https://sleepyhollow.localarchives.org/files/original/3a2af4e53751b63080d5e85a8d0d8326.pdf c096b70f3a15c4a201beac58affbeae8 PDF Text Text S2>1 A regular meeting of the Board of Trustees was held on Tuesday, December 19, 2006 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota Thomas Capossela Andrew Murray Kay Brown Grala Sandra Morales Trustees Also Present: Robert Ponzini, Village Attorney Dwight Douglas, Village Administrator Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. He asked that everyone remain standing for a moment of silence for Jimmy Galgano who passed away a couple of weeks ago. Jimmy was a former trustee, Mayor and served on many boards such as Planning and Zoning. Jimmy was very devoted to this village and he and his wife were very active in the village projects. He will be missed by all. Approval of Minutes Trustee DiFelice moved, seconded by Trustee Spota to approve the minutes of November 28,2006, motion carried unanimously. Trustee Spota moved, seconded by Trustee Capossela to approve the minutes of December 5, 2006, motion carried unanimously. Approval of Warrant Trustee Capossela moved, seconded by Trustee Grala to approve the warrant of December 19, 2006 subject to review and approval of department heads, chairs of committees and signature and approval of the Village Treasurer and Mayor, motion carried unanimously. Total of the warrant is $ 455,134.16. Public Comments A woman representing the Tarrytown Council asked for a copy of the FEIS. The Mayor commented that she should send a letter to the Village Clerk requesting this and we will get it for her. Trustee Reports Trustee DiFelice read the attached Public Works report. Trustee Spota reported that the next Public Safety committee will be held on January 22, 2007 at 7 pm. Trustee Spota commented that the board will meet at Rescue Hose Wednesday night at 6 pm to witness the christening of tbe new tire truck. I �He read correspondence from the Sleepy Hollow Fire Department Fire Council regarding the termination of Dennis Cueva, an active member of Union Hose Company No. 2 due to multiple violations of the Village of Sleepy Hollow Policy and Procedure for a Drug-Free Workplace. Trustee Grala moved, seconded by Trustee Morales to approve their decision, motion carried. Trustee Spota read the correspondence from the Fire Wardens stating that Richard Chulla had successfully completed his course of instruction to become a driver for Union Hose Company No. 2 (Engine 86) on November 14, 2006. Trustee Morales moved, seconded by Trustee Murray to confirm their actions, carried. Trustee Spota commented that the Fire Wardens discussed the issue of a service award program which would need to go before the voters on a referendum. Village Attorney commented that we would need to check and see if there is enough time for placing a referendum on the ballot in March and also commented that this will cost the village residents money. Trustee Murray moved, seconded by Trustee DiFelice to approve adding the referendum to the March ballot pending time constraints and all other legal matters pertaining to this referendum, motion carried. Trustee Spota commented that he received a flyer from the NYS Association of Police from Elliot Spitzer stating that people should be aware of solicitations from groups claiming they are representing the NY Police Chiefs' Benevolent Association and should not donate to this cause since it is not legitimate. Trustee Spota read attached correspondence from Pete Dresden, Captain of the Ambulance Corp. regarding new applicants to the Ambulance Corp. Trustee DiFelice moved, seconded by Trustee Spota to confirm the Ambulance Corp. acceptance of these applicants, motion carried. Trustee Capossela reported that last Tuesday, the board presented the Boy Scouts with a check for $3000. for their help in the haunted hayride. He commented that cookies withSanta was held last Friday and it was a great success. He read the attached Parks report. Trustee Capossela commented that County House Road at the Tarrytown Lakes is being configured and everyone should be careful when driving there. Trustee Grala thanked Joe DeFeo for the holiday light decorations and Sunny for the Christmas decorations. �^3? She reported that the Communications Advisory Committee has been formed to discuss cable and related projects. This committee will be chaired by Ralph Gunderman. Trustee Grala reported that the Library Board met December 11th and they are proceeding with the HVAC renovations and alarm system. Trustee Murray reported that the Downtown Revitaiization Committee meeting for December 6, 2006 was cancelled and will take place in January. Administrator's Report Dwight Douglas gave the monthly grants tracking report. Resolutions-Attached Old Business Trustee Capossela commented that the issue of the no parking on the streets designated as snow emergency streets needs to be addressed. Communications, Petitions & Requests Village Clerk read correspondence from T 4-2 Club of 42 Clinton Street informing the village of their intent to renew their liquor license. (Refer to Police Chief) There being no further business, Trustee moved, seconded by Trustee and motion carried. Respectfully submitted, Angela Everett Village Clerk 3 �Public Works Report December 19, 2006 REMINDER!!!! MONDAY, D E C E M B E R 25™ IS CHRISTMAS DAY AND MONDAY, JANUARY 1, 2007 IS N E W YEARS DAY. VILLAGE O F F I C E S WILL BE CLOSED ON BOTH DAYS. MONDAY'S G A R B A G E W I L L BE PICKED UP ON TUESDAY, TUESDAY'S GARBAGE W I L L B E PICKED UP ON WEDNESDAY, A L O N G W I T H RECYCLING B O T H WEEKS. LEAF PICKUP IS ALMOST 100% C O M P L E T E D AND W I L L END D E C E M B E R 29TH . CHRISTMAS T R E E S MAY BE PUT OUT AT THE CURB ANY DAY AFTER CHRISTMAS BUT ALL DECORATIONS AND LITES MUST BE R E M O V E D BEFORE P L A C I N G AT T H E CURB. STREET M A I N T E N A N C E W O R K W I L L CONTINUE AS LONG AS T H E WEATHER IS ALRIGHT. SALT BARRELS HAVE BEEN PLACED AT T H R O U G H O U T THE V I L L A G E . �5-W PARKS R E P O R T December 19, 2006 THE LEAVES ARE BEING CLEANED UP AT THE PARKS. ALL BALLFIELDS HAVE BEEN F E R T I L I Z E D . I I I �SM "V Administrative Report December 19, 2006 NEW BOILER HAS BEEN INSTALLED AT CATSKILL PUMP STATION. NEW WINDOWS ARE BEING INSTALLED AT THE AMBULANCE CORP. TODAY. I I I �5T*t?> Meeting Date: Resolution #: 12/19/06 12/228/06 RESOLUTION ACCEPTING LIGHTHOUSE LANDING AT SLEEPY HOLLOW FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) WHEREAS, on February 11, 2003 a formal application for a Riverfiont Development Concept Plan and Special Permit (the Proposed Action) was submitted by Roseland/Sleepy Hollow, LLC and General Motors Corporation (jointly the Applicant) to the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board); and WHEREAS, the application proposed a mixed-use waterfront project consisting of ±1,562 residential units, 185,000 ± square feet of retail space, 95,000 square feet of office space, a 150-room inn, a proposed train station and associated parking, and open space on the 96 ± acre site of the former General Motors North Tarrytown Automotive Assembly Plant (the site) located entirely within the Village of Sleepy Hollow, New York; and WHEREAS, on February 25, 2003, the Village Board did declare its intent to be the Lead Agency for the Proposed Action, as required by the State Environmental Quality Review (SEQR) laws of the State of New York, and did cause to be circulated a Notice of Intent to Act as Lead Agency to a comprehensive list of interested and involved agencies and other members of the public concerned about this matter; and WHEREAS, the Village received a draft scoping document from the Applicant and circulated the draft scoping document to all known interested and involved agencies and other members of the public concerned about this matter; and WHEREAS, on April 7, 2003, the Village Board of the Village of Sleepy Hollow did declare itself to be the Lead Agency as mandated by SEQR for the coordinated review of the Proposed Action described herein; and, WHEREAS, the Village Board did issue a Positive Declaration pursuant to Section 617.7 of the SEQRA regulations, requiring the preparation of a Draft Environmental Impact Statement (DEIS); and WHEREAS, the Village Board held a public DEIS scoping session on May 5,2003 at which time all members of the public were invited to attend and present their views as to the contents of the DEIS to be prepared by the Applicant; and WHEREAS, the Village Board continued the public scoping session until May 20, 2003, at which time the Village Board closed the public scoping session but retained a comment period for written comments until June 6, 2003; and WHEREAS, the Village Board received 27 pieces of correspondence along with the public scoping transcripts to be considered as part of the scoping outline comment process and; WHEREAS, on May 27, 2003, the Village Board at a duly noticed work session, did review and discuss in Page 1 of 4 �detail comments to the proposed scoping outline; and WHEREAS, on or about July 25, 2003, the Applicant circulated to the Village, its staff and consultants a revised draft scoping outline; and WHEREAS, the Village staff and consultants reviewed the revised scoping outline and made further revisions and submitted them to the Lead Agency for their review; and WHEREAS, on August 12,2003, the Village Board did discuss the revisions to the proposed scoping outline, and accepted the scoping outline and directed the Applicant to circulate a copy of the scoping document to the attached list of interested and involved agencies and other members of the public concerned about this matter; and WHEREAS, on April 14,2004, the Applicant submitted a preliminary Draft Environmental Impact Statement (DEIS) to the Village; and WHEREAS, this preliminary DEIS was reviewed by the Village Board and its consultants for completeness with respect to the items identified in the adopted scoping outline; and WHEREAS, the Village consultants provided written reports regarding the completeness of the DEIS; and WHEREAS, the Applicant revised the preliminary DEIS to address the items identified in the completeness reports and on November 19, 2004 submitted a redlined revised preliminary Draft Environmental Impact Statement to the Village; and WHEREAS, on December 21,2004, the Village Board held a special work session devoted to discussing the completeness aspect of the preliminary DEIS document; and WHEREAS, during its deliberations on completeness the Village Board did consider review memoranda from Saccardi & Schiff, Inc. (June 24, 2004 and December 20, 2004), STV Incorporated (May 7, 2004, July 23, 2004, December 20, 2004 and December 21,2004), RealEstate Solutions Group (July 23,2004 and December 20, 2004) and Dolph Rorfeld Engineering, P.C. (June 28, 2004 and December 20, 2004); and WHEREAS, on January 7,2005, the Applicant submitted a revised DEIS, which was reviewed by the Village Board, Village staff and consultants, responding to the completeness comments, and WHEREAS, on January 11, 2005 the Village Board declared that the DEIS was complete with respect to its scope, content and adequacy as prescribed by SEQR; and WHEREAS, the DEIS was circulated to all Interested and Involved agencies; and WHEREAS, the Village Board held a series of public meetings and hearings on the proposed action in order to receive public comment, including public meetings on February 8,2005 and February 15, 2005, and public hearings on February 19, 2005 and February 22, 2005, at which time all those wishing to be heard were given the opportunity to speak, and Page 2 of 4 �5»r WHEREAS, all comments received during both the public meeting sessions and the official public hearings have been included in the EIS record and treated in the Final Environmental Impact Statement as public hearing comments; and WHEREAS, on October 4, 2005, the Applicant submitted a preliminary Final Environmental Impact Statement (pFEIS), intended to respond to all substantive comments received during the DEIS comment period; and WHEREAS, the plan presented in the pFEIS was changed since the Draft Environmental Impact Statement (DEIS) submission and included several significant modifications to the project program and design; and • WHEREAS, the modifications included, among others: a reduction in the number of residences from 1,562 to 1,250; a reduction in retail space from 180,000 sf to 132,000 sf; a reduction in office space from 50,200 sfto 35,000 sf; a change in the balance of rental vs. ownership units; incorporation of a wider buffer area next to Kingsland Point Park; and additional waterfront open-space amenities; and WHEREAS, in order to facilitate the review of the revised project and the pFEIS document, the Village Board reconstituted the various subcommittees involved in the review of the DEIS, which were composed of no more than three trustees, village staff and consultants and open to participation by members of the community; and WHEREAS, the subcommittees held a series of public meetings from October to December 2005 on focused areas of concern in the pFEIS, including Site Design, Traffic, Community Facilities, Construction and Site Development, Environmental Conditions and Socioeconomics; and WHEREAS, on December 20, 2005, reviews from the various Village consultants, the subcommittees, the Village Planning Board, Waterfront Advisory Committee and Architectural Review Board were packaged and transmitted to the Village Board; and • WHEREAS, the Village Board discussed the pFEIS and the comments received on the document at its December 20, 2005, January 10, 2006, January 17, 2006 and January 24, 2006 meetings; and WHEREAS, after a careful and thorough review of the pFEIS document, the sub-committee reports, consultant reviews, and comments from other Boards and the public, the Village Board compiled a list of comments on the pFEIS to be addressed as part of the environmental review process and transmitted them to the Applicant by correspondence dated January 31, 2006; and WHEREAS, on May 3, 2006 the Applicant submitted a revised pFEIS document; and WHEREAS, after review of the revised document, the Village Board determined that the revisions were not sufficiently responsive to the completeness comments provided to the Applicant in January 2006, and directed the Applicant to further revise the pFEIS; and WHEREAS, on December 1, 2006 the Applicant submitted a redlined pFEIS that had been further revised to Page 3 of 4 I �address the completeness comments; and WHEREAS, the Village Board reviewed and discussed the revised pFEIS at its December 5, 2006, and December 12, 2006, meetings; and WHEREAS, the pFEIS document was further revised in response to comments from the Village Board and a review memorandum from Saccardi &. Schiff, Inc. (dated 12/8/06) and these redlined revisions transmitted to the Village Board; and WHEREAS, during the course of the subject environmental review, the Lead Agency did evaluate building height as a design parameter and its relationship to the RF district zoning text; and WHEREAS, a proposed petition to amend the Zoning Code to allow for greater flexibility was submitted to the Village for consideration with the Proposed Action; and WHEREAS, the Village Board continued its review and discussion of the pFEIS document revisions at its December 19, 2006 meeting; and NOW THEREFORE BE IT RESOLVED, that based on the revisions to the preliminary FEIS, the Village Board finds that the document is complete and does hereby accept the FEIS; and be it further RESOLVED, that the Village Board does hereby direct the Applicant to circulate the FEIS document to the attached list of involved and interested agencies; and be it further RESOLVED, that the Village Board does hereby schedule a public hearing on the FEIS and the Proposed Action to be held on January 23, 2007 at 8:00 PM at the W.L. Morse School, Pocantico Street, Sleepy Hollow, NY 10591; and be it further RESOLVED, that the public comment period on the accepted FEIS will begin upon filing of the FEIS document, but no later than December 29,2006, and close at the end of the business day on Friday February 2, 2007; and be it further RESOLVED, that a copy of the FEIS shall be made available in the Village Clerk' s office and the public library and that correspondence relative to this matter should be directed to Dwight Douglas, Village Administrator, 28 Beekman Avenue, Sleepy Hollow, New York, 10591. Moved: Trustee Grala Seconded: Trustee Morales Vote: 7-0 By Roll Call: Mayor Zegarelli, Trustees DiFelice, Capossela, Grala, Morales, Murray and Spota voting Yes Page 4 of 4 �-TV7 Meeting Date: Resolution #: 12719/06 12/229/06 RESOLUTION SCHEDULING PUBLIC HEARING ON SPECIAL PERMIT AND CONCEPTUAL SITE PLAN FOR LIGHTHOUSE LANDING AT SLEEPY HOLLOW RIVERFRONT DEVELOPMENT APPLICATION WHEREAS, on February 11, 2003 a formal application for a Riverfront Development Concept Plan and Special Permit (the Proposed Action) was submitted by Roseland/Sleepy Hollow, LLC and General Motors Corporation (jointly the Applicant) to the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board); and WHEREAS, the application proposed a mixed-use waterfront project consisting of ±1,562 residential units, 185,000 ± square feet of retail space, 95,000 square feet of office space, a 150-room inn, aproposed train station and associated parking, and open space on the 96 ± acre site of the former General Motors North Tarrytown Automotive Assembly Plant (the site) located entirely within the Village of Sleepy Hollow, New York; and WHEREAS, the Proposed Action is, and continues to be, subject to review under the State Environmental Quality Review (SEQR) laws of the State of New York, including the preparation of a Draft Environmental Impact Statement (DEIS) and a Final Environmental Impact Statement (FEIS); and WHEREAS, the plan presented in the preliminary FEIS was changed since the DEIS submission and included several significant modifications to the project program and design; and WHEREAS, the modifications included, among others: a reduction in the number of residences from 1,562 to 1,250; a reduction in retail space from 180,000 sf to 132,000 sf; a reduction in office space from 50,200 sf to 35,000 sf; a change in the balance of rental vs. ownership units; incorporation of a wider buffer area next to Kingsland Point Park; and additional waterfront open-space amenities; and WHEREAS, Section 62-5.1M of the Village Code of the Village of Sleepy Hollow requires that the Village Board hold at least one public hearing on the special permit and Riverfront Development concept plan; and NOW THEREFORE BE IT RESOLVED, that the Village Board does hereby schedule a public hearing on the special permit and conceptual site plan to be held on January 23, 2007 at 8:00 PM at the W.L. Morse School, Pocantico Street, Sleepy Hollow, NY 10591. Moved: Trustee Spota Seconded: Trustee Capossela Vote: 7-0 �Meeting Date: Resolution #: 12/19/06 12/230/06 RESOLUTION SCHEDULING PUBLIC HEARING ON ZONING TEXT AMENDMENT VILLAGE OF SLEEPY HOLLOW WHEREAS, on February 11, 2003 a formal application for a Riverfront Development Concept Plan and Special Permit (the Proposed Action) was submitted by Roseland/Sleepy Hollow, LLC and General Motors Corporation (jointly the Applicant) to the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board); and WHEREAS, the application proposed a mixed-use waterfront project consisting of ±1,562 residential units, 185,000 ± square feet of retail space, 95,000 square feet of office space, a 150-room inn, a proposed train station and associated parking, and open space on the 96 ± acre site of the former General Motors North Tarrytown Automotive Assembly Plant (the site) located entirely within the Village of Sleepy Hollow, New York; and WHEREAS, the Proposed Action is, and continues to be, subject to review under the State Environmental Quality Review (SEQR) laws of the State of New York, including the preparation of a Draft Environmental Impact Statement (DEIS) and a Final Environmental Impact Statement (FEIS); and WHEREAS, the plan presented in the preliminary FEIS was changed since the DEIS submission and included several significant modifications to the project program and design; and WHEREAS, the modifications included, among others: a reduction in the number of residences from 1,562 to 1,250; a reduction in retail space from 180,000 sf to 132,000 sf; a reduction in office space from 50,200 sf to 35,000 sf; a change in the balance of rental vs. ownership units; incoiporation of a wider buffer area next to Kingsland Point Park; and additional waterfront open-space amenities; and WHEREAS, during the course of the subject environmental review and conceptual site plan analysis, the Village Board did evaluate building height as a design parameter and its relationship to the RF district zoning text; and WHEREAS, in order to address building height within a specific section of the RF-Riverfront Development District, a text amendment would be required; and WHEREAS, a copy of the proposed zoning text amendment petition was filed with the Village of Sleepy Hollow and is attached hereto. NOW THEREFORE BE IT RESOLVED, that the Village Board does hereby schedule a public hearing on the proposed zoning text amendment to be held on January 23, 2007 at 8:00 PM at the W.L. Morse School, Pocantico Street, Sleepy Hollow, NY 10591; and be it further Page 1 of 2 �RESOLVED, that the Villp.ge Board does hereby refer the proposed zoning text amendment to the Village of Sleepy Hollow Planning Board for their review and report, to the Waterfront Advisory Committee for their review and recommendation and to Westchester County consistent with General Municipal Law. I Moved: Trustee Murray Seconded: Trustee DiFelice Vote: 6-1-0 By Roll Call: Mayor Zegarelli, Trustees DiFelice, Grala, Morales, Murray & Spota Voted Yes. Trustee Capossela Voted No. I Page 2 of 2 �VILLAGE B O A R D : VILLAGE OF SLEEPY HOLLOW C O U N T / OF WESTCHESTER: STATE OF N E W YORK In the Matter of the Application of ROSELAND/SLEEPY H O L L O W LLC PETITION For amendments to Section 62-5.1 of the Zoning Code of the Village of Sleepy Hollow with respect to the regulations of the RF — Riverfront Development District of the Village of Sleepy Hollow. Roseland/Sleepy Hollow LLC (the "Petitioner"), by its attorneys DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, LLP, hereby petitions the Village Board of the Village of Sleepy Hollow pursuant to New York Village Law Sections 7-706 and 7-708 and Article XIH of the Zoning Code of the Village of Sleepy Hollow (Chapter 62 of the Code of the Village of Sleepy Hollow) as follows: T H E PETITIONER AND THE AFFECTED PROPERTY 1. The Petitioner is a limited liability company duly organized and existing under the laws of the State of New Jersey, having its principal address at 233 Canoe Brook Road, Short Hills, New Jersey 07078. 2. The real property affected by this Petition (the "Site") is the vacant site of the former General Motors Corporation "Tarrytown" vehicle assembly plant, generally bounded on the west by the Hudson River, on the north by Kingsland Point Park and DeVries Park, on the east by the Philipsburg Manor Restoration and residences, and on the south by residences, including the residential development known as Ichabod's Landing, and commercial uses. The Site consists of three parcels of land totaling approximately 94.5 acres of land above the mean i ten 36.3 . 0133JMUKII 1 �SS'I high water line of the Hudson River. The Site is located in the RF - Riverfront Development District ("RF District") of the Village, and constitutes more than 50% of the frontage in the RF District1. 3. The record owner of the Site is the Town of Mount Pleasant Industrial Development Agency, and the beneficial owner of the Site is General Motors Corporation. The I Petitioner is authorized to submit this Petition on behalf of General Motors Corporation. T H E PROPOSED REDEVELOPMENT OF THE SITE 4. Pursuant to Sections 62-5.l.E and 62-5.l.H of the Village Zoning Code, the Petitioner has applied to the Board of Trustees of the Village (the 'Village Board") for special permit approval and "riverfront development concept approval" of the proposed redevelopment of the Site for residential, commercial, governmental (proposed Village Department of Public Works facility) and public open space and recreational uses. 5. The Petitioner's proposed "riverfront development concept plan" for the Site is the subject of a Draft Environmental Impact Statement ("DEIS") accepted as complete by the Village Board on January 11, 2005, and a Final Environmental Impact Statement ("FEIS") anticipated to be accepted as complete by the Village Board on December 19, 2006. I 6. The riverfront development concept plan currently proposed by the Petitioner is presented in the FEIS, and is identified in the FEIS as the "FEIS Alternative Plan." The FEIS Alternative Plan complies with the regulations of the RF District except with respect to the height of four (4) proposed buildings located within 300 feet west of the west side of the MetroNorth Railroad right-of-way. 1 See Section 62-53 -A(3) of the Village Zoning Code. 1151136.3 013J3WMIOI I Under Section 62-5.1.X(2)(e) of the Village Zoning Code, �buildings within this area may not exceed 42 feet in height; proposed Buildings A, E, I and N are five (5) stories and in excess of 42 feet high. 7. Buildings A, E, I and N are also shown in the DEIS as five (5) stories and in excess of 42 feet high. In its comments on the DEIS, the Village Board acknowledged that the intent of Section 62-5.1.X(2)(e) of the Village Zoning Code was llto allow for views from development on the east side of the [Metro-North Railroad] tracks," and that because "circumstances have changed (i.e., no development proposed on the east side) it seems that having shorter buildings near the tracks does not make as much sense'*2. Accordingly, the Village Board concluded that the Village "needs to reconsider the appropriateness of the height regulations for this part of the [S]ite"3. T H E PROPOSED AMENDMENTS TO THE VILLAGE ZONING C O D E 8. For the reasons expressed by the Village Board, the Petitioner respectfully requests that Section 62-5.1X(2)(e) of the Village Zoning Code be amended to increase the permitted building height in the area located within 300 feet west of the west side of the MetroNorth Railroad right-of-way from 42 feet to 65 feet, as follows (text in brackets deleted; underlined text added): tc No portion of a building or structure shall be erected to a height in excess of [42] 65 feet between the west side of the Metro-North Railroad property and 300 feet west of same." 2 3 FEIS Comment No. 4306. Ibid. 11P1136J 0I33MWW1 �jr 9. Increasing maximum permitted building height to 65 feet high in the 300 foot wide area west of the Metro-North right-of-way (the "Subject Area") is consistent with Sections 62-5.1.X(2)(d) and 62-5.1.X(2)(f) of the Village Zoning Code, pursuant to which buildings and structures in the areas immediately west of the Subject Area and east of the right-of-way may be up to 65 feet high. Furthermore, although Section 62-5.1.X(2)(g) of the Village Zoning Code expressly refers to "building length," the section is obviously intended to permit the Village Board to approve discretionary increases in building height in excess of 65 feet in these same areas. The reference to "building length" is therefore apparently an error. 10. The Petitioner respectfully submits that permitting the Village Board to approve discretionary increases in height in excess of 65 feet in the Subject Area complements the authority already conferred by Section 62-5.1.X(2)(g) with respect to the areas immediately west of the Subject Area and east of the Metro-North Railroad right-of-way and is consistent with sound planning. Although the Petitioner does not propose to avail itself of the discretionary authority, the Petitioner suggests that the Village Board take the opportunity to correct the error and extend the Village Board's authority to the Subject Area by amending Section 62-5.1.X(2)(g) as follows (text in brackets deleted; underlined text added): "With respect to the areas to which Subsections X(2Yd). (t) and (f) immediately above apply, and notwithstanding the provision of said sections, the Village Board of Trustees, during the concept plan review process, may grant an increase in building [length] height in excess of 65 feet where said Board finds that such increase would be consistent with the intent and purposes of the village's Local 1I91I36J OmiBtt-OOl 4 �Waterfront Revitalization Program and would not result in adverse impacts to view corridors, nearby landmarks or adjacent land uses." WHEREFORE, the Petitioner respectfully requests that the Village Board grant this Petition in all respects. Dated: White Plains, New York December 18,2006 Respectfully submitted, DELBELLO DONNELLAN WEINGARTEN TARTAGLIA WISE & WIEDERKEHR, LLP By: Peter J. Wise Attorneys for Petitioner One North Lexington Avenue White Plains, New York 10601 (914) 681-0200 1)91136.3 013HSO40I 5 �yS5~ Meeting Date: Resolution # : 12/19/06 12/231/06 VILLAGE OF SLEEPY HOLLOW ENVIRONMENTAL FINDINGS STATEMENT WATER SUPPLY IMPROVEMENT PROGRAM WHEREAS, the Village of Sleepy Hollow is a duly incorporated municipal body located in Westchester County, New York; and WHEREAS, on November 19, 1926 the Village of North Tarrytown (now Sleepy Hollow) did enter into an easement agreement with John D. Rockefeller for the creation of a municipal reservoir located in the Town of Mt. Pleasant, New York; and WHEREAS, the Village's existing reservoir has a capacity of approximately 800,000 gallons, which hcretofor had been adequate to serve the water supply needs of the Village of Sleepy Hollow; and WHEREAS, during the course of environmental reviews for various projects located within the Village, the Westchester County Department of Health (DOH) indicated that the Village's water supply storage system was inadequate and needed to be expanded to meet current Health Department standards; and WHEREAS, beginning in the spring of 2002, the Village did initiate a series of engineering studies to evaluate the eventual size and supply requirements of the Village's water supply system; and WHEREAS, on November 12, 2002, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) did circulate a Notice of Intent to Act as Lead Agency for a proposed municipal water supply improvement project; and WHEREAS, the municipal water supply improvement program includes the construction of an expanded reservoir system, enhancement to the water transmission system and upgrading the Village's pump station (the Proposed Action); and WHEREAS, the Village Board would be the primary funding agency and approval authority for the proposed municipal water supply improvement project; and WHEREAS, during the course of the comment period for the Notice of Intent to Act as Lead Agency, the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP) provided written correspondence dated December 12,2002, to the Village Board requesting that an additional 30-day extension be provided in order for the NYSOPRHP to conduct a more thorough review of the Proposed Action; and WHEREAS, in correspondence dated December 18, 2002, the Village did respond to the Parks Department by indicating that they would provide for an additional 30 days before Lead Agency determination; and �WHEREAS, on February 13,2003, representatives of the Village did meet with representatives from NYSOPRIIP to discuss matters related to the Proposed Action, including alternate site locations; and WHEREAS, on March 4, 2003, the Mayor and Board of Trustees of the Village of Sleepy Hollow did declare themselves to be the Lead Agency for the environmental review of the proposed municipal water supply improvement project for the following reasons as outlined in Section 617.6(b)(5)(v) of the State Environmental Quality Review Act regulations a. The anticipated impacts of the proposed action are primarily of local significance affecting the Village of Sleepy Hollow's existing water supply systems, said system upgrade is a necessity in order to provide for other potential future development along the Sleepy Hollow waterfront and elsewhere. b. The Village of Sleepy Hollow through the environmental review process, has the ability to conduct a thorough investigation and has already contracted with various professionals to prepare the preliminary planning and engineering documentation. If required, the Village has the ability to bring on other professionals and consultants as needed. The Village also has as a staff, the Department Head of the Department of Public Works and Water Department to assist in the design and review of the system; c. The Village Board is intimately familiar with the SEQR process and will follow the mandated SEQRA procedures as they have in other similar environmental reviews; and, WHEREAS, on March 25, 2003, the Lead Agency, based on the information presented in the environmental assessment form and supporting documentation, declared that the Proposed Action may have a significant effect on the environment, and that a Draft Environmental Impact Statement (DEIS) will need to be prepared; and WHEREAS, on June 11, 2004, the Lead Agency received a preliminary DEIS that was reviewed for completeness with respect to the scope, content and adequacy of the information presented therein; and WHEREAS, a copy of the preliminary DEIS was sent to OPRHP for their review and comment and the Village did meet with OPRHP to discuss their comments on the completeness aspect of the preliminary DEIS; and WHEREAS, the Lead Agency discussed the completeness aspect of the DEIS at their June 15, June 22, July 13 and August 10, 2004 Village Board meetings; and WHERAS on August 10, 2004, the Lead Agency did declare the Draft Environmental Impact Statement to be complete and adequate for circulation and public comment; and WHEREAS, the Lead Agency did hold a public hearing on the DEIS on September 2 1 , 2004 in which all members of the public wishin&to be heard will be provided an opportunity, and a comment period for written comments held open until October 12, 2004; and EFS-2 �3Y7 WHEREAS, the Lead Agency commenced with the preparation of responses to the comments raised including the commission of separate reports related to utility design, ecological assessment and visual simulations; and WHEREAS, the Lead Agency did consider two additional alternative locations for a municipal reservoir, including a location at the Phelps Memorial Hospital and analyzed those locations in the FEIS:and WHEREAS, during the time between the close of the comment period and acceptance of the FEIS, the Village Board did meet with Village staff and consultants to discuss updates and status of the various studies and response to comments; and WHEREAS, after reviewing the FEIS document, the Village Board, on November 7,2006 did accept the FEIS as complete and adequate for public review and comment, and requested the Village Planning Consultant to circulate the FEIS documents to all agencies and persons identified on the Notice of Completion, and provide a copy of said FEIS to the public library and Village Clerk's office; and WHEREAS, on November 28, 2006 the Village Board did hold a public hearing on the FEIS and received written correspondence from the NYSOPRHP, said correspondence objected to the location of a proposed expanded reservoir in the Rockefeller State Park Preserve; and WHEREAS, the Village of Sleepy Hollow Waterfront Advisory Committee (WAC) did review the proposed action at its December 6, 2006 meeting and did determine that the Proposed Action as modified was not inconsistent with the Village's Local Waterfront Revitalizations Review Program (.LWRP); and NOW, THEREFORE, BE IT RESOLVED, that the Village Board, after full and complete review of the alternatives examined, does hereby select the Phelps Memorial Hospital location as among the viable alternatives considered as part of the FEIS, said alternative including site plan and visual impact simulations were discussed in the FEIS; and, be it further RESOLVED, that the Village Board has considered the WAC's recommendation and the goals and policies outlined in the Village's LWRP and finds the action to be consistent with said goals and policies; and, be it further RESOLVED, the Village Board finds that, based on the analysis of the alternatives presented during the environmental review process, the proposed project located on the grounds of the Phelps Memorial Hospital is the preferred alternative, which will result in the greatest overall benefit to the community while minimizing adverse impacts; and be it further RESOLVED, that having fully considered the Draft and Final Environmental Impact Statements and comments received at public hearings, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, the Village Board certifies that: EFS-3 �1. The requirements of 6 NYCRR Part 617 have been met and fully satisfied; 2. Consistent with social, economic and other essential considerations, from among the reasonable alternatives available, the proposed project is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement; 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures that were identified as practicable; and 4. Consistent with the applicable polices of Article 42 of the Executive Law, as implemented by 19 NYCRR 600.5, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. Moved by: Trustee DiFelice Seconded by: Trustee Spota I Vote: Unanimous F:\M\M-720 Sleepy Hollow\M-720.43 SH ReservoirVEnv. Findings Statement 12-19-06.doc I EFS-4 �[JBC-iH-ue uiidipn; hroRi-bainas.iirunar.KonzinKinovicK.LLf. Meeting Date: Resolution No: I tuiA ititf utuu i-&by p.uuz/l'D4 F-U7Z 12/19/06 12/232/06 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW CALLING FOR A PUBLIC HEARING TO ADOPT A LOCAL LAW AMENDING CHAPTER 46 OF THE GENERAL CODE OF THE VILLAGE OF SLEEPY HOLLOW ENTITLED "SIGNS" WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") regulated various forms of signs within its geographical boundaries, and WHEREAS, Sleepy Hollow believes that a balance should be struck between the rights of its citizens and merchants to display appropriate signs and the need for the Village to maintain its good order and preserve its visual environment, and WHEREAS, Sleepy Hollow has requested its Village Architect to prepare changes to its existing sign ordinance to accomplish all of these objective, and WHEREAS, Sleepy Hollow has reviewed these recommendations prepared by the Village Architect and believes they are appropriate for public hearing, NOW THEREFORE BE IT RESOLVED, that a public hearing will be held on the 9thday of January, 2O07 at 8:00 pm at the municipal building, 28 Beekman Avenue, Sleepy Hollow, New York to consider a local law to amend Chapter 46 of the General Code of the Village of Sleepy Hollow entitled "Signs" Moved: I I Trustee Capossela Seconded: Trustee Grala Vote: Unanimous ADDENDUM.: Because of scheduling c o n f l i c t s , the V i l l a g e Board was p o l l e d by the Mayor and i t was decided the hearing should be n o t i c e d for 7 pm. **>e?9 �56o Meeting Date: 12/19/06 Resolution #: 12/233/06 SEQRA RESOLUTION I N REGARD TO THE INTERMUNICIPAL AGREEMENT BETWEEN RELATED TO THE RENOVATIONS AND EXPANSION OF BARNHART PARK I WHEREAS, the Board of Trustees, by prior action, reviewed and made certain environmental findings regarding the renovations and expansion of Barnhart Park and now has reviewed a short form Environmental Assessment Form in regard to the entering into an Intermunicipal Agreement between the Village of Sleepy Hollow and the County of Westchester, to provide funding for said renovations and expansion. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees finds that the entering into the Intermunicipal Agreement constitutes an unlisted action under SEQRA, and it. is further RESOLVED, that the entering into of such agreements will not have a significant impact upon the environment and accordingly the Board of Trustees hereby issues a "negative declaration" pursuant to SEQRA in regard to the entering into of the proposed agreements set forth above. Moved: Trustee Grala I I Seconded: Trustee Morales Vote: Unanimous �Meeting Date: 12/19/06 Resolution #: 12/234/06 RESOLUTION APPROVING INTERMUNICIPAL AGREEMENT BETWEEN WESTCHESTER COUNTY AND VILLAGE OF SLEEPY HOLLOW FOR BARN HART PARK WHEREAS, a proposed Intermunicipal Agreement between the County of Westchester and the Village of Sleepy Hollow has been prepared, a draft of which is annexed hereto, which Agreement embodies the funding commitment of Westchester County in the amount of $1,250,000 for the expansion and renovation of Barnhart Park; and WHEREAS, pursuant to said Intermunicipal Agreement, the Village of Sleepy Hollow shali have full responsibility for operating and maintaining the subject property once improved; and WHEREAS, the Board of Trustees has determined that it is in the public interest for the Village to enter into such Agreement. NOW, THEREFORE, BE I T RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow hereby approves the Village of Sleepy Hollow entering into an Intermunicipal Agreement with the County of Westchester in regard to the expansion and renovation of Barnhart Park pursuant to the terms and conditions set forth therein, and it is further RESOLVED, that the Mayor of the Village of Sleepy Hollow is authorized to execute the Intermunicipal Agreement, subject to final modifications to be approved by Special Counsel to the Village. Moved: Trustee Morales Seconded: Trustee Murray Vote: Unanimous �S6X THIS INTERMUNICIPAL AGREEMENT, made the , 2006 by and between: I day of THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601, (hereinafter referred to as the "County") and THE VILLAGE OF SLEEPY HOLLOW, a municipal corporation of the State of New York, having an office and place of business at 28 Beekman Avenue, Sleepy Hollow, New York 10591 (hereinafter referred to as the "Municipality") WHEREAS, Section 244-b of the General Municipal Law authorizes municipalities to enter into agreements for the joint operation and maintenance of recreation facilities; and WHEREAS, the Municipality is the owner of certain real property known as Barnhart Park shown on Schedule "A" which is attached to and made a part of this Agreement; and I WHEREAS, the Municipality desires to make a portion of Barnhart Park shown on Schedule "A" and identified on said Schedule "A" as the "Proposed Lease Property" ("the Property") available to all Westchester County residents for park purposes; and WHEREAS, the County desires to assist the Municipality in making needed improvements to the Property. NOW, THEREFORE, in consideration of the premises and of the mutual representations, covenants and agreements herein set forth, the County and the I �Municipality, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows: ARTICLE I IMPROVEMENTS TO THE PROPERTY Section 1.0. The Municipality shall undertake the improvements to the Property as specified in the list of improvements known as "Barnhart Park Expansion Master Plan" attached hereto as Schedule "B", which list of improvements has been approved by the Municipality and the County. The Municipality shall not deviate from the approved list of improvements without the prior written consent of the County Commissioner of Planning or his authorized representative (the "Planning Commissioner''). The Property and the improvements shall be accessible to all Westchester County residents for the term of this Agreement. ARTICLE II PAYMENT Section 2.0. The total estimated cost of the improvements to the Property and the amount bonded by the County for that purpose is ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000.00). In consideration of the improvements to be made to the Property and their availability to all Westchester County residents, the County shall reimburse the Municipality an amount not to exceed ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000.00), payable in arrears. The County shall have no further obligation whatsoever for the Property. The remaining FIFTY THOUSAND DOLLARS ($50,000.00) shall be retained by the County to offset its administrative expenses. Any and all requests for payment shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Planning Commissioner. In no event shall a payment be made to the Municipality prior to completion of 2 �all improvements that are the basis for that request, the submission of reports and the approval of same by the Planning Commissioner. Ail payment vouchers mast be accompanied by a numbered invoice and must contain the invoice number where indicated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the Municipality for out of pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder. Prior to the making of any payments heremider, the County may, at its option, audit such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment. The County will not withhold payment pursuant to this paragraph for more than thirty (30) days after payment would otherwise be due pursuant to the provisions of this Section 2.1, but the County shall not be restricted from withholding payment for cause found in the course of such audit or because of failure of the Municipality to cooperate with such audit. The County shall, in addition, have the right to audit such books and records subsequent to payment, if such audit is commenced within one year following termination of this Agreement. ARTICLE III LEASE OF PROPERTY Section 3.0. hi order to facilitate the County's issuance of bonds to finance a portion of the improvements to the Property, the Municipality grants to the County the exclusive right to use and occupy the Property for trie term and subject to the conditions set forth in this Agreement. The County shall use the Property for the purposes contemplated by this Agreement and for no other purpose whatsoever. Section 3.1. The consideration for this lease shall be the County's faithful performance 3 �of all of its obligations under this Agreement. Section 3.2. Upon the termination of this Agreement, the County shall peaceably surrender up the Property to the Municipality. Upon such termination, the Municipality may reenter and repossess the Property together with all improvements and additions thereto. ARTICLE IV RIGHTS AND RESPONSIBILITIES OF THE MUNICIPALITY REGARDING THE PARK Section 4.0- The Municipality shall have sole authority and control over the development, operation, management, scheduling and maintenance of the Property. The Property shall be operated as a Village park, but shall be available to all Westchester County residents. Section 4.1. The Municipality shall, at its sole cost and expense, assume full responsibility for the operation of the Property for park purposes in accordance with this Agreement and for repair, maintenance and security of the Property in accordance with this Agreement, all to the satisfaction of the County. Section 4.2. The Municipality shall operate the Property for the accommodation of the public for park purposes in accordance with the terms and conditions of Schedule "C". The Property shall be open and available to the general public and under no circumstance shall access be limited solely to residents of the Municipality or other designated local government. Section 4 3 . The Municipality shall, at its sole cost and expense, continuously throughout the term of this Agreement, provide reasonable and adequate security and safety at the Property through the Municipality's police department or other agency designated to provide such police services. 4 �Section 4.4. The Municipality shall, at its sole cost and expense, repair, maintain and properly supervise the Property, it being understood and agreed that such repair, maintenance and supervision shall be performed by the Municipality when necessary and to correct hazardous conditions. The Municipaliry shall, at its own cost and expense, keep any and all refuse in containers and remove and dispose of same as required. Section 4.5. Following construction of improvements on the Property, they shall be available to the public as required by this Agreement although the Municipality shall have sole discretion to schedule the use of same as appropriate. Section 4.6. The Municipality shall, at its own cost and expense, promptly comply with all statutes, ordinances, rules, orders, regulations, codes and requirements of the Federal, State, County and local governments and all insurance requirements applicable to the said Property or any part thereof or applicable to this Agreement. The Commissioner of Parks, Recreation and Conservation or his designee (the "Parks Commissioner") shall be entitled to enter the Property, or any part thereof, at any and all times for any and all purposes, without the need to obtain the consent or permission of the Municipality. Section 4.7. All advertising and signage to be utilized by the Municipality in connection with the operation of the Property shall be subject to the prior written approval of the Parks Commissioner and shall be provided to the County in advance for review. The Municipality shall acknowledge the County's contribution toward improvement of the Property on any signs erected at the Property and on any other publications, documents, etc. mentioning the Property. Section 4.8. In addition to, and not in limitation of the insurance requirements contained in Schedule "D" entitled "Standard Insurance Provisions", attached hereto and made a part hereof, the Municipality agrees: 5 �(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its elected officials, officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the maintenance, operation, security and/or repair of the Property and this Agreement and of the acts or omissions hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of maintenance, operation, security and/or repair of this Property and this Agreement and to bear all other costs and expenses related thereto. ARTICLE V ROAD TRANSFER 5.0. As further consideration for the County's investment in the Property, the Municipality agrees to accept the transfer of Webber Avenue, also known as County Road 14 A, consisting of approximately .47 miles (the "Road"). The County shall remove the Road from the County road system in the manner prescribed by Section 115-b of the Highway Law and all of the County's right, title and interest in the Road shall thereupon revert to the Municipality. 5.1. Immediately upon execution of this Agreement, the Municipality, at its sole expense, shall assume full responsibility for repair, maintenance and operation of the Road, including but not limited to snow and ice removal and all policing functions. In providing the services contemplated by this Agreement, the Municipality shall act in strict, accordance with all applicable federal, state and local laws and regulations, provided, however, that in no event shall the Road be maintained at less than the level at which the Municipality maintains its own roads. 6 �5'6S The sendees provided by the Municipality during the term of this Agreement shall be subject to approval by the County Commissioner of Public Works. 5.2. Upon execution of this Agreement, the County shall have no responsibility whatsoever for the Road, including but not limited to financial responsibility. 5.3. Upon the effective date of the reversion of the Road to the Municipality, the Municipality shall assume full responsibility for the Road in all respects. The Municipality shall not require the delivery of a deed as evidence of the reversion of the Road. 5.4. In furtherance of this Agreement, the Municipality shall act in strict accordance with all applicable federal, state and local laws and regulations. Following the transfer, the Municipality shall continue to comply with, and agrees that the County Planning Board shall continue to have the jurisdiction under, Section 277.61 of the Laws of Westchester County and Sections 239-1 through 239-n of the New York General Municipal Law, as may be amended from time to time, as if the Road were still a County road. Without limiting the foregoing, the Municipality shall continue to give notice of hearings and refer actions to the County Planning Board; the County Planning Board shall continue to have the right to appear at hearings and make recommendations on proposed actions; and the Municipality shall continue to not act contrary to said recommendations, except by the adoption of a resolution in accordance with Section 277.61 of the Laws of Westchester County. Notwithstanding this provision, the County shall have no financial or other obligation or liability with respect to the Road. 5.5. Pursuant to Section 115-c of the Highway Law, the Municipality hereby waives its right to the thirty (30) days written notice as required by Section 115-c of the New York Highway Law. 5.6. In addition to, and not in limitation of the insurance requirements set forth in Schedule "D", the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Municipality �shall indemnify and hold harmless the County, its elected officials, officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out maintenance, operation, security and/or repair of the Road and this Agreement and of the acts or omissions hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of maintenance, operation, and/or repair of the Road and this Agreement and to bear all other costs and expenses related thereto. ARTICLE VI INSURANCE 6.0. The Municipality shall procure and maintain insurance coverage for its maintenance, operation, security and/or repair of the Property and the Road as specified in Schedule "D" attached hereto and made a part hereof. Notwithstanding the preceding sentence, the Municipality may provide proof of self-insurance in lieu of insurance policies. ARTICLE VTI RESPONSIBILITIES OF THE COUNTY Section 7.0. The County shall have no responsibility for the Property other than to provide the payment set forth in Section 2.0 hereof. ARTICLE VIII TERM OF AGREEMENT Section 8.0. The term of this agreement shall commence upon execution by both parties and shall continue for fifteen (15) years unless terminated sooner as provided herein. 8 �S7b ARTICLE IX NOTICES Section 9.0. All notices of any nature referred to in this Agreement shall be in writing I and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall, be effective on the date of receipt. Commissioner of Parks, Recreation and Conservation County of Westchester 25 Moore Avenue Mount Kisco, New York 10549 with copies to: County Attorney 148 Martine Avenue, Room 600 White Plains, New York 10601 I Commissioner of Public Works 148 Martine Avenue, Room 528 White Plains, New York 10601 T o the Municipality: Village Manager Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 ARTICLE X MISCELLANEOUS Section 10.0. Any purported delegation of duties or assignment of rights under this Agreement without the prior express written consent of the County is void. Section 10.1. The failure of the County to insist upon strict performance of any term, condition or covenant herein shall not be deemed a waiver of any rights or remedies that the County may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions or covenants herein. I �Section 10.2. In the event that the Municipality materially defaults in the performance of any term, condition or covenant herein contained, the County, at its option and in addition to any other remedy it may have to seek damages, judicial enforcement or any other lawful remedy, may terminate this Agreement upon ninety (90) days notice to the Municipality; provided, however, that the Municipality may defeat such notice by curing the default complained of within such notice period, or, if any such default is not curable within such notice period by promptly commencing to cure the default and diligently pursuing all necessary and appropriate action to effect such cure. In the event this Agreement is tenninated, the Municipality shall have one hundred eighty (180) days from the effective termination date to pay the County, as liquidated damages, the full amount paid by the County pursuant to this Agreement. Section 10.3. It is mutually understood and agreed that the terms, covenants, conditions and agreements herein contained shall be binding upon the parties hereto and upon their respective successors, legal representatives and assigns. Section 10.4. This Agreement and its attachments constitute the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. This Agreement shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties, and approved by the Office of the County Attorney. Section 10.5 It is recognized and understood that the Municipality is not an agent of the County and in accordance with such status, the Municipality, its consultant(s), its subcontractors), and their respective officers, agents, employees, representatives and servants shall at all times during the term of this Agreement neither hold themselves out as, nor claim to be acting in the capacity of officers, employees, agents, representatives or servants of the County, nor make any claim, demand or application for any right or privilege applicable to the County, including 10 �S7X. without limitation, rights or privileges derived from workers compensation coverage, unemployment insurance benefits, social security coverage and retirement membership or credit. Section 10.6. This Agreement shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. Section 10.7. In the event that any one or more provisions, sections, subsections, clauses or words of this Agreement are for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, but this Agreement shall be construed and enforced as if such illegal or invalid section, subsection, clause or word has not been contained herein. Section 10.8. This Agreement shall be deemed executory only to the extent of funds appropriated and made available for the purpose of this Agreement and no liability on account thereof shall be incurred by the County beyond the amount of such appropriated funds. Section 10.9. All covenants, stipulations, promises, agreements and obligations of the Municipality and the County contained herein shall be deemed to be stipulations, promises, agreements and obligations of the Municipality and the County and not of any member, officer or employee of the Municipality or the County in his individual capacity and no recourse shall be had for any obligation or liability herein or any claim based thereon against any member, officer or employee of the Municipality or the County or any natural person executing this Agreement. Section 10.10. The parties each agree to execute and deliver such further instruments and to obtain such additional authority as may be required to carry out the intent and purpose of this Agreement. I �Section 10.11. This Agreement may be executed in two or more counterparts and all counterparts so executed shall for all purposes constitute one agreement binding upon all the parties hereto. Section 10.12. Failure of any party to insist upon strict performance of any term, condition or covenant of this Agreement shall not be deemed to constitute a waiver or relinquishment of such term, condition or covenant for the future right to insist upon and to enforce by injunction or by other legal or appropriate remedy strict compliance by any other party with such term, condition or covenant. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. COUNTY OF WESTCHESTER By: Joseph A. Stout Commissioner of Parks, Recreation & Conservation VILLAGE OF SLEEPY HOLLOW By: (Name & title) Approved by the Board of Legislators of the County of Westchester by Local Law No. 3-2O05. Approved by the Board of Acquisition and Contract of the County of Westchester on the day of , 200_. Approved by the Municipality's governing board on the 200 . 12 day of , �I Approved as to form and manner of execution: Approved as to form: Sr. Assistant County Attorney The County of Westchester Village Attorney Village of Sleepy Hollow S/L/PLN/54657/Sleepy Hollow Barahart Park IMA 12-14-06 final I I 13 �MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss.: I COUNTY OF WESTCHESTER) On this day of , 200 , before me personally came , to me known, and known to me to be the of the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he, the said and that he is resides at of said municipal corporation. Notary Public County I �S7t> CERTIFICATE OF AUTHORITY (Municipality) I, (Officer other than officer sigriing contract) certify that I am the of the (Title) I (Name of Municipality) (the "Municipality") a corporation duly organized in good standing under the (Law> under which organized, e.g., the New York Municipality Law, Municipality Law, General Municipal Law) named in the foregoing agreement that (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution of the Municipality, (Title of such person), that said agreement was duly signed for on behalf of said Municipality by authority of its (Municipality Board, Municipality Board, Municipality Council) thereunto duly authorized, and that such authority is in full force and effect at the date hereof. (Signature) I STATE OF NEW YORK ) ss.i COUNTY OF WESTCHESTER) On this day of . 200 , before me personally came whose signature appears above, to me known, and know to be the of (title) the municipal corporation described in and which executed the above certificate, who being by me duly sworn did depose and say that he, the said resides at , and that he is the of said municipal corporation. (title) Notary Public County �$V SCHEDULE "A" MAP OF BARNHART PARK AND PROPOSED LEASE PROPERTY [to be attached] I I I �^78 S .M-^ PRELIMINARY COST ESTIMATE Barnhart Park Expansion Master Plan December 14, 2006 Athletic Field Complex Description I Total Cost Demolition Special Soils Removal, Excavation & Grading Artificial Field Turf Concrete Edging along Artificial Field Turf Asphalt Sportscoating Basketball Goal Volleyball Nets Trash Receptacles 8' Player's Bench 10" high Chain Link Fence in footings 5' high Steel Bar Fence in Concrete Curb Grading Water Fountain Waterline Infrastructure for entire Park Trees Seeding Catch Basin (for entire infrastructure of park) Drainage Pipe (for entire infrastructure of park) Topsoil Subtotal $5,000.00 $87,000.00 $448,710.00 $23,000.00 $71,000.00 $4,250.00 $6,000.00 $8,000.00 $3,000.00 $6,000.00 $25,000.00 $45,000.00 $90,000.00 $6,500.00 $21,840.00 $18,000.00 $3,000.00 $22,000.00 $25,000.00 $5,000.00 $923,300.00 Renovation of Existing Park I I Demolition Asphalt Path Lighting Concrete Path Trash Receptacles Decorative Bench Granite Stairs Concrete Pavers at Overtook Stone Wall at Overlook Stone Piers at Overtook Railing at Overlook Deciduous Shade Trees Specimen Trees Seeding Topsoil $10,000.00 $18,000.00 $22,800.00 $14,000.00 $6,000.00 $18,000.00 $7,500.00 $22,500.00 $24,000.00 $5,000.00 $5,000.00 Subtotal $4,500.00 $2,400.00 $7,000.00 $10,000.00 $176,700.00 Total Contingency Grand Total Construction Costs $1,100,000.00 $100,000.00 $1,200,000.00 Administration and Design Costs Total Legacy Request for Funding $50,000.00 $1,250,000.00 �SCHEDULE "C" TERMS AND CONDITIONS OF OPERATION OF ATHLETIC FIELD FACILITIES Barnhart Park, Village of Sleepy Hollow, New York Hours of operation, scheduling and supervision: To Be Determined H IV At all times when the field is utilized, the Village will be responsible for the general supervision of the field facility. The Village will be responsible for the Maintenance of the facility and its related amenities with supplies and equipment provided by the Village. If the manufacturer of the field surface specifies a particular piece of equipment unique to the maintenance of the field, this item will be requested as part of the construction contract. TJw Park facilities must be open to all Westchester County residents. The Village may be asked from time to time to provide a report to the County detailing Village resident vs. non-resident use of the facilities. Permit or other fees not to exceed double what is charged to a Village resident group: It is understood and agreed between the parties that the Facilities is being improved for the use and benefit of the public. To the extent any fees are charged for the use of any part of the Facilities, the fees charged to non-residents of the Village shall not exceed double the fees charged to Village residents. All fees shall be subject to prior County approval, such approval not to be unreasonably withheld. ^Advertising & signage: All advertising and signage to be utilized by the Municipality in connection with the operation of the Facilities shall be subject to the prior written approval of the Commissioner, such approval not to be unreasonably withheld, and shall be provided to the County in advance for review. The Municipality shall acknowledge the County's contribution toward improvement of the Facilities on any signs erected at the Facilities and on any other publications, documents, etc. mentioning the Facilities. H Field Facilities signage in dual languages (English and Spanish). Security: The Municipality shall, at its sole cost and expense, continuously throughout the term of this Agreement, provide adequate security and safety at the Facilities through the Municipality's police departmen or other agency designated to provide such police services. The Village is responsible for the Payment of all utility costs associated with the field facilities. The Village is responsible for Litter/refuse removal and recycling at the field facilities. �Sfo Revenue generated from the field facilities may be kept by the Village to offset operating expenses. Vandalism repair and or replacement of the field facilities are the responsibility of the Village. I I 1 The Parking lot at the site adjacent to the field facilities will be maintained by the Village. The Village may place a storage container at. the field facilities to store equipment. The Village's Supervisor of Recreation will manage the working relationship with the County. �^ \ SCHEDULE "D" STANDARD INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the talcing out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." (Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits' Policy, or both, a temporary permit may be issued if the employer completes form C-105.2 in duplicate. A copy of form C-105.2 is sent to the Worker's Compensation Board, Information Unit for investigation and report.) If the employer is self-insured for Worker's Compensation, he should present a certificate from the New York State Worker's Compensation Board evidencing that fact. �3T$>- (b) Employer's Liability with minimum limit of $100,000. (c) General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 (c.s.l), naming the County of Westchester as an additional insured. This insurance shall indicate on the certificate of insurance the following coverages: (i) Premises - Operations, (ii) Broad Form Contractual. All Contracts involving the use of explosives and demolition shall provide the above coverage with elimination of the XCU exclusion from the policy, or proof that XCU is covered. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles, (ii) Hired automobiles, (iii) Non-owned automobiles. 3. All policies and certificates of insurance of the Municipality shall contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. 1 �^3 Meeting Date: Resolution #: 12/19/06 12/235/06 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Authorizing Contract with ELQ Industries for Emergency Interconnection of Meter Pits With Briarcliff Manor WHEREAS, on December 6, 2006, four bids were received to assist with the interconnect of the water system between the Villages of Sleepy Hollow and Briarcliff Manor where the low bidder was identified as ELQ Industries, inc. of New Rochelle, New York with a total lump sum bid of $269,336.00; and WHEREAS, funding for the installation of said meter pits by prior arrangement will be paid on a 50/50 basis with the Village of Briarcliff Manor; and WHEREAS, pursuant to the attached December 6, 2006 letter, the Village Engineer has recommended that said bid be accepted. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees herein accept the bid of ELQ Industries of New Rochelle, New York for the installation of said meter pits for a project cost of $269,336; and BE IT FURTHER RESOLVED that the Board of Trustees herein authorizes the Mayor to execute the said contract with ELQ Industries of New Rochelle, New York for the installation of said meter pits for a project cost of $269,336 and to take such other steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Murray Seconded: Trustee DiFelice Vote: Unanimous �55 H Dolph Rotfeld Engineering, P.C. CONSULTANTS & DESIGNERS 200 White Plains Road, Tarrytown, NY 10591 * (914) 63V8600 December 6, 2006 I Mr. Dwight Douglas, Village Administrator Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 RE: Emergency Interconnection with Briarcliff Manor Sleepy Hollow, New York Dear Mr. Douglas: On December 6, 2006, four bids were received for the above referenced project. The apparent low bidder was ELQ Industries, Inc. of New Rochelle, New York with a Total Lump Sum Bid price of $269,336.00. This office has had previous experience with this firm and has found their work to be satisfactory. This office therefore recommends award of the project to the low bidder ELQ Industries, Inc., 567 Fifth Avenue, New Rochelle NY 10801. Please advise us of your decision and when you will be scheduling a meeting with the contractor regarding contract signing, insurance policies and a tentative work schedule. I w U\ Sincerely, Jonathan M. Avellino associate Engineer c: Michael S. Blau, Briarcliff Manor Village Manager �5$> Meeting Date: 12/19/06 Resolution #: 12/236/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Covering of Parking Meters Be It Resolved that the Board of Trustees does hereby ratify the action of the Mayor to have the parking meters covered for the period December 13, 2006 through January 2, 2007 to provide for free parking during the holiday season. Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous I �ST Meeting Date: Resolution #: 12/19/06 12/237/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Contract with Community Initiatives Development Corporation ("CIDC") For Downtown Business Loan Program WHEREAS, the Mayor and Board of Trustees have reviewed the proposal provided by Community Initiatives Development Corporation ("CIDC") to assist the Village in establishing a downtown business loan program; and WHEREAS, the Mayor and Board of Trustees have, by prior action, provided through a grant matching facade funds to a section of the downtown business community and are now desirous to provide financial incentive beyond this section of the Village in the form of lower interest loans to the balance of the downtown community. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein authorizes execution of the attached contract agreement with CIDC for the purpose of establishing this lower interest loan program for the business community in the Village of Sleepy Hollow; and BE IT FURTHER RESOLVED that funding in the amount of $2,500 is herein set aside to pay for said contract services. Moved: Trustee Spota Seconded: Trustee Capossela Vote: Unanimous �CONTRACT BY AND BETWEEN VILLAGE OF SLEEPY HOLLOW AND COMMUNITY INITIATIVES DEVELOPMENT CORP. THIS AGREEMENT, made this 1st. day of December, 2006 by and between the Village of Sleepy Hollow, a municipal corporation with its principal office located at 28 Beekman Ave, Sleepy Hollow, NY 10591, hereinafter referred to as "the Village" and COMMUNITY INITIATIVES DEVELOPMENT CORP., a Pennsylvania corporation with an office at 18 Aitken Avenue, Hudson, New York 12534, hereinafter referred to as "CIDC". WITNESSETH WHEREAS, the Village desires to stimulate economic, and housing development in order to create new jobs, expand the tax base, and redevelop certain areas of the Village; provide housing and maximize the amount of governmental assistance it receives; and WHEREAS, the Village desires to engage CIDC to render certain technical advice and assistance in connection with such undertakings of the Village; and WHEREAS, CIDC can assist the Village in developing programs and identifying and funding the projects that will further the Village's economic development and housing goals; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: I. SPECIFIC TERMS AND CONDITIONS A. Scope of Services: CIDC shall perform all the necessary services under this Contract in connection with and respecting, but not limited to, the following: 1. Assist in the implementation and financing of economic development initiatives and projects. 2. Assist in the implementation and financing of housing development initiatives. 3. Assist in maximizing governmental grant and loans, private funding and semi public funding initiatives for the Village. 4. Develop a Family Business Loan Program. �fie B. Compensation: Compensation shall be paid in every case subject to receipt of requisition for payment from CIDC specifying that it has performed the work under this Contract in connection with the Contract, and that it is entitled to receive the amount requisitioned under the terms of the Contract. The Village agrees to pay and CEDC agrees to accept full payment for the work. The hourly fees to be billed are as follows: Billing Rate I C. 1. President $175.00 per hour 2. Senior Associate $145.00 per hour 3. Associates $100.00 per hour 4. Administrative Assistant $80.00 per hour Time of Perfofinance: 1. The services of CEDC will commence effective December 1, 2006, and shall be undertaken and completed in such sequences as to assure their expeditious completion with respect to the purposes of this Contract, but in any event, all the services required hereunder shall be completed within 365 consecutive days from the date of this Contract. 2. Either the Village or CEDC may cancel this Contract at any time, with or without cause and without penalty, before the expiration of its term by giving the other party written notice of such cancellation at least five (5) days prior to the date of cancellation. 3. Should this Contract be canceled prior to its expiration date, compensation shall be paid to CIDC pro rated to the effective date of cancellation. I D. Contact Person: CEDC's contact person for this Contract will be William Loewenstein. II. GENERAL TERMS AND CONDITIONS This Contract is subject to and hereby incorporated by reference to the provisions attached hereto as Exhibit "B" and entitled "Contract for Professional Services." IN WITNESS WHEREOF., the Village and CIDC have executed this Contract as of the date first above written. By: ^VilT&ge of Sleepy Hollow By: Community Initiatives Development Corp. I �1 EXHIBIT "B" CONTRACT FOR PROFESSIONAL SERVICES Part II - Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Contract, the Client shall, thereupon, have the right to tenninate this Contract by giving written notice to the Consultant of such tennination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies and reports prepared by the Consultant under this Contract shall, at the option of the Client, become its property and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the Client for damages sustained by the Client by virtue of any breach of the Contract by the Consultant, and the Client may withhold any payments to the consultant for the purpose of setoff until such time as the exact amount of damages due the Client from the Consultant is determined. 2. Tennination for Convenience of Client. The Client may terminate this Contract at any time by a notice in writing from the Client to the Consultant. If the Contract is terminated by the Client as provided herein, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent of the services covered by this Contract have been performed upon the effective date of such termination, the Consultant shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Consultant during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Consultant, Section I hereof, relative to tennination, shall apply. 3. Changes. The Client may, from time to time, request changes in the scope of the sendees of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the Client and the Consultant, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Consultant represents that he has, or will secure at his own expense all personnel required in performing the sendees under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Client. b. All the services required, hereunder, will be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institunon shall be employed on work under tins Contract. 5. Anti-Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandated by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat. 740: 63 Stat. 108: title U.S.C., section 874; and title 40 U.S.C. section 276C). The Consultant shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations or exemptions from the requirements thereof. �5-?0 6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Consultant or by any subcontractor thereunder, the Client shall withhold from the Consultant out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts: withheld shall be disbursed by the Client for and on account of the Consultant or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pending to Salary Rates. Claims and disputes pertaining to salary rates or total classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Consultant to the Client for the latter's decision which shall be fmal with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Consultant agrees as follows: a. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applications are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Client setting forth the provisions of this non-discrirnination clause. b. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceedings or has testified or is about to testify in any proceedings under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laws. The Consultant shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in perfonning any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Client. The Consultant shall be as fully responsible to the Client for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by him. The Consultant shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Consultant shall not assign any interest in this Contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Client: Provided, however that claims for money due or to become due the Consultant from the Client under this Contract may be assigned to a bank, trust company, or other Financial Institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Client. 13. Interest of Consultant. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this contract no person having any such interest shall be employed. 14. Access to Records. The Client, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to this Agreement for the purpose of making audit examination, excerpts, and transcriptions. The Consultant shall preserve all such records for the period identified in the Community Development Block Grant program regulations. �( 15. Section 3 Compliance In the Provisions of Training, Employment and Business Opportunities. a. The work to be performed under this Contract is on a project assisted under program providing direct Federal financial assistance from the Department of Housing and Urban Development, is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170Iu. Section 3 required that to the greatest extent feasible opportunities for training and employment be given low income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b . The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability w'hich would prevent them from complying with these requirements. c. The Consultant will send to each labor organization or representative of workers with which he has a collective bargaining agreement of other contract or understanding. If any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Consultant will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first, provided it with a preliminary statement of ability to comply with the requirements of these regulations. 16. Findines Confidential. All of the reports, information, data, etc., prepared or assembled by the Consultant under this Contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the Client. 17. Copyright. No report, maps, or other documents produced in whole or in pait under this Contract shall be in the subject of an application for copyright by or on behalf of the Consultant. 18. Section 503. Handicapped fif $2.500 or over). Affirmative Action for Handicapped Workers. a. The Consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant of employment is qualified. The Consultant agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The Consultant agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c. In the event of the Consultant's noncompliance with the requirements of this clause, actions of noncompliance may be taken in accordance with rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Consultant's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. �jT?ie. The Consultant will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Consultant is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 19. Section 402 Veterans of the Vietnam Era (if $10,000 or over). Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. a. The Consultant will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Consultant agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following. Employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. b. The Consultant agrees that all suitable employment openings of the Consultant which exist, at the time of the execution of this Contract and those which occur during the performance of this Contract, including those not generated by this Contract and including those occurring at the establishment of the Consultant other than the one wherein the Contract is being performed but excluding those of independently operated corporated affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Consultant further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs d and e. c. Listing of employment openings with the openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Consultant from any requirements in Executive Orders or regulations regarding nondiscrimination in employment. d. The reports required by paragraph b. of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office, or where the Consultant has more hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam Era hired, (3) the number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The Consultant shall submit a report within 30 days after the era of each reporting period wherein any performance is made on this Contract identifying data for each hiring location. The Consultant shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the Contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the Contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting j o b openings, recruitment and placement. e. Whenever the Consultant becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Consultant is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The Consultant may advise the State system when it is no longer bound by this Contract clause. f. This clause does not apply to the listing of employment openings which occur and are filled outside of the 50 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands. g. The provisions of paragraph b., c , d., and e. of this clause do not apply to openings which the Consultant proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer- �°i3 union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. h. As used in this clause: (1) "All suitable employment openings" includes but is not limited to, openings which occur in the following job categories: Production and non production; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive, administrative and professional openings which are compensated on a salary basis of less than $25,000 per year. This term includes full time employment of more than three days' duration and part time employment. It does not include openings which the Consultant proposes to fill from within his own organization or to fill pursuant to a c astomary and traditional employer-union hiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the government cannot reasonably be otherwise applied, where listing would be contrary to national security, or where the requirement of living would otherwise not be for the best interest of the government. "Appropriate office of the State employment service system" means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the area where the employment opening to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. "Openings which the Consultant proposes to fill from within the Consultant's own organization" means employment openings for which no consideration will be given to persons outside the Consultant's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Consultant proposes to fill from regularly established "recall" lists. "Openings which the Consultant proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the Consultant proposes to fill from union halls, which is a part of the customary and traditional and hiring relationship which exists between the Consultant and representatives of his employees. i. The Consultant agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. j . In the event of the Consultant's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. k. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the Consultant's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era for employment, and the rights of applicants and employees. 1. The Consultant will notify each labor union or representative of workers with which it has collective bargaining agreement or other contract understanding, that the Consultant is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. m. The Consultant will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance. Programs may direct to enforce such provisions, including action for noncompliance. 20. General. The Consultant shall comply with all the requirements binding upon the Client as part of the Community Development Block grant Agreement and found in the Federal Regulations, 24 CFR part 570. The Consultant shall maintain all records identified therein, and make them available to the Client and the Secretary of HUD. I �Meeting Date: Resolution #: 12/19/06 12/238/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to Execute Agreement with ASCAP WHEREAS, the Village of Sleepy Hollow was contacted by a representative of ASCAP relating to the types of public performances envisioned by Congress when enacting the Copyright Act and the need for the Village to enter into a license agreement; and WHEREAS, it is determined that the Village of Sleepy Hollow, through its recreation department, does hold special events (summer concert series, parades, aerobics classes) which fall into the parameters of the Copyright Act. NOW, THEREFORE, IT IS RESOLVED that the Mayor is authorized to execute the license agreement with ASCAP at a annual license fee of $280.00 and to take such other steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Capossela Seconded: Trustee Grala Vote: Unanimous �Meeting Date: Resolution #: 12/19/06 12/239/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Engineering Services for Senior Center WHEREAS, the Village of Sleepy Hollow is committed to developing a first class senior center for its senior citizens on the Elm Street lot; and WHEREAS, by prior action, the Board authorized contracting with Abbott & Price for the installation of piles and the pile caps and foundation for the senior center; and WHEREAS, a portion of the work done by Abbott & Price is funded by grants and a portion through Village bonding; and WHEREAS, it is important that adequate inspection oversight of the foundation work be performed in order to ensure proper structural support for the center. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein authorizes the Mayor to execute the attached proposal provided by Charles A. Manganaro Consulting Engineers in an amount not to exceed $12,880 and to take such other steps as are necessary to effectuate the intent of this resolution; and BE IT FURTHER RESOLVED that the capital budget for the senior center is herein amended in the Village adopted budget to include the costs as denoted above. Moved: Trustee Grala Seconded: Trustee Morales Vote: Unanimous �$% C H A R L E S A . C O N S U L T I N G M A N G A N A R O E N G I N E E R S A Professional Corporation No-ember 28, 2006 Mr. Dwight H. Douglas, Village Administrator Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591-2602 RE: Proposal for Office and Field Services for the Senior Center on Elm Street. CAMCENo. P-1738 Dear Mr. Douglas: In continuation with the next phase of work for the Senior Center, we are pleased to submit this proposal for the Office and Field Services during construction. We have prepared the scope of work for the foundation and footings as follows: Task A - Office Services: I c 65 East Route 4 . ^ -* ; u River Edge. NJ 07661-1949 201.342.4200 fax 201.342.0790 CamceS 1 beltatlantic.net www.camengineers.com 1. Coordinate bidding dates and prepare the public advertisement notice for the Village to publish in the local newspaper. 2. Coordinate and attend a pre-bid meeting. 3. Prepare document holders form to be utilized for tracking potential bidders. 4. Issue advertisements to construction news publications and prospective contractors' to encourage public bid participation. 5. Prepare an Engineer's Opinion of Probable Construction Cost estimate. 6. Distribute bidding documents to the Village for release to prospective bidders 7. Attend the bid opening, review bids received and present to the Village a recommendation for award. 8. Prepare a summary of bids received, review the low bidder's insurance and bonds for conformance with the bid documents and provide a recommendation to the Village. 9. Prepare four copies of the Contract Documents for execution by the Contractor. 500 8th Avenue, Suite 1220 New York, NY 10018 212.683.7712 8 Wyckham Hill Lane Greenwich. CT 06831 203.861.9232 I �11 C H A R L E S A. C O N S U L T I N G M A N G A N A R O E N G I N E E R S A PROFESSIONAL CORPORATION Mr « D w i g h t H - Douglas Village Administrator November 28, 2006 Page No. 2 of 4 10. Prepare and issue a Notice to Proceed letter. 11. Set up and conduct pre-construction meeting(s) with all involved parties. 12. Coordinate throughout the entire project with all involved parties. 13. Prepare and distribute minutes of all meetings, correspondence etc. 14. Review and process shop drawings (includes preparing and maintaining a shop drawing log, routing, distribution and filing). 15. Review and process periodic payment requests. 16. Prepare the semi-final payment documentation. 17. Prepare the final payment documentation and closeout. 18. Review As-Built Drawings and coordinate modifications with the contractor. Task B - Field Sendees: I Provide a Resident Engineer during the construction period to monitor the contractor's work. The duties of the resident will include the following: 1. Review the status and shop drawing submittal schedule and coordinate with the involved parties to maintain the project's progress. 2. Conduct progress inspections and meet with the Village, the contractor and other involved panies. 3. Maintain on-site files for shop drawings and review with the contractor to insure compliance with the documents. 4. Monitor contractor's work to determine if the said work is proceeding in accordance with all approved documents. 5. Verify that all tests are conducted in the presence of the approved personnel. 6. Maintain files for correspondence, shop drawings etc. 7. Maintain a journal of daily activities, which will be turned over to the Village at the completion of the project. 8. Prepare daily work reports noting important data, including contractor's equipment and staffing, visitors, and important items. I I �5^2 C H A R L E S A. C O N S U L T I N G M A N G A N A R O E N G I N E E R S A PROFESSIONAL CORPORATE M n D y v i g h t H D o u g l a s Village Administrator November 28, 2006 Page No. 3 of 4 9. Maintain a set of field drawings noting all deviations and appropriate data. 10. Upon substantial completion, prepare and maintain a punch list noting incomplete or defective work. 11. Provide interpretations of Contract Documents and respond to the contractor for any contract design and contract document related questions which require clarification. 12. Assist in negotiating any change orders, including recommendations and preparing necessary documentation to process the change orders. 13. Assist in overseeing independent soil testing and testing laboratory services retained by others. Responsibilities Fees: of the Client: a. All data deemed relevant to the project including, but not limited to, the proposed superstructure, utilities to be extended to this facility and/or other related information shall be provided to the Engineer. b. Assist in coordinating with the contractor and informing the public of work that may temporarily disrupt service. For Office and Field Services, associated with construction of the Senior Center Foundations presented above, our fees are as follows: Task a Office Services $ 7,600.00 Task B Field Services $ 5,280.00 Total Fee $12,880.00 The cost for office services is based on a lump sum fee. The cost for Field Services under Task B for items one through 11 is based on 48 hours of field observations and will be billed on an hourly rate with a cost not exceeding the quoted value. Due to the nature work for items 12 & 13 our fee will be based on actual hourly rates inclusive of benefits times a multiplier of 2.0 plus expenses and will not be performed without prior approval from the Village. These assumptions are based on a Contract duration of 90 calendar days to substantial completion. Provisions: Associated mutually acceptable fees, if desired by the client, will be negotiated later for additional services not included in the specified fee. The attached General Conditions shall be considered part of this Proposal. �p C H A R L E S C O N S U L T I A. M A N G A N A R O E N G I N E E R S N G A PROFESSIONAL CORPORATION Mr. Dwight H. Douglas Village Administrator November 28, 2006 Page No. 4 of 4 We look forward to continuing our professional relationship with the Village of Sleepy Hollow and working together on the construction of the Senior Center. Please feel free to call me if you should have any questions or require additional information. Your authorized signature on a copy of this Proposal will constitute a satisfactory Agreement between us for performance of these services. I Very truly yours, CHARLES A. MANGANARO CONSULTING ENGINEERS, P.C. Donato R. Pennella, P.E., Executive Vice President Attachment c: Mr. Sean E. McCarthy, BLA., Viftage Architect ACCEPTED BY: TITLE: I DATE: M:\PROPOSALS\P-l738VSH SEN.CtriP-1738VSHSeniorCenterL.wpd I �riv^;<j»wa';3^«?sn-.rg-j7tc'cra:^ue,'J'i-p;iCTwr<-traJw:inji:iTxr?iT'i: OTJCT-.aHKi-'ir.-i vnn\irxtzarTtras.v rmm-rvzanmv zv.-mtmr.ur-T.—;;nzr. 'vaitTrrr-r-r.ncrm'tin ~J>0* GENERAL CONDITIONS Client: Project: Proposal No.: Date: Village of Sleepy Hollow Senior Center - Foundations P - 1738 November 28, 2006 The cost of borings, test pits, flow metering, laboratory analysis, use of outside subconsultants, etc. shall be borne at direct cost by the Owner and paid directly by the Owner to the subconsultant(s) unless specifically included in the Proposal. Any coordination of subconsultants by CAMCE will be billed on a cost plus basis. The cost plus basis is defined as salary cost (which equals 1.45 times direct technical salary) times a multiplier of 2.0 which includes overhead, profit, clerical and telephone. Bills will be tendered monthly and are payable within 30 days thereof. All past due accounts will be subject to a 1 Vi% per month interest charge. Out-of-pocket expenses, unless specifically included in the proposal, will be billed at direct cost. Out-of-pocket expenses are defined as those direct expenses incurred relative to this project including, but not limited to, permit fees, computer time, travel, subsistence, postage, printing and reproduction. i Warranty and Liability j A. CAMCE warrants that its services are performed within the limits prescribed by its Clients with the usual competence, diligence and thoroughness of the profession in accordance with the standards for professional services at the time those services are rendered. No other warranty or representation, either implied or expressed, is inclu led or intended in its proposals, contracts or reports. B. The limits for Charles A. Manganaro Consulting Engineers, P.C. liability and environmental impairment liability as agreed upon with the Town. C. Increased liability limits may be negotiated at the client's written request, prior to the commencement of services, and agreement to pay an additional fee. D. CAMCE's liability shall be limited to injury or loss caused by the negligence of CAMCE. CAMCE has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant or otherwise dangerous substance or condition at the site, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The use of this document for soliciting of other bids is strictly prohibited without the written consent of Charles A. Manganaro Consulting Engineers. P.C. If the Owner wishes to use this document for the soliciting of bids or for any other purpose, payment for preparation of this proposal shall be negotiated between the Owner and the Engineer. Construction Observation If the Scope of Services for this Agreement includes construction observation services, then the following provisions shall apply: A. During the project construction phase, CAMCE shall consult with and advise Client and act as Client's represe :tative as provided in the Scope of Services. The extent and limitation of the duties, responsibilities and authority of CAMCE as outlined in the Scope of Services shall not be modified, except as CAMCE and Client may otherwise agree in writing. B. CAMCE's services during the construction phase are intended to provide Client a greater degree of confidence that the completed work of Contractor will conform in general to the approved plans and related documents. CAMCE shall not, during visits to the project site or as a result of observation of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall CAMCE have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. PaeeJ of--2 —if �^ rcwniactfxuKUfiBuijauttsiM Accordingly, CAMCE neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. If the Scope of Services for this Agreement includes Design services but does not include construction phase services, then the following provisions shall apply: A. It is understood and agreed that CAMCE's services under this Agreement do not include project observation or review of the Contractor's performance or any other construction phase services, and that the Client will provide such services. The Client assumes all responsibility for interpretation of die Contract Documents and for construction observation and supervision and waives any claims against CAMCE that may be in any way connected thereto. B. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold CAMCE harmless from any loss, claim or cost, including reasonable attorney's fees and cost of defense, arising or resulting from the pei/ormance nf such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to the design plans, reports, or any other documents produced by CAMCE. C. If the Client requests in writing that CAMCE provide any specific construction phase services and if CAMCE agrees in writing to provide such services, CAMCE shall be compensated in accordance with the written Agreement between the Client and CAMCE. Ownership and Reuse of Documents All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by CAMCE pursuant to this Agreement ("Documents") are arid remain the property of CAMCE as instruments of service with respect to this Agreement. The Documents are not intended or represented to be suitable for reuse by the Client or others on extensions of this project or on any other project. Any reuse of the Documents without the written approval by CAMCE will be at the Client's sole risk and without liability or legal exposure to CAMCE. The Client shall indemnify, defend and hold harmless CAMCE from and against any claims, damages and losses including attorneys fees and costs, arising out of or resulting therefrom. i ! CAMCE grants to the Client and only the Client a non-exclusive, non-assignable and non-transferable license to reproduce, distribute and display the Documents, to the extent necessary for the Client to undertake construction and/or perform other acts that are all collectively required to construct the project. CAMCE shall retain all common law, statutory and other reserved rights to the Documents, including the copyright thereto. Both the Client and CAMCE agree that none of the sendees or Documents provided by CAMCE are "work made for hire" as defined in the Copyright Act. 9. Opinions of Probable Cost In reviewing CAMCE's opinions of probable construction cost, the Client understands that CAMCE has n o control over costs or the price of labor, equipment or materials, or over the Construction cost, or over the Contractor's method of pricing, and that any opinions of probable construction costs provided by CAMCE are to be made based on CAMCE's qualifications and experience. CAMCE makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 10. Governing Law The laws of the State of New York will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the State or Federal Courts of New York. 11. Survival All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the completion of all services or CAMCE under this Agreement or the termination of this Agreement for any reason. ! I. Page 2 of 2 vitlto •9SMtr3MBaUHOMaiMa.W'Mi*»MltM,Ut J.-lBWlvMW^WWaiMfltJVIJ.VWfcttaaB^S^TBUijMWMaA^jJ I �Meeting Date: 12/19/06 Resolution #: 12/240/06 Be it resolved that the Board of Trustees does hereby approve the attached budget transfers as submitted by the Village Treasurer. Moved: Trustee Grala Seconded: Trustee Morales Vote: Unanimous �(*o> 73 CD CA 2. 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CO 3 QQ < CO •o c o o a> I CO £ CD C a. o a. 2 CD o 2 c c (0 "5J </i S> o c 'J,—„ CO en •o 3 CO CO JC 4-» •D CD CO > > o S "5 (0 CO I �I s cr o T3 3 QQ Q 9 CQ CD n 3 CQ o> zo h- < u ^ V* u. 3 m _c OH (0 0) Seconded: ove are a|ppro 10,000.00 ger: •d o > ed: note c olved that the budget transfers/amendme nts udget Amendments: ere ase/Decrease Budget Line I umber 9 TINGENCY FUND < A5110.4999 CENTRAL GARAGE h- 90.4G00 mou o Transfer To: <c 8> isfer From: 3 reas als: > ^ Appropriation Line Nurr CO k: get Transfers: 0 >0) 15 U) h- o CO CO Transfers/A mendm e/7/s; tiSTREETMAI NTENA A/CE >epy Hollow rC dget ran fer s/Amendme ear 2006-2007 s-™ get lution #: Vil CO aydd I eet ng Date: G>\°[ I ci> > o xt re "O CO re :> & O �Meeting Date: Resolution #: 12/19/06 12/241/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Mayor to Execute CBIZ Valuation Group, LLC To Provide Capital Asset Update Services WHEREAS, as part of the annual audit, the Village must provide a fixed asset report for the Auditors as per GASB 34 (Government Accounting Standards Board) regulation for depreciating the Village's fixed assets for financial reporting purposes; and WHEREAS, the Village Treasurer has received the attached proposal from CBIZ Valuation Group, LLC, W 156 N11345 Pilgrim Road, Germantown, WI 53022 to provide capital asset update services for the 2006 year at a fee of $1,650.00 for the update service, $175 per roll of Barcode Tags and $100 per hour if supplemental consulting services are needed. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute the attached proposal provided by CBIZ Valuation Group, LLC and to take such other steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Morales Seconded: Trustee Murray Vote: Unanimous �CBIZ Valuation Group, LLC PRIVILEGED AND C O N F I D E N T I A L December 18, 2006 Diane L Jacobson Treasurer Village of Sleepy Hollow 28 Beckman Avenue Sleepy Hollow, NY 10591 Dear Ms. Jacobson: Pursuant to your request, CBIZ Valuation Group, LLC ("CVG") is pleased to submit our proposal to provide capital asset update services for the Village of Sleepy Hollow ("Village"). As your consultant, our primary focus is to make your business easier! As you review this proposal we encourage you to consider the following advantages CVG offers: • Customer Service: Our consulting team will work diligently to ensure that your service experience is second to none. We have built our practice on providing timely, personal, professional services and look forward to extending that commitment to you. • Customized Services: We understand that your property valuation and supplemental property underwriting data collection needs are unique. We have proposed a service that can assist in addressing the increased reporting requirements of today's marketplace. • Experience: CVG has been providing property insurance valuation and supplemental underwriting data collection services for over 30 years. We will professionally manage all aspects of this program to ensure that we meet your expectations • Technical and Financial Resources: A business relationship with CVG offers a stable, long-term business partnership. We possess the financial and technical resources of CBIZ, Inc. ("CBIZ"), a $500 million, publicly-traded company. CORPORATE SUMMARY CVG is a full service, national consulting practice specializing in business and tangible asset valuation, financial advisory, litigation support services and supplemental property data collection services. Our ability to provide multi-discipline valuation and consulting services offers our clients both strategic and value added advantages. We have a dedicated professional staff located in offices throughout the United States. CVG is part of the CBIZ (NASDAQ:CBIZ) family of companies, one of the nation's leading providers of outsourced business services. We offer a wide range of highly regarded professional consulting services and high caliber business solutions. To learn more about CBIZ and the services we offer, please visit our website at www.cbiz.com. W156 N11345 Pilgrim Road « Germantown, Wl 53022 - Ph: 262-253-5509 CBIZ is the leading provider of integrated business services and products to Business America • • F: 262-253-5506 \ w w cbirvsluation com �&uk Village of Sleepy Hollow December 18, 2006 Paqe2 UPDATE SERVICES CVG offers a variety of capital asset update service options that are designed to provide our clients with flexible and cost effective solutions for keeping their capital asset inventory records current as well as maintaining accurate insurable values. I The updating options offered by CVG include: • • • Electronic Update Service Limited On-Site Update Service Comprehensive Re-inventory Service More information on each of these services is as follows: Electronic Update Service Under this option CVG will provide a preformatted Excel template that will allow you (or other staff) to record all current year capital asset activity (additions & disposals). After the year's changes have been recorded the updated file can be e-mailed directly to CVG for review & processing. Upon receiving the data, CVG will conduct a high-level quality control and consistency review to ensure that the data provided appears to be reasonable. In the event that the data does not pass our quality control and consistency review, CVG will contact you to review our findings determine an appropriate solution. If the data is deemed acceptable, CVG will process the changes, update depreciation and trend all insurable values. Assuming the data has passed CVG's quality review process CVG will deliver draft updated capital asset reports within 30 days of receiving your changes. The draft reports will be forwarded electronically in a .PDF format for review. The draft reports will include the following: I • • • • Account Summary Report. Year-To-Date Depreciation Summary. Current Year Additions. Current Year Disposals. CVG will follow up on the draft reports and allow one round of revisions to the reports. Upon receiving authorization to proceed with issuing final reports, CVG will complete the report generation process and deliver the following reports as follows: Account Summary. Accounting Summary. Year-To-Date Depreciation Summary. Current Year Additions Detail (PDF only). Current Year Disposals Detail (PDF only). Accounting Detail - By Location (PDF only). Accounting Detail - By Organization (PDF only). Note that all change requests made after the issuance of final reports are subject to CVG's standard labor rates. �Village of Sleepy Hollow December 18, 2006 Page 3 Limited On-Site Update Service Under this option a CBIZ representative will visit your entity annually and work with you to identify additions and disposals based on relevant documents and other records made available. This service is customized to address your individual requirements. Fees for this service are typically hourly plus expenses (outlined in our proposal). Benefits of this service include: • • • • • On-site review current year capital projects. On-site review of current year additions/disposals. Updated depreciation totals. Trending of insurable values. Proof of loss assistance (as needed). CVG will deliver draft reports within 45 days {provided the client supplied information is provided in a timely manner) of the completion of the on-site service. The draft reports will be forwarded electronically in a PDF format for review. The draft reports will include the following: • • • • Account Summary Report. Year-To-Date Depreciation Summary. Current Year Additions. Current Year Disposals. Upon acceptance of the draft reports by the client, (our fee includes one set of revisions to the draft reports) we will issue final reports that will include the following: • • • • » • • Account Summary. Accounting Summary. Year-To-Date Depreciation Summary. Current Year Additions Detail (PDF only). Current Year Disposals Detail (PDF only). Accounting Detail - By Location (PDF only). Accounting Detail - By Organization (PDF only). Please note that all change requests made after the issuance of final reports are subject to CVG's standard labor rates. �Village of Sleepy Hollow December 18,2006 Page 4 Comprehensive Re-inventory Service Under this option CBIZ will perform a physical re-inventory of all Village's capital assets at the Village's most recent capitalization threshold. This service includes a complete re-scan of existing capital assets, applying tags and recording untagged capital assets (additions), and providing a listing of capital assets not located during the inspection (potential disposals). I The benefits of this service include: Capturing transfers. Capturing unrecorded additions. Identifying unrecorded disposals. Ensuring barcode tags are applied to all applicable assets. On-site review current year capital projects. Updated depreciation totals. Trending of insurable values. Proof of loss assistance (as needed). CVG will deliver draft reports within 60 days of the completion of the on-site service, assuming that all required information is provided to CVG in a timely fashion. The draft reports will be forwarded electronically in a PDF format for review. Draft reports will include the following: • • • • Account Summary Report. Year-To-Date Depreciation Summary. Current Year Additions. Current Year Disposals. Upon acceptance of the draft reports by the client, (our fee includes one set of revisions to the draft reports) we will issue final reports that will include the following: I Account Summary. Accounting Summary. Year-To-Date Depreciation Summary. Current Year Additions Detail (PDF only). Current Year Disposals Detail (PDF only). Accounting Detail - By Location (PDF only). Accounting Detail - By Organization (PDF only). Please note that all change requests made after the issuance of final reports are subject to CVG's standard labor rates. �G,^ CBIZ* Village of Sleepy Hollow December 18, 2006 Page 5 CONCLUSION We appreciate the opportunity to submit this proposal and look forward to working with you on this engagement. We can assure you that we are committed to completing this project in an efficient and timely manner. Should you have any questions, please call me at (800) 800-7402, ext. 5350 or email me at racebal@cbiz.com. Respectfully submitted, CBIZ VALUATION GROUP, LLC. ^K- R.F. Acebal Director - Property Valuation Practice �Village of Sleepy Hollow December 18, 2006 Page 6 PROFESSIONAL CONSULTING FEES Below are the professional fees for the services outlined in this proposal. They are inclusive of travel and out-of-pocket expenses unless otherwise noted. You may indicate the acceptance of these fees by initialing the desired service offering, executing the signature block and returning a copy of the agreement to the attention of the undersigned via fax at (262) 253-5506. Update Services Electronic Update Service $1650 Limited On-Site Update Service Fee Upon Request Comprehensive Re-inventory Service Fee Upon Request Optional Services Barcode Tags $175 per roll of 1,000 Supplemental Consulting Services (as needed)* $110 per hour *AII applicable travel & living expenses will be billed in addition to the hourly rate. CLIENT ACCEPTANCE I have read the terms of this agreement and hereby authorize this assignment as indicated in this letter. ACCEPTED this. _ day of. Client: By: Title: Please return the signature page to: CBIZ Valuation Group, LLC Kathy Jaeger W156 N11345 Pilgrim Road Germantown, Wl 53022 Fax: 262-253-5506 2006 �(c^ I TERMS APPENDIX A AND CONDITIONS I I �£J 8 APPENDIX A: TERMS AND CONDITIONS PAGE A-1 TERMS AND CONDITIONS The terms and conditions of this engagement with CBIZ Valuation Group, LLC ("CBIZ") are subject to and governed by the following Terms and Conditions and other terms, assumptions and conditions contained in the engagement letter. INDEMNIFICATION The Village of Sleepy Hollow "Company" shall indemnify and hold harmless CBIZ and its personnel from and against any causes of action, damages (whether compensatory, consequential, special, indirect, incidental, punitive, exemplary, or of any other type or nature), costs and expenses (including, without limitation, reasonable attorneys' fees and the reasonable time and expenses of CBIZ's personnel involved) brought against or involving CBIZ at any time and in any way arising out of or relating to CBIZ's services under this engagement, except to the extent judicially determined to have resulted from the bad faith, gross negligence, or willful or intentional misconduct of CBIZ's personnel. This provision shall survive the termination of this agreement for any reason, and shall apply to the fullest extent of the law, wnether in contract, tort, or otherwise. INDEMNIFICATION PROCEDURES If any action or proceeding (any of the foregoing being a "Claim") is threatened or commenced by any third party against CBIZ that Company is obligated to defend or indemnify under this Agreement, then written notice thereof shall be given to Company as promptly as practicable. After such notice and only so long as CBIZ's and the Company's interests with respect to the claim remain consistent, no conflict exists, and, by the Company's control of the defense, CBIZ's insurance is not voided or otherwise compromised in any way, Company shall be entitled, if it so elects in writing within ten days after receipt of such notice, to take control of the defense and investigation of such Claim and to employ and engage attorneys to handle and defend the same, at Company's sole cost and expense, with the approval of CBIZ, which approval shall not be unreasonably withheld. CBIZ shall cooperate in all reasonable respects with Company and its attorneys in the investigation, trial and defense of such Claim and any appeal arising therefrom; provided, however, that CBIZ may, at its own cost and expense, participate, through its attorneys or otherwise, in such investigation, trial and defense of such Claim and any appeal arising therefrom. Company shall enter into no settlement of a Claim that involves a remedy other than the payment of money by Company without the prior consent of CBIZ. After notice by Company to CBIZ of its election to assume full control of the defense of any such Claim, and CBIZ's approval of selected counsel, Company shall not be liable to CBIZ for any legal expenses incurred thereafter by CBIZ in connection with the defense of that Claim. If Company does not assume full control over the defense of a Claim, then Company may participate in such defense, at its sole cost and expense, and CBIZ shall have the right to defend the Claim in such manner as it may deem appropriate, at the cost and expense of Company. �APPENDIX A: TERMS AND CONDITIONS PAGE A-2 LIMITATION ON DAMAGES The Company agrees that CB!Z officers, directors, employees, agents, and parent, subsidiary or related entities shall not be liable to the Company for any claims, liabilities, causes of action, losses, damages (whether compensatory, consequential, special, indirect, incidental, punitive, exemplary, or of any other type or nature), costs and expenses (including, but not limited to attorneys' fees) in any way arising out of this engagement in any amount greater than the total amount of fees paid by the Company to CBIZ, except to the extent finally and judicially determined to have been the result of bad faith, gross negligence, or intentional or willful misconduct of CBIZ. This provision shall survive the termination of this agreement for any reason, and shall apply to the fullest extent of the law, whether in contract, statute, tort, or otherwise. LIMITATION ON DISTRIBUTION AND U S E The report, the final estimate of value, and the prospective financial analyses included therein are intended solely for the information of the person or persons to whom they are addressed and solely for the purposes stated; they should not be relied upon for any other purpose, and no party other than the Company may rely on them for any purpose whatsoever. Neither the valuation report, its contents, nor any reference to the appraiser or CBIZ may be referred to or quoted in any registration statement, prospectus, offering memorandum, sales brochure, other appraisal, loan or other agreement or document given to third parties without our prior written consent. In addition, except as set forth in the report, our analysis and report are not intended for general circulation or publication, nor are they to be reproduced or distributed to third parties without our prior written consent; provided, however, that if CBIZ fails to inform the Company whether CBIZ will provide such consent within five (5) business days after receiving the Company's request thereof, then CBIZ's consent shall be deemed conclusively to have been provided without any further action by the Company or CBIZ. As required by new U.S. Treasury rules, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this letter, including attachments, is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service. N O T A FAIRNESS OPINION Neither our opinion nor our report are to be construed as an opinion of the fairness of an actual or proposed transaction, a solvency opinion, or an investment recommendation, but, instead, are the expression of our determination of the fair value between a hypothetical willing buyer and a hypothetical willing seller in an assumed transaction on an assumed valuation date where both the buyer and the seller have reasonable knowledge of the relevant facts. �APPENDIX A: TERMS AND CONDITIONS PAGE A-3 OPERATIONAL ASSUMPTIONS Unless stated otherwise, our analysis (i) assumes that, as of the valuation date, the Company and its assets will continue to operate as configured as a going concern, (ii) is based on the past, present and future projected financial condition of the Company and its assets as of the valuation date, and (iii) assumes that the Company has no undisclosed real or contingent assets or liabilities, other than in the ordinary course of business, that would have a material effect on our analysis. COMPETENT MANAGEMENT ASSUMED It should be specifically noted that the valuation assumes the property will be competently managed and maintained over the expected period of ownership. This appraisal engagement does not entail an evaluation of management's effectiveness, nor are we responsible for future marketing efforts and other management or ownership actions upon which actual results will depend. No OBLIGATION TO PROVIDE SERVICES A F T E R COMPLETION Valuation assignments are accepted with the understanding that there is no obligation to furnish services after completion of this engagement. If the need for subsequent services related to a valuation assignment (e.g., including testimony, preparation for testimony, other activity compelled by legal process, updates, conferences, reprint or copy services, document production or interrogatory response preparation, whether by request of the Company or by subpoena or other legal process initiated by a party other than the Company) is requested, special arrangements for such services acceptable to CBIZ must be made in advance. CBIZ reserves the right to make adjustments to the analysis, opinion and conclusion set forth in the report as we deem reasonably necessary based upon consideration of additional or more reliable data that may become available. No OPINION IS RENDERED AS TO L E G A L FEE OR PROPERTY TITLE No opinion is rendered as to legal fee or property title. No opinion is intended in matters that require legal, engineering or other professional advice that has been or will be obtained from professional sources. LIENS AND ENCUMBRANCES We will give no consideration to liens or encumbrances except as specifically stated. We will assume that all required licenses and permits are in full force and effect, and we make no independent on-site tests to identify the presence of any potential environmental risks. We assume no responsibility for the acceptability of the valuation approaches used in our report as legal evidence in any particular court or jurisdiction. �APPENDIX A: TERMS AND CONDITIONS PAGE A-4 INFORMATION PROVIDED BY OTHERS Information furnished by others is presumed to be reliable; no responsibility, whether legal or otherwise, is assumed for its accuracy and cannot be guaranteed as being certain. All financial data, operating histories and other data relating to income and expenses attributed to the business have been provided by management or its representatives and have been accepted without further verification except as specifically stated in the report. PROSPECTIVE FINANCIAL INFORMATION Valuation reports may contain prospective financial information, estimates or opinions that represent reasonable expectations at a particular point in time, but such information, estimates or opinions are not offered as forecasts, prospective financial statements or opinions, predictions or as assurances that a particular level of income or profit will be achieved, that events will occur or that a particular price will be offered or accepted. Actual results achieved during the period covered by our prospective financial analysis will vary from those described in our report, and the variations may be material. Any use of management's projections or forecasts in our analysis will not constitute an examination, review or compilation of prospective financial statements in accordance with standards established by the American Institute of Certified Public Accountants (AICPA). We will not express an opinion or any other form of assurance on the reasonableness of the underlying assumptions or whether any of the prospective financial statements, if used, are presented in conformity with AICPA presentation guidelines. GOVERNING L A W This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflicts of law principles. The parties hereby irrevocably submit to the jurisdiction of the federal or state courts in the State of Ohio, specifically and exclusively in the Cuyahoga County Court of Common Pleas or the Federal District Court for the Northern District of Ohio, over any dispute or proceeding arising out of this Agreement and agree that all claims in respect of such dispute or proceeding shall be heard and determined in such court. The parties to this Agreement hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection that they may have to the venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. �Dec-19-06 II :01am From-GalHBB,Gruner,PonzIni&NovIck,LLP. Meeting Date: Resolution #: +914 288 0850 T-562 P.003/003 F-063 J2/19./06 12/242/06 RESOLUTION FOR A PUBLIC HEARING TO ADD THE FOLLOWING PROVISION TO CHAPTER 57-18 OF THE GENERAL CODE OF THE VILLAGE OF SLEEP HOLLOW ENTITLED "PARKING PROHIBITED' I WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") has regulated and continues to regulate parking pursuant to Chapter 57 of its General Code, and WHEREAS, Sleepy Hoiiow has requested its Chief of Police to review that local laws and provide recommendations to regulate parking along that section of Continental Street westerly from the northwestern corner of the intersection of Pleasant Street and Continental, and WHEREAS, Sleepy Hollow is in receipt of those recommendations and a public hearing is required to consider their adoption, NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow calls for a public hearing to be held on January 9, 2006 at 8:00 p.m. at Village Hall, 28 Beekrnan Avenue, Sleepy Hollow, New York to consider the proposed modifications of Chapter 57-18 "Parking Prohibited" to provide for the prohibition of parking for a distance of one hundred thirty (130) feet westerly from the northwesterly comer of the intersection of Pleasant Street and Continental Street, measured along the northern side of Continental Street. Moved: Trustee Murray I 1 ADDENDUM: Seconded: Trustee DiFellce Vote: Unanimous Because of scheduling conflicts, the Village Board was polled by the Mayor and it was decided that the hearing should be noticed for 7:00 pm. & 3 2 - �Meeting Date: 12/19/06 Resolution*: 12/243/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Awarding Towing License January 1 , 2007 through December 3 1 , 2007 WHEREAS, the Police Chief, having reviewed and verified the information contained in the Village of Sleepy Hollow Towing Application has recommended that Stiloski's Automotive be awarded the Village of Sleepy Hollow towing license subject to the conditions set forth in the Towing Application. NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees hereby awards Stiloski Automotive the towing license for the period of 01Jan07 to 31 Dec07. Moved: Trustee s P°ta Seconded: Trustee caposseia Vote: � 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_2006-12-19 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