https://sleepyhollow.localarchives.org/files/original/98cb70fb978b58309af35375d3d8e0d6.pdf 31067a974653d24d42786b315749eb64 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, December 8, 2009, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela, Deputy Mayor Evelyn Stupel Bruce Campbell David Schroedel Barbara Carr, Trustees Absent: Karin Wompa Also Present: Anthony P. Giaccio, Administrator Diane Jacobson, Treasurer Sean McCarthy, Building Inspector Janet Gandolfo, Esq., Village Counsel Paula A. McCarthy, Village Clerk Richard Gross, Village DPW At 8:02 p.m., the Mayor called the meeting to order with a pledge to the flag. Mayor Wray requested a moment of silence for Claudette Vaughn and Steven Deucher. Public Hearing for River's Edge David Smith (Saccardi & Schiff - Village Planning consultants) introduced himself. He stated that this is a continuation of the public hearing held 2 weeks ago. Dave Smith stated that in addition to the River's Edge plan, there is also a purposed zoning text amendment to the Village Code. He explained that the Mayor and Trustees are the only ones able to amend the zoning code. He stated that the Trustees are considering zoning amendments and a special use permit. He stated that a copy of the proposed amendment is available for public review and comment. He reviewed the application for RF district along with the proposed impacts and significant changes. Dave Smith stated that the application for Riverfront must go before the Waterfront Advisory Committee for a consistency determination. He stated that the Board of Trustees declared them as the lead agency for the project back in January 2009. Lynn Ward of National Resources is representing the applicant along with John Jenkins, Paul Janos, Phillip Greeley and Carl Meinhart. She stated that all questions should be primarily directed to John Jenkins. John Jenkins reviewed site plan located south of Horan's Landing Park. He explained the layout of the site plan, including parking lot, terrace, amenities and entrances' layouts. He stated that the flat roof of �the buildings will appear lesser. They will have an overall height from street of 60 feet. He reviewed the River Street Streetscape and the landscaping proposal along sidewalks and benches. Paul Janos reviewed Tarrytown's DPW area and landscaping plans. Phillip Greeley discussed the traffic analysis for the Castle Oil site. He stated that they evaluated peak hour trips. Trustee Stupel asked about 50 cars per hour figure. Philip Greeley responded that trucks have more impact on the road versus passenger vehicles. Carl Meinhart stated that the proposed construction will last approximately 1 5 - 1 8 months including demolition. He also stated that about 30 jobs will be created. Trustee Capossela thanked National Resources for such an informative presentation. Mayor opened the public hearing to the public. Susan McFarlane of 105 River Rd is excited about this plan and stated that the plan is beautiful and wants to share riverwalk with others, dogs and baby carriages. She stated that the Trustees should approve this project. Steve Maceyak stated that this project would be great. He stated that there should be no mechanical units on the roof and to keep the other people on Hudson Street in mind. Mark Frye of Hudson Terrace stated that he disagrees with rezoning. He stated that the existing density would yield 27 units. He stated that the density should match Ichabod's Landing. Bruce Lozito of Ichabod's Landing congratulated the applicant for the planned project. He commented that the plan is well developed. He also suggested no mechanicals on the road. The public hearing was temporarily adjourned at 8:46 p.m. for a short break. The meeting resumed at 8:55 pm. The Mayor opened the public hearing on the new village zoning. There were no public comments. The Mayor postponed this public hearing until next meeting. Trustee Capossela made a motion to close the public hearing. Trustee Carr seconded. Trustee Campbell disagreed with closing of the public hearing. Trustee Schroedel asked Village Counsel if the public hearing is closed will that call for a vote on the zoning changes. An open discussion ensued. �Trustee Capossela made a motion to close the public hearing for the proposed zoning changes. Trustee Carr seconded. The motion did not pass (vote was 3-3). Roll call: Mayor voted no Trustee Schreodel no Trustee Carr yes Trustee Campbell no Trustee Capossela yes Trustee Stupel yes Public Hearing on Code of Ethics The public notice was read aloud. Mayor Wray asked if there were any public comments. There were none. Trustee Schroedel made a motion to close the public hearing. Trustee Campbell seconded. It was unanimous (5-0). Approval of Minutes The minutes will be approved at the next meeting. Approval of Warrants Trustee Schroedel made a motion to approve the warrants. Trustee Carr seconded. It was unanimous (5-0). Mayors Announcements Mayor Wray updated the residents on recent developments with the General Motors Property. The property is actually owned by the Industrial Development Agency (IDA). The Mayor and the Board feel the IDA is no longer relevant and should be dissolved in order to put the property back on the tax rolls. Public Comments Mr. Kavicki mentioned garbage cost increases. Mayor explained the need for the costs increase. An open discussion ensued. Ms. Kavicki suggested pickup once weekly. He suggested installing sidewalks on Elm and Howard streets. �IS Mario Belanich asked why sanitation was increased 100%. Also, he asked if seniors are getting a discount. Trustee Schroedel explained that seniors pay half of what everyone else pays. Brian Doyle, of JP Doyle's Restaurant and bar, addressed the Board of Trustees and Mayor to have his water bill re-evaluated. Mario Belanich stated that the 100% increase is too much for sanitation. Ms. Kavicki suggested private garbage pickup. Trustee Reports Trustee Schroedel had nothing to report. Trustee Carr had nothing to report. Trustee Campbell said Rock of Salvation meeting was successful. He stated that the Trustees will continue to plan to hold these meetings throughout the Village. Trustee Capossela read the DPW report (see attached) and the Recreation report (see attached). Trustee Stupel requested an executive session. Administrator's Report Mr. Giaccio gave his report (see attached). Resolutions See attached. Communications, Petitions & Requests There was none. New Business There was none. Public Comments There was none. �Trustee Stupel made motion to go into executive session at 10:14 p.m. Trustee Carr seconded. It was unanimous (5-0). The Board of Trustees entered into Executive Session at 10:14pm. The Meeting resume at 10:25pm. No action was taken. Trustee Campbell made a motion to adjourn the meeting. Trustee Carr seconded. It was unanimous (5-0). Meeting was adjourned at 10:25 p.m. Paula A. McCarthy Village Clerk �Meeting Date: 12/08/2009 Resolution #: 12/215/09 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Contract with Record Clerks WHEREAS, the Village was awarded a $37,892 Local Government Records Management Improvement Fund grant by the New York State Archives for digitizing of Building Department property files in order that they be accessible through the Municity software package; and WHEREAS, the project includes inserting scanning target sheets before each packet of documents pertaining to individual building permits in every property file, packing up the property files to be shipped to the off-site digitizing vendor and tracking the shipments so that the location of each file at all points of time is known; and WHEREAS, one or two Records Clerks need to be engaged on a contractual basis to perform the above function, their hourly pay to be funded to be funded by the grant award; and WHEREAS, the Village intends recruiting Emma Serina of 9 Lawrence Avenue, Sleepy Hollow and / or Manny Cappelio of 44 Pocantico St, Sleepy Hollow due to her familiarity with the project and the property files, having worked on said files during the 2008-09 Archives grant project. NOW, THEREFORE, BE IT RESOLVED that Emma Serina and or Manny Cappelio be contracted as Records Clerks effective immediately, working as needed for no more than 50 hours, being paid $15 per hour. The contract will be terminable at will by either party with one week's written notice; and BE IT FURTHER RESOLVED that the Mayor, Ken Wray, is hereby authorized to take any and all steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Absent: Trustee Wompa Seconded: Trustee Stupei Vote: 5-0 �Meeting Date: Resolution #: 12/8 /09 12/216/09 BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow appoint Robert G. Kearns of Tarrytown, NY, and Frank Rodriguez of Cortlandt Manor, NY, to the position of part-time Court Officer at a rate of $20/hourly not to exceed 17.5 hours per week effective immediately. Moved: Trustee Stupe! Trustee Vote: 5-0 Absent: Trustee Wompa Seconded: Trustee Capossela �Meeting Date: 12/08/09 Resolution #: 12/217/09 DECLARATION OF LEAD AGENCY STATUS WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the "Village Board") has been considering proposed draft zoning text amendments that would provide the Village with greater flexibility relative to redevelopment of an identified area in the Village's existing RF-Riverfront Development District (hereinafter the "Proposed Zoning Amendments''); and WHEREAS, the geographic location of the proposed amendments is that portion of the Village's RF-Riverfront Development District located along River Street and the west side of Hudson Street generally south of the existing development known as Ichabod's Landing and the property known as the South Parcel that was formerly part of the GM site; and WHEREAS, on or about December 9, 2008, Sleepy Hudson Development, LLC, (Athe Applicant®) submitted a formal application for a Special Permit and Riverfront Development Concept Plan Approval for the redevelopment of the existing Castle Oil facility located along River Street within the proposed area to be rezoned (together with the Proposed Zoning Amendments constituting the "Proposed Action"); and WHEREAS, on or about January 6,2009, the Village Board did declare their intent to act as Lead Agency under the State Environmental Quality Review Act (SEQRA) and did circulate the proposed zoning amendments and initial environmental documentation to a list of interested and involved agencies and requested their input relative to coordinating the environmental review process; and WHEREAS, there was no objection as to the Village Board acting as Lead Agency under SEQRA; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Sleepy Hollow does hereby declare itself to be the Lead Agency under SEQRA for the Proposed Action. Moved: Trustee Schroedel Seconded: Trustee Carr Absent: Trustee Wompa Vote: 5 �Meeting Date: 12/08/2009 Resolution #: 12/218/2009 Whereas, the Police Chief, having reviewed and verified the information in the Village of Sleepy Hollow Towing Application, has recommended that Stiloski's Automotive be awarded the Village of Sleepy Hollow towing license, subject to the conditions set forth in the Towing Application, Now, therefore, be it resolved that the Village Board of Trustees hereby awards Stiloski Automotive the towing license for the period of January 1,2010 to December 31, 2010. Moved: Trustee Carr Seconded: Trustee Stupel Absent: Trustee Wompa Abstained: Trustee Schroedel Vote: 4-0 �Meeting Date: 12/08/2009 Resolution #: 12/219/2009 BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow extend the current agreement with interim assessor Fred Gross to December 31, 2009. Moved: Trustee Campbell Seconded: Trustee Schroedel Absent: Trustee Wompa Vote: 5-0 �Meeting date: 12/08/2009 Resolution #: 12/220/09 RESOLUTION TO ADOPT LOCAL LAW NO. 8, 2009 entitled Code of Ethics Whereas, the Board of Trustees noticed a public hearing to hear and consider comments as to whether the Village should adopt a local law to update Code of Ethics; and Whereas, said public hearing was held on December 8, 2009 and members of the public were invited to be heard; and Whereas, after considering all comments made at said hearing, discussing and considering whether adopting such a local law would be in the best interests of the Village and finding that it would in the best interests of the Village of Sleepy Hollow to adopt such a local law; NOW, THEREFORE, be it resolved the Board of Trustees hereby adopts Local Law No. 8 of 2009, entitled Code of Ethics, to replace the provisions of the existing code of ethics; effective immediately upon filing with the Office of Secretary of State of the State of New York. The Village Clerk is hereby directed to file a certified copy of this resolution, together with a copy of the Local Law, with the Office of the Secretary of State of the State of New York. Moved: Trustee Schroedel Seconded: Campbell Vote: 5-0 �CHAPTER 19 ETHICS. COPE OF [HISTORY: Adopted by the Board of Trustees of the Village of Sleepy Hollow in 3-5-1991 as L.L. No. 1, 1991. Amendments noted where applicable.] §19-1 Legislative authority. Pursuant to the provisions of §806 of the General Municipal Law, the Board of Trustees of the incorporated Village of Sleepy Hollow, Westchester County, New York, recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this chapter to promulgate these rules of ethical conduct for the officers and employees of the Village of Sleepy Hollow. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Sleepy Hollow. The rules of ethical conduct of this resolution, as adopted, shall not conflict with but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. $19-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: INTEREST A pecuniary or material benefit accruing to a municipal officer or employee, unless the context otherwise requires. MUNICIPAL OFFICER OR E M P L O Y E E An officer, employee or volunteer of the Village of Sleepy Hollow, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. §19-3 Standards of conduct. Every officer or employee of the Village of Sleepy Hollow shall be subject to and abide by the following standards of conduct: A. Gifts. He shall not, directly or indirectly, solicit any gift, or accept or receive any gift having a value of $25 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or could reasonably be expected to influence him in the performance of his official duties or was intended as a reward for any official action on his part. B. Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest. �Representation before one's own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or before any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee. D. Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of his municipality whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. E. Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village of Sleepy Hollow, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees, shail publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation. F. Investments in conflict with official duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction which creates a conflict with his official duties. G. Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties. i± Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village of Sleepy Hollow, in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. §19-4 Claims against Village. Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the incorporated Village of Sleepy Hollow, or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. �£ §19-5 Distribution of copies. The Mayor of the Village of Sleepy Hollow shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village of Sleepy Hollow within 30 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. §19-6 Penalties for offenses. In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this chapter may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. � 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-2009 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_2009-12-08 Subject The topic of the resource Board of Trustees Minutes-2009 Date A point or period of time associated with an event in the lifecycle of the resource 2009 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