Village Board of Trustees
Regular Meeting
September 1, 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 1st of September 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
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Board of Trustees Announcements by Trustee Sullivan
- The Library and Community Center fall programs will begin soon.
- A Library User Survey is available on the website and at the Library.
- To Kill a Mockingbird will be shown in the Crandall Room on September 21st
The Teen Advisory Board is back in session.
- Story Time begins on September 8th.
- School Opens next week. Please drive carefully.
- The Pool is open through September 6th and permits are required.
- Fall Registration for Recreation Programs begins on September 13th.
- The Recreation Brochure will not be mailed and will be available online only. Printed copies are available at the Recreation Department.
- Community Day will be held on Saturday, September 11th with a rain date on Sunday, September 12th.
- The Back with a Splash Dance Party will be on September 15th for Youth Center Members.
- A free outdoor showing of “Cloudy with a Chance of Meatballs” will be shown in Law Park on September 24th at 7pm.
- The Board thanked all residents and employees for a fantastic summer season.
Village Managers Report by Village Manager Zegarelli
- The Full Supply Water Project is moving along well.
Water Restrictions might be imposed due to a lack of water resources. Notices will be distributed if necessary.
Work is being done at Scarborough Station and the new traffic pattern appears to be working.
The Separation Agreement has been distributed to all Village Staff.
- Village Hall will be closed on Friday, September 3rd and Monday, September 6th. DPW will be open on Friday.
- Signs are being put up near the pond at Law Park to advise people to keep a safe distance.
- The Village Hall parking lot has been partially repaved for safety reasons.
- Moody’s reconfirmed the Village’s AA2 bond rating.
- The 2009-2010 Audit will be done the week after Labor Day.
Public Comments
There were no public comments.
SCAR Tax Abatements & Refunds
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, 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.
Address |
Original Assessed Value |
New Assessed Value |
Assessment Reduction |
Original Tax Amount |
Reduced Tax Amount |
Total Abatement |
1st Installment Amount Paid |
2nd Installment Amount Paid |
Refund |
Abate |
43 Chappaqua Rd. |
41,700 |
31,400 |
10,300 |
$3,640.78 |
$2,741.50 |
$899.28 |
$3,868.66 |
$0.00 |
$449.64 |
$449.64 |
53 Brookwood Dr. |
89,300 |
67,100 |
22,200 |
$7,796.68 |
$5,858.42 |
$1,938.26 |
$0.00 |
$0.00 |
$0.00 |
$1,938.26 |
94 Chestnut Hill Ln. |
60,000 |
54,000 |
6,000 |
$5,238.53 |
$4,714.68 |
$523.85 |
$2,619.27 |
$0.00 |
$261.93 |
$261.92 |
48 Peach Tree Ln. |
74,430 |
61,425 |
13,005 |
$6,498.40 |
$5,362.94 |
$1,135.46 |
$3,249.20 |
$0.00 |
$567.73 |
$567.73 |
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Total |
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51,505.00 |
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$4,496.85 |
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$1,279.30 |
$3,217.56 |
43 Chappaqua Road
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 43 Chappaqua Road; and
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 43 Chappaqua 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 $10,300 from $41,700 to $31,400; 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 $3,868.66 of which $1,820.39 was 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”) and the remaining $2,048.27 paid was for a delinquent water bill;
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 $899.28 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 the Board of Trustees does hereby authorize the payment of a tax refund in the amount of $449.64 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.
53 Brookwood Drive
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 53 Brookwood Drive; and
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 53 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 $22,200 from $89,300 to $67,100; 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;
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 $1,938.26 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.
94 Chestnut Hill Lane
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 94 Chestnut Hill Lane; and
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 94 Chestnut Hill Lane 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 $6,000 from $60,000 to $54,000; 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 $2,619,27 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;
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 $523.85 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 the Board of Trustees does hereby authorize the payment of a tax refund in the amount of $261.93 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.
48 Peach Tree Lane
WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 48 Peach Tree Lane; and
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 48 Peach Tree Lane 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 $13,005 from $74,430 to $61,425; 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 $3,249.20 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;
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 $1,135.46 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 the Board of Trustees does hereby authorize the payment of a tax refund in the amount of $567.73 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.
Award of Bid – Epoxy Safety Markings
Village Manager Zegarelli stated only one bid was received and the bid price was less than the statewide standard.
Mayor Vescio stated the heated epoxy markings bonded to the street and lasted longer than painted lines. He stated it was a very good move to save money.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
WHEREAS the Village received one bid for the Epoxy Safety Markings Project; and
WHEREAS, the Village of Briarcliff Manor Capital Fund has designated $48,960 for the 2010-2011 Epoxy Safety Markings Project.
NOW THEREFORE BE IT RESOLVED that the bid for the Epoxy Safety Markings Project is hereby awarded to Safety Marking Inc. per their proposal of $30,787.80 ($0.194 per linear foot) for 158,700 linear feet and a 10% contingency not to exceed a total project cost of $33,866.58.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with Safety Marking Inc. for said project.
Authorize Village Manager to Execute Easement Agreement – FWSP
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Village of Briarcliff Manor Board of Trustees does hereby authorize the Village Manager to execute an Easement Agreement with Mack-Cali at 399 Executive Boulevard in Greenburgh, New York for a permanent easement for the purpose of operating, maintaining, replacing, reconstructing, and/or repairing those water facilities and to pay an amount not to exceed $5,000 for the same.
Schedule Public Hearing to Amend Chapter 220, Zoning with respect to Parking and Special Permit Uses in Retail Business Districts
Mayor Vescio stated the proposed legislation was the version dated August 25, 2010.
Village Attorney Smith stated he worked with Buckhurst, Fish and Jacquemart to draft the language and stated he was comfortable with it. He further stated letters were received from the Village Planning Board and the Westchester County Planning Board and he would check to see if any further referrals were necessary. He stated the SEQRA might need to be supplemented with more generic language.
The Board requested the affected shopping centers be notified of the public hearing and further requested that Buckhurst, Fish and Jacquemart do an analysis of all the affected properties.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the October 6, 2010 Board of Trustees meeting to hear and discuss a proposed local to amend Chapter 220, Zoning of the Village Code with respect to Parking and Special Permit Uses in Retail Business District .
Minutes
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the minutes of September 1, 2010 as amended.
Adjourn into Board of Police Commissioners
Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayer, the Board voted unanimously to adjourn the regular meeting and reconvene as the Board of Police Commissioners.
Resolution to Suspend a Police Officer “A”
Village Attorney Smith noted the Board had received, and had an opportunity to review and consider the pending charges against the Officers.
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 and/or Board of Police Commissioners hereby suspends Police Officer “A” without pay, following the service of disciplinary charges, pending the determination of the disciplinary charges.
Resolution to Suspend a Police Officer “B”
Upon motion by Trustee Mayor, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees and/or Board of Police Commissioners hereby suspends Police Officer “B” without pay, following the service of disciplinary charges, pending the determination of the disciplinary charges.
Village Manager Zegarelli stated the matter was not to be discussed and all questions should be referred to the Village Manager’s Office. He further stated the Officers would be notified the following day and hearings would be scheduled as soon as practicable.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the meeting of the Board of Police Commissioners.
Adjournment
Upon motion by Trustee Capasso, seconded by Trustee Mayer, the Board voted unanimously to close the regular meeting at 8:15pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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