https://sleepyhollow.localarchives.org/files/original/90592e87127976ccd760eb1c54796b31.pdf e07e98e3a78a87b9b079eee424c70acf PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow. A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, January 11 th , 2005 at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Deputy Mayor Mario DiFelice Andy Murray Rich Zieja Tommy Capossela Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Robert Ponzini, Village Attorney Joel Sachs, Special Counsel David Smith, Planning Consultant Sean McCarthy, Village Architect At 7:40 p.m. the Mayor called the Board into special session to continue a Public Hearing on clarification and re-adoption of the Village's official zone map. Sean McCarthy presented a final version of the map. No one spoke in opposition. On a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously the public hearing was closed. During the Special Session the attached resolutions were acted on as noted therein. On a motion of Trustee Murray, seconded by Trustee DiFelice and subject to the review, and approval of the Mayor, the subject department heads, and the Village Treasurer the warrant of January 11*, 2005 and any vouchers as consolidated in said warrant were unanimously approved. At 8:30 p.m. on a motion of Trustee DiFelice, seconded by Trustee Spota the special meeting was adjourned and the board went into executive session to review current litigation. No action was taken during the executive session which ended at 9:35 p.m. Respectfully submitted, _ Dwight HTDouglas, Village Administrator �493 Meeting Date: 01/11/05 Resolution #: 01/01/05 MAYOR AND BOARD OF TRUSTEES RESOLUTION DECLARATION OF LEAD AGENCY WHEREAS, on December 17,2004 the Village of Sleepy Hollow Board of Trustees ("the Village Board") received a special permit and conceptual site plan application for the development of a 65-unit affordable senior housing building on the parking lot at 126 Valley Street ("the Proposed Action"); and WHEREAS, the Proposed Action also involves the conveyance of Village-owned land; and I WHEREAS, the Proposed Action is an Unlisted Action under SEQRA; and WHEREAS, since the Proposed Action would have more than one Involved Agency, a coordinated review under the State Environmental Quality Review Act (SEQRA) shall occur; and WHEREAS, pursuant to the requirements of SEQRA, a Lead Agency determination must be established prior to a determination of significance for the Proposed Action; and WHEREAS, the Village Board has expressed an interest in becoming the Lead Agency in this matter and did circulate it intent to do so at its December 21,2004 Board meeting; and NOW THEREFORE BE IT RESOLVED, that after circulation of the Notice of Intent to Act as Lead Agency, the Village Board does hereby declare itself to be Lead Agency; and be it further RESOLVED, that the Village Board does hereby schedule a public hearing on the proposed action for January 25,2005 on or about 8:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, whereby all members of the public wishing to be heard will be provided an opportunity to do so. Moved by: Trustee Spota Seconded by: Trustee Capossela I Vote: Unanimous I -- * ^ , 3 ^ * *4c&^^--^iV3ia!|iS4S? ^tek^jis- iT^fab^i^S^L^tj ^ ^ K ^ ^ ^ ^ f c i ^ J i ' i s - i t f i i l ^ ^ ^ s H i S ^ * �494 Distribution List _____ Donald Stever, Chairman, Architectural Review Board Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 • Nicholas Robinson, Chairman, Planning Board Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Erin Crotty, Commissioner NYS Department of Environmental Conservation 625 Broadway, 14th Floor Albany, NY 12233 Village Clerk, Village of Tarrytown 21 Wildey Street Tarrytown, NY 10591 _ _ Richard Weiss, Chairman, Waterfront Advisory Committee Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Westchester County Planning Board County Office Building 148 Martine Avenue, Room 432 White Plains, NY 10601 Marc Moran, Director, Region 3 NYS Department of Environmental Conservation 21 South Putt Comers Road New Paltz,NY 12561-1696 �495 Meeting Date: Resolution #: 01/11/05 01/02/05 RESOLUTION AUTHORIZING T H E EXECUTION O F A PURCHASE AND SALE A G R E E M E N T F O R VALLEY S T R E E T PREMISES WITH WESTCHESTER M A N A G E M E N T GROUP, INC. WHEREAS, Westchester Management Group, Inc. seeks to acquire certain real property within the Village of Sleepy Hollow, which includes a 19,600 square foot parcel (designated as I Section 1115.15, Block 3, Lot 39) commonly known as the "Valley Street Parking Lot", for purposes of developing and constructing a residential project for the benefit of low and moderate income senior citizens; and WHEREAS, this property is owned by the Village of Sleepy Hollow; and WHEREAS, the Village Board of Trustees has determined that no compelling basis, or need, exists for the Village of Sleepy Hollow's continued ownership of the Valley Street premises; and WHEREAS, the proposed use of these premises as affordable senior citizen housing will promote the public interest and be to the benefit of the health and welfare of the community; and I WHEREAS, the Valley Street premises will be conveyed pursuant to a Purchase and Sale Agreement, in a form acceptable to the Village Mayor and counsel, and for good and adequate consideration; NOW THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby authorizes the execution, by the Village Mayor, of a Purchase and Sale Agreement with 2476/13/254815 VI 1/20/95 I .%*:KW --JLM* £U+&L*t*> &*XSJ&\ ^ ^ J K i i s ^ ^ i ^ v j l i^<^~j* ^ k ^ * ^ �496 Westchester Management Group, Inc. for the Valley Street premises, in a form deemed acceptable to the Village Mayor and counsel and that the Village Mayor and counsel be authorized to take any such additional steps as are necessary to effectuate this conveyance. Moved: Trustee Capossela Z-476/I3/Z548I5 VI 1/20/05 Seconded: Trustee Grala Vote: Unanimous �497 PURCHASE AND SALE AGREEMENT THIS AGREEMENT, dated as of January 11,2005, by and between The Village of Sleepy Hollow, a municipal corporation having an address at 28 Beekman Avenue, Sleepy Hollow, New York 10591 ("Seller"), and Westchester Management Group. Inc., a New York not for-profit corporation having an address at 126 Valley Street, Sleepy Hollow, New York 10591 ("Purchaser"). WITNESSETH: WHEREAS, Seller owns approximately 19,600 square feet of land commonly known as Valley Street, Village of Sleepy Hollow, Westchester County, State of New York (also known as Section 1115.15, Block 3 Lot 39); and WHEREAS, the Purchaser desires, subject to the terms, conditions and provisions of this Agreement, to acquire such land and develop and construct certain improvements thereon, presently anticipated to consist ofnot less than a 65 residential rental unit project for senior citizens of low and moderate income (collectively, the "Improvements"); and WHEREAS, the Seller desires to convey such land to the Purchaser in accordance with the terms and provisions of this Agreement; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency ofwhich are acknowledged, it is agreed as follows: 1. Purchase and Sale: Description of Property. Seller agrees to sell, transfer, assign and convey, and Purchaser agrees to purchase, subject to the terms, provisions, covenants and agreements contained herein, all of the following: (a) the land situated at and commonly known as Valley Street, Sleepy Hollow, Westchester County, State of New York, including all tenants, hereditaments, appurtenances, easements and rights appertaining thereto, as such land is more particularly described in Schedule "A" annexed hereto and made a part hereof (collectively, the "Land"); and (b) all licenses, permits and similar approvals issued by any federal, state, county or municipal authority relating to the use, ownership or operation of the Land (collectively, the "Approvals"), nmning to, or in favor of, Seller on the Land. All of the items referred to in Paragraphs (a) and (b) above are collectively referred to herein as the "Property". -1- �2. Purchase Price and Deposit. The purchase price (the "Purchase Price") for the Property shall be Two Hundred Fifty Thousand Dollars ($250,000.00), payable at the Closing by certified check, cashier's check or wire transfer of federal funds to an account to be designated by Seller prior to the Closing. 3. Closing, (a) The consummation of the transactions contemplated hereunder (the "Closing") shall take place at the offices of Seller's attorneys or at the offices of Purchaser's lending institution or its attorneys. The Closing shall occur on or about June 1,2006 (the "Closing Date"), except that if the Closing is adjourned pursuant to the terms of this Agreement, the adjourned date shall be referred to as (the "Closing Date"). (b) The Closing of transfer of title to the Property shall occur simultaneously with the closing of Purchaser's acquisition and construction financing for such Property. 4. Condition of Title, (a) Good and marketable title to the Property shall be conveyed to the Purchaser at Closing free and clear of all liens, mortgages, covenants, options, contracts, rights, claims, encumbrances, restrictions and easements of any kind or character (collectively, the "Exceptions"), excepting only (i) such Exceptions as may be hereafter consented to in writing by the Purchaser in its sole and absolute discretion; and (ii) such easements and similar encumbrances (including, but not limited to, utility easements) which do not interfere with the use, enjoyment or operation of the Property (collectively, the "Permitted Exceptioas"), and with respect to which the Title Company (as hereafter defined) provides affirmative insurance coverage acceptable to the Purchaser. The Seller shall, upon the Seller's acceptance of this Agreement, forward to the Purchaser's attorney any existing title reports, policies or abstracts of title covering the Land that the Seller possesses. (b) If as of the Closing Date there are any encumbrances which Seller is obligated hereunder to pay or discharge, Seller shall either deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy of record such Exceptions, together with the cost of recording orfilingsaid instruments, or, provided that Seller has made or makes arrangements with the Title Company at or in advance of the Closing, Seller may deposit with the Title Company sufficient monies, acceptable to and required by the Title Company, or bond such Exceptions, to insure Purchaser, without additional premium, that title is free of any such Exceptions and to insure Purchaser's lender, without additional premium, that title is free of any such Exceptions. In addition, no franchise, corporate income tax, estate or inheritance tax open, levied or imposed against Seller or any former owners of the Property shall be objections to title if a Title Company will insure Purchaser and Purchaser's lender, without additional premium, that title is free of any such lien and will insure Purchaser against collection thereof from or out of the Property. 5. Adjustments and Transfer Taxes. (a) The Purchaser and Seller agree that all municipal real estate taxes, water charges, sewer rents and all other charges or taxes levied or assessed against the Land shall be prorated and �499 adjusted as of the date of Closing. (b) Seller shall pay the New York State real property transfer tax payable, if any, in connection with the transactions provided in this Agreement. 6. Representations and Warranties. (a) Seller represents and warrants to Purchaser as follows and, unless otherwise provided in this Agreement, the truth and accuracy thereof in all material respects on the Closing Date shall be a condition to Purchaser's obligations hereunder: (i) Seller is the sole legal owner of all of the Property in fee simple; (ii) There are no actual or pending and, to the best of Seller's knowledge, no threatened, suits, actions, investigations or proceedings with respect to all or part of the Property, or against Seller, which could result in a hen or lis pendens affecting all or part of the Property; (in) There are no contracts, written or oral, created by Seller, or, to the best of Seller's knowledge, any other party, affecting the Property or Seller's right, title and interest therein which would be binding upon Purchaser or which would run with the Land; (iv) to the Property; No tax certiorari or similar tax reduction proceedings are pending with respect (v) Seller is not a foreign person as defined in Section 1445 of the Internal Revenue Code of 1986, as the same has been amended (the "Code"). Seller shall provide Purchaser with an affidavit (a "FIRPTA Affidavit") to that effect in compliance with the Code at or prior to Closing Date; (vi) No portion of the Land is subject to any pending condemnation, taking or similar proceeding by any public authority, and Seller has no knowledge or grounds to believe that any such condemnation, taking or similar proceeding is threatened; (vii) Seller has no knowledge of any deposit, storage, disposal, burial, discharge, spillage, seepage or filtration of any Hazardous Substances (as hereafter defined) at, upon, under or within the Land in violation of any Environmental Law (as hereafter defined); and (viii)All utilities, including sewer, water, natural gas and electric are currently available at the Land and accessible without extraordinary requirements. (b) The representations and warranties set forth in subparagraph (a) above shall survive the Closing for a period of one (1) year from the date thereof. -3- �5 7. Operations Pending Closing. During the term of this Agreement: (a) Seller shall maintain the Property in good order and substantially in its present state and condition as on the date hereof; (b) Seller shall not enter into any lease, mortgage, agreement of sale, option, or any other agreement or contract affecting the Property, except as otherwise provided herein, nor shall Seller grant any easements or further encumber the Property, without the prior written consent of Purchaser; (c) Seller shall not commit any act or omission which would constitute a violation of any Approvals, currently existing covenants, conditions, restrictions, laws, statutes, rules, regulations and ordinances now applicable to the Property; (d) Seller shall not manufacture, store, generate, handle, or dispose of any Hazardous Substances (as hereinafter defined) on the Land, or use or consent to the Land being used for such purposes, or emit, release or discharge any such Hazardous Substances into the air, soil, surface water or groundwater comprising the Land; (e) Seller shall not remove or damage any improvements or landscaping now in or on the Land during the term of this Agreement, except with the prior written consent of Purchaser; and (f) Seller agrees that, except as otherwise provided in this Agreement and without the prior written consent of Purchaser, Seller shall not: (0 Take actions with respect to the Property that may be inconsistent with its obligations under this Agreement; (ii) Materially alter the physical characteristics or features of the Property, or (iii) Enter into any commitment which might reasonably result in any direct financial obligation or burden with respect to the Property or the Purchaser, except to the extent otherwise anticipated by this Agreement. 8. Violations. (a) Seller shall comply with any notices ofviolation of law or municipal ordinances, orders or requirements issued by any state, county or municipal department having jurisdiction against or affecting the Property which have not been fully remedied or discharged of record as of the date of this Agreement ("Violations"). (b) Seller hereby authorizes Purchaser to make any necessary searches for the purposes of determining whether notices of Violations have been issued with respect to the Property or hens -4- �501 attached thereto. 9. Conditions Precedent. (i)The parties hereby agree that Purchaser's obligation to purchase the Property is subject to and contingent upon the satisfaction of those matters contained in this Section 9 (the "Conditions Precedent"); provided, however, that Purchaser may, at any time during the term of tliis Agreement, waive one or more of the Conditions Precedent by written notice to Seller. (a) Environmental Inspections. For a period the thirty (30) days from the date hereof (the "Due Diligence Period") the Purchaser may, at Purchaser's sole cost and expense, enter upon the Land to conduct environmental examinations and tests (including, but not limited to, a Phase I Environmental Study) to determine the presence of any Hazardous Substance. Purchaser shall deliver to Seller, promptly after Purchaser's receipt thereof, a true copy of each report of each examination and test. If the reports reveal the presence of Hazardous Substances, the Purchaser may declare this Agreement null and void by written notice to Seller, such notice to be delivered within the Due Diligence Period, in which case there shall be no further liability of the parties under this Agreement, except as may be specifically provided herein. For purposes of this Agreement, Hazardous Substances shall mean any hazardous or toxic material, substance or waste which is defined by those or similar terms or is regulated as such under any statute, law, ordinance, rule or regulation of any local, state or federal authority having jurisdiction over the Property or its use, including but not limited to (a) the Federal Water Pollution Control Act (33 U.S.C. §1251) as amended; (b) the Resource Conservation and Recovery Act (42 U.S.C. §6901 et. seq.) as amended; (c) the Comprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C. §9601 et. seq.) as amended; or (d) the Federal Clean Air Act (42 U.S.C. §7401 et. seq.) as amended (hereinafter referred to collectively as "Environmental Laws"), but excluding material occurring in such concentration that it does not constitute a violation of Environmental Laws. The Seller shall, upon the Seller's acceptance of this Agreement, forward to the Purchaser's attorney any existing environmental studies, tests or reports that the Seller may possess. (b) Survey. During the Due Diligence Period, the Purchaser may, at Purchaser's sole cost and expense, prepare or have prepared an American Land Title Association ("ALTA") survey of the Land (the "Survey"), locating all improvements, fences, watercourses, roads, rights-of-way, encroachments, easements and encumbrances. The Survey shall be certified to Seller, Purchaser, Purchaser's title insurance company (the "Title Company") and Purchaser's proposed lender. Purchaser may, by notice given to Seller no later thanfive(5) business days after the expiration ofthe aforesaid Due Diligence Period, terminate this Agreement if the Survey shows facts which would interfere with the ownership, use or operation of any portion ofthe Land, such facts to be specifically described by Purchaser in said notice, in which case there shall be no further liabilities of the parties under this Agreement except as may be specifically provided herein. I I (c) Property to be Vacant. At the Closing, the Land shall be delivered vacant to the Purchaser free of all tenants, tenancies, persons in possession and rights of possession, except as otherwise provided herein, (d) Purchaser's Municipal Approvals. The Purchaser may, at its option and by written I ¥_*. :&•: E * . " A ^ ^ r * ^ J ^ X * ^ ^ B ' ^ s V ^ ^ * ^ ~~.'~^h^L^^d^%^^^S^-Z- -£•—.S^H*^4i^l^^^Jfe£S^,r^^Tl^fe^MiJ-a^ �5 notice to the Seller, terminate this Agreement if the Purchaser's Approvals including, but not limited to, zoning, site plan and planning board approvals (the "Purchaser's Approvals") are not obtained, in which case there shall be no further liabilities of the parties under this Agreement except as may be specifically provided herein. (e) Financing Commitments. The Purchaser shall receive commitments for construction and permanent financing for the acquisition ofthe Property and construction ofthe Improvements in such amounts and on such terms and conditions as shall be reasonably satisfactory to the Purchaser (the "Financing Commitments"). Purchaser may, by written notice to the Seller, terminate this Agreement ifthe Purchaser does not receive satisfactory Financing Commitments, in which case there shall be no further liabilities of the parties under this Agreement except as may be specifically provided herein. (f) Other. The Seller shall perform all other acts and shall deliver all other documents as the Seller is required to deliver and perform pursuant to the terms of this Agreement, and all representations and warranties of the Seller contained herein shall be true and correct as of each Closing Date. (ii) the Parties agree that the Seller's obligation to sell and convey the property to the Purchaser hereunder is subject to compliance by the Seller with all applicable laws. 10. Instruments Delivered at Closing. (a) At the Closing, Seller shall deliver to Purchaser, in form and substance satisfactory to the Purchaser and the Purchaser's counsel, the following: (1) Deed. Seller's duly executed and acknowledged bargain and sale deed with covenants against grantor's acts, conveying to the Purchaser fee title to the Land, subject only to the Permitted Exceptions, together with Form TP-584 duly executed by Seller. (b) (2) Assignment. Seller's duly executed assignment of the Approvals. (3) FIRPTA Affidavit. Seller's duly executed FIRPTA Affidavit. At the Closing, Purchaser shall deliver the following to Seller: (i) The Purchase Price payable in accordance with this Agreement. 11. Brokerage, Purchaser and Seller each represent that no broker was involved in this transaction. Seller hereby agrees to indemnify and hold harmless the Purchaser from and against all claims, liabilities, losses, damages, costs and expenses, including attorneys' fees and expenses, winch arise or are incurred as a result of any dealings or alleged dealings by SeDer with any broker with respect to the sale of the Property. The provisions of this Section 11 shall survive the Closing or the -6- �503 earlier termination of this Agreement. 12. Assignment. Seller shall be prohibited from selling or assigning this Agreement or all or any portion of its interest in the Property. Purchaser may assign this Agreement without the consent of the Seller to an affiliate of the purchaser or to a to-be-formed limited partnership or limited liability company controlled by or under common control with the Purchaser. The Purchaser reserves the right to assign the rights to purchase the subject property to the County of Westchester. In the event that the Purchaser exercises this right, the Seller hereby agrees to execute a new Sales Contract in such form as Westchester County may require, provided that the sales price remains the same as set forth herein. 13. Defaults. (a) If Purchaser defaults in performance of its obligations under this Agreement, Seller shall, as its sole and exclusive remedy, and as liquidated damages, be entitled such sums, if any, actually paid by Purchaser to Seller hereunder. Seller's only other remedy shall be to terminate this Agreement, in which case neither Seller nor Purchaser shall have any further rights or obligations under this Agreement. (b) If Seller defaults in the performance of its obligations under this Agreement, Purchaser, in addition to any other rights and remedies available to it, shall be reimbursed by the Seller for the third party costs of Purchaser's examination of title, its procurement of Purchaser's Approvals and Financing Commitments, and the costs of the Surveys and any environmental inspections undertaken by the Purchaser. In the event of Seller's willful default, Purchaser shall have, in the alternative, a right of specific performance. 14. Notices. Any notice required or permitted to be given under provisions of this Agreement shall be either hand delivered, with written acknowledgment of receipt, or sent by overnight delivery or sent by certified mail, return receipt requested, directed as follows: If to Seller: Mr. Dwight Douglas Village Manager Village of Sleepy Hollow Sleepy Hollow, New York 10591 with an additional copy to: Judson Siebert, Esq. Keane and Beane, PC 445 Hamilton Avenue- 15th Floor Whhhe Plains, New york 10601 �504 I If to Purchaser: Mountco Construction and Development Corp. 700 White Plains Road Scarsdale, New York 10583 Attn: Joel B. Mounty with a copy to: i Cannon, Heyman and Weiss LLP 54 State Street Albany, New York 12203 Attn: Geoffrey J. Cannon, Esq. 15. No Waiver. No failure or delay ofeither party in the exercise of any right given to such party hereunder or the waiver by any party of any condition hereunder for its benefit (unless the time specified herein for exercise of such right, or satisfaction of such condition, has expired) shall constitute a waiver of any other or further right nor shall any single or partial exercise of any right preclude any other or further exercise thereofor any other right. The waiver of any breach hereunder shall not be deemed to be a waiver of any other or any subsequent breach hereof. 16. Further Instruments. Each party hereto shall from time to time execute, acknowledge and deliver such further instruments and perform such additional acts as the other party may reasonably request to effectuate the intent of this Agreement, provided the same shall not increase any party's liability beyond that set forth in this Agreement. 17. I Condemnation; Casualty. (a) If, prior to the Closing, a portion of the Land becomes damaged by fire or other casualty or becomes the subject of a condemnation proceeding or Seller receives notice of such a condemnation proceeding, Seller shall immediately notify Purchaser, and, at the Purchaser's option (i) this Agreement shall continue as to the unaffected portion of the Land, the Closing shall take place as otherwise provided herein without any abatement in the Purchase Price, and the applicable insurance proceeds or condemnation award shall be assigned to Purchaser by Seller, or, at the option of the Purchaser, the Purchase Price shall be reduced by a like amount; or (ii) this Agreement shall be terminated and neither ofthe parties shall thereafter have any rights or obligations vis-a-vis the other. (b) This Section 17 is deemed to be an express agreement providing otherwise than is set forth in Section 5-1311 of the General Obligations Law. 18. Miscellaneous. �505 (a) All prior understandings and agreements heretofore made between the parties are merged in this Agreement. This Agreement sets forth all agreements and understandings between the Purchaser and Seller concerning the subject matter hereof and supersedes all prior oral and written understandings and agreements. (b) This Agreement may not be changed, altered, amended, waived, terminated or otherwise modified unless same shall be in writing and signed by or on behalf of the party to be charged. This Agreement shall be binding upon and inure to the benefit of the personal representatives, successors and permitted assigns of the respective parties. (c) This Agreement may be executed in one or more counterparts, all of which counterparts, when taken together, shall constitute a single, valid binding agreement. (d) This Agreement shall be governed by the laws of the State of New York. [Remainder of Page Left Blank] �506 I IN WITNESS WHEREOF, this Agreement has been executed on the day and year first above written. SELLER: Village of Sleepy Hollow By:. Name: Title: PURCHASER: I I Westchester Management Group, Inc. By: Name: Kenneth M. Gentile Title: President oimoivniouiiry/purdase and sale nimiiK -10- �507 SCHEDULE"A" DESCRIPTION OF LAND I i -12- I r . ... ,-:••*.-„-.-^ir "• '" -I,-* ^,r^mfr.k^ij^^.a^^^r''-i:^'-^'Sf^e^^^1^^1 ^ M ^ ^ B �508 I Meeting Date: Resolution No.: 01/11/05 01/03/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Mayor to Adjust Garbage Fees WHEREAS/on September 14, 2004, Local Law No. 6 of 2004 Amending Chapter 24 of the Code of the Village of Sleepy Hollow Entitled "Garbage", was enacted; and I WHEREAS, upon lengthy discussion by the Village Board of Trustees and extended public input by residents and parties of interest, it was acknowledged that some properties within the Village might be difficult to classify within the property classification parameters as defined in Local Law No. 2 Chapter 24 paragraph 8 section A sub-section 4); and WHEREAS, upon due consideration, because of the short time available arid the complexity of the issues involved, it was the intent of the Village Board of Trustees to empower the Village Mayor with the authority to adjust individual property rates as deemed necessary by the Village Mayor in order to be fair and equitable to all concerned and consistent with the intent of this local law to alleviate any perceived hardship; and WHEREAS, the text of Local Law No. 6 as enacted, omitted this intention of the Village Board of Trustees to authorize the Village Mayor to make such adjustments. NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the Village of Sleepy Hollow is hereby empowered/consistent with the eariier intention of the Board of Trustees, to evaluate individual property circumstances and adjust garbage fees billed to these properties, if any, as the Mayor deems necessary to be fair arid equitable to all Village property owners. I Moved: Trustee Grala Seconded: Trustee Zieja . $ u . £*i^r - - Vote: Unanimous ^ ^ i ^ _ ^ j s ^ > s W ^ ^\*3&&££?&C&db£3fcS££ �509 Meeting Date: Resolution #: 01/11/05 01/04/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratifying Mayor's Approval for Processions on January 1 & 9, 2005 WHEREAS, the Pastor of St. Teresa of Avila on behalf of an Ecuadorian group requested approval to hold a procession on Saturday, January 1, 2005, before and after the 7:00 p.m. Mass; and I WHEREAS, the procession would begin at 152 Depeyster and continue to 130 Beekman Avenue and after Mass proceed to Lawrence, to Broadway and to the Order of Eagles; and WHEREAS, the Pastor of St. Teresa of Avila on behalf of a Parish group requested approval to hold a procession on Sunday, January 9, 2005, before Mass beginning at 10:15; and WHEREAS, the procession will begin at the church, proceed on Beekman, Clinton, Depeyster, Cortlandt and Beekman, ending at church; and WHEREAS, the Mayor approved said events to be ratified at the January 11, 2005 Board Meeting. NOW, THEREFORE, BE IT RESOLVED that the Village Board herein ratifies the actions of the Mayor to allow the processions, as requested. Moved: Trustee Zieja Seconded: Trustee Murray I Vote: Unanimous I �510 I ST.TteRESAOFAVIlT^ 130 BEEKMAN AVE SLEEPY HOLLOW, N.Y. 10591 914-631-0720 Fax 914-366-6459 E-Mail: StTeresal30@aol.com Jan. 3,2005 Police Chief Jimmy Warren Sleepy Hollow, NY 10591 Dear Chief Warren, I One of our Parish groups would like to have a procession before the Mass at 11:00 AM next Sunday, January 9th. They will start from the front of the the church and proceed west on Beekman Ave., turning at Clinton St, then Depeyster St., left again at Cortlandt St. and Beekman Ave., ending at the church entrance. They would like to start at 10:15. It is the celebration of the Three Kings. Thanking you, I remain Yours respectfully, (d*».-r//A^y^^Z * - Rev. Francis P. Gorman Pastor I �511 ST. TERESA OF AVI1A 130 BEEKMAN AVE SLEEPY HOLLOW, N.Y. 10591 914-631-0720 Fax 914-366-6459 E-Mail: StTeresal30@aol.com Chief Jimmy Warren Sleepy Hollow, NY ^juzM^p Dear Jimmy, J^ ts a procession before and after the 7:00 PM Mass on AnEc Saturd activity, I did not think of arranging it. Since They want a street procession from 152 Depeyster to the Church at 6:40 PM. After Mass, at 8:00 Pni to Lawrence, to Broadway, and to the Order of Eagles. Thank you f K. _ //c C~~* ~y r\ \ - f/lU/rf&^ 7 ,• Francis P. Gorman Pastor i .lu^s^^^taiiittfttes^^ �51 Meeting Date: January 11, 2005 Resolution #01/05/05 RESOLUTION ACCEPTING LIGHTHOUSE LANDING AT SLEEPY HOLLOW DRAFT ENVIRONMENTAL IMPACT STATEMENT AS COMPLETE WHEREAS, on February 11, 2003 a formal application for a Riverfront Development Concept Plan and Special Permit (the Proposed Action) was submitted by Roseland/Sleepy Hollow, LLC and General Motors Corporation (jointly the Applicant) to the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board); and WHEREAS, the application proposed a mixed-use waterfront project consisting of 1,562 residential units, 185,000 square feet of retail space, 95,000 square feet of office space, a 150-room inn, a proposed train station and associated parking, and open space on the 96 acre site of the former General Motors North Tarrytown Automotive Assembly Plant (the site) located entirely within the Village of Sleepy Hollow, New York; and WHEREAS, on February 25, 2003, the Village Board did declare its intent to be the Lead Agency for the Proposed Action, as required by the State Environmental Quality Review (SEQR) laws of the State of New York, and did cause to be circulated a Notice of Intent to Act as Lead Agency to a comprehensive list of interested and involved agencies and other members of the public concerned about this matter; and WHEREAS, on April 7, 2003, the Village Board of the Village of Sleepy Hollow did declare itself to be the Lead Agency as mandated by SEQR for the coordinated review of the Proposed Action described herein; and, WHEREAS, the Village Board did issue a Positive Declaration pursuant to Section 617.7 of the SEQRA regulations, requiring the preparation of a Draft Environmental Impact Statement (DBS); and WHEREAS, the Village received a draft scoping document from the Applicant and circulated the draft scoping document to all known interested and involved agencies and other members of the public concerned about this matter; and WHEREAS, the Village Board held a public DEIS scoping session on May 5,2003 at which time all members of the public were invited to attend and present their views as to the contents of the DEIS to be prepared by the Applicant; and WHEREAS, the Village Board continued the public scoping session until May 20, 2003, at which time the Village Board closed the public scoping session but retained a comment period for written comments until June 6, 2003; and Page 1 of 5 �513 WHEREAS, the Village Board received 27 pieces of correspondence along with the public scoping transcripts to be considered as part of the scoping outline comment process and; WHEREAS, on May 27, 2003, the Village Board at a duly noticed work session, did review and discuss in detail comments to the proposed scoping outline; and WHEREAS, on or about July 25, 2003, the Applicant circulated to the Village, its staff and consultants a revised draft scoping outline; and WHEREAS, the Village staff and consultants reviewed the revised scoping outline and made further revisions and submitted them to the Lead Agency for their review; and WHEREAS, on August 12,2003, the Village Board did discuss the revisions to the proposed scoping outline, and accepted the scoping outline and directed the Applicant to circulate a copy of the scoping document to the interested and involved agencies and other members of the public concerned about this matter; and WHEREAS, on April 14, 2004, the Applicant submitted a preliminary Draft Environmental Impact Statement to the Village; and WHEREAS, this preliminary DEIS was reviewed by the Village Board and its consultants for completeness with respect to the items identified in the adopted scoping outline; and WHEREAS, the Village consultants provided written reports regarding the completeness of the DEIS; and WHEREAS, the Applicant revised the preliminary DEIS to address the items identified in the completeness reports and on November 19,2004 submitted a redlined revised preliminary Draft Environmental Impact Statement to the Village; and WHEREAS, on December 21, 2004, the Village Board held a special work session devoted to discussing the completeness aspect of the preliminary DEIS document; and WHEREAS, during its deliberations on completeness the Village Board did consider review memoranda from Saccardi & Schiff, Inc. (June 24, 2004 and December 20, 2004), STV Incorporated (May 7, 2004, July 23, 2004, December 20, 2004 and December 21, 2004), RealEstate Solutions Group (July 23, 2004 arid December 20/ 2004) and Dolph Rotfeld Engineering, P.C. (June 28, 2004 and December 20, 2004); and WHEREAS, on January 7 and 11, 2005, the Applicant submitted additional proposed revisions to the DEIS, which have been reviewed by the Village Board, Village staff and consultants, responding to the completeness comments, and NOW THEREFORE BE IT RESOLVED, that with the incorporation of the proposed revisions Page 2 of 5 �I to the preliminary DEIS, the Village Board does hereby declare that the DEIS is complete with respect to its scope/content and adequacy as prescribed by SEQR; and be it further RESOLVED, that the Village Board does hereby schedule a public hearing oh the proposed action to be held on February 8, 2005, at 8:00 PM at the Village Hall with subsequent hearings to be held on February 15, 2005 at 8:00 PM at Sleepy Hollow High School, and Saturday February 19, 2005 at 10:00 AM at Village Hall; and be it further RESOLVED, that the Village Board does hereby direct the Applicant to circulate the DEIS document and Notice of Completion to the list of involved and interested agencies; and be it further RESOLVED, that a copy of the DEIS shall be made available in the Village Clerk=s office and the public library and that correspondence relative to this matter should be directed to Dwight Douglas, Village Administrator, 28 Beekman Avenue, Sleepy Hollow, New York, 10591; and be it further RESOLVED, that the Lead Agency does hereby establish a public comment period lasting at least 10 days after the close of the public hearing, during which period written material will be accepted by the Lead Agency. Moved: Trustee Murray Seconded: Trustee DiFelice I Page 3 of 5 Vote: Unanimous �515 Circulation List: Hon. Philip Zegarelli, Mayor Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Erin M. Crotty, Commissioner NYSDEC 625 Broadway Albany, NY 1*2233-0001 Rob Doscher, District Manager Westchester County Soil and Water Conservation District Michaelian Office Building 148 Martine Avenue White Plains, NY 10601 Mr. Nicholas Robinson, Planning Board Chairman Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Sleepy Hollow Police Department Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Westchester County Environmental Management Council 432 Michaelian Office Building 148 Martine Avenue White Plains, NY 10601 Mr. Richard Weiss, Chairman Sleepy Hollow Waterfront Advisory Committee Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Fire Chief Sleepy Hollow Fire Department Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Ms. Ruth L. Pierpont, Director NY State Office of Parks, Recreation & Historic Preservation Taconic Region Empire State Plaza Albany, NY 12238 Mr. Donald Stever, Chairman Board of Architectural Review Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Hon. Robert Meehan, Supervisor Town of Mt. Pleasant 1 Town Hall Plaza Valhalla, NY 10595 Mr. Randy Daniels Secretary of State New York State Department of State 41 State Street Albany, NY 12231-0001 Mr. Robert Carpenter Sleepy Hollow Tree Commission Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Dr. Joshua Lipsman, Commissioner Westchester County Department of Health 145 Huguenot Street - 8th floor New Rochelle, NY 10801 Michael G. Vissichelli, Acting Chief, Eastern Permits Section US Army Corps of Engineers Operations Div. Reg. Branch Eastern Permit Section - 19* floor 26 Federal Plaza New York, NY 10278 Joe DeFeo, Superintendent Department of Public Works 38 River Street Sleepy Hollow, NY 10591 Westchester County Planning Board 432 County Office Building 148 Martine Avenue White Plains, NY 10601 Alix Schnee, Manager Rockefeller State Park Preserve 25 Sleepy Hollow Road Sleepy Hollow, NY 10591 Angela Everett, Village Clerk Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Ms. Carmella Mantello Hudson River Valley Greenway Capital Station 254 Albany, NY 1224 Wendy Johnston, Metro North Railroad 347 Madison Avenue -11* floor New York, NY 10017 Howard Smith, Superintendent Union Free School District of the Tanytowns 200 North Broadway Sleepy Hollow, NY 10591 Marc Moran NYSDEC, Region 3 NYS Department of Environmental Conservation 21 South Putt Comers Road NewPa!tz,NY 12561-1696 Mr. Ned Sullivan Scenic Hudson 9 Vassar Street Poughkeepsie, NY 12601 Page 4 of 5 �5 Mr. Richard Gross Sleepy Hollow Dept. of Water Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Mark Weingarten, Esq. DelBello Donnellan Tartaglia Weingarten & Wise One North Lexington Avenue White Plains, NY 10601 Mr. Alex Matthiessen Hudson Riverkeeper 25 Wing and Wing (P.O. Box 130) Garrison, NY 10524-0130 Environmental Notice Bulletin (Notice Only) Room 538 625 Broadway Albany, NY 12233-1750 Robert Dennison, Regional Director NYS Department of Transportation 4 Burnett Boulevard Poughkeepsie, NY 12603 Andrew Tung Divney Tung Schwalbe, LLP One North Broadway White Plains, NY 10601 Joel Sachs, Esq. Special Counsel Keane and Beane, P.C. One North Broadway White Plains, NY 10601 Jonathan D. Stein Roseland/Sleepy Hollow, LLC 233 Canoe Brook Road Short Hills, NJ 07078 Joseph Stout, Commissioner Westchester County Department of Parks, Recreation and Conservation 25 Moore Avenue ( P.O. Box 130) Mt. Kisco, NY 10549 Town of Mt. Pleasant, IDA David Dempsey, Esq. 1 Town Hall Plaza Mt. Pleasant, NY 10595 Mark Chertok, Esq. Sive Paget Riesel, P.C. 460 Park Avenue New York, NY 10022 Hon. Paul Janos, Mayor and Village Clerk Village of Tarrytown, Village Hall 21 Wildey Street Tarrytown, NY 10591 Sean McCarthy, Village Architect Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Governor George Pataki Executive Chamber State Capital Albany, NY 12224 Andrew Spano, County Executive Westchester County 432 Michaelian Office Building 148 Martine Avenue White Plains, NY 10601 Mr. Waddell Stillman Historic Hudson Valley 150 White Plains Road Tarrytovvn, NY 10591 Bruce Lozito Ginsburg Development, LLC 245 Saw Mill River Road Hawthorne, NY 10532 Hon. Richard Brodsky 5 West Main Street Elmsford, NY 10523 David Spencer General Motors Corporation Mail Code 482-B38-C96 200 GM Renaissance Center Detroit, MI 48265 Fred Bland, FAIA Beyer Blinder Belle 41 East 11* Street New York, NY 10003 Hon. Lois Bronz 432 Michaelian Office Building 148 Martine Avenue Whit Plains, NY 10601 Karl Coplan, Co-director Hon. Nick Spano 1 Executive Blvd. Yonkers,NY 10701 Hon. Nita Lowey Angus Robertson, EDAW, Inc. 104 West 27th St, NY 10001 Arthur Weintraub, President Northern Metropolitan Hospital Association 400 Stony Brook Court NewburgkNY 12550-5162 Pace Environmental Litigation Clinic 78 North Broadway 222 Mamaroneck Avenue, Suite 310 White Plains, NY 10605 White Plains, NY 10603 David B. Smith, AICP Saccardi & SchifF, Inc. 445 Hamilton Avenue, Suite 404 White Plains, NY 10601 Page 5 of 5 �517 Meeting Date: Resolution #: 01/11/05 01/06/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of the 2005 Stop/DWI Patrol Project Inter-Municipal Agreement RESOLVED, that the Village Board of the Village of Sleepy Hollow hereby authorizes the Mayor of the Village of Sleepy to execute an inter-municipal agreement with the Westchester County Department of Public Safety located at Saw Mill River Parkway, Hawthorne, New York 10532 for the calendar year 2005 Stop/DWI Patrol Project in consideration of an amount not to exceed Eighty-four Hundred Dollars ($8,400). Moved: Trustee DiFelice Seconded: Trustee Spota Vote: Unanimous �518 Meeting Date: 01/11/05 Resolution #: 01/07/05 SLEEPY HOLLOW POLICE DEPARTMENT Memo To: D. Douglas From: Chief Warren CC: Board of Trustees Date: 1/7/2005 Re: Taxi Permits Chapters 52 & 79 of the Village Code governs taxicabs and fees. Chapter 52, Section 20, A - states: The Police Committee may at any time and shall, before the first day of November in each year, report to the Board of Trustees the number of taxicab which in its opinion should be granted licenses for the next ensuing year. . . . B - states: After adoption of said resolution, the licensing officials shall be guided thereby in the issuances of any licenses. . . . Pursuant to Chapter 52 of the Village Code, the Police Committee met in November of 2004 and has determined that number of taxicab licenses which in its opinion should be granted for the calendar year of 2005 is 40. Therefore: Be it resolved that: the Village Board of Trustees, based on an assessment made by the Police Committee, hereby establishes the number of taxicab licenses for the calendar year of 2005 at forty (40) . Moved: Trustee Spota JW 1 Seconded: Trustee Capossela Vote: Unanimous �51$ Meeting Date: Resolution #: 01/11/05 01/08/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratify Mayor's Appointments to Zoning Board of Appeals H H Be It Resolved that the Board of Trustees herein ratifies the Mayor's appointments to the Zoning Board of Appeals as follows: Wesley Trunko to replace unexpired term of Thomas Capossela to April, 2005 Gordon E. Swartz to replace unexpired term of Sean McCarthy to April, 2005 Said appointments of Mr. Trunko and Mr. Swartz to be continued beyond the unexpired term to 2008. Moved by: Trustee Grala Seconded: Trustee Zieja Vote: Unanimous I I -- v : ^ > I ' i . i 5 - i & u M i j ^ . . K j ! . i : S ^ �52Q Meeting Date: Resolution #: 01/11/05 01/09/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Appointing Acting Building Inspector WHEREAS, the Building Inspector of the Village of Sleepy Hollow may periodically be absent from Village Hall for extended periods of time due to vacation, sick leave, training or for other good and qualified reasons, and WHEREAS, it is important that the functions of the building department continue unabated for said periods of absence. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby appoint Sean McCarthy, Village Architect, to serve as acting Building Inspector for those periods of absence of the Building Inspector which exceed three business days. Moved: Trustee Zieia Seconded: Trustee Murray Vote: Unanimous �521 Meeting Date: Resolution #: 01/11/05 01/10/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Rock of Salvation Tsunami Fund Drive WHEREAS, the Reverend Christian Santiago of the Rock of Salvation Church requested permission to commence a fund drive at the corners of inner village streets to benefit the victims of the Tsunami; and I BE rr RESOLVED, that the Board of Trustees herein ratifies the Mayor's actions in approving the Rock of Salvation Church request for a fund drive for the victims of the Tsunami for the following days of the week until the end of January: Fridays: Saturdays: Sundays: Moved by: Trustee Murray 18:00 to 21:00 hours 16:00 to 20:00 hours 15:00 to 18:00 hours Seconded by: Trustee DiFelice Vote: Unanimous I I ' * -s 9.Vfe>!3v*t£Hfti �»J (. <-„ I _.: rj>~—, ^(isn, I Rock of Salvation Church 131 Cortlandt Street Sleepy Hollow, New York 10591 (914)631-2004 Fax:(914)631-2443 'l&t&tt TO: Philip Zegareli Mayor of Sleepy Hollow FROM: Rev. Christian Santiago Pastor DATE: January 7, 2005 RE: Tsunami Aid In response to this great unexpected tragedy in Asia, Sri Lanka, South India, Indonesia, Malaysia, Thailand and other areas, we at the Rock of Salvation Church feel the urgency to extend our hands to provide aid in this emergency situation. We are joining efforts with World Vision of Assemblies of God and Convoy of Hope of the Assemblies of God to send all monies received for this relief effort directly to the victims of this tragedy. Our efforts include embarking reputable members in good standing of our church who have volunteered to collect funds in the community. Our plan is to station small groups at the corners of Sleepy Hollow (Wildey and Cortlandt, Clinton and Cortlandt, Cortlandt and Beekman, etc.). I However, the purpose of this memo is to inquire if we need permission from a particular town board to commence funds collection within the village. Please advise, as soon as possible, how we may obtain the necessary permission to actively approach the local community to raise as much funds as possible for this cause. Our fund drive would start as early as Saturday, January 8th. Feel free to personally call me on my cell phone (914) 469-7987 or call the church office at (914)631-2004. If email is easier for you, please feel free to respond via email. Thank you, in advance, for all your assistance. �523 Meeting Date: Resolution No.: 01/11/05 01/11/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratify Mayor's Action Adjusting Property Garbage Assessments WHEREAS, on January 11, 20057 Village Board Resolution No. 01/ /05 was adopted by the Village of Sleepy Hollow which authorized the Village Mayor to review individual property garbage assessments and to adjust if necessary to remain equitable to all property owners; THEREFORE, the action of the Mayor of the Village of Sleepy Hollow is deemed consistent with the intention of Resolution No. 01/03/05 and is ratified so that the property garbage assessments as shown on the attached are approved. Moved: Trustee Grala Seconded: Trustee Zieja Vote: Unanimous I I �524 I Property Owner Antonio Rodrigues Antonio Rodrigues Antonio Rodrigues A & L Properties, Inc. Demitrios Kringas Peter Castro Rocco Minella Cristina Rodrigues Laurentino Rodrigues Donna Rutigliano Prior Garbaqe Assessment $ 780.00 $ 780.00 $ 780.00 $ 780.00 $ 780.00 $1,560.00 $ 780.00 $ 780.00 $ 780.00 $1,560.00 Adjusted Garbaqe Fee $338.00 $338.00 $338.00 $507.00 $375.00 $546.00 $260.00 $390.00 $390.00 $546.00 � 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-2005 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_2005-01-11 Subject The topic of the resource Board of Trustees Minutes-2005 Date A point or period of time associated with an event in the lifecycle of the resource 2005 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