Mayor & Board of Trustees

Village Board of Trustees Regular Meeting June 1, 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 1st of June, 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 Continued Public Hearing - Chapter 220-6, Special Permit Uses Deputy Mayor Chatzky gave a brief synopsis of the proposed amendments. There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the public hearing to June 15, 2021. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Continued Public Hearing - Chapter 220-10, Affordable Housing Deputy Mayor Chatzky gave a brief synopsis of the proposed amendments. 1 There were no public comments. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to June 15, 2021. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Continued Public Hearing - Amend a Special Use Permit – Sleepy Hollow Country Club Mr. Zac Pearson of Insite Engineering explained the proposed site amendments. The Board requested parking be addressed by the Planning Board. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to close the public hearing. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: WHEREAS, by resolution dated May 17, 2007 the Board of Trustees of the Village of Briarcliff Manor approved the application for special permit approval submitted by Sleepy Hollow Country Club (the “Club”) for its operation as a “[c]lub... not operated for gain” under Village Code §220-6(J)(6) (the “Special Use Permit”) at its current location consisting of the following parcels designated on the Village's Tax Maps as Section 104.08, Block 1, Lot 51; Section 104.11, Block 1, Lot 41; Section 104.12, Block 1, Lot 1; Section 104.12, Block 1, Lot 6; Section 104.16, Block 1, Lot 7; Section 104.16, Block 1, Lot 10; and Section 105.09, Block 1, Lot 1 and commonly known as 777 Albany Post Road, Scarborough, New York (“Property”); and 2  WHEREAS, the Special Use Permit has been amended from time to time; and WHEREAS, the Club has applied to the Board of Trustees to further amend the Special Use Permit relative to renovations to the existing pool complex, which includes modifications to the existing restaurant, locker rooms, and pool, and the construction of a new wading pool, tennis shop, check-in building, sports court and associated hardscape, landscaping and stormwater infiltration practices, all in order to improve site accessibility through improved circulation, and availability of accessible parking, and to improve member experience, with the improvement of existing amenities, and aesthetic considerations; and. WHEREAS, pursuant to Village Code Section 220-6(C), the Board of Trustees referred the application for amendment of the Special Use Permit to the Planning Board for report and recommendation; and WHEREAS, at its meeting of May 13, 2021, the Planning Board authorized a memorandum to be forwarded to the Board of Trustees by which the Planning Board recommended approval of the amendment of the Special Use Permit relative to the Project, granting special permit approval for the Project pursuant to Village Code § 220-6; and WHEREAS, the Board of Trustees has reviewed a Short Environmental Assessment Form submitted by the Applicant and has determined that the Project is an Unlisted action in accordance with the New York State Environmental Quality Review Act ("SEQRA"); and WHEREAS, the Project does not change the Club’s use of the Property, and the character, intensity, size, and location of the Club’s use of the Property is not materially changed by the Project; NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees determines that the Project will not significantly alter the existing use or development of the Property and in accordance with SEQRA that the Project will not have a significant impact upon the environment; and 3  BE IT FURTHER RESOLVED, that the Special Use Permit for the Club is hereby amended for the purpose of and to the extent necessary to accommodate and incorporate the Project subject to and expressly conditioned upon the Planning Board granting Amended Site Plan Approval for the Project, and BE IT FURTHER RESOLVED, that all terms and conditions of the Special Use Permit for the Club as same has been amended from time to time are hereby restated and incorporated into this Resolution by reference as if recited in full shall remain in full force and effect; and BE IT FURTHER RESOLOVED, that except as otherwise provided herein, all other terms and conditions of the Special Use Permit as amended from time to time shall remain in full force and effect; and BE IT FURTHER RESOLVED, that the foregoing resolution of the Board of Trustees of the Village of Briarcliff Manor is hereby approved. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements • The BMFD reminded residents to make sure their house number is visible so emergency services can find them. • There are several Recreation Programs available. Sign up for their E- News and visit their site for more information. • Pool and Camp registration and summer hiring has begun. • Swim Team begins on June 21st. • Tennis Courts can be reserved online. • AYSO registration for the fall will begin soon. • Big Brothers and Big Systems is doing a clothing drop on June 26th. • There is a call for volunteers for various Boards and Committees. Letters of interest can be emailed to BOT@briarcliffmanor.org. Village Manager’s Report by Village Manager Zegarelli • Tax Bills are being prepared and will be mailed out soon. The first half is due by July 1st. • Spring plantings are being finished. 4  • The Memorial Day event was well attended and honored Larry Reilly. Police Outreach Report • No report. Village Engineer’s Report by Village Engineer Turiano • There are several mixed used applications before the Planning Board. • A study is being done for electric charging stations. • Wifi is being looked into the business district. • The Tuttle Road project is underway. • The Village Hall ADA Project is underway. • The Streetscape Project (Phase 1) will be awarded tonight. Committee Reports Beautification Committee: • The Committee is happy with how the plantings were done at Chilmark Park. Recreation Advisory Committee: • The first summer concert will be June 10th. • There are several events planned for the summer. • The Dog Park Committee is making great progress. Email briarcliffdogpark@gmail.com with any suggestions. • The next meeting will be at the pavilion on June 2nd. Library Board: • There is a vacancy on the Library Board. • The Library is now open for in-person browsing and use. Public Comments There were no public comments. Schedule Public Hearings Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: CHAPTER 220-9.1 REGULATION OF SOLAR ENERGY COLLECTORS A. BE IT RESOLVED that a Public Hearing is hereby scheduled for the June 15, 2021 Board of Trustees meeting at 7:30pm to be held either via in-person meeting, or Zoom Video Conference, depending on the State’s 5  directives about gatherings under NY on Pause to hear and discuss a proposed local law to amend Chapter 220-9.1 Regulation of Solar Energy Collectors of the Code of the Village of Briarcliff Manor. CHAPTER 54 RESIDENCY REQUIREMENTS B. BE IT RESOLVED that a Public Hearing is hereby scheduled for the June 15, 2021 Board of Trustees meeting at 7:30pm to be held either via in-person meeting, or Zoom Video Conference, depending on the State’s directives about gatherings under NY on Pause to hear and discuss a proposed local law to amend Chapter 54, Residency Requirements of the Code of the Village of Briarcliff Manor. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Transfers Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: Library Fund BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $17, 116.00 for FY 2020-2021: 6  BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2020-21 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To Public Library -Books & Public Library -Electronic- L7410.480 12,000.00 L7410.480.ELEC 13,000.00 Software Books & Software Public Library -Dues & Public Library -Electronic- L7410.468 1,200.00 L7410.468.ELEC 1,200.00 Subscriptions Dues & Subscriptions Public Library -Utilities- Public Library -Natural Gas - L7410.440 2,800.00 L7410.442 2,800.00 Electricity Utility Public Library -General L7410.428 Public Library -Office Supplies 116.00 L7410.446 36.00 Postage Public Library -Video Public Library -Professional L7410.481 1,000.00 L7410.477 80.00 Tapes/DVDs Development $17,116.00 $17,116.00 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Close Out Capital Project 17231 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: 7 From: H1440.201.17231 Streetscape Study Des2020 Bond $ 35,000.00 To: H5110.201.18221 StreetscapeWestSide-2020 Bond $ 35,000.00 Roll Call: 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 Werner, 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 Streetscape Phase I (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 $151,000 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 8 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. 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: 6/1/2021 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Award of Bid – Streetscape Phase One General Construction Mrs. Stacey Halper of 105 Whitson Road asked for a timeline. Village Engineer Turiano stated around July 1st. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 7 bids for the Streetscape Phase One Project - General (VM-1920-4); and NOW, THEREFORE, BE IT RESOLVED that the bid for Streetscape Phase One Project- General (VM-1920-4) is hereby awarded to Paladino Concrete Creations 9  Corp. per their bid price of $355,107.00 plus an additional item negotiated at $45,000 for a total cost of $400,107.00 and charged as outlined below. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Paladino Concrete Creations Corp. for said project. NAME Amount NAME Streetscape Phase I - H5110.201.18221 $382,598.00 Paladino Concrete Creations 355,107.00 (Balance Remaining) NYSDOT Multi Modal #4 $50,000.00 PRM Electric $120,000 Pin#8MA509.30A Construction Inspection/Testing $35,000 RGR/PDE - Construction Design $20,000 Services Additional Authorization 10% Contingency, including $150,520.00 $53,011.00 Required negotiated Item 619.01 Total Source of Funds $583,118.00 Remaining Project Cost $583,118.00 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Electrical Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 6 bids for the Streetscape Phase One Project - Electrical (VM-1920-4); and NOW, THEREFORE, BE IT RESOLVED that the bid for Streetscape Phase One Project- Electrical (VM-1920-4) is hereby awarded to PRM Electric per their bid price of $120,000 and charged as outlined below. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with PRM Electric for said project. 10  NAME Amount NAME Streetscape Phase I - H5110.201.18221 $382,598.00 Paladino Concrete Creations 355,107.00 (Balance Remaining) NYSDOT Multi Modal #4 $50,000.00 PRM Electric $120,000 Pin#8MA509.30A Construction Inspection/Testing $35,000 RGR/PDE - Construction Design $20,000 Services Additional Authorization 10% Contingency, including $150,520.00 $53,011.00 Required negotiated Item 619.01 Total Source of Funds $583,118.00 Remaining Project Cost $583,118.00 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Authorize Mayor to Execute an Executive Recruitment Services Agreement – Strategic Government Resources Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, with one abstention from Mayor Vescio, the Board voted to approve the following resolution: BE IT RESOLVED that the Mayor is hereby authorized and directed to execute an Executive Services agreement with Strategic Government Resources with the terms as set forth in the agreement. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Abstained 11 Briarcliff Union Free School District Property Maintenance Mitigation Plan Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted to approve the mitigation plan as submitted and commended the school for putting the plan forward. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Tabled to the next meeting. Adjournment Upon motion by Trustee Werner, seconded by Trustee Midgley, the Board voted unanimously to adjourn into Executive Session to discuss Personnel Matters and receive advice of Counsel at 8:43pm. Upon motion by Trustee Werner, seconded by Trustee Midgley, the Board voted unanimously to reconvene the Regular Meeting and then immediately adjourn at 9:05pm. Respectfully Submitted By, Christine Dennett Village Clerk 12