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NORTH TARRYTOWN, N.Y.
November 13, 1984
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
James J. Timmings,
Vincent Buonanno
William McBride
Frank Mangieri, Jr.
Susan Galgano
Steven Salman,
Trustees
Arthur Brady (for Counsel Ponzini)

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Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Trustee Timmings moved, seconded by Trustee Buonanno that the
minutes of the meeting held on October 22, 1984 be approved as written,
Carried.
Mayor Zegarelli asked if there was anyone present who would like
to address the Board may do so at this time. No one appearing before
the Board, the regular order of business resumed.

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REPORTS OF COMMITTEES
ADMINISTRATION
Trustee McBride stated that we are in re oeipt of a letter from
Royal Insurance Company submitting recommendations to be followed to
cut down on accidents and injuries. The company is suggesting a safety
program. It has also recommended improvements in the old garage and
shooting range, he said. Trustee McBride stated that the committee will
pursue the matter.

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In connection with the forthcoming Village Election, Trustee McBride
moved, seconded by Trustee Timmings that the following resolution be
adopted:
WHEREAS the next general Village election for officers will be held
on March 19, 1985j and
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WHEREAS the Board of Trustees must designate by resolution and
publish the offices which are to be filled in such election and the terms
thereof, now, therefore, be it resolved;
Section 1. That the Board of Trustees designates the following
offices as vacant at the end of the current official year, to be filled
at the Village Election to be held on March 19, 1985 for the following
terms:

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-2• One Mayor - Two years
Three Trustees - Two years each; One Trustee - One year.
One Village Justice - Four years.
Section 2. The Village Clerk is hereby directed to publish the
resolution in full in the Daily News, a newspaper of general circulati
within the Village.
Section 3. This resolution shall take effect immediately. Carried,
Trustee McBride moved, seconded by Trustee Timmings that an
insurance broker be requested to make a survey of our fleet coverage
not to exceed $400.
Carried.
Trustee McBride offered the following resolution, seconded by
Trustee Timmings:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late Robert E, Wright, and
WHEREAS the said Robert E. Wright was the former Assessor 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
Robert E. Wright's death, and be it further

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RESOLVED that this resolution be made a part of the official
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minutes of this meeting and a copy sent to the .family of the deceased.!
Carried.
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GOVERNMENTAL RELATIONS
Trustee Mangieri stated that the committee met with the Village
Attorney to discuss tax abatements for commercial development. He
stated that more time is necessary to develop a more detailed plan.
The matter will be discussed in a work session.
Trustee Mangieri stated that he received a draft of the local law
for administrator/manager.
The matter was referred to the Board to be discussed in a work
session.
MANAGEMENT &amp; BUDGET

Trustee Timmings reported that he is in receipt of the Treasurer'
financial statement for September. He stated that the overall revenue
collection is .4% over estimate through September. While some areas a
producing revenue faster than projected our concern must be areas that
revenue is behind estimate. Trouble areas are:

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-3• Real Estate Tax
26,150
*Building &amp; Fire Code Aid
8,000
State Aid Per Capita
3,717
Refund approp. Exp. prior years
905
*0n street parking meter fees
678
Public work services
386.
*Utilities gross receipt tax
373
Other compensation for losses
334
*Business &amp; Occupational Licenses
278
*Sale of refuse
140
*Minor sales
66
*Sale of equipment
50
Int. &amp; Penalty on property tax
36
Permits
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RESOLVED:
Trustee
Timmings moved that the following resolution be adopted,
seconded by Trustee Buonanno:
1. Any real property located in the Village of North Tarrytown shall
be exempt from taxation by the Village to the extent of fifty (50%) per
cent of the assessed valuation thereof, pursuant to Section 467 of the
Real Property Tax Law, provided that:
a. In the case of joint ownership of said real property, either the
husband or the wife must be sixty-five (65) years of age or over.

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b. The income of the owner or the combined income of all the owners j
of the property do es not exceed the sum of nine thousand ($9,000.00)
dollars for the twelve (12) consecutive months immediately preceding the ]
date of the application for exemption. Where title to the property is
vested in either the husband or the wife, their combined income may not
exceed such sum. Such income shall include Social Security and retirement .
benefits, interest, dividends, rental income, salary or earnings and income
from self-employment, but shall not include gifts or inheritances. In
connection with any application for exemption, applicant shall furnish the
Board of Assessors such evidence of the income or combined income as the
Board of Assessors may require.

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c. The title to the property shall have been vested in the owner or
all of the owners of the property for at least twenty-four (24) consecutive
months prior to the date of making application for exemption.
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d. The property is used exclusively for residential purposes.
e. The real property is the legal residence of and is occupied in
whole or in part by the owner or by all of the owners of said property.
2. Application of such exemption must be made by the owner, or all
of the owners of the property on forms to be furnished by the Board of
I;
Assessors of the Village.
Said application shall furnish all the
information and shall be executed in the manner required or described in
such forms, and shall be filed each year with the Board of Assessors not
later than December 31st.
This resolution shall apply only to Village real estate taxes for the
fiscal year commencing June 1st, 1985.
Carried.
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Trustee Timmings stated that his committee, together with the
Treasurer, will review the ADP computer system in Pleasantville for a
recommendation which will be submitted to the Board in January on the
subject.
Trustee Timmings moved, seconded by Trustee Buonanno that the bill
in the amount of $400 from Paul Kell, Arbitrator for the Teamsters hea
in White Plains be approved for payment.
This is the Village's share
he said.
Carried.

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Trustee Timmings stated that because of the shutdown of General
Motors plant.,the .waterdepartment has been having limited collections
and are in a^alh0Ssl?ton.
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Trustee Timmings moved, seconded by Trustee Buonanno that the
Treasurer be authorized to transfer the necessary funds to keep the wati
department going with the provision that the money be reimbursed to the
General Fund once General Motors starts up again, no later than the end
of this fiscal year. Carried.
Trustee Timmings reported the usual report from the Treasurer
of a cash balance and moved that action of the Treasurer in re-investing
c.d. notes be confirmed, seconded by Trustee Buonanno.
Carried.
PUBLIC SAFETY
Trustee Buonanno submitted the following police report for October
(In official minutes)

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Trustee Buonanno stated that he was personally served with four
grievances from the Police Bargaining Unit which were referred to Couns^
Ponzini who responded on behalf of the Village.
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The new police car is in and at the General Motors plant being
painted, free of charge.

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Mayor Zegarelli stated that he was served with four grievances
pertaining to the same four points in debate concerning the police
contract. From our records, it appears that these four grievances have
now gone into a new stage of arbitration and that Village Counsel shoul
review these to see what our next option is, said Mayor Zegarelli.

Trustee Timmings stated that the police department is playing
"dirty pool". When this impasse came up, we authorized Counsel to deal
with their attorney to establish a stipulation after which it was agree*
to give them back pay. When Counsel was preparing the stipulation, the
police proceeded to fire the attorney and hired another without notifyii
the Village.
He stated that he was disturbed by the lack of up-front
contact by the police department.
Trustee Buonanno stated that he wished the police would spend more
time doing police work.
They are grievance-oriented.
They are spend
endless and unnecessary hours on Village time pursuing grievances. Thi
is a never ending battle, he said.

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-5Trustee Buonanno stated that at the previous work session, the Board
asked the Village attorney to review and analyze what responsibilities
the Village has to its employees who serve on National Guard.
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Counsel Ponzini submitted the following report, said Trustee
Buonanno and moved that it be made part of the minutes, seconded by
Trustee Timmings:
Carried.

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(In detail official minutes)
Trustee Buonanno stated that the police made four arrests during
a narcotics investigation during the last few months. They are looking
for two more people, he said. This type of work warrants a "pat on the
back", he said.
Trustee Buonanno reported that Ptl. Lanzo completed the Pressure
Point Control Tactics Management Systems course and has been certified
as a qualified instructor.
He will be training members of the department
on November 27th and 28th.
He stated that he did not miss any time
before or after attending the session.

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Trustee Buonanno stated that the lighting system on the new police
car is inadequate.
He stated that he is in receipt of an estimate from
Pulsoni in the amount of $4833 for the lights and labor.

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Mayor Zegarelli stated that he would like to have all the numbers
reviewed.
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Following a discussion, Trustee Buonanno moved, seconded by Trustee
Timmings that the lights, etc. be purchased from Pulsoni provided that
the figures are rechecked.
Carried.
Trustee Buonanno moved, on recommendation of the committee, seconded
by Trustee McBride that Chief Kosilla, Fire Inspector, Part-time, be
paid retroactive to June 1, 1984.
Carried.

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Trustee Buonanno stated that the impound lot from a fire standpoint,
has become a hazard.
Oil trucks are finding difficulty in getting into
the yard to-deliver oil, he said, and the committee would like to solicit
ideas.
Mayor Zegarelli instructed John Biros to check into the property
near the pump house for use as an impound lot.

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Trustee Buonanno stated that the new fire apparatus has been
received.
Further details on the apparatus will be forthcoming.

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Trustee Timmings stated that the apparatus will have to pass the
Fire Underwriters testing program before it can be accepted by the
Village.
Trustee Timmings moved that the Treasurer refrain from borrowing
any money until the truck is fully accepted by the Village, seconded by
Trustee Salman.
Carried.

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-6Trustee Buonanno stated that during fires when damage is done, the
Chief will use his discretion to call in a local contractor to board up
the property. In a recent fire on Cortlandt Street, the Fire Chief ca!
in Mr. Monks to temporarily repair the roof at Shippy Realty Corp.
Following a discussion, Trustee Buonanno moved that Counsel notifj
the owner of record to pay the bill and if he refuses to do so, the
amount will become a lien on the property, seconded by Trustee TimmiTigs
Carried.
PUBLIC WORKS
Trustee Salman noted a letter from Counsel Ponzini to the attorney!
representing the highway department which indicates he is having diffic
in obtaining a response on wacatl^ffi days.
He still has not heard from
them, said Trustee Salman. If we do not hear from them, we will institi
our own series of holidays for the next calendar/ W££d Trustee Salmar
Trustee Salman moved, seconded by Trustee Timmings that the May;be authorized to sign the agreement with the County for a bus shelter
which will be located at the corner of Cortlandt Street and Beekman Avei
Carried.
Trustee Salman stated that sp.ecial instructions will be given to
drivers in the public works department which may be beneficial in reduc;
our injuries.
Trustee Salman gave the following report:
Repairing hydrants found defective during recent inspection and
flushing of hydrants.
Repaired hydrant on County House Road damaged by motorist. The
motorist has been billed for the cost of repairs.
Quarterly water meter readings have been completed and the billing
now in progress. Bills will be mailed out December 3, 1984.
The Catskill Aqueduct has been shut down Monday, November 12th to
permit&lt;=N.Y.City to make repairs to stop shutters at Kensico Dam. The
aqueduct is scheduled to be placed back in service on Friday night
November 16th. During this period, the entire Village will be receiving
Croton water.
Replaced defective sidewalk on Francis Street, both sides near
Andrews Lane.
Continuing in the leaf pickup program using three vacuums and the
snow loader.
Attention is called to the great number of vehicles parke
in the street in the Manors.
This makes it difficult to maneuver our
equipment and will be particularly bothersome in winter snow plowing.
An insertion will be placed in the water bills to have residents comply!
with the No Parking regulations, said Trustee Salman.
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Trees have been cut down on Depeyster Street and Tappan Avenue anc^
trimmed on College, Depeyster, Amos and Francis Street.
The cutting ij
done by Coffin Tree Service and the highway department removes the resid
These trees have been recommended for the foregoing action by the tree
committee.

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-7• Cortlandt Street has been resurfaced as well as the new parking lot
on Hudson Street, said Trustee Salman. This is a CHIPS project. The
new parking lot has been fenced and marked and may be ready for occupancy.
Applications for parking will be available at the Village Clerk's office
on November 19th for the 12 spaces on a first come, first served basis
made available to permit holders.
Requests may be made in writing or in
person. There have been some people who have requested spaces already,
but in order to be equitable, everyone should receive ,the notice of
availability at the same time. #(L ^ i W /^^^t

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Trustee Salman moved, seconded by Trustee Buonanno that a fee of
$15 per month or quarterly basis be charged, as is done on the Elm Street
parking lot, non-refundable.
Carried.
Trustee Salman stated that people will be allowed to park free
until January 1st when the system will be in effect.
Replaced brakes on Sanitation pickup truck as well as the linings.
Adjusted clutch on bucket truck and inspection.
Replaced discharge chute on Chevrolet vacuum.
Brockway.

Changed two tires on

Worked on Recreation Department lawnmowers and serviced the recreation
car, including brakes and tail pipe.
Replaced damaged gutter broom assembly on sweeper. Repaired and
adjusted rocker arms on water department truck #2.
The spreader and plow on Walters have had the controls separated and
made more positive. The repair was contracted to Karl Sterling Diesel
Repair.
RECREATION
Trustee Galgano reported that the Halloween Party, Army Football
Game and Pilgrim Run were very successful.
All regularly scheduled programs are in operation, said Trustee
Galgano.
Trustee Galgano stated that there are new regulations concerning
the Day Camp.
We comply with most of them, she said. We do not go
along with the Counselor regulations and camper to Counselor ratioj^.
Another meeting will be held with Mr. DeLucia to discuss the
rehabilitation of parks.
MAYOR'S REPORT
Mayor Zegarelli noted that this meeting is being held in the Court
room.
Mayor Zegarelli stated that he received a letter from the County
Department of Transportation regarding a meeting of the Transportation
Advisory Committee to be held in White Plains on December 3rd to review
the current status of the Federal-Aid Urban Systems Program and the
Transportation Improvement Program for the Mid-Hudson south area.

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-8Representatives from the N.Y.S. Dept. of Transportation will provide a
status report on the Rebuild New York Program, he said. He is asking
John Biros to attend the meeting.
Mayor Zegarelli stated that he signed an application for Youth Co
funds.
Trustee Timmings moved to confirm action of the Mayor for the fun
and the establishment of a Youth Court with Tarrytown, seconded by
Trustee Salman.
Carried.
Mayor Zegarelli stated that he received a letter from Lawrence
Salley, Division of Housing &amp; Development, Westchester County. He stat
that he issued a memo to Trustees for suggestions for potential project
for funds which we will receive from Urban County Program.
Mayor Zegarelli stated that he asked William Doorley to act as out
community liaison representative.
Trustee Timmings moved, seconded by Trustee Salman that action of
the Mayor be confirmed.
Carried.
Trustee Timmings moved that the Mayor be authorized to prepare a
proclamation for William Olson who has been named Man of the Year by
the Chamber of Commerce on November 19th, seconded by Trustee Buonanno.
Carried.
an answer to his
Mayor Zegarelli stated that he received / letter from John Bravas(
Area Manager, regarding the former Tom's Exxon station. Their current
plans call for the surplus of the site and the sale of the property, sa
the Mayor.
Mr. Bravaschi stated that they are in agreement to allow UJ!
to use the property for parking.
Trustee Buonanno moved, seconded by Trustee Galgano that the Board
enter into an agreement for short-term period for parking of official
vehicles or otherwise at the former Tom's Exxon station on North Broadwa
Carried.

Mayor Zegarelli stated that we are in receipt of a letter from the
N.Y.S. Conference of Mayors requesting that we write to our local legisl
urging them to repeal the Wick's law.
This law compels local governmen
to bid multiple contracts for public works contracts. It was the opinioj
of local officials that, given the choice of single or multiple bids, thj
taxpayers may benefit from lower contract prices for municipal capital
improvements.
Trustee Salman moved, seconded by Trustee Galgano that the Mayor
send a letter to our legislators urging the repeal of the Wick's law.
Carried.
COMMUNICATIONS
Communication from Kevin Reilly, 4 Webb Road, requesting the remo^
of a tree in front of his residents was read and referred to the public
works Committee and tree inspector.

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-9Communication from Richard Gross that John Cellante and himself
have been appointed new Chief Inspectors and is requesting that the
following people be added to the Fire Department Inspectors pending their
completion of the N.Y.S. Fire Inspectors Course: R. Henshaw, A. Apollonio,
F. Seminara, Jr. , M. Cellante and Vincent Chebetar was read.
Trustee Timmings moved, seconded by Trustee Buonanno that action
of Fire Inspectors be confirmed.
Carried.
Communication from Richard Gross, Sec'y. Rescue Hose Apparatus
Committee, advising the Board of equipment specified in the specifications
for the Rescue Hose apparatus was received at the Tyler Company and is
being mounted on the apparatus was read and filed.
Communication from John Ryan, Sec'y. Union Hose Company, requesting
a meeting with the Board to discuss conditions in their quarters was read
and referred to the administration committee.
UNFINISHED BUSINESS
Mayor Zegarelli stated that he was supposed to have a report from
hhm James McGough, member of the Technical Service Review Board, however,
he did not receive it this evening.
Mayor Zegarelli stated that members of the Review Board will be
asked to attend a work session on November 19th.
Trustee Buooarmo* moved, seconded by Trustee Timmings that Christmas
lights be turned on December 7, 1984, from 5 - 1 2 P.M., except that on
Christmas Eve and New Year's Eve, at which time the lights are to remain
illuminated all night. Carried.
Mayor Zegarelli moved that one meeting be held in December,
December 17th, the 110th Anniversary of the Village, seconded by Trustee
McBride.
Carried.
NEW BUSINESS
Trustee Timmings stated that at the last meeting of the Westchester
County Village Officials Association, the speaker talked on the subject
of preferential tax treatment on condos. He stated that we should study
this issue and see if we should petition the State legislature regarding
same.
Trustee Buonanno moved, seconded by
submitted on the General Fund and Water &amp;
1984 be paid after approval of department
authorized to pay same and that a copy of
the warrants.
Carried.

Trustee Timmings that the bills
Sewer warrants dated November 13,
heads and that the Treasurer be
this resolution be attached to

There being no further business to come before the meeting, Trustee
Timmings moved, seconded by Trustee Galgano that the same be duly adjourned
Carried.
Respectfully submitted,
Tilomena Fallacaro
Clerk

�VILLAGE OF NORTH TARRYTOWN
Internal Memorandum

TO:
FROM:

Mayor, Board of Trustees

DATE:

November 8, 1984

Robert J. Ponzini, Village Attorney

RE:

VILLAGE EMPLOYEES ON NATIONAL GUARD OR SERVICE DUTY

Question presented: Whether a Village is required to pay
the salary of a Village employee during the period of time
that Village employee reports for military duty or training
for the National Guard, and if so, what scale of pay?
Section 242 of the New York State Military Law, subdivision
5, provides as follows: "Every public officer or employee
shall be paid his salary or other compensation as such
public officer or employee for any and all periods of
absence while engaged in the performance of ordered
military duty and while going to and returning from such
duty, not exceeding a total of thirty days in any one
calendar year and not exceeding thirty days in any one
continuous period of such absence."
Section 242 of the New York State Military Law, Subdivision
1(b) states as follows: The term "ordered military duty"
as used in this section shall mean:
1.
Any military duty performed in the service of
this State or of the United States, including but not
limited to attendance at any service school or schools
conducted by the armed forces of the United States, by
a public officer or employee as a member of any force
of the organized militia or of any reserve force or
reserve component of the armed forces of the United
States, pursuant to orders issued by competent State .
or Federal authority, without the consent of such
public officer or employee.

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2.
Such duty, performed for a period or periods not
exceeding a total of thirty days in any one calendar
year, shall be deemed ordered military duty regardless
of whether such orders are or may be issued with the
consent of such public officer or employee and regardless of whether such period or periods constitute part
of a period or periods of military duty exceeding
thirty days in any calendar year.
Furthermore, it is the opinion of the state comptroller that a
Village employee on military leave must be paid his full salary,
not the difference between that and his pay for military service
(1966 Ops St Compt File No. 654). Additionally, the state
comptroller has opined that where employees improperly had been
paid the difference between a full salary and their military
reserve pay for up to thirty days, ordered military duty, a
municipality is liable for properly presented claims for the
amount of such difference if such claims are not barred by the
Statute of Limitations (1978 Op St Compt File No. 804).
However, it does appear that if this ordered military duty
exceeds the thirty day period", then the Village would only be
liable for the difference between civil and military pay (See
Williams v. Walsh, (1942), 289 NY 1).
CONCLUSION; A Village would be required to pay the full salary
of a Village employee for up to thirty days a year for time
spent on "ordered military duty" or while training for the
National Guard, and would further be required to pay the
difference between the military and civilian pay for any period
over 30 days in one year.

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TELEPHONE
(914) 631-0800

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police department
Village of ^ortti GTatrptoton, JL |*. 10591
POLICE REPORT

OCTOBER

1984

Total Number Charged by Polices
1 • Summoned
2* Arrested
.

.. .1367
• 87
Total

1454

Persons Charged with Crimes or Violations!
1 • V&amp;T Moving Violations.
••••
.......•••.. 46
2. V&amp;T Non-Moving Violations
2
3» Operating with a Suspended or Revoked License...
••... 5
4. D.W.I
11
5. Criminal Possession of a Controlled Substance 7th
1
6 • Grand Larceny 3rd
6
7 • Criminal Mischief
2
8 • Burglary 3rd
5
9* Harassment
•••• 2
10. Operating without Financial Security
1
11. Possession of Stolen Property 3rd
1
12. Attempted Burglary 2nd
1
13. Disorderly Conduct
1
Total
87
14. Assault 1st.
1
15• Dog Ordinance Violations
2

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RICHARD

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Cbitf of Folic*

police department
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ViBagt of Jiorft Qtarrptatmt, A g. 10591
Barking Violations!
1. Metered Parking,
2. Other Parking Violations

Investigations of
Investigations of
Investigations of
Aiding of Injured

523
.. 844

Reported Felonies
Other Complaints
Auto Accidents
at Accidents

Police Aid t o S i c k P e r s o n s
jtabulance R e q u e s t s
Responding t o Alarms
Escorts
•
Arrests o n W a r r a n t s • • • • •
Missing P e r s o n s
3.0 .A
Other Calls for Assistance

Total

1367

Total

18
308
43
• 2
371

•

•
.
•••
•
•
•
•

••••
Total

40
37
22
4
••••
2
3
1
384
493

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Respectfully submitted,

Richard J. Sper£a'
Chief of Police'

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