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                    <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,
December 18, 2012 at 7:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New
York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel
Barbara Carr

Trustees

Also Present: Anthony Giaccio, Village Administrator
Janet Gandolfo, Village Attorney
Greg Camp, Police Chief
Sean McCarthy, Village Architect
Mayor Wray called the work session to order at 7:00 p.m.
MOMENT OF SILENCE - There was a moment of silence for the victims of the Sandy Hook
Elementary School Shooting. There will be a vigil to honor the victims on Friday, December 21,
at 5:30pm in front of Village Hall.
CODE REVISIONS - The Village Board continued its discussion on code revisions. Ms.
Gandolfo summarized the proposed changes and initiated the discussion. The first item
discussed was the requirement that a certificate of occupancy be issued prior to the sale of any
single family homes. Trustee Carr and Trustee MacFarlane felt the law should remain
unchanged. Sean McCarthy explained why he felt the law was beneficial. Trustee Stupel stated
that single family homes should be exempt because of the limited resources in the building
department. Trustee Stupel said that she wanted more information on any violations issued as a
result of this law. Mayor Wray tabled the item, until this information is provided. The Board
continued reviewing other aspects of the code. It was agreed that the proposed fine changes
would not go into effect until June 1, 2013. There was a discussion on sidewalk cafes, trees and
LEED certification. Discussion ensued. Mayor Wray ended the discussion by stating that the
only two unresolved items are the certificate of occupancy issue and the tree policy.
M A Y O R ' S ANNOUNCEMENTS - Mayor Wray wished everyone a happy holiday season and
announced that there will be a New Year's Day Community Meal at the James Galgano Building
on January 1, 2013 from 12:00-3:00. Donation and volunteers are needed. All are welcome to
attend and enjoy a free meal.

�SPECIAL SESSION
On a motion made by Trustee Lobato-Church and seconded by Trustee Stupel and carried
unanimously the Board moved into special session.
SEE ATTACHED RESOLUTIONS
On a motion made by Deputy Mayor Wompa and seconded by Trustee Stupel and carried
unanimously, the Board moved out of special session.
At 9:00pm the meeting was adjourned
Respectfully submitted,

Anthony GiSCcio
Village Administrator

�Meeting Date: 12/18/2012
Resolution #: 12/152/2012
Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow
Authorizing Village Treasurer to make Budget Transfers
BE IT RESOLVED, the Mayor and Board of Trustees authorizes the Village Treasurer to
make the attached budget transfers.

Moved: Deputy Mayor Wompa

Second: Trustee Stupel

Vote: 6-0

BUDGET TRANSFERS

Line Description

Account No.

Ambulance Corp. Professional Consultants

A.4540.447

Treasurer Personal Services Full Time

A.1325.100

$18,000.00

Clerk Personal Services Part Time

A.1410.103

$14 362 32

To cover the hiring of Part Time EMTs

Debit

Credit

$32,362.32

�Meeting Date: 12/18/2012
Resolution #: 12/153/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing the Village Administrator to Execute Agreement
Whereas, it has become increasingly difficult to get a local volunteer crew to
respond for emergency ambulance calls on a regular basis requiring mutual aid response from
neighboring communities. The delay in response is dangerous for patients and presents a
potentially serious liability to the community. In 2011 the community received about 800 calls
for emergency ambulance response. This is an increase in volume, making it more difficult for
the membership to meet the call volume.
Whereas, the Village of Sleepy Hollow is desirous of entering into an agreement
with the Mid-Hudson Ambulance District to provide paid EMT coverage for twelve (12) hours a
day (seven) 7 days a week and other terms and conditions provided in the attached
agreement; and
Whereas, the Village has considered other proposals and believes the Mid-Hudson
Ambulance District is the best, most cost-effective group for the services the Village needs.
Now, therefore, be it resolved, the Board of Trustees hereby authorizes the
Village Administrator to execute the attached agreement with the Mid-Hudson Ambulance
District.
Moved: Trustee MacFarlane Second: Trustee Carr

Vote: 6-0

�AGREEMENT
Agreement with Mid-Hudson EMS District for the Provision
of Emergency Medical Technicians to supplement Sleepy
Hollow Volunteer Ambulance Corps

This Agreement (the "Agreement") entered into this _ _ _ _ _ day of December, 2012, by
and between the Village of Sleepy Hollow, a New York municipal corporation with offices at
28 Beekman Avenue, Sleepy Hollow, New York 10591 (the "Village") and t h e Mid-Hudson
Ambulance District, a Municipal Corporation, with headquarters at do Town of Ossining, 16
Croton Avenue, Ossining, NY 10591 (the "Contractor").
WITNESSETH:

WHEREAS, pursuant to New York State law, the Village may contract with independent
contractors for the furnishing of emergency services to or for the Village or any Department
thereof; and
WHEREAS, the Village's A m b u l a n c e C o r p s ("SHVAC") is an entirely volunteer
Village organization that provides ambulance services to the Village and certain areas within the
Town of Mt. Pleasant, as well as participating in mutual aid services, and
WHEREAS, the Village's Board of Trustees evaluated the Contractor's Proposal,
qualifications, experience, and cost, and has determined that awarding the contract to the
Contract is in the best interests of the Village, and
WHEREAS, the Village's Board of Trustees has evaluated other proposals regarding the
furnishing of emergency services to the community, and has determined that the proposal of the
Contractor is the most cost-effective and best way to provide for supplementation of emergency
services by SHVAC.
NOW, THEREFORE, THE PARTIES HERETO AGREE as follows:
I.

Contract Administration
The recitals above are incorporated as if more fully set forth herein.
The Village A d m i n i s t r a t o r (Manger) or his designee shall represent the Village in
all matters pertaining to this Agreement and shall administer this Agreement on
behalf of the Village.
The Village A d m i n i s t r a t o r (Manager)
or his
designee
may
take any reasonable
action
to monitor
the Contractor's
compliance with relevant laws and this Agreement.

�II.

III.

Term; Termination
A.

The term of this Agreement shall commence at 12:01 a.m. on January 1, 2013
and shall terminate at 12:00 a.m. on M a y 3 1 , 2 0 1 3 , unless terminated earlier
or extended pursuant to the terms and conditions of this Agreement.

B.

The Village may terminate this Agreement: (a) at any time, for any reason,
upon fifteen (15) days prior written notice to the Contractor, whereupon the
Contractor shall be entitled to payment for services rendered pursuant to this
Agreement; and (b) upon seven (7) written days notice to the Contractor if
the Contractor has breached a material provision of the Agreement and failed
to cure the same within five (5) days of written notice thereof.

C.

The Village may also terminate this Agreement immediately if the Contractor:
(i) ceases business, becomes insolvent, commences to wind-up, or becomes
subject to any insolvency, bankruptcy, or similar proceedings; (ii) makes an
assignment for the benefit of creditors; (iii) files a petition under any
bankruptcy, insolvency, or similar law providing for the relief of debtors, or
has any such petition filed against it, and the Contractor fails to have such
petifion stayed or lifted within ten (10) days from the date on which the petition
is entered. In the event of any of the aforesaid events, the Contractor shall
provide written notification to the Village within three (3) days from the date
of the event.

D.

Termination by the Village shall in no way affect the Village's right to rely on
any applicable bond.

Conditions
The Contractor is required to meet all terms and conditions contained herein and
as described in the RFP a t t a c h e d h e r e t o .

IV.

E.xtension o f T e r m
By resolution of the Village Board of Trustees, this Agreement may be extended for
three (3) additional one (1) year terms upon thirty (30) days prior written notice
to the Contractor.

V.

Notices
All notices, demands, requests, consents, approvals, waivers, or communications
("Notices") that either party desires or is required to give to the other party shall be
in writing and either personally delivered or sent by prepaid postage, first class mail, or

�sent by facsimile (with confirmation of receipt). Notices shall be addressed as appears
below for each party, provided that if either party gives notice of a change of name or
address, notices to the giver of such notices shall thereafter be given as demanded in that
notice.
VI.

Insurance
Contractor shall provide proof of insurance coverage as follows. All insurance obtained
pursuant to the terms herein shall be obtained from insurance companies licensed in the
State of New York (i.e., possess an "Admitted" status), c a r r y i n g a B e s t ' s financial
rating of A-, FSC X, or better.
Insurance coverage submitted from an insurance
company having a lesser rating shall only be permitted if approval is granted by the
Village Attorney. Said approval is within the sole discretion of the Village Attorney.
Prior to providing the services contemplated herein, the Contractor shall provide proof of
the following coverage;
1.

2.

3.

Commercial General Liability (CGL) coverage with limits of insurance of not less
than $1,000,000 (One Million Dollars) each occurrence, $2,000,000 (Two Million
Dollars) Annual Aggregate and including a waiver of subrogation.
Automobile Liability
a.

Business Automobile Liability coverage with limits of at least $1,000,000
(One Million Dollars) each accident.

b.

Business Automobile coverage must include coverage for liability arising
out of all owned, leased, hired and non-owned automobiles.

c.

Business Automobile coverage must include a waiver of subrogation.

Workers' Compensation and Employers' Liability, and New York State Disability:
a.
Statutory N.Y.S. Worker's Compensation, Employer's Liability, and New
York State Disability Benefits Insurance required for all employees.
b.

4.

ACORD forms are not acceptable proof of Worker's Compensation
coverage. C-105.2 Certificate of N.Y.S. Worker's Compensation Insurance
must be provided. DB 120.1 Certificate for N.Y.S. Disability Benefits
Insurance must be provided.

Professional Liability coverage with limits of $1,000,000 (One Million Dollars)
each Occurrence/ $2,000,000 (Two Million Dollars) Annual Aggregate. The
professional insurance shall cover the professional services rendered to t h e
V i l l a g e o f S l e e p y H o l l o w by the Contractor.

�5.

Umbrella Insurance Coverage with limits of $10,000,000 (Ten Million Dollars)
each O c c u r r e n c e $10,000,000 (Ten Million Dollars) Aggregate. Policy must
state that it covers over the General Liability, Automobile, Professional Liability,
and Employers' Liability Insurance.

The Village of Sleepy Hollow, S H V A C (Sleepy Hollow EMS), and their respective
officers, directors, e m p l o y e e s ,
agents,
volunteers,
and
emergency
services
providers shall be listed as additional insured on all policies (except the Workers'
Compensation and Disability policies) and list this Agreement.
Such c e r t i f i c a t e s
of insurance shall contain the following statement: ALL C O V E R A G E SHALL BE
PRIMARY
A N D N O N - C O N T R I B U T I N G T O A N Y O T H E R I N S U R A N C E OR
S H L f - I N S L ' R A N C E H E L D BY T H E VILLAGE OF S L E E P Y H O L L O W . " Include
any deductible maintained by, or provided to, the additional insureds.
Certificates shall provide that sixty (60) days written notice, by registered mail with
return receipt requested, prior to cancellation be given to the Village. Policies that will
lapse and/or expire during the term shall be re-certified and received by the Village no
less than thirty (30) days prior to renewal.
All

relevant

insurance

policies

shall

provide

coverage

for

the

defense

and

indemnification p r o v i s i o n s contained herein.
Original copies of insurance policies affording coverage, for which certificate
of insurance
are to be furnished
to the Village, must be submitted
to the
Village for e x a m i n a t i o n along with certificates. Failure of the Village to object to the
contents of any certificate or absence of same shall not be deemed a waiver of any or all
rights held by the V i l l a g e .
Contractor acknowledges that failure to obtain such insurance constitutes a
material breach of contract and subjects it to liability for damages, indemnification,
and any and all other legal remedies available to the Village.
VII.

Indemnification and D e f e n s e
C o n t r a c t o r shall indemnify, defend, and hold harmless the Village and its
respective officers, directors, employees, volunteers, agents, and representatives, from
and against any and all costs, losses, liability, claims, and expenses (including ^
reasonable legal fees) i n c u r r e d in connection with, or arising from, any claim,
legal action, or proceeding arising out of the terms of or the services to be
performed under the Agreement against the Village, and/or any such persons so
indemnified, by any third party in relation to (i) a breach of any of the
representations and warranties made by the Contractor, its e m p l o y e e s , and/or
subcontractors; (ii) a breach of the Agreement by the Contractor, its e m p l o y e e s ,
and/or subcontractors; or (iii) the negligence or willful misconduct of the
Contractor, its employees and/or subcontractors, provided, in each case, that
the Contractor is notified promptly, in writing, of any such suit, action, or threat

�thereof and is given full and complete authority, information, and assistance by the
Village for the defense and settlement of the same. This indemnification, defense, and
hold harmless shall apply to any willful acts or omissions of the Contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts
they may be liable.
VIII.

Independent Contractor
The Contractor, including the Contractor EMT, is an independent contractor and
may neither hold itself out nor claim to be an officer, employee, or subdivision of the
Village of Sleepy Hollow, (EMS), nor make any claim, demand, or application to or
for any right based upon any different status.

IX.

Payment.
The Village is to prepay for services for the tenure of this contract, unless otherwise
negotiated and attested to, by both parties, in writing. The cost for seven (7) days per
week EMT coverage, at $17.86 per hour, 12 hours per day, will be submitted one month
in advance of service for that month. These bills may also be paid quarterly. The details
of this billing arrangement are further covered as "Attachment A".

X.

Assignment
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this
Agreement, or of its right, title, or interest herein, or its power to execute this
Agreement, to any other person or corporation without the previous consent in writing
of the Village.

IN WITNESS THEREOF, the parties here to have executed this Agreement as of the date set
forth above.

Village of Sleepy Hollow
Village A d m i n i s t r a t o r
(Manager)
28 Beekman Avenue
Sleepy Hollow, New York 10591

Village of Sl-eef/y Hollow
Administrator (Manager), Date

Mid-Hudson A m b u l a n c e
District
do Town o f O s s i n i n g
Supervisor
16 Croton Avenue
Ossining, NY 10562

Town of Ossining Supervisor

Date

�ATTACHMENT A

Billing Schedule for 2013: Sleepy Hollow Pre-Payments
January, March, May, July, August, October, December (31 Day Months)= $6,643.92
April, June, September, November (30 Day Months)= $6,429.60
February (28 Day Month)= $6,000.96
Payment Plan 1 (Monthly Pre-Paid)
Month of Service

January 2013

Hourly

Hours Per Month

Bill

Rate

(12 Hours Per Day)

Amount

$17.86

372 Hours

$6,643.92

Due Date

Friday, December 28"^ 2012

February 2013

$17.86

336 Hours

$6,000.96

Thursday, January 31'* 2013

M a r c h 2013

$17.86

372 Hours

$6,643.92

Thursday, February 28'" 2013

April 2013

$17.86

360 Hours

$6,429.60

Friday, M a r c h 29'" 2013

M a y 2013

$17.86

372 Hours

$6,643.92

Tuesday, April 30"^ 2013

June 2013

$17.86

360 Hours

$6,429.60

Friday, M a y 31'* 2013

July 2013

$17.86

372 Hours

$6,643.92

Friday, June 28'" 2013

August 2013

$17.86

372 Hours

$6,643.92

Wednesday, July 3 1 " 2013

September 2013

$17.86

360 Hours

$6,429.60

Friday, August 30'^ 2013

October 2013

$17.86

372 Hours

$6,643.92

M o n d a y , September 30'" 2013

November 2013

$17,86

360 hours

$6,429.60

Thursday, October 3 l " 2013

December 2013

$17.86

372 Hours

$6,643.92

Friday, N o v e m b e r 29'" 2013

Contract Total

N/A

4380 Hours

$78,226.80

N/A

Payment Plan 2 (Quarterly Pre-Paid)
Month{s) of Service

Hourly

Hours Per Quarter

Rate

(12 Hours Per Day)

January- M a r c h 2013

$17.86

April-June 2013

$17,86

July- September 2013

$17 86

October- December 2013

$17,86

Contract Total

N/A

Bill Amount

Due Date

90 days, 1080 Hours

$19,288.80

December 28'" 2012

91 Days, 1092 Hours

$19,503,12

M a r c h 29'" 2013

$19,717.44

June 28'" 2013

92 Days, 1104 Hours

$19,717,44

October 3 1 " 2 0 1 3

4380 Hours

$78,226.80

N/A

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                    <text>Meeting Date:
Resolution #:

12/11/2012
12/149/2012
Resolution of the Board of Trustees of the Village of
Sleepy Hollow Announcing Informational Meeting

Whereas, the Village received a grant to complete a hazard mitigation plan, and
Whereas, Cash &amp; Associates have been retained to complete this work, and
Whereas, as part of the agreement with Cash &amp; Associates a public informational
meeting describing the project must be completed.
Now therefore be it resolved, that the Board of Trustees does hereby call for an
Informational Meeting on Tuesday, January 22, 2013, at 7:00 pm or shortly thereafter,
at Village Hall, regarding the Village's hazard mitigation plan.
Moved; Deputy Mayor Wompa

Seconded; Trustee Campbell

Vote: 5-0

�Meeting Date:
Resolution #:

12/11/2012
12/150/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow A p p r o v i n g
the Action of the Board of Fire Wardens
Whereas, the Board of Fire Wardens of the Sleepy Hollow Fire Department at their
November 13, 2012 meeting accepted John Cabezas as an active member of Rescue
Hose Co. No. 1.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow concurs with the recommendation of the Board of Fire Wardens to accept John
Cabezas as an active member of Rescue Hose Co. No. 1 and;
Be it further resolved the Board of Trustees directs the Village Clerk to notify the
Board of Fire Wardens in writing of this resolution.
Moved: Trustee Stupel

Second: Trustee Lobato-Church

Vote: 5-0

�Meeting Date:
Resolution #:

12/11/2012
12/151/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Confirming the Actions of the Ambulance Corps
Whereas, the Board of Trustees approves the actions of the Ambulance Corps
members in electing the following applicants to active membership with the Sleepy
Hollow Volunteer Ambulance Corps:
Barbara Anzovino of Sleepy Hollow, Tanis Annichiarrico of Tarrytown and
Toni-Marie Verrano of West Harrison.
BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to
notify the Ambulance Captain in writing of this resolution.
Moved: Trustee Lobato-Church

Second: Trustee Stupel

Vote: 5-0

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                    <text>Meeting Date: 12/11/2012
Resolution #: 12/148/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Authorize Mayor to sign the Ambulance Service Agreement
With the Mount Pleasant West Ambulance District for 2012
Whereas, the town of Mt. Pleasant has requested that the Sleepy Hollow Volunteer
Corps service the Mt Pleasant West Ambulance district, and
Whereas, the town of Mt. Pleasant agrees to pay the sum of $7,364.00 per year for
this service as outlined in the attached agreement, and
Whereas, Village Counsel has reviewed and approved this agreement.
Now be it resolved, that the Board of Trustees hereby authorizes the Mayor to sign
the attached Ambulance Service Agreement with the Town of Mt. Pleasant West
Ambulance District for the period January 1, 2012 through December 31, 2012.
Moved: Trustee Campbell

Seconded: Trustee Lobato-Church

Vote: 5-0

�AGREEMENT

This agreement dated as of March 13, 2 012, by and
between MOUNT PLEASANT WEST AMBULANCE DISTRICT, with
offices at One Town Hall Plaza, Valhalla, New York 10595
(hereinafter referred to as the "DISTRICT") and VILLAGE OF
SLEEPY HOLLOW, a municipal corporation duly organized and
existing under the laws of the State of New York with
offices at 2 8 Beekman Avenue, Sleepy Hollow, NY
(hereinafter referred to as the "VILLAGE").

WHEREAS, the DISTRICT was established pursuant to
TOWN LAW Section 190 ^

sag, for the purpose of providing

emergency medical services, for the purpose of providing
pre-hospital emergency medical treatment and emergency
transportation of sick or injured persons found within the
boundaries of the DISTRICT to hospitals, sanitariums or
other places within reasonable distances for the treatment
of such illness or injury; and

WHEREAS, the VILLAGE operates an ambulance
service known as the Sleepy Hollow Ambulance Corps
(hereinafter referred to as the "AMBULANCE CORPS"); and

WHEREAS, the VILLAGE wishes to furnish emergency
ambulance service to persons requiring same within the
boundaries of the District; and

�WHEREAS, the DISTRICT may contract with one or
more organizations having sufficient training and personnel
experienced in the operation, maintenance and repair of
emergency vehicles and for furnishing of emergency
treatment; and

WHEREAS, the AMBULANCE CORPS has the experience,
personnel and equipment as required to faithfully fulfill
the terms of this Agreement.

NOW, THEREFORE, it is mutually agreed as follows:

FIRST:

1) The VILLAGE through the AMBULANCE

CORPS hereby agrees to furnish to the DISTRICT, 24 hours, 7
days per week emergency ambulance service for a term of one
year, commencing January 1, 2012. In the event all
AMBULANCE CORPS vehicles are in use and an additional call
for emergency assistance is placed within the District, the
"mutual aid" plan will automatically be activated whereby a
neighboring ambulance service will respond to the call.
2) In consideration for the performance of the
emergency ambulance services to be performed by the
AMBULANCE CORPS, the DISTRICT shall pay to the VILLAGE the
sum of Seven Thousand Three Hundred and Sixty Four ($7,364)
dollars for year 2012.

Payment will be made on or about

May 15, 2012.
The amount of the consideration for any
subsequent annual renewal of this agreement
be subject to negotiation.

(see f8) shall

The District reserves the right

�to conduct an a.nnua.1 a-udit of the books a.nd recoirds of the
AMBULANCE CORPS upon due notice and during normal business
hours.

SECOND:

The VILLAGE and the AMBULANCE CORPS

shall comply with all federal, state and local statutes and
ordinances, including and not limited by, Article 3 0 of the
Public Health Law of the State of New York, as amended, as
the same pertains to the ambulance services.

It is further

agreed that the VILLAGE and the AMBULANCE CORPS shall
comply with any and all applicable regulations issued from
time to time by regulatory agencies having jurisdiction.

THIRD:

The VILLAGE and the AMBULANCE CORPS

hereby agree to furnish the DISTRICT the necessary
certificates certifying that it has complied with all of
the laws of the State of New York regarding the training of
personnel and shall provide equipment, ambulance and
personnel sufficient to furnish said services.

FOURTH:

The AMBULANCE CORPS through its

appropriate members shall at all times during the term of
this agreement be subject to call for such emergency
service by the Police Department for a person or persons
living or found within the boundaries of the DISTRICT and
when notified by the Police Department of a request for
such service, shall respond to and render such service
without undue delay and with suitable equipment and
personnel.

�FIFTH:

The VILLAGE and the AMBULANCE CORPS

shall indemnify and save harmless the DISTRICT and the Town
of Mount Pleasant against all liability, losses, cost (of
whatever nature or description including reasonable
attorneys fees) and damages on account of injury to persons
or property arising as a result of alleged negligence, want
of care or fault of any nature whatsoever of the AMBULANCE
CORPS pertaining to this Agreement.

SIXTH:

This Agreement cannot be changed or

modified except by another instrument in writing, signed
and executed as of the date and year first written above.

SEVENTH:

EIGHTH:

This Agreement shall be nonassignable.

The parties hereto agree that this

Agreement shall be for the period of one year and shall be
automatically renewed thereafter for four (4) successive
year intervals unless terminated earlier by the parties as
provided below (the maximum term of this Agreement being up
to December 31, 2016) .

Either party may terminate this

agreement for any reason whatsoever upon giving sixty (60)
days written notice to the other party prior to the end of
any one year term of this Agreement.

Upon giving such

notice, this Agreement shall terminate at the end of the
calendar year in which said notice is given.

The notice to

�be given hereunder shall be certified mail, return, receipt
requested, addressed to the parties and address stated
above.
NINTH:

This Agreement shall be governed and

construed pursuant to the laws of the State of New York.

TENTH:

Neither of the parties herein shall be

responsible for failure or delay in the performance of any
obligation hereunder caused by labor disturbances, fire,
earthquake, war, insurrection, interference by civil or
military authorities, floods, storms, transportation
embargoes, or any other cause whatsoever not within its
control and which by the exercise of due diligence it is
unable to overcome, of the nature or class commonly
embraced in the phrase, "Act of God," whether one of the
causes hereinabove enumerated or not.

IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be duly signed and executed as of the
day and year first written above.

P L E A S A N T A M B U L A N C E DISTRICT

^ / J o a n

A.

kayhury/pupervi^i

Town of Mount Pleasant

Attest

�VILLAGE OF SLEEPY HOLLOW

Kenn^'th G. Wray,

Attest

�Meeting Date:
Resolution #:

12/11/2012
12/149/2012
Resolution of the Board of Trustees of the Village of
Sleepy Hollow Announcing Informational Meeting

Whereas, the Village received a grant to complete a hazard mitigation plan, and
Whereas, Cash &amp; Associates have been retained to complete this work, and
Whereas, as part of the agreement with Cash &amp; Associates a public informational
meeting describing the project must be completed.
Now therefore be it resolved, that the Board of Trustees does hereby call for an
Informational Meeting on Tuesday, January 22, 2013, at 7:00 pm or shortly thereafter,
at Village Hall, regarding the Village's hazard mitigation plan.
Moved: Deputy Mayor Wompa

Seconded: Trustee Campbell

Vote: 5-0

�Meeting Date:
Resolution #:

12/11/2012
12/150/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving
the Action of the Board of Fire Wardens
Whereas, the Board of Fire Wardens of the Sleepy Hollow Fire Department at their
November 13, 2012 meeting accepted John Cabezas as an active member of Rescue
Hose Co. No. 1.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow concurs with the recommendation of the Board of Fire Wardens to accept John
Cabezas as an active member of Rescue Hose Co. No. 1 and;
Be it further resolved the Board of Trustees directs the Village Clerk to notify the
Board of Fire Wardens in writing of this resolution.
Moved: Trustee Stupel

Second: Trustee Lobato-Church

Vote: 5-0

�Meeting Date:
Resolution #:

12/11/2012
12/151/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Confirming the Actions of the Ambulance Corps
Whereas, the Board of Trustees approves the actions of the Ambulance Corps
members in electing the following applicants to active membership with the Sleepy
Hollow Volunteer Ambulance Corps:
Barbara Anzovino of Sleepy Hollow, Tanis Annichiarrico of Tarrytown and
Toni-Marie Verrano of West Harrison.
BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to
notify the Ambulance Captain in writing of this resolution.
Moved: Trustee Lobato-Church

Second: Trustee Stupe!

Vote: 5-0

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                    <text>Meeting Date: 12/11/2012
Resolution:
12/147/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Mayor to Sign Inter Municipal Agreement with the
County of Westchester for Police Officer Training Program
Whereas, the Village Board is desirous of entering into a 5 year inter municipal
agreement with the county of Westchester for a Police Officer training program in which
the Village provides instructors in exchange for free training, subject to the attached
agreement, and
Whereas, Village Counsel has reviewed and approved of the agreement.
Now, therefore be it resolved the Board of Trustees hereby authorizes the Mayor to
execute the inter-municipal agreement with the County of Westchester for its Police
Officer training program.
Moved: Trustee Carr

Seconded: Trustee Campbell

Vote: 5-0

�A G R E E M E N T made this

day oF

, 2012 by and between:

T H E C O U N T Y O F W E S T C H E S T E R , a municipal corporation of the State of
New York, having an office and place of business in the Michaelian Office
Building, 148 Martine Avenue, White Plains, New York 10601
(hereinafter referred to as the "County")
and
a municipal corporation of the State of
New York having an office and place of business at
, New York
(hereinafter referred to as the "Municipality")

W H E R E A S , the County has a police training facility located in Valhalla, New York; and
W H E R E A S , under New York State Law a newly appointed police officer of any county,
city, town, village or police district ("Police Officer") must satisfactorily complete an approved
municipal police basic training program within 12 months of being hired and may also be
required as part of ongoing training to take additional courses as part of their employment
requirements, including seminars, conferences, exercises, drills or workshops at the County's
police training facility as well as at any o f f - s i t e location where such training takes place,
(collectively, the "Police Academy"); and
W H E R E A S , in order to comply with New York State Law, Police Officers from the
Cuualy and olhci inunicipalities attend the Police Academy; and
W H E R E A S , from time to time the Municipality will assign one or more of its police
officers who are certified police instructors ("Instructor"), as part of his or her employment
duties, to the Police Academy to provide instruction.
N O W , T H E R E F O R E , in consideration of the terms and conditions herein contained, the
parties agree as follows:

�Section 1.

The County and the Municipality agree that the County may utilize

Instructors provided by the Municipality to teach Police Officers training courses, seminars,
conferences, exercises, drills or workshops conducted at the police training facility located in
Valhalla, NY as well as any off-site location where such training takes place (collectively, the
"Police Academy"). Instructors must submit a lesson plan as well as a copy of any other
presentation material to be used in conjunction with the lesson plan, excluding copyrighted
material, to the Westchester County Commissioner of Public Safety, or his duly authorized
designee (the "Commissioner"). Once approved, the Instructor shall teach in accordance with
the approved lesson plan.

Under no circumstances shall the Instructor cause any portion of any

Police Academy training program to be audio or video recorded without the written consent of
the Commissioner. During the period of time the Instructor is teaching at the Police Academy,
the Instructor shall be under the control and direction of the Commissioner. Notwithstanding the
foregoing, during the time that the Instructor is teaching at the Police Academy, in the event of a
conflict because an Instructor is directed to act by both the Commissioner and the Municipality,
the Commissioner's direction shall take priority.

Section 2.

I'he Municipality agrees that the Instructor will retain his or her status as

an employee of the Municipality during the time that the Instructor is teaching at the Police
Academy. The Municipality shall remain responsible for establishing the salary and benefits of
the Instructor assigned to the Police Academy and for making all payments due the Instructor.
Nothing contained herein shall be intended to create an employer/employee or agency
relationship between the County and the Instructor or to confer on the Instructor any rights other
than those that accrue to the Instructor as an employee of the Municipality.

�Section 3.

The Municipality agrees t o c g g e g t e with the County in coordinating and

organizing the use by the County of the Instructors. In no event will the Municipality charge any
indirect cost to the County for the administration or implementation of this Agreement.

Section 4.

The County shall defend and indemnify the Municipality in connection

with any action or proceeding brought by a party other than the County or the Instructor against
the Municipality, its officers, employees and/or elected officials, based on a claim or cause of
action arising out of the Instructor's acts or omissions while acting within the scope of his or her
duties as an Instructor at the Police Academy, provided that the Municipality shall (i) give the
County prompt written notice of such action or proceeding, by delivering to the Westchester
County Attorney ("County Attorney") the original or a copy of any summons, complaint,
process, notice, demand, pleading or other communication regarding such claim, within five (5)
days after the Municipality receives such document and prior to the entry of any default
judgment; (ii) provide the County with a written request from the Municipality for defense and
indemnification and (iii) give the County the full cooperation of both the Municipality and the
Instructor in the defense of such action or proceeding and in defense of any action or proceeding
against the County based upon the same act or omission. The duty to defend and indemnify shall
not arise where injury or damage resulted from intentional wrongdoing or recklessness on the
part of the Instructor. The County Attorney shall have full and complete discretion and control
over the conduct of such defense.

Fhe Municipality may, at any time, seek other representation and make an application for
substitution of counsel of its choosing. In such event, the County shall have no further liability

�•sponsibility to provide defense or indemnification for the Municipality pursuant to this
or responsi
Agreement.
If, in any action or proceeding where the Municipality and the County, its officers,
employees or elected officials are named as co-defendants, tacts shall be disclosed such that the
interests of the Municipality and the County shall, in the sole opinion of the County Attorney, be
adverse, then the County Attorney shall, upon written notice, decline or withdraw from
representation of the Municipality.

The written notice shall, to the extent practicable, set forth

the reason for such confiict. In the event the County Attorney makes such a determination, then
the County shall seek other representation, and make an application for substitution of counsel of
the County's choosing, to defend the Municipality under this Agreement.

In no event shall the County's obligation to provide defense and indemnification pursuant
to this paragraph be construed to include claims arising outside the scope of the Instructor's
teaching services or in connection with the Instructor's travel to and from the Police Academy to
carry out such teaching services.
In no event shall the County have any obligation to the Municipality or its Instructor for
to New York General Municipal Law Section
2()7-c. Additionally, if an Instructor is injured during the time he or she is teaching at the Police
Aeaden'iy, it is understood that the Instmctor. as an employee of the Municipality, would apply
for coverage under the Municipality's workers compensation policy.

Section 5.

Except as set forth in Section 4 above, the Municipality agrees:

�(a)

that, except for the amount, i f any, of damage contributed to, caused by or

resulting From the negligence of the County, the Municipality shall indemnify and hold harmless
the County, its officers, employees and agents from and against all liability, damage, claims,
demands, costs, judgments, attorneys' fees or loss arising directly or indirectly out of this
Agreement, including without limitation the acts or omissions hereunder by the Municipality or
the Municipality's Instructors or third parties under the direction or control of the Municipality,
and
(b)

to provide defense for and defend, at its sole expense, any and all claims,

demands or causes of action directly or indirectly arising out of this Agreement and for which
indemnification is required to be provided under paragraph (a) above, and to bear all other costs
and expenses related thereto.

~~~~

Section 6.

This Agreement shall commence on March 21, 2012 and continue

in full force and effect through March 20, 2017.

Section 7.

This Agreement may be terminated by either party by giving

written notice of the termination to the other party not less than thirty (30) days prior to the
effective date of such termination.
Section 8.

All notices of any nature referred to in this Agreement shall be in

w riting and either sent by registered or certified mail postage pre-paid, or sent by hand or
overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice
sent by overnight courier), to the respective addresses set forth below or to such other addresses

�as the respective parties hereto may designate in writing. Notice shall be effective on the date ot
receipt.
To the County:
Commissioner - Sheriff of Public Safety
Saw Mill River Parkway
Hawthorne, New York 10532
With a copy to:
County Attorney
Michaelian Office Building, Room 600
148 Martine Avenue
White Plains, New York 10601
)aliiy:
To the Municipality:
yiWm

Section 9.

n
m

Skepu

m

o ^

The failure of either party to insist upon strict performance of any term,

condition or covenant herein shall not be deemed a waiver of any rights or remedies that the
party may have, and shall not be deemed a waiver of any subsequent breach or default in the
terms, conditions or covenants herein.

Section 10.

This Agreement shall not be enforceable until it has been approved by the

Westchester County Board of Legislators and the Westchester County Board of Acquisition and
Contract and the governing body of the Municipality and has been signed by both parties and
approved by the Office of the County Attorney.

�IN W I T N E S S W H E R E O F , the parties hereto have executed this Agreement on the day
and year first above written.

THE COUNTY OF WESTCHESTER

By
George N. Longworth
Commissioner -Sheriff of Public Safety

iVllJNICH'ALITY

I
Bv

ik i i ^ ^
h
(blame and Title)

d
^V/VltLH
^

Approved by the Westchester County Board of Legislators by Act No 2012-117 on the lO"^ day
of September 2012.
Approved by the Board of Acquisition and Contract of the County of Westchester on the 11" day
of October, 2012.
Approved as to form and
Manner of execution:

Assistant County Attorney
County of Westchester
K/( )/dps/instructoragr2() 12.d«c

Date

�MUNI€tPALITY'S ACKNOWLEDGEMKNT

STATE OF N E W Y O R K

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) ss.:

C O U N T Y OF W E S T C H E S T E R )

On this / f

day ot

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before me personally came HmApyj

me known, and known to me to be the

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o f _ j / c l ( ^ /

J h e municipal corporation described in and which executed the within
inslrument, who being by mc duly sworn did deK&gt;.se and say
r^ v d ^ g ^

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resides at

tlie said
t h a t ^ s h e is the

of said municipal corporation.

PAULA A MCCARTHY
Notary Public - State of New York

NO. 01MC6198640
Qualified in Westchesfer County ,
My Commtsslon Expires . f l J t ^ / i ' i

�c i r n i m c m L m M m m m .
(Municipal ity)

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named in Ihc foregoing agreement lhat

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agreemen. on behalf of .he Municipality wa., at the time of execution
n, wa, duly signed for on behalf of said Municipality by

authority
is in full force and effect at the date hereof.
and that such authority is in

(Sigiature)

S T A T E OF N E W Y O R K

)

COUNTY OF'WESTCHESTER)

he/she is the

dlMMM^^-^^J^^^
(THle)O
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County

A MCCARTHY
N o t a r y Public - Slate of N e w York
NO. 0 1 M C 6 1 9 8 6 4 0
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My Commission Expires

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                    <text>Minutes of the Board of Trustees
Village of Sleepy Hollow
The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday,
December 4, 2012 at Kendal-on-Hudson, 1010 Kendal Way, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Bruce Campbell
Barbara Carr
Karin Wompa
Evelyn Stupel
Jennifer Lobato-Church
Susan MacFarlane

Trustees

Also Present: Anthony Giaccio, Village Administrator
Janet Gandolfo, Village Attorney
Sean McCarthy, Village Architect
Mayor Wray called the work session to order at 7:30 p.m.
MAYOR'S ANNOUNCEMENTS - Mayor Wray had opening remarks and informed the
audience that public comments were permitted.
TRUSTEE REPORTS
Trustee Carr gave a Finance Committee report. The operational budget was adopted in
the spring and the capital budget was recently approved. Items approved in the capital
budget included two new police cars, replacement vehicles for the DPW, Route 9
streetscape project, ambulance building repairs and a new generator for the senior center.
Trustee Carr mentioned the sale of the old fire truck to Broad Channel, New York.
Trustee MacFarlane gave a Recreation Committee report. There are many new senior
citizen programs and special events being offered by the Village. Trustee MacFarlane
distributed a listing of these activities to the audience (Attached). Volunteers are needed
for the New Year's Day community meal and the chess club.
Trustee Campbell gave a Communications Committee report. The Committee is working
on creating a public access channel as well as a more efficient emergency notification
system. Improvements have been made to the Village's website. Trustee Campbell also
gave a report on Halloween. The Village is partnering with local organizations like The
Sleepy Hollow Cemetery, Chamber of Commerce and Historic Hudson Valley to increase
tourism. Tourism &amp; Halloween events are growing each year.

�Deputy Mayor Wompa gave a report on the Administration Committee. The Village
Board is getting close to adopting the updated Village code. When completed, the code
will be available on-line. Deputy Mayor Wompa reported on downtown revitalization.
The facade grant program has been very successful and tree grates were installed on
Beekman Avenue. The downtown trick or treating event was well attended and Ms.
Wompa thanked the Kendal residents for being sponsor. The Downtown Revitalization
Corporation is working on the Village's calendar and the Route 9 streetscape project
should begin this spring.
Trustee Stupel gave a Safe Housing Committee report. Increased enforcement of illegal
housing has been going on for nearly four years and has yielded positive results including
increased revenue from fines. These efforts have contributed to downtown revitalization.
Trustee Stupel gave a Public Works Committee report. The DPW has spent much of the
last few weeks dealing with the aftermath of Hurricane Sandy.
Trustee Lobato-Church gave a Public Safety Committee report. The Committee meets
each month. Currently there is discussion regarding hiring emergency medical
technicians to work with the ambulance corps volunteers. Trustee Lobato-Church
mentioned that donations for Hurricane Sandy were sent along with the old fire truck.
The new orange fire truck went into service last night. The fire department provided
holiday safety tips for the audience. Trustee Lobato-Church announced that a non-profit
organization known as the Friends of the Sleepy Hollow Lighthouse will soon be formed.
This organization will help raise money for lighthouse renovations.
Mayor Wray introduced the staff. Mayor Wray gave an update on General Motors,
River's Edge and the Water Tank project.
MT. PLEASANT IMA FOR AMBULANCE SERVICE - Mr. Giaccio provided the Board
with a draft inter-municipal agreement with the Town of Mt. Pleasant for ambulance services.
The Board had some questions. Trustee Lobato-Church suggested amending one portion of the
agreement. Discussion ensued.
COUNTY IMA FOR POLICE TRAINING - Mr. Giaccio provided the Board with a draft
inter-municipal agreement with Westchester County for police training. Mayor Wray requested
that a resolution on this be put on the next Board meeting agenda.
CODE REVISIONS - Mayor Wray summarized the process of revising the village code and
mentioned that the public hearing has been closed. The Board has 60 days from the close of the
public hearing to adopt the revisions.

�PUBLIC COMMENTS
-

Jean Macintosh asked about the work going on in the Manors, the fatality on Route 9 and
the storm damage. Mayor Wray responded.

-

Cobb Stewart wanted to know where Sleepy Hollow tourists can spend the night.
Currently there are no hotels or bed and breakfasts in Sleepy Hollow.

-

Jane Beers asked about General Motors. Mayor Wray replied.

-

Frank Occhipinti asked about public comments at work sessions, the water leak on
County House Road and the water tank.

-

Mario Belenich wants a second public comment period during Board meetings and
questioned the use policy for the senior center.

At 9:00 p.m. the meeting was adjourned.
Respectfully submitted,

�December 4,2012
Dear Kendal Residents:
Sleepy Hollow's Recreation Committee would like to advise you of events and activities
happening in the Village.
Senior Activities at the James F. Galgano Senior Center, 55 Elm Street
The Senior Group meets on the 1st and 3rd Mondays of the month at 12:30.
Free exercise classes are offered on Tuesdays at 11:30 and Fridays at 10:15.
On Wednesdays the Walking Club meets at 9:30 and there is a Computer Class at 10 a.m.
On Thursdays there is Ceramics Class twice a month.
On Friday the Knitting Group meets at 1 p.m.
2013 Community Events
January 1 - Community Meal at Galgano Center.
January 26 - Volunteer Fair at Galgano Center.
March 10 - St. Patrick's Day Parade
May 27 - Memorial Day Parade
July 4 - Fireworks
September 7 - Street Fair
September - Chilean Festival (date tbd)
October 5 - Oktoberfest at Kingsland Point Park
October 25, 26 - Haunted Hayride/Block Party
If you have questions or suggestions for additional recreation offerings, want to join a
group or are interested in community volunteer opportunities, please contact Recreation
Director Robin Pell at 366-5109.

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                    <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,
November 20, 2012 at 7:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow New
York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel
Barbara Carr

Trustees

Also Present: Anthony Giaccio, Village Administrator
Greg Camp, Police Chief
Janet Gandolfo, Village Attorney
Rich Gross, General Foreman
Mayor Wray called the work session to order at 7:00 p.m.
PAID EMERGENCY MEDICAL TECHNICIANS - Shelley Robinson, First Lieutenant of the
Sleepy Hollow Volunteer Ambulance Corps, submitted a draft proposal related to paid
Emergency Medical Technicians (attached). The proposal contained several options for the
Board to consider. Discussion ensued. Trustee MacFarlane asked if the idea of contracting with
a paid ambulance company was ever discussed. Ms. Gandolfo said that the Village had a paid
ambulance company in the 90's. Trustee Lobato-Church outlined the possible directions the
Village could go in including, keeping the Corps completely volunteer, hiring paid EMT's,
having an independent Corps separate from the Village and contracting with a professional
ambulance company. Mayor Wray reminded the Board that paid EMT's is not in the budget and
requested more data related to calls as well as financial report from the Treasurer. Chief Camp
said that approximately 10% of the calls go to mutual aide. Trustee Wompa requested a report
from the third party billing company. The Board asked the administrator to find out what other
communities do. Mayor Wray referred the matter to the Public Safety Committee and said that
the discussion will continue at the next Village Board meeting.

SPECIAL SESSION
On a motion made by Trustee Lobato-Church and seconded by Trustee Stupel and carried
unanimously the Board moved into special session.
SEE ATTACHED RESOLUTION

�On a motion made by Trustee Carr and seconded by Trustee MacFarlane and carried
unanimously, the Board moved out of special session.
EXECUTIVE SESSION
On a motion made by Trustee Lobato-Church and seconded by Trustee MacFarlane and carried
unanimously the Board moved to executive session to discuss legal matters.
On a motion made by Trustee MacFarlane and seconded by Trustee Carr and carried
unanimously, the Board moved out of executive session.
CODE REVISIONS - The Village Board continued its discussion on code revisions. Trustee
Stupel made recommendations on how to deal with structures in the street. Discussion ensued
The Board agreed that the current code can address this issue. Trustee Stupel also asked if the
Board would consider removing the section of the code that requires that new certificate of
occupancies be obtained before the sale of a single family home. The Board agreed. The Board
also agreed that electric leaf blowers should have the same restrictions as gas leaf blowers. The
Mayor pointed out that there have been no public comments for several weeks and that the Board
should consider closing the public hearing next week. Trustee Lobato-Church and Trustee
MacFarlane noted that some of their written comments have yet to be discussed. Trustee
Lobato-Church went over some outstanding items from chapter one including the ethics code as
it relates to volunteers, residency requirement for employees, alarms, amusement devices,
animals and bicycling on sidewalks. Discussion ensued.
At 10:00pm the meeting was adjourned
Respectfully submitted,

(
Anthony Giaccio
Village Administrator

�Meeting Date:
Resolution No:

11/20/2012
11/141/2012

Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow
Authorizing the Sale of (1) 1991 E-One Pumper Fire Apparatus for the
Sum of $1.00
Whereas, the Village of Sleepy Hollow ("Sleepy Hollow") currently owns a 1991 E-One
Pumper Fire Apparatus; and
Whereas, the Board of Trustees has determined the apparatus is surplus equipment
and no longer serves a useful purpose for the Village; and
Whereas, the Village has attempted to sell said apparatus via sealed bids and
publication on EBay; and
Whereas, no inquiries were received; and
Whereas, the Mayor and Board of Trustees are desirous of ensuring that the apparatus
serves a useful purpose; and
Whereas, the Fire Department of Broad Channel, New York, lost its apparatus in
Hurricane Sandy.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow hereby approves the sale of said apparatus to the Broad Channel Volunteers,
Inc. for the sum of $1.00.
Moved: Trustee Carr

Seconded: Trustee MacFarlane

Vote:6-0

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                    <text>Minutes of the Board of Trustees
Village of Sleepy Hollow
The Board of Trustees of the Village of Sleepy Hollow held a Board Meeting on Tuesday,
November 13, 2012 at the Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow
N.Y.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Barbara CanJennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel

Trustees

Also Present: Anthony Giaccio, Village Administrator
Janet Gandolfo, Village Attorney
Sara DiGiacomo, Village Treasurer
Rich Gross, General Foreman
Greg Camp, Police Chief
At 7:00 p.m. Mayor Wray called the meeting to order with a pledge to the flag.
Public Hearing: Mr. Giaccio read the public hearing notice on code revisions. There were no
public comments. The hearing was adjourned. Trustee Lobato-Church asked if the next work
session could be devoted entirely to a discussion on the code. The Board agreed.
Approval of Warrants: Trustee Carr moved, seconded by Trustee Wompa to approve warrant
12NOV13 in the amount of $959,108.79. Motion carried 6-0
Approval of Minutes: Trustee Campbell moved, seconded by Trustee Lobato-Church to
approve the minutes for October 16, 2012. Motion Carried 5-0 (MacFarlane abstained). Trustee
Campbell moved, seconded by Trustee Lobato-Church to approve the minutes for November 6,
2012. Motion Carried 6-0. The October 9, 2012 minutes were tabled.
Mayor's Announcements: Mayor Wray reported that according to Con Edison, all power has
been restored in Sleepy Hollow. Mayor Wray congratulated Paula McCarthy and Earl Tompkins
on their recent marriage.

�Trustee Reports:
Trustee Carr reported that expenses related to water use overages have decreased significantly
since the Village no longer provides water to Briarcliff.
Trustee MacFarlane had no report
Trustee Campbell announced that there will be a work session at Kendal on Hudson on
December 4, 2012 beginning at 7:30pm. Public comments will be permitted.
Deputy Mayor Wompa reported that the Downtown Revitalization Committee is working on the
Village calendar. Advertising space is still available. If anyone has photos for the calendar they
can send them to shdrccalendar@gmail.com
Trustee Stupel reported that Court was in session on October 23, 2012. There were nine illegal
housing cases on the docket. The next Court date is on November 29, 2012. Trustee Stupel
reported that the building department was successful in vacated four illegal apartments on
Washington Street and an illegal basement apartment on Chestnut Street. Discussion ensued.
Trustee Stupel reminded residents that leaves need to be placed at curbside.
Trustee Lobato-Church reported that Chief Ryan and the Fire Department are collecting and
delivering supplies to those affected by Hurricane Sandy. Donations can be brought to Village
Hall during regular office hours. The Fire Department informed Trustee Lobato-Church that the
Fire Department of Broad Channel, NY lost its only fire truck during the storm and would
greatly benefit from receiving Sleepy Hollow's old fire truck. There was a discussion on how
the Village can donate or sell the old fire truck legally. Janet Gandolfo will prepare a resolution
on this next week.
Trustee Lobato-Church raised the issue of paid emergency medical technicians. There will be a
discussion on this at the next work session.
Trustee Lobato-Church announced that the Police Advisory Committee will meet on Monday,
November 19, 2012.
Administrator's Report:
Mr. Giaccio read his report (Attached). Mayor Wray commented on the slow response from Con
Edison and thanked the Village's emergency services for handling the crisis in a professional
manner.

�Public Comments:
Shelley Robinson, First Lieutenant of the Sleepy Hollow Volunteer Ambulance Corps, read a
prepared statement related to paid Emergency Medical Technicians (attached). Ms. Robinson
then read a letter from Ambulance Corps Captain Jay Brennan (attached).
Sung Pak, Second Lieutenant of the Sleepy Hollow Volunteer Ambulance Corps also had
comments. Mr. Pak informed the Board that, by law, an EMT has to be on every ambulance call.
Mr. Pak said that currently there are only eight active EMTs in the Corps. This has put a strain
on the members and could result in burn-out. Mr. Pak believes that paid EMTs would help to
bridge the gap until more EMTs join the Corps. A class is being given next year.
Resolutions: See attached
Prior to voting on a bond resolution, the Board discussed the need for additional security
cameras. Chief Camp and Rich Gross advocated for the cameras. Janet Gandolfo and Sara
DiGiacomo informed the Board that passing the bond resolution does not mean the cameras have
to be purchased. Discussion ensued.
Correspondence: None
Old Business: None
Executive Session:
At 8:47 p.m., on a motion made by Trustee Campbell 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 Campbell and seconded by Trustee Wompa and carried
unanimously, the Board moved out of executive session.
On motion by Trustee Campbell, Seconded by Trustee Carr the meeting was adjourned at
9:31 p.m.
Respectfully submitted,
(

%.Ty-:*./'

J •- :

Anthony"€rk6cio
Village Administrator

�VILLAGE OF SLEEPY HOLLOW
NOTICE OF PUBLIC HEARING
ON PROPOSED LOCAL LAW
PLEASE TAKE NOTICE that, for the purpose of adopting a codification of the local laws,
ordinances and certain resolutions of the Village of Sleepy Hollow, said codification to be known
as the "Code of the Village of Sleepy Hollow," a continuation of the public hearing will be held
by the Board of Trustees at Village Hall, 28 Beekman Avenue in the Village of Sleepy Hollow,
on the November 13, 2012, at 7:00 p.m. or shortly thereafter, originally set for Tuesday, the
10m day of July, 2012, at 7 p.m.; to consider the enactment of the proposed local law described
and summarized below:
PROPOSED LOCAL LAW NO.

-2012

A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS,
ORDINANCES AND CERTAIN RESOLUTIONS OF THE VILLAGE OF SLEEPY HOLLOW
INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF
SLEEPY HOLLOW"
This local law:
(1)

States the legislative intent of the Board of Trustees in adopting the Code.

(2)

Provides for the designation of the local laws, ordinances and certain resolutions of
the Village of Sleepy Hollow as the "Code of the Village of Sleepy Hollow."

(3)

Repeals local laws and ordinances of a general and permanent nature not included in
the Code, except as provided.

(4)

Saves from repeal certain local laws and ordinances and designates certain matters
not affected by repeal.

(5)

Retains the meaning and intent of previously adopted legislation.

(6)

Provides for the filing of a copy of the Code in the Village Clerk's office.

(7)

Provides for certain changes in or additions to the Code.

(8)

Prescribes the manner in which amendments and new legislation are to be
incorporated into the Code.

(9)

Requires that Code books be kept up-to-date.

(10)

Provides for the sale of Code books by the village and the supplementation thereof.

(11)

Prohibits tampering with Code books, with offenses punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both.

(12)

Establishes severability provisions with respect to the Code generally.

�(13)

Provides that the local law will be included in the Code as Chapter 1, Article I.

(14)

Adopts the "Code of the Village of Sleepy Hollow," the Table of Contents of which
is as follows:
TABLE OF CONTENTS
PART I: ADMINISTRATIVE LEGISLATION

I.

General Provisions

5.

Administrator

9.

Architectural Review Board

II.

Architecture, Land Use Development, Buildings and Building Compliance,
Department of

23.

Defense and Indemnification

27.

Disciplinary Hearings

34.

Ethics, Code of

71.

Police, Auxiliary

80.

Records, Public Access to

83.

Recreation Commission

87.

Residency Requirements

PART II: GENERAL LEGISLATION

110.

Alarm Systems

114.

Alcoholic Beverages

119.

Amusement Devices

123.

Animals

135.

Bicycles, In-Line Skates and Skateboards

139.

Boardinghouses

145.

Building Construction

148.

Buildings, Demolition of

151.

Buildings, Numbering of

167.

Dance Halls and Dancing

175.

Dumpsters

182.

Electrical Standards

190.

Excavation, Filling and Topsoil Removal

193.

Explosives and Blasting

200.

Fees

�208.

Filming

216.

Fishing

220.

Flood Damage Prevention

225.

Gardeners

229.

Gasoline Stations

234.

Graffiti

240.

Handbills and Posters

245.

Housing Standards

251.

Industrial Facilities

259.

Laundries and Car Washes

263.

Littering

268.

Public Gatherings

272.

Noise

276.

Notification of Defects

280.

Nuisances

295.

Parks and Recreation Areas

299.

Peddling and Soliciting

304.

Plumbers

310.

Property Maintenance

319.

Residential Occupancy Restrictions

326.

Sewer Rents

330.

Sewers

338.

Signs

342.

Slaughterhouses and Fat-Rendering Establishments

347.

Solid Waste

353.

Storm Sewers

358.

Stormwater Management and Erosion and Sediment Control

362.

Streets and Sidewalks

367.

Tattooing

370.

Taxation

373.

Taxicabs

377.

Telecommunications Franchises

385.

Trees

400.

Vehicles and Traffic

405.

Vehicles, Recreational

�411.

Water

414.

Waterfront Consistency Review

418.

Wetlands and Watercourses

PART III: LAND USE LEGISLATION

425.

Subdivision of Land

450.

Zoning

Copies of the local law described above and of the Code proposed for adoption thereby are on file
in the office of the Village Clerk of the Village of Sleepy Hollow, where the same are available
for public inspection during regular office hours from 8:30 am to 4:30 pm and on the Village
website at www.sleepvhollownv.gov
PLEASE TAKE FURTHER NOTICE that all interested persons will be given an opportunity
to be heard on said proposed local law at the place and time aforesaid.
Village Hall is accessible to the handicapped.
NOTICE IS HEREBY GIVEN, pursuant to the requirements of the Open Meetings Law of the
State of New York, that the Board of Trustees of the Village of Sleepy Hollow will convene in
public meeting at the place and time aforesaid for the purpose of conducting a public hearing on
the proposed local law described above and, as deemed advisable by said Board, taking action on
the enactment of said local law.
DATED: July 10, 2012
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF SLEEPY HOLLOW
Paula A. McCarthy
Village Clerk

�Meeting Date:
Resolution No:

11/13/2012
11/138/2012

Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow
to Terminate Deputy Treasurer
Whereas, Mrs. Clara Zamora has been absent from her employment from the
Department of Finance in excess of one year; and
Whereas, Civil Service Law permits the termination of employees who have been
absent from their employment in excess of one year; and
Whereas, Mrs. Clara Zamora has been served with proper notice regarding the
Village's intention to terminate her employment.
Now, therefore, be it resolved, the employment of Clara Zamora with the Village of
Sleepy Hollow is hereby terminated effective immediately.
Moved: Trustee Carr

Seconded: Trustee Campbell

Vote: 6-0

�Meeting Date: 11/13/2012
Resolution #: 11/139-A/2012

Bond Resolution A

ENVIRONMENTAL COMPLIANCE RESOLUTION TO MAKE FINDINGS
AND DETERMINATIONS

Whereas, Hahn Engineering Inc, a competent architect/engineering firm, duly licensed by
the State of New York (the "Architect/Engineer"), has, at the instance of the Board of Trustees of
the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York,
located in the County of Westchester, prepared plans and studies for the construction,
reconstruction, widening or resurfacing of a road or street, including sidewalks, curbs, gutters,
drainage, landscaping and grading, including furnishings and preliminary work and the acquisition
of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and
any preliminary and incidental costs related thereto (the "Project") and said engineering plans and
studies have been filed in the office of the Village Clerk and are on file for public inspection; and
Whereas, the Board of Trustees of the Village has determined that upon the examination of
an environmental assessment form ("EAF") prepared by the Architect/Engineer, the Project is a
"type 2 action", as that term is defined in 6 NYCRR §617.5, and therefore the Village has caused
the EAF to be prepared and promptly filed with the Village Clerk; and
Whereas, it is proposed that the maximum amount estimated to be expended for the Project
is $330,795 and that the costs of the Project, in whole or in part, are to be financed by the issuance
of serial bonds of the Village in the aggregate principal amount of up to $330,795, pursuant to the
Local Finance Law of the State of New York (the "LFL") and, if deemed advisable, by the issuance
of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

NEWYORK/154813.1

�Whereas, it is proposed that the costs of the Project are to be paid from a tax levied upon
all the taxable property in the Village in annual installments determined by the Board of Trustees of
the Village in amounts sufficient to pay the principal of and interest on said serial bonds, to be
authorized in a bond resolution to be adopted by the Board of Trustees of the Village; and
Whereas, the evidence contained in such engineering plans and studies and in the EAF with
respect to the Project permits the Board of Trustees of the Village to make the determinations
hereinafter in connection with actions to be made for the purpose of authorizing the financing of the
Project;
Now, therefore, pursuant to proceedings prescribed in 6 NYCRR at §617 of the State
Environmental Quality Review Act ("SEQRA") regulations, BE IT RESOLVED, BY THE
BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF
WESTCHESTER, STATE OF NEW YORK, as follows:
Section 1.

The Village, by and through its Board of Trustees, hereby declares and

designates itself to be the "lead agency", as that term is defined in 6 NYCRR §617.2(u), with
respect to the environmental review of the Project.
Section 2.

Upon receipt and examination of the EAF, it is hereby determined that the

Project is a "type 2 action", as that term is defined in 6 NYCRR §617.5.
Section 3.

No other agency other than the Village is involved in said environmental

review and no coordinated review or segmentation of such review is necessary or required with
respect to the Project.

D0B:[04785.DOCS.SOUTHORANGE]8-97_PROCEEDINGS.RES
NEWYORK/154813.1

2

�Section 4.

No hearing as set forth in 6 NYCRR §617.9(a)(4) is required in making

the determinations contained herein with respect to the costs of the Project.
Section 5.

Taking into account the criteria set forth in 6 NYCRR §617.7, upon review

of all pertinent information, including taking a hard look at all the facts and circumstances, it is
determined that the Project (i) will have a significant effect on the climate or climate change, and
(ii) will have a significant effect on the environment, and no unidentified adverse effects are
anticipated with respect thereto and require the further preparation of an Environmental Impact
Statement.
Section 6.

It is hereby determined that for purposes of the SEQRA regulations the

serial bond resolution to be adopted under the LFL to finance the Project shall not be or be deemed
to be an "action", as that term is defined in 6 NYCRR §617.2(b), until such bond resolution is
adopted by the Board of Trustees of the Village.
Section 7.

The Village shall include a true copy of this resolution in the file maintained,

readily accessible to the public, in the office of the Village Clerk, containing the EAF.
Section 8.

This resolution shall take effect immediately upon its adoption by the Board

of Trustees of the Village.
Moved: Trustee MacFarlane

Seconded: Trustee Campbell

D0B:L04785.DOCS.SOUTHORANGE]8-97_PROCEEDINGS.RES
NEWYORK/154813.1

3

Vote: 6-0

�Meeting Date: 11/13/2012
Resolution #: 11/139-B/2012

Bond Resolution B

BOND RESOLUTION, DATED NOVEMBER 13, 2012, AUTHORIZING
THE ISSUANCE OF UP TO $454,068 AGGREGATE PRINCIPAL AMOUNT
SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF
WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION
OF MOTOR VEHICLES, (II) THE ACQUISITION OF EQUIPMENT,
MACHINERY, APPARATUS OR FURNISHINGS, (III) THE PURCHASE
AND INSTALLATION OF PARKING METERS, (IV) THE PURCHASE OF
EQUIPMENT OR FURNISHING USED IN CONNECTION WITH AN
AMBULANCE, (V) THE INITIAL PLANNING OF COMPREHENSIVE
IMPROVEMENTS TO DELL STREET, AND (VI) THE PAYMENT OF A
JUDGMENT OR COMPROMISED OR SETTLED CLAIM AGAINST THE
VILLAGE, IN AND FOR THE VILLAGE.
Whereas, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a
municipal corporation of the State of New York, located in the County of Westchester, hereby
determines that it is in the public interest of the Village to authorize the financing of the costs of (i)
the acquisition of motor vehicles ($137,418), (ii) the acquisition of equipment, machinery, apparatus
or furnishings ($211,589), (iii) the purchase and installation of parking meters ($10,507), (iv) the
purchase of equipment or furnishing used in connection with an ambulance ($26,265), (v) the initial
planning of comprehensive improvements to Dell Street ($31,518), and (vi) the payment of a
judgment or compromised or settled claim against the Village ($36,771), in and for the Village,
including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed
$454,068, in accordance with the Local Finance Law;
Now, therefore, be it resolved, by the Board of Trustees of the Village of Sleepy Hollow,
County of Westchester, State of New York, as follows:
Section 1.

There is hereby authorized to be issued serial bonds of the Village, and/or

bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate
principal amount not to exceed $454,068, pursuant to the Local Finance Law, in order to finance the
NEWYORK/154748.1

�costs of the specific objects or purposes, or classes of objects or purposes, which costs may vary
between and among the same objects or purposes up to the total amount authorized herein and
hereinafter described.
Section 2.

The specific objects or purposes, or classes of objects or purposes, to be

financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated
maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of
bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for
such specific objects or purposes, and the period of probable usefulness of such specific objects or
purposes, or classes of objects or purposes, pursuant to the applicable subdivision of paragraph a of
Section 11.00 of the Local Finance law, are as follows:
(a)

The acquisition of motor vehicles, including any preliminary and incidental costs

related thereto, at an estimated maximum cost of $137,418 for which $137,418 principal amount of
serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial
bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of
five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law.
Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a)
the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation
notes issued in anticipation of the issuance of such serial bonds; and
(b)

The acquisition of equipment, machinery, apparatus or furnishings, including any

preliminary and incidental costs related thereto, at an estimated maximum cost of $211,589 for
which $211,589 principal amount of serial bonds, and/or bond anticipation notes issued in
anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore,
having a period of probable usefulness of five (5) years pursuant to subdivision 32 of paragraph a of

�Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five
(5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the
date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds; and
(c)

The purchase and installation of parking meters, including any preliminary and

incidental costs related thereto, at an estimated maximum cost of $10,507 for which $10,507
principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the
issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of
probable usefulness of five (5) years pursuant to subdivision 50 of paragraph a of Section 11.00 of
the Local Finance Law.

Such serial bonds shall have a maximum maturity of five (5) years

computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the
first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
(d)

The purchase of equipment or furnishing used in connection with an ambulance,

including any preliminary and incidental costs related thereto, at an estimated maximum cost of
$26,265 for which $26,265 principal amount of serial bonds, and/or bond anticipation notes issued
in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore,
having a period of probable usefulness of five (5) years pursuant to subdivision 27-a of paragraph a
of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of
five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b)
the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such
serial bonds; and
(e)

The initial planning of comprehensive improvements to Dell Street, including any

preliminary and incidental costs related thereto, at an estimated maximum cost of $31,518 for which

�$31,518 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of
the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period
of probable usefulness of five (5) years pursuant to subdivision 62(a) of paragraph a of Section
11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years
computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the
first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
(f)

The payment of a judgment or compromised or settled claim against the Village,

including any preliminary and incidental costs related thereto, at an estimated maximum cost of
$36,771 for which $36,771 principal amount of serial bonds, and/or bond anticipation notes issued
in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore,
having a period of probable usefulness of five (5) years pursuant to subdivision 33(a) of paragraph a
of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of
five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b)
the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such
serial bonds; and
Section 3.

The Board of Trustees of the Village has ascertained and hereby states that

(a) the estimated maximum costs of the Project are not to exceed $454,068; (b) no money has
heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board
of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial
bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance
of such serial bonds; (d) the maturity of such serial bonds authorized herein shall not be in excess
of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in
connection with the Project for which the proceeds of any obligations authorized herein are to be

�applied to reimburse the Village, the Board of Trustees of the Village took "official action" for
federal income tax purposes to authorize the capital financing of such expenditure.
Section 4.

Subject to the terms and conditions of this bond resolution and the Local

Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00,
inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation
notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the
power to prescribe the terms, form and contents of such serial bonds and such bond anticipation
notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes,
are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The
Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued
pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the
issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of
the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond
anticipation notes and to attest such seal. Each interest coupon, if any, representing interest
payable on such serial bonds shall be authenticated by the manual or facsimile signature of the
Village Treasurer.
Section 5.

The faith and credit of the Village are hereby and shall be irrevocably

pledged for the punctual payment of the principal of and interest on all obligations authorized
and issued pursuant to this bond resolution as the same shall become due.
Section 6.

When this bond resolution takes effect, the Village Clerk shall cause the

same, or a summary thereof, to be published, together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law, in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized herein, and of

�bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be
contested only if such obligations are authorized for an object or purpose, or class of object or
purpose, for which the Village is not authorized to expend money, or the provisions of law,
which should have been complied with as of the date of publication of this bond resolution, or
such summary thereof, were not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such publication,
or if such obligations were authorized in violation of the provisions of the Constitution of the
State of New York.
Section 7.

Prior to the issuance of any obligations authorized herein, the Board of

Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the
Environmental Conservation Law, all regulations promulgated thereunder by the New York State
Department of Environmental Conservation, and all applicable Federal laws and regulations in
connection with environmental quality review relating to the Project (collectively, the
"environmental compliance proceedings").

In the event that any of the environmental

compliance proceedings are not completed, or require amendment or modification subsequent to
the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt,
amend or modify this bond resolution prior to the issuance of any obligations authorized herein
upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village
that the Project will not have a significant effect on the environment.
Section 8.

The Village hereby declares its intention to issue the serial bonds

authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such
serial bonds (collectively, the "obligations"), to finance the costs of the Project. The Village
covenants for the benefit of the holders of such obligations that it will not make any use of the

�proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or
interest on such obligations or any other funds of the Village, and will not make any use of the
Project which would cause the interest on such obligations to become subject to federal income
taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the
federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject
the Village to any penalties under section 148 of the Code, and that it will not take any action or
omit to take any action with respect to such obligations, the proceeds thereof or the Project
financed thereby, if such action or omission would cause the interest on such obligations to
become subject to federal income taxation under the Code (except for the federal alternative
minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any
penalties under section 148 of the Code. The foregoing covenants shall remain in full force and
effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond
resolution or any other provisions hereof, until the date which is sixty (60) days after the final
maturity date or earlier prior redemption date thereof.

The proceeds of any obligations

authorized herein may be applied to reimburse expenditures or commitments of the Village made
in connection with the Project on or after a date which is not more than sixty (60) days prior to
the date of adoption of this bond resolution by the Board of Trustees of the Village.
Section 9.

For the benefit of the holders and beneficial owners from time to time of

the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the
issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person
with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities
Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to
be provided such financial information and operating data, financial statements and notices, in

�such manner as may be required for purposes of the Rule. In order to describe and specify
certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to
implement that agreement, including provisions for enforcement, amendment and termination,
the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of
the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be
placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement
made by the Village for the benefit of holders and beneficial owners of such obligations
authorized herein in accordance with the Rule, with any changes or amendments that are not
inconsistent with this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively
evidenced by the signing of the Commitment or amendments thereto. The agreement formed
collectively by this paragraph and the Commitment shall be the Village's continuing disclosure
agreement for purposes of the Rule, and its performance shall be subject to the availability of
funds and their annual appropriation to meet costs the Village would be required to incur to
perform thereunder.

The Village Treasurer is further authorized and directed to establish

procedures in order to ensure compliance by the Village with its continuing disclosure
agreement, including the timely provision of information and notices. Prior to making any filing
in accordance with the agreement or providing notice of the occurrence of any material event, the
Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or
other qualified independent special counsel to the Village and shall be entitled to rely upon any
legal advice provided by the Village Attorney and such bond counsel or other qualified
independent special counsel in determining whether a filing should be made.

�Section 10.

This bond resolution is effective immediately upon adoption by the Board

of Trustees of the Village.

Moved: Deputy Mayor Wompa

Seconded: Trustee Campbell

Vote:6-0

�Meeting Date: 11/13/2012
Resolution #: 11/139-C/2012

Bond Resolution C

BOND RESOLUTION, DATED NOVEMBER 13, 2012, AUTHORIZING
THE ISSUANCE OF UP TO $395,932 AGGREGATE PRINCIPAL AMOUNT
SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF
WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF THE (I) ACQUISITION
OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND
MAINTENANCE AND (II) THE CONSTRUCTION, RECONSTRUCTION,
WIDENING OR RESURFACING OF A ROAD OR STREET, INCLUDING
SIDEWALKS,
CURBS, GUTTERS, DRAINAGE,
LANDSCAPING,
GRADING, IN AND FOR THE VILLAGE.
Whereas, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a
municipal corporation of the State of New York, located in the County of Westchester, hereby
determines that it is in the public interest of the Village to authorize the financing of the costs of (i)
acquisition of machinery and apparatus for construction and maintenance ($65,137) and (ii) the
construction, reconstruction, widening or resurfacing of a road or street, including sidewalks, curbs,
gutters, drainage, landscaping, grading, in and for the Village ($330,795), including the acquisition
of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore
and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed
$395,932, all in accordance with the Local Finance Law;
Now, therefore, be it resolved, by the Board of Trustees of the Village of Sleepy Hollow,
County of Westchester, State of New York, as follows:
Section 1.

There is hereby authorized to be issued serial bonds of the Village, and/or

bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate
principal amount not to exceed $395,932, pursuant to the Local Finance Law, in order to finance the
costs of the specific objects or purposes, or classes of objects or purposes, hereinafter described.
Section 2.

The specific objects or purposes, or classes of objects or purposes, to be

financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated

�maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of
bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for
such specific objects or purposes, and the period of probable usefulness of such specific objects or
purposes, or classes of objects or purposes, pursuant to the applicable subdivision of paragraph a of
Section 11.00 of the Local Finance law, are as follows:
(a)

The costs of the acquisition of machinery and apparatus for construction and

maintenance, including the acquisition of any applicable equipment, machinery, apparatus, land
or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at
an estimated maximum cost of $65,137 for which $65,137 principal amount of serial bonds, and/or
bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized
herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years
pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Such serial
bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date
of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes
issued in anticipation of the issuance of such serial bonds; and
(b)

The construction, reconstruction, widening or resurfacing of a road or street,

including sidewalks, curbs, gutters, drainage, landscaping, grading, including improvements,
including the acquisition of any applicable equipment, machinery, apparatus, land or rights-inland necessary therefore and any preliminary and incidental costs related thereto, at an estimated
maximum cost of $330,795 for which $330,795 principal amount of serial bonds, and/or bond
anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein
and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds
NEWYORK/L 54751.1

�shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the
first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in
anticipation of the issuance of such serial bonds.
Section 3.

The Board of Trustees of the Village has ascertained and hereby states that

(a) the estimated maximum costs of the Project are not to exceed $395,932; (b) no money has
heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board
of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial
bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance
of such serial bonds; (d) the maximum maturity of such serial bonds authorized herein shall be in
excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in
connection with the Project for which the proceeds of any obligations authorized herein are to be
applied to reimburse the Village, the Board of Trustees of the Village took "official action" for
federal income tax purposes to authorize the capital financing of such expenditure.
Section 4.

Subject to the terms and conditions of this bond resolution and the Local

Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00,
inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation
notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the
power to prescribe the terms, form and contents of such serial bonds and such bond anticipation
notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes,
are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The
Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued
pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the
issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of
NEW YORK/154751.1

�the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond
anticipation notes and to attest such seal. Each interest coupon, if any, representing interest
payable on such serial bonds shall be authenticated by the manual or facsimile signature of the
Village Treasurer.
Section 5.

The faith and credit of the Village are hereby and shall be irrevocably

pledged for the punctual payment of the principal of and interest on all obligations authorized
and issued pursuant to this bond resolution as the same shall become due.
Section 6.

When this bond resolution takes effect, the Village Clerk shall cause the

same, or a summary thereof, to be published, together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law, in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized herein, and of
bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be
contested only if such obligations are authorized for an object or purpose, or class of object or
purpose, for which the Village is not authorized to expend money, or the provisions of law,
which should have been complied with as of the date of publication of this bond resolution, or
such summary thereof, were not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such publication,
or if such obligations were authorized in violation of the provisions of the Constitution of the
State of New York.
Section 7.

Prior to the issuance of any obligations authorized herein, the Board of

Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the
Environmental Conservation Law, all regulations promulgated thereunder by the New York State
Department of Environmental Conservation, and all applicable Federal laws and regulations in
NEW YORK/154751.1

�connection with environmental quality review relating to the Project (collectively, the
"environmental compliance proceedings").

In the event that any of the environmental

compliance proceedings are not completed, or require amendment or modification subsequent to
the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt,
amend or modify this bond resolution prior to the issuance of any obligations authorized herein
upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village
that the Project will not have a significant effect on the environment.
Section 8.

The Village hereby declares its intention to issue the serial bonds

authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such
serial bonds (collectively, the "obligations"), to finance the costs of the Project. The Village
covenants for the benefit of the holders of such obligations that it will not make any use of the
proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or
interest on such obligations or any other funds of the Village, and will not make any use of the
Project which would cause the interest on such obligations to become subject to federal income
taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the
federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject
the Village to any penalties under section 148 of the Code, and that it will not take any action or
omit to take any action with respect to such obligations, the proceeds thereof or the Project
financed thereby, if such action or omission would cause the interest on such obligations to
become subject to federal income taxation under the Code (except for the federal alternative
minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any
penalties under section 148 of the Code. The foregoing covenants shall remain in full force and
effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond
NEWYORK/l 54751.1

�resolution or any other provisions hereof, until the date which is sixty (60) days after the final
maturity date or earlier prior redemption date thereof.

The proceeds of any obligations

authorized herein may be applied to reimburse expenditures or commitments of the Village made
in connection with the Project on or after a date which is not more than sixty (60) days prior to
the date of adoption of this bond resolution by the Board of Trustees of the Village.
Section 9.

For the benefit of the holders and beneficial owners from time to time of

the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the
issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person
with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities
Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to
be provided such financial information and operating data, financial statements and notices, in
such manner as may be required for purposes of the Rule. In order to describe and specify
certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to
implement that agreement, including provisions for enforcement, amendment and termination,
the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of
the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be
placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement
made by the Village for the benefit of holders and beneficial owners of such obligations
authorized herein in accordance with the Rule, with any changes or amendments that are not
inconsistent with this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively
evidenced by the signing of the Commitment or amendments thereto. The agreement formed
collectively by this paragraph and the Commitment shall be the Village's continuing disclosure
NEW YORK/154751.1

�agreement for purposes of the Rule, and its performance shall be subject to the availability of
funds and their annual appropriation to meet costs the Village would be required to incur to
perform thereunder.

The Village Treasurer is further authorized and directed to establish

procedures in order to ensure compliance by the Village with its continuing disclosure
agreement, including the timely provision of information and notices. Prior to making any filing
in accordance with the agreement or providing notice of the occurrence of any material event, the
Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or
other qualified independent special counsel to the Village and shall be entitled to rely upon any
legal advice provided by the Village Attorney and such bond counsel or other qualified
independent special counsel in determining whether a filing should be made.
Section 10.

This bond resolution is subject to a permissive referendum and will take

effect upon its adoption by the Board of Trustees of the Village and the expiration of the period
prescribed in the Village Law during which petitions for a permissive referendum may be
submitted and filed with the Village Clerk.
Moved: Deputy Mayor Wompa

NEWYORK/l 54751.1

Seconded: Trustee Stupel

Vote: 6-0

�Meeting Date:
Resolution No:

11/13/2012
11/140/2012

Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow
Adopting Tax Exemption for Senior Citizens
Whereas, the Village of Sleepy Hollow ("Sleepy Hollow") has conducted a public
hearing to approve the continuation of a partial tax exemption for senior citizens for the
2013 Assessment Roll according to Section 467 of the Real Property Law; and
Whereas, this partial property tax exemption is based in part upon the income of the
senior citizens who apply for this exemption; and
Whereas, it is the intention of Sleepy Hollow to grant the maximum possible
exemption in accordance with those income levels to its senior citizens.
Now, therefore, be it resolved, that Sleepy Hollow hereby adopts the maximum
level of income permitted, together with the highest percent of exemption permitted by
Section 467 of the Real Property Tax Law and that the Village Assessor is authorized to
accept and grant those exemptions where appropriate in accordance with those
guidelines; and
Be it further resolved, that in determining eligibility and levels of income, senior
citizen applicants may deduct un-reimbursed medical and prescription drug expenses
and/or veteran's disability compensation when calculating the "Total Income" of the
owners of real property.
Moved: Deputy Mayor Wompa

Seconded: Trustee Stupel

Vote: 6-0

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                    <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,
November 6, 2012 at 7:00P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel
Barbara Carr

Trustees

Also Present: Anthony Giaccio, Village Administrator
Janet Gandolfo, Village Attorney
Robin Pell, Recreation Supervisor
Mayor Wray called the work session to order at 7:00 p.m.
MAYOR'S ANNOUNCEMENTS - The Mayor reminded residents to vote if they haven't done
so already. Mayor Wray also made an announcement regarding the Village's response to the
affects of Super Storm Sandy.
SUPER STORM SANDY REPORT - Mr. Giaccio read his report on the Village's response to
the affects of Super Storm Sandy (See attached).
TREE APPEALS - The Board reviewed a request from Naiomi Grurjan to overturn a tree
committee decision to remove a tree at 132 Depeyster Street. The tree committee's vote was
split two to two. The Board overturned the tree committee's decision based on a tree expert's
opinion. A tree committee appeal request for 60 New Broadway was tabled due to a lack of new
information.
RECEATION REPORT - Recreation Supervisor, Robin Pell gave a recreation report. Ms. Pell
talked about the after-school program, hayride, pumpkin painting event and basketball programs.
The new chess program will start this coming Saturday. Ms. Pell also gave a summary of all the
senior citizen activities that are going on. The Board had some questions and comments.
Discussion ensued.
FIRE TRUCK DONATION - The Board discussed the idea of donating the Village's old fire
truck to a community affected by Super Storm Sandy. Ms. Gandolfo was asked if this was
permitted by law. Ms. Gandolfo said that municipalities cannot donate items, but they can sell
them. Mayor Wray suggested lowering the minimum bid amount from its original $25,000. The
Board discussed the possibility of loaning the truck as opposed to donating it.

�TERMINATE EMPLOYEE - Mayor Wray informed the Board that an employee in the finance
department has been out of work for over a year and can be legally terminated. Mayor Wray
requested that a resolution on this be put on the next Board meeting agenda.
CAPITAL PROJECTS - The Village Board continued its discussion on capital projects. The
board focused on an expenditure related to security cameras. Trustee MacFarlane felt that it was
unnecessary to have cameras in the General Motors parking lot. The Board requested a report on
the numbers of cameras being requested, where they will be located and a cost breakdown.
CODE REVISIONS - Discussion on code revisions was tabled.
At 8:30pm the meeting was adjourned
Respectfully submitted,

Village Administrator

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                    <text>Meeting Date:
Resolution #:

10/23/2012
10/131/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Approve Records Management Days at Village Hall
Be it resolved that the Board of Trustees herein approves Records Management/Archive
Days in Village Hall to be scheduled for Friday, November 2"^ 2012.
Be It Further Resolved that Village Hall will be closed to the public on said date.
Moved: Trustee Carr

Seconded: Trustee Lobato-Church

Absent: Deputy Mayor Wompa

Vote: 5-0

�Meeting Date:
Resolution #:

10/23/2012
10/132/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Payment to Pierce Manufacturing Inc.
Whereas, Per contract specifications one (1) Pierce Velocity Pumper truck is due to be
delivered to the Village on October 25, 2012; and
Whereas, payment for said truck is due within 15 days of delivery, inspection and
acceptance.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow hereby authorizes the Village Treasurer to make payment for said truck in the
amount of $618,172.00 from Capital Project Line H.3410.200.06, upon delivery,
inspection and acceptance of the truck by representatives of the Fire Department.
Moved: Trustee Campbell
Absent: Deputy Mayor Wompa

Second: Trustee Stupel

Vote: 5-0

�Meeting Date:
Resolution #:

10/23/2012
10/133/2012

Resolution of the Mayor and the Board of Trustees Hiring
On-Call Crossing Guard
WHEREAS, a position for part time on-call crossing guard is needed to fill in when a
crossing guard is out sick or has requested time off; and
WHEREAS, in order to maintain the safety of school children and pedestrians, this
position should be filled as quickly as possible; and
WHEREAS, Wilfredo Flores of 155 Depeyster Street Sleepy Hollow NY has applied for
this position; and
WHEREAS, the Chief of Police has recommended that Wilfredo Flores be hired to fill
this position;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees of the
Village of Sleepy Hollow hereby approve that Wilfredo Flores be hired to work as a
crossing guard for the Village of Sleepy Hollow at a salary rate of $15.00 per hour.
IMIoved: Trustee MacFarlane

Seconded: Trustee Campbell

Vote: 4-1

Roll Call: Trustees Campbell, Carr, Stupel and Lobato-Church Voted: Yes
Trustee MacFarlane Vote: No
Absent: Deputy Mayor Wompa

�Meeting Date: 10/23/2012
Resolution #: 10/134/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Appointing a Member to the Library Board
The Board of Trustees liereby confirms the Mayor's appointment of Fiona Hodgson
for a term of five years, said term to end on April
2017.
Moved: Trustee Campbell
Absent: Deputy Mayor Wompa

Seconded: Trustee Stupel

Vote: 5-0

�Meeting Date:
Resolution #:

10/23/2012
10/135/2012
Resolution Changing Parking Violation Fees

WHEREAS, the Village of Sleepy Hollow has a fine schedule for violations of parking
regulations; and
WHEREAS, in order to change the fee schedule for certain violations; and
WHEREAS, a resolution is required to make such changes; and
WHEREAS, the Chief of Police has recommended that the following fines for violations
of the parking regulations be amended; and
WHEREAS, the attached schedule for parking fines is provided;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow hereby approves the amended fine schedule for violations of parking
regulations, to be effective January 1, 2013.
Moved: Trustee Stupel

Seconded: Trustee Lobato-Church

Absent: Deputy Mayor Worn pa

Vote: 5-0

�Parking Violation
As of 10/23/2012

Rate of Fine
(expressed in dollars)

Expired Metered Time
Alternate Side
Fire Zone/Fire Hydrant
Handicap Parking

30
25
125
155
(125 + NYS surcharge 30)

Double Parking
Overnight Commercial
Vehicle
Expired/No Registration
Expired/No Inspection
Wrong Side to Curb
Blocking Driveway
Blocking Crosswalk
Blocking Intersection
Permit Parking Only
(No Permit-Village)
Park Outside Markings
No Parking Zone
Restricted Parking Zone
Parked Over Time
(2 Hour Limit)
Snow Zone
Tow Away Zone
Vehicle Trespass
Vehicle Parked More
Than 48 Hours
Abandoned Vehicle
Other Parking
Regulations
As of 1/1/2013

50 percent Reduction
if Paid within
One business day
15
12.50

25 percent Reduction if
Paid within One week:
(seven calendar days)
22.50
18.75

NA
NA

NA
NA

75
100

NA
NA

NA
NA

75
75
35
50
50
50
35

NA
NA

NA
NA

25
50
50
50

17.50

26.25
NA
NA
NA
NA

12.50

NA
NA
NA
NA
18.75

NA
NA
NA

NA
NA
NA

75
75
75
75

NA
NA
NA
NA

NA
NA
NA
NA

75
25

NA
NA

NA
NA

As of 1/1/2013

As of 1/1/2013

As of 1/1/2013

�Meeting Date:
Resolution #:

10/23/2012
10/136/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Confirming the Actions of the Ambulance Corps
Whereas, the Board of Trustees approves tlie actions of the Ambulance Corps
members in electing the following people in the attached list, to active membership with
the Sleepy Hollow Volunteer Ambulance Corps:
BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to
notify the Ambulance Captain in writing of this resolution.
Moved: Trustee Lobato-Church
Absent: Deputy Mayor Wompa

Second: Trustee Carr

Vote: 5-0

�October 22, 2012

Mayor Kenneth Wray
Village Of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591
Dear Mayor Wray:
After a favorable interview with the Village Administrator, the following people have been
placed on active membership with the Sleepy Hollow Volunteer Ambulance Corps:
Kate Hopkins
Kyle Keegan
Donald Landry
Kathleen McKenney
Christopher Murray
Elliott Sotemayor ( ^ . n d

Thank you.

Edgar J Brennen ill
Captain
Sleepy Hollow Volunteer Ambulance Corps

�Meeting Date:
Resolution #:

10/23/2012
10/137/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving
the Action of the Board of Fire Wardens
Whereas, the Board of Fire Wardens of the Sleepy Hollow Fire Department at their
October 12, 2012 meeting approved Cari Ann Dell'Orletta as a driver of Engine 85 and;
Whereas, an abstract of her driving record was ordered per the Villages automobile
use policy and;
Whereas, said abstract was found to be acceptable.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow concurs with the recommendation of the Board of Fire Wardens to accept
Cari Ann Dell'Orletta as a driver of Engine 85 and;
Be it further resolved the Board of Trustees directs the Village Clerk to notify the
Board of Fire Wardens in writing of this resolution.
Moved: Trustee Carr

Second: Trustee Campbell

Absent: Deputy Mayor Wompa

Vote: 5-0

�sleepy yfodaw Tire (Department
Fire Patrol Co. No. I
Organized. 1876

William F. Ryan
Chief Engineer

Pocantico Hook &amp; Ladder Co. No. 1
Organized. 1878

Patrick S. Haggerty
l'^^ Assistant Chief

Rescue Hose Co. No. 1
Organized. 1887
Union Hose Co. No. 2
Organized. 1887
Columbia Hose Co. No. 3
Organized. 1899

John E. Korzelius
Assistant Chief

1876
More than a Legend

28 Beekman Avenue
Sleepy Hollow, New Y o r k 10591
Phone (914) 366-5119 • Fax (914) 332-1307
Email- sleepyhollowfire@villageofsleepyhollow.org

10/15/2012
Mayor Kenneth G. Wray
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591
Mayor Wray:
This letter is being sent to officially notify the Sleepy Hollow Board of Trustees of a personnel action taken by
the Sleepy Hollow Board of Fire Wardens on October 12, 2012.
The Wardens were notified on October 12'^ that Cari Ann Dell'Orletta had successfully completed her course
of instruction to become a driver of Engine 85 (Rescue Hose Co. No. 1)
The Wardens request that the Board follow the normal course of action on this matter.

Secretary, Board of Fire Wardens

Cc: Board of Trustees
Village Administrator
Village Clerk
Village Attorney

�Meeting Date: 10/23/2012
Resolution #: 10/138/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing an annual Halloween Ragamuffin Parade and Block Party
WHEREAS, the Phillpse Manor Association "PMIA" has requested to have a Ragamuffin Parade
on Sunday, October 28, 2012 starting at Merlin Avenue and Munroe Avenue, end at the Block
Party on Millard Avenue.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees hereby approve
the Halloween Ragamuffin Parade and Block Party on Sunday, October 28, 2012, between the
hours of 3:00 p.m. and 5:00 p.m.
Moved: Trustee Lobato-Church
Absent: Deputy Mayor Wompa

Seconded: Trustee Lobato-Church

Vote: 5-0

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, October
2 3 r , 2012 at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Barbara Carr
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel, Trustees

Absent:

Deputy Mayor Wompa

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Sean E. McCarthy, Village Building Inspector
Gregory Camp, Police Chief
Mayor Wray opened the meeting with a pledge to the flag and a moment of silence for
Robert Barstow, Margaret Checchitti and John Lofaro.
Tree Appeal - 60 N e w Broadway
The owner of 60 New Broadway, Mrs. Ponginebbi addressed the Mayor and the Board of
Trustees to appeal a tree denial on her property. She stated she is very concerned about the
80 feet tall pine tree on her property, right next to her house, and that she's afraid the tree
will fall on her house or her neighbor's house. She is willing to replace it with a smaller tree.
Tree committee member, Shelly Robinson, addressed the Mayor and the Board and stated
that she visited the tree at this location and said it is a magnificent tree, and it is a healthy
tree. The tree committee's decision taking down this tree was unanimous.
Mayor Wray stated that the Board relies on the tree commission to assist with suggestions
and supports their decision on this matter because it's a healthy tree.
Trustee Stupel stated that she too has very tall trees in her yard.
Trustee Lobato-Church asked if there was an arborist report regarding the tree at
60 New Broadway, and Mrs. Ponginebbi responded no.
Mrs. Ponginebbi stated to the Board that the tree is pushing up against a retaining wall and
she'd rather not have to fix it in the future. She stated again that she is concerned the tree
will fall in the future and damage her home. Mayor Wray stated that he can't find any
reason to take the tree down, since the tree is healthy.

�Trustee Campbell asked if the retaining wall was looked at.
General Foreman Richard Gross, stated that the retaining wall is fine.
Mayor Wray stated that the appeal is denied but that Mrs. Ponginebbi may appeal again in
the future if she sees concerning signs on the tree or if conditions worsen or if there are new
facts or circumstances to note after having an arborist review.
There were no further comments.
Public Hearing: Senior Tax Exemption
Mayor Wray opened the public hearing and evoked the 5 minute rule.
The Village Clerk read the notice aloud for the record (see attached)
Mr. Fred Gross, Village Assessor, addressed the Mayor and the Board and explained how the
real property tax law works and who is eligible. December 31, 2012 is the deadline for filing
an application.
The maximum income to receive the minimum discount is $37,399.99. A "Sliding Scale" is
used to determine the exemption percent, (between 50% and 5%). NYS has not changed
the "Sliding Scale" income ranges in four years. Qualification is based on the applicants' 2011
Income. The applicant's Federal Income Tax Form 1040 is the basis to determine "Income".
If the applicant didn't file a 2011 Federal 1040 then the applicant must provide other proof of
income received. This local law has been in place for many years.
Mario Belanich of North Washington Street addressed the Mayor and the Board and asked
what kind of income is considered for this application.
Mr. Fred Gross explained and discussion ensued.
There were no further comments at this time.
On a motion by Trustee Campbell, seconded by Trustee Carr, the public hearing was closed.
It was unanimous.
Public Hearing: Code Revisions
Mayor Wray opened the public hearing and evoked the 5 minute rule.
The Clerk read the notice aloud for the record (see attached)
Mayor Wray stated that the Board has been engaged in discussions and will continue to hold
public hearings to encourage residents to attend meetings and/or send written notices to the
Village Clerk. Everyone's comments will be considered.
Mario Belanich of North Washington Street addressed the Mayor and the Board and asked
about basketball hoops left out on the streets and sidewalk.
Discussion ensued.

�There were no further comments and Mayor Wray adjourned the public hearing at this time.
Approval of Warrants:
Trustee Carr moved, seconded by Trustee Lobato-Church to approve the warrant as
submitted and authorize the Treasurer to pay the bills in the total of $354, 010.62
It was unanimous.
Approval of Minutes:
Trustee Campbell moved, seconded by Trustee Carr to approve the minutes of 9/4/12.
It was unanimous.
Trustee Campbell moved, moved by Trustee Stupel to approve the minutes of 9/18/12.
It was unanimous.
Trustee Campbell moved, seconded by Trustee Lobato-Church to approve the minutes of
10/2/12. It was unanimous.
Mavor announcements:
At 8:05 p.m. Trustee Lobato-Church moved to go into executive session to discuss a legal
matter, Trustee MacFarlane seconded it.
At 9:08 p.m. Trustee Lobato-Church moved, seconded by Trustee Campbell to come out of
exec session. No action was taken.
Trustee Reports:
Trustee Carr - reported that the capital budget is still being discussed, and stated that
recommendations have been forwarded to the rest of the Board and then will take a vote in
the next few weeks.
Trustee MacFarlane - reported that the next Oktoberfest celebration is scheduled for the
the first Saturday in October of 2013.
There is a new chess club for children ages 6 to 12, starting Saturdays from 9:30 am to
11:00 am, free of charge. Yoga and Zumba classes are also in session with limited
participation.
Tr

t h S t e f h C a m p b e l 1 ~ r e p o r t e d t h a t Halloween Hayride will be for 3 evenings, starting the
26 , 27 from 7:00 pm to 11:00 pm and the 28th from 7:00pm to 10:00 pm. The block party
will be for the first 2 evenings starting at 5:00 pm. A considerable amount of sponsorships
was raised, approximately $26,000 so far, and thanked all of them for their support. Tickets
for the hayride are on sale now.
Trustee Stupel - reported that court is scheduled for Thursday and 9 cases are on the
calendar. Inspections of residential and commercial properties are ongoing.

�DPW report: Loose leaves are being currently picked up.
The trip and fall hazardous locations identified on Beekman Avenue are being repaired and
are nearly completely.
Due to the DPW holiday, there will be no garbage on November 6 th , Election Day.
Trustee Lobato-Church - reported that the new Fire truck is on its final inspection, and
will be on display all weekend during the block party. The unveiling will be Friday at 6pm.
The Public Safety Committee met and Trustee Lobato-Church gave a brief description of the
Police Advisory Committee and its mission, she stated that it meets the third Monday of every
month and invited people to attend this month if they were interested in learning more.
The committee also discussed paid EMT's for the Ambulance Corps.
Trustee Lobato-Church also reported on an incident this weekend, regarding a person who
passed away during the 10k run. She thanked and commended everyone who helped; good
samaritans, neighbors and two ambulance crews that were on standby along with two
paramedics. She also stated that there was a pre-race safety meeting with race organizers
and Village Officials, including S H V A C and PD. A thorough investigation into the events is
being conducted and will be reported back to the public.
Administrator's Report:
Mr. Giaccio reported that the Castle Oil tanks are currently being demolished.
The General Motors dredging project has begun and is expected to take 3 months.
The Con Edison gas line replacement project in the Manors will likely not be completed this
year, but should be completed in the spring.
Last night there was a Tappan Zee Bridge meeting. Although it was not well attended, those
who did go found it very informative.
The village received a micro-grant in the amount of $10,000 to restore the light for the
lighthouse.
Request for proposals have gone out for the Planning Board's planner and engineer as well
as for the ambulance building exhaust system.
Halloween Downtown Trick or Treating will be this Friday.
Mr. Giaccio reported that 950 hayride tickets have been sold so far and that the forecast
looks good.
On 11/20/12, there will be classes for sexual harassment and work place violence
Public Comments:
Mayor Wray opened the public hearing and evoked the 5 minute rule.
Mario Belanich of North Washington Street, addressed the Mayor and the Board of Trustees
and asked about the afterschool program monies and if there is a contractor for the GM
project.
Mayor responded and discussion ensued.

�Resolutions:

(see below)

Old Business:
Trustee MacFarlane suggested that all open positions for Village employment should be
advertised in advance and she suggested a policy be put in place regarding nepotism.
Trustee Lobato-Church asked for a follow up on traffic and parking issues at a future work
session.
Mr. Giaccio reported that he recently had a conference call with Assemblyman Abinanti
regarding traffic issues on Route 9 and will follow up in two weeks.
New Business:
Trustee Campbell reported that future Works Sessions will be out in the community, as
previously done.
Communications:
Village Clerk reported that a movie filmed on Rt 117, starting Kevin Bacon, was quietly done
without any traffic interruptions or complaints.
The Westchester County Clerk's passport unit was in Sleepy Hollow and about one dozen
people took advantage of it.
A tentative Sexual Harassment and Work Place Violence class for staff, appointed officials
and elected officials is scheduled for November 20th.
At 9:55 pm, on a motion by Trustee Campbell, seconded by Trustee Carr, the meeting was
adjourned.

Rp^nprffi ill\/ ^iihmit+prl

Village Clerk

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                    <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,
October 16, 2012 at 7:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Evelyn Stupel
Barbara Carr

Trustees

Susan MacFarlane (Absent)
Also Present: Anthony Giaccio, Village Administrator
Sean McCarthy, Village Architect
Greg Camp, Police Chief
Janet Gandolfo, Village Attorney
Mayor Wray called the work session to order at 7:00 p.m.
RECORDS MANAGEMENT DAY - The Board discussed having a records management day on
November 2. Village offices would be closed that day. Mayor Wray requested that a resolution
on this be put on the next Board meeting agenda.
CROSSING GUARD - The Board reviewed a request from Chief Camp to hire a new crossing
guard. Mayor Wray requested that a resolution on this be put on the next Board meeting agenda.
LIBRARY BOARD APPOINTMENT - Mayor Wray informed the Board that he would like to
appoint Fiona Hodgson to the Library Board. An appointment will be made at the next Board
meeting.
TREE APPEALS - The Board discussed a tree appeal request for 60 New Broadway. Mayor
Wray asked that this matter be discussed at the next Board meeting.
MEETING SCHEDULE - The Board announced that there will be no meeting on October 29.
CODE REVISIONS - The Board continued its discussion on code revisions. The discussion
was focused on the ball playing in the street issue. Trustee Carr started the discussion by saying
that the prohibition on ball playing in the street can be removed from the code because it is
addressed in other areas of the code. Trustee Lobato-Church did not agree with this and feels the
law should be rewritten. Trustee Campbell asked whether or not the current law is even
enforceable. Chief Camp responded. Deputy Mayor Wompa said that there is a problem with
structures in the street, specifically basketball hoops. Trustee Stupel agreed with Ms. Wompa.

�Mayor Wray reminded the Board that the code only applies to ball playing in the street. The
Board had several legal questions for Ms. Gandolfo. Discussion ensued.
At 8:45pm the meeting was adjourned
Respectfully submitted,
4

V&gt;
Anthony CHaccio
Village Administrator

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                    <text>Meeting Date:
Resolution #:

10/09/2012
10/121/2012

Resolution of the Board of Trustees of the Village of Sleepy Setting Public
Hearing to Adopt Tax Exemption for Senior Citizens
BE IT RESOLVED that the Board of Trustees does hereby call for a Public Hearing on
Tuesday. October 23'^ 2012 at 7:00 p.m. or soon thereafter, to exempt from Village
taxes, which are controlled by the said Village Trustees, pursuant to the provisions of
Real Property Tax Law Section 467.1 para (b) para (1), to the extent of 50% of its
assessed value at its sliding scale, properties owned by persons 65 years of age or over
who comply with provisions of Section 467 of the Real Property Tax Law as to
occupancy, income, length of ownership or otherwise.
Moved: Trustee Carr

Seconded: Trustee Campbell

Absent: Trustee MacFarlane

Vote: 5-0

�Meeting Date:
Resolution #:

10/09/2012
10/122/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Agreement Extension for 2013/2014
"Indexed Lump Sum Municipal Snow and Ice Agreement"
WHEREAS, the Village of Sleepy Hollow has provided snow and ice control services on
a continuous basis since 1997 for 9.1 lane miles of roadway located in the Village of
Sleepy Hollow and owned by the State of New York; and
WHEREAS, the Village of Sleepy Hollow and the State of New York have now reached
a lump sum payment of $1,507.00 per lane miles for a total of $13,713.70
to the Village for said services for the snow season of 2013/2014 and more fully
described in the attached Agreement to Extend Indexed Lump Sum Municipal Snow and
Ice Agreement" (herein "Agreement").
NOW, THEREFORE, BE IT RESOLVED that the Village Board herein authorizes the
Mayor to execute the attached Agreement and to take other such steps as are
necessary to effectuate the intent of this resolution.
Moved: Trustee Campbell

Seconded: Trustee Stupel

Vote: 5-0

Absent: Trustee MacFarlane

l i f l ^ A . ^ A ^ U f ^ ^ ' l I^VttTe undersigned
Clerk/DefHJty Qeilc, dh hereby certify tliat the foregoing is
a triffi OJpy of an extract duly adopted by the B o a ^ f
Village of Sleepy Hollow, on the
day
. 20 l l - and of the whole thereof,
and I further certify that the same was entered into the
minutes of the meeting of said Board of Trustees held on
said date.
IN WITNESS W H E ^ p F , I h a v e t o e y n t o s e t my hand and
offidal seal t h l s A ^ a v of t T ' M ^ i ^ ^
. 20M=:

�Miinit ijMlily

ContMcl»

1)014705

V i l L i g e of Sleepy M o l l o w / S. Westchester C o u n t y

Ext. Sea«Hi

Regitjn #

20! 3/14

B

AGREEMENT TO EXTEND INDEXED L U M P S U M M U N I C I P A L S N O W A N D ICE AGREEMENT
This Agreement r^ade this
day of
,
by and between T H E PEOPLE O F T H E STATE
O F N E W Y O R K (hereinafter referred to as "STATE"), acting by and through the Commissioner of Transportation ot the State of
N e w York (hereinafter referred to as "COMMISSIONER"), and the
H o j j o v v of S,.^.WestchestoLCounty (hereinafter referred to as "MUNICIPALITY") as follows:

of the VilJageof^SleeEX

W H E R E A S the C O M M I S S I O N E R and the M U N I C I P A L I T Y have entered into an Agreement No. 0014705, entitled
" I n d e x e d Lump Sum Snow
Municipality of vniage^olSleeByjHoMow dated S e B t e m b e x l S ^ l O O J ; and
W H E R E A S , the term of the said Agreement is for a period of three years commencing July 1, 1991 and said
A g r e e m e n t provides that the parties may at the end of each year of the term of the Agreement extend such term for an
a d d i t i o n a l year; and
W H E R E A S , the present term of the Agreement, as extended, expires June 30, 2013; and
W H E R E A S Section 7 of the said Agreement provides that the C O M M I S S I O N E R shall furnish the M U N I C I P A L I T Y with
a s u i table map for each term of the Agreement, or for any extended term thereof, modified to show the changes, if any, to the
S t a t e Highways affected by the Agreement.
W H E R E A S , Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be
determined by the C O M M I S S I O N E R subject to the provisions of Section 9 at the time for extension of the Agreement;
I

W H E R E A S , Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on
the intensity and severity of the winter season;
N O W , T H E R E F O R E , in consideration of the mutual covenants and benefits between the parties,
WILNESSTH:
1

The aforementioned "Indexed Lump Sum Snow and Ice Agreement Between New York State Department of
Transportation and the M U N I C I P A L I T Y " is hereby extended for a period of one year; now to expire on June
JO, 2014, unless further extended.

2

The State hiighways or parts thereof affected by the Agreement are as delineated on the attached map, agreed
upon by the C O M M I S S I O N E R and the M U N I C I P A L I FY, whi( h shall be effective for the remainder of the term
of the Agreement commencing July I, 2013, unless c:hanged by future agreement between the
C O M M I S S I O N E R and the M U N I C I P A L I FY,

3

All the terms and conditions of the original contract remain in effect except as follows. The indexed lump
sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $ $ , 1 J 0 7 J 0 per
Line mile for 9,1 lane miles for a total of
1 J,713,70 for the W l l l l l season and for the remainder ot the
term of the Agreement commencing July 1, 20 I I, utiless changed liy future update.

IN W I T N E S S W H E R E O F , this Agreement has been executed f)y the State, acting by and through the duly authorized
representative of the C O M M I S S I O N E R , and the M U N I C I P A L I T Y , which has caused this Agreement to lie executed by
its duly authorized officer on the date arid vear tirst above written.

�VILLAGE OF SLEEPY HOLLOW

MAP SHOWING

RESPONSIBILITY FOR SNOW &amp; ICE CONTROL ON STATE HIGHWAYS FOR THE SEASONS
OF

2011/12

2013/14

CONTRACT LANE MILES

CENTER LANE M I L E S

9.10

SNOW AND ICE
CONTROL

SIGNED
DATE

EGIONAL DIRECTOR O F OPERATIONS
SIGNED

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a
FOR MUNICIPALITY

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DATE

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�Meeting Date: 10/09/2012
Resolution #: 10/123/2012
BE IT RESOLVED that the Village of Sleepy Hollow has the following eleven election districts in
the Village Election to be held on March 19, 2013; and BE IT FURTHER RESOLVED that the
following polling places be open from 6:00 a.m. to 9:00 p.m. on Election Day:
Election District

Union Hose Co. Firehouse
Corner of Cortlandt and Cedar Streets
Sleepy Hollow, NY

Election District

Union Hose Co. Firehouse
Corner of Cortlandt and Cedar Streets
Sleepy Hollow, NY

Election District

Fire Headquarters
28 Beekman Avenue, Sleepy Hollow, NY

Election District

Fire Headquarters
28 Beekman Avenue, Sleepy Hollow, NY

Election District

James Galgano Senior Center
55 Elm Street, Sleepy Hollow, NY

Election District

Hudson Valley Writers' Center
300 Riverside Drive, Sleepy Hollow, NY

Election District

Fraternal Order of Eagles
322 North Broadway, Sleepy Hollow, NY

lO''' Election District

Election District

Hudson Valley Writers' Center
300 Riverside Drive, Sleepy Hollow, NY
The Commons Building
Kendal-on-Hudson
1010 Kendal Way, Sleepy Hollow, NY

Moved: Deputy Mayor Wompa
Absent: Trustee MacFarlane

Seconded: Trustee Stupel

Vote: 5-0

�Meeting Date:
Resolution #:

10/09/2012
10/124/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Designating Offices for March Election
Whereas, the next General Village Election for Offices will be held on Tuesday,
March 19, 2013; and
Whereas, the Board of Trustees must designate by resolution and publish the offices
which are to be filled in such election and the terms thereof.
Now, Therefore, Be It Resolved,
Section 1: That the Board of Trustees designates the following offices as vacant at
the end of the current official year, to be filled at the Village Election to be held on
Tuesday, March 19, 2013 for the following terms;
One (1) Mayor - Two (2) Year Term
Three (3) Trustees - Two (2) Year Term Each
One (1) Justice - (4) Year Term
Section 2: The Village Clerk is hereby directed to publish the resolution in full in the
Journal News, a newspaper of general circulation within the Village of Sleepy
Hollow.
Section 3: This resolution shall take effect immediately.
Moved: Trustee Stupel
Absent: Trustee MacFarlane

Seconded: Trustee Carr

Vote: 5-0

�Meeting Date: 10/09/2012
Resolution #: 10/125/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Adopt Fees for After-School Program
Be It Resolved that the Board of Trustees adopts after-school program fees for
Sleepy Hollow residents as follows, effective October
2012:
Child:
$190 per month
Child:
$140 per month
Child and each child thereafter: $100 per month
Moved: Trustee Carr
Absent: Trustee MacFarlane

Seconded: Trustee Campbell

Vote: 5-0

�Meeting Date: 10/09/2012
Resolution #: 10/126/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Confirm Mayor's Appointment in the Treasurer's Office
WHEREAS there is a need to cover duties in the Village Treasurer's Office and,
WHEREAS these funds are covered in the 2012-2013 operating budget and,
WHEREAS a part-time Intermediate Clerk is needed to assist in the daily operation of
the Village Treasurer's Office,
NOW THEREFORE BE IT RESOLVED that the Board of Trustees does hereby confirm
the Mayor's appointment of Monica Piloco, from Hartsdale, NY, to a part-time position
not to exceed 17.5 hours weekly in the Treasurer's Office effective October 10'^ 2012 at
an hourly salary of $22.00.
Said appointment is subject to a probationary period of twelve to fifty-two weeks and the
approval of the Westchester County Department of Human Resources.
Moved: Trustee Lobato- Church
Absent: Trustee MacFarlane

Seconded: Trustee Campbell Vote: 5-0

�Meeting Date:
Resolution #:

10/09/2012
10/127/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing the Payment of an Emergency Invoice to Legacy Valve LLC
Whereas, Section 104-b of tine General Municipal Law ("GML") requires every Village to
adopt internal policies and procedures governing all procurement of goods and services
not subject to the bidding requirements of GML, section 103 or any other law; and
Whereas, the Village, by resolution dated 04/02/12, adopted a purchase order and
procurement policy; and
Whereas, a water main break occurred on September 17, 2012 involving a main line in
the Village located at the intersection of Route 448 and New Broadway thereby creating
a potential safety hazard and possible water shortage for the residents of the Village;
and
Whereas, the Village does not have the necessary equipment to repair said break; and
Whereas, it was necessary to retain the services of an outside contractor with the
capabilities of repairing the break immediately.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow hereby declares the water main break occurring on or about September 17,
2012 an emergency; and
Be it further resolved the Board of Trustees authorizes the suspension of the
aforementioned procurement policy adopted by the Village; and
Be it further resolved the Board of Trustees authorizes the payment of the sum of
$9,548.82 to Legacy Valve LLC of Valhalla, New York, if deemed appropriate by the
DPW General Foreman and Chair of the DPW Committee.
Moved: Trustee Carr

Second: Trustee Stupel

Vote: 5-0

�Meeting Date:
Resolution #:

10/09/2012
10/128/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing the Chief of Police to Sign Agreement with
Phelps Memorial Hospital
Whereas, the Village needs to enhance and improve the Police Department radio
coverage throughout the Village of Sleepy Hollow for the safety of its Police Officer's;
and
Whereas, Phelps Memorial Hospital is willing to permit the Village to install a radio
receiver and antenna at the main Hospital located at 701 North Broadway in the Village
of Sleepy Hollow; and
Whereas, the Village and the Hospital desire to enter into an agreement authorizing
the installation, repair and maintenance of the radio equipment in accordance with the
terms of the agreement attached hereto and made a part of this resolution.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow hereby authorizes the Chief of Police to execute the attached letter of
agreement with Phelps Memorial Hospital; and
Be it further resolved that the Chief of Police is herein authorized to take any and all
such steps as are necessary to effectuate the intent of this resolution.
Moved: Trustee Campbell

Second: Trustee Lobato-Church

Vote: 5-0

�Sleepy Hollow Police Department
28 Beekman Avenue
Sleepy Hollow, N.Y 10591
TELEPHONE (914) 631-0808 • FAX (914) 366-5134

GREGORY J. CAMP
CHIEF OF POLICE
Octobers, 2012
Phelps Memorial Hospital
Attn: Kerry Pisano, VP of Facilities
701 N. Broadway
Sleepy Hollow, NY 10591
Dear Mr. Pisano,
Sleepy Hollow Police Department is requesting you to allow our Department to install a Radio Receiver
on your Building to improve the Police Radio communications system. This unit will be installed next to
the existing equipment installed by the Mt. Pleasant Police Department.
Sleepy Hollow Police Department is requesting that you allow the installation of the listed equipment
under the following conditions:
Equipment: (all equipment listed below shall be referred to "the radio equipmenr below)
1- 30" Motorola ^pe cabinet with an MTR 3000 receiver.
1- 2 Bay depole antenna with ground protection and cable connectors.
1- 2 wire telco circuits (88 RTNA).
Conditions:
•

No additional equipment shall be installed without written consent from Phelps Memorial
Hospital.

•

Any access to the equipment or roof area shall be coordinated in advance through Phelps
Memorial Hospital's Property Manager, (at present)Vincent Forgione.

•

Any interference to any cellular site equipment on the roof shall be corrected immediately at
the sole cost of the Sleepy Hollow Police Department or their contractors. If any interference
cannot be reasonably corrected, to the satisfection of the cellular site operator, the Sleepy
Hollow Police Department shall cause the radio equipment to be relocated or removed as
necessary at their sole cost and expense.

•

Phelps Memorial Hospital will supply electricity, for the above equipment only, at no cost to the
Sleepy Hollow Police Department. Phelps Memorial Hospital has the right to rescind this offer
at anytime without notice if additional equipment is installed without Phelps Memorial
Hospital's written consent.

•

Phelps Memorial Hospital assumes no liability for the radio equipment. In the event the radio
equipment causes damage to the building, building components, other equipment, whether
owned by Phelps Memorial Hospital or not, the Sleepy Hollow Police Department assumes all
liability for the cost of any and all repairs for damages caused by any radio equipment failure.

�•

The

;isa

Cc: Dr.

�Meeting Date:
Resolution #:

10/09/2012
10/129/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing the Chief of Police to Sign Agreement with the
Tarrytown School District
Whereas, tine Village needs to enhance and improve the Police Department radio
coverage throughout the Village of Sleepy Hollow for the safety of its Police Officer's;
and
Whereas, the Tarrytown School District is willing to permit the Village to install a radio
repeater and antenna at their Tappan Hill facility located at 50 Ichabod Lane in the
Village of Tarrytown; and
Whereas, the Village and the School District desire to enter into an agreement
authorizing the installation, repair and maintenance of the radio equipment in
accordance with the terms of the agreement attached hereto and made a part of this
resolution.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow hereby authorizes the Chief of Police to execute the attached letter of
agreement with the Tarrytown School District; and
Be it further resolved that the Chief of Police is herein authorized to take any and all
such steps as are necessary to effectuate the intent of this resolution.
Moved: Trustee Campbell

Second: Deputy Mayor Wompa

Vote: 5-0

�RECEIVED

Sleepy Hollow Police Department

OCT 1 1 20f2

28 Beekman Avenue
Sleepy Hollow, N.Y. 10591

SuperinSSlchoofe

TELEPHONE (914) 631-0808 • FAX (914) 366-5134

GREGORY J. CAMP
CHIEF OF POLICE

-•F'VED

October 5,2012
Public Schools of the Tarrytown's
Attn: John J. Staiger, Jr., Ass't Superintendent for Business
200 N. Broadway
Sleepy Hollow, NY 10591

BUSINESS OFFICE

Dear Mr. Staiger,
Sleepy Hollow Police Department is requesting you to allow our Department to install a Radio Repeater
on your Building to improve the Police Radio communications system. This equipment will be installed
at the Tappan Hill property next to the existing equipment already installed by the Sleepy Hollow Fire
Department.
Sleepy Hollow Police Department is requesting that you allow the installation of the listed equipment
under the following conditions:
Equipment: (all equipment listed below shall be referred to "the radio equipment" below)
1- 60" Motorola type cabinet with an MTR 3000 radio repeater &amp; batter backup
1- 2 Bay depole antenna with ground protection and cable connectors.
1- 2 wire telco circuits |88 RTNA).
Conditions:
• No additional equipment shall be installed without written consent from the Union Free Schools
of the Tarrytown's.
•

Any access to the equipment or roof area shall be coordinated in advance through the Union
Free Schools of the Tarrytown's Property Manager, (at present) Peter Quartironi.

•

Any interference to any cellular site equipment on the roof shall be corrected immediately at
the sole cost of the Sleepy Hollow Police Department or their contractors. If any interference
cannot be reasonably corrected, to the satisfaction of the cellular site operator, the Sleepy
Hollow Police Department shall cause the radio equipment to be relocated or removed as
necessary at their sole cost and expense.

•

Union Free Schools of the Tarrytown's will supply electricity, for the above equipment only, at
no cost to the Sleepy Hollow Police Department. The Union Free Schools of the Tarr/town's has
the right to rescind this offer at anytime without notice if additional equipment is installed
without the Union Free Schools of the Tarrytown's written consent.

•

The Union Free Schools of the Tarrytown's assumes no liability for the radio equipment. In the
event the radio equipment causes damage to the building, building components, other
equipment, whether owned by the Union Free Schools of the Tarrytown's or not, the Sleepy

�Hollow Police Department assumes all liability for the cost of any and all repairs for damages
caused by any radio equipment failure.
The Sleepy Hollow Police Department will only use licensed and insured contractors to perform
work at the site address.

Please have an authorized representative of the Union Free Schools of the Tarrytown's sign below
indicating that this is a Letter of Agreement and that the Union Free Schools of the Tarrytown's agrees
to the above terms and conditions.
Sleepy Hollow Police Department thanks you for your continued support.

Sincerely,

Gregory J. Camp
Chief of Police

Name/Title

Signature

Cc: Dr. Howard W. Smith, Superintendent of Schools,

/i)l({lri
Date

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                    <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,
September 2, 2012 at 7:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New
York.
Present:
Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel
Barbara Carr
Trustees
Also Present: Anthony Giaccio, Village Administrator
Sara DiGiacomo, Village Treasurer
Sean McCarthy, Village Architect
Greg Camp, Police Chief
Janet Gandolfo, Village Attorney
Mayor Wray called the work session to order at 7:00 p.m.
SAFE ROUTE'S TO SCHOOL'S GRANT INFORMATIONAL MEETING - Village
Administrator, Anthony Giaccio summarized the proposed Safe Routes to Schools grant
application to install a new traffic signal at Beekman Avenue and Washington Street.
Superintendent of the Tarrytown School District, Howard Smith informed the Board that the
School fully supports the proposed application and said that the project is of "top priority".
Police Chief, Greg Camp provided the Board with a traffic study that demonstrates the high
volume of vehicles and pedestrians that travel through this intersection. Chief Camp said that the
current traffic device is inadequate. Public comments were solicited by the Mayor. David
Hodgson of Sleepy Hollow made an appeal to the Village Board to endorse this project. Mr.
Giaccio read a letter from David Bedell of Sleepy Hollow that supports this grant application.
The Village Board discussed the matter and unanimously supported the project
CAPITAL PROJECTS - The Village Board continued its discussion on capital projects.
Information technology consultant Wayne Frick made recommendations to the Board. The
Board discussed parking meters with the Police Chief
TRAFFIC ISSUES - Trustee Lobato-Church raised several traffic issues facing the Village. The
Board discussed whether or not parking should be allowed on Bellwood Avenue for the
upcoming Halloween events. The Board asked Chief Camp to allow parking only on the
Southside of Bellwood Avenue. Discussion ensued.
VILLAGE BOARDS AND COMMITTEES - Trustee Lobato-Church asked why the
Committee's were made up of three members instead of one. Discussion ensued.

�SPECIAL SESSION
On a motion made by Trustee Lobato-Church and seconded by Trustee Stupel and carried
unanimously the Board moved into special session.
SEE ATTACHED RESOLUTION
On a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously,
the Board moved out of special session.
APPOINT PART-TIME FINANCE PERSON - Ms. DiGiacomo submitted a memo to the Board
requesting the hiring of a part-time finance person. Discussion ensued.
SNOW AND ICE AGREEMENT - The Board reviewed a draft snow and ice agreement with
the New York State Department of Transportation.
AFTER SCHOOL PROGRAM - THIRD CHILD DISCOUNT - The Board discussed giving a
third child discount for the after-school program. The Board agreed that this would only be for
Sleepy Hollow residents. Discussion ensued.
SET PUBLIC HEARING FOR SENIOR TAX EXEMPTION - The Board discussed setting a
public hearing for a senior citizen tax exemption. The proposed date is October 26.
CODE REVISIONS - The Board continued its discussion on code revisions. The public hearing
on code revisions is on-going and public comments are encouraged.
SANITATION RECOMMENDATIONS - Trustee Stupel made some recommendations
regarding the sanitation schedule and fees. The recommendations include having a trial period
for one day a week pick-up, charging a fee for bulk pick-up and charging a move-out fee.
Discussion ensued. Mayor Wray asked for more information before a decision is to be made.
EXECUTIVE SESSION
On a motion made by Trustee Wompa and seconded by Trustee Carr and carried unanimously
the Board moved to executive session to discuss personnel and legal matters.
On a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously,
the Board moved out of executive session.
At 9:45pm the meeting was adjourned
Respectfully submitted,
A

Anthony Giaccio
Village Administrator

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                    <text>Meeting Date:
Resolution #:

09/25/2012
09/111/2012
Resolution Hiring Seasonal Recreation Staff

WHEREAS, a need for seasonal recreation staff for the after-school program is
necessary; and
WHEREAS, the recreation supervisor, Robin Pell, has recommended that
Laura Smutek is hired on a seasonal basis to fill this position;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the
Village of Sleepy Hollow hereby approves Laura Smutek to be hired on a
seasonal basis, up to four months, in the Department of Recreation at a salary
rate of $12.00 per hour, effective immediately under the direct supervision of the
Recreation Supervisor.
Moved: Trustee Carr

Seconded: Trustee Wompa

Vote: 6-0

�Meeting Date:
Resolution #:

09/18/2012
09/112/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Approving a Request made by the Saint Teresa of Avila Church
BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow
approve a request made by the Saint Teresa of Avila Church located at 130 Beekman Avenue,
to hold a street procession on Saturday, September 22, 2012 from 6:00 pm to 7:00 pm.
BE IT FURTHER RESOLVED that the Mayor and the Board of Trustees approve the closing
of Beekman Avenue, Clinton Street and Cortlandt St. during this procession.
Moved: Trustee Campbell

Seconded: Trustee MacFarlane

Vote: 6-0

�Meeting Date:
Resolution #:

09/25/2012
09/111/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing the Sale of Fire Apparatus
Whereas, the Village of Sleepy Hollow ("Village") owns and has in its possession a
1991 E-One Pumper Fire Apparatus, which is no longer necessary or adaptable for use
by the Village; and
Whereas, it is in the best interest of the Village to dispose of said vehicle and receive
monetary compensation for the benefit of the Village.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow hereby authorizes the Village Administrator to sell said vehicle by sealed bid to
be submitted to the Office of the Village Clerk no later than 10:00AM on October 26,
2012; and
Be it further resolved that the minimum acceptable bid shall start at $25,000; and
Be it further resolved that the Village Administrator is authorized to take any and all
such steps that are necessary to effectuate the Intent of this resolution.
Moved: Trustee Carr

Second: Trustee Stupel

Vote: 6-0

�NOTICE TO BIDDERS
SALE OF ONE (1) 1991 E-ONE FIRE ENGINE
VILLAGE OF SLEEPY HOLLOW
NOTICE TO BIDDERS: Sealed bids for the purchase of a Fire Engine will be received at the Office of the
Village Clerk at the date and time specified below:
Description of vehicle
1991 E-One Simon-Duplex Fire Engine
Detroit Diesel 450HP V8 Engine, Allison Transmission
Front Axle 17,600 pounds / Rear Axle 24,000
Gross Vehicle Weight is 41,600 pounds
1750 GPM Single Stage Hale Pump, Mounted Mid-Ship
500 Gallon Water Tank
Officer Seat with SCBA Bracket
10 Man Cab
Gross Weight of 41,000 Pounds
Whelen Freedom LED Light bars
Safety Vision back-up camera system
Inlets 5" front, 6" on both sides , 2.5" left side , 2.5" right side , 2.5" rear
Outlets 1.5" front, twin 1.5" cross lays , twin 2.5" left side , 2.5" right side
Mileage is 20,736
Engine Hours is 2,305.6
NO HOSE OR LOOSE EQUIPMENT WILL BE INCLUDED
Truck available November 1, 2012
NOTE: Minimum bid of $25,000.00
ADDRESS PROPOSALS TO: Office of the Village Clerk, Village of Sleepy Hollow, 28 Beekman Avenue,
Sleepy Hollow, NY 10591, on or before the bid opening local time and date specified below. Sealed bids
will not be accepted by fax. Bids shall be in a sealed envelope and clearly marked on the front with
reference to 1991 E ONE FIRE ENGINE.
The Village of Sleepy Hollow is not responsible for delays occasioned by the United States Postal Service,
or any other means of delivery employed by the bidder. Similarly, the Village is not responsible for, and
will not open, any bid responses which are received later than the date and time stated below.
BID OPENING: 11:00 a.m., October 26, 2012
Board Room, Village Hall 2nd Floor, 28 Beekman Avenue, Sleepy Hollow, NY 10591
VIEWING OF UNIT: The unit will be available to view by appointment only between the hours of 8:30
a.m. and 4:30 p.m., Monday - Friday. Please contact William F. Ryan, Fire Chief at 914-366-5104 to
schedule an appointment.
The Board of Trustees of the Village of Sleepy Hollow reserves the right to accept or reject any or all bids
and waive any or all informalities
BY ORDER OF THE BOARD OF TRUSTEES
Village of Sleepy Hollow
Paula A. McCarthy, Village Clerk
Dated: September 26, 2012

�Meeting Date: 09/25/2012
Resolution #: 09/114/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow to
Approve Reimbursement for Police Officer's Training
Whereas, Police Officer Jared Kmiotek has submitted a notification that he will attend
a training seminar for Weapon Retention and Edge Weapon Defense, on September 26,
2012.
Now, Therefore Be it Resolved, the Board of Trustees, upon the recommendation of
the Chief of Police hereby approves the reimbursement for this training upon
presentation of a certificate of completion, pursuant to the Village's collective
bargaining agreement with the PBA.
Moved: Trustee MacFarlane

Seconded: Trustee Campbell

Vote: 6-0

�Meeting Date: 09/25/2012
Resolution #: 09/111/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Awarding the Map Project
Whereas, a New York State Department of Environmental Conservation grant,
CC304394, has been awarded to the Village of Sleepy Hollow on behalf of a 15
member Consortium for the purpose of data collection and mapping certain
stormwater infrastructure in the member communities, and
Whereas, Dolph Rotfeld Engineering(DRE) as the Project Manager for the
Consortium has prepared a Request for Proposals(RFP) for qualified firms to
provide the survey and engineering services for the data collection and mapping
of the infrastructure, and
Whereas, the RFP has been advertised in accordance with the Village of Sleepy
Hollow procurement policies, and
Whereas, 15 responses to the RFP have been received from firms desiring to
perform the data collection and infrastructure mapping services, and
Whereas, DRE has reviewed the responses and recommended that Sidney B.
Bowne and Son, LLP, 235 E. Jericho Turnpike, Mineola, NY, 11501 and Merritts
GIS, LTD, 394 Bedford Road, Pleasantville, NY 10570 is the responder meeting
all the technical specifications that also demonstrates the strongest experience in
performing the specified work, and
Whereas, their references have all indicated favorable results from similar work
in the local area, and
Whereas, their proposed daily fee is the lowest of all responses, and
Whereas, their proposed completion date is within the time frame for the work
to be completed, and
Whereas, the total proposed fee of $113,077 is within the budget for the grant
for the work to be performed,

�Therefore be it Resolved the Village Administrator is authorized to enter into
an agreement with Sidney B. Bowne and Son, LLP, 235 E. Jericho Turnpike,
Mineola, NY, 11501 and Merritts GIS, LTD, 394 Bedford Road, Pleasantville, NY
10570 for certain data collection and stormwater mapping services on behalf of
the Sleepy Hollow Consortium based on their proposal submitted September 12,
2012, in the total amount of $113,077.
Moved: Trustee Campbell

Seconded:

Trustee Carr

Vote: 6-0

�Memo to: Anthony Giaccio, Village Administrator
From: Michael Ritchie, Project Manager
Re: Sleepy Hollow Infrastructure Mapping Project, C304394
As you know the Village of Sleepy Hollow on behalf of 15 member communities has
been awarded a grant by New York State Department of Environmental Conservation in
order to collect locational data and prepare maps for certain stormwater infrastructure in
Sleepy Hollow and the other member communities. Dolph Rotfeld Engineering,
PC,(DRE) is the Project Manager(PM) for the grant for the Sleepy Hollow
Consortium(SHC).
A Request For Proposals(RFP) was prepared by DRE and distributed by the Village of
Sleepy Hollow on behalf of the SHC.
The RFP was distributed and advertised according to the Village procurement policy on
August 15, 2012. On September 12, 2012, 15 responses to the RFP were received in the
Office of the Village Administrator. A complete listing of the proposals and a summary
of the key criteria is attached to this memo.
Michael Ritchie as Project Manager for Dolph Rotfeld Engineering reviewed the
proposals for qualifications, experience, and cost.
The Bowne-Merritts proposal was considered to be the strongest comparative proposal
given their extensive local experience, qualifications for key personnel, and lowest daily
cost.
Multiple reference checks were made with all responses satisfactory or better.
Based on the above criteria Bowne-Merritts proposal is recommended for award. Their
relevant Westchester County experience in this line of work is clearly superior to other
comparable proposals. In addition, their deliverable is the highest quality and their cost is
well within the budget for the grant. They propose to complete the work on a timely
schedule that also best fits the needs of the grant to meet the in-kind share for the
municipalities. The award would be in the form of a resolution that we will prepare for
your public meeting. It will authorize a contract in the amount of $113,077.00 with
Sidney B. Bowne and Sons, LLP, 235 Jerico Turnpike, Mineola, New York 11501.
Thank you for your capable assistance, and cooperation. Thank you also to the Village of
Sleepy Hollow for acting as the Lead Community for this endeavor.

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�Meeting Date: 09/25/2012
Resolution #: 09/111/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Submission of a Safe Routes To School Grant
Application for Pedestrian Safety Improvements at
Beekman Avenue and North Washington Street
WHEREAS, the intersection at Beekman Avenue and North Washington Street is a heavily
trafficked pedestrian route from the inner village residential neighborhoods to the public
schools, as well as to daycare programs, civic buildings, businesses and houses of
worship; and
WHEREAS, the Village of Sleepy Hollow wishes to promote the safety of children who are
walking to school and wishes to encourage walking and bicycling as safe and healthy
alternatives to being driven to school in order to reduce vehicular traffic, fuel consumption
and air pollution while affording the children the health benefits associated with the
exercise; and
WHEREAS, the traffic signal at the intersection of Beekman and North Washington has no
working pedestrian signals which is very confusing to pedestrians trying to cross the
road(s), inadequate drop curbs, is not ADA compliant and has a one head signal which
does not comply with the latest standards; and
WHEREAS, a signal study of this intersection was conducted by Westchester County in
2004; and
WHEREAS, the pedestrian safety improvements to the intersection will consist of new
traffic and pedestrian signals and their posts, the associated power boxes, controllers and
sensors and ADA compliant concrete drop curbs; and
WHEREAS, the New York State Department of State's Safe Routes to School grant
program has been identified as a funding source appropriate for an infrastructure project
that would make walking and bicycling to school safe and more appealing for students;
and this grant program requires no local match or contribution for eligible projects and
activities; and
WHEREAS, preliminary estimates totaling $220,000 have been prepared for the Beekman
Avenue and North Washington Street intersection pedestrian safety improvements; and
WHEREAS, the Superintendent of the Public Schools of the Tarrytown's supports the
project.

�NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow does hereby authorize the submission of an application for a grant not to
exceed $220,000 from the New York State Department of Transportation in accordance
with the provisions of the Safe Routes To School program, and upon award of such a
grant to enter into and execute a grant agreement with the Department of Transportation
for such financial assistance.
Moved: Deputy Mayor Wompa

Seconded: Trustee Carr

Vote: 6-0

�Meeting Date: 09/25/2012
Resolutions
09/117/2012
Resolution of the Mayor and the Board of Trustees of the Village
of Sleepy Hollow Accepting Police Officer's Retirement
Whereas, Sergeant Thomas R. Eaton has applied for disability retirement, and
Whereas the Village of Sleepy Hollow supported this retirement application, and
Whereas the New York State Comptroller's Office has approved this application and
has notified the Village of Sleepy Hollow of such action,
Now therefore be it resolved the Chief of Police has made notification that
Sergeant Thomas R. Eaton is retired effective September 26, 2012.
Be it further resolved the Board of Trustees acknowledges Sergeant Thomas R.
Eaton's retirement and authorizes the Village Clerk to complete and file any documents
necessary to effectuate this retirement.
Moved: Trustee Stupel

Seconded: Trustee Lobato-Church

Vote: 6-0

�Meeting Date: 09/25/2012
Resolution #: 09/111/2012
Resolution of the Mayor and the Board of Trustees of the Village of
Sleepy Hollow Authorizing Salary Adjustments for Village Administrator
Whereas, the Board of Trustees has reviewed the job performance of Anthony Giaccio,
Village Administrator, and
Whereas, it has been determined that a salary increase is appropriate at this time.
Now, therefore, be it resolved, effective June 1. 2012 the annual salary of
Anthony Giaccio shall be increased by 2%.
All other terms of Mr. Giaccio's employment shall remain unchanged.
Moved: Trustee Carr

Seconded: Trustee MacFarlane

Vote: 5-2

Roll Call: Voted "Yes": Mayor Wray, Trustee Carr, Campbell, MacFarlane and
Lobato-Church
Voted "No": Trustee Stupel and Deputy Mayor Wompa

�Meeting date: 09/25/12
Resolution:
09/119/12
Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow
Authorizing a Raise for Part-time Employees
Whereas, the Mayor and Board of Trustees have reviewed the functions and
performance of part time personnel and determined that the following salary increases
are in order,
Recreation part-time staff - Salary increase of $1.50 per hour
All other part time staff - Salary increase of $1.00 per hour
Now, Therefore be it Resolved that the Board of Trustees does hereby approve
salary increases of $1.50 per hour for all part-time recreation staff and $1.00 per hour
for all other part time staff effective immediately.
Moved: Trustee MacFarlane

Seconded: Trustee Campbell

Vote: 6-0

Amend resolution to: "effective as of June 1st, 2012, instead of effective immediately"
Moved: Trustee Campbell
Seconded: Trustee Carr

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, September
25, 2012 Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor K. Wompa
Susan MacFarlane
Barbara Carr
Bruce Campbell
Evelyn Stupel, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel
Sean E. McCarthy, Village Building Inspector
Gregory Camp, Police Chief
At 7:12 p.m. Mayor Wray called the meeting to order with a pledge to the flag.
Mayor Wray asked for a moment of silence for Elizabeth Mascia and Jeannette Ho.
Ambulance Corps New Members:
Mayor Wray introduced the newly elected officers which were sworn-in to the
Ambulance Corps: Captain Edgar Brennen, Lieutenants Shelley Robinson, Sung Pak and
Ryan Murray and Secretary Elena Brennen. Mayor Wray thanked all of them for their sen/ice
to the Village.
New Fire Truck Presentation:
2 nd Assistant Fire Chief Korzelius and Lieutenant Chris Scelza, gave a verbal and power point
presentation of the new fire truck construction and assembly and showed with many
pictures. The truck is nearly completed and will be delivered soon. The cost of the truck is
$600,000.00, black and orange in color and is being built by Pierce Company in Appleton
Wisconsin.
Public Hearing: Code Revisions
Mayor Wray opened the public hearing and evoked the 5 minute rule.
The Village Clerk read the notice aloud for the record (see attached)
The Village Clerk read letters received from Mr. &amp; Mrs. Tschan and Mr. &amp; Mrs. Scaglione
aloud for the record, (see attached)
There were no comments at this time.

�Mayor Wray stated that the proposed code changes have been on line and available at the
library for quite some time and once the public hearing meeting is closed and the final code
is revised and adopted it will be available as well.
Discussion ensued.
At 7:45pm, Mayor Wray adjourned the Public Hearing until the next meeting.
Approval of Warrants:
Trustee Carr moved, seconded by Trustee MacFarlane to approve the warrant as submitted
and authorize the Treasurer to pay the bills in the total of $553,122.43
Vote: 6-0
Approval of Minutes:
Trustee MacFarlane moved, seconded by Trustee Lobato-Church to approve the minutes of
August 21, 2012 and September 18, 2012. It was unanimous.
Minutes for 9/4/2012 were tabled.
Mayor announcements;
Mayor Wray mentioned that Tarrytown's lawsuit against Sleepy Hollow was dismissed and
the judge's decision is available on the website. It states that the Tarrytown arguments had
no merit or standards. Mayor stated that Tarrytown has 30 days to appeal this decision.
Mayor thanked Mr. Sacks, Ms. Gandolfo and Mr. Kafian for all their hard work.
Mayor congratulated Sleepy Hollow's Fire Engine 85 for being voted the best apparatus of the
year.
Mayor will be making two appointments this evening to the Waterfront Advisory Board and
the Architectural Review Board.
Mayor thanked the PBA, Recreation Department and Robin Peil for a successful first and
hopefully annual Basketball Tournament, which took place at Sykes Park.
Trustee Reports:
Trustee Carr: reported that the Finance Committee is working on Department proposals for
capital expenses. This will be discussed at a future work session.
Trustee MacFarlane: reported that the swim for life was successful and thanked
Mr. Giaccio for participating in it. The Chilean festival drew a great crowd and Oktoberfest is
scheduled for October 7th, a pop up cafe will be at the Bathhouse.
Anyone is welcome to attend the new Zumba and Yoga classes.
Robin Pell is giving aerobic classes on Mondays and Wednesdays.
Trustee Campbell: reported that Halloween plans are coming together and Mr. Giaccio
"has been leading the charge". The haunted hayride is schedule for three nights this year,

�October 26, 27 and 28. The goal is to raise $30,000.00 in sponsorships. Tickets for the
hayride are now on sale on our website at www, sleepy hoi lowny .gov
Trustee Wompa - reported that the Downtown Revitalization is working on a plan for street
lights and to repair sidewalks on Beekman Avenue. Tree wells will also be installed soon.
Trustee Stupel - reported that on September 6th, the Building Dept. inspected a multifamily home located at 305 No. Washington Street and discovered 4 rooms being rented
without a rooming license. These rooms were vacated and summonses were issued to the
owner. On September 13th the Building Dept. also inspected a commercial and residential
building located at 86 Beekman Avenue and discovered that the first floor business
establishment had been abandoned and the food stock had spoiled. Upstairs, there were 2
additional illegal apartments. The place was vacated, exterminated and sanitized.
There are 12 cases on September's Court calendar which involved illegal occupancy and
maintenance violations.
Trustee Lobato-Church- reported that the Police Advisory Committee is discussing possible
youth initiatives and after-hours activities/trespass at Horan's Landing and other parks.
On Sunday October 7th the second annual Open House for the Fire Dept. is taking place,
along with the Police Dept. who is offering car-seat demonstrations.
The Friends of the Sleepy Hollow Lighthouse has filed with the NYS Dept. of Education to
become incorporated.
Administrator's Report:

(see attached)

Public comments:
Mayor opened the meeting to the public and evoked the 5 minute rule.
James West of Sleepy Hollow Manor addressed the Mayor and the Board and asked that
the access to the Rockwood Hall Park through Birch Close be restored.
Mr. West also inquired about the Route 9, the restriction request for right hand turns on red
out of the Hospital, and the repaying of Freemont Rd.
Chuck Lancester- for Freemont Rd, and former President of the Sleepy Hollow Manor
Association, addressed the Mayor and the Board of Trustees on the Birch Close issue.
He stated that the Village has title to the land where the fence separates Birch Close and
Rockwood Hall.
He also stated that the gate has been closed due to a local resident's objection and who was
a Hospital Board member and had the CEO's, Mr. Safian's support. He stated other concerns
about this matter and asked for the Board's support in reopening the gate. He also
mentioned that the area should be for pedestrians only and the Board should make this
matter a priority.

�Trustee MacFarlane responded that she is very much in favor of reopening the gate but the
Village may not be able to do so without the Hospital's cooperation, and it might take a lot of
effort to reach a resolution on this matter.
Mayor Wray stated that he supports reopening the gate and looks forward to solving this
matter in a positive way.
Trustee Campbell also stated that the Kendall-on-Hudson residents are in favor as well.
Francois Reaeli of Kingsland Rd. addressed the Mayor and the Board and stated that most
of the people who signed the petition to close the gate in 2000, no longer live in the area
and the new residents are in favor reopening it.
Resolutions:

(see attached)

Mayor Wray's appointments:
Trustee Carr moved and Trustee Lobato-Church seconded to approve the Mayor's
appointment of Krista Callaghan to the Architectural Review Board. It was unanimous.
Trustee Lobato-Church moved seconded by Trustee Campbell to approve the Mayor's
appointment of Vishal Brown to the Waterfront Advisory Board. It was unanimous.
Deputy Mayor Wompa addressed the resolution for Mr. Giaccio's 2% salary increase stating
that she is voting "no" because Mayor Wray has not discussed this with the Board.
(See attached resolution)
Deputy Mayor Wompa also stated she was voting "no" for the contract resolution for Daphne
Mickle because this was not discussed with the Board appropriately. (See attached
resolution). Discussion ensued.
Old Business:
Village Administrator recommended sending out RFP's for the sinkhole matter.
Mayor approved.
Discussion ensued about possibly installing gates at Horan's Landing.
New Business:
Trustee Campbell stated that if anyone considering sponsoring the hayride should submit to
Communications:
Village Clerk reported that the Jennie-0 commercial filming that took place in August is now
airing on five different networks throughout the World Series; it can also be seen on
www.youtube.com and on facebook. It is nice to see some Village employees and Village
residents in the commercial.
Also, Actor Vince Vaughn may be coming to the Village to film a movie at Phillipsburg Manor.

�Public Comments;
Mayor Wray opened the meeting to the public and evoked the 5 minute rule.
There were no further comments at this time.
At 9:20 pm on motion by Trustee Carr, seconded by Trustee Lobato-Church the meeting
adjourned.
Respectfully submitted,

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Paula A. McCarthy

Village Clerk

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�Photo Album for Sleepy Hollow, NY
Job 25937
September 14th, 2012
This week the cab finished in paint while the chassis
began in assembly. The pump house finished in
plumbing while the body completed fabrication and
began the paint process in metal finishing. Next week
the cab may begin on cab line where cab related
content is added while the drive train is installed in the
chassis. The body should finish in paint.

© 2011 Fire and Safetv Cnnsultinn

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�ADMINISTRATOR'S REPORT 9/25/12
1) Duracell Clean-up Project - The Duracell clean-up project is ongoing.
Currently 4 properties are being remediated. Once some of the properties are
completed, a meeting will be scheduled with A E C O M and village staff to
evaluate the project and mitigate problems.
2) Con Edison - A reminder to the residents that Con Edison is continuing to
replace gas lines in Philips Manor. Residents concerned about property
damage may call the Village Administrator at 914-366-5105.
3) Halloween Sponsors - The Halloween Committee is still soliciting sponsors
for the haunted hayride. Thank you to our current sponsors
Journal News
Hudson Independent
Cablevision
Kendal-on-Hudson

ParacoGas
TGM Financial Group LTD.
Teaches Basketball
Harbor Dental

Jennie O.
HHV
JP Doyles
Spain Agency
FunFlatables
Bridgeview Tavern
Sleepy Hollow Animal Hospital

4) Safety Meeting - There was a Safety Committee meeting this morning with the
department heads and our insurance company. We discussed ways to reduce
claims and scheduled a work piace violence training class on Nov. 13 at 5:45.
5) Water Alert System - After the recent water shortage emergency the Village
experienced, ! met with Rich Gross to see how we can better inform the
residents in the future. We discussed having a water alert system that notifies
residents when conservation is necessary. This will only apply to water
shortages, because the County contacts residents regarding water quality.
6) Ambulance Corps Interviews - We have received 6 new applications for the
ambulance corps. We will be conducting interviews this coming Saturday.
Anyone else interested in being a member may call me at 366-5105.
7) Ichabod's Sink Hole - Dolph Rotfeld has completed an R F P to study the
entire bulkhead at Ichabod's Landing. I've sent the draft R F P to the Village
Attorney and Village Architect for review. I'd like to send this out as soon as its
finalized.
8) GM Meeting - Sean and I will be meeting with G M to discuss the dredging
project, which should begin in late October or early November. A contractor
has been chosen, but a permit to do the work has not yet been given by the
State. There are also Village permits required.

Anthony Giaccio, Village Administrator

�Meeting Date:
Resolution #:

09/25/2012
09/111/2012
Resolution Hiring Seasonal Recreation Staff

WHEREAS, a need for seasonal recreation staff for the after-school program is
necessary; and
WHEREAS, the recreation supervisor, Robin Pell, has recommended that
Laura Smutek is hired on a seasonal basis to fill this position;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the
Village of Sleepy Hollow hereby approves Laura Smutek to be hired on a
seasonal basis, up to four months, in the Department of Recreation at a salary
rate of $12.00 per hour, effective immediately under the direct supervision of the
Recreation Supervisor.
Moved: Trustee Carr

Seconded: Trustee Wompa

Vote: 6-0

�Meeting Date:
Resolution #:

09/18/2012
09/112/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Approving a Request made by the Saint Teresa of Avila Church
BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow
approve a request made by the Saint Teresa of Avila Church located at 130 Beekman Avenue,
to hold a street procession on Saturday, September 22, 2012 from 6:00 pm to 7:00 pm.
BE IT FURTHER RESOLVED that the Mayor and the Board of Trustees approve the closing
of Beekman Avenue, Clinton Street and Cortlandt St. during this procession.
Moved: Trustee Campbell

Seconded: Trustee MacFarlane

Vote: 6-0

�Meeting Date:
Resolution #:

09/25/2012
09/111/2012

Resolution of the Board of Trustees of the Village of Sleepy Hoiiow
Authorizing the Sale of Fire Apparatus
Whereas, the Village of Sleepy Hollow ("Village") owns and has in its possession a
1991 E-One Pumper Fire Apparatus, which is no longer necessary or adaptable for use
by the Village; and
Whereas, it is in the best interest of the Village to dispose of said vehicle and receive
monetary compensation for the benefit of the Village.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow hereby authorizes the Village Administrator to sell said vehicle by sealed bid to
be submitted to the Office of the Village Clerk no later than 10:00AM on October 26,
2012; and
Be it further resolved that the minimum acceptable bid shall start at $25,000; and
Be it further resolved that the Village Administrator is authorized to take any and all
such steps that are necessary to effectuate the intent of this resolution.
Moved: Trustee Carr

Second: Trustee Stupel

Vote: 6-0

�NOTICE TO BIDDERS
SALE OF ONE (1) 1991 E-ONE FIRE ENGINE
VILLAGE OF SLEEPY HOLLOW

NOTICE TO BIDDERS: Sealed bids for the purchase of a Fire Engine will be received at the Office of the
Village Clerk at the date and time specified below:
Description of vehicle
1991 E-One Simon-Duplex Fire Engine
Detroit Diesel 450HP V8 Engine, Allison Transmission
Front Axle 17,600 pounds / Rear Axle 24,000
Gross Vehicle Weight is 41,600 pounds
1750 GPM Single Stage Hale Pump, Mounted Mid-Ship
500 Gallon Water Tank
Officer Seat with SCBA Bracket
10 Man Cab
Gross Weight of 41,000 Pounds
Whelen Freedom LED Light bars
Safety Vision back-up camera system
Inlets 5" front, 6" on both sides , 2.5" left side , 2.5" right side , 2.5" rear
Outlets 1.5" front, twin 1.5" cross lays , twin 2.5" left side , 2.5" right side
Mileage is 20,736
Engine Hours is 2,305.6
NO HOSE OR LOOSE EQUIPMENT WILL BE INCLUDED
Truck available November 1, 2012
NOTE: Minimum bid of $25,000.00
ADDRESS PROPOSALS TO: Office of the Village Clerk, Village of Sleepy Hollow, 28 Beekman Avenue,
Sleepy Hollow, NY 10591, on or before the bid opening local time and date specified below. Sealed bids
will not be accepted by fax. Bids shall be in a sealed envelope and clearly marked on the front with
reference to 1991 E ONE FIRE ENGINE.
The Village of Sleepy Hollow is not responsible for delays occasioned by the United States Postal Service,
or any other means of delivery employed by the bidder. Similarly, the Village is not responsible for, and
will not open, any bid responses which are received later than the date and time stated below.
BID OPENING: 11:00 a.m., October 26, 2012
Board Room, Village Hall 2 nd Floor, 28 Beekman Avenue, Sleepy Hollow, NY 10591
VIEWING OF UNIT: The unit will be available to view by appointment only between the hours of 8:30
a.m. and 4:30 p.m., Monday - Friday. Please contact William F. Ryan, Fire Chief at 914-366-5104 to
schedule an appointment.
The Board of Trustees of the Village of Sleepy Hollow reserves the right to accept or reject any or all bids
and waive any or all informalities
BY ORDER OF THE BOARD OF TRUSTEES
Village of Sleepy Hollow
Paula A. McCarthy, Village Clerk
Dated: September 26, 2012

�Sleepy Hollow, September 14 2012
th

Marcel and Andrea Tschan
203 Hunter Avenue
Sleepy Hollow, NY 10591
914 332 8402
CERTIFIED MAIL
Mr. Ken Wray
Mayor
28 Beekman Avenue
Sleepy Hollow, NY 10591

S 362-5 Ballplaving and coasting prohibited

(Playing ball of any nature or description and coasting on sleds on any of the streets, lanes, alleys
or highways of this Village are hereby prohibited.]
Dear Mayor Wray,
After reading the (Sleepy Hollow Board) news in the Patch today, we are amazed to find out about
the motion to have the above law removed from the Town Code and instead have people use
"common sense" in their behavior.
Yes, our children also have played (ridden their bikes) on those streets, Hunter Avenue in
particular. In those days there was always a parent out with them, supervising their actions and
activities. When we saw a car approaching from either side, our children and their friends knew
that they had to move out of the street and onto the curbside immediately, unconditionally and
cease any activity until the car had completely passed, thus giving it the right of way.
Unfortunately times have changed drastically and the same cannot be said of some of the families
and children who live in the Manors today. There is an immense sense of entitlement and
longstanding neighbors' concerns are met with disrespect, hostility and ignorance. Unsupervised
Kids blatantly ignore a passing car, forcing it into snail speed while continuing to play any game,
provoking an unnecessary and dangerous situation for all.
And now the town is even considering supporting and encouraging this kind of behavior and
giving everybody the entitlement to make the street in front of their houses their own personal
playground by using "common sense"?
Why not lift all speed restrictions in Town and let everybody decide for him or herself what their
personal guidelines should be? It is just flat out ridiculous and a very slippery slope to go for any
Town following the suggested path.

�§362-5 was implemented in August 1937 for a reason. Since then, houses and population in the
Villages have increased by at least 500% while traffic has become faster and less forgiving 75
years after implementation of this law.
It beggars belief that any Town would even consider removing this law and let its residents apply
their very own "common sense" of what's right and what's wrong in this regard.
More accidents between playing children in the streets and cars will be the result of such a move
and we don't think we'll need or want a case study to come to such a conclusion. In addition, the
Town would open itself up to endless lawsuits by parents of injured children that got hurt while
lawfully playing ball in any Village street and were struck by lawfully passing cars.
Such a true conflict of entitlements by either side will then become the new 'playground' for
lawyers. We doubt that this is the place where a majority of the residents want to see their tax
dollars wasted.
Let us be clear, there is an abundant opportunity for children to play, especially in the Manors.
Besides every house having its own backyard, three beautiful parks (Kingsland Point, DeVries and
Peabody Field) provide ample space to roam free and play any kind of ball games and are
conveniently located within walking distance to the Manors. Just this spring, DeVries has
undergone an extensive renovation with a beautiful addition of an extended playground and
improved ball fields.
The streets, lanes, alleys and highways in the Villages must remain for its intended use: travelling
on or in a wheeled vehicle from point A to point B. Kids playing at their discretion on any of the
aforementioned streets are endangering themselves by doing so and are inhibiting and imperiling
the driver as well.
This law cannot be arbitrary and should be enforced in an unbiased and objective manner.
Changing or abolishing this law would be a grave mistake and will open doors to countless lawsuits
by parents due to the boundless room far interpretation f"common sense") by every resident. thus
driving our already skv high taxes for additional liability coverage into orbit.
Sincerely,

Marcel and Andrea Tschan
CC:

Village Clerk,
Mr. Sean McCarthy, Building Inspector

�Paula Mccarthy
From:
Sent:
To:
Cc:
Subject:

Kenneth Wray
Thursday, September 13, 2012 2:15 P M
Paula Mccarthy
Anthony P. Giaccio
FW: Village Code - Ball Playing

Please add these comments to the public record.

Ken Wray
Mayor, Village of Sleepy Hollow

Original Message
From: Denise Scaglione [mailto:dbscaglione@msn.com]
Sent: Mon 9 / 1 0 / 2 0 1 2 8:13 P M
To: Kenneth Wray
Subject: Village Code - Ball Playing

Dear Mayor Wray, We would like to voice our opinion regarding the village code regarding ball playing in the streets.
W e would ask that the village do away with this code prohibiting any ball playing in the streets of Sleepy Hollow.
The existing code says:Playing ball of any nature or description and coasting on sleds on any of the streets, lanes,
alleys or highways of this Village are hereby prohibited. Any person violating any of the provisions of this section
shall be liable to a fine in the sum of $5 for each and every offense. Thank you for your consideration. Denise &amp; Bill
Scaglione216 Palmer AvenueSleepy Hollow, N Y

10591

i

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                    <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,
September 18, 2012 at 7:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New
York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel
Barbara Carr

Trustees

Also Present: Anthony Giaccio, Village Administrator
Sara DiGiacomo, Village Treasurer
Rich Gross, General Foreman
Sean McCarthy, Village Architect
Anthony Bueti, Police Lieutenant
Janet Gandolfo, Village Attorney
Billy Ryan, Fire Chief
Mayor Wray called the work session to order at 7:00 p.m.
FIRE DEPARTMENT REQUESTS ^ Fire Chief Billy Ryan requested permission from the
Board to auction off a retired fire apparatus. The apparatus is being replaced by a newer model.
The minimum auction price is $25,000. Discussion ensued. Chief Ryan also gave an overview
of his department's capital project requests.
ST TERESA'S REQUEST - Reverend Pevalta from St. Teresa's Church introduced himself to
the Board and made a request to hold a Church procession this Saturday. The Board discussed
the request.
SPECIAL SESSION
On a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously
the Board moved into special session.
SEE ATTACHED RESOLUTION

�On a motion made by Trustee Lobato-Church and seconded by Trustee Campbell and carried
unanimously, the Board moved out of special session.
POLICE TRAINING REIMBURSEMENT - The Board reviewed a memo from Chief Camp
requesting tuition reimbursement for a training class that Officer Kmiotek attended. The cost of
the tuition is $60. Mayor Wray asked that a resolution on this be on the next Board meeting
agenda.
EMERGENCY NOTIFICATION PROCEDURES ^ Mayor Wray asked Mr. Giaccio to research
an emergency notification system. Mr. Giaccio is going to explore the idea of doing a joint bid
with other municipalities.
AWARD BID FOR MAPPING PROJECT - The Board reviewed a recommendation made by
Mike Ritchie of Dolph Rotfeld Engineering, to award a bid for a strom water mapping project.
Mayor Wray asked that a resolution on this be on the next Board meeting agenda.
MAYOR'S COMMENTS - Mayor Wray reported on the recent water main breaks that the
Village had this past weekend. Mayor Wray commended Rich Gross and the Water Department
for their work in restoring full water service to the residents.
HIRE AFTER-SCHOOL PROGRAM COUNSELOR - Mr. Giaccio explained to the Board why
it is necessary to hire another counselor for the after-school program.
SPECIAL SESSION
On a motion made by Trustee Campbell and seconded by Trustee MacFarlane and carried
unanimously the Board moved into special session.
SEE ATTACHED RESOLUTION
On a motion made by Trustee Lobato-Church and seconded by Trustee Campbell and carried
unanimously, the Board moved out of special session.
HAUNTED HAYRIDE DATES ^ The Board discussed adding a third night for the haunted
hayride. Trustee Campbell provided the Board with a proposed budget for the event. Discussion
ensued. The consensus on the Board was to add the third night.
PAPER STREETS - Village Attorney, Janet Gandolfo lead the discussion on paper streets.
Paper streets are streets that were originally mapped by the Village, but were never constructed.
Ms. Gandolfo talked about one paper street (Philipse Avenue), which has caused some issues
with the Building Department. The problem is that some home owners have been permitted to

�encroach on this area, while others have been denied. Ms. Gandolfo feels the issue should be
rectified. Discussion ensued.
CAPITAL BUDGET - Village Treasurer, Sara DiGiacomo summarized the department heads
requests for capital expenditures. A list of these requests is attached. Lieutenant Bueti outlined
the Police Department's requests. Rich Gross described the requests made by DPW.
At 9:30pm the meeting was adjourned
Respectfully submitted,

Anthony Giaccio
Village Administrator

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                    <text>Meeting date: 09/11/2012
Resolution:
09/100-A/2012
Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow
Authorizing Salary Adjustments for Non-Union Employees
Whereas, the Board of Trustees has reviewed the job performance of the following
non-union full-time employees; and
Whereas, it has been determined that a salary increase is appropriate at this time;
Now, therefore, be it resolved, effective June l r ?n 17 the annual salary of the
following employees shall be increased by 2%: Gregory Camp, Paula McCarthy
Sara DiGiacomo, Richard Gross, Sean McCarthy, Rae Lee, Joe Paiva, Arlene Morel
Christopher Scelza and Alyson DePaolo.
Moved; Trustee Carr

Seconded: Trustee Campbell

Vote: 4-0

Absent: Deputy Mayor Wompa and Trustee Stupel

Meeting date:
Resolution:

09/11/2012
09/100-B/2012

Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow
Granting Vacation Entitlement Increase
Whereas, the vacation entitlement for Paula McCarthy and Anthony Giaccio is not at
the same level as other Department Heads; and
Whereas, the Board of Trustees is desirous of establishing parity of the vacation
entitlement for these employees;
Now, therefore, be it resolved, effective June 1, 2012, the vacation entitlement of
Paula McCarthy and Anthony Giaccio shall be increased by one (1) week.
Move: Trustee McFarlane

Second: Trustee Lobato-Church

Absent: Deputy Mayor Wompa and Trustee Stupel

Vote: 4-0

�Meeting
date:
Resolution:

09/11/2012
09/100-A/2012

Resolution of the Mayor and Board of Trustees of the Village of Sleepy
Hollow to retain O'Connor Davies Munns and Dobbins, LLP
WHEREAS, the Village is required to retain auditors to provide an independent
financial audit for the Village's 2011/2012 fiscal year; and
WHEREAS, the Village Treasurer is recommending the firm of O'Connor Davies Munns
and Dobbins, LLP;
NOW, THEREFORE, BE IT RESOLVED the Board of Trustees authorizes the Mayor to
execute the attached retainer agreement with O'Connor Davies Munns and Dobbins,
LLP, to provide the Village with an independent financial audit for the 2011/2012 fiscal
year at a cost of $32,600.00
Moved: Trustee Carr

Seconded: Trustee MacFarlane

Absent: Deputy Mayor Wompa and Trustee Stupel

Vote: 4-0

�Village ofSleepy Hollow
Kenneth G, Wray
Mayor
(914)366-5107

Anthony P. Giaccio
Village Administrator
(914) 366-5105

Karin Wompa
Deputy Mayor
(914) 366-5107

Paula A. McCarthy
Village Clerk
(914) 366-5106

TRUSTEES
Bruce R. Campbell
Barbara J. Carr
Jennifer Lobato-Church
Susan McFarlane
Evelyn R. Stupel
(914) 366-5107

1874

More than a Legend
28 Beekman Avenue
Sleepy Hollow, New York 10591
(914) 366-5100 • Fax (914) 332-7074
vvww.sleepyholIowny.gov

I'O:

Mayor Wray and Board of Trustees

CC:

Anthony Giaccio

FROM:

Sara DiGiacomo. Village Treasure

DATF.:

September 4. 2012

RK:

Approve ODMD Auditors for 2011 -2012

Sara A. DiGiacomo
Village Treasurer
(914)366-5144
Janet Gandolfo
Village Attorney
(914)366-5107

Our current auditors, O'Connor, Davics, Munns and Dobbins, were previously approved for a one-year
term of a five year engagement (see attached) at the end of 2011. This was for fiscal year ending May 31,
201 1. which should be completed by the end of this month. The firm has been very knowledgeable' and
professional during our engagement, and is a great improvement over our last auditors, used for the 20092010 fiscal year.
I would like to begin working on fiscal year ending 2011-2012 as soon as possible; therefore, I am
requesting that the Board please approve ODMD for an additional year, at the annual fee of $32,600.00.
If you have any questions, please let me know. I appreciate your consideration in this matter. Thank you.

�O ' C o n n o r Davies M u n n s &amp; Dobbins, lip
October 19,2011
Mr. Anthony Giaccio
Village Administrator
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, New York 10591
Dear Mr. Giaccio:
We are pleased to confirm our understanding of the services we are to provide the
VHIage of Sleepy Hollow, New York {"Village") for the year ended May 31, 2011 with
If

opt

J°"°!

a

°

n e

y° ar

renewat for each of the years

ended

May 31, 2012

mroitgh 2015 The partner-in-charge of the engagement will be Susan Barossi We
wiH audit the financial statements of the governmental activities, the business-type
acflvities each major fund, and the aggregate remaining fund information, which
collectively comprise the basic financial statements of the Village as of and for the years
I 1 ' ? ? I V ? 1 2 , 2 0 1 3 ' 2 0 1 4 a n d 2 0 1 5 - Accounting standards generally
accepted in the United States provide for certain required supplementary information
(RSI), such as management's discussion and analysis (MD&amp;A), to accompany the
Villages basic financial statements. Such information, although not a part of the basic
financial statements, is required by the Governmental Accounting Standards Board who
considers it to be an essential part of financial reporting for placing the basic financial
statements in an appropriate operational, economic, or historical context. As part of our
engagement we will apply certain limited procedures to the Village's RSI in accordance
with auditing standards generally accepted in the United States of America These
limited procedures will consist of inquiries of management regarding the methods of
preparing the information and comparing the information for consistency with
management's responses to our inquiries, the basic financial statements, and other
knowledge we obtained during our audit of the basic financial statements. We will not
express an opinion or provide any assurance on the information because the limited
procedures do not provide us with sufficient evidence to express an opinion or provide
any assurance. The following RSI is required by generally accepted accounting
pnnciples and will be subjected to certain limited procedures, but will not be audited:
1. Management's Discussion and Analysis.
Supplementary information other than RSI also accompanies the Village's financial
statements. We will subject the following supplementary information to the auditing
procedures applied in our audit of the financial statements and certain additional
procedures, including comparing and reconciling such information directly to the
underlying accounting and other records used to prepare the financial statements or to
the financial statements themselves, and other additional procedures in accordance
SCO Mamaraneck Avenue, Harrison. NY 10528 Tel: 914-381-89(30 Fax: 914-381-8910
www.ODMD.com

�with auditing standards generally accepted in the United States of America and will
provide an opinion on it in relation to the financial statements as a whole:
1. Combining and Individual Fund Financial Statements and Schedules
2. Schedule of expenditures of federal awards (if applicable)
Audit Objective
The objective of our audit is the expression of opinions as to whether your basic
financial statements are fairly presented, in all material respects, in conformity with U S
generally accepted accounting principles and to report on the fairness of the
supplementary information referred to in the second paragraph when considered in
relation to the financial statements as a whole. The objective also includes reporting
•

Internal control related to the financial statements and compliance with laws
regulations, and the provisions of contracts or grant agreements, noncompliance
with which could have a material effect on the financial statements in accordance
with Government Auditing Standards.

•

Internal control related to major programs and an opinion (or disclaimer of
opinion) on compliance with laws, regulations, and the provisions of contracts or
grant agreements that could have a direct and material effect on each major
program in accordance with the Single Audit Act Amendments of 1996 and OMB

Circular A-133,
Organizations.

Audits

of

States,

Local

Governments,

and

Non-Profit

The reports on internal control and compliance will each include a statement that the
report is intended solely for the information and use of management, the body or
individuals charged with governance, others within the entity specific legislative or
regulatory bodies, federal awarding agencies, and if applicable, pass-through entities
and is not intended to be and should not be used by anyone other than these specified
parties.
Our audit will be conducted in accordance with auditing standards generally accepted in
the United States of America; the standards for financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United
States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular
A-133, and will include tests of accounting records, a determination of major program(s)
in accordance with OMB Circular A-133, and other procedures we consider necessary
to enable us to express such opinions and to render the required reports. If our
opinions on the financial statements or the Single Audit compliance opinions are other
than unqualified, we will fully discuss the reasons with you in advance. If, for any reason,
we are unable to complete the audit or are unable to form or have not formed opinions
we may decline to express opinions or to issue a report as a result of this engagement '

2

�Management Responsibilities
Management is responsible for Hie basic financial statements and ail aRmmnanuinn
i^TrfJh," 7
f i a " rePrese^tions
contained therein. ManagemenT is
S
responsible for identifying government award programs and understanding and
complying with the compliance requirements, and for preparation of the schedule of
expenditures of federal awards in accordance with the requirements of OMB Circular A133. As part of the audit, we will assist with preparation of your financial statements
schedule of expenditures of federal awards, and related notes. You are responsible for
making all management decisions and performing all management functions relating to
the(financial statements, schedule of expenditures of federal awards, and related notes
and for accepting full responsibility for such decisions. You will be required to
acknowledge in the management representation letter our assistance with preparation
of the financial statements and the schedule of expenditures of federal awards and that
you have reviewed and approved the financial statements, schedule of expenditures of
federal awards, and related notes prior to their issuance and have accepted
responsibility for them. Further, you are required to designate an individual with suitable
skill knowledge, or experience to oversee any nonaudit services we provide and for
evaluating the adequacy and results of those services and accepting responsibility for
Management is responsible for establishing and maintaining effective internal controls
™ n 9 ' n t emal controls over compliance, and for evaluating and monitoring ongoing
activities, to help ensure that appropriate goals and objectives are met and that there is
reasonable assurance that government programs are administered in compliance with
compliance requirements. You are also responsible for the selection and application of
accounting principles; for the fair presentation in the financial statements of the
respective financial position of the governmental activities, the business-type activities
the aggregate discretely presented component units, each major fond and the
aggregate remaining fond information of the Village and the respective changes in
financial position and, where applicable, cash flows in conformity with U.S generally
accepted accounting principles; and for compliance with applicable laws and regulations
and the provisions of contracts and grant agreements.
, n

Management is also responsible for making all financial records and related information
available to us and for ensuring that management and financial information is reliable
and properly recorded. Your responsibilities also include identifying significant vendor
relationships in which the vendor has responsibility for program compliance and for the
accuracy and completeness of that information. Your responsibilities include adjusting
the financial statements to correct material misstatements and confirming to us in the
representation letter that the effects of any uncorrected misstatements aggregated bv
us during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the financial statements taken as a
whole.
You are responsible for the design and implementation of programs and controls to
prevent and detect fraud, and for informing us about all known or suspected fraud or
fflegal acte affecting the government involving (1) management. (2) employees who
have significant roles in internal control, and (3) others where the fraud or illegal acts

�coutd have a material effect on the financial statements. Your responsibilities include
informing us of your knowledge of any allegations of fraud or suspected fraud affecting
the government received in communications from employees former employees
grantors, regulators, or others. In addition, you are responsible for identifying and
ensunng that the entity complies with applicable laws, regulations, contracts
agreements, and grants. Additionally, as required by OMB Circular A-133 it is
management's responsibility to follow up and take corrective action on reported audit
findings and to prepare a summary schedule of prior audit findings and a corrective
action plan. The summary schedule of prior audit findings should be available for our
review upon commencement of the audit You are responsible for the preparation of the
supplementary information in conformity with U.S. generally accepted accounting
pnnaples. You agree to include our report on the supplementary information in any
document that contains and indicates that we have reported on the supplementary
information. You also agree to present the supplementary information with the audited
financial statements or make the audited financial statements readily available to users
of the supplementary information no later than the date the supplementary information
is issued with our report thereon.
With regard to using the auditor's report, you understand that you must obtain
our prior written consent to reproduce or use our report in any bond offering
official statements or other documents. The fees discussed below do not include
the Village's anticipation of the preparation of one or more official statements in
connection with the sale of debt securities which will contain the general purpose
financial statements and ODMD's Auditors' report thereon. The fee for the hours
pertaining to ODMD's issuance of "consent and citation of expertise" and any
necessary "comfort letters" would be discussed with the Village.
With regard to the electronic dissemination of audited financial statements, including
financial statements published electronically on your website, you understand that
electronic sites are a means to distribute information and, therefore, we are not required
to read the information contained in these sites or to consider the consistency of other
information in the electronic site with the original document.
Management is responsible for establishing and maintaining a process for tracking the
status of audit findings and recommendations. Management is also responsible for
identifying for us previous financial audits, attestation engagements, performance audits
or other studies related to the objectives discussed in the Audit Objectives section of'
this letter. This responsibility includes relaying to us corrective actions taken to address
significant findings and recommendations resulting from those audits, attestation
engagements, performance audits, or studies. You are also responsible for providina
management's views on our current findings, conclusions, and recommendations as
well as your planned corrective actions, for the report, and for the timing and format for
providing that information.

4

�Audit Procedures—General
An audit includes examining}, on 0 test basis, evidence supporting tli© amounts and
disclosures in the financial statements; therefore, our audit will involve judgment about
the number of transactions to be examined and the areas to be tested. We will plan and
perform the audit to obtain reasonable rather than absolute assurance about whether
the financial statements are free of material misstatement, whether from (1) errors (2)
fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or
governmental regulations that are attributable to the entity or to acts by management or
employees acting on behalf of the entity. Because the determination of abuse is
subjective. Government Auditing Standards do not expect auditors to provide
reasonable assurance of detecting abuse.
Because an audit is designed to provide reasonable, but not absolute assurance and
because we will not perform a detailed examination of all transactions, there is a risk
that material misstatements or noncompliance may exist and not be detected by us In
addition, an audit is not designed to detect immaterial misstatements or violations of
l a m or governmental regulations that do not have a direct and material effect on the
financial statements or major programs. However, we will inform you of any material
errors and any fraudulent financial reporting or misappropriation of assets that come to
our attention. We will also inform you of any violations of laws or governmental
regulations that come to our attention, unless clearly inconsequential, and of any
matenal abuse that comes to our attention. We will include such matters in the reports
required for a Single Audit. Our responsibility as auditors is limited to the period covered
by our audit and does not extend to any later periods for which we are not engaged as
8
auditors.
Our procedures will include tests of documentary evidence supporting the transactions
recorded in the accounts, and may include tests of the physical existence of inventories,
and direct confirmation of receivables and certain other assets and liabilities by
correspondence with selected individuals, funding sources, creditors, and financial
institutions. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry. At the conclusion of
our audit, we will require certain written representations from you about the financial
statements and related matters.
Audit Procedures—Internal Controls
Our audit will include obtaining an understanding of the entity and its environment
including internal control, sufficient to assess the risks of material misstatement of the
financial statements and to design the nature, timing, and extent of further audit
procedures. Tests of controls may be performed to test the effectiveness of certain
controls that we consider relevant to preventing and detecting errors and fraud that are
matenal to the financial statements and to preventing and detecting misstatements
resulting from illegal acts and other noncompliance matters that have a direct and
matenal effect on the financial statements. Our tests, if performed, will be less in scope
than would be necessary to render an opinion on internal control and, accordingly no
opinion will be expressed in our report on internal control issued pursuant to
Government Auditing

Standards.

5

�As required by OMB Circular A-133 (if applicable), we will perform tests of controls over
compliance to evaluate the effectiveness of the design and operation of controls that we
const er re evant to preventing or detecting materia! noncompliance with compliance
requirements applicable to each major federal award program. However, our tests will
be less in scope than would be necessary to render an opinion on those controls and
accordingly, no opinion will be expressed in our report on internal control issued
pursuant to OMB Circular A-133.
An audit is not designed to provide assurance on internal control or to identify significant
deficiencies. However, during the audit, we will communicate to management and those
charged with governance internal control related matters that are required to be
and O M B C C i f a j l a r ? i 3 3 C P A

professional standards

. Government Auditing Standards,

Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are
free of matenal misstatement, we will perform tests of the Village's compliance with
applicable laws and regulations and the provisions of contracts and agreements
including grant agreements. However, the objective of those procedures will not be to
provide an opinion on overall compliance and we will not express such an opinion in our
report on compliance issued pursuant to Government Auditing Standards.
OMB Circular A-133 (if applicable) requires that we also plan and perform the audit to
obtain reasonable assurance about whether the auditee has complied with applicable
laws and regulations and the provisions of contracts and grant agreements applicable to
major programs. Our procedures will consist of tests of transactions and other
applicab e procedures described in the OMB Circular A-133 Compliance Supplement
and related addenda for the types of compliance requirements that could have a direct
and matenal effect on each of the Village's major programs. The purpose of these
procedures will be to express an opinion on the Village's compliance with requirements
to OMB C i r c u l a r V 133 m a j ° r

pr

°9rams

i n o u r re

P° r t

on

compliance issued pursuant

Audit Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable or other
confirmations we request and will locate any documents selected by us for testing.
We will provide copies of our reports to the Village; however, management is
responsible for distribution of the reports and the financial statements. Unless restricted
by law or regulation, or containing privileged and confidential information, copies or our
reports are to be made available for public inspection.
TTie audit documentation for this engagement is the property of O'Connor Davies
Munns &amp; Dobbins, LLP and constitutes confidential information which protects the
Village from any non-authorized disclosure of town information by our staff However
! a w ° r re9u,ations- w e
be requested to make certain
audit documentation available to the cognizant agency or its designee, a federal agency

�5 ° b b i n f ' &gt; L P p e r s o n n e l ' F ^ e r m o r e , upon request we may provide cop 2
f C ™ t a t i 0 n t 0 t h e aforementioned parties. These partes may
intend, or decide, to d«stribute the copies or information contained therein to others
including other governmental agencies.
'
nf 1 , J

J p f r « U a C l ? 0 t K T e n t a I i 0 n !° r t h i s e n 9 a 9 e m e n t will be retained for a minimum of seven
rel ase date or for
addi onal
rnnn-Jn?^8
t
«
P®** requested by me
VerS,ght A g e n c y for A u d i t or
°
P^s-through Entity. If we are aware
f r f l l 31 a V r, a r d , " g a 9 * n c y &gt; Pass-through entity, or auditee is contesting an
S

c L n t o L i ^ m * ° U i S t a f f , . i n . a c c o r d a n c e w i t h Parameters established by the
Comptroller's Office. The preliminary phase will be conducted prior to the end of the
fiscal year, generally in the latter part of June.
The components of our fees for the next five years are detailed below:
2011

TOTAL ALL-INCLUSIVE MAXIMUM
PRICE FOR AUDIT

S

30.000

Village Justice Court Audit Fee
Subtotal
Less: Additional 1st Year Discount

2012

S

2013

31.000

$

2014

32.000

$

2015

33.000

$

34,000

tSOO

1.600

1.650

1.70Q

j.750

31.500

32,600

33,650

34.700

35.750

(1,900)

TOTAL ALL-INCLUSIVE MAXIMUM PRICE
FOR AUDIT AND JUSTICE COURT
EXCLUSIVE OF SINGLE AUDIT

8

29 600

5

32.600

I

33,650

S

34.700

$

35,750

Single Audit {if applicable) - OMB Circular
A-133 Audit Fee (per program)

3

2.500

S

2.600

$

2,700

$

2,800

$

2,300

'

In the event that the Village spends $500,000 or more in Federal Assistance a Sinale
t f i t ^ S S S ?

p

u

r

s

u

a

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t 1 0

0

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B

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! e s f o r t h ese services are due and payable under the payment schedule which
! ' T C e S ! ° r a d d i t i o n a l a m o u n t s ^at may be incurred for these and ottfer
services will be rendered as such work progresses and are payable upon pmseStation

7

�Payments will be due

Percentage

Upon completion of our audit field work
Upon submission of the final report and
management letter

50%
25%
100%

Our hourly rates for any additional services for the initial year of the engagement are
detailed below. This rate will increase by 3 %% each year in the subsequent years.
Standard
Senior Partner
Partner
Senior Manager
Managers
Supervisor
Senior Accountants
Staff Assistants

$

Rates

290
245
200-225
175
170
150
100-110

$

Quoted
250
225
190
150
145
130
90

The fee is based on anticipated cooperation from your personnel, audit condition
of the books and records and the assumption that unexpected circumstances will

not be encountered during the audit If significant additional time is necessary, we
will discuss it with you and arrive at a new fee estimate before we incur the additional
costs.
As you may know, it is typical for us to assign staff and schedule their time for a client
engagement well in advance of the actual performance of the services. This advanced
scheduling allows us to ensure that staff is available to accommodate the technical
requirements of the engagement; any preferences you may have as to the professionals
assigned and that all your deadlines can be met. From time to time we may be required
to cancel and/or reschedule the on-site services due to your inability to provide the
documentation and schedules required prior to our beginning our work or a change in
the availability of your staff or simply at your request. Without proper notification of such
required rescheduling, it is typical for us to incur additional fees not originally planned
with the scope of our engagement and within the related fees quoted in this letter.
You may request that we perform additional services not addressed in this engagement
letter. If this occurs, we will communicate with you regarding the scope of the additional
services and the estimated fees. We also may issue a separate engagement letter
covering the additional services. In the absence of any other written communication
from us documenting such additional services, our services will continue to be governed
by the terms of this engagement letter.
We appreciate the opportunity to continue to be of sen/ice to the Village and believe this
letter accurately summarizes the significant terms of our engagement. If you have any

8

�questions please let us know. If you agree with the terms of our engagement as
described .n this letter, please sign the enclosed copy and return it to us The te?m of
this agreement shall be for work for five (5) fiscal years commencing May 31 2011 and
ending on May 31, 2015. Either party may cancel this agreement upon thirty (30) davs
i n r t u r i ^ n 0 ^ 6 , ° t h f - T h e f 0 r 9 ° i n S n o t i C e * e r i ° d s h a » n o * affect or limit our
aS
s e n t e n c e o f t h e first
O w l ^ ^
,
P a r a 9 r a P h with the caption "Audit
e v e n t of e x e r c , s e of this n
nt ^
,
'9W by the Village, it shall pay for any billed
and unbilled fees for completed work as of the date of the cancellation /Ml rights and
obhgat,ons set forth herein shall become the rights and obligations of any successor
U m S &amp; D bbinS
of
otherwise
°
' LLP
merger, acquisition or
We appreciate the opportunity to continue to be of service to the Village and believe this
rtifnCcUra e,y S U , T a r i 2 e S the
questions, please let us know.

Si9nificant terms o f o u r

engagement. If you have any
If you agree with the terns of our engagement as
h,S ett
r p , e a s e si
0 1 5 e n c , o s e d C
and return it to us I h T S
t
continue in effect until cancelled by either party.

i ' f, '

9"

°PV

wl

Very truly yours,
O'Connor Davies Munns &amp; Dobbins, L L P

^Ui/Jjpvy

/

Susan M. Barossi, C P A
Partner

Response:
May 3

?

X

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^

By:
Title:

Date:

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I ^ r ^ h p - r

1. T i n

9

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�Meeting
date:
Resolution:

09/11/2012
09/100-A/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Accepting Engineering Proposal for the Route 9 Streetscape Project
WHEREAS, Hahn Engineering submitted a proposal to complete the Route 9
Streetscape Project design and construction drawings (attached); and
WHEREAS, the proposed cost for this work is $60,000; and
WHEREAS, the Village Board has reviewed the proposal and has found it to be
acceptable;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees accepts a proposal
from Hahn Engineering to complete the Route 9 Streetscape Project design and
construction drawings at a cost not to exceed $60,000 and authorizes the Mayor to take
any and all such steps as are necessary to effectuate the intent of this resolution.
Move: Trustee MacFarlane

Second: Trustee Campbell

Absent: Deputy Mayor Wompa and Trustee Stupel

Vote: 4-0

�Putnam Business Park

1689 Route 22
Brewster, NY 10509

jhahn@hahn-eng.com

Tel: 845-279-2220
Fax: 845-279-8909

September 25,2012

Mr. Anthony Giaccio
Village Administrator
Village of Sleepy Hollow
Sleepy Hollow, NY 10591
Re:

Broadway Sidewalk Improvements Project
Village of Sleepy Hollow

Dear Mr. Giaccio:
Thank youforthis opportunity to submit our proposal of Engineering Services consisting of
this letter and a six (6) page proposal to design a sidewalk along Route 9 at Wildey Street to Gordon
Avenue m the Village of Sleepy Hollow for your review and approval.
Hahn Engineering is pleased to have this opportunity to offer our engineering design and
construction inspection expertise to the Village of Sleepy Hollow, New York. Hahn Engineering has
completed numerous sidewalks and curbs replacement projects since 1980 located throulout
Westchester and Putnam Counties. Our firm has demonstrated expertise in the realization and
improvement of Westchester County communities for over thirty-two (32) years.
Hahn Engineering is staffed with personnel with extensive experience in sidewalk and curbs
design and state-of-the-art AutoCAD equipment to provide professionally designed projects Our
office will stave to achieve all Village goals with practical and economical engineering solutions.
opportunity for Hahn Engineering to provide engineering services for the
Village of Sleepy Hollow.

e n v i r o n m e n t a l
S T U D I E S
ASCE

.

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

.

D E S I G N
WEF

�Mr. Anthony Giaccio
Broadway Sidewalk Improvements Project
Village of Sleepy Hollow
September 25,2012
Page Two
If you approve this proposal, please sign below and return to Hahn Engineering
If you have any questions concerning the above, please do not hesitate to contact me at your
earliest convenience.

James J. Hahn, P.E.
ACCEPTED &amp; APPROVE BY:

DATED:
t , &lt;&gt;

JH: y
f

Enclosure
P:\VILLAGE OF SLEEPY HOLLOW\BROADWAY SIDEWALK-2012\PROPOSAL\A GIACCIO.DOC

�GENERAL PROVISIONS
DEFINITIONS
Client

Village of Sleepy Hollow

Engineer

Habn Engineering

Project

Broadway Sidewalk Improvements Project
Village of Sleepy Hollow

SECTION I - SERVICES OF THE ENGINEER
The scope of engineering services will be to design a sidewalk along Route 9 at Wildey Street to
Gordon Avenue on Conceptual Plan dated 9/21/10 and revised 1/21/11 as shown on Westchester
County Department of Planning Division of Design in the Village of Sleepy Hollow, New York.
Included will be the design of curbs and sidewalks for the installation of curbs, any required retaining
walls and landscaping as required.
Design
Perform site visits as required to become familiar with the project site.
Attend meetings as required.
Prepare a conceptual sidewalk layout plan which will establish a recommended route for the
pedestrian path location.
Amend conceptual layout plans based on comments from meetings held with the public and
Town Officials.
Prepare preliminary construction plans pursuant to accepted conceptual plans.
Upon approval of preliminary plans, prepare final construction drawings and specifications
suitable for the Town of New Castle to publicly bid this project.
Obtain New York State Department of Transportation (NYSDOT) permit for construction in
the R.O.W.
-1-

�Assist in the bidding and selection of the lowest responsible bidder.
Construction Administration
Inspect the project for compliance with plans, specifications and any permits from the
NYSDOT.
•

Review shop drawings as required.

•

Recommend approval of Contractor payment requisitions based on inspection ofthe project.

•

Approve any required Change Orders and related costs thereto.

•

Develop a final punch list for Contract completion.

•

Final close out of the Contract.

SECTION II - ADDITIONAL SERVICES OF THE ENGINEER
Any work not included in Section I of this Agreement will be paid for by CLIENT as indicated in
Section IV or as negotiated at a later date. Some of these items could include, but are not limited to
the following:
1. Services resulting from significant changes in general scope of the PROJECT or its design
including, but not limited to, changes in size, complexity, or character of construction.
2. Revising previously accepted design drawings when revisions are due to causes beyond
ENGINEER'S control.
3. Engineering reports, Environmental Impact studies or parts thereof, studies required by
authorities having jurisdiction, and not deemed to be apart of this Contract, i.e., traffic studies, etc.
SECTION III - PERIOD OF SERVICE
The services called for in the design of this PROJECT will commence upon authorizationtoproceed
from CLIENT.
-2-

�ENGINEER'S obligation to continue services herein will extend for a period which may reasonably
be required for the design, any extra work that might be nccessary and required extensions thereto.
If CLIENT has requested significant modifications or changes in the scope of the PROJECT, the
time of performance of ENGINEER'S services shall be adjusted appropriately.
SECTION IV - PAYMENT TO THE ENGINEER
Design Fees
Fees for the work described in Section I work will be $60,000.00. This work will be billed on a prorata ratio as the work progresses.
Construction Administration
A proposal for this work will be submitted after successful bidding of the work and prior to
construction start-up.
The ENGINEER shall submit monthly statements for Services rendered and for reimbursable
expenses incurred. The CLIENT shall pay the ENGINEER for additional services rendered under
Section II, if applicable, as follows:
1. Extra work required by the CLIENT will be negotiated and proposed fees will be approved by
CLIENT prior to extra work commencing. Fees for this work will be included in monthly
statements.
2. Additional services not negotiated but approved by the CLIENT as work required, payments
will be made on the basis of salary schedule attached. Fees will be included in monthly statements.
3. All reimbursable expenses such as the reproduction costs of drawings, specifications and
similar items a factor of 1.15.
4. The CLIENT shall pay all fees not generally considered to be engineering services.

-3-

�SECTION V - CLIENT'S RESPONSIBILITIES
Assist ENGINEER by placing at his disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction.
Give prompt notice to ENGINEER whenever CLIENT observes or otherwise becomes aware of any
development that affects the scope or timing of ENGINEER'S services.
Furnish, or direct ENGINEER to provide, necessary Additional Services as stipulated in Section II of
this Agreement or other services as required.
The CLIENT is responsible for paying any and all fees and any other costs not deemed included in
the Engineering fees as proposed herein.
Provide for all surveys as required including topographical and property line work.
Pay for all testing including equipment rentals and lab costs.
SECTION VI - GENERAL CONSIDERATIONS
Termination
This Agreement may be terminated by either party upon seven (7) days written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through no fault
of the terminating party.
Estimates of Costs
Since ENGINEER has no control over the cost of labor, materials or equipment, or over the
Contractor's methods of determining prices, or over competitive bidding, his opinions of probable
PROJECT cost are to be made on the basis of his experience and qualifications, and represent his
best judgment as a design professional familiar with the construction industry, but ENGINEER
cannot and does not
guarantee that construction cost will not varyfromopinions of probable cost prepared by Mm.
Reuse of Documents
All documents including Drawings and Specifications prepared by ENGINEER pursuant to this
Agreement are instruments of service in respect of the PROJECT. They are not intended or
represented to be suitable for reuse by CLIENT or others on extensions of the PROJECT or on any
other project
-4-

�Any reuse without written verification or adaptation by ENGINEER for the specific purposes
intended will be at CLIENT'S sole risk and without liability or legal exposure to ENGINEER; and
OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and
expenses including attorney's fees arising out of or resulting there from. Any such verification or
adaptation will entitle ENGINEER to further compensation of rates to be agreed upon by CLIENT
and ENGINEER.
Late Payment
If CLIENT fails to make any payment due ENGINEER for services and expenses within sixty days
after receipt of ENGINEER'S bill therefore, the amounts due ENGINEER shall include a charge at
the rate of 1.5% per month from said sixtieth day. The CLIENT shall
also pay for any legal fees the ENGINEER incurs in obtaining late or tardy payments.
Successors and Assigns
CLIENT and ENGINEER each binds himself and his partner, successors, executors, administrators,
and assigns to the other party of the Agreement and to the partners, successors, executors,
administrators and assigns of such other part, in respect to all covenants ofthe Agreement; except as
noted above, neither CLIENT nor ENGINEER shall assign, sublet or transfer his interest in this
Agreement without the written consent of the other.
Nothing herein shall be construed as creating any personal liability on the part ofany officer or agent
of any public body which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the CLIENT and the ENGINEER.

-5-

�It is agreed and understood that Hahn Engineering upon receiving a signed copy of this Proposal,
shall receive compensation for services as contained in the following schedule. Compensation for
these services shall be based on an hourly wage multiplied by an overhead and profit factory
(OH&amp;P) listed in the following table.
SALARY SCHEDULE

Salary $/Hr.
Principal

$175.00

Project Manager

$125.00

Chief Designer

$115.00

Project Engineer

$105.00

Engineer

$100.00

Technical/Inspector

$ 92.50

AutoCAD Operator

$ 92.50

-6

�Meeting Date:
Resolution #:

09/11/12
09/103/12

Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Adopt a Minority and Woman Owned Business Enterprises
Equal Employment Opportunity Policy Statement
WHEREAS, The Village of Sleepy Hollow will be soliciting bids for the Horseman Pier
Study Project; and
WHEREAS, To assure that the bid process is conducted fairly, The Village Board is
desirous of adopting an equal employment opportunity policy statement; and,
WHEREAS, The Village Board has reviewed the attached Minority and Woman Owned
Business Enterprises Equal Employment Opportunity Policy Statement and has found it
to be acceptable;
NOW, THEREFORE, BE IT RESOLVED that the Sleepy Hollow Board of Trustees
adopts the attached Minority and Woman Owned Business Enterprises Equal
Employment Opportunity Policy Statement for the Horseman Pier Study Project and
authorizes the Mayor to take any and all such steps as are necessary to effectuate the
intent of this resolution.
Moved: Trustee Campbell

Seconded: Trustee Lobato-Church

Absent: Deputy Mayor Wompa and Trustee Stupel

Vote: 4-0

�Appendix C - Attachment 4
(10 pages total)

FORMA
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES - E Q U A L
EMPLOYMENT OPPORTUNITY POLICY STATEMENT
M/WBE AND EEO POLICY STATEMENT
^ ^ W £
the (awardee/contractor)
f o l l o w , n u c l i d e s w i t h M o e c t to the project being developed or services rendered at agree to adopt the

This organization will and will cause its
M/WBE
(a) This organization will not discriminate
EEO
. ..
contractors and subcontractors to take good
against any employee or applicant for
farth actions to achieve the M/WBE contract participations goals set
by the State for that area in which the State-funded project is employment because of race, creed, color, national origin sex
age, disability or marital status, will undertake or continue existinq
located, by taking the following stepsprograms of affirmative action to ensure that minority group
members are afforded equal employment opportunities without
(1) Actively and affirmatively solicit bids for contracts and discrimination, and shall make and document its conscientious
subcontracts from qualified State certified MBEs or WBEs and active efforts to employ and utilize minority group members
including solicitations to M/WBE contractor associations
and women in its work force on state contracts.
(2) Request a list of State-certified M/WBEs from AGENCY
(b)This
organization shall state in all solicitation or advertisements
and solicit bids from them directly.
for employees that in the performance of the State contract all
Ensure
that
plans,
specifications,
request
for
proposals
(3)
and other documents used to secure bids will be made qualified applicants will be afforded equal employment
available in sufficient time for review by prospective opportunities without discrimination because of race creed color
national origin, sex disability or marital status.
M/WBEs.
(c)
At the request of the contracting agency, this organization
(4) Where feasible, divide the work into smaller portions to
enhanced participations by M/WBEs and encourage the shall request each employment agency, labor union or
formation of joint venture and other partnerships among authorized representative will not discriminate on the basis of
race, creed, color, national origin, sex, age, disability or marital
M/WBE contractors to enhance their participation.
(5) Document and maintain records of bid solicitation status and that such union or representative will affirmatively
including those to M/WBEs and the results thereof' S S r 1 6 i n &lt; h e i m p , e m e n t a t i o n o f t h i s organization's obligations
Contractor will also maintain records of actions that its
subcontractors have taken toward meeting M/WBE (d) Contractor shall comply with the provisions of the Human
Rights Law, all other State and Federal statutory and
contract participation goals.
constitutional non-discrimination provisions.
Contractor and
(6) Ensure that progress payments to M/WBEs are made on a subcontractors shall not discriminate against any employee or
timely basis so that undue financial hardship is avoided applicant for employment because of race, creed (religion) color
and that bonding and other credit requirements are waived sex, national origin, sexual orientation, military status' age'
? L T r o p m t e a , t e r n a t 'ves developed to encourage disability, predisposing genetic characteristic, marital status or
domestic violence victim status, and shall also follow the
M/WBE participation.
requirements of the Human Rights Law with regard to nondiscrimination on the basis of prior criminal conviction and prior
arrest.
(e) This organization will include the provisions of sections (a)
through (d) of this agreement in every subcontract in such a
manner that the requirements of the subdivisions will be binding
upon each subcontractor as to work in connection with the State
contract

Agreed to

Print:

\£JW€%

( ? .

\ki)

Title:

�Q
o^c,c,xo
(Name of Designated Liaison)

responsible for administering the Minority
Opportunity (M/WBE-EEO) program.

is designated as the Minority Business Enterprise Liaison

and Women-Owned Business Enterprises- Equal Employment

M/WBE Contract Goals
20% Minority and Women's Business Enterprise Participation
% Minority Business Enterprise Participation
% Women's Business Enterprise Participation

EEO Contract Goals
% Minority Labor Force Participation
% Female Labor Force Participation

(Authorized-Representative)

Date:

\\ ^ - L - o V L .

�Meeting date:
Resolution:

09/11/2012
09/100-A/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Fire Department Open House Day
Whereas, the Sleepy Hollow Fire Department is requesting permission for a street
closing to hold their "Annual Open House Day" to kick off National Fire Prevention
Week; and
Whereas, the annual open house day will be held on Sunday, October 7, 2012; and
Whereas, temporary closure of certain streets is necessary in order to safely facilitate
the event, and for traffic control.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Sleepy
Hollow hereby gives permission to close Beekman Avenue, from Lawrence Avenue to
North Broadway, on Sunday, October 7, 2012 from 10:00 AM to 2:00 PM, and
Be it further resolved that a copy of this resolution be forwarded to the Police and
Fire Department.
Moved: Trustee Lobato-Church

Second: Trustee Campbell

Vote: 4-0

�Fire Patrol Co. No. 1
Organized. 1876

William F. Ryan
Chief Engineer

Pocantico Hook &amp; Ladder Co. No.
Organized. 1878

Patrick S. Haggerty
1si- Assistant Chief

Rescue Hose Co. No. 1
Organized. 1887

John E. Korzelius
2 Assistant Chief

Union Hose Co. No. 2
Organized. 1887
Columbia Hose Co. No. 3
Organized. 1899

s t

n d

1876
More than a Legend
28 Beekman Avenue
Sleepy Hollow, New York 10591
Phone (914) 366-5119 • Fax (914) 332-1307
Email- sleepyhollowfire@villageofsleepyhollow.org

September 4, 2012
Mayor Kenneth G. Wray
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591
Dear Mayor Wray:
The Fire Department would like to hold its 2 nd Annual Open House Day on Sunday October 7, 2012 from
10AM to 2PM to kick off Fire Prevention week. Demonstrations to include vehicle extrication, window bailout,
burn barrel, hose lines and fire extinguishers.
I am respectfully requesting Beekman Avenue to be closed between Lawrence Avenue and North Broadway
throughout the event. If you have any questions or concerns please feel free to contact me at 914-522-7396.

Respectfully,

William F. Ryan
Chief Engineer

�Meeting date: 09/11/2012
Resolution:
09/100-A/2012
Resolution of the Board of Trustees Authorizing Block Party
Be It Resolved the Board of Trustees hereby authorizes the Farrington Avenue block
party on September 22, 2012 from 4:30 pm to 11:00 pm between Bellwood and
Monroe Avenues; and
Be It Further Resolved the Board of Trustees directs the Chief of Police to coordinate
the public safety issues with the applicants for the block party.
Moved: Trustee MacFarlane

Seconded: Trustee Carr

Absent: Deputy Mayor Wompa and Trustee Stupel

Vote: 4-0

�154 Farrington Ave,

Sleepy Hollow, NY 10591
914-631-1909

Village Clerk
Village of Sleepy Hollow
Beekman Ave.
Sleepy Hollow, NY 10591
Septembers, 2012

Re: Request for block party
To whom it may concern,
Neighbors of Farrington Avenue between Bellwood and Munroe would like
permission to close the street to car traffic for a block party on:
Saturday evening, September 22 nd from 4:30pm until 11pm
This would entail the town's delivery and pick-up of "horses'* to close each end of
the street.
Thank you for your consideration.
Sincerely,

Cynthia Ofer
Farrington Ave, Neighbors' representative

�Meeting date: 09/11/2012
Resolution:
09/100-A/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Appointing a Member for Recreation Advisory Committee.
The Board of Trustees hereby confirms the Mayor's appointment of Vishal Brown for a
term of 4 years, said term to end on March 31, 2016.
Moved: Trustee Campbell

Seconded:

Trustee MacFarlane

Absent: Deputy Mayor Wompa and Trustee Stupel

Vote: 4-0

�Meeting date: 09/11/2012
Resolution:
09/100-A/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Accepting Resignation
Whereas, Shelly Florence-Glover has tendered her resignation as Captain of the
ambulance Corp effective 9/06/2012;
Now, therefore be it resolved the Board of Trustees accepts the resignation of
Shelly Florence-Glover, with many thanks and appreciation.
Moved: Trustee Carr

Second: Trustee MacFarlane

Absent: Deputy Mayor Wompa and Trustee Stupel

Vote: 4-0

��Meeting date: 09/11/2012
Resolution:
09/100-A/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Confirming the Actions of the Ambulance Corps
Whereas, the Board of Trustees confirms the actions of the members of the
Ambulance Corps Officers for the 2012-2013 term pursuant to the attached
correspondence.
Moved: Trustee Campbell

Second: Trustee Lobato-Church Vote: 4-0

Absent: Trustee Stupel and Deputy Mayor Wompa

�September 10, 2012

Mayor Kenneth Wray
Village Of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591

Dear Mayor Wray and Board of Trustees:
On September 8, 2012, a special election was held at our Ambulance Corps headquarters to
elect new officers of the Sleepy Hollow Ambulance Corps. The newly elected officers are as
follows:
Captain/Chief: Edgar J Brennen 111-914-263-6281
1st Lieutenant: Shelley Robinson 914-479-7537 (Cell) 914-631-7028 (Home)
2nd Lieutenant: Sun Pak - 914-844-7818
3rd Lieutenant: Ryan Murray 914-564-1606
Chief Driver:

Manuel Cantillana - 347-203-1280

Secretary:

Elena Brennen - 914-263-6280

Treasurer:

Angela Martello - 914-262-1901

Thank you.
Respectfully Submitted,

Elena Brennen
Secretary

�Meeting
date:
Resolution:

09/11/2012
09/100-A/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Confirming Mayor's Appointment
Whereas, Christopher Scelza currently holds the position of Telephone Operator/Clerical
Class code #0202-01, and
Whereas, the Village Administrator has recommended a lateral transfer of Mr. Scelza to Civil
Service Job Class Code #0023-03, Secretary to Administrator to assist with Administrative tasks
for the Village Administrator.
Now, therefore, be it resolved the Board of Trustees confirms the Mayor's appointment of
Christopher Scelza to the position of Secretary to Administrator at an annual salary of
$37, 128.00 is hereby approved effective September 12, 2012, subject to any merit increase
pursuant to resolution 09/100/2012. Said appointment is subject to the approval of the
Westchester County Department of Human Resources and a probationary period of twelve to
fifty two weeks.
Moved: Trustee Lobato-Church

Seconded: Trustee Campbell

Absent: Trustee Stupel and Deputy Mayor Wompa

Vote: 4-0

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, September
11, 2012 at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Jennifer Lobato-Church
Barbara Carr
Bruce Campbell
Susan MacFarlane
Evelyn Stupel, Trustees

Also Present; Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel
Richard Gross (came in at 7:30pm)
At 7:10 p.m. Mayor Wray called the meeting to order with a pledge to the flag
and a moment of silence for Frances Kakfa, Frank Lester and for all 9/11 victims and
their families.
Public Hearing: Code Revisions
Mayor Wray opened the public hearing continuation and evoked the 5 minute rule.
The Clerk read the notice aloud for the record (see attached)
Mario Belanich of North Washington Street addressed the Mayor and the Board and asked
how the residents will be informed of the new changes in the Code.
Village Counsel explained that as the code is being worked on, the Library and the Village
Clerk's office have the old code and a summary version of the new code available.
It is also available on line.
Mayor Wray stated that all the changes and materials are available for anyone to review.
Village Counsel explained that, once completed, the State will review the format, not the
content, and there will be a 30 day period for anyone to challenge it before it is adopted.
Glenn Rosenblum of Sleepy Hollow and Chair of Planning Board addressed the Mayor and
the Board of Trustees and commented on the kids playing on the streets purposed
ordinance. He asked if the Board wants to have a village that will give summons to parents
playing catch on the streets with their children in front of their homes.
Mr. Rosenblum stated that it is inconvenient to drive around looking for safe places for the
children to play and urged the Board to raise the notion of common sense in this aspect.

�Jennifer Meves of Hunter Avenue addressed the Mayor and the Board and stated that she
recently moved into the neighborhood and thinks that it is great that kids are able to play on
the streets.
There were no further comments at this time.
Mayor Wray adjourned the Public Hearing until the next meeting.
Approval of Warrants:
Trustee Lobato- Church moved, seconded by Deputy Mayor Wompa to approve the warrant
as submitted and authorize the Treasurer to pay the bills in the total of $217, 300.82
Vote: 6-0
Mavor Announcements:
Mayor Wray announced the annual Swim-a-thon coming up at Kingsland Point Park on
Saturday the 15th. The PBA Basketball Tournament is taking place on September 15th at
Sykes Park at 11:00 am, and the Chilean Festival will take place on September 16th on Valley
Street. Anyone who wishes to be a blood donor may do so on Saturday the 15th at the
Senior Center; this is being sponsored by Phelps Memorial Hospital.
Trustee Reports:
Trustee Carr reported that the Finance Committee is currently working on capital projects.
Trustee McFarlane - reported that the after school program started last week and it is
filled to capacity, and there is a waiting list.
There will be Yoga Classes at the Senior Center on Saturdays starting September 29th and
Zumba Classes every Tuesday evening.
There will be a Chess Club for seniors and for kids starting October, 6th free of charge.
Additional information is available on our website.
The Park to Park days were successful and had approximately 200 to 300 people touring the
lighthouse. The upcoming Saturday for "swim across the Hudson" the GM path will be
opened again and there will be a pop up cafe sponsored by Finalmente Restaurant, at the
Bathhouse from 10am-3pm.
Trustee MacFarlane also stated that: "The park to park days brought to our attention that it
would be nice to extend the riverwalk". The Parks and Recreation committee will look into
funding for this purpose.
Movie night, the Princess Bride, is scheduled for September 22nd and rain date is the 26th.
Oktoberfest will take place at the Bathhouse on October 7th from 2pm-6pm, with a pop up
cafe sponsored by the Bridge View Tavern.
Trustee Campbell- reported that the annual haunted hayride and block party are scheduled
for three nights of rides. The committee is currently working on soliciting sponsorships and
the haunted hayride tickets will be available on our website soon.

�Deputy Mayor Wompa- reported that the Downtown Revitalization had a preliminary
conversation with a landscaper regarding the issues of the trees on Beekman Avenue's
sidewalks.
The Downtown Revitalization Committee will hold their annual Halloween party for the
children will take place on October 26th at Morse School.
Deputy Mayor Wompa encouraged business owners to apply for fagade grants which are still
available.
Trustee Stuoel- reported that court met on August 23rd, and 4 out of 21 cases were
resolved. September 27th will be the next court date. Inspections by the Building
Department are ongoing.
Trustee Lobato-Church - reported that Shelly Florence-Glover has resigned as Chief of the
Ambulance Corp and thanked her for all her work and dedication.
She also thanked Jay Brennen and everyone else for stepping in to assist and making a
smooth transition during this change.
The Police Advisory Committee will meet on September 24th.
The Public Health and Safety Committee will be meeting with the Police Chief to discuss
various issues. Police continues to enforce traffic safety efforts in school zones.
The Park to Park days and the Street Fair were very nice, well attended and thanked
everyone. The Friends of the Sleepy Hollow Light House continue to wait for an answer from
the Department of Education.
Trustee Carr asked about the state traffic study on Route 9 and Pierson Avenue.
Trustee Lobato-Church stated that NYS has not yet responded.
Administrator's Report: (see attached)
There was a brief discussion regarding Con Edison and the storage of their materials.
Public Comments:
Mayor Wray opened the meeting to the public and evoked the 5 minute rule.
There were no public comments at this time.
At 8:00 pm Deputy Mayor Wompa moved to go into Executive Session, seconded by Trustee
Stupel. It was unanimous.
At 8:40 pm, Trustee Campbell moved, seconded by Deputy Mayor Wompa to come out of
Executive Session. It was unanimous.
Mayor stated that personnel matters where discussed and votes were taken.
At 8:41pm Deputy Mayor Wompa and Trustee Stupel exited the meeting and did not return.
Resolutions:

(see attached)

�Old Business:
Trustee Lobato-Church addressed the Mayor and asked about the concept of having Board
Committees.
Mayor stated there are a few committees.
Village Counsel explained that committees have been in place since the 1940's, and every
year it may change depending on the board's needs.
Discussion ensued.
Trustee Campbell suggested that meeting sessions should be held in neighborhood locations
as previously and asked if the Board would want to do it again.
Discussion ensued.
Communications:
Village Clerk reminded the Board of Trustees about the upcoming North Tarrytown Alumni
Dinner Celebration.
At 9:07pm on motion by Trustee Carr, seconded by Trustee MacFarlane the meeting was
adjourned.

Respectfully submitted.

Paula A. McCarthy
Village Clerk

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                    <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,
September 4, 2012 at 7:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New
York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel
Barbara Carr

Trustees

Also Present: Anthony Giaccio, Village Administrator
Sara DiGiacomo, Village Treasurer
Rich Gross, General Foreman
Sean McCarthy, Village Architect
Anthony Bueti, Police Lieutenant
Rich D'lessandro, Police Sergeant
Mayor Wray called the work session to order at 7:05 p.m.
RENEW AUDITOR'S CONTRACT - Sara DiGiacomo recommended renewing a contract with
O'Connor Davies Munns &amp; Dobbins to complete the Village's annual audit.. Ms. DiGiacomo is
pleased with their performance and feels they are worthy of a contract extension for another year.
DPW/SANITATION RECOMMENDATIONS - Trustee Stupel made some recommendations
regarding the sanitation schedule and fees. The recommendations include having a trial period
for one day a week pick-up, charging a fee for bulk pick-up and charging a move-out fee.
Discussion ensued.
ROUTE 9 ENGINEER PROPOSAL - Mr. Giaccio recommended retaining engineer Jim Hahn
for the Route 9 Streetscape project. Mr. Hahn is very familiar with this project and helped to
complete the preliminary design.
MINORITY AND WOMAN OWNED BUSINESS POLICY - The Board reviewed a draft
policy for minority and woman owned businesses. The Board needs to set an equal employment
opportunity policy in order to be eligible to receive a grant for the Horseman Pier Study Project.
This grant requirement may also apply to future State grants. Discussion ensued.

�TRAFFIC PRESENTATION - Police Lieutenant, Anthony Bueti and Police Sergeant, Rich
D'lessandro made a presentation to the Board regarding traffic data they collected throughout the
Village. The Police Department uses a device called JAMAR that collects traffic data
inconspicuously. Discussion ensued.
FIRE DEPARTMENT OPEN HOUSE - The Board reviewed a request made by the fire
department to hold an open house on Sunday, October 7, 2012 from 10:00 to 2:00.
BATHHOUSE LEASE AGREEMENTS - The Board discussed the Kathryn W. Davis
bathhouse lease agreements. The Board discussed the idea of sending out new RFP's to see if
any other organizations are interested in renting out the space. Trustee Campbell was in favor of
this idea. Trustee MacFarlane requested a copy of last year's RFP.
OKTOBERFEST - Trustee MacFarlane announced that there will be an Oktoberfest at the
Kingsland Point Park bathhouse on Saturday, October 6, 2012 from 2:00-6:00.

At 9:15pm the meeting was adjourned
Respectfully submitted,
1
ftp
Anthony Giaccio
Village Administrator

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                    <text>Meeting date: 08/21/2012
Resolution*: 08/99/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing
Village Attorney to Defend Complaint
Whereas, the Village of Sleepy Hollow, together with officials and agents, has
been served with a petition concerning lawsuits regarding a Zoning Board of Appeals
decision made on or about May 16, 2012, and
Whereas, The Village Attorney's retainer agreement with the Village authorizes
her to defend such complaints,
Now, therefore, be it resolved the Board of Trustees hereby directs the
Village Attorney to defend the Village pursuant to Counsel's retainer agreement with the
Village dated 05/26/2009.
Moved; Deputy Mayor Wompa

Seconded; Trustee Stupel

Vote: 5-0

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, August 21,
2012, Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel, Trustees

Absent:

Barbara Carr, Trustee

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Gregory Camp, Police Chief
At 7:15 p.m. Mayor Wray called the meeting to order with a pledge to the flag.
Public Hearing; Code Revision
Mayor Wray opened the public hearing and evoked the 5 minute rule.
The Clerk read the notice aloud for the record (see attached)
There were no public comments at this time.
There was a brief discussion amongst the Board of Trustees regarding restaurants
setting up tables on the sidewalks.
Village Attorney suggested this may be a separate discussion in the future.
Mayor Wray adjourned the Public Hearing at this time.
Approval of Warrants:
Trustee Campbell moved, seconded by Deputy Mayor Wompa to approve the warrant as
submitted, and authorize the Treasurer to pay the bills in the total of $27, 400.26
Vote: 5-0
Approval of Minutes:
Deputy Mayor Wompa moved, seconded by Trustee Lobato-Church to approve the minutes
of 8/14/2012. Vote: 5-0

�Mavor Announcements:
Mayor Wray reminded everyone there will be no meeting next week.
Mayor congratulated and thanked Richard Gross and Doug DiCairano for 30 years of service
and Ms. Filomena Falaccaro for 59 years of service to the Village.
Trustee Reports:
Trustee MacFarlane - reported that the second Park to Park days was a big success.
There were more people this time and a lot of light house tours; it was a nice day.
The last day is scheduled for September 9th. No incidents were reported.
The water is back at Kingsland Park, and will be opening up the bathhouse and
looking to line up a pop up cafe-restaurant so people can enjoy refreshments.
There is a pop-up cafe already scheduled at the bathhouse for September 15th.
In response to a previous request from a resident to install a permanent restroom at Sykes
Park; the parks and recreation committee did a feasibility study, obtained public comments
and got an estimate of the cost. The cost estimates were between $150,000. and $250,000.
The committee discussed this and did not recommend it this time. There wasn't that much
interest from the public in that area; it's a small park and the committee cannot justify the
expenditure. There is a portable toilet in that park.
Trustee Campbell -The Communications committee met with Jim Santo of NetSoft
Solutions to discuss new designs and streamlining our website to be easier to access
information. An electronic community board outside of Village Hall was suggested and three
different proposals will be discussed and presented to the board in the future.
Halloween is around the corner and we're looking for sponsorships.
Deputy Mavor Worn pa - reported that she had a conversation with a local landscapers
about doing tree wells work on Beekman Avenue. The Downtown Revitalization Corp will be
speaking to Sara about capital budget funding for sidewalk improvements.
The employee handbook discussion has been put on hold until after Labor Day.
Grants are still available for business owners wanted to do fagade improvements.
Trustee Stupel - Court resumes this Thursday, August 23rd.
The water sprinklers at the parks will be turned off in mid September but the bathrooms
remain opened.
Sidewalk repairs are being done in front of the VanTassell building and in front of
St. Teresa's Church. There will be a master plan in the next few weeks for sidewalk repairs
and tree replacements in the Village.
There will be no garbage pick up on Labor Day, September 3rd. The entire Village will be
picked up on the 4th.
Trustee Jennifer Lobato-Church - Had nothing to report at this time.
Administrator's Report - See attached

�Public Comments:
Mayor opened the meeting and evoked the 5 minute rule.
Carlos Mueller of 95 Beekman Avenue addressed the Mayor and the Board of Trustees and
expressed much concern about the behavior of two bull dogs residing at 39 Elm Street.
He expressed concern that the owners of these dogs are irresponsible and the dogs are often
unleashed, there is no gate to corral the dogs and there have been two attacks by these
dogs. He stated that the dogs are a nuisance, and he asked that serious measures be taken.
Mayor Wray stated this is a serious issue and asked that Mr. Giaccio, Ms. Gandolfo and Chief
Camp to address this concern immediately.
A brief discussion ensued.
There were no further comments at this time.
Resolutions:

(see attached)

Old Business:
Trustee MacFarlane asked about an oil leak on the Hudson River that was previously
discussed.
Mr. Giaccio said that the DEC and the County were contacted. The County states that the oil
leak is coming from an old asphalt plant. Mr. Giaccio disagrees with this because the leak is
very consistent and believes the leak is coming from an underwater pipe.
Mr. Giaccio sent photos to the DEC and still has not received their response.
Trustee MacFarlane also asked about the Ichabods Landing bulk head problem and
Mr.Giaccio responded. The Village received proposals for repair about 30 feet of the bulk
head and to fix the sink hole. However, after meeting with Village staff it is believed that the
entire bulk head is failing and these repairs may be only temporary. Mr. Giaccio recommends
further studies and has asked Village engineer to send out an RFP for this purpose.
Trustee MacFarlane is concerned about the capital budged and the winter time.
Discussion ensued.
New Business:
Trustee MacFarlane discussed with the Recreation Committee and advised that Kingsland
Point Park is in need of repair to the fields.
Discussion ensued.
Trustee Lobato-Church asked Mr. Giaccio to follow up on previous traffic issues.
She also inquired about vendor contracts.
Deputy Mayor Worn pa suggested that the contracts should be discussed in executive session.

�At 8:11 pm on a motion by Trustee Campbell, seconded by Deputy Mayor Wompa the
meeting was adjourned.
Respectfully submitted,
/

Paula A. McCarthy
Village Clerk

/

�8

�VILLAGE OF SLEEPY HOLLOW
NOTICE OF PUBLIC HEARING
ON PROPOSED LOCAL LAW

PLEASE TAKE NOTICE that, for the purpose of adopting a codification of the local laws,
ordinances and certain resolutions of the Village of Sleepy Hollow, said codification to be known
as the "Code of the Village of Sleepy Hollow," a continuation of the public hearing will be held
by the Board of Trustees at Village Hall, 28 Beekman Avenue in the Village of Sleepy Hollow,
on
the 21th day of August 2012, at 7:00 p.m. or shortly thereafter, originally set for Tuesday, the
m
10 day of July, 2012, at 7 p.m.; to consider the enactment of the proposed local law described
and summarized below:
PROPOSED LOCAL L A W NO.

-2012

A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS,
ORDINANCES AND CERTAIN RESOLUTIONS OF THE VILLAGE OF SLEEPY HOLLOW
INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF
SLEEPY HOLLOW"
This local law:
(1)

States the legislative intent of the Board of Trustees in adopting the Code.

(2)

Provides for the designation of the local laws, ordinances and certain resolutions of
the Village of Sleepy Hollow as the "Code of the Village of Sleepy Hollow."

(3)

Repeals local laws and ordinances of a general and permanent nature not included in
the Code, except as provided.

(4)

Saves from repeal certain local laws and ordinances and designates certain matters
not affected by repeal.

(5)

Retains the meaning and intent of previously adopted legislation.

(6)

Provides for the filing of a copy of the Code in the Village Clerk's office.

(7)

Provides for certain changes in or additions to the Code.

(8)

Prescribes the manner in which amendments and new legislation are to be
incorporated into the Code.

(9)

Requires that Code books be kept up-to-date.

(10)

Provides for the sale of Code books by the village and the supplementation thereof.

(11)

Prohibits tampering with Code books, with offenses punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both.

(12)

Establishes severability provisions with respect to the Code generally.

�(13)

Provides that the local law will be included in the Code as Chapter 1, Article I.

(14)

Adopts the "Code of the Village of Sleepy Hollow," the Table of Contents of which
is as follows:
TABLE OF CONTENTS
PART I: ADMINISTRATIVE LEGISLATION

I.

General Provisions

5.

Administrator

9.

Architectural Review Board

II.

Architecture, Land Use Development, Buildings and Building Compliance,
Department of

23.

Defense and Indemnification

27.

Disciplinary Hearings

34.

Ethics, Code of

71.

Police, Auxiliary

80.

Records, Public Access to

83.

Recreation Commission

87.

Residency Requirements

PART I I : GENERAL LEGISLATION

110.

Alarm Systems

114.

Alcoholic Beverages

119.

Amusement Devices

123.

Animals

135.

Bicycles, In-Line Skates and Skateboards

139.

Boardinghouses

145.

Building Construction

148.

Buildings, Demolition of

151.

Buildings, Numbering of

167.

Dance Halls and Dancing

175.

Dumpsters

182.

Electrical Standards

190.

Excavation, Filling and Topsoil Removal

193.

Explosives and Blasting

200.

Fees

�208,

Filming

216.

Fishing

220.

Flood Damage Prevention

225.

Gardeners

229.

Gasoline Stations

234.

Graffiti

240.

Handbills and Posters

245.

Housing Standards

251.

Industrial Facilities

259.

Laundries and Car Washes

263.

Littering

268.

Public Gatherings

272.

Noise

276.

Notification of Defects

280.

Nuisances

295.

Parks and Recreation Areas

299.

Peddling and Soliciting

304.

Plumbers

310.

Property Maintenance

319.

Residential Occupancy Restrictions

326.

Sewer Rents

330.

Sewers

338.

Signs

342.

Slaughterhouses and Fat-Rendering Establishments

347.

Solid Waste

353.

Storm Sewers

358.

Stormwater Management and Erosion and Sediment Control

362.

Streets and Sidewalks

367.

Tattooing

370.

Taxation

373.

Taxicabs

377.

Telecommunications Franchises

385.

Trees

400.

Vehicles and Traffic

405.

Vehicles, Recreational

�411.

Water

414.

Waterfront Consistency Review

418.

Wetl ands and Watercourses

PART I I I : LAND USE LEGISLATION

425.

Subdivision of Land

450.

Zoning

Copies of the local law described above and of the Code proposed for adoption thereby are on file
in the office of the Village Clerk of the Village of Sleepy Hollow, where the same are available
for public inspection during regular office hours from 8:30 am to 4:30 pm and on the Village
website at www.sleepvhollowny.gov
PLEASE TAKE FURTHER NOTICE that all interested persons will be given an opportunity
to be heard on said proposed local law at the place and time aforesaid.
Village Hall is accessible to the handicapped.
NOTICE IS HEREBY GIVEN, pursuant to the requirements of the Open Meetings Law of the
State of New York, that the Board of Trustees of the Village of Sleepy Hollow will convene in
public meeting at the place and time aforesaid for the purpose of conducting a public hearing on
the proposed local law described above and, as deemed advisable by said Board, taking action on
the enactment of said local law.
DATED: July 24, 2012
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF SLEEPY HOLLOW
Paula A. McCarthy
Village Clerk

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                    <text>Meeting Date:
Resolution #:

08/14/2012
08/90/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow to
Retain an Independent Hearing Examiner
Whereas, the Board of Trustees has directed Sgt. Thomas Eaton, a
member of the police department, to submit to an examination by an Independent
Medical Examiner (IME) regarding his "207-C" benefits; and
Whereas, the officer is disputing the findings of the Village's IME and
therefore, has the right to contest the findings at a hearing pursuant to the
collective bargaining agreement between the Police Benevolent Association and
the Village before an independent hearing examiner;
Now, therefore, be it resolved, upon the recommendation of the
Village's Labor Attorney, the Board of Trustees hereby retains the services of
Robert W. McGuigan to serve as the independent hearing examiner to hear and
consider the facts regarding the officer's "207-C" claim and report to the Board of
Trustees his findings regarding same; and
Be it further resolved, the hearing officer shall be paid $1,000 per day for
hearing dates and preparation of decision.
Moved:

Trustee MacFarlane

Seconded:

Trustee Wompa

Vote:

5-0

�Meeting date: 08/14/2012
Resolution*: 08/91/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing
Village Attorney to Defend Complaints
Whereas, the Village of Sleepy Hollow, together with officials and agents, has
been served with two (2) petitions concerning lawsuits regarding a Zoning Board of
Appeals decision made on or about May 16, 2012, and
Whereas, The Village Attorney's retainer agreement with the Village authorizes
her to defend such complaints.
Now, therefore, be it resolved the Board of Trustees hereby directs the
Village Attorney to defend the Village pursuant to Counsel's retainer agreement with the
Village dated 05/26/2009.
Moved: Trustee Campbell

Seconded: Trustee Lobato-Church

Vote: 5-0

�Meeting Date: 08/14/2012
Resolution #: 08/92/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Accepting a Proposal for Research and Development of a
Multi-Hazard Mitigation Plan
WHEREAS, on May 30, 2012 the Village publicized a Request for Proposal to solicit
bids for the research and development of a multi-hazard mitigation plan; and
WHEREAS, four proposals were received and Cashin Associates of Hauppauge, NY was
identified as the low bidder in the amount of $32,000; and
WHEREAS, the Village Administrator has checked references for Cashin Associates and
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 Cashin Associates for the research and development of a multi-hazard mitigation
plan in the amount of $32,000 and authorizes the Mayor to take any and all such steps
as are necessary to effectuate the intent of this resolution.
Moved: Trustee Campbell

Seconded: Trustee Lobato-Church

Vote: 5-0

�Meeting Date:
Resolution #:

08/14/2012
08/93/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving
License Agreement at 48 Hemlock Drive
WHEREAS, on IMarch 28, 2003 the Village and Stephan Pakola entered into a license
agreement relating to the construction of stone walls at the premises located at 48
Hemlock Drive, and
WHEREAS, the License Agreement set forth the respective rights and obligations of
the parties relating to the portion of the stone walls located on the Village right of way;
and
WHEREAS, the License Agreement was never assigned to new property owners upon
transfer of the property title; and
WHEREAS, the Village and the current owners of the premises desire to restate and
affirm the rights and obligations of the parties respecting the portion of the stone walls
that are on the Village right of way;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow herby authorizes the Mayor to enter into the attached license agreement
with Eric Engelhardt and Kristine Engelhardt to maintain the portion of stone walls
located on the Village right of way.
Moved: Deputy Mayor Wompa

Seconded: Trustee Campbell

Vote: 5-0

�AGREEMENT
This Agreement, m a d e this

day of June, 2012, by and between the

V I L L A G E O F S L E E P Y H O L L O W , a municipal corporation
of the State of N e w York, having offices at 28 Beekman
Avenue, Sleepy Hollow, N Y 10591 (hereinafter referred to as
the "Village"), and
ERIC E N G E L H A R D T and K R I S T I N E E N G E L H A R D T , residing
at 48 Hemlock Drive, Sleepy Hollow, N Y 10591 (hereinafter
referred to as "Licensee").
WITNESSETH
W H E R E A S , the Village and Stephen Pakola, Licensee's predecessor in interest to the
premises located at 48 Hemlock Drive, Sleepy Hollow, N Y 10591 (hereinafter referred to as the
"Premises")entered into a license agreement, dated March 28, 2 0 0 3 ( H E R E I N A F T E R
R E F E R R E D TO A S T H E "License Agreement")relating to a stone wall located in front of the
Premises; and
W H E R E A S , the License Agreement set forth the respective rights and obligations of the
parties relating to the portion of the stonewall that is located on a Village right of way; and
W H E R E A S , the License Agreement was never assigned to Licensee when Licensee
became o w n e r of the Premises; and
W H E R E A S , the Village and Licensee wish to restate and affirm the rights and
obligations of the parties respecting the portion of the stone wall that is located on a Village right
of way;
N O W T H E R E F O R E , the Village and Licensee agree as follows;
I.

The Village hereby grants a revocable license to the Licensee to use the existing

Village right of way located in front of 48 Hemlock Drive, Sleepy Hollow, N Y 10591, and
more specifically set forth in the annexed survey dated N o v e m b e r 4, 2002, for the purpose of
maintaining the stone wall, subject to and in accordance with all the terms and conditions of this
agreement.
2.

f h i s A g r e e m e n t shall c o m m e n c e on the date above first written and shall

terminate thirty (30) years from the date that this agreement is signed, subject to the provisions
hereof.

�3.

I he modidcation of the existing stone wall by the Licensee, or any structural

changes to the stone wall, shall be subject to the previous written approval of the Village.
4.
It is understood and agreed that the Village does not guarantee Licensee the
exclusive use of the property.
5.

The Licensee shall be solely responsible for the costs of maintenance of the stone

wall. The Licensee shall be responsible for the safety and security of the stone wall. T h e
Licensee shall at all times c o m p l y with all applicable laws, rules, and regulations governing the
stone wall.
6.
The Licensee shall, at Licensee's cost and expense maintain the stone wall and its
immediate surrounding area in a neat and clean condition.
7.

The Licensee shall defend, indemnify and hold the Village, its boards,

commissions, officials, employees and agents free and harmless from and against any and all
suits, proceedings, claims, damages, liabilities, d e m a n d s , costs and expenses (including
reasonable attorney's fees) arising out of or related to the stone wall or Licensee's use of
Village property under this agreement.
8.
9.

Intentionally left blank.
This A g r e e m e n t may not be assigned or subcontracted by the Village or Licensee

without the prior written consent of the other, except that Licensee may assign this agreement to
a subsequent purchaser of the Premises, and such assignment shall be effective upon receipt
thereof by the Village.
10.

The Village may upon notice in writing terminate this Agreement and revoke the

license without liability whenever it deems revocation to be in the best interests of the Village.
11.

In the event the Village decides to terminate the agreement, then upon notice to

the Licen.see, the Licensee shall within the set forth in said notice remove the stone wall.
12.

Licensee acknowledges that a portion of the stone wall was constructed a b o v e a

Village utility right of way. Upon notice by the Village to Licensee, Licensee shall remove any
portion of the stone wall at the request of the Village necessary to repair, maintain and/or
construct within the easement.

�13.

Upon the a b a n d o n m e n t of the stone wall or in the event the stone wall enters into

a state of disrepair, because of lack of care. Licensee or it's assignees shall remove the stone
wall upon notice from the Village.
14.

The granting of this license shall not confirm any right or claim against the

Village.
15.

Nothing herein shall be construed to m a k e either party the agent or co-venturer

with the other. This agreement shall not be construed as a lease or imply any landlord-tenant
relationship.
IN W I T N E S S W H E R E O F , this A g r e e m e n t has been duly executed the date and year first
above written.
VILLAGEjbF SLEEPY.HOLLOW
By:
Kenneth Wray, Mayo,

ERIC E N G E L H A R D T

KRISTINE ENGELHARDT

�R E Q U E S r FOR C O N S E N T l O A S S I G N M E N T
E R I C E N G E L H A R D T and K R I S T I N E E N G E E H A R D T , residing at 48 Hemlock Drive,
Sleepy Hollow, N Y 10591 as Licensees under an Agreement with the V I L L A G E O F S L E E P Y
FIOLLOW. dated June

, 2012, hereby request consent to assign their rights, duties, and

obligations as Licensees under said A g r e e m e n t to M A T T H E W S I M M O N S and J A C L Y N
S I M M O N S , currently residing at 108 West 87"" Street, N e w York, N Y 10024, which Assignment
shall be effective as of the date of transfer of title to 48 Hemlock Drive, Sleepy Flollow, N Y
10591.
Dated: June

,2012

ERIC E N G E L H A R D T

KRISTINE E N G E L H A R D T

VILLAGE OF SLEEPY HOLLOW
HEREBY CONSENTS TO THE ASSIGNMENT
SET F O R T H A B O V E
VILLAGE OF SLEEPY HOLLOW

By:
Kenneth Wray, Mayor

,

�Meeting Date:
Resolution #:

08/14/2012
08/94/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving
the Action of the Fire Chief
Whereas, the Board of Fire Wardens of the Sleepy Hollow Fire Department authorized
the Fire Chief to accept applications to join the Fire Department during the months of
July and August and;
Whereas, the Fire Chief accepted the application of Steven Bencosme as an active
member of the Fire Department riding with Columbia Hose Co. No. 3;
Now, therefore, be it resolved that the Board of Trustees of the Village of Sleepy
Hollow concurs with the recommendation of the Fire Chief to accept the application of
Steven Bencsome as an active member with Columbia Hose Co. No. 3 and;
Be it further resolved the Board of Trustees directs the Village Clerk to notify the Fire
Chief in writing of this resolution.
Moved: Trustee Stupel

Second: Trustee Lobato-Church

Vote: 5-0

�£ 5

Skepy yfoSow Tire (Department
Fire Patrol Co. No. I
Organized. 1876

William F. Ryan
Chief Engineer

Pocantico Hook &amp; Ladder Co. No.
Organized. 1878

Patrick S. Haggerty
Assistant Chief

Rescue Hose Co. No. 1
Organized. 1887

John E. Korzelius
Assistant Chief

Union Hose Co. No. 2
Organized. 1887
Columbia Hose Co. No. 3
Organized. 1899

1876
More than a Legend

28 Beekman Avenue
Sleepy Hollow, New York 10591
Phone (914) 366-5119 • Fax (914) 332-1307
Email- sleepyhollowflre@villageofsleepyhollow.org

8/1/2012
Mayor Kenneth G. Wray
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591
Mayor Wray:
This letter is being sent to officially notify the Sleepy Hollow Board of Trustees of a personnel action taken by
Chief Engineer William F. Ryan.
The Chief was notified on July SI®'that the following person was accepted to the Department.
Steven Bencosme - Columbia Hose Co. No. 3

The Chief requests that the Board approve the above membership.

Respectfully,
Christopher G. Scelza
Fire Dept. Administrator

Cc: Board of Trustees
Village Administrator
Village Clerk

«

�Meeting Date: 08/14/2012
Resolution #: 08/95/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Building Department Fees for AECOM
Whereas, AECOM has contracted witli tine Gillette Corporation to undergo an
environmental clean-up of certain properties located within the Village of Sleepy Hollow
which have been designated by the NYS Department of Environmental Conservation;
and
Whereas, the Village would customarily impose a tree removal permit fee and CO fee
on a contractor for the type of work to be conducted; and
Whereas, it has been determined by the Building Department that the work to be
conducted on the properties to be cleaned up will necessitate the filing of similar
applications for review for all the properties.
Now, therefore be it resolved, the Board of Trustees hereby agrees to waive the
payment of tree permit fees and certificate of occupancy fees regarding the clean-up of
the properties identified by AECOM for the clean-up project referred to herein; and
Be it further resolved, the Board of Trustees hereby agrees to waive the standard
building permit fee and impose a $450.00 fee per application identified herein; and
Be it further resolved, in the event AECOM desires to have expedited inspections
for any or all of the permit applications herein, AECOM agrees to maintain the sum of
$2,500 in a Village escrow account for this service.
Moved: Trustee Lobato-Church

Seconded: Trustee Stupel

Vote: 5-0

�Meeting Date: 08/14/2012
Resolution #: 08/96/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Approving a Request for the Immaculate Conception Church Fall Festival
BE IT RESOLVED that the IMayor and Board of Trustees of the Village of Sleepy
Hollow approve a request made by the Immaculate Conception Church to have a Fall
Festival on September
8^
,
and
from 6:00 p.m. to 10:00 p.m.
BE IT FURTHER RESOLVED that the Mayor and the Board of Trustees approve the
closing of Depeyster Street between Broadway and Washington Street during this
festive celebration.
Moved: Trustee Campbell

Seconded: Trustee Lobato-Church

Vote: 5-0

�IMMACULATE

CQNCEPTION

199 North Broadway
SLEEt^Y HDLLOW N.Y I D S g i
Tel:

(9 14) B3

CHURCH

1-a44B

Fax: (9 1 4) 63 1-4 1 57

Highway Department of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow ,N.Y. 10591

August 3rd 2012

To whom it may concern

Immaculate conception church is asking for your permission to advertise our upcoming
bazaar on your community bulletin board

This year's event will be held 6 nights starting at 6 P.M. till 10 P.M. on
September
9th and the following weekend of September 14'^ 15th, &amp; 16"

Thank you in advance for granting your permission.

Sincerely
Joseph Ippolito
Bazaar Co-Chairman
212-274-1200

�Meeting Date: 08/14/2012
Resolution #: 08/97/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Approving a Request for the Chilean Independence Day Celebration
BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow
approve a request made by Laurentino Rodrigues of Sleepy Hollow, NY to hold an annual
Chilean Independence Day Celebration on Sunday, September 16, 2012 from 10:00 a.m. to
7:00 pm.
BE IT FURTHER RESOLVED that the Mayor and the Board of Trustees approve the closing of
Valley Street between Chestnut Street and Depeyster Street during this festive celebration.
Moved: Trustee MacFarlane

Seconded: Deputy Mayor Wompa

Vote: 5-0

�L a u r e n t i n o

^ d r i g u e s

180 l^aHey Street # 1
SkepyHoOow,
914-631-3336

m^10591
914-906-8701

August 2, 2012
TO:

Mayor and trustees, Police and Fire Department of
Village of Sleepy Hollow
New York

On behave of the my merchants of 180 and 185 Valley Street, I am writing you in
request that September 16. 2012 from 10:00 am to 7:00 pm that the corner of Chestnut and
Valley Street to the corner of Depyster and Valley Street be closed.
For the past few years, they have requested that Valley Street be closed for the Chilean
Independence Day. There will be food for all of the community, as well as Chilean festive
music, just as they did all of the other years. I have also given them permission to us my lower
lever parking lot (183 Valley Street) for a music band to play for all to dance and enjoy the
wonderful day. They are requesting that that parking lot stays open from 10:00am to about
7:00pm for lots of fun music and Chilean dancing.
This is a very important day for the Chilean people in the Sleepy Hollow community.
And it would be highly appreciated that they get your approval for this street festival to
happen.
If you have any questions please feel free to call / respond me at the above address/ number.
Thank y o u j i e f y ^ u c h p d havf a wonderful day.
Sine
Larry Rodriguez
914-906-8701

�Meeting Date: 08/14/2012
Resolution #: 08/98/2012
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Hiring Seasonal Parks Attendant
WHEREAS, a need for an additional seasonal Parks Security Staff is necessary due to
the resignation of two seasonal staff members; and
WHEREAS, in order to maintain safety of visitors and to staff the Kingsland Point Park
booth, this position should be filled as quickly as possible; and
WHEREAS, Jonathan McRae of Ossining NY, has applied for this position; and
WHEREAS, the Chief of Police has recommended that Jonathan McRae be hired on a
seasonal basis to fill this position;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow hereby approves that Jonathan McRae be hired on a seasonal basis to
work as seasonal Parks Security Staff for the Village of Sleepy Hollow at a salar/ rate of
$12.00 per hour effective August 10'^ 2012.
Moved: Deputy Mayor Wompa

Seconded: Trustee Stupel

Vote: 5-0

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, August 14,
2012, Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane
Evelyn Stupel, Trustees

Absent:

Barbara Carr, Trustees

Also Present: Paula A. McCarthy, Village Clerk
Sean E. McCarthy, Village Building Inspector
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Gregory Camp, Police Chief
Christopher Scelza, Finance Dept.
At 7: 04 p.m. the Mayor called the meeting to order with a pledge to the flag.
Mayor Wray asked for a moment of silence for James Chula, former Fire Chief and long life
resident, Jennie Hennessey lifelong resident, and Anna Guastella, sister of Officer Lombardi.
Public Hearing: Code Revision
Mayor opened the public hearing and evoked the 5 minute rule.
The Clerk read the notice aloud for the record (see attached)
Mario Belanich of North Washington St. addressed the Mayor and the Board of Trustees
and commented that the public hearing should stay opened and the Board should wait until
everything is completed.
Mayor Wray stated that the revisions and proposed changes have been posted on the
village's website, and the Board of Trustees will continue to consider all comments from the
public.
Trustee Lobato-Church stated that the Board of Trustees is not finished with the proposed
changes.
Village Attorney, Janet Gandolfo, stated that once the Public Hearing is closed, the Village
has 60 days to adopt the proposed laws.
Deputy Mayor Wompa stated that the proposed Volume II has not been discussed in public.
There were no further comments at this time.

�Mayor Wray adjourned the Public Hearing.

Approval of Warrants:
Trustee MacFarlane moved, seconded by Trustee Lobato-Church to approve the warrant of
$601,734.07 Vote: 5-0
Discussion ensued regarding water balloons and signage at Barnhart Park.
Approval of Minutes:
Trustee MacFarlane moved, seconded by Trustee Lobato-Church to approve the Minutes of
July 24, and July 31, 2012. Trustee Stupel abstained. Vote; 4-0
Mavor announcements:
Mayor Wray stated that the Warner Library is conducting a Literacy Volunteers of the
Tarrytowns ESL Tutor Training Workshop to begin on September 22 at 9:00 am and will
continue for 5 Saturdays.
Mayor Wray explained that a recent sewage line break was in Tarrytown, but the release was
in Sleepy Hollow. Discussion ensued.
Mayor announced that Jordan Rapp of Tarrytown was the winner of the Ironman race.
Trustee Reports:
Trustee MacFarlane: reported that the "Park to Park Days" on August 12th had a steady
stream of people walking between the parks. She stated that people seemed to appreciate
being able to walk along the Hudson. There were no injuries reported.
Trustee MacFarlane also reported that the first recreation committee meeting has taken place
and many good ideas were suggested from the new members; such as chess games for kids
and Yoga and Zumba classes to take place at the senior center.
Trustee Campbell - reported a list of sponsors for last year's Halloween has been put
together with hopes to solicit these sponsors again for this year.
Trustee Campbell also reported that he will start doing the highlight synopsis of the Board
meetings again, as he has done in the past immediately after every meeting.
Deputy Mavor Worn pa - Nothing to report.
Trustee Stupel - reported that safe housing court met on July 19th and will meet again on
August 23 to hear 21 cases. Inspections by the Building Department are ongoing.
DPW Report: Trustee Stupel stated that sidewalks and trees on Beekman Avenue are being
looked at for safety reasons.
Paving will be done on Freemont Road, Cortlandt Street and Depeyster Street.

�Planting around the Headless Horsemen Statue is completed.
Repairs to a sink hole are completed on North Washington Street. Discussion ensued.
Mayor Wray stated that he would like a report regarding the dangerous trees and wants
the input of the General Foreman, Building Inspector and Village Attorney.
Richie Gross - stated that he will draw up a master plan for the sidewalks on Beekman
Avenue.
Trustee Jennifer Lobato-Church - stated that some areas on Beekman Avenue need to be
repaired immediately due to recent injuries.
Trustee Jennifer Lobato-Church: reported that the design for the new fire truck has
been completed and the truck should be delivered by Halloween.
The Fire Department will be updating their code of conducts laws.
The Public Health and Safety Committee met with Shelley Florence-Glover to discuss setting
up a crisis hotline for the Ambulance Corp members. The ambulance building is being worked
on. Trustee Lobato-Church also reported setting up a non-for profit entity to raise funds to
restore light house. In addition, she stated she will be meeting with Sean McCarthy to
discuss if its feasible to build a sidewalk from Phelps Hospital to Kendal on Hudson.
Administrator's Report:
Resolutions:

See attached.

(see attached)

Old Business:
Trustee Campbell asked about the Con Edison project taking place in the Manor.
Discussion ensued regarding the storage of the contractor's container on DeVries Avenue and
other areas in the Manor. Mayor instructed Mr. McCarthy to follow up with the contractor
who is responsible for the job and no storing of any materials will be allowed in at DeVries
Park.
New Business:
Trustee MacFarlane asked what the process of hiring new staff is.
Village Clerk explained.
Communications:
Village Clerk announced a "save the date" event from the County Executive's office
for September 11th at the Rising in Kensico Dam Plaza.
The North Tarrytown High School Alumni Association will hold their 10th Reunion celebration
on September 22, 2012. Mayor and Board members are invited.
The movie "Why Stop Now" filmed in parts of Sleepy Hollow in the summer of 2011, starting
Tracy Morgan and Jesse Eisenberg, will open in theaters on August 17th.
Public Comments:

�Mayor opened the meeting to the public and evoked the 5 minute rule:
There were no comments.
At 8:25 pm, on a motion by Trustee Campbell, seconded by Trustee Lobato-Church the
meeting was adjourned.

Respectfully submitted,

a A. McCarthy
Village Clerk

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                    <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 31, 2012 at 7:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Karin Wompa
Bruce Campbell
Jennifer Lobato-Church
Susan MacFarlane

Trustees

Evelyn Stupel (Absent)
Barbara Carr (Absent)
Also Present: Anthony Giaccio, Village Administrator
Rich Gross, General Foreman
Greg Camp, Police Chief
Janet Gandolfo, Village Attorney
Mayor Wray called the work session to order at 7:15 p.m.
VILLAGE ENGINEER - Dolph Rotfeld updated the Board on some ongoing water projects.
The Greenburgh emergency inter-connection is completed and is awaiting approval from the
County Health Department. The ultra-violet treatment plant is in the design stage. Work may
begin in 6 months. The water main leading to Kingsland Point Park is old and in poor condition.
Mr. Rotfeld recommends installing a new line closer to the bathhouse.
HEARING OFFICER - The Board reviewed a memo from Chief Camp regarding the hiring of a
hearing officer per the PBA contract. A hearing officer is needed to preside over a 207.C hearing
to determine if an officer is fit for duty. Discussion ensued.
UPDATED MEETING SCHEDULE - Mayor Wray announced the August Board meeting
schedule. There will be a Board meeting on August 14 and a work session on August 21.
CODE REVISIONS - The Board discussed code revisions. A list of code related questions was
prepared by Trustee Lobato-Church and distributed to the Board. Village Attorney Janet
Gandolfo addressed each question. Mayor Wray also had some questions. Discussion ensued.
HAZARD MITIGATION PLAN - The Board reviewed a memo from the Village Administrator
that summarized the bid results for a hazard mitigation plan. Mr. Giaccio is recommending that
the Board go with the low bidder, which was Cashin Associates in the amount of $32,000. The
cost will be entirely covered by a FEMA grant.

�TREE APPEALS - The Board continued a review of a request made by Edward Monks to
appeal a tree committee decision denying the removal of a catalpa tree located on 222 North
Washington Street. Several Board members had the opportunity to see the tree in question.
Discussion ensued.
The Board continued a review of a request made by Lauren Gaul and Raul Moras to appeal a tree
committee decision denying the removal of an oak tree located on 465 Monroe Avenue. Several
Board members had the opportunity to see the tree in question. Discussion ensued.
SPECIAL SESSION
On a motion made by Trustee Campbell and seconded by Deputy Mayor Wompa and carried
unanimously the Board moved into special session.
Motion was made by Trustee Campbell and seconded by Trustee MacFarlane to overturn a tree
committee decision denying the removal of a catalpa tree located on 222 North Washington
Street. Motion passed 4-0.
Motion was made by Trustee Campbell and seconded by Trustee MacFarlane not to overturn a
tree committee decision denying the removal of an oak tree located on 465 Monroe Avenue.
Discussion ensued. The motion was withdrawn due to abstentions by Deputy Mayor Wompa
and Trustee Lobato-Church.
On a motion made by Trustee Campbell and seconded by Trustee MacFarlane and carried
unanimously, the Board moved out of special session.
At 9:55pm the meeting was adjourned
Respectfully submitted,

Anthony ^jiacxio
10
Village Administrator

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                    <text>Meeting Date: 07/24/2012
Resolution #: 07/86/2012

Resolution Approving License Agreement with General Motors for
"Park to Park Days" Sundays
Whereas the Recreation Committee is desirous of expanding access to the water front
to all village residents; and
Whereas the 20 foot wide strip on the General Motors property along the riverfront
connects the existing riverfront walkway near Ichabod's landing to Kingsland Point Park.
Now therefore be it resolved the Board of Trustees hereby authorizes the Mayor to
sign the attached license agreement with General Motors which will establish three (3)
Sundays whereby pedestrians may walk from the existing riverfront walkway to
Kingsland Point Park along the Rivers' edge.
Moved: Trustee Carr
Absent: Trustee Stupel

Seconded: Trustee McFarlane

Vote: 5-0

�LICENSE AGREEMENT

THIS LICENSE AGREEMENT ("Agreement") is entered into this _ day of July,
2012, by and between GENERAL MOTORS CORPORATION ("Licensor"), and THE
VILLAGE OF SLEEPY HOLLOW ("Licensee").
RECITALS:

A. Licensor is the beneficial owner of certain property located in Sleepy Hollow,
New York ("the Property").

B. Licensee has requested a license to enter upon a portion of the Property for
the purpose of sponsoring an event called "Park to Park Days" on August 5,
August 19, and September 9, 2012, open to the public which will include the
use of the Property as follows:

(1) Use of an approximately twenty (20') foot wide walkway adjacent to
the Hudson River's edge from the southerly Property line to the
northerly Property line for use by pedestrians and persons using nonmotorized bicycles.
C. The Town of Mount Pleasant Industrial Development Agency ("IDA") is the
legal owner of the Property.

D. Licensor is willing to grant the requested permission for the Permitted Use
subject to and upon the following terms and conditions:
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and conditions set forth

herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:

(1) GRANT: Subject to the terms and conditions of this Agreement, Licensor
hereby grants to Licensee a non-exclusive license ("License") to enter upon
the Property, as more particularly shown on Exhibit "A" attached hereto and
made a part hereof for the Permitted Use.
(2) TERM: Subject to the terms of this Agreement, the term of the License shall
commence at the following dates and times: 8:00 a.m. Sunday, August 5,
2012; and expire at 8:00 pm, 8:00 a.m. Sunday, August 19, 2012; and expire
at 8:00 pm, and 8:00 a.m. Sunday, September 9, 2012 and expire at 8:00
p.m ..
(3) PUBLIC RECORDS: The License is subject to any and all matters of record
and those matters which a personal inspection of the Property would reveal.
Licensee accepts the License and property "as is". Licensee acknowledges
that neither Licensor nor any of Licensor's affiliates (as hereinafter defined)
1

�has made any warranty or representation express or implied, with respect to
any of the property, including any warranty or representation as to (I) fitness,
design or condition for any particular use of purpose (II) the quality of the
material or workmanship therein, (III) the existence of any defect, latent or
patent, (IV) compliance with laws, (V) location, (VI) use, (VII) operation or
(VIII) the existence of any hazardous substance (as hereinafter defined); and
all risk incident thereto are to be borne by Licensee. Licensee acknowledges
that the Property has been inspected by Licensee and is satisfactory to is for
the permitted use. In the event of any defect or deficiency in any of the
property of any nature, whether latent or patent, Licensor shall not have any
responsibility or liability for any damages, including incidental or
consequential damages. Licensee releases and discharges Licensor from any
and all claims or causes of action that Licensee may now have or hereafter
have against Licensor relating to the subject matter of this Agreement.
Licensee's waiver obligation hereunder shall survive the termination of this
Agreement.
(4) PERMITTED USE: The License granted hereunder shall be solely for the
Permitted Use.
(5) SUPERVISION: Licensee shall take all precautions, including, but not
limited to, the posting of signs and the placing of fencing and barricades as
are necessary in the interest of public safety and for the safety of any
persons working on or traveling upon or in any way using the Property or
land adjacent thereto. Licensee shall also be responsible for and take all
precautions for the protection of all persons and of real and personal property
using the Property or situated on the perimeter adjacent to or abutting the
Property, including Village police presence.
(6) CONFORMITY WITH LAW: Licensee's use of the Property shall be in
conformity with safe practices and shall at all times be in compliance with all
local, State, and Federal laws, statutes, rules, and regulations pertaining
thereto. Licensee shall be solely responsible for obtaining and maintain any
and all permits or other licenses required for Licensee to use the Property for
the Permitted Use.
(7) INSURANCE: Throughout the term of this Agreement, Licensee and its sublicensee(s) shall obtain and maintain, at Licensee's sole cost and expense,
and keep in force for the benefit of Licensee, with Licensor and the IDA
named as additional insured, insurance policies providing the following
coverages:
(a) A commercial general liability insurance policy, including contractual
liability, protecting and indemnifying Licensor, Licensee, and the IDA
against any and all liabilities and claims for damages to persons or
property occasioned on or about any part of the License Area, and all
other areas adjacent to the License Area, with such policy to be in the
minimum amount of One Million ($1,000,000) Dollars for bodily injury
to or death of one person and Five Million ($5,000,000) Dollars

2

�aggregate per occurrence for bodily injury and death and One Million
Dollars ($1,000,000) for property damages;
(b) Comprehensive automobile insurance including owned and non-owned
automobile insurance with a minimum limit of One Million
($1,000,000) Dollars per occurrence combined single limits for bodily
injury and property damage;
(c) Worker's compensation insurance to the extent required by applicable
law with respect to all persons employed or hired by Licensee and/or
any sub-licensees, and containing such terms and conditions as are
required under applicable law;
(d) Excess liability of Five Million ($5,000,000) Dollars per occurrence and
aggregate;
All insurance policies required to be procured and maintained hereunder shall (i) be
issued by financial responsible insurance companies acceptable to Licensor; (ii) be
written as primary policy coverage and not contributing with or in excess of any
coverage which Licensor may carry; (iii) with the exception of worker's compensation
insurance, insure and name Licensor and the IDA, as additional insureds as their
interests may appear; and (iv) contain an express waiver of any right of subrogation by
the insurance company against Licensor, and the IDA and their agents and employees.
Neither the issuance of any insurance policy required hereunder, nor the minimum
limits specified herein with respect to any insurance coverage, shall be deemed to limit
or restrict in any way the liability of Licensee (or its invitees) arising under or out of this
Agreement. On or before the execution of this Agreement by the parties herein,
Licensee shall deliver to Licensor and the IDA certificates of insurance evidencing all of
the coverage required hereunder. Each insurance policy with the exception of worker's
compensation insurance required to be carried hereunder shall provide that, unless
Licensor and the IDA shall first have been given thirty (30) days prior written notice, (i)
such insurance policy shall not be canceled and shall continue in full force and effect;
and (ii) no material changes may be made in such insurance policy (which changes shall
also require Licensor's and the IDA's prior written approval).
Licensee shall not do or permit to be done any act or thing upon the Property that will
invalidate or be in conflict with any insurance policies covering the same. Licensee shall
promptly comply with all insurance underwriters' rules, orders, regulations, or
requirements relating to such insurance policies, and shall not do or permit anything to
be done in or about the Property which shall increase the rate of insurance on the
Property.
(8) INDEMNIFICATION: Licensee shall defend, indemnify, protect, and save
harmless Licensor and the IDA, their respective Affiliates (as defined below),
and their respective members, partners, venturers, stockholders, directors,
officers, employees, agents, spouses, legal representatives, successors and
assigns ("Licensor Parties") from and against any and all claims, actions,
suits, damages, liabilities, costs, and expenses, including, without limitation,

3

�reasonable attorneys' fees and disbursements, that: (i) arise form or are in
any way connected with the License granted hereunder for the Property or
any portion thereof or any of Licensee's activities on the Property prior to the
date of this Agreement BUT NOT ARISING FROM ANY ACT OR OMISSION OF
LICENSOR; (ii) arise from or are in any way connected with any act or
omission of Licensee or Licensee's agents, employees, contractors,
subcontractors, sub-licensees or invitees; (iii) result from any default of this
Agreement or any provision hereof by Licensee; (iv) result from the presence
of Licensee's or any of its sub-licensee's goods, property or equipment on the
Property; or (v) result from injury to person or property or loss of life
sustained in or about the Property, all regardless of whether such claims are
asserted or incurred before during, or after the term of this Agreement.
Licensee's obligations under this paragraph shall survive the expiration of this
Agreement. "Affiliate" means, with respect to any Person, together with its
and their respective partners, venturers, directors, officers, stockholders,
agents, employees and spouses. A Person shall be presumed to have control
when it possesses the power, directly or indirectly, to direct, or cause the
direction of the management or policies of another Person, whether through
ownership of voting securities, by contract, or otherwise. "Person" means an
individual, partnership, limited liability company, association, corporation or
other entity.
(9) WAIVER OF RESPONSIBILITY: Neither Licensor, nor the Licensor Parties
shall be liable for, and Licensee waives, all claims for loss or damage,
economic or otherwise, to Licensee's business or damage to person or
property sustained by Licensee or any person claiming by, through or under
Licensee resulting from any accident or occurrence in, on or about the
Property, or any part of the Property, including, without limitation, claims for
loss, theft, damage, injury or loss of life resulting from any cause whatsoever,
EXCEPT FOR WILFUL ACTS OF MISCONDUCT BY LICENSOR. To the
maximum extent permitted by law, Licensee shall use and occupy the
Property as Licensee is herein give the right to use, at Licensee's own risk,
and Licensee hereby assumes such risk.
(10) VACATION OF PREMISES: Upon termination of this Agreement,
Licensee shall promptly (i) remove its personnel, materials, equipment, and
personal property from the Property, (ii) vacate the Property, and (iii) return
the Property to its original condition prior to the Permitted Use. Licensee
shall keep the Property clean and shall repair any damage to the Property
caused by Licensee's or any sub-licensee's use thereof or caused by
Licensee's or any sub licensee's removal of its materials, equipment, and
personal property there from.
(11) HAZARDOUS SUBSTANCES AND PROHIBITED USE: Licensee, its
agents, employees, sub-licensees and contractors, shall not at any time cause
or permit any Hazardous Substances to be brought upon, kept, used or
released in, on, or about the Property. Hazardous Substances are defined as

4

�any hazardous substances, hazardous wastes, or toxic substances, petroleum,
petroleum byproducts, or derivates, as those terms are defined and regulated
under CERCLA, 42 U.s.c. 9601 et seq., RCRA, 42 U.s.c. 6901 et seq., TSCA,
15 U.s.c. 2601 et seq., or any similar state statute, regulation or order.
Licensee shall comply with all environmental laws and regulations and to take
such other actions as may be reasonably required to protect the Property
against environmental liabilities. Without limiting the foregoing, if the
presence of any Hazardous Substances on or about the Property caused or
permitted by licensee, either before or after the effective date of this
Agreement, results in any contamination of any portion thereof Licensee shall
promptly take all actions at its sole cost as are necessary to return the
Property to the condition existing prior to the introduction of any such
Hazardous Substances, subject to obtaining Licensor's prior written consent
to the actions to be taken by Licensee, which consent may be granted or
withheld in Licensor's sole discretion. The terms and provisions of this
paragraph shall survive the expiration of this Agreement.
(12) WASTE OR NUISANCE: Licensee shall, including, without limitation,
any nuisance created by employees, agents, contractors, licensees or invitees
of Licensee. During the term of this License, Licensee shall maintain all
equipment, vehicles, and other materials on the Property in good condition,
shall inspect the Property for evidence of any fluids or other materials leaking
from such equipment or vehicles, or otherwise resulting from the other
Permitted Uses, and shall clean up any such fluids and materials in
accordance with the terms of this Agreement.
(13) PROTECTION FROM LIENS: Licensee shall keep the Property and
every part thereof free and clear of any and all liens and encumbrances for
work performed by Licensee, or on Licensee's behalf, on the Property.
(14) GOVERNING LAW: This Agreement shall be governed and construed in
accordance with the laws of the State of New York and shall not be modified,
altered, or amended except in writing as agreed to by the parties hereto.
(15) NOTICES: All notices or other communications provided for under this
Agreement shall be in writing, signed by the party giving the same, and shall
be deemed properly given and received (i) when actually delivered and
received, if personally delivered; or (ii) three (3) business days after being
mailed, if sent by certified mail, postage prepaid, return receipt requested; or
(iii) one (1) business day after being sent by overnight delivery service, all to
the following addresses:

If to Licensor:

GENERAL MOTORS CORPORATION
c/o Worldwide Real Estate
200 Renaissance Center

5

�MC 482-B38-LCN
Detroit, MI 48265-2000
Attention: Executive Director
If to Licensee:

VILLAGE OF SLEEPY HOLLOW
Att: Village Administrator
28 Beekman Avenue
Sleepy Hollow, New York 10591

If to IDA:

Town of Mt. Pleasant IDA
One Town Hall Plaza
Valhalla, New York 10595

IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the
date first written above.

GENERAL MOTORS CORPORATION
By: ______________________
Name: ___________________
Title: ________________

VILLAGE OF SLEEPY HOLLOW
By: _____________________
Kenneth G. Wray, Mayor

6

�Meeting Date: 07/24/2012
Resolution #: 07/87/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Appointing Members of the Recreation Advisory Committee.
The Board of Trustees hereby confirms the Mayor's appointment of Carl Avidas for a
term of 4 years, said term to end on March 31, 2016.
The Board of Trustees hereby confirms the Mayor's appointment of Alicia Santochi for a
term of 4 years, said term to end on March 31, 2016.
The Board of Trustees hereby confirms the Mayor's appointment of Ana Lopez for a
term of 3 years, said term to end on March 31, 2015.
The Board of Trustees hereby confirms the Mayor's appointment of Herb Weltig for a
term of 3 years, said term to end on March 31, 2015.

Moved: Trustee MacFarlane
Absent: Trustee Stupel

Seconded: Trustee Lobato-Church

Vote: 5-0

�Meeting Date: 07/24/2012
Resolution #: 07/88/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Appointing Members of the Recreation Advisory Committee.
The Board of Trustees hereby confirms the Mayor's appointment of Carl Avidas for a
term of 4 years, said term to end on March 31, 2016.
The Board of Trustees hereby confirms the Mayor's appointment of Alicia Santochi for a
term of 4 years, said term to end on March 31, 2016.
The Board of Trustees hereby confirms the Mayor's appointment of Ana Lopez for a
term of 3 years, said term to end on March 31, 2015.
The Board of Trustees hereby confirms the Mayor's appointment of Herb Weltig for a
term of 3 years, said term to end on March 31, 2015.

Moved: Trustee MacFarlane
Absent: Trustee Stupel

Seconded: Trustee Lobato-Church

Vote: 5-0

�Meeting Date: 07/24/2012
Resolution #: 07/89/2012

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Appointing Members of the Police Advisory Committee.
The Board of Trustees hereby confirms the Mayor's appointment of Stella Garlick for a
term of 2 years, said term to end on March 31, 2014.
The Board of Trustees hereby confirms the Mayor's appointment of Maria-Rose
DeMilia- Powers for a term of 2 years, said term to end on March 31, 2014.

Moved: Trustee Lobato-Church
Absent: Trustee Stupel

Seconded: Deputy Mayor Wompa

Vote: 5-0

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