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NORTH TARRYTOWN, N.Y.
October 24, 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
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings,
Trustees
Robert J. Ponzini, Counsel

Absent

Stephen Maceyak
Emmanuel Lobato,
Trustees
Mayor Zegarelli called the meeting to order at 8:00 P.M. with
a prayer and salute to the flag. A moment of silence was held in
memory of the Marines killed in Beirut.
Mayor Zegarelli called for bids for the furnishing and installation
of catch basins, sidewalks, etc.
Treasurer Amato opened the following bid:
V

J. C. Perri, Tarrytown, N.Y.
(Check in the amount of $2,000 enclosed)

$94,450.00

Mayor Zegarelli moved that the bid be referred to the public
works committee and Village Counsel for review and recommendation,
seconded by Trustee Buonanno.
Trustee Timmings amended the motion that we have a special meeting
to discuss and possibly award the bid, seconded by Trustee Buonanno.
Carried.
A special meeting was called for after the regular meeting, motion
carried on the amendment and main motion.
Mayor Zegarelli asked if there was anyone present who would like
to address the Board may do so.
Mr. Robert Carpenter, 106 Pocantico Street, speaking for himself
and tenants in their building, complained about the Aruj Service Station
adjacent to their building. He stated that Mr. Aruj dumped 100 tires
which is breeding rodents, insects, etc., as well as steam cleaning
right under his bedroom window. A letter signed by himself and the
tenants was sent to the building inspector listing many violations of
the zoning, health conditions. He stated that the condition is a fire
and health hazard and is requesting the board to do something about the
situation.
Mr. Carpenter stated that the then building inspector, Victor Page,
called the Exxon Company and they were supposed to do something the

�! II-

-2following week, but nothing was done.

'Mi

; 4

II'
!

•

'iWl

When Mr. Page left and Mr. Checchi took over, said Mr. Carpenter
Mr. Checchi sent him a response that the tires would be taken care of
Most of them were taken care of, however, Mr. Aruj left a single tirj
in the middle of the yard which he said is a sign of harrassment.
Mr. Checchi also informed him that Mr. Aruj is in a ligitimate busing
Trustee McBride suggested that summonses be issued to Mr. Aruj.
Counsel Ponzini informed the Board that once a summons is issued!
there is a time frame, otherwise it will be dismissed.
The matter was referred to John Biros, Acting Building Inspector]
Trustee Timmings suggested that Mr. Biros notify Mr. Carpenter,
as well as the Board, as to the developments.
REPORTS OF COMMITTEES
PUBLIC WORKS

IV.

In the absence of Trustee Maceyak, Trustee Buonanno gave the
following report:
During the week of October 11 - 14th, N.Y.City Water Dept. shut
down the Catskill Aqueduct down stream of Kensico for inspection and
repairs. It was necessary for us to take all of our requirements froij
the Croton system during this period.
h -

The semi-annual inspection and flushing of fire hydrants continuj
this week.
'i'-:

Bank balance as of October 24th is $20,317.
The deteriorated sidewalks on Beekman Avenue and Hudson Terrace
have been replaced.
Loose leaves are being removed with two of our vacuums and to dat
we are keeping up with the leaf fall.
A discussion was held regarding garbage pickups for November 8th,
Election Day and November 11th, Veterans Day.
Mayor Zegarelli stated that holding over the one holiday would mea
that there would be no bulk pickup for two weeks. This created a prob1
in the past.
Mr. Biros stated that if two holidays are held in one week, one
section of the Village would not receive a pickup.

Following a discussion, Trustee Lofaro moved, seconded by Trusteej
Timmings that the public works department celebrate the November 11th
holiday on November 14th and that the offices of Village Clerk, Treasuj
Court Clerk, Recreation and Water Departments celebrate the holidays oj
November 8th and November 11th.
Carried.

&lt;• 4j M

�/ / •

'?

-3In accordance with Civil Service procedure, Trustee Buonanno
moved, seconded by Trustee Timmings that Angela Everett be terminated
as Int. Account Clerk-Typist effective immediately.
Carried.
Trustee Buonanno moved, seconded by Trustee Timmings that Angela
Everett be re-appointed, on provisional basis, as Int. Account ClerkTypist, effective immediately, and to continue at her present salary.
Carried.
POLICE &amp; LIGHT
Trustee McBride stated that an agreement has been received between
the County of Westchester and the Village for reimbursement by the County
for the transporting of prisoners to and from the County Department of
Correction and so moved that the Mayor be authorized to sign same, at
$35.00 per transport, seconded by Trustee Buonanno.
Carried,
Trustee McBride stated that a road block was set for the second
time on Route 9, from 1 0 - 5 A.M. during which 1,000 vehicles were
checked and five arrests were made.
J

Trustee Brophy moved, seconded by Trustee Timmings that Lt. Brophy
be granted permission to attend the Smith &amp; Wesson Auto II Pistol course
in Massachusetts from January 16-20, 1984 at a cost of $450.
Carried.
Trustee McBride stated that candidates were interviewed for patrolman and upon recommendation of the committee, moved that Donald Pellegrinoj
be appointed Patrolman, subject to twelve weeks probationary period, at
\j
a salary of $17,135 per annum, effective October 31, 1983, seconded by
j|
Trustee Buonanno.
Carried.

IF

it

This is a replacement for Ptl. Reddy.
FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a balance of $10,753.18 in the General
Fund as of October 24, 1983.
Trustee Buonanno stated that at a recent work session of the Board,
a discussion was held regarding the Daily News building and moved that
the following resolution be adopted, seconded by Trustee Lofaro:
RESOLVED: That the Real Property Tax Petitions now pending in
Westchester County Supreme Court for the tax years 1979, 1980, 1981, 1982
on behalf of College Avenue and Algo Two-Two Four Realty be settled by
the Village of North Tarrytown pursuant to the terms and conditions of
the memo of Village Counsel dated October 20, 1983 and further be it
resolved that the Mayor, and/or Village Attorney be authorized to execute
a stipulation for filing in Westchester County Supreme Court in
settlement of these four (4) separate petitions. Carried.
TAX EXEMPT PROPERTY
Trustee Timmings reported "progress".

151

,1'

�-4LABOR RELATIONS

In the absence of Trustee Lobato, Trustee McBride reported that
next negotiation session with I.B.Teamsters Union for a contract with
the blue collar workers will be held on October 25th at Union Hall in
Elmsford.

A five minute recess was called after which Mayor Zegarelli stati
that an item/would be coming before the Board concerning binding
arbitration, was discussed. There was a time restriction to fill the
three-man panel Board.
The Board asked, and Trustee Timmings consent!
to be as the designated PERB member on behalf of the Village. The sect
person will be selected by the Police Bargaining Committee and the thii
will be selected through a list supplied by PERB and by the PBA and thi
Village together.

Trustee Buonanno moved to confirm Trustee Timmings as the Board1;
selection on the Board, seconded by Trustee Lofaro.
Mayor Zegarelli polled the Board as follows:
Trustee Buonanno
"
McBride
Motion caizfrired.

- Yes
- Yes

Trustee Lofaro
- Yes
"
Timmings - Abstained.
0

79 COLLEGE AVE.

Trustee Timmings moved, seconded by Trustee Lofaro that a meetin
'be held by the Board of Directors of the N.T. Development Fund after t
regular Board meeting.
RECREATION-SENIOR CITIZENS
Trustee Buonanno stated that a Halloween Party will be held by
the Senior Citizens on October 31st.
ADMINISTRATION
Trustee Buonanno reported "Progress".
FIRE
Trustee Lofaro read a letter from the Sec'y. of Fire Council,
Gordon Ferguson, that the suspension of John Convery was extended to
October 28th for conduct bringing discredit upon the fire department.
Trustee Lofaro moved to confirm the action of Fire Council,
seconded by Trustee Buonanno.
Carried.

Trustee Lofaro stated that Union Hose Company was taking its
apparatus and the Fire Chief's car to So. Amboy on Thursday morning
and moved to confirm the action, seconded by Trustee Buonanno. Carried
MAYOR'S REPORT

Mayor Zegarelli stated that we are in receipt of a Notice of
Appeal by Emmanuel Lobato to the Appellate Court of the Second Departn
The Notice was served last Friday, he said.

�/ / /

-5Trustee Lobato is appealing the decision of the court regarding his
role in the case regarding the appointive powers of the Mayor as decided
in
article 78 preceding ruled by Justice Delaney.
Mayor Zegarelli stated that Mr. Lobato is the petitioner and he
will be requesting Counsel to defend his position.
Trustee McBride stated that he is not a party to this. Whatever
is being done, he said, he is doing it.
Trustee Buonanno stated that he is not a party to that also.
Mayor Zegarelli stated that it was unfortunate that this will
cost the Village more money.
He stated that he finds it disappointing
that Mr. Lobato did not have the courtesy to mention this at a work
session.Thursday evening. Some of these appointments could be settled,
said the Mayor. He (Mr. Lobato) is doing this on his own and not
entitled to protection of monies for the expenditure of this case. His
actions are done at his own expense, said the Mayor.
Mayor Zegarelli stated that he received a certified letter from
the N.Y. Power Authority regarding another increase in delivery charges
for State power.
Mayor Zegarelli stated that he is in receipt of a letter from
Dr. MacNaughton resigning as North Tarrytown's representative on the
Town of Mt. Pleasant Senior Citizens Council. He stated that he will
ask the commission to select someone from their group to represent North
Tarry town.»
Mayor Zegarelli sjtated that we are in receipt of a notice from the J
Department of Conservation that Sleepy Hollow Restorations will be dredging.
material from the bottom of the Pocantico River at Philipsburg Manor and
have met. the requirements.
Mayor Zegarelli stated that a letter has been received from
OSHA that our request for funding for the new Public Works building has
been denied because of lack of funds. Mr. Biros was instructed to
re-apply for a lesser amount.
The contract with the County of Westchester for snow removal
on State roads has been received, said the Mayor. Counsel reviewed the
agreement and it was found in order.
Trustee Buonanno moved, seconded by Trustee Timmings that the
Mayor be authorized to sign the contract with the County of Westchester
for snow removal on State roads for the 1983-84 winter season. Carried.
Mayor Zegarelli stated that a letter was received from Posner and
Posner, representing Antonio Rodrigues who was given a building permit
to build an apartment over a garage at 83 Pocantico Street, which was
later revoked. They have indicated in their letter that unless the stop
order is revoked, they will commence suit in Supreme Court.
Mayor Zegarelli stated that Counsel Ponzini has answered the
letter.
Trustee Buonanno moved, seconded by Trustee Lofaro to confirm
action of Counsel.
Carried.

�y
-6Mayor Zegarelli stated that a letter was received from Richard
Gordon, Commissioner, Division of Criminal Justice Services, that Norti
Tarrytown's application for funding under the Neighborhood Preservatioi
Crime Prevention Act was not selected for funding this year. North
Tarrytown will be placed on the mailing list if the legislature passes
a similar bill.
COMMUNICATIONS
Communication from Antonio Benitez of Chestnut Street, requesting
permission to hold a dance at the Strand Roller Skating Center on
October 28th was read.
Mr. Benitez, present at the meeting, stated that it would be a
private party to raise funds for skates.
Mayor Zegarelli stated that the Board is concerned that it would
be properly monitored.

Following a discussion, Trustee Buonanno moved, seconded by
Trustee Lofaro that permission be granted providing that Det. Ferguson
(Youth Officer) is contacted for proper security in monitoring the part
Carried.
Communication from David Gasperik, Birbrower Films, requesting
permission to use parking spaces in front of 94 Beekman Avenue (Cheng
Market) to film TV commercial was read.
Trustee Buonanno moved, seconded by Trustee Timmings that permis:
be granted and that the Chief of Police be notified of same. Carried.
Communication from Carol Tori, Adviser, National Honor Society,
SHHS, requesting permission to hold the Bike-a-thon on November 12th,
instead of November 5th was read.
Trustee Lofaro moved, seconded by Trustee Timmings that permission
be granted and that the Chief of Police be notified of same. Carried.
(Permission was granted at the last meeting.)

|

Communication from Gerald Bregman, 32-34 Beekman Avenue, requestii
sidewalk repairs was read and referred to the public works committee.
Communication from Doreen Quinley, 44 Clinton St., requesting
sidewalk repairs was read and referred to the public works committee.
Communication from Raoul Leveille, 44 Kendall Avenue, requesting
sidewalk repairs was read and referred to the public works committee.

Communication from John Lofaro, 29 Pine Close, requesting one sid
parking on Pine Close because of a fire hazard was read and referred to
the police committee and fire council.
Mayor Zegarelli noted a letter from County Executive O'Rourke
regarding the 300th Anniversary of the founding of the County of Westc
and that a special ceremony will be held in the County Office Building
on November 1st.

�/6

-7Mayor Zegarelli noted a letter from Thomas Green, Public
Information Committee, that the new Hudson Valley Unit of the American
Cancer Society's Westchester Division is participating in the "Great
American Smokeout" on November 17th and that every Village proclaim that
day as "Smokeout Day" was read.
Trustee Timmings so moved, seconded by Trustee Lofaro that
November 17th be proclaimed "Smokeout Day".
Carried.
UNFINISHED BUSINESS
Trustee Timmings stated that a meeting was held by the Technical
Service Review Board with the Chief of Police who .invited the three
detectives to discuss space requirements. The water office and recreation
offices were inspected, said Trustee Timmings. The next meeting will be
held on November 5th with Mr. Biros, he said.
Trustee McBride stated that he did not think Board members should
attend the meetings. He stated that the mere presence of Board members
might restrict the members to have conversations with the people involved.
Trustee Timmings stated that some of the department heads have
seen fit to write directly to the Technical Service Review Board. The
Board wants to render a report based on technical merit, he said. They
do not want to become involved politically.
Trustee McBride stated that he does not want to attend the meetings.
Trustee Lofaro stated that the Town was contemplating on moving
the second election district for the forthcoming November election. He
stated that people would like to keep it in the same area.
Trustee Lofaro moved, seconded by Trustee Buonanno that the
Village Board oppose such a move and that the second election district
remain in the same polling area.
Motion carried while .Trustee Timmings
voted "No".
NEW BUSINESS
Trustee Timmings stated that the Chamber of Commerce has designated
Dr. Edward Zegarelli, "Man-of-the-Year" and moved that the necessary
proclamation document be prepared for presentation to him, seconded by
Trustee Lofaro.
Carried.
Counsel Ponzini stated that for some unknown reason, a senior
citizen was not given her tax exemption on the 1983 assessment roll.
She complied with all of the requirements
Trustee Timmings moved, seconded by Trustee Lofaro that the 1983
Assessment Roll be amended to reflect the exemption of $2100 on property
known and designated on Village Tax Assessment Map as Section 17, Block 7,
Lots 18-19, and that the amount of $156.00 be reimbursed to Mrs. Ann
DeCarlo.
Carried.

�;ij'

H

-8Trustee Buonanno moved, seconded by Trustee Timmings that the
bills submitted on the General Fund and Water &amp; Sewer warrants dated
October 24, 1983 be paid after approval by department heads and that t!
Treasurer be authorized to pay same and that a copy of this resolution
be attached to the warrants.
Carried.

!l

Trustee Buonanno moved, seconded by Trustee Lofaro that the
meeting be adjourned.
Carried.
The Board held a special meeting to discuss the bid received this
evening for catch basins, sidewalks, etc.
A short discussion was held after which Trustee Buonanno moved,
seconded by Trustee Lofaro that the bid be awarded to J. C. Perri in
the amount of $94,450.00 and that the Mayor be authorized to sign the
contract after approval of Counsel.
Carried.
No further business to come before the meeting, Trustee Buonanno
moved, seconded by Trustee Lofaro that the meeting be adjourned. Carrie
lh

Respectfully submitted,
Is p

Filomena Fallacaro
Clerk

4

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