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                  <text>A regular meeting of the Board of Trustees of the Village of
North Tarrytown was held on January 3, 1995 at 8:00 PM in Village
Hall.
Present:

Mayor Sean Treacy

Greg T. Jeffers
Morris Alter
Scott P. Horecky
Michael Hyland
Trustees
Also Present:
Linda E. David, Village Administrator
Donal M. Walsh, Jr. Village Attorney
Absent:

Trustee Jose Blanco
Trustee John T. Hayes, Jr.

Mayor Treacy called the meeting to order with a pledge to the
flag.
Trustee Alter moved, second by Trustee Horecky
meeting of January 3, 199 5, motion carried.

to

open

the

Executive Session
Trustee Hyland asked that the Board go into executive session to
discuss PBA negotiations and other items.
Mayor Treacy again asked that the Board hold over executive
session until the end of the meeting so that those who are in the
audience and at home will not have to wait and made a motion to
that effect, seconded by Trustee Alter, motion failed 2-3.
Brief discussion ensued on PBA negotiations but the Mayor
suggested that the whole Board be present before further
discussion took place.
Discussion ensued on a certiorari case with regard to the Van
Tassel apartments but no action was taken.
Mayor Treacy gave an update on the General Motors litigation.
Discussion ensued on the work that was done by our Assessor with
regard to the equalization rate and the Tarrytown schools.
There being no further business, the Board moved back to the
regular meeting.
Public Hearings-None
Approval of Minutes
Trustee Horecky moved, second by Trustee Alter to approve the
minutes of December 20, 1994 meeting as written, motion carried.
Approval of Warrants
Trustee Alter moved, second by Mayor Treacy to approve the
warrants and authorize the Treasurer to pay the bills, motion
carried. Total of the General fund is $38,327.11 and the Water
Department fund total is $2,277.61,
1

�Public Comments-Agenda Items
Trustee Alter moved, second by Trustee Jeffers to open the public
comment section, motion carried.
Ugo Checchi questioned resolution #01-06-95. The Mayor explained
that we have received a grant to refurbish Cortlandt street but
we need a survey first and we will be reimbursed by the County.
Mario Belanich questioned resolution #01-08-95.
The Mayor
explained that this is with regard to the ARCH project on
Depeyster Street and we will be reimbursed by the County.
Neither one of these will cost the Village any money.
There being no further comments, Trustee Alter moved, second by
Trustee Horecky to close this section, motion carried.
Resolutions-Attached
Old Business- None
New Business
Mayor Treacy read the attached Public Works report. He read the
attached letter from Sarina Tucci addressed to the Building
Inspector regarding an illegal apartment at 290 N. Washington
Street and the condition of the property at 3 09 N. Washington
Street. He would like to go with Trustee Horecky and check these
out. He also read a letter from Pam Howell regarding a situation
at 5 Birch Close where there are many vans parked on the lawn.
Linda David commented that this situation has been rectified; the
owner has been fined $100.
Trustee Horecky commented that he is glad that the Mayor is
taking an interest in these matters now since he hadn't in the
past and that the Mayor has the utmost authority to rectify these
situations.
Mayor Treacy commented that under his authority, the village has
collected tens of thousands of dollars in fines from people who
have had illegal apartments.

4
Mayor's Report
Mayor Treacy reported that we have written to the Small Business
Administration for a tree grant to plant thirty-six trees in
Devries Field.
We have received
the yearly report from Scenic Hudson which
states that North Tarrytown has raised more money than any other
community towards the creation of the new Riverfront park. We
have raised $410,000. so far.
Mayor Treacy reported that he and the Administrator met with
Ruben Ayala who would like to increase tourism between North
Tarrytown and Europe. He will try to bring visitors from Spain
here yearly to celebrate Washington Irving's birthday which is on
April 3rd. The Mayor would like to discuss this at the next work
session.
The Mayor reported that Nancy Gold gave us a status report on
2

�I

tourism;
there are many proposals and we are considering using
trolleys to get from one place to another. The Mayor appointed a
Tourism Committee with Trustee Alter as the Chairman and Jose
Chevere. Anyone who would be interested in being on this
committee should contact him.
Next Monday North Tarrytown, Village of Tarrytown and the Public
Schools of Tarrytowns will meet with Pace University
representatives to discuss the results of the study that was done
by Pace regarding shared services.
Mayor Treacy commented that he attended a ceremony for
christening of the new ambulance which is now in service.

the

Mayor Treacy reported that he has received a Tranistional Aid
Proposal from the Public Schools regarding the reassessment of
General Motors plant. (Discuss at work session)
The Mayor will be inviting Governor Pataki or a representative to
attend our next Local Task Force meeting.
Mayor Treacy commented that in the absence of Trustee Blanco, he
would like to report that Trustee Blanco had made a proposal to
create loading zones to help the merchants.
The Mayor read a
letter which he sent to the merchants with regard to this
proposal and has invited the merchants to attend the Board's work
session on January 24th for their input.
Mayor Treacy gave an update on the GM litigation commenting that
the case is in the Federal court now and is still in the
discovery phase. Attorneys have met with regard to the
reassessment of the GM property as to who will do the
reassessment. We have compiled a list of Assessors but there has
been no agreement on an Assessor as yet.
Trustee Reports
Trustee Jeffers had no report.
Trustee Alter reported on several recreation programs; on January
7th there will be a ski lift trip to Sterling Forest from 2PM to
11PM and there are five spaces left, on January 21st there will
be a ski trip to Vernon Valley from 7:30 AM until 6 PM. Diane
Walpuck will be having Kiddy Corner II at the Warner Library
starting January 6th for ages 24-36 months for ten weeks from
9:30AM-11AM.
The cost is $45. for residents and $50. for
non-residents. Tuesday evening has been added to the open gym
program which has been very well attended.
Trustee Horecky read the Police Report for the month of December
and gave a yearly police report. (Part of official minutes)
Trustee Horecky commented that he has been working with Chief
Brophy and Judge Frascati in implementing community service
programs.
Trustee Horecky commented that the Mayor is continuing to play
politics with him. It will be interesting to see what his motives
are to look at the two properties on Washington Street.
3

�I
Trustee Horecky commented that if you are running for office you
can be appointed to the Mayor's committees.
Trustee Horecky commented for the record that as far as the
equalization rate that Dr. Sweet has lobbied for since the late
1970s, he wanted to warn the public that in his opinion there are
serious problems and a deception that lies within the Mayor's
office including Village Administrator and Village Assessor and
that he as Trustee washes his hands that the best interest of the
public will be served and there may be serious problems involved
in the future when the village is audited and he will not be held
responsible.
Mayor Treacy asked if Trustee Horecky served on any party post
with the Republicans. Trustee Horecky answered no and that he is
a registered Democrat.
Mayor Treacy commented that he filed a freedom form to obtain a
copy of letters that Trustee Horecky received from the District
Attorney's office and Office of the State Comptroller regarding
allegations he had made against the Mayor but has only received
information from the State Comptrollers office. The Mayor read a
letter from the Westchester County District Attorney's
office
that he requested which states the Mayor has done nothing wrong.
(Part of official minutes)
Trustee Horecky submitted letters from NYCOM, District Attorney's
office and Office of the State Comptroller into the official
minutes.
Trustee Hyland read a letter from the Mayor to the Fire
Department which states that he did not cancel snow watch during
the winter and was a great supporter of the Fire Department.
Trustee Hyland commented that the Mayor was against Fire Patrol
since Trustee Hyland received a badge for his participation.
Trustee Hyland commented that it is time to replace the old
Christmas tree lights; most of them don't light up.
Trustee Hyland stated that the Village has been saving money
manpower by not picking up the garbage at Phelps.

and

Trustee Hyland commented that he has not heard any Prosecutor's
report regarding illegal apartments. The Mayor commented that
they have been received once a month and read. The Prosecutor
does not issue the citations, they are issued by the Building
Inspector or the Code Enforcement Officer and then turned over to
the Prosecutor.
Administrator's Report
Linda David read the Zoning Board agenda for January 18th at 8
PM, the Planning Board agenda for January 19th at 8 PM. The ARB
will meet on January 25, 1995 at 8PM. Tarrytown School Board will
meet on January 5th at 7 PM. Village Board of Trustees will hold
a work session on January 10th and 24th. The Recreation
Commission will meet on January 18th and the Noise and Litter
Committee will meet on January 26th.
4

�I
I

I

Communications/Petitions &amp; Requests
Deputy Clerk read attached correspondence from the Board of Fire
Wardens. Regarding appointments, Trustee Hyland moved, second by
Trustee Alter to approve these appointments, motion carried.
Mayor Treacy read correspondence from Scenic Hudson thanking him
for his support last year and they hope he will renew his
commitment in the future to help protect the natural beauty of
the Hudson River Valley.
The Mayor read a letter from St. Teresa's convent thanking the
Fire Department for the Christmas program they presented to the
children in the Tiny Tot program which included a Santa Claus.
He read correspondence from Mr.
regarding the repair of the fence
have removed the damaged portions
the Spring.
The Mayor read correspondence from
the Ambulance Corp for their quick
aid for their mother in November.

Kavy of 100 College Avenue
around their building. They
and will replace the rest in
the Gallagher family thanking
response to their request for

A letter from Mrs. Napolitano was read thanking the Mayor for his
help on a recent matter.
Public Comments
Trustee Alter moved, second by Trustee Hyland to open the public
comment section, motion carried.
Don Caetano wanted to know about an incident that took place
regarding one of our police officers.
Mayor Treacy commented that this was not the proper time or place
for this to be brought up.
Chief John Morabito addressed the Mayor stating that he will be
pursuing his own personal matter regarding this Police Officer.
Frank Rey asked about the unnecessary tickets that the Mayor
commented were issued by the Police Department and were they
going to be dismissed.
Mayor Treacy commented that the Police Chief ordered his men to
ticket all double parked cars after the Mayor made a comment
regarding being behind a double parked police car and they went
all out to ticket double parked cars even those who were
delivering supplies to the stores creating a hardship to the
merchants. The Mayor did not have the authority to dismiss them.
Don Caetano commented that there has been illegal housing in the
village for many years, this is nothing new.
Hugh Casey commented that the Board meetings are a complete
mockery of government and urged the Board to work together as a
group.

5

�Frank Rizzi commented that he did not feel the Mayor was
conducting the meeting the way it should be conducted and that
the Mayor's campaign chairman was out of order. He also commented
on the Mayor being Democratic party chairman.
Mayor Treacy stated that he will bring up the proposal again at
the next meeting to have our Ethics Code changed to prevent any
elected official from serving as a party official, in fact any
employee of the Village. As soon as the Board of Trustees adopts
that proposal, he will resign as the Chairman of the Democratic
party.
There being no further business, Trustee Hyland moved, second by
Trustee Jeffers to adjourn the meeting, motion carried.
Respectfully submitted,
Angela Everett
Deputy Village Clerk.

6

�•John R. Morabito
Chief Engineer
Richard Chulla
First Assistant Chief
Lenny Rtitigliano
Second Assistant Chief

Org 1ST 6
Poc.'iniico Hook and L-uiJ-.i
Oig. ]S7S
Rescue Hose Co. No. 1
Org. 1SS7
Union Hose Eng. Co. No. 2
Org. 13 ST
Columbia Ho&gt;e Co. No. 3
Oiq 1S0O

20 December 94
TO:

Mayor and Board of Trustees
Village of North Tarrytown

FROM:

John R. Morabito, Chief Engineer
Richard M. Chulla, 1st Asst.
Lenny A. Rutigliano, 2nd Asst.

RE:

New Apparatuses
Rescue-12
Ladder-38

Dear Mayor and Board:
The undersigned Chiefs hereby state that we have not had any envolment with the drawing up of the specifications of the above named
Two (2) vehicles. One (1) of which has already been put into service (Rescue-12), and the other which is under contract to be assembled and delivered some time in early or mid 1995 (Ladder-38)/
We wish to state the following:
1.

Rescue-12 cannot be used as a back up ambulance as it does not
meet EMS requirements to be used as such.

2.

Ladder-38
The new ladder and bucket can only reach a height of
ninty (90) feet at a 75 degree angle, (see page 31 of the specifications) -- Copy attached.

3.

There is to.be NO scotchlite stripe per NFPA and the village
will need to sign a waiver of liability, (see copy attached).
We are making this statement so we may not be held liable for any
liability which may arise in the future.
Thank You:

John R. Morabito, Chief Engineer
Richard M. C h u l l a , 1 s t A s s t .
Lenny A. R u t i g l i a n o ,

^

2nd A s s t « X j # ^ y

�Pccrmbor ?7, 199-1

Building Inspector
North Tarrytown
Beekman Avenue
N.Tarrytown,New York
Dear Building Inspector,
I would like to make a complaint about an illegal apartment
at 290 North Washington Street. Thie apartment is in the
basement.
I would also like to file a complaint about the property
at 309 North Washington Street. The outside of the property
is always a mess,with grass and ovorqrovn weeds and there
are junk cars on the property. Also,T believe the owner
put up decks without getting hu i 1 cling permits.
Thank you .
Si ncerely ,
' -•7 s &lt; &gt;
Sarina Tuyrci

copy to:

Mayor Sean Tracy

:L. .

�PUBLIC WORKS REPORT
BOARD MEETING 01/03/95

Our 50/50 sidewalk program has ended until the Spring.
Tree work is continuing.
Loose leaves are no longer being picked up with the vacuum.
residents must bag any leaves they have.

All

Snow removal equipment is ready to go.
Sand barrels have been placed throughout the village.
Christmas tree lights will be taken down this week.
There will be no recycling this week due to the New Year's
holiday or the week of January 16th because of the observance of
Martin Luther King day.
Christmas trees placed at the curb will be picked up every day.
We have started refurbishing
should be painted this week.

the old fire patrol truck.

It

Please do not put garbage in the sand barrels or thev will be
removed.

.v.vv I'.'srijH^.y.i-

�Meeting Date:
Resolution #:

01-03-95
01-06-95

Now, Therefore, Be It Resolved that the Board of Trustees do
hereby authorize the Mayor to execute the agreement to survey
Cortlandt Steet with Bunney Associates at $8,750. pursuant to our
CDBG grant from Westchester County.
MOVED:

Trustee Alter

Meeting Date:
Resolution #:

.SECONDED:Trustee Jeff^rs

VOTE:5-0

01-03-95
01-07-95

Now, Therefore, Be It Resolved that the Board does hereby
authorize the Mayor to execute both the CDBG agreement with
Westchester County and the contract with Bauform Architecture to
bring Village Hall into compliance with ADA requirements.
M O V E D : T r u s t e e Alter

Meeting Date:
Resolution #:

SECONDED:.Trustee Horecky

VOTE.-5-0

01-03-95
01-08-95

Now, Therefore, Be It Resolved that the Mayor and Board does
hereby authorize the payment of $58,064 to Bradhurst Construction
for rehabilitating the parking lot and surrounding area for the
Affordable Housing Project at 22 Depeyster Street known as ARCH
in conjunction with Westchester County's CDBG funds.
MOVED: Trustee Alter

SECONDED: Trustee Horeoky

X

_s,**

,«••'

VOTEfi-0

I

I

�NORTH TftflRVTOUM FERC DCPRRTMCNT
Fire Patrol

John R. Morabito
Chief Engineer
Richard Chulla
First Assistant Chief
Lenny Rutigliano
Second Assistant Chief

Org. 1876
Pocantico Hook nnd Ladder

Orq. 1S78
Rescue Hose Co. No. 1
Org. 1S87
Union Hose Enq. Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org. 1809

DECEMBER 15, 1994
TO:

I

MAYOR TREACY AND BOARD OF TRUSTEES
LINDA DAVID, ADMINISTRATOR

FROM:

BOARD OF FIRE WARDENS

BE ADVISED THE FOLLOWING TOOK PLACE AT OUR DECEMBER MEETING:
UNION HOSE -

TRANSFERRED FROM ACTIVE ROLL TO THE ASSOCIATE LIST:
FRANK COMPAGNA

AMB 13 -

PLEASE PROCESS THE FOLLOWING APPLICATIONS(ALREADY
APPROVED),,
MIKE FERGUSON 159 DEPEYSTER ST, NO. TARRYTOWN
MEMBER IN GOOD STANDING OF UNION HOSE
WILLIAM ARDUINO 95 BEEKMAN AVE, NO. TARRYTOWN, NY
§ 353Y
TONY TAYLOR 100 college ave #3F NO. TARRYTOWN, NY
PASSED AS DRIVERS
1&gt;\.

RESPECTFULLY^
LEONARD A. RUTIGLIANO, JR
SECOND ASST/SECY

•"a

4

k

-'

TOM GRONOWSKI
JONATHAN JIMINEZ

�NORTH TftflRVTOUJN FiftC DCPflRTMCNT
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 K. Morabito
Chief Engineer
Richard Chulla
First Assistant Chief
Lenny Ruligliano
Second Assistant Chief

DECEMBER 15, 1994
TO:

MAYOR TREACY AND BOARD OF TRUSTEES
LINDA DAVID

FROM:

BOARD OF FIRE WARDENS

RE:

MALTESE CROSSES/FIRE HYDRANTS

WITH SNOW SEASON APPROACHING WE ARE REQUESTING THAT MALTESE
CROSSES BE PAINTED AT ALL VILLAGE FIRE HYDRANTS.

HAPPY HOLIDAYS!

Respectfully,
LEONARD A. RUTIGLIANO, JR
SECOND ASST/SECY

I

�Amendments to Minutes of January 17, 1995 Made by Trustee Horecky
On Page 3, Second Para from bottom:
Trustee Horecky commented, " We all witnessed the Mayor put the
onus on me to rectify a situation at 5 Birch Close, when to his
surprise the situation was addressed, the credit goes to the
former Democratic Mayor."
On Page 4, 4th paragraph from the bottom:
Trustee Hyland commented, "He's glad the Mayor pointed out the
election is coming up, (regarding the letter sent)
1. The snow watch is a call by the Fire Chief, has nothing to do
with the Mayor,
2.

The snow watch is paid by the Board of Trustees

The Mayor intended to buy a used Hook and Ladder from an Army
Base. Doing that would be inadequate for the Village.
Fire Chief and Ambulance committee lobbied for the new ambulance
which was long overdue."

6
I • &lt;-..-, .VW.iV-'KI.V vV*$H-ttt,'i!ft!'.*l Vi &lt;,

�NORTH TftflftVTOUJK FlflG RGPRftTKGKT
•Ji'hn R. M&lt; &gt;r.«lMii •
Chi. f lingin«vi

Fire Poiiol
Oig. 1870
Pocc'.ntico H o o k nn.1 LvJ.iei

Hi. h.»r.J C!,K!I,I
Fii&gt;t A^N.iiit Ci,:..l
L.nny Ruti^liano
Second Assistant Chief

Org. 1S7S
Rescue Hose Co. No. 1
Org. 1SS7
Union Hose Eng. Co. No. 2
Org. 1SS7
Columbia Hose Co. No. 3
Org. 1S99

JANUARY 3, 1994

TO:

MAYOR TREACY AND THE BOARD OF TRUSTEES
LINDA DAVID, ADMINISTRATOR

FROM

BOARD OF FIRE WARDENS

RE:

ELIMINATION OF 4 PARKING SPACES LOCATED AT
CORTLANDT ST/100 COLLEGE ARMS

BE ADVISED WE STILL FEEL STRONGLY ABOUT THE ELMININATION OF
4 PARKING SPACES AT 100 COLLEGE ARMS/CORTLANDT ST LOCATION
AS THIS COULD BE A LIFE THREATENING SITUATION.
KINDLY THINK THIS MATTER OVER AGAIN AND ADVISE.
RESPECTFULLY,

Si?

n

LEONARD A. RUTIGLIANO, JR
SECOND ASST CHIEF/SECY

�I ,
Meeting Date: 01/03/95
Resolution #: 01/01/95
Resolved:
That, Voting machines be used in the forthcoming
Village Election on March 21, 1995.

Moved: Trustee Alter

Seconded: Trustee Jeffers vote:

5

"°

Meeting Date: 01/03/95
Resolution #: 01/02/95
Resolved: That, the Village Clerk be directed to ascertain if
the same polling places are available at a fee of $75. for
Election Day.

Moved: Trustee Horerky Seconded: Trustee AlterVote:

Meeting Date:
Resolution #:

01/03/95
01/03/95

Resolved: That, the village Clerk be authorized to publish and
post the proper Election Day notices and also purchase the
necessary supplies.
. Trustee Alter Seconded:
„
, , Trustee i*un-uiyy
Horeckv
Moved:

„ *.
vote:

J5-0
u

Meeting Date: 01/03/95
Resolution #: 01/04/95
Resolved: That, the matter of requesting the loan of twelve (12)
voting machines from the Town of Mt.Pleasant for use in the
annual Village Election to be held on March 21, 1995, be left in
the hands of the Village Clerk, also the placing of rails,
booths, etc. in the polling places.

Moved:Trustee Alter

Seconded:Trustee Horerky

Vote:

5-0

�Meeting Date: 1/03/95
Resolution #: 1/05/95
RESOLVED: That the Village of North Tarrytown have the following
ten (10) Election Districts in the Village Election to be held on
March 21, 1995. Also, resolved that said polling places be open
from 7AM to 9 PM on Election Day.
1st. Election District

Union Hose Co. Firehouse, corner of
Cortlandt St. and Cedar St.
North Tarrytown, N.Y.

2nd. Election District

Union Hose Co.Firehouse, Corner of
Cortlandt St. and Cedar St.
North Tarrytown, N.Y.

3rd. Election District

Fire Headquarters,28 Beekman Avenue
North Tarrytown, N.Y.

4th. Election District

Rescue Hose Co.Firehouse, Lawrence
Avenue, North Tarrytown, NY

5th. Election District

National Sokol,Inc. 151 Beekman
Avenue, North Tarrytown, N.Y.

6th Election District

Historic Hudson Valley, (Sleepy
Hollow Restoration) Visitors
Recreation Center-Corner Pocantico
St. &amp; No. Broadway,N.Tarrytown,N.Y.

7th Election District

Fraternal Order of Eagles Aerie 1042
3 22 No. Broadway, N. Tarrytown, N.Y.

8th Election District

Automerica, New Broadway
North Tarrytown, N.Y.

9th Election District

Holy Cross Hall, Beekman Avenue
North Tarrytown, N.Y.

10th Election District

Historic Hudson Valley (Sleepy
Hollow Restoration) Visitors
Recreation Center-Corner Pocantico
St. &amp; No. Broadway,N.Tarrytown, N.Y.

MOVED:Trustee Alter

SECONDED: Trustee Horer.kv

VOTE: 5-0

�NORTH TARRYTOWN POLICE DEPARTMENT
MONTHLY REPORT
DECEMBER 1994

PARKING

I

629

TOTAL-692

METERS
63

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Street
Classification

49

BEEKMAN AV
ALARM BURGLAR
BEEKMAN AV
ALARM BURGLAR

49

Page 1

ALARM RESPONSE REPORT
12/01/94 - 12/31/94

01/03/95

Unit

Property Name
Account Number

00

FIRST NATIONAL BANK

00

FIRST NATIONAL BANK
SLEEPY HOLLOW NATION
#42

Date
Time

Event
Error
Assigned Officer

12/07/94
1521
12/08/94
0847

94-05495
PO CAMPBELL,B
94-05513
PO CAMPBELL ,B

12/12/94
0850

94-05563
PO BIZZARRO,M

49

BEEKMAN AV
ALARM BURGLAR

216

BEEKMAN AV
ALARM BURGLAR

12/01/94
2212

94-05421
PO CHECCHI,BO

BELLWOOD AV
ALARM BURGLAR
BELLWOOD AV
ALARM BURGLAR

12/02/94
1307
12/04/94
1415

94-05428
PO HROTKO,FRA
94-05458

I
147

CORTLANDT ST
ALARM BURGLAR

CYR'S AUTO PARTS WAS

12/22/94
0117

94-05689
PO CAMP,GREGO

160

DEPEYSTER ST
ALARM BURGLAR

TAVERAS GROCERY
#053

12/08/94
0329

94-05511
PO CHECCHI,BO

12

FREMONT RD
ALARM BURGLAR

HOUSE

12/07/94
0958

94-05492
PO CORONA,FRA

263

HARWOOD AV
ALARM BURGLAR

HOUSE

12/08/94
1037

94-05516
PO CAMPBELL,B

24

HEMLOCK DR
ALARM BURGLAR

12/09/94
1839

94-05536
PO CAMP,GREGO

11

HIGHLAND AV
ALARM BURGLAR

12/11/94
2017

94-05560
PO NEVELUS,RO

12/03/94
1802

94-05445
PO CORONA,FRA

HUDSON TERR
ALARM FIRE

BLUMENFELD RES
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HUNTER AV
ALARM BURGLAR

FITZPATRICK RES

12/14/94
1822

94-05594
PO COTARELO,J

KINGSLAND RD
ALARM BURGLAR

IPPOLITO,ELIO DR
#19

12/22/94
1003

94-05696
PO BENITEZ,AN

12/27/94
0945

94-05762
PO PELLEGRINO

12/19/94
1729

94-05657
PO CORONA,FRA

31

LAKEVIEW AV
ALARM BURGLAR

17

MERLIN AV
ALARM BURGLAR

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Page 2

ALARM RESPONSE REPORT
12/01/94 - 12/31/94

01/03/95

MILLARD AV
ALARM BURGLAR
MILLARD AV
ALARM BURGLAR

Unit

Property Name
Account Number

AT
AT

Date
Time

Event
Error
Assigned Officer

12/05/94
1039
12/26/94
1444

94-05753
PO CAMPBELL,B

12/05/94
0729
12/22/94
2209

94-05467
PO LOMBARDI,V
94-05706
PO PELLEGRINO

94-05469

MILLARD AV
ALARM BURGLAR

HOUSE

12/08/94
0819

94-05512
PO CAMPBELL,B

N BROADWAY
ALARM BURGLAR

ATC TRAVEL

12/28/94
1736

94-05792
PO NEVELUS,RO

N BROADWAY
ALARM BURGLAR
N BROADWAY
ALARM BURGLAR

DELRIO COLLISION

12/01/94
0104
12/08/94
0901

94-05409
PO CAPPELLO,P
94-05515
PO CORONA,FRA

335

N BROADWAY
ALARM BURGLAR

MICHELLE AMOCO - LAN

12/16/94
1915

94-05619
DET/ CAIXEIRO,M

377

N BROADWAY
ALARM BURGLAR

ARUG TUNE-UP CENTER

12/19/94
0547

94-05650
PO OJITO,JOSE

701

N BROADWAY
ALARM FALSE

PHELPS HOSPITAL

12/16/94
0821

94-05612
2312

710

N BROADWAY
ALARM BURGLAR

PHELPS HOSPITAL

12/01/94
2041

94-05419
PO CORONA,FRA

33

PALMER AV
ALARM BURGLAR

12/15/94
0752

94-05602
PO CAMP,GREGO

12/03/94
2250

94-05451
PO PELLEGRINO

264

283
283

POKOHOE DR
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�police ^Beptrtment
Village of ^Joril] ®arrgtofom, £OL 10591

TO:

Trustee Horecky

FROM;
RE:
DATE:

Chief Brophy
1994 Summary
12/30/94

From 1/1/94 thru 12/30/94 activity in the Police Department
consisted of the following:
1. 320 criminal cases were handled by the department, 50 remain
active (see enclosed case status report).
2. 122 0 vehicle and traffic summonses were issued.
3. 74 arrest warrants and criminal summonses were issued.
4. The D.A.R.E program continued to flourish in 1994. A
hispanic D.A.R.E. officer was added to accomodate the
English As a Second Language students.
5. On 1/1/94 P.O. Frank Hrotko, while assigned to desk duty,
instructed a mother, over the telephone, in the use of a
technique to dislodge food from a choking infants throat.
The food was dislodged and the infants life was saved.
6. The department, with the cooperation of the New York State
Liquor Authority, secured the closing of the La Terraza
Bar. The bar, a longtime nuisance, was the scene of a
homicide last year. An arrest was made in that case.
7. On 3/21/94 a firebomb destroyed a three family house located
at 127 Gordon Avenue. Det. James Reddy arrested a suspect
who was indicted on attempted murder and arson charges.

�I
8. On 4/1/94 P.O. Frank Corona used "back blows" to dislodge
a piece of food from the throat of a 3 year old girl,
saving the childs life.
9. On 7/29/94 Sgt. Jimmy Warren, while off duty, rescued a
16 year old boy from a beating by a gang of youths. Sgt.
Warren was struck and injured during the incident. Six
arrests were made after an investigation by the Detective
Division.

Respectfully submitted;

James P. Brophy
Chief of Police

�i

Scan Trcacy, Mayor

Linda £. David
Administrator
Donal M. Walsh, Jr.
Village Counsel
Angela Everett
Deputy Village Clerk
Frank Anzovino
Treasurer

TRUSTEES
Morris Alter
Jose Blanco
.John T. Hayes, Jr.
Scott P. Horecky
Michael Hyland
Greg T. Jeffcrs

HISTORIC PAST - GREAT FUTURE
November 17, 1994
Department of Law
Office of the Attorney General
Division of Appeals
and Opinions
State Capitol
Albany, New York 12227
State of New York
Office of the State Comptroller
H. Carl McCall
State Comptroller
A.E. Smith State Office Building
Albany, New York 12236
NYS Conference of Mayors and
Municipal Officials
119 Washington Avenue
Albany, New York 12210
Dear Sir/Madam:
The situation in North Tarrytown has reached an unbearable level.
The majority of the Board of Trustees feel that our duly elected
role, responsibilities and duties of office are being curtailed
and re-defined by our Mayor at the expense of our citzens.
The majority of the Board of Trustees respectfully requests an
opinion, response and/or investigation of the following actions
of our Mayor:
1.

The appointment of persons to the Planning and Zoning
Board of Appeals without discussion, input or approval
of the Board of Trustees.

2.

To unilaterally direct the Highway Department to pave a
Village park using monies out of the street paving line
of our budget without Board approval.
28 Reekmnn Avenue, North Tnrrvtown, New York 10591
(914) 631-1440

�HHHB

November 17, 1994
Page Two
3.

The expenditure of general fund monies on a party for
the Highway department without Board approval.

4.

Refusal to review an open contract that consolidated
the Village Attorney and Village Prosecutor offices.

5.

Unilaterally over-ruled the Board majority 4-2 vote of
October 4, 1994.

6.

Willfully prevented the minutes of Executive Session to
be available to the public and the Board, which
are still unavailable at this time.

7.

Refusal to conduct Village Board meetings according to
Roberts Rules of Order, (resolutions, appeals, points of
order, etc.)

8.

Tape recorded Board of Trustees work session without
the Board's knowledge.

• 9.

Expenditure of contingency (emergency funds) on
non-emergency items (mailings, keys to the Village,
etc.)

Enclosed please find the minutes of our Village Board meetings
from April, 1994 to present.
We would be most grateful for your response to this request.
Sincerely,

SH/cy
cc:

Mayor and Board of Trustees
Linda David, Village Administrator

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December 19, 1994
File No. 1294324

Scott Horecky, Michael Hyland,
Greg Jeffers and Jose Blanco
Trustees
Village of North Tarry town
28 Bcekman Avenue
North Tarrytown, New York 10591
Dear Messrs. Horecky, Hyland, Jeffers &amp; Blanco:
We are in receipt of your letter requesting our opinion or investigation with respect to a
number of actions which you state have been taken by your mayor.
Initially, 1 note that I have forwarded your letter and enclosures to our Division of
Municipal Affairs, Bureau of Examinations, for their review, as appropriate, in connection with
the next scheduled examination of the Village. With respect to your request for a legal opinion, I
note that it is our policy to render opinions only to supervisory local officials as to the propriety
of prospective courses of action. When responding to inquiries regarding actions already taken,
however, wc do, whenever possible, refer to prior opinions, court cases or statutes pertinent to
the issues raised.
Accordingly, I have enclosed for your reference the following materials which relate to
concerns expressed in your letter: Village Law, §§7-712(2), (8) and 7-718(2), (8), relating,
respectively, to the village board's appointment power over zoning board of appeals and planning
board members; Village Law, §4-412(2), which provides that, while the mayor presides at
meetings of the board, the board, as a body, may determine the rules of its procedure; Village
Law, §5-520(4) which provides that the board may make additional appropriations or increase
existing appropriations and that moneys therefor may be provided by transfer from, among other

�I

I

-2 -

sources, the appropriation for contingencies; Opn No. 90-9, concluding that the board may not
delegate its authority to make budgetary transfers; Village Law, §4-400(1 )(a) and Bailev v
Colonna. 73 Misc 2d 290, 341 NYS 359, concerning the mayor's voting and veto authority; and
Opn No. 82-263, concerning the expenditure of public moneys for picnics and similar events. I
note that your questions concerning the conduct of executive and work sessions appear to be
more appropriately within the jurisdiction of the Committee on Open Government and, therefore,
you may wish to contact that agency concerning those issues, You may also wish to address
your concerns to the village attorney.
I trust the above has been of assistance to you.
Very truly yours,

Mitchell S. Morris
Associate Counsel

MSM:kh
Encs.

�New York State Conference of Mayors and Municipal Officials
119 Washington Avenue, Albany. New York 12210 (518) 463-1185
Toll free number for NYCOM members 1-800-446-9266
Fax #(518) 463-1190
ExocutivG Committee
President
Richard G. Lockwood
Mayor, Ogdensburg

December 7, 1994

First Vice President
Mary Alice Bellardini
Mayor, Homer
Second Vice President
Clyde Rabidoau
Mayor, Pittsburgh
easurer
rry Jennings
ayor, Albany

9

mediate Past President
Shawn D. Hogan
Mayor, Hornoll
Members
Almeda C. Dake
Mayor, Saratoga Springs
Robert Elliott
Mayor, Croton-on-Hudson
Anne R. Morton
Mayor, Honeoyo Falls
Eugeno J. Murray
Mayor, Rockville Centre
John V. Pagliacclo
Mayor, East Aurora
Peter D. Qulnzi
Mayor, Ennl Rochostor
Robert D. Signoraccl
Mayor, Cohnes
Ernest J. Slrada
Ivlayor, Wir.lbury
Iroronco M. Znloski
Jayor, Yonkori;
'Afliliato Representative
Christopher Russo
Municipal Managomonl
Association of NYS
Past Presidents: Ex-Ofticio
William H. Kolly
Mayor, Asharokon
Louis C. Mnncuso
Mayor, Frodonia
Executive Director
Edward C. Fnrroll

Scott Horecky
Village Trustee
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York 10591
Dear Mr. Horecky:
This is in response to the letter by the entire Board of Trustees for the
Village of North Tarrytown regarding several issues in the Village. I will try
to answer each question in the order that it was posed.
Your first question deals with the appointment of individuals to the
planning board and zoning board of appeals. Pursuant to Village Law §7-712,
the village board of trustees is responsible for appointing members to the zoning
board of appeals and appointing to fill any vacancies on the zoning board.
Therefore appointments to the zoning board are not appointments of the mayor.
The mayor in a village appoints the planning board and the mayor appoints to
fill vacancies on the planning board. Please check your local zoning and
planning Laws to insure that you have not be local law, superseded the State
Law provisions and changed the appointment power.
Your next question is whether the mayor can direct the highway department lu pave a vilkige park, using monies out of the street paving budget
without board approval. If your budget did not specifically state what streets
would be rcpaved, the mayor is without authority to unilaterally direct which
streets would be paved. In this instance, the board of trustees pursuant to their
authority to audit all claims in §4-412 of the Village Law can refuse to pay the
claim when it comes before the board for approval. In the event that your
village budget specifically stated which streets would be paved and the street in
question was included in that budget, the board would have already given implicit authority and the mayor could direct the highway department to pave.

�Your next question relates to the expenditure of general fund monies for the highway
department without board approval. The general rule stated in the above paragraph would
apply in this instance also.
The next question is whether a mayor can refuse to review an open contract which
consolidated the village attorney and village prosecutor's offices. I am unsure by what you
mean by an open contract and what effect a refusal to review by a mayor would have on a
contract properly authorized by a village board. Let me say generally, that under §4-412 of
the Village Law, the board of trustees is responsible for approving contracts and the mayor of
a village has the responsibility of carrying out those contracts.
The next problems relates to a mayor unilaterally overruling a board majority vote. A
village mayor has no authority to overrule or veto board action. Again, I would ask you to
ensure that no local laws have been passed superseding the Village Law which would give the
mayor this authority.
You state that minutes of an executive session have been withheld from the public and
the board. Under the Open Meetings Law, minutes of executive sessions must be made
available within one week from the date of the executive session. The only thing the Open
Meetings Law requires be contained in the minutes of an executive session are any action that
is taken by formal vote which must consist of a record or summary of a final determination
of such action, and the date and vote, thereon. There are no exemptions to this rule which
would allow minutes to be withheld.
Your next question relates to conducting village board meetings according to Roberts
Rules of Order. There is nothing in State Law that requires that village meetings be in
accordance with Roberts Rules or any other specific procedural rules. Therefore, under the
mayor's general authority under §4-400 of the Village Law, the mayor has the responsibility
for presiding over board meetings. A board of trustees can require that meetings be held in
accordance with their own rules or according to Roberts Rules, and this can be done by a
resolution passed by majority vote of the trustees. Please check that you have adopted Roberts
Rules for your municipality.
You also state that the mayor tape records board of trustee work session without the
board's knowledge. A work session is still subject to the Open Meetings Law. Whenever a
quorum of a public body is together discussing public business, the Open Meetings Law
applies. As such, any member of the board of trustees or the mayor could tape work sessions
without seeking the consent of any of the members. Again, the board of trustees could, by
majority vote, prohibit tape recording.
The last item refers to the expenditure of contingency emergency funds on non
emergency items. Again my general comments regarding board expenditures would apply in
this instance also.
Please contact mc if I can be of any further assistance.

�d

Very truly yours,

Barbara J. Samel
Counsel
BJS/rjp
cc:

I

Trustee Michael Hyland
Trustee Greg Jeffers
Trustee Jose Blanko
Mayor Sean Treacy

�OFFICE OF THE

JEANINEPIRRO

D I S T R I C T ATTORNEY

COURTHOUSE

DISTRICT ATTORNEY

COUNTY OF WESTCHESTER

Will? l f f i * N Y 10601 -2507
(914)285^2000

December 20, 1994

Trustee Scott Horecky
Trustee Michael Kyiand
Trustee Greg Jeffers
Trustee Jose Blanco
village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York
10551
Gentlemen:
After having carefully reviewed your letter concerning Mayor
Sean Treacy, we have determined that there is nothing contained
therein which warrants criminal prosecution.

Very truly yours,
JEANINE PIRRO
District Attorney

Frank D. Castaldi, Jr.
Assistant District Attorney
Chief, Economic Crimes Bureau
FDC:wmd

TOTHL P. 0.1

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