https://sleepyhollow.localarchives.org/files/original/0a321bad41df3a778a50a2e9fa902249.pdf 90cd89996f7656a8427fdbf9c30c930c PDF Text Text .A regular meeting of the Board of Trustees was held on Tuesday, July 20,2004 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota Andrew Murray Kay Brown Grala Trustees Also Present: Dwight Douglas, Village Administrator Robert Ponzini, Village Attorney Absent: Trustee Richard Zieja Trustee James Hart Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. He asked that everyone remain standing for a moment of silence for Frank Anzovino who was a Treasurer for the village several years ago and Judge Waters father who passed away recently. Approval of Minutes Trustee Grala moved, seconded by Trustee Murray to approve the minutes of June 22, 2004, motion carried unanimously. Public Hearing Trustee Grala read the attached public hearing notice regarding the Cable Franchise Law and gave a brief explanation. There were no comments from the public. Trustee Grala moved, seconded by Trustee Murray to close the public hearing and defer any action at this time, motion carried. Trustee Murray read the attached public hearing notice regarding Taxi Ordinance modifications. There were no comments from the public, Trustee Murray moved, seconded by Trustee DiFelice to close the hearing and defer any action at this time, motion carried. Approval of Warrants Trustee DiFelice moved, seconded by Trustee Spota to approve the warrants and authorize the Treasurer to pay the bills, subject to review, signature and approval of the Mayor and Acting Village Treasurer, motion carried unanimously. Total of the General fund is $541,601.77, total of the Water & Sewer fund is $23,580.45, Parking Authority total is S340.97 and the total of Capital fund is $344,25638. Trustee Spota moved, seconded by Trustee Grala to adjust the agenda to move onto resolutions before other items on the agenda, motion carried. 1 �229 Resolutions-Attached Mayor's Announcements Mayor Zegarelli reported that the fireboat impoundment has been lifted. The Mayor read into the record his comments regarding the Stipulations Withdrawing Tarrytown Litigation Without Prejudice to Renew. Trustee Reports Trustee DiFelice read the attached Public Works Report. Trustee Spota reported that Officer Bueti has successfully completed the basic Criminal Investigation Course at the Westchester County Police Academy. Officer D'AIessandro has successfullycompleted course in Managing Civil Action in Threat Incidents. Two summonses were issued to two overweight vehicles on Beekman Avenue. Trustee Murray had no report but commented that Joe DeFeo and his crew did a great job in removing a tree that had fallen near his house. Public Comments-None Mayor's Report Mayor Zegarelli commented that we received a letter from Peter Dunican thanking Todd Spota of the Ambulance Corp and Police Officer Bueti for their quick response when he was involved in a car crash. The Mayor reported that he will be meeting with the Council of Committees tomorrow and will be discussing the senior citizen housing floating zone. There has been correspondence back and forth regarding a problem in the Pocantico River on Dell Street. We had a meeting with Mr. Butler of the County regarding the village taking over the maintenance of Webber Avenue. The Mayor met with residents living around the Barnhart Avenue area regarding the Barnhart Park expansion. We are in receipt of a letter from Annmarie Basher regarding the upcoming July 4tl fireworks. The Mayor is in receipt of turn-off notices from Con Edison for 16 Andrews Lane and 188 Cortlandt Street. Mayor Zegarelli read the attached letter to Chief Ojito regarding the appointment of Sergio Travares as Chief driver of Engine 85. Trustee Murray moved to confirm this appointment, seconded by Trustee DiFelice and carried. 2 �I Mayor Zegarelli read a letter of resignation from Sam Caccamisse, from the Department of Public Works. Trustee DiFelice moved, seconded by Trustee Spota to accept his resignation with regrets, carried. Administrator's Report Dwight Douglas reported that Rescue Hose building needs a new roof, Union Hose needs exterior painting and we are in the process of getting estimates. The termite problem at Rescue Hose has been taken care of. The Riverside Pump station is 90% completed. The Reservoir Draft Environmental Impact Statement is close to completion. We have applied for three grants for the marina that will be subject to permits. We are going to a pilot project for changing the meters in certain areas. I Several call boxes are out for repair. Village Administrator commented that we are in the process of interviewing candidates for the Village Treasurer's position. We received a memo from Sean McCarthy regarding the recent fire on Chestnut Street. Communications. Petitions, & Requests Village Clerk read communication from the Alcoholic Beverage Control advising the Village that Jimmy Louz, Inc., 226 Beekman Avenue, Sleepy Hollow has applied for an On-Premise liquor license. There being no further business, Trustee DiFelice moved to adjourn the meeting, seconded by Trustee Spota and carried. Respectfully submitted, I Angela Fjverett Village Clerk 3 �• 07-13-2004 12:46 Fres-GAINES GRUNER PONZINI NOVICK LLP Meeting Date: Resolution*: 9142880850 T-292 231 P.003/008 F-842 I 7/20/0k 7/123/04 RESOLUTION FOR A PUBLIC HEARING TO AMEND CHAPTER 52A OF THE GENERAL CODE OF THE VILLAGE OF SLEEPY HOLLOW ENTITLED "TREE CONSERVATION'. WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") has regulated and continues to regulate the planting/maintenance and removal of trees, and WHEREAS, after review of its local laws and due deliberation, Sleepy Hollow believes a reasonable amendment to its local law on Tree Preservation is appropriate to allow for the removal on trees on private property m certain instances without the formal approval of the Tree Commission, NOW THEREFORE BE IT RESOVLED, that the Village of Sleepy Hollow calls for a public hearing to be held August 17,2004 at 8:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to consider the proposed modification to Chapter 52A "Tree Conservation". Moved:Trustee D i F e l i c e SecondedTrustee Spota I Vote:Unanimous I :-.-ijij- , ,j%.:s^-.^-^^-<.i,^^ti^~&^^tM^^ar^mi»£ii->t:S»^i^^^!^s^^^iSi �232 I Dated: 07/20/04 Resolution #: 07/ /04 124 Resolution of the Board of Trustees of the Village of Sleepy Hollow Establishing Certain Fee Payments for Recreation Services I WHEREAS, by prior agreement, certain recreational sports activities such as baseball, basketball, etc. were deemed to be session pay at a rate of $30.00 per session, and WHEREAS, the Recreation Supervisor has requested that said session pay be increased to $40.00 per session, and WHEREAS, certain fees for baseball umpiring and basketball refereeing have been provided by the Village and should now be memorialized. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees herein establishes the following schedule for said fees: Session pay is increased from $30.00 to $40.00 per session. Baseball umpiring fee is set at $40.00 per game. Basketball referee fee is set at $40.00 per game. Senior umpire fee is set at $50.00 per game. I Moved: Trustee sPni-* Seconded: Trustee Grala Vote: Unanimous �233 Dated: 07/20/04 Resolution #: 07/12^04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing a Contract with John Cellante for Inspection Services through the Assessor's Office WHEREAS, the Mayor and Board of Trustees would like to insure that the Building Department and Assessor's records for occupancy of residential dwellings dosely match the actual occupancy of said dwellings, and WHEREAS, John Cellante, in his varied roles with the Sleepy Hollow Volunteer Fire Department and Ambulance Corps has broad knowledge of building conditions and locations within the Village. NOW, THEREFORE, BE IT RESOLVED that the Mayor is herein authorized to enter into a contract with John Cellante of 28 Cedar Street, Sleepy Hollow, New York for said inspection services at the rate of $12.50 per hour for an estimated fifteen (15) hours per week to include a mixture of morning and evening times commencing August 2, 2004 and ending November 30, 2004. Moved: Trustee Murray roll call: Seconded: Trustee sPOta Vote: Trustees Murray, Grala, Spota and Mayor Zegarelli voted YES Trustee DiFelice voted NO �234 I Date: 07/20/04 Resolution: #07/26/04 Creation of Sleepy Hollow Trailways Committee WHEREAS, the Village has gone through extensive efforts to preserve existing trails and develop new ones, and WHEREAS, such efforts, when fruitful, will be a boon for the Village in terms of both an extensive trail system and the secondary effects with regard to the local economy, community/and recreation, and WHEREAS, a $100,000 grant for work on the Horseman's Trail, to improve this important east-west connection between the Old Croton Aqueduct and the Hudson River, has been secured, and WHEREAS, the Sleepy Hollow Trailways Committee will supervise and advise the Village with regard to trails - expansion, connectivity/linkages, and improvements, NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees herein ratifies the Mayor's action and future appointmentof members in the creation of the Sleepy Hollow Trailways Committee as an advisory committee to the Village on issues of trails, said committee to be chairs by Trustee Grala. Moved: Trustee Murray Seconded: Trustee DiFelice Vote: Unanimous I » -v--J- » nf-A.:-. it, _ r ; . - « . j , . , . - , . . 3 i - » ,,-, „ . , j„-.r. v* . .r^,cfcw<.» !^,^s«Aiims*&SSsittEir~-* 3 *> - iife ^^jfe5,-iA**«^ASteii4aAi^#sajijS£^^S, �235 Date: 07/20/04 Resolution : # 07/127/04 Resolution for Application for Hudson River Valley Green way: Greenway Communities Grant WHEREAS, the Village is involved in an extensive effort to preserve existing trails and develop new ones within the Village and connecting to the regional trail system, and WHEREAS, such efforts, when fruitful, will be a boon for the Village in terms of both an extensive trail system and the secondary effects with regard to the local economy, community, and recreation, and WHEREAS, a $100,000 grant for work on the Horseman's Trail/to improve this important east-west connection between the Old Crbton Aqueduct and the Hudson River, has been secured, and design work is underway for improvements to certain trail segments, and WHEREAS, the Village staff has identified a potential source of funds to assist in the development of a related trail map brochure. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees approve submission of application for a $9,500 Greenway Communities Grant from Hudson River Valley Greenway for Development of the Sleepy Hollow Comprehensive Trail Plan and Brochure and authorize the Mayor to take all other steps necessary to effectuate the intent of this resolution. Moved: Trustee Grala Seconded: Trustee Murray Vote: Unanimous �236 I Meeting Date: Resolution #: 07/20/04 07/128/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of a Contract with Civil Solutions Whereas, on June 22nd, 2004, upon recommendation of the Village Engineer and the Village Assessor, the Mayor and Trustees reviewed proposals from Civil Solutions, a division of ARH located at 850 S. White Horse Pike, P.O. Box 579, Hammonton, New Jersey, 08037-2019, to provide GIS services (annexed hereto) to assist the village in upgrading and integrating the Assessor's existing tax maps and to provide other needed technical services, and Whereas, funds to undertake the data conversion and technical services detailed in said proposals are contained in the Village's approved 2004-2005 capital budget, I Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to execute said contract with Civil Solutions in an amount not to exceed $20,000 and to take other such steps as are necessary to effectuate the intent of this resolution. Trustee Moved bv:DiFelice Trustee , Seconded by: s P ota Vote: Unanimous I *w ^ • ^ i ^ ^ r a ^ E ^ ^ u . ^ ^ ^ ^ ^ ^ v s C ^ ' . ^ ^ y - ^ ^ - ^ j p5^t-^a^^^S^^^^JwisaSAtT^i^^!h*^aw^t*i3^S*s3i*^fe^^ �237 I GIS Products & Services ,2004 Civil Solutions .1 division of arh Village of Sleepy Hollow Mr. Dwight Douglas 28 Beekman Ave Sleepy Hollow, NY 10591 Re: Today's Solutions for Tomorrow's Challenges 0 2004 GIS Implementation CS #04-0130 Civil Solutions is pleased to have the opportunity to provide the Village with this price quotation. The proposed scope of work was developed through our conversations with the Village, examination of the available source data, and experience with projects of this nature. After reviewing my notes from our previous meeting, I have developed this proposal to document specific GIS layer development and software integration services the Village has expressed an interest in. If you have any questions concerning the proposed work or require further clarification on this quotation, please contact me at (908) 2319040. Everyone at Civil Solutions is looking forward to the opportunity to assist the Village with its evolving GIS. I GIS Systems Design Price Data Conversion Item Description Digital Mapping 01 ArcView 8.3 "DataViewer" initial configuration and installation on one workstation $2,000.00 02 Customized DataViewer Installation & Training install and train staff on customized functionality $1,000.00 03 Produce a Zoning Map digitize hardcopy or convert existing AutoCad zoning map 04 Convert and link Assessor's database one time conversion $1,500.00 05 Parcel file attribute changes using tax maps based on changing Mt. Pleasant block/lot designations $2,000.00 06 Annual GIS technical support phone support/per year $1,200.00 Pho'ogrammetry Software & Training Technical Support 850 S. White Hon*-Pike $700.00 PO. Box 570 I tammonton. New Jersey 08037-2019 I Total = $8,400.00 M (609) 561-7-100 Fax (609)561-2222 h!t[>://-.\-,\w.arh-us.Com TRAINING FACILITY: 8A South Gold Drrve Hamilton, N<-.v Jersey 0P691-4199 Civil Solutions - a division of ARH Sleepy Hollow - GIS 2004 *i_shS- ^«3&&ipt-rigr+*&b*£. "J&£&3*!*^K^'"' 4 •^*- P ™ fl - J �Notes: . . • . • • We assume that the source data and mapping for the project will be delivered to Civil Solutions at no cost. It is our understanding that the Village has signed the Westchester County data-sharing agreement, and also will acquire the GIS parcel map from the Town of Mt. Pleasant. All data from the County and Mt. Pleasant will be delivered to Civil Solutions. Civil Solutions will also require a copy of the Village's existing tax maps, as well as a translation table to complete the block/lot designation modifications. This information will form the foundation of the GIS program implementation. Item #01 (ArcView 8.3 "DataViewer") As demonstrated, the DataViewer is a customized ArcView (8.x) interface that facilitates the use of the GIS by departmental personnel. The simplified "point and click" interface has been designed to reduce the training required for the average staff member to begin utilizing the GIS to access digital spatial information. The interface simplifies data query and display requests and has also been developed to augment certain automated functions. Using the GIS, the user can generate a 200' list of owners, mailing labels, and notification letters, resulting in a considerable time savings for the staff. The "DataViewer" runs on top of a license of ArcView. This cost for the ArcView software has not been included in this proposal. The software cost and related training has been separately proposed (Software_training.doc)Item #02 (Customized DataViewer Installation & Training) Civil Solutions will provide one day of on site training in the use of this software that includes time for the installation of the program. The training will consist of a PowerPoint presentation and training manual for those in attendance. The instructor will be available the remainder of the day for individual "hands-on" training as required utilizing the Village's computer resources. Item #03 (Produce a Zoning Map) This task will be based on the Village's current municipal Zoning Map. We assume that the information is available in either hard copy or digital form and will be delivered to Civil Solutions for this work task. The zoning information will be digitized within the GIS environment and therefore be consistent with all other available GIS layers. Item #04 (Convert and link Assessor's database) Civil Solutions will perform a conversion of the Assessor's data using both the modified GIS parcel polygons provided by the Town of Mt. Pleasant (Sleepy Hollow Block/lot numbers) and a digital copy of the Village's tax assessment data. As a result of the conversion, Civil Solutions will generates two (2) QA/QC files showing the linking errors. The first lists the parcels that do not have a matching tax record, and the second lists the tax records that do not have a matching GIS parcel polygon. This conversion will be completed as a one time service. If additional conversions are required, Civil Solutions will provide this service for the cost of $600.00 per conversion. Item #05 (Parcel file attribute changes using tax maps) Civil Solutions will begin with the parcel file received from Mt. Pleasant covering the Village. The Assessor will provide a translation table to be used during the process of modifying the block and lot designation from Mt. Pleasant, to those Civil Solutions - a division ofARH 2 Sleepy Hollow - GIS 2004 �^39 I designations used by Village. This process will be completed using the translation table, as well as a scanned hardcopy of the Village's existing tax maps. We understand that the current municipal tax maps are out of date and therefore will not be useful in areas that have been updated. The translation table will be used in those areas to modify the attributes in the parcel file. . Item #06 (Annual GIS technical support) Civil Solutions will provide the Village with one year of technical phone support for questions related to the GIS implementation. We request that the Village establish a single point of contact for the technical support. Any required on-site assistance will be charged at a rate of $100.00 per hour. . Civil Solutions will complete all the required work within ninety (90) days from receipt of purchase order and all required source data. This quote is valid for ninety (90) days. . DELIVERABLES: Civil Solutions has both the resources and the technical expertise to provide highquality deliverables. Digital data will be submitted to the Village on CD-ROM, expediting its direct implementation into the Village's work flow. The following is a summary listing of the items that will be submitted to the Village: 4- GIS Data in ArcGIS Geodatabase format . Parcels • Zoning -*• Recompiled Assessment tax data linked to GIS Parcels (.MDB format) <r Other software and support tasks as described Please feel free to call me @ 908-231-9040, if you have any questions or would like to move forward with this proposal. Respectfully, Thomas W. Tiner Director of Business Development cc: Michael Ritchie, Dolph Rotfekl Richard Rehmann, Civil Solutions TWT/tt c:\jrojects\_newyort\shepyhokmipnwsalsfyG2004.doc Civil Solutions-a division ofARH 3 Sleepy Hollow - GIS 2004 I �240 I GIS Software & Training April 26, 2004 Civil Solutions a <i vision of arh Village of Sleepy Hollow Mr. Dwight Douglas 28 Beekman Ave Sleepy Hollow. NY 10591 Re: Today's Solutions for Tomorrow's Challenges" I GIS Software & Training CS #04-0211 Civil Solutions is pleased to have the opportunity to provide the Village with this price quotation. The proposed scope of work was developed through our conversations with the Village and our ability to provide the documented software and services. Civil Solutions has been a long term business partner of ESRI and through this relationship have the ability to provide GIS software and certified training. The contents of this proposal address the products and services requested by the Village. CIS Systems Design Data Conversion Digital Mapping If you have any questions concerning the proposed work or require further clarification on this quotation, please contact me at (908) 231-9040. Everyone at Civil Solutions is looking forward to the opportunity to assist the Village with its evolving GIS. Photogrammetry Software &• Training Technical Support Description 01 ESRI ArcView 8.3 one single use license $1,300 00 02 Two-day certified on-site ArcView 8.x training training as per ESRI curriculum for up to 5 students $3,750.00 03 Training computer configuration one half day to install training software and data $800.00 04 Travel and expenses expenses related to on-site training $270.00 850 S. White Horse Pike P.O. Box 579 S lammonton, Nevv Jersey I Price Item Total = $6,120.00 03037-2019 Tel i WWi 561-7400 rax (609> 561-2222 littpi/i'wvk-iv.arh-us.coni TRAINING FACILITY: SA South Gold Drive Hamilton, New Jersey 08691-419-3 Notes: We assume that the Village will be able to provide the hardware resources for the training, as well as a room/office for training. In most training scenarios, the community will provide one computer per two students. We therefore recommend that the Village have three computers set up for the training. Civil Solutions - a division of ARH Sleepy Hollow - Software & Training >»_»'fc e at i;wi^ V-;-'.»^ 4-_K^r-,t=--i ta->&^^ �241 I Item #01 (ESRI ArcView 8.3) One single use license of the software will be shipped directly from ESRI approximately 7-10 days upon receipt of a Purchase Order. ArcView 8.x requires one of the following Operating Systems: Windows NT, Windows 2000 or Windows XP. The software includes one year of maintenance with the initial purchase. Future maintenance will be purchased directly through ESRI. If the Village requires additional software licenses, Civil Solutions will submit additional information as requested. If the Village moves forward with a previously proposed ArclMS hosting service, provided by Civil Solutions, this will significantly reduce the need for additional licenses. Item #02 (Two-day certified on-site ArcView 8.x training) Civil Solutions will provided a two-day certified training course for ArcView 8.x utilizing one "of our two certified instructors. The course will follow ESRI's established training curriculum with a series of PowerPoint presentations followed by hands on exercises. Once the students have completed this course, they will be familiar with the general use and functionality of the ArcView software. The price proposed is based on three(3) to five (5) students, with the Village providing the computer resources and training room. • I Item #03 (Training computer configuration) In order to set the Village's computers up with the required training software and data, Civil Solutions proposes to complete this configuration on-site. The set up typically takes between one half to a full day. Village provided computers are required to have an operating system of Windows 2000, NT or XP, and at least 256 Mgs of RAM, as well as 170 Mgs of available disc space. Item #04 (Travel and expenses) This line item is for the travel expenses for the requested on-site GIS training. The estimate is based on two nights stay ($75/night), and a $40/day per diem (3 days). This quote is valid for ninety (90) days. Please feel free to call me @ 908-231-9040, if you have any questions or would like to move forward with this proposal. Respectfully, Thomas W. Tiner Director of Business Development cc: Michael Ritchie, Dolph RotfeW Richard Rehmann, Civil Solutions TWTAt c:\^ro^s\_r>ewyort\sbepyhc4cmi\xoposab\$cftware_tran^ Civil Solutions - a division ofARH Sleepy Hollow - Software A Training I �242 I Meeting Date: July 20,2004 Resolutions 07/129/04 RESOLUTION AUTHORIZING THE FILING OF A JOINT APPLICATION TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR THE HORAN'S LANDING/ICHABOD'S LANDING RECREATIONAL BOATING FACILITY WHEREAS, the resolution adopted by the Village Board of Trustees on December 2,2003 (.Resolution 12/231/03) granting Special Permit and Concept Plan Approval for the Ichabod's Landing Riverfront Development proposed that Ichabod's Landing, LLC and the Village of Sleepy Hollow may elect to work cooperatively to explore the feasibility of establishing boat slips and/or moorings on the underwater lands to the south and west of the Ichabod's Landing site and west of the Village's Horan's Landing park; and I WHEREAS, in consultation with the Village, Ichabod's Landing, LLC has undertaken certain preliminary investigations with respect to the feasibility of such slips and moorings, including an environmental analysis of the river sediments, a hydrographic survey of existing conditions, and the preparation of a preliminary design which would accommodate upto40 slips and 30 moorings for residents of Sleepy Hollow and Ichabod's Landing, together with other improvements to the offshore area, and also determined that dredging would be required to accommodate the boat slips; and WHEREAS, in order to proceed with the project, certain permits would be required from the New York State Department of Environmental Conservation and the United States Army Corps of Engineers; and WHEREAS, a joint application for such permits has been prepared for the Horan's Landing/lchabod's Landing Recreational Boating Facility: NOW THEREFORE BE IT RESOLVED, that Philip E. Zegarelli, as Mayor of the Village of Sleepy Hollow, is hereby authorizedtoexecute and file said joint application with the New York State Department of Environmental Conservation and the US Army Corps of Engineers, which will enable the Village and Ichabod's Landing, LLC to continue their investigation of the project's feasibility and requirements. Moved'trustee Spota I S e C O f t d € d ' ^ r u s t e e ** r a ^ a Vote* Unanimous I, Angela Everett, Clerk of the Village of Sleepy Hollow, New York, do hereby certify that the above resolution was adopted at a regular meeting of the Board of Trustees held on Jury 20, 2004 and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect Dated: 7/21/04 Sleepy Hollow, New York (J-^<*jJL^ CjQjlZJfc Angela Evfcrett Village Clerk SEAL OF MUNICIPALITY �243 Meeting Date: July 20, 2004 Resolution* 07/129/04 UTION AUTHORIZING THE FILING OF A JOINT APPLICATION TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR THE HORAN'S LANDINGflCHABOD'S LANDING RECREATIONAL BOATING FACILITY QCO/-M WHEREAS, the resolution adopted by the Village Board of Trustees on December 2,2003 (Resolution 12/231/03) granting Special Permit and Concept Plan Approval for the Ichabod's Landing Riverfront Development proposed that Ichabod's Landing, LLC and the Village of Sleepy Hollow may elect to work cooperatively to explore the feasibility of establishing boat slips and/or moorings on the underwater lands to the south and west of ths Ichabod's Landing site and west of the Village's Horan's Landing park; and WHEREAS, in consultation with the Village, Ichabod's Landing, LLC has undertaken certain preliminary investigations with respect to the feasibility of such slips and moorings, including an environmental analysis of the river sediments, a hydrographic survey of existing conditions, and the preparation of a preliminary design which would accommodate up to 40 slips and 30 moorings for residents of Sleepy Hollow and Ichabod's Landing, together with other improvements to the offshore area, and also determined that dredging would be required to accommodate the boat slips; and WHEREAS, in order to proceed with the project, certain permits would be required from the New York State Department of Environmental Conservation and the United States Army Corps of Engineers; and WHEREAS, a joint application for such permits has been prepared for the Horan's Landing/lchabod's Landing Recreational Boating Facility: NOW THEREFORE BE IT RESOLVED, that Philip E. Zegarelli, as Mayor of the Village of Sleepy Hollow, is hereby authorized to execute and file said joint application with the New York State Department of Environmental Conservation and the US Army Corps of Engineers, which will enable the Village and Ichabod's Landing, LLC to continue their investigation of the project's feasibility and requirements. Moved" t r u s t e e Spota Seconded - t r u s t e e G r a l a VOt£* Unanimous I, Angela Everett Clerk of the Village of Sleepy Hollow, New York, do hereby certify that the above resolution was adopted at a regular meeting of the Board of Trustees held on Jury 20, 2004 and is on file and that said resolution has not been altered, amended or revoked and is in full force and effect Dated: VlllO'* Sleepy Hollow, New York C*JQLX£JZ& Angela Evferett Village Clerk SEAL OF MUNICIPALITY �Dated: 07/20/04 Resolution #: 07/L30/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approval of Ichabod's Landing Bulkhead Cathodic Protection System WHEREAS, the Planning Board has granted site plan approval for the Ichabod's Landing project, and WHEREAS, the Planning Board has reviewed the bulkhead repair design as well as the installation of a new bulkhead as part of its site plan review, and WHEREAS, the Planning Board approval was conditioned on the Village Board's acceptance of the bulkhead cathodic protection system, and WHEREAS, the Village's Consultant, Han-Padron Associates, in a letter dated July 1, 2004, determined that "the design has been found acceptable, and will meet the design life parameters required for this project". NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees approve the bulkhead cathodic protection system as included in the site plan reviewed and approved by the Planning Board and found acceptable by its consultant. MOVed:_Trustee Grala S e c o n d e d : T r u s t e e Murray Vote: Unanimous �245 Meeting Date: 07/20/04 Resolution #: 07/131/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow amending Section 59-12 Cross Connection Program - Penalties for Offenses. WHEREAS, a public hearing was held on a local law to amend Chapter 59-12 of the General Code of the Village of Sleepy Hollow entitled "Cross Connection Program-Penalties for Offenses, and WHEREAS, the Village of Sleepy Hollow believes that the implementation of these penalties is both required and necessaryio enforce it cross connection program, NOW THEREFORE BE IT RESOLVED, the Village of Sleepy Hollow adopts this local law amending Chapter 59-12 entitled "Cross Connection Program Penalties for Offenses. This local law shall become effective upon filing with the Secretary of State. M o v e d : T r u s t e e Murray Seconded: T r u s t e e D I F e l i c e Vote: Ilnanimni.g �246 I Meeting Date: 07/20/04 Resolution #: 07/132/04 Be it Resolved that the Board of Trustees hereby confirms the Mayor's appointment of the following Day Camp employees to replace those who no longer work for the day camp: Melissa Zekus S7.75 hr. Miguel Casiano 10.50 hr. Lisenny Monegro 9.50 hr. Trevor Dimmie 10.00 hr. Moved: Trustee Grala Seconded: Trustee Murray Vote: Unanimous I Meeting Date: 07/20/04 Resolution #: 07/133/04 Be it resolved that the Board of Trustees confirms the Mayor's appointment of Michael Blalock, 126 Valley Street, Sleepy Hollow, New York as a seasonal employee in Kingsland Point Park through Labor Day 2004 at $16.00 hour. Moved: Trustee Grala Seconded:Trustee Murray I --:S,.tii~-,f::^%:.j/~*i..J~to.,h:.-?~^ Vote:Unanimous �247 I Meeting Date: 07/20/04 Resolution #: 07/ 134/04 Resolution of the Board of Trustees of the Village of Sleepy Hollow Appointment of Charles A. Zekus to Police Detective Be it resolved that upon the recommendation of the Chief of Police and the approval of the Mayor, the Board of Trustees does herebyratifyand confirm the assignment of Charles A. Zekus to the position of Police Detective effective June 21, 2004 at an annual salary of $69,276.00. Trustee Moved: Murra Y Trustee Seconded: DiFelice Vote: Unanimous I I �248 I Meeting Date: 07/20/04 Resolution #: 07/135/04 Be it resolved that the Board of Trustees does hereby approve the Mayor's appointment of Steven Shroba, 81 Sleepy Hollow Road, Sleepy Hollow, New York as a part time laborer in the Public Works Department at a salary of S15.00 per hour effective July 22,2004. Said appointment is subject to the approval of the Westchester County Department of Human Resources and a probationary period of twelve to fifty-two weeks. Moved:Trustee DiFelice Seconded:Trustee Spota Vote:Unanimous I I r - S ^ G » 5 ^ « £ - i l ' £ » a i ^ r -"&-*.* t ^ S - t i E i - i * » * * • ^ . / ^ ^ ^ ^ ^ " ^ • : �249 Date: July 20, 2004 Resolutions 07/136/04 Whereas, a Local Law was adopted amending the General Code of the Village of Sleepy Hollow entitled "Garbage", and Whereas, the purpose of that Local Law was to increase and adjust the rates for collection of garbage within the Village of Sleepy Hollow, and Whereas, after additional public comment and concern, the Village believes it is in its best interests to further amend the rates charged for the collection of garbage in the Village of Sleepy Hollow. Now, therefore, be it resolved, that a public hearing will be held on August 10, 2004 at 8:00pm to consider a proposed local law for the reduction of collection fees for 4, 5, and 6 family houses, to increase the minimum square footage for commercial properties to 20,000 square feet, and to further consider the adjustment of collection fees for those properties that are mixed use residential and/or commercial. Trustee Moved: S p o t a Trustee Seconded: G r a l a Vote: Unanimous �Comments from Mayor Philip Zegarelli Stipulation Withdrawing Tarrytown Litigation Without Prejudice To Renew • On April 21, 2004, the Village of Sleepy Hollow commenced litigation in the Supreme Court, Westchester County challenging certain actions taken, and approvals issued, by the Village of Tarrytown Board of Trustees and Village of Tarrytown Planning Board relative to the Ferry Landing Project. • The litigation contested actions and approvals related to three aspects of this project - (1) the disassembly of the County Asphalt Plant and its reconstruction in a new location, (2) the construction of a new Tarrytown Village Hall and (3) the construction of a new Tarrytown Department of Public Works facility. • Because certain approvals had been issued by Tarrytown in late-March 2004, Sleepy Hollow was compelled to commence this litigation within a narrow timeframe — specifically, by April 22,2004. In the absence of commencing the lawsuit, Sleepy Hollow would lose its right to contest these actions and approvals. • Sleepy Hollow commenced this litigation after much consideration and as a protective measure to preserve its claims. Sleepy Hollow did not seek to bring litigation against its neighbor and was, in fact, engaged in dialogue with Tarrytown both before and after this litigation was commenced. » On April 19,2004, on the eve of the deadline for the commencement of a lawsuit, certain officials of Tarrytown and Sleepy Hollow, myself included, together with representatives 2476/13/2*1796 VI 7/20*4 �251 of the Ferry Landing Developer and attorneys for all parties, met to discuss Sleepy Hollow's concerns. At that time, we discussed the prospect of Sleepy Hollow forbearing from litigation while Tanytown would continue to undertake review and analysis of the Ferry Landing Project, including its review of the disassembly and reconstruction of the County Asphalt Plant. As an expression of Sleepy Hollow's good faith, Tanytown officials were advised at this meeting that Sleepy Hollow did not have express objections to, nor wished to stand in the way of, its new Village Hall and Department of Public Works Facility improvements. The key concern expressed was the level of information presented,'and the review conducted, with respect to the disassembly and reconstruction of the Asphalt Plant. • At this meeting, Tanytown and the Ferry Landing Developer proposed an agreement by which they would disregard (and forego as a defense) the April 22,2004 deadline for the commencement of litigation and, instead, allow further review of the Ferry Landing Project (including the Asphalt Plant) to go forward, subject to Sleepy Hollow requesting certain additional environmental studies and materials. • Although Sleepy Hollow expressed interest in proceeding down such a path, it was thereafter advised by counsel that, absent the actual initiation of litigation, it could forever lose its right to contest the actions and approvals taken as of that date. Thus, the litigation was commenced. The commencement of this litigation, however, did not bring an end to dialogue between the two villages. • In early-May 2004, the attorneys for the parties resumed discussions concerning a resolution of Sleepy Hollow's claims. These discussions centered on the entry of a 2476/13/261796 VI 7/28*4 -2- �"Stand-Down" Agreement — by which the lawsuit would be withdrawn without waiving Sleepy Hollow's rights to raise its claims, if necessary, by a future date; Sleepy Hollow would submit to Tarrytown a list identifying areas of concern; and review processes in Tarrytown would continue. These discussions recognized the prospect that, at the conclusion of these processes, Sleepy Hollow could renew its claims if it determined that the level of information was insufficient and/or inadequate for purposes of adequate environmental review. • At the direction of the Village Board, counsel for Sleepy Hollow began work on such a stipulation. However, on May 24,2004, the Village of Tarrytown Planning Board issued site plan approval — to Sleepy Hollow's surprise — for the disassembly and reconstruction of the Asphalt Plant. • In response to this unexpected move, Sleepy Hollow requested an immediate conference with the Judge assigned to the case, the Honorable Jonathan Lippman. • A conference was held before Judge Lippman on June 9,2004. This conference was conducted with the Court and attorneys for the parties alone. As a result of this conference, the parties, with the Court's assistance, outlined certain terms by which the pending litigation could be withdrawn without prejudice to renew. • Parenthetically, I should note that the Court did not express a position with regard to the merits of any of the parties' positions in the litigation. Notably, the Court urged the parties to enter into a "Stand-Down" Agreement (similar to that discussed prior to the institution of litigation in April 2004), emphasizing the fact that the parties involved were neighboring villages. 2476/13/261796 VI 7/20.1M �253 Subsequent to the conference before the Court, counsel for the parties worked toward the preparation of a stipulation effecting the proposed "Stand-Down" Agreement. This stipulation, the terms of which this Board was apprised of and endorsed, was signed by counsel and "So Ordered" by Judge Lippman last Friday, July 16,2004. The salient points of the Stipulation are as follows: 1. The litigation has been withdrawn without prejudice (meaning that claims asserted by Sleepy Hollow may be reasserted). In fact, the Stipulation provides an. express right by which the claims may be reasserted on or before October 1,2004 or forty-five (45) days after the date of the enactment, by the Tarrytown Board of Trustees, of certain zoning amendments presently under consideration which are necessary with respect to the disassembly and reconstruction of the Asphalt Plant. Under the terms of this Stipulation, these zoning amendments may not be acted upon by Tarrytown until, at the earliest, August 16,2004. 2. With this Stipulation, Sleepy Hollow has tendered to Tarrytown a list of topics and studies which it asserts should be undertaken with regard to the Asphalt Plant. In turn, the Tarrytown Boards will determine to what extent such studies and analyses should be undertaken. If Sleepy Hollow is ultimately dissatisfied with the level of information presented it may renew the litigation and contest the level of environmental review accompanying those actions and approvals taken with regard to the Asphalt Plant. 2476/13/261796 VI 7/2fi.«4 �3. Sleepy Hollow, living up to the commitment it made in April 2004, has waived its claim with respect to the new Tarrytown Village Hall and Tanrytown Department of Public Works Facility. Sleepy Hollow does so as a show of good faith to its neighbor and so as not to impede the development of public improvements which will benefit the Tarrytown community. 4. Sleepy Hollow expressly reserves the right to contest all other aspects with regard to review and approval of the Ferry Landing Project. • Sleepy Hollow intends to thoroughly consider all information presented to date with respect to the Asphalt Plant and, furthermore, to review any information which may be forthcoming. Furthermore, it will continue to monitor and offer its comments and concerns as the review and approval process for the Ferry Landing Project unfolds. It is the hope of Sleepy Hollow that its concerns will be addressed by Tarrytown. Moreover, it is my desire to see the two villages work together in a constructive fashion with respect to the recapturing of our common Hudson River waterfront. 2476/15/2617% VI 7/28*4 �OKr SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER FILED AND VILLAGE OF SLEEPY HOLLOW, BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW, PHILIP E. ZEGARELLI, Individually and as Mayor Of The Village Of Sleepy Hollow, MARIO DIFELICE, KAY BROWN GRALA, RICHARD SPOTA, ANDREW MURRAY and RICHARD ZIEIA, Individually and as Trastees..Of The Village Of Sleepy Hollow, and JOSEPH DEFEO, Individually and as Superintendent of The Village of Sleepy Hollow Department of Public Works and Water, •Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, JENTERED WESTCHESTER COUNTY CLERK STIPULATION WITHDRAWING PROCEEDING WITHOUT PREJUDICE TO RENEW Index No. 5940/04 -againslBOARD OF TRUSTEES OF THE VILLAGE OF TARRYTOWN, PLANNING BOARD OF THE VILLAGE OF TARRYTOWN, VILLAGE OF TARRYTOWN, FERRY LANDINGS, LLC, FERRY INVESTMENTS, LLC, HOWARD EPSTEIN, ROBIN EPSTEIN, WESTCHESTER INDUSTRIES, INC., PEMBROKE CAPITAL GROUP ACQUISITIONS LLC, PEMBROKE ACQUISITIONS, LLC, PECKHAM MATERIALS CORP., PECKHAM INDUSTRIES, INC. and COUNTY ASPHALT, INC., Assigned to: Hon. Jonathan Lippman, AJ.S.C. Respondents. __ X WHEREAS, the above-captioned proceeding was commenced by the filing of a Notice of Petition and Petition on April 21,2004 (the "Petition"); and WHEREAS, by way of the Petition, Petitioners Village of Sleepy Hollow, Board of Trustees of the Village of Sleepy Hollow, Philip E. Zegarelli, Individually and as Mayor of the Village of Sleepy Hollow, Mario DeFelice, Kay Brown Grala, Richard Spota, Andrew Murray 2476/13/260841 VZ 7/6AM �and Richard Zieja, Individually and as Trustees of the Village of Sleepy Hollow, and Joseph DeFeo, Individually and as Superintendent of the Village of Sleepy Hollow Department of Public Works and Water, (collectively, the 'Tetitioners") contest certain actions taken by Respondents Board of Trustees of the Village of Tarrytown ("Respondent Tarrytown Board of Trustees") and Planning Board of the Village of Tarrytown ("Respondent Tarrytown Planning Board") including: (a) the March 1, 2004 SEQRA Negative Declaration issued by Respondent Board of Trustees with regard to amendments to the regulations applicable to the Water-Related Industry Overlay District and the Waterfront General Business District ("WGBD") within the Village of Tarrytown; (b) Respondent Tarrytown Board of Trustees' March 1,2004 enactment of amendments to the regulations applicable to the Water-Related Industry Overlay District and the WGBD within the Village of Tarrytown; (c) the March 1,2004 SEQRA Negative Declaration issued by Respondent Tarrytown Board of Trustees with regard to the entry by Respondent Village of Tarrytown into a Memorandum of Agreement with Respondents Westchester Industries, Inc. and Pembroke Capital Group Acquisitions, LLC; (d) the March 1, 2004 authorization to execute said Memorandum of Agreement issued by Respondeat Tarrytown Board of Trustees; (e) the March 23,2004 SEQRA Negative Declaration for the construction of a new Tarrytown Department of Public Works facility issued by Respondent Tarrytown Planning Bo ard; (f) the March 23, 2004 site development plan approval for the Tarrytown Department of Public Works facility granted by Respondent Tarrytown Planning Board; (g) the March 23, 2004 SEQRA Negative Declaration issued by Respondeat Tarrytown Planning Board for the dismantling of an existing asphalt plant located at 129 West Main Street, Tarrytown, New York- (the "Asphalt Plant") and its reconstruction in a new location; and (h) the March 23,2004 SEQRA Negative Declaration for the construction of a new Village Hall issued by Respondent Tarrytown Planning Board; 2O6/J3/2S0M1 V2 7/6/W �257 WHEREAS, on May 24, 2004, Respondent Tarrytown Planning Board granted conditional site development plan approval for the dismantling of the Asphalt Plant and its reconstruction in a new location and site development plan approval for the construction of a new Village Hall; and WHEREAS, the conditional site development plan approval issued by Respondent Tarrytown Planning Board on May 24, 2004 for the dismantling of the Asphalt Plant and its reconstruction in a new location is conditioned upon the enactment of certain amendments to the Code and Official Zoning Map of the Village of Tarrytown, which are presently under consideration by Respondent Tarrytown Board of Trustees (the "Zoning Amendments"); and WHEREAS, the Petitioners, Respondent Tarrytown Board of Trustees, Respondent Tarrytown Planning Board, Respondent Village of Tarrytown, Respondents Ferry Landings, LLC, Ferry Investments, LLC, Pembroke Capital Group Acquisitions, LLC and Pembroke Acquisitions, LLC (collectively, the 'Terry Landings Respondents"), Respondents Peckham Materials Corp., Peckham Industries, Inc., County Asphalt, Inc. and Westchester Industries, Inc. (collectively, the 'Teckham Respondents") and Respondents Howard Epstein and Robin Epstein seek to voluntarily resolve this proceeding without resort to further litigation; and WHEREAS, said parties have agreed to a voluntary withdrawal of the instant litigation without prejudice and with a right to renew, so as to facilitate a voluntary resolution of this proceeding; 2476/J3/2Mt61 V2 7V6/04 -3- �NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. Respondents Tarrytown Board of Trustees, Tarrytown Planning Board and Village of Tarrytown hereby appear in the above-captioned proceeding by their attorney, Jeffrey S. Shumejda, Esq., Sleepy Hollow National Bank, Box 876, Sleepy Hollow, New York 10591. 2. The Ferry Landings Respondents hereby appear in the above-captioned proceeding by their attorneys, Watkins & Chemeff, by Peter R. Chemeff, Esq., 701 Westchester Avenue, White Plains, New York 10604. 3. The Peckham Respondents hereby appear in the above-captioned proceeding by their attorneys, Devorsetz, Stinziano, Gilberti, Heintz & Smith, P.C., by Kevin C. Murphy, Esq., 555 East Genesee Street, Syracuse, New York, 13202. 4. Respondents Howard and Robin Epstein hereby appear in the above-captioned proceeding by their attorneys, Philip Blumenfeld, 12Murchison Place, White Plains, New York 10605. 5 The Petition is hereby deemed amended so as to include a claim challenging the decision of Respondent Tarrytown Planning Board, embodied in its Resolution adopted on May 24,2004, to grant conditional site development plan approval for the dismantling and reconstruction of the Asphalt Plant in a new location. 6. The Petitioners hereby withdraw the Petition (including the claim included by virtue of its stipulated amendment, as set forth in Paragraph "5" above) without prejudice to their right to renew as set forth and in accordance with Paragraphs "7", "11", "12" and "13" below. 247S/J 3/26*361 YZ 7 * W -4- �259 7. The parties, on their own behalf and on behalf of their successors and assigns, hereby agree and acknowledge that the Petitioners may renew and reassert the Petition (including the claim included by virtue of the stipulated amendment, as set forth in Paragraph "5" above, except for any claim of SEQRA segmentation or any other restriction set forth herein) at any time on or before (a) October 1, 2004 or (b) ID the event the Zoning Amendments are enacted subsequent to August 16, 2004, within forty-five (45) days after the date of their adoption by Respondent Tarrytown Board of Trustees (which, as set forth in Paragraph "10" below, may only occur at a regularly scheduled meeting of Respondent Tarrytown Board of Trustees). If these claims are renewed within this time frame (by filing and service of a Notice of Amended Petition and Amended Petition under the caption and index number set forth above), no defense founded upon statute of limitations grounds, waiver, laches or estoppel may be raised by Respondents in response thereto. 8- The Petitioners hereby submit to Respondent Tarrytown Board of Trustees and Respondent Tarrytown Planning Board a schedule (annexed hereto as Exhibit "A") identifying topics which the Petitioners assert constitute environmental impacts relating to the dismantling and reconstruction of the Asphalt Plant in a new location and, with respect to each topic identified, an accompanying statement of studies and/or analyses which Petitioners assert should be undertaken to assess the impact of such subject area. The Respondents do not concede, stipulate, agree or acknowledge that the Petitioners' assertions relative to this schedule are valid, factual or correct, or that the topics identified in Exhibit "A" must be analyzed and/or that the studies and analyses set forth therein are necessary for purposes of environmental assessment. The parties acknowledge that Respondents Tarrytown Board of Trustees and Tarrytown Planning Board shall, in their discretion, determine what information, studies or other materials in addition 247fi/I3/Z608£l VI 7/6/W -5- �to those already of record, if any, must be submitted before any action is taken by either Board relative to the dismantling and reconstruction of the Asphalt Plant in a new location, including the adoption of the Zoning Amendments (subject to Petitioners' right to assert that any such action was not accompanied by the SEQRA "hard look", as set forth in Paragraph "12" below). Any materials submitted by the Ferry Landings Respondents to either Respondent Tanytown Planning Board and/or Tanytown Board of Trustees between the date of entry of this Stipulation and the enactment of the Zoning Amendments shall be simultaneously delivered via U.S. Mail first class delivery to the Village of Sleepy Hollow, c/o Mr. Dwight Douglas, Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. The parties acknowledge that Exhibit "A" is attached to this Stipulation solely for the purpose of identifying topics and studies/analyses that Petitioners assert should be reviewed and undertaken and, consequently, its presentation in the form of an attachment to this Stipulation shall not be used to support the claims that may be raised by Petitioners in the future (as set forth in Paragraph "12" below"). 9. Respondent Tarrytown Board of Trustees shall take no final action upon the Zoning Amendments until, at the earliest, its August 16,2004 meeting. 10. Respondent Tarrytown Board of Trustees shall only consider and act upon the Zoning Amendments at its regularly scheduled public meetings to be held on July 19, 2004, August 16, 2004 and on the third Monday of each calendar month subsequent to August 2004. Thus, it shall not consider or act upon the Zoning Amendments at any other meeting, including any special meetings convened subsequent to the entry of this Stipulation. 11. The Petitioners hereby waive any claim, now or in the future, involving the construction of a new Village of Tarrytown Department of Public Works Facility and Village of Tarrytown Village Hall. -6- �261 12. In the event the Petitioners renew this proceeding (as provided in Paragraph "7" above), the claims asserted therein (including claims challenging the Zoning Amendments) shall be limited to whether Respondents Tarrytown Board of Trustees and/or Respondent Tarrytown Planning Board satisfied the "hard look" standard imposed under the Stale Environmental Quality Review Act ("SEQRA"), its regulations and case law, with respect to all actions taken with regard to the dismantling and reconstruction of the Asphalt Plant in a new location. 13. In the event Petitioners renew the Petition (as provided in Paragraph "7" above), the certified record applicable to all actions challenged presented to the Court shall include any studies, reports, analyses, statements and/or other materials prepared and submitted to Respondents Tarrytown Board of Trustees and Tarrytown Planning Board prior to final action upon the Zoning Amendments. 14. The parties agree and acknowledge that Petitioners' rights to contest the review and approval of the Ferry Landing Project shall be preserved and are not waived by virtue of this Stipulation, except as limited herein. Thus, Petitioners shall maintain their rights to contest any action(s) or approval(s) taken or issued with regard to the Ferry Landing Project, except that they shall be precluded from asserting claims of SEQRA segmentation insofar as the new Village of Tarrytown Department of Public Works Facility, Village of Tarrytown Village Hall and the dismantling and reconstruction of the Asphalt Plant in a new location are concemed. 15. The parties shall appear before the Court during the week of September 6,2004 for control purposes at a date and time to be set by the Court. 16. It is further expressly acknowledged and agreed that this Stipulation shall in no way be raised or construed as a waiver of any claim and/or defense held by any party hereto relating to the Petition filed herein, except as limited herein. 206/13/260861 VI 7/fcW -7- �17. The undersigned attorneys represent and warrant that they have been duly authorized to execute this Stipulation on behalf of the parties for whom they have signed. All parties acknowledge that all appropriate authorizations have been secured with regard to execution of this Stipulation and agree that they will not contest the validity of, or any parties' authority to enter into, this Stipulation. 18. It is acknowledged and agreed that this Stipulation is a mutual undertaking of counsel for all parties and, accordingly, to the extent any ambiguity exists with respect to the terms set forth herein, such terms shall not be resolved against any one party or the other. 19 This Stipulation may be executed and submitted to the Court in counterparts. 20. This Stipulation shall be "So Ordered" by the Court and carry the force and effect of a Court Order. Dated White Plains, New York Jun&^_, 2004 Dated: KEANE SC. BEANE, P-Q By: Sleepy Hollow, New York June ,2004 JEFFREY S. SHUMEJD A, E S Q . By. Attorneys for Petitioners One North Broadway, Suite 700 White Plains, New York 10601 (914) 946-4777 247&13/2««S«1 V2 7/MH Jeffrey S. Shumejda, Esq. Attorney for Respondents Bd. of Trustees of the Village of Tanytown, Planning Bd. of the Village of Tanytown and Village of Tanytown Sleepy Hollow Bank Building 47 Beekman Avenue Sleepy Hollow, New York 10591 (914)631-4800 �26: JUL. 8.2004 10:28»1 17. N0.877 KEfitC 8 BE«C P.11/21 l The undersigned attorneys represent and warrant that they have been duly authorized to execute this Stipulation on behalf of the parties for whom they have signed. AH parties acknowledge that all appropriate authorizations have been secured with regard to execution of this Stipulation and agree that they will not contest the validity of, or any parties' authority to enter into, this Stipulation. 18 It is acknowledged and agreed that this Stipulation is a mutual undertaking of counsel for all parties and, accordingly, to the extent any ambiguity exists with respect to the terms set forth herein, such terms shall not be resolved against any one party or the other. 19. This Stipulation may be executed and submitted to the Court in counterparts. 20. This Stipulation shall be "So Ordered" by the Court and cany the force and effect I of a Court Order. Dated White Plains, New York June _ , 2004 Dated: Sleepy Hollow, New York , '.2004 KEANE & BEANE, P.C 'S.SHUMXJDAJESQ. By: By: Judson K. Siebert, Esq. Attorneys for Petitioners One North Broadway, Suite 700 White Plains, New York 10601 (914)946-4777 MWM/ZMCI vz Attorney for Respondents Bd. of Trustees of the Village of Tarrytown, Planning Bd of the Village of Tanytown and Village of Tarrytown Sleepy Hollow Bank Building 47 Beekman Avenue Sleepy Hollow, New York 10591 (914)631-4800 I vtm i. , . _ • *r^^-" . * # - * 1 ^^^^^^^^^i^-^^sS^^^^^i^ jv..v-(£#'*iiSSlfe iritr*.•£*$»J# r*+ar$l fesfeases^-^fWi^Si. �I Dated: Syracuse, New York June _ , 2004 Dated: White Plains, New York M S if, 2004 WATKINS & CHERNEFF DEVORSETZ, STINZIANO, GLLBERTI, HEINTZ & SMITH, P . C . By: By: Kevin C. Murphy, Esq. Attorneys for Respondents Peckham Materials Corp., Peckham Industries, Inc. County Asphalt, Inc., Westchester Industries, Inc. 555 East Genesee Street Syracuse^ New York 13202 (315)442-0100 Peter R. Chemefjjgjsq. Attorney for Respondents Ferry Landings, LLC, Ferry Investments, LLC, Pembroke Capital Group Acquisitions, LLC, Pembroke Acquisitions, LLC, 701 Westchester Avenue White Plains, New York 10604 (914) 949-9000 Dated: White Plains, New York June __, 2004 PHILIP BLUMENFELD, ESQ. B y : • • • .-.: --- - Philip Blumenfeld, Esq. Attorney for Respondents Howard and Robin Epstein 12 Murchison Place White Plains, New York 10605 (914) 761-9008 SO ORDERED: Hoa Jonathan Lippman, A J.S.C I 2476/13/260861 V2 7/trtM -9- �£*:*v JUL. 6.2004 Dated: 10:34fif1 W.bi'i' KEANE&'BEflTE Syracuse, New York June __, 2004 W t y 14, £0&4 Dated: DEVORSETZ, STINZIAKO, K. l^/ci I White Plains, New York June ,2004 WATKWS & CHERNEFF GlLBERTl, HEINTZ & SMITH, P.C. By: By: C.Mtkphyyiisq. Attorneys for Respondents Peckham Materials Corp., Peckhain Industries, Inc. County Asphalt, Inc., Westchester Industries,- Inc. 555 East Genesee Street Syracuse, New York 13202 (315)442-0100 Peter R, Chemeff, Esq. Attorney for Respondents Ferry Landings, LLC, Feny Investments, LLC, Pembroke Capital Group Acquisitions, IXC, Pembroke Acquisitions, LLC, 701 Westchester Avenue White Plains, New York 10604 (914)949-9000 Dated: I White Plains, New York June ^,2004 PHILIP BLUMENFELD, ESQ. By: Philip Blumenfeld, Esq. Attorney for Respondents Howard and Robin Epstein 12 Murchison Place White Plains, New York 10605 (914)761-9008 SO ORDERED: Hon. Jonathan Lippman, AJ.S.C I 247&13/M0W1 V3 Vffrf -9- i^y%<%^- - ,'-.»> ;SE*.®..&••£•*Tf^a IK SftrfSTfe^St* Sfa-i^Srt JEar*1** «*..*, 4au&»£tta«j»d&aikfc^jds&^ �I Dated: Syracuse, New York June , 2004 Dated: WATKINS & CHERNEFF DEYORSETZ, STINZIANO, GLLBERTI, HE1NTZ & SMITH, P . C . By: I White Plains, New York June _ , 2004 By: PeterR.Chemeff.Esq. Attorney for Respondents Ferry Landings, LLC, Ferry Investments, LLC, Pembroke Capital Group Acquisitions, LLC, Pembroke Acquisitions, LLC, 701 Westchester Avenue White Plains, New York 10604 (914) 949-9000 Kevin C. Muiphy, Esq. Attorneys for Respondents Peckham Materials Coip., Peckham Industries, Inc. County Asphalt, Inc., Westchester Industries, Inc. 555 East Genesee Street Syracusej 'New York 13202 (315)442-0100 Dated: jatea- White wmte Plains, m m s , New York H4i^fet»di2004 PHILIP BLUMENFELD, ESQ. By. PhUi^Bluifaenfeld,. Attorney for Respond Howard and Robin Epstein 12 Murchison Place White Plains, New York 10605 (914)761-9008 ithan Lippman, A J.STt I 247&I3/2C0&I V2 7/S/W �Air Quality c Preparation of an air quality analysis under criteria set forth in the NYSDOT Environmental Procedures Manual, Chapter 1.1, Air Quality (January 2001). The air quality analysis should include a worst case scenario, 375,000 ton per year mavirmim output and an oulpuf of at least 75 percent of the maximum allowed output which represents a nine month operation. The analysis needs to include impacts associated with construction activities related to the relocation of the plant Impacts on the proposed Ferry Landings residential areas and those surrounding the site should examine factors such as the distance from the proposed residential structures to the asphalt plant stack and the heights of the structures and stack. The Applicant needs to address potential air quality impacts associated with the potential generation of dust during plant operation and during the construction process. Fugitive dust control mitigation measures need to be detafled Truck Traffic The relocated plant will not have access to the Hudson River so as to bring in materials in bulk. All deliveries must now be made by truck. An environmental analysis should include the worst case scenario of a Tnairinnim output of 375,000 tons per year and an analysis of the plant operating at approximately 75 percent maximum allowable output A truck routing plan should indicate truck volume based on worst case and 75 percent maximum output and indicate potential routes through both the Village of Sleepy Hollow and Tarrytown. The routing plan should also: identify specific conflict area such as the H-Bridge (Tanytown), Beekman Avenue Bridge (Sleepy Hollow) and other areas that would be specifically impacted by bock, traffic. The review should include the existing levels of service and volume to capacity ratios for selected intersections along the proposed truck routes for the AM, PM and weekend peak hours, factor in surrounding background traffic volumes as part of a no build evaluation and then add in project related traffic. Identify potential mitigation measures for those intersections and or roadway segments that are adversely impacted. Visual Before and after depictions need to be provided from selected vantage points including: Horan's Landing, Ichabod's Landing, Kingsland Point Park, the General Motors waterfront, and Hudson Street Visual documentation should be provided with photographs of the existing plant from the above referenced locations. Photo-simulations of the proposed plant in its new location need to be prepared by a qualified photo-simulation consultant using balloon tests or other appropriate means for determining height (crane) with depictions prepared for each of the above referenced locations. Buffering Given the relocation of the asphalt plant, proximate to residential neighborhoods, such issues as hours of operation, site lighting including a lighting plan indicating the amount of illumination being proposed and whether mere is any light spill over off site, site access, landscaping and buffering should be addressed. H Bridge Further, the contemplated relocation of the asphalt plant to an area near the northwest k g of the HBridge may preclude future design alternatives An engineering evaluation shall be prepared that would indicate whether the location of the plant would significantly restrict future alignment improvements of this portion of the H-Bridge. This could be a potentially significant impact on development within the local waterfront area. Further, documentation has been prepared on me existing condition of the H-Bridge, said report notes certain items in need of repair, the review should indicate when and if these repairs wQI be madeGiven that the proposed relocation places the asphalt plant in closer proximity to existing residential neighborhoods, a noise analysis needs to be prepared. Ambient noise monitoring should consist of short-term measurements (e.g., 20 minutes at each location) during the AM Peak, PM Peak, Saturday Peak and evening (assumes plant is operating on a round me clock basis for nine months of the year). In addition, one location should be designated for continuous 24 hour monitoring. Locations should include: existing residential neighborhoods to the east, me proposed Ichabod's landing site, General Motors and Kingsland Point Park. Parameters include L90, Lgq, Lj 0 Calculate thel.fo (day-night level) from die cxratmoous 24-hour data set Noise y �2SS I To: Chief Jose Ojito From: Richard N. Gross, Chief Driver Date: July 20,2004 Re: New Driver Please be advised that Sergio Trawares of 22 Lawrence Ave. has successfully completed drivers training on Eng. 85. He will be added to the drivers list after the board of trustees has received this communication. His training included driving the apparatus and approx. 10 hrs of pump operations. B • 'A/VM' Richard N. Gross, Ch.Driver ^y CVi.^ ~ ^ ^ >y? a^ <53f^ • �2fi3 PUBLIC WORKS REPORT JULY 20,2004 TREE REMOVAL AND PRUNING IS ONGOING. STREET LITE REPAIRS ARE ONGOING. REPLACING DETERIORING CURBS. PAINTING LINES AND CROSSWALKS, ALSO HANDICAP PARKING SPACES. HYDRANT FLUSHING HAS BEEN COMPLETED. INSTALLING A NEW BOOTH AT THE ENTRANCE TO KINGSLAND POINT PARK. CUTTING BACK THE OVERGROWTH ON THE SHOULDERS OF ROUTE 9. � 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-2004 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_2004-07-20 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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