Village Board of Trustees
Regular Meeting
February 1, 2012
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 1st of February, 2012 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Anthony N. Capasso, Trustee
Robert Mayer, Trustee
Lori A. Sullivan, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Board of Trustees Announcements by Trustee Capasso
- BriCA will donate $2,500 to the Library to be used over a 3 year period.
- Children’s and Adult movies will be played at the Library. Visit their site for more information on dates and times.
- A ski/snowboard program for grades 9-12 is being offered.
- Planning for the Spring/Summer Recreation programs is underway.
Mayor Vescio stated a meeting will be held at the Ossining Library regarding the double taxation issue and he encouraged all interested parties to attend.
Village Managers Report by Village Manager Zegarelli
- The Solar Array panels were installed at DPW and Village Hall.
- The Full Water Supply Project is in its final phase.
- The Village has applied for FEMA funds for the October snow storm.
- $110,000 of Village Tax remains unpaid which is 1.1% and very good.
- The North State Road Rehabilitation Project is complete. A project to widen the sidewalk will be done in the spring.
- This year will be the 110th Anniversary of the Village and several events will be planned.
- The Scarborough Firehouse ceiling is being replaced and the apron will be done in the spring.
- The concession stand contract will be going out to bid shortly.
Public Comments
Mr. Etzold of 526 Pleasantville Road stated the weekend work at Department of Public Works caused him a great disturbance and requested the finances associated with the work. He requested the work be done during normal business hours.
Mayor Vescio stated the work was done as part of the organic waste recycling program and contractors were charged to dump materials there.
Village Manager Zegarelli stated it was a revenue source for the Village and due to recent storms there was an enormous amount of debris that needed to be picked up on the weekend instead of prolonging it over several weeks. He stated some of the costs would be offset by FEMA monies.
Deputy Mayor Venditti stated the DPW did a yeoman’s job and operated a great facility. He stated he was sorry that Mr. Etzold was inconvenienced but he lived near a public works facility.
Authorize Village Manager to Execute Agreements
Cable Franchise Agreement – Cablevision
The Board requested a list of funds that would be due and what equipment would need to be upgraded.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
RESOLUTION AUTHORIZING THE VILLAGE OF BRIARCLIFF MANOR TO RENEW A CABLE FRANCHISE AGREEMENT WITH CABLEVISION OF WAPPINGERS FALLS, INC., TO OPERATE A CABLE SYSTEM IN THE VILLAGE OF BRIARCLIFF MANOR
WHEREAS, the Village of Briarcliff Manor (the “Village”) is a “franchising authority” in accordance with Title VI of the Communications Act of 1934, (the “Communications Act”), and is authorized to grant one or more nonexclusive cable television franchises pursuant to Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended (collectively the “Cable Laws”);
WHEREAS, the Village, granted a franchise renewal to American Cable Systems, Inc. d/b/a Continental Cablevision (“Continental”) on March 2, 1995; and
WHEREAS, Continental was acquired by U. S. West, Inc., in 1996 and renamed MediaOne Group, Inc. and;
WHEREAS, on May 6, 1999, MediaOne Group, Inc. merged with Meteor Acquisitions, Inc., a wholly owned subsidiary of AT&T Corp. (“AT&T”) to become Meteor Acquisition Group, Inc. d/b/a MediaOne of New York, Inc., a wholly owned subsidiary of AT&T; and
WHEREAS Cablevision of Wappingers Falls, Inc. (“Franchisee”), or its predecessor, with the approval of both the Village and the New York State Public Service Commission (“Commission”), acquired certain assets from AT&T, including the cable system and franchise in the Village on April 18, 2000; and,
WHEREAS, Franchisee has submitted a proposed Franchise Renewal Agreement to operate a cable system within the Village; and
WHEREAS, The Village and Franchisee have mutually agreed to the terms of a Franchise Renewal Agreement; and
WHEREAS, the Village has determined that the Franchisee is and has been in substantial compliance with all terms/provisions of its existing franchise and applicable law; and
WHEREAS, the Village has determined that Franchisee has the requisite legal, technical and financial capabilities to operate a cable system within the Village and that Franchisee’s proposal for renewal of the franchise meets the cable related needs of the Community; and
WHEREAS, a duly noticed Public Hearing, affording an opportunity for all those interested parties within the Village to be heard on the proposed Franchise Renewal Agreement, was held before the Village on January 4, 2012.
NOW, THEREFORE, be it
RESOLVED, that the Village Board of Trustees determines that it is in the best interest of the public to award a Franchise Renewal Agreement to the Franchisee; and be it
FURTHER RESOLVED that the Village Board of Trustees concludes that the terms of Franchise Renewal Agreement is reasonably comparable in its totality with the terms of the Agreement between the Village and Verizon NY, Inc., (Case # 07-V-1524, confirmed by the Commission on January 18, 2008), and does not contain economic or regulatory burdens which, when taken as a whole, are greater or lesser than those burdens placed upon the party to the other agreement, or any other cable television franchisee operating in the same franchise area; and, with regard to the provision of facilities and support for Public, Educational and Governmental Access are competitively neutral; and be it
FURTHER RESOLVED that the Board of Trustees hereby authorizes the Mayor or Village Manager to enter into a Franchise Renewal Agreement with Cablevision of Wappingers Falls, Inc., and to execute any other documents necessary to effectuate the granting of the franchise renewal on behalf of the Village of Briarcliff Manor.
Mayor Vescio stated there were misquotes published in one of the newspapers and the Board was doing what was in the best interest of the Village.
North East Special Recreation
The Mayor requested a letter be sent to the State and local representatives regarding the funding for the program.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso with one nay vote by Mayor Vescio, the Board voted to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an interagency agreement with North East Westchester Special Recreation, Inc. to expire on December 31, 2012 for the provision of a therapeutic recreation program for residents with disabilities.
Fire Department Membership
The Board thanked her for volunteering.
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 of the Village of Briarcliff Manor hereby approves the membership of Christina Veit to the Briarcliff Manor Fire Company.
Schedule Public Hearing for the Issuance of a Special Use Permit, Urstadt Biddle Properties, Inc – Chilmark Shopping Center
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the March 7, 2012 Board of Trustees meeting to hear and consider a request from Urstadt Biddle Properties, Inc pursuant to Chapter 220, Zoning, Section 6J Special Uses in Residence Districts, Subsection 6.
Election Inspectors for Annual Village Election 2012
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that, Janet Wagner, Emily Sack, Sam Papa, and Susan Cabral are hereby appointed Inspectors of Election for the March 20, 2012 Village Election.
BE IT FURTHER RESOLVED that Janet Wagner is hereby designated as Inspector of Election and Chairperson.
BE IT FURTHER RESOLVED that Sharon Balog, Jeanette Reid, Diane Wiacek, Bruce Wiacek Lauren Gualdino and Georgina Gualdino are hereby appointed as Alternate Inspectors of Election.
BE IT FURTHER RESOLVED that the compensation for each Inspector of Election other than the Inspector designated as Chairperson is hereby fixed at Two Hundred and Twenty Five ($225) dollars per day.
BE IT FURTHER RESOLVED that the compensation for the Inspector of Election that is designated as Chairperson shall be Two Hundred Seventy-Five ($275) dollars per day.
Minutes
Upon motion by Trustee Sullivan, seconded by Trustee Capasso, with one abstention by Trustee Mayer, the Board voted to approve the minutes of November 16, 2011.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the minutes of January 4, 2012.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, with abstentions from Trustee Capasso and Trustee Mayer, the Board voted to approve the minutes of January 11, 2012.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, with abstentions from Trustee Mayer and Trustee Sullivan, the Board voted to approve the minutes of January 18, 2012.
Adjournment
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the meeting at 8:25pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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