Village Board of Trustees
Regular Meeting
September 20, 2007
7:30 p.m.
The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York of the 20th of September 2007 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Elsie Smith, Trustee
Also Present
Michael Blau, Village Manager
Ingrid Richards, Assistant Village Manager
Clinton Smith, Village Counsel
Absent
Gayle Waxenberg, Trustee
Christine Dennett, Village Clerk
Public Hearing to Repeal Chapter 127, Flood Damage Prevention and Enact New Chapter 127, Regulating Floodplains
Upon motion by Deputy Mayor Venditti, seconded by Elsie Smith, the Board voted unanimously to open the public hearing.
Trustee Smith stated the Board had to enact the law to ensure that Village residents who own homes in the floodplain areas could continue their flood insurance.
Margo Berger, 2 Elizabeth Court stated she heard New York State had recently revised the floodplain maps and asked whether the maps were available to the public.
Village Manager Blau stated the maps were developed by FEMA and were available in the Building Department. He stated that the Village Engineer reviewed the floodplain maps and there were no changes in the flood plain in Briarcliff Manor.
Clay Tiffany asked whether the condos on Ash Road and the new homes on Austin Place are located in the mapped flood plain.
Village Manager Blau stated that the condominiums on Ash Road are located in the flood plain and that he would have to review the maps in regards to the homes on Austin Place. He further stated that Mr. Tiffany could come in and review the maps.
Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the public hearing.
Deputy Mayor Venditti stated the model law could not be amended by the Board of Trustees without DEC approval. He asked if there were any other entities the Board would need approval from to amend the model law.
Village Attorney Smith stated he didn’t believe approval was necessary from any other governmental entity.
Deputy Mayor Venditti stated that there was a September 28th deadline to adopt the law to assure continued participation in the federal flood insurance program.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to adopt the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby repeal Chapter 127, Flood Damage Prevention and enact a new Chapter 127, Regulating Floodplains to the Code of the Village of Briarcliff Manor.
Board of Trustees Announcements
· The Conservation Advisory Counsel is leading “A Walk in the Woods” on September 29, 2007 at 10:00 a.m. at Kate Kennard Trail
· The Library construction is proceeding and the library parking lot will be relocated in the next couple of weeks.
· Don’t let children walk in the vicinity of the Library construction unescorted.
· The Recreation Department is hosting an annual golf outing on November 5th at Trump National Golf Course. The date was changed from October 29th. Residents are urged to submit an application in anticipation of a large demand and the need for a lottery.
Village Managers Report
· Village Manager Blau responded to a question was posed by Trustee Waxenberg at the last meeting regarding calls through the Police Department’s computer aided dispatch.
Trustee Smith suggested the Board should see the system in operation.
· A New York State permits were obtained for the reconstruction of the sanitary sewer at the library construction site and the Village was awaiting the permit for the new access point to the bike path.
· The Sleepy Hollow Drainage Project started minor work on Monday and major work commences this upcoming Monday.
Public Comments
Clay Tiffany stated that a former trustee told him that Manager Blau has a photo of Mr. Tartaglione lifting weights. Mr. Tiffany stated that he had problems with particular police officers and that he continued to have issues.
Margo Berger, 2 Elizabeth Court stated there was a traffic safety issue with vehicles on North State Road crossing over 9A and getting stuck in the middle of the road due to the fact that vehicles are turning into the shopping centers and other cars are blocking the access.
Mayor Vescio suggested that Ms. Berger send a letter to the Board voicing concern, along with anyone else who feels that this is a problem, and the Board will use that as a basis to send a letter to the DOT and the Village was working with the County and the State to develop a right hand turn lane, which should improve traffic flow through the intersection.
Amend Master Fee Schedule, Floodplain Development Permit
Mr. Tiffany stated he would like the Village Manager to check into a pond on Sleepy Hollow Road that appears to be filled with silt and is causing problems.
Mayor Vescio stated that the owner of the pond wanted to dredge the pond and the NYSDEC wouldn’t issue a permit.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Master Fee Schedule for the Village of Briarcliff Manor by adding a Floodplain Development Permit to the Building Department Fees and establishing the fee as $150.00 for the permit.
Appropriation of Fund Balance, Retroactive Pay for Police Union Per Collective Bargaining Agreement (2005-2009)
Village Manager Blau stated the retroactive payment was for members of the PBA for two full fiscal years and three months of current fiscal year.
Deputy Mayor Venditti stated it was a financial obligation of the Village in connection with settling the contract.
Mr. Tiffany asked if the new contract included language for steroid testing as well as growth hormone testing for all Police Officers.
Mayor Vescio stated the contract included the language.
Upon motion by Trustee Mayer and seconded by Deputy Mayor Venditti the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby appropriate $283,103.52 of Fund Balance in the General Fund to fund contractual obligations relating to retroactive pay for the Police Benevolent Association Collective Bargaining Agreement (2005-2009).
Appointment to Pavement Marking Committee
Deputy Mayor Venditti stated the Village came up with a new policy concerning pavement markings which established a Committee. He stated a member of the Board should be on the committee and with the Mayors background he would be the most appropriate.
Mayor Vescio stated it was the Boards intent was to create safer passages for both vehicles and pedestrians.
Mort Berger, 2 Elizabeth Court, noted that he believed that simply painting a double yellow line in the middle of Sleepy Hollow Road did not address the safety concerns of drivers at night.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board of Trustees voted unanimously to approve the following resolution:
BE IT RESOLVED that pursuant to the Policy regulating the Installation of Pavement Markings on Village Streets and Roadways, the Board of Trustees of the Village of Briarcliff Manor hereby makes the following appointment of a member of the Board of Trustees to the Road Safety Committee:
Schedule Public Hearing, Special Use Permit, New Cingular Wireless PCS, LLC (AT&T)
Mr. Daniel Laub, from Cuddy & Feder, distributed additional information to the Board of Trustees regarding the application.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the request for the issuance of a Special Use Permit for New Cingular Wireless PCS, LLC (AT&T) to install wireless telecommunications services facilities on the steeple at the Scarborough Presbyterian Church is hereby directed to the Planning Board for review and recommendation.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for November 1, 2007 Board of Trustees meeting to hear and consider a request from New Cingular Wireless PCS, LLC (AT&T) for the issuance of a Special Use Permit relating to the installation of wireless telecommunications services facilities on the steeple at the Scarborough Presbyterian Church.
Schedule a Public Hearing for Special Use Permit, The Clearview School
Assistant Manager Richards stated the applicant had an application for a subdivision before the Planning Board, but that the Planning Board could not hear the matter until the Special Use Permit for the operation of the school was renewed.
Mr. Tiffany stated that the not-for-profits were playing games with real estate, taking properties off of the tax rolls and then selling the properties for profit.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for November 1, 2007 to hear and consider a renewal of a Special Use Permit for the Clearview School.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the request for the renewal of a Special Use Permit for the Clearview School pursuant to Chapter 220, Zoning, Section 6J Special Uses in Residence Districts, Subsection 1 is hereby directed to the Planning Board for review and recommendation.
Acceptance of Comprehensive Plan Final Draft
Trustee Smith stated after a two year process, the Advisory Committee had finalized a draft of the Comprehensive Plan and submitted it to the Trustees. She further noted that the Plan would be given to the Land Use Boards and Advisory Committees to review and comment and that the Board would be scheduling more public hearings.
Deputy Mayor Venditti stated that they were not adopting the Plan, they were just receiving it.
Margo Berger stated she was very pleased that the Board of Trustees was referring the draft Comprehensive Plan to the Land Use Boards and she was interested to hear their comments. Ms. Berger noted that she had shared with the Board, at a previous meeting, a comment regarding the plan from a business owner.
Deputy Mayor Venditti stated they had a business owner on the Committee and that the approval of a Comprehensive Plan did not include the adoption or changing any laws. He further stated business owners were happy with the idea of redeveloping the eastside of 9A.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
WHEREAS, on November 3, 2005 the Board of Trustees hired the professional planning firm of BFJ to assist the Advisory Comprehensive Plan Committee (“Committee”) with the Village’s Comprehensive Plan; and
WHEREAS, the Committee held neighborhood meetings on the following dates and for specific areas to obtain input from Village residents: December 7, 2005, Tree Streets Area; January 11, 2006, Scarborough and Scarborough Station Road Areas; January 26, 2006, Chilmark, Briar Park and Trump Areas; February 1, 2006, Pine Road Area and February 9, 2006, 9A and Rosecliff Areas; and
WHEREAS, on June 28, 2006 the Committee hosted a public workshop in order to have a general discussion with Village residents on the Central Business District, Housing, Traffic Circulation and Recreation and Parks; and
WHEREAS, on July 31, 2007 the Comprehensive Plan Advisory Committee “Committee” held a public hearing on the Final Draft of the Comprehensive Plan (dated: May, 2007) “Plan”; and
WHEREAS, at the July 31, 2007 meeting the Committee provided all residents who wanted to be heard an opportunity to voice their concerns and issues on the Plan; and
WHEREAS, the Committee held a Committee meeting on August 15, 2007 and determined that the Plan as updated by the August 20, 2007 errata sheet is in an appropriate format for forwarding to the Board of Trustees; and
WHEREAS, the Final Draft Comprehensive Plan (September, 2007) document reflects the August 20, 2007 errata sheet changes; and
WHEREAS, the Committee has had numerous Committee and sub-Committee meetings between June 22, 2005 and August 15, 2007 to discuss all issues concerning the Comprehensive Plan and has sought input from the Village staff.
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees officially receives the Final Draft of the Comprehensive Plan (September, 2007).
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Trustees notes that it is the only body with authority to adopt the Comprehensive Plan and hereby declares itself lead agency for review of the Comprehensive Plan under the State Quality Review Act.
NOW, THEREFORE, BE IT FURTHER RESOLVED, THE Final Draft of the Comprehensive Plan (September, 2007) is hereby referred to the Planning Board, Zoning Board of Appeals and the Westchester County Planning Board for review and recommendation and to the Town of Ossining, Town of Mount Pleasant and the Village of Ossining for review and comment as they see fit.
Minutes
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the minutes of July 25, 2007 as amended.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the minutes of August 16, 2007 as amended.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the minutes of September 6, 2007 as amended.
Adjournment
Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the regular meeting at 8:55 p.m.
Respectfully submitted by,
Rhonda Alomar
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