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Board of Trustees Minutes 10/06/2010
Village Board of Trustees
Regular Meeting
October 6, 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 6th of October 2010 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
Anthony Capasso, Trustee
Lori A. Sullivan, Trustee

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

Absent
David Venditti, Deputy Mayor
Robert Mayer, Trustee

Public Hearing to Amend Chapter 220, Zoning with Respect to Parking and Special Permit Uses in Retail Business Districts

Upon motion by Trustee Sullivan, seconded by Trustee Capasso, the Board voted unanimously to open the public hearing.

Ms. Kay Gresare, an employee at Prescriptions Plus stated she had a petition signed by over 700 customers that are monumentally upset over the proposed change to their shopping center.    

Mayor Vescio stated the Public Hearing was for parking at all of the shopping centers over two acres in the Village and did not apply to solely to the Chilmark Shopping Center.  He stated the site plan process at the Planning Board was the proper forum to air her concerns.  

Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to close the public hearing.  

The Board asked if all shopping centers affected were noticed and requested changes to the SEQRA resolution to make it more generic.  

Village Manager Zegarelli stated the notices were hand delivered to all of the shopping centers, as well as published in the newspaper, posted on the Village’s website, bulletin boards and in the Manor Monthly.  

Board of Trustees Announcements by Trustee Capasso

Mayor Vescio stated that Sal Matero, Assistant General Foreman passed away suddenly last week.  He was a 20 year valued Village employee who was always helpful and one of the good people.  The Board sent their condolences to his family.  
  • The Library and Community Center is holding a yard sale to prepare for the old building’s renovations.  
  • The Library and Community Center is offering several computer classes.  Those interested should visit the Library’s website.  
  • There will be a family movie night showing of “How to Train Your Dragon” on October 22nd at the Library on the big screen.  
  • Please be aware of slippery conditions in the fall leaf season.  Please don’t pile leaves on sidewalks or in the roadway.  
  • The Annual Window Painting will be on October 23rd from 9am-1pm. Space is still available.  
  • Happy birthday to Lori A. Sullivan  
Mayor Vescio discussed New York City overage rates, the Village’s cascading water rate structure and explained the reasoning behind it.  He encouraged residents to conserve water, have their sprinkler systems inspected for leaks and to contact the Village with any water concerns.  

Village Managers Report by Village Manager Zegarelli
  • The Full Supply Water Project is moving along well.  
The Village Hall Window and Door Replacement Project is moving ahead.  
The Village Hall Roof Replacement Project is 80% complete.  
An analysis of the mechanical systems in Village Hall is being done.  
The Pocantico River Clear and Snag Project has started.  
Water usage was up in the last two billing cycles.  
A grant was received by the Police Department for a license plate reading system and to upgrade other equipment.  
  • The Fire Inspection will be on October 23rd.  
Public Comments

None

Authorize Village Manager to Approve Change Orders – Quinn Road Culvert

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

BE IT RESOLVED that the Board of Trustees hereby approves the following change orders totaling $16,110:

Change order CO1 in the amount of $11,000 for the installation of stone walls.  

Change order CO2 in the amount of $750 for the installation of 5 tons of asphalt.  

Change order CO3 in the amount of $2,100 for a 3 foot manhole riser extension.    

Change order CO4 in the amount of $780 for the installation of K-Crete.      

Change order CO5 in the amount of $1,480 for the installation of topsoil and seed.  

BE IT FURTHER RESOLVED that the total project cost has been reduced by $3,400 for unused item quantities.  

Adoption of Termination/Rehire Policy

Trustee Sullivan stated the version before the Board read much easier.  

Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
Village of Briarcliff Manor
Employment Termination and Rehire Policy
WHEREAS, The Board of Trustees (“Board”) of the Village of Briarcliff Manor (“VBM”) actively seeks out Inter-Municipal Agreements, consolidations, and other methods of reducing the cost of local government ; and
WHEREAS, the VBM and the State of New York currently have in place employment, separation and retirement incentive programs with a goal of shrinking the municipal workforce; and  WHEREAS, the  Board has discussed and determined that there is a need to formally enact an employment termination and rehire policy to address the question of reemployment of former Village employees;
NOW THEREFORE, BE IT RESOLVED, that the Board hereby formalizes any pre-existing practice as contained herein and adopts the “Village of Briarcliff Manor Employment Termination and Rehire Policy,” as follows:
1.       An employee who resigns and/or retires from employment of the VBM has no right or expectation to be rehired by the VBM in the future in the event a position for which the employee is otherwise qualified is available.\
2.      An employee who resigns and/or retires from employment of the VBM pursuant to any employment separation or retirement incentive type program that may be offered by the VBM, the State of New York, or any other governmental entity authorized to provide or offer the same shall be allowed to be or shall be precluded from being rehired by the VBM in accordance with the terms of that program.
3.      An employee who is involuntarily terminated or who resigns from employment of the VBM while under investigation or suspension pending a possible involuntary termination or disciplinary action should not be rehired by the VBM in the future in any circumstance. .
4.      This policy shall be subject to and superseded in all respects by:
(A)     New York State law and particularly Civil Service Law, and any other state and local civil service laws or rules applicable to the VBM.
(B)     Federal law, and particularly the Uniformed Services Employment and Reemployment Rights Act (38~USCA~§4301, et seq.).
(C)     Any collective bargaining agreement by which the VBM is bound.
5.      A copy of this policy shall be provided by the VBM Village Manager (or by his/her designee) to every current full time employee and to any new full time employee hired after its adoption.  The employee shall execute an acknowledgement of receipt of the policy, which shall be maintained in his/her personnel file.
6.      This policy shall become effective immediately and be subject to reconfirmation at the Annual Organizational Meeting of the VBM Board.
Award of Bid Village Hall Window and Door Replacement Project

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

WHEREAS the Village received six bids for the Village Hall Window and Door Replacement Project ranging from $342,400 to $566,440; and

NOW THEREFORE BE IT RESOLVED that the bid for the Village Hall Window and Door Replacement Project is hereby awarded to Vezandio Contracting Corp. per their proposal of $342,400 with a 10% contingency and miscellaneous project costs not to exceed a total project cost of $376,640.

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with Vezandio Contracting Corp. for said project.

Village Attorney Smith noted the Library Window and Door Replacement Project bids would need to be officially rejected at a future meeting.  

Budget Transfer

Upon motion by Trustee Capasso, seconded by Trustee Sullivan, 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:   A1990.499       Contingency             $12,575

To:     A8120.201       Equipment               $12,575

SCAR Tax Abatements & Refunds

Mayor Vescio requested the Towns be listed in the resolution and all future matters in this regard.  

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

WHEREAS, Stipulations of Settlements and Orders and the Small Claims Assessment Review have been issued for 2 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
140 Central Dr. (Ossining)
60,300
49,995
10,305
$5,264.72
$4,365
$899.72
$2,632.36
$0.00
$449.86
$449.86
153 Washburn Rd. (Mt. Pleasant)
9,000
7,800
1,200
$7,796.68
$5,858.42
$409.48
$0.00
$0.00
$409.48
Total
11,505.00
$1,309.19
$449.86
$859.33

140 Central Drive

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 140 Central Drive; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 140 Central 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 $10,305 from $60,300 to $49,995; 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 $2,632.36 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 $449.86 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 $449.86 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.

153 Washburn Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 153 Washburn Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 153 Washburn 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 $1,200 from $9,000 to $7,800; 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 $409.48 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.

Authorize Village Manager to Execute an Agreement with Metro North Commuter Railroad and Five Plus One Holdings, LLC

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

RESOLVED, that the Board of Trustees authorizes the Village Manager to execute and make any nonmaterial changes on behalf of the Village of Briarcliff Manor (a) an Agreement with Metro-North Commuter Railroad Company in substantially the form annexed hereto and (b) an Amendment of Easement Agreement with Five Plus One Holdings LLC or such party as shall be deemed the  successor of Robert Borho, in substantially the form annexed hereto, both agreements pertaining to improvements to be implemented at the Scarborough Railroad Station.

Authorize Village Counsel to Commence Legal Proceedings Against the Town of Ossining  regarding a Breach of Contract

Village Attorney Smith explained what a Monroe County Hearing was and the procedures.  

Mayor Vescio outlined the history of the site in question and the Board had general discussion relating to what the next steps would be.  

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

WHEREAS, the Village of Briarcliff Manor and the Town of Ossining entered into an Intermunicipal Agreement dated April 29, 2002 (the “IMA”), which among other things conditionally permitted the installation of a Temporary Building, as such term is defined in the IMA, on certain premises owned by the Town within the Village’s municipal bounds; and

WHEREAS, in accordance with the IMA, the Town is obligated to remove the Temporary Building from the said premises under certain conditions which conditions have occurred; and

WHEREAS, the Village has duly notified the Town of its obligation to remove the Temporary Building in accordance with the terms of the IMA; and

WHEREAS, despite such notice, the Town has failed to timely remove the Temporary Building; and

WHEREAS, the IMA provides that in the event that the Town shall fail to remove the Temporary Building in accordance with the IMA, then the Village may remove the Temporary Building itself at the Town’s cost and expense, while reserving to the Village, all rights and remedies it may have at law and in equity.

WHEREAS, the Village has determined to exercise such rights and remedies.

BE IT RESOLVED, that the Village of Briarcliff Manor shall commence at the Board of Trustees meeting on October 20, 2010, at 7:30 p.m. or as soon thereafter as is practicable, an inquiry and balancing of the factors to be weighed under Matter of County of Monroe, 72 NY2d 338 (1988), on Village approval authority over the Town of Ossining Temporary Building located at the Town of Ossining Department of Public Works site in the Village of Briarcliff Manor; and

BE IT FURTHER RESOLVED, that the Board of Trustees hereby authorizes the Village Manager to authorize Village Counsel, Wormser, Kiely, Galef & Jacobs LLP to commence and maintain such legal proceedings and take such actions as shall be necessary to enforce the terms of the Intermunicipal Agreement dated April 29, 2002, between the Village of Briarcliff Manor and the Town of Ossining and compel the removal of the Temporary Building from the subject property.


Minutes

The minutes of September 15, 2010 were tabled to the next meeting.  

Adjournment

Upon motion by Trustee Sullivan, seconded by Trustee Capasso, the Board voted unanimously to close the regular meeting at 8:30pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk