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                  <text>!

A Regular Meeting of the Board of Trustees of the Village of
North Tarrytown was held on Tuesday, May 16, 1995 at 8:00 PM in
Village Hall, 28 Beekman Avenue, North Tarrytown, New York.
Present:

Mayor Sean Treacy

Richard C. Sweet
Morris Alter
Jose Blanco
Scott P. Horecky
Michael Hyland
John T. Hayes, Jr.
Trustees
Also Present
Donal M. Walsh, Jr. Village Attorney
Linda E. David, Village Administrator
Absent:
Executive Session- 7 PM
Trustee Hayes moved, second by Trustee Alter to open the meeting,
motion carried.
Trustee Blanco moved, second by Trustee Alter to go into
executive session to discuss personnel, motion carried.
Discussion ensued on the wording of resolution #05/61/95.
Trustee Blanco asked that additional wording be added before it
was read at the regular meeting.
Discussion ensued on the renewal of our insurance policy.
Discussion ensued on the memo from Detective Caixiero regarding
the Village Prosecutor and Trustee Horecky commented that her
actions were inappropriate and that the majority of the Board
agreed with him. Mayor Treacy polled the Board asking if they
concurred with Trustee Horecky's comments. Trustees Hyland,
Blanco and Horecky voted yes, Mayor Treacy and Trustee Alter and
Hayes voted no. Trustee Sweet voted yes but would like to speak
to the Court Clerk further on this matter. Village Attorney asked
if we had a written statement from the Court Clerk regarding this
matter and the Mayor commented no.
Mayor Treacy stated that he will be introducing a resolution
during the regular part of the meeting to take action against
Frank Rey and the Republican Committee to recover the legal fees
that the village spent defending the lawsuit regarding the
village elections.
Trustee Sweet commented that at a recent NYCOM seminar that he
attended, it was noted that a special meeting can be called by
the Mayor or a Board member by notifying'the members in person,
in writing or by telephone. Discussion ensued.
There being no further business, Trustee Blanco moved, second by
Trustee Alter to adjourn the executive session, motion carried.
Mayor Treacy called the meeting to order with a pledge to the
flag. Trustee Alter moved, second by Trustee Horecky to open the
meeting, motion carried.
1

�I I

&lt;fl

Public Hearing-None
Approval of Minutes
Trustee Horecky moved, second by Trustee Alter to approve the
minutes of the May 2,1995 meeting as written, motion carried 6-0.
Approval of Warrants
Trustee Alter moved, second by Trustee Hayes to approve the
warrant and authorize the Treasurer to pay the bills. Trustee
Horecky commented that there is an old outstanding bill of $45.
due to Pat's Pizzeria.
The Mayor commented that we will check
with the Treasurer and add that bill to the warrant; with that
addendum motion carried 5-1 with Trustee Hyland voting no. Total
of the General Fund is $89,311.06 and the Water Department fund
total is $19,236.15.
Public Comments-Agenda Items
Trustee Hayes moved, second by Trustee Alter to open the public
comment section, motion carried.
Frank Rey asked about the resolution regarding transfers. The
Mayor responded that these were salary increases given during the
year due to contractual settlements.
Resolutions-Attached
Public Comments
Trustee
Horecky moved, second by Trustee
public comment section, motion carried.

Alter

to

open

the

Dan Rodrigues,
former village resident, toured the village
recently and felt there is much in this village that needs to be
addressed and that the village should move on to the business of
governing and the forthcoming closure of GM.
He folt that
Trustee Blanco and his family deserve an apology.
Mr. Kavicky felt the salaries on the transfer resolution should
be listed. He also commented that the rerun of the last meeting,
some portions of the cable public hearing was cut off. The Mayor
commented that these increases were given awhile ago and the
money is being transferred now.
Mrs. Belanich commented on the garbage that is always laying on
the steps at 232 N. Washington Street. The Mayor commented that
we will have the General Foreman issue a summons.
Frank Rey asked why the resolution for the Special Counsel was
amended. He also commented that he will be appealing the decision
of the Judge with regard to the election lawsuit and asked who
the Chairman of the Democratic Party is.
Mayor Treacy commented that Trustee Blanco requested that the
additional wording be added regarding the special counsel during
our executive session.
The Acting Chair of the Democratic Party
is Susan Treacy.
Mario Belanich
assessment.

asked

about

the

status

of

the

General

Motors

�The Mayor gave a brief update of the GM issue. He commented that
all parties involved must agree on an Assessor. GM is willing to
sit down with us now and discuss all issues.
Trustee Sweet commented that the school taxes are derived from
the town tax roll which is prepared from prior years' assessment
roll which means the tax roll for 1995 as far as the school is
concerned was determined by the 1994 assessment roll. In 1996 you
need to have an assessment roll for 1995 before you can prepare a
tax roll for 1996. The agreement that was signed by all parties
in 1985 stated that there would be a fixed sum of money through
1995. In 1996 General Motor's "taxes"(pilot payment) will be
determined as an amount by the use of the assessed value of the
property and the total tax levy.
Frank Rey asked about the Halpern lawsuit status.
The Mayor commented that the Village Attorney is in the process
of scheduling depositions now to be held within the next five or
six weeks. We are in the discussion stage now and a counter suit
has been filed.
There being no further comments, Trustee Horecky moved, second by
Trustee Alter to close the public comment section, carried.
Old Business
Mayor Treacy commented that he neglected to appoint the Deputy
Mayor and therefore appointed Trustee Alter as Deputy Mayor.
Mayor Treacy reappointed John Lewis as Acting Village Justice,
second by Trustee Alter. Trustee Blanco commented that he would
like to put forth the name of Barbara Frees. The Mayor commented
that he heard she no longer lived in the village. After brief
discussion motion passed 4-2-1. On roll call:
Mayor Treacy,
Trustee Hayes, Alter and Sweet voted yes, Trustees Horecky and
Hyland voted no and Trustee Blanco abstained.
Trustee Horecky moved that Trustee Sweet be appointed as Chairman
of the Police Committee, second by Trustee Alter and carried.
New Business
Mayor Treacy stated that hydrant flushing has started this week
and will continue through May 2 6th.
Mayor's Report
Mayor Treacy commented that his hopes and goals for the future of
the village is that we can all work together. He hopes to
continue the good works in keeping village spending down,
improving the village with new storefront facades, sidewalks,
etc. We will be installing an elevator in village hall to comply
with the ADA, hopefully Sleepy Hollow Landing will be a reality
within the next year.
We will "be continuing to work with
developers in the community. We already have had many buildings
rehabed. The Historic River Towns of Westchester is promoting
tourism for our village and surrounding areas and the Horseman
Trail is in the process of being built.
Starting on the July 4th weekend there will be trolleys on
3

�L
Beekman avenue on weekends, we have a grant for a new police
officer, we are working on shared services with other villages,
relationships with GM are better and we have signed an
intermunicipal agreement for Reverend Sykes Park. He thanked all
the people who voted in the past election, it was a huge turnout.
He reported that we will be renewing our insurance policy with
our current carrier Gallagher Bassett; after reviewing the
benefits of another company, we found our current carrier to
offer the best value with a savings of $10,000. a year due to a
reduction in our deductible from $35,000. to $25,000.
We have received a $100,000. grant for a feasibility study for
future uses of the GM site. We should be able to announce the
company who will be doing this within the next two months.
Mayor Treacy reported storefront facade improvements have taken
place on the south side of Beekman Avenue, O'Briens laundry and
deli. Improvements on the old Strand Theatre will be taking place
soon.
Trustee Reports
Trustee Sweet reported that he attended a CAC county meeting in
Irvington with representatives from other areas to get acguainted
and exchange problems and ideas.
He attended a NYC0M seminar in Garden City which was very helpful
and instructive.
Trustee Sweet attended an Environmental Management Council
meeting in White Plains regarding composting and recycling which
was very interesting. It involved a survey of medical impact
which composting involves. A typical recycling center
is being
operated on the other side of the County. Hopefully some day we
will have our own recycling center. He talked to Joe DeFeo about
that and Joe is very much in favor of getting a recycling site
selected and going before the fall foliage season is upon us.
At the last Westchester County Municipal Officers' meeting Mayor
Pilla was elected President.
Trustee Sweet commented that he spoke to Joe DeFeo about the
possibilities of what can be done at the village garage to
accommodate the necessity of having
the sand/salt
piles
covered as well as moving the equipment. Plans are being drawn up
now so that we can move forward with some assurance of being able
to move that facility over there.
We must be able to
accommodate the equipment and the salt/sand on the east side of
River Street before we can go forward effectively with starting
to create the waterfront park.
Trustee Alter gave the attached public works report and commented
that Joe DeFeo would like to try to go ahead with recycling every
Wednesday even when there is a holiday.
On May 23rd at 7PM there will a parent orientation for the day
camp which will begin on July 10-August 18. There are a few
spaces left in tot camp, we need ballplayers to participate in
4

•

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# f c | | i r '

• • • • • . ••*••• •?•''•

•••

"•

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°^_

the arc pitch softball league which is a slow pitch softball
game.
Trustee Alter commented that he would like to call for a public
hearing on June 6th to amend the Noise ordinance to add that
Saturday hours will be from 10AM-8 PM, second by Mayor Treacy and
motion carried.
Trustee Hyland asked about the repaving of the streets. Trustee
Alter commented that on his schedule he has Fremont Circle,
Merlin and Munroe Avenue.
Mayor Treacy commented that we have received a SHIPS grant of
$135,000. plus our own paving program of $34,000.to do all the
streets that need it, also River Street to Beekman.
Trustee Blanco commented that the Beekman Express Deli has closed
and he welcomed the J&amp;G Deli and wished Nina good luck in her new
endeavors.
Trustee Horecky commented that with regard to Reverend Sykes Park
in the original agreement between the two villages, the park
was to be maintained, supervised and developed with co-approval
on a 50/50 basis. North Tarrytown has spent approximately $6720.
a year and he would like some of this money recouped and asked
the Mayor if he has moved forward on this since the last meeting.
Mayor Treacy commented that unfortunately
time.

he has not had the

Trustee Horecky suggested eliminating personal take home
vehicles for the Administrator, General Foreman and Recreation
Superintendent in a way to save money.
Mayor Treacy commented that since two of these employees are
union members, this may not be possible since the car is a
condition of employment. Discussion ensued.
Trustee Horecky suggested that the Office of the Village
Administrator be made a part- time position in a way to save
money.
Trustee Horecky wanted to add the fire department's request for
pagers to next work session agenda.
Trustee Horecky read letter from the Fire Council regarding the
budget, (part of official minutes)
Trustee Horecky commented that the swings in Barnhart Park need
repairs as well as the rims of the basketball nets and the games
need to be redone, hopefully these should be taken care of by
June 1st., the lawnmower is being repaired now.
Trustee Hyland commented that he 'is very happy that we finally
moved executive session to 7 PM and the Board can be brought up
to date on different issues during this time. He commented with
regard to the transfers from the contingency fund, he voted no
because
the Mayor commented that we have not overspent our
budget and yet the Village Attorney's line is at 168% already.
5

�J

He commented that there will be a public hearing on May 22, 1995
in Tarrytown on the proposed concrete recycling plant and all
comments should be given by May 19th. This recycling plant will
have a great impact on North Tarrytown as well.
Trustee Sweet commented that the County wants to create this
plant at the Cooney property. The CAC is against this as it is a
non-conforming use. He has a report, the DEIS, for anyone who
would like to read it. He gave a brief overview on how this plant
would operate. Trustee Sweet, Don Stever and the Planning Board
Chairman will be attending this hearing. Brief discussion ensued.
Trustee Hyland read a letter from Mrs. Napolitano of Van Tassel
Avenue into the record. The Mayor commented that he will give
Mrs. Napolitano assurance in writing.
Trustee Hayes reported that the Library Board will meet on June
1st. and that Diane Boersma would like to meet with our Board to
make a presentation to the Board about the history of the
Library, current status and future of the Library.
The Third Annual Firemans parade will be held on June 24th
starting at 1:30 PM and will march to the GM lot.
They are
requesting permission to put banners on Beekman Avenue and Route
9.
Trustee Hayes moved to approve this request, second by
Trustee Horecky and carried.
Trustee Hayes read a letter from the Mayor of Ossining to Chief
Chulla thanking the Fire Department for their assistance in
fighting the huge fire a few weeks ago.
Trustee Hayes read the attached fire department correspondence.
Trustee Alter moved, second by Trustee Hayes to approve the
action taken at their meeting, motion carried.
Mayor Treacy commented that the May budget report shows that with
8% of the year left, 15% of our budget is remaining.
Administrator's Report
In the absence of the Administrator, the Deputy Clerk read the
Zoning Board agenda to be held on May 17, 1995 at 8 PM, the
Planning Board agenda to be held on May 18th at 8 PM and the
Architectural Review Board agenda to be held on May 24th at 8 PM.
The Board of Trustees work session will be held on May 23rd at 8
PM, the Noise and Litter Committee will meet on May 25th at
7:30PM, the Library Board will meet on June 1st at 7:30 PM and
the School Board will meet on June 8th at 7:30 for executive
session and their regular meeting will be at 8 PM.
Communications, Petitions &amp; Requests
Deputy Clerk read correspondence from the Tarrytown Donut Shop
notifying the Village of their intent to renew their liquor
license. (Referred to Police Chief)
Mayor Treacy received an invitation to the Seniors luncheon on
May 2 4th at Rudys.

�/&lt;=5

Correspondence from Pleasantville Board of Fire Commissioners was
received thanking the Chief of Police and his department for
their help in meeting the funeral cortege of Hugh Watts at the
village line and escorting it to Sleepy Hollow cemetery.
The Mayor and Board has been invited to the Sleepy Hollow Family
Festival on June 4th from 11AM-5PM.
The Mayor received correspondence from Barry Convoy, Jr. of the
NY Guard Headquarters thanking him for participating in their
services on May 6th and for the address that he gave.
The Mayor received correspondence from students asking him to
participate in an Earth Day parade on May 2 3rd from 10AM-11:3 0AM.
The Mayor received a fund raising letter from the Old Dutch
Church Burying Ground committee and they thanked the village for
the dogwood trees that were planted.
He received a request from the COC to hold a basketball league on
Tuesdays and Thursdays. (Discuss at work session)
The Mayor commented that he received a copy of a letter from the
Building Inspector to the management of College Arms regarding
their incinerator which will be removed
and a compactor
installed in its place.
Trustee Horecky read into official minutes,correspondence from
Chief Brophy stating that on March 7, 1995 a letter of reprimand
was placed in his file and requested that this be removed since
it was placed in there illegally.
There being no further business, Trustee Alter moved, second by
Trustee Blanco to adjourn the meeting, motion carried.
Respectfully submitted,
Angela Everett
Deputy Village Clerk

7

�I

Meeting Date:
Resolution #:

05-02-95
05-53-95

Be It Resolved the Board of Trustees of the Village of North
Tarrytown schedules an Executive Session
if needed, for the
second and fourth Tuesday of each month during their work
session; and at such work session the Board may take a vote on
items if needed.
MOVED: Trustee Alter

SECONDED: Trustee Hayes

On Roll Call

Trustee Hayes
- No
Trustee Horecky - No
Trustee Blanco - No

Meeting Date:
Resolution #:

05-02-95
05-56-95

VOTE; 4-3

Mayor Treacy
Trustee Alter
Trustee Hayes
Trustee Swf-et

-

Yes
Yes
Yes
Yes

For those situations that require immediate attention,
Be It Resolved that each work session may be considered to be an
official meeting of the Board of Trustees for purposes of voting
on resolutions.
MOVED: Trustee Haves
On Roll Call:

Trustee
Trustee
Trustee
Trustee

SECONDED: Trustee Alter
Hyland
Horecky
Blanco
Sweet

-

No
No
No
No

VOTE: 3-4

Mayor Treacy - Yes
Trustee Hayes - Yes
Trustee Alter - Yes

�I

Meeting Date:
Resolution #:

05-16-95
05-60-95

With the request of Mr. Venier to set aside a handicap parking
space in front of his home at 38 Lawrence Avenue, and
Whereas, Mr. Venier does have the appropriate handicapped
documentation for his car,
Now., Therefore, Be It Resolved, that the Board of Trustees does
hereby call for a public hearing on Tuesday, June 6, 1995 to hear
and consider amending Chapter 57 of the Code of the Village of
North Tarrytown to add a handicapped parking space in front of 38
Lav/rence Avenue, across from said address.
MOVED; Trustee Hyland
Meeting Date:
Resolution #:

SECONDED: Trustee Horecky

VOTE: 6-0

05-16-95
05-61-95

WHEREAS, the Board of Trustees has authorized the hiring of
Mr. Peter Goodrich, Esq. as a Special Counsel to review the
water meter incident at 15 Sleepy Hollow Road and the alleged
automobile vehicle violation re: Henry Blanco and alleged police
cover-up and the subsequent investigations,
FURTHER, it is specifically resolved that communications of
all Village Officials and employees with the aforesaid special
counsel shall be through Donal Walsh, Esq. Further, to assist
the special counsel in his investigation, all Village Officials
and employees are hereby instructed to comply immediately with
any request the special counsel may make.
and, WHEREAS, Mr. Goodrich is to complete his inquiry into this
matter and release a report to the Mayor and Board of Trustees
within said time limit.
NOW, therefore, Be It Resolved that Mr. Goodrich be hired for a
period not to exceed 90 days at a maximum of $5,000.00 both of
which limitations may only be extended by subsequent resolution.
MOVED: Trustee Hvland
Mayor Treacy voted no.

SECONDED: Trustee .Horecky

VOTE: 6-1

�Meeting Date:
Resolution #:

05-16-95
05-62-95

Whereas the Villag^e of North Tarrytown has created an
Environmental Review Board in accordance with the Reclamation
Law,
Now, Therefore, Be It Resolved, that the Mayor does hereby
aopoint the following members to the E.R.B. with the approval of
the Board of Trustees in accordance with that law.
Donald Stever, Conservation Advisory Council
George Hritz, Planning Board
Three Residents to be named
MOVED: Mayor Treacy

SECONDED: Trustee Alter

VOTE: 6-1

Trustee Hyland voted no.
Meeting Date:
Resolution #:

05-16-95
05-63-95

Since the Village has recently received a request to increase the
rent for the municipal parking lot at 23 Beekman Avenue, across
from Village Hall,
Now, Therefore, Be It Resolved that the Board of Trustees does
hereby authorize the Village to pay Mrs. Capozza $730 per month
effective June 1, 1995.
MOVED: Trustee Haves
Trustee Hyland voted no.

SECONDED: Trustee Alter

VOTE: 5-1

�/&amp;F

Meeting Date:
Resolution #:

05-16-95
05-64-95

Whereas, salary increases have been awarded for the current
fiscal year the following amounts will be transferred from
Contingency:
A1110 Village Justice
A1110-100 Pers. Serv.
(Judge)
A1110-103
Clerical Temp.
A1110-111 Pers. Serv.
Clerk
A1110-112 Pers. Serv.
Asst. Clerk
A1230 Administrator
A1230-113
Secretary

\

955
702
4,206
3,261

3,204

A1410 Village Clerk
A1410-100 Pers. Serv.
A1410-103 Pers. Ser.

(Deputy) Clerk
Temporary

4,045
1,350

A1640 Central Garage
A1640-105
Mechanic
A1640-106 Asst. Mechanic

300
1,277

A3620 Safety Insp.
A3620-111 Bldg Inspect.

2,362

A5010 Street Admin.
A5010-100
Foreman

2,355

A5110 Street Maint.
A5110-111 Pers. Serv. HMEO
A5110-121 Pers. Serv. MEO
A5110-131
Laborers

5,225
1,890
9,815

A7140 Recreation
A7140-100 Superin.
A7140-112 Rec. Leader

4,675
1,180

A8160
Sanitation
A8160-102
MEO
A8160-103
Helpers

4,425
12,000
Total

MOVED: Trustee Alter

$63,227

SECONDED: Trustee Horecky

Trustee Hyland voted no.

VOTE: 5-1

�Meeting Date:
Resolution #:

05-16-95
05-65-^5

Whereas, the Village of North Tarrytown must renew our Liability
Insurance Policy for the year beginning June 1, 1995.
Now, Therefore, Be It Resolved that the Board of Trustees does
hereby authorize the Mayor to execute the renewal agreement with
Gallagher Bassett for $192,653.52
MOVED: Trustee Haves

SECONDED: Trustee Horecky

VOTE: 5-1

Trustee Hyland voted no.

Meeting Date:
Resolution #:

05-16-95
05-66-95

In accordance with the fact that the Village of North Tarrytown
would like to continue with the fine services of our bond
counsel, Kenneth Bond, Esq., and
Whereas, Mr. Kenneth Bond moved to the new law firm of Squire,
Sanders and Dempsey,
Now, Therefore, Be It Resolved that the Board of Trustees does
hereby authorize the Administrator to send a letter authorizing a
change to the new law firm.
MOVED: Trustee Alter

SECONDED: Trustee Horecky

Trustee Hyland voted no.

VOTE: 5—1

�11

Meeting Date:
Resolution #:

05-16-95
05-67-95

Whereas, a challenge to the recent North Tarrytown
elections was brought by an unsuccessful candidate and,

Village

Whereas, Village Administrator, Linda David and the Village of
North Tarrytown were named as parties and yet no allegations of
improper election practices on either party's part' were the
subject of offered proof thereby rendering the suit unfounded,
and
Whereas, public funds are or will be appropriated to pay for the
defense of these parties against this specious suit,
So it is Therefore Resolved that the Village Attorney be
authorized to file an action against Frank Rey and the North
Tarrytown Republican Committee "to recover any and all public
funds so expended in the defense of this now-dismissed action.
MOVED: Mayor Treacy
On Roll Call:

SECONDED: Trustee Alter

VOTE: 3-3-1

Mayor Treacy - Yes
Trustee Hyland - No
Trustee Alter - Yes
Trustee Horecky - No
Trustee Hayes - Yes
Trustee Blanco - No
Trustee Sweet - Abstained

Meeting Date: 05-16-95
Resolution #: 05-68-95
Whereas, the Village of North Tarrytown is in receipt of advices
from the Village of Tarrytown in respect to an application by
parties to construct and operate a concrete recycling plant. on
riverfront property in the Village of Tarrytown adjacent to the
Village of North Tarrytown, and
Whereas, the Hudson River is a priceless resource and the
property on its banks is clearly an environmentally sensitive
area, and
Whereas, it is the opinion of our Conservation Advisory Council
that such a nonconforming use of waterfront property would be
highly inappropriate,
Resolved that the Village Board of the Village of North Tarrytown
is unilaterally opposed to any such development and/or use of
such property in the Village of Tarrytown.
MOVED: Trustee Alter

SECONDED: Trustee Sweet

VOTE: 6-0

�PUBLIC WORKS REPORT
MAY 16, 1995

The 50/50 sidewalk program has started and will continue as long
as funds are available.
The sidewalk on Crane Avenue and on route 9 by the Getty station
have been replaced.
The repaving program has started.
The highway department is
preparing Munroe Avenue for repaving.
NOTE: PLEASE DO NOT PARK ON MUNROE AVENUE WHILE THE DEPARTMENT
OF PUBLIC WORKS IS PREPARING THE ROAD FOR REPAVING.
Tree work is continuing.
We are continuing to clean out catch basins in the inner village,
Webber Park and the Manors.
LEAVES MUST BE BAGGED AND BRUSH TIED UP BEFORE IT WILL BE PICKED
UP ON MONDAYS AT THE CURB.
HYDRANT FLUSHING BEGAN ON MAY 15TH AND WILL CONTINUE THROUGH MAY
26TH. THE FLUSHING WILL BE-DONE DURING THE DAY FROM 10AM-1PM IN
ORDER TO SAVE ON OVERTIME.THE INNER VILLAGE IS BEING DONE THIS
WEEK AND THE MANORS WILL BE DONE THE FOLLOWING WEEK.
The new sanitation truck was delivered last Friday.
Evergreen Way will be prepared for repaving which should take
place by the beginning of June followed by Fremont Circle and
Merlin Avenue.
STARTING THE WEEK OF MAY 29TH, RECYCLABLE ITEMS WILL BE PICKED UP
EVERY WEDNESDAY, INCLUDING THE WEEKS WITH A HOLIDAY!!!!!!!!!!

�I

!

Mrs. C. Napolilano
122 Van Tassell Avenue
North Tarrytown, NY 10591

May 12, 1995
The Village of North Tarrytown
Board of Trustees
Beekman Ave.
North Tarrytown, NY 10591
Gentlemen:

'"

Recently, the Highway Department of the Village of North Tarytown, in their 50/50 sidewalk
re-pavement program, re-paved the driveway of my next door neighbor. In re-paving their
driveway, which runs alongside my front yard, it was necessary to encroach upon a portion of the
property for which the village says I am responsible. This small section of land had previously
covered a drainpipe which runs from my house to the street which, from time to time, must be
cleaned by me when it becomes clogged with ice and debris. Subsequently, a bend has been
created in this drainpipe to accommodate my neighbor's new driveway. I am concerned that this
bend will cause more clogging than before. Furthermore, it is going to be impossible for me to
clean the drain as I have done for so many years due to this bend.
I feel that the encroachment upon this property is abhorrent and that the officials of the Village
should come to my defense and address my concerns. Furthermore, as I have already stated, I am
concerned about the pipe and my ability to clean it. After repeated calls to, and conversations with
the Village Administrator, I was assured that if there were any problems that Village workers
would coirect them.
With this in mind, I feel that it is in my own best interest to have these promises put in writing,
and signed by those who have made these promises.

�3

VV

JAMES P. BROPHY
CHIEF OF POLICE

TELEPHONE
(914)631-0800

police department
pillage oi^oxtti ftarrutofon, $$•% l ^ 5 9 1

TO:

Trustee Scott Horecky

FROM:
RE:
DATE:

Chief James Brophy

Letter of Reprimand
5/2/95

On March 7, 1995 the enclosed letter of reprimand was placed
in my personnel file. 5711-Q section 9 of the Unconsolidated
Laws of New York State prohibits such a reprimand without
written charges being made and preferred nor until such charges
have been investigated, examined, heard and determined by the
Board of Trustees.
Since the letter of reprimand was illegally placed in my file,
I respectfully request that it be removed.

Sincerely,

James P. Brophy
Chief of 'Police

�/A

T

COflFIGtflM
Sean Treacy, Mayor

Linda E. 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. Jeffers

HISTORIC PAST - GREAT FUTURE
March 7 ,

I

1995

Chief James Brophy
Village of North Tarrytown
Police Department
2 8 Beekman Avenue
North Tarrytown, New York 10591
Re:
Letter of Reprimand
Dear Chief Brophy:
The Mayor and Board of Trustees have directed that the following
letter of reprimand be placed in your permanent official
personnel file. The underlying basis for this letter comes as a
result of unprofessional and inappropriate conduct exercised by
you during a telephone conversation with Judge Michael Frascati.
After reviewing the facts and circumstances surrounding Judge
Frascati's complaint to the Board about your conduct, the Board
has made the following factual determination:
During a telephone conversation initiated by Judge Frascati to
you on the evening of February 2, 1995, the Judge indicated that
the absence of one of your police officers had caused a problem
for the court. Your response to him was, "what do you want me to
do from here". After Judge Frascati commenced to explain to you
that he wanted assurances that police officers would appear for
court in the future, but before he could finish his sentence, you
slammed the phone down.
The conduct displayed by you showed an absolute and utter lack of
respect for those in a position of authority, unaccepatable
abusive behavior,and an unreasonable manner which reflects poorly
upon yourself, your department and the Village. By slamming the
phone on a judge you also showed disrespect for the judicial
process.
This letter of reprimand addresses several violations of the
Village's Employees Rules of Conduct (see attached) adopted by
the Village of North Tarrytown Board of Trustees on July 12,
1988, to wit:
28 Beekman Avenue, North Tarrytown, New York 10591
(914) 631-1440

�Chief James Brophy
March 7, 19 95
Page Two
1.

Insubordination. Displaying disrespect to those in
positions of* authority. As the chief judicial officer of
the Village of North Tarrytown, Judge Frascati was perfectly
within his bounds to inquire as to attendance of police officers
who were needed to prosecute tickets. Even if he was not within
the scope of his bounds, your response to him was inappropriate,
disrespectful and unwarranted.
2. Misconduct. Being abusive to others. It goes without
saying that slamming the phone down on another is abusive
conduct.
3. Other Just and Sufficient Cause. Failing to act in a
reasonable manner.
Your actions reflected poorly on yourself,
the department and the Village of North Tarrytown.
In addition to the above violations of the Employee Rules of
Conduct, you also violated two sections of the Rules and
Regulations of the North Tarrytown Police Department, to wit:
1.
section 77-5 states that the commanding officer is
responsible for the enforcement of his command and for the good
order, efficiency and discipline of the force under his command.
Failure of police officers to appear in court when properly
summoned is a matter which should have been addressed by you.
Your neglect in doing so can only lead for a disregard of the
system by the entire department.
2. Section 77-141 states that each member of the department
shall be quiet, civil and orderly.
In the performance of his
duty, he shall maintain decorum and attention, command of temper
and patience and shall be discreet. He shall refrain from harsh,
violent, coarse, profane or insolent language. Your conduct of
February 2, 1995 was contrary to all of the above.
Very truly^ yours1
Linda" David
Village Administrator
LD/cy
cc:

Mayor and Board of Trustees
Personnel File

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NORTH TRRRVTOUIN FIR€ !&gt;€PflRTM€NT
Richard M. Chulla
Chief Engineer
Lenny Rutigliano
1st Asst. Chief
Robert Moon
2nd Asst. Chief

Fire Patrol
Org. 1876
Pocantico Hook &amp; Ladder
Org. 1878
Rescue Hose Co. 1
Org. 1887
Union Hose Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org. 1899

May 1 2 ,

I

1995

To:

Mayor and Board of Trustees

From:

Fire Council

Dear Mayor and Board of Trustees:
The following took place at our last meeting:
Fire Patrol:

Union Hose:

Michael Timm transferred from Active
Membership to the Associate List
William Hennessey Sr. has been accepted as
an Associate Member.
Kimberly Rudolf and Dennis Cueva have been
elected to active Membership.

Pocantico
Hook &amp; LADDER

I

Jerry Compton has been elected to active
membership.
David Emma has been removed from the
Associate List and placed on the Active List.
James Lerario Jr. has transferred from Life
Active to Life Associate Membership.
There are ten parades, plus our own Inspection Parade that we
are participating in, so far. We would like permission to take
all 3 Chiefs cars and appropriate apparatus to these parades.
We hope the relocation of the Cascade System is on schedule. It
must be removed by the end of May as the new Ladder truck will be
arriving in early June,
-^
A letter was sent to the Board concernincj our feelings about the
budget. We would appreciate it if it was read.
' • * ,

Firematically yours,
**v"

Robert Moon
Secretary/2nd Asst. Chief

�NORTH TflRRVTOWN F!R€ D€PRRTM€NT
\ \(\
Fire Parfol
Org. 1876
Pocantico Hook &amp; Ladder
Org. 1878
Rescue Hose Co. 1
Org. 1887
Union Hose Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org. 1899

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Richard M. Chulla
Chief Engineer
L e n n y Ruti
S»ano
lst Asst Chief
Robert Moon
2nd Asst. Chief

April 27, 1995
TO:

Mayor and Board of Trustees

FROM:

Fire Council

RE:

ADOPTED FIRE BUDGET

Dear Mayor and Board of Trustees,
The Fire Council wishes to convey their displeasure with the adopted Fire
Budget. Chief Chulla presented a fair and no frills budget that was needed
and necessary for the Fire Department.
The Mayor, alone, should not decide what items are not necessary in the
Fire Budget. The Mayor and the Board should have sat down with Chief Chulla
and let the Chief decide what items to remove. What good is supplying
boots and bunker pants, but not helmets? We have 15-20 new members that
need to have complete turn out gear to fight fires.
Also, Building Maintenance, heating and phone bills should not be in our
budget. By placing them in the Administrative Budget and keeping the
Fire Budget at the same amount, we will be able to maintain and update our
aging equipment.
We do not want to sound mightier than thou, but with new State and OSHA .
requirements, it costs more to outfit and maintain a Fire Department. Look
at what other communities spend on th&lt;??/ r Fire Budgets.
We are appreciative to the Board for purchasing a new Ladder, Rescue Truck
and Ambulance for the Department. Each vehic/^iT was replaced due to their age and failing mechanical condition.
The Fire Department is not demanding better pay,better working conditions,
more sick or vacation time. Our all Volunteer Fire Department requires a
decent budget to supply proper up to date equipment to protect the safety
of our personnel. If you had to fund a paid Department, it would cost in
the millions each year.
We just want a fair dollar amount in our budget to continue supplying the
best fire protection we can to the residents of North Tarrytown.

'ViV.

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NORTH TflRRVTOtUN FIR€ D€PRRTM€NT
Richard M. Chulla
Chief Engineer
Lenny Rutigliano
1st Asst. Chief
Robert Moon
2nd Asst. Chief

Fire Patrol
Org. 1876
Pocantico Hook &amp; Ladder
Org. 1878
Rescue Hose Co. 1
Org. 1887
Union Hose Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org. 1899
Page 2 Cont
We feel that the Board should sit down with the Chiefs and renegotiate
the Capital item requests.

Yours in Fire Safety,

*~~£&amp;r-f
Robert Moon, Secretary
2nd Asst. Chief NTFD

v

�ADDENDUM3 TO MINUTES OF MAY 16, 1995
PAGE 2:

PARAGRAPH 6

Dan Rodriques- "These unfounded allegations against the Blanco
family and the police department should have been held during
executive session." He once thought Mr. Treacy would do some
good for the community when he met him during his campaign. Yet
after he made these unfounded allegations to the newspaper and
the public he has lost a tremendous amount of respect for him.
He is struck by the fact that the Mayor has no vision and is
urging the Mayor to move forward with the business of the Village
instead of this nonsense and offer a public apology to Jose
Blanco and his family."
PAGE 2: PARAGRAPH 9
Frank Rey"He urges the Mayor to move forward and address
the concerns of the Village. He was disappointed that Mr. Treacy
would take this opportunity to move forward to make derogatory
statements to the press and continue insults and negative petty
politics. This makes it evident that Mr. Treacy is not concerned
with moving ahead with the concerns of the Village.
We will address the merits of this case and Mr. Treacy you
will have your day in court to address the issues and not to have
back room antics looking for technicalities to avoid the issues.
"That we will be able to pave every street in North
Tarrytown and we will have the nicest streets in Westchester
County."
PAGE 5: PARAGRAPH 5
Trustee Horecky Over 14,00 dollars is owed to North Tarrytown
from Tarrytown this is the good opportunity to improve our
recreation department:
"The public hearings purpose is to gather suggestion from
the public and consider these suggestions that best benefit the
Village.
Because the budget was shoved through, any valuable
cost saving suggestions are lost."

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