Village Board of Trustees
Regular Meeting
October 16, 2008
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 16th of October 2008 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
Ingrid Richards, Interim Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Public Hearing, Amendment to Special Use Permit, Briarcliff Manor Investors
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
Mr. Robert Peirce of 100 Lodge Road reviewed his concerns with the application.
He further stated they weren’t saying don’t build it. They just didn’t want it built on top of them. He implored the board to take a very careful look at the impacts it would have and it would forever change their neighborhood.
Mr. Richard Landau of 25 Lodge Road stated his house was adjacent to the property and would be closest to the Care Center. He stated he submitted a letter to the Board outlining his issues with the application. He further stated moving the Care Center closer to the property line was an economic motive for the applicant and it would depreciate the value of his home.
Mr. Barry Schwartz of 140 Central Drive stated the building would be closer to his property than anyone else. He asked why the buildings couldn’t be moved further from the property line. He stated the project was needed for the tax revenue and to abate taxes that have reached the ridiculous point but there needed to be sensitivity to adjacent neighbors. He asked the Board take into consideration the financial well being of the surrounding properties.
Mr. Clay Tiffany stated he found it fascinating an 8 story building was being proposed in that area.
Mr. Matt Philips, Applicant, reviewed the application.
Trustee Mayer stated he was sympathetic to the resident’s issues but land use issues were for the Planning Board to decide.
Village Attorney Smith stated the Planning Board was lead agency regarding SEQRA.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayer, the Board voted unanimously t o close the public hearing.
Mayor Vescio requested Village Attorney Smith prepare a final resolution for the next meeting stating it met the criteria of the Special Use Permit.
Public Hearing, Amendment to Chapter 122, For Appeal of Consultant Fees Charged on Land Use Applications
Mayor Vescio requested the matter be tabled to the November 6, 2008 meeting.
Board of Trustees Announcements by Mayor Vescio
- The Briarcliff Road Race is Saturday, October 18th with the parade beginning at noon.
Village Managers Report by Interim Village Manager Richards
- The paving of the parking lot at the library would begin soon.
Public Comments
Mr. Clay Tiffany of Hall Road asked if Officer Tartaglione was coming back to active duty. He further asked why a protective window was installed in the Police Department.
Election Resolution
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
WHEREAS, Village Elections are held on the 3rd Tuesday of March as per New York State Election Law 15, and
WHEREAS, the 3rd Tuesday of March 2009 falls on the St. Patrick’s Day Holiday, and
WHEREAS, New York State Board of Elections requires that Villages holding March elections hold their election on Wednesday, March 18, 2009 as per Election Law 15-104,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor will hold the 2009 Village Election on Wednesday, March 18, 2009 to comply with New York State Election Law 15-104.
Tax Certiorari – Bank of New York
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
WHEREAS, The Bank of New York instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York;
WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2004 through 2006; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2005-2006, 2006-2007 and 2007-2008; and
WHEREAS, Consent Judgment of the Supreme Court of the State of New York, County of Westchester, were entered on August 20, 2008 and August 25, 2008;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the payment of tax refunds for fiscal years 2005-2006, 2006-2007 and 2007-2008 in the following amounts based upon assessment values reduced in accordance with the Consent Judgment:
Parcel 98.10-1-50
FY 2005-2006 $381.26
FY 2006-2007 $392.03
FY 2007-2008 $81.04
Total Refund $854.33
Parcel 90.17-1-1
FY 2005-2006 $533.77
FY 2006-2007 $548.85
FY 2007-2008 $81.03
Total Refund $1,163.65
Rescind BAN authorizations
Upon motion by Deputy Mayor Venditti, 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 following project authorizations to be rescinded:
Cement Lining 07-08 Engineering H8397.201 W5312 $51,000
SS Study LRM/Pacwater H1440.201.07240 $25,500
Skid Oyster, Stump Grinder & Snow Blower H5110.201.07432 $3,484
Backhoe Bucket H5110.201.7433 $850
Tax Abatement – 153 Washburn Road
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 153 Washburn Road; and
WHEREAS, a Stipulation of Settlement in the Small Claims Assessment Review has been issued for the property at 153 Washburn Road for the 2007 Town assessment year, Fiscal Year 2008-2009 Village assessment roll; and
WHEREAS, the Stipulation of Settlement reduced the tax assessment for the subject property for the Fiscal Year 2008-2009 assessment roll by $2,000 from $11,000 to $9,000; and
WHEREAS, the Stipulation of Settlement was received after the finalization of the Fiscal Year 2008-2009 assessment roll and the approval of the budget for Fiscal Year 2008-2009;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2008-2009 in the amount of $588.20 based upon the reduced assessment value in the Stipulation of Settlement.
Authorize Interim Village Manager to Execute Agreement - All Makes Pump
Interim Village Manager Richards stated the project was sent out for bid and none were received. She further stated the Village was moving forward on an emergency basis.
Mayor Vescio requested language be added to the resolution.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution as amended:
BE IT RESOLVED that the Interim Village Manager is hereby authorized and directed to execute an Agreement with All Makes Pump for mechanical work at the Brookwood Drive Sanitary Sewer Pump Station per their proposal of $26,780.
BE IT FURTHER RESOLVED additional borrowing is hereby authorized in the amount of $32,000.
BE IT FURTHER RESOLVED that the Village sent the project out for bid, none were received and was therefore moving forward on an emergency basis.
Award of Bid – Pocket Park
Interim Village Manager Richards stated 11 bids were received and the lowest bid was being awarded. She further stated the Village received a grant for $99,000 for the Pocket Park.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the bid for construction services including paving, drainage, landscaping, irrigation and other work to build a pocket park on Pleasantville Road (VM-0809-04) is hereby awarded to Peter J. Landi, Inc. per their bid of $181,750.
BE IT FURTHER RESOLVED that the Interim Village Manager is hereby authorized and directed to execute a contract with Peter J. Landi, Inc. for construction services to build a pocket park.
Fire Department Membership – Mark Skaden
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 of the Village of Briarcliff Manor hereby approves the membership of Mark Jabril Skaden to the Briarcliff Manor Hook & Ladder Company (Ambulance Only).
Adjournment
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the regular meeting at 10:00pm.
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