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                  <text>A regular meeting of the Board of Trustees of the Village of
North Tarrytown was held on Tuesday, February 6, 1996 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:
Linda E. David, Village Administrator
James Simmons, Village Attorney
Mayor Treacy called the meeting to order with a pledge to the
flag.
Public Hearings-None
Approval of Minutes
Trustee Hayes moved, second by Trustee Horecky to approve the
minutes of January 16,1996 with an addition made by Mayor Treacy.
On page 3, first paragraph, "The Mayor discovered the grant, the
Mayor received the grant application, the Chief filled in the
grant application and the Mayor lobbied for the grant and was
awarded the grant for the Village of North Tarrytown." Motion
carried 6-0.
Trustee Horecky moved, second by Trustee Alter to approve the
minutes of the Special meeting of January 18, 1996 as written,
motion carried 5-1 with Trustee Hyland voting no.
Approval of Warrants
Trustee Alter moved, second by Trustee Horecky to approve the
warrants of January 16, 1996, motion carried 5-1 with Trustee
Hyland voting no. Total of the General Fund is $81,967.45,
Capital fund total $2,690. and the Water fund total $5,391.88.
Trustee Hayes moved, second by Trustee Alter to approve the
warrants of February 6, 1996. Brief discussion ensued on payments
to Hitsman,Hoffman &amp; O'Reilly, Insurance Reserve, and Depository
Trust; motion carried 5-1 with Trustee Hyland voting no. Total of
General Fund is $192,351.46, Capital Fund total $11,908.19 and
the Water fund total $18,655.28.
Public Comments-Agenda Items
Trustee Alter moved, second by Trustee Hayes to open the Public
Comment section, carried.
Mr. Occhigrosso, Mr. Perlmutter, Mr. Carlin
spoke in favor of having a public hearing for
Palmer Avenue onto Route 9" and felt that
solution for Devries and Merlin and hoped the
law tonight.

and Mr. Bucik all
"no left turn from
this is the best
Board passed this

There being no further comments, Trustee Horecky moved, second by
1

�I

Trustee Alter to close the public comment section, carried.
Resolutions\Attached
Public Comments
Trustee Alter moved, second by Trustee Horecky to open the public
comment section, carried.
James Tierney of 255 N.Broadway addressed the Board requesting
that the village purchase a heating thermostat which is placed in
an apartment for two or three days to see if the landlord is
providing the proper amount of heat for a building.
These
thermostats cost approximately $200.
Linda David commented that she spoke to the Building Inspector
about this and he explained that heat complaints come under the
jurisdiction of the County Health Department.
Mayor Treacy asked that his request be put on the next work
session agenda for discussion.
There being no further comments from the public, Trustee Horecky
moved, second by Trustee Hayes to close the public comment
section, motion carried.
Old Business
Trustee Sweet asked if we have received any response from the
County regarding the Police Officer's canvass.
Linda David commented that the list needed to be returned and the
list could not be extended as per our request, they needed more
time to review the residency of the one candidate and then they
would reissue a new list when we request it.
Trustee Blanco asked that the Administrator give all the
information regarding the proposed referendum to the Board in
their packets this week.
New Business-None
Mayor*s Report
Mayor Treacy gave a brief update on the problem that arose during
the interviewing of the candidates on the civil service list.
Mayor Treacy commented that there will be a GM Task Force meeting
next Monday.
Art Hestor, plant manager, their attorney and our
attorney will be present. Discussions will continue with regard
to a possible contract with GM and a departure package.
Two weeks ago the Historic River Towns met. Metro North would
like to underwrite our trolley program which would go through
Tarrytown, North Tarrytown and Irvington.
There will be a
meeting on Thursday.
The Mayor commented that he attended the public hearing held in
Tarrytown regarding the proposed concrete recycling plant on
River Street. Also in attendance were Trustees Sweet and Horecky,
George Hritz, Planning Board Chairman and Robert Anello, Zoning
2
J*

�I: !

Board Chairman. The consensus of the many people who were in
attendance was that this plant is not a good idea. Many issues
were not addressed according to a study we had done, such issues
as heavy truck traffic, impact on school traffic, street
maintenance, noise, odors, and many more.
The next public hearing will be held on February 2 6th at 8 PM in
the Warner Library.
We are getting ready for our tourist season.
Kykuit is the
biggest attraction in Westchester. The museums in this area will
be sponsoring many tours this year and March will be the Hudson
Valley Art and Antique month.
Mayor Treacy commented that the Board was considering adopting a
local law to help eliminate vacrancy in this village. We have
had a homeless person hanging around the village causing many
problems. Our attorney has received a letter from the New York
Civil Liberties Union stating that our Police Chief has sent them
a copy of a video of the meeting where Michael White, the
homeless person, was discussed. The Mayor commented that it was
very interesting that our Chief of Police would send this video
tape to the Civil Liberties Union.
Mayor Treacy received a letter from the Westchester Rockland
Guardian's Association inviting him to the dinner dance that will
be held installing new officers.
Sgt. Jimmy Warren will be
receiving the Guardian of the Year Award at this affair.
Trustees Reports
Trustee Sweet commented that he has received the overtime and
sick report for the police department. The Detectives are keeping
him up to date on an ongoing robbery investigation.
Trustee Sweet reported that he attended the hearing on the
proposed concrete recycling plant and felt that the draft report
is totally inadequate and incomplete. A prepared statement was
not read because of the preponderance of speakers but was given
to the Secretary for inclusion in the minutes of the
prodceedings.
Trustee Sweet reported that he received information from the
Environmental Planning Bulletin to the effect that the cutbacks
in the County budget has essentially
eliminated the staff of
the Soil and Water Conservation district. This is unfortunate
because that office ws the one which provided us with the draft
form for our wetlands watercourse ordinance.
Trustee Sweet commented that he felt that the effort of the
majority of the Board of Trustees to place the referendum on the
ballot, has been thwarted.
He felt that this was due to the
incompentence of the Village Administrator and Village Attorney.
He commented that the Board of Trustees has not been properly
guided and counseled in this matter.
Trustee Sweet then moved, second by Trustee Hyland that the Board
of Trustees instruct the Village Clerk to call a special election
for the exclusive purpose of putting a referendum dealing with
the appointment power of the Board of Trustees for the Village
3

�Planning Board on the ballot, motion carried 4-3 with Trustees
Hyland, Sweet, Horecky and Blanco.voting yes and Mayor Treacy and
Trustees Hayes and Alter voting no.
Trustee Sweet commented that he felt the Trustees have been kept
in the dark regarding dealings with GM and felt that one or even
all of the Trustees should be invited to future meetings with GM.
He then read a memo with regard to the 1985 GM\Mt. Pleasant IDA
agreement.(Part of official minutes).
Mayor Treacy commented that Donald Stever, who drafted the local
environmental law,
has been consulted during the entire
negotiation process with GM.
Trustee Alter reported that baseball registration will be held
this Thursday from 7-9PM and Saturday from 10AM-12PM.
February
29th is the cut off date.
This Friday, February 9th a dance will be held at the Knights of
Columbus Hall for 6th, 7th and 8th graders.
On February 10th a ski trip will take place from 8AM-4:30PM.
Trustee Alter reported that during the recent wind and rain storm
when approximately twelve trees came down, one tree fell in
Douglas Park causing much damage. When the weather improves, we
need to take care of the damage.
Trustee Alter read the attached Public Works Report and commented
that the update on recycling from the County coincides with ours.
Trustee Blanco had no report.
Trustee Horecky commented he had requested that a representative
from Westchester County's recycling department meet with tenants
and managers of multi-family dwellings. We are trying to get the
large apartments to speed up their recycling programs. Law has
been on the books since 1992 with regard to the responsibility of
the large buildings with respect to recycling. He urged everyone
to follow the recycling law.
Our tonnage of garbage has
increased and this is costing us more per ton. This is due to the
fact that our recycling tonnage has gone down. The recycling list
has been greatly expanded.
Trustee Horecky commented that he also attended the public
hearing in Tarrytown regarding the proposed concrete recycling
plant which met with much disapproval from the audience.
He
urged everyone to attend the next one on February 26th.
Trustee Horecky attended the GM Advisory Committee on Monday
night where they received a presentation from Stephen Kass, the
attorney handling GM discussions. He commented that the
information that is reported in the newspaper is not always
correct.
He read a memo addressed to the Mayor and the Administrator
regarding the site study, Phase I that Arthur Anderson is in the
process of completing where he states that all proposals should
4

�without question be in strict compliance with the Village of
North Tarrytown's Local Waterfront Revitalization Program; the
riverfront development zoning district addresses this issue.
Trustee Hyland commented that with regard to the hiring of the
Police Officer, an anonymous letter dated November 25th was
received by the Mayor's office on November 29th and on December
12th, the Board was under the impression three candidates were to
be interviewed. Six weeks went by and no steps were taken before
the special meeting was called, therefore the Board tabled the
hiring and he did not feel our grant is in jeopardy.
Trustee
Hyland commented that the reason he voted no on the
payment of the bills was due to the fact that there are several
items he disapproved of such as fees and felt they should be
discussed at the work session first.
Trustee Hyland commented that the homeless person was not in a
shelter but has gone to another city.
Trustee Hayes reported that the Senior Coalition will hold five
more sessions on Italian culture but he had no dates as yet.
Trustee Hayes commented he was unable to attend the January 25th
Library Board meeting but met with Diane Boersma about our
getting on the internet with Hitachi.
Trustee Hayes commented that he had no November fire report and
then read the December and January report.
Trustee Sweet commented that we need
to hold a hearing with
regard to the Board accepting the LWRP, adjourn it and continue
for two or three more meetings.
The Administrator commented that
discussion at the next work session.

she

will

prepare

it

for

Administrator's Report
Linda David commented that the County has taken over the issuing
of plumbing licenses and is thinking about doing the same with
electrical licenses.
She commented with regard to a recent newspaper article about the
closing of the Catskill aqueduct and the water restrictions being
imposed; North Tarrytown is not affected by this because we are
below the Kensico dam,
Linda David read the Planning Board agenda for February 15 and
the. Zoning Board agenda for February 21.
The Fire Prevention
Board meeting scheduled for February has been postponed until
March. The School Board will meet on February 8.
She commented that we have requested the federal government and
the County to reimburse us for some of our expenses during the
blizzard.
Saturday Nite Live is a program for Tarrytown and North Tarrytown
seventh and eighth graders on Saturday evenings at the YMCA for
5

�recreational activities.
Linda David commented that with respect to more garbage being
generated costing the village more in tonnage fees, the cost per
tonnage has also gone up, not only the poundage.
Linda David commented that she took great exception to Trustee
Sweet's remarks
about her.
She stated that she has been
diligent in both principle and duty in trying to achieve whatever
goals have been set. She was responsible for trying get the
information regarding the referendum to the Board when asked.
Communications, Petitions &amp; Request
Deputy Clerk read correspondence from Bernard Courtney informing
us of their intent to renew their liquor license at 179 Beekman
Avenue, also correspondence from the National Sokol Club
informing us of their intent to renew their liquor license.
(Referred to Police Chief)
Deputy Clerk read correspondence from Father Mazza of the
Immaculate Conception Church requesting a dance permit for April
13, 1996.
Deputy Clerk read correspondence from Grace Carroll complimenting
Sgt. Heyward and Officer Camp for their kind assistance during
the recent blizzard when she needed a ride to the station due to
the fact she was scheduled for a cornea transplant in New York
that day. (Placed in personnel files)
Mayor Treacy read correspondence from Wilma and Bob King
commending the Sanitation and Highway Departments for their
excellent service throughout the year and especially during the
recent blizzard. (Placed in personnel file)
Mayor Treacy read c o r r e s p o n d e n c e from L e o n a r d F o g e l ,
Vice-President Managed Care &amp; Business Development at Phelps
Hospital thanking Chief Brophy and his department and Chief
Chulla and the fire department members for all their help during
the recent elevator incident that occurred on January 5, 199 6.
(Placed in personnel file)
Mayor Treacy was in receipt of correspondence
University regarding issues in North Tarrytown.

from

Pace

Mayor Treacy commented that there will be an elementary school
PTA meeting on February 15 at 7:15 regarding the space issue.
February is African American History
celebrated at the Warner Library.

Month

which

is

being

The Hudson Valley Writers Center is continuing with their
readings this month.
There being no further business, Trustee Hyland moved, second by
Trustee Alter to adjourn the meeting, carried.
Respectfully submitted,
Angela Everett
Deputy Village Clerk
6

�Meeting Date:
Resolution #:

02-06-96
02-11-96

Whereas the Village is committed to furthering the interests of
tourism and the local economy, and
Whereas, Hitachi America has an Internet Program call View Museum
to promote such endeavors, and
Whereas, North Tarrytown will provide Hitachi with photographs
and information and Hitachi will digitize this information and
convert it to the necessary format for the View Museum program,
and
Whereas, there will be no cost to the Village of North Tarrytown,
NOW, THEREFORE, BE IT RESOLVED, that the Village of North
Tarrytown Board of Trustees does hereby authorize the Mayor to
execute this agreement with Hitachi America.
MOVED: Trustee Horecky

Meeting Date:
Resolution #:

SECONDED: Trustee Sweet

VOTE: 6-0

02-06-96
02-12-96

Whereas, the Town of Mount Pleasant has requested to use a
portion of the Village's water for their Pocantico Hills Water
District pursuant to their January 4, 1996 letter for 2 to 3
weeks in February 1996 and for 5-6 months, November 1996 through
April 1997, and
Whereas, there will be a negligible impact on the Village's water
system, and
Whereas, Mount Pleasant will
inter-connection, and

incur the

costs

of making

the

Whereas, Mount Pleasant agrees to pay the cost of their portion
of any water surcharges,
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does
hereby authorize the Mayor to
enter into such an agreement
pursuant to the terms in the January 4, 1996 letter. The terms of
an inter-municipal agreement to be drafted by the Village
Attorney.
MOVED; Trustee Horecky

SECONDED: Trustee Sweet

VOTE:

6-0

�I i

Meeting Date:
Resolution #:

02-06-96
02-13-96

Whereas, the Village of North Tarrytown is required to be in
compliance with the Federal Omnibus Transportation Employee
Testing Act of 1991 which requires alcohol and drug testing of
municipal employees who have commercial drivers licenses,
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does
hereby authorize the Mayor to enter into an agreement with Health
and Safety Specialists to perform the necessary testing mandates
along with four other municipalities (Tarrytown, Pleasantville,
Briarcliff and Port Chester) to reduce training costs.
HQVED: Trus tee Horecky

Meeting Date:
Resolution #:

SECONDED:Trustee Alter

VOTE: 6-0

02-06-96
02-14-96

Now, Therefore, Be It Resolved, that the Board of Trustees does
hereby authorize the following raise for Confidental Employees,
School Crossing Guards and Court Employees to match what the
Teamsters received.
4%
5%
MOVED: T r U S t 8 e

effective
effective
H

^land

12-01-95
06-01-96

through
through

SECONDED: T r U S t e S

Ho

05-31-96
05-31-97

^cky

VQTE:

6

„0

�I

Meeting Date:
Resolution #:

02-06-96
02-15-96

Be it enacted by the Board of Trustees of the Village of North
Tarrytown adopts Local Law No. 1 1996 to amend Village code
Article XIII to add Section 57-63 through 65 entitled "Restricted
Turns."
Effective upon written approval of the New York State Department
of Transportation, the Village of North Tarrytown adopts Local
Law No. 1
1996 Chapter 57 Section 63 through 65 entitled
"Vehicle and Traffic" Restricted Turns.
Please see attached.
M0VED

' • TniBf.eP. Horecky

SECONDEDiTruaf.ee Hyland

VOTE:J^l

�1

Meeting Date:
Resolution #:

I

•

02-06-96
02-16-96

4

«•

Be it Resolved that the Assessor of the Village of North
Tarrytown has prepared the Tentative Assessment Roll for the
current year; and that said Assessment Roll has been filed with
the Village Clerk at her office in the Municipal Building, 28
Beekman Avenue, North Tarrytown, New York, where it may be seen
and examined by any persons at all times during business hours
between 8:30 AM and 4:30 PM until the 20th day of February, 1996
and that on such day in the Board room, Municipal Building, 28
Beekman Avenue, in said Village, between the hours of 4 PM and 8
PM, the Board of Trustees of said Village will meet for the
purpose of hearing complaints in relation thereto, on the
application of any person considering himself aggrieved thereby.
MOVED:

Trustee

Horecky

SECONDED: Trustee Alter

VOTE:6-Q

�. &lt;••* J H i *

Meeting Date:
Resolution #:

*

02-06-96
02-17-95

The Mayor and the Board of Trustees does hereby call for a public
hearing on February 20, 1996 at 8:00 PM to hear and consider
amending Chapter 57 entitled "Vehicle and Traffic" to add Section
57-63; No left turn from Palmer Avenue onto Route 9 and No left
turn onto Palmer Avenue from Route 9 northbound...
MOVED:Tru,stPe Horecky

SECONDED: Trustee Alter

V0TE:

—°

�I

Public Works Report
February 6, 1996

Residents are asked not to put out bags of leaves or twigs at the
curb until the Spring when curb side pick-up resumes.
Pot hole repairs are temporarily being made now until the plant
opens up in the Spring, at which time permanent repairs will be
made.

�As the time approaches when General Motors will shut down its assembly
operations at the North Tarrytown plant it appears that an ever increasing amount of
media coverage is generated. A great deal of fluff but very little substance! We, that is
SOME ELECTED officials and many residents are kept in the dark as regards the
progress, direction and ultimate goals of just what sort of DEALS are being concocted
between the Mayor and GM officials. SURE, we are told— after the fact — of proposals
and considerations which have been cut. But no one, not a single member of the Board of
Trustees, all duly elected officials of the Village, be he Democrat, Republican or of any cut
has been allowed to sit in, witness, nor learn first hand the nature, demeanor or attitudes
expressed by any side except that which is spoon fed us by the Mayor. Now I have the
greatest respect for the position of Mayor of the Village of North Tarrytown. We have had
some excellent men serve, but I must confess I am somewhat uneasy about the situation
which has developed. We are all human and we all are subject to make mistakes,
occasionally, as is even our present mayor.

I am not naive enough as to imagine that I or

any of us for that matter are a match for GM administrative nor negotiation prowess.
However, why does the Mayor insist that none of his elected peer group can accompany
him in these meetings?
This makes me more that a little uneasy. This makes me apprehensive! Don Stever did a
superb job in drafting and writing our current abandonment law. Obviously GM thinks the
law to be too good, not for GM, assuredly, but at least good enough that it might well
stand up in a court of law.
Once again I call upon the Mayor to select (should I say invite) one, or even all, of the
members of the Board of Trustees to be present at any future meetings with GM. Who
knows but what someone might even be able to contribute something valuable and
constructive.

�It would seem to me that some consideration might be made by GM to continue the
present payments the that point at which they no longer have any interest in the property. It
would be an economic crutch for the municipalities and at the same time an inducement for
GM not to delay and dawdle!

I notice in the recent issue of the Westchester Business Journal that The Village of
Irvington has had some waterfrontproperty action. A distribution center has found
quarters elsewhere than in Irvington and the property has been purchased for 5 and 3/4
million dollars, eight and one half acres. Waterfront property, adjacent to a public park!
That's about $676,470 an acre whichfiguresto be some $65,617,647 for a 97 acre tract.
Yes, I know, analogies do have limitations, but these waterfronts and adjacent parks do
have common aspects.

I have earlier stated that the GM property was off the tax rolls, well almost! To that end,
even exempt property must pay for special district and ad valorem levies, read that — sewer
district and solid waste disposal. This is a bill issued by the Town for the benefit of the
County and is determined by the assessed value of the property multiplied by the
appropriate tax rate. In the case of GM the assessed value used for the total of all four
parcels is $6,244,000 and for 1995 produced a total of $215,711,61 in special district
taxes. Incidentally, that assessed value and our 1995 equalization rate of 3.75% reveals a
so called full market value for the property of $166,506,666.70, pretty close to the
$170,000,000 improvements the IDA put in and a far cry from the $70,000,00 which GM
said shall be the assumed value of the property during the term of the agreement to 1995.
There are other points which should be made, such as the effect of overvalued GM
property on the remaining taxable property in the school district of the Tarrytowns.

�With regard to the 1985 GM/Mt Pleasant IDA agreement there are several points which I
would like to bring to the attention of the Board and to residents of our community.
The agreement culminated the efforts of GM to seek relief from the most recent of three
certeriori actions which had been brought over the period from late 60s to early 80s. The
prior two were satisfied by agreement with the municipalities involved in the form of
repayment to GM of taxes or credit thereto. The most recent agreement was quite
different in that it involved the sale of their property to and the lease back from the Mt
Pleasant Industrial Development Agency. As owner of the property the Mt P IDA would
hold the property free of taxes, i.e. tax exempt, off the tax rolls, (well, almost). The IDA
in turn was to issue bonds, both exempt and otherwise, in the amount of $170,000,000
(one hundred seventy million dollars) with which the IDA would make certain
improvements, expansions, and create state of the art facilities. The lease period was
intended to be twenty years with thefirstten years designated to invoke certain fixed
payments to be made by GM to the municipalities as payment in lieu of taxes. The lease
fee to be made by GM to the MT P IDA was to be certain payments of monies in such
manner as to retire all the bonds which the IDA held within the period of twenty years.
GM could, at any time, retire all the bonds and immediately regain deed and title to the
property. For the period 1986 thru 1995 the grand sum of $37,115,00 has been paid to
the municipalities, of which the school district has received $20,385,000, the Village,
$11,180,000, the County $953,000 and the Town ,the balance $2,2542,141.83. Since
1988 GM has had a fixed annual payment of $3,500,00 NOTE THESE FIGURES NOT
INCLUDE THE ADJUSTMENTS MADE AS A RESULT OF THE RAIL SPUR
IMPROVEMENT. For a company the size of General Motors to experience afirmand
fixed real estate tax fee for a ten year peiiod is quite an accomplishment. That it is now
willing to extend this fixed payment for another two years is a CRUMB! A company
wluch this year boasts the highest profits ever and they are willing to extend the fixed
payment for a mere two years.

�i

The need to address the effect of the pilot payments on the Tartytown's school district
taxpayers within the town of Mt Pleasant. Why was there an oversight in the original
agreement ? Could there have been a conflict of interest?

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</item>
