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                  <text>An Organization Meeting and a Regular Meeting of the Board of
Trustees of the Village of North Tarrytown was held on Tuesday,
April 6, 1993 at 8:00 PM.
Present:

Mayor Sean Treacy

Steven Baderian
John T. Hayes, Jr.
Michael Hyland
Greg T. Jeffers
Trustees
Also Present: William T. Regan, Village Administrator
Absent:

Trustee Nicholas Cicchetti
Trustee Morris Alter

Trustees

Pledge
Mayor Treacy called the meeting to order with a pledge to the
flag.
Mayor Sean Treacy, Trustees John Hayes and Greg Jeffers and Judge
J. Michael Frascati were sworn into office by William Regan,
Village Administrator/Village Clerk.
Mayor Treacy gave a brief speech thanking all those who supported
him during the election and hoped that all those who didn't will
do so now. He commented that during the next two years he will
try to address the concerns of the residents regarding the future
of our community such as the loss of trees along route 448, the
incinerator at Phelps hospital, lack of parking, the quality of
life and most of all General Motors. He hopes that he and the
Board can work together for the future of North Tarrytown.
Before continuing with the regular order of business, Trustee
Baderian commented that since the Mayor had dismissed our Village
Attorney leaving us without any attorney at a crucial time when
there is a great deal of litigation facing the Village, he felt
this issue should be discussed now.
Mayor Treacy commented that he was planning on discussing this
matter later in the meeting but he was willing to discuss the
Attorney question now, and that he has not left the Village
without an attorney. Five very competent local attorneys have
agreed to provide pro bono services to the Village for any
problems or emergencies that might arise between now and April
2 0th when an attorney will be appointed. The attorneys who have
agreed to help us are John Hughes,Jr., Don Walsh, Jeff Shumejda,
Gary Raniolo, and Lynn Farrell.
Mayor Treacy then appointed
Trustee Jeffers as liaison to this group.

1

�After much discussion between Mayor Treacy and Trustee Baderian
regarding this matter, Trustee Baderian moved, second by Trustee
Jeffers that the Board does not approve of the appointment of
these interim attorneys; motion carried 4-1 with Trustees
Baderian, Jeffers, Hayes and Hyland voting Yes and Mayor Treacy
voting Mo.
Mayor Treacy stated that the resolution was not based on fact. He
had not appointed anyone as Acting Attorney.
Trustee Baderian commented that we should continue with the law
firm of Maroney Ponzini &amp; Spencer until such time as a new
attorney is appointed by the Mayor with the Board's approval.
Trustee Baderian read the attached resolution containing the
opinion of the Attorney General regarding such an appointment.
Ongoing discussion ensued between the Mayor and Trustee Baderian.
During discussion, the Mayor stated that this was a clear attempt
to circumvent the Mayorial power of appointment which is illegal.
In addition, the Mayor commented that: the actions of the Board
were motivated by politics.
Trustee Jeffers commented what they were suggesting was to have
a two week interim to have things continue as they are until such
time as the entire board is present and can discuss this matter.
More discussion ensued. Trustee Baderian moved the adoption of
the attached resolution, second by Trustee Jeffers and motion
carried 4-1 with Trustees Baderian, Jeffers, Hayes and Hyland
voting Yes and Mayor Treacy voting Mo.
Mayor Treacy stated that he will not allow this law firm to work.
for the Village and it is within his power to terminate them. If
he has to hire special counsel to the Mayor to further this
course, he will do so.
Mayor Treacy stated that we will now move forward with the rest
of the meeting but Trustee Baderian moved that the meeting be
adjourned, second by Trustee Jeffers and carried 4-1 with Mayor
Treacy voting No.
Respectfully submitted,

Angela Everett
Deputy Village Clerk

2

�I

i
RESOLUTION
WHEREAS, the Board of Trustees has been advised that the newly
elected Mayor Sean Treacy has sent a letter to the Village Attorney
purporting to advise him that the services of Village Attorney have
been terminated; and
WHEREAS, it is also reported that the newly elected Mayor may
attempt to unilaterally appoint an "acting" Village Attorney; and
WHEREAS, there are legal questions whether the Mayor possesses
the authority to act in this fashion and this resolution does not
acknowledge the right of the Mayor to act as set forth above and is
without prejudice to the rights of any person; and
WHEREAS, Opinion of the State Comptroller No. 81-417 found
that the Mayor does not possess the independent right to hire an
attorney; and
WHEREAS, if the Mayor's designee for appointment as Village
Attorney is not approved by the Board of Trustees, legal services
will still be needed by the Village; and
WHEREAS,

in Opinion

of the Attorney General

81-75,

the

Attorney General ruled that in such circumstances needed legal
services may be provided under a contract approved by Resolution of
the Board of Trustees which Resolution may direct that the contract
be made and that the Mayor shall execute the contract even though
the Mayor may oppose the contract.
NOW, THEREFORE, BE IT
RESOLVED, that pending appointment of the Village Attorney and
approval of such appointment by the Board of Trustees in accordance
with the Village Law, the Village of North Tarrytown shall contract

�for legal services with:
Maroney Ponzini &amp; Spencer

; and It Is further
RESOLVED, that the contract for legal services shall be on the
terms set forth In the attachment to this Resolution; and It Is
further
RESOLVED, that the Mayor shall execute and deliver a contract
for legal services as set forth In this Resolution as soon as
possible and no later than three (3) days after adoption of this
Resolution.

MOVED:Trustee Baderian

SECONDED: Trustee Jeffers

VOTE: 4-1

Trustees Baderian, Jeffers, Hayes and Hyland voting Yes and
Mayor Treacy voting No.

i

r

�Meeting Date:
Resolution #:

04/06/93
04/46/93

Be it Resolved the Board of Trustees schedules a Public Hearing
on the tentative 1993-1994 Village budget for Tuesday, April 13,
1993 at 7:00 PM in Village Board room in the Municipal Building.
MOVED:

SECONDED:_

VOTE:

RESOLUTION WAS NOT ACTED UPON DUE TO THE EARLY ADJOURNMENT OF THE
MEETING.

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