Mayor & Board of Trustees

Village Board of Trustees Regular Meeting October 6, 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 6th of October, 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 Philip Zegarelli, Village Manager Daniel Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer 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 Amend Chapter 220, Table 1, Permitted Principal and Accessory Uses Amend Chapter 220, Table 5, Exceptions and Modifications Amend Chapter 172, Signs The Board opened all thirteen hearings together. Deputy Mayor Chatzky gave a synopsis of the proposed legislation. Ms. Anna-Lisa Corrales of 45 Becker Lane asked questions on table 4 and for clarification on mixed use development and hotel options. 1 Dr. Philip Raclyn of 309 Scarborough Road asked for a recap of the laws and what the next steps would be. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Public Hearings for the following items are hereby closed. a) Amend Chapter 220-2, Zoning Definitions b) Amend Chapter 220-3, Zoning Districts and Maps c) Amend Chapter 220-4 Schedule Controlling Lands and Buildings d) Replace Chapter 220-5, Planned Office and Laboratory B District e) Amend Chapter 220-6, Special Permit Uses f) Amend Chapter 220 to add a new section 9.4 entitled “Wireless Telecommunication Services Facilities” g) Amend Chapter 220, Table 1, Permitted Principal and Accessory Uses h) Amend Chapter 220, Table 3, Permitted Principal and Accessory Uses (Commercial) i) Amend Chapter 220, Table 4, Permitted Lot Sizes, Setbacks, Height Requirements (Commercial) j) Amend Chapter 220, Table 5, Exceptions and Modifications k) Amend Chapter 172, Signs l) Amend Chapter 195, Taxation m) Amend the Comprehensive Plan related to the BZone Public Hearings Deputy Mayor Chatzky gave a brief synopsis of each proposed law. Amend Chapter 207-8, U-Turns Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to open the public hearing. There were no public comments. Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to close the public hearing. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed local law to amend Chapter 207-8 “U- turns” of the Code of the Village of Briarcliff Manor is hereby adopted. 2 Amend Chapter 207-32, Parking at the Scarborough Station Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Mr. Jeb Weisman of 285 Scarborough Road thanked the Board for giving flexibility to the permits and for thinking of the residents. Upon motion by Deputy Mayor Chatzky seconded by Trustee Werner, 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 Chapter 207-32 “Parking at Scarborough Station” of the Code of the Village of Briarcliff Manor is hereby adopted. Amend Chapter 131, Wetlands Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to open the public hearing. Mrs. Jennifer Sendek of 199 Hirst Road stated she was the co-chair of the Briarcliff Sustainability Committee and applauded the Board for their environmental efforts and stated the wetlands needed protection. Mr. Thomas Gowan of 33 Sleepy Hollow Road stated he lived adjacent to wetlands and suggested an advisory committee to review the legislation and solicit input so there were no unintended consequences. Mrs. Rhea Mallett of 57 Old Sleepy Hollow Road stated she was struck by the Board’s hard work and dedication and was thrilled the intent of the law was to maintain the wetlands and the beautiful natural resources in the Village. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the public hearing to October 20, 2020. Chapter 164, Public Assemblies, Parades and Celebrations Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to open the public hearing. There were no public comments. Upon motion by Trustee Werner, seconded by Trustee Midgley, the Board voted unanimously to adjourn the public hearing to October 20, 2020. 3 Board of Trustees Announcements • October 17th – Window Painting. • October 24th – Scarecrow Making • October 31st – Trunk or Treat • Enjoy the cold weather sport of Platform Tennis. Permits are needed. • The Library has many virtual programs and curbside pickup available. Visit their website for more information. • The Board sent their condolences to the Wolf family for the recent passing of George Wolf who was a 68 year member of the Fire Department and a founding member of the Scarborough Engine Company. • Resident Thomas Leihbacher has authored a book “A Gift Most Rare”. Village Manager’s Report by Village Manager Zegarelli • Village Offices are closed on Monday, October 12th. • There is an 81.4% Census response rate. • Paving began on October 5th. • Residents are reminded to winterize their sprinklers. Village Engineer’s Report by Village Engineer Turiano • 345 Scarborough Road is scheduled to be in court tomorrow. • Shaft 6 is being decommissioned and will potentially be converted into a comfort station. • Heat Smart Westchester has selected the Village to be a part of their program. • Streetscape: The Beautification committee is giving input. • Village Hall ADA: Will be put out to bid shortly with a minor change in scope. Committee Reports Beautification Committee: • They gave a Pollinator Pathway Presentation during the work session. Recreation Advisory Committee: • New Running Club is underway. • Recreation has launched the Geocaching Challenge – a new, self-directed activity that can be enjoyed by residents of all ages. • Several Halloween events scheduled and pre-registration is required. Public Comments Mr. Roger Battacharia of 16 Holbrook Road stated there was a fire at 345 Scarborough Road which could have easily spread. He stated there were many concerns about the state of the property. Mr. Jeb Weisman of 285 Scarborough Road thanked the Fire Department for their quick response to the fire. 4 Mr. Michael Mezzacappa of 43 Shadowbrook Lane offered to allow the installation of cameras on his property to monitor 345 Scarborough Road. Mr. Daniel Levine of 293 Scarborough Road stated he agreed with his neighbors and 345 Scarborough Road was a safety issue and needed to be maintained. Authorize Village Manager to Execute Agreement with the Town of Ossining for Fire Protection Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: Whereas, recognizing the shortage of available volunteer fire department personnel due to the onset of World War II and on or about March of 1942, the TOS contracted with the VBM for such fire protection, said delineation of TOS parcels becoming what is commonly designated as TOS FD-20; and Whereas, The VBMFD continues faithfully to provide expert, professional fire services not only to the residents of VBM but those within TOS FD-20 having served since 1942 to the present without interruption, challenge or problem; and Whereas, by mutual agreement between TOS and VBM in November 2017, the VBM redefined the parameters, terms and conditions and costing formula effective for TOS's 2018 calendar year becoming the basis for all subsequent annual contractual agreements since; and Whereas, upon discussions between the TOS and VBM and notwithstanding the existing formula currently in place, an agreement had been mutually reached to adjust the approved 2019 costs of service at $155,428.99 for the 2020 calendar by a 3.00% ($4,662,87) increase for a total contractual amount of $160,091,86; and Whereas, this contract shall be in effect for the 2020 calendar year and both the TOS and the VBM agree to revise, refine and adjust the formula for any future years on a mutual basis and that the VBMFD Chief has indicated his support for this contract extension, Now Therefore, Be It Resolved by the VBM Board of Trustees that: all revised terms and conditions of the 2020 contract between the TOS and VBM are hereby approved and remain in effect; that the Village Manager and Village Counsel are authorized to make non material changes by joint agreement; that the VBMFD membership are to approve same, that the Village Manager is hereby authorized to execute such contracts; and that this Resolution shall take effect immediately with the effective date to be 1 January 2020. Budget Transfers 5  Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, 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: Budget Department/Account Amount Budget Department/Account Code Description From Code Description Amount To Police Department Street Maintenance General-Retirement & Water-Retirement & A3120.840 Pension $38,615.00 A5110.840 Pension $51,039.00 Safety Inspection Bond Anticipation Notes General-Personal General-BAN Interest A3620.103 Services: Part-time $12,424.00 A9730.720 Exp $36,644.59 Snow Removal General- Personal Services: Bond Anticipation Notes A5142.102 Overtime $45,213.00 A9730.620 General-BAN - Principal $281,935.00 Community Beautification Executive General -Prior A8510.496 -Trees $20,250.00 A1230.490 Year Miscellaneous $16,022.26 Central Data Processing General-Equipment A1680.203 Purchase $13,046.31 Buildings General - A1620.439 Building Improvements $26,385.12 A1990.499 Contingent Account $147,232.28 Street Maintenance Water-Personal Services: A5110.101 Full-time $27,575.60 Interfund Transfers General-Transfer To A9901.930 Public Library $34,752.90 Installment Purchase Debt-Principal on A9785.600 Indebtedness $2,993.06 Interfund Transfers General-Transfer To Debt A9901.940 Service Fund $17,153.58 $ 385,640.85 $385,640.85 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: 6 Village of Briarcliff Manor Close Capital Projects 10/6/2020 Capital Projects Bond, BAN and Appropriation Funding completed and transfer to Debt Service Fund Project Code Amt Total Close and transfer available funds to Debt Service - General Fund Lewiston Pump SSES Bond 2011 H8120.201.11476 1,204.66 Sewer Wilderness Bond 2014 H8120.201.16720 781.36 Transfer to debt Service H9901.940 1,986.02 Transfer In Debt Service V0102.5034 1,986.02 Project Code Amt Total Close and transfer available funds to Debt Service -Water Fund General Contractor -Full Water (Jett) H8397.201.10PGC 55,610.68 Wilderness/Lewis Upgrades H8397.201.15580 390.15 Club Phase 1 Utility Bond H8397 201 27,112.23 PPVM3 Club Ph 2 Wter PumpStat-LEGAL H8397 201 146,120.39 PPVM4 Club Phase 3 -13 -14 Bond H8397 201 35,550.54 PPVM5 Club Phase 4 Sewer H8397 201 18,090.34 PPVM6 Transfer to debt Service H9901.940 282,874.33 Transfer In Debt Service V0102.5034 282,874.33 Project Code Amt Total Close and transfer available funds to Debt Service - General Fund Fire Truck H3410.201.18214 32,119.65 Transfer to debt Service H9901.940 32,119.65 Transfer In Debt Service V0102.5034 32,119.65 7 Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the minutes of September 1, 2020 and September 22, 2020. Executive Session Upon motion by Trustee Hunt, seconded by Trustee Werner, the Board voted unanimously to adjourn into Executive Session to discuss legal and personnel matters. Adjournment The Board reconvened the regular meeting at 11:08pm. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the Regular Meeting at 11:08pm. Respectfully Submitted By, Christine Dennett Village Clerk 8