https://sleepyhollow.localarchives.org/files/original/cff161acc05d906c55ea7741656d002a.pdf 75cbcee26c5845e8f39093c4c9c8d159 PDF Text Text Resolution Approving Traffic Engineering for Traffic Study/Conceptual Intersection Improvements on Route 9 and Old Broadway Whereas, The Village Board is desirous of studying the traffic and pedestrian patterns in and around Route 9 and Old Broadway, and Whereas, Proposals were solicited from qualified traffic engineers to conduct this study, and Whereas, TRC Solutions of Hawthorne, New York was the lowest proposal in the amount of $18,920, and Whereas, TRC Solutions is being recommended by the Village Administrator, Now, therefore, be it resolved. The Board of Trustees of the Village of Sleepy Hollow authorizes the Mayor to sign the attached proposal from TRC Solutions of Hawthorne, New York to conduct a traffic study in and around Old Broadway at a cost of $18,920. Moved: Trustee Rosenbloom Second: Trustee Scaglione Vote: Unanimous �©TRC 9 1 4 . 5 9 2 . 4 0 4 0 PHONE 9 1 4 . 5 9 2 . 5 0 4 6 FM www.TRCsolutions.com August 25, 2015 Mr. Anthony Giaccio, Village Administrator Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Traffic Engineering Services Proposal Traffic Study/Conceptual Intersection Improvements Route 9 and Old Broadway Sleepy Hollow, NY Dear Mr. Giaccio: In conjunction with your request and as per our meeting, TRC Engineers, Inc. (TRC) is pleased to submit this Proposal for Traffic Engineering Services as they relate to the tasks required to prepare a Traffic Study and Conceptual Intersection Improvements including Pedestrian Improvements for Route 9 at its intersection with Old Broadway/Pierson Avenue and at its intersection with Old Broadway/Pocantico Street in the Village of Sleepy Hollow. As discussed, TRC has reviewed these locations previously, one in conjunction with a Study on behalf of the Village and one in conjunction with the Lighthouse Landing project. In addition, as per our discussions, the area is being reviewed by the NYSDOT, who has jurisdiction along Route 9, but their work is not proposed for several years. The Village's main concerns are the safety of the pedestrian crossings, especially with the various special events held in the area, and the non-standard geometry of the intersections which can cause confusion amongst drivers. The following Scope of Services is based upon our review of your request and our knowledge of the existing area. The Traffic Study and Conceptual Intersection Improvement will initially be Village use and then be submitted to the NYSDOT. SCOPE OF SERVICES TASK 1 - TRAFFIC STUDY/CONCEPTUAL IMPROVEMENT PLANS 1. For the study locations described below, TRC will perform a physical examination of the site, its environs and the area roadway network and observe traffic patterns �under existing conditions. Representatives of TRC will perform traffic and pedestrian counts for 4-5 hour periods during the daytime on a Saturday and Sunday as well as a five hour period each on a Thursday, Friday and Saturday evening. The counts will be performed in late September and/or October and will be during special events occurring in the area. The exact dates and times will be coordinated with the Village. The intersections to be considered are: • Route 9 and Old Broadway/Pierson Avenue • Route 9 and Old Broadway/Pocantico Street In addition to the manual traffic counts, an Automatic Traffic Recorder count will be installed along Route 9 for a one week period. If additional traffic counts or locations are required, a separate Work Order will be submitted. 2. TRC will summarize the traffic counts and pedestrian counts to determine the peak conditions. 3. TRC will hold discussions with the representatives of the NYSDOT in regards to their plans for the intersection. TRC will obtain the available data from the NYSDOT. 4. TRC will review existing roadway plans, traffic counts, or other data obtained from previous Traffic Studies, government officials, other agencies, or contained in the files of TRC for the study locations, as available. TRC will also review any proposed concepts for the intersections that the Village may have. 5. TRC will identify the anticipated appropriate traffic growth rate in the area and utilize other information relevant to proposed projects that have standing. 6. TRC will collect information regarding roadway widths, number of lanes, lane assignment, channelization, traffic control devices, general sight distance observations, lateral clearances and other factors which control or limit traffic capacity where such information can be gathered by Engineer's personnel without a field survey. 7. TRC will prepare a description of the roadway network including number of lanes, posted speed limit, types of roadways, pavement widths/conditions, parking, and traffic controls including signal timing. �8. TRC will perform capacity analysis for the key intersections for the Peak Hours, utilizing the latest software. Levels of Service will be provided per each intersection approach. 9. TRC will identify possible roadway improvements and perform additional analyses with the proposed improvements to demonstrate Levels of Service and impacts. 10. TRC will prepare Conceptual Improvement Plans with different concepts to improve pedestrian crossings as well improve the intersection geometry. 11. TRC will prepare the Traffic Study which will be suitable for submission to the Village and State. This Study will include: a. A written text of the study describing the study methodology and findings. b. Figures of Traffic Volumes and Pedestrian Volumes. c. Capacity analysis of study locations and analysis summary tables. d. Discussion of proposed traffic and pedestrian improvements and Conceptual Improvement Plans. TASK 2 - HEARINGS/MEETINGS/CONFERENCE CALLS TRC will prepare for and attend meetings with the Village and/or the State and conference calls as requested. For purposes of this Proposal, two meetings with the Village and one meeting with the NYSDOT are included. FEE SCHEDULE For the foregoing Tasks, the following Estimated Fees are proposed: TASK DESCRIPTION Taskl Traffic Impact Study Task 2 Hearings/Meetings/Conference Calls (3) Reimbursables (Traffic survey personnel. Automatic Traffic Recorder, mileage, printing, etc.) ESTIMATED FEE $9,400 $1,620 $7,900 The work efforts described will be billed monthly in accordance with our standard Schedule of Engineering Fees and Charges and General Conditions, copies attached. The above reimbursable fee includes reimbursable expenses such as the costs for the traffic �surveyors, printing, travel, mailing, etc. Depending upon availability, the traffic survey personnel will either be from a traffic counting firm and thus will be billed as a Reimbursable (as illustrated in the above table) or by a direct employee of TRC, and thus the billing will be shifted from Reimbursables to Task 1. Meetings/Hearings will be on an hourly basis, as requested. If additional tasks are required, including those based upon the Village or State requests for additional analyses or modifications to the Study, additional traffic counts, sight distance measurements, detailed signal warrant study, accident analysis, a Highway Work Permit (NYSDOT), detailed design drawings, preparation of additional follow-up with the Village or State, or cost estimates, a separate Work Order will be prepared, for your Authorization. AUTHORIZATION TRC is prepared to begin work on this project immediately upon authorization. TRC looks forward to the opportunity to provide Traffic Engineering Services on this project. Authorization to proceed is provided by returning one signed copy of this Proposal. Should you wish to discuss any aspect of this Proposal, please do not hesitate to call. Very truly yours, TRC Engineers, Inc. /Iv, ^ Brian E. Dempsey, P.E., PTOE Encs. 0: PROJCCTSVPROPOSAL\2426a6\Slcq)y Holow dot ACCEPTED: VIIILAGE OF SLEEPY HOLLOW BY: TITLE: DATE: ^ �QTRC 9 1 4 . 5 9 2 . 4 0 4 0 PHONE 9 1 4 . 5 9 2 . 5 0 4 6 FAK www.TRCsolutions.com T R C ENGINEERS, INC. 2015 SCHEDULE O F ENGINEERING FEES AND CHARGES SCHEDULE Payroll Based Projects and Labor Fees, as stated in the Agreement shall be defined as Tollows: PAYROLL BASIS * Services shall be charged at the following hourly Practice Leaders/Principals Principals/Project Directors Project Directors/Senior Project Managers Senior Project Managers/Principal Engineers Project Managers/Senior Engineers Project Engineers/Deputy Project Managers Assistant Project Engineers Senior Designers/Associate Project Engineers Staff Engineer/Designers Senior Technicians Techn icians Technical Support StafT, rates: Hourly Rate S235.00 S230,00 SI80.00 SI 75.00 SI 70,00 SI60.00 SI40.00 SI30.00 SI 00.00 S85.00 S75.00 S68.00 FORENSIC AND TESTIMONY SERVICES - Forensic Services for litigation, including court appearances, deposition, arbitiBtion and similar representation, shall be billed as follows: S275 per hour for Principal/Manager providing Services, and above Technical Staff at shown hourly rate with an added I0?'o premium for Support Staff services related to same. DEFINITION The above hourly rates include payroll costs, overhead and profit. Rates are subject to change based upon Annual Salary Adjustments. REIMBURSABLES In addition to the above Fees, project- related Direct Expenses shall be reimbursed at cost plus 10% including the following: • Reproduction of Drawings & Specifications, and Prints. • Purchase of plans and documents. • Communications, postage/express mail, and special delivery services. • Permit and Application Fees. • Fees paid to special consultants/vendors/contractors with prior written approval of the Client. • All Travel and subsistence expenses. • Field Traffic Counters (Manual and Automatic). • Other direct expenses/supplies associated with the project. TAXES All Services and Charges may be subject to one or several States' Sale or Use taxes. These will be added when applicable. SUPPLEMENTAL SERVICES/CHANGE ORDERS Any work not described in the Scope of Services for this Agreement will be considered additional and performed only upon authorization of a Supplemental Agreement of said services and associated fees and schedules. These services can include, but are not limited to the following: • Changes in Scope of Services following start of said Services. • Re-work/re-design due to late receipt of information for which Client is responsible. • Re-worfc/re-design and/or new work/new design as a result of changes in the pmject during performance of the work. • Costs incun:ed as a result of project delays. • Additional attendance at meetings and/or construction observations not defined in the Agreement. • Supplemental, additional, and/or Special Services as defined in the Agreement. • Other services not covered in the approved scope of work. INVOICING/PAYMENT OF FEES Invoices will be submitted monthly based on work performed until project completion. Fixed Fee Projects will be invoiced based on Percentage Completion plus Direct Expenses/Reimbursables, Payroll Basts Projects will be invoiced based on actual hours performed by personnel classification plus Direct Expenses/Reimbursables. Payment shall be due within thirty (30) days of date of the Invoice. The amount due and owing shall bear interest af^er thirty (30) days from the date of the Statement at the rate of one and one half (1,5) percent per month. 0 PROJECTSOmCPj^CCTOEN'f EE SCHEDULES CURREOTKEQLLAR FEKiFEE Schedu'i :itlS.4ic �©TRC 9 1 4 . 5 9 2 . 4 0 4 0 PHONE 9 1 4 . 5 9 2 . 5 0 4 6 FAX www.TRCsolutions.com TRC ENGINEERS. INC. GENERAL TERMS AND CONDITIONS 1.9 SERVICES T R C Engineers, nic. CConsultanf} will provide engineering and other professional setvices on behalf of Client as provided in the Scope of Woth. Client Is defined In the attached Pioposa or Scope of Woik, Incorporated herein by teferervcs. Unless otherwise stated, Consultanrs Proposal to perfonn the Scope of Woik expires sixty (60) days fiDin its date and may be modified or wrthdravm by Consultant prior to receipt of Clientrs acceptance The offer and acceptance of any services or goods covered by the Proposal Is conditioned upon these terms and conditions. Any additional or diHiefent terms and conditions proposed by Client at« objected bi and wiU not be binding upon Consultant unless spedflcaily agreed to in writing by Consultant A n order or statement of intent to purchase Consultant's services, or any direction to proceed with, or acquiescence In the commencement of wort( shall constitute consent to these terms and conditions. 2.0 2.1 2.2 2.3 3.0 COMPENSATION Coruultant will invoice for its services based on the method of compensation In the proposal for labor and d rect expenses. Prices or rates quoted do not include state or local taxes where applicabte. Direct expenses Include reimbursable expenses, which are charges incurred for travel, transportation, temporary lodging, meals teephone calls, (ax, postage, courier service, photographic, photocopying and other fees and costs reasonably ncuned In connection with the services. Unless otherwise stated In the Proposal, Consultant will submit Invoices for services related to ttie Scope of Worit on a monthly basis, and CEent wiU maiie payment within thirty (30) days of receipt of Consultant's invoices. If Client objects to any p ^ n of an invoice, the Client will notify Consultant within fifteen (IS) days from the dale of receipt of the Invoice and will pay that portion of the Invoice not in dispute, and the parties shall Immediately maiie every effort to setde the disputed portion of the invoice. If Client fails to make any payment due to Consultant within thirty (30) days after receipt of an invoice, then the amount due Consultant wiN increase at the rate of l.S peirient per month after the 30th day. If a retainer has been required and the Client has not paid the invoice within thirty (30) days, Consultant shall t » entiHed lo draw upon the retainer to s a t i ^ the past due Invoice. In addition, Consultant may, after giving seven (7) days' written notice to CHent, suspend its sen/ices and any ddiveraUes untH Ckinsultant has been paid in full for all amounts outstanding mote than thirty |30) days. In the event that Consultant must resort to legal action to enforce collection of payments due, Client agrees to pay attorneys' fees and any other costs resulting from such action. Client will designate in writing the person or persons with authority to act in Clients behalf on ail matters concerning ttw wort( to be perfomied by Consultant for Client 3.2 Client win furnish to Consultant ail existing studies, reports, data and other Intonnation available to Client which may be necessary (or petfciimanoe of the work, authorize Consultant to obtain additional data as required, and furnish the services of others, where necessary, for the perfonnance of the work. Consultant will be entitled to use and r^y upon all such Information and services. Unless otherwise stated in the Proposal, Client shall be responsible to provide Consultant with access to the worit site or property to perform the worlt. PERFORMANCE O F SERVICE 4.1 Consultant's services will be perfomied in confbmiance with the Scope of Worli set forth In the attached proposat 4.2 Additional services will be perfbimed and completed in conformance with any suppriemental proposals or scopes of worit approved In writing by ihe Client 43 Consultanfs senices for the Scope of Work will be considered complete at the eariier of (i) the date when Consultanrs report is accepted by the Client or (ii) thirty (30) days after the date when Consultanrs report is submitted for final acceptance, if Consultant is not notified in writing within such 30^ay period of a material defect In such report 4.4 if any time period within or date by which any of Consultants senrices are to be performed Is exceeded for reasons outside of Consultanfs reasonable control, an rales, measures and amounts of compensation and the time for completion of peribmiance sfiaH tw subject to equitable adjustment. 5.0 CONFIDENTIAUTY Consultant will hold confidential all infomiatlon obtained from Client which is not otherwise previously known to Consultant, unless such Infonnation comes into the public domain through no fault of Consultant, is furnished to Consultant by a third party who is under no confidentiality obligatkin, or is Independently devekiped by Consultant 6.0 STANDARD OF C A R E In perfoming services, Consultant agrees to exercise professtonai judgment made on the tiasis of the information available to Consultant and to use the same standard of care and skill ordinarily exerdsed in similar drcumstances by consultants performing comparable setvices In the region. This standard of cars shall be Judged as of the time and place the servbes are rendered and not according to later standards. Reasonable people may disagree on matters Involving professkinal judgment and accordingly, a difference of opinkin on a question of professkinal judgment shall not excuse Client from paying for senk:es rendered or result in liability to Consultant 7.0 7.1 INSURANCE Consultant will procure and maintain Insurance as required by law. At a minimum. Consultant will have the following coverage: (a) Wort(er's compensation and occupational disease insurance In statutory amounts. (b) Employer's liability insurance In the amount of $1,000,000. (c) Automotive liability In the amount of $1,000.000. (d) Commercial General Liability Insurance for bodily Injury, death or loss of or damage to property of third persons in the amount of SI ,000,000 per occurrence, $2,000,000 In the aggregate. (e) Professtonai envrs and omissions Insurance In the amount of $t.000,000. C U E N T S RESPONStBILITtES 3.1 3.3 4.0 8.0 B.I INDEMNfrr Each Party assumes full responsibility for any claims, suits, accklents, injuries (Including death) or damages to the person or property of any third party resulting frtjm its ovm negligent acts, reckless betiavkir or willful misconduct or those of any of Its emptoyees, representatives, contractors, consultants or agents In connectkMi with the services rendered, and, to the extent of its proportnnate responsibinty , will indemnify and save harmless the other Party, its wnpkjyees. representatives, contractors, consultants �and agents from and against any claims, costs, liabilities or expenses arising out of such negligent acts, reckless tiehavior or willful misconduct 8,2 9.0 9.1 9.2 10.0 Notwithstanding the foregoing, In the event that Consultant performs intnjslve ground work as part of the Scope of Work, Client shall indemnify Consultant from and against any and all claims, costs, liabilities or expenses, including reasonable attorneys' fees, resulting from, or arising out of, damages to subsurface or underground utilities or strijctures, including but not limited to, gas. telephone, electric, water or sewer utilities whose locations were not designated or identified to Consultant prior to the commencement of any subsurface investigation or cleanup, including but not limited to. excavation, drilling, boring or probing required to be conducted by Consultant as part of site Investigation, characterization or remediation work. A L L O C A T I O N O F RESPONSIBILITY Consultant shall be liable to Client only for direct damages to the extent caused by Consultant's negligence or willfii misconduct in the performance of its services. Consultant shall not be liable for indirect, consequential, special or exemplary damages, or for damages caused by Client's feflure to perfbnn ite obligations. To the fullest extent permitted by law. ttie total liability in ttie aggregate of Consultant arid its employees, subcontractors or suppliers to Client and anyone claiming by. through or under Client on all claims of any kind (excluding claims for death or bodily injury) arising out of or in any way related to Consultant's sendees, or from any cause or causes wf^tsoever, including but not limited to negRgence, errors, omissions, strict Rability, indemnity or breach of contract shall not exceed the total compensation received by Consultant under ttiis agreement If Consultant furnishes Client with advice or assistance concerning any products, systems or services which is not required under the Scope of Work or any other contract among the parties, the furnishing of such advice or assistance will not subject Consultant to any liability whether in contract indemnity, warranty, tort {including ne^igence). strict liability or otherwise. OWNERSHIP OP DOCUMENTS 10.1 All notes, memoranda, drawings, designs, specifications and reports prepared by Consultant shall become Client's upon completion of ti)e payment to Consultant as provided herein. Consultant may make and retain copies of all such documents for Its file. 102 All documents including drawings and specifications prepared by Consultant pursuant to the Scope of Work are instmments of sen/ice with respect to this project Such documents are m t ffitended or represented to be suitatMe for reuse by Client or by any other party on subsequent extensions or phases of this p r o j ^ or site or on any other project or site without the written consent of both Client and Consultant 10.3 10.4 11.0 Any reuse without written approval or adaptation by Consultant for the specific purpose intended will be at the Client's sole risk and without Habilrty or legal exposure to Consultant; and Client shall indemnify, defend and hold harmless Consultant from all claims, damages, losses and expenses arising out of such reuse. Any such reuse requested by Client will entitle Consultant to further compensation at rates to be agreed upon by Client and T R C . Consultant shall retain the Technical project file for a period of five (5) years from the date of the last Invoice issued by Consultant for the Scope of Woric under the attached Proposal. Client shall notify Consultant at the completion of wortt if Client requires this file to be transferred to Client or anotfier entity, or retained by Consultant for a longer period of time. In the absence of any written instructions to the contrary from Client, Consultant shall have the right to discard any and all files, records or documents of any type related to the Scope of Worit after the five (S)-year period. During this five (5}-year period, any requests for document recovery or reproduction be assessed a fee in accordance with Consultant's Schedule of Fees, INDEPENDENT CONTRACTOR Consultant is an independent contractor and shall not be regarded as an employee or agent of the Client T R C Terms and Condittons - C E S 7-14-11 12.0 COMPUANCE WITH FEDERAL, STATE AND LOCAL LAWS Consultant shall observe all applicable provisnns of the federal, state and k)cal laws and regulations, including tlxise relating to equal opportunity employment 13.0 SAFETY 13.1 Client shaD be obligated to infomi ConsUtant and its emptoyees of any applicable site safety procedures and regulations known to Client as well as any special safety concerns or dangerous condltiois at the site. Consultant and its employees will be obligated to adhere to such procedures and regulations once notice has been given. 13.2 Unless specifically provkjed In the Scope of Work. Consultant shall not have any responsibility for overaR job safety at site. If in Consultant's reasonable opinion, Its fiekJ personnel are unable to access required kicalions or perfonti required services in conformance with applicable safety standards. Consultant may immediately suspend performance until such safety standanils can be attained. If within a reasonable time site operattons or conditions are not brought Into com^Hiance with such safety standards, Consultant may in its discretion terminate its performance in acconJance witii Section 15.0, in which event Client shall pay for services and terminatton expenses as provided herein. 14.0 NOTICE A l notices to either party by the other shall be deemed to have been suffidentty given when made in writing and delivered in person, by fecsimile, email, certified mail or courier to the address of the respective party or to such other address as such party may designate. 15.0 TERMINATION The perfonnance of work may be terminated or suspended by either party, in whole or in pari Such tennination shall be effect^ by delivery of seven (7) days prior written notice specifying the extent to which performance of work is tenninated and the date upon which such action shall become e f f ^ v e . In the event wort( is terminated or suspended by Client (or by Consultant as provided herein) prior to the completion of services contemplated hereunder, Consultant shall be paM for (i) the services rendered to the date of termination or suspension; (ii) demoUlizatton costs; (iii) costs incurred with respect to noncancellable commitments; and (iv) reasonable s e n ^ s provided to effectuate a professional and timely project termination or suspension. 16.0 SEVERABILITY If any term, covenant condition or provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of these Terms and Conditions shall remain in full force and e f f ^ and shall in no way be affected, impaired or invalMated thereby 17M WAIVER Any waiver by either party or any proviskin or condition of these Terms and Conditions shall not be construed or deemed to be a waiver of a subsequent breach of the same provision or condition, unless such waiver is so expressed in writing and signed by the party to be bound. 1B.0 GOVERNING LAW These TOTTIS and Conditions will be governed by and construed and interpreted in accordance with the laws of the State of New Jersey. 19.0 CAPTIONS The captions of these Terms and Conditions are intended solely for the convenience of reference and shall not define, limit or affect in any way the provistons, terms and conditions hereof or their interpretation. 20.0 ENTIRE A G R E E M E N T These Terms and Cwtditions, and the Scope of Woric, represent the entire understanding and agreement between ttie parties and supersede any and all prior agreements, whether written or oral, and may be amended or modified only by a written amendment signed by both parties. Client is obligated to satisfy Itself as to legal provisions and insurance coverage in ttiese tenns and conditions and failure to advise Consultant to ttie contrary shall constitute acceptance of ttiese terms. �RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW TO APPROVE CORRECTION TO TAX ROLL FOR 322 NORTH BROADWAY WHEREAS, a clerical keystroke error occurred in the preparation of the 2015 Final Assessment Roll as follows: Parcel 115.11-4-84 for 322 North Broadway; Is owned by FOE Tarrytown Aerie 1042: The combining of multiple vacant lots into the main parcel was incorrectly entered, and WHEREAS, the correct assessment will result in the taxable assessed value of the property on the 2015 Assessment Roll being reduced from $358,980 to $162,780, and WHEREAS, correction of this error will result in the 2015-16 Village tax on the property being reduced from $27,642.03 to $12,534.32, and WHEREAS, property owner has paid more than the corrected full amount due for both halves of the 2015-16 tax year in the amount of $13,821.01, and WHEREAS, an application for correction to the tax roll was submitted by the Village Assessor to the Westchester County Tax Commission, and WHEREAS, said application was found to be in order by the commission pursuant to RPTL Section 550.2(c), NOW THEREFORE BE IT RESOLVED, that the Mayor and the Board of Trustee approve the application to correct the 2015 Village Assessment Roll to reflect a taxable assessed value of $162,780, and BE IT RESOLVED, that the Mayor and the Board of Trustees approve a refund to the owner for the overpayment of $1,286.69 to the total tax due as stated on the 2015-16 Village Tax Roll, and BE IT FURTHER RESOLVED, that each of the Mayor and Village Clerk is authorized to sign an Application for Refund and Credit for Real Property Taxes for the year(s) 2015 to effectuate the foregoing correction and refund. Moved: Deputy Mayor Lobato-Church Seconded: Trustee Leavy Vote: Unanimous �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Approve NYCOM Training Be It Resolved tfie Board of Trustees liereby autfiorizes the Village Treasurer, Sara DiGiacomo, to attend the annual fall training for NYCOM in Lake Placid, NY, from September 28^ to October X^, 2015. Moved: Trustee Wompa Seconded: Trustee Handelman Vote: Unanimous �MEETING DATE: 09/29/2015 RESOLUTION#: 09/116/2015 RESOLUTION O F T H E BOARD O F TRUSTEES O F T H E V I L L A G E O F SLEEPY H O L L O W REGARDING T H E R E M O V A L O F FCBs F R O M T H E HUDSON RIVER WHEREAS, the Hudson River is an American Heritage River, and the Valley a National Heritage Area, and the health and beauty of the Hudson River is critical to the economic vitality of the communities surrounding it, as well as the state and the country at large; and WHEREAS, nearly 200 miles of the Hudson River — from Hudson Falls to New York City — are a federal Superfund site, largely because the General Electric Corporation (GE) discharged large quantities of polychlorinated biphenyls (PCBs) from two of its manufacturing plants for thirty years, between 1947 and 1977; and WHEREAS, it has been reported that PCBs are manmade, bioaccumulative, persistent organic pollutants that have been linked to a wide variety of adverse health effects, including, among others: cancer, liver, and kidney disorders; reduced birth weight, conception rates, and live birth rates; persistent and significant deficits in neurological development, including visual recognition, short-term memory and learning; and developmental problems due to interference with thyroid hormone levels; and WHEREAS, PCBs discharged by GE are present throughout the Hudson River ecosystem; and WHEREAS, human beings may be exposed to PCBs by a variety of means, including eating PCB-contaminated fish or other contaminated foods, breathing in airborne PCBs, drinking PCB-contaminated water, or skin contact with PCB-laden soils; and WHEREAS, in addition to posing ongoing health concerns, the continued presence of PCBs in the Hudson River has, or may have, adverse impact on industry, tourism and recreational activities reliant on the good health of the Hudson River, and WHEREAS, EPA determined in 2000 as part of its Reassessment Remedial Investigation/Feasibility Study (RI/FS) for the Hudson River Superfund Site that PCBs in the upper Hudson were a "dominant source" of "the PCB load to the water column of the Upper Hudson River," and that microbial breakdown (natural attenuation) will not rid the River of PCBs; and WHEREAS, the EPA's 2002 Record of Decision for the Hudson River Site selected environmental dredging and off-site disposal of PCB-contaminated sediment from the Upper Hudson River as the best river sediment remedy to reestablish the ecological and economic health of the Hudson River; and WHEREAS, since July of 2002, GE has agreed to a series of administrative orders of consent and has entered into a consent decree with EPA, all in which it has agreed to perform activities needed for implementation of the selected remedial action for river sediments; and WHEREAS, this remedy segmented the Upper Hudson River into three sections by latitude, with a more stringent cleanup standard applied to River Section I than to River Sections 2 or 3; and WHEREAS. GE commenced the first phase of remedial dredging in 2009, and the second and final phase in 2011; and WHEREAS, in 2011, the U.S. National Oceanic and Atmospheric Administration and the U.S. Fish and Wildlife Service—the two federal agencies, along with the State of New York, entrusted with assessing the cost of GE's significant and outstanding "natural resource damage" liability for public losses incurred as a result of GE's pollution of the Hudson River (the "Trustees")—published reports identifying a number of problems with the 2002 river sediment remedy as implemented; and WHEREAS, these problems included, among others: that failure to apply the more stringent criteria in River Sections 2 and 3, in practice, would leave behind the "equivalent to a series of Superfund-caliber sites" in those sections with average surface concentrations at "five times higher af^er remediation than predicted by the 2002 remedy;" that "the majority of the elevated post-construction sediment concentrations are adjacent to planned dredge areas" resulting in "the high likelihood of remediated areas becoming recontaminated;" that the rate of decline of PCBs in fish "was significantly overestimated" by earlier EPA models; and that unremediated sediments "will eliminate significant opportunities for restoration of natural resources in precisely those locations where it would be most valuable;" and �WHEREAS, despite these significant concerns, no modification to the scope or implementation of the 2002 river sediment remedy has been made either by EPA or GE; and WHEREAS, significant amounts of PCBs also remain in the Hudson River floodplains, and portions of the Old Champlain Canal in Schuylerville; and WHEREAS, GE anticipates it will complete its limited dredging operations in 2015, and presumably will begin dismantling its multi-million dollar infrastructure constructed for the dredging and dewatering of contaminated sediments shortly thereafter; and WHEREAS, in September of 2014, GE agreed to an administrative order on consent regarding study of the Upper Hudson River floodplains to assist in the creation of an RI/FS for remediating those floodplains; and WHEREAS, remaining PCB contamination within the river and the floodplains may inhibit private and public growth, development, and recreational and business opportunities along the shores of the Hudson River and may present the risk of recontaminating the previously-cleaned areas planned for business or recreational use; and NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow hereby urges GE to engage in serious conversations with EPA, the Trustees, and/or any other relevant parties to develop and execute a plan, before the existing dredging and dewatering infrastructure is dismantled, that will consider: (1) the dredging of all areas of PCB-contaminated sediments in River Sections 2 and 3 that would require cleanup under the applicable-standards in River Section 1, including, at minimum, the 136 acres identified by the federal Trustees; (2) any additional necessary removal of soils and sediments in PCB-contaminated "hot spots" in and around the Upper Hudson River, including cleanup of the Champlain Canal to ensure full use of the canal by deep-draft shipping vessels; (3) a thorough analysis and robust cleanup of other areas in and around the Hudson River, including the floodplains and the Old Champlain Canal; and (4) the creation of a plan for and firm commitment to restoration of the Hudson River in order to return the River to its full health and value as a natural and economic resource, and BE IT FURTHER RESOLVED that a copy of this resolution will be sent to: • Jeffrey Immelt, Chairman and CEO, General Electric Corporation • New York State Governor Andrew Cuomo • NYS Office of the Attorney General • NYS Department of Environmental Conservation • NYS Canal Corporation • National Oceanic and Atmospheric Agency (NOAA) • US Department of Interior Fish and Wildlife Service • US Environmental Protection Agency - Region 2 and Hudson River Field Office • Hudson River Congressional Delegation Motion made at a regular meeting of the Board of Trustees of the Village of Sleepy Hollow, on September 29,2015 by Trustee Leavy, and seconded by Trustee Handelman Vote: Unanimous �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Block Party Be It Resolved the Board of Trustees hereby authorizes the Farrington Avenue block party request to tal<e place on Saturday, October from 4:30 pm to 11:00 pm between Bellwood and Monroe Avenues; and Be It Further Resolved the Board of Trustees directs the Chief of Police to coordinate the public safety issues with the applicants for the block party. Moved: Trustee Scaglione Seconded: Trustee Rosenbloom Vote: Unanimous Meeting Date: 09/29/2015 Resolution #: 09/117-B/2015 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Block Party Be It Resolved the Board of Trustees hereby authorizes the Hunter Avenue block party request to take place on Saturday, October from 4:30 pm to 11:00 pm on Hunter Avenue nearby and around 148 Hunter Avenue. Be It Further Resolved the Board of Trustees directs the Chief of Police to coordinate the public safety issues with the applicants for the block party. Moved: Trustee Scaglione Seconded: Trustee Leavy Vote: Unanimous �Resolution of the Board of Trustees of the Village of Sleepy Hollow Awarding Hayride Production Bid Whereas, proposals were solicited from qualified companies to produce a haunted hayride show for two nights on October 23"^ and October 24th 2015, and Whereas, the request for proposals were properly noticed; and Whereas, Halloween Animatronics of Mount Kisco, NY was the sole bidder at a cost of $30,000. Now, therefore, be it resolved that the Board of Trustees hereby awards a bid to Halloween Animatronics of Mount Kisco, NY to provide a haunted hayride show for two nights on October 23'"' and October 24^ 2015 at a total cost of $30,000. Moved: Deputy Mayor Lobato-Church Second: Trustee Leavy Vote: Unanimous �Resolution of the Board of Trustees of the Village of Sleepy Appointing Sangeeta Tiwari as a Crossing Guard WHEREAS, a position for part time on-call crossing guard is needed; and WHEREAS, in order to maintain tine safety of scliool children and pedestrians, this position should be filled as quickly as possible; and WHEREAS, Sangeeta Tiwari has applied for the position of crossing guard; and WHEREAS, the Chief of Police has recommended that Sangeeta Tiwari be hired on a part time basis to fill this position; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow hereby approves that Sangeeta Tiwari be hired on a part time basis to work as a crossing guard for the Village of Sleepy Hollow at a salary rate of $15.00 per hour. Moved: Deputy Mayor Lobato-Church Seconded: Trustee Leavy Vote: Unanimous �Resolution of tlie Board of Trustees of the Village of Sleepy Hollow Setting a Public Hearing to Obtain Citizen Comment on The Village's Proposed 2015 Community Development Block Grant Application Submission Whereas, the Mayor and Board of Trustees of the Village of Sleepy Hollow have reviewed prospective grant applications for funding streetscape improvements to Broadway, Beekman Avenue and North Washington Street, sewer improvements to Clinton Street and a new senior van; and Whereas, the Mayor and Board of Trustees strongly support continued efforts to provide grant funding to finance the needed upgrade and enhancement of public infrastructure and facilities in the village's neighborhoods, and Whereas, prior to finalizing and submitting said grant applications the Mayor and Board are desirous of obtaining citizen comment on the specific proposed projects, Now, Therefore, Be It Resolved that, the Village Board herein sets a public hearing for 7 p.m. on October 13^ 20015 to take place in the boardroom at Village Hall, 28 Beekman Ave., Sleepy Hollow, New York. Moved; Trustee Rosenbloom Vote: Unanimous Seconded: Trustee Handelman � 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-2015 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_2015-09-29_RES-113-120 Subject The topic of the resource Board of Trustees Minutes-2015 Date A point or period of time associated with an event in the lifecycle of the resource 2015 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