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                  <text>S2&gt;'-3&gt;
A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held
on Tuesday, November 27, 2007, at in Village Hall, 28 Beekman Avenue, Sleepy
Hollow, New York.
Present:

Mayor Philip E. Zegarelli
Mario DiFelice, Deputy Mayor
Maria Rose DeMilia
Kay Brown Grala
Sandra Morales
Andrew Murray
Kenneth Wray, Trustees

Also Present:
Dwight Douglas, Village Administrator
Robert J. Ponzini, Village Attorney
Diane Jacobson, Village Treasurer
Sean McCarthy, Building Inspector
Public Hearing
At 7:58 p.m. the public hearing notice was read by Trustee Grala which is hereto
attached. In attendance for Verizon were John F. Butler, Scott Parr and Sean Kulka.
Mr. Butler read a statement to the Board asking them to grant permission to offer
cable television and thanking the Mayor and Board for bringing the process to a
public hearing.
Sean Kulka, outside counsel for Verizon, reviewed the negotiation process to the
current time, gave a context as to what the negotiations were about, and reviewed
level playing field in New York State. Scott Parr, consultant to Verizon, made a brief
statement and called for public questions. The Mayor limited the speakers to the
public hearing and that no decision would be made tonight.
Roger Connor appeared on behalf of Cablevision who questioned the infrastructure
and technology aspects of the franchise and how to provide public information and
live access. He also advised that Cablevision agreement is also being negotiated. A
letter from Robert Hoch was submitted to the Village for the record.
Chris Kotter of the Communication Worker's of America spoke to say that Verizon
will allow real competition happen and benefit the Village. Will be more affordable
and offer more services.
Arnold Jenkins of 126 Valley Street spoke in favor of Verizon and asked the Board to
grant approval.

1

I

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Michael Kirby of 64 New Broadway spoke to say that he is a FIOS subscriber for a
couple of years and is very happy; feels need competition in the Village.
Elliott Martone of Farrington Avenue thanked the Mayor and Board for negotiating
this agreement and believes it is a good agreement.
Mario Belanich of North Washington Street asked about the levels of pricing for the
subscribers. Discussion ensued about Tarrytown's agreement, pricing, and public
access. Trustee Grala advised that it is very important for Sleepy Hollow to see
Tarrytown's meetings and vice versa. Verizon representative said that probably the
only open issue in negotiations is the technical issue: the linkage with Tarry town.
He brought up other issues as well such as senior discount rates, Channel 12, etc.
Edna Belanich of North Washington Street wanted further clarification of Channel
12.
Mary Ann Hogan of 95 Beekman Avenue stated that she is a satisfied Cablevision
customer. She was concerned about availability for community access station.
Ralph Gunderman of 138 Millard Avenue questioned on any restrictions on the use
of PEG and grants. Sean Kulka addressed his concerns and limitations of state and
federal law relating to PEG grants.
David Hodgson of Munroe Avenue spoke about public government channel and other
matters.
Sunny McLean of Riverside Drive spoke to the issues of access points, grants, etc.
Mike Witch of Mamaroneck, New York questioned the level playing field.
A transcript of the minutes can be purchased through Rockland &amp; Orange Reporting,
20 South Main Street, New City, NY.
After the discussion and public input, Trustee Grala moved to close the public
hearing, seconded by Trustee DeMilia-Powers subject to leaving the record open for
15 days for submission of written comments including e-mails to be included in the
record. The comments could be sent to Mayor Zegarelli or Sonja Goldstein-Suss.
Verizon advised the Board that they would ask that the Board vote on the matter by
December 20 which would allow Verizon to go before the PSC in January 2008. The
Board will reserve time on the December 18 th , 2007 agenda. Carried.
The Mayor then thanked Trustee Grala and her committee for the hard work put into
the negotiations.
Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.
2

�Mayor Zegarelli called for a moment of silence in honor of Thomas Square who
recently passed away.
Approval of Minutes
Subject to minor typographical errors and/or non-material changes, Trustee DiFelice
moved, seconded by Trustee Murray to approve the minutes of September 18, 2007,
motion carried 7-0.
Subject to minor typographical errors and/or non-material changes, Trustee Grala,
seconded by Trustee DeMHia-Powers to approve the minutes of October 23, 2007,
motion carried 7-0.
Subject to minor typographical errors and/or non-material changes, Trustee Morales
moved, seconded by Trustee Murray to approve the minutes of November 6, 2007,
carried 7-0.
Approval of Warrant
The Warrant NOV27 was approved in the amount of $282,944.34. Moved by Trustee
Murray and seconded by Trustee Grala; Carried 7-0.
The Warrant NOV27A was approved in the amount of $134,724.49. The Board
questioned the payments to the organizations which assisted with the Haunted
Hayride. The Recreation Subcommittee will review the payments before payment is
issued. Moved by Trustee Grala and seconded by Trustee DiFelice; Carried 7-0.
Mayor's Announcements - Adjourned to next meeting of the Board.
Public Comments Trustee Reports — Adjourned to next meeting of the Board.
Administrator's Report — Adjourned to next meeting of the Board.
Resolutions — See Attached.
Old Business - None
New Business- None
Communications, Petitions and Requests - The Deputy Village Clerk reported the
notice of an application from Santorini Tavern Corp. of 175 Valley Street for an OnPremises liquor license. A copy has been forwarded to the Police Chief.
3

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Public Comments Mary Ann Hogan spoke to the Board complimenting Police Officer Paul Nelson's
response to a situation and his professionalism and further said that she believed
the Village has a fine Police Department.
Ms. Hogan further went on to the compliment Deputy Village Clerk Sonja GoldsteinSuss in her quick response to phone calls and her professional manner.
Irene A ma to spoke about the Nextel application for the cell tower which was
responded to by Counsel Ponzini.

I

There being no further business,. Trustee Murray moved and Trustee Morales
seconded to adjourn the meeting at 10:38 p,,m. Carried 7-0.
Respectfully submitted,
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SonjaM. Goldstein-Suss
Deputy Village Clerk

I

I

�NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a
public hearing w i l l be held by
the Village Board of, the Village
of Sleepy Hollow on November
27, 2007 at 8:00 p.m. at Village
Hall, 28Be.ekman Avenue,
Sleepy Hollow, New York 1059,1,
for the purpose of considering, a
proposed initial franchise agreement for cable television service
in Sleepy Hollow w i t h Verizon
New York, Inc. Copies o f the
franchise application and proposed Franchise agreement are
on file at Village Hall and may
be viewed during normal business hours, between 8:30 am.
and 4:30 p.m., Monday through
Friday.
All interested persons will have
the opportunity to be heard during the Public Hearing in regard
to the proposed franchise
agreement.
Village Hall is handicapped accessible.
BY ORDER OF THE
VILLLAGE BOARD OF THE
VILLAGE OF SLEEPY HOLLOW
Angela Everett Village Clerk
Dated: November 20, 2007

�&lt;2g
VILLAGE Or SLEEPY HOLLOW
NOTICE OF PUBLIC HEARING

AFFIDAVIT OF PUBLICATION
from

&lt;Ehe Journal News
CECILIA HERNANDEZ

being du,y sworn

si

principal clerk of The Journal News, a newspaper published in the County of W'
of New York, and the notice of which the annexed is a printed copy, was publish
area(s) on the date(s) below:

PLEASE TAKE NOTICE the! a
public heating will be held by
the Village Board of the Village
of Sleepy Hollow on Novembei
27, 200V al 8:00 p.m. at Village
Hall, 2B Bookman Avemu,
Sleepy Hollow, New York 10591,
for the purpoae of considering a
proposed initial franchise agree
ment lor cable television service
In Sleepy Hollow with Vertion
New York, Inc. Copies of the
frenchiae application and pro
posed Iranchlse agreement arc
on RIB at village Hall and may
i,e viewed during normal bull 5
t h e
nesa hours, between 8:30 am.
end 4:30 p.m., Monlay * f 0 U B h $ t a t e
Friday.

Note: The two-character code to the left of the run dates indicates the zone(s) tl
puhlished. (See Legend below)
AC

11/20/07

Signed

All Interested porsona will have D S p e T
the opportunity to be heard dur
ing the Public Hearing in regard
to the proposed franchise
agreement.

^

Hall Is handicapped ac

cessible.
BY ORDER OF THE
VILLAGE BOARD OF THE
VILLAGE OF SLEEPY HOLLOW

I

Angela Everett, Village Clerk
Oeied: Novambe; 20, 200"?

\Ak hym

Sworn to before me
This

day of

mmt

20

£L

JACKL
Notary Public. State of Now York
No. 01SH6019087
Qualtfled In RockJand County
Term Expires Feb. 1 2011

Notary Publi^, Wp^cfiester Cou
&gt;gend:
Drthern Area (AN):
nawalk, Armonk, Baldwin Place, Bedford, Bedford Hills, Briarcliff Manor, Buchanan, Chappaqua, Crompond, Cross River, Croton Falls,
•oton o n Hudson, Goldens Bridge, Granite Springs, Jefferson Valley, Katonah, Lincolndale, Millwood, Mohegan Lake, Montrose, Mount
sco, North Salem, Ossining, Peekskill, Pound Ridge, Purdys, Shenorock, Shrub Oak, Somers, South Salem, Verplanck, Waocabuc,
nrktown Heights, Brewster, Carmel, Cold Spring, Garrison, Lake Peekskill, Mahopac, Mahopac Falls, Putnam Valley, Patterson
antral Area (AC):
'dsley, Ardsley on Hudson, Dobbs Ferry, Elmsford, Harrison, Hartsdale, Hastings, Hastings o n Hudson, Hawthorne, Irvington, Larchmont,
amaroneck, Pleasantville, Port Chester, Purchase, Rye, Scarsdale, Tarrytown, Thornwood, Valhalla, White Plains, Greenburgh
Duthern Area (AS): Bronxville, Eastchester, Mount Vernon, New Rochelle, Pelham, Tuckahoe, Yonkers
reater Westchester (GW): Includes Northern, Central and Southern Areas
o c k l a n d Area (JN or RK):Blauvelt, Congers, Garnerville, Haverstraw, Hillbum, Monsey, Nanuet, New City, Nyack, Orangeburg, Palisades,
oatsburg, Sparkill, Spring Valley, Stony Point, Suffern, Tallman, Tappan, Thiells, Tornkins Cove, West Haverstraw, West Nyack, Pearl River,
ermont, Valley Cottage, Pomona
utnam Express (XPU): Baldwin Place, Brewster, Carmel, Mahopac, Patterson, Putnam Valley
ound Shore Express (XSS): Harrison, Larchmont, Mamaroneck, New Rochelle, Pelham, Port Chester, Purchase, Rye
r
hite Plains Express (XWP): Elmsford, Hawthorne, Valhalla, White Plains
o r k t o w n &amp; Cortlandt Express (XYC): Buchanan, Cortlandt Manor, Crompond, Croton on Hudson, Crugers, Jefferson Valley, Lincolndale,
ohegan Lake, Montrose, Ossining, Peekskill, Shenorock, Shrub Oak, Verplanck, Yorktown Heights
eview Press (BVW):
ronxville, Eastchester, Scarsdale, Tuckahoe

Ad Number- H02392643

Account Number - 040203004

I

�Robert Hoch
Director, Government Affairs
P (914) 378-4515
F (914) 909-2123
rhoch@cablevision.com

November 27, 2O07

VIA ELECTRONIC MAIL AND HAND DELIVERY
Honorable Philip E. Zegarelli, Mayor
Honorable Maria R. DeMilia
Honorable Mario DiFelice
Honorable Kay Brown Grala
Honorable Sandra Morales
Honorable Andrew Murray
Honorable Kenneth G. Wray
Dwight Douglas, Village Administrator
Robert Ponzini, Esq. Village Counsel
Angela Everett, Village Clerk
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, NY 10591

Re:

Proposed Cable Franchise Agreement Between the Village of
Sleepy Hollow and Verizon New York, Inc.

Dear Mayor Zegarelli, Honorable Board Members, Mr. Douglas, Mr. Ponzini and Ms.
Everett:
I write on behalf of Cablevision regarding the proposed Verizon cable franchise currently
before you. Since Cablevision's own franchise renewal is pending in the Village of
Sleepy Hollow (the "Village")., we arc concerned about a number of troublesome aspects
of the Verizon proposal, including provisions that jeopardize both the Village's PEG
funding as well as its continued negotiations with Cablevision.
Chief among these provisions is Verizon's proposed mix of contingent and per-subscriber
payments for the Village's PEG support. {See §§ 5.4.2 - 5.4.4). When cutting through
all the complex language, it is clear that the only guaranteed component of PEG support
from Verizon over the fifteen year term of the franchise is a single $30,000 payment due
30 days after the franchise effective date. Numerous factors make the likelihood and size
of all subsequent payments, including supposed fixed payments, completely dependent
CABLEVISION
Six Executive Plaza, Yonkers, NY 10701
914 378-8960

�November 27, 2007
Page 2 of 2
on factors out of the control of the Village. The contingent per subscriber mechanism, in
conjunction with contingent payments at the end of ) jars 5 and 10, makes this proposed
funding stream illusory, arbitrary, and unreliable. Cablevision respectfully submits that
the Village Board should reject these provisions for the following reasons:
•

The Village has a responsibility to ensure that the reasonable PEG-related needs and
interests will be paid for over the term of the franchise. Verizon's per subscriber
formula for PEG, which is tied directly to the size of Verizon's subscriber base,
leaves the Village's PEG support to the mercy of what happens over the next fifteen
years in the multichannel video programming market. It is impossible for Verizon to
accurately represent what their penetration will be and what this figure means, and
therefore what funding, if any, will be provided:

•

The franchise does not define what is an "equivalent" PEG proposal from another
cable provider; nor does it provide for an alternative funding mechanism in the
absence of an "equivalent" proposal. Under the proposed Verizon franchise, the
Village risks losing almost all of its PEG support in the absence of "equivalent" PEG
funding from other cable providers. The franchise document does not, however,
define the meaning of "equivalent." In fact, the aggregate value of Verizon's PEG
responsibility, based on the per-subscriber formula, cannot truly be calculated until
the expiration of the franchise fifteen years from now;

•

Verizon has accepted flat, fixed payments. Verizon has no problem splitting up
evenly with Cablevision a fixed PEG grant — it has done so in 64 of the 73 New York
franchises it has negotiated to date; and has placed contingent provisions for fixed
payments in four others;

•

Cablevision is prepared to negotiate fixed PEG support payments which will meet the
Village's reasonable PEG needs. Demanding the same of Verizon will increase the
amount and certainty of PEG support available to the Village, and accelerate the
renewal process with Cablevision.

Verizon's PEG proposal almost guarantees that Sleepy Hollow will not receive the
financial support it requires to adequately fund PEG programming. For all of the reasons
above, Cablevision urges the Village of Sleepy Hollow to reject the Verizon franchise as
currently drafted.
Thank you for your consideration. Please do not hesitate to contact me regarding this
matter.

�Meeting Date:
Resolution #:

11/27/07
11/215/07

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Establishing a Reduced Architectural Review Board Fee for the
Sleepy Hollow Downtown Revitalization Corporation Facade Grant Program
WHEREAS, by prior action, the Mayor and Board of Trustees have supported and encouraged
the Sleepy Hollow Downtown Revitalization Corporation to solicit grant funding to assist with the
fagade renovation of commercial buildings in the downtown; and
WHEREAS, subsequently a $200,000 grant was awarded which provides matching funds for
facade renovations to 21 properties; and
WHEREAS, as an inducement to said property owners to undertake significant upgrade to their
property and to ensure to the greatest extent feasible full participation of all the affected
properties, the Mayor and Board of Trustees are desirous of setting a reduced fee for
Architectural Review Board oversight.
NOW, THEREFORE, BE IT RESOLVED that property owners participating in the Sleepy
Hollow Downtown Revitalization Corporation facade grant program shall be charged a flat $50
fee for review by the Architectural Review Board.
Moved: Trustee Murray

Seconded: Trustee Morales

Vote: Unanimous

�q3*
Meeting Date:
Resolution No.:

11/27/07
11/216/07

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Accepting Resignation/Retirement of Dwight Douglas

WHEREAS, Village Administrator Dwight Douglas, by letter dated November 21, 2007,
submitted his resignation for the purpose of retirement to Mayor Philip E. Zegarelli ("Zegarelli")
effective February 29, 2008, and

I

WHEREAS, said resignation/retirement must be formally accepted by the Village of Sleepy
Hollow Board of Trustees ("Village"), and
WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy
for employee termination and rehire ("Policy").
NOW, THEREFORE, BE IT RESOLVED, that the Village accepts the resignation of Dwight
Douglas, dated November 21, 2007 and effective February 29, 2008, and finds that the
termination/rehire policy of July 15, 2003 applies, and
BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Dwight Douglas and a
copy be placed in his personnel record with proof of service and that we wish him well in his
retirement.

Moved: Trustee Grala

Seconded: Trustee DeMilia-Powers

Vote: Unanimous

I

I

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Village of Sleepy Mollow
Philip II. Zegarelli
Mayor
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( &gt; 14) 360-5107

Mario DiFelice
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Deputy Mayor
)epuly Mayor
("14)366-5107
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TRUSTEES
Maria Rose DcMilia
Ka&gt;' Brown Grala
Sandra Morales

K:-o,t:y

Dwight II. Douglas
. , • ...
Administrator
(914)366-5105
Angela Everett
,ni
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Village Clerk
(914)366-5106
Diane L. Jacobson
Treasurer
(914)366-5144

Jtfcil' l/ot'k
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More than aCcgcnd

CM 4) 366-5107-

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Village Attorney

November 21, 2007

Hon. Philip E. Zegarelli
Mayor

Village of Sleepy Hollow

O"*"^""

**•» y ^

/ ~ \^ j—

28 Beekman Avenue

Sleepy Hollow, NY 10591
Dear Mayor Zegarelli:
Please accept this letter as official notice of my resignation for the purpose of retirement. I will
be retiring on February 29th, 2008. As we have previously discussed, after February 29th, I will
be available to provide some consulting services for various projects as you may require them.

I

It has been a most rewarding seven and a half years working for you and your administration.
Looking back, we can see tremendous progress has been made and yet a tremendous amount
of work lies ahead. I want to thank you for the opportunity to serve the Village at this most
important juncture in the Village's development.

Sincerely,

Dwight H. Douglas
Cc:

Boa rd of Tru stees
Department Heads

28 Beekman Avenue • Sleepy Hollow, New York 10591
Telephone (914) 366-5100 • Fax (914) 631-5880
www.yillageofsleepyhollow.org

I

�M
Meeting Date:
Resolution #:

11/27/07
11/217/07

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Closing Out the Grant from the U.S. Department of Housing and Urban
Development for the Senior Center
WHEREAS, the U.S. Department of Housing and Urban Development awarded a Special
Project grant in the amount of $124,263 with an effective date of August 26, 2005 for the
Senior Citizen Center Construction; and
WHEREAS, the account number on the Village of Sleepy Hollow chart of accounts is
H.70.7110.2071.80746, and the HUD project number is B-04-SP-NY-0515; and
WHEREAS, the construction of Phase I of the Senior Center is complete, all grant monies
expended, and full reimbursement received from HUD;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees hereby authorize the
Mayor to take any and all steps to close out the U.S. Department of Housing and Urban
Development grant.

Moved: Trustee DeMilia-Powers

Seconded: Trustee Murray

Vote: Unanimous

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