Mayor & Board of Trustees

Village Board of Trustees Regular Meeting March 2, 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 2nd of March, 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 Public Hearing – Police Reform Advisory Committee Draft Report The Board opened the public hearing. Reverend Anthony Karlik, Chairman of the Police Reform Advisory Committee thanked all who participated in the process and thanked the Committee for their hard work. Village Manager Zegarelli provided an overview of the Village statistics used in the report. Mrs. Rhea Mallet reviewed the Committee’s recommendations. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to March 23, 2021. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye 1 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 are doing a survey to see what services residents are interested in.  The BMFD urged residents to volunteer and join the Fire Department and/or Ambulance Department.  There are several Recreation Programs available. Platform Tennis, a Running Club, Senior Shopping and many more. Sign up for their E-News and visit their site for more information.  Pool and Camp registration begins next week and summer hiring has begun.  The Egg Hunt will be Saturday, March 27th.  Spring window painting will be April 10th.  The Rotary Club meets every Friday.  The Board of Education for both districts is considering the tax incentives for the CT Zone properties.  Thank you to all that have submitted support for the Route 9A Safety initiative.  March 16, 2021 is the Annual Village Election. Village Manager’s Report by Village Manager Zegarelli  Work and cleanup continues at Chilmark Park.  Road repairs from winter damage is underway.  Curb your dogs! Village Engineer’s Report by Village Engineer Turiano  The Tuttle Road project will begin in mid-April. Plantings are being reviewed.  The Village Hall ADA Project is on the agenda to be awarded.  The Streetscape Project will go out to bid shortly.  Cross Access Easement Plans are being worked on.  The newly amended Chapter 195 is being distributed to business owners. The Board wished Village Engineer Turiano a Happy Birthday. Committee Reports Beautification Committee:  The bulbs planted at the Pocket Park should begin blooming soon. Recreation Advisory Committee:  The next meeting will be via zoom on March 10th. 2   Dog poop bags will be available at trailheads. Library Board:  No report. Police Outreach Report  Chief Bueti gave an overview of recent trainings the Police Department received. Public Comments Mr. and Mrs. DiCostanzo from 111 Hawthorn Place stated they heard the Pace Campus was recently sold. Mayor Vescio stated there was a transfer in ownership but the details were unknown. He further stated no plans had been filed with the Village. Mr. Brendan Kenney of 222 Elm Road asked who purchased the property and if the Board knew what the plans were. Dr. Rich Languilli of 184 Tuttle Road stated the residents had a vested interest into how the property was developed and asked how much weight public input had. Mayor Vescio stated all applications received the same review and the zone was R40B. Mrs. Larissa Paulmeno of 90 Tuttle Road asked when the Tuttle Road project would begin. Village Engineer Turiano stated a schedule would be sent out. Mr. Matthew Hegarty of 258 Elm Road asked how much the outstanding taxes for the Pace property were. The Board stated the Village portion was approximately $265,000. Mrs. Rebecca Cooper of 160 Tuttle Road asked what the short term maintenance plan for the Pace property was and who was responsible. Mr. Sergio Prosperino of 6 Briars Corners stated he was surprised the Board didn’t research who the property owners were. Mrs. Sara Kenney of 222 Elm Road asked if the buildings on the Pace Campus were habitable and if the Special Use Permit limited occupancy. 3  Village Attorney Pozin stated the Special Use Permit was expired and the property reverted to the underlying zone as a result. He further stated permits would be required for any and all work done at the site. Mrs. Rebecca Cooper of 160 Tuttle Road stated she saw buses of people there and asked who she should contact. Mr. Rob Boder of 730 Long Hill Road stated it sounded like the property could not be used for anything currently. Mr. Alex Marvin of 2 Cherry Hill Court asked what notifications would be sent out to residents. The Board stated notifications would be sent out and signs would be posted on the property to keep residents informed about any potential development on the site. Amend Master Fee Schedule – Recreation Fees 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: RECREATION FEES MASTER FEE SCHEDULE - RECREATION SUMMER FEES 2021 TYPE OF APPLICATION PROPOSED OLD PROPOSED OLD DATE DATE Last Resident LICENSE OR PERMIT Fee FEE BMSD Fee FEE EFFECTIVE Amended Summer Day Camp Fees for Out-of-Village, BMUFSD applicants remain 25% higher than proposed Resident Fees Tree Camp Full Day - entire 5 weeks 1200 1120 1500 1400 3/2/2021 3/10/2020 Full Day – Session 1 (first 3 weeks) 700 875 3/2/2021 new Full Day – Session 2 (last 2 weeks) 500 625 3/2/2021 new Super Camp Full Day - entire 5 weeks 1200 1120 1500 1400 3/2/2021 3/10/2020 4 Full Day – Session 1 (first 3 weeks) 700 875 3/2/2021 new Full Day – Session 2 (last 2 weeks) 500 625 3/2/2021 new Tree Camp and Super Camp CIT Enrollment 400 Same 500 Same No Change 3/2/2011 Camp Adventure Full Day - entire 5 weeks 1200 1090 1500 1360 3/2/2021 3/10/2020 Full Day – Session 1 (first 3 weeks) 700 875 3/2/2021 new Full Day – Session 2 (last 2 weeks) 500 625 3/2/2021 new Camp - Late Registration Fee - ALL CAMPS 100 Same 100 Same No Change 3/19/2009 TYPE OF APPLICATION PROPOSED OLD DATE DATE Last LICENSE OR PERMIT FEE FEE EFFECTIVE Amended Resident - Seasonal Permits Child Pool 135 125 3/2/2021 2/21/2018 Child Pool - Day Camp Only 110 100 3/2/2021 2/21/2018 Adult Pool 245 225 3/2/2021 2/21/2018 Family Pool 560 510 3/2/2021 2/21/2018 Senior Pool 135 125 3/2/2021 2/21/2018 Child Combo 195 180 3/2/2021 2/21/2018 Adult Combo 330 305 3/2/2021 2/21/2018 Family Combo 765 700 3/2/2021 2/21/2018 Senior Combo 195 180 3/2/2021 2/21/2018 Child Tennis 125 115 3/2/2021 2/21/2018 Adult Tennis 195 180 3/2/2021 2/21/2018 Family Tennis 465 425 3/2/2021 2/21/2018 Senior Tennis 125 115 3/2/2021 2/21/2018 School District - Seasonal Permits Child Pool 235 215 3/2/2021 2/21/2018 Child Pool - Day Camp Only 165 150 3/2/2021 2/21/2018 5 Adult Pool 400 365 3/2/2021 2/21/2018 Family Pool 955 870 3/2/2021 2/21/2018 Non-Resident Family Pool – Renewals Only for 2021 1125 1025 3/2/2021 2/21/2018 Senior Pool 235 215 3/2/2021 2/21/2018 Child Combo 315 290 3/2/2021 2/21/2018 Adult Combo 490 450 3/2/2021 2/21/2018 Family Combo 1235 1125 3/2/2021 2/21/2018 Senior Combo 315 290 3/2/2021 2/21/2018 Child Tennis 190 175 3/2/2021 2/21/2018 Adult Tennis 255 235 3/2/2021 2/21/2018 Senior Tennis 190 175 3/2/2021 2/21/2018 Other Pool & Tennis Fees Daily Use ID Permit - Residents 55 50 3/2/2021 2/21/2018 Daily Use ID Permit - School District Residents 65 60 3/2/2021 2/21/2018 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Scheduling Annual Organizational Meeting & Tentative Budget Public Hearing Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: ANNUAL ORGANIZATIONAL MEETING BE IT RESOLVED, that the Annual Organizational Meeting of the Board of Trustees is hereby scheduled for Tuesday, April 6, 2021 at 7:00 pm. 2021-2022 TENTATIVE BUDGET PUBLIC HEARING BE IT RESOLVED, that a Public Hearing for the 2021-2021 Tentative Budget is hereby scheduled for Tuesday, April 6, 2021 at 7:30 pm. Roll Call: 6 Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Declaration of Official Intent to Reimburse Certain Expenditures from Proceeds of Indebtedness/Capital Projects Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, 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 additional costs for ADA improvements (collectively, the “Project”); WHEREAS, the Issuer expects to pay certain expenditures (the “Reimbursement Expenditures”) in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; WHEREAS, the Issuer reasonably expects that debt obligations in an amount not expected to exceed $160,000 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 Project 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 Project. 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. 7 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: 3/2/2021 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Award of Bid Chilmark Park Backstop and Fencing Project Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 5 (five) bids for the Chilmark Park Backstop and Fencing Project (VM-2021-2); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Chilmark Park Backstop and Fencing Project (VM-2021-2) is hereby awarded to Yaboo Fence Co. Inc. per their bid price of $25,200 and charged to budget code H7110-201- 21774. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Yaboo Fence Co. Inc. for said project. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye 8 Mayor Vescio Aye Village Hall ADA Project Upon motion by Trustee Hunt, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 3 (three) bids for the Municipal Building ADA Upgrade Project (VM-1920-6); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Municipal Building ADA Upgrade Project (VM-1920-6) is hereby awarded to Tony Casale, Inc. per their revised bid price of $812,300 and charged as follows: BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Tony Casale, Inc. for said project. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Authorize Village Manager to Execute a Retainer Agreement for Labor Counsel – Lamb and Barnosky Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a retainer agreement with Lamb & Barnosky, LLP for Labor and Employment Law Counsel Services as set forth in the agreement. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Transfers 9 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 2020-2021: From: A1990.499 Contingent–General $20,000 F1990.499 Contingent Account-Water 6,028 L7410.499 Contingent Account- Public Library 2,499 To: A1964.423 Refund of Real Property Tax-Refund 20,000 Of Real Property Tax F1910.426 Unallocated Insurance General 6,028 L1910.426 Unallocated Insurance General 2,499 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Tax Certioraris Briarcliff Station, LLC – 75 North State Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: WHEREAS, BRIARCLIFF STATION, LLC (75 North State Rd), 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 2014-2019; and 10  WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2015-2016, 2016-2017, 2017-2018, 2018-19 and 2019-2020; and WHEREAS, an Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on February 4, 2021; 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 2014-2015, 2015-2016, 2016-2017, 2017- 2018, 2018-19 totaling $3,577.01 charged to A1964.423 and 2019-2020 $340.09 charged to A0102.1001 based upon assessment values reduced in accordance with the Consent Judgment. Assessment Tax Owner On Bill Parcel Assessed Prior Reduction New Assessment New Tax Change Refund Refund Abate Year Year Bill # Address Parcel Value Tax Bill Tax Billl Assessed Reduction Amount In Tax Prior Year Current Year 2nd Half BRIARCLIFF 2015 2016 STATION LLC 20161276 75 North State Rd 98-10-2-32 $ 37,100.00 $ 3,705 $ 250 $ 34,600.00 $ 2,500.00 $ 3,455.61 $ 249.68 $ 249.68 BRIARCLIFF 2016 2017 STATION LLC 20171273 75 North State Rd 98-10-2-32 $ 913,100.00 $ 5,049 $ 1,636 $ 617,300.00 $ 295,800.00 $ 3,413.67 $ 1,635.77 $ 1,635.77 BRIARCLIFF 2017 2018 STATION LLC 20181272 75 North State Rd 98-10-2-32 $ 913,100.00 $ 5,017 $ 1,488 $ 642,300.00 $ 270,800.00 $ 3,529.44 $ 1,488.05 $ 1,488.05 BRIARCLIFF 2018 2019 STATION LLC 20191272 75 North State Rd 98-10-2-32 $ 671,900.00 $ 3,716 $ 204 $ 635,100.00 $ 36,800.00 $ 3,512.15 $ 203.51 $ 203.51 BRIARCLIFF 2019 2020 STATION LLC 20201271 75 North State Rd 98-10-2-32 $ 671,900.00 $ 3,698 $ 340 $ 610,100.00 $ 61,800.00 $ 3,357.46 $ 340.09 $ 340.09 $ 3,577.01 $ 340.09 $ - A1964.423 Budget $ 100,000.00 Prior Refunds $ (91,170.10) Balance $ 8,829.90 A1964.423 Refund of Real Prop. $ 3,577.01 A0102.1001 Real Prop Tax Rev. $ 340.09 Total Reduction $ 3,917.10 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye T5@New York, LLC – 600 Albany Post Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: 11  WHEREAS, T5@NEW YORK LLC (600 Albany Post Rd), 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 2014-2019; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-19 and 2019-2020; and WHEREAS, an Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on January 11, 2021; 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 2014-2015, 2015-2016, 2016-2017, 2017- 2018, 2018-19 totaling $17,245.04 charged to A1964.423 and 2019-2020 $5,907.06 charged to A0102.1001 based upon assessment values reduced in accordance with the Consent Judgment. Assessment Parcel Assessed Original Reduction New Assessment New Tax Refund Refund Abate Year Address Parcel Value Tax Bill Tax Billl Assessed Reduction Amount Prior Year Current Year 2nd Half 2014 600 Albany Post Rd 104.11-4-40 $ 522,100 $ 51,786.05 $ - $ 522,100 $ - $ 51,786.05 $ - 2015 600 Albany Post Rd 104.11-4-40 $ 339,000 $ 33,857.01 $ - $ 339,000 $ - $ 33,857.01 $ - 2016 600 Albany Post Rd 104.11-4-40 $ 5,048,700 $ 27,919.31 $ 8,564.31 $ 3,500,000 $ 1,548,700 $ 19,355.00 $ 8,564.31 2017 600 Albany Post Rd 104.11-4-40 $ 3,999,500 $ 21,977.25 $ 2,744.75 $ 3,500,000 $ 499,500 $ 19,232.50 $ 2,744.75 2018 600 Albany Post Rd 104.11-4-40 $ 4,173,400 $ 23,079.22 $ 5,935.98 $ 3,100,000 $ 1,073,400 $ 17,143.24 $ 5,935.98 2019 600 Albany Post Rd 104.11-4-40 $ 4,173,400 $ 22,966.76 $ 5,907.06 $ 3,100,000 $ 1,073,400 $ 17,059.70 $ 5,907.06 $ 17,245.04 $ 5,907.06 $ - A1964.423 Budget $ 100,000.00 xfer in $ 20,000.00 Prior Refunds $ (94,747.11) Remaining Budget $ 25,252.89 A1964.423 Refund of Real Prop. $ 17,245.04 A0102.1001 Real Prop Tax Rev. $ 5,907.06 Total Reduction $ 23,152.10 Roll Call: Trustee Hunt Aye Trustee Werner Aye 12 Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Amendment – Insurance Recovery Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the minutes of February 16, 2021. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adjournment Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to adjourn the Meeting at 10:02pm. Respectfully Submitted By, Christine Dennett Village Clerk 13