Council OKs five-year reauthorization for Westchester Business Improvement District amid objections from some expansion-area property owners

Borough Council voted unanimously to adopt an ordinance authorizing a five-year reauthorization of the Westchester Business Improvement District, renewing the BID through 2030 and maintaining the current millage rate.

John O'Brien, executive director of the Westchester Business Improvement District (referred to in materials as Downtown Westchester), told council the organization was created in 2000 to revitalize downtown and said the reauthorization would let the BID continue work on cleaning, streetscape improvements, marketing and event promotion. "This plan maintains the millage rate that has been the same for the last 10 years," O'Brien said.

The plan proposes an expansion of the BID footprint to add 85 parcels concentrated on South High Street, East Gay Street and East Market Street. O'Brien told council the proposed expansion produced an overall objection rate of 2.3% across the entire draft district and a 9.5% objection rate for just the 85 parcels proposed for addition — both below the 40% threshold in the Neighborhood Improvement District Management Act (NIDMA) that would block authorization.

Multiple property owners and residents spoke during the public hearing and urged council to either reject the expansion or postpone action so the BID could hold broader community meetings for the expansion area. Bob Hall, who said he represents 116 South High Street and that his corporation submitted a written objection under the 45-day process, said he objected to the inclusion of parcels with residential uses that receive a mixed-use exemption. "They're getting a free ride by that exclusion," Hall said, arguing that commercial-only properties were being asked to shoulder a disproportionate share of the assessment.

Other speakers echoed concerns about notification and outreach. Eric Lorgas and John O'Connell described the expansion-notice materials as insufficiently clear for some parcel owners, and urged council to delay the expansion so the BID could hold community meetings similar to the neighborhood negotiations when the BID was first formed. Diane Davis, who said her property at 320 Skay Street is in the proposed expansion, provided figures she said were from O'Brien showing that eliminating the mixed-use discount inside the existing BID would generate about $94,600 — more than the $56,344 projected from the proposed expansion — and asked council to consider that alternative.

O'Brien and BID board chair Mark Thompson said the BID went beyond legal notice requirements by mailing materials twice, holding outreach meetings, and posting comparative boundary maps on its website. O'Brien said the board received positive feedback overall and that some property owners and developers asked to be included.

After public comment, several council members said they had considered objections carefully but did not find the number of formal objections sufficient to block the plan. Council member McCoy moved to adopt the ordinance; the motion was seconded and carried on a roll-call vote with all seven council members recorded as "Yes." Council did not amend the reauthorization ordinance at the meeting.

The ordinance preserves the procedural protections in NIDMA: if 40% or more of parcel owners in a proposed district file valid objections during the statutory window, the reauthorization fails. O'Brien noted the BID's objection rate remains well below that statutory threshold.

Council and the BID briefly discussed intended uses of additional revenue from expansion — O'Brien cited streetscape planning, additional trash receptacles and expanded cleaning and green efforts — and repeated that any future millage increase would require an amendment process and would allow property owners the same right to object.

The council vote concluded the public-hearing portion of the evening. The ordinance was adopted as presented and will take effect according to borough ordinance adoption procedures.