Mayor & Board of Trustees

Village Board of Trustees Regular Meeting October 22, 2019 7:30 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 22nd 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 Edward Ritter, Village Treasurer Pledge of Allegiance Continued Public Hearing to amend Chapter 146 – Noise of the Village Code Deputy Mayor Chatzky gave a synopsis of the proposed changes. Upon motion by Trustee DeRose, seconded by Trustee Hunt, the Board voted unanimously to close the Public Hearing and keep the record open for written comments until close of business on November 5, 2019. Public Hearing to Repeal and Replace Chapter 179 with Chapter 125 Garbage and Recycling Deputy Mayor Chatzky gave a synopsis of the proposed changes. Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to adjourn the Public Hearing to November 5, 2019. Board of Trustees Announcements • The Fire and Ambulance Departments are seeking volunteers to join their organization. 1  • The Library and Community Center has several upcoming programs and events. Please visit their website for further information. • The Ragamuffin Parade will be on October 26th. • The platform tennis courts will be resurfaced and ready for October 26th. • Harvestfest sponsored by the Chamber of Commerce will be on October 26th. • The Harlem Magic Masters will be at the High School on November 8th at 7pm. • The traffic study is underway. • There will be a Streetscape Presentation on October 29th. • Thank you to all the residents that submitted emails and letters of support regarding the condition of Route 9A. • There was a walk through the business district with Con Ed. Village Managers Report by Village Manager Zegarelli • The Pocantico River Bridge is progressing with a targeted Thanksgiving completion. • Law Park Pond Dredging is complete. • The UV Delaware Connection is ready to go and waiting on other agencies. • Residents should make sure their sprinkler systems are winterized to avoid leaks. • The Do Not Solicit List has been very well received. • Ed Ritter is leaving the Village to work in New Rochelle. • The Club has its first occupants and the TCO for Building D has been received. They are filing to amend their Site Plan to move the Cell Tree. • Residents can register their security cameras with the Police Department. • The Mayor proposed an amnesty period to return any of the stolen street signs and requested the fine be increased to $1,000. The Board will review Chapter 155. • A Landscaper will visit Law Park to give suggestions for plantings. Committee Reports • Trustee Midgley gave a summary of the Recreation Advisory Committee 6 month report. • Mayor Vescio gave a summary of the Beautification Committee Report. The Board thanked the Committees for volunteering their time and efforts. Public Comments There were no public comments. Legislative Update: B Zone – Presentation by Patrick Cleary 2 Mr. Patrick Cleary gave a presentation on the B/BT Zones. The Board had general discussion and asked various questions related to the presentation. Annual Audit Report for FY 2018-2019 – Cooper Arias, LLP Mr. Andrew Arias from Cooper Arias, LLP reviewed the Audit Report for FY2018- 2019 for the Village and the Justice Court. The Board thanked him for his presentation. Discussion/Action Item - Proposed Community Residential Facility at 11 Fountain Road in the Village of Briarcliff Manor, N.Y. per Mental Hygiene Law §41.34(c)(2) Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees hereby authorize Village Counsel to prepare a letter on behalf of the Village to be signed by the Mayor to send to the State of NY Department of Mental Health. Appointment of Interim Village Treasurer Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Robin L. Rizzo is hereby appointed to the position of Village Treasurer and Receiver of Taxes on an interim basis effective October 25, 2019 to fill the unexpired term of Edward Ritter at the rate of $80 per hour. Acceptance of the Resignation of Zach Giampa from the Recreation Advisory Committee Upon motion by Trustee Hunt, seconded by Trustee DeRose, with a no vote from Deputy Mayor Chatzky, the Board voted to approve the following resolution: BE IT RESOLVED that the Board of Trustees hereby accept the resignation of Zach Giampa from the Recreation Advisory Committee. Board Appointment to the Recreation Advisory Committee Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 3 BE IT RESOLVED that the Board of Trustees hereby appoint Brian Harkins to the Recreation Advisory Committee to fill the unexpired term of Zach Giampa subject to residency verification. Declaration of Emergency – Water Distribution Main Replacement Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: WHEREAS, on or about 17 October 2019, water service for 8 residences on Farm Road and Macy Road was interrupted due to unauthorized, private service work of a home residence where no plumbing permit or “code 53” designation was requested damaging a municipal water main, resulting in the VBM’s obligation to shut down residential and fire water service in the immediate area; and WHEREAS, this particular isolated, segment of water main consists of a composite of asbestos and cement, commonly known as Transite pipe. The VBM planned for its replacement with plans prepared by the Village’s Consulting Engineers, Cronin Engineering, PE, PC in January 2019 and only recently approved by the Westchester County Department of Health (WCDOH) on 2 October 2019; and WHEREAS, the VBM Mayor and Board of Trustees (M/BOT) were immediately notified of such damage and it was thereafter determined that a focused series of affirmative VBM actions were required to protect the health and safety of those residents adversely affected by this event; and WHEREAS, the Village Manager issued an Emergency Order to expedite the following actions in full consultation and approval with the WCDOH: authorize and hand deliver a “boil notice” advisory with a series of health driven restrictions; enable the VBM to accelerate a temporary replacement of fresh water by hiring an outside vendor to provide water by bypassing the compromised pipe; and call for a permanent replacement of this pipe through competitive bidding on an expedited basis; and WHEREAS, the VBM provided bottled water during the event and all actions and plans have been approved by the WCDOH leading to the WCDOH cancelling the Boil Notice on 21 October 2019; and WHEREAS, the VBM having accelerated the full replacement of compromised Transite pipe by issuing a bid specification on 18 October 2019, returnable at Village Hall on 24 October 2019, the cost of which is to be expensed through available funding in the Village’s Water Fund surplus; and, WHEREAS, the Village Manager and Superintendent of Public Works, pursuant to their reports and discussions have recommended that the Board of Trustees 4 adopt an Emergency Declaration to expedite the necessary work in order to restore as soon as practical the continued and safe transmission of potable water to our residents and businesses and for the requisite demands for fire protection; NOW THEREFORE, BE IT RESOLVED, by the Briarcliff Manor Village Board of Trustees that the damage to the segment of Transite Pipe noted above and the potential jeopardy of the health and safety of our residents, constitutes an emergency under General Municipal Law Section 103(4); and BE IT FURTHER RESOLVED, that the Village Manager is hereby authorized to engage the Superintendent of Public Works to expedite the work necessary to repair and replace the damaged water main as soon as practical; and BE IT FURTHER RESOLVED, that the Village Manager and Superintendent of Public Works shall take such further action as necessary to effectuate the said emergency work on an expedited basis. Schedule a Public Hearing: Abandonment of Sewer Easement at 270-278 River Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees hereby schedule a Public Hearing at 7:30pm on November 5, 2019 at the William J. Vescio Community Center to discuss the abandonment of a sewer easement at 270-278 River Road. Adjournment There will be a Special Meeting at 7:00pm on October 29, 2019 with a Streetscape Presentation following at 7:30pm in the William J. Vescio Community Center. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the Regular Meeting at 9:32pm. Respectfully Submitted By, Christine Dennett Village Clerk 5