https://sleepyhollow.localarchives.org/files/original/1d8ba0d25f724189c7abbf1ad15c45c7.pdf 0e14604cfb90e2c90c6bfb79011937d0 PDF Text Text A regular meeting of the Board of Trustees was held on Tuesday, July 26,2005 at 8:00 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota Thomas Capossela Andrew Murray Richard Zieja Kay Brown Grala Trustees Also Present: Dwight Douglas, Village Administrator Robert Ponzini, Village Attorney Absent: Robyn DeCarlo, Village Treasurer Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. He asked that everyone remain standing for a moment of silence for Joseph Lofaro, a retired Police Officer, Mattie Blalock and Veronica Fitzpatrick, two Sleepy Hollow residents who passed away recently. Approval of Warrant Trustee Spota moved, seconded by Trustee Capossela to approve the warrant of July 26,2005 subject to review, approval and signatures of Mayor and Village Treasurer, motion carried unanimously. Total of the General fund is $122,686.47 the Water fund total is 523,279.53, total of the Capital fund is $7,235.97 .Parking Authority total is $2,078.81 and total of Sanitation is $13,45135. Approval of Minutes Trustee DiFelice moved, seconded by Trustee Spota to approve the minutes of June 21,2005, motion carried unanimously. Mayor's Announcements The Mayor was in receipt of correspondence from the Ecudorian Cultural Group requesting permission to hold an event at Barnhart Park. Will discuss with the board. He received a turn-off notice from Con Ed for 86 Beekman Avenne and 159 Depeyster Street. He was in receipt of correspondence regarding the heights of the new buildings at Ichabods Landing. Public Comments Mario Belanich asked if the parking fine schedule will be passed tonight and had a few questions on i t He also asked if anyone conld bid on the paper street �Robert Ponzini, Village Attorney commented that a paper street is an un-buildable piece of property but a road can be constructed on that piece of property. Chick Galella asked if any resolution was passed regarding the two K-9 dogs and was still waiting for the cost of overtime so far in the Police Department for the K-9 units. The Mayor commented he would look into it and the Treasurer will get you the overtime figures. Mr. Galella again asked about having four trustees instead of six and hiring a Village Manager instead of an Administrator. The Mayor said the board will discuss it. Trustee Reports Trustee DiFelice read the attached Public Works report. Trustee Spota reported that on July 7th he and the Mayor and Sean McCarthy met with representatives of DOT to go over the work that needs to be done along route 9. Trustee Capossela read the attached Administrative report He commented that he felt it would be a good idea if we listed in the newspaper all the meetings that are held each month. Trustee Grala reported on several recreation programs. She reported that the Ferry Go Round will take place on August 6th from 12noon-8pm. She reported on several camp activities. The Library Board is discussing several capital improvements for the library. Trustee Zieja commented that he spent some time at the camp with Robin PeU. Trustee Murray had no report. Administrators Report Dwight Douglas reported that Phelps Memorial has closed on their IDA. We have signed a water agreement with the Village of Briarcliff. The senior van is almost ready for us to pick up. Mayor's Report Mayor Zegarelli commented that oar Village Treasurer has resigned effective September 5th. He met with representatives of DOT regarding the drainage problems on route 9. �<%\8 I We have received a $20,000. grant for Kingsland Point bath house repairs. The Mayor commented that we have received notice from New York City that our water rates have been increased by 5% effective July lrt. Old Business-None New Business-None Communications. Petitions & Requests Village Clerk read correspondence from La Esquina Latina located at 179 Beekman Avenue, Sleepy Hollow informing the village of their intent to renew their liquor license. (Copy to Police Chief) Public Comments Mario Belanich commented that we should consider having village elections in November which would save money. I There being no further business, Trustee DiFelice moved, seconded by Trustee Murray to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett Village Clerk I v 3 �%\°i I Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Proposal AARCO Environmental Services Corp. Dnracell Site Soil Remediation Whereas, in response to Request for Proposals the firm of AARCO Environmental Services Corp. of 10 Grand Boulevard, Suite 3, Deer Park, New York 11729 has submitted a low qualified bid of $19,450 to perform certain soilremediationwork on the Village owned former Duracell site at Andrews Lane, and as more fully described in the attached July 18,2005 AARCO letter proposal, and Whereas, the village's consulting engineer has reviewed the bids received and recommended that AARCO's bid proposal be accepted, and Whereas, funding to undertake this remediation activity is contained within the approved 2005-2006 capital budget, I Now, Therefore, Be It Resolved that, the Board of Trustees of the Village of Sleepy Hollow herein authorizes the Mayor to execute said July 18,2005 letter proposal and take any and all other steps necessary to effectuate the intent of this resolution. Trustee Trustee Moved by: C a p o s s e l a Seconded by: G r a l a Vote: Unanimous Resolution #__, Date: July 26,2005 rro I *s.it»t*'jKa»u L j!*fc»j ..-«•.»««rii.t j » i » s » i , j *-JL*jw>*j*Mai6*ES *SsaZ&43i£ts£kZ*kfc&&43fis£tii0&SEk �#£0 I Meeting Date: Resolution*: 07/26/05 07/ /05 131 Resolution of the Board of Trustees of the Village of Sleepy Hollow Ratifying Mayor's Appointment of CDAG Representative WHEREAS, the Mayor received notice from Richard Green, CDAG representative for the village of Sleepy Hollow, that he is not able to continue as the CDAG representative; and David WHEREAS, the Mayor of the Village of Sleepy has appointed Glickhouse CDAG representative for the Village of Sleepy Hollow. I t o act as t h e NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow hereby ratifies the Mayor's appointment of David as the CDAG representative for the Village of Sleepy Hollow. Glickhouse Moved by: Trustee Grala Seconded by: Trustee Zie Ja I rf_^,T;^ ,;. ;g!-^.-^.^^^^^ -"•', i * . ^ S » s h&dH E^sVitJS'j:^-,^-*' Vote:Unanimous �>l I Meeting Date: 0 7 / 2 6 / 0 5 Resolution No. 0 7 / 1 3 2 / 0 5 RESOLUTION AMENDING PARKING CODE FUSES PURSUANT TO CHAPTER 19-A WHEREAS, Chapter 19-A of the Code of the Village of Sleepy Hollow entitled "Fines" provides for the enactment by resolution of changes to the penalties for parking violations in the Village of Sleepy Hollow, and WHEREAS, the Village of Sleepy Hollow has conducted a comprehensive review of the fine structure as contained in that Chapter of its Code, and WHEREAS, the Village of Sleepy Hollow has further conferred with the Chief of Police and all parties believe that this Chapter of the Code to be adjusted to be relevant for the purposes of I enforcement and efficiency, NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow adopts the amended fine schedule attached and that Chapter 19- A be adjusted to reflect these changes. Movcd:Trust:ee Z i e j a Seconde&Trustee Murray Vote: Unanimous I . r ,-. -.;-» . ^ - r ^ : S . « £ S t . . ^ ^ s s ; » » j i W ^ - - ^ i * ^ �|:ODE DESCRIPTION 1 METER VIOLATION 14 NO PERMIT 15 DOUBLE PARKING 16 DRIVEWAY PARKING 17 MORE THAN 12" FROM CURB 18 PARKED ON SIDEWALK 2 POST OFFICE PARKING 22 LEFT SIDE OF CURB 24 OVER 48 HRS PARKED 25 OUTSIDE PAVEMENT MARKING 26 ABANPONEP VEHICLE 1 8 BLOCKED CROSSWALK 3 NO PARKING ZONE 2 POLICE PARKING ONLY 36 NO COMMERCIAL PARKING 39 BUS STOP 4 LOADING 20NE 42 FIRE ZONE/15 FT FROM HYDRANT 44 BLOCKED INTERSECTION 6 NO PARKING HERE TO CORNER 65 SNOW EMERGENCY 71 NO TRESPASSING 73 ALTERNATE SIDE DOG OP,D!NANCE EXPIRED INSPECTION EXPIRED REGISTRATION PARKED ON BRJDGE HANDICAPPED ZONE PARKING SOLICITING I FINE IF PAID WITHIN 24 HRS $ 15 $ 40 $ 75 $ 30 $30 $ 30 $ 50 $ 40 $ 50 $ 25., $ 150 $ ? $ $ $ $ $ ? $ $ $ • $ ? $ $ $ 75 5 40 4 40 $ B0 $ 40 f $80 $ $ ao $ $ B0 $ $ .VI $ $ 100 $ $50 * $ 30 $ $ B0 $ $ 100 $ $ 100 $ $ 100" $ $ 100 $ ? 150 $ 10 20 50 15 15 15 " 30 20 25 15 150 50 20 20 40 20 40 40 10 40 100 50 10 40 :oo 10C 100 100^ 150 �ax* Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution Stormwater Grant Management Intennunicipal Agreement Whereas, the Department of Environmental Conservation (DEC) has awarded two $100,000 (one hundred thousand dollar) grants to the Village of Sleepy Hollow on behalf of a consortium of municipalities to undertake certain defined Stormwater planning and management activities, and Whereas, the DEC has also awarded a $50,000 (fifty thousand dollar) grant to the Town of Cortlandt for Stormwater management activities and has requested that the Village of Sleepy Hollow, in conjunction with its other grant management activities over see this grant as well, and Whereas, the Town of Cortlandt has provided a draft Intennunicipal Agreement to carry out this DEC requirement (attached hereto) and included the provision of a $1500 (fifteen hundred dollar) payment to the Village for hs record keeping responsibilities while agreeing to carryout all other grant management responsibilities, Now, Therefore, Be It Resolved that, the Board of Trustees of the Village of Sleepy Hollow, subject to final review and sign off by Village Counsel, herein authorizes the Mayor to execute said agreement and to take any and all other steps necessary to effectuate the intent of this resolution. Trustee Trus t e e Moved by: D i F e l i c e , Seconded by: Spota Vote: Jlnanimous Resolution #_^ Date: Jury 26,2005 133 ^ J. £ &* / s* M-sjtr— $. risiw^i ^ ^ ^ ^ ^ - i u ^ ^ ^ j ^ h ^ ^ �3 ay I 1NTER-MUMCIPAL AGREEMENT AGREEMENT, made the day of , 2005 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 and THE TOWN OF CORTLANDT, a municipal corporation of the State of New York having an office and place of business at 1 Heady Street, Cortlandt Manor, ( New York 10567 WITNESSETH: I 1. WHEREAS, the Town of Cortlandtreceivedan Illicit Elimination Grant totaling $50,000 from the New York State D<Sp5#Trnent of Environmental Conservation under the Environmental Protection Fund, Project # 2003WQI6O13 (Consolidated) to assist in carrying out MS4 Phase II Stormwater Permit Implementation Projects; and 2. WHEREAS, the grant was awarded to the Town of Cortlandt on the condition that the Town of Cortlandt agree to be consolidated within the Village of Sleepy Hollow's grant application which was done on behalf of 18 municipalities; and 3. WHEREAS, the Town of Q>rtlandt wiU liire its own outside consultants and provide its staff to complete its own Illicit Discharge and Elimination Study the overall project fiscal oversight, as required by the New York State Department of Environmental Conservation, will be done by the Village of Sleepy Hollow. NOW THEREFORE, the parties agree as follows: Article 1 Rights and Responsibilities of the Town of Cortlandt: Section 1.1 The Town of Cortlandt isresponsiblefor all project oversight of its Illicit Discharge Detection and Elimination Grant and isresponsiblefor all coordination with its consultants and staff. I Section 1.2 The Town of Cortlandt will complete all required payment vouchers and submit completed vouchers to the Village of Sleepy Hollow for processing to the New York State Department of Environmental Conservation. Section 1.3 The Town of Cortlandt is responsible for ensuring all required rules and regulations of the grant, including but not limited to meeting therequirementsof the MWBE goals, are met. Section 1.4 The Town of Cortlandt will be responsible for the preparation of reports as required by the DEC. •;.»«.*«,, : ,»i.&3 »if,:4M±.SJ5 �Section 1.5 The Town of Cortlandt will provide a certificate of insurance naming the Village of Sleepy Hollow as additional insured. Article 2 Role of Village of Sleepy Hollow: Section 2.1 Sleepy Hollow will send completed payment vouchers to the NYS DEC for processing in a timely manner. Section 22 Sleepy Hollow will receive the payment from the NYS DEC andforwardthe funds to the Town of Cortlandt. Section 2.3 Sleepy Hollow will contract for the audit of the grant. Section 2.4 Sleepy Hollow will provide a centralized financial and programmatic record keeping documenting grant expenditures and activities and provide a copy to the Town of Cortlandt. Article 3 Term of Agreement Section 3.1 The agreement is running for an seventeen (17) monm period commencing August 1,2005 and ending December 31,2006. Section 3.2 In order to assist Sleepy Hollow with the overall fiscal management, the Town of Cortlandt agrees to pay the Village of Sleepy Hollow $1,500 as part of the Town's required match for the grant Section 3.3 Term may be extended under terms to be mutually agreed upon by both parties. �Jlc^to I Meeting Date: 7/26/05 Resolution #: 07/134/05 Be it resolved that the Board of Trustees does hereby approve the Mayor's appointment of Louise Sharrock, 79 College Avenue, Sleepy Hollow, New York as Police Department Matron effective July 1, 2005 at the rate of $15.00 per hour. Moved: Trustee Spota Seconded: Trustee Capossela Vote:Unanimous I I •^iifeila*itt^i^J».*!.te^^ �am I Meeting Date: Resolution No.: 07/26/05 0 7 ^i05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to Execute License Agreement and Access Easement with UFSD of the Tarrytowns WHEREAS, the Village of Sleepy Hollow and the UFSD of the Tarrytowns wish to enter into an agreement to provide the Village of Sleepy Hollow the opportunity to contract, install and maintain a siltation basin together with an access easement, and WHEREAS, the UFSD of the Tarrytowns is the owner of the property on which subject easement and construction will take place, and I WHEREAS, both the Village of Sleepy Hollow and the UFSD of the Tarrytowns recognize that the construction, installation and maintenance of this siltation basis will be in the best interests of both of their constituencies and will otherwise benefit the general public, and WHEREAS, both parties agree that a license agreement and access easement will best allow this construction and improvement to take place. NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized to execute a final version of a proposed license agreement and access easement with the UFSD of the Tarrytowns subject to any changes and form of substance required by the Village Attorney. Moved: TrusteeCaposselgeconded.. Trustee Grala Vote: Unanimous »«_ A . .--«?• I ^,,_is^*^'i^j*WaLi.*3^jffii^>*-*»*-J^'-^sfi-*-!i-,*a:fi �P'2-8 I MeetingDate: 0 7 / 2 6 / 0 5 . , Resolution No. 0 7 / 1 3 6 / 0 5 . - . RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR TEMPORARY AND EMERGENCY WATER SUPPLY BETWEEN THE VILLAGES OF BRIARCLIFF MANOR AND SLEEPY HOLLOW AND THE SECOND ADDENDUM TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THOSE VILLAGES WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") and the Village of Briarcliff Manor ("Briarcliff Manor") desire to enter into an Agreement to provide for the permanent integration of the Briarcliff Manor and Sleepy Hollow water supply and water storage systems to provide for the sharing of water in those emergency circumstances, and I WHEREAS, both Villages believe that the benefits to be conferred by such a permanent integration are substantial to both communities, and WHEREAS, respective officials of each Village have met over a period of time to resolve the issues between them and to draft the agreements necessary to memorialize their intentions, and WHEREAS, by virtue of the Amended and Restated Agreement between the Villages concerning water supply, dated January 5,2005, the Villages provided for the joint utilization of various water facilities in connection with the Catskill Aqueduct for a long term, adequate and potable supply of water for residents of the Villages, including Tarrytown, NOW THEREFORE BE IT RESOLVED, that the Mayor be authorized to execute the Agreement for temporary and emergency water supply between Sleepy Hollow and BriarclifF, together with the Second Addendum to the amended and restated agreement between the Villages concerning water supply, subject to any further review and changes by the Village Attorney as may be in the bests interests of Sleepy Hollow. Moved: T r u s t e e G r a l a S e c o n d e d : T n i s t e e Zieja Vote: Unanimous I * ^s& & & j u i J£~»"»=3 *aLje-i.iM'%-&*&k ^i«"*fc*<\* i ^^aiife^rflSg'lS^S'^S �Meeting Date: 7/26/05 Resolution No. 07/ /05 137 RESOLUTION ACCEPTING THE OFFER OF DEDICATION FOR WATER AND SEWER LINES AND APPURTENANT FACILITIES IN THE ICHABOD'S LANDING SITE DEVELOPMENT PLAN WHEREAS, on or about August 14,2001 Ichabod's Landing, LLC ("Ichabod's") submitted an application for Special Permit and Concept Plan Approval to the Mayor and Board of Trustees of the Village of Sleepy Hollow ("Sleepy Hollow") to develop and construct a mixed-use riverfront development to be known as "Ichabod's Landing"; and WHEREAS, by Resolution adopted on December 2,2003 (the "Village Board Resolution"), the Mayor and Village Board of Trustees granted Special Permit and Concept Plan Approval to Ichabod's to develop 44 townhouse dwelling units, 2,900 square feet of retail space, and 131 offstreet parking spaces, together with related accessory uses (the Development); and WHEREAS, on or about December 5,2003 Ichabod's submitted an application for Site Plan Approval to the Sleepy Hollow Planning Board, as required pursuant to the Sleepy Hollow Code; and WHEREAS, by Resolution adopted on May 20,2004 and dated June 21,2004, the Sleepy Hollow Planning Board granted Site Plan Approval to Ichabod's for a mixed-use riverfront development generally as previously approved in concept by the Village Board pursuant to the Village Board Resolution; and WHEREAS, as part of the Development, Ichabod's was required to construct at its sole cost and expense and dedicate to Sleepy Hollow, in accordance with the plans and specifications approved by the Village Engineer, certain water lines, sewer lines, and the facilities appurtenant thereto including, without limitation, hydrants, valves, pumps and manholes(collectiveIy referred to herein as the "Utilities") within the easement area shown on the map entitled "Site Development Plan of the Ichabod's Landing Condominium prepared for Ichabod's Landing, LLC", dated March 4,2004 and last revised September 28,2004, and filed in the Westchester County Clerk's Office, Division of Land Records, on October 25, 2004, as Map No. 27445 (hereinafter the "Site Development Plan"); and WHEREAS, the utility easement area is more particularly bounded and described in Schedule B to the utility easement agreement between Ichabod's and Sleepy Hollow dated July 2005 (the "Utilities Easement Agreement"); and I �£30 I WHEREAS, the Mayor and Board of Trustees previously authorized the Mayor to execute this Utilities Easement Agreement on behalf of Sleepy Hollow; and WHEREAS, Ichabod's has fully installed the Utilities in the Utility Easement Area pursuant to the Site Development Plan; and WHEREAS, the Village Engineer has inspected the Utilities that Ichabod's installed within the Utility Easement Area and found them to comply with the Site Development Plan and be otherwise acceptable; and WHEREAS, Ichabod's presented to Sleepy Hollow an Offer of Dedication for the completed utilities, along with: (i) a title report confirming Ichabod's ownership of the Utility Easement Area; (ii) a copy of the final as-built survey/easement map last revised June 16,2005; and (iii) a maintenance bond in the amount of $32,747.00, which equals ten (10%) percent of the total cost of the Utilities, as calculated by the Village Engineer in approving the cost estimate to complete the water system ($170,150) and the sewer system ($157,320) relative to the performance bond; and NOW, THEREFORE BE IT RESOLVED, by the Mayor and the Board of Trustees of the Village of Sleepy Hollow that the Offer of Dedication for Water and Sewer Lines and Appurtenant Facilities installed within the Utility Easement Area of the Ichabod's Landing Site Development Plan is hereby accepted. Moved: Trustee Zieja Seconded: Trustee Murray Roll Call vote: Vote: Unanimous Trustees DiFelice, Spota, Capossela, Murray, Zieja and Grala voted YES. Mayor Zegarelli vote* YES. I 2 �#31 I Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Solicitation of Bid Proposals Water Department Pomp Replacement Program Whereas, the Villages of Sleepy Hollow and Briarcliff have reached agreement regarding the provision of emergency water supplies to each other, and Whereas, as a component of said agreement, the Village of Sleepy Hollow will upgrade and replace its water supply pumps with two new 125 horse power pumps together with related improvements and the Village of Briarcliff has agreed to contribute one half of the cost of this pump replacement program up to $250,000, and Whereas, the replacement of the existing pumps is a necessary and key component of the Village of Sleepy Hollow's own water improvement program and the Village's engineer Dolph RotfeH Engmeering, P.C. has developed plans and specifications for said replacement program, I Now, Therefore, Be It Resolved that, the Board of Trustees of the Village of Sleepy Hollow herein authorizes the village engineer to finalize and issue bid documents for these water system improvements. Trustee Trustee Moved by: Murray , Seconded by. D i F e l i c e , Vote: Unanimous Resolution ?_, Date: Jury 26,2005 138 I -&ffife^v&&zk ^,^^i^X^'y*i*2g'E^n : --li-i4-^ l *^aa- -iXjUitS&iJ, ^X±^^Mj^£M^^^iB^&^^^^^^^^^ �*%z I Meeting Date: Resolution No.: 07/26/05 07/39/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Mayor to Execute Renewal of Snow & Ice Agreement for County Roads I WHEREAS, the County of Westchester has transmitted an agreement to reimburse the Village of Sleepy Hollow for its costs in undertaking snow and ice removal from County roads; and WHEREAS, said agreement is subject to a CPI escalation provision increasing the amount based on the CPI, but capping such increase at 3.5%. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein authorizes the Mayor to execute the attached agreement for snow and ice removal and to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee DiFelice Second: Trustee Spot a Vote: Unanimous I £*^H i ^ " i- *.^-l\ir»'0"p1 �£33 AGREEMENT made this day of , 2005 by and between: COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the County Office Building, 148 Martine Avenue, White Plains, New York, 10601 (hereinafter referred to as the "County") and THE VILLAGE OF SLEEPY HOLLOW, a municipal corporation of the State of New York, having offices at 28 Beekman Avenue, North Tarrylown, NY 10591 (hereinafter referred to as the "Municipality") WITNESSETH: WHEREAS, the County desires to obtain services for the removal of snow and ice from designated County roads within the Municipality to provide for reasonable passage and movement of vehicles over such roads; and WHEREAS, the Municipality is willing to furnish such services and the County desires to purchase same subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the terms, conditions and covenants hereinafter set forth, the parties agree as follows: FIRST: This Agreement shall commence on October 1,2005 and shall expire on September 30,2010 unless sooner terminated as herein provided. SECOND: The Municipality agrees to furnish all necessary personnel, machinery, tools, supplies and equipment to provide snow removal and ice control services upon County roads within the boundaries of the Municipality as identified in the list attached hereto and made a part hereof as Schedule "D'\ Said Services shall be provided upon the paved portions of County �I roads as well as County road bridges and bridge sidewalks and shall include the plowing or removal of snow and ice, all necessary sanding, and appropriate measures to keep catch basins and drains clear of ice and debris, until the end of the snow removal season. All work shall be performed in the manner prescribed by the Westchester County Commissioner of Public Works ("Commissioner") or his authorized representative and shall be • completed to his satisfaction. THIRD: For the services performed pursuant to Paragraph SECOND above, the County shall pay the Municipality as follows: I (i) At such time as the Municipality's salt storage and application rates shall be in compliance with the recommendations of the 208 Water Quality Program, as described in the ,c Best Management Practices Manual" published as part of that Program as amended or supplemented, then payment shall be provided in accordance with the rates set forth in Schedule "B" for those seasons the municipality is in compliance. (ii) In the event the Municipality shall not be in compliance with the 208 Water Quality Program "Best Management Practices Manual" as amended or supplemented or, if in compliance, shall fail to so comply during the term of this Agreement, then the Municipality shall be entitled to payment only for the actual amounts expended to provide snow and ice removal services up to the maximum rates set forth in Schedule "A". (iii) Schedule "D" will be modified to add and/ or delete roads, or sections of roads, as they may be added to and/or deleted from the County road system. Such addition and/ or I deletion may only take place upon the completion of action by the Westchester County-Board of Legislators. ^w^fciSSfeiiSSli^P �a?>o I Payments will be prorated to pay as follows: November December January February March Roads Added Roads Deleted 90% 80% 60% 30% 10% 10% 20% 40% 70% 90% (iv) During the period October 1, 2006 through September 30, 2007 the amount payable to the Municipality for said period shall be increased by the percentage, if any, that the Consumer Price Index ("C.P.I.") in the month of June, 2006 has increased over the C.P.L in the month of June, 2005. For the next period (October 1,2007 through September 30, 2008) the 2006-2007 rate schedule shall be increased based on the-increase in the C.P.L in the month of I June, 2007 over the month of June, 2006. For the next period (October 1,2008 through September 30,2009) the 2007-2008 rate schedule shall be increased based on the increase in the C.P.I, in the month of June, 2008 over the month of June, 2007. For the next period (October 1, 2009 through September 30,2010) the 2008-2009 rate schedule shall be increased based on the increase in the C.P.L in the month of June, 2009 over the month of June, 2008. In no event, however, shall the increase in the amount payable by the County for the services rendered hereunder exceed (3 14%) percent in any year of the Agreement over the preceding year's amount In the event the Consumer Price Index decreases during anyone year term of this Agreement, the amount payable by the County shall decrease accordingly, but in no event shall the amount payable decrease below the amount payable during the first one year term of this contract. For the purpose of this paragraph, the C.P.I. shall mean the Consumer Price Index for all Urban Consumers, all items, Selected Large Cities, for New York, Northeastern New Jersey Area as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. as the "Consumer Price Index for all Urban Consumers" (CPI-U) 1982-84 base = 100. 3 I �If the Federal government shall cease to publish such index, then the substitute index published shall be used for the purpose of adjusting the amount payable to the Municipality. FOURTH: Any and all requests for payment to be made shall be submitted within 30 days after notice by the Dept. of Public Works, on a properly executed claim form together with an itemized schedule of amounts expended to furnish such services. Payment shall be made only after approval by the Commissioner. This Agreement shall be deemed executory only to the extent of money appropriated and allocated by the County for the performance of the terms hereof and no liability under this Agreement shall be incurred by the County beyond moneys available for the purposes thereof. FIFTH: The Municipality shall keep accurate records of its business operations hereunder in accordance with generally accepted accounting principles. The Commissioner, or his duly authorized representative shall have the right to inspect and audit such records and statements at all reasonable times to insure that the Municipality is complying with the terms of this Agreement To the extent practicable such inspections shall take place at the offices of the Municipality. The Municipality agrees that all equipment charges shall be in accordance with rates established by the New York State Department of Transportation and all labor charges shall be in accordance with the prevailing rates within the Municipality for similar highway work. SIXTH: The County, upon thirty (30) days written notice to the Municipality, may terminate this Agreement in whole or in part when the County deems it is in its' best interest Subject to the availability of funds, the Municipality shall be compensated for services rendered under this Agreement prior to the effective date of such termination. In the event the Commissioner determines that there has been a material breach by the Municipality of any of the terms of the Agreement and such breach remains uncured for fortyeight (48) hours after service on the Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the services provided for in this 4 �Agreement, or contract for their completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Notice shall be effective on the date of receipt. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by Municipality of any particular duty or obligation under this agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. Notice shall be effective on the date of receipt. SEVENTH: Except in an emergency, the Municipality shall not assign, sublet, subcontract or otherwise dispose of this Agreement, or any right, duty or interest herein, without previous written consent of the County. No assignment, subcontracting, subletting or other such disposition of this Agreement, either with or without such consent of the County, shall serve to relieve the Municipality of its obligations hereunder. All subcontracts entered into by the Municipality shall provide that subcontractors are subject to and must comply with all terms and conditions set forth in this Agreement. All work performed by the subcontractor shall be deemed work performed by the Municipality. EIGHTH: The Municipality shall comply with all applicable federal, state and local laws, rules and regulations including but not limited to all applicable provisions of the Labor Law, Workers' Compensation Law, State Unemployment Insurance Law, Federal Social Security Law and any and all rules and regulations promulgated by the United States Department of Labor and/ or the Industrial Commissioner of the State of New York and all amendments and additions thereto. NINTH: The Municipality hereby acknowledges and agrees: (a) That in the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, no Municipality, subcontractor, nor any person acting on behalf of the such Municipality or subcontractor, shall by reason of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizenship status, national origin, marital status, sexual orientation, familial status, genetic pre-disposition or carrier status discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; 5 �^3^ I (b) That no Municipality, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizenship status, national origin, marital status, sexual orientation, familial status, genetic predisposition or carrier status; (c) That there may be deducted from the amount payable to the Municipality by the County under this Agreement a penalty of FIFTY ($50.00) DOLLARS for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this Agreement; I (d) That this Agreement may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement; and (e) The aforesaid provisions of this section covering every agreement for or on behalf of the County for the manufacture, sale or distribution or materials, equipment or supplies shall be limited to operations performed within the territorial limits of the state of New York. TENTH: The Municipality, in its own name and naming the County as an additional named insured, shall at the commencement of the term hereof, obtain and maintain in continuous effect for the term of this Agreement, policies of insurance providing for coverage in the limits and subject to the conditions set forth in Schedule "C", attached hereto and made a part hereof. The Municipality agrees to indemnify, defend and hold the County of Westchester and its I officers, employees and agents harmless from and against any and all liability, loss, damage or expense the County may suffer as a result of any and all claims, demands, causes of action or judgments arising out of this Agreement due to the negligent acts or omissions of the Municipality. The Municipality shall, within ten (10) days of the occurrence thereof, notify the Commissioner of any action, proceeding, claim or demand arising hereunder. ^sife^ifrssifels �ELEVENTH: All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified 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 Dept. of Public Works Michaelian Office Building 148 Martine Avenue White Plains, NY 10601 with a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Municipality: Mr. Dwight Douglas Village of Sleepy Hollow 28 Beekman Avenue North Tarrytown, NY 10591 TWELFTH: The failure of either party to insist, in anyone or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment for the future of such term or condition, but the same shall remain in full force and effect. No waiver by either party or any provision hereof shall be implied. THIRTEENTH: This Agreement shall bind the successors, assigns and representatives of the parties hereto. FOURTEENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous 7 �I negotiations, commitments and writings. No change modification or cancellation of this Agreement shall be effective except by an instrument in writing signed by a duly authorized representative of each of the parties. FIFTEENTH: This Agreement shall not be enforceable until signed by all parties and approved by the Office of the County Attorney. IN WITNESS WHEREOF, the County of Westchester and the Municipality have executed this Agreement in triplicate: THE COUNTY OF WESTCHESTER I BY: Commissioner of Public Works THE MUNICIPALITY BY: (Name and Title) Authorized by the Westchester County Board of Legislators on the ,2005. day of Authorized by the Board of Acquisition and Contract of the County of Westchester on the day of , 2005 I Approved as to form and manner of execution: Assistant County Attorney County of Westchester 8 �I MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER) On this day of personally appeared _ 20 , before me, the undersigned, _, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she is the of I _, the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she executed the same in his/her capacity, and that by his/her signatures) on the instrument, the municipal corporation executed the instrument. Notary Public County I �#v?~ I CERTIFICATE OF AUTHORITY (Municipality) I, : (Officer other than officer signing contract) certify that I am the of the (Title) (Name of Municipality) (the "Municipality"), a corporation duly organized and in good standing under the I (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement; that , (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution of the Municipality, and that said (Title of such person), agreement was duly signed for and on behalf of said Municipality by authority of its , thereunto duly authorized and (Town Board, Village Board, City Council) that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.r COUNTY OF WESTCHESTER) I On this _ day of 20 , before me, the undersigned, personally appeared ____, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the above certificate and acknowledged to me that he/she executed the above certificate in his/her capacity as of _, : (Title) (Municipality) the municipal corporation described in and which executed the within instrument Notary Public County �I SCHEDULE "A" Effective October 1,2005 Without "208" Incentive $1,796 per mile for 2 lane roads; $2,338 per mile for 3 lane roads; $2,617 per mile for 4 lane roads. SCHEDULE"B" Effective October 1,2005 With "208" Incentive I $2,694 per mile for 2 lane roads; $3,502 per mile for 3 lane roads; $3,922 per mile for 4 lane roads. I �I 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 of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the 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 from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the 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 from any liability under the Agreement, nor shall the insurance requirements be construed to conflict 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 of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the 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 following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers'Compensation. Certificate form C-l 05.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. I State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." (Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits' Policy, or both, a temporary permit may be issued if the employer completes form C-105.2 in duplicate. A copy of form C-l 05.2 is sent to the Worker's Compensation Board, Information Unit for investigation and report.) 2 �aws If the employer is self-insured for Worker's Compensation, he should present a certificate from the New York State Worker's Compensation Board evidencing that fact. (b) Employer's Liability with minimum limit of $100,000. (c) General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 (c.s.l), naming the County of Westchester as an additional insured. This insurance shall indicate on the certificate of insurance the following coverages: (i) Premises - Operations, (ii) Broad Form Contractual. All Contracts involving the use of explosives and demolition shall provide the above coverage with elimination of 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 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles, (ii) Hired automobiles, (iii) Non-owned automobiles. 3. All policies and certificates of insurance of the Municipality shall contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and 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. 3 �<&i'(t- I SCHEDULE D COUNTY ROADS - SNOW AND ICE AGREEMENT VILLAGE OF SLEEPY HOLLOW _ _ I _ _ —_ C.R.NO. COUNTY ROAD NAME LINE MILES 14A WEBBER AVENUE 0.47 0.47 0.00 0.00 TOTAL MILEAGE-SLEEPY HOLLOW 0.47 0.47 0.00 0.00 r 2 LANE MILES 3 LANE MILES 4 LANE MILES �I Meeting Date: Resolution No.: 07/26/05 07/140/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Resignation of Robyn DeCarlo WHEREAS, Robyn DeCarlo ("DeCarlo") was appointed to the position of Village Treasurer in the Village of Sleepy Hollow ("the Village") effective January 4, 2005; and, WHEREAS, by letter dated July 25, 2005 (a copy of which is attached to this resolution), DeCarlo resigned from her position as Village Treasurer effective September 5, 2005; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Board of Trustees hereby accepts DeCario's resignation. Moved: Trustee Spota; I Seconded: Trustee Capossela; Vote: Unanimous I «J*4-?S*B *$£&&* -—*-v • >• * -*Z **—*^J*-*rH ~ - J ^ l ^ ^ ^ S g j y ^ T - . ^ : ^ ^ �Robyn G. DeCarlo, PhD 8 Niven Drive Monticello, NY 12701 Mr. Dwight Douglas, Village Administrator Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Dear Mr. ~ I Thank you for the meeting this morning with yourself, the mayor and me. I appreciate the belief you have in me and my department. As you know I have come to the Village of Sleepy Hollow with a PhD in Public Administration and 12 years Government Accounting Experience, but with all my experience and knowledge I am just unhappy here. Accordingly, it is with great dismay that I tender my resignation from the Village of Sleepy Hollow as of Monday, September 5, 2005. Please note, that I will assist you and the Village in any way I can so that it will be smooth transition on my departure. I want to thank you, the Mayor, Joe DeMelia and the Board of Trustees for the opportunity to work at the Village of Sleepy Hollow and I wish all of you much success. If you have any questions, please do not hesitate to contact me at your earliest convenience. Thank You. Jtesprctfully, GJL/<-O Robyn G. DeCarlo, PhD I Cc: Mayor Philip Zegarelli Joseph DeMelia, CPA Mario DiFelice, Deputy Mayor Thomas Capossela, Trustee Kay Brown Gala, Trustee Andrew J. Murray, Trustee Richard J. Spota, Trustee Richard Zieja, Trustee ESHv" JUL 'L 5 2D05 ADMINISTRATOR �Meeting Date: Resolution No: 07Z,/05 RESOLUTION DECLARING THOSE PORTIONS OF FAIRVIEW AVENUE, RIDGE STREET AND HIGH STREET EXCESS PROPERTY AND ABANDONED AS PUBLIC STREETS AND AUTHORIZING THEIR SALE TO PETER J. ZEGARELLI, CAROL ZEGARELLI, IRENE ZEGARELLI AND CAROL LYDEN. WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") is in receipt of petitions from Peter J. Zegarelli, Carol Zegarelli, Irene Zegaielli and Carol Lyden ("Purchasers") seeking to purchase portions of Fairview Avenue, Ridge Street and High Street ('Paper Street") more clearly and specifically described in the survey map of Steven Johnson dated October 22,2004, a copy of which is attached hereto and made a part hereof, and WHEREAS, Sleepy Hollow has conducted a public hearing pursuant to the Highway Law of the State of New York on July 19,2005, at which the matter was discussed and the public was provided the opportunity to be heard, and WHEREAS, at such public hearing the Purchasers and their attorneys spoke on behalf of their petition, and WHEREAS, as a result of that hearing and the information provided thereto and the public record as a whole, including the official maps and records of Sleepy Hollow, the Board of Trustees was able to make the requisite findings, and WHEREAS, Sleepy Hollow determined that the portions of these paper streets are at their tenninus and are unnecessary for highway purposes, and that each terminus is no greater than 1000 feet, and further that the Purchasers are the owners of the lands adjacent to the paper streets for the distance proposed to be discontinued and otherwise abandoned, and WHEREAS, Board of Trustees determines that it is in the best interests of the Sleepy Hollow to divest itself of any interest in these paper streets since they will not serve a present or future public purpose, and �£50 I WHEREAS, Sleepy Hollow is in receipt of an appraisal prepared by the Appraisal Service Group dated June 10,2095 setting the fair market value of the respective properties, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees does declare those portions of Fairview Avenue, High Street and Ridge Street to be abandoned and discontinued and that any interest of Sleepy Hollow be removed from the public record, said interest no longer serving a present or future public purpose, and BE IT FURTHER RESOLVED, that the Village Attorney be authorized to take the necessary I actions to convey the interest of Sleepy Hollow in those Properties to the Purchasers, and that the Deputy Mayor be authorized to execute all deeds and closing documents on behalf of Sleepy Hollow, subject to the following conditions: 1. The Purchasers at the time of conveyance tender to Sleepy Hollow the fair market value of the properties as determined in the appraisal of the Appraisal Service Group, together with the cost of the appraisal and all costs associated with the closing of title and the recording of all legal instruments; 2. That the deeds of conveyance contain restrictions and covenants that the properties conveyed will not have any structure built upon them nor will those properties be included in the calculations for lot coverage for future development. Moved: T r u s t e e Murray Seconded: T r u s t e e Z i e j a Vote: 4 - 1 - 1 Note: Mayor Zegarelli recusing himself. I Trustees Spota, Murray,Zieja and Grala Voted YES. Trustee DiFelice Voted No, stating that he has always in the past voted NO when it comes to giving away village property. Trustee Capossela abstained because he works for Rockefellers(Lydens) �tif. MlI 55 A* ill! 0 t>£4 RIDGE STREET arar3.oarf.svv 13HXLS HDCmi jwp-m «!«Sl XOBZO-XJ :i*t �Public Works Report July 26,2005 The Lawrence Avenue project is just about completed. Once completed, the sidewalk project will start. Tree pruning and removal is ongoing. Street light repairs in ongoing. I We will be going out to bid for the Duracell parking lot project We are preparing for the Ferry Go Round to be held on August 6*. New street signs are being ordered for the inner village. �Administrative Report July 26,2005 Renovations and expansion in the Building Department is almost completed. Once the third floor renovations are completed, the second phase of the remodeling of the basement in village hall will start � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2005 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2005-07-26 Subject The topic of the resource Board of Trustees Minutes-2005 Date A point or period of time associated with an event in the lifecycle of the resource 2005 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text