Mayor & Board of Trustees

Village Board of Trustees Regular Meeting November 9, 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 9th of November, 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 Robin Rizzo, Interim Village Manager Christine Dennett, Village Clerk Dan Pozin, Village Attorney David Turiano, Village Engineer Pledge of Allegiance Continued Public Hearing – Chapter 195, Taxation 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 close the public hearing. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED that the proposed local law to amend Chapter 195, Taxation of the Code of the Village of Briarcliff Manor is hereby adopted. Public Hearings: Consider a Local Law Opting Out of the Licensing of [Cannabis Retail Dispensaries and/or Cannabis On-Site Consumption] Establishments Within the Village of Briarcliff Manor Pursuant to NYS Cannabis Law § 131 1 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Deputy Mayor Chatzky gave a brief synopsis of the proposed law. There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the public hearing to November 23, 2021. Special Permit Application for Morrell and Company the Wine Emporium, LTD – 600 Albany Post Road Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to open the public hearing. Mr. David Steinmetz, Attorney for the Applicant, explained the proposed adaptive reuse of the property. Mrs. Margaret Midgley of 1 Ivanhoe Place asked for a review of the site changes. Mr. Philip Fruchter, Architect for the Applicant, explained the site changes. The Board reviewed the County’s Referral Response. Mr. Roger Battacharia of 16 Holbrook Road asked how many employees would work onsite. Mr. Steinmetz explained the operations. Mrs. Celena Herzog on 680 Albany Post Road stated she was delighted for the proposed use and the minimal impacts to the neighbors. The Board reviewed the approval process and directed Counsel to prepare a resolution and SEQRA findings for the next meeting. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the public hearing to November 23, 2021. Board of Trustees Announcements  The BMFD reminded residents to change the batteries in smoke and CO detectors.  The Board thanked all veterans for their service.  Congratulations to all residents that ran the NYC Marathon.  Court Clerk, Rori Zirman received recognition for 20 years of service. 2   Volunteers are needed for the Recreation Advisory Committee.  Condolences to Fire Chief Caruso with the loss of his father.  A meeting was held with the DEC regarding reducing flood impacts on the Tree Streets.  The Ragamuffin Parade was a big success.  Streetscape Work Session on November 16th. Village Manager’s Report by Interim Village Manager Rizzo  Village Hall will be closed on Veterans Day.  Leaf pickup continues throughout the Village. Police Outreach Report  No Report Village Engineer’s Report  The Hazard Mitigation Plan has been finalized and will be placed on the next agenda for formal approval.  The Tuttle Road project is complete.  The ADA project is nearly complete and landscaping is being installed.  The Mobility Enhancement Grant will likely be announced in January or February. Plans are moving ahead and a Streetscape Presentation will be given on November 16th.  A wetlands survey is being done for the trail study and dog park.  The Recreation Office hardening and remediation work has begun.  The Cell Tree should be fully completed by Thanksgiving. Committee Reports Library Board:  The programs are listed and continually updated on the website.  The Human Library will be in the Village in February 2022. Recreation Advisory Committee:  Platform Tennis permits are on sale.  Ski Lessons at Thunder Ridge are being offered.  A photo contest in which residents can submit photographs of Scarborough Park will be through the end of the month.  The next meeting is scheduled for Thursday 11/17 at 7PM.  Stay informed and sign up for enews. Beautification Committee:  No report. Public Comments 3 Mr. Roger Battacharia of 16 Holbrook Road brought up concerns from water runoff that was damaging his property. Mr. Josh Linett of 54 Holly Place thanked the Board for the letter the Village submitted regarding the Mount Pleasant subdivision on Sleepy Hollow Road. He stated Pocantico Lake was an amazing landscape and needed to be protected. He asked the Board to consider sending another letter. Ms. Nancy Goloditz of 816 Sleepy Hollow Road stated the Pocantico River was a critical watershed and thanked the Board for their service and support. Ms. Ali Davis of 24 Tamarack Place stated the Pocantico Lake was a great resource and encouraged the Board to send another letter to Mount Pleasant. Acceptance of Interim Village Manager Resignation The Board thanked Interim Village Manager Rizzo and awarded her with a plaque. Interim Manager Rizzo thanked the Board for having faith in her. Upon motion by Trustee Hunt, seconded by Mayor Vescio, with one no vote by Deputy Mayor Chatzky and one abstention by Trustee Midgley, the Board voted to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby accepts the resignation of Robin L. Rizzo as Interim Village Manager effective November 14, 2021. Acceptance of Planning Board Member Resignation Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby accepts the resignation of Andrew Tung as a Planning Board Member effective November 1, 2021. Reaffirm the Implementation of a Revenue Sharing Policy with the Briarcliff Manor Fire Department and Ambulance Department Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: 4 BE IT RESOLVED, that the Village of Briarcliff Manor Board of Trustees hereby authorizes and approves the Interim Village Manager to implement the Revenue Sharing Policy with the Briarcliff Manor Fire Department and Briarcliff Manor Ambulance Department. Authorize Interim Village Manager to Execute an Agreement with Westchester County – First Amendment to Urban County Cooperation Agreement Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, with one abstention by Trustee Midgley, the Board voted to adopt the following resolution: BE IT RESOLVED that the Interim Village Manager is hereby authorized and directed to execute the following agreement: This First Amendment to the Urban County Cooperation Agreement entered into this 9 day of November, 2021, between the County of Westchester (the “County”) and Briarcliff Manor. WITNESSETH: WHEREAS, the County and the Cooperating Municipality entered into an agreement (the “Cooperation Agreement”) to undertake essential community development and housing assistance activities pursuant to the Title I of the Housing and Community Development Act of 1974, as amended, (the “Act”); and WHEREAS, the United States Department of Housing and Urban Development (“HUD”) has notified the County that Paragraph 6 of the Cooperation Agreement must include all statutes and HUD regulations found in Section V, Paragraph H of the April 29, 2021 Notice from HUD entitled “Instructions for Urban County Qualification for Participation in the Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2022-2024” (the ”Notice”); and WHEREAS, the County and the Cooperating Municipality, in accordance with Section 20 of the Cooperation Agreement, agree to adopt this Amendment in order to meet the requirements as set forth in the Notice. NOW, THEREFORE, IT IS AGREED BETWEEN THE COUNTY AND THE COOPERATING MUNICIPALITY AS FOLLOWS: 1. Paragraph 6 of the Cooperation Agreement is hereby deleted in its entirety and replaced with the following: 5  “6. The County and Cooperating Municipality will take all required action to comply with the provisions of Title VI of the Civil Rights Act of 1964 and the implementing regulations at 24 CFR part 1, the Fair Housing Act of 1968 and the implementing regulations at 24 CFR part 100, and the Americans with Disabilities Act of 1990 and the implementing regulations at 28 CFR part 35, to assure compliance with the certification required by Section 104(b) and 109 of Title I of the Housing and Community Development Act of 1974 as amended and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR part 8 and the Age Discrimination Act of 1975 and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws (the “Acts”) and implementing regulations. Accordingly, the Cooperating Municipality agrees to do what is necessary, as determined by the County, to comply with each of the above referenced Acts, the rules and regulations thereunder, and the undertakings and assurances in the application form insofar as they relate to the activities and programs conducted by the Cooperating Municipality pursuant to said Grants. Further, the County is prohibited from expending Urban County funding for activities in or in support of any local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s action to comply with its fair housing certifications. In addition, the Cooperating Municipality agrees to indemnify and hold the County harmless against all losses, damages, penalties, settlements, costs, charges, fees, and other expenses or liabilities relating to or arising out of the failure of the Cooperating Municipality to comply with the Acts, the rules and regulations thereunder, and the undertakings and assurances in said application form.” 2. All other Provisions of the Cooperation Agreement shall remain in full force and effect. Authorize Interim Village Manager to Execute an Agreement with Westchester County – Summer Youth Employment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED that the Interim Village Manager is hereby authorized and directed to execute an Intermunicipal Agreement with Westchester County to provide a positive Youth Development Program “Summer Youth Employment” from January 1, 2021 through December 31, 2021. Authorize Interim Village Manager to Execute an Agreement with Town of Ossining Fire Protection Agreement 6 Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to adopt the following resolution: Whereas, recognizing the shortage of available volunteer fire department personnel due to the onset of World War II and on or about March of 1942, the TOS contracted with the VBM for such fire protection, said delineation of TOS parcels becoming what is commonly designated as TOS FD-20; and Whereas, The VBMFD continues faithfully to provide expert, professional fire services not only to the residents of VBM but those within TOS FD-20 having served since 1942 to the present without interruption, challenge or problem; and Whereas, by mutual agreement between TOS and VBM in November 2017, the VBM redefined the parameters, terms and conditions and costing formula effective for TOS's 2018 calendar year becoming the basis for all subsequent annual contractual agreements since; and Whereas, upon discussions between the TOS and VBM and notwithstanding the existing formula currently in place, an agreement had been mutually reached to extend the approved 2020 costs of service to be adjusted by an 1.56% increase (the 2021 NYS Tax Revenue Cap for Towns) for a total contractual amount of $164,230.97; and Whereas, the TOS and VBM have both agreed to extend the pricing of the current FD-20 contract for the calendar year 2021 on the same terms and conditions subject only to the addition of the 2020 NYS Tax Revenue Cap and Growth Factor for Towns of 1.56%; and Whereas, this contract shall be in effect for the 2021 calendar year and both the TOS and the VBM agree to revise, refine and adjust the formula for any future years on a mutual basis and that the VBMFD Chief has indicated his support for this contract extension, and that NYS Village Law Section 209D allows for the distribution of up to 35% to its Fire Department, BMFD/BMAD will receive 35% or $57,490.84 per October 2020 revenue sharing document. Now Therefore, Be It Resolved by the VBM Board of Trustees that: all revised terms and conditions of the 2021 contract between the TOS and VBM are hereby approved and remain in effect; that the Village Manager and Village Counsel are authorized to make non material changes by joint agreement; that the VBMFD membership are to approve same, that the Interim Village Manager is hereby authorized to execute such contracts; and that this Resolution shall take effect immediately with the effective date to be 1 January 2021. 7 Budget Transfers Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: A. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $41,525.59 for FY 2021-2022: 8  BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2020-21 Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Youth Programs Tree Camp-Uniforms- Recreation Administration - A7314.250 $ 1,492.00 A7020.103 $ 1,492.00 Tree Camp Personal Services: Part-time Recreation Administration - A7020.407 $ 426.00 Youth Programs Tree Camp-Social Softw are Maint. & Support A7314.850 Security $ 591.71 Recreation Administration - A7020.430 $ 165.71 Stationary & Printing Youth Programs Tree Camp-Personal A7314.103 $ 8,273.90 Services: P/T Tree Youth Programs Tree Camp- A7314.420 $ 1,371.72 Materials&Sup-Youth Camp(Tree) A7314.444 Youth Programs Tree Camp-Bus Rental $ 786.00 Youth Programs Tree Camp-Wireless A7314.449 $ 133.50 Telephone-Tree Camp Youth Programs Tree Camp-Contractual A7314.460 $ 268.51 Services-Tree Camp Youth Programs Tree Camp-Social A7314.850 $ 42.09 Security Youth Programs Super Camp-Personal A7315.103 $ 3,261.86 Services: P/T Super Youth Programs Super Camp-Uniforms- A7315.250 $ 1,206.00 Youth Programs Other - Super Camp A7311.460 Cntrctl Serv-Yth Rec-Otr $ 30,226.72 Youth Programs Super Camp- Prog. A7315.420 $ 1,816.29 Materials&Supp-Yth Camp(Super) A7315.444 Youth Programs Super Camp-Bus Rental $ 786.00 Youth Programs Super Camp-Wireless A7315.449 $ 83.50 Telephone-Super Camp Youth Programs Super Camp- A7315.460 $ 302.88 Contractual Services-Super Youth Programs Super Camp-Social A7315.850 $ 250.26 Security Youth Programs Adventure -Personal A7316.103 $ 10,070.70 Services: P/T Advntr Youth Programs Adventure -Contractual A7316.460 $ 802.88 Services-CampAdvnt Youth Programs Adventure -Social A7316.850 $ 770.63 Security Youth Programs Adventure -Uniforms- A7316.250 $ 1,056.00 Camp Adventure Youth Programs Adventure - A7316.405 $ 3,050.00 SocialAct/EntranceFees-CampAdv Youth Programs Adventure - Sw imming Pool -Personal A7316.420 $ 4,121.16 A7181.103 Services: P/T Pool $ 9,215.16 Materials&Supp-Yth Camp(Advntr A7316.444 Youth Programs Adventure -Bus Rental $ 788.00 Youth Programs Adventure -Wireless A7316.449 $ 200.00 Telephone-Camp Advntr $ 41,525.59 $ 41,525.59 9  B. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $35,952.59 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Safety Inspection General- Contingent Account General - A3620.101 30,769.23 A1990.499 10,684.59 Personal Services: Full-time Contingent Account Safety Inspection General- Safety Inspection General- A3620.820 2,829.51 A3620.103 25,268.00 Hospital Insurance Personal Services: Part-time Safety Inspection General- A3620.850 2,353.85 Social Security 35,952.59 35,952.59 To moved unused FT Bldg Inspector Salary and Benefits to Contigency and to Cover PT Bldg Inspector Line 10  C. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $25,677.88 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To Contingent Account Board Of Trustees- A1990.499 General -Contingent 25,677.88 A1010.460 13,319.00 Contractual Services Account Executive General -Personal A1230.103 3,595.00 Services: Part-time Executive General -Misc A1230.400 5,952.98 Expenses Executive General-Meal Misc A1230.475 1,910.90 Expense Zoning Board Of Appeals- A8010.103 900.00 Personal Services: Part-time 25,677.88 25,677.88 Transfers needed for Executive office through 10/31/21 11  D. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $31,395 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To Contingent Account Executive General -Personal A1990.499 General -Contingent 11,700.00 A1230.101 11,700.00 Services: Full-time Account Contingent Account Water- Water Administration - F1990.499 19,695.00 F8310.101 19,695.00 Contingent Account Personal Services: Full-time 31,395.00 31,395.00 to cover new VM Salary for remainder of year 12  E. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $29,746.50 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To H7110.201.19231 Senior Bus 29,746.50 H1230.201.22100 Manager Vehicle 29,746.50 $29,746.50 $29,746.50 To cover Manager Vehicle -Explorer 13  F. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $104,344 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To Street Maintenance- Buildings General -Personal A5110.101 104,344.00 A1620.101 8,491.00 Personal Services: Full-time Services: Full-time Buildings General -Social A1620.850 612.00 Security Street Maintenance-Personal A5110.102 7,601.00 Services: Overtime Community Beautification - A8510.101 58,000.00 Personal Services: Full-time Community Beautification - A8510.103 11,000.00 Personal Services: Part-time Community Beautification - A8510.820 13,500.00 Hospital Insurance Community Beautification - A8510.850 5,140.00 Social Security 104,344.00 104,344.00 Transfers from Open positions B. Andrews, Santucci Retirement and Tradditi working in Water to cover non budgeted positions. Award of Bid – Fire Hydrant Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: 14 WHEREAS the Village received 3 (three) bids for the Village Hydrant Project (VM-2021-7); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Village Hydrant Project (VM-2021-7) is hereby awarded to Schmidts Wholesale Inc. per their item quantity bid price of $44,649 and charged to budget code H8397-201-21530. BE IT FURTHER RESOLVED that the Interim Village Manager is hereby authorized and directed to execute a contract with Schmidts Wholesale Inc. for said project. Acceptance of Donation – Friends of the Library The Board thanked the Friends for their continued support. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $1,000.00 from the Friends of Briarcliff Manor Public Library. Amend the 21/22 Budget as proposed below: Increase Library Fund Revenue – Special Rev, Gifts, Donations (L0108.2705) by $1,000.00 Increase Library Fund Expense – Special Matching Expenses (L7410.206) by $1,000.00 Fire Department Memberships The Board thanked the new members for volunteering. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Neil Iaccarino to the Briarcliff Manor Hook and Ladder Company. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of James Pastore to the Briarcliff Fire Company. 15 Planning Board Appointments The Board thanked them for volunteering and welcomed new Alternate Member Netburn. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby makes the following appointments: Krista Mastrocola as a member of the Planning Board to fill the unexpired term of Andrew Tung for a term to expire on April 1, 2025. Malcom Netburn as the Alternate Planning Board Member to fill the unexpired term of Krista Mastrocola for a term to expire on April 1, 2022. Schedule Public Hearing Upon motion by Trustee Hunt, seconded by Trustee Deputy Mayor Chatzky, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the November 23, 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 amend Chapter 178, Solar and Alternative Energy of the Code of the Village of Briarcliff Manor. Authorize the Interim Village Manager to Execute an Agreement with Mount Pleasant for Fire Protection Services for 2021 Upon motion by Trustee Hunt, seconded by Trustee Deputy Mayor Chatzky, the Board voted unanimously to adopt the following resolution as amended: 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 $31,334 to expire on December 31, 2021. 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 $71,807 to expire on December 31, 2021. Minutes 16 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the minutes of October 5, 2021 and October 19, 2021. Adjournment The Board wished Trustee Werner a Happy Birthday. Upon motion by Trustee Hunt, seconded by Trustee Werner, the Board voted unanimously to adjourn the Regular Meeting at 9:12pm to go into an Executive Session to discuss contractual and litigation matters and stated they would adjourn immediately thereafter. Respectfully Submitted By, Christine Dennett Village Clerk 17