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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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