https://sleepyhollow.localarchives.org/files/original/4f6d10c37efa5b78bcf3eb338be94311.pdf c61c8f11bd30d2c04904bc7954f12ba3 PDF Text Text ^ The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, July 8, 2014 at Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow, New Yorl<. Present: Mayor Kenneth G. Wray Deputy Mayor Jennifer Lobato-Church Evelyn Stupel Bruce Campbell Glenn Rosenbloom Karin Wompa Dorothy Handelman Trustees Also Present: Anthony P. Giaccio, Village Administrator Sara DiGiacomo, Treasurer Rich Gross, General Foreman Greg Camp, Police Chief Janet Gandolfo, Village Attorney Patrick Haggerty, Fire Chief At 7:00 p.m. Mayor Wray called the meeting to order with a pledge to the flag and a moment of silence for the passing of Alex Rosado, Richard Maki and Eileen Williams. Mayor Wray announced that resolution R5 will be tabled. Approval of Warrant: A motion was made by Deputy Mayor Lobato-Church, seconded by Trustee Rosenbloom to approve warrant 14JUL08 in the amount of $285,002.06. Motion carried 6-0. Approval of Minutes! Deputy Mayor Lobato-Church recommended changes to the July 24, 2014 minutes. A motion was made by Deputy Mayor Lobato-Church, seconded by Trustee Campbell, to approve the June 24, 2014 minutes as amended. Motion carried 6-0 The Board discussed amending the July 1, 2014 minutes. A motion was made by Trustee Wompa, seconded by Deputy Mayor Lobato-Church, to approve the July 1, 2014 minutes as amended. Motion carried 5-0-1 (Rosenbloom abstained) Mayor's Announcements: None Administrator's Report: See attached �Department Head Reports! Fire Chief, Patrici< Haggerty gave a report on the Fire Department. Chief Haggerty provided the Board with statistics from the month of June. The call volume is about average. There was a lengthy discussion about encouraging new members. The Board asked Chief Haggerty to recommend incentives that would attract new members. Police Chief, Greg Camp gave a report on the Police Department. Chief Camp thanked the Village Board for recognizing Officer Vincent Lombardi's years of service to the Village as well as his police dog Gunner. Chief Camp provided statistics for the month of June. There have been several accidents on Route 9. Discussion ensued. General Foreman, Rich Gross reported on the Department of Public Works. The DPW is repairing sidewalks to eliminate trip and fall hazards. Tree trimming and tree removal is on-going. Curbs are being installed on New Broadway. Paving will begin in August. Pot holes have been filled. Residents should properly dispose of loose brush and leaves. Public Comments: Mario Belanich said that the Board should know how much the library roof will cost before the project is approved. Resolutions: - See attached Public Comments: Library Director, Maureen Petry thanked the Board for approving the library roof. Mario Belanich recommended that there be a suggestion box at Village Hall. Executive Session: On a motion made by Trustee Wompa, seconded by Trustee Handelman and carried unanimously, the Board moved to executive session to discuss legal matters. On a motion made by Trustee Stupel and seconded by Trustee Campbell and carried unanimously the Board moved out of executive session. At 9:15pm, on a motion made by Trustee Campbell and seconded by Trustee Stupel and carried unanimously, the meeting was adjourned. Respectfully Submitted, Anthony^Sraccio ^ Village Administrator �^ ADMINISTRATOR'S REPORT Julys, 2014 1: Con Ed Work: Con Edison has started gas line improvements on Depeyster Street. Residents may contact me at 914-366-5105 if their property is not restored to its original condition. 2: Fireworks: This year's fireworks were very successful. There were concerns about the weather, but everything worked out. The biggest concern was the wind, but precautions were taken. No incidents were reported. 3: Draft EMS Study: I have received a preliminary draft from the consultant working on the EMS study. A few items are still outstanding, so a draft is not yet complete. It should be completed within a week or two for review by the Village Board. 4: NEA Grant Denied: Unfortunately, the NEA grant that we applied for in January was denied. We still have other grant requests for this project pending. 5: Tarrytown Recreation Meeting: I met with Mike Blau yesterday to work on the recreation shared services initiative. We have started to put together some financial information for the committee. Once we completed compiling information we'll schedule another meeting with the Committee. 6: Sleepy Hollow Environmental Advisory Committee: The new Sleepy Hollow Environmental Advisory Committee will hold its second meeting on Monday. July 7, 2014 at 6:00pm at Sleepy Hollow Village Hall. 7: AECOM Issue: Sean McCarthy and I will be meeting with AECOM tomorrow to discuss a problem AECOM is having with some properties that they are remediating. Some properties have illegal conditions that need to be corrected. AECOM does not correct illegal conditions unless they are in areas that need to be remediated. But Sean cannot issue a CO with these illegal conditions, so it's a catch 22 situation. Hopefully we can figure something out moving fonA/ard. �RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW APPROVING REPAIR FOR LIBRARY ROOF Whereas, the Board of the Warner Library (library) has requested the Village of Sleepy Hollow (VSH) approve repairs to the roof to the library premises; and Whereas, the exact cost of said repairs is not known at this time but funds for said costs are intended to be borrowed; and Whereas, the Village of Tarrytown (VT) intends to include the cost of the repairs in its 2014-2015 capital budget which is scheduled for adoption in the near future; and Whereas, the library has requested VSH pay its proportionate share of the debt incurred by VT for the roof repairs for the duration of the outstanding debt; and Whereas, VSH's proportionate share will be determined according to the Agreement dated March, 25, 2014 between VT and VSH, Now, therefore, be it resolved the Board of Trustees of VSH agrees to pay its proportionate share of the debt incurred by VT for the roof repairs Move: Deputy Mayor Lobato-Church Second: Trustee Stupel Vote: 6-0 �RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW TO AUTHORIZE RETAINER OF VILLAGE COUNSEL Be it resolved tlie Board of Trustees (BOX) hereby authorizes the i^ayor to execute the attached retainer agreement for Village Counsel. Moved: Trustee Wonnpa Second: Trustee Stupel Vote: 6-0 �Janet A. Gandolfo, Esq. 174 Webber Avenue Sleepy Hollow, New York 10591 Phone (914) 631-1235 Fax (914) 703-6466 janetgandolfo@gmail. com July 8, 2014 Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Retainer for Legal Services Dear Mayor and Board of Trustees, Firstly, I would like to state that I appreciate the opportunity I have been given to serve as Village Counsel. It is a job I truly enjoy and I have enjoyed serving with each and every one of you. I remain committed to serving the Village to the best of my abilities. The purpose of this retainer is to set forth the terms of employment. Other than the amount for payments made from escrow, all of the terms currently in place remain the same. If the terms are approved by resolution of the Board of Trustees, please have the Mayor execute it and return to Anthony Giaccio at your earliest convenience. The Village will pay me a flat fee retainer to cover all Basic Services (as defined herein) in the amount of $80,000, payable in equal monthly installments. The Village will, in addition, provide me with credit toward my retirement benefits under the New York State Retirement System. I will also be eligible to enroll, at my sole cost, in the Village's health insurance plan. 1 will receive no other benefits. Basic Services include (!) attendance at all Board of Trustee meetings; (2) organization and general oversight of the Village Legal Department; (3) preparation of resolutions requiring legal input or for other resolutions upon request; (4) drafting local laws; (5) drafting contracts and other necessary legal documents; (6) providing general legal advice and opinions to the Mavor, Trustees, Administrator, Clerk, Treasurer and other department heads and employees; (7) coordination of all legal matters with Special Labor and Employment Counsel and outside litigation counsel employed by the insurance company and (8) defense of all tax proceedings. �Page 2 Payments for Planning and Zoning Board matters will be paid from escrow fees, if any paid by applicants. Those fees will be paid at the rate of $200 per hour. In the event there is no escrow fund established for a particular applicant, then my services will be considered as part of Basic Services. In cases in which representation is not provided by the Village's insurance carrier, I will recommend counsel and assist the Mayor or Administrator in negotiating an appropriate fee arrangement with an attorney retained by the Village. If I represent the Village in litigation (other than tax certiorari matters) I agree my rate will be $150/hour (the current rate). The Village will reimburse me for expenses I incur on Village business that are not directly paid or incurred by the Village. In the event that a dispute arises between us relating to our fees. The clients agrees to arbitrate the dispute pursuant to Party 137 of the Rules of the Chief Administrator of the Court. This Agreement has been executed in duplicate originals, one original for each party. I have attached a copy of a Statement of Clients Rights for your information. Again, thank you for allowing me to serve you. Jy yours, J'Mi Gandolfo .lAJu.vm Enc. �STATEMENT OF CLIENT'S RIGHTS 1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer's office. 2. You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter Is being handled, you have the right to discharge your attorney and terminate the attorney-client relationship at any time. (Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.) 3. You are entitled to your lawyer's independent professional Judgment and undivided loyalty unconnpromised by conflicts of Interest. 4. You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after connmencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter Into any arrangement for fees and expenses that you find unsatisfactory. In tlie event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary Information regarding arbitration in the event of a fee dispute, or upon your request. 5. You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications. 6. You are entitled to be kept reasonably Informed as to the status of C O U R T H ELP �RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW TO AUTHORIZE RETAINER OF LABOR COUNSEL Be it resolved the Board of Trustees (BOX) hereby retains labor counsel pursuant to the attached retainer agreement. Moved: Trustee Handelman Seconded: Trustee Rosenbloom Vote: 6-0 �June 23, 2014 Hon, Kenneth Wray Village of Sleepy Hollow 28 Beekman Avenue - 2"'' Floor Sleepy Hollow, NY 10591 Dear Mayor Wray: Thank you for your interest in continuing our retention as the Village's special labor counsel. This letter will confirm the scope and terms of our continuing representation and will ensure that we continue to have a clear understanding of these matters as we proceed into our new agreement. 1. Scope of Engagement The scope of this representation will continue to include serving as the Village's special counsel effective June 1, 2014. The scope of our engagement may change if the Village asks the Firm to provide different services and the Firm agrees in writing to provide them or the Firm proceeds to provide them and bills the Village for them. If the Firm's engagement changes, the terms set out in this letter will apply to the changed engagement, unless the Firm sends the Village a further letter modifying or superseding this one. 2. Responsibility and Team Members We will continue to represent you by using lawyers who are best suited to handle issues as they arise. We will continue to do everything we can to staff your work efficiently so that the charges you incur are reasonable and consistent with your requirements. Alyson Mathews and I will continue to be the attorneys primarily responsible for handling the Village's matters. �3. Keeping You Informed The Firm continues to be committed to keeping the Village infomied about our work on any matters assigned to us. This includes continuing to let the Village know who is working on matters assigned to us, updating the Village on the progress of those matters, advising the Village of any potential problems or delays, and keeping the Village notified of costs. To this end, the Firm will continue to provide the Village with a report on the status of matters assigned to us as regularly as the Village requires. In the event that the Village needs to reach one of our attorneys and the person sought is unavailable, please leave a message describing the nature and urgency of the inquiry. It continues to be the Firm's policy to promptly respond to all inquiries. 4. Fees, Expenses and Billings (a) Legal Fees Our fees for services will continue to be based upon a variety of facts, including the time and labor involved; the difficulty of the questions and the skill required to perform those services properly; time limitations imposed either by the Village or by the circumstances; the nature and length of the professional relationship between us; and the experience of the lawyers assigned to do the work. The hourly billing rates for attorneys and paralegals in our Firm vary and are readjusted periodically. We have agreed to cap our hourly rates at a special discounted rate of $295 per hour for my time, $275 per hour for partners' or counsels' time, $225 per hour for associates' time, and $ 150 per hour for recent law graduates', legal intems', summer associates' and paralegal assistants' time. It is understood that our Firm regularly reviews and adjusts its rates each year, and that any change in our rates will be made only upon prior notice to the Village. We will continue to bill our time in quarter-hour (four to an hour) increments. These rates do not include any amounts that may be added to a particular invoice for disbursements and charges. (b) Disbursements and Charges The Village will continue to be responsible for reasonable costs and expenses incurred. These costs and expenses may include charges for messenger services or overnight delivery, emergency secretarial overtime specifically generated by and resulting solely from your emergency needs, court fees, travel expenses, postage for large mailings, long distance telephone, computerized legal research, investigative work and other charges customarily invoiced by law firms in addition to fees for legal services. Extraordinary or significant out-of-pocket expenses (e.g., for transcripts, experts, or consultants) may be directly billed to the Village by the provider �of those services. We will continue to not charge for routine telephone calls, faxes, copies and postage. (c) Billing Arrangements Statements of fees, disbursements and charges will continue to be sent to the Village by the Firm on a monthly basis, with payment to be made within 30 days of receipt of the invoice. Please note that the Firm reserves the right to impose a late charge at the rate of 12 percent per annum on past due accounts. If the Village anticipates that payment will be delayed, please discuss this delay with me at the earliest possible opportunity. If the Village has any questions regarding an invoice, please contact me so that I can try to promptly answer them. 5. Communication Technology We continue to be mindful of our obligation to safeguard our clients' proprietary, sensitive, or otherwise confidential information. To this end, it is important that we continue to agree on the kinds of communication technology which will be employed in the course of this engagement. If there are particular forms of communication technology that the Village does not wish us to use, or if there are other specific safeguards that the Village would like us to put in place, please promptly advise us. If the Village does not so advise us, we will continue to assume that the Village has given consent to, and accepted any risks attendant upon, the use of any means of communication that we deem to be appropriate (including cell phones, electronic mail, and facsimiles). 6. Files Generally, the Firm retains clients' files for at least seven years after conclusion of the matter for which representation was provided. However, once the matter has been concluded, the Village may take possession of the files at any time by delivering a written and signed request to the Firm. If, upon the expiration of seven years after conclusion of the matter, no request has been received, the Firm reserves the right to destroy the files without further notice to the Village. 7. Questions and Termination The Firm has procedures to address any issue that the Village would like to raise, and we encourage the Village to inform us if at any time our services do not meet your expectations. We will continue to strive to promptly address any problem and in a professional manner. �I look forward to continuing our professional and personal relationship with the Village! Very truly yours, Richard K. Zuckerman RKZ/z READ AND AGREED TO: VILLAGE BOARD, VILLAGE OF SLEEPY HOLLOW By: �RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW TO AUTHORIZE RETAINER FOR PLANNING CONSULTANT Whereas, the Board of Trustees (BOT) hereby authorizes the Mayor to execute the attached retainer agreement with Planning & Development Advisors to perform Planning consultant services for the Village. Move: Trustee Stupel Second: Trustee Handelman Vote: 6-0 �Planning & Development Advisors June 22, 2014 Hon. Kenneth Wray, Mayor Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Planning Retainer Services Dear Mayor Wray, As per our discussion from last v\/eek, provided herewith is a retainer agreement for the provision of planning services to the Village of Sleepy Hollow. As noted below, I have been providing planning services to the Village through one of its most important eras of development to date, including the review and approvals of County House Road, Ichabod's Landing, Kendal on Hudson, Phiiipse Manor Restoration expansion, Phelps Hospital expansion. General Motors, Castle Oil redevelopment. Valley Street senior housing, wireless location plan, recreation study and the on-going reviews related to the expansion of the Village's reservoir system. Planning & Development Advisors (P&DA) looks forward to assisting the Village as it begins to move forward with the next significant phase of redevelopment related to the General Motors property, the East Parcel, the South Parcel and the Village DPW. Proposed Scope of Work: P&DA would, at the request of the Village on an on-call basis, and with coordination with the Village Board, Planning Board, other Boards and Commissions (V\/aterfront, etc.) and Village staff serving the Village, typically provide the following, as appropriate: • on-call projects and reviews, including but not limited to, rezoning applications; • project review and consultation with both the Planning Board and Village Board; • site plan and subdivision reviews; • overall coordination of the Riverfront Development special permit and project review related to the redevelopment of the former General Motors site, the South Parcel, East Parcel, DPW facility and overpass connecting the East and West Parcels; • assistance with the preparation of grant applications; preparation of environmental review documentation including Short Form EAF, Long Form EAF, Draft and Final Environmental Impact Statements and Environmental Findings; and, • attendance at meetings, public hearings and other presentations. In the event that the Village seeks to have the preparation of specific planning reports (e.g., Comprehensive Plan and or updates to the Village's Local Waterfront Development Program) P&DA could also provide that on an as needed basis. The following hourly fee schedule applies to services rendered as identified in the Proposed Scope of Work for personnel assigned to tasks: Principal: Technical/Support $150 $65 �The hourly rate schedule does not include items such as reproduction and printing of plans, documents and specifications which would be billed at our cost. Should you have any questions regarding the above or attached please fee! free to contact me directly 914552-8413. We look forward to continuing working with the Village of Sleepy Hollow. If this proposal is satisfactory, please indicate your acceptance in the space designated below. Kind Regards, David B. Smith Founding Principal Accepted by: Pjge 2 of 2 Date: �ADMINISTRATOR'S REPORT July 8, 2014 1: Con Ed Work: Con Edison has started gas line improvements on Depeyster Street. Residents may contact me at 914-366-5105 if their property is not restored to its original condition. 2: Fireworks: This year's fireworks were very successful. There were concerns about the weather, but everything worked out. The biggest concern was the wind, but precautions were taken. No incidents were reported. 3: Draft EMS Study: I have received a preliminary draft from the consultant working on the EMS study. A few items are still outstanding, so a draft is not yet complete. It should be completed within a week or two for review by the Village Board. 4: NEA Grant Denied: Unfortunately, the NBA grant that we applied for in January was denied. We still have other grant requests for this project pending. 5: Tarrytown Recreation Meeting: I met with Mike Blau yesterday to work on the recreation shared services initiative. We have started to put together some financial information for the committee. Once we completed compiling information we'll schedule another meeting with the Committee. 6: Sleepy Hollow Environmental Advisory Committee: The new Sleepy Hollow Environmental Advisory Committee will hold its second meeting on Monday, July 7. 2014 at 6:00pm at Sleepy Hollow Village Hall. 7: AECOM Issue: Sean McCarthy and I will be meeting with AECOM tomorrow to discuss a problem AECOM is having with some properties that they are remediating. Some properties have illegal conditions that need to be corrected. AECOM does not correct illegal conditions unless they are in areas that need to be remediated. But Sean cannot issue a CO with these illegal conditions, so it's a catch 22 situation. Hopefully we can figure something out moving forward. � 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-2014 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_2014-07-08_RES-101-104 Subject The topic of the resource Board of Trustees Minutes-2014 Date A point or period of time associated with an event in the lifecycle of the resource 2014 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