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                  <text>PUBLIC HEARING

NORTH TARRYTOWN, N.Y. ^
S
November 25, 1985
^

A 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, Jr.
Susan Galgano
Phillip E. Blecker,
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.
Trustee Salman moved, seconded by Trustee Williams that the
minutes of the meeting held on November 12, 1985 be approved as
written.
Carried.
Mayor Zegarelli called for bids on the purchase of a three
wheel street sweeper.
Treasurer Amato opened the following bids:
Trius, Inc.
Hicksville, N.Y.
(Bond enclosed.)
Theodore J.Burke &amp; Son
Goldens Bridge, N.Y.

$73,881.00

(Declined to submit a bid because the
specifications indicate a desire to
purchase an FMC Vanguard 3000 sweeper.)

Trustee Salman moved, seconded by Trustee Timmings that the
correspondence and bid be referred to public works committee for
review.
Carried.
Mayor Zegarelli read the notice of hearing to amend 57-18 of the
General Code which would prohibit parking at the four corners of Rice
Avenue and Gordon and the two corners at Rice and Van Tassel Avenues
for a distance of 30 ft. and asked if there was anyone present who
would like to address the Board.
Prior to comments from the audience, Mayor Zegarelli read a
letter from Carmen Capossela, 100 Rice Avenue, who opposed the proposed
amendment.
He stated in his letter that his house is the only one
facing Rice Avenue that has no sidewalk and if the law is passed in
its present form and the spaces are eliminated, it will mean that cars
will block the entrance to his home.
Mrs. Kay Lingardo, President of the Webber Park Association,
stated that in February, 1985, Fire Council had recommended parking
regulations for Rice Avenue which is altogether different from the
hearing this evening. The Association had agreed to back their

�^

-2recommendation, she said. Thirty feet from a full stop sign will
wipe out parking, she said. She stated that this would be a hardship.
It was her understanding that one parking space would be eliminated
on the corners, said Mrs. Lingardo.
Trustee Timmings stated that this hearing is a result of the
first hearing held in June. He stated that if cars were legally
parked under the terms of existing laws, there is sufficient room
to move fire apparatus through Rice Avenue.
The Village had painted
lines on the street, however, residents protested.
He stated that
as a compromise, a regulation could be instituted for 12 ft. from
the corners whereby the corner would be painted.
Mrs. Rosemary McKinley, 105 Gordon Avenue, stated that she was
opposed to alternate side parking unless it were on a monthly basis.
She suggested one side parking.
Trustee Timmings stated that the fire drill held in 1973 convinced
the fire chief at the time that alternate side parking was totally
impractical.
Mr. Malandrino stated that thirty feet was too much. He stated
that parking would be wiped out in front of his house.
There would
only be one parking space available on the entire street, he said.
Mayor Zegarelli stated that the streets were laid out a certain
way.
A lot of people do not use their driveways, he said. State
law provides certain number of footage from stop signs.
Mrs. Marie Timmings, 119 Rice Avenue, stated that she would
go along with marking off each corner 12-15 ft.,but does not think
alternate side parking is the solution.
Everyone on Rice Avenue
has a driveway and it is used.
She stated that parked cars on the
street are cars belonging to people other than those who live on
Rice Avenue. A van is parked right at the corner, she said.
Mrs. Eileen Meade, Gordon Avenue, stated that her side of the
street is one side parking.
With people parking because of the
animal hospital, etc., there is hardly any parking spaces now. This
is probably the reason that they park on Rice Avenue.
It will be
an inconvenience, she said.

i

Following a discussion, Mayor Zegarelli stated that the Village
will investigate the matter by mapping out an area up to 15 ft. from
the corner and designate each zone as a fire zone in order to remedy
the present condition.
The Board will not rule on this matter
until it is reviewed by the Webber Park Association.
No other comments, Mayor Zegarelli moved that the hearing be
closed, seconded by Trustee Williams.
Carried.
Mayor Zegarelli asked if there was anyone present who would
like to address the Board on any other matter.
Mr. Armando Volpacchio, Cedar Street, inquired as to who made
the assessment on his property in 1983. He stated that his bill
was increased.
He stated that he has talked to the assessor regardinj
his assessment.
No one can give him any answers, he said.

i

�Mayor Zegarelli informed Mr. Volpacchio that he had a hearing
before the Board of Assessment Review about a year ago. The Board
consisted of two Trustees and Mr. Soares, the assessor. This was
when he was re-assessed, said the Mayor.
Mayor Zegarelli stated that his attorney also came before the
Board at the time and his request was denied.
The assessment roll
is open for review again this year. The Assessor has been asked to
review other areas of the roll, said the Mayor, and his is on the
list to be reviewed.
Mayor Zegarelli suggested that he contact the assessor.
Mrs. Kay Lingardo stated that she stopped in to see the building
inspector regarding the parking in the two easterly residential lots.
She stated that she would like the Board of Trustees to ask the
Zoning Board to clarify whether or not the two lots can be used for
parking other than restaurant business.
The variance applies solely
for the use of the restaurant business, she said.
Mayor Zegarelli discussed with the Board of Trustees the matter
of having a work session with the Planning and Zoning Boards to discuss
this. The Zoning Board is an independent board, said the Mayor, and
cannot order them to review it. Under Village law, they are an
independent board, he said.
Mrs. Lingardo stated that she signed a complaint form on behalf
of the Association and was also told to sign an information form. She
stated that she feels no one should have to sign the information form.
She stated that the Judge had told her that she did not have to sign
the form and questioned the propriety of the Village Prosecutor.
Mayor Zegarelli stated that she has impaired his integrity. As
a public official, we have to take criticism wherever it may come,
however, he did not think Mr. Peirce should be taken to task with
his being in absentia. He stated that she was speaking about a
public official when he is not present. He stated that he will not
respond on behalf of Mr. Peirce and that she limit her comments
about him until he is present.
Mrs. Lingardo inquired if the Board received permission from
the State to erect the unloading of trailers signs in front of the
school.
Counsel Ponzini stated that the local law was filed with the
State and there was no objection to the law for the unloading of cars.
REPORTS Of COMMITTEES
ADMINISTRATION
Trutee Blecker stated that the backlog of tickets, all of which
were assessed $10 per ticket, were turned over to the collection
service. We are still waiting for an answer to Counsel Ponzini's
letter to the State Attorney's office for an opinion as to
any law which would increase the fines and penalties for violations
of parking and traffic regulations.

•7?*^?13TO

�-4Trustee Blecker stated that there is a bill for the repair of
the air-conditioner at Rescue Hose Company which is not Village
property. The company will have to pay the bill, he said.
Trustee Blecker stated that a computer demostration for his
committee will be held whereby the October budget results will be
placed on the computer.
GOVERNMENTAL RELATIONS
Trustee Mangieri reported that the primary candidate for
Administrator has withdrawn his application because of housing costs.
ts.
He stated that he could not afford to move to Westchester.
A mee
will be held, together with the Board of Trustees, to review other
applications and maybe, re-advertisement of the position.
MANAGEMENT &amp; BUDGET
Trustee Timmings stated that the Treasurer has reported a
cash balance in the General Fund.

1

Trustee Timmings stated that the October fiscal reports are on
Trustees' desks.
Trustee Timmings stated that he is in receipt of a copy of the
Teamsters Contract.
In proof-reading, he found two typos, he said.
Hopefully by the next meeting, the contract will be received for the
Mayor's s ignature.
The police contract is in final reading, said Trustee Timmings.
A copy was sent to Counsel for review.
i.

PUBLIC SAFETY

&amp;

Trustee Williams stated that the new mobile radio is almost
completed in police headquarters. The switch over to higher
frequencies took place last week, he said. The men are still learni
how to use the telephone system, he said.

1

Trustee Williams stated that there were some problems with the
relay on the generator.
It should connect in automatically. Repairs
are under way, he said.
Trustee Williams thanked the Chief for his efforts in obtaining
the communication system for the Village and the entire MRD district.
The new equipment is working quite well, he said.
Trustee Williams stated that there is a problem of farming out
work to other agencies for work on police vehicles.
He stated that
there is a constant problem with car 506. It is sent out for repairs
and is brought back the same way.
Trustee Timmings stated that he would like to investigate the
subject further.
Until we know what the facts are, it should be
handled in executive session, he said.

�Trustee Williams commended the animal control officer for
her professional in handling a raccoon in his parents' garage.
Trustee Williams stated that at the wetdown of Rescue Hose
apparatus, the bell which was carried on three apparatus' was dedicated
to all drivers of the company for their services.
PUBLIC WORKS
Trustee Salman stated that he is in receipt of a report from
Gus Paese regarding repairs to River Street. The estimated cost is
$68,000 to repair.
The matter will be discussed in committee.
Trustee Salman moved that Christmas lights be turned on
December 6th, from 5 P.M. - 12 P.M., except on Christmas Eve and
New Year's eve, lights are to remain illuminated all night 5 P.M. 5 A.M., *seconded by Trustee Galgano.
Carried.
Trustee Timmings stated that at the last meeting, it was voted
that no motion would be adopted without a fiscal impact statement.
We are committed to a message with each motion presented, he said.
Trustee Salman stated that there is a problem in the sewer
line on Continental Street.
According to Gus Paese, we have a clog
in the main sewer line and County line going into the General Motors
parking lot. There is no way that a TV camera can be taken in. There
are five different ways of alleviating the situation, he said. The
obstruction has been there a long time.
The best way of handling it
is to run a new 1000 ft. line to try to bypass it. The committee
will make a decision, he said.
RECREATION &amp; HUMAN RESOURCES
The committee met to discuss the suggestions made for work at
the parks, reported Trustee Galgano.
New plans were made and reviewed
Mr. DeLucia will prepare the specifications and bids will be called for
in February.
Hopefully, all three parks will be done at the same
time, said Trustee Galgano.
Cosmetic changes, in particular, to
friendship Park were confirmed.
Trustee Galgano moved that separate bids be obtained on the
three parks with the approved changes, seconded by Trustee Blecker.
Carried.
PUBLIC WORKS

(CONT'D.)

Trustee Salman reported that the water and sewer department
completed excavation and replacement of leaking water service line on
Gordon Avenue.
Continuing with locating and marking curb boxes throughout the
Village.
Broken windows will be replaced at Shaft 9 by Pulsoni's
Venetian Blind Co., exterior with lexicon, and the interior with glass.

�-6

V

fire extinguishers are on order for both Shaft 9 and 10.
Jetted several problem areas in the Village.
The highway department had a plumber at the ambulance garage
to fix the toilet and sink.
The department is still picking up leaves with the vacuum. The
second Monday of December will be the last day leaves will be picked
up unless they are in bags.
Two sanders were out on Saturday, November 16th due to unexpected
snowfall.
Working to get snow equipment and plows ready for snow season
Will concentrate on placing sand barrels out next week.
Bumpers were installed and lines painted in the school parking
lot.
New sander ordered from Municipal Machinery in August is expected
to arrive on November 26th.
Truck must be driven to Long Island for
installation of the sander.
Requested Village mechanic to install
engine block head on truck.
Tires for payloader are in and will be mounted next week. Tires
for police car 502 are in.
MAYOR'S REPORT:
Mayor Zegarelli stated that at the meeting in December, we will
be celebrating the 111th anniversary of the incorporation of the
Village. Traditionally, we invite all members of the working boards
of the Village, he said.
Mayor Zegarelli stated that he is in receipt of a letter from
the County regarding water sampling within certain boundaries of the
Croton water system.
I
The matter was referred to public works committee.
Mayor Zegarelli stated that he is in receipt of the K9 contract
which was approved as to form by Counsel.
Trustee Timmings moved, seconded by Trustee Williams that the
Mayor be authorized to sign same. Carried.
Mayor Zegarelli stated that he had asked Mr. Margotta to attend
a meeting in White Plains on the Pocantico River watershed study.
There has been a separate proposed allocation for the study which has
been more favorable to the Village of North Tarrytown. He stated
that he did not think that this will affect discussions we are now
having with the owners on the potential buying. A letter will be
sent to convey our continued interest, said the Mayor, and so moved,
seconded by Trustee Timmings.
Carried.

/

�-7Mayor Zegarelli stated that he has been going through a
laborious time-consuming series of conversations with Duracell. Their
attorney and our attorney have reviewed a letter that their attorney
has afforded to Counsel Ponzini concerning the perimeters under which
we will be permitted to review the survey documents concerning the soil
tests and building contamination at Duracell. None of the elected
officials will be permitted to see the documents at this point, said
the Mayor. The document will be given to Velsey Associates, the
Village engineering consultants, who will have total access to the
documents and who will review them, "interpret them" and provide
briefing to ourselves.
Although he stated that he advised them it was
unacceptable, this is the only method we can proceed by at this time.
Mayor Zegarelli stated that he attempted, under the freedom of
Information Law to obtain a copy of the report, however, we were turned
down at this time.
On advice of Counsel and reviewing all documents
which he will show, there is the potential wherein the Village will be
in some form of litigation.
The documentation will be shown in
executive session, said the Mayor.
Counsel stated that they will release all their reports which
will be given to our consultants who will advise us if there is any
emergency with which we will have to deal. If there are any other
ways of getting the reports, said Counsel, we are awaiting the decision
from the State.
If it rules in our favor, the documents will be
made public.
If not, we will take our appeal to Albany.
The State
is on notice that we are prepared to intervene, said Counsel.
Trustee Blecker inquired if the State was for or against cleanup
or covering up.
Counsel stated that the State never knows if their investigation
and enforcement may turn into a prosecution.
The statute that we
work with is slower than we like it to be.
Mayor Zegarelli stated that as officials, the neighbors provided
us with other information which was forwarded to the State.
Trustee Blecker stated that if there wasn't anything in there
that would bother us, then there would not be any reason for keeping
it from us.
Counsel stated that the reason that they were granted confidentiality might be because of a trade secret.
Trustee Mangieri stated that the County made a statement that
everything was fine and now it was found that there was contamination
in neighboring areas where vegetables were grown.
County Legislator Sandy Galef, present at the meeting, stated
that the County did not say you could not eat the vegetables. The
County had gone through volumes of literature and found no new
information.
Mayor Zegarelli stated that the County made public the fact
of what the real findings were. If you have to clean the inside and
outside of a building before you tear it down, excavate the site, if
that isn't a health hazard, what is?

�11,

~8Trustee Blecker inquired if there is any potential liability
to Duracell and its parent company both to the County and Village.
Mayor Zegarelli stated that he does not know how long it will
take for the cleanup. What needs to be looked at are some of the
complaints people made on some of the things that went on there. We
are going to function as a Board at this time, he said. When we find
out, we will keep within the confines of the laws.
COMMUNICATIONS
Acknowledgment of sympathy from Thomas Square and family was
read.
Communication from Thomas Maraziti, 53 Clinton Street, requestii!
a curb cut was read and referred to the public works and building
inspector.
Communication from Sec'y. of fire Council, Ron Biro, regarding
changes in personnel in fire Patrol and Pocantico H &amp; L and an exempt
certificate for Peter Homolya was read.
Trustee Timmings moved, seconded by Trustee Williams that action
of Council regarding changes be confirmed and an exempt certificate
granted to Peter Homolya.
Carried.
Communication from Mrs. Mary Ann Ellinger, 26 Palmer Avenue,
requesting the removal of a tree in front of her property was read
and referred to the tree inspector and public works committee.

j

Communication from Anthony Garro, Italian-American Independent
Club, requesting permission to hold a dance on November 28th in the
Van Tassel auditorium from 4 - 1 2 midnight was read and on motion of
Trustee Timmings, seconded by Trustee Williams, permission was granted J
and police notified of same.
Carried.
UNflNISHED BUSINESS
In connection with the Van Tassel Tax Proceedings, Trustee
Timmings moved that the following resolution be adopted, seconded by
Trustee Galgano:
RESOLVED, that the Village Attorney be authorized to sign the
stipulation of settlement and discontinuance resolving the tax petitio
filed by the Van Tassel Tarrytown Corp. against the Village of North
Tarrytown for the years 1981-82, 1982-83, 1983-84, 1984-85 to extent
detailed in the memorandum dated November 18, 1985:
for
for
For
for
Carried.

the
the
the
the

year
year
year
year

81-82,
82-83,
83-84,
84-85,

from
from
from
from

$360,250.00
$360,250.00
$360,250.00
$360,250.00

to
to
to
to

$268,800.00
$254,750.00
$342,250.00
$360,450.00

�-9-

v\

Trustee Williams moved that $2,000 be allocated towards the
painting of the hallway in police headquarters, front doors, carpe$
in the Chief's office, said money to come from building-maintenance
seconded by Trustee Blecker.
Carried.
Trustee Williams moved that the floor in Rescue Hose Company
be repaired at a cost of $3200, seconded by Trustee Salman. Carri
NEW BUSINESS
Trustee Timmings stated that the dog warden has never been
granted a salary increase and he would like to discuss the matter
with the entire board.
Trustee Blecker stated that he will contact the architect
with regard to the bathroom replacement in Union Hose Company.
Regarding the removal of the asbestos, Mayor Zegarelli stat*
that he"discussed the matter with the Building Inspector and it wj
be up to the contractor to dispose of same.
Mayor Zegarelli stated that he will be contacting the archie
to look into attic space.
Counsel stated that the Vehicle &amp; Traffic law was amended
whereby unlicensed drivers would be fined $200. The State will n
keep the $200 and delegate prosecution of the violators to the Viges
Mayor Zegarelli moved, seconded by Trustee Timmings that th
bills submitted on the General fund and Water &amp; Sewer warrants da
November 25, 1985 be paid after approval of department heads and t
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
Salman moved, seconded by Trustee Blecker that the same be duly
adjourned.
Carried.
Respectfully submittec

Filomena Fallacaro
Clerk

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