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                  <text>PUBLIC HEARINGS

NORTH TARRYTOWN, N.Y.
October 24, 1986

3/?^s

A regular^jp^g^ing of the Board of Trustees of the Village of
North Tarry towS/off the above date.
Present

I r.

Philip E. Zegarelli,
Mayor
James J. Timmings
Steven Salman
frank Mangieri
Susan Galgano
Arthur B. Ceconi,
Trustees
Robert J. Ponzini, Counsel

Absent

Allen T. Williams, Trustee

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 Salman that the
minutes of the meeting held on October 14, 1986 be approved as
written.
Carried.
Mayor Zegarelli informed the Board that this evening's meeting
was being taped.
He stated that the Village of Ossining was holding
a meeting this evening and it was on live cable. He welcomed the
Village of Ossining going on live.
•I'l if

Mayor Zegarelli read the notice of hearing to amend Chapter 62
of the General Code "Definition-Family" and asked if there was anyone
present who would like to address the Board.
Mayor Zegarelli stated that the reason why we are adding this
amendment is to define and provide for the Zoning, Planning Boards,
Building Inspector and other pertinent agencies of the Village the
definition of a family. We have come across instances that have been
a problem, he said. There are unlimited individuals who are living in
houses which are in violation of our code and that re-defining what a
family is will enable the Village authorities to properly monitor
all changes in zoning.

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No one appearing for or against the proposed amendment, Mayor
Zegarelli moved, seconded by Trustee Timmings that the hearing be closed
and action taken at the next meeting.
Carried.
Mayor Zegarelli read the notice of hearing to amend Chapter 62
of the General Code to establish the position of alternate member of
the Zoning Board of Appeals and asked if there was anyone present who
would like to address the Board.

ill I ^

Mayor Zegarelli stated that the reason behind this is that the
State has provided for the ability to have alternate members, especially
on the Zoning Board of Appeals, whereby the State has delegated powers
to the County in the form of a veto where the County can veto decisions
of the Zoning Board. In order to over-ride the decisions of the County
government representing the State, you need to have a majority plus one

! .'J

"«n,.

�-2of the entire Board if you have an absent member in order to overrule the County. This provision has been added on for a safety valve,
said the Mayor. We want to be able to provide this safety valve. The
alternate member will fill the vacancy of any Zoning Board member not
present, so that the full body of the Zoning Board would be present
at any given time to review and potentially over-rule the County's
veto.
No one appearing for or against the proposed amendment, Trustee
Timmings moved, seconded by Trustee Ceconi that the hearing be closed
and action taken at the next meeting.
Carried.
Mayor Zegarelli read the notice of hearing on a proposal to
j
adopt a resolution pursuant to the provisions of Section 467 of the RJ
Property Tax Law to exempt from Village taxes within the control of 1
the said Board to the extent of 50% of its assessed value properties '
owned by one or more persons 65 years of age or over who comply with
the provisions of said Section 467 as to occupancy, income, length of
ownership and otherwise and asked if there was anyone present who would
like to address the Board.
No one appearing for or against, Trustee Timmings moved, seconde
by Trustee Ceconi that the hearing be closed and a decision be made at
the next meeting.
Carried.
Trustee Timmings moved to amend the regular order of business,
seconded by Trustee Galgano.
Carried.
Mayor Zegarelli stated that an item that was held over from the
previous meeting pertaining to the insurance problem at the COC and
the request made by the Center to have the Village provide $6000 of
additional monies beyond what we contribute now to their budget will
be addressed now. He stated that the Board discussed the matter and
we have received information from the COC and its accountant.
Trustee Ceconi stated that the COC is a worthwhile project,
however, we requested a budget, but the only report received was an
income sheet or statement of condition ending December 31, 1985. No
budget was received. He stated that there was a lack of fiscal
responsibility on this particular score.
In looking at the balance
sheet, a loan receivable was listed to one of the management level,
said Trustee Ceconi. He inquired as to why there would be an asset
on a balance sheet. He stated that the telephone bill for the year
was $2891.61. This comes to $241 per month. Another item is $991.07
to the Town of Greenburgh. He assumes it is for taxes. He stated th«
with this $6000 request, 16% of the total budget becomes the responsibility of North Tarrytown. Approximately $43,500 goes to salaries.
Trustee Ceconi stated that he feels there should be a better accountii
system if we are to approve these things. We are responsible to the
voters and people of North Tarrytown. There should be something
stipulated in the future so that we will have an opportunity to look
at the numbers in order for us to make a better number.
Trustee Timmings stated that he was able to talk to one of the
members of the COC Board of Directors and we reviewed the financial
report submitted. He stated that he thinks it is fair to say that
their Board recognizes that what we have is a cash flow document for
1985. The point about the money paid to the Town of Greenburgh is

�-3-

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for the sewer tax. Some of the other items acknowledged is due to
the lack of an operating budget. With the problems we face in North
Tarrytown, we will have to make sure any other organization that we
support has a budget that they can bring before this Board in order
to justify the amount of money they are requesting.

'
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Trustee Galgano stated that we were informed that if North
!
Tarrytown agrees to give $6000, Tarrytown would agree to pay $7000.
I
The Village of Tarrytown should be able to vote on its own initiative.
i
What we vote here, we do not vote for Tarrytown. If they want to give
them the money, they can, she said. It should not depend on what we
j
vote tonight.
i
Trustee Mangieri stated that this is more emergency funding. By
j
granting them $10,000 a year without getting a detailed report was
foolish. A stipulation should be made before the next fiscal year of
*
this Village that we obtain a detailed list from COC as to what they expect!
from us. A detailed financial statement should also be obtain, he said.
this is a reasonable request.
i
i

Trustee Salman stated that he originally requested the budget.
t
He stated that they should be requested to supply us with the same
J
information that we requested the library to supply and proceeded to
j
move that the decision be set aside again until we get the information
j
we requested, but there was no second to his motion.
j
Mayor Zegarelli stated that when you sit as Mayor or a Trustee
j
at times you see various other agencies that follow the same rules we
i
have to. Despite it all, he stated that there are various social
programs and benefits that the COC provides. This would be a one "shot"
deal, said the Mayor. He stated that he talked to members of the COC
Board that the insurance crisis be best abbreviated and alleviated for
next year.
Both Villages contribute almost 29% and the number goes
up to 37% of the total budget.
He suggested that they seek outside
contributions and fund-raising programs.
Mr. Harry Lewis, member of the Board of Directors of the COC,
provided supplementary information. He stated that he met with Mr.
Pilla and John Keels. A portion of the loan has been paid, he said.
He stated that the COC has a $45,000 contract from the State Youth
Diverting Program.
Mayor Zegarelli inquired of Mr. Lewis as to how long they have
been in operation and if in the 20 years indicated, any kind of accounting
records were kept.
Mr. Lewis stated that there are books, but they do not have a
proper bookkeeper.
Mayor Zegarelli stated that there does have to be accountable and
financial discipline.
He stated that we would like to believe,
depending on the vote tonight, that we helped each other out, not
because of a dislike or like for the COC. We want to make sure things
are in order, he said.

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-4Mr. Donald Caetano, Lawrence Avenue, stated that the telephone
bill is a high bill.
He stated that the Board should accept Trustee
Salman1 s motion.
Mrs. Slater, a member of the COC, stated that they had a problem
with the telephone usage, but it has now been corrected.
The bills
have been decreased in the last few months, she said.
Mayor Zegarelli moved to appropriate the additonal $6,000 continge
upon Tarrytown's contributing its $7000 under the terms and conditions
we have discussed tonight and hold the Board of Directors accountable
to validate and put into action in the efforts of straightening out
the financial picture of the COC, seconded by Trustee Timmings.
Trustee Timmings moved to amend the motion that the amount of
$6,000 be transferred from Contingency Account, A1990 to A7989-COC,
to cover the expenditure, seconded by Trustee Salman.
Mayor Zegarelli polled the Board on the motion to appropriate
the $6000 as follows:
Trustee Timmings
"
Salman

- Yes
- Yes

Trustee Mangieri
"
Galgano
"
Ceconi

- Yes
- No
- No

Mayor Zegarelli voted "Yes". Motion and amendment carried.
Mayor Zegarelli asked if there was anyone present who would like
to address the Board on any other matter.
No one appearing before the Board, the regular order of business
resumed.
REPORTS Of COMMITTEES
GOVERNMENTAL RELATIONS
Trustee Mangieri stated that the Economic Council will hold a
meeting on November 17th.

I
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MANAGEMENT &amp; BUDGET
Trustee Timmings reported that we continue to maintain a balance
in the General Fund as of October 27, 1986.
Trustee Timmings moved that action of the Treasurer in depositing
a certificate of deposit in the First National Bank of North Tarrytow
in the amount of $1,500,000 for 14 days be confirmed, seconded by
Trustee Galgano. Carried.
Trustee Timmings stated that there is a bill on the warrant in
the amount of $47,261.32 from Anderson, Olick, et al for legal fees
in connection with the Gleason vs North Tarrytown Village officials,
etc., and moved that this amount be transferred from Contingency acco
AI990 to legal fees A1420, seconded by Trustee Galgano. Carried.

�s

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Mayor Zegarelli stated that the amount of $68,000 has been spent
thus far on legal defense in this case.
This amount is not appropriated,
said the Mayor. He stated that he would like the people of North
Tarrytown to know that the amount of $68,000 represents 2% dollars on
the tax rate for a type of legal case as this and what it is doing to
the Village.
He stated that he would like to believe that the Village's
position will be upheld.
Trustee "Timmings- stated that when the budget was prepared, a sum of
money was placed in the Contingency fund to cover the police contract
and teamsters contract which is presently being negotiated and moved
that the stipulation be taken to review where we are and what will be
the balance in cash in order not to make the budget wasted, seconded
by Trustee Galgano.
Carried.
Mayor Zegarelli appointed Trustees Timmings
Village Administrator to help with the Treasurer
revenues and projected expenditures for the rest
appropriate mid-course corrections to our budget

and Ceconi and the
to review our current
of the year and make
at a future date.

PUBLIC SAFETY
In the absence of Trustee Williams, Mayor Zegarelli stated that
steps are being taken to correct some problems in the alarm system.
Counsel Ponzini stated that a conference on Human Rights was
held on October 22nd in Fishkill whereby Chief Spota made a model
presentation.
He stated that it was quite an honor for our Chief of
Police to be selected as the only law enforcement member attending
the conference.
Mayor Zegarelli stated that North Tarrytown's Community Relations
Program was used as a model.
Despite all the criticism we received,
said the Mayor, we have been obviously recognized in law enforcement
area by the Dept. of Justice.
PUBLIC WORKS
Trustee Salman reminded residents that the area around their
receptacles is their responsibility.
The sanitation department is
not empowered to clean it up. We have received some complaints to
clean it up. We have received complaints that owners of businesses
are sweeping their sweepings into the curb which is in violation.
Trustee Salman stated that hydrant flushing is in progress.
Trustee Salman stated that he and the Administrator are talking
about a new method of picking up garbage.
A presentation will be
made at a future meeting, he said.
RECREATION &amp; HUMAN RESOURCES
Trustee Galgano reported "progress".
Mayor Zegarelli stated that he has received a complaint that the
senior citizens bus has curtailed its shopping schedule and referred
the matter to Trustee Galgano and the Administrator.

�-6MAYOR'S REPORT:
Mayor Zegarelli stated that a meeting will be held regarding
Duracell on November 5th in the Municipal Building at 7:30 P.M. The
meeting will be open to hear various points from individuals who would
want to add on to the information we have gathered this far. This
meeting only covers the closure permit, he said.
Mayor Zegarelli stated that on Thursday, November 13th, there
will be two hearings, one at 3 P.M. and the other at 7 P.M. at the
V.F.W. hall on Washington Street.
Mr. Robert S. Drew, Chief Administrator Law Judge will preside.
Mayor Zegarelli stated that Con Edison will work on the north
I
side of Beekman Avenue to install new lines.
The project will last I
approximately three weeks. We have discussed with Con Edison to minim!
the length of time.
Work will commence at 8 A.M. - 2 P.M.and will be
working on Saturdays and Sundays and not Fridays.
Mayor Zegarelli stated that we have been asked to provide input
to the citizens reminding voters of the Environmental Quality Bond Act
which will be on the ballot. Voter ^ have been requested to vote in
favor of the 1.5 billion dollar Act.
Mayor Zegarelli stated that there will be a work session tomorrow
night with Judge Fitzgerald and Chief Spota.
Mayor Zegarelli acknowledged a letter from the Phelps Memorial
Hospital regarding alternate approaches for zoning amendments to the
H. (Hospital) District. They are petitioning for a series of changes
reflecting on future construction on the hospital property, said the
Mayor. The matter will be referred to the Planning Board and Counsel
for review and report back to the Board.
Counsel Ponzini suggested an early date for a hearing.
Mayor Zegarelli moved to authorize a memo to the Planning Board &lt;
regarding the matter, seconded by Trustee Timmings.
Carried.
]
Mayor Zegarelli noted a letter from the White House that our
bill for expenses incurred while the President was in North Tarrytown
was referred to committee.
Mayor Zegarelli noted an application for taxi rate increase from
Knapp-McCarthy and referred it to Counsel.
COMMUNICATIONS
Communication from Mrs. Kathryn Fries, Clerk, Town of Mt. Pleasanl
requesting permission for the use of our premises for Election purpose!
was read and on motion of Trustee Timmings, seconded by Trustee Salman
permission was granted. Carried.

�Communication from Rev. Louis Mazza, Administrator, Immaculate
Conception Church, requesting the removal of a tree on the North
Broadway entrance to the church was read and referred to committee.
The Clerk informed the Board of a notice of claim from Mercedes
Carlotta Robinson against the Village regarding injuries sustained
to her at the Warner Library on July 28, 1986 and that she referred
the same to our insurance carrier.
Trustee Timmings moved, seconded by Trustee Galgano that action
of the Clerk be confirmed without prejudice.
Carried.
(The library is located in the Village of Tarrytown).
Mayor Zegarelli noted the Chamber of Commerce Dinner honoring
John Harbour and on motion of Trustee Salman, seconded by Trustee
Timmings, a proclamation be issued in his honor.
Carried.
NEW BUSINESS
Trustee Timmings moved to transfer from A1990.4 Contingency Account,
the amount of $12,000; $6000 .to A1A10.0 and to A1325.1, $6000 effective
June 1, 1986, seconded by Trustee Galgano.
Carried.
With regard to the hearing on the position of alternate member of
the Zoning Board of Appeals, Trustee Timmings moved, seconded by Trustee
Ceconi that the following Local Law #3 of 1986 as follows:
(in detail official minutes)
Mayor Zegarelli reminded the Board and residents of the King
George Birthday celebration on November 8th at the Philipsburg Restoration
and urged everyone to participate.
Trustee Timmings moved, seconded by Trustee Ceconi that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated
October 27, 1986 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.
There being no further business to come before the meeting,
Trustee Ceconi moved, seconded by Trustee Timmings that the same be
duly adjourned.
Carried.
Respectfully submitted,

Filomena Fallacaro
Clerk

�\

PUBLIC NOTICE
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Board of Trustees of the Vlllaee of
North Tarrytown at a regular meeting assembled and after published
notice and public hearing do hereby ordain and enact Local Law #3
which amends Chapter 62 of the General Code of the Village of North
Tarrytown as follows:

1. The position of alternate member of the Village of North
Tarrytown Zoning Board of Appeals is established. There shall be twa
(2) such alternate members. No person who is a member of the Board |
Trustees of the Village of North Tarrytown shall be eligible for
I
membership as an xlternate member of the Zoning Board of Appeals. I
Alternate members 'of the Zoning Board of Appeals shall be subject ton
all of the provisions of Chapter 62 of the Code of the Vlllaee of Korj
Tarrytown, said rula* and regulations which empower and regulate the I
eligibility of any member of the Zoning Board of Appeals. Alternate
members shall serve in the absence, unavailability or inability of a
regular member of the Zoning Board of Appeals to serve. Copies of
notices shall be sent to all members, including alternate members.
All alternate members are required to appear for all duly noticed
meetings. When a meeting of the Board of Appeals shall be duly notic
and called for discussion, if it shall become apparent that a regular
member of the Board of Appeals will be unable to hear and deliberate
upon an application, then an alternate member of the Zoning Board of
Appeals, at the call of the Chairman of said Board, shall be duly
authorized to hear said application, to deliberate and to vote with
full force and affect as if duly appointed a regular member of said
Board.
All alternate members of the Zoning Board of Appeals of the
Village of North Tarrytown shall be appointed for the same term and
in the same manner as regularly appointed members of the Zoning Board
of Appeals.
I
2. Severability: If any provision of this local law shall be |
held unconstitutional or invalid, in whole or in part, by any court &lt;
competent jurisdiction, such holding or unconstitutionality or invalj
shall in no way affect or impair any other provision of this local li
or the application of any provision to any other person or circumstai

This Local Law shall take effect within the time prescribed by lav

By Order of the Board of Trustees
Adopted: October 27, 1986
Filomena Fallacaro
Village Clerk

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