1 25 24 https://sleepyhollow.localarchives.org/files/original/0b2d7a371d0753d7a57b1324c76de0ed.pdf bbb7c36de9aaa46cffc8989ea51862a2 PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, March 23, 2004 at 8 pin in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota James Hart Donald Stever Richard Zieja Kay Brown Grala Also Present: Trustees Abraham Zambrano, Village Treasurer Dwight Douglas, Village Administrator Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. Trustee Zieja moved, seconded by Trustee Hart to move out of executive session, motion carried unanimously. Mayor Zegarelli commented that discussion took place on several items but no formal action was taken. Approval of Minutes Trustee DiFelice moved to approve the minutes of February 24, 2004, seconded by Trustee Spota and carried unanimously. Trustee Spota moved to approve the minutes of March 2, 2004, seconded by Trustee Hart and carried unanimously. Trustee Hart moved to approve the minutes of March 9,2004, seconded by Trustee Grala and carried unanimously. Public Hearing Trustee Grala read the attached public hearing notice regarding the proposed establishment of a Department of Architecture, Land Use Development, Building and Code Enforcement and Sean McCarthy, Village Engineer and Dwight Douglas, Village Administrator gave a brief summary. Trustee DiFelice commented about phasing out period for certain village personnel in that department. The Village Administrator commented that the phasing out will take place at the end of March. There being no comments from the public, Trustee Zieja moved, seconded by Trustee Stever to close the hearing. �728 i Approval of Warrants Trustee Stever moved, seconded by Trustee DiFelice to approve the warrant of March 23,2004 and authorize the Treasurer to pay the bills, subject to review, approval and signatures of the Mayor and Treasurer, motion carried. Total of the General Fund is $356,458.20, total of Water & Sewer fund is S 6536.82 total of Capital fund is 522,271.80 and the Parking Authority total is $9075.24. Mayor's Announcements Mayor Zegarelli commented that he met with MTA regarding the review and update on the Philipse Manor Railroad station. There is no need for elevators since the station is at grade level at both sides. He will form an ad hoc committee of members of Sleepy Hollow Manor Taxpayers Association, Philipse Manor Association, Webber Park Association, Briggsville, Barnhart Park area, etc. who commute on the railroad to work with the MTA on some of the design clauses. Public Comments Mario Belanich commented that the Board should go into executive session at the end of the meeting so that people don't have to wait around for so long. The Mayor commented that sometimes it is necessary to go into executive session before since the attorneys are here waiting and we pay them by the hour. I Mr. Belanich commented on the fee for pick up of white goods. The Mayor commented that most municipalities already have been charging for this service. Ms. Ferrara commented on the discontinuation of aerobic classes and felt it should continue at least till the end of June since she paid until then. A gentleman addressed the board regarding the asthmatic problems that will arise from the asphalt plant the village of Tarr> town is proposing to build and presented the board with a print out regarding asthma. (Part of official minutes) Trustee Reports Trustee DiFelice read the attached public works report. Trustee Spota commented that the next Public Safety meeting is on March 29 t h . A fax was received from Jeanine Pirro announcing the culmination of long time investigation of drug sales. Trustee Spota reported that the correction staff of the Commissioner of State Corrections inspected our police lock up on February 18th and gave us an excellent report. I Chief Warren attended the State Emergency Manager Office Certificate of Completion for the instant command system. Officer Harris successfully completed the Radar Operator Course. ^,..S'aa i vai«M:K«&^t«a(si^Sir:iP«i;i,tti!#. �Chief Warren, Sgt. Hood and Detective Quinoy attended the Death Ivestigntion Training Seminar. Officers D'AIessandro, D'Agostinis and Guzzo completed the instructor course for firearms. Trustee Hart reported that we are in the process of working on the village budget and the library budget. Trustee Grala thanked Jim Hart for all the work he has done on the budget and thanked Karen Rubenstein for all her help on the library budget. Trustee Zieja read the attached Fire Wardens report and Trustee Zieja moved to approve the action taken, seconded by Trustee Stever and carried. Trustee Stever had no report. Administrator's Report Mr. Douglas reported that the new recreation brochure is at the printers and thanked Rafael Bensocome for all his hard work. The cable television survey form will be mailed out soon. Mr. Douglas coomented that he has written to Congresswoman Nita Lowey asking for assistance on route 9 and our request is moving through the system. Mr. Douglas commented that the Re-organization meeting will be held on April 20* this year. Our bid on a fireboat was not accepted. We have a grant to purchase a fireboat and we think we now have a suitable replacement. Resolutions- Attached Mayor's Report Mayor Zegarelli received a memo from Sean McCarthy regarding the Phelps Master Plan. Correspondence was sent to Richard Miller regarding the lighthouse. The board received a copy of a letter from Village Administrator to Jeff Shumedja Counsel for the Village of Tarrytown regarding his request for several records. The Mayor sent a letter to Emily Spaulding regarding cable television. The Mayor commented that the board has a copy of a memo sent by the Village Administrator regarding the Laub playground. The Mayor received a letter from Mr. Levison regarding the voting districts. �730 The Mayor received turn off notices from Con Edison for 72 Beekman Avenue and 146 Cortlandt Street. The board members should have received their monthly report on the status of Kendal on Hudson CCRC development. Communications, Petitions, & Requests Village Clerk read communications from Horseman Diner, 276 N. Broadway and Restaurant Latino, Inc., 68 Beekman Avenue, Sleepy Hollow, informing the village that have applied to the NYS Liquor Authority to renew their liquor license. (Copy to Police Chief) There being no further business, Trustee DiFelice moved, seconded by Trustee Spota to adjourn the meeting, carried. Respectfully submitted, Angela Everett Village Clerk 4 �3T Public Hearing Notice Village of Sleepy Hollow Please take notice that the Board of Trustees of the Village of Sleepy Hollow will hold a public hearing on Tuesday, March 23,2004 at 8:00 pm or soon thereafter in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to adopt a proposed local law for the establishment of a Department of Architecture, Land Use Development, Building and Code Enforcement. This local law will repeal Chapter 19D entitled "Department of Fire & Life Safety" of the code of the Village of Sleepy Hollow. All parties and residents in interest are entitled to attend said hearing and be heard. Hearing is accessible to the handicapped. By Order of the Board of Trustees Angela Everett-Village Clerk Dated: March 5,2004 �From: 914-694-5112 To: ANGELA EVERETT Public Hearing Notice Village o! Sleapy Hollow I . Please take notice that the Board., of Trustees of the VBIage of Sleepy Hollow will hold a public hearing on Tuesday, March 23, 2004 at 8:00 pm or soon thereafter in Village Hall, 28 Beakman Avenue, Sleepy Hollow, New York to adopt a proposed local law for the establishment of a Department of Architecture, Land Use Development, Building and Code Enforcement This local law will repeal Chapter 190 entitled 'Department of Fire & Life Safety" of the code of the Village of Sleepy Hollow. All parties and residents are entitieato attend said hearing and be heard. Hearing is accessible to the handicapped. By Order of the Board of Trustees Angela Everett-''" " Dated: March 5,: �PUBLIC WORKS REPORT MARCH 23, 2004 We had 3 snow storms last week, March 16th, 17th and 19th. We used sand/salt combination during these snowfalls due to the salt shortage, so we did not have to dip into our salt reserve. This was a one time usage. If we have any more snow or ice, we will continue with just salting the roads. The Department of Public Works sweepers have been out sweeping up the sand. Due to the State's lack of response to repairing the potholes on route 9, the village Department of Public Works will undertake repairing potholes on route 9 in an emergency to insure the safety of our residents. Yard waste must be placed at the curb on Mondays. Any leaves should be bagged and placed at the curb also. The work done on the ambulance building addition by our Department of Public Works crew is 99%complete. REMINDER!!! IN ORDER FOR APPLIANCES TO BE PICKED UP AT THE CURB, RESIDENTS MUST NOW COME TO VILLAGE HALL AND PURCHASE WHITE GOODS STICKER. THE COST IS S25. FRIDAY, APRIL 9™ IS GOOD FRIDAY, A LEGAL HOLIDAY. VILLAGE OFFICES WILL BE CLOSED, THEREFORE, THURSDAY'S GARBAGE WILL BE PICKED UP ON WEDNESDAY, ALONG WITH RECYCLING, FRIDAY'S GARBAGE WILL BE PICKED UP ON THURSDAY. MONDAY AND TUESDAY'S GARBAGE REMAINS THE SAME. �734 i Fire Patrol Org. 1876 Pocantko HeoJ< & Lad&er Co. #1 0^.1878 Rescue Hose Co. #1 Org. 1887 Union Hose Co. #2. Jo^nKorzefms C^fef Engineer JoseOjito first Assistant C^ief Vauicappelio Second Assistant C^ief Org. 1887 Cofumfoi Hose Co. #3 Org. 1899 March 13, 2004 Village of Sleepy Hollow Mayor Philip Zegaretli Board of Trustees 28 Beekman Avenue Sleepy Hollow, New York 10591 I Dear Mayor Zegareili and Board of Trustees; The following action took place at the Fire Council Meeting on March 10,2004. •Sergio S. Tavares was approved for training as a driver/pump operator of Rescue Hose Co.#1. Harish Sayer of 26 Merlin Avenue, Sleepy Hollow, was elected to active membership. Respectfully Submitted, Judith Pircio Secretary / Wsrden Board of Fire Wardens I �73. I 1^* it I I r^ ^3 y, �73G Westchester Wire - County Announces New Initiative Against Childhood Asthma Westchester Wire - Westchester N e w s Online Westchester News Sites More Westchester Sites Westchester Wire oveUPTO The Westchester Network Search Westchester Wire N e w Y o r k R e a l Estate Houlihan Lawrence serves Dutchess, Westchester, Putnam and more. 50% I Page I ~3forf Go Free Office S p a c e S e a r c h We'll help you save time and money Westchester, Fairfield & Rockland Ads by Google everywhere with z: Westchester News Onlhe... Create an account Westchester Wire County A n n o u n c e s New Initiative A g a i n s t Childhood Asthma Related Links Posted on Tuesday. April 09, 2002 @ 17:05:39 EOT by spcover • More about Health • Main Page • Westchester News • News Archives News Delivery • Westchester Newsletter • News On Your PDA • News Syndication Other • V n i tr /\.-~rru tr\t " Top 10 PoycS • Traffic Sts^s • Recommend Us - Submit News • Search The Site ' oniaci Us Westchester County and HealthSource/Hudson Health Plan, a Tarrytown-based non-profit hearth plan, today announced a partnership with the New Rochelle School District and the American Lung Association that will provide home nursing visits for children with asthma. The home visits are part of a larger County initiative that would first try to identify how many children in Westchester have the condition. Overseeing this study — which would be the first of its kind in Westchester - would be an 18-member Westchester Asthma Council appointed by County Executive Andy Spano to help coordinate asthma resources in the county. "Asthma is the leading chronic disease facing children today, and even though we understand more about it than we did just a few years ago, the incidence among children is growing, not declining. Asthma not only affects a child's health, but his ability to do school work or just enjoy fife. I have appointed this asthma council so we can pool our knowledge and make sure we are not duplicating services. I have also asked the council to oversee a study to team how many children have asthma and where they live so we can better direct our resources to fight this disease" Asthma is a chronic inflammatory disease of the airways. More than 5 million children nationwide suffer from the condition. In Westchester, an estimated 48,000 people have asthma - 25 percent of them children. More cases are reported each year, especially among the very young, minorities and the poor. For children under 4, asthma rates nationwide jumped 160 percent between 1980 and 1994. • News by spcover Most read story about Health: Mold Can Turn the House of Your Dreams into a Nightmare I Article Rating Average Score: 0 Votes: 0 Please take a second and vote for this article: r r **^;i -ft^r:-:-; Cast my Vote! j There is no cure for asthma and its cause is unclear, but there are many effective treatments. Much of the fight against asthma involves education and changes in lifestyle to eliminate environmental factors such as smoke, pet hair, dust mites and other allergens that trigger attacks. Asthma is a principal cause of school absences among children and costs the U.S. economy more than $11 billion dollars a year in health care and lost productivityRecognizing that prevention can save money and reduce school absences, HeaithSource/Hudson Health Plan is offering free home visits to the chBdren cf its enroflees by Westchester County public health nurses. The nurses would instruct parents on how to administer medication and other aspects of care as well as conduct environmental assessments in the homes to reduce allergens that trigger attacks. upisons fr-3 Printer Friendly Paqff ^ Send to a Friend I HealthSource/Hudson Health Plan has 29,027 enroHees in Westchester who are insured through Medicaid and the state's Child and Family Health Plus plans. Of those. 25.203 are children and 468 have asthma. "Every breath a child takes should be a healthy one," said Georganne Chapin, President and CEO of HealthSource/Hudson Health Plan (HS/HHP). "That"s why our 'Breathing Easy* asthma program supports home visits that alow nurses to identify asthma triggers in the household, educate the parent and the child regarding asthma management, and buikJ children's confidence in their ability to http://\\Avw. w c s t c h c s t e R v i r e . c o m / a r t i c l e 5 5 0 . h t n i I 3/23/2004 �737 I Westchester Wire - County Announces New Initiative Against Childhood Asthma Page 2 ofL stay healthy. HS/HHP appreciates the opportunity to work with County Executive Spano and the Westchester Department of Health on this important initiative. Their leadership, and the collaboration with the New Rochelle schools, will provide greater awareness and prevention, by increasing the number of home nursing and education visits for Westchester children fighting the effects of asthma." Initially, the Health Department will provide home nursing visits as part of a pilot asthma program in New Rochelle schools funded by a grant through the American Lung Association. The visits would be made to hard-to-reach families in the program who have had difficulty coming to school to discuss their child's condition with the school nurse. HealthSource has offered to cover the cost of the nursing visits for its enrollees, however the service will be provided regardless of insurance coverage. Finding a common denominator to asthma attacks - heredity, environment, socio-economic status - can provide significant clues to new treatments, even a cure. While studies to identify sufferers have been done elsewhere - a major study was just completed in Connecticut schools - none have been done in Westchester. I "The Health Department is commissioning a study that will look at data from large pediatric practices, health centers and clinics to determine how many children have asthma and where they live. The results of the study along with other data available through the asthma council will give us a broader understanding of the prevalence of pediatric asthma," said Westchester County Health Commissioner Dr. Josh Lipsman. "Having this type of information will be extremely valuable in helping to decide how best to use our resources." The Westchester County Asthma Council is made up of physicians, public health educators, schools officials, hospital representatives and other medical institutions and non-profit agencies such as the American Lung Association with an interest in respiratory health issues. In addition to overseeing the asthma study, the council will act as a forum and clearinghouse for asthma issues — a forum that does not now exist. Dr. Adrienne Weiss-Harrison, medical director of New Rochelle Schools, said the asthma council was an important partnership that would help to address asthma needs in this county. "Like other school districts in Westchester, we find that Asthma is the most common chronic disease affecting our students. It frustrating that Asthma is increasing in the 21st century when we should be able to control iL We want our students with Asthma to stay out of the hospital. We want them in school regularly, feeling well enough to participate. We want them to be healthy enough to be involved in all of the regular activities of childhood, including competitive athletics. We want them to view themselves as healthy children and teens. In order to achieve these goals, we need partnerships like the Asthma Council." Members of the Asthma Council are: D Denise Bruno, M.D., Director Child Health Services. Westchester County Department of Health I O Adrienne Weiss-Harrison, M.D., Medical Director, New Rochelle School District O Virginia Lockwood, R.N., New Rochelle School Asthma Nurse D Alfred Cordero. M.D., Chief School Physician, Yonkers School District D Rosemary T. Lee, Southern, Board of Cooperative Educational Services f) Jeff Byrne, Asthma Director for Pinnacle Healthcare Systems (SL John's/Yonkers. Mt. Vernon Hospital, Soundshore. Westchester County Medical Center and Hudson Valley Hospital) D JoAnn Gallagher, Asthma Coordinator, American Lung Association D Janet Sullivan. M.D., Medical Director, HearthSource/Hudson Health Plan littp:/Avww.\vestchester\virc.com/arlicIe550.h(mi 3/23/20O �r *. r- Westchester Wire - County Announces New Initiative Against Childhood Asthma Page 3 J O Allen Dozor, M.D., Chief. Pediatric Pulmonology. New York Medical College D Private pediatrician (To be named) O Judith Watson. R.N.. Executive Director. Greenburgh Neighborhood Health Center D Steve Levine. M.D., Medical Director, Mt. Vernon Neighborhood Health Center D Linda Daily. Family Information and Referral Service Teams (FIRST) D Kira Gerari-Cardullo. M.D., Westchester County Medical Society D Elizabeth Phillips, asthma coordinator, Hudson Valley Health Center O Sara Frontera. Child Care Council. D Dr. Naureen Zafar, Northern Westchester Family Health Practice - (also member of Stellaris -White Plains, Phelps. Northern Westchester and Lawrence Hospitals) D Pamela Peiricone, Director. Westchester District P.T.A. I t-rsi* jrmr-sa N i r a r o N a a r r n We'll help you save time and money Westchester. Fairfield & Rockland *»£»_•/ V ^ f V Wrtst *-c?^?» Houlihan Lawrence serves Dutchess, Westchester. Putnam and more. 1 irnnta ^ s n ^ r s > r » n i t * r i n « Obtain Concessions. Built Space. Flexibility and Low Rental Rates! v s p c i r n c c t c r t .nnnry re r- Exclusive Buyer's Agent Represents the Buyer Not the Seller. Threshold 0 "iiThread •*, ;Oldest First '•••; Refresh i Post Comment ; n i « r c = .-=, ^ P O I >-..• n-a rv-nrTor ,,-..-o = i i m r^crxyicir.ta - - y Tno.r r r v y a ™ . ^ ^ Designed and hosted by '•• WestchesterWire.com - Westchester News Online I •=•—-.••-.'~~-~Tf ««** is a division of Tt•-- * « « .-«-«?—--r•. r and is dedicated to providing free community services through the internet to the residents and organizations of Westchester County, New York. Westchester Wire is a division of >.r -- =.'? »*v»»nf>=fi£K«; « V : AB copyrights reserved. Piease read our leo-m Aori cywvSfW-«>c Email our Editor at «i>!f*slr*"*-«^'«~ie«*¥i»,:' (/»n. ^_^ Get your Westchester news on your PaJm Pitot, Pakn PC, or WAP-enabted phone. Cfick "—• * to find out how! Put Westchester news and headlines on your website! Cfick r»v«* to find out how! Web site engine's code is Copyright © 2002 by ^P-K^k^. htlp:/A\^vAv.westchesterwire.com/article550.html All Rights Reserved. PHP-Nuke is Free Software released under the <"•&% i-i" Pi - 3/23/2004 �V39 I Page 1 of1 ludson Valley Asthma Coalition f AMERICAN LUNG ASSOCIATION of Hudson Improving Life, One Breath at a Time Valley Does A 2 5 % A s t h m a Rate S h o c k Y o u ? I A recent study in Harlem found asthma rates of 25.5%, more than anyone had previously expected. The American Lung Association has been fighting asthma for years and can confirm that asthma has become an epidemic, and asthma can be a killer. The sad part is that no one should die of asthma: It is treatable and manageable with proper diagnosis, medication, and care. One way the Lung Association fights asthma is education. At the Asthma Education Evening in Newburgh held on January 15th at North Junior High School, Dr. John T. Parrinello made these statements: "Asthma is skyrocketing beyond all levels known back when I was in medical school, and the impact on children and families is severe. Ask any schoolteacher or athletic coach, and he/she will tell you that pediatric asthma is on a staggering climb." I This free seminar sponsored jointly by the Newburgh Enlarged City School District and the Hudson Valley Asthma Coalition offered education and advice to patients with asthma, and parents, grandparents, and caregivers of children with asthma. Almost 6,000 children and twice as many adults in Orange County alone suffer from asthma. Knowledge is the greatest weapon we have to fight asthma; ignorance and panic are the disease's best friends. The Newburgh Enlarged City School District encompasses ten magnet elementary schools for grades K-6, three junior high schools, grades 7-9, and one high school. A Primary Care program is available for children in the district. Experienced nurse practitioners and school nurse teachers offer comprehensive health care to hUp://\vw\v.aIahv.org/asthmacoalition.htnil 3/23/200< -*HkvH%0iM. �Hudson Valley Asthma Coalition Page 2 school age children as their primary healthcare provider. Each health office is equipped with nebulizers and peakflow meters to assess and treat an asthma attack quickly on site. I The Hudson Valley Asthma Coalition is a seven-county grassroots organization of medical professionals, public health experts, educators, and lung-health advocates unified in their efforts to turn back the asthma epidemic in Orange, Ulster, Sullivan, Dutchess, Rockland, Putnam and Westchester Counties. © 2000 American Lung Association of Hudson Valley I I hUp:/A\^wv.aIahv.org/asthmacoalition.html 3/23/2004 �»\ -. I • \ Ml 2004 15:00 From-GAINES CRUNER PONZINI NOVICK U P 9142880850 T-399 P 005/005 F-332 RESOLUTION FOR A PUBLIC HEARING TO ENACT AMENDMENTS TO CHAPTER 24 OF THE CODE OF THE VILLAGE OF SLEEPY HOLLOW ENTITLED "GARBAGE" WHEREAS, the Village of Sleepy Hollow ("Village") is reviewing and updating it General Code for the administration of services to its citizens, and WHEREAS, in accordance with this review, a study of Chapter 24 of the Village Code entitled "Garbage" determined that this section no longer provided for the new and changing dynamics in the efficient collection, recycling and disposing of refuse in the Village, and WHEREAS, the Village has prepared a series of changes to Chapter 24 that will, if enacted into law. significantly improve the handling of all refuse, garbage and recyclables in the Village, NOW THEREFORE BE IT RESOLVED, that a public hearing be held on Tuesday, April_l"?2°04 at 8:00 p.m. and each adjourned date thereafter to consider the adoption of a local law amending Chapter 24 "Garbage" of ttie General Code of the Village of Sleepy Hollow. A copy of the proposed local law will be in the office of the Village Clerk for inspection. Trustee DiFelice Moved: Resolution No: 03/38/04 Dated: 3/23/04 T *. „ SecondedTrustee sP°ta V o t e : Unanimous �742 Meeting Date: 03/23/04 Resolution #: 03/39/04 RESOLUTION FOR A PUBLIC HEARING TO ENACT A LOCAL LAW ENTITLED "SEWER RENT LAW" WHEREAS, Article 14-F of the General Muncipal Law of the State of New York, "Sewer Rent Law", authorizes the Village of Sleepy Hollow to establish and impose sewer rents and to create a "Sewer Rent Fund" for the for the payment of the cost of operations, maintenance and repairs of the Village of Sleepy Hollow's sewer system; and WHEREAS, the Board of Trustees of the Village of Sleepy Hollow finds that it is necessary to establish sewer rents for such purpose and that such rents would be in the public interest and provide for a sound maintenance program for the Village sewer system; and WHEREAS, Chapter 14-F of the General Municipal Law requires that a public hearing be held on such local law on at least five (5) days notice to the public, NOW THEREFORE, BE IT RESOLVED, that a public hearing be held on the enactment of a proposed local law "Sewer Rents" on April 13,2004 at 8:00 pm and on such other adjourned dates as the Board of Trustees shall deem necessary. Moved: Trustee Spota Seconded:Trustee Hart Vote:Unanimous �Y 743 Meeting Date: 03/23/04 Resolution #: 03/40/04 Resolution of the Board of Trustees Setting a Public Hearing 2004-2005 Budget Whereas, pursuant to Village L a w , tentative budgets for the Village of Sleepy Hollow General Fund, Water Fund, Capital Fund, together with a recommended Village of Sleepy Hollow Parking Authority Budget were filed by the Village Treasurer with the Village Clerk on March 19,2004 and made available for review and comment by village residents and other interested parties, and Whereas, the Mayor and Board of Trustees have also reviewed the subject tentative budgets and proposed certain modifications and adjustments and are now desirous of holding a public hearing to obtain citizen input on the tentative budget as modified thereby, Now, Therefore, Be it Resolved that the Board of Trustees does hereby set a special meeting of the Board for April 20,2004 at 8:00 pm in the Board Room at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York for the purpose of conducting a public hearing on the proposed 2004-2005 budgets. Moved: Trustee Hart Seconded:Trustee Grata Vote:Unanimous �744 Meeting Date: 03/23/04 Resolution #: 03/41/04 Be it resolved that the Mayor and Board of Trustees does hereby accept the resignation of Yomarys Valencia as Intermediate Clerk in the Village Justice Court, effective March 7,2004. Moved:Trustee Grala Seconded:Trustee Zieja Vote:Unanimous �R-(* Meeting Date: 03/23/04 Resolution*: 03/42/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Request by Robert S. Stiloski for Paid Carryover 2003 Vacation Leave Whereas/ the Mayor and Board of Trustees have received a request from Robert S. Stiloski to be paid out for 3 weeks of 2003 vacation leave through payroll. Now, therefore, be it resolved that the request submitted by Robert S. Stiloski to receive cash payment for 3 weeks of 2003 carryover vacation days is herein approved. Moved: Trustee Graia Seconded: ?-,-0ja Vote: unanimous �746 i Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Contract with A & T Iron Works, Inc. Douglas Park Fence Addition R-1 Whereas, the Village of Sleepy Hollow has undertaken therenovationand enhancement of Douglas Park and now wishes to proceed to complete work on the new main entrance gate to the park with a matching eight foot high steel bar fence, Now, Therefore, Be It Resolved that, the Mayor and Board of Trustees, herein approve execution of the attached March 3,2004 letter proposal from A & T Iron Works, Inc., of 25 CliffStreet, New Rochelle, New York 10801-1603 and Be, It Further Resolved, that the treasurer is herein authorized to amend the 2003-2004 capital budget to include the $4250 in funds necessary to undertake the instant proposal work. Moved Trustee Stever Date: 3 23 ' Resolutions Second:Trustee DiFelice I Vote: Unanimous /°4 03/43/04 I J g - ^ s . t a &*t*t>Zt£. ^ ^ 5 - 3 "g-^£^>A^1t»-S3r & M ^ ^ ? > ^ ^ ^ l ^ f l ^ ^ �V4 7 I Architectural Ornamental CElWifBl 9 '"'"' C-. m Miscellaneous Steel C e r t i f i e d WBE MAYOR'S OFFICE A * T IRON/ORSOGRIL* Manufacturer V ^ N r ^ s ^ t y March 3,2004 \3^ II Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 By Fax and Mail 914-332-7074 ^S^y^ er Attn: Mayor Phil Zegarelli Re: Fence at Douglas Park End of New Broadway Sleepy Hollow, NY u > * - Dear Mayor Zegarelli: We propose to furnish and install the following: *b ^ panels < ft'-Q"High anrj V-n"WiriR steel bar fence to match the existing A. (5) Five:panpl^nf fenpe-antTt5)Five new concrete footings?"Totak_2_5'-0". See attached sketches. *ence will be painted as follows: ^ rp- 1 coat of Shop Primer 1 coat of Shop Black Gloss 1 - Field touch up. I For the total sum of: $4,250.00 The above price for a period of thirty (30) days All work shall be guaranteed for one year after completion. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Our workers are fully covered by Workman's Compensation Insurance. A * T IKON WORKS, INC. 25 Cliff Street • New Rochelle, NY 10801-1603 • 1-800-523-0973 • 914-632-8992 • Fox 914-632-2645 �748 i A k T I R O N WOIKf, INC Upon acceptance, please sign and date below then return one copy so the work for this project can be expedited. If you have any questions, please contact me. I Sincerely, Signature: 25 Cliff Slreet • New Rochelle. NY 10801-1603 Date: I • 914-632-8992 • 718-379-1630 • Fox 914-632-2645 - ^s.-ive-i?-1" * -.„?-" *v*r ? '•*&£ &s J* z+J^Srl^nfekii^V^ -r-k-aam^^wi^^J1 -^S^-"* 3 -v*-**1- »&^st>a»A - J * 5 ^ ^ ^ J ^ ^ t S s i f < i ^ i f c $ - i £ > S ^ 3 ^ ^ �74 I 1 'v i Architectural Ornamental " Miscellaneous Steel C e r t i f i e d WBE •I" AAT IRON/ORSOGRIL* Manufacturer March 3,2004 By Fax and Mail 914-332-7074 Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Attn: Mayor Phil Zegarelli Re: Fence at Douglas Park End of New Broadway Sleepy Hollow, NY Dear Mayor Zegarelli: We propose to furnish and install the following: A. (5) Five panels of 8'-0" High and 5'-0" Wide steel bar fence to match the existing fence and (5) Five new concrete footings: Total: 25'-0". See attached sketches. Fence will be painted as follows: 1 coat of Shop Primer 1 coat of Shop Black Gloss 1 - Field touch up. For the total sum of: $4,250.00 The above price holds for a period of thirty (30) days: All work shall be guaranteed for one year after completion. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Our workers are fully covered by Workman's Compensation Insurance. A&T IRON WORKS, INC. 25 Cliff Street • New Rochelle, NY 10801-1603 • 1-800-523-0973 • 914-632-8992 • Fax 914-632-2645 �750 i a1m Btt*> •A D• RBB A •• rA ir n V' •"• _ 1-Al m•• •• r •i i •i i r : i •i II nr A U I K O N W O I K S , INC Upon acceptance, please sign and date below then return one copy so the work for this project can be expedited. If you have any questions, please contact me. i Sincerely, Signature: 25 Cliff Sneet • New Rochelle, NY 10801-1603 Date: • 914-632-8992 • 718-379-1630 • Fox 914-632-2645 I �751 I A & T IRON W O R K S , INC. 25 Cliff Street NEW ROCHELLE, NEW YORK 10801 (914) 632-8992 FAX (914) 632-2645 / SHEET NO. OF <$*•£- CALCULATED BY. DATE A C H E C K E D BY. _ ^ fats' „,TC fi\/o3jo<f- SCALE 7 3 ** S * 7 ? 3 4 « t 7 * 3 * 5. « ' 7 fl 1 -* l . « * S 7 _« I Z 3 * . 5 t . # B » 'i£IC>' I 3 4 5 S 7 3 1 2 3 4 5 « [ mi tar- JMiifefe I ate 2 • 1 "j-'Vj" i —T r - f - i -- i i -.1 -•;< :S« • -!£. ~?~~ \3 r; 3 »J_" L- 1: ? - 7 2 �752 i • i i £Xus<U4&r p'&&^ A/>M.F^/t/c&\ • •, ^ - • ^ . j 5 - ^ , i ^ ; - j ^ �753 I rt-io Meeting Date: Resolution #: 03/23/04 03/W04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratifying Submission of Grant for 2004 Bullet Proof Vest Partnership I BE U RESOLVED, that the Mayor and Board of Trustees of the Village of Sleepy Hollow herein ratify the submission of the 2004 Bullet Proof Vest Partnership grant and authorize the Mayor to take any and all necessary steps to effectuate the intent of this resolution. Moved: Trustee DiFeiice ; Seconded: Trustee spota ; Vote: Unanimous I * * r « - -" * »>& i i - * * , ^ *?j* **•£../&. "i.-s-r-ttp™-*v*£r4sfcfet'S^- ftAwaWttfc&S �754 I Meeting Date: 03/23/04 Resolution #: 03/45/04 Be it resolved that the Board of Trustees does hereby approve the Mayor's appointment of Andre Tukes, 138 Depeyster Street, Sleepy Hollow, New York and Charles C. DePaolo, 95 Beekman Avenue, Sleepy Hollow, New York as part-time laborers in the Department of Public Works at an hourly salary of S12.50 per hour effective March 24,2004. Said appointment is subject to a probationary period of twelve to fifty-two weeks and the approval of the Westchester County Department of Human Resources. Moved:Trustee Spota Seconded:Trustee Hart Vote:Unanimous I I t „ ^ ~„_ ^ ^ ^ ~^L_-S-,"L *^-*Vi—^^^^-ua^V^-^^ � 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-2004 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_2004-03-23 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/b7859670dd7ec18be7a2c0b992db09ef.pdf 729879a100b82df1dd54b94bdc32ad90 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A budget work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, March 30,2004 at 6:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Mario DiFelice Jim Hart Don Stever Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Abe Zambrano, Treasurer Joel Sachs, Special Counsel Chief Warren Chief Spota Chief Ojito Joe DeFeo Angela Everett Robin Pell Sean McCarthy At 8:05 p.m. the Mayor called the board into special session. A plaque expressing the board's appreciation was presented to outgoing Trustee Don Stever for his six years of dedicated service to the village. Following this, the attached resolutions were duly acted on as noted. Mayor Zegarelli noted that the board had received police disciplinary charges, and that no discussion had been, or would be held on the matter pending a formal hearing. At 8:30 p.m., on a motion of Trustee DiFelice, seconded by Trustee Spota, the Board went into executive session for the purpose of reviewing certain personnel disciplinary matters. At 8:45 p.m. on a motion of Trustee DiFelice, seconded by Trustee Zieja and carried unanimously the board came out of executive session. At 9:05 p.m. on a motion of Trustee Hart, seconded by Trustee Spota and carried unanimously, the budget word session meeting of the Board of Trustees was adjourned. Respectfully submitted, �750 I Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Purchase Whereas, the Mayor and Board of Trustees are considering the purchase of a prospective utility boat and have reviewed a survey prepared by Foster Marine Survey Inc., detailing the condition of a 25 foot Pilothouse Utility Boat, the "Hudson River Recovery 1" presently owned by Hudson River Recovery inc. and Whereas, pursuant to recent inspection by members of the Sleepy Hollow Volunteer Fire Department has revealed the boat to be in good condition and suitable for the anticipated Fire Rescue needs of the Village, once the boat is retrofitted with a suitable pump, and Whereas, potential grant funds to assist in the purchase of the "Hudson River Recovery I" have been identified to Assemblyman Richard Brodsky's office, I Now, Therefore, Be it resolved, that the Board of Trustees herein authorizes the Mayor to purchase said boat at a total cost of $22,000 and to take other steps necessary to effectuate the intent of this resolution. Moved: Trustee DiFelice, Seconded: Trustee Spota Vote: Unanimous Date: March 30th, 2004 Resolution # 03-46-04 I t*ti -i-w=K,^a&i=i*ft.i<st»as»»-*»«U'tS>' •*-" 'i-"«--—i'-«>tJ.<-wj: j^^^i&~x-sMsk&%££iiSgt££ji&agt^ags^M&i£ita5&tiS;' �757 i 03-23-2004 14:42 Froa-GAINES GRUNER PONZINI NOVICK LLP Meeting D a t e : R e s o l u t i o n #: 9142860850 T-491 P.005/00 03/30/04 03/47/04 RESOLUTION ADJOURNING THE VILLAGE OF SLEEPY HOLLOV/ ANNUAL MEETING WHEREAS, pursuant to section 3-302 of the Village Law of the State of New York, an official year begins on the first Monday of the month following the date of the general village election, and WHEREAS, Village elections were conducted in the Village of Sleepy Hollow on March 16,200 4 . end WHEREAS, the Village of Sleepy Hollow traditionally holds its first organization meeting on the first Monday of April following such election, and I WHEREAS, the first week of April, includes holidays of religious significance such as Passover and Good Friday which preclude the members of the Board of Trustees from meeting and conducting the regular business of the Village of Sleepy Hollow, NOW THEREFORE BE IT RESOLVED, that the organizational meeting of the Village of Sleepy Hollow is adjourned until Tuesday/April 20, 2004. That pursuant to the Village Law of the State of New York, all appointive officers, board and commissions whose terms would expire continue to hold over until such meeting and appointments to those positions are approved. This adjournment is pursuant to the general powers of the Board of Trustees to reorganize itself pursuant to Section 4-412 of the Village Law of the State of New York. Moved: T r u s t e e Spota I Seconded: T r u s t e e H a r t Vote: Unanimous -A �758 Meeting Date: Resolution #: 03/30/04 03/48/04 - RESOLUTION AUTHORIZING LITIGATION WITH RESPECT TO VILLAGE OF TARRYTOWN-ASPHALT PLANT AND MUNICIPAL FACILITY RELOCATION WHEREAS, the Village of Tarrytown, by its Board of Trustees and Planning Board, have taken certain actions to authorize and permit the relocation of the existing County Asphalt Plant, the relocation of the Village of Tanytown Department of Public Works Facility and the construction of a new Village of Tarrytown Village Hall; and WHEREAS, these actions have been taken notwithstanding that they are part of an interrelated mixed use development proposed within the Village of Tarrytown, commonly known as Ferry Landings; and WHEREAS, the actions taken by the Village of Tanytown have not been accompanied or supported by proper environmental review and study and, in fact, have departed from legal procedures mandated under the New York State Environmental Quality Review Act; and WHEREAS, the Village of Sleepy Hollow has determined that the actions proposed, including, most notably, the relocation of the County Asphalt Plant, are of sufficient concern to the Village and its residents so as to warrant proper environmental review and decision making; NOW THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby authorizes the commencement of litigation as against the Village of Tarrytown, its Board of Trustees and Planning Board and die applicant, to contest certain steps taken to date by the Village of Tarrytown with respect to the relocation of the County Asphalt Plant, relocation of the 2«76/iJ/ZMIIJ vi yum �r \ i Village of Tarrytown Department of Public Works facility and construction of a new Village of Tarrytown Village Hall. Moved: TrusteeStever; Seconded: TrusteeDiFelice; Vote: 4 - 0 - 1 Trustee Hart Abstained 75Q �760 Meeting Date: March 30, 2004 Resolution Number: 03/ A 9/04 RESOLUTION ADOPTING LICENSE AGREEMENT BETWEEN ICHABOD'S LANDING LLC AND THE VILLAGE OF SLEEPY HOLLOW WHEREAS, on October 28,2003, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) concluded an environmental review with the adoption of an Environmental Findings Statement (EIS) for the proposed Ichabod's Landing mixed use riverfront development; and WHEREAS, Ichabod's Landing, LLC (the Applicant) did modify the proposed plan so that now consists of 44 townhouses in four buildings, 2,900 square feet of retail, !31 off-street parking spaces and related accessory uses, approximately 30 percent of the site proposed to be dedicated to the Village as open space and proposed improvements to the Village's Horan's Landing Park (the Proposed Action); and WHEREAS, the Village Board, acting in its capacity as Lead Agency under the State Environmental Quality Review Act (SEQRA) of the State of New York, did conclude, after rigorous review and scrutiny, that the Proposed Action did mitigate to the maximum extent practicable, those identified environmental impacts; and WHEREAS, during the course of the environmental review the Lead Agency did examine the potential environmental impacts related to the Proposed Actions, including those associated with the improvements to Horan's Landing; and WHEREAS, on December 2, 2003, the Village Board granted a Special Permit and Conceptual Site Plan Approval for the proposed Action and in the course of the approval process the Applicant offered to make specific improvements to Horan's Landing as well as additional connections to existing and future public parkland ; and WHEREAS, in partial consideration for public improvements the Village has offered to allow the applicant to use a portion of Horan's Landing as a temporary staging area in connection with Horan's Landing improvements as well as construction of improvements on the Ichabod's Landing site and installation of temporary sales trailer and visitor parking, specific details of which are contained in the attached I icense Agreement; and WHEREAS, the Village Board has reviewed the proposed License Agreement and accompanying short environmental assessment form; and NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of the attached License Agreement, and in light of the extensive environmental review that preceded, entrance into a license agreement by and between the Village of Sleepy Hollow and the Applicant �761 i constitutes a Type II Action under Section 617.5(c)(7) and 617.59(c)(15) of SEQRA and will not have a significant effect on the environment; and, be it further RESOLVED, that this Resolution does hereby authorize the Mayor to enter into a License Agreement between the Village of Sleepy hollow and the Applicant based on the terms and conditions as outlined in the attached License Agreement document. Moved: T r u s t e e H a r t Seconded:Trustee S t e v e r Vote: Unanimous I I i -i~t> =- . *''- -^.T-JT-S _^ .r, r , £ - ^ . ' i t - ^ - i ' i - . „ e H - M . f - ^ i ^ ^ ^ V ^ &• -^Sx^vt^t^^^^e^Or^saii^iikfewil^*^^ �76L 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Part 1 - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR: Mayor and Board of Trustees: Village of Sleepy Hollow 3. PROJECT LOCATION: Municipality Village of Sleepy Hollow 2. PROJECT NAME: Licence agreement between the Village of Sleepy Hollow and Ichabod's Landing LLC. regarding temporary use of Horan's Landing Park for park improvements and temporary staging. County: Westchester 4 PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc., or provide map) River Street, Village of Sleepy Hollow. New York 5. PROPOSED ACTION IS: • New • Expansion • Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Licence agreement to allow for Ichabod's Landing LLC to make specific improvements to Horan's Landing Park and to temporarily use a portion of Horan's Landing during the construction of the proposed Ichabod's Landing development. The applicant has agreed to make certain improvements to the park that will enhance its function. 7. AMOUNT OF LAND AFFECTEDr. Initially ±0.2 acres Ultimately ±0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? • Yes • No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? • Residential • Industrial D Commercial D Agricultural • Park/Forest/Open space D Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? • Yes D No If yes, list agency(s) name and permit/approvals Planning Board (site plan and wetlands permit), 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • Yes D No. Special permit approval, stormwater discharge • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? D Yes • No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor name: Village of Sleepy Hollow Date: Signature: If the action is in a Coastal Area, and you are a state agency, complete a Coastal Assessment Form before proceeding with this assessment OVER l = = = = = = �763 PART ll-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR. PART 617.4? If yes. coordinate the review process and use the FULL EAF. DYes • No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No. a negative declaration may be superseded by another involved agency. O Yes M No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible.) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: See attached elevation. No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:. No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? DYes • No If Yes. explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? D Yes • No If Yes, explain briefly: Part III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; ® duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ) Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed irectly to the FULL EAF and/or prepare a positive declaration. • Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Village of Sleepy Hollow Mayor and Board of Trustees March 30. 2004 Name of Lead Agency Philip Zeqarelli Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date / J yTttterfRerflimsibte Officer Signature of PrepaferTjf different from responsible officer) �764 COASTAL ASSESSMENT FORM Instructions (Please print or type all answers) 1. Applicants, or in the, case of direct actions (village) agencies, shall complete this CAF for proposed action which is subject to the consistency review law. This assessment is intended to supplement other information used by a (village) agency in making a determination of consistency. 2. Before answering the questions in Section C, the preparer of this form should review the policies and explanations of policy contained in the Local Waterfront Revitalization Program (LWRP), a copy of which is on file in the (village) clerk's office. A proposed action should be evaluated as to its significant beneficial and adverse effects upon the coastal area. 3. If any question In Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. Description of Site and Proposed Action 1. Type of (village) agency action (check appropriate response): Village Board Resolution a. Directly undertaken: (e.g., capital construction, planning activity, agency regulation, land transaction) License Agreement. b. Financial c. Permit approval, license, certification: License Agreement d. Agency undertaking action: Mayor and Board of Trustees assistance: ( e.g., grant, loan, subsidy) None 2. Describe nature and extent of action: License Agreement between the Village of Sleepy Hollow and Ichabod's Landing LLC for4mprovements to Horan's Landing Park and temporary use related to adjacent site development. 3. Location of action: River Street, Sleepy Hollow, New York, 10591 �4. 5. Size of site: 1 acre Present land use: industrial 6. 7. Present zoning classification: RF - Riverfront Development District Describe any unique or unusual land forms on the project site (i.e. bluffs, dunes, swales, ground depression, other geological formations: None 8. Percentage of site which contains slopes of 15% or greater. 9. Streams, lakes, ponds, or wetlands existing within or contiguous to the project area? a. b. 10. Hudson River Size (in acres) > 100 If an application for the proposed action has been filed with the (city, town, village) agency, the following information shall be provided: a. b. c. 11. <10 % Name of Applicant: Ichabod's Landing LLC Mailing Address: 245 Saw Mill River Road, Hawthorne, New York 10549 Telephone Number. (914)747-3600 Will the action to be directly undertaken, require funding, or approval by a State of Federal Agency? Yes Q No • If yes, which State or Federal Agency? Coastal Assessment (Check either "Yes" or. "No" for each of the following questions) Yes No 1. Will the proposed action be located in, or contiguous to, or have any potentially adverse effect upon any of the resource areas identified on the coastal area map: a. b. c. d. Significant fish or wildlife habitats? Scenic resources of local or statewide significance? Important agricultural lands? Natural protective features in an erosion hazard area? If the answer to any question above is yes, please explain in section D any measures which will be undertaken to mitigate any adverse effects. ^ •{_ J_ J_ �76 Yes No Will the proposed action have a significant effect upon: a. b. c. d. e. f. g. h. i. Commercial or recreational use of fish and wildlife resources? Scenic quality of the coastal environment?. Development of future, or existing water dependent uses? Operation ofthe State's major ports? Land or water uses within a small harbor area? Stability ofthe shoreline? Surface or ground water quality? Existing or potential public recreation opportunities? Structures, sites or districts of historic, archeological or cultural significance to the (city, town, village), State of Nation? S S ^ "" ^ S "^ *f / v Yes No Will the proposed action involve or result in any ofthe following? a. b. c. d. e. f. g. h. L j. k. 1. Physical alteration land along the shoreline, land under water or coastal water? Physical alteration of two (2) acres or more of land located elsewhere in the coastal area? Expansion of existing public services or infrastructure in undeveloped or low density areas ofthe coastal area? Energy- facility not subject to Article VII or VIII ofthe Public Service Law? Mining, excavation, filling, or dredging in coastal waters? Reduction ofexiatlng or potential public access to or along the shore? Sale or change in use of publicly-owned lands located on the shoreline or underwater? Development within a designated flood or erosion hazard area? Development on a beach, dune, barrier island or other natural natural feature that provides protection against flooding or erosion? Construction or reconstruction of erosion protective structures? Diminished surface or ground water quality? Removal of ground cover from the site? y S S S / •/ f / S / �767 Yes No Projects: a. b. If project is to be located adjacent to shore: 1. Will water-related recreation be provided? 2. Will public access to the foreshore be provided? 3. Does the project require a waterfront site? 4. Will it supplant a recreational or maritime use? 5. Do essential public services and facilities presently exist, at or near the site? 6. Is it located in a flood prone area? 7. Is it located in an area of high erosion? 2. 3. 4. d. e. f. g. h. I. j. y / If the project site is publically owned: 1. c. S Will the project protect, maintain and/or increase the level and types of public access to waterrelated recreation resources and facilities? If located in the foreshore, will access to those and adjacent lands be provided? Will it involve the siting and construction of major energy facilities? Will it involve the discharge of effluents from major steam electric generating and industrial facilities Into coastal facilities? Is the project site presently used by the community neighborhood as an open space or recreation area? Does the present site-offer or include scenic views or vistas known to be important to the community? Is the project site presently used for commercial fishing or fish processing? Will the surface area of any waterways or wetland areas be increased or decreased by the proposal? Does any mature forest (over 100 years old) or other locally important vegetation exist on this site which will be removed by the project? Will the project involve any waste discharges into coastal waters? Does the project involve any waste discharges into coastal waters? Does the project involve shipment or storage of petroleum products? 4 •" v ^ ^ ^ �760 i Yes k. 1. m. n. o. p. q. r. Does the project involve shipment or storage of petroleum products? Does the project Involve discharge or toxins, hazardous substances or other pollutants into coastal waters? Does, the project involve or change existing ice management practices? Will the project affect any area designated as a tidal or freshwater wetland? Will the project after drainage flow, patterns or surface water runoff on or from the site? Will best management practices be utilized to control storm water runoff into coastal waters? Will the project utilize or affect the quality or quantity of sole source or surface water supplies? Will the project cause emissions which exceed federal or state air quality standards or generate significant amounts of nitrates or sulfates? No S S V ^ REMARKS OR ADDITIONAL INFORMATION: (Add any additional sheet necessary to complete this form.) If assistance or further information is needed to complete this form, please contact the village clerk at: Village of Sleepy Hollow, 28 Beekman Avenue. Sleepy Hollow, NY 10591 Preparer's Name: David B. Smith Agency: Saccardi & Schiff, Village Planning Consultant Date: March 30,2004 I �769 i 14-12-7 (2/87}-9c SEQR 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Project Number Date March 30. 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Mayor and Board of Trustees of the Village of Sleepy Hollow, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. I Name of Action: License Agreement between the Village of Sleepy Hollow and Ichabod's Landing LLC (Applicant). SEQR Status: Type 1 Unlisted Type II • • • Conditioned Negative Declaration: D Yes • No Description of Action: License agreement between the Village of Sleepy Hollow and Ichabod's Landing LLC to allow for improvements to Horan's Landing Park by the Applicant and temporary use of the park during construction. I Location: (Include street address and the name of the municipality/county) River Street, Sleepy Hollow, New York 10591 =«i**t«»%f»*i»«taaEW^^ �770 SEQR Negative Declaration Page 2 i Reasons Supporting This Determination: Proposed action is classified as Type II under Sections 617.5(c)(7) and (15) under SEQRA. Erosion control and Best Management Practices to be used to mitigate any temporary impact resulting from site disturbance. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. I For Further Information: Contact Person: Dwight Douglas, Village Administrator . Address: Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, 10591 Telephone Number: (914) 366-5100 For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001. Appropriate Regional Office of the Department of Environmental Conservation. Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Applicant (if any). Other involved agencies (if any). F:\M\M-720 Sleepy HoIiowUchabocfs Landing\Srte Plan\Neg Dec license agree.frm I � 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-2004 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_2004-03-30 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/b21bb4b9157accaec9ba1b461dccc33f.pdf 38fab17ba94d97c5d8d33622d3368557 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, April 13, 2004 at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli (arrived 7:30 p.m.) Mario DiFelice Rich Zieja Kay Grala Jim Hart Andy Murray Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Abe Zambrano, Treasurer Joel Sachs, Special Counsel Chief Warren Dolph Rotfeld, Village Engineer Sean McCarthy, Village Architect At 7:40 p.m. the Mayor called the board into executive session to review certain land acquisition and litigation issues. At 8:15 p.m. on a motion of Trustee DiFelice, seconded by Trustee Grala, and carried unanimously the board came out of executive session and entered into special session to conduct two public hearings and act on certain legislative matters. Public Hearing: Replace Garbage Ordinance. Trustee Grala read the attached legal notice into the record. Mayor Zegarelli and Village Administrator Douglas gave short summaries of the proposed new legislation. There were no citizen comments. On a motion of Trustee Zieja, seconded by Trustee Murray the public hearing was closed. No action on the proposed legislation was taken. Public Hearing: Establish Sewer Rent Fees. Trustee Zieja read the attached legal notice into the record. Mayor Zegarelli and Village Engineer Rotfeld gave short summaries of the required sanitary sewer system improvements and the proposed new legislation. Trustee DiFelice expressed concern about the new proposed charges. Mayor Zegarelli explained that the he and other board members were also concerned, but noted that financing these improvements through property taxes would place the burden on the taxpayers in the village and omit water/sewer customers who were tax exempt or outside of the Village. Mayor Zegarelli noted that for most water customers the sewer rent fee would be small - giving example of quarterly bill to single family home of $40, a 15% sewer rent fee would generate an additional quarterly payment of $6. There were no citizen comments. On a motion of Trustee Murray, seconded by Trustee DiFelice the public hearing was closed. No action on the proposed legislation was taken. �00 r\ I During the special session, the attached resolutions were duly acted on as noted. On a motion of Trustee Grala, seconded by Trustee Zieja and subject to the review, and approval of the Mayor and Village Treasurer the warrant of April 13th, 2004 and any vouchers as consolidated in said warrant were unanimously approved. At 8:50 p.m., on a motion of Trustee Spota, seconded by Trustee Hart, the Board went into executive session for the purpose of reviewing certain personnel disciplinary matters. At 8:55 p.m. on a motion of Trustee Spota, seconded by Trustee Hart and carried unanimously the board came out of executive session. At 9:05 p.m. on a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously, the special session meeting of the Board of Trustees was adjourned. I ^Respectfully submitted, - ^ Dwighpf*' Douglas, Village Administrator I _-«f"Vf - fit* �U£ I 03-23-2004 14:42 i - FrcNt-GAlNES GRUHER PONZIHl HOVICK LLP.- ' - 9142880850 VILLAGE OF SLEEPY HOLLOW NOTICE OF PUBLIC HEARING T-491 P.004/005 P : H)88 H ' l h PLEASE TAKE NOTICE that a public heading will be held by the. Board of Trustees of ; the Village of SleekyHollowoh tile 13* day of April. 2004 at Slbbtn the p.m. at. ViHagfe Hall, 28 Beekman AvenueysieepyHollow,NewYork regarding the adoption of a Local Law of the. Village of Sleepy Hollow amending Chapter 24 of the Village Code entitled ^ "Garbage"! the purpose of this local lawfeto assist the Village In the efficient . collection, recycling arid disposing of refuse In the Village of Sleepy Hollow. I Included In the changes to this Chapter of the Code, is a new series of definitions/ the . Assignment of responsibility for garbage, and trash removal, the required containers for the storage of trash, the use of waste containers and mechanically emptied containers, the required preparation of garbage; trash.rubblsh and/or refuse for collection/. responsibility for disposal facilities, collection regulations and practices, availability and extent of service; the fees for such services arid the penalties for any violation of this Chapter/ . **. - /-"_-. PLEASE TAKE FURTHER NOTICE that the environmental significance of said.. - . ; , proposed Local Law will be reviewed.by the Board of Trustees of the Village of Sleepy Hollow, if applicable, and incident to and as part of said public hearing. Copies of said proposed Local Law are available for review at the office of the Villas e Clerk / :V Any resident of the Village of Sleepy Holtow is entitled to be heard upon said proposed Local Law at said public hearing. : :. . Byorder of the Board of Trustees of the Village of Steepy Hollow, Sleepy HolloWi New York " . T " :.' ; ; ''"'" Dated: March 30,2003 ' - - : . . . . - : ""''.--• v I . \ ; Angela Everett , - . Village Clerk ". ^-. �00<J I I ti I / •af r f - t ^ j : *••*&:- .£^*£*£ �005 I 08-23-2004. 14:42 ' Frtw-GAINES GRUNER PONZIN1 NOVICK LLP ;- .0142880850 T-481 P.003/005 F-088' --?SSt: V1LLAGE OF SLEEPY HOU-OW NOTICE OF PUBLIC HEARING HJ.* TAKE NOTICE that a'public hearing win tfe.held by the Board of Trusted o f ^ v theViliage of Sleepy HblTowori the 13*day ofApnTaf^roo in the p.m. at Village Hall £>-~ located at 28 Beekman Avenue, Sleepy Hollow, New York regarding the adoption of a >;•• proposed Local Law of the Village of Sleepy Hollow entitled "Sewer Rents Law", said. ; law to be included as1 a Chafrter to the General Code of the Village oi Sleepy Hollow;; ^LEASE I This proposed local law is to be adopted pursuant to the authority of .Article 14-F of the . General Municipal Law of the State of New.Yorkwhich authorizes the Village of Sleepy "•" Hollow to establish arid to impose sewer rents arid to create a "Sewer Rent Fund"- for'.. • the payment of the cost of operations, maintenance and repairs of tfte Village of Sleepy . Hollow sewer system.' ' .-\this proposed local law. will establish sewer rents, define the sewer system to which they apply, set rates,timesand terms of payment and create a sewer rent fund. : PLEASE TAKE FURTHER NOTiCE that the environmental significance of said proposed Local Law wjli be reviewed by the Board of Trustees, if appropriate, as. incident to arid as part of said public rrearing.: Copies of the proposed Local Law are available in the office of the Village Clerk for review. • ""; Any resident of the Village of Sleepy Hollow is entitled to be heard upon said proposed Local Law at such public hearing. By order of the Board of Trustees of the Village of Sleepy Hollow, Sleepy Hollow, New York. . - . • ' - • - : . "--•'• .'-'••-*""'•- . Dated: March'^ZKM ; Angela Everett Village Clerk �| EmcEOFpSueKiiiS* *tfW ilfeXiKS?1 *«S3S �7 I Meeting Date: 04/13/04 Resolution*: 04/50/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Request of Family YMCA at Tarrytown 5K Run and 1 Mile Fun Walk Through Village of Sleepy Hollow On Sunday, June 6, 2004 I WHEREAS, the Family YMCA at Tarrytown has requested that a 5K Run and 1 Mile Fun Walk through the Villages of Tarrytown and Sleepy Hollow on Sunday, June 6/ 2004/ be allowed to proceed through Sleepy Hollow between the hours of 8:00 a.m. and 9:00 a.m. NOW, THEREFORE, BE IT RESOLVED that the Village Board herein authorizes said 5K Run and 1 Mile Fun Walk to proceed through the Village of Sleepy Hollow on June 6, 2004 between the hours of 8:00 a.m. and 9:00 a.m. Moved:Trustee D i F e l i c e Seconded: T r u s t e e Spota Vote: Unanimous �Meeting Date: 04/13/04 Resolution*: 04/5y04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Adopting a Local Law to Establish the Department of Architecture, Land Use Development, Buildings and Building Compliance WHEREAS, a local law was proposed and drafted to reorganize the Building Department functions of the Village of Sleepy Hollow attached hereto, and WHEREAS, the purpose of that proposed local law is to provide the sophisticated expertise and improved efficiency in the oversight of the Village's present building stock and future development, including but not limited to, its waterfront revrtalizatton, and WHEREAS, a public hearing was held on the proposed local law entitled "The Department of Architecture, Land Use Development, Buildings and Building Compliance" on March 23, 2004, and WHEREAS, after hearing the comments of the public and due deliberation, NOW, THEREFORE, BE IT RESOLVED that a local law entitled ^ h e Department of Architecture, Land Use Development, Buildings and Building Compliance" is hereby adopted, effective within the time prescribed by law. Moved: T r u s t e e Spota Seconded: T r u s t e e H a r t Vote: Unanimous �LOCAL LAW NO. OF 2004 OF THE VILLAGE OF SLEEPY HOLLOW CHAPTER 19D ARCHITECTURE, LAND USE DEVELOPMENT, BUILDINGS AND BUILDING COMPLIANCE, DEPARTMENT OF Section No. 1 : Title. This chapter is to be known and cited as the "Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village of Sleepy Hollow. Section No. 2: Definitions VILLAGE ARCHITECT - An architect licensed in the State of New York, hired in a consulting capacity by the Village of Sleepy Hollow and serving as the department head of the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village of Sleepy Hollow. BUILDING INSPECTOR - The Building Inspector of the Village of Sleepy Hollow, Westchester County, New York. DEPARTMENT OF ARCHITECTURE, LAND USE DEVELOPMENT, BUILDINGS AND BUILDING COMPLIANCE - T h e Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village of Sleepy Hollow. FIRE INSPECTOR - The Village Fire Inspector of the Village of Sleepy Hollow. VILLAGE OF SLEEPY HOLLOW - The Village of Sleepy Hollow, Westchester County, New York. VILLAGE ADMINISTRATOR - The Village Administrator of the Village of Sleepy Hollow, Westchester County, New York. VILLAGE BOARD - The Village Board of Trustees of the village of Sleepy Hollow, Westchester County, New York. VILLAGE CLERK - The Village Cterk of the ViHage of Steepy Hollow, Westchester County, New York. �Section No. 3: Establishment. There is hereby created and established the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village, hereinafter referred to as the "Department of Architecture, Land Use Development, Buildings and Building Compliance" as a separate department of the Village. This Department shall provide for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, material, construction, alteration, repair, equipment, maintenance, use, occupancy, fire safely, removal and demolition of buildings and structures and their appurtenances located in the Village. Section No. 4: Position of Village Architect Established There is hereby created the position of Village Architect. The Village Architect shall serve as the Director in charge of the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village. Such position is intended to be staffed by a consultant on a contractual basis, with fees and expenses billed, when permissible, to those utilizing the services of the Department. The Village Architect shall have primary responsibility for the administration and enforcement of the provisions of this code and shall supervise the personnel assigned to and the activities of the Building Department, and shall further supervise the activities of the Building Inspection and Building Compliance Divisions. Wherever in this Code, authority is vested in the Building Inspector or Building Compliance Officer to enforce any provisions of this Code, or the New York State Fire Prevention and Building Code, such authority shall also be vested in the Village Architect. Section No. 5: Village Fire Inspector The Village Fire Inspector shall be the Village Architect and may be referred to by either title. The duties of the Village Fire Inspector may be delegated as necessary, from time to time, by the Village Architect or the Village Board consistence with applicable law. Section No. 6: Term of Employment, Village Architect The Village Architect shall be employed on a contractual basis on such terms and conditions as may be offered, from time to time, by the Village Board. All such contractual arrangements, both present and future, shall provide that the Village Board may terminate the contractual relationship on thirty (30) days notice. Section No. 7: Duties of the Village Architect A. The Village Architect shall be the principal executive in charge and the administrator of the Department of Architecture, Land Use Ctevetoprnent, Buildings and Building Compliance. �Oii I B. The Village Architect shall/ under the general direction of the Village Administrator, be responsible for the overall coordination of the Village's review and oversight of site planning and development projects. C. The Village Architect shall coordinate the planning and review of building and construction projects of the Village from inception to completion. D. The Village Architect shall oversee building and renovation plan review for compliance with all state and local codes. E. The Village Architect shall assist in enforcement of the "Uniform New York State Fire Prevention and Building Code" laws and regulations, as amended from time to time. F. The Village Architect shall act as liaison between the Architectural Board of Review, Planning Board, Waterfront Advisory Committee and Zoning Board of Appeals, and development projects before the Village Board. G. The Village Architect shall oversee and assist in the inspection of the construction and repair of buildings and structures and all related tasks, other than those specifically exempted by local building, zoning, plumbing and electrical ordinances, and the multiple residence law. H. The Village Architect shall oversee and assist in the investigation of complaints and assist in the prosecution of violations of the Building Code and zoning and plumbing ordinances. I. The Village Architect shall check permit applications for compliance with zoning ordinances including, but not limited to, size requirements for land, size restrictions for signs and buildings, and the necessity for variances. J. The Village Architect shall maintain all Department records, including all acts and decisions. K. The Village Architect shall prepare periodic reports of departmental activity foj presentation to the Village Board. L. The Village Architect shall have all the powers and duties of the Village Building Inspector, and when, after the advice and consent of the Village Administrator or Village Board, may also assume the duties, from time to time, of Building Inspector and Building Compliance Officer. • �Section No. 8: Compensation of Village Architect The Village Architect shall be compensated pursuant to a contract with the Village Board. Compensation shall be based upon an hourly rate for the duties of the Village Architect and shall be billed and paid upon a monthly basis on a voucher in a form approved by the Village Board. It will be the responsibility of the Village Architect, given the degree and proficiency of his service to all applicants to his department, to charge to those applicants, when permitted by law, the reasonable cost of those professional services. Section No. 9: Divisions; Office of Administration There shall be within the Department of Architecture, Land Use Development, Buildings and Building Compliance, the following divisions: • • • Fire Safety Division Building Inspection Division Building Compliance Division A. The Fire Safety Division shall be responsible for the enforcement of all laws and ordinances covering the prevention of fires; the storage and use of explosives and inflammables; the installation and maintenance of automatic and other private fire alarm systems and fire extinguishing equipment; the maintenance and regulation of fire escapes; the means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, and all other places in which numbers of people are employed, live or congregate from time to time, for any purpose; the investigation of the cause, origin and circumstances of fires. In these endeavors, the Village Fire Inspector may employ as necessary the advice and assistance of the Fire Department of the Village. B. The Building Inspection Division shall be responsible for the enforcement of the New York State Building Code; the Zoning Code of the Village and the local laws and ordinances of the Village. The Building Inspection Division shall also include other functions incidental to the Building Department, including, but not limited to, the Plumbing Inspector, Electrical Inspector and Sanitation Inspector. C. The Building Compliance Division shall be responsible for the enforcement of local laws and ordinances of the Village. Section No. 10: Absence or Inability of Village Architect. In the absence or inability of the Village Architect to perform his duties, the Village Board may fill the position of Village Architect for the period of absence or inability to �serve. I n a case of emergency, t h e position may be filled by the Village Administrator with the advice and consent of the Mayor of the Village of Sleepy Hollow. Section No. 11: Appointment of Employees All employees of the Department of Architecture, Land Use Development, Buildings and Building Compliance shall be appointed by the Mayor with the concurrence of the Village Board and shall hold their position at the pleasure of the Village Board, provided, however, that any employee in a classified civil service position may be appointed and/or removed only in accordance with applicable civil service law and/or the terms of an applicable collective bargaining agreement, if any. "Employee" as used here shall not include the Village Architect. Section No. 12: Transfer of Employees The Mayor, with the concurrence of the Village Board, may transfer any employee of the Department herein, from one division or office thereof to another division or office thereof, and such transfer may be on either a temporary or a permanent basis, provided, however, that the salary of such employee shall be reduced only in conjunction with any diminution of job responsibilities, and only in accordance with applicable civil service law and/or the terms of an applicable collective bargaining agreement, if any. In the event of an emergency designated as such by the Village Administrator, an employee may be transferred to a higher pay scale for the period of the emergency and paid at the dassifkation for the higher pay scale. "Employee" as used in this section shall not include the Village Architect. Section No. 13: Powers of Village Architect; Employees Nothing contained herein shall vest in the Village Architect the right to discipline employees. The right to discipline any employee is vested in the Mayor and Village Board, in their sole discretion. The Village Architect may recommend to the Mayor and Village Board, from time to time, as he believes will best assist in the administration of his Department, the discipline of an employee subject to applicable civil service law and/or the terms of an applicable collective bargaining agreement, if any. At all times, the Village Architect will assist the Mayor and the Board of Trustees, as they may need, in the discipline of Department employees. Section No. 14: Existing Departments, Districts, Employees All property, equipment and budgetary approoriarjons of, or for, the Department of Fire and Life Safety are hereby transferred to the Department of Architecture, Land Use Development, Buildings and Building Compliance. The employees of the Department of Fire and Life Safety shall be continued as employees of the Department of Architecture, Land Use Development, Buildings and Building Compliance with the same classification, salary, benefits, pensions and retirement rights and privileges as they had immediately �prior to such transfer, except to the extent their duties and responsibilities are otherwise reduced, provided, however, that nothing herein contained shall be construed to deprive the Village Board of any power it now has, or may have under this chapter or otherwise, with respect to the hiring, firing, disciplining and fixing of salaries of such employees. Section No. 15: Laws modified or superceded This local law shall modify and supercede Chapter 19D "Fire and Life Safety, Department of" of the Village Code of Sleepy Hollow, previously adopted as Local Law 2-2000 on June 13, 2000. All ordinances, local laws or resolutions or parts of ordinances, local laws or resolutions of the Village of Sleepy Hollow inconsistent with the provisions of this local law are hereby repealed, provided/ however, that such repeal shall relate solely to the extent of such inconsistency arid that in all respects this local law shall be in addition to other legislation regulating and governing the subject matter covered by this local law. Section No. 16: Severability If any provision of this local law or application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this local law or the application thereof to other persons and circumstances. Section No. 17: When effective This local law shall take effect in the time provided for by law. �Meeting Date: 04/13/04 Resolution*: 04/5204 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizes Chief of Police to Recall Police Officer to Duty With Pay for One Week WHEREAS, disciplinary charges dated January 29, 2004 and March 17/2004 have been preferred against a Village Police Officer by the Chief of Police; and WHEREAS, the Board of Trustees suspended the Police Officer without pay pending completion of the hearing and determination of the charges; and WHEREAS, the Board of Trustees has been advised by the Chief of Police that the presence of the Police Officer is required at Police Headquarters to complete forms necessary to process a felony complaint related to ah arrest made by the Police C»fficer, and further, to answer questions related to potential misconduct by the Police Officer; NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby authorizes the Chief of Police to recall the Police Officer to duty with pay for one work day for the purposes herein enumerated. Moved:Trustee H a r t Seconded: T r u s t e e G r a l a Vote: Unanimous 406B1.1 4W20M �01G A Re-Organization meeting of the Board of Trustees was held on Tuesday, April 20, 2004 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota James Hart Kay Brown Grala Richard Zieja Andrew Murray Also Present: Trustees Abraham Zambrano, Village Treasurer Dwight Douglas, Village Administrator Mayor Zegarelli called the meeting to order with a prayer. Deputy Mayor DiFelice led the Pledge of Allegiance to the flag. He asked that everyone remain standing for a moment of silence for Edward Simnowski and Shirley Kelly who passed away recently. Mayor Zegarelli did a ceremonial swearing in of the newly elected trustees and Fire Chiefs and members of the Fire Department. The Mayor welcomed everyone and made an opening statement. Part I(See Attached Sheets) {Part Il-(l)Appointment of Village Officials-See Attached List Part Ill-Committees of the Board of Trustees (See Attached Sheet) Part IV-ResoIutions- Attached Part V- (See Attached) Respectfully submitted, Angela Everett Village Clerk �017 i Village of Sleepy Hollow Re-organization Meeting Agenda and Appointments Tuesday, 20 April 2004, Currently scheduled for 7:00 PM Parti i. Re-Organization Meeting Called to Order: Mayor Zegarelli 2. Prayer: Mayor Zegarelli 3. Pledge of Allegiance: 4. Official Swearing of Trustees: Mayor Zegarelli 5. Welcome and Opening Statement: Mayor Zegarelli 6. Official Parliamentary Procedure: Notwithstanding Federal and/or State Laws or opinions to the contrary, Roberts Rules of Order shall prevail in all deliberations of the Village Board and Village Board Committees, statutory boards organizations and/or committees. Deputy Mayor DiFelice Official Newspapers/Publications: Gannett Newspapers River Journal 8. Official Depository of Funds: Bank of New York Chase Manhattan Bank First Union Bank Fleet Bank Sleepy Hollow National Bank Union State Bank 10. Abbreviated Business Session: See Agenda Items: Budget Hearing and resolutions only , J -i£.jr,. ' t i svz. »,-? "rf.*_4i l-^S' *3?fe~* i t *"***"£%•'" *^^^t>a^tA^niiia^^sSSSSfiS^^ I I �018 I Part I I Appointment of Village Officials: I I Mayor Nominates, Trustees Confirm. Village Administrator: Deputy to the Administrator: Dwight Douglas Abe Zambrano B. Village Attorney: Robert J. Ponzini, Esq. Gaines, Novick & Ponzini C. Village Prosecutor: Robert Pierce, Esq. D. Special Prosecutor for Housing Related Matters: David Garcia, Esq. E. Deputy Mayor: Trustee Mario DiFelice F. Acting Village Justice: Al Naclerio G. Village Clerk: Angela Everett H. Village Assessor: Robert Balog I. Village Internal Accountant: Joseph DeMilia, Jr. J. Village Auditor: Bennett Kielson K. Fire Inspector: Robert Sb'loski (30 day carryover) L. Village Historian: Historian Emeritus: Henry Steiner Dr. Theodore Hutchinson M. Police Chaplain: Pastor Michael Otte Pastor McRae, PC Emeritus N. Police Surgeon: Police Surgeon Emeritus: Dr. Robert Raniolo Dr. Elio Ippolrto O. Village Engineers: Dolph Rotfeld James Hahn Code Enforcement Officer: to be reviewed Official Photographer: Margaret Fox Q. (mayor) Absent Mayor's sole appointing authority, it was moved and seconded by Trustee DiFelice and Trustee Spota, respectively that the Mayor's Appointments in Part I I (1.) be confirmed for the terms and offices as designated. Part I I I stV:ijvU^Orf,^yf.i,,.-stx,ifiAfSM^sa^'^^iifi biBSifci&SSaSM �019 I Committees of the Board of Trustees: Committee: Chairman: Members: Administration/ Franchises Grala, Zieja, Murray Finance: Hart, Zieja, Murray Police: Spota, DiFelice, Hart Public Works: DiFelice, Spota, Murray Fire: Zieja, Hart, DiFelice Labor Relations: Zieja Hart, DiFelice, Recreation: Hart, Grala, Zieja Governmental Relations: Murray, Spota, Grala Cultural, Tourism & Celebrations: Spota, DiFelice, Grala I Be it resolved that the Board of Trustees of the Village of Sleepy Hollow confirms the creation and appointment of same Trustees to the aforementioned committees as presented for the 2004-2005 official year. Moved: Spota Seconded: Hart Vote: 7-0 [ Mayor Zegarelli shall be an Ex-Officio member of all Committees ] I •>•* "'•*• • v ^ c - ^ i f t r S �020 Part IV Year 2004-2005 Operational and Procedural Resolutions: 1. Be it resolved that the Board of Trustees of the Village of Sleepy Hollow shall set the second and third Tuesdays of each month, at 7:00 PM, for their regular Village Board work sessions. On each such Tuesday and upon due notice, announced official business and/or an executive session (s) may be held, if deemed necessary. Moved: 2. Vote: 7-0 Grala Seconded: Zieja Vote: 7-0 Zieja Seconded: Murray Vote: 7-0 Be it resolved that the Board of Trustees of the Village of Sleepy Hollow will hold only one scheduled meeting and one scheduled work session during the months of June, July, August and September and that the exact dates of such sessions shall be set a minimum of ten days prior to each session with public notice duly made. Moved: 5. Grala Be it resolved that any Executive Session requested by the Mayor must be approved by the consent of a majority of the Board of Trustees in order for the Board to take any vote on such subjects pertaining to said work sessions. Unless advised by counsel to the contrary, all decisions reached by a vote of the Board of Trustees during any Executive Session are to be confirmed by a vote in an open, public session immediately thereafter. Moved: 4. Seconded: Be it resolved that the Board of Trustees sets the fourth Tuesday of each month for the purpose of holding its Regular and Official Village Board Meeting. Upon notice, executive sessions and/or work sessions may be called and held. Moved: 3. Hart Murray Seconded: DiFelice Vote: 7-0 Be it resolved that the Board of Trustees establishes that special and/or emergency meetings of the Board may be held at the call and notice of the Mayor �021 I to the entire Board of Trustees at least forty-eight (48) hours in advance of said meeting. Such notice shall be presented in person, via e-mail address currently on file with the Village Clerk or be presented at their place of residence at least forty-eight (48) hours prior to the start of the meeting. In the event of extreme emergencies, this provision may be waived with the agreement of 2/3 of the members of the Board of Trustees consenting in person, telephonically or via email. Moved: DiFelice Seconded: Spota Vote: 7-0 Be it resolved that Members of the Board of Trustees may participate in work sessions and executive sessions telephonically in cases of health, hardship or travel. All votes on any items binding or otherwise committing the Board of Trustees to any action, commitment or proposal must be done in person at said meeting. No proxy may be granted or utilized in any action of the Board of Trustees. Moved: Spota Seconded: Hart Vote: 7-0 I Continuing Resolution. Be it resolved that, effective 3 April 2000, any member of any appointed board, committee, or commission of the Village of Sleepy Hollow having a term of office, seat or position in excess of one (1) year and who is absent from or does not attend any three (3) regularly scheduled sessions of such board, committee or commission shall be subject to removal. Removable shall be deemed declared by the Mayor and must be confirmed by a majority of the Board of Trustees at its next regularly scheduled Board of Trustees session. The Mayor shall then be empowered to appoint (and confirmed by the Board of Trustees, if necessary) a person to fill such vacancy for the unexpired term there remaining. Members of the Board of Trustees are exempt from this resolution. Moved: Hart Seconded: Grala Vote: 7-0 Continuing Resolution. Be it resolved that effective 4 April 1999, all previous contracts, whether written or oral, regarding the employment of, including but not limited to, any village official, current employee, personage or corporation or firm is hereby declared null and void with no legal obligation on the part of this Board of Trustees. Any and all village employees fonneily employed under such contracts shall continue to be employed under the same economic terms and conditions by the Villageiof Sleepy HoMow. Such eniptoyment shaM be at the expressed pleasure of the Mayor and Board of Trustees only and for a period not to exceed 60 days; renewable theieaftei, as the case may be. Moved: Grata Seconded: Zieia Vote: 7-0 I �n r, O 6.C 9. Village Justice Court Resolution: Be it resolved that in the event of the inability or unavailability of the Sleepy Hollow Village Justice and/or the Acting Village Justice to perform her/his duties, that judicial coverage shall be requested first from the Town of Mount Pleasant and thereafter from the Village of Tarrytown. Moved: 10. Vote: 7-0 Murray Seconded: DiFelice Vote: 7-0 DiFelice Seconded: Spota Vote: 7-0 Continuing Resolution: A motion is hereby made to confirm all appointments, Resolutions, By-Laws, actions and decision of the Mayor and Board of Trustees and to authorize the Mayor to take such appropriate action deemed necessary to affect and/or execute these same resolutions on behalf of the Village of Sleepy Hollow and all of its boards, committees and agencies. Moved: 13. Murray Be it resolved that it shall be the policy of the Mayor and Board of Trustees that having held a duly noticed public hearing, action on the specific matter pertaining to the public hearing shall be deferred to a future public meeting to allow for additional comments and review. In matters of an emergency basis or other important determination, this provision can be waived in those cases determined by a vote of 2/3 of the Board of Trustees. Moved: 12. Seconded: Be it resolved that the Mayor and Board of Trustees shall constitute a Committee of the Whole to meet, discuss, add, delete, revise or otherwise complete the year 2004-2005 budgetary process as proscribed by law. Moved: 11. Zieja Spota Seconded: Hart Vote: 7-0 A motion is hereby made to extend all other appointments contained in Part n (sections 2 and 3) until action is taken by the Mayor and Board of Trustees. Moved: Hart Seconded: Grata Vote: 7-0 �02 O I Part V Official Announcements: 1. Part II of the Official Annual Appointments is expected to be presented on 27 April 2004 2. There will be a work session and Official Board of Trustees Meeting on Tuesday, 27 April 2004 3. The meeting of 27 April 2004 will have an agenda item to approve and adopt the 2004-2005 budget. 4. Provisions for Mayor's closing remarks and final announcements. I Motion to Adjourn the Year 2004-2005 Sleepy Hollow Official Re-Organization Session: Moved: Grala Seconded: Zieja Vote: 7-0 I •*vV4- ^^-s^5^^.*&rc^^ ! &?^^4^^i>'^ , ^ K k ^^i;^:!is^*^s;^,4tfi!*^^^ � 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-2004 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_2004-04-13 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/2a78b9d18084be406fccb4262fc41c73.pdf b9aac7ec43d467c7f2424802a046aefd PDF Text Text 024 I April 20,2004 Public Hearing on the Proposed Budget 2004-2005 Trustee Zieja read the attached Public Hearing Notice. Abraham Zambrano, Village Treasurer, gave a power point presentation of the budget and the Mayor gave an explanation of the reasons for the increase in the taxes; that is, state mandated increase in health insurance and retirement benefits, increase in compensation and liability insurance. Ms. Jansen asked if the village has more employees which would cause this increase. I The Mayor commented that we do not. There being no further comments,. Trustee DiFelice moved, seconded by Trustee Spota to close the hearing, motion carried. Resolutions-Attached Trustee Zieja moved, seconded by Trustee DiFelice to move into Executive Session to discuss pending potential litigation, motion carried unanimously. Back in regular session, the attached resolution #04/59/04 was adopted. Mayor Zegarelli commented as a point of information, Trustee Hart was not present during any discussion relating to the above. There being no further business, Trustee DiFelice moved, seconded by Trustee Grala to adjourn the meeting, motion carried. Respectfully submitted, I Angela Everett Village Clerk �Public Hearing Notice Village of Sleepy Hollow The tentative budget of the Village of Sleepy Hollow for the fiscal year June 1,2004May 31,2005 is on file in the office of the Village Clerk, 28 Beekman Avenue, Sleepy Hollow, New York and may be inspected at that place during business hours, 8:30AM-4:30PM. A Public Hearing on the tentative budget will be held by the Board of Trustees on Tuesday, April 20,2004 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Compensation budgeted to be paid each member of the Board of Trustees from all sources is: Mayor (1) $8000. Trustees (6) $3000. each All interested and concerned citizens are invited to attend said hearing and be heard. Public Hearing is accessible to the handicapped. By Order of the Board of Trustees Angela Everett-Village Clerk Dated: March 31, 2004 �02G i ViSage of SJe^v HoBow AFFIDAVIT OF PUBLICATION p e tanaove buonat of the IweofSlwCTHofcwbcthe ad Veer Jura I, MOMeVry 2W5«onHainth,onSosof V * 9 » O e r t . a Bwbnen / nue. Steam Hoftxr. N M > and nay be impeded at I from SPgEOFNSIrVYOfiK CXJWIYOrWfcyiUi-eSTS* She Journal News ' A Pubic Having on to tanta ibudjetwababeMbytheBo. . of Trunees on Tueadar. Aor3 '• 22™*^*"^?" A"«m See .Hollow. New YorL Compensation budgeted CompanM&n pBdeadi number ofihaB Board Trusteesfrom* l SOUTOHK souroM i Ghantel Richards » « « « ID WOO, Tmneea ( ttOOO.each J Al framed and concerned & are anted to attend se d^s*itrnTsaysthaIhejaKisttjeprfcTCipaicieifcof"n. nrts hearing and be heard. News, a newspaper ptfjfched infeeCounty of WesSchPUBBC Hearing is accessMe t fte handicapped. SJ^afNewV3rk,andtheno6cecrfwtKhftieanneaEC By Order of the printed copy; was pubEsned in the Board of Trustees ' Angela EvereB-V3age Cart left and on fie : Dated: March 31, a S •wtH tf 1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 I S 1 . 19 20 21 22 23 24 ss SB 27 26 29 30 31 X - * • Qforf^ iec fMaM^-Y Sworn to before me atary PutSfe, We&iuhn.sler Courty MARY A. DEMANE Notary Public, State of New York No. 4630671 Qualified in Westchester County Commission Expires July 31,2005 �027 04-16-2004 10:54 Fron-GAINES GRUNER PONZINI NOVICK LLP 9142880850 T-665 P.002/004 F-476 I MEETING DATE: 04/20/04 RESOLUTION #: 04/ /04 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PERSONAL SERVICE CONTRACT WITH COMMUNITY TV TO PROVIDE BROADCAST AND CONSULTING PUBLIC ACCESS CABLE TV SERVICES FOR THE VILLAGE OF SLEEPY HOLLOW • WHEREAS, the Village of Sleepy Hollow is in receipt of a proposec contract from Community TV, a copy of which is attached hereto and made a part hereof, and WHEREAS, the purpose of that contract is to provide the Village with the expertise necessary to insure the public broadcast of Village Board of Trustee meetings and Special Events, and WHEREAS, Community TV represents that it has the resources and expertise to provide the level and quality of services contemplated by this contract, and WHEREAS, the Village believes the retention of Community TV pursuant to the terms of this contract is the best interest of the Village, I NOW THEREFORE BE IT RESOLVED, that the Board of Trustees authorizes the Mayor to execute the attached contract with Community TV on liehalf of the Village of Sleepy Hollow. Moved: T r u s t e e G r a l a Seconded:Trustee Z i e j a ^ ote: UNanimous I �AGREEMENT- CONSULTING CONTRACT BETWEEN VILLAGE OF SLEEPY HOLLOW AND COMMUNITY TV THIS AGREEMENT made and entered into this of April, 2004, between the Village of Sleepy Hollow (hereinafter referred to as "Village"), a municipal corporation organized and existing under and by virtue of the laws of the State of New York, with offices at 28 Beekman Avenue, Sleepy Hollow, New York, party of the first part, and Community TV (hereinafter referred to as "Community"), a sole business authorized in the State of New York, with offices at 130 Beekman Avenue, Sleepy Hollow, New York, the party of the second part, WITNESSETH: That the Village and Community, for the consideration named, hereby agree as follows: 1. PURPOSE The Village hereby retains Community, on the terms and conditions set forth hereinafter for the purpose of broadcasting Village Board of Trustee meetings and Special Village Events, together with the oversight and management of the Village's government channel. The term "broadcasting", as used in this Agreement, shall refer to the projection of sound and pictures by video camera over the cable network available in the local viewing area. 2. SPECIFIC SERVICES Immediately upon execution of this Agreement by both parties, Community shall provide such labor and staff as is necessary to insure the interruption-free production, broadcast and re-broadcast of all regularly scheduled Village Board Meetings, generally conducted at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Community shall also provide such labor, expertise and staff for the interruption-free broadcast of such special events as the Village shall request from time to time. The scheduling of special events shall be in the sole discretion of the Mayor and Village Administrator. Community will be notified as soon as is practical and possible by the Mayor or Village Administrator prior to the scheduling of the special event by the Village. Attached hereto and made a part hereof is a listing of pre-designated special events (Schedule W). Community shall also provide oversight and management of the Village's government and area channel. This includes, but is not limited to, the management and mcwitoring of the government channel to insure twenty-fbur (24) hour uninterrupted broadcast These broadcasts shall include graphic design and insertions, maintain a turnover of continual programming flow, together with regular and scheduled updates, Also included are the transporting, coordinating and scheduling of the government access channel materials on the area channel. �3. COMPENSATION In payment for the services performed by Community, the Village shall make payments to Community as follows: A. For regularly scheduled Village Board Meetings, a flat fee of $300.00. B. For Special Events, a rate of $100.00 per hour for coverage of the event and for the editing of the event. The amount for editing the event shall not exceed two times the actual event hours. It shall be the sole obligation of Community to obtain from the Mayor and/or the Village Administrator, the approximate number of hours to film and edit for each event. It shall be in the sole discretion of the Mayor and/or Village Administrator to set the total number of permitted coverage and editing hours per event. If a permitted total is not obtained by Community prior to the commencement of the special event, the total compensation for coverage and editing shall be set by the Mayor and/or Village Administrator in his sole discretion. C. Community shall also provide general management and oversight of the Village's cable operations. In return for these services, a monthly stipend, separate and apart from any other compensation, of $1,000.00 will be paid. Demand for payment shall be submitted in a voucher provided by the Village. Each voucher shall be itemized with specificity as to dates and hours and shall be submitted no later than thirty (30) days after the filming of the event The Village shall process any vouchers from Community as expeditiously as possible. Community acknowledges that it is familiar with the requirements of the Village Law of the State of New York, which in effect, prohibits payment of any claims against the Village unless an itemized voucher shall have been presented to the Village Board and snail have been audited and allowed by the Village Board. 4. TERM OF AGREEMENT; TERMINATION This Agreement shall be for a period of thirty (30) days, renewable automatically on a thirty (30) day basis, until terminated by the parties. Either party may terminate this Agreement upon ten (30) days notice. Termination may be for any reason, in the sole discretion of the parties. If this Agreement is terminated prior to the completion of a thirty (30) day period, Community shall be compensated for that portion of the monthly services performed. 5. SKILLS OF COMMUNITY: CONFLICTS OF INTEREST Community represents that Community has the requisite skills and experience to perform the services hereunder. Community agrees that during the term of this Agreement, Community wiNtetoundbytteCofeofEtriksoftte^ To that point, �030 i Community acknowledges that she has read and comprehends the Code of Ethics of the Village of Sleepy Hollow. 6. INDEPENDNT CONTRACTOR STATUS OF COMMUNITY Community and the Village agree that in the performance of community's services hereunder, Community is an independent contractor and shall not be deemedto"be an employee or agent of the Village for any purpose whatsoever. 7. PROHIBITION AGAINST ASSIGNMENT Community is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement or her right, title or interest in this Agreement. The Village understands that Community will personally perform the major portion of the services required to be performed pursuant to this Agreement, and may, with the approval of the Village, designate an associate or employee to assist in the performance of those services. 8. COMPLIANCE WITH STATUTES Community agrees that Community will comply with all statutes, ordinances, local laws, codes, rules and regulations which are or may be applicable to Community's services, activities and duties set forth in this agreement. 9. INDEMNITY AND SAVE HARMLESS AGREEMENT Community agrees to indemnify and save the Village, its officers, agents and employees harmless from any liability imposed upon the Village, its officers, agents and/or employees arising from the negligence, active or passive, of Community. 10. NOTICES Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To: Village of Sleepy Hollow Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Attention: Village Administrator To: Community TV 130 Beekman Avenue, 3rd Floor Sleepy Hoflow, NY 10591 Attention: Sunny McLean �11. WAIVER No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 12. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 13. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. IN WITNESS WHEREOF, the Village of Sleepy Hollow has caused its corporate seal to be affixed hereto and these presents to be signed by Philip E. Zegardli, Mayor, and Community TV has caused its signature to be affixed and entered, the day and year first above written. (Village Seal) Village of Sleepy Hollow By: Philip E. ZegareHi, Mayor Community TV By: Sunny McLean �AGREEMENT - CONSULTING CONTRACT BETWEEN VILLAGE OF SLEEPY HOLLOW AND COMMUNITY TV Scheduled' Memorial Day Ceremonies July 4 th Fireworks Columbus Day Parade Day of Remembrance �033 I Meeting Date: 04/20/04 Resolution #: 04y54/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Retention of Bond, Schoeneck & King, PLLC WHEREAS, the law firm of Bond, Schoeneck & King, PLLC formerly known as Rains & Pogrebin P.C. submitted the attached letter proposal dated April 1, 2004, to perform professional services for a period from March 1, 2004 through May 31, 2005, and WHEREAS, the Mayor and Board of Trustees wishes to retain the professional services of Bond, Schoeneck & King, PLLC for a period from March 1, 2004 through May 31, 2005. I NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute the said letter proposal dated April 1, 2004 on behalf of the Village of Sleepy Hollow. Moved. TrusteeZieja_ SeayidedTrustee Murray y ^ . Unanimous I j " . C' i . i t —L „ c i * t *„ & M-^i^fc: A 3 l i , ^ , , ^ f c * , ^ t ^ - s s r f r i ? ' - ^ * ^ ^ | i i . ^ « ^ & �BOND, SCHOENECK & KING, PLLC ATTORNEYS AT LAW • NEW YORK FLORIDA KANSAS TERENCE M. ONEIL Direct (516) 267-6310 toneil@bsk.com April 1,2004 Mayor Philip E. Zegarelli Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Retention of Bond, Schoeneck & King, 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 March 1, 2004 through May 31, 2005 at a fee of $26,000 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 MEU units only, exclusive of the 2001 negotiations with the Teamsters. This agreement shall include our professional services as negotiator, exclusive of administrative hearings, grievance arbitrations and other litigation. Included within the retainer are consultation in preparation for negotiations and representation at negotiations, mediation, and interest arbitration on behalf of the Village with representatives of the PBA, Teamsters and MEU units only. Such services shall also include the drafting of collective bargaining agreement 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 $250.00 per hour for my time, $215.00 per hour 1399 FrankfinAvenue, Garden Qty, NY 11530-1611 •Phone:516-267-6300"ra)c516-267-6301 •www.bsk.com 46641.1 4/1/2004 �Mayor Philip E. Zegareli April 1,2004 Page 2 for any other partner's time and $175.00 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 31,2005, 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 March 1, 2004 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, in the public sector, my regular hourly rate for non-retainer clients is $295.00 per hour, other partners' rates range from SI95.00 to $295.00 per hour and associates' time ranges from $165.00 to S195.00 per hour. Adjustments in our hourly rates are made in January 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 and Jim Clark will also provide assistance when necessary. While 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 4/1/2004 �03 I Mayor Philip E. Zegareli April 1,2004 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, BONIXSGHeENECK & KING, PLLC Terence M. O'Neil Ends. AGREED AND ACCEPTED: I Village of Sleepy Hollow (date) 46641.1 4/1/2004 �037 I Meeting Date Resolution # oy?0/04 04/55/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow to adopt Base Percentages, Current Percentages and Current Base Proportions for Fiscal Year 2004-2005 Be it resolved, that the Board of Trustees of the Village of Sleepy Hollow hereby adopt the : 1. The Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law for the Levy of Taxes on the 2004 Village Assessment Roll, as prepared by the Village Assessor. 2. The Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law for the levy of taxes on the 2004 Village Assessment Roll, as prepared by the Village Assessor. I 3. The Class Tax Shares adopted for the Village Levy Roll of 2004 are as follows: Homestead 68.4991% Non-Hornestead 31.5009% Moved by: T r u s t e e M u r r a y Seconded by.TVii«rgP n i F P 1 -i n* Vote: Unanimous I �038 I i i u u iiii I g: 8 S: * t # jit 'Sao. 3»8 CM M % ^ mm *£. ll _!§.£• t i •III! I ! S P S 8 s .a u m 8 % I! �039 i I § § "l|i ? s 8 5 8* .lii •fill o •L. § I «ll P _ 8 1!'I § I - S 8 S 8 S s i'HlI *|£ § 8 8 J \ u Y 3 �040 i Meeting Date: April 20, 2004 Resolution 04/ 5 6 /04 Resolution Referring Proposed Text Zoning and Village Code Text Amendments and Scheduling a Public Hearing WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) has proposed specific text changes to the Village Code including revisions to Chapter 6-1 Architectural Review Board/ Chapter 62-1 Article I - Zoning, Chapter 62-28 Article VIII - Site Plan Review, Part IV of the Village Code Appendices - Subdivision Regulations, Chapter 62Table 62-9.r>l and selected revisions to Chapter 62 suggested by the General Code (together the "Code Revisions"); and WHEREAS, the Village Board feels that the proposed revisions are necessary in order to better protect the health, safety and general welfare of the citizens of Sleepy Hollow; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hekjy refer the aforementioned Code Revisions to the Village of Sleepy Hollow Planning Board for their review and recommendation consistent with Chapter 62-53.B. of the Village Zoning Code; and, be it further RESOLVED, that the Village Board does hereby schedule a public hearing on the proposed zoning cooVamerKlnrients referenced above for May 25, 2004 at 8:00 PM at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, 10591 so as to provide an opportunity for the public to be heard on this matter. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: 6-0 �041 i Meeting Date: 04/20/04 Resolution #: 04^7/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Use of Rev. Sykes Park by Open Views Youth Program WHEREAS, the Mayor and Board of Trustees have received a request from The Open Views Youth Program of the Tarrytowns to utilize Reverend John Sykes Park on Saturday, June 26, 2004, from 1:00 p.m. to 11:00 p.m., and WHEREAS, the Mayor and Board of Trustees strongly support the proposed Open Views Youth of the Tarrytowns program activities. I NOW, THEREFORE, BE IT RESOLVED that the request for utilization of Reverend John Sykes Park on June 26, 2004 is herein approved and the Village Recreation Supervisor is authorized to reach out to The Open Views Youth Program of the Tarrytowns program coordinators and to provide assistance in the provision of equipment and supplies to this event. Moved: T r u s t e e S p o t a Seconded t r u s t e e G r a l a Vote'-Unanimous I �042 i Meeting Date: 04/20/04 Resolution #: 04^8/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Fremont Pond Vegetative Control i WHEREAS, the Mayor and Board of Trustees obtained the grant financing and contractor for the dredging operations in Fremont Pond and now wish to ensure that the pond water quality stays in a healthy and attractive condition, and WHEREAS, L.I.F.E. Limnology Information and Freshwater Ecology Inc. has submitted a proposal for the treatment of said pond for algae control attached hereto, and WHEREAS, said proposal requires that a permit be filed with the New York State Department of Environmental Conservation. NOW, THEREFORE, BE IT RESOLVED that the Mayor is herein authorized to execute the attached agreement with LI.F.E. Limnology Information and Freshwater Ecology Inc. and to pay the required fee of $150.00 for permit filing. Moved: T r u s t e e Grala Seconded:Trustee Zie Ja Vote: Unanimous �043 I L.I.F.E. L imnology Information and Freshwater Ecology Inc. AQUATIC VEGETATION CONTROL FOUNTAIN AEHATORS LAKE AND POND CONSULTING December 2003 Dear New York Customer: 134 TOWNSEND ROAD HOPEWELL JCT., NY 12533 845-227-8805 845-227-0406 (FAX) ) We wish you a happy and a healthy Holiday Season, and would like to take this opportunity to thank you for continuing to choose LIFE Inc for all of your lake management needs. Our chemical supplier has informed me that chemical prices should stay the same as last year for most of our products. Certain specific chemicals will increase by only 5%. I am proud to announce that 2004 will mark LIFE Inc. 31 st year of service to our lake and pond communities. With your support, LIFE Inc. continues to be the largest Lake Management Company in Rockland, Dutchess, Putnam, Orange, and Westchester Counties. As a leader in the field of Lake Management, and along with aquatic weed control, we also install fountain and underwater aeration systems. Two simple ways to reduce your chemical costs is to have septic systems around lakes and ponds pumped clean every three to five years. Lawn fertilizers, especially those used by service companies should be kept to a minimum. These are two culprits that may cause an alga bloom in your lake or pond. To ensure the health and beauty of your pond or lake, it is time once again to prepare for the summer season. Although winter is upon us, the permit process needs to begin at this time. In order to meet permit application deadlines, the following is "* required: .^ .••:,. 1. A completed permission slip returned as soon as possible, 2. A check for $150. As last year, $100 is for the permit preparation fee, and S50 is the NYSDEC permit fee. Our business has always been weather dependent. In a hot dry summer season, algae and other aquatic vegetations may re-grow. While we cannot prevent natural occurring re-growth, we can perform subsequent treatments. Please check the "second treatment" permission box on the permission slip, so that your*pond or lake will stay clean all summer Dr. Paul Roland, the founder of LIFE Inc. celebrated his 70* birthday in November. Dr. Roland currently teaches and instructs the next generation of pesticide applicators. He sends his regards to all. NYSDEC continues to impose a lengthy and timely permit process along with additional requirements for record keeping and notifications. In April 2004, our office will be moving to another location in Hopewell Junction. You will be notified of our new address at that time. All phone numbers will remain the same. Our email address is lifeincfgoptonl tne.net Requirements for applications are strict You will see many warning signs posted on the shoreline of your lakes and ponds, and more work will be required to guarantee that the water will be held in your pond- Thank you very much for choosing LIFE Inc. for all your Lake Management needs. As always, if you have any questions or concerns please feel free to contact me. We look forward to helping you get the most enjoyment from your lakes and ponds. The labor charge for applications have stabilized. 2004 labor prices will include only a minimal increase to cover increased gasoline prices and expensive liability insurance. In 2004, labor fees wiH'increase $15 for small ponds, $25 for large ponds, and $50 for lakes. As always, if you would like a written estimate for your pond or lake, please do not hesitate to ask. I Sincerely Yours, Mark Roland President A LAKE MANAGEMENT COMPANY LICENSED HEflBCOE APPUCATORS FDR NEW W W , ( B K , CONNECTICUT. B-0133 I �PERMISSION SLIP This is to give LIFE Inc. permission to apply for a NYSDEC aquatic permit and then perform an aquatic herbicide and or algaecide treatment for the 2004 season. The Undersigned State that we have read enclosed letter, and further state that all riparian owners and users have been notified and agree to the chemical treatment. We also state that we have received a copy of the chemical label, which will be distributed as needed. This permission slip constitutes a contract for parties in NY. If you would like a second treatment, please check the appropriate box. UPON RECEIPT OF THIS PERMISION SLIP AND THE REQUIRED FEES A NYSDEC PERMIT PACKAGE WILL BE PREPARED FOR YOUR SIGNATURE. Pond or Lakes Name Print Name Permission from all riparian owners GIVEN( ) REJECTED( ) Address ( ) Telephone Town State Zip ( ) Office or Alternate Phone Number Please answer the following questions Does the pond/lake have PUBLIC access . Yes No Is the water used as a Domestic supply Yes No Is the water used for irrigation Yes No Is the water used for watering livestock Yes No Is the pond/lake used for swimming Yes No Is the pond/lake used for fishing Yes No Have y o u s t o c k e d p o n d / l a k e w i t h T r i p l o i d carp Yes No 2nd. Treatment permission( ) Signature (Pond Owner or Owners) Please call for more information if you are interested in a Consultation Aerator A Check for $150.00 must accompany this permission slip �04 Meeting Date: Resolution #= 04/20/04 04/59/04 RESOLUTION WITH REGARD TO LITIGATION INVOLVING VILLAGE OF TARRYTOWN-ASPHALT PLANT RELOCATION WHEREAS, the Village of Tarrytown has taken certain actions to authorize and permit the relocation of the County Asphalt Plant; and WHEREAS, the Village of Sleepy Hollow has authorized the commencement of litigation with regard thereto, yet seeks to resolve this matter, if possible, without the initiation of formal legal proceedings; NOW THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby authorizes the execution of an agreement extending the time within which litigation as against the Village of Tarrytown, its Board of Trustees, its Planning Board and related parties concerning the relocation of the Asphalt Plant must be commenced; and it is further RESOLVED, that Village Special Counsel, Keane & Beane, P.C., be authorized to take steps necessary with regard to such an agreement; and it is further RESOLVED, that this Resolution shall not override or affect the Village Board of Trustees* prior Resolution authorizing litigation regarding this subject matter as against the Village of Tarrytown, its Board of Trustees, its Planning Board and related parties; which Resolution is reaffirmed and remains in effect. Moved: Trustee Spota Seconded: Trustee Grala Vote:6-0 On roll call: Trustees Spota, Grala. DiFelice, Zieia. and Murray voted YES Mayor Zegarelli voted YES Trustee Hart had left the meeting earlier and was not present. � 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-2004 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_2004-04-20 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/37495002427bf2ccbca6d038c66e2356.pdf 27b19a7493c76ef523c0dfc658db0b70 PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, April 27,2004 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota James Hart Andrew Murray Richard Zieja Kay Brown Grala Also Present: Trustees Dwight Douglas, Village Administrator Abraham Zambrano, Village Treasurer Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. Before the meeting started, the Mayor stated that there were residents in the audience at the work session that wanted to present the board with a petition requesting that the Village consider changing the amounts on the parking meters by adding 5 cents and 10 cents along with the existing 25 cents. Mayor Zegarelli accepted the petitions during the work session rather than have the residents wait until the public comment section of the regular board meeting. (Petition will be made part of official minutes) Mayor Zegarelli accepted a petition from residents of the Village asking that the village change the parking meters from twenty-five (25) cents to five(5), ten (10) along with the twenty-five cents. Approval of Minutes Trustee Murray moved, seconded by Trustee Zieja to approve the minutes of March 23, 2004, motion carried unanimously. Trustee Zieja moved, seconded by Trustee Grala to approve the minutes of March 30,2004, motion carried unanimously. Trustee Grala moved, seconded by Trustee Hart to approve the minutes of April 13, 2004, motion carried unanimously. Approval of Warrants Trustee Hart moved, seconded by Trustee Spota to approve the warrant of April 27,2004 and authorize the Treasurer to pay the bills, subject to the review, approval and signatures of the Mayor and Treasurer, motion carried unanimously. Total of the General fund is SI 78,780.17, total of Water & Sewer fund is SI828.04, Capital fund total is S6577.95 and the total of the Parking Authority is $699.00. Mayor's Announcements Mayor Zegarelli reported that the village has confirmation that we will be receiving a SI25,000.00 grant from Nita Lowey for a new Senior Citizen Center. 1 �Public Comments Mario Belanich commented that as far as the budget, the village should tighten our belt and control waste. He commented that we have too many police cars sitting in the lot across the street. He also commented on the parking meters which only take quarters and that they should be programmed to take nickels and dimes. Beverly Petcoff asked the Mayor what jobs have been eliminated and the restructuring of the Building Department, The Mayor commented that we are in the process of restructuring the Building Department. The Mayor responded that he can't answer what positions will be eliminated yet since the employees have not been informed yet. Trustee Reports Trustee DiFelice read the attached Public Works Report. Trustee Spota reported that the Sleepy Hollow Police Department recently participated in the statewide Traffic Safety Enforcement Detail. Nine summonses were issued. We received a Certificate of Appreciation from the Justice Department for completing the National Drug Survey for 2003. Trustee Spota reported that Chief Warren and Police Officers Zekus and D'Agostinis were given certificates recently for completing certain courses. A thank you letter was received from Susan Brennen commending Officer Pellegrino for explaining to a couple of children who darted out into the street to retreive a frisbee as he was coming around the bend that they should never play in the streets or go after any toy that rolls out into the road. (Placed in personnel file) Another thank you letter was received from a resident thanking Officer Harris for his quick response when her mom had fallen. (Placed in personnel file) Trustees Hart, Murray and Zieja had no reports. Trustee Grala reported that to date we have received approximately 130 responses to our cable survey. Mayor's Report Mayor Zegarelli reported that the Village of Sleepy Hollow has been officially designated a USA Tree City. We are in receipt of a letter from Ken Gentile of Margotta Courts requesting that the village turn over the parking lot back to them. The Mayor was in receipt of a turn off notice from Con Edison for 26 Elm Street 2 �I The Mayor commented that there will be a dinner honoring John Chervokas, Supervisor of the Town of Ossining and Marty Ginsberg for all the work they have done with Hudson River Towns. It will be held at the Stone Barn on June 13 t h . We have sent letters to the Village of Tarry town regarding the urgent need to hook up to the Delaware River as another source of water supply. We now rely on Croton source of water when the Catskill shuts down and Croton may be shutting down for a year in the near future, so we need to plan ahead. The Mayor commented that Todd Spota will be honored at a dinner on May 18th at the Marriot hotel and given the Westchester County EMS Leadership Award. Administrator's Report Dwight Douglas reported that we have received the final payment of S690,000.00 from General Motors. The preliminary clearing of the Duracell lot is taking place to prepare for the park expansion. I We have applied for another grant for June 30 th for the expansion of Horan's Landing. Mayor Zegarelli gave an update on the budget. Resolutions-Attached Old Business Trustee Spota commented that the Public Safety Committee met on Monday, April 26th. Public Comments Mario Belanich asked about the Cappello hearing. The Mayor responded that the hearing will take place on Wednesday at 5 pm. There being no further business, Trustee DiFelice moved, seconded by Trustee Grala to adjourn the meeting, carried. Respectfully submitted, I Angela lAerett Village Clerk 3 �PUBLIC WORKS REPORT April 27, 2004 Storm drains are being cleaned out. Some damaged catch basins are in the process of being rebuilt. Tree trimming is ongoing. Repairs are being made to the roof on the water storage tank. The Public Works building is being wired for the back-up generator. The newly installed electric service was turned on at Devries field last week. Water meter reading will start next week. Street signs are on order for the Webber Park area. �Meeting Date: Resolution #: 04/27/04 04/6C/04 Resolution of the Board of Trustees f the Village of Sleepy Hollow Adopting a Local Law Replacing and Eliminating Chapter 24 of the Village Code entitled "Garbage", including Appendix Part I "Garbage and Refuse Collections Rules and Regulations'7 WHEREAS, a local law was proposed and drafted to replace and eliminate former Chapter 24 of the Village Code of the Village of Sleepy Hollow entitled "Garbage" including Appendix I "Garbage and Refuse Collections Rules and Regulations", and WHEREAS, a copy of that new local law Chapter 24 of the Village Code of the Village of Sleepy Hollow is attached hereto and made a part hereof, and WHEREAS, the purpose of this local law is to assist the Village in the efficient collection, recycling and disposing of refuse in the Village of Sleepy Holtow, and WHEREAS, a public hearing was duly noticed and held on the proposed local law entitled "Amending to Chapter 24 of the Village Code of the Village of Sleepy Hollow on April 13, 2004", and WHEREAS, at such public hearing the comments of the public were heard and due deliberation was had. NOW, THEREFORE, BE IT RESOLVED, that a local law entitled "Amendments to Chapter 24 of the Village Code of the Village of Sleepy Hollow, Garbage" is hereby adopted; and be it further RESOLVED, that former Chapter 24 of the Village Code of the Village of Sleepy Hollow entitled "Garbage" including Appendix I "Garbage and Refuse Collections Rules and Regulations" is hereby repealed and eliminated. Said local law shall take effect in the time prescribed by law. Moved: Trustee Spota Seconded: TrosteeDiFelice Vote: Unanimous �LOCAL LAW NO. JL OF 2004 AMENDING CHAPTER 24 OF THE CODE OF THE VILLAGE OF SLEEPY HOLLOW ENTITLED "GARBAGE" Be it enacted by the Board of Trustees of the Village of Sleepy Hollow as follows: Section 1. Chapter 24 of the Code of the village of Sleepy Hollow entitled "Garbage" is hereby amended to read as follows: Chapter 24 Garbage § 24-1. Title. This chapter shall be known as the "Garbage Collection and Anti-Utter Ordinance". §24-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ASHES - The residuefromcoal or other fuel. GARBAGE BAG - A plastic bag at least 1.5 mils thick, the weight of which does not exceed the ability of the bag to hold the material in it without breaking when picked up bytheneck. BUSINESS - A building or property used for business, manufacturing or other commercial purposes. WASTE COrfTAINER (commonly called a garbage can) - A watertight, nonrusting metal or plastic container of substantial construction with sloping sjdewails, the volume or capacity of which does not exceed 32 gallons and the total full weight of which does not exceed over 50 pounds, equipped with a tight-fitting cover made of same material as container with two substantial handles. The VHlage shall not be responsible for breakage of waste containers. Securely tied plastic bags at least 1.5 mis thick, the weight of which does not exceed the abiity of the bag to hold the material in them without breaking when picked up by the neck, may be utilized but must be placed in a waste container. GARBAGE - Every waste accumulation of animal, vegetable, fruit, simflar organic matter and all other materials to be disposed of not defined under the definitions of •recydabte" or Trash" set forth herein. �MECHANICALLY EMPTIED CONTAINER - A one and one-half cubic yard container, the make and model of which is compatible with Village collection trucks (such as the J&T Metal Products Co., Inc. Model RL1 V2 or its equivalent). All such containers shall be on functioning casters and shall be equipped with lift bars which measure 77-1/2 inches from end to end. PERSON - Any natural person, firm, partnership, assodatton or corporation. RECYCLABLES - Those goods or materials recovered from the solid waste stream which are suitable for and capable of reuse in original or changed form, provided that the same are not hazardous or toxic-type materials as defined by the New York State Department of Environmental Conservation. Said wrecydabies'r shall include any materials mandated for recycling by the county, state, federal government or Village of Sleepy Hollow. RESIDENCE - A building or property used for residential purposes and containing one or more dwelling units. TRASH - Household furnishings, clothing and appliances placed out for disposal, provided that the same are not hazardous or toxic materials as defined by the New York State Department of Environmental conservation. § 24-3. Responsibility for garbage and trash removal. The removal and disposal of garbage, trash and recydabtes in the Village of Sleepy Hollow/ New York shall be under the jurisdiction of the Department of Public Works, and Superintendent of Public Works is hereby empowered to make and publish regulations concerning the days and time of collection of garbage, combustible rubbish, trash and recydabies, location and number of containers and any and all other regulations pertaining to the collection and disposal of these wastes as he may deem advisable, provided that such regulations are not contrary to this chapter, and further provided that no regulation shall become effective untfl a copy thereof is filed in the office of the Village Cterk. § 244. Maintenance of waste containers, mechanically emptied containers and container areas/enclosures. A. All waste containers and mechanicalfy emptied containers sha! be maintained in a good condition by the owner thereof and shai not be permitted to have any ragged or sharp edges or any other defects table to hinder coiection or harm . the person cotecting the contents thereof. �053 I B. Should any waste container or mechanicaliy emptied container deteriorate to such an extent that It becomes dangerous and liable to Injure or hinder the person collecting the contents of said waste container or mechanically emptied container, or should it teak, it must be replaced with a proper waste container or mechanically emptied container within one week after receipt of a written notice from the Department of Public Works of said condition. Said notice may be placed on the defective waste container or mechanically emptied container. The Village reserves the right to refuse to pick up garbage in such defective containers or remove the containers. C. It shall be the duty of each owner and/or tenant of a residence and each owner and/or tenant of a place of business, factory/ industrial plant or other similar place to provide himself with the approved waste containers and mechanically emptied containers for the disposal of garbage, trash and recydables to hold the waste accumulation between periods of collection by the Department of Public Works, or provision shall be made for collection by a private collector. I D. Container areas and enclosures shall be maintained in a neat and dean condition, free of vermin, bees, insects and other pests at ail times. E. Container areas shall be kept free of litter, garbage, recydables and garbage drippings that are not inside the waste containers or mechanically emptied containers. F. Container areas and enclosures shall be maintained free of snow and ice. G. Container areas and enclosures shall be accessible for collection at all times. Garbage containers/dumpsters shaft be kept "moveable and freewheeling at ai times. § 24-5. Use of waste containers and mechanically emptied containers. Waste containers and mechanically emptied containers shall be kept covered at ail times with proper, tight-fitting covers except while garbage is being put into such containers or while the same are being emptied. It shall be unlawful for anyone other than authorized collectors to disturb any container or to remove the covers or any of the contents thereof or cause the contents thereof to be strewn or scattered on the lawns, sidewalks, streets, alleys, parks, playgrounds, empty lots or other pubic or private places in the VMage. § 24-6. Preparation of garbage, bash, rubbish and/or refuse for coOection. A. Where waste containers are being used, a* garbage must be drained and wrapped in plastic bags before ptadng in the waste container. I �054 i B. Papers, magazines/ cut and flattened paper or cardboard cartons shall be separated, securely tied or bound in bundles or packages not exceeding 12 inches in height, width or length or 40 pounds in weight and kept in a dry condition. These shall be collected on the scheduled cofiection days. C. Dead shrubbery, limbs or trees, flowers, hedge dippings and the like may be deposited for collection, provided that the same are cut into lengths of not greater than four feet and are securely tied In bundles not more than two feet in diameter. These shall be collected on trash collection days. i D. Placing leaves into the gutter or Village street is not permitted except on the dates specified in the Village's Annual Fall Leaf Collection Program. Leaves must be placed in bags approved by the Village for collection on the scheduled leaf collection days, unless the Department of Public Works directs otherwise. E. No garbage, trash, recydables or other waste shall be put out on the street in the residential area for collection by any person before 6:00 pm. on the night preceding collection nor after 7:00 a.m. of the day of collection, nor in the Business Area (Zoned C-2) for collection before 6:00 a.m. or after 10:00 a.m. of the day of collection. All waste containers and mechanically emptied containers must be removed from the curbside and returned to the appropriate place of storage by the end of the day of collection. F. Garbage, recydables or trash ready for collection shall be placed at the curb or in approved collection stations. No such material generated within a business or residence shall be placed in receptacles located at Village parks or upon Village streets or other public locations mafatatrted by the Village. §24-7. Responsibility for disposal facilities i The Superintendent of Public Works shall be responsible for the operation of Villageowned disposal tadlities, inducfing but not limited to the hours of operation, material which may be deposited therein and method of disposal. §24-8. Collection regulations and practices. A. Limitations on properties served. I t shall be the duty of every person who accumulates garbage, recydables or trash to prepare the same for removal by the Department of Public Works in the VlBage of Steepy Hoiow, except where disposition by private collector is arranged for. Empty cardboard or wooden - cartons which have not been flattened shal not be picked up. �055 i B. Availability and extent of service. 1) Not more than four thirty-two gallon containers of garbage, trash, rubbish and/or refuse shall be collected in any one week from any single family residence, place of business, store, factory or similar establishment at any one time without charge therefore. 2) Multiple residences disposing of garbage, trash, rubbish and/or refuse in excess of eight waste containers per week shall, instead, provide one or more mechanically emptied containers) which are compatible with the Village collection trucks for mechanical dumping and in the quantity as determined by the Superintendent of Public Works. A waiver of this requirement may be granted by the Superintendent of Public Works at his/her sole discretion. 3) Businesses, stores, factories, restaurants or other commercial establishments disposing of garbage, trash, rubbish and/or refuse in excess of four waste containers shall, instead, provide one or more mechanically empties containers which are compatible with the Village collection trucks for mechanical dumping and in the quantity as determined by the Superintendent of Public Works. . A waiver of this requirement may be granted by the Superintendent of Public Works at his/her sole discretion. 4) For each property listed below to be picked up and emptied by the Village, the owner of the premises shall pay the following fee to the Village: Garbage The Mufti-famity Residential buildings listed below: annual payment of $10,000.00: 95 Beekman Avenue 126 Valley Street 100 College Avenue Garbage Automotive related businesses $30.00 per week Garbage Public Schools of the Tanytowns annual payment of $15,000.00 Garbage Comrrterdal and mixed use properties of 15,000 s.f. and above Garbage Afl other Non-Homestead properties annual payment of $5,000.00 $15.00 per week Persons owning properties as feted above sttal pay the required fee semiannually, before June 3 0 * and December 31st of the upcoming year. Unless I �notified otherwise, the Sieepy Hollow Treasurer shall bill the owner of every such building in May for the upcoming year's service. Any person providing one or more mechanically emptied container may opt out of Village collection and instead have his or her garbage and/or recydabtes collected by a private carter. $uch private collection shall be made at least once per week. Any such owner choosing to have his or her garbage collected by a private carter shall notify the Superintendent of Public Works in writing that Village pick up will not be required for the next calendar year and advising which day of the week the private collection will be made. 5) The Superintendent of Public Works is hereby authorized to arrange date and time schedules for the collection of garbage, recydabtes and trash for the various sections of the village. 6) Where the property owner or tenant has provided an approved garbage container which can be mechanically emptied into a Village truck, the Superintendent of Public Works may authorize Village trucks to enter upon such property with the written permission of the owners. The location of the containers must be approved by the Superintendent of Public Works. 7) The Superintendent of Public Works shall not be required to remove construction debris, mechanically operated vehicles or machinery or any parts thereof, including tires. C. Responsibility of employees. Each and every agent, officer or employee of the Village engaged in the work of collecting and removing garbage, recydabtes and trash from the premises shall in no way interfere with, disturb, break, destroy, handle, take or use any article or substance or trespass upcci the property of the householder except insofar as the requirements of such collections shall warrant § 24-9. Prohibited activities; penalties tor offenses. A. I t shall be unlawful for any person, firm or corporation to place or cause to be placed in or upon any public street, sidewalk or alley of the village of Sleepy Hollow any ashes, dirt, rubbish, glass, garbage, paper, recydabtes, box material or any other type of waste sweepings, litter or trash except as might be provided for in this chapter. B. Any person, firm or corporation engaged in the business of prcviaVKj lardscaping services or cutting or trimming trees or shrubs or in the rehabitebon, home improvements, construction and/or demolition of bufcfings shall be responsfcle for the disposal of such plant materials, trees, tree and shrub cuttings and trimmings or discarded butting materials at the expense of such person, firm or corporation. I t shall be unlawful for such person, firm or corporation to deposit �the aforesaid at any location within the Village, either privately or publicly owned. C. The Superintendent of Public Works or his designee may issue a summons to any person charging him with a violation of this chapter or Chapter 825, Westchester County Source Separation Law, as amended, or any other provisions thereof, which summons shall be returnable in the village Court of the Village of Sleepy Hollow. All violations of Chapter 825, Westchester County Source Separation Law, shall be subject to the fines and penalties as stated in §825.80, entitled ^Penalties and enforcement", upon conviction thereof. D. Except as provided in Subsection E hereof, any person violating any of the terms of this chapter shall, upon conviction thereof, be liable to a fine of not less than $50 nor more than $150 for each of the first three violations thereof; not less than $100 nor more than $300 for each of the fourth and fif^ vtoteticcis thereof; and not less than $200 nor more than $600 for each violation thereafter committed within a three-year period, looking bade from the date of the violation, regardless of the fines imposed on the prior violations. A separate offense shall be deemed committed on each day during which a violation occurs or continues. A separate fee of not less than $200 nor more than $400 shall be assessed against any violator if the Village of Sleepy Hollow is required to remove the garbage, trash, rubbish or refuse. E. Any person, firm, corporation, municipality, municipal corporation or any other entity who shall violate section 24-9 of this chapter shall, in addition to being required to obtain the mandated permit, be subject to a fine of not less than - $250 nor more than $1,000 for each violation thereof, and a separate offense shall be deemed uwimlilted on each day during which such violation occurs or continues. § 24-10. Fees for special services. A. Fees for special services and special pick ups not otherwise provided for in this chapter shaH apply as shall be set, from time to time, by the Superintendent of PubficWorks. B. All fees for such special services shaH be approved by the Department of Public Works prior to being prepaid in the office of the Vfltage Clerk, who shaH issue a receipt for such payment prior to the rendering of such services by the Department of Pubfic Works. Section 2. This law shall take effect immedfetefy upon fifing in the office of the Secretary of State except that the requirement to pay an annual fee for pick up of �058 i mechanically emptied containers shall be first effective June 1 s t , 2004. Bills for such fees shall be Included with the Village's semi-annual tax bills. I l �059 04-15-2004 10:54 Fros-GAINES GRUNER PONZINI NOVICK LLP Meeting Date: Resolution #: 9142880850 T-665 P.003/004 F-476 i 04/20/04 04/ 6 f)4 Resolution of the Board of Trustees of the Village of Sleepy Hollow Adopting a proposed Local Law entitled "Sewer Rents Law" to be included as a Chapter in the General Code of the Village of Sleepy Hollow WHEREAS, a local law was proposed and drafted to be included in the Genera! Code of the Village of Sleepy Hollow entitled "Sewer Rents Law", a copy of which is attached hereto and made a part hereof, and WHEREAS, this proposed local law is to be adopted pursuant to the authority of Article 14-F of the General Municipal Law of the State of New York which authorizes the Village of Sleepy Hollow to establish and to impose sewer rents and to create a "Sewer Rent Fund for the payment of the cost of operations, maintenance and repairs of the Village of Sleepy Hollow Sewer System, and I WHEREAS, the proposed local law will establish sewer rents, defire the sewer system to which they apply, set rates, times and terms of payment and create a sewer rent fund, and WHEREAS, a public hearing was duly noticed and held on the proposed local law "Sewer Rents" on April 13, 2004, and WHEREAS, at such public hearing the comments of the public wers heard and due deliberation was had, and WHEREAS, the environmental significance of this local law was reviewed by the Board of Trustees to the extent required by law and as incident to end as part of said public hearing, NOW THEREFORE BE IT RESOLVED, that a local law entitled "Sewer Rents Law" of the Village Code of the Village of Sleepy Hollow is hereby adopted. Said local law shall take effect in the time prescribed by law. Moved: Pi Felice Seconded: Murray Vote: Unanimous I �060 i LOCAL LAW NO: 3 O F THE VILLAGE OF SLEEPY HOLLOW CHAPTER: Section No. 1: Title. The title of this local law is "Sewer Rents" Section No. 2: Purpose. The purpose of this local law is to establish sewer rates in the Village of Sleepy Hollow pursuant to Chapter 14-F of the General Municipal Law of the State of New York i Section No. 3: Establishment of Sewer Rents The owner of all premises using the sewer system of the Village of Sleepy Hollow or any part thereof shall be required to pay sewer rents for the payment of the costs of operation, maintenance and repairs of the Village of Sleepy Hollow Sewer System. Section No. 4: . Sewer System Defined. The Sewer System for which the Sewer Rents are established and imposed is the entire "Sewer System" within the Village of Sleepy Hollow as defined in Section 451 of the General Municipal Law as it does from time to time exist. Section No. 5: Rates. AH sewer rates, charges, fees and penalties shall be established by the Board of Trustees of the Village of Sleepy Hollow by resolution, and shall be based upon the consumption of water on the premises connected with and served by the Sewer System. Section No. 6: i Quarterly Payments. Sewer rents shall be payable quarterly and shall cover a three month period. Section No. 7. Billing. Sewer rent bills can be obtained at the office of the Treasurer, Village of Sleepy Hollow after the first five (5) days following each period. The Village Treasurer may mail bills as an accommodation to the property owner, but delivery of such bills to the proper party is not guaranteed. If the property owner does not receive a bill on or before the fifth day following the billing period, it is his responsibility to contact the office of the Treasurer to obtain one. �Section No. 8: Quarterly Payments. Sewer rent bills shall be Issued quarterly on a rotating basis. Section No. 9: Late Payments; Penalties, Liens and Collection. All bills for sewer rents are due and payable in the office of the Treasurer on the first day of the month following the quarter for which sewer rents are assessed. All amounts due for sewer rents will be received without penalty during the first month following the quarter charged. After the first month following the quarter charged, a penalty rate of 7 1/2% during the second month and 1 1/2% per month during each additional month or part thereof that the bill remains unpaid will be added to the bill. The Village, in its discretion, may elect to send out for collection those bills due and payable at the end of a calendar year. In accordance with General Municipal Law Section 452, sewer rents shall constitute a lien upon the real property served by the sewer system. This lien shall have priority and be senior to every other lien with the exception of the lien of an existing tax; assessment, or other lawful charge imposed by the State or of a political subdivision or district thereof. Delinquent accounts, including sewer rents and penalties shall be collected in a manner provided for in General Municipal Law Section 452 (4). Section No. 10: Sewer Rent Fund. All revenues derived from Sewer Rents, including penalties, shall be credited by the Village Treasurer to a special fund to be known as the "Sewer Rent Fund". All rents and penalties deposited, together with the interest thereon, shall be used in accordance with General Municipal Law Section 453. Section No. 11: Severability. If any provision of this local law or application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this local law or the application thereof to other persons and circumstances. Section No. 12: Effective Date. This local law shall take effect in the time provided for by law. 2 �062 i 04-22-2004 15:44 Froo-GAINES GRUNER P0NZIN1 NQVICK LLP 9142830850 T-749 P.002/003 F-831 Meeting Date: 04/27/04 Resolution #: 04^2 /04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Adopting, Setting and Otherwise Fixing the Sewer Rents for 1 he Village of Sleepy Hollow pursuant to its local law "Sewer Rents" __ WHEREAS, a local law No: 3 dated 4/27/04 Rents" was adopted by the Village of Sleepy Hollow, and i entitled "Sewer WHEREAS, the purpose of that local law was to establish sewer rates in the Village of Sleepy Hollow pursuant to Chapter 14-F of the General Municipal Law of the State of New York, and WHEREAS, the owners of all premises using the Sewer System of the Village of Sleepy Hollow or any part thereof shali berequiredto pay rents for the payment of the costs, operation, maintenance and repairs of the Village of Sleepy Hollow Sewer System, and WHEREAS, said local law provides that all sewer rates, charges, fees and penalties shali be established by the Board of Trustees of the Village of Sleepy Hollow by resolution and shall be based upon the consumption of water on the premises connected with and served by the Sewer System, and WHEREAS, the Board of Trustees of the Village of Sleepy Hollow has studied the needs of and the funds required to accomplish the above stated goals, NOW THEREFORE BE IT RESOLVED, that the sewer rent for th3 Village of Sleepy Hollow is established, effective immediately, at the rate of 13.95 per cent of the final water bill in dollars of the owner of each premises as provided for in said local law. Moved: Murray I Seconded: 7 i 0 i a Vote: Unanimous �Meeting Date: 04/27/04 Resolutions: 0 4 / 6 3 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow to adopt the Total Assessed Valuation for the Homestead and Non-Homestead Portions of the Tax Roll for Fiscal Year 2004-2005 Be it Resolved, that for the 2004-2005 fiscal year, the Total Taxable Assessed Valuation for the Homestead Portion of the tax roll is $189,539,122 and the Total Assessed Valuation for the Non-Homestead Portion of the tax roll is $54,940,721. Moved: Z i e j a Seconded: G r a l a V o t e : Unanimous Meeting Date: 04/27/04 Resolution #: 0 4 / 6 4 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow to adopt the General Fund Budget for Fiscal Year 2004-2005 Be it Resolved, that the 2004-2005 Budget concerning the General Fund be adopted in the amount of $10,181,393. Said adoption being pursuant to the Provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for Villages and the Uniform Systems of Accounts as set forth in the Manuals issued by the Division of Municipal Affairs, Albany, New York. Moved: G r a l a Seconded: Spot a Vote: Unanimous Meeting Date: 04/27/04 Resolution #: 0 4 / 6 5 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow to adopt the Tax Rate for Homestead and Non-Homestead Properties for Fiscal Year 2004-2005 Be it Resolved, that the tax rate be levied pursuant to law and that the rate be $22.8848 per thousand for Homestead properties and $36.3069 per thousand for Non-Homestead properties, for Fiscal Year June 1,2004 through May 31,2005. Moved: Spota Seconded: D i F e l i c e Vote: Unanimous �VILLAGE OF SLEEPY HOLLOW ADOPTED BUDGET FISCAL TEAR 2 0 0 4 - 2 0 0 5 April 2 7 , 2 0 0 4 MAYOR Philip E. Zegarelli DEPUTY MAYOR Mario DiFelice BOARD OF T R U S T E E S Kay Brown Grala James Hart Andrew Murray Richard Spota Richard Zieja ADMINISTRATION Dwight H. Douglas Village Administrator Angela L. Everett Village Clerk Abraham J . Zambrano Village Treasurer �Village of Sleepy Hollow Dwight H. Douglas Administrator (914) 366-5105 Philip E. Zegarelli Mayor (914) 366-5107 Angela Everett Village Clerk (914) 366-5106 Mario DiFelice Deputy Mayor (914) 366-5107 TRUSTEES Kay Brown Grala James J. Hart Richard J. Spota Donald W.Stever Richard Zieja (914)366-5107 Abraham Zambrano Treasurer (914) 366-5102 flew 1/ork 1874 Robert Ponzini Village Attorney More than a Zegend MAYOR'S BUDGET MESSAGE Our fiscal year 2004-2004 will be a year that will require additional funding to expenses that the Village has little or no control over. There are mandatory expenses related to pension contributions and insurance that have place a heavyfinancialburden on the Village. These expenses clearly show in the proposed budget that has been filed with the Village clerk on March 19, 2004. Although the adopted budget reflects severe cuts in expenditures in many areas, the financial burden remains as it relates to the expenditures enumerated below. The attached budget calls for a tax rate increase, which now becomes higher than the Village Board of Trustees would like to have seen. The homestead rate increases from 20.8710 to 22.8848 (%), a 9.65% increase, the non-homestead increase from 34.5016 to 36.3069(%), a 5.23% increase. Most of the mandatory expenses have increased substantially over last years'costs. Contributions to the retirement system alone have increased by $117,641, health insurance and liability insurance has increased the budget by $111,903, while workers'compensation increased by 47,500. These increases are the result of a struggling national economy and the direct result of the September 11 events, the war against terrorism and the unfunded mandates burdening the state and county governments. All these factors have an indirect effect to local governments and Sleepy Hollow continues to see the aftereffects of these factors on the local tax rates. This year's Cost Retirement Pension Costs $165,929 2003^1 Budget Projected $ Increase % Increase $283,570 $117,641 71% Health Insurance $840,368 $912,570 $72,202 9% Liability Insurance $309,009 $348,710 $39,701 13% Workers'Compensation Insurance $302,500 $350,000 $47,500 16% TOTAL NET INCREASES $1,617,806 $1^94,850 $277,044 28 Beefanan Avenue * Sleepy Hollow, New York 10591 Telephone (914) 366-5100 • Fax (914) 631-5880 wwwjfeepyboOoway.org 17% �This year's budgeted expenditures have increased by $155,293, while mandated expenses haverisenby $277,044, or a net decrease in expenditures of $121,751. Every effort has been made by the various departments to lower expenditures since revenues obtained for the past three years from General Motors and Kendal are no longer available. Over the past three years, the $600,000 and $500,000 payment from General Motors and Kendal gave the taxpayers of the Village relief that would have otherwise been part of the tax increase over the past three fiscal years. Consequently, the $1.1 million dollars has to be raised by increasing, implementing new fees and by increasing property taxes. In order to keep the rate of increase as low as possible the Village Board and I have gone through the budget closely but logically to look for all possible savings and cost reductions. It should be noted that this increase would have been far higher were it not for the time dedicated by the Board of Trustees to maximize revenues and minimize expenditures. Despite our cooperative effort to decrease expenditures, this year will be a difficult year for the Village. However, we are in better shape than many other Villages and we have taken important steps to establish reserves in order to maintain the Villages credit rating and cash flow. Letsjust hope that next year's winter won't be as financially draining as the last two winters. At this time, I would like to highlight the accomplishments of our past year, look ahead at the major new initiatives which underlie the current planned budget and provide some general comment on the direction that the Village must take in terms of maintaining fiscal stability. 2003-2004 Accomplishments As always are key focus remains the General Motors site redevelopment, but at the same time, significant advancements have been made in 2003-2004. Highlighting these are: 1. General Motors site redevelopment In February of last year, Roseland Property Company submitted its initial concept plan, subsequently; the Village and its staff published notice of its intent to act as lead agent for the review of the development and held a scoping session for those items which must be included in the Draft Environmental Impact Statement for the project The DEIS is due to be delivered to the village for a completeness review in mid-April of this year. It is anticipated that the entire review timetable will extend through 2005, providing us all with an opportunity to fully review and assess and make appropriate modifications to what is a "once in a lifetime" development opportunity. During this past year, as a result of numerous in house meetings the plan has been refined resulting in the likelihood that the entire 28 acre 'easta'de" parcel will be donated to the village for park and open space expansion - significantly an extension of DeVries Park with new fields - and a new home for the DPW garage as well as needed ii �parking. The village is working with Historic Hudson Valley to incorporate an expansion of the restoration creating an historic tenant farm onto the site. The architectural firm of Beyer, Blinder, Belle has been brought on board to work in tandem with Saccardi & Schiff, the village's planners and to provide design guidance on behalf of the village to the developer Roseland. Design work has focused on the Beekman Ave. extension with its proposed retail/residential development and with the Open Space/park development planning (discussed below). The entire development is being planned as an extension of the Village rather than a whole new Village with no relationship to the existing Village center. We intend to have no barriers, no fences or no walls...on!y a linkage amongst all parts of our Village all to our wonderful and scenic river. 2. Waterfront Open Space Master Plan The Village has contracted with Beyer, Blinder, Belle to develop a conceptual master plan showing the interconnection of parks and open space in the waterfront area. Key components include ariverfrontpark system that connects the entire GM shoreline to Kingsland Point Park in the north and Horan's Landing at the southerly end. The plan also focuses on the reconfiguration and redesign of an expanded DeVries park, adding a soccer field and developing the park as the Village's sports recreation complex. The plan is intended to be incorporated into the DEIS being prepared for the Lighthouse Landing Development, so it can be studied together with the new development. 3. Kendal-on-Hudson The past year saw major construction underway for this $100 million plus project Construction activity should be largely complete by the end of 2004. The development provides important new revenues to the Village and to the school district, without any corresponding new demand on the Village for traditional and costly services such as snow plowing, street maintenance and garbage removal, and so on. Construction activities have been carried on with minimal disturbance to either the normal operations of Phelps Hospital or the surrounding neighborhood. 4. Ichabod's Landing In December of this past year, the Board of Trustees completed its review of the project and issued an environmental finding and special permit for the 44 unit development Key to the eventual approval by the Board was the developer's acceptance of a reduction in density to permit the creation of a 98 foot setback from the water's edge along the iii �Hudson. As part of the approval, approximately an acre of lands along the river will be improved for park use and dedicated to the village. Improvements to Horan's Landing will also be undertaken by the developer as part of his project, which still seeks site plan approval from the Planning Board. 5. Kingsland Point Park Last year the Village took over operation of the park under an inter-municipal agreement with the County. Our first year of operations was a smooth one, with existing public works personnel, assisted by the recreation and police departments and supplemented with summer hires, was able to successfully oversee the maintenance and use of the park. Working with County parks staff an exciting program to renovate the park and to tie it into the General Motors project is in development. In the coming year a new playground will be installed by the County, while the village looks to site a privately funded new gazebo in the park. 6. Bamhart Park/Duracdl The Village completed acquisition of the former Duracell site for open space, parking and park usage. The property is being donated and $600,000 in grants have been obtained to support the improvements to Bamhart Park, the approach to Barnhart Park along Barnhart Avenue, and the former Duracell battery site. The Village's conceptual plan for this was presented to area residents, and substantially modified to reflect their thoughts and concerns. Westchester County design staff is completing plan development for the project to be put out to bid in the summer of 2004. 7. Devries Field As part of the Kingsland Point Park negotiations, the Village has proposed, and the County is entertaining the concept of, revitalizing Devries Field with new lighting and other improvements. Platform tennis courts were installed in the park to add to the broad active recreation use envisioned for this facHity. 8. Margotta Courts Playground Utilizing funding through Westchester County, work is underway with a planned midspring completion date to replace the basketball courts and playground equipment and to make other landscaping improvements at Margotta Courts. Considerable input was obtained from the immediate neighborhood to ensure that the park in the future would be well used and well maintained. The Housing Authority is participating in the upgrade. iv �9. Grants Last year the Village obtained commitments of over $1 million in grants funded through the Community Development Block Grant Program and through the New York State Departments of State and Parks and Historic Preservation. An additional commitment of $180,000 in funding was obtained this year. The grants will enable work to be undertaken as noted above at Bamhart Park and at Margotta Courts and to renovate Cedar Street, Lawrence Avenue and complete work on Broadway. A $100,000 grant was also obtained from the Greenway to extend Horseman's Trail down to the water's edge as part of the future GM site redevelopment. 10. Douglas Park A major renovation of this park was undertaken by our own Public Works personnel. New gates have been donated and installed, gazebos erected and trails rehabilitated. We expect to complete the project this year. 11. Fremont Pond This past year, utilizing a $250,000 grant obtained in the previous year, we were able to undertake and complete sediment removal from Fremont Pond. Additionally, we have installed a catch basin retainage system and holding tank to slow the re-sedimentation of the Pond. Sewer lining upgrades and other improvements in Sleepy Hollow Manor are also complete. One additional sediment control basin needs to be designed and installed at the southern inlet of the pond. The Village has agreed to take over monitoring and treatment of the lake for algae control. 9. Senior Center This past year with the assistance of Nita Lowey's Office a $125,000 grant was obtained toward the development of a new senior center. Negotiations are underway to develop an existing building for our seniors. 10. Ambulance Corps The Corp under the leadership of Todd Spota continues to work wonders in providing a great service to the residents and citizens of Sleepy Hollow and is now so active that it is able to more often assist neighboring communities than require assistance ourselves. The Corp now has twenty four fully certified Emergency Medical Technicians providing important immediate care to those in need. The DPW recently completed work on an extension of their Andrews Lane building so that both Ambulances can be located indoors thus greatly saving wear and tear. v �11. Fire house renovations With the assistance of several General Motors workers, the village was able to undertake significant improvements to the Union Hose and Rescue Hose buildings. Exterior and interior painting, carpentry and other repairs have been completed at very minimal cost to the village taxpayer. We continue to repair and restore our Fire Houses, many of which have not been attended to for decades. 12. Public Works Despite all the snow the Highway Department has managed to keep our streets in great order and, as far as I can see, better than any other Village around us. The Village's Highway Department not only undertakes the standard street sweeping road maintenance projects that Highway Departments do, but has become skilled enough to be a small construction crew to work on the parks as noted above. 13. Building Department This year the Board of Trustees, working with the Village Administrator completed a major reorganization of this department, bringing on board Sean McCarthy to oversee the department and assist in the oversight of major construction activities now underway at County House Road and Kendal and to plan for the start up of the Ichabod's Landing project. 14. Engineering and Legal Services This past year has seen major changes in the village's procurement of Legal and Engineering services. After extensive review and interviewing of various professional firms, the firm of Dolph Rotfeld Engineering, P.C. was selected to provide service to both the Planning Board and Hie Village Board. Previously two separate firms had served the two boards, often resulting in an increase cost to applicants before those boards. Hahn Engineering will continue to provide in house support for village construction projects. Bob Ponzini has been brought on board as Village counsel and to oversee the specialized work performed by the firm of Keane and Beane (planning and environmentai) and Bond Schoeneck & King, PLLC (labor). 15. Finance Department Our restructured finance department under the leadership of Abe Zambrano has made great strides in integrating the computer systems which service the general fund, water fund, and tax billing functions, and has upgraded the village telephone system. Going forward this will pay great dividends in speedier service to village property owners and in enhanced budget control measures. vi �J 2004-2005 2004-2005 will be a significant construction year, with the planned completion and Grand Opening of the Kendal-on-Hudson project, the estimated completion of the County House Road project, and the commencement of construction of Ichabod's Landing. Planned municipal projects include the construction of an extension to Barnhart Park, Completion of the Margotta Courts playground improvement plan, installation of new playground equipment and a gazebo at Kingsland Point Park, Streetscape improvements to Cedar Street; and potentially even getting the Horseman's Trail project under construction. Of even greater significance, we anticipate continuous work nearing completion of the planning and environmental review for the Lighthouse Landing Project on the former GM site. The importance of this endeavour and the Board's absolute commitment to an open citizen input process can not be overstated. As I have said before, it seems that every hundred years or so the village has the opportunity and responsibility to lay in the framework that will guide and determine the character of the Village for the next hundred years. From the Walker Steamer Plant construction at the turn of the twentieth century through to 1996, automotive manufacturing drove the finances and development in the village. We now face the next hundred years with both enthusiasm and awareness of our awesome responsibility to ensure that redevelopment preserves, strengthens and extends the best qualities of our village. Having successfully negotiated to take over Kingsland Point Park and with assurance that the entire waterfront of the GM site will become open to the public as the development proceeds, we are in the process of undertaking a comprehensive Open Space Waterfront Development Plan designed to integrate and connect the waterfront and provide a blueprint for the village's future investment in its waterfront Two other important developments are on the front burner and will be the subject of much work in the coming Year: Village Reservoir Expansion, which will go through design and environmental review and for which the Village has already obtained commitment for low interest financing through the EPF, and Phelps Hospital Master Plan, which will be reviewed by the Planning Board and was anticipated in the Kendal EIS process. Additionally, we will complete the overhaul and reorganization of the Code of the Village and initiate a village-wide Re-evaluation. vii �Conclusion Over the past several years, the Board of Trustees and I, working intensively with the Village Administrator and key Village personnel have sought and obtained over five million dollars in grants and non-tax revenues to undertake needed capital improvements and to hold the tax rate increases down as low as possible. Still, taxes have risen higher and faster than we would likeAt the same time our attention has never wavered from the key focus on the future: the redevelopment oftineold GM site in such as way that will make us all proud and yield the stabilizing and strengthening tax revenues so vital to a fiscally sound future. viu �ct to CI in « i 00 CO f-i yQ tO (0 i n to * t- \o m ao o • i CO vO CI O 00 O <* doo n » O CO 00 W « < a a 2 w a o Q « Q in CI o o o o o o ci * CO « 2,500 m ,030,9 •J ci 2,330 o O Q -2002 PTED & UDGET t- ,698,0 CO 2000 ADO o o o D TOO 02 o < OPT fc ci o 8,778 S 302-20 DOPTED o MAR o CO o 3,545 O > O t» 2 » CO o o o i- (O IH tf* er- d * 4 *•« OV CO « Ov B t» «t- C* O •9- CI f-f l~ 00 r-l <M OV o CO so ,-1 <o r- >o co o\ w * w t* o \o oo .-i « CO * OH) CO * o t^ so n gig CO CI t- l» coci Pi I? ss o o N <t O o PI •5 U 3 n o 35 D fc. 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I < o a. o I 15 O f- *-. O ii 5£ g lei mi . . . . U. U . U . U . :< t: n i- o h- ; rj>- f .*i*"jT." - -2. r&&m �O o o o o o o o o o o <» o o o o 607,705 o SS.gSslii.&H T^ o o : o o o o o o o o o o o o o_ o_ • o o _ o _ o _ o _ roiv in »n ivT tn" co 111 CM co" cj K T co" =r> 1,500 101,320 2,000 5,000 7,000 1,000 40,000 20,000 7,000 15,000 2,000 508,260 1,000 8,500 1,500 2,500 500 3,980 250,000 3,500 10,000 500 181,280 8,000 2,000 7,000 ADOPTED BUDGET 000'HZ co o o co o to o o co o i eo co o • o rr CO oco . e o c M i o o T «- co co a ^- o «- sllII ? 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' CO »§§ uj O V O N O C M C S I & I- O O O O O O O -T "V - * • » - * - * -«• o o o o o o o CM CM CM CM CM CM CM co eo co o n co co a 3 a ) oo c f CD oo s o ul tiT uT ul ul til ul : • 1 •a i I �n o n o o c o t 8,000 3,000 25,000 15,000 oo o o to co' =o 40,000 30,000 00,000 o I n o —«. CM - ^ CO_ N O « CM V CO •*_ co~ *^ o s N N t CO_ T ^ ©n T- s a o o o o o o to o o O D n t^ io »- CD IO - * T - IO ^ S oS o«8 xgo ^ fc © r*- r- co T - CO CO CM t o«- w<D in --a- C M w o a 080 >w r- «o *- ID CM CM CO © « • • T- *TJ •»* o m 39| SIS r^ to co o o o CM T - CM a ^< o^-o •^ * 2 II & o o III p a > a: ! Ul CO & II Ul ;* < m o > tr i- a z a. 3 S3 1 - <5 w 5i= f.o§ c/> cc §I si 1 i§ < O I- a: ui a. O Ul CO I - Ul Zli Ul Us. DC 5= _ | UI CD O rJ iu < tr m uiitaai- Illlilllllli �Ci r- O O CM CO r^ co_ o . o ai co h-T i^T *^ eo 10,000 o 10,000 o r- o o r*- I 58,000 68,650 65,000 4,000 185,970 096 II m a> -«J I o •* l£> CO o o o o o o o o o r» O O Q_ O , »q^ •c" V o~ csi" co" 2as «Q 8« •** O -J. 8 tills IS r© r^ lllls IS W T- O «D ID « as ^fc*° "So: faQ™ O B5 j O O T~ T~ o fc*•' ot > < « 2 » H ta E |8 is IIIISI II o a 10 u. s UJ z 111 n m^ £ U tu n CO 90 •PRIN •INTR is III! co co S <<- z o o z z o at o m = IU £ IU Q. 5 O -J CO < «> O Q UJ Jo UJ < to to UJ go o o o 1 - N P J O .m » o o o o o o o o CM CO O P>- SO CO CO CO SO o o o o o o o S8888 O tOS [G> L IC* L l© LtL L a> a> U.' IL •> u i- o z O z z ti a " ;5 o ft • z o o < Ort Om I K 7 »*: o to «o ^ »•- . 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O l- o t- Of cs Z tr Ul ** Ul Pro oUl a</> t- oUI -> <) ft A H W O Q m 3 K o §*? O o o o o o o o o O ITJ O O O CD O O O O O O CD O o o O O O O CD O O O O o o o o o O CD O O O O CD CD O O o o o o S" ci" in o o o O o x CM ft H O c a. E c: fcQg C3 rf 51 «J fa OBCJ mQ ^ o —> Ul s I! o • o "o 2 - II K £ © £ 2 o U T3 _I o m ca a. a. < O S f II PI £ O o I- 3> Q. S g>3 o £ cr x * : tu Si ui • • - CM is S3 U K 0. <r> -c tr> o u> ss o O O O O O co CO CO CO CO 0 0 0 o o *<? -!» O 'si T 0 0 0 N IN IN X X X II §i CM O CM CO CO CM O CM CO CO X I •:jii.T.n4^Hutirir^~i tiiaa*Kis*sa : *te* ie3^u.i«kk^»f£QSayS&iSi^ �VILLAGE OF SLEEPY HOLLOW 2004-2005 ADOPTED BUDGET GENERAL FUND REVENUE SOURCES REVENUE CATEGORY REAL PROPERTY TAXES SALES TAX REVENUE STATE AID DEPARTMENTAL FEES INTERFUND TRANSFERS OTHER REVENUE TOTAL REVENUES Percent of Total AMOUNT $ 6,332,293 1,325,000 330,000 1,318,350 250,000 625,750 10,181,393 Other Revenue Interfund Transfers Departmental Income State Aid Sales Tax Revenue Real Property Taxes 63% 13% 3% 13% 2% 6% 100% �VILLAGE OF SLEEPY HOLLOW 2004-2005 ADOPTED BUDGET GENERAL FUND APPROPRIATIONS DEPARTMENTAL EXPENSES WAGES BENEFITS EQUIPMENT MATLS, SUPPLIES & CONTRACT DEBT SERVICE CONTINGENCY TOTAL EXPENDITURES Percent of Total AMOUNT $ $ 4,249,796 1,969,200 171,500 2,772,985 737,912 280,000 10,181,393 Contingency, 3% Debt Service 7% Wages 42% Materials, Supplies & Contractual 27% Equipment 2% Benefits 19% 42% 19% 2% 27% 7% 3% 100% �BOSKS ry^nrn JUU.JU The purpose of this section is to outline accounting procedures and authoritative guidance provided for the accounting and reporting of financial information by the Village of Sleepy Hollow. FORM OF VILLAGE GOVERNMENT The Village of Sleepy Hollow was established in 1874 and operates in accordance with Village Law and the various other applicable laws of the State of New York. The Village Board of Trustees is the legislative body responsible for overall operation. The Mayor serves as the chief executive officer and the Village Administrator is responsible for day-to-day operations of the Village. The Village Treasurer serves as the chief financial officer. FINANCIAL AUDITS Annually, the Village retains services of a certified public accountant firm to conduct an audit of it's financialstatements in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. A copy of the report is available in the Village Clerk's office. The Village is also subject to periodic audits and reviews by the New York office of the State Comptroller. Notice is given in the official newspaper when such an audit is completed and on file with the Village Clerk. BUDGETARY PROCEDURES The Village generally follows the procedures enumerated below in establishing the budgetary data reflected in the financial statements: �a) On or before March 20, the Village Treasurer submits to the Board of Trustees a tentative operating budget for the fiscal year commencing the following June 1 st . The tentative budget, which is prepared upon the recommendations of department heads and the Village Administrator, includes proposed expenditures and the means of financing. b) The Board of Trustees conducts a public hearing on the tentative budget to obtain taxpayer comments on or before April 20th. c) After the public hearing and on or before May 1st* the Trustees meet to consider and adopt the budget, at which time they are required to file the document with the Village Clerk. d) Formal budgetary integration is employed throughout the year as a management control device for General, Special Revenue and capital projects funds. e) Budgets for General and Special Revenue funds are legally adopted annually on a basis consistent with generally accepted accounting principles. The capital projects fund is budgeted on a project basis. The Board of Trustees does not adopt an annual budget for the Fiduciary Funds. f) The Board of Trustees has established legal control of the budget at the function level of expenditures. Transfers between appropriation accounts, at the function level, require approval by the Board. Any modifications to appropriations resulting from an increase in revenue estimates or supplemental reserve appropriations also require a majority vote by the Board. g) Appropriations in General and Special Revenue funds lapse at the end of the fiscal year, except that outstanding encumbrances are re-appropriated in the succeeding year. FUND ACCOUNTING The accounts of the Village are organized and operated on the basis of funds and account groups. A fund is an independent fiscal and accounting entity with a self-balancing set of accounts that comprise of assets, liabilities, fund balance/retained earnings, revenues and expenditures/expenses. Fund accounting �segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance related legal and contractual provisions. The Village maintains the minimum number of funds consistent with legal and managerial requirements. Account groups are a reporting device to account for certain assets and liabilities of governmental funds not recorded directly in those funds. The Villages resources are reflected in the financial statements in four generic fund types within two broad fund categories, as well as two account groups, in accordance with generally accepted accounting principles as follows: Fund Categories A. Governmental Funds are those through which most general government functions are financed. The acquisition, use and balances of expendable financial resources and the related liabilities are accounted through governmental funds. The Village of Sleepy Hollow uses the following Governmental Funds: General Fund-The General Fund constitutes the primary operating fund of the Village in that it includes all revenues and expenditures not required by law to be accounted for in other funds. Special Revenue Funds-Special revenue funds are established to account for the proceeds of specific revenue resources (other than capital projects, proprietary, or expendable trusts) that are generally restricted to expenditures for defined purposes. The special revenue funds of the Village are as follows: Water/Sewer Fund-The Water/Sewer fund is used to record the water/sewer utility operations of the Village that render services on a user charge basis to the general public. Capital Projects Fund-The Capital Projects fund is used to account forfinancialresources to be used for the �acquisition or construction of major capital facilities, other than those used by proprietary funds. Fiduciary Funds-Fiduciary Funds are used to account for assets held by the Village in a trustee or custodial capacity. Fiduciary funds include Expendable Trust and Agency funds. The Expendable Trust Fund accounts for assets held by the Village in accordance with terms of a trust agreement. The Agency Fund accounts for assets held by the Village on behalf of others. » ) ) ) ) ) ) ) ) ) *..-,„ -~ ^ w~ir+z° ^ ^ i - ^ i r i v ^ - u r - r s ^ t ^ L j a ^ ^ ^ ^ , ^ * ^"%n^^--3^c^ t ^ -%^^^%f^^^t^^%^^':i^^^Ji^t^^H �Accrual Basis of Accounting: All flows of resources (and thus all Changes in Net Assets) during the year are recorded regardless of whether they Involve cash flowing in or out of the government. Activity: A specific and distinguishable service provided by the government of the Village of Sleepy Hollow. Amortization: The gradual reduction of a financial commitment according to a specified schedule of times and amounts. Appropriation: The legal authorization granted by the Village Board to make expenditures and to incur obligations. Assessed Valuation: A valuation set upon real estate or other property by the Village as a basis for levying taxes. Assessment Roll: The official list containing the legal description of each parcel of property and its assessed valuation. Assets: Resources owned or controlled by a government, as a result of a past transaction or other event, that have recognizable monetary value. Basis of Accounting: The decision rule a government employs to determine when to record the assets, liabilities, revenues and expenses/expenditures specified by the relevant measurement focus; two principal bases used by governments are accrual and modified accrual. Bond: A written promise to pay a specified sum of money at a specified date or dates in the future. �Bond Anticipation Note: Short-term interest-bearing notes issued by a government in anticipation of bonds to be issued at a later date. The notes are retired form the proceeds of the bond issue to which they are related. Bond Authorized and Un-lssued: Bonds which have been authorized by the Village Board but nor issued and which can be issued and sold without further authorization. ' Budget: A financial work plan embodying an estimate of proposed expenditures for a given period and the proposed means of financing them. Capital Expenditure: Expenditures, which result in the acquisition of, or addition or improvements to, Village facilities. Capital Program: A plan developed by the Village Board for capital expenditures to be incurred each year over to be determined period of time. It sets forth each project and specifies the resources estimated to be available to finance the project. Certiorari: A judicial proceeding to review an assessment of real property. "Chips": The New York State Consolidated Highway Improvement Program. A New York State Local aid program designed to improve the physical condition of local streets and bridges. Compensated Absences: Unused vacation and other leave time for which employees will be paid when they retire or otherwise cease to work for a government. Debt: An obligation resulting from the borrowing of money. The Village's debt includes bonds and bond anticipation notes. �Debt Limit: The maximum amount of debt which is legally permitted. In New York State the debt limits is 7% of the average of the full valuation of assessable property within the Village for the past five. Debt Service: The amount of money required to pay annual interest and principal on outstanding debt. Debt Service Fund: A government fund to account for the payment of interest and principal on long-term debt. Department: An operation unit of Village government. Encumbrances: Amounts committed to pay for goods and services a government contracted for but did not yet receive. Depreciation: (1) Expiration in the service life of fixes assets (buildings, machinery, equipment, etc.) attributable to normal wear and tear. (2) The portion of the cost of a fixed asset, which is charged , as an expense during a particular period. Expenditures: The outflow of cash, a promise to pay, or other financial resources in return for goods and services that have been received. Expenses: Decreases in Net Assets resulting form the using up or outflow of Assets in the course of operating a government and providing goods and services. Fiscal Year: A 12-month period to which the annual operating budget applies. In Sleepy Hollow, the fiscal year runs from June 1 through May 31. Fund: A fiscal and accounting entity used to control and account for the use of government resources. �Fringe Benefits: Non-salary compensation for employees, such as pension contributions and health and life insurance premiums. Full Valuation: The valuation of assessable property within the Village of Sleepy Hollow that is calculated by applying a State Equalization Rate for the purpose of "equalizing" assessment practices statewide. Full valuation is the basis of computing the Village's debt and taxing limits. Fund Balance: Governmental funds are, in essence, accounting segregations of financial resources. Expendable assets are assigned to various governmental funds according to the purposed for which they may or must be used; current liabilities are assigned to the fund from which they are to be paid; and the difference between governmental fund assets and liabilities, the fund equity is referred to as fund balance. GASB 34: A set of substantial revisions, approved in June 1999, to the model that state and local governments follow when reporting their finances to the public; the full titles is "Basic Financial Statements- and Management's Discussion and Analysis-for State and Local Governments." General Obligation Bonds: Bonds for the payment of which the full faith and credit of the Village are pledged. General Fund: Accounts for all activities not reported in other funds. Governmental Accounting Standards Board (GASB): The GASB was organized in 1984 as an independent, professional body (by the Financial Accounting Foundation) to establish standards of financial accounting and reporting for state and local governmental entities. The Foundation is responsible for selecting the members of the GASB and its Advisory Council, funding their activities, and exercising general oversight (except with regard to the GASB's resolution of technical issues). �Government Finance Officers Association: A national professional association that the village of Sleepy Hollow is a participant. The GFOA distinguished budget award presentation is an attainable goal set by the majority of municipalities in the United States. Governmental Funds: These funds track the finances of a government's basic services. Interest: The cost of borrowing money; it is typically a percentage of principal. Liabilities: The amount a government owes. Long-Term Debt: Debt with a maturity of more than one year. Measurement Focus: The definition of the kinds of transactions and other events a government should consider when accounting for and reporting its finances Modified Accrual Basis of Accounting: The basis a government uses to account for its government funds; it records expenditures rather than expenses, and requires that payment on revenues be received during the year or soon enough thereafter to be used to liquidate the current year's liabilities. Modified Budget: The budget that reflects all legal changes made to the original budget subsequent to the start of the year (even those that occur after the end of the year). Mortgage Tax Receipts: A municipality's local share of mortgage transactions that occur within its jurisdiction. �Object: Identifies the nature of articles to be purchased or the service obtained as distinguished form the results obtained from the expenditure. Original Budget: The first legally adopted budget for a given year, including any legal adjustments made to it subsequent to adoption but prior to the start of the year. Principal: The original amount borrowed via a mortgage, bonds, notes, or other debt instrument; or original amounts invested by a government. Pro Forma: For form's sake. Used to denote a sample statement which may either be wholly or partially hypothetical, actual facts, estimates, or proposals. Resolution: An order of the Village Board requiring less legal formality than an ordinance. Revenues: Increases in Net Assets connected with growth in assets as a result, directly or indirectly, of providing goods and services. Solvency: Capable of meeting obligations. Source: Used to describe the origin of Village revenues. Special Revenue Funds: Used to account for the proceeds of specific revenue sources, other than expendable trusts and capital projects, that are legally restricted to expenditures for specific purposes. "STAR": The New York State School Tax Relief Program. A State exemption program administered by the Town to provide school tax relief for taxpayers of owner-occupied residences. The enhanced program for seniors with an income of $60,000 or less is effective in FY98-99. The basic exemption program with no income limit, but a lower exemption rate, became effective in FY99-O0. �Taxing Limit: The maximum rate at which the Village may levy a tax. In New York State, the taxing limit is 2% of the average of the full valuation of assessable property within the Village for the past five years. Transactions: Events in which something of value is exchanged between a government and another party external to the government. Transfers: Shifts of resources from one part of a government to another without receiving direct benefit in return. �Meeting Date: 04/27/04 Resoiution#: 04/66/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow authorizing the Mayor to execute the Tax Warrant for the Collection of Taxes for Fiscal Year 2004-2005 Be it Resolved, that the Mayor be authorized to sign the Tax Warrant in the amount of $6,332,293 for the Collection of the 2004-2005 taxes, and that the same be presented to the Treasurer and Tax Collector with the Assessment Roll. Moved: DiFelice Seconded: Murray vote: Unanimous Meeting Date: 04/27/04 Resolution #: 0 4 / 6 7 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow to set due dates for the first and second Village Tax Installment for Fiscal Year 2004-2005 Be it Resolved, that the tax payments be in two equal installments, the first installment is payable on June 1, 2004 and continuing up to and including June 30, 2004 and the second installment payable commencing December 1, 2004 and continuing up to and including December 31, 2004. Moved: Murray Seconded: Z i e i a Vote: Unanimous Meeting Date: 04/27/04 Resolution #: 0 4 / 6 8 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow to set the rate of penalty for unpaid taxes for Fiscal Year 2004-2005 Be it Resolved, that the taxes due under the first installment remaining unpaid after June 30,2004 shall bear interest at the rate of five percentum (5%) for the first month, and additional one percentum (1%) for each month or fraction thereof thereafter until paid, and all taxes remaining unpaid under the second installment after December 31,2004 shall bear interest at the rate of five percentum (5%) for the first month, and an additional one percentum (1%) for each month or fraction thereof thereafter until paid. Moved: Zieia Seconded: G r a l a Vote: Unanimous �Meeting Date: 04/27/04 Resolution ft: 0 4 / 6 9 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow to adopt the Water Fund Budget for Fiscal Year 2004-2005 Be it Resolved, that the 2004-2005 Budget for the Department of Water and Sewer be adopted in the amount of $2,489,400. Said adoption being pursuant to the Provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for Villages and the Uniform System of Accounts as set forth in the Manuals issued by the Division of Municipal Affairs, Albany, New York Moved: G r a l a Seconded: Sputa Vote: Unanimous Meeting Date: 04/27/04 Resolution #: 0 4 / 7 0 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow to approve water rates for Fiscal Year 2004-2005 Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow confirms that the rates per cubic foot for water usage for fiscal year 2004-2005 remain as set effective June 1, 2003 and described below. TIERS RATE 0-500 cu. Ft. 501-6,000 cu. Ft. 6,001-20,000 cu. Ft. 20,000 and above $18.00 minimum $25.75 per 1,000 cu. Ft. $38 per 1,000 cu. Ft. $59 per 1,000 cu. Ft. Moved: Spota Seconded: D i F e l i c e voteiinanimous Meeting Date: 04/27/04 Resolution #: 0 4 / 7 1 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow to adopt the Capital Fund Budget for Fiscal Year 2004-2005 Be it Resolved, that the 2004-2005 Budget for the Capital Fund be adopted in the amount of $2,540,700. Said adoption being pursuant to the Provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for Villages and the Uniform System of Accounts as set forth in the Manuals issued by the Division of Municipal Affairs, Albany, New York Moved: p i F e l i c e Seconded: Murray Vote: HnanimniK: �066 i Meeting Date: 04/27/04 Resolution #: 0 4 / 7 2 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow ratifying the budged adopted by the Parking Authority Board for Fiscal Year 2004-2005 Be it Resolved, that the pursuant to approvals by the Parking Authority Board, the 2004-2005 Budget for the Parking Authority is herein ratified in the amount of $441,000.00. Said adoption being pursuant to the Provisions of Chapter 809 of the Laws of 1954 and the Budget Manuals for Villages and the Uniform System of Accounts as set forth in the Manuals issued by the Division of Municipal Affairs, Albany, New York. Moved: Murray I I Seconded:_7jeja Vote: Unanimous �067 i Resolution of the Board of Trustees of the Village of Sleepy Hollow Setting a Public Hearing Stormwater Management Plan Annual Report Whereas, as a component of the Village's adopted Stormwater Management Plan, the Mayor and Trustees of the Village of Sleepy Hollow prepare an annual report and receive input from the public as to performance measurements achieved, Now, Therefore, Be It Resolved that, the Village Board herein calls for a public hearing to be held on May 25 th , 2004 in the board room at Village Hall for the purpose of releasing said annual Stormwater management report and providing the opportunity for public comment on it. Moved by: Zie.ja , Seconded by: Qrala I Vote: Unanimous Resolution # , Date: April 27, 2004 04773/04 I �068 Meeting Date: 04/27/04 Resolution #: 04/74/04 v Resolution of the Board of Trustees of the Village of Sleepy Hollow to approve additional official depository of funds. Whereas as part of the yearly re-organization process held on Tuesday April 20, 2004, the Board of the Village of Sleepy Hollow approved several official depository of funds, and in the prior year, the Board of Trustees approved additional financial institutions as official depository of funds that were inadvertently omitted from the list. Now Therefore, be it resolved the Board of the Village of Sleepy Hollow hereby approves Hudson Valley Bank and Hudson United Bank to be added to the list of official depository of funds, and Be it Further Resolved, that, for the record, First Union Bank having merged with Wachovia Bank is officially know and recognized as Wachovia Bank, therefore, Wachovia Bank is also a recognized institution as an official depository of funds. Moved: Gral a Seconded: Spota Vote: Unanimous �Meeting Date: 04/27/04 Resolution //: 04/75/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow To Adopt a Procurement Policy WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are not required by law to be publicly bid, and WHEREAS, this policy has been in effect since February 11, 2003 and it is the recommendation of the Treasurer to adopt the policy without changes for remaining time of fiscal year 2003-2004 and fiscal year 2004-2005, at which time it will be reviewed for changes if necessary. RESOLVED, that the Village of Sleepy Hollow does hereby adopt the following procurement policy which is intended to apply to all goods and services which are not required by law to be publicly bid. Procurement Policy for the Village of Sleepy Hollow 1. Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonable be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law: Purchase contracts under 510,000 and public works contracts under S20,000; emergency purchases; certain municipal hospital purchases; items purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and county contracts; and surplus and second-hand purchases from other governmental entity. The individual making the purchase will document in writing that the purchase is not subject to competitive bidding. Such documentation may include written or verbal quotes from vendors, a memo form the purchaser indicating how the decision was made, a copy of the contract indicating the sources which makes the item or service exempt, a memo from the purchaser detailing the circumstances which let to an emergency purchase, or any other written documentation that is appropriate. 2. All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations, cr any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances: Purchase contracts over S10,000 and public works contracts over S20,000; goods purchased from agencies for the blind or severely handicapped pursuant to Section 175-b of the State Finance Law; goods purchased from correctional institutions pursuant to Section 186 of the Correction Law; purchases under State contract pursuant �to Section 104 of the General Municipal Law; or purchases pursuant to subdivision 6 (six) of this policy. 3. The following method of purchase will be used when required by this policy in order to achieve the highest savings: Estimated amount of Purchase Contract Method (Purchase Orders Required for Purchases Over S1,000) S O to S 999 S1,000 to S2,999 S3,000 to S10,000 Over S10,000 Department Manager Discretion (2) Verbal Quotations (3) Written/FAX Quotations or Written Request for Proposals (RFP) Purchase Requires Bidding Estimated amount of Public Works Contract Method (Purchase Orders Required for Purchases Over SI,000) SO to S 999 S1,000 to S2,999 S3,000 to S4,999 S5,000 to S20.000 Over S20,000 Department Manager Discretion (2) Verbal Quotations (2) Written/FAX Quotations (3) or More written/FAX Quotations or Written Request for Proposals (RFP) Purchase Requires Bidding A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall failure to obtain the proposals be a bar to the procurement. 4. Documentation is required for each action taken in connection with all procurement. 5. Documentation and explanation are required whenever a contract is awarded to other than the lowest responsible offeror. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstance. 6. Pursuant to General Municipal Law Section 104-b(2X0> tne procurement policy may contain circumstances when, or types of procurement for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will no be in the best interest of the municipality. In the following circumstances it may not be in the �best interest of the Village of Sleepy Hollow to solicit quotations to document the basis for not accepting the lowest bid: a. Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, or responsibility, skill, education, training, judgment, integrity, and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures. In determining whether a service fits into this category, the Village of Sleepy Hollow Board of Trustees shall take into consideration the following guidelines: a) whether the services are subject to State licensing or testing requirements; b) whether substantial formal education or training is a necessary prerequisite to the performance of the services; and c) whether the services require a personal relationship between the individuals and municipal officials. Profession or technical services shall include but not be limited to the following: services of a certified public accountant; investment management services; printing services involving extensive writing; editing or art work; management of municipality owned property; and computer software or programming services for customized programs, or services involved in substantial modification and customization of pre-packaged software. b. Emergency purchases pursuant to Section 103(4) of the General Municipal Law. Due to the nature of this exception, these goods and services must be purchased immediately and a delay in order to seek alternate proposals may threaten the life, health, safety and welfare of the residents. This section does not preclude alternate proposals if time permits. c. Purchases of surplus and second-hand goods from any source. If alternate proposals are required, the Village of Sleepy Hollow is precluded from purchasing surplus and second-hand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare process of used goods and a lower price may indicate an older product. d. Goods or services under SI,000. The time and documentation required to purchase through this policy may be more costly than the item itself and would therefore not be in the best interest of the taxpayer. In addition, it is not likely that such de minim contracts would be awarded based on favoritism. e. This policy shall go into effect immediately and will be reviewed annually. Moved: Spota Seconded:DiFelice Vote: Unanimous �072 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Acceptance Community Enhancement Facilities Assistance Program Grant Whereas, the Village of Sleepy Hollow has identified the purchase of a fire boat with support docking improvements as a priority community facility need and has been able to secure afiftythousand dollar ($50,000) grant through the State of New York Dormitory Authority to provide funding for this activity, Now, Therefore, Be It Resolved That the Board of Trustees of the Village of Sleepy Hollow does hereby authorize the Mayor to execute the attached grant agreement and to take other such steps as are necessary to effectuate the intent of this resolution. Moved: Pi Felice , Seconded: Murray Resolution # 04/76/04, Date: April 27th, 2004 , Vote: �073 i **- vi'/wt $}"£ £ Petition to allow Village of Sleepy Hollo meters to accept all coins The transition to quarters-only parking meters has negatively affected Sleepy Hollow Village residents and merchants alike. The meters are seen as a nuisance since no change machines are provided in conjunction with said meters, and village residents are forced to ask local merchants forthe correct coins. Merchants not only are bombarded by villagers trying to change bills for quarters, but are also seeing how potential customers either decide not to shop or are ticketed, all for not having correct change. This has also affected the senior citizen community directly as elder village residents that survive on small pensions find that having to continually dispense quarters for parking becomes very costly. I We propose that current parking meters be replaced by those that accept not just quarters, but nickels and dimes as well. Please sign below if you would like to play a part in replacing "Quarters-only" parking meters with those that accept all coins: 5"; Go Gi/A- f<//i e_ vJfhJL ,,s1&>*w ^ = 4 ^ ^ i < ^ ^ e ' / // / u ,r c 'u 4fLJPM fi/tVU,' MOW""- (r; f > c-" ^ . • & W"?;}^ |CH �074 i Signature: jO fi-A^h- n,s^j>s i, \AtAu1As0j I �I Petition to allow Village of Sleepy Hollow parking meters to accept all coins The transition to quarters-only parking meters has negatively affected Sleepy Hollow Village residents and merchants alike. The meters are seen as a nuisance since no change machines are provided in conjunction with said meters, and village residents are forced to ask local merchants for the correct coins. I Merchants not only are bombarded by villagers trying to change bills for quarters, but are also seeing how potential customers either decide not to shop or are ticketed, all for not having correct change. This has also affected the senior citizen community directly as elder village residents that survive on small pensions find that having to continually dispense quarters for parking becomes very costly. We propose that current parking meters be replaced by those that accept not just quarters, but nickels and dimes as well. Please sign below if you would like to play a part in replacing "Quarters-only" parking meters with those that accept all coins: Signature: Name: £-+k£.M«- /tMs°"i 3 /-'fasted- (f&XlQ* I JOLs-tjtf^ J UjMlsf-t^Ji^ �076 i Name: Signature: L^4s. A,,^-—•"• I �077 i Id,"ver <^ / Petition to allow Village of Sleepy Hollow parking meters to accept all coins The transition to quarters-only parking meters has negatively affected Sleepy Hollow Village residents and merchants alike. The meters are seen as a nuisance since no change machines are provided in conjunction with said meters, and village residents are forced to ask local merchants for the correct coins, Merchants not only are bombarded by villagers trying to change bills for quarters, but are also seeing how potential customers either decide not to shop or are ticketed, all for not having correct change. This has also affected the senior citizen community directly as elder village residents that survive on small pensions find that having to continually dispense quarters for parking becomes very costly/ i We propose that current parking meters be replaced by those that accept not just quarters, but nickels and dimes a^well. Please sign below if you would like to* play a part in replacing "Quarters-only" parking meters with those that accept all coins: Signature: Name: 0 / I KUKOI ^ /l , ^ , 27,/ / 5) .<?y**s H'l (- v / 0 ( ^ ' ^ J C * ^ — * - . <J >? �078 I Signature: Name: *r tf\fff\'e [hu^ • 3*-0\r(o£ M Figueiredc? <T •> 1/5 Art B/^z^ice /c^ (%^-*^fto^y^-<^ 4> ^ AiBie&eeO •fl �079 I Name: Signature: (^AJ^^^^ <> y / 2 J /V—v_>» 'O �080 i Name: Signature: r ? (7ft^Lo^, gu^r-^N ^ r J i U i e RosenoC& w\(m^ft*i fa-fete "^c& Wtr^ & ,3 • * A, ^/Icutuc l til/' yrfztrz^- wr •'•i-n *t»*f J r'-c t TV �c I Signatur Name: L A w ^ ^ ti^-fttl I' Qw;Lt SAIP-J �082 i Name: /KOl*-& £^r*^ Signature: Tf^ts <\<2~ (SWIM ?97< ifcC^W' (Ztfof \2? l(cf^- t M(lf^u.i I �083 i <£VJ ^ttition to allow Village of Sleepy Hollow parking meters to accept all coins The transition to quarters-only parking meters has negatively affected Sleepy Hollow Village residents and merchants alike. The meters are seen as a nuisance since no change machines are provided in conjunction with said meters, and village residents are forced to ask local merchants for the correct coins. Merchants not only are bombarded by villagers trying to change bilk for quarters, but are also seeing how potential customers either decide not to shop or are ticketed, all for not having correct change. This has also affected the senior citizen community directly as elder village residents that survive on small pensions find that having to continually dispense quarters for parking becomes very costly. I We propose that current parking meters be replaced by those that accept not just quarters, but nickefe and dimes as well. Please sign below if you would like to play a part in replacing "Quarters-only" parking meters with th<p* that accept all /COIDS: s" • •£ \P«^<7 lr jjT~) > < iX^Jr^S^ t**f9 • - — ) ' ^ ^ ^ �084 i Name: Robert" bUeJer • < - \ fhJW Ai o ?%W\ "~5 • >I/?A 01^*^*^ ActWhito »»»Kft«feffeess}ai!KakM«*iil>Ai!al^Ma-3a �085 I Name: to IfffyallMf^ K 4/ Waiter'gfiitv*'. i^-vsQ&^^-is^^^-i^A^^JA^^^*^ bmM^mttiS~mMiM,^Ba.a3ia^i �086 i Name: C-K ft/*t* S*A m%- tl Id its €/> ^ o. L^ / JLfiaU^1 * Mr. £*•* ' ^ �087 I Name: ^ V # - w <^vt^ y/y f!ct\e.(iT unfits Of j 6 £7^7 U ^cc^£^ »> j ^ / ^ w & r ? .©rvvCyO /5 -A ' u \ w^v J A / / \K^AiMt .w\ W 'cMC 0UWvuU( ZJM-4 ) X �088 i / 6 Petition to allow Village of Sleepy Hollow parking meters to accept all coins The transition to quarters-only parking meters has negatively affected Sleepy Hollow Village residents and merchants alike. The meters are seen as a nuisance since no change machines are provided in conjunction with said meters, and village residents are forced to ask local merchants for the correct coins. Merchants not only are bombarded by villagers trying to change bills for quarters, but are also seeing how potential customers either decide not to shop or are ticketed, all for not having correct change. This has also affected the senior citizen community directly as elder village residents that survive on small pensions find that having to continually dispense quarters for parking becomes very costly. I We propose that current parking meters be replaced by those that accept not just quarters, but nickels and dimes as well. Please sign below if you would like to play a part in replacing "Quarters-only* parking meters with those that accept all coins: fif^h^hi^ 5i<7*~> f^T JU^ Signature: It *1vX c IcAc^ fljZL r^^—«fc m I �089 i Petition to allow Village of Sleepy Hollow parking meters to accept all coins The transition to quarters-only parking meters has negatively affected Sleepy Hollow Village residents and merchants alike. The meters are seen as a nuisance since no change machines are provided in conjunction with said meters, and village residents are forced to ask local merchants for the correct coins. i Merchants not only are bombarded by villagers trying to change bills for quarters, but are also seeing how potential customers either decide not to shop or are ticketed, all for not having correct change. This has also affected the senior citizen community directly as elder village residents that survive on small pensions find that having to continually dispense quarters for parking becomes very costly. We propose that current parking meters be replaced by those that accept not just quarters, but nickels and dimes as well. Please sign below if you would like to play a part in replacing "Quarters-only" parking meters with those that accept all coins: Signature: 5>- D'Jt �090 I fmffiHf B^fBHHif^> : c?. Petition to allow Village of Sleepy Hollow parking meters to accept all coins The transition to quarters-only parking meters has negatively affected Sleepy Hollow Village residents and merchants alike. The meters are seen as a nuisance since no change machines are provided in conjunction with said meters, and village residents are forced to ask local merchants for the correct coins. Merchants not only are bombarded by villagers trying to change bills for quarters, but are also seeing how potential customers either decide not to shop or are ticketed, all for not having correct change. This has also affected the senior citizen community directly as elder village residents that survive on small pensions find that having to continually dispense quarters for parking becomes very costly. We propose that current parking meters be replaced by those that accept not just quarters, but nickels and dimes as well. Please sign below if you would like to play a part in replacing "Quarters-only" parking meters with those that accept ail coins: Name: r /• *'-\ ~1J A CAAJ, r. r Signature: y-m* MA. •1?l. '/?oSnj^, ^T-3e/°*^ /^W I �091 i Signature: Name: /2- 2^ /1 // Ifin y tfWf t> * fr&7^ G>^ it'fl1 <^^% JJ s > V-*Tft vy^vi^ )^£t$^ i) Lk (fc^. ) QxfH-E^Kjt CA^Mi-o j2-> =?" �092 I Name: .n Signature: S-Lk 'A^X/l y p Cj^O^n {fort^O/&TM&~ w-v~»- C VJ<r V S-^ WJ HomiOm^ '/> *1L./f I r\ -n / /y hh^ w&frWGtfiMto' fl 0 'n^&cj *•+ •—-s^c*».jf'ri-j ^^JK-assSPitS �093 I $f y Name: s J>° ^ Bor\',LV-^ LilaYclo <f~ fov(Xir o J o U b^tU. trtOjht c^ -*\ ^ I ttX^r- o 6/ U £•/«.- ^ J o ^ " ,^oV c% I 6# O ^ - /^A—4 r^ � 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-2004 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_2004-04-27 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/dad494cacc3ae03e43a48500c65cbfd5.pdf 0c68e0fe95b45336811c8e97d6913b98 PDF Text Text 094 i 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, May 11,2004 at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: i Mayor Philip E. Zegarelli (arrived 7:30 p.m.) Mario DiFelice Rich Zieja Kay Grala Jim Hart Andy Murray Richard Spota . Trustees Also Present: Dwight H. Douglas, Village Administrator Abe Zambrano, Treasurer Sean McCarthy, Village Architect At 7:20 p.m. on a motion of Trustee Zieja, seconded by Trustee Hart, the Mayor called the board into special session to and act on certain legislative matters. On a motion of Trustee Zieja, seconded by Trustee Murray and carried unanimously the Mayor's appointments to the Sleepy Hollow Ambulance Corp. were confirmed as follows: Ron Conners promoted to acting - 2nd Lieutenant Miguel Valle promoted to acting - 3 rd Lieutenant John Cockerill promoted to acting - Chief Driver During the special session, the attached resolutions R-l through R-5 were duly acted on as noted. On a motion of Trustee Murray, seconded by Trustee Zieja and subject to the review, and approval of the Mayor and Village Treasurer the warrant of May 11th, 2004 and any vouchers as consolidated in said warrant were unanimously approved. At 7:35 p.m., on a motion of Trustee Zieja, seconded by Trustee Grala, the Board went into executive session for the purpose of reviewing certain contractual compliance issues. At 7:55 p.m. on a motion of Trustee Spota, seconded by Trustee Hart and carried unanimously the board came out of executive session. At 8:10 p.m. on a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously, the special session meeting of the Board of Trustees was adjourned. Respectfully submitted, Dwight HrDouglas, Village Administrator �Meeting Date: 05/11/04 Resolution #: 05/77/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Scheduling a Public Hearing on Modifications to Village's Escrow Fee Ordinance WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) have proposed a review of certain modifications to the Village's escrow fee ordinance.; and WHEREAS, the Village Board feels that the proposed revisions are necessary in order to better protect the health, safety and general welfare of the citizens of Sleepy Hollow. NOW, THEREFORE, BE IT RESOLVED, thatthe Village Board does hereby schedule a public hearing on the proposed modifkations to the Village's escrow fee ordinance for June 15, 2004 at 8:00 PM at Village Hall, 28 Beekman Avenue/Sleepy Hollow, New York, 10591 so as to provide an opportunity for the public to be heard on this matter. Moved: Trustee Zieja Seconded: Trustee Grala Vote: Unanimous �096 Meeting Date: 05/11/04 Resolution: # 05/78/04 Resolution To Contract ABC Web Designers to Upgrade and Redesign the Website of the Village of Sleepy Hollow. Whereas, the Board of Trustees of the Village of Sleepy Hollow in its continuous effort to upgrade the Village's technology and to provide better services to its tax payers and residents, is desirous to upgrade the Village's Website, and Whereas, two proposals were received for said website upgrade and redesign, the Village Board, based on the proposals submitted, wishes to contract ABC Web Designers of P.O. Box 863, Sleepy Hollow, NY 10591 to perform such task. Now, Therefore, be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow authorizes the Mayor of the Village of Sleepy Hollow to sign a contract with ABC Web Designers to upgrade and redesign the Village's Website and to take other such steps as are necessary to effectuate the intent of this resolution. Moved by: Trustee Grala Seconded by: Trustee Hart Vote: 6-0 Abstained: Trustee DiFelice �097 I Resolution U 05/79/04 Meeting Date; 05/11/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow to reduce the amount appropriated for the TAN Payable account for fiscal year 2002-2003. Whereas, the Village Board of the Village of Sleepy Hollow adopted a budget for fiscal year 2002-2003 in the amount of S8,778,200 in April 2002 that included funding for payment of a Tax Anticipation Note (TAN), and Whereas, $280,000 was approved and appropriated to the TAN Principal & Interest Account for the payment of a Tax Anticipation Note (TAN) obtained in May 2002, and Whereas, of the $280,000 originally budgeted, $140,000 was determined to not be required for its budgeted purpose. Now, Therefore, be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow authorizes the reduction of the amount appropriated for the TAN Payable account (#A9720.7040) for fiscal year 2002-2003 from $280,000 to $140,000. Moved: Trustee Hart Seconded: Trustee Spota I Vote: Unanimous I! :W„ ^ - S S ^ ^ £ j ± ^ ^ ^ £ ^ i & e M ^ & ^ ^ S ^ I ^ I ^ a ^ K „ *?& -J 'S^Si -^-a -wens *" *• il.-s.iTl-ftS * £^*llit?%*^*&gzf*- �Meeting Date: May 11,2004 Resolution #: 0 5 / 8 0 / 0 4 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the following seasonal employees effective May 12,2004 in the Department of Public Works through to no later than Labor DayRobert ffigle 15 Holland Avenue Sleepy Hollow, NY SlO.OO/hr. Marc Corrado 95 Beekman Avenue Sleepy Hollow NY 10.00/hr. Charles Helwig 45 Gory Brook Road Sleepy Hollow NY 10.00/hr. Tyrell Carver 126 VaUey S t Sleepy Hollow, NY 10.00/hr. William Davis 142 N. Evarts Ave. Elmsford, NY 10.00/hr. Trustee Trustee Moved: Spota Seconded: D i F e l i c e Vote: Unanimous Meeting Date: 05/11/04 Resolution #: 0 5 / 8 1 / 0 4 Be it Resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Alison Weiss, 2 Terrace Close, Sleepy Hollow, New York as a seasonal employee at $10.00 per hour in the Administration offices effective the week of May 17,2004 through the end of August , 2 0 0 4 . Trustee Moved: D i F e l i c e Trustee Seconded: Murray Vote: Unanimous � 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-2004 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_2004-05-11 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/ea45a0ab43232826fcd96f8442e3ddd9.pdf 0d3db970e25bb2c8548b2eabea875924 PDF Text Text 099 i A regular meeting of the Board of Trustees was held on Tuesday, May 25, 2004 at 8 pin in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: [Mayor Philip Zegarelli Mario DiFeliee Richard Spota James Hart Richard Zieja Kay Brown Grala Andrew Murray Also Present: Trustees Abraham Zambrano, Village Treasurer Dwight Douglas, Village Administrator Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. i Trustee DiFeliee moved, seconded by Trustee Murray to come out of executive session where discussion took place on pending litigation, but no formal action was taken, motion carried. He asked that everybody remain standing for a moment of silence for Rev. Father Fiore w ho passed away recently in Italy after being a priest at the Immaculate Conception Church in Sleepy Hollow and Chief Warren's grandfather Steve Mathews who also passed away recently. Trustee Hart moved, seconded by Trustee Zieja to adjust the agenda, carried. Mayor Zegarelli commented that Steve Kahn, Lt. of the Ambulance Corp. and his wife Carol are moving to South Carolina. He commented that the village is very grateful for all the time he has given to the Ambulance Corp. and presented him with a Certificate of Appreciation and a Sole Effigy of the Village of Sleepy Hollow. Steve Kahn thanked everyone for their kindness. Approval of Minutes Trustee DiFeliee moved, seconded by Trustee Spota to approve the minutes of the April 20, 2004 Organization meeting, motion carried unanimously. i Trustee Spota moved, seconded by Trustee Hart to approve the minutes of April 20, 2004, Budget Hearing, motion carried unanimously. Trustee Hart moved, seconded by Trustee Grala to approve the minutes of April 27, 2004, motion carried. Trustee Grala moved, seconded by Trustee Zieja to approve the minutes of May 11, 2004, motion carried unanimously. i=aas.r*j dtt-jpasWiss** �100 Public Hearings Trustee Zieja read the attached public hearing notice regarding zoning ordinance amendments. Dave Smith summarized the proposed zoning ordinance amendments and commented that he is in the process of working on the revisions. There were no comments from the public. Trustee DiFelice moved, seconded by . Trustee Spota to adjourn the public hearing to accommodate comments for the next thirty (30) days, motion carried. Trustee Murray read the next public hearing notice regarding the review of the storm water management program. Village Administrator, Dwight Douglas, gave a brief summary on the proposal. There were no comments from the public. Trustee Murray moved to close the public hearing, seconded by Trustee DiFelice and carried. Approval of Warrants Trustee Hart moved, seconded by Trustee Grala to approve the warrant of May 25, 20004 and authorize the Treasurer to pay the bills, subject to review, approval and signature of the Mayor and Village Treasurer, motion carried unanimously. Total of the General Fund is $255,374.90, total of the Water Fund is S2522.80, total of the Capital fund is SI 13,433.05 and the Parking Authority total is $547.61. Mayor's Announcements Mayor Zegarelli commented that Route 9 paving is in the process of being done. He thanked Assemblyman Brodsky and Spano for all their help in getting the state to finally do this. The Mayor commented that we are very fortunate that our Public Works Department does our own paving of roads in the Village of Sleepy Hollow. The Mayor commented that the New York City Water Board announced that they will be increasing water charges from S542.36 per million gallons to S591.21 per million gallons. Mayor Zegarelli announced that the Westchester County Municipal Planning Federation will hold a Linkage Study dinner on July 1 st at the Mt. Kisco Country Club. Public Comments John Edwards asked the board to consider re-instating the name Quinn Street at the Lighthouse Landing and he also asked about the status of the zip code change. The Mayor commented that we can refer the street name suggestion to the Street Naming Committee and we have not forgotten about the zip code change. 2 �101 I Don Caetano commented on the proposed new business to open at the old Meinekee Muffler place at the corner of Lawrence and Broadway. There was a moratorium in 1993 regarding same use of property after one year. Frank Rey, Captain of the Auxiliary Police, commented that the Auxiliary Police was re-instated about five years ago but nothing is happening. We need re-direction and our function needs to be reviewed. There are many things we could do to help the village, such as be present in court, direct traffic, help at the parks, etc. The Mayor commented that he will set up a meeting with Mr. Rey and Trustee Spota and then he will meet with Police Chief separately. Trustee's Reports Trustee DiFelice read the attached Public Works Report. Trustee Spota reported that the Public Safety Committee met on Monday. I Sgt. Camp and Officers Bueti and D'Alessandro completed the Breath Analysis ReCertification Course. Chief Jimmy Warren completed the course on labor agreement negotiations. A letter was received from the Westchester County Commission on Law Enforcement thanking Chief Warren for attending the Memorial Day Services and Chief Warren commented that Officer Lombardi carried the United States flag that day. A letter was received thanking Lt. Campbell for his work on the Child ID service program. Trustees Hart, Zieja and Murray had no report. Trustee Grala reported that we have received 250 cable surveys and we are in the process of analyzing them. The Cable Consortium will be hiring a consultant to help us. She thanked Sunny McLean for her help. I Trustee Grala commented that the Library Board has had made budget cuts. She thanked Joe DeFeo for offering to help with fixing the steps at the Warner Library. Mayor's Report The Mayor received a memo from Sean McCarthy stating that he has given permission to Kendal to do additional work on Saturdays. A letter was sent to W.H. Mouiton regarding the Risk Control Survey. ^-..fc. ** ^ e ^ + u - i p r f ' i e ' t A ** ^pL^> t ^ ,'* ^ „ . - ^ ^ s ^ y y * ^ i* rJ^ r^6J^» i i l j | i a f e ' « ^ ^ �102 We have received turn off notices from Con Ed for 145 Cortlandt Street, 72 Beeknian Avenue and 7 Hudson Street. There have been a series of emergency shut downs at Phelps Memorial Hospital recently. The Mayor responded to a letter received from Michael Lapicki regarding police negotiations. The Mayor sent letters to several people thanking them for their contributions to the scholarship fund for needy families wanting to send children to day camp. We received a letter from Mr. Sutherland regarding the budget cut for TNT baseball. We will be moving the memorial plaque for Cathy Chulla to a better area at Devries Park. The Mayor was in receipt of letters from Mrs. Esteves and Mrs. Mathison regarding the new project being built behind their homes. The Mayor was in receipt of a letter from a resident regarding dogs biting people. The Mayor said he would speak to the Police Chief. Administrator's Report Dwight Douglas reported that with regard to Kingsland Point Park, the Count)' will be holding a pre-construction meeting this Wednesday. Dwight Douglas reported that Sean McCarthy has almost completed the preliminary drawings for the playground equipment for Kingsland Point Park. We will be receiving $600,000.00 funding for Barnhart Park from the County and State offices. Resolutions-Attached Public Comments A resident of 1 Riverside Drive complained about being harassed by the Police Department when she complained about the Police Department not doing anything to help her when there was a robbery at her home and her son was being harassed by another local boy. The Mayor commented that we will look into the matter. There being no further comments, Trustee DiFelice moved, seconded by Trustee Murray to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett-Village Clerk ^V^L£CL^ �103 i PH-' VHtooe of Sleepy HoHow Notice of Public Hearing I Please take notice, that the Board of Trustees of the ViHage of Sleepy Hollow wHI hold a Public Hearing on Tuesday, May 25,2004, at 8:00 P.M. In ViHage HaH, 28 Beekman Avenue, Sleepy HoHow, New York to consider proposed text amendments to the Village Code including revisions to Chapter 6-1 Architectural Review Board, Chapter 62-1 Artide I B Zoning, Chapter 62-28 Article Vm - Site Plan Review, Part IV of the Village Code Appendices - Subdivision Regulations, Chapter 62 Table 62-9.D-1 and selected revisions to Chapter 62 suggested by the General Code (together the "Code Revisions"). A copy of the proposed code revisions is available upon request at trie Office of the Village Oerk. All people are entitled to attend and be heard at this Pubfic Hearing. By Order of the Board of Trustees of the ViHage of Sleepy Hollow Angela Everett, Village Oerk Dated: May _£_, 2004 I : a ^ i " - i— .Sxwr**! j ** -*•*r »&*?* & - - ^ *"^ *-** "^ ^'^*^~^S2.*«t-*„£L r* s^Z*rA^^^^^^X^^^^b^^M^^^ �!€•« I AFFIDAVIT OF PUBLICATIOI from SMHWS £ k Journal Neuts >1SIE OFUSNYORK JOUNTY OF WESTC*£ST5? Ghantel Richardi NortneniAreB Race SbcnocDCK SnbOok CMHIIII duly sworn, says that heftne is the Nets, a newspaper pubisbed n t i e Coatyte£*jg£? Staeaf l ^ \ ^ and fe noire of which! putted copy; was publishedfathe left and oh ' i i on Hudson *»iLJL ' • Couapng £ 1 2 3 4 5 6 7 8 9 10 7 « n 12 13 14 15 16 I T • . 20 23 22 23 2* 25 26 27 2B 29 30 31 - _ 1 .•if,' - ron UBDDSnny **e S»«QkQU^ fWftA.^ Sworn to before me Area Conges rC% i& /4JU7& 3D. RICHARD O. ALIEN Notary Pubic, State of New York No. 01AL6086343 Quaffied in Westchester County Term Expires Jan. 21,2007 „-T^~ i ^ - s ^ v * = < > i i f e ^ j - ^ ^ ^adi«lalMHMIM <ml jflayof_j22i H *-E^6tj^K^rS^>iw*wl*^**^^ I M �l "•JD * I / , •• .• • f.ft "••A rrt- - / Notice of Public Hearing Village of Sleepy Hollow A Public Hearing on the Annual Report for the Village's Adopted Stormwater Management Plan will be held by the Board of Trustees on Tuesday, May 25th, 2004 at 8:00 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. All interested and concerned citizens are invited to attend said hearing and be heard. The Public Hearing is accessible to the handicapped. I By Order of the Board of Trustees Angela Everett, Village Clerk Dated: Af<xy P ^<a o ^ I r.*-cj~.x.i ;-*_* -ri-j5cr£ria»--''& �im • AFFIDAVIT OF PUBUCATION from £he Journal News STATE OF KOV YORK COUNTY OF wEsrc*esrrB* U a ^ L ^ — nan i Ghantel Richards Ossnwg Place PondRfcSge Ms )Oak ClUU^JtinU .being titfy sworn, says t a t hefcne is the principal dak of The Journal News, a newspaper pobisfaed in IheCauty of V s of New York, and tie nofce of which tie araaeed is a a s pupfebed n the newspaper nocated on i left and oh the i en YtarC^i VUey h •b 1 Fate Kisso 2 3 4 5 6 7 •o 20 23 22 23 at 25 8 9 tf 1 0 11 12 13 14 15 16 1 7 1 8 27 * 29 20 3t CBHHBSQR POtt *-JS& MixO <£u^ Gvwxn to before me Area this n y / day of JaLumuy rC% | CoM WCHARDO. A< ACM Notary Pubfc, State o= Maw York Ho. 01AL,;3&3343 Quained in Westchester County Term Expiree Jar.. 21,2007 • ; �1." r» PUBLIC WORKS REPORT MAY 24, 2004 NOTE!!!!!?! MONDAY, MAY 3 1 s ' IS A LEGAL HOLIDAY VILLAGE OFFICES WILL BE CLOSED. MONDAY'S GARBAGE WILL BE PICKED UP ON TUESDAY, TUESDAY'S GARBAGE WILL BE PICKED UP ON WEDNESAY, ALONG WITH RECYCLING!!!!! THURSDAY AND FRIDAY'S S PICKUP REMAINS THE SAME!!!!! Paving work lias begun. Our portion of County House Road was completed today. The other streets to be paved are Cedar Street, Pine Street, Tappan Avenue and N. Washington Street near the bank. We are completing the left over sidewalk program requests from previous years. Water meter reading has been completed. Tree trimming/removal is ongoing. �1*38 i ri V Meeting Date: 05/25/04 Resolution #=x 05/82/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the following people (see list below) as a seasonal employees in the Sleepy Hollow Community Outreach Program (SHCOP) of the Police Department effective May 10,2004 through September 11,2004 at the following hourly rates. ERNEST WASHINGTON CHIDIEBERE ANUFORO FRANKLIN MILLER JOSEPH INFANTE NICKY CUEVES JAMES WARREN MARCUS ATTAWAY ARTHUR REEVES CAROLINE MEJIAS SILVA COPAS THERESA CONNOLLY JOHNLAFARO LOUISE SHARROCK 126 VALLEY ST, SH 6C FRANKLIN CT. TT 126 VALLEY ST, SH 66 COLLEGE AVE, SH 84 BEEKMAN AVE, SH 66 COLLEGE AVE, SH 126 VALLEY ST, SH 100 COLLEGE, SH 144 BEEKMAN AV, SH 176 N WASHINGTON, SH 22WILDEY ST, TARRYTOWN 29PINECL.SH 79 COLLEGE AVE, SH $10.00 $10.00 $10.00 $10.00 $12.00 $15.00 $10.00 $11.00 $11.00 $11.50 $12.75 $12.50 $11.00 I Note: Not all of the above fisted people have started working, most of them will start in late June, and will finish the first weekend in September. Moved: Trustee Hart Seconded: Trustee Grala Vote: Unanimous I �1G9 i Meeting Date: 05/25/04 Resolution*: 05/83/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Setting Summer Meeting Dates 2004 i Be it resolved that the Board of Trustees of the Village of Sleepy Hollow hereby sets the following Summer Meeting Dates for 2004: Tuesday, June 15, Work Session Tuesday, June 22, Regular Session Tuesday, July 13, Work Session Tuesday, July 20, Regular Session Tuesday, August 10, Work Session Tuesday, August 17, Regular Session Tuesday, September 14, Work Session Tuesday, September 21, Regular Session Moved: Trustee DiFelicc ; Seconded: TrusteeSpota I J1",, ^ . ^ ^ L" _ <«>~^jS;r ^ ,-.- „ - V ^ ^ r f t f ^ ^ A - ^ j t f t ^ ^ • : vote: Unanimous �U6 Meeting Date: 05/25/04 Resolution #: 05/ 8 704 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Payment of Carryover Vacation Pay WHEREAS, the Mayor and Board of Trustees have received requests from a number of personnel to carryover accrued vacation leave or to be paid out for some portion of said leave through payroll. Now, Therefore, Be It Resolved that the vacation carryover request of thirteen (13) days submitted by Dwight Douglas is herein approved; and Be it Further Resolved that the requests submitted by Angela Everett, Joseph DeFeo and Richard Gross to receive cash payment for twenty (20) accrued vacation days are hereby approved. Moved: Trustee Spota Seconded: Trustee Vote: Unanimous �\i Meeting Date: May 25, 2004 Resolution #: 05/85/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow To Adopt an Investment Policy Whereas, General Municipal Law requires the governing body of every municipality to adopt an investment policy, and Whereas, this investment policy applies to all moneys and other financial resources available for investment on behalf of the Village of Sleepy Hollow, NY or on behalf of any other entity controlled by the Village of Sleepy Hollow, and Whereas, such investment policy is retroactively effective for fiscal year 20032004 and for fiscal year 2004-2005, and Whereas, it is the recommendation of the Village Treasurer that this policy be adopted for fiscal years 2003-2004 and 2004-2005, and reviewed on a yearly basis before re-adoption, every year thereafter. Now, Therefore, Be it resolved, that the Board of Trustees of the Village of Sleepy Hollow hereby adopts the following investment policy which is intended to be applied to all Village financial resources available for investment. Moved:Trustee S p o t a Seconded:Trustee G r a l a Vote: Unanimous �11 IrfV'EST'MTNrTOLICy yiLLAQ'E Of SLTTTy tfOLLCfW I. SCOTT This investment policy applies to all moneys and other financial resources available for investment on behalf of the Village of Sleepy Hollow, NY, or on behalf of any other entity controlled by the Village of Sleepy Hollow. II. OBWCirVTS The primary objectives of the local government's investment activities are, in priority order, o to conform with all applicable federal, state and other legal requirements (legal); o to adequately safeguard principal (safety); D to provide sufficient liquidity to meet all operating requirements (liquidity); and Q to obtain a reasonable rate of return (yield). III. 'DTLTGAtfOM OT JA'UTMmiTV The governing board's responsibility for administration of the investment program is delegated to the Village Treasurer (chief fiscal officer), who shall establish written procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a data base or records incorporating description and amounts of investments, transaction dates, and other relevant information and regulate the activities of subordinate employees. �/V. TH11T>TMCE All participants in the investment process shall seek to act responsibility as custodians of the public trust and shall avoid any transaction that might impair public confidence in the Village of Sleepy Hollow, NY to govern effectively. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. y. Ttiy'E'RSI'FICA.'rtON It is the policy of the Village of Sleepy Hollow, NY to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling. yi- I^TTRIHSAL CONTROLS It is the policy of the Village of Sleepy Hollow, NY for all moneys collected by any officer or employee of the Village to transfer those funds to the Village Treasurer within 5 days of receipt, or within the time period specified in law, whichever is shorter. The Village Treasurer is responsible for establishing and maintaining an internal control structure to provide reasonable, bat not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization and recorded properly, and are managed in compliance with applicable laws and regulations. �114 I yiL 'DTSIGMA'ZtONOT 'DTTOSI'I'CXRl'ES The banks and trust companies authorized for the deposit of monies up to the maximum amounts are: Depository Name Sleepy I Iollow Bank Wachovia (Former First Union Bank) The Bank of New York Hudson Valley Bank Fleet Bank Hudson United Bank Union State Bank yill. Maximum Amount 10:000,000.00 10,000,000.00 10,000,000.00 10,000,000.00 10,000,000.00 10,000,000.00 10,000,000.00 CO££A'IfE'RA£IZIMG OT VTTOSlTS In accordance with the provisions of General Municipal Law, §10, all deposits of the village of Sleepy Hollow, NY, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured: 1. By a pledge of "eligible securities" with an aggregate "market value" as provided by GML §10, equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy. 2. By an eligible "irrevocable letter of credit" issued by a qualified bank other than the bank with the deposits in favor of the government for a term not exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements. I �3. By an eligible surety bind payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims - paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. IX. SJATTXTTTIMG AMD COLLAttRALlZWriON Eligible securities used for t collateralizing deposits shall be held by the depositary and/or a third party bank or trust company subject to security and custodial agreements The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities. In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Village of Sleepy Hollow, NY or its custodial bank. The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing fro any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution or release of securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities. �116 I X. TTBJMJT'T'E'D IMV'ESI'MEDWS As authorized by General Municipal Law, §11. the Village of Sleepy Hollow, NY authorizes the Village Treasurer to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments: Q Special time deposit accounts; Q Certificates of deposit; Q Obligations of the United States of America; a Obligations guaranteed by agencies of the United States of America where I the payment of principal and interest are guaranteed by the United States of America; Q Obligations of the State of New York Q Obligations issued pursuant to LFL §24.00 or 25.00 (with approval of the State Comptroller by any municipality, school district corporation other than the Village of Sleepy Hollow, NY; Q Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments. a Certificates of Participation (COPs) issued pursuant to GML §109-b. Q Obligations of this local government, bat only with any moneys in a reserve fund established pursuant to GML §§6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-1,6-m, or 6-n. I �AH investment obligations shall be payable or redeemable at the option of the Village of Sleepy Hollow, NY within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Village of Sleepy Hollow, NY within two years of the date of purchase. XI. JAIlTtfORIZT'D TINAfMCISU. IJ^STllMlJOO^S AMD 'DXSM.'E'RS The Village of Sleepy Hollow, NY shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Village of Sleepy Hollow. Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The Village Treasurer is responsible for evaluating the financial position and maintaining a listing of proposed depositaries, trading partners and custodians. Such listing shall be evaluated at least annually. XII. VU'RCJtAS'E OT IJsTV'ES'nM'EWrs The Village Treasurer is authorized to contact for the purchase of investments: 1. Directly, including through a repurchase agreement, from an authorized trading partner. 2. By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion no. 88-46, and the specific program has been authorized by the governing board. �118 3. By utilizing an ongoing investment p r o g r a m with an authorized t r a d i n g partner pursuant to a contract authorized by the governing board. AH purchased obligations, unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Village of Sleepy Hollow, NY by the bank or trust company. Any obligations held in the custody of a bank or trust company shall be help pursuant to a written custodial agreement as described in General Municipal Law, §10. The custodial agreement shall provide that securities held by the bank or trusts company, as agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities. XIII. 'R'E'PWRatiAS'E AG'R'E'EM'EJWS Repurchase agreements are authorized subject to the following restrictions: • AH repurchase agreements must be entered into subject to a Master Repurchase Agreement. a Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers. • Obligations shall be limited to obligations of the United States of America and obligations guaranteed by agencies of the United States of America. • No substitution of securities will be allowed. • T h e custodian shall be a party other than the trading partner. �:; t . « 119 i fOR ltfV'ES'T'M'EMl''PO£ICy TtfT VILLAS Of S£TEP]J tfOLLCTW, SCHTDUCE i i of TiigmrE 3*y STCWRIUIS (i) Obligations issued or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States government sponsored corporation. (ii) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. (iii) Obligations partially insured or guaranteed by any agency of the United States of America, at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty. (iv) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation of such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys. (v) Obligations issued by states (other than New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. (vi) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. (vii) Obligations of counties, cities and other governmental entities of a state other than New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. (viii) Obligations of domestic corporations rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. (is) Any mortgage related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulator)7 agencies. (x) Commercial paper and bankers' acceptance issued by a bank, other than the Bank, rated in the highest short term category by at least one nationally recognized statistical rating organization and having maturities of not longer than 60 days from the date they are pledged. (xi) Zero coupon obligations of the United States government marketed as Treasury strips". �120 Meeting Date: 05/25/04 Resolution #: 0 5 / 8 6 / 0 4 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Antonio Guzzo, 2 Ridge Street, Sleepy Hollow, New York as a seasonal laborer in the Public Works Department effective May 17, 2004 through the end of August 2004 at an hourly salary of $10.00. Moved:Trustee Seconded: Trustee Zie J y0je.Unanimous �I Meeting Date: Resolution #: I 05/27/04 05/87/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Temporary Street Qosure Palmer Avenue Block Party WHEREAS, residents of Palmer Avenue haverequestedthat Palmer Avenue be dosed to traffic between Bell wood Avenue and Munroe Avenue for a block party. NOW, THEREFORE, BE IT RESOLVED that the Village Board herein authorizes said section of Palmer Avenue to be dosed on Sunday, June 20, 2004, from 3:00 p.m. to 8:30 p.m. The rain date will be Sunday, June 27, 2004. Moved: Trustee DlFelice : seconded: Trustee M u r r a y • Vote: Unanimous I L ^'-4n?-T *-&5r&i?>lJ'&£k �I Meeting Date: 05/25/04 Resolution #: 0 5 ^ 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow Regarding Appointment of Jennifer Miles to Board of Trustees of Warner Library WHEREAS, Patricia Ramsey has resigned her position as Chairperson of the Board of Trustees of the Warner Library on May 13, 2004 who was replaced by Carin Rubenstein; and WHEREAS, the Mayor has received a letter/dated May 19, 2004, from Carin Rubenstein recommending the appointment of Jennifer Mites, currently serving on the Fundraising Committee, to replace Patricia Ramsey. NOW, THEREFORE, BE K RESOLVED, that Jennifer Mites is appointed to the Board of Trustees of the Warner Library, effective immediately. Moved: Trustee s Pota Seconded: Trustee Hart Vote: Unanimous �_--i 12 Date: May 25, 2004 Resolution: 05/89/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow accepting Insurance Policy Renewal for the year June 1, 2004 through May 31, 2005 Whereas, that Village of Sleepy Hollow has received and reviewed a proposal for the renewal of Property, General Liability, Automotive, Crime, Public Officials Liability, Property, Boiler & Machinery and Blanket Accident insurance policies and an extended reporting period policy from W.H. Moulton Company, LLC of 701 Westchester Avenue, White Plains, New York 10604. Whereas, the terms, limits and coverage under the renewed policy will remain unchanged from the current policy and Whereas, the total cost of the policies proposed by W.H. Moulton Company, LLC is S 406,980 for the policy period beginning June 1, 2004 through May 31, 2005. Now, Therefore, be it resolved that the Village Board of the Village of Sleepy Hollow approves the insurance policy renewal and authorizes the Mayor of the Village of Sleepy Hollow to execute all documents necessary to carry out the intent of this resolution. iMoved by: Trustee sraia lT.us.tee Seconded by: Z i e j a , Vote: Unanimous �124 I Meeting Date: 05/25/04 Resolution #: 0 5 / 9 0 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Payment in Lieu of Health Benefits BE I T RESOLVED, that the Village Board authorizes the payment in lieu of health benefits for the fiscal year 2004/2005 as follows: Paul Hood Genette Toone Jimmy warren Larry Cassidy James Margotta Sonia Santiago Moved: T r u s t e e D i F e l i c e $4,924.92 $2,400.00 $4,924.92 $4,000.00 $1,200.00 $3,693.72 SecondedITVIISI-^ s p n f 3 I 'VoteMinaninniic I ^wi^-'v,^ -.^^-- ~ %*"rr j, ^ ^ r ^ ^ . a ^ ^ S S ^ ^ a ^ * ^ - ^ ^ �•> f I STATE OF NEW YORK ) )SS. COUNTY OF WESTCHESTER) AFFIDAVIT OF SERVICE BY UPS Kathleen Cook , being duly sworn, deposes and says", I am not a party to the action, am over 18 years of age and reside at 174 Jay Court, Cross River. NY 10518 . and am employed by Saccardi & Schiff, Inc. That on or about the 12th day of May. 2004,1 served a true copy of the Public Hearing Notice and Village of Sleepy Hollow Zoning Text and Code Amendments, upon: I Town of Mount Pleasant, Supervisor Village of Tarrytown, Mayor Town of Greenburgh, Supervisor Westchester County Planning Board, Gerald Mulligan, Commissioner by sending a true copy of same, enclosed properly in an addressed envelope, with UPS. a^jL Swom to before me this 25th day of May 2004 J0YY.FRANK NOTARY PUBLIC - STATE OF NEW YORK NO.02FR6049096 U M fi WMcneiu tony My ComfflMsh E**N KMO-3006 Notary Pubj/c I I I:\Forms New\Foims\affidavit of scrviccs\addidavit of service by UPS �126 Page 1 of 1 UPS Package Tracking I Home I About UPS | Contact UPS | welcome Center Tracking •^ Track by Tracking Number "> Ti2ck.fcy. Reference I My UPS A WorldShip Customer Address 1 HIHI Track by Tracking Number Number •^ Irnpoit Tracking numbers i •* Track by E-mail "^ Get Quantum View files' -> Request Quantum View rjoiify i -> Void a Shipment A "^tis'P UPS Supply Chain Solutions V i e w Tracking S u m m a r y To see a detailed report for each package, please select the "Detail" link. Tired of Re-Typing Tracking Numbers? Select "Save Tracking Nusr.bers" to easily track packages In the future. ( u j S a v e Tracking Numbers Tracking Number Status Delivery Information 1. 1Z 110 13E 13 4047 766 6 M Detail Delivered Delivered on: Delivered to: Signed by: Service Type: May 13, 2004 10:56 VALHALLA, NY, US JOHNSON NEXT DAY AIR SAV 2. 1Z 110 13E 13 4074 327 0 J 2 Detail Delivered Delivered on: Delivered to: Signed by: Service Type: May 13, 2004 1:55 TARRYTOWN, NY, BUZANSKJ NEXT DAY AIR SAV 3. 1Z 110 13E 13 4031 148 7 B l Detail Delivered Delivered on: Delivered to: Signed by: Service Type: May 13. 2004 12:36 WHITE PLAINS, NY, PURVIS NEXT DAY AIR SAV 4. 1Z 110 13E 13 4089 829 2 1 3 Detail Delivered Delivered on: Delivered to: Signed by: Service Type: May 13, 2004 10:28 WHITE PLAINS, NY, BROWN NEXT DAY AIR SAV I Tracking results provided by UPS: May 25, 2004 9:49 A.M. Eastern Time (USA) NOTICE: UPS authorizes you to use UPS tracking systems solely to track shipments tendered by or for you t delivery and for no cither purpose. Any other use of UPS tracking systems and information is strictly prohibite • Back to Top I CopyngM *> 1994-2004 Un ted Parcel Service of America, Inc. All rights reserved. https://w^^apps.ups.com/etrackingfarc^ 05/25/2004 �PICKUP SUMMARY BARCODE REPORT SHIP DATE: MAY 12, 2004 SHIPPING RECORD: 7920 1597 04 ACCOUNT NUMBER: 110-13E CUSTOMER SACCARDI & SCHIFF, INC. FLR4 STEA 445 HAMILTON AVE AVE WHITE PLAINS NY 10601-1807 91 110 13E 7920 15970 00004 1 DRIVER SUMMARY TOTAL NUMBER OF PACKAGES = 4 1DA 4 2DA 0 3DS 0 INTL CODS pkgsO/shptsO 0 SHIPMENTS SUBJECT TO TERMS OF AGREEMENT ON FILE Received By: Pickup Time: Pkgs: UOW 5.0.37 W L M r M 130.0* OV2HM �128 I Saccardi & Schiff, Inc. DAILY SHIPMENT DETAIL REPORT 05/12/04 05:49 PM Pickup Date: 05/12704 Pickup Record No.: 7920159 70 4 UPS Account No.: 11013 Sorted By:Order of SNpmn Name/Address Shipcpent Detail Ship To: Hoa Robert F. Meeftan, Supervisor Town of Mount Pleasant 1 Town Hall Plaza Valhafia NY 10595-1319 Service Type: Total Packages: Hundredweight: Billable Wt.: Billing Option: Package RefNo.1: Ship From: Kathy Cook Saccardi & Schiff, Inc. SUITE 404 445 HAMILTON AVE White Plains NY 10601-1807 Options UPS NEXT DAY AK SAVER Shipment Service Charge: 1 No LTR Prepaid M-720.16 1Z11013E1340477666 Tracking No.; UPS Letter Package Type: Package RefNo.1: M-720.16 Ship To: Paul Janos, Mayor Village of Tarrytown 21 Wildey Street TARRYTOWN NY 10591-3103 Ship From: Kathy Cook Saccardi & Schiff. Inc. SUITE 404 445 HAMILTON AVE White Plains NY 10601 -1807 Service Type: Total Packages: Hundredweight Billable W t : Billing Option: Package RefNo.1 : Service Type: Total Packages: Hundredweight Billable W t : Billing Option: Package RefNo.1: Package Service Charge: Shipper Amt: UPS Total Charge: 11.00 $ $ $ UPS NEXT 0AY Aft SAVER Shipment Service Charge: 1 No LTR Prepaid M-720.16 1Z11013E1340743270 Tracking No.: UPS Letter Package Type: Package RefNo.1: M-720.16 Ship To: Paul J. Feiner Town of Greenburgh TownHaH 177 Hillside Avenue White Plains NY 10607-1409 Reference Rate Charges Package Service Charge: Snipper Amt: UPS Total Charge: 11.00 11.00 11.00 11.00 I $ $ $ UPS NEXT DAY AR SAVER Shipment Service Charge: 1 No LTR Prepaid M-720.16 11.00 11.00 11.00 11.00 Ship From: Kathy Cook Saccardi & Schiff. inc. SUITE 404 4*5 HAMILTON AVE White Plains NY 10601 -1807 Tracking No.: 1Z11013E1340311487 Package Type: UPS Letter Package RefNo.1: M-720.16 Ship To: Gerald Mufigan, Commissioner Westchester County Planniig Board Mtchaefian Office Bidding 148 Marline Avenue White Plains NY 10601 Service Type: Total Packages: Hundredweight: BtebfeWt: BiSng Option: Package RefNo.1: Package Service Charge: Shipper A m t UPS Total Charge: $ $ $ UPS NEXT DAY AR SAVER Shipment Service Charge: 1 11.00 11.00 11.00 11.00 No LTR I Prepaid M-720.16 Ship From: Kathy Cook Saccardi & Schiff, Inc. SUITE 404 445 HAMILTON AVE White Plains NY 10601-1807 Tracking No.: 1Z11013E1340896292 Package Type: UPS Letter Package RefNo.1: M-720.16 Package Service Charge: SfvQjfjeT Ami: UPS Total Charge: Page 1 UPS OnLine WorldShip 5.0.37 winspool 1025 % $ $ 11.00 11 JO 11J0 �129 I Saccardi & Schiff, Inc. DAILY SHIPMENT DETAIL REPORT 05/12/04 05:49 PM Pickup Date: 05/12/04 Pickup Record No.: 7920159 70 4 UPS Account NOJ 110131 Sorted By:Onfer of SMpnwn Name/Address Shipment Detail Ship To: Paul Janos. Mayor Village of Tarrytown 21 WMey Street TARRYTOWN NY 10591-3103 Service Type: Total Packages: Hundredweight Billable WL: Billing Option: Package RefNo.1: Ship From: Kathy Cook Saccardi & Scruff, Inc. SUITE 404 445 HAMILTON AVE White Plains NY 10601-1807 Reference Rate Charges Options UPS NEXT DAY AIR 1 No LTR Prepaid M-720.16 Shipment Service Charge: 12.75 VOID Tracking No.: 1Z11013E0i40758652 Package Type: UPS Letter Package RefNo.1: M-720.16 Package Service Charge: Shipper Amt: UPS Total Charge: $ $ $ 12.75 12.75 12.75 Summary Totals: I hipment Option ackage Option Shpts Pkgs Ref Charges Billing Option Prepaid TOTAL CHARGES Pkgs Ref Charges 4 Shipment(s) 4Package(s) Shpts 4 Pkgs Ref Charges 4 * 44.00 * 44.00 1 Voided Shipments) 1 Voided Packages) I Page 2 ^*-S.£^%^Tt*j'>4.*iii£jS^ ^^^^*^.t'iuiii- *^?S^»>^^^«E^&^-'S^£££c^ �1 R e s o l u t i o n #: 05/91/04 BOND RESOLUTION, DATED MAY J ^ 2004, AUTHORIZING THE ISSUANCE OF UP TO $182,500 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE (I) THE ACQUISITION OF COMMUNICATION SYSTEMS, (II) THE ACQUISITION OF COMPUTER SYSTEMS, AND (HI) THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF HVAC IMPROVEMENTS, IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition of communication systems, (ii) the acquisition of computer systems, and (iii) the construction, reconstruction and acquisition of HVAC improvements, in and for the Village, including other preliminary and incidental costs, at a total cost not to exceed $182,500, in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $182,500, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated maximum cost of each item of such specific objects or purposes, the principal amount^ of serial bonds authorized herein for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: NcwYork/48487.1 �131 (a) The acquisition of communication systems for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $69,050 for which $69,050 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness often (10) years pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity often (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The acquisition of computer systems in and for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $106,300 for which $106,300 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to . - • ' . * subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity often (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (c) The construction, reconstruction and acquisition of HVAC improvements in and for the Village, together with applicable incidental and prelirrdnary costs in connection therewith, at an estimated maximum cost of $7,150 for which $7,500 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness often (10) years pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law (such building being of "Class A" construction as that term is defined in Section 11.00 of the Local 2 NewYork/48487.1 �Finance Law. Such serial bonds shall have a maximum maturity often (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $182,500; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the $182,500 proceeds of the serial bonds or bond anticipation notes authorized herein; (d) the maturity of the obligations authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the 3 NcwYorfc'454S7.1 �133 issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated. 4 NewYorio'4S4S7.1 �1 o7-!t I thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant I effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the I proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject NcwYork/4&487-l �135 the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 9. The Village hereby declares its intention to issue the obligatioas authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of any of the equipment financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any of the vehicles financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 6 NewYorl/48487.1 �sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 10. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the 7 NcwVork/48487.1 �137 I Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village H Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 11. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village, and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: Trustee Zieja Seconded: Trustee Murray Vote:Unanimous Roll Call Vote: Trustees Zieja, Grala, Murray,'Spota. Hart, & DiFelice and Mayor Zegarelli voted YES I 8 NewVorJ<7484g7.1 �1 R e s o l u t i o n #: 05/92/04 BOND RESOLUTION, DATED MAY J * L 2004, AUTHORIZING THE ISSUANCE OF UP TO $102,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF IMPROVEMENTS TO THE RESERVOIR IN AND FOR THE VDLLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the construction, reconstruction and acquisition of improvements to the reservoir in and for the Village, including other preliminary and incidental costs, at a total cost not to exceed $102,000, in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of"Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $102,000, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific object or purpose to be financed by the issuance of such serial bonds is the acquisition, construction and reconstruction of improvements to the reservoir in and for the Village (the "Project"). Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $102,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project except as set forth herein; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the SI02,000 proceeds of the serial bonds or bond anticipation notes authorized herein; (d) the maturity of the obligations authorized herein will be in excess of five (5) years; and (e) on or before the NewYork/4S4SS.l �133 expenditure of moneys to pay for any item within an object or purpose set forth herein for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize capital financing of such item. Section 4. It is hereby determined that the Project is a specific object or purpose described in subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is thirty (30) years. The serial bonds authorized herein shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds Section 5. Subject to the terms and conditions of this bond-resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Villag'e all serial bonds issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each 2 NcwYork/48488.1 -. . •• �J£ interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 6. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 7. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 8. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with_ all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating 3 NcwYork/484S8.1 �Ml to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of . the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other 4 NcwYoiV4g48S.l �I provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 10. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest o n such obligations or any other funds of the Village, and will not make any use of any of the equipment financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any of the vehicles financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the NcwYork'4S4SS.l 5 �<^1 O Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 11. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The 6 NcwYorfc'48488.1 �i-:-4 I Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining H whether a filing should be made. Section 12. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted andfiledwith the Village Clerk. Moved: Trustee DiFelice Seconded: Trustee Spota I 7 NewYoric/48488.1 Vote: Unanimous �m Resolution^: 05/93/04 BOND RESOLUTION, DATED MAY 2 5 , 2CMM, AUTHORIZING T H E ISSUANCE OF UP TO $43,600 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF BUILDING IMPROVEMENTS IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the construction,,/ reconstruction and acquisition of buildings improvements, including the ambulance carport. A lighthouse and the Village Hall roof and offices, in and for the Village, including other preliminary and incidental costs, at a total cost not to exceed $43,600, in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $43,600, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific object or purpose to be financed by the issuance of such serial bonds is the acquisition, construction and reconstruction of buildings improvements, including the ambulance carport, a lighthouse and the Village Hall roof and offices, in and for the Village (the "Project"). Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is S58,500; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project except as set forth herein; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the $43,600 NcwYork/4S490.1 �-t I proceeds of the serial bonds or bond anticipation notes authorized herein and (ii) SI5,750 in other available funds designated by the Village; (d) the maturity of the obligations authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose set forth herein for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize capital financing of such item. Section 4. It is hereby determined that the Project is a specific object or purpose described in subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law and H that the period of probable usefulness of the Project is twenty-five (25) years (such buildings being of "Class A" construction as that term is defined in Section 11.00 of the Local Finance Law). The serial bonds authorized herein shall have a maximum maturity of twenty-five (25) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds Section 5. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents I of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued 2 NewYorit/4S490.1 It (\ �13? pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 6. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 7. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 8. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions 3 KcwYork/45490.1 �prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except 4 N:wYorU4S490.l �14d for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 10. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of any of the equipment financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any of the vehicles financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative rninimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect 5 NewYort'4&4901 �notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 11. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provitie or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and* termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph 6 NewYoTk/4S490.1 �i D and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to'rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 12. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: Trustee Spota Seconded: 7 NcwYork/48490.1 Trustee Hart Vote: Unanimous �1 I **£, Resolution # 05/94/04 BOND RESOLUTION, DATED MAY 2 5 , 2004, AUTHORIZING THE ISSUANCE OF UP TO $153,800 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE (I) THE ACQUISITION OF FIRE-FIGHTING APPARATUS AND (II) THE ACQUISITION OF A TRAFFIC SIGNAL SYSTEM, IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition of fire- I fighting apparatus and (ii) the acquisition of a traffic signal system, in and for the Village, including other preliminary and incidental costs, at a total cost not to exceed $153,800, in accordance with the r Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: * Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $153,800, pursuant to the Ix>cal Finance Law, in order to finance costs of the specific obj ects or purposes hereinafter described. Section 2. The specific objects or purposes or class of objects 'ox purposes to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated maximum cost of each item of such specific objects or purposes, the principal amount of serial bonds authorized I herein for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition of fire-fighting apparatus for the Vil'age, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of Nc*York/4S4S4.1 "^'^^^"-""•^iSta&sSiwetf �153 5148,300 for which $148,300 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The acquisition of a traffic signal system for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $5,500 for which S5,500 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $153,800; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from Hie $153,800 proceeds of the serial bonds or bond anticipation notes authorized herein; (d) the maturity of the obligations authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of 2 NcwYork/484S4.1 �* r. *m i obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize capitalfinancingof such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the i power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued i pursuant to this bond resolution as the same shall become due. NcwYorfcM84S4.1 �155 Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after th'e date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with" all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. 4 NcwVoric/48484.1 It is hereby �determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxatipn under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. 5 N£wYoA/4M84.1 �15? Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of any of the equipment financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986,-as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any of the vehicles financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative rninimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 10. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to 6 NewYork/4&4S4.1 �the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are" approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified 7 NewYork/4S484.1 �I independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 11. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: Trustee Hart Seconded: Trustee Grala Vote: Unanimous I I NewY<Hkft$4S4.1 » 4 * i » i t . ^ K ^ ^ ^ _* ^ ^^^r-*^^^^^^^^*^^ �R e s o l u t i o n #: 05/95/04 BOND RESOLUTION, DATED MAY J ^ L 2004, AUTHORIZING THE ISSUANCE OF UP TO $992,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE (I) THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE AND (II) THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF VARIOUS PARK IMPROVEMENTS, IN AND FOR THE VDLLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition of machinery and apparatus for construction and maintenance and (ii) the construction, reconstruction and acquisition of various park improvements, in and for the Village, including other preliminary and incidental costs, at a total cost not to exceed $992,000, in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $992,000, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated maximum cost of each item of such specific objects or purposes, the principal amount of serial bonds authorized herein for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: NcwYork/4S4S5.I �161 (a) The acquisition of machinery and apparatus for construction and maintenance for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of S746,000 for which 5746,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The construction, reconstruction and acquisition of various park improvements in and for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $246,000 for which 5906,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is 5992,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the 5992,000 proceeds of the serial bonds or bond anticipation notes authorized herein and (ii) other designated funds of the Village; (d) the maturity of the obligations authorized herein will be in excess of five (5\ years; and (e) on or before 2 NcwYork/4S4S5.1 �the expenditure of moneys to pay for any item within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes * in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, self and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. 3 NewYotV4S4S5.1 �no Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. 4 NcwYork/W85.t It is hereby �(* determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. 5 NewYoric'4WS5.1 A �I Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of any of the equipment financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any of the I vehicles financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 10. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to 6 NewYork/4$485.1 I �- 1 the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and-termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified 7 Nr*York/4S4S5.1 �1S1 I independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether afilingshould be made. Section 11. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: Trustee Grala Seconded: I Trustee Zieja Vote: Unanimous I NewYork/4&485.1 •;^^l.i^%%;:^«:^»i«K-:t--!J^'^.-.3« , :i=: ^^^J^^^k^ik^fs^^^^^^^^^^^^^^^^A^^^^^^^ �Resolution #: 05/96/04 BOND RESOLUTION, DATED MAY ? s , 2004, AUTHORIZING THE ISSUANCE O F UP TO $719,100 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK; PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF SEWER IMPROVEMENTS IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the construction, reconstruction and acquisition of sewer improvements in and for the Village, including other preliminary and incidental costs, at a total cost not to exceed $719,100, in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $719,100, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific object or purpose to be financed by the issuance of such serial bonds is the acquisition, construction and reconstruction of sewer improvements in and for the Village (the "Project"). Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $819,100; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project except as set forth herein; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the $719,100 proceeds of the serial bonds or bond anticipation notes authorized herein and (ii) $100,000 in other available funds designated by the Village; (d) the maturity of the obligations NcwYork/484S9.1 �4»-3U authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose set forth herein for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize capital financing of such item. Section 4. It is hereby determined that the Project is a specific object or purpose described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is forty (40) years. The serial bonds authorized herein shall have a maximum maturity of forty (40) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds Section 5. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each 2 NcwYcrt/4S4S9.1 �interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 6. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 7. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution and of bond anticipation notes issued in anticipation of the, sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 8. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating 3 NcwYoric/4&489.1 �171 to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other 4 NcwYork/4S4S9.1 �.* provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 10. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of any of the equipment financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any of the vehicles financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the 5 Nr»-YoA/4S4S9.1 �173 Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 11. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The 6 NcwYoifc'4S489.1 �1 *'M I Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village I Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. . Section 12. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: Trustee Zieja Seconded: Trustee Murray Vote: UNanimous I NcwYork/48489.1 "^USa*-- ^ 3 ^ S » S S S & 3 * V ^ i £ 4 & ^ i J 4 ^ ^ �375 Resolution #05/97/04 I BOND RESOLUTION, DATED MAY 9S . 2004, AUTHORIZING THE ISSUANCE OF UP TO $446,200 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE (I) THE ACQUISITION OF VILLAGE VEHICLES, (H) THE ACQUISITION | OF EQUIPMENT FOR PRESERVATION OF PUBLIC RECORDS, (III) THE ACQUISITION OF VARIOUS POLICE, OFFICE AND TECHNICAL EQUIPMENT, (IV) THE ACQUISITION OF SOFT BODY ARMOR, (V) THE ACQUISITION OF AMBULANCE EQUIPMENT, ALL FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (r) the acquisition of Village Vehicles, (ii) the acquisition of equipment for preservation of public records, (iii) the acquisition of I various police, office and technical equipment, (iv) the acquisition of soft body armor and (v) the acquisition of ambulance equipment, all for the Village, including other preliminary and incidental costs, at a total cost not to exceed $446,200, in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $446,200, pursuant to the Local* Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated maximum cost of each item of such specific objects or purposes, the principal amount*of serial bonds authorized herein for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: NewYorV/48491.1 I �(a) The acquisition of Village vehicles for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $134,200 for which 5134,200 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a.maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The acquisition of equipment for the preservation of public records for the Village, together with applicable incidental and preliminary costs in connection, therewith, at an estimated maximum cost of $96,900 for which $96,900 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 72 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier.of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (c) The acquisition of various police, office and technical equipment for the Village, together with applicable incidental and preliminary costs in connection-therewith, at an estimated maximum cost of $171,300 for which $171,300 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier-of (a) the date of the first 2 NewYoik/48491.1 �-: n 7 issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (d) The acquisition of soft body armor for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of 533,600 for which S33,600 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 86(a) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (e) The acquisition ambulance equipment for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $10,200 for which $10,200 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 27-a of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a*maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $446,200; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond anticipation notes authorized herein; (d) the maturity of the obligations authorized herein will not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item 3 Nr*YorJc/4849I.l �JV8 I within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents H of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged I for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. 4 New York/48491.1 •--^ - 5 - ' ^ > 3 ^ ^ r S j i ^ ^ S j �T 79 Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. 5 NcwYorfc'48491.1 It is hereby �determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. 6 NewYodc/4S491.1 �181 Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of any of the equipment financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any of the vehicles financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 10. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this bond resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to 7 Nr*Yoric/4S491.I �the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified 8 NewYwJc/4S49I.l �100 I 0 0 I independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 11. This bond resolution will take effect upon its adoption by the Board of Trustees of the Village. Moved: Trustee Murray Seconded: Trustee DiFelice Vote: Unanimou^ I 9 NcwYoft/4849I.l � 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-2004 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_2004-05-25 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/a46085f730ee236f4be4ab13975c6447.pdf 3bb943a2d5940f32c2b950393602920d PDF Text Text I 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 15, 2004 at 6:30 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: I Mayor Philip E. Zegarelli Mario DiFelice Rich Zieja Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Bob Ponzini, Village Counsel Joel Sachs, Special Counsel Dave Smith, Planning Consultant Tony Capicotto, Engineering Consultant Chief Warren Sean McCarthy, Village Architect At 6:30 p.m. on a motion of Trustee Zieja, seconded by Trustee Grala, the Mayor called the board into executive session for the purpose of reviewing litigation matters, potential land acquisition negotiations, and personnel. On a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously at 8:10 p.m. the Board came out of executive session. No action was taken during the executive session. The board then went through its work session agenda. At 9:30 p.m. The Mayor called the Board into special session to hold two public hearings and act on certain legislative matters. Public Hearing #1 - continuation of hearing on certain zoning and related ordinance amendments. The hearing was opened. No one from the public spoke on the matter. On a motion of Trustee Grala, seconded by Trustee Zieja and carried unanimously the Public Hearing was adjourned until July 20th to allow time for the Planning Board to issue its report. Public Hearing #2 - Escrow fee ordinance amendments. The attached legal notice was read into the record. The hearing was opened. No one from the public spoke on the matter. On a motion on Trustee DiFelice, seconded by Trustee Spota and carried unanimously the public hearing was closed. �\J3 I During the special session, the attached resolutions R-l through R-4 were duly acted on as noted. At 9:50 p.m. on a motion of Trustee Zieja, seconded by Trustee DiFelice and carried unanimously, the special session meeting of the Board of Trustees was adjourned. Respectfully submitted, #^k- Dwight r n Douglas, Village Administrator I I •>- n ^ k b i - y .fflj-JT i t f M i a tfuts V.^"?-i-fci -£*- "-* •"=*="•*•-fewi-*-*. ^ i - ^ C a t t ^ i-u i £ j f t * * t e s a i * s ^ ^ S ^ | ^ ^ ^ l * & * ^ ^ ^ ^ ^ ^ �1 C. r^ I Meeting Date: 06/15/04 Resolution*: 0 6 / 9 8 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow Setting Public Hearing on Cross Connection Penalties WHEREAS, the Mayor and Board of Trustees have reviewed the proposed changes t o Chapter 59-12 of the Genera! Code of the Village of Sleepy Hollow regarding Cross Connection Penalties. NOW, THEREFORE, IT IS RESOLVED that the Mayor and Board of Trustees herein set a public hearing for July 13,2004 at 8:00 p.m. to be held at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York at which time any resident of the Village of Sleepy Hollow is entitled to be heard upon said proposed local law. I Moved: Trustee Spota Seconded: Trustee Grala Vote: Unanimous �I Meeting Date: 06/15/04 Resolution*: 0 6 / 9 9 / 0 4 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Payment of Carryover Vacation Pay WHEREAS, the Mayor and Board of Trustees have received requests from a number of personnel to carryover accrued vacation leave from 2003/04 fiscal year to 2004/05 fiscal year. Now, Therefore, Be It Resolved that the vacation carryover requests submitted by Sonja Goldstein-Suss for two (2) days, Rae Lee for seven (7) days, Rafael Bencosme for three (3) days, and Cielo Canda for four (4) days are herein approved. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous I I > j=.fj£e— *Jhr *„? £-*,%&£ T&XE • *&si?*&3T?-# 3* J>4F*^4^A>&*J&&j«&&i:&n J** -*l&Ul*:-£* 3a *4rifeJi^fej5i&S-.s ,**•" ^ . " M - r T r t f - ^ T m ^ �« Meeting Date: 06/15/04 Resolution #: 06/100/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the following seasonal employees in the Administration offices through no later than Labor Day 2004 at an hourly salary of $10. per hour. Jason Pear 8 Shaw Highway, Cortlandt Manor, NY Ricardo Lima 5 Maple Street Yonkers, NY Be it further resolved that the Board of Trustees confirms the Mayor's authorization of additional hours for Suzanne Caccamise, 68 Howard Street, Sleepy Hollow, NY as a seasonal employee to work in the Recreation Department on Thursday and Friday mornings at an hourly salary of S13. per hour. Moved: Trustee Grala Seconded: Trustee Zieja Vote: Unanimous VJ'O �SS3 I Meeting Date: June 15,2004 Resolution #: 06/101/04 Be it Resolved that the Board of Trustees herein accepts the resignation of Abraham Zambrano as Treasurer and Deputy Administrator of the Village of Sleepy Hollow effective June 16,2004 (letter attached) and wishes Abe well in his future endeavors, and Be It Further Resolved That The Board of Trustees herein ratifies the Mayor's appointment of the Village Administrator, D wight Douglas, as Acting Treasurer effective June 17,2004. Moved by : Trustee Zieja, seconded by: Trustee DiFelice, Vote: unanimous I I � 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-2004 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_2004-06-15 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/1561ea6a79325d6c319abb563bcf50c3.pdf 2c130a800a8e3e603f7a72e2bf152fff PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, June 22, 2004 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli James Hart Richard Spota Mario DiFelice Kay Brown Grala Richard Zieja Andrew Murray Trustees Also Present: Robert Ponzini, Village Attorney Dwight Douglas, Village Administrator Mayor Zegarelli stated that there was an Executive Session to discuss litigation but no action was taken during executive session. Trustee DiFelice moved, seconded by Trustee Murray to move out of executive session, motion carried. Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. Approval of Minutes Trustee DiFelice moved, seconded by Trustee Spota to approve the minutes of May 25, 2004, motion carried unanimously. Trustee Spota moved, seconded by Trustee Hart to approve the minutes of June 15, 2004, motion carried unanimously. Approval of Warrants Trustee Hart moved, seconded by Trustee Grala to approve the warrant of June 22,2004 which includes some bills from the 2003-2004 budget year and authorize the Acting Treasurer to pay the bills, subject to the review, approval, and signatures of the Mayor and the Acting Treasurer, motion carried unanimously. Total of the General fund 5349,264.56, total of the Water fund is S9,69337, total of Capital fund is $234,114.52 and total of the Parking Authority fund is $2,884.49. Before the Mayor read his announcements, Officer Harris, a Reservist in the Navy presented the Mayor with an award thanking him for allowing Officer Harris to perform his duties as a reservist, commenting that Mayor Zegarelli is a very patient employer. Mayor's Announcements Mayor Zegarelli commented that we have ordered new street signs for Philipse Manor and Webber Park area. We are in receipt of a memo from Filomena Fallacaro that she will be on vacation this week and Lee Verdi will be Deputy Registrar. We received a letter from Robert Anello, Chairman of the Zoning Board regarding 172 Valley Street. �191 We are in receipt of correspondence from the NYS Power Authority that Con Ed is considering a rate increase. We are in receipt of a letter of thanks from a resident of Dell Street thanking the Department of Public Works for cleaning up the brook behind their house. A letter was received from Carmela Montello Hudson River Valley Greenway thanking the Mayor for his speech at Playland regarding the GM development. We are in receipt of a letter from Folchetti & Associates regarding the settlement of their account. The Mayor was in receipt of a letter from a resident from Elm Street regarding a situation that happened at Sykes Park. We are in receipt of a letter from the County of Westchester that they will be arranging to have the pools of water sprayed for the West Nile virus. We received a letter from Supt. Smith of the Public Schools of Tarrytowns regarding the extension of our tree planting program. We received a letter from Al Hefessey of the State on various accounting issues. We received a thank you letter from the Veterans of New York Guard regarding the help they received in setting up for their ceremony. We received correspondence from Saccardi & Schiff regarding new Croton Aqueduct inspection. Memo was received regarding coverage in the Recreation Department office. We have received several letters regarding various paper streets in the village. Ginsburg Development has donated money to the village for the purchase of flowers to be planted in the village. We are awaiting comments on the final Kendal on Hudson EDA. Mayor Zegarelli commented that the attorneys for both villages are working on an agreement with judge's blessing wherein Tarrytown will agree to do various items that we have suggested in the form of environmental studies regarding the Tarrytown Asphalt Plant and we will withhold our lawsuit until that work is done. There has been correspondence back and forth with TNT Baseball regarding their request for additional money. We have sent a letter to NYS Department of Parks & Recreation Historic Preservation regarding the pending work and upgrades at the Philipse Manor Station. �The Mayor commented that we have discussed with Spectrum their project on County House Road that they cannot get their certificate of occupancy until all the road and other work is completed Public Comments Len Andrews presented the board with the attached letter. Gail Alexander of 126 Valley Street spoke on behalf of the residents living there. They are concerned over the increase in the parking permits for that lot. She also commented that the residents of Margotta Courts would like the meters removed on Valley Street so residents could park there. The Mayor commented that Ken Gentile had spoken to him with regard to giving the lot back to Margotta Courts and the Mayor had no problem with that and as far as the meters, they were put there so that commuters would not park there to take the train. Mr. Galella and Mr. Caetano both commented that meters should be removed and wondered how much revenue the meters generated for the village. Lenny Rutigliano, the owner of an auto body shop, complained about the garbage fee that has been added to his tax bills. Antonio Rodriguez, Rocco Minella, Eli Samaras, Chris Rezza of Greene County and a resident on Webber Avenue also complained about the garbage fee. The Mayor commented that other villages have these garbage fees. Mayor Zegarelli commented that the board will review the matter and correct it if we need to and we will waive the penalty on the garbage surcharge till the end of July until a decision is made. There being no further comments from the public, Trustee Hart moved, seconded by Trustee Grala to call for a 5 minute recess, carried. Trustee Reports Trustee DiFelice read the attached Public Works Report. Trustee Spota reported that Officer D'Alessandro successfully completed forty hours of training on higher risk control tactics, Chief Warren attended seminar on police litigation and claim awards strategies, Officer Hennessey completed standard sobriety testing course, Officer Benitez was commended by the Westchester County District Attorney's office for his outstanding accomplishments in investigations resulting in many arrests and commendation for Detective Quinoy on his recent work resulting in arrest of someone having relations with day care students. Trustees Hart, Grala, Murray and Zieja had no reports. Resolutions-Attached �193 Communications, Petitions & Requests Village Clerk read correspondence from Alcoholic Beverage Control informing the village that the premises at 86 Beekman Avenue and Sushi Raku have applied for an on premise liquor license, Paraiso Costeno Restaurant Corp. at 175 Valley Street and the YAI Corporation at 188 Cortlandt Street have applied for the renewal of their liquor license. (Copies to Police Chief) There being no further business, Trustee DiFelice moved, seconded by Trustee Murray to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett Village Clerk 4 �•J %./ I I Public Works Report June 22, 2004 PLEASE NOTE !!!!!! I M O N D A Y ; J U L Y s. 2004 V I L L A G E O F F I C E S W I L L B E C L O S E D I N OBSERVANCE OF INDEPENDENCE DAY WHICH IS A LEGAL HOLIDAY!!!! MONDDAY'S GARBAGE PICK UP WILL TAKE PLACE ON TUESDAY, TUESDAY'S PICK UP WILL BE ON WEDNESDAY ALONG WITH RECYCLING. THE REST OF THE WEEK STAYS THE SAME. WE HAVE PAVED COUNTY HOUSE ROAD, PINE STREET, PINE CLOSE, TAPPAN AVENUE, SECTION OF WASHINGTON STREET AND CEDAR STREET. WE WILL BE RE-IMBURSED FROM THE STATE FOR THE COST OF THE PAVING UNDER THE CHIPS PROGRAM. THERE IS PLENTY OF MULCH AND WOOD CHIPS AT THE VILLAGE GARAGE AT THE GM SITE. VILLAGE RESIDENTS CAN TAKE THESE FREE OF CHARGE. HYDRANT FLUSHING IS NEARING COMPLETION. TREE PRUNING/REMOVAL IS UNGOING. I - „<•.— - a ; •*)• Hj-Jlt P . i _ s , « £ .&r-. r sfr--'—>atTi— Z'£X-~ K _|!-J,J,». . . . ^J^^S^^^^J^k^'ii^^^-A^ijcS^i^tAiidli^^^AMiaj&SlS^ll^^^ �Leonard D. A n d r e w Attorney at Law II Pokahoe Drive Sleepy Hollow, New York 10591 (914) 631-6530 Fax 332-4321 andrewl@attglobal.net June 22, 2004 Board of Trustees Village of Sleepy Hollow 28 Beekman Ave. Sleepy Hollow, NY 10591 Dear Members of the Board of Trustees: Yesterday, I obtained the draft minutes of the ARB meeting of May 26 during which the application to build houses on both sides of the Fremont house was approved with certain conditions. Although I have made a written request for the resolution referred to in these minutes, it has not been available to me or other residents of Sleepy Hollow. However, I believe the approval granted at the May 26th meeting, given after notification to the applicant but not the affected residents, is misguided, fundamentally flawed and should be reconsidered by the Board of Trustees. Although the stated conditions, particularly the reorientation of the Pokahoe house and the 10-foot buffer, are helpful in minimizing the impact of the proposed houses, scale remains the main issue. The houses remain substantially dissimilar in size from the houses in the area. My many letters have shown that the proposed houses are at least 60% larger than the average house in the area and are on smaller lots. Although the ARB refers to "floor area ratio," its condition for the Hemlock house is not expressed as a ratio of floor area to lot size. Using the applicant's incorrect and incomplete data, the average F A R of the houses in the area is .1763. The F.A.R. for the Hemlock house would be .298 or 69% larger than average; for Pokahoe .277 or 57% larger than average. If the ARB intended to refer to habitable space, the average is 2.998 sq. ft. The Hemlock house at 4,754 sq. ft. is 59% larger than average and the Pokahoe house at 4,720 sq. ft. is 57% larger. The condition of 4,500 sq. ft. for the Hemlock house is a 5.34% reduction in size, and it remains 50% larger than the average. The ARB did not address some additional concerns that I and other residents have expressed. There are no other houses in Sleepy Hollow Manor that have three car garages, and no house has four exposed stories as does the proposed house on Pokahoe. No landscaping plan to preserve as many of the old-growth trees as possible was required. I am also concerned about an apparent conflict of interest. Three of the members of the ARB who voted to approve the application (Stever, Scahman and Fina) are individually named defendants in litigation brought by the applicant and the owner of the �oo I land on which the houses are to be built. I have the highest regard for all of these public officials, who have served the Village admirably for years. However, in this instance, they had a direct, personal and material benefit in approving the application as a means of resolving that litigation, and it appears that they should have recused themselves from acting on it. See Village Code Sections 6-2.C and 19-4; Section. 800 et seq., NY General Municipal Law. Since the ARB would be unable to reach a quorum of disinterested members, the Board of Trustees should take jurisdiction as the lead agency. 1 would also point out that the Planning Board at its November 20, 2003, meeting retained jurisdiction over the Pokahoe site. Its requirement that a wetlands protection plan be approved has not been fulfilled by the applicant. The ARB should not have acted on this application at all, since it does not conform in all respects with the necessary approvals from the Planning Board. See Village Code Section 6-4.C. i I understand the Village's desire to avoid incurring attorney's fees and other costs, but there is no reason for the Village to be intimidated by the Kennedy/Trent litigation. There was a substantial basis for the ARB's decision to reconsider its approval at its November 24, 2003, meeting. The e-mails prior to that meeting did not violate the Open Meetings Law and no violation was alleged. The damage claim can be dismissed on the basis of the recent Court of Appeals decisions regarding Home Depot. Bower Assoc, v. Town of Pleasant Valley et al.; Nos. 49 and 50, May 13, 2004. Any settlement should be on terms based upon the Village's strong legal arguments and its residents' desire to preserve this beautiful area. The distinctive character of Sleepy Hollow Manor is based on the general uniformity in the scale of homes located on similarly sized lots. The potential for tearing down existing homes and replacing them with substantially larger homes, or building large additions to existing homes, threatens the appearance of the Manor, and would cause significant adverse impact on the character of the neighborhood and have an adverse impact on quality of life for its residents. The ARB's approval invites such overdevelopment. Sincerely, I cc: Hon. Phillip Zegarelli Donald Stever, Esq., Chair, Architectural Review Board Members of the ARB Nicholas Robinson, Esq., Chair, Planning Board Members of the Planning Board Brad Schwartz, Esq., Zarin & Steinmetz LLC �w I Meeting Date: Resolution #: 06/22/04 06/102/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Philipse Manor Improvement Association & Sleepy Hollow Manor Association Parade & Picnic WHEREAS, the Boards of Directors of the Philipse Manor Improvement Association and Sleepy Hollow Manor Association have requested permission to hold their annual 4 th of July Parade and Picnic on Saturday, July 3, 2004 with a rain date of Monday, July 5, 2004 to begin at 10:00 a.m. on Bellwood Avenue at Highland/ proceeding along Bellwood Avenue and Route 9 and ending at Peabody ReW. NOW, THEREFORE, BE j f RESOLVED that the Mayor"and Village Board herein grants approval to the Philipse Manor Improvement Association and Sleepy Hollow Manor Association to hold their annual 4 * o f July Parade and Picnicoh Saturday; July 3, 2004 with a rain date of Monday, July 5, 2004 to begin at 10:00 a.m. on Bellwood Avenue at Highland, proceeding along Bellwood Avenue and Route 9 and ending at Peabody Field. Moved: Trustee Grala; Seconded: Trustee Zieja; Vote: Unanimous �IDS i Meeting Date: Resolution #: 06/22/04 06/103/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Use of Rev.'John Sykes Memorial Park WHEREAS, the Foster Memorial A.M.E. Zion Church has requested approval to hold its first "Community Outreach Day" on Saturday, August 14, 2004, at Reverend John Sykes Memorial Park to begin at 10:00 a.m. and end at approximately 10:30 p.m.; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Village Board herein authorizes the use of Reverend John Sykes Park by Foster Memorial A.M.E. Zkxi Church to hold its first "Community Outreach Day" on Saturday, August 4, 2004, to begin at 10:00 a.m. and end at approximately 10:30 p.m. Moved: Trustee Zieja; Seconded: Trustee Murray; Vote: Unanimous �109 Meeting Date: Resolution #: 06/22/04 06/104/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Immaculate Conception Church Bazaar WHEREAS, the Immaculate Conception Church will be holding a Bazaar oh the nights of August 12,13,14 and 15 from 6:00 p.m.'until time allowed by Village Festival Ordinance; and WHEREAS, the Church is requesting permission to dose Depeyster Street between North Broadway and North Washington Street; and WHEREAS, the Church is requesting the placement of three trailers to contain merchandise booths on the south side of Depeyster Street adjacent to the Church for the duration of the event. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Village Board herein grants approval to the Immaculate Conception Church to hold its Bazaar on the nights of August 12, 13,14 and 15 beginning at 6:00 p.m.; approval to dose Depeyster Street between North Broadway and North Washington Street during the Bazaar hours; and approval to place three trailers on south side of Depeyster Street adjacent to the Church for the duration of the event. Moved: Trustee Murray; Seconded: Trustee DiFeJice; Vote: Unanimous �»"> I Meeting Date: Resolution #: 06/22/04 06/105/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Naming the County House Road Scenic Lookout I WHEREAS, the Mayor and Board of Trustees have received a report and recommendation from tiie Street Name Committee identifying three (3) possible names for the new overtook at County House Road as follows: Sleepy Hollow Lookout, Kykutt Overtook and Patriot's Watch. NOW, THEREFORE, be it resolved that the Board of Trustees herein names the scenic overtook at County House Road "Patriot's Watch". Moved: Trustee DiFelice; Seconded: Trustee Spota; Vote: Unanimous �201 I Meeting Date: Resolution #: 06/22/04 06/iotf04 RESOLUTION FOR A PUBLIC HEARING TO AMEND CHAPTER 52 OF THE GENERAL CODE OF THE VILLAGE OF SLEEPY HOLLOW ENTITLED "TAXICABS\ WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") has regulated and continues to regulate Taxicabs pursuant to Chapter 52 of its General Code, and WHEREAS, Sleepy Hollow has requested its Chief of Police to review that local law and provide recommendations to improve its application and enforcement, and WHEREAS, Sleepy Hollow is in receipt of those recommendations and a public hearing is required to consider their adoption, NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow calls for a public hearing to be held on July 20, 2004 at 8:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to consider the proposed modifications of Chapter 52 Taxicabs" including but not limited to, the increase in taxicab rates and the modification of taxicab zones. Moved: T r u s t e e Spota Seconded: Trustee H a r t Vpte^Unanimous �Meeting Date: 06/22/04 Resolution #: O6/107/04 Resolution for a Public Hearing to Adopt a Local Law entitled "Cable Communications Regulatory Local Law". WHEREAS the Village of Sleepy Hollow finds that the development of cable television and communications systems has the potential of having great benefit and impact upon the people of the Village of Sleepy Hollow, and WHEREAS, because of the complex and rapidly changing technology associated with cable television, the Village further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the Village or such persons as the Village shall designate, and WHEREAS, it is the intent of the Village to adopt this local law and subsequent amendments to provide for and specify the means to attain the best possible public interest and public purpose in these matters and to include any franchise issued pursuant to this local law as an integral part thereof, an WHEREAS, it is further recognized that cable communications systems have the capacity to provide not only entertainment and information services to the Village's residents but can provide a variety of broadband, interactive communications services to institutions and individuals, including Village departments and other public institutions providing governmental, educational or health care communications, NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow calls for a public hearing to be held on July 20,2004 at 8:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to consider this proposed local law entitled "Cable Communications Regulatory Local Law". The underlying goals of this local law will be to insure that communications services will be provided to the maximum number of people; that the system will be capable of accommodating both the present and reasonably foreseeable future communications needs of the Village; that the system be improved and upgraded during the franchise terms so that the new facilities necessary for the operation of the system shaii be integrated to the maximum extent possible with the existing facilities as specified in the franchise and that the communications system authorized by this local law shall be responsive to the needs and interests of the local community and shall provide the widest possible diversity of information sources and services to the public. Moved: Trustee Hart Seconded: Trustee Grala Vote: Unanimous �I Meeting Date: 06/22/04 Resolution*: 06/108/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Filing of Application for Funds from NYSDOS Horan's Landing Expansion BE IT RESOLVED, that Philip E. Zegarelii, as Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for funds from the New York State Department of State in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of Clean Water/Clean Air Bond Act in an amount not to exceed $300,000, and upon approval of said request, to enter into arid execute a project agreement with the State of New York for such financial assistance to the Village of Sleepy Hollow for the Ichabod's Landing Esplanade Park project. Moved: Trustee Grala Seconded: Trustee zieja Vote: Unanimous I I, Angela Everett, Clerk of the Village of Sleepy Hollow, New York, does hereby certify that the above resolution was adopted at a regular meeting of the Board of Trustees held on June -22 -, 2004, and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect Dated: June 2 5 , 2004 Sleepy Hollow, New York A n g ^ Everett, Village CJerk SEAL I �Meeting Date: 06/22/04 Resolution #: 06/109/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Filing of Application for Funds from NYS Office of Parks, Recreation and Historic Preservation Horan's Landing Expansion BE IT RESOLVED, that Philip E. Zegarelli, as Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservationi in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $350,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Sleepy Hollow for the Ichabod's Landing Esplanade park project arid, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Moved: Trustee Zieja Seconded: Trustee Murray Vote: Unanimous I, Angela Everett, Clerk of the Village of Sleepy Hollow, New York, does hereby certify that the above resolution was adopted at a regular meeting of the Board of Trustees held on June 22, 2004, and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect Dated: d^rx^^S Sleepy Hollow, New York 2 ^ Ang^fe Everett, Village Oerk SEAL �205 I Meeting Date: 06/22/04 Resolution #: 06/110/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Filing of Application for Funds from the County of Westchester Koran's Landing Expansion BE IT RESOLVED, that Philip E. Zegarelli, as Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for funds from the Countyof Westchester for funding in an amount up to $950,000 to assist with the expansion and improvement of Horan's Landing and the development of a Riverwalk Trail segment, and upon approval of said request, to enter into and execute a project agreement with the County of Westchester for suchfinancialassistance to the Village of Sleepy Hollow. Moved: Trustee Murray Seconded: Trustee DiFdice I Vote: Unanimous I, Angela Everett, CJerk of the Village of Sleepy Hollow, New York/does hereby certify that the above resblutioh was adoptedat a regular meeting of the Board of Trustees held on June 22-. 2004, and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect. Dated: ^ 1 ^ 5 ^ 0 0 ^ Sleepy Hollow, New York O^-v^^gy^sAtfL.Angeji Everett, village Clerk SEAL I «r^£fefeft>rJMS*fe»^>^iS^^ �2 I Meeting Date: 06/22/04 Resolution #: 06/111/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Confirming 2004 Day Camp Seasonal Employees I I BE IT RESOLVED that the Board of Trustees does hereby confirm the Mayor's appointment of the seasonal employees (shown on the attached) for the 2004 Sleepy Hollow Day Camps which will be held from July 6 to August 13, 2004. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous �i07 Day Camp Staff 2004 A 1 NAME: 2 TONYA DIMMIE-ASST. DIREC 3 TEDDY DIMMIE GYM 4 DAIKENIA GERMAN- GYM 5 WENDY BRAND-TOT 6 FRANKADAMS 7 CLAIRE BALLANTYNE- SWIM 8 JESSIE BRAZIL 9 SUZANNE CACCAMISE -ART 10 YVONNE DIMMIE-NURSE 11 JASON DOERR 12 DAVID JACOBSEN 13 PETER KREAMER-DIRECTOR 14 HARRINGTON LEDESMA 15 ELIZABETH LEMA 16 ALERFY MARTINEZ-TOT 17 LAUREN GREEN 18 LAUREN OCCHIPINTI-TOT 19 ROSE PICHARDO-TOT DIRECT 20 MARY GRACE YU 21 TREVOR JENKINS 22 GARY HARGROVE 23 AMBERLY MORTON-DRAMA 24 PATRICIA WASHBURN-ASST. 25 ANA OCASIO RIOS-COMPUTER 26 MICHAEL O'KEEFE-TOT 27 SARAH STUDLEY 28 EVELYN STOECKLEIN-TOT 29 CHRISTINA BUCCI-TOT 30 BRIDGET LILLIS-DRAMA 31 ARLINE CASTRO 32 MOSHE COHEN 33 TSVI COHEN 34 HEATHER LIVIDINI 35 STEPHANIE LIVIDINI 36 KRISTA JACOBSEN 37 GEORGE YOSIFiDES 38 FABIOLA VERA 39 PAIGE VALLO 40 NICHOLAS ROWLANDS 41 OSKARIANE RODRIGUEZ 42 ADAM VENTURINI 43 DIANA VILLA 44 CHRIS GARDELLA 45 THOMAS KISS 46 MARYBETH HICKOX-HOWARD 47 ALLISON DEPAOLO - ART 48 LEAH BERNABEI-TOT 49 NICOLE JELENEK-TOT 50 JENNIFER KOSILLA-TOT C ADDRESS D E SOCIAL SEC SALARY $16.50HOURLY $12.50 HOURLY $12.50HOURLY $12.50HOURLY $8.50HOURLY $28.50HOURLY $12.50HOURLY $13.50HOURLY S17.50HOURLY $9.00HOURLY $9.00HOURLY $775.00HOURLY $12.50HOURLY $9.00HOURLY $8.75HOURLY $11.50HOURLY $7.75HOURLY $500.00WEEKLY $10.50HOURLY $7.75HOURLY $9.00HOURLY $10.50HOURLY $15.00HOURLY $12.50HOURLY $7.25 HOURLY $7.25 HOURLY $7.25 HOURLY $10.00 HOURLY $8.25 HOURLY $7.75HOURLY $10.00HOURLY $7.25HOURLY $7.25HOURLY $10.50HOURLY $7.25HOURLY $10.50HOURLY $10.50HOURLY $7.25HOURLY $7.25HOURLY $7.75HOURLY $7.25HOURLY $7.75HOURLY $7.25HOURLY $7.25HOURLY $10.00HOURLY $8.50HOURLY $7.25HOURLY $7.25HOURLY $7.25HOURLY �208 I Day Camp Staff 2004 • I 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 • • • • - - ' A *.-,>.-*i-.- C CHRiS PICHARDO-TOT MICHAEL COLETTI-TOT MARIA MARTELO-TOT SHIVAUN DUGAN-TOT IASHIA EPHRAIM-TOT MIGUEL CASIANO MELISSA ZEKUS D $7.25HOURLY $7.25HOURLY 57.25HOURLY $7.25HOURLY $7.25HOURLY $10.50HOURLY 57.25HOURLY E • • . - . : - • , . . . - . : . . - . . . I ,&^:iw.;-Jtf* ,Asw3ii!fi^?afc<.*a sti^ttu. « i j^feteit^*sfoka-#**«•*# L -f-- "-** *•*--a**»J£3£^^j^.s^«5*^^^'^^*£as^3afes^^^^bfe^es^M^I �I Meeting Date: Resolution #: 6/22/04 06/112/04 Be it Resolved that the Board of Trustees does hereby approve annual salary increases for the following full time employees not covered under union contract: Angela Everett, Village ClerkSonja Goldstein-Suss, Dep. Clerk Cielo Canola, Int/Acct. Clerk Genette Toone, Dep. Treasurer Rae Lee, Office Asst/financial $62,595* $55,703 $35,794 $50,319 $34,756 to to to to to $66,905 $59,792 $39,136 $54,206 $38,059 Said new salaries to take effect as of June 1,2004 I •includes $1000 longevity Moved by: Trustee Spota , Seconded by: Trustee Hart , Vote: Unanimous I JC-OfeAj.fe-^j. h-t \ '••n^i vaX-vat'ii. «%%rf^hJitt^i4*«i«;t!&si»Ha»!sif»e»* '•^aSrm^s^^^^S^^^'i^l^2i<fir^S»si^Bt^ �Meeting Date: Resolution #; 06fl£/04 06/113/04 Resolution adopting a local law amending Chapter 19B of the General Code of the Village of Sleepy Hollow __ WHEREAS, a public hearing was held on June 15, 2004 to consider adopting a local law to amend Chapter 19B of the General Code of the Village of Sleepy Hollow "Fees", and WHEREAS, the public was provided the opportunity to be heard, and WHEREAS, the Village of Sleepy Hollow believes that these fee increases will provide for the professional and orderly review of construction projects within its Village, NOW THEREFORE BE IT RESOLVED, that this local law is adopted amending and increasing the fees provided for in Chapter 19B of the General Code of the Village of Sleepy Hollow. This local law shall become effective upon filing with the Secretary of State. Moved: Trustee Hart Seconded: Trustee Grala Vote: Unanimous �211 Meeting Date: 06/22/04 Resolution #: 06/11404 Resolution approving execution of the Extension and Assignment of the License Agreement for Guided Kayak and Canoe Tours for Kingsiand Park for the period of 5/15/04 through 10/31/04. WHEREAS a license agreement was executed between the County of Westchester ("County) and Hudson River Recreation, LLC ("HRR") on or about May 14, 2003 to provide for a Guided Kayak and Canoe Tours Concession at Kingsiand Point Park, and WHEREAS, that license agreement covered the period from 05/15/03 through 10/31/03, and WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") by agreement with the County has assumed operational control of Kingsiand Point Park, and WHEREAS, Sleepy Hollow and HRR desire to continue providing Gujded Kayak and Canoe tours on the same terms and conditions as provided for in the license agreement with the County, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees authorizes the Mayor to execute an extension and assignment of the License Agreement between Sleepy Hollow and HRR to provide Guided Kayak and Canoe tours for the period of May 15,2004 through October 31, 2004 on those same terms and conditions as provided for in the County Agreement of the immediate preceding year. Moved: Trustee Grala Seconded: Trustee Zieia Vote: UmuvimnnQ �212 I Meeting Date: Resolution #: 06/22/04 06/115/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Distribution of Revaluation RFP I WHEREAS, the Village Assessor, Robert Babg, has prepared a draft request for proposals for revaluation services; and WHEREAS, said draft has been reviewed and found acceptable by Village Counsel. NOW, THEREFORE, be it resolved that the vijlage Administrator is authorized to solicit proposals from qualified individuals and firms for the revaluation of all Village property. Moved: Trustee Zieja; Seconded: Trustee Murray; Vote: Unanimous I , .. r j^"is>,-»jii> -»„te, t^8>«s» stktorai c£sa£«£*WP&.5b&u£Mla££iaitf££&Si>i �213 Meeting Date: Resolution #: 06/22/04 06/116/04 Resolution Approving and Authorizing Execution of Contract for Adjusting Services with Gallagher-Bassett Services Inc. for 6/01/Q4-6/01/05 WHEREAS the Village of Sleepy Hollow requires the retention of loss adjustment services to effectively operate its loss prevention program and administer its insurance claims adjustment, and WHEREAS, these services have been provided in a satisfactory manner by Gallagher-Bassett Services in the past several years, and WHEREAS, Gallagher-Bassett Services; Inc has submitted a contract to continue these service for the year 6/01/04-6/01/05 in the amount of $35,146,' and WHEREAS, the Village finds it is in its best interests to continue these services, NOW THEREFORE BE IT RESOLVED, that the Mayor is authorized to execute a contract for adjusting services with Gallagher-Bassett Service Inc, for the term of 6/01/04-6701/05 in the amount of $35,146. Moved: T r u s t e e Murray SeCOnded'.Trustee Pi-Felice Voteffnanimous �Meeting Date: Resolution*: 06/22/04 06/117/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow settling the cause of action entitled "Rosa M. Ribeiro vs. Village of Sleepy Hollow et al, Supreme Court of the State of New York, Westchester County, Index No 02/05067 WHEREAS, Rose Ribeiro commenced an action for personal injuries against the Village of Sleepy Hollow for injuries suffered in an automobile accident after a collision with a village sanitation truck on July 31, 2001, and WHEREAS, this action has been investigated, adjusted and defended by our adjusters and attorney, and WHEREAS, it is their recommendation that this matter be settled in the amount of $35,000, and WHEREAS, after due deliberation the Board of Trustees believes it is in the best interests of the Village to settle this matter for the amount recommended, NOW THEREFORE BE IT RESOLVED, that this matter is settled for the agreed upon amount of $36,000 and that payment be made in that amount in a check payable to Rosa M. Ribeiro and John M. Voetsch, as attorney. BE IT FURTHER RESOLVED, that payment is contingent upon receipt a general release and stipulation of discontinuance with prejudice in favor of all of the defendants herein. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous �215 I Meeting Date: Resolution #: 06/22/04 06/118/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Waiving Penalty on Commercial Garbage Surcharge WHEREAS, the Village of Sleepy Hollow "Village"enacted afocallaw providing for the collectiori of a commercial garbage surcharge on Non-Homestead rxoperbes; and WHEREAS, after hearing public comment that such commercial garbage surcharge is excessive and disproportionate; and WHEREAS, the Village may wish to reconsider such surcharge and, in its discretion, amend it. NOW, THEREFORE, BE IT RESOLVED that the penalty period for non payment of the commercial garbage surcharge is extended until Jury 31, 2004 or until such further time as Village, byresolution or focal law, direct. Moved: Trustee Spota; Seconded: Trustee Hart; Vote: Unanimous � 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-2004 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_2004-06-22 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/49d2fd7353160215e1d3a4e2dcc7df07.pdf 7b6f4831e2165668734b14e6a78efbaf 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, July 13, 2004 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 Rich Zieja Andrew Murray Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Bob Ponzini, Village Counsel Joel Sachs, Special Counsel Dave Smith, Planning Consultant Dolph Rotfeki, Engineering Consultant Sean McCarthy, Village Architect At 9:05 p.m. The Mayor called the Board into special session to hold two public hearings and act on certain legislative matters. Public Hearing #1 - continuation of hearing on certain zoning and related ordinance amendments. The hearing was opened. No one from the public spoke on the matter. On a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously the Public Hearing was held over until September 21st to provide additional time for the Planning Board to issue its report. Public Hearing #2 - Cross Connection ordinance amendments. The attached legal notice was read into the record. The hearing was opened. No one from the public spoke on the matter. On a motion on Trustee Zieja, seconded by Trustee Murray and carried unanimously the public hearing was closed. Mayor Zegarelli read into the record the appointment of members to the Police, Fire, Ambulance and Safety Evaluation Committee as attached. On a motion of Trustee Murray, seconded by Trustee DiFelice and carried unanimously the Mayor's appointments were ratified. During the special session, the attached resolutions R-l through R-4 were duly acted on as noted. At 9:45 p.m. on a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously, the special session meeting of the Board of Trustees was adjourned. At 9:50 p.m. on a motion of Trustee Spota seconded by Trustee Grala. tlie board entered into executive session for the purpose of reviewing personnel matters. On a motion of �217 I Trustee DiFelice, seconded by Trustee Spota and carried unanimously at 10:35 p.m. the Board came out of executive session. No action was taken during the executive session and the meeting was adjourned. Respectfully i Dwight H. Douglas, Village Administrator I I ->-a.-iu.' S i , S,-i-i* S*iJ=fe3i �213 I AFFIDAVIT OF PUBLICATION from (The Journal >fcu>s SlAl'bOFIgMyYOftK cautrrr OF wEsrrci-esTB* Nocltesn Area Jbeng " ^ jpfeASE . - T - . - « - -r«i-c aI TARE urrnr? NOTICE that that a Pond Ridge s Cotmy of Westchester an! •*W>fcc>anneaffig3isa SnffKJPCJk Icnlhe ShrobOafc , SocattiSaeffi left and on fte ^SS^Sg««^2g; jcpy, ^ g b ; » - * £ 3 « 2. In a d d ^ t o a r ^ o d w panjfcj i^cy" ^ p « i o n 7 f i r n i or c o W » » ttley CddSpng 2 1 die Vaaoa of S f c e j * ™ " * , " S mSrtSDOn and » > » * ! " , , i I S i 5 3 ^ < f c * » » a W l b a subject >Od«>faio>-9 potatoes: • »lwidta»rde- 2D k IcW J5DBJJ0 looedwr " • * 1 iwmfr- wm *' I Son far * bactfoai dawa nabon of aafer SBMBL r ~ ?J' - S c FsSuro to submit to a fariif5 DOH 10t3. « J u d u W h t fatrf I as dial herequiredfram torn t o . I fine, a t e tawi inrtaiWwn - a'. Id. n a « « ( o n t o * a m * ! t e s t / W) ionnDOH 1013.01 well « ) » ,1K farm M a l M b a n q a n d h u e t j ^ Itimeto BBC : a Sne of *K»lflJc,'vasjK 30 oayspast tf» sapastioa)-. a fire of S50OB0 akar BO dag; past die sxpinfion of fce lapaltj of die |—wou» f a r , a few 0S1MOUO after 30 days pan *••• oujEianoo of ihe report of th» previous year tognher wjtti trf? nan anon of service ;*_- 7-"-* vV The panon, finn or I far wet* sen die party luajiiaiili far « « , aayon of famaj QOH II VRdnm M n v of any m»po*ea»i bSty by Stoat parian.feeVMaoj^ crf5taef*Holrwa*a9»aMtfar*; (oMer notice to si peno**. Swan to a»iai&aaaaiafaaaMa^jah»iiMwiaa^i^•*m?rj ^^. tdanaBBaf IjeDBr *)*• .MARj*g*rrsSte;}rK B,Onlerof*s* Notary P u b ^ j . Qualified i n w S S ^ CotTin i SS ion Expires July 31,2005 30 �Zt9 * I At the Work Session of the Board of Trustees held on July 14, 2004/ Mayor Philip E. Zegarelli appointed the following persons to the Police, Fire, Ambulance and Safety Evaluation Committee (PFASEC): Police: Fire: Ojito Cappelto Hennessey Korzelius Gross (Rescue) Green (Columbia) Gonzalez (Union) Moon (Fire Patrol) Amesbury (PocanrJco) Warren Hayes Sgt. Ambulance: Village: T. Spota Zegarelli R. Spota Zieja McCarthy Douglas DeFeo I I > -. 3 . ^ v £ - „ , v l ^ ' t - ; J / ^ v ' w - ' i V ; -^*^_psr-.J «^si^Vh*- *+—A^*^^-dz^^^^-^p4m.J^S4a^^^%^^^^^^^^^*^B^&^' �Meeting Date: Resolution #: 07/13/04 07/119/04 July 13,2004 RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF POCANTICO HOME & LAND COMPANY, LLC TO DEDICATE WESTVDEW CIRCLE TO THE VILLAGE OF SLEEPY HOLLOW AND CALLING FOR A PUBLIC HEARING WHEREAS, on April 15, 2004, the Planning Board of the Village of Sleepy Hollow adopted a resolution granting final amended subdivision approval to Pocantico Home and land Company, LLC; and •• WHEREAS, construction of an eleven (11) lot subdivision on an approximately 11.9 acre parcel located along County House Read and Bedford Road in the Village of Sleepy Hollow has been completed; and WHEREAS, a final subdivision plat has been filed with the Westchester County Clerk's Office, Division of Land Records on or about October 9, 2002 and the street to be dedicated hereunder, namely Westview Circle, was shown on the recorded plat; and WHEREAS, Pocantico Home & Land Company, LLC has offered Westview Circle for dedication; and WHEREAS, the Village Engineer has inspected said road being offered herein and finds the road acceptable for dedication. NOW, THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow hereby accepts the offer of acceptance of Westview Circle subject to the following conditions being satisfied: 1. The applicant shall furnish a two (2)-year road maintenance bond to the Village in the sum of $60,000.00 in a form acceptable to the Village Attorney; 2. The applicant is also dedicating the drainage, water, and sewage easements associated with the road; 3. The applicant provide a title report to the satisfaction of the Village Attorney; 4. The applicant provide satisfactory proof that all mortgages and liens have been released from the lands dedicated to the Village; 5. The applicant provide a deed along with a Schedule A describing the property being conveyed subject to the satisfaction of the Village Attorney; 6. The applicant will be subject to an easement agreement in regard to two (2) masonry walls which easement will be recorded on or about July 14, 2004, in the Westchester County Clerk's Office, Division of Land Records. 247«.t2/Z6UMVI 7/1MM �221 BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing on August 17, 2004 at 8:00 p.m. at the Village Hall,'28 Beekman Avenue, Sleepy Hollow, New York 10591, pursuant to Village Law §6-614, to consider the Village accepting the dedication of Westview Circle. Moved: Trustee Zieja Seconded: Trustee Murray Vote: I Unanimous I I 247MO/Z613M V I 7/1C/M �Meeting Date: Resolution•#: 07/13/04 07/120/04 RESOLUTION APPROVING EASEMENT AGREEMENT BETWEEN VILLAGE OF SLEEPY HOLLOW AND POCANTICO HOME & LAND COMPANY REGARDING WESTVIEW CIRCLE ROAD DEDICATION WHEREAS, in conjunction with the dedication of Westvicw Circle to the Village of Sleepy Hollow from Pocantico Home & Land Company Inc., it has been determined that certain stone walls encroach upon the public road to be dedicated to the Village; and WHEREAS, in order to ensure that Pocantico & Home Land Company LLC and their successors have complete responsibility for the maintenance of said walls and will agree to indemnify and hold harmless the Village of Sleepy Hollow from any and all liability resulting from the walls encroaching on the public road, the parties have proposed entering into an Easement Agreement, a copy of which is annexed; and WHEREAS, the Board of Trustees of the Village of Sleepy Hollow has determined that it is in the best interests of the Village to enter into such Easement Agreement, it is THEREFORE, IT IS RESOLVED, that the Board of Trustees on behalf of the Village of Sleepy Hollow is authorized to enter into a certain Easement Agreement with Pocantico Home& Land Company Inc. in regard to certain walls encroaching on Westview Circle, a copy of which Easement Agreement is attached hereto as an exhibit; and it is further RESOLVED, that the Mayor on behalf of the Village Board of Trustees is authorized to execute such Easement Agreement and such other related documents as may be appropriate. Moved: Trustee Murray Vote: Unanimous 2«7«/02/ZSI472 VI 7/20/IM Seconded: Trustee DiFelice �EASEMENT AGREEMENT This EASEMENT AGREEMENT (the "Easement Agreement") is made this 12th day of July, 2004, by and between the Village of Sleep Hollow with an address at 28 Beekman Avenue, Sleepy Hollow, New York 10591 (the "Grantor") and Pocantico Home & Land Company, LLC with an address at 115 Stevens Avenue, Valhalla, New York 10595 (the "Grantee"). WHEREAS, Grantee owns real property (the "Property"), described in Exhibit "A" attached hereto and made a part hereof, through which two (2) masonry walls (the "Walls") pass; and WHEREAS, the Walls encroach on a publicright-of-way(the "Right of Way") known as "Westview Circle" adjacent to the Property as more particularly shown on Exhibit "A" (the "Encroachment"); and WHEREAS, Grantor desires to grant to Grantee and Grantee desires to accept from Grantor a permanent non-exclusive easement over theright-of-wayto permit the Encroachment (the "Easement"). NOW, THEREFORE, in consideration of the promises and the mutual covenants made herein, and the sum of One Dollar and no cents (SI.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey onto the Grantee, is successors and assigns, the Easement, subject to the following terms and conditions. 1. For good and valuable consideration, Grantor hereby grants and conveys to Grantee the Easement described above and more particularly set forth on Exhibit "A". 2. Grantee shall have and exercise therightof reasonable ingress and egress in, to, through, over, under and across the Right of Way andfromany roads, highways, streets, alleys or any other point to the Easement in order to perform maintenance and repair of the Walls, including, without limitation, therightto cut, trim, control, and remove trees, brush and other obstructions which injure or interfere with Grantee's use, occupation or enjoyment of the Easement. 3. Grantor warrants mat its has fullrightand lawful authority to make the grant contained herein. 4. Grantor shall not interfere now, or in the future, with any of the rights provided to Grantee under this Easement Agreement, including, but not limited to, Grantee's rights of maintenance and reasonable access. �5. The Easement herein granted across the Right of Way shall be exercised and used in such a manner so as to not cause any damage or destruction of any nature whatsoever to, or interruption of the u s e of the Right of Way. 6. Any debris left in the Right of Way as a result of Grantee's use shall be immediately removed by the Grantee, its personal representatives, heirs, successors and assigns. 7. Grantor shall have therightto grant other non-exclusive easements over, along or upon the Right of Way; provided, however, that any such other casements shall be subj ect to the Easement hereby granted. 8. The Grantee, for itself and its representatives, heirs and assigns, docs hereby agree to hold the Grantor harmless and agree to indemnify the Grantor from any and all liability resultingfromtherightsgranted herein. By the granting of the Easement, the Grantee and its representatives, heirs and assigns, further agree that maintenance of the proposed Easement shall be uic responsibility of the Grantee and its representatives, heirs and assigns, and any disturbance of said Easement by the Grantee shall be the responsibility of the Grantee, its representatives, heirs and assigns. 9. This Easement Agreement may not be modified, amended or terminated without the prior written consent of the Grantor and Grantee. 10. The covenants && forth herein shall nm with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 11. This Easement Agreement shall be recorded at the county clerk's office and the cross-reference number and title of the Easement Agreement shall be cited on each temporary and permanent certificate of occupancy hereafter issued for the Property. -2- �fm Ct O I IN WITNESS WHEREOF, Grantor and Grantee have made and executed the foregoing Easement Agreement as of the date hereinabove written. GRANTOR: THE VILLAGE OF SLEEPY HOLLOW __ • Name: Title: GRANTEE: POCANTICO HOME & LAND COMPANY, LLC _ I Name: Title: I -3- �226 I State of New York ) : ss.: County of Westchester) This instrument was acknowledged before me on. 200_by of (Signature of notarial officer) (Seal, if any) My commission expires; I State of New York ) : ss.: County of Westchester) This instrument was acknowledged before me on of (Signature of notarial officer) (Seal, if any) My commission expires: I -A- ,200_by �227 I Meeting Date: 07/13/04 Resolution #: 07/121/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Charles Breitenbach, 1 Dixon Lane, Tarrytown, New York to the position of seasonal laborer in the Public Works Department at S10.00 per hour effective July 12,2004 through no later than Labor Day, 2004. Moved: Trustee DiFelice Seconded:Trustee Spota Vote:unanimous Resolutions 07/122/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Dwayne Davis, 126 Valley Street, Sleepy Hollow, New York to the position of seasonal laborer in the Public Works Department at $10.00 per hour effective July 12,2004 through no later than Labor Day. Moved:Trustee Spota Seconded:Trustee Grala I Vote:unanimous I � 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-2004 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_2004-07-13 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/0a321bad41df3a778a50a2e9fa902249.pdf 90cd89996f7656a8427fdbf9c30c930c PDF Text Text .A regular meeting of the Board of Trustees was held on Tuesday, July 20,2004 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota Andrew Murray Kay Brown Grala Trustees Also Present: Dwight Douglas, Village Administrator Robert Ponzini, Village Attorney Absent: Trustee Richard Zieja Trustee James Hart Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. He asked that everyone remain standing for a moment of silence for Frank Anzovino who was a Treasurer for the village several years ago and Judge Waters father who passed away recently. Approval of Minutes Trustee Grala moved, seconded by Trustee Murray to approve the minutes of June 22, 2004, motion carried unanimously. Public Hearing Trustee Grala read the attached public hearing notice regarding the Cable Franchise Law and gave a brief explanation. There were no comments from the public. Trustee Grala moved, seconded by Trustee Murray to close the public hearing and defer any action at this time, motion carried. Trustee Murray read the attached public hearing notice regarding Taxi Ordinance modifications. There were no comments from the public, Trustee Murray moved, seconded by Trustee DiFelice to close the hearing and defer any action at this time, motion carried. Approval of Warrants Trustee DiFelice moved, seconded by Trustee Spota to approve the warrants and authorize the Treasurer to pay the bills, subject to review, signature and approval of the Mayor and Acting Village Treasurer, motion carried unanimously. Total of the General fund is $541,601.77, total of the Water & Sewer fund is $23,580.45, Parking Authority total is S340.97 and the total of Capital fund is $344,25638. Trustee Spota moved, seconded by Trustee Grala to adjust the agenda to move onto resolutions before other items on the agenda, motion carried. 1 �229 Resolutions-Attached Mayor's Announcements Mayor Zegarelli reported that the fireboat impoundment has been lifted. The Mayor read into the record his comments regarding the Stipulations Withdrawing Tarrytown Litigation Without Prejudice to Renew. Trustee Reports Trustee DiFelice read the attached Public Works Report. Trustee Spota reported that Officer Bueti has successfully completed the basic Criminal Investigation Course at the Westchester County Police Academy. Officer D'AIessandro has successfullycompleted course in Managing Civil Action in Threat Incidents. Two summonses were issued to two overweight vehicles on Beekman Avenue. Trustee Murray had no report but commented that Joe DeFeo and his crew did a great job in removing a tree that had fallen near his house. Public Comments-None Mayor's Report Mayor Zegarelli commented that we received a letter from Peter Dunican thanking Todd Spota of the Ambulance Corp and Police Officer Bueti for their quick response when he was involved in a car crash. The Mayor reported that he will be meeting with the Council of Committees tomorrow and will be discussing the senior citizen housing floating zone. There has been correspondence back and forth regarding a problem in the Pocantico River on Dell Street. We had a meeting with Mr. Butler of the County regarding the village taking over the maintenance of Webber Avenue. The Mayor met with residents living around the Barnhart Avenue area regarding the Barnhart Park expansion. We are in receipt of a letter from Annmarie Basher regarding the upcoming July 4tl fireworks. The Mayor is in receipt of turn-off notices from Con Edison for 16 Andrews Lane and 188 Cortlandt Street. Mayor Zegarelli read the attached letter to Chief Ojito regarding the appointment of Sergio Travares as Chief driver of Engine 85. Trustee Murray moved to confirm this appointment, seconded by Trustee DiFelice and carried. 2 �I Mayor Zegarelli read a letter of resignation from Sam Caccamisse, from the Department of Public Works. Trustee DiFelice moved, seconded by Trustee Spota to accept his resignation with regrets, carried. Administrator's Report Dwight Douglas reported that Rescue Hose building needs a new roof, Union Hose needs exterior painting and we are in the process of getting estimates. The termite problem at Rescue Hose has been taken care of. The Riverside Pump station is 90% completed. The Reservoir Draft Environmental Impact Statement is close to completion. We have applied for three grants for the marina that will be subject to permits. We are going to a pilot project for changing the meters in certain areas. I Several call boxes are out for repair. Village Administrator commented that we are in the process of interviewing candidates for the Village Treasurer's position. We received a memo from Sean McCarthy regarding the recent fire on Chestnut Street. Communications. Petitions, & Requests Village Clerk read communication from the Alcoholic Beverage Control advising the Village that Jimmy Louz, Inc., 226 Beekman Avenue, Sleepy Hollow has applied for an On-Premise liquor license. There being no further business, Trustee DiFelice moved to adjourn the meeting, seconded by Trustee Spota and carried. Respectfully submitted, I Angela Fjverett Village Clerk 3 �• 07-13-2004 12:46 Fres-GAINES GRUNER PONZINI NOVICK LLP Meeting Date: Resolution*: 9142880850 T-292 231 P.003/008 F-842 I 7/20/0k 7/123/04 RESOLUTION FOR A PUBLIC HEARING TO AMEND CHAPTER 52A OF THE GENERAL CODE OF THE VILLAGE OF SLEEPY HOLLOW ENTITLED "TREE CONSERVATION'. WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") has regulated and continues to regulate the planting/maintenance and removal of trees, and WHEREAS, after review of its local laws and due deliberation, Sleepy Hollow believes a reasonable amendment to its local law on Tree Preservation is appropriate to allow for the removal on trees on private property m certain instances without the formal approval of the Tree Commission, NOW THEREFORE BE IT RESOVLED, that the Village of Sleepy Hollow calls for a public hearing to be held August 17,2004 at 8:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to consider the proposed modification to Chapter 52A "Tree Conservation". Moved:Trustee D i F e l i c e SecondedTrustee Spota I Vote:Unanimous I :-.-ijij- , ,j%.:s^-.^-^^-<.i,^^ti^~&^^tM^^ar^mi»£ii->t:S»^i^^^!^s^^^iSi �232 I Dated: 07/20/04 Resolution #: 07/ /04 124 Resolution of the Board of Trustees of the Village of Sleepy Hollow Establishing Certain Fee Payments for Recreation Services I WHEREAS, by prior agreement, certain recreational sports activities such as baseball, basketball, etc. were deemed to be session pay at a rate of $30.00 per session, and WHEREAS, the Recreation Supervisor has requested that said session pay be increased to $40.00 per session, and WHEREAS, certain fees for baseball umpiring and basketball refereeing have been provided by the Village and should now be memorialized. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees herein establishes the following schedule for said fees: Session pay is increased from $30.00 to $40.00 per session. Baseball umpiring fee is set at $40.00 per game. Basketball referee fee is set at $40.00 per game. Senior umpire fee is set at $50.00 per game. I Moved: Trustee sPni-* Seconded: Trustee Grala Vote: Unanimous �233 Dated: 07/20/04 Resolution #: 07/12^04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing a Contract with John Cellante for Inspection Services through the Assessor's Office WHEREAS, the Mayor and Board of Trustees would like to insure that the Building Department and Assessor's records for occupancy of residential dwellings dosely match the actual occupancy of said dwellings, and WHEREAS, John Cellante, in his varied roles with the Sleepy Hollow Volunteer Fire Department and Ambulance Corps has broad knowledge of building conditions and locations within the Village. NOW, THEREFORE, BE IT RESOLVED that the Mayor is herein authorized to enter into a contract with John Cellante of 28 Cedar Street, Sleepy Hollow, New York for said inspection services at the rate of $12.50 per hour for an estimated fifteen (15) hours per week to include a mixture of morning and evening times commencing August 2, 2004 and ending November 30, 2004. Moved: Trustee Murray roll call: Seconded: Trustee sPOta Vote: Trustees Murray, Grala, Spota and Mayor Zegarelli voted YES Trustee DiFelice voted NO �234 I Date: 07/20/04 Resolution: #07/26/04 Creation of Sleepy Hollow Trailways Committee WHEREAS, the Village has gone through extensive efforts to preserve existing trails and develop new ones, and WHEREAS, such efforts, when fruitful, will be a boon for the Village in terms of both an extensive trail system and the secondary effects with regard to the local economy, community/and recreation, and WHEREAS, a $100,000 grant for work on the Horseman's Trail, to improve this important east-west connection between the Old Croton Aqueduct and the Hudson River, has been secured, and WHEREAS, the Sleepy Hollow Trailways Committee will supervise and advise the Village with regard to trails - expansion, connectivity/linkages, and improvements, NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees herein ratifies the Mayor's action and future appointmentof members in the creation of the Sleepy Hollow Trailways Committee as an advisory committee to the Village on issues of trails, said committee to be chairs by Trustee Grala. Moved: Trustee Murray Seconded: Trustee DiFelice Vote: Unanimous I » -v--J- » nf-A.:-. it, _ r ; . - « . j , . , . - , . . 3 i - » ,,-, „ . , j„-.r. v* . .r^,cfcw<.» !^,^s«Aiims*&SSsittEir~-* 3 *> - iife ^^jfe5,-iA**«^ASteii4aAi^#sajijS£^^S, �235 Date: 07/20/04 Resolution : # 07/127/04 Resolution for Application for Hudson River Valley Green way: Greenway Communities Grant WHEREAS, the Village is involved in an extensive effort to preserve existing trails and develop new ones within the Village and connecting to the regional trail system, and WHEREAS, such efforts, when fruitful, will be a boon for the Village in terms of both an extensive trail system and the secondary effects with regard to the local economy, community, and recreation, and WHEREAS, a $100,000 grant for work on the Horseman's Trail/to improve this important east-west connection between the Old Crbton Aqueduct and the Hudson River, has been secured, and design work is underway for improvements to certain trail segments, and WHEREAS, the Village staff has identified a potential source of funds to assist in the development of a related trail map brochure. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees approve submission of application for a $9,500 Greenway Communities Grant from Hudson River Valley Greenway for Development of the Sleepy Hollow Comprehensive Trail Plan and Brochure and authorize the Mayor to take all other steps necessary to effectuate the intent of this resolution. Moved: Trustee Grala Seconded: Trustee Murray Vote: Unanimous �236 I Meeting Date: Resolution #: 07/20/04 07/128/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of a Contract with Civil Solutions Whereas, on June 22nd, 2004, upon recommendation of the Village Engineer and the Village Assessor, the Mayor and Trustees reviewed proposals from Civil Solutions, a division of ARH located at 850 S. White Horse Pike, P.O. Box 579, Hammonton, New Jersey, 08037-2019, to provide GIS services (annexed hereto) to assist the village in upgrading and integrating the Assessor's existing tax maps and to provide other needed technical services, and Whereas, funds to undertake the data conversion and technical services detailed in said proposals are contained in the Village's approved 2004-2005 capital budget, I Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to execute said contract with Civil Solutions in an amount not to exceed $20,000 and to take other such steps as are necessary to effectuate the intent of this resolution. Trustee Moved bv:DiFelice Trustee , Seconded by: s P ota Vote: Unanimous I *w ^ • ^ i ^ ^ r a ^ E ^ ^ u . ^ ^ ^ ^ ^ ^ v s C ^ ' . ^ ^ y - ^ ^ - ^ j p5^t-^a^^^S^^^^JwisaSAtT^i^^!h*^aw^t*i3^S*s3i*^fe^^ �237 I GIS Products & Services ,2004 Civil Solutions .1 division of arh Village of Sleepy Hollow Mr. Dwight Douglas 28 Beekman Ave Sleepy Hollow, NY 10591 Re: Today's Solutions for Tomorrow's Challenges 0 2004 GIS Implementation CS #04-0130 Civil Solutions is pleased to have the opportunity to provide the Village with this price quotation. The proposed scope of work was developed through our conversations with the Village, examination of the available source data, and experience with projects of this nature. After reviewing my notes from our previous meeting, I have developed this proposal to document specific GIS layer development and software integration services the Village has expressed an interest in. If you have any questions concerning the proposed work or require further clarification on this quotation, please contact me at (908) 2319040. Everyone at Civil Solutions is looking forward to the opportunity to assist the Village with its evolving GIS. I GIS Systems Design Price Data Conversion Item Description Digital Mapping 01 ArcView 8.3 "DataViewer" initial configuration and installation on one workstation $2,000.00 02 Customized DataViewer Installation & Training install and train staff on customized functionality $1,000.00 03 Produce a Zoning Map digitize hardcopy or convert existing AutoCad zoning map 04 Convert and link Assessor's database one time conversion $1,500.00 05 Parcel file attribute changes using tax maps based on changing Mt. Pleasant block/lot designations $2,000.00 06 Annual GIS technical support phone support/per year $1,200.00 Pho'ogrammetry Software & Training Technical Support 850 S. White Hon*-Pike $700.00 PO. Box 570 I tammonton. New Jersey 08037-2019 I Total = $8,400.00 M (609) 561-7-100 Fax (609)561-2222 h!t[>://-.\-,\w.arh-us.Com TRAINING FACILITY: 8A South Gold Drrve Hamilton, N<-.v Jersey 0P691-4199 Civil Solutions - a division of ARH Sleepy Hollow - GIS 2004 *i_shS- ^«3&&ipt-rigr+*&b*£. "J&£&3*!*^K^'"' 4 •^*- P ™ fl - J �Notes: . . • . • • We assume that the source data and mapping for the project will be delivered to Civil Solutions at no cost. It is our understanding that the Village has signed the Westchester County data-sharing agreement, and also will acquire the GIS parcel map from the Town of Mt. Pleasant. All data from the County and Mt. Pleasant will be delivered to Civil Solutions. Civil Solutions will also require a copy of the Village's existing tax maps, as well as a translation table to complete the block/lot designation modifications. This information will form the foundation of the GIS program implementation. Item #01 (ArcView 8.3 "DataViewer") As demonstrated, the DataViewer is a customized ArcView (8.x) interface that facilitates the use of the GIS by departmental personnel. The simplified "point and click" interface has been designed to reduce the training required for the average staff member to begin utilizing the GIS to access digital spatial information. The interface simplifies data query and display requests and has also been developed to augment certain automated functions. Using the GIS, the user can generate a 200' list of owners, mailing labels, and notification letters, resulting in a considerable time savings for the staff. The "DataViewer" runs on top of a license of ArcView. This cost for the ArcView software has not been included in this proposal. The software cost and related training has been separately proposed (Software_training.doc)Item #02 (Customized DataViewer Installation & Training) Civil Solutions will provide one day of on site training in the use of this software that includes time for the installation of the program. The training will consist of a PowerPoint presentation and training manual for those in attendance. The instructor will be available the remainder of the day for individual "hands-on" training as required utilizing the Village's computer resources. Item #03 (Produce a Zoning Map) This task will be based on the Village's current municipal Zoning Map. We assume that the information is available in either hard copy or digital form and will be delivered to Civil Solutions for this work task. The zoning information will be digitized within the GIS environment and therefore be consistent with all other available GIS layers. Item #04 (Convert and link Assessor's database) Civil Solutions will perform a conversion of the Assessor's data using both the modified GIS parcel polygons provided by the Town of Mt. Pleasant (Sleepy Hollow Block/lot numbers) and a digital copy of the Village's tax assessment data. As a result of the conversion, Civil Solutions will generates two (2) QA/QC files showing the linking errors. The first lists the parcels that do not have a matching tax record, and the second lists the tax records that do not have a matching GIS parcel polygon. This conversion will be completed as a one time service. If additional conversions are required, Civil Solutions will provide this service for the cost of $600.00 per conversion. Item #05 (Parcel file attribute changes using tax maps) Civil Solutions will begin with the parcel file received from Mt. Pleasant covering the Village. The Assessor will provide a translation table to be used during the process of modifying the block and lot designation from Mt. Pleasant, to those Civil Solutions - a division ofARH 2 Sleepy Hollow - GIS 2004 �^39 I designations used by Village. This process will be completed using the translation table, as well as a scanned hardcopy of the Village's existing tax maps. We understand that the current municipal tax maps are out of date and therefore will not be useful in areas that have been updated. The translation table will be used in those areas to modify the attributes in the parcel file. . Item #06 (Annual GIS technical support) Civil Solutions will provide the Village with one year of technical phone support for questions related to the GIS implementation. We request that the Village establish a single point of contact for the technical support. Any required on-site assistance will be charged at a rate of $100.00 per hour. . Civil Solutions will complete all the required work within ninety (90) days from receipt of purchase order and all required source data. This quote is valid for ninety (90) days. . DELIVERABLES: Civil Solutions has both the resources and the technical expertise to provide highquality deliverables. Digital data will be submitted to the Village on CD-ROM, expediting its direct implementation into the Village's work flow. The following is a summary listing of the items that will be submitted to the Village: 4- GIS Data in ArcGIS Geodatabase format . Parcels • Zoning -*• Recompiled Assessment tax data linked to GIS Parcels (.MDB format) <r Other software and support tasks as described Please feel free to call me @ 908-231-9040, if you have any questions or would like to move forward with this proposal. Respectfully, Thomas W. Tiner Director of Business Development cc: Michael Ritchie, Dolph Rotfekl Richard Rehmann, Civil Solutions TWT/tt c:\jrojects\_newyort\shepyhokmipnwsalsfyG2004.doc Civil Solutions-a division ofARH 3 Sleepy Hollow - GIS 2004 I �240 I GIS Software & Training April 26, 2004 Civil Solutions a <i vision of arh Village of Sleepy Hollow Mr. Dwight Douglas 28 Beekman Ave Sleepy Hollow. NY 10591 Re: Today's Solutions for Tomorrow's Challenges" I GIS Software & Training CS #04-0211 Civil Solutions is pleased to have the opportunity to provide the Village with this price quotation. The proposed scope of work was developed through our conversations with the Village and our ability to provide the documented software and services. Civil Solutions has been a long term business partner of ESRI and through this relationship have the ability to provide GIS software and certified training. The contents of this proposal address the products and services requested by the Village. CIS Systems Design Data Conversion Digital Mapping If you have any questions concerning the proposed work or require further clarification on this quotation, please contact me at (908) 231-9040. Everyone at Civil Solutions is looking forward to the opportunity to assist the Village with its evolving GIS. Photogrammetry Software &• Training Technical Support Description 01 ESRI ArcView 8.3 one single use license $1,300 00 02 Two-day certified on-site ArcView 8.x training training as per ESRI curriculum for up to 5 students $3,750.00 03 Training computer configuration one half day to install training software and data $800.00 04 Travel and expenses expenses related to on-site training $270.00 850 S. White Horse Pike P.O. Box 579 S lammonton, Nevv Jersey I Price Item Total = $6,120.00 03037-2019 Tel i WWi 561-7400 rax (609> 561-2222 littpi/i'wvk-iv.arh-us.coni TRAINING FACILITY: SA South Gold Drive Hamilton, New Jersey 08691-419-3 Notes: We assume that the Village will be able to provide the hardware resources for the training, as well as a room/office for training. In most training scenarios, the community will provide one computer per two students. We therefore recommend that the Village have three computers set up for the training. Civil Solutions - a division of ARH Sleepy Hollow - Software & Training >»_»'fc e at i;wi^ V-;-'.»^ 4-_K^r-,t=--i ta->&^^ �241 I Item #01 (ESRI ArcView 8.3) One single use license of the software will be shipped directly from ESRI approximately 7-10 days upon receipt of a Purchase Order. ArcView 8.x requires one of the following Operating Systems: Windows NT, Windows 2000 or Windows XP. The software includes one year of maintenance with the initial purchase. Future maintenance will be purchased directly through ESRI. If the Village requires additional software licenses, Civil Solutions will submit additional information as requested. If the Village moves forward with a previously proposed ArclMS hosting service, provided by Civil Solutions, this will significantly reduce the need for additional licenses. Item #02 (Two-day certified on-site ArcView 8.x training) Civil Solutions will provided a two-day certified training course for ArcView 8.x utilizing one "of our two certified instructors. The course will follow ESRI's established training curriculum with a series of PowerPoint presentations followed by hands on exercises. Once the students have completed this course, they will be familiar with the general use and functionality of the ArcView software. The price proposed is based on three(3) to five (5) students, with the Village providing the computer resources and training room. • I Item #03 (Training computer configuration) In order to set the Village's computers up with the required training software and data, Civil Solutions proposes to complete this configuration on-site. The set up typically takes between one half to a full day. Village provided computers are required to have an operating system of Windows 2000, NT or XP, and at least 256 Mgs of RAM, as well as 170 Mgs of available disc space. Item #04 (Travel and expenses) This line item is for the travel expenses for the requested on-site GIS training. The estimate is based on two nights stay ($75/night), and a $40/day per diem (3 days). This quote is valid for ninety (90) days. Please feel free to call me @ 908-231-9040, if you have any questions or would like to move forward with this proposal. Respectfully, Thomas W. Tiner Director of Business Development cc: Michael Ritchie, Dolph RotfeW Richard Rehmann, Civil Solutions TWTAt c:\^ro^s\_r>ewyort\sbepyhc4cmi\xoposab\$cftware_tran^ Civil Solutions - a division ofARH Sleepy Hollow - Software A Training I �242 I Meeting Date: July 20,2004 Resolutions 07/129/04 RESOLUTION AUTHORIZING THE FILING OF A JOINT APPLICATION TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR THE HORAN'S LANDING/ICHABOD'S LANDING RECREATIONAL BOATING FACILITY WHEREAS, the resolution adopted by the Village Board of Trustees on December 2,2003 (.Resolution 12/231/03) granting Special Permit and Concept Plan Approval for the Ichabod's Landing Riverfront Development proposed that Ichabod's Landing, LLC and the Village of Sleepy Hollow may elect to work cooperatively to explore the feasibility of establishing boat slips and/or moorings on the underwater lands to the south and west of the Ichabod's Landing site and west of the Village's Horan's Landing park; and I WHEREAS, in consultation with the Village, Ichabod's Landing, LLC has undertaken certain preliminary investigations with respect to the feasibility of such slips and moorings, including an environmental analysis of the river sediments, a hydrographic survey of existing conditions, and the preparation of a preliminary design which would accommodate upto40 slips and 30 moorings for residents of Sleepy Hollow and Ichabod's Landing, together with other improvements to the offshore area, and also determined that dredging would be required to accommodate the boat slips; and WHEREAS, in order to proceed with the project, certain permits would be required from the New York State Department of Environmental Conservation and the United States Army Corps of Engineers; and WHEREAS, a joint application for such permits has been prepared for the Horan's Landing/lchabod's Landing Recreational Boating Facility: NOW THEREFORE BE IT RESOLVED, that Philip E. Zegarelli, as Mayor of the Village of Sleepy Hollow, is hereby authorizedtoexecute and file said joint application with the New York State Department of Environmental Conservation and the US Army Corps of Engineers, which will enable the Village and Ichabod's Landing, LLC to continue their investigation of the project's feasibility and requirements. Moved'trustee Spota I S e C O f t d € d ' ^ r u s t e e ** r a ^ a Vote* Unanimous I, Angela Everett, Clerk of the Village of Sleepy Hollow, New York, do hereby certify that the above resolution was adopted at a regular meeting of the Board of Trustees held on Jury 20, 2004 and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect Dated: 7/21/04 Sleepy Hollow, New York (J-^<*jJL^ CjQjlZJfc Angela Evfcrett Village Clerk SEAL OF MUNICIPALITY �243 Meeting Date: July 20, 2004 Resolution* 07/129/04 UTION AUTHORIZING THE FILING OF A JOINT APPLICATION TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR THE HORAN'S LANDINGflCHABOD'S LANDING RECREATIONAL BOATING FACILITY QCO/-M WHEREAS, the resolution adopted by the Village Board of Trustees on December 2,2003 (Resolution 12/231/03) granting Special Permit and Concept Plan Approval for the Ichabod's Landing Riverfront Development proposed that Ichabod's Landing, LLC and the Village of Sleepy Hollow may elect to work cooperatively to explore the feasibility of establishing boat slips and/or moorings on the underwater lands to the south and west of ths Ichabod's Landing site and west of the Village's Horan's Landing park; and WHEREAS, in consultation with the Village, Ichabod's Landing, LLC has undertaken certain preliminary investigations with respect to the feasibility of such slips and moorings, including an environmental analysis of the river sediments, a hydrographic survey of existing conditions, and the preparation of a preliminary design which would accommodate up to 40 slips and 30 moorings for residents of Sleepy Hollow and Ichabod's Landing, together with other improvements to the offshore area, and also determined that dredging would be required to accommodate the boat slips; and WHEREAS, in order to proceed with the project, certain permits would be required from the New York State Department of Environmental Conservation and the United States Army Corps of Engineers; and WHEREAS, a joint application for such permits has been prepared for the Horan's Landing/lchabod's Landing Recreational Boating Facility: NOW THEREFORE BE IT RESOLVED, that Philip E. Zegarelli, as Mayor of the Village of Sleepy Hollow, is hereby authorized to execute and file said joint application with the New York State Department of Environmental Conservation and the US Army Corps of Engineers, which will enable the Village and Ichabod's Landing, LLC to continue their investigation of the project's feasibility and requirements. Moved" t r u s t e e Spota Seconded - t r u s t e e G r a l a VOt£* Unanimous I, Angela Everett Clerk of the Village of Sleepy Hollow, New York, do hereby certify that the above resolution was adopted at a regular meeting of the Board of Trustees held on Jury 20, 2004 and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect Dated: VlllO'* Sleepy Hollow, New York C*JQLX£JZ& Angela Evferett Village Clerk SEAL OF MUNICIPALITY �Dated: 07/20/04 Resolution #: 07/L30/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approval of Ichabod's Landing Bulkhead Cathodic Protection System WHEREAS, the Planning Board has granted site plan approval for the Ichabod's Landing project, and WHEREAS, the Planning Board has reviewed the bulkhead repair design as well as the installation of a new bulkhead as part of its site plan review, and WHEREAS, the Planning Board approval was conditioned on the Village Board's acceptance of the bulkhead cathodic protection system, and WHEREAS, the Village's Consultant, Han-Padron Associates, in a letter dated July 1, 2004, determined that "the design has been found acceptable, and will meet the design life parameters required for this project". NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees approve the bulkhead cathodic protection system as included in the site plan reviewed and approved by the Planning Board and found acceptable by its consultant. MOVed:_Trustee Grala S e c o n d e d : T r u s t e e Murray Vote: Unanimous �245 Meeting Date: 07/20/04 Resolution #: 07/131/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow amending Section 59-12 Cross Connection Program - Penalties for Offenses. WHEREAS, a public hearing was held on a local law to amend Chapter 59-12 of the General Code of the Village of Sleepy Hollow entitled "Cross Connection Program-Penalties for Offenses, and WHEREAS, the Village of Sleepy Hollow believes that the implementation of these penalties is both required and necessaryio enforce it cross connection program, NOW THEREFORE BE IT RESOLVED, the Village of Sleepy Hollow adopts this local law amending Chapter 59-12 entitled "Cross Connection Program Penalties for Offenses. This local law shall become effective upon filing with the Secretary of State. M o v e d : T r u s t e e Murray Seconded: T r u s t e e D I F e l i c e Vote: Ilnanimni.g �246 I Meeting Date: 07/20/04 Resolution #: 07/132/04 Be it Resolved that the Board of Trustees hereby confirms the Mayor's appointment of the following Day Camp employees to replace those who no longer work for the day camp: Melissa Zekus S7.75 hr. Miguel Casiano 10.50 hr. Lisenny Monegro 9.50 hr. Trevor Dimmie 10.00 hr. Moved: Trustee Grala Seconded: Trustee Murray Vote: Unanimous I Meeting Date: 07/20/04 Resolution #: 07/133/04 Be it resolved that the Board of Trustees confirms the Mayor's appointment of Michael Blalock, 126 Valley Street, Sleepy Hollow, New York as a seasonal employee in Kingsland Point Park through Labor Day 2004 at $16.00 hour. Moved: Trustee Grala Seconded:Trustee Murray I --:S,.tii~-,f::^%:.j/~*i..J~to.,h:.-?~^ Vote:Unanimous �247 I Meeting Date: 07/20/04 Resolution #: 07/ 134/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Appointment of Charles A. Zekus to Police Detective Be it resolved that upon the recommendation of the Chief of Police and the approval of the Mayor, the Board of Trustees does herebyratifyand confirm the assignment of Charles A. Zekus to the position of Police Detective effective June 21, 2004 at an annual salary of $69,276.00. Trustee Moved: Murra Y Trustee Seconded: DiFelice Vote: Unanimous I I �248 I Meeting Date: 07/20/04 Resolution #: 07/135/04 Be it resolved that the Board of Trustees does hereby approve the Mayor's appointment of Steven Shroba, 81 Sleepy Hollow Road, Sleepy Hollow, New York as a part time laborer in the Public Works Department at a salary of S15.00 per hour effective July 22,2004. Said appointment is subject to the approval of the Westchester County Department of Human Resources and a probationary period of twelve to fifty-two weeks. Moved:Trustee DiFelice Seconded:Trustee Spota Vote:Unanimous I I r - S ^ G » 5 ^ « £ - i l ' £ » a i ^ r -"&-*.* t ^ S - t i E i - i * » * * • ^ . / ^ ^ ^ ^ ^ " ^ • : �249 Date: July 20, 2004 Resolutions 07/136/04 Whereas, a Local Law was adopted amending the General Code of the Village of Sleepy Hollow entitled "Garbage", and Whereas, the purpose of that Local Law was to increase and adjust the rates for collection of garbage within the Village of Sleepy Hollow, and Whereas, after additional public comment and concern, the Village believes it is in its best interests to further amend the rates charged for the collection of garbage in the Village of Sleepy Hollow. Now, therefore, be it resolved, that a public hearing will be held on August 10, 2004 at 8:00pm to consider a proposed local law for the reduction of collection fees for 4, 5, and 6 family houses, to increase the minimum square footage for commercial properties to 20,000 square feet, and to further consider the adjustment of collection fees for those properties that are mixed use residential and/or commercial. Trustee Moved: S p o t a Trustee Seconded: G r a l a Vote: Unanimous �Comments from Mayor Philip Zegarelli Stipulation Withdrawing Tarrytown Litigation Without Prejudice To Renew • On April 21, 2004, the Village of Sleepy Hollow commenced litigation in the Supreme Court, Westchester County challenging certain actions taken, and approvals issued, by the Village of Tarrytown Board of Trustees and Village of Tarrytown Planning Board relative to the Ferry Landing Project. • The litigation contested actions and approvals related to three aspects of this project - (1) the disassembly of the County Asphalt Plant and its reconstruction in a new location, (2) the construction of a new Tarrytown Village Hall and (3) the construction of a new Tarrytown Department of Public Works facility. • Because certain approvals had been issued by Tarrytown in late-March 2004, Sleepy Hollow was compelled to commence this litigation within a narrow timeframe — specifically, by April 22,2004. In the absence of commencing the lawsuit, Sleepy Hollow would lose its right to contest these actions and approvals. • Sleepy Hollow commenced this litigation after much consideration and as a protective measure to preserve its claims. Sleepy Hollow did not seek to bring litigation against its neighbor and was, in fact, engaged in dialogue with Tarrytown both before and after this litigation was commenced. » On April 19,2004, on the eve of the deadline for the commencement of a lawsuit, certain officials of Tarrytown and Sleepy Hollow, myself included, together with representatives 2476/13/2*1796 VI 7/20*4 �251 of the Ferry Landing Developer and attorneys for all parties, met to discuss Sleepy Hollow's concerns. At that time, we discussed the prospect of Sleepy Hollow forbearing from litigation while Tanytown would continue to undertake review and analysis of the Ferry Landing Project, including its review of the disassembly and reconstruction of the County Asphalt Plant. As an expression of Sleepy Hollow's good faith, Tanytown officials were advised at this meeting that Sleepy Hollow did not have express objections to, nor wished to stand in the way of, its new Village Hall and Department of Public Works Facility improvements. The key concern expressed was the level of information presented,'and the review conducted, with respect to the disassembly and reconstruction of the Asphalt Plant. • At this meeting, Tanytown and the Ferry Landing Developer proposed an agreement by which they would disregard (and forego as a defense) the April 22,2004 deadline for the commencement of litigation and, instead, allow further review of the Ferry Landing Project (including the Asphalt Plant) to go forward, subject to Sleepy Hollow requesting certain additional environmental studies and materials. • Although Sleepy Hollow expressed interest in proceeding down such a path, it was thereafter advised by counsel that, absent the actual initiation of litigation, it could forever lose its right to contest the actions and approvals taken as of that date. Thus, the litigation was commenced. The commencement of this litigation, however, did not bring an end to dialogue between the two villages. • In early-May 2004, the attorneys for the parties resumed discussions concerning a resolution of Sleepy Hollow's claims. These discussions centered on the entry of a 2476/13/261796 VI 7/28*4 -2- �"Stand-Down" Agreement — by which the lawsuit would be withdrawn without waiving Sleepy Hollow's rights to raise its claims, if necessary, by a future date; Sleepy Hollow would submit to Tarrytown a list identifying areas of concern; and review processes in Tarrytown would continue. These discussions recognized the prospect that, at the conclusion of these processes, Sleepy Hollow could renew its claims if it determined that the level of information was insufficient and/or inadequate for purposes of adequate environmental review. • At the direction of the Village Board, counsel for Sleepy Hollow began work on such a stipulation. However, on May 24,2004, the Village of Tarrytown Planning Board issued site plan approval — to Sleepy Hollow's surprise — for the disassembly and reconstruction of the Asphalt Plant. • In response to this unexpected move, Sleepy Hollow requested an immediate conference with the Judge assigned to the case, the Honorable Jonathan Lippman. • A conference was held before Judge Lippman on June 9,2004. This conference was conducted with the Court and attorneys for the parties alone. As a result of this conference, the parties, with the Court's assistance, outlined certain terms by which the pending litigation could be withdrawn without prejudice to renew. • Parenthetically, I should note that the Court did not express a position with regard to the merits of any of the parties' positions in the litigation. Notably, the Court urged the parties to enter into a "Stand-Down" Agreement (similar to that discussed prior to the institution of litigation in April 2004), emphasizing the fact that the parties involved were neighboring villages. 2476/13/261796 VI 7/20.1M �253 Subsequent to the conference before the Court, counsel for the parties worked toward the preparation of a stipulation effecting the proposed "Stand-Down" Agreement. This stipulation, the terms of which this Board was apprised of and endorsed, was signed by counsel and "So Ordered" by Judge Lippman last Friday, July 16,2004. The salient points of the Stipulation are as follows: 1. The litigation has been withdrawn without prejudice (meaning that claims asserted by Sleepy Hollow may be reasserted). In fact, the Stipulation provides an. express right by which the claims may be reasserted on or before October 1,2004 or forty-five (45) days after the date of the enactment, by the Tarrytown Board of Trustees, of certain zoning amendments presently under consideration which are necessary with respect to the disassembly and reconstruction of the Asphalt Plant. Under the terms of this Stipulation, these zoning amendments may not be acted upon by Tarrytown until, at the earliest, August 16,2004. 2. With this Stipulation, Sleepy Hollow has tendered to Tarrytown a list of topics and studies which it asserts should be undertaken with regard to the Asphalt Plant. In turn, the Tarrytown Boards will determine to what extent such studies and analyses should be undertaken. If Sleepy Hollow is ultimately dissatisfied with the level of information presented it may renew the litigation and contest the level of environmental review accompanying those actions and approvals taken with regard to the Asphalt Plant. 2476/13/261796 VI 7/2fi.«4 �3. Sleepy Hollow, living up to the commitment it made in April 2004, has waived its claim with respect to the new Tarrytown Village Hall and Tanrytown Department of Public Works Facility. Sleepy Hollow does so as a show of good faith to its neighbor and so as not to impede the development of public improvements which will benefit the Tarrytown community. 4. Sleepy Hollow expressly reserves the right to contest all other aspects with regard to review and approval of the Ferry Landing Project. • Sleepy Hollow intends to thoroughly consider all information presented to date with respect to the Asphalt Plant and, furthermore, to review any information which may be forthcoming. Furthermore, it will continue to monitor and offer its comments and concerns as the review and approval process for the Ferry Landing Project unfolds. It is the hope of Sleepy Hollow that its concerns will be addressed by Tarrytown. Moreover, it is my desire to see the two villages work together in a constructive fashion with respect to the recapturing of our common Hudson River waterfront. 2476/15/2617% VI 7/28*4 �OKr SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER FILED AND VILLAGE OF SLEEPY HOLLOW, BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW, PHILIP E. ZEGARELLI, Individually and as Mayor Of The Village Of Sleepy Hollow, MARIO DIFELICE, KAY BROWN GRALA, RICHARD SPOTA, ANDREW MURRAY and RICHARD ZIEIA, Individually and as Trastees..Of The Village Of Sleepy Hollow, and JOSEPH DEFEO, Individually and as Superintendent of The Village of Sleepy Hollow Department of Public Works and Water, •Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, JENTERED WESTCHESTER COUNTY CLERK STIPULATION WITHDRAWING PROCEEDING WITHOUT PREJUDICE TO RENEW Index No. 5940/04 -againslBOARD OF TRUSTEES OF THE VILLAGE OF TARRYTOWN, PLANNING BOARD OF THE VILLAGE OF TARRYTOWN, VILLAGE OF TARRYTOWN, FERRY LANDINGS, LLC, FERRY INVESTMENTS, LLC, HOWARD EPSTEIN, ROBIN EPSTEIN, WESTCHESTER INDUSTRIES, INC., PEMBROKE CAPITAL GROUP ACQUISITIONS LLC, PEMBROKE ACQUISITIONS, LLC, PECKHAM MATERIALS CORP., PECKHAM INDUSTRIES, INC. and COUNTY ASPHALT, INC., Assigned to: Hon. Jonathan Lippman, AJ.S.C. Respondents. __ X WHEREAS, the above-captioned proceeding was commenced by the filing of a Notice of Petition and Petition on April 21,2004 (the "Petition"); and WHEREAS, by way of the Petition, Petitioners Village of Sleepy Hollow, Board of Trustees of the Village of Sleepy Hollow, Philip E. Zegarelli, Individually and as Mayor of the Village of Sleepy Hollow, Mario DeFelice, Kay Brown Grala, Richard Spota, Andrew Murray 2476/13/260841 VZ 7/6AM �and Richard Zieja, Individually and as Trustees of the Village of Sleepy Hollow, and Joseph DeFeo, Individually and as Superintendent of the Village of Sleepy Hollow Department of Public Works and Water, (collectively, the 'Tetitioners") contest certain actions taken by Respondents Board of Trustees of the Village of Tarrytown ("Respondent Tarrytown Board of Trustees") and Planning Board of the Village of Tarrytown ("Respondent Tarrytown Planning Board") including: (a) the March 1, 2004 SEQRA Negative Declaration issued by Respondent Board of Trustees with regard to amendments to the regulations applicable to the Water-Related Industry Overlay District and the Waterfront General Business District ("WGBD") within the Village of Tarrytown; (b) Respondent Tarrytown Board of Trustees' March 1,2004 enactment of amendments to the regulations applicable to the Water-Related Industry Overlay District and the WGBD within the Village of Tarrytown; (c) the March 1,2004 SEQRA Negative Declaration issued by Respondent Tarrytown Board of Trustees with regard to the entry by Respondent Village of Tarrytown into a Memorandum of Agreement with Respondents Westchester Industries, Inc. and Pembroke Capital Group Acquisitions, LLC; (d) the March 1, 2004 authorization to execute said Memorandum of Agreement issued by Respondeat Tarrytown Board of Trustees; (e) the March 23,2004 SEQRA Negative Declaration for the construction of a new Tarrytown Department of Public Works facility issued by Respondent Tarrytown Planning Bo ard; (f) the March 23, 2004 site development plan approval for the Tarrytown Department of Public Works facility granted by Respondent Tarrytown Planning Board; (g) the March 23, 2004 SEQRA Negative Declaration issued by Respondeat Tarrytown Planning Board for the dismantling of an existing asphalt plant located at 129 West Main Street, Tarrytown, New York- (the "Asphalt Plant") and its reconstruction in a new location; and (h) the March 23,2004 SEQRA Negative Declaration for the construction of a new Village Hall issued by Respondent Tarrytown Planning Board; 2O6/J3/2S0M1 V2 7/6/W �257 WHEREAS, on May 24, 2004, Respondent Tarrytown Planning Board granted conditional site development plan approval for the dismantling of the Asphalt Plant and its reconstruction in a new location and site development plan approval for the construction of a new Village Hall; and WHEREAS, the conditional site development plan approval issued by Respondent Tarrytown Planning Board on May 24, 2004 for the dismantling of the Asphalt Plant and its reconstruction in a new location is conditioned upon the enactment of certain amendments to the Code and Official Zoning Map of the Village of Tarrytown, which are presently under consideration by Respondent Tarrytown Board of Trustees (the "Zoning Amendments"); and WHEREAS, the Petitioners, Respondent Tarrytown Board of Trustees, Respondent Tarrytown Planning Board, Respondent Village of Tarrytown, Respondents Ferry Landings, LLC, Ferry Investments, LLC, Pembroke Capital Group Acquisitions, LLC and Pembroke Acquisitions, LLC (collectively, the 'Terry Landings Respondents"), Respondents Peckham Materials Corp., Peckham Industries, Inc., County Asphalt, Inc. and Westchester Industries, Inc. (collectively, the 'Teckham Respondents") and Respondents Howard Epstein and Robin Epstein seek to voluntarily resolve this proceeding without resort to further litigation; and WHEREAS, said parties have agreed to a voluntary withdrawal of the instant litigation without prejudice and with a right to renew, so as to facilitate a voluntary resolution of this proceeding; 2476/J3/2Mt61 V2 7V6/04 -3- �NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. Respondents Tarrytown Board of Trustees, Tarrytown Planning Board and Village of Tarrytown hereby appear in the above-captioned proceeding by their attorney, Jeffrey S. Shumejda, Esq., Sleepy Hollow National Bank, Box 876, Sleepy Hollow, New York 10591. 2. The Ferry Landings Respondents hereby appear in the above-captioned proceeding by their attorneys, Watkins & Chemeff, by Peter R. Chemeff, Esq., 701 Westchester Avenue, White Plains, New York 10604. 3. The Peckham Respondents hereby appear in the above-captioned proceeding by their attorneys, Devorsetz, Stinziano, Gilberti, Heintz & Smith, P.C., by Kevin C. Murphy, Esq., 555 East Genesee Street, Syracuse, New York, 13202. 4. Respondents Howard and Robin Epstein hereby appear in the above-captioned proceeding by their attorneys, Philip Blumenfeld, 12Murchison Place, White Plains, New York 10605. 5 The Petition is hereby deemed amended so as to include a claim challenging the decision of Respondent Tarrytown Planning Board, embodied in its Resolution adopted on May 24,2004, to grant conditional site development plan approval for the dismantling and reconstruction of the Asphalt Plant in a new location. 6. The Petitioners hereby withdraw the Petition (including the claim included by virtue of its stipulated amendment, as set forth in Paragraph "5" above) without prejudice to their right to renew as set forth and in accordance with Paragraphs "7", "11", "12" and "13" below. 247S/J 3/26*361 YZ 7 * W -4- �259 7. The parties, on their own behalf and on behalf of their successors and assigns, hereby agree and acknowledge that the Petitioners may renew and reassert the Petition (including the claim included by virtue of the stipulated amendment, as set forth in Paragraph "5" above, except for any claim of SEQRA segmentation or any other restriction set forth herein) at any time on or before (a) October 1, 2004 or (b) ID the event the Zoning Amendments are enacted subsequent to August 16, 2004, within forty-five (45) days after the date of their adoption by Respondent Tarrytown Board of Trustees (which, as set forth in Paragraph "10" below, may only occur at a regularly scheduled meeting of Respondent Tarrytown Board of Trustees). If these claims are renewed within this time frame (by filing and service of a Notice of Amended Petition and Amended Petition under the caption and index number set forth above), no defense founded upon statute of limitations grounds, waiver, laches or estoppel may be raised by Respondents in response thereto. 8- The Petitioners hereby submit to Respondent Tarrytown Board of Trustees and Respondent Tarrytown Planning Board a schedule (annexed hereto as Exhibit "A") identifying topics which the Petitioners assert constitute environmental impacts relating to the dismantling and reconstruction of the Asphalt Plant in a new location and, with respect to each topic identified, an accompanying statement of studies and/or analyses which Petitioners assert should be undertaken to assess the impact of such subject area. The Respondents do not concede, stipulate, agree or acknowledge that the Petitioners' assertions relative to this schedule are valid, factual or correct, or that the topics identified in Exhibit "A" must be analyzed and/or that the studies and analyses set forth therein are necessary for purposes of environmental assessment. The parties acknowledge that Respondents Tarrytown Board of Trustees and Tarrytown Planning Board shall, in their discretion, determine what information, studies or other materials in addition 247fi/I3/Z608£l VI 7/6/W -5- �to those already of record, if any, must be submitted before any action is taken by either Board relative to the dismantling and reconstruction of the Asphalt Plant in a new location, including the adoption of the Zoning Amendments (subject to Petitioners' right to assert that any such action was not accompanied by the SEQRA "hard look", as set forth in Paragraph "12" below). Any materials submitted by the Ferry Landings Respondents to either Respondent Tanytown Planning Board and/or Tanytown Board of Trustees between the date of entry of this Stipulation and the enactment of the Zoning Amendments shall be simultaneously delivered via U.S. Mail first class delivery to the Village of Sleepy Hollow, c/o Mr. Dwight Douglas, Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. The parties acknowledge that Exhibit "A" is attached to this Stipulation solely for the purpose of identifying topics and studies/analyses that Petitioners assert should be reviewed and undertaken and, consequently, its presentation in the form of an attachment to this Stipulation shall not be used to support the claims that may be raised by Petitioners in the future (as set forth in Paragraph "12" below"). 9. Respondent Tarrytown Board of Trustees shall take no final action upon the Zoning Amendments until, at the earliest, its August 16,2004 meeting. 10. Respondent Tarrytown Board of Trustees shall only consider and act upon the Zoning Amendments at its regularly scheduled public meetings to be held on July 19, 2004, August 16, 2004 and on the third Monday of each calendar month subsequent to August 2004. Thus, it shall not consider or act upon the Zoning Amendments at any other meeting, including any special meetings convened subsequent to the entry of this Stipulation. 11. The Petitioners hereby waive any claim, now or in the future, involving the construction of a new Village of Tarrytown Department of Public Works Facility and Village of Tarrytown Village Hall. -6- �261 12. In the event the Petitioners renew this proceeding (as provided in Paragraph "7" above), the claims asserted therein (including claims challenging the Zoning Amendments) shall be limited to whether Respondents Tarrytown Board of Trustees and/or Respondent Tarrytown Planning Board satisfied the "hard look" standard imposed under the Stale Environmental Quality Review Act ("SEQRA"), its regulations and case law, with respect to all actions taken with regard to the dismantling and reconstruction of the Asphalt Plant in a new location. 13. In the event Petitioners renew the Petition (as provided in Paragraph "7" above), the certified record applicable to all actions challenged presented to the Court shall include any studies, reports, analyses, statements and/or other materials prepared and submitted to Respondents Tarrytown Board of Trustees and Tarrytown Planning Board prior to final action upon the Zoning Amendments. 14. The parties agree and acknowledge that Petitioners' rights to contest the review and approval of the Ferry Landing Project shall be preserved and are not waived by virtue of this Stipulation, except as limited herein. Thus, Petitioners shall maintain their rights to contest any action(s) or approval(s) taken or issued with regard to the Ferry Landing Project, except that they shall be precluded from asserting claims of SEQRA segmentation insofar as the new Village of Tarrytown Department of Public Works Facility, Village of Tarrytown Village Hall and the dismantling and reconstruction of the Asphalt Plant in a new location are concemed. 15. The parties shall appear before the Court during the week of September 6,2004 for control purposes at a date and time to be set by the Court. 16. It is further expressly acknowledged and agreed that this Stipulation shall in no way be raised or construed as a waiver of any claim and/or defense held by any party hereto relating to the Petition filed herein, except as limited herein. 206/13/260861 VI 7/fcW -7- �17. The undersigned attorneys represent and warrant that they have been duly authorized to execute this Stipulation on behalf of the parties for whom they have signed. All parties acknowledge that all appropriate authorizations have been secured with regard to execution of this Stipulation and agree that they will not contest the validity of, or any parties' authority to enter into, this Stipulation. 18. It is acknowledged and agreed that this Stipulation is a mutual undertaking of counsel for all parties and, accordingly, to the extent any ambiguity exists with respect to the terms set forth herein, such terms shall not be resolved against any one party or the other. 19 This Stipulation may be executed and submitted to the Court in counterparts. 20. This Stipulation shall be "So Ordered" by the Court and carry the force and effect of a Court Order. Dated White Plains, New York Jun&^_, 2004 Dated: KEANE SC. BEANE, P-Q By: Sleepy Hollow, New York June ,2004 JEFFREY S. SHUMEJD A, E S Q . By. Attorneys for Petitioners One North Broadway, Suite 700 White Plains, New York 10601 (914) 946-4777 247&13/2««S«1 V2 7/MH Jeffrey S. Shumejda, Esq. Attorney for Respondents Bd. of Trustees of the Village of Tanytown, Planning Bd. of the Village of Tanytown and Village of Tanytown Sleepy Hollow Bank Building 47 Beekman Avenue Sleepy Hollow, New York 10591 (914)631-4800 �26: JUL. 8.2004 10:28»1 17. N0.877 KEfitC 8 BE«C P.11/21 l The undersigned attorneys represent and warrant that they have been duly authorized to execute this Stipulation on behalf of the parties for whom they have signed. AH parties acknowledge that all appropriate authorizations have been secured with regard to execution of this Stipulation and agree that they will not contest the validity of, or any parties' authority to enter into, this Stipulation. 18 It is acknowledged and agreed that this Stipulation is a mutual undertaking of counsel for all parties and, accordingly, to the extent any ambiguity exists with respect to the terms set forth herein, such terms shall not be resolved against any one party or the other. 19. This Stipulation may be executed and submitted to the Court in counterparts. 20. This Stipulation shall be "So Ordered" by the Court and cany the force and effect I of a Court Order. Dated White Plains, New York June _ , 2004 Dated: Sleepy Hollow, New York , '.2004 KEANE & BEANE, P.C 'S.SHUMXJDAJESQ. By: By: Judson K. Siebert, Esq. Attorneys for Petitioners One North Broadway, Suite 700 White Plains, New York 10601 (914)946-4777 MWM/ZMCI vz Attorney for Respondents Bd. of Trustees of the Village of Tarrytown, Planning Bd of the Village of Tanytown and Village of Tarrytown Sleepy Hollow Bank Building 47 Beekman Avenue Sleepy Hollow, New York 10591 (914)631-4800 I vtm i. , . _ • *r^^-" . * # - * 1 ^^^^^^^^^i^-^^sS^^^^^i^ jv..v-(£#'*iiSSlfe iritr*.•£*$»J# r*+ar$l fesfeases^-^fWi^Si. �I Dated: Syracuse, New York June _ , 2004 Dated: White Plains, New York M S if, 2004 WATKINS & CHERNEFF DEVORSETZ, STINZIANO, GLLBERTI, HEINTZ & SMITH, P . C . By: By: Kevin C. Murphy, Esq. Attorneys for Respondents Peckham Materials Corp., Peckham Industries, Inc. County Asphalt, Inc., Westchester Industries, Inc. 555 East Genesee Street Syracuse^ New York 13202 (315)442-0100 Peter R. Chemefjjgjsq. Attorney for Respondents Ferry Landings, LLC, Ferry Investments, LLC, Pembroke Capital Group Acquisitions, LLC, Pembroke Acquisitions, LLC, 701 Westchester Avenue White Plains, New York 10604 (914) 949-9000 Dated: White Plains, New York June __, 2004 PHILIP BLUMENFELD, ESQ. B y : • • • .-.: --- - Philip Blumenfeld, Esq. Attorney for Respondents Howard and Robin Epstein 12 Murchison Place White Plains, New York 10605 (914) 761-9008 SO ORDERED: Hoa Jonathan Lippman, A J.S.C I 2476/13/260861 V2 7/trtM -9- �£*:*v JUL. 6.2004 Dated: 10:34fif1 W.bi'i' KEANE&'BEflTE Syracuse, New York June __, 2004 W t y 14, £0&4 Dated: DEVORSETZ, STINZIAKO, K. l^/ci I White Plains, New York June ,2004 WATKWS & CHERNEFF GlLBERTl, HEINTZ & SMITH, P.C. By: By: C.Mtkphyyiisq. Attorneys for Respondents Peckham Materials Corp., Peckhain Industries, Inc. County Asphalt, Inc., Westchester Industries,- Inc. 555 East Genesee Street Syracuse, New York 13202 (315)442-0100 Peter R, Chemeff, Esq. Attorney for Respondents Ferry Landings, LLC, Feny Investments, LLC, Pembroke Capital Group Acquisitions, IXC, Pembroke Acquisitions, LLC, 701 Westchester Avenue White Plains, New York 10604 (914)949-9000 Dated: I White Plains, New York June ^,2004 PHILIP BLUMENFELD, ESQ. By: Philip Blumenfeld, Esq. Attorney for Respondents Howard and Robin Epstein 12 Murchison Place White Plains, New York 10605 (914)761-9008 SO ORDERED: Hon. Jonathan Lippman, AJ.S.C I 247&13/M0W1 V3 Vffrf -9- i^y%<%^- - ,'-.»> ;SE*.®..&••£•*Tf^a IK SftrfSTfe^St* Sfa-i^Srt JEar*1** «*..*, 4au&»£tta«j»d&aikfc^jds&^ �I Dated: Syracuse, New York June , 2004 Dated: WATKINS & CHERNEFF DEYORSETZ, STINZIANO, GLLBERTI, HE1NTZ & SMITH, P . C . By: I White Plains, New York June _ , 2004 By: PeterR.Chemeff.Esq. Attorney for Respondents Ferry Landings, LLC, Ferry Investments, LLC, Pembroke Capital Group Acquisitions, LLC, Pembroke Acquisitions, LLC, 701 Westchester Avenue White Plains, New York 10604 (914) 949-9000 Kevin C. Muiphy, Esq. Attorneys for Respondents Peckham Materials Coip., Peckham Industries, Inc. County Asphalt, Inc., Westchester Industries, Inc. 555 East Genesee Street Syracusej 'New York 13202 (315)442-0100 Dated: jatea- White wmte Plains, m m s , New York H4i^fet»di2004 PHILIP BLUMENFELD, ESQ. By. PhUi^Bluifaenfeld,. Attorney for Respond Howard and Robin Epstein 12 Murchison Place White Plains, New York 10605 (914)761-9008 ithan Lippman, A J.STt I 247&I3/2C0&I V2 7/S/W �Air Quality c Preparation of an air quality analysis under criteria set forth in the NYSDOT Environmental Procedures Manual, Chapter 1.1, Air Quality (January 2001). The air quality analysis should include a worst case scenario, 375,000 ton per year mavirmim output and an oulpuf of at least 75 percent of the maximum allowed output which represents a nine month operation. The analysis needs to include impacts associated with construction activities related to the relocation of the plant Impacts on the proposed Ferry Landings residential areas and those surrounding the site should examine factors such as the distance from the proposed residential structures to the asphalt plant stack and the heights of the structures and stack. The Applicant needs to address potential air quality impacts associated with the potential generation of dust during plant operation and during the construction process. Fugitive dust control mitigation measures need to be detafled Truck Traffic The relocated plant will not have access to the Hudson River so as to bring in materials in bulk. All deliveries must now be made by truck. An environmental analysis should include the worst case scenario of a Tnairinnim output of 375,000 tons per year and an analysis of the plant operating at approximately 75 percent maximum allowable output A truck routing plan should indicate truck volume based on worst case and 75 percent maximum output and indicate potential routes through both the Village of Sleepy Hollow and Tarrytown. The routing plan should also: identify specific conflict area such as the H-Bridge (Tanytown), Beekman Avenue Bridge (Sleepy Hollow) and other areas that would be specifically impacted by bock, traffic. The review should include the existing levels of service and volume to capacity ratios for selected intersections along the proposed truck routes for the AM, PM and weekend peak hours, factor in surrounding background traffic volumes as part of a no build evaluation and then add in project related traffic. Identify potential mitigation measures for those intersections and or roadway segments that are adversely impacted. Visual Before and after depictions need to be provided from selected vantage points including: Horan's Landing, Ichabod's Landing, Kingsland Point Park, the General Motors waterfront, and Hudson Street Visual documentation should be provided with photographs of the existing plant from the above referenced locations. Photo-simulations of the proposed plant in its new location need to be prepared by a qualified photo-simulation consultant using balloon tests or other appropriate means for determining height (crane) with depictions prepared for each of the above referenced locations. Buffering Given the relocation of the asphalt plant, proximate to residential neighborhoods, such issues as hours of operation, site lighting including a lighting plan indicating the amount of illumination being proposed and whether mere is any light spill over off site, site access, landscaping and buffering should be addressed. H Bridge Further, the contemplated relocation of the asphalt plant to an area near the northwest k g of the HBridge may preclude future design alternatives An engineering evaluation shall be prepared that would indicate whether the location of the plant would significantly restrict future alignment improvements of this portion of the H-Bridge. This could be a potentially significant impact on development within the local waterfront area. Further, documentation has been prepared on me existing condition of the H-Bridge, said report notes certain items in need of repair, the review should indicate when and if these repairs wQI be madeGiven that the proposed relocation places the asphalt plant in closer proximity to existing residential neighborhoods, a noise analysis needs to be prepared. Ambient noise monitoring should consist of short-term measurements (e.g., 20 minutes at each location) during the AM Peak, PM Peak, Saturday Peak and evening (assumes plant is operating on a round me clock basis for nine months of the year). In addition, one location should be designated for continuous 24 hour monitoring. Locations should include: existing residential neighborhoods to the east, me proposed Ichabod's landing site, General Motors and Kingsland Point Park. Parameters include L90, Lgq, Lj 0 Calculate thel.fo (day-night level) from die cxratmoous 24-hour data set Noise y �2SS I To: Chief Jose Ojito From: Richard N. Gross, Chief Driver Date: July 20,2004 Re: New Driver Please be advised that Sergio Trawares of 22 Lawrence Ave. has successfully completed drivers training on Eng. 85. He will be added to the drivers list after the board of trustees has received this communication. His training included driving the apparatus and approx. 10 hrs of pump operations. B • 'A/VM' Richard N. Gross, Ch.Driver ^y CVi.^ ~ ^ ^ >y? a^ <53f^ • �2fi3 PUBLIC WORKS REPORT JULY 20,2004 TREE REMOVAL AND PRUNING IS ONGOING. STREET LITE REPAIRS ARE ONGOING. REPLACING DETERIORING CURBS. PAINTING LINES AND CROSSWALKS, ALSO HANDICAP PARKING SPACES. HYDRANT FLUSHING HAS BEEN COMPLETED. INSTALLING A NEW BOOTH AT THE ENTRANCE TO KINGSLAND POINT PARK. CUTTING BACK THE OVERGROWTH ON THE SHOULDERS OF ROUTE 9. � 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-2004 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_2004-07-20 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/17f4c453ade34bb74285cc89d94b5397.pdf b1ff47c386c1afdebc5f825140901419 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, August 10, 2004 at 6:30 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Mario DiFelice Rich Zieja Andrew Murray Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Bob Ponzini, Village Counsel Dolph Rotfeld, Engineering Consultant Sean McCarthy, Village Architect At 8:00 p.m. The Mayor called the Board into special session to hold two public hearings and act on certain legislative matters. See separate minutes for this special session. At 10:30 p.m. on a motion of Trustee Zieja, seconded by Trustee Murray, the board came out of executive session and into a second special session in order to act on the attached two resolutions which were duly adopted as noted. At 10:35 p.m. the meeting was adjourned. Respectfully submitted, £ DwightUD Douglas, Village-«dministrator �271 I Meeting Date: 08/10/04 Resolution #: 08/137/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratifying Police Chiefs Rescission BE IT RESOLVED that due to extenuating circumstances, the Board of Trustees of the Village of Sleepy Hollow herebyratifiesChief Warren's decision to rescind his previous denial of the switches between Sgt. Camp and Sgt. Eaton for the days: August 16, 2004 Tour 1; August 17, 2004 Tour 1; August 19, 2004 Tour 2; and August 20, 2004 Tour 2, which had previously been approved by Lieutenant Campbell. Moved: Trustee Grala Seconded: Trustee Zieja Abstain: Mayor Zegarelli Vote: 5-0 �272 •s Meeting Date: Resolution #: I 08/10/04 08/138/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Denial of Grievance BE rr RESOLVED, that after review of the Step 2 grievance "dated July 29, 2004, the Board of Trustees of the Village of Sleepy Hollow does hereby deny the grievance. The Board hereby authorizes the Mayor to issue the Step 2 denial dated August 11, 2004. Moved: Trustee Zieja Vote: Unanimous Seconded: Trustee Murray I I . t.~-» fiHHfi t i 5 . j . f , ^ f t , ( . -«_,. -J-U^-I,^- w ^ a ^ ^ ^ f e ^ ^ ^ ^ ^ ^ ^ W ^ & f C f e S f e i S S ^ I ^ W �VILLAGE OF SLEEPY HOLLOW BOARD OF TRUSTEES MEETING - SPECIAL SESSION August 10,2004 Mayor Zegarelli called the meeting to order at 8.01 p.m Present: Mayor Philip Zegarelli Trustee DiFelice Taistee Murray Trustee Zieja Taistee Grala Taistee Spota Absent: Trustee Hart Also Present: Dwight Douglas (Village Administrator) Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Agenda: a) Public Hearing: (PH I ) - G a r b a g e Collection Law Amendments b) Appointment to Professional Boards c) New Business d) Resolutions e) Other Business a) Public Hearing: (PH 1) - Garbage Collection Law Amendments Trustee Grala read the public notice aloud. Mayor Zegarelli noted the affidavits of publication. Trustee DiFelice noted that the public hearing should be pushed back to September. Mayor Zegarelli summarized the proposed changes to the Village Law. He stated that there would be a decrease in fees for 4, 5 and 6 family units. He stated that base rates would be established on a case-by-case basis to make the fees more feasible. He also stated that as per the Village by-laws, action would not take place until the next meeting. Trustee DiFelice noted that most of the 120 properties in question are owned by absentee landlords. Mayor Zegarelli noted several special cases where flexibility was made to accommodate special cases. Mayor Zegarelli opened the public hearing. Mario Belanich (153 North Washington Street) stated that the public hearing should be held at a regularly scheduled meeting �27* Mayor Zegarelli responded that formal action on the amendment would take place at the Board's next regular meeting Mario Belanich stated that he was concerned with items being passed at a work session Trustee Grala stated that this meeting is a special session not a work session Since there was no further public comments, Trustee Zieja made a motion to close the public hearing Trustee Murray seconded. It was unanimous (6-0). Mavor Zegarelli stated that this item would be taken up the next regular Board meeting b) Appointment to Professional Boards See attached. Trustee Grala stated that the Cable Franchise Committee needs to be added to the list. Mayor Zegarelli stated that since members of these Boards make decisions that affect the Village, members are insured by the Village under the Public Officers Law. Trustee Murray stated that the Lighthouse Committee needs to be added as well. Mayor Zegarelli agreed. He stated that the two Committees would be added. c) New Business Mayor Zegarelli spoke about the Lighthouse Brochure. He stated that the Village is looking for people to give tours of the lighthouse. Mayor Zegarelli stated that a formal resignation letter was received from Trustee Hart. Trustee Zieja made a motion to accept Trustee H a r f s resignation with regrets. Trustee Murray seconded. It was unanimous (6-0). Mayor Zegarelli announced a vacancy on the Village Board of Trustees. John Lynch (Tarrytown, NY) addressed the Board on the recent lawsuit between the Village of Sleepy Hollow and Village of Tarrytown regarding the asphalt plant. He spoke about the asphalt plant production. He spoke about the burner equipment specifications and the EPA and DEC guidelines. He also stated that he would request that the school board join the petition since Morse and Washington Irving schools are in close proximity. Mayor Zegarelli responded that he could not get into specifics due to the pending litigation. He stated that the concern was in having the plant move 400-feet. He stated Village Board of Trustees Meeting - SPECIAL SESSION, August 10,2004 2 �that the suit would continue in order to obtain the correct information. He also stated that no documents have been received to date except for the DEIS d) Resolutions See attached. e) Other Business Mayor Zegarelli noted that the Village had received the memorandum decision regarding Jose Canterello versus the Village of Sleepy Hollow. Mayor Zegarelli noted that the Village had received a notice of claim regarding 126 Valley Street. He stated that this matter has been referred to the Village's insurance carrier and to the Viilaue counsel. Trustee DiFelice made a motion to adjourn to the next meeting. Trustee Murray seconded. It was unanimous (6-0). Adjourned at 9:15pm to next meeting. Respectfully Submitted, Anthony DelVecchio VillaHc Board of Trustees M e e t i n g - S P E C I A L S E S S I O N , A u g u s t 10. 2004 �27 6 I Appointment to Professional Boards: Mayor Nominates, Trustees Confirm. 1. Electrical Board (3 year term) Anthony Soares - Journeyman (2005) 2. Bureau of Fire Prevention: Re-appoint: James J. Timmings, Jr Sean E. McCarthy Jose Ojito, Fire Chief John Cellante 3. Fire Board of Appeals (5 years): Anthony Appolonio (2009) Vacancy (2007) [Under Review] 4. Plumbing Inspector: Plumbing Inspector Emeritus: I William Herlihy Ugo Checchi Plumbing Board (Journeyman: Vacancy Vacancy Plumbing Board (Master Plumber) Adrian Domingues William Herlihy Moved by Trustee Murray and Trustee DiFelice, respectively, that the Mayor's Appointments be confirmed for the terms and offices as designated. Unanimous. I S"»* . ' - ' - t - i * - ^ > £ ^ . * * - ^ 3 - a - — j>f , :^-;-; i:~/-3*:vc:Mtf4ir*5 �277 Appointment to Citizens Board, Committees and Commissions: I Mayor Nominates, Trustees Confirm. 1. Architectural Review Board: Vacancy of McCarthy + 1 Elvira Aloia 2008 2. Citizens Committee for Public Safety: to expire April 2005 Ruben Ayala Henrietta Brand Cesario Nobrega Richard Kelly Sandra Morales Diane Martello SHFD Chief Qjito (ex-officio) SHAC Capt. Spota (ex-officio) SHPD Lt. Campbell (ex-officio) 3. Conservation Advisory Board: Motion to Abolish Moved by Trustee Spota and Seconded by Trustee Grala to Abolish the Conservation Advisory Board. I 4. Environmental Review Board: Motion to Abolish Moved by Trustee Grala and Seconded by Trustee Zieja to Abolish the Environmental Review Board. 5. Environmental Council to be restructured 6. Cultural, Celebrations and Zip Code: to expire April 2005 John Edwards Gloria Clarke KathyYaeger Yolanda Malory Michael Doorley Nelson Disla Irene Amato I ,.-s^--^.j- .v rs, st- .-..^-.p^*. -iL_j-.„_ ^ i i ^ E . - ^ „ -i-fe';-^i4«fei5!j*S6iSteraiiyk4»ssjB^^ �n» I 12. Sleepy Hollow Parking Authority Ugo Checchi (honorary 2010) 13. Recreation Advisory Board: Ed Oliviera Gail Saldis Carter Sackman Karen Doyle Peter Kreamer Lynn Schafer Lisa Novak-Eckhardt Rose Pichardo Wesley Trunko (2006) (2006) (2006) (2007) (2007) (2007) (2005) (2005) (2005) 14. Planning Board David Perimutter Nicholas Cicchetn' Declare Vacancy of Dorota Szwen 2009 2009 Joseph DeFeo Daniel Michaud (0000) (0000) 16. Water Front Advisory Commission: Karin Adir Richard Weiss George Lence Terence McGlynn Holdover 2008 2008 2008 17. Zoning Board of Appeals: Linda Moiron James Galgano Vacancy McCarthy 2007 2007 2005 18. Headless Horseman Statue Committee: (annual Appointments) Elena Malunis Linda Perimutter Irene Amato Emma Serina Molly Helwig Lorraine Anniccharico Sunny Mclean Jurgen Goldhagen Cynthia Ferguson Douglas Ferguson Jefferson Under John Edwards Sherry Arnold Maureen Occhiogrosso Dr. Ray Phillips 15. Tree Commission: [Under Review to Restructure] 2007 I I 19. Honorary Place, Street and Names Committee: (annual Appointments) Mario DiFelice (Trustee) Kay Grala (Trustee) Alice Croke Armando Galella Arthur Ceconi . i ^ & i j y ^ s f c i w j ^ i;ask£E3ife£»&&i*iS^ss �??^ Irene Amato \ 'i 20. Joint Village Advisory Board (annual): Mayor, Deputy Mayor, 1 Trustee, Chairmen of Zoning,' Planning, ARB and Water Front, Parking, Administrator, Fire Chief, Police Chief, Village Architect and up to 3 private citizens. Tarrytown Counterparts. Representative from School Board and Chamber of Commerce. 21. Council of Committees (annual): Chairs of Zoning, Planning, Parking, Architecture, Waterfront: Trustee Zieja, Administrator, Village Architect, Appropriate Consultants and or Attorneys as deemed necessary by the Mayor. 22. Parks Conservancy Board (one year until terms): Robert Higle George Tanner Lynn Shaffer Joseph Balthazard Elena Malunis Kay Brown Grala David Cartenuto Thomas Capossela Wesley Trunko Moved by Trustee Murray and seconded by Trustee DiFelice to confirm the appointments as outlined above. , • �280 Meeting Date: Resolution #; 08/10/04 08/139/04 VILLAGE OF SLEEPY HOLLOW ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT WATER SUPPLY IMPROVEMENT PROGRAM WHEREAS, on November 12, 2002, the Mayor and Board of Trustees of the Village of Sleepy Hollow (The Village Board) did circulate a Notice of Intent to Act as Lead Agency for a proposed municipal water supply improvement project; and WHEREAS, the municipal water supply improvement program includes the construction of an expanded reservoir system, enhancement to the water transmission system and upgrading the Village's pump station (the Proposed Action); and WHEREAS, the Village Board would be the primary funding agency and approval authority for the proposed municipal water supply improvement project; and WHEREAS, during the course of the comment period for the Notice of Intent to Act as Lead Agency, the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP) provided written correspondence dated December 12,2002, to the Village Board requesting that an additional 30-day extension be provided in order for the NYSOPRHP to conduct a more thorough review of the Proposed Action; and WHEREAS, in correspondence dated December 18, 2002, the Village did respond to the Parks Department by indicating that they would provide for an additional 30 days before Lead Agency determination; and WHEREAS, on February 13,2003, representatives of the Village did meet with representatives from NYSOPRHP the Parks Department to discuss matters related to the Proposed Action, including alternate site locations; and WHEREAS, on March 4, 2003, the Mayor and Board of Trustees of the Village of Sleepy Hollow did declare themselves to be the Lead Agency for the environmental review ofthe proposed municipal water supply improvement project for the following reasons as outlined in Section 617.6(b)(5Xv) of the State Environmental Quality Review Act regulations a. The anticipated impacts of the proposed action are primarily of local significance affecting the Village of Sleepy Hollow's existing water supply systems, said system upgrade is a necessity in order to provide for other potential future development along the Sleepy Hollow waterfront and elsewhere. b. The Village of Sleepy Hollow through the environmental review process, has the ability to conduct a thorough investigation and has already contracted with various professionals to prepare the preliminary planning and engineering documentation. If required, the Village has �the ability to bring on other professionals and consultants as needed. The Village also has as a staff, the Department Head of the Department of Public Works and Water Department to assist in the design and review of the system; c. The Village Board is intimately familiar with the SEQR process and will follow the mandated SEQRA procedures as they have in other similar environmental reviews; and, WHEREAS, on March 25, 2003, the Lead Agency, based on the information presented in the environmental assessment form and supporting documentation, declared that the Proposed Action may have a significant effect on the environment, and that a Draft Environmental Impact Statement (DEIS) will need to be prepared; and WHEREAS, on June 11,2004, the Lead Agency received a preliminary DEIS that was reviewed for completeness with respect to the scope, content and adequacy of the information presented therein; and WHEREAS, a copy of the preliminary DEIS was sent to OPRHP for their review and comment and the Village did meet with OPRHP to discuss their comments on the completeness aspect of the preliminary' DEIS; and WHEREAS, the Lead Agency discussed the completeness aspect of the DEIS at their June 15, June 22, July 13 and August 10, 2004 Village Board meetings; and NOW, THEREFORE, BE IT RESOLVED, that on August 10,2004, the Lead Agency does hereby declare the Draft Environmental Impact Statement to be complete and adequate for circulation and public comment; and, be it further RESOLVED, that the Lead Agency does hereby schedule a public hearing on the DEIS for September 21, 2004 at 8:00 PM in Village Hall 28 Beekman Avenue, Sleepy Hollow, New York in which all members of the public wishing to be heard will be provided an opportunity; and, be it further RESOLVED, that the DEIS document will be made available at the Village Clerk's office, 28 Beekman Avenue, Sleepy Hollow, NY and that copies of the EIS will be circulated to all known Interested and Involved Agencies for their review and comment. Moved: Trustee Murray Seconded: Trustee DiFelice Vote: Unanimous F:<M'M-720 Sleepv HoIlow\M720.43 SH Res«voii\DEIS Accept H20 6-17-04.doc �• ion Meeting Date: August 10, 2004 Resolution Number: 08/14004 NOTICE OF INTENT TO BECOME LEAD AGENCY WHEREAS, the Village of Sleepy Hollow Board of Trustees (the Village Board) has initiated the preparation of proposed zoning text amendments to allow affordable senior housing developments as a special permit use in the R-5, R-6 and C-2 zoning districts (the proposed action); and WHEREAS, the proposed action is classified as a Type laction under Sections 617.4(b)(2) and (9) of the State Environmental Quality Review Act (SEQRA); and WHEREAS, a Lead Agency must be established for the environmental review of the proposed action, pursuant to the requirements of SEQRA; and WHEREAS, the Village Board is interested in becoming Lead Agency in this matter, and, NOW THEREFORE BE IT RESOLVED that the Village Board declares its intent to act as Lead Agency in this matter; and be it further RESOLVED that the Village Board will distribute this resolution, to all potential involved and/or interested agencies and afford them 30 days to comment on the Village Board=s intention to act as Lead Agency on the proposed action. Moved: T r u s t e e D i F e l i c e Seconded: T - T I I Q I - ^ S p n t a Vote: TTnaninimiK This Notice of Intent and accompanying items have been circulated to the following as per the requirements of SEQRA: Philip Zegarelli, Mayor, and the Board of Trustees Village Hall 2S Beekman Avenue Sleepy Hollow, NY 10591 Nicholas Robinson, Chairman, Planning Board Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Robert Anello, Chairman, Zoning Board of Appeals Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Richard Weiss, Chairman, Waterfront Advisory Committee Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Paul Janos, Mayor Village Hall 21 Wildey Street Tarrvtown. NY 10591 Paul Feiner, Supcnisor Town of Greenburgh Town Hall 177 Hillside Avenue Greenburgh, NY 10607 �?S3 Marc Moran, Director Region 3, NYS Dept. of Environmental Conservation 21 South Putt Comers Road NewPaltz.NY 12561-1696 Westchester County Planning Board County Office Building 148 Martine Avenue, Room 432 White Plains, NY 10601 Erin Crotty, Commissioner NYS Dept. of Environmental Conservation 625 Broadway 14th floor Albany, NY 12233-0001 Ail correspondence should be directed to: Angela Everett, Village Clerk Village of Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 F. A! M-720 Stetpy HoIlowCodc & Zoning Revisions ProceJml Items'.NOl Resolution - VBwpd I I ^i't-iW^'^'-i-i^rtert'iii^^a-iJjA'K*^^ �214 I Meeting Date: August 10, 2004 Resolution: 08/1 A l / 0 4 Resolution Referring Proposed Zoning Text Amendments Regarding Senior Housing (Affordable) and Scheduling a Public Hearing WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) has proposed specific text changes to the Village Zoning Code relative to the creation of a special permit use for affordable senior housing in the R-5, R-6 and C-2 zoning districts; and WHEREAS, the Village Board feels that the proposed text is necessary in order to better provide for the needs of the community's senior population; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby refer the aforementioned Zoning Code amendments to the Village of Sleepy Hollow Planning Board for their review and recommendation consistent with Chapter 62-53.B. of the Village Zoning Code; and, be it further RESOLVED, that the Village Board does hereby schedule a public hearing on the proposed zoning code amendments referenced above for September 21,2004 at 8:00 PM at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, 10591 so as to provide an opportunity for the public to be heard on this matter. Moved: Trustee Spota Trustee Grala Seconded: Vote: Unanimous I -.-,-': • - i a i. - - i t * , ..j^jji-^sj: * ^ . . j ^ K -.^^./^-i^5-^r»;ifFi»^«i^*!^ �Meeting Date: 08/10/04 Resolution #: 08/142/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Juan Zhinin, 194 Beekman Avenue, Sleepy Hollow, New York to the position of Skilled Road Maintainor effective August 11, 2004 at an annual salary of 47,793.60 which is 90% of the total salary of S 53,104.00. Said appointment is subject to a probationary period of twelve to fifty-two weeks and the approval of the Westchester County Department of Human Resources. Moved:Trustee Grala Seconded:Trustee Zieja Vote:unanimous Meeting Date: 08/10/04 Resolution #: 08/143/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Miguel Jimenez, 135 Cortlandt Street, Sleepy Hollow, New York to the position of seasonal laborer in the Public Works Department at S10. 00 per hour effective August 2,2004 through no later than Labor Day, September 6, 2004. Moved:Trustee Zieja Seconded:Trustee Murray Vote:unanimous Meeting Date: 08/10/04 Resolution^: 08/144/04 Be it resolved that the Board of Trustees does hereby approve the salary increase for Maria Castro, Court Interpreter from S75.00 per session to S125.00 per session effective August 2,2004. Moved:Trustee Murray Seconded:Trustee DiFelice Vote:unanimous �286 I Meeting Date: Resolution #: 08/10/04 08/145/04 Banners on Waterfront WHEREAS, the Village of Sleepy Hollow received a grant from GDC which included SI,500 in matching funds for a banner program emphasizing the waterfront, and WHEREAS, The Waterfront District at Sleepy Hollow is an important element in the current and future growth of the Village as a tourist destination and in improving the quality of life for the Village's residents, and WHEREAS, the Village has received two proposals from Sign Extreme of North Broadway in Sleepy Hollow to design and develop 10 banners for a $2,575 cost to the Village. THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees approve the banner design, and allocate $2,575 from the general fund, in addition to approval of the contract for services with Sign Extreme for the purchase of banners and professional services and authorize the Mayor to take all other steps necessary to effectuate the intent of this resolution. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous �287 o ••; Meeting Date: 08/10/04 Resolution #: 08/146/04 DEC Tree Grant WHEREAS, the Village of Sleepy Hollow has demonstrated its interest in promoting the enhancement and beautification of its communities through tree plantings, among other activities, and WHEREAS, there is an opportunity for grant monies for purchase, installation, and maintenance of street trees, and WHEREAS, this money can be used for the purchase, installation, and maintenance of street trees on North Broadway and Depeyster Street. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees approve submission of an application for 50% matching funds in an amount not to exceed SI 0,000, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Village of Sleepy Hollow for Sleepy Hollow Tree Reinvestment Program. Moved: Trustee Spota Seconded: Trustee Grala Vote: Unanimous I I ti_'*»i.-«trj**_ ~,^•^•^••^^M.'M^ii^^SxJAtxssmi^^l^a^^^S^^ � 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-2004 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_2004-08-10 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/44123cc16de2d34ccd701b8d2d286ada.pdf 732ab783ca88cd85e0b8fe76c64cc220 PDF Text Text 271 I Meeting Date: 08/10/04 Resolution #: 08/137/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratifying Police Chiefs Rescission BE IT RESOLVED that due to extenuating circumstances, the Board of Trustees of the Village of Sleepy Hollow herebyratifiesChief Warren's decision to rescind his previous denial of the switches between Sgt. Camp and Sgt. Eaton for the days: August 16, 2004 Tour 1; August 17, 2004 Tour 1; August 19, 2004 Tour 2; and August 20, 2004 Tour 2, which had previously been approved by Lieutenant Campbell. Moved: Trustee Grala Seconded: Trustee Zieja Abstain: Mayor Zegarelli Vote: 5-0 �272 •s Meeting Date: Resolution #: I 08/10/04 08/138/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Denial of Grievance BE rr RESOLVED, that after review of the Step 2 grievance "dated July 29, 2004, the Board of Trustees of the Village of Sleepy Hollow does hereby deny the grievance. The Board hereby authorizes the Mayor to issue the Step 2 denial dated August 11, 2004. Moved: Trustee Zieja Vote: Unanimous Seconded: Trustee Murray I I . t.~-» fiHHfi t i 5 . j . f , ^ f t , ( . -«_,. -J-U^-I,^- w ^ a ^ ^ ^ f e ^ ^ ^ ^ ^ ^ ^ W ^ & f C f e S f e i S S ^ I ^ W �VILLAGE OF SLEEPY HOLLOW BOARD OF TRUSTEES MEETING - SPECIAL SESSION August 10,2004 Mayor Zegarelli called the meeting to order at 8.01 p.m Present: Mayor Philip Zegarelli Trustee DiFelice Taistee Murray Trustee Zieja Taistee Grala Taistee Spota Absent: Trustee Hart Also Present: Dwight Douglas (Village Administrator) Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Agenda: a) Public Hearing: (PH I ) - G a r b a g e Collection Law Amendments b) Appointment to Professional Boards c) New Business d) Resolutions e) Other Business a) Public Hearing: (PH 1) - Garbage Collection Law Amendments Trustee Grala read the public notice aloud. Mayor Zegarelli noted the affidavits of publication. Trustee DiFelice noted that the public hearing should be pushed back to September. Mayor Zegarelli summarized the proposed changes to the Village Law. He stated that there would be a decrease in fees for 4, 5 and 6 family units. He stated that base rates would be established on a case-by-case basis to make the fees more feasible. He also stated that as per the Village by-laws, action would not take place until the next meeting. Trustee DiFelice noted that most of the 120 properties in question are owned by absentee landlords. Mayor Zegarelli noted several special cases where flexibility was made to accommodate special cases. Mayor Zegarelli opened the public hearing. Mario Belanich (153 North Washington Street) stated that the public hearing should be held at a regularly scheduled meeting �27* Mayor Zegarelli responded that formal action on the amendment would take place at the Board's next regular meeting Mario Belanich stated that he was concerned with items being passed at a work session Trustee Grala stated that this meeting is a special session not a work session Since there was no further public comments, Trustee Zieja made a motion to close the public hearing Trustee Murray seconded. It was unanimous (6-0). Mavor Zegarelli stated that this item would be taken up the next regular Board meeting b) Appointment to Professional Boards See attached. Trustee Grala stated that the Cable Franchise Committee needs to be added to the list. Mayor Zegarelli stated that since members of these Boards make decisions that affect the Village, members are insured by the Village under the Public Officers Law. Trustee Murray stated that the Lighthouse Committee needs to be added as well. Mayor Zegarelli agreed. He stated that the two Committees would be added. c) New Business Mayor Zegarelli spoke about the Lighthouse Brochure. He stated that the Village is looking for people to give tours of the lighthouse. Mayor Zegarelli stated that a formal resignation letter was received from Trustee Hart. Trustee Zieja made a motion to accept Trustee H a r f s resignation with regrets. Trustee Murray seconded. It was unanimous (6-0). Mayor Zegarelli announced a vacancy on the Village Board of Trustees. John Lynch (Tarrytown, NY) addressed the Board on the recent lawsuit between the Village of Sleepy Hollow and Village of Tarrytown regarding the asphalt plant. He spoke about the asphalt plant production. He spoke about the burner equipment specifications and the EPA and DEC guidelines. He also stated that he would request that the school board join the petition since Morse and Washington Irving schools are in close proximity. Mayor Zegarelli responded that he could not get into specifics due to the pending litigation. He stated that the concern was in having the plant move 400-feet. He stated Village Board of Trustees Meeting - SPECIAL SESSION, August 10,2004 2 �that the suit would continue in order to obtain the correct information. He also stated that no documents have been received to date except for the DEIS d) Resolutions See attached. e) Other Business Mayor Zegarelli noted that the Village had received the memorandum decision regarding Jose Canterello versus the Village of Sleepy Hollow. Mayor Zegarelli noted that the Village had received a notice of claim regarding 126 Valley Street. He stated that this matter has been referred to the Village's insurance carrier and to the Viilaue counsel. Trustee DiFelice made a motion to adjourn to the next meeting. Trustee Murray seconded. It was unanimous (6-0). Adjourned at 9:15pm to next meeting. Respectfully Submitted, Anthony DelVecchio VillaHc Board of Trustees M e e t i n g - S P E C I A L S E S S I O N , A u g u s t 10. 2004 �27 6 I Appointment to Professional Boards: Mayor Nominates, Trustees Confirm. 1. Electrical Board (3 year term) Anthony Soares - Journeyman (2005) 2. Bureau of Fire Prevention: Re-appoint: James J. Timmings, Jr Sean E. McCarthy Jose Ojito, Fire Chief John Cellante 3. Fire Board of Appeals (5 years): Anthony Appolonio (2009) Vacancy (2007) [Under Review] 4. Plumbing Inspector: Plumbing Inspector Emeritus: I William Herlihy Ugo Checchi Plumbing Board (Journeyman: Vacancy Vacancy Plumbing Board (Master Plumber) Adrian Domingues William Herlihy Moved by Trustee Murray and Trustee DiFelice, respectively, that the Mayor's Appointments be confirmed for the terms and offices as designated. Unanimous. I S"»* . ' - ' - t - i * - ^ > £ ^ . * * - ^ 3 - a - — j>f , :^-;-; i:~/-3*:vc:Mtf4ir*5 �277 Appointment to Citizens Board, Committees and Commissions: I Mayor Nominates, Trustees Confirm. 1. Architectural Review Board: Vacancy of McCarthy + 1 Elvira Aloia 2008 2. Citizens Committee for Public Safety: to expire April 2005 Ruben Ayala Henrietta Brand Cesario Nobrega Richard Kelly Sandra Morales Diane Martello SHFD Chief Qjito (ex-officio) SHAC Capt. Spota (ex-officio) SHPD Lt. Campbell (ex-officio) 3. Conservation Advisory Board: Motion to Abolish Moved by Trustee Spota and Seconded by Trustee Grala to Abolish the Conservation Advisory Board. I 4. Environmental Review Board: Motion to Abolish Moved by Trustee Grala and Seconded by Trustee Zieja to Abolish the Environmental Review Board. 5. Environmental Council to be restructured 6. Cultural, Celebrations and Zip Code: to expire April 2005 John Edwards Gloria Clarke KathyYaeger Yolanda Malory Michael Doorley Nelson Disla Irene Amato I ,.-s^--^.j- .v rs, st- .-..^-.p^*. -iL_j-.„_ ^ i i ^ E . - ^ „ -i-fe';-^i4«fei5!j*S6iSteraiiyk4»ssjB^^ �n» I 12. Sleepy Hollow Parking Authority Ugo Checchi (honorary 2010) 13. Recreation Advisory Board: Ed Oliviera Gail Saldis Carter Sackman Karen Doyle Peter Kreamer Lynn Schafer Lisa Novak-Eckhardt Rose Pichardo Wesley Trunko (2006) (2006) (2006) (2007) (2007) (2007) (2005) (2005) (2005) 14. Planning Board David Perimutter Nicholas Cicchetn' Declare Vacancy of Dorota Szwen 2009 2009 Joseph DeFeo Daniel Michaud (0000) (0000) 16. Water Front Advisory Commission: Karin Adir Richard Weiss George Lence Terence McGlynn Holdover 2008 2008 2008 17. Zoning Board of Appeals: Linda Moiron James Galgano Vacancy McCarthy 2007 2007 2005 18. Headless Horseman Statue Committee: (annual Appointments) Elena Malunis Linda Perimutter Irene Amato Emma Serina Molly Helwig Lorraine Anniccharico Sunny Mclean Jurgen Goldhagen Cynthia Ferguson Douglas Ferguson Jefferson Under John Edwards Sherry Arnold Maureen Occhiogrosso Dr. Ray Phillips 15. Tree Commission: [Under Review to Restructure] 2007 I I 19. Honorary Place, Street and Names Committee: (annual Appointments) Mario DiFelice (Trustee) Kay Grala (Trustee) Alice Croke Armando Galella Arthur Ceconi . i ^ & i j y ^ s f c i w j ^ i;ask£E3ife£»&&i*iS^ss �??^ Irene Amato \ 'i 20. Joint Village Advisory Board (annual): Mayor, Deputy Mayor, 1 Trustee, Chairmen of Zoning,' Planning, ARB and Water Front, Parking, Administrator, Fire Chief, Police Chief, Village Architect and up to 3 private citizens. Tarrytown Counterparts. Representative from School Board and Chamber of Commerce. 21. Council of Committees (annual): Chairs of Zoning, Planning, Parking, Architecture, Waterfront: Trustee Zieja, Administrator, Village Architect, Appropriate Consultants and or Attorneys as deemed necessary by the Mayor. 22. Parks Conservancy Board (one year until terms): Robert Higle George Tanner Lynn Shaffer Joseph Balthazard Elena Malunis Kay Brown Grala David Cartenuto Thomas Capossela Wesley Trunko Moved by Trustee Murray and seconded by Trustee DiFelice to confirm the appointments as outlined above. , • �280 Meeting Date: Resolution #; 08/10/04 08/139/04 VILLAGE OF SLEEPY HOLLOW ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT WATER SUPPLY IMPROVEMENT PROGRAM WHEREAS, on November 12, 2002, the Mayor and Board of Trustees of the Village of Sleepy Hollow (The Village Board) did circulate a Notice of Intent to Act as Lead Agency for a proposed municipal water supply improvement project; and WHEREAS, the municipal water supply improvement program includes the construction of an expanded reservoir system, enhancement to the water transmission system and upgrading the Village's pump station (the Proposed Action); and WHEREAS, the Village Board would be the primary funding agency and approval authority for the proposed municipal water supply improvement project; and WHEREAS, during the course of the comment period for the Notice of Intent to Act as Lead Agency, the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP) provided written correspondence dated December 12,2002, to the Village Board requesting that an additional 30-day extension be provided in order for the NYSOPRHP to conduct a more thorough review of the Proposed Action; and WHEREAS, in correspondence dated December 18, 2002, the Village did respond to the Parks Department by indicating that they would provide for an additional 30 days before Lead Agency determination; and WHEREAS, on February 13,2003, representatives of the Village did meet with representatives from NYSOPRHP the Parks Department to discuss matters related to the Proposed Action, including alternate site locations; and WHEREAS, on March 4, 2003, the Mayor and Board of Trustees of the Village of Sleepy Hollow did declare themselves to be the Lead Agency for the environmental review ofthe proposed municipal water supply improvement project for the following reasons as outlined in Section 617.6(b)(5Xv) of the State Environmental Quality Review Act regulations a. The anticipated impacts of the proposed action are primarily of local significance affecting the Village of Sleepy Hollow's existing water supply systems, said system upgrade is a necessity in order to provide for other potential future development along the Sleepy Hollow waterfront and elsewhere. b. The Village of Sleepy Hollow through the environmental review process, has the ability to conduct a thorough investigation and has already contracted with various professionals to prepare the preliminary planning and engineering documentation. If required, the Village has �the ability to bring on other professionals and consultants as needed. The Village also has as a staff, the Department Head of the Department of Public Works and Water Department to assist in the design and review of the system; c. The Village Board is intimately familiar with the SEQR process and will follow the mandated SEQRA procedures as they have in other similar environmental reviews; and, WHEREAS, on March 25, 2003, the Lead Agency, based on the information presented in the environmental assessment form and supporting documentation, declared that the Proposed Action may have a significant effect on the environment, and that a Draft Environmental Impact Statement (DEIS) will need to be prepared; and WHEREAS, on June 11,2004, the Lead Agency received a preliminary DEIS that was reviewed for completeness with respect to the scope, content and adequacy of the information presented therein; and WHEREAS, a copy of the preliminary DEIS was sent to OPRHP for their review and comment and the Village did meet with OPRHP to discuss their comments on the completeness aspect of the preliminary' DEIS; and WHEREAS, the Lead Agency discussed the completeness aspect of the DEIS at their June 15, June 22, July 13 and August 10, 2004 Village Board meetings; and NOW, THEREFORE, BE IT RESOLVED, that on August 10,2004, the Lead Agency does hereby declare the Draft Environmental Impact Statement to be complete and adequate for circulation and public comment; and, be it further RESOLVED, that the Lead Agency does hereby schedule a public hearing on the DEIS for September 21, 2004 at 8:00 PM in Village Hall 28 Beekman Avenue, Sleepy Hollow, New York in which all members of the public wishing to be heard will be provided an opportunity; and, be it further RESOLVED, that the DEIS document will be made available at the Village Clerk's office, 28 Beekman Avenue, Sleepy Hollow, NY and that copies of the EIS will be circulated to all known Interested and Involved Agencies for their review and comment. Moved: Trustee Murray Seconded: Trustee DiFelice Vote: Unanimous F:<M'M-720 Sleepv HoIlow\M720.43 SH Res«voii\DEIS Accept H20 6-17-04.doc �• ion Meeting Date: August 10, 2004 Resolution Number: 08/14004 NOTICE OF INTENT TO BECOME LEAD AGENCY WHEREAS, the Village of Sleepy Hollow Board of Trustees (the Village Board) has initiated the preparation of proposed zoning text amendments to allow affordable senior housing developments as a special permit use in the R-5, R-6 and C-2 zoning districts (the proposed action); and WHEREAS, the proposed action is classified as a Type laction under Sections 617.4(b)(2) and (9) of the State Environmental Quality Review Act (SEQRA); and WHEREAS, a Lead Agency must be established for the environmental review of the proposed action, pursuant to the requirements of SEQRA; and WHEREAS, the Village Board is interested in becoming Lead Agency in this matter, and, NOW THEREFORE BE IT RESOLVED that the Village Board declares its intent to act as Lead Agency in this matter; and be it further RESOLVED that the Village Board will distribute this resolution, to all potential involved and/or interested agencies and afford them 30 days to comment on the Village Board=s intention to act as Lead Agency on the proposed action. Moved: T r u s t e e D i F e l i c e Seconded: T - T I I Q I - ^ S p n t a Vote: TTnaninimiK This Notice of Intent and accompanying items have been circulated to the following as per the requirements of SEQRA: Philip Zegarelli, Mayor, and the Board of Trustees Village Hall 2S Beekman Avenue Sleepy Hollow, NY 10591 Nicholas Robinson, Chairman, Planning Board Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Robert Anello, Chairman, Zoning Board of Appeals Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Richard Weiss, Chairman, Waterfront Advisory Committee Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Paul Janos, Mayor Village Hall 21 Wildey Street Tarrvtown. NY 10591 Paul Feiner, Supcnisor Town of Greenburgh Town Hall 177 Hillside Avenue Greenburgh, NY 10607 �?S3 Marc Moran, Director Region 3, NYS Dept. of Environmental Conservation 21 South Putt Comers Road NewPaltz.NY 12561-1696 Westchester County Planning Board County Office Building 148 Martine Avenue, Room 432 White Plains, NY 10601 Erin Crotty, Commissioner NYS Dept. of Environmental Conservation 625 Broadway 14th floor Albany, NY 12233-0001 Ail correspondence should be directed to: Angela Everett, Village Clerk Village of Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 F. A! M-720 Stetpy HoIlowCodc & Zoning Revisions ProceJml Items'.NOl Resolution - VBwpd I I ^i't-iW^'^'-i-i^rtert'iii^^a-iJjA'K*^^ �214 I Meeting Date: August 10, 2004 Resolution: 08/1 A l / 0 4 Resolution Referring Proposed Zoning Text Amendments Regarding Senior Housing (Affordable) and Scheduling a Public Hearing WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) has proposed specific text changes to the Village Zoning Code relative to the creation of a special permit use for affordable senior housing in the R-5, R-6 and C-2 zoning districts; and WHEREAS, the Village Board feels that the proposed text is necessary in order to better provide for the needs of the community's senior population; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby refer the aforementioned Zoning Code amendments to the Village of Sleepy Hollow Planning Board for their review and recommendation consistent with Chapter 62-53.B. of the Village Zoning Code; and, be it further RESOLVED, that the Village Board does hereby schedule a public hearing on the proposed zoning code amendments referenced above for September 21,2004 at 8:00 PM at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, 10591 so as to provide an opportunity for the public to be heard on this matter. Moved: Trustee Spota Trustee Grala Seconded: Vote: Unanimous I -.-,-': • - i a i. - - i t * , ..j^jji-^sj: * ^ . . j ^ K -.^^./^-i^5-^r»;ifFi»^«i^*!^ �Meeting Date: 08/10/04 Resolution #: 08/142/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Juan Zhinin, 194 Beekman Avenue, Sleepy Hollow, New York to the position of Skilled Road Maintainor effective August 11, 2004 at an annual salary of 47,793.60 which is 90% of the total salary of S 53,104.00. Said appointment is subject to a probationary period of twelve to fifty-two weeks and the approval of the Westchester County Department of Human Resources. Moved:Trustee Grala Seconded:Trustee Zieja Vote:unanimous Meeting Date: 08/10/04 Resolution #: 08/143/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Miguel Jimenez, 135 Cortlandt Street, Sleepy Hollow, New York to the position of seasonal laborer in the Public Works Department at S10. 00 per hour effective August 2,2004 through no later than Labor Day, September 6, 2004. Moved:Trustee Zieja Seconded:Trustee Murray Vote:unanimous Meeting Date: 08/10/04 Resolution^: 08/144/04 Be it resolved that the Board of Trustees does hereby approve the salary increase for Maria Castro, Court Interpreter from S75.00 per session to S125.00 per session effective August 2,2004. Moved:Trustee Murray Seconded:Trustee DiFelice Vote:unanimous �286 I Meeting Date: Resolution #: 08/10/04 08/145/04 Banners on Waterfront WHEREAS, the Village of Sleepy Hollow received a grant from GDC which included SI,500 in matching funds for a banner program emphasizing the waterfront, and WHEREAS, The Waterfront District at Sleepy Hollow is an important element in the current and future growth of the Village as a tourist destination and in improving the quality of life for the Village's residents, and WHEREAS, the Village has received two proposals from Sign Extreme of North Broadway in Sleepy Hollow to design and develop 10 banners for a $2,575 cost to the Village. THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees approve the banner design, and allocate $2,575 from the general fund, in addition to approval of the contract for services with Sign Extreme for the purchase of banners and professional services and authorize the Mayor to take all other steps necessary to effectuate the intent of this resolution. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous �287 o ••; Meeting Date: 08/10/04 Resolution #: 08/146/04 DEC Tree Grant WHEREAS, the Village of Sleepy Hollow has demonstrated its interest in promoting the enhancement and beautification of its communities through tree plantings, among other activities, and WHEREAS, there is an opportunity for grant monies for purchase, installation, and maintenance of street trees, and WHEREAS, this money can be used for the purchase, installation, and maintenance of street trees on North Broadway and Depeyster Street. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees approve submission of an application for 50% matching funds in an amount not to exceed SI 0,000, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Village of Sleepy Hollow for Sleepy Hollow Tree Reinvestment Program. Moved: Trustee Spota Seconded: Trustee Grala Vote: Unanimous I I ti_'*»i.-«trj**_ ~,^•^•^••^^M.'M^ii^^SxJAtxssmi^^l^a^^^S^^ � 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-2004 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_2004-08-16 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/6c5b1c320998121c4089b1c9e38ff929.pdf 5ba6a431cbe49c947db852e4b906bac7 PDF Text Text A regular inceiui" ui uieuumu ui m,*t^* ,.*.., ..*..~ „.. ,,-—, 8:00 pin in Village Hall, 28 Bcekman Avenue, Sleepy Hollow, New York. Present: Deputy Mayor Mario DiFelice Richard Spota Richard Zieja Andrew Murray Trustees Absent: Mayor Philip Zegarelli Trustee Kay Grala Also Present: Robert Ponzini, Village Attorney Dwight Douglas, Village Administrator Deputy Mayor DiFelice called the meeting to order with a prayer and pledge to the flag. ' Approval of Minutes Trustee Spota moved, seconded by Trustee Zieja to approve the minutes of July 13, 2004, motion carried unanimously. Trustee Zieja moved, seconded by Trustee Spota to approve the minutes of July 20, 2004, motion carried unanimously. Public Hearings Trustee Murray read the attached public hearing notice regarding Tree Ordinance modifications. Bob Carpenter, Chairman of the Tree Commission had many questions and reservations regarding some of the changes. He commented that the Tree Commission should have been notified regarding the proposed changes before calling for the public hearing. Mario Belanich asked where the 6"diameter of the tree was measured from. Bob Carpenter commented the measurement is taken roughly around chest high. Discussion ensued. There being no further comments, Trustee Spota moved, seconded by Trustee Murray to continue the public hearing at the September 21,2004 meeting, motion carried. Trustee Spota read the attached public hearing notice regarding dedication of Westview Circle. John Dolan, Project Director, gave an update on the status of the project and Sean McCarthy, our Village Architect, gave a brief overview. There being no further comments, Trustee Zieja moved, seconded by Trustee Spota to Close the public hearing, motion carried. �2RG Approval of Warrants Trustee Zieja moved, seconded by Trustee Spota to approve the warrant and authorize the Acting Village Treasurer to pay the bills, subject to review, signature and approval of the Mayor and Acting Treasurer, motion carried unanimously. Total of the General fund isS267,199.22, total of Water & Sewer fund is 552,291.37, total of the Parking Authority is $3,310.00, total of Capital fund is S133,490.73. Public Comments Mario Belanich had questions regarding personnel resolutions adopted at the August 10,h work-session. He also asked about the status of the call boxes. The Administrator commented that he will check with the Police Chief when he returns. Trustee Reports Trustee Spota reported that Officer D'Alessandro has become a certified Fire Arms Instructor. Officer Hennessey has completed a Breath Analyzing Course. Chief Warren has received a certificate in micro soft excel after completion of the course. Trustees Zieja and Murray had no reports. Deputy Mayor DiFelice read the attached Public Works Report. Administrator's Report Several of the parking meters along Beekman Avenue and Valley Street have been converted to take nickels, dimes and quarters as a test. Storm sewer and water main will soon be installed on Lawrence Avenue. We are waiting for permit from the state to go out onto route 9 and once we receive these, the Public Works Department will be able to start. A grant has been submitted to the DEC for the beautification of route 9. Resolutions-Attached Communications. Petitions and Requests Village Clerk read correspondence from Pat Scova, Town Clerk, requesting permission to use Sleepy Hollow Village Hall for voter registration on Tuesday, September 28 th from 5:00 pm to 9:00 pm and Saturday, October 9 th from 12:00 pm to 7:00 pm. Trustee Zieja moved, seconded by Trustee Spota to approve this request, motion carried. There being no further business, Trustee Spota moved, seconded by Trustee Murray to adjourn the meeting, carried. Respectfully submitted, Angela^Everett-Village Clerk , �AFFIDAVIT OF PUBLICATION I son. 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Beefcri Bedtczdffis BuarcfiSUaiy dim"* 1 Cross Hver a the reaftdon of iawtami persons are invited to aa»nd I caiy swam, says that hefehe is the prinopal cterk of"A3 the^ baring and present t h e i j Ness, a newspaper pubSshed in the County ofT*' Sleepy Hollow, He* York S a e of New York, and the nofice of which tie J ,-" ": •' By Order of the printed copy, was pufafished in the newspaper i : rionorafcJePhiEpZeaareai • • '.A."'W&ftfB left aid on the dates chested faetow: VKageofTi-ryvrm M y Year (Jb Canaei Katenafi LncotaOafe MateparFaBs S 1 |2 3 4 5 6 7 8 » . 21 22 23 2ft 25 2 6 2 7 28 29 30 31 Central Area Pause* l*e IidUEAIl K^i-^Lf Haredafe W?^0J3L^U anHoEAaUi La Area Sworn to belore me ID f t o d d a n d Area Safem Bawefc f ^ 5TJI • ' ' T S * ^ 1 - ^ CCTXJfcSLs. SpmgXaSey simyPocs Notary Pubic, Westchester County IHjuni rCsy Nyasfc ThHB VaJteyCasaae PaSsades WfeSNyas* MJ 9 10 H 12 13 14 15 IS 17 l ! X | MOUBKSZD Ardsteyon DobteFenv and Board of Trjr.ees ' 0aad:-Aijo;jst4.2004 ATgela Everea. M i h w r > * -• 1 O u t it g» Hufexai 'Spangs fa by Pccantko Hxn- 8, La." £gv-:ew Crc'e b S S : ^ . t y Count/ H a s Road • = * * « o r i heretofore approved ;«* fte V & 3 - and Wesviea Pr; ^ • a r e e a s » ; t n County House North SaJem Ossining Shenorocfc SfcrotoGak Saner; Socfc Salens Vteijiancfc pm. a: ViSage Ha3. 2S B=.l~» Avenue. Sfeepy Koto//." fe ^^tteraag-vabeSSf tonal upon PoajvJco Hare & tend Company a c c r j n p M w.ft certain comKora set fori Chants! Rioha Paend Fete? fe? i f j 5 ? 1 *'" &614 on th | n the ViSage a certaai roed con STATE CF NEW Y O R K COUNTY OF WHSTC^ESTER Northern Area a Pubic hearing pgrsuar.1 to V l f 3Jie Journal Neros I VILLAGE Of S L E £ P ^ p O T , fUASZ tale notice that the V LOLA M.HALL NOTARY PUBLIC, STATE OF (MEW VOHK NO. 01HA6112693 QUALIFIED IN WESTCHESTER CGVliTY TERM EXPIRES JULY 6, 2;:-0o �292 Meeting Date: August 17, 2004 Resolution # 08/147/04 VILLAGE OF SLEEPY HOLLOW APPROVE GREAT TZ BIKE TOUR FOR MS WHEREAS, the National Multiple Sclerosis Society - Southern New York Chapter has informed the Village of Sleepy Hollow that the Great TZ Bike Tour for MS is scheduled for Sunday, October 3, 2004, and that part of the route will be through our community. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees hereby approves the use of Village streets by the bicyclists in the Great TZ Bike Tour for MS on Sunday, October 3, 2004, and directs the Sleepy Hollow Police Department and Sleepy Hollow Department of Public Works to provide appropriate support in this worthy event. Moved: Trustee Zieja Seconded: Trustee Spota Vote: Unanimous �293 I PUBLIC WORKS REPORT AUGUST 17, 2004 TREE REMOVAL AND PRUNING IS ONGOING THROUGH THE FALL. WATER METER READING IS TAKING PLACE. WE ARE REPAIRING THE HANDICAP RAMPS THROUGHOUT THE VILLAGE. WE ARE INSTALLING NEW STREET L1TES AND REPAIRING THOSE LITES THAT ARE OUT. PAINTING TRAFFIC LINES AND PARKING SPACE LINES. WE ARE INSTALLING PAVING STONES AT THE DOUGLAS PARK GATE. PLEASE NOTE: MONDAY, SEPTEMBER 6 T H IS LABOR DAY, A LEGAL HOLIDAY. GARBAGE PICK UP IS AS FOLLOWS: MONDAY'S GARBAGE PICK-UP WILL BE ON TUESDAY, TUESDAY'S PICKUP WILL BE ON WEDNESDAY. RECYCLING WILL ALSO TAKE PLACE ON WEDNESDAY. THURSDAY AND FRIDAY'S PICK-UP WILL REMAIN THE SAME. • � 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-2004 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_2004-08-17 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/cd3ec0e40c5418aff32e44d3e7a1db95.pdf 125e7dc9a0f28793c59237259a07fafe 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, September 14th, 2004 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 Rich Zieja Andrew Murray Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Bob Ponzini, Village Counsel Dave Smith, Planning Consultant Sean McCarthy, Village Architect At 8:40 p.m. The Mayor called the Board into special session to hold a continuation of a public hearing on various amendments to the zoning ordinance and act on certain legislative matters. On a motion of Trustee Spota, seconded by Trustee DiFelice, the public hearing was closed after a planning board report was received into the record. The attached appointments and resolutions were duly adopted as noted. At 9:10 p.m. on a motion of Trustee DiFelice, seconded by Trustee Murray the board entered into executive session to review certain litigation and personnel matters. At 10:10 p.m. the board came out of executive session. No action was taken during the executive session. On a motion of Trustee Murray, seconded by Trustee Zieja the meeting was adjourned. -Respectfully submitted, ^-. Dwight FL Douglas, Villagd-Xaministrator �295 Aleetiiig Date: 09/14/04 Resolution #: 09/148/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Richard Green as theCDBG representative. Moved: Trustee DiFelice Seconded: Trustee Murray Vote: 6-0 Resolution #: 09/149/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Gary Malunis to the Planning Board to fill a vacancy, term to expire in April 2007. Moved: Trustee Murray Seconded:Trustee Zieja Vote: 6-0 Resolution #: 09/150/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Joan Levy Weiss to the Disabilities Advisory Board to fill a vacancy, term to expire in April 2006. Resolution #: 09/151/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Anamarie McGinnis to the Architectural Review Board to fill a vacancy, term to expire April 2008. Moved: Trustee Grala Seconded: Trustee Spota Vote: 6-0 Resolution #: 09/152/04 Be it resolved that the Mayor and Board of Trustees does hereby accept the resignation of Michelle Stratman from the Library Board with regrets and best wishes. Moved: Trustee DiFelice Seconded: Trustee Murray Vote: 6-0 �i98 Meeting Date: 09/14/04 Resolution #: 09/153/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of David Livingston to the Library Board to fill a vacancy, terni to expire April 2007. Moved: Trustee Murray Seconded: Trustee Zieja Vote: 6-0 Resolution #:' 09/154/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of David Cartenuto to the Ethics Board to fill a vacancy, term to expire April 2006. Movedflrustee Zieja Seconded:Trustee Grala Vote:6-0 Resolution #: 09/155/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointments of Chris Skelly, Henry Steiner and Tim Judd to the Traihvays Committee for a term of one year. Moved:Trustee Grala Seconded:Trustee Spota Vote: 6-0 �297 I Meeting Date: 09/14/04 Resolution #: 09/156/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow To Ratify the Mayor's Authorization to Cultural Group and Ecuadorian Tradition for Use of Barnhart Park WHEREAS, the Cultural Group and Ecuadorian Tradition ("Group") has requested the use of an area in Barnhart Park for its annual celebration on September 19, 2004 from 10:00 a.m. to 6:00 p.m., and WHEREAS, the Group has further requested to have a parade on Clinton Street, Cortlandt Street and Beekman Avenue on September 19, 2004 between 12:00 Noon and 1:00 p.m. I NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees ratifies the Mayor's actions to authorize the Group to hold its celebration in Barnhart Park at a fee of $200.00 to be deposited with the Village of Sleepy Hollow before the event; require the Group to supply at least one "port-o-san"; and allow the parade on Clinton Street, Cortlandt Street and Beekman Avenue from 12:00 Noon to 1:00 p.m. Moved: Trustee Spota Seconded: Trustee DiFelice Vote: Unanimous I • - - » v ^-.j,».v. •i.-ivit-.S'-AVjt:*** i-»V-«5K: ^tnfr*i3&S& f rJ^£^ii!ii^^^it^^^^'^^^^"'*^' ^^^'-^^^»^i^J^Boi^^^^^^ �Meeting Date: 0 9 / 1 k/ 0 4 Resolution??: 09/157/04 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW ADOPTING A LOCAL LAW ATTENDING CHAPTER 24 OF THE VILLAGE CODE ENTITLE "GARBAGE" AS ADOPTED AND AMENDED 04/27/04. WHEREAS, a local law was proposed and adopted amending and replacing Chapter 24 of the Village Code of the Village of Sleepy Hollow entitled "Garbage", and WHEREAS, that local law with its changes was formally approved after a public hearing and a resolution adopted on 04/27/04, and WHEREAS, after additional study by the Mayor and Board of Trustees which included the comments of the general public, it is the position of the Board that it would be in the best interests of the Village to modify that law as amended, NOW THEREFORE BE IT RESOLVED, that the Chapter 24 of the Code of the Village of Sleepy Hollow as adopted and replaced on 04/27/04 is hereby further amended by this local law. This local law shall take effect retroactive to 3une 1,2004. Moved:Trustee DiFelicd^econded: T r u s t e e M u r r a y SOW. UM OSSuSSJHS Vote: iW MIM3S IHiZliOd s2)£i_5 SSHIYS-SOJJ U-ll �299 I LOCAL LAW NO. OF 2004 AMENDING CHAPTER 24 OF THE CODE OP THE VILLAGE OF SLEEPY HOLLOW ENTITLED "GARBAGE" Be it enacted by the Board of Trustees of the Village of Sleepy Hollow as follows: Section 1: Chapter 24 of the Code of the Village of Sleepy Hollow entitled "Garbage" is hereby amended to read as follows: Chapter 24 Garbage Section 24-S Collection regulations and practices. I A. 4) For each property listed below to be picked up and emptied by the Village, the owner of the premises shall pay the following fee to the Village: Delete:( ) Add: Garbage Commercial and mixed use properties of (15,000 s.f.) 20.000 s.f. and above annual payment of $5,000.00 Garbage Evidence - 4.5.6. units SI 0.00 per week Section 24-10 Fees for special services. Section 2. This local law shall take effect immediately upon filing in the office of the Secretary of State retroactive to June i. 2004. (except) and. (that) the requirement to pay an annual fee for pick up of mechanically emptied containers shall be first effective June T\ 2004. Bills for such fees shall be included in the Village's semi-annual tax bills. I fjo/soo c it?-i essssszm <m JQIAGK imm sans $ai»-*>Ji zt-.u tm-u^t �300 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Contract Extension Environmental Engineering Services with Lawler, Matusky & Skelly Engineers, LLP I Whereas, the Mayor and Trustees of the Village of Sleepy Hollow have requested and received a proposal from Lawler, Matusky & Skelly Engineers, LLP of One Blue Hill Plaza, P.O.Box 1509, Pearl River, New York 10965 (herein the "consultants") to provide certain follow-up engineering consultant services to assist in the redevelopment and expansion of Barnhart Park at a proposed cost of $7,800, and as more fully described in the attached September 1, 2004 letter proposal (herein "proposal") attached hereto and made a part of this resolution, and Whereas, review of said proposal indicates that the tasks and costs ascribed to said proposal appear to be appropriate and necessary, Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to execute the September 1, 2004 letter proposal at a total anticipated cost of $7,800, funds to be appropriated from the Village's capital fund budget, and to take all other steps necessary to effectuate the intent of this resolution. i I Moved: Trustee Murray Resolution # 09/158/04 Date: 09/14/04 Seconded: Trustee Zieja Vote: Unanimous �301 Lawler, lVA3.tU.SlV y E n v i r o n m e n t a l S c i e n c e S. E n g i n e e r i n g C o n s u l t a n t s rSkelly Engineers LLP I,: 1 September 2004 File No.: 045-501 Mr. Dwight Douglas Village Administrator Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Proposed Scope and Budget: Environmental Review during Construction Tasks Barnhart Park Dear Mr. Douglas: As a follow-up to our meeting of August 26, 2004, Lawler, Matusky & Skelly Engineers LLP (LMS) is pleased to present this scope and budget for performing environmental and health and safety (1I&.S) review tasks for the above-referenced property. The proposed tasks are summarized below. Estimated costs for each task (along with assumptions) are also provided. Review File Information (former Industrial Facility layout, data) and Proposed Construction LMS will revisit the site's historic information (documents and Microfilm received from NYSDEC that describe contaminant concentrations in shallow soils and layout of the former Duracell facility) along with the proposed plans for the parking lot and park improvements for purposes of understanding the environmental and H&S issues that may impact future construction at the site. We will coordinate our work with Westchester County Planning and Jim Hahn, as discussed, to define testing required and provide H&S planning. The estimated budget for this task is S700. Soil Sampling Under this task, LMS will assemble a soil sampling plan for purposes of collecting key environmental data to evaluate proposed excavation work. Although only minor excavation is anticipated, the sample data and field observations will assist the selected Contractor with health and safety planning and off-site soil disposal options. For this scope, it is assumed that two days of field sampling will be performed by LMS (assumption of less than 20 shallow samples to be collected) at locations of proposed deep plantings and utilities. Sampling will be conducted with the assistance of our direct-push sample rig. and qualified LMS technicians will log and describe the geological characteristics of the encountered materials. Field observations of possible contamination (as identified by visual indications of staining, odors, and real-time field screening instruments) will also be noted. The estimated budget for the soil sampling task is S3400. including anticipated labor, two days of field work, and equipment expenses. As part of this task. LMS will also solicit three bids for analytical laboratory services. It is recommended OM= BLU= H a i PLAZA - P.O. BOX 1SCQ - PEARL P2VSR. MY 1 Q 3 S 5 I&S5) "733 6 3 3 3 - FAC5SVELE 1345} 7 3 5 - 7 - a S B - WESSTTE: WWW.LM3EMG COM �Mr. Dwight Douglas Barnhart Park ] September 2004 Paue ....2 302 that all samples be analyzed for the eight RCRA metals and volatile organic compounds (VOCs), and that 2-3 samples be analyzed for a full suite of parameters that will facilitate future soil disposal decisions (total preliminary project estimate of less than $7000 in lab fees, based on the above sampling rationale). It is assumed that the Village of Sleepy Hollow will contract directly with the selected laboratory, and anticipated lab costs are not included in this scope. Assemble Soil Management Plan and Temporary On-Site Observations Subsequent to receiving and assessing the analytical data, LMS will assemble a Soil Management Plan that will summarize the soil data and assist the Contractor and Engineer on items such as: soil excavation practices, temporary stockpiling, soil erosion and sediment control measures, and soil disposal. LMS will identify contaminants from prior and current site soil chemical analyses for use by the Contractor in developing its own H&S Plan. This task also assumes that an LMS geologist will periodically visit the site during construction for purposes of monitoring excavation and soil management work. We project five on-site days with realtime screening equipment, although the actual need for observations will depend on the soil sampling results and final construction plans. The estimated budget for this task is S3700. The total budget for the above tasks is estimated at S7800. Please note that LMS can participate in additional project tasks such as: review or collection of waste classification sampling that may be required prior to off-site disposal, preparation of stormwater pollution prevention plan (SWPPP), additional on-site presence on behalf of the Village, participation at public meetings, and review of the conditions of the NYSDEC BUD relevant to the Barnhart Park project. We have worked on several BUD applications and work plans and have experience with NYSDEC Region 3 staff. I have enclosed a copy of our Standard Professional Services (Time and Materials) Agreement and Billing Policy. If this scope meets your needs, please sign both copies of the enclosed agreement and return for our counter signature. An executed copy will be returned for your files. LMS can begin work on the above tasks immediately upon receiving notice to proceed. Please let me know if I can provide you with additional information, or if you have any questions regarding this letter. LMS looks forward to initiating work on this project in the near future. Regards, l^iUUP'Hyio -£» Thomas E. Pease, PhD, P.E. Lawler Matusky W Skelly Engineers u.r �303 I LAWLER, MATUSKY & SKELLV ENGINEERS LLP PROFESSIONAL SERVICES AGREEMENT NO. 164-04 11 IIS AGREEMENT, made and entered into as of the l51 day of September. 2004 by and between LAWLER. MATUSKY & SKELLY ENGINEERS LLP (hereinafter "LMS"). having its principal office at One Blue Hill Pla/a. Pearl River. New York 10965. and the VILLAGE of SLEEPY HOLLOW hereinafter-CLIENT"), having its principal office at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. LMS and CLIENT, in consideration of the mutual covenants, terms and conditions hereinafter set forth, agree as follows: 1. SERVICES. LMS agrees to perform for CLIENT the services described in its proposal dated September 1,2004 (LMS File No. 045-501 -Barnhart Park, Environmental Re\-iewofConstruction Tasks), incorporated by reference herein and expressly made a part of this AGREEMENT. 2. PAYMENT FOR SERVICES AND EXPENSES. CLIENT agrees to pay LMS in accordance with the rates for services and expenses set forth in Attachment A. If CLIENT fails to make any payment due LMS for services and expenses within sixty days after receipt of LMS' statement therefor, the amounts due LMS will be increased by 1 Vz percent per month from said sixtieth day. and in addition. LMS may thereafter, after giving seven days' written notice to CLIENT, suspend further services under this AGREEMENT until LMS has been paid in full for all prior outstanding statements. I The total estimated cost for the services and expenses is S7,800. LMS shall notify the CLIENT in writing when an amount equal to 75% of this total estimated cost has been expended and shall advise CLIENT of any necessary revisions to the total estimated cost to complete LMS' services. The CLIENT shall advise LMS in writing within thirty (30) days of receipt of such revised total estimated cost of CLIENT'S approval of the revised estimated total cost. In the absence of such approval. LMS shall have no obligation to perform further services or incur expenses that would cause the costs for services and expenses to exceed the approved total estimated cost for the project. Records of LMS" services and expenses under this AGREEMENT will be kept in accordance with the generally accepted accounting practices currently utilized by LMS. 3. CLIENT'S RESPONSIBILITIES. Client shall designate a person to act as CLIENT'S representative with respect to the services to be rendered under this AGREEMENT. Such person shall have complete authority to transmit instructions, receive information, interpret and define CLIENTS policies and decisions with respect to LMS" services under this AGREEMENT. I lMtl4Skcp\}it>UoY.HnrnhcnVarkll4'>-i019;iit)4 Lawler, Matuskv & Skellv Engineers Li.r �304 I CLIENT shall, upon entering into this AGREEMENT, provide to LMS all existing availableinformation pertinent to the project including previous reports and any other data relative to the services to be provided by LMS, together with all such available information as may from time to time be requested by LMS during the course of the performance of its services. LMS shall be entitled to rely upon Client-provided documents and information in performing the services required under this AGREEMENT; however, LMS assumes no responsibility or liability for their accuracy or completeness. CLIENT shall arrange for access to and make all provisions in a timely fashion for LMS to enter upon public and private property as required for and/or requested by LMS to perform services under this AGREEMENT. STANDARD OF CARE. The services provided by LMS under this AGREEMENT shall be performed as reasonably required in accordance with generally accepted standards for professional engineering practice at the time when and the place where the services are rendered. INSURANCE. During the course of performance of the services, LMS will procure and maintain the following insurance coverage: Liability Workers' Compensation & Employer's Liability Comprehensive General Liability Automobile Liability Professional Liability i Limits of Liability Statutory S1,000,000 S 1,000,000 Si,000,000 If requested by the CLIENT, LMS shall furnish to CLIENT certificates of insurance, naming the Village of Sleepy Hollow as additional insured. OWNERSHIP OF DOCUMENTS. All documents including drawings and specifications prepared or furnished by LMS (and LMS' independent professional associates and consultants) pursuant to this AGREEMENT are instruments of service in respect of the project and LMS shall retain an ownership and property interest therein whether or not the Project is completed. CLIENT may make and retain copies for information and reference in connection with the use and occupancy of the project by CLIENT and others; however, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by LMS will be at CLIENT'S soleriskand without liability or legal exposure to LMS, or to LMS' independent professional associates or consultants, and CLIENT shall indemnify and hold harmless LMS and LMS' independent professional associates and consultants from all claims, damages, losses and expenses including attorney's fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle LMS to further compensation at rates to be agreed 164-04 ShcpytfoIloxvBarnhnri Park 045-501 9/1/04 Lavvler, Matusky & Skelly Engineers LLP I �305 upon by CLIENT and LMS. 7. DISPOSAL OF CONTAMINATED MATERIAL. It is understood and agreed that LMS is not. and has no responsibility as, a handler, generator, operator, treater or storer, transporter or disposer of hazardous or toxic substances found or identified at a site, and that CLIENT shall be responsible for the handling, removal, treatment, storage, transportation and disposal of such substances or constituents found or identified at the site. 8. PRECEDENCE. This AGREEMENT shall take precedence over any inconsistent or contradictor)' provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding LMS' services. 9. SEVERABILITY. If any of the terms and conditions of this AGREEMENT shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect, and be binding upon the parties hereto. The parties agree to reform this AGREEMENT to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision. 10. MISCELLANEOUS. The failure of LMS to insist upon or to enforce, in any instance, strict performance by CLIENT of any of the terms and conditions of this AGREEMENT or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment to any extent of itsrightto assert or rely upon any such terms or rights on any future occasion, nor shall it be construed as any waiver or relinquishment of its rights under any other provision of this AGREEMENT. _ ^m m The contractual rights and obligations of the parties hereto, and the entire AGREEMENT and understanding between them, are fully set forth in this AGREEMENT, inclusive of all prior written and oral understandings and other communications, which are deemed merged herein. This AGREEMENT is not subject to any modifications, except by a subsequent writing signed by both parties. 11. 12. FEDERALM ETC, REQUIREMENTS. LMS shall comply, at its own cost and expense, with the provisions of all applicable Federal, State, County, and Municipal requirements applicable to LMS as an employer of labor or otherwise. LMS shall further comply with all rules, regulations and licensing requirements pertaining to its professional status and that of its employees, partners, associates, subcontractors and others employed to render services hereunder. ^& ^H ^fl TERMINATION BY MLLAGE. The Village may terminate this agreement at anytime, in whole or in part, without cause, whenever the Village deems such termination to be in its best interest. In such event. LMS shall be compensated and the Village shall be liable, only for payment for services already rendered under this agreement prior to the effective date of termination. 3 IM-0-: Sleep} Hollo*Bornh.-irt park 045-501 9/hV4 ' Lawler, Matusky & Skelly Engineers U.P �.306 The parties agree that any dispute or controversy between them arising out of or in connection with this AGREEMENT shall be subject to and conclusively resolved in accordance with the laws of the State of New York. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. I LAWLER, MATUSKY & SKELLY ENGINEERS i.u- VILLAGE of SLEEPY HOLLOW By: BY: Print Print: Peier M. McGroddy Title: Title: Chief Operating Officer Daw: Date: I /6-*-0-' Siccpy HOUOK Br.rr.hon Part 045-501 9/I.V4 Lanier, Matusky & Skclly Engineers Li.r I �307 I ATTACHMENT A LAWLER, MATUSKY & SKELLY ENGINEERS LLP TIME & MATERIALS BILLING POLICY 1. Billing Rates The hourly billing rates for LMS personnel are as follows: LMS Grade Hourly Billing Rate 4-5 S38.00 6 44.00 7 49.00 8 61.00 9 69.00 10 77.00 11 94.00 12 112.00 13 • 126.00 1.4 142.00 15 150.00 16 170.00 Partner/Principal 190.00 I Assignments requiring OSHA Health & Safety training will be charged at the above rates plus five (5) percent. Litigation support services will be charged at the above rates plus twenty (20) percent. In addition to these fees, Client will be responsible for any sales taxes that may apply to services performed. 2. Direct Non -Salary Expenses Direct non-salary expenses shall be reimbursed at cost or a specified rate plus a 10% adminisiraiive service charge. Such expenses shall include but are not necessarily limited to travel connected with the project, subsistence, lodging, phone and other communication charges, reproduction, consultants and subcontractor fees, special equipment costs necessary for project execution, rental vehicles, operational costs of boats, 'laboratory usage fee, printing and binding, special insurance and any other costs not otherwise part of general office overhead. Employee and firm-owned passenger vehicles used on the project shall be billed at the rate the firm reimburses its employees (currently thirty-eight cents [S0.3S] per mile). Other company vehicles used on the project shall be billed at a rate of forty-four cents [S0.44] per mile plus a daily rate of S35.00. I 1/1/04 Lawler, Matusky & Skelly Engineers LLP �308 Rates for other in-house services such as specialized equipment, boats, computers and reproduction, etc., will be invoiced at established fixed rates. A list of other equipment and billing rates is available upon request. 3. Limitation of Costs LMS will not be obligated to continue performance or incur costs beyond the estimated costs unless the client agrees in writing to a revised estimated cost. 4. Termination of Services If services are terminated for the convenience of the client, the client shall pay all accrued obligations and costs associated with terminating the work. 5. Billing Date Billings shall be on a monthly basis and are payable upon receipt. The client shall pay an additional charge of 1-1/2 percent per month for any payment made more than 30 days after receipt of an invoice. Any attorney's fees, court costs or other related expenses incurred in collecting delinquent accounts shall be paid by client. 6. Changes in Policy The rates presented herein are effective for the period January 1 through December 31, 2004 and shall be subject to modification on January 1. 2005. 1/1/04 Lawler, Matusky & Skelly Engineers LLP �3fu; i Meeting Date: 09/14/04 Resolution'#: 09/159/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Miller Van Eaton Contract Relating to Cable Television Franchise Renewal WHEREAS, by prior action, the Mayor and Board of Trustees have authorized an intermunicipal agreement with a consortium of communities to assist in negotiation of a cable franchise agreement, and WHEREAS, as part of that consortium consultant services have been requested and obtained from the firm of Miller Van Eaton to assist with said negotiations. NOW, THEREFORE, BE IT RESOLVED that the Mayor is herein authorized to execute the attached Agreement for Professional Services and to take other such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Zieja Seconded: Trustee Grala Vote: Unanimous �AGREEMENT FOR PROFESSIONAL SERVICES This is an Agreement for professional services dated as of September _, 2004, by and the Village of Briarcliff Manor, 1111 Pleasantville Road, Briarcliff Manor, New York 10510 ("Briarcliff') and the Village of Sleepy Hollow, 28 Beekman Avenue, Sleepy Hollow, New York 10591, ("Sleepy Hollow"), and Miller & Van Eaton P.L.L.C. ("Consultant"), with offices at 1155 Connecticut Avenue, N.W., Suite 1000, Washington, D.C. 20036-4320. WHEREAS, the Towns of New Castle, Mount Pleasant and Ossining and the Villages of Pleasantville and Ossining (the "Consortium") are simultaneously entering into an Agreement for Professional Services with Consultant (the "Agreement"); and WHEREAS, it v/as the intention ofthe Consortium and Consultant, that Briarcliff and Sleepy Hollow be deemed part of the Consortium for purposes of said Agreement; and WHEREAS, Briarcliff and Sleepy Hollow wish to ratify their participation in the Agreement as members of the Consortium and are hereby entering into this agreement for said purposes. Article 1. Scope of Work Consultant agrees to perform all services (the "Services") set forth in and in accordance with Consultant* s April 15,2004 and May 14,2004 letters ofproposal (collectively, the "Proposal"). The Proposal is annexed hereto and made a part of this Agreement as Schedule A. Article 2. Performance of Services In performing the Services, Consultant shall assign qualified personnel and perform said Services hi accordance with the professional standards and with the skill, diligence and quality control/quality assurance measures expected of a recognized professional consulting firm performing services of a similar nature. Consultant is hereby given notice that the Consortium will be relying upon the accuracy, competence, and completeness of Consultant's Services in using the results of these Services. Consultant shall at alltimescomply with all applicable laws, ordinances, statutes, rules and regulations. In addition, when on any site, Consultant and its employees and agents shall comply with all Federal, state and local personnel safety rules and all applicable conditions or requirements of any permit or authorization, order or directive issued by the Consortium or any court or governmental regulatory agency. Article 3. Consultant's Representations Consultant represents that it is fully experienced and properly qualified to perform the Sendees as provided under this Agreement and that it is properly permitted, equipped, organized and financed to perform such Services. Consultant understands that it may become necessary to submit �311 to government agencies or to a court of law part or all of the data, analyses or conclusions developed pursuant to the performance of these Services. Article 4. Compensation and Payment For satisfactory performance of the Services, the Consortium agrees to compensate Consultant in accordance with the Proposal. The Consortium will pay Consultant in accordance with the Town of New Castle's standard invoice payment procedures. Article 5. Independent Contractor In performing the Services and incurring expenses under this Agreement, Consultant shall operate as, and have the status of, an independent contractor and shall not act as agent or employee or be an agent or employee of the Consortium or any member thereof. As an independent contractor, Consultant shall be solely responsible for determining the means and methods of performing the Services and shall have complete charge and responsibility for Consultant's personnel engaged in the performance of the Services. Article 6. Assignment Consultant shall not assign any of itsrights,interests or obligations under this Agreement or subcontract any of the Services to be performed by it under this Agreement without the express written consent of the Consortium. Any subcontract or Assignment shall be subject to all of the terms of this Agreement. Article 7. Insurance Consultant shall maintain, or cause to be maintained, in full force and effect during the term of this Agreement, at its expense, Workers' Compensation Insurance, public liability insurance covering personal injury and property damage, and other insurance with minimum coverages as listed below. Such policies are to be in the broad form available on usual commercial terms and shall be written by insurers ofrecognized financial standing satisfactory to the Consortium who have been fully informed as to the nature of the Services to be performed. Except for Workers' Compensation and professional liability, the members of the Consortium shall be named as additional insureds on all such policies with the understanding that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be the sole obligations of Consultant and not those of the Consortium or its members. Notwithstanding anything to the contrary in this Agreement, Consultant irrevocably waives all claims against the Consortium and its members for all losses, damages, claims or expenses resulting from risks commercially insurable under the insurance described infliisArticle 8. The provisions of insurance by Consultant shall not in any way limit Consultant's liability under this Agreement �Page 3 Tvpe of Coverage I Limits of Coverage V/orkers' Compensation Statutory Employer's Liability or similar insurance 51,000,000 each occurrence Automobile Liability Bodily Injury Property Damage 51,000,000 aggregate SI,000,000 each occurrence Comprehensive General Liability, including broad form contractual liability, bodily injury, and property damage S1,000,000 aggregate 51,000,000 each occurrence Consultant shall attach to this Agreement, certificates of insurance evidencing Consultant's compliance with these requirements. Each policy of insurance shall contain clauses to the effect that (i) such insurance (except professional liability) shall be primary withoutrightof contribution of any other insurance carried by or on behalf of the Consortium members with respect to its interests, (ii) it shall not be cancelled, including without limitation, for non-payment of premium, or materially changed or not renewed without ten (10) days prior written notice to the Consortium, and the Consortium shall have the option to pay any necessary premiums and charge the cost back to Consultant. Article 8. Indemnification | Consultant agrees to defend, mdemnify and hold harmless the members of the Consortium, their respective officials, employees, agents, reviewing boards and members of such boards, against all claims, losses, damages, liabilities, costs or expenses (including, without limitation, reasonable attorney's fees and costs of litigation and/or settlement, whether incurred as a result of a claim by a | third party or an indemnitee hereunder) for any property damage and/or personal injury-arising out of the Services performed by or on behalf of Consultant pursuant to this Agreement. Article 9. Responsibilities To Correct Deficiencies It shall be the Consultant's responsibility to correct, in a timely fashion and at Consultant's sole expense, any deficiencies in the Services provided solely by the Consultant or it's employees provided deficiencies are reported to the Consultant in writing within Thirty (30) Days ofcompletion of said Services. �313 Page 4 Article 10. Termination The Consortium may terminate this Agreement in whole or in part at any time, for cause upon seven (7) days written notice. The term "for cause" shall include any failure of Consultant to provide the Services in accordance with this Agreement, the Consortium's reasonable dissatisfaction with Consultant's work hereunder which remains unremedied after reasonable notice from the Consortium, or any act or omission of Consultant, its agents or employees that would otherwise be deemed a default under or breach of this Agreement. Consultant may terminate this Agreement only in the event the Consortium, after thirty (30) days written notice, fails to make any payment to Consultant required hereunder. Any such termination of this Agreement shall not relieve the Consortium of its obligation to pay charges justly due Consultant for Services properly performed and expenses properly incurred prior to such termination nor relieve Consultant from any liability arising from any willful or negligent act or omissions of Consultant, its employees or agents. Article 11. Survival of Obligation Consultant's obligations, and those of Consultant's employees, agents, successors and assignees assumed pursuant to Article 9 (Indemnification), and Article 10 (Responsibility to Correct Deficiencies) shall survive not only completion of Services, and expiration or termination of this Agreement; but also final payment under this Agreement Article 12. Waiver and Severability The failure of either party to enforce, at any time, the provisions of this Agreement does not constitute a waiver of such provisions in any way or waive the right of either party at anytime to avail itself of such remedies as it may have for any breach or breaches of such provisions. None of the conditions of this Agreement shall be considered waived by either party unless such waiver is explicitly given in writing by the waiving party. No such waiver shall be a waiver of any past or future default, breach or modification of any of the terms or conditions of this Agreement unless expressly stipulated in such waiver. The invalidity of one provision, or invalid application thereof, of this Agreement shall not affect the validity of any other provision or any other application of any provision of the Agreement. Article 13. Governing Law This Agreement shall be governed by the laws of the State of New York. Article 14. Miscellaneous A. All notices hereunder shall be deemed to be duly given if in writing, signed by the party or the representative of the party giving the notice, and sent to the other party at the addresses set forth herein by certified mail, return receipt requested, or by Federal Express or similar overnight courier or by facsimile transmittal with confirmation by regular first class mail. �314 Page 5 B. This Agreement was negotiated between parties of equal bargaining power and is not to be construed against either party by virtue of such party's attorney having drafted it. I C. The Consultant or any of its subcontractors are hereby prohibited from engaging in discriminator' hiring practices, or assuming any engagements during the term of this Agreement which might be in conflict with the Consultant's responsibilities under this Agreement. D. This Contract may be executed in separate counterparts each of which, when all counterparts have been delivered, shall constitute a complete original as to its signatories. Article 15. Entire Agreement The rights and obligations of the parties, and their respective agents, successors and assignees hereunder shall be subject to and governed by this Agreement, including Schedule A annexed, which supersedes any other understandings or writings between the parties. No changes, amendments or modifications of any of the terms and conditions of this Agreement shall be valid unless reduced to writing and signed by the party to be bound. Any discrepancies between this Agreement of 15 Articles and any attachments, appendices or schedules shall be resolved in favor of the main Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this September, 2004. day of Village of Briarcliff Manor I By: Michael S. Blau, Village Manager Village of Sleepy Hollow By: Philip E. Zegarelli, Mayor Miller & Van Eaton P.L.L.C. By: f .«75M6J-a=rrrnncr.ir«ra:m2ekic I * „ Hi.- i ^ ^ i ^ ^ ^ ^ L f S ^ ^ ^ J W ! ^ - - - " ^** • '*^..-*;«if' *» fe£>.:s«»Uh?j£r �315 M I L L E R & V A N E A T O N - P. L. L. C. MATTHEW C. AMES KENNETH A- BRUNETTlt FREDERICK E. ELLROD HI MARCIL. FR1SCHKORN MITSUKO R. HERRERAt WILLIAM 1_ LOWERY 1155 CONNECTICUT A V E N U E , N.W. S U I T E IOOO W A S H I N G T O N , D . C . 20036-4320 WILLIAM R. MALON'E NICHOLAS P. MILLER HOLLY L. SAURER JOSEPH VAN EATON TELEPHONE (202) 785-0600 FAX (202) 785-1234 t Admitted to Practice in California Only M I I X E R & V A N EATON, I_I_P. 400 MONTGOMERY STREET SUITE 501 SAN FRANCISCO, CALIFORNIA 94104-1215 Incorporating th- Practice of Miller & Holbrooke TELEPHONE (415) 477-3 650 OF COUNSEL: JAMES R.HOBSON GERARD l_ LEDERER* * JOHN F. NOBLE **Admitted to Practice in New Jersey Only FAX (415)477-3652 WWWJVOLLERVANEATON.COM May 14, 2004 VTA FEDERAL EXPRESS Ms. Penny Paderewski Deputy Town Administrator Town of Newcastle 200 South Greeley Avenue Chappaqua, NY 10514 Re: Cable Television Franchise Renewal Dear Ms. Paderewski: As you requested, I have prepared a new proposal for the consortium consisting of the Village of BriarcIifF Manor, the Town of Mount Pleasant, the Town of Newcastle, the Town of Ossining, the Village of Ossining, the Town of Pleasantville, and the Village of Sleepy Hollow. Rather than replacing our proposal of April 15,2004, this proposal addresses the two tasks we discussed in our telephone call of earlier this week. If you would like our assistance with respect to any tasks described in the April 15 proposal, we are prepared to provide those services as described in that letter, subject to any changes in your needs and any increases in our rates. As 1 understand it, the consortium would like us to do two things. First, we will review needs assessment information provided by the Consortium, and prepare a draft franchise agreement reflecting the Consortium's needs. The Consortium will then send the proposed documents to Cable-vision to serve as a starting point for negotiations. Second, we will review the local law^s governing cable television franchises that have been adopted by five of the �MILLER & VAN EATON, P.L.L.C. -2Consortium members, and prepare a new, updated version for eventual adoption by each community. In our April 15 proposal, we stated that the cost of preparing a draft franchise agreement is about $7,000, and the cost of preparing a draft ordinance is also about $7,000. Accordingly, assuming that each of the current franchise agreements and each of the local laws are substantially the same, our total fees for the two tasks described above will be $14,000. We will inform you if we determine, upon reviewing any of the existing documents or other information you may provide us, that the cost may be significantly higher than that amount. We will bill you monthly at the hourly rates set forth in our April 15 letter. If you should have any questions or require additional information, please contact me at (202)785-0600. Thank you for your consideration. Very truly yours, MILLER & VAN EATON, P.L.L.C. 8691\02\00101750.DOC 316 �317 M I L L E R & V A N E A T O N P. L L C . " MATTHEW C. AMES KENNETH A. BRUNBTTlt FREDERICK E. ELLROD ffl MARCIL. FRISCHKORH MITSUXO R. HERRERAt WILLIAM 1_ LOWERY 1155 C O N N E C T I C U T A V E N U E , N . W . S U I T E IOOO W A S H I N G T O N , D . C . 20036-4320 WILLIAM R_ MALONE NICHOLAS P . MILLER HOLLY L.SAURER JOSEPH VAN EATON TELEPHONE (202) 785-0600 FAX (202) 785-1234 t Admitted to Practice in California Only MILLER & V A N EATON, L-I_P. 400 MONTGOMERY STREET SUITE 501 SAN FRANCISCO, CALIFORNIA 94104-1215 Incorporating the Practice of Miller & Holbrooke TELEPHONE (415) «T7-3650 OF COUNSEL; JAMES R_ HOBSON GERARD I_ LEDERER»* JOHN F. NOBLE ** Admitted to Practice in New Jersey Only FAX (415) 477-3652 WWWAOLLERVANEATOM-COM April 15,2004 VIA FEDERAL EXPRESS Ms. Penny Padercwsld Deputy Town Administrator Town of Newcastle 200 South Greeley Avenue Chappaqua,NY 10514 Re: Cable Television Franchise Renewal Dear Ms. Paderewski: It was a pleasure to speak to you the other day. As you requested, I have updated the December 20,2002, renewal proposal we prepared for Mr. Blau. We understand that the Townof Newcastle has joined a group of ndghboring communities that plan to work together ^ regarding the renewal of Cablevision's cable television franchise. This Consortium consists of the Village of BriarclifT Manor, the Town of Mount Pleasant, the Town of Newcastle, the Town of Ossining, the Village of Ossining, the Town of Pleasantville, and the Village of Sleepy Hollow. This letter describes the legal services we could provide to the Consortium in connection with the renewal. You have requested cost estimates for two different approaches the Consortium is considering: the costforourfirmto conduct renewal negotiations with Cablevision, and the cost for our firm to advise a local attorney who would conduct negotiations. In addition, we have provided a detailed description of the renewal process, including other tasks the Consortium may wish to consider. We have also included a rough timetAIe for perfonrdng die various tasks. �MILLER & VAN EATON, P.L.L.C. -2- Miller & Van Eaton has significant legal expertise and extensive experience working with local governments on cable renewals. We work with each government client in the way that is most productive and cost-effective for that client. We are committed to controlling costs and we are prepared to negotiate fixed prices for our services to ensure clients get the woTk they need within their allotted budgets. We have drafted this proposal with the understanding that there are many different ways to meet the particular needs and budget of a community. Renewal Negotiation Options We are prepared to assist you either by conducting negotiations ourselves, or by providing on-call advice. MVE conducts negotiations. If negotiations proceed smoothly, there is no reason why issues should not be resolvable in seven or eight days of negotiation, including preparatioii time. In that case, the cost would be about $15,000-$17,500. However, it is also not unusual for operators to try to drag out negotiations. A key to staying within the budget may be for the Consortium to describe how much effort it will put into the negotiations before moving on with the formal process. In addition, after negotiations are concluded, it takes some time to make necessary changes to the proposed franchise agreement MVE advises local counsel. If we are not directly involved in negotiation, cost will depend on the degree to which the Consortium calls upon us for assistance. We caution that indirect participation is not always the cheapest or quickest route to resolution. Assuming you choose to go that route, we would need to set aside at least 15 hours for preparation, so we can identify some of the key issues the operator is likely to raise and possible responses, and also provide for at least 30 hours of consultation. If those assumptions are accurate, the cost to the Consortium would be approximately $ 12,000. Additional Renewal Tasks In addition, the following description of the renewal process may suggest alternative approaches for the Consortium. When reviewing our suggestions, please keep in mind that the Consortium can pick aud choose among the services offered. We are available to provide as much, or as little, assistance as the Consortium requires on a schedule that meets the community's goals and objectives. If you wish, we can prepare a more specific proposal aimed at meeting a particular budget figure. Background. As you are aware, federal and state laws affect the renewal process. The federal law allows renewal issues to be resolved informally (through negotiation) at any time, or formally, through procedures that are specified in the Cable Act. The Cable Act permits a community that is not able to resolve renewal issues amicably to deny renewal where an operator is not willing to meet community needs and interests for the future; or has provided inadequate �319 MILLER & VAN EATON, P.L.L.C. -3service in the past; or is otherwise legally, technically orfinanciallyunqualified. Communities have successfully denied renewal applying these standards. However, our goal is not to put the Consortium into the midst of an unnecessary battle if renewal issues can be resolved amicably. Rather, our goal is to put the Consortium in a position where it is most likely to be able to resolve issues in a manner that protects the interests of the community. We find that cities as a general matter are most successful if they devote the necessary resources to the renewal process so that they can pursue their position at the negotiating table, while preserving their legal options if negotiations are not successful. To this end, we approach the informal renewal process in four phases. First, we -work with the Consortium through an extensive planning process to ensure that the renewal process will comport with the Consortium's timetable and goals — and with its budget We devise a renewal plan that will determine what the Consortium will do to identify its renewal goals, and when. Second, we implement the renewal plan and in conjunction with the Consortium, develop the information necessary to identify renewal goals. Typically, this requires assembly of a team of experts to analyze various aspects of the system's performance, and its impact on the community. Often mis team will include an engineer, a person who specializes in ascertaining cable-related community needs and interests; and a financial expert The Consortium may contract with these individuals directly, or through our firm. Third, we work with the Consortium to develop the necessary renewal legal documents: generally, a cable ordinance and a cable franchise agreement The former may be adopted unilaterally, but there are important legal issues that the Consortium must consider before doing so. The franchise agreement that we draft typically provides the base from which negotiations proceed- Fourth, we then assist in negotiations as needed. Often we are at the negotiating table; in other cases we provide advice by telephone. Because cable companies are quite good at creating technical escape hatches that at first blush appear unobjectionable, the Consortium may actually find that it is more cost-effective to have us involved at the negotiating table. These tasks are discussed in more detail below. If the negotiation process fails, or fails to result in an acceptable renewal by a deadline the Consortium sets, the Consortium will be in a position to move forward with the formal process because much of the work that is done to prepare for negotiation will also help the Consortium prepare for formal proceedings. As a matter of philosophy, ratified by our experience in prior franchise renewals, we will emphasize close coordination with the Consortium. We will work closely with Consortium officials, so that they are fully informed through each phase of the project. This will ensure that the Consortium fully understands what is being done, and why, and will ensure that each phase is completed to the Consortium's satisfaction. We will assist the Consortium's staff and attorneys as needed, and will be available to brief elected officials and others on the renewal process, what it means to them and what benefits can be expected. �320 MILLER & VAN EATON, P.L.L.C. -4- I As the Consortium finds it appropriate, our firm or members of the renewal project team will also work closely with key organizations and individuals within the Consortium, so that the Consortium is able to identify the cable system, facilities, equipment and services required to meet community needs. This also allows the Consortium to build strong public support for the positions it takes with respect to cable franchise renewal and telecommunications services — which in turn gives the Consortium a stronger position at die negotiating table or in any formal renewal proceeding. Detailed discussion of renewal tasks. A renewal can be as complex or as simple as a community desires, although the result of the renewal process is often a reflection of the resources devoted to the franchising process. Much is at stake. Cable franchises are typically long term contracts, and a properly drafted franchise can bring significant benefits to a community. For example, schools and libraries may be connected via "institutional networks" or "I-Nets" that allow students to engage in distance learning and allow administrators to exchange data at high speeds, saving on overall telecommunications costs. I-Nets can be used for training purposes by a local government (and particularly its public safety departments) in a way that cuts costs and allows more employees to remain at local stations where they can respond to emergencies. Of course, what a community needs or may want depends on its circumstances. As suggested above, wc work with communities to devise a sensible renewal process designed so that the community is in a better position to achieve its renewal goals. The work may involve the following tasks, some of which would be done by outside experts, and some of which may be performed by the Consortium- The cost to the Consortium depends 0:1 what work is performed; what work the Consortium does itself, and what work it hires others to do. In Phase I, the planning phase, we typically do the following: I • Review relevant legal background documents, including each community's charter and code of ordinances, the existing cable franchises, and any documents underlying the existing franchises, if relevant (a proposal that is incorporated in the franchise by reference, for example). • Meet wim tlie Consortium to begin to develop a plan for renewal that comports with law, and to probe issues that are of critical importance to you. As part of this process, it may be appropriate to conduct a seminar on renewal for elected officials to discuss what is possible and what is involved in the renewal process, so that elected officials understand what is at stake and how renewal is likely to proceed. * Devise an overall timetable for action, and an initial "drop dead" date for negotiations. • I Identify what studies are to be performed and who will perform them [see discussion below for possible studies]. That is, we will define what will be done as part of the process of determining what is required to protect the communities and their citizens �321 MILLER & YAK EATON, P.L.L.C. -5for the future. This "ascertainment" process can be spread out over any period of time. The Consortium may choose to conduct some preliminary studies (enough to determine what is needed for the future with reasonable confidence) in order to facilitate negotiations, and then go back and perform other studies to complete the process should negotiations prove fruitless. The studies that are probably most appropriate to perform before negotiations begin are identified with an asterisk, but whether the Consortium performs any studies will depend on its goals. • Develop a strategy for preparation and introduction of the necessary legal documents. • Identify areas mat are likely to require special input from the Consortium in order to prepare adequate legal documents. For example, EEO requirements need to conform to general Consortium requirements; provisions for use of the right-of-way by cable systems need to be consistent with the Consortium's goals for protecting its streets and roads from harm. • Develop a plan for community involvement, determining how the press will be involved in the process, and how the public will have the opportunity to participate in the process. This critical portion of the renewal process usually costs between $9,000-$13,0OO (about 35-50 hours of work if a seminar is conducted for the Consortium). Costs are tower if we do not conduct a seminar, but substantial benefits may also be lost. In Phase II we implement the plan devised in the first phase for identifying future cablerelated needs and interests and for reviewing the operator's past performance. The cost for this phase can vary dramatically, depending on how much work is performed, and when. As suggested above, we typically recommend that a community perform at least enough studies so that it can negotiate a franchise that serves its needs, and resolve the most critical past performance issues. Should negotiations not work out, additional studies can be performed later to identify additional issues. Future Needs. The Phase II studies aimed at identifying future cable-related needs and interests can include the following: • Public, educational and government access ("PEG") ascertainment* A PEG ascertainment will identify the possible benefits of PEG access, and the channels, facilities, equipment and other support required to meet the PEG needs of a community over the franchise term. It may also identify ways in which the communities can cost-effectively provide the operation of PEG themselves, through non-profits or through other community organizations. A PEG ascertainment may be particularly valuable in this case, as we understand that the communities may have �MILLER & VAN EATON, P.L.L.C. -6different needs. A PEG ascertainment for a group like the Consortium typically costs about $20,000-525,000. • I-NET ascertainment.* An I-NET ascertainment identifies the way in which local government, schools and other critical agencies can use the cable system for oue and two-way voice, video and data communications. A good I-NET can cut existing communications costs, or permit the Consortium to provide services it cannot provide now. An I-NET ascertainment will typically cost $15,000-520,000. The cost of the ascertainment will be somewhat greater because multiple jurisdictions are involved; we estimate S25,000-$30,000. • System ascertainment.* A sykeiri ascertainment looks at the existing systems and identifies what changes are required to ensure that the public will receive adequate service in the future. The cost of the system ascertainment depends on whether the ascertainment involves physical inspection of facilities; testing; review of operator performance tests; or all three. We typically decide what is appropriate after discussions to determine what sorts of problems the public is experiencing. It is probably wise to inspect the physical condition of the system for compliance with safety codes. A detailed physical inspection of a single system typically costs arjproximately $10,000-$15,00O. Assessing multiple systems can be done in that price range, but not very effectively. A good multiple system technical review will cost $20,00O-$25,000. • Subscriber ascertainment In an important sense, every step described above is part of the subscriber ascertainment However, we are using the term here to refer to a process for identifying any problems subscribers have with the day-to-day operations of the cable company: the quality of the signals, the response to complaints, and so on. Some communities conduct telephone surveys to measure subscriber satisfaction. While such studies have some uses, they are in fact of limited utility in determining whether the operator has provided adequate service, since the answers received are by definition from people who have decided that the service is worth taking, whatever the problems with it Hence, surveys typically suggest there is a high level of satisfaction with the operator, even when complaint records and public comments indicate otherwise. An alternative to a telephone survey is a mail survey. Some communities eschew surveys altogether and opt to receive public comment through a variety of informal methods (a telephone hot line, newspaper ads, etc.) The work associated with such informal ascertainment methods is typically performed by Consortium staff, at very low cost. A telephone survey will cost approximately SI 1,000-S12,000, while a mail survey may cost $12,000-$ 14,000. These surveys would provide aggregate data for all of the communities. • Review of thefinancialcondition of the operator. Such a review can help the Consortium determine whether the operator can afford to do what the Consortium is I I 322 �323 I MILLER & VAN EATON, P.L.L.C. -7asking it to do. Afinancialreview will typically cost approximately $8,000-$15,000, depending on the detail. However, it may also be possible to do a preliminary review at a much lower cost ($2,000-53,000) in preparation for negotiations, or to defer any review until necessary. • Review of community practices. In this portion of the ascertainment, we examine how each community is addressing issues that may affect the renewal: its EEO requirements, its procedures for undergrounding and permitting, and similar issues (what indemnity should be required? how should insurance requirements be structured?). Assuming the Consortium participates actively in this process, the cost is approximately $1,500 per community, or $10,500 total. Past Performance. The Phase H studies aimed at reviewing the operator's past performance can include the following: • Development of a compliance checklist* The checklist can then be used by the Consortium to identify areas of operator non-compliance. The cost of preparing a checklist is typically about S1,000$ 1,200 per community on top of Phase I costs, or about $7,000-58,400. The cost may be lower if the communities have identical or similar franchises. • An engineering review of past performance.* The cost of this review is typically included in the price of the engineering review described in the preceding section. • A review of operator records to determine whether the operator has complied with its obligations to the Consortium. This work might include: • a franchise fee audit, which we understand most of the communities have- done; • a review of the manner in which the operator has charged for late fees, and the support for the operator's approach; and • a general review of the operator's day-to-day operational records. The cost of the past performance review can also vary significantly. A franchise fee audit will typically cost approximately $15,000 per community. A review of late fee information may cost approximately S2,000-$4,000 per community. (There may be significant consumer benefits from a late fee review, since some Tecent decisions have required operators to repay significant amounts for late fee overcharges.) Depending on the scope of the work rxsrformed, a review of the operator's records can cost between $4,000-$ 10,000 if performed by outside consultants, or about $1,200 if performed by the Consortium with the assistance of outside counsel. i S H H ^ �MILLER & VAN EATON, P.L.L.C. -8- Based upon these studies, we would be able to work with the Consortium to identify its renewal goals, and areas where the operator must bring itself into compliance (by altering its system or by paying cash settlements to the Consortium). Phase IQ involves the preparation of necessary legal documents associated with the renewal. While for descriptive purposes I have described this Phase as occurring after Phase II, in fact the work associated with this Phase may occur before, during and after Phase II is completed. Phase HI work typically involves drafting a general cable ordinance (part of each Consortium member's Code) and a franchise agreement (a contract wrm the operator). The ordinance can be prepared immediately, and can be adopted before negotiations begin (tactical and legal considerations will affect the ultimate decision as to when to adopt a cable ordinance). The franchise agreement will typically be drafted before negotiations begin, and will provide the base from which negotiations proceed. The cost of preparing a draft ordinance is about $7,000; the cost of preparing a draft franchise agreement is also typically about $7,000. We assume that all of the communities would be able to use the same model documents. Phase IV involves negotiations. We discussed the cost of negotiations at the outset Timetable It is difficult to establish a precise timetable in any franchise renewal because it is not possible to anticipate at the outset all developments that may affect the pace of the project. For this reason, the Consortium cannot entirely control the length of the renewal negotiations. We are proposing a sample timetable for a typical franchise renewal. Although the timetable would need to be discussed in light of the impending franchise expiration, we have projected a 24month timeframe for completion of the renewal process. Although we may not be participating at every stage of the renewal process, we have sketched a framework that would encompass each key stage. Months 1 -6 Review franchise documents; refine proj ect timetable, identify studies to be performed and develop goals; commence detailed review of current cable documents; commence drafting model cable regulatory ordinance. Months 7-12 Carry out performance review and cable-related needs assessment as needed; draft franchise agreement; develop strategy. Months 13-20 Conduct renewal negotiations with operator. �325 MILLER & VAN EATON, P.L.LX, -9- Months 20-24 Piiblic hearings held on proposed cable ordinance and franchise agreement as agreed to in negotiations, or, if negotiations fail, take appropriate steps pursuant to federal law. Billing Rates As noted above, the cost of renewal activities will depend to a large extent upon the Consortium's decision as to how the renewal process is handled. We therefore, generally bill for renewal work on an hourly basis, plus expenses, and are available as needed throughout the process. Our current discounted hourly rates for renewal projects are listed below. The rates typically change annually. 250 225 250 210 250 225 250 250 320 210 175 320 Matthew C. Ames Kenneth A. Bnmetti Frederick REUrodm Marci L. Frischkom James R. Hobson Gerard L. Lederer William L. Lowery William Malone Nicholas P. Miller John R Noble Holly Saurer Joseph Van Eaton If you should have any questions or require additional information, please contact me at (202) 785-0600. Thank you for your consideration. Very truly yours, MILLER & VAN EATON, P.L.L-C. By 8691\02\00101120.DOC �Meeting Date: 09/14/04 Resolution # : 09/160/04 Be it resolved that the Mayor and the Board of Trustees does hereby approve the appointment of Armster Garrant, 126 Valley St/Sleepy Hollow, New York as a School Crossing Guard effective 02 September 2004 at rate of $11.00/HR. Moved: Trustee DiFelice Seconded: Trustee Murray Vote: Unanimous �327 I Meeting Date: 09/14/04 Resolution # : 09/161/04 Be it resolved that the Mayor and the Board of Trustees does hereby approve a pay increases for the Administrative Assistant to the Chief of Police: Amestia Douglas Moved: Trustee Grala S16.00/HR. Seconded: Trustee Spota Vote: Unanimous Meeting Date: 09/14/04 Resolution # : 09/162/04 Be it resolved that the Mayor and the Board of Trustees does hereby approve a pay increases for the following School Crossing Guards: Theresa Connelly John Lofaro Silvia Copas Louise Sharrock Moved: Trustee DiFelice I $13.25/HR. S13.00/HR. $12.25/HR. S12.00/HR. Seconded: I rustee Grala Vote: Unanimous Meeting Date: 09/14/04 Resolution # : 09/163/04 Be it resolved that the Mayor and the Board of Trustees does hereby approve a pay increases for the following Parking Enforcement Officers: Carolina Mejias Arthur Reeves Moved: Trustee Murray $12.00/HR. $12.00/HR. Seconded: Trustee Zieja Vote: Unanimous I � 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-2004 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_2004-09-14 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/127ee4d35c089e17449b85408d6efa28.pdf 9350193ac96ed868c4c2ca28ed317c7c PDF Text Text A special session meeting of the Board of Trustees was held on Tuesday, September 21, 2004 at 7 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, iNew York. Present: Mayor Philip E. Zegarelli Mario DiFelice Richard Spota Andrew Murray Richard Zieja Kay Brown Grala I 328 Trustees Mayor Zegarelli welcomed Robert Meehan, Town of Mt. Pleasant Supervisor who introduced his board members, Stephen V. DeMicco, Peter DeMilio, Joan Maybury, and Thomas Sialiano. Trustee Grala read the attached public hearing notice regarding the annexation of Phelps Memorial Hospital. Keith Safian, President and CEO of Phelps gave a brief explanation and Steve Silverberg, Counsel for Phelps went over the procedural issues. Andy Tung, Project Director, described the project regarding the annexed land giving a brief overview of Project 2004 showing outline of drawings. There w ere no comments from the public. Trustee DiFelice moved, seconded by Trustee Spota to close the hearing, carried. Town board member Ms. Mayburry moved, seconded by Mr. DeMicco to adjourn the joint session, carried. Town Attorney commented that the final maps need to be filed with the Village of Sleepy Hollow and the Town of Mt. Pleasant. i Trustee DiFelice moved, seconded by Trustee Murray to move out of executive session previously held, motion carried. Mayor commented that no formal action was taken during executive session. Mayor Zegarelli called the regular meeting to order at 8 pm with a prayer and pledge to the flag. He asked that everyone remain standing for a moment of silence for Dr. Daniel Gallagher who passed away recently. The Mayor presented Attorney Robert Spencer with a sole effigy to thank him and his wife for their willingness to help both villages for many years whenever needed. Robert Ponzini, Village Attorney, commented that he worked with Robert Spencer for many years and he has always been available to help others. I * * «!*;*iiw-_.«S l .^-.i,Rt-*S.-E*1i i-s^as^jt^s^^mttsuimit&SSi^^^iAimSaS&a^^^^ �329 Approval of Minutes Trustee Zieja moved, seconded by Trustee Murray to approve the minutes o f August 10,2004, motion carried unanimously. Trustee Murray moved, seconded by Trustee DiFelice to approve the minutes of the Special Session of August 10, 2004, motion carried unanimously. Trustee DiFelice moved, seconded by Trustee Spota to approve the minutes of August 17, 2004, motion carried unanimously. Public Hearings Trustee Zieja read the attached public hearing notice regarding Reservoir DEIS. Dave Smith, Planning Consultant from Saccardi & Schiff provided an overview of the proposal. He commented that the public hearing notice was circ-ulated and he will provide affidavits to the Village Clerk. Mr. Smith commented that verbal and written comments will be taken for fourteen (14) days after this hearing. Jim Hamilton of 132 Bedford Road had several questions regarding the reservoir such as the height, population of the village and the need for this reservoir, etc. Lucy Wiletsky of 1301 Bedford Road had concerns about the expansion and opposed the location and presented a letter to the board. (Part of official record) Ben Steven of Stillman Lane also objected to the proposed location. Mayor Zegarelli commented that he is concerned that people feel that this is a major obstruction and stated that the board will extend the verbal and written comment period until October 12, 2004. Trustee Spota moved, seconded by Trustee Zieja to close the public hearing, motion carried. Trustee Murray read the attached public hearing notice regarding Senior Housing Zone. Dave Smith gave an overview of the proposed text. There being no public comments, Trustee Spota moved, seconded by Trustee Crala to adjourn the hearing to October 19, 2004 meeting, carried. Trustee Murray moved, seconded by Trustee Crala to approve the re-draft of the Tree Ordinance at the October 19, 2004 worksession. Approval of Warrants Trustee DiFelice moved, seconded by Trustee Spota to approve the warrant of September 21, 2004 subject to review, approval and signatures of the Mayor and Acting Village Treasurer, motion carried. Amount of the General Fund is S448,096.43, total of the Water & Sewer Fund is S4,484.41, Capital fund total is S26,91835 and the Parking Authority total is S2342.45 �Public Comments Several residents of Margotta Courts expressed concerns regarding the parking lot and whether or not the village would be giving this lot back to the North Tarrytown Housing Authority. They also felt that the meters along that portion of Valley Street should be removed since this is a residential area. The Mayor commented that we will have the Police Department cover the meters for a short period of time and we will see how that works out before removing them. The concern for not having meters along that stretch is that the people going to the train station would be parking there. Mario Belanich asked about the sewer rent which appeared on the water bills. The Mayor commented that our sewers are in need of repairs and it is very important that we have this work done. Mayor's Report Mayor Zegarelli commented that we have received a supplemental report on the Housing Authority. We have received a Notice of Claim regarding the two individuals who were injured in the blast that happened on Valley Street and it has been turned over to counsel. We have received a thank you letter from the Rock of Salvation Church for the use of the park. We have received a request to hold skate boarding in the parks. We will have to review this possibility. Trustee Reports Trustee DiFelice read the attached Public Works report. Trustee Spota commented that the Public Safety Committee will be meeting on Monday, September 27th at 7:30 pm. The New York State Safe & Sober Campaign was conducted from the 27 th of August through the 12th of September. Our Police Department participated in the campaign by conducting 26 traffic details which resulted in 115 New York State traffic summonses. Officers Corona and Hennessey successfully completed the auto injection training course. Chief Warren attended seminar dealing with unacceptable employee behavior. Trustee Spota commented that we received a thank you note from Father Mazza from the Immaculate Conception Church thanking the Police Department for their help during their recent bazaar. �331 Trustee Grala reported she is working with the cable consortium to go over the responses to the cable survey that had been sent out. Trustee Grala commented that the Village of Sleepy Hollow and Tarrytown will be sharing the cost of the rebuilding the Warner Library steps. The Trailways Committee has now been formed. Trustees Zieja and Murray had no reports. Administrator's Report Dwight Douglas commented that the board w ill be adopting the revisions to the Taxicab ordinance tonight. (See attached resolution) Resolutions-Attached There being no further business, Trustee DiFelice moved, seconded by Trustee Murray to adjourn the meeting, carried. Respectfully submitted, Angela Everett Village Clerk 4 �332 NOTICE OF JOINT PUBLIC HEARING PLEASE TAKE NOTICE that, there shall be a joint hearing of the Town Board of the Town of Mount Pleasant and the Village Board of the Village of Sleepy Hollow, in accordance with Article 17 of the General Municipal Law, on September 21,2004 at 7 P.M. held at the Village Board Meeting Room, Sleepy Hollow Village Hall 28 Beekman Avenue, Sleepy Hollow, New York 10591 for the purpose of considering the petition of the Phelps Memorial Hospital Association to permit the annexation of approximately 5 acres of vacant land, lying west of Route 9 and north of the Phelps Memorial Hospital, from the Town of Mount Pleasant to the Village of Sleepy Hollow. Copies of the Petition are available for inspection at the Mount Pleasant Town Hall and the Sleepy Hollow Village Hall. I Dated: August 30, 2004 -•o By Order of: Robert Meehan, Supervisor Town of Mount Pleasant And Phillip Zegarelli, Mayor Village of Sleepy Hollow I 767025.1 I * ^JT^^J^I-'ALJS?, JivitirfJfqG, * ^ J t ^ S ^ f f i l S J i l t f f i ^ ^ �r* r\ r\ vU3 I ' AFFIDAVIT OF PUBLICATION from I TATE OF N^V YORK OUNTY OF WESTCHsSfEft Northern Ansa Nodh Salem QZ3E3DQQE£ CmifjmJ crass s « r CimmPJt> CSiufci on Bnfcon finlrtPTrr Badge ^ a u t e Spaces JSfenzr,*itey /J], IfU>Of\ ^ ?tv»fr>cg ouiy sworn, says that hefthe is the pnnc^ai cteri News, a newspaper ptfcfished in Ihe Ctxrty of ¥ Stele of New Ybik, and toe notice o f ^ * * * * f a Dated September 1.2TJM • By Order of; pmied copy, was pubfcbed in the newspaper i t Robert Maehan. Supervisor lea and en 1ne dates chested below: Town of Mount Pleasant PeeScsU Poond RSdgs Psoys Sf'iwryr*:1, Sbn*>Cak Sones SoolhSafcsc Yexpiacct: Ufacsabuc Irt rtl ITI TI T^tTT' And! PhHSp Zegareffi. Mayor j ViSaoe of Sleepy rteSow' ftwaa tfearj^! Camel CoH Spring • 1 LatePeetafcB 2 4 3 5 6 7 8 9 10 Ti«2 13 14 15 I S 17 ^ f * ™ « . 1 31 2D 2 1 2 2 2 3 2 * 25 2 6 2 7 2 8 29 3 0 1 1 X Mohegan I d t e MoontKts2> AM) VILLAGE BOARD OF THE VILLAGE Of SLEEPY HOLLOW PLEASE TAKE NOTICE flat there shaB be a j o i n hearing of ihe Town Board of the Town of Moust Pteasant arvj the VTBaoe Board of the VUiaga of Sleepy HoHcw. in accordance with Arb-. de 17 of the General MunicipalLaw. o.i Septanber 21.2004 at 7 i PAt. held at the Viiage Board. Meefcg Roan. Sleepy Hoflowi VBaje HaB. 23 Beeiman'Avenue.« Sleepy Hollow. New York 10591 for ihe purpose of considering, the petSon ri the Phelps Memonal Hospital Association to permit the annexation of apprcjdrnatery 5 acres of vacant land, M n g west of Route 9 and north of the Phelps Memorial Hospital from the Town of Mount Pleasant to the VHIaoe of Steepy Hollow. Copies of the Petition are available for inspection at the Mount Pleasant Town Ha5 and the ; Sieepy HoBow VHage H a l (The Journal Ncuis A i m wi. BattwaPtace Bedfasi Oi'tftid H&s BtfiScS* Ifenor I n u i t t O F JOINT PUBUCHEAfflrK TOWN BOAK) OF THE TOWN Central Area A&StBf on Hudson DobdsFenv 5r SEL Feee»«S i Ptnbase ^>e / V K SgnscC^- M3SHQQS CD HOD^DR - MQORX KSOT1 NevADCfidB - Swom to beiure roe ifea SOUESTI BtsuxeJ: Q{jiFli-^S Patcadcs Psart niw_- rtf C^-pWcrJacf Peraona t? /n.' SpEBfeSGr. htotaryPxi^ Westchester County S o n y Point MEwCcy Nyasfc ^ Tappan Ttass leBrissCOve "VSafeyCoeage WW Tl 1 1 I wes=Nya=k l» LOLA M. KALL : NOTARY PUBLIC. STATE OF NEW YORK NO 01HA6*i12o93 _^ QUALIFIED IN WESTCHESTER COUNTY TERM EXPIRES JULY 6, 2003 _20.££t I �/'//if I VILLAGE OF SLEEPY HOLLOW PUBLIC HEARING NOTICE PLEASE TAKE NOTICE that the Board of Trustees of the Village of Sleepy Hollow will hold a public hearing on Tuesday, September 21, 2004 at 8:00 pm or soon thereafter in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591, to hear and discuss information contained in a Draft Environmental Impact Statement (DEIS) on the proposed improvements to the Village's water supply infrastructure including expansion of the available capacity of the reservoir, upgrade of the current pump station and distribution system. All residents and parties in interest are entitled to attend and be heard at said hearing. Hearing is accessible to the handicapped. BY ORDER OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLO^V I Dated: September 3,2004 Angela Everett Village Clerk �335 I AFFIDAVIT OF PUBLICATION from She Journal Nems STATE OF NEW YORK XHJNTY Or W=iSTCH=y iai . Northern A R M finsxK&k Anoonk 3aUwnBace Bated flt-tBnrd I'DSs . Crass Rwer CatmFafis C n k n an Hudson GoUoss BodOE? (aiQiaavB SED3CS Jeficxson VtAey KakJEQh Mohesmlate NodhSafcsn Qssnog Peefcsta PoondF&dge Pnrtys Stemcoafc Shrub Oak Somes SooftSaero -Vferpfcncfc Wdcsabuc J»ng r^rvc^ Hk drty sworn, says that he/she is the pnrxajpei cleric of The Journal Y VQV*J^JX1. News, a newspaper published in Ite County of Westchester and Stae of New Yctf; and the notice of which fte annexed is a prated copy, was punished in the newspaper ndcstedonthe left and on the dates checked below: ' Y D D B M D HeinhE tfear. 3&H M^ ** C x o & S ^ Camd CoKSpnng Gascon LaitePeeksfcB 1 6 2 10 8 T3X- uatepasFals PuaamVaiey * Mount Ke=> 2D 21 23 24 25 27 _ i^ 2 0 1 <\ VBXAGEOFasPYHOomv , RIBUCrSAHJNG NOTICE CenbalAica Af&JCy AitisteyonHuf m Dodos F a r r f l :• .nfi"* 1 PortCbesfcr Parctase ** Hanson ttxcdufe ri Pl£A5E TAKE tiOTEE Ibat Board iol Trusses o» ire ViBaca tf Sleepy Hotew " 3 h * 1 * £ * £ « « • hearing on Tuesday. September 21, 2 0 0 4 . * 8S0 pre or soon thereaftertoVBaoe HaS. 2B8e«man Avenue. Sleepy HoSow. New Vort 10581. ta 1 »»[*" , . o l s " cuss iiiluuMticn crxomed n « Ora«i EmTrontnena Impaa Srawnent EBSJ on rhe proposed improvBmetas K> trie Milage's waiet suppry «*3stnjaufs inducing, Brpans-on cf 6 e W aKe capariry cf tfae reservoir. *$-. graoe of rM current currp station sni rSsrnbuSon system. ' X 1 Tin2i3 •whshehrr Signed . r f r ^ InpnoKki HastingsCTJHuiijiAj AS resideas and partes in tea;, est are eraMed o asend and xx heard a said hearing . MJ1MIJIM3J. <Itorirg is accessible to the handcappcu- SoutiKfTPArea eyoaoEHOfne 3OABO0? TRUSTEES CFTrS VU.4GE OF SLEEPY H0UOY.' Mtaont Vemcn ' Dated: Septerrter 3.2SM Apoeia Lieisii VJUoeDerk Pcftsni Sworn to before me Socttajsri Ansa SOSESH Btewec Congas ?*LU>OClcl Ss3fc£ Spring « y S 0 * y Poire Hscocn New Csv &ZSA rS»er !i Notary Pubfc, Couity i Tappan Tbeis ! \Safcy Dosage 1 wesv^rad: i ! LOLA M.HALL NOTARY PUBLIC. STATE OF NEW YORK NO.01HA6112693 , OUAUHED IN WESTCHESTER COUNTY TERM EXPIRES JULY 6, 2003 I �Proposed Statement to the Village Board » Mayor Zegarelli and Members of the Village Board: I am pleased to have the opportunity to appear before you and to voice my concerns about the expansion of the reservoir in the Rockefeller State Park Preserve. I ,.,....,.. ...... ....",... ..... The Preserve is a unique asset for the public, for this community, and for the wild life and flora which inhabit it. Itiis also, as the draft EIS acknowledges, a Critical Environmental Area, so designated by the County of Westchester, whose fragility must be understood and acknowledged.^ " The existing reservoir site is accessible by way of the Overlook Trail, one of the carriage paths in the park. The length of this path, which runs from the reservoir site to Bedford Road, is, in accordance with the DEIS, approximately 6400 linear feet, more than a mile, through which construction material and trucks would have to run for an estimated four months, in order to construct the new facility. j According to the DEIS, construction of the reservoir would require clearing the 4800 square foot area of the new facility, as well as regrading of approximately 41,000 square feet (almost an acre). A laydown area will be required for placement of the steel sheets for construction of the reservoir, of approximately 10,000 square feet. The wooded area on the site would need to be cleared. The total limit of disturbance during construction would be approximately 54,680 square feet (considerably more than an acre). There is no assurance that blasting would not be required to remove rock. -/ The 1982 Master Plan for the Rockefeller State Park Preserve did not contemplate this sort of intrusive activity. Instead the Master Plan's objectives were the preservation and interpretation of natural features, habitat, and views. The proposed "mitigation" of a water line to Park headquarters and a landscaping plan that would have to be developed, seems somewhat inadequate when compared to the adverse impacts which the DEIS so graphically describes, and which I have summarized. ^ J . • . ... „ - . : • . . ...... , • / . " ^ The DEIS concedes that mere are other locations on which a new reservoir could be located. There is, however, no extended discussion as to why these alternate locations are considered inappropriate. There is a cursory dismissal of locations involving private property, which might well serve equally to insure an adequate water supply to the Village without the proposed disturbance to the Park Preserve. Surely the public deserves to know and understand better why these alternate locations were discarded. I would urge the Board to require a greater discussion of these alternates in a Final Environmental Impact Statement so that we all may be able to better participate in the discussions which would lead to a final determination. In the absence of such ' information, I can only state my opposition to the proposed location of the new reservoir facility, and my deep concern for the disturbance to this wonderful facility. �337 U II -^ I VILLAGE OF SLEEPY HOLLOW NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Sleepy Hollow will hold a Public Hearing On Tuesday, September 21, 2004, at 8:00 P.M. or soon thereafter in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to consider proposed zoning text amendments to the Village Code including the creation of new zoning language that would allow for affordable senior housing as a special permit use in the R-5, R-6 and C-2 zoning districts. A copy of the proposed code revisions is available upon request at the Office of the Village Clerk. All residents and parties in interest are entitled to attend and be heard at said hearing. The hearing is accessible to the handicapped. I BY ORDER OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW Dated: September 3, 2004 Angela Everett Village Clerk I �UAIJC l * aLUWf HOLLOW rJOUCE Of PU3UC PU3UC 1SARM' HEARTS '•u net Or AFFIDAVIT OF PUBLICATION m ^sM P t f A S s j M t K T T S E : thai thel Board 01 Trustees of tha Vaage of Seepy Hollow win hoM a Pubi c Hearing On Tuesday September 21. 2004. at 8tt> P.k or soon thereafter in vaage HaJ. 23 fceetman Avenue. Sleepy Hollow. I New York to consider proposed foniag te« amenimeos to the village Code including the creation of new zoning lanouage that v.ouid aBo-w for affordable i seraoi housing a 3 special per-! ret use in the R 5. B-6 and C-2 • zoning districts. Che Journal News ISTATE OF »BW YORK XXJNTYOFWEST •CH=Sit=H A copy of the proposed code revisions is available upon request at the Office of the Village r w v Northern Area Anwtfc Amonftr BqjrArjp Place . Bf^Bi S^^Hd i u s S^Bsfttancr BtflBan CassS-.^ CUnnFiafc CsstoQ on Hudson Gotteis Bodge G o n e Songs JEfiecan VSstley KiilXIdll North Satem Qssnng Peefcs« PnndRidas PnRijS Shenorpck SrabQak SotneEs SodbSatero _G\ gProc-neiL. j £ * ]ii22CL Dated: September 3.2004 teft and on the dates checked below: vSgST' Vtsptaoci: Yifacmjuc ^fodCKNR? HFTUrlJ'S Breaeter CanaeJ OoH Spring Late Pit*'JLD Mount KESD . The tearing is aceessbte to the duty sworn, says that he&he is the principal cleric of• handicapped. News, a newspaper ptfifisted in the Cotrty of W ^ " £ " 8 " ™ ^ T F = Stale of New Yoric, and the nofce of which the atme VUAGE «sum HOUOS prated ccoy, was published m the newspaper resca AA:^ r*r&*VMh> GSXBSOR MoheganLafcp McracsB M resideras and parties in interest and ensiled to attend ar-d be heard at said hearing." Urtrygi Fats Punam>tefey Panssoc; 3 4 £ 6 >fear?c^\ 7 8 9 1 0 Tl H2 13 14 «5 H6 1 7 1 8 * J I 1 * 19 20 21 2 2 23 24 25 25 27 2 8 29 30 31 • Central Area Artisiey /tafcteyoDf-fcxfcon DobteFaiv JtersantoBe Pot Chester Pntfase —-m i . , T Oye ' Qeota^i itanson | 1 | Scac»te Signed.i5l2_ HBifcgs C P Hu Ism SouBgraArea Ift irrr Venn* g=jMi^nwanajr PCftEBQ Sworn t o before me 20XLL So&Gzn Stawefi Congas Haocessaw IHUULU Karey-' MwrCey PB3Ji rfWET 1 yLLil.Kk^ S p a n g XSSey SEKWir^OKnS Nalary Pubfc, Westchester County Tafcnan Tappan 13BS YaieyCcsage WesKatfessar WesNyask LOLA M.HALL NOTARY PUBLIC, STATE C-c r JEW YORK NO. 01 HASH 2553 QUALIFIED IN' WESTCHESTER COUNTY TERM EXPIRES JULY o. 2JG3 ' �339 I Public Works Report September 21, 2004 Tree pruning and removal is ongoing. The repairs to treet lites that are not working is ongoing. The start of the leaf season will start very shortly. THEREFORE, STARTING OCTOBER 15™ UNTIL THE END OF DECEMBER OR THE FIRST SNOWFALL LEAVES SHOULD BE PLACED ALONG THE CURBS TO BE PICKED UP WITH THE VACUUM. Wood chips and mulch is available to village residents at the GM site. Making repairs to deteriorating curbs. The painting of parking space lines and handicap spaces is almost complete. Repairing the storm drain system on route 9 which is a state road. I We will be rebuilding the steps to the Philipse Manor station. A dead tree will be removed at the Philipse Manor station which will make room for approximately three more spaces for village residents who take the train. The gates at Douglas Park are almost completed. New electric service will be installed at Kingsland Point Park. Upgrade for underground utilities for Lawrence Avenue is scheduled for April 2005. The fire hydrants have started to be repainted throughout the village. I ^ * U i V i.; -*^t*f^5^-.*i*w.'r.,rt»-j«riAMI«S*SMs>4Stt*^ �34D Meeting Date: 09/21/04 Ucsolutiun #: 0 9 / 1 6 4 / 0 4 I Be it resolved that the Board of Trustees does hereby call for a Public Hearing on Tuesday. October 19. 2004 at 8 pin or soon thereafter to exempt from Village taxes, which are controlled by the said Village Trustees, to the extent of 50% of its assessed value at its sliding scale. Pursuant to the provisions of Real Property Tax Law Section 467.1 para (b) para (1). Properties owned by persons 65 years of age or over who comply with provisions of Section 467 of the Real Property Tax Law as to occupancy, income, length of ownership or otherwise. Moved: Trustee DiFelice Seconded: Tr u s t e e Spota Vote: Urtanrm° u s �341 R e s o l u t i o n §-. 0 9 / 1 6 5 / 0 4 September 21,2004 RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF POCANTICO HOME & LAND COMPANY, LLC TO DEDICATE WESTVIEW CIRCLE TO THE VILLAGE OF SLEEPY HOLLOW WHEREAS, on April 15, 2004, the Planning Board of the Village of Sleepy Hollow adopted a resolution granting final amended subdivision approval to Pocantico Home and Land Company, LLC; and WHEREAS, construction of an eleven (11) lot subdivision on an approximately 11.9 acre parcel located along County House Road and Bedford Road in the Village of Sleepy Hollow has been completed; and WHEREAS, a final subdivision plat has been filed with the Westchester County Clerk's Office, Division of Land Records on or about October 9, 2002 and the street to be dedicated hereunder, namely Westview Circle, is shown on the recorded plat; and WHEREAS, Pocantico Home & Land Company, LLC has offered Westview Circle for dedication; and WHEREAS, the Village Engineer has inspected said road being offered herein and finds the road acceptable for dedication; and WHEREAS, on July 13, 2004, the Board of Trustees executed an Easement Agreement with Pocantico Home & Land Company, LLC in regard to certain maintenance obligations and other protections for the Village in regard to Westview Circle; and WHEREAS, on August 17, 2004, the Board of Trustees of the Village of Sleepy Hollow held a public hearing pursuant to Village Law § 6-614 for purposes of consideration of the Village's acceptance of the offer of dedication of Westview Circle heretofore made by Pocantico Home & Land Company, LLC; and due regard having been made to same NOW, THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow hereby accepts the offer of dedication and conveyance of Westview Circle, a description of which is provided on Schedule A annexed hereto: and it is further RESOLVED, that the acceptance of the offer of dedication of Westview Circle is subject to the following conditions being satisfied by Pocantico Home & Land Company: 1. Furnish a two (2)-year road maintenance bond to the Village in the sum of S60.000.00 in a form acceptable to the Village Attorney: 2476/82/26134M V2 9 / 1 6 * 4 �342 2. Dedication of the drainage, water, and sewage easements associated with the road; j . Provide a title report to the satisfaction of the Village Attorney; 4. Provide satisfactory proof that all mortgages and liens have been released from the lands dedicated to the Village; I 5. Provide a deed along with a Schedule A describing the property being conveyed subject to the satisfaction of the Village Attorney; 6. Provide proof that the easement agreement in regard to two (2) masonry walls was recorded on or about July 14, 2004, in the Westchester County Clerk's Office, Division of Land Records; and it is further RESOLVED, that the acceptance of the dedication of Westview Circle will only become effective upon the submission to the Village Attorney of the documents referred to above; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this resolution. Moved: Trustee Spota Seconded: Trustee Grala Vote: Unan imous I 2476.02/2613W V2 9/I6.UI I .,», -*ci »,»**, *, tatt»--Jui«.iaAS*'Si!»^SKtiAft'tJj45»s �0'. 343 STP.23.EC04 li:59A--l KEATG ?. BEflTC R e s o l u t i o n #: 0 9 / 1 6 6 / 0 4 H 0 9 1 ? p ,,. September21,2004 RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF POCANTICO HOME & LAND COMPANY, LLC TO DEDICATE PREMISES KNOWN AS "THE OVERLOOK PARCEL" AND "THE OPEN SPACE PARCEL" WITHIN THE COUNTY HOUSE ROAD CLUSTERED SUBDIVISION TO THE VCLLAGE OF SLEEPY HOLLOW WHEREAS, on April 15, 2004, the Planning Board of the Village of Sleepy Hollow adopted a resolution granting final amended subdivision approval to Pocantico Home and Land Company, LLC; and WHEREAS;, construction of an eleven (11) lot subdivision on an approximately 11.9 acre parcel located along County House Road and Bedford Road in the Village of Sleepy Hollow has been completed; and WHEREAS, a final subdivision plat has been filed with the Westchester County Clerk's Office, Division of Land Records on or about October 9,2002; and WHEREAS, there exists, within said subdivision, a tract of approximately .46 ± acres at the vicinity of Bedford and County House Road, known as "the Overlook Parcel;" and WHEREAS, there also exists, within said subdivision, a tract of approximately 1.07 acres with a storm water detention facility (the "Open Space Parcel"); and WHEREAS, Pocantico Home &. Land Company, LLC, by letter dated June 10,2004, has offered the Overlook Parcel and Open Space Parcel for dedication; and WHEREAS, dedication of the Overlook Parcel and Open Space Parcel to the Village of Sleepy Hollow was a condition of subdivision approval: and WHEREAS, the Board of Trustees of the Village of Sleepy Hollow has acknowledged receipt of the aforementioned offer of dedication and, after thorough and due consideration of same, deems the acceptance of dedication of the Overlook Parcel and Open Space Parcel to be in the public interest and welfare; and 247fi.02/2£52ll VI 9/13/M �SEP.23.2004 11:59AM K'EfttC & BEANE m g i ? p ^ 344 NOW, THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow hereby accepts the offer of dedication and conveyance of the Overlook Parcel and Open Space Parcel, a description of which is provided on Schedule A annexed hereto; and it is further I RESOLVED, that the acceptance of the offer of dedication of the Overlook Parcel and Open Space Parcel is subject to the following conditions being satisfied by Pocantico Home & Land Company, LLC: L Dedication of any and all easements associated with the Overlook Parcel and Open Space Parcel; 2. Provision of a title report to the satisfaction of the Village Attorney; 3. Provision of satisfactory proof that all mortgages and liens have been released from the lands dedicated to the Village; 4. Provision of a Deed along with Schedule A describing the property being conveyed subject to the satisfaction of the Village Attorney; 5. The acceptance is subject to final inspection by the Village Engineer and Building Inspector; 6. The posting of a maintenance bond specific to the detention basin which bond is to be extended annually for a period to extend one year past the issuance of the final, C of O for the project; I 7. The acceptance of the dedication of the Overlook Parcel and Open Space Parcel will only become effective upon the submission to the Village Attorney of the documents referred to above; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish, the purpose of this resolution. Moved: Trustee Grala 247(rf)I/2fi5201 VI »'•»« Seconded: Trustee Zieja Vote: Unanimous �345 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Contract With McLeod Brothers, Inc. Rescue Hose Roof Replacement Whereas, pursuant to solicitation of proposals from qualified roofing contractors, four proposals were received and a low qualified bid proposal of $21,700 obtained from McLeod Brothers, Inc. of 30 Church Street, Suite 1, New Rochelle, New York 10801 for the replacement of the Rescue Hose Company roof, and Whereas, the Village Architect has recommended that said bid be accepted with cenain minor modifications which may increase the full cost of roof replacement to an amount not to exceed $22,000, and Now. Therefore, Be It Resolved that, the Village Board herein accepts the proposal (attached hereto) of McLeod Brothers, Inc. for Rescue Hose Company roof replacement at an amount not to exceed $22,000, 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, and Be It Further Resolved, that the Village Board herein amends the 2004-2005 capital budget to incorporate the project as described herein and to allocate $22,000 in Village bond funds for its completion. Trustee Trustee Moved by: Z i e j a Seconded by: M u r r a Y Vote: Unanimous Date: 9/21/04 . Resolution #: 09/167/04 �FUG. y . y j m y^dH'i I tv/ • \j -r\-f w%4ef McLeod Brothers, Inc. 30 Church Street Suite 1 NewRochetle,NY 10801 914 636 3404 Fax 914 636 1161 I Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 ATTN: JoeDefeo August 9,2004 Ladies and Gentlemen, It would be a privilege for our team at McLeod Brothers, Inc. to install a new roofing system to the Fire House on Lawrence Avenue. Educated buyers like you know that reputation and quality do count McLeod has been around since_L895-and JiaYe_thousands_Df satisfied customers._We are a Master-Elite . . Contractor certified by GAF Building Products Corp. We are properly licensed, insured, and members in good standing of the Better Business Bureau and the Chamber of Commerce. I This is the proposal to install a new roof system 1. Remove asphalt based shingles and yankee gutter lining. 2. Check for visible rotten and/or damaged wood. Replace roof deck at S2.50/tr. All other repairs priced per incident ' 3 . Re-line yankee gutters with copper, soldering all seams. 4. Install a leak barrier to all vulnerable areas. Such as. eaves, skylights, chimney, vent pipes, etc. Weather Watch. , I 5. Install a fiberglass based roof deck protector. Shingle Mate. OLdLdL ^ C&0 TT~ £ CtibnW -^j}) Install aluminum drip edge to all roof edges. White. ~ CaTW>6\ \ll^l^^' *' 7. Install GAF Ttmberline 30 year architectural shingles. Color of choice. N * ' 8. Install a shingle over ridge vent Cobra. 9. Install GAF Timber Tex hip and ridge caps. Matching shingle color. 10. Install copper flashing to chimney. 11. Flash, caulk, and seal roof as needed. Includes new vent pipe flashings. 12. Clean and cart all job related debris. 13. Receive GAF Smart Choice "System Plus'7 Warranty after completion. Total Job 521,700.00 Options: Install GAF Timbsrline Ultra architectural shingles, with 50 year warranty - Add $1,000.00 Receive GAF Golden Pledge Warranty after completion - Add S600.00. Pase 1 of 2 I -~ -* C#M t*a-A * " r •** * - " ^ ^ + ^ -*•*•'- ^ — — - - - ^ i - ^ ~ J ^ ^ - ^ i ^ J i A ^ ^ �34 FUG. 9 . 2 0 0 4 9:23ft1 CHOI r«j.tfy» r.wc I Note: Existing copper leaders to remain. If you have any questions, or would like to proceed, please call me either in the office or on ray cell phone* 201 694 1816. Thank>#i, mkLd Christopher Choi, Sales Manager I I Pa°e2of2 • -nftr-j.-w V . +*•!-• *-W*8 W i * -k &*»"* * i &^Z*3t>-*e£*>f"^$,ji 5-*** i - W J ^ i - f e a t - s i S sau^i^fctasLsi+^iJSfJUff jL&fi; i * ^ i ^ 3 i S i « S f l ^ 5 ^ ^ ^ ^ �34 H. Date: September 21 , 2004 Resolution #:09/ 6 8 /04 NOTICE OF INTENT TO BECOME LEAD AGENCY I WHEREAS, the Mayor and Board of Trustees (the Village Board) for the Village of Sleepy I lollow and Ichabod's Landing, LLC, the Developer of Ichabod's Landing, have jointly prepared and submitted an Application for Permit to the New York State Department of Environmental Conservation (NYSDEC) and the United States Army Corps of Engineers (ACOE) for the Horan's Landing/Ichabod's Landing Recreational Boating Facility in order to construct a maximum of40 boat slips which would be designated for public, private and transient use, a mooringfieldfor 30 vessels which would be designated for public and private use, and a dock extension for the Village's rescue boat, which boat slips and dock extension would require the dredging of the inlet located to the west of Horan's Landing and to the south of Ichabod's Landing, both properties being located on River Street in the Village of Sleepy Hollow, New York, with a portion of said boat slips to occupy underwater lands of the Village of Sleepy Hollow and the State of New York; and WHEREAS, a facially complete application has been prepared with which to initiate the State Environmental Quality Review Act (SEQRA) procedures; and WHEREAS, a Lead Agency must be established for the environmental review of the proposed action, pursuant to the requirements of SEQRA; and WHEREAS, the Village Board is interested in becoming Lead Agency in this matter; and I NOW THEREFORE BE IT RESOLVED THAT, the Village Board of the Village of Sleepy Hollow declares its intent to become Lead Agency for the purposes of reviewing the proposed action pursuant to SEQRA. The Village Board will distribute this resolution to all other potentially involved agencies and afford them 30 days in order to comment on the intention of the Village Board with regard to its designation as Lead Agency. Correspondence relative to this matter can be directed to Angela Everett, Village Clerk, 28 Beekman Avenue, Sleepy Hollow, New York, 10591. Trustee Moved: H u r r a y Trustee Seconded: D i F e l i c e Vote: Unanimous This Notice of Intent and an Environmental Assessment Form (EAF) will be circulated to the following: I �Potential Involved and Interested Agencies Hon. Philip Zegarelli, Mayor and Village Board Village of Sleepy Hollow Village Hall 25 Beekman Avenue Sleepy Hollow. NY 10591 Governor George Pataki Executive Chamber State Capita! Albany. NY 12224 Andrew Spano. County Executive Westchester County 148 Marline Avenue White Plains. NY 10601 Erin Crotty. Commissioner NYSDEC 50 Wolf Road Albany. NY 12233-0001 Marc Moran NYSDEC. Region 3 NYS Department of Environmental Conservation 21 South Putt Corners Road NewPaltz.NY 12561-1696 James W. Haggerty. Chief US Army Corps of Engineers Operations Div. Reg. Branch Eastern Permit Section - 19ti floor 26 Federal Plaza New York, NY 10278 United States Coast Guard Petty Office Jeff Yunker US Coast Guard Activities New York 212 Coast Guard Drive Staten Island. New York 10305 New York State Office of General Services Attn: Bethany Wieczorek Real Estate Development — Land Management Corning Tower 26lh Floor Empire State Plaza Albany. NY 12242-0001 �Secretary of Slate Attn. George Stafford, Director Division of Coastal Resources New York State Department of State 41 State Street Albany. NY 12231-0001 Ms. Bernadette Castro, Commissioner NYState Office of Parks, Recreation & Historic Preservation Empire State Plaza Agency Building 1 Albany, NY 12238 Je;ry Mulligan. Commissioner Westchester County Dept. Of Planning 148 Martine Avenue White Plains. NY 10601 Joseph Stout, Commissioner Westchester County Department of Parks, Recreation and Conservation 25 Moore Avenue Mount Kisco. NY 10549 Anthony Landi, Acting Commissioner West. Co. Dept. of Environmental Facilities 270 North Avenue New Rochelle. NY 10801 Dr. Joshua Lipsman, Commissioner Westchester County Department of Health 145 Huguenot Street-8th floor New Rochelle, NY 10801 Village Agencies or Departments With Possible Review Responsibility: Mr. Richard D. Weiss, Chairman Sleepy Hollow Waterfront Commission Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Chief James Warren Sleepj' Hollow Police Department Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Fire Chief Sleepy Hollow Fire Department Village Hall 28 Beekman Avenue Sleepy Hollow-NY 10591 �Joe DeFeo. Superintendent Village of Sleepy Hollow Department of Public Works 38 River Street Sleepy Hollow, NY 10591 Mr. Richard Gross Sleepy Hollow Department of Water Village Hall 28 Beekman Avenue Sleepy Hollow. NY 10591 Copy of this Notice of Intent on file with: Angela Everett. Village Clerk Village Hall 2S Beekman Avenue Sleepy Hollow. NY 10591 On Behalf of the Co-Applicants: Dwight Douglas. Village Administrator Village of Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Bruce R. Lozito.AlCP c/o Ginsburg Development Corp. 245 Saw Mill River Road Hawthorne. NY 10532 Other Parties Provided Copies of this Notice as a Courtesy: Mr. Ned Sullivan Scenic Hudson 9 Vassar Street Poughkeepsie. NY 12601 Carmella Mantello Hudson River Valley Greenway Capital Station 254 Albanv. NY 12224 4 �Meeting Date: September 21, 2004 Resolution: 09/ 1 6 9 /04 RESOLUTION MAYOR AND BOARD OF TRUSTEES FOR PROFESSIONAL CONSULTING SERVICES ENG-WONG TAUB & ASSOCIATES TRAFFIC ENGINEER WHEREAS, from time to time the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) has retained consulting services to act on behalf of the Village and provide technical reviews and recommendations relative to the requirements of the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Village of Sleepy Hollow Planning Board (the Planning Board) is currently conducting a SEQRA review for a site plan application for expansion of the existing facilities at the Phelps Memorial Hospital campus; and WHEREAS, Phelps Memorial Hospital (the Applicant) has prepared and submitted a traffic report analyzing the potential impacts related to the expansion of the hospital facilities; and WHEREAS, the Planning Board seeks to augment its review capabilities, with an emphasis on traffic/ transportation; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby authorize the hiring of Eng Wong Taub & Associates, traffic engineers to review the traffic report prepared on behalf of Phelps Memorial Hospital and provide a report to the Village relative to that matter using the attached schedule of hourly billing rates, said fee to be paid for by the Applicant as part of the environmental review. Moved bwTTUSt:ee Pi-FeiictSeconded bvTrustee Spota Vote: Unanimous �35:- Meeting Date: 09/21/04 Meeting Resolution #: 09^/(04 RESOLUTION ADOPTING REVISIONS TO PART IV SUBDIVISION REGULATIONS VILLAGE OF SLEEPY HOLLOW MAYOR AND BOARD OF TRUSTEES WHEREAS, the Mayor and Board of Trustees (the Village Board) of the Village of Sleepy Hollow has initiated the preparation of a comprehensive series of revisions to the Village Code including those related to site plan review, subdivision review, Planning Board procedures, Architectural Review Board and recommendations from a critique prepared by the General Code (the Proposed Action); and WHEREAS, the proposed Action is classified as a Type I Action under the State Environmental Quality Review (SEQR) laws of the State of New York; and WHEREAS, on or about February 3, 2004 the Village Board circulated a Notice of Intent to Act as Lead Agency (the Notice of Intent) and conduct a coordinated review, said Notice of Intent with accompanying environmental assessment form was distributed to a number of interested agencies including the Village of Sleepy Hollow Planning Board (the Planning Board), Village Sleepy Hollow Waterfront Advisory Committee, Village of Sleepy Hollow Zoning Board, Village of Tarrytown, Town of Mt. Pleasant, Town of Greenburgh, Westchester County and NY State Department of Environmental Conservation (collectively, the Interested Agencies); and WHEREAS, after circulating the Notice of Intent and allowing for the Interested Agencies to comment, the Village Board did declare themselves to be the Lead Agency; and WHEREAS, as required under Section 62-53.B of the Village Zoning Code the proposed revisions were forwarded to the Planning Board for their review and report; and WHEREAS, the Planning Board, at their duly noticed meetings on May, 20 2004, July 15,2004 and September 9, 2004 did review the proposed amendments and did provide the Village Board with their comments; and WHEREAS, on April 20, 2004, the Lead Agency did formally schedule a public hearing on the Proposed Action; and WHEREAS, on May 25,2004 the Lead Agency, after due notice, did open a public hearing in which members of the public were provided an opportunity to comment on the Proposed Action; and WHEREAS, the Lead Agency did adjourn the public hearing until September 14, 2004 to allow adequate time for the Planning Board and the public to comment on the Proposed Action; and WHEREAS, on September 14, 2004. having received a report from the Planning Board, the Lead Agency did close the public hearing; and �•' • - ' " - * ' 354 \ NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby determine, after careful and considerable review that the Proposed Action will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be required; and be it further RESOLVED, that the Village Board determines that the Proposed Action is consistent with the goals and policies of the Village=s Local Waterfront Revitalization Plan; and, be it further I RESOLVED, that the Village Board hereby adopts Local Law amending Part IV Subdivision Regulations of the Village of Sleepy Hollow Code; and, be it further RESOLVED, that the Village Clerk is hereby directed to enter the amendments to Part IV Subdivision Regulations of the Village Code in the minutes of this meeting and in the code book of the Village of Sleepy Hollow, and give due notice of the adoption of said amended Local Law to the Secretary of State of the State of New York. Trustee Moved by; S p o t a I I Trustee Seconded by: G r a l a F:\M.M-7ro Sleepy HoUo-.vCcxfc £ Zccas Revisions'Chifta 6 Architectural Renew Board 9-I6-W wpj Vote: Unanimous �355 I Meeting Date: 9/21/04 Meeting Resolution #: 09/ 7 /04 RESOLUTION ADOPTING REVISIONS TO CHAPTER 6 ARCHITECTURAL REVIEW BOARD VILLAGE OF SLEEPY HOLLOW MAYOR AND BOARD OF TRUSTEES WHEREAS, the Mayor and Board of Trustees (the Village Board) of the Village of Sleepy Hollow has initiated the preparation of a comprehensive series of revisions to the Village Code including those related to site plan review, subdivision review, Planning Board procedures, Architectural Review Board and recommendations from a critique prepared by General Code Publishers (the Proposed Action); and WHEREAS, the proposed Action is classified as a Type I Action under the State Environmental Quality Review (SEQR) laws of the State of New York; and I WHEREAS, on or about February 3,2004 the Village Board circulated a Notice of Intent to Act as Lead Agency (the Notice of Intent) and conduct a coordinated review, said Notice of Intent with accompanying environmental assessment form was distributed to a number of interested agencies including the Village of Sleepy Hollow Planning Board (the Planning Board), Village Sleepy Hollow Waterfront Advisory Committee, Village of Sleepy Hollow Zoning Board, Village of Tarrytown, Town of Mt. Pleasant, Town of Greenburgh, Westchester County and NY State Department of Environmental Conservation (collectively, the Interested Agencies); and WHEREAS, after circulating the Notice of Intent and allowing for the Interested Agencies to comment, the Village Board did declare themselves to be the Lead Agency; and WHEREAS, as required under Section 62-53.B of the Village Zoning Code the proposed revisions were forwarded to the Planning Board for their review and report; and WHEREAS, the Planning Board, at their duly noticed meetings on May, 20 2004, July 15,2004 and September 9T 2004 did review the proposed amendments and did provide the Village Board with their comments; and WHEREAS, on April 20, 2004, the Lead Agency did formally schedule a public hearing on the Proposed Action; and WHEREAS, on May 25,2004 the Lead Agency, after due notice, did open a public hearing in which members of the public were provided an opportunity to comment on the Proposed Action; and WHEREAS, the Lead Agency did adjourn the public hearing until September 14, 2004 to allow adequate time for the Planning Board and the public to comment on the Proposed Action; and WHEREAS, on September 14, 2004, having received a report from the Planning Board, the Lead Agency did close the public hearing; and I �356 NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby determine, after careful and considerable review that the Proposed Action will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be required; and be it further RESOLVED, that the Village Board determines that the Proposed Action is consistent with the goals and policies of the Village=s Local Waterfront Revitalization Plan; and, be it further I RESOLVED, that the Village Board hereby adopts Local Law amending Chapter 6 Architectural Review Board of the Village of Sleepy Hollow Code; and, be it further RESOLVED, that the Village Clerk is hereby directed to enter the amendments to Chapter 6 of the Village Code in the minutes of this meeting and in the code book of the Village of Sleepy Hollow, and give due notice of the adoption of said amended Local Law to the Secretary of State of the State of New York. Trustee ,. ,, Grala Moved by: i Trustee . ., Zieja c Seconded by: F.M.M-73J Sleepy HoIIo-.v'.Ccdc Jt ZoningRevisions'.Chajscr (, Architectural ReviewBoard 9-16-{Uw[»J . Unanimous Vote. w �357 Meeting Date: 09/21/04 MeetingB Resolution #: 09/ /04 172 RESOLUTION ADOPTING REVISIONS TO CHAPTER 62 ZONING AND SITE PLAN REVD2W VILLAGE OF SLEEPY HOLLOW MAYOR AND BOARD OF TRUSTEES WHEREAS, the Mayor and Board of Trustees (the Village Board) of the Village of Sleepy Hollow has initiated the preparation of a comprehensive series of revisions to the Village Code including those related to site plan review, subdivision review, Planning Board procedures, Architectural Review Board and recommendations from a critique prepared by General Code Publishers (the Proposed Action); and WHEREAS, the proposed Action is classified as a Type I Action under the State Environmental Quality Review (SEQR) laws of the State of New York; and WHEREAS, on or about February 3,2004 the Village Board circulated a Notice of Intent to Act as Lead Agency (the Notice of Intent) and conduct a coordinated review, said Notice of Intent with accompanying environmental assessment form was distributed to a number of interested agencies including the Village of Sleepy Hollow Planning Board (the Planning Board), Village Sleepy Hollow Waterfront Advisory Committee, Village of Sleepy Hollow Zoning Board, Village of Tarrytown, Town of Mt. Pleasant, Town of Greenburgh, Westchester County and NY State Department of Environmental Conservation (collectively, the Interested Agencies); and WHEREAS, after circulating the Notice of Intent and allowing for the Interested Agencies to comment, the Village Board did declare themselves to be the Lead Agency; and WHEREAS, as required under Section 62-53.B of the Village Zoning Code the proposed revisions were forwarded to the Planning Board for their review and report; and WHEREAS, the Planning Board, at their duly noticed meetings on May, 20 2004, July 15,2004 and September 9,2004 did review the proposed amendments and did provide the Village Board with their comments; and WHEREAS, on April 20, 2004, the Lead Agency did formally schedule a public hearing on the Proposed Action; and WHEREAS, on May 25,2004 the Lead Agency, after due notice, did open a public hearing in which members of the public were provided an opportunity to comment on the Proposed Action; and WHEREAS, the Lead Agency did adjourn the public hearing until September 14, 2004 to allow adequate time for the Planning Board and the public to comment on the Proposed Action; and WHEREAS, on September 14, 2004, having received a report from the Planning Board, the Lead Agency did close the public hearing; and �358 NOW, THEREFORE, BE IT RESOLVED; that the Village Board does hereby determine, after careful and considerable review that the Proposed Action will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be required; and be it further RESOLVED, that the Village Board determines that the Proposed Action is consistent with the goals and policies of the Villagers Local Waterfront Revitalization Plan; and, be it further I RESOLVED, that the Village Board hereby adopts Local Law_ amending Chapter 62 Zoning and Site Plan Review of the Village of Sleepy Hollow Code; and, be it further RESOLVED, that the Village Clerk is hereby directed to enter the amendments to 62 Zoning and Site Plan Review of the Village Code in the minutes of this meeting and in the code book of the Village of Sleepy Hollow, and give due notice of the adoption of said amended Local Law to the Secretary of State of the State of New York. Moved by; T r u s t e e ZiejSeconded b v T r u s t e e Murray I Vote: Unanimous F M M-720 Sleepy Holkr* -Code Jc Zorure RevKionsNChapcrr 6 Architectural Review Bccrd 9-16414 »pd I -- * ... i . V . T. ,' ii<_ i _ -,-, - fe ... * i . j r ->»3 •\».(ic^^A^^it^^lJ^^i-^i^^^i,SK^'Jf:'^^w9i'i^ksi>tiaM»'^^^^^il^ �359 Date: September 21,2004 Resolution*?: 09/173/04 RESOLUTION ACCEPTING SLEEPY HOLLOW WATER FRONT OPEN SPACE PLAN WHEREAS, the Village of Sleepy Hollow is an incorporated Village located in the Town of Mt. Pleasant, Westchester County, and is represented by a duly elected Mayor and Board of Trustees; and WHEREAS, the Village by its actions, achievements and documented record has a long history of municipal planning, particularly for the reuse of the former General Motors (GM) site located along the Hudson River; and WHEREAS, as part of the community planning efforts for the formerGM site, the Village prepared and adopted in 1996 a Local Waterfront Revitalization Program (the LWRP) and the LWRP was subsequently approved by the New York State Department of State; and WHEREAS, subsequent to the adoption of the LWRP, the Village enacted new zoning text (RFRiverfront Development) designed to regulate the redevelopment of the former GM site and surrounding area; and Wl IE RE AS, both the LWRP and the RF-Riverfront Development zoning text call for the creation of permanent public access to the Hudson River as part of the redevelopment of the former GM site; and WHEREAS, in 2000, the Village commissioned the preparation of a Waterfront Linkage Study with the intent of identifying in more detail contemplated uses along the anticipated waterfront open space and enhanced connections between the existing built up portions of the Village and the anticipated uses along the waterfront; and Wl 1EREAS. on February 11,2003, a formal application for a Riverfront Development Concept Plan and Special Permit (the Proposed Action) was submitted by Roseland/Sleepy Hollow, LLC (the Applicant) to the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board); and WHEREAS, a component of the Proposed Action includes the proposed dedication of certain land associated with the former GM site to the Village for possible public open space and or recreation activities: and Wl IEREAS. on February 25.2003, the Village Board initiated proceedings as required by 6 NYCRR Part 617. State Environmental Quality Review (SEQR), to act as Lead Agency and conduct a coordinated review of the Proposed Action: and WHEREAS, the Village Board declared itself to be Lead Agency so as to conduct a coordinated environmental review and declared that the Proposed Action is one that would have significant effects on the environment requiring the preparation of an Environmental Impact Statement (EIS); �3KQ (,t and WHEREAS, the Village Board circulated a draft scoping outline, held a public scoping session where members of the public were allowed to comment and ultimately accepted a revised scoping outline to be used in the preparation of a forthcoming Draft Environmental Impact Statement (DEIS); and I WIIEREAS. both the Village and the Applicant recognize the importance of a well conceived open space component that is of high quality class design and, in December 2003, agreed to work together to prepare a preliminary open space plan for the areas proposed for public use (Open Space Plan), said plan to be eventually included as part of the EIS; and WHEREAS, the Village and the Applicant jointly retained the services of Beyer Blinder Belle and EDAW (collectively the Open Space Consultants) to prepare such a preliminary Open Space Plan; and WHEREAS, the Open Space Consultants met with the Village Board and various representatives of other Boards and Commissions of the Village to discuss various aspects of the preliminary open space plan; and WHEREAS, the Open Space Consultants presented a revised preliminary Open Space Plan to the Village Board as SEQR Lead Agency on September 14, 2004 for its review; and WHEREAS, the Village Board, as SEQR Lead Agency, has given careful and thorough consideration to the Open Space Plan as presented; and I NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees does hereby accept the September 14, 2004 draft of the Open Space Plan as represented in a series of drawings and sections as being sufficient in detail for public review and comment as part of the forthcoming submission of the Lighthouse Landing DEIS; and be it further RESOLVED, that the Village Board, as SEQR Lead Agency, finds that the Open Space Plan has sufficient detail to allow the public to adequately and comprehensively comment on its merits and that said details may be further refined and adjusted as public comment is received. Trustee Moved: M u r r a y Trustee Seconded: D i F e l i c e Vote: Unanimous F;\M \M-723-00-S!cepy I loIlow-Gcncral Motors\Reso!utions\Reso!ution Accepting Open Space Plan.wpd I „ „ Zt.-^rjt-•*&-+ ^ & k - s ^ " ^ a ' - ^ 4 ^ & i ? s i ^ w ^ i L ^ i i £ J S ? - i **,]•&> *s*jS^%frK ^JL^MJ^Mk^s^sSi �361 I Meeting Date: 09/21/04 Resolution #: 09/174/04 lie it resolved that the Board of Trustees does hereby adopt Local Law #7 amending Chapter 52 "Taxicabs" as submitted with the new definitions. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous Resolution #: 09/175/04 Be it resolved that the Board of Trustees does hereby approve a one time pre-tax stipend of S750.00 for Rose Pichardo for additional duties she performed during the summer day camp. Moved: Trustee Spota Seconded: Trustee Grala Vote: Unanimous Resolutions: 09/176/04 I Be it resolved that the Board of Trustees does hereby approve a donation of S3500.00 to Wolfpak. Moved: Trustee Grala Seconded: Trustee Zieja Vote: Unanimous I -W 3- - J * " . ' j J t . i - ' f c j i - ' J i»—vJrii£jL:i^sb^^s£^"^-^ji^^itsiX'^M^sA^^^^t4ii^B^S^^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-2004 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_2004-09-21 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/293c556a7f851abd8ac4bce1777713cd.pdf a431c63590829631500af7ce9378fc7e PDF Text Text 3K O Minutes of the Board of Trustees Village of Sleepy Hollow I A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, October 12, 2004, 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 Richard Zieja Andrew Murray Kay Brown Grala Richard Spota, Trustees Also Present: Robert Ponzini, Village Counsel The Mayor requested to close the Work Session; moved by Trustee DiFelice and seconded by Trustee Spota; carried. At 7:35 p.m. the Mayor called the Board into special session. Moved by Trustee Spota and seconded by Trustee Grala to go into special session; carried. During the special session, the attached resolutions were duly acted on as noted with votes as provided. I Moved by Trustee Spota that the Warrant be approved subject to review and approval by department heads and that the Mayor review and sign each check; seconded by Trustee Grala; carried. Moved to close the special session on motion by Trustee Grala and seconded by Trustee Zieja; the board entered into executive session for the purpose of reviewing personnel matters and litigation. Carried. No action was taken during the executive session and the meeting was adjourned at approximately at 8:40 p.m. i i -—^ Respectfully submitted, 1 > \ '\ :_ - ^) • i.f - ( .> .- UI - iM A / \ /•' Philip E. Zegarelli, Mayor " v I • „ < ; « i y v * * lust"-- • * , WiGrHtAst t » . S * J»i»r*rt-fei«£r * Ss->fi^*4fa6ii E £^-aS^!«»**t*iaea �0 363 I Meeting Date: Resolution #: 10/12/04 10/177/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Confirming Mayor's Approval for Briggsville Tag Sale WHEREAS, the Briggsville Neighborhood Association requested approval to hold its Tag Sale on Saturday, October 16, 2004, to begin at 9:00 a.m. and end at 5:00 p.m. on Webber Avenue, Amos Street and Sleepy Hollow Road; and WHEREAS, the Mayor approved said event by letter on October 5, 2004 to Maureen Petry to be confirmed at the October 12, 2004 Board Meeting. NOW, THEREFORE, BE IT RESOLVED that the Village Board herein confirms the actions of the Mayor to allow the Briggsville Tag Sale on Saturday, October16, 2004, to begin at 9:00 a.m. and end at 5:00 p.m. to be held on Webber Avenue, Amos Street and Sleepy Hollow Road. Moved: Trustee Grala; Seconded: Trustee Zieja; Vote: Unanimous I s-a:.T •„ - .r, ^ ^ j . ^ T - < « * . „ •.<H#OB£; Ji.hu -ni»j^-teJ»A)^fcarfto«f-»t-M*»a^a&JiaciJ^*fiJ(fflsSS»ifiS£ia»dfia»Ttfiatt»C �364 Meeting Date: 10/12/04 Resolution: 10/178/04 Be it resolved that the Board of Trustees does hereby ratify the Mayor's approval for the closing of Highland Avenue (between Munroe and Bellwood Avenues) for the Philipse Manor Halloween Parade to be held on Saturday, October 30, 2004, from 2:00 to 5:30 p.m. Moved: Trustee Zieja Seconded: Trustee Murray Vote: Unanimous �365 I Meeting Date: October 12,2004 Resolution: 10/179/04 RESOLUTION MAYOR AND BOARD OF TRUSTEES FOR PROFESSIONAL CONSULTING SERVICES CREATIVE VISUALS, INC WHEREAS, from time to time the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) has retained consulting services to act on behalf of the Village and provide technical reviews and recommendations relative to the requirements of the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) is currently conducting a SEQRA review for proposed improvements to the Village's water supply infrastructure (the Proposed Action); and WHEREAS, one of the alternatives being considered is a potential reservoir tank located in that portion of the Kykuit estate in Sleepy Hollow; and I WHEREAS, the Village Board seeks to augment its review capabilities by preparing a visual simulation of a reservoir tank in the Kykuit estate; and WHEREAS, the Village has used in the past, as part of the preparation of visual simulations contained in the Draft environmental impact statement (Draft EIS), the firm of Creative Visuals, Inc.; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby authorize the hiring of Creative Visuals, Inc. to prepare a visual simulation of an alternative location for a reservoir tank on the Kykuit estate based on the attached proposal for service for inclusion in the Final EIS. Moved by: Trustee Murray Seconded by: Trustee DiFelice Vote: Unanimous I !^V!^a#vm^i^imkiwfm^i!!^^V^VismiKi i.^,U^'^s^A^:^iiiiJ^^a^'C&UtMSi^iSSriAMi^^^^ �Creative Visuals, Inc. 37 Happy Valley Road Post OiflceBox 435 Bearsville, NY 12409 Phone (845) 679-9055 Fax (845) 679-1175 cvisuals@aol.com 3fx6 October 5, 2004 Dwight Douglas Village Administrator Village Hall 28 Beekman Avenue ?ar Mr. Douulas: ^i ou have asked us for a proposal to render our sendees in the production of visual simulations of the proposed approximately 50-60' tall water tank at the Kykuit property. Our study will include a three-man field team taking photographs during a balloon test with two cameras of four visible View Points, a letter of methodology and a photograph location map. ASSUMPTIONS: Creative Visuals will be provided with the same level of information that was provided for the April 2004 visual study. Details will include AutoCAD files in digital and paper format for the proposed water tank, a photo of a similar water tank, the location of a similar tank, and other pertinent details by your consultants; The proposed site location should be clearly staked by the Village's consultant prior to commencement of fieldwork. There will be an adequate clearing to loft a 5' diameter helium balloon at the site; A representative of Saccardi & Schiff, Inc. will accompany Creative Visuals during the fieldwork for purposes of selecting the visual simulation view points. The quote for four visual simulations, letter of methodology and photo location map is S3,580.00 including two original ^^ets of the report. In addition to this fee, there will be delivery charges at cost, ^ • h e quote for additional simulations would be S334.00, including two original sets of the report. ^ ^ h o u l d attendance at a hearing be requested, the fee will be S120.00 per hour including one-way for travel (travel cost not to exceed 1.5 hours). For each 30-day period past the due date of the statement, add 1.5% for any past due balance. Acknowledgement: I have read the above provisions of this "Consulting Agreement", and agree to them as conditions of your service: Bv: For: Date: For Creative Visuals, Inc. cc: David Smith. Saccardi & Schiff. Inc. I :t~ss-i t - f c a S s ^ ^ f r ^ ' f t i M T ^ ^ ^ i s I d ^ �36> ( I Meeting Date: 10/12/04 Resolution #: 10/180/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Andrew Nybo, 199 Webber Avenue, Sleepy Hollow, New York, to the Ethics Board to fill an unexpired term ending April 2005. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: 6-0 I I - 7 - - 1 - * , * ; . , ** »-i ~ZZ£r& � 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-2004 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_2004-10-12 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/3128ffedc0cbc7f23e9beba32f4030ef.pdf c0d0a9bae26f8eb9aebeabec0c2dff7e 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, October 19th, 2004 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 Rich Zieja Andrew Murray Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Bob Ponzini, Village Counsel Jud Siebert, Special Counsel Dave Smith, Planning Consultant Sean McCarthy, Village Architect At 7:00 p.m. the Mayor called the Board into special session and requested an adjustment in the meeting schedule, moved by Deputy Mayor DiFelice, seconded by Trustee Zieja. and carried unanimously, in order to appoint Tom Capossela to fill the unexpired term of Trustee Jim Hart. Mr. Capossela was then duly sworn in and took his seat with the Board of Trustees for the balance of the meeting. At 7:15 p.m. the board went into executive session to discuss pending litigation. At 7:50 p.m. on a motion of Trustee Murray, seconded by Deputy Mayor DiFelice the board came out of executive session and back into special session. During the Special Session the attached resolutions were acted on as noted therein. Additionally, the board conducted the following public hearings: Public Hearing #1 - senior tax exemption. Hearing provided opportunity for comment on proposed legislation affording income qualified seniors some property tax relief on the principle place of residence. No one spoke in opposition, on a motion of Trustee Murray, seconded by Deputy Mayor, DiFelice and carried unanimously, the public hearing was closed. Public Hearing #2 - continuation - Senior Housing Zoning Amendments. The hearing was opened; Dave Smith gave a brief overview of prior comments and minor revisions to the draft ordinance section. No one spoke in opposition. Deputy Mayor DiFelice requested additional information on the age requirement of a minimum of 62 to see if it could be lowered to 60. Mayor Zegarelli noted more information on the parking requirements was needed before the ordinance could be adopted. On a motion of Deputy Mayor DiFelice, seconded by Trustee Spota, the hearing was carried over to the board meeting of October 26,2004. �369 I Public Hearing #3 - continuation - modifications to the tree ordinance. The public hearing was duly opened and on a motion of Trustee Spota, seconded by Trustee Capossela the hearing was closed to provide Counsel Ponzini the opportunity to make significant changes which would then require a new public hearing. At 8:50 p.m. on a motion of Zieja, seconded by Trustee Murray the meeting was adjourned. Respectfully submitted, Dwight liJbouglas, Village Administrator I I �J- W Resolution $ / 0U y t ^ , -. 10/181/04 RESOLUTION AUTHORIZING CONTINUATION OF LITIGATION WITH RESPECT TO VILLAGE OF TARRYTOWN-ASPHALT PLANT RELOCATION WHEREAS, the Village of Tarrytown, by its Board of Trustees and Planning Board, have taken certain actions to authorize and permit the disassembly of the existing County Asphalt Plant and the reconstruction of a modified facility in a new location, including the enactment of certain zoning amendments on September 20, 2004; and WHEREAS, under a Stipulation entered in prior litigation commenced by the Village of Sleepy Hollow, the Village of Sleepy Hollow preserved its rights to reinstitute litigation contesting actions taken by the Village of Tarrytown Board of Trustees and Planning Board with regard to the asphalt facility; and WHEREAS, the actions taken by the Village of Tarrytown have not been accompanied or supported by proper environmental review and study as required under the New York State Environmental Quality Review Act; and WHEREAS, the Village of Sleepy Hollow has determined that the disassembly of the County Asphalt Plant and its reconstruction in a new location are of sufficient concern to the Village and its residents so as to warrant proper environmental review and decision-making; NOW THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby authorizes the continuation and renewal of the litigation as against the Village of Tarrytown, its Board of Trustees and Plarining Board, the applicant and any other appropriate parties to contest steps taken by the Village of Tarrytown with respect to the disassembly of the County Asphalt Plant and its reconstruction in a new location. Moved b y : Trustee Grala 2476/13/254815 VI 10/14/04 Seconded b y : V o t e : Trustee Zieja 6-0 Abstain: Trustee Capossela �371 Meeting Date: October 19.2004 Resolution #: 10/18204 RESOLUTION SCHEDULING A PUBLIC HEARING WHEREAS, the Phelps Memorial Hospital Association has submitted a petition to the Town of Mount Pleasant (Town) and the Village of Sleepy Hollow (Village) to permit the annexation of approximately five (5) acres of vacant land located in the Town of Mount Pleasant to the Village of Sleepy Hollow, and WHEREAS, the Town Board and Village Board did provide notice of a joint hearing of the two Boards and on September 21, 2004 a joint meeting of the Town Board and Village Board was held at the Village Hall in accordance with the duly published notices, and WHEREAS, anyone present and wishing to be heard was given an opportunity to address the joint meeting on the issue of the proposed annexation, and WHEREAS, the annexation hearing was closed, and WHEREAS, the Planning Board of the Village of Sleepy Hollow is in the process of conducting a coordinated review of this project under SEQRA for site plan approval: and WHEREAS, prior to granting site plan approval, the Village Board must rezone the land to be annexed into the Village; and. NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby schedule a public hearing on the proposed zoning of approximately 5 acres of land, lying west of Route 9 and north of Phelps Memorial Hospital to be annexed to the Village from the Town of Mt. Pleasant: and be it further �372 RESOLVED, that the public hearing will be scheduled for November 9, 2004 at Village Hall, 28 Beekman Avenue, Sleepy Hollow. New York. Trustee Moved by: l a p o s e l l a Seconded by: Trustee Grala Vote: Unanimous I I I "•"'• ^Ji*i.«&ts*ir%«s!, ^^a^ii'^i''^-^^ik.^^S^vl^&s^-St^&haSs#^^tm �373 I Meeting Date: 10/19/04 Resolution: 10/183/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow To Amend the 2004/05 Capital Budget to Purchase Bullet Proof Vests for Police Auxiliary WHEREAS, the Chief of Police has recommended that bullet proof vests be a part of the regular equipment for he Auxiliary Police as they carry out their duties. NOW, THEREFORE, BE IT RESOLVED, that the capital budget is herein amended to include a total of $ 5600 for the purchase of eight bullet proof vests and the Mayor is authorized to take any and all necessary steps, including the purchase of said vests, to effectuate the intent of this resolution. Moved: Trustee Grala Seconded: Trustee Zieia Vote: Unanimous � 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-2004 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_2004-10-19 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/a08e4f61080ac1afe1765f84cc3f9e46.pdf 43e8cccfd61093eaa4a11366cfe808fe PDF Text Text VILLAGE OF SLEEPY HOLLOW BOARD OF TRUSTEES MEETING - REGULAR MEETING October 26, 2004 Mayor Zegarelli called the meeting to order at 8:10 p.m. Present: Mayor Philip Zegarelli Trustee DiFelice Trustee Capossela Trustee Murray Trustee Zieja Trustee Grala Trustee Spota Absent: None. Also Present: Dwight Douglas (Village Administrator) Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Dave Smith (Saccardi & SchifFVillage Planner) Agenda: a) Approval of minutes b) Continuation of Public Hearing: Senior Housing Zone c) Approval of Warrants: October 26,2004 d) Mayor's Announcements e) Public Comments f) Trustee Report g) Mayor's Report h) Administrator's Report i) Resolutions j) Old Business k) New Business 1) Communications, petitions and Requests m) Public Comments a) Approval of minutes The minutes from the September 14, 2004 meeting were reviewed. Trustee DiFelice made a motion to approve the minutes as submitted subject to any typographical errors and non-material corrections. Trustee Spota seconded. It was unanimous (7-0). The minutes from the September 21, 2004 meeting were reviewed. �375 Trustee Spota made a motion to approve the minutes as submitted subject to any typographical errors and non-material corrections. Trustee Grala seconded. It was unanimous (7-0). The minutes from the October 12, 2004 meeting were reviewed. Trustee Grala made a motion to approve the minutes as submitted subject to any typographical errors and non-material corrections. Trustee Zieja seconded. It was unanimous (7-0). The minutes from the October 19, 2004 meeting were reviewed. Trustee Zieja made a motion to approve the minutes as submitted subject to any typographical errors and non-material corrections. Trustee Murray seconded. It was unanimous (7-0). b) Continuation of Public Hearing: Senior Housing Zone Mayor Zegarelli stated that this is a continuation of an existing public hearing. Dave Smith spoke about the minimum age of seniors that would not affect the ability of the owners to obtain funding for the project. He reviewed the parking ratio/unit. There was an open discussion on the parking ration/unit. It was suggested that the parking ration be reduced from XA space/unit to VJ space/unit to reflect the parking need of seniors. Mayor Zegarelli stated that he was concerned with 14 space/unit. He stated that XA space/unit would be a more acceptable ratio. Trustee Spota stated that the parking for the residents of Margotta Courts should be increased not decreased. Dwight Douglas stated that initially VS space/unit could be initially established and the Village could try to control the parking ratio thru the developer's initial offering to residents. Mayor Zegarelli referred to counsel. Robert Ponzini responded that lowering the age limit would increase the need for parking. He stated that the Village needs to find a proper balance between the minimum age and the parking ratio/unit. There was an open discussion on how to set proper restrictions on parking, zoning codes and the ability to obtain a variance. Village Board of Trustees Meeting, October 26,2004 2 �Mayor Zegarelli stated that he would like to know the median age of Sleepy Hollow's current senior residents. He stated that he wants to know the number of cars that seniors possess. He stated that this is known information and should be easy to obtain. Trustee Murray made a motion to keep the public hearing open. Trustee DiFelice seconded. It was unanimous (7-0). c) Approval of Warrants: October 26. 2004Trustee DiFelice made a motion to approve the warrants of October 26, 2004 subject to the review, approval, and signatures of the Mayor, Department heads and Deputy Village Treasurer. Trustee Spota seconded. It was unanimous (7-0). d) Mayor's Announcements Mayor Zegarelli stated that he attended the NY Life ribbon cutting ceremony along with Trustees DiFelice and Murray. He stated that although the building is not located within Sleepy Hollow for tax purposes, it is within the boundaries of the school district and will use Village water. Mayor Zegarelli also stated that the NY Life CEO expressed interest in participating in Village activities. More discussions should follow. e) Public Comments Mario Belanich (153 North Washington Street) asked about senior citizen housing program and their associated levels of income. Mayor Zegarelli explained the low-income housing programs and the senior citizen housing programs work. He also spoke about the senior housing proposed for the GM site. Mario Belanich questioned the summer meeting schedule. Mayor Zegarelli responded that the meeting schedule was changed based on the increased number of projects in the Village. Shelley Robinson (258 Kelbourne Ave) read a prepared letter concerning the firework display for Columbus Day. Don Catano (43 Lawrence Ave) spoke about the increased parking problems on Lawrence Avenue. He stated that the new automotive business on Broadway has contributed to many of the recent parking issues. He asked for restrictive parking to be established in the area. Village Board of Trustees Meeting, October 26, 2004 3 �r> 'V ' I 3 < I Mayor Zegarelli responded that restrictive parking requires an act of the NY State Assembly. He stated that restrictive parking must be for a specific event. He also stated that public streets are for public use. Don Catano also stated that there are nine illegal apartments on Lawrence Avenue that are also contributing to the parking problems. Jim Palontonio (43 Amos Street) asked about the Kendal-on-Hudson project and the Village tax roll. Mayor Zegarelli spoke about the PILOT agreement with Kendal-on-Hudson. Mario Bellanich stated that the Village video equipment should be properly stored. Mayor Zegarelli agreed. f) Trustee Report Trustee DiFelice read the public works report. Trustee Spota spoke about the recent Public Safety Committee meeting. He also spoke about the recent Police Officer training that was completed. He summarized the selective enforcement program to date. He read a letter from Police Chief Greco (Irvington) thanking the Village for providing a Spanish speaking police officer. Lastly, he spoke about a letter from the family of Jimmy Weaver thanking the Sleepy Hollow PD for participating in his funeral procession. There was a moment of silence in honor of Jimmy Weaver. Mayor Zegarelli stated that he would be meeting with Trustee Capossela to discuss possible assignments. Trustee Grala stated that the cable consortium is continuing. She stated that there was a meeting with Trailways Commission concerning establishing a brochure for the Village's tourism efforts. Mayor Zegarelli spoke about making recreational improvements. Trustee Grala spoke about a meeting with the Garden clubs to discuss open space issues. Trustee Zieja read a memo from the Ambulance Corps summarizing position changes. Trustee Zieja made a motion to confirm the actions of the Ambulance Corps. Trustee Murray seconded. It was unanimous (7-0). Trustee Murray stated that he attended a meeting between the NYS DEC, Scenic Hudson, Alex Mathiason (Riverkeeper), Tarrytown reps, and Dwight Douglas on future concerns regarding the waterfront. Trustee Murray also stated that he attended a dinner honoring Village Attorney. Robert Ponzini. Village Board of Trusters Meeting, October 26,2004 4 �•* \ 378 r< r e) Mayor's Report Mayor Zegarelli spoke about the Village park and riverfront expansion plans. Mayor Zegarelli acknowledged about a letter from Martin Ginsberg regarding the asphalt plant in Tarrytown. Mayor Zegarelli referred to Dave Smith for an update on the reservoir expansion. I Dave Smith spoke about the location map with alternative sites. He stated that the visuals should be complete in 2 weeks. Mayor Zegarelli spoke about the possibility of having a low-pressure water tank at the GM site Mayor Zegarelli stated that he would be attending the next Fire Ordinance meeting with Trustee Zieja h) Administrator's Report Dwight Douglas discussed the next three years of the community development block plan. He stated that in discussions with Westchester County, it was discussed that the entire inner Village be a neighborhood strategy area. This would provide grants and lowinterest loans to residents of the inner Village. •*o v Dwight Douglas stated that he met with County staff to discuss the senior housing zone project. He stated that issues discussed were housing implementation funds and other grants. I Dwight Douglas stated that storm water grants have been received. He stated that the meetings with the DEC are on going. Dwight Douglas stated that the interviews for the Village Treasurer position have been completed. i) Resolutions See attached. i) Old Business None. Village Board of Trustees Meeting, October 26, 20O4 I ; .rt : ^ i _ . ; i&g-TrM-iUk* 'i-U'iiu,^^--';^ �37fi I k) New Business None. I) Communications, petitions and Requests None. m) Public Comments None. Trustee DiFelice made a motion to adjourn to the meeting and enter into executive session. Trustee Murray seconded. It was unanimous (7-0). I Adjourned at 9:49pm. Respectfully Submitted, Anthony DelVecchio I Vyiage Board of Trustees Meetng, October 26,2004 -„ •^l#*W*^l&^^^^^ ^^Hvi*s*t �Public Works Report October 26, 2004 Tree pruning and removal is ongoing. The repairs to treet lites that are not working is ongoing. I Leaf season is in full bloom .WE HAVE ALREADY STARTED LEAF PICKUP AND THEREFORE FROM NOW UNTIL THE END OF DECEMBER OR THE FIRST SNOWFALL LEAVES SHOULD BE PLACED ALONG THE CURBS TO BE PICKED UP WITH THE VACUUM. Wood chips and mulch are still available to village residents at the GM site. Water meter reading will start next week. We are still making repairs to deteriorating curbs weather permitting. The painting of parking space lines and handicap spaces is continuing. Repairing the storm drain system on route 9 which is a state road. We are in the process of rebuilding the steps to the Philipse Manor station. We have removed a dead tree at the Philipse Manor station which has made room for approximately three more parking spaces for village residents who take the train. The gates at Douglas Park are almost completed. I I The fire hydrants have started to be repainted throughout the village. PLEASE NOTE: THURSDAY, NOVEMBER 11™ IS VETERANS' DAY, A LEGAL HOLIDAY. VILLAGE OFFICES WILL BE CLOSED, THEREFORE, THURSDAY'S GARBAGE WILL BE PICKED UP ON WEDNESDAY ALONG WITH RECYCLING, FRIDAY'S GARBAGE REMAINS THE SAME. 380 �381 K-ll-im 11:56 Frec-GAIKES GRUNER P0NZIN1" NOVICK LLP Meeting Date: Resolution #: 9142880850 T-766 P.002 F-115 I 10/26/04 10/ /04 184 RESOLUTION FOR A PUBLIC HEARING TO AMEND CHAPTER 52A OF THE GENERAL CODE OF THE VILLAGE OF SLEEPY HOLLOW ENTITLED "TREE CONSERVATION" WHEREAS, the Village of Sleepy Hollow (''Sleepy Hollow") has regulated and continues to regulate the planting, maintenance and removal of trees, and WHEREAS, after review of its local laws and due deliberation, Sleepy Hollow believes a reasonable amendment to its local law on Tree Preservation is appropriate to allow for the removal of no more than two trees on private property without the requirement of a formal public hearing, I NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow calls for a public hearing to be held on November 2 3 • , 2004 at S:00 P.M. at Village Hall, 28 Beekman Avenue, to consider the proposed modification of Chapter 52 A "Tree Conservation." Moved: T r u s t e e DiFEiice Seconded:Trustee Spota Vme . Unanimous I . , - , ^ ^ > ^ - w _ t j . j » ^ : *«WEJ . t:->t*v2^-~»9»ffl4«wau-*»i*cias*S!|5*«SiS �382 J $' r .... Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Consultant Contract Real Property Reassessment Project Whereas, the Mayor and Trustees of the Village of Sleepy Hollow have authorized solicitation of proposals from qualified firms to undertake a village wide revaluation, and I Whereas, proposals from three qualified firms were received and interviews of the principals conducted, and Whereas, upon review and recommendation of the Village Assessor and the Village Administrator, the firm of Rescom Consulting of 28 Fieldstone, Suite 13C, Hartsdale, New York 10530 was deemed to be the best qualified to undertake to provide said services for a fee of $195,000, Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to execute a professional services contract with Rescom Consulting in an amount not to exceed $195,000 and to take other such steps as are necessary to effectuate the intent of this resolution, and Be It Further, Resolved that the 2004-2005 Capital Budget is herein amended to incorporate the Village Wide Reassessment Project at a total cost of $195,000. I Resolution # iQ/185/04 Moved by: Trustee Spota V o t e : Unanimous ?Date: y October 26, 2004 Seconded by: Trustee Capogselc I *-JC *•£, -K#»#i4. ^ ^ • \ ^ i r S & T # i L ( = ! i q ^ * - ^ ^ - - - ^ ^ - * * ' — * . - • « O t ^ i - I •s-.i^-alniKE �383 I Meeting Date: October 26, 2004 Resolution #: 10/186/04 Whereas, pursuant to recommendation of the Mayor and Village Administrator that the duties of Rafael Bencosme be expanded to include day to day coordination of the village website in support of a significant website upgrade undertaken by ABC web design, and said new duties will utilize Mr. Bencosme's talents and should be recompensed at an increased rate of pay. Be it Resolved that the Board of Trustees, herein approves the following hourly rate increase for Rafael Bencosme effective July 1, 2004 Bencosme: from: S12.00 per hour to: S18.00 per hour All other terms of employment as detailed in the November 1905, 2002 letter to remain in full force and effect. Moved by : Trustee Capossela, seconded by: Trustee Grata Vote: Unanimous I fus^*z&»*» * -^~^„i» sb*^&-:it;i&S^^i«wfc*J»^^ sS^^^i-^TK^iSSiB^^^ �384 Meeting Date: October 26, 2004 Resolution #: m/iR7/n& Resolution of the Board of Trustees Village of Sleepy Hollow Contract Renewal Knights of Columbus Whereas, the Knights of Columbus of Tarrytown are under contract to help maintain the Tarrytown's Nutrition Center which also assists residents of the Village of Sleepy Hollow, and said contract needs to be extended, Now, Therefore, Be it Resolved that the Board of Trustees, herein approves the renewal of said service contract at a rate of $3600 per year to be paid in monthly installments of $300.00, said renewal to be for two consecutive years commencing retroactively to November 1, 2003 and running through to October 31, 2005. M o v e d by : T r u s t e e Grala Vote: Unanimous ? seconded b y : T r u s t e e Z i e j a �385 IG-2'-2004 15:05 Frorr.-GAIKES GRUNER PONZINt NOVICK LLP S1423S0S50 T-774 P.002/003 F-127 I VILLAGE BOARD FINDINGS AND RESOLUTION WHEREAS, the Phelps Memorial Hospital Association has submitted a petition to the Town of Mount Pleasant (Town) and the Village of Sleepy Hollow (Village) to" permit the annexation of approximately five (5) acres of vacant land located in the Town . of Mount Pleasant to the Village of Sleepy Hollow, and WHEREAS, the Town Board and Village Board have caused notice of a. joint hearing of the two Boards to bs published and mailed in accordance with lbs requirements of the General Municipal Law § 704, and WHEREAS, on September 21, 2004 a joint meeting of the Town Board and I Village Board was held at the Village Hall in accordance with the duly published notices, and WHEREAS, anyone present and wishing to be heard was given an opportunity to address the joint meeting on ihe issue of the proposed annexation, and WHEREAS, the annexation hearing was closed, and WHEREAS, die Planning Board of ihe Village of Sleepy Hollow, as Lead Agrncy conducted a coordinated review of this project under SEQRA and issued a negative declaration. NOW THEREFORE; The Village Board hereby makes the following findings: 1. The Petition of Pbelps Memorial Hospital Association is statutorily sufficient in that ii conforms to all of the requirements made and provided for in the General Municipal Law for an annexation petition. I �1G-21-2004 15:05 Fros-CAIKES GRUNER PONZINI NOVICK l l P 9142880850 T-774 P.003/003 F-127 3156 > p <- 2. The proposed annexation is in the overall public interest because: a. The property in question is vacant land and not inhabited-, b. The property has been recently acquired by the Phelps Memorial Hospital Association which proposes to utilize the properly to construct new parkins areas to serve the Phelps Memorial Hospital campus, which is adjacent to the I subject property but located entirely within the jurisdiction of ths Village, c. Police protection to the property can be more efficiently provided by the same * police department serving the adjacent hospital property of which the property in question forms a part. d. Phelps Memorial Hospital provides important health care to the community and the annexation will simplify present and future permit applications by allowing for review and permitting by a single municipality instead of two municipalities. It is therefore, RESOLVED: thai ths petition of ths Phelps Memorial Hospital Association is hereby approved. I Dated: Moved: Oetober 2f \2G04 Trustee Zieja Seconded: T r u s t e e Murray Vote: Unanimous Village Board of the Village of Sleepy Hollow RESOLUTION # : 7fJl/.Vi 1 I 10/188/04 �387 I Meeting Date: 10/26/04 Resolution #: 10/189/04 Be it Resolved that the Village of Sleepy Hollow has the following ten (10) election districts in the Village Election to be held on March 15, 2005; also resolved that the following polling places be open from 7AM-9PM on Election Day. I s ' Election District Union Hose Co. Firehouse, Corner of Cortlandt St. and Cedar St. Sleepy Hollow, NY ,nd Election District Union Hose Co. Firehouse, Corner of Cortlandt St. and Cedar St. Sleepy Hollow, NY ,rJ Election District Fire Headquarters,28 Beekman Avenue Sleepy Hollow, NY ,lh 4 Election District Rescue Hose Co. Firehouse, Lawrence Avenue, Sleepy Hollow, NY 5 n Election District National Sokol, Inc. 151 Beekman Avenue, Sleepy Hollow, NY rth 6 Election District ,1b 7 Election District >th 8 Hudson Valley Writers' Center 300 Riverside Dr. Sleepy Hollow, NY Fraternal Order of Eagles 322 N. Broadway, Sleepy Hollow, NY Election District Fraternal Order of Eagles 322 N. Broadway, Sleepy Hollow, NY Election District Holy Cross Hall, Beekman Avenue Sleepy Hollow, NY llh 9 >ih 10 Election District .Moved: Trustee Murray I Hudson Valley Writers' Center 300 Riverside Drive Sleepy Hollow, NY Trustee Seconded; D i F e l i c e Vote: Unanimous I '"US'- fe *->*#*--5, *• -r-.-nst i s f ^ " " ^ - ^ i-t-J^- J r & ^ - ^ J 1 -» * — * =» *^r***£. ^'s^_£•&**t-ii^ A J S T & . - . - S & . k % ^ ! ^ ^ * & £ z i £ ^ £ % i S £ £ & $ i ^ * - t i i & 0 i �Meeting-Date: 10/26/04 Resolution #: 10/190/04 Whereas, the Board of Trustees must designate by resolution and publish the offices which are to be filled in such election and the terms thereof, now, therefore, be it resolved: Section 1: That the Board of Trustees designates the following offices as vacant at the end of the current official year, to be filled at the Village Election to be held on Tuesday, March 15, 2005 for the following terms: Mayor Two (2) year term Three (3) Trustees—Two(2) year term each Village Justice Four (4) year term Section 2: The Village Clerk is hereby directed to publish the resolution in full in the Journal News: a newspaper of general circulation within the Village of Sleepy Hollow. Section 3: This resolution shall take effect immediately. Trustee Moved: DiFelice Trustee Seconded: Spota Vote: Unanimous �389 I Meeting Date: 10/26/04 Resolution #: 10/191/04 He it Resolved, the Board of Trustees of the Village of Sleepy Hollow does hereby approve the following income scale for the partial property tax exemption for senior citizens for the 2005 Assessment Roll according to Section 467 of the Real Property Tax Law. Maximum Level of Income Percentage of Exemption $24,000.00 50% More than S24,000. Less than S25,000. 25,000. 26,000. 26,000. 27,000. 27,000. 27,900. 27,900. 28,800. 28,800. 29,700 29,700. 30,600. 30,600. 31,500. 31,500. 32,400. 45% 40% 35% 30% 25% 20% 15% 10% 5% I In determining eligibility and levels of income, senior citizen applicants may deduct unreimbursed medical and prescription drug expenses and/or veteran's disability compensation when calculating the "Total Income" of the owners. Trustee Trustee Moved: Spota Seconded: Capossela Vote: Unanimous I • 4- ; -*JTZ j^~-.r ~~~ T^feSA^affe. ^u3fe,' H * ' i ^ * - - * ^ ^ ^ ^ ^ ^ ^ t * ± i * ^ ^ • ^ ^ ^ ^ ^ ^ l ^ ^ f e ^ K ^ i ^ l � 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-2004 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_2004-10-26 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/3a280eabf542f4f41704e7784aaa7959.pdf e980f86852c843334718b969e1231a7c PDF Text Text 390 ,.' 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. November 9th, 2004 at 7:00 P.M. in the boardroom at Village Hall. 28 Beekman Avenue, Sleepy Hollow, New York. Present: I Mayor Philip E. Zegarelli RichZieja Tommy Capossela Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Dave Smith, Planning Consultant Sean McCarthy, Village Architect At 8:00 p.m. the Mayor called the Board into special session. During the Special Session the attached resolutions were acted on as noted therein. Additionally, the board conducted the following public hearings: Public Hearing #1 - continuation - Senior Housing Zoning Amendments. The hearing was opened; Dave Smith provided and reviewed a memo outlining minor proposed changes to the draft ordinance (attached). No one spoke in opposition. On a motion of Trustee Grala, seconded by Trustee Capossela and carried unanimously, the public hearing ' £ > was closed. I Public Hearing #2 - Five acre addition to Hospital zone - the legal notice was read into the record. Andy Tung and Keith Safian provided an update of the overall Phelps master plan project, including revisions to the emergency room facilities. Katherine Zalantis, attorney for Phelps Hospital, reviewed the zone map designation proposal for the subject five acre site into the Village. No one spoke in opposition. On a motion of Trustee Capossela, seconded by Trustee Spota the Public Hearing was closed. On a motion of Trustee Spota, seconded by Trustee Zieja and subject to the review, and approval of the Mayor, the subject department heads, and the Village Treasurer the warrant of November 9th, 2004 and any vouchers as consolidated in said warrant were unanimously approved. At 7:15 p.m. the board went into executive session to discuss pending litigation. At 7:50 p.m. on a motion of Trustee Capossela, seconded by Trustee Grala the board came out of executive session and back into special session. I �301 I At 8:15 p.m. on a motion of Zieja, seconded by Trustee Spota the special meeting was adjourned and the board went into executive session to review current litigation. No action was taken during the executive session which ended at 8:30 p.m. Respectfully sut jtted, Dw'mhtH. Douslas. Villase Administrator I I �392 MEMORANDUM I DATED: November 4, 2004 TO: Hon. Philip Zegarelli, Mayor FROM: David B. Smith, AICP CC: Dwight Douglas, Administrator Robert Ponzini, Village Attorney Chairman Anello, ZBA Chairman Stever, ARB Chairman Robinson, Planning Board Chairman Tanner, Parking Authority Chairman Weiss, WAC Sean McCarthy, Village Architect RE: Senior Housing (Affordable) Permit (A/ -> ~ ^ The Village Board is currently considering proposed zoning text amendments that would allow, by special permit, affordable senior housing developments, within the R-4, R-5 and C-2 Zoning Districts. On September 21, 2004 the Village Board opened a public hearing on the proposed text amendments. To date the Village has received comments from a prospective applicant (Mountco), Westchester County and the public, in addition to the comments raised by individual Board members. The Village Board is particularly concerned about the parking availability for any proposed facility, particularly one located in the Inner-Village area where parking is at a premium. i One prospective location being considered for an affordable senior project is the parking area currently serving the Margotta Courts housing complex. The distribution of the existing 57 parking spaces is broken down as follows: 44 spaces for Margotta Court tenants; 10 spaces for residents of College Arms; and 3 spaces for North Tarrytown Housing Authority (NTHA) employees. As you will recall, the initial version of the proposed zoning text provided for 0.5 spaces per unit. This number was based on other comparable senior housing developments located throughout the country' (see our July 7, 2004 memorandum). The prospective applicant has indicated that they could provide approximately 75 spaces total (44 spaces sufficient to cover the existing spaces assigned to Margotta Courts plus 31 spaces for the new senior housing). The NTHA has indicated that they have available spaces nearby that could accommodate their employees, the 10 spaces rented to residents of College Arms will be discontinued. The 31 spaces for the proposed 75 new senior units equates to a 0.4 spaces per unit ratio. This leaves the prospective development approximately 7-8 spaces short (75 units contemplated x 0.4 spaces per unit = 30) compared to using the 0.5 figure (75 x 0.5 = 37.5, say 38). I �393 A few items for consideration: • Field observations noted that there are two, # 13 Beeline Bus route stops located approximately one-half block from the prospective Margotta Courts parking lot site. The presence of mass transit in proximity to senior development should be one of the determining factors for having a reduced parking ratio. • It is our understanding that the NTH A has approached a neighboring property owner to inquire about the availability of a piece of property adjacent to the Margotta Courts parking area site that could yield additional parking spaces. The addition of land area sufficient to accommodate eight plus spaces would bring the parking ratio back up to the 0.5 spaces per unit originally contemplated in the draft zoning language. • A proposed development that would be consistent with zoning would call for a total unit count of 62 units (62 units x 0.5 spaces per unit =31 spaces). The prospective applicant needs to weigh in on whether the project is economically viable with 62 units, particularly given the cost of constructing structured parking. • The proposed zoning text could be modified as follows to address the parking issue (added text in underlining): 2. Off-street parking will be provided in any combination of parking structures or on-grade areas, and have the minimum number of required off-street parking spaces as follows unless modified by Section 62-22.4.N: A) Independent-living unit: [1] one bedroom: 0.5 per unit 1 [2] two bedroom: 0.7 per unit 1. • Where there is a finding by the Mavor and Board of Trustees that there is adequate mass transit convenient to the SH development the parking ratio maybe adjusted to a figure not less than 033 spaces per unit, One possible long term solution relative to parking in the neighborhood is to evaluate the on-street parking configuration along the lower section of Valley Street. Given that this particular section of Valley Street has a one-way traffic pattern the Village may want to explore the opportunity for creating angled parking. A fairly quick review of the existing street configuration, existing parking layout and curbcuts would yield an overall parking figure that could be compared to existing conditions. One of the obvious benefits of the angled parking configuration is that it yields more spaces per linear foot than parallel parking; one of the drawbacks is that the motorist often has to back into the adjacent travel lane. F:\Nf\M-720 Sleepy HoIiovi-\scnior housingViield obscrvaiionsJ.doc �Meeting'Date: November 9, 2004 Resolution: 11/192/04 RESOLUTION MAYOR AND BOARD OF TRUSTEES FOR PROFESSIONAL CONSULTING SERVICES GREEN SHIELD ECOLOGY, INC. WHEREAS, from time to time the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) has retained consulting services to act on behalf of the Village and provide technical reviews and recommendations relative to the requirements of the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) is currently conducting a SEQRA review for proposed improvements to the Village's water supply infrastructure (the Proposed Action); and WHEREAS, one component of the Proposed Action is the location of a new reservoir tank in proximity to the Village's existing reservoir located in the Rockefeller Park Preserve; and WHEREAS, one of the alternatives being considered is a potential reservoir tank located in a portion of the Kykuit estate in Sleepy Hollow; and WHEREAS, the Village Board seeks to augment its review capabilities by preparing a habitat assessment of potential impacts for the Proposed Action and the aforementioned alternative site; and WHEREAS, the Village has received a proposal from Green Shield Ecology, Inc., 708 Carlene Drive, Bridgewater, New Jersey to prepare the aforementioned habitat assessments; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby authorize the hiring of Green Shield Ecology, Inc. to prepare the aforementioned habitat assessments based on the attached proposal for service for inclusion in the Final EIS. Moved by: Trustee Zieja Seconded by: Trustee Grala Vote: Unanimous �• 395 OCT-28-2004 09:27 (iRIiKN SIHKI.D RCOLCXiY. IXC 761 f!.\KI.IL\H nWVK nnipoi'.w.vn>n. NCW HLRSKY o&so7 sii vi \ Y ii.wnr.i_ i'ii i> UXXIKSCAIV. WSH>HA1K>N AN'i><'o.vii<\«"ii.\r. I vrlUVil Si-nil.r l^iili'ttut (iV»!i-_,(ilil S . . U I X r.l'A.li. . I , „ l I>U)III1K l T a _ l ! l \ > - « A l ! i K»ci'.inji(mih)Wi-WH* October 26.2004 Mr. David B. Smith, AICP Sixccardi and Scruff, Inc. 445 Hamilton Avenue While Plains, NY 10601 lie: Sleep Hollow habitat assessment Dear Mr, Smith. Thank you for an interesting discussion and the documents about this property. Our specific experience is with natural habitat structure, restoration, and ecological monitoring in the greater New. York/New Jersey area, which is quite relevant to your site. My professional training is in m3ny aspects ofplani ecology, particularly the dynamics of plant populations and communities and their restoration. We have worked in forest, field, and wetland habitats in the northeast for over three decads-s, studying the factors that influence the vegetation of these areas, and the effect of recent history and disturbance on the local habitats. Most recently, habitat degradation and the potential to ai'd back biodiversity and improve environmental health have been the focus of our work. I urn enclosing a summary vita that lists my own professional background and training and n list of some of our projects. My staff is highly trained in field botany and ecology, and has worked throughout lhc metro region. Our experience in ecological consulting includes preparing oral and written reports to State and City environmental officials (both in New York and New Jersey) for ccoiogicol assessments. Also, we con prepare detailed plans for restoration of plant communities in wetlands (freshwater and tidal), forests, and meadows, and for the creation of buffer zones. Wc rcgulorly work with muUidi9ciplinary teams of planners, engineers, and architects, end landscape architects. As a Certified Senior Ecologist, 1 work under the Code of Ethics of the Ecological Society of America. I am quite familiar with the habitat in Westchester County, from my long veers as a plant ecology professor, now ot Rutgers University. 1 have reviewed the DEIS (August, 2004) for this project, end spoken to Mr. R. Snyder (Circcnrock) and you for additional background. For this project wc would conduct field analyses of the two sites under consideration, with special attention to: forest structure and diversity evidence of ecological stresses And/or degradation (especially invasive species �OIT-23-2004 09:28 P.03 29* I and hcrbivory) landscape setting and biotic linkages habitat value especially for birdlifc listing of dominant species of all strata existing human impacts. Our report would summarize our findings in these aspects of the landscape, then report our professional opinion of the potential ecological impart of the proposed construction on the natural diversity and function of these parcels. In this work, I would be assisted by an expert in birdlifc and wildlife habitat, to complement my botanical skills, endfieldand lab assistants for data collection und analysis. This work could be performed this, season, with a report to your office in late fall. Our fees for this project would include all staffing, travel, and report preparation needed, and a meeting with you or the client, if requested. We request S23.300 for this project's work end final report. We cany all required liability (S2 million limit) and workman's compensation insurance; COl on request. Thank you for contacting us about this interesting ecological project. Yours truly, Steven N. Handel. Ph.D. Cert. Senior Ecologist I End. . - » f c « « ' » — * »« �397 OCT - 2 8 - 2*034 03:23 GREEN SHIELD ECOLOGY, INC. 703 CtfUNE DRIVE BJUDGEWATRR. NEW JEHSFl' 06607 STEVEN K. HANDEL. PJ..D. LANDSCAPE RESIOKATION AUD CONTRACTING OrlliUil S o l a r Ecologl»'_ _ . (ErtlotflccJ -Vilely of AmcrloO DoyUrRv(788)»S2-«l6 Ertailng (900) 63C-6664 T « (006) S « M * M PROFESSIONAL BACKGROUND OF STEVEN N. HANDEL Academic position';: 1996 - prcscnl. Professor, Department of Ecology, Evolution, and Natural Resources. Rutgers University, New Brunswick, NJ. [Department Chair, 1996-7). Direcior. Center for Urban Restoration Ecology. (1999 - prcscnl) Member, Graduate Program in Ecology &. Evolution, and Graduate Program in Plant Biology [Director. 1986-89). 1985 - 1996. Associate Professor of Biology, Rutgers University. 1979-1985. Associate Professor of Biology. Yale University. Director. Yale University Botanical Garden, New Haven, Connecticut. 1976-1979. Assistant Professor of Biology, University of South Carolina, Columbia, South Carolina. Education: B.A. Columbia College, Major in Biological Sciences, 1969. M.S. Cornell University, Field of Ecology & Evolutionary Biology. 1974. Ph.D. Cornell University, Field of Ecology & Evolutionary Biology, 1976. Additional Appointments: 1983 - present. 1992 - present. 2002- present 1997 - 2001. Certified Senior Ecologist, Ecological Society of America Associate editor, RESTORATION ECOLOGY. Editor. URBAN HABITATS Elected member, Board of Directors, Society for Ecological Restoration. 1998 - prcscnl. Member, National Council. Amrrican Institute of Biological Sciences (A1BS). 1996 - present. Member, Institute for Ecology and Environmental Management (U. K.) �26-2004 03=28 2 1996 • present. Member, Board of Directors, Metropolitan New York Forest Ecosystems Council. , 1995-1996. President, Torrey Botanical Society. 1996. Co-chair, Annual Meeting of the Society for Ecological Restoration, held at Rutgers University, June 17-22. 1995 -1996. Chair, Plant Population Ecology Section, Ecological Society of America. 1991 - 1994. Member, Board of Professional Certification. Ecological Society of America. 1987-1990. Associate Editor, EVOLUTION. 1989 - 1993. Visiting Research Scholar, School of Biological Sciences, Macquaric University, Sydney, Australia 1987. Summer faculty. University of Virginia. Mountain Lake Biological Station, Blacksburg, Virginia. (Course on Plant-Animal Interactions.) 1984. Summer faculty, Rocky Mountain Biological Station, Crested Butte, Colorado. (Course on Plant-Animal Interactions.) 1983 - 1985. Chairman, Genetics Section, Botanical Society of America. Member of the Follnwinp Professional Societies: Society for Ecological Restoration Ecological Society of America British Ecological Society Botanical Society of America American Society of Naturalists Torrey Botanical Society Society for the Study of Evolution Society for Conservation Biology Natural Areas Association American Association for the Advancement of Science (Fellow) Australian Institute of Biology (Fellow) The Explorers Club (Fellow) Representative Professipnal Achievements: Annual Design Award for Environmental Protection and Habitat Rescue. Native Plant Society of New Jersey (1991). For restoration of woodlands on the Kearney. NJ landfill. Annual Award for Natural Landscaping. Statcn Island. New York Chamber of Commerce (1989). For restoration of wetland vegetation buffer zone at Willowbrook Park office complex. Grantee, National Science Foundation, Restoration and Conservation Biology Competition, 1993-2003. For studies on the ecology of woodland restoration on landfills. Elected a Fellow, American Association for the Advancement of Science (AAAS), 2000 �399 OZT-28-2004 P.06 09-' 28 Selected as the Annual Van Brunt Lecturer, Brooklyn Botanic Garden (2000) Board of Directors Service- Award. Society for Ecological Restoration (2000) Finalist, Fresh Kills Park Competition, NYC (2001) Aldo Leopold Leadership Fellow. Ecological Society of America (2001) Member. National Advisory Council. Pittsburgh Parks Conservancy. I I TOTM- P.06 W-VH. ., . ^ T ^ , ^ „-„ , ^ - »"^^*t^n»^:^%fr^~^:^s^^ I �17:3? Fnrc-GAINES GRUNER PONZINI NOVICK LLP Meeting Daw: Resolution j=: 9142880350 7-790 P.005/005 ?-15S 11/9/04 H/193/04 Resolution Authorizing the Settlement of the Tax Petition of L&R Realty Corp., 300-310 Broadway vs. Village of Sleepy Hollow WHEREAS, L&R Realty Corp.,5 ("L&R") has filed tax petitions in Supreme Court, Westchester County, State of New York seeking reductions in their real estate taxes for the years 1998/99 through 2004/05 for its property located in the Village of Sleepy Hollow, and WHEREAS, the petition has been reviewed and evaluated, and it has been determined thai a settlement of this claim would be the most efficient and equitable resolution of this claims and would spare the Village the costs and risks of further litigation, NOW THEREFORE BE IT RESOLVED, that the Village Attorney be authorized to execute a stipulation settling these claims in accordance with his memo of 10/25/04 and the conversion chart thereto which withdraws all claims for the tax years 1998/99 through 2004/05, representing a total refund of approximately S19:000. Moved: Trustee G r a l a Seconded: T r u s t e e CaposselaVote: Unanimous �401 10-25-2004 1?:31 Fros-GAINES GRUNER PONZIN1 NOVICK LLP 9142S80350 T-783 P.004/004 r-155 Meeting Date: 11/09/04 Resolution #: 11/194/04 Resolution Authorizing the Settlement of the Tax Petition of Abel Correia and Lurdes Correia vs. Village of Sleepy Hollow . WHEREAS, Abel Correia and Lurdes Correia ("Correia) filed tax petitions in Supreme Court, Westchester County, State of New York seeking reductions in their real estate taxes for the years 1999 through 2004 for the property located at 2S Chestnut Street, Sleepy Hollow. New York, and WHEREAS, the petitions have been reviewed and evaluated, and it has been determined that a settlement of these claims would be the most efficient and equitable resolution of these claims and would spare the Village the costs and risks of further litigation, NOW THEREFORE BE IT RESOLVED, that the Village Attorney bs authorized to execute a stipulation settling these claims in accordance with his memo of 10/25/04 which withdraws all claims from 1994 with the exception of tax years 2002/03- reduction of $19,700, tax year 2003/04-reduction of 523,900 and tax year 2004/05-reduction of 30,400. M o v e d : T r u s t e e Capossela Seconded: T T -„ g t c e s tfl Vote: ^ a n i m o u s I � 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-2004 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_2004-11-09 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/8943e2b61ee2ac7f8a64feaf4966bf70.pdf a9df692ba45c2063be004700e17eafa9 PDF Text Text 402 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, November 16th, 2004 at 7:00 P.M. in the boardroom at Village Hall," 28 Beekman Avenue, Sleepy Hollow, New York. Present: I Mayor Philip E. Zegarelli Mario DiFelice Andy Murray Rich Zieja Tommy Capossela Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Robert Ponzini, Village Attorney Dave Smith, Planning Consultant Sean McCarthy, Village Architect At 8:00 p.m. the Mayor called the Board into special session. During the Special Session the attached Mayor's appointments were confirmed and the resolutions were acted on as noted therein. At 8:15 p.m. on a motion of Trustee DiFelice, seconded by Trustee Murray the special meeting was adjourned and the board went into executive session to review current litigation. No action was taken during the executive session which ended at 8:35 p.m. Respectfully submitted, i Dwight HTDouglas, Village"A"dministrator I , , - *— t ^ - ^-^^;4ijj!i t ^ ^ V i ^SMSFJ^V!^^^^ �403 I Committees of the Board of Trustees: Committee: Chairman: Community Relations/Franchises: Grala Members: Zieja, Murray Finance: Zieja Murray, Capossela Police: Spota DiFelice, Zieja Public Works: Di Felice Capossela, Murray Fire: Zieja Spota, DiFelice Administration: Capossela Grala, Spota Recreation: Grala Zieja, Capossela Governmental Relations: Murray Spota, Grala Special Projects: DiFelice Capossela, Murray Be it resolved that the Board of Trustees of the Village of Sleepy Hollow confirms the creation and appointment of same Trustees to the aforementioned committees as presented for the 2004-2005 official year. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous [Mayor Zegarelli shall be an Ex-Officio member of all Committees.] I �Meeting Date: 11/16/04 Resolution/*: 11/195/04 VILLAGE KOARD FINDINGS AND RESOLUTION ZONING DESIGNATION H-HOSPITAL WHEREAS, the Phelps Memorial Hospital Association has submitted a petition to the Village of Sleepy Hollow (Village) to permit the zoning of approximately five (5) I acres of vacant land, which was to be annexed from the Town of Mount Pleasant to the Village of Sleepy Hollow, as part of the Hospital (H) District, and WHEREAS, on September 21, 2004 a joint meeting was held on the issue of annexation of the parcel, pursuant to duly published notices, and WHEREAS, the Planning Board of the Village of Sleepy Hollow, as Lead Agency, conducted a coordinated review of this project, including the proposed annexation and zoning issues, under SEQRA and issued a negative declaration, and WHEREAS, the Town Board of the Town of Mount Pleasant and the Village Board have both adopted resolutions approving the annexation, and WHEREAS, the Planning Board has recommended that the proposed zoning take I place, and WHEREAS, a duly noticed hearing was held on November 9, 2004 with respect to the proposed local law amending the zoning ordinance to provide for the proposed zoning. NOW THEREFORE, it is RESOLVED: The Mayor and Board of Trustees hereby adopts the local law which in accordance with the provisions of section 62-6 of the Zoning Ordinance of the Village of S05225.1 I �:•»'•. 405 I Sleepy Hollow provides that the Official Zoning Map of the Village is hereby amended bv adding to the Hospital (H) District a certain parcel of land, consisting of approximately five acres, acquired by the Phelps Memorial Hospital Association and annexed to the Village of Sleepy Hollow which is known and designated on the tax assessment map of the Village as section 11, block 01, lot 0003.A1P. Moved: Trustee Spota Seconded: Trustee Capossela Vote: Unanimous I I �406 Meeting Date: 11/16/04 Resolution #: 11/196/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Setting December Meeting Dates Be it resolved that the Board of Trustees of the Village of Sleepy Hollow hereby sets the following December Meeting Dates for 2004: Tuesday, December 7, Work Session Wednesday, December 15, Day of Remembrance Tuesday, December 21, Regular Session Moved: Trustee Capossela; Seconded: Trustee Grala; Vote: Unanimous � 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-2004 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_2004-11-16 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/97f0d5b94c7663205836a213b67414c5.pdf 2d8cb031c5fadebd368cc5954ed7cb5c PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, November 23, 2004 at 7:50 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota Thomas Capossela Kay Brown Grala (Arrived Late) Andrew Murray Richard Zieja Trustees Also Present: Dwight Douglas, Village Administrator Absent: Robert Ponzini. Village Attorney Trustee Spota moved, seconded by Trustee DiFelice to start the meeting at 7:50 pin, motion carried. Mayor Zegarelli called the meeting to order with a prayer and pledge to the Hag. Approval of Minutes Trustee DiFelice moved to approve the minutes of October 26, 2004, seconded by Trustee Spota and motion carried unanimously. Trustee Spota moved to approve the minutes of November 16, 2004, seconded by Trustee Capossela and carried unanimously. Public Hearing Mayor Zegarelli commented that since Trustee Grala will be a little late, we will hold off on the Public Hearing until she arrives. Approval of Warrants Trustee Capossela moved, seconded by Trustee Zieja to approve the warrant of November 23,2004, subject to review, approval and signatures of the Mayor and Acting Village Treasurer, motion carried unanimously. Total of the General Fund is SI 96,256.47, total of the Capital fund is 5172,987.50 and Water Department total is S10,501.06. Mayor's Announcements Mayor Zegarelli reported that the Police Department arbitration hearings are almost completed. Mayor Zegarelli appointed Robyn DeCarlo as Village Treasurer for the unexpired term of Abraham Zambrano. Trustee Zieja moved, seconded by Trustee Murray to approve the Mayor's appointment. Motion carried on roll call vote with all trustees voting YES. �OC 408 Public Hearings Trustee Murray read the attached public hearing notice regarding amending the "Tree Ordinance" local law and the Mayor explained that since the Village Attorney was unable to attend tonight's board meeting, he asked that we carry the hearing over to the next work session on December 7, 2004. Trustee Murray so moved, seconded by Trustee DiFelice and motion carried. Public Comments-None Mayor's Report Mayor Zegarelli reported that we have acknowledged receipt of DEIS filed by Roseland and General Motors for the former GM site. Dave Smith, Consultant for Saccardi and Schiff commented that these are not final and therefore not available for public distribution. Trustee Reports Trustee DiFelice read the attached Public Works Report. Trustee Spota reported that the Public Safety Committee met on Monday night and they commended Joe DeFeo and his crew for all the great work they do. Trustee Spota commented that a letter of commendation to Chief Warren was received from the US Department of Justice National Corp Intelligence Center thanking him for completing the National Threat survey. A letter was received from a resident of Ossining thanking the Sleepy Hollow Police Department, Fire Department and Public Works Department for rescuing her dog from the MTA maintenance platform when he got away from her while she was strolling one of our village parks. Trustee Capossela reported that the Public Works crews are installing the holiday decorations outside Village Hall. The village is currently reviewing contract for a new roof on Rescue Hose which we will be adopting a resolution tonight approving it. Many other improvements have already been done at Rescue Hose such as painting and baseboard heat. Trustee Capossela will be meeting with Joe DeFeo next week to tour certain areas of the village to check other village buildings to discuss any work that might need to be done. Trustee Zieja reported that the following new members have been accepted into the Ambulance Corp; Peter Dreessem, Ray Vetrano and Thomas Corveddu. Trustee DiFelice moved, seconded by Trustee Spota to confirm these appointments, carried. Trustee Zieja reported that Melissa Smutek and Angela Martello have been accepted into the Junior Ambulance Corp Program. Trustee Capossela moved, seconded by Trustee Zieja to confirm these appointments, carried. �Trustee Murray had no report. Administrator's Report Dwight Douglas reported that the plans for Barnhart Park are moving along. ^ ^ 9 He and Trustee Grala attended a Trailways Committee meeting. Dwight Douglas and Joe DeMilia had a conference call with Moodys regarding our bond issue. The 2005 calendar is almost completed. I The website is being worked on. Air. Douglas thanked Joe DeMilia for all his help during the absence of a Village Treasurer. Resolutions-Attached There being no further business, Trustee DiFelice moved, seconded by Trustee Murray to adjourn the meeting, carried. Trustee Murray moved, seconded by Trustee DiFelice to move into executive session to discuss personnel and litigation but no action will be taken. Respectfully submitted, Angela Lverett Village Clerk I I * l * i - . -.* -'•**--".*0?^!™.* ^•^-•^Stii^tii.* B» i--\f l i i i j g j �410 I VILLAGE OF SLEEPY HOLLOW NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Board of Trustees of the Village of Sleepy Hollow on the 23rd day of November, 2004 at 8:00 p.m. at Village Hall located at 28 Beekman Avenue, Sleepy Hollow, New York to consider the adoption of a proposed local law to amend Chapter 52A of the General Code of the Village of Sleepy Hollow entitled "Tree Conservation". The proposed amendments will permit the Tree Commission to waive the necessity for a formal public hearing for the removal of no more than two (2) trees on private property, to provide for the overall supervision of the Tree Commission by the Department of Architecture, Land Use Development, Buildings and Building Compliance, for the mandated review of certain Planning Board actions by the Tree Commission, and for the increase in penalties for violation of this local law. All residents of the Village of Sleepy Hollow and parties in interest are entitled to be heard at said hearing. The hearing is accessible to the handicapped. BY ORDER OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW Dated: November 5, 2004 Angela Everett Village Clerk I -i, t * , i . . VJ... ^ . - « ^ ^ J « * F i * - * f * l j A . * * . » i 4 ; r f i 4 p » �I of &eewHc*c<»ontKe23rdrjjyi of November. 2004 at 8 00 pjn. a Visage HaS located a; 23 Beelman Ayenue. Sleepy HoSc*. ! He* York to corsidei the adoo6oo ol a proposed local I m to amend Chapter 52A of the General Code of the Vittsse of Stespy HoSov» traded "Tree Conserve from (The Journal Nous tiOft". I STATE OF ! G W YORK XKJNTY OF WESTCHESTER The proposed mavimentj » f l ] permit the Tree CommtssRm to j * j « the necessity for aformalI pubic hearing for the removal of no more than two (2) trees on pri-1 v£e property, to provide for the < overaa supervision of the Tree Commission by the Department of Architecture, land Use Development Buildings and BuUng Compliance,forthe mandated review of certain Planning Beard actions by the Tree Comrnissiort, and for the increase in penaltes " for violaoon of this local b » Northern Area Ilk Ossuig Peefag PO<VTX?A duty sworn, says thatfte&teis Hie princfaai c$ {fc«s, a newspaper pubfehed in the County o A3 rtsidena of the VIBage of Stse of New Yfcric, snUbenoboe of which * e ^ a * S f i d » ' t ^ « 1 the newspaper-'^ , scopy,1 _;p«**sfced« The hearing is arressiWs ;o r « ' lefiand ontoedates" cheated below: handicapped. ' PuuxlRtdg? Piftiys StnbOak Saab Salem if • t vespemcK Waccsboc BYCWDEHOFTrE BOARD Of TRUSTEES Of THE VOIAGE Cf SUEW HOUOW k Jrili r. i • i Valey KStoSh Uocatadafe ( \ eu-ttvC? \ V . .. - : v _ Dated; fiovemiwS. 2004 CoUSpRK) fidlli'lOU LakePeeksfcB *^rtfn'frTfPi- 1 ft* Maheganlakg 2 3 4 5 6 7 8 9 10 Tl|T2Jl3|l415 16 1718 X Yatey . Mount Kss& Centra! Area 1! 21 22 23 24 25 2 6 27 28 29 30 31 19 . Anfetey JWsteyonHodson Ddbtstnaiy Budoffj &eenbarc£ tiaicui Ht 1 rmj^aot^c PcrtChesrr Purchase Ii)fc ftert** Uuyftm | HdUlilUf SignedJE&L Hastagsai Hudson sSbemArea ItacntVerocrt PtibacD Biu ii *BL Sworn to beroreme Iras Ics*^ SdEsem Pmi'Jk 1 Cengss SaBoer**e SsaftS SptngVbSey SonrPces 2QOl dav of .day or. ^vo^fac- Cwf$'/7l(7^ Noiaiy Pifflfc, Westchester County Htoocn NearCSy Tbefc Wtes:Ha*e=s=a»r Peart FSver Plessccc ! i \ LOLAM. HALL NOTARY PUBLIC, STATE OF NSiV YORK NO.01HA6112693 QUALIFIED IN WESTCHESTER COUNTY TERM EXPIRES JULY 6, 2006 I ' • I K M ^ - V Gi^j^r^r^ ^ v ^ - ^ * ' ^ - ^ ^ i ^ - ^ i »^^ J ^^j*-iiiJt&&KS&3SH^3Eail^ �412 PUBLIC WORKS REPORT NOVEMBER 23, 2004 IMPORTANT NOTICE!!! VILLAGE OFFICES WILL BE CLOSED Thursday AND FRIDAY THIS WEEK FOR THE THE THANKSGIVING HOLIDAY. THERE WILL BE NO MORE REGULAR GARBAGE PICKUP THIS WEEK. IT WILL RESUME NEXT WEEK. ONLY RECYCLING WILL TAKE PLACE TOMORROW (WEDNESDAY) THROUGHOUT THE ENTIRE VILLAGE CHRISTMAS DECORATIONS ARE IN THE PROCESSOF BEING INSTALLED. WE HOPE TO PURCHASE NEW DECORATIONS FOR NEXT YEARS CHRISTMAS SEASON. Water meter reading has been completed for this quarter. Leaf pickup is aimost 80% completed and will continue until the first snowfall or the end of December. New street signs are being installed in Philipse Manor. Show removal equipment is 90% operational. New electrical service is being installed in Kingsland Point Park. Repairs to the stormdrain system on Gordon Avenue between Rice and Katrina Avenue is scheduled for next week. �4J.3 Meeting Date: November 23, 2004 Resolution # : 11/197/04 DECLARATION OF LEAD AGENCY NEGATIVE DECLARATION ADOPTION OF ZONING TEXT AMENDMENT I WHEREAS, the Village of Sleepy Hollow Board of Trustees (the Village Board) has initiated the preparation of proposed zoning text amendments to allow affordable senior housing developments as a special permit use in the R-5, R-6 and C-2 zoning districts (the Proposed Action); and WHEREAS, the proposed action is classified as a Type 1 action under Sections 617.4(b)(2) and (9) of the State Environmental Quality Review Act (SEQRA); and WHEREAS, a Lead Agency must be established for the environmental review of the proposed action, pursuant to the requirements of SEQRA; and WHEREAS, the Village Board circulated a Notice of Intent to become Lead Agency and received no objections from the various interested and involved agencies; and, WHEREAS, the Village Planning Board, as required under Section 62-53 of the Village Zoning Code provided a written report to the Village Board with their recommendations relative to the proposed zoning text; and WHEREAS, the Village Board, on September 21, 2004, held a duly noticed public hearing where all members of the public were allowed to be heard and comment on the proposed zoning text amendments; and I WHEREAS, the Village Board held the pubic hearing open and did receive additional comments from the public, including written correspondence from Westchester County; and WHEREAS the Village Board did close the public hearing on November 9, 2004; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees does hereby declare themselves to be the Lead Agency in this matter and have conducted a coordinated review for the Proposed Action; and, be it further RESOLVED, that the Village Board finds that the Proposed Action will provide enhanced opportunities for the creation of affordable housing for senior citizens in the Village of Sleepy Hollow and the surrounding area; and be it further RESOLVED, that based on the environmental record before it, including a full I •j % *%. •? ; j h V *&&?•- ,*"&£ <* *&JS£?&* 5 - W & - W J ^ - i -* J~ U jfJ^-^Sfr-i i ^ n S ^ . ' &M ^&^*^J^£ra^&Sfefe44^.^^^ �414 I environmental assessment form and various supporting documentation provided by Village staff and the Village's planning consultant the Village Board finds that the Proposed Action will not have a significant impact on the environment and that a Draft Environmental Impact Statement will not need to be prepared; and be it further RESOLVED, that the Mayor and Board of Trustees does hereby adopt the proposed zoning text amendments establishing Senior Housing (Affordable) as a special permit use in the R4, R-5 and C-2 zoning districts. Moved: Trustee Capossela Seconded: Trustee Zieja Vote: Unanimous This Resolution and accompanying items have been circulated to the following as per the requirements of SEQRA: Philip Zegarelli, Mayor, and the Board of Trustees Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Nicholas Robinson, Chairman, Planning Board Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Paul Janos, Mayor Village Hall 21 Wildey Street Tarrytown, NY 10591 Paul Feiner, Supervisor Town of Greenburgh Town Hall 177 Hillside Avenue Greenburgh, NY 10607 Erin Crotty, Commissioner NYS Dept. of Environmental Conservation I Westchester County Planning Board County Office Building Marc Moran, Director Region 3, NYS Dept. of Environmental Conservab'on N e w ^ ^ T ^ * 1 All corresponaence should be directed to: Angela Everett, Village Clerk Village of Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 F:\M M-720 S>eepy Hona.v\M-720.54 Sr. Housing Floating Zone\LA NEG DEC - VB.cSoc I . e - „ " f t t - o t * -*«»^.w-i-i w J*t*'iS(Cti«*,Tt»S^^'sfc ; Ba«---' i ^ ^ - i ^ - ^ ^ ^ ^ t a i s 3 W t « S i i * S S s ! * j i S S » ^ S i R H ^ ^ s r f �A LOCAL LAW amending Section 62-22 of the Village of Sleepy Hollow Code, Westchester County BE IT ENACTED, by the Board of Trustees, of the Village of Sleepy Hollow, as follows: The Village of Sleepy Hollow Local Law be and hereby is amended by this Local Law as follows: By the addition of the following provisions to Section 62-22 ARTICLE VI Senior Housing (Affordable) Special Permit § 62-22.4 Senior Housing (Affordable) Special Permit A. Purpose and intent. Pursuant to the public purpose of providing specialized affordable housing facilities for senior citizens to meet the special housing, health care, social and recreational needs of this segment of the population, the Mayor and Board of Trustees establishes a special permit use, Senior Housing (Affordable) (SH). that permits'the development of multi-family senior housing as specified herein. B. The SH special permit use is allowed in the following districts in the R-5 Multiple Residence/ Moderate Density (R-5), R-6 Multiple Residence/ High Density (R-6) and C2 General Commercial (C-2) Districts subject to the following standards and requirements. C. Definitions. As used in this section the following terms shall have the meanings set forth below: AFFORDABLE SENIOR CITIZEN FACILITY - A residential dwelling unit made available for sale or rent such that the shelter portion of the housing cost is below the market price of such units, to be determined as follows: 1) Units for rent. Total annual rent shall not exceed 80% of the county median household income, as determined by the United States Department of Housing and Urban Development (HUD), times 30%. 2) Units for sale. Sale prices shall not exceed 3.3 times 80 percent median county household income as determined by HUD. SENIOR DAY-CARE FACILITY - A facility with limited operating hours where specialized care-giving and supervision are provided for three or more adults who may have difficulties with one or more essential activities of daily living, such as feeding or mobility, away from �41G I their own homes for less than 24 hours per day. SENIOR INDEPENDENT-LIVING FACILITY - A building, portion of a building or group of buildings containing dwelling units with full kitchens specially designed for use and occupancy by the elderly which may have common amenities but no common dining and whose occupancy is restricted to persons 62 years of age or older or couples where one member is 62 years of age or older. I). Special Permit Uses. An affordable senior housing community consisting of a building or buildings erected, altered or used for senior independent living as a special permit use within the R-5. R-6 and C-2 Districts as set forth in the Schedule of Regulations. E. Accessory uses. Senior Housing Floating Districts may contain or provide uses necessary to and customarily incidental to such facilities where such uses are limited to use by residents, their guests and employees as follows: I 1. Community meeting rooms. 2. Senior day-care centers. 3. Medical offices, limited to use by residents, with no visible sign announcing their presence. 4. Physical therapy and exercise rooms, limited to use by residents. 5. Outdoor active and passive recreation space. Height A. No principal building shall exceed four stories or 50 feet in height. The height to be calculated as the vertical distance measured at each point along the base of the building from the finished grade at that point to the highest point of a flat roof directly above or to the mid-point of a pitched roof directly above. Any proposal that exceeds the above referenced height must apply to the Mayor and Board of Trustees for a special permit. The Mayor and Board of Trustees will take into account the compatibility of the proposed increase in building height with the surrounding residential neighborhood. B. No accessory building shall exceed one story or 12 feet in height. I �417 G. Plot area; Frontage, density of population. Every project under this article shall occupy a plot of not less than 0.4 acres. There shall be a minimum of 100 feet of frontage. The maximum allowable density in the SH district shall be calculated based on the following density: Maximum Units/Acre Type of Facility I Senior independent living 100 In the event that a proposal for a senior housing development or an expansion of an existing senior housing development exceeds the density as outlined in this Section, a special permit must be first be granted by the Mayor and Board of Trustees consistent with Section 62-2.4.1 of the Village Zoning Code. II. Building area. In the case of SH developments, the maximum coverage of land by principal and accessory buildings shall not exceed 80 percent of the lot area. I. Floor area. 1. Buildines containing the following senior citizen facilities shall have the followhm minimum and maximum gross habitable floor area per unit: Type of Facility i Senior independent living Senior congregate living Minimum Floor Area/Unit (square feet) 600 550 Maximum FIooi Area/Unit (square feet) 1.600 1,600 2. For senior independent facilities, a minimum of 40% of the dwelling units shall be one bedroom units. No dwelling unit shall contain more than two bedrooms. 3. No basement apartments shall be permitted in any senior citizen facility other than one such apartment for the use of a superintendent, custodian or other person in charge of the maintenance of such dwelling. I �418 Required yards and perimeter buffer area. 1. The minimum required yard areas for and SI 1 use shall be: front yard 20 feet: side yards 10 feet; rear yards 20 feet. 2. There shall be a minimum perimeter buffer of 10 feet around all SH communities, suitably landscaped and permanently maintained with planting of trees and shrubs in accordance with specifications of an approved site plan. Separation of buildings. A. There shall be a minimum distance of 25 feet between any two main buildings on the same lot within the SH District. B. All buildings shall be situated in such a manner as to provide adequate light and air. Open space and amenity space. A minimum of 25 square feet per dwelling unit of indoor common amenity space other than dining space shall be provided. A minimum of 50 square feet of common outdoor active and passive recreation and open space shall be provided per dwelling unit. Design features. All senior citizen facilities shall be designed to meet the special needs of senior citizens and at a minimum shall contain the following: 1. A call button monitoring or equivalent system within each dwelling unit for emergency calls to on- or off-site emergency personnel. 1. Exterior access, at a minimum of two locations, without steps. 3. Grab bars in all tub and shower stalls. 4. Corridor length and design to facilitate wayfinding. 5. Elevators required for access to all units above the first story, suitably designed to accommodate the needs of emergency service personnel. 6. Non-skid floors. /'. Handle-type spigots and doorknobs. �8. In all rooms, doors of sufficient width to accommodate wheelchairs. 9. Separation of vehicular circulation drive from pedestrian walks. 10. Changes in grade on walk systems to be accomplished by ramps. 11. Passenger drop-off for occupants and visitors near entrance and elevator halls of buildings. All design features shall be subject to and in conformity with all applicable regulation related to the Americans with Disabilities Act. Parking requirements. 1. Off-street parking for senior residence communities shall be calculated based upon the total of the parking requirements of the individual components which comprise the SI 1 where such requirements are set forth, with the exception that up to a ten percent reduction in the requirement maybe applied for and granted by the Mayor and Board of Trustees based on a demonstration that a sharing of personnel between facilities would effectively reduce the required parking. 2. Off-street parking will be provided in any combination of parking structures or bn-grade areas, and have the minimum number of required off-street parking spaces as follows unless modified by Section 62-22.4.N: A) Independent-living unit: [1] one bedroom: 0.5 per unit1 [2] two bedroom: 0.7 per unit 1. Where there is a finding by the Mayor and Board of Trustees that there is adequate mass transit convenient to the SH development, the parking ratio may be adjusted to a figure not less than 0.33 spaces per unit. B) Elder day care: 1.0 spaces per employee Age Restrictions. Occupancy of dwelling units within a SH shall be restricted to persons sixty-two (62) years of age or older, or couples, one of whose members is 62 years of age or older. Persons less than 18 years of age shall not be permanent residents under any circumstances, subject to all applicable laws and regulations. The foregoing restrictions shall not apply to one on-site caretaker/administrator, if so proposed as part of the SH application, whose full- �42C time job shall be the maintenance and/or management of the SH development. Restrictions relating to age and occupancy shall be set forth in a covenant, acceptable as to form, by the Village Attorney of the Village of Sleepy Hollow. Said covenant shall be recorded in the County Clerk=s office and shall run with the land and shall bind all owners of the property. Affordable Units. For owner occupied units, the affordable units shall be sold at a price not to exceed 3.3 times 80% of the median household income for Westchester County, as established annually by the U.S. Department of Housing and Urban Development. A covenant shall be recorded in the County Clerk=s office, which shall provide that resale of any affordable housing units may not sell for a price exceeding 3.3 times 80% of the median household income for Westchester County, as established annually by the U.S. Department of Housing and Urban Development. For rental units, the maximum monthly rent for the affordable units shall not exceed 30 percent times 80% of the median household income for Westchester County, as established annually by the U.S. Department of Housing and Urban Development, divided by 12 months. Said amount shall include utilities and common charges, if any. Selection of Occupants of Affordable Housing Units. The Village of Sleepy Hollow shall develop procedures to guide in the solicitation of applications and the selection of potential occupants for the affordable units, with preference given to residents of the Village of Sleepy Hollow as permissible by law and the New York State Division of Housing and Community Renewal. The maximum household income for affordable units shall be 80% of the median household income for Westchester County families as established annually by the U.S. Department of Housing and Urban Development. Location of Affordable Units in Market Rate Developments. Affordable units when provided as part of a market rate development shall be physically integrated and interspersed into the design of the development in a manner satisfactory to the Village Board, avoiding designated affordable units being located adjacent to one another. The affordable units shall be distributed among various proposed bedroom-sized units in the same proportion as the overall development. Common Property. The ownership, maintenance and preservation of common property shall be permanently assured to the satisfaction of the Village Attorney by the filing of appropriate easements, covenants and restrictions, as necessary. For ownership projects, the formation and �incorporation of a homeowner or condominium association shall be required to maintain common property. Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments in accordance with the laws of the State of New York. In the event that the homeowner or condominium association fails to perform the necessary maintenance operations, the Village of Sleepy Hollow shall be authorized, but not obligated, to enter on such premises for the purpose of performing such operations and to assess the cost of so doing among all affected property owners. Procedures. Application for a special permit for Senior Housing shall be made to the Mayor and Board of Trustees. The Special Permit application shall be in a form sufficient to enable the Village of Sleepy Hollow to evaluate the applicants proposal and its consistency with the intent, purposes and general design standards expressed herein. The petition for a special permit shall also be accompanied by the following: (a) A written description of the proposed development. (b) A concept plan including all the items listed below: 1) The disposition of various land uses and the areas covered by each, in acres. 2) A sketch of the interior road system with all existing and proposed rights-of-way and easements, whether public or private. 3) Delineation of the various residential areas, indicating the number of dwelling units, square footage and bedrooms by each housing type and square footage for accessory uses. The plans shall show the density, in dwelling units per acre, for the entire development. Sample floor plans shall be provided for each unit type. 4) The open space system and proposed recreation facilities, and a statement as to how said system is to be preserved as such throughout the life of the development and how it is to be owned and maintained. 5) An illustrative site plan, indicating the relationship between the proposed road system, parking lots, buildings, open spaces and other physical features. �MOO I 6) Schematic water, sanitary sewer and stormwater management systems and how they are proposed to be connected to the system in adjoining areas, or be built on the site. 7) Physical characteristics of the site, including topography, areas of slope in excess of fifteen (15) percent, soils, rock outcrops, streams, wetlands, lakes, ponds and floodplains and all proposed alterations of said physical characteristics. 8) Estimates of peak-hour traffic generation derived from recognized traffic engineering source material or actual field counts, and its relation to surrounding development, including surrounding roads and intersections, including methods developed for mitigating any demonstrated adverse traffic impacts. 9) Analysis of market demand for the proposed senior development, based upon demographic factors and existing housing supply; such analysis shall include a review and conclusion concerning the anticipated number of occupants or purchasers of the specific proposed development who shall be existing residents of the Village of Sleepy Hollow. Such analysis shall be based upon a specific evaluation of individual market demand. 10) Comparison of the proposed development under SH to the likely development yield under existing zoning in terms of traffic, taxes and aesthetic issues. 11) If the development is to be staged, a clear indication of how the staging is to proceed. The plan shall show each stage of development with the approximate time required for anticipated commencement and completion. The Village Board may retain professional consultants deemed necessary in order to review any proposed SH concept plans, with funding for said consultants provided by the prospective Applicant for the SH development through the establishment of an escrow account. The amount of said escrow shall be determined by the Village Board in consultation with the applicant. Concurrent Site Plan and/or Subdivision Review. An applicant may submit a detailed site plan and/or subdivision concurrently with the special permit petition, . - —£-«, iv fi!LS '- J^inf % t J?.- j-i^fc *. k * w i - « ^ ^ v ^ # ^ l i k * a ^ l ^ ^ I I �423 subject to site plan and/or subdivision review procedures for the Village of Sleepy Hollow including Planning Board review and approval of said plans and related documentation. Approval of a site plan and/or subdivision may not, however, occur until the issuance of the special permit. 4. Village Board Action on the Application for a Special Permit. a) The Village Board shall refer the petition for special permit and all accompanying maps, plans and reports to the Village Planning Board, the County Planning Department and other boards and agencies in accordance with applicable laws and regulations. Said boards, agencies and departments shall be provided a period of thirty days to report back to the Village Board prior to a decision being made on the said application. b) Following required public hearing(s) (which shall be held on notice which shall be furnished and accomplished by the applicant, at the sole cost and expense of the applicant, by mailing at least seven (7) days in advance to all property owners of properties located within two hundred fifty (250) feet of any boundary of the property under consideration) and project review under the State Environmental Quality Review Act (SEQRA), the Village Board may approve or disapprove the special permit petition in accordance with the provisions of applicable law. I 5. Special Permit Approval The Village Board may authorize the issuance of a special permit for a SH project, after a public hearing and provided that it shall have met the following conditions and standards: a) The SH use shall be of such character, intensity, size and location that in general it will be in harmony with the orderly development of the neighborhood in which it is situated and will not be detrimental to the orderly development of adjacent districts. b) The likely marketability of the proposed units in relation to previously approved SH developments throughout the Village and the potential saturation of SH units in any given neighborhood. c) the suitability of the site for the senior population in terms of vehicular access, walk-ability for pedestrians and overall traffic concerns. d) the compatibility of the SH site within its environment, including surrounding land uses and landscaped buffers, and in the case of redevelopment sites or conversions, with the contextual development of surrounding buildings and uses. i 6. The Mayor and Board of Trustees, at its discretion, may attach any reasonable I t*5sM- • - ' ' • • * * - > - • „ « « m , i & A ™ r u i i aittbaiJwiamaa4iS3mrfBto»&4toiil£B) �424 I conditions on an approval of a SH development as necessary to assure conformance with the intent and purposes of the Vil!age=s Local Waterfront Revitalization Plan and the SH regulations, as specified herein. The conditions of approval shall specify all relevant procedures for unit sale or rental, reoccupancy, income verification and related costs. F:\\! AI-720 Sleepy i loIItm'Ai.720.54 Sr. Housing Floating Zone'AS-720.54 Rezoning update worddoc I I 1 ».«_Jj;«^^I&Siufh',-i.lr=i 1_--,^- A^^efcv-nslwwBo « A - «*•-' ^Ma^a*j*j^s^fiadKafiaBBfiifeiiEi^Sa*iaS �425 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Payment of Carryover Vacation Days I Whereas by prior action the Board of Trustees approved the carryover of seven accrued vacation leave days for Rae Lee from the 2003/04 fiscal year to the 2004/05 fiscal year and said employee has now requested that the seven days be paid out, Now. Therefore, Be It Resolved that the Board of Trustees does hereby approve payment for these seven accrued vacation days. Moved by: Trustee Grala, Seconded by: Trustee Zieja, Vote: Unanimous Resolution: #11/198/04. Date: 11/23/04 I I - _iii»-.j,.i«._ji-i - u ^.: l i v<-» ^a,-i^&ta&£s&*£RaJSirt&fed&&isgait&t8s&5&& �426 I Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Formal Request to Establish Neighborhood Revitalization Strategy Area Whereas, pursuant to meetings with County of Westchester Planning Department staff to review upcoming Community Development Block Grant funding requests, it has been determined beneficial to establish a defined Neighborhood Revitalization Strategy Area to comprehensively target programs and funding opportunities to address defined neighborhood needs (as more fully described in the attached draft Sleepy Hollow Neighborhood Revitalization Strategy Area - NSRA - pilot program). Now, Therefore. Be It Resolved that, the Village Board herein authorizes the Mayor to finalize and transmit the attached draft NSRA pilot program to designated County planning staff and to take other such steps as are necessary to effectuate the intent of this resolution. Moved by: Trustee Zieja, Seconded by: Trustee Murray, Vote: unanimous I Resolution: # 11/199/04, Date: November 23, 2004 I �427 I Village of Sleepy Hollow Draft Neighborhood Revitalization Strategy Area PILOT Program (11/23/04) I I �428 Consolidated Plan Westchester Urban County Consortium Village of Sleepy Hollow Downtown Revitalization Strategy Introduction The Village of Sleepy Hollow's Downtown Neighborhood Revitalization Strategy serves as a section of the Westchester Urban County Consortium's FY 2000-2004 Consolidated Plan. There are several benefits to establishing the designation of the Downtown Neighborhood. There is a benefit to the entire Westchester Urban County Consortium as public services provided within the Neighborhood Revitalization Strategy Area are exempt from the Consortium-wide 15% cap on public service projects. At the same time, it enables the Village the opportunity to concentrate on providing public improvements and services in an area where the need is clearly documented. in addition, the establishment of the Downtown Neighborhood Revitalization Strategy will relieve businesses within the Area of the burden of a detailed documentation related to the County's Economic Development Loan Program - a program which has been successful in retaining jobs for low and moderate income persons within the Village. Clearly the greatest benefit of the establishment of the Neighborhood Revitalization Strategy is that the Village will be able to undertake important community development activities within the framework of a well thought out and comprehensive plan, thereby improving the overall effectiveness of the Village's effort. For the 2000-2002 round of the Westchester Urban County Community Development Block Grant Program, the Village of Sleepy Hollow has proposed to initiate a comprehensive revitalization initiative in the downtown neighborhood district. This Neighborhood Revitalization Strategy program seeks to create partnerships among the key stakeholders in the community in order to best deliver needed programs and services to the predominantly low and moderate income community in order to improve the overall quality of life of area residents. In addition, the program addresses the area's economic needs through a comprehensive economic development program designed to spur businesses to relocate or expand into the area and ultimately, to create jobs. Related public facility improvements and the elimination of blighting influences are included in this comprehensive initiative. .Neighborhood Revitalization Strategy Area Boundaries: The Neighborhood Revitalization Strategy area of the Village is comprised of Census Tracts 116.01, 116.02, and 116.03. This area is bounded by the former General Motors assembly plant and the Metro North Railroad tracks to the west. It runs along the south side of Beekman Avenue and Broadway, with Broadway (Route 9) to the east, and Division and College Avenue to the south. See Map IV-E. This area encompasses the downtown, an industrial area, and a part of the Village's waterfront area. This area is primarily residential in that the majority of buildings in the area provide some type of housing. For example, many of the stores provide dwelling units above the storefront. Many of the streets in the area provide single or multi-family dwelling units with no business. There were a total of 1.407 housing units at the time of the 1990 Census. The Beekman Avenue business district is part of this Strategy Area, as many stores have housing on the second and third floors. There is an industrial area in the southwestern end of the Village that again, includes housing units. The Strategy Area also includes 86 units of public housing and numerous multi-family buildings. During the course of the 25-year history of the Westchester Urban County Consortium. Over SI million of CDBG funds has been spent in this area rehabilitating and stabilizing the affordable housing stock for low and moderate income residents. �Westchester Urban County Consortium Neighb* Strategy" Area Sleepy Hollow Neighborhood Strategy Area 420 �430 Consolidated Plan Westchester Urban County Consortium Neighborhood Revitalization Strategy Area Demographics and Social Indicators: Enclosed is a profile of census tracts 116.01, 116.02. and 116.03. These three contiguous tracts comprise the entire Neighborhood Revitalization Strategy Area. According to 1990 Census data, of the total 3,769 residents in the area, 1.976, or 52%, are classified as low to moderate income. The population living in this area is predominantly renters (87.3%) with a family income well below the County median. Approximately 31.2% are non-white and 55.7% are Hispanic, and these percentages are expected to increase dramatically with the 2000 Census as there is much evidence that these populations are continuing to grow. Resources within the Neighborhood revitalization Strategy area are limited. From a housing standpoint, the North Tarrytown Public Housing Authority is the only local non-profit housing agency. They manage 86 units at Margotta Court within the NRSA and are currently pursuing the acquisition and rehab of a seven-unit building across the street from the Housing Authority's campus. The new units would be affordable rental units. The Community Opportunity Center of the Tarrytowns is well established to serve the needs of some of the low- and moderate-income youth in the area, particularly many of the bi-lingual youth. As 19.S% of the area's population is under the age of 15, this is a critical need. With only 6.6% of the Strategy Area's population being over 65, services for seniors are less important, and for years the village has shared services with the neighboring Village of Tarrytown to provide a van service for seniors to doctor's appointments and shopping. But a growing senior population is starting to place more demands on the Village to provide their own services. The Strategy Area has numerous transportation resources available to its residents. Access by rail. car. boat, bus and foot is readily available. The central business district and the waterfront area are clearly accessible to the residents of the area. As Beekman Avenue heads west from Route 9 (Broadway), it provides direct access to the Hudson River and the Hudson Line of Metro North. It is surrounded by the Long Island Sound. Sleepy Hollow is served by several lines of the Westchester County Bee-Line bus service to the downtown area; it is a designated stop on Metro North Railroad for access to and from New York City: is easily accessible from the Cross Westchester Expressway and Route 9; and has several cab companies. Assessing Needs: To complete the Villages FY 2000-2002 CDBG applications, the Village had cause to take a careful look at itself and the needs of its residents. The assessment studied various aspects of the Village needs including: housing, public services, public improvements, and economic development. The Village has a history of maximizing available CDBG funding to rehabilitate its main streets. The Beekman Avenue area of the Strategy Area has seen significant improvements within the last decade through the completion of sidewalk, streetscape and facade improvements. Additionally, the Village has made progress toward advancing the 52 unit goal established under the Housing Allocation Commission to create 5.000 new units of affordable housing by the year 2000. The Village has created at least 25 units of affordable housing since 1990. The Village continues to pursue additional affordable housing creation and rehabilitation projects. The Village does not operate its own local Section 8 Rental Assistance Program. It relies on the County's proszram to serve the 914 households in the Strateev Area. Of these, there are 16-4 households currently in �Consolidated Plan Westchester Urban County Consortium the program in the Village. An additional 62 households from the Village are on the waiting list for assistance. Minimal day care for low- and moderate-income families exists within the target area with most families making their own arrangements or not seeking employment to take care of children. So public services, particularly expanding day care opportunities, is a priority of the Village. I The Village, being located along the Hudson River, suffers from being a very low-lying area. Drainage and other physical improvements have been neglected for a number of years. Deteriorating sidewalks. curbs, and lighting have contributed to the Strategy Area's somewhat poor economic and physical health. In the Industrial Area of the Strategy Area alone, the Village estimates that approximately 25% of all businesses have code violations, while the central business district violations probably hover closer to ten percent of the buildings. Housing units tum over very quickly regardless of their physical condition due to the very limited availability of rental and affordable homeownership opportunities within the County. The economic health of the Strategy Area declined substantially with the closing of the General Motors production Plant in 1996. Not only did this create substantial unemployment for area residents, but also a lost customer-base for area businesses. The area has been fairly stable in the last few years, primarily because of the large contracting firm that was brought in to dismantle the 2 million square foot facility. The Village has stressed the need for physical improvements to the facades of the central business district to encourage better use. Unemployment in the area is pretty low with the current growing economy. A growing labor pool is Hispanic immigrants who make themselves available for jobs on a daily basis. Setting Goals: The Village has identified several goals that it wishes to undertake within this strategy area. The goals relate to improvements the Villages will be undertaking relating to housing, services for seniors and youth, physical improvements, and economic development. I The Village has identified several goals that it wishes to undertake within this strategy area. First, the Village will work toward the stabilization of the existing housing - specifically, the reduction and elimination of housing code violations and the rehabilitation of 15 units within the next five years. The Village, through its Building Department, will seek to increase enforcement and compliance of code violations for Housing Quality Standards - particularly looking to reduce the number of overcrowded units within the Strategy Area. The Village has estimated that approximately one third of the existing rental housing units are presently overcrowded - a condition that has grown to this level within the last ten years. The Village will make referrals to the CDBG Property Improvement Program as necessary to encourage landlords and moderate income homeowners to take advantage of rehabilitation dollars available to them. Second, the Village will work toward the creation of additional affordable housing units, particuhjly in areas where houses are run down and abandoned. The Village will work to create an additional 50-60 units of affordable housing within the next five years to meet the goal established by the Housing Opportunities Commission. In the area of increasing services for seniors, the Village has identified the need to expand its own senior transportation service within the Village in neighboring areas by purchase of a second senior citizen van, and to develop a senior community center to provide concentrated nutrition, exercise, educational and related programs and activities. I �4 <-« /•• In conjunction with code enforcement and other outreach to property owners, the Village will apply for funds in the Fiscal Year 2005-2006 CDBG funding round to undertake the following improvements in priority order: A. Bamhart Avenue/Francis Street/Andrews Lane/Elm Street: would be targeted for street, sidewalk, curb, street tree and lighting improvements (also in support of the Bamhart Park project). B. Clinton Street: would be upgraded with curbs, sidewalk, and street tree improvements pursuant to our prior application. Storm drain improvements as was done on Cedar Street would probably be made as part of this project. C. Valley Street: Sidewalk and storm culvert adjacent to the Margotta Courts in the new proposed senior housing development together with beautification improvements in the area could be undertaken either with CDBG funds or through the County's HIF - Housing Implementation Fund program. D. Continental/Pocantico Streets: Would be improved with banners, street trees and sidewalk curb repairs (as necessary) to enhance the appearance of this important street which connects the downtown business core with the Philipsburg Manor Restoration, and to tie together prior improvements to Route 9 and Beekman Avenue. E. Lower Beekman Avenue: Would receive streetscape improvements consisting of historic lights to replace the current cobra heads and banners, all designed to upgrade this "gateway" to support new development on the waterfront as well as the Beekman Avenue residential/commercial corridor. F. New Senior Center: Funds will be requested for rehabilitation (not purchase) of the former UA W building as a senior center. An income survey would be conducted of the current senior citizen's club to ensure the project was eligible for funding. G. New Senior Van would be purchased. -7." ^.s^~-irs*a-*-sJ.i&*14^5^^-^^dfiK&1i«Jfel^>.£*^%f^ �Meeting Date: Resolutions: 11/23/04 11/200/04 RESOLUTION AUTHORIZING EXECUTION Of FIRST AMENDED AND RESTATED AGREEMENT AND ADDENDUM BETWEEN THE VILLAGES OF BRIARCLIFF MANOR AND SLEEPY HOLLOW CONCERNING WATER WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") has previously entered into an agreement dated December 22,2000 with the Village of Briarcliff Manor ("Briarciiff') to study the feasability of jointly utilizing a water connection to the Catskill Aqueduct and existing water facilities and construction of new water facilities for the purpose of supplying a long term, adequate and potable water supply to Sleepy Hollow, BriarclifFand Tarrytown and portions of the Town of Mount Pleasant within the Briarcliff Manor Water District, and WHEREAS, Sleepy Hollow and Briarcliff believe that the benefits to be conferred by the joint utilization of an existing water connection to the Catskill Aqueduct and related water facilities will permit assurance of long term, adequate and potable water supply for residents of Briarcliff, Sleepy Hollow and Tarrytown and portions of the Town of Mount Pleasant within the Briarcliff Manor Water District, and WHEREAS, as a part of the joint use of the water facilities, construction of additional water facilities may be required, and WHEREAS, as part of this study and transaction, Briarcliff has leased to Sleepy Hollow an existing water main commonly referred to as the IBM Main to ensure that Sleepy Hollow can provide an adequate supply of water for the Regional Phelps Memorial Hospital, and WHEREAS, Sleepy Hollow and Briarcliff desire to provide an emergency supply of water to BriarclifFand Sleepy Hollow, and WHEREAS, Sleepy Hollow has retained its own engineer and water consultant and has received his counsel and advice, and WHEREAS, Sleepy Hollow, having studied this proposal for a considerable time over a number of years and is satisfied that the execution of this Agreement and the completion of the terms therein are in the best interests of Sleepy Hollow, NOW THEREFORE BE IT RESOLVED that the Village of Sleepy Hollow authorizes the Mayor to execute the Amended and Restated Agreement and Addendum between the Village of Sleepy Hollow and the Village of Briarcliff Manor concerning water supply for those Villages. Moved: T r u s t e e Murray Seconded:TrustPP D i y p l i p p Vote: T i n 3 n ^ m o t Mayor Z e g a r e l l i v o t e d YES, T r u s t e e s D i F e l i c e , G r a l a and S p o t a voted YES. Zieja,Capossela, �or 434. I ADDENDUM TO AMENDED AKD RESTATED AGREEMENT BETWEEN THE VILLAGES OF BRLARCLD7F MANOR AND SLEEPY HOLLOW CONCERNING WATER SUPPLY THIS ADDENDUM TO AGREEMENT made this _ _ _ day of , 2004 ("Agreement"), by and between the Village of Briarcliff Manor, a municipal corporation of the State of New York, having its offices at 1111 Pleasantville Road. Briarcliff Manor, New York 10510 ("Briarcliff Manor") and the Village of Sleepy Hollow , a municipal corporation of the State of New York, having its offices at 28 Beekman Avenue, Sleepy Hollow, New York 10591 ("Sleepy Hollow"). WHEREAS, the parties to this Agreement have concurrently entered into an agreement entitled I "Amended and Restated Agreement Between the Villages of Briarcliff Manor and Sleepy Hollow Concerning Water Supply", dated __ , 2004, (the "Amended and Restated Agreement"); and WHEREAS, the parties to this Agreement desire to amend the Amended and Restated Agreement with the contents of this Addendum. NOW. THEREFORE, in consideration of the premises and the provisions hereinafter set forth, the following constimtes a binding agreement between the parries. * 1. Modifying section 3 A. (2) of the Amended and Restated Agreement: Sleepy Hollow shall also use its best efforts and enter into good faith negotiations with the DEP to modify its existing Agreement with the DEP to the extent required by the DEP to conform its provisions to the Amended and Restated Agreement, and will also use such efforts to obtain Tarrvtown's consent thereto. in- i::m: i sis-i cssosszm <m SDIAOV m i w aanjs ssivs-soid n-v. woz-sz-n I �2. Condition Precedent. The obligations of BriarclitX Manor to (i) plan and construct the System Improvement Design, including but not limited to the obligations of Briarcliff Manor as set forth in Sections 3 and 4 of the Amended and Restated Agreement, (ii) provide an emergency supply of water as se: forth in Section 5 of the Amended and Restated Agreement, and (iii) include Sleepy Hollow in any • future applications to the DWSRF and otherwise assist in obtaining funds from DWSRF for Sleepy Hollow, as set forth in Section 18 of the Amended and Restated Agreement, are subject to and conditioned upon the fulfillment of the following condition:? precedent: (a) Briarcliff Manor obtaining the consent of the DEP to the joint use of the Catskill Aqueduct Connection and (b) Sleepy Hollow executing an amended agreement with DEP if required by the DEP in order to obtain DEP'S consent to the joint use of the Catskill Aqueduct Connection (collectively called the "Conditions Precedent7'). If the Conditions Precedent do not occur, the only provisions of the Amended and Restated Agreement that shall remain in full force and effect shall be with regard to (i) the lease of the IBM Main by Briarcliff Manor to Sleepy Hollow, as provided in Section 6 of the Amended and Restated Agreement, (ii) the provision of necessaryeasements to Briarcliff Manor pursuant to Section 4. F. (1) of the Amended and Restated Agreement, (iii) provision of fifty (50) gallons per minute (gpm) by Sleepy Hollow to the Pocantico Residential Customers H as provided in Sections 7 and 8 of the Amended and Restated Agreement and (iv) Sections 2 C(4), 2 C. (5)r 10, 17, 19, 20, 21/22, 23 and 24 of the Amended and Restated Agreement. In addition, if the Conditions Precedent do not occur, Briarcliff Manor shall have no tax liability to Sleepy Hollow as a result of any existing assets or water facilities to be constructed for Briarcliff Manor within Sleepy Hollow, provided that Briarcliff Manor shall restore any disturbed pavement to the standard specifications of Sleepy Hollow. 3. All definitions not defined herein shall have the same meaning as set forth in the Amended and Restated Agreement. I zii-i JOO/SOD d 915-i ossosszm dn XDIAOK iNiz^od H3*inaD S3wiv5-c0ji urn fm-zz-u �0 s. 436 I 4. All other terms and conditions of the Amended and Restated Agreement shall remain in full force arid effect and shall not be altered by this Addendum except as set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. Villase of Briarcliff Manor Bv: Michael Blau. Village Manager Village of Sleepy Hollow I Bv: Philip E. Zegarelh, Mayor STATE OF NEW YORK COUNTY OF WESTCHESTER ) ) ss.: On the day of __J in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL BLAU, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF WESTCHESTER ) ) ss.: On the day of , in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared PHILIP E. ZEGARELLI, personally known to me or proved to ms on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. I Notanr Public r:\9476 00c ADDENDUM TO AMENDED XSV RESTATED AGPxsMEN"T.cec lli-i 200/200 d 215-1 GSSOSSZNS <ffi 9OIA0K IKIZNOd 83NNB S3KIV5-WJJ £2=01 ' WOZ-H-il • n. -~- » . �437 Meeting Date: 11/23/04 Resolution^: 11/ •'704 201 RESOLUTION FOR A PUBLIC HEARING TO ADOPT A PROPOSED LOCAL* LAW ON STORMWATER MANAGEMENT AND EROSION & SEDIMENT CONTROL I WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") is charged with the responsibility and required by law to adopt 'legislation for Stormwater Management and Erosion & Sediment Control, and WHEREAS, Sleepy Hollow has prepared a draft of a local law that is designed to accomplish such a purpose and is in compliance with the NYSDEC Storm water Design Manual and the N.S. Standards and Specifications for Erosion and Sediment Control for use by the Planning Boards in New York State in reviewing subdivisions and site plan approvals, and WHEREAS, said local law will among other provisions, provide for the preparation and submission of Stormwater Pollution Prevention Plans for construction projects over one (1) acre, and, WHEREAS, in addition to its other requirements, it further provides for updating of the Village's zoning, subdivision and site plan requirements in conformance with these objectives, and the imposition of penalties for the violation thereof, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow does hereby schedule a public hearing to consider the adoption of this proposed local law for December 2 1 r 2004 at 8:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. i Moved: IZsH Trustee DiFelice 500 i 916-1 Seconded QS8088ZM6 Trustee s Pota Vote:Unanimous d l l KIAOSI INIZKOd H3H1S9 S3HIW-«»d 12-01 HIOZ-SZ-ll I i. 7.-/-U. i */_*-*.» • s V a a �438 I Date: 11/23/04 Resolution #: 11/202/04 GDC Tree Grant WHEREAS, the Village of Sleepy Hollow has demonstrated its interest in promoting the enhancement and beautification of its communities through tree plantings, among other activities/and WHEREAS, there is an opportunity for grant monies for purchase, installation, and maintenance of street trees, and WHEREAS, this money can be used for the purchase, installation, and maintenance of street trees on North Broadway and Depeyster Street. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees approve submission of an application for funds in an amount not to exceed $12,200, and upon approval of said request to enter into and execute a project agreement with Ginsburg Community Fund for such financial assistance to the Village of Sleepy Hollow for Sleepy Hollow Tree Reinvestment Program. Moved: Trustee Spota Seconded: Trustee Capossela I Vote: Unanimous I �439 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission Grant Application Local Government Records Management Improvement Fund I Whereas, upon review and recommendation of the Village Administrator, the Board of Trustees of the Village of Sleepy Hollow is desirous of submitting an application to the local Government Records Management Improvement Fund for consulting services to development a record management plan to address present and future record retention requirements, Now, Therefore. Be It Resolved that, the Village Board herein authorizes the Mayor to submit said funding application and to take other such steps as are necessary to effectuate the intent of this resolution. Moved by: Trustee Capossela, Seconded by: Trustee Grala. Vote: unanimous Resolution: # 11/203/04. Date: November 23, 2004 I I -v . ^ ^ s ^ V i - j E s ^ - ^ ^ . . ? ^ ^ . ^ -vUs^fe^Ki'.^^ist^is^erfS sKiij �440 I Meeting Date: Resolution =: 11/23/04 1l£0£04 Resolution Adopting a Local Law entitled "Cable Communications" regulating Cable Televsion and Communications systems in the Village of Sleepy Hollow WHEREAS, a public hearing was conducted at the Village of Sleepy Hollow ("Sleepy Hollow") pursuant to the statutory requirements of the laws of the State of New York, and WHEREAS, the meeting was duly noticed and open to the public and all were invited to bs heard and were heard, and WHEREAS., the current cable television provider franchised to operate in Sleepy Hollow was provided direct notice to be heard and did in fact submit comments in writing, and i WHEREAS, after due deliberation the Board of Trustees of the Village of Sleepy Hollow finds ihat the public convenience., safety and general welfare can best be served by establishing regulatory powers which should be vested in the Sleepy Hollow or such persons as the Sleepy Hollow should designate., and WHEREAS, such cable communications systems have the capacity not only to provide entertainment but are a source of information and interactive communication in Sleep}' Hollow, and WHEREAS. Sleepy Hollow finds it can best attain the following goals by enactment of this local law; 1. Communications services to be provided to the maximum number of Village Residents. 2. That the system should be capable of accommodating both present and reasonably foreseeable future communications needs of the Village I 3. Th2t the system should be improved and upgraded during the franchise term so that the new facilities necessary for the operation of this system shall be integrated to the maximum extent possible with the existing facilities in the franchise. 4. That the communications system authorized b y this local law shall b e responsive to the needs and interests of the local community and shall provide the widest possible diversity o f information sources and services to the public. N O W T H E R E F O R E B E IT RESOLVED, that the Board of Trustees o f the Village of Sleepy Hollow enacts this local iaw "Cable Communicarions" for all the reasons s o stated. This local EZr-i :33/SO0 i 215-1 CS8023ZH6 dll »IA0» IHiZKk! efl33 S3HIW-«»i Ml mi-il'll �441 law shall take effect in the time proscribed by law. Moved: T r u s t e e G r a l a Seconded: T r u s t e e Z i e j a Vote; UNanimous I I lll-i £SD/?00 i m-l OSS0332»1S d l l »IAOK INIZSBM a3«iS3 S3»IV3-«"d «:0l WDZ-SM'l I £ i ' J f c i V H s ^ ' t' l A o ^ i Vi k •>«•£-£* JSiJaUSS! �442 Meeting Date: 11/23/04 Resolution #: 11/205/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of a Contract with Leonardo & Sons Contracting, Inc. Rescue Hose Roof Replacement WHEREAS, pursuant to solicitation of proposals from qualified roofing contractors, five proposals were received including a low qualified bid proposal of $15,500 from Leonardo & Sons Contracting, Inc. of Post Office Box 808, Peekskill, New York, 10566, for the replacement of the Rescue Hose Company roof, and WHEREAS, the Village Architect has recommended that said bid be accepted in an amount not to exceed $15,500, and WHEREAS, the Board of Trustees wishes to rescind its prior resolution dealing with the Rescue Hose Company roof replacement to accept the proposal of Leonardo & Sons Contracting, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Village Board herein rescinds Resolution #09/167/04 adopted on September 21, 2004 regarding Rescue Hose Company roof replacement, and BE IT FURTHER RESOLVED, that the Village Board herein accepts the proposal attached hereto of Leonardo & Sons Contracting, Inc. for Rescue Hose Company roof replacement in an amount not to exceed $15,500, and BE I T 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, BE I T FURTHER RESOLVED, that the Village Board herein amends the 2004-2005 capital budget to incorporate the project as described herein and to allocate $15,500 in Village bond funds for its completion. Moved: Trustee Zieja; Seconded: Trustee Murray; Vote: Unanimous �443 Meeting Date: November 23, 2004 Resolution #: 11/206/04 MAYOR AND BOARD OF TRUSTEES RESOLUTION SCHEDULING A PUBLIC HEARING WHEREAS, Lawrence Doyle/the owner of record of a ± 0.46 acre parcel I of land located at 16 New Broadway/referred to as Section 116.12, Block 1, Lot 14 (hereinafter the "Property") in the Village of Sleepy Hollow, and WHEREAS, on or about October 6/ 2004, a petition was submitted to the Mayor and Board of Trustees of the Village of Sleepy Hollow (Village Board) in which said petition seeks to rezone the Property from R-4, One and Two Family Residence to C-l, Highway Commercial for the purposes of reusing the property for professional office; and WHEREAS, the Village's Waterfront Advisory Committee has reviewed the proposed rezoning and have found it to be consistent with the goals and policies outlined in the Village's Local Waterfront Advisory Program; and i WHEREAS, the Village Planning Board has reviewed the proposed rezoning as required under Chapter 62-53.B of the Zoning Code and have provided the Village Board with their recommendation in favor of the proposed rezoning; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board, based on the recommendations from the other various Boards and Committee serving the Village, does hereby schedule a public hearing on the proposed rezoning of approximately 0.46 acres of land, lying between Bedford Road and New 76S635.1 I i ^k^-f*-^-?*^^ -^^*&*$*S~^'^*b*^^-i^^^^"'s"'t^^**^ �444 I Broadway in the Village of Sleepy Hollow for December 7, 2004 at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Moved by: Trustee Murray; Seconded by: Trustee Zieja Vote: 6-1 By Roll Call: Mayor Zegarelli, Trustee Capossela, Trustee Grala, Trustee Murray, Trustee Spota and Trustee Zieja voted: Yes Trustee DiFelice voted: No I I �Us Meeting Date: November 23, 2004 Resolution 11/207/04 Resolution Scheduling a Public Hearing WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has recently concluded a Generic Environmental Impact Statement (GEIS) process for a wireless communication facility location plan; and WHEREAS, as a result of the GEIS process, the Planning Board has prepared a series of recommendations to Chapter 62-22.2 of the Village Zoning Code regulating wireless communication facilities; and WHREAS, the Planning Board has forwarded those comments to the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) for their review and consideration; and WHEREAS, on November 16, 2004, at a duly noticed meeting of the Village Board, said Board did review and discuss the proposed revisions to Chapter 62-22.2; and NOW, THEREFORE/BE IT RESOLVED, that the Village Board does hereby schedule a public hearing on the proposed zoning code amendments referenced above for December 21, 2004 at 8:00 PM at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, 10591 so as to provide an opportunity for the public to be heard on this matter. Moved: Trustee DiFelice; Seconded: Trustee Spota; F:\M\M-720 Sleepy Hollow\Resolutions\\vireless amendmcnts.doc Vote: Unanimous �'i 446 I Meeting Date: 11/23/04 Resolution*: 11/208/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Covering of Parking Meters Be It Resolved that the Board of Trustees does hereby approve the covering of parking meters for the period of December 20, 2004 through January 4, 2005 to provide for free parking during the holiday season; and Be It Further Resolved that the covered parking meters on Valley Street will continue through the month of December 2004. Moved: Trustee Spota; Seconded: Trustee Capossela; Vote: Unanimous I I �447 Meeting Date: November 23, 2004 Resolution 11/209/04 Resolution Referring Proposed Zoning Map Amendments and Scheduling a Public Hearing I WHEREAS, over the course of time the Village of Sleepy Hollow has adopted amendments to the zoning designations of selected portions of the Village, including the recent annexation and zoning of certain lands from the Town of Mt. Pleasant; and WHEREAS, Village is desirous of updating the official zoning map of the Village of Sleepy Hollow to accurately reflect the zoning district designations; and WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) have directed the Village Architect to prepare an updated draft zoning map that reflects all of the various revisions that have occurred since the official zoning map was last updated; and NOW, THEREFORE, BE i t RESOLVED, that the Village Board does hereby refer the aforementioned updated draft zoning map to the Village of Sleepy Hollow Planning Board for their review and recommendation consistent with Chapter 62-53.B. of the Village Zoning Code; and, be it further RESOLVED, that the Village Board does hereby schedule a public hearing on the proposed updated draft zoning map for December 21, 2004 at 8:00 PM at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, 10591 so as to provide an opportunity for the public to be heard on this matter. i Moved: Trustee Capossela; Seconded: Trustee Grala Vote: Unanimous I 8-fc-t -^-V- d. *• rt • * , * ^^^m^j^^^^^^^^^s^^^S^^^-^ *•<* ^-^^^^A^as»*^^^£^i �448 Meeting Date: Resolution #: 11/23/04 11/210/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Relating to Webber Avenue WHEREAS, the County of Westchester has expressed an interest in conveying County-owned Webber Avenue to the Village of Sleepy Hollow, and WHEREAS, the Village and County have worked collaboratively on a number of important initiatives to create expanded park facilities and beautifying streetscapes within the Village over the past several years, said initiatives involving commitment of substantial funding resources from the County, and WHEREAS, the Village wishes to indicate its desire to facilitate said transfer in order to undertake important safety improvements to Webber Avenue, and WHEREAS, the County has offered to provide $250,000 in County funds to the Village for said upgrade as part of the transfer of the roadway to the Village, and WHEREAS, a budget prepared by the special Village Engineer, Jim Hahn, indicated a cost of $250,000 to $300,000 to make improvements to Webber Avenue to for pedestrian safety and to upgrade drainage and lighting along its way, and WHEREAS, most if not all of this work can be undertaken at a savings to the Village by the Highway Department under the leadership of Superintendent Joseph DeFeo, and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees herein authorizes the Mayor, subject to Village Counsel review, to undertake and complete negotiations for the acquisition of Webber Avenue and the provision of $250,000 in County funds toward its improvement; and BE IT FURTHER RESOLVED, that the Board of Trustees herein authorizes the Mayor to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee Grala; Seconded: Trustee Zieia; Vote: Unanimous �Meeting Date: 11/23/04 Resolution #: 11/211/04 Be it resolved that the Board of Trustees does hereby confirm the appointment of Tatiana Godinho on a temporary basis for the following days to help in the After School Program since Mrs. Caccamise will be on vacation; November 29, 30, December 1, 2, 3 arid 6,2004. Hourly salary is S10.00 per hour. Moved: Trustee Grala Seconded: Trustee Zieja Vote: Unanimous � 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-2004 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_2004-11-23 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/12493abfbdd59ece48ba05344cc92894.pdf ade94ef8bbe43dff565c6fe7f4860e2f PDF Text Text VILLAGE OF SLEEPY HOLLOW BOARD OF TRUSTEES MEETING - SPECIAL SESSION December 7,2004 Mayor Zegarelli called the meeting to order at 8:00 p.m. Prior to the meeting, the Board held a regularly scheduled work session. Present: Mayor Philip Zegarelli Trustee DiFelice Trustee Capossela Trustee Murray Trustee Zieja Trustee Grala Trustee Spota I Absent: None. Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Agenda: a) PH-1: Continuation of Public Hearing: Tree Conservation Ordinance b) PH-2: Public Hearing: Re-zoning 16 New Broadway c) Approval of Warrants: November 3,2004 d) Resolutions a) PH-1 Continuation of Public Hearing: Tree Conservation Ordinance Mayor Zegarelli stated that this is a continuation of the public hearing. I The Mayor re-opened the public hearing. Robert Ponzini reviewed the changes to the Ordinance. He stated that simplified procedures were put in place for homeowners with 1-2 trees on their property. He stated that fines have been increased for violations of the Ordinance. Trustee Capossela asked if the Ordinance discussed the minimum tree caliber size. Robert Ponzini responded that references to the tree caliber sizes were included in the Resolution. Since there were no public comments, Trustee DiFelice made a motion to close the public hearing. Trustee Spota seconded. It was unanimous (7-0). This item was moved to the December 21,2004 meeting for decision by the Board. I u us. —. . r- r !*..-»«:• A. -rft-cs.fist*il-.,<» «.a^««j»iA%^«.^V^>^.<^slsAs»fej^ 43 0 �451 b) Public Hearing: Re-zoning of 16 New Broadway Trustee Murray read the public hearing aloud. Mayor Zegarelli noted the affidavit of publication. Sean McCarthy spoke about the property. He stated that since the proposed use of the property will be changed from residential to office space, it requires a change in zoning. Mayor Zegarelli asked if the property owner wanted to address the Board. Larry Doyle stated that the property was purchased in order to relocate his business from Mamaroneck to Sleepy Hollow. He stated that a local law firm would occupy the first floor of the property and the remaining floors would be used to operate his financial investment business. He stated that eight employees would be employed at the property and that additional parking would be created on-site to accommodate all employees. Jerry O'Reilly of 25 Bedford Road stated that he approves of the re-zoning of the property and of the proposed on-site parking expansion. Since there were no further public comments, Trustee Spota made a motion to close the public hearing. Trustee Capossela seconded. It was unanimous (7-0). This item was moved to the December 21, 2004 meeting for decision by the Board. c) Approval of Warrants: November 3.2004Trustee Capossela made a motion to approve the warrants of November 3,2004 subject to the review, approval, and signatures of the department heads, Mayor and Village Treasurer. Trustee Grala seconded. It was unanimous (7-0). d) Resolutions See attached. Since there was no further business, the meeting was adjourned at 8:13pm. Respectfully Submitted, i4 A/lki: Anthony DeiVecchio Village Board of Trustees Special Session, December 7,2004 2 �Village of Sleepy Hollow Notice of Public Hearing Please take notice, that the Joard of Trustees of the Village of Sleepy Hollow will hold a Public Hearing on Tuesday, December 7, 2004, at 8:00P.M. in Village Hall/28 Beekman Avenue, Sleepy Hollow, New York to consider a proposed zoning ; map amendment for an approximately 0.46 acre parcel of land designated as Section 116.12, Block 1, Lot 14 from R-4, One and Two Family Residence to C-1 Highway Commercial located at 16 New Broadway, Sleepy Hollow, New York. A copy of the proposed map amendment is available upon request at the Office of the Village Clerk. All people are entitled to attend and be heard at this Public Hearing. By Order of the Board of Trustees of the Village of Sleepy Hollow Angela Everett, Village Clerk Dated: November 26,2004 �453 I Meeting Date: 12/07/04 Resolution #: 12/212/04 Be it resolved that the Board of Trustees does hereby appoint that Craig Laub serve out the unexpired term of Jack A*rcate of the Tree Commission. Moved: Grala ._ Seconded: Zieja , Vote. 7-0 I I .-* ^--£7* •„<.=. i-*.*:* ^x..--:>;i..^,wX;^-ir^i,^^wd5l � 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-2004 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_2004-12-07 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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 https://sleepyhollow.localarchives.org/files/original/6ad434d555c6b5bc84ff833df89e2df5.pdf ccf87b69f0af9f9dcd8a09e5b6d13ca6 PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, December 21,2004 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Richard Spota Thomas Capossela Kay Brown Grala Andrew Murray Trustees i Also Present: Robert Ponzini, Village Attorney Dwight Douglas, Village Administrator Absent: ! Trustee Mario DiFelice * i Trustee Richard Zieja Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. He asked that everyone remain standing for a moment of silence for Frank Camillieri, a long time resident who passed away recently. Approval of Minutes Trustee Murray moved, seconded by Trustee Grala to approve the minutes of November 9, 2004, motion carried unanimously. Trustee Grala moved, seconded by Trustee Capossela to approve the minutes of November 23, 2004, motion carried unanimously. Trustee Capossela moved, seconded by Trustee Spota to approve the minutes of December 7, 2004, motion carried unanimously. Public Hearings Trustee Spota read the attached public hearing notice regarding the cell tower ordinance. Dave Smith, Village Consultant gave a brief explanation. There were no comments from the public. Trustee Spota moved, seconded by Trustee Murray to close the hearing, motion carried. Trustee Murray read the attached public hearing notice regarding the official zone map and Saen McCarthy, Village Architect gave a brief explanation. There were no comments from the public. Trustee Murray moved, seconded by Trustee Grata to keep the public hearing open until the next meeting, motion carried Trustee Grala read the attached public hearing notice regarding the storm water local law and Robert Ponzini, Village Attorney gave a brief explanation. There were no comments from the public Trustee Grala moved, seconded by Trustee Capossela to close the hearing, motion carried. �455 Approval of Warrant Trustee Capossela moved, seconded by Trustee Spota to approve the warrant of December 21, 2004 subject to the review, approval and signatures of the Mayor and Deputy Treasurer, motion carried unanimously. Total of the General fund is $142,508.31, Water & Sewer fund total is 528,761.25 and the Capital fund total is $67,540.26and the total of the Parking Authority is S1456.50. Mayor's Announcements Mayor Zegarelli reported that we received word today that the Ferry Landing extension of stipulation will be reviewed by the Judge and rule on the merits of the stipulation. He commented that the police contract has been settled through arbitration. The contract goes through May 31, 2004. Mayor Zegarelli commented on the garbage fee assessment on the village tax bills and commented that we are reviewing it for next years taxes and it may eliminated next year. Public Comments Don Caetano and Armando Galella commented on the proposed re-establishment of the Police K-9 unit which they were against. Mayor Zegarelli commented that the resolution on the agenda tonight is only to establish a checking account for this purpose where we can deposit money which residents want to donate for a K-9 unit. We are not making any decision on the re-establishment tonight. Mario Belanich spoke in favor of having the K-9 unit again. Several business owners, Antonio Rodriguez, Peter Castro, Jamie Correira addressed the Mayor and the Board stating that they were against the garbage tax and that every property owner should be assessed with this tax, not just them. The Mayor again commented that we will be looking into eliminating this garbage assessment in the next budget Trustee Reports Trustee Spota reported that the parking meters will be bagged through January 4,2005. The Public Safety Committee will meet on Monday, January 24,2005 at 7:30 p.m. Trustee Spota reported that we have received notice from Jeanine Pirro that a Certificate of Commendation was given to Officer Benetiz for the dismantling of the Charles Gant drug operation. Trustee Spota commented that we received a thank you letter from a visitor from Vermont commending Sgt Eaton and Officer Pellegrino for their wonderful kindness in showing their very young children the police vehicles, etc. 2 �456 I Trustee Capossela read the attached Public Works Report in the absence of Trustee DiFelice. He commended Joe DeFeo and crew for their great work during the recent snow. Trustee Capossela read the attached Administrative Report. Trustee Grala reported that the new steps in front of the Warner Library are complete. She thanked Joe DeFeo and Sean McCarthy for their constant monitoring of the ongoing job. Trustee Murray commented that he recently toured the General Motors sight with the Mayor and Administrator and other groups. Administrator's Report Dwight Douglas commented that we have received a grant for a new senior bus from the Count)' for a lease of SI. per year. Kendal on Hudson project will be ready for its first occupants in early April 2005. The Briarcliff Water Agreement has been finalized and is ready for the Mayor's signature. i We have received a grant to replace trees that have died along route 9. We are working on a lease agreement for the Valley Street parking lot. Resolutions-Attached The Mayor commented that we have a last minute resolution which Ms. Pell had asked us to do tonight regarding the hiring of Ted Dimmie to fill in for the After School Program. Trustee Grala moved, seconded by Trustee Capossela to approve the Mayor's appointment of Ted Dimmie to the After School Program for a short interim at $11.50 per hour, motion carried. Old Business-None New Business-None Communications,Petitions & Requests Village Clerk read the correspondence from Pedro Rodriguez informing the village that they are applying to renew their liquor license at the Embassy Bar at 134-135 Cortlandt Street. (Copy to Police Chief) I There being no further comments, Trustee Spota moved, seconded by Trustee Capossela to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett Village Clerk �45? Village of Sleepy Hollow Notice of Public Hearing Please take notice, that the Board of Trustees of the Village of Sleepy Hollow will hold a Public Hearing on Tuesday, December 21,2004, at 8:00 P.M. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New Yo'rk to consider proposed amendments to the Official Zone Map of the Village of Sleepy Hollow. A copy of the proposed map revisions is available upon request at the Office of the Village Clerk. All people are entitled to attend and be heard at this Public Hearing. By Order of the Board of Trustees of the Village of Sleepy Hollow Angela Everett, Village Clerk Dated: December 8, 2004 �45g* I AFFIDAVIT OF PUBLICATION from Wht Dtournal News TOcCFIByYOrgC JUNTYOr¥«SSTC*eSI3S £l £* Jbeing fc*ry.' gPfCJtC S3 on fte V) left and on fi>e ^ M * * * * * " Bovd Signed. l?»»*!?,.!L,ai*. ••^.•ffiSSrH*- 8.200* Swam to before me 4WcW*\ - \ day« g" U ?. 2JDL2L \ W >^/ i LOLA« - ^ c NEW YORK R GOU!<rf O U A U ^ ^ ^ ^ 6 , 2 0 0 3 NOTARY P ^ & 3 ^ | ,:,;;^U: ii.^.-rt^^.C^^riii^ ibcu^idito^uj% �459 Village of Sleepy Hollow Notice of Public Hearing Please take notice/that the Board of Trustees of the Village of Sleepy Hollow wHI hold a Public Hearing on Tuesday/December 21,2004, at 8:00 P.NU in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to consider proposed amendments to Chapter 62-22.2 of the Village of Sleepy Hollow Zoning Code Wireless Communications Facilities. A copy of the proposed zoning text amendments is available upon request at the Office of the Village Clerk. All people are entitled to attend and be heard at this Public Hearing. By Order of the Board of Trustees of the Village of Sleepy Hollow Angela Everett, Village Clerk Dated: December 8, 2004 I I v-t i i . ' - i «•.) ^,-a%.•- - <• •- <**; • , ^ . v i > - i - j j ; - -i^^-4^i^--a*-ix.sA*+M&i3rzsc**e&! *j3rfAjmflaig<JjS*taet*litfa^fe>iSeMa^bltitt �460 I AFFIDAVIT OF PUBLICATION from (SB Or t&f YOfHC KJWTYOrWfeKlCHaSifcH NBfcSdfcSU Ossnog p4JUi£> (The Journal Ncuis cl GPpCAfA- fca-c:<va^\ city sworn, saysfeatne&te is the prnapai desk ofTte Journal Hews, a newspaper pttiisfaedm t i e Oaoriy of' ! of New Yccfc, and the notice of whichtoeannexed is a as pufefched 11toenewspaper nocated on toe left and ontoei MMUAUl 1 2 ' *arff^ 3 4 5 6 D— 7 8 9 10 1 Ss=> « n 12 13 14 15 16 17 i a . 2D 23 22 23 24 25 25 27 * 29 30 3 t • Fair %e SToSb of «» V*«Jl SJ«pr Koto- ZD""9 fr? tat**OBoof*« iwsr *OntooC«* BanlrfTnMWOl** ONCXIJ to beibfe me figs K«* CCI*JEB res* • - . davrf 'Bmm.vmfa* (Vo^fatr-/ J^ ... - LOLA M. HALL NOTARY PUBLIC. STATE OF NEW YORK . NO.01HA5112693 QUAUHED IN WESTCHESTER COUNTY TERM EXPiRhS JULY 6,20CS J2Dj2L �AFFIDAVIT OF PUBLICATION from She Journal News teased TOTE OF l e w YORK OUMTY OFWfcSliaeSTEB IZ£?i.? promwm ncorao-l ^tx«r>_ ri n t i e Counfr of 'TO'80»'"--o«.i„£^gH ,*"***« mua be iiv S» of Iteir YWt andte i ^ ^ ^ ^ i ^ protect copy, «as P""™" ^ ^ left and on tie J SS. ^ I i It attbUrn I «» ebeve r e , * * mpam&Sty fcr • cxunptancft. . I A l radar* and Unpeieii are nwftrf to aond and be toerA Vaeaa Hal ejfianfeappedacI By order oftteBo*4 of Tnakw of ew vaaoe of Saamr Hotour, Date*December&MM . I Sworntobefore me Sis l ^ \ - c^ofSW^c*^ _20/fl rJhP&s NotejyP«<fc LOLA M.HALL NOTARY PUBLIC, STATE OF NEW YORK NO.01HA6112693 QUALIRED IN WESTCHESTER COUNT/ TERM EXPIRES JULY 6,2008 I �Meeting Dale: December 21,2004 Resolution M: 12/213/04 MAYOR AND BOARD OF TRUSTEES RESOLUTION NOTICE OF INTENT TO ACT AS LEAD AGENCY WHEREAS, on December 17,2004 the Village of Sleepy Hollow Board of Trustees ("the Village Board") received a special permit and conceptual site plan application for the development of a 65-unit affordable senior housing building on the parking lot at 126 Valley Street ("the Proposed Action"); and WHEREAS, the Proposed Action also involves the conveyance of Village-owned land; and WHEREAS, the Proposed Action is an Unlisted Action under SEQRA; and WHEREAS, since the Proposed Action would have more than one Involved Agency, a coordinated review under the State Environmental Quality Review Act (SEQRA) shall occur; and WHEREAS, pursuant to the requirements of SEQRA; a Lead Agency determination must be established prior to a determination of significance for the Proposed Action; and WHEREAS, the Village Board is interested in becoming Lead Agency in this matter; NOW THEREFORE BE IT RESOLVED, that the Village Board declares its intent to act as Lead Agency in this matter; and be it further RESOLVED, that the Village Board will distribute this resolution and the Full Environmental Assessment Form (EAF) completed by the Applicant to all potential Involved and/or Interested Agencies and afford them 30 days to comment on the Village Board's intention to act as Lead Agency for the Proposed Action. Moved by: Trustee Murray Seconded bv: Trustee Grala Vote: Unanimous �483 Distribution List Donald Stever, Chairman, Architectural Review Board Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Nicholas Robinson, Chairman, Planning Board Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Erin Crotty, Commissioner NYS Department of Environmental Conservation 625 Broadway, 14th Floor Albany, NY 12233 Village Clerk, Village of Tarrytown 21 Wildey Street Tarrytown, NY 10591 Richard Weiss, Chairman, Waterfront Advisory Committee Village Hall',,,-.. ._.„,. 28 Beekman Avenue Sleepy Hollow, NY 10591 Westchester County Planning Board County Office Building 148 Martine Avenue, Room 432 White Plains, NY 10601 Marc Moran, Director, Region 3 NYS Department of Environmental Conservation 21 South Putt Comers Road New Paltz, NY 12561-1696 I I I r-S < t r « . ^^tjz ^sS#*Ji, aft£PSJ«^s * - ^ | T : « ^ ^ ^ S 3 ^ d ^ 3 ^ 4 i b f u h s ^ ! ^ s SsMSsSC! j f e ^ ^ S J t e « ^ ^ | t f | �Meeting Date: Resolution #: 12/21/04 12]u/04 RESOLUTION FOR A PUBLIC HEARING TO ENACT A LOCAL LAW REGULATING ILLICIT DISCHARGE IN THE VILLAGE OF SLEEPY HOLLOW WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") is required to enact legislation to regulate the flow of stormwater within its geographical boundaries, and WHEREAS, Sleepy Hollow also desires to provide for the health, safety and general welfare of its citizens through the regulation of non-stormwater discharges to its storm drainage system to the maximum extent practicable as required by state and federal law, and WHEREAS, Sleepy Hollow intends to establish methods for controlling the introduction of pollutants into the municipal storm sewer system (MS4) in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process, and WHEREAS, Sleepy Hollow, through the adoption of this local law entitled "Illicit Discharge" intends to: 1) Regulate the contribution of pollutants to the municipal separate storm system (MS4) by stormwater discharges by any user; 2) Prohibit illicit connections and discharges to the municipal storm sewer system, and 3) Establish legal authority to carry out all inspection surveillance and monitoring procedures necessary to ensure compliance with this ordinance, NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow calls for a public hearing to be held on January 25, 2005 at 8:00 p.m. at Village Hall, 28 Beekman Avenue, to consider the adoption of a local law entitled "Illicit Discharge". Moved: Trustee Grala SeCOnded'Trustee Caposseld/nte' Unanimous �•46;V Meeting Date: Resolution #: 12/21/04 12/ 21 ^04 Resolution adopting a local law amending Chapter 52A of the General Code of the Village of Sleepy Hollow entitled "Tree Conservation" WHEREAS , a public hearing was held on August 17, 2004 to consider the adoption of a local law to amend Chapter 52A of the General Code of the Village of Sleepy Hollow entitled T r e e Conservation", and WHEREAS, the purpose of this local law was to simplify the removal of trees on private property for local residents, and WHEREAS, a public hearing was commenced on August 17, 2004 and the public was provided the opportunity to be heard, and WHEREAS, as a result of that public hearing this proposed local law was renoticed and re-heard at a second public hearing on November 16, 2004, and WHEREAS, the Village believes that this local law will best serve the interests of it residents and is consistent with the intent of local law on Tree Conservation, NOW THEREFORE BE IT RESOLVED, that this local law amending Chapter 52A of the General Code entitled "Tree Conservation is hereby adopted. This local law shall become effective upon filing with the Secretary of State. Moved: T r u s t e e Capossela S e C O n d e d . " T r u s t e e Spota V o t e : Unanimous �466 I TREE CONSERVATION Chapter 52A TREE CONSERVATION Items underlined represent new language i I §52A-1 Declaration of Policy. §52A-2 Definitions. §52A-3 Village Tree Commission and Tree Foreman. §52A-4 Annual report of Tree Commission. §52A-4.1 Village Tree Fund. §52A-5 Tree Commission approval; trees on public. §52A-6 Trees on private property; public nuisance. §52A-6.1 Prohibitions. §52A-6.2 Affirmative obligations of private property. §52A-6.3 Remediation for landowners' neglect. §52A-7 Permit requirements for trees Gn private property. §52A-7.1 Applications for permits. §52A-7.2 Tree Commission meeting. §52A-7.3 Permit decision. §52A-7.4 Notification. §52A-7.5 Permit restrictions. §52A-7.6 Parking lots. §52A-7.7 Inspector. §52A-7.8 Permit holder, restrictions and obligations. §52A-7.9 Large Scale obligations and restrictions. �407 §52A-7.10 §52 A-7.11 §52A-7.12 Refusal and revocation of permit. Certificate of occupancy and seasonal restrictions Obligations for screening in areas exceeding 5 acres. §52A-7.13 Emergency actions. §52A-8 Appeals §52A-9 Penalties for offenses. §52 A-10 Repealer. §52 A-11 Severability. §52A-12 When effective. ^ �§52 A-1 Declaration of Policy. The planting and maintenance of trees have a direct relationship to the health, safety beauty and welfare of the community, in-as-much as trees provide shade, reduce the need for air conditioning, absorb air pollution and provide oxygen to the air, stabilize soil and reduce erosion and flooding, offer a natural barrier to noise and enhance the beauty and appearance of the Village of Sleepy Hollow. Conversely, indiscriminate and excessive cutting of trees and damage to trees in order for the creation of subdivisions and on private property cause barren and unsightly conditions, increase surface drainage problems thereby increasing municipal expense to control drainage, impair the stability and value of improved and unimproved real property and cause deterioration of the community, all of which adversely affect the health, safety and general welfare of the inhabitants of the Village of Sleepy Hollow. Such being the case, it is the intent of this amended and restated chapter that all the trees, as hereinafter defined, on private as well as public property within the Village of Sleepy Hollow, shall come under the jurisdiction of this chapter. §52A-2 Definitions. As used in this chapter, the following words shall have the meanings indicated. References herein to "village officials" shall mean the person from time holding the title indicated or such other title as may hereafter be designated by the village to have equivalent responsibilities: CROWN- The "crown" of a tree shall include its upper trunk stem, leaders and branches. In general, the leaf or foliage extent (drip line) shall define the size and dimensions of the root system of the tree. DEAD TREE- Any deciduous tree which fails to leaf out during the growing and flowering season or any coniferous tree which sheds all its needles and fails to green in the growing season may be considered as "dead". Such "dead trees" may constitute a hazard to people and property if allowed to decay and fall. DESTROY- With respect to any tree, any action that either immediately or within the course of a relatively short time [within five (5) years of the initiation of such action], will cause the death of the tree. Such action shall include but not be limited to causing or permitting oil, gasoline, herbicide, paint, brine, hot water, steam or other gaseous or liquid or solid substances which are deleterious to trees to contact any tree or to enter the soil about the base or root system of, or altering the grade around, any tree in any manner that may injure or kill the tree. PERSON- Any individual, firm, partnership, association, corporation, public agency, public utility organization of any kind or any agent of any thereof, excluding the General Foreman and crew of the North Tanytown Pubic Works Department or Department of �469 Architecture, Land Use Development. Buildings and Building Compliance and the Village Architect. PUBLIC PROPERTY- Every street, highway, public right-of-way to the full width thereof, between property lines of property owned by persons other than the village, every public park owned by persons other than the village, every pubic park owned by the village and all other property owned by the village. This shall include underdeveloped streets and public areas from which no tax revenue is derived by the village. SPECIMEN AND/OR HISTORIC TREES- Any tree which by virtue of its legend, history or municipal importance has been recognized, designated and named a tree of significant village importance by resolution of the Village Board. Without limiting the generality hereof, the World War I memorial oaks in front of Morse School along Beekman Avenue are typical of such a designation. §52A-3 A. Village Tree Commission and Tree Foreman The Board of Trustees shall establish a Village Tree Commission consisting of five (5) members, namely one (1) member of the Planning Board, two (2) members of the Conservation Advisory Council, General Foreman and a member selected from among the residents of the village. In addition, the Board of Trustees shall also appoint a Tree Officer, who may or may not be a member of the Tree Commission. The members of the Tree Commission and the Tree Foreman shall serve for such terms as may be fixed y the Board of Trustees. The Tree Foreman shall be under the supervision of the General Foreman. All members of the Commission including the General Foreman and the Tree Foreman shall coordinate all activities through the Department of Architecture. Land Use Development. Buildings and Building Compliance. The General Foreman and the Tree Foreman, for the purposes of this local law shall report to the Village Architect. B. The General Foreman shall have the right to prune, spray, preserve and feed trees as necessary to preserve their health or symmetry, to remove any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is damaging to sewers or other village improvements and infrastructures and to plans such trees as may be appropriate under this chapter. C. All Determinations made by the Tree Commission shall be by a majority vote of the members present at a meeting. Three (3) members shall constitute a quorum. D. The Tree Commission or its designee and the Tree Officer shall oversee all tree work on public property, including the work approved by the Board of Trustees under §52A-4 hereof. §52A-4 Annual report of Tree Commission. �Annually, on or before March 1, the Tree Commission shall submit to the Board of trustees a report making its recommendations as to planting, pruning, spraying fertilizing and removal of trees on public property. §52A-1 Village Tree Fund. There is hereby established a Village Tree Fund. The Tree Commission may request appropriations for the Village Tree Fund by application to the Village Budget Officer for inclusion in the village's proposed budget. Upon a finding by the Tree Commission that compliance, by a person seeking a tree permit, with the requirements of this chapter as to planting of trees in replacement for those destroyed or for the purposes of screening is not feasible, in whole or in part on the property which is the subject of permit application, the Tree Commission may approve the payment by such person or a sum or sums equivalent to the value of the trees destroyed or the value of the trees required for such screening, as applicable, according to generally accepted standards in landscaping/landscape architecture profession (i.e. International Society of Arboculture Guidelines), to be paid to the Village Tree Fund. The Village Tree Fund shall be held for the sole purpose of planting and maintaining of trees on public land in the village in accordance with this chapter. Disbursements of moneys in the Village Tree Fund shall be as recommended by the Tree Commission and approved by the Board of Trustees. §52A-5 Tree Commission approval; trees on public property No person shall destroy of injure any tree on public property or perform any digging operation (by machine or otherwise) within the root system of any such tree without the prior written approval of the Tree Commission, which written approval may be made subject to such conditions as the Tree Commission may deem appropriate to preserve the health of any such tree or of any other trees standing in close proximity thereto. Any tree which is growing, in whole or in part, within the village street right-of-way or in the village property shall be under the care and supervision of the village. Such trees shall be cares for, pruned, fed and maintained by the village. For the purpose of this section, the street rights-of-way shall be determined by reference to Table 1. §52A-6 Trees on private property; public nuisance Whenever the Tree Commission or the Tree Officer shall find that any tree on private property, by reason of its condition or of its intrusion (including intrusion of roots) into public property, constitutes a hazard to vehicular or pedestrian traffic or to the use of fire apparatus or an interference with street lighting or with the maintenance of public property, including the village's sanitation and sewer systems, the Tree Commission or the General Foreman, with the advice and consent of the Village Architect, may issue an order to the owner or owners of said property to prune or remove said tree or its roots, at his or their own expense, so that it will no longer constitute such hazard or interference. If such order is not complied with within seven (7) days, such tree may be pruned or removed by the village, to the extent specified in such order, and the expense of such pruning or removal shall be assessed on the tax rolls against the owner �4 (J »*J A or owners of said private property unless such expense is promptly reimbursed by said owner or owners. Such order may be appealed to the board of Trustees as provided in §52A-8 hereof. §52A-6.1 Prohibitions. No person shall: A. Without first securing a written permit from the Tree Commission, cause any wire, insulator or any device for the holding of any wire or cable to be attached to any tree in any street, park or public place or to cause any wire or other conductor charged with electricity to come in contact with any such tree, or place or maintain any pole or post in such manner as to interfere with any tree or shrub in any area of public property; B. Fasten or tie any animal to or attach any sign, bill, card, poster, notice, advertisement or other attachment to any tree or shrub in any area or public property or allow any animal under such person's control to injure such tree or shrub; C. Place or maintain on the ground in any public property any stone, soil or other substance in such manner as to obstruct the free access of air/or water and nutrients to the root system of any tree, unless such person first obtains a permit to do so from the Tree Commission ;or B. Cause oil, gasoline, herbicide, paint, brine, hot water, steam or any other substance deleterious to the tree's life to pass onto or into the soil about the roots of any tree in any area of public property. §52A-6.2 Affirmative obligations of private property A. Trees standing on any private property adjacent to any public street or other public property an having branches projecting into the pubic street over a public sidewalk shall be kept pruned by the owner or owners or occupants of the private property of which such trees are growing so that its branches shall not be less than fifteen (15) vertical feet above the sidewalk level. Newly planted trees may remain unpruned for two (2) years following planting, provided that they do not interfere with persons using the sidewalk or obstruct the light of any street light or traffic signal. B. Hedges, bushes, shrubs, flowers or other growing-plants shall be kept pruned so as not to obscure traffic signs or vision of motorists approaching a road intersection. The owner or owner of property shall keep all hedges, bushes, shrubs, flowers or other growing plans trimmed so as not to impede pedestrian traffic on village sidewalks. �472 I C. Any tree or shrub which is growing on private property which is impairing or in any way may impair the security or use of a public sewer or other pubic place shall be considered a pubic nuisance and shall be removed or otherwise dealt with by the owners or occupants of the private property to eliminate the impairment to public safety use. §52A-6.2 I Affirmative obligations of private property If any owner shall neglect or refuse to prune or remove any trees, hedges, bushed, shrubs, flowers, or other growing plans after being notified, in writing, by the village that such pruning or removal is required under §52A-6.2 A hereof, the village shall have the right, after thirty (30) day notice, to cause the pruning or removal to be done and to assess the expense thereof against the land on which said trees, hedges, bushes, flowers or other growing plants are located. This section shall not preclude the imposition of a penalty as provided in 52A-6.2 hereof, the village shall have the right, after thirty (30) from the date of such written notice, to cause the pruning or removal to be done and to assess the expense thereof against the land on which said trees, hedges, bushes, shrubs, flowers or other growing plants are located. This section shall not preclude the imposition of a penalty as provided for in § 52A-7.13. No permit shall be necessary for actions taken pursuant to an order issued § 52 A-6 of this chapter. The owner of the land shall have the responsibility for obtaining a permit under this section. §52 A-7.1 Applications for Permits I A. Content of application. 1. Applications for permits shall be writing on a form prescribed by the Tree Commission, available fro Village Clerk, and shall be accompanied by plans showing: existing and proposed building, if any; trees to be destroyed, by type, sizes and locations; and in the case where more than ten (10) trees are to be destroyed, existing and proposed contours at two-foot intervals on maps or plans at a scale no smaller than one (1) inch equals fifty (50) feet. The application shall set forth the reasons for the destruction of the trees to be destroyed. The Tree Commission may require additional information, such as the design of walls, disposition and storm drainage and any other information pertinent to the individual circumstances. In cases where no construction is involved, the Tree Commission may, its discretion, waive any of the requirements of this section relating to the content of applications. 2. The Planning Board must, as a condition of site plan approval, require that landscaping, including the designation, planting and initial care of trees for a site and the removal of trees from any site be considered on the written approval of the Tree Commission before any certificate of occupancy may be issued by the Building Inspector. �473 B. Property greater than one hundred (100) acres. In the case of any private property having an area of more than one hundred (100) acres, the Tree Commission may issue annual permits authorizing the owner thereof to undertake the usual practice of such owner in thinning out overgrown areas and removal of diseased, dead or overaged trees. The application for such a permit need only state that the permit is sought for the foregoing purposes. No such permit shall be applicable to any area on which land clearing for instruction is in progress or is proposed. The Tree Commission shall have the right to inspect operations pursuant to such permit and shall revoke such permit if it finds such operations are inconsistent with this chapter. C. Fee. Each application for a permit under this section shall be accompanied by a fee of thirty dollars ($30) payable to the Village Clerk. §52A-7.2 I Tree Commission meeting A. Within thirty (30) days from the date an application for a permit is submitted and received in its final form by the Tree Commission, the Tree Commission shall approve or disapprove the application. The Tree Commission shall approve or disapprove the application. The Tree Commission shall convene a public meeting by the due notice to its members and shall advise the applicant of the date of such meeting. Notice of such meeting shall be published in a newspaper of general circulation in the village not less than seven (7) days prior to the date of such meeting. B- WAIVER: Upon receipt of an application for a permit for the removal of a tree from private property, not withstanding the provisions contained in 52A-7.13. the Tree Commission, may in its sole Discretion, act as follows: 1. Upon review of a duly completed application for a permit for the removal of not more than two (2) trees, the Commission, with the advice and consent ' of the Department of Architecture, Land Use Development, Buildings and Building Compliance, may waive the necessity of any notice, public • or otherwise, and may approve or deny an application for a permit. 2. An informal meeting through telephonic communication, and a vote similarly taken, is sufficient for the purposes of this section. 3. The criteria for a permit pursuant to this section shall be the same as 52A.7.3 I I • --v._-~.srjf**" *~se*' -J-=-»—-H=W. - --."^ . . « * - » a c ^ ^ = t i - i t - « . i J L % ^ ; ^ « T i * a M « �474 I 4. §52A-7.3 1. i 2. Any applicant denied a permit, pursuant to this procedure may, within twenty (20) days of its denial, request a public meeting and hearing pursuant to this local law. Permit decision. A. The burden of proof shall be upon the person seeking a permit (applicant) to demonstrate that each tree for which the permit is being sought is on the property owned by the applicant. B. The decision of the Tree Commission shall be based upon the following criteria, as applicable: The condition of the tree to be destroyed with respect to disease, age and hazard. The necessity of the destruction to accomplish the design or plans of the applicant. 3. The effect of the destruction on ecological systems. 4. The effect of the destruction on the character of the site and neighborhood. 5. Good horticultural and vegetation management practice. 6. The overall public interest. §52A-7.4 Notification Notice of each application for permit shall be sent by the Tree Commission to each abutting owner of private property for which the permit and the permit was sought, stating where the application for permit and the permit may be examined. Such owners shall be given notice of the meeting referred to in §52A-7.2 and shall have the right to be heard at such meeting shall have the right to be notified of the decision of the Tree Commission and shall have the right of appeal as provided for by §52A-8 hereof. I §52A-7.6 Parking Lots If any parking lot is to be constructed, having an area of more than one-fourth (1/4) acre, on any property with respect to which an application for a permit is made, the Tree Commission shall require in any permit issued that not less than fifteen percent (15%) (measured in crown breaths) in area of such parking lot shall be covered by trees or bushes, including any replacement trees or bushes, at the completion of the parking lot. §52A-7.7 Inspector. �475 Where a permit provides for extensive tree cutting and/or tree replacement, the Tree Commission may require the applicant to pay the cost or an inspector to be assigned by the Tree Commission to supervise that such cutting and/or replacement complies with the terms of the permit. §52A-7.8 Permit holder, restrictions and obligations. The holder of a permit shall perform the work required in a permit in a prompt and orderly way in accordance with accepted planting and tree surgery practices, including backfilling all holes, replacement of trees irrevocably damaged during construction by one (1) or more trees and removal by the Tree Commission. All trees within thirty (30) feet of any excavation or bulldozing for any structure shall be adequately guarded by a fence, frame or otherwise during the construction and all equipment, building material chemicals, dirt and other debris shall be kept at least four (4) feet from each tree. Any tree, including any replacement tree, which shall fail to survive for a period holder, or the then-owner of the property if other than the permit holder, or the then-owner of the property if other than the permit holder, within sixty (60) days following written demand by the Tree Commission [or if the demand is made between October 31 in any year and April 1 of the following year, within sixty (60) days such April 1]. §52A-7.9 Large scale obligations and restrictions. In the event that the requirements imposed under §52A-7.5, 52A-7.7 or 52A7.8 shall involve any expenditure of over five thousand dollars (S5,000.00), as estimated by the Tree Commission, the applicant for the permit shall furnish the village with a performance bond approved as to from the Village Attorney in an amount and sufficient to cover ninety percent (90%) of such estimated cost. The remaining ten percent (10%) of such estimated cost shall be in cash in cash, which shall be deposited in a special tree preservation escrow account to be established by the Village Treasurer. Upon completion of all required planting and restoration to the satisfaction of the Tree Commission, but not it excess of two (2) years and not in an amount greater than the original estimated cost. The ten-percent escrow cash deposit shall remain on deposit with the Village Treasurer until the maintenance bond is cancelled. §52A-7.10 Refusal and revocation of permit. In the event that the Tree Commission shall revoke any permit, the Tree Commission shall have die right, if a performance bond has been furnished pursuant to §52A-7.9, to declare the performance bond furnished pursuant to§52A-7.9, to declare the performance bond in default and to apply the proceeds thereof and of the stated escrow cash deposit to perform restoration work what is required. The acceptance of a permit by an applicant shall constitute the applicant's agreement that the village may enter upon the property in que4stion for planting and restoration purposes. Should the cost of restoration exceed the amount of the performance bond and stated escrow cash deposit, the balance shall be a lien on the property, or, if there shall not have been a performance bond and escrow ash deposit for the property in question, the costs of replanting and restoration shall be alien on that property. �B. The Tree Commission shall have the right to refuse to issue a permit for the destruction of tree(s) if it feels the best interests of the public are not served by the proposed destruction. It may also revoke any permit if the work is not in proceeding according to the terms of the application or the permit and in an orderly and diligent manner or if, in the judgment of the Tree Commission, there was any misrepresentation in the application for the permit. §52A-7.11. Certificate of occupancy and seasonal restrictions. In any case where construction has been or is taking place on any parcel or private property, no certificate of occupancy shall be issued by the Building Inspector or other authority until the Tree Commission shall certify in writing that no violation of this chapter exists and that all work required by this chapter or any permit has been satisfactorily completed, except that, between October 31 in any year and April 1 of the succeeding year, such certificate of occupancy may be issued upon the submission of an agreement in writing by the person to whom the permit was issued, engaged, compliance on his or her part with all requirements hereof and completion of required planting and restoration work o the reasonable satisfaction of the Building Inspector or authority on or before May 1 of the next year succeeding such October 31. Any performance bond and escrow case deposit for such property shall continue in effect until the planting and restoration work thus deferred is satisfactorily completed. Should the person the permit was issued to fail to satisfactorily complete the planting and restoration work on or before such May 1, the Tree Commission shall have the right to declare any performance bond in default and to apply the proceeds thereof and the related escrow cash deposit to the completion of the required work. Any deficiency, whether or not a performance bond and escrow cash deposit has been furnished for such property, shall become a lien upon the property. §52A-7.12 Obligations for screening in areas exceeding 5 acres. In addition to the plantings required by other provisions of this chapter, the Tree Commission shall, in the case of any permit application relating to property exceeding five (5) acres, require the planting of trees of appropriate type and caliper and in sufficient number effectively to screen the property all roads abutting said property, to the reasonable satisfaction of the Tree Commission, unless the Tree Commission finds that the existing trees sufficient for the purposes. This section and its requirements shall be subject to the requirements of §52A-7.9 with respect to the posting of performance bonds and making escrow case deposits. §52A-7.13 Emergency actions. In any case where destruction any tree on private property is required because of imminent and substantial risk or injury to persons or damage to property, the owner of such property shall use his or her best efforts to seek emergency on-site approval for such action by the Tree Officer or the Department of Architecture. Land Development. Buildings and Building Compliance. If such officials are unavailable, the owner may proceed and shall notify the Tree Officer of such action as soon thereafter as is reasonably possible. Emergency on-site approval by the Tree Officer or the Department of Architecture. Land Development. Buildings and Building Compliance may be granted without convening a meeting or giving notice to owners of �477 a private property within two hundred (200) feet of the property for which the approval is sought as is otherwise required by 52A-7.4. §52A-7.13 Appeals. Any person aggrieved by any decision of the Tree Commission shall have the right, within twenty (20) days from the date of the decision of the Trustee Commission, to appeal to the Board of Trustees, which shall review the decision. B. Upon hearing an appeal, the Board of Trustees may uphold the decision revoke the permit, or amend the permit. Appeals may be made by certified letter addressed to the Board of Trustees at Village Hall. §52A-7.13 A. B. Penalties for offenses. Any person violating any of the provisions of this chapter shall commit an offense, the fine for which shall not exceed two thousand dollars f S2.0Q0) and/or replacement of the tree(s). The destruction or injury of each tree shall be deemed a separate offense not withstanding any penalties which may be imposed by the court. Further, any person violating any provision of this local law may be deemed a disorderly person and subject to imprisonment not to exceed fifteen (15) days. In addition thereto, any person violating any provision of this chapter shall be subject to civil penalty enforceable and collectable by the village in the amount of two thousand dollars ($2.000.00) per day of violation per tree. Further, any person who violates this law may be required to replace each tree destroyed. §52 A-10 Repealer. Any provision of any local law or ordinance inconsistent with any provision of this chapter is hereby repealed. §52 A-11 Severability. The invalidity of any other portion of this chapter shall not affect the validity of any other provision hereof which can be given effect without such invalid provision. §52A-7.12 When effective. The local law shall take effect immediately. �478 I Meeting Date: 12/21/04 Resolution #: 12/216/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow To Study the Activation of a Police Department K-9 Unit WHEREAS, it is the desire of the Village of Sleepy Hollow Police Department to study the activation of a K-9 Unit once utilized by the Village's Police Department personnel; and WHEREAS, the Village of Sleepy Hollow Police Department has received donations toward the cost of the K-9 Unit. I Now, Therefore, Be It Resolved that the Village Treasurer is authorized to open a Village of Sleepy Hollow Police K-9 Unit checking account at Sleepy Hollow Bank, utilizing the accumulated donations to date as the initial deposit; and Be it Further Resolved, that the Village of Sleepy Hollow Police Department is authorized to study the activation of a Village K-9 Unit and take whatever action is necessary to accomplish this study. Moved: Trustee Grala Seconded: Trustee Spota Vote: Unanimous I r - - * j i l - - t-vtr--, »*-. J a-' - » r.-5*rf. %i»£ *s*2-.f>-9*t&U. kfe^ifiri«HF*I rt^VtSi*JJ**<*SSSiSi<i»8i �Meeting Date: December 21, 2004 Resolution #: 12£l 7/04 479 MAYOR AND BOARD OF TRUSTEES RESOLUTION OF NEGATIVE DECLARATION AND REZONING WHEREAS, Lawrence Doyie, the owner of record of a ±0.46 acre parcel of land located at 16 New Broadway, referred to as Section 116.12, Block 1, Lot 14 (hereinafter the "Property") in the Village of Sleepy Hollow, and WHEREAS, on or about October 6, 2004, a petition was submitted to the Mayor and Board of Trustees of the Village of Sleepy Hollow (Village Board) in which said petition seeks to rezone the Property from R 4, One and Two Family Residence to C-l," Highway Commercial for the purposes of reusing the property for professional office; and WHEREAS, the Village's Waterfront Advisor}' Committee has reviewed the proposed rezoning and have found it to be consistent with the goals and policies outlined in the Village's Local Waterfront Advisory Program; and WHEREAS, the Village Planning Board has reviewed the proposed rezoning as required under Chapter 62-53.B of the Zoning Code and have provided the Village Board with their recommendation in favor of the proposed rezoning; and WHEREAS, the Mayor and Board of Trustees did open and close a duly noticed public hearing on December 7, 2004 at Village Hall and provided all members of the public to comment on the proposed rezoning application; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board, based on the environmental record before it and in consideration of the recommendations from the other various Boards and Committee serving the Village, does hereby declare that the proposed action 76S635.1 �480 I will not have a significant adverse impact on the environment and does hereby issue a Negative Declaration for the proposed rezoning; and be it further RESOLVED, the Mayor and board of Trustees does hereby authorize the rezoning of a ±0.46 acre parcel of land located at 16 New Broadway, referred to as Section 116.12, Block 1, Lot 14 from R-4, One and Two Family Residence to C-l, Highway Commercial; and, be it further RESOLVED, that the Village Board does hereby direct the Village Architect to revise the Official Zoning Map of the Village to reflect the proposed changes. i Moved by: I 76S635.1 Trustee Spota Trustee Seconded by: Murray Vote: Unanimous �481 Meeting Date: 12/21/04 Resolution #: 12£iVQ4 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Mayor to Execute an Agreement for Survey Services WHEREAS, the Village of Sleepy Hollow has solicited proposals for survey work from qualified surveyors, and WHEREAS, Hahn Engineering has reviewed the three proposals obtained and recommended that the Village accept the low bidder, Professional Land Surveyor, 52 Starr Ridge Road, Brewster, New York, 10509, and WHEREAS, these surveys are necessary for the Village's existing and future community development block grant applications. NOW, THEREFORE; BE IT RESOLVED, that the Board of Trustees herein authorizes the Mayor to execute a professional services contract with Professional Land Surveyor and to take any and all necessary steps to effectuate the intent of this resolution. Moved by Trustee Murray Seconded by Trustee Graia Vote unanimous �f '.'-" . I Meeting Date: 12/21/04 Resolution: 12/ 219/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Eduardo Roncaneio, 43 Rosemont Blvd., White Plains, NY 10607 as a part-time Laborer in the Public Works Department at $15.00 per hour effective December 22,2004. He replaces a previous part-timer in this slot. Said appointment is subject to approval of the Westchester County Department of Human Resources and a probationary period of twelve to fifty-two weeks. Moved:Trustee Grala Seconded:Trustee Capossela Vote: Unamimous 482 �483 Meeting Date: 12/21/04 Resolution #: 12/220/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Issuing a Negative Declaration for North Tarrytown Housing Authority Relating to Valley Street Parking Lot WHEREAS, the Village of Sleepy Hollow is proposing to enter into an interim lease with the North Tarrytown Housing Authority in regard to the Valley Street parking lot; and WHEREAS, such proposed lease constitutes an "action" under SEQRA; and I WHEREAS, the Board of Trustees has reviewed a short form EAF in conjunction with such interim lease. Now, Therefore, Be It Resolved that the entering into of such lease will not have a significant impact on the environment, and is further Resolved, that a negative declaration shall be issued in conjunction with such lease. Moved: Trustee Capossela Seconded: Trustee Spota Vote: Unanimous I I JC _ f * r - = i s ^ * i i r i e ^ ^ ^ J s d l ^ i L i ^ S ^ 1 ^ ! ^ ^ ^ ^ . .*• SaHMfc-J^agfc^i^Ji^^^ �484 I Meeting Date: 12/21/04 REsolution #: 12/221/04 RESOLUTION WHEREAS, the Village is the current owner of the Valley Street Parking Lot located adjacent to Valley Street in the Village of Sleepy Hollow; and WHEREAS, the Village of Sleepy Hollow has a long range plan to transfer the property constituting the Valley Street Parking Lot to an entity known as the Westchester Management Group, a non-fbr-profit development corporation established by the North Tarrytown Housing Authority; and WHEREAS, prior to such transfer, the Village of Sleepy Hollow is willing to lease the Valley Street Parking Lot to the North Tarrytown Housing Authority on an interim basis; and I WHEREAS, it is the position of the Board of Trustees that it is in the best interests of the Village of Sleepy Hollow to enter into an Interim Lease with the North Tarrytown Housing Authority which would allow the Housing Authority to operate the Parking Lot for one year, namely from January 1, 2005 to December 31, 2005 with parking fees paid to the Village and other operation and maintenance expenses including taxes paid for by the North Tarrytown Housing Authority; and WHEREAS, the Board of Trustees has reviewed the attached Interim Lease and finds the same satisfactory; THEREFORE, IT IS RESOLVED that the Board of Trustees of the Village of Sleepy Hollow hereby approves the entering into of a lease between the Village of Sleepy Hollow and the North Tarrytown Housing Authority for the Valley Street Parking Lot for a period of one year; and it is further RESOLVED, that the Mayor of the Village of Sleepy Hollow on behalf of the Board of Trustees is authorized to execute such Lease Agreement on behalf of the Village. Moved: Trustee Capossella Seconded: Trustee Spota Vote: Unanimous I 2*»/ll/27t7J2Vl 12/21*4 -*•• .d^tfSfiBtt^HI - ,. r ,;.._£_ j . ; ^ . _,.-.,,. *%4-;A �485 LEASE AGREEMENT BETWEEN THE VILLAGE OF SLEEPY HOLLOW, AS LANDLORD AND NORTH TARRYTOWN HOUSING AUTHORITY, AS TENANT 1. PARTIES This Lease Agreement is between the Village of Sleepy Hollow, a municipal corporation liaving an office at 28 Beekman Avenue, Sleepy Hollow, New York 10591, hereinafter called "Landlord" and North Tarrytown Housing Authority ("NTHA"), having an office at 123 Valley Street, Sleepy Hollow, New York 10591 hereinafter called "Tenant". 2. PROPERTY LEASED The Landlord hereby leases to the Tenant the property known as the Valley Street Parking Lot, located at Valley Street, Sleepy Hollow, New York. The property leased is outlined in red on the annexed map and is described on the Village of Sleepy Hollow Tax Map as 3. PURPOSE OF THE LEASE Tenant agrees to lease the above indicated parking spaces to be used as an interim parking lot for utilization by residents of the Village of Sleepy Hollow . The permanent use of the premises will be for affordable housing. 4. TERM OF LEASE The term of this Lease is for one (1) year, beginning on January 5, 2005 and ending on December 31, 2005. 5. RENT The total rent for the term of this Lease is Ten Dollars. 6. USE OF THE PREMISES The premises leased shall be used solely as a parking lot for the residents of the Village of Sleepy Hollow. Priority is to be given to those residents who currently have permits for the lot. Priority for remaining spaces is to be given to residents of 126 Valley Street and 79 College Avenue. Three spaces are reserved for employees of North Tarrytown Housing Authority. 7. CONDITION OF PREMISES Tenant takes possession of the premises in its "as is" condition. 8. TENANT'S DUTY TO REPAIR AND MAINTAIN 2476/92/278753 VI 12/2I/W �The Tenant is responsible for the operation and maintenance of the premises and shall undertake ordinary repairs at its own expense. Tenant shall keep the property and parking area neat and clean and take any necessary measures to properly maintain the parking lot. 9. ENFORCEMENT Tenant agrees to administer and enforce the Village of Sleepy Hollow municipal parking lot requirements. 10. ACCESS TO PREMISES Tenant agrees that Landlord shall have the right to enter onto and upon the premises, or any part thereof, at all reasonable hours for the purpose of examining the same or making repairs or alterations as may be necessary for the safety and preservation thereof and also for the purpose of enforcing the parking privileges. 11. ALTERATIONS BY TENANT Tenant shall not make any alterations, additions or improvements to the leased premises without the written consent of the Landlord. 12. LIABILITY Landlord is not liable for loss, expenses or damage to any person or property unless it is due to Landlord's gross negligence. Tenant shall pay for damages suffered and monies expended by Landlord relating to any claim arising from any action or neglect of Tenant. 13. ASSIGNMENT OR SUBLET Tenant may not sublet all or any portion of the premises or assign this Lease or permit any other person to use the premises other than those Village residents who otherwise have the right to utilize said parking lot. 14. TAXES AND EXPENSES Tenant shall be responsible for the payment of all taxes and expenses related to the leased premises. 15. SNOW REMOVAL Tenant agrees to remove snow and ice from the leased premises as well as the access road to the leased premises. 16. INSURANCE Tenant shall provide an appropriate certificate of insurance covering the leased premises in amount satisfactory to the Village naming the Landlord as additional Insured. 247MK/27»753 VI 12/21/M �487 17. PARKING FEES Tenant shall be responsible for collecting all parking fees for the use of the Premises. All parking fees collected from Village residents, who are not residents of 126 Valley Street, will promptly be paid over to Landlord upon receipt. 18. TENANT'S DEFAULTS AND LANDLORD'S REMEDIES A. Landlord may give five (5) days written notice to Tenant to correct any of the following defaults: (1) failure to turn over parking fees; (2) improper assignment of the Lease, improper subletting all or part of the premises, or allowing another to use the premises; (3) improper conduct by Tenant at the premises; (4) failure to fully perform any of the terms of this Lease. B. If Tenant fails correct the defaults in Section A within the five (5) days, Landlord may cancel the Lease by giving Tenant a written three (3) day notice stating the date the lease term will end. On that date Tenant must vacate the premises. I C. If the Lease is canceled, or rent is not paid on time, Landlord may in addition to the other remedies take any of the following steps: (1) enter the premises and remove Tenant or any other person or property; (2) use, dispossess eviction or other lawsuit in order to take back said premises. D. If the Lease is ended or Landlord takes back the premises, rent for the unexpired term becomes due and payable. 19. WAIVER OF JURY, COUNTERCLAIM, SET-OFF Landlord and Tenant waive trial by jury in any matter which comes up between the parties under or because of this Lease (except for personal injury or property damage claims). In a proceeding by Landlord to obtain possession of the premises, Tenant shall not have the right to make a counterclaim or set-off. IN WITNESS WHEREOF, the parties have set their hands and seals (or caused these presence to be signed by their proper corporate officers and caused their proper corporate seal to be hereto affixed) this day of, December 2004. I VILLAGE OF SLEEPY HOLLOW By: NORTH TARRYTOWN HOUSING AUTHORITY By: 2476/W/27H753 VI 12/2I/M I ,IN#&. •c-'tfjs S'salt^HiS^-^Sr^fc; * _ ^ ^ * * ^ ^ l - ^ i * ^ ^ i ^ j £ ^ ^ �488 ^ I Meeting Date: 12/21/04 Resolution #: 12£22/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow To Confirm Establishment of Mayor's Fire Department Advisory Board Be it Resolved that the Board of Trustees of the Village of Sleepy Hollow does hereby confirm the Mayor's action establishing a Mayor's Fire Department Advisory Board. H Moved: Trustee Spota Seconded: Trustee Murray Vote: Unanimous �489 MAYOR'S FIRE DEPARTMENT ADVISORY BOARD (MFDAB) Fire Department Members: Deputy Chief John Korzelius, 525 Riverside Drive, Apt. 2, SH, (Cell 804-4027) Former Chief Robert Moon, P.O. Box 814, SH bcmoon409.aol.com Former Chief William Hennessey, 95 Beekman Avenue/Apt. 447V, SH (H. 631-1138) Former Chief John Cellante, 28 Cedar Street, SH (H.631-3096) Former Chief Richard Green, 65 New Broadway, SH 631-0255 qreenrl945@aol.com Former Chief Richard Gross, 23 Elm Street, SH (Cell-804-4011; H. 631-5221) Former Chief Glen Amesbury, 173 Valley Street, SH (W. 845-365-9516) I Special Advisor to the Mayor: William (Bill) Ryan, 117 New Broadway, SH Ambulance Corps Member: Captain Todd Spota (Cell 804-1836), 34 Pine Street, SH (tspota@hotmail.com1) Police Department Liaison Member: Lt. Gabriel Hayes Ex-Officio Fire Department Members: Chief Engineer Jose Ojito (Cell 804-51 llHsnfd2311@aol.com) Second Assistant Chief Bill Hennessey, (Cell 490-8073) I Board of Trustees Member: Trustee Richard Spota, Fire Commissioner, (H. 631-8180) pspota@aol.com I �490 I PUBLIC WORKS REPORT DECEMBER 21, 2004 PLEASE NOTE!!!!!! HOLIDAY SCHEDULE VILLAGE OFFICES ARE CLOSED FRIDAY DECEMBER 24™ AND DECEMBER 31 S T . CHRISTMAS WEEK AND NEW YEARS WEEK GARBAGE IS AS FOLLOWS: THURSDAY'S GARBAGE WILL BE PICKED UP ON WEDNESDAY ALONG WITH RECYCLING, REGULAR FRIDAY GARBAGE PICKUP WILL BE ON THURSDAY. WE HAD A MINOR SNOWFALL SUNDAY INTO MONDAY AND OUR SALT SPREADERS WERE OUT SALTING T H E ROADS. I LEAVES WILL CONTINUE TO BE PICKED UP UNTIL DECEMBER 3 0 T H WITH VACUUM. AFTER THAT LEAVES MUST BE BAGGED AND PLACED AT THE CURB. A NEW STORM DRAIN HAS BEEN INSTALLED ON GORDON AND KATRTNA. TREE TRIMMING/REMOVAL HAS BEEN ONGOING. �491 ADMINISTRATIVE REPORT DECEMBER 21, 2004 A NEW CEILING WILL BE INSTALLED IN COLUMBIA HOSE SHORTLY. A NEW ROOF WILL BE INSTALLED IN RESCUE HOSE FIRE HOUSE. A NEW ROOF HAS BEEN INSTALLED ON THE SHAFT 10 PUMP HOUSE. THE MAIN OFFICE OF VILLAGE HALL WILL BE PAINTED SHORTLY. A NEW COMPUTER ROOM WAS CONSTRUCTED IN THE ATTIC A FEW MONTHS AGO. I THE STORAGE AREA ON THE THIRD FLOOR HAS BEEN UPGRADED TO BE ABLE TO STORE A LOT MORE FILES. I I s:-*- - -h, *„•* ^ i ^%'-t^-^^sir^^^sd^^s^M^S^'^^'^^'^^ >^^j^-,^£vxk£b^ � 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-2004 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_2004-12-21 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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