https://sleepyhollow.localarchives.org/files/original/0ff35fcdd28096cc207b201169909127.pdf bf98a62daa818f4fa6bd97e49f9458ae PDF Text Text GQs" Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, December 18th, 2007 starting at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Deputy Mayor Mario DiFelice Andy Murray Sandra Morales Maria DeMilia-Powers Ken Wray Kay Grala Trustees Also Present: DwightH. Douglas, Village Administrator Robert Ponzini, Village Counsel Chief Warren Sean McCarthy, Building Inspector Mayor Zegarelli called the meeting to order at 7:00 p.m. and directly into special session. On a motion of Trustee Murray, seconded by Trustee Grala and subject to the review, and approval of the Mayor, the subject department heads, the trustee subcommittee chairs and the Village Treasurer the warrant of December 18th, 2007 and any vouchers as consolidated in said warrant were unanimously approved. The attached resolutions R-2 through R-4 were acted upon as shown. Resolution R-l regarding a cable franchise agreement with Verizon was the matter of some discussion. Trustee Grala reported on discussions with Verizon regarding schedules A and D of the subject draft agreement, stating that Verizon had agreed to add Kendal on Hudson and Fire Central to the list of "free drops" in Schedule A and to include the Philipsburg Manor Restoration (or a site to be determined) as an "origination" location in Schedule D. Trustee Grala also noted that the PEG capital funding of $90,000 to be provided by Verizon had an improved payment schedule: $30,000 within one month of execution of the Franchise Agreement, an additional $30,000 at the close of year three, and the final $30,000 at the close of year seven of the agreement. John Butler of Verizon attended the meeting and confirmed these changes. Ralph Gunderman as chair of the Village's Communications Committee spoke in general support for the proposed franchise agreement, noting, however, that the amount of PEG funding to be provided was lower than what it would take to equip and operate the PEG function. Trustee DiFelice expressed strong concern regarding Verizon's five year schedule for ensuring that the entire village had cable access. Mayor Zegarelli indicated 1 �}i.o that Verizon should provide the Village with the locations within the Village that do not currently have wiring for cable access before he will sign the agreement. Trustee DeMilia-Powers expressed concern with the contingent nature of the PEG payments other than the initial $30,000 payment, commenting that Cablevision would need to agree to comparable fees for the Village to receive these payments. It was the sense of the board that despite these concerns, the franchise agreement as modified was in approvable form. The attached resolution R-l was acted on as shown and the mayor duly authorized to execute the agreement after the village received information from Verizon showing the areas of the village already wired for cable coverage. At 7:55 p.m. on a motion of Trustee DiFelice, seconded by Trustee Wray and carried unanimously the special meeting was adjourned. I Respectfully submitted, Dwigm-A. Douglas, Village Administrator I I �63^ Meeting Date: Resolution #: 12/18/07 12/234/07 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Expressing Appreciation for the Work of the Village Administrator, Dwight H. Douglas on his Retirement WHEREAS, Dwight H. Douglas, Village Administrator, has submitted his resignation effective February 29, 2008; and WHEREAS, the Mayor and Board of Trustees wish to take a moment to acknowledge Mr. Douglas for his work on behalf of the Village; and WHEREAS, Mr. Douglas was first employed as the Village Administrator on May 18, 2000 and continues in that capacity since; arid WHEREAS, during this period to the present, significant advances have been made in the Village for which Mr. Douglas has played a major part; and WHEREAS, Mr. Douglas has been instrumental in the Village's obtaining in excess of $20 million in federal, county, state and private grants to assist with the Village's operating budget and capital projects; and WHEREAS, among the capital projects, the work of Mr. Douglas has been key in the upgrade and expansion of Rev. John Sykes Park, Barnhart Park and Margotta Court as well as the redesign and reconfiguration of Horan's Landing; and WHEREAS, Mr. Douglas has worked closely with the Finance Department to help to put the Village on sound financial footing during this period during which no significant revenues were being generated by the GM property; and WHEREAS, Mr. Douglas has worked with the Mayor and Board of Trustees to help to professionalize and upgrade the Clerk's Office, Finance Department and the Building Department and all three departments now function at a high level with highly competent people in charge; and WHEREAS, overall, it is the Board's unanimous belief that the Village of Sleepy Hollow is a better and stronger place resulting from Mr. Douglas' work in our community. NOW, THEREFORE, BE I T RESOLVED that the Mayor and Board of Trustees herein express their appreciation for the work and effort of Mr. Douglas and wish him well in his retirement; and BE I T FURTHER RESOLVED, that February 29, 2008 is hereby proclaimed as Dwight H. Douglas Day in the Village of Sleepy Hollow. Moved: Trustee Grata I Seconded: Trustee Murray Vote: Unanimous �d'Xi) Meeting Date: Resolution # : 12/18/07 12/235/07 Resolution of the Board of Trustees of the Village of Sleepy Hollow st WHEREAS, the regularly scheduled first Work Session in January falls on Tuesday, January 1 , New Year's Day and it is the desire of the Mayor and Board of Trustees to change the meeting date to Wednesday, January 2nd, 2008. I NOW, THEREFORE, BE I T RESOLVED that the Work Session is hereby changed to Wednesday, January 2nd, 2008, at 7:00 p.m. Moved: Trustee DiFelice Seconded: Trustee DeMilia-Powers Vote: Unanimous I I �d> Meeting Date: Resolution No.: 12/18/07 12/236/07 Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting Resignation of P.O. James Cassani WHEREAS, Police Officer James Cassani ("Cassani") was employed as a police officer in the Village of Sleepy Hollow Police Department ("Sleepy Hollow"), and WHEREAS, Cassani, by letter dated December 18, 2007, submitted his resignation from the Sleepy Hollow Police Department to Police Chief Jimmy Warren ("Warren") effective December 19,2007,and WHEREAS, such resignation must be formally accepted by the Village of Sleepy Hollov^ 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"), and WHEREAS, this policy was effective and applies to Cassani and is a term and condition of his resignation. NOW, THEREFORE, BE IT RESOLVED, that the Village accepts the resignation of Cassani, dated December 18, 2007 and effective December 19, 2007, 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 Cassani and a copy be placed in his personnel record with proof of service and that we wish him well in his new endeavors. Moved: Trustee DiFelice Seconded: Trustee Wray Vote: Unanimous �( ( ^ . Meeting Date: Resolution #: 12/18/07 12/237/07 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Awarding a Cable Television Franchise to Verizon New York Inc. to provide Cable Service to the Village of Sleepy Hollow and Approving a Cable Franchise Agreement with Verizon New York, Inc. WHEREAS, the Village of Sleepy Hollow (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 cable television franchises pursuant to Article 11 of the New York State Public Service Law, and Title 16, Chapter VIII, Parts 890.60 through 890.6 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York (the "Cable Laws"); and WHEREAS, VERIZON NEW YORK INC. (" Verizon") is upgrading its existing telecommunications and information services network through the installation of what Verizon refers to as "Fiber to the Premises Telecommunication Network" (the "FTTP Network") within the Village and elsewhere, which existing network transmits Non-Cable Services (as defined in the Verizon Franchise Agreement) pursuant to the authority granted by Section 27 of the New York Transportation Corporations Law, and Title II of the Telecommunications Act, which Non-Cable Services are not subject to the Cable Law or to Title VI of the Communications Act; and WHEREAS, the FTTP Network occupies public rights-of-way (as defined in the Verizon Franchise Agreement) within the Village, and Verizon desires to use portions of the FTTP Network now or hereinafter installed within the Village to provide cable service (as defined in the Verizon Franchise Agreement); and WHEREAS, Verizon has submitted a written application for a cable television franchise to the Village on November 16, 2007 (the "Verizon Application"), which the Village has had an opportunity to review; and WHEREAS, due negotiations between the Village (conducted through the authorized representative of the consortium comprised of the Towns of New Castle and Ossining, and the Villages of Ossining, Sleepy Hollow and Briarcliff Manor) and Verizon have resulted in a proposed agreement entitled "Cable Franchise Agreement between the Village of Sleepy Hollow, New York and Verizon New York Inc." ("Verizon Franchise Agreement"); and WHEREAS, on November 27, 2007 at a regularly scheduled Village Board meeting, the Village held a public hearing on the Verizon Application and the Verizon Franchise Agreement at which Verizon made a presentation to the Village Board in favor of the Verizon Franchise Agreement, including an outline of the cable television services proposed to be provided to the Village pursuant thereto, and members of the Village Board and the public were given notice and �(p^i opportunity to comment on Verizon's presentations and ask questions to be addressed by Verizon's representatives; and WHEREAS, the Village has identified the cable-related needs and interests of the residents of the Village and has exercised due diligence in considering the technical ability, financial conditions, character and legal qualifications of Verizon to meet such needs and interests; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees finds that it approves the character of Verizon; and be it FURTHER RESOLVED, that the Village Board finds that Verizon is legally (pursuant to NY Public Service Commission Rules and other statutory requirements), technically, and financially and otherwise qualified to meet the cable-related needs and interests of the Village and that Verizon will meet all statutory and regulatory non-discrimination requirements; and be it FUTHER RESOLVED, that the Village Board finds, based on the presentation by Verizon, that the cable service offered by Verizon will include competitive offerings with its existing competition; and be it FURTHER RESOVLED, that the Village Board determines that it serves the public interest to award Verizon a franchise to own, construct, operate and maintain a cable system along the public rights-of-way within the Village in order to provide cable service; and be it FURTHER RESOLVED, that the Village Board authorizes the award of a non-exclusive franchise to Verizon to own, construct, operate and maintain a cable system along the public rights-of-way within the Village, in order to provide cable service, which authorization is made in accordance with the applicable provisions of Title VI of the Communications Act and the Cable Laws; and be it FURTHER RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow authorizes Mayor Philip E. Zegarelli to enter into the Verizon Franchise Agreement and to execute any other documents necessary to effectuate the granting of the franchise to Verizon on behalf of the Village of Sleepy Hollow. Moved: Trustee Grala Seconded: Trustee Morales Vote: Unanimous By roll call: Trustees Grala, Morales, Wray, DiFelice, DeMilia-Powers, Murray and Mayor Zegarelli voted: Aye � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2007 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2007-12-18 Subject The topic of the resource Board of Trustees Minutes-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text