https://sleepyhollow.localarchives.org/files/original/29a3edd9b22bb80b36bbc86803124185.pdf b238dde7dcc76a1b82128dff1c2f9b0c PDF Text Text nn A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, June 19, 2007, at 8:10 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: I Mayor Philip E. Zegarelli Mario DiFelice Maria Rose DeMilia Kay Brown Grala Sandra Morales Andrew Murray Kenneth Wray, Trustees Also Present: Dwight Douglas, Village Administrator Robert J. Ponzini, Village Attorney Diane Jacobson, Village Treasurer Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. Mayor Zegarelli called for a moment of silence for Wayne Revell of Totally Wired who passed away suddenly at the age of 39. Approval of Minutes Trust DiFelice moved, seconded by Trustee DeMilia-Powers to approve the minutes of April 24, 2007, motion carried 7-0. I Trustee DeMilia-Powers moved, seconded by Trustee Murray to approve the minutes of May 22, 2007, motion carried 7-0. Trustee Murray moved, seconded by Trustee Grala to approve the minutes of June 5, 2007, motion carried 7-0. Approval of Warrant Trustee Grala moved, seconded by Trustee DeMilia-Powers to approve the warrant of June 19, 2007, subject to review and signatures of department heads and review and signatures of the Village Treasurer and Mayor, motion carried 7-0. The warrants were approved: batch # 1 5 8 7 in the amount of $219,310.22, May31C in the amount of $110,822.04, and May31B in the amount of $88,439.32 for a total of $418,571.58. 1 �Mayor s Announcements Mayor Zegarelli read a letter from Acting Justice Farella wherein he tendered his resignation effective close of business July 6, 2007. Trustee DeMilia-Powers moved and Trustee Wray seconded acceptance of resignation with thanks and effective July 7, 2007, Alphonse M. Naclerio is re-appointed as Acting Village Justice. Carried. Public Comments Don Caetano of 4 3 Lawrence Avenue requested the Mayor to read a unsigned letter written to the Board dated on or about May 2 1 s t , 2007. After much discussion, Mr. Caetano was advised that it is Board policy to not read unsigned letters. Trustee Reports — Trustee DiFelice reported that the Public Safety Committee interviewed the candidates for the Police Department on May 29 t h and that all candidates are attending agility classes. The Committee has recommended the hiring of James Nabors of 515 Benedict Avenue, Tarrytown, NY, James Cassini of 118 Gordon Avenue, Sleepy Hollow, NY, and Wendy Brand of 126 Valley Street, Sleepy Hollow, NY. Candidates Nabors and Brand are scheduled to attend Westchester Police Academy; Candidate Cassini works for SUNY Purchase and has his certifications and will not need to attend the Academy. Trustee DeMilia-Powers reported that the Administration Committee is trying to set a meeting to discuss Teamster issues regarding vacation carryover. Trustee Murray reported some highlights from Finance Department: upgrade to new Munis software is now complete; salary increase accruals are complete for new fiscal year; parking permit renewals are in process; utility billing is in process; and so far over $1 million in taxes for 2 0 0 7 / 0 8 have been collected. Approximately $130,000 in taxes prior to 2006 has been collected. Trustee Grala reported that she met with the Library and they are moving ahead with a lot of their work. Karen Rubinstein has asked to address the Board in July to bring them up to date. Trustee Grala reported the Public Works Committee met with Joe DeFeo to interview the part time workers for full time work. The committee made a recommendation to make the three workers full time. Trustee Grala then read the Public Works report which is attached hereto. Trustee Grala also reported that they are moving ahead with Verizon at a slow pace. �Trustee Morales reported that the Tarrytown/Sleepy Hollow Summer Camp will be starting on June 25 t h . There are 140 children registered and they are still taking registrations. Trustee Wray reported on Parks — attached hereto. Administrator Report - The Administrator reported that donations for the Day Camp have been good and that $2,400 has been received to date (see attachment). Mr. Douglas reported that he met with representatives of Westchester County and that we are getting to the point where we will be putting applications together for the next 3 year CDBG cycle. They are planning to come out in the fall to tour with us areas or projects that would be worthy of funding. These would relate mainly to infrastructure improvement type projects, parks, streetscapes and a broader range of projects. Ideas should be given to the Administrator. Mr. Douglas reported that Horan's Landing is open to walk through. The public is reminded that boat launching is restricted to car top boats such as canoes and kayaks. Mr. Douglas advised that he will be attending the Westchester County Flood Management Summit relating to the flooding problems in the County. Purpose of meeting is to see what can be done and identify resources and opportunities to get the work done. Mayor's Report - The Mayor reported on the bequest of Kathryn Wasserman Davis who is a resident of Tarrytown of $20 million to Scenic Hudson for Hudson River Preservation and that monies will be allocated for the renovation of the bathhouse and construction of the pedestrian ramp overpass to the east parcel of Devries Park. The Mayor read ConEdison turn off notices for 1 Riverside Drive and 72 Beekman Avenue. The Mayor read a letter from Sleepy Hollow Ambulance Corps dated May 1 , 2007 advising of new members passing driver training for Ambulances 13, 18 and fly cars: Christy Percopo, William Hew and John Romero and are allowed to sign the clerk's logbook. Moved: Trustee DiFelice; Seconded: Trustee DeMilia-Powers. Carried: unanimous to approve appointments. The Mayor read a letter from Sleepy Hollow Ambulance Corps dated May 1 , 2007 of applicants who passed background investigation: Erin Collins of 146 Webber Avenue, Christy Percopo of 32 Ft. Washington Avenue, Hawthorne, Erin Holly of 221 Washington Street, Elizabeth Brogan of 11 Francis Street, David Figueiredo of 132 Gordon Avenue, Heather Houston of 22 Maple Street, David Wu of 95 Beekman �\so Avenue, Michael Wu of Beekman Avenue, and Emily Prezzno of 8 Bank Street, Croton on Hudson. Moved: Trustee DeMilia-Powers; Seconded: Trustee Wray. Carried: unanimous to approve appointments. Mayor read letter from Public Employment Relations Board requesting data which has been assigned to Treasurer Diane Jacobson. Mayor reported on a letter from the NYSDEC relating to the Village's adoption of a flood damage protection law which must he adopted and submitted to them by September 28, 2007. Attorney Ponzini briefly reported to the Board. Mayor read a letter from Nicholas Rowe of Gordon Avenue about a tree. Mayor reported receipt of Building Department monthly report. Mayor briefly reported on the comments from NYCOM on the TIFS costs for clean up remediation at GM. Administrator Douglas advised the Mayor and Board that the senior center modular offices are slated to be moved on June 26, 2007. Mayor further advised that the rock crusher is on the GM east parcel t o clean up the site. Resolutions - Attached Old Business- None New Business — None Communications, Petitions and Requests The Deputy Village Clerk advised of an On-Premises Liquor License Application was filed for Godfather Restaurant, Inc, at 60 Clinton Street (copy forwarded to Police Chief Warren) and that an application to sell wine and beer at 196 Cortlandt Street has been received (copy forwarded to Police Chief Warren and Building Department). Public Comments Relating to Lighthouse Landing DEIS - Joel Sachs, Esq. briefly reported that lively discussions took place in the Columbia Hose Board Room where the consultants met with interested parties relating to the Draft Environmental Impact Statement. Issues raised and discussed related in part to the traffic mitigation and density. 4 I �Nicholas Robinson added that it was a very constructive and positive discussion. Village of Tarrytown Mayor Drew Fixell read a letter into the record (see attached letter dated June 19, 2007) relaying their concerns of the project. David Beddel, who resides at 122 Van Tassel Avenue spoke to the Mayor and Board with his disappointment relating to the Lighthouse Landing DEIS particularly to the density, restoration of the Pocantico River, impacts on Ichabod's Landing and all neighborhoods; and feels clean up of site is not adequate. Cynthia Sandler of the Sleepy Hollow Families for a Legendary Waterfront read a letter into the record (see attached letter dated June 19, 2007) relating their concerns of the project. Mark Fry, who resides at 41 Hudson Terrace, spoke about his concerns relating to the density and the mix in terms of tax generation; restoration of the Pocantico River and other concerns. Jeffrey Anzevino of Scenic Hudson read a statement into the record (see attached statement dated June 19, 2007) relating to their concerns of the project. There being no further business, Trustee Murray moved, seconded by Trustee DiFelice to adjourn to Executive Session at 9:55 p.m., carried. At 10:15 the Executive Session ended; the Board meeting was then adjourned with no further actions taken by the Board. Respectfully submitted, Sonja M. Goldstein-Suss Deputy Village Clerk G:\5onja\MINUTES OF BOT MEETING JUNE 19, 20O7.doc �7 sonja goldstein-suss From: granmalena2@aol.com Sent: Wednesday, June 20, 2007 10:00 AM To: sonja goldstein-suss Subject: Fwd: public works report PUBLIC WORKS REPORT JUNE 19,2007 PLEASE NOTE: WEDNESDAY, JULY 4TH IS A LEGAL HOLIDAY. THERE WILL BE NO RECYCLING ON THAT DAY. RECYCLING WILL T A K E PLACE ON THURSDAY ALONG WITH REGULAR THURSDAY GARBAGE PICK UP. ON NOTE ON RECYCLING!!!!! PLEASE DO NOT MIX CARDBOARD WITH PLASTIC AND GLASS COM1NGLE IN THE BLUE BIN!!!!! THAT IS PICKED UP SEPARATELY. THE VERY LARGE TREES THROUGHOUT THE VILLAGE WILL BE PRUNED AND DEAD BRANCHES REMOVED. POT HOLE REPAIRS ARE SCHEDULED FOR FRIDAYS. PLEASE CALL 366-5106 IF YOU HAVE A STREET LITE OUT IN FRONT OF YOUR PROPERTY. STUMPS FROM TREES THAT HAVE FALLEN ON THE SIDEWALKS IN THE VILLAGE WILL BE REMOVED AND SIDEWALKS WILL BE REPAIRED IF DAMAGE HAS OCCURRED. ALL THE BLACKTOP AND CONCRETE THAT WAS REMOVED DURING REPAIR WORK AND WAS STORED AT THE DPW YARD IS PN THE PROCESS OF BEING RECYCLED FOR USE BY THE DPW FOR ROAD REPAIRS. MULCH IS STILL AVAILABLE AT THE GM SITE FOR RESIDENTS OF SLEEPY HOLLOW BETWEEN T H E HOURS OF 8AM UNTIL 2PM. NEW WATER AND SEWER SERVICE IS BETNG INSTALLED AT THE NEW SENIOR CENTER. TWO NEW FIRE HYDRANTS WERE PWSTALLED. ONCE THE PURCHASE OF T H E NEW PAVER ARRIVES, WE WILL RESUME THE ROAD RESURFACING PROGRAM. THE VAC-ALL IS OUT CLEANING THE STORM DRAPW SYSTEM. 6/20/2007 �\S>3 Parks Report June 19, 2007 We are looking into building new rest rooms at Sykes Park. Stone work on the gazebo at Kingsland Point park is ongoing. I I I The play area in Douglas Park will be upgraded. �DONOR LIST SLEEPY HOLLOW SUMMER DAY CAMP SCHOLARSHIPS 2007 James H. Hahn Engineering Phelps Memorial Hospital Saccardi & Schiff, Inc. Mountco Construction and Development Corp. Precast Concrete Sales Co. Abbott & Price Inc. DeMilia & Honigman Ruscon Truck Service Keane & Beane Total Donations $2,400.00 �Meeting Date: Resolution #: 06/19/07 06/115/07 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Renewal of Insurance Program for the Fiscal Year 2008 WHEREAS, the Village requested and received a proposal from The Spain Agency utilizing the New York Municipal Insurance Reciprocating Program (general), New York Workers Compensation Alliance and the Hartford Company (disability) for a renewal for Fiscal Year 2008; and WHEREAS, the Mayor, Board of Trustees, Village Administrator and Treasurer have reviewed the renewal program provided by The Spain Agency and determined that the proposal of The Spain Agency should be accepted for Fiscal Year 2008. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow herein accepts the proposal of The Spain Agency and authorizes the Mayor to execute any and all documents necessary to effectuate the intent of this resolution. Moved: Trustee DiFelice Seconded: Trustee DeMilia Vote: Unanimous �eeting Date: esolutioti ir. 06/19/07 06/116/07 BOND RESOLUTION, DATED JUNE 19, 2007, AUTHORIZING THE ISSUANCE OF UP TO $65,200 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF FIRE-FIGHTING APPARATUS FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of fire-fighting apparatus for the Village, including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $65,200, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $65,200, pursuant to the Local Finance Law, in order to finance the costs of the acquisition of fire-fighting apparatus for the Village, including any preliminary and incidental costs related thereto (collectively, the "Project"). Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project will not exceed $65,200; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maximum maturity of the serial bonds authorized herein shall be in NHWYORK/57801 1 �1S"1 excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action'' for federal income tax puiposes to authorize the capital financing of such expenditure. Section 3. M It is hereby determined that the Project is an object or purpose, or of a class of object or purpose, as described in subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is twenty (20) years. The serial bonds authorized herein shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation • notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds arid all such bond 2 NEWYORk/57801 1 �anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Lav/, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in 3 NHWYORk/57801 1 �connection with environmental quality review relating to the Project (collectively, "environmental compliance proceedings"). the In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees o f the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations"), to finance the costs of the Project. The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any hinds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and 4 NFWYORK./57801 1 �effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and tennination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively 5 VEWYORK/57801 1 �\ evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney and such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. Tins bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: Trustee Murray Seconded: Trustee Grala Vote: Unanimous By r o l l c a l l : Mayor Z e g a r e l l i , Trustees D i F e l i c e , DeMilia-Powers, G r a l a , Murray, Morales, and Wray voted: Aye ?%!lfWYORK/578()l 1 I 6 c \ \ �Meeting Date: Resolution //: 06/19/07 06/117/07 BOND RESOLUTION, DATED JUNE 19, 2007, AUTHORIZING THE ISSUANCE OF UP TO $543,800 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION ANT) MAINTENANCE FOR THE VILLAGE, INCLUDING (I) A SANITATION TRUCK, (II) A LOADER, (III) AN AIR COMPRESSOR AND (IV) A STREET PAVER. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, hereby I determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of machinery and apparatus for construction and maintenance for the Village, including (i) a sanitation truck ($153,800), (ii) a loader ($102,800), (iii) an air compressor ($31,400) and (iv) a street paver ($255,800), including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $543,800, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $543,800, pursuant to the Local Finance Law, in order I to finance the costs of the acquisition of machinery and apparatus for construction and maintenance for the Village, including (i) a sanitation truck ($153,800), (ii) a loader ($102,800), (iii) an air compressor ($31,400) and (iv) a street paver ($255,800), including any preliminary and incidental costs related thereto (collectively, the "Project"). Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project will not exceed $543,800; (b) no money has NKWYORK/5 7824 1 I �\q3 heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maximum maturity of the serial bonds authorized herein shall be in «..,..„„„„•„,..«. ,„ „,„.«..»,»„ „. „ «. „ jB connection with the Project for which the proceeds of any obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax puiposes to authorize the capital financing of such expenditure. Section 3. It is hereby determined that the Project is an object or purpose, or of a class of object or purpose, as described in subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is fifteen (15) years. The serial bonds authorized herein shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 4. Subject to the terms and conditions of this bond resolution and the Local • Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The 2 NfIWYORK/57824 1 I �Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. 3 NEWYORK/57824 ] �Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings''). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations"), to finance the costs of the Project. The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project 4 M7WY0RK./57824 1 �financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement 5 KF\VYORK'5 7&24 1 �m made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed I I collectively by this paragraph and the Commitment shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney and such bond counsel or other qualified independent special counsel in detemiining whether a filing should be made. • Section 10. This bond resolution is subject to a pennissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a pennissive referendum may be submitted and filed with the Village Clerk. Moved: T r u s t e e Grala Seconded: T r u s t e e DeMilia-Powers Vote: 6-1-0 By r o l l c a l l : Mayor Z e g a r e l l i , T r u s t e e s D i F e l i c e , DeMilia-Powers, Murray, Grala and Morales v o t e d : y e s Trustee Wray v o t e d : no 6 NEWYORK./57824.1 I �Meeting Date: Resolution //: 06/19/07 06/118/07 BOND RESOLUTION, DATED JUNE 19, 2007, AUTHORIZING THE ISSUANCE OF UP TO $181,600 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF AN AMBULANCE FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of an ambulance for the Village, including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $181,600, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $181,600, pursuant to the Local Finance Law, in order to finance the costs of the acquisition of an ambulance for the Village, including any preliminary and incidental costs related thereto (collectively, the "Project"). Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project will not exceed $181,600; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maximum maturity of the serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in NFWYORK'57825 1 �connection with the Project for which the proceeds of any obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took, "official action" for federal income tax purposes to authorize the capital financing of such expenditure. Section 3. It is hereby determined that the Project is an object or purpose, or of a class of object or puipose, as described in subdivision 27-a of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is ten (10) years. The serial bonds authorized herein shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest 2 Ni:\VYORK/57825 1 �payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the 3 Nl \VYORK.'57825 1 �S0\ "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village • ^H that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations'"), to finance the costs of the Project. The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or • omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond 4 NT.WYORK/57825 1 I �resolution or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed 5 NFW YORK/57825 1 �o?03 collectively by this paragraph and the Commitment shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney and such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: T r u s t e e Murray Seconded: Trustee Grala Vote: Unanimous By r o l l c a l l : Mayor Z e g a r e l l i , T r u s t e s s D i F e l i c e , DeMilia-Powers, Murray, Grala, Morales and Wray v o t e d : yes 6 NEWYORk/57825 1 I �Meeting Date: Resolution//: 06/19/07 06/119/07 BOND RESOLUTION, DATED JUNE 19, 2007, AUTHORIZING THE ISSUANCE OF UP TO $127,200 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF VARIOUS PUBLIC PURPOSES IN AND FOR THE VILLAGE, INCLUDING (I) VARIOUS OFFICE AND POLICE EQUIPMENT, (II) THE RE-EVALUATION OF REAL PROPERTY, AND (III) VARIOUS MOTOR VEHICLES. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of various public purposes in and for the Village, including (i) various office and police equipment ($14,500), (ii) the re-evaluation of real property (SI3,200), and (iii) various motor vehicles ($99,500), including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $127,200, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of die issuance of such serial bonds, in the aggregate principal amount not to exceed $127,200, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes, or classes of objects or purposes, hereinafter described. Section 2. The specific objects or purposes, or classes of objects or purposes, to be financed pursuant to this bond resolution (collectively, die "Project"), the respective estimated maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or NEW YORK/5 7826 1 JOH �purposes, or classes of objects or purposes, pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition of various office and police equipment for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $39,500 for which $14,500 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The re-valuation of real property for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $13,200 for which $13,200 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 53 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (c) The acquisition of various motor vehicles for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $99,500 for which $99,500 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of 2 Nr\VYORK..'5782fi 1 �^0Q> probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and Section 3. H The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $152,200; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, except to the extent of Federal or State aid received by the Village, which shall reduce the principal amount of such serial bonds or bond anticipation notes pro tanto\ (d) the maturity of such serial bonds authorized herein shall not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize the capital financing of such expenditure. • Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the tenns, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes. NL-:\VYuRK/57826 1 I �are hereby delegated to the Village Treasurer, as the. chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the fonn prescribed by Section 81.00 of the Local Finance Law, in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, 4 N'FWYORK'57826 1 �#08 or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State •P Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations"), to finance the costs of the Project. The Village • covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject 5 NEWYORK/5782f. 1 I �the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the. Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain tenns of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of 6 NFWY0RK.O7826 1 �£10 the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village lor the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment shall be the Village's continuing disclosure agreement for puiposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney and such bond counsel or other qualified independent special counsel in determining whether a filing should be made. 7 NirWYORK/57826 ] 1 �Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: Trustee Grala Seconded: T r u s t e e Morales Vote: 5-2-0 By r o l l c a l l : Mayor Z e g a r e l l i , T r u s t e e s D i F e l i c e , Murray, Grala, Morales v o t e d : y T r u s t e e s DeMilia-Powers and Wray v o t e d : no NF-WYORK.'57826 1 �£\ZL Meeting Date: Resolution # : I 06/19/07 06/120/07 BE I T RESOLVED that the Board of Trustees does hereby confirm the Mayor's appointment of Amanda Purcell of 100 Marymount Avenue, Tarrytown, NY as a seasonal employee in the Treasurer's office beginning June 20, 2007 through August 31, 2007 at an hourly rate of $13.50. Moved: Trustee Morales I I Seconded: Trustee DeFelice Vote: Unanimous �Meeting Date: 06/19/07 Resolution #: 06/121/07 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the following part time laborers to the position of full time laborers in the Public Works Department effective June 20, 2007at an annual salary of $45,453.05 for eighteen (18) months which is 85% of total salary of $53,474.18. Eduardo Roncancio 43 Rosemont Blvd. White Plains, NY 10607 Jose Grullon 11 Cedar St. Sleepy Hollow, NY 10591 Chuck DePaolo 95 Beekman Ave. Sleepy Hollow, NY Said appointments are subject to the approval of Westchester County Department of Human Resources and a probationary period of twelve to fifty-two weeks MovediTrustee Murray Seconded;Trustee Morales VoteiUnanimous Meeting Date: 06/19/07 Resolution #: 06/122/07 Be it resolved that the Board of Trustees does hereby approve the Mayor's appointment of the following seasonal laborers at $11.00 per hour effective June 20, 2007 through August 31, 2007. Fernando Ledesma 135 Depeyster St. Sleepy Hollow, NY 10591 Justin Best 107 Cortlandt St. Sleepy Hollowj NY 10591 Robert Higle 70 Sheldon Avenue, Tarrytown, NY 10591 Moved: Trustee DeMilia Seconded:Trustee Morales VoteiUnanimous �PH Meeting Date: 06/19/07 Resolution #: 06/123/07 After being reviewed by the Public Works Committee, that the following budget items be approved for purchase, now therefore, be it resolved that the Board of Trustees does hereby approve these purchases: I Trail mounted compressor Wheel loader Sanitation Truck Water Meters, devices, etc. $21,368.20 (state bid)$124,425.21 (state bid) $187,849.20 (state bid) $22,774.07 (these are specific meters to integrate with O u r existing system) Moved:Trustee Grala Seconded:Trustee Morales Vote:6-l Roll Call: Trustees Morales, DeFelice, Murray, G r a l a and DeMilia voted YES. Mayor Zegarelli voted YES. Trustee W r a y voted NO. I I �IS Meeting Date: Resolution #: 06/19/07 06/124/07 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Sleepy Hollow Family Fun Day at Rev. Sykes Park RESOLVED, that the Village of Sleepy Hollow approves the request of Wendell Brand, Sr. to hold Sleepy Hollow Family Fun Day at Rev. Sykes Park on August 27, 2007, between the hours of 2:00 p.m. and 9:00 p.m.; and it is further RESOLVED, that the Village of Sleepy Hollow hereby appropriates an amount to be determined in total for the Sleepy Hollow Family Fun Day event for August 27, 2007. Moved: Trustee Morales Seconded: Trustee DeMilia-Powers Vote: Unanimous �Meeting Date: Resolution #: I 06/19/07 06/125/07 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Rock of Salvation Church To Use Rev. Sykes Park WHEREAS, the Rock of Salvation Church has requested the use of Rev. Sykes Park on August 17, 2007 to hold its Rock the Block 2007 event. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees hereby approves the use of Rev. Sykes Park on August 17, 2007 for its Rock the Block 2007 event not to exceed 8:30 p.m. Moved by: Trustee Morales I Seconded by: Trustee Murray Vote: Unanimous �.J2&£i5Z2Jaai—C04-3*- -^Ttf&3T2343 —RGSeMdRCff an i^s-- 6? &3><>k> ?=ife* 'c^^^Bi^Storx^ One Mission, One. Purpose, One People., .Fulfilling the Vision I April 6, 2007 Dear Mayor and Board Members: Greetings from the Rock of Salvation Church. We would like to request the use of trie Rev. Sykes Park for our annual Rock The Block celebration. This year the event is scheduled to take place on August 17, 2007. Due to great support such as yours, last year Rock The Block was a huge success! We had at least 700 people from the Sleepy Hollow area and surrounding areas attend this great event. The use of the park will assure us that we have a large enough space to host this event for our community. We would like to use the front and south parking area. We would like to thank you in advance for your consideration and also thank you for your continued support through out the past years. I Sincerely, Rev. Ricardo Vargas Multicultural Ministry Pastor Rock of Salvation Church R<xk c.t S a h a i i o n Church 1 ?. I (.'orilandi Street Phone; (014) (i5U-20()4 Fax: (Ml 4) 153 1 Wl:\ Sleepy Hollow. NY 10591 www.ro5vchurch.com I �£l\% Meeting Date: Resolution #: I 06/19/07 06/126/07 BE IT RESOLVED that the Board of Trustees hereby authorize the Village Justice Court to apply to the State of New York Unified Court System for participation in the Justice Court Assistance Program for 2007. Moved: Trustee DiFelice I I Seconded: Trustee Murray Vote: Unanimous �Meeting Date: Resolution # : 06/19/07 06/127/07 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Establishes Special Session to Review Draft Environmental Findings for the Lighthouse Landing Project BE I T RESOLVED that the Mayor and Board of Trustees herein establishes a Special Session on June 26, 2007 at 7:00 p.m. to continue the review of the Draft Environmental Findings for the Lighthouse Landing project and possible adoption of Environmental Findings Statement. Moved: Trustee Graia Seconded: Trustee Murray Vote: Unanimous �Meeting Date: Resolution #: I 06/19/07 06/128/07 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Payment of Invoice for Rescue Hose Wet Down RESOLVED, that payment of the invoice submitted by ASI Sportswear dated April 23, 2007 in the balance amount of $1,432.80 for the Rescue Hose Wet Down held on Saturday, May 19, 2007, is hereby approved for payment. Moved: Trustee: DiFelice I I Seconded: Trustee DeMilia-Powers Vote: Unanimous �Meeting Date: Resolution #: 06/19/07 06/129/07 RESOLUTION CONFIRMING THE EXECUTION OF THE NEW YORK POWER AUTHORITY SUPPLEMENTAL AGREEMET WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow")'purchases as its sole source of energy, all electric power from the New York Power Authority ("NYPA); and WHEREAS, the NYPA has continued to provide electric power at a competitive rate significantly lower than any other available power source; and WHEREAS, the NYPA has forwarded to Sleepy Hollow a supplement agreement to provide for the continued sale of power to Sleepy Hollow; and • WHEREAS, this Agreement has been reviewed by village counsel with respect to legality and form; NOW THEREFORE BE IT RESOLVED, that the action of the Mayor in executing this supplemental agreement is hereby confirmed and this agreement shall be in full force and effect. Moved: T r u s t e e Murray Seconded: Trustee DeMiliaPowers V o t e : Unanimo �e>-^o^c7--- TARRYTOWN-ON-HUDSON 21 Wildey Street, Tarrytown, New York 10591 -3199 Mayor VILLAGE ADMINISTRA TOR 914-631-1885 VILLAGE TREASURER 914-631-7873 VILLAGE CLERK 914-631-1652 VILLA GE ENGINEER 914-631-3668 DEFT. OF PUBLIC WORKS 914-631-0356 DRHW'FIXII-LL Deputy Mayor I NOMAS "I BASJ1T.R I Trustees 'I NOMAS BUI'LIIR l<( )HI;RT 1IOYT MARY McCiFH P B K I ' A McCiOVF.RN DOUCil.ASZOLLO FAX NO. 914-631-1571 June 19,2007 Mayor and Board of Trustees Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 RE: Lighthouse Landing at Sleepy Hollow, NY Dear Mayor and Trustees: I We have reviewed the proposed Findings Statement for the Lighthouse Landing project within the Village of Sleepy Hollow. As you know, we had testified at the public hearing on the Final Environmental Impact Statement (FEIS) for the proposed project and had submitted a letter to you summarizing our comments, dated February 1, 2007. In those comments we asked that a Supplemental FEIS be done to compare the proposed project with a lower density alternative of 800 residential units and 90,000 square feet of commercial space or another combination of uses that would reduce traffic impacts by approximately 50% when compared to the original DEIS submission. This request was based upon an evaluation by John Canning of Adler Associates that traffic could not be adequately mitigated without such a reduction in density. Such a reduction is similar to comments by Scenic Hudson which has stated that "The developer needs to reduce the total number of units to 800 units to reduce traffic woes." We had anticipated that the proposed Findings would contain traffic information including projected levels of service (LOS) for the studied intersections using the lower density alternatives described above. We believe this would substantially eliminate the need for removing parking spaces on Route 9 to mitigate traffic impacts as well as improving LOS at a number of intersections. Without this information we believe that Sleepy Hollow has a defective process under the State Environmental Quality Review (SEQR). At the end of the day, after all the hearings and notices and after 120 pages of Findings, your Board and ours must make the following SEQR Findings as required by 617.11(d)(5): Tanytown I Uses Recycled Paper �z> Page 2 Lighthouse Landing at Sleepy Hollow, NY "certify that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable." We believe that you have not met the obligation set out by the above finding. Your own Planning Board Chairman, the Village of Tarrytown, Scenic Hudson and others have called for a meaningful analysis of a smaller build alternative. This analysis did not appear in the FEIS and does not appear in the proposed Findings. In essence you have not provided "the reasonable alternatives available." Further, the action proposed suggests avoiding adverse environmental impacts by proposing mitigation measures that harm neighborhood character (e.g. elimination of on-street parking that we have previously testified is unacceptable to the Village of Tarrytown.) The attempt in the Findings Statement to provide a bond or other security for the fair share cost of replacement parking with a five-year sunset is not meaningful mitigation. It is mitigation that is simply not acceptable as we have previously stated. The Village of Tarrytown cannot make such findings as we believe the mitigation is harmful and not beneficial. 1. Harm to Merchants. This will eliminate some short term parking serving the retail stores of our Village. The retail district is already suffering from a severe parking shortage that would only be exacerbated by these measures. 2. Harm to Pedestrian Environment. It is an established fact that on-street parking buffers the pedestrian from traffic. Eliminating it will change the fabric of the Village and harm the pedestrian environment. As a result of the above, we would again ask that the Village of Sleepy Hollow undertake an actual evaluation of the lower density alternative that has been consistently asked for. Without this evaluation we believe that you cannot meet the requirements of 617.11 (d)(5). As a final note, we also again ask that the Village of Sleepy Hollow include the requirement that town homes be treated as single-family homes for the purpose of assessing school taxes, as was done by the Village of Tarrytown with the Ferry Landings development. This provision would ensure that lower density alternatives will not generate negative financial impacts for the Public Schools of the Tarrytowns, and would generally bring substantial financial benefits to the district. )rew DF:dsb �P^W June 19,2007 Sleepy Hollow Families for a Legendary Waterfront 139 Palmer Avenue Sleepy Hollow, "New York 10591 (914)366-8871 Mayor Zegarelli and the Board of Trustees Village of Sleepy Hollow Sleepy Hollow, New York 10591 Dear Mayor Zegarelli and the Board of Trustees: Thank you once again for your tireless efforts throughout this massive undertaking. We appreciate the continued opportunity to share our ideas and concerns. On behalf of the citizens comprising Sleepy Hollow Families for a Legendary Waterfront, I would like to state our dissatisfaction with the current Draft SEQRA Findings. It falls short on many levels and has not addressed the concerns about which we have repeatedly spoken and written. I will briefly delineate five points that we request be added to the next revision of the Findings. 1. Clean-up of Site: a. We believe that 100% of site cleanup should be removed via rail, instead of the proposed 75%. The Beekman Avenue corridor is much too populated an area to transport 2 5 % of potentially hazardous waste. If a circumstance should arise whereby an alternate to rail is necessary, a variance could be submitted to the Mayor and the Board of Trustees for approval. b. We insist that the demarcation barrier be placed under the entire site, including roads and buildings. We must be prudent enough to predict that at some point in the future, roads will be dug into and buildings will be removed or altered, thereby exposing contaminated fill. 2. Trees: On every visual we have received from Roseland, we have been impressed by the shady, mature trees that line the streets. However, the plans for growing these trees are non-existent in the current Findings. Trees in recessed pots are not acceptable. Also, we refuse to be limited to the size and type of trees at Lighthouse landing due to improper planning. In advance, and as part of a comprehensive site plan, we ask you to hire an urban arborist study the width and depth of tree vaults that would be appropriate for eventual large, mature trees, and then incorporate those measurements into the Findings. �& ^ 3. Traffic: a. We are in favor of mitigating current traffic situations to ease predicted traffic problems. However, that is not enough. This is the moment to be creative, innovative and futuristic. We demand a detailed and thorough transit system that may include a shuttle tram next to the railroad, people movers, zero-emission shuttles within the development, designated bike and pedestrian walking paths etc. In order to make sure that this plan is actually executed, we ask you to require benchmark review points. For example, once 800 units are constructed, no more will be built until this transit system is in place. b. In addition, no cars, busses or trams should ever go through Kingsland Point Park or Philipse Manor to link with the Philipse Manor Train Station. Currently, on page 85 and on 93, the Findings states, "Lighthouse Landing would provide shuttle service for project residents and employees to the nearby Tarrytown or Philipse Manor train stations." People should only be able to access the Philipse Manor Station via bicycles or walking. Philipse Manor Train Station is no farther a walk from Lighthouse Landing than arc many Webber Park, Philipse Manor and Sleepy Hollow Manor residents' homes. Any proposed shuttles should transport commuters to our designated transit hub, the Tarrytown Train Station. c. Further, no traffic should go through Philipse Manor to access Kingsland Point Park. This neighborhood is designed to be safe and quiet. Homeowners are not even allowed to park on the street for safety. Having cars and shuttle busses traveling to and from the park or station would greatly compromise safety and aesthetics. 4. Parking: a. All parking for Kingland Point Park should be created on the GM site. All parking should be eliminated from Kingsland Point Park as it was originally designed. Current lots should be reduced or removed and should be redesigned exclusively for bicycles, pedestrians and emergency vehicles. b. The row of parking should be removed from its current location of stretching along the development next to Kingsland Point Park. Instead, cars should be parked away from this view shed. People can come down to the river on foot or thanks to our proposed state of the art, clean, quiet people-moving system (see.#3). I �o^9lp i 5. The Pocantico Estuary: a. At Meet the Candidate's Night and on several other occasions, the Mayor and many Trustees committed to the restoration of the Pocantico River Estuary. Not enough has been done to actually see this happen. First, a larger buffer area of at least 250 feet to provide for wetlands needs to be established. This buffer should move toward the GM land, not onto Kingsland Point Park. We need to have DEC provide our village with the specifications for the cleanup of the proposed estuary site, plans for the building of a wall to prevent unremediated soil from leaching into the river, and testing of the Pocantico River itself. You have told your constituents that the river will be restored; you have the power to make it happen. We are so close to seeing this project off and underway. But we are not there yet. These Findings need to be picture perfect and should state precisely just what you, Mayor Zegarelli and Board of Trustees, have worked so long and hard to envision on behalf of us, the citizens who will use and love this new development. We look forward to seeing a document emerge that is the synthesis of our ideas and concerns. ] Sincerely, Cynthia Sandler Sleepy FIollow Families for a Legendary Waterfront I I �&3^ Scenic Hudson, Inc. One Civic Center Plaza, Suite 200 Poughkeepsle, NY 12601-3157 Tel: 845 473 4440 Fax: 845 473 2648 email' lnfo@scenichudson.org wvAV.scenichudsoti.org SCENIC HUDSON Statement of: Jeffrey Anzevino, AICT Senior Regional Planner Scenic Hudson, Inc. Village of Sleepy Hollow Board of Trustees Lighthouse Landing Draft Findings Statement June 19, 2007 Good evening. My name is Jeffrey Anzevino. I am a Senior Regional Planner with Scenic Hudson. Over the past seven years, Scenic Hudson has consistently supported the planned redevelopment of the General Motors site and recognized the opportunity this development presents for the Village. We share the Village's excitement for this landmark project. As Lead Agency, Mayor Zegarelli and the Village Board of Trustees has demonstrated the leadership necessary to shepherd this project through a collaborative process and involving various stakeholders and the public. This has resulted in many improvements over the initial proposal submitted in the DEIS. B| |H Scenic Hudson has always envisioned that Lighthouse Landing would result in a: • • • World-class, "green" development that provides public access along the Hudson River and up into the Village through a "green" crescent of interconnected open spaces and trails; Transit-oriented, pedestrian-friendly neighborhood built on a grid of streets; and Commercial district integrated into the existing village and Beekman Avenue corridor. ___ Because of the collaborative process, for which the Village Board deserves much credit, many of these ideas have been incorporated into the FEIS. Now that the Village is reviewing and making amendments to the Draft Findings Statement, we wanted to take this opportunity to bring to the Village Board's attention ways to strengthen the Findings in a manner that would best achieve the common goals of the Village and Scenic Hudson. These initial comments will be supplemented with more comprehensive comments as our staff continues to review the Draft Findings Statement. However, since the draft was only recently made public, we thought it prudent to express to you the following concepts sooner rather than later. I �^^S' I Buffer Width First, Scenic Hudson appreciates the Village's efforts and commitment to establishing a buffer between Lighthouse Landing and Kingsland Point Park. As we all know, General Motors, in 1929, rerouted the Pocantico River to the north around its property where today the River empties into the Hudson. Over the past seven years, Scenic Hudson, the Village Planning Board, and many Village residents, have embraced the concept of opening a second branch of the estuary along the original course of the Pocantico River as a means of: • • • • • • reconnecting the Village waterfront with its historic roots, making the Pocantico a part of Kingsland Point Park, better buffering the Park from the Lighthouse Landing development, providing additional habitat that was lost when the Pocantico was rerouted, providing another "waterfront," and thus, allowing additional water-dependent and enhanced uses at Lighthouse Landing and, finally, providing relief from flooding. By the way, we also believe that this new waterway, essentially creating a new "northern waterfront" on Lighthouse Landing, would make the development much more desirable and marketable. I The plan described in the FEIS includes a buffer of 75 to 175 feet, but reduces at a pinch point to 45 feet. The Draft Findings Statement (page 28 &79) proposes to increase the "overall width" of the buffer to 135 feet. While this is an improvement over 45 feet, the Milone and MacBroom Report found that a buffer of at least 230 feet was needed in order to provide room for a new branch of the estuary with enhanced habitat value. The Draft Findings also indicate (page 79) that "portions of Kingsland Point Park may also be utilized for the possible creation of the estuary." This would be highly unlikely as the southern edge of Kingsland Point Park is primarily rock ledge and, therefore, unable to provide the depth needed to support a floodpiain and riparian buffer along the new estuary. We oppose designation of Kingsland Point Park for this purpose. We believe that the density of the project should be reduced, as discussed below, and that this is the right location to achieve a portion of that reduction. Scenic Hudson appreciates the Village's past efforts to increase the buffer width to 135 feet overall, but urges you to require in the Findings Statement at least 230-feet. Finally, we hope that the Findings Statement will be as supportive as possible of the new branch of the estuary. While we understand that additional studies are needed, and much funding must be secured, we were disappointed that the Draft Findings seems to send mixed messages about the establishment of the new estuary. For example on page 79 the draft indicates that the Village Board finds the concept, if feasible, is desirable and helps buffer Kingsland Point Park from new residential development. We appreciate casting the estuary in that positive light. However, in other places (page 29) the Draft Findings Statement appears to minimize the vast amount of work that Scenic Hudson and others have invested in realizing this vision by calling it "merely a concept" that is "not now reasonably anticipated." Numerous studies on the hydrological and I �ecological considerations of this initiative have been entered into the record that lay the groundwor for additional work that needs to be done. We hope that the Village will review the Draft Findings Statement and ensure that it is drafted with an eye towards Scenic Hudson's commitment to - and Planning Board as well as public support for - reopening the estuary. Density and Traffic Many local residents deal with traffic jams on a daily basis. They, and Scenic Hudson, have consistently held that fewer units are needed to further reduce the amount of traffic generated by Lighthouse Landing. We urge the Village to further reduce the number of residential units to maximum of 900 units. Commercial development on the site has already been reduced to 135,OO0sf and should not be further reduced. It is critical that Lighthouse Landing function as a vibrant mixed use development, extending and strengthening the Beekman Avenue business district, and not as a residential development with minimal commercial development. We commend the Village for including in the Draft Findings the requirement of an Intermunicipal Transportation Authority to determine transit routing, frequency, system operations, and fares, as well as, identification of potential funding sources, oversight and interrelations with existing transit services. We urge the Village Board to include in the Findings a provision that would allow the Planning Board to assess traffic impacts at various stages through the development of the project. Brownfield Cleanup The cleanup of the site - including the buffer - should be done to the most protective standards', including those for lead, for restricted residential use. Contaminant removal must thoroughly isolate contaminants from the buffer strip. The Findings should recognize that under the current DEC proposal there will be high levels of residual contamination, particularly elevated lead levels that will remain on the upland portion of the site. Ultimately the site should be remediated so as to ensure the containment of any residual contamination so that it will not come into contact with people or environmental and ecological resources. The Findings should also recognize that preliminary sediment data indicate high levels of metals in Hudson River sediments, at least at OF-1, which indicate the need for active removal of contaminated sediment. Proper planning and timing of remedial activities for both upland and river contamination is essential to the protection of public health and the long-term recovery of the Hudson River and that the final investigation and characterization of contamination in Hudson River sediment has not been completed during the SEQRA review of Lighthouse Landing. The Findings should also reflect the fact that the IRM approach is being used to accelerate the remediation of the upland portion of this site in order to facilitate the development and that a more complete remedial plan identifying more comprehensive cleanup alternatives has not yet been developed. 3 �«=? It is critical that large trees be planted throughout the site in order to provide shade and soften the appearance of the buildings when viewed from the Hudson River and Village. In order to accommodate large trees, planting wells must be provided as large as the eventual drip line of the mature tree. These planting wells must be clean with no contaminated soil. I The Draft Findings indicates that (page 49) at least 75% of the soil removed as a result of location-specific remediation be removed by rail. We recommend that all the material should be removed by rail and delivered to appropriate sites. Lighthouse Landing as a Model of Energy Efficiency The Findings Statement (page 18) indicates that the proposed buildings will "meet or exceed the standards of the NYS Building Code and other applicable energy-related regulations." This may have worked in the 20th Century, but a new day has dawned where progressive communities are leading the way to reduce our dependence on foreign oil and thwart global climate change while we still can. In New York City, Mayor Bloomberg proposed a bold plan to reduce energy consumption. We urge the Village Board to demonstrate the same leadership and require Lighthouse Landing's buildings to achieve LEED Platinum Standards. In addition to reducing energy use, green roofs would also mitigate visual impacts of the buildings when viewed from upland vantage points in the village. Scenic Hudson recommends that the Findings Statement should be drafted in such a way that would enable the Planning Board in its review of the site plan to assess the carbon footprint of the development and provide ways that will ensure that the project will be carbon neutral. Extension of Beekman Avenue to the Riverfront The Findings should specifically require that Beekman Avenue be extended to a point closer to • the Hudson River in order to provide landside access between tour boats, buses, taxis, and other vehicles. This design would provide a safe and convenient transition for people - particularly senior citizens, young people and those with impaired mobility—as well as the general public in inclement weather. Again, this is another element that would achieve the overall strategy recommended by the Village's Local Waterfront Revitalization Program and Linkages Study and would help Lighthouse Landing function as part of the Village rather than an isolated development. Consideration should also be made for the siting of an arrival pavilion or kiosk at this location to provide shelter and infomiation to visitors. Conclusion We understand the challenges facing the Village as it balances the competing interests of the developer, the community and the variety of stakeholders participating in this process. While we all want this project to move forward to the Site Plan Approval phase, we also acknowledge that the Findings Statement needs much work. We hope you will incorporate these suggestions into the next draft of the Findings Statement. Thank you. 4 I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2007 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_2007-06-19 Subject The topic of the resource Board of Trustees Minutes-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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