https://sleepyhollow.localarchives.org/files/original/70f27409af80a088871fb203333198ae.pdf 4a66ffd47ce93c1ec81977cc0a4361f4 PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, July 23, 1996 in Village Hall, 28 Beekman Avenue,North Tarrytown, New York at 8:00 PM. Present: Mayor Sean Treacy Richard C. Sweet Morris Alter Mario DiFelice Jose Chevere, Jr. Patricia Ramsey John T. Hayes, Jr. Trustees Also Present: Linda E. David, Village Administrator Janet Gandolfo, Village Attorney Executive Session-7 PM Discussion ensued on a personnel matter in the Police Department. Trustee Alter moved, second by Trustee Ramsey to open the regular portion of the meeting, motion carried. Mayor Treacy called the meeting to order with a pledge to the flag. Attached resolution #7\111\96 promoting Sergeant Jimmy Warren to Lieutenant was passed. Public Hearings Mayor Treacy read the attached public hearing notice regarding amending the "Tree Conservation" ordinance. Trustee Sweet gave a brief explanation of the changes proposed to the Tree Ordinance. Trustee DiFelice moved, second by Trustee Ramsey to open the public hearing, motion carried. Donald Stever,Chairman of the Conservation Advisory Council commented that the Council has been working on these revisions for several months and have contacted other villages and towns for copies of their ordinances. Angelo LaMascola commented that he does not have the most recent copy of the revisions and urged the Board not to revise the law until the people review the most recent revisions. Trustee Sweet moved, second by Trustee Alter to adjourn the public hearing to August 20, 1996, motion carried. Mayor Treacy read the attached public hearing notice regarding the Draft Generic Environmental Impact Statement regarding the Local Waterfront Revitalization Program. Trustee Alter moved, second by Trustee Chevere to open the public hearing, motion carried. 1 �Jeff Beach of the NYS Department of State commented that he has been helping the village with the Local Waterfront Revitalization Program for a few years a gave a brief explanation of the process involved in working towards its adoption. There were no other comments, Trustee Alter moved, second by Trustee Sweet to close this public hearing on August 3, 1996 to allow for written comments, motion carried. Mayor Treacy asked that the Board allow for public comments at this time so the public could comment on the GM agreement; Trustee DiFelice so moved, second by Trustee Alter, motion carried. Mayor Treacy thanked the members of the GM Advisory Council, Eliot Martone, George Hritz, Patricia Ramsey, Jose Chevere, Bob Anello, John Becker, Bill Jarr, Angelo LaMascolo, David Maloy, Don Stever and Jim Occhiogrosso for all their work on this agreement. He then read the attached GM agreement and gave a brief explanation. He commented that the GM Advisory Council has written a letter urging the Board to approve and execute this agreement tonight. Trustee Ramsey moved, second by Trustee Alter to open the public comment section, motion carried. George Hritz, Donald Stever and Donald Caetano felt this was a good agreement and urged the Board to vote for it tonight. Mario Belanich, Frank Rey, Marc Arduino, Chick Galella and Martin Kavicky had a few questions regarding the agreement such as reassessment, monitoring of the cleanup, etc. John Jadus asked that each trustee comment on the agreement. Trustee Alter commented that it is a very optimistic document and felt the clean-up will take place sooner than anticipated and stated that the EPL will be amended, not rescinded. Trustee Hayes commented that it is a good contract and felt the building will be demolished sooner than expected. Trustee Sweet commented that the concerns he had with the agreement were with the environmental aspects of it and with the manner by which this contract is going to create an economic impact on our village. Trustee DiFelice commented that it is a good agreement and on the advice of the attorney and others, this agreement is good for both General Motors and North Tarrytown. Trustee Chevere agreed with the rest of the trustees and that we must rely on the advice of the attorneys involved and the Advisory Committee. Trustee Ramsey commented that she read the agreement very carefully and checked with experts and commented that we had legal expertise on the wording. She was very comfortable with 2 ••• . • _ > • • ' • .; ••-; <•»»/« •111 ',' .i1:-. «v«' *'.'',*''4lfy. :;• ••• •. - \ ~ . •:,;:.•••;•>' �/3D this agreement. A couple of representatives of General Motors who were present made a few comments regarding the agreement. Chick Galella commented that the village should thank GM for their 112 years in this village. Trustee Ramsey commented that we plan to honor them. There being no further comments, Trustee Alter moved, second by Trustee Hayes to close this section, motion carried. Attached resolution #07/118/96 was then approved. Mayor Treacy thanked Donald Stever for all his work. Approval of Minutes Trustee Alter moved, second by Trustee DiFelice to approve the minutes of June 18, 1996 as written, motion carried 6-0. Approval of Warrants Trustee Alter moved, second by Trustee DiFelice to approve the General Fund warrants for a total of $93 0,809.67, motion carried 6-0, Trustee Ramsey moved, second by Trustee Alter to approve the warrants of the Water & Sewer fund for a total of $282,030.30, motion carried 6-0; Trustee Alter moved,second by Trustee Ramsey to approve the warrants of the Capital fund for a total of $87,441.70, and authorize the Treasurer to pay these bills, motion carried 6-0. Trustee Alter commented, thanks to Senator Suzi Oppenheimer, we will be receiving a $9000. grant for the "Are You Okay" program. He then read a letter from her regarding the state budget. Public Comments-Agenda Items Trustee Sweet moved,second by Trustee Ramsey to open the public comment section, motion carried. Several residents, Marc Arduino, Chick Galella, Mario Belanich, John Jadus had questions regarding a few of the resolutions. There being no further comments, Trustee Alter moved, second by Trustee DiFelice to close the public comment section, carried. Resolutions-Attached Old Business Trustee DiFelice asked about the status of boarding/rooming houses in the village. The Mayor commented that the attorney is gathering information on this and we will discuss it at the next work session. Janet Gandolfo commented that to eliminate boarding/rooming houses in the village requires a zoning change. Mayor Treacy stated that we will be planting a tree and placing a 3 �memorial stone in memory of Coleman Stillman near the area of the tragic fire at 106 Depeyster Street. New Business Mayor Treacy commented that there is a vacancy on the Library Board and Zoning Board. He appointed Joan Weiss to the Library Board to fill the unexpired term of Michaelian Hallie which expires in 1998. He appointed Linda Moiron to the Zoning Board of Appeals to fill the unexpired term of William Taylor which expires in 1998. Mayor's Report Mayor Treacy reported that report and will release it The Mayor commented that fireworks were all a great the GM Task Force has completed their in August. the firemens1 parade, carnival and success. Trustees' Reports Trustee Sweet reported that the Name Change Committee met and he read a letter from Chris Skelly regarding the proposed referendum and changing the election districts. Trustee Sweet read letter addressed to Chief Brophy from Chief Brown of Tarrytown commending Officer Campbell for his quick action and assistance during a robbery in Tarrytown. (Placed in personnel file) Trustee Sweet read memo from Chief Brophy regarding letter of commendation from Ms. Praino, Chairperson WL Morse School, to Officer Nevelus for his bicycle safety program, letter of commendation for Officers Camp and Pellegrino for their help and support during a recent 911 call.(Placed in personnel files.) Trustee Sweet read memo from Chief Brophy regarding Officer Cotarelo who won a bronze medal in pistol competition at the NYS Police Olympics.(Placed in personnel file) Trustee Sweet received a memo from Chief Brophy regarding D.A.R.E. Instructor School which will be held from September 30-October 11, 1996. Officer Nevelus and Corona will be unable to teach the program and the Chief is requesting $600. be taken from the Youth Account to send an officer for training. Correspondence from the Family of John Burhenne was read thanking Detective Reddy and Sgt. Booth for assisting their uncle during the Fire Department parade. (placed in personnel file) Trustee Sweet commented that on June 26, 1996 the New York State Legislature changed the Village law to include the former methodology of Planning Board member appointments. Trustee Alter gave an update on several recreation activities. Trustee Alter read a letter from Officer Checchi regarding the possibility of building of small snack building with a bathroom at Devries Park. �The Recreation Commission met tonight and they also agree that this building is needed. Trustee Alter read the attached public works report. Trustee DiFelice had no report. Trustee Chevere reported that the restaurant guide is being put together now and should be ready soon. Trustee Ramsey reported that we have some very talented volunteers working on the map and the guide. She asked that anyone having any suggestions to help make our village more beautiful, please contact her. Trustee Ramsey reported that the Cortlandt Street sidewalk project is at a standstill due to the fact that Con Edison is making repairs underground. Trustee Hayes reported that the next Library Board meeting will be held on September 19th. He received a letter from the Parade Committee thanking the Mayor and Board for all their help during the parade and the carnival. Trustee Hayes commented that he attended the senior citizen picnic. Communications, Petitions & Requests A letter from Jerome Rainey opposing to the rezoning of the waterfront for parkland was read. Administrator's Report Linda David reported on the Zoning Board agenda to be held on August 21st at 8 PM and the Architectural Review Board agenda for July 24th at 8 PM. Public Comments Trustee Ramsey moved, second by Trustee Alter to open the public comment section, motion carried. Mr. Kavicky asked about the repairing of the bridge to Kingsland Point. Mr. Galella asked about the section of the law regarding the proposed referendum on the name change. There being no further comments, Trustee DiFelice moved, second by Trustee Sweet to close this section, carried. There being no further business, Trustee Alter moved, second by Trustee Ramsey to adjourn the meeting, carried. Respectfully submitted, Angela Everett Deputy Village Clerk 5 �RE-NOTICE PUBLIC HEARING VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Board of Trustees of the Village of North Tarrytown will hold a public hearing on Tuesday, July 23, 1996 at 8:00 PM or soon thereafter in Village Hall, 28 Beekman Avenue, North Tarrytown, New York to hear and consider amending Chapter 52 A entitled "Tree Conservation". A copy of said proposed amendment is available in the Village Clerk's office. All interested parties are invited to attend and be heard at said hearing. By Order of the Board of Trustees Angela Everett, Deputy Village Clerk Dated: July 8, 1996 �/3f 4;V.;.>:::;;.t;->; S I ««.; #,',«(' ',l.»'.',,^,i,^^»rf' PUBLIC HEARING NOTICE VILLAGE OF NORTH TARRYTOWN Please take notice that the Village of North Tarrytown will hold a public hearing on Tuesday, July 23, 1996 at 8:00 PM or soon thereafter in Village Hall, 28 Beekman Avenue, North Tarrytown, New York to hear and consider public comments on the Draft Generic Environmental Impact Statement regarding the Local Waterfront Revitalization Program. All written comments may be submitted to the Board of Trustees prior to the hearing date and up to and including August 3, 1996 unless further extended by resolution of the Board of Trustees. I All documents pertaining to this hearing are located in the Village Clerk's office and may be reviewed from 8:30AM-4:3 0PM. All interested parties are invited to attend and be heard at said hearing. By Order of the Board of Trustees Angela Everett, Deputy Village Clerk Dated: July 10, 1996 i �Meeting Date: Resolution #: 07-23-96 07-111-96 Now, Therefore, Be It Resolved that the Board of Trustees approves the Mayor's appointment of Jimmy Warren, 66 College Avenue, North Tarrytown, New Yor*; to the position of Police Lieutenant from Civil Service List No. 79-949PR effective July 29, 1996 at an annual base salary of $61,993.81 for a probationary period to extend for 6 months from the effective date of this appointment. MOVED: Trustee Ramsey SECONDED: Trustee Alter i VOTE: 6-0 i �/3(? i Meeting Date: Resolution #: 07-23-96 07-112-96 Whereas, the Village has just stocked the Pocantico River with trout for the enjoyment of fishing enthusiasts, I Now, Therefore Be It Resolved that the Board of Trustees based on the recommendation of the Recreation Commission does hereby authorize the attached trout fishing regulations to be effective immediately. MOVED : T r u s t e e Meeting Date: Resolution #: Sweet SECONDED trustee Ramsey VOTE: 6-0 07-23-96 07-113-96 Now, Therefore Be It Resolved that based on the approval of the Hudson Valley Writer's Center the Board of Trustees does hereby authorize the Mayor to execute the change order for the Philipse Manor Restoration Project as requested by SoundBuild, Inc. the Construction Management Company for the following amounts: Description i r Original Fee Requested Increase Total Fee $7,500 $1,250 $56,948 $ 6,250 Project Management Misc. Expense Allowance $49,448 $ 5,000 M0V SECONDED:Trustee Hayes E D : Trustee A U p r . .VOTE: fc-0 �Meeting Date: Resolution #: 07-23-96 07-114-96 Whereas, Father Mazza has requested that the Village approve a circus parade to begin at 7:30 PM on August 16th and that the parade route be from Patriots Park to Broadway to Beekman Avenue continuing to North Washington Street back to the Immaculate Conception Church for their Bazaar, Now, Therefore, Be It Resolved that the Board of Trustees does hereby approve this request. MOVED: Trustee Ramsey Meeting Date: Resolution #: SECONDED: Trustee DiFelice VOTE: 6-0 07-23-96 07-115-96 Now, Therefore, Be It Resolved that the Village Board of Trustees authorizes the Mayor and the Village Treasurer to apply for a credit card for the Village of North Tarrytown with the Bank of New York and authorizes the following persons to be signatories on this card: Sean Treacy, Mayor, Linda David, Village Administrator and Sanjay Shah, Village Treasurer. MOVED: Trustee Ramsey SECONDED: Trustee Alter VOTE: 6-0 �Meeting Date: 07-23-96 Resolution #: 07-116-96 RULES AND REGULATIONS FREEDOM OF INFORMATION LAW ARTICLE 6, PUBLIC OFFICERS LAW Whereas the governing body of each public corporation located in the State of New York is required to promulgate uniform rules and regulations for all agencies in such public corporation pursuant to such general roles and regulations as may be promulgated by the committee on open government for the state of New York in conformity with the provisions of Article 6 of the Public Officers Law, and Whereas it is the intent of the Board of Trustees of the Village of North Tarrytown to adopt roles and regulations to comply with said statute; Now, therefore be it resolved that the following rules and regulations are hereby adopted and made a part of the official minutes of the Village of North Tarrytown; 1, The Village Clerk shall be the designated public records access officer for records regulated by the Public Officers Law for every department or agency of the Village of North Tarrytown. Any department head, employee or other agent of the Village receiving a request under Article 6 of the Public Officers Law shall immediately forward such request to the Office of the Village Clerk. 2. All written requests for public records for any department or agency of the Village of North Tarrytown shall be submitted to the Village Clerk at Municipal Hall, 28 Beekman Avenue, North Tarrytown, New York between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, except holidays. 3 The fees for copies of records shall be twenty-five ($.25) cents per photocopy for copies not in excess of nine inches by fourteen inches, or the actual cost of reproducing any other record. 4 All public records shall be made available for public inspection and copying, except access may be denied to records or portions thereof that: a) are specifically exempted from disclosure by state or federal statute, b) if disclosed would constitute an unwarranted invasion of personal privacy An unwarranted invasion of personal privacy includes: i. disclosure of employment, medical or credit histories or personal references of applicants for employment. ii. disclosure of items involving the medical or personal records of a client or patient in a medical facility iii. sale or release of lists of names and addresses if such lists would be used for commercial or fond-raising purposes, iv disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the agency requesting or maintaining it; or v. disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency or vi. disclosure would be a violation of Article 6-A of the Public Officers Law, Personal Privacy Protection. �Disclosure shall not be construed to constitute an unwarranted invasion of personal privacy when; i. when identifying details are deleted ii when the person to whom a record pertains consent in writing to disclosure; iii. when upon presenting reasonable proof of identity, a person seeks access to records pertaining to him. c) if disclosed would impair present or imminent contract awards or collective bargaining negotiations; d) are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise, e) are compiled for law enforcement purposes and which, if disclosed would: i interfere with law enforcement investigations or judicial proceedings, ii. deprive a person of arightto a fair trial or impartial adjudication; iii identify a confidential source or disclose confidential information relating to a criminate investigation; or iv. reveal criminal investigate techniques or procedures, except routine techniques and procedures. f) if disclosed would endanger the life or safety of any person; g) are inter-agency or intra-agency materials which are not: i. statistical or factual tabulations or data, ii. instructions to staff that affect the public; iii. final agency policy or determinations; or iv. external audits, including but not limited to audits performed by the comptroller and the federal governments h) are examination questions or answers which are request prior to the final administration of such questions. i) are computer access codes. 5. The Village Clerk shall, within five (5) business days of the receipt of a written request for a record reasonably described, shall make such record available to the person requesting it, deny such request in writing or furnish a written acknowledge of the receipt of such request and a statement of the approximate date when such request will be granted or denied. 6. Upon payment of, or offer to pay, the fee prescribed herein, the entity shall provide a copy of such record and certify to the correctness of such copy if so requested, or as the case may be, shall certify that it does not have possession of such record or that such record cannot be found after diligent search. Nothing in this article shall be construed to require any entity to prepare any record not possessed or maintained by such entity except each agency shall maintain a record of thefinalvote of each member in every agency proceeding in which the members votes; and a record setting forth the name, public office address, title and salary of every officer or employee of the agency; and a reasonably detailed current list by subject matter, of all records in the possession of the agency. -mm ii �J*.o I 7. A denial of access to a record may be appealed by the person denied the access I within (7) days of written notice denying the request to the Mayor of the Village or his/her designated representative. 8. The appeal shall be determined within (10) business days of the receipt of the appeal. Written notice of the determination shall be served upon the person, in person or by regular mail, requesting the record. The notice shall contain a statement of the reasons for the determination. 9. All records subject to a written request for access or copying shall be preserved and otherwise not modified, amended or destroyed by any department head, employee or agent of the Village until a final determination has been made by the Village Clerk and/or the Mayor, if applicable, and the department head, employee or agent of the Village has been so notified by the Mayor in writing that afinaldetermination has been made. So ordered, Board of Trustees J u l y 23 , 1996 MOVED: Trustee D i F e l i c e SECONDED: T r u s t e e Chevere V0TE. 6-0 The Village Administrator is directed to distribute this to all Department Heads. �Meeting Date: Resolution #: 07-23-96 07-117-96 Now, Therefore, Be It Resolved that the Mayor and Board of Trustees authorizes the employment of Emmanuel Lobato, Esq. to defend the matter of Clay Tiffany v. North Tarrytown at $100.00 per hour. MOVED: Trustee Ramsey SECONDED: Trustee Hayes VOTE; 5-0-1 Trustee Sweet abstained. Meeting Date: Resolution #: 07-23-96 07-118-96 Now, Therefore, Be It Resolved that the Board of Trustees does hereby authorize the Mayor to execute the attached agreement with General Motors. MOVED: Trustee Ramsey Meeting Date: Resolution #: SECONDED: Trustee Alter VOTE:6-0 I 07-23-96 07-119-96 Nov/, Therefore, Be Tt Resolved that the Board of Trustees does hereby authorize the settlement of the Campbell claim against the Village of North Tarrytown in the amount of $2,007.65. MOVED: Trustee Hayes SECONDED:TrnafPP Alter VOTE: 6-0 �/'/ " * * • * ' ' . ' • > ' , •"• ' . i " , -. ?8-96 FR! 08 = 07 GENERAL LIT13ATICM .•' FAX NO. 313 974 0343 This Agreement (* Agreement"), dittd June P. 02/09 , 1996, is entered into by and between General Motors Corporation, a Deltwore Crarpomtion (" GM"), and the Village of North Tanytown, New York (Ihc "Village"). The effective date of this Agreement ("Effective D a t O will be determined pursuant to paragraph 4.1 below. RtUTAJ-S Since the early 1900s, GM has owned and operated a large motor vehicle assembly plant known as the North Tarrytown Assembly Plant (the "Plant*1) at 199 Reehnan Avenue in the Village (the Plant and contiguous property ovmad and'or leased by GM art herein referred to as the "Site"). GM iirtends to cease production of motor vehicles at the plant on June 28,1996 (the "'Plant Owing DaiOGM desires to assure the Villige thai the Site is cleaned up In accordance with federal end New York St2ie environmental laws and recularions to protect the public's health, safety and welfare. Tha Village desires that the reuse of the She be substantially ennxteent with the Village's Local Waterfront Revitalizaiion Plao ("LWRP'*) or, u~ien approved by the Village, the Finure Uss Study rcccrrurtcndstions described bciow. The actual us* or reus* of the Site has not been d« ermined at this time. In 1985, GM conveyed the Plant and the Site to ihe Mount Pleasant Industrial Development Authority (the 'IDA"), v.hich simultsneously leased the property to GM pursuant to ike terms of a Payaient in Lieu of Taxes A^rsement dated Septcmba L3,1955. In May 1903, the Village er.ar.ted, and in May, 1994 amended, a local law (Chapter 17(A) to the Villog* Code) cnt>U*i the u Eavj renin* nuil Protection and Abandoned Industrial Property Reclamction Law" (the "EPL"), which imposes certain environmental cleanup oblig.iiicns :cid would, by its tenns, l>c applicable to GM k?r :hc Plant :md Site. GM has ndvis«d tha Village that, in nnHDHim »•> .-, . nwmn >HINV"VAV1 IMS" �JUN-28-96 FR1 08:06 v GENERAL LITIGATION FAX HO. 313 974 0343 P. 03/OS CM's opinion, the EPL is invalid under State and Federal law. The Village disputes GM's contention. In 1993, GM commenced a civil action (the ''Declaratory Judgment Action") in th« United Stales District Court for the Southern District of New York, Index No. 93 Civ. 7645 (CLD) seeking a declaration to the effect thai the EPL is invalid and en injunction against its enforcement. By Stipulation dated September 13, 1995, the Declaratory Judgment Action was discontinued, without prejudice, pending completion of discussions leading to this Agreement; NOW, THEREFORE, the Village tad GM hereby cgre* as follows: 1. Environmental A^cssiuent aod Remediation of the P!nnt and Site 1.1 OM will, 21 its Sole cost, design £od carry out an environmental assessment and remediation of the Site. The environment essessmart and remediation shall be designed to comply with ill applicable federal and New York State environmental laws and regulations that may be applicable to the Plant and Sha-for the future us« or reuse of tho Site. GM shall develop risk based remedial criteria, using scientifically valid and reasonable risk assessment methodologies, to nxxi applicable fedsral or Ncvr Ycik remedial standards for Hf!.?trdouft Subsianoss that are iubj*ct to the Comprehensive Environmental Reqxsuc, Compensation, end Liability Act (42 U.S.C. 9601, ct seq.) and for any sab surface asbestos, PCBs or petroleum products for which there are no federal OT New York Ststs standards at the Plant and Site for the specificfotureuse or reuse of the Sire. 1.2 GM will furnish to the Village CO copies of any substantive reports submitted to tho New York Department of Environmental Conservation or any oihet g»weramcol agency relating to the rcmcdi&tion of the Site, £i\d (ii) a quarterly suavruu-y report of all rcrnedi;\l invcs'.igau'oru, assessment actions and activities relating IO the remediation of the Site. 2. iz/^u-.z^zzu Future Use tad Imposition of the Site KVIvMi: 96-9C-9 , .'•.•• V'-'^-.'OI'." a m O T l JBiWO-.AQ IMS �•Vr;*;.;;'! • • ; ; • / ' :'. P8-96 FR1 08:C8 GENERAL LITIGATION 2. ] FAX X. 313 374 0343 P. C</09 An independent consultant has been retrained to conduct a study of potential Unure USCS of the Site and to provide a report of recommendations for alternative future uses of OK Site. CM has provided financial support tor the study and will continue to cooperate with the Village to obtain an appropriate reuse for the Site by providing for responsible potential users information concerning the She and Allowing reasonable inspection of the Site. 22 OM shall commence demolition of tbe Planl within four years after the Plant Closing Date, unless GM, prior to the completion of the four year period, (a) transfers its interest In the She to a bona fide purchase* aod financially qualiScd independent user who shall provide binding assurances, satisfactory In form and content to the Village:, thai the Site and any remaining portions of tbe Plant wiU be reused in a manner and for a purpose consistent with the LWUP or the Future Use Study recommendations as approved by the Village; or (b) resume full-scale use of the Plant for GM's OUT) vehicle rnimuiacturiag or assembly. The demolition shall be conducted by a qualified end duly licensed contractor who shall proceed with and corzplete the demolition of -A\ building and other structures on the Site, except those that rosy be retained for future \x* and subsurface structures the removal of which is not required for the reasonably forsecable uses of the Sne, at a pace that is consistent whh the standards in the demvlition trade which will not endanger workers or outers on or around tfcc Site. It Is estimated that demolition can be substantially completed wiib'in epproxijnately 18 to 24 months from commencement GM shall select a demolition contractor who provides reasonable assurances that, absent unforeseen circumstances beyend the rettor^blc control of die conutrtDr, deiuoiitioa will be carried out without unrtiLVDnAblc interruptions and t>o completed within 24 months from conuncixreruent of the demolition. The demolition pcmiit fee shall bo n $20.00 filing fee plus $7.50 per 51,000 of the oijicuiit by which the estimated demolition cost to GM exceeds $250,CCX). For purposes of the 3 nwinn jni^v."):.^ i\3S �JUN-!>B-88 FBI 03:0e GENERAL LITIGATION FAX HO. 213 974 0343 P. 05/03 csum&tc, the estimated demolition COST to OM sfuUJ include the cost of ttemuliu'on of the Plant and removal of the demolition byproducts from the Sits, if applicable, and shall not include the cost of environmental assessment and remediation pursuant to paragraph 1 of this Agreement. The Village agree* that CM will not be responsible for any additional demolition related fees and waives the right to collect any such demolition fees. The Village also agrees not to impoao any unusual or unreasonable restrictions or prohibitions en demolition of the Plant or management of the by-products of such demolition. In the event that a partial industrial reuse of the She is planned, GM will proceed with the demolition commitment of this paragraph with respect to those structures a-hlch vwiii not V* used for such use. Tf the Village elects to take the easement provided in paragraph 2.5 and'or cxrrcise the option to purchase the Salaried Employee Parking Lot provided in paragraphs- 2.6 and 2.7, any us* of the Site pursuant to the easement and the purchase shall be restricted according to the requirements of the environmental assessment and ^mediation under paragraph I and The demolition under paragraph 2.2. 2J GM hereby grants to the ViUage an option (the "Site Option**) to purchase, si the Option Price specified below, all of GM's interest (a) under the IDA Lease and (b) in and to iha Site and all improvements thereon in the event thai GM has not, Within five yean after iho Plant Closing Date, conveyed such interact to a bona ride third party purchaser other thro iolcly en affiliate of GM. The Option Price shall equal the then fair mirket value of GM'c interest in the Sire, after deducting any sums still required to be spent by GM to (a) demolish and dispose of the Plcfit £^d fo) complete the enviiynjiiciiitil cleanup mxsn" pardgiapU 1.1 bacof. 2.4 In the event the Village elects to exercise the Site Option, h shall notify GM in writing within ISO days arte five years Irom the Plant Closing Dale (the '"Option Period") and shall Bntcr into an customary form of agreement to purchase GM's interest in the IDA Lease and 4 •.:• '.v:. , l .;;- , ; v .i-'.-. s * : 'V , :•• ••tVt;'v:V ';.'-\': •; ''"'.'ti'.'.'.iV �/?£ I JUK-28-96 FR1 03:09 GENERAL LITIGAHON FAX K l 313 974 C343 F. CP/OS the She within :hc Option Period The closing of such purchme shall Ukt place it a mutually convenient location as soon as reasonably practicable* after the execution of such purchase agreement (and, in r.o event, more than 60 days after the trod uf the Option Period) and shall be held at a location agreed by the parties, at which time the Village shall pay to GM the entire Option Price. In the event the parries are unable tr> agree upon the Option Price, the Option Price shall be determined by a single arbitrator in accordance wjih the rules of the American Arbitration • Association and the closing will occur within 60 days following the date the arbitration decision becomes find. 2.5 To assist the Village in facilitating public access vo ibc Hudson River wetcrfroni, GM grarJs the Village a temporary easement to construct, as psn of the Village's •'Grcenway Project,1' a public walkway "over the rocks" ftt the location indicated on Exhibit A hereto. A permanent location for such walkway will he identified after the use of the Site is determined, after which euch waikway shall be incorporated in the overall reuse plan for the Site in a manner ihet docs not materially interfere with such reuse. As scon aj reasonably practicable ihc;esJprr, GM alsdl &rcni to the- Village t permanent casement, in properly jccordablc form, foj such pensaieni waJJewsy. The construction and maintenance of both the Temporary aid fjennaiienl waiJcways shall be the so!e responsibility of the Village, which -will inxlcnurify GM againit any i liability resulting from the construction, maintenance and use of such WBlJcways, provided that nothing herein sh&J! relieve GM of liability for (or rjquire the Village tn indemniiy GM against) any claims, duin^c or injury resulting tTom negligence or misconduct on the part of GM or from uny J{a2Aidou» Substances currently on iho Site or released during the course of GM's remediation or otherwise itaulcjng Gum *my past, present or fumie activities of GM , „ „ . ,--t 1 M 1 M M 1 IC 1 «,""!»" �JUr<-?2-96 FRI 03:03 GENERAL LITICAnCN 2.6 FAX NO. 313 974 C343 P. 07/09 CM hereby grants to the Village an option (tbe "Parking Lot Option") to purchase, u the Parking Lot Option Price specified below, the "Salaried Employee Parking Lot" identified oa Exhibit B hereto (the "Parking Lot"). The Parking Lot Option Price shall equal the sair jnarkct veiue of the Poking Lot c4 the time that option i3 exercised. The Parking Lot Option shall be exercisable by the Village oi any lime within iSO d a p after the Plant Closing Date. The Village snail be entitled to elect to exercise the Parking Lot Option regardless of whether it exercises the Site Option referred to in paragraph 2.3. 2.7 To exercise the Pailang Lotbn Oph'on, the Village shall notify GM in writing within th« Option Period icSejed TO in Seeaon 2.6 hereof. As coon k£ reefionably practicable after such notice, GM end tbc ViL!age shall enter into a customary form of sales agrcejacnl for the Parking Let The closing of the sale of the Perking Lot shall take place aa soon as reasonably ptacdcable after the execution of such sales agreement (and. Ln any even!, within 180 days after the end of the Option Period) and shall be held a; a mutually agreeable location, at which time the Village shail pay u) GM the entire Parking Lot Option Price. In lfc9 event l i e pcrtics fire unable to agree upon the Parking Lot Option Price, the matta shall be deierroined by a single arbitrator in accordance with the rales of the American Arbitration Association and the closing will occur within 60 days following the date ihc arbitration decision becomes final. 2.5 Upon request by the Villuyt, GM shall promptly execute and deliver to ihc Village ai! such instruments, and take d l such ftinhcT fictions, as the Village may reasonably rcw'jcst to svider.Cv and record the Site Optica, ibe fcrkL'^ Lai Coition (if Uw Village j/Lirchascs the Sire or Parking f nt) and tha temporary or permanent cascmeois referred to ia SecnCQ 2.5. 3. PzyzrtciM in Lieu of Tax Agreement r> «V7---U: GB-«;:-3 : -v , •'.' .. • .• . (TdYAOJi H312Y.}:Ag L\"3S . ;.••_•"•••; ' n r ; •-!.•. .' "•'.••.'•'•*'••.'** , ' ' - : Y • * ' . : ! ' . • • •.'»•>'. .'.•'. •: • ;. ,•»'.;.;-w. ••• ' • ; • . ' ' . " • • • / . ' • • • . • ' . v . v ' •••• •••, • • .• �c^-SB m 08:09 3ENE3AI. LITIGATION 3.1 FAX NO. 313 974 0343 F. 08/3S The Payment, in Lieu of Tax Agreement ('T1LOT Agreement*), "dated September 13,1985, betw*n GM and the IDA shall be amended, with the concurrence of the IDA, to extend the current PILOT Agreement payment! for an additional two years at the 1995 level. The first additional year's PILOT Agreement payment shall be paid within 5 buonets days After the Effective Date Df this Agreement. The second additional year's PILOT Agreement payments in the amounts provided In this paragraph shall be due In accordance with (he terms of the PILOT Agreement or within 5 "business days after the Effective Date of this Agreement, whichever occurs 3 tier. 4. Amendment of EPL 4.1 Following execution of this Agreement, Villago shall take nil appropriate steps tofcJESr.'dthe EPL so that it no longer applies to GM, the PJear or the Site. Upon such amendment, the Village shall so advise GM in writing and furnish it with a copy of the Village ordinance or law effecting such a*nen<!rnent. The Vil^ce shall "ike no governmental or olhcr actions inconsistent with OM's or the V i l l i ' s obligations under this Agreement. The future use or rr^se of the Site sh?dl not include a waste disposal, transfer or trcitment facility. The "Effective Dark" of this Agreement will be the dale on which the EPL is amended in accordance with rhis paragraph. 4.2 In the event the Village fails to amend the EPL as provided in paragraph 4.1 or takes eny governmental cr otW actions incntvasixn! with GM's or the Village's Obligations under <h<c Agrc-i'ir.ent, except .v. expressly provided in this Ajpc£z\z,\tt this Agreement will be null and void and of no force end effect whatever, except that the Village shall be deemed to have granted tii extension to GM of six mouths thereafter to comply with any and all obligations under the EPL and .v'ml! be deemed to have extended the Tolling Agreement dated February 28, 1996, for 7 Mvvirn ' MTIWV l �.. -_ ._ ^.U..NPU nuunitu.^ hfiX NO. 313 974 0343 ?. C9/08 \ \ \ a period of throe months from die date the Village giv*g GM written notice of any failure or refusal io amend the EPL in tecocdaccc vrith this Agrocmcnt 5. Miscellaneous 5.1 AJ1 notices hereunder shad I be la Writing and delivered or nuulnl by first c.i2Sfi mail to the party emiiled io receive such notice and shall be addressed to Ifcc Village a Village Kail, 28 Be^bnan Avenue. North Tarrytown. New York 10591. Attention; Mayor and to GM fit General Motor* Corporaaon, Director, Worldwide Rod E*Ute, Mai] Code 48309797, 485 W. Milwaukee, Detroit, MI 4S202. 52 This Agreement shall be governed by the laws of the State of New York. 5.3 This Agreement ccnsiituleji UK: entire Agiccnroit of the parties relating to the subject raarter hereof and supersedes aU prior promises, representations, assurances and agreements, whether oral or in writing, jelatirm diercto. This Agreement may be executed in one or more counterparty each of Nvhich shall be an origins], but all of which shall cofistfate one and the same insirurnent. This Agreement may not be amended except by a writing signed by authorized representatives of each parry. VILLAGE OF NORTH TARRYTOWN GENERAL MOTORS CORPORATION By: By: • W I T . Q6-R5-3 : (NVA031 SUW): « 1^> �~\.' "'•'»';•'V.'l"'••;,- '' Meeting Date: Resolution #: 07-23-96 07-120-96 Whereas, the Board of Trustees has received notice from the Sleepy Hollow Society that petitions calling for a special election to change the name of the Village will be duly filed with the Village Clerk at the appropriate time for the filing of such petitions; and Whereas, it is the desire of the Board of Trustees to keep costs at a minimum if such a special election is required to be held in the Village of North Tarrytown; and Whereas, one manner in which to reduce the cost of a special election is to consolidate the number of voting districts throughout the Village; Now, Therefore, Be It Resolved that the Board of Trustees calls for a public hearing to be held on August 6, 199 6 at 8:00 PM to hear and consider comments regarding the establishment of the following election districts in the event valid and legally sufficient petitions are filed with the Clerk's Office of the Village of North Tarrytown calling for a special election to be held on December 10, 1996: 1. Village Election Districts 1, 2, 3, 4 and 5 shall be established as one voting district designated as District 1 for the purposes of this special election with a polling place located at the Central Fire House, the Municipal Building, 28 Beekman Avenue, North Tarrytown. 2. Village Election Districts 6, 7 and 10 shall be established as one voting district designated as District 2 for the purposes of this special election with a polling place located at Hudson Valley Writers Center. 3. Village Election Districts 8 and 9 shall be established as one voting district designated as District 3 for the purposes of this special election with a polling place located at Philipsburg Manor Restoration. MOVED: T r u s t e e Ramse y SECONDED: T ™ s t e e Sweet VOTE:6"° �Meeting Date: Resolution #: 07-23-96 07-121-96 Now, Therefore, Be It Resolved that the Mayor and Board of Trustees do hereby call for a Public Hearing on August 20, 1996 for an amendment to revise the sprinkler code of the Village of North Tarrytown to add a fifth member to the Bureau of Fire Prevention pursuant to Chapter 48B of the Code of North Tarrytown. Said member shall be appointed by the Mayor with the approval of the Board of Trustees. MOVED: Trustee Ramsey Meeting Date: Resolution #: SECONDED: Trustee Alter VOTE: 6-0 07-23-96 07-122-96 Whereas, the Village of North Tarrytown is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund, Parks Recreation and Historic Preservation Law section 3.09 (B) , for a park project to be located on River Street, a site located within the territorial jurisdiction of this Board of Trustees; and Whereas, as a requirement under the rules promulgated byOPRHP at 9 NYCRR 441.2 (c), said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located"; Now, Therefore, Be It Resolved that the Board of Trustees of the Village of North Tarrytown hereby does approve and endorse the application of the Village of North Tarrytown for a grant under the Environmental Protection Fund for a park project known as Riverfront Park and located within this community. And further, it is resolved that, should the Village of North Tarrytown be unable to do so, said property shall be forever maintained by the Village of North Tarrytown as a municipal park in this community consistent with the rules promulgated by OPRHP. MOVED: Trustee Ramsey SECONDED: Trustee Alter VOTE: 6-0 �Meeting Date: Resolution #: 07-23-96 07-123-96 Now, Therefore, Be It Resolved that the Board of Trustees does hereby authorize the Mayor to execute the agreement with Brookside Contracting Co., Inc. 474 Fifth Avenue, Pelham, New York 10803 for $196,457. to begin as General Contractor for the ADA improvements to Village Hall MOVED: Trustee Ramsey Meeting Date: Resolution #: SECONDED: TrusfPP rHFQ-|-jce VOTE: 6-0 07-23-96 07-124-96 Be It Resoved that Paul Camillieri of 60 Pocantico Street of North Tarrytown, New York, is hereby nominated to the position of Police Officer Grade V at an annual salary of $25,962.30 effective July 31, 1996 subject to the following condition: candidate must successfully pass medical test. This nomination is made from Eligible List No. 60-075 for a probationary period to extend for 18 months from the effective date of this appointment. MOVED: Trustee Meeting Date: Resolution #: Ramsey SEC0NDED: Trustee Alter VOTE: 6 ~° 07-23-96 07-125-96 Be It Resoved that Angelo Guzzo of 2 Ridge Street of North Tarrytown, New York, is hereby nominated to the position of Police Officer Grade V at an annual salary of $25,962.30 effective July 31, 1996 subject to the following condition: candidate must successfully pass medical test. This nomination is made from Eligible List No. 60-075 for a probationary period to extend for .18 months from the effective date of this appointment. MOVED: Trustee Ramsey SECONDED: Trustee DiFeUoe VOTE:_&-jl �Meeting Date: Resolution #: 07-23-96 07-126-96 Now, Therefore, Be It Resolved that the Mayor and the Board of Trustees does hereby set a Public Hearing on August 20, 1996 at 8:00 PM at 28 Beekman Avenue to revise Section 9.1 the Bicycle Code to include roller blades, skate boards, etc. on Village sidewalks. MOVED: Trustee Alter Meeting Date: Resolution #: SECONDED: Trustee Ramsey VOTE: 6-0 07-23-96 07-127-96 Now, Therefore Be It Resolved that the Mayor and Board of Trustees does hereby set a Public Hearing on August 20, 1996 at 8:00 PM at 28 Beekman Avenue to reserve a handicapp space on Lawrence Avenue in front of 39 Lawrence Avenue on the west side of street. MOVED: T r u s t e e Ramsey Meeting Date: Resolution #: SECONDED: Trustee Alter VOTE: 6 ~° 07-23-96 07-128-96 Be It Resolved that the Board of Trustees hereby calls for a public hearing for August 20, 1996 at 8:00 PM to hear and consider comments regarding the amendment of Chapter 17A of the Village code entitled Environmental Protection and Abandoned Industrial Property Reclamation. MOVED: Trnst-PP A U P r SECONDED: Trustee DiFelice VOTE: 6-0 �/su. PUBLIC WORKS REPORT JULY 23. 1996 Sidewalk 50/50 program is in progress. throughout the village have been completed. Several sidewalks Tree work is continuing. Pot holes are being patched throughout the village. Paving program is in progress. The employees parking lot across from village hall was paved last week. A portion of Riverside Drive will be paved this week. Lines for crosswalks and parking throughout the village. spaces are being painted We are in the process of painting fire hydrants throughout the village. Cleaned out several catch basins throughout the village. We will start rehabilitating the sewer system in two weeks. ongoing work will not affect the homeowners. The � 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-1996 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_1996-06-23 Subject The topic of the resource Board of Trustees Minutes-1996 Date A point or period of time associated with an event in the lifecycle of the resource 1996 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