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                  <text>NORTH TARRYTOWN, N.Y.
November 12, 1985

M
in

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
Allen T. Williams
Steven Salman
frank Mangieri
Susan Galgano
Phillip E. Blecker,
Trustees
Arthur Brady, Counsel (for Counsel
Ponzini)

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.

il
me

Trustee Galgano moved, seconded by Trustee Mangieri that the
minutes of the meeting held on October 28, 1985 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.
REPORTS Of COMMITTEES
GOVERNMENTAL RELATIONS
Trustee Mangieri reported progress.

I

Mayor Zegarelli stated that one of the Administrator candidates
will be in town the weekend of November 22nd - 23rd and on behalf of
the Village, authorized payment for mileage.
lve

1,1

Trustee Galgano moved, seconded by Trustee Blecker to confirm
action of the Mayor.
Carried.
PUBLIC SAFETY
Trustee Williams stated that rehab of the police desk will be
completed by Friday. There is a question of painting the rest of the
corridor leading to the jail cells, etc.

I!

Mayor Zegarelli stated that consideration be given to the vestibule
of the Municipal Building, entry way into Central Headquarters and
police headquarters and suggested that the committee meet with the
building inspector to discuss the matter further.
Trustee Williams stated that the auxiliary police car 501 is in
service.

i

&gt;|!

�-2Trustee Williams stated that the Chief's office is in need of
carpeting. An estimate was received in the amount of $700.
A discussion followed regarding carpeting in Village offices,
Board room, as well as drapes. The committee was instructed to meet
to discuss the overall perimeter of improving the Village offices
and Board room.
Trustee Williams stated that his letter to Village residents
will be going out in the water bills soliciting donations for the dog.
Trustee Williams stated that the fire alarm system circuit is in m
operation. New lines have been replaced, he said.
In May, the
I
telephone company wanted us to relocate our wires.
An estimate in I
the amount of $4800 was given to install wires on new utility poles, m
Trustee Williams moved that the Supt. of Alarms be authorized to
make the switch on the poles, seconded by Trustee Salman.
Carried.
Trustee Williams stated that he is in receipt of a memo from
Counsel regarding the question as to whom the fire inspectors should
report and in accordance to his research, they would report to the fire
chief who is responsible to the Mayor and Board of Trustees.
Trustee Williams moved, seconded by Trustee Galgano that the
memo be incorporated in the minutes.
Carried.
Trustee Williams reported that Rescue Hose Company is asking the
Village Board to replace their basement floor which is in disrepair.
An estimate was submitted for retiling in the amount of $3200.
Mayor Zegarelli stated that he would like to withhold the matter
until such time as the Board discusses with representatives to take
care of priorities first.
He mentioned the new roof for Union Hose
Company, as well as other work necessary.
Trustee Williams moved that a certificate be presented to
I
William Spinson a member of the Youth Court for Juvenile of the Year, 8
seconded by Trustee Galgano.
Carried.
^
PUBLIC WORKS
Trustee Salman stated that this was the last week of our fall
cleanup.
Two truckloads were taken from the northern end of the
Village, said Trustee Salman.
Trustee Salman gave the following report:
Completed quarterly water meter readings. The new cleanup
schedule will be enclosed with the bills.
County has completed manhole and service line connections to
County main on Riverside Drive.
Replacing water service line on Gordon Avenue. Sewer service line
on Clinton Street has been completed. The department is still in the
process of locating and marking curb boxes throughout the Village.

!

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-3-

Leaf box was assembled and installed on Elgin truck which is now in
operation in Sleepy Hollow Manor.
Leaves are being picked up with
vacuum and loader.
New flags were erected on poles for Veteran's Day.
Gus Paese
will determine the type of repairs which
should be made on River Street, said Trustee Salman, and will get in
touch with him.
Working in school parking lot and will install bumpers.
George Crouch is out on compensation and is in the hospital with
a bad back.
A shipment of salt and sand was received.
Sidewalks still left to be done will be measured. Contracts will
be sent to the people immediately. Wg did not get any County or Federal
money for the repair of sidewalks/ saxa Trustee Salman. We will continue
to try to obtain that money in the future.
Completed last special bulk pickup on November 9th in the Manors.
A new transmission was installed on GMC truck now in operation.
New pump was installed on the sweeper.
five additional tires for police cars are on order.
will be ordered.

Five more

Trustee Salman stated that we have had problems with street
openings.
Plumbers have been forfeiting their bonds thereby requiring
the Village to replace the openings.
Following a short discussion, Trustee Salman moved that the
following increases in street opening rates be adopted, effective
immediately, seconded by Trustee Timmings:
(see attached)
The above increases would cover labor and materials and administrative
costs, said Trustee Salman.
Trustee Salman stated that requests for tree replacement will be
held up until the spring. Hopefully, the water shortage will improve
and restrictions lifted, he said.
Trustee Salman offered the following resolution, seconded by
Trustee Timmings:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late Anthony Square, and
WHEREAS the said Anthony Square was the brother of Thomas Square,
M.E.O. in the Public Works Department of the Village of North Tarrytown,
having been held in the highest esteem by all those who knew him, now,
therefore, be it

�-4RESOLVED that the Board of Trustees take official notice of
Anthony Square's death, and be it further

J
J

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.
RECREATION-HUMAN RESOURCES
Trustee Galgano stated that plans were finalized for Barnhart
Park and Margotta Park.

I

We have been in contact with Mr. DeLucia, County of Westchester, ^
who had a revised plan for friendship Park.
If this is the final
H!
plan for the park, we will go ahead with the plan.
Bids will go
H
out in February and construction should begin in early spring.
fg
Mayor Zegarelli stated that in his discussions with County
representatives, we can now close the Clinton Street Park.
Surrounding
property owners are concerned about vandalism and deterioration in the
area.
He suggested that the matter be taken up in committee.
Mayor Zegarelli stated that Friendship Park will be renamed after 1
Rev. Sykes. It will be upgraded in the spring.
ADMINISTRATION
Trustee Blecker offered the following resolution, seconded by
Trustee Timmings:
WHEREAS the Board of Trustees must designate for officers will
be held March 18, 1986; and
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:

I
j

Section 1.
That the Board of Trustees designates the following A
offices as vacant at the end of the current official year, to be filleB
at the Village Elect ion to be held on March 18, 1986 for the following Br
terms:
Three Trustees - Two years each.
Section 2. The Village Clerk is hereby directed to publish the
resolution in full in the Daily News, a newspaper of general circulation
within the Village.
Section 3.

I
I

This resolution shall take effect immediately. Carried.

Trustee Blecker reported that estimates were received on the
Union Hose roof.
He stated that there was a problem with rotting
asbestos shingling and also some areas that the wood is rotting under
the shingles.

i
*

�Mayor Zegarelli stated that there should be a stipulation in
/
the notice that the contractor would have to meet all environmental
regulations.
Trustee Timmings suggested that Counsel look into the successful
bidder having to obtain insurance protecting the Village from liability
Mayor Zegarelli stated that there will be one meeting in December
to coincide with the Village's 111th anniversary celebration.
Trustee Timmings moved to hold one meeting in December, December
16th, seconded by Trustee Galgano.
Carried.
Trustee Blecker moved, seconded by Trustee Timmings that bids
be prepared and returned for the re-roofing of Union Hose Company
on December 16, 1985. Carried.
Trustee Blecker stated that he discussed with Ron Turnquist the
issue of the upstairs recreation room problem and he, together with
Trustee Williams, will talk to him about some alternatives to the
problem.
Regarding the backlog of parking violators, Trustee Blecker
stated that Counsel has now requested a legal opinion from the State
as to how we can assess new parking fines.
He stated that he talked
to the collection service and determined that they are ready to turn
over the entire backlog to begin proceedings to recover as much money
as possible.
Trustee Blecker moved that any parking violation, regardless of
the amount, remaining unpaid beyond sixty (60) days, will be assessed
an additional service fee of $10 per ticket, seconded by Trustee
Timmings.
Carried.
Trustee Blecker mentioned that he is in the process of automating
the budget, bills, etc.
The computer will be in the administration
offices and will be on a rolling cart and movable depending on the
person who would need it, said Trustee Blecker.
There is a machine
that he is pretty close to recommending and the matter will be discusse
at the next work session.
LABOR RELATIONS
Trustee Timmings reported that the Treasurer is maintaining
a cash balance in the General fund.
Trustee Timmings moved that the Treasurer be authorized to obtain
serial bonds not to exceed $90,000 for the acquisition of the ambulance
for the fire department, seconded by Trustee Galgano.
Carried.
Resolution in detail in official minutes.
Trustee Timmings moved that the Treasurer be authorized to obtain
capital notes payable in a two year period in the amount of $18,000
for repair to Union Hose Company, seconded by Trustee Galgano. Carried.

�/(J

-6-

\*

Trustee Timmings stated that it was the unanimous opinion of the
committee that we ask the State and federal government to provide fiscal
impact messages with all of their legislation as a result of the
General Motors agreement.
Trustee Timmings moved that effective at the next Board meeting,
November 25th, any motion that is presented for any expenditure, is
to include a fiscal impact statement.
Trustee Timmings stated that the State had mandated that telephone
equipment was not taxable real property and in connection therewith,
moved the following resolution, seconded by Trustee Galgano:
RESOLVED that the tax assessor of the Village of North Tarrytown
be authorized to amend the Real Property Assessment Roll of the Villagl
of North Tarrytown in accordance with Senate Bill 4854 and Assembly
Bill 6763, signed into law on April 29, 1985 by Mario M. Cuomo,
Governor of the State of New York.
Carried.
Trustee Blecker stated that if the assessment rolls are reduced,
there should have been some public warning. The consumer should have
been granted a reduction.
Trustee Timmings stated that he never saw any indication that the
phone company or Public Service Commission was taking this into
consideration.
A rebate should be given to the consumer or the future
rate increases should be limited.
following a discussion, Trustee Blecker moved that Counsel be
authorized to draft a letter on behalf of the Village questioning the
cash flow benefits accruing to the telephone company as a result of
limitation of taxable properties and jurisdiction, copies to be sent
to the Governor and Public Service Commission, seconded by Trustee
Timmings.
Carried.
MAYOR'S REPORT:

I

Mayor Zegarelli stated that he had authorized Counsel to investig]
the procedures necessary for the establishment of a separate water
district for the Village of North Tarrytown which would include the
purchase of Pocantico Lake property as a reserve and source of water
supply.
Trustee Galgano moved to confirm the Mayor's action, seconded by
Trustee Blecker.
Carried.

Mayor Zegarelli noted the memo from Counsel concerning Velzy
Associates of Mt. Kisco who would evaluate the various reports and toxic*
waste information regarding Duracell.
following a discussion, Trustee Blecker moved that the Velzy
Associates be appointed as consulting engineers to assist the Village
in evaluating the various reports and toxic waste information concerning
Duracell and that $5000 be appropriated as a retaining fee for their
future work, seconded by Trustee Mangieri.
Carried.

i

�/v
Mayor Zegarelli stated that he had received a letter from the
County concerning the Pocantico water shed study that a meeting will
be held on November 18th.
An article in the local newspaper stated
that we had not taken a position, said the Mayor, which is incorrect.
Action was taken by the Board on July 15th, he said.
Mayor Zegarelli stated that the MTA is requesting a permanent
easement agreement for property south of the Pocantico River alcove
in connection with their substation which is being built off Devries
field.
Trustee Blecker moved, seconded by Trustee Galgano that the
Mayor/Counsel be authorized to send a letter granting the easement
as per the metes and bounds specifications as submitted by the MTA.
Carried.
Trustee Blecker recommended that a copy of the letter be sent
to PMIA.
Trustee Salman moved, seconded by Trustee Blecker that the Mayor
be authorized to sign the Bridge Transportation agreement with the
County of Westchester.
Carried.
The bridges include Devries Avenue bridge and Palmer Avenue
bridge.
CORRESPONDENCE
Communication from Arthur Martone requesting sidewalk repairs
at his property, 24-28 Cedar Street was read and referred to public
works committee.
UNFINISHED BUSINESS
Trustee Timmings stated that at an executive committee meeting
held by the Westchester County Village officials, representatives
from the County Veterans Organization asked the committee to change
the Officials' position on assessment reduction for Viet Nam veterans.
The Village Officials promised the veterans that we would work with
and for them to convince the State government to aid them in their
income taxes.
Hopefully, the Board would be in a position to confirm
the action of the committee.
Trustee Timmings moved that the salary of the Chief of Police
be increased $1513, retro-active to June 1, 1985, seconded by Trustee
Galgano.
Carried.
Trustee Timmings moved to increase the professional staff people
by 4%, retro-active to June 1, 1985 which would include the Clerk,
Treasurer, Recreation Supervisor, three foremen, two Int. Account Clerks,
Court Clerk, seconded by Trustee Galgano.
Carried.
Trustee Timmings stated that future salary increases are still
under consideration, including the benefits package as has been discussed
Motion carried.

�-8Trustee Timmings stated that at the last meeting, a delegation
from Webber Park appeared before the Board regarding the illegal
parking on what used to be the Pickwick Post property.
Mr. James Margotta stated that he investigated the situation and
pursuant to Board instruction, issued a summons to the owner of the
property.
His normal practice is to give thirty days in order to
correct the violation, however, based on pressure from the Webber
Park Association, it was cut to two days.
Upon receipt of legal
advice, he was informed that the court would not support his position
of two days.
The first summons was withdrawn and a second summons issn
giving the owner fifteen day grace period which would extend to Nov. lr
Mr. Peirce, Village Prosecutor, stated that the court order was
issued to the owner to remedy the violation within fifteen days. If
the violation is not cured, the building inspector and himself will
file information with the court and the court will issue a summons,
after which he will prosecute.
NEW BUSINESS
Trustee Blecker stated that he received a call from Dr. McNaughton
inquiring as to the possibility of her property achieving historical
status.
Mayor Zegarelli stated that the property is the former Trent/Fremon
property. He will write a letter to the historical society regarding
the matter.
Trustee Galgano moved, seconded by Trustee Blecker that the bills
submitted on the General fund and Water &amp; Sewer warrants dated Nov. 12th,
1985 be paid after approval of 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 further business to come before the meeting, Trustee Timmings
moved, seconded by Trustee Salman that the same be duly adjourned.
Carried.

I

Filomena fallacaro
Clerk

i

�/s

BOND RESOLUTION, DATED NOVEMBER 12
, 1985, AUTHORIZING THE ISSUANCE OF $90,000 SERIAL BONDS OF THE VILLAGE OF
NORTH TARRYTOWN, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE
THE ACQUISITION OF AN AMBULANCE FOR THE FIRE DEPARTMENT OF THE
VILLAGE.

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 Serial Bonds of the aggregate principal amount of
$90,000 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 (here-

inafter referred to as "purpose") to be financed by the
issuance of said bonds is the acquisition of an ambulance
for use by the Fire Department of the Village.
Section 3. The Board of Trustees has ascertained
and hereby states that (a) the estimated maximum cost of
the ambulance is $90,000; (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 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 29
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.
Section 5.

Subject to the terms and conditions

of this resolution and the Local Finance Law, and pursant
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 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 payable on such Serial Bonds

N

�-&gt; \

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

Galgano

and the motion was adopted.

seconded the motion
Trustees

Mangieri, Galgano &amp; Blecker

Timmings, Williams, Salman

voting for the affirmative,

and no one voting against it.
* * * * * * * * * *

-3-

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�VILLAGE OF NORTH TAHPYTOWN. NEW YORE
I S WEEKMAN AVSEiSUE
PHILIP C. Z E G A R E L L I . MAYOR
JAMES J TIMMINOS CHAIRMAN
HAMACKMKNT AND 1 U D « ( T

7^

PRANK M * N C I 1 T » I JR
CHAIRMAN
lOVIKHMtNTAL
t«LATION»
STCVC I A L . M A N
r u n L&gt;C

/-&lt;?
JAMES J . TIMMINOS
• E M / T V MAYOR
MISS riLOMKNA FAU.ACARO
VILLAOK C L M i r

CMAIRMAN
MRS IRENE AMATO
VIU-AOC TRKABURKR

WOUKI

• U S A H 1 « * » GAWO CHAIRMAN
MCTKC^IO"* AMD MUM AN H I O U R C I I
PH1L.IP E B L E C K E R
ADMINISTRATION

CHAIRMAN

ALLEN T W S L L I A M *
puiuc »Armr

CHAIRMAN

ROBERT J . RONZINI
VIIXAOC COUNCIL

INCORPORATED 1S74

November 8 , 1985

New York State Department of Law
Office of the Attorney General
Capitol Building
Albany, New York 12224

I'

Dear Sirs:

II

I have been requested by the Village of North Tarrytown to seek an
opinion from the Office of the Attorney General with respect to any
local law which would increase the fines and penalties for violations of local parking and traffic legislation.

I

From time to time, residents, taxpayers and visitors to the Village
of North Tarrytown violate the general code of the Village of North
Tarrytown. These violations may consist of deviations from the
parking regulations, zoning ordinances, speed enforcement
provisions, etc. While most citizens will attempt to refrain from
such future conduct, some do not. Often there are repeated
violators of the same offense. They may pay their fines on time but
their repeated violation, for example, of parking ordinances,
creates a condition which is in conflict with the public order and
sensibilities of the Village.
The Village is interested in adopting legislation which would
increase the penalties for future offenders. For example, if the
same citizen should be charged and convicted of the same parking
violation for in excess of three, four or five times, the Village
may wish to increase the penalty for each subsequent conviction.
The Village is also interested in pursuing legislation which might
permit the changing of the status of a citizen who repeatedly
violates a provision of the general code of the Village of North
Tarrytown by reclassifying that conduct to a misdemeanor.
I have been requested to seek an opinion from the Office of the
Attorney General with respect to the legality of such legislation.
It is the desire of the Village to enact a local law that would
permit increased fines for repeat offenders convicted of the Same
violation on earlier occasions. Secondly, if a citizen continues to
violate persistently the same local law, may that category of
offense be reclassified from a violation to a misdemeanor with
additional sanctions.
'where the Headless Horseman rode"

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�Thank you for your attention to the foregoing and if I can provide
you with further details, do not hesitate to contact me at your
earliest convenience.
Very truly yours,

Board of Trustees

t

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VILLAGE OF NORTH TARRYTCWN NEW YORK
28 »E£KMAN

AVENUE

/\

PHILIP E ZEGARELIJ. M A Y O *
JAM KB J

TIMMING*

CHAIRMAN

JAMES J. TIMMINOS

MAMAOKMKMT AND IUDCCT

M P U T V MAYOR

FRANK M A N G I E R l JR CHAIRMAN
•OVCOMMCNTAL RCUkTIONR

M I S S P1LOMENA PALLACARO
VILLAttK CLKRK

gTCVC I A L . M A N rMAIRMAN
RURi-ir w o » « «

MRS

• U C A N J C A L C A N O CHAINMAN
RtCWSATION AND HUMAN RKSOURCB*
P H I L I P E RLECKER
AOMINimiATION

IRENE AMATO
VILLAOK TRIARURKR

ROBERT J PONZINI
VILLAOK C O U N I I L

CHAIRMAN

ALLEN T. W I L L I A M S CHAIRMAN
PUBLIC W « T Y
INCORPORATED t « 7 4

November 8,

1985

Memo to: Mayor &amp; Board of Trustees
Village of North Tarrytown
From:

Robert J. Ponzini

Re: Fire Inspectors
At a recent meeting of the Board of Trustees of the Village of North
Tarrytown, certain questions were referred to village counsel for
research and investigation.
1)
There was a concern whether the village requires a separate law
with respect to occupancy of public and quasi-public buildings. The
village by its fire inspectors and through its reservation of
enforcement authority, can and should enforce the occupancy laws of
the State of New York. There is no necessity for the village to
adopt separate legislation since the village has opted for the
enforcement of the New York State fire prevention code. Therefore,
it be consistent to enforce all state occupancy laws consistent
with the New York State fire prevention code,
2) All local laws with respect to the New York State fire prevention code should be enforced through our inspectors.
3) A question was posed with respect to the chain of command of
fire inspectors. After reading of the enabling legislation, it is
your attorney's opinion that the fire inspectors report directly to
the fire chief who is in turn directly responsible to the Mayor and
Board of Trustees. At all times and in all circumstances, all fire
department personnel are ultimately responsible to the Mayor and
Board of Trustees, but in a direct line chain of command, fire
inspectors report directly to the fire chief. I do not believe this
requires a resolution. If the Board wishes, they may pass one
generally in that respect, but I believe this memo should serve as
adequate assurance of that chain of command.
If you require additional information or research, I am available at
your earliest request.
cc: Fire Chief &amp; Fire Inspectors
"where the Headless Horseman rode**

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              <text>Village of Sleepy Hollow All Rights Reserved.</text>
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