Village Board of Trustees
Regular Meeting
December 18, 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 18th of December 2008 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Elsie Smith, Trustee
Gayle Waxenberg, Trustee
Also Present
Ingrid Richards, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Proclamation Briarcliff Manor Girls Soccer Team
Mayor Vescio congratulated the soccer team on their accomplishment and read the proclamation aloud.
Board of Trustees Announcements by Trustee Waxenberg
- The Library is nearing completion and the dedication will be in late February or early March.
- Please drive carefully and watch for black ice. Don’t park on the roadways.
- The Board of Trustees wishes all residents a safe holiday season.
Village Managers Report by Village Manager Richards
- Village Taxes are due 12/31
- The PBA is sponsoring a toy drive until 12/22
- Happy Holidays to all
Public Comments
Mr. Clay Tiffany of Hall Road stated Deputy Mayor Venditti gave justification for the Village endorsing two religions and asked which children the display was for? He further stated the Village endorsing religions is unconstitutional and the display offends him.
Deputy Mayor Venditti didn’t say the Village endorsed the religions he said a Federal Judge stated the current display didn’t violate the constitution.
Authorize Village Manager to Execute Agreements:
Agreement with Westchester County – Cablevision Lightpath Inc.
Village Manager Richards explained the agreement and stated the Village was looking into using them for voice services as well for a potential cost savings.
The Board requested language be added to the agreement enabling the Village to opt out of the agreement if it wished and tabled the matter to the next meeting.
Memorandum of Understanding with Westchester County for remote access to the County Clerk’s Public Viewer for Land and Legal Records
Mr. Clay Tiffany asked if the application allowed for access to criminal records and if the general public could come in and use it.
Village Attorney Smith stated only records that are open to the public could be viewed and it was available for intra-governmental use only and it wasn’t for the Village to stipulate what the County made available.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Memorandum of Understanding with Westchester County for remote access to the County Clerk’s Public Viewer for Land and Legal Records.
Agreement with New York State Department of Transportation – Snow and Ice Agreement 2010-2011
Mayor Vescio requested information on how the State would deal with the escalating cost of road salt.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with the New York State Department of Transportation to extend the Indexed Lump Sum Municipal Snow and Ice Agreement for the period from July 1, 2010 through June 30, 2011.
Inter-municipal Agreement with Ossining (Town and Village) for New York State Department of State Local Government Efficiency Grant 2008-2009 Program Year– Local Government Efficiency Evaluation - Police, Public Works/Highway Feasibility Study
Village Manager Richards explained the application.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized to enter into an Inter-municipal Agreement with the Town of Ossining and the Village of Ossining for the purpose of applying for a grant from the New York State Department of State - Local Government Efficiency Grant 2008–2009 Program Year.~
Submission of Grant to New York State Department of State for Local Government Efficiency Grant 2008-2009 Program Year– Local Government Efficiency Evaluation - Police, Public Works/Highway Feasibility Study
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
WHEREAS, The Village of Ossining, the Town of Ossining and the Village of Briarcliff Manor have agreed to enter into an Inter-municipal Agreement to submit a co-application for the New York State Department of State Local Government Efficiency Grant 2008 – 2009 Program Year, said application shall be entitled Ossining (Town and Village) and Briarcliff Manor – Local Government Efficiency Evaluation - Police, Public Works/ Highway Feasibility Study; and
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WHEREAS, The purpose of said application is to investigate possible cost savings, efficiencies and opportunities that might be achieved through additional shared services among the neighboring municipalities; now therefore be it
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RESOLVED, that the Village of Briarcliff Manor Board of Trustees hereby authorizes the Village Manager to submit, on behalf of the Village of Briarcliff Manor, a co-application to the Local Government Efficiency grant program for the 2008-2009 program year, said grant application includes the Town and Village of Ossining and the Village of Briarcliff Manor; and it is further
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RESOLVED, that the maximum amount of grant requested for all three co-applicants is $26,000, the Village of Briarcliff Manor share of the local required match shall be $867.00.
Mr. Clay Tiffany asked to whom the grant would be submitted and stated he thought the Police Department should be abolished to save money.
Adoption of Open Space Policy
Mayor Vescio stated it was the first time a formal Open Space Policy had been adopted in the Village’s history and thanked Trustee Waxenberg and the Conservation Advisory Council for all their hard work. He read a letter from CAC Chairperson, Maryann Gallagher regarding the adoption of the policy.
Trustee Waxenberg thanked all of the members of the Planning Board and the Zoning Board of Appeals that helped.
Trustee Mayer stated it wasn’t an easy project to accomplish and it was long overdue.
Trustee Smith requested the policy be put on the website.
Mr. Clay Tiffany requested more information on the Scarborough Corridor and stated that Hillary Messer who was on the committee was trying to develop in open space that would have punitive ecological consequences and it was a conflict of interest.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees hereby approves the following Open Space Policy:
Open Space is land that is not intensively developed for residential, commercial, industrial or institutional use. It serves many purposes, whether it is publicly or privately owned. What determines open space depends in part on its surroundings. A vacant lot, community garden or small marsh can be open space in a big city. A narrow corridor or pathway for bicycling is open space even though it may be surrounded by developed areas.
For the purposes of the Open Space Policy of the Village of Briarcliff Manor, open space land will be defined as:
- Any land area zoned for open space by an adopted comprehensive land use plan.
- Any land area in which the preservation in its present use would:
- Conserve and enhance natural resources
- Protect streams or water supply
- Promote conservation of soils, wetlands, or river banks
- Enhance the value to the public of abutting or neighboring parks, forest, wildlife preserves, nature reservations or other open space
- Enhance recreation opportunities
- Preserve historic sites
The Briarcliff Manor Comprehensive Plan, adopted by the Board of Trustees on December 6, 2007 states in Section 3.1, Village-Wide Vision:
The vision for the Village’s future is based upon protecting its neighborhoods and the natural environment. To protect and enhance the good quality of life in the Village, we will:
- Provide open space, parks and both passive and active recreation opportunities for all villagers.
The adoption of this policy is designed to address how the Village will provide for and protect, open space, which shall include but not be limited to:
- Recreation space, both active and passive
- Undeveloped expanses of land in their natural state
- The Village’s scenic location along the Hudson River
- Natural buffering in areas of new development
- Unique habitats
- Significant natural features
POLICY STATEMENT
It shall be the policy of the Village to encourage preservation of open space as an important element in shaping development in Briarcliff Manor as the Village strives to preserve its aesthetic and environmental qualities.
At present, the Village’s open space parcels falls into the following ownership categories:
Village owned.
- Previously designated as parkland or deed restricted
- Land not designated or deed restricted
Privately owned in residential zoning districts. (Some property with conservation easements or deed restricted).
Corporate and Institutions.
Business Recreation (golf courses)
Owned by religious institutions
Owned by other governmental entities
Schools and universities
The Board of Trustees shall work to maintain the open space character of the Village.
1. Village owned Open Space
Assure that parcels owned by the Village, and not needed for other municipal purposes to include, but not be limited to a) dedication of the land as parkland; or b) evaluate for possible sale with portion of the proceeds available for the acquisition/preservation of other open space parcels
2. Acquisition of Open Space.
- At the discretion of the Board, make funds available, for partnership with existing land trusts, (including budget appropriations, financing mechanisms, donations of monies for land purchases, or fundraising techniques) for the purchase of open space. Consideration will be given in the decision making process to the following:
- The purchase is essential to the preservation and maintenance of the open space
- Other options for its preservation have not succeeded or are unlikely to succeed.
- Encourage private donation(s) of land for Village open space.
- Seek grant monies available for purchase/preservation and maintenance of open space
3. Private Conservation Efforts
The Village shall support and encourage private conservation efforts which result in the preservation of open space, including conservation easements and land trusts.
4. Manage future growth on current undeveloped large parcels of land through the use of planning, legislative and discretionary tools
The Board of Trustees and the Village land use boards shall consider the following legislative actions to manage development and preserve open space, including but not limited to:
- Upzoning
- Conservation subdivisions
- Resident purchase of “buffer” property between private lot and open space.
- Open Space dedication or fees to land trust in lieu of such dedication.
- A requirement that a certain percentage of land that is the subject of a subdivision be proportionally reserved and maintained as open space
- Preservation or creation of natural roadside buffers.
- Provide for proper maintenance of open space areas (e.g. provide for maintenance requirements in site plan approvals or special use permits which are clear to the property owners responsible for maintenance and the Village staff responsible for enforcement).
Strengthen tree preservation laws to (a) restrict clear cutting of trees for new subdivisions as well as buffers to existing homes that may alter Village character.
- Linkages/Access/Maintenance
The Village shall provide safe access to all active and passive recreation parcels. For the purposes of this policy active and passive recreation parcels are identified below:
Active:
- Jackson Road Park
- Neighborhood Park
- Law Park
- Chilmark
- McCrum Field
Passive:
- Nichols Open Space Area
- Cedar Drive Open Area
- Pine Road Park
- School Road Open Area
- Farm Road Open Area (adjacent to Erani and Mearl)
- Pocantico Park
- Aspinwall Open Space Area
- Scarborough Park
- The Village shall work with other governmental entities to create linkages and access between Village open space and open space maintained by those other governmental entities (local, county and state parks and open space).
- Where linkages are possible, the Village shall work to create trailway systems to connect the open spaces.
- Where linkages are possible, the Village shall work to create access and or parking areas adjacent to the linked areas to provide for residents and other persons to safely access
Fire Department Membership
Trustee Smith stated the Fire Department did a wonderful job recruiting and thanked all of those that volunteer.
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 of the Village of Briarcliff Manor hereby approves the membership of Charlie Gross to the Briarcliff Manor Fire Company.
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 approves the membership of Shaun Bennett to the Briarcliff Manor Fire Company.
Mr. Clay Tiffany asked what disqualifies someone from becoming a member.
Change Meeting Date
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby change the meeting date originally scheduled for Thursday, January 1, 2009 to Thursday, January 8, 2009 at 7:30pm.
Upon motion by Trustee Mayer, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby change the meeting date originally scheduled for Thursday, January 15, 2009 to Thursday, January 22, 2009 at 7:30pm.
Schedule a Public Hearing to Amend Chapter 220, Schedule Limiting the Use of Buildings and Land and the Location, Arrangement, Bulk and Size of Buildings Pertaining to Permitted Principal Uses in the Retail Business B1 Zoning District
Village Attorney Smith explained the reasoning for the amendment to the law.
Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public hearing is scheduled for the January 8, 2009 Board of Trustees meeting to amend Chapter 220, Schedule Limiting the Use of Buildings and Land and the Location, Arrangement, Bulk and Size of Buildings Pertaining to Permitted Principal Uses in the Retail Business B1 Zoning District.
SEQRA for Water Project
Mayor Vescio explained the process and the timing issue with the Village of Tarrytown. He requested the final document be redistributed to the Board as soon as possible.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Waxenberg, the Board voted unanimously to schedule a special meeting for December 22, 2008 at 7:00pm for the consideration of a Negative Declaration.
Minutes
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, and one abstention from Trustee Waxenberg the Board voted to approve the minutes of November 20, 2008.
Upon motion by Trustee Mayer, seconded by Trustee Smith, and abstentions from Trustee Waxenberg and Deputy Mayor Venditti, the Board voted to approve the minutes of December 4, 2008.
Adjournment
Deputy Mayor Venditti stated in his six years on the Board he never once heard Clinton Smith advise the Board not to take action on Clay Tiffany’s lawsuit.
Village Attorney Smith thanked Deputy Mayor Venditti for his comment.
Mayor Vescio wished everyone a Merry Christmas, Happy Hanukkah and a Happy New Year.
Upon motion by Trustee Waxenberg, seconded by Trustee Mayer, the Board voted unanimously to close the regular meeting at 8:35pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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