https://sleepyhollow.localarchives.org/files/original/e6f600eeb220eeec2618d3cff01a93cd.pdf 402ac27713d7145aa42f932aae977562 PDF Text Text *l PUBLIC HEARINGS NORTH TARRYTOWN, N.Y June 13, 1983 A regular meeting was held before the Board of Trustees of the Village of North Tarrytown on the above date. Present Philip E. Zegarelli, Mayor Stephen Maceyak Vincent Buonanno William McBride Joseph D. Lofaro James J. Timmings Emmanuel J. Lobato, Trustees Robert J. Ponzini, Counsel Mayor Zegarelli called the meeting to order at 8:00 P.M. with a prayer and salute to the flag. Mayor Zegarelli called for approval of minutes of the meetings held on April 4th, 11, 18th, 25, 27 and 30th and May 9th and 23rd, 1983. Trustee Timmings so moved, seconded by Mayor Zegarelli. Trustee Lobato moved to amend the motion to approve all the minutes except for the minutes of April 4th and 11, seconded by Trustee Maceyak. Amendment carried, while Trustee Timmings voted "No". Motion on the floor carried while Trustee Timmings voted "No". Trustee Timmings stated that the Board had agreed to abide at the organization meeting by Roberts Rules of Order. He stated that Roberts Rules did not have great legal significance* ; He read the following paragraph from Roberts Rules: "Second Organizational Meeting: Reading and Approval of the Minutes. With the temporary officers elected at the first organizational meeting serving until the regular officers are elected, the first item of business at the second meeting is the reading and approval of the minutes of the first meeting, with corrections if necessary." Trustee Timmings stated that there is no reason why they should not approve all the minutes. Mayor Zegarelli stated that he had said in previous meetings that if there were any corrections to be made, they should have been submitted in writing, in advance by the next meeting. Mayor Zegarelli read the notice of hearing to consider a proposed local law amending Chapter 4 "Amusement Devices" Sections 4-1 and 4-10 and asked if there was anyone present who would like to address the Board, (The amendment would be to allow devices within a 200 ft. radius of a school.) afimt*-.. ^f^mm^yt' - '•-'<£*& ^*s*"-jsca*""»s^'^^^vs*^!.^* �Til -2Trustee McBride inquired as to how long ago was the previous ordinance amended and was answered last year. Miss Eva Piedemonte, Gordon Avenue, inquired as to who was askinc for the change and stated that she was opposed to any devices being placed in establishments within 200 ft. of a school. Mr. Keith Wald stated that he leases the Strand Center from Mr. Rodriguez. He stated that the facility is not open during school hoursl No one can come in to play any games when the doors are locked, he sail •i Mr. Joseph Piedemonte, 95 Beekman Avenue, stated that another CentJ was opened, but did not work. He stated that there should not be any video games in there. mi No other comments, Mayor Zegarelli moved, seconded by Trustee Tin that the proposed law be referred to the Board for further study. Carri] Mayor Zegarelli read the notice of hearing amending Local Law #10 1982, Section 57-18 "Parking Prohibited in Designated Areas" and asked| if there was anyone present who would like to address the Board. Mr. Ugo Checchi, Chairman of the Traffic & Transportation Committeel stated that in a survey of residents using the bus stop, they were agaij the bus stop as it is now and would like to have it revert back to the northwest corner of Valley Street and College Avenue. •:d ft Miss Eva Piedemonte questioned the bus stop and handicapped parkii] space. She inquired as to how can you have a bus stop when you have handicapped space. Mayor Zegarelli stated that this amendment would resolve the situat] No further comments, Mayor Zegarelli moved that the hearing be closi and matter take up under Unfinished Business, seconded by Trustee Timinii Carried. Mayor Zegarelli asked if there was anyone present who would like to address the Board may do so at this time. Mr. Martin Ruane, 95 Beekman Avenue, inquired the status of the new Walter truck; if it was on the road. Trustee Maceyak stated that it has been out on the road. a minor problem which was corrected. There was 7 r*tR5.- Jennifer Dolan, member of the Recreation Commission, stated tha members of the commission were upset about comments made in the newspape She stated that one of the members was told that she could not sit on th commission. She stated that the Board has ignored the recommendation the commission and has left the commission disabled. Trustee Lobato stated that he is not convinced that they are stymie; and that the commission was never criticized by the action. Mayor Zegarelli stated that he was sympathetic to her and the comrois The proposal the commission made could have been easily adopted by a compromise. There were members on the Board who wanted to compromise. •jffft ^LkLi! *«**%*£' KP~"-w*-'*fcfc-£ . *&&*r �fe -3- •"' Mrs. Dolan stated that one of the members could no longer sit in on the meetings. A man was proposed to take Miss Piedemonte's place. She stated that Trustee Maceyak said that if she sat on the commission, they could not have a meeting. Trustee Lobato asked Mr^. Dolan if £vftS term expired and was answered that due to a mess-up it has. I i Trustee Lobato stated that her term had expired and she had to be I reappointed. He stated that there could be a compromise if they include ! the Board's powers under the law to make appointments. So long as-the ; Board is denied, the court will have to decide. Mayor Zegarelli stated that if both sides had agreed at the time the question came up, a unified resolution could have been adopted. Mrs. Dolan stated that Pat Lofaro was ordered to leave a monthly commission meeting because Miss Piedemonte refused to relinquish her commission seat. She stated that we are not about to evict people who show up during the meeting. Trustee Lobato stated that the common sense approach would be to conduct the meeting and future votes cast only by the commission members. The incumbancy is in dispute. Trustee Maceyak stated that Miss Piedemonte could sit in on the meetings, but cannot vote. Trustee Buonanno stated that the recreation commission, as well as all other boards and committees are in the same dilemma. We are waiting for a decision from the courts as to who has the powers. It is not by design, but by circumstance. He stated that it was not their intention or anyone on the Board to circumvent the recreation commission, etc. Hopefully we will have a decision this week, he said. Trustee Lobato stated that we are locked in because the Mayor brought in legal action. He explained about the appointive powers of the Board of Trustees, after which Mayor Zegarelli quoted section 4-400 whereby the Mayor appoints subject to the approval of the Board of Trustees. Mayor Zegarelli stated that he received a copy of the Attorney General's opinion, at a cost of 20C, regarding the same situation in Mt. Kisco which he will give a copy to Board members, as well as one for the minutes. As per a suggestion of Trustee Lobato, Mayor Zegarelli informed the commission to refer any legal questions to Mr. Ponzini. Trustee Buonanno stated that he is annoyed about comments iW the newspaper. He stated that the reporter has been reporting fairly in his articles. The Village still moves forward, said Trustee Buonanno. There are committees who are functioning. The Village is not stagnated or dormant, he said. Mrs. Doian stated that the purpose of having Planning Boards, recreatio commissions, etc. is so that all the decisions would not be made by the seven elected officials. She had stated that people were hired for summer jobs, but not by the commission. * '^'W' » a a - •" -*wim<nr<Km«l> •>***-.*» -*--*.-* ^ir&ty&t); �Trustee Buonanno stated that the Board is not making the decisi Mr. Nardullo is carrying over the practice endorsed last year. Vill officials are not becoming involved in those aspects, he said. Mrs. Dolanstated that Eva has done a lot of work on the commis She stated that the Board does not want her and it is very upsettin to pass over her again. Trustee McBride stated that the commission can operate success As far as the time of service, her term is over. It is unfortunate we are in the courts as to who has the appointive powers, said Trus McBride. Mr. Piedemonte stated that his daughter is not getting paid and works very hard. People are holding a grudge, he said. Trustee Buonanno stated that when we have differences of opini on the Board, we still continue to move forward. Mayor Zegarelli suggested that the commission contact Village Counsel as to how to function. Mr. George Bohn, General Manager of McLean Cable, requested the Board's approval to transfer the franchise of McLean Cable to Amerr Cable. Mayor Zegarelli stated that the Board met and reviewed the co% and asked if the cable commission has been approached for approval. Counsel stated that in accordance with the franchise passed by the Boare in 1973, there is a provision which requires approval of municipal consent prior to the commission approval. Trustee Lobato inquired if this would have any effect on the renewal date that would exist with the transfer and was answered by Bohn in the negative. Trustee McBride inquired if one municipality does not approve, they still go through with the transfer. Mr. Boh stated that all municipalities have to agree. Mr. George Douglas, President of the New York Corporation, expl the background history of American Cable. He stated that all of the local programs will be continued. It will be a very active community television operation, he said. The rates are part of the franchise will remain the same. Trustee Timmings stated that at the Conference of Mayors and Officials held at Grossinger,s, he attended a session on Cable TV and it was their consensus that over the years, small TV organizations w fade out. He stated that he would like to have some discussion with Douglas on how we can firm up public access. Mayor Zegarelli suggested that a letter be sent to the Board as what they would be doing to obtain public access to which Mr. Douglas agreed. Trustee Maceyak moved, seconded by Trustee Lofaro that the trans �-5of McLean Cable to American Cable be approved, subject to the provisions of the franchise agreement. Mayor Zegarelli polled the Board as follows: Trustee Maceyak " Buonanno " McBride - Yes Yes Yes Mayor Zegarelli voted "Yes". j Trustee Lofaro - Yes " Timmings - No " Lobato - Yes Motion carried. Mr. Keith Wald, lessee of the Strand Roller Skating Center, stated that the Board had granted him a two week permit which has now expired and would like to obtain a permanent one. Trustee McBride stated that he is in receipt of a memo from the Chief of Police that he did not feel that a proper evaluation can be given in this short period of time. He does not believe that we have seen an indication of the true volume of business generated by the club. Numerous calls were made, but none of a serious nature, said Trustee McBride. These were documented on the police blotter. The past history of other places has not been good, said Trustee McBride. He stated that he does not believe it is a good idea. We are asking for many problems, whether it is from bussing the people from other communities, etc. The police report is not strongly opposing it, but he was opposed to any further granting of a permit. Trustee Lobato stated that the Chief has, in some sense, reserved judgment to continue the experiment to dole it out. We should chance to see how it is operating, said Trustee Lobato. Trustee Maceyak moved that the dance permit be granted for a month, seconded by Trustee Buonanno. On the question, Trustee McBride stated that the first time they were granted a permit they sent out circulars, as well as advertising in the pennysaver, schools and free passing programs. Trustee Lobato suggested amending the motion to allow a two week segment and then to a month. Trustee Timmings stated that his own experimentein the past is not in favor. Trustee Buonanno stated that he has reservations about the operatior He does not think we can judge what happens elsewhere would happen here. He deserves a chance, he said. Trustee Lobato stated that Mr. Rodriguez did a good job in keeping the problems down. The problem in front of the place was removed when the telephone was removed. On a question of Trustee Lofaro as to who called the police department, Chief Spota answered that his department made a routine check. Trustee Lofaro stated that he would like to see them get a chance. �-6Trustee Lobato amended the motion to allow the permit to run from June 13th to July 11th, seconded by Trustee Buonanno. On the motion, Mayor Zegarelli polled the Board as follows: Trustee Maceyak " Buonanno " McBride - Yes Yes No Trustee Lofaro " Timmings Lobato - Yes No Yes Motion carried. Mr. Joseph Piedemonte inquired about the bus shelters which were to be installed. Trustee Maceyak stated that whoever handled it in the past did not have the applications in early enough. The County has halted the progr he said. Miss Eva Piedemonte stated that she is a member of the Recreation Commission, as far as she is concerned. Until the courts decide, she feels that she is a member. She stated that Trustee Maceyak made a I senseless statement that the commission should be made equal, three 1 females and two males. She stated that she doubted it is the real rea She inquired of Trustee Maceyak if there were other men on other commit and also inquired if the Board would consider appointing seven people t the commission. Trustee Lobato stated that the Board considered expanding the commission, but the Mayor was adamantly opposed to it. Mayor Zegarelli stated that you can have 5 - 7 change or regulations on the-commission. members without any On an inquiry of Trustee Maceyak as to why the commission was reduced to five members, Miss Piedemonte explained that two members did not make meetings and were removed from the commission, thereby reducin the number. Miss Piedemonte inquired of Trustee Maceyak if she had been neglig on the commission and was answered by him in the negative. She inquii of him if public attendance was poor and was answered in the negative. She also inquired of Trustee Maceyak if she had made any statements as commissioner and he answered "No". Miss Piedemonte then stated that it was political. On a question of Miss Piedemonte regarding William Shroba, Trustee Maceyak stated that the Mayor appointed him. f Miss Piedemonte stated that the law states that all meetings shall be held accessible to the public. She stated that no one should have J call in advance to have the meeting downstairs. As a member of the pul she said that she should be able to attend a public hearing. She woul like the matter resolved. " Trustee McBride told Miss Piedemonte that she could have called at the last meeting if she could not attend so that we could have had the meeting upstairs. �V7 -7At this time, Mayor Zegarelli introduced Legislator, from the 9th district. Sandra Galef, County David Rodriguez, President of the S.H.H.3. C O . , spoke in favor of allowing the lessee of Strand Roller Skating Center to hold dances. He inquired as to where the youth would go if the Center is closed. Mr. Wald stated that he can only be judged on his own merit, but it seems that he is being judged on other people*s merit. He stated that he cannot spend money on promotions on a limited permit. He has no control what happens on the street, said Mr. Wald. You cannot run a business that way for one month. Trustee Lobato stated that he did not think it is unreasonable going two weeks to a month. It shows that we have been very reasonable, he said. He stated that we do not expect him to resolve North Tarrytown's problem. They would like to be insured that no other problem arises. Mr. Wald stated that as a businessman, he would have to quit, not knowing tomorrow morning if he was going to be in business. He stated that you cannot pay the bills based on running his business like a candy store. Trustee Lobato stated that he was asking the Board to make quite a decision. He suggested that he submit a written statement outlining the problems that he has operating under a monthly permit, such as advertising, spending money. Mayor Zegarelli stated that the Board would like to review his statement by the next meeting. REPORTS OF COMMITTEES PUBLIC WORKS Trustee Maceyak moved that the salary of Richard Gross who was appointed Water & Sewer Maintenance Man Grade II at the meeting of May 23r be increased to $16,709, retroactive to May 23, 1983, seconded by Trustee Timmings. Carried. Trustee Maceyak moved, seconded by Trustee Buonajyip that the contract for the supply of 500 remote reading meters at a net / cost of $46.75 be awarded to Water Works Supply Company. Carried. Trustee Maceyak moved, seconded by Trustee Buonanno that the contract for the installation of the remote reading meters be awarded to Central Installation Company at a unit cost of $29.50. Carried. Trustee Maceyak moved that funding of these meters will be done on a quarterly basis, $10 per quarter, in eight payments, seconded by Trustee Buonanno and subject to the approval of Counsel as to the proper procedure, for billing each resident. Carried. Trustee Maceyak stated that hopefully, the Elm Street parking lot will be opened by next month. Trustee Maceyak moved, seconded by Trustee Timmings that the followin rules be adopted: (see attached) �-8Trustee Maceyak reported a balance of $43/240.50 in the water and sewer account. County Asphalt has completed the resurfacing of a portion of Beel Avenue and Holland Avenue. This is part of the "Chips" program, sail Trustee Maceyak. I The department replaced deteriorated and/or damaged sidewalks on New Broadway and Pine Street; replaced gates at Margotta Courts playgn planted flowers in front of the Municipal Building and the triangle at Broadway and Beekman Avenue and filled potholes throughout the Village Trustee Maceyak stated that Sanitation foreman Hercules Shubrick is on vacation and Joseph Bozelli is acting foreman with appropriate out-of-title pay. POLICE & LIGHT Trustee McBride stated that through the efforts of the Police Department's excellent record in the STOP-DWI program the department will receive an Intoxilyzer Electronic Alcohol-in-Breath Tester which will be funded by the STOP-DWI program. Trustee McBride stated that Chief Spota has completed the N.Y.S. Law Enforcement Executive Development Program. Trustee McBride read a letter from Chief Lipsky of Tarrytown, 1 commending Ptl. Walter Schrank for his assistance in locating an escal suspect from White Plains Police Department within the Village of Tarl and moved that the letter be entered into his file, seconded by Trustei Lofaro. Carried. Trustee McBride gave the following police report for May: (see attached) Trustee McBride stated that the committee has been discussing a youth officer and moved that Ptl. Gordon Ferguson be promoted to Detective-Patrolman, effective June 27, 1983 at a base salary of $26,20 plus longevity, seconded by Trustee Buonanno. Carried. Trustee McBride stated that Ptl. Ferguson has been assigned a part time basis to the Youth Bureau for the past two years and has demonstra his ability for the promotion. He outlined his duties. Trustee Buonanno stated that numerous letters have been receivedo behalf of Gordon. Trustee McBride stated that the committee interviewed candidates for patrolman and it was their recommendation that Mario Bizzarro be appointed patrolman in and for the Village of North Tarrytown, effect: June 27, 1983, at a salary of $17,135 per annum, subject to twelve we( probationary period and Municipal Training School, seconded by Trustee Maceyak. Carried. " Trustee McBride stated that with regard to the outstanding traffic violations, eleven warrants were issued, of which $1424*00 was collecte in fines. This is a step in the right direction, said Trustee McBride �9 -9Trustee McBride moved that on recommendation of the parking committee, that the following amendment to Local Law #10 of 1982, Section 57-18 of the General Code "Parking Prohibited in designated areas" to delete the bus stop designated at Valley Street, south of College Avenu west side, and to establish the new bus stop zone on Valley Street, southerly direction, northwest corner of the intersection of College Avenue and Valley Street. Trustee Buonanno seconded the motion. Carried. Trustee Vtt\mfi/&>fle^ntSj^thatthe Chief and?»ii<f&Co(»ihiT'r*G review a program sponsored by the State Conference D.C.J.S. Neighborhood Crime Prevention Act which funds money for Neighborhood Watch, which we have, and other community oriented programs. FINANCE & REAL ESTATE Trustee Buonanno reported a balance of $505,317.13 in the General Fund as of June 13, 1983. Trustee Buonanno moved that $17,135 be transferred from Contingencyto Police-A3120.1, personal services, to cover the difference between Grade V and Grade III (Ulacco transfer) and that $1,748 be transferred from Contingency to Police-A3120.1, personal services, to cover the promotion of Ptl. Ferguson, seconded by Trustee Lofaro. Carried. Trustee Buonanno stated that in the CDA report from Mr. Doorley, an audit will be due. There is a balance of $1123 which would not cover the cost, however, the committee will determine if other monies can be used for this audit, he said. TAX EXEMPT Trustee Timmings stated that he has been in contact with Mr. Rovello and a meeting has been scheduled for Monday, July 18th. LABOR RELATIONS-GOV. RELATIONS The committee is continuing with its negotiations with the PBA representatives. In order to accommodate all members of the labor relations committee, a meeting has been scheduled for Saturday at 8:30 A.M Trustee Lobato stated that as per letter received by Counsel, the Teamsters Union is now with us. A letter was received from Brian Lusig, Attorney for the Union, calling for a meeting. The committee will now have two contracts that it will be working on. Trustee Lobato moved that Counsel be authorized to research the obligation of the employe ft to immediately commence negotiations after a change in union representation and if the employer fails to do so, is it an unfair labor practice, seconded by Trustee Timmings. Carried. Trustee Lobato stated that there is a personnel matter that requires a hearing and moved that the Village hire Dennis Fitzgerald to act as a Hearing Officer at the prevailing rate, seconded by Trustee Maceyak. Carried. Trustee Lobato stated that Aqua Dredge Company will complete its work in Fremont Pond as soon as it is dried out. *" •"wnp**"-' �-1079 COLLEGE AVE. Trustee Timmings moved, seconded by Trustee Maceyak that the Board meet as a Board of Directors of 79 College Avenue after the meeting. Carried. RECREATION-SENIOR CITIZENS Trustee Maceyak gave the following report: Softball league finished this past weekend with their annual All Star game. The highway department is leveling off the grounds at Memorial Field, after which gravel will be placed down to cut down on the dust Plans to renovate Andrews Lane tennis courts are being considered Trustee Maceyak stated that there was vandalism at all the parks and on the recreation truck. Trustee Maceyak stated that about 700 residents have applied for permits to the Mt. Pleasant pool. Trustee Maceyak stated that thetTcitizens' picnic will be held on July 13th at Kingsland Point Park. The Board has received invitatioi ADMINISTRATION Trustee Buonanno stated that the fire inspection was held in the firehouses. Some areas are in need of repair, he said. FIRE Trustee Lofaro read a letter from Sec'y. of Fire Council, L. Kosi! regarding changes in personnel in Fire Patrol Company and moved that action of Council be confirmed, seconded by Trustee Timmings. Carried, >Also in the letter, Pocantico H & L has requested permission to take its apparatus to Lake George on June 16-18 and Columbia Hose on July 7th to Dobbs Ferry. Chiefs were also requesting to take their cai Trustee Maceyak stated that he did not feel that the truck should be driven to Lake George. He stated that trucks are not designed or engines built for that length of a trip. It was stated that the truck is in good condition and has travel© that far before. Trustee Lofaro moved, seconded by Trustee Timmings that Pocantico H & L and Columbia Hose Companies be granted permission to take their apparatus to their respective parades and that the Fire Chiefs be grai permission to take the Village fire chiefs cars to the parades also. Carried. inl Trustee Lofaro stated that fire headquarters and equipment are m good condition. h»mjt* > * "-*# 1*' ~* WW"" "**~*~«t r-irvf •*-*• *-'t �?/ -11MAYOR'S REPORT: Mayor Zegarelli stated that the request for a board resolution from the State Insurance Fund concerning firemen payroll was referred to Counsel. Mayor Zegarelli read a letter from Mr. Slachta, General Motors, requesting no parking in front of the entrance to the General Motors offices, after which Trustee Timmings moved, seconded by Trustee Buonanno that a public hearing be held on July 11, 1983 to consider a proposed amendment prohibiting parking on Beekman Avenue, in front of the General Motors lobby. Mayor Zegarelli stated that he is in receipt of a letter from Mr. Mowen, of Hagedorn and Company, requesting a meeting to discuss insurance proposals and referred same to Trustee Buonanno. Mayor Zegarelli stated that the Board is in receipt of a letter from Great Base Coaster for permission to shoot a story film in Patriots Park and on Lawrence Avenue. Since the park is in Tarrytown, the company ffi" also requested permission of the Village of Tarrytown. They are requestir to use North Tarrytown's portion, said the Mayor, and moved that permissic be granted, seconded by Trustee Timmings. Carried. Mayor Zegarelli stated that NYCOM passed two resolutions at the end of the conference last week. One dealt with Cable Television and Senate Bill #1113 which repeals the inclusion of tax exempt interest -or determining taxation of social security benefits. Mayor Zegarelli acknowledged memos from Counsel regarding Algo 2-2-4 Realty and College Avenue Realty tax petitions and CSEA/IBT case and McLean TV. COMMUNICATIONS Communication from A. C. Lapetoda, Gordon Avenue, requesting, on behalf of the North Tarrytown Republican Club, permission to hold a bake sale on June 18th in front of the First National Bank was read and on motion of Trustee Maceyak, seconded by Trustee Lofaro that permission be granted. Carried. Communication from Michael Hyland, Chairman of the N.T. Democratic Committee, requesting permission to use Douglas Park for its annual picnic on August 7th was read and on motion of Trustee Timmings, seconded by Trustee Lofaro permission was granted. Carried. Communication from Frances Kofka,31 Lawrence Avenue, requesting that the tree in front of her property be trimmed, as well as the repair of her sidewalk which has been uprooted by the tree was read and referred to the public works committee. Communication from Victor Page resigning as building inspector effective July 1, 1983 was read. Trustee Lofaro moved, seconded by Trustee Maceyak that his resignation be accepted with regret and a letter of thanks sent to him. Carried. �<\7~ -12Mayor Zegarelli stated- that Mr. Doorley has submitted his resignat as CDA Director since the program was being phased out. Trustee Lofaro moved, seconded by Trustee Timmings that his resig be accepted and that a letter of appreciation be sent to him. Carried. The administration committee was instructed to look for a building inspector. Trustee Buonanno moved, seconded by Trustee Lofaro that the Clerk be authorized to obtain a building inspector's list from personnel office. Carried. UNFINISHED BUSINESS With regard to the hearing to amend the amusement device law, Trustee Maceyak moved, seconded by Trustee McBride that the matter be referred to committee for further study. Carried. NEW BUSINESS Trustee Timmings stated that an honorary Doctorate from Columbia University was awarded to Dr. Edward J. Zegarelli and moved that Dr. Zegarelli be given a certificate of appreciation from the Village of North Tarrytown for his accomplishments, seconded by Trustee Maceyak. Carried. Trustee Buonanno reported that the Treasurer and Clerk will be going into the City on Monday, June 20th for the bond sale and moved til they be paid for expenses incurred, seconded by Trustee Maceyak. Carriei Mayor Zegarelli stated that at a work session, a discussion was held regarding the use of Village vehicles and formulated a policy to be instituted immediately and so moved that the following policy for the use of all Village vehicles be adopted, effective June 1, 1983, seconded by Trustee Buonanno: (see attached) Mayor Zegarelli polled the Board as follows: Trustee Maceyak " Buonanno " McBride - Yes - Yes - Yes Trustee Lofaro - No H Timmings - Yes " Lobato - Yes « Mayor Zegarelli voted "Yes". Motion carried. •* * "V*.,, *«rr, •.WtX**^* �fs -13- - Trustee Buonanno moved, seconded by Trustee Lofaro that the bills submitted on the General Fund and Water & Sewer warrants dated June 13, 1983 be paid after approval by department heads and that the Treasurer be authorized to pay same and that a copy of this resolution be attached to the warrants. Carried. There being no further business to come before the meeting, Trustee Maceyak moved, seconded by Trustee Buonanno that the same be duly adjourned. Carried. Respectfully submitted, Filomena Fallacaro Clerk — r i -•*—'*>* '*sHZms». �TELEPHONE (914) 631-0800 ^ J S ^ KICHARDJ. SPO^ Chief of Polkt ^ l i t e department Village o! J?orth Sfarrptofem, J?. § . 10591 POLICE REPORT Total Number Charged by Polices 1. Arrested .. . 2. Summoned * MAY 1983 96 *.......1180 Total 1276 Persons Charged with Crimes or Violations: 1. V&T Moving Violations 40 2. V&T Non-Moving Violations *.... 3 3. Operating with a Suspended or Revoked License • 2 4. Criminal Possession of a Controlled Substance 7th •» 3 5. D.W.I . 8 6. Unlawful Possession of Marijuana •. • • 4 • 7. Vill. Ord. Drinking in Public . 2 8. Possession of a Hypodermic Insturment 3 9. Harassment 2 10. Disorderly Conduct 10 . 11. Trespass 1 12. Menacing 1 13. Resisting Arrest 3 1*4. Criminal Possession of Marijuana. 3rd 1 15. Assault 3rd * • ••••• 2 16. Criminal Sale of a Controlled Substance...... 1 17. Petit Larceny '3 18. Criminal. 'Trespass»•>,•;• wfrvlv^:V-* •...*. ^. ...................... 1 19. Leaving the Scene of a Personal:Injury..Accident, i ». 1 20. Criminal Impersonation.....'... 1 21. Obstructing Governmental Administration. 1 22. Burglary. 3rd 1 23. Dog Ord. Violations 1 Total 96 �?s ^ ^ ^ ^ ^ W ^S&xT TELCPHONE [914) 6^1-0800 RICHARD ^^a=aZ^ J. SPOTA Chief of Folic* polite department W a g e of Jtortb tEacrpiofem, M. & 10591 |Parking Violations: 1. Metered Parking 2. Other Parking Violations.•; 256 924 Total Investigations of Reported Felonies Investigations of Other Complaints Investigations of Auto Accidents Aiding of Injured at Accidents • 5 241 42 8 • Total ' ~* Police Aid to Sick Persons. I Ambulance Requests [Responding to Alarms•. Escorts » • Arrests on Warrants •••• Mssing Persons 1180 296 39 30 12 ~ * • 6 • " D0A Checking 40 Dark Houses Assistance Other Than Above TOtai » * 28Z * 255 639 * Respectfully submitted, Richard J. Spota Chief of Police ****'* *J-P/^mJJ(5J^[0J•f^J^lJW"<^"f, U """WMW"W' i*" \r a'ttmi A M taa " W i « , * • • & • I �f it »i 'I ' / VILLAGE OF NORTH TARRYTOWN ; * -„ - / • - > - INTERNAL MEMORANDUM >-. I ^ r ' t ' To Employees of Public Works Department :prom ' 'll - "2 - r Mayor & Board of Trustees '^Subject ^:3K&-: Safety Rules -. \-'-»c*.r-*'r ~~n«>; 6 , 1983 Etate^June » v - i ^ To From Sub] '$1 j-j- Saf ety' Rul e:' i | | | p : Each^mpfoyee of the Public Works DepartmentVhall bejLssuedJiani^hat, ' « ^ ^ r f s a f e t y goggles .and gloves\^J5afety; equipment/shall be numbered and""signed for ,:v3j >^.by employee/^ _ . .™r ' /^^^&&^^SiSSmSmamm^^M^ ^$it"~ B. "Abused or lost equipment'will be repl aced Rimmed! ately witn^l/Zjpayment -;'7^from empli " " «------*--" - l j *--•»•» —••---- «-•• — i ™ + ,- m ^.».u—,*+, 13'hciHard h"ats: 110. ,--A*V_. f .11- -V- 6;v:cFailure"to co'mDly with this' safety "rule shall result i n : „- • ' c ^ 3 / : " - ^ p p ~ ; . A. Written reprimand for the f i r s t infraction. ,;.£:^n#||vg|^v B. Suspension of one day for second without pay. --.""-/'.>^J£?rW C. Suspension of two days for third without pay. D. Suspension of one week to comply and any til 7. Failure to enforce safety »«.<=. -.„.., • .«..- *"-.»-»iv^.-* A. Any Department head, foremenor temporary' supervisor who doesnnot b enforce these safety rules shall receive the same order of reprimand , • ^i;\ as employee. -.? ,V \^pS'*^"'*:^^Sc^u^^^A 1 ^ B. Any foreman whi ,vi< �?7 \ •• VILLAGE OF NORTH TARRYTOWN INTERNAL MEMORANDUM n : m To Employees of Public Works Department Mayor & Board of Trustees 983 " "Subject 2P \#3 Hi ,> r.v A. All vehicles shall be chalked when unattended. result'in provision in Article 6 - ; r<h y;*m^ Failure.to do so'will i;V, B. . Whenever a driver must backup, he will ge guided by a fellow worker who :;/" ^ - :;?r, he wi x i c -Provi >£m \*z$m v>. :IM '- m ~-"£&?J&%"' *•;*•*, -• ;»l -fc*>-- ;-•&. - ' ^ TV ••••A^WJfA-. Br im>K sum -5r1®KgJ �oil it •!;.', J* t '.? PA PL. ' <*••.•« STAI* o r Hew toitK DEPARTMENT O F LAW Ill i i.. A P P E A L S A N D O P I N I O N S BUKCAI ftOSKRY AMflAMS ATTOOMKV G t M S M L prrc* H. scMirr A C T U M ATTOIH««T IM CMISP or>T«' ALBANY. H.X. 1 3 2 3 * June 3 , 1983 Charles V. Martabano, Esq. Village Attorney Village of Mount Kisco 404 Main Street Mount Kisco, New York 10549 Dear Mr. Martabano: JUN Informal Opinion "No. 83-31 You have informed us that at the recent organizational meeting of your village the mayor appointed you as village attorney for a one-year term, but that the board of trustees failed to confirm the appointment as required by.law. The" mayor refused to appoint another person as village attorney^ You have served for three years as the village attorney. In a telephone conversation you informed ua that your position is in the "exempt" classification of the civil service and that you are serving under a one-year appointment made at the last village organizational meeting.' V '} . Your first question is whether the mayor has the right to appoint the village attorney where the position has hot been established as an "office". In a telephone conversation you indicated that it is not clear whether the position in. fact has been established as a village office. The mayor has responsibility for appointment of "all department and non-elected officers and employees subject to the approval of the board of trustees" and may delegate the power to appoint certain employees to other village officers or employees (Village Law, S 4-400 [1] [c]). Therefore, in the absence of a delegation, the mayor, subject to the approval of the trustees, has the power to appoint the village attorney whether the position is an office or a position of employment. urn in «M a i J i I'lm^rm^/nmp"^' 4 w-*-- �2. Your second question is whether, upon the failure of belov^tJ^-rstSCSBB^^ :ffsilbfcyaaw8^^ ***** •***?*> - , .*-. # serve. The position in question is in the exempt class of the civil service. However, you are not certain whether the position is an office or a position of employment. The Village Law does not designate the position of village attorney as a village office but authorizes the board of trustees to establish additional village offices (id., S 3-301[2][c]). We believe that under the circumstances you have presented, the answer to your second question will be the same whether the position of village attorney is an office or a position of employment. Since the position is in the exempt class of the civil service, the incumbent serves at the pleasure of the appointing authority (Civil Service Law, § 75).* We believe that the local establishment of a term for the appointment of an exempt employee is inconsistent with these provisions and is therefore a nullity (1974 Op Atty Gen [Inf] 164, id. 204). Upon the failure to appoint a successor and in the absence of a dismissal of the incumbent by the appointing authority, the incumbent village attorney would continue to serve at the pleasure of the appointing authority. Further, if the position is a village "office", unless the office terminates or is abolished, the incumbent will hold over and continue to discharge his duties until his successor has been chosen and qualified (Public Officers Law, S 3 ) . Thus, we conclude that upon the failure to appoint a village attorney in your village, the incumbent village attorney will continue to serve. Finally, you informed us that thefroardof trustees has substantially reduced the salary of the holding over, village attorney with no reduction in the duties of the position. You ask whether such action is authorized. The board of trustees is responsible for the adoption of the budget (Village Law, § 5-508) , and we believe the trustees may, during the course of the year, reduce an appropriation. A person holding a position by permanent appointment in the competitive class of the civil service may not be removed or subjected to any disciplinary penalty except for incompetency or misconduct shown after a hearing upon stated charges. Persons holding positions by permanent appointment or employment in the classified service (including exempt and non-competitive positions) and who are honorably discharged veterans or exempt volunteer-^ firemen, are also entitled to this protection (Civil Service Law, S 75[1][a] and [b]). the trustees to approve the mayor's reappointment of the incumbent village attorney, the incumbent continues to „i .,,** w ' *.r* *£ish •**-*- *w', ./ T!«Sv v""- * ''V'-vc. y �i1 ' fl!.«» /tf* 'il !¥ i J t1' 1 1 However, in our opinion, such action may not be taken as a **see belo^acra^nJ73aft^^ ^tfeaggaegeKssr^^^pi-^r• jof. .g»rr»fr&mjgjacBit^ ^fc'v5M3T^v*KC^^5e^s^ *baf viwa?il»,^i>*^^grabttyir£,ttggfe iii^oriT>la±3.cn o* the provisions of Village Law, S 4-400 (1) (c) . * 5 We conclude that the mayor of a village appoints the village attorney subject ta the approval of the board of trustees. Upon a failure to appoint a village attorney, the incumbent continues to carry out the duties of the position. I ill •is I The Attorney General renders formal opinions only to officers and departments of the State government* This perforce is an informal and unofficial expression of views of this office. Very truly yours. ()ftmj^*>-C^ it's If JAMES D. COLE Assistant Attorney General rl 'f ' ! jit I ..u :. ** 1 means of - neutralizing the mayor's power of appointment. • Such action could be viewed as a subterfuge.in violation of >1 0 ] ,-.-,„.-_,- i JLLJ P tit . -„*,—»..,HI,mma<«r«i<yip»ny)m«•«" ^ ' ' V v ^ v-^4*'' �/o, I, VILLAGE OF NORTH TARRYTOWN INTERNAL MEMORANDUM T0 FROM • ALL DEPARTMENT HEADS Mayor Zegarelli SUBJECT ^ s e °^ Village vehicles DATE Jun e 1> 1983 Please be advised of the following Village policy determined May 31, 1983 and effective immediately: V~.~;,.- ;*• * ** «_i^-^ . > 1. Village vehicles are not to be considered personal vehicles ;V\..'.. i— All Village vehicles assigned to specific department heads or employees are to be utilized in the executiorxL_pf. vour respective responsibilities for the Village. " This includesCthes e"7 normal, and; routine.; situations - whic? require your presence, during various days and times outside normal. Jf\. = business hours. _ -• '. .' "-_.'"- ' *;\'-%zi^i;^^.~ 2. It is the policy, of the Mayor .and Board of Trustees that the use of a Village vehicle for official use within Westchester County does not require permission of the respective chairman of your Trustee committee. Any use of the vehicle outside the County of "Westchester requires the minimum of notification and approval by your respective Trustee chairman' 3. Under no circumstances are Village vehicles to be utilized for -.'_•-. personal use. This includes travel and use of a Village vehicle for vacations, shopping, family use and other activities that in any way, '•• *: shape or form could be considered outside of official use. „ . " .. * "._-' •' 4. While there will be cases where exceptions may be necessary* this policy is to take effect immediately. Violations of the policy will be handled by the Mayor and Board of Trustees as a whole .and can include suspended use of the vehicle, monetary penalty and/or "the elimination". of the vehicle from'your responsibility. Consideration of this situation ii. should be considered also in the personal context. This "includes the -J' possible suspension of the Village's insurance coverage, not only for the vehicle, but for the person utilizing the vehicle where an accident or other liability may occur. The Village will not be the insured -. party of last resort, •..-'" > • This memo is to be made available to all Village employees. The Board of Trustees may, from time to time, adjust or otherwise amend this policy, but until such time, this shall be in effect. If there, are any problems, questions or suggestions to the above," please feel free to contact me and/or your committee chairman. ••"•-. cc: Board of Trustees Village Counsel Judge Maroney "-'*.- ---n » -' -"***i-5* *" --.-*S^ £ > tj^ja^-/**."*" � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-1983 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_1983-06-13 Subject The topic of the resource Board of Trustees Minutes-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text