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p

A Regular Meeting of the Board of Trustees of the Village of
North Tarrytown was held on March 26, 1991 at 8:00 PM.
Present:

Mayor Gandolfo
Trustee Treacy
Trustee Alter
Trustee Cicchetti
Trustee Rey
Trustee Hyland
Trustee Marren

Also Present:

William T. Regan, Village Administrator
John J. Hughes, Jr. Village Attorney

Mayor Gandolfo called the meeting to order with a pledge to the
flag.
Public Hearings
Mayor Gandolfo read the attached Public Hearing notice with
regard to amending the NYS Emergency Tenant Protection Act of
1974.
Patricia Kringas spoke on behalf of her father-in-law, Demetrious
Kringas, urging the Board to consider amending this law since the
law seriously hurts the small homeowner.(Copy of her letter is
attached)
Ann Pauletti, owner of 190 Valley Street, urged the Board to
amend this law.
She stated that she has spent so much money
renovating this building and cannot increase the rent in several
apartments.
There is so much bureaucracy at the County level
that nothing ever gets resolved.
Peter Kringas stated that many of the communities have amended
the ETPA law to
apply only to those buildings with twelve,
sixteen and twenty units.
Sam Gittens, a tenant at 100 College Avenue stated that this law
is on the books to protect the tenants. We need landlords and
tenants to work together.
William Diament, Attorney and former hearing officer of rent
control, stated that for years it had been decided to treat small
landlords differently.
There are only twenty nine buildings in
North Tarrytown which have between six and ten units.
Trustee Treacy spoke to several landlords who state that dealing
with ETPA bureaucracy is very difficult and he stated that the
Board should seriously consider amending this law.There are seven
buildings in the Village that have more than ten units.
Trustees Rey and Marren suggested that the Board not make any
decisions tonight, but review it further.
The Village Attorney
also recommended that the law should be reviewed further.
1

�P-JT

The Mayor stated that we are only considering amending the number
of units, not controls on the landlords, ETPA already does this.
Paul Brannigan, real estate agent, commented that the vacancy
rate of the properties that he manages right now is in excess of
5%.
Mr. Diament stated that the 5% figure is set in the law that if
a municipality determines that there is an overall 5% vacancy,
they must go out of ETPA.
Trustee Rey moved to accept the attorney's advise and not make
any decision tonight but to discuss it further at the April 9th
work session, seconded by Trustee Marren; Trustees Treacy,
Cicchetti, Hyland and Mayor Gandolfo voted NO with Trustees Rey,
Marren and Alter voting YES. More discussion ensued among the
trustees. The Village Attorney very strongly recommended that
the Board wait before making any decision in case challenges
arise from any tenants.
Mr. Tierney suggested that more regulations are needed.
After further discussion with the Village Attorney, Mayor
Gandolfo stated that the public hearing would remain open until
the Board has a chance to discuss it further. The hearing would
continue at the April 16th Board meeting.
Approval of Minutes
Trustee Treacy moved to approve the minutes of March 5, 1991 as
written, seconded by Trustee Cicchetti and motion carried 6-0
after a brief discussion.
Trustee Cicchetti moved to approve the minutes of Grievance Day
February 19,1991 and the Board of Assessment Review March 12,
1991, seconded by Trustee Alter and motion carried 6-0.
Before moving on to regular order of business, Trustee Treacy
presented Mayor Gandolfo with a plaque and thanked her for all
the time and effort she put forth as Mayor since 1987 and
enumerated a few of her many accomplishments during her terms as
Mayor.
Approval of Warrants
Trustee Marren moved to approve the warrants and authorize the
Treasurer to pay the bills, seconded by Trustee Treacy and motion
carried 6-0 after a brief discussion.
Total of General Fund is
$339,988.46 and the Water Department Fund total is $15,672.87.
Trustee Alter questioned why we were borrowing money for Devries
field when we had money for that purpose.
The Administrator
stated that this was to replenish the recreation fund. A brief
discussion ensued.

2

T~

�P-5-J

Communications, Petitions and Requests
Mayor Gandolfo was in receipt of letters regarding the proposed
increase in the County sales tax from Senator Spano, Manfred
Ohrenstein, Senator Goodhue, Assemblywoman Singer,and Gov.
Cuomo's office.
They are all in agreement with the proposed
increase.
The Mayor was in receipt of a letter from Emilie Spaulding
notifying the Village that Continental Cablevision has moved
their district office to Peekskill.
Mayor Gandolfo was in receipt of a letter from Laura E. Tessier,
District Manager Westchester County with regard to the revisions
to the Village's Wetland/Watercourse Law ( made part of record
for public hearing of March 5, 1991.)
The Mayor received a letter from Terri E. Sisson of Sleepy Hollow
Manor regarding excessive noise generated from leaf blowers, lawn
mowers, etc. (Refer to Police Chief)
The Deputy Clerk was in receipt a letter from Sushi Raku
informing the Village of their intent to renew their liquor
license. (Refer to Police Chief)
Public Comments
Alex Fudali expressed concern about Board members
confusion over funds allocated in the budget.

expressing

Trustee Rey commented that there was no confusion, the Board is
reviewing the budget now.
Trustee Alter stated that the discussion was whether money could
be transferred elsewhere.
Walter Ceconi asked if there had been a resolution to transfer
funds.
The Mayor commented that it is all part of the record.
Frank Rizzi addressed the Board stating that the sign ordinance
should be repealed because the ten day clause cannot apply during
election time.
Trustee Treacy stated that this ordinance was passed to regulate
existing and proposed signs.
Perhaps the ordinance could be
amended for election purposes.
Mayor Gandolfo stated that the sign ordinance has no effect on
election and recommended amending the ordinance.
James Donovan asked if there was a leash law since people do not
seem to be abiding by it. The Mayor stated that there is and
there is also a "pooper scooper law". ( Refer to Police Chief)
Mayor*s Report
Mayor Gandolfo presented outgoing Trustees Marren and Cicchetti
with plaques for their dedication on the Village Board. She also
presented John Hughes, Jr. Village Attorney with a plaque of
3

�&lt;nrv
appreciation for all his time, dedication and good work as our
attorney.
Administrator's Report
The Administrator reported that there is a resolution on the
agenda to award the bid for sodium silicate to Jones Chemicals.
He stated that there are two personnel items to be discussed in
executive session.
The Administrator read the certified results of the March 19th
election (part of official minutes); Trustee Marren moved to
accept these results, seconded by Trustee Alter and motion
carried 6-0.
, The Administrator reported that the sale of the Water Department
building will go out to bid on April 22, 1991.
There will be a meeting with representatives from three insurance
companies who will present their proposals to the Village.

H
H
£

Trustees' Reports
Trustee Treacy reported that the PBA has filed for interest
arbitration and John Henry will be representing the Municipal
union and a mediation session will be held soon.
New benches have been placed on Beekman Avenue and on April 1st.
work on the sidewalks will be continuing towards completion.
With regard to the facade improvement grant, the representative
from the state wanted to enlarge the program to include the south
section of Beekman Avenue west of Pocantico Street. In order to
receive this grant, we need three or more stores on the south
side to join. We do have three who are interested. Hopefully, we
will receive an answer from UDC by early May.
Trustee Alter gave an update on Devries Field; it will be ready
by April 6th and we should be able to play games on it by the
first week in May.
GM has donated $2400. to purchase a
scoreboard and Metro North has donated 150 railroad ties.
Softball managers will be meeting for team registrations, Easter
Egg Hunt will take place on Saturday at 10 AM in Douglas Park,
sure shot basketball will be held on Saturday at 10 AM, outdoor
hockey will start soon in Barnhart Park and a survey has been
sent to those parents who had children participating in programs
last year so that they may rate the programs.
Trustee Cicchetti reported that the Board has reviewed the budget
together and reminded the Board that they must set a date for the
budget public hearing.
Trustee Rey reported "progress" in the fire department.
Trustee Hyland stated that there is no recycling this Wednesday
due to Good Friday when offices are closed.
He read police
report.
4

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Trustee Marren reported some progress in the group home
situation. The State has agreed to pay $2400. in taxes for the
next twenty years; this is not acceptable and the direction to go
is to contact Senator Spano for his help.
Resolutions-Attached
Old Business
Trustee Treacy read into the record the attached newspaper
editorial regarding the Ethics Code where certain trustees voted
to delete the section of the code that would prohibit Village
employees from serving as political officials. He asked if these
trustees would like to respond.
Trustee Rey stated that this
article was only an opinion of the newspaper and Trustee Marren
stated that her public statement was made at that meeting.
Mew Business
The Organization meeting will be held on Monday, April 1, 1991.
Trustee Rey requested that the outgoing and the incoming Board
meet on Thursday afternoon at 5 PM to discuss new items, pending
items, etc. Trustee Treacy stated that he could not attend due to
his work schedule.
Public Comments
Sam Gittens asked when the nominations to the Ethics Committee
will be made.
The Mayor stated that they will discuss
nominations in executive session and then announce the names.
Alex Fudali asked if his request for the Board to donate $1000.
surplus from the Street Festival to Sunny McClean has ever been
acted upon. The Mayor stated that there was no surplus and the
Board had voted not to make the donation.
Frank Rizzi wanted to know how much was appropriated for the
cable studio.
The Mayor commented that it was a state grant
Sunny applied for and is not an appropriation in our budget.
Mr. Rizzi stated that he contacted the Code Enforcement Officer
with regard to violations on the third floor where the cable
office is being built and that Mr. Stiloski told him he could not
go up there. The Mayor stated no one ever told him this and if
there are violations the Building Inspector would be aware of
them since he is on the same floor.
Executive Session
Trustee Cicchetti moved to adjourn to executive session to
discuss personnel items, second by Trustee Treacy and motion
carried.
Discussion ensued on the 4% retroactive pay increase for
for the municipal employees union which had been decided
a previous meeting.
Trustee Rey moved to authorize
retroactive pay, second by Trustee Cicchetti and motion
6-0.
5

1989-90
upon at
the 4%
carried

�Psx
Discussion ensued on Sgt. James Whalen's grievance arbitration
regarding back Detective-Sergeant's pay from 1987. On the advice
of the Village Administrator, Trustee Rey moved to approve the
settlement of the grievance arbitration, seconded by Trustee
Hyland and motion carried 6-1 with Mayor Gandolfo voting NO.
Discussion ensued on the appointments to the Ethics Board.
Trustee Treacy moved to appoint Robert Friou and Timothy Coon to
the Ethics Board for a term of one year, term to expire March 31,
1992, second by Trustee Alter and motion carried 6-0.
Trustee Marren moved to appoint Susan Galgano, Fred Maus and
Frank Occhipinti to the Ethics Board for a term of two years,
terms to expire March 31, 1993, second by Trustee Rey and motion
carried 5-1 with Trustee Hyland voting No.
There being no further business, the Mayor adjourned the meeting.
Respectfully submitted,
(\J

(LA-BJ&amp;O

Angela Everett
Deputy Village Clerk

I

�I

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,
March 26, 1991 at 8:00 o'clock PM at Village Hall, 28 Beekman
Avenue, North Tarrytown, New York to hear and consider amending
the New York State Emergency Tenant Protection Act of 1974,
Chapter 567- Laws of 1974 to apply only to those residential
rental properties within the Village of North Tarrytown that
contain ten or more rental units.
A copy of said local law is available in the office of the
Village Clerk.
All taxpayers, residents and parties in interest are entitled
to attend and be heard at this public meeting.

By Order of the Board of Trustees
Dated: March 21, 1991
Angela Everett, Deputy Village Clerk

�Ps&amp;
Patricia Kringas
149 Webber Avenue
North Tarrytown, N.Y.
TO:

Mayor Janet Gandolfo and The Board Of Trustees

From:

Patricia Kringas

Date:

March 22, 1991

Re:

10591

Public Hearing: Emergency Tenants Protection Act

Mj

I am writing to encourage your support for a revision of the Emergency Tenants ProtectionH
Act. The*proposed change is significantly positive to the small apartment building
owners in North Tarrytown. These owners have suffered greatly since 1982 when ETPA
was enacted. This severe regulation binds the apartment building owners beyond belief.
Rents have to be. kept at far below market rates. Concurrently, the taxes, water, tax
assessments and maintenance expenses have sky rocketed. The marginal rent increases
allowed by ETPA are so low that it is impossible to meet expenses.
The owner is mandated to submit expense reports to ETPA on a yearly basis. To illustrate
my point I have attached a copy of Mr. Demetrios Kringas' ETPA report of 1990. As
you can see, the amount of profit is $0000.00.
The village of North Tarrytown is penalizing the payer of taxes. This is unfair, wrong
and inconsistent with logic. The Kringas property was recently reassessed and taxes
were increased by this process. The owner once again suffers a loss because no rent adjustment can be made.
This proposed revision will eliminate this harsh regulatory body to apartment owners
who are not in this as a profitable business. It is a reasonable request to limit
the ETPA to greater than 10 apartments.
Thank you for taking the time to review this most significant revision in the ETPA.
I would like to encourage you to vote in favor of the revision.

�Meeting Date: 3/2 6/91
Resolution #: 3/39/91
Be It Resolved the Board of Trustees of the Village of North Tarrytown on behalf of all residents of the Village does hereby participate in the effort to obtain scenic designation for the eastern shore of the Tappan Zee on the Hudson River.
MOVED: Trustee Hyland

SECONDED:Trustee Alter

VOTE:

6-0

Meeting Date: 3/26/91
Resolution #: 3/40/91
Be It
chase
River
price

Resolved the Board of Trustees awards the bid for the purof sodium silicate to Jones Chemicals, Inc., P. 0. Box 280,
Road, Warwick, N. Y. 10990 as the lowest bidder at the unit
of $.0925/lb.

MOVED: Trustee Hyland

S E C O N D E D : T r u s t e e Cicchetti

n

VQTE

.

6-0

�F%
Meeting Date: 03/26/91
Resolution # 3/41/91
Be I t Resolved the Board of T r u s t e e s amends t h e 1990-91 operating
budget t o reduce A1001.000 Real Property Taxes from $2,781,605 t o
$2,696,049 by a p p r o p r i a t i n g t h e General Fund Balance A0599 in t h e
amount of $60,556 and reducing A9010.800 Retirement System l i n e
item by $25,000.
MOVED:Trustee
Resolution

#

Cicchetti

SECONDEDTrustee Marren
Brief d i s c u s s i o n ensued.

VOTE

h=£L

3/42/91

Be I t Resolved the Board of T r u s t e e s amends t h e 1990-91 operating
budget t o i n c r e a s e A2705.00 G i f t s &amp; Donations by $10,000
and i n c r e a s i n g A7550.105 C e l e b r a t i o n s : S t r e e t F e s t i v a l by
$10,000.
MOVED: T r u s t e e

Treacy

SECONDED

T r u s t e e C i c c h e t t i VOTE

Brief discussion

Resolution # 3/43/91

6-0

ensued.

Be I t Resolved t h e Board of T r u s t e e s approves t h e
1990-91 budget t r a n s f e r s .

following

BUDGET TRANSFERS ON 03/26/91
TO

FROM
1

$2,000

Village Justice
A1110.400 Other Exp. $2,000

Buildings - Village Hall
A1620.100 Per.Serv. $1,000
A1620.408 Other Exp.$1,500

Buildings - Village Hall
A1620.402 Light
$1,000
A1620.406 Maint.
$1,500

Police Department
A3120.401. Telephone$5,000

Police Department
A3120.404 Other exp. $5,000

Jail
A3150.131 Medical
$ 400
A3150.400 Other Exp.$ 500
Fire Department
A3410.200 Equipments$3,000

Jail
A3150.111 Matron

Village Justice
A1110.420 Printing

900

Street Maintenance
A5110.400 Supp.S Mat$2,000

Fire Department
A3410.401 Other Exp. $2,000
A3410.405 Telephone $1,000
Snow &amp; Leaves Removal
A5142.100 Pers.Serv. $2,000

Youth Programs
A7310.100 Pers.Serv $
A7140.410 Patriots $
A7140.414 Ice Skatng$

Recreation
A7140.141 Softball
A7140.401 Telephone
A7140.403 Activities
A7140.404 Other Exp.

900
500
500
1

$ 300
$ 300
$ 300
$1,000

�Ft

FROM

TO

8. VILLAGE CLERK
A1410.416 Legal Not.$1,000

BOARD OF TRUSTEES
A1010.400 Contr.Exp. $

INSURANCE RESERVE
A9901.400 Reserve

500

ADMINISTRATOR
A1230.100 Pers.Serv. $1,200

$61,200

VILLAGE CLERK
A1410.400 Off.Supp.

$2,000

VILLAGE CLERK
A1410.401 Other Exp. $2,000
BUILDINGS
A1630.400 Maint.

$1,000

CONTINGENCY FUND
A1990.400 Conti.Fund$20,000
SAFETY INSPECTIONS
A3620.100 Spt.of Alms$8,000
A3620'.400 Maint-Alrms$2,000
STREET ADMINISTRATION
A5010.111 Asst.Forman$2,000
CELEBRATIONS
A7550.103 Memrial Day$l,500
REFUSE &amp; GARBAGE
A8160.400 Dumping
$10,000
A8160.401 Other Exp. $4,000
SHADE TREES
A8560.400 Contractual$8,000
MOVED:. T r u s t e e

Cicchetti

SECONDEDTrustee Alter

2

VOTE

6

~°

�I

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North Tarrytown flubs chance
for strongest ethics code
The most important function
performed by political parties is to
search out, recruit, nominate and
elect good candidates for public
office.. Political parties also should
take the lead in advocating
positions on issues, like the
national parties do every four
yfears in their platform reports. .
] On the other hand, government
officials, both elected and
appointed, have another function,
to carry out their duties by
deciding, in a most independent
manner, what is best for a
particular community and its
people.
Too often, the line is being
crossed. In too many places in
Westchester's local politics,
political party chairmen and high
officers in the party are serving in
policy-making and decision-making
positions in government. We think
that is wrong and a conflict of
interests. We have no objection to

party district leaders holding jobs
in government that are not in the
category of policy-making.
The North Tarrytown Village.'
Board had an opportunity to make
a strong statement on ethics this
week, but it went only halfway. To
its credit, it established a code of
ethics for all village, employees,
which among other things will'
require village officials to specify
why a conflict of interest would not
allow them to vote on an issue.
However, the board, by a 4-3
vote, eliminated a paragraph that
would have prohibited village
employees from serving as political
officials. We believe that is wrong
and hope that the incoming board
elected March 19 will reverse that
position.
Politics has a mission.
Government has a mission. But
there is a line in the sand that
shouldn't be crossed.

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