Mayor & Board of Trustees

Village Board of Trustees Regular Meeting November 7, 2018 8:00 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 at the William J. Vescio Community Center, at 1 Library Road, Briarcliff Manor, New York on the 7th of November, 2018 commencing at 8:00 p.m. Present Lori A. Sullivan, Mayor Cesare DeRose, Jr. Deputy Mayor Kevin Hunt, Trustee Mark L. Wilson, Trustee Bryan Zirman, Trustee Also Present Philip Zegarelli, Village Manager Daniel Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Sarah Yackel, Village Planning Consultant Pledge of Allegiance Board of Trustees Announcements by Trustee Zirman • Visit the Village website and sign up for weekly updates from the Village Manager. • The Library has many upcoming events and the Fall Brochure is available. Visit the website for more information. • The Recreation Fall Brochure is online. Please sign up for Recreation News. • Platform Tennis Season has begun. Get your permits. Mayor Sullivan gave the upcoming meeting schedule and stated the regular meetings going forward would begin at 7:30pm. Village Managers Report by Village Manager Zegarelli • Veterans Day is next Monday. Village Offices and Valet will be closed. The Sanitation Schedule is unchanged. • Con Edison should have their work completed over Route 9A. • The Pocantico River Bridge work is furloughed until the Spring. • The sidewalk by CSI was temporarily fixed and will be completed in the Spring. 1 • Leaf pickup has begun. Please keep leaves off the streets and sidewalks. • Fall sports are winding down and the fields will be winterized. • 2019 Parking Permits are on sale. • The 2nd half of Village taxes are due in December. Public Comments There were no public comments. Good Neighbor Initiative Presentation by the Westchester County Executive, George Latimer Westchester County Executive Latimer gave a presentation to the Board and the Public and shared an Executive Order regarding the process in which the County can take action on any County owned property or facility within municipalities. The Mayor and Board thanked him for his presentation and stated he had been very generous with his time in the Village. Presentation of Petition of Lincoln Properties, owner of 600 Albany Post Road, for a Proposed Zoning Text Amendment to Permit “Self Storage Facility” as a special permit use in the Village’s B/BT Zone Village Attorney Pozin explained the process for the presentation. Mr. David Steinmetz, explained the proposed Zoning Text Amendment. A representative from Iron Point stated they acquired the property with the intent to use it as a data center but they were unable to secure a tenant. He stated they were looking to build a self-storage facility and that they believed it was a need of the community that was currently unmet. Mr. Philip Fruchter, Architect for the Applicant, explained the proposed layout and showed renderings and elevations. Mr. Mark Pretraro of John Meyer Consulting discussed the traffic study and ingress and egress from the site. Village Attorney Pozin requested any updated renderings be submitted to the Village Clerk. Mayor Sullivan stated the Board created an Advisory Committee over two years ago to review potential uses for the B-Zone. Village Planning Consultant Yackel stated she prepared a review memorandum regarding the application. 2 Mr. Clark Shepard of 144 River Road stated he could see the property from his kitchen window and they listed their square footage incorrectly in their application. He stated the zone should not be amended to accommodate one property and he vehemently opposed the application moving forward. Mr. Zach Collins of 106 River Road asked if there was a crime study on self- storage units done and if there would be a reduction of property values. Mr. Aaron Stern of 40 Tamarack Place stated he was on the B-Zone Committee and they did indicate self-storage as a viable option but the proposal didn’t have any characteristics of what they looked at and far exceeded the ground coverage. Mr. Steinmetz stated they would take a look at all the numbers. Mr. John Glascott of River Road stated he lived there for over 30 years and the proposal was not in keeping with the character of the neighborhood. Mr. Tom O’Halohan of 122 River Road stated the area was comprised of wetlands and steep slopes and it had a horrendous traffic issue. Ms. Kaitlyn Balog of 144 River Road stated the neighborhood was beautiful and peaceful and a self-storage facility was not the answer and was the wrong use for the site. Ms. Liz Weinstein of 180 River Road stated the application was in violation of the existing zoning laws. Ms. Lois Kroll of Creighton Lane stated she moved here because it was so beautiful and this would be a tremendous blight on the area. Mr. Michael McCarville of 1 Woodlea Lane stated he wasn’t even sure the expansion could be done because of the steep slopes. Mayor Sullivan thanked everyone for participating in the meeting and the Board wanted to hear everyone’s voices. Mr. Ned Midgely of 1 Ivanhoe Place stated he lived directly next door and it was previously an office with use during the week. He stated this use would be seven days a week. Ms. Liz Weinstein stated it did not fill a current need of the Village and asked what the Village’s obligations were to address the application. Village Attorney Pozin stated it required action by the Board and explained the process. 3 Resolution to Establish Briarcliff Manor Ambulance as a Department of the Village of Briarcliff Manor Upon motion by Trustee Hunt, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution as amended: WHEREAS, the Village Board believes that it is in the public interest to create an ambulance department to serve the Village of Briarcliff Manor; and WHEREAS, the Village of Briarcliff Manor already has the authority to provide EMS services under the existing Ambulance Service Certificate issued by the New York State Department of Health. NOW THEREFORE, BE IT RESOLVED, that the Village Board hereby establishes the Village of Briarcliff Manor Ambulance as a municipal department of the Village of Briarcliff Manor; and BE IT FURTHER RESOLVED, that the initial department head of the Village of Briarcliff Manor Ambulance shall be the Village Manager of Briarcliff Manor, until such time as the appointment of an EMS Chief may be made; and BE IT FURTHER RESOLVED, that the existing Standard Operating Procedures of the Village of Briarcliff Manor Fire Department as they pertain to the provision of EMS services shall be deemed adopted as the Village of Briarcliff Manor Ambulance SOPs; and BE IT FURTHER RESOLVED, that the Village Manager is hereby authorized to take such further actions as may be necessary to effectuate the establishment and operation of the Village of Briarcliff Manor Ambulance, including without limitation, the staffing of the said department and providing notice to the New York State Department of Health of the restructuring of the Village of Briarcliff Manor Ambulance operating authority; and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. Amend Meeting Rules and Procedures to Provide for the Commencement of Regular Meetings of the Board of Trustees at 7:30 PM Upon motion by Trustee Wilson, seconded by Deputy Mayor DeRose, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village of Briarcliff Manor Board of Trustees Rules of Procedure adopted at the Organizational Meetings of April 4, 2018, Part A, Meetings, Section A1, Regular Meetings is hereby amended to read as follows: PART A: MEETINGS 4  SECTION A1 - Regular Meetings The Board of Trustees generally will hold regular meetings on the 1st and 3rd Wednesday of each month. Such regular meetings shall commence at 7:30PM and be conducted in the William J. Vescio Community Center. Any deviation from this schedule shall be determined by the Board of Trustees. Tax Certioraris Upon motion by Deputy Mayor DeRose, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution as amended: WHEREAS, Lamissa Associates, LLC (1312 Pleasantville Road) instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2012-2017; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018- 2019; and WHEREAS, a Consent Order of the Supreme Court of the State of New York, County of Westchester, was entered on October 4, 2018; WHEREAS, the Consent Order was received after the finalization of the approval of the Village budget for Fiscal Year 2018-2019; WHEREAS, the Consent Order reduced the tax assessment for the subject property for the fiscal years 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019; assessment rolls; and NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund of the tax bill for fiscal years 2013-2014, 2014-2015, 2015- 2016, 2016-2017, 2017-2018 and 2018-2019; in the amount of $3,649.30 based upon the reduced assessment values in the Consent Order. New Reduced Assessed Assessed Assessment Original Tax Tax Year Address Value Value Reduction Amount Amount Refund Abatement 2012 1312 Pleasantville Rd $49,400 $49,400 $0 $4643.01 $4643.01 $0 2013 1312 Pleasantville Rd $49,400 $41,990 $7,410 $4,800 $4,080.00 $720 2014 1312 Pleasantville Rd $49,400 $41,490 $7,910 $4,899.89 $4,115.31 $784.58 2015 1312 Pleasantville Rd $49,400 $41,490 $7,910 $4,933.50 $4,143.54 $789.96 2016 1312 Pleasantville Rd $819,200 $696,320 $122,880 $4,530.18 $3,850.65 $679.53 2017 1312 Pleasantville Rd $819,200 $696,320 $122,880 $4,501.50 $3,826.28 $675.23 5  TOTAL TOTAL AV REVENUE $3,649.30 REDUCTION REDUCTION WHEREAS, Lamissa Associates, LLC (1326 Pleasantville Road) instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2012-2017; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018- 2019; and WHEREAS, a Consent Order of the Supreme Court of the State of New York, County of Westchester, was entered on October 4, 2018; WHEREAS, the Consent Order was received after the finalization of the approval of the Village budget for Fiscal Year 2018-2019; WHEREAS, the Consent Order reduced the tax assessment for the subject property for the fiscal years 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019; assessment rolls; and NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund of the tax bill for fiscal years 2013-2014, 2014-2015, 2015- 2016, 2016-2017, 2017-2018 and 2018-2019; in the amount of $5,054.87 based upon the reduced assessment values in the Consent Order. New Reduced Assessed Assessed Assessment Original Tax Tax Year Address Value Value Reduction Amount Amount Refund Abatement 2012 1326 Pleasantville Rd $35,800 $35,000 $800 $3,364.78 $3,289.58 $75.20 2013 1326 Pleasantville Rd $35,800 $25,418 $10,382 $3,478.54 $2,469.77 $1,008.78 2014 1326 Pleasantville Rd $35,800 $25,060 $10,740 $3,550.93 $2,485.65 $1,065.28 2015 1326 Pleasantville Rd $35,800 $25,060 $10,740 $3,575.29 $2,502.70 $1,072.59 2016 1326 Pleasantville Rd $554,200 $387,940 $166,260 $3,064.73 $2,145.31 $919.42 2017 1326 Pleasantville Rd $554,200 $387,940 $166,260 $3,045.33 $2,131.73 $913.60 TOTAL TOTAL AV REVENUE $5,054.87 REDUCTION REDUCTION Award of Bid – Drainage Improvements - Pleasantville Road CBD Upon motion by Trustee Zirman, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: 6 WHEREAS the Village received 5 bids for the Drainage Improvements – Pleasantville Road CBD Project (VM-1819-11); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Drainage Improvements – Pleasantville Road CBD Project (VM-1819-11); is hereby awarded to Abbot & Price, Inc. with their bid proposal of $44,752 which will be charged to budget codes H.1440.201.18229 and H.1440.201.18230. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Abbot & Price, Inc for said project. Minutes Upon motion by Trustee Hunt, seconded by Trustee Wilson, the Board voted unanimously to approve the minutes of October 17, 2018. Adjournment There will be a Work Session on November 14th at 6pm and the next regular meeting will be on November 28, 2018 at 7:30pm. Upon motion by Trustee Wilson, seconded by Deputy Mayor DeRose, the Board voted unanimously to adjourn the meeting at 10:19pm. Respectfully Submitted By, Christine Dennett Village Clerk 7