Mayor & Board of Trustees

Village Board of Trustees Regular Meeting August 17, 2021 7:30 p.m. A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held at the William J. Vescio Community Center on the 17th of August, 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 Appointment of Police Chief Mayor Vescio swore in Dominick Bueti as Police Chief. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Dominick Bueti is hereby appointed as Police Chief effective August 18, 2021 with a salary of $175,249.83. Continued Public Hearing – Chapter 220-6 – Special Permit Uses, Solar Farms and Specialty Warehouses and Amend Chapter 220, Table 3, Permitted Principal and Accessory Uses (Commercial) and Chapter 220, Table 4, Permitted Lot Sizes, Setbacks, Height Requirements (Commercial) Deputy Mayor Chatzky gave a brief synopsis of the proposed changes. 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 September 14, 2021. 1 Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearings Amend Chapter 97, Cabaret Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Deputy Mayor Chatzky gave a brief synopsis of the proposed changes There were no public comments. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to September 14, 2021. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Repeal Chapter 77, Amusement Devices Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to open the public hearing. Roll Call: 2 Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Deputy Mayor Chatzky gave a brief synopsis of the proposed changes There were no public comments. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the public hearing. Roll Call: Trustee Werner Aye Trustee Hunt 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: BE IT RESOLVED that a proposed local law to repeal Chapter 77, Amusement Devices of the Code of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Amend Chapter 190-13, Subdivision of Land, Required Improvements and Agreements Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to open the public hearing. Roll Call: Trustee Werner Aye 3 Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Deputy Mayor Chatzky gave a brief synopsis of the proposed changes There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to close the public hearing. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a proposed local law to amend Chapter 190-13, Subdivision of Land, Required Improvements and Agreements of the Code of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Create a New Chapter 178, Solar and Alternative Energy Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye 4 Deputy Mayor Chatzky Aye Mayor Vescio Aye Deputy Mayor Chatzky gave a brief synopsis of the proposed changes 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 September 14, 2021. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Amend Chapter 220-2, Definitions Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to open the public hearing. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Deputy Mayor Chatzky gave a brief synopsis of the proposed changes 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 September 14, 2021. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye 5 Amend Chapter 220-14, Approval of Site Development Plans Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Deputy Mayor Chatzky gave a brief synopsis of the proposed changes 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 September 14, 2021. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye The Board requested an EAF be prepared for their consideration at the next meeting. Board of Trustees Announcements  The Library has their hours and programs posted on their website.  Various museum passes are available to borrow.  There are several Recreation Programs available. Sign up for their E- News and visit their site for more information.  Pool, Tennis and Pickleball Permits are available.  Community Day is scheduled for September 12th.  BMFD reminds all residents to inspect their home fire sprinklers and encouraged all to consider volunteering and join the Department.  There are a few vacancies on various Village Committees. Residents interested should email BOT@briarcliffmanor.org  There will be another push for support for Route 9A and a rally will be scheduled sometime in September or October. 6 Village Manager’s Report by Village Manager Zegarelli  The cell tree at the Club will be going vertical.  The ADA project is progressing well.  New water rates are in effect.  The Scarborough Station pipe replacement project is going well.  The Auditor is reviewing the ARPA funds received.  The Annual Audit has been completed.  The Tri-Village water line is nearly complete. Police Outreach Report  No report. Village Engineer’s Report  The Tuttle Road project has entered Phase 3 with new traffic patterns and some temporary road closures.  The ADA project is going well and the Fire Department will be able to return to headquarters in September.  Streetscape Phase One is set to begin September 1 st and will take approximately 45 days.  A Mobility Enhancement Grant was submitted by the deadline. A lot of collaboration by Village Staff and Consultants helped greatly with making the submission.  The Village has a number of private hydrants that need to be flow tested. Committee Reports Beautification Committee:  No report. Recreation Advisory Committee:  No report. Library Board:  No report. Public Comments There were no public comments. Award of Bid - Annual Paving Project Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: 7 WHEREAS the Village received 4 bids for the Annual Paving Project (VM-2021- 4); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Annual Paving Project (VM-2021-4) is hereby awarded to Morano Brothers Corp. per their item quantity of $111.50 per ton and charged as follows: Budget Code Amount EWR (Extreme Winter Recovery, DOT Program) $ 54,299.24 CHIPS $ 250,526.33 PAVE NY $ 67,186.18 TOTAL: 372,011.75 BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Morano Brothers Corp. for said project. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Increase Capital Budget for Mobility Enhancement – Central Business District (Streetscape Phase II / III) 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 increase for the Streetscape Phase II / III Project 21231: 21/22 CAPITAL BUDGET INCREASE BOT Authorization for Increase to Project Budget: Increase: H1440.201.21231 Streetscape Design II & III $ 125,000.00 Roll Call: Trustee Werner Aye 8 Trustee Hunt 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 2021-2022 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, 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 projects as further described in Exhibit A attached (collectively, the “Projects”); WHEREAS, the Issuer expects to pay certain expenditures (the “Reimbursement Expenditures”) in connection with the Projects prior to the issuance of indebtedness for the purpose of financing costs associated with the Projects on a long-term basis; WHEREAS, the Issuer reasonably expects that debt obligations in an amount not expected to exceed $390,000 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 Projects 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 Projects. 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. 9 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: 8/17/2021 Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Schedule Public Hearing - Special Use Permit Amendment – St. Theresa’s Church Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: Referral to the Planning Board BE IT RESOLVED that the request for the amendment of a Special Use Permit issued to the St. Theresa’s Church/School located at 300 Dalmeny Road is hereby directed to the Planning Board for review and recommendation. Schedule Public Hearing BE IT RESOLVED that a Public Hearing is hereby scheduled for the September 14, 2021 Board of Trustees meeting at 7:30pm at the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, New York to hear and consider an application to amend a Special Use Permit issued to St. Theresa’s Church/School. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye 10 Mayor Vescio Aye Fire Department Memberships The Board thanked the new volunteers for joining the Fire Department. 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 of the Village of Briarcliff Manor hereby approves the membership of Sean Fischer to the Briarcliff Fire Company BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Shray Khanna to the Briarcliff Fire Company. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Schedule Public Hearing – Create a New Chapter 142, Marijuana 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 September 14, 2021 Board of Trustees meeting at 7:30pm at the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, New York to hear and discuss a proposed local law to create a new Chapter 142, Marijuana of the Code of the Village of Briarcliff Manor. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes 11 Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the minutes of August 3, 2021 as amended. Roll Call: Trustee Werner Aye Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adjournment Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the Regular Meeting at 8:20pm and go into an Executive Session to seek advice of Counsel. Respectfully Submitted By, Christine Dennett Village Clerk 12