<?xml version="1.0" encoding="UTF-8"?>
<item xmlns="http://omeka.org/schemas/omeka-xml/v5" itemId="602" public="1" featured="0" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://omeka.org/schemas/omeka-xml/v5 http://omeka.org/schemas/omeka-xml/v5/omeka-xml-5-0.xsd" uri="https://sleepyhollow.localarchives.org/items/show/602?output=omeka-xml" accessDate="2026-09-19T08:50:00+00:00">
  <fileContainer>
    <file fileId="602">
      <src>https://sleepyhollow.localarchives.org/files/original/b3ea803640503fdbaa6810143c61ee96.pdf</src>
      <authentication>a0a7746f6e3087cc5fd16bda8015bbc6</authentication>
      <elementSetContainer>
        <elementSet elementSetId="4">
          <name>PDF Text</name>
          <description/>
          <elementContainer>
            <element elementId="52">
              <name>Text</name>
              <description/>
              <elementTextContainer>
                <elementText elementTextId="19090">
                  <text>I
A Regular Meeting of the Board of Trustees of the Village of
North Tarry town was held on Tuesday, May 21, 1991 at 8:00 PM.
Present:

Mayor Frank J. Rey
Trustees:
•James J. Timmings, III
Sean Treacy
Morris Alter
James Nazemetz
Michael Hyland
•John T. Hayes, Jr.

Also Present: William T. Regan, Village Administrator
Robert J. Ponzini, Village Attorney
Mayor Rey called the meeting to order with a pledge to the flag.
Public Hearing
The Deputy Village Clerk read the attached public hearing notice
regarding the proposed increase in the water rates. Trustee
Treacy moved to open the hearing to the public, second by Trustee
Alter and carried.
Nicholas Cicchetti commented that revenue was received from the
sale of the Water Department building and did not understand why
there was a need to increase the water rents and wondered if any
of this revenue will go towards the upcoming water filtration.
The Mayor stated that with the expenses involved in the move of
the Water Department to River Street and the purchase of
equipment which will be needed there, the revenue will not amount
to as much as anticipated.
Chick Galel.la stated that raising the water rates right after a
huge tax increase is just another form of taxation. When needed,
why not float a bond for repairs to the filtration system.
Miguel Jimenez protested the proposed increase in water rates. He
commented landlords will raise tenants rents.
Mrs. Kantowitz of Cedar Street commented that everyone should try
to conserve water.
There being no further comments, Trustee Timmings moved to close
the hearing, second by Trustee Treacy and motion carried 6-0.
Discussion ensued among the Trustees. Trustee Timmings stated
that a water rate increase at this time is too excessive along
with the tax increase.
Trustee Hyland stated that revenue received from the sale of the
Water Department building will be more than $50,000. since we
saved money by relocating to River Street by using our men during
a normal work week. If any major problems arise, we can borrow
the money.
1

�Mayor Rey commented that the money derived from the sale of the
building was only a one time proposition and not an ongoing
revenue producing concept.
Trustee Treacy commented that if there is no increase in the
water rate at this time, money will be taken from other sources
such as a transfer from the Water fund to the General fund.
Trustee Hayes asked if we could wait to do work until something
does happen and Trustee Treacy commented that if the system does
break it would be considered an emergency and we could definitely
bond in this case.
Trustee Alter commented that he also was not in
the water rates at this time, but we should
process all year long and should start preparing
more discussion the Board unanimously rejected
the water rates at this time.

favor of raising
be in a budget
right now. After
any increase in

Approval of Minutes
Trustee Treacy
moved to approve the minutes of the Budget
Hearing of April 15, 1991 as written, second by Trustee Nazemetz
and motion carried 6-0.
Trustee Hyland moved to approve the minutes of the May 7, 1991
meeting as written, second by Trustee Timmings and motion carried
6-0.
Approval of Warrants
Trustee Treacy moved to approve the warrants and authorize the
Treasurer to pay the bills, second by Trustee Timmings and motion
carried 6-0. Total of the General fund was $149,206.33 and the
Water Department fund was $38,174.73.
Communications, Petitions £ Requests
The Deputy Clerk read attached correspondence from the Fire
Council addressed to the Mayor and Board regarding action taken
at several Fire Council meetings. Trustee Hyland
moved to
approve the action taken at these meetings, second by Trustee
Timmings and motion carried 6-0.
The Deputy Clerk read correspondence from John Ryan, secretary of
Union Hose requesting the Village purchase a waxer/buffer for use
by all fire companies. Request will be discussed at work session.
Trustee Treacy read attached correspondence from Ronald Greene
regarding the proposal of a full time Building Inspector.
Mayor Rey read correspondence from Alex Fudali of 117 Van Tassel
Avenue who was representing several residents of that area
requesting that they be considered in the next curb improvement
project. Refer to Public Works Department.
The Mayor was in receipt of a letter from the Sleepy Hollow
Family Festival of the Tarrytowns inviting everyone to attend
their festival on June 2, 1991 from 11 AM to 5 PM.
2

�Mayor Rey received a request from Reverend Santiago of the Rock
of Salvation church to hold open air religious services at
Friendship Park at 6:30 PM starting the last Saturday in May
until the second Saturday in September. (Discuss at work session)
Trustee Hayes will attend a Library meeting on Thursday 7:30 PM.
Public Comments
Chick Galella wanted to know what the Beekman Avenue sidewalk
program cost. The Administrator stated the contract amount was
$792,000. but when it»s completed it will be under that figure.
The Mayor stated the cost to the Village would be approximately
$456,000. Trustee Treacy commented that this money was in the
capital budget and ib being funded over five years.
Mr. Galella wanted to know why a Trustee was reading a letter
addressed to the Mayor. Trustee Treacy stated that the letter was
addressed to the Mayor and the Board. The Mayor stated that he
extended Trustee Treacy the courtesy of reading this letter
because it dealt with a personnel matter that Trustee Treacy had
taken a position on.
Mr. Galella asked what the benches on the Avenue cost. Trustee
Nazemetz stated $750. including installation. Mr. Galella
requested that the residents be shown the breakdown of the final
cost of the project; the Mayor stated as soon as it is completed
it will be made available.
Don Caetano wanted to know if the Board has done anything about
his complaint. The Administrator stated that this was a personnel
matter and the report from the Detective Sergeant has now been
received. Mayor Rey commented that he is waiting for the complete
story from all parties concerned to be fair and he didn't feel it
should be discussed in public.
Mr. Kavicky, speaking for a neighbor, commented that there is no
parking 2PM-5PM on either side of the north end of the Kendall
Avenue extension and he would like "No Parking" on one side to be
eliminated. (Refer to Administrator and Fire Warden)
Mr. Jimenez brought many tenants to the meeting to plead with the
Board not to amend the E.T.P.A. law.
Peter Kringas again pleaded with the Board to help the landlords.
He also asked that the police check the handicapped parking
spaces to make sure it is available only for t! ie handicapped.
Robert Friou asked that the new material he has gathered on the
E.T.P.A. be made part of the official minutes.
At the request of Trustee Hyland Village Counsel clarified to the
public that the proposed local law will only affect buildings of
ten or fewer units.

3

�m
Volanda Mallery who lives in the Van Tassel Apartments stated
that right now it is for ten or less but she felt eventually it
will include more than ten.
Mr. Jimenez wanted to know when the Board will take a vote on
this issue?
The Mayor commented when all the facts have been
received.
Don Caetano commented that if a landlord wants to keep his home
in good condition, there are always expenses involved.
There being no further comments, the Mayor closed the Public
Comment Section.
Administrator's Report
William Regan reported that new telephone lines have been
installed in the Village Hall offices which will improve the
current telephone system and generate a savings.
At a public auction held on May 15th five old village vehicles
were sold totally $5950.
Monday May 27th is a legal holiday, therefore there will be no
garbage pickup on that day and no recycling on Wednesday.
Officials interested in marching in the parade on Memorial Day
will meet in front of Music Hall at 8:45 AM.
Architectural Review Board will meet on

May 22,1991 at 8 PM.

The Administrator has discussed with the Highway Foreman the
possibility of expanding the recycling program to include tin
cans, therefore a barrel will be placed at the recycling center
on River Street for these cans.
There have been piles of large brush left at the curb in areas of
Philipse Manor. Letters will be sent to those residents who left
these large piles informing them that the brush must be tied up.
William Regan stated that he was in receipt of a letter from Mrs.
Mann of Fremont Road regarding repaving in that area which had
not been completed. He commented that this was due to weather
conditions and shortage of manpower at that time but repaving
will be resuming in a week or two. Mrs. Mann suggested giving the
officer who gives out littering summonses a more important duty.
Mayor•s Report
Mayor Rey reported the meeting that was held with our insurance
brokers this week went very well; a savings of almost $10,000.
was generated and the Board will meet to vote on this. We are
also awaiting a response on additional savings on the insurance
for the public officials.
Resolutions-Attached

4

�Before moving forward on Resolution #072/91 regarding Halpern,
Mr. Kingsberg, attorney with Pirro &amp; Monsell, representing
Halpern, stated that they were under the impression that an
understanding had been reached at the last work session that all
costs and expenses associated with the Halpern project that his
client is paying would stop until the Village decides whether or
not they are going forward with the project.
Mayor Rey commented that although his point was well taken, he
understood that there would be no costs or expenses incurred by
the Village. He asked the Board's opinion on this matter. Trustee
Treacy commented that the Board had decided to put the attorney's
fees on hold until we figured out which direction we were going.
But he felt we may need to use Teri Waivada's help.
After a brief discussion, Village Counsel recommended leaving the
resolution as is and as the Board sees the work developing, any
waiver or provision in the agreement can be discussed as they go
along.
Mayor Rey commented that his sincere feeling is that we have a
number of problems with this project that deal with density and
parking. As an urban renewal plan, the Village has rights of
condemnation. One of the areas of condemnation is the Duracell
property and as such, with its area of contamination, our
insurance policy would not cover that, should there be any claim
at a future date. Trustee Treacy commented that the DEC will give
a clean bill of health to the property before any transfer or
purchase takes place. Attached Resolution #072/91 was then
approved.
Old Business
Trustee Treacy stated that communications are lacking between the
Planning, Zoning and Architectural Review Boards
and suggested
that minutes and agendas for all Boards be mailed to all members
of the different boards. He suggested that the Board of Trustees
meet with these other Boards. June 24th at 7PM was decided for
the combined meeting.
Trustee Timmings commented that there was a rumor circulating
that he was in favor of a four-day work week for Village
employees. He stated for the record, he never suggested this or
as far as he knows did anyone else on the Board.
New Business
Trustee Treacy moved to call for a public hearing on the proposed
amendments to the E.T.P.A. tp be held on June 4,1991, second by
Trustee Nazemetz. Discussion ensued on some of the amendments and
whether there should be another hearing. Trustee Hyland moved to
take the proposal of Trustee Treacy and research it first, second
by Trustee Timmings and motion carried.
After some suggestions by Village Counsel the motion calling for
the public hearing on June 4th was carried 6-0.
Mayor Rey stated the next work session will be held on May 28th.
5

�Public Comments
Mr. Galella requested that handicapped signs be placed on the
south side of Beekman Avenue. He also asked what the "transfer of
$40,000. was for. The Administrator stated that this was just a
general total transfer of monies.
Pat Kringas commented that working with E.T.P.A. is very costly.
Paul Brannigan commented that there seems to be some confusion
about who is going to be affected by this proposed amendment to
the E.T.P.A. A tenant who has been in any building since 1961 is
still covered under the NYS Rent Control Board.
Some of the
proposals to this amendment are not going to work.
Mr. Tierney stated that some landlords overcharge even with the
E.T.P.A. in effect.
Yolanda Mallery stated that the tenants in the Van Tassel have
received a 15% rent increase every two years and the tenants
group have worked very hard to lower the increase to 9%.
There being no further comments, the Board adjourned to Executive
Session to discuss personnel matters.
Executive Session
Discussion ensued on personnel matters in the police department.
Trustee Hayes moved to transfer Sergeant Manuel Caixeiro out of
the Detective Unit back into patrol to complete the rotation of
manpower, second by Trustee Timmings and motion carried 4-2 with
Trustees Hayes, Timmings, Alter and Nazemetz voting YES and
Trustees Treacy and Hyland voting NO.
There being no further business, Trustee Timmings moved to
adjourn the meeting, second by Trustee Nazemetz and motion
carried 6-0.
Respectfully submitted,

Angela Everett
Deputy Village Clerk

6

�PUBLIC NOTICE
VILIAGE OF NORTH TARRtfttOWN

PLEASE TAKE NOTICE that the Board of Trustees of the
Village of North Tarrytown will hold a public hearing on Tuesday,
May 21, 1991 at 8:00 P.M. in the Municipal Building, 28 Beekman
Avenue, North Tarrytown, New York to consider an increase in
municipal -water rates as follows:
Current Water Rates
0 - 500 cu. ft. per quarter
501 - 6,000 cu. ft. per quarter
6,001 - 15,000 cu. ft. per quarter
15,001 cu, ft. per quarter and over

$

6.20
12.40
14,40
17.00

Proposed Water Rates
0 - 500 cu. ft. per quarter
501 - 6,000 cu, ft. per quarter
6,001 - 15,000 ou. ft, per quarter
15,001 cu. ft. per quarter and over

$ 6.60
13.10
15.30
18.00

All taxpayers, residents and parties in interest are
entitled to appear and be heard at said hearing.
By Order of the Board of Trustees
May 1 5 t 1991

William I\ Regan
Village Clerk

�Qfr

NOETfi TiSHTTOWN FIBE DEPARTMENT
North Tanytown, New York
Fire Patrol
Org. 1876
Pocantico Hook and Ladder
Org. 1878
Rescue Hose Co. No. 1
Org. 1887
Union Hose Eng. Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org.. 1899

John Dicairano
Chief Engineer
Michael Whalen
First Assistant Chief
David Cappello
Second Assistant Chief

February 28, 1991

Mayor and Board of Trustee's
2 8 Beekman Avenue
N. Tarrytown, NY 10591
Dear Mayor Gandolfo:
On February 12, 1991, the Fire Council received a request
from Union Hose to take Apparatus to the parade in Ossining,
New York on August 12, 1991.
W. Hennessey, Jr. and R. Kearns, Jr. were approved as
drivers of Columbia Hose.
\Respectf

David Cappello,
Second Assistant Chief

�NORTH T4BBYT0WN FIBE DEPARTMENT
North Tarrytown, New York
Fire Patrol
Org. 1876
Pocantico Hook and Ladder
Org. 1878
Rescue Hose Co. No. 1
Org. 1887
Union Hose Eng. Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org. 1899

John Dicairano
Chief Engineer
Michael Whalen
First Assistant Chief
David Cappello
Second Assistant Chief

March 28, 1991

Mayor and Board of Trustee's
2 8 Beekman Avenue
N. Tarrytown, NY 10591
Dear Mayor
On March 12, 1991 Wayne S. Manco and Arthur B. Ceconi
were dropped from the North Tarrytown Fire Department .
The Fire Council received a request from Pocantico Hook
and Ladder to take Ladder 38 and Engine 86 to Croton on
June 2nd and Ossining on August 2, 1991.
-•^ Respectfully yours,

David Cappello,
Second Assistant Chief

�i

NQBTE TAUTTOWR mi OEFABTKENT
Fire Patrol
Org. 1876
Pocantico Hook and Ladder

North Tarrytown, New York
Michael Whalen
Chief Engineer
David Cappello
First Assistant Chief
Charles DePaolo
Second Assistant Chief

Org. 1878
Rescue Hose Co. No. 1
Org. 1887
Union Hose Eng. Co. No. 2
Org. 1887
Columbia Hose Co. No. 3

Org. 1899

April 22, 1991

To:
Fr:

Mayor and Board of Trustees
Fire Council

At the regular monthly meeting of the Fire Council held on Tuesday/
April 16, 1991 the following action took place:
1.

Elected to active membership in'Columbia Hose Co. No. 3,
Christopher Sekulski, 95 Beekman Ave., N.Tarrytown, NY

2.

Elected to active membership in Ambulance-13:
a) Michael Gagliardi, 22 Bedford Rd., N.Tarrytown/ NY
b) Wendy Gagliardi, 22 Bedford Rd., N.Tarrytown, NY
c) Paulett Grabb, 221 So. Broadway, Tarrytown, NY

3.

Dropped from active membership in Ambulance-13:
a) Wayne Manco
b) Larry Lee
c) Judy Anzovino

Thank you.

Charles DePaolo
2nd Asst. Chief
Secretary

�NOSTB TAESTTOWN FIBE DEPARTMENT
North Tarrytown, New York
Fire Patrol
Org. 1876
Pocantico Hook and Ladder
Org. 1878
Rescue Hose Co. No. 1
Org. 1887
Union Hose Eng. Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org. 1899

Michael Whalen
Chiiif Engineer
David Cappello
First Assistant Chief
Charles DePaolo
Second Assistant Chief

May 2 0 ,

I

1991

Mayor and Board of Trustees
Fire Council

At the regular monthly meeting of the Fire Council held on Tuesday, May 14, 1991
the following action took place.

Fire Patrol Co. #1 - request permission to take their apparatus to Nyack, NY
on Saturday, October 5, 1991 to attend a parade.
Pocantico H&amp;L Co #1 - approved as a driver George Hongach Jr.
Union Hose Co. #2 - request permission to take their apparatus to White Plains, NY
on Wendesday,July 3, 1991 to attend a celebration parade for the men and women
who fought in Desert Storm.
Columbia Hose Co. #3 •- transferred from the active membership list to the
associate list, Reed King.
Ambulance-13 - dropped from active membership,
a) Jose Cammano
b) Adriana Ferraro

John Korzelius
Acting Secretary

�I

Ronald Greens
16P/naStrMt
North Tarrytown, NY. 10661

Hon Mayor and Bd of Trustees
Village of Nort Tarrytown
28 Beekman Avenue
North Tarrytown, NY 10591
Dear Sirs?

//n

May 8, 1991

Thank you Mayor Rey for your prompt reply to my letter dated
April 18 regarding your proposal for a full-time building inspector. I read in the Gannett press that a full-time inspector
would be an annual salary increase of $23,000 above the annual
$27,000 currently earned by the part-time inspector, totalling
$50,000 per year. I assume there would be no need for the
two part-time code enforcement officers, eliminating a cost
of $24,000 per year.
You mention legal fees as an additional expense incurred by
the village. It is my understanding that the incurrence of
legal fees falls within the normal operation of all villages:
legal cases go with the territory.
Discounting the suggestion of legal fees, you've made it appear
the Village would save $1,000 per year with a full-time inspector
as opposed to a part time inspector. This seems too small a saving
to make a change, especially "when we already have Mr. Margotta,
who has the knowledge and experience of the building neesS'of this
Village.
Of course, if the Village intends or is obligated to pay
fringe benefits to a full-time building inspector, such
as medical costs and pension, I imagine the cost to the
Village would be higher. The $1,000 savings could easily be
a $4,000 or $5,000 loss.
I would appreciate this letter being read at the next Village
Board meeting and included in the minutes.

Ronald Greene *r""~""~
cc. William Regan, Adm.
James Margotta, Building Inspector

m/0d,

...

li

•

1

�Robert E. F r i o u
114 Kelburne Avenue
North Tarrytown, NY 10591
(914) 631-4361
May 21, 1991
Mayor Frank Rey and Board of Trustees
Village of North Tarrytown
I submit below further comments regarding proposal made by certain landlords
for the Village to amend the State Emergency Tenant Protection Act so as to eliminate
its protection for certain tenants residing in North Tarrytown. I make these remarks as
a citizen and long time resident of the Village. I represent Village tenants but I am not
here to lobby or speak for them; I speak for myself.
I.

PROPOSAL
POWER

SEEKS

ACTION

WHICH

IS

NOT

WITHIN

VILLAGE

A.
The Village cannot amend a State law. We don't need any citations for
this proposition. The proposal states:
"....The Board of Trustees...does hereby amend the New
York State Emergency Tenant Protection Act of 1974...."
The Village simply has no such power.
Can a Village accomplish the proposed change in some other way?
B.
This has been tried. Cortlandt was one place where a "contract" was
attempted to replace the State law. But the State Supreme Court held that a Town (a
fortiori a Village) cannot enter a contract intended to supersede the ETPA.
1.

Research is not complete. I find two decisions:

a.
In Christos v. Baltic Estates, Town of Cortlandt. etal, (Justice
Ferraro, N . Y. State Supreme Court, filed and entered by the County Clerk,
Westchester County, May 9, 1986), the Court held that a Town cannot enter a contract
intended to supersede State law. It follows that a Village could not do what a Town
cannot do.
b.
In a second lower Court case such a plan was enforced
against a landlord after the landlord who signed up under the plan sought to claim
tenants had no rights under the plan! This is the conclusion in Massagli, et al. v.
l

�Bastys and Town of Cortlandt, Supreme Court, Westchester County, 532 NYS2d 638
(Buell, J.).
c.
My view is that the appellate courts, if and w h e n asked may
simply hold the Village action to be null and void and rule that the ETPA would
remain in effect. There is a statutory provision permitting an opt-out in the requirement
that there be an emergency found to exist in rental housing.
d.
It is worth observing that the Town was a party-litigant in
each of the two law suits over that plan. It h a d the Town Attorney represent it. The
Town was forced to come into Masagli as a necessary party by order of the Court. And
the end is not in sight since an appeal to the Appellate Division and thence to the
Court of Appeals would follow in later litigation. This could become a money maker
for lawyers representing entities such as Towns as well as for lawyers representing
landlords.
II.

PROPOSAL WOULD RESULT IN COST BURDEN TO VILLAGE
To

A.

Lack of proof of claimed losses. The landlords seeiruclaim they are losing
money (although no documents have been produced despite my Freedom of
Information request to support the claim of losses). I should like to have an
opportunity to review any documents which may have been filed with this Board.
(Note: this is not a n intentional non-disclosure by the Village; my request was filed on
or before May 13 and I was unable to check the production until May 20 when I found
the documentation of the alleged loss was not included and could not immediately be
located).
13.
Passing the loss to the Village. Passing by that item for the moment it
does appear that landlords claiming to lose money on investments with which they are
not pleased now wish to saddle the Village with additional costs in unknown amounts.
Normally an investor takes his own risks of loss on investments. If one
purchased residential real estate in 1960 and sold it in 1980 the investment would have
produced a large profit in this area. If the sale took place in, say, 1990, the profit might
well have disappeared. If the purchase took place in 1980 and sold it in a'1990 a large
loss might well have been incurred. Everyone, I take it, would agree that such losses
are unfortunate side effects oi investing in low income real property. But most
taxpayers might believe that the problem is one for the investor that need not be
shared by taxpayers except through whatever income tax deductions may be available.
However, the landlords making the proposal before this Board seem to
believe that an exception should be made for them whereby we all share in their
alleged misfortune. Their reasoning is not clear nor convincing to me. When we invest
in U. S. Bonds and the price goes down no one bails us out. When we buy a car and
2

�the resale value drops no one bails us out. Why are these investors different?
In order to provide them with some kind of windfall they wish to have
the taxpayers of the Village undertake additional costs which would follow from the
administration of a local rent control bureaucracy. What costs would these be?
C.

ADMINISTRATION COST

The administration cost for the ETPA is now borne by the State or other
entities. The Village pays nothing toward this cost.
Under the proposal before this Board the cost for a local replacement
system would be assumed by the Village.
Costs of the proposal now before you are first to be considered. However
in the future these and other landlords will no doubt ask for the same privileged
treatment.
Allow the camel's nose under the tent and h o w far will it go? If we begin
with the smaller buildings h o w would the Village distinguish between nine families
and ten families -- w h y not extend the privilege to ten, twelve, twenty, and so on?
Thus you now may wish to consider what will be the ultimate cost of the extended
bureaucracy when all landlords now under ETPA ask for inclusion in the Village plan.
1.

Clerical Staff

That cost includes in the first instance the clerical staff needed to operate
the system. As to this cost the proposal is silent. No job description is provided. Costs
are not estimated.
Let us assume that the job, as presently envisaged, could be performed
by one half of one clerk at an average pay and benefit level. Someone may argue: no,
we need a full time clerk. Or: we need only one-fourth of a clerk. Which presently
employed clerk should be asked to add this to his or her job?
Should the Village employ a n e w part time clerk? Is that an efficient
procedure? What about future requirements?
2.

Management Time

Someone has to manage a clerical staff. Who will do that? Mr. Regan, of
course. How much time will he have to spend on this new job? TTiis new and
controversial job? Please note that the plan would lead to the defining of many rather
arcane problems for you to decide.
3

�I I

3.

H

Legal Counsel Time

We can assume that the Village Attorney can always add another job, at
the appropriate hourly rate — what rate -- say $150 an hour.
This kind of plan is a fine litigation generator. The only problem is paying
the lawyers. Low income tenants may be able to obtain pro bono assistance.
How many thousand dollars would North Tarry town spend on such
litigation? One test of this point would be to incorporate in the plan a provision that
the Village will be indemnified by the landlords (they are the proponents and in some
instances it is safe to assume landlords have more money than many tenants) for its
legal fee costs for any litigation that involves the plan. This kind of provision would
balance the risk which otherwise would be paid largely by other taxpayers.
[What can you do about sunk costs such as the staffing time, etc., which
would be lost if the plan were held to be illegal?]
4.

Mayor and Board Time

The concept calls for the development in the Village of an entirely
new bureaucracy to replace the State system. Plainly the Mayor and Board would need
to be involved. Since the proposal is barebones with no details provided there would
be at the outset the need to provide some details.
What would the written agreement look like? What would be its
provisions? If a building has not been registered currently how is a rent to be
determined?
Look at paragraph 2 of the proposal: what would be the charter and
by-laws of the "voluntary association"? Since this is a classic "fox watching the
chickens" kind of plan, how does the Village keep things on the up and up? Do
tenants have any rights to see documents, etc.? On what basis would the Board of
Trustees approve of the "membership, organization and standards" of the
"association"?
What would happen if an owner having agreed to follow the rules
nevertheless did not follow the rules? Would the Board of Trustees become a court to
decide such questions?
Who gets to audit the incomes of the persons residing in the units?
Is that Mr. Regan's job? Does that feature raise some constitutional issue?
These fine points would necessarily have to be decided by the
4

�Village Board probably with the help of professionals ~ lawyers and the Village
Administrator.
Since a lot of work would be needed to put this proposal in some
kind of reasonable shape to be realistic — who is going to pay for that work?
Disputes are not unlikely. The Village Board will have those to deal
with.
No doubt the most important issue would b e the determination of
"no excessive above market rents." How is that to be accomplished? It would be easy
to write book on this point alone.
III.

LACK OF DETAIL IN PROPOSAL

I urge this Board, if it is to give any additional time to this one-sided proposal,
to require the proponents to submit a draft with some details in it. What we now have
is a mere sketch of an idea. The burden of providing the full model plainly is on the
proponents. Perhaps the provision of such details would expose the faults in the plan
and lead to its defeat.
And in the same vein the proponents should provide proposed regulations
stating in detail h o w the plan is to work, who will man it, what fees are to be paid by
members, h o w new qualifiers can be brought in, what penalties could be imposed on
recalcitrant parties, what forms would be used, what sort of accounting standards
would apply to financial materials, what legal basis there is for demanding financial
information from tenants, what justification there is for the 33 1/3% standard, h o w is
veracity of data to be ascertained, and so on.
IV.

LUDICROUS IMBALANCE OF A LANDLORD ONLY COMMITTEE

I doubt if any committee of non-elected persons can handle the proposed plan.
But I am confident that landlords alone could not do it. Cortlandt had a committee of
landlords and tenants. Mow how would that work? Is it conceivable that such a group
could even hold an orderly meeting, could avoid constant conflict?
V.

CONCLUSION

This is far from a fully developed memorandum. I have only had time, since my
return from a week long trip yesterday, to outline the problems I see.
Here are three major problems:

5

�The principal objection is the cost to the Village.
Equally important is the issue of illegality.
Finally viability is a real issue.
Respectfully submitted,
Robert E. Friou

6

�Meeting Date: 5/21/91
Resolution #: 5/068/91
Be It Resolved the Board of Trustees authorizes the Village Administrator to seek sealed bids for the maintenance and repair of
street lighting equipment for the period August 1, 1991 through
July 31, 1992.
MOVED:

Trustee

SECONDED: T r u s t e e

Hyland

Nazemetz

6

VOTE:

"°

Meeting Date: 5/21/91
Resolution #: 5/069/91
Be It Resolved the Board of Trustees authorizes the Village Administrator to seek sealed bids for the maintenance and repair of
alarms and traffic signal equipment for the period of July 1,
1991 through June 30, 1992.
MOVED:T r u s t e e

H

yland

SECONDED: Trustee Treacy

6

VOTE:

"°

Meeting Date: 5/21/91
Resolution #: 5/070/91
Be It Resolved the Board of Trustees authorizes the Village Administrator to seek bids for the items which are part of the
1991-1992 Capital Improvement Program: Brush Chipper, Dump Truck
Air Packs, Cascade System, and Riverside Cliff Removal.
MOVED: T r u s t e e Hyland

SECONDED:

Trustee

Timmings

5_1

VOTE:

Trustee Treacy voted NO.

Meeting Date: 5/21/91
Resolution #: 5/071/91
Be It Resolved the Board of Trustees Authorizes the participation
of Village elected officials in the Village's Group Health Insurance coverage, and
Be It Further Resolved, those elected officials who choose to
participate will fully reimburse the Village of North Tarrytown
for the cost of the premium on a monthly basis.
MOVED: Trustee Nazemetz

SECONDED:T r u s t e e Timmings

Brief discussion ensued.

Mayor Rey abstained.

VOTE:

6-0

�I

MAY 17 ' 9 1 1 5 : £ 9 BROWN &amp; WOOD. NY

Meeting D a t e :
R e s o l u t i o n #:

5/21/91
5/072/91

P.£/3

CORRECTED
RESOLUTION
OF

THE VILLAGE BOARD OF TRUSTEES
OF
THE VILLAGE OF NORTH TARRYTOWN, NEW YORK
WHEREAS, conceptual ideas for redevelopment of portions
of the downtown area were presented by Halpern Development
Venture, Inc. (the "Developer") in 1988, and on August 2, 1988,
by Resolution No. 8100-88, the Village Board of Trustees
authorized the execution of an agreement between the Village and
Developer and the Village then entered into an agreement with the
Developer, dated August 26, 1988, together with an Addendum
thereto (the "1988 Agreement").; and
WHEREAS, on July 9, 199 0, the Developer submitted a
Concept Revitalization Plan to the Village Board of Trustees
setting forth a proposed redevelopment project which includes
residential units, retail, parking, and public infrastructure and
improvements on three sites within the Village urban renewal
area; and
WHEREAS, the Village Board on ^&amp;#

* (*? , 1991 extended

the 1988 Agreement until the earlier of May 31, 1991 or the
approval of the Village of a redevelopment agreement;
WHEREAS, the Village formulated and sent the Developer
a draft redevelopment agreement bxvt such agreement was not
finalized; and

�I-IHV 17 ' 9 1 1?:3Q BRGMN &amp; NOOD HY

P. 3/.-!

WHEREAS, a Village election was held in March and a new
Mayor and new trustees were elected and the new trustees and the
Mayor, in the light of their recent election and mandate, wish to
fully evaluate the proposed project and the Concept
Revitalization Plan to determine whether agreement can be reached
with the Developer thereon.
NOW, THEREFORE, BE IT
RESOLVED that the 1988 Agreement, notwithstanding any
provisions to the contrary in such agreement, ©hall continue in
full force and effect until the earlier of July 31, 1991, or the
approval by the Village and the Developer of a redevelopment
agreement; and
BE IT FURTHER RESOLVED, that, pending approval of a
redevelopment agreement, the Developer shall continue to pay all
costs and expenses of the Village (including the Village's
consultants) incurred in connection with the redevelopment
agreement.

MOVED: Trustee Treacy

SECONDED; Trustee Timmings

2

VOTE; 6-0

�Meeting Date: 5/21/91
Resolution #: 5/073/91
Be It Resolved that the Board of Trustees approves the following
budget transfers:
Acct#
FROM
Bd. of Trustees
A1010.100
.400
Justice Court
A1110.100
.111
. 112
.420
.421
. 121
.400
Treasurer
A1325.100
.111
.121
.400
.437
.447
Assessor
A1355.Ill
A1355.400

400
1,300
1,385
600
1,310
1,800
5,000
1,450.
500.

370.
100.

250

1.500.

Attorney
A1420.100
A1420.200
.400

500.

Bldgs.
A1620.402
.405
.406
.407
.404

500
850
500
1,000

250.

Clerk
A1410.Ill
401

Bd. of Elections
A1450.100
.400

TO

1.500

5,000
800.
450.
1,500.
1,400.
1,400.
1,500.
1,500.
1,000.

�Rec. (Continued)
A7310.100
.141

600.
150.

Celebrations
A7550.1O2
.105

375.
375.

Seniors
A7610.1O1
.102
.103

2,200.
250.
1,050.

Refuse
A8160.102
.103
.400
Unemployment
A9050.800

1,500.
7,000.
5,000.
Insurance

Hospital &amp; Medical
A9060.800

1,100.
Insurance
13,500.

Dental Insurance
A9180.800

600.

E. T. P. A. Administration
A8611.100
3,000.
Social Security
A9030.800

13,000.

S t a t e Retirement
A9010.800

33,025.

Insurance Reserve
A9901.100
TOTAL

MOVED: T r u s t e e Hyland

43,000.
$

136,545.

SECONDED: T r u s t e e T r e a c y

$

136,545

VOTE 6-0

�Garage
A1640.404
.111
.405
Mun. Dues
A1920.400
Judgement &amp; Claims
A1930.400

12,000

Taxes
A1950 .400

2,500

Police
A3120 .121
A3120 .201
.402
.404
Fire
A3410 .200
.401
.402
.403
.426
.437

1,450
2,500
1,500

Animals
A3510 .100
.121

975

Safety
A3620 .131
.400

250

2,000

Street
A5010 100
111
A5110. 111
121
131
.141
•400

2,000.

Light
A5182. 400

5,000.

Rec.
A7140. 151
,161
,404

3,900.

I

�On Thursday June 6, 1991 at 10:00 AM a public opening of bids for
the furnishing and delivering of one (1) "Latest: Model Heavy Duty
Brush Chipper" took place in the Municipal Building at 28 Beekman
Avenue, North Tarrytown, New York 10591.
Present:

William T. Regan, Village Administrator/Village Clerk

The following bids were received and opened:
Trius
369 Duffy Avenue
PO BOX 741
Hicksville, NY 11802
Amount of bid:

$14,182.

Turf Products Corp.
157 Moody Rd.
Enfield, Conn. 06082
Amount of bid:

$14,815.

Dejana Truck &amp; Utility Equip. Co.
490 Pulaski Rd.
Kings Park, NY 11754
Amount of bid:

$14,392

Pine Bush Equipment Co. Inc.
PO Box 106
Route 302
Pine Bush, New York 12566
Amount of bid:

$13,974

Respectfully submitted,
Angela^Everett
Deputy Village Clerk

1

�On Thursday, June 6, 1991 at 11:00 AM, a Public Opening of bids
took place in the Municipal Building, 28 Beekman Avenue, North
Tarrytown, New York 10591 for the maintenance and repair of
alarms and traffic signal equipment located in the Village of
North Tarrytown during the period July 1, 1991 to June 30, 1991.
Present:

William T. Regan, Village Administrator/Village Clerk

The following bids were received and opened:
Dominick Morabito
26 Church St.
Tarrytown, NY 10591
Amount of bid:

$ 15,600.

Tilley Electric Co.
140 N. Broadway
Irvington, NY 10533
Amount of bid:

$ 11,700.

Respectfully submitted,

Angela Everett
Deputy Village Clerk

2

�</text>
                </elementText>
              </elementTextContainer>
            </element>
          </elementContainer>
        </elementSet>
      </elementSetContainer>
    </file>
  </fileContainer>
  <collection collectionId="70">
    <elementSetContainer>
      <elementSet elementSetId="1">
        <name>Dublin Core</name>
        <description>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/.</description>
        <elementContainer>
          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
            <elementTextContainer>
              <elementText elementTextId="12271">
                <text>Board of Trustees Meeting Minutes &amp; Resolutions-1991</text>
              </elementText>
            </elementTextContainer>
          </element>
        </elementContainer>
      </elementSet>
    </elementSetContainer>
  </collection>
  <itemType itemTypeId="1">
    <name>Text</name>
    <description>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.</description>
  </itemType>
  <elementSetContainer>
    <elementSet elementSetId="1">
      <name>Dublin Core</name>
      <description>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/.</description>
      <elementContainer>
        <element elementId="50">
          <name>Title</name>
          <description>A name given to the resource</description>
          <elementTextContainer>
            <elementText elementTextId="3932">
              <text>MINS_TRUST_1991-05-21</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="49">
          <name>Subject</name>
          <description>The topic of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="3933">
              <text>Board of Trustees Minutes-1991</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="40">
          <name>Date</name>
          <description>A point or period of time associated with an event in the lifecycle of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="3934">
              <text>1991</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="47">
          <name>Rights</name>
          <description>Information about rights held in and over the resource</description>
          <elementTextContainer>
            <elementText elementTextId="3935">
              <text>Village of Sleepy Hollow All Rights Reserved.</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="51">
          <name>Type</name>
          <description>The nature or genre of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="3936">
              <text>Text</text>
            </elementText>
          </elementTextContainer>
        </element>
      </elementContainer>
    </elementSet>
  </elementSetContainer>
</item>
