Mayor & Board of Trustees

Village Board of Trustees Regular Meeting May 21, 2019 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 at the William J. Vescio Community Center, at 1 Library Road, Briarcliff Manor, New York on the 21st of May, 2019 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Cesare DeRose, Jr., Trustee Kevin Hunt, Trustee Edward E. Midgley, Trustee Also Present Philip Zegarelli, Village Manager Daniel Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Pledge of Allegiance Letters of Commendation: Sergeant Salov, Officers Raffaele and Chavez Upon motion by Trustee DeRose, seconded by Deputy Mayor Chatzky, the Board voted unanimously to move the commendations to the beginning of the agenda. Mayor Vescio read aloud the Letters of Commendation and the Board thanked the Officers for their heroic efforts. Continuation of a Public Hearing to Amend Chapter 45 entitled “Planning Board” and Chapter 220-17 entitled “Board of Appeals” of the Code of the Village of Briarcliff Manor Mayor Vescio explained the rules for decorum during a public hearing. The Board discussed the draft legislation and requested a minor amendment to be in accordance with the Village Official Year. Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to reopen the Public Hearing. There were no public comments. 1 Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the Public Hearing. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed Local Law to amend Chapter 45 entitled “Planning Board” and Chapter 220-17 entitled “Board of Appeals” of the Code of the Village of Briarcliff Manor to is hereby adopted as amended. Public Hearing to Hear and Discuss a Proposed Local Law Imposing a Temporary Moratorium on the Acceptance, Processing and Approval of Applications in the Planned Office Building and Laboratory B District and Business Transitional BT District (The “B” Zone) of the Village of Briarcliff Manor A short video was shown explaining the proposed legislation. The Board thanked Deputy Mayor Chatzky for his efforts in putting it together. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to open the Public Hearing. Village Manager Zegarelli read excerpts of correspondence aloud and entered them into the record received from the Westchester County Planning Board, Raymond Sanchez from the Ossining School District, Adam Rabinowe, Mark and Rozanne Prisament, Steve Plaxon and Zarin and Steinmetz. Mr. Roger Battacharia of 16 Holbrook Road stated the reasons he and his wife moved into the Village and reviewed timeline of Philips property ownership. He urged the Board to vote into Village Law a moratorium on construction in the B Zone. Mr. Aaron Stern of 40 Tamarack Place stated he had lived in the Village for 40 years. He stated he served on the advisory committee trying to determine alternate uses that fit in the B Zone and they rendered a report with recommendations. He stated he was in favor of the moratorium. Mr. Aaron Spring of 64 Meadow Road stated he was there as a private citizen, and that the Ossining School District was severely overcrowded and underfunded and he supported the moratorium fully. Mr. Dan Zucchi of 161 Locust Road submitted a letter into the record and requested it be posted on the website. He stated he was in total support of the moratorium. Mr. David Schneider of 80 Hirst Road stated he just found out about this issue and most people had no idea what’s going on. He stated the Board needed to 2 look at the areas of acreage and get a sense of what could work there and the Village should hit the pause button. Ms. Kim Jeffery of 100B Morningside Drive, Ossining, stated she was a former Town Council Member and she put forth the suggestion to have a moratorium in Ossining in 2016. She further stated there should be a conversation about the greater town of Ossining as a whole to look into the future 30 years. She stated the overcrowding in Ossining Schools was a very big concern and a moratorium was a good option. Mr. Robert Mayer of 114 River Road stated he was a former Village Trustee and was support of a proposed moratorium. Mrs. Norma Durkin of 169 Holbrook Road stated she was in support of the moratorium. Mr. Joseph Fusillo of T5, 600 Albany Post Road stated the B Zone properties were underutilized causing a disparity in taxes and he recognized the concerns of the residents but the properties in the B Zone were vastly different. He requested the Board consider a shorter moratorium that had the option to extend it and stated he wanted to work with the Village to develop a use for their property that benefited the Village has a whole. He thanked the Board for their time and consideration. Mrs. Karen Miller of 15 Brookwood Drive stated she was a new resident with young children that would attend the Ossining Schools. She asked what the recourses were if things didn’t work and stated that Scarborough Road had a lot of drainage issues. She stated to some degree this affected safety and people’s lives and the Village needed the 12 months to figure out what other questions are out there. Mrs. Jessica Vecchiarelli of 97 Locust Road stated she was aligned with most of the prior comments and that her children attend the Ossining School District and while they were receiving an excellent education the District had to fight a little bit more for what they were owed from the State. She stated she supported a 12- month moratorium and development would drastically affect the entire community. Dr. Carol Kessler of 15 Gates Avenue, Ossining stated she was speaking on behalf of the children and the Ossining School district had many challenges based on the overcrowding. She stated this would impact families in the area already struggling and any increase in students would be a violation of children’s rights and a travesty. She stated she supported the moratorium. Mr. George McKeegan of 42 Old Briarcliff Road stated moved to the Village 37 years ago from Brooklyn because it was bucolic and beautiful and he supported the moratorium and urge the Board to vote in favor of it. 3 Mr. William Jelinek of 29 Central Drive West stated he grew up in the Village and moved back again to raise his family. He stated he was not against development but they didn’t know what the impacts would be of the Club when it was fully open for business. He stated he was in support of a moratorium. Ms. Lauren Hammer of 134 Alder Drive urged the Board to vote into place a moratorium and echoed previous sentiments. She stated something better had to be done at the Old Briarcliff Road and Pleasantville Road intersection. Mr. Steven Plaxon of 22 Burns Place stated he was in support of a moratorium and many people didn’t know about the hearing. He offered to help in whatever way he could to be part of a solution. Ms. Marissa Caruso of 2 Redway Road, Ossining stated she attended in support of the others that spoke on the Ossining School District. She encouraged the Board to sit down with Ossining to get an understanding on a collaborated effort. Mr. Kevin Garrity of 69 Locust Road stated he moved to the Village two years ago and he commuted to the train daily and he couldn’t imagine the impacts of development on the parking lot. He stated he supported the 12-month moratorium. Mrs. Margaret Midgley of 1 Ivanhoe Place stated Board needed to carefully consider development and she was in support of a moratorium and the Public needed to be better informed with stronger outreach. Mr. Gerald Burn of 208 Old Briarcliff Road stated he was a resident since 2010 and he worked for another municipality. He stated every property owner had a right develop their property but they do not have the right to do it however they wanted. He stated he was concerned about future generations in this community and it was important it be studied and he supported the moratorium. The Board determined they would close the Public Hearing but keep it open for written comments. They thanked everyone for their input. Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to close the Public Hearing but to keep the record open to receive written comments until noon on May 31, 2019. Board of Trustees Announcements by Trustee Hunt • The Fire Department offered general fire safety tips for homes. • The Library has many upcoming events and the Spring/Summer Brochure is available. Visit the website for more information. • The Recreation Spring/Summer Brochure is available. Camp registration is still open with limited space available. 4 • Lifeguards are needed. • Stay connected and sign up for weekly updates. • There won’t be a Memorial Day Parade this year due to the construction but a ceremony will be held at the Fire House and then immediately following in Law Park at 12:15pm. Thank you to the American Legion for their efforts. • Please visit the Historical Society in the lower level of the Library. They’re looking for volunteers and anyone interested should contact Karen Smith. • The Board recognized the passing of two local residents that dedicated many years of service to the Village. Mr. Robert Blevins and Dr. Joseph Pastore. Thoughts and prayers were extended to their families. Village Managers Report by Village Manager Zegarelli • The Pocantico River Bridge work has begun. • Village Offices will be closed on Monday in observance of Memorial Day. • The pool will open Memorial Day weekend. • A tree was planted in memory of Helen Hayes and ceremony will be scheduled. • Tax bills will be mailed out shortly and are due by July 1st. Public Comments Ms. Kim Izzarelli, President of the Wyndcrest Condo Homeowners Association stated she wanted to follow up on the ongoing runoff issue affecting their units from North State Road. The Board requested the topic be added to a Work Session to try to find a solution. Award of Bid Phase 5 Utility Improvements – Water (The Club) Contract Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: WHEREAS, the Village of Briarcliff Manor (“Village”) duly bid and opened bids on April 11, 2019, for “VM 1819-2 Phase 5 Utility Improvements – Water (The Club)”; and WHEREAS, the Village Engineer has provided the Village Board with a memorandum dated May 2, 2019, a copy of which shall be annexed to this Resolution, detailing the request from the low bidder, LandVscape, Inc. d/b/a Nicky Diggs Excavation, to withdraw its bid on the basis of the bidder’s stated calculation error; and WHEREAS, the Village is willing to permit such bid withdrawal; and 5  WHEREAS, in light of such bid withdrawal, the Village Engineer recommends that the referenced contract be awarded to the next low bidder, Bilotta Construction Corp. NOW THEREFORE, BE IT RESOLVED, the Village Board permits LandVscape, Inc. d/b/a Nicky Diggs Excavation, to withdraw its bid on the referenced contract on the basis of said bidder’s stated calculation error, and be it further RESOLVED, that the contract for Village project VM 1819-2 Phase 5 Utility Improvements – Water (the Club) be and is hereby awarded to Bilotta Construction Corp. based on its bid of $718,105.00, and be it further RESOLVED, that the Village Manager is hereby authorized to enter into a contract with Bilotta Construction Corp. for same. Award of Bid - Annual Paving The Board had general discussion regarding the paving schedule and funding sources. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 7 bids for the Annual Paving Project (VM-1819- 12); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Annual Paving Project (VM-1819-12); is hereby awarded to Waters Contracting with their Item Quantity amount of $104.00 per ton. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Waters Contracting for said project. Confirmation of Fire Department Special Election The Board thanked Chief King for his continued service and thanked all of the volunteers. Upon motion by Trustee Hunt, seconded by Trustee DeRose, 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 May 9, 2019 as follows: 6 Chief Officers Michael King Chief Amend Master Fee Schedule – Recreation Fees Upon motion by Trustee Midgley, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby amend the Master Fee Schedule for the Village of Briarcliff Manor as follows: RECREATION FEES Pickle Ball Permit Fee Schedule Resident Non-Residents Adult $ 50.00 $ 60.00 Couple $ 90.00 $110.00 Family $130.00 $160.00 Child/Seniors $ 40.00 $ 50.00 Stormwater Management Presentation by Village Engineer, David Turiano Village Engineer Turiano reviewed the MS4 requirements and minimum measures and stated the Village was in compliance. Library Board Appointment The Board thanked Ms. Swisher Spiers for volunteering and stated she would be a great addition to the Board. Upon motion by Mayor Vescio, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Jessie Swisher Spiers as a Member of the Library Board to fill the unexpired term of Reina Schiffrin which expires on December 23, 2023. Tax Certiorari – The Residences at Trump National Golf Club The Board requested exploring recreating an Assessor for the Village be added to the June 4th Work Session. Mr. Aaron Stern of 40 Tamarack Place stated condos were taxed differently based on rental values and it was a good reason to take back assessment. 7  Upon motion by Trustee Hunt, seconded by Trustee DeRose, with a nay vote from Deputy Mayor Chatzky, the Board voted to approve the following resolution: WHEREAS, The Residences at Trump National Golf Club, 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 2015-2018; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2016-2017, 2017-2018, 2018-2019 and 2019-2020; and WHEREAS, an Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on May 10, 2019; WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2019-2020; NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bills for fiscal years 2016-2017 and 2017- 2018; in the amount of $52,037.60 and a refund for Fiscal Year 2019-2020 in the amount of $17,827.03 based upon assessment values reduced in accordance with the Consent Judgment. Assessment Parcel ID New Assessment Original Reduced Refund/ Year Assessed Value Assessed Reduction Tax Tax Abatement Value Amount Amount 2015 98.14-1-1.01-16 $870,625 $662,715 $207,910 $86,947.93 $66,184.29 $20,763.64 2016 98.14-1-1.01-16 $14,826,600 $11,930,150 $2,896,450 $81,991.10 $65,973.73 $16,017.37 2017 98.14-1-1.01-16 $14,826,600 $12,050,150 $2,776,450 $81,472.15 $66,215.56 $15,256.59 2018 98.14-1-1.01-16 $15,323,800 $12,100,150 $3,223,650 $84,741.78 $66,914.75 $17,827.03 $69,864.63 Fire Department Memberships The Board thanked the new members for volunteering. Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approve the membership of Christopher Oliveira to the Briarcliff Manor Fire Company. 8 BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approve the membership of Caroline Pennacchio to the Briarcliff Manor Hook and Ladder Company. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approve the under 18 membership of Jack Sendek to the Briarcliff Manor Hook and Ladder Company. Minutes Upon motion by Mayor Vescio, seconded by Trustee Midgley, the Board voted unanimously to approve the minutes of May 7, 2019 as amended. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to adjourn the Regular Meeting at 10:20pm. Respectfully Submitted By, Christine Dennett Village Clerk 9