Village of Briarcliff Manor - Board of Trustees Minutes 5/21/2009

Board of Trustees Minutes 5/21/2009

Village Board of Trustees

Regular Meeting

May 21, 2009

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 21^st of May 2009 commencing at 7:30 p.m.

Present

William J. Vescio, Mayor

David Venditti, Deputy Mayor

Robert Mayer, Trustee

Lori Sullivan, Trustee

Gayle Waxenberg, Trustee

Also Present

Philip Zegarelli, Village Manager

Christine Dennett, Village Clerk

Clinton Smith, Village Counsel

Stormwater Management Presentation, David Turiano, Village Engineer

Village Engineer Turiano stated it was the 6^th year of the program and reviewed the Village’s continuing requirements.

Deputy Mayor Venditti asked if the Village looked into using smart sponge to remove the chemicals.

Village Engineer Turiano stated they used traditional methods currently.

Mayor Vescio requested the Department of Public Works look at the pond in Neighborhood Park.

Trustee Mayer asked how much the Village relied on the residents for input regarding illicit discharges. He encouraged residents to let the Building Department know if they see something.

Mr. Clay Tiffany of Hall Road stated he reported a number of years ago that a construction company was dumping fill that wasn’t checked resulting in years of discolored water flowing down the hill into his yard. He stated the Board was welcome to come and take a look.

Board of Trustees Announcements by Trustee Waxenberg

Memorial Day Parade is on Monday May 25^th 5/25 at noon.
The 2^nd Annual Briarcliff Has Heart 5k run/walk will be at 8:30am on May 25^th.
Last Sunday’s Westchester Section of the New York Times touted Briarcliff’s valet service as successful.
Con Edison has launched a green facebook page visit www.coned.com for more information.
Artsabloom 10510 was on May 3^rd. 33 local resident artists were represented and it featured 44 exhibits. The artwork will be showcased through May 28^th.

Mayor Vescio stated the Club at Briarcliff Manor received their Certificate of Authority from New York State allowing them to close on the property and start their commitments to the Village.

Village Managers Report by Village Manager Zegarelli

Delinquent water bills have been transferred to taxes
The Website has new tax bills for 2009 available. The bills will be mailed shortly.
Water Department Billing has been moved to Village Hall at 1111 Pleasantville Road.
The pool is ready for opening day.
There will be a preconstruction meeting on Tuesday for the sidewalk project.
The guiderail project will start in June.
The Round Hill pump station project is awaiting a schedule.
The Brookwood Road sewer project is underway.
Water demand is starting to go up. The Village will still be flushing hydrants through the following week.
The bid specifications are available for the pump station and full water supply projects and due by June 15^th.

Deputy Mayor Venditti stated he visited the Pocket Park and it is landscaped beautifully.

Public Comments

Mr. Clay Tiffany of Hall Road stated he will pass out literature in the Village this weekend and asked if he needed to fill out any forms in order to do so. He asked why Village Manager Zegarelli was hired and made statements regarding his past employment and events during his tenure as Mayor of Sleepy Hollow. He further asked why Officer Tartaglione was allowed to retire and why he wasn’t hired to work for the Village over the last 20 years.

Amend Master Fee Schedule – Water Rates

Village Manager Zegarelli highlighted the reasons for amending the water rates and stated New York City raised their rates over the last 3 years. He further stated the City allotted a certain number of gallons per person per day and if the Village goes over that an excess water consumption penalty is charged. He stated they were proposing a cascading rate schedule so the entire Village didn’t have to subsidize overage charges of some users.

Trustee Waxenberg thanked Village Manager Zegarelli for his creative approach and stated she felt it was equitable.

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 amend the Master Fee Schedule effective June 1, 2009 for the Village of Briarcliff Manor as follows:

WATER RATES (PER 1000 CF)

INSIDE	EXISTING	PROPOSED
0-2000	$71.19	$76.00
2001-5000	$71.19	$84.00
5001-8000	$71.19	$92.00
8001-12000	$71.19	$100.00
12000+	$71.19	$110.00

OUTSIDE
0-2000	$106.79	$122.00
2001-5000	$106.79	$132.00
5001-8000	$106.79	$146.00
8001-12000	$106.79	$156.00
12000+	$106.79	$164.00

Approval of Capital Budget FY 2009-2010

Mayor Vescio requested the Scarborough Station renovations be held off on until the Metro North Construction is completed. He asked for the buyout information regarding the lease on the Ford Edge. He further requested hybrid vehicles be looked into.

The Board requested 3D (Scarborough Station Renovations) be deleted and 6F (Ford Edge replacement) be left off until the lease buyout information is supplied.

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

BE IT RESOLVED, that the Board of Trustees does hereby adopt the Capital Budget for Fiscal Year 2009-2010 as follows:

Village of Briarcliff Manor
Capital Project List
2009-2010 Projects Requirements & Resources

		Funding		Grants		Total New
Police Department:		Required	~	and Aid	~	Funding
1a. 2 Police Vehicles Replacement		$58,250	#	$ -	#	$ 58,250
Total Police Department	~	$58,250	~	$ -	~	$58,250

Fire Department
2a. Replacement of Fire Dept. Vehicles		$40,000		$ -		$40,000
2d. Hose -2 years	~	$10,000	~	$ -	~	$10,000
Total Fire Department	~	$50,000	~	$ -	~	$50,000

Department of Public Works
3a. Annual Paving		$100,000		$ -		$100,000
3b. Annual Guide Rail - Repair/Installation		$22,000		$ -		$22,000
3c. Annual Sidewalk - Replacement Program		$60,000		$ -		$60,000
3d. Village Wide Drainage Projects	~	$200,000	~	$ -	~	$200,000
Total Department of Public Works	~	$442,000	~	$ -	~	$382,000

Department of Public Works / Vehicles
5f. Replacement of (1997) Sanitation Truck		$180,000		$ -		$180,000
Total Department of Public Works / Vehicles	~	$180,000	~	$ -	~	$180,000

Building Department
6a.Scarborough Road Collector Sewer		$550,000		$ 286,000		$264,000
6d. CCRC Playing Field Irrigation		$30,000		$ -		$30,000
Total Building Department	~	$604,000	~	$ 286,000	~	$ 294,000

Recreation Department
7a. Tennis Court Law#4 Improvements		$13,650		$ -		$13,650
7b. Platform Tennis Court Improvements		$8,000		$ -		$8,000
Total Recreation Department	~	$21,650	~	$ -	~	$21,650

Facilities
9c. DPW Truck Garage and roof of old		$150,000		$ -		$ 150,000
Total Facilities	~	$150,000	~	$ -	~	$150,000

Village of Briarcliff Manor Projects -ALL CAPITAL GENERAL FUND(2009-2010)	~	$1,421,900
				GRANT		$(286,000)
				Future Borrowing		$1,135,900

Robert W. Crandall Room Use Policy

Village Manager Zegarelli explained the policy and stated it would be effective June 20, 2009. He further stated the policy allowed for amendments and encouraged use of the room.

Ms. Sharman Propp, Library Board President stated she withheld approval of the policy until the Library Board had the opportunity to review it.

Mayor Vescio stated their comments were welcomed but formal approval by the Library Board wasn’t necessary.

Mr. Clay Tiffany of Hall Road asked if there was a fee to use the room.

Village Manager Zegarelli stated it was listed in the Master Fee Schedule.

Mr. Tiffany stated people shouldn’t have to dole out money to use the Library.

Trustee Waxenberg stated it was a Community Room housed in the Library.

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

BE IT RESOLVED that the Board of Trustees hereby approves the following Policy:

Community Room Use Policy

(Robert W. Crandall Room)

The Community Room (now known as the Robert Crandall Room) comprises the “Community Center” portion of the Village of Briarcliff Manor Library & Community Center and can be utilized as a meeting/program room, closed off from daily Library functions for special events.

The Community Room is a limited use special event facility that meets the mission of the Village Library: a state-of-the-art facility enabling programs, collections and informational services to be provided in a community environment.

Use Applications. Use of the “Crandall Room” requires an executed application (form attached), filed with the Village Clerk no later than one (1) month prior to any event. All uses shall be in keeping with the nature and policies of the Village of Briarcliff Manor as established by the Board of Trustees. Granting of any application for use of the Crandall Room does not constitute an approval or endorsement by the Village of Briarcliff Manor or its Board of Trustees of any event or organization. Availability of the facility may not be posted at any given time. The Village of Briarcliff Manor, at its sole discretion, may establish additional guidelines to encourage event priority for community based organizations.

A fee as per the Village Master Fee Schedule shall be paid for the use of the Crandall Room and access via the facility.

A deposit will also be provided in accordance with the Village Master Fee Schedule. The deposit shall be returned after the event is completed should no damage occur. Any costs for damage or cleanup the Village incurs will be deducted from the deposit.

The following additional use rules are in effect:

Use of the Crandall Room is fee based. All fees and charges are to be paid no later than two (2) weeks prior to the date of the program, event or exhibit.
In the event that the applicant wishes to cancel the previously approved use, a full refund shall be provided, less any expenses incurred, if any, so long as the cancellation is reviewed by the Village Manager three (3) calendar days prior to the scheduled event. If the Village of Briarcliff Manor shall cause the cancellation of the event, a full refund shall be made to the applicant.
All Programs, events and exhibits are to be open and available to the public at large, except when properly reserved by a resident for a private function. The facility may be utilized for not-for-profit organizations, charter and civic organizations, volunteer groups or residents of the Village. At the request of the Village of Briarcliff Manor, said groups or individuals shall be obligated to disclose the purpose, nature and type of event to be held at the facility. Access to the Crandall Room via the facility is barrier free.
Legal occupancy for the Crandall Room is limited to 80 persons.
Smoking is prohibited within the entire facility including the Crandall Room.
Room set-up requirements must be indicated on the application when submitted.
Permission to serve any refreshments must be indicated on the application.
Alcoholic beverages are normally not permitted however the applicant may apply for the use of limited alcoholic beverages limited to beer and wine only. Policing of such use shall be the sole responsibility of the applicant with a hold harmless provided to the Village of Briarcliff Manor.
No hospitality or custodial services will be provided by the Village.
The applicant shall be solely responsible for the set-up, good order and decorum of the facility.
The Crandall Room and the facility are “carry in/carry out” regarding trash and all support items. The Crandall Room and facility access including restrooms shall be cleaned immediately after the event.
Neither the Village nor the facility shall supply any storage space for applicant’s supplies and/or equipment.
No unlawful activity as common defined under the rules, regulations and laws of the State of New York and the Village of Briarcliff Manor shall be permitted in the Crandall Room, the library and community facility or on the Village property. Any illegal activity shall be the basis for the immediate closure of the event by the Village or its agents. Any violation shall be a basis of denial for future uses of the Crandall Room or the library facility by the individuals or groups violating this policy.
The Village of Briarcliff Manor may enforce use limits to any organization whose frequency of use may appear to limit other organizations. The Crandall Room may not be used for private events or programs and/or occasions involving the immediate, future or intended sale, advertising, solicitation or promotion of commercial products or services.
Insurance in the form and amounts acceptable to the Village of Briarcliff Manor shall be submitted with each application. Insurance Certificates shall name the Village of Briarcliff Manor, the Board of Trustees, employees of the Village and the as insured.

Programs and Events. Authors and performers invited or permitted to appear at events in the Crandall Room shall be identified on the application. The applicant may charge admission fees and/or call for the solicitation of donations which must be stated in the application. Sales of materials or goods are addressed below.

Exhibit Sales. The sale of works and/or other such associated materials connected to the applicant and/or the event may be permitted, but subject to prior permission of the Village.

Donations to Village. A predetermined remuneration of fees/sales in the form of a donation to the Village shall be agreed upon in advance of the event. All donations to the Village shall be made in accordance with the Donation Policy of the Village. All monetary donations from events occurring in the Crandall Room shall be placed in a dedicated fund for the Village’s use to maintain/make improvements to the library facility as determined by the Board of Trustees.

Exhibits. All applicants shall be solely responsible for the property in any exhibit and provide, at their own expense, specific identification and arrangement of the exhibit in the Crandall Room. Applicants shall provide adequate insurance coverage at their sole expense as required by their exhibitors. The applicant shall hold harmless the Village of Briarcliff Manor, its Board of Trustees, officers, employees, heirs and assigns for any damage, loss, theft or destruction of any part of the exhibit, whether in whole or part. The Village of Briarcliff Manor will NOT be responsible for any works, displays or objects then on display and exhibitors shall show their works at their own risk. Village employees and Library staff will not be responsible for monitoring or providing security during exhibits.

Responsibilities and Obligations of the Applicant. The applicant is responsible for the Crandall Room and the library facility utilized at the event, together with its equipment and furnishings during the period of use and until the entire facility as a whole is closed and secured. Neither the Village of Briarcliff Manor, its Board of Trustees, employees nor staff shall assume any responsibility for personal injury or damage to or loss of personal property during an applicant’s use of the Crandall Room and/or the library facility.

Rights and Reservations by the Village of Briarcliff Manor.

Upon recommendation of the Library, the Village of Briarcliff Manor and/or its agents shall, at its sole discretion, have the right to amend, limit, change, charge for, add or delete such additional rules obligations and responsibilities as deemed necessary for the good and order, safety of the applicant, the Village of Briarcliff Manor itself as well and integrity of the “facility” as a whole. All proposed changes outlined in this section shall be confirmed by the Briarcliff Manor Board of Trustees and it shall be the responsibility the Village to convey or otherwise communicate such changes to the applicant.

Schedule Public Hearings

Chapter 220-16, Zoning, Nonconforming Buildings, Lots and Uses

Mayor Vescio explained the proposed amendments.

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution as amended:

BE IT RESOLVED that a Public hearing is scheduled for the June 4, 2009 Board of Trustees meeting to amend Chapter 220-16, Nonconforming Building, Lots and Uses.

Referral to the Planning Board

BE IT RESOLVED that the proposed amendment to Chapter 220-16, Nonconforming Building Lots and Uses is hereby directed to the Planning Board and to the Westchester County Planning Board for review and recommendation and to the Town of Ossining, the Town of Mount Pleasant, and the Village of Ossining for a review and comment as they see fit.

Chapter 220-3, Zoning, to establish a new R80A Single Family Residence District

Trustee Waxenberg stated it was a long time coming and it would make a big difference to that area.

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

BE IT RESOLVED that a Public hearing is scheduled for the June 4, 2009 Board of Trustees meeting to amend Chapter 220-3 and the Zoning Map adopted thereunder to establish a new R80A Single Family Residence District

Referral to the Planning Board

BE IT RESOLVED that the proposed amendment to Chapter 220-3 and the Zoning Map adopted thereunder to establish a new R80A Single Family Residence District is hereby directed to the Planning Board and to the Westchester County Planning Board for review and recommendation and to the Town of Ossining, the Town of Mount Pleasant, and the Village of Ossining for a review and comment as they see fit.

RESOLUTION ACCEPTING SEQRA – EAF PART 1

Village Attorney Smith suggested changes to the document and further suggested adding the modifications proposed by the Mayor.

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

RESOLUTION

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES

May~21, 2009

State Environmental Quality Review Act Determination

Lead Agency, EAF Part 1, Preliminary Classification

Scarborough Corridor Rezoning

WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) is considering amendments to the Village Code and the Official Village Map to establish a new R80A (2-acre) single family residential zoning district and district regulations, to remap approximately 481 acres from a mix of R40A (1-acre) and R60A (1.5-acre) residential zoning districts to the new R80A zoning district in the area north and south of Scarborough Road, including portions of Holbrook Road, Old Briarcliff Road, Lodge Road, Sleepy Hollow Road, and Becker Lane, and to clarify and extend the protection afforded nonconforming lots, buildings, and uses (“Proposed Action”); and

WHEREAS, the Board of Trustees has determined that the Proposed Action is subject to the State Environmental Quality Review Act (“SEQRA”), that it does not involve any federal agency, and that it will not involve other agencies; and

WHEREAS, the Board of Trustees is the only involved agency and thus the lead agency for the environmental review of the Proposed Action; and

WHEREAS, the Board of Trustees reviewed an Environmental Assessment Form, including a full Environmental Assessment Form Part~1, dated May~7, 2009, prepared on its behalf by the Village Planning Consultant, BFJ Planning, and modifications to the same proposed by the Village Mayor for assessment of the Proposed Action (“EAF”); and

WHEREAS, based on the information contained in the EAF, Village staff and consultants have advised the Board of Trustees that the proposed action is a Type~1 Action under SEQRA; and

WHEREAS, the Board of Trustees has preliminarily classified the Proposed Action as a Type~1 Action under SEQRA; and

WHEREAS, the Proposed Action has primarily local impacts, and the Board of Trustees is the only agency involved in the Proposed Action which has authority to undertake, fund, or approve the Proposed Action;

NOW THEREFORE, be it

RESOLVED, that the Board of Trustees declares that it is Lead Agency for the purpose of reviewing the environmental impacts of the Proposed Action under SEQRA; and further

RESOLVED, that the Board of Trustees hereby determines that the Proposed Action is a Type~1 Action pursuant to 6~N.Y.C.R.R.~§612.4(b)(1); and be it further

RESOLVED, that the Mayor or his designee is authorized to execute Part 1 of the EAF.

Authorize Village Manager to Execute an Agreement – Westchester County, Prisoner Transportation

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, 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 Westchester County for Prisoner Transportation for the period from January 1, 2009 through December 31, 2010.

Fire Department Membership – Belmonte

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution subject to verification that all forms are complete:

BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Anne Belmonte to the Briarcliff Fire Company.

Minutes

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, and one abstention from Trustee Waxenberg the Board voted to approve the minutes of May 7, 2009 as amended.

The April 28, 2009 minutes were tabled to the next meeting.

Board Appointments

Upon motion by Trustee Sullivan, 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 appointments:

Anthony Anisman as Ethics Board Member to fill the unexpired term of Lori Sullivan to expire on April 1, 2013.

Mark Pohar as Ethics Board Member for a 5 year term to expire on April 1, 2014.

Mark Milani as Recreation Advisory Committee Member to fill the unexpired term of Rodney Ertischek to expire on April 1, 2010.

Announcements

Trustee Sullivan asked when water bill payments should be mailed to Village Hall instead of the Department of Public Works.

Village Manger Zegarelli stated payments were now being received at Village Hall.

River Day 2009 will be on June 7^th at Scarborough Park at 8:30am.

Village Manager Zegarelli made a statement regarding Mr. Tiffany’s earlier comments.

Adjournment

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to close the regular meeting at 9:00pm.

Respectfully Submitted By,

Christine Dennett

Village Clerk