https://sleepyhollow.localarchives.org/files/original/76633b8411a5c58621b02e05487399cd.pdf 6f88cbe1dca8cb810adbe3490f3dc62c PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, November 2, 2010 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela David L. Schroedel Karin T. Wompa Barbara J. Carr Bruce R. Campbell Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sean McCarthy, Village Architect Rich Gross, General Foreman There was a, Executive Session 6:00pm to discuss a personnel matter. Mayor Wray called the work session to order at 7:25 p.m. TREE PERMIT APPEAL - Jane Berger and William Seltzer asked the Village Board to overturn a condition of their tree permit that requires the planting of two trees for every one being cut down. Ms. Berger believes that her property is well maintained with plenty of trees and should not have to plant two more trees on it. Ms. Berger submitted materials that support her case (attached). CDBG CONTRACTS - The Mayor informed the Board that Westchester County, in response to a settlement of a Federal law suit related to fair housing, has made changes to its Community Development Block Grant contracts. The new wording in the contract is intended to persuade Villages to comply with the terms of the settlement. Mayor Wary noted that Sleepy Hollow already complies with the settlement by having an adequate amount of affordable housing. EFFICIENCY GRANT APPLICATION - Efficiency grant applications are due in early December. Mr. Giaccio asked the Board for suggestions on what to apply for. Trustee Campbell recommended applying for a public access television station with Tarrytown. Trustees Wompa asked if it were possible to apply for an inter-municipal transportation system. �SPECIAL SESSION At 7:55, on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved into special session. Resolutions - See attached At 8:04, on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved out of special session. At 8:05 p.m. the meeting was adjourned. Respectfully submitted, Anthony Giaccjfo Village Administrator �For Village Administrator Anthony Giaccio Materials Supporting Letter of October 18, 2010 To the Village of Sleepy Hollow Board of Trustees From Jane Berger and William Seltzer 12 Kingsland Road Sleepy Hollow �Robert and Susan Centra 10 Kingsland Road Sleepy Hollow, NY 10591 Village of Sleepy Hollow Board of Trustees 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: 12 Kingsland Road (Berger-Seltzer Residence) Dear Members of the Board of Trustees We are writing regarding the Tree Conservation regulations and the provision included in the recent tree removal permit granted to Jane Berger and William Seltzer, our southern-adjacent neighbors at 12 Kingsland Road. We understand and fully appreciate the intention of the provision to replace removed mature trees with new trees. However, the Berger-Seltzer residence and its lush plantings of trees and perennial shrubs should be considered. The residence is beautifully landscaped; "Green" in all respects and produces a tremendous amount of shade in our yards. We are outraged by this provision and firmly opposed to additional trees being planted south of our yard. It is difficult to grow much more than moss in our yard already, due to the existing shade from all of the trees. Please reconsider this provision, based on the actual Berger-Seltzer setting and amount of shade the property already casts on neighborhood lawns. Sincerely, Susan Centra Robert Centra �TOM SCHUMACHER 2 LAKEVIEW AVENUE, SLEEPY HOLLOW, NY 10591 845.652.0921 shoeyl 8@mac.com October 29,2010 Village of Sleepy Hollow Board of Trustees Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Dear Board Members, I'm writing this letter in lieu of being present this evening to show my support of my neighbors, Jane Berger and Bill Seltzer. Jane and I share a love for landscaping and are frequently out in our yards working at the same time. Over the three years we've lived on Lakeview Avenue I've come to regard her as a knowledgeable and reliable sounding board for my planting ideas and she's even shared her extra plants and shrubs with me, giving them a good home instead of just throwing them away. To call Jane and Bill good stewards of their land is an understatement. I've often marveled how their small property is so full of native flowers, shrubs and trees but doesn't feel over planted as many yards do when left in the hands of landscapers. While the property is shady, it still maintains a wonderful balance of flowering and shade-loving plants and shrubs. I know that Jane and Bill have worked hard and spent considerable time and effort to achieve this balance and it would be safe to say that no one knows their yard better than they do. That's why I find the Tree Commission's decision to require them to replace the tree they removed, one that was determined by an accredited arborist to be a hazard to both their home and to our surrounding homes, with two mature evergreens, curious. This feels like an arbitrary enforcement of Section 52A-1, a decision that was made by rubber stamp as opposed to considering the actual property that's this ruling affects, in fact, this ruling could result in the very same situation occurring with one or both of the replacement trees in the future and that seems short-sighted to me. As I said in my opening, if I wasn't out of town, I would be here in person to deliver this message. I hope that you'll rule in their favor and show that governance is sometimes not black and white. P.S. I've included photos of Jane and Bill's property to bring a frame of reference to this discussion and show that their existing plantings are already in accordance with section 52A-1 policy of "providing shade, reducing the need for air conditioning, absorbing air pollution and providing oxygen to the air and reducing erosion and flooding." �Meeting Date: Resolution: 11/02/2010 11/161/2010 BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow ratifies the attached agreement dated October 27, 2010 by and between the Village of Sleepy of Hollow and the Local 456, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Moved: Trustee Capossela Seconded: Trustee Schroedel Vote: 6-0 Cteffe/Depufcy Oerk, do' hereby certify that the foregoing is a true espy of ®n extract duly adopted by the Board of Trustees of the Village of Sleepy Hollow, on the . i W day of . 20 / O 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. AH WITNESS WHEREOF, I have hereunto set my hand and official sssl m% 3 f J - day of i U O Y ^ s - M ^ ^ , 2 0 / o . �Memorandum of Agreement This AGREEMENT dated October.27, 2010 by and between the Village of Sleepy Hollow ('the Village") and Local 456, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("the Union").. WHEREAS, the Union filed a grievance dated July 16, 2009 alleging that the Village violated Article IV (7) of the collective bargaining agreement when it denied John Korzelius out-of-titie pay; and WHEREAS, the Village denies these allegations; and WHEREAS, an arbitration hearing was commenced on October 27, 2010; and WHEREAS, the parties wish to resolve the pending grievance filed in an amicable way without the uncertainties, costs and risks of continued litigation; NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. The grievance is withdrawn, with prejudice. 2. Korzelius shall be paid $2,000, less applicable taxes and withholdings. 3. Even though it has entered into this Agreement, the Village continues to assert that it had the right to take the actions that led to the grievance and that it would prevail if tried before an arbitrator. Likewise, even thought it entered this Agreement, the Union continues to assert that the Village did not have the right to take the actions that led to the grievance and that it would prevail if tried before an arbitrator. 4. > This Agreement represents the totality of the parties' agreements regarding the issues involved in this grievance. There are no other agreements, oral or • otherwise. 5. Korzelius enters into this Agreement knowingly and voluntarily and acknowledges that he, has been fairly represented by the Union throughout the negotiation of this settlement. 6. This Agreement is contingent upqn the Village posting, pursuant to Article XIII (4), a job opening for the position of Park Foreman within two weeks following the ratification of this Agreement. In the event that the job opening is not posted within this time frame, this Agreement shall be nulliind void and the Union may, within one week, notify the arbitrator in writing that it wishes to proceed with the arbitration hearing. The parties agree that the arbitrator shall retain jurisdiction for this purpose. �1. This Agreement shall be subject to ratification by the Village Board and will be presented to the Board on November 2, 2010. In the event that the Board does not approve this Agreement, then this Agreement shall become null and void and no adverse inference shall be drawn against either party by virtue of having entered into it. FOR THE VILLAGE: DATED: �Meeting Date: 11/02/2010 Resolution #: 11/162/2010 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow to approve posting of Park Foreman position. WHEREAS, there is a vacancy in the Department of Public Works for the position of Park Foreman and, WHEREAS/ Union contract requires that the Village post this position in english and spanish for ten days in a location accessible to all Department of Public Works employees and, WHEREAS, any Department of Public Works employee who is interested in applying for said position, shall indicate such interest in writing to the General Foreman within the posting period, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow approve the posting of the Park Foreman position for ten consecutive days effective November 3, 2010. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 �Meeting Date: Resolution #: 11/02/2010 11/163/2010 BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of Arlene Morel, from Yorktown Heights, NY to the Finance Department as Payroll Clerk at an annual salary of $52,000.00 effective November 8, 2010. FURTHERMORE, said appointee is subject to a probationary period of twelve to fifty-two weeks and subject to the approval of Westchester County Civil Service. Moved: Trustee Wompa Seconded: Trustee Stupe! Vote: Unanimous �Meeting Date: Resolution #: 11/02/2010 11/164/2010 BE IT RESOLVED, that the Mayor and the Board of Trustees of the Village of Sleepy Hollow, overruled a tree permit condition requiring two Evergreen trees be planted at 12 Kingsland Road. Moved: Trustee Campbell Seconded: Trustee Carr Vote: Unanimous � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-11-02 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text