https://sleepyhollow.localarchives.org/files/original/4ac2e6e37efc537fc16b385c9b4de712.pdf 90cec18599ff889a17eff0d89edcd137 PDF Text Text Meeting Date: 07/10/2012 Resolution #: 07/76/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Construct new Water Storage Tank WHEREAS, the Village of Sleepy Hollow's existing water tank has a storage capacity of approximately 800,000 gallons which does not satisfy the minimum average daily storage requirements for the present day population. The Village's water system serves the entire village and the New York Life building located north of the Village bounded by the Town of Mount Pleasant; and WHEREAS, the Westchester County Department of Health has advised the Village that the Village's available water supply needs to be expanded to meet current and anticipated demands; and WHEREAS, such an expansion needs to occur before the Lighthouse Landing and Rivers Edge developments; and WHEREAS, preliminary plans for the new tank are complete, as is the Final Environmental Impact Statement. The SEQR process is almost complete with only the Findings Statement yet to be done; and WHEREAS, Empire State Development Grant Funds, which are accessed via the 2012 New York State Consolidated Funding Application, have been identified as funding sources appropriate for the construction of the new water storage tank, and Empire State Development generally seeks to provide no more than 20% of the financing for any particular project and requires the applicant to have 10% equity in all projects. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for funds in the 2012 New York State Consolidated Funding Application round from Empire State Development in accordance with the provisions of the Empire State Development Grant Funds in an amount not to exceed $1,000,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance for construction of the new water storage tank; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee McFarlane Seconded: Trustee Campbell Vote: 5-0 �Meeting Date: 07/10/2012 Resolution #: 07/77/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Enhance 2013 Haunted Hayride and Block Party WHEREAS, capitalizing on the name recognition and tourist attractions associated with Washington Irving's The Legend of Sleepy Hollow, the Village of Sleepy Hollow runs a range of Halloween events, including the Haunted Hayride and Halloween Block Party; and WHEREAS, the Haunted Hayride draws approximately 1,000 riders per evening and it is estimated that the Block Party attracts an additional 400-500; and WHEREAS, for economic development purposes, the Village seeks to enhance these attractions by partnering with the Clocktower Players, the resident theater company of the Irvington Town Hall Theater, to provide additional artistic interpretation and performances, both for the Hayride and for entertainment at the Block Party; and WHEREAS, the Village seeks to boost public participation by increasing the number of days these attractions are available. Formerly offered for one weekend, the Village proposes running the Block Party and Hayride on the Friday and Saturday evenings of the two weekends preceding Halloween; and WHEREAS, an increase in tourism would have a positive economic impact on Sleepy Hollow, the adjoining River Towns and the larger region; and WHEREAS, the New York State Council on the Arts special art Grant Program, accessed via the 2012 New York State Consolidated Funding Application, has been identified as a funding source appropriate for broadening and encouraging greater public participation in this cultural tourism initiative by presenting performance arts to support place making. The minimum grant award for this program is $50,000 and a 50% match is required. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for funds in the New York State Consolidated Funding Application round from the New York State Council on the Arts in accordance with the provisions of the special art projects Grant Program in an amount not to exceed $60,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to enhance the 2013 Haunted Hayride and Block Party; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 5-0 �Meeting Date: 07/10/2012 Resolution #: 07/78/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Market Sleepy Hollow Halloween Brand WHEREAS, Washington Irving's The Legend of Sleepy Hollow and its association with Halloween is an asset of the village; and WHEREAS, capitalizing on this asset and the resulting name recognition for the village, the Village of Sleepy Hollow has held a range of Halloween events over the last years as a source of recreation and to attract tourists; and WHEREAS, for economic development purposes, the Village seeks to develop its Halloween-related attractions and events, and strengthen the public's awareness of Sleepy Hollow as a tourist destination; and WHEREAS, an increase in tourism would have a positive economic impact on adjoining River Towns as well as the larger region; and WHEREAS, the Regional Tourism Marketing Grant Initiative, accessed via the 2012 New York State Consolidated Funding Application, has been identified as a funding source appropriate for a marketing campaign to promote Halloween-related attractions and events; and this grant program requires no match. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for funds in the New York State Consolidated Funding Application round from the New York State Division of Tourism in accordance with the provisions of the Regional Tourism Marketing Grant Initiative in an amount not to exceed $60,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance for a marketing campaign; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Deputy Mayor Wompa Seconded: Trustee Lobato-Church Vote: 5-0 �Meeting Date: 07/10/2012 Resolution #: 07/79/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application For Lighthouse Fresnel Lens WHEREAS, the restoration of the Lighthouse is underway, with 90% designs being reviewed by the County, bidding scheduled for the winter and construction anticipated to begin in spring 2013; and WHEREAS, the Village of Sleepy Hollow was awarded a $150,000 Environmental Protection Fund grant by the NYS Office of Parks, Recreation and Historic Preservation and a $98,000 grant by the National Park Service under the former Save America's Treasures grant program for the Lighthouse restoration project. An additional $552,000 was assigned to the project from the 2011 Westchester County Capital Budget; and WHEREAS, Stephen Tilly Architect projects that this $800,000 total budget will fund the necessary caisson repairs, tower exterior and first floor structure and floor finish and, perhaps, the electrical and window work. The budget does not extend to replaCing the Fresnel lens, which was likely removed by the Coast Guard at the time the Lighthouse was decommissioned; and WHEREAS, a source of full scale, historically appropriate Fresnel lens replicas has been identified and quotes obtained for $25,000 to $35,000 excluding installation; and WHEREAS, the 2012 Hudson River Estuary & Mohawk River Basin Mini-Grants Program from the New York State Environmental Protection Fund through the New York State Department of Environmental Conservation has been identified as a funding source appropriate to purchase an appropriate reproduction Fresnel lens. The maximum grant an applicant can request is $10,000 and a 50% match is required. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for Environmental Protection Funds from the New York State Department of Environmental Conservation in accordance with the provisions of the Hudson River Estuary & Mohawk River Basin Mini-Grants Program Round 11 in an amount not to exceed $10,000, and upon approval of said request to enter into and execute a project agreement with the State government for such financial assistance for the purchase and installation of a 4th Order Fresnel lens replica; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Stupel Seconded: Trustee Campbell Vote: 5-0 �Meeting Date: 07/10/2012 Resolution #: 07/80/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application for Lighthouse Guardrail Infill and Refurbishment of the Lantern Room WH EREAS, the restoration of the Lighthouse is underway, with 90% designs being reviewed by the County, bidding scheduled for the winter and construction anticipated to begin in spring 2013; and WHEREAS, the Village of Sleepy Hollow was awarded a $150,000 Environmental Protection Fund grant by the NYS Office of Parks, Recreation and Historic Preservation and a $98,000 grant by the National Park Service under the former Save America's Treasures grant program for the Lighthouse restoration project. An additional $552,000 was assigned to the project from the 2011 Westchester County Capital Budget; and WHEREAS, Stephen Tilly Architect projects that this $800,000 total budget will fund the necessary caisson repairs, tower exterior and first floor structure and floor finish and, perhaps, the electrical and window work. It is not anticipated that the budget will extend to the lantern glazing or guardrail infill, which are being bid as the fifth and sixth alternates; and WHEREAS, suitable guardrail infill will allow members of the public to safely access the outdoor gallery of the lantern level, greatly enhancing view enjoyment; and WHEREAS, restoration of the lantern glazing will replace inappropriate plexiglass with laminated glass which will not shatter and will block the damaging ultraviolet component of sunlight thus protecting the reproduction Fresnel lens; and WHEREAS, Stephen Tilly Architect has provided a budget projection of $21,263 for the lantern restoration including guardrail infill; and WHEREAS, the 2012 Hudson River Estuary & Mohawk River Basin Mini-Grants Program from the New York State Environmental Protection Fund through the New York State Department of Environmental Conservation has been identified as a funding source appropriate to fund the lantern restoration and guardrail infill. The maximum grant an applicant can request is $10,000 and a 50% match is required. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for Environmental Protection Funds from the New York State Department of Environmental Conservation in accordance with the provisions of the Hudson River Estuary & Mohawk River Basin Mini-Grants Program Round 11 in an amount not to exceed $10,000, and upon approval of said �request to enter into and execute a project agreement with the State government for such financial assistance for the restoration of the lantern glazing and installation of a stainless steel cable mesh guardrail infill; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Lobato-Church Seconded: Trustee Stupel Vote: 5-0 �Meeting Date: 07/10/2012 Resolution #: 07/81/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Agreement with Westchester County BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow authorizes the Mayor to sign the attached agreement with Westchester County to purchase a Para Transit Van for the sum of one dollar for the purpose of creating a mobile child seat safety program, subject to attorney's approval. Moved: Trustee MacFarlane Seconded: Trustee Campbell Vote: 5-0 �SURPLUS PARATRANSIT BUS LOTTERY FORM AGREEMENT THIS AGREEMENT, made the _ _ _ day of _ _ _ _ _ _ _, 201_ by and between: and THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the "County") _ _ _ _ _ _ _ _ _ _ _ _, a municipal corporation of the State of New York, having an office and place of business at _ _ _ _ _ _ _ _ _ _ _ _ __ (hereinafter referred to as the "Municipality"). Section 1. The Municipality participated in the County's Surplus Paratransit Bus Lottery on 20_ and is a lottery winner. The Municipality accepts the Paratransit Bus(es) identified below in "AS IS" condition and understands that the County makes no representations, guarantees, or warranties in connection with the identified Paratransit Bus( es). Vehicle Make/Modell Year/ Mileagel Funding limitations Section 2. The Municipality agrees to pay the sum of One ($1.00) Dollar, receipt of which is hereby acknowledged by the County. The Municipality agrees to use the Paratransit Bus for the public purpose that benefits citizens of Westchester as set forth in the Municipality's application, a copy of which is annexed hereto and incorporated herein. Section 3. The Municipality agrees not to resell the Paratransit Bus( es) identified above. However, should the Paratransit Bus(es) become unusable or unsafe, then same may be sold for scrap or disposed of by the Municipality. Section 4. [Strike ~r inapplicable] The Municipality hereby certifies that it will comply with any and all restrictions imposed on the County by federal or state funding in connection with the Paratransit Bus( es). In addition, the Municipality agrees that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Municipality shall indemnify, defend and hold harmless the County, its officers, elected officials, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality. �IN WITNESS WHEREOF, the County of Westchester and the Municipality have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER By: _ _ _ _ _ _ _ _ _ _ _ _ __ Commissioner of Public Works and Transportation MUNICIP ALITY BY:_-t=-ttU_<._fZ_\_Jt _ _ _ _--t'--_--=- (;. IJ.JRAi' HAtfoR. Authorized by the Westchester County Board of Acquisition and Contract on the _ _ _ _ _,201_. Approved as to fonn and manner of execution: _ _ Assistant County Attorney The County of Westchester day of �MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER) On the /1 tL undersigned, personally appeared day of ~ in the year 20 b~~ ,g before me, the ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their capacity(ies), and that by hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~A~ 7 7 Notary Public ~ ~ULAA MCCAR Notary Public • Stlte of ~~y v NO 01MC .. ew fork QualWe' 6198640 My Comm/,~,lnon~~·t/chester OUnt up res RPL § 309-a; NY CPLR § 4538 �CERTIFICATE OF AUTHORITY An){oYl~!! G~ (Otlicer otr tHan otlicer signing contract) VGG~ A 9~~ certify that I am the I, the ... \/~. Ti~ ~ ~ ~iforporatiOn) 7 doatJ r;j of /,' Jt~ a corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corpora'tion Law) named in the foregoing agreement; that (Person executing agree men who signed said agreement on behalf of the ~~ rJ i ~~ (Natl1f'CorP atiOn) was, at the time of execution of the Corporation and that said agreement was duly signed for and on behalf of said Corporation by authority of its Board of Directors, thereunto duly authorized and that such authority is in full force and effect at the date hereof. ) ) ss.: COUNTY OF WESTCHESTER) 'f1-- ~ ~etore a..cu..' day of in the year 20 I me, the undersigned, a On the 17 y (5; 0 personally appeared, Notary Public in and for said State, personally known to me or proved to me on the basis of satisfactory evidence to be the otlicer described in and who executed the above certificate, w 0 being by me duly sworn did depose and N, . ,and say that ~/she resides at 10 EasTEr" rife' he/she is an officer of said corporation; that he/she is uly authorized to xecute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority. p. 1 PAULA A MCCARTHY ary Public - State of New York NO.01MC6198640 Cualified in Westchester C unt My Commission Expires J.. �Meeting Date: 07/10/2012 Resolution #: 07/82/2012 Resolution Hiring Seasonal Parks Attendants WHEREAS, a need for an additional seasonal Parks Security Staff is necessary due to the dismissal of two seasonal staff members; and WHEREAS, in order to maintain safety of visitors and to staff the Kingsland Point Park booth, this position should be filled as quickly as possible; and WHEREAS, Mariana Tolentino; residing in Sleepy Hollow, has applied for this position; and WHEREAS, the Chief of Police has recommended that Mariana Tolentino be hired on a seasonal basis to fill this position; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow hereby approves that Mariana Tolentino be hired on a seasonal basis to work as seasonal Parks Security Staff for the Village of Sleepy Hollow at a salary rate of $12.00 per hour. Moved: Trustee Campbell Seconded: Trustee MacFarlane Vote: 5-0 �Meeting Date: Resolution #: 7/10/2012 7/83/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving the Action of the Fire Wardens Be it resolved that the Board of Trustees approves the action of the Fire Wardens in passing Scott Ferguson as a driver of Engine 86; and Be it further resolved that the Board of Trustees directs the Village Clerk to notify the Fire Chief in writing of this resolution. Moved: Deputy Mayor Wompa Second: Trustee Stupel Vote: 5-0 �Meeting Date: 07/10/2012 Resolution #: 07/84/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Authorize Agreement with Gillette Corp. Whereas, the Village of Sleepy Hollow owns property located at 52 Elm Street and said property is listed by the New York State Department of Environmental Conservation (NYSDEC) for the removal of inorganic mercury found at said property and the subsequent replacement of clean soil; and Whereas, The Gillette Corp (Gillette) has forwarded an agreement (attached hereto) to the Village for execution permitting its contractor to enter onto the property for the purpose of said removal and clean-up; and Whereas; Village Counsel has reviewed the proposed agreement and recommends the Village execute the agreement; and Whereas, the Board of Trustees finds that it is in the best interests of the Village, its taxpayers, and residents to authorize the Mayor to execute the agreement, therefore, be it resolved the Board of Trustees authorizes the Mayor to execute the agreement with Gillette Corp to clean property located at 52 Elm Street, Sleepy Hollow. NOW, Moved: Trustee Stupel Seconded: Trustee Lobato-Church 0he undersigned a true copy of an e'xtract duly adopted by the Boardyt ~I e~ do hereb,l!£:.yi.llllce'l-'rt'--ify.....t-hat the foregoing Is T stees of the Vi age of Sleepy Hollow, on the ~dfay ru 20 /1- and of the whole thereo , o~ rther certify that the same was entered into the ~inutes of the meeting of said Board of Trustees held on said date. to hand and IN WITNESS WHEREOF, I have hereun se my 20 II!-. offidal iS~day of - Vote: 5-0 �PROPERTY RESTORATION AGREEMENT As you may know, The Gillette Company ("Gillette") has been working under the oversight of the New York State Department of Environmental Conservation ("NYSDEC") in the Village of Sleepy Hollow to address inorganic mercury present in the soil at a number of properties in the vicinity of the former Duracell battery plant that operated between 1945 and 1984 in the Village. Gillette has been asked by NYSDEC to remove soils above the site clean-up level of 4.8 mg/kg for inorganic mercury from a number of properties. Your property has been identified by the NYSDEC as requiring removal of such soil. In order to perform the work required by NY'SDEC, Gillette will need your permission to enter your property, remove and replace soil, and restore landscaping that was disturbed in the process. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. This Agreement describes and defines the rights and obligations of you and Gillette. As background, NYSDEC and The Gillette Company entered into an Order on Consent and Administrative Settlement, on December 29, 2009, effective January 1, 2010. It requires Gillette to develop and submit for NYSDEC's approval an Interim Remedial Measure Work Plan ("IRM") to address impacts from the former Duracell, Inc. facility in Sleepy Hollow, New York. The NYSDEC, in consultation with the New York State Department of Health, approved the IRM on December 20, 2011, and approved the IRM �Addendum on April 12, 2012. Under the IRM, Gillette will remove and replace soil containing inorganic mercury above the site clean-up objective of 4.8 mg/kg from certain residential properties in the Village of Sleepy Hollow and restore the properties as best as possible to pre-work condition, including restoration of disturbed lawns and landscaping. Accordingly, Gillette requests your permission to remove soils from the property located at 52 Elm Street f!pd remove trees on QO Elm "Propert~) and to restore the Propertie~ ~!reet (the to a satisfactory condition. As the owner(s) of the Property, you consent and authorize Gillette, its employees, agents, representatives, and contractors, to enter the Property for the purpose of removing soils and performing all necessary restoration work identified in the following Scope of Work. Scope of Work to be performed: IRM work on 52 Elm Streetthe-·property includes the removal of soils as shown on the attached figures and described as follows: (1) Soils located in the southern portion of the property of the property. All trees and shrubs located in the soil excavation areas will be removed prior to the start of soil removal, as shown on the attached figures. Trees on ,60 Elm Street will also be removed in order to provide access to 52 !i!.lm Street. as shown on the attached drawing~ The following site controls will be utilized during IRM work: (1) temporary security fencing will be installed around soil excavation areas; (2) community air monitoring along the perimeter of excavations; and (3) installation and maintenance of sediment and erosion controls. Excavation work is limited to the southern portion of the property; however, the entire �property will be used to gain access to a portion of the 50 Elm Street property. Excavations will be backfilled and grass surfaces will be restored and maintained for a minimum of two mowing or four weeks, whichever comes later. Other surfaces such as mulched areas will be restored. Trees and shrubs will be replaced in kind to the extent possible, subject to availability. Trees and shrubs will be maintained for a period of one year following planting. Tree and shrub maintenance work may include watering, fertilizing, weeding, and pruning. Further details on tree removal and replacement are found in the attached Tree Removal Rider. Gillette agrees to take reasonable and necessary measures to minimize impacts to the Property during the removal and restoration work described above. Gillette will attempt to notify you at least 48 hours before entering the Property. Work will be conducted during regular business hours (8:00 a.m. and 5:00 p.m., Monday through Friday). Gillette will conduct its activities so as to minimize interference with the use of the Property. If person(s) other than you as the property owner(s) and family reside on the Property ("Tenants"), we request that you agree to inform such Tenants of the daters) and time(s) Gillette will be performing the work set out in this Agreement. You agree to post the attached Notice of Work in a place on the Property where all tenants can view it prior to the work beginning. Gillette agrees to perform all work in a prompt and workmanlike manner and to complete the work identified in the Scope of Work to your reasonable satisfaction. Gillette agrees that you shall have no responsibility for any of the costs of performing work identified in the Scope of Work. The consent granted by you is based upon Gillette's agreement to restore the property in accordance with this Agreement. When Gillette's obligations under this Agreement are complete Gillette will provide written �if • • confirmation to you for your signature that all work described in the Scope of Work has been performed to your reasonable satisfaction. You hereby agree to release and discharge Gillette, its employees and contractors from any and all claims or liability for personal injury or property damage at the Property, arising from the work performed by Gillette in accordance with this Agreement, except any damage or injury caused by any negligent or willful act or omission of Gillette, its employees, agents, representatives, contractors, or anyone working on behalf of Gillette. [The remainder of this page is intentionally left blank). For Gillette Company: Name (Printed) Signature Title Name (Printed) Date �Date Signature �TREE PRESERVATION RIDER The Gillette Company ("Gillette") and the Property Owner(s) identified below have entered into a Property Restoration Agreement on _ _ _ _ _ _ _ to allow Gillette to remove certain soils from the property located at 52 Elm Street (the "Property") and restore the Property in accordance with an Interim Remedial Measure Work Plan approved by the New York State Department of Environmental Conservation ("NYSDEC"), in consultation with the New York State Department of Health. The IRM requires Gillette to remove soils containing inorganic mercury above the site clean-up level of 4.8 mg/kg from the Property and replace it with acceptable soil. Removal of all soils from the Property identified for removal in the IRM requires removal of certain mature trees. The IRM, as approved by the NYSDEC, allows mature trees to be excluded from soil excavations in accordance with the Tree Preservation Plan in instances where individual property owners do not consent to the removal of mature trees on their property. The Property Owner has been made aware that the NYSDEC has identified the Property for removal of soils in accordance with the IRM. As a result of deciding to preserve a tree, the Property Owner understands that inorganic mercury in concentrations greater than the site clean-up level of 4.8 mg/kg could be left in place in tree root zones, as identified in the Tree Preservation Plan. Soils remaining in tree root zones with inorganic mercury concentrations above 4.8 mg/kg will be documented in a report and provided to the Property Owner. The Property Owner understands that New York law requires the Property Owner to disclose all environmental sampling data, including this report, to prospective buyers. The Property Owner has elected to forego complete remediation of the Property and instead to preserve certain mature trees on the Property, pursuant to the Tree Preservation Plan. The Property Owner and Gillette agree that Gillette shall perform the soil removal and restoration work on the Property in accordance with the Property Restoration Agreement while preserving certain mature trees on the Property. In signing this Tree Preservation Rider, the Property Owner expressly agrees to waive, release, and hold Gillette harmless from any claim, damages, suit or liability arising from maintenance and/or preservation of any tree on the Property that would otherwise have been removed in accordance with the IRM and left to remain on the Property under this Tree Preservation Rider and the Tree Preservation Plan. For Gillette Company: Name (Printed) Signature Title Date �, . TREE REMOVAL RIDER In further consideration of and in accordance with the Property Restoration Agreement between The Gillette Company ("Gillette") and the Property Owner(s) identified below, the parties agree that Gillette shall remove certain trees from the property located at 52 Elm Street and 60J~lm Street-, and replace such trees with new trees described below. Tree(s) to be removed: I. Globe Arborvitae 2-11. Elm (10) 12-14. White Pine (3) 15. Pin Oak 16. Red Maple Tree(s) to be replaced with the following tree(s): I. Globe Arborvitae 2-11. Elm (10) 12-14. White Pine (3) 15. Pin Oak 16. Red Maple Maintenance activities for replacement tree(s): Property Owner(s): For Gillette Company: Name (Printed) Signat re Signature Title Date Date 1\ If( IV I , �Confirmation of Completion of Work and Release The undersigned hereby confirm that all work to be performed by The Gillette Company in accordance with the Property Restoration Agreement dated _ _ _ _ _ _ , has been completed to the reasonable satisfaction of the Property Owner as of the date below. In consideration of the work Gillette has performed on the Property, The Property Owner agrees to release and discharge Gillette, its employees and contractors from any and all claims or liability for property damage at the Property arising in any way from the work Gillette performed on the Property in accordance with the Property Restoration Agreement, except any damage or injury caused by any negligent or willful act or omission of Gillette, its employees, agents, representatives, contractors, or anyone working on behalf of Gillette, or arising in any way from the Duracell, Inc, facility formerly located at 60 Elm Street in the Village of Sleepy Hollow. I Property Address: 52 Elm Street and 60 Elm Street Property Owner: Date �Notice of Work The Gillette Company ("Gillette") is working under the oversight of the New York State Department of Environmental Conservation ("NYSDEC") in the Village of Sleepy Hollow to perform a remediation of inorganic mercury present in the soil above the site clean-up level of 4.8 mg/kg at a number of properties. Gillette will be removing soils and restoring properties in accordance with the Interim Remedial Work Plan (IRM) approved by the NYSDEC in consultation with the New York State Department of Health to address impacts from the former Duracell Inc, facility in Sleepy Hollow. Gillette, through its contractor AECOM, will be performing work at this property to remove soils and to restore the property to its pre-work condition as best as possible. This work will occur on the following dates and times: If you have any questions about the work that will be done at this property you can contact the property owner or the resources listed below: Project-Related Questions Dan Lanners, Project Manager NYS Department of Environmental Conservation Division of Environmental Remediation 625 Broadway, 11 th Floor Albany, New York 12233-7014 E-mail: drlanneI@gw.dec.state.ny.us (866) 520-2334 Gillette has established a toll free telephone number and email address to receive and respond to questions: 877 -410-8412 or infc@formermallorybatteryfactory.com Site-Related Health Questions Fay Navratil NYS Department of Health Bureau of Environ. Exposure Investigation 547 River Street Troy, New York 12180-2216 518-402-7880 �Meeting Date: 07/17/2012 Resolution #: 07/85/2012 Resolution Authorizing Administrator to Enter Into Agreement With Fleetwood Leasing, LLC Whereas, the Chief of Police has researched the leasing of certain equipment from Fleetwood Leasing, LLC for software and related items pertaining to police work, Now therefore be it resolved the Board of Trustees authorizes the Administrator to enter into the attached agreement with Fleetwood Leasing, LLC, if same meets with Village Counsel's approval. Moved: Trustee Lobato-Church Seconded: Trustee Stupel Vote: 5-0 � 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-2012 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_2012-07-10_RES-07-17 Subject The topic of the resource Board of Trustees Minutes-2012 Date A point or period of time associated with an event in the lifecycle of the resource 2012 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