Village Board of Trustees
Regular Meeting
August 18, 2010
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 18th of August 2010 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Anthony Capasso, Trustee
Robert Mayer, Trustee
Lori Sullivan, Trustee
Also Present
Robin Rizzo, Village Treasurer
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Absent
Philip Zegarelli, Village Manager
Board of Trustees Announcements by Trustee Mayer
- A Library User Survey is available on the website and at the Library.
- The Make a Splash Pizza Party will be on August 26th at 4:30pm.
- 1 week long specialty camps are being offered. Interested parties should visit the Recreation Page at www.briarcliffmanor.org.
- The Pool is open and permits are required.
- Community Day will be held on Saturday, September 11th with a rain date on Sunday, September 12th.
- Fall Programs will be online soon.
- The Recreation Brochure will not be mailed and will be available online only. Printed copies are available at the Recreation Department.
- The Back with a Splash Dance Party will be on September 15th for Youth Center Members.
Village Managers Report by Mayor Vescio
- Congratulations to Village Manager Zegarelli on becoming a Grandfather.
- The Full Supply Water Project is moving along well.
- The Scarborough Sewer Project is underway.
- The Quinn Road work is complete.
- The Long Hill Road Drainage Project is underway.
- The Pocantico River Clearing and Snagging Project will begin as soon as the money is received from FEMA.
- An Architect has been selected for the DPW Roof Replacement Project.
- The Scarborough Park Improvement Project is moving along well and the preliminary design will be ready for presentation in September or October.
- The Club field will be reseeded and will be ready for spring use.
Public Comments
None
Tax Certioraris
Wusthof-Trident of America
The Board requested an amendment to the resolution.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
WHEREAS, Wusthof-Trident of America, instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and
WHEREAS, the tax certiorari filings were for Town of Ossining assessment year 2008; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal year 2009-2010; and
WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on July 29, 2010;
WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2009-2010;
WHEREAS, the Village received payment in the amount of $46,969.75 for the total 2009/2010 taxes due on the property based on the assessed value prior to any adjustment under the Consent Judgment (“Tax Payment”);
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees does hereby authorize the payment of tax refunds and or assessed value reductions for Fiscal Year 2009-2010 in the following amounts based upon assessment values reduced in accordance with the Consent Judgment:
BE IT FURTHER RESOLVED, that the assessment for the Fiscal Year 2009-2010 shall be adjusted in accordance with the Consent Judgment.
BE IT FURTHER RESOLVED, that the Board of Trustees does hereby authorize payment of a tax refund in the amount of $18,331.18 as that portion of the Tax Payment which the Village collected in excess of what the total FY 2009-2010 taxes should have been if the taxes had been determined based upon the reduced assessment value in the Consent Judgment.
333 South Highland LLC.
The Board requested an amendment to the resolution.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
WHEREAS, 333 South Highland, LLC instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and
WHEREAS, the tax certiorari filings were for Town of Ossining assessment year 2009; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal year 2010-2011; and
WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on July 29, 2010;
WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2010-2011;
WHEREAS, the Village received payment in the amount of $23,682.54 for the first installment of 2010/2011 taxes due on the property based on the assessed value prior to any adjustment under the Consent Judgment (“First Installment Payment”);
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees does hereby authorize the payment of tax refunds and or assessed value reductions for Fiscal Year 2010-2011 in the following amounts based upon assessment values reduced in accordance with the Consent Judgment:
BE IT FURTHER RESOLVED, that the assessment for the Fiscal Year 2009-2010 shall be adjusted in accordance with the Consent Judgment.
BE IT FURTHER RESOLVED, that the Board of Trustees does hereby authorize:
(a) Abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $9,042.60 and the issuance of a new tax bill based upon the reduced assessment value in the Consent Judgment.
(b) Payment of a tax refund in the amount of $9,042.60 as that portion of the First Installment Payment which the Village collected in excess of what the First Installment Payment should have been if the taxes had been determined based upon the reduced assessment value in the Consent Judgment.
SCAR Tax Abatements & Refunds
The Board requested the Village Treasurer to put together a spreadsheet showing what was allocated, what has been spent and any anticipated expenditures.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution:
WHEREAS, Stipulations of Settlements and Orders and the Small Claims Assessment Review have been issued for 4 Village parcels for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and
WHEREAS, those Stipulations of Settlements and Orders reduced the tax assessment for the properties for the Fiscal Year 2010-2011 assessment roll as set forth in the schedule below; and
WHEREAS, the Stipulations of Settlements and Orders were received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bills for Fiscal Year 2010-2011 based upon the reduced assessment values in the Stipulations of Settlements and Orders and further adopts the attached set of resolutions for each of the specific properties.
158 Scarborough Road
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 158 Scarborough Road; and
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 158 Scarborough Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and
WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $6,450 from $51,500 to $45,050; and
WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;
WHEREAS, the Village received payment in the amount of $2,248.20 for the first installment of 2010-2011 taxes due on the property based on the assessed value prior to any adjustment of the Stipulation of Settlement and Order (“First Installment Payment”);
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $563.14 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.
BE IT FURTHER RESOLVED, that Board of Trustees does hereby authorize the payment of a tax refund in the amount of $281.57 as that portion of the First Installment Payment which the Village collected in excess of what the First Installment Payment should have been if the taxes had been determined based upon the reduced assessment value in the Stipulation of Settlement and Order.
110 Law Road
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 110 Law Road; and
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 110 Law Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and
WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $2,915 from $51,825 to $48,910; and
WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;
WHEREAS, the Village received payment in the amount of $2,262.39 for the first installment of 2010-2011 taxes due on the property based on the assessed value prior to any adjustment of the Stipulation of Settlement and Order (“First Installment Payment”);
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $254.51 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.
BE IT FURTHER RESOLVED, that Board of Trustees does hereby authorize the payment of a tax refund in the amount of $127.25 as that portion of the First Installment Payment which the Village collected in excess of what the First Installment Payment should have been if the taxes had been determined based upon the reduced assessment value in the Stipulation of Settlement and Order.
66 Brookwood Drive
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 66 Brookwood Drive; and
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 66 Brookwood Drive for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and
WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $15,250 from $88,000 to $72,750; and
WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;
WHEREAS, the Village received payment in the amount of $7,683.18 for the first and second installments of 2010-2011 taxes due on the property based on the assessed value prior to any adjustment of the Stipulation of Settlement and Order;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $1,331.46 and the refund of that amount based upon the reduced assessment value in the Stipulation of Settlement and Order.
759 Long Hill Road West
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 759 Long Hill Road West; and
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 759 Long Hill Road West for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and
WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $3,300 from $44,500 to $41,200; and
WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;
WHEREAS, the Village received payment in the amount of $3,885.24 for the first and second installments of 2010-2011 taxes due on the property based on the assessed value prior to any adjustment of the Stipulation of Settlement and Order;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $288.12 and the refund of that amount based upon the reduced assessment value in the Stipulation of Settlement and Order.
Authorize Village Manager to Execute an Agreement with Buckhurst, Fish and Jacquemart – Consulting Services for Mixed Use Zoning in Retail Business Zone
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with Buckhurst, Fish and Jacquemart for consulting services for mixed use zoning in a retail business district.
Fire Department Membership - Gartner
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 approves the membership of Maximilian Gartner to the Briarcliff Manor Fire Company.
Minutes
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the minutes of August 4, 2010 as amended.
Adjournment
Upon motion by Trustee Sullivan, seconded by Trustee Capasso, the Board voted unanimously to close the regular meeting at 8:00pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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