Village Board of Trustees
Regular Meeting
December 20, 2007
7:30 p.m.
The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York of the 20th of December 2007 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Elsie Smith, Trustee
Gayle Waxenberg, Trustee
Also Present
Michael Blau, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Absent
Ingrid Richards, Assistant Village Manager
Public Hearing, Cable Television Franchise Agreement with Verizon
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
Mr. John Harrington, representing Verizon explained the application. He recognized the efforts of Village Manager Blau, Assistant Village Manager Ingrid Richards and Village Attorney Dan Pozin.
Mr. Matt Kovell, Counsel for Verizon summarized the key terms in the cable franchise agreement.
Trustee Waxenberg asked about the areas that weren’t built out yet. She stated she’d be more comfortable with a schedule as to when they would be built out.
Mr. Harrington stated that the PSC regulations and the franchise agreement provided for a 5 year build out and if there was customer interest they would provide service to them. He stated the aerial lines were virtually complete but the underground lines were more difficult.
Trustee Mayer asked how the Village could exit the agreement if Verizon didn’t fulfill their end.
Village Attorney Smith stated if Verizon was dilatory it might be a breach of contract but if there was a severe winter that might be a valid excuse. He further stated they would build out because it’s a profitable market for them.
Trustee Waxenberg asked if the incentive didn’t provide to be economically feasible would they still have to build out.
Village Attorney Smith stated they would have regulatory issues if they didn’t build out.
The Board had general discussion about where the build out would begin, how they’d reach out to customers and when Verizon expected service to be available.
Mr. Harrington stated they started the build out with the aerial lines, they’d reach out to customers as soon as possible and the agreement would be on the Public Service Commission’s January agenda. He further stated once approved by the PSC service would be available within a couple of weeks.
Ms. Bernadine Wasiczko of 270 North State Road stated she lived in the Village for 31 years and that she was dying to get FIOS. She stated that Cablevision had sketchy service and urged the Board to approve the agreement with Verizon.
Mr. Perry Ochacher, Outside Counsel for Cablevision thanked the Village and all those that worked on the agreement. He asked that the Board look at the agreement carefully before they make a decision to see all the implications for the future.
Mr. Chris Cutter of Communication Workers of America stated he was very familiar with the Village and the technicians would have the cables to all the areas. He stated that simple economics was to provide service. He suggested Cablevision concern themselves with their own service and not Verizon’s.
Mr. Clay Tiffany of Hall Road asked if Verizon provided a public access channel.
Mr. John O’Leary of South State Road stated he was a loyal Cablevision subscriber because he didn’t have a choice. He stated competition was good and it was great the Board was entertaining it.
Mr. Robert Hoch of Cablevision stated their comments were not a delay tactic and their concerns shouldn’t be dismissed so quickly. He stated Verizon announced their rates were going up in January 2008.
Deputy Mayor Venditti stated competition was always healthy and would benefit the consumer.
Mr. John Mahew of Communication Workers of America stated eliminated choice was un-American. He stated Verizon employed all New York State workers and it would be done under schedule.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayer, the Board voted unanimously to close the public hearing.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby approve a franchise agreement for cable television service in Briarcliff Manor with Verizon New York, Inc. subject to modification(s) approved by the Village Manager and Village Counsel.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute such cable television franchise agreement with Verizon New York, Inc.
Public Hearing, to add a new Chapter 184, Stormwater, Drainage, Erosion and Water Pollution Control
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
There were no comments from the public regarding the new chapter.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayer, the Board voted unanimously to close the public hearing.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
WHEREAS, the Village of Briarcliff Manor (“Village”) and other communities in the State of New York are required to adopt legislation to establish minimum stormwater management requirements and controls; and
~
WHEREAS, the Village staff and counsel have reviewed model legislation prepared for by the New York State Department of Environmental Conservation and adapted the same for adoption by the Village Town to meet those requirements (“Proposed Legislation”); and
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor is the only involved agency and thus the lead agency for the environmental review of the adoption of a Local Law creating a new Chapter 184 of the Code of the Village of Briarcliff Manor entitled “Stormwater, Drainage, Erosion and Water Pollution Control” (“Proposed Action”); and
WHEREAS, the Board of Trustees has determined that the Proposed Action will be an “unlisted action” under the New York State Environmental Quality Review Act (“SEQR”); and
WHEREAS, the Board of Trustees caused to be prepared and has received and reviewed the Full Environmental Assessment Form and supporting documents for the Proposed Action and submitted with this Resolution (the “EAF”); and
NOW THEREFORE, pursuant to Part 617 of Title 6 of the New York Code of Rules and Regulations, be it
RESOLVED, that the Board of Trustees, having considered the facts and conclusions set forth in the Full EAF regarding the potential environmental impacts of the Proposed Action, hereby determines that the Proposed Action will not have any significant adverse impact on the environment as set forth in the “Negative Declaration” attached hereto; and
BE IT FURTHER RESOLVED, that the Mayor or his designee is authorized to execute the Full EAF and for the reasons set forth, to execute and file a Negative Declaration in accordance with the applicable provisions of law.
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Code of the Village of Briarcliff Manor, to add a new Chapter 184, Stormwater, Drainage, Erosion and Water Pollution Control.
Board of Trustees Announcements from Trustee Mayer
§ Valet Services would start at the Scarborough Station for parking permit holders on January 7, 2008.
§ Use caution when using your fireplace.
§ Parking is not allowed on Village streets overnight from December 1st through March 31st.
§ Don’t Drink and Drive. The Police will be strictly enforcing.
§ The next Board of Trustees meeting will be January 3, 2008
§ Merry Christmas and Happy New Year.
Village Managers Report from Village Manager Blau
§ Pro-Park will provide the valet service
§ The Board of Trustees will hold a work session on January 3rd and January 5th
Public Comments
Mr. Clay Tiffany stated Police Officer Tartaglione was seen lifting weights in the New York Sports Club in White Plains. He stated a beer bash was not handled properly by the police.
Schedule Public Hearing, Special Use Permit, St. Mary’s Church
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the January 17, 2008 Board of Trustees meeting to hear and consider a request from St. Mary’s Church to renew a Special Use Permit.
Schedule Public Hearing, Special Use Permit, St. Theresa’s Church
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the January 17, 2008 Board of Trustees meeting to hear and consider a request from St. Theresa’s Catholic Church to renew a Special Use Permit.
Authorize Village Manager to Execute Agreement
New York State Department of Transportation Snow and Ice Agreement 2009-2010
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with the New York State Department of Transportation to extend the Indexed Lump Sum Municipal Snow and Ice Agreement for the period from July 1, 2009 through June 30, 2010.
New York State Emergency Management Office (SEMO) Pre-Hazard Mitigation
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an amendment to the Pre-Disaster Mitigation Planning Agreement with the New York State Emergency Management Office originally authorized at the February 2, 2006 Board of Trustees Meeting.
Award of Bid, Mason Dump Truck
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the bid for the purchase of a Mason Dump Truck (VM-0606) is hereby awarded to Rye Ford, Inc. of Rye, New York per their bid of $61,780.69.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with Rye Ford, Inc. for the purchase of a Mason Dump Truck.
Fire Department Membership
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Christopher Scelza to the Briarcliff Manor Hook & Ladder Company.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Michael Anelli to the Briarcliff Manor Fire Company.
Tax Certiorari – 884 Long Hill Road West
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution with condition of applicable interest as demanded by petitioner’s counsel:
WHEREAS, Mark and Susan Kaminsky instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York;
WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2003 through 2006; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2004-2005, 2005-2006, 2006-2007 and 2007-2008; and
WHEREAS, Decisions and Orders of the Supreme Court of the State of New York, County of Westchester, were entered on June 14, 2006, and July 16, 2007;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the payment of tax refunds for Fiscal Years 2004-2005, 2005-2006, 2006-2007 and the first installment of 2007-2008 in the following amounts based upon assessment values reduced in accordance with the Decisions and Orders:
FY 2004-2005 $1,361.41
FY 2005-2006 $1,451.49
FY 2006-2007 $1,492.49
FY 2007-2008 $771.40
Total Refund $5,076.79
NOW THEREFORE, BE IT FURTHER RESOLVED that the assessment for the second installment for Fiscal Year 2007-2008 shall be adjusted in accordance with the Decisions and Orders.
Board Appointment – Conservation Advisory Council
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that Emily Sacks is hereby appointed to the Conservation Advisory Council.
BE IT FURTHER RESOLVED that the appointment shall be for an unexpired term to end on April 1, 2009.
Adjournment
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to close the meeting at 9:05pm.
Respectfully submitted by,
Christine Dennett
| 