1 25 68 https://sleepyhollow.localarchives.org/files/original/e3e2cf96febd9b32d90999c023c73f0a.pdf c9e726d4e13014713e3006d1a50dc83d PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, December 20, 2011 at the Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Bruce Campbell Barbara Carr Karin Wompa Evelyn Stupel Trustees David Schroedel (Absent) Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Greg Camp, Police Chief Rich Gross, General Foreman Mayor Wray called the work session to order at 7:15 p.m. M A Y O R ' S A N N O U N C E M E N T AND PRESENTATION - Mayor Wray wished everyone a happy holiday season. Mayor Wray recognized Officer Wendy Yancey and Officer Stephen Dougherty for their efforts in helping to deliver a baby in the back seat of a patrol car. The newmother and child were also present and were given a proclamation. DPW HOLIDAY S C H E D U L E - Deputy Mayor Capossela announced that there will be no garbage pick-up on Monday December, 26, 2011 and Monday, January 2, 2012 for the holidays. PEDESTRIAN SAFETY AT M O R S E SCHOOL - Trustee Wompa requested a meeting with school officials to discuss pedestrian safety at Morse School. This morning, a child was hit by a car crossing Pocantico Street. Fortunately the child was not seriously injured. Mr. Giaccio will arrange the meeting. CODE REVISIONS - The Board continued its discussion on code revisions. The Board discussed the architectural review board, storm water management and the tree policy. Discussion ensued. The Mayor asked that the January 10 work session be devoted entirely to the code revisions. �MEETING CANCELLED - Next week's Board meeting has been canceled. The January meeting schedule is as follows: January 3, 2012 Regular Board Meeting January 10, 2012 Work Session January 17, 2012 Regular Board Meeting January 24, 2012 Work Session at Kendal on Hudson A M B U L A N C E CORPS - Ambulance Corps Chief, Shelly Glover announced that several people have been interviewed to become members of the ambulance corps. Ms. Glover also recommended that Dana Guzzo be hired to handle paperwork related to third party billing. NORTH EAST RECREATION AGREEMENT - The Board reviewed an inter-municipal agreement for therapeutic recreation services. DEVRIES PARK PLAYGROUND CHANGE ORDER - The Board reviewed a change order request from Vernon Hills for the Devries Park Playground. The change order is for $1,000. ENGINEER PROPOSAL FOR ICHABOD'S LANDING - The Board reviewed a proposal submitted by McLaren Engineering to inspect the Riverwalk bulkhead at Ichabod's Landing. SPECIAL SESSION At 8:20 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved to special session. Motion was made by Trustee Campbell and seconded by Trustee Capossela to authorize the Mayor to sign a proposal submitted by McLaren Engineering to inspect the bulkhead along the Riverwalk at Ichabod's Landing pending approval by the Village Attorney. The motion passed 5-0. Motion was made by Trustee Carr and seconded by Trustee Campbell to move out of special session. The motion passed 5-0. At 8:25 p.m. the meeting was adjourned. Respectfully submitted. Anthony Gii^ciJ), Village Administrator � 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-2011 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_2011-12-20_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/66a77df6967c0bdf7d197a34089a110f.pdf 38f0f598e164e9a038a1bd57d1eeb2f1 PDF Text Text Meeting Date: 12/13/2011 Resolution #: 12/134/2011 Whereas, it lias come to the attention of the Board of Trustees that the Village has a backlog of delinquent and uncollected parking tickets; and Whereas, the Board of Trustees is desirous of collecting all delinquent and uncollected parking tickets; and Whereas, the Administrator, the Chief of Police, the court personnel, and the Village Treasurer, have recommended hiring the firm of Complus, Inc. to assist the Village in collecting all delinquent and uncollected parking tickets; and Whereas, the Village Attorney has reviewed and approved the attached Agreement with Complus, Inc; Now, therefore, be it resolved the Board of Trustees hereby authorizes the Mayor to execute the attached Agreement with Complus, Inc. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �AGREEMENT BY AND BETWEEN THE VILLAGE OF SLEEPY HOLLOW, NEW YORK (CLIENT) AND COMPLUS DATA INNOVATIONS, INC. (COMPLUS) DATED: OCTOBER 28,2011 This Agreement (the "Agreement") is made and entered into this day of 2011 by and between Complus Data Innovations, Inc (COIVIPLUS), with offices at 560 White Plains Road, Tarrytown, New York 10591 and the Village of Sleepy Hollow, New York (CLIENT), with offices at 28 Beekman Avenue, Sleepy Hollow, New York 10591 for the processing of parking tickets using the FastTrack™ Parking Ticket Management System (FastTrack^^). The Terms and Conditions are as follows: 1. COMPLUS will provide all equipment listed on Schedule I, attached to this Agreement. CLIENT will promptly acknowledge, on the form attached as Exhibit A, receipt of all such equipment and that such equipment is in good working order. This equipment is for the sole purpose of providing access to FastTrack™. The CLIENT acknowledges that this equipment is the property of COMPLUS and agrees to exercise reasonable care of said equipment while in its possession. Any handhelds that become lost or stolen will be the sole responsibility of the CLIENT and will be billed to the CLIENT at the cost of $4,500.00 per unit. All handheld equipment listed on Schedule I will be replaced and upgraded every 36 months during the life of this Agreement, under COMPLUS' 36-month Handheld Replacement Policy. 2. COMPLUS will be responsible for the maintenance, repairs, and replacement of said equipment resulting from normal use. Repairs, which in the reasonable opinion of COMPLUS are required as a result of an accident, neglect, or misuse of the equipment (including without limitation a repair arising from or in connection with software other than software provided by COMPLUS and/or use of the equipment for other than FastTrack^^ use) shall be made at the sole expense of the CLIENT. All expenses related to the repair or replacement of equipment which is required as the result of an accident, neglect, or misuse, will be billed to CLIENT. This includes, but is not limited to, the actual cost of the repair or replacement of said equipment, along with shipping expenses, travel expenses if required, and labor costs. Travel expenses, if required, must be pre-approved by CLIENT before repairs will be scheduled. 3. Repairs to equipment and/or reinstallation and/or modification of software which are required as a result of changes or modifications made by the CLIENT, shall be made at the sole expense of the CLIENT. This includes, but is not limited to the actual cost of the repair or replacement of said equipment, along with shipping expenses, travel expenses if required, �and labor costs. These costs and expenses must be pre-approved by the CLIENT and conform to CLIENT'S billing practices. 4. Additional services requested by the CLIENT that are not described in this Agreement must be submitted in writing by the CLIENT. COMPLUS will prepare a statement of work along with a detailed cost estimate to be approved in writing by the CLIENT prior to the implementation of said changes or additions. This includes, but is not limited to, requests for additional equipment, installation of additional sessions, CLIENT requested software modifications and/ or relocation of equipment. 5. COIVIPLUS will provide remote access to its computer via a web-based application that utilizes Citrix technology. Access time will be 22 hours per day, seven days a week. The System will be unavailable due to daily maintenance-from midnight until 2:00 a.m. Eastern Time. COMPLUS will not be responsible for any downtime arising in connection with the internet service provider. Utilities Company and/or the CLIENTS' internal network. 6. The CLIENT will be responsible for the daily entry of all parking tickets. In addition, the CLIENT will be responsible for all other functions including the updating and disposition of all tickets, as well as any other related on-line functions. COMPLUS shall direct that all payments be made directly to the CLIENT and that CLIENT will be responsible for all payment processing. COMPLUS is not responsible for the validity of any information provided to it, including without limitation to the information on the tickets. 7. COMPLUS will provide CLIENT with access to the computer software needed to process all parking ticket information. COMPLUS agrees to maintain FastTrack™ and revise the software, as required, to conform to all federal, state and local laws and regulations. COMPLUS certifies that in addition to nightly tape backups, their data center is mirrored offsite for Disaster Recovery Purposes. 8. COMPLUS will furnish the CLIENT with digital copies of various reports and mailings including the following; • Year-to-Date Disposition of Tickets • Delinquent Notices for Outstanding Tickets for the State of New York and Out-of-State Residents • Final Delinquent Notices ' Officer and PEO Performance Reports • Permit Reports • Audit Reports • Daily and Monthly Cash/Dismissal Reports • Year-to-Date Active Scofflaw Report 9. As requested by the CLIENT, COMPLUS will prepare all Delinquent Notices and Notice of Violations for outstanding tickets issued to vehicles bearing State of New York plates and Out-of-State plates (to the extent allowed by each State's DMV) to the last known registered owners(s). CLIENT will be responsible for postage of said notices. COMPLUS shall prepare and CLIENT shall approve any and all language contained in the notices that will be sent on �behalf of CLIENT under this Agreement. State agency approval will also be obtained where applicable. Such notices shall comply with state rules and regulations. 10. Throughout the term of this Agreement, COMPLUS agrees to provide on-site training for FastTrack™. COMPLUS will provide reference manuals describing the features and operations of FastTrack™. COMPLUS shall provide updates to the system as they become available. Throughout the term of this Agreement, assistance will be available from field supervisors and by telephone at no charge to the CLIENT during the hours of 8:30 AM to 5:00 PM ET, Monday through Friday (with the exception of all state and nationally recognized holidays). 11. The CLIENT agrees to indemnify and hold harmless COMPLUS, its officers, agents and employees, from any claims, controversies or lawsuits brought against COMPLUS and/ or the CLIENT by third parties in any way related to COMPLUS' service and/or this Agreement; except where said claims, controversies or lawsuits are the results of negligence, gross negligence or willful misconduct on the part of COMPLUS. This provision survives the termination of this Agreement. 12. COMPLUS agrees to indemnify and hold harmless the CLIENT, its officers, agents, and employees from any claims controversies or lawsuits brought against COMPLUS and/or the CLIENT by third parties in any way related to COMPLUS' services and/or this Agreement, except where said claims, controversies or lawsuits are the results of negligence, gross negligence or willful misconduct on the part of the CLIENT. This provision survives the termination of this Agreement. 13. The CLIENT agrees to the following fee schedule for the use of FastTrack ™. Invoices will be submitted on a monthly basis, payable within thirty (30) days upon receipt. FEE SCHEDULE: • 10.0% of all Parking Ticket Collections that are backlogged and unpaid as of the contract implementation date. • 13.0% of all State of New York Parking Ticket Collections. • 13.0% of all Out-of-State Parking Ticket Collections (including Out-of-State DMV Fees for Registration Information Searches). Warning Tickets: In the event that the CLIENT elects to issue warning tickets, COMPLUS will bill the CLIENT $1.45 for each warning ticket in excess of 1% of the tickets issued during the prior calendar year. DMV Fees are paid for by COMPLUS. However, COMPLUS reserves the right to pass along to the CLIENT, and the CLIENT agrees to pay COMPLUS, any increases charged by the various Department of Motor Vehicle agencies to provide registered owner's names and addresses after the first year of this contract. �Web-based Payments: COMPLUS' program allows internet-based access to FastTrack™ for the purpose of allowing ttie CLIENT'S violators to view and pay ttieir parking tickets online via credit cards. COMPLUS has developed and programmed the website and is solely responsible for its functionality, and to make any and all necessary changes to ensure it conforms to all federal, local and State of New York laws and rules and regulations, as well as any and all banking rules and regulations that pertain to all forms of credit card payment, including VISA, MASTERCARD, and Discover. Convenience Fee Schedule for Online Parking Ticket Payments $3.50 per parking ticket being paid via the web-based interface, The term "Convenience Fee" as referenced in this Agreement is a fee paid by the end user of the online payment service for parking ticket payment transactions. In the event that any such change is material, COMPLUS may change this convenience fee schedule upon no less than thirty (30) days written notice to CLIENT, and CLIENT may terminate the credit card payment provisions of this Agreement if CLIENT notifies COMPLUS in writing prior to the effective date of such fee schedule change of its election to so terminate such provisions (which termination will be effective on such effective date). COMPLUS will be the credit card merchant for these transactions and the CLIENT will only be responsible for the following: a. To allow chargebacks to be withdrawn from the account in the event a cardholder requests to have the transaction reversed according to credit card rules, regulations and timetables, and to allow for the chargeback fee to also be withdrawn from the account under the same rules, regulations and timetables. For chargeback transactions, any tickets that were paid for said transactions will be reinstated in FastTrack™ and become subject to further collection efforts. COMPLUS will send the funds from this account on a weekly basis for the transactions processed during the preceding seven days to the CLIENT, 14. The Term and Conditions of the Agreement will remain in effect for a period of ONE (1) year from the date (the "Effective Date") on which COMPLUS signs this Agreement. On the first anniversary of the Effective Date, and on each anniversary date thereafter, this Agreement will automatically renew for a one-year period upon the same terms and conditions. If either the CLIENT or COMPLUS does not wish for any such renewal, it must notify the other party in writing of its intention not to renew no later than ninety (90) days prior to any such anniversary date, in which case this Agreement shall terminate on such anniversary date. In the event of termination, CLIENT will return to COMPLUS within ten (10) days of the termination of the Agreement all handhelds and other equipment, peripherals, manuals and all other materials provided to CLIENT, all of which shall be returned to COMPLUS in good working order. In the event of termination, and providing �that there are no outstanding invoices and the CLIENT has returned all equipment in good working order, the CLIENT would be provided with a computer file at no cost. 15. Each of COMPLUS and CLIENT agrees to comply with state and federal regulations regarding the confidentiality of information. Each of COMPLUS and CLIENT further agrees that the information provided by the CLIENT and/or the DMV, including the names and addresses and associated information of persons and entities that have received tickets, shall remain confidential and shall not be sold or shared with any other non-party, company or entity for any purpose, including but not limited to marketing, sales, solicitations, collection agencies and/or credit bureaus. This paragraph shall survive termination. 16. COIVIPLUS is an independent contractor, and neither COMPLUS nor its staff shall be deemed to be employed by the CLIENT. 17. This Agreement and the rights and obligations of the parties and their successors and assigns hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of New York without regard to its choice and/or conflict of laws provisions. Any legal action resulting from, arising under, out of or in connection with, directly or indirectly, this Agreement shall be commenced exclusively in Westchester County, New York. All parties to this Agreement hereby submit themselves to the jurisdiction of any such court, and agree that service of process on them in any such action, suit or proceeding may be effected by the means by which notices are to be given under this Agreement. In the event of litigation by a party hereto to enforce its rights hereunder, the prevailing party shall be entitled to recover its reasonable attorney's fees, costs and disbursements. 18. All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand or mailed, express, certified or registered mail, return receipt requested, with postage prepaid, or sent priority next day delivery by a nationally recognized overnight courier service that regulariy maintains records of items picked up and delivered to the parties at the addresses first set forth above or to such other person or address as a party shall notify the other in writing. Notices delivered personally shall be deemed communicated as of the date of actual receipt, mailed notices shall be deemed communicated as of the date three (3) business days after mailing, and notices sent by courier shall be deemed communicated as of the date two (2) business days after pick-up. 19. CLIENT is a tax exempt entity under the rules of the Internal Revenue Service and will provide COMPLUS with a copy of its tax exempt status upon request. 20. Any claim that can be brought by the CLIENT under or relating to this Agreement must be brought within one (1) year of the action or omission underiying such claim. 21. This instrument contains the entire agreement between the parties as to subject matter herein and supersedes all prior agreements whether oral or written between the parties hereto. This Agreement may be modified only by a written instrument signed by the �parties. 22. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of this Agreement by facsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. The signing of the enclosed copy and returning to COMPLUS will indicate the CLIENT'S acceptance of this Agreement, and the Terms and Conditions contained therein. Accepted by: COMPLUS DATA INNOVATIONS, INC. VILLAGE OF SLEEPY HOLLOW, NY Name: Name: Title: Title: Date: Date: �SCHEDULE I TO THE AGREEMENT BY AND BETWEEN THE VILLAGE OF SLEEPY HOLLOW, NEW YORK (CLIENT) AND COMPLUS DATA INNOVATIONS, INC. (COMPLUS) DATED: OCTOBER 28,2011 The following equipment will be provided to the CLIENT for the sole purpose of providing access to FastTrack^^. One (1) PC Workstation One (1) Laser Printer One(1) Receipt Printer Two (2) One-piece handheld ticket writers including all necessary hardware peripherals Sufficient ticket stock for the handheld computers throughout the contract term Five (5) Software licenses to COMPLUS' FastTrack™ System �EXHIBIT A TO THE AGREEMENT BY AND BETWEEN THE VILLAGE OF SLEEPY HOLLOW, NEW YORK (CLIENT) AND COMPLUS DATA INNOVATIONS, INC. (COMPLUS) DATED: OCTOBER 28,2011 The Village of Sleepy Hollow, New York [CLIENT] hereby acknowledges receipt of all equipment listed on Schedule 1, and that such equipment is in good working order. Dated: THE VILLAGE OF SLEEPY HOLLOW, NEW YORK By: Name: Title: �Meeting Date: 12/13/2011 12/135/2011 Resolution#: Waiver of Designation of tlie County of Westcliester as Lead Agency for tlie Project known as the Eastview Water Meter Connection Chamber Whereas, the County of Westchester (County) plans on commencing a project involving the installation of approximately 320 linear feet of water supply mains and construction of a water meter connection chamber on New York City Department of Environmental Protection (NYCDEP) property located on Grasslands Road in the Towns of Mt. Pleasant and Greenburgh (Eastview Water Meter Connection Chamber); and Whereas, the project will provide for future County and local municipal access to ultraviolet light (UV) treated water from the NYCDEP's UV Treatment Facility; and Whereas, the County is initiating a coordinated review process for the above referenced project in accordance with the State Environmental Quality Review Act (SEQA); and Whereas, the Village of Sleepy Hollow has been identified as an "involved agency" concerning this Project; and Whereas, the County has given notice to the Village that it intends to declare itself as Lead Agency in the SEQRA process. Now, therefore, be it resolved the Boart of Trustees authorizes the Mayor to execute a waiver concurring with the designation of the County of Westchester as lead agency for the above referenced project known as the Eastview Water Meter Connection Chamber. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 6-0 _ _ the urKtersign«J ^^,™.f-Glerk, do hereby cerOfytttat the foregoing is arrue ojpy of an extract duly adopted by the Boa^ of Trustees of tt« VJIlMe of Sl^py Hollow, on ttie i a £ ; « ¥ nf kYjra-nJ^'d. 20 11 and of the whole thereof, andTCr^cKfttfy Sat ttie same was entered into the minutes of the meeting of said Board of Trustees held on said date. ^ ^ j ^ IN WITNESS WHEREOF. I have^r^nto ^ m y har^ and offidal s^l Jthlsi^M-day nf •kM<P'th^:^'§^^. 201L-.. �Weiitdiester Robfrt P. Astorino County Kxp«'uHve l)«>pnrfiiM'nt of P t a n n i n g Kdward B u r o u g h s , A l C P Commissioiier DATE: November 17, 2011 TO: INVOLVED AGENCIES RE: ESTABLISHMENT OF LEAD AGENCY FOR EASTVIEVV WATER METER CONNECTION CHAMBER The County of Westchester is initiating a coordinated review process for the above referenced project in accordance with the State Environmental Quality Review Act and its implementing regulations, 6 NYCRR Part 61 7 (SEQR). Your agency has been identified as an "involved agency" concerning this Project. The purpose of this notice is to inform all involved agencies that it is the intention of the County, acting by and through its Board of Legislators, to assume the role of lead agency, pursuant to SEQR, for the environmental review of this project. The project involves the installation of approximately 320 linear feet of water supply mains and the construction of a water meter connection chamber on New York City Department of Environmental Protection (NYCDEP) property located on Grasslands Road in the Towns of Mount Pleasant and Greenburgh. The project will provide for future County and local municipal access to ultraviolet light (UV) treated water from the NYCDEP's UV Treatment Facility. fhis project has been classified as an Unlisted action. Attached for your consideration are Part I of the full Environinenfal A.sscssmcnt Form and site location maps. To facilitate the review process, we would appreciate it if your agency would respond to this notice by completing and returning the attached response form as soon .is possible. If we do not receive a response w ithin }0 days, the Westchester C\)unty Board of Legislators will assume the role of Lead .Agency. W,•!,-.,I, �Involved Agencies November 17, 201 I Page 2 If you have any questions regarding this matter, please contact: David S. Kvinge, Director of Environmental Planning Westchester County Department of Planning 148 Martine Avenue, 4 Floor White Plains. NY l()6()l (914) 995-4400 Edvvari EEB/enm Att. cc: Tina Seckerson, Clerk of the Board of Legislators Kevin Plunkett, Deputy County Executive Thomas Lauro, Commissioner, Department of Environmental Facilities Gina D'Agrosa, Director of Water Agency Paul Kutsy, Assistant Commissioner, Department of Health David S. Kvinge, Director of Environmental Planning �EASTVfEW WATER METER CONNECTION CHAMBER SEQR Lead Agency Notice - November 17, 2011 DISTRIBUTION LIST: New York City Department of Environmental Protection, Bureau of Water Supply Attn: Paul Rush, Deputy Commissioner, P.O. Bo.x 358, Grahamsville, NY 12740 Attn: Cynthia Garcia, Chief, SEQRA Coordination Section, 465 Columbus Avenue, Valhalla, NY 10595 New York State Department of Environmental Conservation Attn: Alexander Ciesluk, Regional Permit Administrator 221 South Putt Comers Road, New Paltz, NY 12561 New York State Department of Transportation Attn: Richard Peters, Regional Planning Program Manager 4 Burnett Boulevard, Poughkeepsie, NY 12603 Village of Briarcliff Manor Attn: Mayor William Vescio 1 1 1 Pleasantville Road, Briarcliff Manor, NY 10510 Town/Village of Harrison Attn: Mayor Joan Walsh 1 Heineman Place, Harrison, NY 10528 Town of Mamaroneck Attn: Supervisor Valarie O'Keeffe 740 W. Boston Post Rd., Mamaroneck, NY 10543 Village of Mamaroneck Attn: Mayor Nornian Rosenblum 123 Mamaroneck Avenue, Mamaroneck, NY 10543 Village of Sleepy Hollow Attn: Mayor Kenneth Wray 28 Beekman Avenue. Sleepy Hollow. NY 10591 V i 1 lage o f Tarryto wn Attn: Mayor Drew Fi.xell One Depot Plaza, Tarryto wn, NY 10591 Westchester Joint Water Works Attn: Anthony Conetta, Manager 1625 Mamaroneck Ave, Mamaroneck, NY 10543 �STATE ENVIRONMENTAL QUALITY REVIEW LEAD AGENCY RESPONSE FORM RESPONSE DEADLINE; December 17, 2011 WESTCHESTER COUNTY BOARD OF LEGISLATORS ATTN: EDWARD BLROUGHS, COMMISSIONER OF PLANNING TO: PROJECT: ESTABLISHMENT OF LEAD AGENCY FOR EASTVIEW WATER METER CONNECTION CHAMBER The •iZ.. ' . ^X __..„ ' (name of agency) filQi^^Li^'''^ , as an involved agency: concurs with the designation of the County of Westchester as lead agency for the above referenced project. objects to the designation of the County of Westchester as lead agency tor the above referenced project. Comments, if any: Signature: » . , Date: Print Name and Title: RETURN TO: Westchester County Department of Planning 148 Martine Ave, 4"' Floor, White Plains, NY 1()6()1 E-mail: ccn4fcwestchestergov.ct)iri FAX: (914) W5".178() �PART I - PROJECT INFORMATION Prepared by Project Sponsor NO riCE: This document is designed to assist in detennining whether the action proposed may have a significant effect on the environment. Please complete the entire form. Parts A through E. answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe it will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research of investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of .Action Eastview Water Meter Connection Chamber Location of Action (Include Street Address, Municipality and County) Grasslands Road, Towns of Greenburgh and Mount Pleasant, Westchester County Business Telephone Name of .Applicant/Sponsor (914)995-4400 County of Westchester Address 148 Marline Avenue Zip Code City/PO State 10601 White Plains NY .Name of Owner (if different) Business Telephone New York City Department of Envirorunental Protection ( 845 ) 340-7800 Address Bureau of Water Supply. P.O. Box 358 City/PO State Zip Code Grahamsville 12740 NY Description of Action The project involves the installation of approximately 320 linear feet of 64-inch diameter water main and the construction of a meter chamber to provide County and local municipal access to ultraviolet light (UV) treated water from the New York City Department of Environmental Protection's UV Treatment Facility. The chamber will be approximately 80 feet long by 40 feet wide by 12 feet in height and will be installed underground. The project will also include the construction of an access driveway and security fencing, and the extension of electrical lines. Please Complete Each Question-Indicate N/A if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: Q Urban Q Industrial Q Commercial Q Residential (suburban) I I Forest Q Agriculture ^ Other Water Supply Total acreage project area: .8 acres. APPROXIMATE .ACREAGE Meadow or Brushland (non-agricultural) Forested Agricultural (includes orchards, cropland, pasture, etc.) Wetland (freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (rock, earth or fill) Roads, buildings and other paved surfaces Other (indicate type) 1 awTi/:Landscaping 3. PRESENTLY 1.0 0.75 0.05 0 acres acres acres acres acres acres acres acres I I Rural (non-farm) AFTER COMf 'LETION acres 0 acres acres acres acres 0 acres acres 0.3 acres 1.5 What is predominant soil type(s) on project site? Paxlon Fine Sandy Loam. 2-8"o slope; Woodbridae Loam, 3-8"o slope; and Ridacbury Loam. 3-8°o slope a. Soil drainage: Well drained _,M^'>' of site Moderately well drained 16^_^"o of site Poorly drained 3 "o of site b. If any agricultural land is m\ol\ed. how many acres of soil are classified wiihin soil group I through 4 of the NYS Land Cla.ssification System'.' N.,A acres. (See I NYCRR 370). �4. Are there bedrock outcroppings on project site? a. What is depth to bedrock? HOt (in feet) 5. Approximate percentage of proposed project site with slopes: 6. Q Yes ^ No ^ 0-10% 81 % E I 10-15% 9 % 1 3 15% or t-reater 10 % Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? D Yes g ] No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 8. What is the depth of the water table? 9. Is site located over a primary, principal, or sole source aquifer? <5 Q Yes ^ No (in feet) Q Yes ^ No 10. Do hunting, fishing or shellfishing opportunities presently exist in the project area? [3 Yes [ ^ No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? n Yes E l No According to NYCDEP CatskilL Delaware UV Liaht Disinfection Facility EIS Identity each species ^ 12. .A^re there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) n Yes M No Descnbe _ _ _ _ _ ^ 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? I I Yes 13 No If yes, explain 14. Does the present site include scenic views known to be important to the community? D Yes Kl No 15. Streams within or contiguous to project area: Mine Brook (adjacent to project area) a. Name of Stream and name of River to which it is tributary Saw Mill River 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Miscellaneous wetlands (some associated with Mine Brook) b. Size (in acres) 17.4 (noncontiguous throughout eastview site) 17. Is the site served by existing public utilities? Q Yes 3 No a) If Yes, does sufficient capacity exist to allow connection? CD Yes Q No b) If Yes, will improvements be necessary to allow connection? Q Yes Q No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304'.' n Yes 13 No 19. Is the site located in or substantially contiguous to a Critical Env ironmental Area designated pursuant to ,\rticle 8 of the ECL, and 6 NYCRR 617'.' Q Yes' | 3 No 20. lias the site ever been used for the disposal of solid or hazardous wastes? Q Yes ^ No B. PROJECT DESCRIPTION 1. Physical dimensions and scale or project (fill m dimensions as appropriate) a. Total contiguous acreage imned or controlled by project sponsor ___0 acres. b. Project acreage to be developed: L8_____ acres initially; . _ _ J J i _ _ acres ultimately. c. Project acreage to remain undeveloped _ ^ acres. d. Length of project, in miles: ^^_N:_.i\ (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed N,A.,.. "» f Number of (>tT^strcet (larking spaces existing 0^ , prupt>sed 3 . 3 �g. Maximum vehicular trips generated per hour ___j h. If residential; Number and type of housing units; N/A One Family Two Family Multiple Family Condominium Initially . , . Ultimately . Dimensions (in feet) of largest proposed structure !2i: height; 40 width; 80 length, (below grade) Linear feet of frontage along a public thoroughfare project will occupy is? 312 ft. i. j. (upon completion of project)? How much natural material (i.e., rock, earth, etc.) will be removed from the site? 90 tefts/cubic yards. Will disturbed areas be reclaimed? ^ Yes Q No Q N/A a. If yes, for what intended purpose is the site being reclaimed? Lawn b. Will topsoil be stockpiled for reclamation? Q Yes O No c. Will upper subsoil be stockpiled for reclamation?!!] Yes Q No 4. How many acres of vegetation (trees, shrubs, groundcovers) will be removed from site? 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? a Yes D No 6. If single phase project; Anticipated period of construction 7. If multi-phased; N/A a. Total number of phases anticipated (number). b. .'Anticipated date of commencement phase I month c. ,'\ppro,ximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? [U Yes 8. Will blasting occur during construction? 9. Number of jobs generated; during construction 10. Number of jobs eliminated by this project d ] Yes 18 1.5 acres months, (including demolition). year, (including demolition) year. CD No P^ No 4 .; after project is complete __0 ., 0 11. Will project require relocation of any projects or facilities? Q Yes ^ No If yes, e.xplain 12. Is surface liquid waste dispo.sal involved? [U Yes ^ No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount, b. Name of water body into which effluent will be discharged 13. Is .subsurface liquid waste disposal involved? C] Yes ^ No Type 14. Will surface area of an existing water body increa.se or decrease by proposal? Explain 15. Is project or any portion of project located in a 100-year floodplain? [H Yes 16. Will the project generate solid waste? O Yes ^ No a. If yes, what is the amount per month tons If yes, will an existing solid waste facility be u.sed? Q Yes Q No If yes, give name ^ ^ ; location _ Will any wastes not go into a sewage di.sposal .system or into a sanitary landfill? If yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes. what is the anticipated site life? Q Yes years. 0 No tons/month. d ] Yes ^ No ^ No CD Yes Q No �18. Will project use herbicides or pesticides'? d l Yes ^ No 19. Will project routinely produce odors (more than one hour per day)? O Yes 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? ^ If yes, indicate type(s) Minor increase in electrical use Yes 22. If water supply is from wells, indicate pumping capacity N/'A 23. Total anticipated water usage per day N/A D Yes JSl No Q No ^ gallons/minute. gallons/day. 24. Does project involve local. State or Federal funding? County and local municipal flinding If yes, e.xplain 25. .Approvals Required City, Town, Village Board ^ No Yes n No Yes Yes Yes Yes S S n D City, Town, Village Planning Board City, Town Zoning Board City, County Health /Department Other Local Agencies D D 13 la No No No No Other Regional Agencies State Agencies HYes 13 Yes D No D No Federal Agencies n Yes 13 No ^ Yes d No Submittal Date Type Village of Sleepy Hollow - Funding Village of Tarrvtown - Funding Village of Briarcliff Manor - Funding Village of Mamaroneck - Funding Town of Mamaroneck - Funding Village of Harrison - Funding Public Water Supply Improvement County Board of Legislators - Funding NYCDEP Land Use Permit & Agrmt Westchester Joint Water Works NYSDEC SPDES Permit NYSDOT Highway Work Permit C. ZONING AND PLANNLNG INFORMATION 1. Does proposed action involve a planning or zoning decision? |~| Yes If yes, indicate decision required: r~| zoning amendment d zoning variance CH .special use permit Q new/revision of master plan Q resource management plan 3 No Q subdivision Q other O site plan 2. What is the zoning classification (s) of the site? Public Utility OtTice (OB-2). One-familv Residence (R-20) 3. What is the ma.ximum potential development of the site if developed as permitted by the present zoning? N/A 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 7. What are the predominant land use(s) and zoning classifications within a 14 mile radius of proposed action? Institutional, Office Park, Low-density Residential:. OB-2. R-20, R-40, P.P. (Non-residentia[ Planned Development) 8. Is the propo.sed action compatible with adjoining/surrounding land uses within a 1 4 mile? No change. Yes Yes cs n No QNO �9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed: N/A ^__ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [U Yes ^ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? O Yes S No If yes, is existing capacity sufficient to handle projected demand? Q Yes C2 No 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic? CU Yes Q Yes Q No ^ No D. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Spon^jprName Countytjf Westchester ^ ^ Signature (_/:''/'^C£-'C''-^'y^'i.'^--'''-^ ''-<<:. A•^•^//•' Date / / / / 7/ i\ _________ ^ Title Associate EnvironiBental Planner If the action is in tlie Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. �SITE LOCATION MAP Eastview Water Meter Connection Chamber Town of GreenburghA'own of Mount Pleasant WCDP 11/11 ��Meeting Date: 12/13/2011 Resolution #: 12/136/2011 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Martin Gotte of West Harrison, NY, from Civil Service Eligible List # 66-848, to the position of Code Enforcer, Part-Time, no more than 17.5 hours per week, in the Building Department, effective January 3, 2012 at a salary rate of $30.00 per hour. Said appointment is subject to a probationary period of twelve (12) weeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 6-0 �Meeting Date: 12/13/2011 Resolution#: 12/137/2011 Whereas, the owners of Arthur Avenue Bakery have requested the Village designate a loading zone in front of their business located at 147 Cortlandt Street; and Whereas, a properly noticed hearing was held on November 29, 2011 to hear and consider comments from the public to establish a loading zone at said location; and Whereas, the Board of Trustees believes that designating a loading zone at said location is in the best interests of the Village; Now, therefore, be it resolved the Board of Trustees hereby amends Village Code Chapter 57, Section 20L to designate a loading zone in front of 147 Cortlandt Street (144 feet southerly from the southwest corner of Cortlandt Street and Depeyster Street) between the hours of 3 am until 5 am, 7 days per week; and Be it further resolved, parking meter regulations will remain in effect from 9 am until 5 pm Monday through Saturday; and Be it further resolved the Board of Trustees finds that the designation of said loading zone constitutes an unlisted action under SEQRA; and Be it further resolved the designation of said loading zone will not have a significant impact upon the environment and accordingly the Board of Trustees hereby issues a "negative declaration" pursuant to SEQRA in regard to this action; and Be it further resolved the Administrator, the Chief of Police and the DPW General Foreman are hereby directed to implement the terms of this resolution as soon as said resolution is approved by the Secretary of State. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �Meeting Date: Resolution #: 12/13/2011 12/138/2011 BE IT RESOLVED that the i^layor and Board of Trustees of the Village of Sleepy Hollow authorize the General Foreman to post the Motor Equipment Operator and Laborer position(s). Moved: Trustee Wompa Seconded: Trustee Carr Vote: 6-0 �Meeting Date: Resolution #: 12/13/2011 12/139/2011 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Actions of the Fire Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the actions of the Fire Chief in electing Anthony Multari & Julio Sosa to active membership in Columbia Hose Engine Co. No. 3 and Jason Rivas to the Firefighter Trainee Program. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Fire Chief in writing of this resolution. Moved: Trustee Schroedel Second: Trustee Carr Vote: 6-0 �SCeepy !Hb(lbxv Tire department Fire Putrol Co. No. I Organized. 1876 John E. Korzelius Chief Engineer Pocantico Hook & Ladder Co. No. I Organized. 1878 William F, Ryan l"""^ Assistant Chief Rescue Hose Co. No. I Organized. 1887 Patrick S. Haggerly 2''" Assistant Chief Union Hose Co. No. 2 Organized. 1887 Columbia Hose Co. No. J Organized. 1899 1876 More than a Legend 28 Beekman Avenue Sleepy Hollow, New York 10591 Phone (914) 366-5119 Fax (914) J32-I307 Email- sleepyhollowfiref5)villageofslecpyhollow.org 12/6/2011 Trustee David Schroedel Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Trustee Schroedel: This letter is being sent to officially notify the Sleepy Hollow Board of Trustees of a personnel action taken by Chief Engineer John E. Korzelius. The Chief was notified on December 1^ that the following persons were accepted to the Department. Jason Rivas - Firefighter Trainee Program Anthony Multari - Columbia Hose Co. No. 3 Julio Sosa- Columbia Hose Co. No. 3 TTie Chief requests that the Board approve the above memberships. Respectfully, Christopher G. Scelza Fire Dept. Administrator Cc. Mayor Wray Board of Trustees Village Administrator Village Clerk J<r �Meeting Date: Resolution #: 12/13/2011 12/140/2011 Whereas, tine Board of Trustees is desirous of encouraging persons to patronize Village merchants and use services provided by Village businesses; and Whereas, the maximum time limit on Village parking meters currently is one (1) hour; and Whereas, the Board of Trustees does not believe that one (1) hour is sufficient time to enable persons to patronize merchants and /or use services offered in our downtown; and Whereas, a properly noticed hearing was held on December 13, 2011 to hear and consider comments from the public to change the maximum time limit on parking meters from one (1) hour to two (2) hours; Now, therefore, be it resolved the Board of Trustees hereby amends the Village Code, Chapter 57, Section 14A to change the maximum time limit on parking meters to two (2) hours; and Be it further resolved the Board of Trustees finds that changing the maximum time limit on parking meters constitutes an unlisted action under SEQRA; and Be it further resolved the change in the maximum time limit on parking meters will not have a significant impact upon the environment and accordingly the Board of Trustees hereby issues a "negative declaration" pursuant to SEQRA in regard to this action. Be it further resolved the Administrator, the Chief of Police and the DPW General Foreman are hereby directed to implement the terms of this resolution as soon as said resolution is approved by the Secretary of State. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 5-0 � 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-2011 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_2011-12-13_RES-134-140 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/3774056e94466bad7fa9dd2151d63ae8.pdf 664080f031be15fbddec44d8d88c4f2e PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, December 13, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Deputy Mayor Thomas Capossela David Schroedei Barbara Carr Bruce Campbell Karin Wompa Evelyn Stupel, Trustees Absent: Kenneth G. Wray, Mayor Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Chief Gregory Camp At 7:02 p.m. the Deputy Mayor called the meeting to order with a pledge to the flag. Public Hearing fcontinuedl Village Code Revisions: The Village Clerk read the public notice aloud for the record. Deputy Mayor opened the Public Hearing at this time. Kristin Idalski of Phillips Manor in Sleepy Hollow addressed the Deputy Mayor and the Board of Trustees, and spoke in support of the Architectural Review Board, stating that she is concerned about the downtown area and asked that the Village work with a small committee to restore the Village's historic look. Shelly Robinson of Kelbourne Avenue in Sleepy Hollow addressed the Deputy Mayor and the Board and stated that she is pleased to hear the Mayor has decided to support the preservation of the ARB. She asked that the Tree Commission, which she supports and is a member of, and the ARB, not be abolished and asked that the Board allow the citizens more participation, instead of watering down of public oversight committees. Mario Belanich of North Washington Street in Sleepy Hollow addressed the Deputy Mayor and the Board of Trustees and asked why the ARB was being eliminated. No further comments were made at this time. Trustee Campbell made a motion to adjourn the Public Hearing, seconded by Trustee Wompa. �Public Hearing on Extending Parking Meters: The Village Clerk read the public notice aloud for the record. Deputy Mayor opened the Public Hearing at this tinne. Mario Belanicii of North Washington Street in Sleepy Hollow addressed the Deputy Mayor and the Board of Trustees and asl<ed if the new meters would continue to accept nickels, dinnes and quarters. Deputy Mayor stated that the Village will be getting Muni meters. Police Chief Camp stated that the parking lot at 21 Beekman Avenue would have a Muni Meter instead of individual meters and that 66 individual parking meters had been ordered to replace those that are outdated or dysfunctional. Discussion ensued. No further comments were made at this time. Trustee Schroedel made a motion to close the public hearing; it was seconded by Trustee Carr. Approval of Warrants: Trustee Carr moved, seconded by Trustee Schroedel to approve the warrant in the amount of $1,447,045.54. It was unanimous. Approval of Minutes: Trustee Carr made a motion, seconded by Trustee Schroedel to approve the minutes of 11/15/2011 and 12/6/2011. It was unanimous. Public Comments: The Deputy Mayor opened the public comment period and evoked the 5 minute rule. Mario Belanich of North Washington Street in Sleepy Hollow addressed the Deputy Mayor and the Board of Trustees and asked if it is necessary to take Minutes at a work session. Village Counsel responded and discussion ensued. Trustee Reports; Trustee Schroedel recognized and congratulated Police Officers Yancey and Dougherty for the safe delivery of a baby boy in the back seat of a police car on December 9, 2011. Trustee Carr Nothing to report �Trustee Campbell suggested that the next Work Session take place at Kendal on Hudson. Trustee Campbell stated that Cablevlslon and Verizon will each be sending the Village $30,000.00 and the joint community cable television station with the Village of Tarrytown continues but it is a slow process. Deputy Mayor Capossela stated that all leaves must be bagged starting December Deputy Mayor Capossela reminded residents that January is the second annual Feed-theHungry Day, and asked for donations of turkeys and ham. Trustee Worn pa stated that the Downtown revitalization is working on the Village's calendar and it will be mailed out sometime in January. Trustee Wompa wished all the Seniors a fun day at their annual holiday party. Trustee Stupel nothing to report Administrator's Report: Mr. Giaccio, Village Administrator, reported on the following: Ichabod's Landing Sink Hole: received a second quote from an engineer to determine the cause of the sink hole being formed along the River Walk. This quote was much cheaper than the first quote we received. Will discuss this with the Public Works Committee for a recommendation. Looking to recover the costs from the original contractor because the bulk head in guaranteed for 20 years. Energy Audit: Fiona Hodgson inquired about possible grants for energy audits. It turns out that the Village is not eligible for these grants. Despite being ineligible for a grant, this may be a worthwhile project for the Village. Mr. Giaccio contacted a contractor to see what it would cost to have an energy audit done on all Village buildings. Gas Leak: The Village received complaints throughout the Village of a strong gas odor. It turns out that the gas was coming from work being done on a gas line across the Hudson River. Similar complaints were received in many other Villages' along the river. Resolutions: (see attached) Presentation: Kristen Idalski, president of the Rivertown Runners, and Robert Sullivan, presented a check for $5,500.00 to the RSHM Life Center for its after-school program. Sister Susan Gardella accepted the check. The money came from entry fees to the Rivertown Runner's 10k race in Sleepy Hollow back in October. There were close to 700 people who came to the downtown, last year there were about 250. Ms. Idalski also presented race T-shirts to the Board of Trustees. She thanked everyone who helped in this event. �Old Business: Trustee Wompa asked about the status of the water project. Discussion ensued. New Business: Trustee Stupe! stated that there have been requests to have the Planning and Zoning Minutes posted on our website. She also stated that there are Campaign signs decorating the village and should be removed. Public Comments: The Deputy Mayor opened the public comment period and evoked the 5 minute rule. Mario Belanich of North Washington Street in Sleepy Hollow addressed the Deputy Mayor and the Board of Trustees and asked about Code Enforcer position. Discussion ensued. There were no further comments at this time. At 7:50 pm on motion by Trustee Schroedel, seconded by Trustee Campbell the meeting was adjourned. Respectfully submitted, ° Paula A. McCarthy Village Clerk A -Via ' � 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-2011 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_2011-12-13 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/fc8e98307df29026cd3b0c9668e959c7.pdf 696fdc3c0ad6b37d6587bd1e6ad7d028 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, December 6, 2011 at the Hudson Valley Writer's Center 300 Riverside Drive, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Bruce R. Campbell Barbara J. Carr David L. Schroedel Evelyn R. Stupel Karin T. Wompa Trustees Thomas Capossela (Absent) Also Present: Anthony Giaccio. Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo. Village Attorney Greg Camp, Police Chief Sean McCarthy, Village Architect Mayor Wray called the work session to order at 7:00 p.m. MAYOR'S ANNOUNCEMENTS - Mayor Wray announced that public comments will be allowed at the end of the meeting. 2% TAX CAP - Treasurer, Sara DiGiacomo gave the Board a spread sheet on how the 2% tax cap will affect next year's budget (see attached). The figures are subject to change. The Board is considering over riding the cap. Discussion ensued. DOWNTOWN REVITALIZATION CORPORATION PRESENTATION- Trustee Wompa made a power point presentation (attached) on the Downtown Revitalization Corporation (DRC). Many businesses have taken advantage of the facade grant program and the DRC has spearheaded several successful community events. COMPLIJS AGREEMENT - Treasurer, Sara DiGiacomo gave the Board a draft agreement with Complus. Complus is a company that recovers fines from outstanding parking tickets. Discussion ensued. A resolution on this will be on the next Board meeting agenda. �PART-TIME COSE ENFORCER - Sean McCarthy and Trustee Stupel recommended hiring a part-time code enforcer. The Civil Service hst For this position was canvassed and interviews were done. A resolution on this will be on the next Board meeting agenda. CODE REVISIONS - The Board continued its discussion on code revisions. The Board first discussed whether or not to have the Architectural Review Board (ARB). Later there was a discussion on trees. Trustee Campbell provided the Board with a list of recommendations made by the Recreation Committee (Attached). PUBLIC COMMENTSJames West asked whether or not the Village owned Fremont Pond. Ms. Gandolfo responded. Mr. West also requested another meeting to discuss Birch Close. At 8:40 p.m. the meeting was adjourned. Respectfully submitted, Anthony Ciia^cio. Village Administrator �Parks and Recreation Committee - Tree Commission Policy December 6, 2011 1. The Tree Commission's primary responsibility is the positive husbandry of public trees and woodlands. This includes: " An inventory of current village trees • A comprehensive plan for pruning and maintaining village trees • A comprehensive plan for replacing and/or adding village trees 2. The Commission will be composed of: • The DPW General Foreman • The Head of the Building Department • 2 representatives of the EAC • 2 residents of the Village 3. The removal of any tree at least 8" in diameter and 4 1/2 feet in height requires a permit. There shall be a regulated setback of 10" around the sides and back of each home where landowners may remove trees without a permit. 4. There shall be a Tree Officer appointed by the Mayor whose function is to assess tree conditions and issue permits for tree removal. 5. The Tree Officer must be someone knowledgeable about trees and trained in tree management. The Tree Officer will work with the Tree Commission on conserving, protecting and pruning village trees. Regarding trees on private property, the Tree Officer will take into account the type of tree, whether it is a specimen species and whether it is common to the area, the character of the neighborhood and the general welfare of the Village. If necessary, the Tree Officer shall consult a certified arborist. 6. A landowner will automatically be granted a permit if he submits a report by a certified arborist that a tree is dead. 7. A landowner may appeal the denial of a permit to the Planning Board. 8. When trees are removed on private property the landowner must plant 2 trees of the same species either on his own property or in a place designated by the Tree Commission. Instead, landowners may contribute a sum equal to the cost of 2 trees to the Tree Fund. 9. The head of the Building Department and the DPW General Foreman shall be empowered to determine if an emergency exists and a tree must be removed due to safety considerations. �c o o (0 c o o O o o "5 CO CO N c5 �O •i-t -a "3 o ^ tH +-• u1 t! £ . 2 1 c/5^ -1^ CO ^ ^ '^ o ^ s -^ 1^ c.a ^fe O n3 O 4-) 11 u tH n* T3 (75 .1—1 U S o OH • 1—I O. - i : ^v n3 u ;-i a.< > -2 Q O o c <P O JJ *eIo CO (0 e JD O a; n3 i-i • 1—I > ^ g b 03 s n3 n3 ^ C/^ • 1—I C/5 „ 1—1 c/3 (75 C *+-! T3 0 • —< Q . a; > 3 C c2 u ^ O a; O U X w .S nj ri" DH C (-0 n3 o n3 (75 C/5 ;-i O u 03 • S:! >^ C 3 ^ C/5 (n o u CD O +-» u Q-t • 1—1 Q o u o 03 w» 11-«-^ . ,:-^ ^f �o •i-t c 03 d 03 03 QJ B • 1—1 o a 00 ^ u -2 \p >^ O Q C e O y CO 3 ^ ^ QJ .1= ^ C/3 QJ Ik o d u cx o QJ QJ o u X QJ c o d Q Q ^S CU CU ^ o MM V) (73 c U C 03 O c o 3 ^ O 00 it: c o o a NO o O c fx3 > 3 03 < Ik 4.1 .2 a; ^ "^ c O CU (75 r^ 03 d h—( u—< d X > o ra a-* ^ • W5 3 • o d d O 2 d ON x; bJD • r—i (75 ;-i O ^ > o ^ C J d QJ QJ o c -M O 4~l d CU '^^^ > £ bJD d •I—< "5" D H ;-i 3 I 3 d 03 PH !•• «i �c TO c a fd o u o c a> rd 60 C cr <v C TO C/5 a> o <d •M c 6 c _o TO C 111 I III s e g .y o TO 3 C c ^ ^ ^ TO > >-« W bJ3-X3 •y TO X ) Ss a a o u rd a. O •ii " TO ^ ' - I TO •55 I I • *-< O o (L» ^-M ^ C/5 ^ TO a-» ^IS - <d IN o u C > TO '-M X3 <V 00 o OH D H flJ DH < O < S O f^ T3 C/5 n3 TO > O TO (D tH Crt c a -^ ^ O ST "^ U A IH •M cAi TO "3 U u TO -M DH <V <v ° -3 c c OH5 -C^ TOi i g E TO T3C TO T 3 CO 4 - 1 fe en TO TO TO OH A O DC * A TO TO cu l-H u C -M TO UH J 3 "oJ o. ^ ^ ^ M^ Z ^ �(73 s e c c c B a; c •t—i ra o G u 13 u O <v c c/T u t-l o I C cu <v CQ 43 T3 C C Si c CU c w • pa T3 • 1—1 U3 o c cu Q ID a> -M B o ^ u ]3 t o ^ oi ^f .^ o CI. o a, CO T3 (/3 01 c • PH (Z) ;3 PQ C CO C/5 -co ^ <V C C 3 a>l3 1 C <T3 o QJ CO| C O, o I Q m 03 J^ =3 '^^ bc DC CU c T3 nj •M _n o ^ to H T3i o e CO s; c o^ o o CO c/5 ex ^ O ^cu -J^ ^ ^ B > ^ B �c o o a o o c CO No a c5 CO �i-i o •l-t 03 T3 ^ n3 fi o ^ ^-^ ^ (H > . S ^ c/T o ^ CD 0> ^ C O E <c 2 5 Q. o T3 c C CO 5 oo Q 5 > o Q) o Q o •HZ O H • • (0 H QJ n3 C 03 O X >> a. Q-t c75 s cx <! o ^ o 2 ^-^ k ^ r^ I -^ C O (75 03 US >^ a 0) Q) (/) CO c o u 03 1^ S.ii 1 ^ O n3 1—J c/5 Q CD C X O U c/f b£) 3 .S ^ T3 3 C c^ D U ^ O w Jif o .s^ Cli C (-0 03 C/5 tH c 03 (JO S^ 8 C/5 o ft^ u Q A V o n3 O > ' ^ / ^ A - ^ " 03 C/5 "^4- �c o o a a u o o > >W o n3 G -M CO 6.SC fO •X3 • 1-H OJ- bC S-; < c I—] a I ^ 0^ C en •?5 X ! CO ^ W5 > 1^ c > (J a X o c C o PQ c O -M biD • X > O P • • o c d o CO —^ o c a. O c • 1—1 (LI rj c o O 00 it: OJ IN. biD o o o C/5 3 O O en 05 s IN. o c ex, 3 u 1—< en fe o U ^ C QJ ^ S ^ s Q j^ pL( I b. ."S ^ PH �o m a; n3 3 u o o •M c • ^^ cr c C n3 (/) u O a. •M c c o r^ c ex ti a: 2 c ro C/2 T3 •c ^^ en X- MI • »—1 ^ U •^-> O "3 CO -M C • »—1 ^™H fT3 o ' 5 CO a. -M (/) t/3 • »—1 a; E B i 3 9J (/J ^N T3 n3 X3 t C '^^ fd tH bX5 6 e2 o a; en tH > QJ W '^ o ^ _>> a> <o< Q T3 •a I n /o ST tA) <j o 03 fd U Ci. O X Z t^ �I! ^ ^ c r^ S a; "3 ^ fd Q-* e "-^ c b -M ^_» ^ ft• a; S < iL. "^ O a> . ^ c/T © a> g ± u f•^ •» ^^ • 1—( •I—I (/5 4-) c T3 fd -M U 4-) 4-) en a; o o a. en C • I—I OJ • »—1 -M J! o en 13 ^ en C fd u (LI " o fd > , e! 1/5 c ^ CQ fd o O J£ T3 o cx b •M o (/), rd ^ Q X S' jja; u x3| C/^ D^ o ^ ^ Td = 6Ic m 1/5 I o (LI -M biD Xi ,a> x ; J-H Pi .i:; (LI ^ a. O B o ^ g x; J2 -3 fd j4-( (-S �O "(0 o a o o o O c o "5 (0 I a CO N (5 Q) �o -M n3 C^ ro • 1—1 CO O o C u QJ u c • 1—( -c: CQ E ex ^ 2 ^ B £ -t-i 1° 1 c •1-H \^ a C 0) u ^ •i-H > O CQ -H a< o 1 ^ <^-i ^ o Q -M cn bID en C/3 ;3 < o c • • • 1—1 3 C o u T3 C en S I OH U JJ -a ' CJ • 1—1 c/j O U o ij IE 2 >> S cx D X S-Q > o *w CO w o • i-H 3 Q. o (-H • 1—< Q o m o CQ % �o c • I—I -M o a 00 1^ ^ C3 U O O • i-H • I—( B < c bC a; '+3 d ^ "3 <U O Q. m a C/3 QJ C *^ 8 X QJ 13 C ^ QJ a. (L» (L* i_ij5 V o o CQ o c o 3 C/5 3 -J C o; a> rd cA o Si o\ O 00 • I—< o o c c o 1—1 js e I '^ fli QJ .-y pa > C/5 > G a o o a; u X > O C n s ^ ^ t^ EH • • o c u o C/3 (-4 O -M bC •f—< 13 EH O O c^ o 4_j G U 'p. c QJu o bC QJ EH L__|_j CM B iS ^^inJ �a o m 'a zi u o O -a •M • ^^ fC cr C C n3 c/: (/) a> u o 1/5 •M c C _o '-M 3 i lis a; en [-1 X3 ^ ex a. «3 -3 U qr; ^ c £ s O n3 OH en . 3 tj S-H • i:5 fT3 CX bD •M CO • ^ CO .1-1 (LI ro t-H ^ (V CO CO 1-^ ^ K^ . ^ fd 5 o o ^ X M '=* o ^ (/J T3 c ^ 2 ^ c o ft a; ^ < O < Q C I > bX3-^ .-H MH fcH ^ c fT3 g e T3 -M C CO o d c fd CO CO n ST ^ u o IT; u •M C/5 ^ "3 DM n3 03 a. a> u a> ^ CO fcH fT3 C/3 m 5U •M CO U CO a; t-4 O X CQ U -M m CO �a; e fT3 a> <v en -M c fT3 CQ - ^ 0) C b 13 o 1—H fcH ft U <v I a> fd o •Sv U B (V <v PQ C/3 4-) T3 C fd C 4-) 4-) C r} Q o g o •M o 6 o ol > (/) fd a; ^1 (/) C en -M fd 175 O •M X o OH fd OJ -T^ fd (LI ^ fdi ^ Cu) u O O _ tH o ^ C/2 D H r O C/5 fd x; 'Td B ^ C a; o OJ O '-' CQ o u •^ o en -M c I u • »—1 en C/3 43 CU bc C > M C Q o a. a> jj biD S£ • ^H . c (LI "-^ Si/ '^ (LI > OX) LI o e 0^ a> O o -^ J^ -S . ^ X 5 ^ Id e ,11^ 0X3 OX) (LI •-< i3 fd f+-i o > U g �c c o 1o Q O o o O CO N CO C^ �O ro C • i-H ro -M o o c U u O I ^ g c.ai C 0 H 'I fi »I > O Q O O "*" c o o ^ CO CO CO ^ 2:2 ^ • ^ ^ 0^ #wH ^ ^ • PH ro >> C D. ro ^(L» S C o a< e ^ O (JO 'S S c75 ^ "ro D X « en cn O r; ex -^ C ro o ro cn O •M • i-H u ro -M c o ro S u CO o S^A' -M u (-4 o ro O •f^' ro +-» '• :^ , [ , . ,'i3 > �O c ^ 6 c (T3 C/2 3 QJ 00 ^ o 5 'a u \p C ^ -M 00 o n3 rd O < c ^ 'QJ ^ Q J a 3 O C C o n3 c CO CO ^ 0^ ^ W5 a> a 3 )^ o •^ 3 o ^ u c o in rs M "^ ^ a QJ t/3 C > a. o u s c a 4«l 3 O 3 X (Li •l-J CO c O frt 3 ^ o S .s 0^ X 00 O O tfc: 42 O c o 3 CO C • > O • o C/5 3 n ° CO u !«. W 3 OH 1^ •F-1 d "0^ n3 S-i 1 — 4 D-. CL. (L* 3 O 3 • 1—( ^ (L» > 0 biD C 4-i ON o x: bJD �.0 a; "-M 'a a 3 u O o c u bc ti • »-^ a; ti ID C/5 <V U O C/5 cx c o •M 6 a; t3 R^ ^ -S 5 ^ C/i B fd •M 0 fd (U O fd ^ fO ^ ^ .15 fO (L* ^i - (-H 3 u a; fd 0 ^ c S g o •M c ^ E £ S c ^ > a.-^ > < O< DO > flj fd X 0 u -^ fd ^ Q^ fd -M <v T3 -M ° -3 ;3 ^ s> •Si U 1 W5 C 0^ C 0^ o o • en IS o fd fd 1 fd u •M o -M C o Cfl 2 '5 fd fd C C/3 "-*-< C ^ - . "^ .. fd fd JS 2 u cx O X fd a. a; u a; en o fd -M fd c« (LI C O Cfl a; a; )-H Qj -^ 0^ t! eu u< CQ U C fd en u-l a; " fd en IS <u ^ 'ex ^ (V �<v fd c crt a; c CQ o -M c U u a; T3 QJ > a; < -M n3 a; o fd fd c fd ^ Jai s CQ u a; a; C/5 T3 C XJ fd -M C u W5 •M a; o o Q C '•M e J! o C/3 CO I/) a <v I/) I C/3 ?^£S trd a; a; Oi fd 'wl o ^ o o CI, b3 (V »-?5 fd o Q o| fd i j CO -M C fd u <v r t-H o ^ ^^-Td .^ O (-, D H c ^ o ^ G It'o ss C/5 -M ;3 > CQ (V c C/5 CO fd u I o ' C u -^ >> X a s. o e (V o ^ g rxi "Td U 5 ^-g ^'^ e • o w � 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-2011 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_2011-12-06_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/2d58cec648b4aa2ed82cbb6b6d456920.pdf fe6e896c6c48580e8a0f6ec9d1cc61d6 PDF Text Text The Work Session of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, November 29, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela Evelyn Stupel David Schroedel Barbara Carr Bruce Campbell, Trustees Absent: Karin Wompa, Trustee Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village DPW General Foreman Sean E. McCarthy, Village Building Inspector At 7:06pm Trustee Schroedel made a motion to go into executive session to discuss personnel matters and possible litigation. Trustee Stupel seconded. It was unanimous (5-0). At 7:37pm Trustee Campbell made a motion to come out of executive session. Trustee Stupel seconded. It was unanimous (5-0). No action was taken. At 7:38 p.m. the Mayor called the meeting to order with a pledge to the flag. The Mayor asked for a moment of silence to honor Sam Pillow who recently passed away. Public Hearing fcontinued) Village Code Revisions The Village Clerk read the public notice aloud for the record. Paula McCarthy, Village Clerk stated that the Village Clerk's office had received a letter from Timothy Nelson (25 Millard Ave) regarding his opinion on the proposed code revisions. The Mayor opened the meeting to the public and evoked the 5 minute rule. Marc Frye of 41 Hudson Terrace expressed his concern about the proposed code revisions. He stated that Pat Pillow was instrumental in the creation of the ARB back in 1977. He stated that Beekman Ave is very different from Main Street in Tarrytown. He stated that Tarrytown created an ARB due to some inappropriate store front renovations. He stated that if there is a good reason for eliminating the ARB the Board should consider restructuring the Board instead of eliminating it. �Dan Scott of River Street in Sleepy Hollow stated that the Village Board has not provided any reasons as to why it wants to eliminate the ARB. He stated that there may be personnel changes and structures changes but he urged the Board to take into consideration the general principals of the ARB which is to preserve and conserve the Village. He stated that he hopes that the Village Board will take a closer look. Cvnthia Sandler of Palmer Avenue stated that she recently found out that the village is disbanding the ARB and she stated that she feels that this is a big concern with the new coming of the GM site. She stated that the village has its own architect and he'll make the right decisions but the citizens are represented by the Board. She suggested that the ARB remain in effect because it provides checks and balances. She stated she is surprised that we don't have a historical preservation or landmark commission. Katherine Mckeenlv of Kingsland Road stated that the Board and Village Architect will have a lot of power if there's no ARB. Sean Roach of 221 N. Broadway stated that the ARB is important. He wants to know when the Village would have its decision online once it's approved. The Mayor responded we will continue to meet and discuss the matter. He stated that the Board will put the entire new document on the website. He also stated that there will be an opportunity to come back in the future and comment. He stated that there are 2 sets of public hearings. He stated that the Board will close this hearing and will notice for a new one with more specific changes. Marc Frve stated that he appreciates the fact that there is a public hearing. He stated that he worked very hard on the ARB guidelines for Tarrytown. He also stated that Sean McCarthy would be very qualified to be a one man ARB but he also stated that a big part of the function of the ARB is educational. He stated that the process should be streamlined to help small businesses. He wants to volunteer to stream line this process and build our Beekman Avenue back again. At this time there were no additional public comments, the public hearing was adjourned. Public Hearing - Loading Zones The Village Clerk read the public notice aloud for the record. The Mayor opened the public comment period and evoked the 5 minute rule. Since there were no public comments, Trustee Schroedel made a motion to close the public hearing. Deputy Mayor Capossela seconded. It was unanimous (5-0). �Approval of Warrants: Trustee Carr made a motion to approve the warrants as submitted. Trustee Campbell seconded. It was unanimous (5-0). Approval of Minutes for 10/25/2011 and 11/08/2011The Board reviewed the minutes of the 10/25/2011 and 11/08/2011. Trustee Schroedel made a motion to approve the minutes as submitted. Trustee Carr seconded. It was unanimous (5-0). Mayor announcements: The Mayor stated that at 7:00 pm at the Warner library, a free workshop will be held on stress management. He also stated that on December 10'^ the Village celebrates the 15th anniversary of its name change to Sleepy Hollow. He stated that the celebration will be held at the Old Dutch church at 7:30pm. The Mayor also stated that on December 21, the Village will celebrate the 136^^ anniversary of the incorporation of the Village. The Mayor appointed 6 people to the Police Advisory Committee. He stated that these are 2 year terms: Jennifer Lobato-Church Brian Doyle Eliot Martone Duane Brown Anna Lopez Josephine Galgano Public Comments: The Mayor opened the public comment period and evoked the 5 minute rule. Baiba Pinnis of 148 New Broadway complemented Richie Gross and the DPW staff for their hard work. She voiced concerns and complaints about the maintenance of the park. She stated she is concerned with the potential for a forest fire. She said that 10 years ago, Rockefeller State Park was closed for this same reason. She complimented Anthony Giaccio and Deputy Mayor Tom Capossela for their efforts to clean up the park. Trustee Reports: Trustee Schroedel - Stated that the Public Safety Committee has been interviewing EMS candidates and that this process is ongoing. He stated that the Police Advisory Committee met last week and asked to convey to the Board their recommendations on a two-hour parking. He stated that the meters are capable of holding more than an hour. Lastly, he stated that the Finance Committee met and reviewed the audit for the period ending May 21, 2011. �Trustee Carr - Nothing to report Trustee Campbell - Stated that the Community Relations Committee met regarding a possible agreement with Cablevision. He stated that the Public Service Commission has approved the agreement and the Village should be receiving a $30,000 grant from Cablevision as well as a $30,000 grant from Verizon. He stated that the Committee will continue to work with Tarrytown on the possibility of a public access channel. The Parks Committee is continuing its work on possible code revision comments from Tree Commission. Lastly, he stated that the Board's next regular work session will be held at the writers center in Philipse Manor. Deputy Mayor Capossela - Spoke about a few DPW items. He stated that leaves are still being picked up around the Village and stated that residents should bag leaves if it's not a large amount. He reviewed the tree damage in the Village from the recent storm. He stated that he received several complaints about the Douglas Park clean-up between the park path and the aqueduct. He also stated that on January there will be the annual "Feed the Needy" community event at the Senior Building. Trustee Stupel - She stated that court is being held this Thursday. She stated that court judgments are up to $ 181, 850. She stated that notices are being given to merchants in the business districts for litter and sidewalk issues. Trustee Schroedel - Made a motion to set a public hearing for two hour parking meters. Deputy Mayor Capossela seconded. It was unanimous (6-0). The Mayor said that the DPW staff did a great job with an extraordinary snow storm. He stated that the storm came early in the season and the DPW staff did a great job clearing the roads and clearing branches. He stated that the DPW crews continued to work regular shifts and overtime and everything was put behind for 2 weeks. The Mayor commended the DPW staff and their Supervisor Richie Gross. The Mayor stated that the playground in Douglas Park is a forest park. He stated that the Village should not be clearing it out and destroying the nature of the park. There was an open discussion between the Mayor and the Deputy Mayor on the clean-up process. h) Administrator's Report: Anthony Giaccio stated that on January there will be the 2"'' annual "Feed the Needy" community event at the Senior Center Building. He encouraged the residents to come out and participate. January 21'^ is Health Day. Mr. Giaccio stated that the Village will try to solicit volunteers for the Ambulance Corps. FEMA Grant for an Emergency Response Plan (ERP) was received in the amount of $37,050.00. He stated that it will help us get future grants. �Two weeks ago, the Village held a Confined Space Training Class Review, and the next training date is December The Request for Proposal (RFP) will be going out to study, for sharing water services with Tarrytown and Briarcliff The Devries Park playground is completed and is in use. Resolutions: (See attached) Old Business: The Mayor stated that the Village usually bags the parking meters for the holiday season. He stated that it's usually from December to January Trustee Campbell made a motion to bag the parking meters from December 15, 2011 to January 2, 2012. Trustee Schroedel seconded. It was unanimous (5-0). New Business: Sara A. DiGiacomo stated that the Village has finalized the audit report for the year ending May 31, 2010. She stated that the Village was unhappy about the duration of the recent audit. She stated that the Finance Committee is recommending the firm of O'Connor Davies Munns & Dobbins (ODMD) to perform the next audit. A resolution to retain a new auditor firm was submitted to the Board. See attached. Trustee Schroedel made a motion to adopt the Resolution. Trustee Carr seconded. It was unanimous (5-0). Trustee Stupel asked about the figures for all the Halloween events. Sara A. DiGiacomo responded that there are a few items in the warrant tonight. She will check if there are any further items. Public Comments: Baiba Pinnis said that Douglas Park is for public enjoying. She stated that the poison ivy is not a natural preserve. There were no further comments from the public at this time. At 8:45 pm. Trustee Carr made a motion to adjourn the meeting. Trustee Schroedel seconded. It was unanimously adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk � 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-2011 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_2011-11-29_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/da02ad2e71101373ea5a13777065b64c.pdf 5753a132973461141a671beac1f501c8 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, November 29, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela Evelyn Stupel David Schroede! Barbara Carr Bruce Campbell, Trustees Absent: Karin Wompa, Trustee Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village DPW General Foreman Sean E. McCarthy, Village Building Inspector At 7:06pm Trustee Schroedel made a motion to go into executive session to discuss personnel matters and possible litigation. Trustee Stupel seconded. It was unanimous (5-0). At 7:37pm Trustee Campbell made a motion to come out of executive session. Trustee Stupel seconded. It was unanimous (5-0). No action was taken. At 7:38 p.m. the Mayor called the meeting to order with a pledge to the flag. The Mayor asked for a moment of silence to honor Sam Pillow who recently passed away. Public Hearing (continued) Village Code Revisions The Village Clerk read the public notice aloud for the record. Paula McCarthy, Village Clerk stated that the Village Clerk's office had received a letter from Timothy Nelson (25 Millard Ave) regarding his opinion on the proposed code revisions. The Mayor opened the meeting to the public and evoked the 5 minute rule. Marc Frve of 41 Hudson Terrace expressed his concern about the proposed code revisions. He stated that Pat Pillow was instrumental in the creation of the ARB back in 1977. He stated that Beekman Ave is very different from Main Street in Tarrytown. He stated that Tarrytown created an ARB due to some inappropriate store front renovations. He stated that if there is a good reason for eliminating the ARB the Board should consider restructuring the Board instead of eliminating it. �Dan Scott of River Street in Sleepy Hollow stated that the Village Board has not provided any reasons as to why it wants to eliminate the ARB. He stated that there may be personnel changes and structures changes but he urged the Board to take into consideration the general principals of the ARB which is to preserve and conserve the Village. He stated that he hopes that the Village Board will take a closer look. Cvnthia Sandler of Palmer Avenue stated that she recently found out that the village is disbanding the ARB and she stated that she feels that this is a big concern with the new coming of the GM site. She stated that the village has its own architect and he'll make the right decisions but the citizens are represented by the Board. She suggested that the ARB remain in effect because it provides checks and balances. She stated she is surprised that we don't have a historical preservation or landmark commission. Katherine Mckeenlv of Kingsland Road stated that the Board and Village Architect will have a lot of power if there's no ARB. Sean Roach of 221 N. Broadway stated that the ARB is important. He wants to know when the Village would have its decision online once it's approved. The Mayor responded we will continue to meet and discuss the matter. He stated that the Board will put the entire new document on the website. He also stated that there will be an opportunity to come back in the future and comment. He stated that there are 2 sets of public hearings. He stated that the Board will close this hearing and will notice for a new one with more specific changes. Marc Frve stated that he appreciates the fact that there is a public hearing. He stated that he worked very hard on the ARB guidelines for Tarrytown. He also stated that Sean McCarthy would be very qualified to be a one man ARB but he also stated that a big part of the function of the ARB is educational. He stated that the process should be streamlined to help small businesses. He wants to volunteer to stream line this process and build our Beekman Avenue back again. At this time there were no additional public comments, the public hearing was adjourned. Public Hearing - Loading Zones The Village Clerk read the public notice aloud for the record. The Mayor opened the public comment period and evoked the 5 minute rule. Since there were no public comments, Trustee Schroedel made a motion to close the public hearing. Deputy Mayor Capossela seconded. It was unanimous (5-0). �Approval of Warrants: Trustee Carr made a motion to approve the warrants as submitted. Trustee Campbell seconded. It was unanimous (5-0). Approval of Minutes for 10/25/2011 and il/08/2011The Board reviewed tlie minutes of the 10/25/2011 and 11/08/2011. Trustee Schroedel made a motion to approve the minutes as submitted. Trustee Carr seconded. It was unanimous (5-0). Mavor announcements: The l^ayor stated that at 7:00 pm at the Warner library, a free workshop will be held on stress management. He also stated that on December 10'^ the Village celebrates the 15'*^ anniversary of its name change to Sleepy Hollow. He stated that the celebration will be held at the Old Dutch church at 7:30pm. The Mayor also stated that on December 21, the Village will celebrate the 136"^ anniversary of the incorporation of the Village. The Mayor appointed 6 people to the Police Advisory Committee. He stated that these are 2 year terms: Jennifer Lobato-Church Brian Doyle Eliot Martone Duane Brown Anna Lopez Josephine Galgano Public Comments: The Mayor opened the public comment period and evoked the 5 minute rule. Balba PInnis of 148 New Broadway complemented Richie Gross and the DPW staff for their hard work. She voiced concerns and complaints about the maintenance of the park. She stated she is concerned with the potential for a forest fire. She said that 10 years ago. Rockefeller State Park was closed for this same reason. She complimented Anthony Giaccio and Deputy Mayor Tom Capossela for their efforts to clean up the park. Trustee Reports: Trustee Schroedel - Stated that the Public Safety Committee has been interviewing EMS candidates and that this process is ongoing. He stated that the Police Advisory Committee met last week and asked to convey to the Board their recommendations on a two-hour parking. He stated that the meters are capable of holding more than an hour. Lastly, he stated that the Finance Committee met and reviewed the audit for the period ending May 21, 2011. �Trustee Carr - Nothing to report Trustee Campbell - Stated that the Community Relations Committee met regarding a possible agreement with Cablevision. He stated that the Public Service Commission has approved the agreement and the Village should be receiving a $30,000 grant from Cablevision as well as a $30,000 grant from Verizon. He stated that the Committee will continue to work with Tarrytown on the possibility of a public access channel. The Parks Committee is continuing its work on possible code revision comments from Tree Commission. Lastly, he stated that the Board's next regular work session will be held at the writers center in Philipse Manor. Deputy Mayor Capossela - Spoke about a few DPW items. He stated that leaves are still being picked up around the Village and stated that residents should bag leaves if it's not a large amount. He reviewed the tree damage in the Village from the recent storm. He stated that he received several complaints about the Douglas Park clean-up between the park path and the aqueduct. He also stated that on January there will be the annual "Feed the Needy" community event at the Senior Building. Trustee Stupel - She stated that court is being held this Thursday. She stated that court judgments are up to $ 181, 850. She stated that notices are being given to merchants in the business districts for litter and sidewalk issues. Trustee Schroedel - Made a motion to set a public hearing for two hour parking meters. Deputy Mayor Capossela seconded. It was unanimous (6-0). The Mayor said that the DPW staff did a great job with an extraordinary snow storm. He stated that the storm came early in the season and the DPW staff did a great job clearing the roads and clearing branches. He stated that the DPW crews continued to work regular shifts and overtime and everything was put behind for 2 weeks. The Mayor commended the DPW staff and their Supervisor Richie Gross. The Mayor stated that the playground in Douglas Park is a forest park. He stated that the Village should not be clearing it out and destroying the nature of the park. There was an open discussion between the Mayor and the Deputy Mayor on the clean-up process. hi Administrator's Report: Anthony Giaccio stated that on January there will be the 2"^ annual "Feed the Needy" community event at the Senior Center Building. He encouraged the residents to come out and participate. January is Health Day. Mr. Giaccio stated that the Village will try to solicit volunteers for the Ambulance Corps. FEMA Grant for an Emergency Response Plan (ERP) was received in the amount of $37,050.00. He stated that it will help us get future grants. �Two weeks ago, the Village held a Confined Space Training Class Review, and the next training date is December The Request for Proposal (RFP) will be going out to study, for sharing water services with Tarrytown and Briarcliff The Devries Park playground is completed and is in use. Resolutions: (See attached) Old Business: The Mayor stated that the Village usually bags the parking meters for the holiday season. He stated that it's usually from December IS''^ to January Trustee Campbell made a motion to bag the parking meters from December 15, 2011 to January 2, 2012. Trustee Schroedel seconded. It was unanimous (5-0), New Business: Sara A. DiGiacomo stated that the Village has finalized the audit report for the year ending May 31, 2010. She stated that the Village was unhappy about the duration of the recent audit. She stated that the Finance Committee is recommending the firm of O'Connor Davies Munns & Dobbins (ODMD) to perform the next audit. A resolution to retain a new auditor firm was submitted to the Board. See attached. Trustee Schroedel made a motion to adopt the Resolution. Trustee Carr seconded. It was unanimous (5-0). Trustee Stupel asked about the figures for all the Halloween events. Sara A. DiGiacomo responded that there are a few items in the warrant tonight. She will check if there are any further items. Public Comments: Baiba Pinnis said that Douglas Park is for public enjoying. She stated that the poison ivy is not a natural preserve. There were no further comments from the public at this time. At 8:45 pm. Trustee Carr made a motion to adjourn the meeting. Trustee Schroedel seconded. It was unanimously adjourned. topectfully submitted, • • Paula A. McCarthy Village Clerk / � 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-2011 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_2011-11-29 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/3a026687e4ea6ccba19aefac670ea0b5.pdf 59731b01333f09b56f794fb38b4fecf0 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow, New Yorlt A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, November 15, 2011, starting at 7:00 P.M. in the Boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela Trustee Bruce R. Campbell Trustee Barbara J. CanTrustee David L. Schroedel Trustee Evelyn R. Stupel Trustee Karin T. Wompa Also Present: Sean E. McCarthy, Village Architect Janet A. Gandolfo, Village Attorney Richard Gross, General Foreman Mayor Wray started the work session at 7:04 P.M. by reviewing the agenda and informing the Board that they will need to have an executive session to discuss a personnel matter. The Mayor also announced that recreation department employee Danny Gallagher's wife gave birth to triplets, two girls and a boy. The Mayor wished Danny and his wife good luck. WS-1 Presentation: Emergency Vehicle Response Michael K. Wilbur and Tom Shannon are representing Emergency Vehicle Response, a consulting firm hired by the fire department to review the specifications and bid documents to replace the Columbia Hose fire apparatus. Tom Shannon described their company, backgrounds, and the scope of their services. Mr. Shannon indicated that they had reviewed the truck committee's requirements and prepared 32 recommendations to the committee to be included into the bid specifications. Mr. Shannon said that once the recommendations are incorporated into the specifications, then the Village can go out for bids. Michael Wilbur stated that they recommend going out to bid before the end of the year since a cost increase is expected in the first quarter of next year. Mr. Wilbur stated that the there will be a 50-60 thousand dollar difference in the bids; and it was the consultants job to review the bids to make sure that each bid meets the bid specifications. �The Mayor asked if the specifications have been prepared so that more than one manufacturer can respond to the bid. Tom Shannon responded that there is enough open areas in the specifications not to "lock-out" any vendor. The Mayor question what the fire apparatus manufacturing market was Hke. Michael Wilbur stated it was soft. Tom Shannon added that the manufactures that were producing 5,500 trucks per year are now averaging about 3,000 trucks per year. Trustee Wompa questioned if the price was negotiable. Tom Shannon responded that the bid was a lump sum fixed price based on the engineered vehicle; and that the Village could negotiate alternates after the bid is accepted. Trustee Stupel questioned why the prices are going up. Tom Shannon replied that new EPA and Federal Government safety and emissions requirements have added to price increases. Mr. Shannon added that manufactures have not raised prices in the last two years. The Mayor asked how many vendors are expected to bid. Tom Shannon replied that 3-5 vendors are expected. Trustee Schroedel questioned if the prices are expected to go up after the first of the year or after the first quarter of next year. Tom Shannon replied that all prices will be going up 5-7%, or greater, after the first of the year. Trustee Schroedel questioned how long the selected vendor will have to deliver the truck. Tom Shannon relied that the vendor has 270-330 days to deliver the truck. Trustee Carr asked if the specifications are standard or if there are special tools that the Village needs. Tom Shannon responded that the specifications are based on what the Village of Sleepy Hollow needs, but that the specifications are not "one of a kind". Mr. Shannon stated that all of the components are standard, and nothing is unusual. Mr. Shannon added that there are items specified as options and have been included separately so as not to discourage bidders. �Trustee Campbell inquired if the options are included in the lump sum price. Tom Shannon responded that the options are listed separately so each item can be identified. Michael Wilbur gave an example of how the bids are reviewed and compared to the bid specifications. Chief John Korzelius summarized the work of the truck committee and work that the consultants performed to get truck specification ready to bid. The Mayor stated that the Board will need to pass a resolution authorizing the request for bids. The Mayor asked Village Attorney Gandolfo to prepare a resolution for consideration at the end of the meeting. Trustee Schroedel concluded by complimenting the Fire Chief and the Fire Department for the thorough job they did researching, preparing the truck specifications, and hiring the consultants. WS-2 Discussion: Tree appeal- 3 Lakeshore Close Richard Giordano introduced himself as the owner of the property and stated that he was appealing the tree committee's denial to remove two trees on his property. Mr. Giordano described the trees as two Dawn Redwood trees, approximately 75 feet high and are located adjacent to his driveway, about 15-20 feet from the house. Mr. Giordano stated that there were originally three trees but one was removed because it destroyed a drain pipe. Mr. Giordano stated that the roots of the two remaining trees are damaging the driveway and drain pipe. Deputy Mayor Capossela questioned if one tree had been removed already. Mr. Giordano responded yes, that the roots damaged the drain, requiring the pipe to be replaced. Trustee Stupel asked if an arborist report was submitted. Mr. Giordano responded that he did have a report. Mr. Giordano stated that the arborist reviewed cutting the tree roots but could not guarantee that he tree would survive. Mr. Giordano added that the tree could fall on the house and damage the driveway and drain pipe. Mr. Giordano concluded by stating that the trees are potentially costly and dangerous. The Mayor questioned if the work to repair the drain could proceed. �Mr. Giordano stated the work could be done but the tree roots would be damaged. The Mayor clarified that the arborist could not guarantee the life of the tree and that the tree would become top heavy when the roots are cut to repair the drain pipe. Trustee Campbell questioned how old the trees are. Mr. Giordano responded that the trees were probably planted when the house was built in the 1960's. The Mayor questioned what type of species the trees are. Mr. Giordano responded that the trees are Dawn Redwoods; adding that he likes the trees but they are just too close to the house. Deputy Mayor Capossela stated that the Dawn Redwood species grow very rapidly. Trustee Stupel questioned if the trees have a deep root system. Deputy Mayor Capossela replied that the root system is shallow and wide. The Mayor questioned if both trees need to be removed. Deputy Mayor Capossela stated that he was in favor of removing the trees. Deputy Mayor Capossela added that he has seen the trees and was ready to vote on the matter. The Mayor stated that the Tree Committee did deny the permit and would like to hear from the committee. Shelly Robinson stated that the trees are spectacular, unusual, healthy, and beautiful. There was an open discussion regarding the location of the trees and damage to the driveway. Trustee Schroedel questioned if the tree species was native. Richard Gross stated that the decision is, "the trees versus the driveway". Mr. Gross said that he originally did not approve the permit but changed his vote after he inspected the property the second time. Mr. Gross explained were the trees were located, and said that he could see where the tree roots were starting to damage the driveway. Mr. Gross added that the property has a high water table and the roots are growing towards the water. Trustee Schroedel questioned if there is a danger to the house if the roots are cut. Richard Gross replied that the trees are 15 feet from the house and that there was a danger to the house, property and life. �Shelly Robinson requested that an independent arborist should be hired to review the condition of the trees. Rosalie Giordano explained that an arborist did inspect the trees and suggested midgation measures; however, the arborist could not guarantee that the trees would not fall on the house. An open discussion continued regarding the tree roots, the drain pipe and the water table. Trustees Stupel and Carr requested to see the arborist's report. The Mayor concluded by requesting that Mr. Giordano submit a copy of his arborist's report for the Board to review; and that the Board will take action quickly. WS-3 Discussion: Fremont Pond The Mayor stated that there has been a question raised about the ownership of Fremont Pond. The Mayor announced that documents have been found in Village Hall that indicates that the property was transferred from the Town of Mount Pleasant between 1999-2000. The Mayor added that the process was sloppy but it is clear that the Village owns the property. The Mayor said that Ms. Gandolfo will follow up on the things that need to be done to make sure the records are complete. The Mayor indicated that the ownership information allows the Village to begin planning improvements for the property. Ms. Gandolfo stated that the Village has a copy of the deed but that the document was never filed with the Westchester County Clerk's office. Ms. Gandolfo stated that the Village can have the Town Supervisor sign a new deed and proceed to have the document properly filed. Trustee Stupel questioned if the property transfer is null and void. Ms. Gandolfo responded that the property transfer, including two smaller parcels, was approved by resolution of the Town Board. The Mayor concluded by stadng that the Village needs to establish better procedures to identify documents and files in Village Hall. WS-4 Discussion: Code revisions Ms. Gandolfo stated that the Village Code contains several chapters that are no longer applicable or are superseded by State Law. Ms Gandolfo suggested the deletion of these chapters. �Ms. Gandolfo reviewed the following chapters: Chapter 37-Shopping Carts. Ms. Gandolfo stated that this chapter was created because people were taking home carts and leaving them on the Village streets. Ms. Gandolfo said that this is not a problem anymore and suggested deleting the chapter. Chapter 13- Public Property. Ms. Gandolfo stated that this chapter is covered by State Law and suggested deleting the chapter. Chapter 40- Disorderly Conduct. Ms. Gandolfo stated that this chapter is covered by State Law and suggested deleting the chapter. Chapter on Cable Communications. Ms Gandolfo stated that this local law has become absolute due to the cable franchise agreement. Chapter 7- Bathing Suits. Ms. Gandolfo stated that this law was created in 1937 and is no longer practicable. Chapter 75- Garbage and Refuse Collection Rules and Regulations. Ms. Gandolfo suggested that revisions to this chapter should wait until the study on the garbage and refuse is completed. Chapter 52A- Tree Committee. Ms. Gandolfo stated that the parks and recreation committee is reviewing the Tree Code and will be making recommendations to the Board of Trustees. Chapter 50B- Taxation. Ms. Gandolfo explained that the State adopts tax increase limits on tax abatements for rent controlled apartments, senior citizen exemptions, and veteran's exemptions. Ms. Gandolfo stated that every year the Village has a public hearing to set the cap on these exemptions. Ms. Gandolfo suggested revising the Code to adopt whatever the State adopts each year. Chapter 19C- Filming. Ms. Gandolfo informed the Board that the Village Clerk provided them with copies of filming ordinances from other municipalities; and suggested the Board members review the codes and make suggestions to the Village staff. Ms. Gandolfo recommended reviewing the code from Rye Brook, stating that the ordinance applies to filming on both public and private property. Chapter 29- Hawking, Peddling and Soliciting. Ms. Gandolfo described the current ordinance as archaic and that the proposed changes to the chapter would give the police chief more authority, require background checks for solicitors, and require solicitors to abide by homes placarded with "No Soliciting" signs. The Mayor added that political notices and campaigning would not be effected by the revisions. �Ms. Gandolfo summarized by stating that more than 70% of the Code is now on the Village web site, and by the end of the month the entire Code with revisions will be online. Ms. Gandolfo stated that a public hearing to review all of the code changes will take place in early January. Trustee Schroedel requested that the Webber Park tag sale add be removed from the Village television scroll and be replaced with a notice regarding the code revisions. Announcements Trustee Wompa announced that there will be a meeting to discuss the possible closing of the Post Office on Thursday at 6:00 PM at Village Hall. Ms. Wompa stressed the importance of the Post Office in the Village and encouraged the residents to come to the meeting and show support for the Post Office. Deputy Mayor Capossela announced that there will be a special sanitation schedule next week. Monday will be regular pickup; Tuesday will be regular pick up; Wednesday will be recycling; and Friday will be garbage pickup Village wide. The Mayor announced that there would not be a meeting next week and wished everyone a Happy Thanksgiving. On a motion by Trustee Campbell, seconded by Trustee Wompa and carried unanimously, the Board went into executive session. At 8:13 P.M. the Board came out of executive session. The Mayor stated that the Board discussed personnel matters and litigation, and no votes were taken. On a motion by Trustee Carr, seconded by Trustee Campbell and carried unanimously, the Board went into Special Session. R-1 Resolution to hire two DPW seasonal employees. Deputy Mayor Capossela read the prepared resolution. Trustee Carr requested that the term of employment be limited to four months. The Mayor amended the resolution to include the term of four months; and that if the employees are still needed at the termination date that a new resolution would be required. The Mayor added that the one of employees lives in the Village and the other employee formally lived in Sleepy Hollow and now lives in Ossining. �On a motion by Trustee Stupel, seconded by Trustee Campbell, the resolution was unanimously approved. R-2 Resolution to advertise for fire apparatus bids. Village Attorney Gandolfo read the prepared resolution. On a motion by Trustee Schroedel, seconded by Trustee Campbell and carried unanimously, the resolution was unanimously approved. On a motion by Trustee Campbell, seconded by Trustee Carr and carried unanimously, the Special Meeting was adjourned. At 8:17 P.M. the Mayor adjourned the work session. Respectfully submitted, Sean E. McCarthy, Village Arclufect � 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-2011 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_2011-11-15_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/79546174015afe908e4e0c1374d0a60f.pdf cd4db22d7647fa5f40c938a24dbf32a2 PDF Text Text Meeting Date: Resolution #: 11/15/2011 11/130-A/2011 Whereas, the Sleepy Hollow Fire Department has recommended to the Board of Trustees the purchase of a new fire apparatus currently held by Columbia Hose Fire Company; and Whereas, the Board of Trustees has determined that such a purchase is necessary to maintain the efficiency and high standards of public safety within the Village; and Whereas, bid specifications have been prepared by the Fire Department; Now, therefore, be it resolved the Board of Trustees hereby directs the Village Clerk to advertise for bids for the purchase of a new fire apparatus, said bids to be returnable on Tuesday, December 20, 2011 at 11:00 a.m. in the Board Room at 28 Beekman Avenue, Sleepy Hollow, New York. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 � 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-2011 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_2011-11-15_RES-130A Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/0d710745812ce082257c2daec539b84f.pdf d6fecaf1f494cfa133f6c3bed624c28d PDF Text Text Meeting Date: 11/15/2011 Resolution #: 11/130/2011 Be it Resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the following individual(s) as seasonal employees in the Department of Public Works effective Monday, November 21, 2011 at a salary rate of $ 15.00 per hour, Samuel Rogers of 126 Valley Street and Manuel Quizhpi of Ellis Street, Ossining, NY. Moved: Deputy Mayor Capossela Seconded: Trustee Stupel Vote: 6-0 Motion by Trustee Carr to amend resolution to include term of employment to be (4) Months only, it was seconded by Trustee Campbell. Vote: 6-0 � 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-2011 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_2011-11-15_RES-130 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/887ac9938a1ad8958d6096541a7c1d7f.pdf 78173ab444239a330b7f80bb106e9c9a PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, November 1, 2011 at the Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Bruce R. Campbell Barbara J. CanDavid L. Schroedel Evelyn R. Stupel Trustees Karin T. Wompa (Absent) Also Present: Anthony Giaccio, Village Administrator Rich Gross, General Foreman Mayor Wray called the work session to order at 7:10 p.m. LEAF MULCHING - Rich Gross made a presentation on leaf mulching. Mr. Gross attended a Westchester County recycling training session where they announced a new leaf mulching program called "mulch em and leave em" The program encourages people to mulch fallen leaves on their property. The benefits are that it will reduce the cost of leaf removal and will help to fertilize lawns naturally. The program has been adopted by other communities. The Parks Department will try this idea out at Kingsland Point Park. Discussion ensued. There was also a discussion on the County's new policy not to accept discarded tires from municipalities. CODE REVISIONS - The Board continued its discussion on code revisions. The Board first discussed the Architectural Review Board (ARB). The general consensus is that the Building Department should handle permits for fences and signs, while the Planning Board should be responsible for all other ARB functions. The Board also discussed film permits and in particular, filming on private property. Mr. Giaccio will contact other municipalities to get their policy on film permits. POST OFFICE - Mayor Wray encouraged residents to fill out and return a post office survey that was recently sent out. Mayor Wray announced that Trustee Wompa is working on a letter of support to save the Sleepy Hollow Post Office. The letter will be signed by the entire Village �Board and will be sent to the United States Post Office. Trustee Campbell gave permission to Mr. Giaccio to sign the letter on his behalf because he will be out of town. Copies of the petitions will also accompany the letter. SANITATION SCHEDULE - Trustee Capossela announced next week's sanitation schedule. There will be a Village wide pick up on Monday and Thursday and no pick up on Tuesday or Friday due to Election Day and Veteran's Day. Recycling will still be on Wednesday. ADMINISTRATOR'S ANNOUNCEMENTS - Mr. Giaccio announced that there will be a Duracell meeting on Monday, November 7, at 7:00pm at the Sleepy Hollow High School. Mr. Giaccio mentioned that he attended a tax cap meeting held in Elmsford last week. Many Village Board members also attended the meeting. The meeting was organized by the Village Officials Committee and included a presentation by Barbara Van Epps from the New York State Conference of Mayors (NYCOM). Discussion ensued. At 7:50 p.m. the meeting was adjourned. Respectfully submitted, Anthony Giaicio, Village Administrator � 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-2011 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_2011-11-01_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/f6941c886ea4f2892db971a010eb960b.pdf f1164b164cc24a36a52cde8ab05a56aa PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, August 30, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbell Karin Wompa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Richard Gross, Village General Foreman Gregory Camp, Police Chief John Korzelius, Fire Chief At 7:05 p.m. the Mayor called the meeting to order with a pledge to the flag and a moment of silence for Samuel Long, a lifelong resident of Sleepy Hollow, and Frank Rizzi, a lifelong resident of Sleepy Hollow and very active in the Fire Department and local politics. Approval of Warrants: Trustee Carr moved, seconded by Trustee Schroedel to approve the warrant of $581,359,49. It was unanimous. Approval of Minutes: Trustee Carr moved, seconded by Trustee Schroedel to approve the Minutes of 6/14/2011, 8/2/2011, 8/9/2011. It was unanimous. Mayor announcements: Mayor Wray stated he is very pleased that the Village staff and volunteers did a stellar job preparing in advance and taking care of problems as they arose during Hurricane Irene, Mayor also stated that there are still some homes without power in the Village and all are frustrated with Con Ed, but there were no fatalities and no tragedies during this storm. Fire Chief Korzelius addressed the Mayor and the Board of Trustees stating that the Department prepared ahead for the storm by checking all equipments and placing volunteers on standby. The Department responded to numerous calls for assistance with flooded basements. Chief Korzelius expressed concern about people walking along the waterfront, despite warnings that the storm surges could make the riverfront dangerous. He thanked everyone, other departments and Village Officials for their help and support, and strongly advised the public to stay away from the waterfront during storms. �Richard Gross, General Foreman, addressed the Mayor and the Board of Trustees, he was pleased with the weather warnings, which gave the Department ample time to prepare. In addition to several repairs needed to sink holes and storm drains, he stated that there were 8 large trees that came down and numerous others were damaged. He stated that despite power outages, which were mostly restored by Wednesday evening, there was minimal damage in the Village. He also stated that leafs left on the road end up in the storm drains which cause back up and flooding. He thanked the residents for staying off the roads, which makes everyone's job safer and easier. Mayor Wray stated that the Village was alerted ahead of time by the DEC that there may be no water. Mr. Gross stated that the Town of Greenburg gave the Village several million gallons of water. Police Chief Camp addressed the Mayor and the Board and thanked all the Departments for working together effectively. He stated the pre planning was essential. He also warned the public that the storm surges can be a dangerous situation, and that is why the parks had to be closed. Discussion ensued. Mayor announcements: Mayor Wray stated that at this time cablevision customers had no sound on their local TV Village channel but that it would broadcast again with sound. Mayor announced that the Ambulance Corp is now housed at 28 Beekman Avenue for several reasons. He stated the ambulance headquarters building is in need of repairs and the Village does not have the resources to rebuild it. Mayor explained that Fire Patrol moved to the Fire House on Lawrence Avenue to make room for the two ambulances. In addition it is more convenient for the members to respond. The Department of Health met with Mayor and the Acting Captain of the ambulance corps, and was in accordance with this move. Mayor stated that the Village Code is being revised and needs to be reviewed by the Board. All records for the past nine years have to be checked. It is expected to be adopted by the end of November. Public Comments: Mayor opened the meeting to the public at this time and evoked the 5 minute rule. Charblie Curi of North Broadway addressed the Mayor and the Board of Trustees and asked if the Village rules apply to his sister. He also mentioned that he is relocating far away. �Trustee Schroedel - reported that our staff and volunteers did an outstanding job during the Hurricane. He reported that in the month of August the ambulance corps responded to 54 out of 56 medical calls. Trustee Schroedel stated that Shelley Florence Glover, acting ambulance corps captain has asked to be able to implement disciplinary action as needed in the department. Trustee Carr - nothing to report Trustee Campbell - reported that the next Work Session will be at the James Galgano Senior Center and invited the public to come and speak. The communications committee will be meeting tomorrow with the Village of Tarrytown. The Horan's Friends movie night had a turnout of approximately 80 people. Deputy Mayor Capossela - reported that there will be no trash collection on Monday, Labor Day. Ball fields at DeVries Park and Quattro will be closed until further notice due to flooding. Trustee Worn pa - nothing to report Trustee Stupel- nothing to report Administrator's Report: Resolutions: (see attached) (see attached) Old Business: Trustee Wompa stated that she has been working together with resident, John Edwards, to start petitions to save the local post office from closing. Signatures will be sent to government officials. New Business: Trustee Stupel raised the issue of the finance department accepting cash for tax and water payments. Discussion ensued. Mayor asked that the discussion regarding the acceptance of cash be discussed at the next work session. �Public Comments: Mayor opened the meeting to the public at this time and evoked the 5 minute rule. Jack Gasko of Webber Avenue addressed the Mayor and the Board of Trustees and stated that a lot of people in the community have to scramble at the last minute to pay their taxes and to restrict that (taking cash) would be a disservice. There were no further comments at this time. At 8:11 pm on motion by Trustee Carr, seconded by Trustee Schroedel the meeting was adjourned. Respectfully submitted, Paula A. McCarthy Village Clerk �ADMINISTRATOR'S REPORT 8/30/11 HURRICANE IRENE - Police, Fire, Ambulance and DPW all need to be c o m m e n d e d for their work before, during and after the storm. Today we held a post-storm debriefing with Department Heads and identified some areas that need improvement. W e will formulate an updated plan for future weather events. I know some people are unhappy with the response from Con Edison in getting power restored to certain areas of the Village. M a y o r Wray and Village Staff continually called Con Edison in an effort to get crews out to the affected areas. I believe our efforts have been successful since Con Ed crews are working on Route 9 as we speak. BATHHOUSE - There is still no Certificate of Occupancy for the Kathryn W. Davis Bathhouse. The three outstanding issues are the electrical permit, septic tank and sprinklers in the pavilion area. The Building Department met with the County and Scenic Hudson to try and resolve these issues, but I believe it is likely that vendors will not be able to occupy the building this year. DEVRIES PARK PLAYGROUND - The Devries Park Playground work has begun. The work is expected to be completed in mid-October. The ball fields are still playable, but parking is limited. A design for a new protective fence along the Devries Field outfield is being developed and w e hope to have that installed before the playground is completed. KENDALL AVENUE SIDEWALKS - There was a pre-construction meeting today for the Kendall Avenue Sidewalk Project. Work will begin in t w o weeks. The Village will arrange to have parking available on at least one side of the street during construction. COURT WORK- Improvements to the Court Room are almost complete. All the furniture and paneling was sanded and refinished, the walls were painted and new chairs were purchased. All that's left to do is to install a new carpet. The Village received a grant to fund the entire project. �STREET FAIR - A reminder that the Sleepy Hollow Street Fair will take place on Saturday, September 10 from 10:00-5:00. The fair is usually on a Sunday but was moved this year out of respect for 9/11. Also on that date is the Swim-a-thon, which will be held at Kingsland Point Park. �Whereas, the Village of Tarrytown has filed a lawsuit against the Village of Sleepy Hollow opposing the issuance of the Special Permit for the development of Lighthouse Landing; and Whereas, the Village of Tarrytown has disputed Sleepy Hollow's findings and conclusions with regard to traffic and related issues; and Whereas, the firm of STV Incorporated, a traffic engineering firm, performed the traffic studies and submitted the reports regarding the traffic studies during the special permit and environmental reviews during the special permit process; and Whereas, it is necessary for Sleepy Hollow to provide evidence to the reviewing Court that the Village took the requisite "hard look" at all traffic issues and proposed the necessary mitigation measures; Now, therefore, be it resolved the Board of Trustees hereby agrees to retain the services of STV Incorporated to work with special counsel for the Village of Sleepy Hollow to review the traffic impacts analysis and adopted mitigations as contained in the adopted State Environmental Quality Review Act Final Environmental Impact Statement, the Supplemental Findings Statement and related SEQRA documentation; to provide comment to assist in the technical review and preparation of response to said lawsuit; and to provide expert testimony on behalf of the Village of Sleepy Hollow, if necessary; and Be it further resolved, the Board of Trustees authorizes the Mayor to execute a professional services agreement with STV Incorporated to be approved by Village Counsel, and to include in said agreement, the following hourly rates for STV personnel: Steven Scalici, PE $255/hour Patrick O'Mara, PE $178/hour Molly MacQueen, LEED AP $261/hour and Be it further resolved, the Board of Trustees directs that a cap for the total amount for said services be set at $5,000. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on tiie 2nd day oF September 201 I by and between the Village of Sleepy Hollow with principal offices located at 23 Beekman I'lace, Sleepy Hollow, New York ("Client"), and 81V Incorporated with principal offices located at 225 Park Avenue South, New York, New York ("STV"). WITNESSETH W H E R E A S , Client, desires to retain S T V to render and pertorm certain professional services relating to C l i e n t ' s traffic impact analysis and mitigation m e a s u r e s for the I j g h t h o u s e L a n d i n g Project (the " P r o j e c t " ) ; and WHEREAS, STV is willing to render such services in accordance with the terms and conditions in this Agreement. NOW, fHEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the receipt and adequacy of which is hereby acknowledged by the parties, the parties do hereby agree as follows: ARTICLE I - STV'S RESPONSIBILITIES A. STV agrees to perform the professional services (the "Services") described n detail in Exhibit A attached hereto and incorporated herein (the "Scope of Services"). B. STV shall not be required to initiate any work under this Agreement until a written Notice to Proceed has been received from the Client. C. Client may make changes within the Scope of Services to be performed by STV. All changes to this Agreement must be in writing and signed by both Parties. If such changes result in an increase in the STV's costs and/or increase the time required for the nature of performance of the Agreement ("Additional Services'"). STV shall so notify Client within five (5) days of receipt of the change order notification and an equitable adjustment shall be made and the Agreement shall be changed in writing through a change order signed by the Client and S f V . Client expressly agrees STV shall have no obligation to proceed with any Additional Services unless and until both Parties have signed the required change order document. STV shall not be in default hereunder for any refusal to proceed with any Additional Services. D. If required for the Services. STV shall secure and maintain the licenses, professional registrations, permits and other authorizations necessary for S'fV to perform the services identified herein. It is expressly understood that Client is responsible for any and all other peririits, licenses, authorizations, and bonds, including related fees and any administrative fees or any taxes required by any federal, state, or local government law. E. S f V is an independent contractor for this Project, and is not an employee, agent or partner of the Client. �F. S rV will pertoriTi its obligations in a manner consistent with that level of skill and care exercised by members of the same field currently practicing under similar conditions and circumstances at the time such services are rendered (the "Standard of Care"). Fistimates of cost, approvals, recommendations, opinions and decisions by STV are made on the basis of S I V's experience, qualifications and professional judgement and are not to be construed as warranties or guarantees. G. Consistent with the Standard of Care, the Services shall conform to applicable laws, ordinances, codes, rules, regulations and other legal requirements at the time Services are rendered. H. S'fV shall not be required to sign any documents, no matter by whom requested, that would result in STV having to certify, guaranty, or warrant the existence of conditions whose existence S'PV cannot ascertain. Any certification provided by STV shall be so provided based on STV's knowledge, information and belief subject to the standard of care set forth above, and shall be given in STV's professional opinion consistent with the same. STV shall be compensated for any work necessary to verify project compliance with regulatory standards for purposes of such certification. I. STV's opinions of probable construction cost provided pursuant to this Agreement are to be made on the basis of STV's experience and qualifications and, consistent with the Standard of Care, represent STV's judgment as a professional generally familiar with the industry. However, since STV has no control over the cost of labor, materials, equipment, or services furnished by others, or over the methods of determining prices, or over competitive bidding or market conditions, STV cannot and does not guarantee, and shall therefore have no liability in the event that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by STV. J. During the construction phase of the Project, STV shall not supervise, direct, or have control over a contractor's work, nor shall STV have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by contractor, for safety precautions and programs incident to the contractor's work in progress, nor for any failure of contractor to comply with laws and regulations applicable to contractor's furnishing and performing the work. K. S'FV neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the work in accordance with the contract documents. L. STV shall not be responsible for the acts or omissions of any contractor(s), subcontractor or supplier, or of any of the contractor's agents or employees or any other persons (except STV's own employees) at the l^roject site or otherwise furnishing or performing any of the contractor's work; or for any decision made on interpretations or clarifications of the contract documents given by Client. ARTICLE 2 - CLIENT\S RESPONSIBILITIES A. Immediately upon execution of this Agreement, Client shall provide available information to S FV regarding the requirements for the Project. SI V shall be entitled to rely upon the accuracy and completeness of all requirements, programs, instructions, reports, data and other information furnished by Client pursuant to this Agreement. �B. Client may designate a representative aiitiiorized to act on its beiiaif with respect to the Project. Client, or such authorized representative, shall render decisions in a tiinely manner pertaining to documents subinitted by SI V in order to avoid unreasonable delay in the orderly and sequential progress of S'I'V's services. C. Client is alone responsible for payment to STV under this Agreement and such duty to pay STV shall not be subject to any third party agreement. ARTICLE 3 - FORCE MAJEURE A. STV will not be responsible for delays attributable to acts of God, acts of third parties, intervention of public authorities, weather, work stoppages, changes in applicable laws or regulations after the date of commencement of performance hereunder and any other acts or omissions or events which are beyond the control of STV. Costs and schedule commitments shall be subject to renegotiations for unreasonable delays caused by Client's or third party's failure to provide specified facilities or information. The time for performance of this Agreement shall be extended proportionately in the event STV is delayed in the performance of this Agreement by such causes and additional compensation may be due STV in accordance with the provisions of hereof. ARTICLE 4 - COMPENSATION A. Client will compensate the STV the amounts set forth in Exhibit B C'Compensation") in accordance with this Agreement and as further described in Exhibit B as may be modified in writing from time to time. STV shall be compensated and paid for all services described herein in the amount not to exceed Five Thousand dollars, ($5,000.00), without client's approval, to be computed in accordance with the Schedule in Exhibit B. Upon submission, not more frequently than once per month, by STV of an invoice for S T V s services. Client will, within thirty (30) calendar days, pay STV for services performed. Time is of the essence in payment of S T V s invoices, and timely payment is a material part of the consideration of this agreement between STV and Client. Invoice amounts in dispute shall not affect Client's obligation to pay remaining invoice charges. C. Unpaid balances shall be subject to an additional charge of one and three quarters (1.75) percent per month from the date of the invoice. In addition, STV may, after giving seven (7) days written notice to Client, suspend services without liability until Client has paid in full all amounts due S r V . Sealed plans, final documents, reports and attendance at meetings/hearings will not be provided unless payment for services is current. If STV is performing services for the Client under multiple projects, invoice payments must be kept current on all projects for services hereunder to continue. Client acknowledges S FV's right to suspend services and withhold plans and documents, as provided above, if payments are not current on all projects. If services are suspended for thirty (30) days or longer, upon resuming services STV shall be entitled to expenses incurred in the interruption and resumption of its services. If services are suspended for ninety (90) days or longer, STV shall be entitled to compensation for all expenses incurred during �the interruption and resumption of its services and fees for remaining services shall be equitably adjusted. Should it become necessary to utilize legal or other resources to collect any or all monies rightfully due for services rendered, STV shall be entitled to full reimbursement of all such costs, including reasonable attorneys' fees and costs, as part of this Agreement. ARTICLE 5- INSURANCE/INDEMNtTY A. STV agrees to c a n y the following insurance during the term of this Agreement: 1. Worker's Compensation and Employer's Liability Insurance in compliance with statutory limits. 2. Professional Errors and Omissions Insurance with limits of not less than ONE MILLION DOLLARS (1,000,000.00) combined. 3. Automobile Liability Insurance with limits of not less than ONE MILLION DOLLARS (1,000,000.00) combined single limit for all motor vehicles owned, rented or used by the STV. 4. Comprehensive General Liability, Bodily Injury and Property Damage Insurance with combined single limits of ONE MILLION DOLLARS (1,000,000.00) per occurrence and in the aggregate. Certificates of insurance will be furnished upon request. If Client requires additional insurance coverage, and it is commercially available, Client agrees to reimburse STV for the expense of carrying such additional insurance. B. The Client and STV shall at all times indemnify and save harmless each other and their officers and employees on account of any claims, damages, losses, litigation, expenses and/or counsel fees arising out of any claims, damages, personal injuries and/or property losses sustained by or alleged to have been sustained by and person or entity, to the extent such claims, damages, losses, litigation, expenses and/or counsel fees are caused by the negligent acts, errors or omissions of the indemnifying party, its employees, or subcontractors in connection with the Services. C. Client agrees to the fullest extent permitted by law, to indemnity, defend, and hold harmless STV, its officers, employees, and subcontractors from and against any and all claims, suits, demands, liabilities, costs, including reasonable attorneys' fees and defense costs, caused by, arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products, or materials that exist on, about, or adjacent to the Project site. ARTICLE 6 - LIMITATION ON LIABILITIES Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted by law, neither party shall be liable to the other for any incidental, special, indirect or other consequential damages incurred due to the fault of the other party, regardless of the nature of the fault or whether it was committed by the Client or STV, or their employees, subconsultants, or subcontractors. Consequential damages include, without limitation, liability for loss of use of the Project or existing property, loss of profits, loss of use, loss of production, or business interruption, however the same may be caused. �Client hereby agrees that, to the fullest extent permitted by law, STV's total liability to Client and any persons or entities claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Project, the Services, or this Agreement from any cause or causes including, without limitation, S ' f V s negligence, errors, omissions, strict liability, statutory liability, indemnity obligation, breach of contract or breach of warranty shall not exceed Fifty Thousand & 00/100 Dollars ($50,000.00). ARTICLE 7 - OWNERSHIP OF DOCUMENTS All documents including without limitation all drawings and specifications (whether in hard or electronic format) prepared by STV pursuant to this Agreement are instruments of service with respect to the Project. Such documents are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Any reuse by Client or a third person or entity authorized by Client without written verification or adaptation by STV for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to STV; and the Client shall release, defend, indemnify, and hold harmless STV from all claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle STV to additional compensation at rates to be agreed upon by STV and the Client or the third person or entity seeking to reuse said documents. If any information hereunder is provided in electronic format, Client recognizes that such information record on or transmitted as electronic media, including CADD or BIM documents ("Electronic Documents') are subject to undetectable alteration, either intentional or unintentional, due to, among other causes, transmission, conversion, media degradation, software error, or human alternation. Accordingly, the Electronic Documents are provided to Client for informational purpose only and not as record documents. To the fullest extent permitted by law, STV retains the copyright in all written work products, including but not limited to plans, specifications, drawings, calculations, computer programs, and computergenerated materials in any form, produced in connection with the Services hereunder. Subject to the terms and conditions herein contained, STV licenses to Client the use of all written work product produced in connection with the Project on a non-exclusive basis. ARTICLE 8 - NOTICES A. For purposes of this Agreement, notices and all other communications provided for herein shall be in writing, addressed as provided hereinafter to the party to whom the notice or request is given, and shall be either: (i) delivered personally; (ii) sent by United States certified mail, postage prepaid, return receipt requested; (iii) placed in the custody of Federal Express Corporation or other nationally recognized carrier to be delivered overnight; or, (iv) sent via confirmed telecopy or facsimile (fax) transmission. Notice shall be deemed given: when received if delivered personally or sent via telecopy or facsimile transmission with written confirmation of receipt; forty-eight (48) hours after deposit if sent by mail; and twenty-four (24) hours after deposit if sent by Federal Express or other nationally recognized carrier. B. The address of Client for all purposes under this Agreement and for all notices hereunder shall be: �Client Anthony Giaccio, Village Administrator Village Of Sleepy Hollow Village Hall 28 Beekman Avenue -2nd Floor Sleepy Hollow, New York 10591 Phone No. 914.366.5105 Email: agiaccio@villageofsleepyhollow.org The address of S TV for all purposes under this Agreement and for all notices hereunder shall be: STV Incorporated 225 Park Avenue South New York, NY 10003 Phone No. 212.614.7693 Fax No. 212.529.5237 Email Address: molly.macqueen@stvinc.com Attention: Molly S. MacQueen ARTICLE 9 - CONFIDENTIAL INFORMATION In connection with the performance of this Agreement, STV may disclose to Client, through its representative, secret or confidential information consisting of heretofore unpublished technical or other data in which STV or other parties have proprietary rights, patentable as well as unpatentable. All of this information shall be considered confidential information. Client shall not, except as specifically authorized in writing by STV, disclose to any party any technical, confidential or secret information of whatever kind or nature, so long as, and to the extent that, such information remains unpublished. This obligation shall not apply to information which the Client can demonstrate was in the possession or known to it prior to the date of such disclosure as demonstrated by its records. Nor should this obligation apply to information, which Client can establish, has been properly and lawfully made available to Client from third parties who are under no obligation to maintain the confidential nature of this information. Client shall make no copies of any prints or other documents supplied by the STV, unless expressly authorized or directed to do so. ARTICLE 10 - NO WAIVER No failure of either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of any provisions or conditions hereof. ARTICLE 11 - TERMINATION Either party may terminate this Agreement for convenience upon thirty (30) days written notice. Notwithstanding the foregoing, either Client or STV may terminate this Agreement upon the other Party's material breach of this Agreement, provided that: (a) the nonbreaching Party sends written notice to the breaching Party describing the breach in reasonable detail; (b) the breaching Party does not cure the breach within twenty (20) days following its receipt of such written notice; and (c) following the �expiration o f t l i e twenty (20) days cure period, the nonbreaching Party sends a second written notice to the breaching Party indicating the nonbreaching Party's desire to terminate this Agreement. S TV will be compensated For its services rendered to the date of termination. Termination of this Agreement for any reason whatsoever shall not affect any right or obligation of any party which is accrued or vested prior to such termination, and any provisions of this Agreement relating to any such right or obligation shall be deemed to survive the expiration or earlier termination of this Agreement. ARTICLE 12 - SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof and the remaining provisions hereof shall remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there shall be added automatically as a part of this Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. ARTICLE 13 - SURVIVAL OF PROVISIONS Termination of this Agreement for any reason whatsoever shall not affect any right or obligation of any party which is accrued or vested prior to such termination, and any provision of this Agreement relating to any such right or obligation shall be deemed to survive the termination of this Agreement. ARTICLE 14 - MODIFICATIONS Except as otherwise provided herein, this Agreement may be altered, modified or amended only in writing and signed by both parties. ARTICLE 1 5 - GOVERNING LAW This Agreement shall be governed and professional services shall be performed in compliance with the laws of the State of New York and applicable governmental rules and regulations in effect at the effective date of this Agreement. ARTICLE 16 - INTEGRATION/MERGER CLAUSE This Agreement contains the entire and complete agreement between the parties respecting the Project, and any agreement or representation respecting the Project of the duties of either party in relation thereto in prior negotiations, proposals, orders, representations letter agreements, memorandum or understandings, oral or written, shall be superseded as of the date hereof ARTICLE 17 - BINDING EFFECT Fhe Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. ARTICL E 18 - THIRD PARTIES Nothing contained in this Agreement shall crate a contractual relationship with, or a cause of action in favor of, a third party against either S I V or Client. S l V ' s Services under this Agreement are being performed on behalf of and solely for the benefit and exclusive use of the Client for the limited purposes of this Agreement and no person or other entity shall have any claim against STY because of this Agreement. In addition, nothing herein shall be construed as creating a contractual relationship between the Client and any STY employee, representative, or consultant. Fhe Client agrees that in the event of a �dispute regarding this Agreement or the Services rendered by STV hereunder, the Client shall only seek recourse against STV and hereby expressly waives any and all right to purse a claim against STV's individual officers, directors, or employees. ARTICLE 1 9 - A S S I G N M E N T Client may not assign or transfer any of its duties, obligations, or interests in this Agreement without the prior written consent of S TV. ARTICLE 20 - DISPUTES S r v and Client agree to negotiate in good faith to resolve any disputes or differences arising under this Agreement. Any dispute that cannot be resolved by negotiation will be submitted to mediation conducted in accordance with the current Construction Industry Mediation Rules of the American Arbitration Association or such other form of non-binding Alternative Dispute Resolution (ADR) as they may mutually agree. STV and Client agree that, in the event their dispute resolution procedures as described above do not resolve any disagreement among them and any party elects thereafter to institute legal proceedings, the forum for any such action relating to this Agreement shall be in the Courts located in New York, New York, either State or Federal. STV and Client hereby irrevocably consent to the jurisdiction of such Courts and waive any defense, whether asserted by motion or pleading, that such Courts are an inconvenient or inappropriate venue. E.xcept to the extent that this Agreement expressly permits a party to suspend performance, pending final resolution of a dispute, the parties shall each proceed diligently and faithfully with performance of their respective obligations under this Agreement pending a final resolution of a dispute and failure to so proceed shall be considered a default under the terms of this Agreement. [SIGNATURES TO THIS AGREEMENT ON THE FOLLOWING PAGEl �IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first written above. Client By:. K m m h i Name: f-^vjRftv Title: STV Incorporated By: Name: Wilham F. Matts, PE Title: Executive Vice President / �EXHIBIT A SCOPEi OF SERVICES FOR FHE VILEAGE OF SEEEPY I lOEEOW Scope of Services: STV Incorporated will support the Village of Sleepy Hollow and its attorneys with review of the traffic impacts analysis and adopted mitigation as contained in the adopted State Environmental Quality Review Act (SEQRA) Final Environmental Impact Statement, the Supplemental Findings Statement and related SEQRA documentation for the Lighthouse Landing project in the Village of Sleepy Hollow (former G M site). STV shall provide comment as requested, and shall assist in technical review and preparation of responses to the Article 78 petition of the Village of Tarrytown. Expert testimony on behalf of the Village of Sleepy Hollow is neither expected at this juncture, nor included in this scope. Kevisctl H/3/11 �EXHIBIT B COMPENSATION Compensation: S'FV will provide timesheets to the Village of Sleepy Hollow documenting personnel, and a progress report documenting activities on behalf of the Village. Upon receipt of said invoices, client will remit payment within 30 days upon client's approval of said invoices. STV Incorporated will provide monthly invoices, with hourly rates as follows: Personnel Hourly Rate Steven Scalici, PE $255 Patrick O'Mara, PE $178 Molly MacQueen, LEED AP $261 Expenses: Expenses will be billed at cost. Mileage reimbursement will be billed at the rate allowed by Internal Review Service policy, or 55.5 cents per mile. Revised X/J/l I S r v Agreement �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Authorizing a Raise for Certain Non-Union Employees WHEREAS, Mayor and Board of Trustees have reviewed the performance of the following three non-union municipal employees: Sean McCarthy, Richard Gross and Rae Lee; and WHEREAS, The Village Board discussed their respective performances to date, and wish to increase their salaries as follows, Sean McCarthy -1.5%, Richard Gross -1.0%, Rae Lee - 3.5%; and NOW, THEREFORE, BE IT RESOLVED that a salary increase shall be granted to the above employees effective June 1, 2011; and BE IT FURTHER RESOLVED, that these employees shall continue to contribute to their health insurance premium as outlined in a resolution passed on 5/24/2011, which states that all non-union employees paid an annual salary of less than $75,000 shall be required to contribute 10% of their annual health insurance premium and all non-union employees paid an annual salary of $75,000 or more, shall be required to contribute 12% of their annual health insurance premium; and BE IT FURTHER RESOLVED, that all other terms and conditions of their employment shall remain unchanged; Moved: Trustee Capossela Seconded: Trustee Stupel Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Mayor to sign Inter Municipal Agreement with the County of Westchester for its Bus Shelter Program Whereas, the County of Westchester has requested permission to continue to provide bus shelters in Sleepy Hollow; and Whereas, In exchange for permission to maintain these bus shelters in the Village's right-of-way, Sleepy Hollow will receive 50% of the County's share of advertising revenue, and Whereas, Westchester County has provided a draft five year inter-municipal agreement for Sleepy Hollow to enter into its bus shelter program, Whereas, Village Council has reviewed the inter-municipal agreement and found to be acceptable. Now Therefore Be It Resolved the Board of Trustees hereby authorizes the Mayor to execute a five year inter-municipal agreement with the County of Westchester for its bus shelter program. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �INTERIM UN ICI P A L A G R E E M E N T T H I S A G R E E M E N T entered into this day o f , 2 0 _ by and between T H E C O U N T Y O F W E S T C H E S T E R , a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine-Aveiiue, White Plains, New York 10601 (the "County") and T H E V I L L A G E OF S L E E P Y H O L L O W , a municipal corporation of the State of New York, having an office and place of business at 28 Beekman Ave. Sleepy Hollow NY 10591 (the "Cooperating Municipality") WITNESSETH: W H E R E A S , the County has entered into a License Agreement with a private franchisee to construct, operate and maintain bus passenger shelters at various locations within the County as well as provide advertising on bus shelters; and WHEREAS, the Cooperating Municipality is desirous of having the County provide bus passenger shelters within the Cooperating Municipality pursuant to said License Agreement for the comfort and benefit of its citizens. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties agree as follows: FIRST: The County is hereby authorized to provide and maintain shelters pursuant to a License Agreement between the County and Clear Channel Outdoor, inc., or its successors at locations within the Cooperating Municipality, all as shown on Attachment "A" attached hereto and made a part hereof The Cooperating Municipality warrants and guarantees to the County and its Licensee that all sites shown on Attachment "A" have been reviewed by the Cooperating Municipality and that each and every site contbmis with traffic and safety standards, with all local, state and federal laws, rules and regulations, and �that it is either wholly contained on a public right-of-way or the appropriate easement has been requested and granted, and a private property release is on file with the Westchester County Department of Transportation. The Cooperating Municipality further certifies and guarantees that the sites designated on Attachment "A" are legally designated bus stop locations or that the sites will be so designated prior to installation of new bus passenger shelters. If such designation is the responsibility of a governmental agency other than the Cooperating Municipality, the Cooperating Municipality will use its best efforts to obtain such designation. Attachment "A" shall consist of 1. A list of all bus shelters built under the County Bus Shelter Program located in the Cooperating Municipality. 2. A list of all necessary permits and the name of the municipal official who should be contacted. As the bus shelters are going to be provided as a municipal service, all permit fees shall be waived. The Cooperating Municipality shall have the opportunity to request additional bus passenger shelters other than those in Attachment A. Requests shall be made to the Westchester County Department of Public Works and Transportation. The County will provide shelters to cooperating municipalities, as they are available based upon the terms of License Agreement. They will be installed according to site suitability and passenger usage. SECOND: The term of this Agreement shall be for five (5) years commencing on April 1, 2011 and expiring on March 31, 2016, which term coincides with the expiration of the License Agreement with Clear Channel Outdoor, Inc.. A copy of the License Agreement is on file with the Westchester County Department of Public Works and Transportation ("WCDPWT") and may be examined by an authorized representative of the Cooperating Municipality upon reasonable notice to the County. This Agreement shall �encompass presently existing bus passenger shelters and those constructed pursuant to the License Agreement. THIRD: The design and installation of any bus passenger, shelters to be erected within the Cooperating Municipality shall be similar to, but may vary in details from the design drawings entitled "Westchester County Bus Shelter Detail" and dated August 5, 2010, copies of which are on tile with the Cooperating Municipality and the County (hereinafter the "Design Drawings"). In no event, however, shall the size and illumination of the advertising signs vary from those shown in the Design Drawings without prior approval of the Cooperating Municipality. FOURTH: After the County has deducted $95,000 annually, for administrative e.xpenses, the remaining revenue received by the County from the Licensee shall be divided between the County and the Cooperating Municipalities on a 50/50 ratio. The share of the revenue due the Cooperating Municipality will be detennined by the ratio of that number of sheUers operated by the Licensee and producing revenue in the Cooperating Municipality to the total County-wide number of shelters operated under the License Agreement during one annual payment period. Payment will be made by the County to the Cooperating Municipality in June 15th of each year of this Agreement, beginning on June 15th, 2012. FIFTH: The Licensee of the County shall be required to hold harmless and defend the Cooperating Municipality and its employees, officers and agents from all claims, suits and actions arising from the construction and maintenance of the shelters. SIXTH: All advertising to be displayed on the bus passenger shelters will be submitted to the County Commissioner of Department of Public Works and Transportation for approval. The Cooperating Municipality agrees that this approval shall be sufficient approval for the display of such advertising within the Cooperating Municipality. The County agrees that no political or religious advertising shall be allowed. The County �further agrees that no advertising tor tobacco products will be allowed, nor shall the County accept any advertising which does not meet reasonable standards of good taste. SEVENTH: The Licensee of the County shall be required to maintain all shelters in good condition. They shall clean each shelter on a regular basis, and shall be required to repair any damaged shelter. EIGHTH: The Cooperating Municipality shall not enter into bus shelter advertising programs on its own. The Cooperating Municipality shall waive all municipal fees for the bus shelters. NINTH: If during the term of this Agreement any bus passenger shelter is required to be removed or relocated for any reason at the request of the Cooperating Municipality, said removal or relocation shall be done only by the County's Licensee, at the sole cost and expense of the Cooperating Municipality. TENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. ELEVENTH: This Agreement shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. TWELFTH: This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. �T H I R T E E N T H : In the event of any conflict between the terms of this Agreement and those of its attachments, the ternis of the Agreement shall control. IN W I T N E S S W H E R E O F , the parties hereto have executed this Agreement in triplicate. T H E C O U N T Y OF W E S T C H E S T E R By: John J. Hsu Commissioner of Public Works And Transportation COOP By: RATING M U N I C I P A L I T Y M2 Name & Title) Authorized by the Board of Legislators of the County of Westchester pursuant to Act No. 62 - 2011 adopted on the 9th day of May, 2011. Authorized by the Board of Acquisition and Contract of the County of Westchester on the 30th day of June, 2011. Authorized by the governing board of the Cooperating Municipality on the , 20 . Approved as to tbmi and manner of execution: Assistant County Attorney County of Westchester S/I/D'rR/83534/Bus S h e l t e r IMA day of �MUNICIPALITY'S ACKNOWLEDGEIVIENT STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER) On this day of _ ^ 2011, before me personally came , to me known, and known to me to be the of / t i i a j e '^laa^vVMla^ i/ u " ^ the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say t h a ( h ^ h e said and that he resides at of said municipal corporation. PAULA A MCCAfiTHY Notary Public - State of New fork NO. 01MC6198640 Quilified In WiSlchBStir County_ M» Commission Expirts f �CERTIFICATE OF AUTHORITY (Municipality) ( O f f i c e r o t h e rr t h a n o f f i c e r s i g n i n g ccontract^ ontract) c e r t i f y that I a m t h e , , _ ^ _ \ i t of the ( N a m e of Municipality) ( t h e " M u n i c i p a l i t y " ) a c o r p o r a t i o n d u l y o r g a n i z e d in g o o d s t a n d i n g u n d e r t h e ( L a w u n d e r w h i c h o r g a n i z e d , e.g., t h e N e w Y o r k V i l l a g e Law, T o w n Law, General Municipal Law) n a m e d in t h e f o r e g o i n g a g r e e m e n t that ( P e r s o n e x e c u t i n g agreemCTt) w h o s i g n e d said a g r e e m e n t on b e h a l f o f the M u n i c i p a l i t y w a s , at the t i m e o f e x e c u t i o n \J r U i n g-E M ^ Q L ^ / e . of the Municipality, ( J i t l e o f s u c h persorQ; that said a g r e e m e n t w a s d u l y s i g n e d f o r on b e h a l f o f said M u n i c i p a l i t y b y a u t h o r i t y o f its o w n B o a r d , V i l l a g e B o a r d , City C o u n c i l ) t h e r e u n t o d u l y a u t h o r i z e d , a n d that s u c h a u t h o r i t y is in fijll f o r c e and e f f e c t s t h e d a t e h e r e o f . fe) STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) O n this m ( , 'TT- C ^ C? O day o i ^ M / H m . / ' , 2011, before me personally came w h o s e s i g n a t u r e a p p e a r s a b o v e , to m e k n o w n , a n d k n o w to be the A DU^rtAsTraXor of X h e s/tHQjt. aj- S t e e ^ Noliow t h e m u n i c i p a l c o r p o r a t i o n d e s c r i b e d in a n d w h i c h e x e c u t e d t h e a b o v e c e r t i f i c a t e , w h o b e i n g b y m e d u l y s w o r n did d e p o s e a n d say t h a t ^ ^ t h e s a i d ' y C^^CX^CC, CjO r e s i d e s at \0 JrAj^^tP*'' AnTf^JtirT^^irfT^^^^ Xl jy^^t^jTy h e is t h e ((Hfle)S l e T /' J 'fTi^T'^y'of , a n d that said m u n i c i p a l c o r p o r a t i o n . ^ Isiotaty^Siic County PAULA A MCCARfRY Notify Public - Stati of M«w York NO. 01MC6138640 Quiliflid in Wsstchesfsr^Cpuni lesfsr Csunty , My Commission Expires fj. �Attachment "A" BUS SHELTERS COMMUNITY # LOCATION DESCRIPTION Sleepy Hollow 01 Rockwood Rd & Phelps Dr N/E Corner Sleepy Hollow 02 Cortlandt St & Beekman Ave S/E Corner List of all permits required; Name of contact and title for permit applications: � 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-2011 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_2011-10-30 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/fc61ae7d6acd9b2acd87f39c7fa1dc68.pdf b469a8ff601e8511afe0532d3824a34b PDF Text Text Resolution Hiring Joseph DiPalma as Part-Time Crossing Guard WHEREAS, a position for part time, on-cali, crossing guard is needed to fill in when a crossing guard is out sick or has requested time off; and WHEREAS, in order to maintain the safety of school children and pedestrians, this position should be filled as quickly as possible; and WHEREAS, Joseph DiPalma of Sleepy Hollow, NY, has worked as a seasonal crossing guard and has applied for this position; and WHEREAS, the Chief of Police has recommended that Joseph DiPalma be hired on a part time basis to fill this position; and, WHEREAS, the Trustees that comprise the Public Safety Committee for the Village of Sleepy Hollow concur with the Chiefs recommendation; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow hereby approves that Joseph DiPalma be hired on a part time basis to work as a crossing guard for the Village of Sleepy Hollow at a salary rate of $15.00 per hour. Moved: Trustee Schroedel Seconded: Deputy Mayor Capossela Vote: 5-0 �Resolution Hiring Emmanuel Anjo as Parking Enforcement Officer WHEREAS, a position for part time Parking Enforcement Officer is available; and WHEREAS, in order to maintain adequate parking enforcement, this position should be filled as quickly as possible; and WHEREAS, Emmanuel Anjo of Ossining, NY, has applied for this position; and WHEREAS, the Chief of Police has recommended that Emmanuel Anjo be hired on a part time basis to fill this position; and, WHEREAS, the Trustees that comprise the Public Safety Committee for the Village of Sleepy Hollow concur with the Chiefs recommendation; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow hereby approves that Emmanuel Anjo be hired on a part time basis to work as a Parking Enforcement Officer for the Village of Sleepy Hollow at a salary rate of $15.00 per hour. Moved: Trustee Campbell Seconded: Trustee Wompa Vote: 5-0 �Meeting Date: Resolution #: 10/25/2011 10/125/2011 Whereas, the Mayor and the Board of Trustees made an interim appointment in the Village Treasurer's office pending the results of civil service examination(s); and Whereas, Christopher Scelza is currently in the Civil Service job title of Administrative Intern, has taken Test #02-501 Telephone Operator/Clerical and earned a test score that placed him in the top three on the Civil Service list for this job title; and Whereas, the Finance Committee recommends a lateral transfer of Mr. Scelza to Civil Service job class code #0202 with no change in salary; Now, therefore, be it resolved that the appointment of Christopher Scelza to the position of Telephone Operator/Clerical at an annual salary of $37,128.00 is hereby approved, subject to a probationary period of up to 52 weeks. Moved: Deputy Mayor Capossela Seconded: Trustee Shroedel Vote: 5-0 �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Entering into an Agreement with Emergency Vehicle Response Apparatus Consultants WHEREAS, the Village of Sleepy Hollow Fire Department is currently using a twenty year old E-One Pumper; and WHEREAS, the Village of Sleepy Hollow Fire Department has researched the purchase of a new pumper, which will replace the abovementioned fire apparatus, and established specifications (the "Bid Documents"); and WHEREAS, the Mayor and Board of Trustees are desirous of hiring a consultant to assist in the review of all aspects in replacing the abovementioned fire apparatus. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow does hereby authorize the Mayor to execute the attached agreement. Moved: Trustee Wompa Second: Trustee Campbell Vote: 5-0 �AGREEMENT FOR SERVICE The Village of Sleepy Hollow, New York and Emergency Vehicle Response This Agreement is made on October _ , 2011 by and between Emergency Vehicle Response (hereafter "EVR") and the Village of Sleepy Hollow, New York, 28 Beekman Avenue, Sleepy Hollow, NY 10591, a municipal corporation duly organized under the laws of the State of New York (hereinafter "Village"). Whereas, the Village is desirous of preparing specifications for the purpose of bidding for and purchasing fire apparatus for the Sleepy Hollow Fire Department; and Whereas, the Village wishes to ensure that the specifications prepared for such purpose meet the current and future needs of the Fire Department; and Whereas, the Village is desirous that all specifications designed for the bid process ensure that the best interests of the taxpayer and the Fire Department are being met; and Whereas, EVR is in the business of reviewing fire apparatus specifications, and advising municipalities regarding the purchase of fire apparatus and is highly recommended; Now, therefore, the Village and EVR hereby agree as follows: 1. EVR will review the technical specifications provided by the Village for the purchase of a pumper apparatus. Prior to the Village going out to bid, EVR will ensure that the specifications comply with the National Fire Protection Standard 1901-Automotive Fire Apparatus requirements as well as current manufacturing practices and design criteria for this type of vehicle. �2. Said review will include, but may not necessarily be limited to, revising as necessary the appropriate technical language to allow competitive bidding; and providing additional language for components which would improve the safety and operational characteristics of the apparatus. 3. EVR will provide written recommendations where necessary to suggest other areas where the specifications provided to EVR by the Village are lacking safety or operationally important components. Said recommendations shall also include amending, adding, deleting, revising language to ensure that the specifications are not so restrictive as to stifle competitive bidding. 4. EVR shall, upon receipt of the bid proposals by the Village, review copies of all pertinent bid documents including bid response, blueprints, required technical documentation and certification of components. The Village shall supply EVR with said copies upon receipt by the Village. 5. EVR shall review the bid proposals received by the Village for compliance with the published bid specifications and provide the Village with a written report outlining the findings of the bid proposal analysis. During the bid proposal review process EVR shall be available for conference calls for the purpose of obtaining necessary information and to assist the Village through the bidding process. 6. EVR shall meet with the Village to discuss the results of the bid specifications analysis. 7. EVR shall assist in conducting the engineering conference and the final inspection on the completed apparatus at the location of the successful bidder. EVR shall submit a written report covering any changes made and note any discrepancies or other concerns which may arise during the inspection process. EVR agrees that a total of four (4) days of inspection and travel time is included as part of this Agreement. 8. The Village agrees to pay to EVR the sum of Six Thousand Five Hundred ($6,500) for services rendered pursuant to this Agreement, payable as follows: �a) '72 the total cost for services rendered upon the receipt by the Village from EVR of the written report outlining the findings of the bid proposal analysis (as referenced in paragraph 5 herein). b) % the total cost for services rendered upon completion of the meeting v\/ith the Village for the purpose of discussing the results of the bid specifications (as referenced in paragraph 6 herein c) % the total cost for services rendered upon final inspection of the apparatus. 9. The Village agrees to pay travel costs necessarily incurred by EVR to conduct the engineering conference and final inspection (including airfare and hotel costs where the successful bidder is located more than 300 miles from the Village). EVR agrees that these costs will be billed at actual costs and will be paid upon the Village receiving receipts for same. EVR agrees that travel costs for the post-bid meeting are included in the cost for the project (as referenced in paragraph 8 herein). IN WITNESS WHEREOF, the parties hereunto set their hand on the date above-written. Village of Sleepy Hollow / 1 Emergency Vehicle Response ' By: By: M^yor Kenneth G. Wray �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of the Inter Municipal Agreement with the Village of Tarrytown and Briarcliff Manor governing a Consolidated Water Services Feasibility Study WHEREAS, the Village of Sleepy Hollow is concerned about escalating government costs and the increasing tax and expense burden to property owners and residents; and WHEREAS, the Village has a history of cooperation and mutual support with the Villages of Tarrytown and Briarcliff Manor re water systems, and it is believed that costs can be saved and service improved by consolidating water services, and the three Villages wish to study the feasibility of consolidating water services of the three Villages; and WHEREAS, the Village was awarded a Local Government Efficiency Grant of $26,000 for such a feasibility study and financial analysis by the New York State Department of State. The grant requires a total match of $2,888.89; and WHEREAS, the attached Inter Municipal Agreement has been drafted to define certain tasks and financial responsibilities of the three Villages in order to implement the grant project. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized to sign the attached Inter Municipal Agreement between the Villages of Sleepy Hollow, Tarrytown and Briarcliff Manor for a feasibility study and financial analysis of consolidating water services with the Villages of Tarrytown and Briarcliff Manor. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 5-0 aeH^/Dqxrty Cteri^ ito h««by ttiat fort^rtr^ is a farue oew a ^ o j ^ by Ote toanJ of Trt^^ of Seepy Hollow, on the ^ ^ d a y 20/Y and Of the whole thereof, ar*l I further csettify that ttie same was entered into the minutes of ttie m ^ i ^ of said Beard of Tai^ees h^d on said date. IN mmms wwmic*, I have hereuffo my hand and ofBdal mA t W ^ ^ d a y t r f . ^ ^ ,MlL �Intermunicipal Agreement By and Between the Villages of Sleepy Hollow, Tarrytown and Briarcliff Manor for the Water Consolidation Feasibility Study project THIS INTERMUNICIPAL AGREEMENT, made the day of October 2011 by and between: The VILLAGE OF SLEEPY HOLLOW, a municipal corporation of the State of New York, having an office and place of business at 28 Beekman Avenue, Sleepy Hollow, New York 10591 (hereinafter referred to as "Sleepy Hollow"), the VILLAGE OF TARRYTOWN, a municipal corporation of the State of New York, having an office and place of business at One Depot Plaza, Tarrytown, New York 10591 (hereinafter referred to as "Tarrytown") and the VILLAGE OF BRIARCLIFF MANOR, a municipal corporation of the State of New York, having an office and place of business at 1111 Pleasantville Road, Briarcliff Manor, New York 10510 WITN ESSETH: WHEREAS, in 2009 Sleepy Hollow was the lead applicant, and Tarrytown and Briarcliff Manor the co-applicants, of an application to the New York State Department of State for a General Efficiency Planning grant under the Local Government Efficiency Grant Program to assist with funding a feasibility study of the consolidation of water services of the Villages of Sleepy Hollow, Tarrytown and Briarcliff Manor; and WHEREAS, on May 28, 2010 Sleepy Hollow received a notice of award from the New York State Department of State for the water services consolidation feasibility study; and WHEREAS, said project award will provide a grant of $26,000 to undertake the feasibility study, and the grant requires a total local match of $2,889; and �WHEREAS, an Intermunicipal Agreement is necessary among Sleepy Hollow, Briarcliff Manor and Tarrytown to define certain tasks and financial responsibilities in order to implement said grant project. NOW THEREFORE, the following constitutes a binding agreement by and among the parties. THE PROJECT The intent of the project is to study the feasibility of a consolidation of water services among the three villages in order to reduce water rates; to reduce the financial stress on property owners and residents, and to coordinate the transmission and delivery of safe, reliable and fresh volumes of potable water. The feasibility study will identify water consumer cost impact and will express it as Total Cost Impact, Cost Impact per Capita and Estimated Impact on Water Rates resulting from a proposed consolidation. The feasibility study shall discuss different models for a consolidated water entity with a recommendation of the model which will best reduce costs, improve the efficiency and effectiveness of the operation, and increase the ongoing reliability of the water system. The study will include meetings between the contractor and stakeholders in all three villages. The study will address issues including reduction of staffing duplication, licensing, economies of scale from bulk purchasing, the elimination of unnecessary redundancy, the different water rate and billing structures of each Village, debt service levels, labor issues and physical infrastructure. The study will make recommendations as to the most efficient and cost effective way to supply water to residents, and will include financial analyses and an �implementation plan. It will be issued in the form of a feasibility study report, which is the deliverable conclusions and recommendations of this project. FEASIBILITY STUDY REPORT The consultant will issue the draft feasibility study report which will be reviewed by the working group, each member of which will provide comments. The report will then be presented at a public meeting for review and comment. The consultant will then finalize findings, conclusions and recommendations and issue a final feasibility report to the working group. The final report will be presented to each Village's Board of Trustees for review and action. The Mayor and Trustees of each municipality shall decide whether or not to implement the recommendations. A new InterMunicipal Agreement will be necessary to govern implementation should the parties decide to proceed with the feasibility report's recommendations. SELECTION OF CONSULTANT Sleepy Hollow shall prepare, with substantial input from the working group, a Request For Proposals ("RFP") for the consultant to do the feasibility study, which shall be approved by all parties. Each Village may submit names of consultants and firms to which the RFP will be sent. Sleepy Hollow shall forward each proposal received to Tarrytown and Briarcliff Manor. Once proposals are received, the working group shall meet to review and rate each based on general hydraulic experience, experience with municipal and private water systems, and pricing fee regimes. The consultant with the highest total grading score shall be appointed. In the event of a tie score. Sleepy Hollow shall select one of the consultants with the highest �score. Where the working group agrees that no proposal reflects acceptable experience or affordable fees, an amended RFP shall be issued or the project shall be canceled. DISTRIBUTION OF LABOR AND FINANCIAL RESPONSIBILITY The parties agree on the following distribution of labor and financial responsibility: 1. Working Group. A working group comprised of each Village's Administrator/Manager and manager responsible for water department oversight will oversee the project. This working group will define the project, develop the RFP, select the consultant to do the study, facilitate the consultant's work with village staff, review the draft report and present the final report to the respective Boards of Trustees. Each member of the working group shall have an equal vote. In the case of an unbroken tie, the three Mayors of the Villages shall vote to break the tie. Each Village shall pay its own costs for the services of the working group. 2. Grant Administration. Sleepy Hollow will be responsible for administering the Local Government Efficiency grant. Sleepy Hollow's Director of Grants will undertake this work and provide written documentation to Sleepy Hollow, Tarrytown and Briarcliff Manor regarding the costs of that work to be divided pursuant to the cost sharing agreement below. 3. Project Expenses. Sleepy Hollow will be responsible for contracting with the consultant conducting the study. Sleepy Hollow will also be responsible for drafting the Intermunicipal Agreement and preparing the RFP, and the cost of these two functions shall not exceed $3,000, or $1,000 per municipality. Costs associated with drafting this Intermunicipal Agreement, preparing the RFP, retaining the consultant, �the consultant's cost and expenses, meetings, public information sessions, and the production of the report will be shared as defined below. Sleepy Hollow shall provide Tarrytown and Briarciiff Manor documentation, in the form of invoices from consultants and/or attorneys, relating directly to this project and the Villages shall have the right to question the invoices as submitted and shall not be responsible for payment until the questions are answered to the satisfaction of the Villages. 4. Cost Sharing. Each Village agrees to pay 33.3% of the total cost of the project less the grant funding received. 5. Municipal Funds. Four sources of funds are anticipated for the undertaking of this project: NYS Department of State Local Government Efficiency grant funds in the maximum amount of $26,000 and funds from the three different municipalities. NOTICES All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage prepaid or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. To the Village of Sleepy Hollow: Mayor Ken Wray Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 �With a copy to: Village Attorney Village Administrator 28 Beekman Avenue 28 Beekman Avenue Sleepy Hollow, NY 10591 Sleepy Hollow, NY 10591 To the Village of Tarrytown: Mayor Drew Pixel! Village of Tarrytown One Depot Plaza Tarrytown, NY 10591 With a copy to: Village Attorney Village Administrator One Depot Plaza One Depot Plaza Tarrytown, NY 10591 Tarrytown, NY 10591 To the Village of Briarcliff Manor Mayor William 1 Vescio Village of Briarcliff Manor n i l Pleasantville Road Briarcliff Manor, NY 10510 With a copy to: Village Attorney Village Manager n i l Pleasantville Road n i l Pleasantville Road �Briarcliff Manor, NY 10510 Briarcliff Manor, NY 10510 ENFORCEABILITY This Agreement shall not be enforceable until executed by all three parties. In the event that any one or more provisions, sections, subsections, clauses or words of this Agreement are for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, but this Agreement shall be construed and enforced as if such illegal or invalid section, subsection, clause or word has not been contained herein. 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 Villages of Sleepy Hollow, Tarrytown and Briarcliff Manor have authorized execution of this Agreement. All covenants, stipulations, promises, agreements and obligations of the Parties contained herein shall be deemed to be stipulations, promises, agreements and obligations of the Parties and not of any member, officer or employee of the Parties in his individual capacity and no recourse shall be had for any obligation or liability herein or any claim based thereon against any member, officer or employee of the Parties or any natural person executing this Agreement. ARIBTRATION Any controversy or dispute arising out of or relating to this Inter Municipal 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 have 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 involved in the dispute or controversy shall equally share the costs of the fees and expenses of the arbitrator selected. WAIVER Failure of any party to insist upon strict performance of any term, condition or covenant of this Agreement shall not be deemed to constitute a waiver or relinquishment of such term, condition or covenant for the future right to insist upon and to enforce by injunction or by other legal or appropriate remedy strict compliance by any other party with such term, condition or covenant. Village of Sleepy Hollow By: Village of Briarcliff Manor By: Village of Tarrytown By: Approved by the Board of Trustees of the Village of Sleepy Hollow by resolution dated Approved by the Board of Trustees of the Village of Briarcliff Manor by resolution dated Approved by the Board of Trustees of the Village of Tarrytown by resolution dated �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Study Pier for Rehabilitation to Public Recreation Use WHEREAS, the Village of Sleepy Hollow anticipates receiving the pier at the current Castle Oil site as a donation from the prospective developer, National Resources. This donation is expected to include a narrow strip of Hudson Riverfront land running the length of the property; and WHEREAS, the Village plans to rehabilitate this industrial pier for public recreational use for fishing, view enjoyment, and the mooring of small recreational watercraft; and WHEREAS, the Village is aware that the pier has been used for many decades to facilitate the transfer of oil from Castle Oil's vessels to the land but little other information about the pier is available to the Village at this time due to Castle Oil's security; and WHEREAS, a study is necessary to determine the environmental impact and repercussions of the current use of the pier, the existing condition and load bearing capacity of the pier, the cost of rehabilitation and the restrictions and possibilities; and WHEREAS, the 2011 New York State Office of Parks, Recreation and Historic Preservation's Park Acquisition, Development and Planning Program and the NYS Department of State's Local Waterfront Revitalization Program have been identified as funding sources appropriate for the necessary study, each of which requires a 50% match, and both of which are accessed via the new NYS Consolidated Funding Application. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized to file an application for funds in the New York State Consolidated Funding Application round from the New York State Office of Parks, Recreation and Historic Preservation and the NYS Department of State in accordance with the provisions of the Park Acquisition, Development and Planning Program and the Local Waterfront Revitalization Program in an amount not to exceed $100,000, and upon approval of said request to enter into and execute a project agreement with the State government for such financial assistance for a feasibility and design study of the pier at Castle Oil; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Stupel Seconded: Trustee Wompa Deputy Mayor Capossela Voted: No Vote: 4-1 �BE IT RESOLVED that the Village of Sleepy Hollow has the following eleven election districts in the Village Election to be held on March 20, 2012; and BE IT FURTHER RESOLVED that the following polling places be open from 7:00 a.m. to 9:00 p.m. on Election Day: Election District Union Hose Co. Firehouse Corner of Cortlandt and Cedar Streets Sleepy Hollow, NY 2"^ Election District Union Hose Co. Firehouse Corner of Cortlandt and Cedar Streets Sleepy Hollow, NY S''^ Election District Fire Headquarters 28 Beekman Avenue, Sleepy Hollow, NY Election District Fire Headquarters 28 Beekman Avenue, Sleepy Hollow, NY Election District James Galgano Senior Center 55 Elm Street, Sleepy Hollow, NY Election District Hudson Valley Writers' Center 300 Riverside Drive, Sleepy Hollow, NY Election District Fraternal Order of Eagles 322 North Broadway, Sleepy Hollow, NY Election District Fraternal Order of Eagles 322 North Broadway, Sleepy Hollow, NY 9"^ Election District St. Teresa's of Avila School 130 Beekman Avenue, Sleepy Hollow, NY lO"' Election District Hudson Valley Writers' Center 300 Riverside Drive, Sleepy Hollow, NY 11'^ Election District The Commons Building Kendal-on-Hudson 1010 Kendal Way, Sleepy Hollow, NY Moved: Deputy Mayor Capossela Seconded: Trustee Wompa Vote: 5-0 � 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-2011 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_2011-10-25_RES-01-123-129 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/83d457c28b045c0b3aa908ded0757277.pdf e5f60e6b148ae9a9529d3cb758ca6cae PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, October 18, 2011 at the Sleepy Hollow Village Hall, 28 Beekman, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. Wompa Bruce R. Campbell Barbara J. CanDavid L. Schroedel Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Attorney Greg Camp, Police Chief John Korzelius, Fire Chief Mayor Wray called the work session to order at 7:00 p.m. WESTCHESTER COUNTY PASSENGER TRANSPORT IMA - Barbara Monahan and Tom Richio from the Westchester County Taxi and Limousine Commission made a presentation that summarized a County program that permits the Village to enforce illegal livery cabs and taxis in return for revenue from fines. The Board recently entered into an IMA with the County regarding this. AUDITORS REPORT - Auditor David Spara from Toski Schaefer gave a report on the Village's 2009/2010 financial statement. The Village did see an increase to its fund balance, but water revenues were down significantly. WATER RESERVIOR - Mayor Wray outlined the next steps as they relate to the water reservoir project. The Village is the lead agency under SEQRA for this project. A study needs to be completed on the plan to install a reservoir either directly above or below the existing water reservoir. Once the study is complete, the Board will issue a new findings statement. WATER PROJECT IMA - Grant writer, Fiona Hodgson introduced a resolution to authorize the Mayor to sign a shared services inter municipal agreement to study ways in which Briarcliff, Tarrytown and Sleepy Hollow can share water services. The three Villages received a grant for �this project. The estimated match, not including in kind work, is $1,000 per community. Mayor Wray requested that a resolution to approve this study be on the next Board Meeting agenda. GRANT APPLICATION FOR PIER - Grant writer, Fiona Hodgson asked the Board to choose between two grant applications. The two grant applications request funds for a Pocantico River study and funds for a new pier. Both projects have pros and cons, but the Board felt that the better project would be the pier. Mayor Wray asked that a resolution to approve this grant application be on the next Board Meeting agenda. FIRE APPARATUS CONSUTLANT - Fire Chief, John Korzelius submitted a proposal from consulting firm "Emergency Vehicle Response" (EVR) to assist with the purchase of a new fire apparatus. Chief Korzelius feels that a consultant will be helpful in determining whether or not a new fire apparatus is needed, and if so, what type of apparatus is needed. They will also review bid specifications. Chief Korzelius recommends this particular consulting firm because they are experts in this area. Mayor Wray requested that a resolution to approve the proposal submitted by "Emergency Vehicle Response" (EVR) be on the next Board Meeting agenda. PERSONNEL STATUS CHANGES - The Board reviewed a request made by Chief Camp to change the status of two crossing guards from seasonal to part-time. There will be no additional cost associated with these status changes. The Board also reviewed a request from the Treasurer to change Chris Scelza's civil service status from provisional to permanent. Mr. Scelza recently passed his civil service exam. There is no additional cost associated with this status change either. Mayor Wray asked that a resolution to approve all three of these status changes be on the next Board Meeting agenda. CODE REVISIONS - Janet Gandolfo outlined proposed changes to the Village code. Most of the changes relate to items in the code that are now obsolete or need to be updated. Items mentioned include fire districts, building department codes, hand bills and posters, littering, trees, tattoo shops, signs, residency requirements and telephones. A list of the proposed code revisions is available on the Village's website. Discussion ensued. ANNOUNCEMENTS - Trustee Capossela announced that there will be hydrant flushing going on this week and that if anyone experiences brown water they should let the water run until it clears. Mr. Giaccio announced the upcoming 10k run that will take place on Saturday. At 8:55 p.m. the meeting was adjourned. Res pectful 1 > subn i i ttctl. _ " • . Anthony Gia^io, Village Administrator � 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-2011 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_2011-10-18_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/587b3be5f26f700d9652216cc1e32225.pdf 9396125c5752af5c78b2dfaba9cd7b2d PDF Text Text The Work Session of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, October 11, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Barbara Carr Bruce Campbel Karin Wompa Evelyn Stupel, Trustees Absent: Thomas Capossela David Shroedel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Gregory Camp, Police Chief At 7:06 p.m. the Mayor called the meeting to order with a pledge to the flag. Mayor asked for a moment of silence for George Hernandez. Mayor honored and thanked Maria Gorete Crowe with a proclamation for her role in the passage of a new legislation that now makes assaulting a nurse in the workplace a Class D Felony. The Violence against Nurses Law, in New York State, also protects police officers, firefighters and emergency responders. Public Hearing: Senior Tax Exemption The Village Clerk read aloud the Public Hearing notice for the Senior Tax Exempt. Mayor opened the Public Hearing to the public at this time and evoked the 5 minute rule. There were no comments from the public at this time. Fred Gross, Village Assessor, explained that this is an income base sliding scale and seniors with an income of less than $29,000.00 annually, may have a reduction of as much as 50 percent. This year 26 seniors are expected to qualify; last year the Village had a tax loss of $44,000 due to this Exemption. The deadline to apply for this exemption is December 31'V 2011, and seniors must show proof of income. Mario Belanich of North Washington addressed the Mayor and the Board and asked if the income is gross or after tax. Mr. Gross explained and discussion ensued. �There were no comments from the public at this time. On a motion by Trustee Carr, seconded by Trustee Campbell the meeting was closed. Public Hearing: Code Revision The Village Clerk read aloud the Public Hearing notice for the Code Revision. Mayor opened the Public Hearing to the public at this time and evoked the 5 minute rule. Mayor announced that there will be a series of Code Revision Meetings and that this meeting would be adjourned. Mayor explained that some codes are regulated by New York State and that the Village will recognize that. Mayor said the ARB Board will continue to be discussed and all Village signs will be assigned to the Building Department. Don Cateano addressed the Mayor and the Board and complaint about parking tickets, and parking on Lawrence Avenue. Dan Scott of River Street addressed the Mayor and the Board, and asked the Board to preserve the function of the Architectural Review Board. Mr. Scott stated that the ARB is an important role, especially to the downtown. Mr. Scott also commented on the filming permit. Mayor stated that the Board would consider assigning the responsibility of signs and fences to the Building Department and other proposals to the Zoning and ARB Boards. Discussion ensued. Don Cateano, addressed the Mayor and the Board and stated that Code Revision discussions should not be done in public and that it is a waste of time. He complaint about the streets not being wide enough. Mayor stated that it is healthy to have these discussions opened to the public. Discussion ensued. There were no further comments at this time and Mayor made a motion to adjourn. Mayor announced that the meeting is back to regular session. Approval of Warrants: On a motion by Trustee Carr, seconded by Trustee Campbell the warrant of $203,214.52 was approved. It was unanimous. Approval of Minutes: 5/10/2011 On a motion by Trustee Carr, seconded by trustee Wompa the minutes of 5/10/2011 were approved. It was unanimous. �Mayor announcements: Mayor recognized the first Fire Department Open House in the Village. It was a successful event. Public Comments: Don Cateano of Lawrence Avenue addressed the Mayor and the Board and demanded that Lawrence Avenue be made a one way street. He stated that parking on that street has to be addressed and it has caused him to lose tenants. Jack Gasko of Webber Road addressed the Mayor and the Board and stated that a section of Old Sleepy Hollow road is collapsed and needs attention, along with wires that are hanging down in that area. Mr. Gasko also asked for explanation about the NYS audit of the unfiled Village report. Mario Belanich of North Washington St. addressed the Mayor and the Board and questioned a couple of the resolutions on the agenda. He asked about the Youth Officers and their involvement with the local students. Mayor responded that our Police Department works well with our school district and will continue to do so. Trustee Reports: Trustee Carr - reported that she has been busy with Parks and Halloween events. Trustee Campbell - reported that the Parks Committee had a discussion with the tree committee regarding its function and the code revision. The Halloween planning is on its way and has made $30,000.00 in sponsorships, for tickets visit www.sleepyhollowny.qov or www.visitsleepyhollow.org Trustee Wompa - reminded everyone that the children's Halloween event will take place on October 28"", from 3 to 5 pm at the Morse School. Trustee Wompa also reported there will be a photo booth where kids can have their photos taken. All monies raised will go to the Downtown Revitalization. In addition at the Block party there will be a bouncy castle, vendors, a trolley through the Village and a DJ. Trustee Stupel - reported that the housing court had levied $178, 100.00 and the next court date is October 27, 2011. �Administrator's Report: Mr. Giaccio reported that the DEC is having a presentation at the High School. They have tested over 100 properties in the Village. He reported that there is a sink hole near the dock in Horan's landing and will be looking for the contractor to be responsible and fix it. Sexual harassment training for all village employees is scheduled for this week; Recently there was a business owners meeting and It was very successful. Sykes Park will need some resurfacing in the playground. The Fire Dept is having a spaghetti dinner at the Senior Center on 10/15, 6:00 pm-10:00 pm, to benefit Union Hose Fire Department. Approximately 350 tickets have been sold for the Halloween hayride. The Block party is scheduled from 5:00 pm until 11:00 pm, and the hayride will start at 7:00 pm on Beekman Avenue. Village will give out candy to merchants for Trick or Treating on Halloween day, and there will be a DJ with TV screens and most vendors are selling interesting things This is an opportunity for everyone to do fundraising, A Trolley will pick up people at the train station and drop off in the village. Resolutions: (see attached) Old Business: Trustee Wompa stated that the block Party on Beekman Avenue has become an event in itself. New Business; Trustee Wompa asked Chief Camp about Halloween patrolling. Chief explained. Communications: The Village Clerk announced a Liquor license renewal for the restaurant, Les Tigres located at 185 Valley Street. She also announced that the Webber Park Association will be having a tag sale on 10/22/2011 in Webber Park. Mayor Announcements: Mayor Wray stated that the Webber Park Association made a request to close New Broadway during Halloween. Mayor explained this cannot be enforced since many roads feed into that one road. Chief Camp agreed and Mayor stated that we have been successful at keeping the streets safe. Mayor also noted that the New York Power Authority notified the Village that it intends to decrease the rates it charges to governmental customers. �Public Comments: Mayor opened meeting to the public and evoked the 5 minute rule. Mario Belanich, addressed the Mayor and the Board and stated that he is offended that the Village would want to do business with Tarrytown since they have a lawsuit against us. At 8:35 pm on a motion by Trustee Carr, seconded by Trustee Wompa the meeting was adjourned. Bespecjfully submitted, Paula A. McCarthy Village Clerk / 4 " �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Transfer of New York State Environmental Protection Fund Grant for Tarrytown Lighthouse Restoration to Westchester County WHEREAS, in October 2006 the Village was awarded an Environmental Protertion Fund (EPF) grant of $150,000 by the New York State Office of Parks, Recreation and Historic Preservation for the preservation and restoration of the Tarrytown Lighthouse. EPF grant agreement number EPF406095 has not yet been executed; and WHEREAS, in March 2008 the Village was awarded a Save America's Treasures grant of $98,000 by the National Park Service for the Lighthouse project. Grant agreement number 36-08-ML-0741 was executed in August 2009; and WHEREAS, Westchester County owns the Tarrytown Lighthouse. In May 2011 the County approved $552,000 in Capital Budget funds to help finance the Lighthouse restoration; this money will also serve as the required match to both the $150,000 New York State EPF grant and the $98,000 Federal Save America's Treasures grant; and WHEREAS, Westchester County will be managing the preservation and restoration project, including selecting and contracting with the architect and contractors, supervising construction, receiving and paying all architect and contractor invoices and managing the overall budget; and WHEREAS, to facilitate the grant reimbursement process, and given that Westchester County owns the Lighthouse and will be doing all of the procurement, the New York State Office of Parks, Recreation and Historic Preservation has advised its preference to transfer the EPF grant to the County. The Westchester County Department of Parks, Recreation & Conservation has agreed to accept the assignment and has advised that the Village will remain actively involved in the project; and WHEREAS, the National Park Service advises that they are unable to transfer the Save America's Treasures grant to the County as the money has already been obligated to the Village of Sleepy Hollow. (Continue pg 2) �NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow does hereby authorize the transfer of grant number EPF406095 In the amount of $150,000 to Westchester County for the original purpose of said grant, namely the preservation and restoration of the Tarrytown Lighthouse; and authorizes Mayor Kenneth Wray to sign the attached letter requesting that the New York State Office of Parks, Recreation and Historic Preservation assign these grant funds to the County. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 4-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Agreement Extension for 2011/2012 "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 9.1 lane miles 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 a lump sum payment of $1,552.00 per lane miles for a total of $14,123.20 to the Village for said services for the snow season of 2011/2012 and more fully described in the attached Agreement to Extend 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 Campbell Seconded: Trustee Carr lQ^AA^ICI a fc^iy^ the umterstgned Clerk/Depirty uerk, do hereby cerofy that the foregoing Is a t a « o ^ y of an extract duly adopted by the Board ed Timtees of ttie Village of Sleepy hWlcw, on the day of 20 I { and of the whole thereof, and I further certify that t h e s a m e was entered into t h e minutes of the meeting of said Board of Trustees held on said date. I N w r T N E S S WHEREOF, I have t w r o r t ® set my hand a n d o W d a l se»i ms/^T^dav of CZSJ^M^^, 20/( . puty €3ft( Vote: 4-0 �I i)nii.ni I ui0i4 7O5 - i ' - V'lljae 01 Sieeov • irjijow " Souinein Wesich«N»»ti C'.'-imv i > .'Ot 1 '12 i A G R E E M E N T T O E X T E N D I N D E X E D L U M P S U M M U N I C I P A L S N O W A N D ICE C O N T R A C T This A g r e e m e n t m a d e this day of , by a n d b e n v e e n THE PEOPLE O F THE STATE O F N E W N O R K i h e r e i n a f t e r '-eierred to as "STATE"), a c t i n g by a n d t h r o u g h the C o m m i s s i o n e r of T r a n s p o r t a t i o n of the State of N e w Y o r k i h e r e i n a f t e r referred to as ' C O M M I S S I O N E R ' ! , a n d the H o l l o w of S o u t h e r n W e s t c h e s t e i i C g o f the V i l l a g e of S l e e p y ( h e r e i n a f t e r referred to as " M U N I C I P . A L I T Y ' ) as f o l l o w s : W H E R E A S , the C O M M I S S I O N E R a n d the M U N I C I P A L I T Y h a v e e n t e r e d i n t o an A g r e e m e n t N o . D 0 T 4 7 0 5 e n t i t l e d " I n d e x e d L u m p Sum S n o w and Ice A g r e e m e n t b e t w e e n the N e w Y o r k State D e p a r t m e n t o f T r a n s p o r t a t i o n a n d the M u n i c i p a l i t y of the V i i l a g e ^ o L S l f e f i J l J b i M f i w ' d a t e d S e j L t e n i b e r J J i . 1 0 0 3 ; cind W H E R E A S , the t e r m of the said '^.greement is for a p e r i o d o f t h r e e years c o m m e n c i n g ) u l y 1, 1 9 9 7 a n d satd /^-greement p r o v i d e s that the parties m a y at t h e ' e n d of e a c h y e a r of the t e r m of the A g r e e m e n t e x t e n d s u c h t e r m for an a d d i t i o n a l year; and vVHERE,AS, the present t e r m raf the A g r e e m e n t , as e x t e n d e d , e x p i r e s June 30, 2 0 X 1 ; «Jnd W H E R E A S , Section 7 of t h e <.aid A g r e e m e n t p r o v i d e s that the C O M M I S S I O N E R shall f u r n i s h t h e M U N I C I P A L I T Y w i t h a s u i t a b l e m a p for each t e r m of t h e A g r e e m e n t , o r for any e x t e n d e d t e r m thereof, m o d i f i e d to s h o w t h e changes, if any, to t h e State H i g h w a y s affected by the A g r e e m e n t . WHER£,AS, Section 9 o f the said .Agreement p r o v i d e s tor an a n n u a l u p d a t e of t h e e s t i m a t e d e x p e n d i t u r e to be d e t e r m i n e d by the C O M M I S S I O N E R subject to the p r o v i s i o n s of S e c t i o n 9 at the t i m e f o r e x t e n s i o n o f the A g r e e m e n t ; WHERE.AS, Section 9 o f the said A g r e e m e n t also p r o v i d e s for an a d j u s t m e n t t o t h e a c t u a l p a y m e n t a m o u n t based o n t h e i n t e n s i t y a n d severity o f the w i n t e r season; N O W , THEREFORE, in c o n s i d e r a t i o n of the m u t u a l c o v e n a n t s a n d benefits l>erween ' h e parties, WITNENSTH; 1. The a f o r e m e n t i o n e d " I n d e x e d L u m p S u m S n o w a n d Ice A g r e e m e n t B e t w e e n New Y o r k State D e p a r t m e n t o f Transportation a n d t h e M U N I C I P A L I T Y " is hereLiy e x t e n d e d for a periocJ of o n e year; n o w l o e x p i r e o n l u n e JO, 2 0 1 2 , unless f u r t h e r extendf»d. The - t a t e t ii'^i, s ^ , or >1,,.,,, ^jfecsed by the Agrppment ,.(=> <leliiu-ated on ilie .itt.ichinf .m,tp, .ris^reed upon iv, ihc ( > )M If J'^.l R If (I the MUNICIP a| | f y. In, h, s.hjll be .'tte( fi\e lor ihe remainder (.x the term • h i h> \ufct'miT I 1 'I'll 1 I..I, !, 201J, unle'-N ( h.inged l.'v .'(HUfe .isn-pment lictivnen flip CO'-nMH T Ml NU l i ' A L i T Y . .\lt the letrns and f;ondiliofiS oi 'he (jnginal contract remain m effect except as follows. The indexed lump H.iin estimatc-'d expenditure specined in Section 9 of ;he •ttorr-mf-nfioncd .Agreeinfnt shall be f 1,552.00 per 'ane mile for 9,.T lane miles for a total nt .f 14,123.20 tor the i0|)'|/10 MXasi.in and ror the rern.un'der ot the •erm ut the .Agre^>rnf»nf coinmenf mg luly 1 2009, ur!c»^s ( h.infjj-d hv I'uturp u[)date, I"- A I I •".I • / N ' R )n,l M '.M "H 1"' p ,. -la- been .••,>( hv (Lie H.itix .it i.ng bv and |iif,)u;jli th.^ dul\ .iutbori.;.'d .. , -I,,, t {^I'.r.'c • - I c.; K ,n,j t.b(> .'xi, NHJF •Oil') r, I;:, T, 'his xiv.-mt'iit !u he c,,., uii-d i.y ''li I • .'; i ' a.' ; I \-Cir II " N l h i . ' . . • �A g e n c y Certification Contract N o . DOJLiTOS ' I n a d d i t i o n to the a c c e p t a n c e of this contract, I also certify that original copies of this signature p a g e w i l l be attached to al o t h e r e x a c t copies of this contract." T H E PEOPLE O F T H E STATE O F N E W Y O R K MUNICIPALITY BY BY For Commissioner of rrjruportdtion A T T O R N E Y GENERAL'S S I G N A T U R E COMPTROLLER'S SIGNATURE Dated Dated STATE O F N E W YORK ) SS: C O U N T Y OF O n the day of in the year before me personally came to rne k n o w n w h o , b e m g by m e d u l y s w o r n , d i d d e p o s e a n d say that , N e w Y o r k ; that he-,'she is t h e h e / s h e resides in the r n u n i c i p d l i t y d e s c r i b e d m a n d w h i c h e x e c u t e d t h e a b o v e i n s t r u m e n t ; t h a t of h e / s h e executerJ said i n s t r u m e n t b y r ^ r d e n n g t h e ( j o v e r n i n g B o d y of said m u n i c i p a l i t y pur'.u<.)nt to a r e s o l u t i o n vvhich w a s d u l y .idcjpted on ^ ; a c e r t i f i t ' d c o p y of s u c h r e s o l u t i o n a t t a c h e d h e r e t o a n d rrlade a p a r t hererjf. Votar-, PuI^Ik �VIAPSIIinVINCi VII I ()|- SI hl-l'V Hon ow KKSPONSIIilUrV lOK SNr/vV,<i ic 1;( OMKOI.ON MAII- I IK ,11 WAV SToK 11II si OF ;()(wi(i ;oii i: CKNTER I.ANK M I L K S \S( )NS CONTUAt r I \SK M I L F S SNOW AND ICF CONTROL si(i\i-:D RKJIONAl. DIRf-XTOR ()F (Jl'HRA HONS Date SIGNED l OR MtNICIPALl tY ROCICffOOO ST4TE PAUK per ack • Sle DATE �H i i r ' UP-" H i B i ; Hfiiil I rilrts I! »1 fi i i f n i i i j i i l f f r iifJifi I 'a Hiijii' II i m i n i m H I j j l i ; :•r 1i1H5' =oI H l| 3 jP; ill! •n I I f•Ji ff ?I i i i i i ! ! ; ® ! -•pfjj •tf5r» i i i i i i i Iff sf liiftiSiiifi . ' i l U l ' U l ' H I. = S f S r = 1 1 « S ; »! ilfjitf? W i i i i Hi uwin n i ' i i ^ t minit i p i p i i i i o i j i i i f l i riia^J Miri Hil rHi [ iiphfi - fr 11 n ^ II- i? i' •5 I2 H S J rW s nil iiii !l:Eiiyi " ? ^ui Sim; rlift- 3 1/5 •rts 3 2 �^ctrti^M* * ^^f 'He SiiMf Tr-* {.a-ar Dt^cioMtrc of ihis infomtalMW Hy l»c sc'^ct or icww ihc msinjninry TW pcfKiTwl for wImcK tHc mf^ftmJion n ci^Uccic*^ >* »o cnohio ihc lOmtiFy iwfi»Hh«iU. htntm-*«c* am! oiNcTx wlio hawi- ficcn tkrUnq\<n! m fiiVng las TV««m» m may have wnikriHrtcd ?Hcir Ja^ tisHiVitie^ ami In pcncf*"* •'JcMiifr ficrvms sfTnrTc*} Hy f^K• t!i*.c« Hy tfvc Ct^iw^^'wiiwcf of Tatalmn whI f inancc TIk infimnaUrm hr tMtetl f»r in* admiti*tn»<nw Fw «ny imher wjltwriTcd by \aw ^ 2) "Hie piTft^wwi mr»»rmi«ntn i« hy ll»c f m f r h a t v n f \wU o f t H c Bfjc«cy cfmWfNcling «cr¥»c<rs tyf lease i^k a*al tvt pcrwrnaJ pmpcrty covcrtxl by this cw^ract w icasc. New h'turk Si9!f'* {.'cnjral AccrttfUmg br itw Dircc^i* of AcccnmUng (,'(Mnf«rt>lkf. i ID Sla'^" S»»rtrJ. Albany, Ytiri f^ircltajw ihc gmwh m mfiumalinfl ii mttWaineii IT? OfT>rc fjf 'Sh: ^tak" EQUAL EMrLOYMEM OPPORTUNITIES FOR MINORITIES Am WQMUH. \n acwnkmx vv.iS, rifiHT?! :iH* r*ciii«!vr ! aw. >( ihi« c^tracf i«: (t) a wnjfcn agrccmctn nr purchase sttstrumcw, ;'n'VH!mp r»»f B t«>«3l c^f>i*ml»*Mre in c*cc*ji of $23,000 00. whereby a cnnu»ctinf Sfcncy commUtcvl c^pcwt <* m fm biKn. scrvicrs, »»»f>fl»c». cqMtfwnctW. ma»cti»ls or any ct»nibm»tttm nf ?hc rtirc|E»*«*ii, ii' f»c fwrfoniKHl frn. of rtrmkfcji cy In the contT»c!ing iifCiKy. or |»i) b wntictt atgrccnH-Ht in c*cc*s nf $ I tx).00<) (W1 w!»crchy n n»nf»cimf afcmry is cnmm»ft<?il lo c.tpewj doet etpcml fimiN fiw the 8Cf^im»«u«i, cim5!n»cfHMi. rc|»!acr»«cwl. r»»ojw rT|Mir rw rermvuinm ofrealproperty »nd m^witvcmcntsrtwenn:nr (lii) a *tittc" »frccmctii« if c«rt3ii oF SIOO.OOO 00 wticrct^y lltc owncf of s Sititc hmwioit {m»f«« ciMnrnUinf u> ditci c\pcmi fim.H hn Ihc BC<i»i*it!m. owstrwrlifw. tlcfm>liliw». fcf^laccmcnl. mnjor rtrpsir w !xtio*ii!»-<n nrai am? tmprnvcmonl* j»»crcnn ft^- foch pntfccl, Ihcn; ial The CtMHrmiot viU mrt d^wimtrertc afajresl cn^^oyccn or »pp1ksn>s Txm cm|»lnym«nj bccamtr t'f race, t,olor. nalifx^ai '-rs^sn. age. tliishUrty \vr mania? MaSm. wU mnicfiakc ctwiinyc c*»t1ing nf afiimtativi: ui aj«um: thm itwwwity Rrwtp wtwucn afc affordi^ cn^oymcji! ofifHWltmitio •w'difMf? fti5t'im»n3<«»»n AfTirmauvc sictuw ihsrti mcsw rccnfmctH. cn^pVoymcn?. •msiftiwcnt. prr«n«»iH»n, iincriHjmgi, ik'ti^Hnwi. irstmR-i^. layiifT. m icfminaJi<m «i»d nrtcit offMiy other r«MTm tnmf»m«irtM»»: fh) at Ihc fctiiiotf of fte ciinlrsclinf afcncy. ihe CmHrwr»tw «iall caxth imjrwcy. lalxw amtw, nr .-jMChtwizcd ni^s-ncnKilivc "f wofkcTs witlj which if ha« a cofkctivc lwrfRintn| w ollwr a^^recmcnt rw fumith a *!atc«r'c«l iImiI «wch cmpfnymcflt ^cncy. rcpTOecnlelivi: wiU tvpA JitreTimina'c oii i'f fSTC. tfciHl. nstiwwl nrigin. sex. liswNiMy w m«rif»l na'm wtd lhal Mwrh \>wtvn >* r'lC rvprcsct«3»i»c afTinTiaiivcly c!"««M»cnJH- tti iHc tmf>lemc«t»Hor! of iHc corrfrac^or'nrtbligaliomfwrcin: nnrf (c) liw C'iw'raclm •iItiH «3ic, m all iM»licila<K»rs» m •dvcrli«3TMmH for cn^oyctsi. Ihi»t. \n Ihc pcrrwmwamcc <»r the 'iUJc ctw^irs. ! {^lahrnti 9f>pi»caW* will be sffwtfct! eq»wl employment o^jrTja^Hk* wilhmi? dbfTiniinaiioT! JxT.-'irM' of rj^c. crccxi. color. nnin>ni«l fwiem. sc^. age. disshilify of n«rilal <l«ta. rrrnmcirr wiSi Toclodc Ihc pf»»vi«;kms of "a", "b". 81*1 "c* sbovxi. io itvxary over SSS-OW fJO Cm ihc ik4w»i>u«wi. ntajw repair, rcmiviniwn. plofintrig f>r lirnigTi of fwil pn^pcily •mf sn^firnvcmcnH thcn'oji tthc 'Work") ctcept where iJw Wt«rti n fnr the hcncfK-ial me of fbc Conlrae^w Scclion 31? iUki wm U) -wiMt. gmwJs »* w;r*tce« uanrclstcd so th» cmrtract; or {ij) cmf^tymcnl mit»ik Hew Yorii Sl«i»c: Of l^ankmg •Lcrvtrcs.. smaramrc ptjUocs m of neairiiic*. The Sw»c shall a*et«k-r ctw^lrancc by a tiw nx^i^irtrment* »» ' f way fciVcral ctmccming tt|tKil cmj^oywtfif «Tfjfx*nwtii> •.vfin:h cffccmatc5 Uk |n»rrH«c of ihss THc wn^rwriing agciKy (ktcrminc whether imfwwHion ofiHc •cqus'Ttnmrii s.V provnioo* thoitcwc Of cnnOk-t wMh any such federal sm^ if such ihiplH-atim or con-^it! the ilutt ^he ap^KsbiUly 2 iW c»!ct»t of mrh dtiplJcaJion f'ftnustrt.'r c>.«itji!y with at! dyly pT\>muifaic\t awl Ja^fM! mics ami rcjtulaiiom of ihc Eni^jirc SsjMc !'>c«-f)i'!{jfiicf« C>irr»oraJH«n"« {Jivn^i.^n of M«mw!?y Wtimcn's Bijsin^'ss iMWRDi pcnmning l^rdo. CQNFtKI^TINQ TCRM5- 'he cvvnl of « conflict between the term* of the cotwrwrt tirKluding sfiy and si' rtfistlu'^cf!' soil amcodrtwoM itH-TCfn aw! tf»e trtrm of this Apfcmfs* A. the tcrrmof H iW A «hi»n U. GOV£RN?iNG LAW. Th « cootr*! rcJcrn' 'tip-crnsLy cisu^c fcqmres ntlKnt-isc he jhsvcmcd hy t^w laws of she State of hicw York wlicrc ^W. Hy Arfirlr 11-A of (.fiwymt-nl af«l mny totwrs' lo he pan! H, rinwcc Ls^ i,, }Uxhy NO ARPITRATION. D»«tn«c« involves »Hi* twrtran. ^whRlmt he »«thn»Mcd Hmj.og arhilraluw mtU^iwircn t.nnpctctl iMttdictioo of tin; S'Bte of Nc^v *rfi« ftn faic fwiym^.n .'laJI H.- aUc^l hmn-h Owrcnf way mrt m«w<. .miead. he Kr«»r,! .n a ..f S£R-V|C£ Of PROCESS In »*khlnm !o ti^ nHi^^j by tiw r,y,| fractinr Law ^ tn «-r»k-.- jwrv,-** hv 'h cvft.ruHi ma.!, rciw RHk-< { 'i n R"). Coniractor hcfchy n-cci|j» rcqocstctl Serine !«rrfumicr shali be ittm^U-tc uptm C ret-fipt of jwkx^* m np-m iWStales rccr'pl of ihc return thcri-ofhy iIk Hmsctl "^satr* fosisl Sctv^cc m rvfiwcd «vr CorWfwt.vr fMwnf«!y i«»Mfy (he Stsk. m wfiiing. of rsth vwry chaofc addrrw to whirh wrviw f^! fSfo S»c ntmit Service hy the Slate !o the iasJ known swWrc** sHail syfr.tK-m Ctrnxiw^.u-^, Havr sl-mY { trskj-wtoi .in^ sn^-r tjTvirc lK-ti-u»i»k-f eotitpMc m whK-h Ui or inonCAL liA^pWi?^ tw nil pro,h.c1* k. he uodc^ shn omm» K tmi fmt ko^oj »«. and provisi.w, of rVnamiv- la- f ! nf TfOfHt-s! Hwdw^^i^J which prr4«HiH f^irt-ha*^ aod iwt: nf tniriical tpunr.rslly hy (tte w soy Ett^rfoowmal agcory »« fwkkeai w»hdivi«iw or |H«hlk- hcwfU QujiUru-aii.wi fm m cxco^i^hmi (hit law will ihc flK coijiraclf* (o rstahlkh to oxccS iHc approva! ,.r 5!bIc in aiWilitm. when any portion of tt«ii rontriM^ nnf the s»c of wi-^wk. w}K-4l«rr m m*i«llaiio« « pcrfwnwtj by any sobr»mfr»cl«f, Ihc prtmc Co«tracUw wHi sswl ccnify m the -st^ilic*! HM «»t»contrw-t«»- h» been mfortticl am] is in cnonj'.Uancc wnh ^.pccsfkraikwyi »mi rcf»n5»n* use of as tfrtaihNl in f!f.5 Tiosn,! Any wrtk «« Rf-^oval of the ..llter^viw. tin- Nrf may nra beCTm«<JrftMirc*p»»«ii»r Umhs* v^siifwirtkim. ..f ftcsWHW c.<.-mp«ioo will be the rctptmsihdity itf tl»c I orrirj.fim wi»h ol iHc ihmt iht " HACPmPS FAIR RHPt.<?rM£|vj JRIffCirLO (NOIM-rcoCRAL AID YORK ?TAl t CDNl RACTS) hi aceiwdancc ^-iih the Matflrkk- fait &op»»yt»crtt rnmr«ph:7« U Iw^cr W? of tlx; Law-* »l ikc f Wrar^m hereby siipulaK^s il«tt it«: C«>«irsi-«» ciJitc* h«sTO^tn^ntcm in N^wnhew irrSaml, «« lake lawful sicf^ m faith lo crmdsK:! nny h!«mt-s.« tjpcrafiow »« Nswihrm Irr^mt io ihr MacPfidc Fair l-n»pioytncnl PrincipU-* (a,* .}cscfi»«cd h> SiTtn^^ of 'Iw: New Yori. Slaii- Hoaocc L.a«V and ehatt pcti«k oHkT>cmk:'« mmiiioni^ of compliance wifh «iM-h ffiKEfiMOSl' « raOCUREMEHT ACT OF p»'»hry tif Y.HV ho-ior** crrtcrj*i»<«. •nclwliofs «kr«»r.iy and «o{^lHf» on ft* pr»>ewcm<ot owuw.s m i hir.irmaliofl on the 8»»ilRbili«y of New Yo«l; 'iiBtv fKOfl-FEOERAL ft! NY5 Departmcti! «f FcrwHTtoic Oc^lofwiicoi l)iyi!iin« ,.r Mto«wity smi Wonw-n * fVv ^n ^fih TeaH St 2mJ Floor Albany, Hew York ! 224*' htfp'f'w^Vfw «TT?pirc ov HEW YORK oirtct».•» 1 STATE fwtnripiWww r<t Ym^ !»Mklcnt, ttatf^w^ ami and st^^riicr^ ss available hj^ti' NYfJ tHfMrtmeof of Dtvisitwi for flMsiocs* in So!rth fcftrl Si - 7* Floor Al!«jny. New Vmk 12245 TclqifvrmcA Ti»OTli>ry of rrrtificti (nioorily ami wmi AI0 t„ .ita^inkrc fiw nwrn-.! Iw-.m-** cnH-rprt^ �Tltc llmftibtij t'rocwcmeni Act of !9'J2 rcqtiife* ih«l liy iigtimg h»«S ( i^fi*cicif* certify whetwrvtir the bid •mouni ii ffc«ici tfmri ?! mHJsi m or conUat!. « l») Conii»ctm h»i mwie resiimshlc cftoflj lo cmroHr«ge the pankipniion of New Ymk Stt^e lUnines* l:a<cfpsnes -^lif^hcis $»rt»contfK-u>»s, influ^inf ceriffied riim«HH\ und women-ownf^tl H<»ii{wcj$ ctncf-pmrs, un ih»5 (Huftei, *«<{ h»> fclaincd lf>e t»f ihrse eff'>n» U> he fwovuled ijpwi rrqursi m fKc .Siaic. lbs I < h«s ca«n5»{tc»J wNh ihe f cJ««l A^:! cv< 1. 2ft5). as amcfwicd. (c^ T^c »f»ees w» make je«o«»iik c.'ftwfi Ut ptuvtilc mHtRcUmn !« New Yoik Slilc resitknis of ct»*pltjyfm-ni c»pps>rT«m» i es tm thn project luimg wiy ssfch poiHHjftj wifH Jnb Service f>ivHinn uf !hc ^Jc* York S««« ie r»«j»«ri»»»4ml i>f I abor, of pro»i<lfnf i*»cli m»iirn;»«H»n in »«»rinfr at i» e«5ii«i»lff«l W!fh exi»li»i|; coiftctivt b*ff»m»nf <«>« i !1m:H of t^fttmenii, TKc i ofjJ»»cJtM sftc?^ Ui thtig effoiu \n piovi.le ttul tliHumenJsiii"! iSic ."SUKc ofwn letjticM. am! j»J) T}»c Cofli»»t;iof »ckrH»w}etl|;ej nntice the S««e may seek »o f»l)!a!n fciwh of Hni ctmlrac! »nd igtees 4o ci»of»ef«lc wilh she Sl«lc in JheJc cfftwu cretiiis ftijm ftwcigii cwmtnes is t B£arBaaiY.-AMi-aA«ciiaNs,. r B o y i a o B a a a s i f f c f j m a A L j a i ^ ^ LOf^TfiAdS)- Biii^cts tkiJ if ihen |»iiRcip«l fiiste tif hmutc%s % t kjcstc.} MI a ciMBilty. nmt.m, iHmi penxlizfs New York SiMe vcmkMS. smi if Ihe footls of Jcfvkcs they ofTci Male m (».>}fiic«l wsH iw strt>si»f«i»»y fwwfatced m perftwrned m^SMte New Yofk Stale, jhe Omriibm Procwcmcnl Ad 1994 »wl -lOOO smcmhrntHj |( >ii^Hcffe!l4•mi Hm^CT 3I!3. rM^Kdively^ rcm«»e th»« ihey be «knkt1 c«nlf»ci$ wWch ihxy ii»ia»n Nt1TK. At of M«y 15. 2002, Jtw liM of «!i»rf»mm»iory jwiidicOonj nibjer? »3 i ihu prnvision tht nf Smrth CtftvUna. A5»sk«, Wcii! Virgirna. WymHing. l owjsiant wid llswan I «»nJ»c« NYS IVj»«ft)ncni of Hc«a»fimk l3cvcl«»n««t foi s cwnenJ lijl <»f jimsJiciiim* si»}!)cci lo ihif |»«f>viwm. ftmCHASHS or APfAHCU »€cw.j»nce whIi S«»tc Fmance {•*-*), St«tc not jwjftW Muy ft«Mii »fiy veni1*M iinabte m »n»if}tng lo ccftify i)m»! (i) such wvj miioir»r1itfc<} in cr«nipli»n« e wtsti t'! liAioi •nd occj^H«m*! wifely incltHJwg. Wt imh Hmiled !«». clitM labor liiwi. wmge BMd hmjri !«»» •ml mwfcpUcc s«tcly Itwi. (li) ven«.k>r wi!} $«»fjf»)y, wi!h Ms h»d {or. if mx • bttJ stHMMum, io ut m the i»nc of iifiMng • ctmltatl wiili Ac if ktMwn, ihe r«n».c«, wk! uddiMsrj of c»c!i j»ibcu»itt«c«w ami a tbt uf iJJ mtiwifatiiNfRf f»}»nU Uj t»« t«iN»nt by the iMtWet. H. CDffl'RACT Ttft^M^^A'P^^ cvc»H (I li T tmncf ftmnti iimi 11 T W S i r t e r e s e r v e s i h e righl w l e n n i M a l e i M j c t w r f r t r t tn ifK hy CmUitctm ilie c«»lific»ikwt ftSed she m »tci«ril8rscc w i i h live r c q u M e m c « l » cm»J»»»c«l in S»»!c ®»k1 Jl^k vtM% i m e « l i o n J i J ! y f i i s c w irnefi»i«m«!ly i r t c o t n p i c i e U{mw s j i r h n « » ! i n f . tt>e S m e e » e f r t » e I's tcfmiiMiiuw* n g h J h y p r o v i d . n g wfiMcn rtoJifiCBJU'n ii; tl»e r'on!r»c(iM in s c c w ^ i ^ m r c w i t h wiH^ntM mrfiRcsiMm teims of ihe i:m«!r»c) 24. AL INFORMATION SEt^'URITY. r«w>4j»cti« con^ly wtif" Itw fwovisMWI of Mme New Yfwk SiaJc k.fo«ni«naii urify «fKt TJ.rtificwiJtMi Act (<htnttimi Hui»r»«ss L«w Sertii»« If9-iia. Slate f ecfinok»|y la'.* Sct-JUMi 2»8) f ih»li b« li»Wc Iw llie ciHli •JSocisted W!i!f such t»fCftcli if ciused by tmtlfuctm'i tscfUgci^ iM wsHf^y 4CIS tM rtinbsttiiti. m OC i iwgljfenS of wiMfti! Ms m omissions a( Cnnisittim'i •^enis. offk cn, �Whereas, the Court Clerk and Judge have recommended a $2.00 per hour salary increase for Court Officer, Robert Kearns, and Whereas, there are funds available in the 2011/2012 operating budget for this salary increase. Now, therefore, be it resolved the Board of Trustees hereby authorizes a salary increase of $2.00 per hour to Court Officer, Robert Kearns, effective immediately. Move: Trustee Wompa Seconded: Trustee Stupel Vote: 4-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to sign an IMA Agreement with the County of Westchester to Provide for the Enforcement of for-hire vehicle Regulations Whereas the County of Westchester offers a program to local municipalities to assist in the enforcement of laws pertaining to the regulation and enforcement of the business of transporting passengers in for-hire vehicles in Westchester County, including the licensing of for-hire vehicles, drivers and base stations by the Westchester County Taxi and Limousine Commission; Whereas the Board of Trustees desires to support the enforcement of these laws and encourages the apprehension and prosecution of all violators; Now Therefore Be It Resolved the Board of Trustees hereby authorizes the Mayor to execute the attached IMA agreement with the County of Westchester. Moved: Trustee Carr Seconded: Trustee Wompa Vote: 4-0 �T H I S A G R E E M E N T made this day o f , 2011 by and between: T H E C O U N T Y O F W E S T C H E S T E R , a munieipal eorporation o f t h e State of New York, having an oftlee and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 1()6()1 (hereinafter referred to as the "County") and _Village of Sleepy Hollow , a municipal corporation o f t h e State of New York, having an office and principal place o f business at 28 Beekman A v e Sleepy HoUow NY (hereinafter referred to as the "Municipality") WITNESSETH: W H E R E A S , the County by Local Law No. 9-1998 added Chapter 270 to the Laws of Westchester County, and W H E R E A S , Local Law No. 9-1998 regulates the business o f transporting passengers in tor-hire vehicles in Westchester County, including the licensing of tor-hire vehicles, drivers and base stations by the Westchester County Taxi and Limousine Commission (the "Commission"), and W H E R E A S , I.ocal Law No. 9-1998 provides tor the entbrcement o f t h e Local Law through an administrative hearing process (Local Law No. 9-1998 §§ 270.1 1 7 270.124) whereby the Commission issues a summon and complaint; an �Administrative Law Judge hears the proeeediiig, eonduets a hearing, and issues Findings and Reeommendations to the Commission; and the Commission renders a decision, and W H E R E A S , section 270.117 of Local Law No. 9-1998 authorizes the Commission or its designee to issue s u m m o n s and notices to any one alleged to have violated the Local Law, and W H E R E A S , the Commission has established rules and regulations implementing Local Law No. 9-1998, and W H E R E A S , in section 800.02 o f t h e rules and regulations implementing Local Law No. 9-1998, the Commission designated officers of any local police jurisdiction within Westchester County to enforce the Local Law through the issuance of a " S u m m o n s and Notice of Hearing" (referred to herein as "Appearance Tickets") thereunder, and W H E R E A S , it is the desire o f t h e parties to enter into this Agreement to set tbrth the terms by which the Municipality will assist the County in enforcing Local Law No. 10-1998 and the rules and regulations promulgated thereto within the Municipality's jurisdiction. SNOW, THEREFORE, in consideration o f t h e terms and conditions herein contained, the parties agree as follows: �Section I. Enforcement. a. Whenever the Municipality has reason to believe that a person, partnership, corporation or other entity as provided for in the Local Law is in violation of any provision o f the Local Law, the Municipality may c o m m e n c e an appropriate enforcement action by issuing an Appearance Ticket to the alleged violator in accordance with the terms of this Agreement and the terms of the Local Law. A copy o f the Local Law is attached hereto and made a part hereof as Schedule "A". A copy of the rules and regulations promulgated pursuant to the Local Law is attached hereto and made a part hereof as Schedule "B". The Local Law and rules and regulations promulgated thereto may be duly amended by the County from time to time. The Commission shall give the Municipality written notice of any amendments to the Local Law and the regulations promulgated pursuant to the Local Law. The Municipality shall enforce the Local Law and rules and regulations promulgated thereto as duly amended by the County. Any reference herein to the "Local Law" includes the rules and regulations promulgated thereto. b. The temis o f this Agreement shall only apply to the Municipality's issuance o f Appearance Tickets within its jurisdiction as provided for herein. c. The Municipality shall enforce the Local Law only with police officers as defined herein. A "police officer" shall mean a police officer who is an active member of the Municipality's police agency, capable of and not restricted from performing any o f his or her duties; not suspended, under charges o f misconduct, injured or not otherwise restricted from issuing appearance tickets tor the Municipality; and has received the training provided for in section 5 of this Agreement. �(1. I he County shall provide the Municipahty with Appearance Ticket forms to be used by the Municipahty in enforcing the Local Law. Fhe Municipality shall have each police officer issue the Appearance Tickets in sequential order. e. The County will provide the Municipality with a list o f the hearing dates that may be written on the Appearance Tickets. At the time of issuance, the Municipality shall write on the Appearance Ticket a hearing date that is on the County's list and at least three weeks in advance o f the date the Appearance Ticket is being issued by the Municipality. f Notwithstanding section 273.51 of the Laws of Westchester County, but rather in accordance with the Local Law, the County shall enforce, prosecute, hear and determine all Appearance Tickets issued hereunder pursuant to the ternis of the Local Law and shall handle such tickets as in its discretion it deems appropriate. The collection o f unpaid penalties and the resolution o f s u c h tickets also shall be handled by the County as in its discretion it deems appropriate. g. Nothing in this Agreement is intended to restrict or diminish the authority o f the County to initiate or cause to be initiated actions for violations of the I.ocal Law through the issuance of Appearance Tickets or otherwise anywhere within the County, including, without limitation, within the jurisdiction of the Municipality. h. Pursuant to the terms o f this .Agreement, the Municipality's obligation to enforce the Local Law is discretionary. i. Either party may notify the other party when they have reason to believe a person, partnership, coqwration or other entity is in violation of the Local Law. �Such notice, however, shall not prohibit the notifying party from taking appropriate enforcement action with respect to such violation within the terms of this Agreement. j. Whenever the Municipality initiates an enforcement action hereunder, the Municipality shall provide reasonable assistance to the County in enforcing and prosecuting the action, including, without limitation, the following: (i) at the request o f the County, providing access to and copies o f all evidence of any f o r m and all records, data and recordings of any nature complied by the Municipality concerning the Appearance Ticket, including without limitation, notes, reports, drawings, negatives of photographs, computer printouts, video or audio recordings, computer data or diskettes, any digitized information, electronic records or readings and any other kind of records, data, recordings or form of evidence. (ii) at the request of the County, appearing as a witness in the C o u n t y ' s enforcement action and hearing. Section 2. Maintenance of Data. All records created or compiled by the Municipality in performing the services described in this Agreement shall be retained (i) as provided for in section 57.25 the Local Governments Records Law (Article 57-A of the Arts and Cultural Affairs Law) and the applicable New York State Department of Education Records Retention and Disposition Schedule for the Municipality or (ii) for at least two (2) years after termination of this Agreement, which ever is longer. �Section 3. Rcportina. a. Upon the issuance of an Appearance Ticket, the Municipality shall give the top, original copy to the alleged violator and the second copy to the County as provided for in subdivision (b). The last or third carbon copy shall be retained by the Municipality as provided for in section 2 o f this Agreement. b. The County and the Municipality agree to establish a mechanism for the delivery o f copies of Appearance Tickets to the County on a weekly basis. T h e particulars o f s u c h delivery system shall be reduced to writing by the parties prior to the Effective Date c. The County shall provide the Municipality with quarterly progress reports, which shall include the (i) following; a list of all Appearance Tickets issued by the Municipality under this Agreement for the quarter, listed in sequential order, (ii) the police officer who issued the Appearance Ticket, (iii) the section o f the Local Law violated, and (iv) any other reasonable information requested by the County. d. Each Appearance Ticket shall continue to be listed on the C o u n t y ' s quarterly progress report until it is resolved in accordance with the terms of this Agreement. e. f h e quarterly progress reports shall be submitted every three (3) months after the Effective Date and continue every three (3) months therealler. �f. The C\)unty and the Municipality agree to establish a mechanism for the delivery DTquarterly reports to the Municipality. The particulars o f s u c h delivery system shall be reduced to writing by the parties prior to the Effective Date. Section 4. Fee. a. For the services rendered pursuant to this Agreement, the Municipality shall be paid a quarterly fee equal to twenty five percent (25%) of the total penalties collected by the County trom the enforcement of the Appearance Tickets issued by the Municipality under the terms of this Agreement tor each particular quarter (the "fee"). b. No payment shall be made by the County to the Municipality tor out of pocket expense or disbursements made in connection with the services rendered hereunder. e. The fee shall be paid quarterly upon the submission by the Municipality of a payment voucher as provided tor in section 8 of this Agreement. Section 5. Training. a. T h e County shall train the Municipality on how to enforce the Local Law by (i) providing the Municipality with copies of the Local Law and educational materials and (ii) training a police officer from the Municipality's police agency on how to enforce the Local Law ("local police otTicer"). The local pc)lice officer, alter being trained by the County, shall train all other police officers on the Municipality's police agency on how to enforce the Local Law as instructed by the �County, riiis training may include, but is not limited to, iiaving the local police oUlcer ride with a County police officer in order to train the local police officer. b. The Municipality shall distribute the Local Law and the educational materials to every police officer in its police agency and any new police officer hired by the police agency during the term of this Agreement prior to the police officer enforcing the Local Law under the tenns of this Agreement. c. The Municipality shall ensure that every police officer in its police agency, including the local police officer referred to in subsection (a) of this section 5 and any new police officer hired during the tenn of this Agreement, participates in and receives the training as provided for herein prior to that police officer enforcing the Local Law. Section 6. Cooperation. a. The parties shall cooperate with each other in perfonning their respective obligations under this Agreement. b. Each party shall provide the other party with all documentation, reports and information which the other party reasonable requests in order to fulfill its obligations under this Agreement. c. f h e Municipality shall designate a liaison to communicate with and meet fhe Commissioner of Public Safety (the "Commissioner") or his designee on an as needed basis regarding the coordination of police services under this Agreement. Section 7. Notices. All notices of any nature refen-ed to in this Agreement shall be in writing and either sent by registered or certitled mail postage pre-paid, or sent by hand or �overnight courier, or sent by Facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. To the County: Commissioner Westchester County Department of Public Safety Westchester County Police Saw Mill River Parkway Hawthorne, New York 10532 With a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, N e w York 10601 To the Municipality: VILLAGE OF SLEEPY HOLLOW 28 B E E K M A M A ^ N U E SLEEPY m L i X M U ^ l M m Section 8. Payment Vouchers. a. The Municipality may request payment from the County quarterly as provided for herein by submitting a properly executed Payment Vouchers o f t h e County. b. f h e Payment Vtiuchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. �c. The Municipality shall attach to the invoice the C o u n t y ' s quarterly progress report showing the lee owed to (lie Municipality for the quarter. d. The Municipality shall attach to the invoices copies of any other back-up documentation reasonably requested by the County to substantiate the Fee to be paid to the Municipality. e. The Payment Voucher shall be paid only after approval o f t h e Commissioner. Section 9. Back-Up Documentation. a. The Municipality shall maintain accurate and complete records and back-up documentation detailing the services provided by tfie Municipality under this Agreement and shall maintain such documents as provided for in section 4 oFthis Agreement and shall allow the County access thereto for inspection and photocopying at all reasonable times. b. The Agreement and the documents concerning the services provided hereunder are subject to audit by the County, and the Municipality agrees to cooperate with any such audit. Section 10. Effective Date and Term of Agreement. a. This Agreement shall not take effect until signed by all parties, approved by the Town/Village/City Attorney and approved by the O f f i c e o f t h e Westchester County Attorney (the "Effective Date"). b. f h i s Agreement shall terminate live (5) years after the fifTective Date. �Section I I. Termination. a. Either party may terminate this Agreement on ten ( ! 0 ) days written notice to the other party whenever it deems it to be in its best interest, hi such an event, (i) the Munieipahty shall return all unused Appearance Tickets to the County, (ii) the Municipality shall be compensated and the County shall be liable only tor services rendered prior to the effective date o f termination pursuant to the terms of this Agreement, (iii) the Municipality shall assist the County in enforcing and prosecuting Appearance Tickets issued prior to the effective date of termination until such tickets are resolved, and (iv) the County will continue to issue the quarterly progress report to the Municipality until all Appearance Tickets issued prior to temiination are resolved. b. In the event the County determines that there has been a material breach by the Municipality of any o f the ternis o f the Agreement and such breach remains uncured tor tbrty-eight (48) hours after service on the Municipality o f written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement. The Municipality shall return all unused Appearance Tickets to the County. c. in the event the Municipality determines that there has been a material breach by the Ct)unty o f a n y of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours alter service on the County of written notice thereof the Municipality, in addition to any other right or remedy it might have, may �terminate this Agreement. Fhe Munieipality shall return all unused Appearanee Tiekets to the County. d. Seetion 12. Notice hereunder shall be effeetive on the date of mailing. Insurance and Indemnification. The Munieipality agrees with and shall be subject to the Insurance Requirements contained in Schedule "C", which is attached hereto and forms a part of this Agreement. In addition to, and not in limitation of the insurance provisions contained in Schedule "C", the Municipality agrees: (a) that except tor the amount, if any, of d a m a g e contributed to, caused by, or resulting trom the negligence of the County, the Municipality shall indemnify and hold harmless the County, its t)fticers, employees, agents and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the pertbrmance or failure to pertbrm hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide d e f e n s e tor and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. The County represents to the Municipality that it is a self-insured entity and shall prt)vide the Municipality with written p r o o f o f same from its risk management office. In addition, the County agrees: �(a) that except tor the amount, if any, o f d a m a g e contributed to, caused by, or resulting from the negh'gence of the Municipality, the County shall indemnify and hold harmless the Municipality, its officers, employees, agents and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the County or third parties under the direction or control of the Municipality; and (b) to provide defense tor and defend, at its sole expense, imy and all claims, demands or causes of action directly or indirectly arising out o f this Agreement and to bear all other costs and expenses related thereto. Section 13. No Third Party Beneficiary. Nothing in this Agreement shall act to confer third party beneficiary rights on any person or entity not a party to this Agreement. Section 14. Empioyees. a. The Municipality and the County agree that the Municipality and its officers and employees are independent contractors and not employees of the County or any department, agency, or unit of the County. In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor its officers or employees will hold themselves out as, nor claim to be, officers or employees of the County or o f any department, agency, or unit thereof b. Nothing in the Agreement shall impose any liability or duty on the County for the acts, omissions, liabilities or obligations of the Municipality, or any �person, firm, company, agency, association, expert, consultant, independent contractor, specialist, trainee, employee, servant or agent of the Municipality for the payment of taxes of any nature, including, but not limited to, sales tax, unemployment insurance, w o r k m e n ' s fee, disability benefits or social security. Section 15. Compliance with Law. a. The Municipality shall comply with all laws applicable to its performance under this Agreement, including, without limitation, the Local Law. b. Without limiting the foregoing, the Municipality represents and warrants that, pursuant to applicable provisions of law, including but not limited to section 39 o f the Town Law or section 8-802 of the Village Law, it has authorized its police agency to en force the Local Law pursuant to the terms of this Agreement. c. The Municipality shall comply with all directives of the Commissioner regarding the entbrcement of the Local Law, including, without limitation, any directive suspending entbrcement of the Local Law until tlirther notice by the Commissioner. Section 16. Non-Discrimination. f h e Municipality expressly agrees that neither it nor any contractor, subcontractor, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual t)n the basis o f race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or �carrier status during the term o f o r in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County. Section 17. Entire Agreement, A m e n d m e n t and Assignment. a. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. b. This Agreement shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each o f the parties. c. Any purported delegation o f d u t i e s or assignment of rights under this Agreement without the prior express written consent of the County is void. The Municipality shall not subcontract any rights or responsibility under this Agreement without the prior express written consent of the County and without the County approving the subcontract agreement to be entered into between the subcontractor and Municipality. Such consent and subcontract shall not create any relationship between the County and the subcontractor. All services performed by an approved subcontractor shall be deemed work pertbrmed by the Municipality. d. This Agreement shall be construed and enforced in accordance with the laws of the State of New York and shall be heard in a court of competent jurisdiction of the State of New York in Westchester County. Section 1 8. Headings. Phe headings are Ibr references purposes only. �Suction 1 N o a. VVaivcr. The failure ot either party to insist, in any t)ne or more instances, upon strict performance of any term or cx)ndition herein contained shall not be deemed a waiver or relinquishment tor the future of such t e n n or condition, hut the same shall remain in full force and effect. b. Acceptance by the County of any services hereunder with knowledge o f a breach o f any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County o f any provision hereof shall be implied. Section 20. Singular/Plurai. Any reference herein to the singular tense of a word shall include the plural tense o f the word, and any reference herein to the plural tense of a word shall include the singular tense of the word. Section 21. Counterparts. This Agreement may be e.xecuted simultaneously in several counterparts, each of which shall be an original and all o f which shall constitute but one and the same instrument. �IN W I T N E S S W H E R E O F , The County of Westchester and the Municipahty have caused this Agreement to be executed. T H E C O U N T Y OF W E S T C H E S T E R By. Commissioner Department of Pubhc Safety THE MUNICIPALITY ) ( . ^ a m e a n d 1 itle) Approved by the day o f Q l i i ^ , 2011. Board of the --T of ^ ^ Approved by the Westchester County Board of Legislators on the , 2011 by Act No. . I / M "le / / { A >) th day of Approved by the Westchester County Board of Acquisition and Contract on the of Approved as to tbrm and manner of execution; Assistant County Attorney f h e Ct)unty of Westchester K:)pg tic, Revenue Share IMA Approved as to form and manner of execution file Attorney of day �ACKNOWLEDGMENT STATE O F N E W Y O R K ) ss.: COUNTY OF On tlie day o f J _ in the year 2()j I before me. the undersigned, personally appeared ^ Q A j J ^ ^ - j ^ , ^ • l U , personally known to me or proved to me on the basis of satisfaetory evidenee to be the individual{s) whose name(s) is (are) subseribed to the within instrument and aeknowledged to me that he/she/they exeeuted the same in his/her/their eapaeity(ies), and that by his/her/their signature(s) on the instrument, the individual{s), or the person upon behalf of whieh the individual(s) aeted, executed the instrument. Date: P Q^L Notary Public PWLA A MCCARTHY Notary Public - State of New York NO. 01MC6198640 Qualified in Weslchesta, , it CfuntM I My C o m m l M l o n Exoirm l i t - �CERTlFtCATE OF AUTHORITY (MUNICIPAL CORPORATION) (Otficer ()tl|er t lan ottlcer signing contrac AO certify that I am the the M M A A i ^ i T c f t d / ^ of (Nanife o t Municipal Corporation) a comoration duly organized and in good standing under the VifiO^P ( J W (Law under which organized, e.g., the New York B u s i n e s ^ ^ o t ^ r a t i o n Law) nained in the foregoing agreement; that (Person executingagreement) who signed said agreement on b e h a l f o f t h e (Name of Municipal Corporation) was, at the time of execution i i L i mL person) o f SUM t of the Municipal Corporation and that said agreement was duly signed tor and on behalf of said Municipal Corporation by authority of its governing body, thereunto duly authorized and that such authority is in full force and e|ffect at the date hereof STATE OF NEW YORK ) ss.; C O U N T Y OF On t h e / g ? / day of| w in the year lO f J before me, the undersigned, a Notary Public in and for said State personally appeared, personally known to me or proved to me on the basis o f satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say Jljat @ h e resides at l O ^ A ^ X ^ x A OfUi^ ^ J ^ Y fOgP^id i(^/'she is an officer of said municipal corporation; t h a ^ ^ p s h e is duly autmlraed to execute said certificate on behalf of said municipal corporation, and that he/she signed his/her name thereto pursuant to such authority. PAULA A MCCA> Notify Public • Statt of New York MO. 01MC6I98640 Qualified in Wesrchester County My Commission Expires l i J j ^ j I j ^ �SCHEDULE"A" C H A P T E R 270, F O R - H I R E V E H I C L E S See. 270.100. Legislative intent. It is hereby declared that the business of transporting passengers in tor-hire vehicles in the County of Westchester is a vital and integral part o f t h e transportation system of the county and therefore must be supervised, regulated and controlled by the county to protect the health, safety and welfare o f its residents. (Added b y L . L . No. 9-1998) Sec. 270.101. Scope. This chapter shall apply to ail for-hire vehicles providing transportation within the County o f Westchester. This chapter shall not apply to taxicabs, buses or wheelchair accessible vehicles. In addition, this chapter shall not apply to tor-hire vehicles which are licensed by a local municipality that regulates for-hire vehicles and which operate exclusively within that local municipality. (Added by L.L. No. 9-1998) Sec. 270.102. Definitions. 1. Affiliated driver. An affiliated driver is a person who drives a for-hire vehicle and who is licensed by the commission. 2. Aftlliated vehicle. An affiliated vehicle is any for-hire vehicle which is licensed by the commission to be dispatched by a particular base station. 3. Base station owner, A base station owner is any individual partnership, corporation or any other entity licensed by the commission to own and iiperate a base station. 4. Base station. A base station is a central facility which dispatches affiliated vehicles licensed by the commission. 5. Chairperson, Chairperson means the Chairperson o f t h e Westchester County Taxi and [.imousine Commission. �6. Coniinission. Commission means the Westchester County Taxi and Limousine Commission. 7. Deeal. A deeal is a sticker issued by the commission evidencing a tor-hire vehicle permit. 8. Dispatch. A dispatch is an instruction to an aftlliated driver by a base station to provide transportation to a passenger who has previously arranged tor such transportation with the base station. 9. For-hire vehicle. A for-hire vehicle is any motor vehicle used to transport less than twenty (20) passengers who will be required to pay tor such transportation. A tor-hire vehicle shall not include taxicabs, buses, wheelchair accessible vans or funeral cars. 9-a. Funeral car. A ftjneral car is a motor vehicle operated solely tor the purpose of carrying passengers from a specific location to a Funeral parlor or cemetery and the return of such passengers to a specific location. 10. For-hire vehicle permit. A tor-hire vehicle permit is a perniit issued by the commission to the owner of a for-hire vehicle to allow such vehicle to be dispatched by a base station. 11. Mailing address. Mailing address means the address designated for the mailing of all notices and correspondence trom the commission and for service of summonses. In the case of the base station, it shall be the base station address. In the case of the driver, it shall be the home address of the driver. In the case of the owner of a tor-hire vehicle, it shall be the home or business address of the owner. 12. Passenger. A passenger is a person who is being transported by a for-hire vehicle, or a person who is awaiting the arrival o f a tor-hire vehicle. 13. Police officer. A police officer is any person described as such in New York State Criminal Procedure Law Section 1.20(34). 14. Taxicab. A taxicab is a motor vehicle regi.stered with the New York State Department of Motor Vehicles as a "Taxi" and bearing a "Taxi" license plate that cairies no more than five (5) passengers in Westchester County who will be charged tor such transportation and that is licensed as a taxicab by cither a local municipality within Westchester County or by the commission, 15. Vehicle owner, A vehicle owner is an individual, partnership, corporation or any other entity in whose name a vehicle is titled. For purposes of these rules, the term shall also apply to the lessee of the vehicle ft-om the titled owner. �16. Weapon. A weapon is any firearm, electronie dart gun, gravity knife, switehblade knife, razor blade, bo.xeutter, cane sword, billy, black-jack, bludgeon, metal knuckles, chuka stick, sandstick, slingshot or any other instrument, real or simulated, which is capable of inflicting or threatening bodily harm. 17. Wheelchair accessible vehicle. A wheelchair accessible vehicle is a vehicle which is utilized exclusively for the purpose o f transporting persons in wheelchairs. (Added by L.L. No. 9-1998; L.L. 18-2002; L.L. No. 15-2004, § 1) Sec. 270.103. Powers and duties of the commission. The board shall have the following powers and duties: 1. To hold at least one meeting each month. Other meetings may be held as necessary for the efficient discharge of the business of the commission; 2. To e.xamine the quahtications and fitness o f applicants for pemiits or licenses under this chapter; 3. To approve the issuance o f permits or licenses to applicants who possess the requisite qualifications in accordance with this chapter; 4. To issue permits or licenses as approved by the commission and signed by the Chairperson of the commission; 5. To number all permits and licenses in the order in which they are issued; 6. To accept fbnnal complaints from local municipalities and private individuals; 7. To suspend or revoke licenses or permits for cause as provided in this chapter; 8. To conduct investigations or cause investigations to be conducted, regarding any application, compkiint or alleged violation of this chapter; 9. To subpoena witnesses and records relating to compliance with this chapter; 10. f o impose and cH)llect fines for violations of this chapter; 11. f o keep rect)rds of all its meetings and proceedings and of all licenses and permits issued, suspended or revoked by it, and to make such records available for public inspection; 12. To establish rules and regulations as may be necessary to effectuate the provisions of this chapter; 13. To prepare a manual of all its rules and regulations and to tiirnish copies thereof to persons tlesiring the .same upon payment t>f a fee of $0.25 per page; �14. To enter into a contract with the New York State Division of Criminal Justice Services in order to effectuate the provisions of this chapter relating to fingerprinting and criminal background checks; 1 5. To enter into agreements regarding reciprocity as may be necessary to effectuate the provisions of this chapter, subject to any other provisions of law. (Added by L.L. No. 9-1998) Sec. 270.104. Permits and licenses; aenerally. 1. All applications for a permit or license pursuant to this chapter must be completed in a manner authorized by the commission. 2. A permit or license issued to a new applicant shall expire one year subsequent to the last day of the month in which such application was m a d e for the permit or license. 3. A permit or license issued to a renewing applicant shall e.xpire one year from the date on which the previous permit or license expired. 4. A renewing applicant must file a completed application on or before the expiration date of the permit or license unless: a. The commission, in its discretion, permits a late filing; and b. The applicant pays an additional fee to be determined by the commission. 5. The fee for an original permit or license or a renewal thereof shall be paid at the time o f filing the application and shall not be refunded in the event of a disapproval of the application. The amount of the fee will be determined by the commission. 6. An applicant must pay an additional fee for each permit or license issued to replace a current license or amend a permit or license. The amount of such additional fee will be determined by the commission. (Added by L.L. No. 9-1998) Sec. 270.105. Application for an affiliated driver's license. An app the commission, the County of Westchester, or any department thereof by leaving a copy with any person located at the address designated in his or her application. (Added by L.L, No. 9-1998) �See. 270.106. Conduct of affiliated drivers. An aftlliated driver must: 1. Immediately surrender his or her aftlh'ated driver's lieense to the commission upon the restriction, suspension or revocation of his chauffeur's hcense; 2. Notify the commission of the loss or theft of his affiHated driver's hcense within 24 hours, exclusive of ho hdays and weekends; 3. Not alter, deface, mutilate, or obliterate any portion o f his or her affiliated driver's license or the attached photograph; 4. Immediately surrender his or her affiliated driver's license to the commission if said license is unreadable or otherwise unrecognizable, and replace said license; 5. Not enable another person to use his or her aftlliated driver's license; 6. Immediately inform the commission when convicted of any crime and must supply the commission with a certified copy o f the Certificate of Disposition issued by the Clerk of the Court; 7. Upon filing for Workers' Compensation benefits, submit the affiliated driver's license to the commission and cease driving a for-hire vehicle, for so long as the driver claims a disability that prevents the driver from operating a vehicle tor-hire. Such license shall not be returned until such driver presents to the commission documentation of cessation of Workers' Compensation benefits due to recovery from such work-related disability, as provided in this chapter; (S. Notify the commission in person or by first class mail o f any change of mailing address, within seven days, exclusive of holidays and weekends. Any notice from the commission shall be deemed sufficient if sent to the last mailing address furnished by the driver; 9. Exhibit his or her chauffeur's license, affiliated driver's license, and tor-hire vehicle pertnit, and give to such other person his name, aftlliated driver's license number, and forhire vehicle permit number, as well as the name of the vehicle's insurance carrier and the insurance policy number, before leaving any place where the affiliated driver, either due to his or her culpability or due to an accident involving the driver's tor-hire vehicle, injured another person or caused damage to the property of another person; �10. Must operate his or her for-hire vehiele at all times in tiill eompliance with all New York State, Westehester County and local municipality laws, and the rules and regulations of Westchester County Airport, local municipality, and any agency having jurisdiction with respect to matters not otherwise specitically covered in this chapter; 1 1. Not operate a tor-hire vehicle with an expired New York State registration; 12. Not operate a tor-hire vehicle without a valid decal and a valid tor-hire vehicle permit issued by the commission. Said decal must be affixed to right front windshield; 13. Not operate a tor-hire vehicle unless the following items are present in the tor-hire vehiele: 14. (i) The affiliated driver's license; (ii) The certificate of registration or legible copy thereof; (iii) The for-hire vehicle permit or legible copy thereof; and (iv) The insurance card or legible copy thereof; Not solicit or pick up passengers by means other than prearrangement with his or her base station; 15. Not pick up a passenger at an authorized taxi stand; 16. Not carry a weapon under any circumstances while operating a tor-hire vehicle. This prohibition shall include any weapon that the driver may otherwise be licensed to carry, however, the commission may issue a waiver of this provision to an off-duty police officer who is required to carry a weapon at all times pursuant to the regulations of his/her employing department; 17. At all times, remain inside his or her vehiele or within 15 feet thereof in areas designated by the Westchester County Airport or the Port Authority of New York and New Jersey and shall not solicit or pick up passengers at the Westchester County Airport, any Westchester County facility, or any facility o f the Port Authority of New York and New Jersey except by prearrangement; 1 8. Not smoke in a tor-hire vehicle; 19. Not refuse to transport any person with a physical disability who is capable of entering and exiting a for-hire vehicle with or without rea.sonable assistance or any guide dog a.ssisting such person; �20. Permit a passenger to ride in the front seat alongside the driver if the passenger is unable to enter or ride in the rear seat; 21. Not operate a for-hire vehiele unless he is lieensed by the eommission and affiliated with a lieensed base station; 22. Not operate a for-hire vehiele without a valid New York State ehauffeur's lieense or a valid lieense of similar elass o f the state of whieh he is a resident. For purposes of these rules, a valid ehauffeur's lieense of similar elass shall mean a lieense whieh is neither suspended, revoked, conditional, or restricted as to use on account of points or accidents issued by the Department of Motor Vehicles of the state issuing said lieense. (Added by L.L. No. 9-1998) Sec. 270.107. Application for a for-hire vehicle permit. 1. The owner of a for-hire vehicle shall be responsible for obtaining a tor-hire vehicle permit from the commission annually. 2. Only vehicles with three or more doors will be pennitted to operate as tor-hire vehicles within Westchester County. 3. An applicant tor a tor-hire vehicle permit must: a. Be fingerprinted for the purpose of securing criminal history records trom the New York State Division of Criminal Justice Sei'vices and shall pay the processing fee for such service. Such fingerprints and processing fee are to be forwarded to the New York State Division o f Criminal Justice Services, fn the event that the applicant is a partnership, all o f the general partners shall be fingerprinted. In the event that the applicant is a corporation or other entity, all of the officers, principals, and stockholders owning more than ten percent of the outstanding stock shall be fingerprinted. If subsequent to the fingerprinting o f t he applicant or during the term of the for-hire vehicle permit, one or more partners, officers, principals or stockholders is added to the partnership, corporation or other entity, and if such an individual would have been the subject of fingerprinting upon the initial application tor a for-hire vehicle permit to the commission, that individual shall also be fingerprinted in accordance with this subdivision. I ' p o n renewal of a tbr-^hire vehicle permit, the applicant must submit an affidavit to the commission atte.sting to any violatitins or crimes that such applicant has �been convicted of subsequent to the date of fingerprinting. The Chairperson of the commission shall review the records received tiom the New York State Division o f Criminal Justice Service in a manner consistent with Article 23-A o f the New York State Correction Law and shall report to the commission, as necessary. b. Inform the commission of each and every driver who will operate the for-hire vehicle; c. Agree that the delivery o f a summons, notice or any other document prepared on behalf of the commission to any driver of the for-hire vehicle shall be deemed proper service on the owner of a for-hire vehicle; d. Agree that the delivery o f a summons, notice or any other document prepared on behalf of the commission to the registrant or the lessee of the vehicle shall be deemed proper service on the owner of a tor-hire vehicle; e. Indicate each and every licensed base station with which the for-hire vehicle is to be affiliated. (Added by L.L. No. 9-1998) Sec. 270. i 08. Conduct of the owner of a for-hire vehicle. The owner of a tor-hire vehicle must: 1. Immediately surrender his or her tor-hire vehicle permit to the commission upon the expiration, restriction, suspension or revocation of his or her vehicle registration card; 2. Not allow his or her vehicle to be dispatched by anyone other than the representative of an authorized base station as indicated on the for-hire vehicle permit; 3. Comply with the New York State Vehicle and Traffic Law and the New York State Insurance Law regarding coverage by bond or policy of liability insurance and all other fonns of insurance required by law. Notwithstanding the aforementioned, the owner of any for-hire vehicle which can transport more than five passengers, must maintain personal injury insurance coverage of no less than $50(),()()().()() per accident where one person is injured and $ 1,000,()()().00 per accident for all persons injured in that same accident; �4. Surrender his or her tor-hire vehiele permit and deeal to the e o m m i s s i o n on or b e f o r e the termination date o f the insuranee, unless the o w n e r o f the vehiele submits p r o o f o f new insuranee effeetive on the date o f termination o f the old poliey; 5. Notify the e o m m i s s i o n in writing o f any e h a n g e in insuranee eairier or eoverage, s p e e i f y i n g the name and address o f the insuranee eairier, new and former, and the n u m b e r o f the poliey for the for-hire vehiele and submit p r o o f o f sueh eoverage to the e o m m i s s i o n within seven days, exelusive o f holidays and w e e k e n d s ; 6. Immediately suiTender an unreadable for-hire vehiele permit or deeal to the e o m m i s s i o n for replaeement; 7. Immediately notify the e o m m i s s i o n o f the thert, loss o r destruetion o f a for-hire vehiele permit or deeal, and furnish the e o m m i s s i o n with any proof or doeumentation as may be required by the e o m m i s s i o n ; 8. Immediately replaee any tor-hire vehiele permit or deeal w h i e h has been stolen, lost or destroyed; 9. Report to the eommission, in writing, o f any lost or stolen license plates within 48 hours, exelusive o f w e e k e n d s and holidays; lO.InfonTi the eommission, in writing, o f the replacement o f license plates and the new license plate numbers; 11. N o t i f y the c o m m i s s i o n in person or by first class mail, within seven (7) days, exclusive o f holidays and weekends, o f any c h a n g e o f mailing address. Any notice from the c o m m i s s i o n shall be d e e m e d sufficient if sent to the last mailing address furnished by the for-hire vehicle o w n e r ; 12. Immediately c o m p l y with all c o m m i s s i o n notices and directives to correct defects in said vehicle; 13. Have his or her tor-hire vehicle inspected on a daily basis in order to reasonably determine that all equipment, including but not limited to, brakes, lights, signals and passenger seat belts and shoulder belts are in g o o d working order; 14. Have his or her tor-hire vehicle inspected annually and at any other time as directed by the commission, by an inspector authorized by the New York State Department o f Motor Vehicles or an inspector authorized by the Department o f Motor Vehicles o f the state in which the Ibr-hire vehicle is registered. �Sec. 270.109. Conditions of operation relating to for-hire vehicles. Both the owner of a base station and the owner of a for-hire vehiele shall be responsible for coinplianee with the following provisions. Failure to ensure eompliance is deemed to be a violation by both the owner of the base station and the owner of a for-hire vehiele. No for-hire vehicle shall be used to transport passengers unless the vehicle is in compliance with all of the following: 1. A valid registration sticker from an authorized state motor vehiele department is affixed to the left front windshield so as to be plainly visible; 2. A valid commission decal is affixed to the front right side of the windshield o f the for-hire vehicle so as to be plainly visible; 3. A current New York State Department of Motor Vehicles inspection sticker, or a current inspection sticker from the state in which the for-hire vehicle is registered, must be affixed to the front left side of the windshield so as to be plainly visible; 4. The license plate number indicated on both the state registration and commission decal must match the license plates affixed to the vehicle; 5. The vehicle identification number (VIN) indicated on both the state registration and commission decal must match the VIN of the vehicle; 6. A tor-hire vehicle shall not be equipped with a "roof light". A "roof light" is equipment attached to the roof of a vehicle, or extending above the roof line o f a vehicle, for the purpose of displaying intbrmation; 7. No for-hire vehicle used in the course of operations of a tor-hire vehicle service shall he, in whole or in part, any shade of yellow; 8. No for-hire vehicle shall be equipped with a meter; 9. A for-hire vehicle must contain the following items either on the right front visor, on top of the right side of the dashboard or in the glove compartment: (a) The certificate of registration or legible copy thereof; (b) The for-hire vehicle permit or legible copy thereof; and (c) The insurance card or legible copy thereof; 10. A base station owner or a for-hire vehicle owner must not dispatch or otherwise enable an aftlliated driver to operate a for-hire vehicle if: �a. The affiliated driver's chauffeur's hcense is expired, suspended, i)r revoked; or b. The affiHated driver's chauffeur's Hcense is restricted as a result of accidents or other violations of traffic laws or regulations; c. The affiliated driver's license issued by the commission is expired, suspended, or revoked; d. The for-hire vehicle permit issued by the commission is expired, suspended, or revoked; e. The registration of a for-hire vehicle is expired, suspended, or revoked; f The affiliated driver is under the intluence of any drugs or alcohol or whose driving ability is in any way impaired; 11. No vehicle may operate as a for-hire vehicle if the commission, the New York State Department of Motor Vehicles or any other state's department of motor vehicles, has detennined that the vehicle is unsafe or unfit for use as a for-hire vehicle; 12. (a) No for-hire vehicle shall be used in the course of operations o f a for-hire vehicle service unless all seat belts and shoulder belts shall be clearly visible, accessible and in good working order; (b) Each for-hire vehicle shall, in addition to being equipped with seat belts for each seating position and shoulder belts for both outside front seat jx)sitions, be equipped with shoulder belts for both outside passenger rear seat positions. (c) Every base station owner or his or her designee shall provide upon request to all potential passengers who will be traveling with a child age four years and under a child safety seat which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R, 571.213 and which is either permanently affixed i)r is capable of being atllxcd to such vehicle. Nothing herein shall prevent the passenger from using his or her own child safety seat provided such arrangements arc made prior to the dispatch o f (he vehicle. .All base station owners or their designees shall make reasonable efforts to inform the general public o f the availability o f and need for child safety seats in for-hire vehicles through means approved by the Commission. All child safety seats used in tor-hire vehicles pursuant to this paragraph shall be installed in accordance with the manufacturers in.stallation instructions for the particular child safety scat. �Sec. 270.110. Application for a liccnse to operate a base station. 1. An applicant must pay an annual fee tor a license to operate a base station. The amount of the annual fee will be determined by the commission. 2. An applicant must submit a list of all drivers and for-hire vehicles to be dispatched by said base station. 3. The applicant shall provide to the commission a bond in the amount of five thousand dollars {$5,000.00) with one ( I ) or more sureties to be approved by the commission. Such bond shall be tor the benefit of Westchester County and shall be conditioned upon the licensee complying with the requirement that only affiliated vehicles currently licensed by the commission are dispatched. In addition, the bond shall assure the payment by the licensee of all civil penalties imposed pursuant to any provision of this chapter. 4. An applicant for a license to operate a base station shall be fingerprinted for the purpose of securing criminal history records ttom the New York State Division o f Criminal Justice Services and shall pay the processing tee for such service. Such fingerprints and processing fee are to be forwarded to the New York State Division of Criminal Justice Services. In the event that the applicant is a partnership, all o f the general partners shall be Fingerprinted. In the event that the applicant is a corporation or other entity, all of the officers, principals, and stockholders owning more than ten percent of the outstanding stock shall be fingerprinted. If subsequent to the fingerprinting o f the applicant or during the term of the license to operate a base station, one o r more partners, officers, principals or stockholders is added to the partnership, corporation or other entity, and if such an individual would have been the subject of fingerprinting upon the initial application for a license to operate a base station to the commission, that individual shall also be fingerprinted in accordance with this subdivision. Upon renewal of a license to operate a base station license, the applicant must submit to the commission an affidavit attesting to any violations or crimes that such a licensee has been convicted of subsequent to the date of fingerprinting. The Chairperson of the commission shall review the records received trom the New York State Division of Criminal Justice Serv ice in a manner consistent �with Article 23-A o f the New York State Correction Law and shall report to the commission, as necessary. (Added by L.L. No. 9-1998) Sec. 270.111. Commission's review of base station application. 1. Upon receipt of an application tor the issuance of a license for a new base station or for the renewal of a license for a base station, the commission shall, within five business days, submit notification to the Mayor or Supervisor of the city, town or village o f the mut ' ' '^h such base station is or would be located or to the designee o f such Mayor or Supen'isor. 2. Upon reviewing an application for a license to operate a base station, the commission shall ex?""' "id consider, among other things: a. 1 lie abiiii^, nf'the applicant to adequately manage the base station; b. The applicant's financial stability; and c. The applicant's previous history, if any, in operating a licensed base station; d. Any relevant information maintained in the records of the Department of Motor Vehicles or the commission. 3. Approval of an application shall be evidenced by the issuance o f a license bearing a number assigned by the commission. (Added by L.L. No. 9-1998) Sec. 270.112. Base station license requirements. A base station owner shall be responsible for compliance with the following provisions and shall he liable for violations thereof: I. A licensed base station owner must at all times: (a) Have at least one owned or affiliated vehicle; (b) Maintain a principal place of business in accordance with laws of the municipality; (c) Provide safe and adequate storage for all business records which are required to be maintained; �(d) Maintain an operable telephone at the base station; and (e) Provide a meehanism for transmitting trip request intormation to affiliated drivers. 2. (a) A base station owner shall not advertise or eommunieate to the publie that his base station provides "for-hire serviee" before obtaining a base station lieense issued by the eommission. For the purposes of this provision, "for-hire service" shall inelude, but not be limited to, the terms "livery", "ear service", "black car" or "limousine"; (b) A base station owner shall not hold himself out tor business as a "taxi" or "taxicab" service or in any way use the word "taxi", "taxicab", "cab," "hack" or "coach" to describe his business without proper licenses; (e) A base station owner shall file with the commission the name, including any trade name, and address of the base station trom which for-hire vehicles affiliated with such base station are dispatched. 3. A base station owner shall conspicuously state in all print and broadcast advertising that the base station is licensed by the commission and shall include in such advertising the number contained on the license to operate a base station issued by the commission. 4. A base station owner who seeks to change the address of a base station must apply for a new base station permit in accordance with the requirements o f this chapter. A base station owner who moves a base station to any location without the prior approval o f the commission is operating an unlicensed base station in violation o f this chapter. 5. A base station owner shall not transfer or assign the base station owner's license to another without the a)mmission's written approval. 6. A base station owner shall not dispatch a for-hire vehicle from any location other than that specified in the base station license. (Added by I..L. No. 9-1998) Sec. 270.113. Operation of the base station. A base station owner shall be responsible for compliance with the following provisions and shall be liable for violations thereof �1. A base station owner shall be responsible for handling passenger eomplaints. Complaints about a base station or an affiliated driver or vehiele that are registered with the eommission shall be logged in at the eommission, assigned a ease number and referred to the appropriate b a s e station. Within ten working days from the date of referral, the base station shall notify t h e eommission in writing, making referenee to the ease number, regarding the satisfactory handling of any such complaint. 2. Upon filing with the Workers' Compensation Board to end the disbursement o f b e n e t l t s for a driver due to recovery from a disability and readiness to work, a base station owner shall provide the driver with documentation that benefits have ceased in order for the commission to return such driver's license. (Added by L.L. No. 9-1998) Sec. 270.114. Base station record-keeping and notice requirements. A base station owner shall be responsible for compliance with the following provisions and shall be liable for violations thereof: 1. Any notice from the commission shall be deemed sufficient if sent to the last mailing address furnished by such base station owner. 2. A base station owner must notify the commission when a driver or tor-hire vehicle is no longer affiliated with his/her base station. 3. A base station owner shall be responsible for filing with the commission, on an annual basis, or whenever there is a material change, the schedule o f the rates of fare charged by such base station. 4. A base station owner shall comply with all record-keeping procedures established and required by the commission, f h e operational information and inspection records required to be maintained, which are set forth in subdivision 5. of this section, shall be safeguarded and maintained at the base statiitn for a period of I 2 months, and may be inspected by commission representatives during regular business hours. 5. A base station owner shall be responsible for ensuring that the following records are kept: �(a) The date and the time that each call tor a dispatch was received as well as the location and destination o f t h e passenger to he picked-up and the commission license numbers o f t h e driver and vehicle dispatched; and (b) A list of all current affiliated vehicles, including the owner's name, mailing address and home telephone number, the vehicle's registration number, the vehicle's commission permit number, the license plate number o f t h e vehicle, the name o f t h e vehicle's insurance carrier and the policy number, and the dates of inspection o f t h e vehicle and the outcome o f e a c h such inspection. (Added by L.L. No. 9-1998) Sec. 270.115. Conduct of licensees/permittees. 1. A licensee or permittee shall immediately report to the commission any request or demand tor a girt, gratuity or thing of value by any employee, representative or member o f t h e commission. 2. A licensee or permittee shall cooperate with all law enforcement officers and authorized representatives o f t h e commission, including but not limited to giving, upon request, his name, license or perniit number and other documents required to be in his possession. 3. A licensee or permittee shall not use or attempt to use any physical force against a passenger, commission representative, public servant or other person, while performing his duties and responsibilities as a licensee or pennittee or as a result of actions which occurred in connection with a licensee's or pemiittee's performance o f his duties as such. 4. A licensee or permittee shall be responsible for answering truthfully and complying as directed with all questions, communications, directives, and summonses fh)m the commission or its representatives, as well as producing any licenses or other documents required to be kept by the commission whenever the commission requires him to do so, within ten days of notification. A base station owner shall have an affirmative duty to aid the commission in obtaining information sought by the commission regarding drivers or vehicles affiliated with such base station. 5. Except as provided for in section 270.106 6. o f this chapter, a licensee or permittee shall be responsible for notifying the commission within 15 calendar days after any felony conviction o f t h e licensee, individually, or in the event that the licensee is a partnership or �corporation, any individual who was required to be fingerprinted. Such notification shall be in writing and must be accompanied by a certified copy of the certificate of disposition issued by the clerk of the court with respect to such conviction. (Added by L,L. No. 9-1998) Sec. 270.116. General prohibitions. 1. No person shall operate a base station without a license from the commission. 2. No license for a new base station shall be issued for a period of three years subsequent to a determination in a judicial or administrative proceeding that the applicant or any officer, shareholder, director or partner of the applicant operated a base station that had not been licensed by the commission. 3. It shall be unlawful to operate a tor-hire vehicle without an affiliated driver's license issued by the commission. 4. It shall be unlawful for an owner of a vehicle to allow or otherwise enable his or her vehicle to be operated as a for-hire vehicle without a for-hire vehicle permit issued by the commission. 5. A person who engages in an activity for which a permit or license is issued pursuant to this section, after the expiration date of such permit or license and before the issuance of a renewal permit or license, is engaged in an unlicensed activity and may be subject to penalties pursuant to this chapter. 6. A for-hire vehicle permit shall be valid only while the registration o f t h e vehicle remains valid. Operation of a vehicle without a valid registration is operation without a valid forhire vehicle permit in violation of this chapter regardless of whether a tor-hire vehicle permit had previously been obtained while a registration was valid. 7. No unauthorized amendment or defacement shall be made to either the for-hire \'ehicle permit or decal. Added by L.L. No. 9-1998) �See. 270.117. Suinnions; notice of hearing; and service. 1. The commission or its designee may issue a s u m m o n s and notiee of hearing to anyone alleged to have violated any provision of this chapter. 2. The summons and notice of hearing shall contain the following information: a. The name(s) o f the respondent(s); b. The date o f issuance; c. The nature o f all charges including the date(s) o f the alleged violation(s) and the section(s) of this chapter alleged to have been violated; d. The penalty sought; e. The signature o f the members o f the commission or its authorized representative, f The date, time and place of the hearing to be held before an Administrative Law Judge; g. A statement that the respondent has the right to be represented by counsel and the right to e.xamine and cross-examine witnesses; h. A statement that the personal appearance of the respondent is required at the hearing; i. A warning that failure to appear at such hearing shall constitute a default whereby the Administrative Law Judge may proceed with the hearing in respondent's absence and a determination may be made against the respondent without fijrther opportunity tor respondent to offer evidence or a statement in mitigation of penalty; and j. A statement that an adjournment may be granted only upon application to the Administrative Law Judge. 3. Failure to comply with the provisions of 2. above will not result in a dismissal of the charges, but will only require that the summons and notice be amended accordingly. 4. Hearings shall be held no less than 15 days alter service of the summons and notice of hearing. 5. T'he s u m m o n s and notice of hearing shall be served u[X)n a respondent by: a. Personal service on respondent or his or her designee; or b. By certified mail, return receipt requested; or c. If the commission is unable to serve respondent in accordance with provisions a. and b. then by affixing the s u m m o n s and notice of hearing to the door of the �designated mailing address and by mailing a eopy thereof to sueh address by llrst class mail. Mailing address means the address designated tor the mailing. In the case of the base station, it shall be the base station address. In the case of the driver, it shall be the home address o f the driver. In the ease o f the owner o f a torhire vehicle, it shall be the home or business address o f the owner of the tor-hire vehicle. Any other documents to be served upon the respondent in connection with the hearing may be served by ordinary mail. Sei'vice by mail shall be deemed completed five days after mailing. (Added by L.L. No. 9-1998) Sec. 270.118. Adjournments. 1. A request for an adjournment should be made to the Administrative Law Judge prior to the date of the appearance and shall be granted only for good cause. 2. When granted, an adjournment shall be to a specified date, time and location. (Added by L.L. No. 9-1998) Sec. 270.119. Proceedings; in general. 1. All proceedings before the Administrative Law Judge will be open to the public except when the Administrative Law Judge shall, in his or her discretion, determine otherwise. 2. Upon a respondent's initial appearance, the Administrative Law Judge shall: a. Advise the respondent of his or her rights; and b. Request respondent to enter a plea of "guilty" or "not guilty" to the charges. 3. In the event that the respondent pleads "guilty", the Administrative Law Judge shall permit the respondent to offer an explanation to the charges in mitigation of the penalty. 4. in the event that the respondent pleads "not guilty", the Administrative Law Judge shall schedule a formal hearing. 5. In the event that the respondent fails to appear and there is proof of service of the summons and notice of hearing upon the respondent, the Administrative Law Judge may proceed to an inquest hearing. The Administrative I.aw Judge may draw a negative inference fi'om respondent's failure to a p p e a r �See. 270.120. Hearings. 1. A verbatim record of the hearing shall be made either by stenographer or by use of an electronic device. 2. A copy of the verbatim record o f the hearing shall be made available to a respondent upon the request of the respondent and upon payment by the respondent for the cost of reproduction. 3. The Administrative Law Judge shall have the authority: a. To make findings of fact and recommendations to the commission regarding all requests, including motions to dismiss; b. To add a party respondent to the proceedings upon notice to both the party respondent to be added and the respondent named in the proceedings; e. To administer oaths and affirmations; d. To issue subpoenas to compel the attendance and examination of witnesses and the production of books, records, papers and other documents; e. To admit and exclude evidence; f To limit the repetitious examination or cross-examination of any witness and the amount of corroborative or cumulative testimony; g. To hear argument on the facts and/or law; h. To order the parties to appear for a prehearing conference to a)nsider matters which may simplify the issues or expedite the proceeding; i. To order opening statements, and/or oral or written closing statements to be made; during any stage of the proceedings direct a respondent to comply with the applicable law or to cease a course of conduct or activity where there is reasonable grounds to believe such conduct or activity constitutes a violation of this chapter; perform all acts and take all measures necessary, but not otherwise prohibited by this section, for the maintenance o f o r d e r and the cftlcient conduct of the hearing. 4. f h e Administrative Law Judge may allow any party to amend or supplement a pleading at any time prior to the submission of the Administrative Law Judge's findings of fact and recommendat ions. 5. The strict rules of evidence need not be ob.scrvcd. �6. Each party sliall have the right to present evidence and to cross-examine witnesses, 7. The Administrative Law Judge may take judicial notice o f a n y judicial or administrative proceedings. 8. All evidence, including records, documents and memoranda in the possession o f t h e commission of which it desires to avail itself, shall he offered and made a part o f t h e record. All such documentary evidence may be received in the tbrm of copies or excerpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated shall be available tor examination by the parties in advance o f being received in evidence. 9. The written reports of state, local officials and/or the commission shall be presumptive evidence o f t h e facts so stated therein relating to complaints, alleged violations, investigations, proceedings, actions, orders, entbreement of this chapter and the applicable laws, and shall be received as such in evidence. 10. The commission or its designee has the burden of proof and of going forward in all enforcement cases. I 1. The findings and recommendations o f t h e Administrative Law Judge shall be founded upon substantial evidence. (Added by L.L. No. 9-1998) Sec. 270.121. Administrative Law Judge's findings of fact and recommendations. 1. The Administrative Law Judge shall within 30 days after the conclusion o f t h e initial appearance or hearing, as applicable, prepare and render findings o f fact and recommendations in writing to the commission, 2. I'he findings of fact and recommendations to be submitted to the commission shall contain the following, as appropriate: (a) Findings of fact, conclusions of law and either a "guilty" or "not guilty" determination; (b) The incorporation in the decision o f a n y stipulation of discontinuance entered into between the parties to the proceedings; �(c) A recommended penalty (whieh may include the revocation or suspension o f any license or permit issued by the commission to the respondent); (d) A directive to coirect any existing or continuing violation of this chapter and any applicable law and the measures required to correct such violation; (e) A directive to cease and desist an operation, activity or action determined to be in violation of this chapter and any applicable law; (t) A directive to institute a procedure, method, strategy or technique required to comply with this chapter and any applicable law; (g) A specified condition to suspend any assessed civil penalty; (h) A posting of a bond or escrow account approved by the commission to insure a respondent's compliance with the decision; and (i) The inclusion of a penalty contained in a stipulation of discontinuance conditioned upon a respondent's failure to meet any milestones or provisos for a)mpletion of corrective measures. 3. The commission shall render its decision within one month of receipt of the Administrative Law Judge's findings of fact and recommendations. A copy of the commission's decision shall be served upon a respondent. (Added by L.L. No. 9-1998) Sec. 270.122. Enforcement; violations. 1. Any fines and/or penalties imposed by the commission shall be calculated on a daily basis for each day a violation or condition is permitted to e.xist. 2. The commission, arter complying with the hearing requirements set forth in this chapter, may impose reasonable fines not to exceed $ 1,5()0.(){), or suspend or revoke any driver's license, vehicle liccnse or ba.se station license where the holder has failed to comply with or has willfully i)r knowingly violated any of the provisions of this chapter. 3. An action tor the recovery o f a penalty under this section may be settled or compromised by the commission prior to the entry of judgment theretbr. 4. Expenses and costs incurred by the county for the enforcement of this chapter against the respondent may be assessed against a respondent in addition to any other fines or penalties. �5. The failure to ct)mply with an order of the commission for violations, or the failure to timely pay for any civil penalty imposed, shall be grounds: a, Fo commence legal action to enforce the order or recovcr the civil penalty in any court of competent jurisdiction; and/or b. To suspend the respondent's license or permit until the civil penalty is paid and/or until respondent fully complies with the order of the commission. 6. A person who willfully violates, refuses or fails to comply, with any order of the commission is guilty of a misdemeanor and subject to penalty as prescribed by law. (Added by L.L. No. 9-1998) Sec. 270.123. S u m m a r y action to suspend a license. 1. Where the commission has reasonable grounds to believe that it is necessary, in order to insure the public health, safety or welfare, it may order summary suspension o f a license pending revocation proceedings. 2. Such summary order shall be served upon the respondent by personal service or by certified mail, return receipt requested, and regular mail at the last address on file with the commission. 3. Where summary suspension is invoked, the commission shall c o m m e n c e proceedings before an Administrative Law Judge within 72 working hours and such Administrative Law Judge shall promptly make a detemiination thereon. Notwithstanding the aforementioned, no proceeding is necessary where the summary suspension results from a non-payment of a fine or a failure to comply with an order in accordance with section 270.122 5.b. 4. If the facts on which violations are based are also the subject o f a pending criminal investigation or criminal proceedings, then the Administrative Law Judge may postpone the hearing until a reasonable period of time following the final disposition o f t h e criminal investigation tir criminal proceedings. The suspension o f t h e respondent shall continue pending the hearing, i f d e e m e d appropriate by the Administrative Law Judge. 5. If the criminal investigation is concluded without the filing o f c r i m i n a l charges or i f t h e criminal charges are dismissed against the respondent, then the commission's suspension shall be forthwith vacated, lu)wever the proceedings before the Adnnnistrative Law Judge shall continue as otherwise provided in this chapter. �Sec. 270.124. Enforcement; violations; other than by prosecution. 1. Notwithstanding cntbrcement o f this chapter by w a y of administrative proceeding or recovery of civil penalties, revocation or suspension o f permits, the commission may seek to obtain voluntary compliance with this chapter or other applicable law by way of notice, permit, warning or educational means. 2. Nothing in this chapter shall be construed to require that such non-compulsory methods be employed or attempted before proceeding by way o f compulsory or other legally prescribed procedures or measures. 3. Vehicle Immobilization Program 1. As used in this section, (a) the phrase "vehicle immobilizer", also known as a "boot", shall mean any device, approved by the commission, which is locked to the wheel of a vehicle to prevent the vehicle from being driven. (b) the phrase "unanswered summons" shall mean any summons issued pursuant to section 270.1 I 7 o f the Laws of Westchester County which remain outstanding, unanswered or defaulted by the respondent. 2. In addition to any other penalties provided for in this Chapter, a vehicle immobilizer may be applied to any vehicle whose owner has either: (a) failed to pay civil penalties resulting from violations of this Chapter as against the owner of the vehicle, the driver of the vehicle and/or the owner of the base station where the vehicle is affiliated, which exceed $ 1,000; or (b) a total of five or more unanswered s u m m o n s e s from violations o f the For-Hire Vehicle Law as against the owner of the vehicle, the driver of the vehicle and/or the owner of the base station where the vehicle is affiliated, 3. rhe Commission and/or its designee shall notify the owner of the vehicle, the driver of the vehicle and/or the owner of the base station where the vehicle is affiliated, that a vehicle immobilizer may be attached to their vehicle(s) if the outstanding civil penalties are not paid within thirty (30) days or if the unanswered summonses are not finally satisfied within thirty (30) days. �4, Upon applying a vehicle immobilizer, the commission and/or any authorized person or entity designated by the commission shall provide written notification to the owner of the vehicle and the base station owner to which the vehicle is aftlliated, if any, of the procedure by which the outstanding civil penalties or unanswered summonses shall be satisfied and the vehicle immobilizer removed. Such written notice shall be made as soon as practicable but in no event later than two (2) business days after which the vehicle immobilizer has been applied. The driver o f the vehicle, if present, shall be notified immediately following the application o f the vehicle immobilizer of the procedure by which the outstanding civil penalties or unanswered s u m m o n s e s may be satisfied. 5. In the event that a vehicle is immobilized in a location where it cannot legally remain, said vehicle may be towed to a location designated by the commission. Law enforcement personnel may also tow a vehicle that has been immobilized for public safety reasons as well as to protect the immobilized vehicle. 6. The commission shall not authorize the release of any immobilized or towed vehicle until all of the following fees, fines, and penalties have been paid in tlill: (a) fees relating to the application of the vehicle immobilizer; (b) fees, if any, relating to transport o f any passenger, who was in the vehicle at the • thri» ' iucle immobilizer was applied. This fee, if any, shall be the same amount ..at tne passenger was being charged for his or her transport that was interrupted when the vehicle immobilizer was applied; 'c) fees for towing, if applicable; ipplicable; and (e) the uiidci i j ii., fine or civil penalty. 7. Fhe unauthorized removal or destruction of a vehicle immobilizer may result in a criminal prosecution in accordance with the provisions of the New York State Penal I-aw and the New York State Criminal Procedure Law. Added by L.L. No. 9-|i)<)8; amended by L.L. No, 12-2()()6) �See. 270.125. Severability. If any word, phrase, clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the words, phrase, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Added by L.L. No. 9-1998) �SCHEDULE"B" WCTLC RULES & REGULATIONS �SCHEDULE"C" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing work, the Municipality 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 o f 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. T h e 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 o f Westchester by registered mail, return receipt requested, tor all o f the to Ho wing stated insurance policies. All notices shall n a m e the Municipality 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 Municipality shall upon notice to that effect trom the County, promptly obtain a new policy, submit the s a m e to the Department o f Risk Management of the County o f Westchester for approval and submit a certificate thereof Upon failure of the Municipality 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 Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality f r o m any liability under the Agreement, nor shall the insurance requirements be construed to contlict with or otherwise limit the contractual obligations of the Municipality 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 o f any operations under the Agreement, the amount of excess o f such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the tbilowing coverage (if additional coverage is required tor a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): Fund York 120.1 I,aw. (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Insurance C o m p a n y tbrm U-26.3 is required for proof o f compliance with the New State Workers' Compensation I.aw. State Workers' Compensation Board form DF3is required for proof of compliance with the New York State Disability Benefits Location o f o p e r a t i o n shall be "All k)cations in Westchester County, New York." �Wlierc an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits' Policy, or both, the employer must complete affidavit form WCVDB-lOO (revised 9/07), sign and notarize the form, and send to the NYS Workers' Compensation Board for (stamped) approval. Fhe stamped approval (valid for 1 year) should then be provided to the County of Westchester with all other insurance documentation. if the employer is self-insured tor Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate o f Workers' Compensation Self-Insurance, or GSl-105,2, Certificate of Participation in Workers' Compensation Group SelfInsurance). (b) Employer's Liability with minimum limit o f $ 100,000. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 tor property damage or a combined single limit o f $1,000,000 (c.s. 1), naming the County o f Westchester as an additional insured. This insurance shall include the tbllowing coverages: (i) Premises - Operations. (ii) Broad Form Contractual. (iii) Independent Contractor and Sub-Contractor. (iv) Products and Completed Operations. All Contracts involving the use of explosives and demolition shall provide the above coverage with elimination o f the XCU exclusion from the policy, or proof that XCU is covered. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 tor bodily injury and a minimum limit of $100,000 per occurrence t()r property damage or a combined single limit o f $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include tor bodily injury and property d a m a g e the following ct)verages: (i) Owned automobiles, (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the tbllowing clauses: (a) Insurers shall have no right to recovery i)r subrogation against the County of Westchester (including its employees and other agents and agencies), it being �the intention of the parties that the insuranee policies so effected shall protect both parties and be primary coverage tor any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County o f 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 o f Westchester (including its agents and agencies as aforesaid) for payment o f any premiums or for assessments under any form o f policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. �Resolution Regarding Agreement Involving Surveillance Cameras at College Arms Whereas, the owners of premises known as College Arms, located at 100 College Avenue, installed surveillance cameras throughout the premises; and Whereas, pursuant to an agreement with the Village of Sleepy Hollow and the owners the cameras feed the surveillance of the premises directly to the Sleepy Hollow Police Department; and Whereas, the owners pay to the Village of Sleepy Hollow the annual sum of $10,000 to assist with the surveillance of the interior of the premises by the PD; and Whereas, the ability to survey the premises through a live feed has proven beneficial to law enforcement; and Whereas, the owners of said premises are now desirous of upgrading and expanding the surveillance system and have requested the Village accept the cost of said upgrade and expansion in lieu of the agreed upon annual payment for a period of two years; and Whereas, Chief Camp has recommended the Board of Trustees agree to this proposal; Now, therefore, be it resolved the Board of Trustees hereby agrees to accept the upgrade and expand the surveillance system at the premises in lieu of their annual payment of $10,000 for a period of two years, commencing with the 2011 payment. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 4-0 �Whereas, the Board of Trustees has been in the process of revising the Village Code; and Whereas, the Village is working with General Code Publishers in this process; and Whereas, a public hearing is required to make any revisions to the Code and it is the intention of the Board of Trustees to hold an ongoing public hearing during the next few months to hear public comments on the revisions; and Whereas, there are some revisions which the Board believes will generate more public discussion than others, and the Board is desirous of ensuring that the public has ample opportunity to comment on the proposed revisions; Now, therefore, be it resolved the Board of Trustees hereby schedules a public hearing for Tuesday, October 25. 2011 at 7:00 pm, to hear and consider comments on the chapters pertaining to the following: Constables (currently Chapter 18); Defense and Indemnification (currently Chapter 23); Disciplinary Hearings (currently Chapter 27); Code of Ethics (currently Chapter 34); Fire Districts (currently Chapter 39); Ordinances (currently Chapter 65); Public Access to Records (currently Chapter 80); Recreation Commission (currently Chapter 83) Residency Requirements (currently Chapter 87) Alarm Systems (currently Chapter 110). Be it further resolved the Village Clerk make available copies of all proposed revisions for public inspection. Moved: Trustee Campbell Seconded: Trustee Wompa Vote: 4-0 �Public Hearing Notice Village of Sleepy Hollow Please take notice that the Board of Trustees does hereby call for a Public Hearing on Tuesday, October 25^*" 2011 at 7;00 p.m. or soon thereafter in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments on the chapters pertaining to the following: Constables (currently Chapter 18); Defense and Indemnification (currently Chapter 23); Disciplinary Hearings (currently Chapter 27); Code of Ethics (currently Chapter 34); Fire Districts (currently Chapter 39); Ordinances (currently Chapter 65); Public Access to Records (currently Chapter 80); Recreation Commission (currently Chapter 83) Residency Requirements (currently Chapter 87) Alarm Systems (currently Chapter 110). The above mentioned sections of the Village Code are available for review on the Village's Website at www.sleepyhollowny.gov and the entire Village Code is available for review in the Village Clerk's office, during business hours, Monday through Friday, 8:30 a.m. to 4:30 p.m. Residents are entitled to attend and be heard at said hearing. Village Hall is handicap accessible. By Order of the Board of Trustees Paula A. McCarthy Village Clerk Dated: October 11, 2011 �Whereas, it has come to the attention of the Board of Trustees that street signage posted throughout the Village may not always accurately reflect local law; Now Therefore, Be It Resolved, the Board of Trustees hereby authorizes the hiring of two persons to conduct a street survey of all signage within the Village for the purpose of Code Compliance; and Be It Further Resolved the lead person will be paid $25/hourly and the assistant will be paid $15/hourly. Be It Further Resolved no more than 160 hours in total is authorized for this project. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 4-0 �Resolution of the Board of Trustees Authorizing Block Party Be It Resolved the Board of Trustees hereby authorizes the Ragamuffin parade and block party on Saturday, October 29'^, 2011 starting at 12 noon on Munroe Avenue and Millard, and walk south towards DeVries Avenue. The Block party will be on DeVries Avenue between Munroe Avenue and Bellwood Avenue, ending at 3:00 pm. Be It Further Resolved the Board of Trustees directs the Chief of Police to coordinate the public safety issues with the applicants for the block party. Moved: Trustee Carr Seconded: Trustee Campell Vote: 4-0 �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Actions of the Fire Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the actions of the Fire Chief in electing Edgar Brennan to active membership in Union Hose Engine Co. No. 2 and Elena Brennan to active membership in Fire Patrol Co. No. 1. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notif/ the Fire Chief in writing of this resolution. Moved: Trustee Wompa Second: Trustee Stupel Vote: 4-0 �� 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-2011 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_2011-10-11 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/091c97cde56156f03a2e7f095e20fd39.pdf 6bc47f00bf43df4cfae45a6da428d57e PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, October 4, 2011 at the Sleepy Hollow Village Hall 28 Beekman, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. Wompa Bruce R. Campbell Barbara J. CanDavid L. Schroedel Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Attorney Rich Gross, General Foreman Greg Camp, Police Chief Robin Pell, Recreation Supervisor David Smith, Village Planning Consultant Dolph Rotfeld, Village Engineer Mayor Wray called the work session to order at 7:00 p.m. WATER SYSTEM PRESENTATION - Trustee Schroedel gave a power point presentation on Sleepy Hollow's water system. The Village's water storage capacity in inadequate and there is an urgent need to construct a new reservoir. The proposed site for the new reservoir is either directly below or above the existing reservoir located on the Rockefeller State Preserve. The Village has an easement at this location. David Smith and Dolph Rotfeld were present to answer questions. Discussion ensued. David Smith was instructed to start the SEQRA process. SECURITY CAMERAS AT 100 COLLEGE ARMS - 100 College Arms pays the Village $ 10,000 a year for extra security as part of a PILOT agreement. The management company for 100 College Arms offered to install security cameras that can link up to the Police Department. The cost of these cameras is approximately $20,000 and so the management company asked the Village Board to waive the security fee for two years. Discussion ensued. Mayor Wray requested that a resolution to approve this request be on the next Board Meeting agenda. �AFTER SCHOOL PROGRAM - Robin Pell was on hand to answer questions about the afterschool program. Most of the students have paid, but there are a couple of students that still owe money. Ms. Pell said that checks were sent to the Recreation Department, but this is no longer permitted by the Village Board. Checks should come directly to the Finance Department. PASSENGER TRANSPORT IMA ^ The Board reviewed a draft inter-municipal agreement with the County. The agreement states that the Village can enforce County laws that regulate livery cabs in exchange for a percent of the revenue from fines. Discussion ensued. Mayor Wray requested that a resolution to approve this request be on the next Board Meeting agenda. SNOW AND ICE AGREEMENT - The Board reviewed a snow and ice agreement with the State. The Village receives payment from the State to plow and salt State roads located in Sleepy Hollow. Discussion ensued. Mayor Wray requested that a resolution to approve this request be on the next Board Meeting agenda. CODE REVISIONS - Janet Gandolfo outlined proposed changes and updates to the code. Most of the changes relate to items in the code that are now obsolete, such as constables. Discussion ensued. SALARY INCREASE FOR COURT OFFICER - The Board reviewed a request made by Judge Andres Valdespino to increase the Court Officer's hourly rate of pay. The funds are available in the operating budget. Mayor Wray requested that a resolution to approve this request be on the next Board Meeting agenda. HALLOWEEN EVENTS - Trustee Campbell, Bill Hammer and Chamber of Commerce President Terry McGlynn updated the Board on the plans for Halloween. The Village and Chamber of Commerce are working together to try and capitalize on the many tourists that come to Sleepy Hollow in October. At 8:50 p.m. the meeting was adjourned. Respectfully submitted. Anthony Ciigc^io, Village Administrator � 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-2011 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_2011-10-04_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/4aba4893be6dc9c31f059f47a64c81f8.pdf d94747a7a08f53bea952e95fcf146218 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, September 27, 2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, N e w York. Present: Mayor Kenneth G. Wray Deputy Mayor, Thomas Capossela Karin Woilipa Bruce Campbell Evelyn Stupel David Schroedel Barbara Carr Trustees Also Present: Anthony P. Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Greg Camp, Police Chief There was an Executive Session at 6:40 to discuss a personnel matter. At 7:10 p.m. the Mayor called the meeting to order with a prayer and pledge to the flag. Approval of Warrants: Trustee Carr moved, seconded by Trustee Campbell to approve warrant 11SEP27 in the amount of $874,092.64. Motion carried 6-0 Approval of Minutes: Trustee Carr moved, seconded by the Trustee Campbell to approve the minutes for August 30, 2011, September 6, 2011, September 13, 2011 & September 20, 2011. Motion Carried 6-0 Mayor's Announcements: Mayor Wray announced that Village resident Gorete Crowe received a N e w York State nursing award. The Mayor proclaimed this past Saturday as Gorete Crowe Day in the Village. Mayor Wray said that Chris Halle, Jan Maltby and Camilla Calamandrei resigned as members of the Environmental Advisory Council. Mayor Wray appointed Adrian Berzowski to complete Chris Halle's term and Sean Roach to complete Jan Maltby's term. Mayor Wray outlined the plan to update the Village code and wished everyone a happy Jewish N e w Year. Public Comments: Mary Ellen Joy commented on items that the D P W needs to address. Items include damaged hedges on Riverside Drive, pot holes on Harwood Avenue, maintenance of the islands along Route 9 and clogged catch basins. The matter was referred to the Village Administrator. �Dan Scott thanked the Village Board for allowing comments on the code revisions. Mr. Scott recommended that the proposed changes be put on the Village website. Matthew Gullatta reported that a fundraising event for Paula Cloutier was recently held at the Double Tree Hotel. Ms. Cloutier suffers from Diabetes and is in need a new wheel chair. The event raised $5,000. Mr. Gullatta thanked all involved. Mario Belenich believes Sleepy Hollow should not look to share services with Tarrytown because they are suing the Village. Mr. Belenaich wanted to know where the $10,000 went for the after-school program. Trustee Reports: Trustee Schroedel reported on the fire inspection dinner and said that the Public Safety Committee will meet to discuss plans for Halloween. Trustee Schroedel praised Lieutenant Frank Hrotko, Lieutenant Anthony Bueti and police officers Jared Kmiotek, Jose Cotarello, and Rich D'alessandro for the professional manner in which they handled a violent crime that occurred on Depeyster Street. The assailant was apprehended. Trustee Schroedel advised former ambulance corps, members to return all Village owned property or the matter will be referred to the Police Department. Trustee Carr reported that the Halloween Committee continues to work on plans for the upcoming haunted hayride. Trustee Campbell stated his frustration with Tarrytown regarding the G.M. lawsuit. Trustee Campbell feels the lawsuit will needlessly cost both Village's tens of thousands of dollars. Trustee Capossela gave a D P W report. October 10 is a holiday and there will be no garbage pick-up on that day. Damaged catch basins and pot holes caused by Hurricane Irene are being repaired. Hemlock Road and Evergreen Way will be paved this week. Sykes Park has been resurfaced. Leaf pick-up has begun. Staring this Saturday, the use of leaf blowers is permitted. Trustee Capossela announced that the Sleepy Hollow, Ossining football game will take place this Saturday and he encouraged everyone to attend. Trustee W o m p a reported that the Administration Committee met with Paula McCarthy to discuss the FOIL process. Trustee Wompa also reported that the Downtown Revitalization Corporation will be purchasing new garbage cans for Beekman Avenue. Over 2,000 people signed the petition to save the Sleepy Hollow Post Office. Trustee Stupel reported that the Safe Housing Committee met to discuss illegal housing. The next Court date is October 27. �Administrator Report: Mr. Giaccio reported that there is a Duracell informational meeting tentatively scheduled for October 24. The meeting is being organized by the Department of Environmental Conservation and will be held at the High School. The Rivertown Runners met with department heads to review plans for the 1 Ok run. The race will take place on October 22 and will begin at Morse School. Hayride tickets have gone on sale and plans for Halloween are on-going. Resolutions: - See attached Old Business: - Trustee Schroedel informed the Public that there was never $10,000 missing f r o m the after-school program. The discrepancy was from a recreation department bookkeeping error, which indicated that more revenue was received than there actually was. N e w Business: - Trustee Schroedel announced that he will be making a presentation on the water system at next week's work session. Trustee Capossela would like the traffic light that comes out of Phillipsburg Manor taken off a timer because it causes traffic to back up on Route 9. The [Department of Transportation has to approve this. Trustee Campbell requested a financial report on the after-school program. Sara DiGiacomo gave a summary of the fees collected to date. Discussion ensued. Correspondence: The Clerk received a liquor license application from 91 Cortlandt Street. The application was referred to the Police Department and Building Department. Public Comments: Adrian Berzowski wanted to know what the Village's argument against the Tarrytown lawsuit was. Trustee Schroedel and Mayor Wray responded. Discussion ensued. Dan Scott wanted to know why changes were made to the ambulance corps. Mayor Wray responded. Discussion ensued. Mario Belenich commented on the Tarrytown lawsuit Frank Occhipinti wanted to know if benches could be installed on Cortlandt Street. �E X E C U T I V E SESSION At 9:00 p.m., on a motion made by Trustee Carr and seconded by Trustee Campbell and carried unanimously the Board moved to Executive Session to discuss personnel matters. At 9:29 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved out of executive session. On motion by Trustee Campbell, Seconded by Trustee Stupel the meeting was adjourned at 9:30 p.m. Respectfully submitted. AnthodyCjiaccio Village Administrator � 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-2011 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_2011-09-27 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/19e83266d53d0253f8203f9f7bbb756e.pdf 3d851b40e7b3519eeac1667ac019e885 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, September 20, 2011 in Village Hall 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Bruce R. Campbell Barbara J. Carr David L. Schroedel Evelyn R. Stupel Trustees Thomas Capossela (Absent) Karin T. Wompa (Absent) Also Present: Anthony Giaecio, Village Administrator Janet Gandolfo, Village Attorney Mayor Wray called the work session to order at 7:15 p.m. PUBLIC ACCESS TELEVISION PRESENTATION - There was a presentation made by a joint Tarry town/Sleepy Hollow committee formed to establish a Public Access Television Station. Bruce Campbell, Barbara Carr, James West, Dean Galley and Robert Hoyt represented the Committee. Currently both Villages have a government and education channel, but no public access. Combining the two Village's will allow for the opportunity to share limited resources. Attached is a summary of the presentation. LIBRARY BOARD PRESENTATION - Members of the Warner Library Board and staff made a presentation on the library and the programs that are offered to both Sleepy Hollow and Tarrytown. The presentation was in response to recent discussions over library funding. Discussion ensured. SENIOR CITIZEN TAX EXEMPTION - Tax Assessor Fred Gross updated the board on the senior citizen property tax exemption. Seniors with an income of less than $29,000, the reduction could be as much as 50 percent. The reduction goes up or down in 5-percent increments depending on income. Seniors whose income exceeds $37,400 are not eligible for the discount. Last year 29 seniors qualified for the program resulting in a $44,000 tax loss for the village. This year 26 seniors are expected to qualify. �CODE REVISIONS- Village Attorney, Janet Gandolfo updated the Board on the code revision project. Department heads are meeting with Ms. Gandolfo to bring the Village code up to date. Many local laws are outdated and obsolete. The Village Board will have to vote on any changes made to the code. When completed, this project will enable residents to access the code on-line. See attached report. ICHABOD'S LANDING MAINTENANCE AGREEMENT-Village Attorney, Janet Gandolfo intbrmed the Board that an agreement has been reached with Ichabod's Landing regarding maintenance of the River Walk. Ichabod's will contribute $5,000 per year to pay a private landscaper. In addition. Ichabod's will repay $20,000 owed from the previous four years. At 8:50 p.m. the meeting was adjourned. Respectfully submitted. Anthoity^fjiaccio, Village Administrator � 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-2011 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_2011-09-20_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/349375d1700fce6cb6ed4b5129ea5b20.pdf 39e952dab8c61639ddb12d52fae14b97 PDF Text Text Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Purchase Thermal Imaging Camera WHEREAS, the Village of Sleepy Hollow Fire Department regularly uses thermal imaging cameras to determine whether there are fires behind walls and other obstructions, gauge the temperature of overheating appliances, outlets and bulbs, as well as find victims in smoke or darkness; and WHEREAS, the Fire Department does not have a thermal imaging camera on each truck, thus, when responding to certain calls, don't have the necessary equipment available; and WHEREAS, a grant funding source has been identified to assist the Fire Department in purchasing a thermal imaging camera, which requires a 5% Village cash match. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the Federal Emergency Management Agency in accordance with the provisions of the Assistance to Firefighters Grant Program, in an amount not to exceed $10,000, and upon approval of said request to enter into and execute a project agreement with the Federal government for such financial assistance for purchase of a thermal imaging camera; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Deputy Mayor Capossela Seconded: Trustee: Trustee Stupel Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Submission of Grant Application to Purchase Turnout Gear WHEREAS, the Village of Sleepy Hollow Fire Department, having been very successful in recent years at recruiting new members, has seven junior members who have reached the age required to take their Firefighter 1 training but who have no turnout gear; and WHEREAS, it is the Fire Department's policy to present recent Firefighter 1 graduates with their own set of custom-fit turnout gear, so they can respond to structural fires; and WHEREAS, there are three other fire fighters whose turnout gear has reached its ten year useful life span, beyond which turnout gear is not fit for interior firefighting, as per the standards NFPA 1971 - Protective Ensemble for Structural Firefighting and NFPA 1851 - The Selection, Care and Maintenance of the Firefighter Ensemble. This obsolete gear must be replaced to bring it up to the current standard; and WHEREAS, a grant funding source has been identified to assist the Fire Department to purchase ten sets of turnout gear, which requires a 5% Village cash match. NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of Sleepy Hollow, is hereby authorized and directed to file an application for funds from the Federal Emergency Management Agency in accordance with the provisions of the Assistance to Firefighters Grant Program, in an amount not to exceed $30,000, and upon approval of said request to enter into and execute a project agreement with the Federal government for such financial assistance to purchase ten sets of turnout gear; and BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Wompa Seconded: Trustee Campbell Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Passing on Reimbursement from COPS Secure Our Schools Grant to the Tarrytown Union Free School District WHEREAS, the Tarrytown Union Free School District wrote a successful grant application for a 2008 U.S. Department of Justice Community Oriented Policing Services (COPS) Secure our Schools grant for security improvements to the high school. As required by the COPS program, the Village of Sleepy Hollow was the applicant and grantee of said grant, and the school district its partner; and WHEREAS, Secure Our Schools grant number 2008CKWX0738 in the amount of $100,125 was awarded; and WHEREAS, the Tarrytown Union Free School District implemented and managed the grant project, incurred the expenses and provided the required 50% match, and is, therefore, entitled to the grant reimbursement monies; and WHEREAS, the Tarrytown Union Free School District spent $35,175 of the grant on items included in the grant budget during the grant period, and the Village of Sleepy Hollow has received reimbursement in the amount of $35,175 from the U.S. Department of Justice. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow does hereby authorize the $35,175 reimbursement against U.S. Department of Justice Community Oriented Policing Services Secure Our Schools grant number 2008CKWX0738 be passed on to the Tarrytown Union Free School District. Moved: Trustee Stupel Seconded: Trustee Schroedel Vote: 6-0 �BOND RESOLUTION, DATED SEPTEMBER 13, 2011, AUTHORIZING THE ISSUANCE OF UP TO $516,416 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF VARIOUS PUBLIC PURPOSES IN AND FOR THE VILLAGE, INCLUDING (I) THE ACQUISITION OF MOTOR VECHICLES FOR THE POLICE DEPARTMENT, (11) THE ACQUISITION OF EQUIPMENT AND FURNISHINGS, (III) PAYMENT OF JUDGMENTS, CLAIMS, AWARDS AND DETERMINATIONS. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of various public purposes in and for the Village, including (i) the acquisition of motor vehicles for the police department ($139,287), (ii) the acquisition of equipment and furnishings ($33,043), (iii) the payment of judgments, claims, awards and determinations ($344,086), including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $516,416, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $516,416, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes, or classes of objects or purposes, which costs may vary between and among the same objects or purposes up to the total amount authorized herein and hereinafter described. �Section 2. The specific objects or purposes, or classes of objects or purposes, to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes, or classes of objects or purposes, pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition of motor vehicles for the police department, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $139,287 for which $139,287 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The acquisition of equipment and furnishings for the fire departrment, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $33,043 for which $33,043 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years �computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (c) The payment of judgments, claims, awards and determinations, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $344,086 for which $344,086 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 33 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $516,416; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maturity of such serial bonds authorized herein shall not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize the capital financing of such expenditure. Secfion 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Secfions 21.00, 30.00, 50.00 and 56.00 to 60.00, �inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Acting Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Acting Village Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of publication of this bond resolution, or �such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations"), to finance the costs of the Project. The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligafions to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the �federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under. Rule 15c2-12 (the "Rule") promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of �the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Acting Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney and such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution is effective immediately upon adoption by the Board of Trustees of the Village. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �BOND RESOLUTION, DATED SEPTEMBER 13, 2011, AUTHORIZING THE ISSUANCE OF UP TO $383,584 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE (I) THE ACQUISITION, CONSTRUCTION OR RECONSTRUCTION OF A PARK, PLAYGROUND OR RECREATIONAL AREA, (11) THE CONSTRUCTION, RECONSTRUCTION, WIDENING OR RESURFACING OF A ROAD OR STREET, (III) THE ACQUISITION OF MACHINERY AND APPARATUS FOR MAINTENANCE, (IV) THE ACQUISITION OF REPLACEMENT EQUIPMENT, MACHINERY OR APPARATUS FOR A RIVER REGULATING RESERVOIR AND (V) THE CONSTRUCTION OF AN ADDITION OR RECONSTRUCTION OF A BUILDING. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition, construction or reconstruction of a park, playground or recreational area ($121,819), (ii) the construction, reconstruction, widening or resurfacing of a road or street ($32,518), (iii) the acquisition of machinery and apparatus for maintenance ($184,855), (iv) the acquisition of replacement equipment, machinery or apparatus for a river regulating reservoir ($32,518) and the construction of an addition or reconstruction of a building ($11,874), including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $383,584, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate �principal amount not to exceed $383,584, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or puiposes, or classes of objects or purposes, hereinafter described. Section 2. The specific objects or purposes, or classes of objects or purposes, to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes, or classes of objects or purposes, pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition, construction or reconstruction of a park, playground or recreational area, including the acquisition of any applicable equipment, machinery, apparatus, land or rightsin-land necessary therefore and any preliminarj' and incidental costs related thereto, at an estimated maximum cost of $121,819 for which $121,819 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The construction, reconstruction, widening or resurfacing of a road or street, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-inland necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $32,518 for which $32,518 principal amount of serial bonds, and/or bond �anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. (c) The acquisition of machinery and apparatus for maintenance, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $184,855 for which $184,855 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. (d) The acquisition of replacement equipment, machinery or apparatus for a river regulating reservoir $32,518, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $32,518 for which $32,518 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of �fifteen (15) years pursuant to subdivision 2 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. (e) The construction of an addition or reconstruction of a building $11,874, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $11,874 for which $11,874 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable useftjlness of fifteen (15) years pursuant to subdivision 12(2) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $383,584; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein are to be applied to �reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize the capital financing of such expenditure. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized herein, and of �bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations"), to finance the costs of the Project. The Village covenants for the benefit of the holders of such obligations that it will not make any use of the �proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, tinancial statements and notices, in �such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitmenf) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney and such bond counsel or other qualified independent special counsel in determining whether a filing should be made. �Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting the Resignation of Francisco Joel Leonardo WHEREAS, Department of Public Works, Francisco 3oel Leonardo, by the attached letter dated September 5, 2011, submitted his resignation notice from the Village of Sleepy Hollow. WHEREAS, said resignation must be formally accepted by the Village of Sleepy Hollow Board of Trustees, and WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy for employee termination and rehire, and NOW, THEREFORE, BE IT RESOLVED, that the Village Board accepts the resignation of Francisco Joel Leonardo dated September 5, 2011 and effective October 3, 2011, and finds that the termination/rehire policy of July 15, 2003 applies, and BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Francisco Joel Leonardo and a copy be placed in his personnel record with proof of service. Moved: Deputy Mayor Capossela Seconded: Trustee Wompa Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving a Request made by the Saint Teresa of Avila Church BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow approve a request made by the Saint Teresa of Avila Church located at 130 Beekman Avenue, to hold a street procession on Saturday, October 1, 2011 at 6:00 pm. BE IT FURTHER RESOLVED that the Mayor and the Board of Trustees approve the closing of Beekman Avenue, Clinton Street and Cortlandt St. during this procession. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �Resolution of the Board of Trustees Authorizing Block Party Be It Resolved the Board of Trustees hereby authorizes the Farrington Avenue block party on October 22, 2011 from 4:00 pm to 11:00 pm between Bellwood and Monroe Avenues; and Be It Further Resolved the Board of Trustees directs the Chief of Police to coordinate the public safety issues with the applicants for the block party. Moved: Trustee Wompa Seconded: Trustee Stupel Vote: 6-0 �Resolution Seeking Permission to Dispose of a Police Vehicle Whereas, the Police Department has a 1999 Ford Crown Victoria that will be taken out of service when new vehicles are purchased; and Whereas, the Police Department seeks to appropriately dispose of the marked and equipped police vehicle; and Whereas, the Owego Police Department has lost marked police vehicles due to the flooding caused by Hurricane Irene and is in need of a marked and equipped police vehicle; and Whereas, the Village of Sleepy Hollow has a 1999 Ford Crown Victoria with a value of less than $200.00; Now Therefore, Be it resolved that the Village Board of the Village of Sleepy Hollow hereby grants permission to the Sleepy Hollow Police Department to sell the car to Owego Police Department for the sum of $1.00. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �Whereas, the Village has recently given salary increases to certain nonunion and union employees; and Whereas, the Board of Trustees is desirous of treating salary considerations of all employees fairly; Now, therefore, be it resolved the Board of Trustees hereby authorizes a 2% salary increase to the following employees, Anthony Giaccio, Sara DiGiacomo, Paula McCarthy, Mary Gerlanc, Christopher Scelza, Arlene Morel, Clara Zamora, Allyson DePaolo, Teresa Perret, Cindy Valentine and Joe Paiva, effective June 1st 2011. Move: trustee Wompa Seconded: Trustee Schroedel Vote: 6-0 � 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-2011 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_2011-09-13_RES-09-103-B Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/95fada6f659b73b680d372ca776113f1.pdf 4f5222558cc9198d1aa7a916fa81600d PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, September 13, 2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela Bruce Campbell Evelyn Stupel Barbara Carr Karin Wompa David Schroedel Also Present: Trustees Anthony P. Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Architect Greg Camp, Police Chief John Korzelius, Fire Chief At 7:05 p.m. the Mayor called the meeting to order with a pledge to the flag. Approval of Warrants: Trustee Carr moved, seconded by Trustee Schroedel to approve warrant 11SEP13 in the amount of $220,830.23. Motion carried 6-0. Mayor's Announcements Mayor Wray stated that the Swim-a-thon and Street Fair were great successes. Mayor Wray congratulated Brian Anzovino on the birth of his son. A resolution approving the sale of an old police car to the City of Owego, New York was added to the agenda. Fire Chief Announcement Fire Chief John Korzelius reported on a food and clothing drive being done by the Fire Department to aid victims of Hurricane Irene. All donations were sent to the Town of Prattsville, New York, which suffered extensive damage due to the storm. Supplies were delivered on September 11. Mayor Wray noted that it was fitting that firemen were again helping those in need on tenth anniversary of 9/11. Mayor Wray thanked the members of the Fire Department for their efforts. The Fire Department will continue to accept donations of food and supplies, but no longer will be accepting clothes. Public Comments: Joe Foley of 126 Valley Street asked about a water leak on Valley Street that has been going on for several months. Rich Gross informed the Board that the water is coming out of a Con Edison manhole. Con Edison has been uncooperative in helping to solve the problem. Mr. Gross will try and address the problem by redirecting water coming from the top of Valley Street. �Water Restrictions: Rich Gross reported that there is currently a water conservation advisory due to the shutting down of the Catskill Aqueduct. Mr. Gross said that the aqueduct should be up and running by midnight, but the water restrictions will still remain until the next day. Trustee Reports: Trustee Schroedel informed the Board that the Finance Committee unanimously recommends approving the bond resolution. Trustee Schroedel reported that the Public Safety Committee has been meeting with the captain of the ambulance corps, police chief and fire chief, to discuss issues related to the ambulance corps. There will be a re-application process to determine who will remain in the ambulance corps. Despite the changes, there has been no interruption of service. Trustee Schroedel announced that no incidents were reported during the Swim-a-thon and Street Fair. Trustee Campbell reported that the Halloween Committee is soliciting sponsors for the Haunted Hayride. Trustee Campbell reported that the Community Relations Committee has been meeting with Tarrytown in an effort to create a joint public access television station. RFP's from production companies have been received and the Committee would like to make a presentation at the next work session. Trustee Capossela gave a DPW report. Mums are being planted along Beekman Avenue islands. Paving will begin within a couple of weeks and all catch basins have been cleaned of debris. Trustee Wompa announced that petitions to save the Sleepy Hollow Post Office have been circulated around town. Many signatures have already been received. Trustee Stupel reported that the Court convened on July 28 for the purpose of processing building code violations. The Court has experienced an increase in cases related to building code violations and fines. The next Court date is September 23. Administrator Report: Mr. Giaccio reported that the success of the Swim-a-Thon and Street Fair can be attributed in part to extensive preparation done by the department heads and volunteers groups. Mr. Giaccio will be attending a seminar on the tax cap along with the Treasurer. Mr. Giaccio encouraged local businesses to sponsor the Haunted Hayride. Mr. Giaccio reminded the residents that the recent water issues are the result of actions taken by New York City. Trustee Schroedel would like to make a presentation on the water system at a future work session. Resolutions: - S e e attached �New Business Trustee Capossela commented that he had noticed many broken parking meters around the Village. Chief Camp informed the Board that the meters will be repaired. Discussion ensued. Trustee Carr mentioned that, due to the damage caused by Hurricane Irene, residents of Greene County, New York are in need a donations of large appliances. Trustee Carr said that she ate at the new Brazilian Restaurant Palmas and the food was great. Trustee Stupel mentioned that she believes the Street Fair was one of the best ever. Public Comments: Joe Foley of 126 Valley Street complained about the amount of litter that is on Cortlandt and Beekman Avenue. Discussion ensued. On motion by Trustee Carr, Seconded by Trustee Wompa the meeting was adjourned at 8:30 p.m. Respectfully submitted, Anthony Giaccio Village Administrator � 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-2011 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_2011-09-13 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/1bd7fb01e115f6b1744f7113fe1c4c5c.pdf 96c2f94977c49fc99ed5ec7d080bfa1e PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, September 6, 2011 at the James Galgano Building, 55 Elm Street, Sleepy Hollow, N e w York. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. W o m p a Bruce R. Campbell Barbara J. Carr David L. Schroedel Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Attorney Greg Camp, Police Chief Sean McCarthy, Village Architect John Korzelius, Fire Chief Mayor Wray called the work session to order at 7:00 p.m. M A Y O R ' S C O M M E N T S - Mayor Wray announced that there will be a 9/11 memorial ceremony at Patriots Park at 9:00am. Public Comments will be permitted during the work session. FIRE C H I E F A N N O U N C E M E N T - Fire Chief John Korzelius reported that the Fire Department is organizing a food and clothing drive to aid victims of Hurricane Irene. The Fire Department will be collecting these items at the Street Fair. All donations will be sent to the Town of Prattsville, N e w York, which suffered extensive damage due to the storm. H I S T O R I C H U D S O N V A L L E Y E V E N T - Thom Thacker of Historic Hudson Valley gave an over view of the Horseman's Hollow events being planned at Philipsburg Manor. The event will be held on more nights this year. The show location has been moved to minimize the impact on the neighborhood. Sound effects and music will be directed away from the residential area. G R A N T S - Grant Writer, Fiona Hodgson updated the Board on several grant applications. The grant contract for the Lighthouse needs to be amended. The Board needs to authorize Ms. Hodgson to apply for F E M A grants. A resolution is required for a COPS grant. �C A S H RECEIPTS - Sara DiGiacomo started the discussion on whether or not the Village should accept cash. Ms. DiGiacomo recommended that anything over $200 should be paid either by check or money order. Not everyone on the Board agreed. Trustees Capossela, Schroedel and Campbell all felt that cash should be accepted. Trustee W o m p a and Stupel said that the Village should go with Ms. DiGiacomo's recommendation. Discussion ensued. K E N D A L L A V E N U E S I D E W A L K S - Mr. Giaccio updated the Board on the Kendall Avenue Sidewalk project. The project should begin within a couple of weeks. There was a question from a resident asking h o w the Duracell issue would affect this project. Discussion ensued. C O D E R E V I S I O N S - Village Attorney, Janet Gandolfo updated the Board on the code revision project. Department heads are meeting with Ms. Gandolfo to bring the Village code up to date. Many local laws are outdated and obsolete. The Village Board will have to vote on any changes made to the code. When completed, this project will enable residents to access the code on-line. See attached report. B L O C K P A R T Y - The Board discussed a request made by Lisa Beusse to have a block party on Harwood Avenue on September 18 from 5:00 to 9:00pm. D U R A C E L L U P D A T E - Sean McCarthy updated the Board on the Duracell clean-up project. A E C O M , which is the company hired by Proctor and Gamble to test and remediate the site, has received approvals from the Village Board and Planning Board for use of the Elm Street parking lot and 30 Andrews Lane. Test results have not yet been provided by the D.E.C. Several residents are angry over the delays. Discussion ensued. G E N E R A L M O T O R S U P D A T E - Mayor Wray gave a report on General Motors. The Village Board approved a special permit to redevelop the site on June 7. General Motors sent out R F P ' s to potential developers, which were due back by September 2. General Motors has indicated that they would like to sell the property by February, 2012. PUBLIC COMMENTS Mario Belanich asked about the ambulance corps. Mayor Wray responded. Josephine Galgano also asked about the ambulance corps. Roberta See complained about problems at Barnhart Park. Chief Camp will set up a meeting with residents to discuss. Irene Amato complained about the movie shoot that was held on Friday. �At 9:20 p.m., on a motion made by Trustee Carr and seconded by Trustee Schroedel and carried unanimously the Board moved into Special Session. R E S O L U T I O N S - See Attached E X E C U T I V E SESSION At 9:37 p.m., on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously the Board moved to Executive Session to discuss legal matters. At 9:54 p.m., on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously the Board moved out of executive session. Motion was made Trustee Schroedel and seconded by Trustee Capossela to approve a resolution authorizing spending an additional $5,000 on STV Traffic Consulting for work related to the Tarrytown Litigation. Motion passed 5-0. Trustee Campbell did not vote At 9:58 p.m., on a motion made by Trustee Schroedel and seconded by Trustee Carr and carried unanimously the meeting was adjourned. Respectfully submitted, A n t h o n y t j M c c i o , Village Administrator �Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Change Orders for the Shaft Nine Pump Station Project WHEREAS, the Village of Sleepy Hollow entered into a contract with Cassidy Excavating of Valhalla, NY for the Shaft Nine Pump Station sire work; and WHEREAS, due to unexpected circumstances outlined in the attached memo, additional work was necessary to complete the project; and WHEREAS, the Village Engineer has reviewed the Change Orders and is recommended payment for the additional work; and WHEREAS, funding for said project is being paid through the Village's capital budget. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees herein accepts the Change Orders for the Shaft Nine Pump Station project at a total amount of $10, 588.30 Moved: Trustee Wompa Seconded: Deputy Mayor Capossela Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving removal of Tree Lot WHEREAS, the tree located in front of 128 Cortlandt Street has proven to be a concern for public safety; and WHEREAS, the Chief of Police supports the removal of said tree for public safety reasons; NOW, THEREFORE the Board of Trustee hereby authorizes the removal of the tree lot at 128 Cortlandt Street. Moved: Deputy Mayor Capossela Trustees Campbell and Carr voted: No Seconded: Trustee Schroedel Vote: 4-2 �Resolution of the Board of Trustees Authorizing Block Party Be It Resolved the Board of Trustees hereby authorizes the Harwood Avenue block party on September 18, 2011 from 5:00 pm to 9:00 pm ; and Be It Further Resolved the Board of Trustees directs the Chief of Police to coordinate the public safety issues with the applicants for the block party. Moved: Trustee Stupe! Seconded: Trustee Campbell Vote: 6-0 �Meeting Date: 09/06/2011 Resolution#: 09/102/2011 Whereas, the Village of Sleepy Hollow has retained the services of STY Consultants to review the traffic impacts of Lighthouse Landing for the defense of the legal proceedings commenced by Tarrytown; and Whereas, the Board of Trustees has previously approved the sum of $5,000 for said services; and Whereas, STV consultants has requested an additional approval for $5,000 and it being determined by special counsel that said authorization is necessary; Now, therefore, be it resolved the Board of Trustees authorizes an additional $5,000 be allocated for the services of STV consultants. Moved: Trustee Schroedel Trustee Campbell Voted: No Seconded: Deputy Mayor Capossela Vote: 5-1 � 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-2011 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_2011-09-06_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/d8f1e47801397575f4449bcf93fc5a85.pdf a2eee67935c65f258cc16d4c07cc7d69 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, August 30, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbell Karin Wompa Evelyn Stupel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Richard Gross, Village General Foreman Gregory Camp, Police Chief John Korzelius, Fire Chief At 7:05 p.m. the Mayor called the meeting to order with a pledge to the flag and a moment of silence for Samuel Long, a lifelong resident of Sleepy Hollow, and Frank Rizzi, a lifelong resident of Sleepy Hollow and very active in the Fire Department and local politics. Approval of Warrants: Trustee Carr moved, seconded by Trustee Schroedel to approve the warrant of $581,359,49. It was unanimous. Approval of Minutes: Trustee Carr moved, seconded by Trustee Schroedel to approve the Minutes of 6/14/2011, 8/2/2011, 8/9/2011. It was unanimous. Mayor announcements: Mayor Wray stated he is very pleased that the Village staff and volunteers did a stellar job preparing in advance and taking care of problems as they arose during Hurricane Irene. Mayor also stated that there are still some homes without power in the Village and all are frustrated with Con Ed, but there were no fatalities and no tragedies during this storm. Fire Chief Korzelius addressed the Mayor and the Board of Trustees stating that the Department prepared ahead for the storm by checking all equipments and placing volunteers on standby. The Department responded to numerous calls for assistance with flooded basements. Chief Korzelius expressed concern about people walking along the waterfront, despite warnings that the storm surges could make the riverfront dangerous. He thanked everyone, other departments and Village Officials for their help and support, and strongly advised the public to stay away from the waterfront during storms. �Richard Gross, General Foreman, addressed the Mayor and the Board of Trustees, he was pleased with the weather warnings, which gave the Department ample time to prepare. In addition to several repairs needed to sink holes and storm drains, he stated that there were 8 large trees that came down and numerous others were damaged. He stated that despite power outages, which were mostly restored by Wednesday evening, there was minimal damage in the Village. He also stated that leafs left on the road end up in the storm drains which cause back up and flooding. He thanked the residents for staying off the roads, which makes everyone's job safer and easier. Mayor Wray stated that the Village was alerted ahead of time by the DEC that there may be no water. Mr. Gross stated that the Town of Greenburg gave the Village several million gallons of water. Police Chief Camp addressed the Mayor and the Board and thanked all the Departments for working together effectively. He stated the pre planning was essential. He also warned the public that the storm surges can be a dangerous situation, and that is why the parks had to be closed. Discussion ensued. Mayor announcements: Mayor Wray stated that at this time cablevision customers had no sound on their local TV Village channel but that it would broadcast again with sound. Mayor announced that the Ambulance Corp is now housed at 28 Beekman Avenue for several reasons. He stated the ambulance headquarters building is in need of repairs and the Village does not have the resources to rebuild it. Mayor explained that Fire Patrol moved to the Fire House on Lawrence Avenue to make room for the two ambulances. In addition it is more convenient for the members to respond. The Department of Health met with Mayor and the Acting Captain of the ambulance corps, and was in accordance with this move. Mayor stated that the Village Code is being revised and needs to be reviewed by the Board. All records for the past nine years have to be checked. It is expected to be adopted by the end of November. Public Comments: Mayor opened the meeting to the public at this time and evoked the 5 minute rule. Charblie Curi of North Broadway addressed the Mayor and the Board of Trustees and asked if the Village rules apply to his sister. He also mentioned that he is relocating far away. �Trustee Reports: Trustee Schroedel - reported that our staff and volunteers did an outstanding job during the Hurricane. He reported that in the month of August the ambulance corps responded to 54 out of 56 medical calls. Trustee Schroedel stated that Shelley Florence Glover, acting ambulance corps captain has asked to be able to implement disciplinary action as needed in the department. Trustee Carr - nothing to report Trustee Campbell - reported that the next Work Session will be at the James Galgano Senior Center and invited the public to come and speak. The communications committee will be meeting tomorrow with the Village of Tarrytown. The Horan's Friends movie night had a turnout of approximately 80 people. Deputy Mayor Capossela - reported that there will be no trash collection on Monday, Labor Day. Ball fields at DeVries Park and Quattro will be closed until further notice due to flooding. Trustee Womoa - nothing to report Trustee Stupel- nothing to report Administrator's Report: (see attached) Resolutions: (see attached) Old Business: Trustee Wompa stated that she has been working together with resident, John Edwards, to start petitions to save the local post office from closing. Signatures will be sent to government officials. New Business: Trustee Stupel raised the issue of the finance department accepting cash for tax and water payments. Discussion ensued. Mayor asked that the discussion regarding the acceptance of cash be discussed at the next work session. �Public Comments: Mayor opened the meeting to the public at this time and evoked the 5 minute rule. Jack Gasko of Webber Avenue addressed the Mayor and the Board of Trustees and stated that a lot of people in the community have to scramble at the last minute to pay their taxes and to restrict that (taking cash) would be a disservice. There were no further comments at this time. At 8:11 pm on motion by Trustee Carr, seconded by Trustee Schroedel the meeting was adjourned. Respectfully submitted, 'aula A. McCarthy Village Clerk � 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-2011 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_2011-08-30 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/8e88420cb174bb9ef6ef0de0f1a3d6eb.pdf c083840218e3503c3da822b5d1852815 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, August 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbell Karin Wompa Absent: Evelyn Stupel, Trustee Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Sean E. McCarthy, Village Building Inspector Gregory Camp, Police Chief At 7:09 p.m. the Mayor called the meeting to order with a pledge to the flag and a moment of silence for John Monroe, Anna Maceyak and Brian McCarthy. Chief John Korzelius, Second Assistant Chief Haggerty and five members of the Junior Corps, stood in front of the Mayor and the Board of Trustees, for an honoring presentation by the Chief. The Junior Corps recently received high honors in the Ossining Firemen's parade. Chief Korzelius stated that the Junior Corps members were excelling in firefighter training, some members have taken firefighter course 1 and 2 which is training beyond what many others have. He also stated that these Junior Corps members are the future of the Department, and he has never seen kids at this age taking such initiative. Approval of Warrants: Trustee Campbell moved, seconded by Deputy Mayor Capossela to approve the warrant for $234,396.85. It was unanimous. Mayor announcements: Mayor Wray noted that there will not be a Sleepy Hollow Board of Trustees meeting or work session for the next two weeks. The next regular meeting will be on August 2011. Mayor Wray stated he received correspondence from a resident regarding the library, which he'd like to publicly address. He stated that his support for the Library has been strong and consistent, and that he was neither contacted nor interviewed for the recent River Journal newspaper article. �Mayor also stated that the current Board has been steadfast in continuing the support of the library and that a new contract have to be renewed in 2014, although the terms may change. This year Sleepy Hollow increased its contribution from $599,000.00 to $675,000.00 which is 47% of the library budget. Mayor also pointed out that there is an agreement that includes a provision stating that if Tarrytown and Sleepy Hollow can't agree on a budget, the library's budget is automatically renewed at the current years' level, plus an upward adjustment based on the increase in the Consumer Price Index. Mayor felt it was prudent and honest to discuss this reality with members of the Library Board at their regular meetings. It is now the time for the library to plan an effective strategy for the future, which they have already begun. Public Comments: Angelo Guzzo of Fleetwood Pizzeria in Sleepy Hollow, addressed the Mayor and the Board of Trustees and asked if there's an ordinance to sell the same product within 200 feet of the same establishment. He stated that the Huddle is serving pizza which is only 175 feet away from Hollywood Pizzeria. Village Attorney, Janet Gandolfo, stated that she would look into this but that the Huddle had been given its approvals a while back. Mario Belanich of North Washington Street addressed the Mayor and the Board of Trustees and stated that he supports the international parades in the Village and suggested that they display the American flag this year, such as the Ecuadorian parade coming up in a few weeks. He also suggested that the Library should count the people that hold Library cards to determine the percentage fund in each Village. Mayor Wray stated that there is an agreement in place with the Library. Mr. Belanich also stated that the Village shouldn't waste their time with the possible closing of the local post office since the government controls it. Mr, Belancih asked if the $10,000.00 for the after school program was unaccounted for. Or was it an error. Mayor stated that the Village collected $31,000 last year from the program. Discussion ensued. Jack Gasko of Webber Avenue, addressed the Mayor and the Board of Trustees and stated that he was disappointed that the Village was considering cutting the after-school program. He stated that New York State used to be much better economically and the Village should support child care in order for the parents to hold down jobs. Mark Fisher of 124 Valley Street addressed the Mayor and the Board and asked about the recent imposed 2% tax levy and asked if the Board was going to challenge the State's ability to enact this cap. Village attorney, Janet Gandolfo responded that if the Village moved forward with a lawsuit it was unlikely to succeed. Discussion ensued. �Mario Belanich, of North Washington St. addressed the Mayor and the Board of Trustees again and said some people don't understand where he stands regarding the after school progrann. He said he is against paying for it, but he is not against it. Jack Gasko of Webber Avenue addressed the Mayor and the Board of Trustees again, and stated that the Village shouldn't nickel and dime the kids, which are the ones that always get hurt. He stated that the Village had purchased a fire truck for $600,000.00 Trustee Reports: Trustee Schroedel: Reported that the Village successfully processed its bond, and consolidated into a long-term bond offering. The rate is 3.372 percent, one point lower than seven months ago. Trustee Carr: Reported meeting with the Senior Committee to discuss some pending issues such as; erratic air conditioning, the need for a walkway, animals in the garbage dumpster, a telephone line and dish washing machine. Trustee Carr also reported that computers classes are now available and a book case will be purchased for the Center. Trustee Campbell: Reported that there will be a movie night at Horan's landing on Saturday, August 2011, rain date is August 17^ 2011. Trustee Campbell reported that the Village sent out a request for proposals to build a new community television station for Tarrytown and Sleepy Hollow. Trustee Campbell also reported that Halloween plans are progressing; and the following websites will have more information, visitsleepyhollow.com and destinationsleepyhollow.com Deputy Mayor Capossela: Reported that the Village is continuing to work on tree wells on the lower Villages, and a new handicapped ramp at the Senior Center is being worked on. He reported that the Department of Public Works purchased a new sweeper. Garbage pickup will be on September 7'^ after Labor Day, for all routes in the Village. Trustee Wompa: Reported that a draft petition was being worked on for the keeping of the local post office. Administrator's Report: Village Administrator, Anthony Giaccio, reported that Village Hall will be closed on Friday August 12 and August 19, 2011 for record managements. The Street Fair and Swim for Life will take place on Saturday, September 10'^ from 10:00am until 5:00pm. Resolutions: (see attached) �New Business: Ken Gentile, Executive Director of the North Tarrytown Housing Authority, addressed the Mayor and the Board of Trustees and stated that the Housing Authority is seeking a Community Development Block Grant from Westchester County for 124 Valley Street in Sleepy Hollow. Mr. Gentile explained that the grant, if approved, would go towards a new boiler system, a new geothermal system and a new roof. Mayor announcements; Mayor stated that the New York Power Authority has been overcharging the Village for electricity; therefore the Village will receive a refund for $8, 490.00. Trustee Carr stated she received correspondence from a resident about the water supply and encouraged everyone to sign up for email emergencies and other alerts, through the Village's website. Public Comments: Jack Gasko of Webber Avenue addressed the Mayor and the Board again, and asked if the Village can do better with the Bonds rate. Village Treasurer, Sara DiGiacomo, explained that the bond was evaluated by the Village's financial advisers and it has been processed. At 8:10 pm on motion by Trustee Wompa, seconded by Trustee Carr the meeting was adjourned. Respectfully submitted, ^ P a u l a A. McCarthy Village Clerk / � 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-2011 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_2011-08-09 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/b1d0efd9f0c505312ce55d20d08346ed.pdf 910722094be6715e1408413235cb45f8 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, August 2, 2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. Wompa Bruce R. Campbell Barbara J. CanDavid L. Schroedel Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Sara DiGiaeomo, Village Treasurer Janet Gandolfo, Village Attorney Rich Gross, General Foreman Greg Camp, Police Chief Robin Pell, Recreation Supervisor Mayor Wray called the work session to order at 7:00 p.m. ENGINE 87 REPLACEMENT - Fire Chief John Korzelius made a presentation as to why the fire department needs a new apparatus. The estimated cost of the vehicle is $625,000. Discussion ensued. Mayor Wray recommended that a consultant be hired to help create bid specifications. The Board requested more information before a decision can be made. FIRE DEPARTMENT OPEN HOUSE DAY - A request was made by Fire Chief John Korzelius to hold have a Fire Department Open House Day in front of Village Hall for the purpose of promoting the Fire Department. Several activities and demonstrations will be planned and a portion of Beekman Avenue will need to be closed. The event is scheduled for October 9, 2011. Mayor Wray requested that a resolution be prepared for the next meeting. SURPLUS VEHICLES - Rich Gross explained why he is recommending the sale of various surplus vehicles. The vehicles have out lived their usefulness to the Village. The vehicles will be put out to bid. Mayor Wray requested that a resolution be prepared for the next meeting. �ECUADORIAN CULTURAL PARADE - The Village Board reviewed a request made by the Manuel Crespo of Sleepy Hollow, NY to hold an annual Ecuadorian Religious Procession on Saturday, September 4th, 2011 from 12:00 p.m. to 1:00 pm. Discussion ensued. Mayor Wray requested that a resolution be prepared for the next meeting. STOP DWI IMA WITH WESTCHESTER COUNTY - Chief Camp gave a report on Westchester County's Stop DWI Program. The County sent Chief Camp a draft inter-municipal renewal agreement. The agreement would entitle the Village to reimbursement from the County in exchange for DWI enforcement. This is a 5 year agreement and is up for renewal this year. Mayor Wray requested that a resolution be prepared for the next meeting. CASH MANAGEMENT - The Board discussed ways in which the Village can improve the method in which it manages cash receipts. Sara DiGiacomo described the current procedures and explained that there are problems with transactions between departments. Ms. DiGiacomo will work to establish new policies and procedures that the Board will need to approve. There was a discussion about whether or not cash should be accepted. SPECIAL SESSION At 8:17 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved into Special Session. RESOLUTIONS ^ See Attached EXECUTIVE SESSION At 8:25 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved to Executive Session to discuss legal and personnel matters. At 8:52 p.m., on a motion made by Trustee Stupel and seconded by Trustee Campbell and carried unanimously the Board moved out of executive session. At 8:53 p.m., on a motion made by Trustee Stupel and seconded by Trustee Campbell and earned unanimously the meeting was adjourned. RespectfulK submitte(|, ' I' ' I. iiAnthony Gi^cqio, Village Administrator �Resolution of the Board of Trustees of the Village of Sleepy Hollow in Support of Maintaining Services at Sleepy Hollow Post Office WHEREAS, the United States Postal Service has announced the undertaking of a study to determine whether various post office locations throughout Westchester County will be designated for closure at an unspecified time in the future; and WHEREAS, the Sleepy Hollow post office is on the list of locations to be included in the study; and WHEREAS, The Board of Trustees recognized the contribution a post office provides to the economic stability, positive growth and the increase of mail service requirements of a growing community; and WHEREAS, the Village of Sleepy Hollow is desirous of making a formal protest against any action which would force the closing of its post office, including cutting back hours of operation and/or cutting other services currently provided; and WHEREAS, the Board of Trustees wishes to make a formidable protest to the federal government regarding this issue and believes it would be beneficial to encourage the entire community to support its efforts; NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees authorizes the Mayor to file a formal protest with the United States Postal Commission and to forward a copy of the protest to our representatives in Washington, D.C. and the House of Representatives Sub-Committee studying this issue, if any, and all other appropriate parties; and BE IT FURTHER RESOLVED, the Board of Trustees hereby forms an ^cy/^occommittee to perform the following functions: a) Commence a petition drive to protest any action which would move the federal government toward the goal of closing the Sleepy Hollow Post Office; b) Organize and compile a study to be submitted to the Postal Service in support of the petition; c) Organize lobbying efforts in support of the protest; d) Report its progress on a regular basis to the Mayor and Board of Trustees; e) Take any other action as may be appropriate and legal. Moved: Trustee Wompa Seconded: Trustee Campbell Vote: 7 - 0 .tf^mlm^Kied Owk, do hereby a r t # that ttw foregoing is a t n « c ^ of an extract duly adopt«J bytt»eBoard of T n i ^ ^ of tt« Village of SIppy Hollow, on the J . A J, day of t ' •» ^ 20 11 and of the whole thereof, andl furtlfc-"certify that the same was entered into the minutes of the meeting of said Board of Tmstees held oo said date. IN wnHEffi VWEREOF, I havetereonto m my hand ar,.i offldal ^ i ms^^i^Om of . 20 i i . �Resolution of the Board of Trustees of the Village of Sleepy Hollow in Support of Maintaining Services at Sleepy Hollow Post Office WHEREAS, the United States Postal Service has announced the undertaking of a study to determine whether various post office locations throughout Westchester County will be designated for closure at an unspecified time in the future; and WHEREAS, the Sleepy Hollow post office is on the list of locations to be included in the study; and WHEREAS, The Board of Trustees recognized the contribution a post office provides to the economic stability, positive growth and the increase of mail service requirements of a growing community; and WHEREAS, the Village of Sleepy Hollow is desirous of making a formal protest against any action which would force the closing of its post office, including cutting back hours of operation and/or cutting other services currently provided; and WHEREAS, the Board of Trustees wishes to make a formidable protest to the federal government regarding this issue and believes it would be beneficial to encourage the entire community to support its efforts; NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees authorizes the Mayor to file a formal protest with the United States Postal Commission and to forward a copy of the protest to our representatives in Washington, D.C. and the House of Representatives Sub-Committee studying this issue, if any, and all other appropriate parties; and BE IT FURTHER RESOLVED, the Board of Trustees hereby forms an ad hoc comm^tee to perform the following functions: a) Commence a petition drive to protest any action which would move the federal government toward the goal of closing the Sleepy Hollow Post Office; b) Organize and compile a study to be submitted to the Postal Service in support of the petition; c) Organize lobbying efforts in support of the protest; d) Report its progress on a regular basis to the Mayor and Board of Trustees; e) Take any other action as may be appropriate and legal. Moved: Trustee Wompa Seconded: Trustee Campbell Vote: 7 - 0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow to Amend the Water Consumption Rates for the Billing Cycle to commence August 1, 2011 BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow confirms that an amendment to the rates per cubic feet for water usage commencing August 1, 2011 shall be as follows: Cubic Feet Per Thousand Cubic Feet 0-500 501-3,000 3,001-6,000 6,001-12,000 12,001 and over $26.00 $47.50 $59.00 $76.00 $127.00 Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 7-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Setting Fees for After School Program BE IT RESOLVED that the Mayor and Board of Trustees hereby set the fees for the after school program at $190 a month for Sleepy Hollow residents and $275 a month for Tarrytown residents; and BE IT FURTHER RESOLVED that there will be a $50 per month discount for siblings. Moved: Trustee Campbell Seconded: Trustee Capossela Vote: 6-1 Trustees Carr, Campbell, Capossela, Wompa, Stupel and mayor Wray voted: Yes Trustee Schroedel voted: No �Meeting Date: 08/02/2011 Resolution#: 08/89/2011 Resolution of the Board of Trustees to Hold Work Sessions in Alternate Venues Whereas, the Board of Trustees is desirous of hearing from members of the community on a range of issues facing the village, and Whereas, it has found that a good way to do this is to hold Board Meetings directly in village neighborhoods, Be It Resolved that he Board of Trustees shall hold the following work sessions at 7:00 p.m. at the designated places: First Work Session in September - The James Galgano Senior Center Second Work Session in October - The Writers Center at the Philipse Manor Station First Work Session in December - The Rock of Salvation Church Second Work Session in January - Kendal on Hudson Be It Further Resolved that for these meetings the Board change its rule and invite public comment. Move: Trustee Campbell Seconded: Trustee Carr Vote: 6-0 � 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-2011 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_2011-08-02_WS_RES-86-89 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/3f6d6a4782808eaf8d30010b856a4312.pdf 93e539e06b08474e038771a9317d4ef0 PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Work Session on Tuesday, August 2, 2011 in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Thomas Capossela Karin T. Wompa Bruce R. Campbell Barbara J. Carr David L. Schroedel Evelyn R. Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Sara DiGiacomo, Village Treasurer Janet Gandolfo, Village Attorney Rich Gross, General Foreman Greg Camp, Police Chief Robin Pell, Recreation Supervisor Mayor Wray called the work session to order at 7:00 p.m. ENGINE 87 REPLACEMENT - Fire Chief John Korzelius made a presentation as to why the fire department needs a new apparatus. The estimated cost of the vehicle is $625,000. Discussion ensued. Mayor Wray recommended that a consultant be hired to help create bid specifications. The Board requested more information before a decision can be made. FIRE DEPARTMENT OPEN HOUSE DAY - A request was made by Fire Chief John Korzelius to hold have a Fire Department Open House Day in front of Village Hall for the purpose of promoting the Fire Department. Several activities and demonstrations will be planned and a portion of Beekman Avenue will need to be closed. The event is scheduled for October 9, 2011. Mayor Wray requested that a resolution be prepared for the next meeting. SURPLUS VEHICLES - Rich Gross explained why he is recommending the sale of various surplus vehicles. The vehicles have out lived their usefulness to the Village. The vehicles will be put out to bid. Mayor Wray requested that a resolution be prepared for the next meeting. �ECUADORIAN CULTURAL PARADE - The Village Board reviewed a request made by the Manuel Crespo of Sleepy Hollow, NY to hold an annual Ecuadorian Religious Procession on Saturday, September 4th, 2011 from 12:00 p.m. to 1:00 pm. Discussion ensued. Mayor Wray requested that a resolution be prepared for the next meeting. STOP DWI IMA WITH WESTCHESTER COUNTY - Chief Camp gave a report on Westchester County's Stop DWI Program. The County sent Chief Camp a draft inter-municipal renewal agreement. The agreement would entitle the Village to reimbursement from the County in exchange for DWI enforcement. This is a 5 year agreement and is up for renewal this year. Mayor Wray requested that a resolution be prepared for the next meeting. CASH MANAGEMENT - The Board discussed ways in which the Village can improve the method in which it manages cash receipts. Sara DiGiacomo described the cun*ent procedures and explained that there are problems with transactions between departments. Ms. DiGiacomo will work to establish new policies and procedures that the Board will need to approve. There was a discussion about whether or not cash should be accepted. SPECIAL SESSION At 8:17 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved into Special Session. RESOLUTIONS - See Attached EXECUTIVE SESSION At 8:25 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously the Board moved to Executive Session to discuss legal and personnel matters. At 8:52 p.m., on a motion made by Trustee Stupel and seconded by Trustee Campbell and carried unanimously the Board moved out of executive session. At 8:53 p.m., on a motion made by Trustee Stupel and seconded by Trustee Campbell and earned unanimously the meeting was adjourned. Respectfully submittecj. •. • ' tM If I M \ Anthony Glac^io, Village Administrator � 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-2011 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_2011-08-02_WS Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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/46e1c89152f93cc8a21482c3860a07f8.pdf fe21fcabe8a966f4ae3d86702fbdd19b PDF Text Text Meeting Date: Resolution: 07/26/2011 07/83/2011 the Mayor and Board of Trustees held a public hearing on July 2011 to and consider comments regarding the installation of handicapped parking at the following locations: 152 Cortlandt Street; 160 Beekman Avenue and 167 Beekman Avenue; and the Mayor and Board of Trustees believe it would be in the best interests of the residents of Sleepy Hollow to make available more spaces for handicapped parking and aforementioned locations have been recommended by the Chief of Police; t, vnt.siiuic, be it resolwed that the Department of Public Works and the Police Department are directed to install 3 handicapped parking spaces at the aforementioned locations. Moved: Trustee Campbell Seconded: Trustee Carr Vote: 6-0 �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Apprewing the Actions of the Fire Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the actions of the Fire Chief in electing Bernardo Rodriguez to the Firefighter Trainee Program and Shelly Gfover to active membership in Fire Patrol Co. No. 1. BE IT FURTHER RESOL¥ED that the Board of Trustees directs the Village Clerk to notify the Fire Chief in writing of this resolution. Moved: Trustee Schroedel Second: Trustee Campbell Vote: 6-0 �Resolytion of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Actions of the Ambulance Acting Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the actions of the Acting Ambulance Chief in electing Kevin Castro of Ossining as a new member, and Geraldine Dana Guzzo, Antonella Tuccilo and Jordan Graham to active EMT's, and Masato Tosaka to driver. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Ambulance Acting Chief in writing of this resolution. Moved: Trustee Wompa Second: Trustee Stupel Vote: 6-0 � 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-2011 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_2011-07-26_RES-07-83 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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