2 25 31 https://sleepyhollow.localarchives.org/files/original/4acae71d702747a0891b13bd9d34e8ea.pdf 0ac64aa50e23dd1b64743260fa7c43aa PDF Text Text Sipg A Special meeting of the Board of Trustees was held on March 22, 2006 at 5:30 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York for the purpose of certifying the results of the village election held on March 2 1 , 2006. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota S a n d r a Morales Kay Brown Grala Trustees Absent: Trustee Andrew M u r r a y Trustee Thomas Capossela Robert Ponzini, Village Attorney Also Present: Dwight Douglas, Village Administrator Diane Jacobson, Village Treasurer Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. The Mayor commented that this meeting is to certify the results of the election which was held on March 21 s t . Mayor Zegarelli read the attached Statement and Canvas of Returns. Trustee DiFelice moved to accept the canvas of returns, seconded by Trustee Spota and motion carried. On roll call vote, Trustee DiFelice, Trustee Spota, Trustee Grala, Trustee Morales and Mayor Zegarelli voted YES. Trustee Spota moved to close the meeting, seconded by Trustee Grala, motion carried. Respectfully submitted, (y*~T~~'<laJL-a~ Ang<[ela Everett Village Clerk CS~JJ--K-SLJP*—' �s&H STATEMENT AND CANVASS OF RETURN MADE BY THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW FOR THE VILLAGE ELECTION HELD IN SAID VILLAGE FOR THE YEAR 2006 Wc, the undersigned members of the Board of Trustees of the Village of Sleepy Hollow, New York, DO HEREBY CERTIFY the results of the Annual Village Election in and for said Village on the 21st day of March, 2006 to be as follows: That the total number of ballots voted was: 1419 That the total number of votes cast for Village Trustee was Mario DiFclice Sandra Morales Andrew Murray Linda Rcy Frank Occhipinti Charles DcPaolo received received received received received received 4207 833 764 823 691 519 577 Wc hereby declare the following elected: For Trustee—Two Year Term Mario DiFclice Sandra Morales Andrew Murray TRUSTEES of which: �ST 6 That the whole number of ballots voted for the Offiee of Trustee in the FIRST ELECTION DISTRICT of the Village of Sleepy Hollow was 82 .total number of votes east was 236 of which: MARIO DIFELICE SANDRA MORALES ANDREW MURRAY RECEIVED RECEIVED RECEIVED _29 27_ 22 LINDA REY FRANK OCCH1ITNTI CHARLES DEPAOLO RECEIVED RECEIVED RECEIVED 56 51 51 That the whole number of ballots voted for the Office of Trustee in the SECOND ELECTION DISTRICT of the Village of Sleepy Hollow was _ 1 3 8 _ , total number of votes east was 323 of which: MARIO DIFELICE SANDRA MORALES ANDREW MURRAY RECEIVED RECEIVED RECEIVED 54 56 43 LINDA REY FRANK OCCHIPINTI CHARLES DEPAOLO RECEIVED RECEIVED RECEIVED 63 55 52 That the whole number of ballots voted for the Office of Trustee ELECTION DISTRICT of the Village of Sleepy Hollow was 57 of votes cast was 153 of which: MARIO DIFELICE SANDRA MORALES ANDREW MURRAY LINDA REY FRANK OCCHIPINTI CHARLES DEPAOLO RECEIVED RECEIVED^ RECEIVED RECEIVED RECEIVED RECEIVED in the THIRD total number 21 16 15 28 That the whole number of ballots voted for the Office of Trustee in the FOURTH ELECTION DISTRICT of the Village of Sleepy Hollow was 60 , total number of votes cast was 176 of which: MARIO DIFELICE FRANK OCCHIPINTI CHARLES DEPAOLO RECEIVED 28 RECEIVED 22 RECEIVED 29 LINDA REY FRANK OCCHIPINTI CHARLES DEPAOLO RECEIVED_35_ RECEIVED__21 RECEIVED 35 That the whole number of ballots voted for the Office of Trustee in the FIFTH ELECTION DISTRICT of the Village of Sleepy Hollow was _ 98 , total number of votes cast was 290 of which: MARIO DIFELICE SANDRA MORALES ANDREW MURRAY LINDA REY FRANK OCCHIPINTI . CHARLES DEPAOLO RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED 48 38 39 56 54 55 �That the whole number of ballots voted for the Office of Trustee in the SIXTH ELECTION DISTRICT of the Village of Sleepy Hollow was 234 _ , total number of votes east was 706 of which: MARIO DIFELICE SANDRA MORALES ANDREW MURRAY LINDA REY FRANK OCC1IIITNTI CHARLES DEPAOLO I RECEIVED, RECEIVED RECEIVED 172 172 189 RECEIVED RECEIVED RECEIVED 72 41 56 That the whole number of ballots voted for the Office of Trustee in the SEVENTH ELECTION DISTRICT of the Village of Sleepy Hollow was 217 total number of votes cast was 691 of which: MARIO DIFELICE SANDRA MORALES ANDREW MURRAY LINDA REY FRANK OCCHIPINTI CHARLES DEPAOLO 26 RECEIVED_ RECEIVED RECEIVED" 112 119 RECEIVED _ RECEIVED RECEIVED" 130 104 100 That the whole number of ballots voted for the Office of Trustee in the EIGHTH ELECTION DISTRICT of the Village of Sleepy Hollow was 166 , total number of votes cast was 508 of which: I MARIO DIFELICE SANDRA MORALES ANDREW MURRAY RECEIVED RECEIVED RECEIVED LINDA REY FRANK OCCHIPINTI CHARLES DEPAOLO RECEIVED RECEIVED RECEIVED 98 89 106 82 62 71 That the whole number of ballots voted for the Office of Trustee in the NINTH ELECTION DISTRICT of the Village of Sleepy Hollow was 64 , total number of votes cast was 199 of which: MARIO DIFELICE SANDRA MORALES ANDREW MURRAY LINDA REY FRANK OCCHIPINTI CHARLES DEPAOLO RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED 29 23 23 44 36 44 That the whole number of ballots voted for the Office of Trustee in the TENTH ELECTION DISTRICT in the Village of Sleepy Hollow was 131 total number of votes cast was 394 of which: MARIO DIFELICE SANDRA MORALES ANDREW MURRAY RECEIVED _ RECEIVED RECEIVED 92 LINDA REY FRANK OCCHIPINTI CHARLES DEPAOLO RECEIVED RECEIVED, RECEIVED" 60 27 96 Srl �s n &• That llic whole number of ballots voted for the Office of Trustee in the ELEVENTH ELECTION DISTRICT in the Village of Sleepy Hollow was \72__, total number of voles cast was 531 of which: I I 1 MARIO DIFEL1CE SANDRA MORALES ANDREW MURRAY RECEIVED RECEIVED RECEIVED .136. 128 142 LINDA REY FRANK OCCH1P1NTI CHARLES DEPAOLO RECEIVED RECEIVED RECEIVED 56 30 39. �TRUSTEES FIRST ELECTION DISTRICT SECOND ELECTION DISTRICT THIRD ELECTION DISTRICT FOURTH ELECTION DISTRICT FIFTH ELECTION DISTRICT SIXTH ELECTION DISTRICT SEVENTH ELECTION DISTRICT EIGHTH ELECTION DISTRICT NINTH ELECTION DISTRICT TENTH ELECTION DISTRICT ELEVENTH ELECTION DISTRICT TOTAL WRITE IN VOTES FIRST ELECTION DISTRICT SECOND ELECTION DISTRICT THIRD ELECTION DISTRICT FOURTH ELECTION DISTRICT FIFTH ELECTION DISTRICT SIXTH ELECTION DISTRICT SEVENTH ELECTION DISTRICT EIGHTH ELECTION DISTRICT NI NTH ELECTION DISTRICT TENTH ELECTION DISTRICT ELEVENTH ELECTION DISTRICT � 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-2006 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_2006-03-22 Subject The topic of the resource Board of Trustees Minutes-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 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 https://sleepyhollow.localarchives.org/files/original/9dba1e08a300132fae62b0ab89a227a2.pdf 11f5240c68b7d4965b92875c3f79ea62 PDF Text Text s(b^ Minutes of the Board of Trustees Village off Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, March 14th, 2006 at 5:30 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: I Mayor Philip E. Zegarelli Deputy Mayor Mario DiFelice Andrew Murray Sandra Morales Thomas Capossela Kay Brown Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Diane Jacobsen, Village Treasurer Robert Ponzini, Village Attorney Terry O'Neill, special Labor Counsel Dolph Rotfeld, village engineer Sean McCarthy, Village Architect At 5:40 p.m. on a motion of Trustee DiFelice, seconded by Trustee Capossela, the Board entered into executive session for the purpose of reviewing labor contract negotiations and litigation. No action was taken during the executive session. At 6:38 p.m. on a motion of Trustee Capossela, seconded by Trustee Grala the board came out of executive session into its work session. I At 7:40 p.m. the board entered into special session. On a motion of Trustee DiFelice, seconded by Trustee Spota and subject to the review and signoffof the subject Trustee subcommittee chairpersons and the further review and approval of the Mayor and acting Village Treasurer the warrant of March 10th, 2006 and any vouchers as consolidated in said warrant were unanimously approved. The attached resolutions were acted on as noted therein. At 7:55 p.m. on a motion of Trustee DiFelice, seconded by Trustee Murray the special meeting was adjourned. Respect fully submit ,x Dwight ti>. Douglas, Village Administrator I �Meeting Date: Resolution No.: 03/14/06 03/36/06 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Setting a Public Hearing on the Special Permit Application Valley Street Senior Housing Development WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow have held a series of informal meetings with the Westchester Management Group and the Mountco Corp. regarding the development of sixty-five (65) units of senior affordable housing on the municipally-owned Valley Street lot; and WHEREAS, by prior actions, the Mayor and Board of Trustees adopted a senior housing zone section intended to permit said development and authorized the conveyance of the Villageowned property to Westchester Management Group for the said senior housing development; and WHEREAS, a special permit application has been received for the development of said senior housing and a public hearing must precede any action regarding said application. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees herein establishes a public hearing for March 28th, 2006 at 8:00 p.m. for the special permit application for the Valley Street senior housing project. Moved: Trustee Spota Seconded: Trustee Capossela Vote: Unanimous �S£o(_p Meeting Date: Resolution No.: 03/14/06 03/37/06 Resolution of the Board of Trustees Ratifying Teamsters Contract WHEREAS, the Village of Sleepy Hollow ("the Village") and Local 456, International Brotherhood of Teamsters, Chauffeurs, Warehouseman and Helpers of America ("the Union") are parties to a collective bargaining agreement that expired on May 31, 2005; and WHEREAS, the negotiating committees for the Village and the Union have agreed upon the terms of a Memorandum of Agreement, dated March 1, 2006, which sets forth the terms of a successor agreement for the period from June 1, 2005 through May 31, 2010; and WHEREAS, that Agreement provides that it is subject to ratification by the Village Board of Trustees; and WHEREAS, that Agreement has been ratified by the Village membership of the subject Union; and WHEREAS, the members of the negotiating committee for the Village have recommended unanimously that the Memorandum of Agreement be ratified by the Board of Trustees; NOW, THEREFORE, BE IT RESOLVED that the Agreement between the Village and the Union dated March 1, 2006, is hereby ratified; and be it further RESOLVED that the Village Treasurer and all other appropriate Village officials are hereby authorized and directed to implement the provisions of the Memorandum of Agreement; and be it further RESOLVED that the Mayor is authorized to execute a contract for the period from June 1, 2005 through May 31, 2010 that is consistent with the terms of the Memorandum of Agreement. Moved: Trustee Capossela Seconded: Trustee Grala Vote: Unanimous 52637.1 3/8/2006 �*3fc"7 Meeting Date: Resolution No.: 03/14/06 03/38/06 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow I n Support of the NY Main Street Application WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow have identified a grant program which can assist the Village's downtown business district by providing matching grants for fagade and streetscape improvements; and WHEREAS, the applicant for said grant is the Village of Sleepy Hollow Downtown Revitalization Corp., a 501(c)(3) corporation recently established to assist the downtown business community; and WHEREAS, the Mayor and Board of Trustees would like to indicate their strong support for this grant application which includes a request for $25,000 for streetscape improvements and up to $175,000 for matching facade grants; and WHEREAS, implementation of said program will be assisted by the Community Preservation Corp. which has indicated its intent to provide three percent (3%) loans toward the matching half of the fagade improvement program. NOW, THEREFORE, BE I T RESOLVED that the Mayor and Board of Trustees convey their strong support for the subject NY Main Street program. Moved: Trustee Grata Seconded: Trustee Morales Vote: Unanimous � 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-2006 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_2006-03-14 Subject The topic of the resource Board of Trustees Minutes-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 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 https://sleepyhollow.localarchives.org/files/original/13c612e07b18abbfafef7394e490bb63.pdf bdf9fc65ead38f92f8fbbf372ed7263e PDF Text Text S-C/y A regular meeting of the Board of Trustees was held on Tuesday, February 28, 2006 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York at 7:45 pm. Present: Mayor Philip Zegarelli I Mario DiFelice Richard Spota Thomas Caposssela Andrew M u r r a y Sandra Morales Kay Brown Grala Trustees Also Present: Dwight Douglas, Village Administrator Robert Ponzini, Village Attorney M a y o r Zegarelli called the meeting to order with a prayer and a pledge to the flag. H e asked that everyone remain standing for a moment of silence for M a r y Kiselak and Vincent Shroba who recently passed away. T h e M a y o r commented that we will adjust the meeting slightly tonight by starting a bit earlier; Trustee DiFelice moved, seconded by Trustee M u r r a y to adjust the meeting, motion carried. M a y o r Zegarelli reported that work sessions will be held on the first and third Tuesday and the regular b o a r d meeting will be held on the fourth Tuesday of each month. I Approval of Minutes Trustee DiFelice moved, seconded by Trustee Spota to approve the minutes of J a n u a r y 3 1 , 2006, motion carried unanimously. Trustee Spota moved, seconded by Trustee Capossela to approve the minutes of February 21, 2006, motion carried unanimously. Approval of W a r r a n t Trustee Capossela moved, seconded by Trustee Grala to approve the w a r r a n t of February 28, 2006 subject to review by department heads, Mayor and Treasurer and signature of the Mayor and Village Treasurer, motion carried unanimously after a few questions on certain invoices from Trustee Capossela and Trustee DiFelice. Total of General fund is $18,673.36, total of Sanitation and Sewer fund is $10,851.59, total of Water fund is $1,041.10 and Capital fund total is $38,895.20. I �Public Comments F r a n k Occhipinti of 194 Webber Avenue, Sleepy Hollow commented regarding a dumpster on Clinton Street and is the Building Inspector aware that there is a dumpster there. The Mayor commented we will check with M r . McCarthy. Mr. Occhipinti confronted Ms. Morales telling her that he heard through a family member that she bought a house outside of Sleepy Hollow and wanted to know if that was true. Ms. Morales responded that she has not purchased a house anywhere but it is her dream to buy a house someday in Sleepy Hollow. Mr. Occhipinti passed out a copy of a letter to the Mayor and members of the board. This letter had been written by the Mayor a few years ago for M r . Occhipinti recommending him for a position of Building Inspector in another village. Resolutions-Attached Trustee Reports Mario read the attached Public Works Report. Trustee Spota reported that the Public Safety Committee met on February 27, 2006 and the next meeting will be on March 27 th . It was noted that two new members have been appointed to the Ambulance Corp. Trustee Spota commented that Captain Rey and Captain Lee reported at the meeting that we have seven new members in the Auxiliary Police. Trustee Spota commented that he and Trustee DiFelice met with members of the Police Committee that Chief Ojito and Assistant Chief Hennessey regarding the camera situation at Rescue Hose and Union Hose. They will be meeting with Nelson Soto for a proposal to correct these problems. Trustee Spota commended Joe DeFeo and his crew on the great snow removal job during the last snow storm. The Mayor read a letter from Senator Nick Spano regarding a new law which would have lifetime regulations for sex offenders. Trustee Capossela read the attached Administrative report. He commented that we have Fiona Hodgson working on getting grants for the village and we have Richard Stein working in the Building Department for a few months helping to update the building code. �-3V& Trustee Grala reported that the Recreation Committee met on February 13, 2006. She and Trustees Morales and Capossela felt it was a very good meeting. They discussed the Ferry-Go-Round and discussion of the use of Kingsland Point field for Ayso soccer and flag football. Trustee Grala reported on several upcoming recreation events. The Library board will be meeting to discuss the HVAC project and other projects. I Trustee Morales commented that the Recreation meeting was very informative and she learned a lot. It is a very positive step for our community. Trustee Murray reported that he and Dwight Douglas met with Sandra Galef and DOT regarding the upcoming work on route 9. Trustee Murray commented that Sleepy Hollow Downtown Revitalization Corp. has been formed to help revitalize the downtown area. Administrator's Report Dwight Douglas reported that the Village of Briarcliff will be paying 50% of the cost of the meter pit tie-in upgrade. He commented that we have reached an agreement between Briarcliff, Tarrytown, and Sleepy Hollow that authorizes that they pay $5000. towards a study done by our engineer Rothfeld Engineers to access the Delaware river. Phase I of the Senior Center brochure is ready to go. Mayor's Report Mayor Zegarelli commented that the St. Patrick's Day parade will be held on Sunday, March 12th at 1:30pm. I The Mayor read a letter from Donald Stever resigning from the Architectural Review Board. Trustee Spota moved, seconded by Trustee Capossela to accept his resignation with regrets, motion carried. Mayor Zegarelli asked that the board approve the memo from Joe DeFeo regarding repairs to the damage to the driveway at 63 Sleepy Hollow Road due to collapsed village culvert. The board agreed to paying for the repairs to the driveway. Old Business Trustee DiFelice commented on whether all of our boards have been filled. The Mayor commented that we have a few vacancies which need to be filled at the Organization meeting. 1 �New Business Trustee Capossela commented on the confusion during the last snowstorm regarding the snow emergency that was issued but people who did not move their cars were not given summonses. Mayor Zegareili commented that the snow emergency ordinance needs to be reviewed and some changes made. The ordinance was adopted many ye^rs ago. Public Comments Sunny McLean read a letter regarding the upgrade of cable television and joining with other communities. Communications, Petitions & Requests Mayor Zegareili read turn off notices from Con Edison for the following properties: 85 Cortlandt Street, 146 & 148 Cortlandt Street, 190 Cortlandt Street, 196 Cortlandt Street, 150 Cortlandt Street, 76 Beekman Avenue, 172 Beekman Avenue and 176 Beekman Avenue. Village Clerk read correspondence from Cancun Restaurant, 180 Valley Street and Alymissie, Inc,, 31 Beekman Avenue informing the village that they have applied to the Liquor Authority for an on-premise liquor license. (Copies given to Police Chief) Village Clerk read letter addressed to Joe DeFeo from E r i n Kelly of 3 Francis Street commending Joe for the great crew he has working in the Highway Department commenting that they are always very helpful and caring. (Copy in personnel file) There being no further business, Trustee DiFelice moved, seconded by Trustee M u r r a y to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett Village Clerk �59# Public Works Report February 28, 2006 Public Works crew has been doing a lot of tree work since the heavy wind and rain storm we experienced. I This was followed by a heavy snow storm a couple of weeks ago, approximately 20 inches of snow. Full snow removal operation following the snow storm was not required due to the rising temperatures saving the village quite a bit of money. The Department of Public Works is capable of handling 3 feet or more of snow with the equipment we have thanks to Mayor and Board of Trustees. The Water Department has completed water meter reading for this quarter. The Water Department is forming maintenance on the operating in the distribution system. If residents see blue marks in the street, they are for marking the valves that have been checked. If residents notice a street lite out at night, please notify the Police Department so that they will make note of it and get back to us. I I �Administrative Report February 28, 2006 Upgrades for the Water pump station Shaft 10 have been completed. Stone work for the pavilion at Kingsland Point is still in the process of being completed. New metal entrance doors were installed in the Department of Public Works garage. �5'SO Meeting Date: Resolution #: 02/28/06 02/2^06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Relating to Part Time Employment I WHEREAS, the Mayor and Board of Trustees have received a comment letter from the Westchester County Department of Civil Service; and WHEREAS, pursuant to said communication, it was noted that certain part time employees are working in excess of the 17.5 maximum hours; and WHEREAS, a review of the current 2005/06 budget expenditure report to date indicates a need for strict budget adherence; and WHEREAS, discussions have been held with the respective department heads utilizing part time employees. NOW, THEREFORE, BE I T RESOLVED that the Board of Trustees herein requires the following actions: I • In the Police Department, effective March 6, 2006, no part time employees may exceed 17.5 hours. • In the Finance Department, effective March 6, 2006, no part time employees may exceed 17.5 hours. • In the court, an interim extension is granted, subject to concurrence of Westchester County Department of Civil Service, to permit part time employee assistant court clerk to exceed 17.5 hours from the present until April 30, 2006. Motion by: Trustee I GraIa Seconded by: Trustee Morales Vote: Unanimous �55 ' Meeting Date: Resolution #: 02/28/06 02/ /06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratify Contract Services of Richard J. Stein WHEREAS, the Mayor and Board of Trustees are desirous of completing the overall General Code review which was commenced in 2003; and WHEREAS, the Board has identified a person, Richard J. Stein of 1005 McKinley Street, Peekskill, New York 10566 with a unique background and experience in code oversight. NOW, THEREFORE, BE I T RESOLVED that the Mayor and Board of Trustees herein requires an employment agreement with Richard J. Stein at an hourly of $35.00 to undertake said code review. Said employment agreement to be reviewed no later than July 1, 2006 to determine progress in completing this important task. Motion by: Trustee Morales Seconded by: Trustee Murray vote: Unanimous �sy-z. Meeting Date: Resolution #: 02/28/06 02/ 706 Resolution of the Board of Trustees of the Village of S l e e r , „v..u«v Extending Seasonal Worker I WHEREAS, in order to permit the Village Treasurer to complete her review of organizational staffing of the Treasurer's office, the Treasurer has recommended that current seasonal worker, Aimee Smith, be extended through the end of March 2006. NOW, THEREFORE, BE I T RESOLVED that the Mayor and Board of Trustees herein grants said extension request. Motion by: Trustee Murray I Seconded by: Trustee DiFelice Vote: Unanimous �Meeting Date: Resolution #: 02/28/06 02/ 2 ^06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Extend Grant Writer Contract WHEREAS, by prior action, the Mayor and Board of trustees authorized a contract with Fiona Hodgson to provide certain grant writing/grant development services to the Village; and WHEREAS, a goodly number of grants have been developed and submitted and are pending for funding; and WHEREAS, the Mayor and Board of Trustees wish to continue this grant writing activity beyond its planned expiration date of March 30, 2006. NOW, THEREFORE, BE I T RESOLVED that the contract terms for the consultant services provided by Fiona Hodgson be herein extended to June 30, 2006. Motion by: Trustee _J2±Eeli ce Seconded by: Trustee Spof.a Vote: Unanimous �55-y Meeting Date: Resolution #: I 02/28/06 02/ /06 30 Resolution of the Board of Trustees of the Village of Sleepy Hollow Confirming Weekly Fee for 2006 Summer Day Camp WHEREAS, by prior action, the Mayor and Board of Trustees authorized execution of the IMA for a joint 2006 Summer Day Camp with the Village of Tarrytown, and WHEREAS, pursuant to a series of meetings and review of exiting budget information from the 2005 Summer Day Camps in the two municipalities, it has been recommended that a fee b set at $100.00 per week for summer day campers. NOW, THEREFORE, BE I T RESOLVED that the Mayor and Board of Trustees herein confirm and authorize the establishment of a $100.00 per week fee for the 2006 Summer Day Camp; and BE IT FURTHER RESOLVED that the Mayor and Board of Trustees herein reconfirm the establishment of a $30,000.00 scholarship fund to be made available for income-eligible campers who qualify for the school lunch program to receive a 50% grant toward their weekly camp costs. I I Motion by: Trustee spm-a Seconded by: T r u s t e e i n g g P i » Vote: iinanimnng �3^5 Meeting Date: Resolution No.: 02/28/06 02£i/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Adopting the Kingsland Point Park and Devries Park Fee Schedule WHEREAS, the Village of Sleepy Hollow manages the operation of the Kingsland Point Park pursuant to an IMA with the County of Westchester and oversees the operation of its own Devries Park; and WHEREAS, the Recreation Supervisor and the Recreation Subcommittee of the Trustees have recommended certain adjustments to the fee schedule for the rental of facilities on a daily basis at both Kingsland Point Park and Devries Park and said fee schedule is attached hereto. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees herein establishes the attached fee schedule for the rental of Kingsland Point Park and Devries Park. Moved: T r u s t e e Capossela Seconded: T r u s t e e Grala Vote: Unanimous �KINGSLAND POINT PARK RECO MEN PATIO NS OF FEES for 2006 Permit required: Pavilion area: $200.00 for 26-100 people $250.00 for 101-200 people $400.00 for 201-300 people Note: $150.00 refundable deposit required Picnic area: 2&3 and Gazebo $150.00 for 26-100 people $200.00 for 101-200 people $375.00 for 201-300 people Note: $150.00 refundable deposit required Gazebo To rent just the field: $100.00 *Lighthouse tours: $3.00 per person *School/group tours: $150.00 per group The groups that have a contract in Kinasland are: Kayaking group-store equipment & kayaks in bathhouse building Sailing group-store equipment & sailboats in bathhouse building Flag Football-use of field AYSO soccer practice on field (no charge) Concerts Wednesdays in July/August Light House open for tours on Wednesdays during the concert. DEVRIES PARK: Permit required Pavilion area Fee: $200.00, maximum of 75 people Note: $150.00 refundable deposit required. Residents: $100.00 �:z> ? ( Meeting Date: Resolution #: 02/28/06 02/ /06 32 Resolution of the Board of Trustees of the Village of Sleepy Hollow Establishing April 28, 2006 as Arbor Day in the Village of Sleepy Hollow NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees, in recognition of the high value placed on the health and vitality of trees within the Village of Sleepy Hollow, herein declares April 28, 2006 to be Arbor Day in the Village. Moved by: Trustee Qrala Seconded by: Trustee Morales Vote: unaniinoiiB �Meeting Date: Resolution #: I 02/28/06 02/33/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Rock of Salvation Church To Use Rev. Sykes Park WHEREAS, the Rock of Salvation Church has requested the use of Rev. Sykes Park on August 18, 2006 to hold its Rock the Block 2006 event. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees hereby approves the use of Rev. Sykes Park on August 18, 2006 for its Rock the Block 2006 event not exceed 8:30 p.m. Moved by: Trustee Morales I Seconded by: Trustee Murray Vote: Unanimous �<>n Meeting Date: 02/28/06 Resolution #: 0 2 / 3 A / 0 6 Pursuant to the Election Law of the State of New York, Section 15-104, Sub.3 (b), (c) and 4, it is: RESOLVED: that the following candidates were nominated on petitions on file with the Village Clerk for the office to be filled at the annual Village Election to be held on Tuesday, March 21, 2006: Name of Candidate Mario DiFelice Residence 35 Gory Brook Rd. Office to be Filled Party or Other Designation Trustee-2 yr. term Republican/Independence/Good Gov't Sandra Morales 100 College Ave. Apt. 40 Trustee-2yr.term Republican/Independence/Good Gov't. Andrew Murray 5 Kelbourne Ave. Trustee-2yr. term Republican/Independence/Good Gov't. Linda Rey 37 Holland Ave. Trustee 2 yr. term Democratic/Stop the Spending Frank Occhipinti 194 Webber Ave. Trustee 2 yr. term Charles DePaolo 95 Beekman Ave. Trustee 2 yr. term Democratic/Stop the Spending Democratic/Stop the Spending BE IT FURTHER RESOLVED, that the Village Clerk shall further publish: 1. The polling place of each election district. 2. The hours during which the polls shall be open shall include at least the hours from noon to nine o'clock in the evening and that a copy of this notice be posted in six (6) conspicuous public places within the Village of Sleepy Hollow, and at each polling place. In Sleepy Hollow, the polls will be open from 7AM to 9PM. Moved: Trustee Murray Seconded: Trustee D i F e l i c e Vote: Unanimous �S(pQ Meeting Date: 02/28/06 Resolution #: 02/35/06 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT FOR THE PURCHASE OF THE RESCUE HOSE FIRE TRUCK. I RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow, pursuant to the awarding of a bid for the purchase of a fire truck for Rescue Hose Fire Company of January 4, 2006, the Mayor is authorized to execute a contract for the purchase of that apparatus from the Pierce Manufacturing Company. Moved: Trustee DiFelice Seconded: Trustee Spota I I Vote: Unanimous �Feb-28-06 03:52pm From-Galnes,Gruner,Ponz]nIANovIck.LLP. + 9 U 288 0850 CONTRACT THIS AGREEMENT, made by and between Pierce Manufacturing, Inc., 2600 American Dr., Appleton, Wl, 54914, first party, and the Village of Sleepy Hollow, 28 Beekman Avenue, Sleepy Hollow, New York, 10591, its authorized representative, second party. WITNESSETH: First. The said party hereby agrees to furnish the apparatus and equipment according to the second parties' specifications and Pierce proposal dated Jan, 4» 2006 hereto attached and made a part of this contract, and to deliver the proposed unit as hereinafter provided. Second. The first party agrees that all material and workmanship in and about said apparatus and equipment shall comply with said specifications. In the event there is any conflict between Customer Specifications and the Pieroe Proposal as accepted, the Pierce Proposal will prevail. The standard Pierce Warranty will apply as submitted with the proposal. Third. This contract for fire apparatus conforms with all Federal Department of Transportation (DOT) rules ?md regulations in effect at the time of contract signing, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of contract signing, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth below upon review and written approval by the second party. Fourth. The said apparatus and equipment shall be ready for delivery from Pierce* s Appleton, WI facility in 300 Calendar davs after the receipt and acceptance of this contract at the first party's of office at Appleton, Wisconsin, delays due to strikes, failures to obtain chassis, materials, or other causes beyond its control not preventing, and shall be delivered to said party of the second part at Village of Sleepy Hollow Sleepy Hollow, New York 10591 For each and every day delivery is delayed after this date, there shall be a daily penalty in the liquidated amount of $ 150,00 per day. This is not in lieu of any additional damages provided for by law. Fifth. A competent serviceman shall be furnished by first party to demonstrate said apparatus for second party and to give its employees the necessary instructions in the operation and handling of said apparatus. �Fflb-28-06 03.52pm From-Gali.^,Grun.r.PonslnlftNpvlck.LLP. +814 288 0850 j-118 P.005/OOB F-766 Sixth. The second party hereby purchases and agrees to pay for said apparatus and equipment, the sum of Six hnndrefl twenty-four thousand nine hiindred seventy-seven Dollars ($.624. 977.00)*. I *Paymeut terms are net on delivery and acceptance at Sleepy Hollow, New York. Alternate payment terms: A credit in amount of $7,572.00 will be given if Village of Sleepy Hollow, New York desires to pay for chassis 90 calendar days befcre completion of unit at Pierce, Appleton, WI. Invoicing will be forwarded allowing for a 30-day payment term for chassis. Payment shall be made directly to first party at its Appleton, Wisconsin office. Under no circumstances shall payment be made to the dealer or any other party except Pierce Manufacturing, Inc. Any representation that payment is authorized to be made to another party is in violation of this agreement. Net payment is due upon acceptance at Pierce Manufacturing, Inc., Appleton, WL, unless otherwise specifi ed herein, If deferred payment arrangements are made, such arrangements shall be in writing, and second party's obligation there under shall be evidenced by negotiable paper. I 1) It is understood that the Second Party must insure the unit for both Auto Liability & Auto Physical Damage during delivery and for training purposes. First party insurance will apply forfirstparty drivers ODly. Any second party personnel driving the unit are reliant on second party's insurance. 2) It is further understood that the unit cannot be placed in any type of service by the second party until payment and transfer of title is completed. 3) If aparnalpaymeiitismadeduetoen*orsmmanufacturmgoromissions, amaximurn of up to ten (10) percent of total contract price maybe withheld if agreed to by both parties. If more than one piece of apparatus is covered by this contract, the above terms of payment shall apply to each piece, and an invoice covering each piece shall be rendered in the proper amount. Seventh. In case the second party desires to test the apparatus, such test shall be made within ten (10) days after arrival at destination, and a written report of such test forthwith delivered to the first party at its principal office at Appleton, WI. If no such test be made, or if no such report be made by the second party within ten (10) days after arrival, then said apparatus and equipment shall be considered as fully complying with contract specifications. Eighth. It is agreed that the apparatus and equipment covered by this contract shall remain the property of the first party until the entire contract price has been paid, but if more than one pi ece of apparatus is covered by this contract, then each piece shall remain the property of the first party until the above listed price for such piece has been paid in full, and in case of any default in payment the first party may take full possession of the apparatus and equipment, or of the piece I ,55? 5 �Feb-28-06 03:52pm From-GaInes.Grunar,PonzlnlANovlck t LLP. +914 288 0850 or pieces upon which default has been made, and any payments that have been made shall be applied as payment for the use of the apparatus and equipment up to date of taking possession. Ninth. This contract to be binding must be signed and approved by an officer of Pierce Manufacturing, Inc., or Bomeone authorized by it to do so. This contract and specifications lake precedence over all previous negotiations and no representations are considered as entering into this contract except as are contained herein or in the specifications attached hereto. This contract cannot be altered or modified except my mutual written agreement by the parties. The terms and conditions of this contract shall be governed by the laws of the State of New York. The parties agree that Westchester County shall be the venue for the resolution of any and all disputes. IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the second party has caused its seal to be affixed, and attested by its authorized representatives on this day of _ , 2006. PIERCE MANUf ACTUEUNG, INC. By (Seal) Signature By , , Print Nnrnc Date of Acceptance. Tide � 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-2006 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_2006-02-28 Subject The topic of the resource Board of Trustees Minutes-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 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 https://sleepyhollow.localarchives.org/files/original/5109b5789780bd54fe93591418c616b0.pdf 53bdf188916c71059fad9cedb42f65d5 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, February 21st, 2006 at 7:15 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Deputy Mayor Mario DiFelice Andrew Murray Sandra Morales Thomas Capossela Kay Brown Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Sean McCarthy, Village Architect At 7:45 p.m. on a motion of Trustee DiFelice, seconded by Trustee Spota, the Board entered into special session. On a motion of Trustee Spota, seconded by Trustee Capossela and subject to the review and signoffof the subject Trustee subcommittee chairpersons and the further review and approval of the Mayor and acting Village Treasurer the warrants of February 10th and 21st, 2006 and any vouchers as consolidated in said warrant were unanimously approved, excepting the 1/31/06 Community TV claim, which required further verification. The attached resolutions were acted on as noted therein. On a motion of Trustee Capossela, seconded by Trustee Grala, the Board of Trustees unanimously confirmed the actions of the Sleepy Hollow Fire Department Fire Council as described in the attached 2/21 /06 memo. At 8:00 p.m. on a motion of Trustee Grala, seconded by Trustee Morales the special meeting was adjourned. �;-(.// Meeting Date: Resolution #: 02/21/06 02/24/06 BOARD RESOLUTION NEW YORK STATE PUBLIC ENTITIES SAFETY GROUP 497 STATE INSURANCE FUND WORKERS* COMPENSATION PROGRAM Resolved that the V i l l a g p nf si oopy ^ i i m . r go on record with Tbe State Insurance Fund as becoming a participant in tbe New York State Public Entities Safety Group 497 comprised of municipalities, public authorities/entities and volunteer fire districts in New York State, and will abide by its rules and regulations. It is understood this Group has beenformedforthe basic purpose of bringing about a greater degree of safety, and that the surplus earnings within this Group will be paid as a dividendtothe participants. Date Passed: Effective Dale: Name; . (Pietse Print) Phone: ( ) Fax: I i _ _ Signed: _ Date: Optional; Resolved that the V i l l a g e of Sleepy Hollow Volunteer Ambulance Corp elects to purchase State Insurance Fund VAWBL Endorsement #80 to provide employer's liability coverage for its officers and Board of Trustees. Date Passed: Effective Date: Name: (Please Prim) Signed: Data: Moved by: Trustee Spota; Seconded by: Trustee Capossela Vote: Unanimous, subject to final review by Counsel Ponzini. �Meeting Date: 02/21/06 Resolution #: 02/25/06 Be it resolved that the Board of Trustees of the Village of Sleepy Hollow does hereby confirm the Mayor's appointment of George Brown, 317 N. Terrace Avenue, Mt. Vernon, New York to the position of Bus Driver at a salary of $ 15.00 per hour, not to exceed 17 hours per week. Said appointment is subject to a probationary period of twelve (12) to fifty-two (52) weeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee CaposselaSeconded: Trustee Grala Vote: Unanimous �'7 $H0 SLEEPY HOLLOW FIRE DEPARTMENT Fire Patrol Org. 1876 Pocantico Hook and Ladder Org. 1878 Rescue Hose Co. No. I Org. 1887 Union Hose Eng. Co. No. 2 Org. 1887 Columbia Hose Co. No. 3 Org. 1899 Jose Ojito Chief Engineer William Hennessey, Jr. First Assistant Chief Daniel Hayes Second Assistant Chief I HOME OF THE HEADLESS HORSEMAN To: The Mayor and Board of Trustees From: The Sleepy Hollow Fire Department Fire Council Date: February 21, 2006 The following actions took place at-our Council meeting on February 15, 2006. As always if you have any questions please contact any department chief. 1- Marco Faustino was elected as an active member of Fire Patrol Co#l. 2- George Crowe was elected as an active member of Union Hose Co#2. 3- Keith Okie was approved as a driver of Tower Ladder 38, Pocantico H&L Co#l Thank you, I � 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-2006 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_2006-02-21 Subject The topic of the resource Board of Trustees Minutes-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 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 https://sleepyhollow.localarchives.org/files/original/86d79e031d33c2055861b97ed0e9080e.pdf c38d1b9fbc79560582edf9fa48972ce2 PDF Text Text ym A regular meeting of the Board of Trustees was held on Tuesday, J a n u a r y 3 1 , 2006 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Thomas Capossela Andrew M u r r a y Kay Brown Grala Sandra Morales Absent: Trustees Trustee Richard Spota Also Present: Robert Ponzini, Village Attorney Dwight Douglas, Village Administrator Diane Jacobson, Village Treasurer Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. He commented that there were several meetings before the regular meeting and that they would adjust the agenda and start the regular meeting a few minutes earlier. He asked that everyone remain standing for a moment of silence for Mary Kiselak, a long time resident of Sleepy Hollow, who passed away last week. Approval of Minutes Trustee DiFelice moved, seconded by Trustee Capossela to approve the minutes of December 20, 2005, motion carried unanimously. Trustee Capossela moved, seconded by Trustee Grala to approve the minutes of the public hearing held on December 20, 2005, motion carried unanimously. Trustee Grala moved, seconded by Trustee Morales to approve the minutes of J a n u a r y 17, 2006, motion carried unanimously. Mayor Zegarelli introduced and welcomed our new Village Treasurer, Diane Jacobson. Approval of W a r r a n t Trustee Murray moved, seconded by Trustee DiFelice to approve the warrant of J a n u a r y 27, 2006 subject to review by department heads, Chairs of different departments, the Mayor and Treasurer and signatures of the Mayor and Village Treasurer. Discussion ensued about a couple of bills and Trustee DiFelice wanted it noted for the record that he opposed payment to Community Television; motion carried unanimously. Total of the General fund is $127,832.64, total of Sanitation fund is $3,406.22, Parking fund total is $569.01, Water fund total is $16,566.23, Sewer fund total is $1979.29, Capital fund total is $142,838.51, Trust & Agency total is $35,522.25. Total of warrant is $328,714.15. 1 �Public Comments Mario Belanich had comments regarding the DARE program and wanted to know why we don't have any Police Officers from Sleepy Hollow at this program. Chief Warren explained that the Village of Sleepy Hollow has not been involved in ihe DARE program for approximately five years. The parochial schools now have this program. Trustee Reports Trustee DiFelice read the attached Public Works Report. In the absence of Trustee Spota, Trustee DiFelice gave a Police Report. Officers Pellegrino and Nacke and Sgt. Eaton received Certificates of Appreciation on completion of the National Drug Survey. Chief Warren and Lt. Campbell completed Safety Patrol course. Trustee DiFelice read the attached Fire Wardens' correspondence. Trustee DiFelice moved, seconded by Trustee Capossela to confirm the actions of the Fire Wardens, motion carried. Trustee Capossela read the attached Administrative Report. He commented that new shades have been installed in the benevolent room and a new computer has been installed in Rescue Hose. Trustee Capossela thanked the Department of Public Works for a great job during the heavy snow storm and the Police Department for working together with them. Trustee Grala reported that the Library Board met last week regarding the front steps at the Warner Library. We have received a $10,000.00 endowment. She reported that the Recreation Committee will be meeting tonight to co-ordinate Summer Day Camp with Tarrytown. Trustee Grala thanked Joe DeFeo for the beautiful Christmas lights that were put up during the holidays. Trustee Morales reported that the Public Safety Committee met and discussed double parking on Valley Street and Cortlandt Street. The next meeting will be held on February 27, 2006. Trustee Murray reported that he has informed the residents of Kelbourne Avenue that the problem with the lights is Con Edison's problem and that the village has informed them of this and Con Ed is now working on resolving the problem. He commented that he and the Village Administrator met with Sandra Galef regarding route 9 enhancement program. Administrator's Report Dwight Douglas reported that we have received funding from Community Development Block Grant for the Barnhart Park project. �V£V I We are in the process of receiving reports on the revitalization of the downtown area to possibly receive grant money for new awnings. Mayor Zegarelli commented that we are in the process of moving the site of the Senior Citizen center. Resolutions- Attached Old Business Trustee Capossela commented that he has had discussions with Chuck Scarpolla, Athletic Director, regarding the possibility of having soccer at Kingsland Point Park. Mayor's Report Mayor Zegarelli reported that we have received $20,279. cable franchise fee. He commented that the Ethics Committee met tonight. I The Mayor commented that they had a meeting trying to get some additional monies for Hudson River Towns. The Mayor sent a thank you letter to Kendal on Hudson for their donation of $5000. to the Ambulance Corp. and $5000. to the Police Department. The Power Authority is going to increase their costs by 2.4%. The New Hope Institutional Baptist Church is holding a Heritage Day on Sunday, February 12th . Communications, Petitions & Requests Mayor Zegarelli read several turn-off notices from Con Ed; 7 Hudson Street, 85,148,150, 186 and 196 Cortlandt Street, 7 Hudson Street, 48, 72,76, 86, and 172 Beekman Avenue, 315 N. Broadway and 135 Depeyster Street. There being no further business, Trustee DiFelice moved, seconded by Trustee Murray to adjourn the meeting, motion carried. Respectfully submitted, I Angela Everett Village Clerk 3 �SLEEPY HOLLOW FIRE DEPARTMENT Fire Patrol Org. 1876 Pocantico Hook and Ladder Org. 1878 Rescue Hose Co. No. I Org. 1887 Union How Eng. Co. No. 2 Org. 1887 Columbia How Co. No. 3 Org. 1899 Jose Ojito Chief Engineer William Hennessey, Jr. First Assistant Chief Daniel Hayes Second Assistant Chief HOME OF THE HEADLESS HORSEMAN To: Mayor and Board of Trustees From: Board of Fire Wardens, Sleepy Hollow Fire Department Re: Actions taken place at January Meeting Date: January 16, 2006 Please be advised the following actions took place at the January wardens meeting held on January 11, 2006. 1. 2. 3. 4. 5. 6. Miguel Valle took a leave of absence from the Sleepy Hollow Fire Department. Marco Faustino resigned from active membership in Rescue Hose Co Nol. Daniel Murray was appointed Captain of Engine 85 by Rescue Hose Co No 1. James Hayes was approved as a Driver/Pump Operator of Engine 85. Edgar J. Brennan resigned from active membership in Union Hose Co No 2. Please be advised that the telephone in the Fire Chiefs office still dials out on the Police department's lines and to the best of our knowledge is still be taped in the police department. We would formally ask that this situation be corrected as soon as possible. f "v. Dariifel Hayes, r Secretary, Board of Fire ire wardens warder 28 B e e k m a n Avenue • Sleepy Hollow, NY 10591 • {914) 366-5119 • Fax: (914) 332-7074 �L fS(o Meeting Date: Resolution No.: 01/31/06 01/06/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of an IMA by and between the Villages of Sleepy Hollow and Tarrytown and the Union Free School District of the Tarrytowns for the Operation of the 2006 Summer Day Camp WHEREAS, a series of meetings have been held with representatives of the Village of Tarrytown and the Union School District of the Tarrytowns to define the parameters of the joint operation of the 2006 Summer Day Camp; and WHEREAS, a Draft IMA has been prepared detailing said understandings; and WHEREAS, yet to be determined and requiring subsequent Board action is the total budget for operation of the day camp; and WHEREAS, the Board of Trustees of the Village of Sleepy Hollow feel that it is in the best fiscal interests of the Village and prospective summer day campers to pursue a joint summer day camp operation. NOW, THEREFORE, BE I T RESOLVED that the Mayor is herein authorized to conclude negotiations as outlined in the attached IMA and to execute said agreement once in final form noting that certain budgetary matters must be presented for further Board action as part of the overall agreement. Moved: Trustee Gra I a Seconded: Trustee Morales Vote: Unanimous �7S AGREEMENT made as of the day of , 2006 by and among the VILLAGE OF TARRYTOWN, a municipal corporation of the State of New York, the VILLAGE OF SLEEPY HOLLOW, a municipal corporation of the State of New York, and THE UNION FREE SCHOOL DISTRICT OF THE TARRYTOWNS. WITNESSETH: WHEREAS, the Villages of Tanytown ("Tarrytown") and Sleepy Hollow ("Sleepy Hollow") presently administer summer day camp programs to serve the youth of Tarrytown and Sleepy Hollow, and WHEREAS, previously the Tanytown Day Camp program also served Sleepy Hollow residents and the Sleepy Hollow Day Camp program also served Tanytown residents, and WHEREAS, the Union Free School District of the Tarrytowns ("School") has expressed an interest in assisting these two programs to maximize the shared use of School facilities which have traditionally been utilized for the day camp programs, and WHEREAS, the potential exists to expand the Tot Camp presently operated solely by Sleepy Hollow to accommodate additional children, and W H E R E A S , the potential exists to expand the Sport Camp presently operated solely by Tarrytown to accommodate additional children, and WHEREAS, a series of meetings have been held to discuss and consider the combined operation of said day camps, and WHEREAS, the parties now wish to memorialize their understandings concerning the operation of a 2O06 Tarrytown/Sleepy Hollow School Summer Day Camp. N O W , T H E R E F O R E , the parties agree as follows: 1 • Year 2006: This Agreement establishes a second pilot Summer Day Camp Program ("SDCP") to be administered for the 2006 Summer Day Camp session. The parties agree to reserve the right to continue 1 1/23/06 �I or discontinue this merged summer camp program in subsequent years. The parties further agree to operate this joint day camp program as detailed below. 2. Administration: During this second pilot session, Tarrytown will act as Agent for and provide general program administration, oversight and coordination of the summer day camp including, in the general definition and roles, as: A. Registration and receipt of day camp fees; B. Bookkeeping for all financial transactions related to the summer day camp activities. C. Purchasing of needed supplies and materials; D. Arranging, coordinating and paying for all trip activities; E. In consultation and coordination with Sleepy Hollow, hiring and selection of counselors and ^m other day camp staff. ^ | 3. Sleepy Hollow's Role: At all times and regarding all of the above items, Sleepy Hollow will participate fully in the operation of the SDCP and will be kept fully apprised and offered the opportunity to participate or inspect records and, in general, have full opportunity to participate, review or otherwise be fully involved with all day camp operations. In the event of a dispute, the Mayors and Administrators of Tarrytown, Sleepy Hollow and School will meet with day camp and school personnel to resolve said disputes. 4. Fees: A uniform schedule of fees will be established and attached to this Agreement and made a part hereof as "Exhibit I". Included in this new fee schedule is an "afternoon session" rate designed to accommodate summer school children. Adoption of the program fee schedule will be reviewed and acted upon by separate action of the respective Boards of Trustees. 5. Contributions: Tarrytown and Sleepy Hollow will each contribute $30,000.00 payable on or before H July 1, 2006 to be held in escrow in a separate, designated Tarrytown account, said funds to be utilized for H scholarships to income eligible residents of the respective Villages who qualify for the school lunch program of the Tarrytown schools. 6. School Assistance: The School herein agrees to seek to provide assistance in addition to the use of School facilities as follows: 2 1/23/06 �A. Fundraise $5,000.00 for scholarships for needy children. B. Provide discounted transportation services requested by Tarrytown and bill Tarrytown accordingly. C. Assist in verifying the eligibility of prospective day campers for scholarship assistance. 7. Income/Expense Budget: The parties acknowledge that in this second pilot day camp year, a budget representing a reasonable estimate of a proposed income and expense budget will be prepared. Said budget must be reviewed and acted upon by subsequent board action. 8. Deficit: The parties herein acknowledge the income/expense budget will be developed with a contingency component to cover income/expense short falls and it is the parties' intent to operate the day camp in such a way as to incur no deficit. If, through any Act of God, emergency, or unforeseen circumstances beyond the control of the parties hereto, an overall deficit is incurred in the costs of operating the day camp program, Tarrytown and Sleepy Hollow shall pay an equal share of such deficit. 9. Financial Reporting: It is mutually agreed by and between the parties that Tarrytown, Sleepy Hollow and School shall simultaneously be provided with a financial report of the day camp program by September 30, 2006. 10. Insurance: Tarrytown, Sleepy Hollow and the School shall each provide certificates of insurance naming the other parties as additional insured for the operation of the summer day camp program. Each party to this agreement will provide the following minimal insurance limits-: one million [$1,000,000.00] dollars per occurrence and five million [$5,000,000.00] dollars in aggregate. 11. Liability: It is agreed that the Parties to this Agreement shall hold each other harmless for any and all actions arising out of the reasonable and responsible implementation of this Agreement. 12. Arbitration: Should a problem arise in which Tarrytown and Sleepy Hollow cannot reach a mutually satisfactory resolution, third party arbitration will be exercised through the American Arbitration Association. The costs for such Arbitration will be split 50/50 between Tarrytown and Sleepy Hollow. 13. Renewal: During the month of November, representatives for Tarrytown, Sleepy Hollow and School shall convene for the purpose of establishing the terms and conditions for renewal of the Agreement. 3 1/23/06 �I Should agreement be reached on a renewal Agreement, it vail be subject to authorization from the respective Boards of Tarrytown, Sleepy Hollow and School. 14. Effective Date: This Agreement shall become effective on February 1, 2006, and shall remain in effect up to and including August 31, 2006. VILLAGE OF TARRYTOWN By: Drew Fixell, Mayor I VILLAGE OF SLEEPY HOLLOW By:. Philip E. Zegarelli, Mayor THE UNION FREE SCHOOL DISTRICT OF THE TARRYTOWNS By:. Howard Smith, Superintendent I By order of the Board of Trustees of the Village of Tarrytown on (resolution attached): _, 2006 By order of the Board of Trustees of the Village of Sleepy Hollow on (resolution attached): , 2006 4 1/23/06 �H<\\ Meeting Date: Resolution No.: 01/31/06 01/07/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of License Agreement with the Union Free School District of the Tarrytowns Fremont Pond WHEREAS, the Village of Sleepy Hollow is desirous of installing siltation chambers at the inlets to Fremont Pond to protect the pond from sedimentation; and WHEREAS, plans have been drawn up by the Village Engineer, Dolph Rotfeld Engineering, showing the location of said siltation chambers and proposed access way for construction and maintenance; and WHEREAS, both the access way and the siltation chambers are located on property owned by the Union Free School District of the Tarrytowns and a license agreement has been drawn by the School District to assist the Village for the above noted purpose; and WHEREAS, said license agreement (attached hereto) is in draft form and has been reviewed by Village Counsel and determined to be generally appropriate. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein authorizes the Mayor to execute said license agreement subject to any final legal review and non-substantive amendments. Moved: Trustee Morales Seconded: Trustee Murray Vote: Unanimous �MQ JBN. 9.2BB& 1:23PM KEfiNE S BEfiNE " " " •—-N0.9B1 P.B/14 LICENSE AGREEMENT This Agreement entered into this day of , 2005 by and between the Union Free School District of the Tarrytowns, with offices located at 200 North Broadway, Sleepy Hollow, New York 10591 (hereinafter "Licensor") and the Village of Sleepy Hollow, New York, with offices located at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 (hereinafter "Licensee"). WITNESSETH 1. Licensor hereby gives and grants to Licensee and Licensee hereby accepts from Licensor a revocable license to construct, install and maintain a siltation basin, together with an access easement (collectively "siltation basin") as set forth on Plans prepared by and last revised entitled , dated , located as described on Schedule "A", annexed hereto (hereinafter "licensed premises"). Except as otherwise set forth herein the time(s) for installation and maintenance shall be subject to prior approval by Licensor. 2. This License Agreement shall be revocable at any time by Licensor upon thirty (30) days written notice to Licensee. Any such notice shall be transmitted by certified or registered mail, return receipt requested, to the above-referenced address of Licensee, to the attention of the Mayor. In the event of the revocation of this License, Licensor shall be entitled to take whatever actions may be necessary to disable or otherwise render Licensee's siltation basin ineffective, all without any liability whatsoever to Licensor. ) KS2/0S./K8109P >H G/20/05 Upon demand of Licensor, Licensee shall be �I WS'7 MEMORANDUM TO: Mayor Philip E. Zegarelli Board of Trustees FROM: Dwight H. Douglas^ DATE: January 13, 2006 RE: Fremont Pond Siltation Chamber I Attached is a DEC letter dated January 3, 2006 indicating that the Village can go ahead with setting up the siltation chamber at the inlet to Fremont Pond. Also attached is the proposed license agreement between the school district whose property abuts the pond and the Village allowing us access to construct and maintain the siltation chamber with certain liability responsibilities adhering to the Village. Bob Ponzini has been handling this matter and can speak to the school district's requirements for the Village to go ahead. If the agreement is acceptable, we could authorize its execution at the January 24th meeting allowing for some finalization of negotiations and then gear up for work to be done as soon as the ground is dry enough in 2006. The Village's DPW is planning to undertake this project directly. attachments I �9.2306 1 :23PM HO. 901 KERNE & BEANE P. 9/14 required to remove any and all improvements placed under, in or upon the licensed premises and to restore the licensed premises to its physical state immediately before such removal. Absent such action by Licensee, Licensor shall have the right to remove such improvements and restore the licensed premises, the cost for which shall be paid by Licensee, Licensee shall be responsible for any damage to property of third parties occasioned by revocation of this License Agreement and actions taken or not taken by Licensor or Licensee pursuant to this paragraph. 3. Prior to any contractor or employee of Licensee entering upon any property of Licensor, Licensee and/or its contractor shall obtain and keep in full force and effect, during all work upon Licensor's property, adequate and appropriate insurance, as acceptable to Licensor, all such insurance naming licensor as an additional insured. A certificate evidencing such insurance shall be filed vyith Licensor. 4. Licensee, prior to the commencement of any work upon the licensed premises, shall secure any and all necessary permits or approvals from all municipal or public authorities exercising or purporting to exercise jurisdiction over Licensee's work. Copies of such permits shall be filed with Licensor. Thereafter, Licensee, at its sole cost and expense, shall install and maintain the siltation basin in a manner satisfactory to Licensor and in strict conformity with the requirements of all laws, ordinances and orders of competent public authorities now existing and future modifications thereof. 5. Licensee shall be solely responsible for determining the location and existence of any pipes, wires, conduits, sewers or other obstructions to the construction of Licensee's siltation basin and shall indemnify Licensor for any and all liability for damages to the foregoing caused by the construction or maintenance of Licensee's siltation basin. USVtimtWlVl 6W/0S -2- Licensor makes no �9.Z006 1:23PM KEANE 8. BEANE ~ - ~ N 0 '901 P - 1 0 ^ 4 representation, by the granting of this license, that any of its property, including the licensed premises, is free of pipes, wires, conduits, sewers or other obstructions. 6. Licensee, at Licensee's sole cost and expense, whenever notified to do so, shall promptly make such repairs to or changes in the siltation basin which the Licensor, shall for any reason consider appropriate or necessary. Licensee shall also maintain the siltation basin and all improvements ancillary thereto, whether or not upon the licensed premises, in such a manner as to insure that DO damage, including, but not limited to wetness or flooding, occurs upon any of Licensor's property, as a result of lack of maintenance by Licensee. Licensor shall, at its election, have the right, but not the obligation, to make repairs, emergency or otherwise, to the siltation basin and in such event Licensee, upon bills being rendered therefor, will promptly reimburse Licensor for all expenses incurred in connection therewith. 7. Maintenance and use of the siltation basin on or under the licensed premises, however long continued, shall not vest in Licensee any rights in Licensor's property or rights adverse to those of Licensor. 8. Licensee shall assume all risk of damage to or destruction of the siltation basin through any cause whatsoever, while located upon the licensed premises and shall, at all times, fully indemnify Licensor against all claims, demands, suits, judgments, costs and expenses by reason of any loss or damage to any property and injury or death of any person whatsoever or whomsoever, in any manner arising from or growing out of, directly or indirectly, wholly or in part, the design, installation, maintenance, repair, changing, renewal, existence or removal of the siltation basin on or under the licensed premises, including those occasioned by reason of Licensor's or Licensee's actions or failure to act pursuant to paragraph 2 above. itsimrmanvi 6/zo/os �V I JAN. 9.2006 I'23PM 9. KEPNE & BERNE" ._ ..MO. 9 0 1 . P. 1 1 / 1 4 The waiver by Licensor of a breach by Licensee of any provision of this Agreement shall be limited to the act or omission constituting such breach and shall not constitute a continuing or permanent waiveT. 10. This Agreement or the permission herein granted shall not be assigned or transferred by the Licensee to any person, party or entity, without the written consent of the Licensor. Upon such assignment, the assignee thereto shall be subject to all of the obligations of Licensee as set forth in this Agreement. I Such assignee shall present to Licensor written consent to such obligations, prior to any such assignment becoming effective. It shall be Licensee's and their successor Licensee's obligation to advise a successor owner or owners of the existence of this License Agreement. 11. In entering into this Agreement, the parties acknowledge and agree that nothing herein shall be construed as conveying or creating any right or ownership interest in the licensed premises, Licensor does not warrant title or ownership to the licensed premises nor does Licensor warrant to Licensee that it shall have the right to quietly enjoy, use or occupy the i licensed premises.s. /Further, Licensor does not warrant or represent that any dirt or fill on or /Furtl under the licensed premises is free from Hazardous Materials, as that term may be defined in any law, ordinance, rule or regulation. Licensee agrees to use and occupation of the licensed premises "As Is". In the event that any Hazardous Materials ore encountered by Licensee, it shall be Licensee's sole responsibility, with no responsibility on the part of Licensor, to remedy such condition pursuant to all laws, statues and regulations in force and in compliance with all orders or directives of any board, agency or department exercising or purporting to exercise jurisdiction. Licensee shall mdemnify, defend and hold Licensor harmless from any claims, 1&52/01/2810M* VI fc'20/05 �9.20B& 1:24PM KEANE & BEANE NO. 901 P.12/14 demands, orders, actions, judgments or liabilities, including, but not limited to those of board or departments exercising jurisdiction, occasioned as a result of Hazardous Materials being encountered on, in or under the licensed premises. 12. Licensee agrees that immediately subsequent to installation of the siltation basin and any subsequent maintenance, repair or replacement thereof, Licensee will restore the surface of the licensed premises or other premises owned by Licensor which have been disturbed, but not actually utilized for siltation basin to its physical state immediately prior to installation of the siltation basin or subsequent maintenance, repair or replacement thereof, including, without limitation, installation of sod, trees, plants and bushes removed, damaged or destroyed as a result of the same. Any such restoration will be guaranteed for a period of one (1) year and in the event that any sod, grass, bushes or other planted thing so replaced dies within such period, it shall be replaced with an identical item. 13. Licensee agrees that it or its contractor will: (a) Give Licensor no less than forty-eight (48) hours prior notice of the commencement of construction, maintenance or repair, except for emergency situations, wherein reasonable notice under the circumstances shall be given; (b) Make adequate provision to insure that access to Licensor's premises shall not be obstructed during construction, maintenance, repair or replacement of the siltation basin; (c) Not park or store any construction vehicles or equipment on premises of the Licensor, including the licensed premises; 1*52/01/2*1098 VI 6/20/D5 �V 7 .^ l J^N. =..2006 1 :24PM (d) kD*C&BE*C ^ ' ^ -~P-l^ 1 J Remove any excess dirt, debris, garbage, trash or the like after construction, maintenance or repair is completed or at such earlier times as may be requested by the Licensor; (e) Dispose of any fill or excess dirt, off-site, in compliance with all laws, ordinances, rules, regulations and orders with respect to such disposal. Licensee hereby holds Licensor, its Board of Education, officers and employees harmless and agrees to indemnify and defend the same from any claims, liabilities, demands, suits, judgments, violations, notices of violation, I costs and expenses by reason of any allegation that fill or dirt emanating from the licensed premises constituted Hazardous Materials or was disposed of in a manner which may violate any law, ordinance, rule, regulation or order; (f) Safeguard any excavations during construction with barricades and other appropriate measures; (g) Not change oil on any construction equipment or vehicles while on the property of Licensor. 14. Licensee shall obtain insurance, satisfactory to Licensor, protecting Licensor from any liability occurring or which may occur as a result of the placement of Licensee's siltation basin in the licensed premises. Licensor shall be named as an additional insured on such policy of insurance and Licensee shall file, with Licensor, a Certificate of Insurance, on an annual basis, evidencing such insurance. 15. The revocable license granted herein (a) is not a conveyance of real property, (b) does not grant or convey to Licensee exclusive use of the licensed premises, (c) is granted 1&S2/D1/2H0M VI 4/10/D5 -6- �( H . JAN. 9.2006 1:24PM .. NO.901 ._P.14/14 KEfiNE & BEftNE subject to grants, conveyances, easements and rights of way, if any, heretofore made to others and (d) is granted subject to the rights of Licensor, which Licensor hereby reserves to (i) use and enjoy the licensed premises in any manner that it deems fit and (ii) grant and convey any interest in the licensed premises to others. 16. The provision of paragraphs 2, 3, 4, 6 and 7 shall survive any termination of this Agreement. 17. This Agreement shall be interpreted and construed in accordance with the laws of the Stale of New York and constitutes the complete understanding and agreement of the parties, No modification or amendment of any of the provision hereof shall be valid unless in writing and signed by the parties hereto or their successors. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and yearfirstabove written. Licensee: Village of Sleepy Hollow, New York Licensor! Union Free School District of the Tarrytowns By: By: President, Board of Education 1E5L1H/2H098VI t/?Mtt �5oo I JON. 9 . 2 0 9 5 1:22PM KERNE & BEANE - N O . 901. .P.,3_/14 18. Licensor has required the indemnification set forth herein as a condition precedent to Licensor's consent to entering into the License Agreement and Licensor would not be willing to consent in the absence of the environmental indemnification set forth herein. (a) I \vsimnti9X vi (,run*s Licensee, on behalf of itself, and its successors and assigns, agrees to indemnify, protect, defend and hold Licensor and its Board of Education, officers and employees harmless from any claims (including, without limitation, third party claims for personal injury or real or personal property damage), actions, administrative proceedings (including informal proceedings), judgments, damages, punitive damages, penalties, fines, costs, liabilities (including sums paid in settlements of claims), interest or losses, including reasonable attorneys' fees and expenses (including any such fees and expenses incurred in enforcing this indemnification or collecting any sums due hereunder) consultant fees, and expert fees, together with all other costs and expenses of any land or nature (collectively, the "Costs") that arise directly cr indirectly, from or in connection with: (i) The performance of any work by Licensee; (ii) The migration, escape, seepage, leakage, spillage, discharge, emission or leaking of Hazardous Materials (whether preexisting at the licensed premises before the commencement of the License or otherwise) on, under, from, to or affecting the licensed premises (including groundwater), or persons, or property; (iii) The discovery of Hazardous Materials at the licensed premises (including in the groundwater) requiring remediation; (iv) Any violation of laws, orders, rules, regulations, requirements, guidelines or demands of any local, State or Federal governmental agency or other authority which are based upon or in any way related to Hazardous Materials on, under, from or affecting the licensed premises, including the presence, disposal, dumping, escape, seepage, leakage, spillage, discharge, emission, pumping, emptying, injecting, leaching, pouring, release, or threatened release of any Hazardous Materials on, under, from, or affecting the licensed premises; (v) Any judicial or administrative lawsuit or proceeding brought or threatened, settlement reached in compliance with a government order or agreement with a third party relating to Hazardous Materials on, under, from or affecting the licensed premises; (vi) Claims made by any governmental authority with respect to actual or alleged damages to natural resources arising out of or in connection with the migration of Hazardous Materials from the �JPH. 9.2006 1:22PM KERNE & BEANE . • - ~ — - Nn QR1 —NU.yui P 4/14 ._ I licensed premises; ("ii) Claims related to the use, generation, refining, manufacture, transportation, transfer, production, processing, storage, handling, or treatment of Hazardous Materials on, under, from, or affecting the Utilised premises; (viii) The Remedial Work costs set forth in subsection (b) below; and (ix) Claims brought by or on behalf of Licensee's agents and invitees relating to the presence or migration of Hazardous Materials at, to orfromthe licensed premises. (b) In the event any investigation or monitoring of on-site or off-site conditions or any cleanup, containment, restoration, removal or other remedial work (collectively the "Remedial Work") is required under any applicable Federal, State or local law or regulation, by any judicial order, or by any governmental entity, or in order to comply with any agreements with any governmental authority or third party in connection with the indemnified Costs identified in subsection (a) above, Licensee shall perform or cause to be performed the Remedial Work in compliance with such law, regulation, order or agreement. All costs and expenses of such Remedial Work shall be paid by Licensee including, without limitation, the charges of contractors) and consulting engineers. In the event Licensee shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion such Remedial Work, Licensor may, but shall not be obligated to, upon ten (10) business days prior written notice to Licensee cause such Remedial Work to be performed, unless Licensee commences or causes to commence such Remedial Work within the aforesaid ten (10) business day period; and all costs and expenses therefor, or incurred in connection therewith, shall be Costs within the meaning of subsection (a) above and shall be due and payable upon demand therefor by Licensor. (c) Licensee shall remain liable for any Costs set forth in subsection (a) and the Remedial Work set forth in subsection (b), which may include, but shall not be limited to, monitoring costs subsequent to the termination or expiration of this Agreement. Licensor and Licensee agree to reasonably cooperate with each other with respect to any issues that arise in connection with this environmental indemnification, provided that such cooperation does not require Licensor to incur any out-of-pocket costs. Each party agrees to promptly provide to the other copies of any notices, demands, claims, inquiries, or any other correspondence received from third parties relative to the issue of environmental matters at the licensed premises and each party fiuther agrees to provide notice of any environmental matters brought to the attention of such party, In the I85i/OI72B1»50 Vi f/24*5 -2- I I �•u JAN. 9.Z006 1:23PM KEftNE & BERNE - - - - - •• ..--NO. 901 ._P.5/14 event Licensor shall suffer or incur any Costs for which Licensee is required to indemnify Licensor hereunder, Licensee shall pay to Licensor the total of all such Costs suffered or incurred by Licensor upon demand therefor by Licensor (d) lKir9m*19SbV) Definitions. For purposes of this License Agreement, unless the context others requires: (i) "Environmental Laws" shall mean any and all Federal, State, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees or requirements of any governmental authority regulating, relating to or imposing liability or standards of conduct concerning environmental conditions at the licensed premises, as now or may at any time hereafter be in effect, including, but not limited to and without limiting the generality of the foregoing. The Clean Water Act also known as the Federal Water Pollution Control Act, 88 U.S.C. §§1251, et seq,, the Toxic Substance Control Act, 15 U.S.C. §§2601, cj sea^ the Clean Air Act, 42 U.S.C. §§7401, et seq.. the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§186, e_t gea^ the Safe Drinking Water Act, 42 U.S.C. §§300f, et seg^ the Surface Mining Control and Reclamation Act, §1201, et seq.. 80 U.S.C. §1201, et §tg+, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§9601, et seq.. the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), Public Law 99-499, 100 Stat. §1818, the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§1101. et seq.. the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§6901, ej seq,. and the Occupational Safety and Health Act as amended ("OSHA"), 29 U.S.C. §655 and §657, together with any amendments thereto, regulations promulgated thereunder and all substitutions thereof. (ii) "Hazardous Materials" shall mean (i) Any hazardous, toxic or dangerous waste, substance or material defined as such in (or for the purpose of) CERCLA, SARA, RCRA, or any other Environmental Law as now or at any time hereafter in effect; (ii) any other waste, substance or material that exhibits any of the characteristics enumerated in 40 C.F.R. §§ 261.20 through 261.24, inclusive, and those extremely hazardous substances listed under Section 902 of SARA that are present in threshold planning or reportable quantities as denned under SARA and toxic or hazardous chemical substances that are present in quantities that exceed exposure standards as those terms are defined under Section 6 and 8 of OSHA and 29 C.F.R. Part 1910; (iii) any asbestos or asbestos containing substances whether or not the same 6/24/05 -3- oa �9.2006 i:23PM — KERNE & BEANE . __, _. NO.901 — P.6/14 — " I are defined as hazardous, toxic, dangerous waste, a dangwous substance or dangerous material in any Environmental Law; (iv) "Red Labeln flammable materials; (v) all laboratory waste and byproducts; (vi) all biohazardous materials, and (vii) asbestos. (iii) "Legal Requirements*' shall mean the requirements of every statute, law, ordinance, regulation, rule requirement, order or directive, now or hereafter made by any Federal, State or local government or any department, political subdivision, bureau, agency, office or officer thereof, or any other governmental authority having jurisdiction with respect and applicable to (i) the licensed premises and any part thereof, and/or (ii) the condition, equipment, maintenance, use or occupation of the licensed premises and any part thereof, including the making of an alteration or addition in or to any structure upon, connected with or appurtenant to the licensed premises and any part thereof. (iv) "Licensee's agents" shall be deemed to include agents, servants, employees, directors, officers, volunteers and contractors of Licensee. I I nsininwMW cows -4- �SOY Meeting Date: Resolution No.: 01/31/06 01/08/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Tri-Party Agreement Delaware Water Tap WHEREAS, the Village of Sleepy Hollow is interested in obtaining access to the Delaware Aqueduct to provide a redundant supply of water; and WHEREAS, the Village Engineer, Dolph Rotfeld Engineering, P.C., has contacted the New York City DEP and held a series of meetings to facilitate said connection; and WHEREAS, meetings have been held with representatives of the Village of Briarcliff Manor and Tarrytown in order to coordinate the necessary engineering studies to tap into the Delaware water system; and WHEREAS, a draft Tri-Party Agreement has been prepared and annexed hereto memorializing the inter-municipal agreement concerning said Delaware water tap; and WHEREAS, the Village's financial commitment to undertake this needed study is set at no greater than $5,000. NOW, THEREFORE, BE IT RESOLVED that subject To final review by Village Counsel, the Mayor is herein authorized to execute the attached Tri-Party Agreement and to take other steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Murray Seconded: Trustee DiFelice Vote: Unanimous �J TRI-PARTY AGREEMENT BETWEEN THE VILLAGES OF BRIARCLIFF MANOR, SLEEPY HOLLOW AND TARRYTOWN CONCERNING DELAWARE AQUEDUCT CONNECTION THIS AGREEMENT made this day of , 2006, by and between the Village of Briarcliff Manor ("Briarcliff Manor"), a municipal corporation of the State of New York, having its offices at 1111 Pleasantville Road, Briarcliff Manor, New York 10510, the Village of Tarrytown ("Tarrytown"), a municipal corporation of the State of New York, having its offices at 21 Wildey Street, Tarrytown, New York 10591 and the Village of Sleepy Hollow, a municipal corporation of the State of New York, having its offices at 28 Beekman Avenue, Sleepy Hollow, New York 10591 ("Sleepy Hollow"). WHEREAS, the parties to this Agreement desire to undertake to study the feasibility of jointly constructing and utilizing a water connection to the Delaware Aqueduct and jointly constructing and utilizing related water facilities for the purpose of supplying a long term, adequate and potable water supply to the Villages of Briarcliff Manor, Tarrytown and Sleepy Hollow from the Delaware Aqueduct to serve as an alternate source of water from the existing Catskill Aqueduct Connection; and WHEREAS, it is the intention of the Villages that if constructed, the water connection and related water facilities shall be jointly owned, operated and maintained by the Villages of Briarcliff Manor, Tarrytown and Sleepy Hollow; and WHEREAS, the parties to this Agreement believe that the benefits to be conferred by the joint utilization of a water connection to the Delaware Aqueduct will permit assurance of an alternate long term, adequate and potable water supply for residents of Briarcliff Manor, Tarrytown and the Village of Sleepy Hollow during time periods when the Catskill Aqueduct l �Connection is inoperable or otherwise unusable; and WHEREAS, the parties to this Agreement desire to set forth their understanding as to the rights and obligations, benefits, and costs in connection with the preparation of a feasibility study to jointly construct and utilize water facilities in connection with a water connection to the Delaware Aqueduct, as set forth herein, and as may be modified, from time to time. NOW, THEREFORE, in consideration of the premises and the provisions hereinafter set forth, the following constitutes a binding agreement by and between the parties. 1. Feasibility Study. A. The parties to this Agreement shall undertake an engineering analysis to determine the feasibility to design and construct, and the costs thereof, the necessary improvements to obtain a connection to the Delaware Aqueduct and pipe the water to the existing 30" diameter transmission main that currently provides water from the Catskill Aqueduct Connection to the Village of Sleepy Hollow and the Village of Tanytown. Dolph Rotfeld Engineering, PC, with a business address at 200 White Plains Road, Tanytown, New York 10591 shall perform said feasibility study as an independent consultant engineer ("Consultant Engineer"). The Consultant Engineer shall prepare a scope of work for the feasibility study (the "Scope of Work") based on the work previously performed by Consulting Engineer for the Village of Sleepy Hollow in connection with a Delaware Aqueduct connection and Consulting Engineer shall state the costs associated with the feasibility study. The parties to this Agreement shall each have the right to approve the Scope of Work and costs associated with the feasibility study prior to proceeding with the feasibility study. The Scope of Work and costs as approved in writing by each of the �Villages shall form a part of this Agreement The Scope of Work shall analyze the feasibility of design and construction of a connection to the Delaware Aqueduct after the start of operation by the New York City Department of Environmental Protection ("DEP")of the ultraviolet facility at Grasslands Road, Valhalla, New York when water supply would be provided from the ultraviolet facility. The study shall consider the following maximum water flows from a connection to the Delaware Aqueduct to the Villages: Tarrytown - maximum of 4.9 million gallons per day ("mgd"), Sleepy Hollow - maximum of 3.6 mgd and Briarcliff Manor - maximum of 6.0 mgd. 2. Payment for Feasibility Study. Sleepy Hollow shall enter into an agreement with Consulting Engineer consistent with this Agreement for the preparation of the feasibility study. Each Village agrees to pay 33.33% of the total cost of the feasibility study. Payment shall be made by Sleepy Hollow to Consultant Engineer in accordance with its agreement with Consultant Engineer, The Villages of Briarcliff Manor and Tarrytown shall reimburse Sleepy Hollow for it's pro rata payment within thirty (30) days after receipt of a copy of the Consultant Engineer's invoice from Sleepy Hollow for services performed by the Consultant Engineer. Neither Briarcliff Manor nor Tarrytown shall pay any costs associated with work done prior to execution of this Agreement by Consulting Engineer in connection with the Delaware Aqueduct. 3. Connection to Delaware Aqueduct If the Villages jointly decide to proceed with the connection to the Delaware Aqueduct, the Villages shall enter into a further agreement concerning design, engineering, construction of facilities, costs, bidding and administration of the project �4. Arbitration. Any controversy or dispute arising out of or relating to this intermunicipal agreement, or the breach thereof, shall be settled by arbitration. Such arbitration shall be conducted in Westchester County, in accordance with the rules of the American Arbitration Association in effect at the time of such arbitration. Any arbitrator selected shall be an engineer with experience in water systems. Judgment may be entered on any decision rendered by the arbitrator(s) in any federal or state court having the requisite jurisdiction. Each Village shall share equally the costs of the fees and expenses of the arbitrator selected. 5. Authority to Enter Into Agreement Each of the signatories to this Agreement warrants and represents that each has the power and authority to enter into this Agreement and that the Board of Trustees of the Village of Briarcliff Manor, the Board of Trustees of the Village of Sleepy Hollow and the Board of Trustees of the Village of Tanytown have authorized execution of this Agreement. 6. Waiver. Any waiver of any provision of this Agreement or any right hereunder shall not be deemed a continuing waiver and shall not prevent or stop such party from thereafter enforcing such provision or right. The failure to any party to insist on any one or more instances upon strict performance of any of the terms or provisions of this Agreement by the other shall not be construed as a waiver or relinquishment for the future of any such terms or provisions, but the same shall continue in full force and effect. 7. Modification. This Agreement contains the entire agreement between the parties and it can be modified or changed only by writing executed on behalf of the Village of Briarciiff Manor and Village of Tanytown. �( ) 8. Notices. All notices required hereunder shall be sent by certified mail, return receipt requested or via overnight mail or hand delivery, or by facsimile with original copy forwarded by first class mail to the respective parties at the addresses above set forth or to such other addresses as each may hereafter designate in writing. Notices shall be addressed to the attention of the Village Manager or Administrator and to the Mayor of the Village receiving the Notice. 9. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of New York. �3?0 I IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. VILLAGE OF BRIARCLIFF MANOR By: Michael S. Blau, Village Manager I VILLAGE OF TARRYTOWN By:. Drew Fixell, Mayor VILLAGE OF SLEEPY HOLLOW By:. Philip E. Zegarelli, Mayor I �STATE OF NEW YORK COUNTY OF WESTCHESTER ) ) ss.: On the day of , in the year 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL BLAU, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF WESTCHESTER ) ) ss.: On the day of , in the year 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared DREW F1XELL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF WESTCHESTER ) ) ss.: On the day of , in the year 2006, before me, the undersigned,, a Notary Public in and for said State, personally appeared PHILIP E. ZEGARELLI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public �Meeting Date: Resolution #: 01/31/06 01/09/06 RESOLUTION ADOPTING LICENSE AGREEMENT ICHABOD'S LANDING AND THE VILLAGE OF SLEEPY HOLLOW WHEREAS, on October 28, 2003, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) concluded an environmental review with the adoption of an Environmental Findings Statement (EIS) for the proposed Ichabod's Landing mixed use riverfront development; and WHEREAS, Ginsburg Development, LLC (the Applicant) did modify the proposed plan so that now consists of 44 townhouses in four buildings, 2,900 square feet of retail, 131 off-street parking spaces and related accessory uses, approximately 30 percent of the site proposed to be dedicated to the Village as open space and proposed improvements to the Village's Horan's Landing Park (the Proposed Action); and WHEREAS, the Village Board, acting in its capacity as Lead Agency under the State Environmental Quality Review Act (SEQRA) of the State of New York, did conclude, after rigorous review and scrutiny, that the Proposed Action did mitigate to the maximum extent practicable, those identified environmental impacts; and WHEREAS, during the course of the environmental review the Lead Agency did examine the potential environmental impacts related to the Proposed Actions, including those associated with the improvements to Horan's Landing; and WHEREAS, on December 2, 2003, the Village Board granted a Special Permit and Conceptual Site Plan Approval for the proposed Action and in the course of the approval process the Applicant offered to make specific improvements to Horan's Landing as well as additional connections to existing and future public parkland ; and WHEREAS, in partial consideration for public improvements the Village has offered to allow the applicant to use a portion of Horan's Landing as a temporary staging area in connection with Horan's Landing improvements as well as construction of improvements on the Ichabod's Landing site and installation of temporary sales trailer and visitor parking, specific details of which are contained in the attached License Agreement; and WHEREAS, the Village Board has received correspondence from the Applicant requesting an extension of the subject License Agreement until the first week of June 2006 and has offered to donate the sales trailer to the Village for its senior center project; and �NOW, THEREFORE, BE IT RESOLVED, that this Resolution does extend the term of the License Agreement between the Village of Sleepy Hollow and the Applicant based on the terms and conditions as outlined in the executed License Agreement document up to and through the first week of June 2006; and BE IT FURTHER RESOLVED, that the Mayor and entire Board of Trustees herein expresses its strong appreciation to Ginsburg Development, LLC for the generous offer of donation of the sales trailer to assist the Village with the development of the Sleepy Hollow Senior Citizen Center. Moved: Trustee DiFelice Seconded: Trustee Capossela Vote: Unanimous �5N ^ > ^ LANDING SLEEPY-HOLLOW December 5, 2005 ri Q Mayor Philip Zegarelli & Members of the Planning Board Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 RE: ICHABOD'S LANDING/HORAN'S LANDING LICENSE AGREEMENT Dear Mayor and Members of the Board: The Village graciously extended to GDC permission to set up the Sales and Construction trailers along with a storage trailer on a portion of Horan's landing for a period of eighteen months in June of 2004. At that time the Village was also kind enough to offer two three month extensions as indicated on page five, section 4 of the License Agreement. I am requesting the village grant the two three month extensions as the construction duration has exceeded the initial estimate due to GDC's late start in building construction. Currently we have completed and closed Building Four. Buildings Three and Two exteriors will be complete by the first week of the New Year. Exterior finishes will begin on Building One in the first week of the New'Year. I anticipate completing Building One's exterior in eight to ten weeks. The site work is completed at Building Four; the courtyard area is half complete. The water front portion of the esplanade is complete. We will continue with site work uniil the weather forbids us to do anymore. We will then resume in mid March. I anticipate having all site work complete by the end of May. Our projected Last closing is the first week of June. 1 am confident that this extension will help me to achieve the community's completion and the trailer remov.-.-] by the first week of June 2006. I look forward to your response of my request. Best Regards. Eric Dallendorfer ! ' \' S'dFS CEWTFR: -'-"' /v>'t r .V'V^f -VVtT'. Hc>H: ,v 'V ) ! ': r 0I PHONE: (°!4)H2-!FW * FAX: (°M'332-0730 �7 IJ Meeting Date: 01/31/06 Resolution No: 01/ 10/06 EXHIBIT A RESOLUTION Right of First Refusal 126 Valley Street Sleepy Hollow, New York 10591 WHEREAS, the County of Westchester desires to purchase and then convey approximately 19,525 square feet of real property located at 126 Valley Street in the Village of Sleepy Hollow to Sleepy Hollow, LLC for the purpose of providing affordable housing for a period of forty years; WHEREAS, the County of Westchester has offered the Village of Sleepy Hollow the opportunity to purchase said property subject to any applicable subdivision requirements and under the following terms and conditions: 1. For use in perpetuity for park and municipal recreation purposes for the sum of one dollar ($1.00); 2. For other municipal purposes at the current appraised value as determined by the Board of Legislators, or for no more than the same consideration for which it is proposed to be sold to Sleepy Hollow, LLC , whichever is less; 3. Deeds conveying said Property to the Village for either purpose shall include clauses specifying said purpose and that the property shall revert to the County if it is not utilized for that purpose within five (5) years or at any time that such specifically enumerated use ceases; 4. The Village of Sleepy Hollow shall elect to make such purchase within ninety days of its receipt of the aforesaid offer from the County or within any greater length of time that may be provided for in a written agreement of the County with the Village; 5. This opportunity to purchase this property shall not constitute a right to purchase and may be withdrawn by the County at any time Now, therefore be it resolved, that the Village of Sleepy Hollow hereby declares its support for the aforesaid project; and be it further Resolved, that the Village of Sleepy Hollow waives and relinquishes any rights that it may have under the aforesaid opportunity to purchase said property. anuary . 2006 7!<--t^^^—> Moved: Trustee Capossela; Seconded: Trustee Grala; Vote: Unanimous �/estchester gov.com vr^T ^ X Andrew J. Spano County Executive t>^ \ok> ft JAM 1 7 2006 y Department of Planning \*v Gerard E. Mulligan, A i d ' Commissioner January 12,2006 ADMINISTRATOR Mr. Dwight Douglas Village Administrator Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: 126 Valley Street, Sleepy Hollow, New York Dear Mr. Douglas: I am writing to you concerning a piece of real property located at 126 Valley Street in the Village of Sleepy Hollow. The property consists of 19,525 SF+/- of land on the east side of Valley Street. The property is identified on the Town Tax Maps as Sheet 115.15, Block 3, Lot 39. The property is currently vacant used as a parking lot for the nine story apartment building located adjacent to the site and owned by the Village of Sleepy Hollow. The County desires to purchase the above referenced lot from Westchester Management Group that is currently in contract to purchase the property from the Village of Sleepy Hollow. The County will then convey the property to a developer, Sleepy Hollow, LLC. for the purpose of constructing affordable housing which will remain affordable for a period of forty years. The purchase price to be paid by Sleepy Hollow, LLC to the County for the property is One ($1.00) Dollar. The County is making the offer to the Village of Sleepy Hollow (Village) to purchase the property subject to any applicable subdivision requirements and the following conditions: • For use in perpetuity for park and municipal recreation purposes for the sum of one dollar ($1.00); • For other municipal purposes at the current appraised value as determined by the Board of Legislators, or for no more than the same consideration for which it is proposed to be sold to Sleepy Hollow, LLC, whichever is less; • Deeds conveying said property to the Village for either purpose shall include clauses specifying said purpose and that the property shall revert to the County if it is not utilized for that purpose within five (5) years or at any time that such specifically enumerated use ceases; 4H2 MuhaeliHii < >f'fict- Tiuilding 1 4H Marline .Avenur White I'hnn.-, NVw York lftfifil Telephone- (91 -l)99.r>-4-1(>0 Fax (914>99f>-9093 Wet .site: westohestergov com �()V\ Mr. Dwight Douglas January 12, 2006 Page 2 • The Village of Sleepy Hollow shall elect to make such purchase within ninety days of its receipt of the aforesaid offer from the County or within any greater length of time that may be provided for in a written agreement of the County with the Village; • This opportunity to purchase this property shall not constitute a right to purchase and may be withdrawn by the County at any time. It has been required by the Board of Legislators that if the Village does not desire to purchase this portion of the property, that the Village provide to the County Attorney a duly enacted resolution, act or local law by the Village of Sleepy Hollow declining the opportunity to purchase this portion of the property substantially in the form attached hereto as Exhibit A. Under the terms set by the Board of Legislators, the County cannot go forward with its planned affordable housing transaction until the County Attorney certifies to the Board that this offer has been made and that the Village has adopted the resolution annexed hereto. Accordingly, we would appreciate your consideration of this as soon as possible. If you should have any questions concerning this matter, please contact me at (914) 995-4402. Very truly yours, Gerard E. MuUigan ^Commissioner of Planning CC: Charlene Indelicato, County Attorney Norma Drummond, Deputy Commissioner Deborah DeLong, Director of Housing Susanne Marino, Program Administrator �612 I Meeting Date: Resolution #: 01/31/06 01/11/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Appointing Hearing Officer BE IT RESOLVED, that the Mayor and the Board of Trustees hereby appoint Mr. John Cavallaro as hearing officer to conduct a hearing with regard to the Village Administrator's December 29, 2005 denial of the Section 207-c Application of Officer Robert Sturgess, which was submitted to the Village Administrator on December 12, 2005. BE IT FURTHER RESOLVED, that Mr. Cavallaro is hereby designated and directed to hold a hearing with regard to the denial of Officer Sturgess' Section 207-c Application, and to submit the record of such hearing to the Mayor with his findings of fact and recommendations. Moved: Trustee Grala Seconded: Trustee Morales Vote: Unanimous �5/7 Meeting Date: Resolution No.: 01/31/06 01/12/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Civil Service Submission Creation of an Assistant Building Inspector Position WHEREAS, the Mayor and Board of Trustees working with the Building Inspector and the Village Administrator have reviewed the needs of the Village in terms of conducting concentrated code enforcement and inspection activities to reduce and eliminate overcrowding and illegal occupancy conditions which represent a looming fire hazard; and WHEREAS, after utilizing part time consultant services to carry out this important mission, the Mayor and Board of Trustees have determined that a full time position must be created to ensure that this vital function is adequately served; and WHEREAS, a job description has been prepared for submission to Westchester County Civil Service for the creation of this position and in the future to call for the list of eligible applicants and WHEREAS, said Assistant Building Inspection would work under the direct supervision of the Building Inspector in carrying out the duties of this position. NOW, THEREFORE, BE I T RESOLVED that the Village Clerk is authorized and directed to submit said job description to Westchester County Civil Service and to follow through on such steps as are necessary to create the position of Assistant Building Inspector. Moved: Trustee Morales Seconded: Trustee Murray Vote: Unanimous �Meeting Date: Resolution No.: 01/31/06 01/13/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of Ductwork and Air Handling Unit Cleaning Proposal WHEREAS, the Village of Sleepy Hollow has received a proposal from Advanced Air Quality, Inc. of 125 10th Street, Staten Island, New York 10306 to clean ductwork in Village Hall at a price of $3,635.00; and WHEREAS, the Village Administrator has reviewed said proposal to ensure that all ductwork in Village Hall will be cleaned as part of the proposal; and WHEREAS, this work is needed to be done to ensure that air quality in Village Hall meets recognizable standards. NOW, THEREFORE, BE IT RESOLVED that the Mayor is herein authorized to execute the attached letter contract and to take other steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Murray Seconded: Trustee DiFelice Vote: Unanimous �C-21-2005 09:52 PM AAQ INC ADVANCED AIR QUALITY INC. 125 10TH STREET STATEN ISLAND, NY. 10306 CORPORATE PHONE: (413)621-8600 F(413)732-2296 December 20, 2005 SLEEPY HOLLOW P O L I C E W A R T M E N T HL COURT HOUSE 26 BEEKMAN AVE. NORTH TARRYTOWN. NY. 10591 ATTN: CINDY VALENTINE ) Project # 79B8 Re: " DUCTWORK &.AIR HANDLING UNIT CLEANING - POLICE DEPARTMENT - TOWN HALL Dear Ms. Valentine, Thank you for allowing Advanced Air Quality, Inc. "AAQ" the opportunity to provide a proposal bid for cleaning the ductwork & air handling units located at Sleepy Hollow Police Department & Town Hall Court House in Sleepy Hollow, NY. AAQ is uniquely positioned to provide a wide variety of quality services dealing with indoor air solutions. After carefully reviewing the particular requirements for the above facilities, we have prepared a detailed proposal to clean the ductwork <s.air handling units. AAQ HAS CERTIFIED STAFF MEMBERS WITH 25 YEARS OF DUCT CLEANING EXPERIENCE. AAQ is fully insured. If you have any questions, please do not hesitate to call me at (413)821-8800. Sincerely. lames Van Houten President MASSACHUSETTS CONNECTICUT 3 W EAST COJLUMBUS AVE. SPRINGFIELD, MA. 01)05 HEWYOIK VERMONT NEW HAMPSHIRE 125 10 TW STREET STATSN ISLAND. MX 10906 �05 09:52 PM AAQ INC SCOPE OF SERVICES TO BE PERFORMED AAQ PROPOSES TO CLEAN THE DUCTWORK & AIR HANDLING UNITS LOCATED AT SLEEPY HOLLOW POLICE DEPARTMENT & TOWN HALL COURT HOUSE IN SLEEPY HOLLOW, NY.. AAQ WILL SUPPLY ALL LABOR, MATERIALS AND EQUIPMENT REQUIRED TO CLEAN THE DUCTWORK & UNITS. WORK WILL BE PERFORMED BASED UPON A MUTUALLY AGREED SCHEDULE. CLEANING PROCEDURE FIELD • PERSONNEL AAQ WILL HAVE A MANAGER ON SITE TO START AND FINISH THE PROJECT. AAQ WILL HAVE ACCESS TO MANAGEMENT AT ANY TIME DURING THE PROJECT. LOCK-OUT/TA » THE SYSTEM(S) MAY BE LOCKED OUT/TAOGED OUT BY A MANAGER OF AAQ AND THE CUSTOMER. PROTECTIVE • G-OUT COVERING AREAS WHERE THE WORK IS BEINO PERFORMED MAY BE COVERED WITH PLASTIC OR DROP CLOTHS. REGISTERS/VENTS • THE REGISTERS AND VENTS WILL BE WASHED OR VACUUMED WITH HEPA-FILTERED VACUUMS FOR APPEARANCE REASONS. ACCESS PORTS/END » CAPS ACCESS PORTS WILL BE CUT INTO THE DUCTWORK WHERE NECESSARY TO DO A THOROUGH JOB. AFTER THE CLEANING IS COMPLETE FROM THE PORT HOLES, THE DUCTWORK WILL BE SANITIZED AND SEALED WITH AIR DUCT ENCAPSULANT. THE PORT HOLES WILL THEN BE SEALED WITH OVERLAPPING SHEET METAL PLATES (SEALED AIR TIGHT). �2005 09!52 PM AAQINC HEPA-VACUUMS (1.000 cfm.) • INDUSTRIAL HEPA(H1GH EFFICIENCY PARTICULATE ARRESTERS) FILTERED VACUUMS ARE USED TO VACUUM THE DEBRIS FROM THE SYSTEM. AIR HANDLING UNITS • EACH UNIT WILL BE HEPA-VACUUMED AND THE COILS WILL BE CLEANED. THE INTERIOR INSULATION WILL BE CHECKED FOR WEAR & TEAR IF THE INSULATION IS BREAKING APART, THE SCHOOL WILL BE NOTIFIED RIGHT AWAY. CLEANUP • ANY PROTECTIVE COVERING IS REMOVED, AND WHERE NECESSARY THE FLOORS WILL BE VACUUMED OR SWEPT. OXINE- WILL BE APPLIED THROUGHOUT THE AIR VENTILATION SYSTEM. THE SANITTZER WILL BE FOGGED DOWNSTREAM ONTO THE INTERIOR SURFACES OF THE DUCTWORK. OXINE KILLS GERMS, BACTERIA AND MOLD. AIR DUCT ENCAPSULANT - WILL BE APPLIED IN HARD TO REACH AREAS. THE ENCAPSULANT WILL SEAL ANY LOOSE OR SOILED PARTICLES THAT MAY BE IMPOSSIBLE TO REMOVE WITH STANDARD VACUUM EQUIPMENT. (N/A) COMPLETION - THE PROJECT MANAGER SHALL PROVIDE A REPORT TO THE CUSTOMER INDICATING THE FOLLOWING: A) SUCCESS OF THE CLEANING, AS CERTIFIED THROUGH THE VISUAL INSPECTION. B) AREAS OF THE SYSTEM FOUND TO BE DAMAGED AND/OR IN NEED OF REPAIR. A CERTIFICATE OF INSURANCE WILL BE SENT WHEN AAQ IS AWARDED THE PROJECT. �2095 09:S3 PM AAQINC CLEANING SERVICE FEES PLACE OF SERVICE: SLEEPY HOLLOW POLICE DEPARTMENT & TOWN HALL POUCE DEPARTMENT. SANITIZE THE SYSTEMS CLEAN THE AIR HANDLING UNITS • COURTHOUSE HAIL..~ SANITIZE THE SYSTEM CLEAN THE THREE UNITS $ 990.00 $ 90.00 % 85.00 $ 2320.00 $ 150.00 NO CHARGE NOTE: EACH AREA WAS PROPOSED SEPARATELY AND CLEANED SEPARATELY. LAST CLEANING*, two yean ago JOB DATE APPROVAL TO PERFORM SERVICES PAYMENT TERMS: NET 30 DAYS START TIME DATE �r'D Meeting Date: Resolution No.: 01/31/06 01/14/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratifying Submission of Funding Requests WHEREAS, Congresswoman Nita Lowey has solicited funding requests for municipal projects for the upcoming Federal 2007 budget appropriation process; and WHEREAS, the Village has identified two key projects for said funding and has prepared grant applications attached hereto for funding support for the Sleepy Hollow Senior Center and restoration of the 1883 Lighthouse at Sleepy Hollow, and WHEREAS, the Board now wishes to convey its strong support for these two funding requests. NOW, THEREFORE, BE IT RESOLVED that the actions of the Mayor in transmitting said funding requests to Congresswoman's office is herein ratified and strongly supported; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all steps to effectuate the intent of this resolution. Moved: Trustee DiFelice Seconded: Trustee Capossela Vote: Unanimous �5Z(P I Village of Sleepy Mellow ^)i°Ik Philip E. Zegarelli Mayor Direct Cellular (914)366-5107 (914)879-4391 Facsimile (914) 631-5880 More than a Legend January 25, 2006 pzegarelli@aol.com Ms. Patricia Keegan District Director Hon. Nita M. Lowey, Member of Congress 222 Mamaroneck Avenue, Suite 310 White Plains, NY 10605 I RE: Funding Requests FY 2007 Dear Pat: Enclosed are summaries of the two projects that the Village is requesting funding assistance through your office. Of the two requests, by far the most important is the funding for Phase I I of the Sleepy Hollow Senior Center Project. As you are no doubt aware, the Village has made considerable progress, with your office's assistance and a substantial grant from the Ginsburg Development Corp., to enable us to construct a $500,000 Phase I section of the new senior center which we hope to have completed by late summer or early fall of 2006. Phase II will provide for the construction of the main meeting room designed to provide seating for approximately 150 seniors along with bathroom, kitchen and other related rooms. The Village's senior population is active, moderately low income with long and deep ties to the community. Our ongoing projects indicate an ever growing senior population. The present location for holding their meetings, which you have visited, can only be typified as inadequate, both by size and available floor layout. The facility is currently owned by a religious entity and occupied by our seniors on a rental basis. Your strong support for this project is most important to the Village and our seniors. The second project the Village requests support for is the restoration of the 1883 Lighthouse at Sleepy Hollow. In 2004, the Village took over responsibility for the maintenance and operation of Kingsland Point Park including the Lighthouse from Westchester County. We do not receive any financial support from them. This national registered listed property needs attention well beyond the Village of Sleepy Hollow's financial capability. It is one of the treasures of the Valley and must be preserved. We have sought assistance from the Hudson River Improvement Fund for engineering and 28 Beelcman Avenue * Sleepy Hollow, New York 10591 (914) 366-5100 • www.sbepybollowiiy.org �preservation architect services, but from our initial work with engineering and architectural persons, we have identified certain key components of any restoration plan which must be addressed as soon as possible. All improvements will obviously be undertaken to meet the Secretary of the Interior's standards. Please let me know if you need any additional information. I look forward to your continued support and help. Cc: Board of Trustees Dwight H. Douglas Fiona Hodgson Enclosures PEZ:sgs �V. Hon. Nita M. Lowev Appropriations Funding Request F o r m FISCAL YEAR 2007 Title of Project: Sleepy Hollow Senior Center Date s u b m i t t e d : January 24, 2006 Requested By (municipality/institution/organization): Village of Sleepy Hollow Primary Contact (name, title, address, e-mail, phone, fax): Mayor Philip E. Zegarelli, 28 Beekman Avenue, Sleepy Hollow, NY 10591 email: pzegarelli@villageofsleepyhollow.org phone: (914) 366-5107 fax:(914)631-5880 Secondary Contact (name, title, address, e-mail, phone, fax): Dwight H. Douglas, Village Administrator, 28 Beekman Avenue, Sleepy Hollow, NY 10591 email: ddouglas@villageofsleepyhollow.org phone: (914)366-5105 fax: (914)332-7074 Project Summary: Phase II construction of the village's new Senior Center Priority # (as compared to other requests from same requestor): 1 Total Project Cost: $2476267 Total Request f o r Federal Appropriations Funding: $1,000,000 Have y o u applied for State f u n d i n g as well? Yes - received $25,000 grant Federal Appropriations Funding History for this Project (if applicable): FY06 A p p r o p r i a t i o n : $0 FY04 A p p r o p r i a t i o n : $124,263 FY05 Appropriation: $0 FY03 A p p r o p r i a t i o n : $0 Have y o u submitted this request through any other Members of C o n g r e s s or Senators? If so, w h i c h one(s)? No Have y o u applied for competitive grants to fund this project? If s o , w h i c h one(s) and w h e n ? Were y o u successful? Yes. CDBG, 2006-2007, $425,000 pending Union State Bank Foundation, February 2005, $2,500 funded Ginsburg Development Corporation, June 2005, $5,000 funded Ginsburg Development Corporation, December 2005, donation of phase I offices and meeting room, value approximately $200,000 Are State or local matching funds available if required? Yes �V Please include a description of the project, including a budget breakdown and timeline, to justify the amount requested. Please do not use more than one page for your description. The project consists of the construction of the Sleepy Hollow Senior Center. The Center will be constructed in two phases: phase I is fully funded and will be completed in Fall 2006. Funds are requested for phase II construction, presently scheduled to commence in Spring 2007. Currently senior citizen activities are carried out in different locations. The main site at Holy Cross hall is in substandard condition with outmoded facilities, no handicap accessibility and inadequate fire protection systems. The new Sleepy Hollow Senior Center will provide a central, safe and modern center to serve the village's senior population for the foreseeable future. The one-storey 6,684 square foot building will contain offices, a small conference room, bathroom and coffee room (phase I) and a large meeting & dining room, modern kitchen, lounge, multi-purpose room and bathrooms (phase II). (Please refer to the floor plan prepared by the village architect.) Here a full range of program activities will be offered, including seminars on various health and financial subjects, low-impact aerobics classes, the senior citizen nutrition program, and routine health screenings. Here recreation and social needs will be met, regular scheduled administrative and organizational meetings held, and outings and trips organized. 2005 was a major step forward for the Village of Sleepy Hollow. Grants totaling $156,763 were obtained and a donation of the phase I offices and conference room, valued at approximately $200,000, was made by the Ginsburg Development Corporation. Plans are underway to install these offices at the site of the new senior center. These grants and donation have fully funded phase I of the senior center project, and work is scheduled to begin. Soil tests are about to be conducted so that site preparation can be done in the spring. When phase I is completed in October 2006, we will immediately begin phase II, the final design and construction of the main meeting room building. The new center will be located on a village-owned lot previously used for 51 off-street parking spaces. The parking is moving across the street where a new $600,000 parking lot is almost complete and will provide 158 spaces. Complementing the senior center and adjoining its site, Bamhart Park is being dramatically expanded and renovated by the village, with County assistance, at a total cost of $2,000,000. In addition, streetscape improvements are planned during 2006 for Andrews Lane, the main access to the center, and Elm Street, the street that runs in front of it, using $200,000 in CDBG funds. The senior center, located in the heart of Sleepy Hollow's inner village, is a key component of a planned comprehensive Neighborhood Revitalization Program. It will serve to stabilize this ethnically diverse, lowincome neighborhood, and encourage new investment. Also, based on a survey conducted in Fall 2005, 94.5% of seniors currently served by the village's senior citizen programs are low or moderate income. The timeline of both phases of the project: Phase I Soil tests 2006 February 2006 March-Apr Finalize construction drawings 2006 May-June Site preparation Pour foundation and set up utilities 2006 July 2006 Aug-Sept Phase I building installations Complete landscaping 2006 October Grand Opening 2006 Nov 1 Phase II 2006 October 2007 Nov-Feb 2007 March 2007 April 2007 May 2008 May Design development drawings Complete construction drawings Bid out construction Award job Start phase II construction Construction complete Phase I of the project is fully funded. Budget for $356,580 $990,500 $198,100 $237,720 $198,100 $1,981,000 Phase II: Site work 18% General Construction Electrical Contract 10% Mechanical Contract 12% Plumbing Contract 10% Estimated Construction Cost $198,100 Schematic Contingency 10% $297,167 Construction Admin 15% $2,476,267 Total Project Cost �SEAN E. MCCARTHY ARCHITECT 16 Maple Street, Sleepy Hollow, New York 10591 (914) 548-6376 MEMORANDUM Date: January 17, 2006 To: Dwight Douglas, Village Administrator Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 From: Sean E. McCarthy, Village Architect Re: Proposed Senior Center Elm Street Sleepy Hollow, New York 10591 As per your request, the following is a breakdown of the estimated cost of the proposed one story, 6,684 SF Senior Center. The breakdown is grouped by the five major contracts anticipated for the project. This estimate is for the phase II portion of the project. Site work 18% = $ 356,580 General Construction 50% = $ 990,500 Electrical Contract 10% = $ 198,100 Mechanical Contract 12% = $ 237,720 Plumbing Contract 10% = $ 198,100 Estimated Cost of Construction $1,981,000 Schematic Contingency 10% Construction Administration 15% $ 198,100 $ 297,167 TOTAL PROJECT COST $ 2,476,267 END OP MEMORANDUM �' • / ; ' > I H o n . Nita M. Lowev Appropriations Funding Request F o r m FISCAL Y E A R 2007 Title of Project: 1883 Lighthouse at Sleepy Hollow Date submitted: January 26, 2006 Requested By (municipality/institution/organization): Village of Sleepy Hollow Primary Contact (name, title, address, e-mail, phone, fax): Mayor Philip E. Zegarelli, 28 Beekman Avenue, Sleepy Hollow, NY 10591 email: pzegarelli@viliageofsleepyhollow.org phone: (914) 366-5107 fax: (914)631-5880 Secondary Contact (name, title, address, e-mail, phone, fax): Dwight H. Douglas, Village Administrator, 28 Beekman Avenue, Sleepy Hollow, NY 10591 email: ddouglas@villageofsleepyhollow.org phone: (914) 366-5105 fax: (914) 332-7074 I Project Summary: Exterior restoration of the 1883 Lighthouse at Sleepy Hollow Priority # (as compared to other requests from same requestor): 2 Total Project Cost: $123800 Total Request for Federal Appropriations Funding: $123,800 Have you applied for State funding as well? No Federal Appropriations Funding History for this Project (if applicable): FY06 Appropriation: $0 FY05 Appropriation: $0 FY04 Appropriation: $0 FY03 Appropriation: $0 Have you submitted this request through any other Members of Congress or Senators? If so, w h i c h one(s)? No Have you applied for competitive grants to fund this project? If so, which one(s) and when? Were you successful? Yes. Hudson River Improvement Fund, October 2005, $19,900 pending. This grant, however, is to pay for architectural services to develop an interior restoration program. Our request for appropriations funding is to conduct the actual restoration work on the exterior. Are State or local matching funds available if required? No 6 �O 3j2 Please include a description of the project, including a budget breakdown and timeline, to justify the amount requested. Please do not use more than one page for your description. The Village is requesting funds to undertake a comprehensive program of exterior work which is vitally needed to preserve and protect the integrity of the 1883 Lighthouse at Sleepy Hollow. The 1883 Lighthouse at Sleepy Hollow is included in the State and National Registers of Historic Places. It is an important structure, containing artifacts that date back to the period when it was actually occupied by a lighthouse keeper and his family, that allows the public to experience our history by walking through it. The lighthouse is an opportunity for school children and the public to see firsthand life as it was a century ago, and to learn more about the historic and environmental importance of the Hudson River. Sadly, over the past several decades, the Lighthouse has experienced a slow deterioration, including that from water entry, which is endangering its stability and active use. The roof (two levels) and midlevel window systems leak, as do the metal windows in the lamp room; the deck and railings need structural repairs and the installation of safety features; the door to the deck needs to be replaced with an historic door; bricks need to be repointed; new exterior lighting installed; and the structure needs to be primed and painted. This and more work is necessary to put the Lighthouse into a state-of-good-repair. • Two years ago, pursuant to the Inter-Municipal Agreement with the County of Westchester, the Village of Sleepy Hollow took over responsibility for the maintenance and upkeep of the 1883 Lighthouse at Sleepy Hollow, while the County maintained ownership. Since that time, an upgraded program of cleaning, minor maintenance, and improved management has been implemented. But with the years of wear and water damage unaddressed for so long, the need is urgent for a major capital project to rescue and preserve this symbol of our Hudson River tradition for contemporary use and the enjoyment of future generations. Fortunately improvements to the interior of the Lighthouse are not as urgent, as it is still in adequate condition to be used for tours and educational visits. The Village will contract with a historic preservation architect, James W. Rhodes, FAIA of Preservation Design in Croton-on-Hudson, NY to evaluate the interior condition of the Lighthouse and develop a comprehensive restoration program. Grant monies are being sought from the Hudson River Improvement Fund to cover Mr Rhodes' evaluation. It is the Village's plan, once the exterior is restored, to begin a project to restore the interior of the Lighthouse. The 1883 Lighthouse abuts a major waterfront redevelopment project at the former General Motors site which has been aptly named "Lighthouse Landing". In the development of plans for the Devitalization of this area, the Village has worked closely with organizations such as Scenic Hudson, New York State DEC, Historic River Towns of Westchester, The Riverkeeper and Hudson River Lighthouse Coalition, all of whom will readily acknowledge the importance of preservation of the Lighthouse. The Village will work closely with the NYS Office of Parks, Recreation and Historic Preservation on this I work as well as meeting the standards of the Secretary of the Interior. BUDGET TIMELINE $32,000 Metal roof repair $10,000 Lamp room window replacement $16,000 Window restoration $ 4,000 Exterior door & hardware replacement $ 1,800 Exterior door & hardware repair $ 6,000 Deck repairs $ 2,500 Metal railing repair $ 3,000 Miscellaneous metal repairs $ 4,500 Lighting $28,000 Painting $16,000 Construction management $123,800 2007 April-May Develop construction specifications to Secretary of the Interior standards 2007 June Bid out the project 2007 July-Nov Construction �)' J I Meeting Date: Resolution #: 01/31/06 01/15/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approve Annual Consultant Services Agreements (Revised) WHEREAS, proposals were solicited from consulting firms providing professional and technical services to the Village and said proposals were reviewed and discussed and consensus reached by and between the Village Administrator, Mayor and Board of Trustees. NOW, THEREFORE, BE IT RESOLVED that the Village Board herein approves contract renewals for the 2005-06 fiscal year to provide the following services: Engineering: • In house projects and projects funded with state, federal and county grants: Hahn Engineering, 20 Milltown Road, Suite 10, Brewster, NY 10509. • General Site Plan/Environmental review: Dolph Rotfeld Engineering, P.C., 200 White Plains Road, Tarrytown, NY 10591. • Site Plan review - Phelps Memorial Hospital: Charles A. Manganaro Consulting Engineers, 65 East Route 4, River Edge, NJ 07661. I Financial and Technical: • Auditing: Bennett Kielson Storch DeSantis & Company, One Barker Avenue, White Plains, NY 10601. • Accounting Support: DeMilia and Honigman, 555 Pleasantville Road, Suite 210 North, Briarcliff Manor, NY 10510. • Bond Underwriting: Public Finance Associates, North Hopewell Plaza, 1075 Route 82, Suite 4, Hopewell Junction, NY 12533. • Bond Counsel: Squires, Sanders & Dempsey, 350 Park Avenue, New York, NY 100226022. • IT support: Totally Wired, Inc., 28 Secor Lane, Hopewell Jet., NY 12533 I �I Planning: • Saccardi & Schiff, 245 Main Street, White Plains, NY 10601. Legal: IB • Village Attorney: Robert J. Ponzini, Gaines, Gruner, Ponzini & Novick, One North Broadway, White Plains, NY 10601. • Special Counsel for Development: Keane & Beane, One North Broadway, White Plains, NY 10601. • Village Prosecutor: to be finalized Assessment: • Village Assessor: Balog Consulting Corporation, 303 South Broadway, Tarrytown, NY 10591 (Note: with expanded tax certiorari responsibilities). Moved by: Trustee Capossela I Seconded by: Trustee Grala Vote: Unanimous �I Meeting Date: 01/31/06 Resolution #: 01/16 /06 Resolved: That voting machines be used in the forthcoming Village Election to be held on Tuesday, March 21, 2006. Moved: Trustee Grala Seconded: Trustee Morales Vote Unanimous Resolution #: 01/17/06 Resolved: That the Village Clerk be directed to pay to each polling district location the sum of $125.00. Moved: Trustee Grala Seconded: Trustee Morales Vote: Unanimous Resolution #: 01/18/06 Resolved: That the Village Clerk be authorized to publish and post the proper Election Day notices and also purchase the necessary supplies. Moved:Trustee Grala Seconded:Trustee Morales Vote: Unanimous Resolution #: 01/19/06 Resolved : That, Inspectors of Election for the Village of Sleepy Hollow be appointed to serve on Election Day, March 21, 2006 in accordance with Section 15-116 (1) of the Election Law. Inspectors will be paid $150.00 for the day and the Chairperson of each district will be paid $160.00 for the day. Moved:Trustee Grala Seconded:Trustee Morales Vote: Unanimous �Meeting Date: 01/31/06 Resolution#: 0 1 / 2 0 / 0 6 Be it resolved that the Assessor of the Village of Sleepy Hollow has prepared the Tentative Assessment Roll for the current year, and that said Assessment Roll will be filed with the Village Clerk at her office in the Municipal Building, 28 Beekrnan Avenue, Sleepy Hollow, New York on February 1, 2006 where it may be seen and examined by any persons at all times during business hours between 8:30 AM and 4:30 PM until the 21 st day of February 2006 and that on such day in the Board Room, Municipal Building, 28 Beekman Avenue, in said Village between the hours of 4PM and 8PM, the Board of Trustees of said Village will meet for the purpose of hearing complaints in relation thereto, on the application of any person considering himself aggrieved thereby. Moved: Trustee G r a l a Seconded: Trustee Murray Vote: Unanimous �Meeting Date: Resolution 01/31/06 //: 01/21/06 PFROT TITTON AWARllTNH TRFH FOR TtTR P T m r H A R F O F FfRF. APPAPATTTQ POP. THE RESCUE HOSE FIRE COMPANY WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") in recognition of its need to provide fire protection to its residents and property owners and at the request and recommendation of its Rescue Hose Fire Company ("Rescue Hose") solicited bids for the purchase of a new fire apparatus for that fire company, and WHEREAS, detailed bid specifications were prepared by a committee of experience firefighters who serve as members of Rescue Hose, and WHEREAS, tho.se bid specifications not only provided for an apparatus that satisfies the firefighting needs of Sleepy Hollow, but also complies with the unique space and size requirements of Rescue Hose, and WHEREAS, pursuant to the laws of the State of New York, these specification were circulated and noticed for bid returnable first on October 12,2005, and WHEREAS, upon the advice of Rescue Hose, all bids were rejected and re-bid and made returnable on January 4, 2006, and WHEREAS, upon receipt of those bids, after an exhaustive and thorough review by Rescue Hose and Sleepy Hollow, it was determined that the bid submitted by Tyler Fire Equipment on behalf of Pierce Fire Apparatus was the lowest and most responsible bidder that conformed with the bid specifications, NOW THEREFORE BE IT RESOLVED, that Tyler Fire Equipment as representative of Pierce Fire Apparatus is awarded the bid for the Rescue Hose Fire apparatus in the amount of $624,977.00 upon compliance with the remaining terms and conditions of the bid documents. Moved: T r u s t e e Murray •" - — i f a .. On roll call vote: Seconded: T r u s t e e D i F e l i c e • ••• n • »«—. — P . . . — « — — — w w w — m m m m m » p — — — • — — vote: Unanimous i...n - Trustees DiFelice, Capossela, Murray, Grala and Morales voted YES, Mayor Zegarelli voted �S I Meeting Date: R e s o l u t i o n //: 01/31/06 01/22/06 RESOLUTION SETTLING PROPERTY DAMAGE CLAIM OF MOEHRING(ALLSTATE) V. VILLAGE OF SLEEPY HOLLOW WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow'*) through it Department of Public works, was involved in an automobile accident with Moehring on February 11, 2004 and WHEREAS, Sleepy Hollow has previously admitted liability and settled this claim, and I WHEREAS, Allstate has commenced an action in subrogation on behalf of Moehring for damages, and WHEREAS, Sleepy Hollow has compromised that amount to $1,800 and is in receipt of a general release, and WHEREAS, Sleepy Hollow recognizes that it has no defense to this claim and that the amount settled for is fair and iust, NOW THEREFORE BE IT RESOLVED that Sleepy Hollow settles this claim in the amount of $1,800 and authorizes payment in that amount to be forwarded to Allstate Insurance in care of tbeir attorneys. Moved: T r u s t e e D i F e l i c e .Seconded: T r u s t e e C a n o s s e l a Vote: Un an imp u s :: ? C^ �Meeting Date: 01/31/06 Resolution #: 01/23/06 Be it Resolved that the request for permission to hold a St. Patrick's Day Parade on March 12, 2006 starting at 1:30PM for two hours be granted to Mary Grace DiClemente, coordinator of the event. Moved: Trustee DiFelice Seconded: trustee Capossela Vote: Unanimous � 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-2006 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_2006-01-31 Subject The topic of the resource Board of Trustees Minutes-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 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 https://sleepyhollow.localarchives.org/files/original/9add0ecd5bff0aba7f26a77b9f354e09.pdf d196a0d86155e44e6363ca0d2e85abca PDF Text Text Hijn I 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 17th, 2006 at 7:15 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 Sandra Morales Tommy Capossela Kay Grala Richard Spota i Trustees Also Present: Dwight H. Douglas, Village Administrator Lieutenant Campbell Sean McCarthy, Village Architect At 7:20 p.m. Mayor Zegarelli called the board into executive session to discuss personnel and contractual issues. The board came out of executive session at 7:30 p.m. and continued with its work session agenda. At 8:45 p.m. on a motion of Trustee DiFelice, seconded by Trustee Grala, the Board entered into special session. On a motion of Trustee DiFelice, seconded by Trustee Spota and subject to the review and signofTof the subject Trustee subcommittee chairpersons and the further review and approval of the Mayor and acting Village Treasurer the warrant of January 17th, 2006 and any vouchers as consolidated in said warrant were unanimously approved. The attached resolutions R-l through R-4 were acted on as noted therein. An additional resolution, R-5, was offered by the Mayor as follows: I "Resolved that, in order to facilitate the review and board determination of the Draft FEIS for the Lighthouse Landing Project, the regular meeting of the Board of Trustees be moved from January 24th , 2006 at 8 p.m. to January 31 st , 2006 at 8 p.m." The resolution was moved by Trustee Murray, seconded by Trustee DiFelice and carried unanimously. At 9:00 p.m. on a motion of Trustee DiFelice, seconded by Trustee Grala the special meeting was adjourned. Respect ftilly^subm Dwight RrDouglas, Villafee^Administrator �Meeting Date: Resolution No.: 01/17/06 01/01/06 Village of Sleepy Hollow, New York Resolution of the Board of Trustees Authorizing SMSI Grant Submission WHEREAS, the Village of Sleepy Hollow is currently acting as lead applicant for a consortium of municipalities in applying for and administering two stormwater management grants; and WHEREAS, the Village of Sleepy Hollow is desirous of continuing this role in regard to a new grant opportunity to assist with stormwater management functions. NOW, THEREFORE, BE IT RESOLVED that a resolution of the Board of Trustees of the Village of Sleepy Hollow, New York herein authorizes the Village Administrator, Dwight Douglas to submit an application as lead applicant to the New York State Department of State for a grant under the Shared Municipal Services Incentive Grant Program for the 2005-2006 Program year. The grant application will be for a project titled "Stormwater Catchbasin Location and Identification"; and BE IT FURTHER RESOLVED that the Village Administrator, Dwight Douglas, is herein designated the "Lead Applicant Contact Person" and is authorized to coordinate and process all financial and/or administrative matters relating to this grant application. BE IT FURTHER RESOLVED that the maximum amount of money being applied for through this program shall be $90,000. The local share to be provided by consortium members shall be $10,000.00. The Village of Sleepy Hollow shall provide as its share of the local match a maximum of $2,000.00. The project co-applicants include: Village of Sleepy Hollow, New York Village of Ardsley, New York Village of Dobbs Ferry, New York Village oi" Elmsford, New York Village of Irvington, New York Village of Hastings-on-Hudson, New York Village of Mt. Kisco City of Peekskill, New York Lead Applicant Co-Applicant Co-Applicant Co-Applicant Co-Applicant Co-Applicant Co-Applicant Co-Applicant; and BE IT FURTHER RESOLVED that the municipal consortium shall be responsible for project development, implementation and completion including securing the services of a Professional Engineering Firm to act as Project Manager and Lead Consultant. The municipal consortium shall establish an advisory committee which shall oversee the work of the Project Manager/Lead Consultant. Motion: Trustee Spota Seconded: Trustee Capossela Vote: Unanimous �Village(City) of , New York Resolution No.: A resolution of the (name of governing body) of the (name of municipality) to act as a co-applicant in the submission of an application to the New York State Department of State for a grant under the Shared Municipal Services Incentive Grant Program for the 2005-2006 Program year. The grant application will be for a project titled "Stormwater Catchbasin Location and Identification". The (name of designated individual and title) is designated the "Co-Applicant Contact Person" and is authorized to act on behalf of the (name of municipality) with respect to this grant application. The maximum amount of money being applied for through this program shall be $90,000. The local share to be provided by consortium members shall be $10,000.00. The (name of municipality) shall provide as its share of the local match a maximum of $2,000.00. The project co-applicants include: Village of Sleepy Hollow, New York Village of Ardsley, New York Village of Dobbs Ferry, New York Village of Elmsford, New York Village of Irvington, New York Village of Hastings-on-Hudson, New York Village of Mt. Kisco City oi'Peekskill, New York Lead Applicant Co-Applicant Co-Applicant Co-Applicant Co-Applicant Co-Applicant Co-Applicant Co-Applicant The municipal consortium shall be responsible for project development, implementation and completion including securing the services of a Professional Engineering Firm to act as Project Manager and Lead Consultant. The municipal consortium, shall establish an advisory committee which shall oversee the work of the Project Manager / Lead Consultant. Governing Board Members Voting �s (i<- I Meeting Date: Resolution #: 01/17/06 01/02/06 Resolution of the Board of Trustees of the Village of Sleep Hollow Ratifying Mayor's Execution of Westchester County Contract 2006 STOP-DWI Patrol/Datamaster Project WHEREAS, the Village of Sleepy Hollow Police Department presently participates in a Westchester County initiative called 2006 STOP-DWI Patrol/Datamaster Project as more fully described in the annexed contract; and WHEREAS, the Village of Sleepy Hollow Board of Trustees, as recommended by Chief Jimmy Warren, wishes to continue participation in this initiative. NOW, THEREFORE, BE I T RESOLVED that the Village Board herein ratifies the Mayor's action in executing the annexed contract documents for the implementation of this initiative. Moved: Trustee Capossela Moved: Trustee Grala Vote: Unanimous �l /(t Contract No. 2006-35 COUNTY OF WESTCHESTER AGREEMENT made the day of , 2006, between the County of Westchester, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred To as The "County"), and Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 (hereinafter referred to as the "Municipality") 1. In consideration of an amount not to exceed EIGHT THOUSAND FOUR HUNDRED ($8,400.00) DOLLARS to be paid as hereinafter set forth, the Municipality shall participate in the Westchester County STOP-DWI Patrol/Datamaster Project as described in Schedule A which is attached to and forms a part of this Agreement (hereinafter the "Work"). 2. The parties recognize and acknowledge that the obligations of the County under this Agreement are subject to the County's receipt of funds from New York State to operate the Westchester County STOP-DWI Patrol/Data master Project. If, for any reason, the full amount of said funds is not paid over or made available to the County by New York State, the County may terminate this Agreement immediately or reduce the amount payable to the Contractor, in the discretion of the County. The County shall give prompt notice of any such termination or reduction to the Municipality. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. In addition, the parties recognize and acknowledge that the obligations of the County under this Agreement are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of the monies appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The parties understand and intend that the obligation of the County hereunder shall constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County Budget by its Board of Legislators - 1- /• �during the term of this Agreement or any amendments thereto, and for a reasonable period of time after such adoption(s), to conduct an analysis of the impacts of any such County Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. This Agreement is also subject to further financial analysis of the impact of any New York State Budget (the "State Budget") proposed and adopted during the term of this Agreement The County shall retain the right, upon the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of a State Budget or any amendments thereto, and for a reasonable period of time after such release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. This contract is subject to County Appropriations and this contract is subject to further financial analysis of the impact of any New York State Budget. The County shall retain the right, upon the occurrence of any release by the Governor of a proposed budget of the State of New York and/or the adoption of the State budget or any amendments thereto, and after the County has a reasonable period of time to conduct an analysis of the impacts of such budgets) on County finances, to terminate this Agreement authorized herein or to renegotiate the amounts and rate approved herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. 3. All records or recorded data of any kind compiled by the Municipality in completing the Work described in this Agreement, including but not limited to written reports, studies, drawings, blueprints, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall become and remain the property of the County. The Municipality may retain copies of such records for its own use and shall not disclose any such information without the express written consent of the Commissioner. The County shall have the right to reproduce and publish such records, if it so desires, at no a,0#ponp! C05t to the County. All records compiled by the Municipality in completing the work described in this Agreement, induding but not limited to written reports, studies, drawings, blueprints, negatives of photographs, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall become and remain copies of such records for a minimum period of two (2) calendar years beyond the current calendar year. Copies of this information will be provided to the County when requested. - 2- �4. The work to be performed pursuant to the terms of this Agreement shall commence promptly on January 1, 2006 and shall be completed no later than December 31, 2006 except as extended by the Commissioner of the Department of Public Safety ("Commissioner") in writing, subject to all necessary legal approvals. The Municipality shall issue progress reports to the County as the Commissioner may direct and shall immediately inform the Commissioner in writing of any cause for delay in the performance of its obligations under this Agreement 5. THE MUNICIPALITY AGREES AND SHALL BE SUBJECT TO THE INSURANCE REQUIREMENTS CONTAINED IN SCHEDULE B, which schedule is attached to and forms a part of this Agreement. IN ADDITION TO, AND NOT IN LIMITATION OF the insurance provisions contained in Schedule B, the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees, and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising out of the negligent acts, errors and omissions of the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and ail claims, demands or causes of action arising out of the negligent acts, errors and omissions of the Municipality or third parties under the direction and control of the Municipality and to bear all other costs and expenses related thereto. 6. The Municipality shall comply, at its own expense, with the provisions of all applicable state and municipal requirements and with all state and federal laws applicable to the Municipality as an employer of labor or otherwise. The Municipality shall further comply with all rules, regulations and licensing requirements pertaining to its professional status and that of its employees, partners, associates, subcontractors and others employed to render the services hereunder. 7. Payment under this Agreement shall be made after completion of the Work to the satisfaction of the COUNTY and the submission by the MUNICIPALITY of a properly executed claim form approved by the Commissioner of Public Safety or his duly authorized representative. Except upon the prior written approval of the Commissioner, no payment shall be made by the County to the Municipality for out of pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder. 8. The Municipality represents and warrants that it has not employed or retained any person, other than a bona fide full time salaried employee working solely for the Municipality to solicit or secure this agreement, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide full time salaried employee working solely for the Municipality) any fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this agreement For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate this Agreement without liability, and to deduct from the contract price, or otherwise to recover, the full amount of such fee, commission percentage, gift or consideration. �9. (a) The County, upon ten (10) days notice to the Municipality, may teiTninate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Municipality shall be compensated and the County shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "A", which rates shall be prorated to the actual date of termination. Upon receipt of notice that the County is terminating this Agreement in its best interests, the Municipality shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and the Municipality shall direct any approved subcontractors to do the same.. In the event of a dispute as to the value of the Work rendered by the Municipality prior to the date of termination, it is understood and agreed that the Commissioner shall determine the value of such Work rendered by the Municipality. The Municipality shall accept such reasonable and good faith determination as final. (b) In the event the County determines that there has been a material breach by the Contractor of any of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours after service on the Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the Work provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality of duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. 10. This Agreement may not be assigned by the MUNICIPALITY without the prior written consent of the COUNTY. (a) In the event of any conflict between the terms of this Agreement and the terms of any attachments hereto, it is understood and agreed that the terms of this Agreement shall be controlling. (b) This Agreement shall not be enforceable until signed by all parties and approved by the Office of the County Attorney. (c). This Agreement shall be construed and enforced in accordance with the Laws of the State of New York. -4- �IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. THE COUNTY OF WESTCHESTER BY: THOMAS BELFIQRE Commissioner/Sheriff lenrr /-\ WJNIUPALITY BY: ame Stiltfe, Approved as to form and manner of execution I ^ Assistant County Attorney County of Westchester Approved by the Westchester County Board of Acquisition and Contract on January 22,2O06_ MA (Date) (if not required, enter "N/An) I �SCHEDULE A STOP-DWI PATROL PROJECT20O6 The STOP-DWI Patrol Project is an overtime, added, patrol effort to enforce the New York State Vehicle and Traffic Laws against intoxicated and impaired driving (DWI/DWAI) in Westchester County. Each participating police department chief must sign a yearly Participation Form and submit the required documentation to claim reimbursement from the STOP-DWI Program. This is described below. The Patrol project requires that the STOP-DWI Patrol activity and assignment be in addition to the department's normal and /or routine patrol activity and assignment. It cannot be used to replace any regular, normal or routine patrol. The additional patrol must be conducted during the critical DWI/DWAI hours of evening and nighttime as approved bv the STOP-DWI Director. The STOP-DWI Patrol Project vehicle must bear the special logo and markings to increase public awareness of the enforcement effort. A police chief project director is appointed to work with the STOP-DWI Program in the operation of the patrol project. ALL PATROLS AND SOBRIETY CHECKPOINTS FUNDED BY THIS GRANT MUST BE SCHEDULED AND APPROVED PRIOR TO CONDUCTING SAID OPERATION. THE DEPARTMENT'S DWI PROJECT COORDINATOR MUST CALL THIS OFFICE AND GET AN APPROVED CONTROL NUMBER. ONLY OPERATIONS WITH AN APPROVED CONTROL NUMBER WILL BE PROCESSED FOR PAYMENT. The STOP-DWI Patrol Project is operated quarterly: (2006, Quarters 1-4) with maximum of $6,000.00 of additional, overtime, DWI road patnol enforcement reimbursed at $1,500.00 per quarter. An additional $2,400.00 is available to municipalities only upon further written request by the municipality and approval of the Director of the STOP-DWI Program. The release of the additional $2,400.00 is based upon performance and availability of funds. The maximum amount for Patrol Project Activity, described above, is £6,000.00 for the year with availability of $2,400.00 of additional added overtime upon written approval. Sobriety Checkpoints may be conducted with the reimbursable funds and one or more quarters may be combined to fund this particular effort. Coordination with the STOP-DWI Program Director Is required before the checkpoint is conducted. -6- �To Claim reimbursement on a STOP-DWI Payment Voucher the following is required: A fully executed Agreement Contract between the participating Municipality and Westchester County. Patrol Project Reimbursement Documentation Packet - The foilowing four items constitute your reimbursement documentation packet and MUST be forwarded to the STOP-DWI Office within two weeks of the end of each quarter for payment to be approved. Each agency is required to maintain copies of all submitted documents and have them available for examination for a minimum of two calendar years in addition to the current calendar year. This is to facilitate future audits. A. Daily Tracking Document: This is to be completed and signed by the Police Officer assigned to STOP-DWI Patrol. All of the entries must be completed, including the mileage and time, before submission. B. Overtime Report: A copy of the overtime report form used by your agency to pay each assigned officer must be included. Copy MUST show the assigned officer's name, number of hours, and assignment to STOP-DWI Patrol. Agencies which do not pay overtime (i.e. use part-time officers) must submit activity reports proving that the officer was assigned solely to STOP-DWI enforcement and was in addition to routine patrol assignments. AN AUTHORIZED INDIVIDUAL MUST SIGN THE SUBMITTED COPY AS CERTIFICATION THAT I T I S A TRUE AND ACCURATE COPY OF THE ORIGINAL AND THAT THE STOP-DWI PATROL ASSIGNMENTS WERE I N ADDITION TO ROUTINE PATROLS. The original are to be kept by the submitting agency. C. Personnel Service Payment Vouchers: To be made out in the name and address of the municipality, not the Police agency. They MUST include your municipality's assigned "Vendor number." and xx Account number". They must show that they are for the STOP-DWI Patrol Program and include the quarter and dates, officer's name, number of hours worked, officer's actual hourty rate (Overtime or straight Time depending on agency as noted in WB" above) and total payment for officer. The rate of reimbursement for officers assigned to STOP-DWI is the officer's actual hourly rate up to a maximum of $50.00 per hour. If the officer's hourty rate is $50.00 or less, it is to be entered under the "Per Hour" (Unit Price) column and the actual rate is to be placed in parenthesis after his/her name. A notation is to be made that the STOP-DWI Maximum is being submitted. �D. Quarterly Report: This is to be completed at the end of the quarter indicating the activity of your agency for the quarter. Copies of the officer's Daily Tracking Documents and the Personnel Service Voucher, are to be attached to the completed quarterly report. This complete reimbursement documentation packet is to be forwarded to Director, STOP-DWI, 150 Grand Street, White Plains, New York 10601. If your agency did not assign any personnel to STOP-DWI Patrol activities for the quarter (i.e. there is no reimbursement due your agency) then only the *NO ACTIVITY THIS QUARTER" report needs to be forwarded. ANY REIMBURSEMENT DOCUMENTATION PACKET FILED MORE THAN 3 0 DAYS AFTER THE CLOSE OF A QUARTER WILL NOT BE PAID UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE W I T H THE STOP-DWI PROGRAM DIRECTOR I N ADVANCE. -8- �Mfc-q SCHEDULE B STANDARD INSURANCE PROVISIONS (AGENCY) 1. Prior to commencing work, the Agency shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return; receipt requested, for all of the following stated insurance policies. All notices shall name the Agency; and identify the Agreement. If at any time any; of the policies required herein shall be or become unsatisfactory to the County; as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Agency shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Agency to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the agency to take out, maintain, or t i e taking out or maintenance of any required insurance, shall not relieve the Agency from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Agency concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Agency until such time as the Agency shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. -9- �M't I 2, The Agency shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." (Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits' Policy, or both, a temporary permit may be issued if the employer completes form C-105.2 in duplicate. A copy of form C-105.2 is sent to the Workers' Compensation Board, Information Unit for investigation and report.) If the employer is self-insured for Workers' Compensation, he should present a certificate from the New York State Workers' Compensation Board evidencing that fact. (b) Employer's Liability with a minimum limit of $1,000,000. (c) General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 (c.s.l), naming the County of Westchester as an additional insured. This insurance shall indicate on the certificate of insurance the following coverages: (i) Premises - Operations. (ii) Broad Form Contractual. (iii) Independent Agency and Sub-Agency (rv) Products and Completed Operations. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles (ii) Hired automobiles. (iii) Non-owned automobiles. - 10- �3. All policies and certificates of insurance of the Agency shall contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and ail deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Agency. - 11- �7 CERTIFICATE OF AUTHORITY (Municipal Corporation ) I, (officer other than officer signing contract) __ of the : (the "Municipal Corporation" (Name of Municipal Corporation) a municipal corporation duly organized and in good standing under the laws of the State of New York that certify that I am the named in f Law under which organized, e.g.. the new York Business Corporation Law^ the foregone agreement: that (Person Executing Agreement) who signed said agreement on behalf of the Municipal Corporation, was, at the time of execution of the Municipal Corporation (Title of such person) and I further certify that said agreement was duly signed for and in behalf of said Municipal Corporation by authority of its governing body Board of Directors, thereunto duly authorized, and That such authority is in fullforceand effect at the date hereof. (CORPORATE SEAH (Signature) STATE OF NEW YORK ) ss: COUNTY OF WESTCHESTER) On this day C , 2006, before me personally came known, and known to me to be the , to me of (Title) , the municipal corporation described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, the said , resides at , and that he is of said municipal corporation and knows the corporate seal of the said corporation; that the seal affixed to the above certificate is such corporate seal and that ft was affixed to the above certificate by order of the Board of Directors of said corporation, and that he signed his name thereto by like order of the governing body of said Municipal Corporation. Notary Public - 12- County �V73 I MUNICIPAL CORPORATION STATE OF NEW YORK ) : ss.: COUNTY OF WESTCHESTER) On this day of ,2006, before me personally came to me known, who, being by me duly sworn, did depose and say that I he/she resides at that he/she Is the of , the municipal corporation described In and which executed the above Instrument; that he/she knows the seal of said municipal corporation; that the seal affixed to said Instrument is such municipal corporate seal that it was so affixed by Act of the governing body of said municipal corporation, and that he/she signed his/her name thereto by like Act. Notary Public I County -13- �Meeting Date: Resolution No.: 01/17/06 01/03/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution "Indexed Lump Sum Municipal Snow and Ice Agreement" WHEREAS, the Village of Sleepy Hollow has provided snow and ice control services on a continuous basis since 1997 for a 2.4 mile section of roadway located in the Village of Sleepy Hollow and owned by the State of New York; and WHEREAS, the Village of Sleepy Hollow and the State of New York have now reached an equitable lump sum payment to the Village for said services for the period 2005 to 2006 and more fully described in the attached "Indexed Lump Sum Municipal Snow and Ice Agreement" (herein "Agreement"). NOW, THEREFORE, BE IT RESOLVED that the Village Board herein authorizes the Mayor to execute the attached Agreement and to take other such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Grala Second: Trustee Morales Vote: Unanimous �l Contract # Municipality Ext. Season Region # D014705 Village of Sleepy H o l l o w / 5. Westchester County 2005/2006 8 /'/y NVS DEPT.OFTRA^ RECE— , " v '-"'i °CT 0 8 2003 AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE ACREBBBWENCY This Agreement made this g # A day of Qc^^c* ,^t>rh\ and between THE PEOPLE OF THE STATE OF NEW YORK (hereinafter referred to as "STATE"), acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"), and the Vc"?• of the Village of Sleepy Hollow of S. W e s t c h e s t e r C o u n t y (hereinafter referred to as "MUNICIPALITY") as follows: WHEREAS, the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. P 0 1 4 7 0 5 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Sleepy Hollow * dated Afti- ' n , ^ ° 2 :and WHEREAS, the term of the said Agreement is for a period of three years commencing July 1, 1 9 9 7 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year; and I WHEREAS, the present term of the Agreement, as extended, expires June 30, 2 0 0 5 : and WHEREAS, Section 7 of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement, or for any extended term thereof, modified to show the changes, if any, to the State Highways affected by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement; WHEREAS, Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season; ' N O W , THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned "Indexed Lump Sum Snow and Ice Agreement Between New York State Department of Transportation and the MUNICIPALITY" is hereby extended for a period of one year; now to expire on June 30, 2 0 0 6 , unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY, which shall be effective for the remainder of the term of the Agreement [ommencing July 1, 2 0 0 5 , unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lumpsum estimated "expenditure specified in Section 9 of the aforementioned Agreement shall be $ 7 7 ^ • O c ^ per lane mile for / . S* lane miles for a total of $ *?, 7 " S L OO for the 2 0 0 3 / 2 0 0 4 season and for the remainder of the term of the Agreement commencing July 1, 2 0 0 3 . unless changed by future update. IN WITNESS WHEREOF, This Agreement has been executed by the State, acting by and through the duly authorized representative of the COMMISSIONER, and the MUNICIPALITY, which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. over *A �M'^ Agency Certification Contract No. poi4705 "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUI BY for Commissioner of Transportation BY N,c,P Ul7/^t / ATTORNEY GENERAL'S SIGNATURE tJVfcyf dlf*- I ti*y* 'SIGNATURE ££_ Dated Dated STATE OF NEW YORK ) ) SS: I COUNTY OF On this day before of me personally came to me known and known to me to be the Director, Administration Division, New York 5tate Department of Transportation, the person who executed the foregoing instrument and he duly acknowledged to me that he executed the same as such Director, Administration Division, for the purpose therein mentioned. Notary Public STATE OF NEW YORK ) )SS: COUNTY OF 4<[/M*A On ~>$K the /?/,/;„ resides in day £. of Ouhb 2ujir<((. in the year <^°f>^' before me personally ca to me known who, being by me duly sworn, did depose and say that New York; that he is the Aft* 7 ' * 1 the municipality described in and which executed the above instrument; that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly adopted on ; a certified copy of such resolution attached hereto and made a part hereof. SONJA M. GOLDSTEIN-SUSS Notary Public, State of New York No. 01GO4S45042 n •errn Expires AsjQust 31, ytSJ^O^} > v �M'lM APPENDlXfl STAHDARDfilAUSESFOR HYS CONTRACTS S T A N D A R D C L A U S E S F O R NYS C O N T R A C T S T h e parties to the attached contract, License, lease, a m e n d m e n t or o t h e r a g r e e m e n t of any kind (hereinafter, "the contract" or "this c o n t r a c t " ) agree to be b o u n d by the following clauses which are hereby m a d e a part of the contract (the word "Contractor" herein refers to a n y p a r r y other than the State, whether a contractor, licenser, licensee, lessor, l e s s e e or any other parry): 1. E X E C U T O R Y CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. C O M P T R O L L E R ' S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $15,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an aroendmr for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds SI 0,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed 530,000 (State Finance Law Section 163.6.a). 4. W O R K E R S ' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage dunng the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discnmination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public buflding or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it not its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this ir i building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neimer it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: fa) discriminate in hiring against any New York State cinzen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the Paee 1 performance of work under this contract. C o n t r a c t o r is subject to fines of S50.00 per person per*day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all m o n e y s due hereunder for a s e c o n d or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with die Labor Law. 7. NON-COLLUSIVE BIDDING C E R T I F I C A T I O N . In accordance with Secnon 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's buhalf. 8. INTERNATIONAL BOYCOTT P R O H I B I T I O N . In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agTees, as a material condition of the contract, that neither the Contractor nor any substanrially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have vio'ated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRJI 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of setoff any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the twrn of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which the)' were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor M a y , 2003 �If fi STANDARD CLAUSES FOR NYS CdHTRADTS within the State of N e w Y o r k or, if no such office is available, at a mutually agTeeable and reasonable venue within the State, for the term specified above for the purposes of inspection, audiung and copying. The State shall take reasonable steps to protect from public disclosure any of the R e c o r d s which are exempt from disclosure undeT Section 87 of the Public Officers L a w (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed: and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in a n y w a y adversely affect, the State's right to discovery in any p e n d i n g or future litigation. employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION, (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/oT FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the learc of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. (b) PRIVACY NOTIFICATION. (1) The authority to request the above persunal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which die information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or psrsonal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, AESOB, Albany, New York 12236. 12. ECU XL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered OT furnished to the contracting agency: or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of S100,000.00 whereby me owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair OT renovation of real property and improvements thereon for such project, then: fa) The Contractor will not discriminate against employees or applicants for empioyment because of race, creed, color, national origin, sex, age, disability or mantal status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative acoon shall mean recruitment, Paee 2 k (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, coior, national origin, sex, age, disability or marital status and mat such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; en- (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements, of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law end if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this» Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise, 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the State Finwice Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including die breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufScient Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond May, 2003 �77 9 STANDARD CLAUSES FOR W S CONTRACTS 18. PROHTBITION ON PURCHASE OF TROPICAL HARDWOODS, The Contrar.or certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this conn-act involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York Stave business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. APPENDIX A (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through lfsting any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and " '>*. (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY .AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located m a country, nation, province, state, or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and HawaiL Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vsndor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12245 Telephone: 518-292-5220 A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 Soutii Pearl St - 2nd Floor Albany, New York 12245 http://www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than 51 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied wim the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; Page 3 May, 2003 �yso I I �Meeting Date: 1/17/06 Resolution #: 01/04/06 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Diane Jacobson, 1208 Route 35, South Salem, New York 10590 to the position of Village Treasurer at an annual salary of $90,000.00 effective January 23, 2006. Said appointment is subject to a probationary period of twelve to fifty-two weeks and the approval of the Westchester County Department of Human Resources. Moved:Trustee Morales Seconded: Trustee Murray Vote: Unanimous � 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-2006 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_2006-01-17 Subject The topic of the resource Board of Trustees Minutes-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 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