Mayor & Board of Trustees

Village Board of Trustees Regular Meeting January 19, 2021 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 19th of January, 2021 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 Dan Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Pledge of Allegiance Presentation by Girl Scout Troop 2409 The 6th grade Troop led by Alexis Costanzo gave a presentation on sidewalk improvements in the Village. The Board thanked them for their hard work and stated the recent amendments to Chapter 186 were a result of their efforts. Continuation of Public Hearing - Chapter 131, Freshwater Wetlands, New Chapter 218, Wetlands Deputy Mayor Chatzky gave a brief synopsis the proposed changes. Ms. Jennifer Sendek of 199 Hirst Road thanked the Board for putting in so much time and supported their efforts and asked for clarification on what Chapter 218, section 7A-12 meant. Deputy Mayor Chatzky stated that section was a carry-over and was likely being removed or changed. 1 Mr. Steven Kavee of Ingham Road recommended all wetlands be included in the legislation, with a more defined definition to allow for greater protection. Mr. Thomas Gowan of 33 Sleepy Hollow Road thanked the Board for addressing his concerns and suggested they be sensitive to treating all wetlands the same. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the Public Hearing to February 2, 2021. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements • The Library has many virtual programs and curbside pickup available. Visit their website for more information. They will be doing a survey to see what services residents are interested in. • The BMFD offered tips for using lithium ion batteries safely. • There are several Recreation Programs available. Platform Tennis, a Running Club, Geo-caching Challenge, Senior Shopping and many more. Sign up for their E-News and visit their site for more information. • Assistance is being offered to seniors in getting their COVID vaccine. Call Stephanie at the Recreation Department for information. 914-941-6560. • There is a continued call for support for Route 9A safety. Village Manager’s Report by Village Manager Zegarelli • The next Police Reform Committee meeting is scheduled for January 25th with a public forum on January 23rd. A survey is available on the website or for drop off at various locations. • The People’s Caucus will hold their Q & A meeting on January 20th via Zoom. • The Village is number 35 in the County for COVID cases. Please continue to practice all safety measures. • Chilmark Park cleanup is underway. • Court is fully remote. Village Engineer’s Report by Village Engineer Turiano • There was a large turnout for the Tuttle Road Rehabilitation Project. A recommendation for award will be on the next meeting. • The Village Hall ADA Project is being reviewed. 2  • The Streetscape Project will be put out to bid in February. • There will be a presentation about the Cross Access Easement in the Central Business District at the next Work Session. Police Outreach Report by Lieutenant Bueti • A package was stolen off a front porch. Residents are encouraged to sign up for delivery notifications or install video camera doorbell systems. Committee Reports Beautification Committee: • They are working on a spring planting plan for Chilmark Park. • Bulbs were planted at the Pocket Park and will be quite the display. Recreation Advisory Committee: • No report. Library Board: • No report. Public Comments There were no public comments. Resolution Establishing Referendum to Amend Fire Department Service Award Program Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: WHEREAS, voters of the Village of Briarcliff Manor approved a proposition to establish a Service Award Program for the Briarcliff Manor Fire Department effective January 1, 1993, in accordance with General Municipal Law Article 11- A; and WHEREAS, the original Service Award Program approved by the voters provided for a $480 service award contribution to be made by the Village to the account of a participating volunteer firefighter that earned a year of service credit under the point system during the calendar year; and WHEREAS, voters of the Village of Briarcliff Manor approved a proposition to amend the Service Award Program effective January 1, 2006 to increase the service award contribution from $480 to $600 for the 2006 calendar year, and then from $600 to $700 for calendar years after 2006, which at the time was the 3 maximum service award contribution authorized in General Municipal Law Article 11-A; and WHEREAS, General Municipal Law Article 11-A was amended by Chapter 474 of the laws of 2019 to increase the maximum allowable service award contribution from $700 to $1,200; and WHEREAS, General Municipal Law Article 11-A authorizes the Village of Briarcliff Manor Board of Trustees to seek voter approval of amendments to the Service Award Program; and WHEREAS, the Board of Trustees desires to amend the Service Award Program benefits to active volunteer firefighters of the Briarcliff Manor Fire Department to help the Village recruit and retain active volunteer firefighters. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES IN THE VILLAGE OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, AND STATE OF NEW YORK, BY FAVORABLE VOTE OF NOT LESS THAN SIXTY PERCENT OF THE MEMBERS OF SAID BOARD, AS FOLLOWS: (a) The Village of Briarcliff Manor shall conduct a mandatory referendum in accordance with Article 11-A of the General Municipal Law, to determine whether the Board of Trustees shall amend the Village of Briarcliff Manor Fire Department Defined Contribution Service Award Program as set forth below, effective as of January 1, 2022, to increase the amount credited to the Service Award Program account balance of an eligible volunteer firefighter from $700 to $1,200 for each calendar year beginning on or after January 1, 2022 in which such volunteer earns a year of service credit under the point system. Section 2. In accordance with Article 11-A of the New York State General Municipal Law, the Village confirms that: (a) The current cost of funding the Village of Briarcliff Manor Service Award Program for current participating firefighters is $49,000, which represents $700 per participating firefighter that earns service credit, plus the cost of administration of approximately $5,000. If voters approve this amendment, the total annual cost of funding the amended program for current firefighters is estimated to be $84,000, which represents $1,200 per participating firefighter that earns service credit, plus the cost of administration of approximately $5,000. (b) The Village of Briarcliff Manor Service Award Program is a defined contribution program as described in General Municipal Law Section 218. 4  Section 3. All other provisions of the Village of Briarcliff Manor Service Award Program which required voter approval shall not change and the program shall continue to be administered by the Village of Briarcliff Manor Board of Trustees in accordance with General Municipal Law Article 11-A as such law is amended from time to time. Section 4. A Referendum shall be at the Annual Village Election to be held on March 16, 2021, with one combined polling place at the following location commencing at 6:00 AM, and the polls shall remain open until 9:00 PM: William J. Vescio Community Center located at 1 Library Road Section 5. The vote upon the Referendum to be submitted to the qualified voters shall be on ballot, and the Village Clerk will have the necessary ballots prepared for use. Section 6. The Village Clerk is authorized and directed to give notice of said Referendum by causing a notice in substantially the form set forth in Section 7 hereof to be: (a) Published within 10 days after the adoption of the resolution of approval by the Board of Trustees in The Gazette or Journal News which are both newspapers having a general circulation within the Village and designated as the official newspaper of the Village for such publication. (b) Posted in six (6) conspicuous public places in the Village within 10 days after the adoption of the resolution of approval by the Board of Trustees and that a copy of such notice be posted at the polling place. Section 7. The language on the ballot shall be as follows: Shall the Village of Briarcliff Manor Defined Contribution Service Award Program, adopted and administered by the Village of Briarcliff Manor, in which service award contributions are credited to the Service Award Program account of participating volunteer firefighters who earn service credit each calendar year under the Point System, be amended to increase the service award contribution from $700 to $1,200 for each calendar year beginning on or after January 1, 2022? The last increase in the service award contribution occurred effective with the 2007 calendar year, and there are approximately 70 participating volunteer firefighters earning service credit each calendar year. Based on these current participating volunteer firefighters, the current annual cost of funding the current Service Award Program is $49,000, which represents $700 per participating firefighter that earns service credit, plus the cost of administration of approximately $5,000. The annual cost of funding the amended program for current firefighters is estimated to be $84,000, which represents $1,200 per 5 participating firefighter that earns service credit, plus the cost of administration of approximately $5,000. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Schedule Public Hearing - Special Use Permit Amendment – Sleepy Hollow Country Club Mr. Paul Brock, General Manager of Sleepy Hollow Country Club stated the improvements would help them to be ADA compliant. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 1. Referral to the Planning Board BE IT RESOLVED that the request for the amendment of a Special Use Permit issued to the Sleepy Hollow Country Club located at 777 Albany Post Road is hereby directed to the Planning Board for review and recommendation. 2. Schedule Public Hearing BE IT RESOLVED that a Public Hearing is hereby scheduled for February 16, 2021 at 7:30pm or soon thereafter via Zoom to hear and consider an application to amend a Special Use Permit issued to Sleepy Hollow Country Club. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Tax Certiorari – Scarborough Station Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: 6  WHEREAS, David Swope/Estate of David A. Swope. (Scarborough Station Rd Parcel ID 104.07-1-43), instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2016-2018; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2017-2018, 2018-2019 and 2019-2020; and WHEREAS, an Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on August 25, 2020; WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2020-2021; NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund for Fiscal Years 2017-2018, 2018-2019 and 2019-2020 totaling $836.52 charged to A1964.423 based upon assessment values reduced in accordance with the Consent Judgment. Assessment Parcel ID Assessed Value New Assessment Original Tax Reduced Tax Refund Year Assessed Reduction Amount Amount Value 2016 104.07-1-43 $467,500 $415,000 $52,500 $2,585.28 $2,294.95 $290.33 2017 104.07-1-43 $472,200 $420,000 $52,200 $2,594.74 $2,307.90 $286.84 2018 104.07-1-43 $476,900 $430,000 $46,900 $2,637.29 $2,377.93 $259.36 TOTAL $836.52 A1964.423 Budget $100,000.00 Prior Refunds ($90,333.58) Balance $9,666.42 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Fire Department Membership – O’Neill The Board thanked Mr. O’Neill for volunteering. 7 Upon motion by Trustee Hunt, seconded by Trustee Werner, 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 Declan O’Neill to the Scarborough Engine Company. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Amend Meeting Rules and Procedures Upon motion by Trustee Werner, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Board of Trustees does hereby adopt the following policy as amended: VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES RULES OF PROCEDURE Pursuant to New York Village Law §4-412(2), but subject to the other provisions of New York Law and the Village of Briarcliff Manor Code, the following rules of procedure are adopted and shall govern the meetings of the Board of Trustees of the Village of Briarcliff Manor: PART A: MEETINGS SECTION A1 - Regular Meetings The Board of Trustees generally will hold regular meetings on the 1st and 3rd Tuesday of each month. Such regular meetings shall commence at 7:30PM and be conducted in the William J. Vescio Community Center. Any deviation from this schedule shall be determined by the Board of Trustees. 8 SECTION A2 - Special Meetings Special Meetings of the Board of Trustees are all those Board meetings other than regular meetings. A special meeting may be called by the Mayor or a majority of the Board of Trustees upon notice to the entire Board. Notice shall be given in accordance with law. SECTION A3 - Executive Sessions Executive Sessions shall be held in accordance with the New York State Public Officers Law §105. All executive sessions shall be commenced in a public meeting. (Appendix I Executive Session Policy) SECTION A4 – Work Sessions Work Sessions of the Board of Trustees are those Board meetings scheduled to discuss upcoming agenda items or other matters as may be determined by the Mayor or three (3) members a of the Board. These meeting are open to the public, however comments from the public will be allowed in the discretion of the Mayor or a majority of the Board present. A Work Session will precede the regularly scheduled meetings beginning at 6:30pm and an additional Work Session will be held as necessary on the 4th Tuesday of every month at 6:30pm. Notice shall be given in accordance with law. PART B: POLICIES SECTION B1 - Quorum A quorum of the Board of Trustees shall be required to conduct business. A quorum of the five (5) member Board shall be three (3). In the absence of a quorum, a lesser number may adjourn and compel the attendance of absent members. SECTION B2 - Voting Pursuant to Village Law each member of the Board of Trustees shall have one vote. The Mayor may vote on any matter and must vote in case of a tie. The affirmative vote of three (3) members of the Board is necessary to pass a matter unless otherwise specified by New York State Law. 9 A vote upon any question shall be taken by ayes and nays and shall be entered in the minutes. SECTION B3 - Agendas The agenda shall be prepared by the Village Clerk by Friday preceding the Tuesday meeting. The Mayor or any Trustee may have an item placed on the agenda by giving the same to the Village Manager the Friday morning before the Tuesday meeting. However, an item may be placed on the agenda at anytime, including during the meeting, by consent of a majority of the Board. If necessary, a supplemental agenda shall be distributed at the beginning of the meeting. SECTION B4 - Order of Business The order of business shall be:  Call to order  Pledge of Allegiance  Public Hearings  Board of Trustees Announcements  Village Manager’s Report and Updates  Public Comments  Resolutions  Approval of Minutes  Adjournment The order of business need not be followed if the Mayor determines that it is appropriate to deviate. SECTION B5 - Adjournment Meetings shall be adjourned by motion and majority vote. SECTION B6 - Minutes Minutes at all Board of Trustee meetings shall be the responsibility of the Village Clerk, who with Board of Trustee approval may employ the services of a person to take minutes. Minutes of an open meeting shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. Minutes of an executive session shall be taken of any action that 10 is taken by formal vote and shall consist of a record or summary of the final determination of such action and the vote thereon; provided, however, that such summary need not include any matter which is not required to be made public by the New York State Freedom of Information Law. Minutes shall also include the following:  Name of the Board;  Date, place and time of meeting;  Notation of presence or absence of Board members and time of arrival or departure if different from time of call to order and adjournment.  Name and title of other village officials and employees present in an official capacity.  Record of communications presented to the Board.  Record of reports made by Board or other village personnel.  Time of adjournment.  Name of Village Clerk or person who took the minutes. Minutes need not contain a summary of the discussion leading to action taken or include verbatim comments unless a majority of the Board resolves to have the Clerk do so. Minutes shall be considered for approval at the next Board meeting after the minutes are received by the Village Clerk. PART C: RULES AND PROCEDURES SECTION C1 - General Rules of Procedure The Mayor shall preside at meetings of the Board of Trustees. In the Mayor’s absence the Deputy Mayor shall preside. The presiding officer may debate, move and take other action that may be taken by other members of the Board. Board members are not required to rise but must be recognized by the presiding officer before making motions and speaking. A member, once recognized, shall not be interrupted when speaking unless it is to call the member to order. If a member, while speaking, be called to order, he or she shall cease speaking until the question of order is determined, and, if in order, he or she shall be permitted to proceed. There is no limit to the number of times a member may speak on a question. 11 Motion to close or limit debate may be entertained but shall require the affirmative vote of three (3) members of the Board. Procedural questions which are not governed by New York State law or the Village Code or addressed in these Rules of Procedure shall be determined in accordance with Robert’s Rules of Order. SECTION C2 - Guidelines for Public Comment The public shall be allowed to speak only during Public Hearings, Public Comment periods, on Board of Trustees agenda items, or such other times as the presiding officer shall allow. Speakers must be recognized by the presiding officer. Speakers must step to the front of the room and speak into the microphone or at the lectern should one be provided. Speakers are not to approach the dais without invitation and are directed to make their remarks from the microphone or lectern. Speakers must give their name, address and organization represented, if any. No items or documents may be placed on the dais or presented to the Board unless either authorization is requested and granted by the presiding officer or a Board member specifically requests to see an item. All items for presentation that are granted authorization or requested by a Board member shall be presented to the Village Clerk who shall pass it the Board. There shall be no time limit for remarks during a public hearing, however, remarks must relate directly to the public hearing topic. During the Public Comment portion of the agenda, speakers must limit their remarks to four (4) minutes and may be recognized again by the presiding officer after other speakers have had an opportunity to speak. On Board of Trustees agenda items, speakers must limit their remarks to one and one-half (1 ½) minutes and the remarks must relate directly to the specific agenda item under discussion at that time by the Board of Trustees. Speakers may not yield any remaining time they may have to another speaker. Board members may, with the permission of the presiding officer, interrupt a speaker during the speaker’s remarks, but only for the purpose of clarification or information. 12 All remarks shall be addressed to the presiding officer. Board members may respond to questions or comments at their discretion. Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and good taste and shall not use foul language, display unacceptable behavior, or be disruptive of the proceedings. A buzzer or other alarm will sound to indicate that a speaker’s four (4) minute time limit for Public Comment or one and one half (1 ½) minute time limit for an agenda item has been reached. Upon being notified by the presiding officer that his or her time limit has been reached, a speaker shall cease speaking, leave the microphone or lectern, if one is provided, and return to his or her seat unless a Board member requests him or her to remain to address a question of the Board member. Interested parties or their representatives may address the Board with written communications. Written communications shall be delivered to the Village Manager or Village Clerk. Speakers may not read written communications verbatim but should summarize their contents. The presiding officer may modify these guidelines if warranted. SECTION C3 - Use of Recording Equipment All members of the public and all public officials are allowed to photograph and tape or video record public meetings so long as the photography or recording is done in a manner which does not interfere with the meeting. Neither photography nor recording is allowed during executive sessions. The presiding officer may make the determination that the photography or recording is being done in a manner that interferes with the meeting after taking into consideration attendant movement and activity, distance from the deliberations of the Board, noise, size of equipment, ability of the public to participate in the meeting notwithstanding the photography or recording, and any other pertinent factor. In the use of photographic or video recording no flashes or other supplementary lighting equipment may be used beyond that of existing ambient lighting of the room. If the presiding officer makes the determination that the photography or recording is interfering with the meeting, the presiding officer may request an accommodation to avoid the interference and if not sufficient or complied with, order the photography or recording to be stopped. 13 SECTION C4 - Amendments to the Rules of Procedure The foregoing procedures may be amended from time to time by the affirmative vote of three (3) members of the Board. SECTION C5 - Executive Session Policy It is the policy of the Board of Trustees of the Village of Briarcliff Manor to conduct Village business in an open fashion and to make available as much information as may legally and practically be disseminated. The New York Open Meetings Law authorizes the Board to conduct business in executive session in a number of areas. These include: 1. matters which will imperil the public safety if disclosed; 2. matters which may disclose the identity of a law enforcement agent or informer; 3. information relating to criminal investigations which would imperil effective law enforcement if disclosed; 4. discussions relating to proposed, pending or current litigation; 5. collective bargaining negotiations; 6. personnel matters relating to particular individuals; and 7. the proposed acquisition, sale, or lease of real property or securities when disclosure would substantially affect the value. The Board recognizes that it is authorized to use executive sessions in these and other situations but will do so with restraint. To maintain confidentiality and to encourage the uninhibited discussion of the subject matter in Executive Session, all statements made and positions taken by all participants must remain confidential and may not be disclosed by any 14 participant unless and until disclosure is authorized by affirmative vote of three members of the Board. It has been and continues to be the practice of the Board that all members of the Board, acting together, come to agreement by consensus on the specific information which is to be released to the public, the suitable vehicle for reporting that information, and the timing of the reporting. SECTION C6 – Remote/Virtual Meetings When authorized by NYS Executive Order or when otherwise permitted by law, the Board of Trustees may conduct meetings remotely/virtually through Zoom, Webex or other commonly used platform facilitating live audio/video broadcast over broadband connections. Any such meeting shall be recorded and posted to the Village website as soon as practical. Meetings shall follow the same rules as an in-person meetings but shall also abide by the following specific stipulations. a. All attendees are to mute their microphone until recognized to address the Board by a member of the Board of Trustees or the Village Clerk. The meeting host may mute the microphone, or suspend the video, of any attendee causing background noise, or any other distraction that may interfere with the orderly continuation of the meeting. b. With the exception of the Board of Trustees, Village Employees, Village Counsel or Village Consultants, the video feed and microphone of all other participants shall be disabled unless they are speaking and addressing the Board. When requested, Trustees, Village Employees, Village Counsel and Consultants shall keep their video feed on so they can be seen by the public for the entirety of the meeting. An attendee’s video and microphone shall be enabled when he or she is invited to address the Board, and the video camera and microphone shall be disabled at the conclusion of such address. c. Members of the public who wish to speak shall first ask to be recognized by signaling the meeting host, typically the Village Clerk or a Board member. In Zoom or Webex, such signal may occur by electronic “hand-raising” or using the platform’s messaging features to contact the host with a request to speak. Any audio-only attendee will be given a chance to verbally request to address the Board. 15  d. When appropriate, the host of the meeting may allow members of the audience to submit questions to the Board via electronic private messaging offered by the virtual platform. e. In all cases where a member of the public is invited to address the Board, the speaker must first state his or her name and address for the record, just as if the meeting were held in-person. f. The Mayor, Village Manager, or host of the meeting may mute the microphone or disable the video feed of any audience member who is disorderly, or who refuses to cede their time at the request of the Mayor or Village Manager, or who otherwise interferes with the orderly continuation of the meeting. Anyone repeatedly interfering with the orderly conduct of the meeting may be ejected from the virtual meeting. __________________________________________________________________ Originally adopted by the Board of Trustees at its Organizational Meeting on April 7, 2005 and amended on July 20, 2006, April 9, 2007 and November 5, 2009, April 5, 2017, November 7, 2018 and January 19, 2021. Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the minutes of January 5, 2021. Adjournment Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the Meeting at 9:19pm. Respectfully Submitted By, Christine Dennett Village Clerk 16