Village Board of Trustees
Regular Meeting
November 16, 2011
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 on the 16th of November 2011 commencing at 7:30 p.m.
Present
David Venditti, Deputy Mayor
Anthony N. Capasso, Trustee
Lori A. Sullivan, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Absent
William J. Vescio, Mayor
Robert Mayer, Trustee
FY 2011-2012 – 4 Month Budget Report
The Village Manager gave a brief presentation on the first 4 months of the FY 2011-2012 budget.
The Board requested a copy of the presentation be put on the website.
The Village Manager gave a brief update on the North State Road Project and its targeted completion date.
Board of Trustees Announcements by Trustee Sullivan
- The Autumn Desserts Social hosted by the Friend of the Library will be on 11/17 at 7:30pm.
- The Briarcliff Has Heart 5th annual run will be on Memorial day 2012
- College SAT practice test review classes are available at the Library and Community Center. Please call for more information.
- Cathy Burkhart has recently resigned from the Library Board. The Board thanked her for her service.
- Platform tennis season has arrived.
- Basketball and floor hockey still have a limited number of spots available.
- The Recreation Brochure will be on website by 11/23.
- The Community Bonfire will be on 12/4 at 5pm
Village Managers Report
- The Village will be offering extended office hours for parking permit and taxes collection on 12/17 and 12/21 and 12/28.
- The Village Hall doors will be installed soon.
- The Library window replacement in the old section will be starting soon.
- The exterior lighting project for Village Hall is going out to bid.
- The extra funds from the NYSERDA grant will be used to install solar panels at Village Hall.
- The Chappaqua Road Traffic Signal Bid will be in next week
- The Village DPW is working continuously to pick up storm debris and then will move on to leaves. Residents are asked to bring it to the curb but not into the street. Please don’t blow leaves in the street. Summonses will be issued.
- Scarborough Road is being paved.
Public Comments
There were no public comments.
Schedule Public Hearing – Cable Franchise Agreement – Cablevision
The Board requested Village Attorney, Dan Pozin give a brief presentation at an upcoming work session.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for January 4, 2012 to hear and discuss the Cable Franchise Agreement with Cablevision.
Amend Master Fee Schedule – Credit Card or Debit Card Transactions
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Master Fee Schedule for the Village of Briarcliff Manor as follows:
EFFECTIVE DECEMBER 1, 2011
Visa, Mastercard or Discover Credit or Debit Card in person Transaction Fee (Village Hall) 2.5% per transaction
Resolution Approving Stipulation and Settlement of Action Commenced Against Town of Ossining
Village Attorney Smith stated the action was not to effectuate the Settlement but to meet the Village’s obligation with the New York State Open Meetings Law.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
WHEREAS, the Board of Trustees (“Board”) of the Village of Briarcliff Manor, New York (“Village”), duly brought a legal action against the Town of Ossining (“Town”) entitled Village of Briarcliff Manor v. Town of Ossining, Westchester County Supreme Court Index No~4513/2011 (“Lawsuit”), to enforce an Intermunicipal Agreement made between the Village and the Town dated April~29, 2002 (“IMA”), and apply the Village zoning to the Town Highway/DPW site on Old Route 100 in the Village (“Town Site”); and
WHEREAS, the Village Board held a hearing under Matter of County of Monroe, 72~N.Y.2d~338 (1988), on October 20, 2010 (“Monroe Hearing”), and issued a resolution with findings on the same which, among other things, asserted that the Town should be required to comply with the Village’s zoning and land use regulatory jurisdiction and authority on December~1~&~15, 2010 (“Monroe Resolution”); and
WHEREAS, the Village served a Summons and Complaint on the Town and filed the same with the Court on February~10, 2011; and
WHEREAS, following service and filing of pleadings, the Town and Village entered into discussions of settlement with one another and with the Court; and
WHEREAS, in those discussions, the Town agreed to make certain changes and improvements to the Town Site to bring the Town Site into compliance with the IMA and the Village’s zoning provisions; and
WHEREAS, on the basis of the Town’s agreement, the Board authorized Village Counsel to execute a Stipulation of Settlement and Discontinuance of Action for resolution of the Lawsuit in executive session on November~8, 2010; and
WHEREAS, Village Counsel entered into a So Ordered Stipulation of Settlement and Discontinuance of Action with attorneys for the Town on November~10, 2011, and the same also was “So Ordered” and filed by the Court on November~10, 2011 (“Settlement Stipulation”); and
WHEREAS, resolution of the Lawsuit on the terms set forth in the Settlement Stipulation is consistent with and further implements the Monroe Resolution;
NOW, THEREFORE, BE IT:
RESOLVED, that execution of the Settlement Stipulation and resolution of the Lawsuit on the terms set forth therein is hereby ratified, affirmed, and approved.
Adjournment
The Board wished everyone a Happy Thanksgiving.
Upon motion by Trustee Sullivan, seconded by Trustee Capasso, the Board voted unanimously to adjourn the regular meeting at 8:25pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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