Mayor & Board of Trustees

Village Board of Trustees Regular Meeting October 20, 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 20th 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 Continuation of Public Hearings Deputy Mayor Chatzky gave a brief synopsis of each proposed law. Amend Chapter 131, Wetlands There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the public hearing to November 10, 2020. Chapter 164, Public Assemblies, Parades and Celebrations There were no public comments. 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 Hunt, the Board voted unanimously to approve the following resolution: 1 BE IT RESOLVED that the proposed local law to add a new Chapter 164 “Public Assemblies, Celebrations and Parades” of the Code of the Village of Briarcliff Manor is hereby adopted. Board of Trustees Announcements • The Library has many virtual programs and curbside pickup available. Visit their website for more information. • Window Painting was a big success! Kudos to the Recreation Department and staffing for keeping some sense of normalcy. • Early voting begins October 24th. Village Manager’s Report by Village Manager Zegarelli • Thank you to the Census Committee and all those that the responded. The Village came in 4th place Countywide with an 81.6% Census response rate. • Paving began on October 5th and is nearly complete. • The Village received an award from NYCOM for the UV Connection Project. Village Engineer’s Report by Village Engineer Turiano • Hydrant Replacement Project will begin soon. • Epoxy Striping will begin soon and is nighttime work. • Village Hall ADA: Will be put out to bid shortly. • 27 Building Permits were issued in September. Committee Reports Beautification Committee: • No report. Recreation Advisory Committee: • Several Halloween events scheduled and pre-registration is required. • October 24th – Scarecrow Making • October 31st – Trunk or Treat • The next meeting is October 21st. Public Comments There were no public comments. Budget Transfer - Non-Union Salary Adjustments Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: 2 BE IT RESOLVED that the Board of Trustees hereby authorizes and directs the Village Treasurer to implement a 2.5% salary increase retroactive to June 1, 2020 for non-union administrative staff with the exception of; eligible appointed employees retroactive to April 1, 2020 to be aligned with their appointment date and administrative staff with separate agreements in accordance with the approved Fiscal Year 2020-2021 Budget. BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize all budget transfers necessary related to the Non-Union Salary Adjustments. BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2020-21 Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Contingent Account General - Village Justice -Personal A1990.499 Contingent Account $ 28,138.21 A1110.101 Services: Full-time $ 1,995.15 A1110.850 Village Justice -Social Security $ 152.63 Executive General -Personal A1230.101 Services: Full-time $ 1,595.12 Executive General -Social A1230.850 Security $ 122.03 Village Treasurer -Personal A1325.101 Services: Full-time $ 2,019.73 A1325.850 Village Treasurer -Social Security $ 154.51 Village Clerk-Personal Services: A1410.101 Full-time $ 2,632.16 A1410.850 Village Clerk-Social Security $ 201.37 Village Engineer -Personal A1440.101 Services: Full-time $ 838.70 A1440.850 Village Engineer -Social Security $ 64.16 Authorize Village Manager to Execute Agreements NYSDOT Snow and Ice Agreement Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 3 BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an adjustment to the 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 for the 2020-2021 season. Westchester County Snow and Ice Agreement Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Snow and Ice Agreement with Westchester County for the removal of snow and ice for a period of five years from October 1, 2020 through September 30, 2025. Fire Department Memberships Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Ian Horowitz 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 Aliyah Sutton to the Briarcliff Manor Hook and Ladder Company. Schedule Public Hearings: Chapter 220-19 Fees Chapter 186 Streets and Sidewalks, Article I Street Openings Amend Comprehensive Plan – B Zone Recommendations Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: a. BE IT RESOLVED that a Public Hearing is hereby scheduled for the November 10, 2020 Board of Trustees meeting at 7:30pm to hear and discuss a proposed local law to amend Chapter 220-19 “Fees” of the Code of the Village of Briarcliff Manor. b. BE IT RESOLVED that a Public Hearing is hereby scheduled for the November 10, 2020 Board of Trustees meeting at 7:30pm to hear and discuss a proposed local law to amend Chapter 186 “Streets and Sidewalks”, Article I “Street Openings” of the Code of the Village of Briarcliff Manor. 4  c. BE IT RESOLVED that a Public Hearing is scheduled for the November 10, 2020 Board of Trustees meeting at 7:30pm to hear and discuss proposed amendments to the Village of Briarcliff Manor Comprehensive Plan as set forth in Draft Comprehensive Plan B Zone Recommendations, and be it further RESOLVED, that the proposed amendments are referred to the Village of Briarcliff Manor Planning Board for review and comment in accordance with New York State Law and the Village Code and to Westchester County Planning Board and adjacent municipalities in accordance with New York State Law and Westchester County Administrative Code. Police Reform and Reinvention Advisory Committee Creation and Appointments Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby establish the Village of Briarcliff Manor Police Reform and Reinvention Advisory Committee pursuant to Governor Andrew Cuomo’s Executive Order Number 203 which states: “Each local government entity which has a police agency operating with police officers as defined under 1.20 of the criminal procedure law must perform a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color. Each chief executive of such local government shall convene the head of the local police agency, and stakeholders in the community to develop such plan, which shall consider evidence-based policing strategies, including but not limited to, use of force policies, procedural justice; any studies addressing systemic racial bias or racial justice in policing; implicit bias awareness training; de- escalation training and practices; law enforcement assisted diversion programs; restorative justice practices; community-based outreach and conflict resolution; problem-oriented policing; hot spots policing; focused deterrence; crime prevention through environmental design; violence prevention and reduction interventions; model policies and guidelines promulgated by the New York State Municipal Police Training Council; and standards promulgated by the New York State Law Enforcement Accreditation Program. The political subdivision, in coordination with its police agency, must consult with stakeholders, including but not limited to membership and leadership of the local 5 police force; members of the community, with emphasis in areas with high numbers of police and community interactions; interested non-profit and faith- based community groups; the local office of the district attorney; the local public defender; and local elected officials, and create a plan to adopt and implement the recommendations resulting from its review and consultation, including any modifications, modernizations, and innovations to its policing deployments, strategies, policies, procedures, and practices, tailored to the specific needs of the community and general promotion of improved police agency and community relationships based on trust, fairness, accountability, and transparency, and which seek to reduce any racial disparities in policing. Such plan shall be offered for public comment to all citizens in the locality, and after consideration of such comments, shall be presented to the local legislative body in such political subdivision, which shall ratify or adopt such plan by local law or resolution, as appropriate, no later than April 1, 2021” BE IT FURTHER RESOLVED that the following members are hereby appointed: Chief Donald Gorey Lieutenant Dominick Bueti Village Manager Philip Zegarelli Mayor Steven Vescio BE IT FURTHER RESOLVED that the following Policy and Procedures were re- adopted at the Annual Organizational Meeting on April 7, 2020 and are in place for the committees to adhere to: Policies and Procedures for Advisory and Ad-hoc Committees Formation of new committees: • A title and mission statement will be developed for any proposed committee and formally approved and established by the Board of Trustees. • Such committees are constituted by, serve at the pleasure of, and report to the Board of Trustees. • The formation of any new committee will be announced in a public meeting, the newsletter and posted on the web and scroll. • Committees’ information, findings, conclusions and recommendations where requested, will be considered advisory rather than binding by the Board of Trustees. The Board of Trustees at all times retains its rights to exercise final decisions in the governance of the Village. 6 Composition: • Committee membership will be limited to a workable odd number. • One member will be a representative from the Board of Trustees. The Mayor shall be an ex officio member of all committees with the right to make motions, speak and vote, and when present shall be counted in determining a quorum. • Membership on committees will be representative of the community. • Village residents, village business people, village property owners, and residents of the 10510 zip code may serve on ad hoc committees. • The BOT shall appoint a new member within one month to fill the unexpired term of a committee member. Operations: • Quorum: A quorum of any committee is a simple majority of the members appointed. A quorum must be present to conduct business. • Structure: All committees will have a chair, vice-chair and secretary who will be responsible for meeting minutes. Committee members’ names and village-generated e-mail addresses will be posted on the web. • Attendance and Participation: The obligation is to attend committee meetings. Any member who is absent for three consecutive meetings, without providing reasonable cause to the Chair, will be deemed to have resigned. Committees are working committees; all members are expected to be prepared for the meeting and participate actively. Meetings: • Committee meetings will start promptly at the time for which they were called. • A committee will strive for consensus. If it cannot achieve consensus, it shall act by a simple majority of the members. • All deliberations will be conducted in an open, respectful and inclusive manner. 7  • Meeting Notification: Advance notice, including an agenda, will be given for all meetings. Notices about committee work will be posted on the web site. • Meeting Minutes: Written minutes will be taken at all committee meetings. Minutes may follow a standard template including the time, date and location of meeting, who attended, the topic of discussion, and any action taken. • Non-members may submit their views and comments on committee activities via e-mail or written correspondence. Committees will not be required to respond to public comments. • Discharge: Members may be discharged from a committee by the Board of Trustees as a result of the village’s conflict of interest policy, lack of attendance, misconduct or resignation. • Reports and Public Statements: An annual report from the committee shall be submitted to the BOT by the end of February. Any committee report, including summary recommendations and the annual report, is to be presented first to the BOT prior to public presentation of same. • Volunteerism: Committee members shall serve without remuneration, but will be reimbursed for “out of pocket” expenses incurred in performing their duties. These expenses must be preauthorized by the Village Manager or designate. Village staff will provide committees with such public information, clerical assistance and other help as necessary for them to conduct their work. • Draft Documents: Draft documents, including minutes and all committee reports, are confidential until formally approved by a majority of the committee. No draft documents should be retained in committee files. Public distribution of draft documents or any committee report prior to adoption by the committee shall be grounds for dismissal. Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the minutes of October 6, 2020. Executive Session Upon motion by Trustee Werner seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn into Executive Session to discuss litigation, contractual and personnel matters. Adjournment 8 The Board reconvened the regular meeting at 9:34pm. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the Regular Meeting at 9:35pm. Respectfully Submitted By, Christine Dennett Village Clerk 9