Mayor & Board of Trustees

Village Board of Trustees Regular Meeting August 18, 2020 7:30 p.m. A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held remotely via Zoom on the 18th of August, 2020 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Edward E. Midgley, Trustee Sabine Werner, Trustee Also Present Daniel Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Kathryn Nivins, Village Treasurer Absent Philip Zegarelli, Village Manager Pledge of Allegiance Amend Chapter 220-2, Zoning Definitions Amend Chapter 220-3, Zoning Districts and Maps Amend Chapter 220-4 Schedule Controlling Lands and Buildings Amend Chapter 220-5, Planned Office and Laboratory B District Amend Chapter 220-6, Special Permit Uses Amend Chapter 220 to add a new section 9.4 entitled “Wireless Telecommunication Services Facilities” Amend Chapter 220, Table 3, Permitted Principal and Accessory Uses (Commercial) Amend Chapter 220, Table 4, Permitted Lot Sizes, Setbacks, Height Requirements (Commercial) Amend Chapter 195, Taxation Amend the Comprehensive Plan related to the BZone The Board opened all ten hearings together. The Board shared a video explaining the BZone changes and gave an overview of the proposed legislation. 1 Mr. Jonathan Grebow, owner of 345 Scarborough Road, thanked the Board for continuing to hold meetings and giving voices to people. He requested input regarding the letters he submitted from the Board and the Public and stated commercial uses would create more traffic. Mr. Kapil Singh of 22 Cedar Drive East stated he proposed a new commercial use by installing technology incubators. The Board requested further information and said it was an interesting concept. Mr. James Schwab of 410 Scarborough Road stated the Board was very forward thinking to not develop the properties in a vacuum. He stated 345 Scarborough Road was in utter disrepair and they should be a better neighbor. Mr. Daniel Levine of 293 Scarborough Road stated 345 Scarborough Road needed to maintain their property and asked the status. Village Engineer Turiano stated a site inspection was done and a summons was issued. Mr. Roger Battacharia of 16 Holbrook Lane stated he’s made several calls to the Police Department and there was a party going on right now at 345 Scarborough Road. He further stated there were a number of companies looking to leave the city and there was an opportunity for the Village to capitalize on that. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the public hearings to September 1, 2020 at 7:30pm. Public Hearings a. Amend Chapter 220, Table 1, Permitted Principal and Accessory Uses b. Amend Chapter 220, Table 5, Exceptions and Modifications c. Amend Chapter 172, Signs The Board opened all three hearings together. Deputy Mayor Chatzky gave an overview of the proposed legislation. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the public hearings to September 1, 2020 at 7:30pm. Board of Trustees Announcements  The pool is still open through September 7th.  There will be a park and view movie at Law Park on August 28th. Tickets are available for purchase.  Community Day will be held on September 12th. Details will follow. 2   The Library has many virtual programs and curbside pickup available. Visit their website for more information.  The Fire Department gave tips on home sprinklers.  Sergeant Matthew Doherty retired at 27 years with the Village. The Board thanked him for his dedicated service.  Senators Carlucci and Harkham are cosponsoring Senate Bill 8795 for a study to improve the Route 9A Corridor. Support is requested by residents and link is on the Village website.  The Board thanked Village Staff and the Fire and Ambulance Departments for all the hard work they’ve been doing and keeping the Village fully operational throughout the pandemic and most recently during the storm.  The Board and Village Staff are working to ensure stability with the wireless service throughout the Village.  The Architectural Review Advisory Committee has vacancies. Please send letters of interest to BOT@briarcliffmanor.org. Village Manager’s Report by Village Manager Zegarelli  Storm cleanup continues. Power and cable restoration is mostly complete. Reimbursements for lost food can be submitted to Con Edison directly.  Village Hall has reopened with a greeter. CDC regulations are being adhered to.  There was a water main break on Chappaqua Road.  There is a 78.77% Census response rate.  The Work Session is canceled for next week. Village Engineer’s Report by Village Engineer Turiano  Streetscape: 50% design drawings after Labor Day.  Village Hall ADA: 2020 start and will take approximately six months.  Wells Fargo is looking to do site upgrades and will discuss streetscape plans.  DPW Garage: Work is going smoothly. The Board requested a report of service outages from the last 15 years from Con Edison. Committee Reports Beautification Committee:  Working on Capital Projects and plantings in various locations. Recreation Advisory Committee:  The concert was a big success.  There will be a Harry Potter themed costume contest at the Park and View movie event. Public Comments 3 Mr. Roger Battacharia of 16 Holbrook Lane stated there were several wires down on Old Briarcliff Road as a result of the storm and there was runoff coming from the road impacting his property. He further stated speeding was a concern as well. Village Engineer Turiano stated he would take a look. Ms. Natasha Paulmeno of Tuttle Road stated there were trees leaning over the sidewalk on Elm Road causing pedestrian traffic issues. Mrs. Larissa Paulmeno of Tuttle Road asked what was going on at the Pace property because she saw lights on at night. Village Manager Zegarelli stated there was a caretaker on the site and there had been water leaks that needed repair. Mrs. Paulmeno stated Village Manager Zegarelli couldn’t retire and would be missed. BZone SEQRA Designation Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, is considering amendments to Chapter 200 – Zoning, and the Official Zoning Map (herein after referred to as the “Applicant”); and WHEREAS, the amendments would affect 5 underutilized or vacant office park sites, identified as 345 Scarborough Road, 600 Albany Post Road, 320 Old Briarcliff Road, 555 Pleasantville Road and 333 Albany Post Road (hereinafter referred to as the “CT Parcels”); and WHEREAS, the CT parcels are currently zoned B – Planning Office Building and Laboratory and BT – Business Transitional; and WHEREAS, the proposed zoning amendments would rezone the 5 properties from B and BT to CT-1 through CT-5 – Complimentary Use Transition, and incorporate an array of additional permissible uses and modified bulk and area zoning dimensional regulations, all designed to better reflect site constraints, market conditions and neighborhood context (hereinafter referred to as the “Project”); and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (2) the Project is classified as a Type I Action; and 4 WHEREAS, in accordance with the provisions of 6NYCRR Part 617.6 (b), the Board of Trustees of the Village of Briarcliff Manor intends to serve as Lead Agency for the SEQR Review of this Unlisted Action, and in this capacity, will determine if the proposed action will have a significant effect on the environment; and WHEREAS, pursuant to the requirements of 6 NYCRR Part 617.6 (b) (3) a Coordinated Review of this action will be conducted. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby designates its intention to serve as Lead Agency for the SEQRA Coordinated Review of this Type I Action; and BE IT FURTHER RESOLVED, that this Lead Agency Notice, along with the Environmental Assessment Form, shall be circulated to all Involved Agencies. Involved Agencies shall be given 30 days from the mailing of the Lead Agency Notice to challenge this designation. BE IT FURTHER RESOLVED, that this resolution shall have an effective date of August 18, 2020. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Trustee Werner Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Transfers – FY 2019-2020 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers for FY 2019-2020: 5  INSURANCE RECOVERY FUNDS 19-20 Budget Amendments Insurance Recovery Current Current New Budget Action Account Type GL Code Description Budget Budget Balance Amount Amount Increase Revenue A0101.2680 Insurance Recovery-Prop. Dmg 16,000.00 31,373.05 47,373.05 Increase Expense A1989.425 Insurance Recovery-Expense 6,000.00 41,346.39 47,346.39 Increase Revenue A0101.2680.ComSt Insurance Recovery-Comfort Station - 16,347.20 16,347.20 Increase Expense A1989.425.ComSt Insurance Recovery-Expense Comf Station - 16,347.20 16,347.20 Increase Revenue F0101.2680 Insurance Recovery-Prop. Dmg - Water Fund 10,0553.08* 2,709.16 13,262.24 Increase Expense F1989.425 Insurance Recovery-Expense- Water Fund - 2,709.16 2,709.16 *Expense for $10k is Hydrants appears in the F8340.420 - awaiting invoice and want all expenses to hit this line. COVID REIMBURSEMENT 19-20 Budget Amendments COVID Current Action Account Type GL Code Description Budget (+/- Change) Final Balance Amount Increase Revenue A0101.4560.COVID FEMA-COVID 2020 - 31,875.03 31,875.03 Increase Expense A1490.400.COVID Public Works DPW Admin-Other Expenses-COVID 19 - 16,120.77 16,120.77 Increase Expense A1620.102.COVID Buildings General -Personal Services: OT-COVID - 9,329.75 9,329.75 Increase Expense A1620.498.COVID Buildings General -MTA Tax -COVID - 31.72 31.72 Increase Expense A1620.850.COVID Buildings General -Social Security-COVID 19 - 706.21 706.21 Police Department General-Personal Services: Increase Expense A3120.102.COVID Overtime - 1,137.20 1,137.20 Increase Expense A3120.850.COVID Police Department General-Social Security - 87.00 87.00 Increase Expense A3120.400.COVID Police Department General-Motorcycle Equipment - 850.22 850.22 Increase Expense A3410.400.COVID Fire Protection General-Uniforms - 1,529.31 1,529.31 Increase Expense A4540.400.COVID Ambulance General-Uniforms - 2,082.85 2,082.85 Increase Revenue F0101.4560.COVID FEMA-COVID 2020 - 1,479.89 1,479.89 Increase Expense F8310.400.COVID Water Administration -Other Expenses-COVID - 1,479.89 1,479.89 Increase Revenue L0108.4560.COVID FEMA-COVID 2020 - 410.00 410.00 Increase Expense L7410.400.COVID Public Library -Other Expenses-Credit Card Fee - 410.00 410.00 General Fund (A) 6  BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2019-20 Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Central Data Processing Refund Of Real Property Tax- General-Data Support A1964.423 Refund Of Real Property Tax $ 66,054.35 A1680.460 Contract $ 13,108.00 Unallocated Insurance Village Treasurer -Personal General -Unallocated A1325.103 Services: Part-time $ 7,884.16 A1910.426 Insurance $ 12,897.53 Fire Protection General-Town A3410.464 Protection 209-D $ 47,932.98 $ 73,938.51 $ 73,938.51 Water Fund (F) BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2019-20 Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Source of Contractual Services Supply,Power,Pumping- F1420.460 Water-Legal Services $ 10,309.02 F8320.451 Water Purchases $ 64,640.42 Buildings Water -Building Tri Village Cooperative- F1620.439 Improvements $ 2,519.00 F8350.400 Fees/Permits $ 17,651.88 Municipal Association Dues-Municipal Assoc. F1920.468 Dues $ 371.10 Taxes And Assessments On Prop-Taxes And F1950.422 Assessments On Prop $ 4,155.11 Contingent Account Water- F1990.499 Contingent Account $ 24,716.28 Sanitary Sewers General- F8120.201 Equipment $ 15,438.00 Sanitary Sewers General- F8120.440 Utilities-Electricity $ 861.94 Sanitary Sewers General- F8120.460 Contractual Services $ 2,509.38 Water Fund (F) continued 7  Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Water Administration - Personal Services: Part- F8310.103 time $ 1,794.92 Water Administration - Personal Services: F8310.106 Longevity $ 173.75 Water Administration - Personal Services: Cell F8310.115 Phone $ 520.00 Water Administration - Gen Repair And F8310.211 Maintenance $ 211.00 Water Administration - Office Equipment - F8310.231 Leased $ 208.80 Water Administration - Software Maintenance & F8310.407 Support $ 745.78 Water Administration - F8310.436 Computer Connectivity $ 1,197.15 Water Administration - F8310.460 Contractual Services $ 2,574.94 Water Administration - Travel/Mileage F8310.476 Reimbursement $ 733.71 Water Administration - Professional F8310.477 Development $ 258.50 Water Administration - F8310.494 Training Expenses $ 1,564.49 Water Administration -Life F8310.830 Insurance $ 2,270.82 Water Administration - WorkersCompAssessme F8310.891 nt $ 108.04 Water Administration - Employee Assistance F8310.895 Program $ 40.85 8 Water Fund (F) continued Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Source of Supply,Power,Pumping- F8320.440 Utilities-Electricity $ 732.38 Source of Supply,Power,Pumping- F8320.450 Telephone $ 1,206.22 Source of Supply,Power,Pumping- F8320.450 Telephone $ 306.00 Source of Supply,Power,Pumping- F8320.455 Pump Station Chemicals $ 25.00 Source of Supply,Power,Pumping- F8320.460 Contractual Services $ 637.12 Other Water -Medicare F9060.805 Reimbursement $ 4,390.00 Water-Transfer To Debt F9901.940 Service Fund $ 1,713.00 $ 82,292.30 $ 82,292.30 Roll Call: Trustee Hunt Aye Trustee Midgley Aye Trustee Werner Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Fire Department Memberships The Board thanked the new members for volunteering and stated joining the Fire and Ambulance Departments was a rewarding way to give back to the community. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: 9 BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Mason Kleiner to the Briarcliff Manor Fire Company. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Katherine Mangialardi to the Scarborough Engine Company. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Emily Rubino to the Scarborough Engine Company. Declaration of Official Intent to Reimburse Certain Expenditures from Proceeds of Indebtedness/Capital Projects 2020/2021 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: WHEREAS, the Village of Briarcliff Manor, County of Westchester, State of New York (the “Issuer”) intends to finance certain projects as further described in Exhibit A attached (collectively, the “Projects”); WHEREAS, the Issuer expects to pay certain expenditures (the “Reimbursement Expenditures”) in connection with the Projects prior to the issuance of indebtedness for the purpose of financing costs associated with the Projects on a long-term basis; WHEREAS, the Issuer reasonably expects that debt obligations in an amount not expected to exceed $5,930,954 will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and WHEREAS, Section 1.150-2 of the Treasury Regulations requires the Issuer to declare its reasonable official intent to reimburse prior expenditures for the Projects with proceeds of a subsequent borrowing; NOW, THEREFORE, the Issuer declares: Section 1. The Issuer finds and determines that the foregoing recitals are true and correct. Section 2. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the Projects. 10 Section 3. The Issuer hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures. Section 4. This declaration shall take effect from and after its adoption. The undersigned, Clerk of the Issuer, hereby certifies that the foregoing is a full, true and correct copy of the declaration of the Board of said Issuer duly made at a meeting thereof held on the date specified below, and that said declaration has not been amended, modified or revoked by said Board. VILLAGE CLERK Date: August 18, 2020 Exhibit A 11  2020/21 Capital Dept. Purpose Comments Plan unborrowed totals Turnout Gear + Flack Ambulance Replacements 10,000 Jackets BVP Ambulance Total 10,000 Portable Lift $40k- Inspection DPW-Equipment Garage Equipment 50,000 Machine-$10k Sweeper Repl. 2006 250,000 DPW-Equipment Total 300,000 Various projects throughout the DPW-Infrastructure Annual Landscaping 20,000 Village Building Improvements Rehab Scarborough Post office-Study 25,000 Con Ed Pole-Central Underground Conduit - need cost 10,000 Avenue estimate for relocation Law Park Drainage Basin Revised Phase II 1,725,000 Law Park Lot Correct traffic pattern, traffic island 35,000 Final Phases to replace old Street Lights 82,500 residential lights (10-12 Per year) Streetscape-Design Construction Costs 887,500 changes Phase II and III DPW-Infrastructure Total 2,785,000 DPW-Vehicles 10 Wheel Dump Truck Replace just body on 2006 20,000 6 Yard Sanitation Truck Repl. 2006/2017/2019(2) 110,000 Repl. 2008 - 8 Year Replacement Mason Dump Truck 90,000 Cycle DPW-Vehicles Total 220,000 Server Replacements- Recreation Facilities IT Replacement Needs to be addressed as per 14,000 Sullivan Data aging schedule. New IT Space Networking Wireless IT- Village Hall - New IT and Cabling Infrastructure - ($150k) + Space, Networking In-house DPW Work for Room 150,000 Wireless Cabling Infrastructure Project Enclosure, Electrical Install and HVAC ($25k) Facilities Total 164,000 Fire Fire Hose Replace (blank) 10,000 Repair Overhang @ HQ Related to Village Hall ADA upgrades 6,000 Replace Fire Chief Vehicle Vehicle Year 2013 78,030 Current condition is dangerous, as Replace Rescue Truck 1998 per FD. Truck goes out on every 950,000 accident. 1 year lead time on build. Shed for HQ (blank) 10,000 Turnout Gear Approximately 14 Sets of Gear 62,424 Fire Total 1,116,454 12  Exhibit A (cont’) 2020/21 Capital Dept. Purpose Comments Plan unborrowed totals Replace Ballfield Backstop/Safety Parks Chilmark Park Upgrades Fencing (Est $75k) - Fountain Work 80,000 (Est $5k) Park and Recreation Jackson Rd Park Playground 130,000 Improvements Equipment Various Park Renovation Various upgrades for Village Parks 100,000 Starting funds for Trail Heads and Walking Trail Garbage Cans, Dog Waste signs and 20,000 bags Parks Total 330,000 Need to replace (5) rifles-unable to Police Equipment 17,500 train without upgraded equipment Was originally approved in the 19/20 Capital budget for $45k which was Replacement Chief Car too low. Need to request new 65,000 approval in 20/21 Budget for correct amount Police Total 82,500 Farm Road Water Tank Water Inspection, Divers, Design 50,000 Painting Hydrant Replacement Replacement Program 153,000 Snow Flags (Qty 600 - $30 each Hydrant Equipment for FD =$18,000) Replaced 100 storz 20,000 Markouts adapters in red hydrants (100*$210) - Project Split over two year 65%/35% Positioning for Potential Infrastructure Stimulus Funding from Federal and/or NYS State- Ready for Transite Pipe Replacement Construction-Original approval to be 700,000 funded out of Water Fund Balance however request change to resolution to borrow funds Water Total 923,000 2020-21 Capital Plan Unborrowed Totals 5,930,954 Schedule a Public Hearing to Hear and Discuss a Proposed Local Law Imposing a Temporary Moratorium on the Acceptance, Processing and Approval of Applications in the Planned Office Building and Laboratory B District and Business Transitional BT District (The “B” Zone) of the Village of Briarcliff Manor 13 Upon motion by Trustee Werner, 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 September 1, 2020 at 7:30pm Board of Trustees meeting to hear and discuss a proposed local law Imposing a Temporary Moratorium on the Acceptance, Processing and Approval of Applications in the Planned Office Building and Laboratory B District and Business Transitional BT District (The “B” Zone) of the Village of Briarcliff Manor. Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the minutes of August 4, 2020. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the Regular Meeting at 9:40pm. Respectfully Submitted By, Christine Dennett Village Clerk 14