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Board of Trustees Minutes 10/15/2009
Village Board of Trustees
Regular Meeting
October 15, 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 1st of October 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

Mayor Vescio read a statement aloud regard the Rules of Procedure at the Board of Trustees Meetings.  

Village Attorney Smith stated he would prepare the amendment for approval at the next meeting.  

Public Hearing to Amend a Special Use Permit – Verizon Wireless Telecommunications located at Scarborough Presbyterian Church

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to open the Public Hearing.

Mr. Keith Betensky, Attorney for Applicant, explained the requested amendment to the Special Use Permit.

Village Attorney Smith stated he would prefer to do a formal resolution that would incorporate the conditions.  He stated the Board could vote and direct him to do so.  

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the Public Hearing.  

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to approve the Special Use Permit subject to the Planning Board’s conditions listed in their memorandum and directed Counsel to incorporate the changes in a resolution.  

Board of Trustees Announcements by Trustee Sullivan
  • The Library and Community Center will host a karaoke night on October 31st for 4th and 5th graders.
  • Quadricentennial discussions will be held at the Library and Community Center.
  • Halloween is coming up and Residents should be aware of Halloween safety tips in the Manor Monthly and on village website.
  • Window painting will be on October 17th
  • The Recreation Office has been experiencing phone troubles for the past few days.  Emailing is encouraged.  
  • The Ragamuffin Parade will be on October 31st at 9:30am
  • A pumpkin patch is being sponsored by The Club at Briarcliff Manor at the old Kings College Site. There will be free pumpkins while supplies last.
  • The BriCA-Brac Road Show will be on November 1st
  • On October 24th two residents will be dancing in a competition for Dancing with the Stars.  The Board wishes them good luck.
Village Managers Report by Village Manger Zegarelli
  • The Department of Health quarterly report was executed today for the stipulation pertaining to Full Water Supply Project.
  • The valet parking contract is being reviewed.  
  • November 3rd is election day
  • Leaf collection will begin on the Monday October 19th
  • The repaving project will start on October 21st
Discussions are continuing with the Town of Ossining regarding the fire service contract.

Public Comments

No public comments.  

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

Mayor Vescio stated the Public Hearings would be scheduled for November 5th but would be adjourned and continued to November 19th to allow for comments from the Planning Board, the County and the Towns.  

Trustee Sullivan stated she had some reservations concerning some of the proposed changes but hoped the Public Hearing would give the Board more information to make the right decision for the Village.  

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

BE IT RESOLVED that a Public hearing is hereby called for the November 5, 2009 Board of Trustees meeting at 7:30pm to hear and discuss a proposed local law to amend Section 220-3 of the Code of the Village of Briarcliff Manor and the Zoning Map adopted thereunder to establish a new R80A Single Family Residence District and remap approximately 481 acres from a mix of R40A and R60A residential zoning districts by changing the current R60A district to the new R80A district and changing the current R40A district to the R60A district in the area north and south of Scarborough Road, including but not limited to portions of Holbrook Road, Old Briarcliff Road, Lodge Road, Sleepy Hollow Road and Becker Lane.  

Referral to the Planning Board, etc.

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 and remap approximately 481 acres from a mix of R40A and R60A residential zoning districts by changing the current R60A district to the new R80A district and changing the current R40A district to the R60A 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, 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 review and comment as they see fit.  

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

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 hereby called for the November 5, 2009 Board of Trustees meeting at 7:30pm to hear and discuss a proposed local law to amend Section 220-16 and Note 3 of Schedule 220: A 14, “Schedule Limiting the Use of Buildings and Land and the Location, Arrangement and size of Buildings, Exceptions and Modifications,” of Chapter 220 of the Code of the Village of Briarcliff Manor relating to Nonconforming Building, Lots and Uses.    


Referral to the Planning Board, etc.

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 review and comment as they see fit.

State Environmental Quality Review Act Determination Lead Agency, EAF Part 1, Preliminary Classification Scarborough Corridor Rezoning

Deputy Mayor Venditti stated that declaring Lead Agency was not part of the Public Hearing process.  

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
                                                                                                                                                                                                                                
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 change the current R60A district to the new R80A district and change the current R40A district to the R60A 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 September 24, 2009, prepared on its behalf by the Village Planning Consultant, BFJ Planning, 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 A Grant Agreement with the United States Environmental Protection Agency

Trustee Waxenberg stated the Village was fortunate to have summer interns and much credit was to be given to Amy Wagner.  

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 authorizes the Village Manager to execute a Grant Agreement between the Village of Briarcliff Manor and the United States Environmental Protection Agency in connection with Phase II of the Scarborough Road Sanitary Sewer Rehabilitation Project.  

Authorize Submission of Grant Application to Fund Consolidated Water Services Feasibility Study

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

WHEREAS, the Village of Briarcliff Manor is concerned about escalating government costs and the increasing tax and expense burden to property owners and residents; and

WHEREAS, the Village has a history of cooperation and mutual support with the Villages of Tarrytown and Sleepy Hollow re water systems, and it is believed that costs can be saved and service improved by consolidating water services, and the three Villages wish to study the feasibility of consolidating the water departments of the three Villages into a single water district; and

WHEREAS, a grant funding source has been identified as appropriate for a feasibility study and financial analysis of shared water services, namely the Local Government Efficiency Grant Program offered by the New York State Department of State; and

WHEREAS, the maximum grant available under the General Efficiency Planning Grant program is $26,000 and the cost of the study has been estimated at $60,000.

NOW, THEREFORE, BE IT RESOLVED that Philip Zegarelli, Village Manager of the Village of Briarcliff Manor, is hereby authorized and directed to file an application for a General Efficiency Planning Grant from the New York State Department of State in accordance with the provisions of the Local Government Efficiency Grant Program, with a cash match not to exceed $11,334 per Village, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance for a feasibility study and financial analysis of consolidating water services with the Villages of Tarrytown and Sleepy Hollow.  

BE IT FURTHER RESOLVED that the Village Manager is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution.

Authorize Submission of Grant Application to Fund Consolidated Police Services Feasibility Study

Village Manager Zegarelli stated the Village was probably on the leading edge of the entire County and would become the model for the entire state.  

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 2009 – 2010 Program Year, said application shall be entitled Ossining (Town and Village) and Briarcliff Manor – Local Government Efficiency Evaluation - Police Feasibility Study; and
~
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
~
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 2009-2010 program year, said grant application includes the Town and Village of Ossining and the Village of Briarcliff Manor; and it is further
~
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.

Rejection of Bid – Senior Bus

Mayor Vescio stated the Village benefited from the delay by saving $20,000.

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

BE IT RESOLVED that the bids for the Senior Bus Replacement Project (VM-0809-2) are hereby rejected.   

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to purchase the Senior Bus through the New York State Office of General Services Procurement Services Program.    

Minutes

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, with one abstention from Deputy Mayor Venditti the Board voted to approve the minutes of October 1, 2009.  

Trustee Sullivan stated she would not be in attendance at the November 5th meeting but would review the tape to get up to speed on all items.  

Mayor Vescio made one clarification to his statement regarding the amendments to the Rules of Procedure.  

Adjournment

Upon motion Deputy Mayor Venditti by, seconded by Trustee Sullivan, the Board voted unanimously to close the regular meeting at 8:10pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk