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                    <text>Minutes of the Board of Trustees
Village of Sleepy Hollow
The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, July 5,
2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Thomas Capossela
Karin T. Wompa
Evelyn R. Stupel
Barbara J. CanDavid L. Schroedel

Trustees

Bruce R. Campbell (Absent)
Also Present: Anthony Giaccio, Village Administrator
Sara DiGiacomo, Village Treasurer
Greg Camp, Police Chief
Mayor Wray called the work session to order at 7:00 p.m.
CAPITAL PROJECTS - Sara DiGiacomo outlined the various capital project requests that
were submitted by the Department Heads. Ms. DiGiacomo provided the Board with a summary
of the requests (attached).
Police Department - The Police Department would like to purchase three new vehicles
and in-car digital cameras. They also asked for some building improvements. Mayor
Wray requested an inventory of all police vehicles including age and function.
Fire Department - The Fire Department has requested turn out gear and boots. They are
also interested in purchasing a new fire truck, but it was determined that this will be
discussed at a later date.
Administration - Capital projects for administration include a legal settlement, tax
certioraris and community development block grant projects.
DPW - The DPW would like to purchase a new street sweeper. In addition, there are
several water department projects that have to be done within the coming months.

�RECORDS MANAGEMENT DAY - The Board discussed scheduling one or two record
management days. During these days, Village Hall will be closed, but the staff will work on
organizing all village files and documents. Suggested dates are August 12 and August 19.
OTHER - Trustee Schroedel complimented the fireworks company for putting on a nice show
for the fourth of July. Trustee Capossela asked that the After School Program be put on the next
work session agenda.
At 7:45 the meeting was adjourned.
Respectfully s u b ^ i ^ d ,

Anthony CMaccio, Village Administrator

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                    <text>Minutes of the Board of Trustees
Village of Sleepy Hollow
The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, June
21, 2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Thomas Capossela
Karin T. Wompa
Evelyn R. Stupel
Bruce R. Campbell
Barbara J. Carr
David L. Schroedel

Trustees

Also Present: Anthony Giaccio, Village Administrator
Janet Gandolfo, Village Attorney
Rich Gross, General Foreman
Greg Camp, Police Chief
Mayor Wray called the work session to order at 7:00 p.m.
SOLID WASTE MANAGEMENT - Sleepy Hollow resident Tim Judge made a presentation
on waste management. Mr. Judge has experience in this area and is proposing to prepare a study
for the Village to determine ways in which trash removal can be done more efficiently. The
Mayor sited the potential 2% property tax cap as an incentive to try and find ways to be more
efficient. The study is estimated to cost between $15,000 and $20,000. Discussion ensued.
ICHABOD'S LANDING LANDSCAPING - Alex McFarlane and other members from the
Ichabod's Landing executive board were in attendance. They are proposing to reinstitute an
agreement between Ichabod's and the Village in which Ichabod's contributes $5,000 per year
towards the cost of landscaping along the River Walk. The proposal met with a positive
response from the Board. The Mayor referred the matter to the Recreation and Parks Committee.
TREE POLICY ^ The Board discussed updating the Village's tree policies. David Bedell,
Chairman of the E^nvironmental Advisory Committee sat in on the discussion. The Board
discussed liability, mapping, preservation and the role of the Tree Commission. The Mayor
referred the matter to the Recreation and Parks Committee and the EAC.

�DEVRIES PARK PLAYGROUND - The Board discussed the bid results for the Devries Park
Playground project. The Board is in receipt of a letter from Suzette Lopane of the Westchester
County Planning Department that recommends awarding the bid to Vemon Hills Landscaping.
The total cost of the project is $363,255 with $248,400 being funded through a Community
Development Block Grant.

Discussion ensued.

KATHRYN DAVIS BATHHOUSE LEASES - The Board discussed renting out of the
Bathhouse at Kingsland Point Park. RFP's were received from three prospective tenants.
Discussion ensued. The Board agreed that the lease should be until the end of next year.
PRISONER TRANSPORT IMA - Chief Camp gave a report on the prisoner transport
agreement with the County. The agreement enables the Village to receive reimbursements from
the County for prisoner transports. The village will get an additional $5 for each transport to and
from the County jail. Currently the village gets about $300 for a trip. Chief Camp said that this
is a slight increase from the previous agreement.
HANDICAP PARKING SPACES - Chief Camp infomied the Board that some residents had
requested handicapped spaces on Cortlandt Street and Beekman Avenue. Discussion ensued. A
public hearing is necessary to create these spaces.
GM LICENSE AGREEMENT - The Board reviewed a draft license agreement with General
Motors, which will permit the Village to park vehicles on the West Parcel.
SPECIAL SESSION
On a motion made by Trustee Carr and seconded by Trustee Stupel and carried unanimously the
Board moved to special session.
Motion was made by Trustee Campbell and seconded by Trustee Carr to authorize Mayor Wray
to sign the Cablevision Franchise Agreement. The motion passed 6-0.
On a motion made by Trustee Carr and seconded by Trustee Stupel and carried unanimously the
Board moved out of special session.
At 8:47 the meeting was adjourned.
Respectfully submitted,

H ^ ^ , ^^
Anthony Gi^c^io, Village Administrator

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                    <text>The Work Session of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday,
June 14, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York.
Present:

Mayor Kenneth G. Wray
Barbara Carr
Bruce Campbell
Karin Wompa
Evelyn Stupe!, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Sean E. McCarthy, Village Building Inspector
Gregory Camp, Police Chief
Absent:

Deputy Mayor Thomas Capossela
David Schroedel, Trustee

At 7: 09p.m. the Mayor called the meeting to order with a pledge to the flag.
Approval of Warrants:
Trustee Campbell moved, seconded by Trustee Carr to approve the warrant of $273,968,04
It was unanimous. Vote: 4-0
Approval of Minutes:
Trustee Wompa moved to approve the Minutes of 4/12/2011, 5/17/2011, 5/24/2011 and
6/7/2011 as amended. It was seconded by Trustee Carr. It was unanimous.
Public Comments:
Mayor opened the meeting to the public. At this time there were no comments.
Trustee Reports:
Trustee Carr - Reported that the senior committee has not met. Trustee Carr stated that
the Friends of Horan's landing had a cleanup day and are in the process of organizing a
movie in the park for August 13^'^.

�Trustee Campbell-Reported that the
annual Sleepy Hollow Sprint Triathlon was very
well organized and thanked everyone who helped.
Trustee Campbell also reported that the agreennent between the Village and Ichabod's
landing is being discussed regarding the homeowners maintenance fee, and asked that this
item be added to next week's work session.
Trustee Campbell asked if a resolution could be added to authorize the Friend's of Horan's to
show a movie in the Park in August.
He also reported that residents may now pay their tax bill on line.
Trustee Campbell also explained that along with Daphne, he is now doing quick synapses of
the Board Meetings and it will air within 48 hours after the meeting.
Mayor Wrav Reported on behalf of Deputy Mayor Capossela that the annual TNT baseball
picnic is taking place this Saturday in DeVries Park.
Trustee Worn pa- Reported that the Morse playground is completed and thanked the
Department of Public Works.
Trustee Stupel- Reported that the next court date for building cases is on June
Trustee Stupel also mentioned that she would like to see the Finance Department not accept
cash payments, since there have been two incidents of fraudulent bills.
Administrator's Report: Mr. Giaccio reported that the Village Attorney, Janet Gandolfo,
has been working with Department Heads to put the village code online. This process has
been going on since 2003, but it could be online within the next six months.
Mr. Giaccio also reported that the filming that is going on in Sleepy Hollow has been a major
attraction with no incidents.
Trustee Campbell- read an email from his nephew regarding the recent triathlon with
many compliments and he looks forward to doing it again next year.
Resolutions:

(see attached)

Special Session:
Mayor asked for a motion to go into special hearing session as Police Commissioners
regarding the Jose Quinoy hearing. Trustee Carr moved, seconded by Trustee Campbell,
and Board approval.
Mayor stated that the Board of Trustees is now sitting as the Village of Sleepy Police
Commissioners. A resolution was approved. See attached
Trustee Campbell moved to close the hearing motioned seconded by Trustee Carr.
Mayor stated that the reason to close this hearing is because there are no further discussions
and an agreement had been reached. Motion was approved unanimous.
Mayor Wray called the meeting to order back in regular session.

�Old Business:
Trustee Stupel expressed concern regarding the traffic light on Rt. 448.
Mayor stated a Police Car often sits at that intersection.
Chief Camp stated that that intersection has been identified as a concern but NYS has not yet
responded. Discussion ensued.
I^ayor said there was a near personal disaster when a large tree recently came down and the
Board agreed that it is time to have a discussion with the Tree Committee which oversees
the applications for tree removal requests.
Discussion ensued.
New Business:
Trustee Stupel and Trustee Carr discussed the cash intake in the Finance Department and
Mayor asked to have it on the agenda for the next work session.
Trustee Wompa stated that the speeding machine is wonderful on Rt 448.
Trustee Carr reported that as of June
Westchester County accepts recyclables 1 through
7 and stated that the Village gets paid for what we recycle and it's a great benefit to the
village and the environment.
Communications:
Village Clerk reminded the residents that the County's Mobile Shredder will be coming to the
Village on Friday June 17, from 10:00 am to 2:00 pm and will be parked at the Elm St
parking lot. The County's Mobile Passport unit will be in the Beekman Avenue parking lot on
Tuesday, July 12, from 3:00pm to 7:00 pm.
Mayor's announcements:
Mayor stated that to avoid the uncertainties, costs and risks of continued litigation between
them, the parties have agreed to resolve this matter. It has been settled to their mutual
satisfaction.
Mr. Quinoy's last day of employment with the Village of Sleepy Hollow was May 31 2011.
Public Comments:
Mayor opened the meeting to the public and evoked the 5 minute rule.
Don Cateano of Lawrence Avenue, addressed the Mayor and the Board of Trustee and
commented on the landscaping around the Headless Horseman statue on Route 9.
He said It is horrendous and asked that the Village do something to improve its looks.

�He also complaint about people taking recyclables out of his garbage and that it should be
Illegal.
Mario Belanlch of North Washington Street addressed the Mayor and the Board of Trustees
and stated that the Headless Horsemen statue was supposed to be paid for by donations.
He asked about the $110, 000 paid for by taxpayers and were these monies recouped.
Mayor responded that the Village had spent over $100, 000.00 and he's hesitant to spend
any more money on it. He also stated that the folks responsible should raise the money to
cover this cost, but have not done so yet.
Trustee Campbell stated that the Board is still trying to recoup the money used for the
statue. He asked how the members of the Headless Horseman Committee intend to raise
the money to pay back. He also suggested that the Village should consider taking it down.
Trustee Wompa agreed and said we should continue the efforts to come up with this money.
Discussion ensued.
At 8:35 pm on a motion by Trustee Carr, seconded by Trustee Wompa the meeting was
adjourned.
Respectfully submitted.

"^aula A. McCarthy
Village Clerk

�The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, August
2011, Village Hall, 28 Beeknnan Avenue, Sleepy Hollow, and New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Thomas Capossela
David Schroedel
Barbara Carr
Bruce Campbell
Karin Wompa

Absent:

Evelyn Stupel, Trustee

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Sean E. McCarthy, Village Building Inspector
Gregory Camp, Police Chief
At 7:09 p.m. the Mayor called the meeting to order with a pledge to the flag and a moment
of silence for John Monroe, Anna Maceyak and Brian McCarthy.
Chief John Korzelius, Second Assistant Chief Haggerty and five members of the Junior Corps,
stood in front of the Mayor and the Board of Trustees, for an honoring presentation by the
Chief. The Junior Corps recently received high honors in the Ossining Firemen's parade.
Chief Korzelius stated that the Junior Corps members were excelling in firefighter training,
some members have taken firefighter course 1 and 2 which is training beyond what many
others have. He also stated that these Junior Corps members are the future of the
Department, and he has never seen kids at this age taking such initiative.
Approval of Warrants:
Trustee Campbell moved, seconded by Deputy Mayor Capossela to approve the warrant for
$234,396.85. It was unanimous.
Mayor announcements:
Mayor Wray noted that there will not be a Sleepy Hollow Board of Trustees meeting or work
session for the next two weeks. The next regular meeting will be on August 30''^, 2011.
Mayor Wray stated he received correspondence from a resident regarding the library, which
he'd like to publicly address. He stated that his support for the Library has been strong and
consistent, and that he was neither contacted nor interviewed for the recent River Journal
newspaper article.

�Mayor also stated that the current Board has been steadfast in continuing the support of the
library and that a new contract have to be renewed in 2014, although the terms may change.
This year Sleepy Hollow increased its contribution from $599,000.00 to $675,000.00 which is
47% of the library budget. Mayor also pointed out that there is an agreement that includes a
provision stating that if Tarrytown and Sleepy Hollow can't agree on a budget, the library's
budget is automatically renewed at the current years' level, plus an upward adjustment
based on the increase in the Consumer Price Index. Mayor felt it was prudent and honest to
discuss this reality with members of the Library Board at their regular meetings. It is now
the time for the library to plan an effective strategy for the future, which they have already
begun.
Public Comments:
Angelo Guzzo of Fleetwood Pizzeria in Sleepy Hollow, addressed the Mayor and the Board
of Trustees and asked if there's an ordinance to sell the same product within 200 feet of the
same establishment. He stated that the Huddle is serving pizza which is only 175 feet away
from Hollywood Pizzeria,
Village Attorney, Janet Gandolfo, stated that she would look into this but that the Huddle had
been given its approvals a while back.
Mario Belanich of North Washington Street addressed the Mayor and the Board of Trustees
and stated that he supports the international parades in the Village and suggested that they
display the American flag this year, such as the Ecuadorian parade coming up in a few
weeks.
He also suggested that the Library should count the people that hold Library cards to
determine the percentage fund in each Village.
Mayor Wray stated that there is an agreement in place with the Library.
Mr. Belanich also stated that the Village shouldn't waste their time with the possible closing
of the local post office since the government controls it.
Mr. Belancih asked if the $10,000.00 for the after school program was unaccounted for.
Or was it an error.
Mayor stated that the Village collected $31,000 last year from the program.
Discussion ensued.
Jack Gasico of Webber Avenue, addressed the Mayor and the Board of Trustees and
stated that he was disappointed that the Village was considering cutting the after-school
program. He stated that New York State used to be much better economically and the
Village should support child care in order for the parents to hold down jobs.
Mark Fisher of 124 Valley Street addressed the Mayor and the Board and asked about the
recent imposed 2% tax levy and asked if the Board was going to challenge the State's ability
to enact this cap.
Village attorney, Janet Gandolfo responded that if the Village moved forward with a lawsuit it
was unlikely to succeed. Discussion ensued.

�Mario Belanich, of North Washington St. addressed the Mayor and the Board of Trustees
again and said some people don't understand where he stands regarding the after school
program. He said he is against paying for it, but he is not against it.
Jack Gasko of Webber Avenue addressed the Mayor and the Board of Trustees again, and
stated that the Village shouldn't nickel and dime the kids, which are the ones that always
get hurt. He stated that the Village had purchased a fire truck for $600,000.00
Trustee Reports;
Trustee Schroedel: Reported that the Village successfully processed its bond, and
consolidated into a long-term bond offering. The rate is 3.372 percent, one point lower than
seven months ago.
Trustee Carr: Reported meeting with the Senior Committee to discuss some pending issues
such as; erratic air conditioning, the need for a walkway, animals in the garbage dumpster, a
telephone line and dish washing machine. Trustee Carr also reported that computers classes
are now available and a book case will be purchased for the Center.
Trustee Campbell: Reported that there will be a movie night at Horan's landing on
Saturday, August
2011, rain date is August
2011.
Trustee Campbell reported that the Village sent out a request for proposals to build a new
community television station for Tarrytown and Sleepy Hollow.
Trustee Campbell also reported that Halloween plans are progressing; and the following
websites will have more information, visitsleepvhollow.com and destinationsleepvhollow.com
Deputy Mayor Capossela: Reported that the Village is continuing to work on tree wells on
the lower Villages, and a new handicapped ramp at the Senior Center is being worked on.
He reported that the Department of Public Works purchased a new sweeper. Garbage pickup
will be on September
after Labor Day, for all routes in the Village.
Trustee Wompa: Reported that a draft petition was being worked on for the keeping of the
local post office.
Administrator's Report:
Village Administrator, Anthony Giaccio, reported that Village Hall will be closed on Friday
August 12 and August 19, 2011 for record managements.
The Street Fair and Swim for Life will take place on Saturday, September 10''^ from 10:00am
until 5:00pm.
Resolutions:

(see attached)

�New Business:
Ken Gentile, Executive Director of the North Tarrytown Housing Authority, addressed the
Mayor and the Board of Trustees and stated that the Housing Authority is seeking a
Community Development Block Grant from Westchester County for 124 Valley Street in
Sleepy Hollow.
Mr. Gentile explained that the grant, if approved, would go towards a new boiler system, a
new geothermal system and a new roof.
Mayor announcements:
Mayor stated that the New York Power Authority has been overcharging the Village for
electricity; therefore the Village will receive a refund for $8, 490.00.
Trustee Carr stated she received correspondence from a resident about the water supply and
encouraged everyone to sign up for email emergencies and other alerts, through the Village's
website.
Public Comments:
Jack Gasko of Webber Avenue addressed the Mayor and the Board again, and asked if the
Village can do better with the Bonds rate.
Village Treasurer, Sara DiGiacomo, explained that the bond was evaluated by the Village's
financial advisers and it has been processed.
At 8:10 pm on motion by Trustee Wompa, seconded by Trustee Carr the meeting was
adjourned.
^Qspectfully submitted,
•

^'Paula A. McCarthy
Village Clerk

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                    <text>TION
ofTr

Determinatic
by th.

to Civil

was held to
of employ
ard of Trustees on May 16, 2011, at which time
presented by

1-42;

1-36;

The

at tN
J Admini
presentations;

of Fact
independent
considc

by the
dations of

�IX: D m M J n s u i w m C m T ^ ^ All
$75,000 or more shall be required to contr
dental insurance. All employees earning ar
be required to contribute 12% annually for

The
June 1, 2009 to
June 1, 2010 to
June 1, 2011 to
Carr

earning an annual salary of
for the cost of
of $75,000 or less shall
cost of dental

for
31, 2010 - 0%
31, 2011 - 0%
31, 2012 - 2%

of the CBA is as

4-0

�Be it Resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the
following individuals as seasonal employees in the Department of Public Works effective June 20^
2011 at a salary rate of $15.00 per hour; Kevin Calabro of Peekskill, NY, John A. Zhinin of Sleepy
Hollow, NY, and, Javi B. Cordero of Sleepy Hollow, NY.
Moved: Trustee Carr

Seconded: Trustee Stupel

Vote: 4-0

�Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Mayor to Execute Contract with SPCA for Fiscal Year 2011-2012
Be It Resolved that the Mayor is herein authorized to execute the attached
Agreement between the Village of Sleepy Hollow and SPCA of Westchester, Inc. for the
Fiscal Year 2011-2012 at an annual cost of $3,360.00 which remains the same as
2009/2010 and 2010/2011.
Moved: Trustee Campbell

Seconded Trustee Stupel

Vote: 4-0

�SECA
WESTCHESTER

1M

Agreement Between the Village of
Sleepy Hollow ;
and the Society for the Prevention of Cruelty
to Animals of Westchester, Inc.

2011

�A G R E E M E N T B E T W E E N T H E VILLAGE OF S L E E P Y H O L L O W
AND
SOCIETY FOR THE P R E V E N T I O N OF C R U E L T Y TO ANIMALS
OF W E S T C H E S T E R , INC

AGREEMENT effective the first day of
June, 2 0 1 1 , between The Village of Sleepy Mollovv and the Society for the
Prevention of Cruelty to Animals of Westchester, Inc.,
WHEREAS,

The

Village

of

Sleepy

Hollow is a municipality existing in the State of New York, County of
Westchester (hereinafter called the Municipality], and
WHEREAS, the Society for Prevention
of Cruelty to Animals is a Not for Profit Corporation, created and existing
under and by virtue of the Special Act of the Legislature of the State of New
York known as chapter 9 1 of the laws of 1 8 8 3 and now governed under the
Not for Profit Laws of the State of New York [hereinafter called the SPCA) and
WHEREAS, the Municipality wishes to
engage the SPCA for a period of one year to

provide care and shelter for

homeless and stray dogs and cats seized by dog control officers, animal
control officers, police and other agents of the municipality,

�NOW THEREFORE, the parties agree as follows:

1. The SPCA shall provide and maintain a shelter for seized, stray, and homeless dogs and
cats and shall h u m a n e l y c a r e for animals brought to the SPCA by municipal animal control
personnel and agents. A stray is defined as a previously o w n e d animal running at large that
is friendly and safely handled by people.

2. a) The SPCA will be open to receive animals from dog control/animal control officers,
police, and r e p r e s e n t a t i v e s of the municipality from Monday thru Friday from 8 : 3 0 a.m. to
4 : 0 0 p.m. and on Saturday b e t w e e n the hours of 1 : 0 0 p.m. to 4 . 0 0 p.m., exclusive of legal
holidays.
b) The SPCA will open to the public Monday thru Saturday, legal holidays excluded, from
1 0 : 0 0 a.m. to 4 : 0 0 p.m. and on Sunday from 1 : 0 0 p.m. to 4 : 0 0 p.m.

3. The SPCA will hold all seized dogs as prescribed by Agriculture &amp; Markets Law Section
1 1 8 ( 4 ) and will abide by the redemption time and p r o c e d u r e s established by the
municipality, provided t h a t the municipal r e d e m p t i o n time and p r o c e d u r e s are not in
conflict with t h o s e t i m e s and p r o c e d u r e s provided u n d e r the Agriculture &amp; Markets Law.
Upon the expiration o f the r e d e m p t i o n time, animals not r e t u r n e d to their o w n e r s will be
made available for adoption. No animal will be euthanized for r e a s o n s of space o r length of
holding.

4. The SPCA, w i t h o u t c h a r g e and contingent upon space availability, shall take from a
resident of the municipality any stray cat or dog, licensed or unlicensed, found running at
large in the municipality and held by the resident for less than one week. In the event a
resident has h a r b o r e d a stray animal for a period in excess of one week, the resident will be
regarded as the o w n e r o f the animal.

5A. As to any animal kept by a resident for a period longer than one w e e k and
notwithstanding such animal is deemed to b e owned by the resident, the SPCA will take
such animal into its care u n d e r the following conditions:
a] that there is s p a c e available for the animal;
b] that the r e s i d e n t has m a d e an a p p o i n t m e n t to bring in the animal;
c] that the r e s i d e n t is willing to m a k e a donation to the SPCA.

�SB. The SPCA, however, r e s e r v e s its right to refuse to t a k e an ovvrned animal w h e r e the
animal is subject to the following conditions:
a) Advanced age
b ) Illness or chronic health conditions
c) Pregnant
d) Injured in any way
e) History of bites or aggression
f) Failed behavior a s s e s s m e n t
g) Certain b r e e d s which are difficult to adopt out (including Pit Bulls}i
6. The SPCA shall not be r e s p o n s i b l e for any e m e r g e n c y v e t e r i n a r y bills on strays brought
to a veterinarian by any r e p r e s e n t a t i v e of the municipality or by a "Good Samaritan." The
SPCA will provide v e t e r i n a r y c a r e through its Simpson Clinic for strays brought to its
shelter Monday through Friday from 8 : 3 0 a.m. to 4 : 3 0 p.m. Any e m e r g e n c y veterinary
t r e a t m e n t outside of t h e s e hours d i s p e n s e d to a stray in the municipality will be invoiced in
full to the municipality
7. The SPCA shall not b e available for e m e r g e n c y services e x c e p t in e x t r e m e situations and
only if there are p e r s o n n e l available, and if such service is provided t h e r e will be a charge
of $ 1 0 0 . 0 0 to the Municipality for each such e m e r g e n c y call.
8. The SPCA shall not a c c e p t a n y c a t d e e m e d f e r a l f o r t h e s o l e p u r p o s e o f e u t h a n a s i a
o t h e r w i s e k n o w n as t h e " c a t c h a n d k i l l " m e t h o d o f p o p u l a t i o n c o n t r o l . A f e r a l c a t
is a c a t t h a t h a s had l i t t l e o r no h u m a n c o n t a c t d u r i n g its n a t u r a l life a n d c a n n o t b e
handled

within

reasonable

means.

This

population

has

been

created

and

p e r p e t u a t e d b y h u m a n f a i l u r e to c o n t r o l t h e breeding of d o m e s t i c household cats.
9. T h e SPCA has adopted and e n d o r s e s the non-lethal Trap, Neuter and-Return method
(TNR) of dealing with feral cat populations, which method, w h e n a c c o m p a n i e d by ongoing
feral cat m a n a g e m e n t , is t h e m o s t e f f e c t i v e , h u m a n e m e t h o d o f c o n t r o l l i n g f e r a l c a t
p o p u l a t i o n s . T h r o u g h TNR, c a t s a r e h u m a n e l y t r a p p e d , s t e r i l i z e d and t e s t e d for
FIV/FELV.

If positive for e i t h e r disease, feral cats will be h u m a n e l y e u t h a n i z e d .

If

n e g a t i v e , f e r a l c a t s w i l l b e s t e r i l i z e d a n d p l a c e d b a c k i n t o t h e e n v i r o n m e n t in
which

they

were

living.

Cats

that

have

been

sterilized

are

ear

tipped

-

one

c e n t i m e t e r is r e m o v e d f r o m t h e tip o f t h e left e a r - to i d e n t i f y t h a t t h e y a r e part of a
colony.

' The above provisions do not apply to stray animals delivered
Control/ Dog Control Officer.

to the SPCA by the Municipal

Animal

�10, T o t h a t e n d , t h e SPCA will o n l y a c c e p t a c a t d e e m e d

f e r a l , f o r the explicit

protocols of T r a p - N e u t e r - R e t u r n from the m u n i c i p a l i t y a n d w i l l p r o v i d e f e r a l
with

spay/neuter

procedures

and

rabies

vaccinations

contingent

upon

cats
the

m u n i c i p a l i t y r e t r i e v i n g t h e a n i m a l w i t h i n 2 b u s i n e s s d a y s a n d r e - r e l e a s i n g it to t h e
a r e a in w h i c h it w a s f o u n d . Each feral cat brought to the SPCA for TNR will cost the
municipality an additional charge detailed as follows:
$ 5 0 for each female cat spay p r o c e d u r e *
$ 3 5 for each male cat n e u t e r p r o c e d u r e *
*fees inclusive of Rabies vaccination and e a r notching

11. In c o n s i d e r a t i o n o f t h e p e r f o r m a n c e b y t h e SPCA o f t h e t e r m s o f t h i s
a g r e e m e n t the M u n i c i p a l i t y h e r e b y a g r e e s to p a y t h e SPCA t h e s u m of $ 3 , 3 6 0 . 0 0
a n n u a l l y , payable in monthly installments of $ 2 8 0 . 0 0 . The first i n s t a l l m e n t t o b e paid
on t h e f i r s t d a y o f J u n e 2 0 1 1 , a n d t h e l a s t i n s t a l l m e n t t o b e p a i d on t h e s a m e day
o f e a c h s u c c e e d i n g m o n t h up to and including May 3 1 , 2 0 1 2 .

IN WITNESS WHEREOF, the parties h e r e t o have caused their c o r p o r a t e seals to be
hereunto affixed and this a g r e e m e n t to be signed by their duly authorized officers, the
day of

2011.

By

By,
Shannon Laukhuf

Executive Director
SPCA OF WESTCHESTER

�S T A T E OF NEW Y O R K
COUNTY OF W E S T C H E S T E R

On this

and say the he/she resides at

day o f

, 201 L before me personally came

to me known, who being by me duly sworn, did depose
that he/she is the

o f The Village o f Sleepy Hollow, the municipality described
in and which executed the foregoing instrument; that he/she knows the seal o f said municipality;
that the seal affixed to said instrument is such corporate seal; that it was as so affixed by order o f
the Board of Directors o f said municipality and that he/she signed his/her name thereto by like
order.

NOTARY PUBLIC

S T A T E OF N E W Y O R K
COUNTY OF W E S T C H E S T E R

On this/,^' ' day o f / V v / ^ ' y

, 2 0 1 L before

me personally came
SHANNON L A U K H U F , to me known, who being by me duly sworn, did depose and say that
she is the Executive Director o f the SPCA of Westchester Inc, the Not for Profit Corporation
described in the foregoing instrument and that she knows the seal o f said Not for Profit
Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order of the Board o f Directors of said Corporation, and that she signed her name thereto by
like order.

NOTARY PUBLIC

' • • '7

ALEXANDER B. MENG
QUALIFIED IN WESTCHESTER GOuiM i /

MY COMMISSIONOTiRESa-aa-^MT"

�Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting
the Bid for Kendall Avenue Sidewalk Improvements
WHEREAS, on April 29, 2011 the Village of Sleepy Hollow received bid proposals for
the Kendall Avenue Sidewalk Improvements Project (bid summary attached hereto);
and
WHEREAS, a low qualified bidder, Paladino Concrete Creations of Mt. Vernon, New
York has been identified with a low bid amount of $127,620.00; and
WHEREAS, all bids have been reviewed by the Westchester County Department of
Planning staff, the Village Attorney, and determined the bid of $127,620.00 to be
acceptable and has recommended its approval; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the
bid of Paladino Concrete Creations at a total amount of $127,620.00; and
BE IT FURTHER RESOLVED that the Mayor is authorized to take any and all steps
necessary to effectuate the intent of this resolution.
Moved: Trustee Wompa

Seconded: Trustee Campbell

Absent: Deputy Mayor Capossela and Trustee Schroedel

Vote: 4-0

�Westchester

px^yMCorn

Robert P. Astorino
Comity

Kxci'utivc

Department of Planning
lulwarcl Buroiighs
Coinnussioiicr

April 29, 2 0 1 1
Mr. Anthony Giaccio
Village Administrator
Village Hall
2 8 Beekman Avenue
Sleepy Hollow, New Y o r k 10591

Re: Kendall Avenue Sidewalk Improvements Project
Dear Mr. Giaccio,
Enclosed for your re-view is an analysis o f the bids submitted on April 29, 2 0 1 1 , for the Kendall
Avenue Sidewalk Improvements Project. All o f the bid proposals received has been checked for
mathematical accuracy and the totals shown on the spreadsheet represent correct amounts.
The low bidder is Paladino Concrete Creations at $ 1 2 7 , 6 2 0 . W e recommend the Village award
the bid to Paladino Concrete Creations at the next Village Board meeting.
Please note that the Village attorney must check the contractor's references and perform the due
diligence to verify the bid. Please notify me once the bid has been awarded so that we can
schedule a pre-construction conference.
I look forward to working with you in completing this project.

Cc:

Norma Drummond, Deputy Commissioner

�Village of Sleepy Hollow

vHHHHHHfe

Bid Sheet Analysis
Base Bid
l.A.

Qty
Nec,

Nec,

Unit Price

Site Preparation and Removals

l.B.

Extension

Extension

Unit Price

Unit Price

Cc in-Tech

Ver non Hills

M&amp;S

Acocella

Paladino

Unit Description

Extension

Unit Price

Extension

Unit Price

Extension

Unit Price

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pn

810,000.00

$10,000.00

$10,000.00

SI 0,000.00

$2,000.00

82,000.00

$10,000.00

$10,000.00

$13,750.00

$13,750.00

$8,750.0

I.e.

Nec.

Nec,

Unclassified Excavation

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pn

I.D.

Nec,

Nec.

Protection of Site Features

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pn

SI 50.00

$300.00

$110.00

$220.00

$100.00

$200.00

$150.00

$300.00

$150.00

$300.00

$100.C

$25.00

$37,500.00

$24.00

$36,000.00

$28.00

$42,000.00

$27.80

S41,700.00

$30.35

$45,525.00

S32.0

$8.45

$59,150.00

$8.50

SS9,S00.00

$9.25

$64,750.00

$8.80

$61,600.00

$7.75

$54,250.00

$9.5

S8.45

$13,520.00

$9.50

$15,200.00

$10.25

$16,400.00'

$9.40

$15,040.00

$9.00

$14,400.00

$10.2

S15.00

$300.00

SI 8.00

$360.00

$15.00

$300.0J

$25.00

$500.00

$30.00

$600.00

$22.5

$4.00

$3,600.00

$4.00

$3,600.00

$3.90

$3,510.00

$6.00

$5,400.00

$6.00

$5,400.00

$7.5

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pn-

I.E.

1

2.A.

1,500

L.F.

Remove Existing and Install Concrete Curb

2.B.

7,000

S.F.

2.C.

1,600

S.F.

Remove Existing and Install 5 " Concrete Pavement
Remove Existing and Install 7 " Concrete Pavement

lEadi Silt Sack

2.D.

20

L.F,

Furnish and Install Cobble Block Edge

2.E.

900

S.F.

2.F.

Nec,

Nec.

•Asphalt
Driveway1 Repair
C
^
Asphalt Roadwav Repair

2.G.

Nee.

Nec. Sawcutting Pavement

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pn

3.A.

Nec,

Nec.

Fine Grading

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pn

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pmt

Non-Pn-

3.B.

Nec,

Nec.

Adjusting LUility Structures to Grade

Non-Pmt

Non-Pmt

3.C.

5

C.Y.

Test Pits

$10.00

$50.00

$50.00

$250.00

$50.00

$250.00

$10.00

$50.00

$100.00

SSOO.OO

$150.0

3.D.

5

C.Y.

Rock Excavation

$10.00

$50.00

S7S.00

S375.00

$250.00

$1,250.00

$10.00

$50.00

$250.00

81,250.00

$350.0

3.E.

50

L.F.

Roof Leader Connections

$10.00

$500.00

$15.00

S750.00

$10.00

$500.00

$20.00

$1,000.00

$20.00

$1,000.00

$60.0

3.F.

10

C.Y.

Borrowed Fill

$25.00

S250.00

$25.00

$250.00

$20.00

$200.00

$1.00

$10.00

$40.00

$400.00

$50.0

4.A.

1

Each

Furnish and Install New Stop Sign

$400.00

$400.00

$500.00

$500.00

$150.00

$150.00

$250.00

$250.00

S475.00

$475.00

8950.0

Reset ExistingS Signs
2———

$100.00
$150.00

$800.00
$1,200.00

S1S0.00
$150.00

$1,200.00
$1,200.00

$25.00
$100.00

$200.00
$800.00
4iSl5-l6.66

$100.00
$125.00

S800.00
$1,000.00

$200.00
$150.00

$1,600.00
$1,200.00

$45.0
$45.0

4.B.

8

Each

4.C.

8

Each

^

Midl'oial

-

4129,465.66

$137,700.00

SI 40,6SO.OO

�RESOLUTION APPROVING SETTLEMENT OF ACTION BY
CRAS REAL ESTATE, INC. FOR PROPERTY LOCATED AT
36 BEEKMAN AVENUE, SLEEPY HOLLOW, NY 10591
WHEREAS, proceedings were commenced in New York State Supreme
Court, Westchester County to challenge the tax assessment for property
located at 36 Beekman Avenue by owner Cras Real Estate, Inc;
and
WHEREAS, the Village and the property owner have reached a mutually
agreeable resolution for the aforementioned pending proceedings filed
under Index Nos 6579/2005; 7390/2006; 7186/2007; 9408/2008; and
8906/2009; and
WHEREAS, it has been recommended to the Board of Trustees by its
Assessor and Attorney to resolve this litigation;
NOW, THEREFORE, BE IT RESOLVED the Board of Trustees authorizes
the Village Attorney to execute a consent judgment settling this claim in all
respects according to the following schedule:
Tax Year

Original
Assessment

Proposed Assessment
Settlement

2005
2006
2007
2008
2009

$500,000
$500,000
$500,000
$330,000
$330,000

$408,279
$376,433
$314,286
No Change
No Change

Moved:

Trustee Stupel

Seconded:

Trustee Campbell

Vote:

4-0

�RESOLUTION APPROVING SETTLEMENT OF ACTION BY
FRATERNAL ORDER OF EAGLES FOR PROPERTY LOCATED AT
322 NORTH BROADWAY, SLEEPY HOLLOW, NY 10591
WHEREAS, proceedings were commenced in New York State Supreme
Court, Westchester County to challenge the tax assessment for property
located at 322 North Broadway by owner Fraternal Order of Eagles;
and
WHEREAS, the Village and the property owner have reached a mutually
agreeable resolution for the aforementioned pending proceedings filed
under Index Nos 7158/2007; 9392/2008; 8901/09; 11132/10; and
9328/2011; and
WHEREAS, it has been recommended to the Board of Trustees by its
A s s e s s o r and Attorney to resolve this litigation;
NOW, THEREFORE, BE IT RESOLVED the Board of Trustees authorizes
the Village Attorney to execute a consent judgment settling this claim in all
respects according to the following schedule:
Tax Year

Original
Assessment

Proposed Assessment
Settlement

2007
2008
2009
2010
2011

$230,600
$230,600
$230,600
$230,600
$230,600

$149,286
$150,168
$158,744
$140,980
$140,980

Moved:

Trustee Carr

Seconded:

Trustee Campbell

Vote: 4-0

�RESOLUTION APPROVING SETTLEMENT OF ACTION BY
144 CORTLANDT STREET LLC FOR PROPERTY LOCATED AT
144 CORTLANDT STREET, SLEEPY HOLLOW, NY 10591
WHEREAS, proceedings were commenced in New York State Supreme
Court, Westchester County to challenge the tax assessment for property
located at 144 Cortlandt Street by owner 144 Cortlandt Street LLC,
and
WHEREAS, the Village and the property owner have reached a mutually
agreeable resolution for the aforementioned pending proceedings filed
under Index Nos 6602/02; 6740/2003; 6535/04; 6778/05; 7685/06;
7164/2007; 9419/2008; 8914/2009; 8720/2010; and 9426/2011
WHEREAS, it has been recommended to the Board of Trustees by its
Assessor and Attorney to resolve this litigation;
NOW, THEREFORE, BE IT RESOLVED the Board of Trustees authorizes
the Village Attorney to execute a consent judgment settling this claim in all
respects according to the following schedule:
Tax Year

Original
Assessment

Proposed Assessment
Settlement

2002
2003
2004
2005

$230,700
$230,700
$230,700
$230,700
$230,700
$230,700
$230,700
$230,700
$230,700
$230,700

$143,034
$143,034
$143,034
$143,034
$143,034
$143,034
$143,034
$143,034
$143,034
$143,034

2006
2007

2008
2009

2010
2011

Moved: Trustee Campbell

Seconded: Trustee Stupel Vote: 4-0

�RESOLUTION APPROVING SETTLEMENT OF ACTION BY
LIVIA PULSONI. FOR PROPERTY LOCATED AT
80 CHESTNUT STREET, SLEEPY HOLLOW, NY
WHEREAS, proceedings were commenced in New York State Supreme
Court, Westchester County to challenge the tax assessment for property
located at 80 Chestnut Street by owner Livia Pulsoni;
and
WHEREAS, the Village and the property owner have reached a mutually
agreeable resolution for the aforementioned pending proceedings filed
under Index Nos 9387/2008; 8905/2009; 11119/2010; 9322/2011; and
WHEREAS, it has been recommended to the Board of Trustees by its
A s s e s s o r and Attorney to resolve this litigation;
NOW, THEREFORE, B E IT RESOLVED the Board of Trustees authorizes
the Village Attorney to execute a consent judgment settling this claim in all
respects according to the following schedule:
Tax Year

Original
Assessment

Proposed Assessment
Settlement

2008
2009
2010
2011

$147,000
$147,000
$147,000
$147,000

71,100
79,400
78,300
78,300

Moved: Trustee Wompa

Seconded: Trustee Carr

Vote: 4-0

�RESOLUTION APPROVING SETTLEMENT OF ACTION BY
SHIPPY REALTY FOR PROPERTY LOCATED AT
196 CORTLANDT STREET, SLEEPY HOLLOW NY 10591
WHEREAS, proceedings were commenced in New York State Supreme
Court, Westchester County to challenge the tax assessment for property
located at 196 Cortlandt Street by owner Shippy Realty; and
WHEREAS, the Village and the property owner have reached a mutually
agreeable resolution for the aforementioned pending proceedings filed
under Index Nos 5591/03; 6526/04; 6776/05; 7688/06; 7163/2007;
9388/2008; 8911/2009; and
WHEREAS, it has been recommended to the Board of Trustees by its
Assessor and Attorney to resolve this litigation;
NOW, THEREFORE, B E IT RESOLVED the Board of Trustees authorizes
the Village Attorney to execute a consent judgment settling this claim in all
respects according to the following schedule:
Tax Year

Original
Assessment

Proposed Assessment
Settlement

2003
2004
2005
2006
2007
2008
2009

$231,800
$231,800
$231,800
$231,800
$231,800
$231,800
$231,800

$217,866
$207,240
$211,039
$214,036
$204,286
$204,286
$218,321

Moved: Trustee Stupel

Seconded: Trustee Wompa

Vote: 4-0

�Resolution Hiring On Call Seasonal Crossing Guards

WHEREAS, a need for an on call seasonal crossing guards has been indentify and
in order to maintain the safety of pedestrians and to staff the Kingsland Point Park
booth, and
WHEREAS, Joseph DiPalma, Matthew Lee and Emmanuel Anjo have applied for these
position; and
WHEREAS, the Chief of Police has recommended that Joseph DiPalma of Sleepy
Hollow, NY, Matthew Lee of Peekskill, NY and Emmanuel Anjo of Ossining, NY, be
hired on a seasonal basis to fill these positions;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow hereby approves that Joseph DiPalma, Matthew Lee and Emmanuel Anjo
be hired on a seasonal basis to work as on call seasonal crossing guards and to staff the
Kingsland Point Park booth for the Village of Sleepy Hollow at a salary rate of $12.00 per
hour.
Moved: Trustee Carr

Seconded: Trustee Campbell

Absent: Deputy Mayor Capossela and Trustee Schroedel

Vote: 4-0

�Resolution of the Board of Trustees of the Village of Sleepy Hollow
Accepting Resignation and Plea of Police Detective Jose Quinoy in Disciplinary
Proceeding and Authorizing Settlement of Claims
WHEREAS, Jose Quinoy is employed by the Village of Sleepy Hollow Police Department
as a detective; and
WHEREAS, on April 29, 2009, the Village suspended P.D. Quinoy without pay pending
the preferral of disciplinary charges against him; and
WHEREAS, the Village preferred separate sets of disciplinary charges against Quinoy on
or about June 3, 2009, June 10, 2010 and October 13, 2010; and
WHEREAS, P.D. Quinoy filed Answers denying the truth of those charges; and
WHEREAS, on or about November 29, 2010, Quinoy filed a Notice of Claim against the
Village; and
WHEREAS, the Village Board of Trustees sitting as Police Commissioners commenced
the disciplinary hearing against Quinoy on February 8, 2011; and
WHEREAS, the Village and P.D. Quinoy wish to resolve the charges against P.D. Quinoy
and the claims of P.D. Quinoy without the uncertainties, costs and risks of continued litigation
and have engaged in settlement discussions; and
WHEREAS, P.D. Quinoy has agreed to resign his employed by the Village Police
Department effective May 31, 2011, to plead guilty to certain of the preferred disciplinary
charges, and to release the Village and all Village personnel of any claims; and
WHEREAS, the Board of Trustees believes it is in the best interest of the Village to
accept P.D. Quinoy's resignation on the terms set forth;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees reinstates Jose Quinoy to
his position as a detective in the Sleepy Hollow Police Department retroactive to April 29, 2009;
and
FURTHER RESOLVED, that the Board of Trustees accepts Jose Quinoy's resignation
from employment as Police Detective by the Village of Sleepy Hollow effective May 31, 2011;
and
FURTHER RESOLVED, that the reinstatement and resignation of P.D. Quinoy are made
and accepted pursuant to the terms of the Stipulation of Agreement tendered by P.D. Quinoy

�June 14, 2011, to be made as of June 14, 2011, and the
("Stipulation of Agreement"); and

of claims set forth therein

FURTHER RESOLVED, that the Board of Trustees ratifies the terms of the Stipulation of
Agreement and authorizes the Mayor to execute
Moved: Trustee Campbell

Seconded: Trustee Carr

Vote: 5-0

Deputy Mayor Capossela and Trustee Schroedel

Trus^^ of me VHIage of Sl«py Hollow, on the 4riILday
'said Board O f T r
F.I

�Resolution for Horan's Landing to Host Movie Night
WHEREAS, the Friends of Horan's Landing would like to reserve the park for the
purpose of hosting a family night on August 13, 2011 (rain date is August 17, 2011) to
include the showing of a movie,
NOW, THEREFORE, BE IT RESOLVED the Board of Trustees authorizes the Friends of
Horan's Landing to host a family night on August 13, 2011 (rain date is August 17,
2011)
Moved: Trustee Carr

Seconded: Trustee Campbell

Absent: Deputy Mayor Capossela and Trustee Schroedel

Vote: 4-0

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                    <text>Minutes of the Board of Trustees
Village of Sleepy Hollow
The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, June 7,
2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Thomas Capossela
Karin T. Wompa
Evelyn R. Stupel
Bruce R. Campbell
Barbara J. Carr
David L. Schroedel

Trustees

Also Present: Anthony Giaccio, Village Administrator
Janet Gandolfo, Village Attorney
Rich Gross, General Foreman
Sean McCarthy, Village Architect
Greg Camp, Police Chief
Mayor Wray called the work session to order at 9:40 p.m. (Note ^ there was a special session of
the Board of Trustees prior to the Work Session)
FIRE PREVENTION BOARD - The Mayor appointed Kevin Donovan of Continental Street
to the Fire Prevention Board to fill a vacancy.
SEASONAL DPW WORKERS - Rich Gross recommended hiring three seasonal employees
for the summer. Two of the employees are from Sleepy Hollow and one is from Peekskill. The
Board discussed the merits of hiring Sleepy Hollow residents. Discussion ensued.
TREE COMMITTEE APPEAL - The Board reviewed a letter sent by Brant Goldsmith
requesting that the Village Board over-turn a Tree Commission decision related to a tree on his
property located at 3 Hyland Avenue. Mr. Goldsmith provided a copy of an arborist's report
(attached), which stated that the tree was rotting and is in danger of falling on his house.
SPCA AGREEMENT - The Board reviewed a proposed agreement with the SPCA to provide
care and shelter for homeless and stray dogs and cats seized by animal control officers. The cost
to the Village for this service is $3,360.

�KENDAL AVENUE SIDEWALKS - The Board reviewed the Kendal Avenue sidewalk bids.
The low bidder was Paladino Concrete Creations of Mt. Vernon, New York with a total bid of
$127,620.00. The Village is responsible to pay 25% of the cost of this project. Westchester County
provides the additional funding through a Community Development Block Grant.

TAX CERTIORARI'S - Janet Gandolfo provided the Board with a list of tax certioraris and
proposed settlements. If approved, the total cost to the Village will be $75,000. The Treasurer is
recommending the Village borrow this money as opposed to taking it out of the general fund.
Discussion ensued.
CROSSING GUARDS - Chief Camp recommended hiring three on-call seasonal crossing
guards to work at Kingsland Point Park.
JULY 4™ PICNIC AND PARADE REQUEST - The Board reviewed a request made by
Richard Piano, President of the Philipse Manor Improvement Association to hold a of July
picnic and parade on Saturday, July 2"'' at 10:00a.m., 2011. The rain date for this event is July
S""'', 2011.
SPECIAL SESSION
On a motion made by Trustee Schroedel and seconded by Trustee Wompa and carried
unanimously the Board moved to special session.
Motion was made by Trustee Schroedel and seconded by Trustee Stupel to over-turn a decision
made by the Tree Commission denying a tree permit to Brant Goldstein of 3 Hyland Avenue.
The motion passed 6-0.
Motion was made by Trustee Schroedel and seconded by Trustee Carr to approve a request made
by PMIA President Richard Piano to hold a of July parade and picnic on July 2,2011 with a
rain date of July 3'^' . The motion passed 6-0.
On a motion made by Trustee Carr and seconded by Trustee Schroedel and carried unanimously
the Board moved out of special session.
At 10:15 the meeting was adjourned.
Respectfully submitted.

/ilA

Anthony Giaccio, Village Administrator

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                    <text>M E E T I N G DATE: 06/07/2011
RESOLUTION #: 06/66/2011

VILLAGE OF SLEEPY HOLLOW
MAYOR AND BOARD OF TRUSTEES
RESOLUTION GRANTING SPECIAL PERMIT AND APPROVING THE
RIVERFRONT DEVELOPMENT CONCEPT PLAN FOR THE
LIGHTHOUSE LANDING RIVERFRONT DEVELOPMENT

WHEREAS, an application to grant a Special Permit and approve a Riverfront
Development Concept Plan for the construction of a mixed-use riverfront development project
("Project") was made by Roseland/Sleepy Hollow, LLC ( "Roseland") and General Motors
Corporation, ("Old GM") to the Mayor and Board of Trustees (the "Village Board") of the
Village of Sleepy Hollow ("Village"); and
WHEREAS, on or about December 13, 2007 Old GM advised the Village that Roseland
had withdrawn as a co-applicant; and
WHEREAS, Old GM filed for bankruptcy on June 1, 2009 under Chapter 11 of the
United States Bankruptcy Code, and on or about June 15, 2009 Old GM informed the Village of
its intention to assign its interests in the Project to a purchaser in a "363 Transaction" under the
Bankruptcy Code; and
WHEREAS General Motors LLC ("Applicant"), a Delaware limited liability company,
has advised the Village that it is the successor to Old GM to the interests of Old GM in the
Project, the application, and the real estate and agreements with the Village which are the subject
of the application;
WHEREAS, the Project is proposed to be located on the Site of the former General
Motors automotive assembly plant located at 199 Beekman Avenue, Sleepy Hollow, New York,
and which consists of three parcels: 115.10-1-1, 115.11-1-1; and 115.15-1-1, collectively totaling
approximately ±94.5 acres (the "Site"); and

�WHEREAS, the Project to be known as "Lighthouse Landing" consists of (a) 1,177
residential units; (b) approximately 135,000 square feet ( " s f ) of retail space (including a
±25,000 sf market, ±18,000 sf cinema, ±89,000 sf of shops/restaurants principally along
Beekman Place, and a ±5,000 sf restaurant located within a proposed hotel); (c) ±35,000 sf of
office space; and a 140-room hotel; (d) the potential for the addition of 6,000 sf of
retail/restaurant space; (e) approximately 45 acres for public open space, public interest or public
use (e.g., roads, sidewalks and utility access), including an approximately 16.1 acre public
waterfront open space which includes the approximately 13.1 acres of waterfront open space,
expanded buffer area and Village Green and approximately 3 acres for the Central Park Green
(collectively "The Waterfront Open Space") to be conveyed to the Village as permanent public
open space, a portion of which abuts and potentially enhances Kingsland Point Park; (f) all roads
and utilities to be constructed on the West Parcel (excluding the water system upgrades to be
constructed by the Village off the Site); (g) rip rap repairs; (h) Kingsland Point Park Buffer and
an emergency access to Kingsland Point Park; (i) removal of the existing overpass connecting
the East and West Parcels; and (j) the reconstruction and upgrade of the Beekman Avenue bridge
to a minimum HS 25 structural standard; and
WHEREAS, the Village Board acted as Lead Agency for the environmental review of the
Project conducted under the State Environmental Quality Review Act (SEQR) and did determine
in the Environmental Findings Statement adopted July 24, 2007 (the "Findings Statement"), that
the proposed Project, with the mitigation measures identified therein, would minimize or avoid
adverse environmental effects to the maximum extent practicable; and
WHEREAS, in November 2007 Old GM commenced an Article 78 proceeding
challenging certain conditions imposed on it and Roseland in the Findings Statement, which

�proceeding resulted in a January 8, 2010 Court Decision, Order and Judgment sustaining some
conditions and amending or striking others; and
WHEREAS, the Applicant has asked the Village Board to resume processing the
Application on behalf of the Applicant, and the Village Board believes it is in the best interests
of the Village to do so, although the Applicant has advised the Village of its intention to convey
its interests in the Project to an unknown third party ("Developer") and not to develop the Project
itself or in a joint venture or partnership with the Developer; and
WHEREAS, the application including the Riverfront Development Concept Plan (RDCP)
has been amended to conform to the Findings Statement, the January 8, 2010 Decision, Order
and Judgment and as a result of discussions with the Village and GM; and
WHEREAS, the Applicant has submitted an Environmental Assessment Narrative
describing the amendments and changes and their potential impacts on the environment
compared to those described in the Findings Statement and, after a public meeting held on
January 25, 2011, the Village Board has made additional findings (the "2011 Amended
Findings") and a written determination that the implementation of the Project as now described
and proposed will not result in adverse environmental impacts significantly different than those
that were addressed in the Findings Statement; and
WHEREAS, the Village Board held a public hearing on the Special Permit and Concept
Plan application on February 15, 2011 and June 7, 2011, during which all persons interested in
commenting on the Special Permit and Riverfront Development Concept Plan application were
provided an opportunity to be heard; and

�WHEREAS, in support of the Special Permit and Concept Plan Approval Application the
Applicant has submitted the following large-scale plans prepared by Divney Tung Schwalbe
generally entitled:
Title

Scale

Cover Sheet
SP-1.0

As noted

Issue Date
12/3/10

Master Site Plan

1" = 100'

12/3/10

SP-1.1

Site Geometry Plan

1" = 50'

12/3/10

SP-1.2

Site Geometry Plan

1" = 50'

12/3/10

SP-1.3

Site Geometry Plan

1"=50'

12/3/10

SP-1.4

Site Geometry Plan

1" = 50'

12/3/10

SP-2.1

Site Grading &amp; Utility Plan

1" = 50'

12/3/10

SP-2.2

Site Grading &amp; Utility Plan

1"=50'

12/3/10

SP-2.3

Site Grading &amp; Utility Plan

1" = 50'

12/3/10

SP-2.4

Site Grading &amp; Utility Plan

1" = 5 0 '

12/3/10

SP-3.1

Conceptual Landscape Plan

1" = 50'

12/3/10

SP-3.2

Conceptual Landscape Plan

1" = 50'

12/3/10

SP-3.3

Conceptual Landscape Plan

1" = 50'

12/3/10

SP-3.4

Conceptual Landscape Plan

1" = 50'

12/3/10

SP-4.0

Conceptual Erosion &amp; Sediment Control Plan

1 " = 100'

12/3/10

EX-1.0

Existing Conditions Plan

1 " = 100'

12/3/10

In addition to the above, Divney Tung Schwalbe also submitted a further amended Riverfront
Development Concept Plan dated November 29, 2010 (together, the "Concept Plan"). In
support of the Concept Plan, Applicant also submitted a set of preliminary architectural drawings
prepared by the Lessard Group, Inc. essentially illustrating selected buildings of the project
dated May 15, 2007 (the "Lessard Plans").

00a

Title

Scale

Issue Date

Overall Site Plan

1" = 4 0 '

5/15/07

00b

Overall Tabulation

00c

Parking Diagram

r ' = 40'

5/15/07

Ola

Building A

1" = 4 0 '
1/16"= r
1" = 4 0 '
1/16"= r
1" = 4 0 '
1/16" = r

5/15/07

01b

Building A

02a

Building B

02b

Building B

03a

Building C

03b

BuildingC

-

5/15/07

5/15/07
5/15/07
5/15/07
5/15/07
5/15/07

�05a

Buildings F and G

1"

=

5/15/07

40'

05 b

Building F

1 / 1 6 " =

r

5/15/07

05c

Building G

1 / 1 6 " = 1'

5/15/07
5/15/07

06a

Building H

r '

06b

Building H

i/i6"=r

5/15/07

08a

Buildings K &amp; L

1" =

5/15/07

08b

Building K

i/i6"=r

5/15/07

08c

Building L

1/16"= r

5/15/07

=

40'

40'

08d

BuildingsK&amp;L

i/i6"=r

5/15/07

09a

Building M

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WHEREAS, the above referenced plans, as modified, are hereinafter collectively referred
to as the "Riverfront Development Concept Plan"; and
WHEREAS, the record of the Project's approval process is fully described in the Draft
Environmental Impact Statement accepted as complete on January 11, 2005 ("DEIS"), the Final
Environmental Impact Statement accepted as complete on December 19, 2006 ("FEIS"), the
Environmental Assessment Narrative accepted as complete on December 14, 2010, the Findings
Statement, the 2011 Amended Findings, and the application materials referenced above; and
WHEREAS, the Village Board has reviewed the application for Special Permit and
Concept Plan Approval in accordance with Section 62-5.1.N.(2)(a-c) and (3)(a-g) of the Zoning
Code of the Village of Sleepy Hollow; and
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 62.5.l.N (2) (a-c)
and (3)(a-g) of the Zoning Code, the Village Board determines that the Project, as described

�above and modified by the conditions enumerated in this Special Permit and Riverfront
Development Concept Plan Approval, meets the following standards:
1.

Conformance of the Concept Plan with the Requirements of the Riverfront
Development District - §62-5.1.N(2)
a.

The Concept Plan will substantially fulfill all of the purposes of the Riverfront
Development Zoning (RF) District.
a. 1. The overall purpose of the RF District is to promote the policies and purposes of
the Local Waterfront Revitalization Program (the "LWRP"), including positive
development and revitalization of the waterfront area, while ensuring such
revitalization is sensitive to the Village's coastal and community resources. The
proposed Lighthouse Landing Riverfront Development Concept Plan revitalizes a
significant unused portion of the Village's waterfront and replaces an existing
incompatible land use, consisting almost entirely of impervious concrete slab and
asphalt parking lot, with a mixed-use neighborhood including commercial,
residential, recreational, and public uses. This is consistent with the RF District
purposes of providing residential and waterfront commercial uses to serve as a
catalyst for the economic revitalization of the Village core area. The Project is
anticipated to result in an annual net fiscal surplus to the Village, and Tarrytown
Union Free School District. In addition, the improved quality of the Site, and
additional residents, employees and visitors is expected to spur additional
business activity in the Inner Village and encourage revitalization.

a. 2.

The RF District purposes also stress achieving public access to the coastal area,
providing further opportunities for permanent public views and visual access to
the Hudson River, and increasing pedestrian public access to the waterfront, and

�integrating that access with existing and anticipated pedestrian access
opportunities on adjacent lands. The Project incorporates uses that are waterfrontcompatible and achieves full unobstructed public access along its entire ±2,300
linear foot shoreline, where there was none before. The Project's configuration
and extensive public open space (including approximately 16.1 acres of
waterfront parkland and open space) provide for numerous and significant
permanent public views of the Hudson River, and prevent the loss of existing
significant public views of the Hudson River and opposite shore. The open space
components have also been designed to connect with neighboring open space
resources such as Kingsland Point Park, and Horan's Landing and includes
pedestrian and bike paths through the open space that allow for the extension of
the Hudson River Greenway Trail.

a. 3.

In addition, the Applicant has developed, in coordination with Village staff and
design consultants, a comprehensive Design Guidelines document that establishes
design principles for, among others, architectural treatment and scale, materials,
building orientation, streetscapes, and open spaces. The Design Guidelines
responds to the RF District purpose of encouraging a mix of uses on the
waterfront with a consistent set of design standards.

a. 4.

The RF District also includes several purposes related to natural resources,
including protecting sensitive environmental areas, to prevent soil erosion,
sedimentation, and slope failure, and to prevent water and air pollution. To
minimize the erosion and sedimentation from both construction activities and
post-development conditions, a detailed erosion and sediment control plan will be

�prepared during Site Plan review by the Developer. The plan will outline the
structural measures to be provided during all activities, the amount of soil
exposure that can be properly managed, the location of access, storage of
materials and inspection and maintenance requirements. The Project also will
comply with the NYSDEC General Permit for Stormwater Discharges From
Construction Activities. The Project will result in a substantial reduction in the
total amount of impervious coverage and shall include a series of structural
measures, such as sediment traps and hydrodynamic separators, which will
provide sediment and nutrient removal.

a.5.

The Project also incorporates significant landscaping (the Conceptual Landscape
Plan (SP.3.1-SP3.4 noted above) indicates over 3,000 trees and shrubs), which
would replace currently impervious surface area, thereby reducing potential
stormwater runoff

b.

The Concept Plan will be in harmony with the appropriate and orderly development of
the Village's waterfront area
b. 1. The area surrounding the Site is characterized by a mix of retail and commercial
uses, a number of residential areas, Historic Hudson Valley's (HHV) Philipsburg
Manor Restoration, public uses (e.g., DPW garage) and park and open spaces
(e.g., Horan's Landing, Kingsland Point Park). The Project would transform the
Site from an almost entirely concrete slab and asphalt parking lot into a mixed-use
neighborhood including condominium, apartment and townhouse residences,
retail space, office space, a hotel and cinema building. These types of uses are
commonly found in a mixed-use setting, are consistent with the permitted uses in

�the RF district, and are compatible with surrounding development patterns and
land uses.

h. 2.

The Project provides for a total of approximately 45 acres (approximately 47.6%
of the Site area) for open space, public interest, or public use (e.g., roads,
sidewalks and utility access). The open space includes approximately 16.1 acres
on the waterfront that will allow for the construction of the Village's Waterfront
Open Space recreational components. These provide a variety of waterdependent recreational uses within a substantial waterfront park environment.
The inclusion of this substantial open space along the Hudson River and
Kingsland Point Park improves the relationship between the Site and surrounding
public property.

c.

The Concept Plan is consistent with the policies and purposes of the Village's LWRP.
The proposed Project has been reviewed by the Village's WAC for consistency
with the goals and objectives outlined in the Village's LWRP. On January 10, 2007 the
WAC issued a consistency recommendation that the Project was consistent with LWRP
goals and objectives. The Village Board, as required under Chapter 59-A-5.H. of the
Village Code has completed its own consistency determination and has found that the
Project, with modifications set forth therein, meets the specific requirements for
promoting water compatible/water-enhanced uses and is consistent with the goals and
poHcies of the Village's LWRP.

II.

Conformance of the Project with the Conditions and Standards for Issuance of a
Special Permit - §62-5.1.N(3)
a.

The Project will fulfill all of the purposes of the Riverfront Development Zoning (RF)
District.

�The overall purpose of the RF District is to promote the policies and purposes of
the LWRP, including positive development and revitalization of the waterfront area,
while ensuring such revitalization is sensitive to the Village's coastal and community
resources. For the reasons stated above, the Project fulfills this purpose. The Village
Board, after due consideration of the record, including the WAC's consistency
recommendation, also finds the Project to be consistent with the goals and objectives of
the Village's LWRP.
b.

The Project meets the riverfront development design standards set forth in Section 625. IV, to the extent applicable at the Special Permit stage.
Riverfront Development Design Standards - 62-5.1(V)

1.

Comprehensive design (a-d)
The mix of residential and commercial uses complement each other by
providing a built-in market for the new businesses, and the services provided by
these businesses will help to meet the needs of the new residents for goods and
services, without necessarily requiring them to leave the Site or take a private
automobile. As described above, the improvement of the Site, and the new
residents, employees and visitors are expected to serve as a catalyst for the
economic revitalization of the Village's core area. Suitable provision for
ingress/egress, circulation and utility service have been provided. The Design
Guidelines included in the Project FEIS will be used as a standard of design for the
creation of a distinct waterfront district in the spirit of an "old Hudson River
community," as defined in the Village's LWRP and RF district regulations. The
Project substantially increases access to the Hudson River waterfront, providing
public access along the complete length of the Project's shoreline, and connecting

�with adjacent public open spaces. The Project also expands the opportunities for
public views of the Hudson River.

2.

Relationship to uses on surrounding public property
The Riverfront Open Space and the buffer area adjacent to Kingsland
Point Park will serve as the central portion of a "green crescent" concept of
publicly accessible open space linking Kingsland Point Park, DeVries Park, the
Village's Headless Horseman Trail, Horan's Landing, HHV's Philipsburg Manor
Restoration, Sleepy Hollow Cemetery, Douglas Park and the Rockefeller State Park
Preserve. The Project open space will also accommodate continuation of the
Westchester County Riverwalk as it connects to the existing portion along
Ichabod's Landing site and eventually through to Kingsland Point Park. The uses
and site plan configuration proposed near the Project's entrances are compatible
with surrounding development, and the Project will also involve the donation of
approximately 20 acres on the East Parcel (not including approximately 8 acres
identified to be for the benefit of Historic Hudson Valley for the enhancement of
the Philipsburg Manor Upper Mill Historic Site) and 17± acres on the West and
South Parcels to the Village for public use, including the recreational facilities,
parking and space to support the provision of enhanced public services and uses.

3.

Relationship to the Hudson River
The layout of the streets, buildings, and open spaces functions to
maximize physical and visual access to the Hudson River for both residents and
non-residents. The opportunities for direct physical access to the water include

�fishing from the pier at the end of Beekman Avenue, boat access at the "dock and
dine" pier, and small craft launching from the floating pier and expanded
waterfront access area in the cove near Kingsland Point Park. The Project also
includes a stormwater management system and will result in a substantial reduction
in impervious surfaces as compared to the existing remnants of the former
industrial use, which is anticipated to improve the quality of water being discharged
to the Hudson River. The Project design therefore appropriately appreciates and
addresses the Site's important relationship to the Hudson River.

4.

Provision of view corridors and protecting views to the Hudson River
The Project's street system has been laid out so that all primary streets and
the riverfront roadways lead to the Hudson River, so as to utilize the River as an
organizing focus for the community and to provide view corridors that maximize
views of the water. Several of the streets also flare towards their ends, providing
for wider public view corridors to the Hudson River. The Project design also
includes continuous open space along the Project's entire shoreline, providing
significant new view opportunities at the River's edge. This perimeter open space
requires that new buildings be located further away from the River's edge,
minimizing perception of building scale on views towards the Village from the
water. The DEIS, FEIS and Environmental Assessment Narrative provided
graphics depicting expected visual conditions from multiple vantage points
throughout the Village, including viewsheds identified by the Village's LWRP, and
indicated that the significant existing public views of the River and the far shore
will not be blocked.

�5.

Architectural design standards (a-h)
The Applicant, Village staff and design consultants have prepared a
comprehensive Design Guidelines document that establishes design principles for,
among others, architectural treatment and scale, materials, building orientation,
streetscapes, and open spaces. The Design Guidelines will integrate cohesive
design, maintain an appropriate Hudson River waterfront community image, and
provide visual interest consistent with the framework found acceptable by the
Village Board. A set of preliminary architectural drawings for certain of the
proposed West Parcel buildings, prepared by the Lessard Architectural Group and
dated May 15, 2007 (Lessard Plans), are intended to illustrate the concepts
expressed in the Design Guidelines. The Village Board and Village staff and
consultants have preliminarily reviewed these drawings and the Village Board finds
that they advance the Village Board's design objectives, are generally consistent
with the Design Guidelines, and will serve as the basis for the architectural design
of the Project during the Site plan approval process. The Village Board accepts the
Design Guidelines as a policy document to guide the Village in matters of Site Plan
and architectural design.

6.

Landscaping, screening and buffering (a-c)

6. a.

The Developer will be required to commit to retaining a duly qualified
landscape architect to assist in the more detailed design of the street tree
planting and landscaping of the Project.

�6.b.

The Project will incorporate appropriate street tree planting and landscaping
along street right-of-ways, within pocket parks and in building courtyards, as
part of the Comprehensive Landscape Plan to be included as part of the Site
Plan Application.

7.

Lighting
The Project includes the potential for utilizing the decorative style
streetlight fixtures installed on Beekman Avenue or similar decorative style
lighting along the new roadways in order to encourage pedestrian use and provide
an attractive and compatible appearance.

8.

Signage
Signage for the Project will be designed to complement the character of the
architecture and will be prepared for Planning Board review and approval as part
of the site plan review process. All signage shall be in accordance with a
comprehensive signage plan and sized and scaled appropriately for its purpose.

9.

Vehicular circulation system and traffic access

9. a.

In order to be capable of handling the delivery of construction materials to
the site, the Beekman Avenue Bridge needs to be upgraded to a minimum
HS25 standard. To reduce commuter use of automobiles, the Developer will
provide a jitney/shuttle service during Metro-North peak hours that will run
through the Site and transport commuters to the nearby Tarrytown MetroNorth station.

�9.b.

As described in the Design Guidelines, most of the Project's streets will have
parking on both sides of the roadway and traffic lanes widths of 11-12 feet.
This approach is consistent with traditional neighborhood design techniques
designed to provide for traffic calming and a more pedestrian friendly
streetscape.

10. Public access (a-c)
The Project provides pedestrian access along the entire length of its Hudson
River shoreline. This open space has also been designed with connections to
surrounding open spaces such as Kingsland Point Park, and Horan's Landing,
facilitating a continuous riverfront pedestrian path system. The waterfront open
space far exceeds the minimum width standards of the RF-district.

Access into

the Park shall be provided across the buffer from the Project to the Park, ahhough
there shall be no provision for traffic through Kingsland Point Park, other than for
emergency, park maintenance and pedestrian access.

11. Off-street parking and loading (a-g)
The Project includes a number of parking and loading facilities that have
generally been designed in coordination with the proposed uses, street system, and
open space network. The spaces are proposed in off-street lots, garages, belowgrade structures and on-street locations. The bulk of the parking spaces are
provided in below-grade structures, garages or in lots that are effectively screened
by buildings. The remaining open lots will receive suitable landscaping to screen
and minimize visual impact of the parking areas. Overall, the Project provides

�approximately 3,150 spaces on the west and South Parcels directly associated with
its residential and commercial uses. The parking is distributed appropriately and in
coordination with the street system. As documented in the Findings Statement, and
the 2011 Amended Findings given that the Site has a transit and pedestrian
orientation, and in consideration of the alternative parking methods incorporated
into the project, including shared parking, parking incorporated within buildings,
and valet parking, the Project will provide adequate parking. As authorized in §625.1(V)(12)(g)(2), the Village Board finds that the alternative parking methods are
acceptable and that in accordance with the provisions of 62-5.1(R) the off-street
parking requirements of the Zoning Ordinance have been satisfied.

12. On-site utilities and services (1-6)
All new utilities within the Project will be located underground. As
described during the environmental review, the Project will be served by public
water and sewer systems, which will have, following the Village's completion of
planned water systems improvements, adequate capacity to serve the new uses.
The Project also incorporates a stormwater management system that will provide
water quality treatment of surface runoff from buildings and pavement areas prior
to discharge to the Hudson River.
c.

The proposed riverfront development or special-use project will he in harmony with the
appropriate and orderly development of the Village's waterfront area.
c. 1.

The Project is the second Riverfront Development project to be constructed along
Sleepy Hollow's waterfront and the centerpiece of the RF-Riverfront _
Development District. The area surrounding the Site is characterized by a mix of
retail and commercial uses, a number of residential areas, historic properties.

�public uses (e.g., DPW garage) and park and open spaces (e.g., Horan's Landing,
Kingsland Point Park). The Project would transform the Site from an almost
entirely concrete slab and asphalt parking lot into a mixed-use neighborhood
including condominium, apartment and townhouse residences, retail space, office
space, a hotel and cinema building. These types of uses proposed are commonly
found in a mixed-use setting, are consistent with the permitted uses in the RF
district, and are compatible with surrounding development patterns and land uses.

C.2. The Project also provides for a total of approximately 45 acres (approximately
47.6% of the Site area) for open space, public interest, or public use, including the
approximately 16.1 acre Waterfront Open Space which will allow for the
installation of the Village's Waterfront Use Master Plan recreational components.
These provide a variety of water-dependent recreational uses within a substantial
waterfront park environment. The inclusion of this substantial open space along
the Hudson River and Kingsland Point Park improves the relationship between
the Site and surrounding public property.

d.

The proposed riverfront development or special use project will not hinder or
discourage the appropriate development and use of adjacent lands.
As noted above, the Project will transform an almost entirely concrete slab and
asphalt parking lot into an active mixed-use community. The existing condition of the
Site discourages development and investment in adjacent lands; the redevelopment of
the Site is expected to create a more favorable environment for surrounding properties.
The Project also includes a substantial buffer between Kingsland Point Park and the

�nearest development, protecting and expanding the recreational usage of that public
resource.
e.

The proposed land uses of the project will be in accordance with the approved
riverfront development concept plan.
The current Riverfront Development Concept Plan which was the subject of the
2011 Amended Findings has been prepared taking into account the requirements set
forth in the Village's Zoning Code, LWRP and other applicable Village, and County,
and State regulations. All proposed land uses are compliant with the RF-District's use
regulations.

/

The proposed riverfront development or special use project is consistent with the
policies and purposes of the Village's LWRP.
The Project has been reviewed by the Village's WAC for consistency with the
goals and objectives outlined in the Village's LWRP. The WAC issued a consistency
recommendation that the proposed Project was consistent with LWRP goals and
objectives. The Village Board, as required under Chapter 59-A-5.H. of the Village
Code has completed its own consistency determination and found that the proposed
Project, with modifications set forth herein, meets the specific requirements for
promoting water compatible/water-enhanced uses and is consistent with the goals and
policies of the LWRP.

g.

The proposed project is otherwise in the public interest.
The Project replaces a currently incompatible and under-used land use and
provides for meaningful permanent public access to the Hudson River where none
existed previously since the 19th century. The Project also designates approximately
47.6% of the Site for open space or other public uses. The Project is also anticipated to
provide an annual net fiscal surplus to the Village and to the Tarrytown Union Free

�School District. All of these items have significant value to the Village and help
advance the public interest.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and Board of
Trustees hereby approves the issuance of a Special Permit to the Applicant, and this Resolution
shall be such Special Permit, and grants Riverfront Development Concept Plan Approval to the
Applicant to construct the Project conditioned upon the full compliance with the following:

1.

This Special Permit is issued and the Riverfront Development Concept Plan Approval is
granted to the Applicant on the conditions set forth in this Resolution. The Permit may
only be assigned to a Developer who provides to the Village in form and substance
reasonably satisfactory to the Village Attorney a statement that it will (a) assume and be
subject to the obligations of the Applicant as described in the application, the FEIS, the
Findings Statement as amended, and this Resolution and (b) that neither the Developer nor
any of its controlling shareholders or parties (or, if a subsidiary or affiliate of another
entity, the controlling shareholders or partners of such entity) or principal officers and
employers have within the past 10 years been convicted of a felony, or debarred from
contracting with the United States, any state, or any municipal subdivisions or agency of
any state.
The Applicant shall use its commercially reasonable efforts to expeditiously select a
Developer. Within 30 days following the date of the adoption of this Resolution, the
Applicant shall issue a Request for Proposals ("RFP") the terms of which shall be at
Applicant's sole discretion, but which shall include the applicable terms of this Resolution,
to a list of potential Developers whom the Applicant deems to be qualified, who will have

�60 days to respond. Applicant will attempt to choose a Successor Developer within 60
days after the last timely response is received and attempt to close title within 120 days
after the choice has been made. GM will be considered the applicant for the approvals
until it has conveyed the property to a Successor Developer, at which time the Successor
Developer will assume all of the obligations of the Applicant. In the event closing of title
is deferred for any reason, but the Developer is given possession of the Project Site in
advance of title closing, the Project Site shall be deemed to have been restored to fully
taxable status. If the Project Site is restored to fully taxable status after the commencement
of a tax year, then the taxes for that year should be pro-rated so that full tax shall not relate
back, but shall only be adjusted for the future (the remainder of the particular tax year).
Applicant will consult with the Village on the choice of the Developer, but such choice
will be solely within the discretion of Applicant who has the right not to select any of the
proposals should it determine that none of the proposals are acceptable to it.

2.

These conditions will apply to whichever of the Applicant or Developer is carrying forth
the Project from time to time, and the term "Developer" in the succeeding conditions shall
mean the entity carrying forth the Project at the time the condition is applicable.

3.

The Project shall be constructed as described and detailed in the Riverfront Development
Concept Plan, by the Findings Statement, 2011 Amended Findings Statement and this
Resolution.

4.

The residential portion of the Project shall be designed and planned to provide that 70% of
the dwelling units will be offered for sale as condominium units or townhouses and 30%
for lease; provided, however, that up to 40% of such units may be rented if the market

�conditions existing when units are completed make sale of such units not reasonably
profitable.

5.

The Developer shall diligently pursue all required local, state and federal permits/
approvals and the performance of all necessary design work to allow for the reconstruction
and upgrade of the Beekman Avenue Bridge to a minimum HS25 standard and the removal
of the existing connector between the East and West Parcels. In this regard,

A.

No building permit for any Project building (other than buildings that will be used
for sales models that may be constructed on the South Parcel) will be issued prior to
improvement of the Beekman Avenue Bridge to an HS 25 standard to accomplish the
objectives set forth in Paragraph F below and removal of the existing connector. No
temporary or permanent certificate of occupancy for any Project building will be
issued prior to completion of the reconstruction and repair work on the Beekman
Avenue Bridge and removal of the existing connector.

B.

Prior to the Beekman Avenue Bridge reconstruction being commenced the
Developer shall commence working with a Village established design working group
described above on the surface streetscape design for the bridge.

C.

The Developer shall submit designs for the Beekman Avenue Bridge surface
streetscape and other above-grade components to the Village Board for review and
approval.

�D.

Permit applications shall be submitted to the other relevant permitting agencies for
reconstruction of the Beekman Avenue Bridge in accordance with acceptable
engineering standards.

E.

If the permit approvals from these other agencies result in substantive changes to the
surface streetscape design, the Developer will be required to return to the Village
Board for their review and approval.

F.

During the construction of the Beekman Avenue Bridge, the Developer will use its
commercially reasonable efforts to make continuous pedestrian and vehicular access
provided at all times, including but not limited to the replacement of the bridge in
sections. The Developer will be required to provide emergency access over the
Beekman Avenue Bridge throughout the repair and reconstruction process.

6.

To address East Parcel access issues and the unsatisfactory condition of the viaduct from
Beekman Avenue to the East Parcel, the Village may provide for either reconstruction and
upgrade of the viaduct to a minimum HI 5 standard or demolition of the viaduct ("Viaduct
Work"). The Developer shall cooperate with the Village to allow the Viaduct Work to be
performed concurrently with the reconstruction of the Beekman Avenue Bridge and to
permit the Village to avail itself at no cost to it of flagman and other rail and traffic control
mechanisms employed by the Developer during such reconstruction; provided, however, if
the Village is not ready to use such flagman and other rail and traffic control mechanisms
employed by the Developer at the time of such reconstruction, then the Developer's
obligation to allow such use shall cease, and the lack of readiness shall not affect the
Developer's schedule.

�7.

In order to provide for the Project's water supply needs, the Developer shall make a
contribution of $650,000 to the Village to be used for design and construction of water
system upgrades with such payment to be made on the earlier of 120 days after the closing
of title to the Successor Developer, or 120 days after the Project Site shall have been
deemed to have been restored to fully taxable status under Paragraph 1 of this Resolution,
or 30 days after the approval by the Village Planning Board of preliminary subdivision
approval and site plan approval for the first phase of the Project ("Approvals"). The funds
will be deposited in escrow and not released until the occurrence of the following:

a.

The plans for the water system have been approved by all appropriate governmental
agencies with respect to capacity to serve the Project and consistency with the
Approvals;

h.

A contractor has been selected to construct the improvements and has entered into a
construction contract; and

c.

The Village has actually issued bonds and/or bond anticipation notes for the purpose
of financing all or part of the improvements.

If the $650,000 has not been paid on or before the expiration of one year after the Village
has granted the Approvals ("Trigger Date"), then such amount shall be adjusted to
account for changes in the cost of living as follows: Starting on the Trigger Date, the
$650,000 shall be increased by the percentage increase from the Trigger Date to the date
of payment in the Consumer Price Index - All Urban Consumers (New York - Northern
New Jersey - Long Island) of the Bureau of Labor Statistics.

�8.

To fund infrastructure, mitigation measures and amenities identified in the FEIS or the
Findings Statement as amended or determined by the Village reasonably to be needed to
alleviate impacts related to the Project, in lieu of any requirement that the Developer
design and construct infrastructure, mitigation measures and amenities beyond those
expressly stated in the 2011 Amended Findings to be the responsibility of the Developer,
the Developer shall pay $11.5 million ("Developer's Maximum Contribution" or "DMC")
to the Village as follows:

a.

15% within 30 days after any Permittee receives both preliminary subdivision
approval and site plan approval for the first section of the Project to be developed;

b.

40% within 30 days after any Permittee receives Certificates of Occupancy for the first
587 residential units or the first 65,000 square feet of non-residential space;

c.

35% within 30 days after any Permittee receives Certificates of Occupancy for the
next 350 residential units or the next 30,000 square feet of non-residential space; and

d.

10% within 30 days after any Permittee receives Certificates of Occupancy for any
residential units or non-residential space in addition to those with respect to which the
prior two DMC payments were made.

Such payments are specifically intended to be utilized by the Village, among other infrastructure,
mitigation measures and amenities, to complete the repair or demolition of the East Parcel
viaduct, the construction of the DPW and fire/ambulance facilities, and the provision of a lowprofile fire-fighting vehicle (or other acceptable fire-fighting measure for the proposed belowgrade parking levels) and shall not be used to pay for any ordinary operating expenses of the
Village or the salaries and benefits of the Village employees or to reduce real property taxes

�The required amenities/mitigation measures intended to be funded by the DMC will be available
as necessary to service the Project, but the repair or demolition of the East Parcel viaduct, the
construction of the DPW and fire/ambulance facilities, and the provision of a low-profile firefighting vehicle (or other acceptable fire-fighting measure for the proposed below-grade parking
levels) must all be completed prior to the release of the final payment. The Village may, at its
discretion, fund these actions in whole or in part from other sources. Such payments shall also
be made in lieu of the Developer designing, constructing, or providing the following
improvements:
a.

All East Parcel improvements, including, but not limited to.
the extension of Continental Street,
the 150-car parking lot,
any and all Recreational facilities,
the DPW facility,
the viaduct repair or demolition,
the methane mitigation involving asphalt scarification,
the New York State Department of Environmental Conservation
("NYSDEC") approved cap.
Repairs to lighthouse.
Flooding study.
Inter-municipal transit study or funding for an inter-municipal traffic
district.
Security camera system.
Downtown Revitalization Corporation contribution,
Pocantico River/estuary watershed study,
Rte. 9 / New Broadway traffic study,
Traffic Signal upgrades, including any at Beekman and Pocantico
intersection,
Firehouse/ambulance facility,
Purchase of a low-profile fire-fighting vehicle,
Arborist for Village
i.
ii.
V.
V.
vi.
vii.

b.
c.
d.
e.
f
gh.

Jk.

9.

To provide open space, public waterfront access, recreational facilities, areas to the Village
to use to provide public services in view of the additional demand on the same to be
generated by the Project, the Developer shall convey, without any cost to the Village

�approximately 45 acres of the Project site as depicted on Figure No.2 Public Open Space
and Public Use Diagram submitted as part of the Environmental Assessment Narrative as
follows:

a.

The Developer shall at no cost to the Village, design and construct, substantially in
accordance with the drawings and specifications set forth on Conceptual Landscape
Plan SP-3.1 through SP-3.3, the Waterfront Open Space and associated waterfront
improvements (including, without limitation, rip rap repair substantially in accordance
with the description in the Responses to DEIS Comments on p. FEIS II. B-117 of the
FEIS), the West Parcel Central Park, the West Parcel Village Green consistent with
the Balsley concept plan relative to the topographic relationship between the Village
Green and Ichabod's Landing, the Expanded Buffer Area, and a new emergency and
pedestrian access to serve Kingsland Point Park. The Developer shall provide design
and construction plans described above with the Village and consult on a timely basis
to the Village with respect to the same to the end that upon the completion of
construction, such lands and improvements thereon shall be conveyed to and accepted
by the Village at no cost to it, and the Village shall take the dedication of such
property for public recreation purposes in lieu of the payment with respect to the
Project of any recreation fee under Section 19B-5 of the Sleepy Hollow Code .

The Village Green and Block H Waterfront

Upon the installation of adjacent Roadway A, the Village Green and waterfront open
space up to the first belvedere (the Block H Waterfront) will be improved with the
hardscape elements installed and the areas to be landscaped temporarily sodded or

�otherwise stabilized. No temporary or permanent Certificate of Occupancy will be
issued for Building H until completion of the landside landscape treatments for the
Village Green and Block H Waterfront area, exclusive of in-water improvements.
Permitting for the in-water improvements for the Block H Waterfront, including but
not limited to the pier, rip rap repair and belvedere, shall be diligently pursued by the
developer concurrent with site plan application to the Village associated with Building
H.

Block M Waterfront

No temporary or permanent certificate of occupancy for Building M shall be issued
until completion of the waterfront open space area between the first and second
belvedere (the Block M Waterfront). Permitting for the in-water improvements for the
Block M Waterfront, including, but not limited to, the rip rap repair, and belvedere,
shall be diligently pursued by the developer concurrent with site plan application with
the Village for Building M.

Block R Waterfront

In the event that the building identified as Building R on the RDCP gets built
sequentially after Building M, then no temporary or permanent certificate of
occupancy shall be issued until the waterfront open space adjacent to Building R (the
Block R Waterfront) is completed. In the event that Building R is not built and the
Building M and Block Q Waterfronts have been completed, an interim pedestrian
access with a minimum of 20 feet of width shall be provided across the Future Block
R Waterfront to connect the two completed Waterfront areas. At the time a building

�permit is issued for Building R, the interim pedestrian access may be rerouted along
the street sidewalks fronting on Block R to facilitate construction of Building R and
the Block R Waterfront.

No temporary or permanent certificate of occupancy for

Building R shall be issued until the Block R Waterfront is finished. Permitting for the
in-water improvements for the Block R Waterfront, including but not limited to the rip
rap repair, bulkhead and dock and dine dock, shall be diligently pursued by the
developer concurrent with site plan application to the Village associated with Block R.
Block Q Waterfront
No temporary or permanent certificate of occupancy shall be issued for any building in
Block Q until completion of the waterfront open space area adjacent to said block
between the terminus of Beekman Place and beginning of the Expanded Buffer Area
adjacent to Kingsland Point Park is completed (the Block Q Waterfront) including the
proposed boathouse/interpretive center. Permitting for the in-water improvements for
the Block Q Waterfront, including but not limited to the rip rap repair, boat launch and
dock and walk-in boat access shall be diligently pursued by the developer concurrent
with site plan application to the Village associated with Block Q.

The Expanded Buffer Area

No temporary or permanent certificate of occupancy for any unit in Block P or O
facing the Expanded Buffer area shall be issued until said Expanded Buffer Area
adjacent to said Blocks is completed.

�Central Park
Any unit requiring a temporary or permanent certificate of occupancy from Buildings
F, El or E2 shall require the adjacent Central Park Block to be completed.
No temporary or permanent certificate of occupancy will be issued for any unit facing
the Central Park from Block J will be issued until the adjacent Central Park block is
completed.
No temporary or permanent certificate of occupancy will be issued for any unit facing
the Central Park from Block P will be issued until the adjacent Central Park block is
completed.

The Village shall cooperate with the Applicant and the Developer regarding
implementation of any off-site remediation or related monitoring required by
NYSDEC including the granting of temporary access across any open space areas that
may be controlled by the Village in the future.

h.

Without payment or other consideration to the Applicant or the Developer, portions of
the Site as identified to be conveyed on Environmental Assessment Narrative Figure 2,
Public Open Space and Public Use Diagram shall be conveyed to the Village or its
designee as follows: (/) within 90 days after the later of (x) issuance by the New York
State Department of Environmental Conservation ("DEC") of a Certificate of
Completion (or equivalent document acknowledging that remedial action is complete,
final remedy has been constructed, or no further remedial action is required) to the
Applicant for the remediation of the West Parcel (y) the completion of the parks and
improvements described in Condition 9.a of this Resolution and (z) the obtainment of

�all subdivision approvals needed to make such conveyance, the Developer shall
convey the areas noted as "To Be Dedicated to the Village of Sleepy Hollow for
Public Use" on the Concept Plan (along with the easement shown on the Concept Plan
for unlimited access from the traffic circle at the west end of Road One to the MetroNorth railroad tracks) to the Village or its designee; (ii) within 90 days after the later
of the issuance by DEC of a Certificate of Completion (or equivalent document
acknowledging that remedial action is complete, final remedy has been constructed, or
no further remedial action is required) to the Applicant for the remediation of the
South Parcel, and the obtainment of all subdivision approvals needed to make such
conveyance, the Developer shall convey the identified portions of such parcel to the
Village or its designee; and (///) within 90 days after the later of the issuance by DEC
of a Certificate of Completion (or equivalent document acknowledging that remedial
action is complete, final remedy has been constructed, or no further remedial action is
required) to the Applicant for the remediation of the East Parcel exclusive of methane
mitigation and placement of the final cap^and the obtainment of all subdivision
approvals needed to make such conveyance, the Developer shall, to the extent each
transferee agrees to accept it, convey approximately eight acres of the East Parcel for
the benefit of Historic Hudson Valley for enhancement of the Philipsburg Manor
Upper Mills historic site and the balance of the East Parcel to the Village or its
designee.

Nothing in this Resolution is intended to control or limit the terms and

conditions of any such transfer to Historic Hudson Valley.

10.

To protect the public from exposure to hazardous substances or petroleum products
(collectively, "Contaminants") on the Project Site, the Developer shall comply with the

�remedial requirements of Federal and State law and DEC applicable to releases of
Contaminants and to respond within a reasonable period of time to reasonable inquiries
from the Village about site conditions and such compliance. At the completion of each
principal phase of remediation and construction, the Developer will have the Site surveyed
to identify the location of remedial and related development components, including the
boundaries of all remedial excavations, demarcation barrier, the cap, and the location of
utility trenches. The survey will provide GPS coordinates for incorporation into a final site
plan.

11.

The Project site shall be the subject of an environmental easement granted by the
Developer to the DEC under Title 36 of Article 71 of the Environmental Conservation
Law. If such easement does not also run to the benefit of the Village, then the Developer
shall grant a like easement to the Village in form and substance acceptable to the Village
Attorney. Such easement or easements shall be filed with the Land Records Division of
the Westchester County Clerk's Office and will be binding upon all future owners of the
portions of the Project site covered by the easement.

12.

The Developer shall provide insurance to the Village to cover it for third party claims for
injuries or damages arising from residual Contaminants on the Project site and (to the
extent commercially available) for the costs of additional remediation required by either
NYSDEC or the United States Environmental Protection Agency. Such insurance shall be
written by carriers with an A.M. Best's rating of B+ or better, with a deductible or selfinsured retention no greater than $1,000,000, an aggregate limit of not less than
$10,000,000, and a policy term of at least 10 years (except the term for Coverages B and E
may be limited to five years). The form of such insurance shall be for Coverages A, B, C,

�D, E, F, G,. H, and I as defined in AIG's standard Pollution Legal Liability Insurance
Policy (or equivalent policy if the insurer is not AIG), plus coverage, if commercially
available, for regulatory reopeners.

13.

In accordance with the milestones set forth in Paragraph 4 of the Agreement made August
29, 2002 between Old GM and the Village, the Developer shall submit a Phase 1 site plan
and subdivision application to the Village Planning Board and shall diligently process such
applications. The subdivision application shall include, at a minimum, separate parcels for
The Waterfront Open Space, the portion of the East Parcel intended to be for the benefit of
Historic Hudson Valley for enhancement of the Philipsburg Manor Upper Mills historic
site, the portion of the East Parcel intended to be for public uses by the Village, the portion
of the South Parcel intended to be for public uses by the Village, and that portion of the
West Parcel associated with the first phase of development.

14.

Prior to the issuance of any building permits:

a.

A performance bond shall be submitted by the Developer in a sum determined by
the Village's Consulting Engineer and Building Inspector and shall be furnished to
and accepted by the Village, to guarantee the satisfactory and complete installation of
all Phase 1 Site Development public infrastructure and public improvements including
public open space, as determined appropriate by the Village's Consulting Engineer
and Building Inspector in consultation with the Developer, including, but not limited
to sewage, water, drainage, roads, sediment and erosion control measures, and
approved as to form to the satisfaction of the Village Attorney. A separate bond shall
also be furnished in a sum determined by the Building Inspector, Village's Consulting

�Engineer and Administrator in consultation with the Developer to guarantee repair of
any damage to Beekman Avenue or other Village roads caused by Project construction
traffic activity in an amount equal to the reasonably anticipated cost of repair. Bonds
for all public improvements associated with further phases of Site Development shall
be determined as set forth above. Notwithstanding the foregoing, the Developer will
not be required to post bonds for public improvements beyond the extent that the same
may have been required by the provisions of the Village Code in existence as of
January 1, 2010.

15.

Construction activities on the Project Site shall be conducted in conformance with the
Village of Sleepy Hollow Noise Ordinance. With respect to construction related activities
associated with pile driving, slab removal, blasting activities and slab crushing, those
activities shall not be permitted on Saturdays within 500 feet of a residence currently
existing at the time of issuance of this Special Permit. The Developer, for good cause, may
petition the Village Board for relief from this requirement and the Village Noise Ordinance
relative to construction related activities described above.

16.

In order to provide for efficient mass transit utilization and minimization of potential
traffic generation, the Developer shall provide a shuttle service from the Project to the
Tarrytown train station. The Developer shall provide, at its cost, three 20-25 seat shuttle
buses at full build-out. A deed restriction or other similar instrument assuring the
operation of the shuttle service as long as deemed necessary by the Village Board, or until
such time as a new train station may be constructed on-site shall be provided by the
Developer. The shuttle service may be implemented incrementally as the Project is
constructed. However, the operation of a minimum of one shuttle bus must commence

�before, or upon the issuance of, the certificate of occupancy for the 100th dwelling unit.
The shuttle service will be required to operate during the Metro-North peak AM and PM
weekday service hours and shall continue until such time as there may be a new rail station
at Lighthouse Landing. The shuttle shall be made available to all Project residents and
employees at no fare to these riders.

17.

The Developer shall provide a detailed landscape maintenance plan to the Village Board
and post appropriate landscape maintenance bonds to remain in effect for two years to
ensure that landscape plantings on the Project Site, including the waterfront park and open
space, are established and maintained in a healthy and vigorous growing condition. The
bonds shall be in a reasonable amount equal to a portion of the cost of the landscaping as
determined by the Village Building Inspector and Village Administrator, in consultation
with the Developer, and in a form satisfactory to the Village Attorney.

18.

The Developer shall obtain certification of the Project under the United States Green
Building Council's Leadership in Energy and Environmental Design (LEED) for
Neighborhood Development (LEED-ND) program. Further the Village Board shall
require that the larger buildings (above 90,000 square feet) be designed in such a way that,
in the professional opinion of the Applicant's LEED Accredited Professional, the building
could qualify for LEED Certification using the LEED for New Construction rating system.
Version 2.2, as defined by the US Green Building Council, or as may be amended from
time to time, or superseded with more state of the art specifications.

The Developer shall

be encouraged to achieve LEED Silver level certifiability, but in no case less than Certified
Level. Similar qualification of the townhomes for the Energy Star Qualified Attached
Homes National Builder Option Package (Energy Star) shall be submitted by the

�Developer during the applicable phase of Site Plan review. When an application for a
building permit has been filed for a particular building, the Developer shall be required to
utilize the then current standard as set forth in the US Green Buildings Council for LEED
New Construction Certification Level and the Energy Star program as appropriate.

19.

If requested by the Village, the Developer shall work cooperatively and in a timely manner
with the Village to apply to Westchester County and such other funding agencies as may
have funds available for the purpose of implementing the Village's Waterfront/Open Space
Master Plan, including those proposed at the Project.

20.

The Developer shall provide at least 40 affordable senior rental units and 21 workforce
affordable housing rental units, both in conformance with Westchester County
affordability guidelines, (a maximum household income of 80 percent of the County
median income). The administration of the affordable housing units will be determined by
the Village Board.

21.

In connection with roadway infrastructure improvements within the Village of Sleepy
Hollow identified in the Findings Statement, the Developer shall either replace or pay
$20,000 for each on-street parking space removed up to a maximum of $320,000. These
funds shall be paid to the Village prior to the issuance of the certificate of occupancy for
the 300,000th square foot of new development. Other roadway infrastructure
improvements within the Village of Sleepy Hollow shall be completed by the Developer
prior to the issuance of the certificate of occupancy covering the 300,OOO"' square foot of
new development.

�22. The Developer shall contribute its fair share for traffic calming measures in the Miller Park
area in the neighboring Village of Tarrytown. In addition, the Developer shall contribute
towards its fair share of an emergency signal preemptive system.

The New York State

Department of Transportation could consider an emergency signal pre-emptive system in its
long-range regional improvement plan.
23. The Developer shall use diligent, good faith efforts to cause all of the required traffic
mitigation measures outside Sleepy Hollow which are described above to be implemented
by all applicable jurisdictions, including the NYS Department of Transportation and the
Village of Tarrytown. However, the Developer's financial responsibility for such
improvements shall be limited to its "fair share" of the costs of such improvements which
are not required solely due to the project. The Developer's fair share shall be determined by
an independent traffic engineer to be selected jointly by the Village of Sleepy Hollow and
the Developer. In the event that the Developer's good faith offer to pay its fair share of any
improvement is not accepted by the applicable jurisdiction and/or such jurisdiction declines
to make the improvement, the Developer shall post a bond or other reasonable security for
its fair share of the cost of those traffic improvements, as defined above. Such bond shall be
maintained by the Village of Sleepy Hollow for the benefit of the other jurisdictions for a
period of five years after site plan approval of Phase I is granted. Each jurisdiction shall
have a period of five years after site plan approval of Phase 1 to accept the Developer's fair
share and implement the improvements for which the fair share was offered. Upon the
expiration of this period, any remaining security shall be returned to the Developer, and
thereafter the Developer shall not have any further obligation with respect to the
improvements.

�24.

As provided for in Section 62-5.1.0 of the Village Code, this Special Permit will expire

one year from the date of the adoption of this Resolution; provided, however, if the Project Site
is restored to fully taxable state, or deemed to be so restored pursuant to Paragraph 1 of this
Resolution, within such year, then this Special Permit shall not expire until one year from the
issuance of Site Plan approval (as evidenced by the signature of the Chairman of the Planning
Board on the approved Site Plan) for Phase 1 Site Development if a building permit is not
applied for from the Village of Sleepy Hollow, with a 3 month extension for good cause
available from the Building Inspector. The times set forth herein shall be tolled during the
pendency of any litigation by a party other than the Applicant or any entity acting on behalf of
the Applicant or of any moratorium affecting the Project adopted by any legislative body having
jurisdiction over it. This Resolution and the Special Permit are based upon years of study, public
meetings, environmental reviews, lawsuits, negotiations, bankruptcy proceedings and other
activities which have lead to the drafting of a balanced document in which carefully prepared
authorizations, limitations, conditions, land transfers and payment obligations have been woven
into an integrated whole in which each part is interdependent upon every other part and
inextricably bound to each other. Therefore, if any part of this Resolution or the Special Permit
is found by a court of law in response to litigation instituted by the Applicant or any entity acting
on behalf of the Applicant to be illegal, unenforceable, ultra vires, arbitrary or capricious, or
requiring modification, then the remaining provisions of this Resolution and the Special Permit
shall cease to be effective, it being the finding of the Village Board that the provisions are not
severable nor separable.

25. On or before 10 days from the date of the adoption of this Resolution granting the Special
Permit and approving the Riverfront Development Concept Plan, the Applicant shall:

�a.

Pay $125,000 to the Village representing all fees due to the Village under SEQRA and
Section 19B of the Village Code with respect to the Project for application and other
fees incurred prior to the date of such adoption (except for those incurred during the
preparation of the environmental review for the Environmental Assessment Narrative
and Special Permit); and

h.

Simultaneously deliver to the Village Stipulations of Discontinuance executed by Old
GM or the Applicant, as the case may be, for all lawsuits pending against the Village
brought by Old GM or the Applicant, except that there is no obligation on the part of
the Applicant to obtain the signature of Roseland on such stipulations,

and the Special Permit shall not be deemed to have been granted, nor be effective, until
such payment and delivery has been completed including all escrow fees and other fees
incurred during the preparation of the environmental review for the Environmental
Assessment Narrative and Special Permit owed to the Village by the Applicant; and be it
further
RESOLVED, that all requirements, conditions, and mitigation measures related to the
Project as set forth herein shall constitute express conditions of this special permit and shall
constitute obligations and are binding upon the heirs, successors and assigns of the Applicant and
Developer, respectively, and shall be enforceable by the Village Board or its designated
representative; and be it further
RESOLVED, that the Village is hereby authorized and directed to settle all pending
litigation it has with Old GM and the applicant on the terms set forth in these resolutions, and the
Village Attorney and Keane &amp; Beane, P.C., acting singly, are each authorized and directed
simultaneously with the receipt of the $125,000 and the Stipulations of Discontinuances referred

�to above from Old GM and the Applicant to deliver executed Stipulations of Discontinuances
from the Village in all pending litigation involving the Village and Old GM and/or the
Applicant: and be it further
RESOLVED, that a certified copy of these Resolutions be transmitted to the Village of
Sleepy Hollow Planning Board.
Moved: Trustee Campbell

Seconded: Trustee Stupel

^ t

Vote: Motion Carried 7-0

^ tNs undersigned

Clerk, do hereby certify that tte foregoing Is
a^'wcopy an extract duly adopted by the Board of
T n ^ t m of die Villac^ of Seepy Hollow, on the 7 M day
of ^ " ^ o n t T
20 11 and of the whole thereof,
arKl 1 further certify that die same was entered into the
minutes of tt^ meehng of said Board of Trustees held on
said date.
IN w m ^ e ^ WHEREOF, I have hereunto set my hand and
t h l s g t l d a v of
AiX.ne
20lL

�Meeting Date: 06/07/2011
Resolution Number: 06/67/2011
VILLAGE OF SLEEPY HOLLOW
MAYOR AND BOARD OF TRUSTEES
CONSISTENCY FINDINGS
LIGHTHOUSE LANDING
WHEREAS, on or about February 11, 2003 a formal application for a Riverfront
Development Concept Plan and Special Permit approval was submitted by Roseland/Sleepy Hollow,
LLC (Roseland) and General Motors Corporation (Old GM), to the Mayor and Board of Trustees of
the Village of Sleepy Hollow, New York ("the Village Board") with related approvals from other
Village agencies for the construction of a mixed use waterfront project to be known as Lighthouse
Landing on approximately 94.5 acres also known and designed on the tax assessment map of the
Village of Sleepy Hollow as parcels 115.10-1-1, 115.11-1-1, and 115.15-1-1 ("the Site"); and

WHEREAS, said application did include, among other items, a site plan application form,
site plan application checklist, coastal assessment form, full environmental assessment form, a
project description and a preliminary Riverfront Development Concept Plan (RDCP) conceptual site
plan; and

WHEREAS, the Mayor and Board of Trustees have acted as the Lead Agency under the State
Environmental Quality Review Act (SEQR) for the purposes of conducting an environmental review
for the Proposed Action; and

WHEREAS, the Proposed Action must also be reviewed under Chapter 59A, the Waterfront
Consistency Review Law, of the Sleepy Hollow Village Code, and the Waterfront Advisory
Committee (WAC) is the duly authorized body to provide recommendations to the Village Board
with respect to the consistency of the Proposed Action with the goals and policies of the Village's
Local Waterfront Revitalization Program (LWRP); and

WHEREAS, during the course of the SEQR review, the Applicant did appear before the
WAC to solicit comments on a preliminary version of the proposed RDCP; and

�WHEREAS, on March 2, 2005 and March 15, 2005 the WAC considered the Draft
Environmental Impact Statement ("DEIS") for the proposed project which consisted, at that time, of
approximately 1,562 residential units; approximately 180,000 s.f. of retail space, approximately
50,000 s.f of office space; an inn with approximately 147 rooms; land for a train station, related
parking; and, approximately 30 percent of the site reserved as public open space or for public use;
and
WHEREAS, the WAC reviewed each of the applicable goals and policies of the Village's
LWRP and individual members of the WAC did provide comments which were responded to during
the course of the environmental review, and did cause there to be modifications made to preliminary
RDCP; and

WHEREAS, at its meeting on January 10, 2007, the WAC considered the Final
Environmental Impact Statement (FEIS) for a revised RDCP that was reduced to 1,250 residential
units; 132,000 s.f of retail; 35,000 s.f of office use; a 140 room hotel; and, approximately 39 acres,
or 41%, of the site reserved as public open space or for public use; and

WHEREAS, the WAC did deliberate and find the Proposed Action as described in the
FEIS to be consistent with the Village's LWRP with the following conditions: the right to review
and participate in the decisions as to the size, construction and design of water dependent project
elements; inclusion of a footbridge over the Metro-North tracks in order to facilitate pedestrian
traffic to the Project Site; that the Village and Applicant vigorously pursue a public
transportation system; use of appropriate construction materials and the placement of the pier and
any other shoreline structures at appropriate locations; installation of appropriate vegetative
cover at appropriate locations on the Site; and, the right to consider the DPW portion of the East
Parcel proposal when it is developed; and
WHEREAS, the Village Board acted as Lead Agency for the environmental review of the
Project conducted under SEQR and did determine in the Environmental Findings Statement

�adopted July 24, 2007 (the "Findings Statement"), that the proposed Project, with the mitigation
measures identified therein, would minimize or avoid adverse environmental effects to the
maximum extent practicable; and
WHEREAS, General Motors LLC ("Applicant") acquired substantially all of the assets of
Old GM on July 10, 2009 in a transaction executed under the jurisdiction of, and subject to the
approval of, the United States Bankruptcy Court for the Southern District of New York, and
Applicant has acquired equitable title to the Site: and
WHEREAS, Roseland is no longer the proposed developer of the Site and Applicant has
advised the Village that it intends to secure, after consultation with the Village, a new developer
for the Site ("Developer"), and that after such designation. Developer will assume the position
and all obligations of the Applicant; and
WHEREAS, in November 2007 Old GM commenced an Article 78 proceeding
challenging certain conditions imposed on it and Roseland in the Findings Statement, which
proceeding resulted in a January 8, 2010 Decision, Order and Judgment sustaining some
conditions and amending or striking others; and
WHEREAS, the Applicant has asked the Village Board to resume processing the
Application on behalf of the Applicant, and the Village Board believes it is in the best interests of
the Village to do so, although the Applicant has advised the Village of its intention to convey its
interests in the Project to Developer and not to develop the Project hself or in a joint venture or
partnership with the Developer; and
WHEREAS, the application including the RDCP has been further revised to conform to
the Findings Statement, the January 8, 2010 Decision, Order and Judgment and as a result of
discussions with the Village and GM; and

�WHEREAS, the Apphcant has submitted an Environmental Assessment Narrative describing
the amendments and changes and their potential impacts on the environment compared to those
described in the Findings Statement and, after a public meeting held on January 25,2011, the Village
Board adopted additional findings ("2011 Amended Findings") that the implementation of the
Project as now described and proposed will not resuh in adverse environmental impacts significantly
different than those that were addressed in the Findings Statement; and

WHEREAS, the revised RDCP now consists of the following: 1,177 residential units in a
mixture of townhouse, condominium and apartment configurations; approximately 135,000 s.f. of
commercial space, 35,000 s.f. of office space; 140 room hotel; reconfiguration of the site entrance
with River Street and Beekman Avenue; reconfiguration of Building M to bring more commercial
space down to the waterfront; reconfiguration of Road One to provide for a minimum buffer area of
100 feet along the boundary with Kingsland Point Park; an increase in the overall public open space
and public use area from 39± to 44.6± acres inclusive of an 16.1± acre waterfront and central park
open space with 2,300± linear feet of Hudson River shoreline; water related and water dependent
uses including interpretive center/boat house, enhanced waterfront access area, fishing pier,
belvederes, dock and dine transient boat access, small craft boat tie up; and, incorporation of Design
Guidelines to assist the various Village boards during the more detailed site plan and architectural
review process; and

WHEREAS, the Village enacted Local Law No. 7 in 1997 that established a process to
review proposed actions against the Village's adopted LWRP and that Section 59A-5.G identifies
eighteen specific policy items for a reviewing agency's consideration; and

NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby make the
following determinations with respect to the following policy guidelines outlined in Chapter 59A5.G. of the Village Code:

Waterfront Consistency Review Item 1: Revitalize the deteriorated and underutilized
waterfront area (LWRP Policies 1, lA, IB, IC, IE, IF, IG, IH, U and IK)

�The Project, as now proposed, calls for a mixed-use development that will revitalize a significant
unused portion of the Village's waterfront and replace an existing deteriorated land use consisting of
an abandoned industrial site. It will generate significant economic benefits to the Village including
employment and net fiscal revenues. While portions of the Project appear as a dense development
pattern, it is recognized that approximately 46% of the overall site area is devoted to public open
space or public use, including approximately 16.1 acres of open space on the West Parcel. The
Project is compliant with the Village's RF-Riverfront Development zoning district regulations and is
consistent with respect to density with Westchester County's Patterns comprehensive planning
document.
The West Parcel open space includes approximately 2,300 linear feet of frontage along the Hudson
River with proposed fishing pier, belvederes, transient boat tie ups, interpretive center and boat
house with enhanced waterfront access area.

With respect to the proposed development pattern, the Village has relied upon the Waterfront
Linkage Study and the Design Guidelines manual included in the FEIS to assist it in evaluating how
the RDCP achieves the design goal of an "old Hudson River waterfront community" image called
out in the LWRP and Village's RF Riverfront Development zoning district. The scale of the
buildings, in context to their surroundings, and the ability to preserve approximately 47.6% of the
site as open space or public use area combined with the commitment to the use of natural materials
(e.g., stone, brick, wood, iron) helps to achieve this goal. Further, there is a commitment to have the
entire project reach the Certified level under the United States Green Building Council's Leadership
in Energy and Environmental Design (LEED) Neighborhood Development program, to have a LEED
accredited architect certify that the larger buildings (&gt;90,000 s . f ) would meet the Certified level
under the LEED for New Construction program and that the proposed townhouses would be
designed using the Energy Star program design criteria.
Although the WAC recommended that a footbridge be included as part of the RDCP to address
LWRP Policies 5 and 5A, Policy IF also addresses this issue. The Village Board notes that the
RDCP reserves a right of way for potential future development of an accessway connecting the East
and West Parcels.

�The Village Board finds that the Project will revitalize the deteriorated and underused waterfront
area of the Site and thus is consistent with Waterfront Consistency Review Policy Standard and
Condition (1) of Section 59A-5.G of the Code.
Waterfront Consistency Review Item 2: Retain and promote commercial and recreational
water dependent uses (LWRP Policies 2 and 2A).
As indicated previously, the RDCP currently calls for approximately 16.1 acres of open space on the
West Parcel. Components include 2,300± linear feet of Hudson River shoreline accessible to the
public, fishing pier, transient boat access and small craft docks, belvederes, proposed bulkhead at the
point in front of the hotel, interpretive center and boat house and enhanced waterfront access suitable
for hand launching small craft (e.g., canoes and kayaks).

The Village Board finds that the Project will promote and thereafter retain commercial and
recreational water-dependent uses and thus is consistent with Waterfront Consistency Review
Standard and Condition (2) of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 3: Strengthen the economic base of Sleepy Hollow
smaller harbor areas by encouraging traditional uses and activities (LWRP Policy 4).
The LWRP notes that this policy is not applicable to Sleepy Hollow as the Village's waterfront does
not contain a small harbor.
Waterfront Consistency Review Item 4: Ensure that development occurs where adequate
public infrastructure is available to reduce health and pollution hazards (LWRP FoHcies 5,5A
and 5B).
In assessing the Project and its location with respect to impacts to the municipal infrastructure, the
Village Board has evaluated the adequacy of the following: street and local highway systems; water
supply; sewage disposal; energy needs; stormwater runoff; and, community facilities (e.g., schools,
fire, and police).
The Village Board required an extensive evaluation of the local roadway network including the
analysis of approximately 37 different intersections, the majority number of which were in the
neighboring Village of Tarrytown. The traffic impact analysis utilized conservative methodology
and identified specific traffic mitigation measures to address identified impacts. This includes the

�establishment of a bond to cover the cost of fair share improvements in areas outside of the Village
of Sleepy Hollow. The Developer is obligated to provide a jitney shuttle service during the peak
travel hours to take Lighthouse Landing residents back and forth to the Tarrytown Train Station.

The RDCP includes foot paths and bike paths, connecting the riverfront open space along Ichabod's
Landing in the south with Kingsland Point Park in the north. The interior streets will have sidewalks
to promote pedestrian circulation.

The Village is in the process of concluding an environmental review process regarding the expansion
of its reservoir supply capacity. The Village has identified a location for a new facility. The Special
Permit for the Project contains a condition requiring the Developer to make a payment towards the
cost of the new facility. Therefore, there will be sufficient water storage capacity to service the
Project without impairing the water supply to the remainder of the Village.

Westchester County Department of Environmental Facilities has indicated that they have sufficient
capacity in the sewage treatment system to accommodate the Project. Similarly the other utility
service providers - electric, gas, cable and telephone - have indicated an ability to accommodate the
Project.

As indicated previously, there has been a commitment that the Project, as a whole, would meet the
LEED certified level for Neighborhood Development, that the larger buildings (&gt;90,000 s.f.) would
be verified as meeting the LEED certified level by an accredited LEED architect and that the
townhomes would be constructed under the Energy Star criteria.

The proposed stormwater management plan has been designed to accommodate a variety of storm
events. The Project has also been designed to comply with the Village's Flood Damage Prevention
Law.

Finally, the FEIS analyzed the potential impacts on community facilities including fire, police,
ambulance, recreation and schools.

While impacts have been identified to each of the

�aforementioned services, mitigation in the form of land donations, physical improvements and a
monetary payment from the Developer to fund infrastructure items will be required. Further the
fiscal analysis prepared as part of the FEIS notes that there is anticipated to be a net fiscal surplus
resulting from the Project, specifically for the Village and the School District. As indicated in the
Environmental Assessment Narrative the percentage of for sale units has been increased to a
minimum of 60 percent compared to approximately 50 percent as part of the FEIS. Given that a
greater majority of the proposed units would now be for sale there would be a projected increase in
additional tax revenue from that projected as part of the FEIS.

Based on its review, the Village Board finds that the Project is located where adequate public
infrastructure is available to reduce health and pollution hazards and thus is consistent with the
Waterfront Consistency Review Standard and Condition (4) of Section 59A-5.G of the Code .

Waterfront Consistency Review Item 5: Expedite local permit procedures and use
performance standards for development within the waterfront area (LWRP Policy 6).

The Village Board has coordinated its review efforts with those of other Village entities such as the
WAC and Planning Board, well as outside agencies like NYSDEC.

The Village has coordinated the Waterfront Linkage study and participated in the creation of Design
Guidelines to provide standards for items such as architectural treatment and scale, materials,
building orientation, streetscapes and open spaces that the Village could rely upon as it moves to the
more detailed level of review and analysis.

The Village Board finds that the Project has been designed and approved in a manner which will
allow for the expediting of future local permit procedures and use performance standards and thus is
consistent with Waterfront Consistency Review Standard and Condition (5) of Section 59A-5.G of
the Code.

�Waterfront Consistency Review Policy 6: Protect significant and locally important fish and
wildlife habitats from human disruption and chemical contamination. (LWRP Policies 7,7A,
7B, 7C, 8, 8a and 8B).

This policy, to a limited extent, is relevant in that the existing riprap along the edge of the Hudson
River would be restored where necessary, with potential benefit to marine life. As noted in the WAC
recommendations, the Project would not affect the Pocantico River. The Developer will be required
to implement, a stonnwater management plan that, under New York State law must be adequate to
minimize any impacts resulting from stormwater runoff

The WAC in their recommendations noted that the Project will result in a reduction of the current
impervious surfaces at the site and reduce runoff from the site and would tend to protect fish and
wildlife resources. As a long-used and now abandoned paved industrial property, the Site contains
no upland wildlife habitats of any significance.

The Village Board finds that the Project protects significant and locally important fish and wildlife
habitats from human disruption and chemical contamination and thus is consistent with Waterfront
Consistency Review Standard and Condition (6) of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 7: Encourage and expand commercial fishing facilities to
promote commercial and recreational fishing opportunities (LWRP Policies 9,10).

The WAC noted in their recommendations that the proposed inclusion of a fishing pier as part of the
Project would constitute expansion of recreational use of fishing resources in the coastal area.

The Village Board finds that the Project will encourage and expand recreational fishing opportunities
and thus is consistent with Waterfront Consistency Review Standard and Condition (7) of Section
59A-5.G of the Code.

Waterfront Consistency Review Item 8: Minimize flooding and erosion hazards through

�nonstructural means, carefully selected, long-term structural measures and appropriate siting
of structures (LWRP Polices 11,13,13A, 13B, 14,15,16,16A, 16B, 17 and 17A).

Consistent with the recommendation from the WAC, the Village Board notes that the elevations and
locations of structures address LWRP Policy 11 relative to minimizing damage to property and
effects caused by flooding and erosion. The Project has been designed to comply with the Village's
Flood Damage Prevention Law. It is noted that the Developer will be required to make repairs to the
riprap along the River, where necessary, making the Project consistent with LWRP Policy 13 A. The
specific design of the proposed pier and other shoreline structures will be evaluated as part of the
forthcoming waterfront open space planning process with the Village Board. The Village Board
confirms the WAC's recommendation that LWRP Policies 13B and 14 are conditionally consistent
subject to the Developer's use of appropriate construction materials and placement of the pier and
any other shoreline structure at appropriate locations.

The Project's incorporation of stringent soil erosion and sediment control measures and its erosion
and sediment control plan includes a variety of mechanisms to attain those goals including: sediment
traps, silt fence barriers and straw bale barriers. A vegetative cover is proposed in the form of a
comprehensive landscaping and restoration program for the balance of the property.

The Village Board finds that the proposed Project will employ both non-structural and structural
measures to minimize flooding and erosion hazards and the RCDP contains setbacks and buffers as
part of the siting layout to achieve the same and thus is consistent with Waterfront Consistency
Review Standard and Condition 8 of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 9: Safeguard economic, social and environmental
interests in the coastal area when major actions are undertaken (LWRP Policies 18,18A, 18B
and 18C).

The WAC made a recommendation that there was no inconsistency between the Project and LWRP
Policy referenced above, noting that the provision of land area for public use by the Village were

�protective of the Village's social and environmental interests and quality of life.

The Village Board affirms the WAC's recommendation and finds the Project will safeguard
economic, social and environmental interests along the Hudson River coastal area and thus is
consistent with Waterfront Consistency Review Standard and Condifion (9) of Secfion 59A-5.G of
the Code.

Waterfront Consistency Review Item 10: Maintain and improve public access to the shoreline
and the water related recreational facilities while protecting the environment. (LWRP Policies
1, lA, IB, ID, IE, IF, IH, 2,2A, 4, 9,19,19A, 19B, 19C, 19D, 19E, 19F, 20 20A 20B, 21,21A
2 1 B , 2 1 C 2 2 and 22A).

At present, the General Motors site is fenced and there is no public access to the Hudson River other
than an existing easement to gain access to the historic 1883 Lighthouse. The Project would include
opening the entire, approximately 2,300 linear feet of Hudson River shoreline to the public. The
Project includes approximately 16.1 acres of public open space as part of the West Parcel including
the area along the Hudson, inclusive of public walkways and opportunities to get to the waters edge.
The pedestrian access provided along the shoreline would effectively provide linkages between the
Village's park at Horan's Landing and the waterfront associated with Ichabod's Landing to the south
of the Project site with Kingsland Point Park to the north of the site.

The impact of the Project in creating linkage trails as contemplated by LWRP Policy 21 has been
noted in connection with the Village Board's findings under prior policies. The Village Board also
noted that the parks, fishing piers, transient boat access and enhanced waterfront access, as well as
pedestrian trails and scenic overlooks are specifically recognized in the applicable Explanation of
Policies for Policy 21 and its sub-policies as water-related recreational facilities.

The Village Board finds that the proposed Project improves public access to the shoreline and waterrelated recreational activities through the provision and improvement of waterfront open space to the
Village with adequate environmental protection measures and thus is consistent with Waterfront

�Consistency Review Standard and Condition (10) of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 11: Protect and restore historic and archaeological
resources (Policies 23, 23A, 23B and 23C).

The WAC noted the fact that the 1883 Lighthouse is listed on the National Register of Historic
Places and is considered to be of significance to the history of the Village. Although the Lighthouse
lies outside of the boundaries of the Project site and is not within the scope of the Project, the site
configuration would direct attention to the Lighthouse, which would be the focal point of the
proposed Beekman Place "main streef' corridor.

A Stage lA Literature Review and Sensitivity Analysis was prepared as part of the EIS, the
recommendation of which noted that no further investigation of prehistoric archeological potential or
historic potential is recommended. The New York State Office of Parks, Recreation and Historic
Preservation (NYSOPRHP) concurred with those recommendations. The Village Board further
notes that correspondence received from the NYSOPRHP that the Project would have no impact on
historic properties in or eligible for inclusion on the National Register of Historic Places. As part of
the anticipated expansion of the Historic Hudson Valley (HHV) Philipsburg Manor Restoration
facility the Village would likely require the preparation of a Phase IB report. This will be a
determination to be made by the Planning Board as part of the site plan review for that contemplated
use.

The Village Board finds that the Project would not adversely affect the protection and restoration of
historic and archeological resources and thus is consistent with Waterfront Consistency Review
Standard and Condifion (11) of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 12: Protect and upgrade scenic resources (LWRP
Policies 25,25A and 25B).

The WAC noted that, at the time of adoption of the LWRP, the identified scenic resources and

�Hudson River views were significantly (and adversely) impacted by the then-existing GM plant
structures. Since the demolition of the General Motors plant structures, open views of the Hudson
River have been afforded to the community, although over a deteriorated and unsightly foreground.
The WAC noted that any construction at the Site will interrupt the current open views and,
consequently, "diminish the scenic quality of an identified scenic resource "Explanation of Policies",
but also recognized that the protection of river views and identified view sheds contemplated by the
LWRP was not intended to totally prohibit development.

The Village Board notes that the RDCP attempts to preserve and frame river views by the use of
street and building layout.

In addition, the Village Board further notes that the provision of

waterfront open space provides and enhances views of the River from new publicly accessible
property. The utilization of natural materials (e.g., wood, stone, metal, and brick) and the use of the
proposed Design Guidelines prepared as part of the EIS process contribute to the overall
compatibility of the site in relation to its environs.

The Village Board concludes that the Project upgrades the scenic foreground and provides, with
future protection, scenic views of the Hudson River and thus is consistent with Waterfront
Consistency Review Standard and Condition (12) of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 13: Site and construct energy facilities in a manner in
which will be compatible with the environment and contingent upon the need for a waterfront
or water location (LWRP Policies 2 7 , 3 0 , 3 1 , 3 3 , 3 5 , 3 5 A , 35B, 35C, 35D, 35E, 3 6 , 3 7 , 3 8 , 3 9 ,
39A, 40, 40A, 41,42, 43, and 44).

The Village Board finds Waterfront Consistency Review Standard and Condition 13 is not applicable
as the Project does not contemplate an energy facility.

Waterfront Consistency Review Item 14: Protect surface and groundwater's from direct and
indirect discharge of pollutants and from overuse (LWRP Policies 30, 31, 33, 35, 35A, 35B,
35C, 35D, 35E, 3 6 , 3 7 , 3 8 , 3 9 , 3 9 A , 40,40A, 41A, 42,43, and 44).

�The Developer will be legally required to use best management practices for stormwater
management, use low flow fixtures and abide by air quality standards. With respect to the policy
discussion regarding stormwater runoff, the Project will result in the replacement of part of the Site's
current impervious surface with green spaces containing vegetation. Sewage will go to the County
publicly owned treatment works. No usage of the Site is proposed that would generate other
pollutants likely to run-off into surface waters or infiltrate ground waters or use unusually large
quantities of water.

The Village Board finds that the Project will protect surface and groundwaters from direct and
indirect discharge of pollutants and from overuse and thus is consistent with Waterfront Consistency
Review Standard and Condition (14) of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 15: Perform dredging and dredge spoil in a manner
protective of the environment (LWRP Policies 15,35,35A, 35B, 35C, 35D and 35E).

Any future dredging related to prior activities of GM will be conducted with oversight from
NYSDEC and NYDOS. The Project itself does not include dredging. Thus the Village Board finds
that Waterfront Consistency Review Standard and Condition (15) is not applicable.

Waterfront Consistency Review Item 16: Handle and dispose of solid and hazardous wastes
and effluents in a manner, which will not adversely affect the environment nor expand existing
landfills (LWRP Policies 34,34A, 35,35A, 35B, 35C, 35D, 35E, 36,39 and 39A).

As part of its deliberations, the WAC made a recommendation that the Applicant, during the
construction phase, give strict instructions to its construction contractors that no wastes are to be
dumped in the Hudson River. The Project will generate solid wastes and sewage typical of mixeduse residential and commercial developments.

These will be managed using the lawful and

compliant services and facilities available in the Village.

�The Village Board finds that the Project will not result in the generation of solid and hazardous
wastes and effluents in a quantity or of a type which will adversely affect the environment or require
the expansion of existing landfills and thus is consistent with Waterfront Consistency Review
Standard and Condition (16) of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 17: Protect air quality (LWRP Policies 41,41A, 42 and
43).

The WAC noted in its consistency review that, as a matter of law, the Applicant will be legally
required to comply with LWRP policies of 41 and 41A as they relate to the National Ambient Air
Quality (NAAQ) standards. The Environmental Findings noted that the Proposed Action would not
violate the NAAQ standards. No industrial air emissions will result from the Project, and any air
emissions will be in an amount and of the type typically arising from a mixed-use residential and
commercial development, which will not have a material adverse effect on ambient air quality.

The Village Board finds that the Project will protect air quality and thus is consistent with
Waterfront Consistency Review Standard and Condhion (17) of Section 59A-5.G of the Code.

Waterfront Consistency Review Item 18: Protect freshwater wetlands (LWRP Policy 44).

The WAC noted that the Pocantico River constitutes a tidal wetlands/watercourse and that the
replacement of paved areas adjacent to the River with green open space would be beneficial for the
area. The Project does not include the disturbance of freshwater wetlands.

The Village Board finds that the Project will protect freshwater wetlands and thus is consistent with
Waterfront Consistency Review Standard and Condition (18) of Section 59A-5.G of the Code; and
be it further

RESOLVED, on the basis of its consideration of the consistency of the proposed Lighthouse
Landing project with the foregoing LWRP Policies as outlined in Chapter 59A-5.G.(1)- (18), and

�upon due consideration of the consistency recommendation provided by the WAC, the Mayor and
Board of Trustees finds that the Project will be consistent with the policies and purposes of the
LWRP and will advance many of them.

Moved: Trustee Campbell

Seconded: Trustee Stupel

Vote: 7-0

A \
the undersigned
Clerk, do hereby certify
tJie foregoing is
a true a ^ of an eadract duly adc^ted by the Board of
T r u ^ ^ of t f « Village of Sleepy Hollow, on the H t k d a y
of -i^Onj-:'^
20 II and of tJw whole thereof,
and I furtfier certfy that ttie same was entered into the
minutes of the me^ng of said Board of Trustees held on
said date.
IN WITNKS WHW60F, I have hereunto set my hand and
official
of ^
20ji_.
Qerk

�Meeting Date: 06/07/2011
Resolution #: 06/68/2011
MAYOR AND BOARD OF TRUSTEES
RESOLUTION ACCEPTING
DESIGN GUIDELINES
FOR LIGHTHOUSE LANDING
RIVERFRONT DEVELOPMENT
WHEREAS, concurrently with the adoption of this Resolution, the Mayor and Board of
Trustees of the Village of Sleepy Hollow (the "Village Board") are approving a Riverfront
Development Concept Plan ("RDCP") for a proposed riverfront development called Lighthouse
Landing on the former General Motors Site ("Projecf); and
WHEREAS, both the Village's Local Waterfront Revitalization Program (LWRP) and
RF-Riverfront Redevelopment Zoning District language call for the creation of a distinct
waterfront district in the spirit of an old Hudson River waterfront community image; and
WHEREAS, as part of the planning process for the reuse of the former General Motors
site the Village conducted a Waterfront Linkage Study which analyzed that area within the
Village-zoned Riverfront Development District; and
WHEREAS, one of the goals of the Waterfront Linkage Study was to assist the Village in
better visualizing what future development would look like; and
WHEREAS, on February 11, 2003 a formal application for RCDP Approval and a Special
Permit for the Project was submitted to the Village; and
WHEREAS, during the course of the environmental review of the Project the then
applicant, working with the Village and its design and planning consultants, did prepare a Design
Guidelines manual to assist the Village which included: design principles for urban district and
public realm, street design and typology, architectural design and open space design intent; and
WHEREAS, the Design Guidelines manual was included as part of the Project's Final
Environmental Impact Statement ("FEIS") which was the subject of a public hearing and was
duly circulated to all interested and involved agencies and made available for public review and
comment; and
WHEREAS, General Motors LLC is the current applicant ("Applicanf) for the Project,
and has advised the Village Board that it intends to secure, after consultation with the Village
Board, a new developer for the Site ("Developer"), and that after such designation. Developer
will assume the position and all obligations of the Applicant; and
WHEREAS, on or about December 14, 2010, the Applicant did submit to the Village
Board a revised RDCP (prepared by Divney Tung Schwalbe, LLP) as identified in the
Resolution approving the RDCP and granting a Special Permit for the project, which included a

�set of preliminary architectural drawings (prepared by the Lessard Architectectural Group dated
May 15, 2007) that advance the Village Board's design objectives and are generally consistent
with the Design Guidelines; and
NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby accept the
Design Guidelines document included in the FEIS and as modified by the 2011 Amended
Findings; and, be it further
RESOLVED, that the Village Board intends that the Design Guidelines document shall
be utilized by the Planning Board and other boards and committees serving the Village in
subsequent reviews to ensure that the Project elements will be integrated by cohesive design,
maintain an appropriate Hudson River waterfront community image, and provide visual interest;
and, be it further,
RESOLVED, that the Design Guidelines are intended to provide a flexible framework, as
the Village moves forward with more specific approvals; and, be it further
RESOLVED, in the event that the Board of Trustees approves future revisions to the
RDCP, the Design Guidelines manual will be accordingly updated to reflect the revised plan, and
that from time to time, as is deemed necessary by the Project Developer(s), or the Planning
Board, or any of the aforementioned parties may petition the Board of Trustees to revise the
design principles contained in the Design Guidelines manual.

Moved: Trustee Capossela

Seconded: Trustee Carr

K ^ o A kdo)!
Ll

Vote: 7-0

the undersigned
J.
r v O w ^ ^ K r t y derit, do hereby certif/ttiat theforegoingis
a T i w a w ( r f a n exhact duly adopted by the Bc«rd of
T r u s t y of the Village of Sleepy Hollow, on the l l M a y
of
20 11 and of Hie whole thereof,
arKl! further mVtfy tt«t die same was entered into the
minutes of the meetlr^ of said Board of Trustees held on
said date.
IN W I T N ^ WHWfOF, I have hereunto ^ my hand and
offldal seaM»«silLday of
A o 'A
20J_L.

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                    <text>The Trustees Work Session of the Village of Sleepy Hollow held a Public Hearing Meeting on
Tuesday, June 7, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Thomas Capossela
David Schroedel
Barbara Carr
Bruce Campbell
Karin Wompa (8:15 p.m.)
Evelyn Stupel, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Gregory Camp, Police Chief
Sean McCarthy, Village Inspector (7:55 p.m.)
At 7:06 p.m. the Mayor called the meeting to order.
The Village Clerk read aloud the Public Hearing announcement.
Mayor opened the Public Hearing to the public and evoked the 5 minute rule:
Katherine Zaiantis, represents the Village of Tarrytown and shared a letter on their behalf
from Adier Consulting, regarding the Review of the Proposed Lighthouse Landing
Development, urging the Board to consider the traffic impacts in the Village.
Jeffrey Anzevino, Director of Land Use Advocacy from Scenic Hudson Inc, a 48 year old
nonprofit environmental organization, addressed the Mayor and the Board and submitted a
written statement. See attached.
Philip Musegaas of the River Keeper addressed the Mayor and the Board and said he would
follow up with written comments. He is concerned about pollution and sited Section, 9, page
29, Section 10, 11, 12 and 13 of the special permit.
David Bedell of Sleepy Hollow and Chair of the Village's Environmental Advisory Council,
addressed the Mayor and the Board and commented on the East parcel stating that this is a
large complicated operation that the Village Board is taking. He suggested that the Village
should develop more green standards. He suggested that the Village demand all the monies
upfront. He stated that at it is imperative that the village have a planned structured, and
urged that experts develop this plan. Mr. Bedell commented on the West parcel and asked
that the language be reviewed to make sure that native plans, and other village laws will be
applied. He stated that he is pleased to see that the green building standards are being
considered.

�Mario Belanich of North Washington Street addressed the Mayor and the Board and stated
that when General Motors was operating there were over 500 employees and the traffic jann
was took 20 to 30 minutes per day and the Villages survived. He stated that he worked for
GM for 40 years and has never been sick. He stated that he is shocked and surprised that
the Village of Tarrytown is suing the Village over a traffic matter. He said the GM plant
stopped operating 15 years ago and it's time to move on, the Village, the schools and the
county need the tax revenue.
There were no further comments from the public at this time; Mayor asked the Board for
comments.
Deputy Mayor Caposseia stated that the Village of Tarrytown's Lawsuit is frivolous and it will
cost our Village a lot of money.
Trustee Campbell agreed with Deputy Mayor Caposseia and stated that the Village of
Tarrytown should have asked for a discussion about this development instead of a lawsuit.
Mayor stated that when he noticed this hearing he announced that he intended to open and
close it on the same day, absent any extraordinary events. He stated that the comments
from the public received tonight were substantially the same as those received in prior oral
and/or written presentations. The Special Permit has been on the Village Web site and
available to the public for several weeks.
On a motion by Deputy Mayor Caposseia, Seconded by Trustee Stupel the public hearing was
closed. It was unanimous.
Mayor called for a special session and stated that the comments from the public this evening
have been considered and it is appropriate to go forward starting with the Consistency
Findings resolution which will be read aloud for the record.
Trustee Schroedel stated he is comfortable moving forward.
See attached resolutions.
On a motion by Trustee Campbell, seconded by Trustee Carr, the Consistency Findings
Lighthouse Landing Resolution passed. It was unanimous.
On a motion by Trustee Campbell, seconded by Trustee Stupel, the Granting Special Permit
and Approving the Riverfront Development Concept Plan for the Lighthouse Landing
Riverfront Development Resolution passed. It was unanimous.
Trustee Carr said that all the members of this Board have made a significant difference and
made a good safeguard decision for the village.
Trustee Stupel thanked the committee that put this together.

�On a motion by Deputy Mayor Capossela, seconded by Trustee Carr the Accepting Guidelines
for Lighthouse Landing Riverfront Development Resolution passed. It was unanimous.
Mayor Wray congratulated General Motors and stated its time to find a developer.
Trustee Wompa thanked David Smith, Joel Sacks, Andrew Tung, Janet Gandolfo, and
everyone else for putting this project together.
At 9:45pm on a motion by Trustee Schroedel, seconded by Trustee Carr, the special session
was adjourned.
pectfully submitted.
//

Paula A. McCarthy
Village Clerk

�Adler Consulting,
235 Main Street
White Plains, NY 10601-2401

Transportation Planning &amp; Traffic Engineering, PLLC
Tel # (914) 997-8510
Fax #(914) 997-7140

June 7, 2011

Honorable Kenneth G. Wray, Mayor
Members of the Board of Trustees
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591
Re:

Review of Proposed Lighthouse Landing Development
Village of Sleepy Hollow, New York

Dear Mayor Wray and Members of the Board:
At the request of the Village of Tarrytown, Adler Consulting has reviewed the
"Resolution on Environmental Determination and Findings Revised Riverfront
Development Concept Plan Pursuant to Section 62-5.1 of the Sleepy Hollow Code
for the Lighthouse Landing Riverfront Development" (Findings) which was approved
by the Board of the Village of Sleepy Hollow and is the basis for consideration of the
Special Permit.
Adler Consulting previously reviewed the Draft Environmental Impact Statement
(DEIS) prepared for the Lighthouse Landing and submitted comments to the Village
of Tarrytown in a letter, dated, April 4, 2005. In addition, Adler Consulting also
reviewed the Final Environmental Impact Statement (FEIS) and provided comments
to the Village of Tarrytown in a letter, dated, July 17, 2007 and prepared and
submitted an Affidavit in support of the lawsuit brought by the Village of Tarrytown
in October 2007. In each of these submissions, Adler Consulting identified
inaccuracies and omissions in the documents submitted by the Applicant and that
both the DEIS and the subsequent FEIS were incomplete. It is also noted that
inaccuracies identified by Adler Consulting in the DEIS were not addressed nor
corrected in the FEIS. Further, Adler Consulting reviewed the Environmental
Assessment Narrative (EAN) and the accompanying plans prepared by Divney-TungSchwalbe for the Lighthouse Landing at Sleepy Hollow, dated, December 14, 2010,

�Honorable Kenneth G. Wray, Mayor
June 7, 2011
Page 2
and submitted that review in a letter to the Board, dated, February 9, 2011. The
review noted that the information concerning the size of the proposed project and its
components presented by the Applicant as part of the EAN differed from the data
provided in the FEIS. Moreover, the EAN did not include any additional analysis of
the transportation impacts expected to be caused by the revised proposed
development which had been modified from the information previously presented in
the FEIS. Therefore, sincc the EAN did not contain new analyses, the inaccuracies
and omissions identified in the DEIS and FEIS remain unaddressed and uncorrected.
The Findings prepared by the Village of Sleepy Hollow, dated, January 25, 2011, rely
on the EAN, FEIS and DEIS, which as has been previously noted, are inaccurate and
contain omissions. Since the base documents are deficient, the Village of Sleepy
Hollow has not taken the requisite "hard look" at the transportation and parldng
Impacts of the proposed Lighthouse Landing development, particularly as they
concern the traffic operating conditions and quality of life within the Village of
Tarrytown. As noted earlier, the EAN did not include any analysis that documents
the potential impacts associated with the revised Lighthouse Landing development
and is, therefore, deficient. Adier Consulting had previously documented the
deficiencies contained in the DEIS and FEIS submitted by the Applicant. Since the
Findings do not correct the previously documented deficiencies and, the Special
Permit is based on the deficient Findings, therefore, the Special Permit should not be
approved by the Board.
Please do not hesitate to contact us if shotild you have any questions.
Sincerely,
AdIer Consulting,
Transportation Planning &amp; Traffic Engineering, FLLC

Bernard Adler, P.E.
President
NY Professional Engineer No. 048373

Michael P. O'Rourke, P.E., PTOE
Senior Associate
NY Professional Engineer No. 061375

�Scenic Hudson, Inc.
One Civic Center Pla^a, Suite 200
Pflughkeepsie, NY 12601 3157
Tel: 8-15 473 4440
Fax: 845 473 2648
email: info@scenfchudson.org
www,scenichudson.org

SCENIC
HUDSON
Statement of
Jeffrey Anzevino, AICP
Director of Land Use Advocacy
Scenic Hudson, Inc.
Village of Sleepy Hollow
Board of Trustees
General Motors's amended application for a
Riverfront Development Concept Plan and Special Permit

June 7, 2011

Good evening. My name Jeffrey Anzevino; 1 am the Director of Land Use Advocacy for Scenic Hudson,
a 48-year-old nonprofit environmental organization whose mission is to ensure that tomorrow's Hudson
River Valley is environmentally and economically sustainable.
We have been actively working in Sleepy Hollow to improve the public's connection to the Hudson River
for the past 12 years. We recently celebrated with our partners, the Village of Sleepy Hollow,
Westchester County, Westchester County Parks, Friends of Westchester County Parks, the NYS
Department of State and, of course, Mrs. Davis, the reopening of the former bath house at Kingsland
Point Park as the Kathryn W. Davis RiverWalk Center. And in addition with the help of Department of
State's Environmental Protection Fund we are working with Tarrytown, Westchester County and Ferry
Landing LLC to create the new Scenic Hudson RiverWalk Park at Tarrytown in order to ensure a
continuous riverfront connection between Sleepy Hollow and Tarrytown.
The Village of Sleepy Hollow is nearing a critical juncture in the approval process of the most important
riverfront site along the entire Hudson. We acknowledge that the developer ultimately chosen for this site
may well choose a different plan. That is all the more reason to require that the groundwork is laid to
ensure that the issues are addressed to ensure that any new project will move ahead on a solid foundation
and will add value to the village without compromising the environment or impacting the village or its
residents. With that in mind, we offer the following comments for your consideration:
In-river contamination's effect on the riverfront park
The NYS Department of Environmental Conservation's brownfield remediation plan must adequately
protect the Village and its residents against future harm. In addition, we urge the village to take a
proactive leadership role with DEC and GM to ensure that the in-river investigation is initiated as soon as
possible so that the riverfront park can be opened as early as possible when the site is developed. The
Village should consider hiring an independent third party environmental engineer to review the plan to
ensure its interests and its residents are protected.

�Climate Action Plan and Sea Level Rise
Given that the GM site is low-lying and built on tidally-infliienced fill, the impact of rising water under
the slab and potential flooding conditions over the site must be taken into account before the Riverfront
Concept Plan and Special Permit are approved. While we understand that the environmental review
examined this in light of existing 100-year floodplain data, new information has come to light that renders
obsolete those old assumptions about sea level rise. On November 10, 2010 Governor Patterson under
Executive Order No. 24 released his draft interim climate action plan. Consistent with the Sea Level Task
Force final report, the plan found that global climate change could cause sea level to rise between 12 and
55 inches by the end of the century.
We urge the village to require GM or its chosen developer to review and make any modifications
necessary to the site development plan to ensure that flooding and storm surges do not cause either
damage to the river, to property or cause liability and costs to be incurred by the village.
New Market Conditions after the Financial Crisis
Likewise, the scale of development at the GM site was determined in a very different real estate market
than exists today. Therefore we suggest that GM should conduct an absorption study to determine if the
1,177 units and scale of commercial development now proposed at the GM site are reasonable given the
capacity of the current real estate market to absorb this scale of development over a given period of time.
Cement Dust Pile
Finally, upon demolition in the late 1990s of the GM manufacturing plant, portions of remaining concrete
structural elements were milled into aggregate for on-site reuse. A stockpile of these concrete millings has
since then blighted the appearance of the western portion of the site. In addition, we have submitted to the
NYSDEC, to the village, and to GM a letter from a credible environmental scientist raising questions
about the suitability of reuse of these materials due to contaminants. We believe that GM should take
immediate action to address the eyesore it has left behind on the riverfront. In order to reduce the
visibility and toxicity of the pile, we request that the Village require GM to completely remove or
substantially lower the height of the pile.
In addition, the entire site is an eyesore. Given that redevelopment of the site is likely to take several
years, we urge the village to require GM to take steps to significantly improve its appearance during the
interim.
Conclusion
Scenic Hudson hopes that all parties will work cooperatively so that Lighthouse Landing will serve as a
natural extension of Sleepy Hollow and function as an integrated part of the Village. Without a doubt,
this is a challenging site. The railroad has historically separated the former GM site from village
neighborhoods and its central business district. However, the site also provides an outstanding
opportunity to serve as a model of riverfront development for communities throughout the Hudson Valley
and beyond.
Thank you for providing this opportunity to present these comments tonight.

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                    <text>Meeting Date: 5/24/2011
Resolution #: 5/65-A/2011
Resolution Approving CDBG Funding for Girl Scouts
Whereas, the Girl Scout Organization representing Tarrytown and Sleepy Hollow have
made application for Community Development Block Grant funding (CDBG) for its
program called "Girls Grow Strong" for three years; and
Whereas, the Board of Trustees of Village of Sleepy Hollow believes the program to be
a worthwhile and valuable asset for our younger residents;
Now Therefore, Be It Resolved the Board of Trustees of Village of Sleepy Hollow,
hereby supports and endorses CDBG funding for all three years.
Moved: Trustee Carr

Seconded: Trustee Wompa

Vote:

6-0

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                    <text>Resolution of the Board of Trustees of the Village of Sleepy Hollow
Awarding Cleaning Contract for the Senior Center.
WHEREAS, The Village solicited proposals for cleaning services for the James Galgano Senior
Center located at 55 Elm Street, and
WHEREAS, Molly Maids of Ossining, New York was the lowest qualified bidder with a bid of
$170 per week, and
WHEREAS, The Village Administrator has checked references for Molly Maids and is
recommending contracting with Molly Maids on a monthly basis effective June 1, 2011.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees authorizes the Mayor to
enter into an agreement with Molly Maids for cleaning services at the James Galgano Senior
Center on a month to month basis at weekly rate of $170 effective June 1, 2011.
Moved: Trustee Campbell

Seconded: Trustee Stupel

Vote: 6-0

�Resolution Authorizing Treasurer to Make Fund Transfers
Whereas the Village Treasurer is completing her yearend review of all budget
expenditures and revenues for the fiscal year 2010-2011; and
Whereas it is necessary to make certain fund transfers within the parameters of
the budget adopted by the Board of Trustees in that certain funds have
surplus/deficits;
Now Therefore Be It Resolved the Board of Trustees authorizes the Village
Treasurer to make necessary fund transfers within the General, Sanitation, Water
and Sewer Funds, a schedule of which shall be appended to the minutes of this
meeting" (see attached list).
Moved: Trustee Schroedel

Second: Deputy Mayor Capossela Vote: 6-0

�Year End Transfers as of May 31, 2011

A.1990.400
F.9901.900

$200,000.00
385,449.12
$585,449.12

A.1010.421
A.1210.411
A.1210.471
A.1210.499
A.1325.101
A.1410.103
A. 1420.447
A.1420.474
A. 1620.420
A.1620.421
A.1620.423
A. 1620.440
A. 1620.448
A. 1620.452
A. 1620.463
A. 1640.101
A. 1640.461
A. 1930.400
A. 1960.400
A. 1989.400
A.3120.200
A.3120.201
A.3410.200
A.3410.201
A.3410.411
A.3410.412
A.3410.418
A.3410.423
A.3410.425
A.3410.461
A.3410.462
A.3410.463
A.3410.473
A.3410.499
A.3510.499
A.3620.103
A.4540.200
A.4540.201
A.5110.100
A.5110.101
A.5110.102
A.5110.103
A.5142.101
A.5142.102
A.5142.416
A.6772.414
A.7020.101
A.7110.423
A.7110.493
A,7140.481
A.7550.484
A.7550.489

$306.61
107.34
43.16
800.00
33,505.38
540.00
19,504.59
72,033.43
6,267.32
64.44
3,065.59
2,609.03
8,279.87
3,893.79
24,742.83
8,197.54
1,988.34
23,661.89
6,697.02
4,500.00
8,292.53
1,365.59
10,912.14
49.49
48.62
332.01
2,805.00
6,460.94
1,462.91
8,121.61
6,281.18
391.39
3,293.45
550.72
253.00
857.00
4,361.22
609.93
160,671.10
13,914.75
396.20
7,296.00
942.88
4,048.31
16,206.76
2,965.74
5,630.33
9,551.44
8,896.70
42,163.55
1,100.00
3,396.05

�A.7620.103
A.9000.802
A.9000.805
A.9000.809

7,386.84
15,681.92
4,793.65
3,150.00
$585,449.12

C.8160.104
C.9000.800
C.9000.802

$2,100.00
$6,052.00
$4,000.00
$12,152.00

C.8160.103

12,152.00
$12,152.00

F.8320.100
F.9000.800

$132,383.75
$65,000.00
$197,383.75

F.1910.400
F.8320.423
F.8320.467
F.8340.410
F.8340.412
F.9000.806

$6,536.29
44,318.32
106,179.04
5,798.95
125.20
34,425.95
$197,383.75

G.9000.800

$12,085.45
$12,085.45

G.9000.806

$12,085.45
$12,085.45

�Resolution Authorizing 2% Salary Increase for Certain
Non-Union Employees
Whereas, Village employees Rich Gross and Sean McCarthy previously had
Employment Agreements with the Village; and
Whereas, those Employment Agreements terminated January 1, 2011; and
Whereas, there was no provision contained addressing salary increases at
termination in said Agreements, and
Whereas, the Board of Trustees has reviewed the job performance of both
employees and determined that it would be appropriate to increase their
salaries;
Now, therefore be it resolved, the Board of Trustees hereby increases the
annual salary of Rich Gross to $104,056.78 and Sean McCarthy to $136,500.48
effective January 1, 2011.
Moved: Deputy Mayor Capossela

Second: Trustee Schroedel

Vote: 6-0

�Resolution Authorizing 10% Increase in Salary for Building
Department Employee
Whereas, Village employee Rae Lee has been employed by the Building
Department since January 2003, and
Whereas, the job responsibilities for her position have increased since she was
hired by the Village; and
Whereas, the Board of Trustees believes it would be fair and equitable to
increase Rae Lee's salary to be commensurate with her increased job duties;
Now, Therefore, Be It Resolved the Board of Trustees hereby increases the
annual base salary of Rae Lee to $52,688.61 as of 5/23/2011.
Moved: Trustee Stupel

Seconded: Trustee Campbell

Vote: 4-3

As amended, "effective 5/23/2011" instead of "effective immediately":
Roll Call:
Trustees Schroedel, Carr, and Capossela Voted: No
Trustees Wompa, Stupel, Campbell, and Mayor Voted: Yes

�Resolution Eliminating Health Insurance Buy-Outs
For Employees
Whereas, the Village's Employee Handbook adopted September 16, 2003 by
Resolution Number 09/175/03 provides that full-time employees who voluntarily
opt out of the Village's health insurance plan may receive a monthly stipend of
$200.00 in lieu of this benefit; and
Whereas, the Board of Trustees has reviewed the Village's policy regarding the
payment of buy-outs for full-time employees who do not receive the health
insurance benefit from the Village; and
Whereas, the Board of Trustees has determined the buy-out option is no longer
a financially sound policy nor is it in the best interest of the Village to maintain
such a policy;
Now, Therefore Be It Resolved the Board of Trustees hereby rescinds
Resolution Number 09/175/03 adopted by the Village, effective immediately; and
Be It Further Resolved the Board of Trustees hereby amends the Employee
Handbook adopted September 16, 2003 to eliminate the provision entitled
"Health Insurance" contained on page 12; and
Be it Further Resolved this resolution is applicable to all non-union and noncontractual personnel; and
Be It Further Resolved, the Village Administrator is directed to amend the
Employee Handbook as hereinabove resolved.
Moved: Trustee Schroedel

Seconded: Trustee Carr

Vote: 6-0

�Resolution Regarding Health Insurance Contributions for all
Non-Union Employees
Whereas, the Board of Trustees has reviewed the Village's policy regarding the
contribution made to health insurance by non-union employees; and
Whereas, the Board of Trustees acknowledges the rising costs of health insurance in
the State of New York and the growing trend for employers to require increased
contributions to health insurance plans;
Now, Therefore, Be It Resolved, notwithstanding the provision in the Employee
Handbook adopted September 16, 2003 entitled "Health Insurance" contained on page
12, effective immediately, all non-union employees paid an annual salary of less than
$75,000 shall be required to contribute 10% of their annual health insurance premium;
and
Be It Further Resolved, notwithstanding the provision in the Employee Handbook
adopted September 16, 2003 entitled "Health Insurance" contained on page 12,
effective immediately, all non-union employees paid an annual salary of $75,000 or
more, shall be required to contribute 12% of their annual health insurance premium;
and
Be It Further Resolved, the Village Administrator is directed to amend the Employee
Handbook as hereinabove resolved; and
Be It Further Resolved, all previous resolutions adopted by the Board of Trustees
regarding contributions to health insurance contributions are rescinded to the extent
they conflict with this resolution.
Moved: Trustee Campbell

Seconded: Trustee Carr

Vote: 6-0

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, May 24,
2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Thomas Capossela
David Schroedel
Barbara Carr- In at 7:20pm
Bruce Campbel
Karin Worn pa
Evelyn Stupel, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Tresurer
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Sean E. McCarthy, Village Building Inspector
Gregory Camp, Police Chief
At 7:08 p.m. the Mayor called the meeting to order with a pledge to the flag.
Approval of Warrants:
Deputy Mayor Capossela Moved, Seconded by Trustee Stupel, to approve the warrant of
$377,291.19. It was unanimous.
Mayor announcements:
Mayor appointed Judge Farella as Acting Justice, due to Acting Justice Naclerio's resignation.
He stated that Justice Farrela has worked in the Sleepy Hollow Court previously.
Mayor announced that this is Memorial Day weekend, and this coming Monday, May 30,
2011, the parade will quick off at 9:00 a.m. in Tarrytown and will end in Sleepy Hollow.
Mayor encouraged that everyone attend, this is a day to remember those who have given
their lives and those that are still fighting for us now.
Mayor announced the book donation made by David Zaffra. He stated that Washington Irving
wrote this book while he traveled to Spain as an ambassador. This is one of 300 copies.
The village is grateful to receive this donation and has arranged with the Warner library to
exhibit the book in June. Mayor thanked the Mr. Zaffra for this donation.
Public Comments:
minute rule:

Mayor opened the meeting to Public Comments and evoked the 5

Susan McFarlane 105 river, announced that a new group called the friends of Horan's landing
Park and announced that a small group set out to celan up the Park this past Saturday with

�the assistance of Trustee Carr. She also stated that the group would like to sponsor and
promote a movie night event at the park. Anyone can join this group and may contact Susan
Mcfarlane at Susan.mcfarlane@mssb.com or call 914-909-2777.
Mayor Wray stated that this will be discussed further at the next Work Session.
Lorraina Cacchaquiiha, of Sleepy Hollow, addressed the Mayor and the Board of Trustees and
expressed concerned about the after school program at the Morse school and asked the
Board to revisit their decision. She said she is saddened and concerned for her two children
and that it is a financial burden for her.
Laura Rey lannarrelli of Sleepy Hollow, addressed the Mayor and the Board and asked if a
definite decision had been made about the after school program at the Morse school.
Mayor responded that the Board passed the budget, and the program was cut.
Mayor explained that many different things were cut out of the budget and the Board
decided that there are a number of alternatives, including another program in the same
school. The YMCA is willing to accept other kids and possibly hire some of our staff. Mayor
said the Y provides in-need basis scholarships.
Laura Rey lannarelli responded that the program Is self sufficient, and it pays for itself.
She said the parents of the afterschool programs kids were never aware that this program
was going to be cut, and asked if this is a definite.
Mayor responded that the Board decided to continue the program until the end of the school
year, to give parents time to make other arrangements.
Mario Belanich of North Washington Street, addressed the Mayor and the Board and asked
when movie night at Horan's Park was going to air. He suggested it should be done at
Kingsland Point Park.
Frank Rey, of Sleepy Hollow, addressed the Mayor and the Board, and spoke about the after
school program at the Morse school. He said as far as discontinuing the program it is difficult
to understand why the Board did not consider the kids. He stated the local government is
supposed to do the best for the community and the residents. He stated that this program is
not costing the village any money, and that all persons, and parents have spoken positively
about the program, and the Board made a decision in bad taste. Mr. Rey stated that the
Board has no respect for the community that elected the members to be on the Board.
Lorraine Cacchaquiiha addressed the Board and the Mayor again and said it is heart breaking
for the 40 kids, and the working parents. She invited the Board to take a visit with the other
programs. She stated that she is positive that she cannot afford another program, and asked
again for the Board to reconsider their decision.
Deputy Mayor Capossela stated that the Board should revisit this decision.
Trustee Wompa stated that there is some information the Board is trying to pull together.

�Mayor Wray stated that this would be put on the agenda for the next Work Session.
Presentation bv the Girls Scouts of the Hudson:
Jamie Echt, a volunteer leader for the Tarrytown-Sleepy Hollow Girl Scouts, came before the
Board asking for a support letter for their grant application to the Westchester County.
She stated that the Girl Scouts have over 200 girls for 2011 and there are some challenges in
this low income area; such as fees, camping trips, transportation, and language barrier,
currently there are 48 girls in an independent group. She stated they only have some many
funds. She reminded everyone that the Girl Scouts gives back to the community, and
participate in all local events, such as giving out cookies to the Veterans on Memorial Day.
She asked for $7,600.00 initialy, in CDBG funds to support the local organization for dues &amp;
fees for members that cannot afford it, and the organization will match this. This grant will
increase over a period of 3 years from the initial $7, 600.00 investment.
Mayor Wray responded and stated that a resolution endorsing this request would be added
to the today's agenda.
Trustee Reports:
Trustee Schroedel: Reported that on Saturday, May 21^, 2011, it was the
year of the
of the Village of Sleepy Hollow Police Award Ceremony, he stated that it was not very well
attended but a lot of awards were given to our police officers and to some citizens as well.
The Finance committee met and received a narrative report from the auditors and, Sara
DiGiacomo will present it to the Board, and then it will be made public.
Trustee Carr: Reported that she did not meet with seniors in the last two weeks. She
stated that Douglas Park is ready to be played on and that all trees that were planted are
doing well except for one.
Trustee Campbell: Reported that the Communications committee should be on the
agenda next meeting to discuss sharing channels with Tarrytown. He also stated that
Trustee Carr and Anthony Giaccio met with the Chamber of Commerce to prepare for
Halloween. Trustee Campbell also reported that Memorial Day weekend is coming and
reminded everyone to use the parks responsibly; party groups of 20 or more people requires
a permit, and groups larger than 50 people at Kingsland Park is not allowed.
Deputy Mayor Capossela: Reported that fire hydrant flushing is being done this week in
the Manors. He stated that Devries field flooded again and it's now being worked on.
Deputy Mayor Capossela reminded everyone that the Village Departments are closed on
Monday for Memorial Day and garbage pickup will be on Tuesday for all routes.

�Trustee Wompa: Reported that the Administration Committee met to discuss employee
contributions. Trustee Wompa also stated that the fagade work will start at the J&amp;G Deli.
Trustee Stupel: Reported that there were 12 cases on the calendar for Thursday, May
26^^ 2011. Court judgments to date total $158,850.00. Trustee Stupel also reported that
inspection of properties is ongoing and there will be a walk done through Beekamn Avenue
with some Committee Members for a review of storefront violations, this will be done
weather permitting.
Administrator's Report:
Mr. Giaccio stated that on Thursday, May 26"^, there will be a party at l:pm at the Senior
Center and all are invited. He stated that on Tuesday, May 31®^ there will be a ribbon
cutting ceremony at 10:00 a.m. at the KW Davis Bathhouse. Mr. Giaccio also stated that
congratulations are in order for Paula McCarthy, Village Clerk, who was elected
Vice
President for the Municipal Clerks Association of Westchester County,
A Filming company would like to use the Senior Center from June
to
for staging. In
addition Mr. Giaccio read aloud the Storm Water Report, which is required by law.
See attached.
Resolutions:

(see attached)

Discussion ensued and one resolution regarding personnel salaries was tabled.
Communications:
The Village Clerk stated that the Mobile Shredder will be in Sleepy Hollow on June 17^*^ from
10am to 2:pm and the Westchester County Mobile Passport will be in Sleepy Hollow on July
12^ form 3:00 p.m. tO 7:00 p.m.
Public Comments;
Daniel Scott of River Street, addressed the Mayor and the Board and made several
suggestions and recommendations regarding the Village's rules and procedures. He
suggested that meeting agendas should be available with more advance notice and that
email alerts should be sent out regarding such.
Mr. Scott also stated and recommended that the Village Committees should be listed on the
website with contact information, and that all Committee meetings should be opened to the
public and minutes should be made available for the public to review.
He suggested that Village Code should be on the website, and said this should be a high
priority. Mr. Scott asked the Board of Trustees to consider these suggestions and adopt a
motion regarding the same.

�At 8:40 pm on motion by Trustee Campbell, seconded by Trustee Stupel the meeting was
adjourned.

Respectfully submitted,
,
J
I /I^
III
^ ^
Paula A. McCarthy
Village Clerk

'

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                    <text>Minutes of the Board of Trustees
Village of Sleepy Hollow
The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, May
17, 2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Thomas Capossela
Karin T. Wompa
Evelyn R. Stupel
Bruce R. Campbell
Barbara J. CanDavid L. Schroedel

Trustees

Also Present: Anthony Giaccio, Village Administrator
Janet Gandolfo, Village Attorney
Rich Gross, General Foreman
Sean McCarthy, Village Architect
Greg Camp, Police Chief
Mayor Wray called the work session to order at 7:00 p.m.
RIVERTOWN RUNNERS - Kristen Idalski and Todd Ruppel from the Rivertown Runners
gave a report on the half marathon. There were approximately 600 runners and 100 volunteers.
The event was a huge success. The Rivertown Runners presented the "Kids Club" with a check
for $10,000 from proceeds raised by the event. They also made donations to the Ambulance
Corp. and Fire Department.
CDBG PRESENTATION ^ Angelo Trulio from the Open Door Family Medical Center made
a presentation on the Open Door's Community Development Block Grant application. The Open
Door is requesting $54,375 to purchase medical equipment for their new location located on
New Broadway. The total project cost is $72,500 and the Open Door will provide a 25% match.
At 7:20 the meeting was adjourned.
Respectfully submitted,
Anthony Giae6io, Village Administrator

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                    <text>Resolution for Public Hearing on Riverfront Development
Concept Plan and Special Permit for General Motors
Be It Resolved, the Village of Sleepy Hollow Board of Trustees, does hereby
schedule a public hearing to hear and consider comments from members of the
public on the amended submission for a Riverfront Development Concept Plan
and Application for a Special Permit submitted by General Motors Corporation for
property located at 199 Beekman Avenue, Sleepy Hollow, NY, on Tuesday, June 7,
2011 at 7:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York,
10591.
Moved: Trustee Schroedel

Seconded: Deputy Mayor Capossela

Vote: 6-0

�WHEREAS, the sewer nnain on Cortlandt Street is old, with cracks and separations which
allow stornn and ground water to infiltrate and fill up pipe capacity; and
WHEREAS, illegal lateral connections from private properties to the sewer main further
negatively impact the capacity of the sanitary sewer pipe; and
WHEREAS, the stormwater drainage system is inadequate, with no catch basins on the
top three-quarters of the street, which overwhelm the first catch basin a little north of the
intersection with Clinton Street and lead to flooding; and
WHEREAS, the sewer improvements to Cortlandt Street consisting of extending the
stormwater sewer to Beekman Avenue, lining the sewer main, replacing missing sections
and disconnecting illegal connections, will alleviate flooding, lessen the impact on the
Yonkers Wastewater Treatment Plant and prevent backups into the basements of
residential and mixed-use buildings; and
WHEREAS, preliminary construction estimates totaling $450,000 have been prepared for
the Cortlandt Street sewer improvements; and
WHEREAS, the Community Development Block Grant program does not permit the
required survey nor engineering soft costs to be included in the total project cost, and
these would need to be funded by the Village; and
WHEREAS, on May 3, 2011 a public meeting was held to review the Village's planned
application for Community Development Block Grant funding to undertake the planned
improvements and no negative comments were received.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow does hereby authorize the submission of an application for $337,500 in
funds from the Westchester County Community Development Block Grant program, and,
upon the funding of said amount, commits to provide $112,500 in matching funds.
Moved: Trustee Carr

Seconded: Deputy Mayor Capossela

Vote: 6-0

�Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Submission of a Community Development Block Grant
Application for Pedestrian Safety Improvements at
Beekman Avenue and North Washington Street
WHEREAS, the intersection at Beeknnan Avenue and North Washington Street is a heavily
trafficked pedestrian route from the inner village residential neighborhoods to the public
schools, businesses, daycare programs, civic buildings and houses of worship; and
WHEREAS, the traffic signal in this intersection has only four of eight necessary
pedestrian signals which is very confusing to pedestrians trying to cross the roacl(s),
inadequate drop curbs, is not ADA compliant and has a one head signal which does not
comply with the latest standards; and
WHEREAS, a signal study of this intersection was conducted by Westchester County in
2004; and
WHEREAS, the pedestrian safety improvements to the intersection will consist of new
traffic and pedestrian signals and their posts, the associated power boxes, controllers and
sensors and concrete drop curbs; and
WHEREAS, preliminary estimates totaling $145,000 have been prepared for the Beekman
Avenue and North Washington Street pedestrian safety improvements; and
WHEREAS, on May 3, 2011 a public meeting was held to review the Village's planned
application for Community Development Block Grant funding to undertake the planned
improvements and no negative comments were received.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow does hereby authorize the submission of an application for $108,750 in
funds from the Westchester County Community Development Block Grant program, and,
upon the funding of said amount, commits to provide $36,250 in matching funds.
Moved: Trustee Campbell

Seconded: Trustee Carr

Vote: 6-0

�WHEREAS, The Village of Sleepy Hollow's adopted Local Waterfront Revitalization
Program (LWRP) identified Clinton Street as a street to be rehabilitated to better serve the
residents of the surrounding area; and
WHEREAS, the rehabilitation of Clinton Street is an identified project and a key
component of the Village's redevelopment plan; and
WHEREAS, the rehabilitation of Clinton Street consisting of replacement of broken curb
and sidewalks, installation of storm drainage and planting of new street trees will connect
to recently undertaken and completed improvements to adjoining streets; and
WHEREAS, preliminary construction estimates totaling $225,000 have been prepared for
the Clinton Street streetscape improvements; and
WHEREAS, the Community Development Block Grant program does not permit the
required survey nor engineering soft costs to be included in the total project cost, and
these would need to be funded by the Village; and
WHEREAS, on May 3, 2011 a public meeting was held to review the Village's planned
application for Community Development Block Grant funding to undertake the planned
improvements and no negative comments were received.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow does hereby authorize the submission of an application for $168,750 in
funds from the Westchester County Community Development Block Grant program, and,
upon the funding of said amount, commits to provide $56,250 in matching funds.
Moved: Deputy Mayor Capossela

Seconded: Trustee Stupel

Vote: 6-0

�WHEREAS, the rehabilitation of North Washington Street between Beekman Avenue and
its terminus north of Howard Street is an identified project to improve the safety and
appearance of this densely developed section of the inner village next to the Morse
Elementary School; and
WHEREAS, the rehabilitation of North Washington Street consisting of replacement of
broken curb and sidewalks, replacement of asphalt driveways and drainage improvements
will connect to recently undertaken and completed improvements to adjoining streets; and
WHEREAS, preliminary construction estimates totaling $210,000 have been prepared for
the North Washington Street streetscape improvements; and
WHEREAS, the Community Development Block Grant program does not permit the
required survey nor engineering soft costs to be included in the total project cost, and
these would need to be funded by the Village; and
WHEREAS, on May 3, 2011 a public meeting was held to review the Village's planned
application for Community Development Block Grant funding to undertake the planned
improvements and no negative comments were received.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow does hereby authorize the submission of an application for $157,500 in
funds from the Westchester County Community Development Block Grant program, and,
upon the funding of said amount, commits to provide $52,500 in matching funds.
Moved: Trustee Wompa

Seconded: Trustee Carr

Vote: 6-0

�WHEREAS, the senior van of the Village of Sleepy Hollow is old, having been leased
secondhand from Westchester County in 2004, requires frequent and expensive repairs
and maintenance, and is becoming unreliable, having refused to start a number of times
recently; and
WHEREAS, the senior van is used daily transporting seniors to senior club meetings,
doctors appointments, the nutrition program, supermarkets, the new Sleepy Hollow James
Galgano Senior Center, recreation activities including swimming at Kendall on Hudson and
special events; and
WHEREAS, a preliminary estimate totaling $67,000 has been prepared for the purchase
of a new twenty-five seater van; and
WHEREAS, on May 3, 2011 a public meeting was held to review the Village's planned
application for Community Development Block Grant funding to undertake the planned
improvements and no negative comments were received.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow does hereby authorize the submission of an application for $50,250 in funds
from the Westchester County Community Development Block Grant program, and, upon
the funding of said amount, commits to provide $16,750 in matching funds as well as the
driver, insurance and gas to operate the van.
Moved: Trustee Stupel

Seconded: Trustee Wompa

Vote: 6-0

�WHEREAS, the Village of Sleepy Hollow wishes to purchase a trolley to run a loop around
the Village, connecting the low and moderate income residential areas with the schools,
business district, Bee-Line bus routes and Metro North commuter train station; and
WHEREAS, it is anticipated that the route would be expanded to include the new Open
Door Medical Center facility on Route 9 which is anticipated to open in 2015; and
WHEREAS, a preliminary estimate totaling $200,000 has been prepared for the purchase
of a new trolley; and
WHEREAS, on May 3, 2011 a public meeting was held to review the Village's planned
application for Community Development Block Grant funding to undertake the planned
improvements and no negative comments were received,
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow does hereby authorize the submission of an application for $150,000 in
funds from the Westchester County Community Development Block Grant program, and,
upon the funding of said amount, commits to provide $50,000 in matching funds.
Moved: Trustee Schroedel

Seconded: Trustee Campbell

Vote: 6-0

�WHEREAS, the Village of Sleepy Hollow's adopted Local Waterfront Revitalization
Program (LWRP) identifies Beekman Avenue as the principal accessway linking Route 9
through the inner village to the waterfront and in need of rehabilitation to better serve the
residents of the surrounding area and the future redevelopment of the village; and
WHEREAS, the current street lights on Beekman Avenue are inefficient and in poor
condition with corrosion of the light pole pedestal bases that threaten their stability; and
WHEREAS, estimates have been received for replacement lights with thicker bases that
are zinc coated and which will cast larger pools of light than the existing fixtures, thus
enhancing the overall lighting on Beekman Avenue; and
WHEREAS, such enhanced lighting and the installation of fixtures which are both
historically oriented and aesthetically pleasing will assist in making the main street more
pedestrian friendly and contribute to the revitalization of the village's downtown; and
WHEREAS, additional lights on the poles alongside W.L. Morse School will provide lighting
to the newly rehabilitated Morse Park for extended use and enhanced security, and
WHEREAS, preliminary cost estimates totaling $216,000 have been prepared for the
Beekman Avenue street lighting safety improvements; and
WHEREAS, on May 3, 2011 a public meeting was held to review the Village's planned
application for Community Development Block Grant funding to undertake the planned
improvements and no negative comments were received.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of
Sleepy Hollow does hereby authorize the submission of an application for $162,000 in
funds from the Westchester County Community Development Block Grant program, and,
upon the funding of said amount, commits to provide $54,000 in matching funds.
Moved: Trustee Carr

Seconded: Trustee Campbell

Vote: 6-0

�WHEREAS, Acting Village Justice, Alphonse M. Naclerio by the attached letter dated May 6,
2011, submitted his resignation from the Village of Sleepy Hollow;
NOW, THEREFORE, BE IT RESOLVED, that the Village Board accepts the resignation notice
of Alphonse M. Naclerio dated May 6, 2011 and effective May 31, 2011, with thanks and
appreciation for his services to the Village.
Moved: Trustee Campbell

Seconded: Trustee Stupel

Vote: 6-0

�A l p h o n s e M. Naclerio
1 39 Barton Road
White Plains, New York 10605
914 - 428 - 6492

May 6, 2011

mr

Jo

Hon. Kenneth Wray
Mayor of the Village of Sleepy Hollow
Village Hall
28 Beekman Avenue
Sleepy Hollow, New York 10591
Dear Mayor Wray:
I hereby tender my resignation from the position of Acting Village Justice of the
Village of Sleepy Hollow effective May 31, 2011.
I wish to express my appreciation for having been given the opportunity to serve
the people of Sleepy Hollow in this position. I also want to thank you and the Village
Board for the support given to me and to the Court during the time I have served.
Very truly yours,

(ill
Alphonse M. Naclerio
Acting Village Justice

�Whereas, the Sleepy Hollow Ambulance Corps has requested the Board of Trustees
hire personnel to complete paperwork mandated by NYS for quality assurance/quality
improvement and to file paperwork for revenue recovery, and
Whereas, the Public Safety Committee is recommending to the Board of Trustees that
said personnel be hired;
Now Therefore be It Resolved, the Board of Trustees hereby authorizes the Mayor
to enter into a consulting retainer with Andrea Zambrano to perform the
aforementioned tasks, and
Be It Further Resolved that Ms. Zambrano shall be paid the sum of $600 per month
pursuant to a retainer agreement to be drafted by village counsel effective upon mutual
execution of the retainer.
Be It Further Resolved that Ms. Zambrano shall be an independent consultant, not a
part-time employee.
Moved: Trustee Schroedel

Seconded: Trustee Wompa

Vote: 6-0

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday,
May 10, 2011, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Thomas Capossela
David Schroedel
Barbara Carr
Bruce Campbell
Karin Wompa
Evelyn Stupel, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Gregory Camp, Police Chief
At 7:02 pm, the Mayor called the meeting to order with a pledge to the flag.
The Mayor asked for a moment of silence for Pat Ramsey and James Blalock who recently
passed away.
Approval of Warrants Trustee Carr made a motion to approve the warrants as submitted.
Trustee Schroedel seconded. It was unanimous (6-0).
Approval of Minutes The Board reviewed the minutes of the 03/22/2011, 04/19/2011 and 04/28/2011 meetings.
Trustee Carr made a motion to approve the minutes of 03/22/2011 and 04/19/2011 as
submitted. Trustee Campbell seconded. It was unanimous (6-0).
Trustee Carr made a motion to approve the minutes of 04/28/2011 as submitted.
Trustee Stupel seconded. It was unanimous (4-0)
Trustees Schroedel and Trustee Campbell abstained.
Mayor announcements Mayor stated that a Resolution calling for a public hearing is on the agenda for June
for
the special permit for General Motors. Mayor thanked everyone that presented at each
session, and wants to assure all comments will be incorporated on June

�Mayor stated that some wrecked vehicles were in the General Motors lot for firefighter
training as they respond to many cars and truck accidents. He stated that this event was
sponsored and all vehicles were donated by John Stiloski. He also thanked Robert Morris for
the class which was a great benefit for the village.
Mayor congratulated James Yancey and Wendy Brand, Village employees, for the birth of
their new baby girl.
Public Comments Mayor opened the meeting to public comments and evoked the 5 minute rule.
Robin Pell, Recreation Supervisor, addressed the Mayor and the Board and submitted a
petition with 163 signatures in favor of the Morse school afterschool program. She stated
that by closing the afterschool program families will struggle.
Scott Burnett of Sleepy Hollow addressed the Mayor and the Board and stated that all three
of his children attend the afterschool program and all the individuals working there are like a
family. The program is a great resource to assist the kids with their homework.
Don Cateano of 43 Lawrence Avenue addressed the Mayor and the Board and asked about
the Heavy Equipment Operators position. Mayor responded that it's a personnel matter.
Don Cateano stated that the Board is eliminating a position that has been in place for over
40 years. He said that a Heavy Equipment Operator is a necessity in the community. He
stated that to contract out these services would cost a lot of money.
One of the afterschool parents addressed the Mayor and the Board and asked the Mayor to
clarify the information about the YMCA. He asked if the Village is saving by cutting out the
program. He also asked if anyone on the Board has a kid in the afterschool program.
Mayor responded that there are two programs at the school and the YMCA is willing to take
over. He added that the YMCA provides scholarships for the families based on need up to
75% of the cost. The Mayor also stated that the Board tries to make decisions that are in the
best interests of the Village, and that cutting out the program will save the Village
$40, 000.00
A parent from Sleepy Hollow addressed the Mayor and the Board stating that she has two
children in the afterschool program and she had taken her kids out of the YMCA because she
couldn't afford it.
Robin Burnett, of Sleepy Hollow, addressed the Mayor and the Board and stated that she has
4 children. She stated that it's a choice for the Board but not for the residents. She also
stated that the YMCA is not feasible and she won't qualify for a scholarship; in addition she
works in the city and has piece of mind knowing that her kids are safe at the after school
program. She said her 6 year old will be devastated.

�Taylor Burnett, a student at the program, addressed the Mayor and the Board and stated
that she was able to finish her homework and get the help she needed and if she had to walk
home every day she would not get help with her homework.
Wayne, a resident of Sleepy Hollow, addressed the Mayor and the Board and asked the
Mayor what tool was used to make this decision. He stated that a lot of the students grew
up together and the staff is great. He stated that these adults are caring and neutering and
they're very good to his children.
Mayor responded that the budget was the tool used to make the decision to end the
afterschool program.
Trustee Campbell said he heard the YMCA program was excellent, it is more expensive but it
is a quality program.
Brian Weaver, an afterschool parent addressed the Mayor and the Board and stated that he
has a limited income. He commented that Robin's program is an excellent program. He
asked the Board for suggestion for the parents that can't afford the YMCA.
Trustee Schroedel responded that the mission of the Village is not education.
Juanna Elsevyf of Sleepy Hollow addressed the Mayor and the Board and stated she has a
son in the program and the YMCA is for people with a lot of money. She stated that parents
struggle and children will be on the streets after school if the program is abolished.
Mr. Sal Roman, resident of Tarrytown, stated that he works in City Hall in New York. It is a 2
hours commute on a perfect day. He stated that his daughter has been in the program for 5
years and has never complained. The statf ensures that all kids do their homework without
computers and the YMCA is charging over $300 with overhead costs. He said if there are no
affordable programs for our kids he will move out.
Colleen Ramey, of Sleepy Hollow addressed the Mayor and the Board and stated that the
YMCA has no parking, her grandson, Kevin, used to go there and was lost and the staff didn't
know where he was.
Mr. Frank Rey stated that the Trustees are here to do good for the community. He stated
that the program is run so well. He asked if any staff will be lost.
Mayor responded that the YMCA is willing to take staff on.
Mario Belanich said that in the last two years, social security has not increased one penny.
He stated that his two kids were born here and in the past, there was no afterschool
program. He said that everyone is working but sometimes we have to sacrifice.
Robin Pell addressed the Mayor and the Board and stated that no one spoke to her about the
school budget. She stated that this program existed before the YMCA program and there are

�40 people on the waiting list. She stated that the YMCA has 18 kids. She asked that the
Board see the program operate with the kids that attend It. She stated that she does not
understand the Board's reason to take this away and the kids deserve better.
Mr. Pasquerielio addressed the Mayor and the Board and stated that the Board did not cut
the senior citizen programs because they are voters. He asked the Board to explain what
part of the budget that was increased related to kids.
Hunter Burnett, a student at the program addressed the Mayor and the Board and said he is
in
grade honors and that he learned a lot at the afterschool program. He stated that he
wouldn't be in honors if it weren't for the after school employees.
Don Cateano addressed the Mayor and the Board again and said that the Trustees should not
cut this program. He stated that there are other places to cut and be eliminated.
Tracy Hatch, Stella Sessions and Edric Weaver all students of the afterschool program
addressed the Mayor and the Board and stated they enjoy the program because it helps
them do well in school and make friendships.
Joe Mosey of Sleepy Hollow asked about the research and data the Board used to choose the
YMCA over the current program.
Trustee Wompa stated the Village doesn't run the YMCA program.
Another parent of the after school program, stated that there may be other options to grow
this program and evaluate it. He stated that there was no thought put into this decision.
Tracy Bonoso, a Village recreation employee, addressed the mayor and the Board and asked
if the Board could guarantee that parents can get a scholarship if they can't afford the YMCA.
Trustee Schroedel responded that the Board looked into the scholarship issue. He stated
that there are other institutions in the community with this program. He also stated that the
Board did not make a judgment about the program. He also stated that Board spent
hundreds of hours studying the budget. He stated that it is not the Board's mission to
educate children, and it's the Village's responsibility to look at police, sanitation, and other
Departments. Trustee Schroedel also stated that the criteria that the Board used were "is it
the village's responsibility to educate children after school?"
Pamela Sessions of Sleepy Hollow stated that the afterschool program is not to educate the
children but a place for the children to go to that is safe. She stated she is a single parent
and she stated that she tried the YMCA and Elizabeth Masca and her kids are happier at
Robin's program. She also stated that she has never lived in a place that had garbage pickup two times a week.
Mr. Sagar from Phillips Manor stated that he sends his son to the afterschool so he is safe.
He stated that he tried the YMCA and he was not satisfied and the Board should consider

�cutting out cell phones, and celebrations, Halloween and the street fairs instead. He believes
most people would agree with him.
Mario Belanich addressed the Mayor and the Board again and stated that he is not against
the kids but he does not want property taxes increased because of this program.
Deputy Mayor Capossela said the Village of Tarrytown does not help with this program.
No further comments were made at this time.
The Board unanimously agreed to take a 2-minute recess.
Trustee Reports:
Trustee Schroedel
Trustee Schroedel stated that the Public Safety Committee met this evening regarding a
Federal mandate on narrow band radio requirements. Many existing radios can be upgraded.
And the Public Safety Committee will review the specifications and turn it over to finance for
review. Trustee Schroedel reported that there is a Resolution (RIO) for the ambulance corp
and that there is a 4 years back log of paperwork that needs to be submitted. NYS allows 2
years to be submitted so a part-time person will help to process this paper work.
Trustee Carr
Trustee Carr reported that the Friends of Douglas Park had a fun "family day" and many
families worked to build a rock maze and planted about 30 native plants.
Trustee Campbell
Trustee Campbell stated that the Community Relations Committee met and there was a
discussion with Tarrytown to share a public access station. Trustee Campbell also reported
that the Halloween planning ^ents are in the early stages.
Deputy Mayor Capossela
Deputy Mayor Capossela stated that trees are being pruned and drains are being cleaned.
Devries Field was under water 6 weeks ago and the DPW staff has been working on getting
the field ready for opening night tomorrow. Deputy Mayor stated that on May
he
attended the Aqueduct ceremony, which was well attended.
Trustee Wompa
Trustee Wompa stated that the Police Officers award ceremony at the Galgano Senior Center
will be held on May ll^K Some grants have been given to, the Callas family, $18, 000.00 for
fagade renovations at 92 Beekman; 22 Beekman Ave received $1300 and Daniel Diaz will
receive $9000. She also stated that the Fagade Improvement Grant expires in December and
it's not hard to apply for it. The grant may be up to $10,000 for fagade improvements.
Anyone is interested should email her directly.

�Trustee Stupel
Trustee Stupel stated that she met with the Village's IT group and the Village Treasurer to
discuss new progranns. Trustee Stupel reported that the Village Court had 16 cases and
people are making an effort to comply, and the inspection of multi families and store fronts
continues.
Administrator's Report Anthony Giaccio stated that the storm water management report will be discussed at the
next meeting. He met with the SH Volunteer Ambulance Corp and Proclaim for
party
billing and the Village has a new system in place which will help keep track and reporting for
budging time.
Mr. Giaccio reported that the Kendal Avenue sidewalk project went out to bid. The results
will be discussed at the next work session. The Devries Park playground project will start in
mid-July and must be completed by the end of the year. He also stated that the bathhouse
is now renovated and there was generous donation made by Katherine W. Davis.
The ribbon cutting ceremony is scheduled for 10:am scheduled on May
He also stated
that Paramount Pictures had contacted the Village Clerk regarding the possibility of making a
movie in the Village.
Resolutions See attached.
Old BusinessTrustee Wompa asked about the flowers and fence at Morse School, she's concerned that the
kids are walking thru the flower beds.
She also asked when the Recreation Dept. will be moving to the Galgano Senior center.
Anthony Giaccio stated that it shall be completed in two weeks.
Trustee Campbell asked about new plastic recycling requirements. He stated that the county
is now increasing the types of plastics that they will accept.
Deputy Capossela stated that no recycling can be placed in plastic bags.
The Mayor reminded everyone that leaf blowers are not permitted in the summer months.
The Mayor read a letter from John Sutherland thanking Tom Capossela and the Village for
the repairs to Devries Field.
Communications Paula McCarthy stated that the Village Clerk's office received a letter from John Edwards
regarding the Village's Zip Code.
The Mayor spoke about the process for getting back the 10593 zip code for Sleepy Hollow.

�Paula McCarthy stated that the Village Clerk's office received a request for a liquor license for
128 Cortlandt Street. She also stated that letters were mailed out to all landscapers with
permits. She stated that the letter describes the leaf blower law.
Public Comments James West asked about the GM PILOT'S agreement and asked if it was voided due to GMs
bankruptcy.
Trustee Schroedel explained that this was reviewed in detail by the Village.
No further comments were made at this time.
At 9:25pm, Trustee Wompa made a motion to go into executive session to discuss personnel
matters. Trustee Schroedel seconded. Trustee Campbell voted no. Motion passed 5-1.
At 9:35, Trustee Campbell made a motion to come out of executive session. Trustee Stupel
seconded. It was unanimous.
The Mayor stated that personnel matters were discussed and no action was taken.
At 9:36 pm. Trustee Schroedel made a motion to adjourn the meeting.
Trustee Campbell seconded. It was unanimous.
Respectfully submitted,

Paula A. McCarthy
Village Clerk

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                    <text>Minutes o f th e Boar d o f Trustee s
Village o f Sleep y Hollo w
The Boar d o f Trustees o f the Villag e o f Sleep y Hollo w hel d a Work Sessio n o n Tuesday , Ma y 3 ,
2011 i n Villag e Hall , 28 Beekma n Avenue , Sleep y Hollow , New York .
Present: Mayo

r Kennet h G . Wra y
Thomas Capossel a
Kai'in T. Womp a
Evelyn R . Stupe l
Bruce R . Campbel l
Barbara J. Car r Trustee

s

David L . Schroede l (absent )
Also Present : Anthon y Giaccio , Villag e Administrato r
Janet Gandolfo , Village Attorne y
Rich Gross , Genera l Forema n
Mayor Wra y calle d th e wor k sessio n t o order a t 7:0 5 p.m .
CDBG PUBLI C HEARIN G ^ Mr . Giacci o rea d th e public hearin g notic e (attached )
The Mayo r informe d the public tha t a presentation wa s mad e a t the las t work sessio n o n eac h o f
the Village' s seve n propose d Communit y Developmen t Bloc k Gran t applications . A summar y o f
the projects is attached. Ther e wer e n o comment s relate d t o these projects .
COMMUNITY OPPORTUNIT Y CENTE R PRESENTATIO N - Representative s fro m th e
Community Opportunit y Cente r (COC ) mad e a presentation t o the Village Boar d outlinin g thei r
Community Developmen t Bloc k Gran t application . Th e CO C i s requesting $560,00 0 fo r buildin g
improvements includin g a new roof , new floors an d a n industria l kitchen . Th e CO C wil l
contribute $190,00 0 toward s th e total projec t cos t o f $750,000 . Severa l individual s spok e i n
support o f the Communit y Opportunit y Center . Comment s included ,
Gail Alexande r sai d tha t sh e had los t her job an d tha t the COC' s foo d pantry ha s
helped he r to provide meal s fo r her family , (letter attached) .
Olivia Clayton support s al l of the programs offere d by the COC .
Ms. Washingto n i s a graduate o f Sleep y Hollo w Hig h Schoo l an d th e CO C ha s helpe d
her t o find a job.

�John Carpente r sai d tha t the Institut e o f Applied Huma n Dynamic s utiHze s th e
gymnasium a t the COC .
Sara Miles work s fo r the Urba n Leagu e an d sai d tha t th e CO C i s an asse t t o th e
community.
Robin Goo d sai d that the CO C ha s helped he r so n find a job an d ha s provide d suppor t
whenever needed .
KOREAN CHURC H O F WESTCHESTE R PRESENTATIO N ^ Representative s fro m th e
Korean Churc h o f Westcheste r mad e a presentation t o the Villag e Boar d outlinin g thei r
Community Developmen t Bloc k Gran t application . Th e Korea n Churc h i s requesting $60,00 0 fo r
a musi c enrichmen t progra m an d a literacy progra m fo r children. Th e Korea n Churc h wil l
contribute $15,00 0 towards the total projec t cos t o f $75,000 , whic h wil l b e sprea d ou t ove r thre e
years. Ther e wa s one commen t i n suppor t o f the Church' s programs .
CABLEVISION FRANCHIS E AGREEMEN T PUBLI C HEARIN G ^ Mr . Giacci o rea d th e
public hearin g notic e (attached )
Robert Hoc h fro m Cablevision summarize d th e terms o f Cablevisio n Franchis e Agreement .
Pamela Goldstei n fro m Verizon sai d tha t th e agreement i s unfair . Ms . Goldstei n cite d a lette r
from Lincoln Janus , Franchis e Manage r fo r Verizon (attached) , whic h outline d Verizon' s views .
Marian Arria n fro m the Alliance fo r Community Medi a spoke . Ms . Anna n feel s the agreement i s
beneficial to the Village , bu t mor e shoul d b e done t o enhance publi c access .
Dave Warre n i s on the Communit y Medi a Boar d an d feel s that th e Villag e shoul d tak e advantag e
of the talent i n the community t o produce publi c acces s show s lik e "th e lighthouse" . Mr . Wan"e n
feels strongly tha t the Villag e shoul d fun d Community Media .
Bill Hamme r believe s tha t Verizo n an d Cablevisio n shoul d wor k togethe r i n the bes t interest s o f
the Village . Mr . Hamme r use d th e example o f the Hallowee n Brandin g Committee' s effort s to
get sponsor s a s a way tha t workin g togethe r ca n produc e results .
Sunny McClea n wante d t o know wha t th e Village Board' s view s wer e wit h regard s t o publi c
access. Th e Mayo r informe d Ms. McClea n tha t he r comment s wer e no t relevan t t o the publi c
hearing. Discussio n ensued .
Robert Hoc h sai d that h e would respon d t o Verizon's comments .
Marian Arria n gav e he r suppor t fo r Community Media .

�Sunny McClea n commente d o n public access .
WATER RESERVIO R ^ Davi d Smit h mad e a presentation o n th e wate r reservoir . Th e Boar d i s
considering a n alternativ e pla n t o construc t a new wate r tan k directl y ove r the existin g wate r
tank.
GM SPECIA L PERMI T - Th e Mayo r announce d tha t there wil l b e a vote on th e Genera l Motor s
Special Permi t a t next week' s Boar d Meeting .
SPECIAL SESSIO N
On a motion mad e b y Trustee Capossel a an d seconde d b y Truste e Womp a an d carrie d
unanimously th e Boar d move d t o specia l session .
Motion wa s mad e b y Truste e Capossel a an d seconde d b y Trustee Womp a t o approve th e hirin g
of Ovidi o Flore s to the position o f crossing guard . Th e motion passe d 6-0 .
On a motion mad e b y Truste e Campbel l an d seconde d b y Trustee Car r an d carrie d unanimousl y
the Boar d move d ou t o f special session .
At 9:0 2 p.m . th e meeting wa s adjourned .

Respectfully submitted ,

Anthony^jiaccio, Villag e Administrato r

�Public Hearing Notic e
Please take notice that a public hearing will be held by the Board of Trustees of
the Village of Sleepy Hollow on Tuesday. Ma v 3rd . 2011 at 7:00p m a t Village
Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hea r and consider
comments from member s of the public on the proposed 2012-2014 Community
Development Bloc k Grant Applications for funding of pedestrian safety
improvements a t Beekman Avenue and Washington Street, street ligh t
replacements on Beekman Avenue, sewer improvements on Cortlandt Street,
streetscape improvements on Clinton Street and North Washington Street , a new
senior bus and an alternative fuel trolley to ru n on a loop around the downtow n
triangle
Any resident of the Village of Sleepy Hollow is entitled to b e heard upon said
proposed applications at said public hearing. Villag e hall is accessible to the
handicapped.
By Order of the Boar d of Trustees of the
Village of Sleepy Hollow
Dated: Apri l 20, 2011
Paula A. McCarthy
Village Clerk
Village of Sleepy Hollow

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Aiil) iioHl H a Strrxti Maiia^eiiirn t Srinina r ^ ^

On Januar y 20 , 2011 , Dr . Pave t Fadeev , Coordina tor o f Psycholog y a t lAHO , hoste d a semina r o n
Stress Managemen t an d Interpersona l Effective ness. Durin g th e seminar . Dr . Fadee v offere d in formation as to ho w peopl e can best manag e thei r
stress during their everyda y lives , in the workplac e
and i n other area s of lif e as well. Stres s can creat e
a wid e rang e o f sign s an d symptom s whic h ca n
have a negativ e impac t o n the wa y a person feels .
Dr. Fadee v emphasize d th e importanc e o f recog nizing th e sid e effect s o f stres s an d learnin g ho w
to dea l wit h the m i n way s tha t tak e car e o f th e
body an d mind . Thi s ca n Increas e productivit y i n
the an d ca n improv e relationship s i n an d outsid e
of th e workplace . I f you happene d t o hav e misse d
the semina r and/o r woul d lik e mor e information ,
please email pfadeev@iahdny.org .

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^ ^ ^ lAIID-St . Jiidr't i Ne w (Kimiiiuiiil&gt;^(loiiii(*rtio n

IAHD is continuously "o n the move " i n the commu nity, and i n recent months , we hav e bee n successful i n establishing a few ne w relationship s i n Tarrytown. On e o f the m i s with th e Communit y Oppor tunity Cente r o f Tarrytow n locate d o n 10 5 Wilde y
Street. This community center currently serves as a
place where peopl e attendin g the IAH D program i n
Tarrytown ar e abl e t o participat e i n athletic activi ties, suc h a s basketball , baseball , football , socce r
etc. Three times a week, the me n and women fro m
the IAH D progra m hav e complet e acces s t o th e
gymnasium o n site. Ou r staff , our progra m partici pants and th e peopl e wh o work at th e Communit y
Opportunity Cente r anticipat e a successfu l com munity partnershi p an d man y mor e activitie s an d
events in the future !

(AbOKTl cortununllv Omnnuntr ifMtr of I*f&gt;tl«m hxMn) on
IW WMrr

twrnonrii , NY lOW?

^ . Th e aiwncv wwnt o to f c o o n l M vou r accomplishmenta l Th e deadlin e fo r submissions t o th e nex t
^ to
Friday
. Marc h 4 . 2011i* &gt;

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Augustin
Dorego

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On Friday, February 4, 2011, a recognition ceremony was held for two St. Jude employees, Augustin
Dorego, Behavior Management Trainer, and Orlando DeLeon, Mental Health Therapist. These two gentlemen were responsible for performing CPR which resulted in saving the life of one of the individuals,
Desmond, who attends the St Jude Day Hobilitation Program. Other staff were also on hand to lend support and to ensure that Desmond benefitted from fast acting and emergency assistance. Augustin has
been employed at lAHD-St Jude 17 Years, and Orlando has been with IAHD-5t. Jude for approximately 7
years. On Decemt&gt;er 8, 2010, both of these staff members exhibited exemplary dedication and commitment to their job and to people supported at lAHDl Congratulatioris to you both on being recognized as
lAHD's Employees of the Quarterl £
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DOING GOOD AWARDS
Keep you r eye s ope n fo r lAHD' s Administra tive Staf f visrting various programs to not e th e
good things that happe n in our programs . As a
new initiative . Administrativ e Staf f wil l distrib ute raffl e ticket s t o staf f wh o ar e especiall y
engaged and invoh/ed i n various activities wit h
the peopl e the y support . Th e Administrativ e
Staff wil l mar k th e staff s nam e an d work ks cation on the back s of the ticket s and wil l add
them int o a raffl e pool . A t th e en d o f th e
month, ticket s wil l b e randoml y pulle d an d
prizes wj H b e distributed . Remember , raffl e
tickets wil l b e earne d accordin g to th e qualit y
of Interaction betwee n staff and individuals as
well a s th e wor k bein g performe d b y staff .
Keep a n ey e o n "Applause" I n th e futur e fo r
additional information .

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AKNOWLEDGMENTS

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St. Mar/ s Teache r Aide s are takin g advantage
of th e NY S Educatio n Incentiv e Pro^^m . Thi s
scholarship progra m help s t( 3 pay fo r trainin g
and education needed to provide quality care to
children. Good luck to the staff who arepai^idpating i n th e program : Amali a Alves . Evefv n
Plecha. Melba Maxlnn?. Paulette Henderson and

MpniqMgSt^^

ii

Put on your dancing shoesi The last Friday evening of every month from fi-dpnt, lAHD's Residential prograo ) hold s a disc o a t th e Pleasant ville Conferenc e Cente r fo r th e individual s i n
the residences . It was started about a year ago
and has been a tremendous successi
This winte r ha s brough t abou t quit e a bi t o f
snow an d i t ha s bee n difficul t fo r everyone .
lAHD would like to send a special Thank You for
the effort s mad e b y all staff who were abl e to
make it through the snow to work!

iSL.

The Institutes o f Applie d Huma n Dynamics , Inc . / www.iahdny .org
M a n K . St . Mark , Presiden t

32 Warren Avenue. Tarrvtown. New York . 10591

•Stanley t £ .Silvcrstein . E x e c u t i v e Directo r

�Village o f Sleep y Hollow , 2 8 Beekma n Avenue , Sleep y Hollow , N Y 1059 1
Office o f th e Cler k 91 4 36 6 510 6

Public Hearin g Notic e
Please take notice that the Village of Sleepy Hollow, Board of Trustees, will hold a
public hearin g to hea r and consider comments from member s of the public on the
Cablevision Franchis e Agreement, on Tuesday. Ma v 3**^ 2011 at 7:00 pm . at Village
Hall, 28 Beekman Avenue, Sleepy Hollow, New York, 10591 . Villag e Hall is accessible
to the handicapped .
By Order o f th e Boar d o f Trustee s
Dated: Marc h 29 , 201 1
Paula A . McCarth y
Village Cler k
Village o f Sleep y Hollo w

�Lincoln V . Janu s
Franchise Manage r
Verizon Vide o

ven on
205 N . Michiga n Ave. , Floo r 7018 E
Chicago, IL . 6020 1
312-260-3506
Lincoln.V.Janus@Verizon.com

Via Federa l Expres s
Apnl 29 , 201 1
Mr. Anthony Giacci o
Administrator
Village o f Sleep y Hollo w
Sleepy Hollow, N Y 1059 1
Re: Cablevisio n o f Wappingers Falls . Inc . ("Cablevision"" ) 4/11 1 Draf t Renewa l
Agreement wdt h the Village o f Sleep y Hollo w ("Draf t zA-greement"")
Dear Mr . Giaccio :
Thank yo u fo r agreein g t o spea k wit h Catherin e an d m e o n Ma y 2"' ^ about Verizo n Ne w
York Inc.' s (""Verizon" ) concern s regardin g th e Draf t Agreemen t wit h th e Villag e o f
Sleepy Hollo w ("Village")-Verizo n respectfull y recommend s tha t th e Villag e mak e th e
following modification s t o th e Draf t Agreemen t i n orde r t o protec t th e interest s o f bot h
the Village an d it s residents .
Financial Grant s
First, a s currently drafted . Section 5.4. 4 o f the Draft Agreement provide s i n part that :
•'The Annua l PE G Gran t shal l no t becom e du e an d payabl e unles s an d
until Verizo n Ne w Yor k Inc . (o r it s affiliat e or subsidiary) , make s Annua l
PEG gran t pavment s i n th e amoun t of : (i ) SIXT Y CENT S (S.60 ) pe r
month pe r subscnbe r m th e Ser\'ic e Are a i n th e firs t five (5 ) year s o f it s
agreement wit h th e LE A . . ."
This draf t languag e fail s t o recogniz e tha t th e Village' s curren t an d effectiv e Cabl e
Television Franchis e Agreemen t wit h Verizo n ('"Verizo n Agreement" ) contain s it s ow n
contingency whic h provide s tha t Verizo n wil l not begi n t o eithe r accru e o r subsequentl y
make an y Annua l PE G Gran t payment s unles s an d unti l a n "'equivalen t obligation " i s
imposed o n th e incumben t an d th e Villag e provide s Verizo n wit h "'w-ritte n notice " o f th e

�same.' Th e Verizo n Agreemen t ha s bee n effectiv e sinc e Jun e 20 , 200 8 an d therefor e i s
approaching it s thir d anniversary . Durin g tha t time , th e Villag e ha s quit e naturall y no t
provided an y writte n notic e t o Venzo n tha t th e contingenc y ha s bee n satisfie d (becaus e
no renewa l agreemen t ha s bee n reache d wit h Cablevision) . A s a result , Verizo n ha s
neither accrue d PE G charge s fro m its cabl e televisio n subscriber s i n the Village nor mad e
any Annua l PE G Gran t p a r e n t s t o th e Village . Accordingly , th e contingenc y i n th e
Draft Agreement - providin g tha t th e Annual PE G Gran t doe s no t become payabl e unles s
and unti l Verizo n "makes " Annua l PE G Gran t pa\T3ient s fo r th e first five years of its
agreement wit h th e Villag e - defie s reason , becaus e th e contingenc y ca n never b e
satisfied; nearly three year s o f the Verizon Agreemen t hav e alread y elapsed .
Verizon therefor e recommend s tha t Sectio n 5.4. 4 o f th e Draf t Agreemen t b e modifie d t o
eliminate thi s issue , thereb y protectin g th e Villag e an d it s residents . Unde r suc h a
modification, Section 5.4. 4 would rea d a s follows :
"The Annua l PE G Grant " shal l no t becom e du e an d payabl e
unless an d unti l Verizo n Ne w Yor k Inc . (o r it s affiliat e o r
subsidiary) (''Verizon" ) make s Annua l PE G Gran t payment s t o
the LF A i n accordanc e wit h it s cabl e televisio n franchis e
agreement wit h th e LF A confirme d b y th e Ne w Yor k Publi c
Service Commissio n o n Januar y 18 , 2008 . Th e metho d o f
calculating the PEG Grant. .
Second, bot h th e Verizo n Agreemen t an d Cablevision " s Draft Agreemen t provid e fo r a n
Initial PE G Gran t i n th e amoun t o f 590,000 . Cablevisio n make s thi s proposa l despit e
having publicl y acknowledge d th e obviou s - that Verizon , a s a ne w provider , wil l mos t
likely hav e a smaller numbe r o f cabl e subscriber s ove r th e lif e of it s franchise agreemen t
than Cablevisio n wil l hav e ove r th e life of its Draft Agreement. "
Verizon bega n providin g cabl e T V servic e i n the Village a short tim e ago , a s compared t o
Cablevision, an d wit h a 0 % shar e o f th e cabl e televisio n subscriber s a s compare d t o
' Sectio n 5.4. 4 o f th e Verizo n Agreemen t wit h th e Villag e states : "'[tjh e Annua l PE G gran t shal l no t
become du e an d payabl e unles s an d unti l th e LF A impose s a n equivalen t obligatio n t o th e PE G gran t
obligations containe d i n Section s 5.4. 2 an d 5.4. 3 (includin g th e tota l amoun t o f th e Initia l PE G gran t an d
the slidin g scal e amount s o f th e Annua l PE G Grant ) i n th e renewe d franchis e agreemen t o f th e existin g
cable ser\'ic e provide r withi n th e Franchis e .Are a an d suc h franchis e agreemen t i s confirme d b y a n orde r
from th e N Y PS C (th e 'Equivalen t Obligation") . Funher , th e LF A agree s tha t i t shal l impos e equivalen t
financial PE G gran t obligation s i n th e franchis e agreement s o f an y ne w provider s o f cabl e servic e i n th e
Franchise Area . Th e Annua l PE G Gran t shal l begi n t o accru e thirt y (30 ) day s afte r th e LF A send s writte n
notice t o tli e Franchisee, i n accordance wit h th e term s o f thi s Agreement , tha t th e Equivalent Obligatio n ha s
been me t ("Equivalen t Obligatio n Date"). "
" I n a lette r date d ,4ugus t 20 . 200 9 t o th e Tow n o f Greenburgh , Rober t Hoch , Directo r o f Governmen t
.Affairs fo r Cablevision , state s that , "[I] t i s extremel y unlikel y tha t 50 % o f th e cabl e subscriber s i n
Greenburgh wil l subscrib e t o Verizon 's ser\'ic e ove r th e lif e o f th e Verizo n franchise. " Th e lette r goe s o n t o
assume tha t Verizo n wil l achiev e a 22.9 % marke t penetration , consequentl y assumin g tha t Cablevisio n wil l
achieve a 77.1% marke t penetration .

�Cablevision's 100 % share . Accordingly , whe n Cablevisio n propose s t o merel y matc h th e
amount o f Venzon' s Initia l PE G Grant , Cablevisio n unfairl y seek s t o shortchang e th e
Village b y ignorin g tha t i t shoul d pa y a large r Initia l PE G Grant , on e tha t i s
commensurate wit h it s large r shar e o f customers . Instead , Cablevisio n seek s t o
financially advantag e itsel f b y spreadin g th e cost s o f it s Initia l PE G Gran t ove r a fa r
greater numbe r o f subscriber s tha n Verizon." ^ Th e greate r burde n o n Verizo n an d it s
subscribers clearl y violate s th e Ne w Yor k Publi c Servic e Commission' s ("Commission" )
competitive neutralit y rul e an d shortchange s th e Villag e o n ho w muc h PE G fundin g i t
should receiv e fro m Cablevisio n o n a pro rat a basis . Accordingly , th e Villag e shoul d
demand a highe r Initia l PE G Gran t contributio n fro m Cablevisio n tha t properl y reflect s
Cablevisions highe r numbe r o f subscribers .
Third, wit h respec t t o th e Annual PE G grant , Verizo n ha s agree d t o provid e a pe r
subscriber, pe r mont h gran t (subjec t t o th e contingenc y discusse d above ) beginnin g wit h
$.60 pe r subscribe r pe r month , increasin g t o S.9 0 pe r subscribe r t o mont h i n year s si x
through ten , an d $1.3 5 pe r subscribe r pe r mont h i n year s eleve n throug h fiftee n o f th e
Agreement. B y contrast , Cablevisio n seek s t o pay onl y a lump su m o f $8,14 0 fo r the firs t
five years ; $12,21 0 i n year s si x throug h ten ; an d $18,31 4 i n year s eleve n throug h fiftee n
of th e Draf t Agreement, wit h th e tota l "no t t o exceed " $193,32 0 ove r th e lif e of the Draf t
Agreement. I n year s eleve n throug h fifteen, Cablevision , a t it s sol e option , ma y elec t t o
pay $1.3 5 pe r subscribe r pe r mont h instea d o f paying a n annua l lum p su m grant . (Sectio n
5.44).
Cablevision's proposa l shor t change s th e Villag e i n tw o ways . First , Cablevisio n wil l
pay significantl y les s o n a pe r subscribe r basis , usin g th e marke t shar e assumption s
discussed above , tha n Verizon." ^ Second , Cablevision , b y cappin g th e amoun t tha t i t wil l
pay, effectivel y negates th e fairnes s of its optiona l pe r subscribe r paymen t m year s eleve n
through fiftee n of th e Draf t Agreement . I f Cablevisio n i s successfu l i n th e marke t place ,
that succes s wil l not translat e int o proportionatel y highe r payment s t o th e Village i n year s
eleven throug h fiftee n becaus e o f th e $194,32 0 cap . Further , i f Cablevisio n i s not
successfiil, it ca n elec t t o pa y o n a per subscribe r basi s i n year s eleve n throug h fifteen o f
the Draf t Agreement , placin g th e ris k solel y o n th e Villag e tha t i t wil l receiv e less than
the $194,32 0 cap . B y contrast , Verizon' s Agreemen t ha s n o cap , allowin g th e Villag e t o
share i n an y increas e i n subscriber s tha t Verizo n attain s durin g entir e lif e o f it s
Agreement. Th e Villag e deser\'e s bette r treatmen t from Cablevision . I t shoul d requir e
Cablevision t o match Venzon' s pe r subscnbe r pe r month payment s throughou t th e lif e of

^ A s a h&gt;'pothetica L i f w e assum e tha t th e Villag e ha s 3,25 3 household s (200 0 U.S . Census ) an d
Cablevision ha s a 77.1% marke t share , the n i t wil l hav e 250 8 subscriber s whil e Verizo n wil l hav e onl y 74 5
subscribers. Th e cos t pe r subscribe r pe r mont h o f eac h 590,00 0 Initia l PE G Gran t ove r eac h 1 5 yea r ter m
for each provide r wil l b e 2 0 cent s pe r subscribe r pe r month fo r Cablevision an d 6 7 cent s pe r subscribe r pe r
month fo r Verizon .
* Using th e sam e marke t shar e assumption s discusse d above , Cable\isions " Annua l PE G grants , mean s tha t
Cablevision woul d b e payin g onl y S.2 7 pe r subscriber per month fo r the first five years ; S.4 1 pe r subscribe r
per month fo r years si x throug h ten ; an d S.6 0 pe r subscriber per month fo r years eleve n throug h fifteen. Fo r
each period o f th e payment schedule , Cablevisio n woul d therefor e b e paying less than halfQf wha t Verizo n
will b e paying , i n clear violation o f th e Commission' s competitiv e neutralit y rule .

�its Draf t Agreement, thereb y insunn g tha t eac h provider supplie s th e Villag e wit h annua l
PEG gran t suppor t proportionate t o it s number o f subscribers .
Philipsburg Mano r Restoratio n Sit e
First, Exhibi t D o f th e Venzo n Agreemen t contain s a commitmen t t o provid e a PE G
"Content Originatio n Point' " a t the Philipsbur g Mano r Restoratio n sit e contingent , i n part ,
upon th e Village' s seemin g "a n iirevocabl e commitment " fro m Cablevisio n t o provid e
the same . Nonsensically , Exhibi t D o f Cablevision " s Draft Agreemen t contain s virtuall y
the sam e contingenc y fo r th e sam e site . Thi s contingenc y i s clearl y unreasonabl e an d
unnecessary sinc e the contingenc y i n Verizon' s franchise wil l b e automaticall y
satisfied once th e Draf t Agreemen t contain s a n unconditiona l commitmen t t o provid e a
PEG conten t originatio n poin t a t thi s site . Th e Villag e shoul d hav e a clear, unambiguou s
commitment from Cablevisio n wit h respec t t o th e Philipsbur g Mano r Restoratio n site .
The Village deserve s n o less .
Second, whil e Exhibi t A o f th e Draf t Agreement contain s th e sam e numbe r o f site s t o b e
provided free basi c cabl e servdce , th e Draf t Agreemen t make s th e Philipsbur g Mano r
Restoration sit e contingen t upo n it s becomin g a PE G Conten t Originatio n Point . A s
Verizon's Agreemen t contain s n o suc h contingency , th e Villag e shoul d requir e th e same ,
unconditional commitmen t from Cablevision .
Franchise Fe e
Section 6. 1 o f the Draft Agreement allow s fo r a sixty (60 ) da y grac e period t o pas s
before Cablevision's obligatio n t o pay th e 5 % franchise fe e begins. Thi s grac e perio d
could unreasonably allo w Cablevisio n t o depriv e th e Village o f two month s o f revenue
associated wit h franchise fees . I n comparison , Verizon' s franchis e provides fo r payments
of the franchise fe e to begi n o n th e effective date o f its agreement , no t tw o month s later ,
as Cablevision proposes . I n other recent renewa l agreements , Cablevisio n ha s include d
language confirmin g that the compan y wil l continu e t o provide a franchise fee under it s
previous franchise durin g this sixt y day period. Specifically , Cablevisio n include d th e
following language i n Sectio n 6. 1 i n its draf t agreement wit h th e Village o f Freeport ,
New York . Th e agi'eement i s scheduled fo r public hearing o n Monday, Ma y 2"^" :
"Beginning sixt y (60) day s afte r the Effective Date, Franchise e
shall pay to the LE A a Franchise Fe e o f five percent (5% ) o f
annual Gros s revenue (th e "Franchise Fee") ; provide d howeve r
that until suc h time a s Franchisee shal l pa y a Franchise Fe e
in accordanc e wit h thi s Franchise , i t shall continu e t o pay a
franchise fe e in accordanc e wit h it s previous franchis e
renewal agreemen t wit h th e LFA. " (Emphasis supplied)

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                    <text>Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the Water
Fund Budget for the Fiscal Year 2011-2012
Be it Resolved, that the 2011-2012 Budget concerning the Water Fund be adopted in the
amount of $3,503,071. 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: Deputy Mayor Capossela

Meeting Date:
Resolution #

Seconded: Trustee Wompa

Vote: 5-0

04/28/2011
04/49-A/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve the
Water Consumption Rates for the Fiscal Year 2011-2012
Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow confirms that the
rates per cubic feet for water usage for Fiscal Year 2011-2012 shall be as follows:

2011-2012 Water Rates
Cubic Feet
0-500
501-3,000
3,001-6,000
6,001-12,000
12,001 and over

Per Thousand Cubic Feet
$25.00 minimum
$45.00
$55.00
$72.00
$120.00

Moved: Trustees Wompa

Meeting Date:
Resolution #

Seconded: Trustee Stupel

Vote: 4-0

04/28/2011
04/49-B/2011

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 2011-2012
Be it Resolved, that the Mayor be authorized to sign the Tax Warrant in the amount of
$9,251,550. For the collection of the 2011-2012 taxes, and that the same be presented to
the Treasurer and Tax Collector with the Assessment Roll.
Moved: Trustee Stupel
Mayor Voted: Yes
Trustee Carr Voted: No

Seconded: Trustee Wompa

Vote: 4-1

�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 2011-2012
Be it Resolved, that the tax payments be in two installments, the first installment is payable
on June 1, 2011 continuing up to and Including June 30, 2011, and the second installment is
payable up to December 31, 2011.
Moved: Deputy Mayor Capossela

Meeting Date:
Resolution #

Seconded: Trustee Stupel

Vote: 5-0

04/28/2011
04/49-D/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow to Set the Rate of
Penalty for Unpaid Taxes for Fiscal Year 2011-2012
Be it Resolved, that the taxes and other assessments, if any, are due in full by June 1, 2011.
The first installment may be paid without penalty from June 1, 2011 through June 30, 2011.
The second installment may be paid without penalty through December 31, 2011. Penalties
are 5% for the month of July with each month thereafter at a rate established annually by the
State Tax Commissioner. On the second installment, penalties are 5% for the month of
January with each month thereafter at the State established rate. All penalties apply to a
month or any fraction thereof.
Moved: Trustee Wompa

Meeting Date:
Resolution #

Seconded: Deputy Mayor Capossela

Vote: 5-0

04/28/2011
04/49-E/2011

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 2011-2012
Be it Resolved, that for the 2011-2012 fiscal year, the Total Taxable Assessed Valuation for
the Homestead portion of the tax roll is $196,569,591 and the Total Assessed Valuation for
the Non-Homestead portion of the tax roll is $51,839,952.
Moved: Trustee Stupel
Mayor Voted: Yes
Trustee Carr Voted: No

Seconded: Deputy Mayor Capossela

Vote: 4-1

�Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the
General Fund Budget for Fiscal Year 2011-2012
Be it Resolved, that the 2011-2012 Budget concerning the General Fund be adopted in the
annount of $13,553,482. Said adoption being pursuant to the provisions of Chapter 809 of the
Laws of 1954 and the Budget Manuals for the Villages and the Uniform System of Accounts
as set forth in the manuals issued by the Division of Municipal Affairs, Albany, New York.
Moved: Deputy Mayor Capossela
Mayor Voted: Yes
Trustee Carr Voted: No

Meeting Date:
Resolution #

Seconded: Trustee Stupel

Vote: 4-1

04/28/2011
04/49-G/2011

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 2011-2012
Be it Resolved, that the tax rate be levied pursuant to law and that the rate be $31.3461 per
thousand of assessed value for Homestead properties and $59.6038 per thousand of
assessed value for Non-Homestead properties, for Fiscal Year June 1, 2011 through May 31,
2012.
Moved: Trustee Wompa
Mayor Voted: Yes
Trustee Carr Voted: No

Meeting Date:
Resolution #

Seconded: Trustee Stupel

Vote: 4-1

04/28/2011
04/49-H/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt
the Budget for the Parking Fund for Fiscal Year 2011-2012
Be it Resolved that the 2011-2012 Budget for the Parking Fund is herein set at the amount
of $349,252. 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, NY.
Moved: Trustee Stupel

Seconded: Trustee Wompa

Vote: 5-0

�Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve the
Parking Permit Rates for All Lots for a Fee of $35/month Except the Philipse Manor
Train Station for a Fee of $25/month for Fiscal Year 2011-2012
(No Change in Rates from the Prior Year)
Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow confirms that the
rates for parking permits in all lots be $35/month except for the Philipse Manor train station
set for $25/month for the fiscal year 2011-2012. Permits are sold for a 6 or 12 month period
or on a pro-rated basis for non-renewals.
Moved: Trustee Carr

Meeting Date:
Resolution #

Seconded: Trustee Stupel

Vote: 5-0

04/28/2011
04/49-J/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the
Sanitation Fund Budget for Fiscal Year 2011-2012
Be it Resolved, that the 2011-2012 Budget concerning the Sanitation Fund be adopted in
the amount of $684,213. Said adoption being pursuant to the provisions of Chapter 809 of the
Laws of 1954 and the Budget Manuals for the Villages and the Uniform System of Accounts
as set forth in the manuals issued by the Division of Municipal Affairs, Albany, New York.
Moved: Deputy Mayor Capossela

Meeting Date:
Resolution #

Seconded: Trustee Stupel

Vote: 5-0

04/28/2011
04/49-K/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve the
Rates for Sanitation for Fiscal Year 2011-2012
Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow confirms that the
Rates for Sanitation for Fiscal Year 2011-2012 shall be as follows:
(see attached rate schedule).
Moved: Trustee Wompa

Seconded: Deputy Capossela

Vote: 5-0

�Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt the Sewer
Fund Budget for Fiscal Year 2011-2012
Be it Resolved, that the 2011-2012 Budget concerning the Sewer Fund be adopted in the
amount of $431,397. Said adoption being pursuant to the provisions of Chapter 809 of the
Laws of 1954 and the Budget Manuals for the Villages and the Uniform System of Accounts
as set forth in the manuals issued by the Division of Municipal Affairs, Albany, New York.
Moved: Trustee Carr

Meeting Date:
Resolution #

Seconded: Trustee Stupel

Vote: 5-0

04/28/2011
04/49-M/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve the
Sewer Consumption Rates for Fiscal Year 2011-2012
Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow confirms that the
Sewer Consumption Rates for Fiscal Year 2011-2012 shall be as follows:
$4.50 Minimum;
16.50% of Water Usage.
Moved: Deputy Mayor Capossela

Meeting Date:
Resolution #

Seconded: Trustee Wompa

Vote: 5-0

04/28/2011
04/49-N/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow to Set the Rate of
Penalty for Unpaid Water, Sewer, and Sanitation Usage for Fiscal Year 2011-2012
Be it Resolved, that penalties shall accrue against water, sewer, and sanitation usage fees
for Fiscal Year 2011-2012 as follows: There shall be charged a penalty on past due water,
sewer, and sanitation usage at a rate of 10% following the thirty (30) days from the date of
the billing.
Moved: Trustee Carr

Seconded: Trustee Stupel

Vote: 5-0

�Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve Annual
Salaries for Mayor and Board of Trustees for Fiscal Year 2011-2012
Be it Resolved, that the Board of Trustees does hereby approve the following annual
salaries for the Mayor and members of the Board of Trustees for Fiscal Year 2011-2012 as
follows:
Trustees: $ 4,750
Mayor:
$11,400.
Moved: Deputy Mayor Capossela

Seconded: Trustee Stupel

*Absent: Trustee Schroedel and Trustee Campbell

Vote: 5-0

�i l ^ i l l a p of ^leepi&gt; Hollotai
Sanitation f e e ^tfjeliule
Ijfiscal f e a r 2 0 U - 2 0 1 2
29eKcn'ption

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Kl
&lt;2

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Seniors

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.5

mate

©nc Jfaiiiilp JlomE/Coubo
Ctoo jFamtlp
®|)ree f mUy&gt; J|ous!c
Smx Jfamilp

40.00j
45.00
67.50!
95.00

©tie Jfamilp 5;ome/€onl)o

20.00'

Clflo Jfamilp ?^ou£(e
Cfjree Jfamilp J^ousie

22.50
33.75

jfoofc ftcrbite Jllfg.
jfoofc ^crtjite
(©ti^er Commertiars;
automobile ?Hse

600.001
300.00
220TOO'
105.00'

itluUi -jfainitp gpta.
jFtbc jTamilp
mo
Jfainilp
mi
^cben jFamilp
(gigfjt Jfamilp
113
Jfamilp
114
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&lt;£leben ^amilp
me
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m "
C|)irtecn Jfamilp
ms
Sixteen :familj'
^cljool Sistrict
SCxemut jBon profit

120.00

' 145.CX5
170.00
195.00'
220.00]
245^1""
270."00"r"
295.00 j"
320.00j
390.00'
3850.00'
75.00'

jflonttitp
jlomegteaft
BelJlopment
hospital

885.001
475.00!

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                    <text>Minutes o f the Boar d o f Trustee s
Village o f Sleep y Hollo w
The Boar d o f Trustees o f the Villag e o f Sleep y Hollo w hel d a Special Boar d Meetin g o n
Thursday, Apri l 28 , 201 1 i n Villag e Hall , 2 8 Beekma n Avenue , Sleep y Hollow , Ne w York .
Present: Mayo

r Kennet h G . Wra y
Thomas Capossel a
Karin T . Womp a
Evelyn R . Stupe l
Barbara J . Car r Trustee

s

Bruce R . Campbel l (B y Phone )
David L . Schroedel (Absent )
Also Present : Anthon y Giaccio , Villag e Administrato r
Sara DiGaicomo , Villag e Treasure r
Janet Gandolfo , Village Attorne y
Greg Camp , Polic e Chie f
Sean McCarthy , Villag e Architec t
Rich Gross , Genera l Forema n
Mayor Wra y calle d th e wor k sessio n t o order a t 7:05p.m . an d mad e openin g remark s
2011/2012 BUDGE T - The Boar d discusse d th e proposed change s to the tentative budget .
Trustee Car r informe d the Boar d tha t sh e intend s t o vot e no on the budget. Truste e Capossel a
thanked th e Board an d staf f for their wor k o n th e budget . Truste e Campbel l calle d i n and sai d
that h e agrees wit h Truste e Carr . Mayo r Wra y sai d tha t the Villag e Boar d worke d har d o n thi s
budget an d i s comfortable with it .
RESOLUTIONS - See Attached .
At 8:44 , o n a motion mad e b y Truste e Stupe l an d seconde d b y Truste e Capossel a an d carrie d
unanimously th e meetin g wa s adjourned .

Respectfully submitted ,

Anthony (^Wcio . Villag e Administrato r

�Resolution o f the Boar d of Trustees o f the Village o f Sleepy Hollo w to Adopt the Water
Fund Budge t for the Fisca l Year 2011-201 2
Be i t Resolved, that the 2011-2012 Budge t concerning the Water Fun d be adopted i n the
amount o f $3,503,071. Sai d adoption bein g pursuant to the Provisions o f Chapter 80 9 of the
Laws o f 195 4 and the Budget Manual s for Villages and the Unifor m Syste m o f Accounts a s
set forth i n the Manual s issue d by the Divisio n of Municipal Affairs, Albany, Ne w York.
Moved: Deput y Mayo r Capossel a Seconded
Meeting Date : 04/28/201
Resolution # 04/49-A/201

1

: Truste e Wompa Vote

: 5- 0

1

Resolution o f the Boar d of Trustees o f the Village of Sleepy Hollo w t o Approve th e
Water Consumptio n Rate s for the Fisca l Year 2011-201 2
Be i t Resolved, that the Boar d of Trustees of the Village of Sleepy Hollo w confirms that th e
rates pe r cubic feet for water usag e for Fisca l Year 2011-201 2 shal l be as follows:

2011-2012 Water Rate s
Cubic Fee t Pe
0-500 $25.0
501-3,000 $45.0
3,001-6,000 $55.0
6,001-12,000 $72.0
12,001 and over $120.0

r Thousand Cubi c Fee t
0 minimu m
0
0
0
0

Moved: Trustee s Wompa Seconded
Meeting Date : 04/28/201
Resolution # 04/49-B/201

1

: Truste e Stupe l Vote

: 4- 0

1

Resolution o f the Board of Trustees o f the Village o f Sleepy Hollo w Authorizing th e
Mayor to Execut e the Tax Warrant for the Collection o f Taxes for
Fiscal Year 2011-201 2
Be i t Resolved, tha t the Mayo r b e authorized to sign the Tax Warrant i n the amount o f
$9,251,550. Fo r the collection of the 2011 -2012 taxes, and that the same b e presented t o
the Treasurer an d Tax Collector with the Assessment Roll .
Moved: Truste e Stupe l Seconded
Mayor Voted: Ye s
Trustee Car r Voted: N o

: Truste e Wompa Vote

; 4- 1

�Resolution o f the Board o f Trustees o f the Village o f Sleepy Hollo w to Set Due Date s
for the Firs t and Second Village Tax Installmen t for Fisca l Year 2011-201 2
Be i t Resolved, that the tax payment s b e in two installments, th e first installmen t i s payabl e
on June 1 , 2011 continuing u p to and includin g June 30, 2011, and the second installmen t i s
payable u p to Decembe r 31 , 2011 .
Moved: Deput y Mayo r Capossel a Seconded
Meeting Date : 04/28/201
Resolution # 04/49-D/201

1

: Truste e Stupe ! Vote

: 5-0

1

Resolution o f the Board of Trustees o f the Village of Sleepy Hollo w to Set the Rat e o f
Penalty fo r Unpai d Taxes for Fisca l Year 2011-201 2
Be i t Resolved, that the taxes and other assessments, i f any, are due i n full by June 1 , 2011.
The first installmen t ma y be paid without penalty from June 1 , 2011 through June 30, 2011 .
The secon d installmen t ma y b e paid without penalt y through Decembe r 31 , 2011. Penaltie s
are 5 % for the month of July with each month thereafter at a rate established annually b y the
State Tax Commissioner . O n the second installment , penaltie s ar e 5% for the month o f
January with each month thereafter at the State established rate . Al l penalties apply to a
month or any fraction thereof .
Moved: Truste e Wompa Seconded
Meeting Date : 04/28/201
Resolution # 04/49-E/201

1

: Deput y Mayo r Capossel a Vote

: 5- 0

1

Resolution o f the Boar d of Trustees of the Village of Sleepy Hollo w to Adopt the Tota l
Assessed Valuatio n for the Homestea d and Non-Homestead Portion s o f the Tax Rol l
for Fiscal Year 2011-201 2
Be i t Resolved, tha t for the 2011-2012 fiscal year, the Total Taxable Assessed Valuation fo r
the Homestea d portio n of the tax rol l is $196,569,591 an d the Total Assessed Valuation fo r
the Non-Homestea d portio n of the tax rol l is $51,839,952 .
Moved: Truste e Stupe l Seconded
Mayor Voted: Ye s
Trustee Car r Voted: N o

: Deput y Mayo r Capossel a Vote

: 4-1

�Resolution o f the Board o f Trustees o f the Village o f Sleepy Hollo w t o Adopt the
General Fun d Budge t for Fiscal Year 2011-201 2
Be i t Resolved, that the 2011-2012 Budge t concerning the General Fun d b e adopted i n the
amount of $13,553,482. Sai d adoption bein g pursuant to the provisions o f Chapter 80 9 of the
Laws of 195 4 and the Budge t Manual s for the Villages an d the Unifor m Syste m of Accounts
as se t forth i n the manuals issue d b y the Divisio n of Municipal Affairs, Albany, Ne w York.
Moved: Deput y Mayo r Capossel a Seconded
Mayor Voted: Ye s
Trustee Car r Voted: N o
Meeting Date : 04/28/201
Resolution # 04/49-G/201

1

: Trustee Stupe l Vote

: 4- 1

1

Resolution o f the Boar d o f Trustees o f the Village o f Sleepy Hollo w t o Adopt the Tax
Rate for Homestea d and Non-Homestea d Propertie s for Fiscal Year 2011-201 2
Be i t Resolved, tha t the tax rat e be levied pursuant t o law and that the rat e be $31.3461 pe r
thousand o f assessed value for Homestea d propertie s an d $59.6038 pe r thousand o f
assessed valu e for Non-Homestea d properties , for Fisca l Year June 1 , 2011 through Ma y 31,
2012.
Moved: Truste e Wompa Seconded
Mayor Voted: Ye s
Trustee Car r Voted: N o
Meeting Date : 04/28/201
Resolution # 04/49-H/201

1

: Truste e Stupel Vote

: 4- 1

1

Resolution o f the Board o f Trustees o f the Village of Sleepy Hollo w to Adop t
the Budget for the Parkin g Fun d for Fiscal Year 2011-201 2
Be i t Resolved that the 2011-2012 Budge t for the Parkin g Fun d is herein set at the amoun t
of $349,252 . Sai d adoption bein g pursuant to the Provisions o f Chapter 80 9 of the Laws of
1954 and the Budge t Manuals for Villages an d the Unifor m System of Accounts a s set forth i n
the Manual s issue d by the Divisio n of Municipal Affairs, Albany, NY .
Moved: Truste e Stupe l Seconded

: Truste e Wompa Vote

: 5- 0

�Resolution o f the Boar d o f Trustees o f the Village o f Sleepy Hollo w t o Approve th e
Parking Permi t Rate s for All Lot s for a Fee of $35/month Excep t the Philips e Mano r
Train Station for a Fee of $25/month fo r Fisca l Year 2011-201 2
(No Change i n Rates from the Prior Year )
Be i t Resolved, that the Boar d o f Trustees o f the Village of Sleepy Hollo w confirms that the
rates for parking permits i n all lots be $35/month excep t for the Philips e Mano r train statio n
set for $25/month for the fiscal year 2011-2012. Permit s are sold for a 6 or 1 2 month perio d
or on a pro-rated basis for non-renewals .
Moved: Truste e Carr Seconded
Meeting Date : 04/28/201
Resolution # 04/49-J/201

1

: Truste e Stupel Vote

: 5- 0

1

Resolution o f the Boar d o f Trustees o f the Village of Sleepy Hollo w to Adopt the
Sanitation Fun d Budge t for Fiscal Year 2011-201 2
Be i t Resolved, tha t the 2011-2012 Budge t concernin g the Sanitation Fun d b e adopted in
the amoun t o f $684,213. Sai d adoption bein g pursuant t o the provisions o f Chapter 80 9 of the
Laws o f 195 4 and the Budge t Manual s for the Villages and the Unifor m Syste m o f Accounts
as set forth i n the manuals issue d b y the Division o f Municipal Affairs, Albany, Ne w York.
Moved: Deput y Mayo r Capossel a Seconded
Meeting Date : 04/28/201
Resolution # 04/49-K/201

1

: Truste e Stupel Vote

: 5- 0

1

Resolution o f the Boar d o f Trustees o f the Village of Sleepy Hollo w t o Approve th e
Rates for Sanitatio n for Fisca l Year 2011-201 2
Be i t Resolved, that the Boar d of Trustees of the Village of Sleepy Hollo w confirms that the
Rates for Sanitation for Fisca l Year 2011-2012 shal l be as follows:
(see attached rat e schedule) .
Moved: Truste e Wompa Seconded

: Deput y Capossel a Vote

: 5- 0

�Resolution o f the Board of Trustees o f the Village of Sleepy Hollo w to Adopt the Sewe r
Fund Budget for Fisca l Year 2011-201 2
Be i t Resolved, tha t the 2011-2012 Budge t concerning the Sewe r Fun d be adopted i n the
amount o f $431,397. Sai d adoption being pursuant to the provisions o f Chapter 80 9 of the
Laws o f 195 4 and the Budge t Manual s for the Villages and the Unifor m Syste m o f Accounts
as se t forth in the manuals issue d by the Divisio n of Municipal Affairs, Albany, Ne w York.
Moved: Truste e Carr Seconded
Meeting Date : 04/28/201
Resolution # 04/49-M/201

1

: Truste e Stupe l Vote

: 5- 0

1

Resolution o f the Board o f Trustees o f the Village of Sleepy Hollo w to Approve th e
Sewer Consumption Rate s for Fiscal Year 2011-201 2
Be i t Resolved, tha t the Boar d of Trustees o f the Village of Sleepy Hollo w confirms that the
Sewer Consumptio n Rate s for Fisca l Year 2011-2012 shal l be as follows:
$4.50 Minimum ;
16.50% of Water Usage .
Moved: Deput y Mayo r Capossel a Seconded
Meeting Date : 04/28/201
Resolution # 04/49-N/201

1

: Truste e Wompa Vote

: 5- 0

1

Resolution o f the Boar d of Trustees o f the Village o f Sleepy Hollo w t o Set the Rate o f
Penalty fo r Unpai d Water, Sewer , and Sanitation Usag e for Fisca l Year 2011-201 2
Be i t Resolved, tha t penaltie s shall accrue against water, sewer, an d sanitation usag e fees
for Fisca l Year 2011-201 2 a s follows: Ther e shall be charged a penalty on past due water ,
sewer, an d sanitation usag e a t a rate of 10 % following the thirty (30 ) days from the date of
the billing .
Moved: Truste e Car r Seconded

: Truste e Stupe l Vote

: 5- 0

�Resolution o f the Boar d of Trustees o f the Village o f Sleepy Hollo w t o Approve Annua l
Salaries for Mayor an d Boar d o f Trustees for Fiscal Year 2011-201 2
Be i t Resolved, that the Boar d of Trustees does hereby approve the following annua l
salaries for the Mayor and members o f the Boar d of Trustees for Fisca l Year 2011-2012 a s
follows:
Trustees: $ 4,750
Mayor: $11,400
.
Moved: Deput y Mayo r Capossel a Seconded

: Truste e Stupel Vote

*Absent: Truste e Schroede l and Trustee Campbel l

: 5- 0

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                    <text>Change Order Resolution for Mobile In-Car Digital
Video Recording System
WHEREAS, the Police Department received a federal Technology grant in the
amount of $35,000 for the purchase of a Mobile In-Car Digital Recording System;
and
WHEREAS, On January 4, 2011 a bid was awarded to the low bidder Watch
Guard Digital In-Car Video in the amount of $31,140; and
WHEREAS, The Police Chief has requested a change order in the amount of
$3,860 to pay for additional transmitters, microphones, holsters and a radar
inter-face for the in-car digital recording system;
NOW, THEREFORE BE IT RESOLVED that the Board of Trustees of the Village
of Sleepy Hollow hereby approves a change order in the amount of $3,860 for
accessories related to the Mobile In-Car Digital Video Recording System.
Moved: Trustee Schrodel

Seconded: Trustee Carr

Vote: 5-0

�BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow
approves the action of the Board of Fire Wardens in electing Scott Ferguson to active
membership in Union Hose Engine Co. No. 2.
BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to
notify the Board of Fire Wardens in writing of this resolution.
Moved: Trustee Carr

Second: Trustee Schroedel

Vote: 5-0

�sleepy HoObxv Tire department
Fire Patrol Co. No. 1
Organized. 1876

John E. Korzelius
Chief Engineer

Pocantico Hook &amp; Ladder Co. No. 1
Organized. 1878

William F. Ryan
Assistant Chief

Rescue Hose Co. No. 1
Organized. 1887

Patrick S. Haggerty
Assistant Chief

Union Hose Co. No. 2
Organized. 1887
Columbia Hose Co. No. 3
Organized. 1899

1876
More than a Legend

28 Beekman Avenue
Sleepy Hollow, New York 10591
Phone (914) 366-5119 • Fax (914) 332-1307
Email- sleepyholIowfire@villageofsleepyhollow.org

4/20/2011
Trustee David Schroedel
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591
Trustee Schroedel:
This letter is being sent to officially notify the Sleepy Hollow Board of Trustees of a personnel action taken by
the Board of Fire Wardens.
The Board of Fire Wardens was notified on April
Department.

that the following person was accepted to the

Scott Ferguson - Union Hose Engine Co. No. 2

The Wardens request that the Board approve the above membership.

Respectfully,
Christopher G. Scelza
Fire Dept. Administrator

Cc: Mayor Wray
Board of Trustees
Village Administrator
Village Clerk

�BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow
approves the request of the Board of Fire Wardens to hold a Boot Drive on Sunday May
15, 2011 between the hours of 9:00 ann-5:00 pm at the intersection of North Broadway
and Pierson Avenue.
BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to
notify the Board of Fire Wardens in writing of this resolution.
Moved: Deputy Mayor Capossela

Second: Trustee Carr

Vote: 5-0

�Skepy HoObw Tire (Department
Fire Patrol Co. No. 1
Organized. 1876

John E. Korzelius
Chief Engineer

Pocantico Hook &amp; Ladder Co. No. 1
Organized. 1878

William F. Ryan
Assistant Chief

Rescue Hose Co. No. 1
Organized. 1887
Union Hose Co. No. 2
Organized. 1887
Columbia Hose Co. No. 3
Organized. 1899

Patrick S. Haggerty
Assistant Chief
1876
More than a Legend

28 Beekman Avenue
Sleepy Hollow, New York 10591
Phone (914) 366-5119 • Fax (914) 332-1307
Email- sleepyhollowfire@villageofsleepyhollow.org

4/25/2011
Trustee David Schroedel
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591
Trustee Schroedel:
This letter is being sent to respectfully request permission to hold a Boot Drive on Sunday May 15, 2011
between the hours of 9AM-5PM at the intersection of North Broadway &amp; Pierson Avenue.
Any questions or concerns please contact Chief Korzelius.

Respectfully,
Christopher G. Scelza
Fire Dept. Administrator

Cc: Mayor Wray
Board of Trustees
Village Administrator
Village Clerk
Police Chief

�Be It Resolved that the Board of Trustees herein approves the request of the Portuguese
Community of the Tarrytowns to hold a Candlelight Procession in honor of Our Lady of Fatima
on Sunday, May
2011 commencing at 7:30 p.m. beginning in Tarrytown and continuing
through Cortland Street and arriving at Saint Teresa of Avila Church in Sleepy Hollow.
Moved: Trustee Wompa

Seconded: Trustee Stupel

Vote: 5-0

�: f

Portuguese Community Of The Tarrytowns
Irmandade Dos Cruzados De Fatima
283 North Washington Street
Sleepy Hollow, New York 10591

April 12,2011

Village of Sleepy Hollow
23 Beekman Avenue
Sleepy Hollow, New York 10591
Dear Mayor Ken Wray,
The Portuguese Community will be holding our annual candlelight procession in honor
of Our Lady Of Fatima on Sunday, May 8, 2011 at 7:30 p.m.
The procession will start at the Portuguese American Cultural Center in Tarrytown
continuing through Cortlandt Street and finally aiTiving at Saint Theresa Of Avila Church
in Sleepy Hollow. We request permission for this event to take place through Sleepy
Hollow.
We sincerely appreciate your attention to this matter.
Very truly yours.

Alberto de Carvalho
Irmandade Dos Cruzados De Fatima
President
ADC/pjj

�Meeting Date: 04/26/2011
Resolution #: 04/47/2011
RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE
AUTHORIZE THE TOWN OF GREENBURGH AND THE VILLAGES OF
ARDSLEY, DOBBS FERRY, ELMSFORD, HASTINGS-ON-HUDSON, IRVINGTON,
SLEEPY HOLLOW AND TARRYTOWN TO ADOPT A LOCAL LAW TO IMPOSE
A THREE PERCENT (3%) HOTEL/MOTEL OCCUPANCY TAX
WHEREAS, Section 1202 of the New York State Tax Law authorizes and empowers
certain cities and counties in New York State to adopt and amend local laws imposing a
Hotel and/or Motel "Occupancy Tax" upon persons occupying hotels or motels in certain
counties and cities; and
WHEREAS, Section 1202 is not applicable to "Permanent Residents" of a hotel or
motel which are persons occupying any room or rooms in a hotel or motel for at least
thirty (30) consecutive days; and
WHEREAS, Section 1202 provides that any tax imposed shall be paid by the person
liable thereof to the owner of the room for hire, or to the person entitled to be paid the
rent or charge for the room, and that such owner or person shall be liable for collection
and payment of the tax to the chief fiscal officer of the municipality; and
WHEREAS, the New York State Legislature has, over the past few years, authorized
a Hotel and/or Motel Occupancy Tax for the City of White Plains, the City of New
Rochelle, the City of Peekskill, the City of Rye and the Village of Rye Brook; and
WHEREAS, there are more than 2,000 rooms for rent in the Town of Greenburgh and
the Villages of Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington, Sleepy
Hollow and Tarrytown that would be subject to the occupancy tax; and
WHEREAS, the adoption of legislation that provides for a Hotel and/or Motel
Occupancy Tax by local option via local law will provide the Town and Villages another
source of funds to provide much needed services to our residents that are becoming much
more difficult to provide due to the economic situation impacting local governments; and
WHEREAS, the implementation of a Hotel and/or Motel Occupancy Tax will not
have a cost impact upon the residents of our communities since the tax is paid by visitors
to our communities and not the local residents; and
WHEREAS, the implementation of a hotel tax will more directly align the interests of
the hotel industry with that of the municipalities and will provide an incentive for the
municipalities and the hotel industry to work collaboratively to further those interests;
and

�WHEREAS, the past actions of the New York State Legislature to adopt legislation
for a Hotel and/or Motel Occupancy Tax in White Plains, New Rochelle, Peekskill and
Rye Brook are applauded by our communities and the Town of Greenburgh and the
Villages of Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington, Sleepy
Hollow and Tarrytown hereby request the same consideration from the New York State
Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village
of Sleepy Hollow does hereby support the legislation sponsored by Assemblyperson
Thomas Abinanti (AOS 191) which authorizes the Town of Greenburgh and the six
Villages in the Town of Greenburgh as well as the Village of Sleepy Hollow in the Town
of Mount Pleasant to adopt local laws in their respective local governments to impose a
three percent (3%) hotel/motel occupancy tax.
Moved: Trustee Stupel

Seconded: Trustee Schroedel

Vote: 5-0

�Whereas, at the current time the Village does not have a position where the parks
would be under the general direction and supervision of an employee engaged in park
and recreation construction, and development and maintenance; and
Whereas, the Board of Trustees believes it to be in the best interests of the Village
and its residents to create the position of Park Foreman, as defined and classified under
the County of Westchester, Department of Human Resources; and
Whereas, the position for Park Foreman was posted pursuant to Civil Service Rule and
Regulations on or about November 3, 2010 in the following locations: Department of
Public Works Office and Public Works Garage; and
Whereas, several persons were interviewed and considered for the position by the
Board of Trustees' Public Works Committee; and
Whereas, the Public Works Committee made a recommendation to the Mayor to
appoint John Korzelius to the position;
Now, therefore, be It resolved, the Mayor hereby appoints and the Board of
Trustees hereby approves the Mayor's appointment of John Korzelius as Park Foreman,
effective April 27, 2011, at the annual salary of $65,920.36; and
Be It further resolved, said appointment is subject to a 12 month probationary
period; and
Be It further resolved, said position will be under the general direction and
supervision of the Department of Public Works General Foreman.
Moved: Deputy Mayor Capossela

Seconded: Trustee Wompa

Vote: 4-1-0

Mayor noted that Trustee Campbell asked to hold this resolution until after the adoption
of the budget.
Trustee Carr moved to table this resolution; Motion denied.
Roll Call: Trustees Capossela, Wompa, Stupel, Schroedel, Voted: Yes
Trustee Carr Voted: No
Trustee Campbell: Absent

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, April 26,
2011, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Thomas Caposseia
David Schroedel
Barbara Carr
Karin Wompa
Evelyn Stupel, Trustees

Absent:

Bruce Campbell

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Sean E. McCarthy, Village Building Inspector
Gregory Camp, Police Chief
At 7:09 p.m. the Mayor called the meeting to order with a pledge to the flag.
Approval of Warrants:
Deputy Mayor Caposseia moved to approve the warrant in the amount of $584,378.23.
Trustee Stupel seconded. It was unanimous (5-0)
Approval of Minutes:
Trustee Carr made a motion to approve the minutes March, 8* 2011 as amended.
Trustee Wompa seconded. It was unanimous (5-0)
Mayor announcements:
Mayor Wray stated that the Board of Trustees has been working hard with the department
heads on the budget for the new fiscal year. He stated that new areas have been identified
for reductions and reorganization. He reviewed the summary sheet. He also stated that he
was looking to add a part-time building inspector.
Mayor Wray stated that the library budget board was unable to achieve their funding which
caused the library to use a default budget. As a result, the Village's portion will increase by
about $70,000.
Mayor Wray stated that the Village has reduced the salt for salt and sand by $20,000. He
also stated that some of the personnel expenses were properly budgeted. He also stated that

�neighborhood house would not be funded this year since the James Galgano building was
completed by the Village.
Lastly, Mayor Wray stated that the Trustees have a couple of days to adopt the new budget
and, the Trustees will meet on Thursday to adopt it.
Public Comments:
Mayor Wray opened the meeting to Public Comments and evoked the 5 minute rule.
There were no comments at this time.
Trustee Reports:
Trustee Schroedel explained some of the budget figures and spoke about the Village
contribution into the pension system.
Mayor Wray said we can control the budget and mentioned that the Village had to cut some
employees to keep the pension contribution where it is.
Trustee Carr reported on behalf of Trustee Campbell who was absent. The Parks Committee
met last week to discuss new rules for the parks, which are now in effect. Trustee Carr
reported that there will only be one group per day and stated that at Kingsland Park, the
group cannot exceed 50 people.
Trustee Carr also reported that the Village has been working on the new playground at
Douglas Park, and Saturday, April 30* everyone is invited to attend the cleanup day at
Patriots Park. The rain date is l^ay 22.
Deputy Mayor Capossela stated that the Village DPW is working on Devries Field. He stated
that TNT games are being played at Quattro Field. Deputy Mayor met with Richie Gross to
discuss replacing the street sweeper machine. Lastly, he stated that this Sunday (May 1^') is
the Old Croton Aqueduct ceremony at the Sleepy Hollow Cemetery, at 10:00 am, and the
National Guard from Peekskill will be in attendance to honor the veterans.
Trustee Wompa stated that on April 16* the Village celebrated Earth Day. The weather was
bad but the gardening was completed and said that the gardening will be incorporate into
the school curriculum as well.
Trustee Stupel -Trustee Stupel thanked the board for the tentative approval for additional
staff to the building dept. Court is scheduled for tomorrow.
Administrator's Report:
Anthony Giaccio stated that the government channel was down for a few days. He
apologized for the interruption in service. The Village received a grant for $35K for in-car

�Police systems and; the Village came in under budget, so the Police Chief recommended
spending the additional money thru a change order.
Mr. Giaccio stated that there are new rules for Kingsland Point Park and that all applicants
were informed regarding compliance. The Bath House at Kingsland is close to completion.
He stated that there are some parties that have expressed interests in renting out the facility.
Mr. Giaccio stated that he was at a fund raiser with the County Executive and asked him if
the Lighthouse would be funded. He stated that the County Executive said it would be
funded.

Resolutions:
See attached. Resolution 6 was pulled for further reconsideration.

Old Business:
There was none.
New Business:
There was none.
Communications,, Petitions and Reqyests:
Mayor Wray stated that the Rock of Salvation church has requested to use Sykes Park for
their annual event. He referred this request to the Parks Committee.
Trustee Wompa said that Police Chief Camp left a memo of the desk for discussion on
Bedford Road.
Trustee Stupel stated that she almost got run over 4 times last week in front of Village Hall.
Public Comments:
Mayor opened the public comments period and evoked the 5 minute rule.
Don Cateano of Lawrence Avenue asked about 50 person limit in the parks. He stated that
its nonsense and that if he wants a party of 75, who is going to stop him.
Don Caetano asked about the experience of the recently hired person for Park's Foreman.
He stated that the county should come together and abolish the police. He stated that
people know nothing about this village. He also questioned the selection of the pansies in
the plastic carts. He stated that the Trustees do what they want.

�Daniel Scott of Ichabod's Landing, Sleepy Hollow referred to Mr. Cateano's statement
regarding decisions that have already been passed before the public had a chance to
participate in the process. He stated that there's a way you can make this more participatory
in advance.
Deputy Mayor Capossela said the hiring of the Park's Foreman employee was discussed
openly by the Board.
Daniel Scott complained that the agenda is. not posted early enough. He offered to sit down
with the Board to talk about a better process of informing the public.
Don Cateano stated that the Village needs to buy a new street sweeper. He stated that the
driver drives the sweeper too fast.
Trustee Schroedel stated that this Board has reduced taxes more than any Board in the last
30 years.
Don Cateano praised Janet Gandolfo for her leading in the community.
There were no further comments from the public at this time.
At 8:15 p.m. on a motion by Trustee Carr, seconded by Trustee Wompa, the meeting was
adjourned. It was unanimous (5-0).
Respectfully submitted,
Paula A. McCarthy
Village Clerk

^

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                    <text>Minutes of the Board of Trustees
Village of Sleepy Hollow
The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, April
19, 2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Kenneth G. Wray
Thomas Capossela
David L. Schroedel
Karin T. Wompa
Evelyn R. Stupel
Bruce R. Campbell
Barbara J. Carr

Trustees

Also Present: Anthony Giaccio, Village Administrator
Sara DiGiacomo, Village Treasurer
Janet Gandolfo, Village Attorney
Greg Camp, Police Chief
Sean McCarthy, Village Architect
Rich Gross, General Foreman
Mayor Wray called the work session to order at 7:00 p.m.
BUDGET PUBLIC HEARING ^ Mr. Giaccio read the public hearing notice (attached).
Mario Belanich asked what changes would be made from the tentative budget to the final budget
and wanted to know what the contingency fund was for. Mayor Wray responded.
Motion was made by Trustee Schroedel and seconded be Trustee Campbell to close the public
hearing on the 2011/2012 budget. The motion passed 6-0.
SAFETY TRAINING - Nancy Coyne and Brian Miles from the Spain Agency submitted a
summary of all the in-house safety training they have provided to the Village (attached).
LIMOUSINE COMMISSION - Chief Camp reported on a proposed Inter-Municipal Agreement
that would permit the Village to enforce the rules and regulations set forth by the Westchester
Limousine and Taxi Commission. The Village would receive 25% of all fines collected.
COMMUNITY DEVELOPMENT BLOCK GRANTS ^ Fiona Hodgson summarized the
Community Development Block Grant applications. The Village will be requesting funding for
seven projects including new sewers on Cortlandt Street, lights and a new pedestrian intersection
on Beekman Avenue, sidewalks for Clinton Street and North Washington, a senior bus and a
trolley. Applications are due June 1, 2 0 I I .

�PARK RULES - The Recreation Committee made a recemendation to change the park rules
(attached). Discussion ensued.
PORTUGUESE PARADE - The Board reviewed a request made by the Portuguese Community
to hold a candlelight procession along Cortlandt Street on Sun., May 8, 2011 at 7:30pm.
HOTEL TAX - The Board reviewed a resolution to support a proposed State law that would
allow the Village to impose a 3% tax on hotel occupants. Discussion ensued.
EXECUTIVE SESSION
At 8:35, on a motion made by Trustee Schroedel and seconded by Trustee Cambell and carried
unanimously the Board moved to executive session to discuss legal matters.
At 8:45, on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried
unanimously the Board moved out of executive session.
SPECIAL SESSION
On a motion made by Trustee Schroedel and seconded by Trustee Campbell and carried
unanimously the Board moved to special session.
Motion was made by Trustee Schroedel and seconded be Trustee Stupel to accept the resignation
of Jimmy Hayes from the Ambulance Corp. The motion passed 6-0.
Motion was made by Trustee Schroedel and seconded be Trustee Campbell to accept the
resignation of Bryan Duggan from the Ambulance Corp. The motion passed 6-0.
Motion was made by Trustee Campbell and seconded by Trustee Carr to set a public hearing on
Community Development Block Grants for May 3, 2011. The motion passed 6-0.
Motion was made by Trustee Campbell and seconded by Trustee Schroedel to adopt the attached
park rules. The motion passed 6-0.
On a motion made by Trustee Capossela and seconded by Trustee Campbell and carried
unanimously the Board moved out of special session.
At 9:00 p.m. the meeting was adjourned.
Respectfully submitted,

Anthony Gia^cio, Village Administrator

�Village of Sleepy Hollow, 28 Beekman Avenue, Sleepy Hollow, NY 10591
Office of the Clerk 914 366 5106

Public Hearing Notice

Please take notice that the Village of Sleepy Hollow, Board of Trustees, will hold
the continuation of a public hearing on Tuesday. April
2011 at 7:00 p.m.
at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, to hear and consider
comments from members of the public regarding the 2011-2012 tentative budget.

Village Hall is accessible to the handicapped.
By Order of the Board of Trustees
Dated: April
2011
Paula A. McCarthy
Village Clerk
Village of Sleepy Hollow

�REPORT OF PARKS COMMITTEE - 4/8/11
Summer Park Policy
1.

Groups over 20 must have an approved permit

2.

No groups larger than 50 will be approved

3.

No buses (except school buses on trips) allowed in any parks

4.

End hiring students to assist in the parks

Kinesland Park
1.

Issue new park permit and new park rules (see below)

2.

Crossing guards in uniform (2 per shift) should man the booth and inside the park

3.

Security camera in booth

4.

Booth attendant has copy of any approved permits, asks each car "are you with a group?" and
relays information to person inside (see below for duties of booth and attendant)

New Kinesland Park Permit
1.

No separate sheets for facility (pavilion, gazebo, etc.). Instead add check box as follows:
o

Pavilion

o

Gazebo

o

Picnic Area

2.

One $300.00 fee for groups of 20-50

3.

Add line to fill in "type of event" (family reunion, graduation reception, etc.)

4.

Add "No Buses Allowed"

5.

Applicant must have copy of approved permit during event

Kinesland Park Rules
1.

Proof of Westchester residency required

2.

Permit required for groups over 20

3.

Park and Park gate close at 9:00 P M or when parking lots are full

4.

Payment required on reentry

5.

No parking on grass

6.

No swimming or skateboarding

�VILLAGE OF SLEEPY HOLLOW
KINGSLAND PARK
RULES AND REGULATIONS

1. Proof of Westchester County residency required
2. Permit required for groups over 20
3. Park and park gate close at 9:00 P M OR when parking lots are full
4. Payment required upon reentry
5. No parking on the grass
6. No swimming or skateboarding
7. No amplified music, PA systems or portable generators
8. No open fires or gas stoves
9. No alcohol
10. Removal of chains or protective barriers is unlawful

In case of emergency call (914) 631-9800

�Portuguese Community Of The Tarrytowns
Irmandade Dos Cruzados De Fatima
283 North Washington Street
Sleepy Hollow, New York 10591

April 12, 201

Village of Sleepy Hollow
23 Beekman Avenue
Sleepy Hollow. New York 10591
Dear Mayor Ken Wray,
The Portuguese Community will be holding our annual candlelight procession in honor
of Our Lady Of Fatima on Sunday, May 8, 2011 at 7:30 p.m.
The procession will start at the Portuguese American Cultural Center in Tarrytown
continuing through Cortlandt Street and finally arriving at Saint Theresa Of Avila Church
in Sleepy Hollow. We request permission for this event to take place through Sleepy
Hollow.
We sincerely appreciate your attention to this matter.
Very truly yours.

Alberto de Carvalho
Irmandade Dos Cruzados De Fatima
President
ADC/pjj

�Whereas, Jimmy Hayes has submitted his resignation as Captain of the Ambulance
Corps, effective immediately; and
Whereas, it is necessary to fill the vacancy of the position with a corps member who
has the experience and commitment needed to hold the position;
Now Therefore Be It Resolved, the Board of Trustees hereby accepts the
resignation of Jimmy Hayes as Captain of the Ambulance Corps, with thanks and
appreciation to Jimmy for his years of service, commitment and dedication to the
Corps.; and
Be It Further Resolved, the Board of Trustees appoints Shelley Glover as interim
Captain of the Ambulance Corps, effective immediately, to hold such title until such
provides for the election of officers in said By-Laws.
Moved: Trustee Schroedel

Seconded: Trustee Stupel

Vote: 6-0

�Whereas, Bryan Duggan has submitted his resignation as Assistant Chief of the
Ambulance Corps, effective immediately;
Now Therefore Be It Resolved, the Board of Trustees hereby accepts the
resignation of Bryan Duggan with thanks and appreciation.
Moved: Trustee Schroedel

Seconded: Trustee Campbell

Vote: 6-0

�Whereas, the Board of Trustees, will hold a public hearing on Tuesday, May
2011 at 7:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, to
hear and consider comments from members of the public on the proposed 2012-2014
Community Block Grant Applications for funding of pedestrians safety improvements at
Beekman Avenue and Washington Street, street light replacements on Beekman
Avenue, sewer improvements on Cortlandt Street, streetscape improvements on Clinton
Street and North Washington Street, a new senior bus and an alternative fuel trolley to
run on a loop around the downtown triangle.
Any resident of the Village of Sleepy Hollow is entitled to be heard upon said proposed
applications at said public hearing. Village Hall is accessible to the handicapped.
Moved: Trustee Campbell

Second: Trustee Carr

Vote: 6-0

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                    <text>Whereas, Jimmy Hayes has submitted his resignation as Captain of the Ambulance
Corps, effective immediately; and
Whereas, it is necessary to fill the vacancy of the position with a corps member who
has the experience and commitment needed to hold the position;
Now Therefore Be It Resolved, the Board of Trustees hereby accepts the
resignation of Jimmy Hayes as Captain of the Ambulance Corps, with thanks and
appreciation to Jimmy for his years of service, commitment and dedication to the
Corps.; and
Be It Further Resolved, the Board of Trustees appoints Shelley Glover as interim
Captain of the Ambulance Corps, effective immediately, to hold such title until such
provides for the election of officers in said By-Laws.
Moved: Trustee Schroedel

Seconded: Trustee Stupel

Vote: 6-0

�Whereas, Bryan Duggan has submitted his resignation as Assistant Chief of the
Ambulance Corps, effective immediately;
Now Therefore Be It Resolved, the Board of Trustees hereby accepts the
resignation of Bryan Duggan with thanks and appreciation.
Moved: Trustee Schroedel

Seconded: Trustee Campbell

Vote: 6-0

�Resolution to set CDBG Public Hearing
Whereas, the Board of Trustees, will hold a public hearing on Tuesday, May
2011 at 7:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, to
hear and consider comments from members of the public on the proposed 2012-2014
Community Block Grant Applications for funding of pedestrians safety improvements at
Beekman Avenue and Washington Street, street light replacements on Beekman
Avenue, sewer improvements on Cortlandt Street, streetscape improvements on Clinton
Street and North Washington Street, a new senior bus and an alternative fuel trolley to
run on a loop around the downtown triangle.
Any resident of the Village of Sleepy Hollow is entitled to be heard upon said proposed
applications at said public hearing. Village Hall is accessible to the handicapped.
Moved: Trustee Campbell

Second: Trustee Carr

Vote: 6-0

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                    <text>Minutes o f the Boar d o f Trustee s
Village o f Sleep y Hollo w
The Boar d o f Trustees o f the Village o f Sleep y Hollo w held a Work Sessio n o n Tuesday , Apri l
19, 2011 i n Village Hall , 28 Beekma n Avenue , Sleep y Hollow , New York .
Present: Mayo

r Kennet h G . Wra y
Thomas Capossel a
David L . Schroede l
Karin T . Womp a
Evelyn R . Stupe l
Bruce R . Campbel l
Barbara J. Car r Trustee

s

Also Present : Anthon y Giaccio , Villag e Administrato r
Sara DiGiacomo , Villag e Treasure r
Janet Gandolfo , Village Attorne y
Greg Camp , Polic e Chie f
Sean McCarthy , Villag e Architec t
Rich Gross , Genera l Forema n
Mayor Wra y calle d th e work sessio n t o order a t 7:00 p.m .
BUDGET PUBLI C HEARIN G - Mr . Giacci o rea d th e public hearin g notic e (attached) .
Mario Belanic h aske d wha t change s woul d b e made fro m the tentative budge t t o the final budge t
and wante d t o know what th e contingency fun d was for . Mayo r Wra y responded .
Motion wa s made b y Truste e Schroede l an d seconde d b e Truste e Campbel l t o close the publi c
hearing o n th e 2011/2012 budget . Th e motio n passe d 6-0 .
SAFETY TRAININ G - Nanc y Coyn e an d Bria n Mile s fro m the Spai n Agenc y submitte d a
summary o f all th e in-hous e safet y training the y hav e provided t o the Villag e (attached) .
LIMOUSINE COMMISSIO N - Chief Cam p reporte d o n a proposed Inter-Municipa l Agreemen t
that woul d permi t th e Village t o enforce the rule s an d regulation s se t fort h by the Westcheste r
Limousine an d Tax i Commission . Th e Villag e woul d receiv e 25 % o f all fines collected .
COMMUNITY DEVELOPMEN T BLOC K GRANT S ^ Fion a Hodgson summarize d th e
Community Developmen t Bloc k Gran t applications . Th e Villag e wil l b e requestin g fundin g for
seven project s including ne w sewer s o n Cortland t Street , light s an d a new pedestria n intersecfio n
on Beekma n Avenue , sidewalk s fo r Clinton Stree t an d North Washington , a senior bu s and a
trolley. Application s ar e due June 1 , 2011.

�PARK RULE S - Th e Recreatio n Committe e mad e a recemendation t o chang e the park rule s
(attached). Discussio n ensued .
PORTUGUESE PARAD E - Th e Boar d reviewe d a request mad e b y the Portugues e Communit y
to hol d a candlelight processio n alon g Cortland t Stree t o n Sun. , Ma y 8 , 2011 a t 7:30pm .
HOTEL TA X - Th e Boar d reviewe d a resolution t o suppor t a proposed Stat e la w that woul d
allow the Village t o impos e a 3% tax o n hotel occupants . Discussio n ensued .
EXECUTIVE SESSIO N
At 8:35 , on a motion mad e b y Trustee Schroede l an d seconde d b y Truste e Cambel l an d carrie d
unanimously th e Boar d move d t o executive sessio n t o discus s lega l matters .
At 8:45 , on a motion mad e b y Trustee Schroede l an d seconde d b y Trustee Car r an d carrie d
unanimously th e Boar d move d ou t of executive session .
SPECIAL SESSIO N
On a motion mad e by Truste e Schroede l an d seconde d b y Trustee Campbel l an d carrie d
unanimously th e Boar d move d t o specia l session .
Motion wa s made b y Truste e Schroede l an d seconde d b e Truste e Stupe l t o accept th e resignatio n
of Jimmy Haye s fro m the Ambulanc e Corp . Th e motion passe d 6-0 .
Motion wa s made b y Truste e Schroede l an d seconde d b e Truste e Campbel l t o accept th e
resignation o f Brya n Dugga n fro m the Ambulance Corp . The motio n passe d 6-0 .
Motion wa s mad e b y Truste e Campbel l an d seconde d b y Trustee Car r to se t a public hearin g o n
Community Developmen t Bloc k Grant s fo r May 3 , 2011. Th e motion passe d 6-0 .
Motion wa s mad e b y Trustee Campbel l an d seconde d b y Trustee Schroede l t o adopt th e attache d
park rules . Th e motio n passe d 6-0 .
On a motion mad e b y Truste e Capossel a an d seconde d b y Truste e Campbel l an d carrie d
unanimously th e Boar d move d ou t of specia l session .
At 9:0 0 p.m . the meeting wa s adjourned .
Respectfully submitted ,

Anthony d i ^ c i o . Villag e Administrato r

�Village o f Sleep y Hollow , 2 8 Beekma n Avenue , Sleep y Hollow , N Y 1059 1
Office of the Clerk 91 4 36 6 510 6

Public Hearing Notice
Please take notic e that th e Villag e o f Sleep y Hollow , Boar d of Trustees, wil l hol d

the continuation of a public hearin g on Tuesday. April 19"^ . 2011 a t 7:0 0 p.m .

at Villag e Hall , 2 8 Beekma n Avenue , Sleep y Hollow , Ne w York, to hea r an d conside r
comments fro m member s o f th e publi c regardin g th e 2011-201 2 tentativ e budget .

Village Hall is accessible to the handicapped.
By Order of the Boar d of Trustees
Dated: Apri l 12 ^ 201 1
Paula A . McCarth y
Village Cler k
Village o f Sleep y Hollo w

�REPORT OF PARKS COMMITTEE - 4 / 8 / 1 1
Summer Par k Policy
1. Group s over 20 must have an approved permi t
2. N o groups larger than 50 will be approved
3. N o buses (except school buses on trips) allowed in any parks
4. En d hiring students to assist in the parks
Kinesland Park
1. Issu e new park permit and new park rules (see below)
2. Crossin g guards in uniform (2 per shift) should man the booth and inside the park
3. Securit y camera in booth
4. Boot h attendant ha s copy of any approved permits, asks each car "are you with a group?" and
relays information to person inside (see below for duties of booth and attendant )
New KinRslan d Park Permit
1. N o separate sheets for facility (pavilion, gazebo, etc.)- Instea d add check box as follows:
o Pavilio n
o Gazeb o
o Picni c Area
2. On e $300.00 fee for groups of 20-50
3. Ad d line to fill in "type of event" (family reunion, graduation reception, etc. )
4. Ad d "No Buses Allowed"
5. Applican t must have copy of approved permit during event
KinEsland Park Rules
1. Proo f of Westchester residenc y require d
2. Permi t required for groups over 20
3. Par k and Park gate close at 9:00 PM or when parking lots are full
4. Paymen t required on reentry
5. N o parking on grass
6. N o swimming or skateboarding

�VILLAGE OF SLEEPY HOLLO W
KINGSLAND PAR K
RULES AND REGULATION S

1. Proo f o f Westchester Count y residenc y require d
2. Permi t require d fo r group s ove r 2 0
3. Par k an d pari c gate clos e at 9:0 0 P M O R when parkin g lots are ful l
4. Paymen t require d upo n reentr y
5. N o parkin g on the gras s
6. N o swimmin g o r skateboardin g
7. N o amplifie d music , P A systems o r portabl e generator s
8. N o ope n fires o r ga s stove s
9. N o alcoho l
10. Remova l o f chain s or protectiv e barrier s i s unlawfu l

In cas e o f emergenc y cal l (914 ) 631-980 0

�Portuguese Communit y O f Th e Tarrytown s
Irmandade Do s Cruzados D e Fatim a
283 Nort h Washingto n Stree t
Sleepy Hollow , Ne w Yor k 1059 1
April 12,201 1
Village o f Sleep y Hollo w
23 Beekma n Avenu e
Sleepy Hollow , Ne w Yor k 1059 1
Dear Mayo r Ke n Wray ,
The Portugues e Communit y wil l b e holdin g ou r annua l candleligh t processio n i n hono r
of Our Lad y O f Fatim a o n Sunday , Ma y 8 , 2011 a t 7:3 0 p.m .
The processio n wil l star t a t the Portugues e America n Cultura l Cente r i n Tarrytow n
continuing throug h Cortland t Stree t an d finally arrivin g a t Sain t Theres a O f Avila Churc h
in Sleep y Hollow . W e reques t permissio n fo r this event t o take plac e throug h Sleep y
Hollow.
We sincerel y appreciat e you r attentio n t o this matter .
Very trul y yours ,

Alberto d e Carvalh o
Irmandade Do s Cruzados D e Fatim a
President
ADC/pjj

�RESOLUTION REQUESTIN G TH E NEW YOR K STAT E LEGISLATUR E
AUTHORIZE TH E TOW N O F GREENBURGH AN D TH E VILLAGE S O F
ARDSLEY, DOBB S FERRY , ELMSFORD , HASTINGS-ON-HUDSON , IRVINGTON ,
SLEEPY HOLLO W AN D TARRYTOW N T O ADOP T A LOCA L LA W T O IMPOS E
A THREE PERCEN T (3% ) HOTEL/MOTEL OCCUPANC Y TA X
WHEREAS, Sectio n 120 2 of the New Yor k Stat e Tax La w authorize s an d empower s
certain citie s and countie s i n New Yor k Stat e to adopt an d amen d loca l law s imposin g a
Hotel and/o r Mote l "Occupanc y Tax " upon person s occupyin g hotel s o r motels i n certai n
counties an d cities ; an d
WHEREAS, Sectio n 120 2 is not applicabl e t o "Permanent Residents " o f a hotel o r
motel whic h ar e persons occupyin g an y room o r rooms i n a hotel o r motel fo r at leas t
thirty (30 ) consecutiv e days ; an d
WHEREAS, Sectio n 120 2 provides that an y tax impose d shal l b e paid b y the perso n
liable thereof to the owner o f the room fo r hire, or to the person entitle d t o be paid th e
rent o r charge fo r the room , an d tha t suc h owne r o r person shal l b e liabl e fo r collectio n
and payment o f the tax to the chie f fiscal officer of the municipality; an d
WHEREAS, th e New Yor k Stat e Legislatur e has , over th e past fe w years, authorize d
a Hote l and/o r Mote l Occupanc y Ta x fo r the Cit y o f White Plains , th e Cit y o f Ne w
Rochelle, th e Cit y o f Peekskill, th e Cit y of Rye an d th e Village o f Rye Brook ; an d
WHEREAS, ther e ar e more than 2,00 0 room s fo r rent i n the Town o f Greenburg h an d
the Villages o f Ardsley, Dobb s Ferry , Elmsford , Hastings-on-Hudson, Irvington , Sleep y
Hollow an d Tarrytow n tha t woul d b e subject to the occupancy tax ; an d
WHEREAS, th e adoptio n o f legislation tha t provide s fo r a Hotel and/o r Mote l
Occupancy Ta x b y loca l optio n vi a local la w will provide the Tow n an d Village s anothe r
source o f funds to provide muc h neede d service s to ou r residents tha t ar e becomin g muc h
more difficul t to provide du e to the economic situatio n impactin g loca l governments ; an d
WHEREAS, th e implementatio n o f a Hotel and/o r Mote l Occupanc y Ta x wil l no t
have a cost impac t upo n th e residents o f our communitie s sinc e the tax i s paid b y visitor s
to our communities an d no t th e loca l residents ; an d
WHEREAS, th e implementatio n o f a hotel ta x wil l mor e directl y alig n th e interest s o f
the hotel industr y wit h tha t o f the municipalities an d wil l provid e a n incentiv e fo r the
municipalities an d th e hotel industr y t o work collaborativel y t o furthe r those interests ;
and

�WHEREAS, th e past action s o f the New Yor k Stat e Legislatur e t o adopt legislatio n
for a Hotel and/o r Mote l Occupanc y Ta x i n Whit e Plains , New Rochelle , Peekskil l an d
Rye Broo k ar e applaude d b y our communitie s an d the Tow n o f Greenburgh an d th e
Villages o f Ardsley, Dobb s Ferry , Elmsford , Hastings-on-Hudson, Irvington , Sleep y
Hollow an d Tarrytow n hereb y reques t th e sam e consideratio n fro m the New Yor k Stat e
Legislature.
NOW, THEREFORE , B E I T RESOLVED, tha t the Boar d o f Trustees o f the Villag e
of Sleep y Hollo w doe s hereb y suppor t th e legislatio n sponsore d b y Asseniblyperso n
Thomas Abinant i (AO S 191) which authorize s th e Tow n o f Greenburgh an d th e si x
Villages i n th e Town o f Greenburg h a s well a s the Village o f Sleep y Hollo w i n the Tow n
of Mount Pleasan t t o adopt loca l law s i n their respectiv e loca l government s t o impose a
three percen t (3% ) hotel/mote l occupanc y tax .
Moved: Truste e Stupe l Seconded

: Truste e Schroede l Vote

: 5- 0

�Village of Sleepy Hollow
Services, Training and Ris k Managemen t
Listed below are programs the Villag e ha s offered to it s employees and other municipalitie s i n an effort
to provid e a safe work environment .

May 5, 2009
June 18 , 2009
April 4, 2010
April 9, 2010
May 27, 201 0
June 8, 2010
June 29, 2010
July 28, 2010
August 6 , 2010
October 8 , 2010
November 5 , 2010
November 16 , 2010
January 18 , 201 1
February 2 , 201 1
February 14 , 2011
March 11 , 201 1
March 31 , 201 1
April 5, 201 1

Loss Control Inspectio n of Propert y
Meeting to develo p Safet y Committe e
Defensive Drivin g Course
Safety Committee Meetin g
NYMIR Los s Control Inspectio n
Safety Committee Meetin g
Law Enforcement Los s Control Inspectio n
Sexual Harassment and Workplace Violenc e Trainin g
Assisted with Safet y Manua l
Confined Space Awareness Trainin g
Quarterly Ris k Management Safet y Meetin g
Safety Committee Meetin g
Confined Space Training
Claims Revie w
Defensive Drivin g Class
Safety Committee Meetin g
Sexual Harassment, Workplace Violenc e and Drive r
Awareness Trainin g
Quarterly Ris k Management Safet y Meetin g

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                    <text>Meeting Date: 4/12/2011
Resolution #: 4/34/2011
Whereas, the Village has been notified by the Department of Environmental
Conservation of the necessity for further and additional cleanup of properties
surrounding the former Duracell Site; and
Whereas, the Connecticut firm, AECOM, has been retained by Gillette to perform the
cleanup work; and
Whereas, AECOM has requested a license from the Village to utilize the former
Duracell Site (now a parking lot owned and operated by the Village); and
Whereas, the Board of Trustees has determined that it is in the best interests of the
Village to permit AECOM to use the Village property as a staging area for the cleanup
work.
Now Therefore Be It Resolved the Board of Trustees hereby authorizes the Mayor
to execute the attached agreement.
Moved: Deputy Mayor Capossela

Seconded: Trustee Carr

Vote: 6-0

. tt« ynrterslgned
1, . v . - ' r k . do
herebv «r«fy mat
OerV'D^i^ attrk,
dolfeeby
t » t ttie foregoing ib
eJffr^ct duly adopts by the Board of
a trw o w ^
Tnj^M of Vlll^ of Sleepy Hollow, on the J2_jiay
of A o t S L
20 11 and ofttwwhole thereof.
aridl^ww^Sfy^atttiesame was entered into the
minytes ofttiemwtlfif of said Soart of Trustees, held u^'.
»id date.
IN WFTNI^
I haw hereunto m. my hand an.
^dal
rn^msl^m
20iJ

�LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), is entered into this
day of
April, 2011, by and between THE VILLAGE OF SLEEPY HOLLOW, a municipal
corporation, with its offices located at 28 Beekman Avenue, Sleepy Hollow, New York
("Licensor"), and AECOM, a domestic corporation, with offices located at 40 British
American Boulevard, Latham, New York 12110 ("Licensee").

RECITALS
A. Licensor is the legal owner of certain property located in the Village of
Sleepy
Hollow, New York, more particularly located at 60 Elm Street.
B. Licensee has requested a license to enter upon a portion of the property
located at 60 Elm Street for the purpose constructing a temporary staging area
which will support work ("Permitted Use") associated with the New York
State Department of Environmental Conservation ("NYSDEC") Order on
Consent ("Order") signed by The Gillette Company in December, 2009.
C. Licensor is willing to grant the requested permission for the Permitted Use
subject to and upon the following terms and conditions:

AGREEMENT
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
1) GRANT: Subject to the terms and conditions of this Agreement, Licensor
hereby grants to Licensee an exclusive license ("License") to enter upon the
property for the sole purpose of the Permitted Use, as described on the plans
attached hereto as Exhibit "A" ("Licensed Area"). Licensee shall have no
rights of entry or use of any property other than in the licensed area.
2) TERM: Subject to the terms of this Agreement, the terms of this License
shall be for a period of two (2) years, subject to renewal upon application
of the Licensee to the Licensor.
3) RESPONSIBILITIES OF THE PARTIES:
a) Licensor shall be solely responsible for obtaining and maintaining any and
permits or other licenses required for Licensee to use the Property for the
Permitted Use.

�b) Licensee shall assume full and complete responsibility for the
supervision and control of any and all persons and vehicles entering upon
the Licensed Area, and shall supply all necessary signs or directions, traffic
and parking control.
c) Without in any way limiting the generality of the foregoing, Licensee
agrees to comply with any and all conditions, restrictions and
requirements imposed upon Licensee by the Village's Planning Board,
Zoning Board of Appeals, and/or Building Department ("Boards and
Agents").
d) Notwithstanding the nature and scope of the Permitted Use, Licensee
shall not disturb or commit any waste or nuisance on the Licensed Area.
e) Without in any way limiting any conditions, restrictions and
requirements imposed by the Boards and Agents of Licensor, Licensee shall
maintain the Licensed Area in a clean and orderly manner at Licensee's cost
and expense.
f) Licensee shall, after the conclusion of the term of this Agreement, or any
extension thereof, at Licensee's sole cost and expense, cause the Licensed
Area to be returned to the condition existing thereon prior to the
commencement of this Agreement, including free of garbage or debris of any
kind.
g) Licensee acknowledges that Licensor shall not be responsible for any loss
or damage to any person or property, including, without limitation, any
vehicle parked on, or using, the Licensed Area, in connection with the
License granted herein.
h) Licensee shall take all precautions as are necessary in the interest of public
safety and for the safety of any persons working on or traveling upon or in
any
way using the Licensed Area or land adjacent thereto when setting up,
performing the work and dismantling the Licensed Area. Licensor shall be
responsible for all police supervision and agrees to take all precautions for
the
protection of all persons and of real and personal property using the Licensed
Area or situated on the perimeter adjacent to or abutting the Licensed Area.
i) Licensee's use of the Licensed Area shall be in conformity with safe
practices and shall at all times be in compliance with all local. State, and
Federal laws, statutes, rules, and regulations pertaining thereto.
j) Licensee shall keep the Licensed Area and every part thereof free and clear
of any and all liens and encumbrances for work performed by
Licensee, or on
Licensee's behalf, on the Properties.

4) PUBLIC RECORDS: The License is subject to any and all matters of record
and those matters which a personal inspection of the Property would reveal.
Licensee accepts the license and property AS IS. Licensee acknowledges that
neither Licensor nor any of Licensor's affiliates has made any warranty or

�representation, express or implied, with respect to any of the Properties,
including any warranty or representation as to (i) fitness, design or condition
for any particular use or purpose, (ii) the quality of the material or
workmanship therein, (iii) the existence of any defect, latent or patent, (iv)
compliance with laws, (v) locations, (vi) use, (vii) operation or (viii) the
existence of any hazardous substance (as hereinafter defined); and all risks\
incident thereto are to be born by Licensee. Licensee acknowledges that the
property has been inspected by Licensee and is satisfactory to it for the
permitted use. In the event of any defect or deficiency in any of the properties
of any nature, whether latent or patent. Licensor shall not have any
responsibility or liability for any damages, including incidental or
consequential damages. Licensee releases and discharges Licensor from any
and all claims or causes of action that Licensee may now have or hereafter
have against Licensor relating to the subject matter of this Agreement.
5) GOVERNING LAW: This Agreement shall be governed and construed in
accordance with the laws of the State of New York and shall not be modified,
altered, or amended except in writing as agreed to by the parties hereto.
6) INSURANCE: Throughout the term of this Agreement, Licensee and/or it
Agents and sub-licensees, if any, shall obtain and maintain, at Licensee's sole
cost and expense, and keep in force for the benefit of Licensor, as an
additional insured, insurance policies providing the following coverages:
(a) Commercial General Liability Insurance, which shall include
contractual liability, protecting and indemnifying Licensor against any and
all liabilities and claims for damages to persons or property occasioned on
or about any part of the Licensed Area, and all other areas adjacent to the
Licensed Area, with such policy to be in the minimum amount of Five
Million Dollars ($5,000,000) for bodily injury to or death of one person
and Five Million Dollars ($5,000,000) aggregate per occurrence for bodily
injury and death and One Million "Dollars ($1,000,000) for property
damages.
(b) Worker's compensation insurance to the extent required by applicable
law with respect to all persons employed or hired by Licensee and/or any
sub-licensees, and containing such terms and conditions as are required
under applicable law.
(c) Comprehensive Automobile Insurance including owned and nonowned automobile insurance with a minimum limit of Five Million
Dollars ($5,000,000) per occurrence combined single limit for bodily
injury and property damage.
(d) Excess liability of $20,000,000 per occurrence and aggregate.
7) INDEMNIFICATION: Licensee shall indemnify, defend and hold
harmless Licensor, its affiliates and their respective members, partners, venturers,
stockholders, directors, officers, employees, spouses, legal representatives, agents,
successors and assigns from and against any and all losses, costs, demands,

�damages, suits, claims, liabilities and expenses (including, without limitation,
reasonable attorneys' fees and expenses), resulting directly or indiscreetly from
the rights granted herein, or Licensees, or its invitees', entry on or use of the
Licensed Area. Licensee hereby releases, settles, cancels, discharges and
acknowledges to be fully satisfied, any and all claims, demands, damages, debts,
liabilities, obligations, costs, expenses, liens, actions, and causes of action of
every kind and nature whatsoever, whether under federal, state or common law,
whether known or unknown, foreseen or unforeseen, suspected or unsuspected,
which Licensee or anyone claiming by, through or under Licensee may, now or
hereafter, have against the Licensor Parties relating to the rights granted herein or
Licensee, or its invitees', entry on or use of the Licensed Area. The indemnity
obligation and release set forth in this paragraph shall survive the expiration or
earlier termination of this letter agreement.
8) TERMINATION: Notwithstanding anything contained in this
Agreement to the contrary, in the event Licensee fails to fulfill any of its
obligations or covenants herein. Licensor shall be entitled to assert all of its rights
and remedies available at law or in equity, including, without limitation, the right
to immediately terminate this Agreement and the License granted hereby and
remove, or cause to be removed, all persons, equipment, vehciles, debris and
garbage from the Licensed Area at Licensee's expense. Additionally, and without
limitation of the foregoing, Licensor shall have the unilateral right to terminate
this Agreement and the License granted hereby if the Licensor determines that the
actions or failure to take action on the part of Licensee shall have caused or be
reasonably likely to cause damage to person or property. In any such event.
Licensor shall deliver written notice to Licensee at the address set forth above
exercising Licensor's right to terminate this Agreement and the License granted
hereby.
9) FEE: In consideration of the License granted hereby. Licensee agrees to
reimburse Licensor the sum of $6,000 annually ($600 per month or any part
thereof). Said fee is due in annual installments commencing upon the execution
of this Agreement.
10) NOTICES: All notices or other communications provided for under this
Agreement shall be in writing, signed by the party giving the same, and shall be
deemed properly given and received (i) when actually delivered and received, if
personally delivered; or (ii) three (3) business days after being mailed, if sent by
certified mail, postage prepaid, return receipt requested; or (iii) one (1) business
day after being sent by overnight delivery service, all to the following addresses:
If to Licensor:

If to Licensee:

Village Administrator
28 Beekman Avenue
Sleepy Hollow, New York 10591
AECOM
40 British American Boulevard

�Latham, New York
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement as of the date first written above.

f
VILLAGE ^

Name:
Title:
AECOM
By:
Name:
Title:

SLEEP^OLLOW

Kenneth G. Wray
Mayor
&lt; r

�Meeting Date:
Resolution #:

04/12/2011
04/35/2011

Be it Resolved that the Board of Trustees of the Village of Sleepy Hollow does hereby adopt
the following:
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 2011 Village Assessment Roll, as prepared by the Office of 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 2011 Village Assessment Roll, as
prepared by the Village Assessor.
3) The Class Tax Shares adopted for the Village Levy Roll of 2011 are as follows:
Homestead
66.6017%

Moved: Trustee Schroedel

Non-Homestead
33.3983%

Seconded: Trustee Capossela

Vote: 6-0

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�Meeting Date:
Resolution #:

04/12/2011
04/36/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Authorize Mayor to sign the Ambulance Service Agreement
With the Mount Pleasant West Ambulance District for 2010-2011
BE IT RESOLVED that the Board of Trustees hereby authorizes the Mayor to sign the
attached Ambulance Service Agreement with the Town of Mt. Pleasant West Ambulance
District for the period January 1, 2010 through December 31, 2011.
Moved: Trustee Carr

Seconded: Trustee Campbell

Vote: 6-0

�^

o

i'^^^Tr" i i
f

JOAN A. MAYBURY
Supervisor

February 23, 2011

Kenneth G. Wray, Mayor
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, New York 10591
Re: 2010 and 2011 Agreement for Ambulance Service
Dear Mayor Wray,
Enclosed are two signed copies of revised agreement for ambulance services for
the Mount Pleasant West Ambulance District. This covers the years 2010 and 2011. For
2010 the payment is $7,008 and for 2011 the payment is $7,220 as reflected in the
Town's budgets.
If acceptable, please return one signed copy and I will have the Town Comptroller
process the initial payment.
Thank you for your efforts.
|Very truly voilrs

/ Joan A. Maybury
Town Supervisor
JAM/jk
Cc: Anthony Giacco, Village Administrator

ONE TOWN HALL PLAZA

VALHALLA, N.Y. 10595

PHONE: 914-742-2300

- Recycled Paper -

FAX: 914-769-3155

�AGREEMENT

This agreement dated as of

by and between

MOUNT PLEASANT WEST AMBULANCE DISTRICT, with offices at One
Town Hall Plaza, Valhalla, New York 10595 (hereinafter
referred to as the "DISTRICT") and VILLAGE OF SLEEPY
HOLLOW, a municipal corporation duly organized and existing
under the laws of the State of New York with offices at 28
Beekman Avenue, Sleepy Hollow, NY (hereinafter referred to
as the "VILLAGE").

WHEREAS, the agreement between the parties has
expired on June 30, 2009 and the parties intend to renew
that agreement in substance, and

WHEREAS, the DISTRICT was established pursuant to
TOWN LAW Section 190 et seq. for the purpose of providing
emergency medical services for the purpose of providing
pre-hospital emergency medical treatment and emergency
transportation of sick or injured persons found within the
boundaries of the DISTRICT to hospitals, sanitariums or
other places within reasonable distances for the treatment
of such illness or injury; and

WHEREAS, the VILLAGE operates an ambulance
service know as the Sleepy Hollow Ambulance Corps
(hereinafter referred to as the "AMBULANCE CORPS"); and

�WHEREAS, the VILLAGE wishes to furnish emergency
ambulance service to persons requiring same within the
boundaries of the District; and

WHEREAS, the DISTRICT may contract with one or
more organizations having sufficient training and personnel
experienced in the operation, maintenance and repair of
emergency vehicles and for furnishing of emergency
treatment; and

WHEREAS, the AMBULANCE CORPS has the experience,
personnel and equipment as required to faithfully fulfill
the terms of this Agreement.

NOW, THEREFORE, it is mutually agreed as follows:

FIRST:

1) The VILLAGE through the AMBULANCE

CORPS hereby agrees to furnish to the DISTRICT, 24 hours, 7
days per week emergency ambulance service for a term of
five years, commencing January 1, 2005 to December 31,
2009.

In the event all AMBULANCE CORPS vehicles are in use

and an additional call for emergency assistance is placed
within the District, the "mutual aid" plan will
automatically be activated whereby a neighboring ambulance
service will respond to the call.
2) In consideration for the performance of the
emergency ambulance services to be performed by the
AMBULANCE CORPS, the DISTRICT shall pay to the VILLAGE for
the calendar years as follows:

�2005 - $4,132
2006 - $4,272
2007 - $5,767
2008 - $6,574
2009 - $6,804
2010 - $7,008
2011 - $7,220

SECOND:

The VILLAGE and the AMBULANCE CORPS

shall comply with all federal, state and local statutes and
ordinances, including and not limited by. Article 30 of the
Public Health Law of the State of New York, as amended, as
the same pertains to the ambulance services.

It is further

agreed that the VILLAGE and the AMBULANCE CORPS shall
comply with any and all applicable regulations issued from
time to time by regulatory agencies having jurisdiction.

THIRD:

The VILLAGE and the AMBULANCE CORPS

hereby agree to furnish the DISTRICT the necessary
certificates certifying that it has complied with all of
the laws of the State of New York regarding the training of
personnel and shall provide equipment, ambulance and
personnel sufficient to furnish said services.

FOURTH:

The AMBULANCE CORPS through its

appropriate members shall at all times during the term of
this agreement be subject to call for such emergency
service by the Police Department for a person or persons
living or found within the boundaries of the DISTRICT and.

�when notified by the Police Department of a request for
such service, shall respond to and render such service
without undue delay and with suitable equipment and
personnel.

FIFTH:

The VILLAGE and the AMBULANCE CORPS

shall indemnify and save harmless the DISTRICT and the Town
of Mount Pleasant against all liability, losses, cost (of
whatever nature or description including reasonable
attorneys fees) and damages on account of injury to persons
or property arising as a result of alleged negligence, want
of care or fault of any nature whatsoever of the AMBULANCE
CORPS pertaining to this Agreement.

SIXTH:

This Agreement cannot be changed or

modified except by another instrument in writing, signed
and executed as of the date and year first written above.

SEVENTH:

This Agreement shall be nonassignable.

EIGHTH:

This Agreement shall be governed and

construed pursuant to the laws of the State of New York.

NINTH:

Neither of the parties herein shall be

responsible for failure or delay in the performance of any
obligation hereunder caused by labor disturbances, fire,
earthquake, war, insurrection, interference by civil or
military authorities, floods, storms, transportation

�embargoes, or any other cause whatsoever hot within its
control and which by the exercise of due diligence it is
unable to overcome, of the nature or class commonly
embraced in the phrase, "Act of God," whether one of the
causes hereinabove enumerated or not.

IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be duly signed and executed as of the
day and year first written above.

MOUN-p^^ilASANT WEST~^BULANCE DISTRICT

floAn

//

A .

M^ybury, Sup4|:visor

u

l/Town of Mount Pleasant

Attest

V I I L ^ E OF SLEEEMHOL|(QW

By:
Keniieth G. Wray, Mayor-

Attest

�Meeting Date:
Resolution #:

4/12/2011
4/37/ 2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving
Change Orders for the Shaft Nine Pump Station Project
WHEREAS, The Village of Sleepy Hollow entered into a contract with Cassidy
Excavating of Valhalla, NY for the Shaft Nine Pump Station site work; and
WHEREAS, Due to unexpected circumstances outlined in the attached memo,
additional work was necessary to complete the project; and
WHEREAS, the Village Engineer has reviewed Change Orders, (#3, 4, 5, 6) and is
recommended payment for this additional work; and
WHEREAS, funding for said project is being paid through the Village's capital budget.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the
Change Orders for the Shaft Nine Pump Station project at a total amount of $14,021.58
Moved: Trustee Campbell

Seconded: Deputy Mayor Capossela

Vote: 6-0

�Dolph Rotfeld Engineering, P.C.

MEMO

Date: March 29, 2011
To:

Anthony Giaccip-^^

From: Danny Peluso|^
Re:

Shaft 9 Site Work - Additional Work - Invoice # 6

Cassidy Excavation performed the following additional work for the Shaft 9 Site Work.
Change order # 3
During excavation for the water main tie in at the aqueduct the contractor encountered
additional buried structures and interferences that had to removed and supported that
were not shown on the NYCDEP plans. The contractor had to excavate, remove and
support these utilities in order to make the final connection to the suction line and the
vacuum lines. The cost for this work was $7,756.27
Change order # 4 &amp; 5
Do to the inferences encountered the main on the suction side had to re located to make
the connection to the station. The cost for this work was $4,243.38
Change order #6
Con Edison required and additional conduit installed to pull cable for the new
transformer connection. The cost for this work was $2,021.93

�Meeting Date:
Resolution #:

04/12/2011
04/38/2011

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Approving the Annual Memorial Day Parade
BE IT RESOLVED that the Mayor and Board of Trustees hereby allows the Central
Veterans of Tarrytown and Sleepy Hollow to hold its Annual Memorial Day Parade on
May 30, 2011 beginning at 9:00 a.m. passing through the Village via North Broadway to
Beekman Avenue west to South Washington Street to Patriot's Park.

Moved: Trustee Campbell

Seconded: Trustee Stupel

Vote: 6-0

�CENTRAL VETERANS COMMITTEE

V'tl L A f - t r - L:'-;

MAR o 2 /Oil

OF THE TARRYTOWNS
57

M A R C H 1, 2011

permissk

Day parade in

The

A M . The parade will
A M sharp. The
to Patriot's Park,

ofy.
by

Truly,

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                    <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, April 12,
2011, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Thomas Capossela
David Schroedel
Barbara Carr
Bruce Campbell
Karin Worn pa
Evelyn Stupel, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel
Richard Gross, Village General Foreman
Sean E. McCarthy, Village Building Inspector
Gregory Camp, Village Police Chief
At 7:05 pm, the Mayor called the meeting to order with a pledge to the flag.
The Mayor called for a moment of silence for Dave Logan from the Sleepy Hollow Cemetery.
Public Hearing for the 2011-12 Village Budget The Mayor opened the meeting to the public and evoked the 5 minute rule.
The Village Clerk read the announcement for the public hearing aloud for the record.
Sara DiGiacomo, Village Treasurer spoke about the proposed budget. She spoke about the
General Fund, Sanitation Fund, Parking Fund, Water Fund and Sewer Fund. She stated that
the tax levy would be an increase of 5.05% for the homestead rate and an increase of 6,56%
for the non homestead rate. She stated that the biggest impact to the budget is employee
benefits, salaries and retirements which continue to rise.
The Mayor opened the meeting to the public and evoked the 5 minute rule.
Don Cateano of 43 Lawrence Avenue addressed the Mayor and the Board and asked about
the budget and the spending for the library.
Sara DiGiacomo responded that the library budget presented 3 scenarios. She stated that the
lowest was $649,000.

�Don Cateano asked what the Village is getting for $600,000. He asked about the benefit to
the Village. He stated that the Board should work on a library at the GM site.
Mario Belanich of Washington Street addressed the Mayor and the Board and asked how the
Village determines the library budget. He asked about the Villages share and Tarrytowns
share. He stated that each school has its own library. He asked about the total budget for
the library. Sara DiGiacomo responded that its about $1.4 million.
The Mayor stated that the agreement has been for many years that Sleepy Hollow and
Tarrytown share the cost of the library. He stated that it was based on the population in the
Villages. In 2000, Sleepy Hollow refused to accept the new census data. He stated that
Sleepy Hollow continued to use 1990 census data. He stated that recently, Sleepy Hollow
agreed to catch up based on population. He stated that this year we will be up to 47% of the
total population of the two villages, and that the existing agreement is still based on
population percentage. He also stated that the library employees are Tarrytown's employees.
He stated that the Budget Board consists of 3 members named by Tarrytown and 3 named by
Sleepy Hollow.
Mario Belanich asked how many residents from Tarrytown and Sleepy Hollow use the library.
He stated that the percentages should be based on what percentage of residents use the
library.
Daniel Scott of River Street addressed the Mayor and the Board and stated that he checked
the budget and asked for more explanation on a few items. He stated that $530,000 is for
consultant or contractual services and that $93,000 is for IT services and $180,000 are for
software maintenance. He stated that this number is very high for a small village. He stated
that the itemized department breakdown should be made public. He stated that Police and
Fire are part of Public Safety. He asked about additional revenue such as Halloween
celebrations and profits
Jack Gasko of Webber Ave addressed the Mayor and the Board and stated that the Village is
spending a lot of money on consultants. He stated that the budget includes $100,000 on
publicity.
Bruce Campbell responded that the $100,000 is for the Village website and TV station.
Don Cateano asked what services these lawyers are providing.
matter" is being supported by tax payers.

He stated that "a personnel

At this Time the public hearing was adjourned.
The Mayor stated that if anyone wanted to submit questions on the proposed
2011-2012 Budget they should submit the question in writing to the Village Clerk.

�Public Hearing for Amended General Motors Application The Mayor opened the meeting to the public and evoked the 5 minute rule.
The Village Clerk read the announcement for the public hearing aloud for the record.
David Bedell of Webber Park addressed the Mayor and the Board and asked if a draft of the
special use permit is available.
The Mayor said not at the moment.
David Bedell stated that he wants to reiterate that it's important that the draft permit is out in
advance. He also reiterated the questions submitted previously to the Board. He stated that
everything should be available to the public. He stated that things should be easy to access
and that questions should have a specific response.
Trustee Schroedel said that the Trustees have tried to gather all the comments from the
public and combine it with all the work done by the Trustees. He stated that the outcome of
the public hearing represents the community.
David Bedell stated that he was happy that the Board is considering public comments and
that the public will be able to see and exam the specific language.
Mario Belanich asked when the original application was amended.
The Mayor responded that the amendment was presented, and there were several hearings
on the amendment.
Trustee Schroedel stated that on December 2010, GM submitted an amended application.
Mario Belanich asked what GM wanted to amend.
The Mayor said when the application was originally submitted (2007), GM and Roseland were
on the application. He stated that GM had to change the application since they are no longer
partners.
Trustee Campbell stated that the Trustees held public hearings on 2/15, 3/8, 3/22, and 4/12.
Trustee Campbell made a motion to close the public hearing. It was seconded by Deputy
Mayor Capossela. It was unanimous (6-0).
Trustee Schroedel reminded everyone that at every meeting, there are two public sessions for
the public to make any comments on any matter.

�Trustee Carr made a motion to approve the warrants of $199,016.87 as submitted.
Trustee Schroedel seconded. It was unanimous (6-0).
Approval of Minutes:
The Board reviewed the minutes of the 03/29/2011, 04/04/2011 and 04/05/2011 meetings.
Trustee Carr made a motion to approve the minutes as submitted. Trustee Schroedel
seconded. It was unanimous (6-0).
Mayor announcements:
The Mayor noted the amazing turn out to raise household items, food and clothes for the
families that were impacted by the recent fire. He stated that about $4000 was raised. He
thanked everyone who contributed.
Public Comments:
The Mayor opened the public comments period and evoked the 5 minute rule.
There were no public comments at this time.
Trustee Reports:
Trustee Schroedel - stated that the Public Safety Committee has been working with
the Police Chief on developing the TV budget. He stated that the Finance Committee has met
with Village Treasurer and Village Administrator to prepare recommendations for the next
meeting.
Trustee Carr - stated that the Sleepy Hollow Seniors will be meeting on Friday. She
stated that the Environmental Advisory Council is working with each neighborhood group to
dedicate a day to perform spring cleanup in local parks. She stated that there is a clean-up
day at Kingsland Park this Saturday and the next one is scheduled at Douglas Park and
everyone is invited to attend. She stated the boy scouts volunteered to assist in planting the
small trees.

�Trustee Campbell - stated that the Village is considering withdrawing from the existing
cable consortium and making a separate agreement with cablevision. He urged the public to
visit the website for current information on Village events and alerts. He stated that the Parks
Committee has met and discussed the upcoming park season and the proposed new rules will
be distributed to the Board for the next work session. He stated that the registration for the
T-ball recreational camp at Devries Park will be held on April 18'^ to
from 9am -12 noon.
Deputy Mayor Capossela - stated that last Saturday, the TNT parade kicked-off. He
stated that the new batting cage is complete. He stated that on Good Friday, the village is
closed and that the new recycling laws have gone into effect. He stated that the Village
cannot accept plastic bags for recycling. He also stated that the Easter egg hunt will be held
on April 23, at 11 am at Douglas Park.
Trustee Wompa -The DPW has put some new additions at Morse Park including new
benches and new garbage cans. She stated that there is an Earth Day contest this Saturday
April 16'^, and the children can make posters and bring to the event. She stated that David
Bedell has selected native species and kids will be working on the garden area. This project
has been incorporated by the school.
Trustee Stupel - stated that a court date was held on April
and the next one is on
April 28'^. She stated that she is working with the Building Department on their budget. She
stated that the Building Department is still requesting a part-time enforcer and clerical
backup. She stated that the Village has received a lot of calls about the fire on Cedar Street
and said that the structures were not overcrowded and it was not an illegal situation, it was
an unfortunate situation.
Administrator's Report:
Anthony Giaccio stated that the Village is coming to the end of a 3-year CDBG. He stated that
there are 2 remaining projects and that the new round of grants is coming. He stated that
Fiona Hodgkins will outline the process for new applications.
He stated that the Village is preparing their Storm Water management report which is due
next month and has met with Dolph Rotfeld and Sean McCarthy. He stated that the Village
will have to do outreach and educational activities for the public.
Mr. Giaccio reposted that last Tuesday there was a 4-hour seminar for High Risk Management
and Safety. He stated that next week, the Village's insurance company will come in and do
some training.

�He stated that Mr. John Stiloski donated food and two vehicles to the Fire Department for
training. Chief Camp met with residents of Ichabod's landing regarding complaints on the
Riverwalk. He stated that signs will be posted to discourage activity at night.
Resolutions:

See attached.

Communications, petitions and Requests The Village Clerk stated that the Portuguese Community of the Tarrytowns is requesting a
parade on May
She also stated that the other request is from the NYS Division of Military
and Naval Affairs requesting a Memorial Ceremony on May
Mayor gave background information on the memorial service.
Public Comments:
Daniel Scott addressed the Mayor and the Board again, and stated that the website should be
the primary means of communication. He stated that some content that should be added to
the website should include the LWRP and all Village Board minutes. He stated that the public
needs to stay informed.
Jack Gasko spoke against the village taking on any construction project at the GM site. He
stated that this is the second time that there has been an approved change for Shaft 9. He
also stated that in the previous budget, we spent $215,000 being allocated to consultants.
He stated that the Village had to lose the position of Highway Assistant. He asked the Village
to bring the position back.
Daniel Scott stated that the website should post relevant documents for the public so the
public can prepare in advance for comments.
Don Cateano stated that he asked for rails to be installed in front of the Police Department
Building but it was not done and also stated that the handicapped space outside was aligned
very poorly. He stated that new lighting is needed for the handicap entrance; he stated that
things are being neglected. He stated that parking on Lawrence Avenue is still an issue. He
stated that the Village bought a new fire truck and they were unable to maneuver it and, the
Village took two public parking spaces away. He stated that Village residents shouldn't have
to pay to park a vehicle. He stated that the fire house needs to be painted and the Village
should look into hiring a contractor to paint it.

�At 8:30 pm, Trustee Schroedel made a motion to enter into Executive Session to discuss
personnel matters. Trustee Wompa seconded. It was unanimous (6-0).
The meeting resumed at 8:40pm.
Trustee Campbell made a motion to exit from Executive Session and to resume the meeting.
Trustee Stupe! seconded. It was unanimous (6-0). No action was taken.
At 8:42pm, Trustee Schroedel made a motion to adjourn the Board meeting.
Trustee Carr seconded. It was unanimous (6-0).

Respectfully submitted,

Paula A. McCarthy
Village Clerk

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                    <text>An Organizational Meeting took place on l^onday April 4, 2011 at 7:00 p.m. in Village
Hall, Sleepy Hollow, New York.
Present:

Kenneth G. Wray, Mayor
Thomas Capossela, Deputy Mayor
David Schroedel
Barbara Carr
Bruce Campbell
Karin Wompa
Evelyn Stupel, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Paula A. McCarthy, Village Clerk
Sara A. DiGiacomo, Village Treasurer
Janet Gandolfo, Village Counsel (in at 7:25 p.m.)
Mayor Wray called the meeting to order with a pledge to the flag.
Agenda and Appointments-See Part I &amp; Part II attached.
Committees of the Board of Trustees-See Part III attached.
Year 2011-2012 Operational and Procedural Resolutions-See Part IV attached.
Mayor Wray spoke about all the accomplishments throughout this past year that the
Village has worked on and or completed to date,
1) James Galgano Sleepy Hollow Senior Center
2) Route 9 Culvert Project
3) Barnhart Streetscape Project
4) Pocantico Streetscape Project
5) Devries Park Ball Field Lights
6) Natural Playground at Douglas Park
7) Morse School Playground
8) Webber Park Sign
9) Shaft 9 Pump Station Upgrades
Mayor stated that Trustee Wompa and the Downtown Revitalization Corporation (DRC)
continue to make strides in improving our downtown. The DRC was instrumental in
having the Morse School Park completely renovated. The DRC helped with the creation
of two community gardens, one on Valley Street and one on Beekman Avenue. In
March, the Journal News ran an article that Sleepy Hollow has become a destination for
restaurants. A new restaurant was added this year (Moon River). With help from the
Building Department, the burned out buildings on 66 and 68 Beekman Avenue were
torn down.

�Mayor Wray also mentioned that the Village has completed a shared services study for
recreation and parks with the Village of Tarrytown and the school district.
Mayor Wray also mentioned that John Kapica, recently retired Police Chief, helped the
Village stabilize and organize its Police Department, and made a few promotions.
The Finance Office has a new Treasurer, in addition to other new employees.
Mayor stated there has been a significant upgrade in the Building Code, diligently
worked on by Trustee Stupel, Building Dept and the Court.
The Village is currently working on two union contracts, the PBA and the MEU.
The Water Reservoir project is continuing to be worked on and another large issue that
the Village is currently working on is the agreement with General Motors.
The Mayor is optimist that a special permit will be approved shortly.
Mayor stated at this time that the immediate concern is the Village's 2011-2012
Budget.
At 7:50 pm, on a motion by Trustee Campbell, seconded by Trustee Schroedel the
meeting was adjourned.

Respectfully submitted,

Paula A. McCarthy
Village Clerk

�Village of Sleepy Hollow
Organizational Meeting
Agenda and Appointments

Monday, April 4, 2011 as Scheduled for 7:00 PM

Parti
1.

Organization Meeting Called to Order:

Mayor Wray

2.

Pledge of Allegiance:

Mayor Wray

3.

Swearing In of Elected Officials:

Village Clerk
Mayor Wray

4.

Official Parliamentary Procedure:
Roberts Rules of Order shall prevail in all deliberations of the Village Board and Village
Board Committees, statutory boards, organizations and/or committees.
Moved: Trustee Campbell

5.

Official Newspapers/Publications:

Moved: Deputy Mayor Capossela
6.

Seconded: Deputy Mayor Capossela

Gannett Newspapers
Hudson Independent
Patch

Seconded: Trustee Stupel

Official Depository of Funds:

Moved: Trustee Carr Seconded: Trustee Campbell

Vote: 6-0

Vote: 6-0
TD Bank, J.P. Morgan Chase,
Signature Bank, Mahopac
National Bank, Webster Bank

Vote: 5-0-1

Roll Call: Trustees Carr, Campbell, Wompa, Stupel, Capossela Vote: Yes
Trustee Schroedel: Abstained

�Part II - Abbreviated
1.

Appointment of Village Officials:
A.

Village Attorney:
Moved: Trustee Carr

B.

Deputy Mayor:
Moved: Trustee Schroedel

C.

Acting Village Justice:
Moved: Trustee Stupel

D.

Village Historian:
Moved: Deputy Mayor Capossela

Henry Steiner
Seconded: Trustee Carr
Vote: 6-0

E.

Police Surgeon:
Moved: Deputy Mayor Capossela

Dr. Robert Raniolo
Seconded: Trustee Stupel Vote: 6-0

F.

Registrar of Vital Statistics
Moved: Trustee Campbell

Seconded: Trustee Carr

Filomena Fallacaro
Vote: 6-0

G.

Village Clerk:
Moved: Trustee Schroedel

Seconded: Trustee Stupel

Paula A. McCarthy
Vote: 6-0

H.

Village Treasurer:
Moved: Trustee Campbell

Seconded: Trustee Carr

Sara A. DiGiacomo
Vote: 6-0

I.

Fire Inspector:
Moved: Trustee Stupel

Sean E. McCarthy
Seconded: Trustee Campbell
Vote: 6-0

J.

Village Engineer:
Moved: Trustee Schroedel

Seconded: Trustee Carr

K.

Building Inspector:
Moved: Trustee Stupel

Sean E. McCarthy
Seconded: Trustee Schroedel
Vote: 6-0

L.

Village Prosecutor:
Moved: Trustee Campbell

Seconded: Trustee Carr

Janet Gandolfo, Esq.
Seconded: Trustee Campbell
Vote: 6-0
Seconded: Trustee Carr

Thomas
Capossela
Vote: 6-0

Alphonse L. Naclerio, Esq.
Seconded: Trustee Schroedel
Vote: 6-0

Dolph Rotfeld
Vote: 6-0

Joy Joseph
Vote: 6-0

�Part III
Committees of the Board of Trustees:
Committee:

Chairperson:

Members:

Administration
Stupel

Wompa,

Capossela,

Community Relations
Carr

Campbell,

Wompa,

Finance:
Carr

Schroedel,

(Communications/ Franchises)

Campbell,

Governmental Relations:
Public Safety:
Wompa

Schroedel,

Capossela,

Public Works:
Stupel

Capossela,

Schroedel,

Recreation and Parks:

Campbell,

Stupel, Carr

Senior Citizens &amp; Senior Center: Carr,

Capossela,

Sub-Committees
Chairperson:

Members:

GM Committee:

Wray,

Schroedel, Wompa

Safe Housing Task Force:

Stupel,

Sean McCarthy,
Mathew Brenner,
Janet Gandolfo
and Ana Lopez

�Part IV
Year 2011-2012 Operational and Procedural Resolutions
1. Be it Resolved the Board of Trustees shall hold regular meetings on April
12 and April 26, 2011, at 7:00 PM; commencing May, 2011, regular meetings shall be
held on the second and fourth Tuesday of each month; and work sessions shall be held,
as necessary, on the first and third Tuesday of each month. Work sessions during the
month of April, 2011 shall be held on April 5 and April 19. All work sessions during the
month of April, 2011 shall include budget discussions.
Moved: Trustee Schroedel

Seconded: Trustee Carr

Vote: 6-0

2.
Be it Resolved the Board of Trustees may, upon the call of the Mayor,
hold an official meeting in order to conduct Village business, including an executive
session, during a work session.
Moved: Trustee Carr

Seconded: Trustee Campbell Vote: 6-0

3.
Be it Resolved that any call by the Mayor for an Executive Session must
be approved by the consent of a majority of the Board of Trustees present. Unless
advised by counsel to the contrary, all decisions reached by the Board of Trustees
during an Executive Session are to be confirmed by a vote in a public session
immediately thereafter.
Moved: Trustee Campbell Seconded: Trustee Wompa Vote: 6-0
4. Be it Resolved that an emergency meeting of the Board of Trustees may
be called by the Mayor upon notice to each member at least forty-eight (48) hours in
advance of the start of said meeting. Such notice may be made in person,
electronically or telephonically, at such e-mail addresses and telephone numbers on file
with the Village Clerk.
Moved: Deputy Mayor Capossela Seconded: Trustee Wompa Vote: 6-0

�5.
Be it Resolved any member of any appointed Board, Committee, or
Commission having a term of office, seat or position in excess of one (1) year who is
absent from three (3) or more regularly scheduled sessions of such Board, Committee
or Commission shall be subject to removal by the Board of Trustees. Removal shall be
declared by the Mayor and must be confirmed by a majority of the Board of Trustees at
its next regularly scheduled session.
Moved: Trustee Wompa

Seconded: Trustee Campbell

Vote: 6-0

6. Be it Resolved in the event of the unavailability of the Village Justice and/or
the Acting Village Justice to perform his/her duties, judicial coverage shall be requested
first from the Village of Tarrytown.
Moved: Trustee Stupel

Seconded: Trustee Wompa

Vote: 6-0

7. Be it Resolved the Mayor and Board of Trustees shall constitute a
Committee of the Whole to adopt the Village Budget for 2011-2012 as prescribed by
law.
Moved: Trustee Schroedel Seconded: Trustee Campbell

Vote: 6-0

8. Be it Resolved, it shall be the responsibility of each Department Head to
review and approve all bills and invoices prior to submission for approval to the member
of the Board of Trustees chairing the Department. Upon submission each Chair shall
review and approve all bills and invoices, and if found correct, present such bills and
invoices to the Treasurer who shall cause the bills and invoices to be presented on a
warrant to the Board of Trustees for its approval at its next regular meeting, if possible.
Upon approval of the warrant by the Board of Trustees the Treasurer shall cause the
warrant to be processed and prepare checks for presentment to the Mayor for his
signature (by facsimile signature in those cases as authorized by the Mayor).
Moved: Trustee Carr

Seconded: Trustee Schroedel

Vote: 6-0

9. Be it Resolved, notwithstanding any resolutions to the contrary, the
Treasurer and Mayor shall be authorized to pay various public utilities, postal, freight
and express charge bills as received, and as necessary. All such claims shall be
presented at the next regular meeting for audit and the claimant and the officer
approving the claims are jointly and severally liable for any amount the Board of
Trustees may disallow.
Moved: Trustee Campbell

Seconded: Trustee Stupel

Vote: 6-0

�10. Be it Resolved, any employee using his/her own private vehicle in the
course of official, approved and documented Village business shall be reimbursed for
actual mileage used per the prevailing IRS mileage reimbursement rate upon the
presentment of satisfactory documentation of such usage to the Treasurer.
Moved: Deputy Mayor Capossela Seconded: Trustee Wompa Vote: 6-0
11. Be it Resolved, the Procurement Policy attached hereto and previously
adopted by the Board of Trustees shall continue in full force and effect subject to
ongoing review and, if necessary, amendment.
Moved: Trustee Wompa Seconded: Trustee Stupel

Vote: 6-0

12. Be it Resolved the Mayor and the Board of Trustees, in their ongoing
effort to encourage opportunities for the public to comment on matters of Village
business, designate two (2) public comment sections during each regularly scheduled
official meeting. Comments shall be limited to five (5) minutes per speaker and every
member of the public wishing to speak may do so prior to a member being called upon
a second time; and
Be it Further Resolved, the Board of Trustees adopts Robert's Rules of Order for the
conduct of its business at meetings.
Moved: Trustee Stupel Seconded: Trustee Carr Vote: 6-0
13. Be it Resolved the Board of Trustees requires any municipal officer,
employee or elected official attending a meeting or conference for Village business and
desirous of receiving reimbursement for any expenses related to such meeting or
conference to receive prior authorization from the Board of Trustees for any
reimbursement for expenses related to such meeting or conference.
Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0
14. Be it Resolved the Board of Trustees hereby elects to continue the
monetary threshold for capitalization of fixed assets at the sum of $5,000.00; and
Be it Further Resolved all assets purchased for $5,000.00 or more must be
recorded in the Village fixed asset ledger and a property ledger card must be
maintained; and
Be it Further Resolved the Treasurer is directed to use the straight line
method to calculate depreciation of capital assets.
Moved: Trustee Carr

Seconded: Trustee Campbell

Vote: 6-0

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