Mayor & Board of Trustees

Village Board of Trustees Regular Meeting November 10, 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 10th of November, 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 John Murtagh, Acting Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Pledge of Allegiance Continuation of Public Hearing - Amend Chapter 131, Wetlands Deputy Mayor Chatzky gave a brief synopsis the proposed law. Mrs. Jennifer Sendek of 199 Hirst Road stated she had concerns that the proposed language broadened the ability to build in the wetlands buffer. The Board stated that was not the intent and the language was being reviewed further. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the public hearing to November 24, 2020. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearing - Chapter 220-19 Fees 1 Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to open the Public Hearing. Deputy Mayor Chatzky gave a brief synopsis the proposed law. There were no comments. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to November 24, 2020. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearing - Chapter 186 Streets and Sidewalks, Article I Street Openings Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to open the Public Hearing. Deputy Mayor Chatzky gave a brief synopsis the proposed law. There were no comments. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to November 24, 2020. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearing - Amend Comprehensive Plan – B Zone Recommendations Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to open the Public Hearing. Deputy Mayor Chatzky gave a brief synopsis the proposed law. There were no comments. 2 Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to November 24, 2020. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements • The Board sang a rousing rendition of Happy Birthday to Werner. • There are several Recreation Programs available. Platform Tennis, a new Running Club, Geo-caching Challenge, Senior Shopping and many more. Sign up for their E-News and visit their site for more information. • The Library has many virtual programs and curbside pickup available. Visit their website for more information. • BMFD reminds everyone to change the batteries in their smoke detectors. • The pole in the middle of central drive will be removed and relocated out of the roadway. • Please support the Village’s effort to make Route 9A safer. Village Manager’s Report by Village Manager Zegarelli • Garbage and Recycling schedules shift due to Veterans Day closures. • Zoom abilities were extended by the Governor until December 3rd. • Leaf pickup is underway. Village Engineer’s Report by Village Engineer Turiano • 345 Scarborough Road is making progress in addressing their violations. • Hydrant Replacement Project will begin soon. • Village Hall ADA: Will be put out to bid on November 16th. • The Village joined an Energy Smart Home program. More details will be available. • There is an official FEMA designation for COVID and Isaisis. The Village will be submitting for reimbursement. Committee Reports Beautification Committee: • Over 400 bulbs were planting in the pocket park. Recreation Advisory Committee: • The Recreation Department did a fantastic job will all the Halloween events. 3  • The next meeting is November 18th. Public Comments There were no public comments. Declaration of Surplus Vehicles 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 declare the Village owned vehicles and equipment listed below as surplus and further authorizes their sale pursuant to a public bid. VILLAGE OF BRIARCLIFF MANOR - DPW - VEHICLES TO SURPLUS 2020 YEAR MAKE DESCRIPTION REPLACEMENT STATUS 1990 BADGER WOOD CHIPPER NO REPLACEMENT NECESSARY 1992 SULLIVAN COMPRESSOR REPLACED 2019 1982 MUSTANG ROLLER REPLACED 2019 REPLACED WITH BRINE TANK 1994 MACK BRINE TRUCK ON T-7 DUMP 2000 VAC-ALL VAC-ALL TRUCK REPLACED 2020 2003 INTERNATIONAL DUMP TRUCK REPLACED 2020 2006 INTERNATIONAL 25 YD. SANITATION TRUCK REPLACED 2019 2003 CHEVY PICK-UP TRUCK REPLACEMENT DECEMBER 2020 2006 ICE BREAKER 3CY SALT SPREADER REPLACED 2019 REPLACED 2020 WITH 2015 2010 FORD EXPLORER (BUILDING DEPT) EXPLORER REPLACED WITH 2017 2010 DODGE CHARGER (PD) EXPLORER (CAR 10) 2006 FORD RACK BODY TRUCK REPLACED 2018 2009 CHEVY TAHOE (FD) REPLACED WITH 2020 TAHOE VILLAGE OF BRIARCLIFF MANOR - DPW - VEHICLES TO SURPLUS 2021 YEAR MAKE DESCRIPTION REPLACEMENT STATUS 2003 INTERNATIONAL DUMP TRUCK REPLACEMENT DECEMBER 2020 2006 FORD MASON DUMP TRUCK REPLACED 2019 2008 FORD MASON DUMP TRUCK REPLACED 2019 2006 GMC SATELLITE GARBAGE TRUCK REPLACEMENT DECEMBER 2020 4 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Amend Master Fee Schedule 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 amend the Master Fee Schedule for the Village of Briarcliff Manor as follows: Scarborough Station Parking Permit Fees Resident Annual $600 Quarterly $185 Monthly $65 Weekly Permit $25 Non-Resident Annual $1,000 Quarterly $250 Monthly $85 Weekly $35 Film Permit Fire Services Hydrant Usage Base Rate: $200 Water Consumption Price per Cubic Foot: $1 Parades, Celebrations and Public Assemblies $50 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Police Reform and Reinvention Advisory Committee Appointments 5 Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby appoint the following Committee Members: Sergeant Linda Salov Debra Auguste Donald Borho Hasbleidy Gaenslen Rhea Mallett Reverend Kevin Veitinger Kim Izzarelli Rabbi Steven Kane Reverend Todd Farnsworth Reverend Anthony Karlik Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Authorize Village Manager to Execute an Agreements Westchester County for Police Mutual Aid 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 an Inter-municipal Agreement with Westchester County for the participation of the Village of Briarcliff Manor in the Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Mount Pleasant Fire Protection Agreements 6 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 Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Briarcliff East Fire Protection Districts in the amount of $30,720 to expire on December 31, 2020. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Northeast Briarcliff Fire Protection District in the amount of $70,399 to expire on December 31, 2020. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adoption of the Retention and Disposition Schedule for New York Local Government Records (LGS-1) Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor that the Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein. FURTHER RESOLVED, that in accordance with Article 57-A: a. only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; b. only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods. Roll Call: Trustee Hunt Aye 7 Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adoption of Amended Procurement Policy Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Board of Trustees does hereby adopt the following policy subject to non-material changes agreed upon by Village Counsel and the Village Manager: PROCUREMENT POLICY FOR THE VILLAGE BRIARCLIFF MANOR 1. Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law: purchase contracts under $20,000 (eg. Equipment, materials, supplies, etc.) and public works contracts under $35,000; emergency purchases; certain municipal hospital purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and county contracts; and surplus and second-hand purchases from another governmental entity. The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase, or any other written documentation that is appropriate. 2. All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances; 8  purchase contracts over $20,000 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped pursuant to Section 175b of the State Finance Law; goods purchased from correctional institutions pursuant to Section 186 of the Correction Law; purchases under State contracts pursuant to Section 104 of the General Municipal Law; purchases under county contracts pursuant to Section 103(3) of the General Municipal Law; or purchases pursuant to subdivision 6 of this policy. 3. The following method of purchase will be used when required by this policy in order to achieve the highest savings: Estimated Amount of Purchase Contract Method $1,500-5,000 Minimum of two verbal quotations $5,001-19,999 Minimum of three written/emailed quotations or written request for proposals Estimated Amount of Public Works Contract Method $1,500-7,500 Minimum of two verbal quotations $7,501-34,999 Minimum of three written/emailed quotations or written request for proposals A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement. 4. Documentation is required of each action taken in connection with each procurement. 5. Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible offeror. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances. 9 6. Pursuant to General Municipal Law Section 103 (16), the procurement policy authorizes the Village to purchase apparatus, materials, equipment and supplies, and to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district therein. It is incumbent on the Village Department Head requesting use of this section to ensure that the “other political subdivision or district” RFP or BID specs was properly executed and includes the “allowance of piggybacking” in their documentation. 7. Pursuant to General Municipal Law Section 104-b(2)(f), the procurement policy may contain circumstances when, or types of procurements for which, in the discretion of the Village Manager, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. In the following circumstances it may not be in the best interests of the Village of Briarcliff Manor to solicit quotations or document the basis for not accepting the lowest bid. a. Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures. In determining whether a service fits into this category the Village Manager shall take into consideration the following guidelines: (a) whether the services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to the performance of the services; and (c) whether the services require a personal relationship between the individual and municipal officials. Professional or technical services shall include but not be limited to the following: services of an attorney: services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs, or services involved in substantial modification and customizing or pre-packaged software. 10  b. Emergency purchases pursuant to Section 103(4) of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits. c. Purchases of surplus and second-hand goods from any source. If alternate proposals are required, the Village of Briarcliff Manor is precluded from purchasing surplus and second-hand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods and a lower price may indicate an older product. d. Goods or services under $1,500. The time and documentation required to purchase through this policy may be more costly than the item itself and would, therefore, not be in the best interests of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism. 8. This policy shall go into effect January 1, 1992, was amended April 7, 2010, April 9, 2014 and April 7, 2020 and will be reviewed annually. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Election Resolution for Annual Village Election 2021 Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, 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 on Tuesday, March 16, 2021 between the hours of 6:00am and 9:00pm during which the polls will be open. BE IT FURTHER RESOLVED that the following Village Offices are to be elected at the annual Village Election of March 16, 2021 for the terms as set forth herein: Office Term Mayor 2 Years 11 Trustee (2) 2 Years Village Justice 4 Years Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Appointment of Police Officer The Board welcomed Mr. Yeager to the force and stated he was well trained about would be a great asset. Upon motion by Trustee Hunt, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Ronald Yeager of Poughkeepsie, New York is hereby appointed, effective November 25, 2020, to the position of Police Officer Grade 4 to be paid at an annual salary of $91,992.15 as per the Village of Briarcliff Manor PBA Collective Bargaining Agreement salary scale effective June 1, 2020. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Schedule Public Hearing – B Zone Omnibus Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the November 24, 2020 Board of Trustees meeting at 7:30pm to hear and discuss a proposed local law amending Chapter 172, “Signs, Chapter 195 “Taxation” with regard to Article I thereof entitled “Business Investment Exemption” and Chapter 220, Zoning with regard to the establishment of the CT Zones in the Village of the Code of the Village of Briarcliff Manor. 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 12 and adjacent municipalities in accordance with New York State Law and Westchester County Administrative Code. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Amendment – Fire Department Furniture Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the budget for fiscal year 2020-2021 is hereby amended as follows: FIRE DEPARTMENT-FURNITURE Increase Expense A.3410.203 Office Furniture Purchase $9,589.88 Increase Revenue A0104.2770 Misc. Fire Dept Revenue $9,589.88 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Fire Department Membership The Board thanked Mr. Honsberger for volunteering. Upon motion by Trustee Hunt, seconded by Trustee Midgley, 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 membership of Miles Honsberger to the Briarcliff Manor Fire Company. Roll Call: Trustee Hunt Aye 13 Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to approve the minutes of October 20, 2020. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Executive Session Upon motion by Trustee Werner seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn into Executive Session to receive advice of Counsel. Adjournment The Board reconvened the regular meeting at 9:21pm. The Board wished Trustee Werner a Happy Birthday. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the Regular Meeting at 9:22pm. Respectfully Submitted By, Christine Dennett Village Clerk 14