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                  <text>A Regular Meeting of the Board of Trustees of the Village of
North Tarrytown was held on September 24, 1991 at 8:00 PM.
Present:

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

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 Hearings- None
Approval of Minutes
Trustee Hyland moved to approve the minutes of September 3, 1991
as written, seconded by Trustee Alter and motion carried 5-0 with
Trustee Treacy abstaining.
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 6-0 after a brief discussion. Total of General
Fund is $ 372,116.75.
Communications,Petitions &amp; Requests
Mayor Rey read a letter from Edna and Mario Belanich regarding
the use of slash signs throughout the Village with a sample sign
enclosed.
Will be referred to Police Department and Litter
Committee.
Trustee Nazemetz read the attached correspondence from the Fire
Council regarding state grant money.
Deputy Clerk read attached correspondence from the Fire Council
regarding removal of fire alarm boxes and the sprinkler
ordinance. Correspondence will be discussed at work session on
October 8, 1991 at 7:00 PM. Trustee Hyland moved to approve the
attached correspondence regarding action taken at the Fire
Council meeting second by Trustee Timmings and motion carried.
Deputy Clerk read correspondence from Leonard Galante, President
of Central Veterans Committee requesting permission to hold its
annual Veteran's Day services at Patriots Park at 10:45 AM.
Trustee Alter moved to approve this request, second by Trustee
Treacy and motion carried.

1

�Deputy Clerk was in receipt of a letter from Kitty Fries, Mt.
Pleasant Town Clerk requesting the use of our premises on
Registration days, October 10 and October 12; Trustee Hyland
moved to approve this request, second by Trustee Alter and motion
carried.
Mayor Rey read the attached letter of resignation from Sanjay
Shah effective September 27, 1991. Trustee Treacy moved to accept
his letter with regrets and thanked him for all his hard work and
dedication to the Village, second by Trustee Nazemetz and motion
carried 6-0. Trustee Treacy commented that Mr. Shah should be
given a Certificate of Service.
Public Comments
Dr. Richard Sweet stated that the Conservation Advisory Council
met with a representative of DOT on Route 448 regarding the trees
that will be removed and/or replaced when the proposed widening
takes place. There will be a meeting Wednesday evening with the
CAC and a representative of the Department of State.
Don Caetano stated that there are illegal aliens living at 25
Andrews Lane. The Mayor stated that the immigration office should
be called on this matter and Trustee Hyland stated that the Code
Enforcement Officers have already checked this building in July
and the owner is currently in court.
Armando Galella wanted to know why home owners who obtain
certificates of occupancy to change their assessment from fewer
apartments to more don't have to pay back taxes. Village Counsel
stated that he did not believe that homeowners could be
reassessed for back taxes but he would research this matter.
Don Caetano commented some owners are being assessed for more
instead of less.
Edna Belanich felt some of the Zoning Board members who grant
these variances are not familiar with the homes in the Village.
George Fitzpatrick , a member of the Zoning Board disagreed with
this because he and other members have visited buildings several
times before making a decision.
Jim Tierney again asked the Board to consider some sort of break
for senior tenants for improvements done in their apartments.
Mr. Caetano felt that some of the members of the committees are
not knowledgeable in zoning matters.
Frank Rizzi commented that Mr. Caetano should recommend names to
the Mayor.
There being no further comments, Trustee Hyland moved to close
the public comments section, seconded by Trustee Nazemetz and
motion carried.

2

�I
/

Mayor's Report
The Fall Festival will be held this Saturday.
He also stated
that keeping the Village clean is still a major concern.
Administrator's Report
The Administrator reported that the 5-K Run will start at 9AM and
the Festival will start at 10 AM; we have approximately fifty
vendors, antique fire trucks will be on display as well as 1992
autos, there will be pony rides,
cartoon characters will be
walking up and down the avenue, New York State trooper canine
units will be here, entertainment will be provided, and pancake
and spaghetti eating contests will be held.
Resolutions-Attached
Trustee Nazemetz made a motion thanking Gabriel Hayes for his
time and dedication as Police Chief, seconded by Trustee Treacy
and motion carried unanimously after a brief discussion.
Old Business
A discussion ensued between Trustee Treacy and Mayor Rey
regarding the dismissal of an employee. Trustee Treacy commented
that since the previous evaluations were very good, he did not
understand why she was dismissed. If there was a bad evaluation,
he wanted to see it and felt the Mayor did not have the power to
dismiss an employee without the Board voting on it, and he felt
the Mayor had overstepped his bounds.
After more discussion
among the Trustees on the matter, Trustee Treacy moved that the
Board of Trustees of the Village of North Tarrytown does hereby
direct the Mayor of North Tarrytown to refrain from terminating
any employee without the voted approval of the Board of Trustees;
in addition the Board of Trustees will establish the grounds of
termination and terms of such termination,seconded by Trustee
Alter. More discussion ensued. Motion failed on roll call vote:
Trustees Alter and Treacy voting YES, and Trustees Timmings,
Nazemetz, Hayes and Hyland voting NO.
Trustee Treacy commented that General Motors is #1 on the list of
polluters in Westchester County and would like to discuss this
matter.
New Business
Trustee Hyland presented a demonstration of the type of plastics
which will be picked up during the fifth phase of recycling which
will start the week of October 20th. Plastic containers with the
code number 1-4 will be picked up at the curb on Wednesdays with
the other recyclable items.
Public Comments
Don Caetano suggested
we advise residents who put gasoline in
empty plastic containers not to put them out for recycling.
Mario Belanich asked why we were having state troopers with
canines to patrol; the Administrator stated that they are not
here to patrol, they are part of the street festival.

3

�I

Edna Belanich commented t h a t t h e O p e r a t i o n Clean-Up
needs cooperation from e v e r y o n e .

Committee

Mr. G a l e l l a asked t h a t t h e Board a p p o i n t t h e new P o l i c e Chief
during t h e r e g u l a r p a r t of t h e m e e t i n g and n o t i n e x e c u t i v e
session.
Discussion ensued.
V i l l a g e Counsel s t a t e d t h a t
d i s c u s s i o n s on personnel and l a w s u i t s must be done i n e x e c u t i v e
session,
b u t t h e B o a r d w i l l come b a c k t o a n n o u n c e t h e
appointment.
Trustee Hyland moved t o c l o s e t h e p u b l i c comment s e c t i o n , second
by T r u s t e e Timmings and c a r r i e d .
Executive Session
Trustee Hyland moved t o adjourn t o E x e c u t i v e S e s s i o n t o d i s c u s s
personnel m a t t e r s , second by T r u s t e e Timmings and motion c a r r i e d .
After d i s c u s s i o n on t h e t e r m i n a t i o n of p r o v i s i o n a l S e c r e t a r y
Stenographer,
Trustee Hyland moved t o terminate the p r o v i s i o n a l
employment of Francesca Lorenz e f f e c t i v e November 1, 1991 w i t h
payment of outstanding l e a v e b a l a n c e s through October 3 1 , 1991
and paid medical b e n e f i t s through December 3 1 , 19 91. Motion was
seconded by Trustee Timmings and c a r r i e d 6-1 on a r o l l c a l l v o t e .
T r u s t e e s Hyland, Nazemetz, Timmings, Hayes, A l t e r ,
voting YES and T r u s t e e Treacy v o t i n g NO.

and Mayor Rey

After d i s c u s s i o n on t h e P o l i c e Chief a p p o i n t m e n t t h e
r e s o l u t i o n was voted on:

following

Be i t Resolved the Board of T r u s t e e s does hereby appoint James
Brophy to the p o s i t i o n of P o l i c e Chief from e l i g i b l e l i s t #79-758
e f f e c t i v e September 25, 1991 a t a s a l a r y of $ 5 0 , 9 3 7 . 0 0 .
Said
appointment i s subject t o a probationary period of not l e s s than
twelve (12) weeks nor longer than t w e n t y - s i x (2 6) weeks.
MOVED:Trustee Hyland

SECONDED'. T r u s t e e Timmings VOTE: 5-1

T r u s t e e s A l t e r , Hayes, Hyland, Timmings and Mayor Rey v o t e d YES,
Trustee Treacy voted NO and T r u s t e e Nazemetz a b s t a i n e d .
T r u s t e e Hyland moved t o a u t h o r i z e t h e Mayor t o s i g n t h e
s t i p u l a t i o n agreement and general r e l e a s e of the l a w s u i t , Brophy
v . Gandolfo, ET AL. A p p e l l a t e D i v i s i o n Docket No. 9 1 - 0 5 0 1 6 , seconded by Trustee Timmings and motion c a r r i e d 6-1 with Trustee
Treacy voting NO.
T r u s t e e T r e a c y moved t o a p p r o v e t h e p a y m e n t of $ 1 0 7 2 . 9 8
t o Environmental E n t e r p r i s e s t o s e t t l e a c l a i m f i l e d by them
regarding damage which o c c u r r e d t o t h e w i n d s h i e l d of t h e i r t r u c k
by one of our V i l l a g e t r u c k s , s e c o n d e d by T r u s t e e Nazemetz and
motion c a r r i e d 6-0.
D i s c u s s i o n ensued on t h e K r a j e s k i l a w s u i t .
T r u s t e e Timmings
moved t o o f f e r our d e d u c t i b l e t o t h e i n s u r a n c e c a r r i e r i n t h i s
c a s e , seconded by T r u s t e e T r e a c y and m o t i o n c a r r i e d 6-1 w i t h
T r u s t e e Hyland v o t i n g NO.
4

�There being no further discussion in executive session, Trustee
Timmings moved to reconvene, second by Trustee Hyland and
carried.
Back in regular session, Mayor Rey announced the Board of
Trustees has voted to appoint Lt. James Brophy as Police Chief
effective September 25, 1991.
There being no further business, Trustee Hyland moved to adjourn
the meeting, seconded by Trustee Alter and meeting was adjourned.
Respectfully submitted,

C&gt;--v-jxX^^
Angela Everett
Deputy Village Clerk

5

�Meeting Date:
Resolution #:

09/24/91
9/103/91

Be it Resolved the Board of Trustees of the Village of North
Tarrytown does hereby amend Resolution #: 5/048/89 to read:
Chapter 37, "Nuisances", Article II, "Littering" Section 37-6
Violations and penalties is amended as follows: Any person or
persons violating any of the provisions of this ordinance shall
be deemed a disorderly person and, upon conviction thereof, shall
be liable to a fine of fifty dollars ($50) for the first offense,
a fine not to exceed one hundred dollars ($100) for the second
offense, and a fine not to exceed two hundred fifty dollars
($250) for the third and subsequent offenses.
MOVED: Trustee Hyland

SECONDED:Trustee Timminqs

VOTE:6-0

Brief discussion ensued on whether or not warnings should be
issued first. Trustee Treacy commented that he felt no warnings
should be given first.

Meeting Date:
Resolution #:

09/24/91
9/104/91

Be it Resolved, the Board of Trustees of the Village of North
Tarrytown will hold a Public Hearing on October 15, 1991 at 8:00
PM in Village Hall to exempt from Village taxes within the
control of the said Board of Trustees to the extent of fifty per
cent (50%) of its assessed value, properties owned by one or more
persons sixty-five (65) years of age or over who comply with the
provisions of said Section 4 67 as to occupancy, income, length of
ownership and otherwise.
MOVED:Trustee Hvland

SECONDED: Trustee Treacy

VOTE: 6-0

Meeting Date: 9/24/91
Resolution #: 9/105/91
Be it Resolved the Board of Trustees authorzes the Village
Administrator to seek bids for Columbia Hose Company's Fire
Pumper.
MOVED:Trustee HylandSECONDED: Trustee Timminas VOTE:6-0

�Sanjay Shah
100-26G Casals Place
Bronx, NY 10475
(212)379-5969
September 24, 1991
Mayor Frank Rev
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, NY 10591
Dear Frank:
It is with deep regret that I must inform you that I will be leaving the Village
employment on September 27, 1991.
The Village has been a very special working place for me. I have fully enjoyed
all the opportunities and freedom afforded to me. The special and congenial
relationship that I have had with Bill Regan and all of my colleagues, in
particular Angela, has been central to my endearment for this job. I am also
grateful to all elected officials, past and present, who have extended their support
and appreciation to me despite my accent. I have tried to repay by working with
diligence and dedication. I am glad that I have been able to make some positive
contribution to the Village administration.
As much as I love my job, I just can not pass the great opportunity that has come
my way. Having moved from the other side of the world, I am all too familiar
with the pains and tribulations involved in moving. Painful though it may be, I
have decided to move, hopefully for a better future.
I will try to help the Village as much as I can until a new person is hired and
comfortably settled in the joo.
Thank you again and wishing all the best for the Village,

Sincerely,

cc: Board of Trustees
William Regan

�, I

vu

\

?H uumm mi s
North Tarry town, New York

Fin.- Patrol
Org 1876
Pocantico Hook and LtuldtM
Org 187S
Rescue Hose Co No 1
Org. 1887
Union Hose Flnq Co No 2
Org 1887
Columbia HOM: Co No 'A
Org 1899

^•2

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

S-:&gt;/* * ^
September 16, 1991

To: Mayor and Board of Trustees
Fr: Fire Council
At the regular monthly meeting of the Fire Council held on September,
10, 1991 the following action took place.
1. Fire Patrol Co. #1 - Dropped from active membership

Saverio Ranieri

2. Pocantico H&amp;L Co. #1 - Elected to active membership
Elie Samaras 175 Valley St. No. Tarrytown, NY
Richard Sullivan

181 B^ekman Ave. No. Tarrytovm, NY

3. Rescue Hose Co. #1 - Francis Gallagher has resigned and Richard N.
Gross has been elected as Fire Warden.
4. Union Hose Co. #2 - Dropped from active membership
5. Amb-13 - Elected to membership
town, NY

Betty Anzovino 52 Elm St. No. Tarry

Thank you for your cooperation.
Sincerely,
('

N C.
.. -•%,-..
Charles DePaolo, Secretary
2nd Asst. Chief Engineer

J. Caamano

�^2,

NQETH msnowi
Fire Prttrol
Org. 1 8 7 6
Pocantico Hook and Laddei
Org. 1 8 7 8
Kescue Hose Co No 1
Org. 1 8 8 7
Union Hose Eng Co No. 2
Org 1887
Columbia Hose Co No 'A
Org 1 8 9 9

mt mwuwm

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

s.
September 16, 1991

To:
Fr:

Mayor and Board of Trustees
Fire Council

At the regular monthly meeting of the Fire Council held on September,
10, 1991 the following was discussed.
Chief Whalen has recommended to the Fire Council that the fire alarm
boxes located within the village be gradually disconnected due to the
many pulled false alarms.
The Fire Council has agreed to accept Chief Whalen's reccamendation and
that he take the necessary steps to disconnecting these alarm boxes.
This decision will not only'protect our firefighters from possible
harm but the residents of the community as well.
Chief Whalen will inform the village administrator as to the dates and
locations before any alarm box is disconnected.
Should the Mayor or Board of Trustees have questions on this matter,
feel free to contact Chief Whalen.
Sincerely,

.

&gt;.Vs:
Charles DePaolo, secretary
2nd Asst. Chief Engineer

�I

lp°?

TUHTOWIf FIEI OEPdSTMEKT
North Tarrytown, New York
Hire Patrol
Org. 1876
Pocantico Hook and Ladder
Org 1878
Herein? Hose Co. No. 1

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

Org 1887
Union Hose Eng. Co No. 2
Org 1887
Columbia Hose Co No. 3

Org 1899
• J&lt; ^*

?£S
—

September 16, 1991

To:
Fr:

Mayor and Board of Trustees
Fire Council

At the regular monthly meeting of the Fire Council held on September,
10, 1991 the following was discussed.
Chief Whalen has recommended to the Fire Council that the state grant
money originally given to the Fire Department that was to be used towards
the purchase of a Fire Rescue Boat now be used towards the purchase of
a Cascade Unit. Chief Whalen has requested that any additional grant
money given to the Fire Department be used to complete such a purchase.
The Fire Council agreed with Chief'Whalen's recommendation. Chief Whalen
will discuss with the Village Administrator what steps should be taken
to make the necessary change.
Should the Mayor or Board of Trustees have any questions on the matter
feel free to contact Chief Whalen.

Sincerely,

Charles DePaolo, secretary
2nd Asst. Chief Engineer

�"f

North Tarrytown. N e w York
f-'nv Patrol
Michael Whalen
Chief Engineer
David Cappello
First Assistant Chief
Charles DePaolo
Second Assistant Chief

Org 1876
Pbcantico Hook and L.adciet

Org 1878
Rescue Hose Co. No 1
Org 1H87
Union (lost- HIKJ Co No. 2

,

Org 1887
Columbia Hose Co No 'A
Org 1890

ff^i^w-

r
..•T.-S-*)

September 16, 1991
To:
Fr:

Mayor and Board of Trustees
Fire Council

At the regular monthly meeting of the Fire Council the following was
discussed.
The Mayor and Board of Trustees passed and adopted a sprinkler ordinance
on or about October, 1989, for all new construction and for all renovations
of fifty per cent (50%) or more to a existing construction.
The Fire Council is concerned as to the reasons why the building inspector
does not uniformily enforce the code that is written in this ordinance.
Please respond at your convenience.

Sincerely,

"V.

&lt;c

S8"

c

y

Charles DePaolo, Secretary
2nd Asst. Chief Engineer
cc: B. Regan, Village Administrator
J. Margotta, Building Inspector

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