Mayor & Board of Trustees

Village Board of Trustees Regular Meeting October 10, 2019 7:30 p.m. A 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 10th of October, 2019 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Cesare DeRose, Jr., Trustee Kevin Hunt, Trustee Edward E. Midgley, Trustee Also Present Philip Zegarelli, Village Manager Daniel Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Pledge of Allegiance Continued Public Hearing to amend the following Village Code Chapter: Chapter 161 - Property Maintenance Deputy Mayor Chatzky gave an overview of the proposed changes. The Board had general discussion regarding language for invasive species. Mr. Steve Baker of 2 Scarborough Road asked if the provision related to poison ivy was upon complaint or did it make it illegal and finable immediately. Deputy Mayor Chatzky stated the language was in place in the event it needed to be enforced but no one would go around actively looking for it. Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to close the Public Hearing. Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed Local Law to amend Chapter 161 - Property Maintenance of the Code of the Village of Briarcliff Manor to is hereby adopted. 1 Continued Public Hearing to Amend the Following Village Code Chapters: Chapter 220-8 - Tennis Courts; Chapter 220-9 - Swimming Pools; Chapter 220-17G Zoning Board of Appeals Notifications and Chapter 45-1 and Chapter 45-2 Planning Board Notifications and to add the following new Chapter 126 – Fireworks Deputy Mayor Chatzky gave a brief overview of the proposed amendments. The Board had general discussion related to the proposed changes. Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to close the Public Hearing. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed Local Law to amend the following Village Code Chapters: Chapter 220-8 - Tennis Courts; Chapter 220-9 - Swimming Pools; Chapter 220-17G Zoning Board of Appeals Notifications and Chapter 45-1 and Chapter 45-2 Planning Board Notifications and to add the following new Chapter 126 – Fireworks of the Code of the Village of Briarcliff Manor to is hereby adopted. Continued Public Hearing to amend Chapter 146 – Noise of the Village Code Deputy Mayor Chatzky gave a brief overview of the proposed amendments. The Board had general discussion regarding commercial construction. Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to adjourn the Public Hearing to October 22, 2019 at 7:30pm. Board of Trustees Announcements  October is Fire Prevention Awareness Month. The Fire Department wants everyone to be prepared and have an exit plan. Please consider joining the Fire and/or Ambulance Department.  October is Library Card sign up month. They’re hosting a number of programs for all ages. Visit the website for more information.  The Recreation Fall Brochure is posted on the website.  Platform Tennis Season is underway. Permits are required.  Window Painting will be on October 19th.  The Ragamuffin Parade will be on October 26th.  Happy Birthday to Mayor Vescio!  Visit and support the Historical Society. 2   The Caucus will hold an informational meeting on October 15 th at 8pm in the Youth Center. Village Managers Report by Village Manager Zegarelli  The Village was recently upgraded to a AAA Bond rating from Standard and Poor.  Refinancing the debt is saving the tax payers over $430,000.  Pleasantville Road will be shut down on October 15th overnight. The Pocantico River Bridge should be fully open by Thanksgiving.  Law Park Pond Dredging is nearly complete. The material will dry out over the winter and will be moved. It’s the first step in the Law Park Drainage Basin Project.  The moving of the waterline by wall at CSI has gotten the go ahead from the Department of Health.  There will be a Con Ed meeting tomorrow at 8am in the downtown.  Lawn Sprinklers should be winterized to avoid major water loss.  The Do Not Solicit List is available through the website.  Scarborough Park Update: o A wetlands expert was hired. o A plan is being drafted. o The FEMA permit is being prepared. o Thanks to Krista Mastrocola for her help. o The project involves the coordination of many agencies.  A timeline is being put together for the Village Hall ADA project.  Paving has been completed in the Village.  There will be a Streetscape presentation on October 29th. Mayor Vescio requested Committees and Boards be invited to attend.  Committee reports were requested from the Beautification Committee and the Recreation Advisory Committee for the October 22nd meeting.  Phase 5 Water Utility Project – change in scope of work. The Board requested a memo for the next meeting. Public Comments Mr. Ray Cottrell of 27 Fountain Road stated lived there for 22 years and his comments were regarding the Cardinal McCloskey proposal for 11 Fountain Road. He stated it was a small street with only 9 homes and a group home would be largely out of character and there was a major intersection with a ton of speeding nearby. He stated he didn’t oppose group homes but there were others within a quarter of a mile. He asked the Board to look into alternatives that were better suited. Mr. Arthur Weinfeld of 44 Fountain Road stated he lived there for 35 years and it was a street with all single family homes and 11 Fountain Road had limited 3 parking, was right at the beginning of the circle and was where the school bus stop was located. He stated he strongly objected to the proposal. Village Attorney Pozin explained the application and the process for objecting. He noted that residents were welcome to write letters to the State on their own behalf. Mr. Steve Baker of 2 Scarborough Road asked if residents and their caretakers were considered in the occupancy count. The Board had general discussion regarding occupancy standards. Mr. Matt Wilson of 39 Fountain Road asked what assurance they had that the charter wouldn’t change to a half-way house or something else. Village Attorney Pozin stated the Applicant would have to notify the Village and it would be subject to the same process. Legislative Update: B Zone  Past studies, documents and other data has been shared with Pat Cleary.  There will be a presentation at the October 22nd meeting.  The traffic study is underway and a preliminary report will be sent to the Village shortly after the data collection is complete. The study is of six key intersections in the BZone.  The Comprehensive Plan will be reviewed.  The Board will review any laws that need to be revised. Call for Public Support for Route 9A Repairs Mayor Vescio stated Route 9A was main artery and really important for the Village. He gave a history of the roadway and historical data related to accidents and incidents. He thanked all residents and local Officials that submitted letters and emails in support of the Village’s endeavor to make the roadway safer. He gave an overview of the next steps and requested further support to continue to raise awareness and stated there was a “one click” email message ready to go on the Village’s website. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Mayor and Board of Trustees of the Village of Briarcliff Manor, in our capacity to represent the best interests of all the residents of the community, and protect the non-residents who pass through our community, do hereby formally request officials from New York State and the County of 4 Westchester address and remedy unsafe conditions on the portion of New York State Route 9A within the Village of Briarcliff Manor. FURTHER RESOLVED that the Mayor and Board of Trustees of the Village of Briarcliff Manor, through earlier mailings and emails, have documented the dangerous conditions and design defects of Route 9A, which have led to loss of life, damage to property, and a strain on municipal emergency services. This Board mourns those who have lost their lives or have been seriously injured traveling this dangerous stretch of roadway. FURTHER RESOLVED that the Mayor and Board of Trustees hereby issues this official resolution to the Governor of the State of New York, the Commissioner of the New York State Department of Transportation and the Westchester County Executive as further evidence of this Community’s concern and steadfast determination to improve these defective conditions. We strongly express our continuing alarm with the obsolete design and ongoing deterioration of Route 9A, together with the concomitant accidents and tragedies arising therefrom. FURTHER RESOLVED that this Mayor and Board of Trustees does hereby urge and formally request that immediate plans be made to design, cause to execute safety enhancements, and effect appropriate travelling conditions on Route 9A and that priority be given for immediate, determined action. Addition of Parcels to Sewer Districts Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: A. WHEREAS, on May 21, 2001, the Westchester County Board of Legislators adopted legislation to modify the Ossining and Saw Mill Sanitary Sewer Districts by removing a total of 332 parcels of property not currently connected to the County sewer system and treated at the County operated wastewater treatment plants; and WHEREAS, the property at 64 Old Sleepy Hollow Road, identified on the Village Tax Maps as Section 105, Plate 13, Block 1, Lot 64 ("Property"), was removed from the Ossining Sanitary Sewer District; and WHEREAS, the owner of the Property asked the Board of Trustees to request the Westchester County Board of Legislations to extend the Ossining Sanitary Sewer District to add the Property, but not adjacent property, to that sewer district; and NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the Village Engineer to submit a request to the Westchester County Board of Legislators for the addition of the Property into the Ossining Sanitary Sewer District. 5 B. WHEREAS, on May 21, 2001, the Westchester County Board of Legislators adopted legislation to modify the Ossining and Saw Mill Sanitary Sewer Districts by removing a total of 332 parcels of property not currently connected to the County sewer system and treated at the County operated wastewater treatment plants; and WHEREAS, the property at 131 Cedar Drive East, identified on the Village Tax Maps as Section 105, Plate 11, Block 1, Lot 33 ("Property"), was removed from the Ossining Sanitary Sewer District; and WHEREAS, the owner of the Property asked the Board of Trustees to request the Westchester County Board of Legislations to extend the Ossining Sanitary Sewer District to add the Property, but not adjacent property, to that sewer district; and NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the Village Engineer to submit a request to the Westchester County Board of Legislators for the addition of the Property into the Ossining Sanitary Sewer District. C. WHEREAS, on May 21, 2001, the Westchester County Board of Legislators adopted legislation to modify the Ossining and Saw Mill Sanitary Sewer Districts by removing a total of 332 parcels of property not currently connected to the County sewer system and treated at the County operated wastewater treatment plants; and WHEREAS, the property at 190 Long Hill Road, identified on the Village Tax Maps as Section 105, Plate 7, Block 2, Lot 19 ("Property"), was removed from the Ossining Sanitary Sewer District; and WHEREAS, the owner of the Property asked the Board of Trustees to request the Westchester County Board of Legislations to extend the Ossining Sanitary Sewer District to add the Property, but not adjacent property, to that sewer district; and NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the Village Engineer to submit a request to the Westchester County Board of Legislators for the addition of the Property into the Ossining Sanitary Sewer District. D. WHEREAS, on May 21, 2001, the Westchester County Board of Legislators adopted legislation to modify the Ossining and Saw Mill Sanitary Sewer Districts by removing a total of 332 parcels of property not currently connected to the County sewer system and treated at the County operated wastewater treatment plants; and 6 WHEREAS, the property at 22 Cedar Drive East, identified on the Village Tax Maps as Section 105, Plate 7, Block 2, Lot 19.1 ("Property"), was removed from the Ossining Sanitary Sewer District; and WHEREAS, the owner of the Property asked the Board of Trustees to request the Westchester County Board of Legislations to extend the Ossining Sanitary Sewer District to add the Property, but not adjacent property, to that sewer district; and NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the Village Engineer to submit a request to the Westchester County Board of Legislators for the addition of the Property into the Ossining Sanitary Sewer District. E. WHEREAS, on May 21, 2001, the Westchester County Board of Legislators adopted legislation to modify the Ossining and Saw Mill Sanitary Sewer Districts by removing a total of 332 parcels of property not currently connected to the County sewer system and treated at the County operated wastewater treatment plants; and WHEREAS, the property at 45 Chappaqua Road, identified on the Village Tax Maps as Section 90, Plate 17, Block 1, Lot 20 ("Property"), was removed from the Saw Mill Sanitary Sewer District; and WHEREAS, the owner of the Property asked the Board of Trustees to request the Westchester County Board of Legislations to extend the Saw Mill Sanitary Sewer District to add the Property, but not adjacent property, to that sewer district; and NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the Village Engineer to submit a request to the Westchester County Board of Legislators for the addition of the Property into the Saw Mill Sanitary Sewer District. Authorize Village Manager Execute a NYSDOT Snow and Ice Agreement – 2019-2024 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with the New York State Department of Transportation for the Indexed Lump Sum Municipal Snow and Ice Agreement for the period from July 1, 2019 through June 30, 2024. Amend Master Fee Schedule 7 Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby amend the Master Fee Schedule for the Village of Briarcliff Manor as follows: Filming and Photography Type I Permit $500 Per Day Filming and Photography Type II Permit $1,500 Per Day Filming and Photography Type III Permit $3,000 Per Day Land Use Application Notification Signs $40 Schedule a Public Hearing to Amend Chapter 220-9 – Regulation of Solar Energy Collectors Upon motion by Trustee DeRose, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the November 5, 2019 Board of Trustees meeting at 7:30pm to hear and discuss a proposed local law to amend Chapter 220-9 – Regulation of Solar Energy Collectors of the Code of the Village of Briarcliff Manor. Acceptance of Gift – Japanese Stone Kasuga Lantern The Board thanked the Sundberg/Sears Family for their donation and thanked DPW for their efforts to move it. Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: WHEREAS Susan Sears and her husband, Greg Sundberg have donated one of the original Japanese style “Kasuga” Lanterns secured by William Walter Law and of which only a few remain; and WHEREAS this mid-19th century granite stone lantern depicts a deer and other deities on its Hibukuro as well as several, separate nature-motifs measuring approximately 93” in height of which the original sections possess important local historic provenance; and WHEREAS with the announced intention of Susan Sears and Greg Sundberg being longtime residents of many years to gift one of the few remaining lanterns to the Village to be placed in a significant public location for the public to admire; 8 NOW, THEREFORE BE IT RESOLVED that the Mayor and Board of Trustees graciously thanks and accepts the Sears/Sundberg gifting of this William Walter Law acquisition of a Japanese style Kasuga Lantern with great thanks, admiration and thoughtfulness to the residents of the Village of Briarcliff Manor; BE IT FURTHER RESOLVED upon analysis and determination of value, the Village Manager shall issue a certificate in the name of Susan Sears and Greg Sundberg evidencing the magnitude of their donation in the amount of $16,250.00. Resolution to Accrue Salaries Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: RESOLUTION to acknowledge Village of Briarcliff Manor employee salary accruals associated with Village’s Fiscal Year of twenty-seven (27), bi-monthly Fiscal Year 27 pay periods. WHEREAS, the June 7, 2019 payroll will include ten (10) days earned as of May 31, 2019; and WHEREAS, the Village has traditionally paid twenty-six (26), bi-weekly payrolls in its fiscal year; and WHEREAS, the ten (10) days earned in the month of May 2018 will cause a twenty-seventh payroll charged to the Village’s current 2018/2019 fiscal year, and WHEREAS, the current, approved fiscal year budget provides for existing funds within already budgeted expenditures to cover the cost of this payroll anomaly. NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees authorizes and directs the Village Treasurer to provide for the accrual of ten (10) days of the June 7, 2019 payroll as of May 31, 2019; and BE IT FURTHER RESOLVED that in order to preclude future similar pay cycle issues from happening again, the Village Manager will negotiate a semi-monthly, twenty-four (24) payroll period for future years. Minutes The Board requested the County be given a written notice for the deficiencies in the sidewalks along Pleasantville Road. Upon motion by Trustee Midgley, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the minutes of September 24, 2019 as amended. 9 Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to adjourn the Regular Meeting at 9:35pm. Respectfully Submitted By, Christine Dennett Village Clerk 10