https://sleepyhollow.localarchives.org/files/original/0bf168412e7365e50dd24a7b8657133b.pdf 3c519e834e6a4b81ac640f3b7b939de7 PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, June 21,2005 at 8:00 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota Thomas Capossela Kay Brown Grala Andrew Murray Absent: Trustees Trustee Richard Zieja Also Present: Dwight Douglas, Village Administrator Robert Ponzini, Village Attorney Robyn DeCarlo, Village Treasurer Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. The Mayor asked that everyone remain standing for a moment of silence for Ethel Shaw and Mr. Gerosa, two Sleepy Hollow residents who passed away recently. Approval of Minutes Trustee DiFelice moved to approve the minutes of May 17, 2005, seconded by Trustee Spota and motion carried unanimously. Trustee Spota moved to approve the minutes of May 24, 2005, seconded by Trustee Capossela and motion carried unanimously. Trustee Capossela moved to approve the minutes of June 14,2005, seconded by Trustee Grala and motion carried unanimously. Trustee Grala moved to approve the minutes of May 31,2005, seconded by Trustee Murray and motion carried unanimously. Public Hearing-Continuation of C-2 Zone Proposed Amendments Dave Smith, Village Consultant, gave a brief summary of the C-2 proposed amendments. There were no comments from the public. Trustee Murray moved, seconded by Trustee DiFelice to close the hearing, motion carried unanimously. Approval of Warrants Trustee DiFelice moved, seconded by Trustee Spota to approve the warrant of June 2!, 2005 and authorize the Treasurer to pay the bills upon review, approval and signature of the Mayor and Treasurer. Motion carried unanimously. Total of the General fund is $387,609.30, Water fund total is $100.00 and Capital fund total is S59,690.56. �y\5 I Public Comments Steve Maceyak had questions regarding Ichabod's Landing and commented that the Planning and Zoning Boards were very receptive to his concerns. He requested that a meeting be set up with the Counsel of Committees to discuss the issues concerning Ichabod's Landing. Don Caetano had concerns regarding illegal homes. Residents from those homes are parking on Lawrence Avenue when they don't even live there. Tickets should be issued there. Lawrence Avenue should be made a one-way street so that it can be widened for more parking. Mario Belanich asked why people could not park in front of the Post Office to go in there to do business. The Mayor commented that parking in front of the mailbox is for dropping mail into the box only. If you need to go into the Post Office, you must park in the space before the mailbox. * Chick Galella commented that a time limit should be set for public comments. Mr. Galella asked why we hired a transfer for the police department rather than from a list. The Mayor commented that we hired two Police Officers, one was a transfer and the other was from the list. I The Mayor explained that when we hire a transfer it saves us money because they have already been trained and can go out on the streets much sooner than a new officer can. Mr. Galella commented that he felt the K-9 unit is going to be very costly to the village in overtime. The Mayor commented that the Village Treasurer will get the figures for him for the overtime so far. Mr. Galella suggested that we reduce the number of trustees from six to four and hire a full time manager which he felt would save the village money. Mayor's Report Mayor Zegarelli reported that we have received a $25,000. grant from Senator Nick Spano for our Statue Fund. The Mayor met with General Motors representatives to discuss the status of the current proposals for the GM site. I The Mayor received a letter from JB Cobbs, a resident of Sleepy Hollow regarding the former Uncle Jerrys deli and the underground tanks. The Mayor commented that he knows the tanks were checked many years ago when McCall Frandsen was still at that location and the state had approved the building of Uncle Jerrys' Deli at that site when McCall Frandsen was closing, therefore a parking lot on that area at this time should not create any problems. 2 ):«I*jrt.li •s«iC i ssd*Si. ,. L&iU c i i ^bUwsStasiii&feMSBSj �The Mayor commented that Village Employees Appreciation Day will be held on June 23 rd . Mayor Zegarelli read a note from Katlin Moore thanking him for the Hall of Fame award. The New Jersey Lighthouse Association held their annual convention this past Saturday at our Lighthouse. The Mayor commented that we have had discussions with the Superintendent of Schools regarding the feasibility of the them purchasing diesel/gas from us at our pumps located at the Public Works garage on River Street. The Mayor commented that we will be setting up a Council of Committee meeting shortly to discuss several issues. We received turn-off notices from Con Ed for 172 and 176 Beekman Avenue. The Mayor has had discussions with Supervisor Robert Meehan regarding the establishment of a separate election district for the CCRC at Phelps Memorial Hospital. We have received a notice of violation in the fire house and I have given the Fire Chief a copy. We are reviewing bids received for the sidewalk project for Lawrence Avenue. We have received a Notice of Claim from Cirillo Rodriguez. We received correspondence from Mr. Liscomb regarding how we are trimming our trees. There seems to be difference of opinion on how trees should be trimmed. Trustee Spota read correspondence from the Fire Council regarding actions taken at their recent meeting. (Part of official minutes) Trustee Spota moved, seconded by Trustee Capossela to confirm their actions, motion carried. The Mayor read a request from the Immaculate Conception Church to hold their annual bazaar from August 11 th through August 14th ; rain dates are August 18th and 19 t h . Trustee Capossela moved, seconded by Trustee Grala to approve their request, motion carried. Trustee Reports Trustee DiFelice read the attached Public Works Report. Trustee Capossela read the attached Administrative Report. Trustee Spota reported that the Public Safety Committee met last night. Sgt. Camp and Officer Hennessey attended the DWI Sobriety Course. �111 I Trustee Grala reported on several recreation programs. Trustee Grala commented that a Design Contractor has been hired for the new fire alarm system to be installed at the Warner Library. Trustee Murray had no report. Administrator's Report-None Resolutions-Attached New Business Trustee DiFelice commented that he has heard that there is a sex offender living at 126 Valley Street and we should have the police department check into this. The Mayor received an additional memo from Sean McCarthy regarding additional violations on Anderson Avenue. Public Comments Don Caetano wanted to know what have we been paying in our taxes for sanitation. The Mayor gave an explanation and commented that seniors do receive a reduction on the garbage rates. I There being no further business, Trustee moved, seconded by Trustee to adjourn the meeting, carried. Respectfully submitted, AngelasEverett Village Clerk I »-iK~ -^ * ^ . _ : ^ 53»^&^r^i.^^?C^^iiS£ i .5r*"v4 - i i - ^ E ^ ^ l f ^ ^ ^ ^ j ^ ^ ^ �Meeting Date: 06/21/05 Resolution No.: 0 6 / 1 0 8 / 0 5 RESOLUTION TO ACCEPT THE PROPOSAL FROM CBIZ VALUATION GROUP (CVG) FOR PROFESSIONAL CAPITAL ASSET INVENTORY AND MANAGEMENT CONSULTING SERVICES FOR THE VILLAGE OF SLEEPY HOLLOW WHEREAS, the Village of Sleepy Hollow is mandated by the Office of the State Comptrollers to provide an Fixed Asset Inventory in the 2004-2005 audit year, as provided by GASB34 guidelines, and WHEREAS, the Village has received a fixed asset inventory proposal from CBIZ Valuation Group (CVG) at a cost not to exceed S9.500.00, this amount has been budgeted for in 2005-2006 capital fund, and WHEREAS, the proposal has been reviewed by Joe DeMelia, CPA and the Village Treasurer to ensure it meets the required mandate by GASB34, and WHEREAS, the Board of Trustees of the Village of Sleepy Hollow has been advised and believes it is in the best interest of the Village to accept this proposal. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow does hereby accept the Capital Asset Inventory proposal from CBIZ Valuation Group (CVB) in the amount not to exceed 59,500.00 and authorizes the Village Mayor to sign the "Proposal" on behalf of the Village of Sleepy Hollow. MovedTrustee G r a l a Seconded:Trustee Murra y Date: Unanimous �Meeting Date: 06/21/05 Resolution #: 0 6 / 1 0 9 / 0 5 Resolution of the Board of Trustees of the Village of Sleepy Hollow approving the purchase of an ODB Self-contained Vacuum Leaf loader Model SCL800TM20 from P A C C WHEREAS, Section 1902 of Act 57 of May 15, 1998, (Title 62 Pa C.S. 1902), known as the "Commonwealth Procurement Code", permitting local public procurement units, local municipalities, and authorities to sponsor, establish, participate in, conduct, or administer a cooperative purchasing agreement for the procurement of any goods, materials, equipment, or services with another local public procurement unit, A "local procurement unit" is defined as : any political subdivision, public authority, educational, health, or other institution; and to the extent provided by law, any other entity, including a council of governments o r an area government; nonprofit fire, rescue or ambulance company; and any nonprofit cooperation operating a charitable hospital; and WHEREAS, it is herby deemed to be in the best interest of the Village of Sleepy Hollow, to participate in PACC (PA Capital City) automotive and equipment contract, which is administered by The City of Harrisburg. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, that the Village of Sleepy Hollow, will participate in PACC Automotive and Equipment Contract, by purchasing supplies, services from the contract and based upon the terms and conditions of the contract and the same prices. Further, the Village of Sleepy Hollow, will be responsible for the payment of the price directly to the contractor of said expenses directly related. Moved: T r u s t e e M u r r a y Seconded:Trustee D i F e l i c e V t Unanimous �no Meeting Date: 06/21/05 Resolution No.: 0 6 / 1 1 0 / 0 5 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW APPROVING PAYMENT OF CARRYOVER VACATION TIME WHEREAS, the Mayor and Board of Trustees have received a request from Cielo D Canola to be paid out for five (5) unused vacation days through payroll. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow does hereby authorize the Village Treasurer to pay Cielo D. Canola for her unused vacation days. Moved: T r u s t e e D i F e l i c e S e c o n d e d : T r u s t e e S Pota Vote: Unanimous �0 I Meeting Date: Resolution^ 06/21/05 06/111/05 Whereas, the Mayor and Board of Trustees have reviewed the functions and performance of certain non-union personnel working in the offices of Village Treasurer and Village Clerk and, Whereas, as part of said review, the Mayor and Board of Trustees with valuable input from the Village Administrator and Treasurer have determined that a reallocation of funds within the subject departments to properly recompense key personnel is warranted, and Whereas, said recompense can be accomplished while limiting the overall budget impact to a net departmental 1% increase from the prior year, I Now Therefore be it Resolved that the Board of Trustees does hereby approve annual salaries for the following full time employees not covered under union contract: Angela Everett, Village Clerk Sonja Goldstein-Suss, Dep. Clerk Cielo Canola, Int. Acct. Clerk Werdi Zhang, Dep. Treasurer Rae Lee, Office Asst/financial $72,000* $65,000 $42,500 $40,000 $41,500 Said new salaries to take effect as of June 1, 2005 * includes $ 1000 longevity Trustee Moved b v : T r u s t e e S p o t a Seconded b y : C a p o s s e l a Resolution # 6 / 1 1 1 / 0 5 . Date: 6 / 2 1 / 0 5 Vote: Unanimous I &*Wi>lVJM"£S ^ ^ ^ ^ H ^ ^ ^ S i ^ ^ i �/&?< I WWII L t VV VI -sudii! riua-uainss.iirunBr.i'onziniJfiovick.LLP +914 283 0850 T-E5 21- Meeting Date: 06/ /05 Resolution No: 06/ /05 RESOLUTION AUTHORIZING THE EXECUTION OF A DRAINAGE AND CONSTRUCTION EASEMENT FOR THE PROPERTY LOCATED AT TWO MANOR CLOSE. WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") believes it is in the best interests of the Village Sleepy Hollow to construct a drainage easement on or about the premises of Two Manor Close, and WHEREAS, the construction of such an easement will improve the overall drainage of that I property and serve as a benefit to the drainage system of Sleepy Hollow, and WHEREAS, Sleepy Hollow has had this drainage plan reviewed by its professional staff and they have concluded that this easement will improve the overall drainage system of Sleepy Hollow and benefit its public, and WHEREAS, Michael Hume and Karen Adir ("the Property Owners") are prepared to grant such easement to Sleepy Hollow for nominal consideration, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees authorizes the Mayor to execute the proposed drainage and construction easement, non substantive changes notwithstanding, together with any documents required for the filing of this easement with the office of the Westchester County Clerk. Moved:Trustee Capossela Secondedgrustee G r a l a Vote" Unanimous I f~ **•*%£ «•* T —iTiJ-y-tir �I Meeting Date: Resolution No.: 06/21/05 06A1^05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Continuing Retainer and Contract with Bond, Schoeneck & King, PLLC WHEREAS, the Mayor and Board of Trustees have reviewed the May 26, 2005 proposal to retain the law firm of Bond, Schoeneck & King, PLLC to provide certain legal labor support. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein authorizes the Mayor to execute the May 26, 2005 letter agreement under the terms and conditions described therein. Moved: Trustee Grala Seconded: Trustee Murray Vote: Unanimous •«.^«*aS-«/--- I . i j > . > . T . T * i i % ntts&I— f" . ' �H I S BOND, SCHOENECK & KING, PLLC I I I J H ATTORNEYS AT LAW • NEW YORK FLORIDA KANSAS TERRY O'NEIL Direct (516)267-6310 toneil@bsk.com May 26, 2005 Mayor Philip E. Zegarelli Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Retention of Bond. Schoeneck & Kins. PLLC Dear Sirs: This will confirm the Village of Sleepy Hollow's ("the Village") retention of the law firm of Bond, Schoeneck & King, PLLC, for professional services for a period from June 1, 2005 through May 3 1 , 2008 at a fee of $30,000 per year, payable in equal advance quarterly installments. You agree that these fees are reasonable. In addition to fees for legal services, the Village will also be responsible for reasonable costs and expenses incurred. Such costs and expenses will include charges for messenger services, air couriers, emergency secretarial overtime, photocopying, court fees, travel expenses, postage, faxes, long distance telephone, computerized legal research, investigative searches and other charges customarily invoiced by law firms. Extraordinary or significant out-of-pocket expenses (e.g., for transcripts, experts, or consultants) will be billed to you directly by the provider of those services. The retainer shall cover negotiations with the PBA, Teamsters and M E U 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 M E U 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. 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 above, it shall be at the special rate of S285.00 p e r hour for my time, S225.00 per hour 1399 FranWin Avenue, Suite 200, Garden Gty, NY 11530-1579 • Phone:516-267-6300 "Fax: 516-267-6301 "VWW.bsk.coni 45541.1 5/26/2005 �Mayor Philip E. Zegarelli May 26, 2005 Page 2 for any other partner's time and $195.00 per hour for an associate's time, for professional time actually expended. Time will be billed in units of one-tenth of an hour. Time records will be submitted and payments will be due on a monthly basis. Printouts of how the actual time was expended will also be provided with the bills. The Village shall advise Bond, Schoeneck & King, PLLC, in writing of any difference it may have with any invoices within 30 days of receipt of the invoice. The Village shall pay the undisputed portion of any invoice within 30 days of receipt of such invoice. The Village is responsible for regular communication with us and provision of complete and accurate information throughout the engagement. We will rely on that information in performing our services. The Village may discharge us at any time. We may withdraw on written notification 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. Such termination shall be subject to the ethical standards in the Rules of Professional Conduct. In the event the Village terminates our services prior to May 31, 2008, Bond, Schoeneck & King, PLLC, 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 June 1, 2005 through and including the date services terminate, at the applicable attorney's regular hourly rate at the time the services were performed. Credit will be given for amounts already paid under the retainer. Presently, my regular hourly rate for non-retainer clients is S350.00 per hour, other partners' rates range from S205.00 to $350.00 per hour and associates' time ranges from SI75.00 to S205.00 per hour. Adjustments in our hourly rates are made in October of each year. We will represent you by using lawyers who are best suited to handle issues as they arise. We will do everything we can to staff your matters efficiently so that the charges you incur are reasonable and consistent with your requirements. I will be the attorney from Bond, Schoeneck & King, PLLC, who will be primarily responsible for providing legal services to the Village. Craig Olivo, Jim Clark and associates will also provide assistance when necessaryWhile we seek to avoid and rarely have any fee disputes with our clients, in the event such a dispute does arise, you are advised that you have the right to seek arbitration pursuant to Rule 137 of the Rules of the Chief Administrator of the New York Courts to resolve it. In such event, we shall advise you in writing by certified mail that you have thirty (30) days from receipt of such notice in which to elect to resolve the dispute by arbitration, and we shall enclose a copy of the arbitration rules and a form for requesting arbitration. 46641.1 £27/2005 �"f&f I Mayor Philip E. Zegarelli May 26, 2005 Page 3 You acknowledge that you have read this agreement in its entirety, have had full opportunity to consider its terms, have had full and satisfactory explanation of same, and fully understand its terms and agree to such terms. You fully understand and acknowledge that there are no additional or different terms or agreements other than those expressly set forth in this written agreement. The agreement cannot be modified except by further written agreement signed by each party. You acknowledge that you have read the attached Statement of Client's Rights and Responsibilities. I encourage my clients to be fully informed about the status of their matters, and the state of their accounts with me. To that end, I welcome your questions at any time about the progress of your matters, your bills, or anything else that you may feel appropriate. I 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 along with a copy of the Board resolution authorizing its execution and return them to me. Please retain a signed copy for your records. If not, kindly contact me immediately. We look forward to continuing to work with you. Very truly yours, ID, SCHOENECK & KING, PLLC AGREED AND ACCEPTED: VILLAGE OF SLEEPY HOLLOW I By ___ (Date) 466<1.1 5/2&2O05 �Statement of Client's Rights Section 1210.1 of the Joint Rules of the Appellate Division (22NYCRR§1210.1) 1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer's office. 2. You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge). 3. You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest. 4. You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You ma}' refuse to enter into any fee arrangement that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request. 5. You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly. 6. You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter. 7. You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some matters). 8. You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law. 9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility. 10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability. 45641.1 5/2&2005 �138* I T 3 I 4 CM US5D iMeetingDare: Resolution No: 0623/05 06/ /OS 114 RESOLUTION ELECTING ENFORCEMENT OF Chapter 826~a OF THE WESTCHESTER COUNTY SOLID WASTE & RECYCLABLES LICENSING LAW WHEREAS, the County of Westchesier adopted Chapter 826-a of the Westchester County Solid Waste & Recyclables Collection Licensing Law, and WHEREAS, pursuant to that Chapter the County of Westchester has authorized local municipalities to elect at their discretion to enforce this Chapter in return of retaining all fines levied, and I WHEREAS, the Village of Sleepy Hollow, after consultation with it Chief of Police, believes it best serves the interests of the Village of Sleepy Hollow at this time to enforce the provisions of this law, NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow elects to enforce ifae provisions of Chapter 826-a of the Westchester County Solid Waste & Recyclables Licensing Law at this time, BE IT FURTHER RESOLVED, that a copy of this resolution be filed with the Office of the Westchester County Solid Waste Commission Moved;Trustee Murray Sec(mdci. I r rUuSs t e e D i F e l i c e T I s_fcW«;EJs*™^wl;ii*a^S3^ ! ^ « M H M ^Unanimous �INTERNAL iMEMORANDUM - PRIVILEGED AND CONFIDENTIAL VILLAGE OF SLEEPY HOLLOW June 14, 2005 To: Mayor and Board of Trustees Village Administrator Chief ofPolice From: Robert J. Ponzini, Village Attorney Re: Westchester County Solid Waste & Recyclables Collection Licensing Law On or about March 14,2005, Bruce Berger, Executive Director of the Westchester County Solid Waste Commission, contacted the Mayor, along with all other chief municipal officers in Westchester County to explain the options for enforcement of the Westchester County Solid Waste & Recyclables Collection Licensing Law. In 1999 the County enacted legislation thai permits municipalities in Westchester County to enforce the Provisions of Chapter 826-a relating to the display of County issued decals on vehicles hauling solid waste and recyclables. Municipalities who elect to enforce these provisions and the entire enforcement process, including prosecution, are entitled to retain 100% of all fines collected. Fines range from $200 to SI,000. If the Village of Sleepy Hollow elects to enforce these provisions of the law, two actions would be appropriate: First, a simple resolution, although not mandatory, should be passed, authorizing ifae Chief of Police of the Village of Sleepy Hollow to act as the village's enforcement officer. A copy of that resolution should be sent to the Solid Waste Commission; Second, the Chief of Police should invite the enforcement officers of the Solid Waste Commission to meet with him, the Village Prosecutor and the Village Justice to discuss enforccmeiJt and the nuances of the law. Naturally, any election to enforce this chapter of the law should be discussed wim the Chief of Police in advance. �l?o I v.i r.uuo/uui f"343 A draft resolution is attached for your review. If there are any questions, I am available at your request. I I WiX-\- :.iTfWAif �Meeting Date: Resolution No. 21 06/ /05 06 /-/P5 RESOLUTION DECLARING THAT PORTION OF FAIRVIEW AVENOE EXCESS PROPERTY AND AUTHORIZING ITS CONVEYANCE TO PETER J. ZEGARELli, CAROL ZEGARELLI, IRENE ZEGARELLI AND CAROL LYDEN WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") is in receipt of petitions from Peter J. Zegarelli, Carol Zegarelli, Irene Zegarelli and Carol Lyden ("Purchasers") seeking to purchase portions of Fairview Avenue which are presently encumbered by a paper street and are more particularly described in the metes and bounds description incorporated as a pan of this resolution, and WHEREAS, Sleepy Hollow is in receipt of the determination of Joseph DeFeo, Superintendent, Department ofPublic Works, that after investigation by him, said portion of Fairview Avenue as described herein is the terminus thereof and is unnecessary for highway purposes and that said portion of Fairview Avenue is not greater than one thousand feet of the terminus thereof, and the Purchasers are the owners of the land adjacent to the street for the distance it is proposed to be discontinued, and that said portion of Fairview Avenue should be discontinued and abandoned for a public purpose, and WHEREAS, Sleepy Hollow accepts this determination of DeFeo and, after investigation and study, believes it is in the best interests of the Village to divest itself of any ownership interest in said discontinued roadway and its roadbed, and WHEREAS, Sleepy Hollow is in receipt of an appraisal of the fair market value of the property, and WHEREAS, the Mayor has refrained from any discussion of the issues herein or the vote to be taken on this resolution and has recused himself in all respects because of his relationship to some of the purchasers, �NOW THEREFORE BE IT RESOLVED, that Sleepy Hollow determines the property to be discontinued and abandoned for public purposes and that a public hearing be held on the 19thof July. 2005 to formalize that determination, and BE IT FURTHER RESOLVED, that the Deputy Mayor be authorized to sign any deeds and closing documents conveying the discontinued and abandoned property to the Purchasers, said closing subject to the purchasers paying all closing and incidental costs and the purchase price as determined to be fair market value by Sleepy Hollow's independent appraiser. Moved: Trustee Spota SecondedTrustee Capossely0te: 4-1-0 Trustees Spota, Capossela, Murray and Grala voted YES. Trustee DiFelice voted NO. Mayor Zegarelli abstained �193 Jun-21-05 07:403-?= Frcra-Gainss.Grunsr.PonziniiNovick.LLP. I +914 238 0350 21 Meeting Date: 06/ /05 Resolution No. 06/ /05 116 RESOLUTION AUTHORIZING THE EXECUTION OF LEGACY FUND IMA'S WITH THE COT7VTY WPCTrorcTCD COUNTY DP OF WESTCHESTER WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") has submitted funding requests to the County of Westchester ("County") for grants to assist with the expansion and reconstruction Bamhardt Park and the construction of a "Riverwalk" section of Ichabod's Landing, and WHEREAS, these funding requests have received favorable response from the Count)' and I an Inter-Municipal Agreement ("IMA") is being prepared for execution by the County Attorney5 Office, and s WHEREAS, Sleepy Hollow wishes to act as expeditiously a possible in securing these funds for what it deems to be a significant benefit for recreation services and preservation in Sleepy Hollow, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees authorizes the Mayor to execute the IMA's corresponding to these projects, non substantive changes notwithstanding, and upon the review and approval of the Village Attorney. Moved: Trustee Spota SEconded: Trustee Capossela Vote: Unanimous .!- » ,-vJj:.A-.<. z.s ^ ' i -5~JV;AAS I �/?(/ Meeting Date: 06/21/05 Resolution No.: 0 6 / 1 1 7 / 0 5 RESOLUTION BY THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW PERMITTING PARTICIPATION OF NON FULL TIME PERSONNEL IN THE VILLAGE'S HEALTH INSURANCE, LIFE INSURANCE AND AFLAC PROGRAMS. WHEREAS, the Village of Sleepy Hollow full-time employees have the ability to participate in the Health Insurance, Life Insurance and AFLAC programs, and WHEREAS, the Village Treasurer has recommended that the Trustees and Part-Time employees be allowed to participate in these programs, provided that the total cost of paiticipation in the aforementioned programs, will be at the individuals expense, as a payroll deduction. NOW THEREFORE BE IT RESOLVED, that the Board of-Trustees of the Village of Sleepy Hollow does hereby allow members of the Board of Trustees and Part-Time employees the ability to participate in the Village's health insurance, life insurance and AFLAC programs, provided that the full cost of such participation is borne by the subject beneficiaries. Moved: T r u s t e e C a p o s s e l g e c o n f j e ( j : T r u s t e e Grala DateUnanimous �Meeting Date: Resolution No.: 06/21/05 06j^05 Resolution of The Board Of Trustees Of The Village Of Sleepy Hollow Establishing a Health Insurance Employee Contribution Policy WHEREAS, the Mayor and Board of Trustees have reviewed the continually escalating cost of providing employee health insurance and have determined that a review of present policies in this regard is warranted given current budget constraints, and WHEREAS, presently pursuant to union contract, members of the United Federation of Police Officers Union (Sleepy Hollow Municipal Employee's Unit) hired after June 1, 1992 are required to contribute 25% of the cost to the Village for the health insurance coverage, and WHEREAS, pursuant to the Village of Sleepy Hollow Police Benevolent Association Union contract, new police officer hires are required to contribute 25% of the cost of the insurance premium until they reach grade one, and WHEREAS, the Mayor and Board of Trustees are desirous of establishing a consistent, fiscally prudent uniform policy regarding employee contributions to health insurance premium costs. NOW, THEREFORE, BE IT RESOLVED that all new, full time employees who are not otherwise covered by a collective bargaining agreement and who are hired after July 1, 2005 shall be required to contribute 25% of the cost to the Village for the health insurance premium paid by the Village on their behalf. Moved by: Trustee Grala Seconded by: Trustee Trustee Capossela voted NO. Murray Vote: 5 l ~ �Meeting Date: 06/21/05 Resolutions: 06/119/05 Be it resolved that the Board of Trustees does hereby approve the appointment of Candido Diaz, 95 Beekman Avenue, Sleepy Hollow, New York to the position of seasonal laborer at an hourly salary of S10.00 per hour effective June 27, 2005 tin ough no later than September 2, 2005. Moved:Trustee Murray Seconded:Trustee DiFelice Vote:Unanimous Meeting Date: 06/21/05 Resolution #: 06/120/05 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Stephen Shroba, 81 Sleepy Hollow Road, Sleepy Hollow, New York to the position of Tree Trimmer effective June 22, 2005,at an annual salary of S47J93.60 which is 90% of the total salary of S 53,104.00. Said appointment is subject to a probationary period of twelve (12) to fifty-two (52) weeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee DiFelice Seconded:Trustee Spota Vote: Unanimous Meeting Date: 06/21/05 Resolutions: 06/121/05 Be it resolved that the Mayor and the Board of Trustees does hereby approve the appointment of Wendy Brand, 111 Cortlandt Street, Sleepy Hollow, New York as Police Department Matron effective 17 May 05 at the rate of S15.00 per hour. Moved: Trustee Spota Seconded: Trustee Capossela Vote: Unanimous �|9<7 I Meeting Date: Resolution No: 06?V05 06/ /05 122 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE UTILITY EASEMENT BETWEEN ICHABOD'S LANDING LLC AND THE VILLAGE OF SLEEPY HOLLOW WHEREAS, Ichabod's Landing LLC ("Ichabod's") has submitted an application for a Special Pennit and Concept Plan Approval to the Mayor and the Board of Trustees of the Village of Sleepy Hollow ("Sleepy Hollow"), and WHEREAS, on December 2, 2003 Sleepy Hollow by resolution approved such Special Permit and Conceotual Plan, and WHEREAS, Ichabod's then submitted a request to the Planning Board for site plan approval pursuant to said permit, and I WHEREAS, both approvals require that Ichabod's construct at its own cost, and dedicate to Sleepy Hollow certain utilities more particularly described in the plans and specifications approved by the Village Engineer, and WHEREAS, as a result of the foregoing, Ichabod's has submitted a proposed easement incorporating these required conditions of the site plan approval and special permit to the Village, and WHEREAS, this easement, together with the supporting documents have been reviewed by the Village and its staff and are found to be in order, NOW THEREFORE BE IT RESOLVED, that the Mayor of the Village of Sleepy Hollow is authorized to execute this easement on behalf of the Villlage, and BE IT FURTHER RESOLVED, that this easement is subject to the acceptance of its dedication by the Village of Sleepy Hollow. Moved: T r u s t e e C a p o s s e l a Seconded: T r u s t e e G r a l a ;Ui;U:- : U*"^ r ;^.-^*>riL^ Vote: Unanimous I �inov I Administrative Report June 21,2005 Renovations in the Building Department is ongoing. Painting of the ceilings on the second floor has been completed. i We have hired a new Deputy Treasurer, Wenli Zhang to replace our former Deputy Treasurer Genette Toone who resigned recently. I :W frf^.ist * i t Er ^iHite^ksJ'^j«^*tK^E^Ll^^ �Public Works Report June 21. 2005 NOTICE!!! MONDAY, JULY 4 T H IS A LEGAL HOLIDAY. ALL VILLAGE OFFICES WILL BE CLOSED. MONDAY'S GARBAGE WILL BE PICKED UP ON TUESDAY, TUESDAY'S GARBAGE WILL BE PICKED UP ON WEDNESDAY ALONG WITH RECYCLING. THE REST OF THE WEEK REMAINS THE SAME. AH the water services have been tied in on Lawrence Avenue. Sidewalks and street lighting on Lawrence Avenue will follow. Hydrant flushing has started in the inner village and will continue next week in the Manors. Street light repairs is on going. Tree removal/pruning is ongoing. Line painting is ongoing. �£00- I SLEEPY HOLLOW FIRE DEPARTMENT Jose Ojito Chief Engineer William Hennessey, Jr. First Assistant Chief Daniel Hayes Second Assistant Chief Fire Patroi Org.lS76 Pocantico Hook and Ladder OrglS78 Rescue Hose Co. No. 1 Orc.lS87 Union Hose Eng. Co. No. 2 Org. 1S87 Columbia Hose Co. No. 3 Ore. 1890 HOME OF THE HEADLESS HORSEMAN Fire Council Meetina June 14. 200> The meeting was called to order by Chief Ojito as 20:08hrs. salute to the flag. I Roll Call Ist Asst. Hennessey Chief Ojito Fire Patrol- 2 Asst. Haves (excused) Moon & Smutek Pocantico H&L— Amsbury & Homolya Rescue Hose— Hayes & Gross Union Hose— Valle & Gonzales (excused) Columbia Hose— Spota & Connors »> A motion by Gross. 2" by Hayes to accept the minutes of the previous council meeting as they where read at company meetings. All in favor. Reports of Apparatus R-12- Needs two hand lights. TL38—Needs bushings done. I E-86—Ok. E-85—Ok. E-87—Has a broken tail light and needs service. Chiefs Report >» Unable to give run reports due to inconsistence in units reports. >» Marine 7 is going into service tonight. The county will be notified. 2S Ueekman Avenue • Sieepy Hollow. NY I059I • (914)366-5119 • Fax: (914)332-7(174 jti«:*.Si,,-lI �:•••» Ojito would like to thank the members who helped with the clean up at Central HQ. with a special thanks to those members who finished the job. >» Parade for Ossining is going to be announced possibly in the third week in August. Irvington is also on our agenda to attend as a department parade, date to be announced. Communications »> Union Hose sent a communication stating that honorary member Larry Lee be placed back on the departments active list, and that Pat Haggerty has resigned as captain. A motion by Gross. 2 n by Moon to take the normal course of action and send a letter to the board. All in favor. Union Hose has also surrendered there company attendance list for May and June 2005. With a request for funds to be able to attend the Ossining parade, (changed from Irvington by Valle). See good a welfare. »> Pocantico H&L has sent a communication accepting Keith Okie as an active member to the company, residing at 397 No. Broadway Yonkers. A letter from the Chief of the Arehville Fire Department shows him to be in good standing. A motion by Gross. 2 nd by Smutek to take the normal course of action and send a letter to the board with the understanding that if Keith was expelled from our department in the past this will be brought up again. A letter from Captain Homolya stating that G. Amsbury has been elected to fill the open position on the fire council, and a list of members who need to receive five year exempt certificates (note: a 25 year exempt certificate does not exist). In addition a company attendance list for the month of June 2005 was received. >» Rescue Hose has submitted attendance lists for the months of April. May. and June 2005. AJso given are the power tool reports, and company drill records. >» Fire Patrol has sent attendance sheets for April, and May 2005. along with a line up of this years elected officers, and power tool report. >» Letters where received by the Pleasantville Volunteer Fire Department giving Firefighter Paul Cockerill permission to take part in the Village of Sleepy Hollows mutual-aid program. A communication by the Lake Mohegan Fire District giving the same permission to Firefighter Roger Lussier. In a motion by Valle. 2n by Spota to take the normal course of action and send a letter to the board. All in favor. � 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_2005-06-21 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