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Mayor & Board of Trustees

Regular Meeting

Briarcliff Manor, NY · January 7, 2020

AgendaMinutes

Minutes

Village Board of Trustees Regular Meeting January 7, 2020 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 7th of January, 2020 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 Board of Trustees Announcements  The Fire Department is seeking volunteers.  The Library is hosting a number of programs for all ages. Visit the website for more information.  The Recreation Winter Brochure is on the website.  Platform Tennis Season is underway. Permits are required.  Law Park Ice Skating Permits are available.  The 2nd Streetscape Presentation will be on Monday, January 13th at 7:00pm.  The Library Board has vacancies. Anyone interested should send a letter of interest to the Board.  The People’s Caucus has several dates throughout the month of January beginning tomorrow.  The State sent a letter regarding Route 9A giving an update on their commitments.  BZone work is progressing and the Board is awaiting a report from the consultant  The Club Field Repair has started and should be complete by the end of the month. Village Managers Report by Village Manager Zegarelli 1  The Pocantico River Bridge is open. The project Engineer will take a look at the height of the wall on the Todd Lane side.  Leaf Collection is complete.  Scarborough Station Parking Permits for 2020 are sale.  2nd half village taxes were due by December 31. Penalties now apply.  The NIXLE emergency alert system is being utilized by the Village. Village Engineers Report by Village Engineer Turiano  Scarborough Park - Will likely not need a permit to repair and stabilize the shoreline but the Village is working the DEC and Army Corps of Engineers.  Streetscape - Schematic designs will be presented at the Meeting. A base survey has been completed.  Law Park Drainage Basin – the pond dredging and base survey components are done. Upland water storage will be investigated and preliminary design will begin shortly.  Village Hall ADA – a preliminary design date will be available by the next meeting. Committee Reports  The Beautification Committee will be attending a pollinator meeting in Irvington. Their next meeting will be on February 5th.  The Recreation Advisory Committee has joined a hiking app mapping the Village trails and is looking for feedback from users. Easements are being reviewed to expand the trail system in the Village. Public Comments There were no public comments. Election Resolution for Annual Village Election 2020 Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Annual Village Election will be held in the Village of Briarcliff Manor at the Library and Community Center (1 Library Road) in said Village on Wednesday, March 18, 2020 between the hours of 6:00am and 9:00pm during which the polls will be open. BE IT FURTHER RESOLVED that the polling places for the Village of Briarcliff Manor, will be designated as follows, the Village’s Single Election District (Town Voting districts #15, #16, #17, #19, #26, #27 and #29) will vote in the Briarcliff Manor Library and Community Center (1 Library Road). Acceptance of a Donation – Capasso 2 The Board thanked the Capasso Family for their donation. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky t, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $250 from the Capasso Family for the purposes of purchasing a tree. Increase Revenue – Gifts (A0101.2705) by $250 Increase Expenses – Special Matching Expenses (A8510.420) by $250 Authorize the Village Manager to Execute a Professional Services Agreement with Chronos Communications, Inc. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute on behalf of the Village a Professional Services Agreement with Chronos Communications, Inc. to provide a portable broadcasting system in an amount not to exceed $20,000 to be charged to budget code H.1230.201.15PEG. Schedule Public Hearings: Deputy Mayor Chatzky gave a brief synopsis of the proposed changes. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the January 21, 2020 Board of Trustees meeting at 7:30pm to hear and discuss a proposed local law to repeal and replace Chapter 155 Peace and Good Order with Chapter 165 Protection of Public Property of the Code of the Village of Briarcliff Manor. BE IT RESOLVED that a Public Hearing is hereby scheduled for the January 21, 2020 Board of Trustees meeting at 7:30pm to hear and discuss a proposed local law to amend Chapter 186 Streets and Sidewalks, Article 4 of the Code of the Village of Briarcliff Manor. BE IT RESOLVED that a Public Hearing is hereby scheduled for the January 21, 2020 Board of Trustees meeting at 7:30pm to hear and discuss a 3 proposed local law to amend Chapter 220, Attachment 1, Table 1, Fences of the Code of the Village of Briarcliff Manor. Appointment of Census Committee Members Mayor Vescio appointed the following to the Census Committee: Donna Pesce Shelley Glick Rachel Leighbacher Stephanie Rossi Michael Casper Susan Cabral Sapna Kapil Jessie Swisher-Spiers Authorize VM to Execute a Professional Services Agreement with PKF O’Connor Davies, LLP and Terminate an Existing Agreement with Cooper Arias 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 directed and authorized to execute on behalf of the Village a Professional Services Agreement with PKF O’Connor Davies, LLP for Village Accounting Services in accordance with their letter of January 2, 2020. BE IT FURTHER RESOLVED that the Village Manager is hereby directed and authorized to take such actions as necessary to terminate the agreement with the existing Auditors, Cooper Arias, LLP. Minutes Tabled to the next meeting. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to adjourn the Regular Meeting at 8:28pm. The streetscape presentation is scheduled for January 13, 2020 at 7:00pm. All are encouraged to attend or submit comments by email. Respectfully Submitted By, Christine Dennett 4 Village Clerk 5

Agenda

CHAPTER 155 PEACE AND GOOD ORDER DRAFT FOR DISCUSSION ONLY UPDATED 1/3/2020 Chapter 155. Peace and Good Order In addition to the criminal penalties specified by Penal Law of the State of New York for the violations of offenses cited hereunder, the Village of Briarcliff Manor may assess civil penalties for violations related to public property as specified in this chapter. § 155-1. Definitions. For purposes of this article, all offenses may be further defined according to the Penal Law of the State of New York. A. The word "shall" as used throughout this chapter is always mandatory and is not merely directory or discretionary. B. Unless otherwise provided in this chapter or unless another meaning is plainly intended, the following definitions apply: PERSON A human being or, where appropriate, a public or private corporation, an unincorporated association, or a partnership. PUBLIC PROPERTY Any building, structure, accessory, vehicle, statue, monument, street, sidewalk, sign, tree, post, waste receptacle, electronic data or any other governmental record, and all other articles of real property owned or maintained by the Village of Briarcliff Manor. § 155-2. Offenses involving damage to and intrusion upon property. No person shall damage, break, mar, deface, graffiti, injure, relocate or remove any public property in any manner whatsoever. § 155-3. Offenses involving theft. No person shall commit burglary, theft, larceny, robbery, involving any public property, or otherwise harbor any public property in his home, in his vehicle, on otherwise in his control. § 155-4. Offenses involving arson or criminal mischief. No person shall commit arson or any other criminal mischief involving any publicly owned property. § 155-5. Offenses involving fraud or public administration. No person shall infiltrate, hijack, or otherwise interfere with any computer, electronic storage, or network involving any publicly owned or maintained property. CHAPTER 155 PEACE AND GOOD ORDER DRAFT FOR DISCUSSION ONLY UPDATED 1/3/2020 § 155-6. Reimbursement for repair or replacement. In addition to any criminal penalties, the costs and expenses of any repair or replacement advanced by the Village to restore, repair, or replace any public property affected by a violation under this chapter shall be charged to a convicted violator. § 155-7 Enforcement. This chapter may be enforced by authorized employees of the village, including, but not limited to, the Village Manager, the Building Inspector, the Superintendent of Public Works, the Superintendent of Parks and Recreation, and their respective designees, any duly appointed Code Enforcement Officers, and any member of the Police Department of the Village of Briarcliff Manor. § 155-7. Penalties for offenses. A. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York. B. In addition to criminal penalties, any person committing an offense against any provision of this chapter, upon conviction thereof, shall be subject to a civil fine of not more than $1,000 for each occurrence. Each count and conviction herein shall be a separate occurrence of a civil offense. C. Any person who is found guilty of violating any provision of this chapter may be required to perform suitable community services in addition to any penalty imposed for his or her violation as determined by any court of law. § 155-8. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in this operation to the clause, sentence, paragraph, section or part thereof directly involved in a litigation in which said judgment shall have been rendered. § 155-9. Repealer. When effective, this chapter repeals the former Chapter 155 Peace and Good Order and its predecessors, including Local Law No. 12-2003 adopted by the Board of Trustees of the Village of Briarcliff Manor on November 6, 2003. § 155-10. When effective. This chapter shall be effective immediately upon filing with the Secretary of State.

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