Village Board of Trustees
Regular Meeting
August 15, 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 15th of August, 2012 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Murray, Trustee
Mark Pohar, 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 Murray
- The Library has had many successful programs throughout the summer. Please visit the website for information on their upcoming programs.
- Mark your calendars for Community Day on September 8th.
- There will be a ½ Triathlon on September 9th. Route 9A will be closed southbound between Croton on Hudson and Briarcliff Manor.
- Pool season is in full swing through September 3rd and permits are required and still available.
- The Fall Brochure will be available on the Recreation Page of the website as of September 1st.
- A Dedication Ceremony will be held in honor of the Blue Star Monument on September 8th at 11am in the Pocket Park on Pleasantville Road.
- The Youth Center “Back with a Splash” party will be on September 6th at the Village Pool.
- Subscribe to Rec News on the website to keep up to date on Recreation events and programs.
Mayor Vescio stated the Blue Star Memorial was installed by the Garden Club in the Pocket Park as part of a living memorial to honor those that have dedicated their lives to protect our freedom and safety.
Village Managers Report by Village Manager Zegarelli
- The walk through inspection for the FWSP went well.
- A summary of FEMA monies should be received shortly.
- The Club Field has recovered well but will remain closed for the remainder of the season.
- Summer Camp has ended for the season.
- On September 4th regular business hours will resume at Village Hall.
- The yearend audit for Fiscal Year 2011-2012 will be held after Labor Day.
Public Comments
There were no public comments.
Police Sergeant Promotion
The Board congratulated Detective Sergeant Doherty and stated it was well deserved and he would serve the village well in his new position.
Upon motion by Trustee Murray, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that Matthew Doherty of Hawthorne, New York is hereby promoted to the position of Police Sergeant at an annual salary of $100,873 effective at 12:01 a.m. on August 16, 2012.
Approval of Field Use Application
The Board made minor changes to the application.
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees does hereby approve the distribution of the Field Use Application by the Recreation Department.
Appropriation of Reserve – EFC Principal Payment
Upon motion by Deputy Mayor Venditti, seconded by Trustee Pohar, the board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby authorize the appropriation of the Full Supply Capital Project Reserve as follows:
From: F0878 Full Supply Capital Project Reserve $413,591.71
To: F9901.940 Transfer Capital Loan EFC $413,591.71
Authorize Village Manager to Execute an Easement Agreement for the Village’s benefit with Westchester County and 445 North State Road Partners, LLC
The Board had general discussion regarding the resolution and made minor amendments.
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to approve the following resolution as amended:
RESOLUTION
OF THE
VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES
445 North State Road Developer Easement
WHEREAS, by resolution adopted August 1, 2012 (“August 1 Resolution”), the Village of Briarcliff Manor (“Village”) Board of Trustees (“Board of Trustees”) authorized and directed the Village Manager to sign and deliver on behalf of the Village a certain Inter-Municipal/Developer Agreement between the Village, the County of Westchester (“County”), and 445 North State Road Partners, LLC (“445 Partners”) (“IMDA”), a certain easement from the Village to the County (Municipality Easement”), and a certain Agreement between the Village and 445 Partners (“Developer Agreement”), in connection with development by 445 Partners and Comstock Development Inc. of mixed-use buildings including fourteen (14) affordable housing
units and two (2) office spaces, with new private utilities/services including electric, sewer, water and storm (“Project”) and the County’s provision of services and funding for the benefit of the Project, including but not limited to improving utility service (“Infrastructure Improvements”) to 445~Partners’ property at 445 North State Road, Briarcliff Manor, New York (“Property”); and
WHEREAS, the August 1 Resolution further authorized and directed the Village Manager to make or accept any change to the IMDA, the Municipality Easement, or the Developer Agreement so long as the change was not material and was acceptable to Village Counsel in form and substance; and
WHEREAS, at closing on the IMDA, Municipality Easement, and Developer Agreement, the Village was asked also to sign and deliver a certain easement from 445~Partners to the County and the Village (“Developer Easement”); and
WHEREAS, the Developer Easement benefits and does not burden the Village; and
WHEREAS, Village Counsel reviewed the Developer Easement, concluded that it does not adversely affect any right or obligation of the Village, and found it acceptable in form and substance; and
WHEREAS, the Board of Trustees is satisfied with the Developer Easement and the rights, benefits, and protections afforded the Village therein;
NOW THEREFORE, BE IT
RESOLVED, that Board of Trustees finds that execution of the Developer Easement would be and is in the best interest of the Village; and be it further
RESOLVED, that Board of Trustees authorizes and directs the Village Manager to execute and deliver the Developer Easement on behalf of the Village; and be it further
RESOLVED, that the Village Manager is further authorized to make or accept any change to the Developer Easement so long as the change is not material and adverse to the Village’s interests and is acceptable to Village Counsel in form and substance; and be it further
RESOLVED, that Village Manager’s execution of the Developer Easement and any other action heretofore taken in furtherance of the objects this Resolution is ratified and confirmed.
Minutes
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, with one abstention from Trustee Murray, the Board voted to approve the minutes of August 1, 2012.
Adjournment
Upon motion by Deputy Mayor Venditti, seconded by Trustee Pohar, the Board voted unanimously to adjourn the meeting at 8:00pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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