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                  <text>Minutes of the Board of Trustees
Village of Sleepy Hollow, New Yorlt
A work session of the Board of Trustees of the Village of Sleepy Hollow was held on
Tuesday, November 15, 2011, starting at 7:00 P.M. in the Boardroom at Village Hall, 28
Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Thomas Capossela
Trustee Bruce R. Campbell
Trustee Barbara J. CanTrustee David L. Schroedel
Trustee Evelyn R. Stupel
Trustee Karin T. Wompa

Also Present: Sean E. McCarthy, Village Architect
Janet A. Gandolfo, Village Attorney
Richard Gross, General Foreman
Mayor Wray started the work session at 7:04 P.M. by reviewing the agenda and
informing the Board that they will need to have an executive session to discuss a
personnel matter. The Mayor also announced that recreation department employee Danny
Gallagher's wife gave birth to triplets, two girls and a boy. The Mayor wished Danny and
his wife good luck.
WS-1 Presentation: Emergency Vehicle Response
Michael K. Wilbur and Tom Shannon are representing Emergency Vehicle Response, a
consulting firm hired by the fire department to review the specifications and bid
documents to replace the Columbia Hose fire apparatus.
Tom Shannon described their company, backgrounds, and the scope of their services. Mr.
Shannon indicated that they had reviewed the truck committee's requirements and
prepared 32 recommendations to the committee to be included into the bid specifications.
Mr. Shannon said that once the recommendations are incorporated into the specifications,
then the Village can go out for bids.
Michael Wilbur stated that they recommend going out to bid before the end of the year
since a cost increase is expected in the first quarter of next year. Mr. Wilbur stated that
the there will be a 50-60 thousand dollar difference in the bids; and it was the consultants
job to review the bids to make sure that each bid meets the bid specifications.

�The Mayor asked if the specifications have been prepared so that more than one
manufacturer can respond to the bid.
Tom Shannon responded that there is enough open areas in the specifications not to
"lock-out" any vendor.
The Mayor question what the fire apparatus manufacturing market was Hke.
Michael Wilbur stated it was soft.
Tom Shannon added that the manufactures that were producing 5,500 trucks per year are
now averaging about 3,000 trucks per year.
Trustee Wompa questioned if the price was negotiable.
Tom Shannon responded that the bid was a lump sum fixed price based on the engineered
vehicle; and that the Village could negotiate alternates after the bid is accepted.
Trustee Stupel questioned why the prices are going up.
Tom Shannon replied that new EPA and Federal Government safety and emissions
requirements have added to price increases. Mr. Shannon added that manufactures have
not raised prices in the last two years.
The Mayor asked how many vendors are expected to bid.
Tom Shannon replied that 3-5 vendors are expected.
Trustee Schroedel questioned if the prices are expected to go up after the first of the year
or after the first quarter of next year.
Tom Shannon replied that all prices will be going up 5-7%, or greater, after the first of
the year.
Trustee Schroedel questioned how long the selected vendor will have to deliver the truck.
Tom Shannon relied that the vendor has 270-330 days to deliver the truck.
Trustee Carr asked if the specifications are standard or if there are special tools that the
Village needs.
Tom Shannon responded that the specifications are based on what the Village of Sleepy
Hollow needs, but that the specifications are not "one of a kind". Mr. Shannon stated that
all of the components are standard, and nothing is unusual. Mr. Shannon added that there
are items specified as options and have been included separately so as not to discourage
bidders.

�Trustee Campbell inquired if the options are included in the lump sum price.
Tom Shannon responded that the options are listed separately so each item can be
identified.
Michael Wilbur gave an example of how the bids are reviewed and compared to the bid
specifications.
Chief John Korzelius summarized the work of the truck committee and work that the
consultants performed to get truck specification ready to bid.
The Mayor stated that the Board will need to pass a resolution authorizing the request for
bids. The Mayor asked Village Attorney Gandolfo to prepare a resolution for
consideration at the end of the meeting.
Trustee Schroedel concluded by complimenting the Fire Chief and the Fire Department
for the thorough job they did researching, preparing the truck specifications, and hiring
the consultants.
WS-2 Discussion: Tree appeal- 3 Lakeshore Close
Richard Giordano introduced himself as the owner of the property and stated that he was
appealing the tree committee's denial to remove two trees on his property. Mr. Giordano
described the trees as two Dawn Redwood trees, approximately 75 feet high and are
located adjacent to his driveway, about 15-20 feet from the house. Mr. Giordano stated
that there were originally three trees but one was removed because it destroyed a drain
pipe. Mr. Giordano stated that the roots of the two remaining trees are damaging the
driveway and drain pipe.
Deputy Mayor Capossela questioned if one tree had been removed already.
Mr. Giordano responded yes, that the roots damaged the drain, requiring the pipe to be
replaced.
Trustee Stupel asked if an arborist report was submitted.
Mr. Giordano responded that he did have a report. Mr. Giordano stated that the arborist
reviewed cutting the tree roots but could not guarantee that he tree would survive. Mr.
Giordano added that the tree could fall on the house and damage the driveway and drain
pipe. Mr. Giordano concluded by stating that the trees are potentially costly and
dangerous.
The Mayor questioned if the work to repair the drain could proceed.

�Mr. Giordano stated the work could be done but the tree roots would be damaged.
The Mayor clarified that the arborist could not guarantee the life of the tree and that the
tree would become top heavy when the roots are cut to repair the drain pipe.
Trustee Campbell questioned how old the trees are.
Mr. Giordano responded that the trees were probably planted when the house was built in
the 1960's.
The Mayor questioned what type of species the trees are.
Mr. Giordano responded that the trees are Dawn Redwoods; adding that he likes the trees
but they are just too close to the house.
Deputy Mayor Capossela stated that the Dawn Redwood species grow very rapidly.
Trustee Stupel questioned if the trees have a deep root system.
Deputy Mayor Capossela replied that the root system is shallow and wide.
The Mayor questioned if both trees need to be removed.
Deputy Mayor Capossela stated that he was in favor of removing the trees. Deputy
Mayor Capossela added that he has seen the trees and was ready to vote on the matter.
The Mayor stated that the Tree Committee did deny the permit and would like to hear
from the committee.
Shelly Robinson stated that the trees are spectacular, unusual, healthy, and beautiful.
There was an open discussion regarding the location of the trees and damage to the
driveway.
Trustee Schroedel questioned if the tree species was native.
Richard Gross stated that the decision is, "the trees versus the driveway". Mr. Gross said
that he originally did not approve the permit but changed his vote after he inspected the
property the second time. Mr. Gross explained were the trees were located, and said that
he could see where the tree roots were starting to damage the driveway. Mr. Gross added
that the property has a high water table and the roots are growing towards the water.
Trustee Schroedel questioned if there is a danger to the house if the roots are cut.
Richard Gross replied that the trees are 15 feet from the house and that there was a
danger to the house, property and life.

�Shelly Robinson requested that an independent arborist should be hired to review the
condition of the trees.
Rosalie Giordano explained that an arborist did inspect the trees and suggested midgation
measures; however, the arborist could not guarantee that the trees would not fall on the
house.
An open discussion continued regarding the tree roots, the drain pipe and the water table.
Trustees Stupel and Carr requested to see the arborist's report.
The Mayor concluded by requesting that Mr. Giordano submit a copy of his arborist's
report for the Board to review; and that the Board will take action quickly.
WS-3 Discussion: Fremont Pond
The Mayor stated that there has been a question raised about the ownership of Fremont
Pond. The Mayor announced that documents have been found in Village Hall that
indicates that the property was transferred from the Town of Mount Pleasant between
1999-2000. The Mayor added that the process was sloppy but it is clear that the Village
owns the property. The Mayor said that Ms. Gandolfo will follow up on the things that
need to be done to make sure the records are complete. The Mayor indicated that the
ownership information allows the Village to begin planning improvements for the
property.
Ms. Gandolfo stated that the Village has a copy of the deed but that the document was
never filed with the Westchester County Clerk's office. Ms. Gandolfo stated that the
Village can have the Town Supervisor sign a new deed and proceed to have the document
properly filed.
Trustee Stupel questioned if the property transfer is null and void.
Ms. Gandolfo responded that the property transfer, including two smaller parcels, was
approved by resolution of the Town Board.
The Mayor concluded by stadng that the Village needs to establish better procedures to
identify documents and files in Village Hall.
WS-4 Discussion: Code revisions
Ms. Gandolfo stated that the Village Code contains several chapters that are no longer
applicable or are superseded by State Law. Ms Gandolfo suggested the deletion of these
chapters.

�Ms. Gandolfo reviewed the following chapters:
Chapter 37-Shopping Carts. Ms. Gandolfo stated that this chapter was created because
people were taking home carts and leaving them on the Village streets. Ms. Gandolfo said
that this is not a problem anymore and suggested deleting the chapter.
Chapter 13- Public Property. Ms. Gandolfo stated that this chapter is covered by State
Law and suggested deleting the chapter.
Chapter 40- Disorderly Conduct. Ms. Gandolfo stated that this chapter is covered by
State Law and suggested deleting the chapter.
Chapter on Cable Communications. Ms Gandolfo stated that this local law has become
absolute due to the cable franchise agreement.
Chapter 7- Bathing Suits. Ms. Gandolfo stated that this law was created in 1937 and is no
longer practicable.
Chapter 75- Garbage and Refuse Collection Rules and Regulations. Ms. Gandolfo
suggested that revisions to this chapter should wait until the study on the garbage and
refuse is completed.
Chapter 52A- Tree Committee. Ms. Gandolfo stated that the parks and recreation
committee is reviewing the Tree Code and will be making recommendations to the Board
of Trustees.
Chapter 50B- Taxation. Ms. Gandolfo explained that the State adopts tax increase limits
on tax abatements for rent controlled apartments, senior citizen exemptions, and veteran's
exemptions. Ms. Gandolfo stated that every year the Village has a public hearing to set
the cap on these exemptions. Ms. Gandolfo suggested revising the Code to adopt
whatever the State adopts each year.
Chapter 19C- Filming. Ms. Gandolfo informed the Board that the Village Clerk provided
them with copies of filming ordinances from other municipalities; and suggested the
Board members review the codes and make suggestions to the Village staff. Ms.
Gandolfo recommended reviewing the code from Rye Brook, stating that the ordinance
applies to filming on both public and private property.
Chapter 29- Hawking, Peddling and Soliciting. Ms. Gandolfo described the current
ordinance as archaic and that the proposed changes to the chapter would give the police
chief more authority, require background checks for solicitors, and require solicitors to
abide by homes placarded with "No Soliciting" signs.
The Mayor added that political notices and campaigning would not be effected by the
revisions.

�Ms. Gandolfo summarized by stating that more than 70% of the Code is now on the
Village web site, and by the end of the month the entire Code with revisions will be
online. Ms. Gandolfo stated that a public hearing to review all of the code changes will
take place in early January.
Trustee Schroedel requested that the Webber Park tag sale add be removed from the
Village television scroll and be replaced with a notice regarding the code revisions.
Announcements
Trustee Wompa announced that there will be a meeting to discuss the possible closing of
the Post Office on Thursday at 6:00 PM at Village Hall. Ms. Wompa stressed the
importance of the Post Office in the Village and encouraged the residents to come to the
meeting and show support for the Post Office.
Deputy Mayor Capossela announced that there will be a special sanitation schedule next
week. Monday will be regular pickup; Tuesday will be regular pick up; Wednesday will
be recycling; and Friday will be garbage pickup Village wide.
The Mayor announced that there would not be a meeting next week and wished everyone
a Happy Thanksgiving.
On a motion by Trustee Campbell, seconded by Trustee Wompa and carried
unanimously, the Board went into executive session.
At 8:13 P.M. the Board came out of executive session.
The Mayor stated that the Board discussed personnel matters and litigation, and no votes
were taken.
On a motion by Trustee Carr, seconded by Trustee Campbell and carried unanimously,
the Board went into Special Session.
R-1

Resolution to hire two DPW seasonal employees.

Deputy Mayor Capossela read the prepared resolution.
Trustee Carr requested that the term of employment be limited to four months.
The Mayor amended the resolution to include the term of four months; and that if the
employees are still needed at the termination date that a new resolution would be
required. The Mayor added that the one of employees lives in the Village and the other
employee formally lived in Sleepy Hollow and now lives in Ossining.

�On a motion by Trustee Stupel, seconded by Trustee Campbell, the resolution was
unanimously approved.
R-2

Resolution to advertise for fire apparatus bids.

Village Attorney Gandolfo read the prepared resolution.
On a motion by Trustee Schroedel, seconded by Trustee Campbell and carried
unanimously, the resolution was unanimously approved.
On a motion by Trustee Campbell, seconded by Trustee Carr and carried unanimously,
the Special Meeting was adjourned.
At 8:17 P.M. the Mayor adjourned the work session.

Respectfully submitted,

Sean E. McCarthy, Village Arclufect

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