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528

\ *i '&lt;

I
A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held
on Tuesday, November 25,2003 at 8 pm in Village Hall, 28 Beekman Avenue,
Sleepy Hollow, New York.
Present: Mayor Philip Zegarelli
Mario DiFelice
Richard Spota
Kay Brown Grala
Richard Zieja Trustees

Also Present: Dwight Douglas, Village Administration
Abraham Zambrano, Village Treasurer
Robert Ponzini, Village Attorney

i

Absent: Trustee Donald Stever
Trustee James Hart
Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.
Mayor Zegarelli commented that an executive session took place to discuss litigation
and personnel, but no action was taken.
Approval of Minutes
Trustee Zieja moved, seconded by Trustee Grala to approve the minutes of October
14,2003, motion carried unanimously.
Trustee Grala moved, seconded by Trustee Spota to approve the minutes of October
28, 2003, motion carried unanimously.
Trustee Spota moved, seconded by Trustee DiFelice to approve the minutes of
November 4„ 2003, motion carried unanimously.
Trustee DiFelice moved, seconded by Trustee Zieja to approve the minutes of
November 18,2003, motion carried unanimously.

I

Approval of Warrants
Trustee Zieja moved, seconded by Trustee Grala to approve the warrants of
November 25,2003 and authorize the Treasurer to pay the bills, subject to review,
approval and signature of the Mayor and Treasurer, motion carried unanimously.
Total of the General Fund is S366,364.23, the Parking Authority total is $986.84,
Water &amp; Sewer fund total is SI 1,366.10 and the Capital fund total is $162,009.77.
Public Comments
Mario Belanich asked when the plaques with names of those who donated for the
trees will be installed. The Mayor commented that we are working on i t

1

�529

Mr. Belanich asked about a new bulletin board in front of Village Hall. The Mayor
responded that we received a bulletin board from Mr. Perlmutter and it has to be
rewired before we can put it up.
Mr. Belanich commented that the red light at the top of Beekman Avenue is very
long which creates a dangerous condition when cars are merging.
Trustee Reports
Trustee DiFelice read the attached Public Works Report.
Trustee Spota reported that the Public Safety Committee met on Monday.
Police Department training took place recently. Lt. Barry Campbell, Sgt. Nick
Bizzaro, Sgt. Paul Hood, Sgt. Tom Eaton, Detective Jose Quinoy, Officer Richard
D'AUesandro, Officer Sonia Hennessey, Officer Vincent Lombard!, Officer Don
Pellegrino and Paul Cappello completed training in Domestic Violence in Children.
Police Officer Richard D'AUesandro Officer Charles Zekus successfully completed
the Counter Terrorist Education Course.
Sgt Greg Camp and Officer Sonia Hennessey successfully completed sixteen hours
in Police Lockup training.
Trustee Grala reported that Community Television is working on setting up their
studio in St. Teresas. Sunny McLean needs volunteers, furniture, carpeting, etc
Anyone who can help with this would be greatly appreciated.
Trustee Grala commented that we are working on a survey regarding Cable
television that we want to distribute to all resident for their input.
Trustee Zieja read the attached Fire Council's correspondence. Trustee Zieja
moved, seconded by Trustee DiFelice to approve their actions, carried.
Administrator's Report
Dwight Douglas reported that the building fee report for 2002-2003 has been
received.
The Cedar Street sidewalk project is underway.
The Public Schools district has prepared their final impact statement
Resolutions-Attached
Mayor's Report
Mayor Zegarelli appointed Trustee Grala to the Library Board to fill the unexpired
term of Trustee Zieja; Trustee DiFelice moved to confirm the Mayor's appointment,
seconded by Trustee Spota and carried.

2

�«»£

I

530

Mayor Zegarelli appointed Trustee Zieja, Irene Amato and Jean Balthazard to a
Special Joint School Board Committee. Trustee Spota moved, seconded by Trustee
Grala to confirm these appointments, motion carried.
Old Business-None
New Business-None
Communications. Petitions and Requests
Village Clerk read correspondence from North Tarrytown Market at 185 Valley
Street informing the Village that they have applied for an eating place beer license.
(Referred to Police Chief)
Village Clerk read correspondence from Paraiso Costeno Restaurant at 175 Valley
Street informing the Village they have applied for an additional liquor license at the
above address. (Referred to Police Chief)

i

The Mayor received correspondence from the Public Schools of the Tarrytowns
informing us that they are holding their annual toy drive.
The Mayor was in receipt of a letter from Leonard Andrew regarding the Zoning
Board meeting held in October.
The Board should have received a memo from Robert Stiloski regarding the
Westchester County mandated Home Improvement license.
He has received letters from residents regarding the proposed development on
Fremont Road.
Mayor Zegarelli received a letter from Nick Cicchetti regarding the DEC chemical
treatment of Fremont Pond.
He was in receipt of a turn-off notice for 148 Cortlandt Street and 157 N.
Washington Street
There being no further business, Trustee DiFelice moved, seconded by Trustee Zieja
to adjourn the meeting, carried.

I

Respectfully submitted,
Angela Everett
Village Clerk

3

�1,1

531

I
Sleepy Hollow Fire
Department

Memo
T&lt;K

Mayor &amp; Board of Tj

From: Fire Dept Council
Date:

11/25/2003

Ras

Active Membership

Please be advised that the fblowhg persons were etected to active memberehp.

1)

DavidRusselof137BeekmanAve.

Union Hose Co. No. 2

2)

Michele Santos of 330 South Broadway

Columbia Hose Co. No. 3

I

I
1

�•Ll'.V,.(.

532

PUBLIC WORKS REPORT
November 25,2003
REMINDER!!!!!
VILLAGE OFFICES ARE CLOSED Thursday THANKSGIVING DAY AND
FRIDAY THIS WEEK TOMORROW. WEDNESDAY IS ONLY RECYCLING
THROUGHOUT THE VILLAGE. REGULAR GARBAGE PICK UP WILL
RESUME NEXT WEEK
LEAF PICK-UP, YARD WASTE AND BRUSH WILL BE PICKED UP UNTIL
THE END OF DECEMBER OR THE FIRST MEASURABLE SNOW FALL.
CHRISTMAS TREES WILL BE PICKED UP DAILY UNTIL JANUARY 16 T H
2004 WHEN PLACED AT THE CURB.
Christmas decorations and lights are being put up.
Tree pruning/removal is ongoing when weather permits.
Quarterly water meter reading is completed.

»

We are in the process of installing the footings for the new ambulance building
extension.

�533

I
Meeting Date: 11/25/03
Resolution #: 11/222/03
Be it resolved that the Mayor and Board of Trustees does hereby approve pay
increases for the following School Crossing Guards retroactive to September 5,
2003.
Theresa Connolly
Silvia Copas
JohnLofaro

$12.75/hr.
11.50/hr.
12.50/hr.

Moved :Trustee DiFelice

Seconded :Trustee Spota

Vote:Unanimous

I

Resolution #: 11/223/03
Be it resolved that the Mayor and Board of Trustees does hereby set the hourly
salary for a Police Matron at $15.00 per hour.
MovedrTrsutee Spota

Seconded:Trustee Grala Vote:Unanimous

Resolution #: 11/224/03
Be it resolved that the Board of Trustees does hereby set the following dates for
work sessions and board meetings for the month of December.
Work Sessions- December 2"d and December 9th .
Board Meeting: December 16* ; and any additional meetings will be at the call of
the Mayor in case of emergency.
Moved :Trustee Grala

Seconded :Trustee Zieja

Vote:Unanimons

�534

CM

I

/f-f
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Execution
Inter-Municipal Agreement
WMD Training and Equipment

Whereas, The Department of Emergency Services (DES) of Westchester County has
submitted a draft Inter-Municipal Agreement to the Village of Sleepy Hollow which
would provide for the provision of training and materials to emergency "first responders':
in the village, and
Whereas, such training and equipment will assist in educating and protecting Village
police,fireand ambulance corps members in dealing with emergencies,

i

Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to
execute the attached Inter-Municipal Agreement and to take other such steps as are
necessary to effectuate the intent of this resolution.
Trustee
Moved by: Z i e j a

Trustee
, Second by: D i F e l i c e , Vote: Unanimous

Resolutionff 1 1 / 2 2 5 / 0 3 '.Date: November25,2003

I
....

. i / , - , ^ ;

�«.&lt;:

535

ster
»vcom
Memorandum ^-ssst-^Q .^
D e p a r t m e n t of E m e r g e n c y ServicesvV *
To:

All Municipal Officials

From

Commissioner Patrick Kelly, Emergency Services

Re:

WMD Equipment to be provided

Date:

November 6, 2003

Dear Official:
The Department of Emergency Services (DES) in Westchester County is the representative
to the NY State Weapons of Mass Destruction (WMD) Task Force in Albany for Westchester
County. As such, we are responsible to apply for, receive, distribute and manage training,
drills and supplies of equipment provided through this grant process.
In the course of administering this grant, DES will be providing specialized WMD
equipment to all first responders, for the foreseeable future, in order to provide protection
to them during WMD emergencies. In order to do this we must enter into Inter-Municipal
Agreements (IMA) with the municipalities that receive this equipment. Attached, is a
generic IMA that will allow DES to distribute this equipment to first responders in your
community. I am asking that you sign and return this IMA with all the required paperwork
ASAP so we can distribute this equipment when it is available.
The attached agreement is only good until 12/31/03, when the current Board of Legislators,
terms expire. In January, I will have to resubmit this paperwork to the new BOL and this
will delay the distribution of this vital equipment. Therefore, if you can get this agreement
signed and retuned prior to the above date, we will be that much closer to providing your
responders with this equipment. Please return the completed IMA to:
Symra D. Brandon
148 Martine Ave., 9 th Floor
White Plains, NY 10601

I

Thank you for your prompt attention in this matter. If you have any questions about this
IMA please contact Symra Brandon at 914-995-2934.

*
4 Dana Road
Valhalla, NY 10595

Telephone 914-231-1850 Fax 914-231-1622
www.westchesteTgov.com/emergserv

KV n- ^-*-''Kts*SsWW*

�536

I
THIS AGREEMENT, made the

•.

day of

_ _ , 2003

by and between:
THE COUNTY OF WESTCHESTER, by and through its Department of
Emergency Services, a municipal corporation of the State of New York,
having an office and place of business in the Michaelian Office Building,
148 Martine Avenue, White Plains, New York 10601
(hereinafter referred to as the "County",)
and

i

VILLAGE OF SLEEPYHOLLOW
a municipal corporation of the
State of New York, having an office and place of business at ___
(hereinafter referred to as the "Municipality").

WITNESSETH:

WHEREAS, the State of New York received a grant from the Federal
Government for the purchase of specialized equipment (the "Equipment") to better
respond to Weapons of Mass Destruction and to prepare a three-year statewide Domestic
preparedness Strategy; and
WHEREAS, the State and the County have entered into an agreement
whereby the necessary equipment that the state has purchased in bulk will be issued to

I

the County for its use and for distribution to the local municipalities; and
WHEREAS, the County now desires to enter into an intermunicipal agreement
with the Municipality for the distribution of the aforesaid specialized equipment
NOW, THEREFORE, in consideration of the terms and conditions herein
contained, the parties agree as follows:

�' f t

537

1. GENERAL TERMS: The Equipment to be issued pursuant to this
Agreement is intended to enhance the ability of the County's First Responders to safely
and successfully detect, stabilize or mitigate Weapons of Mass Destruction. The
Municipality acknowledges and understands that the Equipment to be issued hereunder is
not intended to provide all the equipment appropriate and necessary for the operation of a
Hazardous Materials Response Team.
The County shall provide to the Municipality the Equipment provided by the
State to the County for this purpose. The County will provide to the Municipality an
Equipment list as soon as it is available, which list may be amended from time-to-time
by the County. The Municipality acknowledges that the Equipment to be issued is
subject to the availability of funding from the State and that although replacement
Equipment or additional supplies are not currently anticipated to be provided, the County
reserves the right to expand the scope of Equipment provided in the event additional
funding becomes available.
2. AUTHORIZED USE OF EQUIPMENT: The Municipality agrees that the
Equipment shall only be used for appropriate training exercises and for emergency response
situations, such as responding to a Weapons of Mass Destruction incident, a mutual aid request
in accordance with law (such as General Muncipal Law §§ 209-e and 209-f setting forth the State
Fire Mobilization and Mutual Aid Plan and the Hazardous Materials Incident Response Plan)
involving the same or other Deployment or Redeployment of the Equipment out of the
Municipality as authorized by the County and the State.
3. MUNICIPALITY'S RESPONSIBILITIES AND EQUIPMENT
TRANSFER CONDITIONS:
a.

The Municipality agrees it shall ensure that only qualified persons will

utilize the Equipment and that it shall verify that such persons have fulfilled their initial

2

�538

»v&gt;X'

I
and on-going training requirements in accordance with the Occupational Safety and
Health Administration (OSHA) regulations.
b.

The Municipality shall arrange for the intended users and operators of

selected Equipment to complete a County-provided orientation that will familiarize the
Municipality with the Equipment, as appropriate.
c.

The Municipality agrees that it shall maintain the Equipment in proper

working order and calibrate per manufacturer's recommendations. The Municipality
further shall assume all operational, decontamination and disposal costs associated with
the Equipment.
d.

The Municipality agrees that it shall properly decontaminate or dispose

of any Equipment in accordance with the manufacturer's recommendations and all
applicable laws and regulations. The Municipality agrees that it shall dispose of any
contaminated Equipment in accordancewith all applicable laws and regulations.
e.

The Municipality agrees that it shall keep all of the Equipment as a

single unit available for immediate Deployment or Redeployment by the Municipality
through any Mutual Aid Request within Westchester County. Deployment or
Redeployment of Equipment outside Westchester County will be made within a
reasonable time frame.
f.

The Municipality agrees that the State may Redeploy the Equipment if it

is determined to be needed in another area as directed by the County Department of
Emergency Services (the "Department") or the State Emergency Management Office
("SEMO"). The Department or SEMO will provide the advance notice to the authorized
jurisdiction representatives if it is deemed necessary to Redeploy the Equipment due to
an occurrence, imminent threat or increased vulnerability outside of the jurisdiction.

3

�539

. . « . &lt; • '

g. The Municipality agrees that the Department reserves the right to reissue
Equipment in the event of a breach of this Agreement, or if the Equipment is not being
used to its full potential, is being misused or has been returned for Reissuance to the
Department by the Municipality. In the event the Department determines that
reissuance is necessary, the Municipality agrees to undertake whatever actions are
reasonably requested by the Department to transfer the Equipment back to the
Department for reissuance.
h. The Department agrees that it shall not sell or otherwise transfer
ownership of the Equipment. The Municipality acknowledges and agrees that title to the
Equipment will remain at all times with the County.
4. TERM: The term of this Agreement shall commence on
and expire on j

, unless terminated sooner by

the County's Commissioner of Emergency Services or his designee (the
"Commissioner") as provided herein.
5. ISSUANCE OF EQUIPMENT: The Municipality shall be responsible
for accepting issuance of the Equipment and shall execute a document, which itemizes
the Equipment issued to the Municipality. The form shall at a minimum contain the
quantity, make, model and serial number of each item of Equipment. The County shall
retain ownership of the Equipment after its distribution to the Municipality.
6. AUDIT: The Municipality agrees to utilize the Equipment only for the
purposes and activities set forth in this Agreement and shall keep an accurate accounting
of all Equipment received pursuant to this Agreement. The Municipality shall be subject
to on-site auditing by the County or the State.
7. TERMINATION: (a) The County, upon thirty (30) days notice to the
Municipality, may terminate this Agreement in whole or in part when the County deems
it to be in its best interest

4

�540

I
(b) In the event the Commissioner determines that there has been a material
breach by the Municipality of any of the terms of the Agreement and such breach remains
uncured for forty-eight (48) hours after service on the Municipality of written notice
thereof, the County, in addition to any other right or remedy it might have, may terminate
this Agreement- Notice shall be effective on the date of receipt. Without limiting the
foregoing, upon written notice to the Municipality, repeated breaches by Municipality of
any particular duty or obligation under this Agreement shall be deemed a material breach
of this Agreement justifying termination for cause hereunder without requirement for
further opportunity to cure. Notice shall be effective on the date of receipt.

• 8. ASSIGNMENT: Any purported delegation of duties or assignment of rights
under this Agreement, without the prior express written consent of the County is void.

9. COMPLIANCE WITH LAW: The Municipality shall comply, at its own
expense, with the provisions of all applicable state and municipal requirements and with
all state and federal laws applicable to the Municipality as an employer of labor or
otherwise. The Municipality shall further comply with all rules, regulations and licensing
requirements pertaining to its professional status and that of its employees, partners,
associates, subcontractors and others employed to render the services hereunder.

10. NO DISCRIMINATION: The 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 on the basis of race, creed,
religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability,
marital status, sexual orientation, familial status, genetic predisposition or carrier status during
the term of or in connection with this Agreement, as those terms may be defined in Chapter 700
of the Laws of Westchester County. The Municipality acknowledges and understands that the
County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination
against its employees by co-workers, supervisors, vendors, contractors, or others.

5

�* I*

11. INSURANCE &amp; INDEMNIFICATION: The Municipality shall
comply with the insurance requirements contained in Schedule "B" entitled "Standard
Insurance Provisions", attached hereto and made a part hereof, including, without
limitation, the requirement of naming the County as an additional insured party and
providing the County with proof of insurance. In addition to, and not in limitation of the
insurance requirements of Schedule "A", the Municipality agrees:
(a) that it shall be solely responsible and answerable in damages for any and
all accidents or injuries to persons (including death) or property arising out of or related
to the use of Equipment issued under this Agreement. The Municipality shall indemnify
and hold harmless the County and the State, their officers, employees and agents from
claims, suits, actions, damages and costs, of every nature arising out of the issuance of
the Equipment
(b) to provide defense for and defend, at its sole expense, any and all claims,
demands or causes of action directly or indirectly arising out of this Agreement which
arise out of this Agreement, and to bear all other costs and expenses related thereto.
The Municipality may, in lieu of procuring and maintaining the aforesaid
insurance, elect to obtain such coverage through a program of self insurance, which
coverage and program shall be in accordance with generally accepted standards for
similarly situated entities and approved by the County's Director of Risk Management.
12. NOTICES: All notices of any nature referred to in this Agreement shall
be in writing and either sent by registered or certified mail postage pre-paid, or sent by
hand or overnight courier, or sent by facsimile (with acknowledgment received and a
copy of the notice sent by overnight courier), to the respective addresses set form below
or to such other addresses as the respective parties hereto may designate in writing.
Notice shall be effective on ihe date of receipt

6

�542

I
To the County:
Commissioner
Department of Emergency Services
4 Dana Road
Valhalla, New York 10595
With a copy to:

I

County Attorney
Michaelian Office Building, Room 600
148 Martine Avenue
White Plains, New York 10601
To the Municipality:

13. ENTIRE AGREEMENT: This Agreement and its attachments
constitute the entire Agreement between the parties with respect to the subject matter
hereof and shall supersede all previous negotiations, commitments and writings. It shall
not be released, discharged, changed or modified except by an instrument in writing
signed by a duly authorized representative of each of the parties.
14. ENFORCEMENT: This Agreement shall not be enforceable until

I

signed by both parties and approved by the Office of the County Attorney.
15. INDEPENDENT CONTRACTOR: The Municipality is an
independent contractor and may neither hold itself out nor claim to be an officer,
employee or subdivision of the County or State nor make any claim, demand or
application to or for anyrightbased upon any different status.

�54H
. • t

I
16. COUNTERPARTS; This Agreement may be executed simultaneously
in several counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument. This Agreement shall be construed and
enforced in accordance with the laws of the State of New York.
17. CONFLICT: In the event of any conflict between the terms of this
Agreement and those of its attachments, the terms of the Agreement shall control.
IN WITNESS WHEREOF, The County of Westchester and the
Municipality have caused this Agreement to be executed.

THE COUNTY OF WESTCHESTER

I

By:_
Patrick T. Kelly, RE.
Commissioner of Emergency Services

By:_
(Name and Title)
Authorized by the Westchester County Board of Legislators by Act No. 97-2003 adopted.
on the 5th day of May 2003.
Authorized by the Westchester County Board of Acquisition and Contract on the 22nd day
of May, 2003.
Approved as to form and
manner of execution:

Approved as to form:

Assistant County Attorney
The County of Westchester
S/I/des/4719 l/Spccialized Equip. Agmt - No Sched 03

8

I

�\.W

544

MUNICIPALITY'S ACKNOWLEDGEMENT

STATE OF NEW YORK

)
) ss.:

COUNTY OF WESTCHESTER)

On this

day of

, 2003, before me personally came
, to me known, and known to me to be the

•

o f

;

"•.

-

the municipal corporation described in and which executed the within instrument, who being by me
duly sworn did depose and say that he, the said

and that he is

:

resides at

of said municipal corporation.

Notary Public

County

�545

r

CERTIFICATE OF AUTHORITY
(Municipality)
i,

:
:
(Officer other than officer signing contract)
certify that I am the
(Title)
(Name of Municipality)

of the

(the"Municipality") a corporation duly organized in good standing under the
(Law under which organized, e.g., the New York Village
Law, Town Law, General Municipal Law)
named in the foregoing agreement that
(Person executing agreement)
who signed said agreement on behalf of the Municipality was, at the time of execution
of the Municipality,
(Title of such person),
that said agreement was duly signed for on behalf of said Municipality by authority of its
(Town Board, Village Board, City Council)
thereunto duly authorized, and that such authority is in full force and effect at the date hereof.

(Signature) STATE OF NEW YORK )
ss.i
COUNTY OF WESTCHESTER)
On this

day of

, 2003, before me personally came
whose signature appears above,tome known, and know to be the
of
___
:

(title)
the municipal corporation described in and which executed the above certificate, who being by
me duly sworn did depose and say that he, the said
'' • • •• ;
resides at
'
, and that he is
the
of said municipal corporation.
(title)

Notary Public
2

County

�*'¥

546

I
SCHEDULE "A"
STANDARD INSURANCE PROVISIONS
(MUNICIPALITY)

i

1. Prior to commencing work, the Municipality shall obtain at its own cost and
expense the required insurance from insurance companies licensed in the State of New York,
carrying a Best's financial rating of A or better, and shall provide evidence of such insurance
to the County of Westchester, as may be required and approved by the Director of Risk
Management of the County. The policies or certificates thereof shall provide that thirty days
prior to cancellation or material change in the policy, notices of same shall be given to the
Director of Risk Management of the County of Westchester by registered mail, return receipt
requested, for all of the following stated insurance policies. All notices shall name the
Municipality and identify the Agreement.
If at any time any of the policies required herein shall be or become
unsatisfactory to the County, as to form or substance, or if a company issuing any such policy
shall be or become unsatisfactory to the County, the Municipality shall upon notice to that
effect from the County, promptly obtain a new policy, submit the same to the Department of
Risk Management of the County of Westchester for approval and submit a certificate thereof.
Upon failure of the Municipality to furnish, deliver and maintain such insurance, the
Agreement, at the election of the County, may be declared suspended, discontinued or
terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance
of any required insurance, shall not relieve the Municipality from any liability under the
Agreement, nor shall the insurance requirements be construed to conflict with or otherwise
limit the contractual obligations of the Municipality concerning indemnification. All property
losses shall be made payable to and adjusted with the County.
In the event that claims, for which the County may be liable, in excess of the
insured amounts provided herein are filed by reason of any operations under the Agreement,
the amount of excess of such claims or any portion thereof, may be withheld from payment
due or to become due the Municipality until such time as the Municipality shall furnish such
additional security covering such claims in form satisfactory to the County of Westchester.
2. The Municipality shall provide proof of the following coverage (if additional
coverage is required for a specific agreement, those requirements will be described in the
"Special Conditions" of the contract specifications):

I

(a) Workers* Compensation. Certificate form C-105.2 or State Fund Insurance
Company form U-26.3 is required for proof of compliance with the New York State Workers'
Compensation Law.
State Workers' Compensation Board form DB-120.1 is required for proof of
compliance with the New York State Disability Benefits Law. Location of operation shall be
"All locations in Westchester County, New York."
(Where an applicant claims to not be required to carry either a Workers'
Compensation Policy or Disability Benefits' Policy, or both, a temporary permit may be
issued if the employer completes form C-105.2 in duplicate. A copy of form C-105.2 is sent
to the Worker's Compensation Board, Information Unit for investigation and report)

�547

If the employer is self-insured for Worker's Compensation, he should present a
certificate from the New York State Worker's Compensation Board evidencing that fact.
(b) Employer's Liability with minimum limit of $100,000.
(c) General Liability Insurance with a minimum limit of liability per occurrence
of $1,000,000 for bodily injury and $100,000 for property damage or a combined single limit
of $1,000,000 (cs.l), naming the County of Westchester as an additional insured. This
insurance shall indicate on the certificate of insurance the following coverages:
(i) Premises - Operations,
(ii) Broad Form Contractual.
All Contracts involving the use of explosives and demolition shall provide the
above coverage with elimination of the XCU exclusion from the policy, or proof that XCU is
covered.
(d) Automobile Liability Insurance with a nunimum limit of liability per
occurrence of $ 1,000,000 for bodily injury and a minimum limit of $ 100,000 per occurrence
for property damage or a combined single limit of $1,000,000 unless Gtherwise indicated in
the contract specifications. This insurance shall include for bodily injury and property
damage the following coverages:
(i) Owned automobiles,
(ii) Hired automobiles,
(iii) Non-owned automobiles.
(e) Professional Liability insurance with niinimum limit of liability per
occurrence of S1,000,000/$3,000,000 aggregate.
3. All policies and certificates of insurance of the Municipality shall contain the
following clauses:
(a) Insurers shall have no right to recovery or subrogation against the County of
Westchester (including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies so effected shall protect both parties and be primary
coverage for any and all losses covered by the above-described insurance.
(b) The clause "other insurance provisions" in a policy in which the County of
Westchester is named as an insured, shall not apply to the County of Westchester.
(c) The insurance companies issuing the policy or policies shall have no
recourse against the County of Westchester (including its agents and agencies as aforesaid) for
payment of any premiums or for assessments under any form of policy.
(d) Any and all deductibles in the above described insurance policies shall be
assumed by and be for the account of, and at the sole risk of, the Municipality.

2

�i-fcd

548

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Meeting Date: 11/25/03
Resolution #: 1 # 2 ^ 0 3
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Setting Parking Permit Fees

I

I

Be it enacted that thefollowingfee schedule for monthly parking permits shall take full
force and effect on January 1, 2004:
Parkina Lots

Monthly Fee

Andrews Lane

$30.00

Beekman Avenue - Day

$50.00

Beekman Avenue - Night

$30.00

Beekman Morse

$30.00

Continental Street

$30.00

Cortlandt Avenue

$30.00

Elm Street

$30.00

Hudson Street

$30.00

Riverside Drive

$30.00

Philipse Manor Train Station

$20.00 .

VaUeyStreet

$30.00

rnrctpp THFt&gt;i-ioo Seconded bv: Trusteee

. ^ ^ ^ • • ^ . ^ ^ S ^ - ^ S ^ ^ ^ S ^ ^ ^ ^ ' i ^

�549

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f&gt;-(*
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Submission
GDC Fund Application

Whereas, the upon review and recommendation of the Village Administrator, the Board
of Trustees of the Village of Sleepy Hollow is desirous of submitting an application for
funding from the Ginsburg Community Fund as annexed hereto;
Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to
submit the attached Application and to take other such steps as are necessary to effectuate
the intent of this resolution.

Moved by: Trustee

S p o t a , Seconded by: Trustee G r a l a »Vote: Unanimous

Resolution# 1 1 / 2 2 7 / 0 3 , D a t e : November25,2003

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�550

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DEADLINE: DEC 1s1 &amp; APR 1st

GDC

GINSBURG COMMUNITY FUND APPLICATION
Organization Name

V i l l a g e of S l e e p y Hollow

Amount Requested

$7,500.00

Organization Legal Name

V i l l a g e of S l e e p y Hollow
28 Beekman A v e n u e
S l e e p y H o l l o w . NY 10591

Address
Name of Executive Director

Dwight H. D o u g l a s , V i l l a g e

Contact Name and Title

Same a s a b o v e

Phone
914-366-5105

FAX
914-332-7074

Administre

Email
Dwightdouglas55@aol.c

Check the GDC Community Fund Priority that applies:
-

-

-

-

•

Arts, Culture and Music .-.
Concert ..--.--,.- _-•.•-.,.-... .-.- -...-..
Competitions-- . - . - • . - Program Support
Scholarships &amp; Training Programs
Environmental Improvements
Tourism Initiatives
Beautification Programs
Water-based activities
Pedestrian-transit links

Total annual organizational budget and
fiscal year
Project or capital budget (if applicable)
The period this grant will coven

.

•

•

•

-

Community Revitalization
- .-•Facade and Streetscape Programs
Flower Villages Program
Neighborhood beautification
Street Fairs &amp; Special Events
Signage &amp; Graphic Design
Marketing Programs

-.-

V

vS

Affordable Housing
Research
Surveys
Planning
$10,000,000.00
N/A
S i x Months

On a separate page, submit a description of how the grant money will be used that
includes:.-- -•
\ . ..... ''.'-&gt;-'---.--.
-.- A.-pj Your organization's mission " " w-.7
-:j
•;': B.:.. Proposal summary. Include the name of the project: orcapitaf . . . .
. -•v---;----camp^jgn:-jf-app|jCa|j|e-#•'•-•-;. -••;;-_:-'-'.".;. C. . The proposal's target population, constiUients, and geographic
communities
Mail to: Susan Wilson, Ginsburg Development Corp
245 Saw Mill River Road, Hawthorne, NY 10532 FAX: 914-742-5109

�55£

I
VILLAGE OF SLEEPY HOLLOW
GINSBURG COMMUNITY FUND APPLICATION
MARKETING
SIGNAGE &amp; GRAPHIC DESIGN
A. Organizational Mission Information of Village of Sleepy HoHow.
The instant application is a submission from the Village of Sleepy Hollow, a
municipal government which provides a full range of services. The Village has

I

been planning for and is now in the midst of a major redevelopment of its
Hudson River Waterfront. Key personnel involved in the municipal operations as
they effect redevelopment are:

Mayor Philip E. Zegarelli
Village Administrator Dwlght H. Douglas
Planner- the Firm of Saccardi &amp; Schiff (Dave Smith)

B. Background
The Village of Sleepy Hollow is a closely knit community of 9,200 people with a
main shopping corridor on Beekman Avenue. In 1996, the General Motors -.
("GM'O plant, the principal employer for the VQage and an important employer in
the region closed. By the year 2000, the sits had been cleared and almost 100
acres of water Hunt land made available for redevelopment A comprehensive
proposal to develop the GM site located at the base of Beekman Avenue,

I

�5

s#

been submitted and includes 1,500 new housing units, a new hotel with
restaurants, 175,000 square feet of retail/commercial space and nearly 100,000
square feet of office space. A new train station is also part of this initial plan
submission. The Village is seeking to develop an enhanced streetscape design
along Beekman Avenue for the five block section which connects the waterfront
redevelopment site to the existing commercial core on Beekman Avenue.
B-l.

The Village is seeking funding from the Ginsburg Community Fund to

assist in designing a banner which will be located on the westerly section of
Beekman Avenue (see map) up to and including the Beekman Avenue Bridge
which crosses the Metro North Train tracks. As part of the grant, prototype
banners will be produced numbering approximately three to four to be installed
by the Department of Public Works work force on existing light poles, TraveRng
west on Beekman Avenue, the banner design should convey the approaching
Hudson River waterfront which becomes visible as you near the Beekman
Avenue bridge while enhancing the visual quality of this section of Beekman
Avenue which is a mixture of residential and some limited commercial uses.
Upon completion and installation of the prototype banners, the Village would
seek to utilize its own capital funds to install banners over the remaining section
of "west* Beekman Avenue.

�553

B-2.

The Village of Sleepy Hollow previously met with commercial property

owners and businesses along the main commercial ^triangle" of the Village (see
attached section of August 2001 "Business Ouster Action Plan"). The triangle
includes Beekman Avenue, Valley Street and Cortlandt Street and properties
within a block of those streets. As part of the study that was funded through the
Westchester County Planning Department, the business owners identified a niche
that the commercial business sector could focus on: restaurant row/food service
establishments. Said niche would benefit from a comprehensive marketing
approach to take advantage of the substantial influx of tourists who come to the
Philipsburg Manor Restoration and other historic sites in the area.

The first step in this comprehensive marketing plan Is the development and
production of a brochure which lists the food establishments in the Village and
helps to promote the diverse dining opportunities that presently exist Once
produced, brochures would be available at the Philipsburg Manor Restoration,
which is the soie launching point for access to Kykuit, as weH as located at
Village Hall, The Writer's Center and in the inclvidual restaurant establishments.
The development of the brochure will seek both to enhance the business volume
for the subject commercial establishments and to protect the existing businesses

�554

from the future competition which may exist on the GM sites when it is
redeveloped,

Target Population, Constituents, and Geographic Communities.
The banners are intended to benefit principally that section of Beekman Avenue
on which they will be installed beautifying this area and enhancing its future
commercial potential. Additionally, the banners will serve to announce the
arrival at the important waterfront redevelopment and connect the existing
Beekman Avenue commercial core to the new development.

The food establishments in the inner Village area serve a diverse ethnic
population in the immediate neighborhood as well as on a presently very limited
basis reaching out to a broader area.

The project is located principally in Census Tract 116 with a population of 5,345
persons^46.06% of which are of tow and moderate income. .

�», i

555

I

jteekman Business
Banner Locations

DMrictSMy
VNTf
•AK**LL-MICHALO«SKI
ASSOCIATKS.

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556

i

. i -

BUSINESS CLUSTER ACTION PLAN
BEEKMAN AVENUE BUSINESS AREA
SLEEPY HOLLOW, NEW YORK

PREPARED FOR:
THE VILLAGE OF SLEEPY HOLLOW

.-? '.-••:. - B Y : -

&lt;.:. • - - . ' .

-:

HARRALL-MICHALOWSKI ASSOCIATES
WITH:
MLONE AND MACBROOM INC.

AUGUST 2001

—
EXCERPT

�557

• • &lt; . « *

those dollars being spent on items generally found in the Beekman Avenue Business
Area.

That represents 29% of the annual average household income, and is an

understatement for two reasons. First, the average household income is a pre-income tax
figure, while the expenditures is in after tax dollars. Second, the list of goods and
services above was not inclusive in that there are other goods sold or services performed
in the study area that were not listed. The point of the brief analysis is simply that within
a small geographic area of relatively small stores and offices, a large portion of the goods
and services demanded by a household on average can be supplied. If Sleepy Hollow
pursues a course to make itself known as a unique commercial center that augments the
existing historical attractions and prepares to capitalize on the soon to be open to the
public Hudson River at the end of Beekman Street, the local business will only increase
their market share of sales of goods within the region.
Special Attractions
Within Sleepy Hollow and a 5-mile radius surrounding the Village are a number
of historic sites that attract many visitors to the area each year. Attractions such as these
create a potential source of visitors to the general area; visitors that can be drawn to the
Beekman Avenue Business Area for activities such as dining and shopping. A list of the
historic and other attractions include:
Attraction
Washington Irving's Sunnyside
Philipsburg Manor
Van Cortlandt Manor •.
Kykuit, The Rockefeller Estate
The Union Church of Pocantico Hills.
Lyndhurst
The Old Dutch Church: National Landmark
The Old Dutch Burying Ground
Patriot's Park: Revolutionary War Spy Capture
Center
The Horseman' Trail: Legendary Walking Tour
Battle Hill: Revolutionary War Monument and
Lunette
Washington Irving's Grave
William Rockefeller Mausoleum

Location
Tarrytown
Sleepy Hollow
Croton-on-Hudson
Pocantico Hills
Pocantico Hills
Tarrytown
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow

Business Ouster Action Plan
Beekmmm Avenme Business Area

�\

558

i * --'•

I
Hudson Valley Writer's Center
Rockefeller State Park Preserve
Kingsland Point Park: On the Hudson
1883 Lighthouse
Fremont Fountain
The Phelps-James House
Rockwood Hall Park

Sleepy Hollow
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow
Sleepy Hollow

In addition to the existing attractions, in the upcoming years the redevelopment of
the former GM site will occur. This redevelopment will undoubtedly include a plan to
create a greenway along the Hudson River. This newfound public access to the river will
attract new visitors that would pass directly through the Beekman Avenue Business Area.
Competing Business Clusters
There are commercial clusters within the area surrounding Sleepy Hollow, the
most significant of these is in Tarrytown. Tarrytown has a mature, well developed
central business district providing services, retail, and restaurants to both residents and
outsiders. However, it is not so large in size that it would impede possible commercial
expansion opportunities in Sleepy Hollow. This is true because the income levels and
spending power associated with Westchester County as detailed above create a
substantial demand for. goods and services. - The success of the Beekman Avenue
Business District will be measured by its ability to provide goods and services attractive
to market area consumers and to provide such in a pleasant shopping environment.
-

Recommended Market Niches or Clusters .

f

. : , . . . , . .

In the development of a niche or cluster market plan there are several questions to
be asked.
•

What are the physical configurations and design advantages of the retail
location?

•

What is the socioeconomic nature of the market area in terms of purchasing
potential?

•

What are the competing retail locations for this purchasing potential?

•

What are the untapped markets and market niches?

Btamess Cbuter Action, TUm 10
lAwtmmeBmtmessArm

�559
• . « . * '

•

What can be done to make a retail site best positioned to capture market
potential?

In answering these questions for the Beekman Avenue Business Area, we believe
that there are several indicators supporting the pursuit of a specialty, ethnic themed
business and service niche market. This opinion is based on the following answers to the
questions:
•

The physical

compactness

and

pleasant

streetscape of the Beekman Avenue Business
. Area supports a pedestrian based European or
Latin Village shopping and dining experience.
Browsing for retail goods, services and
eating/drinking

is

encouraged

by

this

environment. The photograph at the left is an
example of this pleasant environment.
•
People Friendly Environment

The socioeconomic characteristics of. the
market area are very supportive of a specialty,
ethnic

themed

niche.

The

immediate

neighborhood population is an ethnically diverse tapestry with a vibrance that
both sets the mood for the area and supplies a walk to consumer market. The
broader market area within 5 miles of. Beekman Avenue and beyond is
populated by a high income demographic with a spending index for retail
purchases- and dining out significantly above the national average.

This

demographic has been proven to be one which seeks unique experiences and
can support a variety of ethnically themed products.
•

The most immediate retail competition is Main Street and Broadway in
Tarrytown. While this business area competes within the same market it is
evolving differently. The retail and service mix tends to be more traditional
with grocery, drugstore, services and retail most typically found as Main Street
There is a segment of uniqueness related to antique stores and entertainment at
the old theatre, but it is a much different area than the Beekman Avenue

L

BmsimessChaterActwmFlmH

. 11

�5QQ

Business Area These two areas should not be viewed to be in competition, but
rather in concert to serve a diversity of consumer demand in the market area.
•

Untapped markets and niches exist in the current market area due to a lack of
product to attract consumers; in the emerging tourist sector due to a lack of
making connections and marketing; and in the future to take advantage of
development of the GM site. All three of these markets are prime for an ethnic
based niche market mix. The current market has the income and spending
patterns; the tourist market is by definition adventuresome and looking for new
experiences; and the GM site development will attract high income households
with the closest goods and services to be available in the Beekman Avenue
Business Area.

•

The things that can be done to best position the Beekman Avenue Business
District to capture market potential are within the control of the business and
property owners in a partnership with the Village.

First there must be

organization that allows the Beekman Avenue Business Area to be managed
and marketed like any successful retail/service center. Secondly, a clear agenda
with specific actions must be agreed upon and pursued. Later in this report,
specific recommendations and actions are presented for consideration in this
regard. ~- '

. : - . - • • • • • . - - .-

Bmsmtss Cb&amp;tr Actio* Mm
BetbmmAwtmmBmsmtnArm

�561

I
Meeting Date: 11/25/03
Resolution^: 11/228/03
Be it resolved that the Board of Trustees, upon approval of the Westchester County
Department of Human Resources, does hereby eliminate the title of Park
Groundskeeper and confirms the Mayor's appointment of Daniel Gallagher, 28
Pine Street, Sleepy Hollow, New York to the title of Laborer in the Public Works
Department at the same annual salary of $47,726.00. All other terms and conditions
remain the same.
Moved:Trustee Grala

Seconded: Trustee Zieja

Vote:Unanimous

Meeting Date: 11/25/03
Resolution #: 11/229/03
Be it resolved that the Board of Trustees does hereby approve the request of Haig
Bohigian, 225 Hunter Avenue, Sleepy Hollow to build a stone wall on village
property starting on the left side of his driveway running 66 feet west to his
boundary line.
Moved:Trustee Zieja

Seconded:Trustee DiFelice Vote:Unanimous

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