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A Regular Meeting of the Board of Trustees of the Village of
North Tarrytown was held on Tuesday July 2, 1991 at 8:00 PM.
Present:

Mayor Frank Rey
Trustees:

Absent:

James J. Timmings, III
Morris Alter
James J. Nazemetz
Michael Hyland
John T. Hayes, Jr.

Trustee Sean Treacy

Mayor Rey called the meeting to order with a pledge to the flag.
Mayor Rey asked that everyone remain standing for a moment of
silence for Trustee Hyland parents who passed away recently.
Public Hearing
Mayor Rey read attached Notice regarding the proposed amendment
to Zoning, Chapter 62-30. He commented that this was for the
purpose of creating an escrow account for the fees which are
collected for professional consultation for the applications
before the Planning or Zoning Boards. He entertained a motion to
open the hearing; Trustee Hyland so moved, second by Trustee
Alter and motion carried.
There were no comments from the
public, therefore Trustee Hyland moved to close the public
hearing, second by Trustee Alter and hearing was closed. Trustee
Timmings moved to adopt the attached local law entitled
"Professional Fees", second by Trustee Alter and motion carried.
Mayor Rey stated that the next Public Hearing regarding the
adoption of a local law entitled "Constables" was in response to
requests from our Auxiliary Police. Currently there seems to be a
conflict with the County and the Auxiliary Police.
Mayor Rey
entertained a motion to open the hearing; Trustee Hyland so
moved, second by Trustee Timmings and hearing was opened.
Dr. Richard Sweet asked if the Constables would be in the same
category as the Auxiliary Police. Mayor Rey commented " yes" and
Dr. Sweet felt that this was a very good idea.
There were no further comments from the public, therefore Trustee
Timmings moved to close the hearing, second by Trustee Nazemetz
and motion carried. Trustee Timmings moved to adopt the attached
new chapter of the Code of the Village to be entitled
"Constables", seconded by Trustee Alter and motion carried 5-0.
Approval of Minutes
Trustee Hyland moved to approve the minutes of June 4,1991 as
written, seconded by Trustee Nazemetz and motion carried 5-0.
Trustee Hyland moved to approve the minutes of the
Meeting of June 11, 1991, second by Trustee Timmings and
carried 4-0 with Trustee Alter abstaining.

1

Special
motion

�Approval of Warrants
Trustee Hyland moved to approve the warrants and authorize the
Treasurer to pay the bills, seconded by Trustee Timmings
and motion carried 5-0. Total of the General Fund was $530,647.30
and the Water Department Fund was $9,981.31.
Communications, Petitions and Requests
The Deputy Clerk read correspondence from Ernest Giordano
requesting sidewalk replacement in front of 26 and 30 New
Broadway.
Referred to Public Works Department and added to the
sidewalk program list.
The Deputy Clerk read correspondence from Mrs. Scappaticci of 59
College Avenue requesting sidewalk repairs and tree trimming.
Referred to Public Works Department and added to the sidewalk
program list and tree list.
Correspondence was received from Mary Verrone of 2 Millard Avenue
regarding a tree in front of her home. Referred to Public Works
department.
Correspondence has been received from Kail Development, Inc. of 8
Kendall Avenue and Uncle Jerry's Deli of 364 North Broadway
notifying the Village of their intent to renew their beer license
and correspondence from Jeff's 31 Beekman Corp. notifying the
Village of their intent to renew their liquor license in
accordance with the requirements of the State Liquor Authority.
(Referred to Police Chief.).
The Deputy Clerk read attached correspondence from the Fire
Council regarding action that took place at their monthly meeting
on June 11, 1991. Trustee Hyland moved to approve the action,
second by Trustee Alter and motion carried 5-0.
Mayor Rey was in receipt of correspondence from the Salvation
Army announcing a summer/winter clothing sale on July 6th at 10
AM at their Wildey Street location, also regarding street
services on Sunday afternoon on Beekman Avenue.
This will be
discussed with Counsel.
The Mayor has received responses from two merchants to date who
will be contributing to our new recycling program. Once this
program is in full swing, we will report to the residents.
Public Comments
Joanne Addotta Chairman
of the Old Dutch Church Committee on
Preservation Activity, addressed the Board asking if a decision
had been made with regard to their building permit.
The Mayor stated that on Counsel's advice, to do this would be
setting a precedent which would be outside of the legislation.
Robert Ponzini, Village Attorney, stated that waiving the fee for
a building permit would be in violation of the New York State
Constitution and the Village has no authority to do this.

2

�Vito Addotta, Treasurer of this Committee, commented that their
Church brings in many tourists to the area and is of great
economic value to the Village. In 1985 the Old Dutch Church was
designated a Historic Landmark and the Village of North Tarrytown
declared that from that day forward, for the next several years,
the Village would join the Old Dutch Church in restoring our
historic sites and monuments.
Dr. Richard Sweet commented that the Sleepy Hollow Society was
formed to enhance the historic sites and felt that special
dispensation should be given to the Old Dutch Church or perhaps
the fee could be waived.
Robert Ponzini stated that the Village cannot waive the fee but
he suggested the Village write a letter to the Department of
Audit and Control for a second opinion on the possibility of
waiving the fee.
Trustee Nazemetz asked if there was any historical procedure
dealing with historical structures as far as the federal
government is concerned.
Our Attorney commented that there is
historic landmark registration, but right now there is no local
law in place that permits us to waive the fee.
Tom Pellechi presented certificates to Auxiliary Police who are
qualified to carry handguns.
Joseph DeFelice thanked the Board for adopting the new local law
entitled "Constables".
Jim Tierney asked when the Board will discuss the possibility of
exempting senior citizens from having to pay for improvements
that landlords make to their buildings. The Mayor commented that
this will most likely be discussed in September.
There being no further comments, the Public Comment section was
closed.
M a y o r s Report
The Mayor reported that we are working very hard with the
merchants to help keep the Avenue free from littering. Also, a
young man has been hired to pick up litter on the weekends.
Administrator's Report
William Regan reported that on Monday, July 1st the Mayor, Chief
of Police, Sgt. Ferguson and himself attended a ceremony to
install the first of the six D.A.R.E. signs which will be
installed throughout the Village.
He and Henry Atterbury along with Chris Rezza of Greene County
have been meeting with regard to the Street Festival. Letters
and reservation forms have been sent out to all the merchants
along Beekman Avenue to reserve tables and donation request
letters will be sent to various vendors who do business with the
Village.

3

�A meeting was held with the Sleepy Hollow Bicycle Club with
regard to the race to be held on Sunday, September 8th.
The annual Sanitation regulations with our holiday schedule have
been mailed out to all residents.
Resolutions-Attached
Mayor Rey announced that on Wednesday, July 3rd at 12 Noon,
Westchester County will hold a Victory Parade in White Plains.
There will be a Fourth of July celebration at the Washington
Irving field with Tarrytowner's &amp; Proud of It to Welcome Home
Desert Storm veterans from Tarrytown and North Tarrytown.
Fireworks will be held in the evening.
Old Business-The Mayor welcomed back Trustee Alter after his
illness.
New Business-None
Executive Session
Trustee Timmings moved to adjourn to Executive Session to discuss
personnel and labor, seconded by Trustee Alter and motion carried
5-0.
Discussion ensued on a grievance filed by Police Officer Biro
regarding overtime distribution in the Police Department.
Trustee Hyland moved to deny this grievance, seconded by Trustee
Timmings and motion carried 5-0.
Discussion ensued on a grievance from the PBA regarding the P0MC0
health insurance co-payment. Trustee Timmings moved to deny this
grievance, seconded by Trustee Alter and motion carried 5-0.
There being no further business, meeting was adjourned.
Respectfully submitted,

Angela Everett
Deputy Village Clerk

4

�I

/Ota

Meeting Date: 7/2/91
Resolution #: 7/79/91
Be It Resolved the Board of Trustees authorizes the Village Administrator to sign a contract with Coastal Computer Systems,
Inc., 24 9 East Park Avenue, Long Beach, New York 11561 for a sum
of $17,500.00 to provide software, training and documentation for
a police management system, and an annual maintenance agreement
for the sum of $2,400.
MOVED: Trustee R y l a n d

SECONDED: Tr^stee Alter

VOTE:

5

~°

Meeting Date: 7/2/91
Resolution #: 7/80/91
Be It Resolved The Board of Trustees awards the bid for street
light maintenance to Tilley Electric Co., Inc., P. 0. Box 176,
Irvington, New York 10533 for the sum of $7,900.00 for the period
August 1, 1991 to July 31, 1992, as the lowest bidder.
MOVED jTrusteeNaaemetz

SECONDED: Trustee Hayes

VOTE:

5

-°

Meeting Date: 7/2/91
Resolution #: 7/81/91
Be It Resolved the Board of Trustees awards the bid for maintaining alarms and traffic signals to Tilley Electric Co., Inc., P.
0. Box 176, Irvington, N. Y. 10533 for the sum of $11,700 as the
lowest bidder for the period July 15, 1991 to July 14, 1992.
MOVED: Trustee Nazemetz

SECONDED: Trustee Timmings

VOTE : 5-0

�Meeting Date: 7/2/91
Resolution #: 7/82/91
Be It Resolved the Board of Trustees authorizes the Village Administrator to purchase a heavy duty dump truck from Navistar International Corp. , Albany, New York under New York State Contract
P-39727 for the sum of $73, 171.
MOVEDlTrustee Hyland

SECONDED; Trustee Alter

VOTE:

5-0

Meeting Date: 7/2/91
Resolution #: 7/83/91
Be It Resolved the Board of Trustees sets a Public Hearing for
August 20, 1991, to consider an addition to the Village Code entitled Zoning, Chapter 62, Section 13, E, g(new) to establish the
minimum rear yard setback requirement for the location of accessory uses in residential districts.
M O V E D : T r u s t e e Timmings

SEC0NDED:

Trustee Nazemetz

VOTE:

5

"°

Meeting Date: 7/2/91
Resolution #: 7/84/91
Be It Resolved the Board of Trustees sets a Public Hearing for*
July 16, 1991 to consider amending the Village Code, "Garbage",
Chapter 24, Article 1, Section 24-3 to increase the fine from
Fifteen Dollars ($15) to Thirty Dollars ($30).
MOVED:

Trustee

Hyland

SECONDED: T r u s t e e

Alter

VOTE:

Trustee Timmings moved to amend the resolution to hold the Public
Hearing on August 20, 1991 and to add Seventy-five dollar ($75)
fine for the second offense and One hundred &amp; fifty dollar ($150)
fine thereafter per calendar year. Trustee Nazemetz seconded the
motion and motion carried as amended.

�/or

Meeting Date: 7/2/91
Resolution #: 7/85/91
Be It Resolved the Board of Trustees sets a Public Hearing for
July 16, 1991 to consider amending the Village Code, "Property
Maintenance", Chapter 41A-7 Enforcement, adding a section "C"
authorizing the General Foreman and duly appointed law enforcement officers to have the power to issue a summons for violation
of Section 41A-2G, 41A-5, and 41A-6 with penalties described in
41A-8.
MOVED: Trustee Hyland

SECONDED: Trustee Timmings V

0 T E

. ^

Trustee Hvland moved to amend the motion to hold the Public Hearing on August 20, 1991, second by Trustee Timmings and motion
carried 5-0.

Meeting Date: 7/2/91
Resolution #: 7/86/91
Be It Resolved that the composting, curbside collection of
newspaper, cardboard and metal programs as approved by the County
to be eligible pursuant to the County contract for the Loan/Grant
program, shall be implemented by Village of North Tarrytown for a
period of at least three years.
MOVED:T r u s t e e H y l a n d

SECONDED: T r u s t e e

Alter

VOTE:

5

"° •

Meeting Date: 7/2/91
Resolution #: 7/87/91
Be It Resolved the Board of Trustees authorizes the Mayor to sign
a lease with Sebastian and Caroline Amenta for the use of four
(4) parking spaces on their property adjoining 239 North Broadway, North Tarrytown, subject to review and approval of Village
Counsel.
(Copy of lease attached).
MOVED: Trustee Hyland

SECONDED;Trustee Nazemetz

VOTE:

5-0

�RE-NOTICE
PUBLIC HEARING
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Board of Trustees of the Village
of North Tarrytown will hold a Public Hearing in the Municipal
Building, 28 Beekman Avenue, North Tarrytown, New York on
Tuesday, July 2, 1991 at 8:00 PM to hear and consider an
amendment to Zoning, Chapter 62-30F, of the Code of the Village
of North Tarrytown to provide for reimbursement of professional
consultant fees.
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 appear and be heard at said hearing.

By Order of the Board of Trustees
June 22, 1991
Angela Everett, Deputy Clerk

�//o

RE-NOTICE
PUBLIC HEARING
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Board of Trustees of the Village
of North Tarrytown will hold a Public Hearing in the Municipal
Building, 2 8 Beekman Avenue, North Tarrytown, New York on
Tuesday, July 2, 1991 at 8:00 PM to hear and consider adopting a
local law to be entitled "Constables".
A copy of said local law is available in the office of the
Village Clerk.
All taxpayers, residents and parties in
entitled to appear and be heard at said hearing.

By Order of the Board of Trustees
July 2, 1991
Angela Everett, Deputy Clerk

interest

are

�^

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

3j/c

Michael Whalen
Chief Engineer
David Cappello

First Assistant Chief
Charles DePaolo
Second Assistant Chief

June 14, 1991

To:
Fr:

Mayor and Board of Trustees
Fire Council

At the regular monthly meeting of the Fire Council held on Tuesday June
11/ 1991 the following action took place.
1. Elected to active membership in Ambulance - 13
Jennifer Pircio - 46 Gordon Ave. No. Tarrytown, NY
2. The North Tarrytown Fire Department will participate in a celebration
parade honoring the men -'end women who fought in Operation Desert Storm
on Thursday July.- 4, 1991 in Ossining, NY.
Chief Whalen request permission bo bake the Chiefs carp arvl bhr^n ("&gt;,)
trucks Columbia Hose Co. , Fire Patrol Co., and Pocantico H&amp;L Co.
to the parade.
Thank you for your cooperation.

Charles DePaolo - secretary
2nd Asst. Chief Engineer

�M l

Meeting Date:
Resolution //:
:

I

7/2/91
7/88/91

onows-BE IT E N A C T E D &gt; b y t h e V i l l a 9 e B o a r d o f Trustees of the Village of North Tarrytown
Section 1.
The Code of the Village of North Tarrytown is

hereby amended to add a new chapter entitled:

§

Professional Fees.
A.

The Village Board, the Planning Board or the Zoning Board

of Appeals, in the review of any application, may refer any such
application presented to it to such engineering, planning, legal,
technical or environmental consultant, or professional(s) employed
by the village, as such Board shall deem reasonably necessary to
enable it to review such application as required by law.

Charges

made by such consultants shall be in accord with charges usually
made

for such services in the metropolitan New York region or

pursuant to an existing contractual agreement between the village
and such consultant.

Charges made by the village shall be in

accord with the hourly rates upon which the employee's actual
salary is based and fringe benefits and reasonable overhead.

All

such charges shall be paid on submission of a village voucher.

The

applicant

shall

reimburse

the

village

for

the

cost

of

consultant services upon submission of a copy of the voucher.

such
In

the event that an application is required to be reviewed by more
than one Board, then, in such event and to the extent practicable,
both Boards shall use the same consultant who shall, in such case,
to the extent practicable, prepare one (1) report providing data,
information

and

recommendations

requested.

In

all instances,

duplications of consultants' reports or services shall sought to be
avoided wherever possible in order to minimize the cost of such
consultants' reports or services to the applicant.

The above fees

�are in addition to any and all other fees required by any other
section of this chapter, any other village ordinance or regulation
or the Village Code.
B.

Escrow accounts.

At the time of submission

of any

application, or thereafter, the reviewing Board may require the
establishment of an escrow account, from which withdrawals shall be
made to reimburse the village for the costs of professional review
services.

The applicant shall then provide funds to the village

for deposit into such account in an amount to be determined by the
reviewing

board

based

on

its

complexity of the application.

evaluation

of

the

nature

and

The applicant shall be provided

with copies of any village voucher for such services as they are
submitted to the village.

When the balance in such escrow account

is reduced to one-third (1/3) qf its initial amount, the applicant
shall deposit additional

funds into such account to bring its

balance up to the amount of the initial deposit.

If such account

is not replenished within thirty (30) days after the applicant is
notified,
deposit,

in writing,
the

application.

reviewing

of

the

Board

requirement
may

suspend

for such
its

additional

review

of

the

A building permit or certificate of occupancy or use

shall not be issued unless all professional review fees charged in
connection with the applicant's project have been reimbursed to the
village.

After all pertinent charges have been paid, the village

shall refund to the applicant any funds remaining on deposit.
C.

All

fees required

pursuant

to this chapter

shall be

collected by the Clerk of the Board having jurisdiction over the
application.

�B

ft
"1-

D.

This chapter shall be applicable to applications pending

at the time it shall become effective, unless the reviewing Board
shall determine that its application would be impracticable, unfair
or unjust in the particular circumstances.

Where this chapter

shall be applicable to a pending application, it shall, in such
event, require an applicant only to pay for professional fees for
services rendered after it shall have become effective.
§ 2. This local law shall take effect immediately upon filing
in the Office of the Secretary of the State.

MOVED:Trustee Timmings

SECONDED: Trustee Alter

VOTE: 5-0

�Meeting Date: 7/2/91
Resolution //: 7/89/91

A Local Law amending the Code of the
Village of North Tarrytown to be
entitled "Constables".
Section l. A new chapter of the Code of the Village of North
Tarrytown to be entitled "Constables",' is hereby adopted to read as
follows:
CHAPTER
CONSTABLES
Enactment Authority
This Chapter is enacted pursuant to the provisions of
Section 10 of the Municipal Home Rule Law.
Constables
A.

The Village Board is hereby authorized to appoint as

many Constables as the Village Board may determine necessary for
the

proper

Tarrytown.

conduct

of

the

affairs

of

the

Village

of

North

Said Constables shall serve as the pleasure of the

Village Board and shall be paid no salary by the Village Board.
B.

The Constables shall be considered "Peace Officers"

as defined by
however,

ij 3.20

of the

that nothing herein

Criminal
shall

Procedure

be deemed

Law, provided,

to authorize

the

Constables to carry, possess, repair or dispose of a firearm unless
the appropriate license therefore has been issued pursuant to §
400.00 of the Penal Law.
C.

The Constables shall have all the power to authority

conferred upon constables by the general laws of the State.
D.

The Constables shall have the following additional

powers as are conferred upon them from time to time by the Village
Board, including the following:

�1.

Conduct patrols with regular officers of the

North Tarrytown Police Department throughout the Village;
2.

Direct both vehicular and pedestrian traffic;

3.

Patrol parks and other public areas and report

to the North Tarrytown Police Department any situations which may
require a police response; and
4 . Assist the North Tarrytown Police Department in
the event of natural or man-made emergencies as determined by the
Chief of Police.
E.

The

Constables

shall be

subject

to the

general

authority and direction of the Village Board.

When performing the

additional

this

powers

conferred

upon

them

by

Chapter,

the

Constables shall serve the Village Board under the administrative
direction of the Chief of Police who shall be responsible for the
administration, training, order, operation and discipline of the
Constables.

The Constables shall be considered employees for the

purposes of indemnification pursuant to the" provisions of 5 10 of
the Public Officers Law and for the purpose of workers compensation
pursuant to the provisions of § 2 of the Workers Compensation Law,
while actually performing duties authorized herein.
F.

The Village Board is hereby authorized to appropriate

funds as the Village Board may determine necessary for the training
and equipment of Constables.
G.

The

Village

Board,

upon

consideration

of

the

recommendations of the Chief of Police, shall have the authority to
establish ranks and to make promotions among said Constables on the
2

�I

b a s i s of s e n i o r i t y , meritorious s e r v i c e and supervisory c a p a b i l i t y .
On behalf of the Village Board, t h e Chief of P o l i c e s h a l l keep a
complete service record of each Co.nstable.
Section 2 .
The v a l i d i t y of any section, c l a u s e , paragraph, sentence, p a r t
o r provision of t h i s Local Law s h a l l not e f f e c t t h e v a l i d i t y of any
o t h e r p o r t i o n of t h i s Local Law.
S e c t i o n 3.
This Local Law shall take e f f e c t

MOVED:Trustee Timmlngs

immediately.

SECONDED: T r u s t e e A l t e r

3

VOTE: 5 - 0

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