https://sleepyhollow.localarchives.org/files/original/45313155d7bdfb4509255e1437c5912f.pdf e4143937b2f0bd1a0ab349196b3862c9 PDF Text Text a A regular meeting of the Board of Trustees was held on Tuesday, September 18, 2001 at 8 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Patricia Rodriguez Donald Stever Richard Zieja Robert Higle Trustees Also Present: Edward Lammers, Village Attorney Dwight Douglas, Village Administrator Barbara Napoli, Village Treasurer Absent: Trustee James Hart Mayor Zegarelli asked that everyone stand to pause and reflect on the events of the past week and called the meeting to order with a pledge to the flag. Public Hearing-None Approval of Minutes Trustee Stever moved, seconded by Trustee DiFelice to approve the minutes of August 28,2001, motion carried 5-0 with one addition to the minutes that Trustee DiFelice told Mr. Jimenez that since he was in court, the Board could not discuss any of the topics Mr. Jimenez was talking about. Mayor Zegarelli asked for a motion to adjust the agenda, Trustee DiFelice moved, seconded by Trustee Rodriguez and carried. Mayor Zegarelli stated that this tragedy has brought out the best in the people of Sleepy Hollow. Volunteers have been going to the city with trucks, fire trucks and the Police Department has also been going there. The Mayor commented that he is very proud of the people of this village. The Mayor commented that Counsel has been asked to look at all avenues to set up our own Ambulance Corp. He called on residents and others to help set this up. The Mayor reported that this past weekend we had a terrible fire at 16 Andrews Lane where unfortunately one person died. He asked Robert Stiloski, our Fire Inspector and Director of Fire and Life Safety to give us an update and explain how inspections and finding violations are handled. M r . Stiloski gave a brief explanation on this and an update on the fire. ; Mayor Zegarelli reported that the Village of Tarrytown and Sleepy Hollow will be holding a Candlelight Service on Sunday, September 23 r d at 6:30 pm in Patriots Park. Sleepy Hollow will have a bonfire at Sleepy Hollow High School field following the candlelight service. �A10 Our Street Festival and Columbus Day Parade will be held on Saturday, October 6 th and the 199th National Band will lead the parade. The Columbus Day spaghetti dinner was successful. Approval of Warrants Trustee Stever moved, seconded by Trustee DiFelice to approve the warrants and authorize the Treasurer to pay the bills, motion carried 5-0. Total of the General fund was $1,352,542.35, total of the Water & Sewer fund was $589,225.11 and the Capital fund total was $131,980.79. Public Comments-None Trustees Reports Trustee Stever had no report but asked that everyone stand for a moment of silence for the Mayor's father, Edward Zegarelli who passed away recently. Trustees Zieja and Higle had no reportsA Trustee Rodriguez reported that the Westchester County Planning Department will be meeting regarding signage in the village. The Greenway Compact will meet this Thursday regarding the adoption of a signage program. Trustee DiFelice read the attached Public Works Report. He stated that members of our Police Department have been volunteering their time at the site of the World Trade Center tragedy. Administrator's Report Dwight Douglas reported on upcoming items such as 79 College Avenue contract. He met with the Police Sub-committee and received a draft copy of the report from Iona to be read at the October 23 r d meeting. We have begun working on the joint application to the State regarding the T21 application between Tarrytown and Sleepy Hollow on the beautification of Broadway. We have received the first draft from our attorney regarding Open Space Conservancy. We have received a draft report ob the revitalization of the business district Village employees and trustees should get their ID cards before the October 2 nd meeting. Resolutions-Attached— Trustee Stever commented that there should be a preamble to the first resolution regarding Kendal-on-Hudson. Trustee Stever moved to table the first resolution on the floor briefly to be brought back after the preamble to this resolution, seconded by Trustee DiFelice and carried. 2 �On the preamble resolution, Trustee Stever moved, seconded by Trustee Rodriguez and carried. Trustee Stever then moved to withdraw the table originally on the floor, seconded by Trustee DiFelice and carried. There was a brief recess. Mayor Zegarelli appointed Bruno Volpacchio to the Zoning Board to fill the unexpired term of John Morabito. Trustee DiFelice moved, seconded by Trustee Stever to approve this appointment, carried. Mayor Zegarelli appointed Steven Shroba, Peter Schmidt and Susan Marshall to the Tree Commission. Old Business Trustee Stever moved that the area on Continental Street designated for parking permits be officially made parking spaces, seconded by Trustee DiFelice and motion carried. Trustee DiFelice commented on the status of the parking meters to be placed on Broadway and Valley Street. The Mayor stated that this needs more discussion. New Business-None Public Comments Don Caetano did not feel that all residents are treated equally by the Director of Fire and Life Safety with regard to needing permits to erect fences, etc. He also questioned the policing of Margotta Courts and College Arms as compared to the Van Tassel. Mario Belanich asked if the PILOT agreement for Kendal was the same as the one many years ago for GM. The Mayor responded that this is quite different and we will be receiving much more in payments. There being no further comments, Trustee Rodriguez moved, seconded by Trustee Higle to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett-Village Clerk �o?/^ I Meeting Date: September 18, 2001 Resolution #: 09/83/01 Resolution Confirming Consistency Of The Kendal-on-Hudson Project With the Local Waterfront Revitalization Plan WHEREAS, the Village Board fully evaluated the proposed Kendal-on-Hudson CCRC project that is the subject of the Application for a Special Permit in its SEQRA proceedings conducted connection with the Village Board's evaluation of the proposed rezoning of the Phelps Hospital property in the H District to accommodate the CCRC; WHEREAS the Village Board also fully considered the proposed Kendal-on-Hudson I CCRC project under the Village's local Waterfront Revitalization Plan in conjunction with its aforesaid evaluation of the rezoning of the Phelps Hospital property; WHEREAS, the Village Board adopted a SEQRAfindingsstatement that fully addressed the proposed Kendal-on-Hudson CCRC project; WHEREAS, upon the recommendation of the Sleepy Hollow Waterfront Advisory Board, the Village Board found that the proposed CCRC project was consistent with the Local Waterfront Revitalization Plan, and WHEREAS, the Special Permit proposed for adoption on September 18,2001 incorporates all the conditions contemplated in the SEQRA Findings Statement and in the LWRP consistency determination and the applicant has agreed to such conditions; and I WHEREAS, there have been no material changes in the proposal since the Village Board' evaluation during the rezoning proceedings; NOW, THEREFORE, the Village Board of the Village of Sleepy Hollowfindsthat the proposal for development and issuance of a Special Permit under Section 62-22.3(VIII.l6) of the Zoning Code is consistent with the goals and. policies of the Sleepy Hollow Local Waterfront Revitalization Plan. Moved: Trustee Stever Seconded: Trustee Rodriguez Vote: 5-1 �£.1 I MEETING DATE: SEPTEMBER 18,.2001 RESOLUTION # : 09/84/01 Village of Sleepy Hollow Mayor and Board of Trustee Resolution of Special Permit Approval Kendal on Hudson Continuing Care Retirement Community September 18,2001 WHEREAS, an application to grant a Special Permit for the construction of a continuing care retirement community (CCRC) on the grounds of the Phelps Memorial Hospital Center ("the Hospital") has been made by Kendal on Hudson, a New York not-for-profit corporation and Phelps Community Corporation, a New York not-for-profit corporation (jointly the "Applicant") to the H Mayor and Board of Trustees (the "Board") of the Village of Sleepy Hollow; and WHEREAS, the CCRC is proposed to be located on a leased parcel of land on the grounds of the Phelps Memorial Hospital Center ("the Hospital") also known and designated on the tax assessment map of the Town of Mount Pleasant as Section 110.11, Block 1, Lots 1, 2 and 3 and on the tax assessment map of the Village of Sleepy Hollow as Section 11, Block 1, Lots 3A, 3A.1 and 3.A1M (the "site"); and WHEREAS, the CCRC project consists of 225 independent living apartments, 24 enriched housing ("assisted living") units, 42 skilled nursing rooms, related accessory uses contained in four buildings ranging in height from two to five stories, and parking for 393 vehicles contained within the approximately 435,000 square feet of building program (the "Project"); and I WHEREAS, the applicant, as a duly qualified not-for-profit corporation exempt from real property taxes, has agreed to make certain 'payments in lieu of taxes' (PILOT) to the taxing jurisdictions; and WHEREAS, the Applicant has requested, and the Board has agreed, that certain Development Fee Expenses, including building, electrical and plumbing fees, recreation fees, and fees for planning, architectural review, and others, be paid pursuant to an agreement; and WHEREAS, it is noted that the Board acted as the Lead Agency under the State Environmental Quality review Act (SEQRA) and did determine in the Environmental Findings Statement adopted Page 1 of 11 �M June 19,2001, that the proposed Project, with the mitigative measures identified therein, would not have a significant environmental impact; and WHEREAS, the application for Special Permit Approval consists of a Special Permit Application package and a statement of Principal Points; and WHEREAS, the Board held a public hearing on the Special Permit application on August 21,2001 during which all persons interested were provided an opportunity to be heard; and WHEREAS, the Applicant has included in support of the Special Permit Application submitted the following large-scale plans generally entitled Title - Scale Last Revised Source Cover Sheet 1" = 100' 07/19/01 DTS* SP-1.0 Master Site Plan 1" = 50' 07/19/01 DTS SP-2.0 Site Layout Plan l"-50' 08/31/01 DTS SP-2.1 Site Layout Plan 1" = 50' 07/19/01 DTS SP-3.0 Site Grading Plan 1" = 50' 07/19/01 DTS SP-3.1 Site Grading Plan 1" = 50' 07/19/01 DTS SP-4.0 Site Utility Plan r=50' 07/19/01 DTS SP-5.0 Landscape Concept Plan 1" = 50' 07/19/01 DTS SP-5.1* Landscape Concept Plan 1" = 50' 07/19/01 DTS SP-6.0 Driveway Profiles As Noted 07/19/01 .DTS SP-7.0 Erosion Control Plan' 1" = 50' 07/19/01 DTS SP-7.1 Erosion Control Plan 1" = 50' 07/19/01 DTS SP-7.2 Erosion Control Details As Noted 07/19/01 . DTS SP-8.0 Tree Survey & Protection Plan 1" = 50' 07/19/01 DTS SP-8.1 Tree Survey & Protection Plan 1" = 50' 07/19/01. DTS Boundary/Topographic Survey r = ioo' , 03/17/99 CHS** A-1.0 Composite Floor Plan levels 40s+50sl/32" = l'-0" 07/19/01 PEA*** A-l.l Floor Plan levels 65s + 76'-5'/2n l/32" = l'-0 n 07/19/01 PEA*** A-1.2 Floor Plan Levels 89s + 102s 1/32" = l'-0" 07/19/01 PEA*** Page2of 11 �£.1^ I A-L3 Floor Plan Levels 113s+123-4 , - 1 /4' 1/32" = l'-O" 07/19/01 PEA*** A-1.4 Floor Plan Levels 133'- 8 Ws+Roof 1/32" = l'-O" 07/19/01 PEA** * A-2.0 Building Elevations 1/16" = l'-O" 07/19/01 PEA*** A-3.0 Site Sections 1/32" = l'-0" 07/19/01 PEA*** •' * DTS (Divney Tung Schwalbe, LLP) ** CHS (Charles H. Sells, Inc) *** PEA (Perkins Eastman Architects, PC); and WHEREAS, the project is fully described in the Draft Environmental Impact Statement (DEIS), H Final Environmental Impact Statement (FEIS), Findings Statement, in all materials and in submissions in support thereof, and the application materials referenced above; and WHEREAS, the B oard has reviewed the application for Special Permit Approval in accordance with Section 62-22.3 (VII. 1-6) of the Zoning Code of the Village of Sleepy Hollow; and NOW THEREFORE, BE IT RESOLVED, that pursuant to Section 62-22.3 (VII1-6) of the Zoning Code, the Board determines that the project, as defined above and modified by the conditions enumerated in this Special Permit, meets the following conditions and standards: The CCRC use shall be of such character, intensity, size and location that in general it will be in harmony with the orderly development of the neighborhood in which the property is situated and will not be detrimental to the orderly development of adjacent districts (Section 62-22.3, VII1). H • The proposed Kendal on Hudson CCRC is to be developed in the H-Hospital District and in basic height, bulk and square, footage is generally compatible with the existing Phelps Hospital building. The proposed Project is separated from the adjacent Sleepy Hollow Manor neighborhood by a 7± acre buffer area. The buffer area will remain as a vegetated buffer and be augmented as a result of the proposed project The majority of the traffic associated with the project will enter and exit the site via Route 117 and US Route 9. The resulting site related traffic will not significantly impact the local roadway network. The project is located 100 feet away from and down gradient from the James House, a Page 3 of 11 �£l<e I structure of local historical significance located on the Phelps Hospital property within the H-Hospital district. The building heights have been modified through the course of the environmental review so that they are now a maximum of five stories. A landscaping component, including a decorative border element, which may include a wall and or balustrade, will be provided between the James House and the CCRC building program which will help soften the appearance of the proposed facility from the James House. The project will be visible from the neighboring Rockwood Hall portion of the Rockefeller State Park Preserve but landscaped berms that Kendal on Hudson has committed to construct and maintain, will mitigate potential visual impacts. A portion of an existing carriage trail on the Rockwood Hall property will be relocated and replaced as H a result of the proposed project. The Applicant will provide $300,000 to assist in off-site ^ sanitary sewer improvements. Said improvements mitigate potential impacts to the existing system, and, in some instances, will improve its capacity over preconstruction • conditions. Connection by Kendal to the municipal water system will also allow for a connection of the Sleepy Hollow Manor neighborhood to the south of the Kendal development to the northern loop of the Village's water system, alleviating an existing low pressure condition in that neighborhood.. Studies prepared as part of the EIS indicate that said connection will improve water circulation and water pressure in that portion of the Village. As such the proposed use will be in harmony with the appropriate and orderly development of the H-Hospital District in which it is located. Traffic involved in or conducted in connection with the CCRC, the size of the site in relation to it, and the location of the site with respect to the type, arrangement and capacity of streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of H the neighborhood in which it is located (62-22.3 VII - 2) H • CCRC facilities are typically low generators of vehicular activity given the general age of the resident population, the provision of on site activities and services and the availability of vans to transport residents. Employee shift changes and deliveries will be scheduled as practicable to occur outside the peak highway hours. As presented in the EIS, the project would generate 68 vehicles (43 entering, 25 exiting) on the weekday AM peak hour and 77 vehicles (31 entering, 46 exiting) in the weekday PM peak hour. Based on the Page 4 of 11 �o?* I analysis in the EIS, the project would have a minimal effect on the eight intersections analyzed. Access to the project is provided via Rockwood Road, a two-lane local road that extends from NYS Route 117 and provides connection to US Route 9. As mitigation identified during the EIS process, the Applicant is required to construct a turning lane on Route 9 at the westbound Route 117 entrance ramp. A landscaped parking area for Rockwood Hall is planned to be provided by the New York State Parks Department. Visitors to Rockwood Hall, the Mount Pleasant Executive Center and the James House will all benefit as a result I of the improvements. The Applicant has indicated during the course of the environmental review that they would restrict, through the use of signage at appropriate locations, Kendal residents, employees and visitors from utilizing the hospital roadways for ingress and egress. The proposed project, with mitigation as proposed, will not adversely impact traffic andis consistent and in harmony with the appropriate and orderly development of the neighborhood in which it is located. The location, nature and height of building, walls and fences, and the nature and extent of the landscaping and screening on the site, as existing or proposed, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings ( 62-22.3 VII 3). I • The Kendal on Hudson building program is situated west of and down gradient from the James House, a locally historically significant structure. The Kendal on Hudson buildings are designed to reflect the important design aspects of the Italianate style, similar to that exhibited by the James House. Materials traditionally used in Westchester (e.g. stone and stucco) varied combinations of rooflines and window openings and horizontal and vertical delineations within the building facades are incorporated to create an integrated design for the CCRC. Page 5 of 11 �2L\1 I Walls and fences are limited to retaining walls along the eastern and western sections of the Kendal loop road and garden walls and fences within the landscaped court yards and grounds. The retaining walls will be architecturally treated and screened from off site view by existing vegetation and proposed landscaping. A comprehensive landscape plan has been proposed which includes the planting of at least 370 deciduous and evergreen trees. The proposed plantings address aesthetic, screening, reforestation and slope stabilization measures. Ornamental trees, shrubs and ground covers will be provided around the Kendal on Hudson buildings. A portion of an existing carriage trail on the neighboring Rockwood Hall portion of the Rockefeller State Park Preserve will be relocated. An extensive landscape component, I including topographic berms, is provided on the site plan drawings as part of this special permit application. The use of berms and landscaping limit potential impacts to this portion of the park system. Based on the extent of the landscaping and use of topographic berms, the project will not hinder or discourage the appropriate development and use of adjacent land and buildings. Operations in connection with a CCRC use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of lights, than wouldbe the operations ofany permitted use not requiring a special permit. (62-22.3 VII-4). Operations in connection with the proposed CCRC will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of lights, than would be the operations of any permitted use in the H-Hospital District not requiring a special permit The loading area serving the Kendal facility is situated in the lower level of the Commons Building in the western portion of the site, approximately 750 feet from the residences Tocatedic^e-southr _ Lightfixtures^Ui2Ed^OT^ prevent glare on adjacent residential properties. Overall noise and activity levels would be consistent or less than that of the hospital use, particularly as related to the use of maintenance equipment The CCRC would not have other hospital-related activities such Page 6 of 11 I �as the number of emergency ambulance calls and nighttime emergencies that the hospital would have that may involve sirens or flashing lights Parking areas will be of adequate size for the CCRC use, properly located and suitably screened from any adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety (62-22.3 VII -5). • The proposed project includes parking for 393 vehicles adequate for residents, staff and visitor needs. In an effort to minimize visual impact and conserve open space, resident parking is provided in below building spaces; staff parking is provided in the lower level of a proposed parking deck in proximity to the Phelps Memorial Hospital; and visitor parking is provided in discrete groupings in the vicinity of each building- Existing and proposed landscaping along the southern loop road and southern property boundary will screen the parking areas from the residential neighborhood to the south. Site access is provided by a two-way entrance drive starting at the end of Rockwood Road. The proposed roadway has been designed to meet Village and Town standards although it will be a private roadway maintained by Kendal. An "emergency only" access is provided in the vicinity of proposed parking deck in the southern portion of the site. Additionally, the proposed project parking areas are properly sized, located and screened and the access drives are designed to achieve maximum safety. Tlie CCRC use shall be so located on the lot involved that it shall not impair the use and enjoyment of adjacent residential properties (62-22.3 VII - 6). The proposed CCRC buildings are located in the northwest comer of the Phelps Memorial Hospital campus, set back in excess of 400 feet from the nearest residential building to the -south—Separating-the^roposed-<^R€Hrom-*heHre^^ vegetated buffer which will be augmented with additional plantings. Page 7 of 11 �a& I The utility connections have been designed to avoid connecting to the Sleepy Hollow Manor system in Birch Close and disturbing that street or adjoining residences. The proposed pedestrian system will not connect to the Birch Close or Terrace Close rights of way, but instead will make two connections to the Rockwood Hall trails." ~ NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and Board of Trustees hereby approves the issuance of a special permit to the Applicant to construct the project conditioned upon the full compliance with the following: 1. Construction of "the Project" as described and detailed in the special permit application, the DEIS, FEIS, and enumerated mitigative measures contained in the Findings Statement ofthe Board of Trustees dated June 19,2001. 2. I Substantial construction of "the Project" commencing within one year of the date of adoption of site plan approval and thereafter being diligently pursued to completion with the opportunity for extensions of the special permit to be granted for good cause by the Mayor and Board of Trustees at the request of the Applicant for a period of six months. 3. The Applicant applying for and obtaining necessary approvals from the Town of Mount Pleasant to develop that portion of the proposed project access way located in the Town of Mount Pleasant as shown in the project site plan. In the event that the Town of Mount Pleasant approvals differ substantially from the conceptual site plan approvals noted herein, and said changes result in significant modifications to the site access way as proposed, then the Applicant shall be required to submit said changes to the Mayor and Board of Trustees for their review and approval. 4. The Applicant's compliance with terms and requirements of the access easement between Phelps and Rockwood Hall across lands owned by the New York State Office of Parks, Recreation and Historic Preservation including, but not limited to, NYSOPRHP approval of construction, landscaping and maintenance to take place within the subject easement area. The Applicant has agreed to make the internal pathway system and promenade open to the public. Page 8 of 11 I �<=2 5. The Applicant's submission to the Village's Special Counsel for review of a folly executed lease agreement by and between Kendal on Hudson and Phelps Memorial Hospital for the development of "the Project", said lease to contain terms and conditions drawn to the satisfaction of Counsel which protect and prohibit development on that portion of the site denoted as the "buffer area" of approximately seven acres and more fully described on Site Layout Plan SP-2.0. A landscape plan for the augmentation of this area shall be prepared and submitted with other required submittals to the Planning Board for their review and approval. 6. The Applicant's offer in dedication of water lines and corresponding easement to the Village of Sleepy Hollow upon satisfactory completion of construction of water connections to US Route 9 and Hemlock Drive, all as generally denoted on Site Utility Plan SP.4.1, said improvements to be constructed and installed to the satisfaction of the Village engineer. The offer of dedication of the water lines and easements shall be a condition precedent to the issuance of a certificate of occupancy for the project. 7. The Applicant's offer to construct pathways accessible to the public connecting the Rockwood Hall Path System to the Project walkway and promenade overlooking the Hudson River, as generally located on Exhibit no. 5 "proposed pedestrian circulation and parking plan" in the Special Permit application; plans and details for said public walkway and overlook ("promenade") to be developed in coordination with the NYSOPRHP and to the satisfaction of the Planning Board as part of its site plan review. 8. The Applicant's providing a landscape maintenance plan to the Planning Board and posting of landscape maintenance bonds to ensure that landscape plantings are established and maintained in a healthy and vigorous growing condition. The landscape maintenance bond amounts shall be set by the Planning Board as part of site plan approval. Two bonds shall be posted: a bond with a term of a minimum of two years shall be posted for general site landscaping, a bond with a term of five years shall be posted to guarantee plantings and the — maiEteTmGe^erex)f^or^lT>laBuiigF^ 9. The Applicant's applying for and obtaining site plan approval from the Planning Board of the Village of Sleepy Hollow, said review and approval: Page 9 of 11 �2-X a. To be in general conformance with site plans SP 1.0-8.1 made a part of this special permit and conceptually approved herein as a part of this special permit resolution; b. To be in general conformance with architectural drawings A-1.0—3.0 as conceptually approved herein and subject to review by the Village's Architectural Review Board and final review and approval of the Planning Board. 10. The Applicant paying to the Village the sum of $300,000 for certain off site sanitary sewer improvements as generally detailed in the DEIS and FEIS for "the Project", said $300,000 shall be paid to the Village upon issuance of a building permit to commence construction of the project and receipt of Project funding. 11. . The Applicant shall develop necessary plans, make application and diligently seek a New York State Department of Transportation permit and undertake to construct a dedicated turning lane at the Route 9/Route 117 westbound intersection as discussed in the FEIS arid Environmental Findings Statement prior to the issuance of a certificate of occupancy for the Project. As part of this process, the Applicant will post with NYS DOT a bond for said improvements as required. If the permit has not been issued by NYSDOT or work has not begun under the permit at the time of issuance of said certificate of occupancy, then a Si 00,000 letter of credit shall be posted with the Village. Said letter of credit may be drawn on by the Village of Sleepy Hollow to obtain the permit and undertake this work at the Village's sole discretion. If said permit has not been issued and substantial construction undertaken within two years from the posting of the letter of credit, the letter of credit shall be returned to the Applicant. 12. The Applicant's execution of a "Payment in Lieu ofTaxes" (PILOT) agreement substantially consistent with the draft annexed hereto. 13. The Applicant's execution of the attached "Development Fee Agreement" which details the payment of certain required fees at a time other than as otherwise required by Village Code. 14. The Applicant shall adjust shift changes for the Kendal facility to the greatest extent practicable so that the employee traffic partem falls, to the greatest extent practicable, outside Page 10 of 11 �££-3 I of the peak highway hours, which generally occur between 7:45 to 8.45 AM and 4:45 to 5:45 PM, as discussed in the DEIS.. FEIS, and Environmental Findings Statement. 15. The Applicant shall submit as part of the site plan review process, the storm water management plan for review and sign off by the Village Engineer and such plans shall incorporate NYSDEC SPDES General Permit for Storm water Discharges from Construction Activities, the New York Guidelines for Urban Erosion and Sediment Control, or the Erosion and Sediment Control Best Management Practices Manual Series (Westchester County), whichever is most stringent; and be it further I RESOLVED, that all requirements, conditions and mitigation measures related to the project as established by the Mayor and Village Board of Trustees in the Findings Statement shall constitute express conditions of tliis approval, and shall constitute obligations of the Applicant there under, and shall be enforceable by this Village Board or its designated representative, and, be it further RESOLVED, that certified copies of this resolution be transmitted to the Village of Sleepy Hollow Planning and Architectural Review Boards. Moved: Trustee Rodriguez Seconded: Trustee DiFelice Vote: 5-1 Trustee Higle voted NO. I Page 11 of 11 - j ; - _ ; x . _ i ^ ifcf-.i *.--*&* •5^Z£^X*^\-3b£jS^^^~i*~g& "^ -^^'J^^J^^^^^^^t^M^^^^^km. �J12- I fiUG.30.2031 12:23PM KEANE & BERNE NO.814 MEETING DATE: 0 9 / 1 8 / 0 1 RESOLUTION. #: P.2/2 09/85/01 RESOLUTION APPROVING AMENDMENT TO CHAPTER 19B OF THE CODES OF THE VILLAGE OF SLEEPY HOLLOW ENTITLED "FEES" WHEREAS the Board of Trustees has heretofore enacted Chapter 19B of the Codes of the Village of Sleepy Hollow entitled ,cFees"; and WHEREAS the Board of Trustees believes that it is in the interest of the Village to amend the existing ordinance so as to give the Board of Trustees discretion to vary the terms and conditions related to the payment of fees by applicants so long as the fees and charges due to the I Village of Sleepy Hollow are not in any way reduced; and WHEREAS the Board of Trustees held a public hearing on August 21, 2001 in regard to proposed Local Law No. _12 -2001 which proposed local law would amend Chapter 19B of the - Codes of the Village of Sleepy Hollow and all persons having had the opportunity to be heard, NOW THEREFORE BE IT RESOLVED, that Chapter 19B of the Codes of the Village of Sleepy Hollow entitled 'Tees" is hereby amended by the addition of the following section: § 19B-8. Notwithstanding any. other provision of this ordinance, the Board of Trustees at its discretion and for good cause shown may, by resolution, vary the terms and conditions set forth herein : provided that the fees and charges due to the Village are not in any.. way reduced; and it is further- - I RESOLVED that this Local Law shall take effect immediately. -... Moved: T r u s t e e Rodriguez Z47M01S6MSV1 V3WH Seconded:Trustee Stever Vote: 6-0 �JUL.12.2001 4:26PM KEANE&BEfiNE ' VBLLAGE OF SLEEPY HOLLOW LOCAL LAW NO. ~~N0.939 12 P.2/2" I -2001 Be it resolved by the Board of Trustees as the Village of the Village of Sleepy Hollow as follows: (1) Chapter 19B of the Codes of the Village of Sleepy Hollow entitled "Fees" is hereby amended by the addition of the following section: (2) § 19B-8. Notwithstanding any other provision of this ordinance, the Board of. Trustees at its discretion and for good cause shown may, by resolution, vary the terms and conditions set forth herein provided that the fees and charges due to the Village are not in any way reduced. ' I . (3) This law shall take effect immediately. I 247M>3;i53413Vl 7/1 2/M �<a2-(o I MEETING DATE: 09/18/01 RESOLUTION #: 09/86/01 Village of Sleepy Hollow Resolution Approving Development.Fee Agreement Kendal on Hudson WHEREAS, an application for a Special Permit in regard to the construction of a continuing care retirement community ("CCRC") °n the grounds of the Phelps Memorial " Hospital has been made by Kendal on Hudson, a New York notrfor-profit corporation ("Kendal") and Phelps Community Corporation, a New York nqt-forrprofit corporation M("Phelps") (jointly the "Apph'cant").4o the Mayor and Board of Trustees' (the-"Board") of the Village of Sleepy Hollow; and _._.;_ . •--' - WHEREAS, the CCRC is. proposed, to be .located on a leased parcel of land on the grounds ofPhelps located in the Village ofSleepy HqUjpw,(the "Site"); and - . . . . WHEREAS, Kendal has requested relieffromjup front payment of the full amount of the -*_ various Professional Review and Consulting Fees prior tofibtaihmg^britem^plaled"financingand -has also requested the Village, for good cause shown, to exercise its discretion pursuant to section 19B-8 of the Village Code (Local Law No. -2001) ?-.snot requiring other fees relating to the planning, review and construction of the CCRC to be paid at the times required I ursuant to the Village Code; and WHEREAS, Kendal has requested that all remaining required fees, other than the Professional Review and Consulting Fee, be paid at the Bond Closing and funding of same; and WHEREAS, Kendal as a duly qualified not-for-profit corporation exempt from real property taxes, has agreed to make certain 'payments in lieu of taxes' ("PILOT") to the taxing jurisdictions; and �*>7 I WHEREAS, Kendal and the Village desire flexibility regarding the timing of payments and certainty regarding the amounts of the fees required to be paid by Kendal to the Village under the Village Code for the development of the CCRC (collectively, the 'Tees"); and WHEREAS, the timing of the payment will benefit the Village's cashflow;and - NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees hereby approve the Development Fee Agreement attached'hereto""'and made a'part of this Resolution, and " . ;.---. .., . ;;_ . . . . . BE IT FURTHER RESOLVED, that the Mayor is authorized to execute, on behalf of the I Village, a Development Fee Agreement in a form substantially similar to that which is attached hereto, provided that the amount of the payment set forth therein shall not be reduced. M o v e d : T r u s t e e Rodriguez - :v •S€cbifded^rtrg%"ee-Stiever ^ - ' V o t e : 6-0 I 9600/01/155588 VI 9/18,01 �<£X% I DEVELOPMENT FEE AGREEMENT KENDAL ON HUDSON THIS AGREEMENT ("Agreement") made as of the 18thday of Septembe;i2001, by and between KENDAL ON HUDSON, a not-for-profit corporation duly organized and existing under the laws of the State of New York, having an office at c/o The Kendal Corporation, P.O. Box 100, Kennett Square, Pennsylvania 19348 ("Kendal"), and the VILLAGE OF SLEEPY I HOLLOW, NEW YORK (the "Village"), a municipal corporation duly organized and existing under the laws of the State of New York, having its principal office at 28 Beekman Avenue, Sleepy Hollow, New York 10591. WHEREAS, Kendal has submitted a petition to the Board of Trustees of the Village for amendments to the Village Zoning Ordinance (the "Petition") to permit the development of a continuing care retirement community (the "CCRC") on the property of Phelps Community Corporation ("Phelps Memorial Hospital Center"), and has submitted an application to the Planning Board of the Village for site plan approval of the CCRC (the "Application"); and WHEREAS, the CCRC is proposed to be a "project" (as that term is defined in New York General Municipal Law Article 18-A) of the County of Westchester Industrial H Development Agency (the "Agency"); and WHEREAS, Kendal has requested relief from payment of the full amount of the Professional Review and Consulting Fee (as defined in section 1 (a) below) prior to the Bond Closing (as defined in section 1 (b) below) and has also requested the Village, for good cause shown, to exercise its discretion pursuant to section 19B-8 of the Village Code (Local Law No. MOO/01/156716 VI 9; 18*1 �-2001) in not requiring other fees relating to the planning, review and construction of the CCRC to be paid at the times normally required pursuant to the Village Code; and WHEREAS, Kendal has requested that all fees, other than the Professional Review and Consulting Fee, be paid at the Bond Closing, after all municipal approvals have been obtained; WHEREAS, Kendal and the Village desire flexibility regarding the timing of payments and certainty regarding the amounts of the fees required to be paid by Kendal to the Village under the Village Code for the development of the CCRC (collectively, the 'Tees"). NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein contained, the parties agree as follows: Section 1. Professional Review and Consulting Fee. (a) Kendal shall pay to the Village all Professional Review and Consulting Fees incurred in connection with the CCRC. For the purposes of this Agreement, the term "Professional Review and Consulting Fee(s)" shall mean, without limitation: (a) professional and consulting fees under section 19B-4 of the Village Code; (b) escrow account fees for professional consultation under section 19B-6 of the Village Code; and (c) environmental quality review fees under section 19B-7 of the Village Code and/or under the State Environmental Quality Review Act and the regulations promulgated thereunder. (b) Payment of any Professional Review and Consulting Fee arising prior to the closing on th& sale-of'the~bonds-bythe^genGy^to^rovide4inan<Hng^or-lhe-GGRG-(th€-^ond-Qosing^ shall be made as they are incurred, up to the sum of $100,000.00 ($40,000.00 of which has already been paid). Any Professional Review and Consulting Fee in excess of $100,000.00 shall 9600/01/156716 VI 9/IS/01 �<=£ I be paid by Kendal at the Bond Closing. Any Professional Review and Consulting Fee incurred for modification review or for any other reason, after the Bond Closing shall be paid by Kendal pursuant to the Escrow Agreement. In "the event that Kendal does hot proceed with the development of the CCRC for any reason, Kendal shall nevertheless be responsible for payment of all Professional Review and Consulting Fees which shall be paid within ten (10) days of written notice from the Village. If Kendal fails to make any payment due hereunder, after receipt of a written statement of charges, said payment shall be subject to a penalty equal to ten (10%) H per annum of the delinquent amount. (c) Until such time as Professional Review and Consulting Fees totaling an aggregate of 5100,000.00 have been paid, Kendal agrees to maintain a minimum of $1,000.00 at all times in the escrow account with the Village established for the payment of such Fees pursuant to agreement with the Village dated as of June 10, 1999 (the "Escrow Agreement") and submitted as part of its Application. Section 2. Development Fee. Kendal shall pay to the Village a Development Fee in the total aggregate amount of $1,074,800.00. For the purposes of this Agreement, the term "Development Fee" shall mean any I and all fees and costs payable to the Village under the Village Code with respect to the Petition, the Application and the development by Kendal of the CCRC up to the receipt of a final Certificate of Occupancy not otherwise specified in sections 1 and 3 of this Agreement, including, without limitation (a) Architectural Review Board fees under Chapter 6 of the Village Code; (b) building permit fees under section 19B-2 and Chapter 62 of the Village Code; (c) site plan application and review fees under section 19B-3 and Chapter 62 of the Village Code; (d) 9600.1)1/156716 VI 9/I8.TH -3- 3D �^1 I electrical permit fees under section 18-13 of the Village Code; (e) subdivision application and review fees, if any; (f) certificate of occupancy fees under Chapter 62 of the Village Code (g) plumbing and sprinkler permit fees, if any; and (h) sewer and water connection fees under Chapter 45 of the Village Code. Section 3. Recreation Fee. Kendal shall pay to the Village a Recreation Fee in the total amount of $662,500.00. For the purposes of this Agreement, the term "Recreation Fee" shall mean, without limitation; (a) M recreation fund fees under section 19B-5 of the Village Code; (b) fees in lieu of reservation of ^ park land and open space under Chapter 62 of the Village Code; and (c) fees in lieu of park land under New York Village Law sections 7-725 and 7-730. Section 4. Payment Kendal shall pay the Development Fee and the Recreation Fee in the total sum of $1,737,300.00, to the Village on the date of the Bond Closing and funding of same but in no event later than 5 days after the Closing. In the event that Kendal shall default in payment hereunder, the outstanding balance shall be subject to a penalty equal to ten (10%) percent per annum of the delinquent amount. . IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names and on their behalf by their duly authorized officers, all as of the day and year first written above. VILLAGE OF SLEEPY HOLLOW By: Philip E. Zegarelli, Mayor 9600/01/156716 VI 9/I8.D1 -4- H �<^3l2 I KENDAL ON HUDSON By: - ' Gretchen S. Berger Chair, Board of Directors I I 9600,VinS67l6 VI 9/18/01 -5£^S>r^-sj^«-i^-«<»'—•«jAta-iKsiB �^33 I MEETING DATE: 09/18/01 RESOLUTION '#: 09/87/01 Village of Sleepy Hollow Resolution Approving Payment In Lieu of Taxes Agreement Kendal on Hudson WHEREAS, an application for a Special Permit for the construction of a continuing care retirement community ("CCRC") on the grounds of the Phelps Memorial Hospital has been made by Kendal on Hudson, a New York not-for-profit corporation ("Kendal") and Phelps Community Corporation, a New York not-for-profit corporation ("Phelps") (jointly the "Applicant") to the Mayor and Board of Trustees (the "Board") of the Village of Sleepy Hollow; and • WHEREAS, the Board has conditionally approved the Special Permit; and one such condition provides for required payments in lieu of taxes (PILOT) as more fully detailed herein, and .- ; ^ " WHEREAS, the CCRC is to be located on a leased parcel of land.on the grounds of Phelps located in the Village of Sleepy Hollow (the "Site"); and WHEREAS, the New York State Industrial Development Agency Act, constituting Title I of Article 18-A of the General Municipal Law of the State of New York, as amended (the I "Enabling Act") authorizes and provides for the creation of industrial development agencies in the several counties, cities and towns of the State of New York and empowers such agencies to acquire, construct, reconstruct, lease, maintain, equip, furnish and dispose of one or more projects for the purpose of promoting, developing, encouraging and assisting in the acquisition, construction, reconstruction, improvement, mamtaining, equipping and furnishing of industrial, manufacturing, warehousing, commercial^ civic, .research and .recreational iacililies, thereby 9WKMH/155559 VI 9/18.1)1 �&i I advancing the job opportunities, general prosperity and economic welfare of the people of the State of New York; and WHEREAS, pursuant to and in accordance with the provisions of the Enabling Act, the County of Westchester Industrial Development Agency (the "Agency") was established. by Chapter 788 of the Laws of 1976 of the State of New York, as amended by Chapter 564 of the Laws of 1983 (together with the Enabling Act, the "Act") for the benefit of the County of Westchester and the inhabitants thereof; and • . .... WHEREAS, the Enabling Act authorizes industrial development agencies in the several I counties to provide financial, assistance to continuing care retirement communities duly constituted under state law; and - WHEREAS, the Enabling Act authorizes each such agency to make contracts and leases, including agreements for payments in lieu of taxes, and to execute all instruments necessary or convenient to or with any person, firm, company or corporation; and .... WHEREAS, to accomplish the purposes of the Act, the Applicant intends to enter into a certain Project Agreement or financing documents with the Agency, for a continuing care retirement community "Project" (within the meaning of the Act) to be located on certain real property within the boundaries of the Village; and WHEREAS, Kendal as a duly qualified not-for-profit corporation exempt from real property taxes, has agreed to make certain 'payments in lieu of taxes1 ("PILOT") to the applicable taxing jurisdictions, including the Village of Sleepy Hollow, the Union Free School District of the Tarrytowns, the Town of Mount Pleasant and the County of Westchester; and 9600/01/155559 V! 9/I8/0I I �o23^ I WHEREAS, pursuant to Section 874(1) of the Act and Section 412-a of the Real Property Tax Law, the Agency is exempt from payment of taxes and assessments imposed on real property and improvements owned by it (the "Tax Exemption"), including taxes and assessments imposed by the State of New York, the County of Westchester, the Town of Mt. Pleasant, the Union Free School District of the Tarrytowns and the Village (collectively, the "Taxing Jurisdictions") other than special ad valorem levies and special assessments; and I -WHEREAS, the Agency is expected to confer financial benefits on the Applicant which - benefits shall include real property tax exemption in accordance with the terms and provisions of a PILOT Agreement; and WHEREAS, the Applicant has represented that the Project is expected to maintain or ;. increase employment in the Village and in the County of Westchester and has made additional ." i- v' factual representations concerning itself and the Project upon which the Village is relying and the provision by the Agency of financial assistance to the Applicant has been determined to be necessary in order for the Project to be economically viable; and if the Agency does not provide such financial assistance, the Applicant could not feasibly proceed with the Project; and WHEREAS, the Board has determined that it is in the best interest of the Village to enter H into a PILOT Agreement with the Applicant and the Agency; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees hereby approve entering into a PILOT Agreement with the Agency and the Applicant, a draft of which is attached hereto and made a part of this Resolution, and . . . . . . BE IT FURTHER RESOLVED, that,-in ihe .event the Agency enters into a. Project.. Agreement or financing documents with the Applicant, the Mayor is authorized to execute, on 960Q;Ulfl55559Vl 9/18/01 -3- �I behalf of the Village, a PILOT Agreement in a form substantially similar to that which is attached hereto, provided that the total amount of the payments to the taxing jurisdictions as set forth therein shall not be reduced. Moved: Trustee Zieja Seconded:Trustee RodriguezVote: 6-0 I I 9600/0 1/155559 VI 9/18.1)1 -4- �^_?c PAYMENTS IN LIEU OF TAXES AGREEMENT KENDAL ON HUDSON THIS AGREEMENT ("Agreement") made as of the 18 day o f S e p t e r a s e r , Qlby and between the COUNTY OF WESTCHESTER INDUSTRIAL" DEVELOPMENT AGENCY/a corporate governmental agency constituting a body corporate and politic and a public benefit corporation of the State of New York, duly organized and existing under the laws of the State of New York, having its principal office at 148 Martine Avenue, White Plains, New York 10601, party of the first part (the "Agency"), KENDAL ON HUDSON, a not-for-profit corporation duly organized and existing under the laws of the State of New York, having an office at c/o The Kendal Corporation, P.O. Box 100, Kennett Square, Pennsylvania 19348, party of the second part (the "Company"), and the VILLAGE OF SLEEPY HOLLOW, NEW YORK (the "Village"), a municipal corporation duly organized and existing under the laws of the State of New York, having its principal office at 28 Beekman Avenue, Sleepy Hollow, New York 10591. WHEREAS, the New York State Industrial Development Agency Act, constituting Title I of Article 18-A of the General Municipal Law of the State of New York, as amended (the "Enabling Act") authorizes and provides for the creation of industrial development agencies in the several counties, cities and towns of the State of New York and empowers such agencies to acquire, construct, reconstruct, lease, maintain, equip, furnish and dispose of one or more projects for the purpose of promoting, developing, encouraging and assisting in the acquisition, construction, reconstruction, improvement, maintaining, equipping and furnishing of industrial, manufacturing, warehousing, commercial, civic, research and recreational facilities,, thereby advancing the job opportunities, general prosperity and economic welfare of the people of the State of New York; and WHEREAS, the Enabling Act authorizes industrial development agencies in the several counties to provide financial assistance to continuing care retirement communities duly constituted under state law; and WHEREAS, the Enabling Act authorizes each such agency to make contracts and leases, and to execute all instruments necessary or convenient to or with any person, firm, company or corporation; and WHEREAS, pursuant to and in accordance with the provisions of the Enabling Act, the Agency was established by Chapter 788 of the Laws of 1976 of the State of New York, as amended by Chapter 564 of the Laws of 1983 (together with the Enabling Act, the "Act") for the benefit of the County of Westchester and the inhabitants thereof; and WHEREAS, to accomplish the purposes of the Act, the Agency has entered into a certain Project Agreement or-financing-agreementsrwith4he^ Company-dated as-of , {the- "Project Agreement"), for a continuing care retirement community "project" (within the meaning of the Act) to be located at the real property within the boundaries of the Village generally known and designated on the Village tax assessment map as Section 11, Block 1, part 9600/01/152183 V2 9/18/01 �of lot 3 A, which real property is more particularly described in Exhibit "A" hereto (the "Land"); and WHEREAS, the project is being undertaken with respect to the Land and the continuing care retirement community to be constructed thereon (the "Community"), and all buildings, structures and other improvements now or hereafter located thereon," and all fixtures and appurtenances in and to the Community and on the Land and additions thereto and substitutions and replacements thereof, now or hereafter attached to or contained in the Community or located on the Land or placed on any part thereof, and attached thereto, which are used or usable in connection with the present or future operation of the Community or the activities at any time conducted therein and certain machinery, equipment and other tangible personal property (and all repairs, replacements, improvements and substitutions thereof or therefor, and all parts, additions and accessories incorporated therein), subject to the terms of the Project Agreement (collectively, the "Project"); and WHEREAS, the Project consists of the subleasing of the Community and the Land by the Company to the Agency, and the construction, reconstruction, improving, maintenance, furnishing and equipping of the Community as is more specifically set forth in the Project Agreement, which Community and Land has been subleased by the Company to the Agency pursuant to a certain Sublease Agreement dated as of , (the "Company Lease"), and subsubleased by the Agency to the Company pursuant to a certain Agreement of Sublease dated as of (the "Sublease"); and I | WHEREAS, the Company has represented that the Project is expected to maintain or increase employment in the County of Westchester and has made additional factual representations concerning itself and the Project upon which the Agency and the Village are relying in entering into this Agreement; and the provision by the Agency of financial assistance to the Company has been determined to be necessary in order for the Project to be economically viable; and if the Agency does not provide such financial assistance, the Company could not feasibly proceed with the Project; and WHEREAS, pursuant to Section 874(1) of the Act and Section 412-a of the Real Property Tax Law, the Agency is exempt from payment of taxes and assessments imposed on real property and improvements owned by it (the ' T a x Exemption"), including taxes and assessments imposed by the State of New York, the County of Westchester, the Town of Mt. Pleasant, the Union Free School District of the Tarrytowns and the Village (collectively, the 'Taxing Jurisdictions") other than special ad valorem levies and special assessments; and WHEREAS, the Agency is willing to confer the benefits of the Tax Exemption on the Company only in accordance with the terms and provisions of this Agreement. —NOWj-THEREFOREy in consideration of-the foregoing,-and the actions- to b& taken by the Agency, the Village and the Company with respect to the Project, the Agency, the Village and the Company agree as follows: 9600.XHA52I83V2 9/18:01 _ I I �^?3 Section 1. Definitions. Terms used in this Agreement but not defined herein shall have the meanings ascribed to them in the Project Agreement: Examples of financial calculations set forth in this Agreement shall be illustrative only. Section 2. Effective Date of Agreement. This Agreement shall become effective upon and as of the Commencement Date (as hereinafter defined). Section 3. Term of Agreement. Unless sooner terminated pursuant to its terms, this Agreement shall terminate on the date of termination of the Sublease. Section 4. (a) Payment Amounts. Payments During Term of Agreement. So long as the Agency is the sublessee of the Land and the Project, the Company hereby covenants and agrees to make payments in lieu of real property taxes ("paymentsin-Iieu-of-taxes") to the Taxing Jurisdictions, in the amounts as set forth in Schedule A (attached hereto and made a part hereof) and at the times and in the respective proportions determined as set forth in Section 5 of this Agreement and without regard to taxable status dates and publication of assessment rolls. (b) Adjustment Upon Termination of the Agreement Upon the termination of this Agreement (for whatever reason) and for each year thereafter for so long as the Project exists, the Company shall pay to the Village and to the Taxing Jurisdictions an amount of payments-in-lieu-of-taxes equal to one hundred percent (100%) of the taxes that would have been levied upon the Project real property (excluding taxes which would have been attributable to the values of the medical facilities, the assisted living/adult home facilities, the skilled nursing center, the common community center and all of their related facilities) as if the Project real property were taxable under law and such special and/or benefit assessments as are required to be paid under Section 7 of this Agreement, and such amount shall be due and payable by Company as is provided in this Sections 5 and 6 of this Agreement for PILOT Amounts. Delinquent payments after termination of the Agreement shall be subject to the same statutory interest, penalties and late charges that are imposed on -delmquenLtax-payments-_Erorn_and_afteranyJemnnatioii oLthis^Agreement^JbeJCompany shall have all of the same rights on the same grounds to challenge the assessment of the Project real property as does any other person under the New York Real Property Tax Law. Provided, however, it is the intent of the parties that the Project real property shall always be subject to payments-in-Iieu of taxes and the Company or any successor in interest shall not claim 9600/01/152183 V2 9/18/01 -3- �exemption from said pilot payments as a result of any tax exempt status or for any other reason. This subsection 4(b) shall survive the termination of this Agreement for any reason whatsoever, notwithstanding any provision of this Agreement to the contrary. Section 5. Billing; Payments. Commencing on a date which is twelve (12) months after the closing on the sale of the bonds by the Agency to provide the financing contemplated hereunder (the "Commencement Date"), the PILOT Amount for the first PILOT Year shall be paid. Subsequent Pilot payments shall be due and payable on each anniversary date of the Commencement Date. The Village shall calculate the payments-in-lieu-of-taxes payable in each year to the Taxing Jurisdictions. Such payments in-lieu-of-taxes shall be allocated among affected tax jurisdictions in proportion to the amount of real property tax and other taxes which would have been received by each affected tax jurisdiction had the property not been tax exempt. Such allocation shall be recalculated every five years. The allocation of payments for the initial five year period is set forth on Schedule A. The Village Assessor shall notify the Company, the Agency and each Taxing Jurisdiction of the amounts and due dates determined hereunder. Amounts due hereunder that are allocable to a Taxing Jurisdiction, as set forth in the notice from the Village Assessor described above, shall be payable directly by the Company to the applicable Taxing Jurisdiction by the applicable due date. Section 6. Late Payments. If the Company fails to pay any portion of payments-in-lieu-of-taxes by the applicable due date, the amount or amounts so in default shall continue as an obligation of the Company until fully paid in accordance with Section 874 of the General Municipal Law. Anything in this Agreement to the contrary notwithstanding: (a) any portion of payments-in-lieu-of-taxes which are delinquent shall be subject to a late payment penalty of five percent (5%) of the amount due which shall be paid to the affected Taxing Jurisdiction at the time that the amount is paid; and (b) for each month, or part thereof, that any portion of payments-in-lieu-of-taxes is delinquent beyond the first month, interest shall accrue to and be paid to the affected Taxing Jurisdiction on the total amount due plus a late payment penalty in the amount of one percent (1%) per month until the payment is made. The Company and the Agency agree that the respective Taxing Jurisdictions and their officials shall be third party beneficiaries of this section of this Agreement, and are authorized by the parties hereto to enforce the provisions hereof. However, the Taxing Jurisdictions (other than the Village) are not authorized to enforce any other provisions of this Agreement. 9600/01/152183 V2 9/18/61 -4- �<??Y/ Section 7. Special Assessments and Benefits. The Company shall also make payments in respect of special and/or benefit assessments duly made against the Project by governmental authorities from the date the Agency becomes the owner of record of the same as required if the Company were the owner of record. Nothing contained herein shall exempt the Company from paying all fire district taxes, special district benefit assessments or user charges, including sewer and water charges, rents, assessments or fees imposed on the Project or that would be imposed on the Project if the Company were the owner of record. Section 8. Other Adjustments. It is understood and agreed by the parties to this agreement that the Agency is entering into this Agreement in order to provide assistance to the Company for the Project and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur an "Adjustment Event" (as hereinafter defined), then upon written notice by the Agency to the Company of the occurrence of such Adjustment Event, the amounts payable by the Company pursuant to Section 4 of this Agreement shall thereafter be adjusted upward such that in each year thereafter the amount payable by the Company shall be as is set forth in subsection 4(b) of tins Agreement. The Company covenants and agrees to furnish the Agency with written notice of any Adjustment Event within ten (10) days after the occurrence of the same. The provisions of this Section 8 shall survive the termination of this Agreement for any reason whatsoever, notwithstanding any provision of this Agreement to the contrary. . For the purposes of this Section 8, "Adjustment Event" shall mean any of the following events: (a) The Company shall have liquidated its operations at the Project, except in connection with a sale, transfer or conveyance permitted under the Superseding Lease; (b) The Company shall have ceased all or substantially all of its operations at the Project; (c) There shall be an Event of Default under the Sublease beyond any applicable notice or grace period and the Agency shall have exercised its right to terminate the Sublease; or (d)_ TheXIompany_shalLbein_deiault,afjny_p^yjnej]LoJiUgalLoji_ox5ny_ojheL material obligation under this Agreement and such default shall remain uncured thirty (30) days following delivery by the Agency or any Taxing Jurisdiction of written notice of such default 9600/01/1521&3V2 9/18/01 �Notwithstanding the foregoing, an Adjustment Event shall not be deemed to have occurred if the Adjustment Event shall have arisen as a direct result of (i) a taking or condemnation by a governmental authority of all or substantially all of the Project, or (ii) the inability of the Company to rebuild, repair, restore or replace the Project after the occurrence of a loss event to substantially its condition prior to such loss event, which inability shall have arisen in good faith through no fault on the part of the Company or any Affiliate, including, without limitation, as a result of the provisions of any tenant sublease or any mortgage of the Project. Section 9. Security and PILOT Mortgage. The Company shall ensure, and the Agency shall use its best efforts, without requiring the Agency to expend funds of the Agency, to provide that commencing on the Commencement Date of this Agreement and during the term hereof, the Company's obligation to make payments-inlieu-of-taxes in respect of the Project and any other payments in Sections 4, 6 and 7 hereof shall constitute a valid and enforceable first lien on the Project prior to all mortgages or encumbrances on the Project granted by the Company or the Agency including, without limitation, the Company Lease and any mortgage held by any lender. At the time of execution and delivery of this Agreement and the conveyance of the Project to the Agency, the Company and the Agency shall grant a first mortgage (the "PILOT Mortgage") to the Village in order to secure the obligations of the Company under this Agreement. The Company hereby convenants and agrees that it will forever warrant and defend the same to the Municipalities and the Agency, and will forever warrant and defend the validity and priority of the lien of the PILOT Mortgage against the claims of all persons and parties whomsoever other than any governmental or quasi-governmental body, agency or other instrumentality which would be entitled to priority over any lien or claim for Real Estate Taxes assertable by the Agency or the Municipalities in the absence of a PILOT Agreement. The Agency and the Company agree that each and every mortgage on the property (and all advances made from time to time thereunder) given by the Company and the rights of any lenders to receive payments shall be subordinate to the right of the Agency and the Taxing Jurisdictions to receive and collect payments-in-lieu-of-taxes hereunder and shall be specifically subordinate to the PILOT Mortgage. Section 10. Assignment. This Agreement shall be binding upon the successors and assigns of the Company. The duties and obligations of the Company under this Agreement shall not be assigned without the written consent of the Agency and the Village except to permitted transferees under, and in accordance with, the Superseding Lease. The Company shall give written notice to the Taxing Jurisdictions of any permitted assignment. Section 11. Transfer of Project In the event that the Project is transferred from the Agency to the Company or another party, the provisions of New York State Real Property Tax Law Section 520 making the Project subject to taxation shall apply and the obligation of the Company hereunder to pay payments-inlieu-of-taxes shall be null and void with respect to the Project. 9600 0M52IS3V2 9/18/01 -6- �3 I Section 12. Change in Law. In the event that the Project is declared to be subject to taxation by an amendment to the Act, other legislative change, or by a final judgment of a court of competent jurisdiction, the obligation of the Company hereunder pay payments-in-lieu-of-taxes with respect to the Project shall to such extent be null and void. Section 13. Non-Recourse to Agency. Obligations arising out of this Agreement are solely the responsibility of the Company and not of the Agency and are payable out of receipts, funds or other monies of the Company. Section 14. I Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard or giving effect to the principles of conflicts of laws thereof. Section 15. Counterparts; Amendments. This Agreement may be executed by one or more parties in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement may only be modified or amended in writing with the consent of all of the parties hereto. Section 16. Notice. Any notice, demand, request or other communication given or required to be given hereunder shall be in writing and shall be delivered personally or sent by certified mail, return receipt requested, or by overnight delivery service, to the party at its address set forth below: I VILLAGE OF SLEEPY HOLLOW 28 Beekman Street Sleepy Hollow, New York 10591 Attn: Mayor and Village Assessor With a copy to: Keane & Beane, P.C. One North Broadway White Plains, New York 10601 Attn: Joel Sachs COUNTY OF WESTCHESTER INDUSTRIAL DEVELOPMENT AGENCY 148 Martine Avenue White Plains, N.Y. 10601 Attn: Executive Director 9600/01/152183 V2 9/18/01 -7- V3 �KENDAL ON HUDSON c/o The Kendal Corporation P.O. Box 100 Kennett Square, Pennsylvania 19348 Attn: Chief Financial Officer Anj' party, by written notice to the others, may designate a different address or addresses to which notice, demand, request or other communications shall thereafter be sent. Section 17. Representations and Warranties by the Company. The Company does hereby represent and warrant as follows: (a) Kendal on Hudson, a not-for-profit corporation duly organized, validly existing and in good standing under the laws of the State of New York, has been duly authorized to execute, deliver and perform its obligations under this Agreement. (b) The Company is authorized and has the power under the laws of the State of New York to enter into this Agreement and the transactions contemplated hereby and to perform and carry out all covenants and obligations on its part to be performed under and pursuant to this Agreement. The Company has duly authorized the execution, delivery and performance of this Agreement and the consummation of the transaction herein contemplated. The Company is not prohibited from entering into this Agreement and discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement and the execution, delivery and performance of this Agreement, the consummation of the transactions contemplated hereby and the fulfillment of the compliance with the provisions of this Agreement will not conflict with or violate or constitute a breach of or a default under the terms, conditions or provisions of any of its agreements, its certificate of incorporation, or any other restriction or any law, rule, regulation or order of any court or other agency or authority of government, or any contractual limitation, restriction nor indenture, deed of trust, mortgage, loan agreement, other evidence of indebtedness or any other agreement or instrument to which the Company is a party or by which it or any of its property is bound. The Company's discharging and performing all covenants and obligations on its part to be performed under the and pursuant to this Agreement will not be in conflict with or result in a breach of or constitute (with due notice and/or lapse of time) a default under any of the foregoing, or result in the creation of or imposition or any lien of any nature upon any of the property of the Company under the terms of any of the foregoing, and this Agreement is the legal, valid and binding obligation of the Company enforceable in accordance with its terms. (c) There are no actions or proceedings pending or, to the best knowledge of the . Company, threatened .against ihe_C_o_mpany_ before any court or adrrumstratiye agency_ which_ are likely to have a material adverse effect on the Company's condition or the results of its operations or its ability to perform its obligations under this Agreement. 9600;01fl521S3V2 9/I8.0I �^VT I (d) The Company shall maintain its not-for-profit status and shall remain in good standing under the laws of the State of New York during the term of this Agreement. (e) Other than those required for a licensed continuing care retirement community, no authorization, consent, approval or license or other action by, and no notice to or filing or registration or qualification with, any governmental authority or regulatory body or any other third party is required for the execution, delivery and performance by the Company of this PILOT Agreement. Section 18. I Counsel Fees. The Company expressly convenants and agrees to pay in full the reasonable fees and expenses of the Municipalities' or any of their subdivision's or the Agency's counsel, promptly upon receipt of the statement therefor, which are incurred after the date hereof and which fees and expenses arise in connection with the enforcement of this PILOT Agreement and the transactions and obligations contemplated hereby. Such fees and expenses shall be secured by the PILOT Mortgage (as hereinafter defined). If any claim is brought by a third party against the Agency and/or a municipality with respect to any matter related to this PILOT Agreement (only if such claim is the direct result of the. Company's breach of its obligations, convenants and agreements under this PILOT Agreement or the PILOT Mortgage), the Company shall defend the Agency and/or municipality against such claim with counsel reasonably acceptable to the Agency and/or municipality. Notwithstanding the foregoing, the Company shall not be required to pay fees and expenses of counsel with respect to a claim made against the Municipalities by the Company, unless the Municipalities are, respectively, the prevailing party in such action. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names and on their behalf by their duly authorized officers, all as of the day and year first above written. VILLAGE OF SLEEPY HOLLOW By: Philip E. Zegarelli, Mayor I COUNTY OF WESTCHESTER INDUSTRIAL DEVELOPMENT AGENCY By. Name: Title: Chairman KENDAL ON HUDSON By: Name: Gretchen S. Berger Title: Chair, Board of Directors 9*00/01/152183 V2 9/18*1 "JlT*>--?t=J5.4 —--"--= ->- - ^ - " . * ~ * - - ^ S " ^ - i " " ^ = ^ ' * i r i ; : - ^ �^ I Consented to: UNION FREE SCHOOL DISTRICT OF THE TARRYTOWNS By: TOWN OF MT. PLEASANT By: I I 96OO/0M52I83V2 J/18,'01 -10- �c*V7 I SCHEDULE A KENDAL-ON-HUDSON PILOT PAYMENTS TOTAL 100% I I VILLAGE 34% * . $ " 5 76,500.00 $119,000.00 $119,000.00 $119,000.00 $153,000.00 $ 153,000.00 $256,275.00 $286,875.00 $298,350.00 $309;825.00 $321,300.00 $330,939.00 $340,867.17 $351,093.19 $361,625.98 $372,474.76 $383,649.00 $395,158.47. $407,013.23 $419,223.62 $431,800.33 YEAR1 S YEAR2 225,000.00 $ YEAR 3 $ 350,000.00 YEAR 4 5 350,000.00 YEAR 5 $ 350,000.00 YEAR 6 $ 450,000.00 YEAR 7 $ 450,000.00 YEAR 8 5 753,750.00 YEAR9 $ 843,750.00 YEAR 10 $ 877,500.00 YEAR 11 $ 911,250.00 YEAR 12 $ 945,000.00 YEAR 13 $ 973,350.00 YEAR 14 $ 1,002,550.50 YEAR 15 $ 1,032,627.02 YEAR1G $ 1,063,605.83 YEAR 17 $ 1.095,514.00 YEAR 18 $1,128,379.42 YEAR 19 ' $ ' i,162,230.80 YEAR 20 $ 1,197,097.73 YEAR 21 $ 1,233,010.66 YEAR 22 $ 1,270,000.98 YEAR 23 $ 1,308,101.01 %AAA 7 5 4 34 YEAR24..,--5.1.347,344,04 . $.-45A0SS-97YEAR 25 $ 1,387,764.36 $471,839.88 YEAR 26 $ 1,429,397.29 $485,995.08 YEAR 27 $ 1,472,279.21 $ 500,574.93 YEAR 28 $ 1,516,447.58 $515,592.18 YEAR 29 $ 1,561,941.01 $531,059.94 YEAR 30 5 1,608,799.24 S 546,991.74 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5 5 $ $ $ $ $ $ $ $ $ $ $ $. $ TOWN 0.50%* 1,125.00 1,750.00 1,750.00 1,750.00 2,250.00 2,250.00 3,768.75 4,218.75 4,387.50 4,556.25 4,725.00 4,866.75 5,012.75 5,163.14 5,318.03 5,477.57 5,641.90 5,811.15 5,985.49 6,165.05 6,350.00 6,540.51 6,736,72 6,938.82 7,146.99 7.361.40 7,582.24 7,809.71 8,044.00 COUNTY 11.50%* SCHOOL 54% * $ $ S 25,875.00 $121,500.00 $ 40,250.00 $189,000.00 $ 40,250.00 $ 189,000.00 $ 40,250.00 $ 189,000.00 $ 51,750.00 $ 243,000.00 $ 51,750.00 $243,000.00 $ 86,681.25 $407,025.00 $ 97,031.25 $455,625.00 $ 100,912.50 $473,850.00 $ 104,793.75 $492,075.00 $ 108,675.00 $510,300.00 $111,935.25 $ 525.609.00 $115,293.31 $541,377.27 $ 118,752.11 $557,618.59 $ 122,314.67 $574,347.15 $125,984.11 $591,577.56 $ 129.763.63 $609,324.89 $ 133,656.54 $627,604.63 . $ 137,666.24 $646,432.77 $141,796.23 $ 665,825.76 $146;050.11 $685,800.53 $150,431.62 $706,374.54 $ 1154^44.56 •-..$J2?k5§5..7&. $159,592.90 $749,392.75 $ 164.380.69 $771,874.54 $169,312-11 $795,030.77 $174,391.47 $818,881.70 $ 179,623.22 $843,448.15 $185,011.91 $868,751.59 * Pursuant to §5 of the Agreement, the allocaton of the annual payments shall be recalculated every five (5) years, beginning with the payment for year 6. Therefore, the allocation of payments for years 6 through 30 is for illustration purposes since the proportion will change. 7/7/ni �J?Y8 I DEVELOPMENT FEE AGREEMENT KENDAL ON HUDSON THIS AGREEMENT ("Agreement") made as of the 18thday ofSeptember2001, by and between KENDAL ON HUDSON, a not-for-profit corporation duly organized and existing - under the laws of the State of New York, having an office at c/o The Kendal Corporation, P.O. Box 100, Kennett Square, Pennsylvania 19348 ("Kendal"), and the VILLAGE OF SLEEPY •HOLLOW, NEW YORK (the "Village"), a municipal corporation duly organized and existing under the laws of the State of New York, having its principal office at 28 Beekman Avenue, Sleepy Hollow, New York 10591. WHEREAS, Kendal has submitted a petition to the Board of Trustees of the Village for amendments to the Village Zoning Ordinance (the 'Tetition") to permit the development of a - . continuing care retirement community (the ."CCRC") on the property of Phelps Community .. - Corporation ("Phelps Memorial Hospital Center"), aiid has submitted an application to the •- Planning Board of the Village for site plan approval of the CCRC (the "Application"); and WHEREAS, the CCRC is proposed to be a "project" (as that term is defined in New I r ork General Municipal Law Article 18-A) of the County of Westchester' Industrial )evelopment Agency (the "Agency"); and ; *-.-";.-. ' '.-- '-. '. WHEREAS, Kendal has requested relief from payment of the full amount of the Professional~Review~Md~ConMlting FeeH(a^ Closing (as defined in section 1(b) below) and has also requested the Village, for good cause shown, to exercise its discretion pursuant to section 19B-8 of the Village Code (Local Law No. 9600D1/I56716VI 9/1&D1 .„, , _ t . ' „ , , . - . �Ml I -2001) in not requiring other fees relating to the planning, review and construction of the CCRC to be paid at the times normally required pursuant to the Village Code; and WHEREAS, Kendal has requested that all fees, other than the Professional Review and Consulting Fee, be paid at the Bond Closing, after all municipal approvals haVe been obtained; WHEREAS, Kendal and the Village desire flexibility regarding the timing of payments and certainty regarding the amounts of the fees required to be paid by Kendal to the Village under the Village Code for the development of the CCRC (collectively, the 'Tees"). I NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein contained, the parties agree as follows: - •--.."- Section 1. Professional Review and Consulting Fee.. : -- (a) Kendal shall pay to the Village all Professional Review and Consulting Fees incurred in connection with the CCRC. For-the purposes of this Agreement, the term "Professional Review and Consulting Fee(s)" shall mean, without limitation: (a) professional and consulting fees under section 19B-4 of the Village Code; (b) escrow account fees for professional consultation under section 19B-6 of the Village Code; and (c) environmental quality review fees under section 19B-7 of the Village Code and/or under the State Environmental Quality Review Act and the regulations promulgated thereunder. (b) Payment of any Professional Review and Consulting Fee arising prior to the closing on the sale of the bonds by the Agency to provide financing for the CCRC (the "Bond Closing") shairhelriade as they are incurred, up to the sum of SI00.000.00"($40,000.00 of which has' already been paid). Any Professional Review and Consulting Fee in excess of $100,000.00 shall 9600J01/I567ISV1 9/1S/01 -2- I �JSb I be paid by Kendal at the Bond Closing. Any Professional Review and Consulting Fee incurred for modification review or for any other reason, after the Bond Closing shall be paid by Kendal pursuant to the Escrow Agreement. In the event that Kendal does not proceed with the. development of the CCRC for any reason, Kendal shall nevertheless be responsible'for payment .of all Professional Review and Consulting Fees which shall be paid within ten (10) days of written notice from the Village." If Kendal fails to make any payment due hereunder, after receipt f a written statement of charges, said payment shall be subject to a penalty equal to ten (10%) I er annum of the delinquent amount. - (c) Until such time as Professional Review and Consulting Fees totaling an aggregate of. $100,000.00 have been paid, Kendal agrees to maintain a minimum of $1,000.00 at all times in the escrow account with the' Village established for the payment of such Fees pursuant to . agreement with the Village dated as of June 10, 1999 (the "Escrow Agreement") and submitted as part of its Application. " ' ^ " •"-'.-.------::""_" " : * ' - - - - - - -••-•-.. -•-- "... ~ Section 2. Development Fee. Kendal shall pay to the Village a Development Fee in the total aggregate amount of f 1,074,800.00. For the purposes of this Agreement, the term "Development Fee" shall mean any nd all fees and costs payable to the Village under the Village Code with respect to the Petition, the Application and the development by Kendal of the CCRC up to the receipt of a final Certificate of Occupancy not otherwise specified in sections 1 and 3 of this Agreement, including, without limitation (a) Architectural Review Board fees under Chapter 6 of the Village Code; (b) building permit fees under section 19B-2 and Chapter 62 of the Village Code; (c) she plan application and review fees under section 19B-3 and Chapter 62 of the Village Code; (d) 9600/D1/1567KV1 9/18/01 �3& electrical permit fees under section 18-13 of the Village Code; (e) subdivision application and review fees, if any; (f) certificate of occupancy fee_s under Chapter 62 of the Village Code (g) plumbing and sprinkler permit fees, if any; and (h) sewer and water connection fees under Chapter 45 of the Village Code. Section 3. Recreation Fee. Kendal shall pay to the Village a Recreation Fee in the total amount of $662,500.00. For the purposes of this Agreement, the term "Recreation Fee" shall mean, without limitation; (a) recreation fund fees under section 19B-5 of the Village Code; (b) fees in lieu of reservation of park land and open space under Chapter 62 of the Village Code; and (c) fees in lieu of park land under New York Village Law sections 7-725 and 7-730. ';•••-.' Section 4. Payment. Kendal shall pay the Development Fee and the Recreation Fee in the total sum of $1,737,300.00, to the Village on the date of the Bond Closing and funding of same but in no " event later than 5 days after the Closing. In the event that Kendal shall default in payment hereunder, the outstanding balance shall be subject to a penalty equal to ten (10%) percent per annum of the delinquent amount. . IN WITNESS WHEREOF, the parties .have caused this Agreement to be executed in thenrespective names and on their behalf by their duly authorized officers, alias of the day and year. " first \vntteh aboveT _ VILfeAGE-OF^tEEF^HOLtOW By: : Philip E. Zegarelli, Mayor 9500/01/156716 VI 9/18/01 -4- �£50. Meeting D a t e : 0 9 / 1 8 / 0 1 , R e s o l u t i o n #: Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Contract with Peter J. Landi Inc. For the Valley Street Sidewalks Improvement Project Whereas, by prior action the Mayor and Trustees of the Village of Sleepy Hollow have executed a grant agreement with the County of Westchester for Community Development Block Grant (CDBG) funds to undertake certain sidewalk improvements to sections of Valley Street, and Whereas, subsequently bidsfromqualified contractors were solicited to undertake said improvements and four bids were received by the deadline date of Thursday, August 23, 2001, and Whereas, the bid proposals were duly opened and the low bidder, Peter J. Landi, Inc. of 249 Main Street, Eastchester, New York 10709 was identified and determined to have submitted a responsive bid proposal, complying with all terms and requirements of the bid documents, and Whereas, said low bid of one hundred andfiftytwo thousand and three hundred and eighty dollars ($152, 380) was less than the amount of CDBG funds of one hundred and sixty-five thousand dollars ($165,000) allocated for said project. Now, Therefore, Be It Resolved that, the Village Board herein accepts the bid proposal of Peter J. Landi, Inc. for the Valley Street sidewalk improvements project at a total price of $152, 380 to be funded with CDBG funds, and Be It Further Resolved, that the Village Board herein authorizes the Mayor to execute a contract for said work, and to take other such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Higle Seconded:Trustee Zieja Vote:6-0 09/88/01 �PS? Meeting Date: 09/18/01 ,' R e s o l u t i o n #: 09/89/01' RESOLUTION AUTHORIZING TAX CERTIORARI SETTLEMENT WHEREAS, petitions having been filed by the property owner, below challenging real property tax assessments on the Village's assessment roll with respect to the following parcels: Property Owner Address Description Year(s) ELIZABETH MELLER Section 14, Block 20, Lots 1A-2A 1996-1998 WHEREAS, petitioner's court challenge is now pending in Supreme Court, Westchester County; and . . WHEREAS, the Village and the property owner have reached a mutually agreeable resolution; . " . NOW THEREFORE BE IT RESOLVED," the Office ofthe Village Attorney is authorized to execute a settlement on behalf of the Village for assessments for no less than the following: • Tax Year 1996 1997 1998 Original Assessment .. 251,600 251,600 251,600 Proposed • . Settlement AV 240,000 240,000 240,000 . Reduction 11,600 11,600 11,600 The Village of Sleepy Hollow's share of the refund is ± 420.82. Moved:Trustee Higle Seconded: Trustee DiFelice Vote: 6-0 �-?5y i Meeting D a t e : 0 9 / 1 8 / 0 1 *, R e s . o s l u t i o n #: 03/90/01 RESOLUTION AUTHORIZING TAX CERTIORARI SETTLEMENT WHEREAS, petitions having been filed by the property owner, below challenging real property tax assessments on the Village's assessment roll with respect to the following parcels: I . Year(s) Property Owner Address Description CAROLINE AMENTA " Section 16, Block 7, Lots 6-4-46 2001 WHEREAS, petitioner's court challenge is now pending in Supreme Court, Westchester County; and WHEREAS, the Village and the property owner have reached a mutually agreeable resolution; - NOW THEREFORE BE IT RESOLVED, the Office ofthe Village Attorney is authorized to execute a settlement on behalf of the Village for assessments for no less than the following:' Tax Year Original Assessment Proposed Settlement AV 2001 514,000 342,138 Reduction 171,862 The Village of Sleepy Hollow's share of the refund is + 4,936.06. H Moved: Trustee Stever Seconded: Trustee DiFelice Vote: 6-0 �si Meeting D a t e : 09/18/01 . R e s o l u t i o n #: 09/91/01 EESOLTJTIpN AUTHORIZING TAX CERTIO?[ARI SETTLEMENT WHEREAS, petitions having been filed by the j>roperty owner, below challenging real property tax assessments on the Village's assessment roll with respect to the following parcels: Property Owner Address Description Year(s) LEEMILTS PETROLEUM Section 15, Block 13, Lots 37,38,39 1998-2000 WHEREAS, petitioner's court challenge is now pending in Supreme Court Westchester County;'and WHEREAS, the Village and the property owner have previously reached a mutually agreeable resolution through the 1997 assessment year; and WHEREAS, according to RPTL §727, the 1998,1999 and 2000 Viliage assessments are subject to reductions to the settlement assessment for the 1997 assessment; and WHEREAS, the 1998 Village assessments were placed on the assessment roll at an amount equal to the pre-settlement 1997 assessment; and - ' WHEREAS, the Village assessments for 1999.and 2000 already reflect the reduced settlement assessments; NOW THEREFORE BE IT RESOLVED, the Office ofthe Village Attorney is authorized to execute a settlement on behalf of the Village for assessments for no less than the following: - Tax Year Lot 37: 1998 1999 2000 Lot 38: 1998 1999 . 2000 Lot 39: 1998 1999 2000 Proposed Settlement AV Original Assessment " " Reduction . - 73,840 82,300 DISCONTINUED. DISCONTINUED 8,460 - - - - - 156,900 DISCONTINUED DISCONTINUED " 79,200 DISCONTINUED DISCONTINUED 140,315 - 16,585 . 70,395 8,805 - The Village of Sleepy Hollow's share of the refund is ± 853.84. Moved:. ^.Trustee D i F e l i c e Seconded:' Trustee Higle Vote": 6-0 �<£££ I Meeting D a t e * 09/18/01 R e s o l u t i o n #: 09/92/01 RESOLUTION AUTHORIZING TAX CERTIORARI SETTLEMENT WHEREAS, petitions having been filed by the property owner, below challenging real property tax assessments on the Village's assessment roll with respect to the following parcels: Property Owner BELLTVEAU,ETAL. I Year(s) 1994-2001 Address Description Section 16, Block 9, Lot 1 Section 16, Block 5, Lot 18 147-149 Cortiandt Street 151 Cortiandt Street WHEREAS, petitioneesrjCourt challenge is now pending in Supreme Court Westchester " County; and •'' WHEREAS, the Village and the property, owner have reached a mutually agreeable : resolution with regard to the assessments of two of the properties at issue in the Court challenges; - . NOW THEREFORE BE ITRESOLVED, the Office ofthe Village Attorney is authorized to execute a settlement on behalf of the Village for assessments for no less than the following: 147-149 Cortiandt: Proposed Settlement AV . Redaction 190,000 19,600 190,000 19,600 . 29,600 180,000 180,000 - 29,600 29,600 180,000 165,000 44,600 64,600 . 145,000 145,000 ._\ _ __ 64,600 - I Tax Year 1994 1995 1996 1997 1998 1999 2000 2001 Original Assessment 209,600 209,600 209,600 209,600 209,600 209,600 209,600 209,600- - • �^ 151 Cortlandt: Original Assessment 128,100 * 128,100 128,100 128,100 128,100 128,100. 128,100 128,100 Tax Year 1994 1995 1996 1997 1998 1999 2000 2001 Proposed Settlement AV 120,000 120,000 120,000 120,000 120,000 120,000 115,000 115,000 Reduction 8,100 8,100 8,100 8,100 8,100 8,100 13,100 13,100 The Village of Sleepy Hollow's share of the refund is + 9,619.59. Moved: Trustee, Rodriguez. Seconded: Trustee DiFelice Vote: 6-0 �<2S3r I Meeting Date: Resolution #: 09/18/01 09/93/01 Be it resolved that the Board of Trustees does hereby call for a public hearing on Tuesday, October 9,2001 at 8 PM or soon thereafter to exempt from village taxes within the control of the said Board of Trustees to the extent of fifty per cent (50%) of its assessed value at a sliding scale starting at an income level of 518,500.00 and graduating to $26,899.00, properties owned by one or more persons sixty-five (65) years of age or over who comply with the provisions of said Section 467 as to occupancy, income, length of ownership and otherwise. MovedrTrustee Stever Seconded: Trustee Zieja I Vote: 6-0 �25?' I PUBLIC WORKS REPORT SEPTEMBER 18, 2001 Sidewalk 50/50 program is ongoing. Tree trimming/removal is ongoing. MONDAY OCTOBER 8 T H IS COLUMBUS DAY. ALL VILLAGE OFFICES WILL BE CLOSED ON THAT DAY. GARBAGE PICKUP IS AS FOLLOWS: MONDAYS GARBAGE WILL BE PICKED UP ON TUESDAY, TUESDAYS GARBAGE WILL BE PICKED UP ON WEDNESDAY. I PLEASE NOTE!!!!! RECYCLING WILL ALSO TAKE PLACE ON WEDNESDAY!!!!!!! I , j I ' ,\i . ^. --... -r U: ^ t * < - 'fc-... ^ f e i ^ f c i ^ ^ ^ r ^ ^ ^ t^j^sx^j^&S^'-^&l^SB-k^ � 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-2001 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_2001-09-18 Subject The topic of the resource Board of Trustees Minutes-2001 Date A point or period of time associated with an event in the lifecycle of the resource 2001 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