https://sleepyhollow.localarchives.org/files/original/25da0c70d3a57ec41054ad22cce054fe.pdf 21536d0e3124ed205d2831eac04ad8ae PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, May 23, 2006 at 8 p m in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Thomas Capossela Andrew M u r r a y Sandra Morales Kay Brown Grala Trustees Also Present: Diane Jacobson, Village Treasurer Robert Ponzini, Village Attorney Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. He asked that everyone remain standing for Felix Matos, long time resident who passed away recently. Approval of Minutes Trustee DiFelice moved to approve the minutes of April 18, 2006, seconded by Trustee Capossela and carried unanimously. Trustee Capossela moved, seconded by Trustee Grala to approve the minutes of April 25, 2006, motion carried unanimously. Trustee Grala moved, seconded by Trustee Morales to approve the minutes of May 1, 2006, motion carried unanimously. Trustee Morales moved, seconded by Trustee M u r r a y to approve the minutes of May 16, 2006, motion carried unanimously. Approval of W a r r a n t Trustee M u r r a y moved, seconded by Trustee DiFelice to approve the w a r r a n t of May 23, 2006 subject to the review of department heads and review, approval and signatures of the Mayor and the Village Treasurer, motion carried unanimously. Total of the General fund is $144,362.11, total of Water fund is $337.34, Capital fund total is $104,831.30 and Parking Authority fund total is $400.00,Sanitation fund total is $4,439.00 and Escrow fund total is $5960.50. Mayor's Report Mayor Zegarelli reported that the Village has rejected PFEIS from Roseland and General Motors and we have asked them to revise it within thirty (30) days . We are preparing a summary on the advice of Village Counsel. Public Comments F r a n k Rey addressed the Board stating that he received a delinquent tax bill with penalties regarding the property he just purchased. Since he just purchased this property, he did not know why he was being penalized for late taxes. 1 �Village Counsel, Robert Ponzini explained to him that this is the responsibility of the parties at the closing to check on all these matters. According to law, we cannot waive the penalty. Trustee Reports Trustee DiFelice read the attached Public Works Report. Trustee DiFelice commented that we should hold a public hearing regarding the parking restrictions on Sleepy Hollow Road so that the street sweeper can pass through there. Trustee DiFelice moved, seconded by Trustee Capossela to call for a public hearing on June 27, 2006 at 8pm or soon thereafter to decide on restrictions on parking on Sleepy Hollow Road from the intersection of Sleepy Hollow Road and Bedford Road north to the intersection of Webber Avenue and Sleepy Hollow Road on Tuesday and Thursday from 12:30 pm-2:00 pm, motion carried unanimously. Trustee DiFelice read the attached correspondence of April 18th and May 9th from the Board of Fire Wardens. Trustee DiFelice moved, seconded by Trustee Capossela to confirm their actions, motion carried. Trustee DiFelice read a letter of action that was taken by the Board of Fire Wardens regarding the suspension of a fireman effective Mayl6th. Trustee DiFelice moved, seconded by Trustee Capossela to confirm this action, carried. Trustee Capossela read the attached Parks Report and reported on several recreation programs; upcoming concerts at Kingsland Point park, TNT baseball is in full swing, lacrosse will start in July and the fence has been installed at the dog park at Kingsland Point. Trustee Grala reported that she met with Jim Hart regarding the summer camp program and the scholarship fund and Ginsberg Development has been contacted and will provide about 50% towards the scholarship. She commented that Sleepy Hollow will not be participating in the Ferry Go Round this time. Trustee Grala reported that she and Trustee Morales attended the book fair on April 26th. Trustee Morales commented that she attended an administrative meeting prior to the regular meeting regarding personnel. She read the attached Administrative report. Trustee Morales reported that the Public Safety committee met on Monday and discussed many issues such as double parking on Beekman Avenue, animal control, etc. �Trustee Murray reported that he attended a workshop sponsored by the Historic River Towns regarding towns working together to try and transform our waterfront areas. They also discussed the Quad Centennial which will take place in three years. Mayor's Report Mayor Zegarelli reported that he has received turn-off notices from Con Ed for 72, 76, 172 and 194 Beekman Avenue, 85 Cortlandt Street and 7 Hudson Street. The Mayor reported that there is a proposal for a new firehouse at the GM sight. We received word from Nita Lowey regarding the $150,000. grant for the lighthouse. We have received approval for the light on route 448. The Mayor will be meeting with the County on June 1 st regarding the comfort station at Kingsland Point Park. Mayor Williams of Elmsford sent a letter thanking our Public Works Department for all their help recently. Resolutions-Attached Old Business Mayor Zegarelli appointed Patricia Peireson to the Architectural Review Board to fill an unexpired term of Donald Stever which expires in 2007. Trustee Murray moved, seconded by Trustee DiFelice to confirm the Mayor's appointment, motion carried. Trustee DiFelice moved, seconded by Trustee Capossela to authorize the Mayor to execute three copies of the Teamsters' contract, motion carried. New Business Mayor Zegarelli commented that the television show Queer Eye for the Straight Guy will be filming on Beekman Avenue this week. There being no further business, Trustee DiFelice moved, seconded by Trustee Capossela to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett Village Clerk �Public Works Report May 23, 2006 REMINDER!!! MONDAY, MAY 29, 2006 IS M E M O R I A L DAY, A L E G A L HOLIDAY. VILLAGE O F F I C E S W I L L BE CLOSED. MONDAY'S P I C K UP W I L L BE ON TUESDAY, AND TUESDAY'S GARBAGE W I L L BE ON WEDNESDAY, A L O N G W I T H RECYCLING. T H U R S D A Y AND FRIDAY PICK UP REMAINS T H E SAME. WE ARE INSTALLING A S T O R M DRAIN SYSTEM ON M A N O R C L O S E . THIS IS T H E FINAL W E E K O F HYDRANT FLUSHING W H I C H IS TAKING PLACE IN T H E MANORS AND W E B B E R PARK. W A T E R M E T E R READING W I L L BE C O M P L E T E D THIS W E E K . WE ARE REPLACING MANY T R E E S THAT W E R E T A K E N D O W N . W I T H REGARD T O T H E S W E E P E R BEING ABLE TO CLEAN S L E E P Y H O L L O W ROAD, T H E S C H E D U L E W I L L BE THE SAME A S T H E W E B B E R PARK AREA W H I C H IS TUESDAY AND THURSDAY F R O M 12:30 T O 2:00 PM. �C I3 Parks R e p o r t May 23, 2006 I NEW P O L E S ARE BEING INSTALLED IN DEVRIES F I E L D T O INCREASE THE H E I G H T O F T H E SAFETY NET. A NEW BASEBALL BACKSTOP W I L L BE INSTALLED IN DEVRIES FIELD SHORTLY. NEW E L E C T R I C A L SERVICE IS BEING INSTALLED AT KINGSLAND POINT P A R K AT T H E GAZEBO. I I �Administrative Report May 23, 2006 Beautification of the village is taking place. All the village islands are getting an extreme makeover with the planting of flowers, shrubs and trees. We are also planting flowers in front of village hall. New gutters are being installed in village hall and waterproofing of the basement in village hall. �Meeting Date: Resolution #: 05/23/06 05/86/06 RESOLUTION SETTING PUBLIC HEARING ON THE COMMUNITY REDEVELOPMENT PLAN UNDER ARTICLE 15 OF THE GENERAL MUNICIPAL LAW VALLEY STREET PARCEL (TAX MAP SECTION 115.15. BLOCK 3, LOT 39) WHEREAS, the Village of Sleepy Hollow is the record owner of certain property located on Valley Street and identified on the Tax Map of the Village of Sleepy Hollow as Section 115.15, Block 3, Lot 39 (the "Valley Street Parcel"); and W H E R E A S , the Valley Street Parcel is adjacent to the Margotta Courts housing complex and is presently utilized for parking purposes primarily by residents of the Margotta Courts complex and, to a lesser extent, the 100 College Anns complex; and W H E R E A S , the Village suffers from a shortage of affordable senior housing; and W H E R E A S , the Village is contemplating the conveyance of the Valley Street Parcel for purposes of developing and constructing a residential project for the benefit of low and moderate income senior citizens; and WHEREAS, the Village is contemplating the conveyance of the Valley Street Parcel through an urban renewal program under relevant provisions of Article 15 of the General Municipal Law of the State of New York; and W H E R E A S , the Board of Trustees, by Resolution duly adopted on March 28, 2006, directed the Village Planning Consultant to prepare and submit a Designation Study with respect to this property for purposes of ascertaining whether to deem it appropriate for community redevelopment under .Article 15 of the General Municipal Law; and WHEREAS, on April 18, 2006, the Board of Trustees accepted the Valley Street Area Designation Study dated March 31, 2006 prepared by Saccardi & Schiff, Inc.; and W H E R E A S , by Resolution adopted on April 18, 2006, the Board of Trustees determined that the Valley Street Parcel (as identified and described in the Valley Street Area Designation Study) is an area appropriate for community redevelopment and designated said property for renewal measures under Article 15 of the General Municipal Law; and WHEREAS, the Board of Trustees thereupon directed the preparation of a Community Redevelopment Plan covering the designation area; and 2476/19/300109 VI �WHEREAS, a draft Community Redevelopment Plan was thereafter received by the Board of Trustees and duly forwarded to the Planning Board of the Village of Sleepy Hollow (the "Planning Board") for its certification, approval and comment; and WHEREAS, the Planning Board considered the draft Community Redevelopment Plan at its May 11, 2006 and May 18, 2006 meelings; and WHEREAS, the Planning Board conducted a public hearing upon the draft Community Redevelopment Plan on May 18, 2006 and. thereafter, proceeded to issue a report and certification to the Board of Trustees in accordance with Section 502(7) of the General Municipal Law endorsing same; and WHEREAS, the Board of Trustees is in receipt of the certification and report issued by the Planning Board: and WHEREAS, the Board of Trustees is prepared, subject to finalization of the processes required under Article 15 of the General Municipal Law, to convey the Valley Street Parcel for purposes consistent with the Community Redevelopment Plan now under consideration and for the development of affordable housing for the benefit of low and moderate income senior citizens; and WHEREAS, the Board of Trustees serves as the agency which will ultimately prepare and implement the Community Redevelopment Plan; NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees shall hold a public hearing upon the draft Community Redevelopment Plan and proposed conveyance of the Valley Street Parcel on June 27, 2006 at 8:00 p.m., which hearing shall be held at the Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591; and RESOLVED, that a Notice of Disposition of the Valley Street parcel shall be published, as required, in conjunction with required notice of the aforementioned public hearing; and RESOLVED, that the Village Mayor, Village Administrator and Village Attorney are authorized to take any such additional steps as are necessary to effectuate the purpose and intent of this Resolution. Moved: Trustee DiFelice 2476/19/300109 VI Seconded: Trustee Capossela Vote: Unanimous �006 15:06 914-769-3523 Meeting Date: Resolution No: MT PLEASANI UUURT PAGE 05/23/06 05/8706 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED LOCAL LAW FOR THE VILLAGE OF SLEEPY HOLLOW ENTITLED " EXCAVATION, FILLING AND TOP SOIL REMOVAL." WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") has declared that it is the policy of Sleepy Hollow that the natural topography of the land of the Village is a public asset which should be preserved and safeguarded and that topsoil, trees or other material which constitutes the land, its plant and wild life are of vital concern to the people of Sleepy Hollow; and further that no changes shall be permitted in such topography except those which are absolutely necessary in order to permit the proper and appropriate use of the land and water, and WHEREAS, Sleepy Hollow is in receipt of proposed legislation submitted to its Board of Trustees ("Board") by its Department of Architecture, Land Use Development, Building and Building Compliance ("the Department") entitled "Excavation, Filling and Top Soil Removal" which provides a legal format for achieving these goals, and WHEREAS, the Board, after due deliberation and study, believe that this proposed local law will effectively regulate or prohibit excavation, the removal of trees, topsoil or other materials or the filling up, draining, cleaning, operating and using of any land, whether for commercial or non commercial purposes in any manner which would not be consistent with these goals, NOW THEREFORE BE IT RESOLVED, that Sleepy Hollow will conduct a public hearing on the 27 day of June, 2006 at 8:00 P.M. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, on a propsed local law entitled "Excavation, Filling and Top Soil Removal." Moved: Trustee Capossela Seconded: T r u s t e e Grala Vote: U n a n i m o u s �05/23/2006 15:27 914-769-3523 Meeting Date: Resolution No: 05/23/06 05/8906 MT PLEASANT COURT PAGE 01 RESOLUTION AMENDING CHAPTER 34-7 OF THE GENERAL CODE OF THE VTLLAGE OF SLEEPY HOLLOW ENTITLED ROOMING AND BOARDING HOUSES - LICENSE FEES. "' ^ — — I I I ——.^—i — — i — - _ ^ . ^ I I I , ,„ WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") adopted Chapter 19 (B) of the General Code of the Village of Sleepy Hollow which permits the amendment of fines and fees charged by Sleepy Hollow by the passing of a simple resolution of its Board of Trustees ("Board"), and I WHEREAS, the Building Inspector has recommended the amendment of Chapter 34-9 of the General Code which sets the license fees for Rooming and Boarding Houses in Sleepy Hollow, and WHEREAS, the Board, after due deliberation and study, believes it is in the best interests of Sleepy Hollow to adopt those recommendations, NOW THEREFORE BE IT RESOLVED, that Chapter 34-9, Rooming House and Boarding House License Fees, is amended to provide that there shall be an annual license fee of two hundred fifty ($250) dollars per building plus a a charge per room of twenty Five ($25) dollars for each room which is used as an accommodation for hire under this regulation. Moved: T r u s t e e G r a l a Secon.ded.Trustee M o r a l e s Vote: U n a n i m o u s I I �• 05pm From-CaInas,Gruner,Ponzini*NovIck,LLP. +914 288 0850 T-553 P.002/003 Resolution No.: Date: 0 5/89/06 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A LAND USE PERMIT OFFERSHAFT 9- FROM THE NEW YORJC CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION WHEREAS, the City of New York through it Department of Environmental Protection ("City") has received an application from the Village of Sleepy Hollow ("Sleepy Hollow") for permission to use the New Croton Aqueduct property located off Longwood Road at Sleepy Hollow Road in the Town of Mount Pleasant for the purpose of maintaining its existing pump station, ard WHEREAS, the City is prepared to issue said permit which shall be subject to the Rules of the City of New York 15RCNYSEC. J 7 and shall impose an annual fee, and WHEREAS, this permit is for the privilege of operating, using and maintaining the existing pump station on the City of New York land designated on the Town Tax Roll as Section 111.13 Block I Lot 2 and also known as Shaft 9 of the New Croton Aqueduct, and WHEREAS, the use of City property under tin's Permit shall be subject to the terms and conditions of the existing permit issued to the Village of North Tarrytown dated February 25, 1925 until such time as that permit is replaced by a revised Water Supply Agreement to be entered into between the Village of Sleepy Hollow and the New York City Water Board, and WHEREAS, the terms of that updated Agreement shall supersede any inconsistent provision of the existing permit, NOW THEREFORE BE IT RESOLVED, that Hie Mayor and his designee may execute any Documents or Agreements or take any actions required by this Agreement to complete the permit application process. Moved: Tmst-PP M n r a l p s Seconded: T n c t p ? Mvrrfly Vote: U n a n i m o u s �May-10-06 01:05pm From-GaInes, Gruner,PonzIniANovick,LLP. +014 288 0850 0 Resolution No.; Date: 05/90/06 RESOLUTION APPROVING THE RETAINER AGREEMENT FOR DESMOND C.B.LYONS, P.C. AS VILLAGE PROSECUTOR WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") has a vacancy in the position of Village Prosecutor, and WHEREAS, Sleepy Hollow requires the services of an experienced prosecutor to insure compliance with all of its local laws and ordinances, including but not limited to, building, fire, zoning and general codes, and WHEREAS, at its annual organization meeting for the official year 2006-2007 Sleepy Hollow appointed Desmond C.B. Lyons, P.C. ("Lyons") as its Village Prosecutor, and WHEREAS, Lyons has submitted an annual retainer to Sleepy Hollow to compensate him for the performance of these services at a rate and terms mutually agreed upon, and WHEREAS, this retainer has been approved with respect to legality and form by the Village Attorney, NOW THEREFORE BE IT RESOLVED, that the Mayor is authorized to execute the retainer agreement for Village Prosecutorial services on behalf of Sleepy Hollow. Moved: Trnsf-pp M u r r a y Seconded:, T r u s t e o D i F o l i c o Vote '-Hnanimous �D E S M O N D C.B. L Y O N S , P.C. Attorney at Law The Hennessy House 16 New BroadwaySleepy Hollow, NY 10591 T:(914) 631-1336 F:(914) 631-1161 May 1, 2006 Hon. Phillip E. Zegarelli Mayor Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 (914)366-5100 MAYOR'S OFFICE Re: Retainer Agreement - Village Prosecutor Dear Mayor Zegarelli: «h " v ^ In SCtS f 0 r t h t h e t e r m S 0 f m y e n S a g e m ent by the Village of Sleepy Hollow the Village"), to serve as Village Prosecutor for the Village. 1 will provide professional legal services to and for the Village, on the terms and conditions set forth below *• Scope of Engagement The firm will provide professional legal services to the Village as may be necessary or appropriate to represent its interests, and acting as Village Prosecutor will prosecute violations of the Village Code in the Village Justice Court and will undertake such other representation of the Village that it may assign and the firm may choose to accept from time to time. n. Fees Our fees for professional sendees are based upon the following hourly rates: Partner: $25,000.00 annually payable in twelve (12) equal monthly installments commencing May 1, 2006 These rates shall apply without limitation to all professional time expended including consultations, telephone calls, conferences, meetings, research court ' rCVi W r P r e p a r a t i 0 n o f Z u ^ r ^ f ° Pl^dings, memoranda, agreements,*and other documents. Our practice is to attempt to use those persons with the lowest biUing rates to the maximum extent possible consistent with providing the highest level of client sendee �page 2 of 3 Village of Sleepy Hollow May 1, 2006 III. Disbursements and Charges The Village will also be responsible for all charges and disbursements incurred with respect to the representation, including but not limited to document reproduction, deposition and court hearing transcripts, travel expenses, overtime meals, courier services, computerized legal and factual research, word processing, long distance telephone calls, facsimile transmissions, consultant fees, investigation fees, filing fees, and the prevailing hourly rates of all non-attorney employees who render support services for the representation. We are generally unwilling to advance substantial moneys for disbursements, such as deposition and court hearing transcripts or consultant and translation fees, and will forward invoices for such expenses directly to the Village for payment. IV. Billing Statements The firm's practice is to provide monthly billing statements that describe the amount of time spent and the work performed. Disbursements are described by disbursement category. The firm will organize its statements to separately list fees and expenses applicable to each matter and will indicate the amount(s) of retainer(s) applied to or among the various matters involved in the engagement. V. Payment Our statements are due and payable upon receipt and considered to be past due if not paid within 30 days after the date of the invoice. In the event of a dispute about payment of legal fees where the amount involved is between $1,000 and $50,000, New York law requires that the matter be submitted to final and binding arbitration under New York law. The parties may also agree to mediate the dispute. VI. Estimates Except for such express limitations on our fees and expenses as we may agree to in writing, any fee or expense estimates we have provided or may provide shall not constitute a fixed fee or a commitment by us to perform the described services for that amount. The actual fees and costs may be more or less than any estimate, and you will be charged on the basis described in this letter notwithstanding any such estimate. Furthermore, your obligation to pay our fees and costs incurred in connection with the representation are not contingent upon our achieving any particular result. �page 3 of 3 Village of Sleepy Hollow May 1,2006 VTI. I Approval and Acceptance of Engagement We hope that the terms of this engagement meet with your approval. If so, please acknowledge your acceptance by signing this letter in the space indicated below and returning it to me at your convenience. We look forward to representing the Village. Thank you for the opportunity to be of sendee. Very truly wurs, C.B. Lyons ACCEPTED AND APPROVED: Village of Sleepy Hollow By: I I �H Meeting Date: 05/23/06 Resolution #: 05/91/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application for Kingsland Point Park Development WHEREAS, the Mayor and Board of Trustees are desirous of stimulating the reuse, preservation and redevelopment of the Kingsland Point Park bathhouse; and WHEREAS, said bathhouse has fallen into a state of disrepair requiring substantial investment to return it to a usable state; and WHEREAS, Kingsland Point Park bathhouse, although not on the National Register of Historic Places, is of local historic significance and planned developments for its reuse must be undertaken at a high level so as to meet Secretary of the Interior Standards; and WHEREAS, pursuant to the Village's Open Space Master Plan for the waterfront, the reuse of Kingsland Point Park bathhouse for such uses as a cafe, exhibit space, offices for a not-for-profit environmental group, and continuation of its former use with comfort station and changing room facilities have been identified; and WHEREAS, pursuant to an Inter Municipal Agency agreement by and between the County of Westchester and the Village of Sleepy Hollow, the Village's responsibility is limited to ongoing maintenance and operation, and the development of major capital improvement project remain the responsibility of the County and the County has indicated its support for this initiative; and WHEREAS, the first step in restoring and reoccupying the bathhouse is the development of architectural plans describing the existing condition and preparation of design development drawings for its expansion and reuse; and WHEREAS, additionally there is a need to protect the building from further deterioration until said financing and new uses have been put into place. NOW, THEREFORE, BE IT RESOLVED that Philip E. Zegarelli, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the New York State Department of State Local Waterfront Revitalization Program Environmental Protection Fund in an amount not to exceed $170,000, and upon approval of said request to enter into and �I o5" execute a project agreement with the State for such financial assistance to the Village of Sleepy Hollow for a feasibility study, conditions survey, identification of remedial work, cost estimates, preparation of design development drawings, and necessary emergency repairs of the Kingsland Point Park bathhouse and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property; and I BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee DiFelice SEAL OF MUNICIPALITY I I Seconded: Trustee Capossela Vote: Unanimous �Meeting Date: 05/23/06 Resolution #: 05/92/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Fund Rehabilitation of the Kingsland Point Park Pedestrian Overpass WHEREAS, pursuant to the Village's Open Space Master Plan for the redevelopment of its waterfront and the adopted Local Waterfront Revitalization Program the rehabilitation of the Kingsland Point Park pedestrian bridge has been identified as a key component of needed infrastructure improvements; and WHEREAS, a study was performed in 2000 indicating that the structure of the bridge was sound and that renovation of it was a feasible activity; and WHEREAS, a grant funding source has been identified as appropriate for rehabilitation of the pedestrian overpass; and WHEREAS, pursuant to an Inter Municipal Agency agreement by and between the County of Westchester and the Village of Sleepy Hollow, the Village's responsibility is limited to ongoing maintenance and operation, and the development of major capital improvement projects remain the responsibility of the County and the County has indicated its support for this initiative. NOW, THEREFORE, BE IT RESOLVED that Philip E. Zegarelli, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $570,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Sleepy Hollow for the reuse and rehabilitation of the Pedestrian Overpass, and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Capossela SEAL OF MUNICIPALITY Seconded: Trustee Grala Vote: Unanimous �Meeting Date: 05/2.3/06 Resolution #: 05/93/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Fund Restoration of the 1883 Lighthouse WHEREAS, pursuant to the Village's Open Space Master Plan for the redevelopment of its waterfront and the preliminary concept plans submitted by Roseland/GM for the "Lighthouse Landing Development", the 1883 Lighthouse at Sleepy Hollow is a vital component and significant structure within the overall planned development; and WHEREAS, the 1883 Lighthouse at Sleepy Hollow requires important restoration to preserve and protect it from further water damage and deterioration; and WHEREAS, pursuant to an Inter Municipal Agency agreement by and between the County of Westchester and the Village of Sleepy Hollow, the Village's responsibility is limited to ongoing maintenance and operation, and the development of major capita! improvement projects remain the responsibility of the County and the County has indicated its support for this initiative; and WHEREAS, a grant funding source to undertake this restoration has been identified. NOW, THEREFORE, BE IT RESOLVED that Philip E. Zegarelli, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $400,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Sleepy Hollow for the restoration of the 1883 Lighthouse at Sleepy Hollow, and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Grala SEAL OF MUNICIPALITY Seconded: Trustee Morales Vote: Unanimous �Meeting Date: Resolution #: 05/23/06 05/94/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution by Mayor of Insurance Program for the fiscal year 2007 WHEREAS, the Village has requested and received a proposal from W. H. Moulton and Company for the insurance program for the fiscal year 2007, and WHEREAS, on the initiative of the Village Treasurer, a competing program was solicited from The Spain Agency utilizing the New York Municipal Insurance Reciprocating Program (general), New York Workers Compensation Alliance and the Hartford Company (disability); and WHEREAS, the Mayor and Board of Trustees and the Village Administrator and Treasurer have reviewed the program provided by W. H. Moulton and Company and The Spain Agency and determined that the proposal of The Spain Agency dated May 11, 2006 provided improved and increased liability and Worker's compensation coverage at a savings to the Village of approximately $140,000 annually. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow herein accepts the proposal of The Spain Agency dated May 11, 2006 and authorizes the Mayor to execute any and all documents necessary to effectuate the intent of this resolution. Moved: Trustee Morales Seconded: Trustee Murray Vote: Unanimous �Meeting Date: Resolution #: I 05/23/06 05/95/06 VILLAGE OF SLEEPY HOLLOW PURCHASING & PROCUREMENT POLiCY Whereas, Section 104-b of the General Municipal Law (GML) requires every village to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML, section 103 or any other law; and Whereas, comments have been solicited from those officers of the Village involved with procurements. NOW, THEREFORE, BE IT RESOLVED, that the Village of Sleepy Hollow does hereby adopt the attached procurement and purchase order policies and procedures Moved: Trustee Murray I I Seconded: Trustee DiFelice Vote: Unanimous �VILLAGE OF SLEEPY HOLLOW PURCHASE ORDER & PROCUREMENT POLICY VILLAGE OF SLEEPY HOLLOW PURCHASE ORDER POLICY Maintenance of an accurate expenditure system provides the Village with proper budgetary control. According to New York State Audit & Control municipalities must maintain an encumbrance system of accounting, thereby allowing the administrator to know exactly how much of any given budget appropriation remains unexpended. Expenditures for goods and services are initiated by the creation of a purchase order (PO). This includes most villages expenditures including purchasing of merchandise, bid Items, contractual payments, and insurance. When a bid is accepted and goes to contract, a purchase order should be written. The same applies to insurance premiums. A purchase order must be obtained prior to incurring an expense The following procedure must be followed: 1. The department fills out a requisition form before a purchase is completed for all aggregate purchases over $500. Include: • correct budget appropriation code • vendor number, vendor name and address, • description of merchandise - quantity, unit price, extended totals, final total and any other pertinent information. • Department head's signature • State or county contract # if applicable & pertinent information • Board resolution if the purchase is a bid item The Department will use the current claim form or the Treasurer's department form as the requisition form to fill out this information and submit this to the Treasurer's Department, (will be available on-line when the accounting system is upgraded). If this is a new vendor the Department will be required to submit the following information to the Treasurer's Department before a purchase order can be provided: • Vendor name, address • W-9 for vendors that are not incorporated 2. The department approved requisition form is submitted to the Treasurer's Department for verification that there are funds remaining in the budget code and that proper purchasing policy's have been followed (see below - such as quotes were obtained if the aggregate purchase was over $3000). After the Treasurer's Department approves the requisition, a purchase order with a purchase order # wili be submitted to the Department (on-line after the accounting system is upgraded) purchasing 1 5/22/2006 �3. The Department will submit the purchase order number or a copy of the purchase order to the vendor. The purchase order number must be written on the claim form when submitted for payment. 4. If the expenditure is over-budget, the Requisition is returned to the Department of origin. Departments must code the expenditures to the correct line and if overbudget then a budget line transfer is completed. A budget transfer form will be submitted (on-line after accounting system upgrade) indicating which appropriation line to transfer the budget amount from and to. 5. When a purchase order must be changed or adjusted, the Treasurer must increase or decrease the appropriate encumbrance. If the decision to cancel a purchase order is made, the Treasurer is notified on a timely basis so the budget can be adjusted accordingly. A quarterly review of all open purchase orders must be made by the department and Treasurer's office. 6. When materials are received by the department, the contents are verified against the packing slip; the originator and receiving copies are marked "received", dated, initialed and the receiving copy and packing slips are then forwarded to the Treasurer Department along with the invoice, purchase order number and voucher. This information must be in the Treasurer's office by or before the Monday of the week prior to the board meeting (9 days before the board meeting) in order to be included in the next warrant - paid at board meetings 2 times per month. No special requests will be accepted between board meetings except for emergency situations. 7. When all verification is in place, the invoice and documentation will be audited and entered on a warrant. The total warrant will be presented to the Board of Trustees for approval and the Mayor's signature. If a Board member takes exception to a particular claim, it will be noted at the board meeting 8. The paid claims will be filed alphabetically or by claim number in the Treasurer's office. 9. Blanket Purchase Orders may be used for repeat vendors. A purchase order is requested for a dollar amount that is expected to be used over the next 2 months and the department can re-use the same PO until it is fully expended (these PO's will be printed on green paper & copies will be made & attached to the voucher until the PO is used up. The final green PO form will be submitted with the last invoice that fully receives the PO) (such as Staples or the local hardware store, salt for roads). NOTE: When reimbursable expenses are incurred by village personnel, it is important to remember that the village is tax exempt. There must be receipts for all reimbursed expenses other than mileage. hasing 2 5/22/2006 �VILLAGE OF SLEEPY HOLLOW PROCUREMENT POLICY Every prospective purchase of goods or services shall be evaluated to determine the applicability of GML, Section 103. Every village officer, board, department head or other personnel with the requisite purchasing authority (hereinafter Purchaser) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other village departments and past history to determine the likely yearly value of the commodity to be acquired. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity, which will be maintained by the purchaser. • All aggregate purchases of supplies or equipment which will exceed $10,000 in the fiscal year or public works contracts over $20,000 shall be formally bid pursuant to GML, Section 103. • All estimated aggregate purchases of: • Less than $10,000 but greater than $3,000 requires a written request by purchaser to vendors for a proposal (RFP) and written/fax/internet quotes from 3 vendors. • Less than $3,000 but greater than $1000 requires an oral request by purchaser to vendors for the prices of goods and oral/fax/internet quotes from 2 vendors. • Less than $1000 left to discretion of the department manager, a) All estimated public works contracts of: • Less than $20,000 but greater than $5,000 requires a written RFP and written/fax/internet quotes from 3 contractors. • Less than $5,000 but greater than $3,000 requires a written RFP and written/fax/internet quotes from 2 contractors. • Less than $3,000 but greater than $1,000 requires an oral request by purchaser to vendors for contract prices and oral/fax/internet quotes from 2 contractors. • Less than $1,000 is left to the discretion of the purchaser. VERBAL QUOTATIONS: The telephone log or other record should record at a minimum: date, item or service desired and any other pertinent details or descriptions, price quoted, name of vendor, name of vendor's representative. WRITTEN/FAX/INTERNET QUOTATIONS: Vendors should provide at a minimum: date, description of item or details of services to be provided, and price. purchasing 3 5/22/2006 �REQUEST FOR PROPOSALS: A request for proposals and evaluation of proposals can consider price plus other factors like experience, availability, staffing and suitability for needs. The process involves making a request for proposals from various firms or professionals, and then evaluating the proposals received. Depending on the complexity of the situation, you may prepare the RFP in-house or you may need to obtain a consultant to help you prepare it. A well-planned solicitation effort is needed to identify a sufficient number of qualified firms. To locate qualified firms, you may advertise in trade journals, check listings of professionals, internet advertising, talk to other local governments, etc. Any written RFP shall describe the desired goods, quantity and the particulars of delivery. The Purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered. References to catalogs or price lists in appropriate cases may be substituted for obtaining verbal quotes. ALso if quoted prices are below State or County Contracts price, no further quotes are required. All information gathered in complying with the procedures of this Guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract. Each purchaser will be responsible for obtaining and producing this documentation. • The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser prepares a written justification providing reasons why it is in the best interest of the village and its taxpayers to make an award to other than the low bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement. • A good faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to obtain the required number of proposals or quotations, the Purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement. • Except when directed by the Village Board, no solicitation of written proposals or quotations shall be required under the following circumstances: purchasing o Purchases under State or County contracts. o Acquisition of professional services** o Emergencies as determined by Village Board resolution. o Sole source situations (for example patented or monopoly items). o Goods purchased from agencies for the blind or severely handicapped; o Goods purchased from correctional facilities. 4 5/22/2006 �**Generally professional services involve specialized expertise, of professional judgment and/or high degree of creativity. For those items not subject to competitive bidding such as professional services, emergencies, purchases under State or County contracts or procurements from sole sources, documentation could include a memo to the files which details why the procurement is not subject to competitive bidding and include: • a description of the facts giving rise to the emergency and that they meet the statutory criteria • a description of the professional services • copies of state or county contracts • opinion of municipal attorney • a description of sole source items and how such determinations were made. PROFESSIONAL SERVICES: An effective way to award contracts for professional services is to award them only after at least two professionals are contacted and asked to submit written proposals. Such as architects, engineers, accountants, lawyers, underwriters, fiscal consultants and computer consultants. EMERGENCIES: An exception to the competitive requirement exists for emergency situations. There are three basic statutory criteria to be met in order to fall within this exception. These are that 1) the situation arises out of an accident or unforeseen occurrence or condition; 2) public buildings, public property or the life, health, safety or property of the political subdivision's residents are affected; and 3) the situation requires immediate action which cannot await competitive bidding. Even when an emergency exists, the public interest dictates that purchases are made at the lowest possible costs, seeking competition by informal solicitation of quotes or otherwise, to the extent practicable under the circumstances. SOLE SOURCE: Competitive bidding is not required under section 103 of the General Municipal Law in those limited situations when there is only one possible source from which to procure goods and services required in the public interest such as in the case of certain patented goods or services or public utility services. In making these determinations, the purchaser should document, among other things, the unique benefits of the patented item as compared to other items available in the marketplace; that no other item provides substantially equivalent or similar benefits; and that considering the benefits received, the cost of the item is reasonable. In addition that, as a matter of fact, there is no possibility of competition for the procurement of the goods. This policy shall be reviewed annually by the Village Board at its organizational meeting or as soon thereafter as is reasonably practicable. purchasing 5 5/22/2006 �VILLAGE OF SLEEPY HOLLOW PURCHASING & PROCUREMENT POLICY Whereas, Section 104-b of the General Municipal Law (GML) requires every village to adopt internal policies and procedures governing al! procurement of goods and services not subject to the bidding requirements of GML, section 103 or any other law; and Whereas, comments have been solicited from those officers of the Village involved with procurements; NOW, THEREFORE, be it I Resolved, that the Village of Sleepy Hollow does hereby adopt the following procurement and purchase order policies and procedures: I purchasing 6 5/22/2006 �Ife Meeting Date: Resolution #: 05/23/06 05/96/06 Village of Sleepy Hollow Capitalization Policy W H E R E A S , pursuant to General Municipal Law-99, the Village will adopt internal policies and procedures governing a threshold for the capitalization of fixed assets at $5,000; and W H E R E A S , the $5,000 threshold is within the guidelines of the Government Accounting Standards Board. NOW, THEREFORE, BE IT RESOLVED, that the Village of Sleepy Hollow does hereby adopt the attached capitalization policy. Moved: Trustee DiFelice Seconded: Trustee Capossela Vote: Unanimous �I Village of Sleepy Hollow Capitalization Policy The monetary threshold for capitalization of fixed assets for the Village of Sleepy Hollow will be established at $5,000, to permit the application of the Governmental Accounting Board Statement No. 34. All assets purchased for $5,000 or more must be recorded in the Village of Sleepy Hollow Fixed Asset Ledger and a property ledger card must be maintained. The Village of Sleepy Hollow also will use the straight line method to calculate depreciation of capital assets. Adopted: I I �Meeting Date: May 23, 2006 Resolution # 05/97/06 RESOLUTION ISSUING A NEGATIVE DECLARATION UNDER THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT AND ITS IMPLEMENTING REGULATIONS Sleepy Hollow Senior Housing Project - 126 Valley Street, Sleepy Hollow, New York (Application of Sleepy Hollow Senior Housing, LLC) WHEREAS, Sleepy Hollow Senior Housing, LLC (as designee of MountCo Development Corp.) has made application for approvals necessary to construct and operate an affordable senior citizen project upon property located at 126 Valley Street, Sleepy Hollow, New York; and WHEREAS, the project involves the construction of a nine (9) story, sixty-five (65) unit building, which will contain sixty-four (64) units of affordable housing for persons 62 years of age or older; and WHEREAS, the approvals required for this project include, inter alia, a special permit and conceptual site plan approval to be issued by the Village of Sleepy Hollow Board of Trustees (the "Village Board"), a site plan approval to be issued by the Planning Board of the Village of Sleepy Hollow (the "Planning Board") and area variances to be issued by the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA"); and WHEREAS, the proposed project will be built upon property presently owned by the Village of Sleepy Hollow, which is to be transferred as part of the proposed implementation of a Community Redevelopment Plan under Article 15 of the General Municipal Law presently under consideration by the Village Board; and WHEREAS, the Village Board, by Resolution duly adopted on December 21, 2004, resolved to act as Lead Agency for purposes of review of this action in accordance with the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations; and WHEREAS, a Notice of the Village Board's intention to serve as SEQRA Lead Agency was thereafter duly circulated to all involved and interested agencies in accordance with SEQRA and its implementing regulations; and W H E R E A S , by Resolution duly adopted on January 11, 2005, the Village Board assumed SEQRA Lead Agency status; and W H E R E A S , subsequent to the Village Board's assumption of SEQRA Lead Agency status, it was determined that certain aspects of the proposed project would require area variances, thus necessitating an area variance application to the ZBA; and 2476/19/299578 VI �WHEREAS, the ZBA, upon notification from the Village Board, assented to the Village Board's continuing status as SEQRA Lead Agency; and WHEREAS, the Village Board has reviewed a Full Environmental Assessment Form ("EAF") submitted in connection with the project; and WHEREAS, the Village Board has determined that this action is an Unlisted Action; and WHEREAS, the Village Board has identified the relevant areas of environmental concern, compared the proposed action with the criteria for determining significance, as set forth in the SEQRA Regulations, 6 NYCRR §617.7(c), and also considered all reasonably related long-term, short-term, direct and indirect and cumulative environmental effects associated with the proposed action, including other simultaneous or subsequent actions; and WHEREAS, the Village Board has determined that the proposed action will not have a significant adverse impact on the environment (as fully set forth in the attached Negative Declaration); NOW THEREFORE BE IT RESOLVED THAT, the Village Board has determined that the proposed action will not have a significant adverse impact on the environment; and BE IT FURTHER RESOLVED THAT, the Village Board hereby issues the attached Negative Declaration pursuant to the requirements of SEQRA and its implementing regulations, as set forth in 6 NYCRR Part 617. Moved: Capossela 2476/19/299578 VI Seconded: Grala Vote: Unanimous �State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: May 23, 2006 This Notice is issued pursuant to the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law of the State of New York ("SEQRA"), and its implementing regulations, 6 NYCRR Part 617. The Board of Trustees of the Village of Sleepy Hollow (the "Viliage Board") has determined that the proposed action described below will not have a significant environmental impact and a Draft Environmental Impact Statement will not be prepared or required. Name of Action: Sleepy Hollow Senior Rental Housing Project - 126 Valley Street, Sleepy Hollow, New York (Application of Sleepy Hollow Senior Housing, LLC) SEQRA Status: Unlisted action Conditioned Negative Declaration: Yes X No Description of Action: The proposed Sleepy Hollow Senior Housing Project involves the construction of sixty-four (64) affordable senior housing units (for persons 62 years of age or older) within a nine (9) story building. This building is to be constructed upon a .45 acre parcel of property presently owned by the Village of Sleepy Hollow. The property is located at 126 Valley Street, Sleepy Hollow, New York and is presently utilized for parking purposes. The construction of this project, as proposed, will allow the Village of Sleepy Hollow to address a significant shortage of appropriate and affordable housing for senior citizens. In addition, ten (10) units will be reserved for seniors who presently reside in the adjoining Margotta Courts complex (operated by the North Tarrytown Housing Authority). These Margotta Courts residents are currently residing in oversized housing accommodations (including two- and threebedroom family-style units). Their transfer into a new affordable senior housing project will allow the Margotta Courts units in which they presently reside to be utilized by families presently on the North Tarrytown Housing Authority's waiting list, thus serving to abate additional housing needs within the Sleepy Hollow community. The property is to be conveyed by the Village of Sleepy Hollow, pursuant to the implementation of a Community Redevelopment Plan in accordance with Article 15 of the General Municipal Law. The conveyance will be to the County of Westchester, which will then convey it to the project developer. The project site is currently used as an outdoor parking lot for residents of the 2476/19/299584 VI 5/23/06 �adjacent Margotta Courts complex. No parking spaces will be lost as the proposed project will include a two-level parking structure into which the existing spaces will be incorporated. The first level will have thirty-eight (38) parking spaces and the second floor will contain an additional twenty-eight (28) spaces. The project will include such site elements as a formal entrance, a community room and a two (2) bedroom unit for the project's superintendent. The 64 senior housing units will be located on Floors Three (3) through Nine (9) and be accessible by way of two (2) elevators. Financing for the project will be made available through the use of low-income housing tax credits ("LIHTC"), New York State Housing Trust Funds ("HTF"), permanent financing and a deferral of a portion of the developer's fee. In addition, the parking will be financed through a Westchester Infrastructure Development Funding Grant. The units within the project will meet or exceed all local guidelines and those issued by the Division of Housing and Community Renewal ("DHCR"). The project is to be located in a Multiple Residence, High Density (R-6) zoning district, and is consistent in its nature and intensity of use as other uses found within this district (including the Margotta Courts and 100 College Arms complexes). The proposed use is, in fact, the type of residential housing contemplated within the R-6 zoning district. The aesthetic features of the proposed building and improvements will enhance the existing character of the surrounding neighborhood. In sum, this project will facilitate the orderly development of the neighborhood and surrounding area. The project is consistent with the recognized goals of the County of Westchester and Village of Sleepy Hollow to provide a range of housing types that are affordable to renters and home buyers and to address the needs for affordable housing, particularly among senior citizens. Location: 126 Valley Street, Sleepy Hollow, New York. Reasons Supporting this Determination: The proposed project will address a critical need within the Village of Sleepy Hollow and the County of Westchester — in particular, the necessity for safe, appropriate and affordable housing for senior citizens. The project will also have an ancillary benefit insofar as housing needs are concerned. In particular, it will allow for the transfer of seniors presently housed in oversized units in the adjacent Margotta Courts complex. The Margotta Courts units to be vacated will, in turn, be made available to eligible families presently on a waiting list maintained by the North Tarrytown Housing Authority. The project is to be placed upon property that is presently underutilized. This parcel, now owned by the Village of Sleepy Hollow, serves as a parking area for residents of the adjoining Margotta Courts complex. Trie project will not cause a loss or displacement of parking, as it provides for these spaces to be part of a two-level parking facility incorporated into its design. There are no adverse environmental impacts posed by tbe project. The proposed project will be situated within the Multiple Residence, High Density (R-6) zoning district and will be 2476/19/299584 VI 5/23/06 �compatible with its environs. Its size, appearance and aesthetic features will be consistent with and serve to enhance neighboring uses, including the Margotta Courts and 100 College Arms complexes. Its size and intensity are consistent with that contemplated within the R-6 zoning district. The composition of its proposed population (senior citizens age 62 and older) will not create significant demands upon local services and resources. The project has been deemed consistent by the Sleepy Hollow Waterfront Advisory Commission with the goals and objectives of the Local Waterfront Revitalization Plan ("LWRP"). The Village Board has compared the proposed action with the criteria for determining significance, as set forth in SEQRA and its implementing regulations (6 NYCRR §617.7[c]), and has reached the following conclusions: 1. The proposed action will not result in any substantial adverse change in the existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; or substantial increase in the potential for erosion, flooding, leaching or drainage problems. Notwithstanding the creation of 65 housing units (64 senior citizen units and one superintendent's unit), the project will not have substantial impacts given the composition of its resident population. The project has further been designed so as to address stormwater, drainage, traffic circulation and related concerns. After careful consideration of the project plans, the Village Board finds that no substantial adverse impacts are posed b y this project. 2. The proposed action will not result in the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impact a significant habitat area; result in substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such species; and will not result in other significant adverse impacts to natural resources. The project site is, as set forth above, currently utilized as a parking area. The construction of the project will have no significant impacts upon flora or fauna. 3. The proposed action will not result in the impairment of the environmental characteristics of critical environmental areas designated pursuant to 6 NYCRR §617.14(g). The project site does not lie within a critical environmental area. 4. The proposed action will not result in a material conflict with the Town's officially approved or adopted plans or goals. Indeed, the proposed action is entirely consistent with these approved and adopted plans and goals as it will provide critically needed affordable housing for senior citizens. It will also be located in an area zoned for, and which is the site of, multiple residence, high density housing. It will sit amid other multistory high density housing complexes. It will lie within the Village's core area, which is a suitable location for such housing. The project has been deemed consistent with the goals and objectives of the LWRP. 5. The proposed action will not result in the impairment of the character or quality of important historical, ecological, architectural or aesthetic resources of the existing character of the community or neighborhood. The project is consistent with the surrounding area and has been designed so as to integrate into the existing neighborhood. 2476/19/299584 VI 5/73/06 �1.23 It will also allow property presently underutilized to be put to a use that is beneficial to the community at large. No important historical, ecological, architectural or aesthetic resources are threatened in any way by this project. I I 6. The proposed action will not result in a major change in the use of either the quantity or type of energy. 7. The proposed action will not create a hazard to human health. 8. The proposed action will not create a substantial change in the use or intensity of use of land, including agricultural or open space or recreational resources or in its capacity to support existing uses. The project involves a multiple residence, high density use of the type contemplated within the R-6 zoning district. Moreover, the composition of its resident population (senior citizens age 62 and older) will significantly dampen the impacts typically associated with a multiple residence building. 9. The proposed action will not encourage or attract a large number of people to a place for more than a few days compared to the number of people who would come to such a place absent the action. This project shall be constructed and operated in accordance with carefully tailored standards set forth in Section 62-22.4 of the Sleepy Hollow Village Code (pertaining to the construction and operation of affordable senior citizen housing) and will likewise be sited in an area zoned for high intensity residential use (the R-6 zoning district). The neighborhood and surrounding area can sustain anticipated impacts from the project. 10. The proposed action will not create a material demand for other actions that would result in one of the above consequences. 11. The proposed action will not result in changes to two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment. 12. When analyzed with two or more related actions, the proposed action will not have a significant impact on the environment and when considered cumulatively, will not meet one or more of the criteria under 6 NYCRR §617.7(c). 13. The Village Board has considered reasonable related long-term, short-term, direct, indirect and cumulative impacts, including other simultaneous or subsequent actions. For further information contact: Ms. Angela Everett, Village Clerk Village of Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, New York 10591 2476/19/299584 VI 5/23/06 I �m This notice is being filed with: Ms. Angela Everett, Village Clerk Village of Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, New York 10591 I I 2476/19/299584 VI 5/23/06 1 1 �vxs~ Meeting Date: May 23, 2006 Resolution # 05/98/0(3 RESOLUTION GRANTING CONCEPTUAL SITE PLAN APPROVAL AND SPECIAL PERMIT UNDER ARTICLE VI OF THE VILLAGE OF SLEEPY HOLLOW CODE Sleepy Hollow Senior Housing Project - 126 Valley Street, Sleepy Hollow, New York (Application of Sleepy Hollow Senior Housing, LLC) WHEREAS, on December 17, 2004, the Board of Trustees of the Village of Sleepy Hollow (the "Village Board") received a special permit and conceptual site plan application for the development of an affordable senior housing project upon property located at 126 Valley Street (the "Valley Street Parcel"); and WHEREAS, this project involves the construction and operation of a sixty-five unit, nine (9) story building, which will provide sixty-four (64) units of affordable housing for senior citizens (62 years of age or older); and WHEREAS, this project is to be sited upon the Valley Street Parcel, which is presently owned by the Village of Sleepy Hollow and is to be transferred as part of the implementation of a proposed Community Redevelopment Plan presently under consideration by the Village Board; and WHEREAS, the Village Board commenced review of this action in accordance with the mandate of the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations and established itself as SEQRA Lead Agency; and WHEREAS, the Board of Trustees conducted a duly noticed public hearing with respect to the special permit application on January 25, 2005; and WHEREAS, this project was reviewed by the Sleepy Hollow Waterfront Advisory Commission, which determined on February 2, 2005 that it is consistent with the goals and objectives expressed and contained in the Village of Sleepy Hollow Local Waterfront Revitalization Plan; and WHEREAS, the special permit application was duly referred to the Westchester County Planning Board in accordance with the provisions of §239-m of the General Municipal Law; and WHEREAS, the Westchester County Planning Board, by letter dated May 10, 2006, responded to this referral; and WHEREAS, the project plans have been modified, and further plan adjustments shall be made through the formal site plan review process to be conducted by the Planning Board of the Village of Sleepy Hollow (the "Planning Board"), in response to the Westchester County Planning Board's May 10, 2006 letter; and 2476/19/299586 V2 I �W H E R E A S , the Board of Trustees has solicited a recommendation and report of the Planning Board relative to the special permit application; and W H E R E A S , the Planning Board, by a Memorandum Report dated May 18, 2006, has recommended the issuance of the special permit approval, subject to the issuance of required variances from the Zoning Board of Appeals of the Village of Sleepy Hollow (the"ZBA"); and WHEREAS, the Board of Trustees has carefully considered the standards set forth in §62.2.4 of the Village Code; and WHEREAS, the Village Board, by Resolution adopted on May 23, 2006, issued a Negative Declaration under SEQRA with respect to this proposed project; and W H E R E A S , under the provisions of §62.22.4 of the Sleepy Hollow Village Code, the Village Board makes the following findings: 1. The character, intensity, size and location of the proposed project in general will be in harmony with the orderly development of the neighborhood within which it is situated and will not be detrimental to the orderly development of adjacent districts; 2. The marketability of the units within this project is likely, especially in light of the need for such units within the community, and there is no potential of saturation as there are no dedicated affordable senior citizen housing developments in the neighborhood; 3. The project site is suitable for the senior population as traffic concerns are not posed and the site provides sufficient vehicular access, pedestrian access and proximity to mass transit and goods and services available in the inner-Village area; and 4. The site is compatible with its environment, including surrounding land uses; and W H E R E A S , the Village Board has considered the various application submissions, reports and recommendations submitted to it by Village consultants, and additional materials, including but not limited to: • Site plan submission dated February 24, 2006, last revised May 3, 2006, prepared by Kellard Engineering and Consulting, P.C.; • Supporting application materials received from Sleepy Hollow Senior Housing, LLC and MountCo Development Corp.; • Consistency Findings issued on February 2, 2005 by the Sleepy Hollow Waterfront Advisory Commission; • Memorandum Report issued by the Planning Board dated May 18, 2006; • Letter received from the Westchester County Planning Board dated May 10, 2006 in response to the referral of the special permit application under §239-m of the General Municipal Law; 2476/19/299586 V2 �IJL.7• Report dated May 23, 2006, prepared by Charles A. Manganaro Consulting Engineers, pertaining to the proposed rerouting of an existing culvert, as shown on revised Drawing 4 of 6, Grading and Utility Plan, prepared by Kellard Engineering and Consulting, P.C.; • Memoranda dated May 23, 2006 prepared by Sean E. McCarthy, Village Architect, pertaining to special conditions, variances and comments received from the Westchester County Planning Board; and WHEREAS, the Village Board is satisfied that, subject to obtaining certain area variances (as specified in the May 23, 2006 Memorandum of Village \rchitect Sean E. McCarthy to Neil Connuck, Mountco Corp.), the project will comply with conditions and requirements imposed under the Village of Sleepy Hollow Code, including the requirements contained in Section 6222.4 of the Code; NOW THEREFORE, BE IT RESOLVED, THAT the Village Board hereby grants conceptual site plan approval with respect to the Sleepy Hollow Senior Housing Project, as depicted upon the plans dated February 24, 2006, last revised May 3, 2006, prepared by Kellard Engineering and Consulting, P.C. (including revised Drawing A of 6, Grading and Utility Plan, provided to Charles A. Manganaro Consulting Engineers on May 23, 2006); and BE IT FURTHER RESOLVED THAT, the Village Board hereby grants a special permit to Sleepy Hollow Senior Housing, LLC with respect to the project; and BE IT FURTHER RESOLVED THAT, as part of this special permit, the Village waives the requirements contained in Section 62-22.4(F), (G) and (N) of the Village of Hollow Code pertaining to the project height and density, so as to authorize the building density and parking proposed by the Applicant, subject to further review and approval Planning Board as part of the site plan review and approval process; and Board Sleepy height, by the BE IT FURTHER RESOLVED THAT, the special permit hereby granted to Sleepy Hollow Senior Housing, LLC shall be and is subject to full and complete satisfaction of the following conditions: • 1. Area variances shall be obtained for all dimensional non-conformities as identified in the May 23, 2006 Memorandum of Village Architect Sean E. McCarthy to Neil Connuck, Mountco Corp. The capacity and adequacy of the proposed culvert, depicted upon revised Drawing 4 of 6, Grading and Utility Plan prepared by Kellard Engineering and Consulting, P.C. and provided to Charles A. Manganaro Consulting Engineers on May 23, 2006, shall be established to the satisfaction of the Village Consulting Engineer and Planning Board as part of the site plan review and approval process. 3. Site plan approval shall be obtained from the Planning Board. 4. Approval shall be obtained from the Architectural Review Board of the Village of Sleepy Hollow. 2476/19/299586 V2 -3- I �5. A written protocol shall be submitted by the Applicant governing the sale of units and/or rental occupancy, reoccupancy and verification and related costs concerning the units, in a form acceptable to the Village Attorney, which protocol shall be subject to further approval by the Village Board. 6. All easement and access agreements, with respect to existing and proposed drainage, sidewalk and related improvements upon the Valley Street Parcel, shall be prepared and submitted in a fonn satisfactory to the Village Attorney and thereafter recorded with the Westchester County Clerk. 7. Approval and implementation by the Village Board of a Community Redevelopment Plan in accordance with Article 15 of the General Municipal Law, together with the preparation of an agreement, deed and necessary legal instruments for transfer of the Valley Street Parcel pursuant to this Plan in a form acceptable to the Village Board and Village Attorney. 8. Submission of a covenant, in a form acceptable to the Village Attorney, placing the restrictions upon age, occupancy, sale of units and rental of units imposed under Section 62-22.4 of the Sleepy Hollow Village Code, which shall be recorded in the Office of the Westchester County Clerk and run with the land. 9. Unless expressly waived by this Resolution and/or by variances issued by the ZBA, continued compliance with the provisions contained in Section 62-22.4 of the Sleepy Hollow Village Code and all other applicable provisions of the Sleepy Hollow Village Code. 10. Compliance with all governing provisions of county, state and federal laws and regulations. Moved: Grala 2476/19/299586 V2 Seconded: Morales Vote: Unanimous �Meeting Date: 05/23/06 Resolution #: 05/99/06 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Charlie Shafer, 124 Hunter Avenue, Sleepy Hollow as a seasonal laborer in the Public Works Department effective May 15, 2006 through September 1, 2006 at an hourly salary of $10.00 per hour. Moved: Trustee Morales Seconded: Trustee Murray Vote: Unanimous � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2006 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2006-05-23 Subject The topic of the resource Board of Trustees Minutes-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text