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Minutes of the Board of Trustees
Village of Sleepy Hollow
A work session of the Board of Trustees of the Village of Sleepy Hollow was held on
Tuesday, September 9th, 2003 at 7:00 P.M. in the boardroom at Village Hall, 28
Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Philip E. Zegarelli
Mario DiFelice T
DonSteyer .
JimHart.&gt;. • V.„:^^^J^;:ci]^iy\_:

KayGrala
Richard Zieja
Richard Spota

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Trustees

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Also Present: Dwight H. Douglas, Village Administrator
Abraham Zambrano, Treasurer
Jim Clark, Special Counsel
Terry O'NeiL Special Counsel
Robert Ponzini, Village Counsel
Chief Warren .
At 7:00 p.m. Mayor Zegarelli called the meeting to order and discussion of various work
session items commenced. At 7:35 p.m. on a motion of Trustee Hart, seconded by
Trustee Zjeja and carried unanimously, the board entered into executive session for the
purpose of reviewing litigation and personnel matters. At 8:55 pjn. on a motion of
Trustee Zieja, seconded by Trustee DiFelice and carried unanimously, the board came out
of executive session and continued working through its work session agenda.
At 9:15 p.m. Mayor Zegarelli called the board into special session in order to act on the
attached resolutions. The resolutions were duly acted on as noted.
At 9:35 p.m. on a motion of Trustee DiFelice, seconded by Trustee Stever, and carried
nnanimousry, the special meeting of the Board of Trustees was adjourned.

�292

Resolution of the Board of Trusteed of the Village of Sleepy HoDow
Authorizing Execution'of Contract with' Acocella C6ntracting, Inc
For the Cedar Street Sidewalk Improvement Project
Whereas, by prior action the Mayor and Trustees of the Village of Sleepy Hollow have
executed a grant agreement with the County of Westchester for Community Development
Block Grant (CDBG) funds to undertake certain sidewalk improvements to Cedar Street,
and

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Whereas, subsequently bids from qualified contractors were solicited to undertake said
improvements and seven bids were received by the deadline date of August 18," 2003, and
Whereas, the bid proposals were duly opened and the low bidder, Acocella Contracting,
Inc. of 68 Baylor Road, Scarsdale, New York 10583 was identified as the low bidder and
determined to have submitted a responsive bid proposal, complying with all terms and
requirements of the bid documents, and ,-.: - .
Whereas, said low bid with alternate of one hundred and thirty-four thousand, four
hundred and ninety-five dollars ($134,495) was reviewed against the project's estimated
cost and determined to be reasonable
Now, Therefore, Be It Resolved that, the Village Board herein accepts the bid proposal of
Acocella Contracting, Inc. for the Cedar Street sidewalk improvement project at a total
price of $134,495 to be funded with $90,000 in CDBG funds and $43,495 in Village
capital funds, and
Be It Further Resolved, that the Village Board herein authorizes the Mayor to execute a
contract for said work, and to take other such steps as are necessary to effectuate the
intent of this resolution.

Moved by: Trustee DiFelice, Seconded by: Trustee Spota, Vote: Unanimous
Date: September 9,2003
Resolution #09/161/03

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ester
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Andrew J. Sptno
County Executive
Department of Planning
Gemtd E. Mullieaii. AICP
. Commissioner

August28,2003

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Village Administrator
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Re: V Cedar Street SidewalkImprpverricnt Projectv.. • : .;.....?. - ••-... .,
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Enclosed for your review is an analysis of the bids submitted on Monday August 18th, 2003, for
the Cedar Street Sidewalk Improvement Project All of the bid proposals received have been
checked for mathematical accuracy and the totals shown on the spreadsheet represent correct
amounts.
. ' - . . The Jow bidder is Acocella Contracting, Inc. at $134,495.00. This contractor has worked
successfully on Various other projects of similar scope, which have been funded with Community
Development Block Grant Funds. We have found their work to be of high quality and timely
executed. We recommend the Village award the bid to Acocella Contracting, Inc. at the next
Village Board meeting.
Please note that the Village attorney must check the contractor's references and perform the due
diligence to verify the bid. Please notify me once the bid has been awarded so mat we can
schedule a pre-construction conference.
I look forward to working with you in completing this project.

I

Anthony',
Director of planning &lt;gNHousing

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Norma Drummond, Assistant Commissioner

432 MkhftclUn Office Building .
148 Martin* Avenue
White Plains, ifcw York 10601
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A bid opening for the Cedar Street Sidewalk Replacement took place on Monday,
August 18,2003 at 10 am in VillageJffall, 28JBeekman Avenue, Sleepy,Hollow, NY
Present:

Angela Everett, Village Clerk ; ;- '
:
Abraham Zambrano, Village Treasurer':'.,: • •

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The following bids were received and opened:
N. Picco&amp;Sons •
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Base bid: $165,725.00
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154 E. Boston Post Rd.
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Mamaroneck, NY 10543 ':\ Vfc' '}• * V^C y\ ;;:•:";,$192,140JOO

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Acpcella Contracting, Inc.
68GaylorRd.
Scarsdale, NY 10583 Bid Bond Enclosed..

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Bid Bond Enclosed

Base bid: $119,945.00
Alt. bid:
14,550.6b^ . $134,495.00

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Landi Landscaping, Inc.
249 Main St.
Eastchester, NY10709 :&gt;:

Base bid: $144,695.00
Alt. Bid:
20,90a.06
$165,595.00

Bid Bond Enclosed
M&amp;Smasonry &amp; Construction
812 Palisade Ave.
Yonkers, NY 10703

Base bid:
Alt. bid

$188,035.00
35.920.00
$223,955.00

Bid Bond Enclosed
WJL Equities Corp.
157 Fisher Ave. Suite 3
Eastchester, NY 10709

Base bid: $146,275.00
Alt. bid: . 23,800.00
$170,075.00

Bid Bond Enclosed

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Vernon Hills Contracting
395 N. MacQueston Pkway.
M t Vernon, NY 10550

Base bid:
Alt. bid:

$156,350.00
27.550.00
$193,900.00

Bid Bond Enclosed
DaCosta Landscaping Cont Corp.
31 State Street
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Ossining, NY 10562
Bid Bond Enclosed

Base bid:
Alt Bid:

$253.800.00
36310.00
$290,110.00

�296

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Resolution of the Board of Trustees oftheVillage of Sleepy Hollow
;'-".{• .Authorizing Execution : . • •
, . " ; G I S Inter-MunicipalAgreement

Whereas, the Village of Sleepy Hollow and the County of Westchester are interested in
sharing spatial data as contained in existing and planned upgraded GIS data bases, and
Whereas, such sharing of information will result in a considerable cost; savings to the two
parties
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Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to
execute the attached mter-Municipal Agreement and to take other such steps as are
necessary to effectuate the intent of this resolution.
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Moved by: Trustee Spota, Second by: Trustee Hart, Vote: Unanimous

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Resolution#09/162/03, Date: September 9,2003

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�297

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Westchester Counts

914-285-3269

INTER-MUNICIPAL AGREEMENT

AGREEMENT, made the 1st day of August 2003 by and between.
THE COUNTY OE WESTCHESTER, a municipal corporation of'the State of
New York, having an office and place of business in the Michaelian Office
Building, 148 Marline Avenue, White Plains, New York 10601,
(hereinafter referred to as the "County")

- .

and

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VILLAGE OF SLEEPY HOLLOW, a municipal corporation of the State of
New York, having an office and place of business at 28 Beekman Avenue
Sleepy Hollow, New York 10591
(hereinafter referred to as the'Municipality")

WHEREAS, a major cost associated with the development of a geographic
information system ("GIS") program is related to the development and maintenance of its spatial
data; and

WHEREAS, the reuse and distribution of GIS data created by government
agencies provides significant cost saving opportunities to other government programs/entities
with limited technical and financial resources; and

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WHEREAS, the County and the Municipality are desirous of obtaining the
savings associated with sharing of their respective GIS data pursuant to the terms described
below.

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NOW, THEREFORE, in consideration of the mutual representations, covenants
and agreements herein set forth, the County and the Municipality, each binding itself, its
successors and assigns, do mutually promise, covenant and agree as follows:

FIRST: The Goiiiity agrees to make the following data sets available to the
Municipality:
Citywide data on CD-ROM to include:
•
•
•

100-scale planimetries
Color orthophotography
Database design document

(ARC/INFO export format)
(MrSid format)
(MSWord format)

The County does not warrant the accuracy of the above data and the Municipality
agrees to take the data on an "as is" basis. The Municipality agrees that the data is for internal *
use only and may hot be distributed to any third party without the consent of the County.

SECOND: The Municipality agrees to make the following data sets available to
the County:
ViBagewide data on CD-ROM to include, but not limited to:
•

Digital tax parcel coverage w/SBL (ARC/INFO export format)

The Municipality does not warrant the accuracy of the above data and the County
agrees to take the data on an "as is" basis. The County agrees that the data is for internal use
only and may not be distributed to any third party without the consent of the Municipality.

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THIRD: Each party agrees that except for the amount, if any, of damage
contributed to, caused by or resultingfromthe negligence of the other party, the mdernnifying.
party shall defend, indemnify and hold harmless the other party, its officers, employees and
agents from and against any and all liability, damage, claims, demands, costs, judgments, fees,
attorneys' fees or loss arising directly or indirectly out 6f the acts or omissions of the
indemnifying party.

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-...

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FOURTH: The term of this Agreement will commence August 1,2003 and
terminate July 31, 2008, unless terminated earlier as provided herein.

FIFTH: Either party may cancel this Agreement on thirty (30) days written •
notice to the other party. .

._

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SIXTH: This Agreement shall not be enforceable unless signed by the parties
and approved by the Office of the County Attorney.

SEVENTH: All notices given pursuant to this agreement shall be in writing and
effective on mailing. All notices shall be sent by registered ox certified mail, return receipt

I

requested and mailed to the following addresses:

To The County:
Norman J. Jacknis
CMef Information Officer
Michauelian OfficeBuilding, Room 908
148 Marline Avenue
While Plains, New York 10601
3

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Westchester County

914-^285-3269

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With a copy to:
Richard Cashman County Attorney
Michaelian Office Building, Room 600
148 Martine Avenue
White Plains, New York 10601 •..-. v.
And
Sam T. Wear
GIS Manager
Michaelian Office Building, Room 305
148 Martine Avenue
White Plains, New York 10601
To the Municipality:

I

Dwight Douglas
Village Administrator
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591
or to such other addresses as may be specified by the parties hereto in writing.

EIGHTH: This Agreement constitutes the entire agreement between the parties
hereto with respect to the subject matter hereof and shall supersede all previous negotiations,
comments and writings. It shall not be released, discharged, changed or modified except by an
instrument in writing signed by a duly authorized representative of each of the parties.

NINTH: Each party is solely responsible for any costs it may incur in the
development or subsequent sharing of its GIS data.

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Rug 29 03.02: 13p

Westchester County

314-285-3269

&gt;• p.5

TENTH: Any delegation of duties or assignment of rights under this Agreement,
without the prior express written consent of the County, is void.
IN WITNESS WHEREOF, the County and the Municipality have executed this
Agreement in triplicate:

-,:; . •&gt;.:: •....:.:-,- .'A _-. '•••.-••\

COUNTY OF WESTCHESTER

By:_

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By-_
(Name and Title)

Approved by the Board of Legislators of the County of Westchester by Act No. 199 on 9/9/02.
Approved by the Board of Acquisition and Contract of the County of Westchester on the 3rd day
of October, 2002.
Approved as to form and
manner of execution: "

I

Sr. Assistant County Attorney
The County of Westchester
r\dit\ima data sharing rev 11-22-02

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Resolution of the Board of Trustees
AcceptingResignation
Crossing Guard

Whereas, the Village of Sleepy Hoflow is in receipt of a letter dated August
28,2003 and co-signed by Chief Warrenfromthe Crossing Guard, Spencer
Edwards resigning effective August 29th, 2003,
Now, Therefore, Be It Resolved that the Mayor and Board of Trustees herein
accepts the resignation of Spencer Edwardsfromhis position of School
Crossing Guard/Parking Enforcement Officer and authorizes the Village
Clerk to so notify the Westchester County Civil Service Department.

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Moved by: Trustee Hart, Seconded by: Trustee Grala, Vote: Unaiiimous
Date: September 9,2003
Resolution #09/163/03

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�303

�PREVIOUS
DOCUMENT
IN POOR
ORIGINAL
CONDITION

�Meeting Date: 09/09/03
Resolutions: 09/164/03
Be it resolved that the Board of Trustees does hefeby confirm the Mayor's .
appointment of Osvaldo Calvi, 94 Ardell Road, Bronxyille, NY 10708 to the part
time position of Parking Enforcement Officer at an hourly salary of $11.00 per
hour. Said appointment not to exceed 17 Yz hours per week.
Moved :Trustee Grala

Secorided:Trustee Zieja

Vote:unanimous

Resolution #: 09/164A/03

I

Be it resolved that the Board of Trustees does hereby confirm the Mayor's
appointment of Louise Sharrock, 79 College Avenue, Sleepy Hollow, NY to the parttime position of School Crossing Guard at an hourly salary of $11.00 per hour. Said
appointment not to exceed 17 Vz hours per week.
Moved:Tmstee Grala

Seconded:Trustee Zieja

Vote:unanimous

I

�*ce

303

I
•*, Resolution of the Board of Trustees
Of the Village of Sleepy Hollow
Extending Certain Sick Leave Benefits
To James Margotta
WHEREAS, the Village of Sleepy Hollow Building Inspector, James Margotta, has suffered an ,•
illness leaving him unable to perform bis responsibilities for an anticipated two to three month .
period and possibly longer, and &gt; .'•':''-':^'j;'l1
:,..; :.
WHEREAS, Mr. Margotta has exhausted his accrued sick leave, vacation leave and personal days ^
as of August 27*, 2003, and •&gt;; :• - ^ ;•?. -:k \ -,. ^;. • ; . , .. V;&lt;
...•; \l:

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WHEREAS, Mr. Margotta has served the Village in the Building Department for almost twenty • •..&gt;••;
years and during that period of service has extended himself on many occasions putting extra
hours of work in without recompense and V
Whereas, the Mayor and Board_of Trustees would now like to extend sick leave benefits through .
the month of September in order to assist Mr. Margotta in his recovery and in recognition of his
long years of service and the extra hours of work he has treery provided to the village;
NOW THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees herein advances
sick leave benefits to Mr. Margotta through to and including September 30*, 2003
AND, BE IT FURTHER RESOLVED that the Mayor and Board of Trustees extends Mr.
Margotta its best wishes for a speedy recovery to full health.
Moved by: Trustee Zieja, Seconded by: Trustee Stever, Vote: Unanimous
Date: September 9,2003
Resolution #09/165/03

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Meeting Date: 09/09/03 . ; •.'..,••".•- - ; ; / - . . .V •&gt;-.-:..
Resolution #: 09/166/03

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Resolution of the Board of Trustees of the Village of Sleepy Hollow approving the
lease agreement with Onanipoint Facilities Network 2:
Whereas, Omnipoint Facilities Netword 2 LLC has proposed a lease agreement with
the Village of Sleepy Hollow to permit the installation and maintenance of .
equipment and antenna for the operation of its wireless network; and; ;. ;
-Whereas, the Village of Sleepy Hollow has determined that the execution of such a
leasehold agreement together with the required rental payments and protections
therein is in the best interest of the Village and is permitted by law; Now,
Therefore, Be it Resolved that the Board of Trustees hereby approves this proposed
lease agreement betweenJthe Village of Sleepy Hollow and Omnipoint Facilities
Network 2 dated as of the date of the Mayor's signature, with an initial annual rent
of $29,250.00, and authorizes the Mayor to execute it on behalf of the Village of
Sleepy Hollow.
.

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Moved: Trustee Stever Seconded: Trustee DiFelice Vote: unanimous

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�Meeting Date: 09/09/03
Resolution^ 09/167/03. . / . : • - i-k:--':\:-i '•'- \ .-*'

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Be it resolved, that the Board of Trustees of the Village of Sleepy Hollow approves
the hiring of Allison DePaolo, 95 Beekman Avenue, Sleepy Hollow, NY to work up
to fifteen hours per week at a rate of $8.50 per hour at the after school program run
by the Village's recreation department at the Morse School location. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: unanimous

Resolution #: 09/168/03

; . .

.

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Be it resolved that the Board of Trustees of the Village of Sleepy Hollow authorizes
the payment of a stipend to second and third year CIT's (Counselors in Training) as
follows:
Allison DePaolo 3 r d year CIT
Kristina Jacobsen 2*d year CIT
Kathlyn Moore 2"d year CIT
Emma Venturini 2ni year CIT
Melissa Smutek 2"d year CIT

$300.00
$250.00
$250.00

$250.00
$250.00

Moved: Trustee Spota Seconded: Trustee Hart Vote: unanimous

�308

Meeting Date: September 9 ,2003
Resolution #: 09/09/03
Be it Resolved that the Board of Trustees, pursuant to the recommendation of the Mayor
and Village Treasurer herein approves thefollowinghourly rate increase for Rafael
Bencosme effective September 1,2003
• ' Bencosnte:, : j ^ n :rrom: $ 1 0 ^ - h o ^
All other terms of employment as detailed in the November 19*, 2002 letter to remain in
full force and effect. .
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- ..

Moved by: Trustee Hart, seconded by: Trustee Grala, Vote: Unanimous
Date: September 9,2003
Resolution #09/169/03

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