https://sleepyhollow.localarchives.org/files/original/4a140452400dd8a7f020f2e66ea9ae41.pdf 18cd222a507dc5aa4092b68f8813b400 PDF Text Text /(// NORTH TARRYTOWN, N.Y. September 19, 1983 A regular meeting was held before the Board of Trustees of the Village of North Tarrytown on the above date. v Present Philip E. Zegarelli, Mayor Stephen Maceyak Vincent Buonanno William McBride Joseph D. Lofaro James J. Timmings Emmanuel 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 a moment of silence on the passing of former County Executive Edwin Michaelian. Trustee Maceyak moved, seconded by Trustee Lobato that the minutes of the meeting held on August 22, 1983 be approved as written. Carried. Mayor Zegarelli noted the presence of County Legislator William Crosbie. Mayor Zegarelli asked if there was anyone present who would like to address the Board may do so at this time. No one addressing the Board, the regular order of business resumed. REPORTS OF COMMITTEES PUBLIC WORKS Trustee Maceyak gave the following report: Replaced hydrant on Holland Avenue which was damaged by a trailer truck Routine preventative maintenance of sanitary sewers with sewer jet in the Village proper. • Bank balance in water and sewer account as of 9/19 is $42,818. Replaced deteriorated sidewalks on Clinton St., Cortlandt St., Francis St., Washington St. and Chestnut St. Resurfaced a portion of Cortlandt Street to improve the bumps caused by the water main break. Trimmed low branches in Fremont Circle using our bucket truck. Placed telephone poles on Hudson Street parking lot (proposed) to outline the area. Stairs at the railroad station have been repaired. �-2Trustee Maceyak moved, seconded by Trustee Lobato that action be taken against Roger Thomas, Water & Sewer Maintenance Man, Grade II, similar to that taken on former employee James Rogalski. Carried.' Trustee Maceyak stated that the stickers for Elm lot have been received. The Village Attorney drafted be signed by tenants to which they will agree that no will be parked in the lot, no storage or repair work, Street parking an agreement to commercial vehicl etc. Trustee Maceyak moved, seconded by Trustee Lofaro that the Clerk's c commence issuing stickers for parking spaces on Elm Street. Carried. Trustee Maceyak moved, seconded by Trustee Lofaro that $2400 be funded for fencing around the Hudson Street lot and that the money be obtained from the current budget. Carried. Trustee Maceyak moved, seconded by Trustee Buonanno that the Mayor be authorized to sign the agreement with Westchester County for the $100,000 Urban County Grant to repair catch basins and sidewalks in census tract 116 after review by the Village Attorney. Carried. Trustee Maceyak moved on recommendation of the Public Works Commits that George Crouch be promoted to M.E.O. effective October 1st, 1983, seconded by Trustee Buonanno who amended the motion that funds be obtain* from Contingency and that the Treasuer make the necessary adjustment, seconded by Trustee Lofaro. Carried. Trustee Maceyak moved, seconded by Trustee Lofaro that the Board advertise and post two Motor Equipment Operation positions; one in sanitation and the other in highway. I Trustee Timmings questioned the number of 8 M.E.O. and 4 laborers and noted that we are in new negotiations. Trustee Lobato'noted grievance problems from the department and stat that it was unfortunate that we have a small work force. POLICE & LIGHT Trustee McBride reported that the Police Bargaining Committee met on September 9th with Mediator Paul Kell, Trustee Timmings, Counsel Ponzini and himself. They met for six hours and were unable to resolve any of the differences between either side. The next step is binding arbitratio said Trustee McBride, which has been tentatively scheduled for the end of the month. Counsel stated that we will receive a letter from the Mediator to the effect that he will be notifying PERB of the impasse after which a date will be scheduled. Trustee Lobato stated that we do not have -to go into arbitration if we say we are at an impasse. He stated that he would like to hold off until the next work session. We have not considered a fall-back positio he said. �/$/ 3 -3Trustee Timmings stated that one of the small sessions involved the mediator, police lawyer and himself. Only change the police would consider was one that was cosmetic. They considered what the Village thought was minutes of a meeting to be a memo of agreement and consequently, would not back away from it. Mayor Zegarelli stated that he does not think the Board is entertaining e any motion at this this time time. rTWe entertaining any *thoughtjof otion at ~ are -not --1- -----—--•--»-* -» ~ going - into 1 binding arbitration unt::il we hear from the mediator. Counsel stated that once the report is filed by the mediator, we are heading for arbitration. If we want to go back to mediation, it should be with the consent of both parties. Trustee Lobato proceeded to recommend that the Board somehow decide whether we are going to wait for the mediator's report or make an affirmative! attempt to talk one more time with the police. Trustee Timmings stated they did not want to talk about anything, except the piece of paper. Trustee McBride stated that we are not close at all. where we are not going to resolve it. The feeling is Mayor Zegarelli suggested that the Labor Relations Committee meetlas soon as possible to discuss the matter and ramification of pursuit after the report is filed by PERB. Trustee McBride stated that fines collected in July report amounted to $1922. This is based on past due tickets, said Trustee McBride. The practice will be continued, he said. Trustee McBride stated that the off-street parking committee have recommended three sites for the bus shelter with the agreement of the police department and moved that they be situated as follows: Entrance to the Sleepy Hollow Manor, Triangle at Broadway and Harwood Avenue and south of the Pocantico River bridge, west side, seconded by Trustee Buonanno. Carried Trustee McBride stated that the police, in conjunction with the County, set up a road-block on Route 9 on September 9th for a D.W.I. Sobriety check. He commended the department and all involved in the road-block check. Trustee McBride stated that a request has been made by Ptl. James Reddy for a transfer to the Buchanan Police Department. His two main reasons are money and closeness to his home. Trustee McBride moved, seconded by Trustee Buonanno that action of the Mayor in approving Ptl. Reddy's transfer to Buchanan, effective September 19, 1983 be approved. Carried. Trustee McBride stated that he has a recommendation from the Chief to replace Ptl. Reddy with Thomas Walczak. He read Mr. Walczak's qualifications who served on our police force from October 1977 - April, 1979. �-4Trustee McBride moved, seconded by Trustee Timmings that Thomas Walczak be appointed patrolman effective September 26, 1983, third grade, at a salary of $20,960 per annum. Carried. Trustee McBride submitted the following report for August: (In detail official minutes) FINANCE & REAL ESTATE Trustee Buonanno reported a balance of $158,516.42 in the General Fund as of September 19th. Trustee Buonanno moved to confirm action of the Treasurer in depositing a certificate of deposit in the amount of $700,000 at 8% in the First National Bank of North Tarrytown and a certificate of deposit in the amount of $300,000 at 8% with the First National Bank of North Tarrytown. Carried. Trustee Buonanno offered the following resolution, seconded by Trustee Maceyak: BOND RESOLUTION DATED SEPTEMBER 19, 1983, AUTHORIZING THE ISSUANCE OF $185,000 SERIAL BONDS OF THE VILLAGE OF NORTH TARRYTOWN, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE ACQUISITION OF A FIRE APPARATUS WITH EQUIPMENT FOR THE VILLAGE AND APPROPRIATING THE PROCEEDS TO SUCH PURPOSE. I (In detail official minutes) I Mayor Zegarelli recognized Sandra Galef County Legislator in the audience. TAX EXEMPT PROPERTY Trustee Timmings reported progress. LABOR RELATIONS Trustee Lobato reported that the committee will be meeting with representatives from the International Brotherhood Teamsters on Sept. 2 to commence negotiations for a contract with the Village blue collar workers. This is the first meeting since the de-certification of CSEA and certification of IBT, he said. The labor relations committee will prepare a job description for a Village Manager, said Trustee Lobato. Trustee Lobato stated that a meeting will be held on September 21s with representatives from CRISP and the Board of Trustees, County Legislators Galef, Crosbie and Brady will also be here, he said. The meeting is open to the public. �&s -5Trustee Titnmings stated that at the last meeting, the Board approved referring the space allocation matter in Village hall to the Technical Service Review Board. The first meeting was held last Saturday morning. We have assessed work assignments for various people for the next meeting. There will be another meeting on October 1st and we will continue to meet periodically, he said. A memorandum will be sent to various department heads for a meeting to discuss various problems they might have, said Trustee Timmings. Trustee Timmings moved that action of the committee in authorizing the Technical Service Review Board to commence interviewing department heads to obtain their view for their needs and future needs be confirmed, seconded by Trustee Buonanno. Carried. 79 COLLEGE AVENUE Trustee Timmings called for a Directors meeting after the Board meeting to discuss matters in connection with 79 College Avenue. RECREATION & SENIOR CITIZENS Trustee Maceyak offered the following resolution, seconded by Trustee Lofaro: WHEREAS Almighty God has seen fit to take unto Himself the soul of the late Joseph Quattro, and WHEREAS the said Joseph Quattro was the former Superintendent of Recreation and a resident of the Village of North Tarrytown for many years having been held in the highest esteem by all those who knew him, now, therefore, be it RESOLVED that the Board of Trustees take official notice of Joseph Quattro's death, and be it further RESOLVED that this resolution be made a part of the official minutes of this meeting and a copy sent to the family of the deceased. Carried. Trustee Maceyak stated that Mr. Quattro did a lot for recreation in the Village and will be sorely missed. Trustee Maceyak moved that specifications be prepared and bids be received on October 11th for recreation equipment, seconded by Trustee Buonanno. Carried. Trustee Maceyak stated that the Fall and Winter brochure is out. The registration deadline is October 7th. Vandalism - bench uprooted in Barnhart Park and was cemented in by employees. There was excessive garbage in Clinton St. playground and was removed. Trustee Maceyak stated that the Recreation Commission has requested that the Clinton Street park be closed because of the vandalism problem. The matter will be discussed at the next work session of the Board, said Trustee Maceyak. �-6Trustee Maceyak stated that the senior citizens have scheduled a Halloween Party on October 31st; a Christmas Party on December 6th and a trip to the Evening Theater on October 5th. There were seven new members. Trustee Maceyak moved, seconded by Trustee Timmings that a lettebe sent to the senior citizens congratulating them on their 8th anniv< sary. Carried. Trustee Maceyak stated that since Mr. Soriano is ill, there was no one to represent North Tarrytown at the Town of Mt. Pleasant Senior Citizens Council. Mayor Zegarelli called for suggestions from the Board. ADMINISTRATION Trustee Buonanno moved, seconded by Trustee Lofaro that a public hearing be held on October 11th on a proposal to adopt a resolution pursuant to the provisions of Section 467 of the Real Property Tax Law to exempt from Village taxes within the control of the said Board of Trustees to the extent of 50% of its assessed value properties ownej by one or more persons 65 years of age or over who comply with the provisions of said Section 467 as to occupancy, income, length of ownei ship and otherwise. Carried. Trustee Buonanno stated that a meeting was held with our Animal Control officer, Sally Isler, and an agreement was made with her. He suggested that the Board consider the Village providing total serviced in animal control and that we request the Town of Mt. Pleasant to I reimburse the Village for a full time person. We would not then need! the Town Control Officer. Mayor Zegarelli stated that obtaining a dog warden from an outgrowth of the secession report. We negotiated services State required payment of taxes, regardless, said the Mayor. need to further negotiate this item with the Town Supervisor the suggestion to be entertained. the Town: because t We would to enable Trustee Buonanno stated that sometimes, meetings are being held i the courtroom. The committee is looking into the feasibility of insta a lavatory off the lobby on the first floor. Trustee Buonanno stated that he met with the Building Inspector w issued notices of violations to several owners and moved that the Boar confirm the action of the Building Inspector in sending out notices of violation, seconded by Trustee Maceyak. Carried. Trustee Buonanno offered the following resolution, seconded by Trustee Maceyak: WHEREAS Almighty God has seen fit to take unto Himself the soulg of the late James Friere, and I WHEREAS the said James Friere was the former Chairman of the ZoiJ Board of Appeals and former resident of the Village ofr many years having been held in the highest esteem by all those who knew him, now, therefore, be it �fyy -7RESOLVED that the Board of Trustees take official notice of James Friere's death, and be it further RESOLVED that this resolution be made a part of the official minutes of this meeting and a copy sent to the family of the deceased. Carried Unanimously. Trustee Buonanno offered the following resolution, seconded by Trustee Timmings: WHEREAS Almighty God has seen fit to take unto Himself the soul of the late H. Tilden Swan, and WHEREAS the said H. Tilden Swan was the former Mayor of the Village of North Tarrytown and resident of the Village for many years having been held in the highest esteem by all those who knew him, now, therefore, be it RESOLVED that the Board of Trustees take official notice of H. Tilden Swan's death, and be it further RESOLVED that this resolution be made a part of the official minutes of this meeting and a copy sent to the family of the, deceased. Carried Unanimously. FIRE Trustee Lofaro moved to confirm the taking of fire apparatus to Mr. Friere's funeral, seconded by Trustee Buonanno. Carried. Trustee Lofaro stated that Fire Prevention Week is coming up and he has received a request from the Fire Chief for funds to have a small band perform in front of Central headquarters to alert people to Fire Prevention Week. Trustee Lofaro moved, seconded by Trustee Lobato that $300 be."allocated for a band. 'Carried. L * ," " " ' e^ ~ . Carried. Mayor Zegarelli stated that a letter has been received from Mayor Barbella of Tarrytown, requesting North Tarrytown to support their efforts toward changing the way the MTA distributes funds between the LIRR and the Metro-North lines. A letter will be sent. Mayor Zegarelli noted a letter from Senator Alphonse D'Amato regarding his support of the the $500 death benefit and G.I. insurance bills and a copy will be forward to Mr. John Carroll. Mayor Zegarelli read a Western Union Mail-Gram, a copy of which was given to each Trustee, from D. R. Wickline, Mack Trucks, formally protesting the awarding of the fire apparatus to Tyler Fire Equipment (Pierce). This was in view of the Board's failure to award the contract to the lowest bidder, a difference of $15,000 between the two bids. Mr. Wickline requested that the award be rescinded and tendered to his firm and failure to do so will force them to take appropriate action. The matter was referred to Counsel. itayor Zegarelli stated that the meetings for October will be held on October ljLth and 24th. �-8Mayor Zegarelli stated that tickets are available for the WCVOA Dinner-Dance to be held on October 21st. He stated that officials may be reimbursed by the Village for his own ticket. This has been confirm by the Dept. of Audit & Control and confirmed. Trustee Timmings so moved and that the Clerk and Treasurer be included, seconded by Trustee Lofaro. Carried. I I Mayor Zegarelli thanked all the people who sent him cards for good health. Mayor Zegarelli stated that he has received Article 78-Court Decision signed by Gerard Dalney and submitted a copy to be made a part of the minutes. Based on the decision which revolved mainly around the Village Attorney and Prosecutor and in accordance with the same, Mayor Zegarell stated that Village Attorney Robert Ponzini is designated as the Villag Attorney by the Court decision. With regard to the Village Prosecutor, Mayor Zegarelli stated that the position is vacant and under the provision of the court decision, it is the Mayor's appointment subject to the approval or disapproval of the Board. He stated that he proposed names for consideration as part of an agreement between both sides to solve the impasse. Appointments not approved by the Board of Trustees, Mayor Zegarelli stated tha he will revert back to his position on each appointment outlined in the April 4th minutes. Mayor Zegarelli moved that Robert Pierce be appointed Village Prosecutor, seconded by Trustee Timmings. I I Trustee Lobato inquired of the Mayor if he entertained interviewin someone other than Robert Pierce. At the work session, Mayor Zegarelli stated that he had mentioned a name, but he (Trustee Lobato) had different names which were not brought up at the time. He stated that he finds it difficult to do it. He stated that the court decision is quite clear. We have all seen Mr. Pierce in action. He is an excellent choice and he is available, said the Mayor. Trustee Lobato stated that he does not know who he is. Mayor Zegarelli stated that he represented Mr. Amesbury when Fire Council brought action against him. Trustee Lobato stated that his proposal should be interviewed. Mayor Zegarelli stated that he does not know Trustee Lobatofs . proposal, Thomas McKenna. He stated that he does not know the individ personally or otherwise. Mr. Pierce was available at the work session said the Mayor. Your name was obviously proposed at their own sepai meeting, said the Mayor. No consideration was given to the Mayor al to who the majority intended to propose, said the Mayor. | Trustee McBride stated that the Justice decision is very clear. It is the Mayor's appointment, however, if the position is vacant, it �/yf -9is subject to the approval of the Board. The Village law says it is the Mayor's appointment subject to the approval of the Board. You have to have approval of the Board, said Trustee McBride. Mayor Zegarelli stated that the majority of the Board had given Trustee Timmings a list of names of proposals last Saturday, however, the appointees were none of which they had proposed at a previous work session. He stated that they had every opportunity to have interviews. This is an attempt to restrain sufficient operation of the Village, said Mayor Zegarelli. Trustee Buonanno stated that they called a meeting in executive session prior to tonight's meeting to iron out differences. This was their last attempt to negotiate the differences. Mayor Zegarelli stated that the list reflects total partisan people. Mayor Zegarelli called for a vote as follows: Trustee Maceyak " Buonanno McBride - No - No - No Mayor Zegarelli voted "Yes". Trustee Lofaro - No " Timmings - Yes " Lobato - No Motion not carried-no Prosecutor. Village Assessor - Mayor Zegarelli stated that there is a vacancy and appointed former Trustee and Building Inspector, Joseph Jelenek. Trustee Timmings moved to confirm the Mayor's appointment, seconded by Mayor Zegarelli. Trustee Buonanno stated that they attempted to negotiate their list of appointments in total. Essentially, we had to go back in and renegotiate. We did try to negotiate, he said. Trustee Lobato stated that they had a second name and that they would entertain the name as part of an overall compromise. Mayor Zegarelli stated that the individual involved was Herbert Rogers who he originally proposed sometime • ago, but found out that other legislation has to be enacted because he does not live in North Tarrytown. In accordance with Village law, the Village Assessor must be a resident of North Tarrytown and Mr. Rogers is not. You would have to pass a Local Law accepted by the State, he said. The time frame is very time-consuming You will have to have special legislation. Trustee Lobato stated that a Local Law may be a point of compromise. Mayor Zegarelli polled the Board as follows: Trustee Maceyak - No " Buonanno - No " McBride - No Mayor Zegarelli voted "Yes". Trustee " " Not carried - Lofaro - No Timmings - Yes Lobato - No no assessor. �-10Recreation Commission - Mayor Zegarelli stated that there are five members of the commission, one term is expired, another to fill the unexpired term of W. Shroba. As a compromise, Mayor Zegarelli stated that Miss Piedemonte, whose term expired 1983, continues until 1988 and proposed the name of Elias Tsekeridesjto fill the unexpired term of w Shroba (1985). » Trustee Timmings moved to confirm the Mayor's appointments, seconl by Mayor Zegarelli. Mayor Zegarelli polled the Board as follows: Trustee Maceyak - No " Buonanno - No " McBride - No Mayor Zegarelli voted "Yes". Trustee Lofaro - No " Timmings - Yes " Lobato - No Motion not carried. Mayor Zegarelli stated that Miss Piedemonte continues in office and the term of W. Shroba is now vacant, there is no appointee at this time. The compromise was offered, said the Mayor and was rejected. Member of the Planning Board - Mayor Zegarelli stated that James Galgano is a hold-over and continues as a member of the Planning Board for a term of five years. Trustee Timmings moved to confirm the Mayor's action, seconded by Mayor Zegarelli. A poll of the Board: Trustee Maceyak - No Trustee Lofaro - No " Buonanno - No " Timmings - Yes McBride - No " Lobato - No Mayor Zegarelli voted "Yes" and under the provision of the court order stated that Mr. Galgano continues in office. Village Historian - Mayor Zegarelli stated that he designated Joseph Finnegan and the majority proposed Wally Buxton. Trustee Timmings stated that Mr. Buxton was voted historian for a number of years. During one of the years, he submitted a letter of resignation indicating that he was not able to fulfill the requirements of the job. Trustee Timmings moved to confirm action of the Mayor, seconded by Mayor Zegarelli. A poll of the Board: Trustee Maceyak - Yes Trustee Lofaro - Yes " Buonanno - Yes " Timmings - Yes McBride - Yes *" Lobato - Yes Mayor Zegarelli voted "Yes". Motion carried and declared Joseph Finnegan Village Historian'for a term of one year. m �/<r/ -11Building Inspector - Mayor Zegarelli proposed James Margotta as Building Inspector and Ugo Checchi as an assistant. He stated that the position of Code Enforcement Officer is non-existent. He stated that he is proposing the two individuals in toto, J. Margotta as Building Inspector at a rate of $11 per hour and U. Checchi, his assistant at a rate of $10 per hour. Trustee Timmings moved to confirm the Mayor's action, seconded by Mayor Zegarelli. Trustee Maceyak asked the Mayor to reverse the compromise having J. Margotta the assistant and U. Checchi the inspector. Mayor Zegarelli stated that Mr. Margotta has been in construction a length of time and is well-versed in it. He knows the Village having served on the Zoning Board of Appeals and Library Board and Clerk of the Works during the addition to the Warner Library. Mayor Zegarelli stated that Mr. Checchi has worked beyond the 17% hours per week. For the remainder of 6% months left in the year, he thought this is an excellent compromise. Trustee Timmings stated that Mr. Margotta is basicly retired and Mr. Checchi is still active in the plumbing business. He stated that he was cautioned to be very careful of a conflict of interest situation. Trustee Maceyak cited Mr. J. Brophy of having two positions also. Trustee Timmings moved to confirm the Mayor's proposal, seconded by Mayor Zegarelli. Trustee Buonanno stated that the Administration Committee is charged with the responsibility of interviewing potential candidates for the position. When Mr. Margotta's name came up, he declined the position. He stated that the Mayor alone offered Mr. Margotta more money and responsibilities. A poll of the Board" Trustee Maceyak - No " Buonanno - No " McBride - No Mayor Zegarelli voted "Yes". Trustee Lofaro " Timmings " Lobato Motion not carried, no No Yes No Building Insp. Mayor Zegarelli stated that in the interest of covering the system, designed as an additional duty, John Biros, building inspector on a temporary basis. Trustee Timmings so moved, seconded by Mayor Zegarelli. Carried. Mayor Zegarelli stated that he will ask Counsel Ponzini to review the files on cases pending for the Prosecutor and to handle them. Library Board: Mayor Zegarelli proposed the name of Joan Levy to continue on the Library Board for a term of five years. �-12Trustee Timmings moved to confirm the Mayor's proposal, seconded by Mayor Zegarelli. A poll of the Board: Trustee Maceyak - No " Buonanno - No " McBride - No Mayor Zegarelli voted "Yes". Trustee Lofaro " Timmings " Lobato - No - Yes - No Under the provision of the court ruling and according to the minutes of the April Ath meeting, Mayor Zegarelli stated that Joan Lev] continues in office as North Tarrytown's representative on the Library Board. Mayor Zegarelli stated that Mr. Margotta was going to vacate his position on the Library Board and he would have proposed Terrence O'Connor their designee. Trustee Timmings stated that the majority was offered a 20c soluti to the problem to the Attorney General, however, the majority of the Board refused that option and forced the position that involves spendii thousands of dollars of taxpayers money. In view of this, Trustee Timmings moved that the following resolution be adopted, seconded by Mayor Zegarelli: WHEREAS, a resolution was enacted by five (5) members of the Norti Tarrytown Board of Trustees to compensate an attorney of their choosil to defend their personal interests in a lawsuit brought by the Mayor I and Village Attorney of North Tarrytown, and WHEREAS, the Trustees who proposed and favored said resolution are Vincent Buonanno,. Joseph D. Lofaro, Emmanuel J. Lobato, Stephen J. Maceyak and William McBride, and WHEREAS, as part of his official duties to protect the laws and public interests of the citizens of North Tarrytown, Mayor Philip E. Zegarelli commenced an action in the New York State Supreme Court, Westchester County to require said Trustees to recognize his authority to appoint the Village Attorney, and WHEREAS, the Honorable Gerald E. Delaney, Justice, Supreme Court State of New York, in a decision dated August 30th, 1983 concluded that the actions of said Trustees abolishing the position of Village Attome were based solely on political concerns and taken in bad faith, and WHEREAS, said Trustees were provided with reasonable opportunity to resolve said disagreements with Mayor Philip E. Zegarelli prior to the initiation of said lawsuit, and WHEREAS, Trustee Emmanuel J. Lobato specifically stated that it I was his desire to bring this dispute to the Court of Law, in spite of• numerous legal opinions in support of the position of the Mayor, and I �^3 -13WHEREAS, Section 31-4(A) of the General Code of the Village of North Tarrytown provides: "the duty to indemnify and save harmless prescribed by this subsection shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee," and WHEREAS, Section 18(B) of the Public Officers Law of the State of New York provides: "Except as otherwise provided by law, the duty to indemnify and save harmless prescribed by this subdivision shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee," and WHEREAS, the actions of the Trustees aforementioned were deemed by a Court of Law to have been taken in bad faith, and therefore constitute reckless and intentionally wrong conduct, and WHEREAS, said reckless and intentionally wrong conduct resulted in a waste of public funds pursuant to the General Municipal Law of the State of New York, NOW, THEREFORE, be it resolved, that said Trustees, Vincent Buonanno, Joseph D. Lofaro, Emmanuel J. Lobato, Stephen J. Maceyak and William McBride, for their recklessness, wanton and intentionally wrong actions, all of which are deemed as a matter of law to be taken in bad faith, be ordered jointly and severally to repay to the public treasury those several thousand dollars in funds, together with the interest thereon which were paid to their attorney, which expenditures were a waste of the municipal treasurer of the Village of North Tarrytown. Trustee Lobato inquired the identity of the people who prepared the resolution. Trustee Timmings stated that the people he had talked to indicated that it is extremely unusual for a Justice in his written opinion to say that people acted in bad faith. A poll of the Board: Trustee Maceyak - No " Buonanno - No " McBride - No Mayor Zegarelli voted "Yes". Trustee " " Motion not Lof aro - No Timmings - Yes Lobato - No carried. Mayor Zegarelli stated that if individuals would care to have a copy of the resolution they may pick up a copy. Mayor Zegarelli read a memo that he sent to department heads citing the Court's decision. (In official minutes) Mayor Zegarelli stated that North Tarrytown will host the Village Officials meeting on October 13th. The meeting will be held at the Restoration. �-14COMMUNICATIONS Communication from Marilyn Benjamin, 132 Palmer Avenue, requests that a tree in front of her property be pruned was read and referred to the public works committee. Communication from William Barstow, 227 Kelbourne Avenue, requei sidewalk repairs was read and referred to the public works committee. Communication from Mr. & Mrs. G.deCarvalho, 51 Howard Street, requesting the removal of a tree in front of his property was read and referred to the public works and conservation committees. Communication from Edward Belliveau requesting sidewalk repairs in front of his properties at 179 Beekman and 173 Beekman Avenue, was read and referred to the public works committee. Communication from Joseph DeFelice, 291 No. Washington Street, requesting repairs to his driveway apron was read and referred to the public works committee. Communication from Anna Kaleta, 134 Depeyster Street, requesting sidewalk repairs was read and referred to the public works Committee. Communication from Diego Ranieri, 58 Hudson Terrace, requesting the removal of a tree in front of his property because it is creating a hazard was read and referred to the public works and conservation committee. I Communication from Raymond Hordell, Executive Director, No. I Tarrytown Housing Authority, requesting three parking spaces for the " authority was read. Mayor Zegarelli stated that the matter will be discussed at a work session. Communication from George Bollenbacher, 71 Miller Avenue, Tarryto requesting permission to hold bicycle races in North Tarrytown on Sundi June 17th was read and referred to the recreation and police committee! for further study. Communication from Sec'y. of Fire Council, Gordon Ferguson, regar changes in personnel in Fire Patrol, Rescue Hose, Columbia Hose and Union Hose Companies, and exempt certificates for K. Poli and G. Dukes was read and on resolution duly made by Trustee Timmings, seconded by Trustee Lofaro was confirmed by the Board. Carried. Communication from Sec'y. of Fire Council, Gordon Ferguson, regarding repairs to emergency vehicles having priority was read and referred to public works committee. Communication from Sec'y. of Fire Council, Gordon Ferguson, regarding employees responding to alarms was read and referred to the public works and fire committees for review. �Ar -15Communication from Sec'y. of Fire Council, Gordon Ferguson. , regarding better cooperation between the fire department and other Village departments was read and referred to the fire committee. Communication from Elmer & Marguerite Kenyon, 10 Gory Brook Road, regarding violation notices received to remove an obstruction from Village property by Sept. 20th was read. The Kenyons stated in their letter that according to their deed, they own the land to the street with no mention of any portion belonging to the Village. They noted that every house on the east side of Gory Brook Road has a retaining wall. The matter was referred to the building inspector, John Biros. Communication from John Keels, C.O.C., stating that the C.O.C. has a balance of $3000 of unexpired funds was read. Trustee Timmings stated that he called Mr. Keels this afternoon and explained the situation to him. Mr. Keels will be receiving a copy of the financial report from the Village Treasurer. NEW BUSINESS Due to personal reasons and family ties, Trustee Maceyak stated that he is resigning from the police committee effective September 20, 1983. Resignation accepted. Mayor Zegarelli stated that he will bring up the matter at the next work session for a replacement. Trustee Maceyak moved, seconded by Trustee Timmings that the bills submitted on the General Fund and Water & Sewer warrants dated Sept. 19, 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. No other business to come before the meeting, Trustee Timmings moved, seconded by Trustee McBride that the same be duly adjourned. Carried. Respectfully submitted, Filomena Fallacaro Clerk �VILLAGE OF NORTH TARRYTOWN INTERNAL MEMORANDUM To From ALL DEPARTMENT HEADS Mayor Zegarelli Subject Article 78-Court Decision Date 9/15/83 Attached for your information and review is a copy of Justice Delaney's decision regarding Article 78-Court Decision centering around the appointment powers of the Mayor. You will note the conclusions of Justice Delaney pertaining, in particular, Village Attorney, Mr. Ponzini. However, please note commencing on page 2, subsection "Law" the specific paragraph as to the appointing and appointment powers of the Mayor. With this court decision in mind, I wish to officially notify you that all appointments of Village employees or officers whether full time or part-time must h the appointment of the Mayor. You will also note that the Mayor may delegate this authority to others for specific positions. * Since numerous .department heads routinely hire part-time individual for normal work categories in the Village, please notify me in writing the types of jobs that you require your specific latitude in hiring. After due consideration and discussion, I am willing to delegate certai specific hiring capacities to you in order to continue the smooth operat of Village government. If you have any questions, please feel free to contact me at your convenience. Att. cc: Board of Trustees Counsel Ponzini �i- H Tr i w ir n mil" iwwr:r~riTir f i-- '*7i'i . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER In the Matter of the Application of PHILIP E. ZEGARELLI, Mayor of the Village of North Tarrytown, New York, and ROBERT PONZINI, Village Attorney of the Village of North Tarrytown, New York, Petitioners, FILED .::••••:• AND "* •'• ENTERED ' WESTCHESTER,'. COUNTY CLERK '" • '.!'. INDEX NO. 7602/83.* Motion Date 7/7/83 Cal. No. 78 • .• • *" • •». For a Judgment Pursuant to CPLR Article 78 -against'STEPHEN MACEYAK, VINCENT BUONANNO, WILLIAM MC BRIDE , JOSEPH D. LOFARO, and EMMANUEL LOBATO, as Trustees of the Village of North Tarrytown, New York, and JOHN TUCCIARONE, ' M, Respondents. DELANEY, J. .. . This is an Article 78 proceeding in the nature of . mandamus. The petitioners, Mayor of the Village of North Tarrytown and .the Village Attorney, seek a judgment commanding the respondent, Board of Trustees of North Tarrytown, to recognize the petitioner's authority to appoint the Village Attorney. The respondent filed a cross-motion for judgment declaring that the I? i 'I office of Village Attorney has been abolished and the' office of Village prosecutor, never existed or, having existed, has been abolished. FACTS \ 1. In March of 1983, the Village of North *Tarrytown conducted their mayoral elections. The Republican mayor, Philip E. Zegarelli, was re-elected but the political composition of trie Village Board of Trustees changed. s •' t "' I C- There are now five Democrat !;*'' \i !•.: *\i&ti,£* -%- �RE: In the Matter of the Application of PHILIP E. ZEGARELLI V. MACEYAK et al INDEX NO. 7602/83 PAGE 2 trustees who constitute a majority on the Village Board. i After the election, the new Board of Trustees held* • % an organizational meeting on April 4, .1983. At this. meeting''.; * . % • .*• the Mayor proposed the redesignation of Robert Ponzini as Village Attorney and of John Tucciarone as Village Prosecutor. • Neither attorney had been removed or resigned from his position.!' The new Village Board declined to designate either Mr. Ponzini or Mr. Tucciarone. They then resolved to abolish the position of Village Attorney and to contract counsel for "all future legal services to be performed on behalf of the Village of North Tarrytown...". Subsequent to the Board of Trustees resolution the • *• i • *_ * * Mayor instituted this Article 78 proceeding seeking to keep the previously appointed Village Attorney and Village Prosecutor. The Court was advised that on July 7, 1983, -Mr* Tucciarone resigned as Village Prosecutor. This occurrence moots all issues with regard to the Village Prosecutor's position, * • • • • " » • * LAW A Mayor's right to appoint Village employees is clearly set forth in the New York Village Law S4-400(l)(c), whic provides it shall be the responsibility of the Mayor; M To appoint all department and non-elected officers and employees subject to the approval . ,, of the Board of Trustees, however, the Mayor �RE: In the Matter of the Application of PHILIP E. ZEGARELLI v. MACEYAK et a! INDEX NO. 7602/83 PAGE 3 may delegate the power to appoint certain employees to other village officers or employees... M . The legislature has left no ambiquity as to their intention to vest in the mayor the power of appointment. The Board of Trustees extent of involvement in. the appointment ;process is restricted to approval (or disapproval) of the appointee.^ and nothing beyond that. % *. ' * :_ .-.'-.V The powers of the Board of Trustees are 'defined '/n^ }\% Village Law §4-412'and in no way indicate any authority to appoint j ^-j i>* or remove Village employees. By contrast, there is an express,^,. . grant of power to the mayor to appoint and an implied power to.', V;: remove any appointee. These powers were further enunciated in the 1974 Attorney General Informal Opinion 204, which concluded: " "The appointment of a village attorney is a ... - •;•.,. mayor's appointment, subject only to approval i" by the board of trustees, but the village mayor alone has the power to remove the village • •' . • attorney and this power is not subject to consent or approval by the board of trustees." ..,',.... • •• In the event that the mayor's appointee, who is an in^ cumbent, does not receive board approval for reappointment, as in j the instant case1/ the incumbent will continue in office. This* m position was confirmed by a recent Attorney General decision which f^^H^*'" !,^** l1 l«W >• i �RE: In the Matter of the Application of PHILIP E. ZEGARELLI v. MACEYAK et al ,". INDEX NO. 7602/83 PAGE 4 ... • * • involved similar circumstances where the Board of Trustees failed to confirm the appointment of the mayor. In this case the Attorney General found that an incumbent will "hold over and continue to-discharge his duties until.his successor has been chosen and qualified (Public Officers Law, §5).° (1983 Atty. Gen. Inf. Opns. 31.) It is the opinion of this Court- that the. Village' Attorney of North Tarrytown should be "held over" in his present position until a successor acceptable to the Mayor and the Board of Trustees is duly appointed. We must now address the issue of the propriety of theI Village Board of Trustees resolution abolishing the office of I the Village Attorney and contracting counsel for legal services! needed by the Board of Trustees. • Village Law §4-412(1) outlines the general powers of, • the Board of Trustees. • • ' ; . • • ' . . ' • • • . . ' . * In this section, tjie Board of Trustees.,, are given the right to "create or abolish by resolution offices., In addition to the express grant of authority by the legislature to abolish offices, there is case law to support that premise,'. Meaney v. City of New Rocheller 395 N.Y.S. 2d 209 (1977); Switzer v. Sanitary District No. 7, 73 A.D. 2d 617 (1979); Matt of Hiatt v. Bahoe, 59 A.D. 2d 652 U977). £f the'action to. abolish a job is done in good faith, the public employer has unchallenged authority to do so. Absent evidence of an. improper % �/£/ RE: In the Matter of the Application of PHILIP E. ZEGARELLI V. MACEYAK et al INDEX NO. 7602/83 PAGE 5 motive or result, there is no judicial or administrative review of any abolition of a job. In 1977 .the .Appellate ,. ,'•. Division Court stated: "Where the act of a municipality in abolishing a position is accomplished . » '*m ; in good faith and is not designed to KM \ cloak an illegal purpose or produce an • * ••* • § ",•*• • .i illegal result, it will not be judicially * disturbed. Matter of Buffalo PBA, 56 A.D. 2d 732, app. denied, 42 N.Y. 2d 802 (1977).w "Good faith" justification for job abolition is defined as economy and efficiency. Matter of Aldazabel, 58 A.D. 2d 120 (1977); Matter of Wipfler v. Kelbes, 284 N.Y. 248 (1940); Matter • •, • — — — — , of Westchester County CSEA v. Cimino, 58 AID. 2d 869, 396 N.Y.S. 2d 692, aff'd. 44 N.Y.. 2d 985; Matter of Devin v. Saver, 233 N.Y. 690 (1922); Vasquez v.' Water ford, 72 A.D. 883 (3rd Dept. 1979), neither of which guidelines have been shown by respondents. i To determine whether the motive, of the Village Board I •t 1 of Trustees was in good faith, we must examine the resolution; Neither the official minutes of the Board meeting nor the reso- ; lu^ion itself, reveal any concern for economic or efficiencyrelated problems as a basis for abolition. The primary motivate for the resolution is stated in the language of this part of the! * . ! • . ; resolution: : ,* : • „. • '.. • • ' ," * .-'• -'}'-:;'.'\ .t • '„• "•• . • • . .Asrste^.**-* :<*"*»' • # •. • » • * . . I 1 n.. 1 �RE: In the Matter of the Application of PHILIP E. ZEGARELLI v. MACEYAK et al INDEX NO, 7602/83 PAGE 6 "WHEREAS, a dispute has arisen as to the* . * role of the Board of Trustees in selecting the attorney who will perform legal services on behalf of the Village of North ' Tarrytown and who will act as Counsel to the Board of Trustees of the Village of North ^Tarrytown; WHEREAS, an impasse has been reached in the process of retaining an attorney to perform legal services on behalf of the Village of North Tarrytowh and to act as Counsel to the Board of Trustees of the Village*of North Tarrytown; and" (Official Minutes of Village Board of Trustees, April 4, 1983). Further erosion of the good faith motive is uncovered when the Board resolves not only to abolish the office of i Village Attorney but simultaneously resolves*to contract for legal services needed thereafter. Indeed, Trustee Lobato states in the second paragraph of his affidavit that;"(t)his is essen; • * .. • tially a political. dispute." Trustee Lobato* also states in para " ' • • * " . * • ' graph 8 of his affidavit that it was his intention and his co- , trustees intention "to explore whether to improve the efficiency of Village government by creating the Office of Village Corporat �RE: In the Matter of the Application of PHILIP E. ZEGARELLI V. MACEYAK et al INDEX NO. 7602/83 PAGE 7 Counsel, consolidating Village legal offices...". added). (Emphasis ; But this is only an expressed intention to explore,• by one trustee, the possibility of consolidation which provides no basis in fa'cjt. to find a "good faith" reason to sanction this abolition particularly in the absence of any mention on If the official record of economic efficiency concerns. It is the opinion of this Court that the primary • *. i • .* . motive for abolition of the office, of the. Village Attorney was' not for proper legally recognized good faith reasons. CONCLUSION -. ., .- \ . The abolition by the respondent. Board of Trustees, t >U ro.fl was primarily motivated by political concerns and, therefore, taken in bad faith under law and cannot stand. that abolished the position is vacated. The resolution n The incumbent Village Attorney shall maintain his present duties until an agreed upon successor is chosen by the Mayor and approved; by the Board of • • Trustees. ! < i H / ill 'PU Petitioner's motion is granted.with respect to the Village Attorney and his actions are deemed to be cloaked with; .' the full power of the office. hi mi- Iw.i, Respondents cross-motion -its .deilie'd and dismissed. ll Dated: August 30, 1983 *$'* ' ..' ; Y, jts.C. pTS. '• ' I ' •<i • �RE: TO: In the Matter of the Application of PHILIP E. ZEGARELLI V. MACEYAK et al INDEX NO. 7602/83 PAGE 8 ... . *. .. ANDERSON, RUSSELL, ILL & OLICK, P.C., Attorneys for Petitioners 666 Third Avenue New York, New York 10017 BELKIN, NATALE & OXMAN, ESQS. Attorneys for Respondents, Maceyak, Buomanno, McBridge, Lofaro & Lobato 1523 Central Park Avenue Yonkers, New York 10710 WALSH, MARONEY AND PONZINI, ESQS. ' Attorneys for Robert J. Ponzini 14 North Broadway Tarry town. New York 10591 % \- �/*S TELEPHONE RICHARD J. SPOTA Chief of Police k4) 6?1-0800 polite department Wage of ^ottlj tlarrptoton, & g. 10591 POLICE REPORT AUGUST 1983 Total Number Charged by Police: 1. Summoned* . . ., 2. Arrested ............... 880 245 Total 1125 Persons Charged with Crimes or Violations: 1. V&T Moving V i o l a t i o n s 154 2. V&T Non-Moving V i o l a t i o n s ....... 7 3. P e t i t Larceny . . . . . . . . . . . . . . . . . . . . . . . 2 4. 11 5. Operating w i t h a Suspended or Revoked License 12 6. Possession of a Controlled Substance 7 t h . 7. Possession of a Hypodermic I n s t u r m e n t . . . . . . . . . . . . . . 4 8. Scoff law ..••••...•' . ... 7 9. Disorderly Conduct. , D.W.I .10 0. Unlawful Possession of M a r i j u a n a . . . . , 8 1. V i l l a g e Ord. - No Taxi Driver Permit, 2 2. Trespass , 2 3. V i l l a g e Ord. - Open Container , 5 4. 6 5. R e s i s t i n g A r r e s t ; . 6. Obstructing Governmental A d m i n i s t r a t i o n . . . . . . . . . 3 7. Harassment 2 8. Damage t o V i l l a g e Property - V i l l a g e O r d . . . . . . . 1 9. Leaving the Scene of a Personal Injury Accident, 2 0. 1. Possession of a Deadly Weapon 1 2. Robbery 3rd. 1 3. Criminal Possession of Stolen Property 3rd..... Criminal Sale of a Controlled Substance 3rd... 14 1 4. Aggrivated Harassment, Criminal Possession of a Controlled Substance 3rd. 8 1 1 I 245 Total i ^' *wSEi V*^t5" : '-*•'?", �& a TELEPHONE (914) frfl-0800 RICHARD J. SPO, C***/ of Pol«, polite department Vfllage of ^ortlj Sfarrptotan, JL g . 10591 Parking Violations: 1, Metered Parking.. 2. Other Parking Violations •••• • .". • •... 224 656 Total Investigations of Investigations of Investigations of Aiding of Injured Reported Felonies Other Complaints... Auto Accidents at Accidents ............. Police Aid to Sick Persons. Ambulance Requests Responding to Alarms Escorts Arrests on Warrents • Missing Persons. D.O.A . Checking 43 Dark Houses.. Assistance Other Than Above » . . .. 5 346 . 23 5 ...••......• / 880 Total 379 47 34 24 9 8 3 1 653 321 .... . .• • Total Respectfully submitted. C-^t^^O/ Richard „J. ^ppata Chief of Polfce / / 1100 �BOND RESOLUTION, DATED SEPTEMBER 19, 1983, AUTHORIZING THE ISSUANCE OF $185,000 SERIAL BONDS OF THE VILLAGE OF NORTH TARRYTOWN, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE ACQUISITION OF A FIRE APPARATUS/FOR THE VILLAGE AND APPROPRIATING THE PROCEEDS TO 'SUCH PURPOSE. ^ BE IT RESOLVED.by the Board of Trustees of the Village of North Tarrytown, New York as follows: Section 1. The Board of Trustees shall issue its t* Serial Bonds of the aggregate principal amount of $185,000 pursuant to the Local Finance Law of New York, in order to finance the specific object or purpose hereinafter described-. m Section 2. The specific object or purpose (hereinafter referred to as "purpose") to be financed by the issuance of said bonds is the acquisition of a fire truck us'"?"*/ for use by the Village- The proceeds are hereby appropriated to such purpose. Section 3. The Board of Trustees has ascertained and hereby states that .(a) the estimated maximum cost of the fire trucMis $185,000; (b) no money has heretofore been authorized to be applied to the payment of the cost X\\ of the purpose; (c) the Board of Trustees plans to finance Ei J |! J r t^m^v»«ayf me* ?• ^* *+,, v.*- •*—» **w\-»fyyrTi»«V*«« • i • I' fi - i ./• ,/ • • '- .-.* i �"TT" ft I: >4\p !,, TELEPHONE !'' '• * ' (914) frf 1-0800 RICHARD j. Chief of Pdn police department Vfltege of J^ortfjflfarrptoton,J*, g*. 10591 ? i«;- -SI I1, Parking Violations: 1. Metered Parking 2. Other Parking Violations..... ............... 224 '. 656 Total Investigations of Investigations of Investigations of Aiding of Injured Reported Felonies Other Complaints Auto Accidents at Accidents . •• 5 ................ 346 ....•••. 23 ... 5 Total '.'' ji Police Aid to Sick Persons..... Ambulance Requests Responding to Alarms Escorts . Arrests on Warrents • Missing Persons. D.O.A Checking 43 Dark Houses . Assistance Other Than Above . Respectfully submitted. <^C^L^y^//^ Richard _J. ^3ppt:a Chief of Police 1r» 379 47 34 24 9 8 3 1 653 321 Total 'i 880 1100 �. — . . ,A... ij.n.-t i, J,,, il J. it«.m>i l.-g. 0> BOND RESOLUTION, DATED SEPTEMBER 19, 1983, AUTHORIZING THE ISSUANCE OF $185,000 SERIAL BONDS OF THE VILLAGE OF NORTH TARRYTOWN, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE ACQUISITION OF A FIRE APPARATUS/FOR THE VILLAGE AND APPROPRIATING THE PROCEEDS TO'SUCH PURPOSE. ^. !/ BE IT RESOLVED.by the Board of Trustees of the i/i' Village of North Tarrytown, New York as follows: -1 Section 1. The Board of Trustees shall issue its Serial Bonds of the aggregate principal amount of $185,000 \'i\ pursuant to the Local Finance Law of New York, in order to .finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (herein- <,* 5 ' after referred to as "purpose") to be financed by the issuance of said bonds is the acquisition of a fire truck us'*?"*/ for use by the Village. The proceeds are hereby appropriated to such purpose. Section 3. The Board of Trustees has ascertained and hereby states that .(a) the estimated maximum cost of .8'. i.i the fire truckAis $185,000? (b) no money has heretofore been authorized to be applied to the payment of the cost of the purpose; (c) the Board of Trustees plans to finance :' ' i ritv+vrrr**" r**- ./•• * •* •—^'^ *<*•* t , * -|*«<^»S>1(V4K f< �the purpose entirely from funds raised by the issuance of obligations herein authorized. Section 4. It is hereby determined that the purpose is an object or purpose described in Subdivision 27 of Paragraph a of Section 11.00 of said Local Finance Law and that the period of probable usefulness of the purpose is five years. fi -\ Section 5. Subject to the terms and conditions of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 to 60.00, inclusive of said Law, the power to,authorize bond anticipation notes in anticipation of the issuance of the Serial Bonds authorized by this resolution and the renewal of said notes and the power to prescribe the terms, form and contents of said Serial Bonds and said Bond Anticipation Notes, and the power to sell I and deliver said Serial Bonds and any Bond Anticipation Notes ( issued in anticipation of the issuance of such bonds is hereby delegated to the Village Treasurer of said Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any Bond Anticipation Notes issued in anticipation of the issuance of said Serial Bonds, and the Village Clerk is hereby authorized �to affix the corporate seal of said Village to any of said Serial Bonds or any Bond Anticipation Notes and to attest such seal. Each interest coupon representing interest pay- able on such Serial Bonds shall be authenticated by the facsimile signature of the Village Treasurer. Section 6. This resolution shall be published in full by the Village Clerk of said Village, together with a notice in substantially the form prescribed by Section 81.00 of* said Local Finance Law, and such publication shall be in The Daily News, a newspaper having a general circulation in said Village. The validity of said Serial Bonds or of any Bond Anticipation Notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution of New York. ... �Section-7. This resolution shall be effective immediately upon its adoption. Trustee motion was adopted. Timmings and Lobato Maceyak seconded the motion and the Trustees Maceyak, Buoanno, McBride, Lofa voting -for the affirmative, and no one voting against it. � 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_1983-09-19 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