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Board of Trustees Minutes 04/06/2011
Village Board of Trustees
Regular Meeting
April 6, 2011
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 6th of April 2011 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Anthony Capasso, Trustee
Robert Mayer, Trustee
Lori A. Sullivan, Trustee

Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Robin Rizzo, Village Treasurer
Clinton Smith, Village Counsel

Continued Public Hearing to Amend a Special Use Permit – Trump National Golf Club

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to reopen the Public Hearing.  

Village Manager Zegarelli briefly explained the proposed amendments to the Special Use Permit.  

Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to adjourn the Public Hearing to April 20, 2011 at 7:30pm.  

Public Hearing to Amend Chapter 220, Zoning to add a new Section 220-6(J) (15) for shared residence Special Use Permits

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

Deputy Mayor Venditti stated the proposed legislation was a generic zoning change, not for a specific property.  

Trustee Mayer stated a highly inaccurate, racist statement was circulated to the Linden Circle/River Road neighborhood and he was disappointed in the misinformation.  

Village Attorney Smith explained the proposed legislation and explained what shared housing was versus a group home.  

Deputy Mayor Venditti stated the mere passing of the Zoning Legislation did not authorize A-Home to proceed.  He stated they would have to come back before the Board and the Planning Board for Special Permit and Site Plan approval.

Mr. William Ingherhan of 38 Waterview Drive in Ossining, stated he had been a member of the Scarborough Presbyterian Church for 15 years and he had been on the ruling body “The Session” for the last five years.  He stated the Church owned the Manse property and they had been trying to decide for several years what to do with the property.  He stated it was in need of serious, costly repair and they reached out to not-for-profit groups to expand their mission to serve the needy people of the community.  He further stated A-Home had an excellent reputation and there would be a highly involved application process.  He stated they Church had been there for 100 years and fear is the opposite of love, not hate.  

Mr. John Marwell, Attorney for A-Home, stated he appreciated the Board entertaining the Zoning Amendment.  He stated A-Home had a rigorous admissions procedure and welcomed the public to come and visit any of their other homes.  He stated their organization helped people to regain and retain their dignity and self respect.  He stated a Special Permit, Environmental Review, Site Plan and Public Hearing would be required for the Application to move forward.  

Ms. Joan Arnold, Executive Director of A-Home gave an overview of A-Home’s history and their residents.  She stated the model was well known in Northern Westchester and they gave old homes new lives.  She stated the typical resident was an older adult and the admissions process was very in depth with approximately 30 documents and a review committee of 12-13 people.  She stated they had very strict rules and an eviction policy in place should it be needed.  

The Board asked who maintained the property and how residents got to and from the site.  

Ms. Arnold stated there was a maintenance team that kept up their properties and about 20% of their residents had cars with the rest relying on public transportation.  She listed the other communities nearby with similar homes.  

Mr. Tim Ives, Minister of Scarborough Presbyterian Church stated people of the church were very attached to the Manse and did not want to sell it if it wasn’t necessary.  He stated the repairs would be very costly to restore it.  

Deputy Mayor Venditti read excerpts from the letter distributed and stated he lived within walking distance of the Manse and found the letter grotesque and hated to think the person that wrote it lived near him.  

Mr. Robert Little of Scarborough Circle, stated he had the greatest respect for the Board and their integrity and he hoped they could maintain their relationship.  He stated A-Home was a developer and it was joined at the hip with the Zoning proposal.  He stated this was spot zoning and they only learned about this by accident and he felt there was a conspiracy to keep this quiet.  He stated he felt the site should be converted into owner occupied units instead of single occupancy rentals.  

Village Attorney Smith stated there were multiple sites that would qualify for this type of shared housing.  

Ms. Maxine Olson of 17 Quinn Road stated she supported the change and it was important for Briarcliff Manor to use their existing housing stock in a creative way that met the needs of the community.  She asked if being within one mile of the railroad was necessary and hoped the amendment had a favorable result.  

Ms. Claire Ciancio of River Road asked why they needed to have this so close to another group home.  

Mayor Vescio stated this was not a group home and because the State controlled those, they were not bound by the Village Code.   

Mr. Ken Okin of Scarborough Road stated he was a neighbor to the Church and commended the Board for considering the amendment.  He stated he was upset with Mr. Little’s disparaging remarks about renters and the community needed more diversity.  He stated A-Home had a great track record and hoped the Board would approve the proposal.  

Deputy Mayor Venditti encouraged the public to review the draft legislation and stated if approved, the Special Permit would have a five year renewal and if they didn’t live up to expectations it would not be renewed.  

Mr. Steve Varvaro of 170 Revolutionary Road stated he was shocked the proposal had gotten this far and this was at the back end of Briarcliff Manor and was a defacto Ossining action.  He stated Revolutionary Road had a number of safety issues, speeding, garbage and accidents.  He submitted a powerpoint presentation to the Board and stated the road was not safe to walk on.  

Deputy Mayor Venditti stated the Board was instrumental in getting the Department of Transportation to reconfigure Route 9.  

Village Manager Zegarelli stated he took several members of the Board of Trustees to the site prior to this session and walked the site and immediate surrounding neighborhood.  

Ms. Maggie Walker of Scarborough Circle stated she had teenaged boys that walked the neighborhood and she was concerned about the types of residents that would live there.  She asked the Board to specify who could and couldn’t live there.  

Deputy Mayor Venditti stated that would be unconstitutional and discriminatory.  

Ms. Walker asked what other properties were considered for the proposal.  

Mayor Vescio stated the process was not behind the scenes or clandestine and the sale of the property had nothing to do with bringing affordable housing to Briarcliff Manor.  He stated it was an open process to bring affordable housing to the Village and they were being proactive to control the Village’s destiny.  He stated the previous County Executive agreed to a housing settlement that in his opinion was absurd and the Board was governing as best as they saw fit.  

Trustee Sullivan stated if additional specificity could be added to the legislation they’d look into it.  

Deputy Mayor Venditti stated the Board was looking at a number of Zoning Amendments including mixed use in the Central Business District to provide diversity to the community and stay ahead of the curve.  

Mr. Jerry Citron of Revolutionary Road stated he lived there for 45 years and the intersection was extremely dangerous.  

Mayor Vescio stated they would speak to the Village of Ossining to see if the intersection could be addressed.  

Mr. James Kelly of Scarborough Road asked if background checks were not required how A-Home would know if sex offenders lived there.  

Ms. Arnold stated background checks could be added as a requirement to the Special Use Permit.  

Ms. Liz Weinstein of 180 River Road asked what other properties were being considered and if it needed to be near the train.  

Mayor Vescio stated affordable housing units were also being built at 445 North State Road and they needed to be near public transportation.  

Village Manager Zegarelli stated there was a pool of criteria for affordable housing, including access to transportation networks and close proximity to shopping.  

Mr. David Walker of 5 Scarborough Circle asked if the units would meet the Federal mandate.  

Mayor Vescio stated they were given preliminary approval that it would meet the Federal model and the Zoning Amendment wasn’t about one property specifically.  

Ms. Hannah Berkowitz of 33 Creighton Lane, suggested revisions to the proposed legislation and stated their neighborhood was residential and not commercial.  She stated they sacrificed a lot for the Clearview School and the State Group Home and they didn’t want this forced down their throats.

Trustee Sullivan stated the hearing was noticed in accordance with the requirements and was also in the Manor Monthly.  

Trustee Mayer noted for the record there were two emails submitted from Christopher Bogart of 50 Revolutionary Road.   

Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to adjourn the Public Hearing to May 4, 2011.  

Public Hearing Fiscal Year 2011-2012 Tentative Budget

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

Village Manager Zegarelli presented the FY 11-12 Budget.

Upon motion by Trustee Mayer, seconded by Trustee Sullivan, the Board voted unanimously to adjourn the Public Hearing to April 20, 2011.  

Public Comments

None

Authorize Village Manager to approve Change Orders – FWSP - Talt

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

BE IT RESOLVED that the Board of Trustees hereby approves the following change orders for a total project increase of $82,015.73:

Change order Talt-CO2 in the amount of $1,077 for an electric hot water heater.  

Change order Talt-CO3 in the amount of $10,500 for the installation of communication lines at Rosecliff Tank.  

Change order Talt-CO4 in the amount of $57,761.94 for the installation of 3 phase 120V power to the existing Meter Building at Executive Boulevard.  

Change order Talt-CO5 in the amount of $3,491.95 for the installation of a spare conduit.  

Change order Talt-CO6 in the amount of $8,066.29 to provide electrical service to operate a unit heater.  

Change order Talt-CO7 in the amount of $1,118.55 for a spare conduit for a future communication line.  

BE IT FURTHER RESOLVED, the funds will be drawn from contingency in account H8397.201.10PEL for change order approval from the New York State Environmental Facilities Corporation for the Full Supply Project.  

Award of Bid

Long Hill Road Drainage Project

Trustee Sullivan requested the list of bids be included in future memorandums.

The Board requested the 15% contingency be reduced to 10%.  

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

WHEREAS the Village received 22 bids for the Long Hill Road Drainage Project; and

BE IT RESOLVED that the bid for the Long Hill Road Drainage Project (VM-1011-9) is hereby awarded to Legacy Valve LLC as per their proposal of $78,489 with a 10% contingency, Inspection services and an As-Built/GIS Import not to exceed a total project cost of $86,338.  

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Legacy Valve LLC for said equipment.    

Library and Community Center Recreation Space Build Out

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

WHEREAS the Village received 6 bids for the Library Basement Build-Out Project; and

BE IT RESOLVED that the bid for the Library Basement Build-Out Project (VM-1011-8) is hereby awarded to All Pro Home & Office Corp. as per their proposal of $111,000 with a $5,000 contingency, office furniture installation and miscellaneous IT work not to exceed a total project cost of $137,355.    

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with All Pro Home & Office Corp. for said equipment.    
Budget Amendment – Justice Court Grant

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

BE IT RESOLVED that the budget for fiscal year 2010-2011 is hereby amended to accept a JCAP Grant from the Office of Court Administration towards the purchase of Court Room Curtains as follows:  

Increase Appropriation – Court Room Furniture (A1010.204.2772) by $4,607  

Increase Revenue – Misc. Revenue State (A0101.2772) by $4,607  

Fire Department Service Awards Program

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

BE IT RESOLVED, that the Volunteer Firefighter Service Award Program list for all 2010 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.

Authorize Village Manager to Execute an Agreement - SPCA

Village Manager Zegarelli noted the contract amount was reduced by 25%.  

Upon motion by Trustee Capasso, seconded by Trustee Mayer, 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 SPCA of Westchester, Inc. for animal control services for 2011 for an annual contract amount of $7,001.36.  

Minutes

The minutes were tabled to the next meeting.  



Adjournment

Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to adjourn the regular meeting at 9:55pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk