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Board of Trustees Minutes 08/21/2008
Village Board of Trustees
Regular Meeting
August 21, 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 21st of August 2008 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Elsie Smith, Trustee

Also Present
Ingrid Richards, Interim Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel

Absent
Robert Mayer, Trustee
Gayle Waxenberg, Trustee

Public Hearing – Amend Special Use Permit, St. Theresa’s Catholic Church

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

Mr. Clay Tiffany stated the shopping center that houses Squire’s was chastised for the size of their signs.  He asked if each entity had to go before the Board for approval.  

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

Mayor Vescio stated the Church’s sign was before the Board because they had a Special Use Permit and they had to comply with the same law as everybody else.  He further stated the Board felt it wasn’t a significant change to their use and it would be an attractive addition to their site.  

Deputy Mayor Venditti stated he was a parishioner of the Church but had no financial interests.  

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

WHEREAS, by Resolution adopted October 3, 1996 (“Original Special Use Permit Resolution”), the Board of Trustees of the Village of Briarcliff Manor issued a Special Use Permit for continued operation as a place of worship to St. Theresa’s Catholic Church (“Special Use Permit”); and
WHEREAS, by Resolution adopted November 15, 2007, the Board of Trustees approved certain site changes under the Special Use Permit, and by Resolution adopted January 17, 2008, the Board of Trustees renewed the Special Use Permit for a period to expire on October 3, 2013; and
WHEREAS, by Resolution adopted August 12, 2008 (“Site Plan Amendment Resolution”), the Village of Briarcliff Manor Planning Board amended the Site Plan for St. Theresa’s Catholic Church to approve and permit the use of an oversized sign (23.87 sq. ft.) as shown on the annexed drawing (“Sign”); and
WHEREAS, as a condition of the Site Plan Amendment Resolution, St. Theresa’s Catholic Church has applied to the Board of Trustees to amend its Special Use Permit to acknowledge the use of the Sign;
NOW THEREFORE, BE IT RESOLVED THAT the Special Use Permit as renewed for St. Theresa’s Catholic Church by Board of Trustees Resolution adopted January 17, 2008, is hereby amended to reflect the use of the Sign, subject to all of the terms and conditions of the Site Plan Amendment Resolution, a copy of which is annexed and made a part of this Resolution, to all of the terms and conditions of this Resolution, and to all of the terms and conditions of the Original Special Use Permit Resolution and subsequent renewals thereof as same may be modified therein or by this Resolution; and
BE IT FURTHER RESOLVED THAT the violation of any term or condition of the Special Use Permit shall place the Special Use Permit and any associated Certificate of Occupancy in jeopardy and subject to revocation by the Village; and
BE IT FURTHER RESOLOVED THAT except as otherwise provided herein, all other terms and conditions of the Special Use Permit shall remain in full force and effect.
Public Hearing – Amend Chapter 220, Zoning

Mayor Vescio explained the amendment to the Zoning Code.  

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

Mr. John Mickel, Trustee of Briarcliff Congregational Church, stated he was in support of the application and they were a fantastic tenant.  He further stated the School would be a great addition to the Village.  

Mr. Clay Tiffany asked if there was a possibility the For Profit portion still wouldn’t be taxed.  He asked for clarification between what was there before and what was being proposed.  He asked for a ballpark figure of what their profits would be and how much the rent was.  He stated he has always thought religious organizations should be taxed.  

Mr. Carmine Principato, Accountant for the Applicant, stated the tenant and the church had a lease agreement.  He further stated the Garden School had two other schools in the City that were operated as Not for Profits.  

Mayor Vescio stated the lease information was between the Church and the tenant.  He further stated the Village was not an assessing unit but language was added to ensure they notify the Town Assessor that there is a change in the use of the facility.  He commended Attorney Smith for a great job in crafting the language.  

Deputy Mayor Venditti stated rather than another conspiracy theory he hoped Mr. Tiffany would give the Board a little credit for going the extra step mandating they notify the Assessor.  He stated as far as the rent, it wasn’t an inquiry the Board could make but it would be information the Assessor would be interested in when making her decision.  He suggested Mr. Tiffany submit a FOIL request to her at some point.  

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

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 declare that the amendment to the Code of the Village of Briarcliff Manor, Chapter 220, Zoning, Section 6, Special Use Permit and the Schedule Limiting the Use of Buildings and Land in Residential Districts will not have an significant adverse impact on the environment and authorizes the issuance of a negative declaration.

Upon motion by Trustee Smith, 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 Chapter 220, Zoning, Section 6, Special Use and Schedule Limiting the Use of Buildings and Land in residential districts.  

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
WHEREAS, by Resolution adopted July 13, 1995 (“Original Resolution”), the Board of Trustees of the Village of Briarcliff Manor issued a Special Use Permit for operation of a nursery school to the Briarcliff Congregational Church (“Special Use Permit”), and by resolution adopted January 4, 2007, the Board of Trustees renewed the Special Use Permit subject to the same and additional conditions included in the Original Resolution for a period to expire on July 12, 2010; and
WHEREAS, the Original Resolution issued the Special Permit under Village Zoning Ordinance 4(B); and
WHEREAS, the current Village Code authorizes issuance of a Special Use Permit for operation of a nursery school under Section 220-6(J)(10) in the case of a privately operated day-nursery school not operated for profit and under Section 220-6(J)(10A) in the case of a privately operated for-profit nursery school;  
NOW THEREFORE, BE IT RESOLVED THAT the Board of Trustees declares its understanding and intent that the Special Use Permit as issued under the Original Resolution and as renewed allows operation of a nursery school under either Village Code Section 220-6(J)(10) or Village Code Section 220-6(J)(10A) subject, in either case, to submission to the Village Building Department of documentation evidencing compliance with the applicable Village Code Section; and
BE IT FURTHER RESOLOVED THAT except as otherwise provided herein, all other terms and conditions of the Special Use Permit shall remain in full force and effect.
Public Hearing, Amendment to Special Use Permit, Briarcliff Manor Investors

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

Mr. William Null, Attorney for the Applicant, stated he hoped the application could continue to move forward.  

Mr. Matt Philips explained the State application process and gave an overview of the project.  

Mr. William Null stated the water system and the stealth monopole would remain the same but the monopole would be relocated for better accessibility.  

Mr. Rich Rosen, Architect for the Applicant reviewed the elevations and architecture for the upper village.  

Mr. John Sullivan and Ms. Michele Lee, Architects for the Applicant reviewed the design of the lower village.  

Mr. David Kane of 365 Elm Road asked how people would access the upper village from the lower village.  

Mr. Philips explained the shuttle service and valet parking service that would be available.  

Ms. Marina Pearce of 100 Lodge Road stated she was very supportive of the Hyatt plan and their use of the property.  She stated she was happy to see the applicant scaled down the project but was concerned the large building was moved closer to her home.  She stated it would affect her property value and noise levels would be increased.  She requested the hearing be continued to another date.  

Mr. Philips stated they had some ideas to address the Pearce’s concerns and would be happy to meet with them again.  

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to adjourn the public hearing to a future date.  

Mayor Vescio commended the applicant for making it a better project.  He stated the Village has held off on infrastructure repairs and was short on playing fields.  He stated he’d like to see the applicant come up with a scheme to build the water tank and the field before the first building permit is issued.  He further stated he realized 50% of units needed to be sold before a building permit could be issued.  

Mr. Philips stated there were a couple of elements from their standpoint as owners and they hadn’t contacted the State regarding the number of units to be sold yet.  He stated assuming they could figure out a way to do it there were risk factors involved on how successful the project would be.  He stated some items warranted early work and Steve Grogg came up with a conceptual plan.  

Mr. Steve Grogg explained the plan for the water tank and the field.  

Public Hearing, Amendment to Special Use Permit, Clearview School

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

Mr. Bill Rapp of 85 River Road stated whatever happened on the School’s property affected him greatly.  He stated the traffic in that area was very dangerous and there was recently a fatal accident.  He asked for further clarification.  

Mr. Paul McCaffrey of River Road stated he didn’t want this to open the door to allow the School to sell off the land.  He asked if the property would still be for School use only.  

Mr. Clay Tiffany asked if the school was nonprofit and if they were off the tax rolls.  

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

Mayor Vescio stated the Board had the same concerns and they expressed their concerns to Counsel.  

Village Attorney Smith stated he tried to call their attorney but hadn’t heard back yet.  

Mayor Vescio requested the applicant’s attorney be present at the next meeting and further requested the matter be tabled.  

Village Managers Report by Interim Village Manager Richards
  • Cablevision announced on September 6th the Public and Educational Access Channels would be transmitted digitally.  
  • The drainage projects are scheduled to commence the first week in September.  
  • Community Day is on September 6th starting at 2pm.    
Public Comments

Mr. Clay Tiffany stated the FBI told him to discuss his issues with the BMPD and the Chief wouldn’t see him.  He stated false police reports were filed against him.  He further stated he reported to the police a car was parked illegally and he was harassed by the Officer.  He further stated he reported fire crackers being set off near his home and they could start a fire.  

Mayor Vescio stated the Board has not ever directed who employees should meet with.  

Award of Bid – Tree Trimming Services

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

BE IT RESOLVED that the bid for Tree Trimming Services (VM-0809-03) is hereby awarded to Ramos SV Tree Care Services of Yonkers, New York per their bid of $1,195.50 per day.

BE IT FURTHER RESOLVED that the Interim Village Manager is hereby authorized and directed to execute a contract with Ramos SV Tree Care Services for Tree Trimming Services.  

Authorize Interim Village Manager to execute an agreement for Professional Services, Pocantico River Flood Control Project

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Interim Village Manager is hereby authorized and directed to execute a Professional Services Agreement with Dolph Rotfeld Engineering, P.C. to provide engineering services relative to the preliminary design phase for the Pocantico River Flood Control Project per their proposal of $67,500.  

Minutes

Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board voted to approve the minutes of August 7, 2008 as amended.  

Adjournment

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to close the regular meeting at 9:15pm.

The Board adjourned the regular meeting and reconvened as the Board of Police Commissioners.

Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board of Police Commissioners voted unanimously to open the meeting.  

Approval of Light Duty Policy

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

BE IT RESOLVED that the Board of Police Commissioners does hereby approve the following Light Duty Policy 111:

Policy:

It shall be the policy of the Briarcliff Manor Police Department to provide appropriate temporary modified duty assignments to police officers assigned to General Municipal Law Section 207-c status.  The Briarcliff Manor Police Department will provide two(2) modified duty positions at any one time.

Background:

This policy is being established to assist the Department in providing appropriate work assignments to officers who are able to perform some, but not, all of the essential job duties of a police officer, as defined in Attachment A and who have been cleared for a modified duty assignment pursuant to Article 23, Section 7 of the Village/PBA collective bargaining agreement

Definitions:

Eligible officer:

A police officer who was granted GML 207-C status, is able to perform some, but not, all of the essential job duties of a police officer, and has been cleared for a modified duty assignment pursuant to Article 23, Section 7 of the Village/PBA collective bargaining agreement.  The officer must be and remain throughout the assignment able to perform all of the essential duties of the temporary assignment, including but not limited to being fully firearms qualified. The officer should expect to be required by the Claims Manager to provide monthly medical documentation satisfactory to Claims Manager of, among other things, (i) the officer’s medical condition; (ii) its expected duration; (iii) the restrictions, if any, on the officer’s ability to perform the essential duties of a police officer; (iv) the restrictions, if any, on the officer’s ability to perform the essential duties of the temporary assignment; and (v) the restrictions, if any, on the officer’s ability to perform the other duties of the temporary assignment.  

An officer who is unable to perform all of the essential duties of a police officer, and/or who is ineligible for a temporary assignment pursuant to this Policy, and/or who become no longer eligible to continue in the temporary assignment, shall not be permitted to report for duty, and may instead utilize accrued unused benefit (e.g., sick leave, vacation leave, personal leave, compensatory time, etc.) time, if any.  
                
Temporary Modified Duty Time Limit:
The time an officer is assigned to modified duty.

The officer may remain in the assignment until able to perform all of the essential duties of a police officer, but in no event shall the assignment exceed 6 cumulative months’ duration.   

Modified Duty:

The assignment designated by the Department to be the modified duty assignment.

The assignment, including but not limited to location, chart, tour of duty, work duties and the duration of the assignment, shall be made at Department’s discretion, subject to relevant medical restriction(s) and any applicable provisions of the Village/PBA collective bargaining agreement.  

Other:
Nothing herein shall in any way be construed as modifying the Village’s right to separate an officer from employment pursuant to Civil Service Law Section 71, 72, 73 and/or other provisions of law and/or the provisions of the Village/PBA collective bargaining agreement.

Attachment A

  • Work at the police desk answering telephone calls and 911 emergency calls.
  • Dispatch officers to calls for service
  • Assist the detective with filing and evidence handling when appropriate
  • Assist with maintaining the Police Department record keeping computer program by ensuring that the program is up to date and the reports and names are correct.
  • Assist with the update of the alarm permit contact information
  • Work with the police department administrative assistant to process alarm permit renewals
  • Any additional assignments as may be assigned by the Chief of Police or his designee that is within the officer’s limitations on modified duty.
Adjournment

Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board of Police Commissioners voted unanimously to close the meeting at 9:20pm.

Respectfully submitted by,

Christine Dennett