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Board of Trustees Minutes 10/04/2007
Village Board of Trustees
Regular Meeting
October 4, 2007
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 4th of October 2007 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
Robert Mayer, Trustee
Elsie Smith, Trustee
Gayle Waxenberg, Trustee

Also Present
Michael Blau, Village Manager
Ingrid Richards, Assistant Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel

Absent
David Venditti, Deputy Mayor

Report from the Scarborough Station Parking Committee

Mr. Bob Murray of the Committee presented the proposed plan to the Board and the Public.  

Mayor Vescio thanked the Committee for their thorough work.  

Mr. Lynn Kenner of Old Sleepy Hollow Road asked for an explanation of how valet parking would work.  

Mr. Murray explained.  

Mr. Clay Tiffany of Hall Road asked for clarification of where the spots would be in Scarborough Park.  He asked why the Village wouldn’t purchase or seize the Borho lot.  

Mrs. Margo Berger of 2 Elizabeth Court asked if there would be a conflict between the construction at the station and the project at Scarborough Park.  She asked if there were sufficient handicapped spaces and if it was known how many Village residents commuted by using the Pleasantville station.  She suggested a commuter van for the Mt. Pleasant portion of the Village.    

Mr. Mort Berger of 2 Elizabeth Court stated the park was primarily used on the weekends so there shouldn’t be a conflict.  

Report from the Ad Hoc Holiday Display Committee

Mr. Bob Seibert, Co-Chair of the committee presented to the Board and the Public.  

Mayor Vescio thanked the Committee for a great job.  He stated the policy was adopted in order to comply with the consent decree.  
  
Mr. Clay Tiffany stated he asked repeatedly when the Committee was going to meet and was not told.  He stated he hoped the matter could be discussed at the next meeting after he’d had time to read the report.  He asked if Mr. Ritell would be allowed to erect a crèche in Law Park at his own expense.  

Mayor Vescio stated no private unattended displays were allowed on Village property.  

Mr. Tiffany stated he wasn’t familiar with the dreidel and hoped it wasn’t a religious symbol.  He stated there should be a separation of church and state as mandated by the constitution.  He stated the display was only endorsing two religions and Hanukah was celebrating a military victory.  

Mr. Seibert stated the recommendations met the criteria as set forth in the constitution and the consent decree.  

Mr. Joshua Parker of the Committee explained what a dreidel was and that it was not used as part of a religious ritual.  He stated Hanukah did not commemorate a military victory it celebrated oil that was meant to last for 1 day that lasted for 8 days.  

Village Managers Report
§       The Route 9 paving project is complete

Public Comments

Mr. Clay Tiffany submitted photographs of parked cars at Scarborough Park for the record.  He asked that Officer Tartaglione be evaluated by a psychiatrist.  

Amend Special Use Permit, St. Theresa’s Catholic Church

Trustee Waxenberg asked that the overflow parking for the church be followed up on.  

Mayor Vescio stated the plan only showed the west side of the property and requested a plan be submitted showing the entire property.  

Upon motion by Trustee Waxenberg, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that a Public Hearing is hereby scheduled for the November 15, 2007 Board of Trustees meeting to hear and consider a request from St. Theresa’s Catholic Church to amend a Special Use Permit.

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

BE IT RESOLVED that the request to amend a Special Use Permit for St. Theresa’s Catholic Church, which provides for an modification to the site plan that served as the basis of the Special Use Permit, to change the location of a sidewalk and for the installation of additional lighting along the sidewalk is hereby directed to the Planning Board for review and recommendation with the condition that the applicant submit a full set of plans showing all work to be done.  

Authorize Village Manager to Execute an Intermunicipal Agreement with Westchester County for the transfer of ownership of a shuttle van

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 for the transfer of ownership of an 18-20 passenger shuttle van from Westchester County to the Village of Briarcliff Manor to be used by the Briarcliff Manor Fire Department.

Tax Certiorari, 97 South State Road

Trustee Waxenberg stated the Board was receiving more and more tax certiorari’s and thought it should be looked into.  

Upon motion by Trustee Waxenberg, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:

WHEREAS, the property owner at 97 South State Road (Section 98.019, Block 1, Lot 28.001) has filed a Tax Certiorari challenging the assessed valuation of their property; and

WHEREAS, the Tax Certiorari has been submitted for Small Claims Assessment Review; and

WHEREAS, a hearing was conducted by a Hearing Officer for the Small Claims Assessment Review Program; and

WHEREAS, the Hearing Officer conducted a hearing on April 19, 2007 and rendered a decision on June 26, 2007, reducing the assessed value of the property from $37,600 to $31,400; and

WHEREAS, the Village of Briarcliff Manor received notice of the decision on September 17, 2007, after the adoption of the budget for Fiscal Year 2007-2008 and the issuance of tax bills for the fiscal year.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the following actions based upon the decision of the Small Claims Assessment Review Program Hearing Officer:

1.  Reduce the assessment on the tax roll for Fiscal Year 2007-2008 from
     $37,600 to $31,400.
2.  Refund $251.24, which reflects the assessment difference in the first half taxes paid.
3.  Issue a new tax bill for the second half taxes to reflect the reduced assessment.

Tax Certiorari, 444 River Road

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

WHEREAS, the property owner at 444 river Road (Section 104.007, Block 1, Lot 7) has filed a Tax Certiorari challenging the assessed valuation of their property; and

WHEREAS, the Tax Certiorari has been submitted for Small Claims Assessment Review; and

WHEREAS, a hearing was conducted by a Hearing Officer for the Small Claims Assessment Review Program; and

WHEREAS, the Hearing Officer conducted a hearing on April 24, 2007 and rendered a decision on June 24, 2007, reducing the assessed value of the property from $62,900 to $57,600; and

WHEREAS, the Village of Briarcliff Manor received notice of the decision on September 17, 2007, after the adoption of the budget for Fiscal Year 2007-2008 and the issuance of tax bills for the fiscal year.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the following actions based upon the decision of the Small Claims Assessment Review Program Hearing Officer:

1.  Reduce the assessment on the tax roll for Fiscal Year 2007-2008 from
     $62,900 to $57,600.
2.  Refund 214.75, which reflects the assessment difference in the first half taxes paid.
3.  Issue a new tax bill for the second half taxes to reflect the reduced assessment.

Schedule Hearing for Draft of Comprehensive Plan

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

BE IT RESOLVED that the public hearing for the Final Draft of the Comprehensive Plan is hereby scheduled for November 1, 2007 at 7:30pm in Village Hall, located at 1111 Pleasantville Road, Briarcliff Manor, NY 10510.

Minutes

Upon motion by Trustee Waxenberg, seconded by Trustee Smith, the Board voted unanimously to approve the minutes of September 25, 2007.  

ADJOURNMENT

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to close the meeting at 9:15pm.

Respectfully submitted by,

Christine Dennett