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A worksesslon of the Board of Trustees of the Village of Sleepy Hollow was held
on Tuesday. May 18.1999 at 7:00 PM in Village Hall. 28 Beebman Avenue. Sleepy
Hollow. New York.
Present:

i

Philip Zegarelll. Mayor
Mario DI Felice. Deputy Mayor
lames I. Hart
Robert I. Hlgle
Craig A. Laub
Patricia Rodriguez
Donald W. Stever Trustees

Also Present: San jay Shah. Treasurer
The following resolutions were passed:
30.
Be it resolved the Board of Trustees appoints Robert Stlloshl to the
position of Fire Inspector, effective 05/19/99. at an annual salary of $16,000.
Said position is part-time and Is limited to no more than 17 hours per week.
Said appointment is subject to the approval of the County of Westchester Civil
Service Commission.
Moved: Trustee DiFelice

Seconded: Trustee Rodriguez

Vote: 6-0

31.
Whereas, the DPW Foreman has Informed the Board of Trustees of the
existence of the acute manpower shortage: and
Whereas, the Village has compiled with the Family &amp; Medical Leave Act In
granting 90 days of unpaid leave to Michael Timm; and
Whereas, for the reasons aforementioned, the Village Is In no position to
continue the Indefinite unpaid leave granted In Board resolution #08-107-98:
Now therefore be it resolved that the Board of Trustees hereby rescinds
resolution #08-107-98 and directs Michael Tlmm to return to work full time
immediately unless he Is determined to be unfit to work by a medical doctor. In
which case he should apply for Disability Retirement, as his employment will
have ended.
MOVED: Trustee Stever

i

SECONDED: Trustee DIFellce

VOTE: 6-0

�32.
WHEREAS, municipal home rule in local planning and land use is
highly valued by local governments in New York State; and
WHEREAS, the Federal Telecommunications Act of 1996 affirmed the authority
of local governments tp regulate the placement and construction of wireless
telecommunications equipment and facilities; and
WHEREAS, local governments should be free to exercise that authority as they
do with other local land use determinations; and
WHEREAS, efforts to restrict local home rule in this area are inconsistent with
land use policies in New York State*, and
WHEREAS, legislation has been introduced in the New York State Senate. S.21
13. and the New York State Assembly. A. 6430 which would preempt local home
rule in this area, remove the ability of local governments to enact their own
local siting laws, interfere with the authority of local governments to set
reasonable fees, and remove authority granted in federal law; and
WHEREAS, the siting of wireless telecommunications equipment raises
important land use and aesthetic concerns traditionally determined at the local
level; and
WHEREAS, the Village of Sleepy Hollow has passed Local Law 13-1998
(attached), entitled "Wireless communications towers, antennas and satellite
dishes** establishing general guidelines for the siting of these devices; now
therefore be it
RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow strongly
opposes S.2113VA.6430. and recommends the defeat of this, or any legislation,
that restricts the authority of local governments to exercise their prerogative
overland use. protect community character and maintain the local decisionmaking consistent with the long history of New York law; and be it further
RESOLVED, that copies of this resolution be forwarded to our representatives in
the State Senate and State Assembly, the legislative leaders of each house, the
New York State Conference of Mayors, the New York State Association of
Counties, the New York State Association of Towns, the Westchester County
Executive, and the Westchester County Board of Legislators.

MOVED: Trustee Rodriguez

SECONDED: Trustee Stever

VOTE: 6-0

�TO
ADOPTED: May 18, 1999
Mr. (1) D l P a l i c a
resolution and moved its adoption:

Resolution #33

offtred the following

RESOLUTION AUTHORING THE (2) v i l l a 9 * o f s l e e P y H o l l o w
TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF WESTCHESTER FOR
THE PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM.
WHEREAS, the Secretary of Housing and Urban Development of the United States la
authorized, under Title I of the Housing and Community Development Act of 1974 as
amended, and Title II of the National Affordable Housing Act of 1990, as amended, to make
grants to states and other units of general local government to help finance Community
Development Programs; and
WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants
to any municipal corporation the power, either Individually or jointly with one or more municipal
corporations, to apply for, accept and expend funds made available by the federal
government, either directly or through the State, pursuant to the provisions of any Federal law
which Is not inconsistent with the statutes or constitution of this State, in order to administer,
conduct or participate with the Federal government in programs relating to the general welfare
of the inhabitants of such municipal corporation; and
WHEREAS, the Community Development Act of 1974 aa amended, Title II of the
National Affordable Housing Act of 1990, as amended, and any "Eligible Activities" thereunder
are not inconsistent with the statutes or Constitution of the State; and
WHEREAS, a number of municipalities have requested Westchester's participation,
and the County of Westchester has determined that it is desirable and in the public interest
that it make application for Community Development Block Grant funds and HOME funds as
an Urban County; and
WHEREAS, participation by the County of Westchester as an Urban County in the
Community Development Program requires that the £21 V i l l a g e o f Sleepy Hollow
and the County of Westchester cooperate in undertaking, or
assisting in undertaking, essential community development and housing activities, specifically
those activities authorized by statutes enacted pursuant to Article 18 of the New York State
Constitution.
WHEREAS, this Board deems it to be in the public interest for the
{£
V i l l a g e of Sleepy Hollow
to enter Into a Cooperation
Agreement with the County of Westchester for the aforesaid purposes.
NOW, THEREFORE, BE IT
RESOLVED, that (SI P h i l i p E. Z a g a r e l l l , Mayor
be and hereby is
authorized to execute a Cooperation Agreement between the
(§1
V i l l a g e of Sleepy Hollow
a n d tnft county of Westchester for the
purposes of undertaking a Community Development Program pursuant to the Housing and
Community development Act of 1974 as amended and Title II of the National Affordable
Housing Act of 1990, as amended.
The foregoing resolution was adopted upon roll call as follows:

Certified by: m

AYES:

m_i

NOES:

{21 _J&gt;

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34.
Be It Resolved, that on the recommendation of the Chief of Police
concerning deficiencies In the Job performance and conduct of Police Officer
Nancy Fahey (Paolontonio), a police officer serving on probation, the Board of
Trustees hereby determines that continuing P. O. Nancy Fahey's (Paolotonio)
probationary employment serves no useful purpose and therefore hereby
terminates her employment effective 12:00 noon May 19,1999.
MOVED: Trustee Stever
Respectfully submitted,
San jay Shah. Treasurer

SECONDED: Trustee DiFelice

VOTE 6-0

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