https://sleepyhollow.localarchives.org/files/original/efe9613bd7413ba2ba30d3ce61a212a2.pdf 8c6041934173bd67b6b4fc6735f757c8 PDF Text Text I \ A Regular Public meeting of the Board of Trustees of the Village of North Tarrytown was held on May 17, 1988 at 8:00 PM. Present: Also Present: Absent: Mayor Gandolfo Trustee Fudali Trustee Fine Trustee Caro Trustee Treacy Trustee Hyland John Hughes, Jr. Village Attorney Trustee Coon F. Thomas Homan, Administrator Mayor Gandolfo called the meeting to order with a pledge to the flag. Mayor Gandolfo and Mary Zimmermann, Recreation Superintendent presented awards to the students who were winners of the Litter Campaign Contest. The first prize was $50, the second was $25. and the third was $20. Two honorable mention certificates were also given out. Mayor Gandolfo read the following Public Notice: Please take notice that the Board of Trustees of the Village of North Tarrytown will hold a Public hearing on Tuesday, May 17, 1988 at 8 PM to amend Section 57-7 of the Vehicle & Traffic Law. Said amendment will provide restricted parking for two spaces in front of St. Teresa's Church on Beekman Avenue on weekends. There were no comments from the public on the hearing, therefore, the Mayor asked that a motion be made to close the public hearing. Trustee Fine so moved, seconded by Trustee Fudali and carried. Mayor Gandolfo read the following Public Notice: The Palmer Avenue bridge will be closed for an estimated five month period beginning in November, 1988. The hearing will be concerned with a proposed temporary parking ordinance. During reconstruction of the Palmer Avenue bridge, the parking area for vehicles displaying railroad station parking permits issued by the Village of North Tarrytown is extended to include: Monroe Avenue, between Kelbourne and Palmer, both sides. The Mayor commented that this hearing was second of two informational hearings that were held in regard to parking during the reconstruction of the Palmer Avenue bridge. Monroe Avenue was not included in the first hearing, therefore we are having this hearing tonight. 1 �b One resident, Mrs. Pierson of Philipse Manor, commented that she attended the first hearing and that it was her understanding that parking would be allowed on Kelbourne, Palmer, Highland and extended to Monroe. That would include not only those with station stickers, but also PMIA and Sleepy Hollow Beach Club stickers and all the stickers that are permitted to park on the Eagle side for just this period of time. Mayor Gandolfo stated it would be that way but that it just wasn't printed in the notice. She commented that she had asked the Chief of Police if he had any objections to Monroe between these streets and when he got back to the Board, they would proceed on that. Mario DeFelice asked if they had considered not only alternate sides, but snow clearing. The Mayor stated that this would be a problem, but that they would have to clean the streets either f i r s t thing in the morning or later in the day. Being no further comments on the public hearing, Trustee Hyland made a motion to close the public hearing, seconded by Trustee Fine and carried. Public Comments Mrs. Vydareny asked i f the Village could look into adopting a pooper scooper law like Tarrytown did recently. The Mayor stated that the Board will look into this matter. Mr. Galella asked the Mayor if the Board was going to accept the Administrator's resignation. She responded in the affirmativeMr. Caetano asked the Board to look into the possibility of making Lawrence Avenue a one-way street because it i s so narrow and many cars are being sideswiped and to also change the hours for alternate side parking to conform with the rest of the streets in the Village. The Mayor commented that she f e l t the reason this street was never made a one-way s t r e e t was because the fire department would not be able to gain access to the street very easily. Trustee Fine stated that when the Beekman Avenue parking lot was completed, the residents of Lawrence Avenue could be given the f i r s t chance to get stickers to park there. On the subject of the resignation of the Administrator, there were members of the PMIA present who presented a l e t t e r to the Mayor supporting the Administrator. There were also other residents present who supported the Administrator. Several residents asked what was being done to find a replacement? The Mayor said a search committee is being set up to help the Village find one. Mrs. Pierson asked the Mayor if someone from the PMIA could be on the committee? The Mayor replied yes. 2 �•S>6& Several residents asked when certain streets in the Manors were going to be paved. The Mayor replied that the Village is going to advertise for bids for the reconstruction and resurfacing of various streets throughout the Village. The Village crews would be doing the smaller jobs. Being no further comments, the Mayor closed the public comment section. Approval of Minutes Mayor Gandolfo asked that a notion be made to approve the minutes of April 28. Trustee Treacy so moved, seconded by Trustee Fudali and carried. The Mayor asked that a motion be made to approve the minutes of May 3. Trustee Treacy so moved, seconded by Trustee Fudali that the minutes be approved with minor corrections. Communications, Petitions & Requests The Mayor read a letter from Mary Zimmermann, Recreation Superintendent commending Officer Checchi and Detective Sergeant Caixero for their fine work in recovering the park equipment which was stolen from the Douglas Park shed on May 4, 1988. Letter to be made part of their personnel file. The Mayor read a letter from Stephen Maceyak, owner of the Bridgeview Inn, thanking the Board for the institution of the new sign and awning program. Mayor Gandolfo read a letter from a resident, Harrie F. Lewis , in support of Sandy Galef's request for help in dealing with American Cablesystems on local access. The Mayor read a letter from Anderson Russell Kill & Click,P.C. stating that Gleason will be appealing the decision made by the Judge on the lawsuit. The Mayor read a letter of resignation from the Zoning Board from Stephen Sturgill. Trustee Fine made a motion to accept with regrets, seconded by Trustee Treacy and carried. The Mayor read a letter of resignation from the Technical Service Review Board from Jim McGough. Trustee Fudali so moved, seconded by Trustee Fine to accept with regrets. Motion carried. Mayor Gandolfo received a letter from Velzy Associates with regard to the Duracell work plan. (copy attached) A letter was received by Chief Spota from the principal of Sleepy Hollow High School praising our police officers for their cooperation and support to their many needs. Treasurer's Report The treasurer reported that this year we will be well within the budget as far as appropriations are concerned. 3 �Trustee's Reports Trustee Fudali reported that on May 12, there was a meeting of the Westchester County Village Association which Trustee Treacy attended in his place. This was an informational hearing with regard to the consortium the Villages are considering joining as an a l t e r n a t i v e to the Empire Plan. The items of interest are the County Executive who would administer the plan, there would be a Board of Directors which shall be appointed by the administrator to advise and make recommendations pertaining to the plan; the i n i t i a l r a t e s which are $105.25 for s i n g l e and $265.75 for family are expected to be enforced for a period of 13 months. This plan w i l l incorporate V i l l a g e s , Towns, and Cities and any funds which will be advanced by the County will be interest free. Another meeting will be held on May 24, 1988. Trustee Fudali reported that the Village i s now in the process of networking our automation system. Trustee Fine reported that the COC held a meeting on May 12 and she presented a fund raising plan to raise $100,000; 70% from corporate donors and 30% from individual donors. The f i r s t step towards moving in that d i r e c t i o n i s to expand the COC Board and to attract key people to get on the Board such as representatives of corporations interested in helping the COC. Also, getting an informational booth at the Antique Fair in Tarrytown the end of May. The major problem with the COC i s g e t t i n g new s t a f f on board which can supervise programming. Trustee Fine reported that the Chief i s looking into a l t e r n a t i v e s to the loading and unloading zone in front of the high school and she has a l s o discussed with him the p o s s i b i l i t y of a ticket amnesty program. Trustee Fine read the following action which was approved at the regular monthly meeting of the Fire Council held on May 10. Ronald Keesler was e l e c t e d to active membership in Rescue Hose, Patrick Tornello transferred to associate membership, exempt c e r t i f i c a t e s were given to John Vydareny and Doug DiCairano, and Columbia Hose requests permission to take their apparatus and three chief cars to Mahopac for a parade on July 7. Trustee Fine made a motion to accept t h i s action, seconded by Trustee Treacy and motion carried. Trustee Fine commented that she was very disappointed when she received the status report from the Administrator that neither the Police department or the Fire department i s on this report. She stated that this should not be taken mildly and that this i s indicative of the lack of implementation seen to those two departments in the past year. Trustee Caro reported that at the meeting of the Environmental Council, the representative from the Department of State was present and spoke about the s t a t e ' s waterfront program. The members of the Council felt that i t would be useful for the Village to p a r t i c i p a t e in the program which provides the community with stronger leverage in dealing with development proposals, particularly those that involve other units of government. 4 �Set Trustee Caro told the Board that he will he leaving the Board of Trustees as of June 1 because he will be starting a new job in Boston. He stated that he i s sorry to be leaving at a time when many matters will s t i l l be l e f t undone. Some of these matters are the disposition of 79 College Avenue, Non-Conforming Use Committee which no longer e x i s t s and he would hope the Village would take a look at changing the d e f i n i t i o n of family in r e l a t i o n to accessory apartments,from two to five persons. He also commented that there are many tough, long range issues that are a matter of great concern to him. Mayor Gandolfo wished Trustee Caro good luck in his new job. Trustee Treacy reported that on May 11 the Senior Community Coalition announced that t h e i r group intends to increase their good works in the Tarrytowns. This organization helps senior c i t i z e n s with t h e i r shopping chores, daily tasks, meal preparations, assisting with f i l l i n g out forms, e t c . This group i s associated with the Marindales. Trustee Treacy stated that i t has come to his attention that people do not know what to do with construction debris when they do their own renovations on their homes. The Village does not pick up this type of material and therefore, residents murt dispose of t h i s themselves. There i s a dump in Ossining on route 134 that they can bring their construction debris t o . There i s a small fee of $15/yard which i s roughly a truck load f u l l . Trustee Treacy commented that Public Television Center on Hudson has been experiencing problems working with the American Cablesystems in providing public access programming for our area. There will be a meeting of the Friends of Public Television Center on May 18 at 8 PM in the Neighborhood House in Tarrytown. They are a volunteer group that has devoted themselves to our community and they need our support. Trustee Treacy made a motion that the Board adopt the resolution to designate separate municipal access channel. Trustee Fine seconded the motion and motion was carried, (copy of complete resolution attached) Trustee Hyland made a motion to hire Robert Pell to the position of Highway Laborer at an annual salary of $23,730. effective June 1, 1988. Mr. Pell will be transferring from the Recreation Department. Said appointment i s subject to a six month probationary period which may be extended at the descretion of the Board. Trustee Fudali seconded the motion and motion carried. Trustee Hyland made a motion to hire Reggie Cardwell. Jr. to the position of Sanitation Man at an annual salary of $23,730. effective June 1, 1988. Said appointment i s subject t o a s i x month probationary period which may be extended at the descretion of the Board. Trustee Fine seconded the motion and motion carried. Trustee Hyland reported that all the missing signs throughout the Village have been replaced and the No Commercial Vehicle parking sign has been posted. Many potholes have been f i l l e d . 5 �Resolutions All resolutions are attached. Old Business Mayor Gandolfo reported that the Rezoning Committee has met with our Planning consultants and will be making a recommendation t o the Village to rezone Hudson Street and certain surrounding areas. In order to do anything with this proposal, a public hearing must be held, therefore, the Mayor asked that a motion be made calling for a public hearing on June 21. Trustee Caro so moved, seconded by Trustee Fine and motion carried. Mayor Gandolfo asked that a motion be made to call for a public hearing on June 21 to set up an Architectual Review Board. Trustee Hyland so moved, seconded by Trustee Fudali and carried. Trustee Fudali commented that Trustee Coon, at the last Board meeting, raised a question that if we designate a municipal access channel,that there may be a question of l i a b i l i t y to the v i l l a g e . The letter that was received in the packet states that since they are considered a volunteer group they were to be insured under our umbrella policy. Approval of Warrants Trustee Treacy moved that the warrants be approved, seconded by Trustee Fine and motion carried. Mayor Gandolfo asked that a motion be made to move to Executive Session to discuss the Gleason litagation, Police contract and personnel matter regarding the Administrator's resignation. Trustee Hyland moved, seconded by Trustee Caro and carried. Executive Session The Mayor stated that the Board would adopt a resolution confirming the concept of the agreement between the Village and police. She also stated that the agreement hasn't been put in draft form yet, but our attorney and John Henry w i l l get together and draft the contract. John Hughes, our V i l l a g e Attorney, read the following resolution: It i s hereby resolved that the Board of Trustees will enter into a c o l l e c t i v e bargaining agreement with the North Tarrytown Police Benevolent Association for the period 6/1/87 through 5/31/90 under the following terms and conditions: 1. The Village Attorney w i l l Agreement. prepare and review the language of 6 the �^vfc 2. The Mediator's Recommendations, as found in letters dated July 25, 1987 and August 4, 1987 will be incorporated into the agreement with the exception of the following: A. Commencing 6/1/89, the number of holidays will be increased by one, for a total of 13 holidays. B. Uniform allowances shall be increased by $50 on 6/1/88 and again on 6/1/89. If a member expends $50 over his allowance, the overage shall be applied to the subsequent year's allowance. 3. The annual salaries for members hired after June 1, 1987 shall be as set forth as follows: Salaries for those hired after June 1, 1987: 1987/88 (6%) 1988/89 (6%) 34,817. 31,113. 27,409. 23,704. 20,000. PO I II III IV V 36,906. 32,680. 28,453. 24,277. 20,000. 1989/90 (6.5%) 39,305. 34,479. 29,653. 24,826. 20,000. The annual salaries for members hired before June 1, 1987 shall be set forth as follows: IER I 6/1/8 (Present) 6/1/87 PO IV (25,548.) III (23,112.) II (30,776.) I (32,846.) 28,706. 31,587, 34,580. 36,906. 27,080. 27,799. 32,623. 34,817. 6/1/89 30,572. 33,640. 36,828. 39,305. Prior to May 31, 1987. Trustee Fudali stated that even though he was going to vote for the contract, he was against grandfathering the employees in the police force, which will be setting a precedence in which future negotiations will be based on the fact that we have grandfathered previous o f f i c e r s , why not future. Trustee Hyland made a motion t o adopt the resolution, seconded by Trustee Fine. Trustees Fudali, Fine, Hyland, Treacy and Mayor Gandolfo voted YES. Trustee Caro voted NO. Motion carried. Mayor Gandolfo commented that the next item was the Gleason case. She stated that they have f i l e d an appeal. John Hughes reported that they have filed two notices of appeal. Under federal c i v i l practice, i t i s now possible for the V i l l a g e to make a motion before the judge which would award to us as defendants, legal fees against the plaintiff and the p l a i n t i f f ' s attorney. 7 �Mayor Gandolfo stated that one of the main reasons the case was dismissed was because Gleason was barred by the statue of limitations. The chances of an attorney getting the decision reversed on an appeal are very slim. Trustee Fine made a motion to authorize Anderson Russell R i l l & Olick t o pursue an application for an award of attorney's fees against the p l a i n t i f f and the p l a i n t i f f ' s attorney. The fees paid to Anderson Russell Kill & Olick for legal work in connection with this motion, were to stay in the v i c i n i t y of $5000. Trustee Treacy seconded the motion and motion carried. Mayor Gandolfo asked that a motion be made accepting the Administrator's resignation pursuant to the terms in the confidential memo that the Board members received. Trustee Fine so moved, seconded by Trustee Hyland and motion carried. The Mayor adjourned the executive session and returned to regular session. Mayor Gandolfo asked that the Board approve the retainer agreement with John Hughes, our v i l l a g e attorney. Trustee Hyland made a motion to adopt the retainer agreement, seconded by Trustee Treacy and motion carried. There being no further business of the Board, the Mayor adjourned the meeting. Submitted by, , Angelr L. Everett Deputy Village Clerk 8 �Meeting date: 5/17/88 Resolution f: 5/65/88 RESOLVED; That, the Clerk be authorized to advertise for bids for t h e r e c o n s t r u c t i o n and resurfacing of various s t r e e t s i n the V i l l a g e . Said bids w i l l be r e t u r n a b l e F r i d a y , June 10 at 10AM, where they w i l l be publicly opened and read aloud. w^rrn Trustee Fudali MOVED: «._„„___ SECONDED: Trustee Fine _„,_, VOTE: 5-0 Meeting date: 5/17/88 Resolution #: 5/66/88 RESOLVED: That, t h e Clerk be a u t h o r i z e d to a d v e r t i s e for bids for t h e reconstruction of curbs and sidewalks at locations throughout the V i l l a g e . Said bids will be returnable on Friday, June 10, 1988 at 10AM, where they w i l l be publicly opened and read aloud. MOVED: Tr u s t e e Treacy SECONDED: Trustee Fine Meeting date: Resolution #: VOTE: 5-0 5/17/88 5/67/88 RESOLVED: That, the Mayor be authorized to sign an agreement between the V i l lage of North Tarrytown and S.P.C.A. of Westchester,Inc., for the period June 1, 1988 through May 31, 1989. MOVED: Trustee flyland SECONDED: T r u s t s mn» 1 VOTE: s-n �Meeting Date: 5 /17/88 Resolution It ' 5/68/88 RESOLVED: That* Section 62.36 of the toning Cod*, e n t i t l e d e A l t e r n e t s fc •embers bo romoved and t h a t 62.97 e n t i t l e d "Organisation* bo amended •a follows: (Changes underlined) The Board of Appeal a aha 11 c o n s i s t of seven (7) members, a l l o f vhon shall be residents of tho Village of North Tarrytown and who (shall not hold any other position, o l o c t i v o or appointive, under the sjunlolpolity. MOVED; T r u s t e e Treacy SECONDED: Trustee Fudali yoret 4-2 Trustees Fudali, Fine* & Treacy and Mayor Gandolfo voted YES. Hyland and Caro voted NO. Trustees Meeting Date: -.5/17/88 Resolutions i:5/69?88 RESOLVED: That, Part XV, Subsection 3, of the Code of the V i l l a g e of North Tarrytown e n t i t l e d "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 Lew, s h a l l c o n s i s t of seven (7) members. The terms of members shall be so fixed that at least one w i l l expire at the end of each o f f i c i a l year. Any o f f i c i a l s of the Village of Kcrth Tarrytown on the Planning Board shall not, be reason of membership, thereon, f o r f e i t their right to exercise the powersf perform the duties or receive the compensation of the municipal o f f i c e held by them during such rrer.ber ship. Any rr.er.ber of the board may be removed by the mayor for cause after public hearing. y,0\'ED: Trustee Fudali SECONDED: Trustee Fine Trustees Fudali, Fine & Treacy and Mayor Gandolfo voted YES. Hyland and Caro voted NO. A brief discussion followed. VOTE; ^" 2 Trustees �I ^ / / Moetioa ©ate* '5/17/8* to sol ot loo • i 5/70/88? ftSSOLVKJOt W A T , Chapter 15*9 of the Code of the Villa?* of north tarrytown entitled "ftooolltioR of Buildings - Peguired Fees* to change the foe for a demolition permit as follow*: 15.3 Fees Fees for a permit to demolish buildings and structures shall bo computed by multiplying the strett frontage In feet by the number of stories times one dollar (1.001. In the case of a corner lot, the larger atreet front shall be used. The minimum fee shall be on hundred fifty dollars C$150.00). MOVED : SECONDED: RESOLUTION WAS TABLED. VOTE s Meeting Date: 5717/88 Resolution #: "5/-7-l'/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. RECREATIOW COMMISSI OH The Recreation Corxissior. shall consist of se\ex (7) members, all of vhor. 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 r<erJter shall expire annually thereafter, and their successors shall thereafter be appointed to serve terrs cf years which shall total in number the membership of the commission. B. O0MPEMSATIOW OP MEMBERS Men&ers 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 OP MEMBERS A menJ>er of the Commission may be ren.oved 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: Trustee Fudali SECONDED: Trustee Fine VOTEs Trustees Fudali, Fine & Treacy and Mayor Gandolfo voted YES. Trustees Caro and Hyland voted NO. �Meeting Date: 5/17/88 Resolution #: 5/72/88 RESOLUTION TO DESIGNATE SEPARATE MUNICIPAL ACCESS CHANNEL The intention of this resolution is to secure for the Village of North Tarrytown (the "Village") the ability to administer, operate and transmit from one of the access channels designated in the operating franchise contract between American/Continental Cablesystems (the "Company") and the Village. Furthermore, this resolution will provide to the residents, local organizations and educational institutions of the Village the unfettered use of a separate access channel which will be dedicated by the Village in public trust for public use for now and for the future. WHEREAS: The points of origination, in conjunction with the municipal access channel identified in the franchise contract, shall be designated by the Village. (Franchise Contract section (i)) There will be a live, 24 hour per day, seven days per week audio-video feed from a single origination point, as designated by the Village in the school system; and from a single building in the Village designated by the Village; WHEREAS: There are three access channels Public, Educational and Governmental designated for those purposes and representing those specific groups identified in the operating franchise contract. (Franchise Contract sections (f), (i), (ii) , (iii) ) The Company shall have and make at least one separate access channel available for each of the following purposes: (i) government, for use by the Village as it may at any time and from time to time elect; (ii) public, for use by any member of the public who so elects, on a first come first served basis; (iii) education, for use by public schools within the Area School System as they may at any time and from time to time elect; WHEREAS: A significant number of programming hours are being generated by the local residents, organizations, educational institutions and the Village through a voluntary access organization based in the Tarrytowns. Therefore, this growing need for channel availability now makes it incumbent upon the Village to secure a separate access channel for its programming and administrative use. 1 �WHEREAS: The proposed Mew York State Commission on Cable Television "Minimum Standards for the Designation and Use of Channel Capacity for Public, Educational and Governmental Access", supports the operating franchise and the Village's right to administer the use of the access channels. In consideration of the aforementioned statements; 1. It is hereby resolved that the Village of North Tarrytown will secure for its residents a separate Municipal Access Channel to be administered and operated by the Village, and its appointed organization. To accomplish the designation of a separate Municipal Access Channel for municipal use, the Village hereby notifies the cable television franchisee, American/Continental Cablesystems and the New York State Commission on Cable Television that Public, Educational and Governmental Access Channels are to be clearly identified, each to its separate purpose and that one of those separate Access Channels shall be designated for Village administration and transmission from the points of origination specified by the Village. 2. It is hereby further resolved that the local voluntary access organization, Public Television on Hudson, is hereby appointed to facilitate the Governmental Access Channel for the Village as the primary, but non-exclusive, Access Coordinator for the production, programming scheduling and transmission of programs for the Village. 3. It is hereby resolved that the local voluntary organizations, Public Television on Hudson must seek out and solicit volunteers who will assist in the production, coordination, scheduling and transmission of programs. This resolution in no way prohibits or discourages the cable operator from providing accessory production and programming services to the Village. By this resolution, the Public Television Center holds the Village harmless and agrees to indemnify the Village from any loss incurred as a result of any action, cause of action, suit, debt, dues, sums of money, accounts, bonds, bills, contracts, agreements, damages, judgments, executions, claims and demands whatsoever, in law or equity. This resolution does not restrain the cable operator from using the other access channel under the fallow-time rule (see New York State commission on Cable Television proposed regs) or their own local origination channel for their usage. This resolution in no way commits the Village to financially fund any activity of the Public Television Center. I �This resolution does not prohibit the Municipality from changing the appointed Access Coordinators Public Television on Hudson, at any tine i t so chooses, following a t h i r t y day notice. This r e s o l u t i o n r e q u i r e s Public Television on Hudson t o maintain a p p r o p r i a t e p o l i c i e s of insurance against l o s s e s or claims due t o personal injury (including l i b e l , s l a n d e r , defamation of character) or property damage. The policy w i l l name the Village of North Tarrytown as l o s s payee/beneficiary. In enacting t h i s r e s o l u t i o n , the Village of North Tarrytown d i s c l a i m s any r e s p o n s i b i l i t i e s for any action or omission on the p a r t of Public Television on Hudson. Trustee Treacy MOVED: Trustee Fine SECONDED: 5-0 VOTE: �Meeting Date: 5/17/88 Resolution # 5/ 7?88 LOCAL LAW RELATIVE TO THE COVERAGE OF AUXILIARY POLICE FOR WORKERS1 COMPENSATION PURPOSES. Section 1. Intent. The intent of this local law is to provide income protection and coverage for medical expenses for an auxiliary police officer injured within the scope of his or her duties as enumerated by this local law. Consistent with the provisions of Chapter 4 70 of the Laws of 1986, it is the intention of the Village of North Tarrytown to provided its auxiliary police officers with the benefits of the Workers1 Compensation Law and to deem such volunteers to be employees within the meaning of that term as defined by Workers' Compensation Law. 2(4) of the Any doubt as to the coverage of an auxiliary police officer within any of the activities enumerated below shall be resolved in favor of the auxiliary police officer. Section 2. Findings. The Board of Trustees of the Village of North Tarrytown hereby recognizes the contribution made by auxiliary policy officers to the Village and recognizes the potential for loss of wages and medical expenses associated with a potential injury or illness to such an auxiliary police officer through the performance of auxiliary police duties. The Board of Trustees finds that it is in the public interest of the residents of the Village of North Tarrytown and others to protect those who might serve as an auxiliary police officer from a loss of wages in their regular employment and from �potential personal expense for medical services resulting from an injury or illness arising from the performance of auxiliary police duties. The Board of Trustees further finds that such workers' compensation coverage serves to encourage such voluntary participation of individuals in the Village's auxiliary police efforts. Section 3. Definitions. Auxiliary police officer. For the purposes of this local law, the term "auxiliary police officer" shall mean an employee as that term is defined in Section 2(4) of the Workers1 Compensation Law, as amended by Chapter 470 the Laws of 1986. Employment. The term "employment" shall include participation with an auxiliary police effort made within the Village of North Tarrytown consistent with the scope of the definition of that term as provided by Section 2(5) of the Workers' Compensation Law. Wages. The term "wages" as applied to an auxiliary police officer, shall be defined as set forth in Section 2(9) (j) of the Workers' Compensation Law, as added by Chapter 470 of the Laws of 1986. Section 4. Coverage. For the purposes of this local law a member of the Village of North Tarrytown auxiliary police force shall be deemed an employee of the Village of North Tarrytown, as that term is defined in Section 2(4) of the Workers' Compensation Law, when such an auxiliary police officer is �engaged in one or more of the following designated services or activities, as authorized by the Captain of the Auxiliary Police of the Village of North Tarrytown, An auxiliary police officer shall be deemed to be employed by the Village of North Tarrytown, as that term is defined within the meaning of 2(5) of the Workers' Compensation Law, solely for the services or activities identified below: 1. Control of traffic; 2. Administration of first aid; 3. Maintenance of peace and order; 4. Assistance to Police Department of the Village of North Tarrytown. Section 5. Notification. A copy of this local law shall be provided to the Captain of the Auxiliary Police provided, however, that the failure of the Village to do so shall not affect the application of this local law to any auxiliary police officer covered by this local law. Section 6. Savings clause. In the event that any provision of this local law shall be deemed by a court to be in conflict with a provision of the State Constitution or with a provision of a general law or should adherence to or enforcement of any section of this local law be restrained by a court, the remaining provisions of this local law shall not be affected. Section 7. Applicability. �-I The local law shall take effect upon its filing with the office of the Secretary of State. MOVED: Trustee Hyland SECONDED: Trustee Fine VOTE: �3 ^ ^ :LAIM-COl(NTy OF WESTCHESTER, NEW YORK ^EMIT TO: 4AME. V i l l a g e of N o r t h T a r r y t o w n TREET. 28 Beekman Ave J™ North Tarrytawn,N.Y. .STATE SOOAlSKUtfTYNUMKi 10591 m Aiiwjmm'Mw.:.''?: ••>|\/,iJ, V J. AGXZT, J TASK .OPTION- . f CHARGE. ' • I N VOICE N O -P o; c."' * ' >.. v~^*W 1>* A i . ' \ •-• • . ' . AWQVJ-N'. ..• • ' : ' . ' • , I 1 DESCRIPTION. INVOICE. Oft CONTRACT DATE STOP DWI SEAS PROGRAM 4/22/88 4/23/88 4/29/88 4/30/88 4/30/88 5/01/88 S/P6/88 SB) 7/8 8 9(8/88 P.O. P.O. P.O. P.O. P.O. P.O. P.O. P.O. P.O. ZONE 6 QUANTITY Total AMOUNT CYCLE 4 2 28 miles 36 w 24 12 £6 23 20 25 .3 miles $ .23 'milage— JS Warren DiCairano Camp Warren Morrison DiCairano bizzarro f Camp Hrotko UNIT PRICI 4 4 4 4 4 4 4 4 4 $27.00 $108.00 108,00 108.00 108.00 108.00 108.00 108.00 108.00 108,00 M B M M H M ; 972.00 • 48.99 36 h r s , w£btchester County TOTAL VENDOR CERTIFICATION: I certify thai the obov. bill is jutt, true balonce it octuolly due a n d owing, has been paid except a * Haled and that the to exempt o r e excluded C h i e f of May 1 0 , 1 9 8 8 Polios NU 0ATI DISCOUNT l«T AUOfTOtY; I hereby approve the prices of wlth#t account that the services charged therefor were re certify that tfce article* specified were delivered to «*e and supervision on the dales indicated. DfPAftTMENY USC: AUlHOflUU) COUNTY Off K I M *1»020.9{ i �I ma. MM»mai wmmi% MOOR mnaai rami. a*, L CLAIM-COUNTY OF WESTCHESTER, NEW YORK VFN'DO'R -UO REMIT TO: NAA^f North Tarry town Police Dept sTgFFT « * ^ ™ ™ i i " - 2 8 Beekman a v e rrn-m-m rn-nm SOCIAL SECURITY NUMBER SK* North Tarry town NY 10591 ZIP M?»;4:««n»HiLWai.M: 1 ORG ACCT. * TASK OPTION CHARGE J INVOICE.NQ. P O . Q R CONTRACT .; ' -; AMOUNT/':•-, . ; " • 1 .... DATE 4 / 6 , 4 / 7 , 4/7 4 / 9 , 4 / 9 , 4/1 2, 4/14,4/14, 1/18, »/28, 4/21,4/21, DESCRIPTION, INVOICE, OR CONTRACT QUANTITY UNIT PRICE 14 meals Zone #1 @ AMOUNT $630.00 $ 70.«) 14 t r i p s Zone #1 @ 45.00 5.00 4/28,4/29. *• cL-o^xchc^/cor County VENDOR CERTIFICATION: I certify that the above bill it just, true, balance i« octuallyydue and ow TOTAL has be«n paid except as stated unty is exempt are exclu ' SS7, that the rAUTHORIZATION and certify that the articlei specified were deliver under my supervision on the dates Indicated. AUTHORIZED COUNTY OFrlClAl $700.00 DISCOUNT NIT OATS I hereby approve the prices of within ace that the services charged therefor w e r e / e . '11 AUDITED BY: DEPARTMENT USE: J �^^^eFASSOOATES Chartot R Vetey Aetoclatea, Inc. A wholly owned subsidiary of Roy F. Weston, Inc. One Old Country Road, Suits 430 Carle Place, New York 11514 Telephone: (516)742-8831 May 1 1 , 1988 Mayor Janet Gandolfo Village of North Tarrytown 28 Beekman Avenue North Tarrytown, MY 10591 RE: Response to Duracell Work Plan, Quality Assurance Plan, and Contract Documents Dear Mayor: At your request I am providing the Village with a summary of my comments concerning the completeness and quality of the Duracell Clean-up Plan. I am emphasizing those points which I consider of highest value and worth arguing for. These are provided for the guidance of the Village in formulating any official responses it may wish to make. I recommend that the Village's top priority comments include the following: o Each individual property owner should be advised of the remedial activity to occur on his property and the estimated date and length of time for restoration should be provided in writing. The Village should also be provided with this information. The consultant for the Village should be retained to provide a Compliance Engineer to review the various aspects of the clean-up work as it proceeds to ensure that the Work Plan, Quality Assurance Plan, and Contract Specifications are complied with. These consulting services should be borne by Duracell. The Compliance Engineer should have authority or access to authority to rapidly correct a variance from Work Plan or Quality Assurance Plan procedures should such be Armonk, New York 10904 Telephone: (914) 273-9640 Buffalo, New York 14203-1920 Telephone: (716) 654-2288 York. Pennsylvania 17401 Telephone: (717) 846-4614 �w&tBffiASSOCIATES Page 2 Mayor Janet Gandolfo Village of North Tarrytown observed. The Village should have its consultant examine the qualifications and training of the contractor's Health & Safety Officer to assure the protection of public health during clean-up activities. The Village should request that its consultant be given access permission from Duracell and/or New York State Department of Environmental Conservation to have access to the work areas. The Village should also request that a mechanism be established to permit the Compliance Engineer to make a rapid and effective response to the State should a significant variance from Work Plans be observed. The Village should inquire whether there would be any need to temporarily re-locate residents during removal and restoration activities, or whether there is a contingency plan to do so should work be held up in mid-course. The Village should request that residents be compensated for the cost of any temporary re-location due to the clean-up work. The Duracell parking lot located on Andrews Lane has been under-sampled and additional soil samples should be taken. The Village should request that 4-6 additional soil samples be taken from the Duracell parking lot. At a minimum the samples should be analyzed for lead, mercury and zinc. It is notable that of the two analyses available from the parking lot, zinc is approximately 2 1/2 times higher than the levels considered acceptable for sale of industrial property by the State of New Jersey under its ECRA Program. Similarly, of the two lead analyses available, one substantially exceeds the level of soil lead acceptable to the State of New Jersey. (No soil contaminant levels I �^ VbteiflASSOCIATES Page 3 Mayor Janet Gandolfo Village of North Tarrytown have been established as standards or guidelines by New York State.) Xn addition to analysis for metals, soil samples from the Duracell parking lot should be analyzed for PCB's, on the basis that the Duracell property was previously used as a utility store yard, and the potential exists that transformer PCB's are present on the site. At the public meeting the Village should ask why the toxicity of zinc was not considered, and how the elevated lead and zinc levels found in the parking lot do not qualify that area for soil removal and restoration. o The Village should request to know the specific source and basis for the clean-up standards which have been reached. The Work Plan implies that a mercury clean-up level of 30-45 mg mercury per kg of soil has been approved. What was the basis and origin of this approval for mercury? What cleanup standard will be used for lead and zinc, if any. A significant technical comment is that the monitoring for organic vapors using an OVA is inadequate. The Work Plan proposes an open-air monitoring method for organic vapors, instead, the more sensitive head-space method should be used to detect organic vapors. In this method soil is placed in a closed container and vapors are monitored within the container's head-space. I would recommend that you, or members of the Village Board, introduce comments which you agree are worth presenting. I will back you up with technical specifics at the public meeting. Please note that Velzy Associates can supply a qualified Compliance Engineer to review performance of work by Duracell's agents. / �ASSOCIATES Page 4 Mayor Janet Gandolfo Village of North Tarrytown As discussed during our meeting, it nay be advisable to ask that certain input be made through counsel to the Village, as the State's attorney may respond more readily to these. Please let me know whether you would like to meet prior to the May 24th public meeting, and do not hesitate to call if you have any further questions. Very truly yours, CHARLES R VELZY ASSOCIATES, IMC. Thomas J. Stevenson, Ph.D. Project Director TJS/bvs cc: R. T. Hoirtan G. J. Anastos S. Y. Arella �On Friday, May 27, 1988 a t 10:00 AM a Public Opening of b i d s f o r t h e p u r c h a s e o f a S o l o C e r t i f i e d , T r a f f i c Law Enforcement Motorcycle t o be used by the North Tarrytown P o l i c e Department took p l a c e . The b i d s were opened in t h e M u n i c i p a l b u i l d i n g a t 28 Beekman Avenue, North Tarrytown, New York. P r e s e n t were t h e Treasurer and Deputy Clerk. The o n l y b i d r e c e i v e d was from: Jim Maroney's Inc. 813 Union Avenue, Newburgh, New York Bid: (1) 1988 Harley Davidson FLHT-P P o l i c e Motorcycle in t h e amount of $8400.00. Angela Everett Ange Deputy Clerk 1 Special � 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_1988-05-17 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