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Village Board of Trustees
Regular Meeting
August 17, 2011
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 17th of August 2011 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Anthony N. Capasso, Trustee
Lori A. Sullivan, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Absent
Robert Mayer, Trustee
Public Hearing - Chapter 220-3 (B) Zoning Map
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
Village Attorney Smith stated the proposed legislation was referred to both the Village and County Planning Board’s and a response had not yet been received. He recommended adjourning the hearing until a formal response was received.
Mr. Reilly of 73 Larch Road asked how the residents of Larch Road could regain the portion of their property that was owned by the State.
Mayor Vescio recommended Mr. Reilly contact the NYSDOT Regional Director for information.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board adjourned the public hearing to September 21, 2011 at 7:30pm.
Board of Trustees Announcements by Mayor Vescio
- The Board welcomed the new Library Director to the community.
- The Library has a variety of programming for the fall for all ages.
- Kudos to those that participated in the Summer Reading Program.
- The pool season is in its final 3 weeks.
- Community Day will be September 10th.
- The Fall field schedules are almost finalized
- The new Club field was dedicated to us last week and that will lessen the load on the other fields. The Board thanked the Club for turning the field over to the Village ahead of schedule.
Village Managers Report
- The Pump Station was activated on 8/15 and water flowed through the pipes.
- A 9/11 Memorial will be held along with the Village of Ossining.
- The Con Edison Gas Main Replacement Project has begun. Residents are asked to please pay attention to the flag people.
- Bids were received for the Library window and door replacement project and the numbers came in much lower than the previous bid.
- A conference call was held with Moody’s and the Village has an AA2 rating and is in very good shape financially.
- The last standing items are being completed at the Scarborough Firehouse.
Public Comments
None
SCAR Tax Abatements
The Board had general discussion regarding the Town’s processing time of the Tax Abatements and Certiorari’s.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution as amended:
WHEREAS, Stipulations of Settlements and Orders in Small Claims Assessment Reviews have been issued for 46 Village parcels for the 2010 Ossining Town assessment year, Fiscal Year 2011-2012 Village assessment roll; and
WHEREAS, those Stipulations of Settlements and Orders reduced the tax assessment for the properties for the Village Fiscal Year 2011-2012 assessment roll as set forth in the attached schedule; and
WHEREAS, the Stipulations of Settlements and Orders were received after the finalization of the Village Fiscal Year 2011-2012 assessment roll and the approval of the budget for Village Fiscal Year 2011-2012;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize for each of the specific properties as set forth in the attached Schedule: (i)~refund of any Village Fiscal Year 2011-2012 taxes actually paid in excess of the amount which would have been paid had the Village Fiscal Year 2011-2012 assessment been made as determined by the Stipulation of Settlement and Order for that property, and (ii)~abatement of the tax bill for Village Fiscal Year 2011-2012 based upon the reduced assessment values in the Stipulation of Settlement and Orders for that property.
Spreadsheet attached.
Tax Certioraris
Mayor Vescio recused himself from item “A”.
Upon motion by Trustee Sullivan, seconded by Trustee Capasso, with one abstention from Mayor Vescio, the Board voted to approve the following resolution:
A. Tax Certiorari – vescio (124, 130 & 136 Old briarcliff road)
WHEREAS, William J. Vescio and Sara A. Vescio, instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York for 124, 130 and 136 Old Briarcliff Road (Parcel ID’s 98.09-1-3-1, 2 & 3); and
WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2009 and 2010; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2010-2011 and 2011-2012; and
WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on July 26, 2011;
WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2011-2012;
WHEREAS, the Village received payment in the amount of $6,757.70 for the total 2010-2011 Village taxes due on the properties based on the assessed value prior to any adjustment under the Consent Judgment;
WHEREAS, the Village received payment in the amount of $3,444.30 for the first installment payment of the 2011-2012 Village taxes due on the properties based on the assessed value prior to any adjustment under the Consent Judgment;
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees does hereby authorize the payment of tax refunds for Fiscal Year 2010-2011 and Fiscal Year 2011-2012 in the amounts set forth below based upon assessment values reduced in accordance with the Consent Judgment:
BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bills for Fiscal Year 2011-2012 in the amounts set forth below based upon assessment values reduced in accordance with the Consent Judgment:
BE IT FURTHER RESOLVED, that the assessment for the Fiscal Years 2010-2011 and 2011-2012 and shall be adjusted in accordance with the Consent Judgment.
Roll |
Address |
Original Assessed Value |
New Assessed Value |
Original Tax Amount |
Revised Tax Amount |
Total Reduction |
Refund |
Abatement/ Revenue Reduction |
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2010 |
124 Old Briarcliff Road |
$ 21,700.00 |
$17,500.00 |
$1,931.30 |
$1,557.50 |
$373.80 |
$186.90 |
$186.90 |
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|
|
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|
|
2010 |
130 Old Briarcliff Road |
$24,100.00 |
$17,750.00 |
$2,144.90 |
$1,579.75 |
$565.15 |
$282.58 |
$ 282.58 |
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|
|
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|
2010 |
136 Old Briarcliff Road |
$31,600.00 |
$26,400.00 |
$2,812.40 |
$2,349.60 |
$462.80 |
$231.40 |
$231.40 |
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2009 |
124 Old Briarcliff Road |
$21,700.00 |
$16,100.00 |
$1,894.60 |
$1,405.69 |
$488.91 |
$488.91 |
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|
2009 |
130 Old Briarcliff Road |
$24,100.00 |
$16,300.00 |
$2,104.14 |
$1,423.15 |
$680.99 |
$680.99 |
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|
|
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2009 |
136 Old Briarcliff Road |
$31,600.00 |
$24,300.00 |
$2,758.96 |
$2,121.63 |
$637.33 |
$637.33 |
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|
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|
|
|
$3,208.97 |
$2,508.10 |
$700.88 |
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|
Reduce 2011 Revenue |
$ 1,401.75 |
Reduce 2011 Tax Receivable |
$ 1,401.75 |
Refund 2010 Bills A1964.423 |
$ 1,807.22 |
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution as amended:
b. Tax Certiorari – the great atlantic &pacific tea co., inc.
WHEREAS, The Great Atlantic & Pacific Tea Co., Inc., instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York for 1886 Pleasantville Road (Parcel ID 90.17-1-3); and
WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2000-2010; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal year 2011-2012; and
WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on July 6, 2011;
WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2011-2012;
WHEREAS, the Village received payment in the amount of $12,486.70 for the first installment of the 2011-2012 Village taxes due on the property based on the assessed value prior to any adjustment under the Consent Judgment;
NOW THEREFORE BE IT RESOLVED that the Board of Trustees does hereby authorize the refund and abatement of the tax bill for Fiscal Year 2011-2012 as set forth below based upon assessment values reduced in accordance with the Consent Judgment:
BE IT FURTHER RESOLVED, that the assessment for the Fiscal Year 2011-2012 and shall be adjusted in accordance with the Consent Judgmen
T |
x Roll |
ddress Original Assesse |
Value New Assesse |
Value Original Tax |
Amount Revised Tax |
Amount Total Re |
uction |
Refund Abatement/ Revenue Re |
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2010 1886 Pleasantvi |
le Rd. $ 2 |
0,600 $2 |
0,600 $24, |
73.40 $22, |
03.40 $2, |
70.00 $1 |
335.00 $1, |
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00 Total Assessed Value Re |
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on |
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0 Authorize Village Manager to Execute an Agreement with Briarcliff Manor Investors, LLC (The Club at Briarcliff Manor )– Recreation Field and Walking Path Easements
The Board thanked the Club for being a good neighbor.
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 Manager and/or Mayor is hereby authorized and directed to execute an agreement with Briarcliff Manor Investors, LLC for a Recreation Field Easement for Public Access located at 150 Lodge Road.
BE IT FURTHER RESOLVED that the Village Manager and/or Mayor is hereby authorized and directed to execute an agreement with Briarcliff Manor Investors, LLC for a Walking Path Easement for Public Access located at 150 Lodge Road.
Budget Amendment – Pocantico River Project
The Board discussed the resolution and amended the resolution.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the budget for Fiscal Year 2011-2012 is hereby amended as follows:
Increase Revenue – Transfer from Capital (H0102.5034) by $21,395.46
Increase Expenses – Transfer to Debt Service (A9901.940) by $21,395.46
Minutes
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the minutes of the August 3, 2011 Regular Meeting as amended.
Adjournment
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to adjourn the regular meeting at 8:25pm.
Respectfully Submitted By,
Christine Dennett Village |
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