Village of Sackets Harbor Board of Trustees
August 15, 2017
Special Meeting
112 N. Broad St.
Sackets Harbor, NY 13685
Present: Mayor Vincent Battista,
Deputy Mayor Barbara Boulton, Trustee Molly Reilly and Trustee James Bray.
Absent: Trustee Dan Frechette. Also present: Village Attorney Dennis Whelpley.
The meeting was called to order
at 6:30 with the Pledge of Allegiance.
A motion to adjourn the regular
meeting to go into Executive Session to discuss possible litigation was made at
6:31 by Trustee Bray and seconded by Deputy Mayor Boulton. Vote 4 ayes
(Battista, Boulton, Reilly and Bray), 0 nays.
The regular meeting was resumed
at 6:57 by a motion made by Deputy Mayor Boulton, seconded by Trustee Reilly.
Vote 4 ayes (Battista, Boulton, Reilly and Bray), 0 nays.
A Resolution was read into the
minutes by Mayor Battista:
WHEREAS,
Liberty Sackets Harbor, LLC and Philip J. Simao (the “Potential Plaintiffs”)
have threatened immediate litigation against the Village of Sackets Harbor, its
Planning Board, Zoning’s Board of Appeals, its elected officials, officers,
employees and attorneys (collectively the “Village) unless the Village agrees
to a temporary tolling of any applicable statute of limitations which may
govern claims which may be asserted by Potential Plaintiffs and which have not
expired as of August 20, 2017;
WHEREAS,
the Village and the Potential Plaintiffs desire more time to attempt to settle
any outstanding differences without immediate litigation and Potential
Plaintiffs agree to forestall commencing any litigation against the Village,
provided all the Villages’ procedural and substantive rights that exist as of
the date hereof are preserved and not waived in any manner;
NOW,
THEREFORE IT IS RESOLVED that the Village Board of Trustees authorizes
Conboy, McKay, Bachman & Kendall, LLP, its attorneys, to enter into a
tolling of the Statute of Limitations Agreement with the Potential Plaintiffs
in accordance with the foregoing terms and conditions for a period of time not
to exceed 120 days from August 20, 2017, provided either party to said
agreement on 45 days’ written notice to the other party may suspend such
agreement.
Dated: August 15, 2017 Introduced: Mayor Vincent Battista Seconded: Trustee James Bray
Voted Aye: Mayor Battista, Deputy Mayor Boulton, Trustee
Reilly and Trustee Bray
Voted Nay: 0 Abstained:
0 Absent: Trustee Frechette
A motion to adjourn the meeting was made at 7:00 pm by Trustee
Bray, seconded by Deputy Mayor Boulton. Vote 4 ayes (Battista, Boulton, Reilly
and Bray), 0 nays.
Minutes Submitted by:
Peggy Kelly
Village Clerk
