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Board of Trustees Minutes 03/06/2008
Village Board of Trustees
Regular Meeting
March 6, 2008
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 6th of March 2008 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
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel

Absent
Gayle Waxenberg, Trustee

Public Hearing, Special Use Permit, American Anglican Church (Holy Innocents)

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to open the public hearing.  

Mayor Vescio stated that no complaints or violations were on record.  

Mr. Clay Tiffany of Hall Road stated he didn’t think it was a legitimate church and the property will be sold for a large profit.  He further stated he thought they should pay property taxes.  

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to close the public hearing.  

Deputy Mayor Venditti stated he was a member of Rotary with Reverend Herzog but had no financial ties to his organization.  

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Special Use Permit issued to American Anglican Church (Holy Innocents) is hereby renewed subject to the same conditions included in the original Special Use Permit approval dated May 1, 2003.  

BE IT FURTHER RESOLVED that the Special Use Permit renewal shall extend to May 1, 2013.  

BE IT FURTHER RESOLVED that should the American Anglican Church (Holy Innocents) desire to renew this Special Use Permit for another five year period, commencing in 2013, the Church shall be responsible for requesting the renewal at least sixty (60) days prior to the expiration of the Special Use Permit.  

Board of Trustees Announcements by Trustee Mayer
  • BriCA is hosting an event on April 13th at 5pm at the Rosecliff Mansion
  • The Manor Monthly has important information regarding recycling
  • Stash the Trash will be on April 5th from 10am-3pm at the Youth Center with a rain date of April 12th
Don’t forget the clocks are springing forward this upcoming Saturday
  • Village Manager Blau has taken a new position and will be headed to Tarrytown.  He will be sorely missed and the Board wishes him the best of luck.  Ingrid Richards will be appointed as Interim Village Manager.  
Village Managers Report By Village Manager Blau
  • The Westchester County Mobile Shredder will be at Village Hall on March 29th
  • Interested parties can sign up to automatically receive notices and emails about upcoming events through the website
Public Comments

Mr. Clay Tiffany stated issues he had with members of the Police Department and Department of Public Works employees.  He asked the Board to provide studio space for public access television.  

Village Manager Blau stated there was no requirement for the Village to provide studio space regardless of franchise fees.  

Discussion of Request from Briarcliff Little League modifying the scheduling of Neighborhood Park for practices and games

Mayor Vescio stated the discussion would be about the modifying the Little League schedule at Neighborhood Park not about improvements or future use.  He further stated the Village had limited fields and the Board was trying to find better ways to utilize them.  He stated the Village parks were for the use of the entire Village not just the neighborhood it’s in but they wanted to me mindful of the neighbors.  

Ms. Marla Robbins of 47 Fuller Road stated she read the noise ordinance from 1993 and the noise level coming from the field is not in compliance.  She stated when the deal was first brokered the field was supposed to be used as a last resort.  She invited the Board to her home to see what she had to tolerate.  

Mr. Ray Marinnacio of 34 Juniper Place and the Commissioner of Little League Baseball stated he was speaking on behalf of the 200 families that are part of Little League.  He stated the field would be used for younger children with the coaches pitching the games.  He stated their games were typically shorter and the teams didn’t practice as often.  He further stated the league wanted to end the games by 1pm in order to not conflict with AYSO soccer.  He stated they were hiring a person to monitor the parking and to clean up the park after the games and practices.  

Ms. Renee Ertischek of Fuller Road stated she was a first grade teacher and knew the needs of 7 year olds.  She stated the children needed to be taught to make choices and double headers were unrealistic for that age group.  She stated the baseball schedule interfered with the neighborhood and impacted it greatly.  She asked that their green space be respected.  

Mr. Bryan Zirman of 174 Pine Road stated he didn’t have children playing baseball but the problem is a shortage of fields.  He stated he understood the concerns of the neighborhood but Little League was a good neighbor and had done a lot for the community.  He stated he thought their request should be granted.  

Mr. Dennis Robbins of 47 Fuller Road stated the proposed change was substantial and there was a large difference between games and practices.  He stated weekend games impacted the neighbors.  He stated the field was supposed to be used as a last resort and it was no permanent with no end in sight.    

Mr. Gary Gersten of 29 Fuller Road stated he knew the importance of playing but there was a world of difference between games and practices.  He stated people were always coming onto his property to pet his dog and it was a liability.  He stated the Fire Chief parked under the No Parking sign.  

Mr. Clay Tiffany of Hall Road stated he thought it was mind boggling that 7 and 8 year olds wanted to play 3 sports concurrently and maybe that was why children got burned out.  

Mr. Marinaccio stated he received many calls from parents whose children wanted to play 2 sports.  

Deputy Mayor Venditti asked what time the games began in the prior year.  

Mr. Marinaccio stated 10:00am.  

Mayor Vescio asked if it was possible to begin the games earlier to have a larger buffer between them.  

Deputy Mayor Venditti stated the parking coordinator was a good idea and would like to see a half hour buffer between games.  He further stated he was sympathetic to the traffic and parking issues and would like Little League to keep a cap on the negative effects on the neighborhood.  

Mayor Vescio stated the Board was in a difficult position and wished the request had been brought before them sooner.  He further stated field availability was an issue throughout the village and the Board was working with “The Club at Briarcliff Manor” to develop a field before their construction began.

Mr. Rod Ertischek stated the thought that Little League was buying their way left a bad taste and suggested they get together with AYSO and lacrosse to parcel it out.    

Ms. Tina Messina of 43 Schrade Road 30 games and 7 practices was a little too much for the residents to deal with.  She stated it was supposed to be a temporary field 13 years ago and it was unfair.  She stated she had never complained before but would start if there were any issues.  

Trustee Mayer stated he was sympathetic to both sides but the park was for the village as a whole not just the neighborhood.  He stated that when the field at the former Kings College site was built it would alleviate some of the pressure.  He stated hoped Little League would be sympathetic to the neighborhood and the Board would continue to look for solutions.   

Trustee Smith stated she agreed with Trustee Mayer and it was important to have a vibrant recreation program.  She stated she respected the situation and would support the amendment for one year to see how it works.  

Deputy Mayor Venditti stated the Board was always trying a balancing act and he would vote in favor of providing the children with additional recreation activities.  He stated it was incumbent upon Little League respecting the neighborhood and hoped next year the Board would have more time to evaluate the proposal.  

Mayor Vescio stated he echoed the other Board members and the Board had an obligation to the Village as a whole.  He stated the Village had to do a better job of managing the fields and if not they would all be destroyed.  He stated he would vote to approve the request but it would be monitored.  

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to amend the Little League schedule at Neighborhood Park.  

Amend Master Fee Schedule – Recreation Fees

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, 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 as follows:

RECREATION DEPARTMENT FEES              FROM            TO

Pool Guests of Seasonal Permit Holders             $   5.00           $ 10.00
Pool 10-Visit Guest Pass – Prepaid              $ 40.00       $ 80.00

Appropriation of Fund Balance, Police Department Retirement

Mayor Vescio asked if a dedicated fund balance could be set up.  

Village Attorney Smith stated a fund could be set up but the Board would still have to appropriate monies and take action on it.  

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Board of Trustees does hereby appropriate $44,732.33 of Fund Balance in the General Fund to fund contractual obligations relating to the retirement of a member of the Police Benevolent Association.  

Appropriation of Water Fund Capital Reserve, Capital Projects for Washburn Road Water Line Replacement Project

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 appropriate $48,192.66 from the Water Fund Capital Reserve, Capital Projects account to the Capital Water Projects Fund for the Washburn Road water line replacement project (H8397.201.06570).

BE IT FURTHER RESOLVED that the Board of Trustees does hereby transfer $5,980 from the Capital Water Projects Fund for the Cement Lining Project (H8397.201.W5311) to the Water Fund Capital Reserve, Capital Projects.

Approval of Hazard Mitigation Plan

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

WHEREAS, the Village of Briarcliff Manor, with the assistance from Tetra Tech EM Inc., has gathered information and prepared the Village of Briarcliff Manor All Hazard Mitigation Plan “Plan”; and

WHEREAS, the Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and

WHEREAS, The Village of Briarcliff Manor has afforded the citizens an opportunity to comment and provide input on the Plan, and

WHEREAS, The Village of Briarcliff Manor has reviewed the Plan and affirms that the Plan will be updated no less than every five years.

NOW THEREFORE, BE IT RESOLVED the Board of Trustees of The Village of Briarcliff Manor hereby that adopts the All Hazard Mitigation Plan and resolves to execute the actions in the Plan.

Schedule Public Hearing, Amendment to Chapter 90 of the Briarcliff Manor Code with Respect to Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that a Public Hearing is hereby scheduled for the April 17, 2008 Board of Trustees meeting to amend Chapter 90 with respect to the administration and enforcement of the New York State Uniform Fire Prevention and Building Code.    

Library Board Appointment   

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 of the Village of Briarcliff Manor hereby makes the following appointment:

Cathy Burkard to the Library Board for a five year term to expire on December 31, 2012.  

Adjournment

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the meeting at 9:05pm.

Respectfully submitted by,

Christine Dennett