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A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held
on Monday, December 21,1998 at 8:00 PM in Village Hall, 28 Beekman Avenue,
Sleepy Hollow, New York.
Present:

Mayor Sean Treacy
Michael Collins
Craig Laub
Donald Stever
Mario DiFelice
Morris Alter
Trustees

Also Present:
Absent:

Janet Gandolfo, Village Attorney
Sanjay Shah, Village Treasurer

Trustee Patrick Munroe

Trustee Alter moved, seconded by Trustee Collins to open the meeting, carried.
Mayor Treacy called the meeting to order with a pledge to the flag.
Mayor Treacy commented that this will be our annual Christmas meeting, therefore
it will be a short meeting and refreshments will be served. All are invited to join us.
Approval of Minutes
Trustee Alter moved, seconded by Trustee Collins to approve the minutes of
December 7,1998 as written, motion carried 5-0.
Approval of Warrants
Trustee Alter moved, seconded by Trustee Collins to approve the warrant of the
General fund for a total of $130,700.57 and authorize the Treasurer to pay the bills,
motion carried 5-0; Trustee Alter moved, seconded by Trustee DiFelice to approve
the warrant of the Water and Sewer fund for a total of $8,016.81 and authorize the
Treasurer to pay the bills, motion carried 5-0; Trustee Alter moved, seconded by
Trustee DiFelice to approve the warrant of the Capital fund for a total of $12,517.42
and authorize the Treasurer to pay the bills, motion carried 5-0.
Mayor Treacy commented that before going on to the next portion of the meeting,
he would like to welcome the three new police officers who graduated from the
Police Academy. He presented Certificates of Recognition to Nancy Fahey, Brent
Gamble, and Jose Quinoy.
Chief Jimmy Warren welcomed the new officers aboard.
Mayor Treacy awarded prizes to the residents of New Broadway who won the
Halloween house decorating contest. Benjamin Gonzalez, who could not be present,
won third prize, $50.00, Richard Ziha was awarded second prize, $75.00 and first
prize of $100.00 was awarded to Kate Dolan and Karen Koleen. They received
Certificates of Recognition, also.

�c?8y
Pufrlic Comments-Agenda. Items
Richard Weiss, President of the Sleepy Hollow Manor Association, expressed the
Association's concern over the proposed Kendal on Hudson project and that they
felt it was inappropriate for the village to go ahead.
The Mayor explained that tonight's resolution is only to execute the financial term
sheets; there will be many public hearings, meetings, etc. before any approvals will
be given.
Arthur McKinley, a resident of Sleepy Hollow Manor, read a letter into the record
regarding the Kendal on Hudson project.
Emil Imhof had comments regarding the resolution regarding the contract for the
Neighborhood House. The Mayor commented that he would like to meet with the
Neighborhood House to find out exactly what services they provide for our seniors.
He asked that the president of the seniors also be at this meeting.
Resolutions-Attached
Mayor Treacy commented that he had good news. We have received notice that
General Motors has withdrawn the lawsuit regarding their claim that GM should
not have been put back on the tax roll. GM must now pay their full share of taxes.
Trustee Alter reminded everyone about the change in the garbage pick up schedule
for this week and next.
There being no further business, Trustee Alter moved, seconded by Trustee DiFelice
to adjourn the meeting, motion carried.
Mayor Treacy asked everyone to partake of some refreshments.
Respectfully submitted,
Angela Everett
Village Clerk

�&lt;&gt;w

Meeting Date: 12-81-98
Resolution # : 12-158-98

Be it resolved the Board of Trustees hereby calls for a public hearing on
Thursday. January si, 1999 at Village Hall, 98 Beefunan Avenue, Sleepy Hollow.
NY At 8:00 p.m. to hear and consider public comments regarding the revision of
Article VI of the Village Code, entitled Architectural Review Board. A copy of
proposed revisions are available at the Village Clerk's office between the hours
of 8:30 a.m. and 4:30 p.m.. Monday through Friday.
Moved: T r u s t e e A l t e r

Seconded: T r u s t e e Laub

Vote: 5-0

Meeting Date: 19-91-98
Resolution #: 12-159-98
Be it resolved the Board of Trustees hereby authorizes the Mayor to execute the
Kendal-on-Hudson Financial Terms Sheet
MoV ed:

Trustee Collins Seconded: Trustee Alter

Vote:_^i

Meeting Date: 12-21-98
Resolution #: 12-160-98
Be It resolved the Board of Trustees hereby authorizes the Mayor to execute the
Intermunicipal Agreement for Multiple EnforcementforInjury Prevention
Grant with Westchester County to extendfromOctober 1.1998 to September 30,
1999 In the amount of $2,800.
Moved: T r u s t e e D i F e l i c e

Seconded:Tru8tee

Laub

Vote:

�o?8&lt;?

I
Meeting Date: 12-21-98
Resolution #: 12-162-98
Be it resolved that the Board of Trustees does hereby authorize the Village to
obtain bids for the renovation of the shooting range in Village Hall. Sealed
proposals will be received by the Board of Trustees at the Village of Sleepy
Hollow. Westchester County. New York, in the Village Hall until Tuesday.
January 19.1999. at 10:00 a.m.
Moved: Trnnrpfi Alrp.r

Seconded: Trustee Laub

Vote: 5-0

Meeting Date: 12-81-98
Resolution #: 12-163-98
Be it resolved that the Board of Trustees does hereby extends the time before the
bid opening to furnish and construct lighting at Sleepy Hollow Softball Fields
Devries Park to Tuesday. January 19.1999. at 10:30 a.m.
Moved: Trustee Alter

Seconded: Trustee DiFelice

Vote:

5-0

�^&gt;?o
Meeting Date: 12-21-98
Resolution #: 12-161-98
Be it resolved the Board of Trustees hereby directs the Tillage Treasurer to
contact and request the following independent contractors to sign contracts for
work performed by them for the Tillage. After getting signatures from the
Independent contractors, the Tillage Treasurer will present the contracts to the
Board of Trustees for authorization of the Mayor's signature.
NAME
Filomena Fallacaro
Fllomena Fallacaro
Ann Murray
Tom Pellechl
Josephine Moore
Donna Cornell
Geneary Bell
Tera Carello

Eddie Marchese
lohn Werner
Valerie Monaco
ludy Schwartzman
Carlos Castro

Irene Amato
Lydla Irlzarry
Greg Lobato
Phelps Memorial Hospital
Neighborhood House
Moved:

SERVICE PROVIDED
Secretarial
Registrar
Tax collection
Suicide Watch
Suicide Watch
Suicide Watch
Suicide Watch
Stenographer
Stenographer
Stenographer
Stenographer
Stenographer
Interpreter
Taking minutes
Taking minutes
Temporary help-DPW
Meals for seniors
Services to seniors

T r u s t e e C o l l i n s Seconded: T r u s t e e A l t e r

RATE
$lO/hr.

$lO/copy
$u.77/hr
$iO/hr.
$lO/hr
$lO/hr
$lO/hr
$i65/court night
$l65/court night
$i65/court night
$i65/court night
$i65/court night
$50/court night
$l90-$200/meeting
$iS0-$200/meeting
$io/hr.
$2.75/meal
$3,500/year

Vote:

5

"°

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�o??/

I

Phelps / James Property Threatened by Large Hospital Development
Phelps - James House, (circa 1850) the last Italianate villa on the Hudson River, was
designed by John Butler Snook (architect of the first Grand Central Station in NYC). A
large, cut granite centrally massed, structure in the Palladian tradition, it sits on a
promontory in a large park with views of the riverfroma veranda that continues along
three sides.
Built in 1850 by the Anson Phelps family (of Phelps-Dodge fame) and lived in by their
decendents Arthur Curtise James until 1941. The house and its sixty-six acres was saved
from demolition and contributed by the James Foundation for the construction of Phelps
Memorial Hospital which started operation in 1956 in a large and growing complex on the
eastern (landward) side of the estate.
Until today the house and its riverfront site has survived in excellent condition as the
result of various preservation and fund raising efforts. On August 2, 1988 it was placed
on the Westchester county Inventory of Historic Places by county executive Andrew P.
O'Rourke in recognition of its historic and architectural significance. A 1986 letter from
the Phelps Memorial Hospital Auxiliary states they had "applied for inclusion in the
National Registry of Historic Places and we have been assured that this will be forth
coming within the coming year." Somehow this never occurred.
In a new threat, the hospital now plans to more than double in size engulfing the historic
house and riverfront grounds. The not-for-profit Kendall Corporation, has entered into an
agreement with Phelps to build a massive assisted living complex with over 305 units
(compared with 235 Beds in current hospital) completely encircling the mansion with 5-7
story buildings and changing forever the integrity of the house and its grounds. The
damage will also be felt to a natural greenbelt area that is formed by the adjacent
Rockwood Hall property (site of William Rockfeller's Mansion lost in 1929) and nearby
Rockefeller State Park.

�This is a giant development by any measure, but because of the village s focus on the GM
plant site, it is receiving little attention or debate. It raises a host of questions in areas of
environmental impact, economic impact, traffic, sprawl, and historic preservation.
Ironically, a historic property that was'itself donated to create a hospital will now be
virtually obliterated by the cancerous expansion of institution it helped found. The
Hudson River valley will lose another historic estate with invaluable land that has
miraculously come down through the ages - open and unspoiled.
This year marks a turning point for the Village of Sleepy Hollow and surrounding towns.
Development pressure is enormous with houses being shoehorned into every available
building site and newly announced developments at Tarrytown Lakes, Weber Park and the
redevelopment of the 100 acre General Motors site. Are we going to retain our rural
character, or become another edge city sprawl like we see to the east and south or in New
Jersey and Long Island? Do we have leaders who can pass and defend local landmark and
zoning laws that channel development to previously developed sites like GM while trying
to retain historic open space where it already exists?
We need to remind ourselves that the remaining land is a limited resource that once
developed will never be open again. We need to understand that land is not always a
commodity for maximizing returns, but a sacred trust that gives us connection with nature
and adds inestimable value to quality of life and the life of communities. We need to
calculate the fragile balance between development and open spaces and that over
development reduces the value and subsequent tax base of the entire area. Why does this
valley attract visitors from all over the world that marvel at the historic landscape? We
need to walk this landscape, which is our birthplace or the birthplace of our children, and
decide how we will care for it and pass it to future generations.

�J?3

I

DELBELLO DONNELLAN WEINGARTEN &amp; TARTAGLI A, LLP
COUNSELLORS AT LAW
THE GATEWAY BUILDING
ONE NORTH LEXINGTON AVENUE
WHITE PLAINS, NEW YORK 10601
(914) 681-0200
FACSIMILE (914) 684-0288

VINCENT J. ACESTE
ALFRED B. DELBELLO
ALFRED E. DONNELLANt
ROBERTA. KORREN
P A U L I. M A R X *

PATRICK M.REILLY
DANIEL D. TARTAOLIA
MARK P. WEINGARTEN*
LEE S. WIEDERKEHR
PETER J. WlSBt

OTCOUNUL

ANDREW J. BALINT
ROBERT C. EPSTEIN*
THOMAS D . HALKET
J. DAVID JUTKOWTTZ
THOMAS M. PTTEOOFF
SALLY ANN ZULLO
MAKX*ACaSTB.LLP

FAJOBY JUTKOWTTZ BAUNT * WIHDBXKBHft
(IM2.1MO

SUZANNE BOGDANOFF*
ANN FARRISSEY CARLSON*
WILLIAM E. DUMKE*
ALLYSE B. DUNBFSKY

December 1,1998

J A N E T J. G n u s *

FRANK Jf. HAUPEL
DINA S. KAPLAN
JERRY F. KEBRDLB.II*
CHRISTINE MOCCIA
BRADLEY D. WANK*

•MEMBER OF NY A C T BARS
t MEMBER OF NY A NJ BARS
- MEMBER OF NY, NB A AZ BARS
•MEMBER OP NY A DC BARS
0 MEMBER Of NY A CA BARS
T
MEMBER OP NY, NJ A MA BARS

VIA FEDEX

I

Janet Gandolfo, Esq.
1 Central Avenue
Tarrytown, NY 10591
Re:

Fee Agreement and PJ.L.O. T Agreement
Village of Sleepy Hollow with Kendal on Hudson

Dear Janet:
At our last meeting on October 19, 1998 at which Mayor Sean Treacy, yourself
and the Treasurer, Sanjay Shah met with myself, David Jones and William Yost we
agreed that as a result of our successful negotiations a term sheet should be prepared
reflecting the principal points that were agreed upon with regard to village fees and
Payments in Lieu of Taxes (P.I.L.O.T.). Two agreements will be entered into, one for the
fees and the other for the P.I.L.O.T. payments.

1

The first will provide that Kendal on Hudson will pay to the Village of Sleepy
Hollow if the project moves forward into construction a total of $600,000, representing
all fees due and payable to the Village by Kendal on Hudson. The $600,000 shall cover
all recreational fees, sewer connection fees, water connection fees, architectural review
board fees, building permit, electrical permit, plumbing permit, sprinkler permit,
certificate of occupancy and all other fees or charges that may be applicable, except it
shall exclude specifically the fees that will be due the Village for reimbursement of
consulting services commonly known as escrow fees and the cost of any improvements
for recreational purposes actually built by Kendal. The escrow fees shall be those fees
generated by the consultants engaged by the Planning Board for the purposes of
reviewing the land use issues.
The $600,000 shall be paid as follows: $300,000 due upon the closing of the
permanent financing and the second $300,000 due 12 months thereafter.

�o??y
Page 2 - Re: Fee Agreement with Kendal on Hudson

Thank you.
Veiry truly yours,

Janet Gandolfo
JAG:vm
cc:
Sanjay Shah, Acting Administrator

i

•

i

�o?9.5"

DELBELLO DONNELLAN WEINGARTEN &amp; TARTAGLIA, LLP
COUNSELLORS AT LAW

THE GATEWAY BUILDING
ONE NORTH LEXINGTON AVENUE
WHITE PLAINS, NEW YORK 10601
(914)681-0200
FACSIMILE (914) 684-0288

VINCENT J. ACESTE
ALFRED B. DELBELLO
ALFRED E. DONNELLANt
ROBERTA. KORREN
PAUL I. MARXt
PATRICK M . R E I L L Y
DANIEL D . TARTAGLIA
MARK P. WEINGARTEN*

or COUNSEL

ANDREW J. BALINT
ROBERT C. EPSTEIN*
THOMAS D. HALKBT
J. DAVID JUTKOWITZ
THOMAS M. PITEOOFF
SALLY ANN ZULLO
MARX * A C » T B . LLP

LEE S. WIEDERKEHR
PETERJ.WlSEt

PAULEY JVK0WITZ BAUNT A WnDOUCBHH
(IMM9M)

SUZANNE BOODANOFF*
ANN FARRISSEY CARLSON*
WILLIAM E.DUMKE*
ALLYSE B. DUNEFSKY
JANET J. QDUS*
FRANK J. HAUPEL
DINA S. KAPLAN
JERRY F. KEBRDLB, II*
CHRISTINE MOCCIA
BRADLEY D . WANK*

December 1,1998

• MEMBER OF NY * CT BARS
t MEMBER OF NY * NJ BARS
4
MEMBER OF NY, NB * AZ BARS
'MEMBER OF NY * DC BARS
0 MEMBER OF NY * CA BARS
"MEMBER OF NY. NJ * MA BARS

VIA FEDEX
Janet Gandolfo, Esq.
1 Central Avenue
Tarrytown, NY 10591
Re:

Fee Agreement and P.I.L.O. T Agreement
Village of Sleepy Hollow with Kendal on Hudson

Dear Janet:
At our last meeting on October 19, 1998 at which Mayor Sean Treacy, yourself
and the Treasurer, Sanjay Shah met with myself, David Jones and William Yost we
agreed that as a result of our successful negotiations a term sheet should be prepared
reflecting the principal points that were agreed upon with regard to village fees and
Payments in Lieu of Taxes (P.I.L.O.T.). Two agreements will be entered into, one for the
fees and the other for the P.I.L.O.T. payments.
The first will provide that Kendal on Hudson will pay to the Village of Sleepy
Hollow if the project moves forward into construction a total of $600,000, representing
all fees due and payable to the Village by Kendal on Hudson. The $600,000 shall cover
all recreational fees, sewer connection fees, water connection fees, architectural review
board fees, building permit, electrical permit, plumbing permit, sprinkler permit,
certificate of occupancy and all other fees or charges that may be applicable, except it
shall exclude specifically the fees that will be due the Village for reimbursement of
consulting services commonly known as escrow fees and the cost of any improvements
for recreational purposes actually built by Kendal. The escrow fees shall be those fees
generated by the consultants engaged by the Planning Board for the purposes of
reviewing the land use issues.
The $600,000 shall be paid as follows: $300,000 due upon the closing of the
permanent financing and the second $300,000 due 12 months thereafter.

�Janet Gandolfo, Esq.
December 1,1998
Page 2

The second agreement shall deal with the P.I.L.O.T. It was agreed that the term
of the P.I.L.O.T. should be for Thirty (30) years commencing with the issuance of the
final certificate of occupancy on the facility. It was further agreed that Kendal would pay
the sum of $500,000 within thirty (30) days from the issuance of the final certificate of
occupancy for the full use of the CCRC. Thereafter, on the anniversary date of the first
payment and for four (4) years the payments would be as follows:
Year 2 $525,000
Year 3 $550,000
Year 4 $575,000
Year 5 $600,000
From year 5 to the end of the term of the P.I.L.O.T. Agreement the payment would
remain at $600,000, subject only to a percentage increase as determined by calculating
the current years non homestead tax rate over the previous years non homestead tax rate.
At the end of the full term of the P.I.L.O.T. Agreement (i.e. 30 years) the parties
to said agreement agree to renegotiate another agreement for payment in lieu of taxes.
If the above accurately reflects the principal points of our understanding, subject
to the agreements being developed to incorporate these points, please have Mayor Treacy
acknowledge same on the line provided below.
Very truly^yours,

ALFRED B. DEL BELLO
ABDrdms
Acknowledged and Agreed Upon:

Mayor Sean Treacy
December
, 1998

84803482

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