Mayor & Board of Trustees

Village Board of Trustees Regular Meeting July 2, 2024 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 2nd of July, 2024 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Rhea Mallett, Trustee Also Present Josh Ringel, Village Manager Christine Dennett, Village Clerk/Assistant Village Manager Josh Subin, Village Attorney Absent Malcolm Netburn, Trustee Pledge of Allegiance Continued Public Hearing to Amend Chapter 220-6, Special Permit Uses, Chapter 220, Table 2, Permitted Lot Sizes, Setbacks, Height Requirements (Residential) and Table 3, Permitted Principal and Accessory Uses (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 Mallett, the Board voted unanimously to adjourn the public hearing to July 16, 2024 at 7:30pm. Board of Trustees Announcements  Upcoming dates: o The pool is open. Hours are posted. o Briarcliff Bash is scheduled for 7/12.  Residents are encouraged to join the Fire Department.  Call for volunteers for various Boards and Committees.  Sign up for the weekly email.  Residents are reminded that biking and riding scooters on the sidewalk is prohibited. Village Manager’s Report   The Lead Service Survey is underway. Appointments are available.  $32,000 in grants have been received thanks to Jenny Sendek, SAC and the Climate Smart Committee.  Helpsy, a textile recycling initiative, is available in the Village.  Some shoreline restoration at Scarborough Park will occur in late August/early September.  Law Park parking lot modifications will begin in September. Public Comments Mr. Bruce Yeager of 450 Central Drive thanked DPW for picking up storm debris and for their responsiveness. He expressed concerns with placing a rebound wall at the Club Field and stated the noise would be substantial. He suggested placing it in Law Park and covering it with sound absorbing material. Mr. Robert Colangelo of 13 Justine Court stated he was the President of the Youth Lacrosse organization in the Village and stated the rebound wall would enhance youth sports which act as a feeder program for higher levels. He stated it would be funded privately and would help the kids in the community. Mr. Yeager stated he had no issue with a wall but thought there were better locations. Authorize Village Manager to Execute Agreements Pool Design Contract with CHA Consulting Inc for the Briarcliff Manor Pool Redesign Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution as amended: BE IT RESOLVED, that the Village Board of Trustees of the Village of Briarcliff Manor hereby authorizes the Village Manager to execute an Agreement with CHA Consulting Inc, for pool design services not to exceed $122,500 for 30% drawings subject to review by Village Counsel. Roll Call: Trustee Hunt Aye Trustee Mallett Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Installation of a Ball Wall at The Club Field Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: WHEREAS, Briarcliff Youth Lacrosse and Soccer have expressed a desire to donate a ball wall to Club Field for the enhancement and enjoyment of its players; and WHEREAS, the Village of Briarcliff Manor has site control of the property known as "The Club Field"; and WHEREAS, the Village has a recreation easement over certain real property known as The Club Field (herein, the “Village Property”), which permits the Village to use and improve same, and construct such buildings or improvements that are solely accessory to the ballfield at The Club Field; and WHEREAS, the Briarcliff Youth Lacrosse and/or Briarcliff Youth Soccer ("Licensee") wishes to design and construct a concrete ball wall approximately 26’-30’ long by 8’-10’ high at the Club Field; and WHEREAS, the Licensee has committed to submit full design plans for the ball wall, which must be approved by the Village prior to the start of construction; and WHEREAS, the Licensee intends to complete all construction activities related to the ball wall on or before September 30, 2024; and WHEREAS, the Village believes that these improvements will benefit the community by providing expanded youth sports opportunities within the Village; and WHEREAS, the Village intends to communicate with the Licensee regarding any public works that may impact the proposed improvements but retains discretion over the property and is under no legal obligation to provide notice; and WHEREAS, the Village, at its sole discretion, is willing to allow the property to be modified and maintained as described in the agreement; NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees of the Village of Briarcliff Manor hereby approves the License Agreement with Briarcliff Youth Lacrosse and/or Briarcliff Youth Soccer for the installation of a ball wall at Club Field; and be it further RESOLVED, that the Village Manager shall provide written notice with no more than 30 days for the Club to provide comment on the proposed structure and location to remain in compliance with Section 6B.vi in the Club Field recreation easement; RESOLVED, that the Village Manager is hereby authorized to undertake all administrative actions necessary to execute the terms of the License Agreement; and be it further RESOLVED, that the Village Attorney shall approve the License Agreement as to form prior to execution. Roll Call: Trustee Hunt Aye Trustee Mallett Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Real Estate Solutions Groups, LLC Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Board of Trustees approves a professional services agreement with Real Estate Solutions Groups, LLC to perform financial and economic advising for the 1050 Pleasantville Road Site in an amount not to exceed $16,000. Roll Call: Trustee Hunt Aye Trustee Mallett Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Authorize Settlement of Litigation – NYMIR Claim Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: WHEREAS, the Village’s Insurance Carrier has been working on litigation 17:23- cv-05254 and has reached a settlement in principle; and WHEREAS, the Village’s deductible for this claim is (or was) $2,500; and WHEREAS, a related litigation was brought as Index Number 31030/2023; and WHEREAS, that related action can be settled for an additional amount of $2,000.00. NOW THEREFORE BE IT RESOLVED, that the Village Manager is authorized, subject to NYMIR and Village Counsel Review, to settle the above matter, and BE IT FURTHER RESOLVED, that the Village Treasurer is authorized to execute the below transfer of funds to effectuate the $2,500.00 and $2,000.00 payments. Roll Call: Trustee Hunt Aye Trustee Mallett Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Amendment – Unclaimed Bail Money/Reconciliation of Account Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the budget for Fiscal Year 2023-2024 is hereby amended as follows: Increase Revenue (A0101.2770) by $307.50 Roll Call: Trustee Hunt Aye Trustee Mallett Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye SEQR River Road Project Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, is proposing improvements and modifications to the travel lanes on the River Road approach to the intersection of River Road with Route 9 to provide additional paved surface to improve turning movements (the “Proposed Action”); and WHEREAS, pursuant to 6 NYCRR Part 617 (“SEQR”) the Project is classified as an Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor has conducted an Uncoordinated Review of the Proposed Action under SEQR and is the Lead Agency for the SEQR review of this Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor reviewed a Short Environmental Assessment Form (Short EAF) Parts 1, 2 and 3 dated June 11, 2024. NOW THEREFORE BE IT RESOLVED, that pursuant to 6 NYCRR Part 617, State Environmental Quality Review, the Board of Trustees of the Village of Briarcliff Manor hereby confirms its Lead Agency designation for the SEQR Review of the Proposed Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the Proposed Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form (Short EAF Part 3). BE IT FINALLY RESOLVED that this SEQR Negative Declaration Resolution shall have an effective date of July 2, 2024. Roll Call: Trustee Hunt Aye Trustee Mallett Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye SEQR Library HVAC Upon motion by Trustee Hunt, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, is proposing to fund replacement of the Briarcliff Manor Public Library's existing ventilation and cooling system with a Variable Refrigerant Flow (VRF) system on property owned by the Village, located at 1 Library Road, Briarcliff Manor, NY (Section 98.15, Block 3, Lot 1 - the “Proposed Action”); and WHEREAS, the VRF system would fully replace the existing chiller and individual ceiling cassette air handlers would be installed; these units would be individually controlled allowing each space to be set to different temperatures including simultaneous heating and cooling in two adjacent spaces; and WHEREAS, the Briarcliff Manor Public Library Board is seeking a Community Resiliency, Economic Sustainability, and Technology Program (CREST) grant from the New York State Senate, as administered by the Dormitory Authority of the State of New York (DASNY);  WHEREAS, the Briarcliff Manor Public Library Board is also seeking a State Aid for Library Construction grant administered by the New York State Library, Division of Library Development in partnership with New York State’s 23 public library systems and DASNY; and WHEREAS, the Village owns the property and building that houses the Library and will also contribute additional Village capital funds to the replacement project; and WHEREAS, The Village consulted with the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) who conducted a review of the proposed project in accordance with the New York State Historic Preservation Act of 1980 and based on this review, OPRHP, by letter dated June 17, 2024, determined that the project will have no adverse impact on historic or archeological resources; and WHEREAS, pursuant to 6 NYCRR Part 617 (“SEQR”) the Project is classified as an Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor have conducted an Uncoordinated Review of the Proposed Action under SEQR and is the Lead Agency for the SEQR review of this Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor reviewed a Short Environmental Assessment Form (Short EAF) Parts 1, 2 and 3 dated June 21, 2024. NOW THEREFORE BE IT RESOLVED, that pursuant to 6 NYCRR Part 617, State Environmental Quality Review, the Board of Trustees of the Village of Briarcliff Manor hereby confirms its Lead Agency designation for the SEQR Review of the Proposed Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the Proposed Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form (Short EAF Part 3). BE IT FINALLY RESOLVED that this SEQR Negative Declaration resolution shall have an effective date of July 2, 2024. Roll Call: Trustee Hunt Aye Trustee Mallett Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye SEQR Law Park Drainage Project Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: LEAD AGENCY DETERMINATION BE IT RESOLVED that the Village of Briarcliff Manor Board of Trustees issues this Notice of Intent for the purpose of determining lead agency pursuant to the requirements of the State Environmental Quality Review Act (SEQRA) and Part 617 (6NYRR Part 617), the Statewide implementing regulations pertaining to SEQRA. If no written objections are received the Village of Briarcliff Manor Board of Trustees will assume lead agency 30 days after the date of this notice. This notice has been prepared pursuant to Article 8 of the Environmental Conservation Law. Project Title: Law Park & Pine Road Drainage Improvements Project Location: From Law Park Retention Pond 1031 Pleasantville Road, Briarcliff Manor, Westchester County, New York along Pine Road. SEQRA Type: Unlisted Action Project Description: The Village of Briarcliff Manor is proposing the installation of a new drainage line to provide additional relief to the Law Park retention pond and village's park and the reconstruction of pine road to install an adequate drainage system where none currently exists. The new drainage infrastructure proposed within Law Park will provide an increase in conveyance capacity from the pond to the outfall just upstream of the Pocantico River. The reconstructed roadway & new drainage within Pine Road will provide underground conveyance of stormwater and reduce flooding and erosion of the properties on the east side of Pine Road. Contact Person: Christine Dennett, Village Clerk Briarcliff Manor, NY 1111 Pleasantville Road Briarcliff Manor, New York 10510 Phone: 914-941-4800 cdennett@briarcliffmanor.gov PLANNING BOARD REFERRAL Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that on its own accord, the Village Board of Trustees is permissively referring this matter to the Planning Board for its commentary. The Planning Board is not being required to respond to this referral if it has nothing to add. Schedule Public Hearing to amend Chapter 220, Table 4 Permitted Lot Sizes, Setbacks, Height Requirements (Commercial) Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the July 16, 2024 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 220, Table 4 Permitted Lot Sizes, Setbacks, Height Requirements (Commercial) and Chapter 220-2, Definitions of the Code of the Village of Briarcliff Manor. Request Resumes for LDC Members Mayor Vescio explained what an LDC is and what their purpose is. The Board put out a call for volunteers and asked that it be added to the website. Anyone interested can also send their resume to BOT@briarcliffmanor.gov. Fire Department Membership – Dengler The Board thanked the new member for volunteering. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, 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 Kenneth Dengler to the Scarborough Engine Company. Minutes Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the minutes of the June 18, 2024 regular meeting. Adjournment Upon motion by Trustee Hunt, seconded by Trustee Mallett, the Board voted unanimously to adjourn the regular meeting at 8:24pm. Respectfully Submitted By, Christine Dennett Village Clerk/Assistant Village Manager