Village Board of Trustees
Regular Meeting
December 17, 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 17th of December 2009 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
Robert Mayer, Trustee
Lori Sullivan, Trustee
Gayle Waxenberg, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Robin Rizzo, Village Treasurer
Clinton Smith, Village Counsel
Absent
David Venditti, Deputy Mayor
Proclamation: 2010 Census Partner
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the Proclamation.
Board of Trustees Announcements by Trustee Sullivan
- The Library and Community Center will be closed on December 24th and 25th. Please visit their website for information on their many programs.
- Registration for winter Recreation programs begins December 5th and the office will be open Tuesday nights until 8:00pm through January 5th.
- The Community Bonfire and Sing-A-Long had a nice turnout.
Village Managers Report by Village Manager Zegarelli
- 6,300 lineal feet of pipeline was installed out of the 19,000 for the Full Water Supply Project.
- The Rosecliff Tank painting has been completed and is targeted to be filled on December 31st.
- The RFP was sent out for Scarborough Station Valet Parking.
- The Pine Road Bridge Project is 75% complete.
- Nita Lowey announced the Village will receive a $40,000 grant for license plate reader for police cars.
Public Comments
Mr. Clay Tiffany of Hall Road stated he filed a notice of claim on the Village and requested copies be sent to all of the defendants. He requested Ethics Board Chairman Stuart Halper be removed from serving on the Board.
State Environmental Quality Review Act Determination EAF Part 2, Negative Declaration Scarborough Corridor Rezoning
Village Attorney Smith stated there was a minor change in the resolution and if the Board adopted the resolution they would be declaring that the proposed actions would not likely have a significant negative environmental impact.
Mr. Clay Tiffany of Hall Road asked for clarification and stated the proposed legislation was racist and economically based.
Upon motion by Trustee Waxenberg, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution as amended:
State Environmental Quality Review Act Determination
EAF Part 2, Negative Declaration
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 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, Becker Lane, and Central Drive 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 reviewed 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 Part 1”); and
WHEREAS, by resolution adopted October~15, 2009, the Board of Trustees declared that it is Lead Agency for the purpose of reviewing the environmental impacts of the Proposed Action under SEQRA, determined that the Proposed Action is a Type~1 Action under SEQR pursuant to 6~N.Y.C.R.R.~§612.4(b)(1), and authorized the Mayor or his designee to execute the EAF Part 1; and
WHEREAS, duly advertised public hearings pursuant to NYS Village Law~§7_708 were held at Village Hall, 1111~Pleasantville Road, Briarcliff Manor, New York, and on the Proposed Action by the Board of Trustees at 7:30~PM on November~5, 2009, at 7:30~PM on November~19, 2009, and at 7:30 PM on December~3, 2009, at which times all those wishing to be heard were given the opportunity to be heard, and the hearings were closed on December~3, 2009; and
WHEREAS, the Board of Trustees reviewed a Full Environmental Assessment Form, including Parts~1, 2, and 3 and appendices, dated December~14, 2009, prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of the Proposed Action (“Full EAF”); and
WHEREAS, the Board of Trustees received and considered the Full EAF, oral and written comments and protests from David S. Steinmetz, Esq. of Zarin & Steinmetz and Stephen Lopez of Tim Miller Associates for Albert Erani, oral comments from Jay Teitelbaum, Keith Austin, David Jonas, Carol Santucci, Suzanne Whitmore, John Cass, Clay Tiffany, Larry Christy, and Sheila Builder over the course of the public hearings, and written comments from Planning Board Chair Edward P. Nolan and Members of the Planning Board dated November~18, 2009, and Westchester County Department of Planning dated June~4, 2009, and November~19, 2009, among others;
NOW THEREFORE BE IT:
RESOLVED, that the Board of Trustees, having considered the facts and conclusions set forth in the Full EAF regarding the potential environmental impacts of the Proposed Action, hereby determines that the Proposed Action will not have any significant adverse impact on the environment as set forth in the “Negative Declaration” attached hereto; and be it
FURTHER RESOLVED, that the Mayor or his designee is authorized to execute the Full EAF and, for the reasons set forth, to execute and file a Negative Declaration in accordance with the applicable provisions of law.
Resolution to Amend Chapter 220-3 and the Zoning Map Adopted Thereunder to Modify the Boundaries of the Existing R40A and R60A Single Family Residence Districts and Establish a New R80A Single Family Residence District
Village Attorney Smith explained the changes to the proposed legislation and stated the hearings didn’t need to be re-noticed because one change was purely technical and the other only affected the continuation of status quo for Special Use Permits.
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to amend the language of the proposed legislation.
Trustee Waxenberg read a letter from Deputy Mayor Venditti.
Mr. Clay Tiffany stated he thought Deputy Mayor Venditti’s comments should be disregarded and the only people that would benefit from the law were scoundrels.
Trustee Sullivan stated that while she fully supported the concept she always recognized the importance of protecting property rights. She stated the Board heard Mr. Erani’s objections but the law was to balance the equities for all residents. She further stated Mr. Erani’s suggestion of an R50 zone was interesting but his calculations didn’t include all of the environmental issues of the property or the dedicated land for Recreation. She stated the difference between the R50 zone and the R60 zone was de minimis and she couldn’t reconcile creating a new district for one resident.
Trustee Mayer stated he would add his name to Deputy Mayor Venditti’s comments.
Trustee Waxenberg stated the objective of the upzoning came out of many years of study and was to preserve the Village’s infrastructure as well as protecting the natural resources that make the Village special. She stated the corridor was much larger than just Holbrook Road and Old Briarcliff Road. She stated she was proud of the process the Board put forth to the public and they did a wonderful job of balancing property rights. She stated the majority of residents were extremely supportive of the upzoning.
Mayor Vescio stated he would add his name to Deputy Mayor Venditti’s comments as well. He further stated it was a hallmark day for the Village and the process was well handled and balanced and protected the Village and property owners. He thanked everyone for their input and participation.
Village Attorney Smith noted two Protest Petitions were filed and in order to approve the legislation all Board members present needed to vote favorably.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the proposed local law to amend Section 220-3 of the Code of the Village of Briarcliff Manor and the Zoning Map adopted thereunder to modify the boundaries of the existing R40A and R60A Single Family Residence Districts and establish a new R80A Single Family Residence District consisting of 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, Becker Lane and Central Drive is hereby adopted.
Resolution to Amend 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 the 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 is hereby adopted.
Budget Amendment
Mayor Vescio recused himself from participating in the budget amendment resolutions.
Trustee Waxenberg stated the Board did a good job in changing the Planning Board Consultant procedures and the local law was to be fair to those applicants that were abused by the excessive charges. She further stated the Board was looking to do what was right and fair for all residents.
Trustee Sullivan stated the Board opened up the opportunity for applicants to appeal overcharges and the budget amendments were addressing those appeals.
Village Attorney Smith stated the right to appeal still existed and the budget amendments were for prior applicants.
Mr. Clay Tiffany stated the amendments were not explained enough and it seemed to be a retroactive and political decision.
Trust and Agency Accounts – Planning Board Claims
Upon motion by Trustee Mayer, seconded by Trustee Sullivan, Trustees Mayer, Sullivan and Waxenberg voted to approve the following resolution:
BE IT RESOLVED that $41,037.19 is hereby appropriated from the General Fund Fund Balance to replenish various Trust and Agency Accounts as per Local Law 3 of 2008 “Amendment to Chapter 122 for Consultant Fees on Zoning Board of Appeals Applications and Appeals of Consultant Fees Charged on all Land Use Applications” adopted by the Village of Briarcliff Manor Board of Trustees on December 4, 2008, and of that appropriation, $14,764.50 shall be credited to Old Sleepy Hollow Estates/HB Messer TA Account 0899, and $6,777.26 shall be credited to LRM Holding Corp TA 94, and $16,398.52 shall be credited to Behling/McVeigh TA 0862 and $3096.91 shall be credited to William and Sara Vescio TA 0823.
TA 0899 Old Sleepy Hollow Estates/HB Messer
Upon motion by Trustee Mayer, seconded by Trustee Sullivan, Trustees Mayer, Sullivan and Waxenberg voted to approve the following resolution:
BE IT RESOLVED that any remaining balance due on the Old Sleepy Hollow Estates/HB Messer TA Account 0899 shall be collected from the applicant and remitted to the Village of Briarcliff Manor.
TA 94 LRM Holding Corp
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, Trustees Mayer, Sullivan and Waxenberg voted to approve the following resolution:
BE IT RESOLVED that the funds held in LRM Holding Corp. TA Account 94 care of Michael Gelardi are to be maintained by the Village pending distribution instructions from Village Counsel as the Village has been served with a Sheriff’s Levy as to all funds due LRM Holding Corp. and Michael Gelardi.
TA 0862 Heather McVeigh
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, Trustees Mayer, Sullivan and Waxenberg voted to approve the following resolution:
BE IT RESOLVED that the Village Manger is authorized to close Behling/McVeigh TA Account 0862 agent for George Behling and issue a check to Heather McVeigh for $16,398.52.
TA 0823 William and Sarah Vescio
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, Trustees Mayer, Sullivan and Waxenberg voted to approve the following resolution:
BE IT RESOLVED that the Village Manager is authorized to close William and Sara Vescio TA Account 0823 and issue a check to William and Sara Vescio for $1,931.72.
Return Unused Donated Funds to the Friends of the Library
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 authorize the transfer of outstanding and unused donated funds in the amount of $12,340.99 from H7410.201.09 FOL (Friends of the Library) increasing expense H9901.920 (Transfer to Trust and Agency).
BE IT FURTHER RESOLVED that the Board of Trustees further authorizes the return of outstanding and unused donated funds in the amount of $12,340.99 in TA 33 to refund the Friends of the Briarcliff Manor Library.
Resolution to Terminate Health Benefits for Part-Time Employees
Upon motion by Trustee Waxenberg, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that effective January 1, 2010, the Board of Trustees hereby terminates health benefits for all part time employees who work fewer than 20 hours per week~in any one week and/or~make less than the annual maximum allotment as per Section 212 of the New York State Retirement and Social Security Law which is currently set at $30,000.~~
Budget Amendment - Unclaimed Bail Money
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the budget for Fiscal Year 2009-2010 is hereby amended as follows:
Increase Revenue
(A0101.2770) by $500.00
Capital Water Budget FY 09-10 Bond Resolutions - Scarborough Station Road Water Main Project
Upon motion by Trustee Waxenberg, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BOND RESOLUTION, DATED DECEMBER 17, 2009, AUTHORIZING THE ISSUANCE OF UP TO $35,500 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE ADDITIONAL COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE SCARBOROUGH WATER MAIN, IN AND FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the additional costs of the acquisition, construction and reconstruction of improvements to the Scarborough water main, in and for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $35,500, all in accordance with the Local Finance Law;
WHEREAS, on October 2, 2008 the Board of Trustees of the Village adopted a serial bond resolution (the “Prior Resolution”) to finance the costs of the acquisition, construction and reconstruction of improvements to the Village water system in the aggregate amount of $581,400, including the acquisition, construction and reconstruction of improvements to the Scarborough water main ($71,400), in and for the Village (the “Project”),
WHEREAS, The Board of Trustees of the Village now hereby determines that the cost of the Project has increased by $35,500 to $106,900;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Briarcliff Manor, County of Westchester, State of New York, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $35,500, pursuant to the Local Finance Law, in order to finance the additional costs of the acquisition, construction and reconstruction of improvements to the Scarborough water main, in and for the Village.
Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum additional costs of the Project are $35,500; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project except as set forth in clause (c) of this Section 2 as to the bond anticipation notes issued in anticipation of the issuance of serial bonds of the Village previously issued under the Prior Resolution; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the $35,500 proceeds of the serial bonds, or bond anticipation notes issued in
anticipation of the issuance of such serial bonds, authorized herein together with proceeds of obligations not exceeding $71,400 authorized and issued under the Prior Resolutions; and (d) the maturity of the serial bonds authorized herein may be in excess of five (5) years.
Section 3. It is hereby determined that the costs of the Project, at an estimated maximum cost of $35,500, for which $35,500 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein, such objects or purpose, or class of objects or purpose, having a period of probable usefulness of forty (40) years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, and such serial bonds shall have a maximum maturity not to exceed forty (40) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 3. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer as Chief Fiscal Officer is further delegated the power to submit any applications, documents
and/or financial and statistical data as may be required, to the Environmental Facilities Corporation of the State of New York (“EFC”) to effectuate the financing of serial bonds and/or bond anticipation notes through the EFC’s Clean Water State Revolving Fund Program. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.
Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Gazette, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of publication of this bond resolution, or such summary
thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York.
Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this
bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the “obligations”), to finance the costs of the Project. The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”)
(except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein
may be applied to reimburse expenditures or commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Board of Trustees of the Village.
Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the “Rule”) promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and
thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment shall be the Village’s continuing disclosure agreement for purposes
of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney and such bond counsel or other qualified independent special counsel in determining whether a filing should be made.
Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Adjournment
Trustee Waxenberg read a statement aloud from Deputy Mayor Venditti regarding the Planning Board consultant fees.
Village Manager Zegarelli stated the work session for December 22nd was canceled and the one scheduled for January 7th would begin at 6:00pm.
Mayor Vescio wished everyone safe, happy and joyous holidays.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to close the regular meeting at 8:35pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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