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A regular meeting of the Board of Trustees was held on Tuesday, November 27,2001 at
8:00 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present: Mayor Philip Zegarelli
Mario DiFelice
Donald Stever
Patricia Rodriguez
James Hart
Robert Higle
Richard Zieja

Trustees

Also Present: Barbara Napoli, Village Treasurer
Dwight Douglas, Village Administrator
Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.
Before starting the regular order of business, Trustee DiFelice moved, seconded by
Trustee Hart to set aside the regular agenda and move on to a few other items, motion
carried unanimously.
Mayor Zegarelli read resolution # 11/27/108 promoting Officer Paul Hood to Sergeant.
Mayor Zegarelli congratulated Sgt. Hood and he was sworn in. Chief Warren presented
him with the Sergeant's badge.
Mayor Zegarelli commented that the Village of Sleepy Hollow received the Community
Traffic Safety Goldep Award at a recent luncheon.
Wilfredo Gonzalez presented Walter Ferguson a check for 510,000.00 to be given to the
Burn Center on behalf of the Sleepy Hollow Fire Department Benevolent Association.
Trustee DiFelice moved, seconded by Trustee Zieja to move back into the regular order
of business, carried.
Public Hearing
Mayor Zegarelli explained that this hearing was to re-consider the placement of parking
meters on Pocantico Street. Trustee DiFelice moved, seconded by Trustee Hart to
repeal Local Law #13 of 2001 by eliminating Pocantico Street as one of the streets where
parking meters would be placed, motion carried unanimously.
A few residents thanked the Mayor and Board for repealing this.
Brief discussion ensued on the possibility of moving the handicap spot on Pocantico
Street to Beekman Avenue. The Mayor commented that this is needed there due to the
increasing number of handicapped residents living in the Van Tassel.
Approval of Minutes
Trustee Hart moved, seconded by Trustee Zieja to approve the minutes of November 13,
2001, motion carried unanimously.

�3^7

Trustee DiFelice moved, seconded by Trustee Stever to approve the minutes of
November 20, 2001, motion carried unanimously.
Public Comments
Linda Standley, owner of the Mobil Station on Broadway, had several questions
regarding where the meters will be placed, why and the hours they will be in effect on
Broadway.
Mario Belanich had several comments regarding parking in the Manors, call boxes and
passing of resolutions at worksessions.
Jim Paolantonio had several comments regarding the number of lawsuits in the village
and that the public should be able to see the final DeSanto police report. The Mayor
explained that this report is still a draft until it is formally accepted by the Board. The
Board will discuss with Counsel as to whether the public can view the whole report.
Mayor's Report
The Mayor reported that there will be a Council of Government meeting on December
18 th at the Michaelian Office Building in White Plains on the positive declaration
environmental quality review for the Jardine Estates located in Tarrytown.
Mayor Zegarelli is in receipt of a copy of the Master Federal Aid Enhancement
Agreement for the Waterways at Philipsburg Manor which was sent to Wadell Stillman
of Historic Hudson Valley.
We are in receipt of the franchise fee of S16,232.00 from Cablevision.
With regard to the village reservoir property ownership, we have taken steps to find out
who owns what against the Rockefeller property.
The Board is in receipt of a memo from Dave Smith of Saccardi and Schiff regarding
the Omnipoint DEIS for our review.
We are in receipt of the application of Verizon with regard to 95 Beekman Avenue.
We are in receipt of a draft of the scoping session including letters, comments, etc. with
regard to Ichabods Landing.
Trustee Report
Trustee DiFelice asked Chief Warren to give a brief explanation regarding the
appointment of auxiliary police and the procedure.
The Mayor asked that a resolution be drafted for the next meeting regarding the
appointment of auxiliary police.
Trustee DiFelice read the attached public works report.

�Trustee Rodriguez reported that the Sleepy Hollow Seniors have invited the Mayor and
Trustees to attend their Christmas Party on December 19 th at the Hilton Inn at noon
and would like to know who will be attending.
Trustee Hart commented that recently the board members have been criticized for not
giving reports at meetings and felt that this was an unfair statement. He stated that
trustees spend a lot of hours on many different items and issues before meetings and all
year long and sometimes what the trustees might say in a report is already reported by
someone else.
Trustees Higle and Zieja had no report.
Trustee Stever reported that on land use matters, site plan review on the Kendal
property and the Doorley sub-division on Palmer Avenue is coining before the Planning
Board.
Trustee Stever commented that the lawsuit between the Village of Tarrytown and the
Village of Sleepy Hollow regarding the County House project is going before the
Appellate Division of the Supreme Court on Thursday.
The Waterfront Advisory Committee meets next week regarding the Verizon
application.
Dave Smith of Saccardi and Schiff gave a brief synopsis of the Parks and Recreation
study for improvements to the parks and recreational facilities.
Mayor's Report
Mayor Zegarelli stated that since the Acting Village Justice Naclerio has been called to
active duty because of the WTC tragedy, he has asked Judge Ponzini to cover for him
whenever he might be needed until Judge Naclerio returns.
Village Counsel commented that we need to have a letter from Judge Naclerio asking for
a leave of absence.
Mayor Zegarelli commented that on December 7, 2001 at 11:00 AM, the VFW will be
conducting a ceremony at John Horan Landing, commemorating the bombing of Pearl
Harbor and they have invited the Mayor and Board of Trustees to attend.
On December 10 th the Old Dutch Church will be holding a bell ringing ceremony at 8pm
to celebrate the 5 th anniversary of the re-naming of the village. A reception will follow at
9pm in Columbia Hose.
The Village will be celebrating its 126th anniversary on December 18,2001 at 7 pm with
refreshments in Columbia Hose. A worksession will start at 6pm, refreshments at 7pm
and regular meeting at 8pm. Trustee Higle moved, seconded by Trustee Zieja to
approve this agenda, carried.
The Mayor commented that the high school is holding a toy drive and we have agreed to
let them leave a box in village hall for the donations.

�The residential assessment ratio has dropped to 2.29 and the Mayor has asked Mr.
Balog to write a memo as to the ramifications of that.
The Mayor commented that we have to consider appointing someone to monitor the
work that will be done at Kendal-on-Hudson once all the approvals are done.
Trustee Stever commented that if we will be recouping the funds we spend to do this,
then we should advertise for someone with the credentials to do this.
In light of the fiscal crunch due to the WTC tragedy, the Board has been reviewing the
status of the part time employees and will be furloughed or terminated in the near
future.
The next public GM Linkage Study meeting is scheduled to be held on Saturday,
January 12,2002 in the Columbia Hose Firehouse.
The Village has received the Silver Beautification Award for all the flowers, plants,
shrubbery, etc. We would like to present this to Luis Vilches for all his great work.
Since Mr.Vilches was not present tonight we will present it to him at the next meeting.
Administrator's Report
The Administrator reported that the Valley Street sidewalk project is moving along.
They did find an old oil tank under the sidewalk in front of 174 Valley Street but it has
been tested and found to be okay, so they can continue with the sidewalk.
Resolutions-Attached
New Business-None
Old Business-None
There being no further business, Trustee DiFelice moved, seconded by Trustee Higle to
adjourn to executive session to discuss personnel and negotiations.
Back in regular session, Trustee Hart moved, seconded by Trustee Higle that the Board
authorizes the Mayor to take various actions on a contractual basis that is permitted
under law but to report back to the Board as to any decision making that may still have
to be done, carried unanimously.
See attached executive session minutes.
There being no further business, Trustee DiFelice moved, seconded by Trustee Higle to
adjourn the meeting, carried.
Respectfully submitted,

Angela Everett
Village Clerk

�337

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VILLAGE OF SLEEPY HOLLOW
NOTICE OP PUBLIC HEARING
PLEASE TAKE NOTICE, that the Board of Trustees of the
Village of sleepy Hollow vri.il hold a Public Hearing on Tuesday,
November 27, 2001 at 8:00 p.m. in the Municipal Building, 28
Beekman Avenue, Sleepy Hollow, New York to consider a proposed
Local Law amending Section 57-38 of the Village Code entitled

I

"Schedule of Parking Meter Zones" to adopt metered parking on
various roads in the Village of Sleepy Hollow including Pocantico
Street, Cortlandt Street, Broadway and Valley Street in the
Village of Sleepy Hollow. A copy of the proposed local law is
available upon request at the Office of the Village Clerk.
All persons are entitled to attend and be heard at this
Public Hearing.

By Order of the Board of Trustees
of the Village of Sleepy Hollow
Angela Everett, Village Clerk
Dated: November 17 , 2001

�33#

PUBLIC WORKS REPORT
NOVEMBER 27, 2001
LEAF PICK-UP IS ONGOING UNTIL THE END OF DECEMBER OR THE
FIRST SNOWFALL.
CHRISTMAS TREE LITES AND DECORATIONS ARE BEING PUT UP AND
SHOULD BE LIT THIS WEEK.
WATER METER READING HAS BEEN COMPLETED.
REPAIRED AN 8" WATER MAIN BREAK AT THE INTERSECTION OF RTE. 9
AND NEW BROADWAY.
VALLEY STREET SIDEWALK PROJECT IS UNDERWAY.

�I
Meeting Date: 11/27/01
Resolution #: 11/108/01
Be it Resolved that Mayor Zegarelli, with the approval of the Board of Trustees of
the Village of Sleepy Hollow does hereby promote Paul Hood, 23 South Lawrence
Avenue, Elmsford, New York to the position of Police Sergeant at an annual salary
of $70,514.00 effective December 3,2001. Said appointment is from Eligible List
#70-894(88-062) and is subject to the approval of the Westchester County Civil
Service Commission and is subject to a probationary period of twenty-six (26)
weeks.
Moved: Trustee DiFelice

Seconded: Trustee Stever Vote:

7-0

Resolution #: 11/109/01
Be it Resolved that the Mayor and Board of Trustees of the Village of Sleepy Hollow
do hereby award the bid for two (2) 1988 S-1800 International 4X4 dump trucks,
Model 1854 DT to Nat Picco &amp; Sons Contracting Co. Inc. 154 E. Post Rd.,
Mamaroneck, New York 10543 at a bid of $2700.00 for each truck.
Moved: Trustee DiFelice

Seconded:Trustee Hart

I

Vote: 7-0

I

�3VD

Meeting Date:

11/27/01

Resolution #:

11/110/01

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Setting a Public Hearing to Hear Citizen Comment on
Proposed Water Supply System Regulations
Whereas, the Mayor and Trustees of the Village of Sleepy Hollow have reviewed draft
regulations and rules prepared by Village Counsel governing the administration of the
Water Supply System of the Village of Sleepy Hollow, and
Whereas, the Village now wishes to obtain public comment on said draft regulations,
Now, Therefore, Be It Resolved that, the Village Board herein sets a public hearing to
obtain citizen comment for said water regulations for 8:00 p.m. on December 18th, 2001
in the Board Room on the second floor of Village Hall at 28 Beekman Avenue, Sleepy
Hollow, N.Y.

Moved:

Trustee DiFelice

Seconded:

Trustee Zieja Vote: 750

�Meeting Date: 11/27/01
Resolution #: 11/111/01
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Execution of Retainer Agreement
Rains and Pogrebin
Whereas, the Mayor and Trustees of the Village of Sleepy Hollow by prior action entered
into a contract with the lawfirmof Rains and Pogrebin, P.C., 210 Old Country Road,
Mineola, Long Island, N. Y. to provide certain legal services to the Village on an hourly
basis, and
Whereas, the Village now wishes to enter into a retainer agreement to provide for the
continuation of said services under terms and conditions as contained in the attached
letter agreement,
Now, Therefore, Be It Resolved that, the Village Board herein authorizes the execution of
said letter retainer agreement and to take other such steps as are necessary to effectuate
the intent of this resolution.

Moved:

Trustee Sievere Seconded: Trustee Hart
Trustee DiFelice abstained

Vote:

6-0-1

�3V

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RICHARD G. KASS
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September 21,2001

GEORGE M B U C K L E Y . J R .
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WRITER - S
D I R E C T D'AL N U M B E R

(516)663-5406

Mayor Philip E. Zegarelli
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, New York 10591
Dear Mayor Zegarelli:
This will confirm your retention of the law firm of RAINS &amp; POGREBIN, P.C. as
special labor counsel for the Village of Sleepy Hollow for a period of three (3) years,
from October 1, 2001 through September 30, 2004 at a fee of $28,000 per year, payable
in equal advance quarterly installments.
The Village will also be responsible for reasonable costs and expenses incurred.
Such costs and expenses will include charges for messenger services, emergency
secretarial overtime, photocopying, court fees, travel expenses, postage for large mailings,
long distance telephone, computerized legal research, investigative searches and other
charges customarily invoiced by law firms in addition to fees for legal service.

I

The retainer shall cover negotiations with the PBA, Teamsters and MEU units
only. This agreement shall include our professional services as negotiator, exclusive of
administrative hearings, grievance arbitrations and other litigation. Included within the
retainer are consultation in preparation for negotiations and representation at negotiations,
mediation, and interest arbitration on behalf of the Village with representatives of the
PBA, Teamsters and MEU units only. Such services shall also include the drafting of
collective bargaining agreements with said units, attendance at board meetings on a
scheduled basis to discuss such contracts when necessary and consultation on the
administration of the collective bargaining agreements during their terms.

�Mayor Philip E. Zegarelli
September 21,2001
Page 2
It is understood and agreed that if requested to represent the Village in any
improper practices, arbitrations or other litigation, or to perform other services outside the
scope of the services described in paragraph three above, it shall be at the special rate of
$250.00 per hour for my time, $205.00 per hour for any other partner's time and $ 165.00
per hour for an associate's time, for professional time actually expended.
Time records will be submitted for all hourly work and payments will be due on a
monthly basis. Printouts of how the actual time was expended will also be provided with
the bills if you so desire. The Village shall advise us of any differences it may have with
any invoice within 30 days of the invoice. The Village shall pay the undisputed portion of
any invoice within 30 days of receipt of such invoices.
In the event the Village terminates our services prior to September 30,2004,
RAINS &amp; POGREBIN, P.C. shall be entitled to be paid for all time expended by
members of the firm on behalf of the Village in all matters covered by this retainer, from
October 1, 2001 through and including the date services terminate, at the applicable
member's regular hourly rate at the time the services were performed. Credit will be
given for amounts already paid under the retainer. Presently, in the public sector, my
regular hourly rate for non-retainer clients is $295.00 per hour, other partners' rates range
from $195.00 to $250.00 per hour and associates' time ranges from S145.00 to $175.00
per hour. Adjustments in our hourly rates are made in January of each year.
The Village may discharge us at any time. We may withdraw at any time with the
Village's consent or for good cause without the Village's consent. Good cause includes
the Village's breach of this agreement (including the Village's failure to pay any
statement when due), refusal or failure to cooperate with us, or any fact or circumstance
that would render our continuing representation unlawful or unethical.
This constitutes the entire understanding between us regarding our engagement.
By executing this agreement you acknowledge that you have read carefully and
understand all of its terms. The agreement cannot be modified except by further written
agreement signed by each party.
If you have any questions about the foregoing, please call me. If you are in
agreement with the foregoing and it accurately represents your understanding of the
Village's retainer with us, please execute the enclosed copy of this letter and return it to
me and retain a signed copy for your records. If not, kindly contact me immediately.

�3v.r

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Mayor Philip E. Zegarclli
September 21, 2001
Page 3
Kindly attach for our records a copy of the Board minutes containing the
Resolution authorizing this retainer.
We look forward to continuing our relationship with you.
Very truly yours,
RATJ^S &amp; POGREBIN, P.C.

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Terence M. O'Neil
AGREED &amp; ACCEPTED

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Minutes of the Board of Trustees
Village of Sleepy Hollow
An executive session of the Board of Trustees of the Village of Sleepy Hollow was held
on Tuesday, November 27,2001 following a regular meeting in Village Hall, 28
Beekman Avenue, Sleepy Hollow, New York.

I

Present:

Mayor Philip E. Zegarelli
Deputy Mayor Mario DiFelice
James J. Hart
Patricia M. Rodriquez
Robert Higle
Donald Stever
Richard Zieja
Trustees

Also Present: Dwight H. Douglas, Village Administrator
Joel Sachs, Special Counsel
Mayor Zegarelli discussed ongoing negotiations with General Motors and various aspects
of the Village's option to acquire the GM site. Counsel Sachs discussed the proposed
terms and timing under which the Village might wish to exercise its option. After some
discussion those terms were agreed on and the attached resolution was offered and
adopted as noted thereon.
Respectfully submitted,

I

Dwight H. Douglas
Administrator

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Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing The Mayor to Take Certain Actions
In Regard to a Purchase Option for the General Motors Site
Whereas, the Village of Sleepy Hollow, pursuant to an agreement made with General
Motors on August 5*. 1996 was granted an option to purchase the former GM site under
certain conditions described in Paragraph 2.3 of said agreement, and

I

Whereas, pursuant to the terms of said purchase option, the option must be exercised
during a 180 day period which ends on December 26th, 2001, and
Whereas, continuous meetings over the past year have been held with General Motors to
review progress on the redevelopment of the site and to discuss exercising said option,
or extending it under certain terms and conditions which include payment for its
extension, and
Whereas, the Mayor and Trustees of the Village of Sleepy Hollow have reviewed and
discussed the option agreement and have reached consensus on the terms and conditions
under which it shall be exercised,
Now, Therefore, Be It Resolved that, the Village Board authorizes the Mayor to take such
steps as are necessary to transmit the Village's purchase option offer under the terms as
generally discussed, and to take other such steps as are necessary to affect the intent of
this resolution.

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