https://sleepyhollow.localarchives.org/files/original/0068c1261ce317d8991d1a498b94cd03.pdf abee8c337da85680a74e061bb42a97cb PDF Text Text 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, June 14th, 2005 at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Deputy Mayor Mario DiFelice Kay Grala Rich Zieja Tommy Capossela Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Dolph Rotfeld, Village Engineer David Smith, Planning Consultant Sean McCarthy, Village Architect At 8:40 p.m. on a motion of Trustee DiFelice, seconded by Trustee Spota the Board went into executive session to discuss pending litigation and personnel matters. At 9:15 p.m. on a motion of Trustee DiFelice, seconded by Trustee Zieja the board came out of executive session and into special session. On a motion of Trustee DiFelice, seconded by Trustee Spota and subject to the review, and approval of the Mayor, the subject department heads, and the Village Treasurer the warrant of June 14th, 2005 and any vouchers as consolidated in said warrant were approved, with the exception that voucher #12220 for vendor #971, and vouchers #12237,12395, 12232, 12233 for vendor #20662 were held over for further explanation. During the Special Session the attached resolutions R-2 through R-6 were acted on as noted therein. On a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously the Board of Trustees approved by resolution (herein R-7) an administrative transfer of S25.000 in funds from the village's insurance reserve to GE Insurance Solutions, a division of Coregis, for the purpose of providing legal defense in a pending litigation matter. On a motion of Trustee Spota, seconded by Trustee Grala and carried unanimously the Board of Trustees resolved (herein R-8) that: pursuant to recommendation of the public safety subcommittee of the Board of Trustees after review of proposed specifications for the purchase of a new fire truck as presented by the chairman of the new truck �committee, Richard Gross, that said fire truck specifications be forwarded to the Village Attorney for his review and recommendation. At 9:35 p.m. on a motion of Trustee Capossela, seconded by Trustee Grala and carried unanimously, the special meeting was adjourned. �JSS Meeting Date: Resolution #: 06/14/05 06/103/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Modification to Employee Agreements WHEREAS, three Village employees, Joe DeFeo, Richard Gross and Dwight Douglas, are the subject of employment agreements, and WHEREAS, the Mayor and Board of Trustees have reviewed the terms of said employment agreements and the individual's performance there under and now wish to amend and extend said agreements under terms as mutually agreed thereto, NOW, THEREFORE, BE IT RESOLVED that the Mayor is herein authorized to execute said modified agreements and to take any and all steps necessary to effectuate the intent of this resolution; and BE IT FURTHER RESOLVED that the effective date of the amended and restated employee agreements shall be January 1 st , 2005; and BE IT FURTHER RESOLVED that for the year commencing January 1 st , 2006 said employee agreements shall be automatically modified to incorporate a 3.75% salary increase. Moved: Trustee Spota Seconded: Trustee Capossela vote: Unanimous �iSb I Meeting Date: Resolution #: 06/14/05 06/104/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Retain Gallagher Bassett to Perform Claim Administration in Connection with the Village's Insurance Policies for the Year June 1, 2005 through May 31, 2006 WHEREAS, Gallagher Bassett Services, Inc. of Two Pierce Place, Itasca, TL 60143, working in conjunction with W.H. Moulton Company LLC, has submitted a proposal for the services to perform claim administration on behalf of the Village of Sleepy Hollow as it relates to Property, General Liability, Automotive, and Public Officials Insurance; and WHEREAS, the total cost of the services to be provided by Gallagher Bassett Services, Inc. is $21,112.00 for the policy period beginning June 1, 2005 through May 31, 2006. I NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Sleepy Hollow ratifies the actions of the Mayor of the Village of Sleepy Hollow in signing and entering into a contract with Gallagher Bassett Services, Inc. for the services described above and as detailed in the contract for services attached hereto. Moved: Trustee Capossela Seconded: Trustee Grala Vote: Unanimous I •^JST-tH *"5™.f S S ^ t ' t e i r f * ! ! . - i f ^ f * * _ . t » i ' ' i ' f * - J h . i-AH?!,* __^ ^ati^i^fergWtf •tf.x.^i^s^^t—>•*<*2&^£^Atfrft3%$&iv&" "'" �151' I G GALLAGHER BASSETT SERVICES, INC. CONTRACT FOR SERVICES PARTIES Village of Sleepy Hollow, New York (hereinafter "CLIENT") hereby retains Gallagher Bassett Services, Inc. (hereinafter "GB") to perform the services listed on Schedule V. TERM This contract shall be in effect from 6/1/05 to 6/1/06 and shall remain in full force and effect unless amended or terminated. I ATTACHMENTS Attached hereto and made a part hereof are the following schedules: I. OBLIGATIONS OF THE PARTIES II. BANKING III. TERMS AND CONDITIONS IV. DEFINITIONS V. SERVICES AND FEES VI. ADDENDUM - COREGIS GROUP, INC. VILLAG I By:_ \ EPY HOLLOW, NEW YORK J)i^GoJXXXJ GALLAGHER BASSETT SERVICES, INC. By:_ ROBERT MASON CHIEF FINANCIAL OFFICER Title:, Date: %fauJT-.-r.'lftj\AA^ v, ^Rfe. ^ t £ ) ^ ADDRESS: 28 Beekman Avenue Sleepy Hollow, NY 10591 OG/cq 1/Steepy Motion. Village ol-010302.doc Date: S~/J//OJ~ ADDRESS: Two Pierce Race Itasca. IL 60143-3141 �SCHEDULE I OBLIGATIONS OF THE PARTIES Obligations of GB GB agrees to perform the following services: 1. With regard to Claims Administration. GB shall: a. Review each claim and loss report submitted by the CLIENT during the term of this contract. b. Conduct an investigation of each qualified claim or loss to the extent deemed necessary by GB. c. Maintain a file for each qualified claim or loss that shall be available for review by the CLIENT. d. Adjust, settle or resist all qualified claims or losses: 1) 2) within the stated discretionary settlement authority limit; with specific approval of the CLIENT, if outside the stated authority limit. e. Perform necessary and customary administrative and clerical work in connection with each qualified claim or loss, including the preparation of checks or vouchers, releases, agreements and other documents needed to finalize a claim. f. Establish and update claim reserves as needed. g. Assist the CLIENT in establishing a banking arrangement for loss and expense payments as set forth in Schedule II. h. Notify CLIENT, CLIENT'S agent or carriers, as designated by the CLIENT, of all qualified claims or losses which may exceed the CLIENT'S retention and, if requested, provide information on the status of those claims or losses. i. Coordinate investigations on litigated claims with attorneys representing the CLIENT and with representatives of the excess carrier, as required. It is expressly understood that all legal costs and loss payments will be charged to the CLIENT. j. Investigate and pursue subrogation possibilities on behalf of the CLIENT in all states permitting subrogation. Funds received from all subrogation collections shall be considered revenue of the CLIENT. k. Maintain an automated loss and information system, and provide the CLIENT with reports from RISX-FACS© as set forth in Schedule V. I. Provide forms, as determined by GB, needed to administer the CLIENT'S program. m. Provide additional sd hoc information, analysis, reports and services on a time and expense basis. n. Assist the CLIENT in selecting appropriate experts or specialists as the claims may require, o. Provide personnel needed to perform the services agreed to herein. 06/cq1/5leepy HT'HTM, Village Of-O10302.doc �B. 2. With respect to Self- Insurance Qualification, GB shall assist the CLIENT in the filing of periodic reports and renewal applications required by state administrative agencies. All fees and assessments in connection with such are the obligation of the CLIENT. 3. With regard to Risk Control Consulting and Appraisals, GB shall provide the services set forth in Schedule V. 4. Provide other services as set forth in Schedule V. Obligations of CLIENT 1. CLIENT shall pay GB for services the annual sum set forth on Schedule V, as agreed to under the "Billing and Payment Terms" section. At the end of each contract period, the annual compensation shall be subject to adjustment. Where applicable, GB shall audit the claim counts at the 18th, 24th, 36th and 48th month from the inception date of the contract. CLIENT shall pay GB any additional fees due as a result of these audits as specified under the Billing and Payment Terms section in Schedule V. 2. CLIENT shall provide funds for the payment of qualified claims or losses, allocated loss expenses, and any Managed Care fees, if applicable. GB shall not be required to advance funds to pay losses, allocated loss expenses, bank charges, or Managed Care fees. 3. Fees are payable upon receipt of invoice. GB reserves the right to charge 1 % per month, or the maximum legal rate, on balances unpaid after 30 days. SCHEDULE II BANKING - VOUCHER 1. GB agrees to assist the CLIENT in setting up a voucher system for loss and expense payments. 2. CLIENT shall at all times be responsible for the payment of qualified claims or losses and of allocated loss expenses. For this purpose, allocated loss expenses shall mean all costs, charges or expenses of third parties incurred by GB, its agents or its employees, which are properly chargeable to a qualified claim or loss including without limitation court costs, fees and expenses of attorneys, independent investigators, experts and witnesses, fees for obtaining diagrams, reports, documents, photographs, surveillance and appraisals. 3. CLIENT will establish procedures to make timely payments of loss and expense vouchers submitted by GB during the course of its claims management program. 4. It is expressly understood that GB shall not be required to advance its own funds to pay losses, and GB shall have authority to commit the CLIENT'S funds up to the discretionary payment limit set forth in Schedule V. 5. GB shall be held harmless and indemnified by CLIENT from any failure of CLIENT to make payments within agreed to and statutory time frames. OS/cq 1/Steepy Honovv. W l a g e Of-O10302.doc �SCHEDULE III TERMS AND CONDITIONS Discretionary Settlement Authority - The limit on any settlement payment by GB shall be as set forth in Schedule V. It is agreed that GB shall have full authority in all matters pertaining to the payment, processing, investigation and administration of qualified claims or losses within this limit. Failure of GB to settle a qualified claim or loss within such limit shall not subject GB to liability to any party in the event of an adverse judgment entered by any court or the settlement of such claim or loss for an amount in excess of such limit. Terms of Cancellation or Nonrenewal - Either party shall have the right to cancel or renegotiate the contract after each contract period by giving the other party written notice of intent to cancel or renegotiate at least sixty (60) days in advance, if timely notice of cancellation is given, this contract shall terminate upon the expiration of the current term. Unless stated otherwise in Schedule V, GB agrees that all claim files for claims incurred during the contracted periods will be handled for no additional fees for as long as the CLIENT continues to renew this Agreement. In the event of cancellation or nonrenewal of this program, GB may, at its sole discretion, continue to manage all pending run-off claims, and run-off claims incurred in this service term but not reported prior to the date of termination if CLIENT pays GB a mutually agreed upon per claim per year open fee to continue handling open claims. If run-off services are provided by GB, the services will be provided at a claims servicing branch selected by GB, and a reduced electronic RISX-FACS® reporting package will be provided at the CLIENTS expense. Banking and administration fees will be charged to the CLIENT as long as GB handles the claims. Should CLIENT renew only a portion of the existing program under this Agreement (fewer states, locations, coverages, etc.), all open claims not part of the renewed portions of the program shall be considered in run-off and subject to per claim per year open fees to be agreed upon by the parties. A reduced electronic RISXFACS 9 reporting package will be provided at the CLIENTs expense, as appropriate. Banking and administration fees will be charged to the CLIENT as long as GB handles the claims. Should no agreement be reached regarding these open claims, they will be returned to the CLIENT or forwarded to another party as designated by the CLIENT. Should the CLIENT elect to have the files returned to them, CLIENT agrees to reimburse GB for all payments made and subsequently paid by the bank, on behalf of the CLIENT, until all claims are closed within the RISXFACS=> system and all claim files have been returned to the CLIENT. GB will provide a tape or paper copy of the claim information in RISX-FACS® at GB's prevailing rate on the date of termination. Upon delivery of this information to CLIENT, claim information may be deleted from the system. If the CLIENT fails to pay any amounts billed, including but not limited to GB's service fee during the contract period; audit billings per Schedule I, Section B,1, Paragraph 2; the service fee to continue handling claims past termination date or bank charges, within 30 days, GB shall have the right to terminate the contract by giving the CLIENT ten (10) days' notice in writing. After receipt of payment of all fees due, GB will then return all files to the CLIENT in an orderly manner. Costs for file transfer shall be the obligation of the CLIENT. Sole Claims Administrator - During the terms of this Agreement and except as otherwise agreed to by the parties hereto, CLIENT agrees that GB shall be the sole claims administrator with respect to CLIENT'S program and that all new claims under CLIENT'S program shall be forwarded to GB. CLIENT further agrees not to self- administer or adjust any such claims or to forward any such claims to any other service organization or individual without GB's prior written consent. Practice of Law - GB will not perform any services which may constitute the unauthorized practice of law. Mutual Indemnification - GB agrees to defend, indemnify, protect, save and keep harmless CLIENT from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of GB. 06/cq 1 /Sleepy HoOow. VJDage c f - 0 I 0 3 0 2 - d o c �1(0 CLIENT agrees to defend, indemnify, protect, save and keep harmless GB from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of CLIENT. The foregoing indemnification provisions shall survive termination of this Agreement. F. Notices - Any notice required to be given under this contract shall be sent by certified mail to the following in the case of GB: Mr. Robert Mason Chief Financial Officer Gallagher Bassett Services, Inc. The Gallagher Centre Two Pierce Place Itasca, IL 60143-3141 and in the case of the CLIENT: Mayor Philip Zegarelli Village of Sleepy Hollow, New York 28 Beekman Avenue Sleepy Hollow, NY 10591 G. Successors/Affiliates - This contract shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in interest of the parties. The services to be provided by GB hereunder may be provided in whole or in part by any affiliated entity of GB, at the sole discretion of GB. In such event, the terms of this Agreement shall be binding upon and shall inure to the benefits of such affiliated entity. H. Modification - This contract represents the entire Agreement between the parties and may be modified only in writing. GB reserves the right to modify fees if: It is determined that the historical data upon which GB's fees and service charges developed were based upon erroneous, obsolete or insufficient information, or that a change in CLIENT'S business will materially change the nature and/or volume of its business or claims as contemplated at the inception of the Agreement. During the term of the Agreement, legislative and/or regulatory requirements materially impact or change the scope of GB's services or responsibilities. 1- Confidentiality of Data - All data furnished by the CLIENT, or generated as a result of services performed under this agreement, and other information designated by the CLIENT in writing, shall be treated as confidential. GB reserves the right to use statistical information or other data, so long as the CLIENT'S name and/or confidential data are adequately protected. J. Status - It is understood that GB is engaged to perform services under this contract as an independent contractor and not as an agent of the CLIENT. This contract shall be governed by the laws of the State of Illinois. K. Managed Care - If GB provides Managed Care services as part of the CLIENTS program, either directly or indirectly through an independent contractor, CLIENT agrees that GB may be entitled to an additional fee fn connection with the Managed Care services (all or part of which may be paid to GB by the independent CGtaj I/Sfeepy Holtow. Vifiage of-010302.doc �contractor) and to comply with the procedures for utilizing any such Managed Care services. Any such additional fee will be in exchange for bona fide administrative services provided by G B in connection with the Managed Care services. If G B provides CLIENT access to the First Health Preferred Provider Organization, CLIENT agrees to comply with the procedures for utilizing the First Health PPO Program. L. Reporting - GB will not assume that other coverage (unknown to GB) exists for a qualified claim or loss. GB shall not be responsible for reporting to carriers on a type of claim or loss not managed by G B . M. Fines and Penalties - G B shall not be responsible for any fines or penalties assessed by any governmental agency because of the acts or omissions of the CLIENT, or by previous or successor claim administrators. N. Solicitation of Employees - CLIENT agrees that, during the term of this Agreement and for a t w o - y e a r period thereafter. CLIENT shall not. without the consent of G B , solicit to hire, or hire any employee of G B w h o , during the term of this Agreement, has performed, or contributed to the performance of, services hereunder. CLIENT further acknowledges that the damages suffered by GB as a result of a breach of this obligation would be significant but not susceptible of easy calculation. Accordingly, in the event of a breach of the aforesaid obligation. CLIENT agrees to pay GB an amount equal to one hundred fifty percent (150%) of such employee's annualized salary amount at G B as of the date of breach. O. Risk Control Consulting - With respect to any risk control consulting services, including any f o r m of inspection service provided by GB to CLIENT: 1. Such services shall be in the nature of advisory to the CLIENT only and shall not b e construed as imposing upon G B any duty to implement any recommendation made by G B or to otherwise ensure that any premises, equipment or other subject matter of a G B consulting service is safe or free from hazards or defects; 2. Such services shall be solely for the benefit of CLIENT and shall not be construed as creating any duty to. or conferring any right to, any third party, including without limitation, any duty to warn any third party or the public at large; 3. If GB fails to complete the contracted Risk Control Consulting Services during the term of this Agreement due to the CLIENT'S failure to cooperate with GB's service delivery objectives, then GB will have an additional six (6) months in which to complete the contracted services. If the C L I E N T fails to cooperate with GB's service delivery objectives during such six (6) month period, then G B ' s obligation to complete the contracted services will be deemed to be fulfilled and CLIENT shall not b e entitled to any refund for services not provided. If for any reason other than CLIENT'S lack of cooperation, G B fails to complete the contracted services during the term of the Agreement, then CLIENT, at its discretion, may either receive a refund for that portion of the contracted services which were not completed or may extend the term for completion of the contracted services by a period of six (6) months. P. Records Retention - G B will retain claim files for 24 months following date of closure. Thereafter, files will be returned to the CLIENT or forwarded to such location as may be designated by the CLIENT for continued storage. G B will retain hard-copy checks for ninety (90) days following the date of bank clearance. Thereafter, copies of checks will be maintained on CD ROM. Q. Subrogation - T o the extent G B is involved in pursuing recoveries against third parties or otherwise undertaking subrogation activities on behalf of CLIENT, GB is authorized to collect, in the n a m e of the C L I E N T or 'm the name of G B , all funds due as a result of such recovery or subrogation activities. G B shall not b e required to establish any trust accounts for the benefit of CLIENT, but shall promptly and fully account for all funds so received. R. Taxes - CLIENT shall be responsible for payment of all applicable sales, use, ad valorem a n d excise taxes; duties; and assessments relating to the services provided hereunder. CLIENT shall hold G B harmless from afl claims and liability arising from CLIENT'S failure to pay such taxes. OSfcqt/Sleepy HoBow. Village Of-O10302.doc �I<f3 I Non-U.S. Dollar Transaction - In the event that GB handles any non-U.S Dollar claims, CLIENT shall be responsible for any rate fluctuations. Escheat - The parties acknowledge that any and all escheat and unclaimed property obligations of any type or variety lie with CLIENT and not GB. Pursuant to the other terms and conditions of this contract, GB shall provide CLIENT with such information and reports as reasonably required by CLIENT to perform this function. SCHEDULE IV DEFINITIONS Claim - Any report of an accident (first or third party) alleging or resulting in injury, damage, or loss which could give rise to a demand for the payment of money. The claim charge is applicable on a per occurrence, per claimant, per line of coverage basis as defined in the RISX-FACS® system. Discretionary Settlement Authority - GB is authorized to make payment, for loss or expense, up to this amount, as GB deems necessary. I Qualified Claim or Loss - GB will investigate and adjust any loss or claim occurring within the service term, provided the loss or claim type is identified in Schedule V. Allocated Expenses - Shall be the responsibility of the CLIENT and shall include, but not be limited to: legal fees professional photographs medical record experts' rehabilitation costs accident reconstruction architects, contractors engineers police, fire, coroner, weather, or other such reports property damage appraisals extraordinary costs for witness statements official documents and transcripts sub rosa investigations medical examinations extraordinary travel made at CLIENT'S request court reporters fees for service of process pre- and post-judgment interest paid chemists collection costs payable to third parties on subrogation any other similar cost, fee or expense reasonably chargeable to the investigation, negotiation, settlement or defense of a claim or loss which must have the explicit prior approval of the CLIENT Managed Care Managed Care - Managed Care services shall include, but not be limited to: preferred provider organization networks state fee scheduling usual, customary and reasonable bill review medical case management and vocational rehabilitation network I 05/cq J/S!eepy Hoflow. Village of-010302.doc utilization review services light-duty and return-to-work programs prospective injury management services hospital bill audit services wholesale pharmaceutical network retail pharmaceutical network �\(oH I SCHEDULE V SERVICES AND FEES Client: Village of Sleepy Hollow, Mew York Service Period: From 6/1/05 to SERVICES PROVIDED: A. GB Client #: 6/1/06 id SERVICES PROVIDED: C. Claims Administration Ind Loss Funding Auto Liability - Bodily Injury (AB) X SIMMS Auto Liability - Property Damage (AD) X Voucher Auto Physical Damage (APD) X Client Owned Banking D. Supplemental Genera! Liability - Bodily Injury (GB) X General Liability - Property Damage (GD) X Loss Notice Program RpL Level S Products Liability X Detailed Status Rpts RpL Level S50.000 X Professional Liability X Meetings X Property X Settlement Au&iority $2,500 X Index Bureau . X Medical Only Coordination X Indemnity Audits Workers' Compensation (WC) B. 010302 Other Incident Processing Assumption Record Only Processing Information Services Update Appraisals RISX-FACS© Risk Inspections Standard Package X Non-Standard Reports GB/GCR Mod. Care (Paid Off File) E. Risk Control Consulting risxfacs.com Loss Control Terminals & Printers Risx-Control Consulting - Data Transfer I Hours X TOTAL 21.112 ADDITIONAL SERVICE TERMS AND CONDITIONS: None. BILLING AND PAYMENT TERMS: Fee is payable in 1 annual installment beginning 6/1/05. Fees are payable upon receipt of invoice. GB reserves the right to charge 1 % per month, or the maximum legal rate, on balances unpaid after 30 days. I 06/cqJ/5feepy HoBov.-. Village of-010302.doc siAi.--.Oi-*J^ 1 -j»" ! &*S �1*5 I -9 SCHEDULE VI ADDENDUM COREG1S GROUP, INC. The following is made part of the contract for services between Village of Sleepy Hollow. New York (client), and Gallagher Bassett Services. Inc. The effective dates of this addendum are from 6/1/05 to 6/1/06. Coregis Group, Inc. must receive written notification for any claim, occurrence or suit that involves any of the following categories: Any claim for damages that are equal to or exceed 50% of the self insured retention Any lawsuit with an unstated ad damnum Any claim involving: I Death Head injuries involving brain damage Quadriplegia, paraplegia, paralysis Amputation of a major body member Serious burn injuries Environmental claims involving contamination, pollution, toxic chemicals, radiation and or asbestos Rape and or serious physical assault Class action Cases involving substantial disfigurement or serious permanency, especially cases involving minors Claims or suits filed directly against any Coregis Group, Inc. company Suits arising out of an insured being bankrupt Any other claim where it is advisable to seek review by Coregis Group, Inc. Appellate cases (plaintiff or defendant). The purpose of the enumeration of categories is simply to highlight language contained within the policy purchased through Coregis Group. Inc. It is not intended to create any new obligations among the Members of the Pool or Agency. Because the excess insurance policy specified above requires written notification regarding claims, occurrences or suits, in the categories listed above, GB, upon receiving written notification from the client of a claim, occurrence or suit in this category, wifi report such a claim, occurrence or suit to Coregis Group, Inc. and shall continue to report regarding such claims, occurrences or suits as is required by the Policy. I OS'cqJ/Steepy HoBow. Wlage of-0i0302.doc �Meeting Date: Resolution No.: 06/14/05 06/105/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Resignation of P.O. Shawn D. Harris WHEREAS, Police Officer Shawn D. Harris ("Harris") was employed as a police officer in the Village of Sleepy Hollow Police Department ("Sleepy Hollow"), and WHEREAS, Harris, by letter dated May 10, 2005, submitted his resignation from the Sleepy Hollow Police Department to Police Chief Jimmy Warren ("Warren"), and WHEREAS, such resignation must be formally accepted by the Village of Sleepy Hollow Board of Trustees ("Village"), as of June 14, 2005, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire ("Policy"), and WHEREAS, this policy was effective and applies to Harris and is a term and condition of his resignation. NOW, THEREFORE, BE IT RESOLVED, that the Village accepts the resignation of Harris, dated May 10, 2005 and effective June 9, 2005, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Harris and a copy be placed in his personnel record with proof of service and that we wish him well in his new endeavors. Moved: Trustee Grala Seconded: Trustee Zieja Vote: Unanimous �lie A* May 10,2005 Chief Jimmy Warren Jr., Esq Chief of Police Village of Sleepy Hollow Police Department 28 Beekman Ave Sleepy Hollow, NY 10591 Subject: Resignation Dear Chief Warren, As per our conversation, I am waiting this letter to regretfully inform you, that as of 2359hrs, June 9,2005 I am resigning from my position as a Police Officer with the Village of Sleepy Hollow Police Department. I am extremely grateful for the opportunity that you gave me to serve as a member of your department and to serve the citizens of Sleepy Hollow. It was also a pleasure to work with some of the most professional Police Officers in New York State. Although the experience was not always pleasurable, I sincerely feel that it is in my best interest that I leave at this time. Please convey my thanks and appreciation to the Mayor, Board of Trustees and members of the Police DepartmenL Respectfully Submitted, P.O. Shawn D. Harris #155 �I Meeting Date: Resolution #: 06/14/05 06A(#05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Confirming Mayor's Approval for Hunter Avenue Block Party WHEREAS, a letter request was received for approval to hold the Annual Hunter Avenue Block Party on Saturday, June 11/2005, to begin at 3:30 p.m. and continue through the evening closing the intersections of Bellwood Avenue and Hunter Avenue to Munroe Avenue and Hunter Avenue; and WHEREAS, the Mayor approved said event by letter on June 7, 2005 to Ruth Patterson to be confirmed at the June 14, 2005 Board Meeting. NOW, THEREFORE/ BE IT RESOLVED that the Village Board herein confirms the actions of the Mayor to allow the Hunter Avenue Block Party on Saturday, June 11, 2005, to begin at 3:30 p.m. and continue through the evening and to close the intersections of Bellwood Avenue and Hunter Avenue to Munroe Avenue and Hunter Avenue. Moved: Trustee Zieja ; Seconded: Trustee DiFelice • vote: Unanimous I �1(^9 i p. 01 OC ; G^uuuJjLkM June 3,2005 Mayor Philip E. Zcgarelli Town Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Dear Mayor Zegarelli, I Hunter Avenue in Philipse Manor would like to host our annual block party on June 11th, 2005. I am writing with a request for our block to be closed from the intersections of Bell wood and Hunter to Monroe and Hunter for the duration of the event. The party is planned to begin at 3:30 and continue throughout this evening. In the past the town has granted us permission to close the block and I am hoping you will do so again. I thank you for your consideration. If there is any other information you need or if you have any questions at all, please do not hesitate to contact me @ 631 - 5621 or cell #420-8680. Sincerely youjs, Ruth Patterson 175 Hunter Avenue Sleepy Hollow, NY 10591 I -* �Meeting Date: 06/14/05 Resolution No: 06/107/05 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE WAIVER FOR SPECIAL COUNSEL TO REPRESENT THE TARRYTOWN UFSD. WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") and the UFSD of the Tanytowns ("District") are negotiating a license for the use and performance of work on District property, and WHEREAS, the Village has been represented in the past by the law firm of Keane & Beane PC, and that firm also serves as counsel to the District, and WHEREAS, the District wishes to use Keane & Beane. PC as their attorney for this transaction and the Village will use the Village Attorney, and WHEREAS, there maybe a conflict of interest based upon the relationship of Keane&Beane PC witii both parties, and WHEREAS, the Village Attorney, after careful review, has opined that given the limited nature of tin's transaction, that any purported conflict can be resolved by a waiver, NOW THEREFORE BE IT RESOLVED, that the Mayor is authorized to execute the proposed waiver on behalf of the Village authorizing Keane & Beane PC to represent the District in this transaction. Moved: T r u s t e e D i F e l i c e Seconded: T r u s t e e , Sprite Vote:Unanimous �3-05 :2:45p:n FrcrrG3in8S,Gruner.PoiuiniiNovick.LLP KEANE & +314 288 0350 B E A N E , P.C, T-60! P.DG4/GCE F-518 . 445 HAMILTON AVENUE, 15™ FLOOR WHITE PLAINS, NEW YORK ioeoi (914)94^777 FACSIMILE (914)946-6356 www.kbJaw.cofn F A C S I M I L E TRANSMISSION Date; June 13,2005 Telecopy To: Name: Robert PonzLni, Esq. F a x No.: 288-0 850 This Telecopy is from: Lawrence Praga Client/Matter Names: License Agreement Between the Village of Sleepy Hollow and TanytownUFSD Comments: _ ___ As discussed, this Sen is special counsel to the Village of Sleepy Hollow for particular sprang and land use matters, as well as general counsel to the Tarrytown TJFSD. As we have been requested to represent the School District with, respect to a proposed License Agreement between those two parties, annexed pleasefinda letter waiving any potential conflict of interest, which we are requesting both parties to execute. The waiver will permit Ibisfilmto represent the School District in this mutter. Kindly have the Mayor or other appropriate individual execute the waiver letter and fax the same to me, thereafter sending the original by maiL As also discussed, I will require a survey and metes and bounds description of the license area, including any outlet pipes. I would also appreciate receipt to a description of the proposed improvement and its purpose, Please call should you wish to discuss. We are transmitting 3 pages (including this coyer sheet). If transmission is mcomplete, please call (914) 946-4777. TOE INFOKttfTION CONTAINED IN TBJS FACSmOE IS CONFtDENTJAL AND IS INTENDED ONLY FOE JSE USE Of TBS NAMED ADDEBXSEE. IF 22S XSADE* OF UBS MESSAGE IS NOT JOE NAMED ADBXESSBE 0* JOB tBMSON EESfONSOLE TO DELIVER IT TO TBE NAMED ADDMESSEE TOV AME WOtEBT ffOTH^ED TEAT ANT USB Op WIS FACSIMILE OK OS COXIXXIS, AKXEWW DtSSEMDUTTON OX COttBfQ IS SOOXHUT rWOMBOTED, JT TOO SAVE BECEim> TBXS fACSDAOEINEUtm, MEASEOSUELHATEUNCmFTXEAHB * tSAm, fJL XT imJOBaNE (914} 9*6AKPJ'OSTAGZ EXPENSE 1WX. DOING SO. JBAXKYXJU. //NOTEirCOOCSVOT VUMS ^ ^ ****««««*«. �\T2- Jur.-13-05 I2:45pn +914 238 0350 Frcra-Gaines.Grunar.PonziniiNovick.LLP. T-SOI P.Q05/006 F-513 I KEANE & BEANE, P.C. E O W A 3 B F. B E A N E D O N N A E. F R O 6 C 0 ' T ° BAVID OWA53ER LANGE H. KL£|N° RONALD A. LONOO R I C H A R D L. O ' R O U R K C P A T R I C K J . CJ-SUUUIVAN LAWRENCE PRAGA J O E L H . BACHSQ 3 T E V 2 N A. SCHURKMANfl J U D S C N K. S I E a E f J T '<me H A M I L T O N T H O M A S F. K E A N E . J R . AVENUE W H I T E P L A I N S , NEW YORK I 0 6 0 I <9|A) 8 4 6 - 4 7 7 7 TELEFAX I B M ) 9 4 6 - 6 $ e e www.K&law.com (I032-I20I) S T E P H A N I E L. B U R N S 9 ROBERT J . GALEY, J R . E P I C L, O O H D O N ' 0 EDWARD J . P H I L L I P S " J E N N I F E R M- P O R T E R " STEPHANIE M. R O E B U C K NANCY" T A G L I A F I E R R O " N I C H O L A S M. W A R D - W I L L I S " " * L o o APMITTCD IN GA j A H £ S W. SQRKOWSKi 0 June 10,200S " * i £ 0 »£>l»|TTCO I N CT TALS3 APMITTCD IN DC C J O H N F. BURKHARDT RICHARD A, LEVIN A L * 0 ADMITTED IM FL • A l i a AnHlTTCo I N H A ° A U < 3 ADKITTED IN NJ Dr. Howard Smith, Superintendent Tairytown Union Free School District 200 North Broadway Sleepy Hollow, New York 10591 Re: Philip E, Zegarelli, Mayor Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 I Waiver of Potential Conflict license Agreements between TanytownUJ?.S J), and Village of Sleepy Hollow Dear Dr. Smith and Mayor Zegarelli: Keane & Beane, p.C, as general counsel to the Union Free School District of the Tarrytowns ("School District") has been requested, in mat capacity, to draft a license Apeement between the School District and me Village of Sleepy Hollow ("Village") to permit the Village to construct and maintain a sedimentation basin on tffflds known as "Peabody Field", owned by the School District. However, Keane & Beane, F.C. presently also acts as special counsel to the Village with respect to specific Village projects. Keane & Beane, P.C. does not now and will not render legal advice to the Village with respect to the above-referenced license Agreement In light of the above, Keane & Beane; P.C. now seeks, from bom the School District and the Village, an acknowledgement and waiver of any potential conflict msinz from representation of the School District with respect to the above-referenced License Agreement As both parties have stated a willingness and/or desire to waive any patenHaJ ra^fljtf, y* ask that you sign where indicated below, acknowledging your awareness of potential amfKcts 1SSHOV2S1006 VI 6MUOS I �H3 I Jun-13-05 12:46pa Froi-Gainss.Gruner.PonzinitNovick.LLP. T-601 *914 238 0850 P.006/006 F-518 K E A N E S BEANE,P. C Dr. Howard Smith Philip E. ZegarellL Mayor JuaeflO, 2005 Page 2 and your waiver of the same, permittuig Keane & Beane, P.C. to represent the School District in the matter satforthabove. i Very truly yours, Lawrence Praga LP/rac I Dated: _,NewYaik ,2005 ACKNOWLEDGED AND AGREED TO: UNION EREE SCHOOL DISTRICT OF THE TAKRYTOWNS _^ New York .,2005 Dated; ACKNOWLEDGED AND AGREED TO: VILLAGE OF SLEEPY HOLLOW I itsimvztioet YI•.taws 2 -- i-*C*\~-. W ( ' - V k.***^- **.!&£ � 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-2005 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_2005-06-14 Subject The topic of the resource Board of Trustees Minutes-2005 Date A point or period of time associated with an event in the lifecycle of the resource 2005 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