https://sleepyhollow.localarchives.org/files/original/98f1da44558eba81b643ed5ee27e713d.pdf be5c0c500142177aaf720473cece2798 PDF Text Text J A Regular Public meeting of the Board of Trustees of the Village of North Tarrytown was held on May 3, 1988 at 8 PM. Present: Mayor Gandolfo Trustee Fudali Trustee Fine Trustee Caro Trustee Treacy Trustee Hyland Trustee Coon Also Present: R. Thomas Hornan, Administrator John Hughes, Jr. Village Attorney Mayor Gandolfo called the meeting to order with a pledge to the flag. John Hughes, Jr., Village Attorney read Public Notices regarding expanding the Planning Board, Zoning Board and Recreation Commission from five to seven members. (Copies of notices are attached) Public Comments Mr. Galella asked the Mayor what the purpose was to expanding the Boards to seven members? The Mayor commented that in order to increase the terms of the members to seven years, they must have seven members. The terms must coincide with the number of members. Mrs. Stone hoped that by adding more members it will be more efficient and not just a political plum. Being no further comments on those three hearings, Trustee Fine made a motion that the hearings be closed, seconded by Trustee Treacy, and motion carried. The Village Attorney read the next public notice regarding the fees for the demolition of buildings.(copy attached) Public Comments Dr. Sweet asked what impact increasing these fees would have on the revenues for the village? The Mayor commented that the Duracell demolition is coming up and this is going to take a lot of time on the part of the Village staff in overseeing the demolition and this is the main reason for increasing these fees. In terms of other areas, she felt it was going to have a minimal impact. She commented that the Village is passing this ordinance so that they can recoup some of the money that the Village will expend. 1 �D Being no further comments, Trustee Fine made a motion to close the hearing, seconded by Trustee Coon and carried. The Village Attorney read the public notice regarding the idemnification of employees, (copy attached) The Mayor stated that what the Village is trying to do is clarify an ordinance that we already have on the books. If an employee or a member of the Board or a public official is sued, the Village indemnifies and defends the action. The ordinance right now is not clear as to whether we have an insurance policy covering that particular action; whether the employee must be represented by an insurance company attorney or one of his own choosing. Therefore, we are clarifying this to read that the employee, if the Village is so insured, must be defended by the insurance company's attorney. Public Comments Philip Zegarelli, former Mayor, addressed the Board and asked when this would take effect; from this day on or would it cover cases from the past? The Mayor stated that it would be from this day forward and not cover employees in cases in the past which are still pending. Mr. Zegarelli asked if there might be a situation where the insurance company may want to settle and the Village may decide that the insurance company should not be settling, what would be the procedure for that person or the Village to be asked to be represented? The Mayor stated that if the insurance company is representing the Village, then they will be hiring the attorney. Trustee Coon commented that he thought Mr. Zegarelli was getting into the idea that whether or not it is necessary for the insured whoever that is to consent to settle the case. If the policy provides that there is no necessity for the insurance company to obtain the consent of the insured, then the insurance company controls whether or not it is willing to settle the case regardless of wishes of the insured. If the insurance policy states that it is mandatory before the insurance company settles the case that they obtain the consent of the insured prior to entering into negotiations for settlement, then that is what needs to be done. But that is a policy that is determined at the time the insurance policy is put into effect. The Mayor asked that a motion be made to close the comment section of the public hearing. Trustee Fine so moved, seconded by Trustee Coon and carried. Trustee Coon expressed a concern about the rate that the attorney could charge and felt that perhaps ceiling clause could be added to the ordinance. The Mayor commented that a clause could be added to the ordinance whereby the Board would have to approve the attorney hired by the insurance company. They would discuss this further at a work session. 2 �Public Comments Mrs. Belanich stated that the maps that the reassessment firs are using are not updated in that there are certain new hoses that do not show on the naps that they are using. The Administrator commented that the Town is in the process of updating their maps now and the Mayor stated that the Village will he do a cross reference with our records and theirs. Mr. Gale 11a asked the Board how close we are to the tax limit and have we filed with the state? The Treasurer stated that we will not know until we have completed the report sent to us by the state. Sandy Galef addressed the Board requesting their help in obtaining more air time on cable. She is concerned about the future of cable. She asked the Board to consider adopting a resolution supporting American Cable Television center or writing a letter to American Cablesystems to pressure them to stop fighting community access. Mr. Weiss, vice-president of the Sleepy Hollow Manor Taxpayers Association addressed the Board and asked they consider asking the Administrator not to leave. Mrs. Remick also addressed the Board on the matter of the Administrator's resignation. She felt that he was faced with many problems when he was hired and felt that he was doing a very good job under those circumstances. Many other residents supported the Administrator, including members of the Philipse Manor Improvement Association. Mrs. Freidner stated that she has a petition with many signatures on it asking that the Board not accept his resignation and she will be getting many sore. She asked that the Board please think about it before they act on his letter of resignation. Mr. Zegarelli asked that a copy of the decision made on the Oleason case be made part of the minutes. Mrs. Stone asked if there was any way that the Village could get money from Mr. Gleason for all the trouble we were put through. The Mayor stated that the bills that were incurred by the Village that were not covered by the insurance company are going to be reviewed by our insurance company's attorney to see if we can be reimbursed some of the money that the Village had to spend on this case. Mr. Galella addressed the Board about the parking lot on Beekaan Avenue. He felt that the Village would be losing money on it because we could not collect enough money to make up the difference between what we pay Luberger and the bank to lease this property. 3 �I The Administrator stated that parking permits, meters, etc. will cover our expenses and we will not be losing money. It is a step in the right direction. Mr. Checchi, chairman of the Parking Authority, stated that he felt that the monies collected should not go into the General Fund to balance the budget. The money is not being used for what it was intended ; that is to improve the parking situation and create additional parking. Much discussion ensued on the Parking Authority funds collected. Trustee Fudali commented that three former board members had supported the Parking Authority but were opposed to releasing the funds to the authority. Mayor Gandolfo closed the public comment were no more comments. section of the meeting since there Mayor Gandolfo stated that in light of all the comments from the public regarding the resignation of the Administrator, the Board would delay any action on his letter of resignation. There was a short recess. Approval of Minutes Trustee Coon made a motion that the minutes of April 6, 1988 on the special public hearing be approved, seconded by Trustee Fudali and carried. Trustee Fine made a motion to approve the budget hearing minutes of April 14, 1988, seconded by Trustee Treacy and carried. Trustee Treacy made a motion to approve seconded by Trustee Fudali and carried. the minutes of April 19, 1988, Communications, Petitions and Requests The Deputy Clerk read a letter from Father Mazza of the Immaculate Conception Church requesting permission to hold their annual bazaar in August. Letter would be referred to the Chief of Police. The Mayor read a letter of resignation from James McGough from the Technical Service Review Board. She asked that a motion be made accepting his resignation. Trustee Caro so moved, seconded by Trustee Hyland and carried. Mayor Gandolfo read a letter from Captain Cardwell on behalf of the Auxiliary Police, thanking the Board for their efforts in obtaining the State grant of $10,000. A bid from Frank Occhipinti for 79 College Avenue was read by the Mayor. would be discussed at a work session. 4 This �I V7/ A letter from Albert deCarvalho on behalf of the Portuguese Club, was read, requesting permission to hold a procession on May 8, 1988. The Mayor asked that a motion be made approving this request. Trustee Hyland so moved, seconded by Trustee Fudali and carried. Mayor Gandolfo reported that she neglected to appoint a deputy mayor at the reorganization meeting, therefore she has appointed Trustee Fudali as Deputy Mayor tonight. Mayor's Report Mayor Gandolfo stated that the insurance company is sending an attorney to Anderson Russell Kill and Olick law firm to look into the Gleason file to see if they are liable for some of the money that the Village had spent. The Mayor reported that on April 30 the Village worked in conjunction with the state in the clean-up of the Aqueduct. The Village hired some young people to clean-up the Aqueduct and then would be reimbursed by the State for payment. Administrator's Report The Administrator reported that he spoke to Jim Hogan, Director of the Westchester County recycling program,with regard to the issues proposed by the County relating to recycling. Their proposals include the curbside recycling of glass, metal and paper. The Village now does curbside recycling of metal and newspaper. Mr. Hogan suggested that our Administrator speak with the Administrator of Tarrytown to work out some sort of joint program and then talk to Mr. Hogan about start up grants which are available from the State and the County for demonstration projects. The Administrator reported that he and the Mayor will be attending a meeting at the Westchester County Department of Planning where there will be preliminary awards on the community block grants. They will find out whether or not our applications were approved, and if so, for how much. Trustee's Reports Trustee Fudali reported that he, the Administrator, Treasurer, Deputy Treasurer will be meeting with a representative of the Department of Finance of Westchester County on Thursday at 10 am. They will review and discuss the cost and concept of forming a consortium with the County regarding health insurance. Trustee Fudali stated we are in the process of reviewing a l l contracts in which the Village i s associated with in any business manor. The concept of this will be three point. First, to formalize all informal agreements with any independent vendors, to tighten all formal agreements, and to insure cost control. Trustee Fine stated that the Police report be made parts of the minutes. 5 �She also reported that the van that was confiscated last year has been given to the Police department justice departmsnt and can be used for s u r v e i l l a n c e . She received a memo from Chief Spota thanking the fire department for t h e i r help during the arrival of Jesse Jackson. She thanked a l l the v o l u n t e e r services plus the police department for a l l their help during his v i s i t . Trustee Fine made a motion to call for sealed bids for a police motorcycle t o be returned on May 27th at 10 AM. Motion seconded by Trustee Treacy and carried. Trustee Fine read the minutes of the regular monthly meeting of the Fire Council held on April 19, 1988. Elected as an active member in Fire Patrol, Michael Timro; elected as driver of Fire Patrol, Richard Dalesandro; driver of Columbia Hose Co. #3, Leonard Rutligan and elected secretary of fire council, John DiCairano. Pocantico H&L requests permission to take their apparatus and the 3 Chiefs cars to Lake George from June 16-19 for the H.V.V.F.A. convention. Trustee Hyland so moved, seconded by Trustee Fudali that the minutes be approved. Motion carried. Trustee Fine reported that the Community Advisory Committee met with Chief Spota's committee and had a very constructive meeting. She commented that even though we are increasing the manpower in the highway department, she would like to see emphasis on maintaining the signs throughout the village. Also, she had asked that the judge to give community service in lieu of a jail sentence in some cases. Trustee Caro reported that the Environmental council will be meeting on May 12 and would hope to have Village participation. Trustee Caro expressed some concern over the van that had been confiscated as to the condition of the van and whether or not it will cost the Village more insurance. Trustee Fine stated that the van is in fairly good condition and the Mayor stated that our insurance will not go up. His main concern was that the Village may find that in a year or two, when the van breaks down,the Village may have to bear the price of a new van. He also urged the Village to be careful not to open itself up to costly expenses down the line. Trustee Treacy reported that on April 29, 1988 he attended a long and unproductive meeting with American Cablesystems and all New York State cable commissions,representatives of the Public Television center and Sandy Galef.The issue was the need for more public cable access time on cable. We are not getting full cooperation from cable companies. He stated that North Tarrytown should designate a separate municipal access channel and access entity which is permitted by the franchise agreement. In doing so, we will be insuring the right to public access of cable television for the residents of our community. He urged the Board to pass the resolution when it comes up. 6 �'/7J Trustee Treacy reported that he received a phone call from the Superintendent of Schools as to whose responsibility it was to keep the Morse parking lot clean. Trustee Treacy stated that it is the Village's responsibility and that the General foreman has been notified. Trustee Hyland reported that in regard to the area leased to the Sleepy Hollow Kitchens, we gained extra parking spaces when we dug out in back of the old sewer plant. Trustee Hyland reported that the sign "Entering North Tarrytown" has been put back up. The signs for no commercial vehicle parking are almost ready to be put up. He also urged the residents to help the highway department by making sure all leaves are bagged and twigs and branches tied in bundles when placed at the curb on Mondays. Trustee Hyland also reported that they are in the process of interviewing for two positions in the public works department. Trustee Coon reported that men's softball league will begin on May 16; seven teams have entered the league. The summer brochure is at the printers and should be ready to distribute by the end of May. Mt. Pleasant pool information is available at Village Hall or the Recreation office. Trustee Coon read the resolution regarding the reassessment. All resolutions are attached. New Business Trustee Fudali read a letter which he sent to Senator Moynihan encouraging the Senate to extend the deadline for illegal aliens to file for temporary residency. Trustee Fudali made a motion that the Board approve this resolution, seconded by Trustee Treacy and motion carried. (Copy of letter is attached) Mayor Gandolfo commented that she would like to call for a Public Hearing to amend our building codes and would like to meet with the new code enforcement officers to discuss this. Trustee Hyland asked that a public hearing be called to discuss alternate parking on Monroe Avenue. Approval of Warrants After a brief discussion, Trustee Caro moved, seconded by Trustee Hyland that the warrants be approved. Motion carried. Trustee Hyland moved, seconded by Trustee Fine that the Board adjourn to executive session. Motion carried. 7 �I Executive Session The Board adjourned t o executive s e s s i o n t o ask the p r o s p e c t i v e code enforcement o f f i c e r s , Robert Stiloski and Robert Solari a few questions. The only concern seemed to be the salary schedule; as to whether i t should be on an hourly or annual b a s i s . Trustee Fine asked Robert S o l a r i if he f e l t comfortable doing t h i s type of work since he may have people harassing him. Mr. Solari stated that t h i s would not bother him. Trustee Treacy asked Robert Stiloski how long he thought i t would take for him to t r a i n Robert Solari? Mr. Stiloski stated that there are courses that he w i l l be taking, plus training outside, so i t i s hard to say exactly how long. Since there were no other questions, the Board returned to regular The resolutions pertaining to the hiring of the two code enforcement were read. (Resolutions are attached). Being no further business, the Mayor adjourned the meeting. Submitted by, Angela L. Everett Deputy Village Clerk 8 session. officers �PUBLIC NOTICE VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Board of Trustees of the Village of North Tarrytown will hold a Public Hearing on Tuesday, May 3, 1988 at 8:00 p.m. on a proposed local law amending Chapter 31-3B of the Code of the Village of North Tarrytown entitled "Indemnification of Employees - Defense of Employees; Section of Counsel" to add the following: (changes underlined) B. Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by the Village Attorney; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the Village Attorney determines, based upon his investigation and review of the facts and circumstances of the case, that representation by the Village Attorney would be inappropriate, or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his choice; provided, however, that an employee shall not be entitled to representation by private counsel of his own choice where the Village has procured an insurance policy covering such employee, which insurance policy obligates the insurance company to defend the employee. The Village Attorney shall notify the employee in writing of such determination that the employee is entitled to be represented by private counsel of his choice. The Village Attorney may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. If the employee or group of employees is entitled to representation by private counsel under the provisions of this section, the Village Attorney shall so certify to the Village Board. Reasonable attorney's fees and litigation expenses shall be paid by the Village to such private counsel from time to time during the pendency of the civil action or proceeding, subject to certification that the employee is entitled to representation under the terms and conditions of this section by the head of the department, commission, division, office or agency in which such employee is employed and upon the audit and warrant of the Village Treasurer. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be resolved by the court upon motion or by way of a special proceeding. ^r �i Copies of said law are available for public inspection in the office of the Village Clerk between 9 a.m. and 5 p.m., Mondays through Fridays. DATED: April 19, 1988 By Order of the Board of Trustees R. Thomas Homan, Administrator/Clerk �¥7? PUBLIC NOTICE VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Board of Trustees of the Village of North Tarrytown will hold a Public Hearing on Tuesday, May 3, 1988 at 8:00 p.m. on a proposed local law, Chapter 4 4A of the Code of the Village of North Tarrytown, to be entitled "Recreation", to read as follows: Pursuant to the provisions of Section 243 of the General Municipal Law a recreation commission is hereby established in and for the Village of North Tarrytown. A. Recreation Commission The Recreation Commission shall consist of seven (7) members, all of whom shall be residents of the Village of North Tarrytown and who shall not hold any other position, elective or appointive, under the municipality. The members shall be appointed by the mayor. The members of the commission first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter, and their successors shall thereafter be appointed to serve terms of years which shall total in number the membership of the commission. B. Compensation of Members Members of such commission shall serve without pay. Vacancies in such commission occurring otherwise than by expiration of term shall be for the unexpired term and shall be filled in the same manner as original appointments. C. Removal of Members A member of the Commission may be removed for the cause upon written charges presented by the governing body of the Village and after notice of such charges and a public hearing thereon. Copies of said law are available for public inspection in the office of the Village Clerk between 9 a.m. and 5 p.m., Mondays through Fridays. DATED: April 18, 19S8 By Order of the Board of Trustees R. Thomas Homan, Administrator/Clerk �PUBLIC NOTICE VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Board of Trustees of the Village of North Tarrytown will hold a Public Hearing on Tuesday, May 3, 1988 at 8:00 p.m. on a proposed local law amending Chapter 62 of the Code of the Village of North Tarrytown entitled "Zoning" to remove Section 62-36.1 entitled "Alternate Members" and to amend Section 62.37 entitled "Organization" as follows: (changes underlined) 62.37 Organization Tiie Board of Appeals shall consist of seven (7) members, all of whom shall be residents of the Village of North Tarrytown and who shall not hold any other position, elective or appointive, under the municipality. Copies of said law are available for public inspection in the office of the Village Clerk between 9 a.m. and 5 p.m, Mondays through Fridays. DATED: April 20, 1988 By Order of the Board of Trustees R. Thomas Homan, Administrator/Clerk �PUBLIC NOTICE VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Board of Trustees of the Village of North Tarrytown will hold a Public Hearing on Tuesday, May 3, 1988 at 8s00 p.m. on a proposed local law amending Chapter 15-3 of the Code of the Village of North Tarrytown entitled "Demolition of Buildings - Required Fees" to change the fee for a demolition permit as follows: 15.3 Fees. Fees for a permit to demolish buildings and structures shall be computed by multiplying the street frontage in feet by the number of stories times one dollar (1.00). In the case of a corner lot, the larger street front shall be used. The minimum fee shall be on hundred fifty dollars ($150.00). Copies of said law are available for public inspection in the office of the Village Clerk between 9 a.m. and 5 p.m., Mondays through Fridays. DATED: April 19, 1988 By Order of the Board of Trustees R. Thomas Homan, Administrator/Clerk �PUBLIC NOTICE VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Board of Trustees of the Village of North Tarrytown will hold a Public Hearing on Tuesday, May 3, 1988 at 8:00 p.m. on a proposed amendment to a local law, specifically Part IV, Subsection 3, of the Code of the Village of North Tarrytown entitled "Subdivision Regulations- Definitions" to read as follows: (changes underlined) Planning Board - The Planning Board of the Village of North Tarrytown, established pursuant to Section 7-718 of the Village Law, shall consist of seven (7) members. The terms of members shall be so fixed that at least one will expire at the end of each official year. Any officials of the Village of North Tarrytown on the Planning Board shall not, by reason of membership thereon, forfeit their right to exercise the powers, perform the duties or receive the compensation of the municipal office held by them during such membership. Any member of the board may be removed by the mayor for cause after public hearing. Copies of said law are available for public inspection in the office of the Village Clerk between 9 a.m. and 5 p.m., Mondays through Fridays. DATED: April 18, 1988 By Order of the Board of Trustees R. Thomas Homan, Administrator/Clerk �TELEPHONE _ ™^—_-^ ^^ (914) 631-0W0 XSZMJ^ RICHARD J. SPOTA ^*SB*^^ Chief of Potter police Htpartmcnf Village of Nnrtl? (feurirtmun. N.$. 10591 POLICE REPORT APRIL 1988 Total Number Charged by Police 1. Arrested 2 . Summoned 104 •/, / 3 / Total Persons Charged with Crimes or Violations? 1. V&T Moving Violations. 2. V&T Non-Moving Violations 3 . Disorderly Conduct 4. Assault 3rd..... 5. Reckless Endangerment 2nd 6 . Robbery 2nd , 7. Assault 2nd , 8. Resisting Arrest...... 9. D.W.I 10. Criminal Mischief 4th 11. Criminal Possession of a Controlled Substance 12. Criminal Possession of a Controlled Substance 13. Trespassing „ 14. Criminal Impersonation 15. Criminal Possession of a Controlled Substance 16. Criminal Sale of a Controlled Substance 3rd 17. Criminal Possession of a Controlled Substance 18. Criminal Sale of a Controlled Substance 5th 19. Criminal Sale of a Controlled Substance 3rd 20. Criminal Possession of a Weapon 4th 21. Criminal Possession of Stolen Property 5th 22. Burglary 2nd Total 23. D.W.I, (felony) 24 . Dof Ordanience Violations' F 47 1 8 1 1 3 4 1 2 1 5th....... 1 3rd 1 1 1 3rd 7 7 7th 8 3 1 1 1 1 104 1 1 �Parking Violations: 1. Metered Parking 2. Other Parking Violations • 3 7 7 ~7 £ / Total Investigations of Investigations of Investigations of Aiding of Injured Reported Felonies Other Complaints Auto Accidents at Accidents 4 220 32 7 263 Total Police Aid to Sick Persons Ambulance Requests Responding to Alarms Arrests on Warrants Missing Persons Other Calls for Assistance , Total Respectfully submitted, Richard J. Spota Chief of Polic 32 22 8 4 4 235 305 �Meeting Date: 5/3/88 Resolution I: 5/056/88 RESOLVED: That, Chapter 31-3B of the Code of the Village of North Tarrytown entitled "indemnification of Employees Defense of Employees; Section to Counsel" be changed to add the following: (changes underlined) B. Subject to the conditions set forth in Subsection A of this section the employee shall be entitled to be represented by the Village Attorney; provided, however, that the employee shall be entitled to representation by private counsel of this choice in any civil judicial proceeding whenever the Village Attorney determines, based upon his investigation and review of the facts and circumstances of the case, that representation by the Village Attorney would be inappropriate, or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his choice; ,provided however, that an employee shall not be entitled to representation by private counsel of his own choice where the Village has procured an insurance policy covering such employee, which insurance policy obligates the insurance company to defend the employee. The Village Attorney shall notify the employee in writing of such determination that the employee is entitled to be represented by private counsel of his choice. The Village Attorney may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. If the employee or group of employees is entitled to representation by private counsel under the provisions of this section, the Village Attorney shall so certify to the Village Board. Reasonable attorney's fees and litigation expenses shall be paid by the Village to such private counsel from time to time during the pendency of the civil action or proceeding, subject to certification that the employee is entitled to representation under the terms and conditions of this section by the head of the department, commission, division, office or agency in which such employee is employed and upon the audit and warrant of the Village Treasurer. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorney's fees shall be resolved by the court upon motion or by way of a special proceeding. MOVED: SECONDED: VOTE: Resolution was tabled. �Meeting Date: 5/3/88 Resolution #: 5/057/88 RESOLVED: THAT, Chapter 15-3 of the Code of the Village of North Tarry town entitled "Demolition of Buildings - Required Fees" to change the fee for a demolition permit as follows: 15.3 Fees Fees for a permit to demolish buildings and structures shall be computed by multiplying the street frontage in feet by the number of stories times one dollar (1.00). In the case of a corner lot, the larger street front shall be used. The minimum fee shall be on hundred fifty dollars ($150.00). RESOLUTION WAS TABLED MOVED: SECONDED: VOTE: Meeting Date: 5/3/88 Resolution #: 5/058/88 RESOLVED: That, Chapter 44A of the Code of the Village of North Tarrytown, to be entitled "Recreation", to read as follows: Pursuant to the provisions of Section 243 of the General Municipal Law a recreation commission is hereby established in and for the Village of North Tarrytown. A. RECREATION COMMISSION The Recreation Commission shall consist of sever (7) members, all of whom shall be residents of the Village of North Tarrytown and who shall not hold any other position, elective or appointive, under the municipality, The members shall be appointed by the mayor. The members of the commission first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter, and their successors shall thereafter be appointed to serve terms of years which shall total in number the membership of the commission. B. COMPENSATION OF MEMBERS Members of such commission shall serve without pay. Vacancies in such commission occurring otherwise than by expiration of term shall be for the unexpired term and shall be filled in the same manner as original appointments. C. REMOVAL OF MEMBERS A member of the Commission may be removed for the cause upon written charges presented by the governing body of the Village and after notice of such charges and a public hearing thereon. MOVED: Resolution was tabled. SECONDED: VOTE: �Meeting Date: 5/3/88 Resolution I: 5/059/88 RESOLVED: That, Section 62.36 of the Zoning Code, entitled "Alternate members" be removed and that 62.37 entitled "Organization" be amended as follows: (Changes underlined) The Board of Appeals shall consist of seven (7) members, all of whom shall be residents of the Village of North Tarrytown and who shall not hold any other position, elective or appointive, under the municipality. MOVED: RESOLUTION WAS TABLED SECONDED: VOTE: Meeting Date: 5/3/88 Resolutions #: 5/060/88 RESOLVED: That, Part IV, Subsection 3, of the Code of the Village of North Tarrytown entitled "Subdivision Regulations - Definitions" be amended to read as follows: (changes underlined) Planning Board - The Planning Board of the Village of North Tarrytown, established pursuant to Section 7-718 of the Village Law, shall consist of seven (7) members. The terms of members shall be so fixed that at least one will expire at the end of each official year. Any officials of the Village of North Tarrytown on the Planning Board shall not, be reason of membership thereon, forfeit their right to exercise the powers, perform the duties or receive the compensation of the municipal office held by them during such membership. Any member of the board may be removed by the mayor for cause after public hearing. MOVED: RESOLUTION WAS TABLED. SECONDED: VOTE : �Meeting Date* 5/3/88 Resolution 15/061/88 RESOLVED: THAT, upon the recommendation of the Village Administrator, Robert S. St il ok si, of 15 Park Avenue, Tarry town, be appointed to the position of Code Enforcement Officer at am annual rate of $12740. Said appointment shall take effect immediate!v end be subject to 6 months probationary period. Be it further resolved, that said position is being funded through a local assistance grant from the New York State Department of Economic Development. MOVED: Trustee Hyland SECONDED; Trustee Treacy VQTE. 6-0 Meeting Date: 5/3/88 Resolution i 5/062/88 RESOLVED: That, upon the recommendation of the Village Administrator, Robert Solari, of 47 New Broadway, North Tarrytown, be appointed to the position of Code Enforcement Officer at an annual rate of $9555. Said appointment shall take effect immediatelv And be subject to 6 months probationary period. Be it further resolved, that said position is being funded through a local assistance grant froir. the Nev: York State Department of Economic Development. MOVED: Trustee Hyland ^SECONDED: Trustee Coon VOTE 6-0 Meeting Date: 5/3/88 Resolution #: 5/63/88 RESOLVED: by the Board of Trustees of the Village of that the village Administrator, R. Thomas Homan, be, to dispose of record item numbers 1 - 419 on Records List Numbver 275VC-16 issued pursuant to section 114 of the Commissioner of Education, and be it further North Tarrytown and hereby is authorized Disposition Request of the Regulations RESOLVED, that the Deputy Clerk be and hereby is directed to furnish a certified copy of this Resolution to R. Thomas Homan, Village Administrator to be forwarded to the Commissioner of Education. MOVED; Trustee Fudali SECONDED: Trustee Treacy VOTE: 6-0 �Meeting Date: 5/3/88 Resolution #: S/064/88 RESOLVED: That, the Agreement between the Village of North Tarry town and Finnegan Associates for Assessment Update Services be amended to reflect a changed in the completion date from January 23, 1989 to January 23, 1990. MOVED: Trustee Coon SECONDED: Trust e e Fine VOTEs �May 3 , 1988 Senator Daniel Moynihan United s t a t e s Senate SR-464 Russel Senate Office Bldg, .Washington, D. C. 20510-3201 £>aar Senator Moynihan? Hay 4 , 1908 i s the deadline for p r e v i o u s l y considered i l l e g a l a l i e n s who have l i v e d in the United S t a t e s s i n c e January 1 , 1982, t o f i l e f o r temporary residency* This w i l l allow then t o l i v e and work in t h e United S t a t e s while they 90 through the process of applying for permanent r e s i d e n c y . The V i l l a g e of Kor^h T'errytovn encourages the Senate to extend t h i s deadline t o Ncvotnber 30, 198^ as the House of Representatives d i d on April 2 0 , 19Cr,. rt i s the contention of the Board of Trustees that our nation w i l l be b e t t e r served by a l l o v i n g i n d i v i d u a l s who are p r e s e n t l y considered to be i l l e g a l , t o take advantage of t h i s unique o p p o r t u n i t y . The process of Aiwsricrtni eat ion s t a r t s with the concept of n a t u r a l i s a t i o n , which we irmet encourage i f wc are t o continue to prosper as a u n i t e d nation. f i n ' c r r l y youre Men: Pu^ali Deputy Mayor AF/fl �I UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THOMAS A. GLEASON, Plaintiff, -against81 Civ. 84 C i v . WILLIAM McBRIDE, PHILLIP ZEGARELLI, JOHN JANDRUCKO, RICHARD SPOTA, THE VILLAGE OF NORTH TARRYTOWN, PAUL RANIERI, VINCENT BUONANNO, JOHN MALANDRINO, THOMAS CAVALIERI, JAMES TIMMINGS, ROBERT PONZINI, JAMES WHALEN, WILLIAM BOOTH, 7400(LLS) 3339(LLS) OPINION AND ORDER Defendants. Plaintiff Thomas Gleason sues the Village of North Tarrytown and several Village officials, claiming that they conspired to and did violate his rights under the United States Ccr.s'iturisr. and the Civil Rights Act, 42 U.S.C. §§ 1983 and claims that the defendants torts against him. commited various 1985. state He also cordon Gleason moves to amend the complain*. law The defendants have made two separate motions for summary judgment:. Gleason1s motion to amend is granted and the complaint, as amended, is dismissed. FACTS Mr. Gleason lived in the Tarrytown, New York, area for over twenty years. He was active in local community affairs and was often critical of local government officials. 1 He wrote letters �i to the editor of the local newspaper and attended meetings of the Village Board of Trustees. In addition, he wrote to various state about and federal agencies alleged improprieties and violations of the law by village officials. The defendants are present and former employees of the Village of North Tarrytown. officials and William McBride is the former Mayor of North Tarrytown and a former Village Trustee. Phillip Zegarelli is the Mayor of North Varrytown and a formerj Village Trustee. Paul Ranieri, Vincent Buonanno, John Malandrino, Thomas Cavalieri and James Timmings are all present or former Village Trustees. Robert Ponzini is the Village Attorney for North Tarrytown and the former Village Prosecutor. John Jandrucko is the former North Tarrytown Chief of Police and Richard Spota is the current North Tarrytown Police Chief. James Whalen and William Booth are North Tarrytown police officers. In March Mayor. New 1977, Gleason ran as a write-in He received fifty-one votes. York State Board of candidate for Gleason complained to the Elections about alleged election improprieties. 1 In January 1978, Gleason was hired Savings Bank as Assistant to the President. by the Eastchester* In August 1978, the bank received an anonymous letter criticizing Mr. Gleason and enclosing a newspaper article reporting convicted of failing to pay parking fines. that he had been The bank received a second anonymous letter in October 1978, again criticizing Mr. Gleason and enclosing a newspaper article that reported that he 2 �had been threatened Trustees meeting. with eviction Gleason claims from that a Village the Board anonymous of letters were written by Police Chief Spota in collaboration with Mayor Zegarelli. The Eastchester Savings Bank fired Mr. Gleason on October 10, 1978. deposition that The President of the bank testified at his the letters did not influence his decision to fire Mr. Gleason. On November 27, 1978, during a public meeting of the North Tarrytown charged Village with disorderly attended Board of Trustees, Gleason disturbing conduct the and meeting the peace harassment. to help an complaint, Mayor McBride Gleason refused to a village Gleason elderly meeting, claims neighbor and that he present a During Gleason f s presentation of complaint about noise control. his of was arrested asked leave. him to Defendants Ranieri, Buonanno, Malandrino, Cavalieri leave the meeting. McBride, Zegarelli, and Timmings voted t: have him arrested. Gleason claims that, prior to the public meeting, the Mayer and the Board members met privately at a restaurant owned by one of the Trustees. He claims that they were overheard to say "We're ready for Gleason tonight" and "We're going to get him." Gleason was tried on the basis of an information filed by Mayor McBride counsel. was represented hy He made a motion to change venue that was granted. He convicted in of February 1979. disorderly Gleason conduct November 29, 1979 and fined $250. 3 after was a bench trial on The charges of disturbing the �peace of a village meeting and harassment were dismissed. Gleason did not appeal the conviction. In September 1979, Gleason Tarrytown Board of Education. was working for the North Defendant Zegarelli sent a letter on official Village stationery to the Board criticizing Gleason. In January 1979, police officer Spota saw an artist's sketch and physical description of a suspect in a Nassau County bank robbery that was being circulated in Westchester County by the Nassau County police. Spota contacted the Nassau County police to report that Gleason matched the description. Nassau County police officers met with defendants Spota and Jandrucko and other Village police surveillance officers. photographs After of the Gleason meeting, which they they showed took to eyewitnesses in a photopack. In February 1979, Nassau police returned to North Tarrytown, met with Spota and proceeded to Mr. Gleason's home. They tcck him to the Nassau County Robbery Squad office, placed him in •». line-up and gave him a polygraph examination. seven hours and released. He was held for No charges ever brought against him,I and no warrant was issued for his arrest. I On March 19, 1980, Gleason was arrested and charged with harassing counsel. Mayor McBride. Gleason was again represented by He was convicted, and on July 3, 1980 he was sentenced to either paying a $250 fine or sweeping the sidewalk in front of each church in the Village on six consecutive Sunday mornings. No appeal from this conviction was ever perfected. 4 �On May 17, 1981, Christine Fiala filed a complaint charging Gleason with harassing her son Lanning, who was a minor. Fialas claimed Lanning. that Gleason was verbally The abusive and spat at Gleason was arrested on the basis of the complaint without an arrest warrant being issued. represented by counsel. Gleason was once again He made a motion for a change of venue that was denied by the Village Justice and by the County Court. On December 3f fined $75. 1981 he was convicted after a bench trial and He filed a notice of appeal but never perfected the appeal. In late 1981, the owners of the Van Tassel Apartments, where Gleason had lived for over twenty years, brought an action tc evict him. They alleged that he had breached keeping a dog in his apartment. on December 1, 1981. his lease by An order of eviction was issued Gleason's appeal of the order was dismissed on April 28, 1982. PROCEDURAL HISTORY Mr. Gleason filed his first federal action on November 27, 1981 ("Gleason I"). The Gleason I complaint sought damages for violations of his civil rights in connection with his arrest ar.d conviction after the Village Board Meeting. The Gleason 1 complaint named as defendants Mayor McBride, Trustees Ranieri, Buonanno, Zegarelli, Malandrino, Cavalieri and Timmings, Village Attorney Ponzini, Officer Jandrucko, and the Village of North 5 �Tarrytown, along with several other defendants who have since been dismissed from the action. The original complaint was never served on the defendants. Judge Duffy placed the action on the suspense calendar on May 5, 1982 because no proof of service had been filed. complaint. On November 29, 1982 Gleason The amended complaint was filed not an amended served on the defendants until September 1985. Gleason filed ("Gleason II"). his second action on January 29, 1982 The Gleason II complaint sought damages for violations of his constitutional and civil rights in connection with his complaint arrest named for the Nassau County bank robbery. The the Village of North Tarrytown, Police Chief Spota and Officer Jandrucko. It was served on September 7, 1982. Gleason II was discontinued with prejudice by a stipulation and order dated July 18, 1984. Judge Leval denied Gleason's motion to vacate the stipulation on January 9, 1987, and dismissed his further action to reopen the action on October 9, 1987. Gleason filed his third action on May 11, 1984 ("Gleason III"). The Gleason III complaint named Chief Spota, officersI Whalen and defendants. Booth and the Village of The complaint charged that North they Tarrytown had as' violated Gleason's civil rights in connection with the Fiala harassment incident, Gleason I and Gleason III were consolidated and a Consolidated Amended Complaint was filed on March 10, 1986. Gleason's proposed Second Consolidated and Amended Complaint contains eight 6 �t/5s counts. Count I alleges violations of Gleason's rights under the first, fourth, mendments to Gleason fifth, sixth, the United alleges that ninth, tenth and States Constitution. his rights to fourteenth Specifically, free speech, freedom of assembly, freedom from arrest without probable cause, privacy, equal protection of the laws, due process of law, employment of choice free arrests, from counsel, government fair and stigma, freedom impartial trial from warrantless of civil claims, access to the courts and to his day in court have been violated by the defendants. Count II alleges that the defendants conspired to violate the civil rights laws, 42 U.S.C. §§ 1982 and 1985, and that they engaged in a rights violations- cover-up of the civil Count III alleges tortious interference with contract and employment. Count IV alleges tortious interference with Gleason's career and prospective economic advantage and due process violations. Count V alleges intentional infliction cf emotional distress. Count VI alleges violations of Gleason's right to privacy. Count VII alleges prir?,a facie tort. VIII alleges libel per se. Count In addition, Gleason alleges that there was fraudulent concealment of the facts with regard to the anonymous mail sent to his employer. 7 �DISCUSSION I. Amendment o f t h e Complaint Pule 15(a) of t h e Fed. R. C i v . P. s t a t e s t h a t l e a v e t o amend a pleading Therefore, II. "shall be freely given when justice so requires." G l e a s o n ' s motion t o amend t h e complaint i s g r a n t e d . Constitutional Claims In Count I of his Second Consolidated and Amended Complaint, Gleason seeks monetary damages from the defendants for violations of his constitutional rights. A direct action for damages for a deprivation of constitutional rights was first allowed in Bivens v. Six Unknown Named Aaents of Federal Bureau of Narcotics . 4C3 U.S. 388, 31 S. Ct. 1SSS (1971). However, a Bivens action for direct relief under the constitution may be maintained only where no other "equally effective or adequate" rer.edy exists. Carlson v. Green, 446 U.S. 14, 18-19, 100 S. Ct. 1468, 1471 (1980). The availability of a § 1983 action precludes an action for direct relief under the constitution. 427 (2d Cir. 1979); Turpin v. Nailet, 591 F.2d 426, Williams v. Bennett, 689 F.2d 1370, 1290 (11th Cir. 1982), cert, denied. 464 U.S. 932 (1983); Tarpley v. Greene, 684 F. 2d 1, 10-11 (D.C. Cir. 1982); Ward v. Caulk. 650 F.2d 1144, 1147 (9th Cir. 1981). All of the claims that Gleason raises in Count I can be, and 8 �<^7 have been, pleaded as violations of 42 U.S.C. § 1983. Therefore, Count Z is dismissed in its entirety. charges that the defendants' In addition, Count IV actions interfered with his constitutional right not to be punished by governmental action without due process of lav. III. This claim is also dismissed. Civil Rights Claims A. Section 1985 Gleason alleges that the defendants have conspiracy to deprive him of his civil rights. engaged in a 42 U.S.C. § 1985(2) provides a right of action if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws. Gleason also relies on 42 U.S.C. § 1985(3), which provides thar a right of action accrues If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws. These two subsections allow a right of action only when the defendants intend to injure the plaintiff because he is a member of a group which Congress intended to protect, and not because of 9 �any personal animosity against him. United Brotherhood pf Carpenters and Joiners v. Scott. 463 U.S. 825, 103 S. Ct. 3352 (1983); Griffin v. Breckenridae. 403 U.S. 88, 91 S. Ct. 1790 (1971); Keating v. Carev. 706 F.2d 377, 385-86 (2d Cir. 1983). "The intended victims roust be victims not because of any personal malice the conspirators have toward them, but because of their membership in or affiliation with a particular class." Scott. 463 U.S. at 850, 103 S. Ct. at 3367. The Second Circuit has held that political parties are protected groups within the meaning of § 1985. Keating. 706 F.2d at 388. Mr. Gleason has not sustained his burden of showing that he is a member of a protected group and that the conspiracy that he alleges was directed against him as a member of such a group. Mr. Gleason politics." identifies himself as "an Independent in Village Although he ran as a write-in candidate for mayor, he dees not allege that he is a member of any organized political group. Therefore, Gleason's § 1985 claim is dismissed pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. B. 1. Section 1983 Statute of Limitations Section 1983 limitations period claims must be commenced within for personal injury actions. 10 the state 42 U.S.C. § �1988; Wilson v. Garcia. 471 U.S. 261, 266-67, 105 S. Ct. 1938 (1985). New York has a three year limitations period for personal injury actions, N.Y. C.P.L.R. § 214(5), which applies to civil rights actions that accrued in New York. Okure v. Owens. 816 F.2d 45 (2d Cir. 1987). A § 1983 claim accrues at the time the plaintiff knew or should have known of the injury which is the basis of the action. Pauk v. Board of Trustees of City University of New York. 654 F.2d 856, 859 (2d Cir. 1981), cert, denied, 455 U.S. 1000 (1982); Singleton v. City of New York. 632 F.2d 185, 191 (2d Cir. 1980), cert, denied. 450 U.S. 920 (1981); Kaiser v. Cahn, 510 F.2d 282, 285 (2d wrongful Cir. 1974). acts, In each a claim § 1983 must action be involving analyzed separate separately to determine when it accrued and when the limitations period ran. Singleton, 632 F.2d at 192; Rodrioues v. Village of Larcr.nonr. 603 F. Supp. 467, 477 (S.D.N.Y. 1985). The running of the statute of limitations is not tolled by the existence civil of rights a conspiracy that to continued deprive after a the plaintiff expiration limitations periods on the individual claims. of of his the "To permit him to wait and toll the running of the statute simply by asserting that a series of separate wrongs were committed pursuant to a conspiracy would be to enable him to defeat the purpose of the time-bar, which is to preclude claims." Singleton. 632 F. 2d at 477. 11 the resuscitation 192; Rodriaues, of stale 608 F. Supp. �Son, Inc. v. Globe Indemnity Co.. 23 F.R.D. 275, 278 (S.D.N.Y. 1959); Netter v. Ashland Paper Mills. Inc.. 19 F.R.D. 529, 531 (S.D.N.Y. 1956). Gleason's claims arising out of his arrest at the Village Board Meeting are untimely because he did not use due diligence in serving the defendants. The original Gleason I complaint, which was filed on November 27, 1981, was never served on any of the defendants. 29, 1982. Gleason filed an amended complaint on November The amended complaint was served on the defendants on September 16, 1985, nearly seven years after the wrongful acts complained of. Gleason's claims arising from his arrest at the Village Board Meeting are, therefore, dismissed as untimely. c. Zegarelli's Letter to the Board of Education, Harassment of Mayer Mc3ride, Harassment of Lanning Fiala and Eviction Gleason first raised claims in connection with the letter sent to the Board of Education by Mayor Zegarelii, his convictions for harassing Mayor McBride and Lanning Fiala and his eviction from his apartment in his Consolidated Complaint, which was filed on March 10, 1986. in connection with the Zegarelli letter Amended Gleason's clairr. accrued in 1979. Although Gleason claims that the defendants engaged in fraudulent concealment of the anonymous letters sent to the Eastchester Savings Bank, Mayor Zegarelli's identity as the author of the letter to the Board of Education was never concealed. claim in connection with his conviction 13 Gleason's for harassing Mayor �I McBride accrued no sentenced connection on the with later than July McBride his harassment conviction for 3, 1980, the day he was charge. harassing His claim Lanning in Fiala accrued no later than December 3, 1981, the date that he was convicted of the Fiala harassment charge. His claim in connection with the eviction accrued no later than December 1, 1981, the date of the order of eviction. Since none of these claims were raised within the three year statute of limitations, they are time-barred as a basis for § 1983 liability. 2. Color of State Law Gleason alleges that defendants Spota and Zegarelli were responsible for the anonymous letters received by his employer, the Eastchester Savings Bank. However, anonymous letters cannot be the basis of § 1983 liability. A defendant must have acted under color of state law for there to be liability under § 1982. Section 1983 provides that Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and lavs, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. The color of state law requirement is satisfied only when the defendant has misused his position to deprive the plaintiff of his civil rights. In other words, "the 'color of state law' 14 �inquiry centers on whether a person who is affiliated with a state government or its political subdivision has used position to deprive another of his constitutional rights." his Colon v. Lomelo. 575 F. Supp. 664, 667 (S.D. Fla. 1983). Assuming for purposes of this motion that Spota and Zegarelli werre responsible for the anonymous letters, the fact that they were sent anonymously precludes a finding that they were acting under color of state law at the tiine they sent the letters. Therefore, Gleason's § 1983 claim based on the anonymous letters is dismissed under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. 3. Res Judicata The only remaining claims that Gleason raises under § 1983 are his County claims in connection with his arrest bank robbery. These claims were the for the Nassau subject of the Gleason II complaint, which was discontinued with prejudice by a stipulation and order dated July 18, 1984. motions to vacate the stipulation Judge Leval denied and to reopen the action. Therefore, under principles of res judicata, the bank robbery arrest cannot be the basis for § 1983 liability in this action. See. e.g., N.L.R.B. v. United Technologies Corp.. 7 06 F.2d 1254, 1259 (2d Cir. 1983). All of Gleason's claims under § 15 1983 are barred by the �JT&3 statute of limitations, res judicata, or the requirement that the actions were done under the color of state lav. Therefore, Count II of the Second Consolidated and Amended Complaint is denied in its entirety. IV. State Law Claims The remaining counts in the Second Consolidated and Amended Complaint allege state law intentional torts. based on 28 U.S.C. §§ 1331 and 1343. Jurisdiction is Since all of the federal claims have been dismissed, the pendent state law claims must be dismissed since no independent jurisdiction over them is alleged. basis of subject matter Abrams v. Carrier Corp. . 434 F.2d 1234 (2d Cir. 1970), cert, denied. 401 U.S. 1009 (1971); see also United Mine Workers of America v. Gibbs. 383 U.S. 715, 86 S. Ct. 1130 (1966) . CONCLUSION Gleason is given leave to file the Second Consolidated and Amended Complaint. As amended, the complaint is dismissed under Fed. R. Civ. P. 12(b) for failure to file within the statute of limitations, for failure to state a claim upon which relief may be granted, and for lack of subject matter jurisdiction. Dated: New York, New York April 22, 1988 LOUIS L. STANTON U. S. D. J. 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-1988 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_1988-05-03 Subject The topic of the resource Board of Trustees Minutes-1988 Date A point or period of time associated with an event in the lifecycle of the resource 1988 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text