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Board of Trustees Minutes 08/06/2009
Village Board of Trustees
Regular Meeting
August 6, 2009
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 August 2009 commencing at 7:30 p.m.

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

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

Absent:
Gayle Waxenberg, Trustee

Board of Trustees Announcements by Trustee Sullivan
  • The 3rd Annual Summercliff Players summer musical The Secret Garden was highly successful
  • The Community Luau was well attended despite the bad weather
  • Community Day will be on September 12th
  • McCrum Field drainage work will commence after the pool closes for the season
  • Summer Camp ends August 7th and was a success despite the weather
Village Manager’s Report by Village Manager Zegarelli
  • The preconstruction meetings were held today for the Fully Supply Water Project with a notice to proceed on August 10th.  The target date for construction is expected to be met.  
  • Water usage is significantly down and the Village has tightened up on leaks.  
  • The Village is being fully supplied with water by Sleepy Hollow with no sourcing from Ossining
  • The Rosecliff Tank Repainting bids are due tomorrow by 11am.  
  • There was a billing error on the recently mailed water bills.  They are due on August 31st with penalties accruing on September 1st.
  • The kickoff session for Scarborough Fire Station was held and the notice to proceed was given.  Protocols were established for the construction with the targeted completion next spring.  
  • The ICMA studies are continuing.  
  • The painting of Mr. Law is going to rehab to be restored.  
  • The Annual Sidewalk Program work is continuing.  
  • The Line Striping Project is almost complete
  • The Brookwood Pump Station work is 60% complete.
  • The Scarborough Station Water Main Project received very competitive bids and the work should be completed by Labor Day.  
  • Revenue collections are routine, and FY 08-09 has been closed out.  
  • The punch list meeting for the Library was held.  
  • There’s still plenty of time to read from the school book list this summer.  A pizza party will be held on August 21st at the Law Park Pavilion.  
  • The Village of Briarcliff Manor was the first on the scene at the accident that occurred on the Taconic on July 26th.   
Trustee Sullivan asked when the filming at Sleepy Hollow Country Club would be over.  

Village Manager Zegarelli stated the filming should be ending shortly.  

Public Comments

Mr. Steven Bilder of 3 Holbrook Road stated he was there to support the up-zoning of the Village. He further stated he bought his house over 10 years ago and it was close to the road.  He stated he was concerned about the heavy traffic in the morning and it had gotten worse over the years.  He stated building the area up would make it much worse and anything that could be done to lessen it would be in the best interest of the Village.

Mayor Vescio stated the Village’s Consultant was reviewing some of the issues that were raised and the Board was looking to balance the equity and fairness to the Village.  He stated the proposed legislation would be on the agenda in the near future and would possibly be adopted in September, and that those people commenting tonight should put their comments on the record at that time.  

Mr. David Jonas of 81 Holbrook Road stated he moved to the Village because it was a nice quiet area.  He stated the road was originally a wagon trail and the topography remained basically the same.  He stated the road had basically turned into a shortcut and speedway and multiple accidents had occurred there.  He stated the area was trafficked to the max and he felt subdividing and developing the Scarborough area would alter their quality of life and diminish the fiber and integrity of the community.    

Mr. Larry Christie of 73 Holbrook Road stated he lived there for 10 years and it was a wonderful experience.  He stated the road had become a lot more active and it wasn’t safe to walk or jog and it could be very dangerous at times.  He stated they trusted the Board of Trustees to make the right decisions and maintain the quality of life they all love.  

Mr. Clay Tiffany of Hall Road brought up issues he had with the Police Department and an illegal dog.  He showed photos of an incident that occurred and stated he never lived a day without pain.  He stated the Board could have prosecuted Officer Tartaglione and they were advised not to by Village Attorney Smith.  

Mayor Vescio stated none of the existing Trustees were on the Board when the incident Mr. Tiffany referred to occurred.  

Deputy Mayor Venditti stated Village Attorney Smith never made a comment of that sort to him.  

Tax Abatement – 155 Larch Road

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

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 155 Larch Road; and

WHEREAS, a Stipulation of Settlement in the Small Claims Assessment Review has been issued for the property at 155 Larch Road for the 2008 Town assessment year, Fiscal Year 2009-2010 Village assessment roll; and

WHEREAS, the Stipulation of Settlement reduced the tax assessment for the subject property for the Fiscal Year 2009-2010 assessment roll by $1,450.00 from $10,550.00 to $9,100.00; and

WHEREAS, the Stipulation of Settlement was received after the finalization of the Fiscal Year 2009-2010 assessment roll and the approval of the budget for Fiscal Year 2009-2010;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2009-2010 in the amount of $452.85 and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement.

Adoption of Community Bulletin Board and Banner Policy

The Board made minor changes to the policy.  

Mayor Vescio requested the criteria be forwarded to the Board for review.  

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

BE IT RESOLVED that the Board of Trustees hereby approves the following Policy:

Community Bulletin Board and Banner Policy

  • Policy Statement:  Community Bulletin Board Postings and Banners
The Village of Briarcliff Manor (VBM) will provide for a Community Bulletin Board and space allocated for Banners for the display of information of general community interest.  Banner and Bulletin Board displays are to be considered announcements of events and/or programs that are of more than routine significance and of a village-wide nature. Community interest is understood to include, but not be limited to civic, cultural, educational and local government agency information.  Priority shall be given to VBM programs and information.  The providing of space for the use of either the Community Bulletin Board or for a Banner does not constitute any endorsement of the events or information on display by the VBM.

All items or materials must be submitted to the Office of the Village Manager for review and confirmation that they conform to the guidelines established under this policy as designated from time to time by the Mayor and Board of Trustees.  Space is made available at the sole discretion of the Village Manager.  Items posted without approval will be removed by the VBM and discarded at owner’s expense, if any, and without recourse to the VBM or its agents or assigns.

It hereby acknowledged by all parties that demand for any available space may vary throughout the year and be in competition with the demands of official village announcements and programming.  

  • Procedure
The following procedures shall be in effect for the use of the Community Bulletin Board and Banner placement:

A.      Community Bulletin Board Postings.

  • Priority shall be provided to VBM’s own community programs, official meetings, work sessions and public events or programs.
  • Bulletin Board items are to be generally posted for a minimum of a week’s duration.  Except for the VBM, no posted item is to remain affixed for more than one month in duration.  The VBM reserves the right for the removal of any postings more quickly as space and/or volume of submissions may occur.
  • Appearance and display (except for VBM postings).
  • All materials are to include the name, address and phone number of the individual or organization sponsoring the event.
  • The cost of the manufacture and/or posting shall be the full, total and sole expense of the person or organization requesting the announcement to be posted.
  • Location is fixed by the VBM, as officially designated.
  • All items for posting are limited to one piece, printed on paper or poster board not to exceed 8 ½ x 11”. Based on space availability and permission provided by the VBM, larger signs of up to 11” x 17” may be permitted. Postings may be printed in portrait or landscape presentation. Colors and pictures within the confines of the posting is permitted.
  • Printed typeface shall be large enough to be read at a distance of at least 1 foot.
  • Handwritten announcements or such items displayed on scraps of paper will not be accepted.
B.      Banners:

  • Priority shall be provided to VBM’s own community programs, public events or programs and such other similar announcements that civic and/or not-for-profit organizations may wish to announce or sponsor.
  • An application form, in type and function as designated by the VBM, shall be executed by the requesting party and is to include all information that the VBM shall request.
  • The cost of manufacture and posting of all Banners shall be the full, total and sole expense of the person or organization requesting the banner to be posted.   
  • Banners will only be permitted at the designated location provided by the VBM.
  • Banner size shall be limited to the confines of the designated location (see application as to Banner size limitation and base costs). Banner are to be digitally printed, double-sided, of commercial type vinyl with appropriate eye-hooks and tie downs to be both safe and secure.
  • Banners are to be generally posted for a minimum of two week’s duration.  Except for the VBM, no posted item is to remain affixed for more than one month in duration.  The VBM reserves the right for the removal of any Banners more quickly as space and/or volume of submissions may occur.
  • It shall be the full and sole responsibility of the sponsor to place and remove the Banner according to the time granted by VBM.
  • Subject to time demands and space availability of the VBM, banners may be placed no more than 30 days prior to the event.  All banners shall be removed within 5 days after the event.  The VBM shall not have any responsibility or liability for damage of any kind or manner to any banner that might occur naturally, by accident or vandalism or resultant from its removal.
  • Banner applications for consideration are to be presented to the office of the Village Manager, or its designee.  The VBM shall not be responsible or be required to save and/or return or save materials submitted.  Due to the lack of space and seasonal demands, the filing of any posting as well as its duration does not guarantee its posting first presented to the Village Manager.
III.  Limitations:

The following is provided for reference, guidance and information only.  Usage of the Community Bulletin Board and Banners are subject to change without notice and subject to the terms and conditions that the VBM and its Mayor and Board of Trustees may determine from time to time.

A.      Examples of items which may be considered for posting:
  • Announcements from non-profit, government and service agencies, including but not limited to requests for volunteers, explanation of agency services or meetings, and notices of special programs
  • Notices of hearings from Village, County, State or Federal agencies
  • VBM, Briarcliff Manor and Ossining Union Free School District, or any other school districts within the municipal boundaries of the Village of Briarcliff Manor including Pace University.
  • Civic activities or fund raising events of a non-religious nature by a religious institution or organization.
B.      Examples of items which are excluded from posting:
  • Political candidate materials or posters
  • Material regarding items, materials or services for sale
  • Job and recruitment announcements
  • Religious holiday announcements or ceremonies or similar religious events by any religious or civic institution or organization.
C.      Exception or a waiver to the policy may be made or requested in writing through the office of the Village Manager for consideration by the Mayor and Board of Trustees.


Authorize Village Manager to Execute a Retainer Agreement for Legal Services with Wormser, Kiely, Galef & Jacobs

Deputy Mayor Venditti stated the Board was moving toward a policy of uniform fees for the Village and for applicants before the Zoning Board of Appeals and Planning Board and requested that be reflected in the retainer.  

Village Manager Zegarelli proposed keeping a flat rate through the end of the year.  

Village Attorney Smith stated they were three quarters through the year and would be happy to discuss going forward.  

Mayor Vescio stated he understood eight months had already passed and the agreement to charge the same fees to the Village and the Village’s applicants would be for September 1 through December 31.  He stated it was fundamentally wrong in their minds to treat the Villager’s differently.  

Upon motion by Trustee Sullivan, 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 a retainer agreement with Wormser, Kiely, Galef and Jacobs for legal services for the period from January 1, 2009 through December 31, 2009 as amended.

Amend Master Fee Schedule – Recreation Fees

The item was tabled to the next meeting.

Acceptance of Scholarship from the New York State Association of City and Village Clerks

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

BE IT RESOLVED that the budget for fiscal year 2009-2010 is hereby amended as follows:  

Increase Revenue - General Fund Gifts and Donations
(A0101.2705) by $300

Increase Expenses – Village Clerk, Professional Development
(A1410.477) by $300

Award of Bid – Scarborough Station Road Water Main Replacement

Village Attorney Smith stated it was a Type 2 action for SEQRA.  

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

BE IT RESOLVED that the bid for water main replacement services for the Scarborough Station Road Water Main Replacement Project (VM-0809-8-2) is hereby awarded to Cassidy Excavating, Inc. as per their bid of $57,285.00.

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Cassidy Excavating, Inc. for water main replacement services for the Scarborough Station Road Water Main Replacement Project.

BE IT FURTHER RESOLVED that any budget line deficiency will be addressed through transfers or future borrowing.  

ZONING BOARD OF APPEALS appointment

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

BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby makes the following appointment:

Nicholas Moraglia to the Zoning Board of Appeals for a term of five years to expire on April 1, 2014.

The Board thanked Mr. Moraglia for volunteering and stated there was still a vacancy on the Planning Board.  Interested persons should contact the Village Manager.  

budget transfer– WATER Fund

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

BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfer:

From:   F8310.101               Salary                          $20,057.10
F8340.101               Salary                          $67,881.27
F8340.420               Supplies                        $10,709.66
F1990.499               Contingency                     $43,740.99
F9901.940               Inter fund                      $31,382.88

To:     F8320.451               Water Purchases         $173,771.90

From:   F8320.420               Supplies                        $10,513.83

To:     F8320.460               Contractual Services    $10,513.83
        

Minutes

The June 18, 2009 minutes were tabled to the next meeting.

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to approve the minutes of July 16, 2009.

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, with one abstention by Trustee Mayer, the Board voted to approve the minutes of July 28, 2009.  

Adjournment

Upon motion Trustee Mayer by, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the regular meeting at 8:20pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk