https://sleepyhollow.localarchives.org/files/original/ec56a88ba1c5dcf3c475d0c4b168504a.pdf c53d0adc43489287ccb5ab775ce37161 PDF Text Text A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, July 8, 2008, at approximately 8:15 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Thomas Capossela Kay Brown Grala Maria Rose DeMilia-Powers David Schroedel Karin Wompa Kenneth Wray, Trustees Also Present: Sean McCarthy, Building Inspector Diane Jacobson, Treasurer Robert Ponzini, Esq., Village Counsel Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. Approval of Minutes- None Approval of Warrants A brief discussion ensued between the Mayor, Board and Treasurer regarding Warrant and Voucher presentations and payment deadlines. Trustee Schroedel moved and seconded by Trustee DeMilia-Powers to approve Warrant 08JUN26 in the amount of $10,000. Carried 7-0. Trustee Schroedel moved and seconded by Trustee Grala to approve Warrant 08MAY31E in the amount of $82,817.15. Vote: 5-2 Roll Call: Trustees DeMiiia- Powers, Grala, Wompa, Wray and Mayor Zegarelli voted: Yes; Trustees Schroedel and Capossela Voted: No. Trustee Schroedel moved and seconded by Trustee DeMilia-Powers to approve the 083UL08 warrant in the amount of $383,772.02. Vote 2-5 By roll call: Trustees Demilia-Powers and Mayor Zegarelli voted: yes Trustees Schroedel, Capossela, Grala, Wompa and Wray voted: No. Trustee Schroedel moved and seconded by Trustee DeMilia-Powers for an exception to approve payment for the new ambulance in the amount of $164,269.50 on warrant 08JUL08. Carried: 7-0, By roll call, all voted: yes 1 �Trustee Wray moved and seconded by Trustee Schroedel to approve the 08JUL08A warrant in the amount of $2,088.29; Carried: 7-0 Mayor's Announcement Mayor advised of three (3) Con Edison turn-off notices at 49 Depeyster St., 85 Cortlandt St. and 148 Cortlandt St. Mayor advised Board he was setting up meeting with Joe Stout of Westchester County Parks Department regarding extension of contract for Kingsland Park. Mayor advised that Tarrytown Village Hali Ribbon cutting ceremony is July 18th at 7p.m.; all are invited. Public Comments Donna Gates of 53 New Broadway spoke about an incident on her street, where a tractor trailer was lost and speeding. Mrs. Gates read a lengthy letter to the Mayor and Trustees and requested that additional stop signs and bumps be installed on that street. Mario Belanich of North Washington Street spoke about the installation of the cell phone tower near the Senior Center. Mr. Belanich asked Board to "pull" R-8; he feels this is a waste of money for taxpayers and not safe to have near seniors and playground. Trustee DeMilia responded and discussion ensued. Mr. Belanich also expressed concern regarding a street sign reading "Beekman" instead of Beekman Avenue; discussion ensued. Trustee Reports Trustee Schroedel-none. Trustee Capossela - DPW & Recreation report: Curbs on Harwood Avenue are near completion. Playground equipment inspected by insurance company and a report will be sent. Tree grooming in progress. Hydrants flushed between Depeyester St. and Cortlandt St. A new hydrant to be installed on Kendall Avenue. Sewer lines being flushed on a routine schedule. Street lights are being repaired as needed. Summer travel baseball has begun; 5 teams participating. Elite soccer camp ongoing. SH-Tarrytown summer camp has begun; may still call to register 631-8389. Light house tours being done July 20th, August 3rd, 17th and 31 st . Kingsland picnic reservations just about full; call for reservations. 2 �Street Festival and Ferry Go Round scheduled for September 14th; vendors for this event must obtain Peddlers' permit. Discussion and concerns ensued with Mayor, Village attorney, Trustees and Sean McCarthy regarding Barnhart Park being used by some residents, installation of signs, and scheduling of staff to maintain it. Other issues regarding the Park were discussed as well. Trustee DeMilia-Powers-none. Trustee Graia- reminded and welcomed the Board and the public to the library cruise. Trustee Wompa- Reported ongoing meetings regarding Ferry Go Round and Street Fair for September 14th, 2008. Ali vendors must contact the Chamber of Commerce for proper permits. Trustee Wray- Public Safety Committee met and discussed budget issues, overtime, and other related financial issues. Clarification of Auxiliary Police training regimen for the summer was discussed. Committee will meet again soon. Administrator's Report - None. Resolutions - See attached. Old Business Trustee Wompa questioned parking status for the Ferry Go Round and Street Fair; Mayor responded and discussion ensued. Trustee Wray questioned if there is permission for the use of GM lot for employees parking. Mayor responded and discussion ensued. Trustee Capossela advised that he has received a letter from a resident, Luciile Tornello from 21 Holland Avenue. The letter stated that she had received no response from Sean McCarthy and Robert Balog regarding her house. Discussion ensued. Trustee Capossela questioned Sean McCarthy regarding employment verification letter for Bob Stiloski. Discussion ensued. Trustee Schroedel questioned if there has been any contact from GM regarding use of the West parcel. Mayor responded and discussion ensued. New Business - Trustee DeMilia- Powers expressed concern regarding traffic by Barnhart Park and asked if there is a possibility of making Kendall Extension a two way street. Discussion ensued. 3 �Communications, Petitions & Requests - Deputy Village Clerk advised of letter from Parisi & Patti on behalf of client, The Lighthouse Coffee Inc, for an on premises liquor license for 222 Beekman Avenue. Public Comment - John Korzelius, Deputy Fire Chief, spoke on behalf of all volunteers and questioned the Board regarding the amendment of the vehicle policy. He requested and recommended that the Board take the time to meet with the Fire Department volunteers before making any further decisions regarding this policy; a copy of this policy was requested by Mr. Korzelius, and a brief discussion ensued. Trustee Wray made motion to adjourn meeting and go into Executive Session, seconded by Trustee Demilia- Powers. Carried 7-0 Trustee Schroedel moved to come out of executive session, Seconded by Trustee Wray; Carried 7-0 Respectfully submitted, Paula A. McCarthy Deputy Village Clerk 4 �Meeting Date: Resoiu&mNo; 07/08/08 07/154/08 RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR A COLD WAR VETERAN'S TAX EXEMPTION WHEREAS, the State of New York, pursuant to Real Property Tax Law Section 458-b, has authorized municipalities to provide partial tax exemption for Cold War Veterans as described k that section, and WHEREAS, the Village of Sleepy Hollow "believes such tax relief should be considered for those Cold War veterans who are residents of its village and has prepared legislation to that effect, NOW THEREFORE BE IT RESOLVED, that apublic hearing shall be held on July29^2008 at 7: O&pJtn. at Village Hall to consider the adoption of a proposed local !aw to provide a partial exemption from Village Taxes for those resident property owners who are eligible Cold War Veterans, Trustee M o v e d : . T r u s t e e Schroedel Seconded: DeMilia-Eewers yote; 7^0 �Meeting date; Resolution No: 07/08(08 07/155/08 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO PROVIDE PARTIAL TAX EXEMPTIONS FOR VOLUNTEER iTREFIGHtERS AND AMBULANCE COMPANY MEMBERS WHEREAS, the State of New York lias authorized local municipalities to provide for partial tax exemptions for its volunteer firefighter and ambulance company members, and WHEREAS, the Village of Sleepy Hollow believes such tax relief should be considered for its volunteers and has prepared legislation to such effect, NOW THEREFORE BE IT RESOLVED, that a public hearing shall be held on July 29 ,2008 at :7:0Op.m.at Village Hall to consider the adoption of a proposed local law to provide a partial exemption from Village Taxes for active volunteerfirefightersand ambulance company members. Trustee Moved: T r u s t e e Schrodel s econ( fed: DeMllia Powers Vote: 7-0 �Meeting Date: Resolution #: 07/08/08 07/156/08 BOND RESOLUTION, DATED JULY 8, 2008, AUTHORIZING THE ISSUANCE OF UP TO $3,500,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE CONSTRUCTION AND ACQUISITION OF A SENIOR CENTER IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the construction and acquisition of a senior center, in and for the Village, including furnishings and preliminary work at a total estimated cost of up to $3,500,000, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $3,500,000 pursuant to the Local Finance Law, in order to finance the costs of the specific object or purpose hereinafter described. Section 2. The specific object or purpose to be financed by the issuance of such serial bonds is the costs of the construction and acquisition of a senior center, including furnishings and preliminary work, in and for the Village (the "Project"). 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 $3,500,000; (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 with the proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years. Section 4. It is hereby determined that the Project is a specific object or purpose described in subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is twenty-five (25) years, such building being of Class "A" construction (as that term is defined in subdivision 11(a)(1) of the Local Finance Law). The serial bonds authorized herein shall have a maximum maturity of twenty-five (25) years computed from the earlier of (a) the date of such serial bonds, or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 5. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and 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 Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to 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 6. The faith and credit of the Village is 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 Resolution as the same shall become due. Section 7. When this Resolution takes effect, the Village Clerk shall cause the same 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 by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are 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 are authorized in violation of the provisions of the Constitution of the State. Section 8. Prior to the issuance of obligations authorized to be issued by this bond resolution, 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 obligations authorized to be issued 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 9. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein 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 facilities financed with the proceeds of such obligations 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 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 any facilities 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 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 the bonds or any other provisions hereof until the date which is 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 for such purpose on or after a date which is not more than 60 days prior to the date of adoption of this Resolution by the Village. Section 10. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), 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 the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this 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. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made. Section 11. 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: Trustee DeMilia-Powers Seconded: Trustee Capossela Vote:7-0 By roll call, Trustees Schroedel, Capossela, DeMilia-Powers, Grala, Wompa and Wray and Mayor Zegarelli vote: yes �Meeting Date; Resolution #: 07/08/08 07/157/08 Resolution of the Board of Trustees of the Village of Sleepy Hollow Amending Warrant of June 24, 2008 BE IT RESOLVED, that the Warrant of June 24, 2008 shall be amended to exclude the following vouchers which are still under review; Westchester Communications HO Penn Frank J. Morabito Morabito Electric $ $ RDJ Specialties, Inc. Morabito Electric, Inc. B&H Photo Video Pro Audio Economy Uniforms Galls Hudson River Pulmonary Carolyn Amenta $ $ $ $ $ $ $ Moved: Trustee Schroedel 455.00 3,269.80 $ 14,400.00 $ 1,250.00 1,280.20 825.00 1,955.00 700.00 413.00 400.00 130.00 Seconded: Trustee Grala Vote: 5-2 By roll call, Trustees DeMilia-Powers, Grala, Wompa, and Wray and Mayor Zegarelli vote: yes Trustees Schroede! and Capossela vote: no �Meeting Date; ResolutionNo: 07/08/08 07/158/08 RESOLUTION ADOPTING A VILLAGE EMPLOYEE VEHICLE USAGE POLICY WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") in furtherance of the business and operation of the Village is required from time to time to provide its employee with automobile transportation, and WHEREAS, Sleepy Hollow believes that this may be best accomplished by the adoption of an official village policy for the assignment, use and reimbursement of automobile services for certain designated employees, and WHEREAS, Sieepy Hollow has studied this issue and prepared a policy that best accomplishes these objectives in the most efficient manner. NOW THEREFORE BE IT RESOLVED, that Sleepy Hollow hereby adopts its employee Automobile Use Policy as attached, effective immediately, and BE IT FURTHER RESOLVED that this policy is incorporated m the official employees handbook of Sleepy Hollow. Moved:t______ , Seconded: Vote: By motion of Trustee Worapa, seconded by Trustee DeMilia-Powers, the above resolution was tabled to a l a t e r date. Vote: 6-1 By r o l l c a l l , Trustees Schroedel, DeMilia-Powers, Grala, Wompa and Wray and Mayor Zegarelli vote: yes Trustee Capossela votes: no �DRAFT VttJJkGtf. OF SI J3SFY HOLLOW -AUTOMOBILE USE POLICY The following constitutes the automobile use policy for village owned vehicles and vehicle reimbursement for private vehicles used for official business; 1. One or before the annual organization of the Village Board of Trustees, the Village Administrator shall compile a list of all Village owned vehicles, including but not limited to the make, model and mileage of the vehicle, the department and person to whom it is assigned, whether owned or leased > and if leased, the termination date thereof and the municipal purpose for which the vehicle is assigned. 2. In addition, the Village Administrator, concurrent with his compilation of Village vehicles, shall prepare a list of those employees, by name, position and department, who are entitled to mileage reimbursement in lieu of assignment of a motor vehicle by the Village. It is the expressed intention of the Village of Sleepy Hollow, to the greatest extent possible, to eliminate the ownership and/or leasing of village vehicles for municipal employees and to substitute wherever practial and appropriate^ reimbursement per mile rate, based upon the current Internal Revenue Service rate in effect. 3. Upon receipt of this outstanding list of vehicles and employees entitled to reimbursement, the Village Board of Trustees, no later than the last meeting of the month following the annual organization meeting, shall audit and approve such list. 4. It is further stated that initially, the only employees who shall be provided Village owned vehicles shall be the Village Administrator, the Building Inspector and the Superintendent of Public Works. Those vehicles shall be utilized only during the course of those employees work day, and shall not be used to commute to and �from the employees place of residence. When not being used for Village purposes, the assigned vehicle shall be parked in a Village parking facility. 5. Fire vehicles shall be provided to the respective Fire Chiefs in accordance with long standing village policy, but shall not be employed for personal use. With limited exceptions, it is not intended nor permitted that these vehicles leave the geographical boundaries of the Village. 6. With respect to those employees who are permitted reimbursement for mileage, it shall be their responsibility to record their activities in a daily diary that shall be submitted to the Village Board of Trustees with the appropriate voucher on a monthly basis for approval. 7. On those occasions when a Village vehicle or a reimbursed employee is required to travel on official business and that requires overnight travel, permission must be granted in advance by the employees Department head, or if unavailable, the Village Administrator. 8. The foregoing policy shall be circulated to all employees and acknowledged by them upon assignment of a Village vehicle or authorization for reimbursement. Further, this policy shall be entered into the employee handbook for the Village of Sleepy Hollow. 9. This policy is subject to amendment from time to time upon the motion of the Village of Sleepy Hollow June 24, 2008 Sleepy Hollow, New York �Meeting Date: Resolution #: 07/08/08 07/159/08 RESOLUTION AUTHORIZING KEANE & BEANE, P.C. TO DEFEND THE INTERESTS OF THE VILLAGE OF SLEEPY HOLLOW IN THE ARTICLE 78 PROCEEDING COMMENCED BY GENERAL MOTORS CORPORATION CHALLENGING THE SEQRA FINDINGS STATEMENT ADOPTED BY THE BOARD OF TRUSTEES ON JULY 24, 2007 WHEREAS, on or about November 21, 2007, the General Motors Corporation commenced an Article 78 Proceeding in Westchester County Supreme Court challenging the SEQRA Environmental Findings Statement adopted by the Board of Trustees of the Village of Sleepy Hollow on July 24, 2007 in regard to the Lighthouse Landing project; and WHEREAS, from the commencement of such litigation, until June 2008, General Motors Corporation and the Village have mutually agreed to adjourn such litigation; and WHEREAS, the Village of Sleepy Hollow was recently advised by General Motors that it no longer wishes to adjourn the litigation, but wishes to proceed with the litigation. THEREFORE, IT IS RESOLVED that Mayor and Board of Trustees does hereby authorize Keane & Beane, P.C. to proceed to defend the interests of the Village of Sleepy Hollow in the litigation pending in Westchester County Supreme Court entitled General Motors Corporation v. Village of Sleepy Hollow, et ah Westchester County Index No. 07/23984 and take such steps as are necessary to protect the interests of the Village in this litigation. Moved: Trustee Grala 2476/06/341454 VI 7/22/08 Seconded: Trustee DeMilia-Powers Vote: 7-0 �Meeting Date: Resolution No,: 07/08/08 07/ 160/08 RESOLUTION AUTHORING SETTLEMENT OF NEXTEL V. SLEEPY HOLLOW, ET AL WHEREAS, on December 20,2007, the Village of Sleepy Hollow Planning Board ("Planning Board") adopted a Resolution authorizing site plan approval and the issuance of a special permit with, certain conditions for the construction and installation of a wireless communication facility on Village Owned property at the corner of Andrews'Lane and Elm Street (the "Site"), and WHEREAS, substantially prior to toe approval of that permit and before the planned construction of any structures on or near the Site, the Village Board of Trustees of the Village of Sleepy Hollow ("Village Board") entered into a lease with Nexfcel ofNew York for the installation and operation of a cell phone tower at the Site upon the issuance of a Special Permit by the Planning Board, and WHEREAS, on January 29,2008, Nextel of New York, Inc. and Sprint Spectrum, L.P. sued the Village of Sleepy Hollow, the Planning Board and the individual members of the Planning Board, the Board of Trustees and Sean McCarthy, Building Inspector, all in their official capacity, in Hie United States District Court for the Southern District of New York; and WHEREAS, the Village denies all the material allegations of the complaint, and WHEREAS, the parties have agreed to settle this action, and WHEREAS, the Planning Board in a resolution dated May 21,2008 has authorized settlement of this proceeding, and WHEREAS, the parties have agreed to settle this action at no cost to Sleepy Hollow or any of its Boards, Commissions or employees, NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow Board of Trustees authorizes its counsel to execute the Stipulation.of Settlement in this matter. Trustee Moved: DeMilia-Powers ^Seconded: T r u s t e e Wompa Vote: 7-0 �Meeting Date: Resolution #: 07/08/08 07/161/08 BE IT RESOLVED, that the resolution to be voted upon relating to the terminating of the personal service contract of Frank J. Morabito be amended to extend the termination date to September 2, 2008. Moved: Trustee Grala Seconded: Trustee DeMilia-Powers Vote: 3-4 By Roil Call, Trustees Graia and DeMilia-Powers and Mayor Zegarelii vote yes Trustees Schroedel, Capossela, Wompa and Wray vote no. �Meeting Date: Resolution No.: OJ/08/08 07/ 162 /08 RESOLUTION TERMINATING THE PERSONAL SERVICE CONTRACT OF FRANK J. MORABITO "WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow**) entered into an employment agreement with Frank J, Morabito ("Morabifo") on February 23,2007 to provide professional services for the Sleepy Hollow Building Department, and WHEREAS, that agreement provides for termination by either party with or without cause upon seven (7) days written notice, and WHEREAS, Sleepy Hollow now desires to terminate this agreement, NOW THEREFORE BE IT RESOLVED that Sleepy Hollow exercises its option to terminate this agreement for professional services, and BE IT FURTHER RESOLVED, that the Village Clerk is directed to forward a copy of this resolution forthwith to Morabito. Moved: Trustee Schroedel Seconded: Trustee Capossela Vote; 4-3 By Roll Call: Trustees Schroedel, Capossela, Worapa and Wray vote: Trustees Grala, DeMilia-Bowers and Mayor Zegarelli vote: no yes �Meeting Date; Resolution #: 07/08/08 07/163/08 WHEREAS, a temporary vacancy exists in the position of Village Caretaker as a result of illness, and WHEREAS, the Village believes this position should be filled forthwith. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby confirm the Mayor's appointment of Giorgio Cicciarella of 71 New Broadway, Sleepy Hollow, New York as a temporary part time laborer in the Public Works Department to work Monday through Friday at an hourly salary of $15.00 effective July 14, 2008 through October 31, 2008, not to exceed 25 hours per week. Moved; Trustee DeMilia-Powers s Seconded: Trustee Schroedei Vote: 7-0 �Meeting Date: Resolution #: 07/08/08 07/164/08 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Village Attorney to Retain Citrin Coo perm an & Co. LLP BE IT RESOLVED that the Board of Trustees authorizes the Village Attorney to retain Citrin Cooperman & Co. LLP of 709 Westchester Avenue, White Plains, New York 10604 for accounting services and further authorizes the Village Attorney and the Mayor to execute an agreed upon retainer contract at the rate of $300.00 per hour and further authorizes the Mayor to execute a check to Citrin Cooperman & Co. LLP in the amount of $10,000. Moved: Trustee Wray Seconded: Trustee DeMilia-Powers Vote: 7-0 �Meeting Date: Resolution #: 07/08/08 07/165/08 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of License Agreement for Use of General Motors WHEREAS, the Village has received a proposal from MountainView Scapes of 315 North Broadway to provide service to the Village in the removal of leaves located on the General Motors site; and WHEREAS, the Village Attorney has prepared a License Agreement between the Village of Sleepy Hollow and MountainView Scapes and/or Karl Dibble based on said proposal and wish to authorize the Mayor to sign agreement. NOW, THEREFORE, IT IS RESOLVED, that the attached License Agreement is approved subject to the discussed changes; and be it further RESOLVED that the Mayor is hereby authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Schroedel Seconded: Trustee Graia Vote: 7-0 �J u l . 14. 2008 4:30PM Ho. 3568 P. 7 LICENSE AGREEMENT This License Agreement made this day of July, 2008 between the Village of Sleepy Hollow ("Sleepy Hollow") and MountainView Scapes and/or Karl Dibble ("Dibble") shall provide as follows; 1. Sleepy Hollow is the beneficiary of a license agreement with the General Motors Corporation f"G M "1 for the use of the property commonly referred to as the G.M. lot/east (1he"Property") 2. Dibble is the owner of a soil/sand/conci-ete/landscaping/conti'acting business which has been utilizing the property in the past to process and remove stone and mulch product. These items currently remain on the property and sole purpose of this License Agreement is to permit Dibble within a timely fashion to remove all of those items from the property 3. Both Sleepy Hollow and Dibble agree that the use of the property should only be pursuant to a written agreement outlining the rights and responsibilities of the parties. This agreement shall incorporate those terms and conditions. 4 Sleepy Hollow will provide Dibble with a one (1) year revocable license agreement to utilize the property without cost 5. Dibble shall use the property only for the removal of the leaves/compost and stone/rock that presently exists on the property. It is an express term of this license that all of these items shall be removed at Dibble's sole cost within this one (1) year period. At no time nor under any circumstances shall Dibble be permitted to introduce new product on to the property, whether that be rock/stone/soil/mulch/wood/leaves or construction materials of any type. 6. Dibble will pennitted limited additional activities on the property only for the purpose of preparing the existing debris for removal only.. It is understood that Dibble will be permitted to process and screen the leaves and soil that presently exists on the property. Dibble will also at no cost to Sleepy Hollow remove the existing concrete pile and provide an excavator, operator and load crusher. Sleepy Hollow will provide a water truck and wheel loader as required for these activities. Dibble will also provide to Sleepy Hollow any additional excavating and/or trucking services as may be required for any additional excess material that must be removed in the future. All work performed in furtherance of this agreement shall be engaged in during Ihe normal working hours of the Sleepy Hollow Department of Public Works. It is acknowledged by Dibble, by the execution of this agreement, that one hundred (100%) per cent of all sifted and rock materials, together with all objectionable products must be removed prior to the expiration of the term of this agreement. At no time may any construction activity be engaged in on the property. It is further acknowledged by Dibble that by the execution of this License Agreement, Sleepy Hollow does not waive anyrightsit may have now or in the future for the failure to remove this debris within the tuneframeof this agreement or any and all further claim for damages, including restoration of the property. �J u l . 14. 2008 4:30PM lo.3568 P. 3 7. Dibble will provide proof of insurance naming Sleepy Hollow as an additional named insured in an amount of at least $1,000,000 in form and substance suitable to Sleepy Hollow and subject to review by the Village Attorney. Dibble will also provide the mandated workers compensation insurance for all employees engaged in activities at the property. 8.. Dibble will indemnify and hold harmless Sleepy Hollow, its heirs, successors and assigns, for any and all claims, actions and law suits arising out of the execution and implementation of this License Agreement, including the cost of defense. 9, This agreement may be terminated with or without cause by either party by seven (7) days written notice delivered by first class mail or hand delivery as follows: Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 1.0591 Attn: Village Administrator MountainView Scapes 315 North Broadway Sleepy Hollow, New York 10591 Attn: Karl Dibble Termination of this agreement by Sleepy Hollow for any reason shall not relieve Dibble of his responsibility to remove all of the objectionable rock/leaves/etc. and to restore the property. The foregoing constitutes the complete agreement of the parties herein and shall not be modified, changed or amended orally, Village of Sleepy Hollow By: Mountain View Scapes/Karl Dibble By: � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2008 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2008-07-08 Subject The topic of the resource Board of Trustees Minutes-2008 Date A point or period of time associated with an event in the lifecycle of the resource 2008 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text