Village Board of Trustees
Regular Meeting
May 17, 2007
7:30 p.m.
A 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 May commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Elsie Smith, Trustee
Gayle Waxenberg, Trustee
Also Present
Michael Blau, Village Manager
Ingrid Richards, Assistant Village Manager
Clinton Smith, Village Attorney
Christine Dennett, Village Clerk
Public Hearing, Chapter 195 Taxation, Article II, Senior Citizen Exemptions and Article VI, Exemption for Persons with Disabilities and Limited Incomes
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to close the public hearing.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Code of the Village of Briarcliff Manor, Chapter 195 Taxation, Article II, Senior Citizen Exemptions and Article VI, Exemption for Persons with Disabilities and Limited Incomes by increasing the income levels for exemptions.
Continuation of Public Hearing, Amend Special Use Permit, Sprint Spectrum, LP
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to open the public hearing.
Mr. Clay Tiffany of Hall Road stated eventually cell phones would be found to be deleterious to life on earth. He discussed a number of case studies regarding cell phone usage and its affects.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to continue the public hearing to June 7, 2007.
Stormwater Management Presentation, David Turiano, Village Engineer
David Turiano, Village Engineer presented to the Board and the public. He gave an overview of the past four years and the future plan for the fifth and final year of the program.
Ms. Ellen Melnick of North State Road asked if the water was inspected for contaminants.
Mr. Turiano stated the water was inspected particularly near septic areas and if any contaminants were found the County was notified.
Mr. Clay Tiffany predicted there would be flooding at the bottom of Long Hill Road and asked who was responsible for the houses on Scarborough Station Road. He stated there was a lot of erosion in that area and the Borho bus lot had a lot of illicit discharge.
Mayor Vescio thanked Mr. Turiano for his presentation.
Hazard Mitigation Presentation, Jonathan Raser, Tetra Tech EM Inc.
Mr. Jonathan Raser of Tetra Tech presented to the Board and the public.
Mr. Clay Tiffany asked the Board to not allow over development in the Village. He further asked that Echo Lake not be tampered with.
Ms. Ellen Melnick asked if the trees being cut down by Con Edison would cause flooding.
Mr. Raser stated clear cutting could cause flooding but the trees most likely were being cut down to prevent a disruption in electrical service.
Mayor Vescio thanked Mr. Raser and all of the staff that contributed to the Hazard Mitigation Plan for their hard work.
Board of Trustees Announcements
Deputy Chief Joe Piazzi passed away. He was a former Chief and the flag was at half mast in his honor.
“Walk in the Woods” on May 23rd from 10am-11am in Pocantico Park
The library bids were received and being evaluated.
Safety Reminder, if there are barricades in the road do not drive around them it puts everyone at risk. If you have any question please contact the Police Department.
Deputy Village Clerk, Paula DiSanto accepted a position as Village Clerk in Croton. The Board wished her luck.
Village Managers Report
The Route 9 repaving will begin in the next two weeks and continue into July.
Assistant Village Manager, Ingrid Richards is being honored by the Westchester Business Council as one of the stars of 40 people under 40 in the Business Community.
Public Comments
Mr. Mort Berger of 2 Elizabeth Court asked if anything of interest was occurring with the Kings College property.
Mayor Vescio stated he anticipated a news release within the next couple of weeks.
Mr. Berger asked if any information was received regarding Brandywine and their tax exempt status.
Mayor Vescio stated Counsel had been directed to research the matter and will report on it.
Village Manager Blau stated the property owned by Elant was off the roll but the larger parcel owned by Brandywine Holdings was still on the roll.
Ms. Ellen Melnick asked if there was any information on the parking at Scarborough Station.
Trustee Mayer stated they met with Metro North two weeks ago and they learned that only 20 spaces wouldn’t be available during the course of work and any additional work would be done on the weekend. He further stated the net loss of spaces wouldn’t be great and Metro North was extremely helpful and professional during the meetings.
Mr. Clay Tiffany stated the lawyers submitted false information to a federal judge and further stated issues he had with the Police Department.
Special Use Permit, Sleepy Hollow Country Club
Mayor Vescio commended Sleepy Hollow Country Club for reducing their skeet shooting hours to 10:00am-12:00pm. He stated it demonstrated them being a good neighbor.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, with two abstentions from Trustee’s Smith and Mayer the Board voted to approve the following resolution: SEQRA
Upon motion by Deputy Mayor Venditti, seconded by Trustee Waxenberg, with two abstentions from Trustee’s Smith and Mayer the Board voted to approve the following resolution:
WHEREAS, Sleepy Hollow Country Club (“Club”) has applied to the Board of Trustees (“Board”) of the Village of Briarcliff Manor (“Village”) for special permit approval for its operation as a “club… not operated for gain” under Village Code~§220_6(J)(6) at its current location consisting of the following parcels designated on the Village’s Tax Maps as Section~104.08, Block~1, Lot~51; Section~104.11, Block~1, Lot~41; Section~104.12, Block~1, Lot~1; Section~104.12, Block~1, Lot~6; Section~104.16, Block~1, Lot~7; Section~104.16, Block~1, Lot~10; and Section~105.09, Block~1, Lot~1 and commonly known as 777~Albany Post Road, Scarborough, New York (“Property”); and
WHEREAS, the Property consists of 338 acres, more or less, located in a R60A residential zoning district; and
WHEREAS, the Club was established and has continuously been operated as a “country club” on the Property since 1911, which predates adoption of the Village Zoning Ordinance permitting “clubs… not operated for gain” to operate in a residential zoning district by issuance of a special permit; and
WHEREAS, the current use of the Property is a legal, pre-existing non-conforming use; and
WHEREAS, the operations of the Club will not be affected by granting special permit approval to the Club, and a narrative submitted by the Club and describing its operations dated December~7, 2006, is annexed and incorporated into this Resolution as Exhibit 1 (“Operations Narrative”); and
WHEREAS, the improvements and use of the Property will not be affected by granting special permit approval to the Club, and a current site plan of the Property prepared by H. Stanley Johnson and Company Land Surveyors, P.C. in February~12, 2007, is annexed and incorporated into this Resolution as Exhibit 2 (“Site Plan”); and
WHEREAS, no other property within the Village will be affected by granting special permit approval to the Club; and
WHEREAS, the Club’s application for special permit approval has been subject to an uncoordinated review by the Board under the State Environmental Quality Review Act (“SEQRA”), which involved the preparation of a Short Environmental Assessment Form that concluded that granting special permit approval to the Club will not result in any significant adverse environmental impact; and
WHEREAS, the Village Board of Trustees called and held a duly advertised a public hearing on the Club’s application for special permit approval on April~19, 2007, and that hearing was adjourned to and continued and closed on May~3, 2007, and all those wishing to be heard were given the opportunity to be heard at the public hearing; and
WHEREAS, after the close of the public hearing, the Club informed the Village that the Club issues memberships only to individuals and allows Club members’ immediate family members use of the Club facilities and privileges, subject in all cases to appropriate rules and regulations.
WHEREAS, after the close of the public hearing, the Club proposed and agreed that: (i)~for the purposes of Village Code~§220_6(J)(6)(C), the term “members” shall mean the individuals identified as members in accordance with the Club’s rules, (ii)~skeet shooting at the Property on Thanksgiving Day shall be allowed only between the hours of 10:00~AM and Noon, (iii)~the Club shall explore and continue to explore alternatives to reduce the noise from the skeet shooting, and (iv)~the Club shall regularly inspect the drainage channel and culvert on the Property and if any obstruction is observed, then to the extent possible by hand and allowed without any governmental permit, remove that obstruction by hand in order to help to minimize the risk of flooding in the area of Holly Place; and
WHEREAS, pursuant to New York General Municipal Law Sec. 239-m and Westchester County Administrative Code Sec. 277.61 and 277.71, the Club’s application for special permit approval was referred to the Westchester County Planning Department and to the Town of Mount Pleasant, but the Village included a note in each case to the effect that granting special permit approval to the Club will not change the use classification of the Property so as to require referral; and
WHEREAS, Westchester County Planning Department responded to the referral by letter dated May 3, 2007, and stating that action on the Club’s application for special permit approval is a matter for local determination; and
WHEREAS, the Town of Mount Pleasant has not responded to the referral; and
WHEREAS, pursuant to Village Code §220-6(C), the Club’s application for special permit approval was referred to the Village Planning Board for its review and recommendation; and
WHEREAS, the Planning Board addressed the Club’s operations and the Property as set forth in the Operations Narrative, the Site Plan, and public comment in a report to the Board dated March 20, 2007, which generally concluded that Club’s operations and improvements to and use of the Property conform to the standards and meets and furthers the requirements of Village Code §220-6, and a copy of the Report is annexed and incorporated into this Resolution as Exhibit~3 (“Planning Board Report”); and
WHEREAS, the Board is familiar with the Property and the Club’s operations and use of the Property; and
WHEREAS, converting the Club’s use of the Property from a pre-existing non-conforming use to a special permit use will allow for better regulation and land use control; and
WHEREAS, the Property is an important part of the Village character and open space; and
WHEREAS, the Club’s continuation of its current operations on the Property are consistent with the past use of the Property and the Village’s Master Plan, surrounding land uses, and zoning; and
WHEREAS, other important benefits of granting the Club special permit approval include, but are not necessarily limited to, greater clarity of legal status and more efficient regulation and administration;.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RESOLVED, the Board of Trustees adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein.
RESOLVED, in its consideration of the Club’s application, the Board of Trustees has reviewed and relied on:
1. Application Letter dated October~20, 2006, with attached:
1.1. Narrative explaining anticipated renovations of pool/snack bar/locker room dated October~20, 2006.
1.2. Conceptual Plans of Butler Roger Basket Architects dated October~19, 2006, and October~20, 2006.
1.3. Application Letter to Mayor and Trustees dated December~7, 2006, with attached narrative of Club’s present and planned facilities and functions dated December~7, 2006.
2. Application Letter on Special Permit Application Referral to Planning Board Chair dated November~22, 2006, with attached:
2.1. Master Site Plan.
2.2. Application and fees.
2.3. Narrative of Club’s present and planned facilities and functions dated December~7, 2006.
3. Submission Letter to Planning Board Chair and members dated February~15, 2007, with attached:
3.1. Memorandum on golf course setback distances.
3.2. Topographical survey map of the property prepared by H. Stanley Johnson and Company Land Surveyors PC dated February~12, 2007.
4. Submission Letter to Village Manager dated April~3, 2007, with attached:
4.1. Revised Master Site Plan.
4.2. Letter of February~15, 2007 to Planning Board.
4.3. Short Environmental Assessment Form with Part I completed.
5. Planning Board Report to Mayor and Trustees dated March~20, 2007
6. Presentations and statements made at the public hearing.
RESOLVED, the Board of Trustees finds that:
7. The Club presently has approximately 573 individuals listed as members on its rolls and allows use of the Club to the immediate family and guests of each member.
8. The Club’s use of the Property, its location(s) on the Property, the nature and intensity of the operations and traffic in connection with it, the size of the site in relation to it, and the location of the site with respect to the type, arrangement, and capacity of streets giving access to it, are in satisfactory harmony with the appropriate and orderly development of the R60A~zoning district in which the Property is located.
9. The location, nature, and height of buildings, walls, and fences, and the nature and extent of the landscaping and screening existing on the Property are such that the Club’s use of the Property does not hinder or discourage the appropriate development and use of adjacent land and buildings.
10. The Club’s operations are not more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting, or flashing of lights, than would be the operations of any permitted use not requiring a special permit.
11. Parking areas are of adequate size for the Club’s use of the Property, properly located, and suitably screened from any adjoining residential uses, and the entrance and exit drives are laid out so as to achieve maximum safety.
12. The character, intensity, size, and location of the Club’s use of the Property is generally in harmony with the orderly development of the R60A~zoning district in which the Property is located and will not be detrimental to the orderly development of adjacent districts.
13. The Club’s operations and improvements on the Property do not impair the use, enjoyment, or value of adjacent residential properties.
14. The nature and intensity of the Club’s use of the Property and the traffic generated by it is not especially hazardous, incongruous, or detrimental to the prevailing residential character of the neighborhood.
15. The applicable conditions and standards for Special Permit Use set forth in Village Code~§220_6(C)(1) through (8) have been met.
16. All of the Club’s buildings, swimming pools, and grounds for games or sports are located sufficient distances from the Property lot lines.
17. All of the Club’s buildings, swimming pools, and grounds for games or sports are located at least 100 feet from any lot line, except that the following golf course features are less than 100 feet from the Property lot lines and are approximately the distances set forth: (i)~Lower Golf Course: #1~Green~75’, #2~Green~60’, #3~Green~55’, #4~Tee30’, #4~Rough~40’, #4~Fairway~75’, #4~Green~75’, #5~Tee~42’, #8~Tee~10’, #7~Green~70’, #7~Bunker~43’, #7~Fairway~75’, #6~Green~50’, #7~Tee~68’; (ii)~Upper Golf Course: #6~Green~60’, #6~Rough~45’, #6~Fairway~75’, #17~Tee~12.
18. The Club has on the Property more than one off-street parking space for each three members of the Club.
19. The applicable conditions and standards for Special Permit Use set forth in Village Code~§220_6(J)(6) have been met.
RESOLVED, that the Board of Trustees imposes the following conditions on the grant of special permit approval to the Club:
20. Except as otherwise set forth in these conditions or approved by the Board of Trustees in an amendment to the Club’s special permit approval, the nature and intensity of the Club’s operations shall remain as set forth in the Operations Narrative.
21. Except as otherwise set forth in these conditions, no change shall be made on the Property to add an improvement or to change the footprint or location of any improvement shown on the Site Plan unless approval for the addition or change is obtained from the Village Planning Board under Village Code~§220_14.
22. For the purposes of Village Code~§220_6(J)(6)(c), the term “members” shall mean individuals listed as members on the Club’s rolls.
23. Skeet shooting at the Property shall be allowed only:
23.1. On Saturday and Sunday between the hours of 10:00~AM and 2:00~PM from mid_October to mid_April.
23.2. On Thanksgiving Day between the hours of 10:00~AM and Noon.
23.3. On the Friday following Thanksgiving Day between the hours of 10:00~AM and 2:00~PM.
23.4. On one Monday in June between the hours of 10:00~AM and 2:00~PM for the Bond Club outing.
24. The Club shall explore and continue to explore alternatives to reduce the noise from the skeet shooting.
25. The Club shall regularly inspect the drainage channel and culvert on the Property and if any obstruction is observed, then to the extent possibly by hand and allowed without any governmental permit, remove that obstruction by hand.
RESOLVED, the Board of Trustees grants special permit approval to the Club in accordance with the provisions of Village Code §220_6 subject to the terms and conditions of this Resolution and to the Club’s:
26. Payment of all applicable fees and charges before this special permit approval takes effect.
27. Operation of the Club on the Property in conformity with the requirements of the Village Code and as set forth in the Operations Narrative, and regular, repeated, or continued deviations from the operations as set forth in the Operations Narrative shall constitute a violation of the Club’s special permit approval.
28. Use and improvement of the Property in conformity with the requirements of the Village Code and as set forth in the Site Plan, and any regular, repeated, or continued deviations from the maintenance and improvement of the Property as set forth in the Site Plan shall constitute a violation of the Club’s special permit approval.
RESOLVED, this special permit approval shall not apply to any nonconformity other than the preexisting Club’s nonconforming use of the Property as a “club … not operated for gain.”
RESOLVED, this special permit approval shall not approve, prohibit, or otherwise affect any other permit or approval that may apply to or be a required of or for the Club, the Property, or the Club’s operations.
RESOLVED, in accordance with Village Code~§220_6(F) & (G), the Club’s special permit approval shall expire and become void if the permitted use as a “club … not operated for profit” ceases for more than 12 months for any reason.
Schedule a Public Hearing
Chapter 168 Sanitary Sewer Connections
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the June 7, 2007 Board of Trustees meeting to hear and discuss an amendment to Chapter 168, Sanitary Sewer Connections by removing existing Village requirements and establishing new requirements for connecting to the Village’s sanitary sewer system.
Chapter 220, Zoning, Solar Energy Collectors
Trustee Waxenberg thanked the Schwartz Family for bring the issue to the Boards attention.
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the June 7, 2007 Board of Trustees meeting to hear and discuss an amendment to Chapter 220, Zoning, Section 9A, Regulation of Solar Energy Collectors, by establishing new parameters for the installation of Solar Energy Collectors in all Zoning Districts.
Chapter 27 Ethics
Mayor Vescio thanked the Ethics Board for their hard work.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the June 21, 2007 Board of Trustees meeting to hear and discuss an amendment to Chapter 27, Ethics.
Approval of Policy, Health Insurance Portability and Accountability Act, (HIPAA)
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby adopt the following Policy relating to the Health Insurance Portability and Accountability Act (HIPAA):
VILLAGE OF BRIARCLIFF MANOR
HIPAA PRIVACY POLICY NOTICE
Contact Information:
Privacy Officer:
Michael S. Blau, Village Manager
Village of Briarcliff Manor
1111 Pleasantville Road
Briarcliff Manor, New York 10510
A. Notice of the Village of Briarcliff Manor Health Plans' Privacy Practices
This Notice describes how medical information about you may be used and disclosed and how you may obtain access to this information. Please review it carefully.
B. Use and Disclosure of Health Information
The Village of Briarcliff Manor Dental Plan and Optical Plans (collectively, "the Health Plans") may use your health information, that is, information that constitutes protected health information as defined in the Privacy Rule of the Administrative Simplification provision of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), for purposes of making or obtaining payment for your care and conducting health care operations. The Health Plans have established a policy to guard against unnecessary disclosure of your health information.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED:
1. To Make or Obtain Payment.
The Health Plans may use or disclose your health information to make payment to or collect payment from third parties, such as other health plans or providers, for the care you receive. For example, the Health Plans may provide information regarding your coverage or health care treatment to other health plans to coordinate payment of benefits.
2. To Conduct Health Care Operations.
The Health Plans may use or disclose health information for its own operations to facilitate the administration of the Health Plans and as necessary to provide coverage and services to all of the Health Plans' participants. Health care operations include such activities as:
a. Quality assessment and improvement activities.
b. Activities designed to improve health or reduce health care costs.
c. Clinical guideline and protocol development, case management and care coordination.
d. Contacting health care providers and participants with information about treatment alternatives and other related functions.
e. Health care professional competence or qualifications review and performance evaluation.
f. Accreditation, certification, licensing or credentialing activities.
g. Underwriting, premium rating or related functions to create, renew or replace health insurance or health benefits.
h. Review and auditing, including compliance reviews, medical reviews, legal services and compliance programs.
i. Business planning and development including cost management and planning related analyses and formulary development.
j. Business management and general administrative activities of the Health Plans, including customer service and resolution of internal grievances.
For example, the Health Plans may use your health information to conduct case management, quality improvement and utilization review, and provider credentialing activities or to engage in customer service and grievance resolution activities.
3. For Treatment Alternatives.
The Health Plans may use and disclose your health information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.
4. For Distribution of Health-Related Benefits and Services.
The Health Plans may use or disclose your health information to provide to you information on health-related benefits and services that may be of interest to you.
5. To Individuals Involved in Your Care or Payment for Your Care.
The Health Plans may release medical information about you to a friend or family member who is involved in your medical care.~ The Health Plans may also give information to someone who helps pay for your care.~ In addition, the Health Plans may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status, and location.
6. For Disclosure to the Plan Sponsor.
The Health Plans may disclose your health information for plan administration functions performed by the Village on behalf of the Health Plans. In addition, the Health Plans may provide summary health information to the plans sponsors so that the plans sponsors may solicit premium bids from health insurers or modify, amend or terminate the plan. The Health Plans also may disclose to the plans sponsors information on whether you are participating in the Health Plans.
7. When Legally Required.
The Health Plans will disclose your health information when it is required to do so by any federal, state or local law.
8. To Conduct Health Oversight Activities.
The Health Plans may disclose your health information to a health oversight agency for authorized activities including audits, civil administrative or criminal investigations, inspections, licensure or disciplinary action. The Health Plans, however, may not disclose your health information if you are the subject of an investigation and the investigation does not arise out of or is not directly related to your receipt of health care or public benefits.
9. In Connection With Judicial and Administrative Proceedings.
As permitted or required by state law, the Health Plans may disclose your health information in the course of any judicial or administrative proceeding in response to an order of a court or administrative tribunal as expressly authorized by such order or in response to a subpoena, discovery request or other lawful process, but only when the Health Plans makes reasonable efforts to either notify you about the request or to obtain an order protecting your health information.
10. For Law Enforcement Purposes.
As permitted or required by state law, the Health Plans may disclose your health information to a law enforcement official for certain law enforcement purposes, including, but not limited to, if the Health Plans have a suspicion that your death was the result of criminal conduct or in an emergency to report a crime.
11. In the Event of a Serious Threat to Health or Safety.
The Health Plans may, consistent with applicable law and ethical standards of conduct, disclose your health information if the Health Plans, in good faith, believes that such disclosure is necessary to prevent or lessen a serious and imminent threat to your health or safety or to the health and safety of the public.
12. For Specified Government Functions.
In certain circumstances, federal regulations require the Health Plans to use or disclose your health information to facilitate specified government functions related to the military and veterans, national security and intelligence activities, protective services for the president and others, and correctional institutions and inmates.
13. For Workers' Compensation.
The Health Plans may release your health information to the extent necessary to comply with laws related to workers' compensation or similar programs.
C. Authorization to Use or Disclose Health Information
Other than as stated above, the Health Plans will not disclose your health information other than with your written authorization. If you authorize the Health Plans to use or disclose your health information, you may revoke that authorization in writing at any time.
D. Your Rights With Respect to Your Health Information
You have the following rights regarding your health information that the Health Plans maintain:
1. Right to Request Restrictions.
You may request restrictions on certain uses and disclosures of your health information. You have the right to request a limit on the Health Plans' disclosure of your health information to someone involved in the payment of your care. However, the Health Plans are not required to agree to your request. If you wish to make a request for restrictions, please make your request in writing to the Privacy Officer (see contact information above).
2. Right to Receive Confidential Communications.
You have the right to request that the Health Plans communicate with you in a certain way if you feel the disclosure of your health information could endanger you. For example, you may ask that the Health Plans only communicate with you at a certain telephone number or by email. If you wish to receive confidential communications, please make your request in writing to the Privacy Officer (see contact information above). The Health Plans will attempt to honor your reasonable requests for confidential communications.
3. Right to Inspect and Copy Your Health Information.
You have the right to inspect and copy your health information. A request to inspect and copy records containing your health information must be made in writing to the Privacy Officer (see contact information above).~ If you request a copy of your health information, the Health Plans may charge a reasonable fee for copying, assembling costs and postage, if applicable, associated with your request.
4. Right to Amend Your Health Information.
If you believe that your health information records are inaccurate or incomplete, you may request that the Health Plans amend the records. That request may be made as long as the information is maintained by the Health Plans. A request for an amendment of records must be made in writing to the Privacy Officer (see contact information above). The Health Plans may deny the request if it does not include a reason to support the amendment. The request also may be denied if your health information records were not created by the Health Plans, if the health information you are requesting to amend is not part of the Health Plans' records, if the health information you wish to amend falls within an exception to the health information you are permitted to inspect and copy, or if the Health Plans determine the records containing
your health information are accurate and complete.
5. Right to an Accounting.
You have the right to request a list of certain disclosures of your health information that the Health Plans are required to keep a record of under the Privacy Rule, such as disclosures for public purposes authorized by law or disclosures that are not in accordance with the Plans’ privacy policies and applicable law. The request must be made in writing to the Privacy Officer (see contact information above).~ The request should specify the time period for which you are requesting the information. Accounting requests may not be made for periods of time going back more than six (6) years. The Health Plans will provide the first accounting you request during any 12-month period without charge. Subsequent accounting requests may be subject to a reasonable cost-based fee. The Health Plans will inform you in advance of the
fee, if applicable.
6. Right to a Paper Copy of this Notice.
You have a right to request and receive a paper copy of this Notice at any time, even if you have received this Notice previously or agreed to receive the Notice electronically. To obtain a paper copy, please contact the Privacy Officer (see contact information above).~
E. Duties of the Health Plans
The Health Plans are required by law to maintain the privacy of your health information as set forth in this Notice and to provide to you this Notice of its duties and privacy practices. The Health Plans are required to abide by the terms of this Notice, which may be amended from time to time. The Health Plans reserve the right to change the terms of this Notice and to make the new Notice provisions effective for all health information that it maintains. If the Health Plans change their policies and procedures, the Health Plans will revise the Notice and will provide a copy of the revised Notice to you within 60 days of the change. You have the right to express complaints to the Health Plans and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. Any complaints to
the Health Plans should be made in writing to the Health Plans' Privacy Officer (see contact information above). The Health Plans encourage you to express any concerns you may have regarding the privacy of your information. You will not be retaliated against in any way for filing a complaint.
F. Contact Person / Privacy Officer
You may write to the~the Privacy Officer, whose contact information is provided above, that the Health Plans have dedicated as its contact person for all issues regarding your privacy rights.
G. Effective Date
This Notice is effective May 18, 2007.
Tax Certiorari and Exemption
Trustee Waxenberg asked if there was any accountability for the tax assessor to get the information to the Village in a timely manner.
Village Manager Blau stated they sent a letter every year.
Village Attorney Smith stated the problem was the Town’s tax status date was different from the date the Village used and the budget years were out of sync.
Village Manager Blau stated he would look into the process for changing the fiscal year.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 43 Shadowbrook Lane; and
WHEREAS, a Stipulation of Settlement in the Small Claims Assessment Review has been issued for the property at 43 Shadowbrook Lane for the 2006 Town assessment year, Fiscal Year 2007-2008 Village assessment roll; and
WHEREAS, the Stipulation of Settlement reduced the tax assessment for the subject property for the Fiscal Year 2007-2008 assessment roll by $18,600.00 from $100,000.00 to $81,400.00; and
WHEREAS, the Stipulation of Settlement was received after the finalization of the Fiscal Year 2007-2008 assessment roll and the approval of the budget for Fiscal Year 2007-2008;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2007-2008 in the amount of $1,507.45 and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement.
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
WHEREAS, the property owner at 11 Orchard Road applied to have the building and property deemed tax exempt for religious purposes; and
WHEREAS, the Tax Assessor for the Town of Ossining has granted the tax exemption request; and
WHEREAS, the notice of the granting of the tax exemption from the Town of Ossining Tax Assessor was received after the finalization of the Fiscal Year 2007-2008 assessment roll and the approval of the budget for Fiscal Year 2007-2008; and
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2007-2008 in the amount of $2,569.15 and the issuance of a new tax bill based upon the change in assessment status as determined by the Town of Ossining Tax Assessor.
Authorize Village Manager to Execute Agreements
New York Power Authority
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Supplemental Agreement with the New York Power Authority.
Sprint Spectrum LP
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution pending review of Village Counsel:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an amendment to the Wireless Communications Site Lease Agreement with Sprint Spectrum LP.
Nextel of New York, Inc.
Upon motion by Trustee Smith, 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 amendment to the Wireless Communications Site Lease Agreement with Nextel of New York Inc.
STEP Program
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an Intermunicipal Agreement with Westchester County to allowed continued participation in the STEP Grant Program.
Appropriation of Fund Balance Capital Reserve Fund
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby appropriate $100,953.97 from the Capital Reserve Fund for improvements to the Briarcliff Manor water system to fund the difference between the original amount financed and the amount of the work completed for the Cleaning and Cement Lining Project completed in Fiscal Year 2006-2007 per the resolution of the Board of Trustees dated July 6, 2006.
Appropriation of Fund Balance (General Fund)
Police Personnel
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby appropriate $36,325.00 of Fund Balance in the General Fund to fund contractual obligations relating to the retirement of a member of the Police Benevolent Association.
Legal Services
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 appropriate $53,520.00 of Fund Balance in the General Fund to fund ongoing legal services in Fiscal Year 2006-2007.
Minutes
Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve this minutes of May 3, 2007 as amended.
Adjournment
Upon motion by Trustee Waxenberg, seconded by Trustee Mayer, the Board voted unanimously to adjourn the meeting at 9:30pm.
Respectfully submitted by,
Christine Dennett
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