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                  <text>A regular meeting of the Board of Trustees of the Village of
North Tarrytown was held on Wednesday, September 7, 1994 in
Village Hall, 28 Beekman Avenue, North Tarrytown, New York at
8:00 PM.
Present:
Mayor Sean Treacy
Greg T. Jeffers
Morris Alter
Jose Blanco
Michael Hyland
John T. Hayes, Jr.
Also Present:
Absent:

Linda E. David, Village Administrator
Donal M. Walsh, Jr. Village Attorney
Trustee Scott Horecky

Mayor Treacy called the meeting to order with a pledge to the
flag.
Public Hearing
Mayor Treacy read the attached public hearing notice regarding
amendments to the "Noise" ordinance and commented that we have
received letters from several groups in favor of this ordinance.
Trustee Alter moved, second by Trustee Hayes to open the hearing,
motion carried.
Emil Imhof wanted to know if the hours would be listed when they
could use the leaf blowers after September 3 0th.
The Mayor responded that this is part of our code.
Being no further comments,Trustee Alter moved
hearing, second by Trustee Hayes, motion carried.

to

close

the

Emil Imhof, representing Fire Patrol and Colombia Hose, commented
that the headquarters rooms are in need of cleaning and supplies.
There has also been water damage.
The Mayor commented that he understood that Mr. Imhof had already
spoken to the Administrator and it will be taken care of.
Approval of Minutes
Trustee Alter moved, second by Trustee Hayes to approve the
minutes of the August 16, 1994 meeting as written, motion carried
5-1 with Trustee Jeffers abstaining.
Approval of Warrants
Trustee Alter moved, second by Trustee Hayes to approve the
warrants and authorize the Treasurer to pay the bills, motion
carried 6-0. Total of the General Fund is $177,246.74 and Water
Department fund is $9,3 60.38.
Public Comments-Agenda Items

1

�Trustee Alter moved, second by Trustee Hayes to open this comment
section, motion carried. There were no comments from the public,
Trustee Blanco moved, second by Trustee Alter to close the public
comment section, carried.
Resolutions-Attached
There was much discussion among the trustees on resolution
#09-114-94 regarding the restriction of leaf blowers and the
enforcement of such an ordinance.
Trustee Blanco therefore
moved, second by Trustee Alter to table this resolution until
further discussion at the next work session, motion carried.
Old Business- None
New Business-None
Mayor's Report
Mayor Treacy gave a public works report:
sidewalk project on
Valley Street is continuing, our 50/50 sidewalk program is still
in progress, a leveling course of blacktop has been placed on
River Street, Washington Lane has been blacktopped, the blacktop
program has ended for this year, tree work in continuing, leaf
equipment is being serviced as is our snow removal equipment.
The River Street improvements are being funded through SHIPS
grant.
Mayor Treacy reported that anyone interested in affordable
housing at 2 2 Depeyster Street should contact ARCH at 332-5229
for information. A lottery will be taking place on September 22nd
and is according to your income level.
Mayor Treacy read a letter from Metro-North president commenting
that Metro-North is pleased to be a part of promoting tourism in
Westchester and the Hudson Valley region.
They are about to
begin a weekend promotion with Historic Hudson Valley and
National Trust for Historic Preservation to provide mini bus
service linking Tarrytown train station and Lyndhurst, Sunnyside
and Philipsburg Manor.
A merry-go-round and dinosaur have been installed at Devries Park
with the help of Assemblyman Brodsky who has obtained a grant to
help pay for this equipment.
September 13th is Primary Day and the Mayor encouraged everyone
to get out and vote that day.
Mayor Treacy commented that we are now back to our regular
schedule for Board meetings, the first and third Tuesday of each
month and a work session every other Tuesday.
Trustee Reports
Trustee Jeffers commented that Sleepy Hollow High School football
kick off season takes place next Saturday and encouraged
residents to attend.
Trustee Alter reported that the men's softball league has ended
and they had a great season, Rocs has won the play-offs, women's
softball is over and Hair Connection made it to the play-offs.
2

�I

The recreation brochure has been mailed out to residents .and is
packed with many great activities.
Mayor Treacy stated there is an error in the brochure with regard
to the Haunted Hay ride; there is a charge this year of $1.
Trustee Alter reported as far as the Route 9 Scenic Road
designation, he gave the trustees a copy of the report written to
the State.
Letters of support have been received from the
Chamber of Commerce, Historic Hudson, PMIA, Sleepy Hollow
Taxpayers Association and Garden Club.These will be sent off to
the State in a packet.
Trustee Blanco reported that representatives of Union Hose and
the Rock of Salvation attended the last work session. There were
many ideas, but as yet no solution. We are waiting for a list of
suggestions from the firemen.
Trustee Blanco welcomed Sleepy Hollow Detailing to the community
and urged residents to support this new business.
Trustee Hyland reported part of River Street has been paved. The
playground equipment was finally installed at Barnhart Park and
he thanked the Recreation Commission and the trustees who
supported the equipment for Barnhart park. Perhaps Assemblyman
Brodsky could get us a grant for more playground equipment for
next year.
Trustee Hayes had no fire report or library report.
Library Board meets, he will give his report.

After the

Administrator's Report
Linda David reported that the Fire Council will meet on September
13, the Recreation Commission will also meet on September 13, and
the Noise and Litter Committee will meet on September 22 at 7:30
at Columbia Hose.
The Administrator read the Zoning Board agenda for September 21,
the Planning Board agenda for September 2 2 and the Architectural
Review Board agenda for September 28.
She asked that any vendor interested in participating
street festival on September 17, contact village hall.

in the

Communications/ Petitions &amp; Requests
Deputy Clerk read letter from Sophia's Bar informing us of their
intent to renew their liquor license.(Referred to Police Chief)
Mayor Treacy read the letters from Historic Hudson Valley,
Philipse Manor Improvement Association, Sleepy Hollow Chamber of
Commerce and the Philipse Manor Garden Club in support of the
Scenic Road designation of route 9.
The Mayor was in receipt of a letter from the Mayor of Ardsley
addressed to Governor Cuomo and copied to Senator Spano and
Assemblyman Brodsky regarding a salt distribution site at County
Asphalt.
3

�He received correspondence from the Municipal Public Works
Administrators of Westchester regarding the salt shortage and a
central storage facility.
The Mayor read a letter from Larry Rodrigues and M. Witkowski,
merchants on Valley Street, regretting that Valley Street will
not be ready for the street festival on September 17th.
A letter from Jerome Rainey of Pokahoe Drive was read regarding
the burden the taxpayers of North Tarrytown are carrying as far
as school taxes and hoped someday something can be done.
Trustee Alter commented that in the new brochure, there is a
misprint regarding the costume parade and window painting; it
will be held on Friday, October 28th, not Thursday.
Public Comments
John Morabito, Fire Chief, commented that he did not feel it was
fair that he was asked to resign as Fire Chief or the Zoning
Board since he was not appointed as Fire Chief by this Board, but
he was elected by the Fire Department.
Village Attorney commented that the position of Fire Chief is an
appointed position and according to the code, he cannot serve on
two boards; but the law is vague.
After discussion among the trustees, Mayor Treacy commented that
they would ask the opinion of the Attorney General and that Mr.
Morabito can serve on both boards until a decision is reached,
but he suggested that Mr. Morabito not vote on a zoning issue
until such time.
More discussion ensued on changing the code.
Trustee Hyland
moved, second by Trustee Alter to discuss this at the next work
session; carried.
Frank Rizzi asked if the Zoning Board was being sued and who will
represent the village. He also asked if Union Hose could file an
Article 78 against the village and if so, would the work stop.
Mayor Treacy commented that George Samaras has filed an Article
78 against the Village and Janet Gandolfo will represent us and
Don Walsh will be a witness. As far as Union Hose, it goes into
the legal workings of the Supreme Court.
Village Attorney commented that in order for the work to stop, an
injunction would be needed,
Frank Rizzi commented that the attorney representing the
Republicans did work pro bono. The Mayor commented that a bill
was sent to the Village but we did not pay it. Frank Rizzi said
that was sent in error.
Don Caetano asked whose responsibility it was to maintain the
police cars and that parking in front of the candy store across
from village hall is hazardous for cars coming up Lawrence
Avenue.
4

�The Mayor stated it is the Police Department's responsibility to
notify the mechanics when repairs need to be done.
Lydia Michalides suggested the handicap meters in the post office
parking lot be put on the passenger side of the vehicle.
The Mayor stated we will look at the state rules to see if this
can be done.
Mrs. Michalides also suggested a receptacle be placed inside the
front door of the lobby for people to pay their bills by check so
they did not have to climb the stairs.
The Mayor commented

this was a good idea and would look into it.

Mrs. Michalides commented that someone behind her house on Howard
Street was training a pit bull to fight and suggested a law be
passed prohibiting this.
The Mayor commented that he will have the Chief direct his men to
patrol this area and

we will look into the possibility of a law.

Don Caetano complained that the police are not doing their job
when it comes to enforcing the open container law.
Mayor Treacy
complaints. A
the Chief to
but he is not

commented recently he has been
receiving many
resolution was passed at the last meeting directing
attend the board meetings to answer any questions,
here tonight.

Frank Rey commented that when John Morabito was 1st. and 2nd.
Assistant Chief, there was never a conflict and that: the Mayor
appointed Gary McLean to the Plumbing Board and Zoning Board. He
also asked if the Article 78 against the Zoning Board had been
sent to our insurance carrier.
The Mayor stated that the appointments appear to be an error and
Mr. McLean was also asked to resign from one of the boards. Our
insurance carrier does not get involved when the case is not of a
monetary nature.
Trustee Hyland commented that the reason the Chief cannot attend
the board meetings is due to fact that his wife works nights.
Crime statistics are at a ten year low.
The Mayor commented that
statistics to the Board.

the

Chief

never

presented

these

John Morabito thanked the Mayor for allowing him to stay on the
Zoning Board until a decision is made.
Trustee Hyland wanted the Village Attorney present at the next
work session.
Mr. Rey wanted to know why the Attorney was paid $3 32. to attend
a work session.

5

�Donal Walsh commented that the Board had not reviewed his bills
ahead of time and had questions to ask him.
Mayor Treacy commented that since Donal Walsh has been Village
Attorney, the bills have been much less than the previous
attorney.
There being no further comments,Trustee Alter moved, second by
Trustee Blanco to close the public comment section, carried.
There being no further business, Trustee Hayes moved, second by
Trustee Blanco to adjourn the meeting.
Respectfully submitted,

I

Angela Everett
Deputy Village Clerk

I

�NOTICE OP PUBLIC HEARING
NOTICE is hereby given that the Board of Trustees of the
Village of North Tarrytown will hold a
public hearing on
Wednesday, September 7, 1994 at 8:00 PM to hear and consider a
proposal to amend Chapter 36 of the Code of the Village of North
Tarrytown, entitled NOISE, to add paragraph I to section n 36-4
to prohibit the use of gasoline powered leaf blowers within the
boundaries of the Village between June 1 and September 30,
inclusive, of each calendar year.
All interested parties are invited to attend and be heard at
said public hearing.
By Order of the Board of Trustees
Dated: August 10,1 994
Linda David, Village Clerk

i

�Meeting Date:
Resolution #:

09-07-94
09-113-94

Be It Resolved that the Mayor and Board of Trustees awards the
bid for ARCH: A renovation to the Immaculate Conception Church,
Parking Lot Improvements to Bradhurst Site Construction Corp.,
14 0 Bradhurst Avenue, Valhalla, New York
10595 as the lowest
responsive bidder for the sum of $84,292.00.
MOVED: Trustee Alter

SECONDED:Trustee Haypfl

VOTE;5-0

Mayor Treacy commented that this will be paid to the Village by the
County who will pay the contractor.
Meeting Date:
Resolution #:

09-07-94
09-114-94

Be It Resolved that the Board of Trustees hereby amends Chapter
36 of the Village Code enitled NOISE to add paragraph " I " to
Section 36-4, to wit:
I.

Gasoline-powered leaf blowers. Notwithstaning any other
provision of this Chapter 36, between June 1 and
September 30, inclusive, of each calendar year,
gasoline-powered leaf blowers shall not be operated
in the Village of North Tarrytown, except for the
following:
(1)

By Village work crews performing work in
Village parks, streets, or parking lots.

(2)

When an emergency is determined to exist by
the Village Administrator OPTIONAL: (3)
When the noise from such blower is muffled
and such engine on blower is equipped with a
muffler, baffling devise or effective
noise-absorbent material sufficient to deaden
such noise from blower.

MOVED: Trustee Alter

SECONDED: Trustee Haygs

Resolution was tabled.

r

•.'&gt;*. &lt; ;v.;;,'.'- &lt;•/

I

VOTE:

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