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Board of Trustees Minutes 04/09/2007
Village Board of Trustees
Regular Meeting
April 9, 2007
7:30 p.m.

A 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 9thof April 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
Clinton Smith, Village Attorney
Christine Dennett, Village Clerk

Absent
Gayle Waxenberg, Trustee


Public Hearing: Amendment to Chapter 45, Planning Board – Deliberations by Alternate Planning Board Member

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

Trustee Smith asked if the amendment would potentially create a more litigious situation.  

Village Attorney Smith stated it could create another argument to be used in litigation but he hadn’t seen any cases based on an alternate member voting in place of a regular member.  He further stated anytime anything is done out of the ordinary the chance of litigation is increased.  

Trustee Mayer stated he felt the Board was making it easier and fairer to the applicant.  

Deputy Mayor Venditti stated the applicant always had the right to choose whether they wanted a vote taken or not.  

Village Attorney Smith stated that really goes to the heart of it and discretion may be the better part of valor.  He stated there was nothing inherently wrong with this and if you have good people throughout the Board they will use their best judgment.  

Ms. Nancy Pine of Aspinwall Road stated she wasn’t sure what Trustee Mayer meant by more fair.  

Trustee Mayer stated a more consistent voting pattern makes it fair for the applicant.  

Ms. Pine stated in last 14 years there had been no occasion where an applicant was put off because a quorum couldn’t be reached and it was also highly unusual for only 3 members to be present.  She further stated the last 5 years was the first time there was an alternate.  She stated the entire Trump application was done with 4 members.  She stated she also couldn’t recall an instance where a vote resulted in a tie.  She stated what occasionally happens is there will be uncertainty and the chair might want to wait until the next meeting.  She stated she didn’t see a problem in an alternate member being used to create a quorum or for discussion or a one shot application but the problem is with consistency.

Trustee Smith asked why it would create a continuity problem if the Alternate Member deliberates throughout the process.   

Ms. Pine stated an applicant can be misled if there was a split board.  

Deputy Mayor Venditti stated misdirection could happen if a member was absent.  

Ms. Pine stated an alternate could sway the vote.  She further stated the Board exempted subdivisions because of the multiple layers but the same could be said about Special Use Permit applications.  

Mayor Vescio stated the Board of Trustees was the lead agency for Special Use Permits.  

Mr. Clay Tiffany stated he couldn’t give the details that Ms. Pine gave but this was an example of stacking the deck.  He stated the election was close enough that the Board shouldn’t get carried away taking away more rights.  

Ms. Margo Berger of Elizabeth Court stated she thought there might be a problem if the amendments were passed as proposed in the consistency area.  She stated the applicant can usually get a feel for which direction the Board is going but allowing the alternate to vote can completely change the direction.  

Mayor Vescio stated the amendments would eliminate the Chairman being able to pick and choose when a vote can wait or not.  He further stated the alternate puts in the time and effort and doesn’t get to vote.  He stated the law changed several years ago when a 2-2 vote resulted in an approval and it was now a denial.  He further stated the Board would watch and see how it progresses very carefully.  

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

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 amend the Code of the Village of Briarcliff Manor, Chapter 45, Planning Board, Article II, Alternate Member, Section 5, Definitions, Alternate Member and Section 6, Authorization, Subsections A, B, C and E.


Board of Trustees Announcements
§       The Board of Trustee liaisons to the Fire Department will meet every month to create better communication.
§       Informational meetings will be held prior to moving forward with public hearings.  The meetings will be noticed as discussions.  
§       Summercliff Players will have a theater production on July 27th and July 28th.  For more information contact the Recreation Department.
§       Stash the Trash will be held on April 28, 2007 at the Youth Center on Van lu Van Road from 10:00am to 3:00pm.  The rain date will be the following day.  

Village Managers Report
§       The Washburn Waterline was connected at the school last week.
§       The final plans for the Sleepy Hollow Road drainage were completed.
§       The library plans would be available on April 11th and bids are due on May 11th.
§       The design for the full water supply project is 30% complete.  At 50% completion the negotiation process for new water could begin.    
§       Con Edison’s tree trimming program would begin.  The program is more aggressive than in the past and in many situations trees would be removed.  The first loop would be in the Tree Streets and the general vicinity and another loop would begin on Long Hill Road, Elm Road, Pine Road, Sleepy Hollow Road and other side streets in the vicinity.  Letters would go out to all home owners affected.

Trustee Smith stated a discussion was happening regarding the possible replacement of the trees that will be removed.  

Mayor Vescio stated there was a list of trees that would be best to be planted under wires.

Deputy Mayor Venditti asked what gave Con Edison the right to leave the stumps behind.  

Village Manager Blau stated under PSC regulations they had the right to remove the trees but was unsure about the stumps.  He further stated he would look into the matter.   
   
§       An arborist determined that the tree in front of Village Hall should be removed.  

Public Comments

Mr. Mort Berger of Elizabeth Court stated he foiled a letter from Ingrid Richards to Michael Blau regarding the trail on Old Sleepy Hollow Road.  He stated the letter implied the trail was not utilized and funds should be used for another trail.  He stated he took issue with that because it was a very unique trail in a beautiful location and suggested some parking spaces be put in along with a garbage can.  He further stated it was a great trail and was one of the few places in Briarcliff Manor that offered fishing.  

Mayor Vescio stated it would be looked into.  

Mr. Clay Tiffany of Dirge for the Charlatans submitted a letter for the record that he passed out at the train station on Election Day.  He stated if any of the letter’s contents are challenged to please put it in writing.  He stated he wanted an autopsy if he died and he believed it would be a result of the beatings.  He asked that Officer Tartaglione’s gun be taken away and asked that he be given a psychiatric exam.  

Schedule Public Hearing

Special Use Permit, Sleepy Hollow Country Club

Trustee Mayer stated he was on the Board at Sleepy Hollow Country Club and he had some policy making capabilities.  He stated he was going to recuse himself from the matter.  

Trustee Smith stated she was a member of the club and would vote on setting the public hearing but beyond that she would recuse herself.  

Mr. Clay Tiffany stated he wanted a written statement regarding the quota on the different races at the Sleepy Hollow Country Club.  He further stated the Board should not favor this type of organization.   

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted to approve the following resolution with one abstention by Trustee Mayer:

BE IT RESOLVED that a Public Hearing is hereby scheduled for the April 19, 2007 Board of Trustees meeting to hear and consider a request from Sleepy Hollow Country Club for a Special Use Permit as a club not operated for gain pursuant to Chapter 220, Zoning, Section 6J Special Uses in Residence Districts, Subsection 6.

Amend Special Use Permit, Sprint Spectrum LP

Mr. Daniel Braff of Snyder & Snyder presented on behalf of Sprint Spectrum, LP.  

Mr. Clay Tiffany stated he didn’t have a cell phone and science would eventually come around.  He further stated the radiation from cell phones was deleterious to health and lowered sperm counts.  

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

BE IT RESOLVED that the request to amend a Special Use Permit for Sprint Spectrum, LP to install wireless telecommunications services facilities at Scarborough Presbyterian Church is hereby directed to the Planning Board for review and recommendation.

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

BE IT RESOLVED that a Public Hearing is hereby scheduled for the April 19, 2007 Board of Trustees meeting to hear and consider a request from Sprint Spectrum, LP to amend a Special Use Permit relating to the installation of wireless telecommunications services facilities at the Scarborough Presbyterian Church.

Authorize Village Manager to execute agreements

Mt. Pleasant West Ambulance District

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 town of Mt. Pleasant for West Ambulance District ambulance services.  

Intermunicipal Agreement, Historic Hudson River Towns

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an intermunicipal agreement with Historic Hudson River Towns.  

Mr. Clay Tiffany stated sometimes economic development was not synonymous with the river or the land around it.  

Tax Certiorari, 156 Sleepy Hollow Road

Deputy Mayor Venditti stated the consent judgment and the stipulation were void of any reference to the Village issuing a refund.  

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

WHEREAS, a Consent Judgment was issued for the property at 156 Sleepy Hollow Road; and

WHEREAS, the tax certiorari filing is for Town of Ossining assessment years 2004 through 2007; and

WHEREAS, the Consent Judgment reduced the tax assessment for the subject property for each year requested; and

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the payment of tax abatements for Fiscal Years 2004-05, 2005-06 and 2006-07 in the following amounts based upon the reduced assessment values in the Consent Judgment:


FY 04-05
$811.76
FY 05-06
$1,170.49
FY 06-07
$1,517.19
Total Abatement
$3,499.44

Upon submission of proper judgment or order or other documentation setting forth that basis for such refund.  

Fire Department Service Awards Program

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

BE IT RESOLVED, that the Volunteer Firefighter Service Award Program list for all 2006 active firefighters of the Briarcliff Manor Fire Company, the Briarcliff Manor Hook, Ladder & Fire Company and the Scarborough Engine Company is hereby approved.

BE IT FURTHER RESOLVED that the list shall be directed to the respective fire companies for posting for a period of thirty (30) days.

Fire Department Membership

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 Timothy Tausz to the Briarcliff Manor Hook & Ladder Company.

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 of the Village of Briarcliff Manor hereby approves the membership of Andrew Tausz to the Briarcliff Manor Hook & Ladder Company.

Fire Department Election

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 confirm the results of the election of the Briarcliff Manor Fire Department conducted on April 5, 2007 as follows:

Briarcliff Manor Fire Department

Fire Chief
Martin Gallagher
First Assistant Fire Chief
Douglas Cacciola
Second Assistant Fire Chief
Michael King

Mayor Vescio noted it was the first time in Briarcliff Manor history that a son became chief after his father had been chief in the past.  

Minutes

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the minutes of March 15, 2007 as amended.

Adjournment

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to adjourn the regular meeting at 8:45pm.

Respectfully submitted by,

Christine Dennett


 
Briarcliff Manor Village Hall, 1111 Pleasantville Road, Briarcliff Manor, New York 10510
Phone: 914.941.4800 Fax: 914.941.4837
Hours: Monday - Friday 8:30AM TO 4:30PM
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