https://sleepyhollow.localarchives.org/files/original/587b3be5f26f700d9652216cc1e32225.pdf 9396125c5752af5c78b2dfaba9cd7b2d PDF Text Text The Work Session of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, October 11, 2011, Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray Barbara Carr Bruce Campbel Karin Wompa Evelyn Stupel, Trustees Absent: Thomas Capossela David Shroedel, Trustees Also Present: Anthony P. Giaccio, Village Administrator Paula A. McCarthy, Village Clerk Sara A. DiGiacomo, Village Treasurer Janet Gandolfo, Village Counsel Richard Gross, Village General Foreman Gregory Camp, Police Chief At 7:06 p.m. the Mayor called the meeting to order with a pledge to the flag. Mayor asked for a moment of silence for George Hernandez. Mayor honored and thanked Maria Gorete Crowe with a proclamation for her role in the passage of a new legislation that now makes assaulting a nurse in the workplace a Class D Felony. The Violence against Nurses Law, in New York State, also protects police officers, firefighters and emergency responders. Public Hearing: Senior Tax Exemption The Village Clerk read aloud the Public Hearing notice for the Senior Tax Exempt. Mayor opened the Public Hearing to the public at this time and evoked the 5 minute rule. There were no comments from the public at this time. Fred Gross, Village Assessor, explained that this is an income base sliding scale and seniors with an income of less than $29,000.00 annually, may have a reduction of as much as 50 percent. This year 26 seniors are expected to qualify; last year the Village had a tax loss of $44,000 due to this Exemption. The deadline to apply for this exemption is December 31'V 2011, and seniors must show proof of income. Mario Belanich of North Washington addressed the Mayor and the Board and asked if the income is gross or after tax. Mr. Gross explained and discussion ensued. �There were no comments from the public at this time. On a motion by Trustee Carr, seconded by Trustee Campbell the meeting was closed. Public Hearing: Code Revision The Village Clerk read aloud the Public Hearing notice for the Code Revision. Mayor opened the Public Hearing to the public at this time and evoked the 5 minute rule. Mayor announced that there will be a series of Code Revision Meetings and that this meeting would be adjourned. Mayor explained that some codes are regulated by New York State and that the Village will recognize that. Mayor said the ARB Board will continue to be discussed and all Village signs will be assigned to the Building Department. Don Cateano addressed the Mayor and the Board and complaint about parking tickets, and parking on Lawrence Avenue. Dan Scott of River Street addressed the Mayor and the Board, and asked the Board to preserve the function of the Architectural Review Board. Mr. Scott stated that the ARB is an important role, especially to the downtown. Mr. Scott also commented on the filming permit. Mayor stated that the Board would consider assigning the responsibility of signs and fences to the Building Department and other proposals to the Zoning and ARB Boards. Discussion ensued. Don Cateano, addressed the Mayor and the Board and stated that Code Revision discussions should not be done in public and that it is a waste of time. He complaint about the streets not being wide enough. Mayor stated that it is healthy to have these discussions opened to the public. Discussion ensued. There were no further comments at this time and Mayor made a motion to adjourn. Mayor announced that the meeting is back to regular session. Approval of Warrants: On a motion by Trustee Carr, seconded by Trustee Campbell the warrant of $203,214.52 was approved. It was unanimous. Approval of Minutes: 5/10/2011 On a motion by Trustee Carr, seconded by trustee Wompa the minutes of 5/10/2011 were approved. It was unanimous. �Mayor announcements: Mayor recognized the first Fire Department Open House in the Village. It was a successful event. Public Comments: Don Cateano of Lawrence Avenue addressed the Mayor and the Board and demanded that Lawrence Avenue be made a one way street. He stated that parking on that street has to be addressed and it has caused him to lose tenants. Jack Gasko of Webber Road addressed the Mayor and the Board and stated that a section of Old Sleepy Hollow road is collapsed and needs attention, along with wires that are hanging down in that area. Mr. Gasko also asked for explanation about the NYS audit of the unfiled Village report. Mario Belanich of North Washington St. addressed the Mayor and the Board and questioned a couple of the resolutions on the agenda. He asked about the Youth Officers and their involvement with the local students. Mayor responded that our Police Department works well with our school district and will continue to do so. Trustee Reports: Trustee Carr - reported that she has been busy with Parks and Halloween events. Trustee Campbell - reported that the Parks Committee had a discussion with the tree committee regarding its function and the code revision. The Halloween planning is on its way and has made $30,000.00 in sponsorships, for tickets visit www.sleepyhollowny.qov or www.visitsleepyhollow.org Trustee Wompa - reminded everyone that the children's Halloween event will take place on October 28"", from 3 to 5 pm at the Morse School. Trustee Wompa also reported there will be a photo booth where kids can have their photos taken. All monies raised will go to the Downtown Revitalization. In addition at the Block party there will be a bouncy castle, vendors, a trolley through the Village and a DJ. Trustee Stupel - reported that the housing court had levied $178, 100.00 and the next court date is October 27, 2011. �Administrator's Report: Mr. Giaccio reported that the DEC is having a presentation at the High School. They have tested over 100 properties in the Village. He reported that there is a sink hole near the dock in Horan's landing and will be looking for the contractor to be responsible and fix it. Sexual harassment training for all village employees is scheduled for this week; Recently there was a business owners meeting and It was very successful. Sykes Park will need some resurfacing in the playground. The Fire Dept is having a spaghetti dinner at the Senior Center on 10/15, 6:00 pm-10:00 pm, to benefit Union Hose Fire Department. Approximately 350 tickets have been sold for the Halloween hayride. The Block party is scheduled from 5:00 pm until 11:00 pm, and the hayride will start at 7:00 pm on Beekman Avenue. Village will give out candy to merchants for Trick or Treating on Halloween day, and there will be a DJ with TV screens and most vendors are selling interesting things This is an opportunity for everyone to do fundraising, A Trolley will pick up people at the train station and drop off in the village. Resolutions: (see attached) Old Business: Trustee Wompa stated that the block Party on Beekman Avenue has become an event in itself. New Business; Trustee Wompa asked Chief Camp about Halloween patrolling. Chief explained. Communications: The Village Clerk announced a Liquor license renewal for the restaurant, Les Tigres located at 185 Valley Street. She also announced that the Webber Park Association will be having a tag sale on 10/22/2011 in Webber Park. Mayor Announcements: Mayor Wray stated that the Webber Park Association made a request to close New Broadway during Halloween. Mayor explained this cannot be enforced since many roads feed into that one road. Chief Camp agreed and Mayor stated that we have been successful at keeping the streets safe. Mayor also noted that the New York Power Authority notified the Village that it intends to decrease the rates it charges to governmental customers. �Public Comments: Mayor opened meeting to the public and evoked the 5 minute rule. Mario Belanich, addressed the Mayor and the Board and stated that he is offended that the Village would want to do business with Tarrytown since they have a lawsuit against us. At 8:35 pm on a motion by Trustee Carr, seconded by Trustee Wompa the meeting was adjourned. Bespecjfully submitted, Paula A. McCarthy Village Clerk / 4 " �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Transfer of New York State Environmental Protection Fund Grant for Tarrytown Lighthouse Restoration to Westchester County WHEREAS, in October 2006 the Village was awarded an Environmental Protertion Fund (EPF) grant of $150,000 by the New York State Office of Parks, Recreation and Historic Preservation for the preservation and restoration of the Tarrytown Lighthouse. EPF grant agreement number EPF406095 has not yet been executed; and WHEREAS, in March 2008 the Village was awarded a Save America's Treasures grant of $98,000 by the National Park Service for the Lighthouse project. Grant agreement number 36-08-ML-0741 was executed in August 2009; and WHEREAS, Westchester County owns the Tarrytown Lighthouse. In May 2011 the County approved $552,000 in Capital Budget funds to help finance the Lighthouse restoration; this money will also serve as the required match to both the $150,000 New York State EPF grant and the $98,000 Federal Save America's Treasures grant; and WHEREAS, Westchester County will be managing the preservation and restoration project, including selecting and contracting with the architect and contractors, supervising construction, receiving and paying all architect and contractor invoices and managing the overall budget; and WHEREAS, to facilitate the grant reimbursement process, and given that Westchester County owns the Lighthouse and will be doing all of the procurement, the New York State Office of Parks, Recreation and Historic Preservation has advised its preference to transfer the EPF grant to the County. The Westchester County Department of Parks, Recreation & Conservation has agreed to accept the assignment and has advised that the Village will remain actively involved in the project; and WHEREAS, the National Park Service advises that they are unable to transfer the Save America's Treasures grant to the County as the money has already been obligated to the Village of Sleepy Hollow. (Continue pg 2) �NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Sleepy Hollow does hereby authorize the transfer of grant number EPF406095 In the amount of $150,000 to Westchester County for the original purpose of said grant, namely the preservation and restoration of the Tarrytown Lighthouse; and authorizes Mayor Kenneth Wray to sign the attached letter requesting that the New York State Office of Parks, Recreation and Historic Preservation assign these grant funds to the County. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 4-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Agreement Extension for 2011/2012 "Indexed Lump Sum Municipal Snow and Ice Agreement" WHEREAS, the Village of Sleepy Hollow has provided snow and ice control services on a continuous basis since 1997 for 9.1 lane miles of roadway located in the Village of Sleepy Hollow and owned by the State of New York; and WHEREAS, the Village of Sleepy Hollow and the State of New York have now reached a lump sum payment of $1,552.00 per lane miles for a total of $14,123.20 to the Village for said services for the snow season of 2011/2012 and more fully described in the attached Agreement to Extend Indexed Lump Sum Municipal Snow and Ice Agreement" (herein "Agreement"). NOW, THEREFORE, BE IT RESOLVED that the Village Board herein authorizes the Mayor to execute the attached Agreement and to take other such steps as are necessary to effectuate the intent of this resolution. Moved: Trustee Campbell Seconded: Trustee Carr lQ^AA^ICI a fc^iy^ the umterstgned Clerk/Depirty uerk, do hereby cerofy that the foregoing Is a t a « o ^ y of an extract duly adopted by the Board ed Timtees of ttie Village of Sleepy hWlcw, on the day of 20 I { and of the whole thereof, and I further certify that t h e s a m e was entered into t h e minutes of the meeting of said Board of Trustees held on said date. I N w r T N E S S WHEREOF, I have t w r o r t ® set my hand a n d o W d a l se»i ms/^T^dav of CZSJ^M^^, 20/( . puty €3ft( Vote: 4-0 �I i)nii.ni I ui0i4 7O5 - i ' - V'lljae 01 Sieeov • irjijow " Souinein Wesich«N»»ti C'.'-imv i > .'Ot 1 '12 i A G R E E M E N T T O E X T E N D I N D E X E D L U M P S U M M U N I C I P A L S N O W A N D ICE C O N T R A C T This A g r e e m e n t m a d e this day of , by a n d b e n v e e n THE PEOPLE O F THE STATE O F N E W N O R K i h e r e i n a f t e r '-eierred to as "STATE"), a c t i n g by a n d t h r o u g h the C o m m i s s i o n e r of T r a n s p o r t a t i o n of the State of N e w Y o r k i h e r e i n a f t e r referred to as ' C O M M I S S I O N E R ' ! , a n d the H o l l o w of S o u t h e r n W e s t c h e s t e i i C g o f the V i l l a g e of S l e e p y ( h e r e i n a f t e r referred to as " M U N I C I P . A L I T Y ' ) as f o l l o w s : W H E R E A S , the C O M M I S S I O N E R a n d the M U N I C I P A L I T Y h a v e e n t e r e d i n t o an A g r e e m e n t N o . D 0 T 4 7 0 5 e n t i t l e d " I n d e x e d L u m p Sum S n o w and Ice A g r e e m e n t b e t w e e n the N e w Y o r k State D e p a r t m e n t o f T r a n s p o r t a t i o n a n d the M u n i c i p a l i t y of the V i i l a g e ^ o L S l f e f i J l J b i M f i w ' d a t e d S e j L t e n i b e r J J i . 1 0 0 3 ; cind W H E R E A S , the t e r m of the said '^.greement is for a p e r i o d o f t h r e e years c o m m e n c i n g ) u l y 1, 1 9 9 7 a n d satd /^-greement p r o v i d e s that the parties m a y at t h e ' e n d of e a c h y e a r of the t e r m of the A g r e e m e n t e x t e n d s u c h t e r m for an a d d i t i o n a l year; and vVHERE,AS, the present t e r m raf the A g r e e m e n t , as e x t e n d e d , e x p i r e s June 30, 2 0 X 1 ; «Jnd W H E R E A S , Section 7 of t h e <.aid A g r e e m e n t p r o v i d e s that the C O M M I S S I O N E R shall f u r n i s h t h e M U N I C I P A L I T Y w i t h a s u i t a b l e m a p for each t e r m of t h e A g r e e m e n t , o r for any e x t e n d e d t e r m thereof, m o d i f i e d to s h o w t h e changes, if any, to t h e State H i g h w a y s affected by the A g r e e m e n t . WHER£,AS, Section 9 o f the said .Agreement p r o v i d e s tor an a n n u a l u p d a t e of t h e e s t i m a t e d e x p e n d i t u r e to be d e t e r m i n e d by the C O M M I S S I O N E R subject to the p r o v i s i o n s of S e c t i o n 9 at the t i m e f o r e x t e n s i o n o f the A g r e e m e n t ; WHERE.AS, Section 9 o f the said A g r e e m e n t also p r o v i d e s for an a d j u s t m e n t t o t h e a c t u a l p a y m e n t a m o u n t based o n t h e i n t e n s i t y a n d severity o f the w i n t e r season; N O W , THEREFORE, in c o n s i d e r a t i o n of the m u t u a l c o v e n a n t s a n d benefits l>erween ' h e parties, WITNENSTH; 1. The a f o r e m e n t i o n e d " I n d e x e d L u m p S u m S n o w a n d Ice A g r e e m e n t B e t w e e n New Y o r k State D e p a r t m e n t o f Transportation a n d t h e M U N I C I P A L I T Y " is hereLiy e x t e n d e d for a periocJ of o n e year; n o w l o e x p i r e o n l u n e JO, 2 0 1 2 , unless f u r t h e r extendf»d. The - t a t e t ii'^i, s ^ , or >1,,.,,, ^jfecsed by the Agrppment ,.(=> <leliiu-ated on ilie .itt.ichinf .m,tp, .ris^reed upon iv, ihc ( > )M If J'^.l R If (I the MUNICIP a| | f y. In, h, s.hjll be .'tte( fi\e lor ihe remainder (.x the term • h i h> \ufct'miT I 1 'I'll 1 I..I, !, 201J, unle'-N ( h.inged l.'v .'(HUfe .isn-pment lictivnen flip CO'-nMH T Ml NU l i ' A L i T Y . .\lt the letrns and f;ondiliofiS oi 'he (jnginal contract remain m effect except as follows. The indexed lump H.iin estimatc-'d expenditure specined in Section 9 of ;he •ttorr-mf-nfioncd .Agreeinfnt shall be f 1,552.00 per 'ane mile for 9,.T lane miles for a total nt .f 14,123.20 tor the i0|)'|/10 MXasi.in and ror the rern.un'der ot the •erm ut the .Agre^>rnf»nf coinmenf mg luly 1 2009, ur!c»^s ( h.infjj-d hv I'uturp u[)date, I"- A I I •".I • / N ' R )n,l M '.M "H 1"' p ,. -la- been .••,>( hv (Lie H.itix .it i.ng bv and |iif,)u;jli th.^ dul\ .iutbori.;.'d .. , -I,,, t {^I'.r.'c • - I c.; K ,n,j t.b(> .'xi, NHJF •Oil') r, I;:, T, 'his xiv.-mt'iit !u he c,,., uii-d i.y ''li I • .'; i ' a.' ; I \-Cir II " N l h i . ' . . • �A g e n c y Certification Contract N o . DOJLiTOS ' I n a d d i t i o n to the a c c e p t a n c e of this contract, I also certify that original copies of this signature p a g e w i l l be attached to al o t h e r e x a c t copies of this contract." T H E PEOPLE O F T H E STATE O F N E W Y O R K MUNICIPALITY BY BY For Commissioner of rrjruportdtion A T T O R N E Y GENERAL'S S I G N A T U R E COMPTROLLER'S SIGNATURE Dated Dated STATE O F N E W YORK ) SS: C O U N T Y OF O n the day of in the year before me personally came to rne k n o w n w h o , b e m g by m e d u l y s w o r n , d i d d e p o s e a n d say that , N e w Y o r k ; that he-,'she is t h e h e / s h e resides in the r n u n i c i p d l i t y d e s c r i b e d m a n d w h i c h e x e c u t e d t h e a b o v e i n s t r u m e n t ; t h a t of h e / s h e executerJ said i n s t r u m e n t b y r ^ r d e n n g t h e ( j o v e r n i n g B o d y of said m u n i c i p a l i t y pur'.u<.)nt to a r e s o l u t i o n vvhich w a s d u l y .idcjpted on ^ ; a c e r t i f i t ' d c o p y of s u c h r e s o l u t i o n a t t a c h e d h e r e t o a n d rrlade a p a r t hererjf. Votar-, PuI^Ik �VIAPSIIinVINCi VII I ()|- SI hl-l'V Hon ow KKSPONSIIilUrV lOK SNr/vV,<i ic 1;( OMKOI.ON MAII- I IK ,11 WAV SToK 11II si OF ;()(wi(i ;oii i: CKNTER I.ANK M I L K S \S( )NS CONTUAt r I \SK M I L F S SNOW AND ICF CONTROL si(i\i-:D RKJIONAl. DIRf-XTOR ()F (Jl'HRA HONS Date SIGNED l OR MtNICIPALl tY ROCICffOOO ST4TE PAUK per ack • Sle DATE �H i i r ' UP-" H i B i ; Hfiiil I rilrts I! »1 fi i i f n i i i j i i l f f r iifJifi I 'a Hiijii' II i m i n i m H I j j l i ; :•r 1i1H5' =oI H l| 3 jP; ill! •n I I f•Ji ff ?I i i i i i ! ! ; ® ! -•pfjj •tf5r» i i i i i i i Iff sf liiftiSiiifi . ' i l U l ' U l ' H I. = S f S r = 1 1 « S ; »! ilfjitf? 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Ihi»t. \n Ihc pcrrwmwamcc <»r the 'iUJc ctw^irs. ! {^lahrnti 9f>pi»caW* will be sffwtfct! eq»wl employment o^jrTja^Hk* wilhmi? dbfTiniinaiioT! JxT.-'irM' of rj^c. crccxi. color. nnin>ni«l fwiem. sc^. age. disshilify of n«rilal <l«ta. rrrnmcirr wiSi Toclodc Ihc pf»»vi«;kms of "a", "b". 81*1 "c* sbovxi. io itvxary over SSS-OW fJO Cm ihc ik4w»i>u«wi. ntajw repair, rcmiviniwn. plofintrig f>r lirnigTi of fwil pn^pcily •mf sn^firnvcmcnH thcn'oji tthc 'Work") ctcept where iJw Wt«rti n fnr the hcncfK-ial me of fbc Conlrae^w Scclion 31? iUki wm U) -wiMt. gmwJs »* w;r*tce« uanrclstcd so th» cmrtract; or {ij) cmf^tymcnl mit»ik Hew Yorii Sl«i»c: Of l^ankmg •Lcrvtrcs.. smaramrc ptjUocs m of neairiiic*. The Sw»c shall a*et«k-r ctw^lrancc by a tiw nx^i^irtrment* »» ' f way fciVcral ctmccming tt|tKil cmj^oywtfif «Tfjfx*nwtii> •.vfin:h cffccmatc5 Uk |n»rrH«c of ihss THc wn^rwriing agciKy (ktcrminc whether imfwwHion ofiHc •cqus'Ttnmrii s.V provnioo* thoitcwc Of cnnOk-t wMh any such federal sm^ if such ihiplH-atim or con-^it! the ilutt ^he ap^KsbiUly 2 iW c»!ct»t of mrh dtiplJcaJion f'ftnustrt.'r c>.«itji!y with at! dyly pT\>muifaic\t awl Ja^fM! mics ami rcjtulaiiom of ihc Eni^jirc SsjMc !'>c«-f)i'!{jfiicf« C>irr»oraJH«n"« {Jivn^i.^n of M«mw!?y Wtimcn's Bijsin^'ss iMWRDi pcnmning l^rdo. CQNFtKI^TINQ TCRM5- 'he cvvnl of « conflict between the term* of the cotwrwrt tirKluding sfiy and si' rtfistlu'^cf!' soil amcodrtwoM itH-TCfn aw! tf»e trtrm of this Apfcmfs* A. the tcrrmof H iW A «hi»n U. GOV£RN?iNG LAW. Th « cootr*! rcJcrn' 'tip-crnsLy cisu^c fcqmres ntlKnt-isc he jhsvcmcd hy t^w laws of she State of hicw York wlicrc ^W. Hy Arfirlr 11-A of (.fiwymt-nl af«l mny totwrs' lo he pan! H, rinwcc Ls^ i,, }Uxhy NO ARPITRATION. D»«tn«c« involves »Hi* twrtran. ^whRlmt he »«thn»Mcd Hmj.og arhilraluw mtU^iwircn t.nnpctctl iMttdictioo of tin; S'Bte of Nc^v *rfi« ftn faic fwiym^.n .'laJI H.- aUc^l hmn-h Owrcnf way mrt m«w<. .miead. he Kr«»r,! .n a ..f S£R-V|C£ Of PROCESS In »*khlnm !o ti^ nHi^^j by tiw r,y,| fractinr Law ^ tn «-r»k-.- jwrv,-** hv 'h cvft.ruHi ma.!, rciw RHk-< { 'i n R"). Coniractor hcfchy n-cci|j» rcqocstctl Serine !«rrfumicr shali be ittm^U-tc uptm C ret-fipt of jwkx^* m np-m iWStales rccr'pl of ihc return thcri-ofhy iIk Hmsctl "^satr* fosisl Sctv^cc m rvfiwcd «vr CorWfwt.vr fMwnf«!y i«»Mfy (he Stsk. m wfiiing. of rsth vwry chaofc addrrw to whirh wrviw f^! fSfo S»c ntmit Service hy the Slate !o the iasJ known swWrc** sHail syfr.tK-m Ctrnxiw^.u-^, Havr sl-mY { trskj-wtoi .in^ sn^-r tjTvirc lK-ti-u»i»k-f eotitpMc m whK-h Ui or inonCAL liA^pWi?^ tw nil pro,h.c1* k. he uodc^ shn omm» K tmi fmt ko^oj »«. and provisi.w, of rVnamiv- la- f ! nf TfOfHt-s! Hwdw^^i^J which prr4«HiH f^irt-ha*^ aod iwt: nf tniriical tpunr.rslly hy (tte w soy Ett^rfoowmal agcory »« fwkkeai w»hdivi«iw or |H«hlk- hcwfU QujiUru-aii.wi fm m cxco^i^hmi (hit law will ihc flK coijiraclf* (o rstahlkh to oxccS iHc approva! ,.r 5!bIc in aiWilitm. when any portion of tt«ii rontriM^ nnf the s»c of wi-^wk. w}K-4l«rr m m*i«llaiio« « pcrfwnwtj by any sobr»mfr»cl«f, Ihc prtmc Co«tracUw wHi sswl ccnify m the -st^ilic*! HM «»t»contrw-t«»- h» been mfortticl am] is in cnonj'.Uancc wnh ^.pccsfkraikwyi »mi rcf»n5»n* use of as tfrtaihNl in f!f.5 Tiosn,! Any wrtk «« Rf-^oval of the ..llter^viw. tin- Nrf may nra beCTm«<JrftMirc*p»»«ii»r Umhs* v^siifwirtkim. ..f ftcsWHW c.<.-mp«ioo will be the rctptmsihdity itf tl»c I orrirj.fim wi»h ol iHc ihmt iht " HACPmPS FAIR RHPt.<?rM£|vj JRIffCirLO (NOIM-rcoCRAL AID YORK ?TAl t CDNl RACTS) hi aceiwdancc ^-iih the Matflrkk- fait &op»»yt»crtt rnmr«ph:7« U Iw^cr W? of tlx; Law-* »l ikc f Wrar^m hereby siipulaK^s il«tt it«: C«>«irsi-«» ciJitc* h«sTO^tn^ntcm in N^wnhew irrSaml, «« lake lawful sicf^ m faith lo crmdsK:! nny h!«mt-s.« tjpcrafiow »« Nswihrm Irr^mt io ihr MacPfidc Fair l-n»pioytncnl PrincipU-* (a,* .}cscfi»«cd h> SiTtn^^ of 'Iw: New Yori. Slaii- Hoaocc L.a«V and ehatt pcti«k oHkT>cmk:'« mmiiioni^ of compliance wifh «iM-h ffiKEfiMOSl' « raOCUREMEHT ACT OF p»'»hry tif Y.HV ho-ior** crrtcrj*i»<«. •nclwliofs «kr«»r.iy and «o{^lHf» on ft* pr»>ewcm<ot owuw.s m i hir.irmaliofl on the 8»»ilRbili«y of New Yo«l; 'iiBtv fKOfl-FEOERAL ft! NY5 Departmcti! «f FcrwHTtoic Oc^lofwiicoi l)iyi!iin« ,.r Mto«wity smi Wonw-n * fVv ^n ^fih TeaH St 2mJ Floor Albany, Hew York ! 224*' htfp'f'w^Vfw «TT?pirc ov HEW YORK oirtct».•» 1 STATE fwtnripiWww r<t Ym^ !»Mklcnt, ttatf^w^ ami and st^^riicr^ ss available hj^ti' NYfJ tHfMrtmeof of Dtvisitwi for flMsiocs* in So!rth fcftrl Si - 7* Floor Al!«jny. New Vmk 12245 TclqifvrmcA Ti»OTli>ry of rrrtificti (nioorily ami wmi AI0 t„ .ita^inkrc fiw nwrn-.! Iw-.m-** cnH-rprt^ �Tltc llmftibtij t'rocwcmeni Act of !9'J2 rcqtiife* ih«l liy iigtimg h»«S ( i^fi*cicif* certify whetwrvtir the bid •mouni ii ffc«ici tfmri ?! mHJsi m or conUat!. « l») Conii»ctm h»i mwie resiimshlc cftoflj lo cmroHr«ge the pankipniion of New Ymk Stt^e lUnines* l:a<cfpsnes -^lif^hcis $»rt»contfK-u>»s, influ^inf ceriffied riim«HH\ und women-ownf^tl H<»ii{wcj$ ctncf-pmrs, un ih»5 (Huftei, *«<{ h»> fclaincd lf>e t»f ihrse eff'>n» U> he fwovuled ijpwi rrqursi m fKc .Siaic. lbs I < h«s ca«n5»{tc»J wNh ihe f cJ««l A^:! cv< 1. 2ft5). as amcfwicd. (c^ T^c »f»ees w» make je«o«»iik c.'ftwfi Ut ptuvtilc mHtRcUmn !« New Yoik Slilc resitknis of ct»*pltjyfm-ni c»pps>rT«m» i es tm thn project luimg wiy ssfch poiHHjftj wifH Jnb Service f>ivHinn uf !hc ^Jc* York S««« ie r»«j»«ri»»»4ml i>f I abor, of pro»i<lfnf i*»cli m»iirn;»«H»n in »«»rinfr at i» e«5ii«i»lff«l W!fh exi»li»i|; coiftctivt b*ff»m»nf <«>« i !1m:H of t^fttmenii, TKc i ofjJ»»cJtM sftc?^ Ui thtig effoiu \n piovi.le ttul tliHumenJsiii"! iSic ."SUKc ofwn letjticM. am! j»J) T}»c Cofli»»t;iof »ckrH»w}etl|;ej nntice the S««e may seek »o f»l)!a!n fciwh of Hni ctmlrac! »nd igtees 4o ci»of»ef«lc wilh she Sl«lc in JheJc cfftwu cretiiis ftijm ftwcigii cwmtnes is t B£arBaaiY.-AMi-aA«ciiaNs,. r B o y i a o B a a a s i f f c f j m a A L j a i ^ ^ LOf^TfiAdS)- Biii^cts tkiJ if ihen |»iiRcip«l fiiste tif hmutc%s % t kjcstc.} MI a ciMBilty. nmt.m, iHmi penxlizfs New York SiMe vcmkMS. smi if Ihe footls of Jcfvkcs they ofTci Male m (».>}fiic«l wsH iw strt>si»f«i»»y fwwfatced m perftwrned m^SMte New Yofk Stale, jhe Omriibm Procwcmcnl Ad 1994 »wl -lOOO smcmhrntHj |( >ii^Hcffe!l4•mi Hm^CT 3I!3. rM^Kdively^ rcm«»e th»« ihey be «knkt1 c«nlf»ci$ wWch ihxy ii»ia»n Nt1TK. At of M«y 15. 2002, Jtw liM of «!i»rf»mm»iory jwiidicOonj nibjer? »3 i ihu prnvision tht nf Smrth CtftvUna. A5»sk«, Wcii! Virgirna. WymHing. l owjsiant wid llswan I «»nJ»c« NYS IVj»«ft)ncni of Hc«a»fimk l3cvcl«»n««t foi s cwnenJ lijl <»f jimsJiciiim* si»}!)cci lo ihif |»«f>viwm. ftmCHASHS or APfAHCU »€cw.j»nce whIi S«»tc Fmance {•*-*), St«tc not jwjftW Muy ft«Mii »fiy veni1*M iinabte m »n»if}tng lo ccftify i)m»! (i) such wvj miioir»r1itfc<} in cr«nipli»n« e wtsti t'! liAioi •nd occj^H«m*! wifely incltHJwg. Wt imh Hmiled !«». clitM labor liiwi. wmge BMd hmjri !«»» •ml mwfcpUcc s«tcly Itwi. (li) ven«.k>r wi!} $«»fjf»)y, wi!h Ms h»d {or. if mx • bttJ stHMMum, io ut m the i»nc of iifiMng • ctmltatl wiili Ac if ktMwn, ihe r«n».c«, wk! uddiMsrj of c»c!i j»ibcu»itt«c«w ami a tbt uf iJJ mtiwifatiiNfRf f»}»nU Uj t»« t«iN»nt by the iMtWet. H. CDffl'RACT Ttft^M^^A'P^^ cvc»H (I li T tmncf ftmnti iimi 11 T W S i r t e r e s e r v e s i h e righl w l e n n i M a l e i M j c t w r f r t r t tn ifK hy CmUitctm ilie c«»lific»ikwt ftSed she m »tci«ril8rscc w i i h live r c q u M e m c « l » cm»J»»»c«l in S»»!c ®»k1 Jl^k vtM% i m e « l i o n J i J ! y f i i s c w irnefi»i«m«!ly i r t c o t n p i c i e U{mw s j i r h n « » ! i n f . tt>e S m e e » e f r t » e I's tcfmiiMiiuw* n g h J h y p r o v i d . n g wfiMcn rtoJifiCBJU'n ii; tl»e r'on!r»c(iM in s c c w ^ i ^ m r c w i t h wiH^ntM mrfiRcsiMm teims of ihe i:m«!r»c) 24. AL INFORMATION SEt^'URITY. r«w>4j»cti« con^ly wtif" Itw fwovisMWI of Mme New Yfwk SiaJc k.fo«ni«naii urify «fKt TJ.rtificwiJtMi Act (<htnttimi Hui»r»«ss L«w Sertii»« If9-iia. Slate f ecfinok»|y la'.* Sct-JUMi 2»8) f ih»li b« li»Wc Iw llie ciHli •JSocisted W!i!f such t»fCftcli if ciused by tmtlfuctm'i tscfUgci^ iM wsHf^y 4CIS tM rtinbsttiiti. m OC i iwgljfenS of wiMfti! Ms m omissions a( Cnnisittim'i •^enis. offk cn, �Whereas, the Court Clerk and Judge have recommended a $2.00 per hour salary increase for Court Officer, Robert Kearns, and Whereas, there are funds available in the 2011/2012 operating budget for this salary increase. Now, therefore, be it resolved the Board of Trustees hereby authorizes a salary increase of $2.00 per hour to Court Officer, Robert Kearns, effective immediately. Move: Trustee Wompa Seconded: Trustee Stupel Vote: 4-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing the Mayor to sign an IMA Agreement with the County of Westchester to Provide for the Enforcement of for-hire vehicle Regulations Whereas the County of Westchester offers a program to local municipalities to assist in the enforcement of laws pertaining to the regulation and enforcement of the business of transporting passengers in for-hire vehicles in Westchester County, including the licensing of for-hire vehicles, drivers and base stations by the Westchester County Taxi and Limousine Commission; Whereas the Board of Trustees desires to support the enforcement of these laws and encourages the apprehension and prosecution of all violators; Now Therefore Be It Resolved the Board of Trustees hereby authorizes the Mayor to execute the attached IMA agreement with the County of Westchester. Moved: Trustee Carr Seconded: Trustee Wompa Vote: 4-0 �T H I S A G R E E M E N T made this day o f , 2011 by and between: T H E C O U N T Y O F W E S T C H E S T E R , a munieipal eorporation o f t h e State of New York, having an oftlee and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 1()6()1 (hereinafter referred to as the "County") and _Village of Sleepy Hollow , a municipal corporation o f t h e State of New York, having an office and principal place o f business at 28 Beekman A v e Sleepy HoUow NY (hereinafter referred to as the "Municipality") WITNESSETH: W H E R E A S , the County by Local Law No. 9-1998 added Chapter 270 to the Laws of Westchester County, and W H E R E A S , Local Law No. 9-1998 regulates the business o f transporting passengers in tor-hire vehicles in Westchester County, including the licensing of tor-hire vehicles, drivers and base stations by the Westchester County Taxi and Limousine Commission (the "Commission"), and W H E R E A S , I.ocal Law No. 9-1998 provides tor the entbrcement o f t h e Local Law through an administrative hearing process (Local Law No. 9-1998 §§ 270.1 1 7 270.124) whereby the Commission issues a summon and complaint; an �Administrative Law Judge hears the proeeediiig, eonduets a hearing, and issues Findings and Reeommendations to the Commission; and the Commission renders a decision, and W H E R E A S , section 270.117 of Local Law No. 9-1998 authorizes the Commission or its designee to issue s u m m o n s and notices to any one alleged to have violated the Local Law, and W H E R E A S , the Commission has established rules and regulations implementing Local Law No. 9-1998, and W H E R E A S , in section 800.02 o f t h e rules and regulations implementing Local Law No. 9-1998, the Commission designated officers of any local police jurisdiction within Westchester County to enforce the Local Law through the issuance of a " S u m m o n s and Notice of Hearing" (referred to herein as "Appearance Tickets") thereunder, and W H E R E A S , it is the desire o f t h e parties to enter into this Agreement to set tbrth the terms by which the Municipality will assist the County in enforcing Local Law No. 10-1998 and the rules and regulations promulgated thereto within the Municipality's jurisdiction. SNOW, THEREFORE, in consideration o f t h e terms and conditions herein contained, the parties agree as follows: �Section I. Enforcement. a. Whenever the Municipality has reason to believe that a person, partnership, corporation or other entity as provided for in the Local Law is in violation of any provision o f the Local Law, the Municipality may c o m m e n c e an appropriate enforcement action by issuing an Appearance Ticket to the alleged violator in accordance with the terms of this Agreement and the terms of the Local Law. A copy o f the Local Law is attached hereto and made a part hereof as Schedule "A". A copy of the rules and regulations promulgated pursuant to the Local Law is attached hereto and made a part hereof as Schedule "B". The Local Law and rules and regulations promulgated thereto may be duly amended by the County from time to time. The Commission shall give the Municipality written notice of any amendments to the Local Law and the regulations promulgated pursuant to the Local Law. The Municipality shall enforce the Local Law and rules and regulations promulgated thereto as duly amended by the County. Any reference herein to the "Local Law" includes the rules and regulations promulgated thereto. b. The temis o f this Agreement shall only apply to the Municipality's issuance o f Appearance Tickets within its jurisdiction as provided for herein. c. The Municipality shall enforce the Local Law only with police officers as defined herein. A "police officer" shall mean a police officer who is an active member of the Municipality's police agency, capable of and not restricted from performing any o f his or her duties; not suspended, under charges o f misconduct, injured or not otherwise restricted from issuing appearance tickets tor the Municipality; and has received the training provided for in section 5 of this Agreement. �(1. I he County shall provide the Municipahty with Appearance Ticket forms to be used by the Municipahty in enforcing the Local Law. Fhe Municipality shall have each police officer issue the Appearance Tickets in sequential order. e. The County will provide the Municipality with a list o f the hearing dates that may be written on the Appearance Tickets. At the time of issuance, the Municipality shall write on the Appearance Ticket a hearing date that is on the County's list and at least three weeks in advance o f the date the Appearance Ticket is being issued by the Municipality. f Notwithstanding section 273.51 of the Laws of Westchester County, but rather in accordance with the Local Law, the County shall enforce, prosecute, hear and determine all Appearance Tickets issued hereunder pursuant to the ternis of the Local Law and shall handle such tickets as in its discretion it deems appropriate. The collection o f unpaid penalties and the resolution o f s u c h tickets also shall be handled by the County as in its discretion it deems appropriate. g. Nothing in this Agreement is intended to restrict or diminish the authority o f the County to initiate or cause to be initiated actions for violations of the I.ocal Law through the issuance of Appearance Tickets or otherwise anywhere within the County, including, without limitation, within the jurisdiction of the Municipality. h. Pursuant to the terms o f this .Agreement, the Municipality's obligation to enforce the Local Law is discretionary. i. Either party may notify the other party when they have reason to believe a person, partnership, coqwration or other entity is in violation of the Local Law. �Such notice, however, shall not prohibit the notifying party from taking appropriate enforcement action with respect to such violation within the terms of this Agreement. j. Whenever the Municipality initiates an enforcement action hereunder, the Municipality shall provide reasonable assistance to the County in enforcing and prosecuting the action, including, without limitation, the following: (i) at the request o f the County, providing access to and copies o f all evidence of any f o r m and all records, data and recordings of any nature complied by the Municipality concerning the Appearance Ticket, including without limitation, notes, reports, drawings, negatives of photographs, computer printouts, video or audio recordings, computer data or diskettes, any digitized information, electronic records or readings and any other kind of records, data, recordings or form of evidence. (ii) at the request of the County, appearing as a witness in the C o u n t y ' s enforcement action and hearing. Section 2. Maintenance of Data. All records created or compiled by the Municipality in performing the services described in this Agreement shall be retained (i) as provided for in section 57.25 the Local Governments Records Law (Article 57-A of the Arts and Cultural Affairs Law) and the applicable New York State Department of Education Records Retention and Disposition Schedule for the Municipality or (ii) for at least two (2) years after termination of this Agreement, which ever is longer. �Section 3. Rcportina. a. Upon the issuance of an Appearance Ticket, the Municipality shall give the top, original copy to the alleged violator and the second copy to the County as provided for in subdivision (b). The last or third carbon copy shall be retained by the Municipality as provided for in section 2 o f this Agreement. b. The County and the Municipality agree to establish a mechanism for the delivery o f copies of Appearance Tickets to the County on a weekly basis. T h e particulars o f s u c h delivery system shall be reduced to writing by the parties prior to the Effective Date c. The County shall provide the Municipality with quarterly progress reports, which shall include the (i) following; a list of all Appearance Tickets issued by the Municipality under this Agreement for the quarter, listed in sequential order, (ii) the police officer who issued the Appearance Ticket, (iii) the section o f the Local Law violated, and (iv) any other reasonable information requested by the County. d. Each Appearance Ticket shall continue to be listed on the C o u n t y ' s quarterly progress report until it is resolved in accordance with the terms of this Agreement. e. f h e quarterly progress reports shall be submitted every three (3) months after the Effective Date and continue every three (3) months therealler. �f. The C\)unty and the Municipality agree to establish a mechanism for the delivery DTquarterly reports to the Municipality. The particulars o f s u c h delivery system shall be reduced to writing by the parties prior to the Effective Date. Section 4. Fee. a. For the services rendered pursuant to this Agreement, the Municipality shall be paid a quarterly fee equal to twenty five percent (25%) of the total penalties collected by the County trom the enforcement of the Appearance Tickets issued by the Municipality under the terms of this Agreement tor each particular quarter (the "fee"). b. No payment shall be made by the County to the Municipality tor out of pocket expense or disbursements made in connection with the services rendered hereunder. e. The fee shall be paid quarterly upon the submission by the Municipality of a payment voucher as provided tor in section 8 of this Agreement. Section 5. Training. a. T h e County shall train the Municipality on how to enforce the Local Law by (i) providing the Municipality with copies of the Local Law and educational materials and (ii) training a police officer from the Municipality's police agency on how to enforce the Local Law ("local police otTicer"). The local pc)lice officer, alter being trained by the County, shall train all other police officers on the Municipality's police agency on how to enforce the Local Law as instructed by the �County, riiis training may include, but is not limited to, iiaving the local police oUlcer ride with a County police officer in order to train the local police officer. b. The Municipality shall distribute the Local Law and the educational materials to every police officer in its police agency and any new police officer hired by the police agency during the term of this Agreement prior to the police officer enforcing the Local Law under the tenns of this Agreement. c. The Municipality shall ensure that every police officer in its police agency, including the local police officer referred to in subsection (a) of this section 5 and any new police officer hired during the tenn of this Agreement, participates in and receives the training as provided for herein prior to that police officer enforcing the Local Law. Section 6. Cooperation. a. The parties shall cooperate with each other in perfonning their respective obligations under this Agreement. b. Each party shall provide the other party with all documentation, reports and information which the other party reasonable requests in order to fulfill its obligations under this Agreement. c. f h e Municipality shall designate a liaison to communicate with and meet fhe Commissioner of Public Safety (the "Commissioner") or his designee on an as needed basis regarding the coordination of police services under this Agreement. Section 7. Notices. All notices of any nature refen-ed to in this Agreement shall be in writing and either sent by registered or certitled mail postage pre-paid, or sent by hand or �overnight courier, or sent by Facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. To the County: Commissioner Westchester County Department of Public Safety Westchester County Police Saw Mill River Parkway Hawthorne, New York 10532 With a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, N e w York 10601 To the Municipality: VILLAGE OF SLEEPY HOLLOW 28 B E E K M A M A ^ N U E SLEEPY m L i X M U ^ l M m Section 8. Payment Vouchers. a. The Municipality may request payment from the County quarterly as provided for herein by submitting a properly executed Payment Vouchers o f t h e County. b. f h e Payment Vtiuchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. �c. The Municipality shall attach to the invoice the C o u n t y ' s quarterly progress report showing the lee owed to (lie Municipality for the quarter. d. The Municipality shall attach to the invoices copies of any other back-up documentation reasonably requested by the County to substantiate the Fee to be paid to the Municipality. e. The Payment Voucher shall be paid only after approval o f t h e Commissioner. Section 9. Back-Up Documentation. a. The Municipality shall maintain accurate and complete records and back-up documentation detailing the services provided by tfie Municipality under this Agreement and shall maintain such documents as provided for in section 4 oFthis Agreement and shall allow the County access thereto for inspection and photocopying at all reasonable times. b. The Agreement and the documents concerning the services provided hereunder are subject to audit by the County, and the Municipality agrees to cooperate with any such audit. Section 10. Effective Date and Term of Agreement. a. This Agreement shall not take effect until signed by all parties, approved by the Town/Village/City Attorney and approved by the O f f i c e o f t h e Westchester County Attorney (the "Effective Date"). b. f h i s Agreement shall terminate live (5) years after the fifTective Date. �Section I I. Termination. a. Either party may terminate this Agreement on ten ( ! 0 ) days written notice to the other party whenever it deems it to be in its best interest, hi such an event, (i) the Munieipahty shall return all unused Appearance Tickets to the County, (ii) the Municipality shall be compensated and the County shall be liable only tor services rendered prior to the effective date o f termination pursuant to the terms of this Agreement, (iii) the Municipality shall assist the County in enforcing and prosecuting Appearance Tickets issued prior to the effective date of termination until such tickets are resolved, and (iv) the County will continue to issue the quarterly progress report to the Municipality until all Appearance Tickets issued prior to temiination are resolved. b. In the event the County determines that there has been a material breach by the Municipality of any o f the ternis o f the Agreement and such breach remains uncured tor tbrty-eight (48) hours after service on the Municipality o f written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement. The Municipality shall return all unused Appearance Tickets to the County. c. in the event the Municipality determines that there has been a material breach by the Ct)unty o f a n y of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours alter service on the County of written notice thereof the Municipality, in addition to any other right or remedy it might have, may �terminate this Agreement. Fhe Munieipality shall return all unused Appearanee Tiekets to the County. d. Seetion 12. Notice hereunder shall be effeetive on the date of mailing. Insurance and Indemnification. The Munieipality agrees with and shall be subject to the Insurance Requirements contained in Schedule "C", which is attached hereto and forms a part of this Agreement. In addition to, and not in limitation of the insurance provisions contained in Schedule "C", the Municipality agrees: (a) that except tor the amount, if any, of d a m a g e contributed to, caused by, or resulting trom the negligence of the County, the Municipality shall indemnify and hold harmless the County, its t)fticers, employees, agents and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the pertbrmance or failure to pertbrm hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide d e f e n s e tor and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. The County represents to the Municipality that it is a self-insured entity and shall prt)vide the Municipality with written p r o o f o f same from its risk management office. In addition, the County agrees: �(a) that except tor the amount, if any, o f d a m a g e contributed to, caused by, or resulting from the negh'gence of the Municipality, the County shall indemnify and hold harmless the Municipality, its officers, employees, agents and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the County or third parties under the direction or control of the Municipality; and (b) to provide defense tor and defend, at its sole expense, imy and all claims, demands or causes of action directly or indirectly arising out o f this Agreement and to bear all other costs and expenses related thereto. Section 13. No Third Party Beneficiary. Nothing in this Agreement shall act to confer third party beneficiary rights on any person or entity not a party to this Agreement. Section 14. Empioyees. a. The Municipality and the County agree that the Municipality and its officers and employees are independent contractors and not employees of the County or any department, agency, or unit of the County. In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor its officers or employees will hold themselves out as, nor claim to be, officers or employees of the County or o f any department, agency, or unit thereof b. Nothing in the Agreement shall impose any liability or duty on the County for the acts, omissions, liabilities or obligations of the Municipality, or any �person, firm, company, agency, association, expert, consultant, independent contractor, specialist, trainee, employee, servant or agent of the Municipality for the payment of taxes of any nature, including, but not limited to, sales tax, unemployment insurance, w o r k m e n ' s fee, disability benefits or social security. Section 15. Compliance with Law. a. The Municipality shall comply with all laws applicable to its performance under this Agreement, including, without limitation, the Local Law. b. Without limiting the foregoing, the Municipality represents and warrants that, pursuant to applicable provisions of law, including but not limited to section 39 o f the Town Law or section 8-802 of the Village Law, it has authorized its police agency to en force the Local Law pursuant to the terms of this Agreement. c. The Municipality shall comply with all directives of the Commissioner regarding the entbrcement of the Local Law, including, without limitation, any directive suspending entbrcement of the Local Law until tlirther notice by the Commissioner. Section 16. Non-Discrimination. f h e Municipality expressly agrees that neither it nor any contractor, subcontractor, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual t)n the basis o f race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or �carrier status during the term o f o r in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County. Section 17. Entire Agreement, A m e n d m e n t and Assignment. a. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. b. This Agreement shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each o f the parties. c. Any purported delegation o f d u t i e s or assignment of rights under this Agreement without the prior express written consent of the County is void. The Municipality shall not subcontract any rights or responsibility under this Agreement without the prior express written consent of the County and without the County approving the subcontract agreement to be entered into between the subcontractor and Municipality. Such consent and subcontract shall not create any relationship between the County and the subcontractor. All services performed by an approved subcontractor shall be deemed work pertbrmed by the Municipality. d. This Agreement shall be construed and enforced in accordance with the laws of the State of New York and shall be heard in a court of competent jurisdiction of the State of New York in Westchester County. Section 1 8. Headings. Phe headings are Ibr references purposes only. �Suction 1 N o a. VVaivcr. The failure ot either party to insist, in any t)ne or more instances, upon strict performance of any term or cx)ndition herein contained shall not be deemed a waiver or relinquishment tor the future of such t e n n or condition, hut the same shall remain in full force and effect. b. Acceptance by the County of any services hereunder with knowledge o f a breach o f any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County o f any provision hereof shall be implied. Section 20. Singular/Plurai. Any reference herein to the singular tense of a word shall include the plural tense o f the word, and any reference herein to the plural tense of a word shall include the singular tense of the word. Section 21. Counterparts. This Agreement may be e.xecuted simultaneously in several counterparts, each of which shall be an original and all o f which shall constitute but one and the same instrument. �IN W I T N E S S W H E R E O F , The County of Westchester and the Municipahty have caused this Agreement to be executed. T H E C O U N T Y OF W E S T C H E S T E R By. Commissioner Department of Pubhc Safety THE MUNICIPALITY ) ( . ^ a m e a n d 1 itle) Approved by the day o f Q l i i ^ , 2011. Board of the --T of ^ ^ Approved by the Westchester County Board of Legislators on the , 2011 by Act No. . I / M "le / / { A >) th day of Approved by the Westchester County Board of Acquisition and Contract on the of Approved as to tbrm and manner of execution; Assistant County Attorney f h e Ct)unty of Westchester K:)pg tic, Revenue Share IMA Approved as to form and manner of execution file Attorney of day �ACKNOWLEDGMENT STATE O F N E W Y O R K ) ss.: COUNTY OF On tlie day o f J _ in the year 2()j I before me. the undersigned, personally appeared ^ Q A j J ^ ^ - j ^ , ^ • l U , personally known to me or proved to me on the basis of satisfaetory evidenee to be the individual{s) whose name(s) is (are) subseribed to the within instrument and aeknowledged to me that he/she/they exeeuted the same in his/her/their eapaeity(ies), and that by his/her/their signature(s) on the instrument, the individual{s), or the person upon behalf of whieh the individual(s) aeted, executed the instrument. Date: P Q^L Notary Public PWLA A MCCARTHY Notary Public - State of New York NO. 01MC6198640 Qualified in Weslchesta, , it CfuntM I My C o m m l M l o n Exoirm l i t - �CERTlFtCATE OF AUTHORITY (MUNICIPAL CORPORATION) (Otficer ()tl|er t lan ottlcer signing contrac AO certify that I am the the M M A A i ^ i T c f t d / ^ of (Nanife o t Municipal Corporation) a comoration duly organized and in good standing under the VifiO^P ( J W (Law under which organized, e.g., the New York B u s i n e s ^ ^ o t ^ r a t i o n Law) nained in the foregoing agreement; that (Person executingagreement) who signed said agreement on b e h a l f o f t h e (Name of Municipal Corporation) was, at the time of execution i i L i mL person) o f SUM t of the Municipal Corporation and that said agreement was duly signed tor and on behalf of said Municipal Corporation by authority of its governing body, thereunto duly authorized and that such authority is in full force and e|ffect at the date hereof STATE OF NEW YORK ) ss.; C O U N T Y OF On t h e / g ? / day of| w in the year lO f J before me, the undersigned, a Notary Public in and for said State personally appeared, personally known to me or proved to me on the basis o f satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say Jljat @ h e resides at l O ^ A ^ X ^ x A OfUi^ ^ J ^ Y fOgP^id i(^/'she is an officer of said municipal corporation; t h a ^ ^ p s h e is duly autmlraed to execute said certificate on behalf of said municipal corporation, and that he/she signed his/her name thereto pursuant to such authority. PAULA A MCCA> Notify Public • Statt of New York MO. 01MC6I98640 Qualified in Wesrchester County My Commission Expires l i J j ^ j I j ^ �SCHEDULE"A" C H A P T E R 270, F O R - H I R E V E H I C L E S See. 270.100. Legislative intent. It is hereby declared that the business of transporting passengers in tor-hire vehicles in the County of Westchester is a vital and integral part o f t h e transportation system of the county and therefore must be supervised, regulated and controlled by the county to protect the health, safety and welfare o f its residents. (Added b y L . L . No. 9-1998) Sec. 270.101. Scope. This chapter shall apply to ail for-hire vehicles providing transportation within the County o f Westchester. This chapter shall not apply to taxicabs, buses or wheelchair accessible vehicles. In addition, this chapter shall not apply to tor-hire vehicles which are licensed by a local municipality that regulates for-hire vehicles and which operate exclusively within that local municipality. (Added by L.L. No. 9-1998) Sec. 270.102. Definitions. 1. Affiliated driver. An affiliated driver is a person who drives a for-hire vehicle and who is licensed by the commission. 2. Aftlliated vehicle. An affiliated vehicle is any for-hire vehicle which is licensed by the commission to be dispatched by a particular base station. 3. Base station owner, A base station owner is any individual partnership, corporation or any other entity licensed by the commission to own and iiperate a base station. 4. Base station. A base station is a central facility which dispatches affiliated vehicles licensed by the commission. 5. Chairperson, Chairperson means the Chairperson o f t h e Westchester County Taxi and [.imousine Commission. �6. Coniinission. Commission means the Westchester County Taxi and Limousine Commission. 7. Deeal. A deeal is a sticker issued by the commission evidencing a tor-hire vehicle permit. 8. Dispatch. A dispatch is an instruction to an aftlliated driver by a base station to provide transportation to a passenger who has previously arranged tor such transportation with the base station. 9. For-hire vehicle. A for-hire vehicle is any motor vehicle used to transport less than twenty (20) passengers who will be required to pay tor such transportation. A tor-hire vehicle shall not include taxicabs, buses, wheelchair accessible vans or funeral cars. 9-a. Funeral car. A ftjneral car is a motor vehicle operated solely tor the purpose of carrying passengers from a specific location to a Funeral parlor or cemetery and the return of such passengers to a specific location. 10. For-hire vehicle permit. A tor-hire vehicle permit is a perniit issued by the commission to the owner of a for-hire vehicle to allow such vehicle to be dispatched by a base station. 11. Mailing address. Mailing address means the address designated for the mailing of all notices and correspondence trom the commission and for service of summonses. In the case of the base station, it shall be the base station address. In the case of the driver, it shall be the home address of the driver. In the case of the owner of a tor-hire vehicle, it shall be the home or business address of the owner. 12. Passenger. A passenger is a person who is being transported by a for-hire vehicle, or a person who is awaiting the arrival o f a tor-hire vehicle. 13. Police officer. A police officer is any person described as such in New York State Criminal Procedure Law Section 1.20(34). 14. Taxicab. A taxicab is a motor vehicle regi.stered with the New York State Department of Motor Vehicles as a "Taxi" and bearing a "Taxi" license plate that cairies no more than five (5) passengers in Westchester County who will be charged tor such transportation and that is licensed as a taxicab by cither a local municipality within Westchester County or by the commission, 15. Vehicle owner, A vehicle owner is an individual, partnership, corporation or any other entity in whose name a vehicle is titled. For purposes of these rules, the term shall also apply to the lessee of the vehicle ft-om the titled owner. �16. Weapon. A weapon is any firearm, electronie dart gun, gravity knife, switehblade knife, razor blade, bo.xeutter, cane sword, billy, black-jack, bludgeon, metal knuckles, chuka stick, sandstick, slingshot or any other instrument, real or simulated, which is capable of inflicting or threatening bodily harm. 17. Wheelchair accessible vehicle. A wheelchair accessible vehicle is a vehicle which is utilized exclusively for the purpose o f transporting persons in wheelchairs. (Added by L.L. No. 9-1998; L.L. 18-2002; L.L. No. 15-2004, § 1) Sec. 270.103. Powers and duties of the commission. The board shall have the following powers and duties: 1. To hold at least one meeting each month. Other meetings may be held as necessary for the efficient discharge of the business of the commission; 2. To e.xamine the quahtications and fitness o f applicants for pemiits or licenses under this chapter; 3. To approve the issuance o f permits or licenses to applicants who possess the requisite qualifications in accordance with this chapter; 4. To issue permits or licenses as approved by the commission and signed by the Chairperson of the commission; 5. To number all permits and licenses in the order in which they are issued; 6. To accept fbnnal complaints from local municipalities and private individuals; 7. To suspend or revoke licenses or permits for cause as provided in this chapter; 8. To conduct investigations or cause investigations to be conducted, regarding any application, compkiint or alleged violation of this chapter; 9. To subpoena witnesses and records relating to compliance with this chapter; 10. f o impose and cH)llect fines for violations of this chapter; 11. f o keep rect)rds of all its meetings and proceedings and of all licenses and permits issued, suspended or revoked by it, and to make such records available for public inspection; 12. To establish rules and regulations as may be necessary to effectuate the provisions of this chapter; 13. To prepare a manual of all its rules and regulations and to tiirnish copies thereof to persons tlesiring the .same upon payment t>f a fee of $0.25 per page; �14. To enter into a contract with the New York State Division of Criminal Justice Services in order to effectuate the provisions of this chapter relating to fingerprinting and criminal background checks; 1 5. To enter into agreements regarding reciprocity as may be necessary to effectuate the provisions of this chapter, subject to any other provisions of law. (Added by L.L. No. 9-1998) Sec. 270.104. Permits and licenses; aenerally. 1. All applications for a permit or license pursuant to this chapter must be completed in a manner authorized by the commission. 2. A permit or license issued to a new applicant shall expire one year subsequent to the last day of the month in which such application was m a d e for the permit or license. 3. A permit or license issued to a renewing applicant shall e.xpire one year from the date on which the previous permit or license expired. 4. A renewing applicant must file a completed application on or before the expiration date of the permit or license unless: a. The commission, in its discretion, permits a late filing; and b. The applicant pays an additional fee to be determined by the commission. 5. The fee for an original permit or license or a renewal thereof shall be paid at the time o f filing the application and shall not be refunded in the event of a disapproval of the application. The amount of the fee will be determined by the commission. 6. An applicant must pay an additional fee for each permit or license issued to replace a current license or amend a permit or license. The amount of such additional fee will be determined by the commission. (Added by L.L. No. 9-1998) Sec. 270.105. Application for an affiliated driver's license. An app the commission, the County of Westchester, or any department thereof by leaving a copy with any person located at the address designated in his or her application. (Added by L.L, No. 9-1998) �See. 270.106. Conduct of affiliated drivers. An aftlliated driver must: 1. Immediately surrender his or her aftlh'ated driver's lieense to the commission upon the restriction, suspension or revocation of his chauffeur's hcense; 2. Notify the commission of the loss or theft of his affiHated driver's hcense within 24 hours, exclusive of ho hdays and weekends; 3. Not alter, deface, mutilate, or obliterate any portion o f his or her affiliated driver's license or the attached photograph; 4. Immediately surrender his or her affiliated driver's license to the commission if said license is unreadable or otherwise unrecognizable, and replace said license; 5. Not enable another person to use his or her aftlliated driver's license; 6. Immediately inform the commission when convicted of any crime and must supply the commission with a certified copy o f the Certificate of Disposition issued by the Clerk of the Court; 7. Upon filing for Workers' Compensation benefits, submit the affiliated driver's license to the commission and cease driving a for-hire vehicle, for so long as the driver claims a disability that prevents the driver from operating a vehicle tor-hire. Such license shall not be returned until such driver presents to the commission documentation of cessation of Workers' Compensation benefits due to recovery from such work-related disability, as provided in this chapter; (S. Notify the commission in person or by first class mail o f any change of mailing address, within seven days, exclusive of holidays and weekends. Any notice from the commission shall be deemed sufficient if sent to the last mailing address furnished by the driver; 9. Exhibit his or her chauffeur's license, affiliated driver's license, and tor-hire vehicle pertnit, and give to such other person his name, aftlliated driver's license number, and forhire vehicle permit number, as well as the name of the vehicle's insurance carrier and the insurance policy number, before leaving any place where the affiliated driver, either due to his or her culpability or due to an accident involving the driver's tor-hire vehicle, injured another person or caused damage to the property of another person; �10. Must operate his or her for-hire vehiele at all times in tiill eompliance with all New York State, Westehester County and local municipality laws, and the rules and regulations of Westchester County Airport, local municipality, and any agency having jurisdiction with respect to matters not otherwise specitically covered in this chapter; 1 1. Not operate a tor-hire vehicle with an expired New York State registration; 12. Not operate a tor-hire vehicle without a valid decal and a valid tor-hire vehicle permit issued by the commission. Said decal must be affixed to right front windshield; 13. Not operate a tor-hire vehicle unless the following items are present in the tor-hire vehiele: 14. (i) The affiliated driver's license; (ii) The certificate of registration or legible copy thereof; (iii) The for-hire vehicle permit or legible copy thereof; and (iv) The insurance card or legible copy thereof; Not solicit or pick up passengers by means other than prearrangement with his or her base station; 15. Not pick up a passenger at an authorized taxi stand; 16. Not carry a weapon under any circumstances while operating a tor-hire vehicle. This prohibition shall include any weapon that the driver may otherwise be licensed to carry, however, the commission may issue a waiver of this provision to an off-duty police officer who is required to carry a weapon at all times pursuant to the regulations of his/her employing department; 17. At all times, remain inside his or her vehiele or within 15 feet thereof in areas designated by the Westchester County Airport or the Port Authority of New York and New Jersey and shall not solicit or pick up passengers at the Westchester County Airport, any Westchester County facility, or any facility o f the Port Authority of New York and New Jersey except by prearrangement; 1 8. Not smoke in a tor-hire vehicle; 19. Not refuse to transport any person with a physical disability who is capable of entering and exiting a for-hire vehicle with or without rea.sonable assistance or any guide dog a.ssisting such person; �20. Permit a passenger to ride in the front seat alongside the driver if the passenger is unable to enter or ride in the rear seat; 21. Not operate a for-hire vehiele unless he is lieensed by the eommission and affiliated with a lieensed base station; 22. Not operate a for-hire vehiele without a valid New York State ehauffeur's lieense or a valid lieense of similar elass o f the state of whieh he is a resident. For purposes of these rules, a valid ehauffeur's lieense of similar elass shall mean a lieense whieh is neither suspended, revoked, conditional, or restricted as to use on account of points or accidents issued by the Department of Motor Vehicles of the state issuing said lieense. (Added by L.L. No. 9-1998) Sec. 270.107. Application for a for-hire vehicle permit. 1. The owner of a for-hire vehicle shall be responsible for obtaining a tor-hire vehicle permit from the commission annually. 2. Only vehicles with three or more doors will be pennitted to operate as tor-hire vehicles within Westchester County. 3. An applicant tor a tor-hire vehicle permit must: a. Be fingerprinted for the purpose of securing criminal history records trom the New York State Division of Criminal Justice Sei'vices and shall pay the processing fee for such service. Such fingerprints and processing fee are to be forwarded to the New York State Division o f Criminal Justice Services, fn the event that the applicant is a partnership, all o f the general partners shall be fingerprinted. In the event that the applicant is a corporation or other entity, all of the officers, principals, and stockholders owning more than ten percent of the outstanding stock shall be fingerprinted. If subsequent to the fingerprinting o f t he applicant or during the term of the for-hire vehicle permit, one or more partners, officers, principals or stockholders is added to the partnership, corporation or other entity, and if such an individual would have been the subject of fingerprinting upon the initial application tor a for-hire vehicle permit to the commission, that individual shall also be fingerprinted in accordance with this subdivision. I ' p o n renewal of a tbr-^hire vehicle permit, the applicant must submit an affidavit to the commission atte.sting to any violatitins or crimes that such applicant has �been convicted of subsequent to the date of fingerprinting. The Chairperson of the commission shall review the records received tiom the New York State Division o f Criminal Justice Service in a manner consistent with Article 23-A o f the New York State Correction Law and shall report to the commission, as necessary. b. Inform the commission of each and every driver who will operate the for-hire vehicle; c. Agree that the delivery o f a summons, notice or any other document prepared on behalf of the commission to any driver of the for-hire vehicle shall be deemed proper service on the owner of a for-hire vehicle; d. Agree that the delivery o f a summons, notice or any other document prepared on behalf of the commission to the registrant or the lessee of the vehicle shall be deemed proper service on the owner of a tor-hire vehicle; e. Indicate each and every licensed base station with which the for-hire vehicle is to be affiliated. (Added by L.L. No. 9-1998) Sec. 270. i 08. Conduct of the owner of a for-hire vehicle. The owner of a tor-hire vehicle must: 1. Immediately surrender his or her tor-hire vehicle permit to the commission upon the expiration, restriction, suspension or revocation of his or her vehicle registration card; 2. Not allow his or her vehicle to be dispatched by anyone other than the representative of an authorized base station as indicated on the for-hire vehicle permit; 3. Comply with the New York State Vehicle and Traffic Law and the New York State Insurance Law regarding coverage by bond or policy of liability insurance and all other fonns of insurance required by law. Notwithstanding the aforementioned, the owner of any for-hire vehicle which can transport more than five passengers, must maintain personal injury insurance coverage of no less than $50(),()()().()() per accident where one person is injured and $ 1,000,()()().00 per accident for all persons injured in that same accident; �4. Surrender his or her tor-hire vehiele permit and deeal to the e o m m i s s i o n on or b e f o r e the termination date o f the insuranee, unless the o w n e r o f the vehiele submits p r o o f o f new insuranee effeetive on the date o f termination o f the old poliey; 5. Notify the e o m m i s s i o n in writing o f any e h a n g e in insuranee eairier or eoverage, s p e e i f y i n g the name and address o f the insuranee eairier, new and former, and the n u m b e r o f the poliey for the for-hire vehiele and submit p r o o f o f sueh eoverage to the e o m m i s s i o n within seven days, exelusive o f holidays and w e e k e n d s ; 6. Immediately suiTender an unreadable for-hire vehiele permit or deeal to the e o m m i s s i o n for replaeement; 7. Immediately notify the e o m m i s s i o n o f the thert, loss o r destruetion o f a for-hire vehiele permit or deeal, and furnish the e o m m i s s i o n with any proof or doeumentation as may be required by the e o m m i s s i o n ; 8. Immediately replaee any tor-hire vehiele permit or deeal w h i e h has been stolen, lost or destroyed; 9. Report to the eommission, in writing, o f any lost or stolen license plates within 48 hours, exelusive o f w e e k e n d s and holidays; lO.InfonTi the eommission, in writing, o f the replacement o f license plates and the new license plate numbers; 11. N o t i f y the c o m m i s s i o n in person or by first class mail, within seven (7) days, exclusive o f holidays and weekends, o f any c h a n g e o f mailing address. Any notice from the c o m m i s s i o n shall be d e e m e d sufficient if sent to the last mailing address furnished by the for-hire vehicle o w n e r ; 12. Immediately c o m p l y with all c o m m i s s i o n notices and directives to correct defects in said vehicle; 13. Have his or her tor-hire vehicle inspected on a daily basis in order to reasonably determine that all equipment, including but not limited to, brakes, lights, signals and passenger seat belts and shoulder belts are in g o o d working order; 14. Have his or her tor-hire vehicle inspected annually and at any other time as directed by the commission, by an inspector authorized by the New York State Department o f Motor Vehicles or an inspector authorized by the Department o f Motor Vehicles o f the state in which the Ibr-hire vehicle is registered. �Sec. 270.109. Conditions of operation relating to for-hire vehicles. Both the owner of a base station and the owner of a for-hire vehiele shall be responsible for coinplianee with the following provisions. Failure to ensure eompliance is deemed to be a violation by both the owner of the base station and the owner of a for-hire vehiele. No for-hire vehicle shall be used to transport passengers unless the vehicle is in compliance with all of the following: 1. A valid registration sticker from an authorized state motor vehiele department is affixed to the left front windshield so as to be plainly visible; 2. A valid commission decal is affixed to the front right side of the windshield o f the for-hire vehicle so as to be plainly visible; 3. A current New York State Department of Motor Vehicles inspection sticker, or a current inspection sticker from the state in which the for-hire vehicle is registered, must be affixed to the front left side of the windshield so as to be plainly visible; 4. The license plate number indicated on both the state registration and commission decal must match the license plates affixed to the vehicle; 5. The vehicle identification number (VIN) indicated on both the state registration and commission decal must match the VIN of the vehicle; 6. A tor-hire vehicle shall not be equipped with a "roof light". A "roof light" is equipment attached to the roof of a vehicle, or extending above the roof line o f a vehicle, for the purpose of displaying intbrmation; 7. No for-hire vehicle used in the course of operations of a tor-hire vehicle service shall he, in whole or in part, any shade of yellow; 8. No for-hire vehicle shall be equipped with a meter; 9. A for-hire vehicle must contain the following items either on the right front visor, on top of the right side of the dashboard or in the glove compartment: (a) The certificate of registration or legible copy thereof; (b) The for-hire vehicle permit or legible copy thereof; and (c) The insurance card or legible copy thereof; 10. A base station owner or a for-hire vehicle owner must not dispatch or otherwise enable an aftlliated driver to operate a for-hire vehicle if: �a. The affiliated driver's chauffeur's hcense is expired, suspended, i)r revoked; or b. The affiHated driver's chauffeur's Hcense is restricted as a result of accidents or other violations of traffic laws or regulations; c. The affiliated driver's license issued by the commission is expired, suspended, or revoked; d. The for-hire vehicle permit issued by the commission is expired, suspended, or revoked; e. The registration of a for-hire vehicle is expired, suspended, or revoked; f The affiliated driver is under the intluence of any drugs or alcohol or whose driving ability is in any way impaired; 11. No vehicle may operate as a for-hire vehicle if the commission, the New York State Department of Motor Vehicles or any other state's department of motor vehicles, has detennined that the vehicle is unsafe or unfit for use as a for-hire vehicle; 12. (a) No for-hire vehicle shall be used in the course of operations o f a for-hire vehicle service unless all seat belts and shoulder belts shall be clearly visible, accessible and in good working order; (b) Each for-hire vehicle shall, in addition to being equipped with seat belts for each seating position and shoulder belts for both outside front seat jx)sitions, be equipped with shoulder belts for both outside passenger rear seat positions. (c) Every base station owner or his or her designee shall provide upon request to all potential passengers who will be traveling with a child age four years and under a child safety seat which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R, 571.213 and which is either permanently affixed i)r is capable of being atllxcd to such vehicle. Nothing herein shall prevent the passenger from using his or her own child safety seat provided such arrangements arc made prior to the dispatch o f (he vehicle. .All base station owners or their designees shall make reasonable efforts to inform the general public o f the availability o f and need for child safety seats in for-hire vehicles through means approved by the Commission. All child safety seats used in tor-hire vehicles pursuant to this paragraph shall be installed in accordance with the manufacturers in.stallation instructions for the particular child safety scat. �Sec. 270.110. Application for a liccnse to operate a base station. 1. An applicant must pay an annual fee tor a license to operate a base station. The amount of the annual fee will be determined by the commission. 2. An applicant must submit a list of all drivers and for-hire vehicles to be dispatched by said base station. 3. The applicant shall provide to the commission a bond in the amount of five thousand dollars {$5,000.00) with one ( I ) or more sureties to be approved by the commission. Such bond shall be tor the benefit of Westchester County and shall be conditioned upon the licensee complying with the requirement that only affiliated vehicles currently licensed by the commission are dispatched. In addition, the bond shall assure the payment by the licensee of all civil penalties imposed pursuant to any provision of this chapter. 4. An applicant for a license to operate a base station shall be fingerprinted for the purpose of securing criminal history records ttom the New York State Division o f Criminal Justice Services and shall pay the processing tee for such service. Such fingerprints and processing fee are to be forwarded to the New York State Division of Criminal Justice Services. In the event that the applicant is a partnership, all o f the general partners shall be Fingerprinted. In the event that the applicant is a corporation or other entity, all of the officers, principals, and stockholders owning more than ten percent of the outstanding stock shall be fingerprinted. If subsequent to the fingerprinting o f the applicant or during the term of the license to operate a base station, one o r more partners, officers, principals or stockholders is added to the partnership, corporation or other entity, and if such an individual would have been the subject of fingerprinting upon the initial application for a license to operate a base station to the commission, that individual shall also be fingerprinted in accordance with this subdivision. Upon renewal of a license to operate a base station license, the applicant must submit to the commission an affidavit attesting to any violations or crimes that such a licensee has been convicted of subsequent to the date of fingerprinting. The Chairperson of the commission shall review the records received trom the New York State Division of Criminal Justice Serv ice in a manner consistent �with Article 23-A o f the New York State Correction Law and shall report to the commission, as necessary. (Added by L.L. No. 9-1998) Sec. 270.111. Commission's review of base station application. 1. Upon receipt of an application tor the issuance of a license for a new base station or for the renewal of a license for a base station, the commission shall, within five business days, submit notification to the Mayor or Supervisor of the city, town or village o f the mut ' ' '^h such base station is or would be located or to the designee o f such Mayor or Supen'isor. 2. Upon reviewing an application for a license to operate a base station, the commission shall ex?""' "id consider, among other things: a. 1 lie abiiii^, nf'the applicant to adequately manage the base station; b. The applicant's financial stability; and c. The applicant's previous history, if any, in operating a licensed base station; d. Any relevant information maintained in the records of the Department of Motor Vehicles or the commission. 3. Approval of an application shall be evidenced by the issuance o f a license bearing a number assigned by the commission. (Added by L.L. No. 9-1998) Sec. 270.112. Base station license requirements. A base station owner shall be responsible for compliance with the following provisions and shall he liable for violations thereof: I. A licensed base station owner must at all times: (a) Have at least one owned or affiliated vehicle; (b) Maintain a principal place of business in accordance with laws of the municipality; (c) Provide safe and adequate storage for all business records which are required to be maintained; �(d) Maintain an operable telephone at the base station; and (e) Provide a meehanism for transmitting trip request intormation to affiliated drivers. 2. (a) A base station owner shall not advertise or eommunieate to the publie that his base station provides "for-hire serviee" before obtaining a base station lieense issued by the eommission. For the purposes of this provision, "for-hire service" shall inelude, but not be limited to, the terms "livery", "ear service", "black car" or "limousine"; (b) A base station owner shall not hold himself out tor business as a "taxi" or "taxicab" service or in any way use the word "taxi", "taxicab", "cab," "hack" or "coach" to describe his business without proper licenses; (e) A base station owner shall file with the commission the name, including any trade name, and address of the base station trom which for-hire vehicles affiliated with such base station are dispatched. 3. A base station owner shall conspicuously state in all print and broadcast advertising that the base station is licensed by the commission and shall include in such advertising the number contained on the license to operate a base station issued by the commission. 4. A base station owner who seeks to change the address of a base station must apply for a new base station permit in accordance with the requirements o f this chapter. A base station owner who moves a base station to any location without the prior approval o f the commission is operating an unlicensed base station in violation o f this chapter. 5. A base station owner shall not transfer or assign the base station owner's license to another without the a)mmission's written approval. 6. A base station owner shall not dispatch a for-hire vehicle from any location other than that specified in the base station license. (Added by I..L. No. 9-1998) Sec. 270.113. Operation of the base station. A base station owner shall be responsible for compliance with the following provisions and shall be liable for violations thereof �1. A base station owner shall be responsible for handling passenger eomplaints. Complaints about a base station or an affiliated driver or vehiele that are registered with the eommission shall be logged in at the eommission, assigned a ease number and referred to the appropriate b a s e station. Within ten working days from the date of referral, the base station shall notify t h e eommission in writing, making referenee to the ease number, regarding the satisfactory handling of any such complaint. 2. Upon filing with the Workers' Compensation Board to end the disbursement o f b e n e t l t s for a driver due to recovery from a disability and readiness to work, a base station owner shall provide the driver with documentation that benefits have ceased in order for the commission to return such driver's license. (Added by L.L. No. 9-1998) Sec. 270.114. Base station record-keeping and notice requirements. A base station owner shall be responsible for compliance with the following provisions and shall be liable for violations thereof: 1. Any notice from the commission shall be deemed sufficient if sent to the last mailing address furnished by such base station owner. 2. A base station owner must notify the commission when a driver or tor-hire vehicle is no longer affiliated with his/her base station. 3. A base station owner shall be responsible for filing with the commission, on an annual basis, or whenever there is a material change, the schedule o f the rates of fare charged by such base station. 4. A base station owner shall comply with all record-keeping procedures established and required by the commission, f h e operational information and inspection records required to be maintained, which are set forth in subdivision 5. of this section, shall be safeguarded and maintained at the base statiitn for a period of I 2 months, and may be inspected by commission representatives during regular business hours. 5. A base station owner shall be responsible for ensuring that the following records are kept: �(a) The date and the time that each call tor a dispatch was received as well as the location and destination o f t h e passenger to he picked-up and the commission license numbers o f t h e driver and vehicle dispatched; and (b) A list of all current affiliated vehicles, including the owner's name, mailing address and home telephone number, the vehicle's registration number, the vehicle's commission permit number, the license plate number o f t h e vehicle, the name o f t h e vehicle's insurance carrier and the policy number, and the dates of inspection o f t h e vehicle and the outcome o f e a c h such inspection. (Added by L.L. No. 9-1998) Sec. 270.115. Conduct of licensees/permittees. 1. A licensee or permittee shall immediately report to the commission any request or demand tor a girt, gratuity or thing of value by any employee, representative or member o f t h e commission. 2. A licensee or permittee shall cooperate with all law enforcement officers and authorized representatives o f t h e commission, including but not limited to giving, upon request, his name, license or perniit number and other documents required to be in his possession. 3. A licensee or permittee shall not use or attempt to use any physical force against a passenger, commission representative, public servant or other person, while performing his duties and responsibilities as a licensee or pennittee or as a result of actions which occurred in connection with a licensee's or pemiittee's performance o f his duties as such. 4. A licensee or permittee shall be responsible for answering truthfully and complying as directed with all questions, communications, directives, and summonses fh)m the commission or its representatives, as well as producing any licenses or other documents required to be kept by the commission whenever the commission requires him to do so, within ten days of notification. A base station owner shall have an affirmative duty to aid the commission in obtaining information sought by the commission regarding drivers or vehicles affiliated with such base station. 5. Except as provided for in section 270.106 6. o f this chapter, a licensee or permittee shall be responsible for notifying the commission within 15 calendar days after any felony conviction o f t h e licensee, individually, or in the event that the licensee is a partnership or �corporation, any individual who was required to be fingerprinted. Such notification shall be in writing and must be accompanied by a certified copy of the certificate of disposition issued by the clerk of the court with respect to such conviction. (Added by L,L. No. 9-1998) Sec. 270.116. General prohibitions. 1. No person shall operate a base station without a license from the commission. 2. No license for a new base station shall be issued for a period of three years subsequent to a determination in a judicial or administrative proceeding that the applicant or any officer, shareholder, director or partner of the applicant operated a base station that had not been licensed by the commission. 3. It shall be unlawful to operate a tor-hire vehicle without an affiliated driver's license issued by the commission. 4. It shall be unlawful for an owner of a vehicle to allow or otherwise enable his or her vehicle to be operated as a for-hire vehicle without a for-hire vehicle permit issued by the commission. 5. A person who engages in an activity for which a permit or license is issued pursuant to this section, after the expiration date of such permit or license and before the issuance of a renewal permit or license, is engaged in an unlicensed activity and may be subject to penalties pursuant to this chapter. 6. A for-hire vehicle permit shall be valid only while the registration o f t h e vehicle remains valid. Operation of a vehicle without a valid registration is operation without a valid forhire vehicle permit in violation of this chapter regardless of whether a tor-hire vehicle permit had previously been obtained while a registration was valid. 7. No unauthorized amendment or defacement shall be made to either the for-hire \'ehicle permit or decal. Added by L.L. No. 9-1998) �See. 270.117. Suinnions; notice of hearing; and service. 1. The commission or its designee may issue a s u m m o n s and notiee of hearing to anyone alleged to have violated any provision of this chapter. 2. The summons and notice of hearing shall contain the following information: a. The name(s) o f the respondent(s); b. The date o f issuance; c. The nature o f all charges including the date(s) o f the alleged violation(s) and the section(s) of this chapter alleged to have been violated; d. The penalty sought; e. The signature o f the members o f the commission or its authorized representative, f The date, time and place of the hearing to be held before an Administrative Law Judge; g. A statement that the respondent has the right to be represented by counsel and the right to e.xamine and cross-examine witnesses; h. A statement that the personal appearance of the respondent is required at the hearing; i. A warning that failure to appear at such hearing shall constitute a default whereby the Administrative Law Judge may proceed with the hearing in respondent's absence and a determination may be made against the respondent without fijrther opportunity tor respondent to offer evidence or a statement in mitigation of penalty; and j. A statement that an adjournment may be granted only upon application to the Administrative Law Judge. 3. Failure to comply with the provisions of 2. above will not result in a dismissal of the charges, but will only require that the summons and notice be amended accordingly. 4. Hearings shall be held no less than 15 days alter service of the summons and notice of hearing. 5. T'he s u m m o n s and notice of hearing shall be served u[X)n a respondent by: a. Personal service on respondent or his or her designee; or b. By certified mail, return receipt requested; or c. If the commission is unable to serve respondent in accordance with provisions a. and b. then by affixing the s u m m o n s and notice of hearing to the door of the �designated mailing address and by mailing a eopy thereof to sueh address by llrst class mail. Mailing address means the address designated tor the mailing. In the case of the base station, it shall be the base station address. In the case of the driver, it shall be the home address o f the driver. In the ease o f the owner o f a torhire vehicle, it shall be the home or business address o f the owner of the tor-hire vehicle. Any other documents to be served upon the respondent in connection with the hearing may be served by ordinary mail. Sei'vice by mail shall be deemed completed five days after mailing. (Added by L.L. No. 9-1998) Sec. 270.118. Adjournments. 1. A request for an adjournment should be made to the Administrative Law Judge prior to the date of the appearance and shall be granted only for good cause. 2. When granted, an adjournment shall be to a specified date, time and location. (Added by L.L. No. 9-1998) Sec. 270.119. Proceedings; in general. 1. All proceedings before the Administrative Law Judge will be open to the public except when the Administrative Law Judge shall, in his or her discretion, determine otherwise. 2. Upon a respondent's initial appearance, the Administrative Law Judge shall: a. Advise the respondent of his or her rights; and b. Request respondent to enter a plea of "guilty" or "not guilty" to the charges. 3. In the event that the respondent pleads "guilty", the Administrative Law Judge shall permit the respondent to offer an explanation to the charges in mitigation of the penalty. 4. in the event that the respondent pleads "not guilty", the Administrative Law Judge shall schedule a formal hearing. 5. In the event that the respondent fails to appear and there is proof of service of the summons and notice of hearing upon the respondent, the Administrative Law Judge may proceed to an inquest hearing. The Administrative I.aw Judge may draw a negative inference fi'om respondent's failure to a p p e a r �See. 270.120. Hearings. 1. A verbatim record of the hearing shall be made either by stenographer or by use of an electronic device. 2. A copy of the verbatim record o f the hearing shall be made available to a respondent upon the request of the respondent and upon payment by the respondent for the cost of reproduction. 3. The Administrative Law Judge shall have the authority: a. To make findings of fact and recommendations to the commission regarding all requests, including motions to dismiss; b. To add a party respondent to the proceedings upon notice to both the party respondent to be added and the respondent named in the proceedings; e. To administer oaths and affirmations; d. To issue subpoenas to compel the attendance and examination of witnesses and the production of books, records, papers and other documents; e. To admit and exclude evidence; f To limit the repetitious examination or cross-examination of any witness and the amount of corroborative or cumulative testimony; g. To hear argument on the facts and/or law; h. To order the parties to appear for a prehearing conference to a)nsider matters which may simplify the issues or expedite the proceeding; i. To order opening statements, and/or oral or written closing statements to be made; during any stage of the proceedings direct a respondent to comply with the applicable law or to cease a course of conduct or activity where there is reasonable grounds to believe such conduct or activity constitutes a violation of this chapter; perform all acts and take all measures necessary, but not otherwise prohibited by this section, for the maintenance o f o r d e r and the cftlcient conduct of the hearing. 4. f h e Administrative Law Judge may allow any party to amend or supplement a pleading at any time prior to the submission of the Administrative Law Judge's findings of fact and recommendat ions. 5. The strict rules of evidence need not be ob.scrvcd. �6. Each party sliall have the right to present evidence and to cross-examine witnesses, 7. The Administrative Law Judge may take judicial notice o f a n y judicial or administrative proceedings. 8. All evidence, including records, documents and memoranda in the possession o f t h e commission of which it desires to avail itself, shall he offered and made a part o f t h e record. All such documentary evidence may be received in the tbrm of copies or excerpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated shall be available tor examination by the parties in advance o f being received in evidence. 9. The written reports of state, local officials and/or the commission shall be presumptive evidence o f t h e facts so stated therein relating to complaints, alleged violations, investigations, proceedings, actions, orders, entbreement of this chapter and the applicable laws, and shall be received as such in evidence. 10. The commission or its designee has the burden of proof and of going forward in all enforcement cases. I 1. The findings and recommendations o f t h e Administrative Law Judge shall be founded upon substantial evidence. (Added by L.L. No. 9-1998) Sec. 270.121. Administrative Law Judge's findings of fact and recommendations. 1. The Administrative Law Judge shall within 30 days after the conclusion o f t h e initial appearance or hearing, as applicable, prepare and render findings o f fact and recommendations in writing to the commission, 2. I'he findings of fact and recommendations to be submitted to the commission shall contain the following, as appropriate: (a) Findings of fact, conclusions of law and either a "guilty" or "not guilty" determination; (b) The incorporation in the decision o f a n y stipulation of discontinuance entered into between the parties to the proceedings; �(c) A recommended penalty (whieh may include the revocation or suspension o f any license or permit issued by the commission to the respondent); (d) A directive to coirect any existing or continuing violation of this chapter and any applicable law and the measures required to correct such violation; (e) A directive to cease and desist an operation, activity or action determined to be in violation of this chapter and any applicable law; (t) A directive to institute a procedure, method, strategy or technique required to comply with this chapter and any applicable law; (g) A specified condition to suspend any assessed civil penalty; (h) A posting of a bond or escrow account approved by the commission to insure a respondent's compliance with the decision; and (i) The inclusion of a penalty contained in a stipulation of discontinuance conditioned upon a respondent's failure to meet any milestones or provisos for a)mpletion of corrective measures. 3. The commission shall render its decision within one month of receipt of the Administrative Law Judge's findings of fact and recommendations. A copy of the commission's decision shall be served upon a respondent. (Added by L.L. No. 9-1998) Sec. 270.122. Enforcement; violations. 1. Any fines and/or penalties imposed by the commission shall be calculated on a daily basis for each day a violation or condition is permitted to e.xist. 2. The commission, arter complying with the hearing requirements set forth in this chapter, may impose reasonable fines not to exceed $ 1,5()0.(){), or suspend or revoke any driver's license, vehicle liccnse or ba.se station license where the holder has failed to comply with or has willfully i)r knowingly violated any of the provisions of this chapter. 3. An action tor the recovery o f a penalty under this section may be settled or compromised by the commission prior to the entry of judgment theretbr. 4. Expenses and costs incurred by the county for the enforcement of this chapter against the respondent may be assessed against a respondent in addition to any other fines or penalties. �5. The failure to ct)mply with an order of the commission for violations, or the failure to timely pay for any civil penalty imposed, shall be grounds: a, Fo commence legal action to enforce the order or recovcr the civil penalty in any court of competent jurisdiction; and/or b. To suspend the respondent's license or permit until the civil penalty is paid and/or until respondent fully complies with the order of the commission. 6. A person who willfully violates, refuses or fails to comply, with any order of the commission is guilty of a misdemeanor and subject to penalty as prescribed by law. (Added by L.L. No. 9-1998) Sec. 270.123. S u m m a r y action to suspend a license. 1. Where the commission has reasonable grounds to believe that it is necessary, in order to insure the public health, safety or welfare, it may order summary suspension o f a license pending revocation proceedings. 2. Such summary order shall be served upon the respondent by personal service or by certified mail, return receipt requested, and regular mail at the last address on file with the commission. 3. Where summary suspension is invoked, the commission shall c o m m e n c e proceedings before an Administrative Law Judge within 72 working hours and such Administrative Law Judge shall promptly make a detemiination thereon. Notwithstanding the aforementioned, no proceeding is necessary where the summary suspension results from a non-payment of a fine or a failure to comply with an order in accordance with section 270.122 5.b. 4. If the facts on which violations are based are also the subject o f a pending criminal investigation or criminal proceedings, then the Administrative Law Judge may postpone the hearing until a reasonable period of time following the final disposition o f t h e criminal investigation tir criminal proceedings. The suspension o f t h e respondent shall continue pending the hearing, i f d e e m e d appropriate by the Administrative Law Judge. 5. If the criminal investigation is concluded without the filing o f c r i m i n a l charges or i f t h e criminal charges are dismissed against the respondent, then the commission's suspension shall be forthwith vacated, lu)wever the proceedings before the Adnnnistrative Law Judge shall continue as otherwise provided in this chapter. �Sec. 270.124. Enforcement; violations; other than by prosecution. 1. Notwithstanding cntbrcement o f this chapter by w a y of administrative proceeding or recovery of civil penalties, revocation or suspension o f permits, the commission may seek to obtain voluntary compliance with this chapter or other applicable law by way of notice, permit, warning or educational means. 2. Nothing in this chapter shall be construed to require that such non-compulsory methods be employed or attempted before proceeding by way o f compulsory or other legally prescribed procedures or measures. 3. Vehicle Immobilization Program 1. As used in this section, (a) the phrase "vehicle immobilizer", also known as a "boot", shall mean any device, approved by the commission, which is locked to the wheel of a vehicle to prevent the vehicle from being driven. (b) the phrase "unanswered summons" shall mean any summons issued pursuant to section 270.1 I 7 o f the Laws of Westchester County which remain outstanding, unanswered or defaulted by the respondent. 2. In addition to any other penalties provided for in this Chapter, a vehicle immobilizer may be applied to any vehicle whose owner has either: (a) failed to pay civil penalties resulting from violations of this Chapter as against the owner of the vehicle, the driver of the vehicle and/or the owner of the base station where the vehicle is affiliated, which exceed $ 1,000; or (b) a total of five or more unanswered s u m m o n s e s from violations o f the For-Hire Vehicle Law as against the owner of the vehicle, the driver of the vehicle and/or the owner of the base station where the vehicle is affiliated, 3. rhe Commission and/or its designee shall notify the owner of the vehicle, the driver of the vehicle and/or the owner of the base station where the vehicle is affiliated, that a vehicle immobilizer may be attached to their vehicle(s) if the outstanding civil penalties are not paid within thirty (30) days or if the unanswered summonses are not finally satisfied within thirty (30) days. �4, Upon applying a vehicle immobilizer, the commission and/or any authorized person or entity designated by the commission shall provide written notification to the owner of the vehicle and the base station owner to which the vehicle is aftlliated, if any, of the procedure by which the outstanding civil penalties or unanswered summonses shall be satisfied and the vehicle immobilizer removed. Such written notice shall be made as soon as practicable but in no event later than two (2) business days after which the vehicle immobilizer has been applied. The driver o f the vehicle, if present, shall be notified immediately following the application o f the vehicle immobilizer of the procedure by which the outstanding civil penalties or unanswered s u m m o n s e s may be satisfied. 5. In the event that a vehicle is immobilized in a location where it cannot legally remain, said vehicle may be towed to a location designated by the commission. Law enforcement personnel may also tow a vehicle that has been immobilized for public safety reasons as well as to protect the immobilized vehicle. 6. The commission shall not authorize the release of any immobilized or towed vehicle until all of the following fees, fines, and penalties have been paid in tlill: (a) fees relating to the application of the vehicle immobilizer; (b) fees, if any, relating to transport o f any passenger, who was in the vehicle at the • thri» ' iucle immobilizer was applied. This fee, if any, shall be the same amount ..at tne passenger was being charged for his or her transport that was interrupted when the vehicle immobilizer was applied; 'c) fees for towing, if applicable; ipplicable; and (e) the uiidci i j ii., fine or civil penalty. 7. Fhe unauthorized removal or destruction of a vehicle immobilizer may result in a criminal prosecution in accordance with the provisions of the New York State Penal I-aw and the New York State Criminal Procedure Law. Added by L.L. No. 9-|i)<)8; amended by L.L. No, 12-2()()6) �See. 270.125. Severability. If any word, phrase, clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the words, phrase, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Added by L.L. No. 9-1998) �SCHEDULE"B" WCTLC RULES & REGULATIONS �SCHEDULE"C" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating o f A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. T h e policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County o f Westchester by registered mail, return receipt requested, tor all o f the to Ho wing stated insurance policies. All notices shall n a m e the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect trom the County, promptly obtain a new policy, submit the s a m e to the Department o f Risk Management of the County o f Westchester for approval and submit a certificate thereof Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality f r o m any liability under the Agreement, nor shall the insurance requirements be construed to contlict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason o f any operations under the Agreement, the amount of excess o f such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the tbilowing coverage (if additional coverage is required tor a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): Fund York 120.1 I,aw. (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Insurance C o m p a n y tbrm U-26.3 is required for proof o f compliance with the New State Workers' Compensation I.aw. State Workers' Compensation Board form DF3is required for proof of compliance with the New York State Disability Benefits Location o f o p e r a t i o n shall be "All k)cations in Westchester County, New York." �Wlierc an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits' Policy, or both, the employer must complete affidavit form WCVDB-lOO (revised 9/07), sign and notarize the form, and send to the NYS Workers' Compensation Board for (stamped) approval. Fhe stamped approval (valid for 1 year) should then be provided to the County of Westchester with all other insurance documentation. if the employer is self-insured tor Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate o f Workers' Compensation Self-Insurance, or GSl-105,2, Certificate of Participation in Workers' Compensation Group SelfInsurance). (b) Employer's Liability with minimum limit o f $ 100,000. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 tor property damage or a combined single limit o f $1,000,000 (c.s. 1), naming the County o f Westchester as an additional insured. This insurance shall include the tbllowing coverages: (i) Premises - Operations. (ii) Broad Form Contractual. (iii) Independent Contractor and Sub-Contractor. (iv) Products and Completed Operations. All Contracts involving the use of explosives and demolition shall provide the above coverage with elimination o f the XCU exclusion from the policy, or proof that XCU is covered. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 tor bodily injury and a minimum limit of $100,000 per occurrence t()r property damage or a combined single limit o f $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include tor bodily injury and property d a m a g e the following ct)verages: (i) Owned automobiles, (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the tbllowing clauses: (a) Insurers shall have no right to recovery i)r subrogation against the County of Westchester (including its employees and other agents and agencies), it being �the intention of the parties that the insuranee policies so effected shall protect both parties and be primary coverage tor any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County o f Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County o f Westchester (including its agents and agencies as aforesaid) for payment o f any premiums or for assessments under any form o f policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. �Resolution Regarding Agreement Involving Surveillance Cameras at College Arms Whereas, the owners of premises known as College Arms, located at 100 College Avenue, installed surveillance cameras throughout the premises; and Whereas, pursuant to an agreement with the Village of Sleepy Hollow and the owners the cameras feed the surveillance of the premises directly to the Sleepy Hollow Police Department; and Whereas, the owners pay to the Village of Sleepy Hollow the annual sum of $10,000 to assist with the surveillance of the interior of the premises by the PD; and Whereas, the ability to survey the premises through a live feed has proven beneficial to law enforcement; and Whereas, the owners of said premises are now desirous of upgrading and expanding the surveillance system and have requested the Village accept the cost of said upgrade and expansion in lieu of the agreed upon annual payment for a period of two years; and Whereas, Chief Camp has recommended the Board of Trustees agree to this proposal; Now, therefore, be it resolved the Board of Trustees hereby agrees to accept the upgrade and expand the surveillance system at the premises in lieu of their annual payment of $10,000 for a period of two years, commencing with the 2011 payment. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 4-0 �Whereas, the Board of Trustees has been in the process of revising the Village Code; and Whereas, the Village is working with General Code Publishers in this process; and Whereas, a public hearing is required to make any revisions to the Code and it is the intention of the Board of Trustees to hold an ongoing public hearing during the next few months to hear public comments on the revisions; and Whereas, there are some revisions which the Board believes will generate more public discussion than others, and the Board is desirous of ensuring that the public has ample opportunity to comment on the proposed revisions; Now, therefore, be it resolved the Board of Trustees hereby schedules a public hearing for Tuesday, October 25. 2011 at 7:00 pm, to hear and consider comments on the chapters pertaining to the following: Constables (currently Chapter 18); Defense and Indemnification (currently Chapter 23); Disciplinary Hearings (currently Chapter 27); Code of Ethics (currently Chapter 34); Fire Districts (currently Chapter 39); Ordinances (currently Chapter 65); Public Access to Records (currently Chapter 80); Recreation Commission (currently Chapter 83) Residency Requirements (currently Chapter 87) Alarm Systems (currently Chapter 110). Be it further resolved the Village Clerk make available copies of all proposed revisions for public inspection. Moved: Trustee Campbell Seconded: Trustee Wompa Vote: 4-0 �Public Hearing Notice Village of Sleepy Hollow Please take notice that the Board of Trustees does hereby call for a Public Hearing on Tuesday, October 25^*" 2011 at 7;00 p.m. or soon thereafter in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments on the chapters pertaining to the following: Constables (currently Chapter 18); Defense and Indemnification (currently Chapter 23); Disciplinary Hearings (currently Chapter 27); Code of Ethics (currently Chapter 34); Fire Districts (currently Chapter 39); Ordinances (currently Chapter 65); Public Access to Records (currently Chapter 80); Recreation Commission (currently Chapter 83) Residency Requirements (currently Chapter 87) Alarm Systems (currently Chapter 110). The above mentioned sections of the Village Code are available for review on the Village's Website at www.sleepyhollowny.gov and the entire Village Code is available for review in the Village Clerk's office, during business hours, Monday through Friday, 8:30 a.m. to 4:30 p.m. Residents are entitled to attend and be heard at said hearing. Village Hall is handicap accessible. By Order of the Board of Trustees Paula A. McCarthy Village Clerk Dated: October 11, 2011 �Whereas, it has come to the attention of the Board of Trustees that street signage posted throughout the Village may not always accurately reflect local law; Now Therefore, Be It Resolved, the Board of Trustees hereby authorizes the hiring of two persons to conduct a street survey of all signage within the Village for the purpose of Code Compliance; and Be It Further Resolved the lead person will be paid $25/hourly and the assistant will be paid $15/hourly. Be It Further Resolved no more than 160 hours in total is authorized for this project. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 4-0 �Resolution of the Board of Trustees Authorizing Block Party Be It Resolved the Board of Trustees hereby authorizes the Ragamuffin parade and block party on Saturday, October 29'^, 2011 starting at 12 noon on Munroe Avenue and Millard, and walk south towards DeVries Avenue. The Block party will be on DeVries Avenue between Munroe Avenue and Bellwood Avenue, ending at 3:00 pm. Be It Further Resolved the Board of Trustees directs the Chief of Police to coordinate the public safety issues with the applicants for the block party. Moved: Trustee Carr Seconded: Trustee Campell Vote: 4-0 �Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Approving the Actions of the Fire Chief BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow approves the actions of the Fire Chief in electing Edgar Brennan to active membership in Union Hose Engine Co. No. 2 and Elena Brennan to active membership in Fire Patrol Co. No. 1. BE IT FURTHER RESOLVED that the Board of Trustees directs the Village Clerk to notif/ the Fire Chief in writing of this resolution. Moved: Trustee Wompa Second: Trustee Stupel Vote: 4-0 �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2011 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2011-10-11 Subject The topic of the resource Board of Trustees Minutes-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text