Mayor & Board of Trustees

Pz AGENDA DECEMBER 6. 2017 BOARD OF TRUSTEES VILLAGE OF BR¡ARCLIFF MANOR, NEW YORK REGULAR MEETING - 8:00 PM Pledge of Allegiance Board of Trustees Announcements Village Managers Report - End of Year FY16-17 Budget Report Public Gomments 1. Annual Audit Report for FY 2016-2017 - Cooper Arias, LLP 2. Village Justice Court Annual Report for FY 2016-2017 3. Fire Department Resolutions 4. Authorize Village Manager to Execute Agreement for Valet Services with ProPark 5. Authorize Village Manager to Execute an Agreement with the Chief of Police 6. Budget Amendment 7. Schedule a Public Hearing to Repeal and Replace Chapter 146 Entitled "Noise" in the Code of the Village of Briarcliff Manor 8. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING - WEDNESDAY, DECEMBER 20, 2017  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 6, 2017 2 VILLAGE JUSTICE COURT ANNUAL AUDITOR'S REPORT FOR FY 2016-2017 BE lT RESOLVED that the Village Justice Court conducted an lndependent Audit for Fiscal Year 2016-2017 in accordance with Section 2019-a of the Uniform Justice Court Act. BE lT FURTHER RESOLVED that the Board of Trustees does hereby approve and accept into the record the Village Justice Court lndependent Audit for Fiscal Year 2016-2017.  Støte of gtfew {orfr lJnfie[ Court Slstem BÐT 25 (Beaver Street Arew {orfr, t\/:(, 10004 (212) 42s-2100 lMa.y 12,2077 Lawrence K fulørRS C ñief A lninis tratia e J u[g e Mayor ü'illiarn Vcscio Viliage of Briarcliff Manor I 111 Pleasantville Rd Briarcliff l\4anor, NY 10510 o^ \" \tr.t^ \" \Jol"r-.r, ì \) | Dear Mayor Vescio Scction 2019-a of the Uniform Justice Court A.r,:(. requiles thal [o.¡¿n and village justices annuallv provide their cr:urt records anrl doçkets to their respec'tive [crwn and village auditing boards, and that such records then be examinecl or auciited anrj tirat fact ire enteretl into the minu-tes of the board's proceedings. 1'he Unified Court System's Action Plan þr the Jusiice Courts iucludes initiatives to ilnprove accountability and controls over Justice Court hnanoes and recor<ls. Among the initiatives is increased nronitoring of town and village board cornpliance with section20lg-a. Accorciingly, I am requesting that you provide a copv of' your most recent audit or examination (calerxlar year ending 2016 or fiscal year end.ing in 2017) of your local court's records and a copy of your board resolution acknov¿ledging that the required examination or audit was conducterl. Please email the report and the resolution to jpæazzS@,Lyço_Uft¡,ß91 or forward to Joan Casazza,Internal Coutrol L,iaison, NYS Offioe of Court Administration, 2500 Pond View, Suite LLO1, Castleton-on:Itr¡rclson, NY 12033. If you have any questions, please contact Joan Casazza al (51 B) 23 8-4303 or at the email lisfarj nl-rrrr¡e Thattk ;zn'_1 fr¡¡ )/nr_lf co¡peratiOn. Verv truly yours, . /< ismrv c: George Dan-v"luk, CIA Joan Casazza, CIA À!-a- \rN^ ('  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 6, 2017 3. FIRE DEPARTMENT RESOLUTIONS A. Confirmation of Villaoe of Briarcl Manor Fire Deoartment Election and/or Appointment of Departmental Officers Subject to the provisions of General Municipal Law (GML) Section 10 - 1000 in its entirety, such relative sections so pertain and relevant Opinions of the NYS Comptroller, BE lT RESOLVED that the Board of Trustees does hereby confirm the results of the annual departmental elections for the Year 2016-2017 Officers and Delegates to the BMFD Fire Council as contained in attachment 1-A for a period of one (1) year. B Confirmation of Villaoe of Briarc Manor Fire Department Election ntment of De rtmental Office Subject to the provisions of General Municipal Law (GML) Section 10 - 1000 in its entirety, such relative sections so pertain and relevant Opinions of the NYS Comptroller, BE lT RESOLVED that the Board of Trustees does hereby confirm the results of the annual departmental elections for the Year 2017-2018 Officers and Delegates to the BMFD Fire Council as contained in attachment 2-A for a period of one (1) year. c. Reouest Aooroval: Villaoe of Briarcliff Manor Fire Deoartment Annual Fund Drive Whereas, behalf of the VBMFD the Chief of the Department has requested the permission of the VBM Board of Trustees for it to hold its annual fund drive within the Village of Briarcliff Manor utilizing its own resources and Departmental Tax Exempt EIN for deposit of all receipts of funds; and Whereas, subject to the provisions of General Municipal Law (GML) Section 10 - 1000 in its entirety, such relative sections that so pertain and relevant Opinions of the NYS Comptroller; NOW, THEREFORE, BE lT RESOLVED that the Board of Trustees does hereby approve of the BMFD's request to undertake its annual fund drive  Michael F. K¡ng, Sr., Chief Briarcliff Manor Peter J. Fulfree, 1"tAsst. Chief Vincent J. Caruso, 2"d Asst, Chief Fire Department 1111 Pleasantville Road Emergency 911 Briarcliff Manor, NY 10510 Chiefs Office (914) 941-0879 Fax (914) 944-2758 Offìce of the Chief E-mail: fdchief@bria rcliffmanor.org November L3,2Ot7 Mr. Phillip Zegarelli Village Manager ü\ Village of Briarcliff Manor 1111 Pleasantville Road Briarcliff Manor, NY 105L0 Dear Mr. Zegarelli, The Fire Council Members of the Briarcliff Manor Fire Department, as voted by the Briarcliff Fire Company, Hook and Ladder Company and Scarborough Engine Company for the Year 2016-20L7 are as follows: Chief Dennis L. Reilly, President l't Asst. Chief R. Michael Garcia, Treasuer 2nd Asst. Chief Peter J. Fulfree, Secretary Michael Turco, Delegate Lawrence Reilly, Delegate Robert O'Hanlon, Delegate William Bauer, Delegate Matthew Goldman, Delegate Joan Lederman, Delegate Douglas Cacciola, Alternate Robert Martin, Alternate Joan Dengler, Alternate The members of the Fire Council serve a one yearterm and are voted on by members of the individual companies of the Fire Department they represent. Should you have any questions, please do not hesitate to call me. Y rs truly, ichael F ng Chief  Michael F. King, Sr., Chief Briarcliff Manor Peter J. Fulfree, 1"t Asst. Chief Vincent J. Caruso, 2"d Asst. Chief Fire Department 111 1 Pleasantville Road Emergency 911 Briarcliff Manor, NY 10510 Chiefs Office (914) 941-0879 Fax (914) 944-2758 Office of the Chief E-mail : fdchief@ bria rcliffma nor.org November L3,2OL7 Mr. Phillip Zegarelli Village Manager Village of Briarcliff Manor 11-11 Pleasantville Road :.^A Briarcliff Manor, NY 10510 Dear Mr. Zegarelli, The Fire Council Members of the Briarcliff Manor Fire Department, as voted by the Briarcliff Fire Company, Hook and Ladder Company and Scarborough Engine Company for the Year 2017-2018 are as follows: Chief R. MichaelGarcia, President (Resigned September 25,2Ot7) Chief Michael F. King, Sr. President (Effective November 9,20L7) L't Asst. Chief Peter J. Fulfree, Secretary 2nd Asst. Chief Vincent J. Caruso, Treasurer Michael Turco, Delegate Lawrence Reilly, Delegate Robert O'Hanlon, Delegate Robert Maftin, Delegate Jeffrey Bassett, Delegate Joan Dengler, Delegate Douglas Cacciola, Alternate William Bauer, Alternate Matthew Goldman, Alternate The members of the Fire Council serve a one yearterm and are voted on by members of the individual companies of the Fire Department they represent. 5 ld you have any questions, please do not hesitate to call me tru ichael F. King ief  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 6, 2017 4 AUTHORIZE VILLAGE MANAGER TO EXECUTE AN AGREEMENT - VALET PARKING SERVICES FOR THE SCARBOROUGH STATION WHEREAS, the Village of Briarcliff Manor (VBM) issued a Request for Proposals (RFP) to provide valet parking services at the VBM's Scarborough Railroad Station which identified such selection criteria as previous experience, operational viability, and maintenance of the current level of service and interplay with clientele and called for proposals to be submitted by 17 November 2017, and having received three (3) proposals ranging in cost from $10,995.00 per month to $12,350.00 per month; and WHEREAS, the RFP calls for 2 years of fixed pricing calculated at a per month rate and a VBM option to extend the award for a 3'd year not to exceed a 2o/o per month cost increase together with other requisites such as liability insurance and such other protections for the VBM and its parking permit holders; and WHEREAS the lowest responsible proposal was by Pro-Park with a monthly charge of $10,995.00 for calendar years 2018 and 2019 and the option for a 3'd year at $11,215.00 (an increase of 2% in keeping with the RFP) equating to an annual cost of $131 ,940.00 for years 2018 and 2019 and $134,580.00 for the optional 3rd year (2020); and, WHEREAS, ProPark is currently providing valet parking service at the Scarborough Station under contract with the VBM and is familiar with the job and facilities, has drawn compliments for its work, and can continue its work without any interruption or disruption in service, at their current charge of $9,180.00 per month ($1t0,160.00 per year); NOW, THEREFORE, BE IT RESOLVED that the proposal for valet parking services at Scarborough Station is hereby awarded to ProPark America as per its proposal of $10,995.00 per month fora period of two (2) years commencing January 1,2018, and expiring on December 31 , 2019 with an optional 3'd year at VBM's Board of Trustees sole discretion for $11,215.00.00 per month for calendar year 2020; and BE lT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contractual agreement with ProPark America for valet parking services at the Scarborough Station to cover such period of time with such terms and conditions in keeping with the revised RFP and the provisions of Pro Park's proposal.  ll11 PleasanWille Road b-:--^t?4 tt--^- tl v a^Ea^ r r rr.rlJ L. Éeltqr e¡¡r Village Manager Telephone: (91 41 944-27 82 Facsim i le: (91 41 941 4837 www. b ria rc I iff ma n or. o rg MEMORANDUM TO Mayor and Board of Trustees (M/BOT) Pz cc Dan Pozin, Esq., Village Attorney trDalt-{ ñt-..:t:--.. F a------ll= rr:ll--- Àr--^----- I t\vt'l r rililp L. ALgqrçilrt Yilrqyç r'rqrrqyçr DATE: 28 November 20L7 RE: Scarborough Railroad Station Valet Parking Bid Results As you are aware, ProPark America has been the RFP approved valet parking vendor at our Scarborough Statíon since its inception in 2008. Traditionally, we have had RFP's as each contract a'^,nir¡rl Th¡ rnnfra..+ thâi rnrn har.rn hpnn r¡rnnth., r rcinn r¡!lc fnr a t.¡,,.n ..,,ear fivnr{ nri¡¡ nor mnnth plus an optional third year to be priced no higher than 2.0o/o above the then monthly rate. The option is solely for the Víllage to exercise. We have found this RFP format to be very useful ¡n maintaining a stable, reliable vendor, meeting legal guidelines and identiñ7ing additional potential bidders, if neeessary. The current contract won by ProPark America three years ago called for a fixed rate for the first two years and an optional third year priced at no higher than 2.0o/o over the previous year. The current year's monthly cost is $9,245.00: that is based off of the third year calculation. As you know, the primary person representing ProPark America is "Juan" who has a very close relationship with our commuters having been the designated operator since its original operation We sent RFP's to seven known valet parking vendors: three submitted proposals. The bids were returnable on 17 November 2017 at 4:00 PM. Village Treasurer Edward Ritter and I opened the submissions. A summary of the proposed rates for years one and two and a third optional year are as follows: Month/Year-Yearsl&2 Month/Year - Year 3 option (+2%) rf urdf K r{f f tef tLd + rurvvJ,uu/ +rJrryru.uu $i i,¿i5.uui $ri4,5tj0.0ü l-AZ Parking $ 1 1,602.00/$ 139,230.00 $ 1 1,834.00/$142,015.00 Classic Valet Parkíng, Inc. $ 12,350.00/$ 148,200.00 $L2,597 .00 I $ 1 5 1, 164.00 ÞrnÞ:r'k r.,v¡c tha lnr¡r¡ct rêcnrìncih!. hirldnr rt t1O qqq nn nnr mnnth fnr ...,¡¡rq nne =nrl t"-..rn nnd $11,215.00 per month for the optional thlrd year. The two other proposals were cons¡stently higher. Given that ProPark is well known to us and our resident commuters, our recommendation that the two-vear contraetual rate of $10.995,00 ner month/$131,940.00 ner vear be awarded to ProPark-, We álso recommend that the third year óption should oniy be reui"*é¿ in December 2019 for the 2020-year contract. As previous discussed, the current ProPark rate per month is $9,245.00 and the amount going forward of $10,995.00 is an 18.8olo increase over the previous months. I reviewed this significant increase in the seruice rate with ProPark management and they related a higher commuter use and an increase of cars (permits) since the last contract. In point of fact (with the same rate per year, unchanged since 2013) we have exceeded budgeted revenues since 2015 by 17.5o/o. ProPark aiso notecj that they have had three people on site at various times to relieve the morning "surge" versus the two people normally present day-to-day, Lastly on this issue, I have knowledge that at least one other bidder sought to recruit "Juan" to be on site if they won the RFP: undoubtedly they "factored" retaining "Juan" with themselves. Since we antícipate a Valet Parking budgeted expenditure line shortfall for the last five months of our 20L7-2018 fiscal year, we will need to formally appropriate $8,750.00 from Fund Balance. P=c¡r{ .^.n Dr.^.D;¡.|¡tc úSJLU ¡nntin:1,=,,{ rLrr rvvv hinh !cr,'c! nf car,tira =nrl n=rfnrt¡.enr'¡ =1":.,1 in n:lfi¡l:l=:'lfc l¡.¡=l rhicf attendant "Juani I recommend approval of a two-year contract to ProPark America as proposed. Action: Need Resolution to accept ProPark's bid (two year option) Need Resolution to cover budqet shortaqe with transfer of Fund Balance.  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 6,2017 5. AUTHORIZE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH THE CHIEF OF POLICE BE lT RESOLVED that the Village Manager is authorized to execute an agreement with Donald Gorey effective June 1,2017 as Chief of Police; and BE lT FURTHER RESOLVED that this agreement supersedes any prior agreement between the Village and the Chief of Police.  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 6, 2017 6. BUDGET AMENDMENT BE lT RESOLVED that the budget for fiscal year 2017-2018 is hereby amended as follows: CON EDISON PAVING fncrease Revenue 40101 .2770 Misc. Revenue $15,137.28 lncrease Expense A5112.460 Contractual Services $15,1 37 .28  BUDGET AMENDMENT REQUEST FORM 2017t2018 Increase Expense Muni Code Bu Line S r5,r3z.2g 45112.460 Contractual Serv¡ces I ncrease Revenue Muni Code B $ 15,137.29 AOtOt.2770 Misc Revenue Reason for Amendment Request: To account for additional funds for specific from Con-Ed s of Requesting De partment Head Date Signed Village Manager 3) ¡st 1þn Date Signed Village Treasurer il t-7 Date Signed lf over S L0,000, Board ofTrustees Approval Date  October 6,20L7 Mr. Philip E. Zegarelli Village Manager Village of Briarcliff Manor Ll.L PleasanWif le Road Briarcliff Manor, NY L05L0 Re: Agreement for Paving Dear Mr. Zegarellí, This letter confírms the agreement between Consolidated Edison Company of New york, lnc. and the Village of Briarcliff Manor concernÍng repaving of certain streets ín connection with utility-related work performed by Con Edison. Con Edison obtained permits from the municipality to perform work on the following streets: Any obligation that Con Edíson had, or may have, to pertorm repaving in connectíon with the streets listed above shall be performed by Briarcliff Manor. Con Edison will only be responsible for the square footage necessary to repave the areas covered Ín the permits unless otherwise agreed to in writÍng. Con Edison has agreed to pay the Víllage of Briarcliff lVlanor 5L5,737.28 for the roadway listed above in lieu of performing fÍnal restoration. Please confÍrm this agreement on behalf of Briarcliff Manor. Sincerely, MichaelW. Thompson Construction Manager Mr. Philip E.Zega Manager Village of Bríarcliff  Village Board of Trustees Regular Meeting October 18,2017 8:00 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 at the William J. Vescio Community Center, at 1 Library Road, Briarcliff Manor, New York on the 18th of October, 2017 commencing at 8:00 p.m. Present LoriA. Sullivan, Mayor Cesare DeRose, Jr. Trustee Mark L. Wilson, Trustee Bryan Zirman, Trustee Also Present Philip Zegarelli, Village Manager Christine Dennett, Village Clerk Absent Mark Pohar, Deputy Mayor Pledge of Allegiance Board of Trustees Annou nts bv Trustee Wilson . The October 1sth Haunted Hallway event at the Library was very well attended. o The Library and Community Center have many programs going on. Visit the website for information. . The Annual Ragamuffin Parade will be on October 21"1at 9:30am. . The Recreation Fall Brochure is available. Visit the Recreation Page for more information. Villaqe Manaqers Report bv Villaqe Manaqer Zeqarelli . The Village Hall HVAC project is underway. . The Law Park Parking Lot Project and Pond Dredging will be done next year. . The Holbrook Lift Station project is nearing completion. o The Fire Department Apron Project will be done in 2018. o The Annual Village Audit Report will be given at an upcoming meeting. . The Village Paving Project will begin on October 23'd. . Road and sidewalk work are being done on Pleasantville Road by Westchester County. o Leaf píckup has begun. 1  a Sign up for the weekly Village Manager email to stay informed The Board requested an update on current projects and funding sources at the next Work Session. Public Comments There were no public comments. Minutes Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to approve the minutes of September 6,2017 and October 4,2017 Librarv Board Appointment The Board thanked Mr. Fetonti for volunteering Upon motion by Trustee Wilson, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby makes the following appointment: Robert Fetonti as a member of the Library Board to fill the unexpired term of Glenn Pacchiana to expire on December 31 ,2020. Adiournment There will be a Work Session on October 25,2017 at 6:30pm Upon motion by Trustee Zirman, seconded by Trustee Wilson, the Board voted unanimously to adjourn into executive session at 8:35pm and stated they would adjourn the regular meeting immediately thereafter. Respectfully Submitted By, Christine Dennett Village Clerk 2  Village Board of Trustees Regular Meeting November 8,2017 8:00 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 at the William J. Vescio Community Center, at 1 Library Road, Briarcliff Manor, New York on the 8th of November,2017 commencing at 8:00 p.m. Present LoriA. Sullivan, Mayor Mark Pohar, Deputy Mayor Cesare DeRose, Jr. Trustee Mark L. Wilson, Trustee Bryan Zirman, Trustee Also Present Philip Zegarelli, Village Manager Christine Dennett, Village Clerk Daniel Pozin, Village Attorney Pledge of Allegiance Board of Trustees Announcements bv Mavor Sullivan . Veteran's Day is being observed on Friday. There will be garbage pickup but municipal offices will be closed. The Library will be closed on Saturday. o 2018 Scarborough Station Parking Permits are available for purchase. . The Library and Community Center are filled with activities Please visit the website for program information. . The Recreation Fall Brochure is available. Visit the Recreation Page for more information. The Board asked for an update on construction projects going on throughout the village. Village Manaqers Report bv Villaqe Manaqer Zeqarelli . The Village Annual Paving Project is complete. . The Pleasantville Road project is being done by Westchester County and should be completed by Thanksgiving. o The Route 9A/North State Road project is anticipated to be done in early December. The walkway has started but the signal is slightly delayed. . The Safe Routes to School Project will begin in December and continue into next year. . The Pocantico Bridge Project will be done next Spring. . The Village Hall HVAC project is underway. . The Law Park Parking Lot Project and Pond Dredging will be done next year. . The Holbrook Lift Station project is nearing completion. o The Fire Department Apron Project will be done in 2018. . The AnnualVillage Audit Report will be given at the next meeting. . The Board of Trustees Meeting for November 1Sth is canceled. I Public Comments There were no public comments. Election Resolution for Annual Villaqe Election 2018 Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution: BE lT RESOLVED that the annual Village Election will be held in the Village of Briarcliff Manor on Tuesday, March 20,2018 between the hours of 6:00am and 9:00pm during which the polls will be open. BE lT FURTHER RESOLVED that the following Village Offices are to be elected at the annual Village Election of March 20,2018 for the terms as set forth herein: Office Term ïrustee (2) 2 Years Award of Bid - Phase 4 Utilitv lmprovements (Club) Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, the Board voted unanimously to approve the following resolution subject to clarification as to the footings and original proposed cost: WHEREAS the Village received 10 bids for the Phase 4 Utility lmprovements Project (VM-1617-9); and NOW, THEREFORE, BE lT RESOLVED that the bid for the Phase 4 Utility lmprovements Project (VM-1617-9) is hereby awarded to Abbott & Price, lnc. with their bid proposal of $187,000 which will be charged to budget code H.8397.201 .PPVM6. BE lT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Abbott & Price, lnc. for said project. Authorize Villaqe Manager to Execute an Agreement - Glove Excavators Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: WHEREAS, the Village of Briarcliff Manor (VBM) is a party to a joint sharing agreement with the Town of Mount Pleasant (TMP) dated as of 7 July 2017, as lead agent, wherein an award of bid designated Clove Excavators, lnc. of Poughkeepsie, NY as the lowest responsible bidder; and, WHEREAS, the VBM was recently notified that it's paving time slot for the paving of VBM roads had been moved up to commence operations on or about 30 October 2017 and prior to Board of Trustees approval action; BE lT RESOLVED that the VBM Board of Trustees (BOT) hereby confirms and authorizes its directive of 25 October 2Q17 to have the VM to execute the VBM's own 2 agreement with Clove Excavators, lnc. for bituminous road materials as per their proposal of $99.50 weighted average per ton. The estimated amount of material to be used is 4,275 tons equating to $426,894.00 all-in and this current project will be charged to budget code 45112.465. Fire Department Memberships The Board thanked the new members for volunteering. Upon motion by TrusteeZirman, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Kamil l. Ramkaran to the Scarborough Engine Company BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Thomas J. Gustin to the Scarborough Engine Company Minutes The minutes were tabled to the next meeting Adiournment The next regular meeting will be on December 6,2017 at 8:00pm with a Work Session at 6:30pm. The Board wished everyone a Happy Thanksgiving Upon motion by Trustee Zirman, seconded by Trustee Wilson, the Board voted unanimously to adjourn the meeting at 8:33pm. Respectfully Submitted By, Christine Dennett Village Clerk J  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 6, 2017 7 SCHEDULE A PUBLIC HEARING: LOCAL LAW TO REPEAL AND REPLACE CHAPTER 146 ENTITLED "NOISE'' IN THE CODE OF THE VILLAGE OF BRIARCLIFF MANOR BE lT RESOLVED that a Public Hearing is hereby scheduled for the at 8:00pm Board of Trustees meeting to hear and discuss a proposed local law to repeal and replace Chapter 146 entitled "noise" in the Code of the Village of Briarcliff Manor.  Draft I ll20l17 Village of Briarcliff Manor/General - DRAFT Local Law on Noise Ordinance C :\Users\cdennett\AppData\Local\M icrosoft\W indows\Temporary Internet Files\Content.Outlook\A5J7QUAl\NOISE ORDINANCE - PROPOSED - (l I -20-17) (00817880- I lxAEl39).docx A LOCAL LAW TO REPEAL AND REPLACE CHAPTER 146 ENTITLED ..NOISE" IN THE CODE OF THE VILLAGE OF BRIARCLIFF MANOR Draft lll20ll7 Be it enacted by the Board of Trustees of the Village of Briarcliff Manor as follows Section 1. Chapter 146 of the Code of the Village of Briarcliff Manor, is hereby repealed in its entirety and replaced with the following: "Chapter 146: Noise $ 146-1. Purpose. This chapter shall be deemed an exercise of the police power of the State of New York and of the Village of Briarcliff Manor for the protection of the economic and social welfare, health and peace of the people of the Village of Briarcliff Manor, and all its provisions shall be construed for the accomplishment of that purpose. ç 146-2. Restrictions on certain noises, Except as may otherwise be permitted hereunder, it shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the Village of Briarcliff Manor, New York. $ 146-3. Definitions. HEAVY CONSTRUCTION EQUIPMENT Equipment designed and utilized in site development, demolition and construction for digging, pushing, or transporting large amounts of earth, rock, or building materials. Such devices include, but are not limited to bulldozers, backhoes, pneumatic hammers, steam shovels, derricks, cranes, steam or electric hoists, wheel loaders, scrapers, excavators, and rock trucks. LAWN CARE AND LANDSCAPING EQUIPMENT Any device powered by electricity or fuel which is used for the mowing of grass, or the clearing of leaves or other vegetation, including, but not limited to, such devices as lawn {00817880.docx.1 1}  Draft 11120111 Village of Briarcliff Manor/General - DRAFT Local Law on Noise Ordinance C :\U sers\cdennett\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\A5J7QuA1\NOISE ORDINANCE - PROPOSED - (l I -20-17) (00817880- l1xAEl39).docx mowers, lawn edgers and leaf blowers. MECHANICAL ROCK EXCAVATION The breakdown or extraction of rock or other minerals utilizing a mechanical hammer or rock crushing equipment. ROUTINE CONSTRUCTION Any or all activity necessary for the erection, demolition, assembling, altering, installing, or equipping of new structures, or additions to existing structures the operation of mechanical machinery, grading, leveling, excavating, clearing and filling and othe similar activities involving less than one (l) acre of disturbance. $ 146-4. Permitted activities. In recognition of the fact that certain activities as defined above may result in noise, the following limitations shall apply to such activities: A. The following activities are permitted only between the hours of 9:00 a.m. and 7:00 p.m. Monday through Friday, 9:00 a.m. and 5:00 p.m. Saturday and 10:00 a.m. and 4:00 p.m. Sunday: (l) Ordinary building maintenance and repair to maintain said elements in sound or operable condition, including the restoration or replacement of damaged materials, equipment, or fixtures, and the removal or replacement of existing materials, equipment, or fixtures with comparable elements intended for the same purpose. (2) Ordinary maintenance of grounds, including the operation of lawn care and landscaping equipment utilizing man-powered equipment, except however, that such operations on a private or public golf course may commence at 6:00 a.m. B. The following activities are permitted only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and Saturday between the hours of 9:00 a.m. and 5:00 p.m. Said activities are not permitted on Sundays or federal holidays. (1) Routine construction, but not including any_activities enumerated in Section C below. C. The following activities are permitted only between the hours of 9:00 a.m. and 5:00 p.m. on weekdays. Said activities are not permitted on Saturdays, Sundays or federal holidays. (1) Heavy Construction Equipment usage. {00817880.docx.1 I }  Draft I ll20l17 Village of Briarcliff Manor/General- DRAFT Local Law on Noise Ordinance C :\Users\cdennett\AppData\Local\M icrosoft\Windows\Temporary Internet Files\Content.Outlook\A5J7QUAl\NOISE ORDINANCE - PROPOSED - (l l-20-17) (00817880- 11xAEl39).docx (2) Land Development Activity, as defined in and subject to_Chapter 184 of this Village Code. (3) Blasting, as defined in and subject to Chapter 1 l8 of this Village Code except that such activity shall be restricted to sixty two (62) consecutive calendar days excluding Saturdays, Sundays and federal holidays, except as otherwise provided by special permit, and no new or additional blasting permit shall be issued for the same project or property within eighteen (18) months from the expiration date of any previously issued blasting permit. (4) Mechanical Rock Excavation, except that such activity shall be restricted to sixty two (62) consecutive calendar days excluding Saturdays, Sundays and federal holidays, except as otherwise provided by special permit, and no new or additional mechanical rock excavation shall be issued for the same project or property within eighteen (18) months from the expiration date of any previously issued mechanical rock excavation. $ 146-5. Enumeration of violations. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive: A. Those activities enumerated in $ 146-4 above, when operated outside the permitted specified time periods. B. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a warning signal pursuant to the provisions of the Vehicle and Traffic Law of the State of New York. C. The use or operation of any equipment afhxed or appurtenant to a building including, but not limited to HVAC equipment, refrigeration equipment and generators, whether permanent or temporary, and which shall generate any noise louder than 65 decibels when the sound level meter is located at a point not nearer than the property line nearest to the sound source, or if such source is located on public property, as measured a distance of300 feet from such sound source, D The playing, using, operating, or permitting to be played, used or operated any radio, television, tapelCDldigital or other player, musical instrument or instruments, or other machine or device for the production or reproduction of sound" in such manner (1) as to disturb the peace, quiet and comfort of the neighboring inhabitants, or (2) which is cast upon the public streets or other public places for advertising, {0081788O.docx.1 1 }  Draft 1ll20ll7 Village of Briarcliff Manor/General - DRAFT Local Law on Noise Ordinance C :\Users\cdennett\AppData\Local\Microsoft\V/i ndows\Temporary Internet Files\Content.Outlook\A5J7QUAl\NOISE ORDINANCE - PROPOSED - (1 l-20-17) (00817880- l1xAEl39).docx soliciting, campaigning or sales purposes, and (3) shall at any time be louder than 65 decibels when the sound level meter is located at a point not nearer than the property line nearest to the sound source, or ifsuch source is located on public property, as measured a distance of 300 feet from such sound source. The operation of any of the above devices between the hours of I 1:00 p.m. and 8:00 a.m. in such manner as to be plainly audible on adjacent property shall be prima facie evidence of a violation of this section. E. The keeping or harboring of any animal, fowl or bird which by causing frequent or long- continued noise shall disturb the comfort or repose of any person residing in the vicinity. F The blowing of any whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger. G The discharge into the open air of the exhaust of any steam engine, stationary internal- combustion engine, air compressor or motor vehicle engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. H The discharge of firearms, where permitted by law, between the hours of 6:00 p.m. and l0:00 a.m. prevailing time. I The use of any drum, bell, loudspeaker or other instnlment or device for the purpose of attracting attention to any solicitation, performance, show or sale or display of merchandise by the creation of noise, excepting bells sounded by licensed mobile vendors, provided that the sound thereof is not audible more than 300 feet from said vehicle. $ 146-6. Penalties for offenses. Any person violating any provision of this chapter shall be subject to the following penalties: A. A violation of the this chapter is hereby declared to be an offense, punishable by fines not exceeding $250 for conviction ofa first offense, not exceeding $500 for conviction ofa second offense, and not exceeding $1,000 for conviction of a third or subsequent offense. However, for the purpose of conferring jurisdiction upon courts and judicial offrcers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. B. Each day's continued violation shall constitute a separate additional violation. {00817880.docx.1 I }  Draft 11120117 Village of Briarcliff Manor/General - DRAFT Local Law on Noise Ordinance C :\Users\cdennett\AppData\Local\Microsoft\Wi ndows\Temporary Internet Files\Content.Outlook\A5J7QUAl\NOISE ORDINANCE - PROPOSED - (11-20-17) (00817880- 1 1xAEl39).docx C Any person, including any hrm, corporation or other entity, owner, builder, tenant, contractor, subcontractor, construction superintendent, agent or other person who shall violate any provision of this chapter or any other regulation made under authority conferred thereby, or who shall violate or fail to maintain continued conformity with any plan detail or condition of any permit, certificate or approval granted under the Village Code, or who shall assist therein, shall be deemed in violation of this chapter and shall be liable upon conviction to a fine, as provided in this chapter. D A notice of violation issued by the Building Inspector, a Code Enforcement Officer or a Police Offrcer relative to a premises shall be served either personally or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed within one day of posting to the person to whom it is directed at such person's last known address as listed in the Village tax rolls. E. In the event that compliance with the notice of violation is not made within five days from either personal service or from posting and mailing, the Building Inspector may then serve an accusatory instrument, as defined in the Criminal Procedure Law, in the Village Justice Court to compel the appearance of the property ewner, tenant, lessee or other person in control of the property to appear in such Court to answer the accusatory instrument. All provisions of New York State Law aflecting Village Code violations shall apply to these proceedings; provided, however, that such notice shall not be required where in the judgment of the Building Inspector the alleged violation constitutes a threat to life, health or safety, in which no such notice shall be required. ç 146-7. Applicability The provisions of this chapter shall not apply to any construction project for which a valid building permit has been issued prior to the effective date hereof. $ 146-8. Repealer Ordinance No. 171, previously enacted on September 10,1970, and Local Law No. 2-1987, previously enacted on September 3,1987, are hereby repealed. Section 2. Severability The invalidity of any word, section, clause, paragraph, sentence, pafi or provision of this local law shall not affect the validity of any part of this local law which can be given effect without such valid part or parts. {0081 7880.docx.l 1 }  Draft I ll20ll7 Village of Briarcliff Manor/General - DRAFT Local Law on Noise Ordinance C :\U sers\cdennett\AppData\Local\Microsoft\Windows\Temporary lnternet Files\Content.Outlook\A5J7QUAl\NOISE ORDINANCE - PROPOSED - (l l-20-17) (00S17880- I lxAEl39).docx Section 3. Effective Date. This local law shall take effect immediately upon filing in the Office of the Secretary of State of New York in accordance with the provisions of the Municipal Home Rule Law. {00817880.docx.11}  Village Briarcliff Manor Board of Trustees Special Session of 15 November 2017 6:30 PM. Subject to public notice duly provided and at the call of the Mayor, the VBM Board of Trustees convened a Special Meeting at 6:30 PM in the Villaqe of Briarcliff Manor at the William J. Vescio Community Center, at 1 Library Road on the 15th of October, 20L7 commencing at 6:30 PM. Present Lori A.. Sullir¡an, Mavor Cesare DeRose, Jr. Trustee Mark L. Wilson, Trustee Bryan Zirman, Trustee Also Present Philip Zegarellí, Village Manager and as Deputy Village Clerk Absent Mark Pohar, Denutv Mavor The meeting was called to order at 6:30 PM with the Pledge of Allegiance Mayor Lori Sullivan provided opening remarks and welcomed members of the VBM Fire DepaÊment and Ambulance Corps present. She noted that this special session had a limited agenda: the confirmation of various VBM Fire Department officers. The Mayor asked Village Manager to read the resolutions, as follows: 1. Confirmation of Village of Briarcliff Manor Fire Depaftment Election: Chief of the Fire Department r^ !L^ -:-:^-^ .^^-^--! At.,-:-;^-! i ¡,^Ã;ìl '. a^-+i^^ J J.ì ,! n¡ìrì ;- :+^ -..L:^^! JuuJçLL ^5 tJcilsrdr rvruilrLrPdr Ldw prUvrsrur 15 ur LU Lr rC --^- -,., uJFrL/ JtrLLrur r ru - rvuu ilr rL5 entirety and such relative sections so peftain, BE IT RESOLVED that the Board of Trustees does hereby confirm the results of a special election of the Briarcliff Manor Fire Depaftment conducted on Thursday, 9 November 20t7, naming Michael f. King as Chief Ei-a f\^n-rL:¡nt:lnti! r^-^4-^-! Ui +L.¡ ^f L¡iC t-¡lC UCiJc¡tLiiiv¡¡i uiirii tha ann:¡=! i¡Ci-iüíLii¡UiiL Lii! u¡¡¡,uq¡ ^l^r:^^.+.,.: C|ULLiU¡¡ Lli ths he!¡.{ in c ¡¡e¡u anri! v¡ i¡¡,-rPiii ?lì1P nlc èv¡v. Moved by Trustee DeRose; Seconded by Trustee Wilson. Vote: 4-0 2. Confirmation of Village of Briarcliff Manor Fire Depaftment Election: Assistant Chief Officers. Subject to the provisions of General Municipal Law (GML) Section 10 - 1000 in its entirety and such relative sections so pertain, BE IT RESOLVED that the Board of Trustees does hereby confirm the results of the annual election of the Briarcliff Manor I Firaflanelfmontrnndrlrfarl nnThrrrcder,,6Anri! ?O1 7 nanrinnÞafar'! Frrlfree Fircf vv, ¡ ¡, vL Assistant Fire Chief and Vincent J. Caruso as Second Assistant Fire Chief of the Fire Department until the annual depaftment election to be held in April of 2018. Moved by Trustee Wilson; seconded by Trustee Zirman. Vote:4-0 The Mayor offered welcom¡ng remarks, thanks and support for the Fire Depaftment, its officers and personnel= Thereafter, Mavor Sullivan administered the oath of offlce to Michael F. King as VBM FD Chief of the Depaftment. There being no other matters before the Board of Trustees and upon motion by Trustee L.. T-..-!^^ ñ^r.^-^ tL^ n^^-l ..^!^.¡ ..-^-:-^. --!- - !- ji^-.-- Seconqeq Dy ¡ i-Ustee ueKOSe, tne EOafü vo[eq UnAnimOUSiy LilifiArt, ^^-^-l^-¡ -i---- EO ^AOjOUfn. Respectfully Submitted: Philip E. Zegarelli Village Manager and Deputy Village Clerk 2