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                  <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, September
23, 2014 Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Deputy Mayor Jennifer Lobato-Church
Bruce Campbell
Dorothy Handelman
Glenn Rosenbloom
Evelyn Stupel
Karin Wompa, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy Tompkins, Village Clerk
Janet Gandolfo, Village Counsel
Sean E. McCarthy, Village Building Inspector
Gregory Camp, Police Chief
Absent:

Kenneth G. Wray, Mayor

At 7:08 p.m. Deputy Mayor Lobato-Church called the meeting to order with a pledge to the
flag and a moment of silence for David Gross, a longtime resident.
Public Hearing: Regulations of the Zoning Code to redraw the westerly boundary
line of the R-2 zoning district
Deputy Mayor opened the meeting to the public and evoked the 3 minute rule.
Village Clerk read the notice aloud for the record.
Village Attorney, Janet Gandolfo, explained the resolution in front of the Board this evening is
to consider a proposed local law, along with SEQRA findings and coastal assessment form.
It is ready to be adopted if the Board chooses to do so tonight. Ms. Gandolfo stated that any
future requests for chances that are not currently in use must go in front of the Board of
Trustees for consideration of a special permit.
Donald Stever a resident of Sleepy Hollow addressed the Deputy Mayor and the Board of
Trustees on behalf of the Writer's Center and thanked the Mayor and the Village Attorney for
bringing this together.
Mr. Stever explained about the terms of the lease and the sub-lease with the MTA and the
Writer's Center Building, and that it is now time sensitive.
Mr. Stever stated that the Writer's Center restored the building, and it is now on the national
register of historic places, and the New York State historic sights. It was awarded an
"excellence in historic preservation award" by the preservation league of New York in 2005
for the work done to the building.
Mr. Stever stated that a meeting with the general counsel of the MTA concluded that the
MTA is willing to give up its lease hold interest and convey the remainder of the lease to the
Writer's Center. The MTA is bound by the NYS Public Authorities Law to go through a process

�to sell at below market value, or donate the building.
Mr. Stever further explained that the new zoning is intended to recognize the building's
usage designation and will allow the Writer's Center to obtain all rights to the building at a
reasonable cost.
Trustee Campbell asked why this process needs to be expedited.
Mr. Stever stated that the rent abatement will expired soon and this would avoid getting into
other negotiations.
Mr. Giaccio stated the MTA was aware of this Public Hearing and chose not to attend.
Village Attorney stated that in the event the MTA chooses to use this as a railroad depot or
other related use, NYS will be able to override the local zoning in place.
Don Cateano - of Lawrence Avenue addressed the Deputy Mayor and the Board of Trustees
and asked if everything in that building is up to code.
Mr. Stever stated that the building meets and exceeds all code requirements.
Mario Belanich of North Washington St. addressed the Deputy Mayor and the Board and
asked who owns the building and who pays its property taxes.
Mr. Stever said the Hudson Valley Writer Center owes the building but its ownership is
subject to an extreme long lease held by MTA which is a governmental entity and does not
pay taxes.
Mario Belanich stated that the railroad should pay taxes, and there are too many
unanswered questions.
Trustee Handelman asked if any MTA properties pay property taxes.
Sara DiGiacomo, Village Treasurer, stated that the MTA does not pay property taxes in the
Village.
Janet Gandolfo, Village Attorney also stated that the MTA does not pay property taxes and
the Writer's Center building has never paid property taxes.
Joann Clark addressed the Deputy Mayor and the Board of Trustees on behalf of the
Writer's Center and stated that the Writer's Center is working with the Tompkins Mahopac
Bank for the outreach program funding. Some of the outreach program includes working
with the after school program at the Life Center.
Deputy Mayor stated that she'd like to give the MTA more time to respond.
Village Attorney stated the MTA was made aware of this public hearing.
Discussion ensued.

�Trustee Wompa moved, seconded by Trustee Campbell to close the public hearing.
Trustee Wompa made a motion to move on the resolution at this time.
Trustee Stupel seconded the motion.
Trustee Wompa moved, seconded by Trustee Campbell to approve resolution titled:
"Resolution to amend the zoning text and official tax map of the village of sleepy hollow
regarding the r-2 zoning district; (local law#12, 2014)"
Trustee Handelman stated for the record that she has had a longtime relationship with the
Writer's Center.
There were no more comments from the public at this time.
Trustee Stupel asked to read a written statement in response to a previous meeting
comment by a resident regarding the sale of her home. (See attached written statement)
Deputy Mayor Lobato-Church interjeted Trustee Stupel while she read her statement and
stated that it was inappropriate timing and that this is not a fact finding hearing; in addition
she stated that Trustees should not be reading letters directed at members of the public.
Deputy Mayor stated there are other forms to address this, and the Board must continue to
conduct work on behalf of the Village and follow the agenda.
Trustee Wompa asked for a motion to allow Trustee Stupel to finish her statement.
Village Attorney stated that if there's a motion on the floor, there's has to be a second and a
discussion, per Robert's Rules.
Trustee Rosenbloom stated that members of the Board should be respectful of Deputy
Mayor, who is chairing the meeting on behalf of the Mayor, and allow her to chair the
meeting accordingly and proceed with the agenda.
Village Attorney stated that if there's a motion on the floor, it has to be considered and voted
on by the Board of Trustees per Robert's Rules.
Trustee Handelman seconded the motion to allow Trustee Stupel to read her statement into
the record.
Deputy Mayor Lobato-Church and Trustee Rosenbloom voted: No.
Motion Carried: 4-2
Trustee Stupel continue to read her written statement onto the record. (See attached)
Approval of Warrants:
Trustee Wompa moved, seconded by Trustee Campbell to approve the warrant as submitted

�and authorize the Village Treasurer to pay bills in the total of $714,599.61
Motion carried: Unanimous.
Approval of Minutes:
Trustee Handelman moved, seconded by Trustee Wompa to approve the Minutes of July 29,
2014, subject to minor typographical errors changes.
Trustee Campbell - Abstained
Motion carried: 5-0-1
Mayor Announcements:
There will be a Local Developmental Corporation WLDC" Meeting tomorrow to adopt and
discuss organizational procedures and bylaws.
NYSDOT has contracted with Morano Bros. Corp. to begin working on Rt 9, starting at Rt 117
and ending at Pierson Avenue.
Deputy Mayor suggested that residents sign up for BlackBoardConnect to receive updated
information from the Village.
Deputy Mayor Lobato-Church stated that she would like to address Trustee Stupel's earlier
statement at this time. She stated that Trustee Stupel should have recused herself from
voting on a previous resolution titled: "Resolution to Enact Local Law Amending Section 45074 A. (2) to Exclude Single and Two Family Homes from the Requirements of Updated
Certificates of Occupancy", dated: July 22, 2014, since it facilitated the sale of her house.
Discussion ensued.
Trustee Rosenbloom asked to revert the discussion back to the agenda.
Administrator's Report:
Mr. Giaccio, Village Administrator (See attached report)
Department Heads Reports;
Sean McCarthy, Building Inspector reported on behalf of the Building Dept. and submitted
a report to the Board (see attached report)
Trustee Campbell asked if the work load in the Building Dept. is being done timely
Mr. McCarthy stated that the working is getting done.
Police Chief Camp reported on behalf of the Police Department, and stated that members
from the cast of the series Sleepy Hollow will be visiting the Village on Friday. Orlando Jones
and Lindy Greenwood will be in attendance. Several Media casts will be attending as well

�Chief Camp reported that NYS reimbursed the Village through a grant, for 50% cost of 10
bullet proof vests.
Chief Camp stated he continues to struggle with overtime and that sick time leave has
increased 400% over the summer.
Deputy Mayor asked how overtime costs are being maintained in the Police Dept.
Chief Camp responded that he continues to work within the budget but has had to cut down
on some expenses such as training sessions.
Trustee Handelman asked if any Officers will be returning from sick leave soon.
Chief Camp responded that he does not foresee any Officers coming back from sick leave
before the end of October.
Sara DiGiacomo, Village Treasurer reported on behalf of the Finance Dept. and
stated that capital projects must be discussed for approval by the next Work Session,
since there is a band due in November.
Trustee Rosenbloom suggested starting this process sooner in the year to allow the Board
more discussion time to address the capital projects.
Trustee Wompa asked for clarification on the Moody's down grading of the Village.
Mrs. DiGiacomo stated that the Village was not downgraded, and the rating has remained
the same for the last 3 years. She explained that the negative outlook is because of the FUN
balance, but the rating does remain the same.
Public Comments:
Deputy Mayor opened the meeting to the public and evoked the 3 minute rule.
Thomas Capossela of Tappan Avenue addressed the Deputy Mayor and the Board of
Trustees and asked when the Board will decide to hire more Police Officers.
He stated that residents have the right to attend Board meetings and complain how the
Village is being managed.
David Schroedel of Munroe Avenue addressed the Deputy Mayor and the Board of
Trustees and stated that he was astonished when he found out that Trustee Stupel had
changed her position on a recent resolution titled; "Resolution to Enact Local Law Amending
Section 450-74 A. (2) to Exclude Single and Two Family Homes from the Requirements of
Updated Certificates of Occupancy", dated: July 22, 2014. Mr Shroedel stated that he did
reviewed the building records for the property at 141 Kelbourne and did make a formal
complaint regarding an apartment at that location gained from the sale of her house and her
He stated he is retired and is not looking for a job and enjoys attending the Board meetings
Mr. Schroedel stated that he is entitled to attend Board meetings and question
the Board's actions.

�Don Cateano of Lawrence Avenue addressed the Deputy Mayor and the Board of Trustees
and asked if the Board will be hiring a Police Officer, and asked if the Police Committee is still
active. Mr. Cateano stated the Chief of Police should be allowed to run the Department.
James West of Sleepy Hollow Manor addressed the Deputy Mayor and the Board of
Trustees and asked if additional work, such as restricting traffic, could be done in the area of
Phelps Lane.
Mr. West also asked about Birch Close gate being locked.
Sean McCarthy Building Inspector stated that the gate is locked for safety reasons, the
ongoing construction at Kendal, and the removal of trees.
Trustee Campbell stated that he is concerned about the intersection at Rt 117 because it is
a dangerous area where a fatal accident has happened.
Trustee Campbell also stated that he recalls Trustee Stupel being in favor of updating the
Certificate of Occupancy to be required throughout the village and she did in fact change her
mind regarding this requirement and though it should be only for single and two family
homes, but long before she put her home up for sale.
Trustee Wompa asked if it would be possible to speak to Joan Mayberry of Mt. Pleasant
regarding the restriping of Rt 9 near Rt 117.
Mario Belanich addressed the Deputy Mayor and the Board of Trustees and stated that a
previous resolution passed at a work session was illegal.
Gary McLean of Sleepy Hollow addressed the Deputy Mayor and the Board of Trustees and
stated that the ramp at Rt 117 may belong to Phelps Hospital, and this should be looked into.
There were no further comments from the public at this time.
Resolutions: (see attached)
1)
2)
3)
4)

Adopt Senior's Tax Exemption Public Hearing
Climate Smart Community
Approve Actions of Fire Wardens
Adopt Local Law#ll, 2014 "Parking &amp; Traffic on Old Broadway"

Fire Chief Haggerty stated that a few members were terminated due to lack of non-payment
due's and some were new oncoming members.
Old Business:
Discussion ensued regarding muni-meters future installation.
Deputy Mayor thanked Police Chief Camp, and Richard Gross for installing the new Stop
signs on New Broadway.
Trustee Campbell asked that maps of the Rt.9 re-stripping be available on our website.

�Communications:
The Village Clerk a n n o u n c e d that Rashmi Enterprise has applied for their liquor license
renewal.

Public Comments:
There were no public c o m m e n t s at this time.
At 8:56 pm, on motion by Trustee Campbell, seconded by Trustee Rosenbloom, the meeting
was adjourned.

Village Clerk

�^-x^f^tJc-

HUG"

On Tuesday 9/2,1 was verbally attacked by David Schroedel so viciously I feel
compelled to respond.
In regard to the c of o issue, as the head of safe housing and code enforcement, this
code was adopted 4 years ago. After some time it was felt it was not accomplishing
the changes it was designed to and there was a discussion to amend it. This was
brought up again a few months ago and after a public hearing, and much discussion,
it appeared that it would best serve the village to amend the code to exclude 1 and 2
family homes. It was voted on and passed unanimously. I'd like to point out that the
outcome would not have been impacted whether I voted for or abstained from
voting on this resolution.
In regards to 141 Kelbourne Avenue, it was built in 1915 with two structures; the
main house and care takers cottage. This residence was advertised with the cottage
as a legal rental when we purchased it in 1981 At the time, it had is own separate
meter which was granted many years before and has functioned as such for over 50
years. It is grandfathered in and both structures are taxed appropriately. In fact, we
had a fire where major damage was done to the cottage and the building inspector
inspected the cottage and issued a certificate of compliance for the fire damaged
areas, That would hardly have been granted if the cottage was illegal. I'd also like to
read the letter that was sent to Mr. Schroedel on September 22 (attached). It defies
common sense to think that if I had an illegal structure on my property and I would
start a committee to go after those offenders.
In the 5-V2 years that I've been on the board I have had meetings in my house that
board members, including Mr. Schroedel, have attended, Mr. Schroedel lives a block
away and has always been aware of the cottage. I also have held my safe housing
meetings at 141 kelbourne. attended by the building inspector. You might ask
yourselves why have all these issues come up now. Since Mr. Schroedel's company
is no longer in existence it is our understanding that he is seeking the executive
directorship of the LDC, a possible salaried position, and that his motivation is to
remove me from the board in order to accomplish his goal.
The last few meetings have been most distressing. We have been subjected to
verbal attacks, accusations that have no foundation in fact and threats that have
required a police escort to our cars. The Mayor, by design and an inability to control
his own meetings, has encouraged and allowed this disrespectful behavior.
What has happened to me is motivated by political gain. I am a volunteer and have
done nothing but try, in my term of office, to make Sleepy Hollow a better place to
live for all our citizens and I intend to continue to do so and not be intimidated by
Mr. Schroedel's false accusations.
Mr. Schoedel, you should know better, as a former trustee, and also considering your
wife sits on the Phelps hospital board, to fling disparaging comments around. I guess
it's OK to utilize village resources such as your requests to DPW and lets not forget

�the police escort you received for the Obama event, the tickets of which were
suppose to go to board members. In case you don't remember Mr., Schordel, you did
not run for reelection.

�Village of Sleepy Hollow
Department of Architecture, Land Use Development,
Buildings &amp; Building Compliance
28 Beekman Avenue
Sleepy Hollow, NY 10591
Telephone (914) 366-5101- Fax (914) 631-0607

More than a Legend

S e p t e m b e r 22, 2014
Mr. David S c h r o e d e l
487 Munroe Avenue
S l e e p y Hollow, N e w York 10591
Re:

141 Kelbourne A v e n u e
S l e e p y Hollow, N e w Y o r k 10591
110.19-2-138
Complaint Number: 2014-138

Dear Mr. Schroedel,
O n August 18, 2014 you contacted this office regarding a n alleged violation of the Village
Zoning O r d i n a n c e at the property located at 141 K e l b o u r n e A v e n u e . T h e purpose of this
letter is to inform you of the c o n c l u s i o n of the enforcement action begun as a result of your
complaint.
At this time we regret to inform you that, after further investigation, our office h a s d e c l a r e d
Complaint #2014-138 unfounded.
Sincerely,

an E. M c C a r t h y
Village Architect

\

I
)

C c : Janet A. Gandolfo, Village Attorney

��ADMINISTRATOR'S REPORT
September 23, 2014
1) Commercial Proposal: We received a proposal from a company called CGI
Communications to produce a promotional video for the Village. The company
sells advertising space to cover the production cost, so there would be no charge
to the Village if approved.
2) Zoning Study Public Meeting: The planner for the downtown zoning study
attended the downtown committee meeting on Friday. The meeting was very
productive and the planner is already starting to make recommendations. A
public meeting is scheduled for October 20. A location has not yet been chosen
because we want to meet as close to the downtown as possible. We encourage
everyone to attend.
3) Halloween Brochure: The Halloween Brochure has gone to print. The entire
brochure is being paid for by the Leukemia Lymphoma Society. The brochure
will be available for distribution in a week or two.
4) Senior Center Generator: The senior center generator is being delivered
tomorrow. An electrician has to be hired to install the unit.
5) Carnival: The ambulance corps has finalized plans for a carnival at Kingsland
Point Park. The event will take place Thursday thru Sunday. The rides are
already being assembled. All are encouraged to attend and support the
ambulance corps.
6) Route 9 Paving: The repaving of Route 9 is expecting to begin next week. The
DOT plans on restriping the stretch of road between the Cemetery entrance and
Phelps Hospital to allow for left turn lanes.
7) Oktoberfest: Plans for Oktoberfest are just about complete. The event will take
place on September 27 at the Kathryn W. Davis Riverwalk Center from 1:00 to
5:00.

�Village of Sleepy Hollow
Department of Architecture, Land Use Development,
Buildings &amp; Building Compliance
28 Beekman Avenue
Sleepy Hollow, N Y 10591
Telephone (914) 366-5116« Fax (914) 631-0607

More tfim a Legend

MEMORANDUM
Date:

S e p t e m b e r 15, 2014

To:

M a y o r W r a y and m e m b e r s of the B o a r d of T r u s t e e s

From:

S e a n E. McCarthy, Village Architect

Cc:

A n t h o n y P. Giaccio, Village Administrator

Re.'

Department Monthly Report- August

T h e following is a s u m m a r y report for the Department
of Architecture,
Land
Development,
Buildings and Building Compliance
for the month of August, 2014.

Use

PERMIT ACTIVITY
• 87 permits were issued; 52 Building Permits, 15 Electrical, 15 P l u m b i n g Permits,
a n d 5 T r e e R e m o v a l Permits.
•

34 Certificates of O c c u p a n c y were a p p r o v e d a n d 4 U p d a t e d Certificates w e r e
issued.

•

5 Property record s e a r c h e s were c o n d u c t e d .

ZONING
=

T h e Z o n i n g B o a r d of A p p e a l s did not meet in A u g u s t .

•

T h e next Z o n i n g Board meeting is s c h e d u l e d for S e p t e m b e r 17, 2 0 1 4 at 8:00
PM.

PLANNING
• T h e P l a n n i n g B o a r d did not meet in A u g u s t .
•

Cont.

T h e next P l a n n i n g Board meeting is s c h e d u l e d for S e p t e m b e r 18, 2 0 1 4 at 8:00
PM.

�ARCHITECTURAL REVIEW BOARD
• The Architectural Review Board did not meet in August.
• The next Architectural Review Board meeting is scheduled for September 24,
2014 at 8:00 PM.
DEVELOPMENT
•

Phelps: The new surgical center and connector bridge Is nearing completion. See
attached photo.

•

River's Edge: Work continues on the exterior facade treatment. Interior plumbing,
electrical, and fire protection systems are being installed. See attached photos.

•

Kendal on Hudson: Construction continues on the memory care project. The
foundation for the library addition is complete. The Birch Close connector is
open.

CODE ENFORCEMENT
• 22 complaints were filed.
•

54 violations were issued.

•

A restaurant/ bar establishment on Clinton Street was closed on August 8th as a
result of building and zoning violations.

• A restaurant/ bar establishment on Valley Street was closed on August 18th as a
result of building and zoning violations.
•

15 court cases were on the calendar and 5 cases were resolved.

•

The next Building court date is September 25 at 3:00 PM.

FINANCIAL
• The total monthly revenue was $80,274.00.

END OF MEMORANDUM

�VILLAGE OF SLEEPY HOLLOW
DEPARTMENT OF ARCHITECTURE, LAND USE, BUILDINGS &amp; BUILDING COMPLIANCE
MONTHLY REPORT
AlJGUST2014
ITEM
ARCHITECTURAL REVIEW BOARD
BUILDING PERMITS
CERTIFICATES OF OCCUPANCY

TOTAL NO.
~

ESTIMATED COST OF WORK
1
52

FEES
$50.00

$1,906,475.00

$28,146.00

UPDATED CERTIFICATE IOF OCCUPANCY

34
4

$3,558.00

ELECTRICAL PERMITS

15

$42,125.00

FIRE SUPPRESSION SPRINKLER PERMITS

0

$0.00

MISCELLANEOUS REVENUE

0

PLANNING BOARD APPLICATIONS

2

PLUMBING PERMITS

$400.00

$0.00
$2,625.00

i C
ID

$2,120.00

RECORD SEARCHES

5

$500.00

TREE REMOVAL

5

$150.00

ZONING BOARD OF APPEALS APPLICATIONS

2

$600.00

MONTHLY TOTAL
PREVIOUS TOTAL
YEAR TO DATE
COURT JUDGEMENTS MONTHLY TOTAL
COURT JUDGEMENTS PREVIOUS TOTAL
COURT JUDGEMENTS YEAR TO DATE

135
250
385
2
6
8

$1,906,475.00
$1,621,328.00
$3,527,803.00

$80,274.00
$59,788.00
$140,062.00
$1,500.00
$4,025.00
$5,525.00

�R I V E R ' S EDGE-VIEW FROM NORTH

�PHELPS SURGICAL CENTER BRIDGE

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