https://sleepyhollow.localarchives.org/files/original/c54ee90452b373d771ac0d4245ca84ff.pdf addd267fa5e33738f457547db4c9d3ac PDF Text Text Meeting Date: 4/12/2011 Resolution #: 4/34/2011 Whereas, the Village has been notified by the Department of Environmental Conservation of the necessity for further and additional cleanup of properties surrounding the former Duracell Site; and Whereas, the Connecticut firm, AECOM, has been retained by Gillette to perform the cleanup work; and Whereas, AECOM has requested a license from the Village to utilize the former Duracell Site (now a parking lot owned and operated by the Village); and Whereas, the Board of Trustees has determined that it is in the best interests of the Village to permit AECOM to use the Village property as a staging area for the cleanup work. Now Therefore Be It Resolved the Board of Trustees hereby authorizes the Mayor to execute the attached agreement. Moved: Deputy Mayor Capossela Seconded: Trustee Carr Vote: 6-0 . tt« ynrterslgned 1, . v . - ' r k . do herebv «r«fy mat OerV'D^i^ attrk, dolfeeby t » t ttie foregoing ib eJffr^ct duly adopts by the Board of a trw o w ^ Tnj^M of Vlll^ of Sleepy Hollow, on the J2_jiay of A o t S L 20 11 and ofttwwhole thereof. aridl^ww^Sfy^atttiesame was entered into the minytes ofttiemwtlfif of said Soart of Trustees, held u^'. »id date. IN WFTNI^ I haw hereunto m. my hand an. ^dal rn^msl^m 20iJ �LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement"), is entered into this day of April, 2011, by and between THE VILLAGE OF SLEEPY HOLLOW, a municipal corporation, with its offices located at 28 Beekman Avenue, Sleepy Hollow, New York ("Licensor"), and AECOM, a domestic corporation, with offices located at 40 British American Boulevard, Latham, New York 12110 ("Licensee"). RECITALS A. Licensor is the legal owner of certain property located in the Village of Sleepy Hollow, New York, more particularly located at 60 Elm Street. B. Licensee has requested a license to enter upon a portion of the property located at 60 Elm Street for the purpose constructing a temporary staging area which will support work ("Permitted Use") associated with the New York State Department of Environmental Conservation ("NYSDEC") Order on Consent ("Order") signed by The Gillette Company in December, 2009. C. Licensor is willing to grant the requested permission for the Permitted Use subject to and upon the following terms and conditions: AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1) GRANT: Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee an exclusive license ("License") to enter upon the property for the sole purpose of the Permitted Use, as described on the plans attached hereto as Exhibit "A" ("Licensed Area"). Licensee shall have no rights of entry or use of any property other than in the licensed area. 2) TERM: Subject to the terms of this Agreement, the terms of this License shall be for a period of two (2) years, subject to renewal upon application of the Licensee to the Licensor. 3) RESPONSIBILITIES OF THE PARTIES: a) Licensor shall be solely responsible for obtaining and maintaining any and permits or other licenses required for Licensee to use the Property for the Permitted Use. �b) Licensee shall assume full and complete responsibility for the supervision and control of any and all persons and vehicles entering upon the Licensed Area, and shall supply all necessary signs or directions, traffic and parking control. c) Without in any way limiting the generality of the foregoing, Licensee agrees to comply with any and all conditions, restrictions and requirements imposed upon Licensee by the Village's Planning Board, Zoning Board of Appeals, and/or Building Department ("Boards and Agents"). d) Notwithstanding the nature and scope of the Permitted Use, Licensee shall not disturb or commit any waste or nuisance on the Licensed Area. e) Without in any way limiting any conditions, restrictions and requirements imposed by the Boards and Agents of Licensor, Licensee shall maintain the Licensed Area in a clean and orderly manner at Licensee's cost and expense. f) Licensee shall, after the conclusion of the term of this Agreement, or any extension thereof, at Licensee's sole cost and expense, cause the Licensed Area to be returned to the condition existing thereon prior to the commencement of this Agreement, including free of garbage or debris of any kind. g) Licensee acknowledges that Licensor shall not be responsible for any loss or damage to any person or property, including, without limitation, any vehicle parked on, or using, the Licensed Area, in connection with the License granted herein. h) Licensee shall take all precautions as are necessary in the interest of public safety and for the safety of any persons working on or traveling upon or in any way using the Licensed Area or land adjacent thereto when setting up, performing the work and dismantling the Licensed Area. Licensor shall be responsible for all police supervision and agrees to take all precautions for the protection of all persons and of real and personal property using the Licensed Area or situated on the perimeter adjacent to or abutting the Licensed Area. i) Licensee's use of the Licensed Area shall be in conformity with safe practices and shall at all times be in compliance with all local. State, and Federal laws, statutes, rules, and regulations pertaining thereto. j) Licensee shall keep the Licensed Area and every part thereof free and clear of any and all liens and encumbrances for work performed by Licensee, or on Licensee's behalf, on the Properties. 4) PUBLIC RECORDS: The License is subject to any and all matters of record and those matters which a personal inspection of the Property would reveal. Licensee accepts the license and property AS IS. Licensee acknowledges that neither Licensor nor any of Licensor's affiliates has made any warranty or �representation, express or implied, with respect to any of the Properties, including any warranty or representation as to (i) fitness, design or condition for any particular use or purpose, (ii) the quality of the material or workmanship therein, (iii) the existence of any defect, latent or patent, (iv) compliance with laws, (v) locations, (vi) use, (vii) operation or (viii) the existence of any hazardous substance (as hereinafter defined); and all risks\ incident thereto are to be born by Licensee. Licensee acknowledges that the property has been inspected by Licensee and is satisfactory to it for the permitted use. In the event of any defect or deficiency in any of the properties of any nature, whether latent or patent. Licensor shall not have any responsibility or liability for any damages, including incidental or consequential damages. Licensee releases and discharges Licensor from any and all claims or causes of action that Licensee may now have or hereafter have against Licensor relating to the subject matter of this Agreement. 5) GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of New York and shall not be modified, altered, or amended except in writing as agreed to by the parties hereto. 6) INSURANCE: Throughout the term of this Agreement, Licensee and/or it Agents and sub-licensees, if any, shall obtain and maintain, at Licensee's sole cost and expense, and keep in force for the benefit of Licensor, as an additional insured, insurance policies providing the following coverages: (a) Commercial General Liability Insurance, which shall include contractual liability, protecting and indemnifying Licensor against any and all liabilities and claims for damages to persons or property occasioned on or about any part of the Licensed Area, and all other areas adjacent to the Licensed Area, with such policy to be in the minimum amount of Five Million Dollars ($5,000,000) for bodily injury to or death of one person and Five Million Dollars ($5,000,000) aggregate per occurrence for bodily injury and death and One Million "Dollars ($1,000,000) for property damages. (b) Worker's compensation insurance to the extent required by applicable law with respect to all persons employed or hired by Licensee and/or any sub-licensees, and containing such terms and conditions as are required under applicable law. (c) Comprehensive Automobile Insurance including owned and nonowned automobile insurance with a minimum limit of Five Million Dollars ($5,000,000) per occurrence combined single limit for bodily injury and property damage. (d) Excess liability of $20,000,000 per occurrence and aggregate. 7) INDEMNIFICATION: Licensee shall indemnify, defend and hold harmless Licensor, its affiliates and their respective members, partners, venturers, stockholders, directors, officers, employees, spouses, legal representatives, agents, successors and assigns from and against any and all losses, costs, demands, �damages, suits, claims, liabilities and expenses (including, without limitation, reasonable attorneys' fees and expenses), resulting directly or indiscreetly from the rights granted herein, or Licensees, or its invitees', entry on or use of the Licensed Area. Licensee hereby releases, settles, cancels, discharges and acknowledges to be fully satisfied, any and all claims, demands, damages, debts, liabilities, obligations, costs, expenses, liens, actions, and causes of action of every kind and nature whatsoever, whether under federal, state or common law, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, which Licensee or anyone claiming by, through or under Licensee may, now or hereafter, have against the Licensor Parties relating to the rights granted herein or Licensee, or its invitees', entry on or use of the Licensed Area. The indemnity obligation and release set forth in this paragraph shall survive the expiration or earlier termination of this letter agreement. 8) TERMINATION: Notwithstanding anything contained in this Agreement to the contrary, in the event Licensee fails to fulfill any of its obligations or covenants herein. Licensor shall be entitled to assert all of its rights and remedies available at law or in equity, including, without limitation, the right to immediately terminate this Agreement and the License granted hereby and remove, or cause to be removed, all persons, equipment, vehciles, debris and garbage from the Licensed Area at Licensee's expense. Additionally, and without limitation of the foregoing, Licensor shall have the unilateral right to terminate this Agreement and the License granted hereby if the Licensor determines that the actions or failure to take action on the part of Licensee shall have caused or be reasonably likely to cause damage to person or property. In any such event. Licensor shall deliver written notice to Licensee at the address set forth above exercising Licensor's right to terminate this Agreement and the License granted hereby. 9) FEE: In consideration of the License granted hereby. Licensee agrees to reimburse Licensor the sum of $6,000 annually ($600 per month or any part thereof). Said fee is due in annual installments commencing upon the execution of this Agreement. 10) NOTICES: All notices or other communications provided for under this Agreement shall be in writing, signed by the party giving the same, and shall be deemed properly given and received (i) when actually delivered and received, if personally delivered; or (ii) three (3) business days after being mailed, if sent by certified mail, postage prepaid, return receipt requested; or (iii) one (1) business day after being sent by overnight delivery service, all to the following addresses: If to Licensor: If to Licensee: Village Administrator 28 Beekman Avenue Sleepy Hollow, New York 10591 AECOM 40 British American Boulevard �Latham, New York IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first written above. f VILLAGE ^ Name: Title: AECOM By: Name: Title: SLEEP^OLLOW Kenneth G. Wray Mayor < r �Meeting Date: Resolution #: 04/12/2011 04/35/2011 Be it Resolved that the Board of Trustees of the Village of Sleepy Hollow does hereby adopt the following: 1) The Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law for the levy of taxes on the 2011 Village Assessment Roll, as prepared by the Office of the Village Assessor. 2) The Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law for the levy of taxes on the 2011 Village Assessment Roll, as prepared by the Village Assessor. 3) The Class Tax Shares adopted for the Village Levy Roll of 2011 are as follows: Homestead 66.6017% Moved: Trustee Schroedel Non-Homestead 33.3983% Seconded: Trustee Capossela Vote: 6-0 �z o < o 111 oc o o o E (fl o C O C (N hN dM o a> C •s Xo> O O x r lO l O d CN o x l l o o d o ( CA trg . § Q. o a> o > to C O E a. 2. o * £ |SS=12 0ro 00 U XJ ? o: <OouC to zJ U J t cc U o :S > UJ C > CO a: • O CJO w ui CO : ce U J —1wCO 0. o w oc ( M I-EC< lD U. C MZ UJ < O ^ er: z Q I- 1 5 1 XCN . C O C O N CD CM CM c j i " lO u r a C 7 > -s; OJ <uS o oco' aCO O M iB -QCO or- C TJnj -^ 5 i n <y> t of CM C O N. o CO d C O CO 0 0 o 1® K a> <D C O U 5"£1n -^ iu.^00 CM oD — T-' B <D o d d (£> t:^ * 8- 1 ° i i fe UJ< lZi CL ° U J Z3 O U u .U >J O< - I f LU Z g Q- CO ^y C U Ol U Xl g yt IuH zaios. § CO o; Q: S S •S ui a: UJ OJ O o3 J io flj o > mo '-ON 00 ) E( C SiS O feS O IS N 0 „ ®CO> ~ 111 25-9s -o® h-(/} ® tn ffl nc to CM o h CO" CD 0 0 C M < 3 > c i Cs O o o o o d o1 C iM n C O d CD m h•rC D CO o o o o d o ^ s l i i i <1 o fB o ® ^i <a. z i i CL a: c o s <1 oiS o 2 s i CO ffl iS roE zo O « �O o> J o>S "C a> s PQ t. -i p g II BE. •S S U) ® ^ a o®=mifs o c> „®>K0) (11 r :> a c g s 'M I ° i1 €g £ I ? ,B S _s E £ O lZi m CO iell^fl'i !I Ii 0- §s I < 0 > y2 Eg COUJ(r cc ^ 3 J O ^ < U > §C ^D o f 9 £ O s ib i$ £ — (B 2at i ^irQJ i i>-J £ ct O Too L6r «i«Ka>. ; J! CO 3 SI I I?" ' T3 u. Cm- 6' If •i o ® ,8 o « ® •s s ^6 s< a tS -o £ ™ 0 M0gC0o88 S s g 5 sis® 1 3 U Q. CD O g l i n t sa ® < — (V a> CO BO ID O I z fe t 8 0 lE s s — S S F c 2 m (f) O 1 § �Meeting Date: Resolution #: 04/12/2011 04/36/2011 Resolution of the Board of Trustees of the Village of Sleepy Hollow To Authorize Mayor to sign the Ambulance Service Agreement With the Mount Pleasant West Ambulance District for 2010-2011 BE IT RESOLVED that the Board of Trustees hereby authorizes the Mayor to sign the attached Ambulance Service Agreement with the Town of Mt. Pleasant West Ambulance District for the period January 1, 2010 through December 31, 2011. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 6-0 �^ o i'^^^Tr" i i f JOAN A. MAYBURY Supervisor February 23, 2011 Kenneth G. Wray, Mayor Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: 2010 and 2011 Agreement for Ambulance Service Dear Mayor Wray, Enclosed are two signed copies of revised agreement for ambulance services for the Mount Pleasant West Ambulance District. This covers the years 2010 and 2011. For 2010 the payment is $7,008 and for 2011 the payment is $7,220 as reflected in the Town's budgets. If acceptable, please return one signed copy and I will have the Town Comptroller process the initial payment. Thank you for your efforts. |Very truly voilrs / Joan A. Maybury Town Supervisor JAM/jk Cc: Anthony Giacco, Village Administrator ONE TOWN HALL PLAZA VALHALLA, N.Y. 10595 PHONE: 914-742-2300 - Recycled Paper - FAX: 914-769-3155 �AGREEMENT This agreement dated as of by and between MOUNT PLEASANT WEST AMBULANCE DISTRICT, with offices at One Town Hall Plaza, Valhalla, New York 10595 (hereinafter referred to as the "DISTRICT") and VILLAGE OF SLEEPY HOLLOW, a municipal corporation duly organized and existing under the laws of the State of New York with offices at 28 Beekman Avenue, Sleepy Hollow, NY (hereinafter referred to as the "VILLAGE"). WHEREAS, the agreement between the parties has expired on June 30, 2009 and the parties intend to renew that agreement in substance, and WHEREAS, the DISTRICT was established pursuant to TOWN LAW Section 190 et seq. for the purpose of providing emergency medical services for the purpose of providing pre-hospital emergency medical treatment and emergency transportation of sick or injured persons found within the boundaries of the DISTRICT to hospitals, sanitariums or other places within reasonable distances for the treatment of such illness or injury; and WHEREAS, the VILLAGE operates an ambulance service know as the Sleepy Hollow Ambulance Corps (hereinafter referred to as the "AMBULANCE CORPS"); and �WHEREAS, the VILLAGE wishes to furnish emergency ambulance service to persons requiring same within the boundaries of the District; and WHEREAS, the DISTRICT may contract with one or more organizations having sufficient training and personnel experienced in the operation, maintenance and repair of emergency vehicles and for furnishing of emergency treatment; and WHEREAS, the AMBULANCE CORPS has the experience, personnel and equipment as required to faithfully fulfill the terms of this Agreement. NOW, THEREFORE, it is mutually agreed as follows: FIRST: 1) The VILLAGE through the AMBULANCE CORPS hereby agrees to furnish to the DISTRICT, 24 hours, 7 days per week emergency ambulance service for a term of five years, commencing January 1, 2005 to December 31, 2009. In the event all AMBULANCE CORPS vehicles are in use and an additional call for emergency assistance is placed within the District, the "mutual aid" plan will automatically be activated whereby a neighboring ambulance service will respond to the call. 2) In consideration for the performance of the emergency ambulance services to be performed by the AMBULANCE CORPS, the DISTRICT shall pay to the VILLAGE for the calendar years as follows: �2005 - $4,132 2006 - $4,272 2007 - $5,767 2008 - $6,574 2009 - $6,804 2010 - $7,008 2011 - $7,220 SECOND: The VILLAGE and the AMBULANCE CORPS shall comply with all federal, state and local statutes and ordinances, including and not limited by. Article 30 of the Public Health Law of the State of New York, as amended, as the same pertains to the ambulance services. It is further agreed that the VILLAGE and the AMBULANCE CORPS shall comply with any and all applicable regulations issued from time to time by regulatory agencies having jurisdiction. THIRD: The VILLAGE and the AMBULANCE CORPS hereby agree to furnish the DISTRICT the necessary certificates certifying that it has complied with all of the laws of the State of New York regarding the training of personnel and shall provide equipment, ambulance and personnel sufficient to furnish said services. FOURTH: The AMBULANCE CORPS through its appropriate members shall at all times during the term of this agreement be subject to call for such emergency service by the Police Department for a person or persons living or found within the boundaries of the DISTRICT and. �when notified by the Police Department of a request for such service, shall respond to and render such service without undue delay and with suitable equipment and personnel. FIFTH: The VILLAGE and the AMBULANCE CORPS shall indemnify and save harmless the DISTRICT and the Town of Mount Pleasant against all liability, losses, cost (of whatever nature or description including reasonable attorneys fees) and damages on account of injury to persons or property arising as a result of alleged negligence, want of care or fault of any nature whatsoever of the AMBULANCE CORPS pertaining to this Agreement. SIXTH: This Agreement cannot be changed or modified except by another instrument in writing, signed and executed as of the date and year first written above. SEVENTH: This Agreement shall be nonassignable. EIGHTH: This Agreement shall be governed and construed pursuant to the laws of the State of New York. NINTH: Neither of the parties herein shall be responsible for failure or delay in the performance of any obligation hereunder caused by labor disturbances, fire, earthquake, war, insurrection, interference by civil or military authorities, floods, storms, transportation �embargoes, or any other cause whatsoever hot within its control and which by the exercise of due diligence it is unable to overcome, of the nature or class commonly embraced in the phrase, "Act of God," whether one of the causes hereinabove enumerated or not. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly signed and executed as of the day and year first written above. MOUN-p^^ilASANT WEST~^BULANCE DISTRICT floAn // A . M^ybury, Sup4|:visor u l/Town of Mount Pleasant Attest V I I L ^ E OF SLEEEMHOL|(QW By: Keniieth G. Wray, Mayor- Attest �Meeting Date: Resolution #: 4/12/2011 4/37/ 2011 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving Change Orders for the Shaft Nine Pump Station Project WHEREAS, The Village of Sleepy Hollow entered into a contract with Cassidy Excavating of Valhalla, NY for the Shaft Nine Pump Station site work; and WHEREAS, Due to unexpected circumstances outlined in the attached memo, additional work was necessary to complete the project; and WHEREAS, the Village Engineer has reviewed Change Orders, (#3, 4, 5, 6) and is recommended payment for this additional work; and WHEREAS, funding for said project is being paid through the Village's capital budget. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accepts the Change Orders for the Shaft Nine Pump Station project at a total amount of $14,021.58 Moved: Trustee Campbell Seconded: Deputy Mayor Capossela Vote: 6-0 �Dolph Rotfeld Engineering, P.C. MEMO Date: March 29, 2011 To: Anthony Giaccip-^^ From: Danny Peluso|^ Re: Shaft 9 Site Work - Additional Work - Invoice # 6 Cassidy Excavation performed the following additional work for the Shaft 9 Site Work. Change order # 3 During excavation for the water main tie in at the aqueduct the contractor encountered additional buried structures and interferences that had to removed and supported that were not shown on the NYCDEP plans. The contractor had to excavate, remove and support these utilities in order to make the final connection to the suction line and the vacuum lines. The cost for this work was $7,756.27 Change order # 4 & 5 Do to the inferences encountered the main on the suction side had to re located to make the connection to the station. The cost for this work was $4,243.38 Change order #6 Con Edison required and additional conduit installed to pull cable for the new transformer connection. The cost for this work was $2,021.93 �Meeting Date: Resolution #: 04/12/2011 04/38/2011 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving the Annual Memorial Day Parade BE IT RESOLVED that the Mayor and Board of Trustees hereby allows the Central Veterans of Tarrytown and Sleepy Hollow to hold its Annual Memorial Day Parade on May 30, 2011 beginning at 9:00 a.m. passing through the Village via North Broadway to Beekman Avenue west to South Washington Street to Patriot's Park. Moved: Trustee Campbell Seconded: Trustee Stupel Vote: 6-0 �CENTRAL VETERANS COMMITTEE V'tl L A f - t r - L:'-; MAR o 2 /Oil OF THE TARRYTOWNS 57 M A R C H 1, 2011 permissk Day parade in The A M . The parade will A M sharp. The to Patriot's Park, ofy. by Truly, � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2011 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2011-04-12_RES-04-34 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text