Mayor & Board of Trustees

Village Board of Trustees Regular Meeting September 6, 2022 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 6th of September, 2022 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Rhea Mallett, Trustee Edward E. Midgley, Trustee Also Present Christine Dennett, Village Clerk David Turiano, Acting Village Manager/Village Engineer Josh Subin, Village Attorney Absent Josh Ringel, Village Manager Pledge of Allegiance Continued Public Hearing Special Use Permit Application for Yeshivath Viznitz, 235 Elm Road Mr. Dan Patrick, Attorney for the Applicant, gave a summary of their supplemental submission. Ms. Susan Jainchill, Consultant for the Applicant, reviewed the site plan improvements and landscape plan. Mr. Keith Austin of 55 Hawthorn Place stated he wished the submission was submitted earlier and requested the Board keep the hearing open. He asked for clarification on enrollment. Mr. and Mrs. Grund of 73 Hawthorn Place stated the plan should provide more detail. The Board had general discussion regarding enrollment numbers, special events, the plan for the vacant buildings and the refuse and recycling schedule. 1 Mr. Patrick stated the enrollment would not exceed 350 and they were working on the plan for the unused buildings. Mr. David Rosenberg, Applicant, stated special events would be inside the buildings and he provided refuse and recycling information from their other campus. Mr. Tony Macri of 223 Sleepy Hollow Road stated the empty buildings were a risk and should be removed if not planned to be used. He further stated the applicant should donate some of the land to the Village. Mrs. Lauren Hammer of 134 Alder Drive asked who the lease holder was and stated the abandoned buildings were of great concern. She further stated garbage at a large site needed to be picked up daily and suggested the Board consult with a waste management consultant. Mr. Chip Wagner of 92 Birch Road stated a site visit should be conducted at the applicants other campus. Ms. Susan Scharf of 17 Birch Road stated she was concerned that Elm Road had not been given enough attention by the applicant and suggested the lighting and signage be kept to a minimum to remain a residential fee. Mr. Patrick stated many of the concerns were site plan related and would be reviewed by the Planning Board. The Board had general discussion regarding overnight and weekend staffing. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the public hearing to October 11, 2022. Continued Public Hearing to Amend Chapter 207, Vehicle and Traffic Deputy Mayor Chatzky explained the proposed changes. Upon motion by Trustee Mallett, seconded by Trustee Midgley, the Board voted unanimously to adjourn the public hearing to September 20, 2022. Continued Public Hearing to Amend Chapter 81, Animals Deputy Mayor Chatzky explained the proposed changes. Mr. John Henkel of 42 Tuttle Road asked if there was an issue with animals in the Village and why the Board was legislating animals so much. 2 The Board explained the law was an amendment to an existing law and they were bringing the law into compliance and to be coordinated with the Zoning Code. Upon motion by Trustee Hunt, seconded by Trustee Mallett, the Board voted unanimously to close the public hearing. Upon motion by Trustee Midgley, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed local law to amend Chapter 81, Animals is hereby adopted. Public Hearing to Create a New Chapter 47, Public Meetings Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to open the public hearing. Deputy Mayor Chatzky explained the proposed changes. Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to September 20, 2022. Board of Trustees Announcements  School is open. Please drive carefully.  The Fire Department gave tips on Smoke and Carbon Monoxide detectors. Acting Village Manager/Village Engineer’s Report  FEMA has authorized reimbursement for Isaias. Thanks to Lauren Gualdino, Katie Nivins, Ed Torhan and Fiona Matthew for their work on the submittal.  The FEMA reimbursement for COVID is being submitted.  Mobility Enhancement Project test pits are being done in the Central Business District.  Work continues on obtaining the DEC permit for the trail and dog park.  The N. State Road transite pipe bid will done for a Spring start.  There will be a water main project on Sleepy Hollow Road.  A DEC Grant is being submitted for EV Charging Stations.  Rapid Entry (Knox Boxes) are being installed at all commercial and multi- family properties. Committee Reports Library Board: 3   There is a landscape photo exhibition on display through the end of September.  Visit their website for program information. Recreation Advisory Committee:  The pool is open Thursday and Friday this week.  The Chamber Concert is Friday, September 9th.  Community Day is Saturday, September 10th.  Save the date for: o Corn Hole Tournament 9/16. o Corn Hole League begins 9/20. o New Neighbor Network and Scarecrow Event 10/1 o Window Painting 10/15 o Ragamuffin Parade 10/29 Beautification Committee:  No report. Public Comments There were no public comments. Award of Bid – Annual Paving Project Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 6 bids for the Annual Paving Project (VM-2223- 1); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Annual Paving Project (VM-2223-1) is hereby awarded to Clove Excavation Inc. per their item quantity of $115 per ton for a total bid of $298,300 and charged as follows: Budget Code Amount EWR (Extreme Winter Recovery, DOT Program) $ 54,299.24 CHIPS $ 280,458.44 PAVE NY $ 67,186.18 POP (Pave our Potholes) $ 44,768.06 TOTAL: $ 446,711.92 BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Clove Excavation Inc. for said project. 4 Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adoption of Tax Exempt Bond Post Issuance Compliance Policy Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby adopts the Tax Exempt Bond Post Issuance Compliance Policy as follows: WHEREAS, the Internal Revenue Service requires issuers of tax-exempt obligations to certify on Form 8038-G that they actively monitor compliance with federal tax rules following the issuance of such obligations; WHEREAS, the Village is an occasional issuer of tax-exempt obligations and thus is subject to the aforementioned compliance requirements which are critical for the preservation of preferential tax status of those obligations; WHEREAS, it is therefore in the best interest of the Village to adopt formal written procedures to ensure such compliance and to designate an official responsible for ensuring that such procedures are followed; NOW THEREFORE, BE IT RESOLVED, that the Village hereby adopts the post- issuance compliance procedures attached hereto as “Schedule A” and resolves to be governed thereby; BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon its adoption. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye 5 Addition of Parcel to Saw Mill Sewer District Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: WHEREAS, on May 21, 2001, the Westchester County Board of Legislators adopted legislation to modify the Ossining and Saw Mill Sanitary Sewer Districts by removing a total of 332 parcels of property not currently connected to the County sewer system and treated at the County operated wastewater treatment plants; and WHEREAS, the property at 154 South State Road, identified on the Village Tax Maps as Section 98, Plate 19, Block 2, Lot 19 ("Property"), was removed from the Saw Mill Sanitary Sewer District; and WHEREAS, the owner of the Property asked the Board of Trustees to request the Westchester County Board of Legislations to extend the Saw Mill Sanitary Sewer District to add the Property, but not adjacent property, to that sewer district; and NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorize the Village Engineer to submit a request to the Westchester County Board of Legislators for the addition of the Property into the Saw Mill Sanitary Sewer District. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Committee Appointments The Board thanked all applicants for their submissions with a special thank you to Deputy Mayor Chatzky and Trustee Mallett for all their work interviewing candidates and reminded residents that all meetings are open to the public. The Mayor made the following appointment: Amy Karpati as Chairperson of the Horticultural Advisory Committee for a term to expire on April 1, 2023. 6 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby make the following appointment: Gerard Byrne as a Member of the Recreation Advisory Committee for a term to expire on April 1, 2025. Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the minutes of August 16, 2022. Adjournment Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the regular meeting at 9:44pm. Respectfully Submitted By, Christine Dennett Village Clerk 7