1 25 51 https://sleepyhollow.localarchives.org/files/original/af4d27d893934a0deff75f93474632a6.pdf 5f95e274b0828999a7327783cb53916e PDF Text Text Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Over-Turning Tree Commission Decision WHEREAS, A tree permit application to remove three trees located at 250 Kelbourne Avenue was submitted to ttie Building Department by John and Erika Stroligo and, WHEREAS, On November 1, 2009 the Tree Commission denied the request, and WHEREAS, The applicants submitted two arborfst reports, which stated that one of the three trees posed a potential hazard, and WHEREAS, On November 19, 2009, the applicants wrote a letter to the Village Board requesting that they over-turn the decision of the Tree Commission by allowing them to remove the single tree, NOW, THEREFORE BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow over-turn the decision made by the Tree Commission on November 1, 2009 by allowing John and Erika Stroligo to remove one tree located 250 Kelbourne Avenue. Moved: Trustee Wompa Seconded: Trustee Schroedel Trustee Carr: Absent for this vote. Vote: 5-0 �The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, January 12, 2010 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: I^ayor Kenneth G. Wray David Schroedel Barbara Carr Bruce Campbell Karin Wompa, Trustees Absent: Deputy Mayor Capossela Trustee Stupel Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel (Came in at 8:05 pm.) Diane Jacobson, Village Treasurer Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk At 7:12 p.m. the Mayor called the meeting to order with a prayer and pledge to the flag. The Mayor asked for a moment of silence for Manny Cappello and Jo Ann Kopcinski, both were long time residents of Sleepy Hollow. Mayor announced that Trustee Stupel is out of the Country. Approval of Minutes Trustee Campbell moved, seconded by Trustee Carr to approve the minutes of 11/17/09; 11/24/09; 12/01/09; 12/15/09. It was unanimous. Approval of Warrants Trustee Campbell moved, seconded by Trustee Schroedel to approve Warrants number 09DECE, 09DEC22F, 10JAN12, 10JAN12A, In the amount of $179,99723. It was unanimous. Mayor announcements; The Catsklll Aqueduct will be shut down this week and next week, the Village will draw water supply from the preserve then will draw from the Village of Briarcliff and the Town of Greenburg. Mayor urged everyone to conserve water, from tomorrow morning until tomorrow evening. Organic waste is still being picked up including Christmas trees. Salt barrels are in use throughout the Village. �The Mayor also addressed the proper display of the United States Flag; The Mayor explained that there's a flag code to obey by. The United States President and the Governors' are the only ones allowed to order the flag at half staff. Mayor also addressed proper display of the American flag such as; It has to be displayed on the right side, take it down if it rains, If it's dirty or torn It should be discarded of properly. If the flag is displayed at night it should have a light shining on i t Mayor has asked the Village Administrator to purchase a Village flag, and others flags for the Ambulance and Fire depts. These flags will fly at half staff when needed. Trustee Reports: Trustee Schroedel reported that the holiday schedule for garbage pickup next week is In effect. Trustee Schroedel announced that the Auditor's report resolution Is on the agenda. Revenue is higher than projected but expenses are also 2% higher. Trustee Schroedel stated that there has been revenue from the new sanitation rates and Trustee Schroedel recommended 25% sanitation roll back retroactive to June 2009. A resolution for these rates is also on the agenda for this evening. The Public Safety Committee met with the Fire department and commended their presentation, asked that they present capital in the spring time and educate about costs. The Committee also discussed that the schools, the hospital and Kendall on Hudson, have communication interference with their radios and a major fire will cause difficulty communicating, he asked the Administrator to facilitate setting up a meeting with this committee as soon as possible. Trustee Carr reported that the bids are in for the completion of Senior Center. Trustee Campbell reported that on Feb 2"^, the trustees work session will be at the Wright's Center. Trustee Campbell also reported that the Villages of Sleepy Hollow and Tarrytown and the Public Schools of the Tarrytown's are doing a tri-agency study for the local villages and schools on Jan 25'"^ at the SHHS cafeteria from 7pm - 9 pm. Mayor stated that when there's a different location for the work session that the public is allowed to speak. Mayor encourages residents to attend these meetings and bring their concerns to the board, especially if its budget related. Trustee Wompa reported that there are available grants for Fire department that require engineering study. The Village Calendar Is being worked on by the Downtown Revitalization Staff and It is coming along nicely. Streetscapes improvements will continue and will meet with Morse school about this. Grant may be available for communication system for the Fire department when they respond to a call at the schools. �Mayor announced that there has been a ruling regarding General motors. Trustee Schroede! announced that Givi challenged the previous board and the court upheld it's ruling. This is a significant incentive for GM to continue negotiations with the village. Public CommentsFrank Lombardi - from Franchise contractor - stated that his company was low bidder for the Senior Center Interior Construction. Asked why the Village did not award them the lowest bid and asked for the Board to reconsider. Mayor responded that there is a resolution on the agenda for this evening regarding this bid award. Joyce Armstrong- addressed the Mayor and the Board of Trustees and stated that she continues to have problems with the police department. She complained that one of the Police Officers has violated the code of ethics, and that this Police Officer's family gets special treatment. Ms. Armstrong requested that a formal investigation be done. The Mayor recommended putting this request in writing. Ms. Armstrong also compliant that her nephew was stopped by the Police in the Village and that his Christmas gift was searched. Ms. Armstrong asked if Former Chief Kapica from Greenburg is coming on Staff with the Village. Mayor responded that this is a personnel matter. Don Cateano of Lawrence Avenue, addressed the Mayor and the Board and stated that he has been a resident of this village for 50 years and stated that the new Chief of Police and the new Board of Trustees should do the right thing. Mr. Cateano complained about the sanitation rates. He stated that the Board is taking money out of the people's pockets. Mr. Cateano stated that he rides around quite a bit and sees that there are only some good stores. Others went down the hole. He asked the Board to control this. Mr. Cateano complained about the Former Police Chief parking in front of a fire hydrant for many years. He also complained about the Village Court and suggested that the Board get a report from the court once a month. Mr. Cateano stated that the Village is not being run the right way and hopes that tax payers won't suffer more consequences. Joyce Armstrong addressed the Board and the Mayor again and asked if there is an ethics committee. Mrs. Armstrong complained that she was assaulted and that her assailant was not arrested for 3 weeks. She explained that her assailant sat next to her in court and that she felt scared. She's happy that the metal detector in the court is now in place. Mayor suggested that if this is a pending court action this Board won't be able to comment Administrator's Report The budget process has begun; the treasurer has sent out year-to-date financial reports to all Department Heads; and that a 5% decrease had been requested. The Route 9 Culvert Project has been temporarily put on hold due the State's weather concerns. If the current contract expires the project may need to be re-bid. �Next week Fiona Hodgson has been invited to attend the Work Session and report on grant approvals. The Administrator encouraged all residents to participate in the recreation study. At 8:09 p.m. a motion was made by Trustee Wompa to go into Executive Session for a possible litigation matter; seconded by Trustee Campbell. At 8:15 p.m. Trustee Wompa moved, seconded by Trustee Campbell to come out of Executive Session. Resolutions: see attached 13 resolutions attached- all passed. Public Comments James West - Thanked the Mayor and the board for the traffic study on Rte 9. Don Cateano - asked the Hayor and the Board to look at the Webber sign park sign. It's not light up properly. Mayor explained why the Webber Park sign was installed following several public hearings regarding such. So far this sign has had a postive effect. Mr. Cateano stated the Webber Park sign is not visible and it's not proper and it's tax payers money. Mayor Wray explained that the Board had many requests and support from the residents in that area to put up this sign. Mr. Cateano said no one ever does the right thing in this Village. Trustee Wompa reported that last week's meeting was not aired properly due to technical difficulties. On motion by Trustee Campbell, seconded by Trustee Schroedel the meeting was adjourned at 8:55 p.m. Respectfully submitted, Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-01-05 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/4a88de35acb7c852d65feac52b4d4ccb.pdf e162ef95944963bc1e1809fad6011d23 PDF Text Text Resolution of the Board of Trustees of the Viliage of Sleepy Hollow Accepting the 2009 Audited Financial Statements WHEREAS, Bennett Kielson Storch DeSantIs discussed the 2009 audited Financial Statements and Supplementary Information to the Board at the work session of January 5, 2010 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees do hereby accept the audited financial statements for the fiscal year 2009. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 4-0 �WHEREAS, the Mayor and the Board of Trustees have received a letter from the Sleepy Hollow Taxpayers Association and the Philips Manor Improvement Association to request that the State of New York Department of Transportation conduct a Study of the traffic patterns along the Rte. 9 corridor from the Northerly entrance of the Village to the intersection of Rte. 9 and Pearson Avenue; to determine ways to improve the traffic patterns; and WHEREAS, the request follows an Informal study conducted by Chuck Lankester, with the assistance of the Sleepy Hollow Police Deptartment of traffic accidents along said corridor; and WHEREAS, the study conducted by Mr. Lankester provided conclusive evidence the corridor presents an unsafe and hazardous situation for all vehicular traffic, including the fact that during the past 5 years there have been 154 accidents, 37 of which resulted In personal Injuries to motorists, a great majority of the accidents occurred when motorists were attempting to make turns from Rte. 9 onto intersection streets; NOW THEREFORE BE IT RESOLVED, the Board of Trustees requests the NYS Department of Transportation to conduct a formal study of the traffic patterns along the Rte. 9 corridor from the intersection of Rte. 9 at the Northerly entrance of the Village to Rte. 9 and Pearson Avenue to determine ways to Improve the traffic so as to lessen the Rte. 9 of vehicular accidents along said corridor. The Village Clerk Is directed to send a copy of this resolution to the NYS DOT. Moved: Schroedel Seconded: Wompa Vote: 4-0 �BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow will hold a Worl^ Session on February 1, 2010 at 7:00 p.m. at the Hudson Valley Writer's Center located at 300 Riverside Drive, Sleepy Hollow, New York 10591. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 4-0 �Whereas, it is the intent of the Village of Sleepy Hollow to provide for the administration and enforcement of building and zoning codes, laws, ordinances, regulations and orders within the State of New York, including the New York State Uniform Fire Prevention and Building code, the Village zoning code and the Village safety and housing codes; and Whereas, there are approximately 2,000 properties located within the Village, many of which are commercial and multi-family residential dwellings; and Whereas, the Village of Sleepy Hollow has reviewed the best and most efficient manner in which to reach its goal to ensure that all buildings located within the community are maintained In a safe and sound condition and to accomplish its intent to provide for the orderly administration and enforcement of all building and zoning codes, law, ordinances, regulations and order; and Whereas, the Safe Housing Task Force interviewed several well qualified candidates for the position and highly recommends Mr. Joseph Paiva for the position of Code Enforcement Mr. Paiva received a Bachelor of Science in Architectural Technology from New York Institute of Technology and is a New York State Registered Architect. The Task Force strongly believes that Mr. Paiva meets the Village's stringent requirements for the Code Enforcement position; NOW, THEREFORE BE IT RESOLVED, that the Mayor hereby appoints and the Board of Trustees confirms the Mayor's appointment of Joseph Paiva of Somers, NY to the position of Code Enforcement Officer effective January 19, 2010 at an annual salary of $85,000. Said appointment is subject to a probationary period of twelve months. Moved: Trustee Wompa Seconded: Trustee Schroedel Vote: 4-0 �BE IT FURTHER RESOLVED that there will be an 18 month probationary period for this position during which time Mr. Tompkins will receive 85% of his annual salary. BE IT FURTHER RESOLVED a previous resolution dated October 13, 2009, number 10/183/09 is hereby rescinded, Moved: Trustee Wompa Seconded: Trustee Schroedel Vote: 4-0 �WHEREAS, on December 22, 2009 the Village of Sleepy Hollow received General Construction bid proposals for the Phase Three construction of the Senior Center (bid summary attached hereto); and WHEREAS, all bids have been reviewed by the Village Attorney, and a low bidder. Franchise Contractors LLC of Harrison, New York, has been identified with a bid amount of $638,790.00; and WHEREAS, the Village Attorney has determined that the Franchise Contractors LLC bid to be acceptable, and has recommended Its approval; and WHEREAS, funding In part to pay for said project is being provided through a Community Development Block Grant (CDBG) in the amount of $250,000.00. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the bid of Franchise Contractors LLC at a total amount of $638,790.00; and be it further RESOLVED that the Mayor is authorized to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 4-0 �WHEREAS, on December 22, 2009 the Viiiage of Sleepy Hollow received Electrical Construction bid proposals for the Phase Three construction of the Senior Center (bid summary attached hereto); and WHEREAS, all bids have been reviewed by the Village Architect and a qualified bidder, NIKKO Construction Corporation of Valley Cottage, New York, has been Identified with a bid amount of $143,600.00; and WHEREAS, the Village Architect has determined that the IMIKKO Construction Corporation bid to be acceptable, and has recommended its approval; and NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the bid of NIKKO Construction Corporation at a total amount of $143,600.00; and be it further RESOLVED that the Mayor is authorized to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Wompa Vote: 4-0 �WHEREAS, on December 22, 2009 the Village of Sleepy Hollow received Plumbing Construction bid proposals for the Phase Three construction of the Senior Center (bid summary attached hereto); and WHEREAS, all bids have been reviewed by the Village Attorney and a low bidder, ROKBuilt Construction, Inc. of Yorktown Heights, New York, has been identified with a bid amount of $94,200.00; and WHEREAS, the Village Attorney has determined that the ROK-Built Construction, Inc. bid to be acceptable, and has recommended its approval; and NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the bid of ROK-Built Construction, Inc. at a total amount of $94,200.00; and be it further RESOLVED that the Mayor is authorized to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 4-0 �WHEREAS, on December 22, 2009 the Village of Sleepy Hollow received Mechanical Construction bid proposals for the Phase Three construction of the Senior Center (bid summary attached hereto); and WHEREAS, all bids have been reviewed by the Village Architect and a qualified bidder, Mengler Mechanical, Inc. of Brewster, New York, has been identified with a bid amount of $186,999.00; and WHEREAS, the Village Architect has determined that the Mengler Mechanical, Inc. bid to be acceptable, and has recommended its approval; and NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the bid of Mengler Mechanical, Inc. at a total amount of $186,999.00; and be it further RESOLVED that the Mayor is authorized to take any and all steps necessary to effectuate the Intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Wompa Vote: 4-0 �WHEREAS, on December 22, 2009 the Village of Sleepy Hollow received Fire Sprinkler Construction bid proposals for the Phase Three construction of the Senior Center (bid summary attached hereto); and WHEREAS, all bids have been reviewed by the Village Architect and a qualified bidder, NIKKO Construction Corporation of Valley Cottage, New York, has been identified with a bid amount of $26,855.00; and WHEREAS, the Village Architect has determined that the NIKKO Construction Corporation bid to be acceptable, and has recommended its approval; and NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the bid of NIKKO Construction Corporation at a total amount of $26,855.00; and be it further RESOLVED that the Mayor is authorized to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Wompa Vote: 4-0 �RESOLUTION OF THE VILLAGE OF SLEEPY HOLLOW NOTICE OF LEAD AGENCY DESIGNATION WHEREAS, the i^ayor and Board of Trustees (the Village Board) for the Village of Sleepy Hollow are considering entering into an inter-municipal agreement with Westchester County to operate a yard waste transfer site on approximately one acre of existing paved parking located on what is known as the East Parcel portion of the former General Motors property situated in the Village of Sleepy Hollow, New York (the Proposed Action); and WHEREAS, pursuant to the State Environmental Quality Review (SEQR) laws of the State of New York a Lead Agency must be designated to coordinate the environmental review of the Proposed Action; and WHEREAS, a long form environmental assessment parts I and 11 have been prepared and submitted to the Village Board; and NOW, THEREFORE BE IT RESOLVED THAT, based on a review of the environmental assessment form and with input of project operations from Village staff, the Village Board determines that the Proposed Action is an Unlisted Action under SEQR; and, be it further RESOLVED that, the Village Board does hereby declare themselves to be the Lead Agency for the purposes of reviewing the Proposed Action and will evaluate the application as part of an uncoordinated review under SEQR; The Village Board will distribute this resolution and related documentation to all other potentially involved agencies. Correspondence relative to this matter can be directed to Village of Sleepy Hollow Village Clerk, 28 Beekman Avenue, Sleepy Hollow, New York, 10591. Moved: Trustee Schroedel Seconded: Trustee Campbell Vote: 4-0 Roll Call: Mayor Wray, Trustees: Schroedel, Campbell, Wompa Voted: Yes Trustee Carr: Abstained �This Resolution and EAF has been circulated to the following: Potential Interested and Involved Agencies Planning Board Chaiman Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Ms. Carol Ash, Commissioner NYState Office of Parks, Recreation & Historic Preservation Empire State Plaza Agency Building 1 Albany, NY 12238 Peter Grannis, Comniissioner NYSDEC 625 Broadway Albany, NY 12233-1011 Willie Janeway NYSDEC, Region 3 NYS Department of Environmental Conservation 21 South Putt Comers Road New Paltz, NY 12561-1696 Joseph Stout, Commissioner Westchester County Dept. of Parks, Recreation and Conservation 25 Moore Avenue Mount Kisco, NY 10549 Thomas Lauro, Commissioner Westchester County Dept. of Enviromnental Facilities 270 North Avenue New Rochelle, NY 10801 James W. Haggerty, Chief US Army Corps of Engineers Operations Div. Reg. Branch Eastern Permit Section -19^ floor 26 Federal Plaza New York, NY 10278 �other Village Agencies with Review Authority: Mr. Richard D. Weiss, Chainnan Sleepy Hollow Waterfront Advisory Committee Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Other Agencies With Review Authority: Secretary of State New York State Department of State 41 State Street Albany, NY 12231-0001 Ed Burroughs, Acting Commissioner Westchester County Dept. Of Planning 148 Martine Avenue White Plains, NY 10601 ' Hon. Robert Meehan, Supervisor Town of Mount Pleasant Town Hall 1 Town Hall Plaza Valhalla, NY 10595 Robert Dennison, Regional Director NYSDept. of Transportation 4 Burnett Boulevard Poughkeepsie, NY 12603 Copy of this Notice of Intent on file with: Village Clerk Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Business Environmental Publications (Notice Only) FAX-518-371-7419 0 �Moved: Trustee Schroedel Seconded: Trustee Campbell Vote: 4-0 �25% reduction for 2 and 3 family (including seniors) and food serv ce to $300/qtr 1 1 SANITATION RATES - PRO POSED after adooted budaet 0.7S F.Y. 200S1/2010 QRTLY PROPOSED 2009/10 QUARTERLY BIL -ING RATE HOMESTEAD 1 FAMILY HOME CONDO 40.00 1 FAMILY HOME CONDO SENIORA/ETER. 20,00 2 FAMILY 45 00 2 FAMILY SENIORA/ETERAN 22 50 67 50 3 FAMILY 3 FAMILY SENIORA/ETERAN 33 75 NON-HOMESTEA 3 FOOD SERVICE FOOD SERVICE MFG OTHER C O M M l AUTOMOTIVE USE MULTI FAMILY ARTS: 4 FAMILY 5 FAMILY 6 FAMILY 7 FAMILY 8 FAMILY 9 FAMILY 10 FAMILY 11 FAMILY 12 FAMILY 13 FAMILY 16 FAMILY . SCHOOL DISTRICTS EXEMPT NON PROFITS ^ f ^ H i t i i 600.00 220.00 105.00 95.00 120.00 145.00 170.00 195.00 220.00 245.00 270.00 295.00 320.00 390.00 3,850.00 75.00 MONTHLY: NON-HOMESTEA D HOUSING DEVEL HOSPITAL/HOUSING PROJ RATE CHANGED 885.00 475.00 • , �Resolution of the Board of Trustees of the Village of Sleepy Hollow To Terminate Two Public Works Department Employees WHEREAS/ Steve Shroba and Modesto Martinez have been out on disability from tlie Department of Public Works for over one year, and WHEREASF Civil Service Law permits the termination of employees who have been out of work for over one year as iong as proper notice is given to the employee, and WHEREAS, Both Mr. Shroba and Mr. Martinez have been notified in writing that their employment will be terminated NOW, THEREFORE, BE IT RESOLVED, the employment of Steve Shroba and Modesto Martinez with the Village of Sleepy Hollow is terminated effective January 12, 2010. Moved: Trustee Carr Seconded: Trustee Wompa Vote: 4-0 �WHEREAS, pursuant to ARTICLE XIX of the Collective Bargaining Agreement between Local 456, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America f Agreement'O in effect from June 1, 2005 to May 31, 2010, said employee was given a duly noticed disciplinary Interview by the Village with a Union representative in attendance; and WHEREAS, after said interview it is the recommendation of the Village Administrator that said employee did violate the Village of Sleepy Hollow Code of Employee Conduct in a substantial manner; NOW THEREFORE BE IT RESOLVED, pursuant to Article XIX, Section 5 of the ''Agreement" the Board of Trustees hereby terminates the employment of Ted Forgo, effective immediately. Moved: Campbell Seconded: Carr Vote: 4-0 �BE IT RESOLVED that tlie Mayor and Board of Trustees of the Viliage of Sleepy Hollow acknowledge the actions of the Ambulance Corp. as indicated In the attached memo from Captain James Hayes. Moved: Trustee Wompa Seconded: Trustee Schroedel Vote: 4-0 �Sleijpi^ H o l l o w .^bulance poips Memo To: Mayor Wray & Board of Trustees From: James Hayes- Chief Date: January 5,2010 Re: New Members Please be advised that the following persons were elected to active membership: Andrew Wilgermein ofTarrytown Polito Guzman of Sleepy Hoitow Bryan Duggan ofTarrytown Sully Madinabeitia of Sieepy Hollow Jhonny McLean of Sleepy Hollow Brandon Patino of Sleepy Hollow Stephen Price of Ossining Kathryn Urgiles of Sleepy Hollow �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Fund Consolidated Water Services Feasibility Study WHEREAS, the Village of Sleepy Hollow is concerned about escalating government costs and the increasing tax and expense burden to property owners and residents; and WHEREAS, the Village has a history of cooperation and mutual support with the Villages of Tarrytown and Briarcliff Manor re water systems, and it is believed that costs can be saved and service improved by consolidating water services, and the three Villages wish to study the feasibility of consolidating the water departments of the three Villages into a single water district; and WHEREAS, a grant funding source has been identified as appropriate for a feasibility study and financial analysis of shared water services, namely the Local Government Efficiency Grant Program offered by the New York State Department of State; and WHEREAS, the maximum grant available under the General Efficiency Planning Grant program is $26,000 and the cost of the study has been estimated at $60,000. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for a General Efficiency Planning Grant from the New York State Department of State in accordance with the provisions of the Local Government Efficiency Grant Program, with a cash match not to exceed $11,334 per Village, and upon award of such a grant to enter into and execute a project agreement with the State for such financial assistance for a feasibility study and financial analysis of consolidating water services with the Villages of Tarrytown and Briarcliff Manor, BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Wompa Seconded: Trustee Carr Vote 4-0 �BE IT RESOtVED that the Assessor of the Village of Sleepy Hollow has prepared the Tentative Assessment Roll for the current year, and that said Assessment Roll will be filed with the Village Cleric at her office in the l^iunicipal Building, 28 Beekman Avenue, Sleepy Hollow, New Yoric on February 1, 2010, 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 day of February 2010 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, sitting as the Board of Assessment Review, will meet for the purpose of hearing complaints in relation thereto, on the application of any person considering himself aggrieved thereby. Moved: Trustee Campbell Seconded: Trustee Wompa Vote: 4-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-01-12 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/2883f8d5698fdce4688480717127ce4d.pdf 5758b01c6844b11f47b5425fba665386 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, January 19, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela David L. Schroedel Bruce R. Campbell Evelyn R. Stupel Barbara J. Carr Karin T. Wompa Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Diane Jacobson, Village Treasurer Rich Gross, General Foreman Sean McCarthy, Village Architect Mayor Wray called the meeting to order at 7:00 p.m. MAYOR'S ANNOUNCEMENTS - Mayor Wray expressed his concerns for the people of Haiti in the wake of the recent earthquake. Mayor Wray announced that there will be a recreation study workshop at the Sleepy Hollow High School on January 25, 2010 from 7:00-10;00pm. All residents are welcome to attend. GRANT WRITER'S REPORT - Fiona Hodgson updated the Board on the status of various grant applications (see attached). AUTOMOBILE POLICY - The Board discussed amending the automobile policy to address the issue of employees and volunteers with poor driving records. Mayor Wray referred the matter to the Administrator. Mr. Giaccio will work with the insurance company to create a draft policy. COMMUNITY MEDIA AGREEMENT - Trustee Campbell gave a report on Community Media. The footage received from them for the first part of the year has been very good although sometimes there has been an issue with getting it in a timely manner. Trustee Campbell does believe however that the agreement with Community Media should be extended until the end of the fiscal year. �TAX COLLECTION POLICY - Diane Jacobson asked the Board to decide whether or not to change the tax collection policy. VALLEY STREET FIRE ZONE - The Fire Department has made a request to the Village Board to put a fire zone in front of 124 Valley Street. Mayor Wray requested that a resolution to set a public hearing for a fire zone on Valley Street be put on next week's Board meeting agenda. AGE RESTRICTION FOR FIREMAN - The Board discussed the pros and cons to lowering the eligibility age for volunteer firemen from eighteen to seventeen years of age. The insurance company stated that this policy would increase the Village's annual premium by $500 and strongly recommends that all seventeen year olds have written permission from a parent or legal guardian before joining the Fire Department. EXECUTIVE SESSION At 8:45 p.m., on a motion made by Trustee Stupel and seconded by Trustee Wompa and carried unanimously, the Board moved to Executive Session to discuss legal matters. At 9:25 p.m., on a motion made by Trustee Campbell and seconded by Trustee Schroedel and carried unanimously, the Board moved out of executive session. At 9:26 p.m. the meeting was adjourned. Respectfully submitted, AnthonV6iaccio Village Administrator �Outline of presentation to the Sleepy Hollow Board of Trustees January 19, 2010 Current Archives project. Bringing it in-house because we took a 10% cut to the grant Resolution coming on Emma Serina's hours New Archives grant application - digitize payroll records Resolution coming next week Lighthouse. Preservation Covenant Change - paragraph 5 OK'd by Janet Waiting for the County - to ensure they're going to come up with the match Survey of DeVries Park. Resolution to accept CDBG grant. $248,200 for 2010 Additional CDBG grant. $100,000 in 2010 for Kendall Avenue Streetscape Improvements Congresswoman Nita Lowey Appropriations Requests Rehabilitate the pier at Castle Oil for public recreational use ($300k) Replace the Beekman Avenue street lights ($135k) Site work and landscaping to complete the Senior Center ($110k) Construction of the new water storage tank ($lm) Request from Senator Andrea Stewart-Cousins Applications for legislative grants are due February 12. They are intended to be programmatic and not for capital projects. Haunted hayride? Programming the Senior Center? Let me know Upcoming grant opportunities. Another upcoming grant round is for the Local Government Efficiency program offered by the Dept of State (formerly known as Shared Services). The Village considered applying for funds to implement the recommendations of the study (currently underway) to share recreation and park resources and services with the V of Tarrytown and the Public Schools. Having a grant-funded study will increase the chance of an implementation grant award. So far it looks like the timing will not work for an application to the next ground round, due February 24, so we'll have to hope for another grant round. �NYSERDA ARRA Energy Efficiency and Conservation Block Grants - due February 17. Not required to share cost, although offers to do so improve the scoring. Not enough time to get the required study done and an application developed. Further away are a few grant programs which I'll briefly mention: The New York Main Street Which supports downtown revitalization giving property owners grants to restore the facades and interiors of their downtown commercial buildings Grant rounds not yet announced but hoped-for this year: Safe Routes to School To encourage children to walk and bicycle to school, it funds improvements to physical infrastructure around schools, as well as programs to educate and encourage. Prior grant rounds it was limited to elementary schools - need to see new RFP. Recreation Trails Grants SAFETEA-LU funds - Federal To provide and maintain recreational trails for both motorized (snowmobiles, motorcycles) and non-motorized (pedestrian, equestrial, bicycle, skate) recreational trail use. FEMA Assistance to Firefighters Grant Program to meet the firefighting and emergency response needs of fire departments and EMS organizations helping them obtain critically needed equipment, protective gear, emergency vehicles, training, and other resources. A good application to this program might be for funding for a new antenna and communications equipment for the emergency services. A grant round has not yet been announced, but in recent years there has been a spring grant round. Also mention: DOT Transportation Enhancement Program DOS LWRP OPRHP PARKS OPRHP HISTORIC PRESERVATION � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-01-19(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/e81010e2cde0f7bae7ad65d4a8071de8.pdf 675e14f02d3c5c3fc3f22449db86999c PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, January 19, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela David L. Schroedel Bruce R. Campbell Evelyn R. Stupel Barbara J. Carr Karin T. Wompa Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Diane Jacobson, Village Treasurer Rich Gross, General Foreman Sean McCarthy, Village Architect Mayor Wray called the meeting to order at 7:00 p.m. MAYOR'S ANNOUNCEMENTS - Mayor Wray expressed his concerns for the people of Haiti in the wake of the recent earthquake. Mayor Wray announced that there will be a recreation study workshop at the Sleepy Hollow High School on January 25, 2010 from 7:00-10:00pm. All residents are welcome to attend. GRANT WRITER'S REPORT - Fiona Hodgson updated the Board on the status of various grant applications (see attached). AUTOMOBILE POLICY - The Board discussed amending the automobile policy to address the issue of employees and volunteers with poor driving records. Mayor Wray referred the matter to the Administrator. Mr. Giaccio will work with the insurance company to create a draft policy. COMMUNITY MEDIA AGREEMENT - Trustee Campbell gave a report on Community Media. The footage received from them for the first part of the year has been very good although sometimes there has been an issue with getting it in a timely manner. Trustee Campbell does believe however that the agreement with Community Media should be extended until the end of the fiscal year. �TAX COLLECTION POLICY - Diane Jacobson asked the Board to decide whether or not to change the tax collection policy. VALLEY STREET FIRE ZONE - The Fire Department has made a request to the Village Board to put a fire zone in front of 124 Valley Street. Mayor Wray requested that a resolution to set a public hearing for a fire zone on Valley Street be put on next week's Board meeting agenda. AGE RESTRICTION FOR FIREMAN - The Board discussed the pros and cons to lowering the eligibility age for volunteer firemen from eighteen to seventeen years of age. The insurance company stated that this policy would increase the Village's annual premium by $500 and strongly recommends that all seventeen year olds have written permission from a parent or legal guardian before joining the Fire Department. EXECUTIVE SESSION At 8:45 p.m., on a motion made by Trustee Stupel and seconded by Trustee Wompa and carried unanimously, the Board moved to Executive Session to discuss legal matters. At 9:25 p.m., on a motion made by Trustee Campbell and seconded by Trustee Schroedel and carried unanimously, the Board moved out of executive session. At 9:26 p.m. the meeting was adjourned. Respectfully submitted, AnthonVuiaccio Village Administrator �Outline of presentation to the Sleepy Hollow Board of Trustees January 19, 2010 Current Archives project. Bringing it in-house because we took a 10% cut to the grant Resolution coming on Emma Serina's hours New Archives grant application - digitize payroll records Resolution coming next week Lighthouse. Preservation Covenant Change - paragraph 5 OK'd by Janet Waiting for the County - to ensure they're going to come up with the match Survey of DeVries Park. Resolution to accept CDBG grant. $248,200 for 2010 Additional CDBG grant. $100,000 in 2010 for Kendall Avenue Streetscape Improvements Congresswoman Nita Lowey Appropriations Requests Rehabilitate the pier at Castle Oil for public recreational use ($300k) Replace the Beekman Avenue street lights ($135k) Site work and landscaping to complete the Senior Center ($110k) Construction of the new water storage tank ($lm) Request from Senator Andrea Stewart-Cousins Applications for legislative grants are due February 12. They are intended to be programmatic and not for capital projects. Haunted hayride? Programming the Senior Center? Let me know Upcoming grant opportunities. Another upcoming grant round is for the Local Government Efficiency program offered by the Dept of State (formerly known as Shared Services). The Village considered applying for funds to implement the recommendations of the study (currently underway) to share recreation and park resources and services with the V of Tarrytown and the Public Schools. Having a grant-funded study will increase the chance of an implementation grant award. So far it looks like the timing will not work for an application to the next ground round, due February 24, so well have to hope for another grant round. �NYSERDA ARRA Energy Efficiency and Conservation Block Grants - due February 17. Not required to share cost, although offers to do so improve the scoring. Not enough time to get the required study done and an application developed. Further away are a few grant programs which I'll briefly mention: The New York Main Street Which supports downtown revitalization giving property owners grants to restore the facades and interiors of their downtown commercial buildings Grant rounds not yet announced but hoped-for this year: Safe Routes to School To encourage children to walk and bicycle to school, it funds improvements to physical infrastructure around schools, as well as programs to educate and encourage. Prior grant rounds it was limited to elementary schools - need to see new RFP. Recreation Trails Grants SAFETEA-LU funds - Federal To provide and maintain recreational trails for both motorized (snowmobiles, motorcycles) and non-motorized (pedestrian, equestrial, bicycle, skate) recreational trail use. FEMA Assistance to Firefighters Grant Program to meet the firefighting and emergency response needs of fire departments and EMS organizations helping them obtain critically needed equipment, protective gear, emergency vehicles, training, and other resources. A good application to this program might be for funding for a new antenna and communications equipment for the emergency services. A grant round has not yet been announced, but in recent years there has been a spring grant round. Also mention: DOT Transportation Enhancement Program DOS LWRP OPRHP PARKS OPRHP HISTORIC PRESERVATION � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-01-19 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/d312549c714ef11d0487946d8fd37b62.pdf b9863373a6cce742e09782b8a3838c83 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, January 26, 2010 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy Mayor Capossela David Schroedel Barbara Carr Bruce Campbell Karin Wompa, Trustees Evelyn Stupel Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel (Came in at 8:05 pm.) Diane Jacobson, Village Treasurer Sean E. McCarthy, Village Building Inspector Richard Gross, Village General Foreman Jose Cotarelo, Acting Police Chief Paula A. McCarthy, Village Clerk At 7:04 p.m. the Mayor called the meeting to order with pledge to the flag. Approval of Minutes: Trustee Carr moved; seconded by Trustee Campbell to approve the minutes of 9/29/09; 12/22/09; 1/12/10. Motion carried, 6-0. Approval of Warrants: Trustee Carr moved, seconded by Trustee Schroedel to approve the Warrant of 10JAN12; $119,430.42; Warrant of 10JAN12B; $250.00; Warrant of 10JAN26; $61,115.74; Warrant of 10JAN26B; $136,657.32; Warrant of 10JAN26U; $65,264.73, in the total of $382,718.21. Motion carried, 6-0. Mayor announcements: Mayor announced that on April 3rd, it will be the 160th anniversary of the Cemetery and there will be a celebration. Public Comments: Mr. Carey addressed the Mayor and the Board of Trustees and said he is concerned about the Duracell testing results. Mr. Carey is upset and concerned about the soil since it was tested and found levels of mercury. He doesn't use chemicals and has been planting fruits and vegetables in his garden. Mr. Carey asked what does the village, the county, and the state plan on doing to rectify this problem. Mr. Carey claims he cannot sale his house because of this problem. Mr. Don Cateano, of 43 Lawrence Avenue addressed the Mayor and the Board of Trustees and complaint that the Webber Park sign on New Broadway is not light up properly. Deputy Mayor Capossela stated that the sign is serving its' purpose. �Trustee Carr stated the sign is well light but needs to be adjusted. Mr. Cateano replied that the sign is illegal and further discussion ensued. Mario Belanich, of North Washington St. addressed the Mayor and the Board of Trustees and commented about the quality of life in the village. Mr. Belanich also suggested that Village employees should pay for their own medical coverage and should not get a salary increase. Trustee Reports: Trustee Schroedel had nothing to report from the finance and public safety committees, but he read a commendation letter sent to the Mayor and Board of Trustees regarding the Police Department. Trustee Schroedel complemented the Police Officers involved in the incident and thanked Acting Chief Cotarelo for his leadership in the Police Department Trustee Carr reported that the seniors meeting is on the 18th, and will meet again to discuss the budget. Trustee Carr also mentioned that the Tree committee discussed cutting trees and there will be a meeting in two weeks. Trustee Campbell reported that he met with the community relations committee. See resolution attached. Trustee Campbell also announced that next Tuesday, February 2nd, the work session will be at the Writers' Center and all are encouraged to attend. Deputy Mayor Capossela reported that the DPW is still picking up Christmas trees. February, 15th is a holiday and there will be no garbage pickup. Deputy Mayor Capossela reported that last night he attended the intermunicipal recreation study which was very well attended. Discussion ensued. Trustee Wompa reported that the Downtown Revitalization is being very successful working on the calendar. Trustee Wompa stated that Fiona Galloway is doing a lovely job. Environmental committee met and talked about the leaf blowers' ordinance and will meet again on Thursday. Trustee Stupel reported that the Safe Housing Committee is meeting on Friday. A summary will be ready by Monday. Administrator's Report: The Laberge Group, the consultants working on the recreation shared services study, organized a public workshop on Monday February 25th to give residents the opportunity to comment on recreation services. There was a very good turn out and the consultants did an excellent job. More Ball fields and better maintenance was a common theme requested by residents. The Village will try and implement some recommendations and apply for future grants related to recreation. All in all it was a very productive meeting. �Mr. Giaccio met with the Village's insurance company to work on the automobile use policy. Mr. Giaccio will be meeting with the State Department of Transportation tomorrow to get permission to proceed with the Route 9 culvert Project. Sean McCarthy has given the DeVries Lights contractor a notice to proceed. Work should be done in the spring. Tomorrow, New York Department of State will be holding a press conference at Sleepy Hollow Village Hail at 10;00am to announce grant awards. Sleepy Hollow is receiving a grant to study sharing water services with Briarcliff and Tarrytown. Trustee Schroedel asked about the Devries lights. Trustee Campbell stated that the main issue during the recreation study was the lack of athletic field space, and the need for centralized recreation department. Discussion ensued. Resolutions: See attached 8 resolutions, all approved. Old Business: Trustee Schroedel asked if the wRt 9" green sign can be removed from the front of the Grotto Building Mayor agreed and asked Mr. Gross to remove the sign tomorrow. Communications: Village Clerk announced that two liquor license renewal applications were received by the Clerk's Office from JP Doyle's Restaurant and the Town Tavern. Public Comments: Mr. Mario Belanich of North Washington St. addressed the Mayor and the Board of Trustees and asked if Sleepy Hollow and Briarcliff are sharing water pipes. Mayor explained that our existing water supply is inadequate, and that we need to build a new water tank. Trustee Schroedel explained who pays for the water, discussion ensued. Don Cateano, of Lawrence Avenue, addressed the mayor and the board of Trustees and complimented two Police Officers on an incident that he witnessed. Mayor announced that for the first time, the Village has equal representation on the Library's Board and that the representatives are Trustee Stupel, Trustee Carr and Mr. Giaccio. �At 8:11 p.m. Trustee Campbell moved to go into Executive Session for a personnel matter, seconded by Trustee Wompa. Motion carried, 6-0. At 8;37 p.m Trustee Schroedel moved, seconded by Trustee Campbell to come out of Executive Session. No action was taken in Executive session. On motion by Trustee Schroedel, seconded by Trustee Carr, the meeting was adjourned at 8:39 p.m. Respectfully submitted, Paula A. McCarthy Village Clerk �Meeting Date: 01/26/2010 Resolution #: 01/14/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Fund Digitizing Payroll Records WHEREAS, the Village of Sleepy Hollow's Finance Department frequently has to research using old payroll records to answer queries from the New York State Retirement System, and such queries can involve the reporting of monthly payroll for a given employee going back many decades; and WHEREAS, the old payroll records are held in the basement records storage room and are not in good condition such that employees occasionally report feeling ill after lengthy payroll research using these records; and WHEREAS, the Village began processing payroll in the MUNIS accounting system in July 2003 so that al! payroll records from that date are accessible by computer from employees' workstations; and WHEREAS, it would increase productivity, efficiency and help protect employee health to digitize payroll records prior to July 2003 such that they, too, could be accessed from employee workstations; and WHEREAS, the 2010-2011 round of New York State Archives grants has been identified as a funding source appropriate for a project to microfilm, digitize and upload payroll records between 1975 and 2003; and WHEREAS, this Local Government Records Management Improvement Fund requires no cash match from the Village for the project, although the Village is required to maintain the system going forward. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the New York State Archives in accordance with the provisions of the Local Government Records Management Improvement Fund grant program, in an amount not to exceed $40,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance for a project to microfilm, digitize and upload the payroll reports; and RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. B E I T FURTHER Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �Meeting Date: Resolution #: 01/26/2010 01/15/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to authorize funding for a DeVries Park Topographical Survey Whereas - the Village of Sleepy Hollow has been awarded a Community Development Block Grant in the amount of $248,000 to renovate DeVries Park, and Whereas - In order to complete the design for this project a topographical survey is needed Now therefore be it resolved - that the Village of Sleepy Holiow Board of Trustees authorizes the funding for a topographical survey for Devries Park at a cost not to exceed $7,500. Moved: Trustee Capossela Seconded: Trustee Wompa Vote: 6-0 �Meeting Date: Resolution #: 01/26/2010 01/16/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow To approve payment to Community Media Whereas - On August 25, 2009 the Village Board passed a resolution to retain Community Media to produce public access broadcasts and authorized a payment of five thousand dollars ($5,000) to Community Media as an initial payment for this service, and Whereas - As part of the resolution, Community Media is eligible for an additional four thousand nine hundred dollars ($4,900) upon successful review of its work after December 1, 2009, and Whereas - Community Media's work has been reviewed by the Communications Committee and they have made a recommendation to approve this final payment, Now therefore be it resolved - that the Sleepy Hollow Board of Trustees approves a payment in the amount of four thousand nine hundred dollars ($4,900) to Community Media to produce public access broadcasts for the Village of Sleepy Hollow for the 2008/2009 fiscal year. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 �Meeting; 01/26/2010 Resolution*: 01/17/2010 Now therefore, be it resolved the Board of Trustees hereby schedules a public hearing be held at 7 pm, on Tuesday, February 9, 2010 to hear and consider comments from the Public regarding a proposed fire zone 60 feet long in front of 124 Valley Street, on the East side located between College Avenue and Wildey Street directly in front of 124 Valley Street. Moved: Trustee Carr Seconded; Trustee Stupel Vote: 6-0 �Meeting Date: Resolution #: 01/26/2010 01/18/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to lower the minimum age of eligibility for volunteer firemen Whereas - the Village Board has received a request from the Fire Chief to lower the minimum age of eligibility for volunteer firemen from eighteen to-seventeen, and Whereas -The Village's insurance company has reviewed this request and, if approved, will require that al! seventeen year olds get written consent from their parent or guardian, and Whereas »if such action is taken, there will be an increase of $500 to the Village's annual liability insurance premium Now therefore be it resolved - that the Sleepy Hollow Board of Trustees approves lowering the minimum age of eligibility for volunteer firemen from eighteen to seventeen, and Be it further resolved - that all seventeen year old firemen will need written consent from their parent or guardian in order to be a member of the Sleepy Hollow Fire Department. Moved: Trustee Schroedel Seconded: Trustee Caposseia Vote: 4-3 By Roll Call: Mayor Wray, Trustees Schroedel, Caposseia, Campbell Voted: Yes Trustees Wompa, Stupel, Carr Voted: No �Meeting Date: Resolution #: 01 /16/2010 01/19/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Confirming Mayor's Appointment BE IT RESOLVED, that the Board of Trustees does hereby confirm the Mayor's appointment of Nelson Correa to the Tarrytown Warner's Library Board of Trustees, for a five year term commencing April, 1 st 2010. This appointment replaces Christina Clarke. Moved: Trustee Stupel Seconded: Trustee Capossela Vote: 6-0 �Meeting Date: Resolution #: 1/26/10 1/20/10 Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting the Plumbing Construction Bid for the Phase Three construction of the Senior Center WHEREAS, on January 12, 2010 the Viliage of Sleepy Hollow accepted the low bid proposal of Rok-Built Construction, Inc. of Yorktown Heights, New York in the amount of $94,200 for the Plumbing Construction Contract for the Phase Three construction of the Senior Center; and WHEREAS, on January 21, 2010 Rok-Built Construction, Inc. notified the Village Architect that the company will not furnish and perform the plumbing contract; and WHEREAS, a subsequent qualified bidder, Mengler Mechanical, Inc. of Brewster, New York, has been identified with a bid amount of $96,999.00; and WHEREAS, the Village Architect has determined that the Mengler Mechanical, Inc. bid to be acceptable, and has recommended its approval; and NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the bid of Mengler Mechanical, Inc. at a total amount of $96,999.00; and be it further RESOLVED that the Mayor is authorized to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee Wompa Seconded: Trustee Stupel Vote: 6-0 By roll call: Trustees Schroedel, Carr, Campbell, Capossela, Wompa, Stupel Voted: Yes �Meeting Date: Resolution #: 01/26/2010 01/21/2010 BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of Stephon Murphy to the Sleepy Hollow Zoning Board of Appeals, for a term of 3 years commencing April, 2009. Moved: Trustee Campbell Seconded: Trustee Schroede; Vote: 6-0 �Meeting Date: Resolution #; 01/26/2010 01/22/2010 BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of Peter G. Koffler to the Sleepy Holiow Zoning Board of Appeals, for a terni of 3 years commencing April, 2009. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 �Meeting Date; Resolution #; 01/26/2010 01/23/2010 BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of George Tanner to the Sleepy Hollow Planning Board of Appeals, for a term of 3 years commencing April, 2009. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-01-26 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/24b80b07eab35f2e42d66b7b5f953d3b.pdf 6dcb4ff82fcd6d05f71b77be066ac1fb PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, February 2, 2010 starting at 7:00 P.M. in the boardroom at the Writer's Center, 300 Riverside Drive, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. Wompa David L. Schroedel Bruce R. Campbell Evelyn R. Stupel Barbara J. Carr Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Diane Jacobson, Village Treasurer Rich Gross, General Foreman Sean McCarthy, Village Architect Jose Cotarelo, Acting Police Chief Mayor Wray called the meeting to order at 7:00 p.m. MAYOR'S ANNOUNCEMENTS - Mayor Wray announced that there will be a public comment period at the end of the agenda. SPECIAL SESSION At 7:09 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously, the Board moved into special session. On a motion made by Trustee Carr and seconded by Trustee Capossela and carried unanimously, the Board confirmed the Mayor's appointment of Sherry Bishko-Cummings to the Zoning Board for a three year term commencing in April 2009. On a motion made by Trustee Campbell and seconded by Trustee Stupel and carried unanimously, the Board authorized the Mayor to sign an inter-municipal agreement with the County of Westchester for solid waste disposal. �On motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously, the Board confirmed the Mayor's appointment of John Kapica to the position of Police Chief The Board commended Jose Coterelo for his exemplary service as acting police chief. At 7:21 p.m., on a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously, the Board moved out of special session. SWEARING IN OF THE NEW POLICE CHIEF - Mayor Wray swore in John Kapica as police chief of the Sleepy Hollow Police Department. DOWNTOWN REVITALIZATION CORPORATION PRESENTATION - Susan Roth and Jennifer Ross gave a report on downtown revitalization efforts (see attached). BUDGET - Trustee Schroedel gave an overview of the budget process. PUBLIC COMMENTS Charles Lankester - Discussed the need for a master plan, traffic study along route 9 and landscaping on route 9. He also asked who the candidates will be in the upcoming election. Richard Piano - Recognized Troop 22 of the Boy Scouts. Wants better landscaping around the headless horseman statue and more lighting on the Palmer Avenue Bridge. Requested that the Village ask the cemetery to more plant trees and bushes along Route 9. Asked what financial commitment River's Edge made to the Village. Likes the long range plan idea. Tim Murphy - Asked how large the playground will be at Morse School. Wants better consistency with the facade colors in the downtown. John Weisner - Requested that the Village hire a city planner to do the master plan. Barbara Fina - Wants the code to be updated. Bill Hammer - Supports the master plan idea. Likes what the downtown revitalization Corporation is doing . Would like the Village to utilize the internet more to help publicize the Village. Reverend Santiago - Wants everyone to participate in the census and wants persmission to solicit donations for the Haiti relief efforts. �James West - Commented on General Motors and said that the Industrial Development Agency should be disbanded, which will put the General Motors property back on the tax rolls Adriana Murphy - Would like more senior programs for Hispanic senior citizens. Hugh Jones - Thanked the Board for holding the meeting at the Writer's Center. Supports the master plan idea. Elliot Martone - Businesses should be held accountable if they do not maintain thier facades. Boys Scouts - Wanted to know why they weren't asked to participate in the haunted hayride. Mayor Wray introduced Jose Cotarelo, who arrived at the meeting late, and thanked him for taking on the role of acting police chief. At 9:00 p.m. the meeting was adjourned. Respectfully submitted, Anthony Oiaccio Village Administrator �Meeting Date: Resolution #: 02/02/2010 02/24/2010 BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of Sherry Bishko-Cummings to the Sleepy Hollow Zoning Board of Appeals, for a term of 3 years commencing April, 2009. Moved: Trustee Carr Seconded: Trustee Capossela Vote: 6-0 �Meeting Date: Resolution #: 02/2/10 02/25/10 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to sign Solid Waste Disposal Agreement Whereas, The Village of Sleepy Hollow is desirous of entering into an inter-municipal agreement with the County of Westchester for solid waste and recyclables disposal for Refuse Disposal District #1, and Whereas, The agreement has been reviewed by the Village Attorney and the General Foreman and both have found it to be satisfactory and in the Village's best interest. Now therefore be it resolved, that the Board of Trustees authorizes the Mayor to sign an inter-municipal agreement with Westchester County for solid waste and recyclables disposal for Refuse Disposal District #1. Moved: Trustee Campbel Seconded: Trustee Stupel Vote: 6-0 �Meeting Date: Resolution #: 02/02/2009 02/26/09 BE IT RESOLVED the Board of Trustees hereby approves the Mayor's appointment of John Kapica to the position of Police Chief of the Sleepy Hollow Police Department for a term of one year, commencing February 2nd 2010. BE IT FURTHER RESOLVED that said appointment is made pursuant to the terms of the attached written agreement between the Village of Sleepy Hollow and John Kapica. BE IT RESOLVED that the Board of Trustees hereby authorizes the Mayor to execute said agreement. Moved: Trustee Schroede Seconded: Trustee Carr Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-02-02(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/ebc65e095ab634c3d0e85b9945947e12.pdf ce01e35aad3b92113b3666fb1515142a PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, February 2, 2010 starting at 7:00 P.M. in the boardroom at the Writer's Center, 300 Riverside Drive, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. Wompa David L. Schroedel Bruce R. Campbell Evelyn R. Stupel Barbara J. Carr Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Diane Jacobson, Village Treasurer Rich Gross, General Foreman Sean McCarthy, Village Architect Jose Cotarelo, Acting Police Chief Mayor Wray called the meeting to order at 7:00 p.m. MAYOR'S ANNOUNCEMENTS - Mayor Wray announced that there will be a public comment period at the end of the agenda. SPECIAL SESSION At 7:09 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously, the Board moved into special session. On a motion made by Trustee Carr and seconded by Trustee Capossela and carried unanimously, the Board confirmed the Mayor's appointment of Sherry Bishko-Cummings to the Zoning Board for a three year term commencing in April 2009. On a motion made by Trustee Campbell and seconded by Trustee Stupel and carried unanimously, the Board authorized the Mayor to sign an inter-municipal agreement with the County of Westchester for solid waste disposal. �On motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously, the Board confirmed the Mayor's appointment of John Kapica to the position of Police Chief The Board commended Jose Coterelo for his exemplary service as acting police chief. At 7:21 p.m., on a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously, the Board moved out of special session. SWEARING IN OF THE NEW POLICE CHIEF - Mayor Wray swore in John Kapica as police chief of the Sleepy Hollow Police Department. DOWNTOWN REVITALIZATION CORPORATION PRESENTATION - Susan Roth and Jennifer Ross gave a report on downtown revitalization efforts (see attached). BUDGET - Trustee Schroedel gave an overview of the budget process. PUBLIC COMMENTS Charles Lankester - Discussed the need for a master plan, traffic study along route 9 and landscaping on route 9. He also asked who the candidates will be in the upcoming election. Richard Piano - Recognized Troop 22 of the Boy Scouts. Wants better landscaping around the headless horseman statue and more lighting on the Palmer Avenue Bridge. Requested that the Village ask the cemetery to more plant trees and bushes along Route 9. Asked what financial commitment River's Edge made to the Village. Likes the long range plan idea. Tim Murphy - Asked how large the playground will be at Morse School. Wants better consistency with the facade colors in the downtown. John Weisner - Requested that the Village hire a city planner to do the master plan. Barbara Fina - Wants the code to be updated. Bill Hammer - Supports the master plan idea. Likes what the downtown revitalization Corporation is doing . Would like the Village to utilize the internet more to help publicize the Village. Reverend Santiago - Wants everyone to participate in the census and wants persmission to solicit donations for the Haiti relief efforts. �James West - Commented on General Motors and said that the Industrial Development Agency should be disbanded, which will put the General Motors property back on the tax rolls Adriana Murphy - Would like more senior programs for Hispanic senior citizens. Hugh Jones - Thanked the Board for holding the meeting at the Writer's Center. Supports the master plan idea. Elliot Martone - Businesses should be held accountable if they do not maintain thier facades. Boys Scouts - Wanted to know why they weren't asked to participate in the haunted hayride. Mayor Wray introduced Jose Cotarelo, who arrived at the meeting late, and thanked him for taking on the role of acting police chief. At 9:00 p.m. the meeting was adjourned. Respectfully submitted, Anthony Gia£cio Village Administrator � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-02-02 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/aeb4faad009e8ed8e6ed83f523c4f856.pdf aaa8badcf005c4c6de668d4c55b3f892 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, February 9, 2010 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbell Evelyn Stupel, Trustees Absent: Karin Wompa, Trustee Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief Paula A. McCarthy, Village Clerk At 7:10 p.m. the Mayor called the meeting to order with pledge to the flag. Village Clerk read the Public Hearing Notice regarding the fire lane asking zone in front of 124 Valley Street Mayor Wray opened up the Public Hearing: Ms. Lillian Abrams and her daughter Naomi Rosenburgh from the Senior Building addressed the Mayor and the Board of Trustees and expressed concerned about being dropped off and picked up at this location, as she has physical limitations. Ms. Abrams also asked if the residents of the senior building could have permission to pick up and drop off individuals in front of the building. Mayor responded that this problem will be looked into. There were no other comments from the public at this time and Mayor adjourned this hearing until February, 23, 2010. Approval of Minutes: Trustee Carr moved, seconded by Trustee Stupel to approve the minutes of January 5 and January 26, 2010. Motion carried 5-0 Approval of Warrants: Trustee Carr moved, seconded by Trustee Campbell to approve the Warrant of $109,026.72 Vote-5-0 �Mayor announcements: Mayor stated that the last Work Session which took place at the Writer's Center was a success and well attended, and the Mayor looks forward to having a meeting there again. Mayor stated that, at the last work session, the Board moved into Special Session to appoint the new Chief of Police, John kapica and at this time the Mayor welcomed Chief Kapica once again. The Mayor also thanked Jose Cotarelo for all his help and great job while acting Chief of Police. Public Comments: No comments. Trustee Reports: Trustee Schroedel reported that he met with the Fire Committee to go over their budget. Trustee Carr reported that on Monday there wiil be a Senior Citizen meeting and Sean McCarthy will attend to update the seniors on the construction status of the senior building. Trustee Carr also reported that the Friends of Douglas Park will be having a meeting with Sean McCarthy and Anthony Giaccio as well. The Tree committee will meet to discuss the process of applications for removal of trees. At the Work Session last week a lady asked about senior services and Trustee Carr wiil meet with her to discuss programs and services. Trustee Campbell reported that many people attended the Work Session last week and is hoping to schedule another one soon. Trustee Campbell also reported that the Community Relations Committee met this evening and would like to increase the use and functionality of our website. Mayor commented that it was a great idea to have a work Session at the Writer's Center. Mayor announced that schools will be closed tomorrow due to inclement weather. Trustee Capossela reported that due to inclement weather, Richard Gross, General Foreman has requested that the Village declare a snow storm emergency at 8am for Wednesday, February 10th, 2010. Trustee Capossela also reported that recyclables will be picked up if possible and that there is a holiday schedule pick up for next week. The DPW Committee met and are working on the budget, and Deputy Mayor Capossela asked if 10/31, the Halloween Hayride Organizers, would return and attend a work session if interested. Trustee Stupel reported that the Safe Housing and Code Enforcement committees met and a draft of this meeting wiil be ready by Friday. �Trustee Stupel thanked members of the Committee for their patience and expertise and thanked Janet Gandolfo, Sean McCarthy and Mathew Brennan. Trustee Stupel also reminded everyone about the census and to sign up if possible, The Building Department budget planning continues to be an ongoing process. Trustee Carr mentioned that Evelyn, Anthony and Barbara met with library regarding their budget. Administrator's Report The Downtown Revitalization Corporation has completed the Village calendar and it will be mailed out at the end of the month. The Department of Transportation has approved the route 9 culvert project. - contracts are in and nave been reviewed by the Village Attorney. Work is progressing on the budget. Lights at Devries Park have been removed. Chief Kapica attended his first department head meeting and discussed some initiatives he has planned. Work on the Senior Center's final phase will begin this week. Resolutions: 5 resolutions - all passed. New Business: Mayor announced that Anthony Giaccio, Dolph Rothfeld and David Schroedel met with Congresswoman Nita Lowey to discuss the water tank plans. Ms. Lowy's office was very helpful and will follow up with Senator Gillibrand and Senator Shumer's office in an effort to get funding for this project. Communications: N/A Public Comments: Mario Belanich, of North Washington St, addressed the Mayor and the Board of Trustees and asked about the resolution about Anthony Giaccio signing checks. Mayor responded and brief discussion ensued. �At 7:46 p.m., on a motion by Trustee Campbell, Seconded Trustee Schroedel the Board of Trustees went into Executive Session. At 8:04 p.m., on a motion by Trustee Carr, seconded by Trustee Schroedel the board came out of Executive Session. At 8:05 p.m., on a motion by Trustee Campbell, seconded by Trustee Carr the meeting was adjourned. Respectfully submitted, Pauia A. McCarthy Village Clerk �Meeting Date: Resolution #: 2/09/2010 2/27/2010 WHEREAS, Giorgio Cicciarella was appointed as a temporary part time laborer in the Public Works Department in July, 2008. WHEREAS, the temporary vacancy continues to exist in the position of Village Caretaker and, NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby confirm the permanent Mayor's appointment of Giorgio Cicciarella of 71 New Broadway, Sleepy Hollow, New York as a part time laborer in the Public Works Department to work Monday through Friday at an hourly salary of $15.30 effective immediately not to exceed 17.5 hours per week. Moved: Trustee Capossela Seconded: Trustee Campbell Vote: 5-0 �Meeting Date: 2/9/2010 Resolution #: 2/28/2010 WHEREAS, during the period between the retirement of Chief Warren and the appointment of John Kapica as Chief of Police, Sergeant Cotareio has been serving in the capacity of Acting Chief of Police; and WHEREAS, due to this and other personnel exigencies within the Police Department the position of Detective Sergeant has gone unfilled; and WHEREAS, the intricacies of investigative work make it desirable to have a superior officer oversee the responsibilities of this division; and WHEREAS, Chief Kapica has assigned Sergeant Cotareio to the Detective's Division effective February 5th 2010, NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees supports the assignment of Sergeant Cotareio to the Detective Division and, BE IT FURTHER RESOLVED THAT Detective Sergeant Cotarelo's annual salary is $102,667.00 effective February 8, 2010. Moved: Trustee Schroedel Seconded: Stupel Vote: 5-0 �Meeting date: 2/09/2010 Resolution #; 2/29/2010 BE IT RESOLVED, the Village Administrator, Anthony P. Giaccio, is hereby authorized to sign checks on behalf of the village; and BE IT FURTHER RESOLVED, that Anthony P. Giaccio may sign checks with a facsimile signature, as reproduced by a machine or A device known as a check signer. Moved; Trustee Carr Seconded: Schroedel Vote: 5-0 �Meeting date: 2/09/2010 Resolution #: 2/30/2010 BE IT RESOLVED, the Board of Trustees hereby retains the services of Joy Joseph, Esq. to prosecute village code violations on behalf of the village, and BE IT FURTHER RESOLVED that Ms. Joseph shall be compensated at the rate of $135.00 per hour. Moved: Trustee Stupe: Seconded: Trustee Campbell Vote: 5-0 �Meeting Date: Resolution #: 02/09/2010 02/31/2010 WHEREAS, the Board of Fire Wardens has recommended the expulsion of Bill Lent from the Fire Department after legal notice to Mr. Lent; NOW, THEREFORE, BE IT RESOLVED the Board of Trustees hereby ratifies the action of the Board of Wardens. Moved: Trustee Schroedel Seconded: Trustee Capossela Vote: 5-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-02-09 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/c6f22f5ee7e3ef4d6a43fd3b90b9dd8d.pdf e1a70bf7f3cbdd31f7a9ee85aabe53e0 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, February 16, 2010 starting at 4:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. The work session took place concurrently with a meeting of the Board of Assessment Review, convened for the purpose of reviewing applications for tax assessment reduction. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. Wompa David L. Schroedel Evelyn R. Stupel Barbara J. Carr Trustees Bruce R. Campbell (absent) Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Fred Gross, Assessor Sean McCarthy, Village Architect Mayor Wray called the meeting to order at 4:00 p.m. ASSESSOR PRESENTATION - Fred Gross reviewed the grievance process with the Board. SDG PRESENTATION - A presentation was given by John Kelly of Systems Development Group on the cost and benefit of merging the Town of Mt. Pleasant's existing tax maps, section, block and lot identifiers into the Village's parcel database. BUILDING CODE REVISION - The Board reviewed a draft of the illegal housing code revisions submitted by the Housing Committee. At 8:00 p.m. the meeting was adjourned. Respectfully submitted, Anthony Giaccio Village Administrator � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-02-16 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/41718f3293a694790dcf12da5f995411.pdf 7b8c5f3e431d9a142e6db1ccc7dcc28d PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, February 23, 2010 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbell Evelyn Stupe!, Trustees Absent: Kafin'Wornpa, Trustee Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk At 7:04 p.m. the Mayor called the meeting to order with a prayer and pledge to the flag. Village Clerk read the Public Hearing Continuation Notice regarding the fire lane zone in front of 124 Valley Street. Mayor Wray opened up the Public Hearing: Trustee Schroedel commented on the lack of attendance to this Public Hearing, Village Clerk explained and discussion ensued about the areas where this Notice was published. Trustee Schroedel asked Mr. McCarthy how many spaces will actually be removed, Mr. McCarthy explained that after evaluation and alterations only one parking space will be lost from this area. Discussion ensued. Mayor Wray stated that this also needs to be done for fire safety. Trustee Campbell moved, seconded by Trustee Stupe! to close this Public Hearing. It was unanimous. Approval of Minutes: Trustee Carr moved, Seconded by Trustee Capossela to approve the Minutes of, 1/19/10 and 2/9/2010. It was unanimous. Approval of Warrants: Trustee Schroedel moved, seconded by Trustee Campbell to approve warrants 10FEB16, 10FEB23A, 10FEB23 in the total of $425,802.52. �Trustee Capossela asked about the snow watch payment to the Volunteer Departments. Discussion ensued and the Mayor will meet with Mr. Giaccio and the chief regarding snow storm watch procedures. Public Comments: Mr, Belanich questioned the resolution for the March 9th Public Hearing and wondered if a listing of the Village amendments should be listed. Ms. Gandolfo responded that at this time only the Public Hearing Notice has to be announced. Trustee Reports: Trustee Schroedel reported that the Public Safety Committee met and made recommendations regarding cell phones and vehicles. Trustee Carr reported that the Tree Committee met and will review its policies with the Village of Tarrytown on March 9th, 2010. Trustee Carr also reported that she will meet with the seniors in March for an update on the status of the senior building's construction. Trustee Campbell had nothing to report. Trustee Capossela reported for DPW that pot holes are being repaired, and salt barrels are filled and for use in the sidewalks. Trustee Capossela advised the public to listen to the local channel, channel 78, for when snow emergencies are declared. All cars should move so DPW can clean up the streets. Trustee Capossela reported for recreation Department that vines and small trees are being cleaned for baseball season. TNT sign up is ongoing and fields are being prepared. Trustee Stuoel reported that Census is most important and people should participate; 2600 students will bring home packages to their parents and 20 students are going door to door to explain about census - which is also being advertised at the local stores. Administrator: Chief Kapica, Lieutenant Camp, Rich Gross and Anthony Giaccio met with Tom Kennedy Chairman of the St. Patrick's Parade Committee in preparation for the event. The parade will begin at 1:30 p.m, on Sunday , March 14th, 2010. This past Friday, Trustee Shroedei, Dolph Rotfeld and Anthony Giaccio met with Senator Stewart-Cousins to discuss the water tank project. Similar meetings are being planned this week with the offices of Senator Schumer and Senator Gillibrand. �The final phase of the Senior Center Project has begun. It might be a good idea to have the Board of Trustees schedule a tour of the facility sometime in late March. Bids documents have been prepared for the Shaft 9 project. A draft of the automobile policy will be available at the next work session. Mayor's Announcements: Mayor announced that Phil Zegarejli will be the Grand Marshall at the St. Patrick's Day parade. Resolutions: resolutions - all passed. Old Business: Trustee Carr asked when Con Ed is coming to cut tress and suggested that an Arborist walk around with the Con Ed Crew. Mr. Giaccio responded that maybe done in early March. Trustee Carr also stated that the Friends of Douglas Park met with Mr. Giaccio are working on getting proposals on the playground. Communications: The Village Clerk announced a liquor license renewal for Mayor Wray announced that the DOT responded to the Traffic Study that the Village submitted. Public Comments: No comments were made. On motion by Trustee Carr, Seconded by Trustee Campbell the meeting was adjourned at 8 p.m. �PUBLIC HEARING NOTICE PLEASE TAKE NOTICE the Board of Trustees of the Village of Sleepy Hollow will continue to hold a public hearing on Tuesday, February 23 rd , 2010 at 7 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from members of the public regarding an amendment to Village Code, Section 57-20J (A), to add a 60 foot fire lane on the east side of Valley Street, more ^§^f\^}kL}DJ^>J^9l^^)!^^3^^kP^rkiDSL2T^^MnSL.^^ins or placing thereon, at any time, of any automobile, truck, motorcycle or 6the7"veT^ physical object or materia! within such restricted fire lane will be expressly prohibited. Village Hail is accessible to the handicapped. By Order of the Board of Trustees Dated: February 10, 2010 Paula A. McCarthy Village Clerk �Meeting Date: 2/23/2010 Resolution*: 2/32/2010 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Authorizing Engineer to Solicit Bids WHEREAS, Dolph Rotfeld Engineering has completed a design to repiace the Shaft Nine Pumps Station and has requested permission to solicit bids for this project; NOW THEREFORE BE IT RESOLVED, that the Mayor and the Board of Trustees of the Village of Sleepy Hollow Authorizes Dolph Rotfeld Engineering to Solicit Bids for the Shaft Nine Pump Station Project Moved: Schroedel Seconded: Carr Vote: 6-0 �Meeting Date: 2/23/2010 Resolutions 2/33/2010 WHEREAS, Viliage Counsel has approved the Agreement for the Proposed US Route 9 Culvert Replacement Project; and WHEREAS, the Agreement is acceptable in form and substance; NOW THEREFORE BE IT RESOLVED, the Board of Trustees hereby authorizes the Mayor to execute the Agreement on behalf of the Village and take al! necessary steps to effectuate the Agreement. Moved: Campbell Seconded: Capossela Vote: 5-0 �Meeting date: 2/23/2010 Resolution #: 2/34/2010 WHEREAS, the firm of Bond, Schoeneck & King, PLLC, brought an action against the Village of Sleepy Hollow for payment for legal services rendered regarding a former retainer agreement; and WHEREAS, the Village's full financial exposure if the suit were brought to trial could be as high as $130,000 if a court found in favor of the plaintiffs; and WHEREAS, a settlement of $45,000 has been negotiated between the parties; and WHEREAS, Village Counsel recommends the Board of Trustees approves the settlement; NOW THEREFORE BE IT RESOLVED, the Board of Trustees hereby agrees to settle the lawsuit entitled Bond, Schoeneck & King against the Village of Sleepy Hollow for the sum of $45,000 and further directs Village Counsel to effectuate the settlement Moved: Campbell Seconded: Schroedel Vote: 4-2 By Roll Call: Mayor Wray, Trustee Shroedel, Campbell, Stupel vote: Yes Deputy Mayor Capossela and Trustee Carr vote: No Trustee Wompa: Absent �Meeting Date: Resolution: 2/23/2010 2/35/2010 RESOLUTION OF THE VILLAGE OF SLEEPY HOLLOW NEGATIVE DECLARATION OPERATION OF TRANSFER SITE IN ACCORDANCE WITH WESTCHESTER COUNTY'S ORGANIC YARD WASTE MANAGEMENT PROGRAM WHEREAS, the Mayor and Board of Trustees (the Village Board) for the Village of Sleepy Hollow are considering entering into an inter-munidpal agreement with Westchester Gounty to operate a yard waste transfer site in accordance with the County's Organic Yard Waste Management Program on approximately one acre of existing paved parking located on what is known as the East Parcel portion of the former General Motors property situated in the Village of Sleepy Hollow, New York (the Proposed Action); and WHEREAS, a long form environmental assessment parts I and II have been prepared and submitted to the Village Board; and WHEREAS, based on a review of the environmental assessment form and with input of project operations from Village staff, the Village Board determined that the Proposed Action is an Unlisted Action under SEQR; and WHEREAS, on or about Januaryl2,2010, the Village Board declared themselves to be the Lead Agency for the purposes of the SEQR review of the Proposed Action and circulated notification to all other potentially involved or interested agencies; and WHEREAS, the Village Board scrutinized and evaluated the information presented in the environmental assessment form and the Saccardi & Schiff, Inc. review memorandum of February 17, 2010; and NOW THEREFORE BE IT RESOLVED, based on the foregoing record, the Village Board makes the following findings of fact: 1. The proposed site is currently used by the Village for the processing and transfer of yard waste. Since the site is already paved and storage would be accommodated in containers, there would be no physical disturbance or new construction related to project. As a result, there would be no potential for impacts related to categories such as land, water, plants/animals, agriculture, historic/archaeological, open space/recreation, critical environmental areas or community character. 2. Operational information provided by the Department of Public Works indicates that even during its most active periods, the site experiences limited truck traffic. There would be no anticipated change in pick-up procedures. Given the relatively limited numbers of truck trips and that there would be no significant operational changes as a result of joining the County program, the project would not be expected to result in significant l �adverse transportation system impacts. 3. There have been no reported noise or odor complaints related to the Village's existing facility. With no significant changes in trucking operations or the materials handled, it is not anticipated that there would be significant adverse noise or odor impacts. The containerized storage would allow for maintenance of a neater site, reducing the potential for adverse aesthetic impacts; and be it further RESOLVED, that the Village Board, after review of the Environmental Assessment Form and the criteria set forth in Part 617.7(c) of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law, Criteria for Determining Significance, does hereby determine that Proposed Action would not cause significant adverse impacts to the environment and that a Negative Declaration is so recorded for the Proposed Action. Specifically the Lead Agency has, on the basis of the entire record before it, determined that; a. The proposed action will not result in a substantial adverse change in existing air quality, ground or surface water quality or quantity, or traffic or noise levels, and that the proposed action will not result in a substantial increase in solid waste production, or in the potential for erosion, flooding, leeching, or drainage. b. The proposed action will not substantially interfere with the movement of any resident or migratory fish or wildlife species, impact a significant habitat area, have an adverse impact on a threatened or endangered species of animal or plant, or have any other significant adverse impact on natural resources. c. The proposed action will not impair the environmental characteristics of a Critical Environmental Area. d. The proposed action is consistent with the Village=s current plans and goals as officially approved or adopted. e. The proposed action will not impair the character or quality of any important historical or archaeological resource. f. The proposed action will not result in a major change in the use of any energy resource. g. The proposed action will not create a hazard to human health. h. The proposed action will not create an adverse change in the creation of open space and recreational resources; and be it further RESOLVED, that the Village Board declares that the Proposed Action is consistent with the overall goals and policies of the Village's LWRP; and be it further 2 �RESOLVED, that the Mayor or other duly authorized official acting on behalf of the Village of Sleepy Hollow is hereby authorized to execute the Agreement with the County of Westchester for participation in the Organic Yard Waste Management Program. Moved: Trustee Capossela Seconded: Trustee Stupel 3 Vote: 5-0 �This Resolution and EAF has been circulated to the following: Potential Interested and Involved Agencies Planning Board Chairman Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Ms. Carol Ash, Commissioner NY State Office of Parks, Recreation & Historic Preservation Empire State Plaza Agency Building 1 Albany, NY 12238 Peter Grannis, Commissioner NYSDEC 625 Broadway Albany, NY 12233-1011 Willie Janeway NYSDEC, Region 3 NYS Department of Environmental Conservation 21 South Putt Corners Road New Paltz, NY 12561-1696 Joseph Stout, Commissioner Westchester County Dept. of Parks, Recreation and Conservation 25 Moore Avenue Mount Kisco, NY 10549 Thomas Lauro, Commissioner Westchester County Dept. of Environmental Facilities 270 North Avenue New Rocheile, NY 10801 Other Agencies with Review Authority: Secretary of State New York State Department of State 41 State Street Albany, NY 12231-0001 4 �Ed Burroughs, Acting Commissioner Westchester County Dept. Of Planning 148 Martine Avenue White Plains, NY 10601 Hon. Joan Maybury, Supervisor Town of Mount Pleasant Town Hall 1 Town Hall Plaza Valhalla, NY 10595 Robert Dennison, Regional Director NYS Dept. of Transportation 4 Burnett Boulevard Poughkeepsie, NY 12603 Copy of this Notice of Intent on file with: Village Clerk Village Hal! 28 Beekman Avenue Sleepy Hollow, NY 10591 Business Environmental Publications (Notice Only) FAX-518-371-7419 5 �Planning and Development Consultants 445 Hamilton Avenue White Plains Suite 404 New York 10601 Tel: 914-761-3582 Fax: 914-761-3759 www.saccschiff-cpm MEMORANDUM TO: Sean McCarthy FROM: Owen Wells, AICP DATE: February 17, 2010 RE: Organic Yard Waste Management Program - Review Process Project Introduction The Village is considering entering into an inter-municipal agreement with Westchester County to operate a yard waste transfer site on approximately one acre of existing paved parking located on the East Parcel of the former General Motors property as a participant in the County's Organic Yard Waste Management Program. Pursuant to SEQR and the requirements of the agreement, the Village needs to conduct an environmental review for the site. The site is currently used by the Village for the processing and transfer of yard waste. The proposed action would involve a somewhat less intense operation, consisting of containerized storage and transfer of yard waste. Since the site is already paved and the storage would be accommodated in containers, there would be no actual disturbance associated with the project. John J. Saccardi, AICP David B. Schiff, AICP, PP David B. Smith, AiCP Syrette Dym, AiCP Boniia J. Von Ohlsen, RLA Nina Peek, AICP Gina Martini D-Onofrio, AICP Land Development Comprehensive Planning Zoning Real Estate Economics Environmental Studies Housing Community Development Review Process The project is considered an Unlisted Action under SEQR and at its January meeting the Village Board declared itself to be Lead Agency for the proposed review. A long form Full Environmental Assessment Parts I and II has also already been prepared for the Village's Board review and use in determining potential project impacts and magnitude. The types of impact categories that are evaluated in the Part II include impacts on land, water, air, plants and animals, agricultural land, aesthetic resources, historic and archaeological resources, open space and recreation, critical environmental areas, transportation, energy, noise and odor, public health, and community character. In this case, since there is no physical disturbance or new construction related to the project, most of the categories are generally not relevant (e.g., �Sean McCarthy Organic Yard Waste Management Program February 17, 2010 impacts on land, water, plants/animals, agriculture, historic/archaeological, space/recreation, critical environmental areas, community character, etc.) open Certain categories such as transportation, aesthetics, and noise/odor may be more relevant issues for review of facilities of this type. Given that a comparable operation is currently occurring at the site, information from the DPW Superintendent detailing typical operations (equipment used, number/frequency of truck trips, hours of operation, types of materials handled/processed, noise/odor complaints) has been collected and summarized in the paragraph below in order to augment the EAF.1 This should provide the Village Board with additional context and understanding that may be useful in making and explaining their determination of significance. The waste management facility currently operates between 7:00am and 2:30pm and handles leaves, trees, yard waste and sweepings clean fill. Equipment used at the site includes a backhoe front end loader. During the spring, summer and winter months, typical truck activity is limited to two brush pick-up trips on Mondays. The site becomes somewhat more active during the fall with approximately two daily trips by a 30-yard garbage truck with leaves, four daily trips by a 10~wheel dump truck, and three daily trips by a 10~yard self-contained leaf box. Even during the more active period, this translates into slightly more than 1 trip per hour of operation and would not be expected to have a significant impact on traffic operations. The DPW Supervisor indicates that there would be no change in pick-up procedures as a result of joining the County Organic Yard Waste Management Program program. The Village DPW would load 100-yard containers with organic waste, which would then be collected by a County contractor. The contractor would be expected to make approximately two trips per day to remove the material. Given the relatively limited numbers of truck trips and that there would be no significant operational changes as a result of joining the County program, the project would not be expected to result in significant adverse transportation impacts. The DPW also indicates that there have been no reported noise or odor complaints related to the facility. Again, with no significant changes in the trucking operations or the materials handled, it is not anticipated that there would be significant adverse noise or odor impacts. It is also expected that containerized storage would allow for a neater site, lessening the potential for adverse aesthetic impacts. As noted above, the Village has already declared itself as Lead Agency and circulated the resolution to other potentially interested or involved agencies. With the completed EAF (and the operations description above), the Village Board would be in position to consider the project's potential impacts and issue a determination of significance. A Negative Declaration would complete the SEQR process and allow the Village to execute the agreement. A copy of the Negative Declaration is required to be submitted with the signed agreement. There are no mandated timeframes related to the determination of significance and taking action (i.e., the Negative Declaration and signing of the agreement can be done at one meeting.) The Village may elect to wait until 30 days have passed from the initial circulation before issuing their determination of significance to ensure that no other agency raises an objection to the Village Board acting as lead agency, but it is not required. A draft Negative Declaration is attached for the Board's consideration. 1 Email correspondence, February 17,2010. �Meeting: Resolutions 2/23/2010 02/36/2010 Now therefore, be it resolved the Board of Trustees hereby schedules a public hearing be held at 7 pm, on Tuesday, March 9 th , 2010 at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from members of the public regarding an amendment to Chapters 10,19D, 30A, 32 and 62. Moved: Trustee Stupel Seconded: Trustee Campbeil Vote: 5-0 �Meeting Date: 02/23/2010 Resolution #: 02/37/2010 Whereas, there are many issues facing the Village of Sleepy Hollow in the near future including adequacy of the infrastructure, roadway capacity in relation to new development, the management of existing non-conforming uses to the Zoning Code, the Pocantico River Basin and inner Village development, being among some of the issues; and Whereas, the Board of Trustees has determined that it would be in the best interests of the Village to study the above issues, as well as other issues to be identified, and adopt a Comprehensive Plan which would help to steer the direction of Village development and improvements consistent with the Village's current local laws, as well as state and federal laws; and Whereas, the Board of Trustees has determined that the appointment of the Planning Board to compose the Committee, together with any members of sub-committees appointed by the Planning Board, would be the best and most efficient way to develop a Comprehensive Plan, Now, therefore be it resolved, the Board of Trustees hereby approves the Mayor's appointment of the members of the Planning Board to compose the Village's Comprehensive Plan Committee; and Be if further resolved the Committee appointments are effective immediately and said appointments will extend to each member of the Planning Board to coincide with term of his/her appointment to the Planning Board. Moved: Trustee Campbel Seconded: Trustee Carr Vote: 5-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-02-23 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/4b4f548a0eb1861feca615f9ddd10cf8.pdf efd41864f76fb9c9965d4e8ec0715d5b PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, March 2, 2010 starting at 7:00 P,M, in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. Wompa David L. Schroedel Bruce R. Campbell Evelyn R. Stupel Barbara J. Carr Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney John Kapica, Police Chief Sean McCarthy, Village Architect Mayor Wray called the meeting to order at 7:00 p.m. MAHOPAC BANK HANDICAP RAMP REQUEST ~ A representative from Mahopac Bank made a presentation to the Board to install a handicap ramp on the sidewalk in front of the bank on Beekman Avenue. Mayor Wray referred the matter to the Planning Board. SENIOR CITIZEN'S CENTER -Sean McCarthy updated the Board on the Senior Center. Contract dates are scheduled to be completed on May 8. The project is moving along well. Mr. McCarthy will be meeting with the senior citizens to update them on the project. COMMUNITY ADVISORY COMMITTEE - Chief Kapica made a recommendation to establish a citizen advisory group that could help residents and police communicate better. Mr. Kapica suggested that members of the Committee should represent all parts of the Village as well as the School. The Board was in favor of this the idea. AUTOMOBILE POLICY ~ Mr. Giaccio submitted a draft automobile policy that would address Village employees and volunteers with poor driving records. Discussion ensued. ST. PATRICK'S DAY PARADE - The Board discussed the upcoming St. Patrick's parade. POST LEAD MECHANIC POSITION - Rich Gross made a request to the Board to post a job opening in the garage for lead mechanic. Discussion ensued. �BUILDING CODE REVISION - The Board reviewed a draft of the illegal housing code revisions submitted by the Housing Committee. The Board recommended several changes from the original draft. Discussion will continue at the next work session. SURVEY FOR ROUTE 9 STREETSCAPE PROJECT - Mr. Giaccio informed the Board that a request for proposal was done for a survey related the Route 9 Streetscape Project Several companies submitted proposals. The Board reviewed the bid summary. HOME RULE REQUEST - Mr. Giaccio informed the Board that when certain police officers were hired, the Village failed to notify them that they had options related to their retirement benefits. In order to correct this mistake, the Board has to make a home rule request to the State. FACILTY USE REQUEST - The Board reviewed a request made by the Jessica Santos Foundation to have an event at either Bamhart Park or Kingsland Point Park. EXECUTIVE SESSION At 8:47 p.m., on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously, the Board moved into executive session to discuss legal matters. At 9:30, on a motion made by Trustee Schroedel and seconded by Trustee Campbell and carried unanimously, the Board moved out of executive session. At 9:31 p.m. the meeting was adjourned. Respectfully submitted, Anthony &accio Village Administrator � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-03-02 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/bd022987608c52f7fee75393fd10ae89.pdf 555a67ba2296f79dcb2215669b3a2eac PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, March 2010 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbell Karin Wompa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel John Kapica, Chief of Police Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk At 7:04 p.m. the Mayor called the meeting to order with a pledge to the flag. Mayor Wray opened the Public Hearing Meeting on Code Revision to the public. At this time the Village Clerk read the public hearing announcement Ms. Helen McDonough of 23 Kendall Avenue addressed the Mayor and the Board of Trustees and expressed concern about the over crowed homes in the area and daycares. Ms. McDonough owns a home herself and would like the Board to support her concerns and take action. Ms. McDonough asked if someone buys a home in the Village, who's going to enforce the rules, such as garbage pickup. Ms. McDonough asked that residents be informed and educated. Mayor Wray responded that the Board is addressing these issues and has hired a qualified person to be more vigilant in parts of the village and enforce the Housing Code. Mayor stated that one way to educate the residents is to issue fines and that penalties have to be enforced. Ms. McDonough responded that she is tired of the nonsense and the Village needs guidelines. Deputy Mayor Capossela stated that the Village is taking action and is addressing this concern aggressively. Mario Belanich of North Washington St. addressed the Mayor and the Board of Trustees and stated that the Village has to be careful and cannot throw the residents living in illegal Housing out on the streets. He suggested that when the Village prosecutes and wins against someone for illegal housing, that that person should pay for the Prosecutor's fee. Mr. Belanich also suggested that the landlords should see the water bills. �Mayor responded and explained that tenants can be asked to leave and that the Building Inspector has the authority to close the building if deemed unsafe. Mayor also stated that the Courts can evict residents in illegal housing and the Village will enforce these regulations. Mayor stated that these regulations are ail about safety, for families and for our staff; such as our Police Officers and Volunteer Firemen and Ambulance. Deputy Mayor Capossela- wants to see the $5,000 fee for permits change to $1,000. He also asked for more clarification on the appearance and violation notices. Discussion ensued amongst Board Members and the Village Attorney regarding the Building Inspector being able to give out summons and appearance tickets. Mayor suggested at this time that the Housing Committee continue to discuss summons and appearance tickets at the next committee meeting. Ms. Helen McDonough addressed the Mayor and the Board of Trustees again and stated that there are a lot of absentee landlords and does the Village have the personnel to implement the Code. Trustee Stupel responded that the Village will increase staff and the Mayor stated that he expects to be very diligent in this case. Discussion ensued regarding permits fees. Sean McCarthy, Building Inspector stated that permits and licensed contractors with insurance is mandatory. Deputy Mayor Capossela thanked Sean McCarthy. Janet Gandolfo, Village Attorney stated that the code should be formatted and available on the website, and that most municipalities paid between $15,000 and $20,000 for this service. Mayor stated that there are significant points to address and will adjourn this Public Hearing until next meeting. Approval of Minutes: On a motion by Trustee Campbell, seconded by Trustee Wompa the Minutes of 10/13/2009; 2/2/10; 2/16/2010; 2/23/2010 were approved. It was unanimous. Approval of Warrants : On a motion by Trustee Schroedel, seconded by Deputy Mayor Capossela the Warrant of $149,196.78 was approved. It was unanimous. �Mayor announcements; Mayor announced the St. Patrick's Day parade is coming up on Sunday, Inarch Mayor also thanl<ed the Department of Public Works employees for doing a good job during the snow storm. The damage was amazing and there were a lot of near misses. There were also a few accidents. The main roads and side streets remained opened and passable. Mayor stated that a really good job was done. Public Comments: Mayor opened the meeting to Public Comments and Implemented the 5 minute rule. Ms. Shelley Robinson addressed the Mayor and the Board of Trustees and expressed concern about an Oak tree at 250 Kelbourne Ave. She requested that BOT re-open this case because she wasn't given notice and wants a moratorium on this tree. She asked that in the future; ail immediate neighbors' should be notified. Discussion ensued regarding trees and tree commission and Trustee Carr went over the Village's Tree Code. Mayor stated that the Tree's Code will be reviewed. Mario Belanich asked about the streetscapes project on Rt. 9 and Mr. Giaccio, Village Administrator, stated that this is being done with grant monies. Mr. Belanich stated that the State should pay for this project since this is a State road. Trustee Reports; Trustee Schroedel - stated that there was a Public Safety Meeting regarding personnel matters. There was also a Police Department meeting regarding different Issues. The Finance Committee will meet next week. A presentation on the water storage tank project was made to the Senator's office and the Village Is moving forward with plans for this project along with help from Federal and State governments. Trustee Carr - Stated that she and Trustee Wompa went to the seniors meeting and discussed the Senior Center construction. They also talked about the budgeting process and asked everyone to speak loudly and clearly into the microphones at the meetings. Trustee Carr also stated that the Douglas Park play ground sub-committee has been meeting regularly and the National Play Ground Company is coming to look at the site. Trustee Carr stated that $385. for traveling express was authorized by Mayor Wray. Mayor said last year's funds were allocated for this. Trustee Campbell - Stated that he wants to finalize a contract with a tech support group to update our website for public relations and advertising Sleepy Hollow. �Trustee Campbell reported that he reached out to the Village of Tarrytown to merge with a local public television station. Deputy Mayor Capossela - read DPW report- see attached Trustee Schroedel asked about Village Trees causing damage following the storm. Richard Gross responded that he checked many trees, made lists and tagged trees that are damaged. Trustee Worn pa - stated that the Village's calendar has been completed and mailed out to all residents. She stated that the calendar is lovely. Trustee Worn pa also stated that she's working on a Morse School project, regarding renovating the park. There will be a cleanup day for Earth week on Beekman Avenue. The School District is working on Its budget and a public hearing to be held soon. Trustee Campbeli also reported that the school budget increase is about 8.5%, and residents should attend the public hearing. Trusteee Stupel had nothing to report, but reminded everyone to complete the census forms and mail it In. Mayor announced that Trustee Stupel has accomplished a lot with the Housing Committee. Administrators Report; Library Budget Committee met with the Library Board to discuss this year's budget proposal. The Committee feels that their request is fair. Mayor Wray, Trustee Schroedel, Dolph Rotfeld and Anthony Giaccio met with Senator Gillibrand's office and Senator Schumer's office to solicit support for the water tank project. Request for Proposals for IT services and Auditors' have been sent out and we hope to have recommendations by the end of April and contract's done by June Mr. Giaccio referenced a letter from the New York Power Authority seeking a location for solar panals. Resolutions: See attached Old Business: Trustee Wompa asked about the Bulletin Board outside, of the Van Tassel Building. Trustee Campbell said it should be taken down. �New Business; No reports. Communications; Village Clerk announced receiving two liquor licenses renewals and also announced that the mobile passport unit will be coming to the Village this summer. Village Clerk reminded everyone about Election Day on Tuesday, March Mayor Wray announced the 2010. anniversary of Kendall on Hudson. Public Comments; No comments were made. At 9:10 p.m. Trustee Schroedel made a motion to go into Executive Session, seconded by Trustee Carr, to discuss a litigation Issue. It was unanimous. At 10:00 p.m. Trustee Carr made a motion to come out of Executive Session, seconded by Trustee Campbell. It was unanimous. At 10:01 p.m. Trustee Carr made a motion, seconded by Trustee Schroedel, to adjourn. Respectfully submitted, Paula A. McCarthy Village Clerk �Resoiutlon Establishing a Police/Community Advisory Committee WHEREAS, the residents of the Village of Sleepy Hollow depend on their police force to maintain peace and order and protect property and human rights; and WHEREAS, the police and residents of the Village share reciprocal obligations of trust and respect; and WHEREAS, it is vital that the people of Sleepy Hollow have confidence in their police and that the police know, understand and acknowledge the needs and expectations of the people they serve; and WHEREAS, regular communication between Village residents and the Police department can only facilitate understanding, enhance sensitivity, increase respect for both the police and the citizenry and engender greater confidence in the fair and evenhanded administration of justice; NOW, THEREFORE, BE IT RESOLVED that to encourage dialogue and promote greater understanding between the police and the community they serve, there is hereby established a Police/Community Advisory Committee to be composed of no more than 20 Village residents, appointed by the Village Board to serve staggered 2 year terms (i) to advise the Sleepy Hollow Chief of Police on issues and concerns of interest to local residents; (ii) to make recommendations regarding recruitment and training policies and practices; (iii) in conjunction with and coordinated by the Chief of Police, to undertake and organize educational outreach initiatives to Village residents, particularly its youth regarding drug abuse, careers in law enforcement and as otherwise mutually agreed; and (iv) to assess the needs and priorities of the Police department and assist in the planning for the future law enforcement needs of the Village; and BE IT FURTHER RESOLVED, that Trustees of the Public Safety Committee shall be the Village Board's designated representative and official liaison to the Police/Community Advisory Committee. Moved: Trustee Capossela Seconded: Schroedel Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving the Sleepy Hollow St. Patrick's Parade BE IT RESOLVED that the Mayor and Board of Trustees hereby allows the Sleepy Hollow St. Patricl<'s Parade Committee, Inc. to hold its Annual St. Patrick's Parade on March 14, 2010 beginning at 1:00 p.m., said parade to last about two hours; and BE IT FURTHER RESOLVED that a green line and shamrocks may be painted along the parade route and the use of the parking lot at the end of Beekman Avenue for the parade bands and organizations may be used. Moved: Trustee Wompa Seconded: Trustee Stupel Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting a Proposal for a Survey Related to the Route 9 Streetscape Project WHEREAS, on January 22, 2010 the Village Engineer sent a Request for Proposal to surveyors for the Route 9 Streetscape Project (summary attached); and WHEREAS, Badey & Watson Surveying & Engineering, P.C. has been identified as submitting the lowest proposal for these services in the amount of $18,794.50; and WHEREAS, the Village Engineer has determined that this proposal is acceptable and has recommended its approval. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees accepts a proposal from Badey 8c Watson Surveying & Engineering, P.C. for a survey related to the Route 9 Streetscape Project In the amount of $18,794.50 and authorizes the Mayor to take any and all such steps as are necessary to effectuate the intent of this resolution. jvioved: Trustee Stupel Seconded: Trustee Campbell Vote: 6-0 �Putnam Business Park 1689 Route 22 Brewster, NY 10509 jhahn@hahn-eng.com Tel: 845-279-2220 Fax: 845-279-8909 MEMORANDUM To Anthony Giaccio Village Administrator From James J, Hahn^ P.E. Town Consulting Engineer Bated Februarys, 2010 Subject Siirveyor Recommendation Route 9 Sidewalk Project Village of Sleepy Hollow, NY On January 22, 2010, our office sent a Request for Proposal to surveyors for the above referenced project. The work consists of surveying the area along NYS. Route 9 (North Broadway)> in the Village of Sleepy Hollow. The surveyor's names, addresses and bid amounts are as follows: BID AMOUNT SURVEYORS Badey & Watson Sui-veying & Engineering, P.C. 3063 Route 9 Cold Spring, NY 10516 $18,794.50 Thomas Merritts Land Surveyors 394 Bedford Road Pleasantville, NY 10570 $19,040.00 Chas, H, Sells, Inc. 555 Pleasantville Road, South Bldg. Briarcliff Manor, NY 10510 $23,200.00 Bunney Associates Land Surveyors 301 Fields Lane Brewster, NY 10509 $26,000.00 Page 1 o f 2 E N V i R O N M E N T A L S T U D I E S ASCE AWWA A N D C I V I L R E P O R T S E N G I N E E R I N G • NSPE D E S I G N WEF �Anthony Glacoio Surveyor Recommendations Route 9 Sidewalk Project SURVEYORS BID AMOUNT Terry Bergendorff Collins 52 Starr Ridge Road Brewster, NY 10509 $26,515.00 The Munson Comply, LLC Land Surveyors 9 North Goodwin Avenue Suite 1 Elmsford,NY 10523 $31,800.00 Badey Sc Watson Surveying and Engineering, P.C, has successfully completed survey work on previous projects for us. Our office spoke to Glennon Watson L,S, or Badey & Watson, he confirmed they will be able to comply with all of the requirements of the Request for Proposal and their bid for this project includes the prevailing wage rates. Therefore, we recommend they be accepted as low bidder and have their work commence in order to expedite the project. If you have any questions or concerns regarding the above, please do not hesitate to contact me at . convenience. p:\village of sleepy holiowVoutc 9 sidewalk project\survey rccsommendatton.doc Page 2 of 2 �WHEREAS, the Village participates in a twenty year retirement plan for its police officers in accordance with section 384-d of the Retirement and Soda! Security Law; and WHEREAS, under the Village's collective bargaining agreement with Its PBA, all police officers are eligible for participation In the twenty year plan; and WHEREAS, the Village has been advised that certain police officers are currently enrolled in the twenty-five year plan rather than the twenty year plan; and WHEREAS, the Village wishes to ensure that all of its police officers are enrolled in the twenty year plan and has been advised by the Retirement System of the cost of transferring these officers to the twenty year plan. NOW, THEREFORE, BE IT RESOLVED, that the Village Clerk, with the assistance of the Village's Labor Counsel, are authorized to take such steps as are necessary to enroll all eligible Village police officers in the twenty year retirement plan. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �RESOLVED that fourteen (14) voting machines be used in the forthcoming Village Election on March 16,2010. Moved: Trustee Campbell Seconded: Trustee Stupe! Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-03-09(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/86ac12036e62e462dd0bc42c6e2deeed.pdf ffa847656ef118cb09ed11bbe64440cd PDF Text Text Meeting Date: 3/09/2010 Resolution #: 3/39/2010 Resolution Establishing a Police/Community Advisory Committee WHEREAS, the residents of the Village of Sleepy Hollow depend on their police force to maintain peace and order and protect property and human rights; and WHEREAS, the police and residents of the Village share reciprocal obligations of trust and respect; and WHEREAS, it is vita! that the people of Sleepy Hollow have confidence in their police and that the police know, understand and acknowledge the needs and expectations of the people they serve; and WHEREAS, regular communication between Village residents and the Police department can only facilitate understanding, enhance sensitivity, increase respect for both the police and the citizenry and engender greater confidence in the fair and evenhanded administration of justice; NOW, THEREFORE, BE IT RESOLVED that to encourage dialogue and promote greater understanding between the police and the community they serve, there is hereby established a Police/Community Advisory Committee to be composed of no more than 20 yillage residents, appointed by the Village Board to serve staggered 2 year terms (i) to advise the Sleepy Hollow Chief of Police on issues and concerns of interest to local residents; (ii) to make recommendations regarding recruitment and training policies and practices; (iii) in conjunction with and coordinated by the Chief of Police, to undertake and organize educational outreach initiatives to Village residents, particularly its youth regarding drug abuse, careers in law enforcement and as otherwise mutually agreed; and (iv) to assess the needs and priorities of the Police department and assist in the planning for the future law enforcement needs of the Village; and BE IT FURTHER RESOLVED, that Trustees of the Public Safety Committee shall be the Village Board's designated representative and official liaison to the Police/Community Advisory Committee. Moved: Trustee Capossela Seconded: Schroedel Vote: 6-0 �Meeting Date: Resolution #: 03/09/2010 03/40/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving the Sleepy Hollow St. Patrick's Parade BE IT RESOLVED that the Mayor and Board of Trustees hereby allows the Sleepy Hollow St. Patrick's Parade Committee, Inc. to hold its Annual St. Patrick's Parade on March 14, 2010 beginning at 1:00 p.m., said parade to last about two hours; and B E jj FURTHER RESOLVED that a green line and shamrocks may be painted along the parade route and the use of the parking lot at the end of Beekman Avenue for the parade bands and organizations may be used. Moved: Trustee Wompa Seconded: Trustee Stupe Vote: 6-0 �Meeting Date; Resolution #: 03/9/2010 03/41/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting a Proposal for a Survey Related to the Route 9 Streetscape Project WHEREAS, on January 22, 2010 the Village Engineer sent a Request for Proposal to surveyors for the Route 9 Streetscape Project (summary attached); and WHEREAS, Badey & Watson Surveying & Engineering, P.C. has been identified as submitting the lowest proposal for these services in the amount of $18,794.50; and WHEREAS, the Village Engineer has determined that this proposal is acceptable and has recommended its approval. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees accepts a proposal from Badey & Watson Surveying & Engineering, P.C. for a survey related to the Route 9 Streetscape Project in the amount of $18,794.50 and authorizes the Mayor to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Stupel Seconded: Trustee Campbel Vote: 6-0 �To : Anthony Giaccio Village Administrator From : James J. Harm, P.E. Town Consulting Engineer Dated : February 5,2010 Subject : Surveyor Recommendation Route 9 Sidewalk Project Village of Sleepy Hollow, NY On January 22, 2010, our office sent a Request for Proposal to surveyors for the above referenced project. The work consists of surveying the area along NYS. Route 9 (North Broadway), in the Village of Sleepy Hollow. The surveyor's names, addresses and bid amounts are as follows: SURVEYORS BID AMOUNT Badey & Watson Surveying & Engineering, P.C. 3063 Route 9 Cold Spring, NY 10516 $18,794.50 Thomas Merritts Land Surveyors 394 Bedford Road Pleasantville, NY 10570 $19,040.00 Chas. H. Sells, Inc. 555 Pleasantville Road, South Bldg. Briarcliff Manor, NY 10510 $23,200.00 Bunney Associates Land Surveyors 301 Fields Lane Brewster, NY 10509 $26,000.00 Page 1 of 2 E N V I R O N M E N T A L S T U D I E S ASCE AWWA A N D • C I V I L R E P O R T S E N G I N E E R I N G • NSPE D E S I G N WET �Anthony Giaccio Surveyor Recommendations Route 9 Sidewalk Project SURVEYORS BID AMOUNT Terry Bergendorff Collins 52 Starr Ridge Road Brewster, NY 10509 $26,515.00 The Munson Company, LLC Land Surveyors 9 North Goodwin Avenue Suite 1 EImsford,NY 10523 $31,800.00 Badey & Watson Surveying and Engineering, P.C. has successrally completed survey work on previous projects for us. Our office spoke to Glennon Watson L.S. or Badey & Watson, he confirmed they will be able to comply with all of the requirements of the Request for Proposal and their bid for this project includes the prevailing wage rates. Therefore, we recommend they be accepted as low bidder and have their work commence in order to expedite the project. If you have any questions or concerns regarding the above, please do not hesitate to contact me at ^OuTearHeX convenience. p:\vjllage of sleepy hoIlowVoute 9 sidewalk projeet\survey recommendation.doc Page 2 of 2 �Meeting Date: Resolution #; 03/09/2010 03/42/2010 WHEREAS, the Village participates in a twenty year retirement plan for its police officers in accordance with section 384-d of the Retirement and Social Security Law; and WHEREAS, under the Village's collective bargaining agreement with its PBA, all police officers are eligible for participation in the twenty year plan; and WHEREAS, the Village has been advised that certain police officers are currently enrolled in the twenty-five year plan rather than the twenty year plan; and WHEREAS, the Village wishes to ensure that all of its police officers are enrolled in the twenty year plan and has been advised by the Retirement System of the cost of transferring these officers to the twenty year plan. NOW, THEREFORE, BE IT RESOLVED, that the Village Clerk, with the assistance of the Village's Labor Counsel, are authorized to take such steps as are necessary to enroll all eligible Village police officers in the twenty year retirement plan. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �Meeting Date: Resolution #: 03/09/2010 03/43/2010 RESOLVED that fourteen (14) voting machines be used in the forthcoming Village Election on March 16, 2010. Moved: Trustee Campbell Seconded: Trustee Stupe! Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-03-09 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/140f44f2e03b86b68a58b087e27053d6.pdf df51a398b00566b8e00ec99fc5f252b8 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, March 16, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Kaxin T. Wompa David L. Schroedel Bruce R. Campbell Evelyn R. Stupel Barbara J. Carr Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Fred Gross, Assessor Sean McCarthy, Village Architect John Kapica, Police Chief Rich Gross, General Foreman Mayor Wray called the meeting to order at 7:00 p.m. COMMUNITY DEVELOPMENT BLOCK GRANTS - Grant Writer Fiona Hodgson updated the Board on various Community Development Block Grant projects including the DeVries Park Playground and Kendall Avenue Sidewalk Project. Ms. Hodgson requested approval for a topographical survey to be done for the DeVries Park Playground. The survey is necessary to complete a design for the project. ARCHIVES PROJECT Ms. Hodgson made a recommendation to hire New York State Industries for the Disabled to digitize building department files. The progect will be completely funded by an archives grant. p SPECIAL SESSION At 7:25 p.m., on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously, the Board moved into special session. �Motion was made by Trustee Campbell and seconded by Trustee Carr to approve a resolution awarding a contract to Tectonic of Mountainville, NY to complete a Topographical Survey for DeVries Park. The motion passed 7-0. Motion was made by Trustee Campbell and seconded by Trustee Schroedel to approve a resolution authorizing the execution of a contract with New York State Industries for the Disabled to digitize building department files. The motion passed 7-0. On a motion made by Trustee Campbell and seconded by Trustee Schroedel and carried unanimously, the Board moved out of special session DOUGLAS PARK PLAYGROUND ~ Friends of Douglas Park were in attendance to advocate for the natural playground at Douglas Park. Also in attendance were Ethan King and Ron King firom Natural Playgroxmds Inc., who made a presentation outlining their services. Mayor Wray requested that more options be explored before a fmal decision is made. GRIEVENACE RECOMENDATION - Village Assessor Fred Gross reviewed all of the grievances that the Village received and has made a recommendation the Board in preparation of the fmal assessment roll. APPOINT LEAD MECHANIC ™ The lead mechanic (garage) position was posted at the DPW and so far only Bob O'Connell has applied for the position. WEBSITE AGREEMENT ~ Trustee Campbell reported on a proposal made by the Turn Group for website services. Trustess Campbell strongly recommends approving their proposal. BUILDING CODE REVISION - The Board reviewed a draft of the illegal housing code revisions submitted by the Housing Committee. A Public Hearing has been set. AUTOMOBILE POLICY - The Board continued its discussion on amending the automobile policy. DOWNTOWN REVITALIZATION ~ Trustee Wompa requested funding for the Downtown Revitalization Corporation. The Village has allocated $20,000 for downtown improvements in the 2009/2010 budget p BARNHART PARK SIGNAGE - Trustee Wompa stated that better signage is needed at the Bamhart Park playground to prevent liability. EXECUTIVE SESSION At 10:00 p.m., on a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously, the Board moved into executive session to discuss legal matters. �At 10:29, on a motion made by Trustee Schroedel and seconded by Trustee Campbell and carried unanimously, the Board moved out of executive session. At 10:30 p.m. the meeting was adjourned. Respectfully submitted. AnthonyfGi accio Village Administrator �Resolution of the Board of Trustees of the Village of Sleepy Hollow Awarding Contract for a DeVries Park Topographical Survey WHEREAS, the Village of Sleepy Hollow has been awarded a Community Development Block grant in the amount of $248,000 to renovate DeVries Park for which a topographical survey is needed; and WHEREAS, in January 2010 the Board of Trustees authorized up to $7,500 in funding for such a topographical survey; and WHEREAS, a Request For Proposal process has been completed and Tectonic of Mountainville, NY submitted the most competitive proposal for a topographical survey of the portion of DeVries Park impacted by the grant project at a fee of $2,700. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to execute a topographical survey agreement with Tectonic for an amount not to exceed $2,700, BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the Intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Contract to Digitize Building Department Property Files WHEREAS, the vast majority of the property files for each Section/Block/Lot in the Village are currently in paper form; and WHEREAS, the Village of Sleepy Hollow wishes to digitize the documents most frequently used in the property files to improve access, enhance efficiency and expand risk management; and WHEREAS, the Village has been awarded a $34,487 grant by the New York State Archives to fund this project; and WHEREAS, the New York State Industries for the Disabled are a New York State preferred source vendor, and the Village is required to consider preferred sources for such an applicable procurement and to select the preferred source where no justification exists for not doing so; and WHEREAS, the New York State Industries for the Disabled submitted a satisfactory proposal which includes the ability to complete the project by June 30 as required by the granting agency and reference checking indicates a history of satisfactory performance. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to execute the digital scanning agreement with New York State Industries for the Disabled for an amount not to exceed $30,000. BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Wompa Seconded: Trustee Stupel Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-03-16(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/08da6f7c6e018d3452b59924eb884e5f.pdf 9824bdbd344b127a50e478178de35e20 PDF Text Text Meeting Date: 03/16/2010 Resolution #: 03/44/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Awarding Contract for a DeVries Park Topographical Survey WHEREAS, the Village of Sleepy Hollow has been awarded a Community Development Block grant in the amount of $248,000 to renovate DeVries Park for which a topographical survey is needed; and WHEREAS, in January 2010 the Board of Trustees authorized up to $7,500 in funding for such a topographical survey; and WHEREAS, a Request For Proposal process has been completed and Tectonic of Mountainviile, NY submitted the most competitive proposal for a topographical survey of the portion of DeVries Park impacted by the grant project at a fee of $2,700. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to execute a topographical survey agreement with Tectonic for an amount not to exceed $2,700. BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Seconded; Trustee Stupel Vote: 6-0 �Meeting Date; 03/16/2010 Resolution #: 03/45/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Contract to Digitize Building Department Property Files WHEREAS, the vast majority of the property files for each Section/Block/Lot in the Village are currently in paper form; and WHEREAS, the Village of Sleepy Hollow wishes to digitize the documents most frequently used in the property files to improve access, enhance efficiency and expand risk management; and WHEREAS, the Village has been awarded a $34,487 grant by the New York State Archives to fund this project; and WHEREAS, the New York State Industries for the Disabled are a New York State preferred source vendor, and the Village is required to consider preferred sources for such an applicable procurement and to select the preferred source where no justification exists for not doing so; and WHEREAS, the New York State Industries for the Disabled submitted a satisfactory proposal which includes the ability to complete the project by June 30 as required by the granting agency and reference checking indicates a history of satisfactory performance. NOW, THEREFORE, BE IT RESOIVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to execute the digital scanning agreement with New York State Industries for the Disabled for an amount not to exceed $30,000. BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Wompa Seconded; Trustee Stupe: Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-03-16 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/01e87203977e97500d7b278c1698f0f3.pdf 11369ebabb95568ef74069f3d205c14b PDF Text Text Whereas, tlie Board of Assessment Review convened on February 16, 2010 to review tax grievance complaints filed by the owners of approximately 103 properties located within the Village of Sleepy Hollow; and Whereas, the Board has reviewed the Memorandum from Village Assessor Fred Gross attached hereto and made a part of this record containing his recommendations with regard to each of the tax grievance complaints; Now, therefore, be it resolved the Board of Assessment Review hereby approves the grievances and reduces the assessments of those properties as recommended by the Assessor on the review sheet attached hereto; denies and/or dismisses the grievances of all other properties as recommended by the Assessor as contained in the review sheet attached hereto. Moved: Trustee Capossela Seconded: Trustee Stupel Vote: 6-0 �Resolution Promoting Police Officer Eldryk Ebei to Sergeant of Police WHEREAS, adequate supervision within any police agency is essential to its efficient operation; and WHEREAS/ the number of Patrol Sergeants in the Sleepy Hollow Police Department is presently not adequate to provide supervision across all scheduled tours of duty; and WHEREAS, in order to help address this deficiency, the Chief of Police has recommended that an additional Sergeant's position be created as soon as practicable; and WHEREAS, Police Officer Eldryk Ebe! has taken the competitive Civil Service examination for the position of Sergeant of Police and presently is first on the Civil Service List for the position; and WHEREAS, the Chief of Police has recommended that Police Officer Ebel be promoted to the rank of Sergeant of Police; and, WHEREAS, the Trustees that comprise the Public Safety Committee for the Village of Sleepy Hollow concur with the Chiefs recommendation; NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Sleepy Hollow hereby promotes Police Officer Eldryk Ebel to the rank of Sergeant of Police, from Civil Service Eligible List #73-414 and, said promotion to become effective Monday, March 29, 2010 at an annual salary of $100,897. Said appointment is subject to a probationary period of twelve (12) weeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee: Schroedel Seconded: Capossela Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Funding the Sleepy Hollow Downtown Revitalization Corporation WHEREAS, the Village of Sleepy Hollow strongly supports the efforts of the Sleepy Hollow Downtown Revitalization Corporation (SHDRC) program; and WHEREAS, the SHDRC has received two New York Main Street grants, totaling $385,000, $50,000 of which is for streetscape improvements to the downtown and $335,000 of which is to be granted to participating property owners on Beekman Avenue and Cortlandt Street for fagade renovations, and requires a dollar for dollar match from the property owners; and WHEREAS, the SHDRC has received a Quality Communities grant part of which is to be used for programming the downtown to draw consumers to Sleepy Hollow's main street; and WHEREAS, the Village of Sleepy Hollow allocated $20,000 of its 2009-2010 budget to support the downtown revitalization work of the SHDRC. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Board of Trustees herein authorize the $20,000 to be disbursed from the Village's budget to the Sleepy Hollow Downtown Revitalization Corporation. Moved: Trustee Wompa Seconded: Trustee Campbell Vote: 6-0 �WHEREAS, the position of Lead Mechanic (Garage) was duly posted for ten days in the office of the Department of Public Works. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby approve the Mayor's appointment of Robert O'Connell, from Peekskill, New York to the position of Lead Mechanic ~ Garage at an annual salary of $78,000.00 effective March 29, 2010. Said appointment is subject to a probationary period of twelve (12) to fifty-two weeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee Capossela Seconded: Trustee Shroedel Vote: 6-0 �Resofytlon Seeking Permission to Dispose of Unserviceable Computer Equipment WHEREAS, the Police Department lias accumulated an assortment of no longer serviceable computers, printers and monitors that are taking up valuable space within the Police Department and have no value; and WHEREAS, the Police Department seeks to appropriately dispose of this unusable equipment; and WHEREAS, because the storage media in the computers may hold proprietary data that must first be expunged and some parts of the machines themselves contain materials which may be carcinogenic, the Police Department has requested that Web Services Group, Inc., assist it with purging any stored data and appropriately disposing of the equipment; and WHEREAS, Web Services Group, Inc., has agreed to assist in the disposal of this equipment; NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Sleepy Hollow hereby grants permission to the Sleepy Hollow Police Department to dispose of the following listed equipment through Web Services Group, Inc., Brand Samsung IBM View Sonic Dell HP Dell IBM IBM Tym Monitor Monitor Monitor Monitor Printer Computer Computer Computer Moved: Trustee Campbell Model # DP17 6332 VG191B E1772P C6401A DMS 8147 8305 Seconded: Schroedel Serial # HCCN114530P 55BLP37 A0Z025110840 None MY9271BV0B GS1W751 KAZ621 KCBL4I\IA Vote: 6-0 �Whereas, the Board of Fire Wardens has referred for approval several actions taken by the Fire Wardens at a recent meeting; and Whereas, the Village Attorney, pursuant to the directive of the Board of Trustees, has reviewed the actions and found same to have met all legal requirements for such actions; Now, therefore, be it resolved the Board of Trustees hereby approves and confirms the following actions of the Fire Wardens: 1. Admission of Jason Duran to active membership, subject to the arson background check, customarily conducted by the Fire Department. 2. Resignation of Oscar Madinabeitia from active membership. 3. Removal of Mike Anzovino, Catherine Hopkins, Kyle Keegan and Ryan Murray from active membership for the non-payment of company dues, as required by Union Hose Fire Company pursuant to their duly enacted bylaws. 4. Removal of Pablo Quezada, John Patino and Juan Vallejo from active membership for not attending and completing the required Firefighter I course as required by the Sleepy Hollow Fire Department as a prerequisite for membership pursuant to Fire Department by-laws. Be it further resolved the Village Clerk is directed to have Jason Duran sign the oath of office required by the Village of Sleepy Hollow and provide a name, address and contact phone number to the Village Clerk., and Be it further resolved the Village Clerk is directed to forward a copy of this resolution to the Board of Fire Wardens. Moved: Trustee Wompa Seconded: Trustee Capossela Vote: 6-0 �ADOPT CODE REVISIONS L Be it enacted, the Board of Trustees hereby adopts Local Law No. 2 of 2010 amending Local Law No. 4 of 2007, Chapter 10 of the Village Code, entitled Administration and Enforcement of the New York State Uniform Fire Prevention and Buiiding Code. Said proposed Local Law 2 of 2010 is attached hereto and made a part of these minutes. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 6-0 2. Be it enacted, the Board of Trustees hereby adopts Local Law No. 3 of 2010 amending Local Law No. 1 of 2004, Chapter 19D of Village Code, entitled Department of Architecture, land Use Development, Buildings and Building Compliance, Said proposed Local Law 3 of 2010 is attached hereto and made a part of these minutes. Moved: Trustee Stupel Seconded: Trustee Carr Vote: 6-0 3. Be it enacted, the Board of Trustees hereby adopts Local Law No. 4 of 2010 amending Chapter 30A of the Village Code, entitled Housing Standards, Said proposed Local Law 4, 2010 is attached hereto and made a part of these minutes. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 6-0 4. Be it enacted, the Board of Trustees hereby adopts Local Law No. 5 of 2010, entitled Illegal Residential Occupancies and Overcrowding in Dwellings. Said proposed Local Law 5of 2010 is attached hereto and made a part of these minutes and shall added as Chapter 32 of the Village Code. Moved: Trustee Stupel Seconded: Trustee Campbell Vote 6-0 5. Be it enacted, the Board of Trustees hereby adopts Local Law No. 6 of 2010 amending the Zoning Code, Chapter 62 of the Village Code. Said proposed Local Law 6 of 2010 is attached hereto and made a part of these minutes. Moved: Trustee Stupel Seconded: Trustee Carr Vote: 6-0 �ORIGINAL CODE REVISION CHANGES PER VILLAGE BOARD. 10>3 F. Restrictions on Officers and Employees. No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department; nor shall he, during the term of his office or employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof with the Village of Sleepy Hollow, excepting only that this provision shall not prohibit any officer or employee from such activities in connection with the construction of a building or structure contemplated to be owned or is owned by him as his primary residence. 10-4 B. There shall be no fee for a Building Permit required for work in any of the following categories: (1) installation of swings and other playground equipment associated with a oneor two-family dwelling or multiple single-family dwellings (townhouses); (2) installation of portable, swimming pools associated with a one-or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designated for a water depth of less than 24 inches and are installed entirely above ground; (3) installation of movable cases less than 5'-9" in height; (4) painting, wallpapering, carpeting, or other similar finish work; (5) installation of listed portage electrical, plumbing, heating, ventilation or cooling equipment or appliances which does not require permanent utility connections; (6) repairs, with an estimated value not exceeding two thousand five hundred dollars ($2,500.00) provided that such repairs do not involve �(Complete the certification in tVie paragrapli that applies to the filing of this local law and strike out that which Is not applicable.) ''. (Final adoption by local legislative body only.) 2 hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Vjliage) of THE VILLAGE OF SLEEPY HOLLOW, NY 10591 BOARD OF TRUSTESS on MARCH, 23 (Name of Legislative Body) provisions of law. of 20 JO of ^vas duly passed by the in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Vjllage) of ^ was duly passed by the on 20 and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Villagej of of was duly passed by the on (Name of Legislative Body) (repassed after disapproval) by the 20 , and was (approved)( not approved) on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera!) (specia!)(annuai) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of (Name of Legislative Body) ^ of 20 ^ of was duly passed by the on (repassed after disapproval) by the 20 , and was (approved)(not approved) on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �5, (City local law concerning Charter revision proposed by petition.) i hereby certify that the loca! law annexed hereto, designated as iocai law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special){general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local was finally adopted in the manner indipateH in paragraph J , above. ClerfcoTthe county legfelative body, City, Town or officer designated by local legislative body fSea/) Date: ^ 2 - 0 Clerk^r 0 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF WESTCHESTER I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the iocal law annexed hereto. Signature Title County City^^ VILLAGE OF SLEEPY HOLLOW, NY Tov\m Village Date: AP^'^ 20, 2010 �Chapter 10 ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Local Law No. XX of 2010 amending Local Law No. 4 of 2007. Be it enacted by the Board of Trustees of the Village of Sleepy, in the County of Westchester, as follows: § 10-1. Purpose and Intent This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Village. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law. § 10-2. Definitions. In this local law: BUILDING PERMIT- shall mean a permit issued pursuant to section 4 of this local law. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law. CERTIFICATE OF OCCUPANCY / CERTIFICATE OF COMPLIANCE- shall mean a certificate issued pursuant to subdivision (B) of section 7 of this local law. BUILDING INSPECTOR- shall mean the Cede Building Inspector appointed pursuant to subdivision (B) of section 3 of this local law. CODE ENFORCEMENT PERSONNEL- shall include the Building Inspector and all Inspectors. COMPLIANCE ORDER- shall mean an order issued by the Building Inspector pursuant to subdivision (A) of section 15 of this local law. �ENERGY CODE- shall mean the State Energy Conservation Construction Code, as ciirrently in effect and as hereafter amended from time to time. • INSPECTOR- shall mean an inspector appointed pursuant to subdivision (D) of section 3 of this local law. OPERATING PERMIT-shall mean a permit issued pursuant to section 10 of this local law. The term "Operating Permit" shall also include an Operating Permit which is renewed^ amended or extended pursuant to any provision of this local law. PERMIT HOLDER- shall mean the Person to whom a Building Permit has been issued, PERSON-shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.. STOP WORK ORDER- shall mean an order issued pursuant to section 6 of this local law. TEMPORARY CERTIFICATE- shall mean a certificate issued pursuant to subdivision (D) of section 7 of this local law. UNIFORM CODE-shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. VILLAGE- shall mean the Village of Sleepy Hollow. § 10-3. Code Enforcement Officer Biiildmg lasgector and Inspectors. Officer Building Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement OUte^Building Inspector shall have the following powers and duties: (1) (2) (3) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications; u|)on approval of such applications, to issue Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate; to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy / Certificates of Compliance, �Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all otlier inspections required or permitted under any provision of this local law; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (A) of section 15 (Violations) of this local law; (7) to maintain records; (8) to collect fees as set by the Board of Trustees of this Village; (9) to pursue administrative enforcement actions and proceedings; (10) in consultation with this Village's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (11) to exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this local law. Building Inspector shall be appointed by Mayor of this Village. The Code Enforcement Officer Building Inspector shall be a registered architect or licensed professional engineer of the State of New York or' a builder with at least 10 years recent ghall poGsesB background experience related to building construction and fire prevention, and The Building Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. C. In the event that the Code Enforcement Officer Building Inspector is unable to serve as such for any reason, an individual shall be appointed by Mayor of this Village to serve as Acting Cede^nforcement Office-f-Building Inspector. The Acting Code Enforcement Officer Building Inspector shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer Building Inspector by this local law. In no event shall said appointment be longer than six (6) month. D. One or more Inspectors may be appointed to act under the supervision and direction of the Code Enforcement Officer Building Inspector and to assist the Code Enforcement Officer Building Inspector in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer Building Inspector by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire �Administrator pursuant to the Executive Law and the regulations promulgated thereunder. E. The compensation for the Code Enforcement OffiC(^ Building Inspector and Inspectors shall be fixed from time to time by the Board of Trustees of this Village. § 10-4. Building Permits. A. Building Permits Required. Except as otherwise provided in subdivision (B) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required vwthout first having obtained a Building Permit from the Cede Enforcement Officer Building Inspector. B. Exemptions. No Building Permit shall be required for work in any of the following categories: (1) (2) (3) (4) (5) (6) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); installation of portable, swimming pools associated v^dth a one- or twofamily dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; installation of movable cases less than 5'-9" in height; painting, wallpapering, carpeting, or other similar finish work; installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances which does not require permanent utility comiections; repairs, with an estimated value not exceeding five hundred one two thousand-five hundred dollars ($^Q02>500.) provided that such repairs do not involve (a) the removal or cutting away of a load bearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (b) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) the enlargement, alteration, replacement or relocation of any building system; or (d) the removal from service of all or part of a fire protection system for any period of time. �C. Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (B) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. D. Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer Building Inspector. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer Building Inspector deems sufficient to permit a detennination by the Code Enforccmc-Bl Office? Building Inspector that the intended work complies with all applicable requirements of the Code of the Village of Sleepy Hollow, the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) (2) a description of the proposed work; the tax map number and the street address of the premises where the work is to be performed; (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (5) at least 3 sets of construction documents (drawings and/or specifications) which (a) define the scope of the proposed work; (b) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (c) indicate with sufficient clarity and detail the nature and extent of the work proposed; (d) substantiate that the proposed work will comply with the Code of the Village of Sleepy Hollow, tlie Uniform Code and the Energy Code; and (e) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines, (6) the application for the building pemiit shall set forth in detail the estimated cost of the project. "Estimated cosf shall mean the reasonable market value of all labor, materials, equipment and professional services entering into and necessary for the completion of the proposed project including all property ^ improvements, except the cost of the land. Where, in the opinion of the Building Inspector, the estimated cost of construction as shown on the building pemit does not reflect the actual constmction costs. The Building Inspector may require the applicant to submit a notarized affidavit of tlie final cost of construction, and pay the difference in the amount of the building permit fee. �F. Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (D) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer Building Inspector Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. G. Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer Building Inspector shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. H. Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. I. Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Ce^Enforcemen^^Meef Building Inspector of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Offic(a= Building Inspector determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. J. Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer Building Inspector. K. Revocation or suspension of Building Permits. If the Code Enforcement Officer Building Inspector determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued materially differs from the approved Permit, or if tlie �work violates the Village Code. Uniform Code or the Energy Code, the Cede Enforcement Officer Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) (2) (3) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. tlie Building hispector may in his discretion, before issuing a new building permit, require the applicant to file an indemnity bond in favor of the village, with sufficient surety conditioned for compliance with this ordinance and all laws and ordinances then in force and in a sum to cover the cost of removing the structure if it does not so comply. L. Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Pemiit, for an amended Building Pennit, or for renewal of a Building Permit § 10-5. Construction Inspections. A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforce-ment Officer Building Inspector or by an Inspector authorized by the Building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in subdivision (B) of this section is ready for inspection. B. Elements of work to be inspected. The following elements of the construction process shall be inspected made, where applicable: p (1) (2) (3) (4) (5) (6)p work site prior to the issuance of a Building Permit; footing foundation walls; water proofing, drainage, backfilling; preparation for concrete slab; framing; (7) (8) (9) (10) (11) (12) insulation; building systems, including underground and rough-in; fire resistant construction; fire resistaat penetrations; solid fuel burning heating appliances, chimneys, flues or gas vents; Energy Code comphance; and �(13) a final inspection after all work authorized by the Building Permit has been completed. C. Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. D. Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section. §10-6. Stop Work Orders. A. Authority to issue. The Code Enforcement Officer Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Ged© Building Inspector shall issue a Stop Work Order to halt; (1) (2) (3) any work that is determined by the Code Enforcement Officer Building Inspector to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or any work that is being conducted in a dangerous or unsafe manner in the opinion of the Cede Enforcement Officer Building Inspector, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Pemait that has become invalid, has expired, or has been suspended or revoked. B. Content of Stop Work Orders. Stop Work Orders shall (1) (2) (3) (4) be in writing, P be dated and signed by the Code Enforcement Officer Building Inspector, state the reason or reasons for issuance, and if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. Service of Stop Work Orders. The Code Enforcement Officer Building Inspector shall cause the Stop Work Order, or a copy thereof, to be served on the owner of �the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail The Code Enforcement Officer Building Inspector shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. D. Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. B. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (A) of tliis section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. § 10-7. Certificates of Occupancy/ Certificates of Compliance. A. Certificates of Occupancy / Certificates of Compliance required. (1) A Certificate of Occupancy / Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy / Certificate of Compliance. B. Issuance of Certificates of Occupancy / Certificates of Compliance. The Cod© Enforc(^nent Officer Building Inspector shall issue a Certificate of Occupancy / Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer Building Inspector or an Inspector authorized by the Code Enforcement Officer Building Inspector shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy / Certificate of Compliance. In addition, where �applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer Building Inspector, at the expense of the applicant for the Certificate of Occupancy / Certificate of Compliance, shall be provided to the Code Enforcement Officef Building Inspector prior to the issuance of the Certificate of Occupancy / Certificate of Compliance: (1) (2) (3) (4) ( a written statement of structural observations and/or a final report of special inspectionsy-a^id; flood hazard certificationsT; as-built plans; and as-built sui'vey. ,, C. Contents of Certificates of Occupancy / Certificates of Compliance. A Certificate of Occupancy / Certificate of Compliance shall contain the following information: (1) (2) (3) (4) the Building Permit number, if any; the date of issuance of the Building Permit, if any; the name, address and tax map number of the property; if the Certificate of Occupancy / Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy / Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure, if any; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Code-Enforcement Office Building Inspector issuing the Certificate of Occupancy / Certificate of Compliance and the date of issuance. / ^ D. Temporary Certificate. The Code Enforcement Office-F Building Inspector shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the-Gede Inspector issue a Temporary Certificate unless the Inspector determines (1) (2) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and v �(3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer Building Inspector may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer Building Inspector and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. E. Revocation or suspension of certificates. If the Code Enforcement Officer Building Inspector determines that a Certificate of Occupancy / Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer Building Inspector within such period of time as shall be specified by the Code Enforcement Office? Building Inspector, the Code Enforcement Officer Building Inspector shall revoke or suspend such certificate. F. F ^ . The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy / Certificate of Compliance or for Temporary Certificate. § 10-8. Notification regarding fire or explosion. The chief of any fire department providing fire fighting services for a property witWn this Village shall promptly notify the Code EnforceaeBt: Officer Building Inspector of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. § 10-9. Unsafe Building and structures. Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Local Law Number 1 of 1986, as now in effect or as hereafter amended from time to time. p p §1040. Operating Permits. A. Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings Hsted below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding tliose listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or �(2) (3) (4) (5) 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1; hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; use of pyrotechnic devices in assembly occupancies; buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of this Village. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (A) shall be required to obtain an Operating Permit prior to commencing such activity or operation. B. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the G&4e Enforcement Officer Buildins: Inspector. Such application shall include such information as the €ede Enforcement Officer Building Inspector deems sufficient to permit a determination by the Code Enforcement Officer Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer Building Inspector determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Cede Enforcement Offic(^ Building Inspector, at the expense of the applicant, C. Inspections. The Code Enforcement Officer Building Inspector or an Inspector authorized by the Code Enforcement Offic-^ Building Inspector shall inspect the subject premises prior to the issuance of an Operating Permit. D. Multiple Activities. In any circumstance in which more than one activity listed in subdivision (A) of this section is to be conducted at a location, the Cede Enforcement Officer Building Inspector may require a separate Operating Permit for each such activity, or the Code Enforcement Officer Building Inspector may, in his or her discretion, issue a single Operating Permit to apply to all such activities. p p E. Duration of Operating Permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement O f f i c e Building Inspector to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Pemiit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer Building Inspector, �payment of the applicable fee, and approval of such application by the €©de Enforcement Officer Building Inspector. F. Revocation or suspension of Operating Permits. If the Code Enforcement Officer Building Inspector determines that any activity or building for which an Operating Pennit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. G. F ^ . The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. § 10-11. Fire safety and property maintenance inspections. A. Inspections required. Fire safety and propeity maintenance inspections of buildings and structures shall be performed by the Building Inspector or an Inspector designated by the Building Inspector at the following inten'^als: (1) (2) (3) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months. Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all nonresidential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every (36) months, B. Inspections permitted. In addition to the inspections required by subdivision (A) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer Building Inspector or an Inspector designated by the Cede-^forcement Officer Building Inspector at any time upon: ^ (1) (2) (3) t&e request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer Building Inspector of any other information, reasonably believed by the Code Enforcement Officer to be �reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. C. OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807~b. D. Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. § 10-12. Complamts. The Cede Enforcement Offico? Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law. The Code of the Village of Sleepy Hollow, or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Oiiieer Building Inspector may deem to be appropriate: A. performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; B. if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law; C. if appropriate, issuing a Stop Work Order; ^D. if a violatiorf which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. �§ 10-13. Record keeping. A. The Code Enforcement OfficeF Building Inspector shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) (2) (3) (4) (5) (6) (7) (8) (9) all applications received, reviewed and approved or denied; all plans, specifications and construction documents approved; all Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; all inspections and tests performed; ail statements and reports issued; all complaints received; all investigations conducted; all other featxires and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and all fees charged and collected. B. Ail such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. § 10-14. Program review and reporting. A. The Code Enforcement Officer Building Inspector shall annually submit to The Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer Building Inspector and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded. B. The Code Enforcemmt Officer Building Inspector shall annually submit to the Secretary of State, on behalf of this Village, on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code. P <5 C. The Code Enforcement Officer Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Village in connection with administration and enforcement of the Uniform Code. �§ 10-15. Violations. A. Compliance Orders. The Code Enforcement Officer Building Inspector is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer Building Inspector shall issue a Compliance Order. The Compliance Order shall (1) (2) (3) (4) (5) (6) (7) be in writing; be dated and signed by the Code Enforcement Officer Building Inspector: specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; specify the period of time which the Code Enforcement Office Building Inspector deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Cede Enforcement OfFice^Building Inspector shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail The Code Enforcement Officer Building Inspector shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. B. Appearance Tickets. The Code Enforcement Office Building Inspector and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. Every appearance ticket that is issued, pursuant to the provisions of tliis chapter, shall include the following: (1) (2) (3) (4) (5) 16) The name and address of the partyfs) to whom the ticket is issued, when known: citation ot laws(s) and the appropriate section(s) allegedly violated: the place and date of the alleged violationrsV, the place, date and tune that the partv(s) is fare) required to appear in court: the date of issuance of the appearance ticketfs): the titlte and signature of the issuing officerfs). �C. Civil Penalties. Iii addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy / Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Office Building Inspector pursuant to any provision of this local law, shall be liable to a civil penalty of not more less than $300 250 nor more than $KQOO for each day or part thereof during which such violation continues; or imprisonment not exceeding one year, or both. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of this Village. In addition to the fine, the Couit may impose a one-year conditional discharge requiring the defendant to pennit access to the Depaitment to reinspect the premises from time to time during the period of the conditional discharge. D. Injunctive Relief. An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy / Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued t>y the Cede Enforcement Officer Building Inspector pursuant to aay provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of this Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Mayor of this Village. E. Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. Any p remedy qr penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 381 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to. �simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 381 of the Executive Law. Recording Violation Notice. Whenever a notice or order has been issued for any injfraction of this chapter, the Building Department shall keep on file a copy of such notice or order in the Building Department. This recording shall constitute notice of such violation, infi^action or order to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby. Whenever a notice or order has been issued for any infraction of this chapter, the Building Department shall forward a copy of such notice or order to the lender or mortgagee of the propeity. if identity of same is known to the Building Department. G. Transfer of Ownership. No owner of any dwelling, dwelling unit or other premises, upon which any notice or order pursuant to this local law has been served, shall sell, transfer, grant, mortgage, lease or otherwise dispose of such property to another until compliance of the provisions of such notice or order has been secured: and fines, if any, have been paid in full, or until such owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale, transfer, grant, mortgage or lease a true copy of such notice or order and, at the same time, give adequate notification to the Building Department of his intent to sell, transfer, grant, mortgage or lease, and supply to the chief officer in writing, the name and address of such person, persons, or firm to whom the sale. • transfer, grant, mortgage, or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee, who has been informed of the existence of any notice or order issued pursuant to this local law, shall be bound thereby. G. Expenses. The expenses incun-ed pui'suant to this Chapter shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other violation. The Building Department shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized above. The Village Attorney may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, notliing herein shall be construed as placing a lien upon the propeity which has priority over the lien of any recorded mortgage or lien on such property executed and recorded prior to the existence of a lien herein authorized. § iO-16. Fees. A fee schedule shall be established by resolution of the Board of Trustees of this Village. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications. �the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of occupancy / Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer Building Inspector described in or contemplated by this local law. § 10-17. Intermunidpal agreements. The Board of Trustees of this Village may, by resolution, authorize the Mayor of this Village to enter into an agreement, in the name of this Village, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. § 10-18. Partial invalidity. If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law. § 1049. Effective date. This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. ��NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include nnatter being eliminated and do not use italics or underlining to indicate new matter. • County • City ^^ • Town m Village VILLAGE OF SLEEPY HOLLOW, NY Local Law No. of the year 20 15 A local law " CHAPTER 19 - DEPARTMENT OF ARCHITECTURE, LAND USE DEVELOPMENT, (Insert me) BUILDINGS AND BUILDING COMPLIANCE. Be It enacted by the BOARD OF TRUSTEES ^^a^g ofLegi^atwe Body} • County Q City ^^ VILLAGE OF SLEEPY HOLLOW. NY ^^^^^ " ~~~ ^^ follows: • Town m Village SEE ATTACHED AMENDMENT (If additional space is needed, attach pages the same size as this sheet, and number each.) �(Complete the certification In the paragraph that applies to the filing of this local law and strike out that which Is not applicable.) 1. {Final adoption by local legislative body only.) ^ I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Vi!lage) of village of Sleepy Hollow NY 10591 Board of Trustees on March 23 20 (Name of Legislative Body) provisions of law. of 20 JL2 of vvas ^yiy passed by the in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County){City)(Town){Village) of was duly passed by the on 20 .andwas{approved)(notapproved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 ^ in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the of was duly passed by the on 20 , and was (approved)( not approved) on • 20 (Elective Chief Executive Officer") Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of (Name of Legislative Body) of was duly passed by the on (repassed after disapproval) by the 20 , and was (approved)(not approved) on 20 Such local (Elective Chief Executive OWcer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairpereon of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section {36)(37) of 'he Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .lereon at the {speclal)(generai) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file In this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopjted in the manner indicatedjn paragraph J , above. X C Z ^ Clerk of Wcounty l^islative<fcody. City, Town officer designated by local legislative body (Seal) oF Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK '^OUNTYOF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City^^ Village of Sleepy Hollow Town Village APRIL 20, 2010 �Chapter 19D DEPARTMENT OF ARCHITECTURE, LAND USE DEVELOPMENT, BUILDINGS AND BUILDING COMPLIANCE Local Law No. XX 2010 amending Local Law No. 1 of 2004 Be it enacted by the Board of Trustees of the Village of Sleepy Hollow, in the County of Westchester^ as follows; § 19D-1. Title. This chapter is to be known and cited as the "Department of Architecture, Land Use Development, Building and Building Compliance" of the Village of Sleepy Hollow, § 19D-2. Definitions. VILLAGE ARCHITECT- An architect licensed in the State of New York, hired 4 M ^ an employee consulting capacity^ by the Village of Sleepy Hollow and serving as the department head of the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village of Sleepy Hollow. BUILDING INSPECTOR- The Building Inspector of the Village of Sleepy Hollow, Westchester County, New York. DEPARTMENT OF ARCHITECTURE, LAND USE DEVELOPMENT, BUILDINGS AND BUILDING COMPLIANCE- The Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village of Sleepy Hollow. FIRE INSPECTOR- The Village Fire Inspector of the Village of Sleepy Hollow. VILLAGE OF SLEEPY HOLLOW- The Village of Sleepy Hollow, Westchester County, New York. VILLAGE ADMINISTRATOR- The Village Administrator of the Village of Sleepy Hollow, Westchester County, New York. VILLAGE BOARD- The Village Board of Trustees of the Village of Sleepy Hollow, Westchester County, New York. VILLAGE CLERK- The Village Clerk of the Village of Sleepy Hollow, Westchester County, New York. / �§ 19D-3. Establishment There is hereby created and established the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village, hereinafter referred to as the "Department of Architecture, Land Use Development, Buildings and Building Compliance" as a separate department of the Village. This Department shall provide for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, material, construction, alteration, repair, equipment, maintenance, use, occupancy, fire safety, removal and demolition of buildings and structures and their appurtenances located in the Village. § 19D-4. Position of Village Architect Established. There is hereby created the position of Village Architect. The Architect shall serve as the Director in charge of the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village. ^ The Village Architect shall have primary responsibility for the administration and enforcement of the provisions of this Code and shall supervise the persomiel assigned to and the activities of the Building Department, and shall further supervise the activities of the Building Inspection and Building Compliance Divisions. Wherever in this Code, authority is vested in the Building Inspector or Building Compliance Officer to enforce any provisions of this Code, or the New York State Uniform Fire Prevention and Bmlding Code, such authority shall also be vested in the Village Architect § 19D-5. Village Fire Inspector. The Village Fire Inspector shall be the Village Architect and may be referred to by either title. The duties of the Village Fire Inspector may be delegated as necessary, &om time to time, by the Village Architect or the Village Board consistence with applicable law. § 19D-6. Term of Employment, Village Architect The Village Architect shall be employed as may be offered, from time to time, by the Village Board. on such terms and conditions § 19D-7. Duties of the Village Architect A. The Village Architect shall be the principal executive in charge and the administrator of the Department of Architecture, Land Use Development, Buildings and Building Compliance. �B. The Village Architect shall, under the general direction of the Village Administrator, be responsible for the overall coordination of the Village's review and oversight of site planning and development projects. C. The Village Architect shall coordinate the planning and review of building and construction projects of the Village from inception to completion. D. The Village Architect shall oversee building and renovation plan review for compliance with all state and local codes. E. The Village Architect shall assist in the enforcement of the Code of the Village of Sleepy Hollow and the"Uniform New York State Uniform Fire Prevention arid Building Code" laws and regulations, as amended from time to time. F. The Village Architect shall act as liaison between the Architectural Board of Review, Plannuig Board, Waterfront Advisory Committee and Zoning Board of Appeals, and development projects before the Village Board. G. The Village Architect shall oversee and assist in the inspection of the construction and repair of buildings and structures and ail related tasks, other than those specifically exempted by local buildmg, zoning, plumbing and electrical ordinances, and the mMultiple rResidence ILaw. H. The Village Architect shall oversee and assist in the investigation of complaints and assist in the prosecution of violations of the Code of the Village of Sleepy Hollow and the New York State Uniform Fire Prevention and Building Code, and zoning and plumbing L The Village Architect shall check permit applications for compliance with zoning ordinances including, but not" limited to, size requirements for land, size restrictions for �signs and buildings, and the necessity for variances. J. The Village Architect shall maintain all Department records, including all acts and decisions. K. The Village Architect shall prepare periodic reports of departmental activity for presentation to the Village Board. L. The Village Architect shall have all the powers and duties of the Buildii assume the duties, from time to time, of Building Inspector and Building Compliance Officer. § 19D-8. Compensation of Village Architect aMd insTPectors. Compensation for the Village Architect and inspectors shall be fixed from time to time by the Boai'd of Trustees or as prescribed by law. �§ 19D-9. Divisions; Office Administration. There shall be within the Department of Architecture, Land Use Development, buildings and Building Compliance, the following divisions: A. Fire Safety Division. The Fire Safety Division shall be responsible for the enforcement of all laws and ordinances covering the prevention of fire; the storage and use of explosives and inflammables; the installation and maintenance of automatic and other private fire alarm systems and fire extinguishing equipment; the maintenance and regulation of fire escapes; the means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, and all other places in which numbers of people are employed, live or congregate from time to time, for any purpose; the investigation of the cause, origin and circumstances of fires. In these endeavors, the Fire Inspector may employ as necessary the advice and assistance of the Fire Department of the Village. B. Building Inspection Division. The Building Inspection Division shall be responsible for the enforcement of the New York State Building Code; the Zoning Code of the Village and the local laws and ordinances of the Village. The Building Inspection Division shall also include other functions incidental to the Building Department, including, but not limited to, Plumbing Inspector, Electrical Inspector and Sanitation Inspector. C. Building Compliance Division. The Building Compliance Division shall be responsible for the enforcement of local laws and ordinances of the Village. § 19D-10. Absence or Inability of Village Architect. In the absence or inability of the Village Architect to perform his duties, the Village Board may designate a person to fill the position of the Village Architect for the period of absence or inability to serve. In a case of emergency, the position may be filled by the Village Administrator with the advice and consent of the Mayor of the Village of Sleepy Hollow. In no event shall said designation be longer than six (6) months. § 19D-11. Appointment of Employees. All employees of the Department of Architecture, Land Use, Buildings and Building Compliance shall be appointed by the Mayor with the concurrence of the Village Board and shall hold their position at the pleasure of the Village Board, provided, however, that any employee in a classified civil service position may be appointed and/or removed only in accordance with applicable civil service law and /of the terms of an applicable collective bargaining agreement, if any. "Employee" as used here shall not include the Village Architect. �§ X9D-12. Transfer of Employees^ The Mayor, with concurrence of the Village Board, may transfer any employee of the Department herein, from one division or office thereof to another division or office thereof, and such transfer may be on either a temporary or a permanent basis, provided, however, that the salary of such employee shall be reduced only in conjunction with any diminution of job responsibilities, and only in accordance with applicable civil service law and / or the terms of an applicable collective bargaining agreement, if any. In the event of an emergency designated as such by the Village Administrator, an employee may be transferred to a higher pay scale for the period of the emergency and paid at the classification for the higher pay scale. § 19D-13. Powers of Village Architect; Employees. Nothing contained herein shall vest in the Village Architect the right to discipline employees. The right to discipline any employee is vested in the Mayor and the Village Board, in their sole discretion. The Village Architect may recommend to the Mayor and Village Board, from time to time, as he believes will best assist in the administration of his Department, the discipline of any employee subject to applicable civil service law and/or the tems of an applicable collective bargaining agreement, if any. At all times, the Village Architect will assist the Mayor and the Board of Trustees, as they may need, in the discipline of Department employees. § 19D-14. Existing Departments, Districts, Employees. All property, equipment and budgetary appropriations of, or for, the Department of Fire and Life Safety are hereby transferred to the Department of Architecture, Land Use, Buildings and Building Compliance. The employees of the Department of Fire and Life Safety shall be continued as employees of the Department of Architecture, Land Use, Buildings and Building Compliance with the same classification, salary, benefits, pensions and retirement rights and privileges as tliey had immediately prior to such transfer, except to the extent their duties and responsibilities are otherwise reduced, provided, however, that nothing herein contained shall be constmed to deprive the Village Board of any power it now has> or may have under this chapter or otherwise, with respect to the hiring, firing, disciplining and fixing of salaries of such employees. § 19D--15. Laws modified or superceded. This local law shall modify and supercede Chapter 19D "Fire and Life Safety, Department o f of the Village Code of Sleepy Hollow, previously adopted as Local Law 2-2000 on June 13, 2000. All ordinances, local laws or resolutions or parts of ordinances, local laws or resolutions of the Village of Sleepy Hollow inconsistent with the provisions of this local law are hereby repealed, provided, however, that such repeal shall relate solely to the extent of such inconsistency and that in all respects this local law shall be in addition to other legislation regulating and governing the subject matter covered by this local law. �§ 19D-16. Severability. If any provision of this local law or application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this local law or the application thereof to other persons and circumstances. § 19D-17. When effective. This local law shall take effect in the time provided for by law. �NEW YORK STATE DEPARTMENT OF STATE Local Law Filing {Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not Include matter being eliminated and do not use italics or underlining to indicate new matter. • • County City ^^ VILLAGE OF SLEEPY HOLLOW, NY • Town m Village ~~ Local Law No. A local law i of the year 20 CHAPTER 30 A - HOUSING STANDARDS (Insert Title) Beitenactedbythe BOARD OF TRUSTEES- of the (Name of Legislative Body} • • County City ^^ • D Town Village V I L U G E OF SLEEPY HOLLOW, NY a s fnllnwsr SEE ATTACHED AMENDMENT (If additional space Is needed, attach pages the same size as this sheet, and number each.) �(Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. {Final adoption by local legislative body only.) ^ i\ I hereby certify that the local law annexed hereto, designated as local law No. ^ ^ the (CQunty)(City){Town)(Village) of viiiage of Sleepy Hollow NY 10591 Board of Trustees on March 23 90 l ? (Name of Legislative Body) provisions of law. of 20 J® of was duly passed by the in accordance with the applicable (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 in accordance w Ith the applicable provisions of law. 2. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(Clty)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the of was duly passed by the on 20 .and was {approved)( not approved) on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera!) (specia!)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Viltage) of (Name of Legislative Body) of was duly passed by the on (repassed after disapproval) by the 20 , and v^^as (approved)(not approved) on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * , In accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairpei^on of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the loca! iaw annexed hereto, designated as locai law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of "he Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .lereon at the (specia!)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter,) I hereby certify that the local law annexed hereto, designated as local law No ' of 20 of the County of State of New York, having been submitted to the electors at the General Election of 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having November received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) } further certify that I have compared the preceding local iaw with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local was finally adopted in the manner indicated in paragraph J above. Clerk of the county iegisiatiVe body, City Town or Village Cierk or officer designated by local legislative body (Seal) Date: H ^ ^ ^ ^ ^ ^ ^ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK ^OUNTYOF 1, the undersigned, hereby certify that the foregoing loca! iaw contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County Clty^^ Village of Sleepy Hollow Town Village Date: APRIL 20, 2010 �Chapter 30A HOUSING STANDARDS § 30A-15. Admmistration and enforcemeEt of provisioas. A. The Departmeat of Architecture, Land Use Development. Buildings and Building Compliance of the Village of North Tarn1:ov\TL Sleepy Hollow, by its chief executive, is hereby designated responsible for administering and enforcing the provisions of this chapter. Such department or agency is hereinafter referred to as "the Department." B. Within the Department, the chief investigative officer for the purpose of administering this chapter shall be referred to as "the Building Inspector" and shall be under the direction and supervision of the chief executive officer and the Building Inspector of the Village of North Tarrytown. C. The chief executive officer may also delegate, hire or contract with any person, form or body to supplement or assist the Building Inspector, subject, however, to the approval of the local governing board. § 30A-16. Personnel. A. Persormel qualifications. Personnel of this Department shall be qualified and appointed as prescribed by local law and may be furnished with appropriate official badges, identification cards, or both. B. Administrative liability. Any personnel of this Department shall be free from personal liability for acts done in good faith in the performance of official duties. Further, personnel shall not be held liable for any costs in any action, suit or proceeding that may be instituted by such person on the enforcement of this chapter, In any of these actions, the personnel shall be defended or represented by the Municipal Attorney, until the final termination of the proceedings. § 30A-17. Rules and regulations. The Department is empowered to adopt, revise, amend and enforce rules and regulations necessary for securing compli^ce with this chapter, and for its q,wn organization and internal management, such rules and regulations shall not be in conflict with this chapter or with any provision of law. § 30A-18. Official records. An official record shall be dept of all activities of the Department specified in the provisions of this chapter, and all such records shall be available for public inspection at �appropriate times and under reasonable regulations established by the Building Inspector to maintain the security and integrity of such records. § 30A-19. Duties of Department. It shall be the duty of the Department to: A. Suggest amendments to this chapter as axe necessary to bring it up-to-date, when local needs dictate. B. Cause inspections to be made of premises within the scope of this chapter. C. Cause an investigation of complaints of alleged violations of this chapter. D. Develop a system of records, inspection forms, form letters and controls for properly carrying out departmental activities, E. Issue written orders for the elimination of conditions in violation of this chapter, and, where appropriate, order the cessation of an unlawful use or nuisance or the vacation, demolition or repair of premises found dangerous or unsafe, and to state in the violation order a reasonable time limit for compliance herewith and the time within which an appeal may be made. F. Initiate techniques that will encourage and assist owners to voluntarily bring their property up to the standards of this chapter. G. Request the Municipal Attorney to take appropriate legal action upon failure to comply with a violation notice or notices, H. Require independent inspections and tests of equipment and systems used in connection with premises. I. Cooperate with other public and private agencies engaged in the study and improvement of housing and environmental conditions. J. Carry out any additional activities necessary to administer and achieve compliance with this chapter. § 30A"20» Registration pf ownership of multiple dw^eilings. Every owner of a multiple dwelling shall file with the Department the following current information: A. The name, address and telephone number of the owner. �B. The corporate name and names, titles, addresses and telephone numbers of the responsible officers of the corporation if the building is owned by a corporation. C. The name, address and telephone number of a local responsible person over twentyone (21) years old, residing or doing business in the municipality, who shall be responsible for the care and management of such dwelling and is authorized to accept legal process on behalf of the owner when the owner lives or is out of the municipality limits. D. The name, address and telephone number of the new owner within forty-eight (48) hours after having sold or otherwise disposed of ownership in said dwelling. E. Any other changes applicable to owner registration. § 30A~21. Name of owner and agent to be posted. Every owner of a multiple dwelling shall post, in a conspicuous place in such dwelling, the name, address and telephone number of a local responsible person over twenty-one (21) years old residing in or doing business in the municipality, who shall be responsible for the care and management of such dwelling when the owner lives or is out of the municipal limits. Except when it is necessary to replace this information, no person shall remove, mutilate, destroy or obliterate any such sign or the lettering thereon. §30A-22. Inspection; re-inspection. The Department is authorized to develop, adopt and carry out plans for the inspection and re-inspection of all premises in order to safeguard the safety, health and welfare of the public, subject to the provisions of this chapter. § 30A-23. Right of entry. The Building Inspector and the assistant building inspectors shall be authorized to enter any structure or premises at any reasonable time, upon display of proper identification, for the purpose of making inspections under this chapter. A. If admission is refused or caimot be obtained from the owner, occupant or operator of a residential structure, the Building Inspector and the assistant building inspectors shall be authorized to obtain a search warrant to make an inspection provided that reasonable or probable cause is s|iown. B. In case of an emergency, the Building Inspector and the assistant building inspectors may, without a search warrant, enter any premises or parts of premises to inspect at any time, without the permission of the owner, occupant or operator. § 30A-24. Access by owner or operator. �Every occupant of a residential structure or premises shall give the owner or operator thereof or his agent or employee access to any part of such structure or its premises at reasonable times and in emergencies at any time for the piirpose of making necessary inspections, repairs or alterations as to comply with the provisions of this chapter. § 30A-25. Violations; classification. At Whenever the Department fmds that there has been a violation of any provisions of this chapter or of any rule or regulation adopted pursuant thereto, the following procedures Department shall be available: A^ Issue a violation notice to the person or persons responsible. The Department shall also issue a violation notice to the person or persons responsible for failure to register the ownership of the premises, for furnishing of a false statement or for interference with the inspector authorized to enter the premises, or when a structure or premises is found to be dangerous or unsafe. Once a violation is issued, it may be classified as either nonhazardous or hazardous and be given specific time for correction based on the classification of the violation. B. Issue an Appearance Ticket. The Building Inspector and each Inspector are authorized to issue appearance tickets for any violation of tliis Code. Every appearance ticket that is issued, pui'suant to the provisions of this chapter, shall include the following: (1) (2) (3) (4) (5) (6) § 30A-26. The name and address of the partyfs) to whom the ticket is issued, when known. The appropriate sectionfs) allegedly violated. The place and date of the alleged violationrs). The place, date and time that the party(s) is (are) required to appear in court. The date of issuance of the appearance ticketfs). The title and signature of the issuing officerfs). Notice of violation. Such notice shall be in writing and shall: A. Identify the premises. B. Specify the chapter violation and may specify remedial action to be taken. C. Provide a time limit for compliance of no less than fifteen (15) days from the date of the mailing of the notice in the case of nonhazardous violations. D. State the time within which an appeal may be made. E. If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include a statement that if the violation is not remedied within the time limit �specified in the notice, the Department may remedy the violation pursuant to -§•§ 30A33 and 30A~34. § 30A-27. Service of notice. Notice of violation shall be served as follows: A. By personal service; B. By registered or certified mail to the person whose name and address has been filed with this Department in accordance with this chapter and, if desired, to the occupant of a copy of such notice; C. If the current name and address of the person upon whom an order may be served is not on file or if such person refuses acceptance of such service or of registered or certified mail,"by posting a copy to the premises, addressed to the owner, lessor or his respective agent; or D. By regular mail. § 30A-28. Failure to comply upon remspection. If, upon reinspection, the alleged violation is determined by the Building Inspector not to have been corrected, the Building inspector may: A. Require a meeting with the property owner or violator to determine why the notice was not honored; or B. File an information or accusation of instrument with the Court Clerk to seek a remedy in the courts. § 30A-29, Notice of violation to be recorded. Whenever a notice or order has been issued for any infraction of this chapter, the Building Inspector shall keep on file a copy of such notice or order in the Department. This recording shall constitute notice of such violation, infraction or order to any subsequent purchaser, grantee, mortgagee or lessee or the property affected thereby. § 30A-30. Civil penaltj^. A. A person who violates any requirement of this chapter or any order of the Department shall be subject to a cumulative civil penalty, in the court's discretion, of not less than two hundred fifty dollars ($250.) nor more than one thousandfive hundred dollars ($L500.) per day for each separate violation form the date set for correction in the notice of violation until the violation is corrected. Such penalty shall increase to not less than five hundred dollars r$50Q.) nor more than two �thousand- five hundred dollais ($2500.) per day for a second or subsequent violation. This penalty shall be paid forthwith by the violator. If such payment is not immediately made, it may be collected by the Department by action against the owner or his agent. A civil suit to collect said penalty may be commenced in any court of competent jurisdiction. In addition to the fine, the Comt may impose a oneyear conditional discharge requiring the defendant to permit access to the Department to reinspect the premises from time to time during the period of the conditional discharge. B. The Department may bring a civil suit in any court having jurisdiction of the amount claimed for the recovery of civil penalties, together with costs and disbursements. If the court fmds, upon a showing by the defendant, that sufficient mitigating circumstances exist, it may remit all or part of the accumulated civil penalties arising from the violation with respect to which such a showing was made. C. When the Department obtains a judgment in an action under this chapter either against an order or his agent, in addition to the appropriate methods of enforcement for judgments established in the Civil Practice Law and Rules, such judgment for penalties shall constitute a lien and shall be filed within one (1) year from the entry of judgment and may be enforced against the premises and upon the rents and compensation due or then maturing for any rents or compensation without further proceedings. §30A-31. Crimmal penalty. A. Any person who willfully or recklessly violates any provision of this chapter or fails to comply with any requirement of an order of the Department; or of the Board of appeals, or makes or causes any other person to make any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this chapter or any other action by the Department pursuant to this chapter shall be guilty of a misdemeanor punishable by a fme not exceeding five hundred dollars ($500.) tliree thousand dollars ($3.000.) for each violation, or by imprisonment of up to one (1) year, or by both such fine and imprisonment. Every day the violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate violation. B. To support a finding of willful violation, evidence that the defendant had knowledge or notit^e of the violation and failed to cop-ect the same for more than one hundred twenty (120) days shall be sufficient. This shall not, however, limit the introduction of other evidence or the fmding of willful violation on other grounds. C. A person commits a willful violation when that person's action or failure to act results in a condition constituting a violation of this chapter which will or is likely to endanger the life, health or safety of another person. �§30A-32. Injunctive relief. In addition to, or in lieu of, the civil and criminal penalties provided herein, any person may be prevented from violating the provisions of this chapter by the Department's seeking injunctive relief on the manner provided by law. §30A~33. Dangerous structures. A. If all or part of aay structure or the equipment for operation, including, among others, the heating plant, plumbing, electric, wiring, stairways, elevator and fire protection equipment, shall be found by the Building Inspector with concurrence of the chief executive of North Tarr>town to have significant defects hereinafter described, it shall be deemed a dangerous structure. B. A dangerous structure shall include: (1) One which is so damaged, decayed, dilapidated, unsanitary, difficult to heat, structurally unsafe or vermin infested that it creates a hazard to the safety or welfare of the occupants or to the public or which contains lead-based paint that is dangerous or likely to become dangerous to the health of small children; (2) One which lacks illumination, ventilation or sanitary facilities adequate to protect the safety or welfare of the occupants or to the public; (3) One which, because of its general condition or location, is unsanitary or otherwise dangerous to the safety or welfare to the occupants or to the public; (4) One which is so overcrowded with occupants that it constitutes a public nuisance or is a health hazard to its occupants; (5) One which is in a state of dilapidation, deterioration or decay; faulty construction such that the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or the deterioration, decay or inadequacy of its foundation or other similar cause is likely to partially or completely collapse the structure; (6) One in wljich the exterior and interior walls or other vertical members lean, buckle or twist to such an extent as to endanger life, limb and property; (7) One in which is being used in such a manner and condition to constitute a public nuisance; (8) One which is vacant, open to trespass, unoccupied and an attractive �nuisance to anyone on or near the premises, thereby endangering life, health and property; or (9) One which has been damaged by fire, wind or other causes so as to no longer provide shelter from the elements and has become or threatens to become dangerous to life, safety or the general health and welfare of anyone on or near the premises. §30A-34. Condemnation of unfit dwelling unit or structure. A. Notice. Whenever the Building Inspector and the chief executive of >Iorii Tarr>town detennines that a structure or dwelling unit is dangerous and unfit for hiiman habitation, the Building Inspector shall give notice to the owner of condemnation and of his intent to placard and vacate the structure or dwelling unit, if compliance with the provisions of the notice of condemnation is not secured. Any person affected by any such notice may request and shall be granted a hearing on the matter before the Building Inspector or the Board of Appeals. B. Placardnig. The Building Inspector or the assistant building inspectors shall post in a conspicuous place on the affected dwelling unit or structure a placard bearing the words "Condemned as Unfit for Human Habitation THIS-BUILDING IS UNSAPE AND ITS OCCUPANCY AND USE HAS BEEN PROHIBITED." C. Vacating. Any dwelling unit or structure which has been condemned as unfit for habitation shall be vacated within a reasonable time as required by the Building Inspector and shall not be used for human habitation again until written approval is secured from the Building Inspector. The owner or operator of such unit or structure shall make such unit or structure safe and secure in whatever manner the Building Inspector shall deem necessary. Any vacant building, open at doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance. D. Order to disconnect utilities. Whenever any dwelling unit or structure has been placarded and vacated, the Department shall order services and utilities to be turned off or disconnected and all utility meters to be removed. E. Order to make repairs or demolish. Whenever the Building Inspector, with for human habitation, unsafe to the community in its vacant state and detennines that the cost necessary to correct the violation is not reaso;iiably related to the value of the building, the Building Inspector shall order the demolition of the structure. A copy of such notice shall be served on the owner and copies sent to other agencies, mcluding the Police and Fire Department. The owner may demolish such structure, convert the structure into another use, rehabilitate the structure or correct the violation regardless of cost, provided that the requirements of this chapter and of the Building Code in effect at the time of attempted compliance are satisfied. �F. Department to make repairs or demolish. Whenever a notice or order to remove a violation, secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the Building Inspector and chie^^j^cutiva of North Tarrytown to constitute a danger to the tenants and the community, the Building Inspector may proceed to have the building demolished, repaired, rehabilitated, converted, altered, secured, vacated or take such action as is necessary to abate the nuisance, Abatement authorized by the provision shall not commence until at least ten (10) days after service of such notice. Such procedures and recovery of expenses shall be served as provided in § 30A-35, Emergency repair program, and work shall be completed within the time specified by the Building Inspector. § 30A-35. Emergency repair program. A. Power to act m emergencies. Whenever the Building Inspector finds that a violation of this chapter exists which, in his opinion and with concurrence to the chief executive officer of North Tarrytown, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or of the public, the Building Inspector may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any other provision of this chapter, such an order shall be effective irnmed^^ and shall be complied with immediately or as otherwise provided. Emergencies include but are not limited to: (1) Failure to supply utilities, such as heat, water, light and gas; (2) Inability to drain the waste system; (3) Large amounts of falling plaster condition; (4) Extreme overgrowth of noxious weeds; (5) Infestation of rats and other disease-bearing rodents and insects; (6) Stormwater flooding or similar condition which endangers the operability of the affected premises; or (7) Any condition listed in § 30A-33. Dangerous structures. p p B. Abatement of hazards in emergencies. Whenever any violation of this chapter which requires immediate action has not been corrected by such person in the time specified by the order issued, the Building Inspector may take such direct action as is necessary to abate the hazard or danger, including but not limited to the repair of the condition, the provision of services, the provision of materials necessary to abate the condition or the demolition of the property. �C. Recovery of expenses. The expenses incurred by the Department in abating hazardous or dangerous conditions, as provided above, shall be paid to the Department by such person. The Building Inspector shall file among his records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized under this chapter. Upon failure of said person to pay the cost of such repairs or improvements or demolition, the Building Inspector may institute a suit in the name of the municipality to recover such expenses against any persons liable for such expenses or may cause such expenses to be charged and assessed against the property as a lien when the owner is the willful violator. If such expenses are not paid within ten (10) days after demand, the amount thereof shall be added to and become part of the taxes next to be assessed and levied upon said premises and shall be collected and enforced in the same manner as taxes. § 30A-36. Structures imposing serious risk to remedies for compliance. Certain structures impose a serious and immediate risk to public health, safety and welfare. Such structures are of such age and condition or have such a histoiy of violations of minimum housing standards that they may contain harmful or potentially harmful conditions which threaten the health, safety and welfare of the occupants or the public. It is therefore in the public interest to authorize the use of special code enforcement remedies in these cases. § 30A-37. Code enforcement remedies. A. In such cases as described in §30A-36 above, the following remedial measures may be authorized: the Department is authorized to require information regarding, but not limited to tenant turnover, vacancies, maintenance costs and mortgage indebtedness, status of tax indebtedness and any other infoimation required by the authorities to assist in the early identification of problem conditions and buildings. B. In addition, the Department may require that a building registration perniit be obtained as a condition to the continued occupancy of a multiple dwelling. Such permit shall be subject to revocation or modification. The Department may charge a fee for the registration of a multiple dwelling and the issuance of a building registration permit. The fee must bear a reasonable relationship to the cost to the Department of administering these requirements. C. Certificates of occupancy for individual units. Upon termination of the occupancy of a dwelling unit in such a district, an inspection shall be made to determine whether the unit contains phapter violations which are, or are |ikely to become, dangerous to health, life or safety. If such conditions exist, the owner shall be prohibited from renting such unit until he obtams a certificate from the Department which certifies that the violating conditions have been removed and that the unit no longer contains conditions that are dangerous or likely to become dangerous to life, health or safety. To enforce this requirement, an owner must notify the Department whenever a unit is vacated. �D. Evictions of occupants for chapter violations. (1) Owners are prohibited from evicting occupants when such evictions are substantially motivated by an owner's desire to retaliate against an occupant's good-faith complaint to the Department regarding violations of this chapter. (2) Whenever an owner whishes to evict a tenant, for whatever reason, the owner shall first obtain a certificate of eviction from the Department, The certificate may be requested by the owner, in writing, by teleph6ne or in person, directly for the Building Inspector, who shall keep a separate record of all such request. If a certificate is not issued or denied within two (2) full working days following the day of the request, the owner may proceed with his eviction proceeding, unless his action or failure to cooperate has delayed action regarding the certificate. (3) Upon receiving a request for a certification of eviction, the Building Inspector shall immediately cause an inspection of the subject promises. If the inspection reveals serious violations of this chapter which have not been caused or substantially contributed to by the occupant, the certificate shall be denied. If the inspection reveals that serious chapter violations exist which have been caused or substantially contributed to by the tenant, the inspection report shall be filed by the Department in court as part of the record in the owner's proceeding to evict he tenant. The court shall make a final decision, Occupants who believe that evictions, rent increases or reduction in service are substantially motivated by an owner's desire to retaliate against their good-faith report of chapter violations to the Department shall be afforded a hearing on the matter before the Building Inspector or the Board of Appeals at their option. E. Deposits by owners for emergency repairs. (1) Whenever the Department is required to perform the emergency measures pursuant to §30A-35 of this chapter, it may pay for those measures through an Emergency Repair Fund. Owners of multiple dwellings within such districts shall be required to deposit five hundred dollars ($500.) per dwelling unit with an interest-bearing escrow account maintained by the Department in such an Emergency Repair Fund for the purpose of making emergency repairs. The deposit shall be required upon the owner's filing of his first registration statement. Upon the transfer of ownership of the subject premises, the deposit shall be transferred by the Department to the new owner's account upon the filing of a regisjration statement by that owner. Interest ^ccrued on the deposited ftmds shall accumulate in the account and be available for the purpose of this subsection. (2) The owner of the premises ki regard to which such measures were taken shall be required to reimburse the account for the cost of the measures, includiag interest lost from the date of withdrawal. A per diem fine may be levied against owners �who fail to reimburse the account or who fail to post a bond guaranteeing reimbursement. F. Rent escrow accounts. Whenever an owner of a multiple dwelling repeatedly fails to comply with orders to correct chapter violations regarding building conditions which are likely to become dangerous to the life, health or safety of the occupant or the of North Tarrytown, tlie occupants to deposit their rent in a separate escrow account administered by the Department, Withdrawals from the account shall be made by the Department to cover the costs of abating the conditions. All remaining rents shall be returned promptly to the owner. G. Occupant nuisance. Part of the responsibility for the care and upkeep of a dwelling unit shall rest with the occupant. Occupants shall be liable if serious violations are caused by their own willful act or negligence, such as improper refuse disposal, improper and destructive acts, physical destruction or inadequately maintained living space. The Department shall act to discourage or penalize occupants who cause or substantially contribute to violations of this chapter. A system of orders, hearings and citations shall be developed with sanctions that include orders to abate fmes and violation reports which can be filed in court in support of an owner's petition to evict the occupant. Before using these sanctions, the Department shall make a good-faith attempt to provide or obtain supportive services and counseling for the occupants that are designed to prevent the occupants form causing or contributing to violations of this chapter. ��NEW Y O R K STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to Indicate new matter. • • County City ^^ VILLAGE OF SLEEPY HOLLOW, NY • Town m Village Local Law No. A local law 1 of the year 20 1 5 ^^^APTER 32 - ILLEGAL RESIDENTIAL OCCUPANCIES AND OVERCROWDING (Insert Title) " IN DWELLINGS Beitenactedbythe BOARD OF TRUSTEES l-^yfgnie ofZegisbtive Body) • County Q City • Town VILLAGE OF S L E E P Y HOLLOW, NY ^^^^^ " ' as follows: m village S E E ATTACHED AMENDMENT (If additional space Is needed, attach pages the same size as this sheet, and number each.) �(Complete the certification in the paragraph that applies to the ^iing of this local law and strike out that which is not applicable.) 1. {Final adoption by local legislative body only.) « ^ I hereby certify that the local law annexed hereto, designated as iocal law No. ^ ^ the {County){City)(Town){ViIlage) of village of Sleepy Hollow NY 10591 Board of Trustees on March 23 20 15 (Name of Legislative Body) provisions of law. of 20 'iO of was duly passed by the in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the ^ and was deemed duly adopted (Elective Chief Executive Officer*) on ^20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the of was duly passed by the on 20 , and was (approved)( not approved) nn 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permisslve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (spec!al)(annual) election held on 20 ^ in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Vi!lage) of (Name of Legislative Body) of was duly passed by the on (repassed after disapproval) by the 20 and was (approved)(not approved) on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a tovm where such officer is vested with the power to approve or veto local laws or ordinances. �5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of 'le Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .nereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affimnatlve vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local l a w r ^ d was finally adopted in the manjjerindlcated in paragraph J , above. Clerk bf the county legislative body, City, Town or officer designated by local legislative body (Seal) Date: ^ 0 1 ^ or ^ 0 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK -OUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that alt proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City^^ Village of Sleepy Hollow Town Village Pg^g. APRIL 20, 2010 �Chapter 32 ILLEGAL RESIDENTIAL OCCUPANCIES AND OVERCROWDING IN DWELLINGS Local LawNo. XXof2010 Be it enacted by the Board of Trustees of the Village of Sleepy Hollow, in the Connty of Westchester, as follows; § 32-1. Prosecutions for illegal residential occupancies and overcrowding in dwellings. A. In all civil and criminal prosecutions brought for the enforcement of this Code's provisions with respect to the illegal use of any building for residentid purposes or the illegal residential occupancy of any dwelling or dwelling unit by more families than the number of families permitted for such dwelling or dwelling unit under this Code, the following rebuttable presumptions shall apply: (1) That any detached dwelling or dwelling unit which maintains more than one mailbox or mail receptacle, more than one gas meter, more than one electric meter, and/or more than one water meter is being used as the residence of two or more families. (2) That any detached dwelling or dwelling unit which maintains more than two mailboxes or mail receptacles, more than two gas meters, more than two electric meters and/or more than two water meters is being used as the residence of three or more families. (3) That any detached dwelling or dwelling unit which maintains any entrance or entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, is being used as the residence of two or more families. (4) That any detached dwelling or dwelling unit which maintains any third or additional entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, is being used as the residence �of three or more families. (5) That any building which has been advertised in any newspapers, magazines, or advertising publications as being available for sale or rent for residential purposes, in whole or in part, which advertisement expressly or implicitly provides that such building or the dwellings or dwelling units therein contain rooms for rent, contain more than one separate dwelling living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the nimiber of rooms for rent, dwelling units, or families stated or implied in such advertisement. (6) That any dwelling or dwelling unit which maintains two or more doorbells is being used as a dwelling for the same number of families as there are doorbells. (7) That any single-family dwelling or dwelling unit at which there are the following is being used for two or more families: (a) Permanent partitions or internal doors which have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit; and/or (b) Two or more kitchens which have not been set forth on any plans approved by and on file with, the Department of Architecture, Land Use Development, Buildings and Building Compliance, each containing one or more of the following: a range, oven, microwave, or other similar device customarily used for cooking or preparation of foods. (8) That any two-family dwelling- units at which there are the following is being used for three or more families: �(a) Permanent partitions or internal doors which have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, which may serve to bar access between three or more segregated portions of the dwelling, including but not limited to bedrooms; and/or (b) Three or more kitchens which have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, each containing one or more of the following: a range, oven, microwave, or other similar device customarily used for cooking or preparation of foods. B. The rebuttal of the aforesaid presumptions shall be an affirmative defense by the defendant that, notwithstanding the existence of such conditions, once such conditions have proven to the court, the subject building is not being used as a dwelling or the subject dwelling is not being used for more families than permitted under the Village's Zoning Code. C. A person charged with a violation of this Code as described herein may demand an inspection by the Department of Architecture, Land Use Development, Bxxildings and Building Compliance of the subject building or dwelling to rebut such presumption. Such demand shall be in writing addressed to the Department of Architecture, Land Use Development, Buildings and Building Compliance. The Department inspector shall prepare a report of the findings of the inspection together with photographs, if appropriate. § 32-2. Penalties for offenses, A. Notwithstanding any provision of this Code inconsistent herewith, for each code violation involving an illegal residential occupancy or an over-occupancy of a dwelling or dwelling unit, the owner and any person who is in charge of the subject building, dwelling, or dwelling unit at the time of the violation shall be liable to a fine of not less than one thousand dollars ($LQQO.) nor more than three thousand five hundred dollars ($3,500.) and not4ess-#ian one thousand dollars ($1,000.) for the first violation; for a second and any subsequent violation, the fine shall be not less than five thousand dollars ($5,000.) nor more than seven thousand five hundred dollars ($7..50Q.) B. Each day that a violation continues to exist shall constitute a separate and distinct �violation. ��NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use Italics or underlining to indicate new matter. • • County City ^^ VILLAGE OF S L E E P Y HOLLOW, NY • il Town, Village Local Law No. A local law A of the year 20 CHAPTER 62 - ZONING CODE (Insert We) Be it enacted by the BOARD OF TRUSTEES Of the (Name of Legislatm Body) • • County City ^^ VILLAGE OF S L E E P Y HOLLOW. NY • m Town Village as follows: S E E ATTACHED AMENDMENT (If additional space is needed, attach pages the same size as this sheet, and number each.) �(Complete the certification In the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only,) ^/ I hereby certify that the local law annexed hereto, designated as local law No. * ^ the (County)(City)(Town)(Vi!lage) of village of Sleepy Hollow NY 10591 Board of Trustees on March 23 20 (Name of Legislative Body) provisions of law. of 20 JL2 of was duly passed by the , in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 .andwas(approved)(notapproved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Eiective Chief Executive Officer*) on 20 , in accordance w jth the applicable provisions of law. 3. (Final adoption by referendum.) i hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the of was duly passed by the on 20 .and was (approved)( not approved) on 20 (Elective Ctiief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permisslve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special){annua!) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby certify ^ a t the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of was duly passed by the on (Name of Legislative Body) of (repassed after disapproval) by the 20 , and was (approved)(not approved) on 20 Such local . (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �5. (City local law concerning Charter revision proposed by petition.) ! hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of he Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .nereon at the {special)(general) election heid on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the locai law annexed hereto, designated as loca! law No. of 20 of the County of State of New Yor)<, having been submitted to the electors at the General Election of N o v e m b e r _ _ _ _ _ _ Pn pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative, (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same Is a correct transcript therefrom and of the whole of such original local lav^nd^was finally adopted in the mannerjiidicated in paragraph J above. ^ ^ ^ W X ^ ^ ^ " Clerk ofthe county legislate body, City, Town officer designated by locai legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK ^OUNTYOF I, the undersigned, hereby certify that the foregoing loca! law contains the correct text and that all proper proceedings have been had or taken for the enactment of the loca! law annexed hereto. Signature Title County Clty^^ Village of Sleepy Hollow Towi Village Date: APRIL 20. 2010 �Chapter 62 ZONING ARTICLE IX AdministratioB FAmeaded X--X-X-2010; by LX. No. XXI § 62-32. Enforcement. This ordinance shall be enforced by the Building Inspector, who shall be appointed by the Village Board of Trustees. No building permit or certificate of occupancy shall be issued by him except where all provisions of this ordinance have been complied with. A. No other officer, board, agency, or employee of the Village of North Tarry1:own Sleepy Hollow shall issue, grant, or approve any permit, license, certificate or other authorization for any erection of any building, structure or for any use of any land or building. Any such permit, license, certificate or other authorization issued, granted or approved in violation of any provisions of this ordinance shall be null and void and of no effect, without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, license, certificate or authorization shall be unlawful, and no action shall be taken by any officer, board, agency or employee of the Village of North Tarrytown Sleepy Hollow, including the Board of Appeals, to validate any such violations. § 62-33. Building Inspector. A. Powers and duties. The Building Inspector is hereby given the duty, power and authority to enforce the provisions of this ordinance. He shall examine all applications for permits and shall issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this ordinance and for nonconforming uses and buildings existing at the time of passage of this ordinance. B. Records to be kept. The Building Inspector shall maintain files of all applications and plans to him and of all permits and certificates of occupancy issued by him and shall maintain records of all actions taken by him pursuant to such applications. He shall keep a record of every identifiable complaint of a violation of any of the provisions of this ordinance and of the action taken consequent on such complaint. C. Reports. The Building Inspector shall report to the governing body annually, summarizing for the period smce his last previous report all applications approved by him, all permits and certificates of occupancy issued by him and all complaints of violation made to him and the action taken by him thereon. A copy of each such report shall be filed with the Planning Board at the same time that it is filed with the governing �body. The Building Inspector shall also make such reports to the Board of Appeals and the Planning Board as may be required. § 62-34. Building Permits. [Amended 9-10-1973; 7-7-1987 by L.L. No. 7,1987: 6-16-1980 by L.L. No. 3, 1980: 7-3-1990 by L.L. No. 6, 1990: 7-7-1992 by L.L. No. 4,1992; 8-16-1994 by L.L. No. 11,1994] In addition to the requirements of $10-4 of tliis Code. Nno person shall erect, alter or convert any structure or building or part thereof, or alter the use of any land, subsequent to the adoption of this ordinance, until a building permit has been issued by the Building Inspector. A. The procedures and requirements for filing and obtaining a building permit shall conform to the requirements of $ 10-4 of this shall enable the Building Inspector to malce his determination Gtructure or use in terms of this ordinance. Such plans shall be drawn to scale and shall spaces, loading areas and provisions-for draina-ge; An application for a certificate of XtStST B. Display of permit. All building permits shall be issued in duplicate, and one (1) copy �operation has been displayed as required by this ordinance, nor shall they perform D. R Denial of permits. If the Building Inspector determines that the plans as submitted fail to satisfy the requirements of this ordinance, he shall refuse to issue a building permit. The applicant may then apply to the Board of Appeals for the reversal of the decision of the Building Inspector as provided in Article XI of this ordinance. ^ C. Revocation of permits. If it shall appear at any time to the Building Inspector that the application or accompanying plan is in any respect fails or misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Building Inspector. After the building permit has been revoked, the Building Inspector may in his discretion, before issuing a new building permit, require the applicant to file an indemnity bond in favor of the village, with sufficient surety conditioned for compliance with this ordinance and all laws and ordinances then, in force and in a sum to cover the cost of removing the structure if it does not so comply. XXropCtTttJIT G. As built plans. All plans approved by the Planning board shall be conGtructed, developed professional engineer, to be filed in the records of the Planning Board and the Village Building Inspectof^ �§ 62-35. Certificates of occupancy. A. Certificates of Compliaiice required. £1} No land shall be occupied or used and no building hereafter erected, altered or extended shall be occupied, used or changed in use in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector, stating that the structure or use complies with all the provisions of this ordinance. (2) OccupaacY or use after sale or transfer of any improved real property, including an individual condoioinium unit and an individual cooperative unit which, for the purposes of this section, shall be considered a piece of improved real property. Upon sale or transfer of any such real property, an updated certificate of occupancy, issued no earlier than 60- days before closing, shall be required before the premises or unit may be used or occupied. It shall be the obligation of the seller to apply for and obtain the updated certificate of occupancy unless the paities agree otherwise in their contract of sale. A. Application. A certificate of occupamcy shall be applied for at the same time-as-4h© B. The procedures aad requirements for filing and issuance of a certificate of occupancy shall conform to the requirements of ^ 10-7 of this Code and: (1) A certificate of occupaacy shall be issued within ten (10) days after the Building Inspector determines that the structure or use, as completed, is in full conformity with the provisions of this ordinance and other applicable codes and ordinances, including but not limited to the New York State Unifom Fire Prevention and Building Code, fire Prevention Code; Electrical Code, Plumbing Code, Sanitaiy Code and Housing Code.3 (2) Certificates of occupancy for nonconforming uses. A certificate of occupancy shall be issued, upon application and after inspection, to any nonconforming use which complies with the requirements of other applicable codes and ordinances. However, no nonconfomiing use shall be renewed, or extended, without a new certificate of occupancy therefor having been issued by the Building Inspector. D. Penalties for offenses. No prior written notice of violation or request to cure shall be required to enforce the provisions of $ 62-35 of tins ordinance. For any such violation, the owner, general agent or contractor of a building or premises or part thereof where �such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation shall be subject to a penalty of not less than five thousand dollars ($5.000.) nor more than ten thousand dollars ($10.000.) for the first day of each such violation and no less than one thousand dollars ($1.000.) nor more than five thousand dollars ($5.000.) for each and every day that any such violation continues thereafter to exist. In addition to the fines and penalties set forth herein, a party convicted of a violation of this chapter shall pay all costs and expenses incurred by the Village in determining such violation. �ARTICLE XII Violations and Penalties rAmeaded XXX by LX. No. XX. 2010] § 62-49. Complaints of violations. Any person may file a complaint if there is any reason to believe a violation of this ordinance exists. All such complaints must be in writing and shall be filed with the Building Inspector, who shall record such complaint and immediately investigate. Upon his becoming aware of any violation of any provision of this ordinance, the Building Inspector shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within such reasonable time as ^ e Building Inspector has specified in such notice, he shall institute such action as may be necessary to terminate the violation. § 62-50. Procedures for abatement of violations. In the event that any extended stxiicture is erected, altered, repaired, or any structure or property is used in violation of this ordinance, the Building Inspector, in addition to other remedies, may institxite any appropriate legal action or proceedings in accordance with §10-15 of tliis Code, to prevent such unlawful construction, alteration or repair, or abate such violation and to prevent the occupancy and use of said structure or land. § 62-51. Penalties. [Amended 9-184990 by L.L. No.ll, 1991] It shall be the duty of the Building Inspector to strictly enforce all of the provisions of this ordinance. The general agent, architect, builder, contractor, owner or tenant or any other person who commits, takes or assists in any violation of this ordinance or who maintains any building or premises in which any violation of this ordinance shall exist shall, for each and every day that such violation continues, be subject to a fkj^ civil penalty of not less than two hundred fifty dollars ($250.), nor more than one thousand five hundred dollars ($1.500.1 which Fme shall be increased to not less than five hundred dollars ($500.) nor more than two thousand five hundred dollar's ($2.500.) for subsequent violations. sad-tThe collection thereof shall be prosecuted in the manner prescribed by law or ordinance in the Village of North Taxr>1:owR Sleepy Hollow. �WHEREAS, the Board of Trustees is desirous of retaining professional expertise regarding the planning, construction and installation of a water tower which will increase the capability of the Village to store water for use by its residents; and WHEREAS, it has been mandated by the County of Westchester for the Village to construct such a tower; and WHEREAS, the Board of Trustees has reviewed the qualifications of professional firms who perform this type of work, NOW, THEREFORE, BE IT RESOLVED the Board of Trustees hereby engages the firm of Creative Visuals Inc., and Virtually Real Inc., for the drawings of renderings of a water tower. Compensation for said work shall not exceed $5,000.00 for these services. Moved: Trustee Schroedel Seconded: Trustee Campbell Vote: 6-0 �Wow therefore, be it resolved the Board of Trustees hereby schedules a public hearing be held at 7 pm, on Tuesday, April 2010 at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from members of the public regarding the 2010-2011 Tentative budget Village Hall is accessible to the handicapped. Moved: Trustee Campbell Seconded: Trustee Capossela Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting the Resignation of Diane Jacobson WHEREAS, Ms. Diane Jacobson was appointed by the Village as its Treasurer; WHEREAS, Ms. Diane Jacobson has resigned her position as Treasurer, and WHEREAS, the Village wishes to ensure a smooth transition in its Department of Finance; NOW, THEREFORE, BE IT RESOLVED, that the Village Trustees accept Ms. Jacobson's resignation and authorizes the Mayor to execute an agreement with Ms. Jacobson regarding her separation from the village's employ, and BE IT FURTHER RESOLVED, that Anthony Giaccio is hereby appointed Acting Village Treasurer until a permanent Treasurer is appointed. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-03-23(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/0589baea6aa2417981c8e91e91063912.pdf acf2ab13c572df80f084bd8108afa6a9 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, March 23, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayo r Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbel Karln Wompa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk John Kapica, Village Police Chief Richard Gross, Village General Foreman At 7:07 p.m. the Mayor called the meeting to order with a pledge to the flag. Mayor Wray asked for a moment of silence for Eve Gross. Mayor announced that the Board of Assessment received and reviewed approximately 106 requests. Mayo r explained that this Board reviews and accepts requests for property tax reductions. Trustee Campbell moved to convene as Board of Assessment, seconded by Trustee Carr. Motion carried, unanimous. Trustee Capossela moved, seconded by Trustee Stupel to approve the resolution for the Board of Assessment Review, with recommendations from the Assessor, (see attached) Motion carried, unanimous. Trustee Campbell moved, seconded by Trustee Schroedel to adjourn the Board of Assessment. Motio n carried, unanimous. Mayor opened the Public Hearing (continuation) for Code Revision. Village Clerk read the Public Hearing announcement Trustee Campbell commented that no one came to this Public Hearing and it's' a safety issue matter. Mrs. Helen McDonough commented that the publicity of this meeting was not strong enough. Mrs. McDonough is concerned and mentioned this is an important issue and maybe no one cares. �Mayor stated that this Board has been working on this Code Revision for several months and trying to bring the violators to justice. Ms. McDonough expressed concerned about two family homes and its exits. Mayor asked Mrs. McDonough to return in six or tweive months to see how this Board is doing with this issue. Trustee Stupe! moved, seconded by Trustee Schroedel to close this Public Hearing. Motion carried, unanimous. Approval of Warrants: Trustee Capossela asked about the payment for Black Topping Machines Peckam Materials. Mr. Gross explained that this payment should be for Hudson River Recovery. Trustee Stupel questioned the Coliege Arms Pilot payment. Ms . Gandolfo explained. Trustee Stupel questioned Gunner's surgery. Chie f Kapica explained that Gunner is the Police K-9 Dog and needed surgery on his tail. Trustee Campbell commented that the water bill this time was $60,900 plus an overage of $8,000. Trustee Carr explained that this is why it is important to have everyone counted in the census. Trustee Carr moved, seconded by Trustee Campbell, to adopt the Warrant as amended. Mayor announcements: Mayor announced that he'll be working on the census with the school students, trying to get an accurate count. Mayor also announced that the preliminary budget was filled and came in at 4.9976%, Mayor wanted to remind everyone that two years ago the final budget was a 0% increase and last year it was a 1.5% increase , also for the final budget. Mayor will introduce resolution for a Budget - Public Hearing for April 6th. Mayor also announced that the Organizational Meeting will be held on Monday, April 5th. Mayor congratulated Trustees Schroedel, Capossela and Wompa for their recent victory at the voting poles. Mayor thanked Mr. Giaccio, Village Administrator for his assistance. Mayor opened meeting to Public Comments and implemented the 5 minute ruie. �Public Comments: Ms. McDonough asked about filing in pot holes around Teresa St an d Elm St Deputy Mayor Capossela explained that the DPW staff will be taking care of this. Mr. Gross said the plant for the materials will open around April 15 th, discussion ensued. Mr. Mario Belanich of North Washington St. addressed the Mayor and the Board of Trustees and complained that the census forms are says Sleepy Hollow and Tarrytown. Trustee Schroedei explained that census tracks are not the same as zip codes and that the bar code on the census form is 100% correct. Truste e Capossela also said that the barcode on the census orms reflects Sleepy Hollow. Mr. Beianich also complained that the pot holes on Chestnut St. and that the cross walk should be taken care of. Mrs. Martha Delgado of Sleepy Hollow addressed the Mayor and the Board of Trustees and complained that her water bill Is 3 times what it used to be. Sh e had a broken pipe and had it fixed but she can't afford to pay the bill because her husband is sick. Mayor said he can meet with Mrs. Delgado privately to discuss this matter. Mario Belanich, addressed the Mayor and the Board, once again, and asked about the fun balance, and suggested that the Village shouldn't raise taxes. Trustee Schroedei explained why its' important to have a fun balance and explained its purpose. Trustee Reports: Trustee Schroedei - mentioned that the Public Safety Committee met and recommended promoting Officer Ebel to the Sergeant's position. Trustee Schroedei mentioned that the Finance Committee met and we're down to 4%. Trustee Carr- Had nothing to report Trustee Campbell - reported that the Village finalized a six month agreement with technical support and a special thanks to Jim Santos for all his help. Trustee Campbell also reported that there is a new Branding Committee and reached out to members of the community, public relations, advertising and marketing to advertise Sleepy Hollow and will continue to come up with productive ideas for Halloween. Trustee Campbell also announced that the committee will meet with the Communications committee of Village of Tarrytown to exploit the possibilities of sharing public access television in the future. Trustee Capossella - reporte d that the Department of Public Works continues to clean up storm debris from the February 25 th storm. Tre e trimming and removal of dangerous trees �throughout Village is ongoing. Al l parks and balls fields are prepped for spring and summer, and pot holes are being filled. Spring break baseball and softball clinic is being sponsored by the Sleepy Hollow Recreation and TNT Baseball and will take place at Devries Park. Cal l Recreation office for more information. Easter egg hunt is scheduled for April 3rd, and will take place at Douglas Park. Trustee Wompa - reporte d that the Downtown Revitalization Committee is planning Earth day on Sunday, April 18 th along with the Tarrytown School district. Thi s will take place at the Morse school parking area and includes an Art contest, entertainment, flower planting and clean up of the area. Trustee Wompa reported an ongoing discussion with Mr. Howard Smith regarding the park area. Trustee Stupel- reported that the illegal housing issue is ongoing. Administrator's report: Read a letter from Census Bureau Director Robert M. Groves (attached) Announced that the Pocantico street sidewalk project will resume within a week. The Contractor was told to notify the neighbors. The Safety Committee met to discuss ways of making the workplace safer. The DPW has removed the playground at Douglas Park. Resolutions: se e attached Old Business: Trustee Campbell asked if the Douglas Park designs can be revisited by Sean McCarthy. Trustee Campbell reported that the School has not adopted its budget but there might be a 6.6% tax increase for the Sleepy Hollow residents. Discussion ensued. New Business: None Communications: Mayor reported receiving an invitation from the New York State Commission of Military Naval Affairs for a Memorial Service on May 2nd, at 11am at the cemetery to recognize the soldiers who defended the Aqueduct during World War I. The Leukemia and Lymphoma Society sent a thank you for last year's support and requested to use Kingsland Point Park again on September 12h, for the Hudson River Swim for Life and over 450 participants are expected. �Public Comments: N o comments were made at this time. At 8:25pm, the Village Administrator requested to go into executive session to discuss a personnel matter. Trustee Carr moved to go into executive session, seconded by Trustee Campbeli. At 8:34pm -Trustee Schroedei moved, seconded by Trustee Carr to come out of executive session. The following action was taken in Executive Session: A Resolutio n accepting Diane Jacobson's resignation as Village Treasurer and appointing Anthony Giaccio to Acting Treasurer was presented. Trustee Campbell moved, seconded by Trustee Schroedei to accept this resolution. Motion carried, unanimous. At 8:35pm on a motion by Trustee Schroedei, seconded by Trustee Campbell the meeting was adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-03-23 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/1f505a6c1a8b7b7e33c8f67faf51174b.pdf 425c5dc092fd4672639b6428651ad183 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, April 13, 2010 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy M a y o r Thomas Capossela David Schroedel Barbara Carr Bruce Campbell Karin W o m p a Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector John Kapica, Police Chief At 7:00 p.m. the Mayor called the meeting to order with a prayer and pledge to the flag. P u b l i c Hearing on the 2 0 1 0 / 2 0 1 1 Tentative B u d g e t M r . Giaccio read the Public H e a r i n g Notice N o w therefore, be it resolved the Board of Trustees hereby schedules a public hearing be held at 7 pm, on Tuesday, April IS"*, 2 0 1 0 at Village Hall, 2 8 B e e k m a n A v e n u e , Sleepy Hollow, N e w Y o r k to hear and consider c o m m e n t s f r o m m e m b e r s of the public regarding the 2010-2011 Tentative budget. Mayor Wray opened up the Public Hearing: Mario Belanich Asked what the tax increase would be. Trustee Schroedel responded by saying it is not determined yet. The Public Hearing was adjourned Presentation by the Village Engineer Dolph Rotfeld and Dan Peluso from Rotfeld Engineering made a presentation to the Board on the Shaft 9 pump station project. Bids were received for this project and Engineered Fluid Inc. was the lowest bidder at $487,811. Mr. Rotfeld and Mr. Peluso recommended awarding this bid. Discussion ensued. �Approval of Minutes: Trustee Campbell moved, Seconded by Trustee Stupel to approve the Minutes of, 3/2/10, 3/9/10, 3/16/10 and 4/5/10. It was unanimous. * A correction was made on the 4/5/10 minutes, changing M a t h e w Brenner to Brennan. Approval of Warrants: Trustee Schroedel moved, seconded by Trustee Campbell to approve warrants 10MAR29,10MAR30, 10APR08,10APR09 and 10APR13 in the total of $230,389.63. Roll call was taken for each warrant. All ayes with the exception of warrant 10APR08 (Capossela voted nay). Motion passed Mayor's Announcements Mayor Wray informed the residents that there have been on-going conversations with General Motors and he is cautiously optimistic that something positive will come out of the talks. The Police Advisory Committee is being formed and anyone interested in joining should contact Village Hall. Public Comments: None Trustee Reports: Trustee Schroedel reported that the Finance Committee is working hard on reducing the tentative budget and believes they can keep the tax increase under 2%. Trustee Schroedel requested that a presentation on the water tank be placed on next week's work session agenda. Trustee Carr reported that she met with the senior citizens group to discuss senior center operations. Trustee Carr also mentioned that the Friends of Douglas Park have received three quotes for a design of a natural playground and are prepared to make a presentation to the Village Board. The Environmental Advisory Committee will be participating in the Earth Day event on Sunday at Morse School. The EAC would like to report on the leaf blower law. Trustee Campbell informed the Board that the Branding Sub-Committee met and discussed ways of promoting the Halloween season. Trustee Capossela gave a public works report. Leagues are starting and the fields are in good shape. The DPW will be plating 25 sycamore trees along Route 9. Residents should not throw dog waste down the sewer. �Trustee Capossela gave a recreation reports. He mentioned Parks staffing and announced the TNT parade, Lacrosse and Basketball Camps and the Lighthouse Tours. Trustee Wompa reported that the search for a new treasurer is underway and the Downtown Revitalization Corporation is holding an Earth Day event on Sunday at Morse School. Trustee Stupel announced that there will be a Housing Committee meeting this week. Administrator Report: The first meeting for the Police Advisory Committee will be sometime in May. As part of the Earth Day Celebration, the DPW will be planting sycamore trees along Route 9. The DPW is prepared for Sundays Earth Day event at Morse School. Resolutions: resolutions - See attached M a y o r Wray explained why there will be a public hearing on the Architectural Review Board New Business Mayor Wray announced that he attended the 160 birthday party at the Sleepy Hollow Cemetery. Mayor Wray met with Anna Lopez and the high school students working on the census on Saturday and said they are doing an excellent job. Mayor Wray encourages everyone to complete their census form. Mayor announced the swearing in of all the new officers for the Fire Department. The Mayor thanked outgoing Chief Hennessey and congratulated incoming Chief Korzelius. Trustee Stupel asked if the Horseman Statue could be clean up and illuminated and if the area could be better landscaped. Trustee Wompa recommended that the Village consider purchasing the vacant lot on Beekman Avenue to be used for public parking. Trustee Caposella informed the Board that it is Sleepy Hollow's turn to buy flags for Memorial Day. The Village alternatives purchasing these flags each year with Tarrytown Trustee Stupel praised Anna Lopez for her efforts with the census. �Public Comments: M a r i o Belanich asked what the status was on the horseman statue investigation Paul Wichman said he was having trouble getting a certificate of occupancy for his house. He needs this in order to sell his house. Executive Session: At 8:25 p.m., on a motion made by Trustee Schroedel and seconded by Trustee Campbell and carried unanimously, the Board moved into executive session to discuss legal matters. At 8:40, on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously, the Board moved out of executive session. On motion by Trustee Schroedel, Seconded by Trustee Carr the meeting was adjourned at 8:41 p.m. Respectfully submitted, Anthony Giaccio Village Administrator �Meeting Date: Resolution #: 04/13/10 04/56/10 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving the Annual Memorial Day Parade BE IT RESOLVED that the Mayor and Board of Trustees hereby allows the Central Veterans of Tarrytown and Sleepy Hollow to hold its Annual Memorial Day Parade on May 31, 2010 beginning at 9:00 a.m. passing through the Village via North Broadway to Beekman Avenue west to South Washington Street to Patriot's Park. Moved: Trustee Campbell Seconded: Trustee Carr Vote: 6-0 �Meeting: 04/13/2010 Resolution#: 04/57/2010 WHEREAS, residency requirement may be waived by the Board of Trustees for Court Attendant(s) if appointee is a resident of the County of Westchester; NOW BE IT RESOLVED the Board of Trustees hereby waives the statutory Village residency requirement for all Court Attendant(s); Moved: Trustee Stupel Seconded: Trustee Schroedel Vote: 6-0 �Meeting Date: 04/13/2010 Resolution #: 04/58/2010 Be it resolved that the Board of Trustees of the Village of Sleepy Hollow does hereby adopt the following: 1) The Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law for the levy of taxes on the 2010 Village Assessment Roll, as prepared by the Office of the Village Assessor. 2) The Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law for the levy of taxes on the 2010 Village Assessment Roll, as prepared by the Village Assessor. 3) The Class Tax Shares adopted for the Village Levy Roll of 2010 are as follows: Homestead: 67.1074 % Moved: Trustee Caposella Non-Homestead: Seconded: Trustee Stupe I 32.8926 % Vote: 6-0 �Meeting Date: Resolution #: 4/13/10 4/59/10 Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting the Bid for the Shaft 9 Pump Package Booster Station Project WHEREAS, on March 25, 2010 the Village of Sleepy Hollow received bid proposals for the Shaft 9 Pump Package Booster Station Project; and WHEREAS, all bids have been reviewed by the Village Engineer and a qualified low bidder, Engineered Fluid, Inc. of Centralia, Illinois has been identified with a low bid amount of $478,811.00; and WHEREAS, the Village Engineer has determined that the Engineered Fluid, Inc. bid to be acceptable and has recommended its approval; and NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the bid of Engineered Fluid, Inc. at a total amount of $478,811.00 and be it further RESOLVED that the Mayor is authorized to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee Wompa Seconded: Trustee Capossela Vote: 6-0 �Meeting Date: 04/13/2010 Resolution#: 04/60/2010 BE IT RESOLVED THAT the Board of Trustees hereby calls for a public hearing on April 27, 2010 at 7 p.m. to hear and consider comments from members of the public regarding the elimination of the Architectural Review Board. Said hearing will also consider comments from the public regarding the transfer of certain authority of the Architectural Review Board to the Planning Board. Moved: Trustee Schroedel Seconded: Trustee Stupel Vote: 6-0 �PUBLIC HEARING NOTICE PLEASE TAKE NOTICE the Board of Trustees of the Village of Sleepy Hollow will hold a public hearing on Tuesday, April 27, 2010 at 7 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from members of the public regarding an amendment to the Village Code, eliminating Chapter 6, entitled Architectural Review Board and amending Chapter 62 to give certain duties now performed by the Architectural Review Board to the Planning Board. A copy of the proposed revisions to the Village Code is available at the Village Clerk's office, MondayFriday from 8:30 a.m. to 4:30 p.m. All interested parties are invited to attend and be heard at said hearing. Village Hall is accessible to the handicapped. By Order of the Board of Trustees Dated: April 13, 2010 Paula A. McCarthy Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-04-13_RES-04-56 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/7cc7ae3cd1ff2b075d72774644d8743b.pdf c02428aeea29fb225e90e29170df5006 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, April 20, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Karin.T. Wompa . David L. Schroedel Bruce R. Campbell Evelyn R. Stupel Barbara J. Carr Trustees Thomas Capossela (Absent) Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect John Kapica, Police Chief Rich Gross, General Foreman Mayor Wray called the meeting to order at 7:00 p.m. PUBLIC HEARING ON 2010/2011 TENTATIVE BUDGET Mr. Giaccio read the Public Hearing Notice Now therefore, be rf resolved the Board of Trustees hereby schedules a public hearing be held at 7 pm, on Tuesday, April 20 , 2010 at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from members of the public regarding the 2010-2011. Tentative budget. Francesca Spinner Asked the Board to continue its support for the Neighborhood House by including $6,000 in the budget that help funds senior citizen programs. Ms. Spinner submitted a letter to the Board (attached) Gordon Albert - Asked if the Board could allocate $10,000 in the budget for WESTCOP. Mr. Albert submitted a list of programs that WESTCOP will offer (attached) th p Jim Hart - Asked if the Village could include in the budget $10,000 for WESTCOP. Joe Quinnen - Gave Support for Neighborhood House �Motion was made by Trustee Carr and seconded by Trustee Stupel to close the public hearing on the 2010/2011 Tentative Budget. The motion passed 5-0. WATER RESERVOIR - Trustee Schroedel read a statement that related to the Village's water system (attached). David Smith from Saccardi and Schiff gave a presentation on the proposed water tank. The Village is currently not in compliance with Health Department regulations for water storage capacity. The Village currently has approximately 870,000 gallons of storage capacity and the new tank would provide approximately 2.4 million gallons of storage capacity. Discussion ensued. WSG PRESENTATION - Justin Creswell from WSG gave a presentation to the Board on the Village's computer system and service agreement memo to the Board (attached). The Village Board is unhappy with the current state of the Village's IT system. Discussion ensued. DOUGLAS PARK PLAYGROUND - A presentation was made by the "Friends of Douglas Park". The group is promoting the idea of building a natural playground in Douglas Park and is recommending using "Follow the Child" to do the design. Rachel Hansen read a letter to the Board (attached). Discussion ensued. SALARY ADJUSTMENT - Mayor Wray tabled this discussion until the budget was completed. SENIOR CENTER CDBG CONTRACT - The Board reviewed a resolution authorizing the Mayor to sign a contract related to a Community Development Block Grant for the senior center. TREE PERMIT APPEAL - The Board discussed a request to reverse a Tree Commission decision FOR 247 North Broadway. SPECIAL SESSION •} At 9:10 p.m., on a motion made by Trustee Campbell and seconded by Trustee Stupel and carried unanimously, the Board moved into special session. Motion was made by Trustee Campbell and seconded by Trustee Shroedel to overturn a Tree Commission decision and allow the removal of a tree at 347 North Broadway. The motion passed 6-0. p On a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously, the Board moved out of special session �EXECUTIVE SESSION At 9:25 p.m., on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously, the Board moved into executive session to discuss legal matters. At 10:09, on a motion made by Trustee Schroedel and seconded by Trustee Campbell and carried unanimously, the Board moved out of executive session. At 10:10p.m. the meeting was adj ourned. Resoectfullv submitted. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-04-20 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/1e18338b83032c6a3c51df5d790e7d91.pdf 5b0307952cbe2e74eee13804b9fa28c3 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, April 27, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbel Karin Worn pa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village DPW General Foreman Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk John Kapica, Village Chief of Police At 7:05 p.m. the Mayor called the meeting to order with a pledge to the flag. a) Promotion Resolutions Deputy Mayor Capossela read the Resolution to promote PO Anthony Bueti to Sergeant. Trustee Worn pa read the Resolution to promote K9 Brom to Sergeant. Chief Kapica honored k9 Brom with a special Sergeant's badge and congratulated K9 Brom on his retirement and also complimented K9 Brom for all his hard work and dedication to the Police Department throughout the years. b) Public Hearing for Architectural Review Board The Village Clerk read the public notice aloud for the record. Mayor opened the meeting. Anne Marie McGinnis is a member of the ARB for the last 5 years. She expressed concerns regarding the possible elimination of the ARB. She stated that the ARB gets frustrated when approvals are not upheld or enforced. She stated that the ARB has an important role in the community and that the ARB members have specialized experience that the Planning Board members do not have. �David Pysh is the current ARB Chairman. He stated that he welcomes ARB reform. He stated that the Board used to give design advice to applicants. He stated that fences and signs should have pre-approved guidelines to provide continuity for the environment He stated that the ARB has a certain level of design experience that other Boards do not possess. Sandra Tripp is a member of the ARB for the last 4 years. She stated that she is concerned about architectural guidelines. She said that Sleepy Hollow has a lot of opportunities and that the Village should not just focus on the GM site. Michael Collen asked why the ARB is being done away. He wanted to know the reasoning. The Mayor stated that the reasons will be discussed at the next work session. Michael Collen suggested that Beekman Avenue become more pedestrian friendly. He stated that the ARB is vital to the community if it helps provide a forum for neighbors to address concerns about what their neighbors are building. Richard Piano of Harwood Ave thinks that the charter of the ARB is different from Planning Board. He stated that he is concerned about the Village. He stated that the Village is aesthetically challenged due to its different neighborhoods and the Village needs the ARB to keep these areas together. Don Cateano of 43 Lawrence Ave stated that he feels there is a lot of time wasted with this board. He stated that people should be able to do what they want with their properties. Anne Marie McGinnis asked the Mayor to elaborate regarding the mission of the ARB. Mayor Wray stated that he wanted to hear what the Village had to say regarding the ARB. He stated that the Trustees will evaluate all comments before making a decision. Chris Korziia stated that she appeared before the ARB recently. She said that eliminating this Board is not the solution. Ken Turvotian stated that he wants to know why this is happening. He wants to know what the Trustees are thinking and why this is on the table. He stated that there is not a discussion of why this on the table. Wants to know why he is down here. He asked why the Trustees are eliminating a layer that is good for the residents and the Village, Trustee Schroedel stated that the notion of disbanding the ARB is not to just give the Planning Board this authority. He stated that this is about revising Village Code and Construction. He also stated that the Village Building Inspector is a Professional Architect. He encourages the public to come to the next meeting and participate in it. He stated that there is an issue regarding legal enforcement of ARB decisions. Trustee Capossela is a former member of the ARB. He feels that the ARB is not necessary. An open discussion on the ARB ensued. �The Mayor invited the ARB to return to the next meeting. Sandra Tripp stated that the burden of Architectural reviews cannot be put on Sean McCarthy's shoulders. Trustee Worn pa wants to know how ARB makes a determination. Don Cateano stated that Phillips Manor is driving the community. He stated that what is good for one is good for all. Richard Piano stated that you can't legislate aesthetics. He stated that the public appreciates notifications regarding changes to their neighbor's properties. Mario Belanich of 153 N, Washington Street said a few years ago there was a resident that wanted to paint their house and they didn't get the color approved. He stated that Jerry Deli's closed and moved because he could not get approvals. Since there were no additional public comments, the public hearing was adjourned at 8:15 pm to the next meeting. c) Approval of Minutes The minutes for 7/14/09, 3/23/10, 4/6/10, 4/13/10 and 4/20/10 were reviewed. Trustee Carr made a motion to approve the minutes as amended. Trustee Stupel seconded. It was unanimous (6-0). d) Approval of Warrants Trustee Carr made a motion to approve the six warrants as amended, totaling $730,502.15 Trustee Schroedei seconded. It was unanimous (6-0). e) Mayor announcements The Mayor stated that a lot of the work of the Trustees is done by Committees. He announced the following committees: Administration - Chair-Trustee Wompa, Trustee Stupel and Deputy Mayor Capossela Community Relations - Chair-Trustee Campbell, Trustee Carr and Trustee Wompa Finance Committee - Chair-Trustee Schroedei, Trustee Carr and Deputy Mayor Capossela. Government Relations - Chair- Trustee Stupel, Trustee Wompa and Trustee Campbell �Public Safety - Chair- Trustee Schroedel, Trustee Wompa and Trustee Capossela Public Works - Chair -Trustee Capossela, Trustees Schroedel and Wompa Recreation Committee - Chair - Trustee Campbell, Trustee Stupel and Trustee Carr Senior Citizens - Chair -Trustee Carr, Trustee Wompa and Deputy Mayor Capossela GM Committee - Chair - Mayor Wray, Trustee Wompa and Trustee Schroedel Housing Committee - Chair- Trustee Stupel, additional members will be named at a future meeting. 0 Public Comments: Mayor Wray opened the meeting to Public Comments. Alex Martinez of Sleepy Hollow NY, stated that he was recently denied a permit to use Devries Park. He stated that his family has been using the park for 20 years and they paid fees every year to use the field. He stated that he wants to use the park for get-togethers and play softball. He also said that non-residents are using the field. Deputy Mayor Capossela said the lights are currently not working on the field and he will look into this. Mayor Wray said the preference is for the residents that live in the Village to use the parks. Alex Martinez asked why the Park fees increased so much, Mayor Wray explained that it is needed to maintain the fields. Don Cateano questioned the Board about the parks. Deputy Mayor Capossela explained that the permit denial must be centered on the fields lighting system repairs. Donna Gates stated that the residents are very excited about the Douglas park playground Resolution. She also wanted to thanks the board for the medium at the entrance of New Broadway. She asked if the alternate side parking can be changed because the parking ticket fines are $50. Janet Gandolfo, Village Attorney stated that changing the alternate side times requires a change to the Village Code. Mayor Wray responded that the fines were very low and not enforceable and that's why the fees increased to encourage people to pay attention to the rules. Don Cateano of Lawrence Avenue asked about having a permanent bathroom installed at Sykes Park. He also stated that the garbage bins on Cortlandt Street should be covered. Mario Belanich stated that the parking fines are too high. He said that residents should be given a preferred rate to pay parking tickets. Sandra Tripp thanked the Board of Trustees for the Webber Park improvements. �Don Cateano asked the Board about the parking situation on Lawrence Avenue and the repair garage that parks cars in the area. Janet Gandolfo, Village Attorney responded that the Village code was already amended for this problem. Since there were no further public comments, Mayor Wray closed public hearing at this time. Trustee Shroedei reported that the final work on the budget has been completed. He stated that the Board has made $297,000 in cuts for this fiscal year and the net tax increase for the Homestead rate is 1.99581%. The non-Homestead rate has a higher increase at 5.49471% Trustee Carr reported that there will be a presentation about gasoline powered leaf blowers in the Village. Trustee Campbell stated that the Branding Committee met yesterday. He stated that they are investigating the possibilities of getting corporate sponsorship for Halloween. Mayor Wray asked that the Committee focus on other things as well, not just Halloween. Trustee Carr stated that we need short-term goals for Halloween. Deputy Mayor Capossela stated that T-baii will take place on Saturdays in May. He stated that hydrant flushing will be announced and that the Village's water parks will be turned on Memorial Day weekend. Trustee Worn pa stated that they are continuing to hold interviews for the Treasurer's position. Trustee Wompa also reported that the earth day event was lovely and that the Downtown Revitaiization Group will be doing mailing to landlords regarding grant money for facades. She also stated that they will continue to meet with the Principal of Morse School and Howard Smith to talk about this playground. Trustee Stupe! commented on the Safe Housing Committee, She asked for cooperation, and Mr. McCarthy will be passing on the outlines. She thanked all the Department Heads for their cooperation as well. h) Administrator's Report Anthony Giaccio, Village Administrator stated that it is not too late to respond to census. He thanked Ms. Ana Lopez and the students for all their efforts. He stated that the NYSDEC is sending out correspondence regarding the Duracell site. Mr. Giaccio asked if KVS could do a presentation for a new finance program that might save the Village money. �Trustee Schroedei arid members of the board thanked Anthony Giaccio and Clara Zamora for completing the budget. Mayor Wray thanked the Finance Committee and all Department Heads for their hard work in developing and completing the Village's budget ]) Old Business Deputy Mayor Capossela complained that the CARS garage on Lawrence Avenue is still using street parking as a personal parking lot. Mayor Wray asked Chief Kapica to enforce the Village Law for parking in this area. A discussion ensued with members of the Board, Village Attorney, and the Chief Kapica. Chief Kapica suggested reviewing the zoning in that area. Mayor Wray asked for this issue to be put on the next work session. k) Communications The Village Clerk announced that the Village received a liquor license renewal request for 230 N. Washington Street. On Sunday at 11am, the Sleepy Hollow cemetery, there will be an annual recognition for the NY State National Guard that protected the aqueduct during World War I. I) Public Comments - Don Cateano complained that his taxes were penalized last year. Janet Gandoifo responded that the Trustees passed a Resolution to address the issue with the tax penalty. Mario Belanich of North Washington Street asked if the Deputy Treasurer would take over as the Treasurer. The Mayor stated that the Board does not discuss personnel matters in public. Mario Belanich also asked why the train station parking fee is $25/month and inner Village parking is $35/month. Mario Belanich asked why the NY State Retirement System had a 30% increase. David Schroedei stated that this is a NYS Law. There were no more public comments. �At 10:10pm Trustee Campbell made a motion to adjourn the meeting. Trustee Schroedel seconded. It was unanimous. The meeting was adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk �Resolution Promoting Police Officer Anthony Bueti to Sergeant of Police WHEREAS, adequate supervision within any police agency is essential to its efficient operation; and WHEREAS, the number of Patrol Sergeants in the Sleepy Hollow Police Department is presently not adequate to provide supervision across all scheduled tours of duty; and WHEREAS, in order to help address this deficiency, the Chief of Police has recommended that an additional Sergeant's position be created as soon as practicable; and WHEREAS, Police Officer Anthony Bueti has taken the competitive Civil Service examination for the position of Sergeant of Police and presently is first on the Civil Service List for the position; and WHEREAS, the Chief of Police has recommended that Police Officer Bueti be promoted to the rank of Sergeant of Police; and, WHEREAS, the Trustees that comprise the Public Safety Committee for the Village of Sleepy Hollow concur with the Chiefs recommendation; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow hereby promotes Police Officer Anthony Bueti to the rank of Sergeant of Police, from Civil Service Eligible List #73-414 and, said promotion to become effective Monday, May 3, 2010 at an annual salary of $100,897 and subject to a probationary period of twelve (12) weeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee Capossela Seconded: Trustee Schroede! Vote: 6-0 �Resolution Promoting Canine Brom to Sergeant WHEREAS, since joining the Sleepy Hollow Police Department in March of 2005, Canine Brom has provided exemplary service to the Police department and to the residents of the Village of Sleepy Hollow; and WHEREAS, as early as January of 2006 Canine Brom demonstrated his exceptional ability by placing third out of fifty K-9 teams in a tracking trial; and WHEREAS, during his career Canine Brom has been successfully deployed to track and apprehend criminal suspects as well as to locate stolen property and evidence used in the commission of criminal acts which included significant amounts of narcotic substances; and WHEREAS, Canine Brom has always acted bravely and without hesitation when called upon to protect his human partner and other members of the police service; and WHEREAS, now that Canine Brom's retirement from service is at hand, it is fitting that the Board of Trustees of the Village of Sleepy Hollow honor his service to the Police department and the residents of Sleepy Hollow by recognizing his accomplishments and bestowing upon him a unique and special honor usually reserved for human members of the police service; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow hereby expresses its sincere gratitude for the exceptional service provided and the contributions made to the public safety by Canine Brom and promotes him to the rank of Sergeant of Police. Moved: Trustee Capossela Seconded: Trustee Schroedel Vote: 6-0 �Resolution to Accept an $11,000 Legislative Grant For Speed Enforcement Equipment WHEREAS, speeding remains one of the most prevalent causes of motor vehicle crashes in New York and the entire United States; and WHEREAS, the aggressive enforcement of speeding laws has been shown to reduce motor vehicles crashes; and WHEREAS, in order to increase its ability to successfully enforce speeding laws within the Village, the Sleepy Hollow Police department sought funding to replace the outdated and unserviceable speed enforcement equipment it presently utilizes for this purpose; and WHEREAS, to this end application was made to State Senator Andrea Stewart-Cousins for a Legislative Grant to fully fund the purchase of several new speed enforcement devices; and WHEREAS, the department's application received favorable consideration and it was awarded $11,000 for the purchase of two new Radar Speed Enforcement Kits; a new Lidar Speed Enforcement Kit and a Radar Recorder Kit; and WHEREAS, in order to access these funds the Village must officially accept the grant; NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Sleepy Hollow hereby authorizes Mayor Wray to execute the documents necessary to accept the $11,000 Legislative Grant for the purchase of this equipment. Moved: Trustee Capossela Seconded: Trustee Stupel Vote: 6-0 �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to sign agreement with Follow the Child WHEREAS, Three playground companies' submitted proposals to design a natural playground at Douglas Park; WHEREAS, The lowest proposal was submitted by "Follow the Child" at a cost of $4,500 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow authorize the Mayor to sign an agreement with "Follow the Child" to design a Natural Playground at Douglas Park at a cost of $4,500. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of the Community Development Block Grant Agreement for Phase II (b) Interior Construction of the Senior Center WHEREAS, the Sleepy Hollow Senior Center will provide a community home for the Village's Seniors, who have had an active club for over 34 years, to host club meetings, social events, activities and classes; and will help to stabilize the ethnically diverse, lowincome inner village, and encourage new investment in the neighborhood; and WHEREAS, a 2008 Community Development Block Grant of $250,000 was received for Phase 11(a), the exterior shell construction of Phase II; and WHEREAS, a 2009 Community Development Block Grant of $100,000 was awarded for Phase 11(b), which is the furnishing of the interior of Phase II; and WHEREAS, the agreement with the County of Westchester for this $100,000 CDBG grant has been reviewed and approved by Village Counsel. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, the Mayor of the Village of Sleepy Hollow, is hereby authorized to execute the Agreement with the County of Westchester for $100,000 in financial assistance for a project to complete the interior of the Sleepy Hollow Senior Center; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Wompa Seconded: Trustee Carr Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Decline Transportation Enhancement Program Grant for Rehabilitation of Kingsland Point Park Pedestrian Overpass WHEREAS, the Village of Sleepy Hollow was awarded a $478,613 grant to rehabilitate the Kingsland Point Park Pedestrian Overpass, across the Metro North Railroad tracks between DeVries and Kingsland Point Parks. The grant was awarded by the New York State Department of Transportation under the Transportation Enhancement Program (TEP), has Department of Transportation PIN 8780.31, and requires a local match of $119,653.25 which is 20% of the total project cost; and WHEREAS, the Pedestrian Overpass is owned by Westchester County and the grant application provides for Westchester County to contribute the required local match; and WHEREAS, Westchester County advised in January 2009 that they are unable to commit funds to the project at this time; and WHEREAS, the Village of Sleepy Hollow is unable to commit the funds to this project; and WHEREAS, in Fall 2009 the Village explored redirecting the funding to another project but the Department of Transportation advised that, because of the way TEP projects are competitively selected it is not possible to transfer funding from one project to another; and WHEREAS, the Department of Transportation desires to know whether or not the Village has decided to withdraw from this grant project. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to withdraw from the grant project to rehabilitate the Kingsland Point Park Pedestrian Overpass and, thereby, to decline the New York State Department of Transportation's Transportation Enhancement Program grant; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and ail such steps as are necessary to effectuate the intent of this resolution. �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to retain Toski, Schaefer & Co., P.C. WHEREAS, Three auditing firms' submitted proposals to provide an independent financial audit for the Village's 2009/2010 fiscal year; WHEREAS, The lowest proposal was submitted by "Toski, Schaefer & Co., P.C. "at a cost of $25,000, NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow authorize retaining "Toski, Schaefer & Co., P.C. to provide the Village with an independent financial audit for the 2009/2010 fiscal year at a cost of $25,000. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �DECLARATION OF LEAD AGENCY AMENDMENT TO VILLAGE CODE WHEREAS, under New York State Village Law, the Village of Sleepy Hollow Board of Trustees (the Village Board) may create or abolish by resolution offices, boards, agencies and commissions and delegate to said offices, boards, agencies and commissions so much of its powers, duties and functions as it shall deem necessary for effectuating or administering the board of trustees duties and functions; and WHEREAS, previously on May 5, 1989 by Local Law 7,1989, the Village Board had established an Architectural Review Board (ARB) and associated legislation to govern the duties and activities of the ARB; and WHEREAS, said Local Law was amended on April 25,1997; and WHEREAS, the Village Board has given due consideration as to the dissolution of the ARB (the Proposed Action); and WHEREAS, the proposed action is classified as a Type II action under Sections 617.5 (c) (20) of the State Environmental Quality Review Act (SEQRA); and WHEREAS, a Lead Agency must be established for the environmental review of the proposed action, pursuant to the requirements of SEQRA; and WHEREAS, the Village Board is the only entity with the ability to create or abolish offices, boards, agencies and commissions within the Village; and WHEREAS, the Village Board held a hearing on April 27, 2010 to hear and consider comments from members of the public regarding the proposed action; NOW, THEREFORE, BE IT REOLVED, that the Board of Trustees does hereby declare itself to be the lead Agency in this matter. Moved: Trustee Campbell Seconded: Trustee Stupel Voted: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the Water Fund Budget for the Fiscal Year 2010-2011 Be it Resolved, that the 2010-2011 Budget concerning the Water Fund be adopted in the amount of $3,605,000. Said adoption being pursuant to the Provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for Villages and the Uniform System of Accounts as set forth in the Manuals issued by the Division of Municipal Affairs, Albany, New York. Moved: Trustee Schroedel Seconded: Trustee Campbell Vote: 6-0 Meeting Date: 04/27/2010 Resolution # 04/71/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve the Water Consumption Rates for the Fiscal Year 2010-2011 Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow confirms that the rates per cubic feet for water usage for Fiscal Year 2009-2010 shall be as follows: 2010-2011 Water Rates Cubic Feet 0-500 501-3000 3001-6000 6001-20,000 20,001 and over Per Thousand Cubic Feet $24.00 minimum $42.00 $52.50 $68.50 $114.00 Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to Execute the Tax Warrant for the Collection of Taxes for Fiscal Year 2010-2011 Be it Resolved, that the Mayor be authorized to sign the Tax Warrant in the amount of $8,964,036. For the collection of the 2010-2011 taxes, and that the same be presented to the Treasurer and Tax Collector with the Assessment Roll. Moved: Trustee Schroedei Meeting Date: Resolution # Seconded: Trustee Carr Vote: 6-0 04/27/2010 04/73/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Set Due Dates for the First and Second Village Tax Installment for Fiscal Year 2010-2011 Be it Resolved, that the tax payments be in two installments, the first installment is payable on June 1, 2010 and continuing up to and including June 30, 2010 and the second installment is payable up to December 31, 2010, Moved: Trustee Schroedei Seconded: Trustee Carr Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Set the Rate of Penalty for Unpaid Taxes for Fiscal Year 2010-2011 Be it Resolved that the taxes and other assessments, if any, are due in full by June 1, 2010. The first installment may be paid without penalty from June 1, 2010 through June 30, 2010. The second installment may be paid without penalty through December 31, 2010. Penalties are 5% for the month of July with each month thereafter at a rate established annually by the State Tax Commissioner. On the second installment, penalties are 5% for the month of January with each month thereafter at the State established rate. All penalties apply to a month or any fraction thereof Moved: Trustee Schroedel Meeting Date: Resolution # Seconded: Trustee Carr Vote: 6-0 04/27/2010 04/75/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the Total Assessed Valuation for the Homestead and Non-Homestead Portions of the Tax Roll for Fiscal Year 2010-2011 Be it Resolved, that for the 2010-2011 fiscal year, the Total Taxable Assessed Valuation for the Homestead portion of the tax roll is $199,484,067 and the Total Assessed Valuation for the Non-Homestead portion of the tax roll is $52,147,157. Moved: Trustee Carr Seconded: Trustee Schroedel Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the General Fund Budget for Fiscal Year 2010-2011 Be it Resolved, that the 2010-2011 Budget concerning the General Fund be adopted in the amount of $13,006,806. Said adoption being pursuant to the provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for the Villages and the Uniform System of Accounts as set forth in the manuals issued by the Division of Municipal Affairs, Albany, New York. Moved: Trustee Campbell Meeting Date: Resolution # Seconded: Trustee Schroedel Vote: 6-0 04/27/2010 04/77/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the Tax Rate for Homestead and Non-Homestead Properties for Fiscal Year 2010-2011 Be it Resolved, that the tax rate be levied pursuant to law and that the rate be $29.5653 per thousand of assessed value for Homestead properties and $53.5970 per thousand of assessed value for Non-Homestead properties, for Fiscal Year June 1, 2010 through May 31, 2011. Moved: Trustee Capossela Seconded: Trustee Campbell Vote: 6-0 Meeting Date: 04/27/2010 Resolution # 04/78/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Ratify the Budget Adopted by the Parking Authority Board for Fiscal Year 2010-2011 Be it Resolved that pursuant to approvals by the Parking Authority Board, the 2010-2011 Budget for the Parking Authority is herein ratified in the amount of $350,000. Said adoption being pursuant to the Provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for Villages and the Uniform System of Accounts as set forth in the Manuals issued by the Division of Municipal Affairs, Albany, NY. �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve the Parking Permit Rates for All Lots for a Fee of $35/month Except the Philipse Manor Train Station for a Fee of $25/month for Fiscal Year 2010-2011 (No Change in Rates from the Prior Year) Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow confirms that the rates for parking permits in all lots be $35/month except for the Philipse Manor train station set for $25 for the fiscal year 2010-2011. Permits are sold for a 6 or 12 month period or on a pro-rated basis for non-renewals. Moved: Trustee Wompa Meeting Date: Resolution # Seconded: Trustee Stupe! Vote: 6-0 04/27/2010 04/80/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the Sanitation Fund Budget for Fiscal Year 2010-2011 Be it Resolved, that the 2010-2011 Budget concerning the Sanitation Fund be adopted in the amount of $438,000. Said adoption being pursuant to the provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for the Villages and the Uniform System of Accounts as set forth in the manuals issued by the Division of Municipal Affairs, Albany, New York. Moved: Trustee Stupel Meeting Date: Resolution # Seconded: Trustee Campbell Vote: 6-0 04/27/2010 04/81/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve the Rates for Sanitation for Fiscal Year 2010-2011 Be it resolved that the Board of Trustees of the Village of Sleepy Hollow confirms that the rates for sanitation for Fiscal Year 2010-2011 shall be as follows: (see attached rate schedule). �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the Sewer Fund Budget for Fiscal Year 2010-2011 Be it Resolved, that the 2010-2011 Budget concerning the Sewer Fund be adopted in the amount of $425,000. Said adoption being pursuant to the provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for the Villages and the Uniform System of Accounts as set forth in the manuals issued by the Division of Municipal Affairs, Albany, New York. Moved: Trustee Capossela Meeting Date: Resolution # Seconded: Trustee Stupel Vote: 6-0 04/27/2010 04/83/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve the Sewer Consumption Rates for Fiscal Year 2010-2011 Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow confirms that the sewer consumption rates for Fiscal Year 2010-2011 shall be as follows: Rate: $4.50 Minimum 16.50% of Water Usage Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Set the Rate of Penalty for Unpaid Water, Sewer, and Sanitation Usage for Fiscal Year 2010-2011 Be it Resolved, that penalties shall accrue against water, sewer, and sanitation usage fees as follows: There shall be charged a penalty on past due water, sewer, and sanitation usage at a rate of 10% following the thirty (30) days from the date of the billing. Moved: Trustee Wompa Meeting Date: Resolution # Seconded: Trustee Campbell Vote: 6-0 04/27/2010 04/85/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve Annual Salaries for Mayor and Board of Trustees Be It resolved that the Board of Trustees does hereby approve the following annual salaries for the Mayor and members of the Board of Trustees as follows: Trustees: $ 4,750 Mayor: $11,400 Moved: Trustee Wompa Seconded: Trustee Schroedei Vote: 6-0 �[VILLAGE O F SLEEPY HOLLOW REVISED SANITATION RATES - RETROACTIVE TO 25% reduction for 2 and 3 family (including seniors) and food service to $3G0/qtr | I I 0.75 SANITATION RATES - PROPOSED after adopted budaet QRTLY F.Y. 2009/2010 PROPOSED 2009/10 RATE QUARTERLY BILLING HOMESTEAD | 40.00 1 FAMILY HOME CONDO 20.00 1 FAMILY HOME CONDO SENIOR/VETER. 2 FAMILY 2 FAMILY SENIOR/VETERAN 3 FAMILY 3 FAMILY SENIOR/VETERAN NON-HOMESTEAD FOODSERVICE I FOOD SERVICE MFG OTHER COMM'L AUTOMOTIVE USE MULTI FAMILY APTS; 4 FAMILY 5 FAMILY 6 FAMILY 7 FAMILY 8 FAMILY 9 FAMILY 10 FAMILY 11 FAMILY 12 FAMILY 13 FAMILY 16 FAMILY SCHOOL DISTRICTS EXEMPT NON PROFITS • • • 1 600.00 220.00 105.00 95.00 120.00 145.00 170.00 195.00 220.00 245.00 270.00 295.00 320,00 390.00 3,850.00 75.00 MONTHLY: NON-HOMESTEA D HOUSING DEVEL HOSPITAL/HOUSING PROJ jRATE CHANGED 885.00 475.00 _ 6/1/OS � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-04-27 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/c3c2535fc52e2d505043a71390adb266.pdf 24f7b8974ed11f137042bb0c36808c2b PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, May 11, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hoilow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbell Karin Worn pa Evelyn Stupei, Trustees Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village DPW General Foreman Sean E. McCarthy, Village Building Inspector Paula A. McCarthy, Village Clerk John Kapica, Village Chief of Police At 7:05 p.m. the Mayor called the meeting to order with a pledge to the flag. Mayor Wray requested a moment of silence for the passing of long-time Village resident Joanne Collins as well as for the family of DPW employee, Joel Quiniardos. Public Hearing for Architectural Review Board The Village Clerk read announcement for the continuation of the public hearing. The Mayor opened up meeting to the public. He stated that this meeting will be on the agenda at the next work session and the next Trustees meeting. David Pysh, of Sleepy Hollow, ARB chairman, read a prepared letter regarding the approvals and disapprovals over the last 3 years. Trustee Capossela said the memorandum was very helpful. Since there were no further public comments, the Mayor adjourned this public hearing. Approval of Warrants Trustee Schroedel made a motion to approve the warrants as amended. Trustee Capossela seconded. It was unanimous (5-0). �Trustee Reports Trustee Schroedei- had nothing to report. Trustee Carr - stated that the design-bid for the Douglas playground was awarded to Follow the Child. She stated that there will be 3 meetings with this company regarding the design if anyone wants to attend. The meetings will be held on May 12 and May 26th at 7pm in Village Hall and at June 5 th at the park at 10 am. Trustee Carr - stated that the Environmental Advisory Council (EAC) will be completing its research on the use of gasoline leaf biowers. A presentation will take place on May 18th. She also stated that the EAC would like the existing traffic study to be extended to include the intersection from yesterday's accident scene. The Mayor said we will request this in the future. Trustee Campbell - stated that there was a meeting with the Mayor and the Sleepy Hollow Manor residents. He stated that he wants to try and schedule a work session at the senior center in June. Trustee Capossela - stated that on Saturday May 15th at 10am, there will be a Police award ceremony in Village Hall. Trustee Capossela stated that there was a water shutdown on May 10th. He also stated that he met with John Korzelius and Jerry Navin and Charles Depaoio for improvements to the TNT batting cage. He stated that he met with Robert Moon regarding the Memorial Day parade. He also stated that the Fire hydrant flushing will continue this week. Trustee Capossela stated that the air quality testing in the Village Hal! basement has been completed and recommendation was made to clean mold. He also stated that he went with the Mayor to the Sleepy Hollow cemetery last Sunday. Trustee Wompa stated that the Administration Committee is still reviewing resumes and interviewing for the Treasurer position. Chief Kapica stated that this week is a Presidential Proclamation for police officers who have lost their lives in the line of duty as well as recognizing officers for outstanding service. He stated that the ceremony will start at 10am and last about one hour. �Administrator's Report Anthony Giaccio stated that the Division St water and sewer negotiations were settled this week. He stated that the maintenance request at Kingsland Park was responded to by Westchester County. He provided an update on the status of severai Village projects; Installation of Devries lights is moving forward. The Rt 9 culvert is now back on track and will take a week to complete. The Pocantico streetscape project will start within a week. Mr. Giaccio spoke about the Village's storm water drain maintenance as well as its procedures and how it is providing information to the public. Richard Gross, General Foreman, spoke about the Catskiil pump station and a recent problem with the water supply. He stated that this is the first source of water for the Village and that the station is monitored 24/7 for water level and water pressure. He stated that when it falls below a certain level, a computer program calls the water department but during off hours the Village Police are called. He also stated that DPW employee, John Arena, responded, on this particular incident around 8:45pm and noticed that there was a dip in the chart but he made sure that everything was ok. Around 3am, the Police Department received a call that there was no water in a limited area of the Village. John Arena and Richie Gross responded immediately and found that the pumps were down and the reservoir levels were very low. He stated that they got the station up and running on manual mode. When the water started back it was brown. He stated that they contacted technicians to address and determine why the 2nd call was not received. He stated that about 35 homes were effect and were out of water for about an hour, Richard Gross stated that this tank is monitored 24/7 and with the new tank, this situation won't happen again. The Mayor said we need a new water reservoir. We don't have enough water in our reservoir for a day and it's critical that we get this system upgraded. Trustee Capossela stated that he met with the DPW technicians today and will have suggestions by the end of week. He stated that he would like Richard Gross and John Arena to explain what is recommended. Richard Gross stated that the technician found one fault and will be developing a cost Public comments Triathlon people talked and thanked for a pleasurable event opportunity. The Mayor said it is a great event and the Village is happy they are back. �Resolutions See attached. Mayor's Announcements There was none. Public Comments Paul Wichmann stated that he did not get reply from building dept regarding a Certificate of Occupancy for his driveway. The Mayor asked Mr. McCarthy to respond in writing to Mr. Wichmann. Mary Elien Joy of Riverside Drive wants to know about the Metro North fence that goes across the road. She stated that young peopie cross over the fence and it's dangerous. She stated that the Village needs to look at which barriers are not working. She also stated that the DPW is not using Kelbourne Ave the right way. She stated that trucks are going the wrong way. She also stated that several neighbors asked for paving on Riverside Drive between Monroe and Harwood Avenues, Richard Gross responded that if DPW drivers violate traffic rules they will be fined. The Mayor said that in addition to disciplinary actions they will be fined by PD. At 8:10pm, Trustee Schroedel moved to adjourn the meeting; it was seconded by Trustee Campbell. At 8:10pm, Trustee Carr moved, seconded by Trustee Wompa to go into executive session to discuss a personal matter. At 8:11pm Trustee Schroedel rescinded his motion to adjourn the meeting, seconded by Trustee Campbell. At 8:20pm, Trustee Schroedel moved to adjourn the meeting; it was seconded by Trustee Campbell. Respectfully submitted, Village Clerk �Meeting Date: 5/11/2010 Resolution No.: 5/87/2010 W H E R E A S , the Village of Sleepy Hollow Fire Department purchased a second-hand 1987 Steiger Craft 25 foot Pilothouse Utility Boat in March 2004, The boat, formerly a towing vessel, was updated and modified to serve as the fire boat for the Village of Sleepy Hollow; and W H E R E A S , being 23 years old, the boat requires extensive maintenance each year, some of which work the fire department volunteers do themselves while other jobs require the expertise of staff at the marina. The cost of this maintenance is estimated by the fire department at around $5,000 per year; and W H E R E A S , the marine unit use the boat to respond to approximately 40 to 50 calls per year including such incidents as boat fires, watercraft accidents, swimmers in distress, bridge and land fire support, missing boaters, suicide jumps, and assistance to law enforcement investigations; and W H E R E A S , fire department staff have noticed a significant increase over the iast few years in the number of people attempting suicide jumps from the Tappan Zee bridge, ail except two of whom were retrieved from the river by Sleepy Hollow and neighboring marine units; and W H E R E A S , a grant funding source has been identified to assist the Fire Department purchase a new fire boat, which requires a 5% Village cash match. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the Federal Emergency Management Agency in accordance with the provisions of the Assistance to Firefighters Grant Program, in an amount not to exceed $170,000, and upon approval of said request to enter into and execute a project agreement with the Federal government for such financial assistance for purchase of a new fire boat; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Schroedel Absent: Trustee Stupel Seconded: Trustee Campbell Vote: 5-0 �PUBLIC HEARING NOTICE P L E A S E T A K E N O T I C E the Board of Trustees of the Village of Sleepy Hollow will hold a continuation of the public hearing on Tuesday, May 11, 2010 at 7 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from members of the public regarding an amendment to the Village Code, eliminating Chapter 6, entitled Architectural Review Board and amending Chapter 62 to give certain duties now performed by the Architectural Review Board to the Planning Board. A copy of the proposed revisions to the Village Code is available at the Village Clerk's office, Monday-Friday from 8:30 a.m. to 4:30 p.m. Ail interested parties are invited to attend and be heard at said hearing. Village Hall is accessible to the handicapped. By Order of the Board of Trustees Dated: April 27, 2010 Paula A. McCarthy Village Clerk p �Meeting Date: 5/11/2010 Resolution No.: 5/88/2010 W H E R E A S , the Village of Sieepy Holiow Fire Department and EMS' communications system is old and inadequate, with a single antenna site on Tappan Hill School in Tarrytown, resulting in dead spots in which emergency personnel are unable to receive messages transmitted by their colleagues. Such dead spots include the lower inner village, sections.of the Hudson River and highly populated buildings such as Phelps Hospital, Kendal on Hudson and Sleepy Hollow High School; and W H E R E A S , Motorola has recommended a communications solution which includes additional receivers at Sleepy Hollow High Schooi, Kendal and Phelps Hospital, a repeater at the base station on Tappan Hill Schooi and the inclusion of a battery backup, lightning and surge protection to insure reliability; and W H E R E A S , the Fire Departments' Self Contained Breathing Apparatus packs, which have a recommended life of ten years, are sixteen years old and showing significant wear and tear, with over half of the Department's equipment repairs budget being spent on repairs to the SCBA packs each year; and W H E R E A S , a grant funding source has been identified to assist fund the cost of new Self Contained Breathing Apparatus and the required communications upgrade. This grant program requires a 5% Village cash match. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the Federal Emergency Management Agency in accordance with the provisions of the Assistance to Firefighters Grant Program, in an amount not to exceed $170,000, and upon approval of said request to enter into and execute a project agreement with the Federal government for such financial assistance to purchase new SCBA packs as well as the components of the recommended communication system upgrade; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Absent: Trustee Stupel Seconded: Trustee Capossela Vote: 5-0 �Meeting Date: Resolution No.: 5/11/2010 5/89/2010 Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Resignation of Lorene Straughen WHEREAS, Secretary to the Village Administrator by the attached letter dated May 3 rd , 2010, submitted her resignation from the Village of Sleepy Hollow. WHEREAS, said resignation must be formaiiy accepted by the Village of Sleepy Hollow Board of Trustees, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village accepts the resignation of Lorene Straughen dated May 3, 2010 and effective May 14th, 2010, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Lorene Straughen and a copy be placed in her personnel record with proof of service. Moved: Trustee Capossela Absetn: Trustee Stupel Seconded: Trustee Campbell Vote: 5-0 �Meeting Date: Resolution No.: 5/11/2010 5/90/2010 W H E R E A S , Police Sergeant, Paul Hood, by the attached letter dated April 19, 2010 submitted his retirement announcement letter from the Sleepy Hollow Police Department W H E R E A S , said retirement announcement letter must be formally accepted by the Village of Sleepy Hollow Board of Trustees, and W H E R E A S , the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village accepts the retirement of Paul Hood dated April 19, 2010 and effective May 3, 2010 and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Paul Hood and a copy be placed in his personnel record with proof of service. Moved: Trustee Carr Seconded: Trustee Schroedel p . Vote: �Meeting Date: Resolution #: 05/11/10 05/91/10 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Authorizing a Raise for Certain Non-Union Employees WHEREAS, the following three municipal employees: Sean McCarthy, Richard Gross and Anthony Giaccio have employment contracts with the Village, and WHEREAS, Mayor and Board of Trustees have reviewed the performance of said employees; discussed their respective performances to date, and wish to increase their salaries. NOW, THEREFORE, BE IT RESOLVED that a 2% per annum salary increase shall be granted to the above employees effective from the anniversary date of each contract; and BE IT FURTHER RESOLVED, that all terms and conditions of said contract agreements shall be carried forward in full force and effect for the term of the contract in calendar year 2010. Moved: Trustee Schroedel Absent: Trustee Stupei Seconded: Trustee Campbell Vote: 5-0 �11 May 2010 MAY 11 Z010 BUILDING DEPT. Dear M a y o r Wray and Trustees of the Village of Sleepy Hollow, VILLAGE OF SLEEPY HOLLOW I am writing to respond to the current proposal that the present Village code regarding the responsibilities of the Architectural Review Board (ARB) be revised substantially. As the chairman of the ARB for the past several years, I suppose the responsibility is mine to provide the retrospection on our functioning over the past few years to allow this decision as to whether it is serving the needs of the community to be adequately informed. To begin, I am not invested in preserving the ARB in its exact current form necessarily, nor am I invested in remaining on it or as its chairman. I have been happy to provide my service as the required NYS registered architect and as a resident w h o very much appreciates the physical characteristics of our Village. I am prepared to resign this position so that the following views not be seen as biased. Although, I do personally believe that reform is warranted, it is obviously a question of what specifically the reform is. The current code is rather precise in its language on the scope of responsibilities and area of focus for the ARB. M y view is there is no need to start from scratch. I believe that some consolidation of the approval boards is wise to consider. Perhaps even to the extent that the Planning Board, Zoning Board of Appeals and the ARB could be brought into one coordinated operation. Although there is greater time demanded on such a consolidated board the duplicated time presenting projects to three boards and the inefficiencies of informing all the boards of each others' issues and judgments would both be eliminated, just as one example, it would take a little more consideration to do justice to this severe of a change. I am sorry for not having been able, in these two weeks, to complete as comprehensive of a retrospective of the ARB as I would personally feel is appropriate in this case. I would have thought the following to be a reasonable prelude to taking action: How many applications have been heard? How many have been approved? How many appearances were there by the applicant? What was the scope of the proposal? Fence? Sign? Single Family Res.? Commercial Dev.? Were there amendments made to the proposal by the ARB? What were the actions of the other boards on the applications? What was the record of grievances? Were they sensible? What is the setup for other Hudson River Valley Towns? Tarrytown? Etc.? This would be important to expose for you, the trustees, and the community just what the ARB has been doing, so as not to rely on snapshots of the record that on their own can be misleading of the total. I've seen that people generally think it is useless when they are applying for a permit, but those same people want something there to restrain possible changes by others that they don't like. �To start, if the any adjustment has the effect, intended or not, to reduce the community oversight on Sarge scale development, it will very likely be destructive for the Village. Exercising restraints over homeowners and small businesses is clearly not where major effects are and also not where the damage can be done. Those who live and work here in the community are inherently invested in its longer term desirability. Commercial development cannot credibly argue the same long term concern, and having control over the natural tendencies of commercial construction and development to serve these long term aims of the village is in my view a large part of the responsibility of local g o v e r n m e n t It is frankly quite simple to make changes to the current ARB opperation that meet the concerns of overburdening our community residents, while maintaining the function of enlisting qualified local residents to consider and assess the merits of large scale d e v e l o p m e n t To prioritize a f e w critical points: The first and most important issue is to address the idea that an ARB is dominantly about imposing aesthetic opinions. This is a very uninformed view. W h e n an ARB becomes about this, I disagree with it as well. M y perspective as an Architect is to deal with the quality of the planning and if the appropriate time and energy was spent by the Applicant/Designers considering the proposed project. Those of us w h o work in the Architecture/Design field understand how many decisions are needed to adequately describing a building of even the single family scale, and how common it is for considerations to be ignored and/or done hastily and with inadequate care. 1 feel that the village should grant itself the ability to insist that design professionals spend the appropriate time and care thinking about how to build what will become installed in fabric of the Village for decades. Nearly always, this modest added effort delivers the most benefit to those whose project it is. Typically, in relation to the hard cost of construction the soft costs are trivial. The focus is and should be on the higher quality service from the soft costs, and less on the hard costs; advocating for upgrades in material quality. This is what the ARB for the past few years has focused on providing. The most meaningful way to keep the focus on these issues is with the makeup of the boards. As stated at the public hearing on April 27th, it is arguably less critical to the Village deriving the desired benefits from an ARB type mechanism, that there are certain boards with different functions, and more critical that the professional backgrounds and experience of the members of the boards be appropriate to the task of most fully understanding and advising on the built environment Although there are many profession that participate in arena of building and construction, and a diversity of these roles are useful and needed. NYS licensed Architects are the only profession with the authority to certify building designs for review and approval by NYS. They are also the field that concerns itself with the quality of the built environment, and are the ones with the most credibility and knowledge of the field to address claims of hardship by the applicant for being asked to make design alterations, and the ones most appropriate to the subject of the built quality of the village. Therefore the requirement of one NYS licensed Architect to be on the ARB needs to be preserved, and I would suggest expanded. Because the great majority of ARB applications have been for very small scale issues of fences and signs, and because these represent the greatest ratio of effort on the part of the applicant in relation to the cost, 1 recommend that the alternative approach of instituting preapproved design options for fences and signs be considered. This would streamline the process of applicants w h o are satisfied with the options and still leave it open for those who want to propose something unique to do so. It also has the desirable effect of incentivizing cohesiveness for small scale built elements. �i? Because I believe that the ARB requirements are the only ones that insist on notification of the property owners of proposed construction, I recommend that this function be preserved in whatever alteration is enacted.' In order to serve the diversity of neighborhoods correctly and to combat the perception that this is about one set of residents imposing their wishes on others, I recommend that all the boards made up of geographically dispersed member. Typically, an ARB exists in communities with a distinct historical character which is a significant asset to the location. The ARB is the forum and arbiter attempting to maintain this built character and its value to the community. In our case it is about preserving quality and maintaining standards, ie. Responding to property owner proposals, but we will also realize something much more productive by developing an enlarged vision of what we want to see happen and by putting out incentives to get us there. With a focus on: creating an even more active pedestrian life along Beakman and Cortland Streets, the key anchor points along these corridors, especially the terminal points and especially the river ends. Of course it misses the point to think of a forward vision without looking at the G M site. This subject is huge and not adequately dealt with as an adjunct to the ARB subject, but as it is looming, and as someone who was brought into the ARB to contribute to the G M considerations, and be present for most of the process, I would strongly highlight the following: Much of the ultimate quality is cast in early choices: in the caliber of the design professionals that are brought into it and in the caliber of the key ideas used to organize the project. The quality the first greatly impacts the quality of the second. This cannot be stressed enough. If the initial thoughts are clumsy, the mass of following time is spent trying to shine up these early failings. Design expertise is relatively inexpensive. The best talent pool in the county is 22 miles away. Big projects are big carrots that cause people to pursue and compete for them for no initial cost. This informs the decision makers and expands their view of what is possible. The visual appeal of our village and its neighborhoods is a community asset that has been contributed to for decades by hundreds of families. The appeal and desirability of any one property is absolutely not a function of only that which is within its property lines. I expect that we all admit that its desirability is at least in part a function of its surroundings. The neighborhoods have intuitionalized patterns grown over decades, that are their identity, that people use in making their decisions to settle there and have some right to a continuity of it into the future. The legal facts are that there are controls on property use. The seemingly more subjective, but real considerations relevant to an ARB are clearly on the continuum of other property use restrictions. A reasonable limit to this that grants the property owner their due rights, to satisfy their wishes for having the home they want, is to put the burden of proof for requiring adjustments on the Board in the case of the ARB. As the burden would be on the property owner in the case of the ZBA. (there are instituted zoning restrictions that we have all been living with and that have created the density character of the village, why should the applicant be exempt from these and be able to deviate from this character?) As might be expected, those with the lease political and economic power are likely to be the ones most hurt by diminishing an ARB type public forum. Those w h o will have to now create their own forum to respond to physical changes in the community that do not serve them well. As an example that goes to the record of the ARB; the high rise residences on Valley Street were forced to be 10 feet back from the sidewalk, like every other building on that street, and are not built at the edge of the sidewalk because of ARB objection to that proposal even thought there was a Zoning variance granted. This example is �E probably the biggest positive affect we have in the past years because it was the biggest construction project we saw that was completed. Because most of the work is small scale, any positive influence is small scale, but it adds up. I sincerely hope this has been some aid in considering what you are going to do with Village code changes. I expect that there is a lot for you to address in your roles as village trustees, and this is only a part, but as I think have been made clear these matters of our villages built environment are the most difficult to change later. One last thing, if the current ARB considerations are in any way prompted by the complaints of individual property owners, I think there is a need to make that transparent. Very Sincerely, David Pysh Village of Sleepy Hollow Architectural Review Board Chairman � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-05-11 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/fb2004454509ea1ee633de6fce8b6e27.pdf 013f9e8c112bb8afd3030f3fe1ed7ee1 PDF Text Text ������ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-05-18 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/00b8c58bf88eaf52f479825139a4060e.pdf ae19bedfde58d02d503aacc483826f37 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, June, 8, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela Barbara Carr Bruce Campbell Karin Wompa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Paula A. McCarthy, Village Clerk John Kapica, police chief Absent: David Schroedel, Trustee At 7:05 p.m. the Mayor called the meeting to order with a pledge to the flag. The Village Clerk read the public Hearing announcements for the Public Hearing regarding revisions of the Architectural Review Board and the Public Hearing announcement for the Leaf Blowers Code Change. Mayor opened the meeting to the public and evoked the 5 minute rule: Mayor stated that a letter was received regarding the Leaf Blowers from the Dafers. See attached letter. Amy Perrett submitted a letter - see attached. Mr. Calamandri submitted - see letter attached. from Sleepy Hollow, addressed the Mayor and the Board and submitted a letter - see attached. Richard Plano, of 157 Millard addressed the Mayor and the Board and stated that he has served on the Planning Board and the Board of Trustees and he strongly opposes to the demolishing of the Architectural Review Board. See letter attached. Donald Stever of 134 Hunter Avenue addressed the Mayor and the Board of Trustees and stated that he has worked with Tommy and Janet in the past. He stated that if the ARB is abolished it should not be turned over to the Planning Board since they do not have the experience. lim Nazemetz of Sleepy Hollow reported a sample of statistics with total numbers of appearances per applicant. He also stated that denials were only for those David Physh �that submitted applications and then didn't appear. Patrick Munroe of New Broadway addressed the Mayor and the Board of Trustees and stated that he has lived in Sleepy Hollow for 66 years. He stated that his neighbor uses a leaf blower while he's having dinner and early in the morning. He asked that the Board find a resolution to appease everyone involved. of 134 Hunter Avenue asked how the Village Board came to decide to change the leaf blower code. He started there should be exemptions to this change. Jim Nazemetz of 10 Millard Avenue addressed the Mayor and the Board regarding the leaf blowers. He stated that leaf blowers are a threat to all, including children and the elderly. The air is polluted and there's noise. He also stated that the damage to the leaf blower operator, such as hearing loss and lung damage may occur if they don't use the proper equipment. John Oakley Diane Fiorella of Gordon Avenue addressed the Mayor and the Board and said she has recently been reading materials about hazardous conditions. She stated that the neighborhood has a lot of young children and she is concerned about the hazardous conditions. of 124 Van Tassel addressed the Mayor and the Board and stated he has lived for 3 years in an apartment and he used a small blower but states that the rack is better. He stated that blowers smell and are noisy. He also stated that he works from home and has to be interrupted while on phone calls because of the noise. Patrick Martin of 26 Palmer Avenue addressed the Mayor and the Board and complained that blowers are very noisy, produce lots of fumes. Adam Straus of 166 Farrington addressed the Mayor and the Board and stated that this situation is bad because many people in the neighborhood work in the city and want their yard to look nice. Lawn services go on all week and a further seasonal restriction would be better. She has witnessed gardeners blowing nothing and it would help to restrict that. She stated this would be a reasonable proposal. Amy Bianca David Psych of 2 Highland Lane stated that the blowers should be banned. of 12 Spruce Street addressed the Mayor and the Board of Trustees and stated that Xerox owns the property next door to him and he has watched the gardeners blow dust around He hopes that this also applies to the Village DPW Dept. Ed Andrews Mayor stated that this does not apply to electric blowers. A resident of Rice Avenue addressed the Mayor and the Board and stated that he likes to play outside with his kid outdoors and suggested that blowers not be used on Sundays. �of Sleepy Hollow addressed the Mayor and the Board and proposed no blower use on the weekends, it is family time. Michael Conklin A resident of 420 Kendal Way addressed the Mayor and the Board and stated that the proposal to change the code is a good one. Patrick Munroe of 63 North Broadway addressed the Mayor and the Board of Trustees and said he is willing to do research and compare "who" does it quicker: "Let us sit down and reason together". Mayor Wray stated that an excellent report was presented and covered a lot of issues. f David Bedell of Sleepy Hollow and Chair of the Environmental Advisory Committee proposed that residents should get additional information by visiting Sheac.wordpress.com There were no further comments at this time. Mayor Wray adjourned both Public Hearings at 8:00 pm and encouraged residents to send in more comments for the next meeting. Approval of Warrants: Trustee Carr moved, seconded by Trustee Campbell to approve the warrant of $344,363.32 Vote: 5-0 Mayor Announcements: Mayor announced that a new Village Treasurer is being apPointed, and she has 8 years experience. Public Comments: Mayor opened the meeting to public comments and evoked the 5 minute rule. Gary Serina of 9 Lawrence Avenue addressed the Mayor and the Board and stated that he has been a resident for 46 years. He stated he has been in front of the Zoning Board since last October trying to open a restaurant and has not been sucessful. He stated that it has an outside deck and it sits 30 people. The prior cafe did not survive. He commented on the R4A zone rule and the current zoning requirements. He has spoken to Sean McCarthy about a re-zone to C2; He would like to open up a white table cloth restaurant, not a bodega. He also stated that if this zone was re-zoned he did not have to go in front of the Zoning Board and asked how he can get this zone to change. Mayor stated that the Zoning Board makes their own decisions and there is a process to follow. �Mario Belanich of North Washington Street addressed the Mayor and the Board and asked if Leaf Blower Public Hearing would continue. He also stated that nothing is being done about the broken meters. Deputy Mayor Capossela suggested installing one muni meter instead of having multiples. There were no further comments at this time. Trustee Reports: Trustee Schroedel- Had nothing to report. Trustee Carr- Stated that the Seniors Committee met this past week and Mario DeFelicesuggested a few events and also requested to increase the budget. The Douglas Park design will be presented to the Board and will bring a recommendation. Stated that the Community Relations Committee will meet tomorrow to resolve issues with website. Moving ahead with plans for Halloween and will be making recommendations on how to handle large crowds at Kingsland Park. Trustee Campbell- Deputy Mayor CaDossela- Stated that he received complaints regarding pruning on Riverside Drive. He thanked Firemen Moon and Chula for the assistance with the Memorial Day Parade. The Picnic event for TNT baseball is June 15 at Devries, 12 noon. He stated that hydrant flushing will happen over this weekend. He asked about the status for the light at DeVries Park. Mr. McCarthy stated that the foundation for poles is almost complete; expected date of completion is June 22"d. Trustee Wompa- Stated that the Downtown Revitalization met and continues to work on the fac;ade grants and wants to offer the program to merchants outside the Beekamn Avenue area. The new website is: DestinationSleepyHollow.org Trustee Stupel- Stated that the code enforcement committee will meet next week­ Codes have changed and recently the court ordered $63,000.00 in fines. Administrators Report: Mr. Giaccio stated that the Triathlon has 350 people signed up and it's all ready to go. The Safety Committee meets and its goal is to meet 4 times a year with training sessions in between, for all employees. Resolutions: See attached �Communications: Village Clerk reported that a Liquor license was received for 222 Beekman Avenue. Mayor Announcements: Mayor spoke about the legislation for retirement. Public Comments: Mayor opened the meeting to public comments and evoked the 5 minute rule. Mario Belanich addressed the Mayor and the Board and questioned of the resolutions not being available. He also complaint that some people are putting out their garbage on a holiday and should get summons. There were no further comments at this time. At 8:50 pm on motion by Trustee Carr, seconded by Trustee Wompa the meeting was adjourned. �. Paula A. . ,"bm;tted' cCarthy Village Clerk fI�Y711 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-06-08 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/36d79a193fdfaea559dad78e0a2d6afe.pdf 3961d510d817e5d778a211d707f57fb3 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, July 6, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela David L. Schroedel Karin T, Wompa Barbara J. Carr Bruce R. Campbell Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect Rich Gross, General Foreman Mayor Wray called the work session to order at 7:00 p.m. DOWNTOWN REVITALIZATION PRESENTATION - Susan Roth gave a presentation on a plan to set design guidelines for facades along Beekman Avenue. Ms. Roth would like the Village Board to adopt these guidelines to establish standards for facades in the downtown. There is a question as to whether or not these guidelines would be recommendations or required by law. If it's part of the Village code, a public hearing would be necessary. FAMILY FUN DAY - The Board reviewed a request made by Cindy Bohlander to have a family fun day on Saturday, August 28. at Kingsland Point Park. Proceeds of the event will go to The Britney Fitzgerald Scholarship Fund. The matter was referred to the Recreation Department. HUDSON VALLEY WRITER'S CENTER REQUEST - The Board reviewed a request made by The Hudson Valley Writer's Center to have a fiindraising event on October 2, 2010. The event will require that part of Riverside Drive be shut down from 9:00am Saturday, October 2nd to 12:00 noon on October 3 rd . Discussion ensued. WESTCOP REQUEST - The Board discussed a request made by WESTCOP for the Village to fund an academic enrichment program. Funds have been allocated in the 2010-2011 budget for this purpose. �EARLY RETIREMENT INCENTIVE PROGRAM - Trustee Schroedel reported that the Finance Committee has researched the State's Early Retirement Incentive Program and believes that it will result in a savings for the Village. There was a discussion about when this needed to be adopted and how long employees would have to opt in. The Mayor announced that the Board will set a public hearing on this at the next Board meeting. WEBSITE AGREEMENT - Trustee Campbell reported that the Community Relations Committee is recommending that the Village enter into an agreement with Netsoft Solutions for web support. Trustee Campbell requested that a resolution approving this agreement be placed on the agenda. Mayor Wray permitted it to be on the agenda. LICENSE AGREEMENT FOR MORSE SCHOOL - Ms. Gandolfo outlined the terms of a licensing agreement between the Village and the Tarrytown School district that will allow the Village to make improvements to the Morse School Park. The park is located on School property. The Village Board has concerns about how much in-kind work will be needed for this job. The Public Works Committee will review this agreement. EXECUTIVE SESSION At 8:15, on a motion made by Trustee Carr and seconded by Trustee Wompa and carried unanimously the Board moved into executive session to discuss personnel matters. At 8:54, on a motion made by Trustee Schroedel and seconded by Trustee Campbell and carried unanimously the Board moved out of executive session. SPECIAL SESSION > On a motion made by Trustee Campbell and seconded by Trustee Schroedel and carried unanimously the Board moved into special session. Motion was made by Trustee Campbell and seconded by Trustee Schroedel to approve hiring Ramon Castillo to the position of part-time bus driver at a rate of $15/hour. Motion passed 6-0. Motion was made by Trustee Campbell and seconded by Trustee Carr to authorize the Mayor to sign an agreement with Netsoft Solutions for website support. Motion passed 6-0. On a motion made by Trustee Campbell and seconded by Trustee Campbell and carried unanimously, the Board moved out of special session. At 9:00 p.m. the meeting was adjourned. Respectfp|ly submitted Anthony Q|ajgcio Village Administrator � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-07-06(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/dfd27961cb35f0080cd4e7b873e718bb.pdf 36e76c32a1b5b426cea4364f4130d9a5 PDF Text Text Whereas, the Mayor has appointed Ramon Castillo, of Sleepy Hollow, NY, to the temporary position of bus driver commencing July 1, 2010; Now, therefore, be it resolved the Board of Trustees approves the Mayor's appointment of Ramon Castillo to the temporary position of bus driver commencing July 1, 2010 for a period of six (6) weeks at a salary of $15.00 per hour. Moved: Trustee Campbell Seconded: Trustee SchroedeI Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-07-06(3) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text