https://sleepyhollow.localarchives.org/files/original/26aa1b2b15cdc456990f87835cdbcae2.pdf 09bd0000a52f3d39bcb2e0ae7e116aa7 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, November 30, 2010, in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Kenneth G. Wray Deputy Mayor Thomas Capossela David Schroedel Barbara Carr Bruce Campbel Karin Wompa Evelyn Stupe!, Trustees Also Present: Anthony P. Glaccio, 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 John Kapica, Police Chief At 7:04 p.m. the Mayor called the meeting to order with a pledge to the flag. Village Clerk read the announcement for the Public Hearing regarding Parking in the Manor. Mayor Wray opened the meeting and stated that this meeting will not be closed tonight and that all future correspondence should be addressed to the Village Clerk. Mayor Wray introduced Chief Kapica. The Chief then addressed the Mayor, the Board of Trustees and the Public with a letter he read. See attached. Maggie Masuci, a resident and a representative of 525 River Street, an apartment building, introduced a petition to the Board with signatures from the residents. Robert Ryan of Pierson Avenue addressed the Mayor and the Board, he stated he got a parking ticket in front of his house, and other vehicles around him were not ticketed. He suggested to the Mayor and the Board to debit line his property taxes since he is a resident. He also said that everyone who violates the law should be ticketed or not ticket, or simply allow people to park and give them a right to enjoy their properties. John Whysner of 166 Farrington Avenue, addressed the Mayor and the Board and read letter, see attached . Richard Piano, the President of the Philipse Manor Improvement Association stated that street parking has been an issue for decades and those newsletters from the 1930's also dealt with parking issues. He stated that in 2002, an informal survey of the neighborhood was done and that 211 homeowners didn't want any changes to parking regulations in the Manor and nine homeowners said they did want a change. See letter attached. �Mr. Piano also stated he feels that it is offensive and impossible to allow anyone and everyone to park anywhere, he said it is not workable. John Korzelius, of 525 Riverside Drive, addressed the Mayor and the Board of Trustees and stated he was not asked to partake in the 2002 survey that Mr. Piano mentioned and he has lived at the same location for 15 years. He stated that he has never seen a commuter parking in front of his house and he lives the closest to the Train Station. He also stated that he got a parking ticket in front of his house and paid it. Mr. Korzelius made a statement that this is a big bowl of spaghetti and the Board will have to fix it Donald Stever a resident of Philipse Manor, addressed the mayor and the Board of Trustees and stated that the problem is the current ordinance written is not enforced, and that it needs to have a law that allows reasonable use of the streets. He stated that residents will understand the rules and if the rules are clear enough. Adrienne of 149 Farmington Avenue, addressed the Mayor and the Board of Trustees and said he grew up with cars on his street. He suggested there is need for a change, but also keep the residents happy. Mayor said we're looking for something that is workable. Iris Schneider a resident of Philipse Manor since 1997, addressed the Mayor and the Board and stated that there's 5 people in his family with 4 cars and only one car garage and one car driveway, he asked what he should do now if he can't park on the street. John Bogus of Hardwood Avenue, addressed the Mayor and the Board and stated that his family owns 4 cars but he only has room for 3 cars in the driveway. David Permutter of Bellwood Avenue, addressed the Mayor and the Board and stated that in the past police would just be called and told how many cars were visiting, he feels that technically it may be unconstitutional but using discretion is not unconstitutional, and now there seems to be a passion to ticket residents of the Manor and it has to stop. Don Gateano, of Lawrence Avenue, a resident for 53 years, addressed the Mayor and the Board of Trustees and said since he can remember there has been no parking in the Manor. He stated that the Police Officers have to enforce it and it should not be selective enforcement. He suggested that people in the Manors should park in their driveway and that everyone should be treated equal. He stated that some of his tenants have moved out of the area because of all the parking tickets. Liza Hunter of 163 Highland Avenue, addressed the Mayor and the Board of Trustees and said she has been a resident for 23 years and has gone through this before. She Is concerned about consistency once the law is applied. She mentioned that she had a guest for 20 minutes, and his car was ticketed, but other cars in the area were not. Mrs. Hunter is expressed concern about selective enforcement. The remedy put forth by this Board should be very thoughtful and consistent. �Tim Judge of 250 Highland Avenue, addressed the Mayor and the Board and suggested that if residents are concerned about commuters, then restrict parking during commuting hours. Alex Martone, the Vice President of the PhiPipse Manor Improvement Association, would like the current ordinance to stay in affect. He said commuters can walk to train station from any street in the IManor. He also said this has been an issue for over 70 years in the Manor. Mr. Martone said that the Police know what cars belong in the neighborhood, and he likes the open vistas in the streets. He understand the Police Chiefs concern but believes that we should be able to maintain the ambience in the Manor and wants no parking rules in place but wants to have exceptions, stating that any change in the regulations would be the beginning of a downturn in the neighborhood. Emm it Wolfe of 226 Kel bourne Avenue, a resident for 23 years, addressed the Mayor and the Board of Trustees said he has a 3 minute walk to the train. Patricia Clarke of 460 Bel I wood Avenue addressed the Mayor and the Board of Trustees and said that her 10 year old son likes to ride his bike and when he drives out of the driveway she hold her breath. She lives here because its safe. Micheie Gonzalez, a resident of Kingsland Rd and a local realtor, addressed the Mayor and the Board of Trustees and said that her road is very narrow and has trouble backing out. She also said that she is able to sell houses in the neighborhood because of its beauty, and parking on the streets is not appealing. Tom Gonzalez, a resident of Kingsland Rd, addressed the Mayor and the Board of Trustees and stated that it is a good idea for cars to be ticketed in the Manor. He also stated that he bought a home in the Manor because of parking and safety issues, but that during Holidays the Police should use good judgment. He asked if this regulation passes will the Village lose any state funding. Kenny Lambert a Village resident of 25 years asked the Mayor and the Board of Trustees if these are parking regulations concerning Philipse Manor only or Sleepy Hollow Manor as well. He also asked if the Village Board has the authority to make any and all rules about parking on village roads. P. Herberts, a Manor Resident, addressed the Mayor and the Board and stated that in the past it was fine to just call the police and advise them of guests. He also said that residents with a lot of cars should not take advantage of parking on the streets and suggested that the law should read ''commuter rules", also suggested that residents that get tickets should dispute it. Ms. Rice, and Manor resident, addressed the Mayor and the Board and said that in the past she never had to give the police department a plate number. She suggested that guests should have a note on the dashboard stating what house they're visiting. She would like to keep it simple and friendly. �Robert Ryan of Pierson Avenue, addressed the Mayor aand the Board again and stated that there were a lot of good comments but If commuters and visitors are the issue they should get a permit. He also asked if there is a rule about visitors parking and wants to have the right to park his car in front of his house. Another Manor resident whose first name Is David, addressed the Mayor and the Board and stated that he has lived in the Manor for 39 and a half years. He said the parking situation in the Manor has worked for ''39" years and suggested the use discretion. Chief Kapica addressed the public and responded to some of the comments by noting that every tax payer in this state is, by law, allowed to drive and park on the roads In the Manor since the state and federal funds help pay for the entire road's upkeep. He also explained that the state will grant a permit-parking area in the Manor with the caveat that 15-20 percent of the permit parking area be reserved for commuters and the general public. Parking meters may also be used in this instance. Chief Kapica stated and asked if anyone wanted to have commuter parking in front of their home and asked why a commuter's car presents a greater safety concern than a visitor's car. Mayor Wray adjourned the public hearing at 8:10 p.m. and stated that there will be additional hearings for more folks to comment. On a motion by Trustee Schroedel, seconded by Trustee Carr the Board took a 5 minute break. Approval of Warrants Trustee Campbell moved, seconded by Trustee Schroedel to approve the warrant of $883,800.95. It was unanimous. Mayor announcemertts: Mayor announced that on December at 10 am, there will be an anniversary ceremony at Horan's Landing, in observance of Pearl Harbor. Public Comments: Mayor opened the meeting to public comments and evoked the 5 minute rule. Don Cateano of Lawrence Avenue addressed the Mayor and the Board of Trustees and asked if there were any updates regarding the former Mallory Battery Plant. He had heard that the clean up and testing that is being conducted by the Gillette corporation is going to cost the tax payers a lot of money. �Mayor Wray stated that everyone living near the property, corner of Elm Street and Andrews Lane, should have their soils tested for hazardous materials. Mayor also stated that it is an ongoing legal discussion with attorneys. Mario Belanich, of North Washignton St. addressed the Mayor and the Board of Trustees and said he was disturbed when he heard the taxpayers have to pay for the Duracell clean up, and that the Village should take action and not pay. He also asked about monies for Kingsland Point Park and Halloween. Trustee Schroedel -Nothing to report Trustee Carr- Nothing to report Trustee Campbell- Reported that the next work session will be on December starting at 7:30 pm. at Kendal, Deputy Mayor Capossela - Nothing to report Trustee Wompa ~ Reported that the Downtown Revitalization Corporation would be purchasing new and uniformed garbage cans for the downtown area. Trustee Stupe! - Reported that the Housing Committee met recently and that 20 cases have been prosecuted successfully since the new buildings codes were passed in April. The Village has collected about $95,000.00 in court fees. Administrator's Report: Mr. Giaccio reported that KVS, new financial software, is now in place and employees are being trained to use it He also reported that the village has received a new Community Development Block Grant for refurbished sidewalks on Kendal! Avenue. Mr. Giaccio also reported that a new round of finding for CDBG funds is coming up and he would be asking for project proposals and ideas from trustees. Mayor Wray introduced Mr. Tung, a representative for Genera! Motors, explained about a new riverfront concept plan for a new development and a new proposal that varies slightly from a previous one. Mr. Tung explained how the studies and determinations were made from a previous proposal, and what has been altered. He described and explained that the new proposal calls for 1,177 residential units, retail space of 137,000 square feet and 35,000 square feet of office space, an emergency access gate and much more. The entrance to this project includes a roundabout at the intersection of Beekman Avenue and River Street. Mr. Tung stated that an application is in the works. Deputy Mayor Capossela stated that this proposal seemed realistic, and mentioned that the village does have an easement over the railroad tracks that could be used for a road connection. Mayor Wray stated that he is pleased it has gotten to this point and if everything is in order, this could potentially be approved by the middle of January. �Resolutions; See attached. New Business: The Village will bag the public meters starting December January 3, 2011. Parking will be free until Trustee Campbell stated that the festive holiday lights decorations in the village could be better, and that there's not enough decorations compared to Tarrytown. He suggested buying more decorations next year. Discussion ensued. Public Comments: Mayor opened the meeting to the public and evoked the 5 minute rule. Don Cateano of Lawrence Avenue addressed the Mayor and the Board and stated that the new island on new Broadway looks like just a bunch of flowers. Mario Belanich of North Washington St. addressed the Mayor and the Board of Trustees and stated that more new hires should be village residents. Mayor Wray said the recent WMOA dinner meeting that took place at the new senior center was catered by seven local restaurants. At 9:20pm, a Motion was made by Trustee Shroedel to go into executive session, seconded by Trustee Wompa. At 9:27pm, Trustee Schroedel made a motion to come out of executive session, it was seconded by Trustee Carr. No action was taken at Executive session. At 9:28pm, Trustee Schroedel made a motion to adjourn the meeting; it was seconded by Trustee Carr. Respectfully submitted, Paula A. McCarthy Village Clerk �PUBLIC HEARING NOTICE PLEASE TAKE NOTICE the Board of Trustees of the Village of Sleepy Hollow will hold a public hearing on Tuesday, November 2010, at 7:00 p.m. at Village Hall, 28 Beekman Avenue, Sleepy Hollow, NY, to hear and consider comments from members of the public regarding an amendment to Village Code, Chapter 57-20A(A), to amend the code to one of the following: 1. Delete Chapter 57-20A(A) in its entirety; 2. Amend Chapter 57-20A(A) to permit for periods of time of less than 15 minutes; 3. Amend Chapter 57-20A(A) to permit parking of vehicles by building contractors, landscaping contractors, domestic workers, home healthcare providers and other business invitees between the hours of 7am"-6pm, 4. Amend Chapter 57-20A (A) to permit parking of vehicles by social invitees between the hours of 7am-12am. A copy of the Village Code is available at the Village Clerk's office, Monday-Friday from 8:30 a.m. to 4:30 p.m. All interested parties are invited to attendant and be heard at said hearing. Village Hall is accessible to the handicapped. By Order of the Board of Trustees Dated: November 10, 2010 Paula A. McCarthy Village Clerk �Mayor and members of the Board of Trustees. One of the tasks I have been able to address during my tenure as Chief of Police is the evaluation of the current parking restrictions that exist in both Sleepy Hollow and Philipse Manor. As the Board knows, at present no parking is allowed at any time in both of the Manors. Although this blanket prohibition may be justified in Sleepy Hollow Manor because of the narrowness of its roads, there is no valid public safety reason to have such a far reaching restriction in Philipse Manor. Such a restriction makes it inconvenient at best for Philipse Manor residents to fiilly enjoy their property and because of the caveats to its enforcement, any police action taken constitutes an unconstitutional exercise of police powers. The Board is aware that although the law prohibits the parking of vehicles anytime within Philipse Manor, contractors' vehicles are routinely exempted and residents may also request exemptions for the vehicles of family members and guests. The law contains no provision that allows for granting such exemptions making them subject to criticism as being arbitrary and capricious. Even if such a provision were to exist, it would likely be unconstitutional as it treats people whose vehicles are similarly situated differently. Because it is impossible for some residents to comply with the law, permanent exemptions are required. In fact, notwithstanding the No Parking Anytime prohibition, dozens of vehicles are parked on Manor' streets at virtually anytime of the day or night. Under existing law, the police officer assigned to patrol the Manor is expected to drive past the dozens of vehicles that have been granted exemptions, if he or she can discern which they are, and ticket those that may have been parked by commuters or people attending a function at one of the parks. Because the vehicles of commuters and park goers present no greater hazard parked on the streets than do the vehicles granted exemptions, enforcement of tiiiis nature is unlawful in that it violates the New York State Constitution. �There is little doubt that while the current blanket prohibition may not be necessary, some restriction is required to ensure that commuters do not deprive homeowners of the right to park on the street in front of their homes. Although there were only two instances last summer where overflow parking from the parks became a problem, the board may also wish to discourage that conduct and provide sanctions if it takes place. Understanding that the law should be enforced against all people equally, I have provided you with a number of alternatives to address these possibilities. The least restrictive of my preferred choices is to replace the present prohibition with one that does not allow parking between 7:00 a.m. and 8:00 a.m. Monday through Friday which would discourage most commuters. This period could be lengthened if it did not provide enough time for street cleaning. Adding an additional restriction that would cover the period 8:00 a.m. to 6:00 p.m. on the weekends during June througli September would serve to further address the park overflow problems. Finally, a No Parking restriction covering the period 8:00 a.m. to 6:00 p.m. Monday through Simday would deter virtually all commuter and overflow parking while allowing residents and guests to park on the streets outside these periods. I thank the Board for opening debate on this issue and ask that whatever option or alternative is selected that consideration be given to its legal viability and the Police Department's ability to provide adequate enforcement. �PETITlQiN 525 RIVERSIDE DRIVE PARKING SLEEPY HOLLOW, HY 1 Q 5 9 1 We the residents of 525 Riverside Drive have signed this petition in the hopes that you can help us with our unique parking situation. As you may be aware, our house is over 100 years old and cannot accommodate the present carload. Each apartment is assigned one offstreet parking spot. A few of us have more than one vehicle and some of us have children. We look forward to working together with you to resolve our parking problems. Thank you. H 52.5 R^V-g^rAe -^.l �John Whysner MD PhD D ABT 166 Farrington Avenue Sleepy Hollow, NY 10591 November 30,2010 Mayor Kenneth Wray and Trustees Tom Capossela, Bruce Campbell, Barbara Carr, David Schroedel, Evelyn Stupel, and Karin Wompa Dear Mayor and Trustees: I am a 23-year resident of Sleepy Hollow and a physician. I am opposed to allowing parking in Philipse Manor the following reasons: ® There are no sidewalks on many streets of the Manor. For example, my street Farrington has no sidewalks between Mum'oe and Riverside. If there are no sidewalks and if cars are parked in the streets, where do residents walk? This includes children coming home from the bus. In the middle of the street? ® The leaf blowers and residents pile their leaves on the curb, and if the cars are parked next to the curbs, where will the leaves go? In the middle of the street? Clearly, before the Village can consider any change to the parking regulations new sidewalks would need to be built, and there would have to be a ban on the storage of leaves in the street. I oppose changes in the parking ban in Philipse Manor. Sincerely, John Whysner MD, PhD, DABT �loO^ PARiCING SURVEY RESULTS!!!! We received responses from almost two-thirds of Philipse Manor households. The breakdown was ® 211 voted to keep the no-parking restrictions as they are now » 9 voted to ease the restrictions Of those who voted to keep no-parking, the most often cited reasons were the desire k e ^ Philipse Manor from becoming a parking lot for the various attractions around (train, park, restoration, river, etc.), child safety, reduction in the number of strangeis around the neighborhood, and pedestrian safety (It was pointed out that some streets have no sidewalks, so pedestrians would have to walk down the middle of streets if there were cars parked along them). Of those seeking a change, the cited reasons were inconvenience or lack of driveway parking and a perceived 'classist' attitude of those who want to keep out street parkers. Mayor Phil ZegareUi attended our September PNMIA Board meeting, and after hearing the response has agreed that there will be no change in parking reluiation and hence no public hearing on the matter. Thanks to all who responded!!! �Meeting Date: Resolution #: 11/30/2010 11/171/2010 Resolution of the Board of Trustees of the Viftage of Sleepy Hollow Approving Change Order for U.S. Route 9 Culvert Replacement Project WHEREAS, the Board of Trustees entered into a contract with Bradhurst Construction Corporation of Valhalla, New York to replace a drainage culvert, curbs, and sidewalks on U.S. Route 9; and WHEREAS, the contract was awarded based on the lowest unit price bidder; and WHEREAS, the Board of Trustees has requested to replace the street trees, brick pavers and electrical junction boxes to complete the project; and WHEREAS, Bradhurst Construction Corporation agrees to perform the additional work pursuant to the attached Change Order at the same unit price; and if the Village Engineer has reviewed the Change Order and has to recommended its approval; and WHEREAS, funding for said project is being paid for from the 2009-2010 Capital Budget. NOW, THEREFORE, BE IT RESOLVED that the Mayor is herein authorized to execute the attached Change Order for additional work. Moved: Trustee Campbell Seconded: Trustee Carr Vote: 6-0 �Putnam Business Park 1o89 Route 22 Brewster, MY 10503 jhahn@hahn-Bng.com Tel: 345-279-2220 Faxt 845-279-8909 MEMORANDUM To Anthony GiaccioVillage Administrator From Paul Vt}ipicdii Senior Frojept Inspector Dated October 19,2010 Stibject Change Order #3 ~ Street Trees and Pavers U.S. Ronte 9 Culvert Replacement Project Village of Sleepy Hollow Attached for your review and approval, please find two copies of Change Order #3, daied October Ig, 2010 in the ammnt dfS9,100.00 for the referenced project This work was discussed during a site meeting with Bradhurst Site Construction, Hahn-.Engineering and Ihe Village on September 13, 2010, As requested by the Village, this Change Order includes street frees, stump reindv^, bnck pavers and Belgi^ Block from' #283 North Broadway, proceeding ^outh, to Beekman Avenue, on the west side of Route 9, as recently requested by the Village. A single hand rail at the doorway to #285 N, Broadway is provided in the change order, also as requested by the Village. At tiiis time our office has acquired a proposed sketch from Westchester County Dept. of Planning indicating addition^ site improvements to be installed at this location. The duration of the work is estimated to be 1 week. At this time, approximately S3,500.00 of unused quantities will offset some of the costs of this change order work. If there are any questions or comments, please do not hesitate to contact me at your earliest convenience. _ A 7 PV cc: Mark Pugni, Bradhurst Construction (Fax# 914-592-7030) Suzette Lopane, R.L. A.,Westchester County Department of Planning (Fax# 914-995-9093) P:\Village of Sleepy HollowVRt 9 Culvert RcplaccmenlNCorrespoDdenceWiilageVAG Meiho COS - Trees and Pavers.doc E N V I R O N M E N T A L S T U D I E S A N D C I V I L R E P O R T S E N G D B S N E E R 1 N G G N WEF �CHANGE ORDER NO. 3 October 18, 2010 PROJECT: U.S. Route 9 Culvert Replacement Project Village of Sleepy HoUow CONTRACTOR: Bradhurst Site Constmetion 140 Bradkiirst Avenue Valhalla, NY 10595 TO: Mr. Mark Pugni You are directed to males the following changes to tiie referenced project The work should be paid for as per die prices sliown below. DESCRU^TION: _^ In addition to- new curbs and sidewalks, from #283 N. Broadway, proceeding south to the iatersection of Beekman Avenue, tMs change-order includes street trees, brick pavers and electrical junction boxes, no power disfiibution. See attached 'Broadway Sidewalks" sketch, dated 9/13/10 and 'handrail Detail'', dated 9/21/10. The handrail location will be verified in the field with the Village. COST SUMMARY: • Item # & Work Descrintion: ElecMcal Junction Boxes 2 Each Stump Removal 4 Bach (Trees to be cut and removed by the Village) Brick Pavers (At proposed light locations) 130 SF Belgian Block Border at Tree Pits 60 LF Ginkgo Biloba Trees 2 - 3" Caliper 2 EA (Princeton Sentry) -Handrail at jj!285 N. Broaiway (Approximately 36 inches high, by 40 inches long. Includes 13 inch deep footing, approximately 8 inches in diameter, l-.5.mch posts, top rail, black powdercoating) Unit Cost $ 775:.00/EA I soaoo/EA Cost Hxtengion S 1,550.00 $ 800.00 S $ S 15.00/SF 20.00/LF 750.00 / EA S 1,950.00 $ 1,200.00 $ 1,500.00 £ 2,100.00/EA S 2.100.QQ Page 1 of 2 �Change Order No. 3 US Route 9 Cnlvert Replacement Project Village of Sleepy HgUow October 18,20X0 TOTAL COST OF CHANGE OEDERr NEW CONTRACT PRICE: Contract price prior to this Cb^ge Orderi Increase resulting from this Change Order: New Contract price iiiGlnding this Change Order: $ S S 225,153.91 9,100.Qt) • 23^,253.91— The above changes are recommended fdr approval: H ^ Engdneenng Village CoEsaltmg Engineer By: James J. Habn, P.E. Dated: The above changes are accepted: Village of Sleep VHoIlow Mayor By: Kenneth Wray Dated: Tlie above changes are accepted: Bradhurst Site Constniction Gen^aJ Contractor By: Mark PEgni Dated: Page 2 of 2 P:\Village of Sleepy HollowXRt 9 Cnivert Replacement\Carrespondenc;e\ViiIage\CO 3 - Trees, haodrail, Jxn Boxes.doc �Meeting Date: Resolution #: 11/30/2010 11/172/2010 Resolution of the Board of Trustees of the Vilfage of SSeepy Hollow Approving Agreement with Westchester County for Remote Public Viewing Application System WHEREAS, Westchester County has created an internet-based public viewing system of iand records entitled "Westchester County Land and Legai Records Public Viewing Application" herein (L81LR) and made it available at no cost to municipal governments; and WHEREAS, although the information will be available to the public, access to the L&LR system will be limited to staff from the Department of Architecture, Land Use Development, Buildings and Building Compliance via user identification numbers and passwords; and WHEREAS, the L&LR system streamlines the manual, labor-intensive, costly and time consuming process currently utilized by the Westchester County Clerk's Office for the preparation and dissemination of deeds, mortgages and other land records documents; and WHEREAS, the Village of Sleepy Hollow will benefit from this system as a result of this increased efficiency; and WHEREAS, the proposed Intermunicipal Agreement with the Village of Sleepy Hollow would grant remote access to the L&LR system for a three (3) year period, commencing on January 1, 2011 and ending December 31, 2014; and WHEREAS, said agreement has been reviewed and approved as to form by the Village Attorney. ' MOW, THEREFORE, BE IT RESOLVED that the Mayor is herein, authorized to execute the attached Intermunicipal Agreement with Westchester County to provide for remote access to the Westchester County Land and Legal Records Public Viewing Application System. Moved: Trustee Carr Seconded; Trustee Stupel Vote: 6-0 �MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF WESTCHESTER LICENSE AGREEMENT made this between: day of , 200 , by and THE COUNTY OF WESTCHESTER (hereinafter referred to as the "County"), a mimicipai corporation of the State of New York, having and office and place of business in tlie Michaelian OfTice Building, 148 Martine Avenue, Wliite Plains, New York, 10601 and Village of Sleepv Hollow (hereinafter referred to as the "Licensee")^ located at 28 Beekman Avenue Sleepy Hollow, NY 10591 WHEREAS, the County desires to provide a license for remote access to the County Clerk's land records and legal files; and WHEREAS, the Licensee desires a license for the privilege of utilizing such remote access to the County Clerk's record; and NOW, THEREFORE, the parties hereto agree upon the premises, terms and cojiditions as follows: 1. Licensed Access; The County hereby grants to the Licensee a License at no cost for the use of ( 4 ) assigned user ID's from the Westchester County Clerk's system that would permit Licensee to connect computer terminal(s) foi remote web access to the County Clerk's land records and legal files. Licensee accepts the land records and legal file information on an is" basis and the County provides no warranty as to the accuracy of the information. To the extent permitted by law, the County disclaims all liability for the information contained in the files and records. �Confitientiaiiiy: The Licensee agrees that, except in accordance with proper judicial order or as otherwise provided by law, the Licensee and any person employed, or otherwise engaged, by such Licensee who by virtue of such employment or engagement is given access to the County Clerk's Office land and legal records pursuant to this License, shall not divulge or make known in any mamier any confidential information, such as social security numbers^ contained in such records. 3. Conduct of Operations: The Licensee assumes all risk of operation and shall provide, at its sole cost and expense, all equipment and hardware, as determined by the County, necessaiy to gain access to the County Clerk's records. The County shall not be responsible as a bailee or otherwise for any equipment or hardware or other personal property of the Licensee, or its employees, used to gain remote access, The Licensee hereby waives any claim for loss or damages Sustained to any personal property^ including, without limitation, theft or other casualty. The Licensee further agrees; (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Licensee shall indemnify and hold harmless the County, its officers, employees and agents from and against any all liability damage, claims, demands, costs, judgments, fees, attorneys' fees, or loss arising directly or indirectly out of the acts or omissions hereunder by the Licensee and third parlies under the directio]i or control of the Licensee; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this License and to bear all other costs and expenses related thereto. 4. Term and Ternii»atioti: The term of this License shall be for a period of one year commencing on Januaiy 1,2010 and terminating on December 31, 2010, with the County Clerk's option to extend the License for three additional one-year periods on the same terms and conditions. This License shall be extended for an additional one year period automatically upon Licensee's receipt of a letter notice from the County Clerk advising Licensee the of County Clerk's decision to exercise it's option and extend this License for an additional one year period. In addition, this License may be terminated by the County upon thirty (30) days written notice to the Licensee when, in its sole discretion, the County deems it in its best interest to do so. Licensee shall have the right to terminate tjiis License npon thirty (30) days written notice to the County when, it is sole discretion, Licensee deems it in its best interest to do so. 5. No Lease: It is expressly understood and agreed that no equipjnent or space is leased to the Licensee. No exclusive rights for remote access (other than the licensed user ID's granted herein) are granted by this License. Notices: Ail notices of any nature referred to In this License shall be in writing and either sent by reguiai" mail or overnight courier, or sent by facsimile (with acknowledgement 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 writijig. Notice shall be effective on the date of receipt, or in the case of notices sent by regular mail, notice shall be effective three business days after the date of mailing. �To The County: Timothy C. Idoni , Westchester County Clerk 110 Dr. Martin Luther King Jr. Blvd. White Piams, NY 10601 And a copy to: County Attorney Michaelian Office Buildings Room 600 148 Martine Avenue White Plains, New York 10601. To the Licensee: Village of Sleepy Hollow 28 Beekraan Avenue Sleepy Hollow, NY 10591 With a copy to: Such addresses shall be subject to change from tline to time as may be specified in writing. Assignment: It is understood and agreed that this License and the privileges granted hereunder and exclusively personal in nature and the Licensee may not assign, convey, sell, transfer (including but not limited to an attempt to transfer this License pursuant to a sale or transfer of all or part of this Licensee's assets), or otherv/ise dispose of this License. Any attempted or purported assigmiient, subletting, or transfer of this License or any rights granted hereunder without the express written consent of the County is void. �8, Entire Agreement: This License md its attaclmients constitute the eiitiie agreement between the pairties hereto with respect to the subject matter hereof and shall not be enforceable until signed by both parties and approved by the Office of the Co"unty Attorney, ,200_ day of _ Signed this T I I E COUNTY OF ^¥ESTCI^ESTER By: Timothy C. Idonx, County Clerk LICENSEE : / By: L P l ^ 6 Title: V\_ g.^ Date: Approved as to form and maimer of execution Assistant Comity Attorney The County of Westchester K/d/cccfmuni remote access license 10.9.08 �CERTIFICATE OF AUTHORITY i, A r > V k o r , t A iirt^CC.^13 certify that i am the Q A ^ g ^ ^ C A-A {C^ffir^af otherkhan r\fhcir^Hii:)n officer nffi/^orsigning wfrf/i/'n/rcontract) nnnfri^mf) fTsflfil (Officer (Title) of t h e \ ) a corporation duly organized and in good standing (Name of Licensee) under the (Law under which organized, e.g,, New Yorl< Business Corporation foregoing agreement; that u) r ^ ^ (Name of person executing agreement) behalf of the Licensee as, at the time of execution named in the Law) who signed said agreement on V A M {Title of such person) of the Licensee And 1 further certify that said agreement was duly signed for and in behalf of said Licensee by authority of its Board of Directors, thereunto duly organized, and that such authority is in fuii force and effect at the date hereof. (CORPORA TE SEAL) Sigiiature STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) came On this . day of before me persoiially me i^nown and known to me to be the o^'lkQ (A' ''I l&y; ^ ofI? H&/X i J f/d/AXtJ the corporation described in and which^^executed I, j'i the above certificate, who being by me duiy sworn did depose and say tliat he/she the said ' resides at 1 0 (j^K KMSril^'^)^ ) //h , and that he/she } ^ , corporation, \J lLO-^QA that • fA^xH/'/ ^ ^ to /ClTO^'o\ said corporation i<nows seal the corporate seal of isthe j said the sea! affixed the above certificate is such and corporate and tiiat it was affixed to the above certificate by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by lil<e order. �BE IT RESOLVED, that tlie Mayor and the Board of Trustees hereby approve bagging the parking meters for the holiday season starting December 6, 2010 until January 3, 2011. I^oved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �Whereas, former employee, Sgt. Paul Hood, filed a grievance with the Village regarding the amount of longevity pay he received for the years 2008, 2009, and 2010 and, Whereas, Village counsel reviewed the Village's contract with the PBA and determined there was merit to said grievances; and Whereas, the Public Safety committee negotiated a settlement with the former employee that they believe it is in the best interest of the Village, Now, Therefore, Be It Resolved, the Board of Trustees hereby authorizes the Village Administrator to settle former Sgt. Hood's grievance in the amount of $1,500.00 In full satisfaction of all claims and grievances by former Sgt Paul Hood against the Village of Sleepy Hollow; and Be It Further Resolved, the Village Treasurer is directed to pay the amount of $1,500.00 to former employee, Sgt Paul Hood. Moved: Trustee Capossela Seconded: Trustee Schroedel Vote: 6-0 �Whereas, Village employee, Sgt. Thomas Eaton, filed a grievance with the Village regarding the amount of longevity pay he received for the years 2008, 2009, and 2010 and. Whereas, Village counsel reviewed the Village's contract with the PBA and determined there was merit to said grievances; and Whereas, the Public Safety committee negotiated a settlement with the Village employee that they believe it is in the best interest of the Village, Now, Therefore, Be It Resolved, the Board of Trustees hereby authorizes the Village Administrator to settle Sgt. Eaton's grievance in the amount of $1,500.00 In full satisfaction of all claims and grievances by Sgt. Thomas Eaton against the Village of Sleepy Hollow; and Be It Further Resolved, the Village Treasurer is directed to pay the amount of $1,500.00 to Village employee, Sgt. Thomas Eaton. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 �BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of James Wiiliam Yancey Jr, from Ossining, NY to the Department of Public Works as a Part-Time Laborer at an hourly rate of $15.00, effective December 1, 2010. Moved: Trustee Schroedel Seconded: Trustee Carr Vote: 6-0 �BE IT RESOLVED, the Board of Trustees hereby confirms the Mayor's appointment of Arlene Morei, from Yorktown Heights, NY to the Finance Department as Payroll Clerk at an annual salary of $53,000.00 effective November 29, 2010. BE IT FURTHER RESOLVED, that this resolution supersedes resolution #163, dated on November 2010. FURTHERMORE, said appointee is subject to a probationary period of fifty-two weeks and subject to the approval of Westchester County Civil Service. Moved: Trustee Stupel Seconded: Trustee Schroedel Vote: 6-0 �Meeting Date: Resolution #: 11/30/2010 11/178/2010 BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow authorize the Mayor of Sleepy Hollow to sign the attached Inter-Municipal Agreement with Westchester County to have a connection to the DEP owned Catskill/Delaware Ultra Violet Disinfection Facility Water Treatment Plant Moved; Trustee Schroedel Seconded: Trustee Stupel Vote: 6-0 �THIS AGREEMENT made the day of 2010 by and among: THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Buildmg, 148 Martme Avenue, White Plains, New York 10601 (the "Comaty"); and 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, 2"^ Floor, New York 10591 (the "Village"); and WHEREAS, the County purchases raw water from the City of New York ("NYC") pursuant to a water supply agreement by and between the County and the New York City Department of Environmental Protection ("DEP"), as may be amended from time to time; and WHEREAS, the Village purchases raw water from NYC pursuant to a water supply agi'eement by and between the Village and DBP, as such agreement may be amended from time to time; and WHEREAS, pursuant to the Environmental Protection Agency's ("EPA") Long Temi 2 Enhanced Surface Water Treatment Rule, a specified level of treatment must be provided to drinking water in accordance with the EPA's rules; and WHEREAS, County Water Districts No. 1 ("District No. 1") and No. 3 ("District No. 3" and together the "Districts") anticipate using ultraviolet light ("UV") treatment to meet these new standards; and WHEREAS, the Village has requested that the County assist it in acquiring UV treated water to meet the EPA's requirements; and WHEREAS, the County is willing to facilitate this request in accordance herewith; and WHEREAS, Section 111 of the General Municipal Law empowers two or more municipalities to enter into a contract to provide for a common supply of water, including joint acquisition, constmction, operation and maintenance; and p WHEREAS, the New York City Department of Environmental Protection ("DEP") has advised the County that it will provide UV treated water to the County and any other interested parties via a connection consisting of two (2) 48 inch pipes (the "DEP Pipeline Connection") to the DEP~owned Catskill/Delaware Ultraviolet Disinfection Facility (the "Eastview UV Facility") currently being constructed by the DEP at its Eastview site adjacent to the County's Valhalla Campus at Grasslands; and �WHEREAS, the County anticipates entering into a license agreement with the New York City Water Board, pursuant to which the County will be granted a license to facilitate connection to the Eastview UV Facility via the DEP Pipeline Connection (the ''License Agreement"); and WHEREAS, the County will construct, in the vicinity of the DEP Pipeline Connection, a County-owned distribution chamber (the "County Distribution Chamber" and together with the DEP Pipeline Connection the "DEP Connection") to facilitate connection to and distribution of DEP UV treated water from the DEP Connection; and WHEREAS, Districts and DEP are not currently required to provide filtered water pursuant to their respective filtration avoidance determinations (each a "FAD" and collectively the "FADs") issued by the New York State Department of Health ("NYSDOH") and/or the EPA; WHEREAS, the County has been advised that DEP is designing a water filtration plant for a site located adjacent to its Eastview UV Facility; however, DEP has not confirmed that the filtration plant will be constructed at this site or that filtered water will be provided to the parties via the DEP Pipeline Connection should such a filtration plant ever be constructed; and WHEREAS, by letter the Village, among others, has advised DEP of its desire to reserve a specified maximum capacity of DEP UV treated water, which water may be accessed via the DEP Connection; and WHEREAS, DEP has consented to inclusion of the Village Maximum Capacity (defined below) in the DEP Connection Capacity (defined below); and WHEREAS, at the request of DEP, the County has agreed to serve as the liaison with the parties reserving capacity in and/or utilizing the DEP Connection provided that any such parties agree to pay the County, their pro rata share of the costs associated with the DEP Connection, as may be determined on a pro rata basis based upon each parties respective maximum flow, and agree to comply with all applicable water conservation regulations, policies and procedures; and WHEREAS, as a result of the stated maximum capacity needs of the parties reserving capacity in the DEP Connection (as more fully set forth in Schedule "A" hereto), including without limitation the Village, the County has been advised that the DEP Pipeline Connection has been designed to meet or exceed the currently stated maximum capacity of 101.2 million pgallons per day (the "DEP Connection Capacity"); and p WHERJEAS, the County has agreed, subject to the receipt of ail applicable approvals to reimburse DEP for its costs related to construction of the DEP Pipeline Connection; and WHEREAS, the County has not yet estimated the cost of the proposed County Distribution Chamber; and �W H E R E A S , the Village is desirous of paying its pro rata share of the costs of the proposed DEP Cormectioii; and NOW, T H E R E F O R E , the parties hereto in consideration of the terms and conditions herein contained do agree as follows: 1 • Recitals. The above recitals are hereby incorporated by reference into the body of this Agi-eenient. 2, Mutual Agreements. The parties hereby acknowledge and agree that: (a). County Authority. The County shall act as the sole point of contact with DEP in connection herewith. The County, in conjunction with DEP, shall develop all cost estimates, specifications and plans, for the project; and (b). SEORA- A coordinated review pursuant to the State Environmental Quality Review Act ("SEQRA") must be completed prior to any proposed construction, including without limitation the proposed DEP Connection. (c). Maximum Capacity. The Village hereby acknowledges and agrees that the Village has requested reservation of a maximum capacity (the "Village Maximum Capacity") of 3.95 million gallons per day ("MOD''), which will be used to serve the Village's residents in its municipal service area. 3. County Obhgations. The County grants the Village the right to connect to the DEP Connection in order to facilitate the taking of UV treated water from DEP up to the Village Maximum Capacity in accordance with the tenns hereof. The parties acknowledge and agree the License Agreement is necessary to enable the proposed DEP Coxmection and that the terms thereof shall be deemed incoiporated herein once approved and executed. Term. The tenii of this Agreement shall commence upon execution and shall continue, pursuant to Section 119-0 of the General Municipal Law, for a period commensurate �with the period of probable usefulness of the bonds anticipated to be issued by the County to finance the County Distribution Chamber currently estimated to be 40 years, unless terminated sooner in accordance with the terms hereof. 5. Village Obligations. For the right granted pursuant to Section "3" above, the parties hereto agree that the Village will pay an amount equal to its pro rata share of the costs of the DEP Connection (including those assumed by the County for the DEP Pipeline Connection, as well as such costs as may be incurred by the County in connection with construction of the County Distribution Chamber) based upon the requested the Village Maximum Capacity in direct proportion to the DEP Connection Capacity, as more fully set forth in Schedule "A," which is attached hereto and forms a part hereof, as well as the Village's pro rata share of any on-going operation and maintenance ("O&M") costs and expenses assumed or incurred by the County in connection herewith. The County shall issue invoices to the Village for the cost of the following: the DEP Connection, based upon tibe County's debt service obligations to DEP for the DEP Pipeline Connection, as more fully set forth in Schedule "A;" its own debt obligations for the County Distribution Chamber (once established); and the Village's pro rata share of any on-going operation and maintenance ("O&M") costs and expenses assumed or incurred by the County in connection with the foregoing. The County shall issue invoices in connection with the foregoing on a twice yearly basis and the Village agrees to remit payment for such invoices to the County within thirty (30) days of receipt thereof. -Notwithstanding the foregoing, the Village's obligation to pay costs related to the DEP Pipeline Connection hereunder shall terminate if the County's obligations to pay DEP terminate pursuant to the terms of the License Agreement. The parties acknowledge and agree that the DEP Connection Capacity may be increased up to a total maximum daily capacity of 120 million ^llons, and in the event that any additional party or parties commitment to pay their pro rata p share to reserve any available additional capacity, then the pro-rata cost of the connection to the existing participants, including without limitation the Village, will be recomputed and reduced based on the same formula and criteria as noted herein. �The Village further acknowledges and agrees that it is responsible to construct any facilities necessary to convey water from the DEP Connection to the Village's ultimate distribution facilities, including without limitation any additional water treatment as may be required. The Village must obtain any and all approvals necessary for the foregoing, at its sole cost and expense. The Village acknowledges and agrees that it is responsible fox any additional costs and expenses associated with the foregoing, including without limitation construction, design and O&M necessary in connection with the conveyance of UV treated water from the DEP Comiection to the Village's ultimate distribution facilities; any additional water treatment required; all necessary approvals; and for the cost of all water taken from DEP at the then applicable rate as may be set by DEP. All of the provisions of this Section "5" will survive the expiration or other teiTnination of this Agreement. 6. Acknowledgments. The Village agrees and aclaiowledges as follows: (a) that the County's sole obligations hereunder are set forth in Section 3 above; (b) that the County shall be the sole coordinator of design and construction with respect to the DEP Connection; (c) that all consultant(s), chosen by the County in accordance with its rules and regulations in furtherance hereof, shall act only upon the direction of the County; (d) that any supply of water is derived from DEP, and as such, DEP has the right to install a flow control valve(s) to order to control water supply in accordance with law and the County has no obligations whatsoever with respect to such water supply; and (e) that the County does not guarantee that DEP will, at all times, be able to provide the stated Village Maximum Capacity of UV treated water and that in no event shall DEP have any obligation to distribute UV treated water in excess thereof; and �(f) that the Village is liable for all costs hereunder, including without limitation, for the buy-in costs for the DEP Connection, regardless of whether the DEP Pipeline Connection costs exceed the current estimate of $5,064,000 and understanding that the County has not estimated the costs related to constructing the proposed County Distribution Chamber; (g) that the County has no responsibility whatsoever for any obligation, liabihty, fme or time constraint of the Village in connection herewith; (h) that in the event that DEP should fail to construct the DEP Pipeline Connection, tlie County shall have no further obligation hereunder with respect to said connection; (i) that should the County fail to obtain any necessary approvals in connection herewith, including without limitation, in relation to the DEP Connection, any necessary permits, NYSDOH approval, environmental clearances and/or passage of a mandatory referendum, then the County shall have no fiirther obligation hereunder with respect thereto. In such event the Village may petition DEP directly to order to request access to DEP UV treated water; (j) that neither the County, nor DEP has an obligation to provide any additional treatment to water provided hereunder other than UV treatment and the Village is solely responsible to provide any such necessary treatment for such water, including without limitation, addition of sodium hypochlorite, pH adjustment, corrosion control and fluoride and any costs associated therewith; (k) that the Village shall abide by all applicable water conservation regulations, policies and procedures, including without limitation, as may be promulgated by DEP, NYSDOH and Cpunty, pursuant to a water supply agreement between the County and DEP and as may be set f' forth in Schedule "B," which is attached hereto and made a part hereof, noting that such pohcies and procedures may be amended from time to time; and (1) that the Village and its respective officers, employees, agents, sub-consultants and/or consultants are independent contractors and not employees of the County or any department, �agency or unit thereof and, in accordan,ce with said status as independent contractors, the Village agrees that neither it, nor any of its respective officers, employees, agents, customers^ contractors, sub-consultants and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof; and (m) that the Village is responsible, at its sole cost and expense, for compliance with any applicable rules, regulations or obligations as a supplier of water, including without limitation obtaining any necessary FAD, noting that the FADs issued to DEP or the Districts do not include the Village. 7. Representations and Warranties. The Village expressly represents, waixants and guarantees to the County that: (a) It is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of New York. The execution and perfonnance of this Agreement by tlie Village has received all required approvals, including without limitation, authorization by its governing body; this Agi'eement constitutes a legal, valid and binding obligation of the Village enforceable against the Village in accordance with its terms; and Village will deliver to the County at the time of execution of this Agreement a resolution adopted by its governing body authorizing the execution of this Agi'eement, and any other documents required to be delivered by the Village; (b) The person signing this Agreement on behalf of the Village has full authority to bind the Village to all of the tenns and conditions of this Agreement; ' (c) The consummation of the transactions contemplated by this Agreement and the perfonnance of the Village's obligations hereunder will not result in any breach of or constitute a default under other instruments or documents to which the Village is a party or by which it may be bound or affected; and �(d) The Village has not employed or retained any person, other than a bona fide full-time salaried employee working solely for the Village to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide fulltime salaried employee worikxag solely for the Village) any fee, commission, percentage, gift or other consideration, contingent upon, or resulting from, the award or making of this Agreement. For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled, or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate this Agreement without liability, and to deduct from the contract price, or otherwise to recover, the full amount of such fee, commission, percentage, gift or consideration. The parties hereto acknowledge that the County is acting in rehance on the above. 8. Termination, (a) In the event the County determines that the terms and conditions contained herein have not been complied with, including without limitation failure of the Village to pay any amounts due and payable to the County hereunder and such non-compliance remains uncured for thirty (30) calendar days after service on said parties of written notice thereof, the County may seek any and all appropriate legal and/or equitable remedies, including, but not limited to, damages, attorney's fees, court costs, specific performance, injunctive or other equitable relief, including without limitation teinaination of this Agreement. The County, in its sole discretion, may agree to stay any enforcement beyond such thirty (30) day period, provided however that the County determines that the Village is diligently and continuously acting to cure said non-compliance. Without limiting the foregoing, upon written notice to the Village repeated non-compliance with the duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. Notice shall be delivered pursuant to the below "Notice" provision. p (b). Notwithstanding the foregoing, the parties agree that the obligations set forth in Section 5 above to pay the County tlie pro rata share of the costs and expenses associated and the DEP Connection shall survive any termination of this Agreement. �9- Insurance. The Village agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "C", entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "C", the Village agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Village v/ill each indemnify and hold hannless the County, its officers, employees, agents, and elected officials from arid against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of this Agreement; and (b) To provide defense for 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. All of the provisions of this Section "9" will survive the expiration or other teraiination of this Agreement. 10. Anti-Piscrimination. The Village expressly agrees that neither it nor any of its respective, consultants, sub-consultants, employees, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or earner status during the term of or in connection with this Agreement, as those tenns may be defined in Chapter 700 of the Laws of Westchester County. The Village acknowledges and understands that the County maintains a zero tolei'ance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. 11. Applicable Law. The Village shall, at its sole cost and expense, comply with the provisions of all applicable local, state and federal laws, mles and regulations, including, but not limited to, those promulgated or enforced the EPA, DEP, NYSDOH or applicable to the Village as an employer of labor. The Village shall further comply, at its sole expense, with all applicable rules, regulations and licensing requirements pertaining to their professional status and that of �their employees, partners, associates, sub-consultants and others employed to render any work hereunder. 12. Intellectual Property. All records or recorded data of any kind compiled pursuant to this Agreement, including but not limited to written reports, studies, drawings, blueprints, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall become and remain the property of the County. 13. Confidentiality/FOIL. Unless prior written consent from the County is obtained or except as required by law, the Village shall not, and shall ensure that their agents and/or customers shall not, disclose, reproduce, use for purposes other than those expressly permitted herein, sell, license, afford access to, distribute, or disseminate any information obtained from the County or its consultant(s) in connection herewith. The Village shall use reasonable controls to protect the confidentiality of and restrict access to all such information to those permitted persons having a specific need to know the same for purposes expressly authorized herein, and render unreadable prior to discarding, all records containing such information. In any event such controls shall be no less protective than those the Village uses to secure and protect its own confidential information. The parties agree and acknowledge that pursuant to the New York State Freedom of Information Law ("FOIL"), all records are presumptively disclosable, unless they fall into one or more of the listed exemptions. The Village agrees and acknowledges that it will treat records disclosed to them hereunder as exempt from disclosure under FOIL, pursuant to New York State Public Officer's Law §89(5)(l-a), on the grounds that said documents contain crucial infijastructure information, and the disclosure could endanger the life or safety of County personnel and the general public; pm'suant to New York State Public Officers Law §86(5); §87(2)(f); §87(2)(i); and §89(5). �The Village shall notify the County within five (5) days of receipt by the Village of an original or copy of a summons, complaint, process, notice, demand, pleadmg or any FOIL request arising directly or indirectly out of this Agreement. Delegation. The Village shall not delegate any duties or assign any of its rights under this Agreement without the prior express written consent of the County. Any purported delegation of duties or assignment of rights by the Village under this Agi'eement without the prior express written consent of the County is void. ,15. Miscellaneous. Pursuant to Act No. 56-1999, no County procuring officer may award or recommend for award any contract not subject to competitive bidding to a party that does not execute a certification in substantially the form attached hereto and fonning a part hereof as Schedule "D". Therefore, the Village agrees, as part of this Agreement, to complete the foiTn attached hereto as Schedule "D". Waiver. Failure of the County to insist, in any one or more instances, upon strict perfonnance of any tenn or condition herein contained shall not be deemed a waiver or relinquishment of such tenn or condition, but the same shall remain in full force and effect. 17. Notices. All notices of any nature refeixed to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by registered or certified mail, postage pre-paid), as 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. Notices shall be sent to the following: T o the County: Commissioner Westchester County Department of Environmental Facilities 270 North Avenue floor New Rochelle, New York 10801 �with a copy to: Westchester County Attorney Michaelian Office Buildings Room 600 148 Martine Avenue White Plains, New York 10601 To the Village of Sleepy Hollow Village of Sleepy Hollow Attn: Office of the Mayor 28 Beekman Avenue ~ Floor Sleepy Hollow, New York 10591 with a copy to: Village of Sleepy Hollow Attn: Town Counsel 28 Beekman Avenue Sleepy Hollow, New York 10591 Captions. The captions are inserted only as a matter of convenience and for reference and in no way defme, limit or describe the scope of this Declaration nor the intent of my provision thereof 19. Entire Agreement. 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. Any extension or other modification of the terms hereof shall be subject to receipt of all necessary approvals, p In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. �20. Third Party Beneficiary. Nothing herein is intended or shall be constmed to confer upon or give to any third paity or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement. 21. Choice of Law. This Agreement shall be constmed and enforced in accordance with the laws of the State of New York, In addition, the parties hereby agi'ee that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. 22. Invalidity. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such tenn, or provision shall be restricted in applicabihty or reformed to the minimum extent required for such to be enforceable. This provision shall be intei-preted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. 23. Required Disclosure. Attached hereto and fonning a part hereof as Schedule "E" is a questionnaire entitled "Required Disclosure of Relationships to County." The Village agrees to complete said questionnaire as part of this Agreement. In the event that any infonnation provided in the completed questionnaire changes during the temi of this Agreement, the Village agrees to notify County in writing within ten (10) business days of such event. If applicable, the Village shall also have each approved subcontractor complete this questionnaire and shall advise the subcontractor of the duty to report any changes to the information contained therein within ten (10) business days of such event and such infonnation shall be forwarded to the County. p 24. Conflict of Interest. The Village shall use all reasonable means to avoid any conflict r of interest with the County and shall immediately notify the County in the event of a conflict of interest, the Village shall also use all reasonable means to avoid any appearance of impropriety. �25. Exclusivity. The Village acknowledges and agrees that this Agreement does not grant them any exclusive rights and that the County may, in its sole discretion, enter into similar agreements with other municipal entities and/or water districts. 26. Execution. 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 not be enforceable until signed by all parties and approved by the Office of the County Attorney. [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK.] p p �IN WITNESS W H E R E O F , the below listed parties have caused this Agi'eement to be executed as of the date first written above. T H E COUNTY O F W E S T C H E S T E R By: Name: Title: VILLAGE O F SLEEPY H O L L O W By: _ Name: Title: Authorized by the governing body of the Village of Sleepy Hollow at a duly held meeting on the day of 2010. Authorized by the Westchester County Board of Legislators pursuant to Act. 60-2010, Authorized by the Board of Acquisition and Contract of the County of Westchester at a duly held meeting on the day of October 2010. Approved as to form and manner of execution County Attorney County of Westchester K:Ramos;DXF;Villages: draft IMA Sleepy HoDow 7/14/IO.doc �ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF On the ) ) ss.: ) day of in the year 2010 before me, the undersigned, personally appeared , 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/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Date: Notary Pubhc RPL § 309-a; NY CPLR § 4538 �CERTIFICATE OF AUTHORITY (CORPORATION) I. • (Officer other than officer signing contract) certify that I am the > of (Title) the (Name of Coiporation) a coiporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporation Law) named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the (Name of Corporation) was, at the time of execution (Title of such person) of the Corporation and that said agreement was duly signed for and on behalf of said Corporation by authority of its Board of Directors, thereunto duly authorized and that such authority is in fall force and effect at the date hereof (Signature) STATE OF NEW YORK COUNTY OF ) ) ss.' ) On the day of in the year 2010 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 of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at , aitd he/she is an officer of said corporation; that he/she is duly authorized to execute said certificate on behalf of said coiporation, and that he/she signed his/her name thereto pursuant to such authority. Notary Public Date �SCHEDULE"A" C O S T S T O BUY-IN T O D E P P I P E L I N E C O N N E C T I O N & C O U N T Y DISTRIBUTION C H A M B E R {the " D E P C O N N E C T I O N " ) BUDGET Connection M a x i m u m Capacity/Flow Rates Village Village Village WJWW County County of S l e e p y H o l l o w of Brlarcliff of Tarrytown & its m e m b e r municipalities Water District No. 1 Water District No. 3 Total MGD MGD MGD MGD MGD MGD 3.95% 5.14% 6.42% 27.18% 53.36% 3.95% 101.2 M G D 100% 4.0 5.2 6.5 27.5 54.0 4.0 DEP PIPELINE CONNECTION Village of S l e e p y H o l l o w Village of Brlarcliff Village of T a r r y t o w n W J W W & its m e m b e r m u n i c i p a l i t i e s C o u n t y Water District No. 1 C o u n t y Water District No. 3 E s t i m a t e d Total* 3.95% 5.14% 6.42% 27.18% 53.36% 3.95% $200,028 $260,290 $325,109 $1,376,395 $2,702,150 $200,028 100% $5,064,000 * P l u s 3 . 9 % i n t e r e s t ( a s c h a r g e d to t h e C o u n t y b y D E P ) . 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CD CM O CM CM LO uo CD CM o CM ID O CO o CM io O CO O CM LO X— CO o CM ID •rCO O CM ID CM CO o CM 55 — ^—• X— CM CO r^j CD CM CD OJ CD TRv— -S™ T— CO CO o CM uo 00 ID to CO CD CO CO CO CO CO CO CO o o o o O o o CM CM ^ c^ CM CM tn ID ID ID LD ID ^ X— X— T^ CD CM CD CM CD CM CD X— X — X— X— CO CO CO CO o o o CM ^M ID 55 — v~ CM CO CM CD CM CM CO o CM ID T— iB IB -5— ^ OO CO o CM LO ^ ^ CTJ CO O CM LD CD CO O CM ID •c— CM CD CM X •— CD CO D ^C O o CM to ^— X— CO �W A T E R CONSERVATION P O L I C I E S AND P R O C E D U R E S [DEP's water conservation policies and procedures, as may be provided by DEP to be inserted] [Link to the County's water conservation policies and procedures to be inserted] �SCHEDULE"C" STANDARD INSUKANCE PROVISIONS 1. Prior to commencement of work, the Village of Sleepy Hollow (the "Contractor") 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, retum receipt requested, for all of the following stated insurance policies. All notices shall name the Contractor 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 Contractor shall upon notice to that effect from the County, promptly obtain a new poUcy, 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. Contractor 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 Contractor to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Contractor 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 Contractor until such time as the Contractor shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Contractor shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company pform U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is reqiSired for proof of compUance 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 Pohcy, or both, the employer must complete NYS form CE-200, available to download at: www>wcb.state.nY»us (click on Employers/Businesses, then Business Pemiits/Licenses/Contracts to see instruction manual). �If the employer is self-insured for V/orker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of $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 for property damage or a combined single limit of $1,000,000 (c.s.I), naming the County of Westchester as an additional insui'ed. This insui'ance shall include the following coverages: (i) (ii) (iii) (iv) Premises - Operations. Broad Form Contractual. Independent Contractor and Sub-^Contractor. Products and Completed Operations. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for propeity damage or a combined single limit of $ 1,000,000 unless othei"wise 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 of the Contractor shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recoveiy 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 Contractor. �CERTIFICATION REGARDING BUSINESS DEALINGS WITH NORTHERN IRELAND A. the Village and any individual or legal entity in which the Village holds a ten percent (10%) or greater ownership interest and any individual or legal entity that holds a ten percent (10%) or greater ownership interest in the Village (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Principles. B. For purposes of this Certification, "MacBride Principles" shall mean those principles relating to nondiscrimination in employment and freedom of workplace opportunity which require employers doing business in Northern Ireland to: 0 (1) increase the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs; (2) take steps to promote adequate security for the protection of employees from underrepresented religious groups both at the workplace and while traveling to and from work; (3) ban provocative religious or political emblems from the workplace; (4) publicly advertise all job openings and make special recruitment efforts to attract applicants from underrepresented religious groups; (5) establish layoff, recall and termination procedures which do not in practice favor a particular religious group; (6) abolish all job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of rehgion; (7) develop training programs that will prepare substantial numbers of current employees from undeirepresented religious groups for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of workers from underrepresented religious groups; (8) establish procedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and (9) appoint a senior management staff member to oversee affirmative action efforts and develop a timetable to ensure their fiill implementation, p C. For purposes of this Certification, "Northern Ireland" shall be understood to be the six counties partitioned from the Irish Province of Ulster, and administered from London and/or from Stormont. D. the Village agrees that the wairanties and representation in paragraph "A" are material conditions of this Agreement. If the County receives information that the Village is in violation of paragraph "A", the County shall review such information and give the Village �opportunity to respond. If the County finds that such a violation has occurred, the County may declare the Village in default, and/or terminate this Agreement. In the event of any such termination, the County may procure the supplies, services or work from another source in accordance with applicable law. the Village shall pay to the County the difference between the contract price for the uncompleted portion of this Agreement and the cost to the County of completing performance of this Agreement either by itself or by engaging another tlie Village. If this is a contract other than a construction contract, the Village shall be liable for the difference in price if the cost of procurement from another source is greater than what the County would have paid the Village plus any reasonable costs the County incurs in any new procurement and if this is a construction contract, the County shall also have the right to hold the Village in partial or total default in accordance with the default provisions of this Agreement. In addition, the Village may be declared not to be a responsible bidder or proposer for up to three (3) years, following written notice to the Village, giving the Village the opportunity for a hearing at which the Village may be represented by counsel The rights and remedies of the County hereunder shall be in addition to, and not in lieu of, any rights and remedies the County has pursuant to this Agreement or by operation of law or in equity. Agreed: Name of the Village: By (Authorized Representative): Title: Date: �REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY (Prior to execution of a contract by the County, a potential County contractor must complete, sign and return this form to the County) Contract Name and/or ID No.: (To be filled in by County) Name of Contractor: (To be filled in by Contractor) A.) Related Employees: 1. • Are any of the employees that you will use to carry out this contract with Westchester County also an officer or employee of the County, or the spouse, or the child or dependent of such County officer or employee? Yes No If yes, please provide details B.) Related Owners: 1. If you are the owner of the Contractor, are you or your spouse, an officer or employee of the County? Yes No If yes, please provide details;_ To answer the following question, the following defuiition of the word ^^interest" shall be used: Interest means a direct or indirect pecuniary or material benefit accruing to a county officer or employee, his or her spouse, child or dependent, whether as the result of a contract with the county or otherwise. For the purpose of this chapter, a county officer or employee shall be deemed to have an "interest" in the contract of: p i. His/her spouse, children and dependents, except a contract of employment with the county; ii. A firm, partnership or association of which such officer or employee is a member or employee; iiiA corporation of which such officer or employee is an officer, director or employee; and iv. A corporation of which more than five (5) percent of the outstanding capital stock is owned by any of the aforesaid parties. �2. Do ally officers or employees of the County liave an interest in the Contractor or in any subcontractor that will be used for this contract? Yes No If yes, please provide details:^ Authorized Company Official shall sign below and type or print information below the signature line: Name: Title: Date: �Meeting Date: Resolution #: 11/30/2010 11/179/2010 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Action of the Ambulance Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the action of the Ambulance Chief in electing the attached list of six (6) new members to active membership, BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notify the Ambulance Chief in writing of this resolution. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 6-0 �Memo To: Mayor and Board of Trustees From: James Hayes, Chief of E M S 3 ^ ' ^ ^ CC: Personnel files Date: November 29. 2010 Re: New Members Pleased be advised that at the ambulance corps monthly meeting six (6) new members where voted in as active members of the Sleepy Hollow Ambulance Corps. Dana Robertin of Beacon^ N Y Joseph Bolognese of Tarrytown, N Y Hunter Roth of Yonkers, N Y Kelly Mostrando of Ossining, N Y Christine Lorenz of Ossining, N Y Kevin Igwe of Tarrytown, N Y � 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-2010 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_2010-11-30 Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 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