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Board of Trustees Minutes 04/04/2012
Village Board of Trustees
Regular Meeting
April 4, 2012
7:40 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 on the 4th of April, 2012 commencing at 7:40 p.m.

Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Murray, Trustee
Mark Pohar, Trustee
Lori A. Sullivan, Trustee

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

Public Hearing Fiscal Year 2012-2013 Tentative Budget (to be continued to April 18th)

Village Manager Zegarelli gave a presentation on the 8 month FY 11-12 Budget.  

Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the Public Hearing.  

Mayor Vescio stated comments could be received in person at the Public Hearing or in writing by the close of the Public Hearing.  He gave the schedule of dates for the budget process.  

Village Manager Zegarelli gave a presentation on the Tentative Budget for FY 12-13 and explained what the 2% Tax Cap meant.  

The Board had general discussion regarding the tax cap and the disparities with the employee pension fund.    

Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the Public Hearing to the April 18, 2012 regular meeting at 7:30pm.  

Board of Trustees Announcements by Deputy Mayor Venditti
  • Hydrant flushing will be suspended in the upcoming week and will resume the week after.  
  • The field at the Club site will remain closed this weekend.  
  • The Library has had many recent successful programs.  Their Spring Brochure is available on their website.  
  • The Briarcliff Has Heart Memorial Day Run/Walk will be held on May 28th.  
  • The Recreation Brochure is available online or at the Recreation Office.  
  • Pool and Tennis Passes for the upcoming season are currently on sale.  
  • Day Camp registration forms are available online and registration is currently open now through May 2nd.  
  • The Summercliff Players summer show will be Once on this Island.  An open house will be held on April 19th.  
  • The Village Board welcomes the newest Recreation Staff member, Kyle Peterson.  
Village Managers Report by Village Manager Zegarelli

  • Punch list items are being closed out on the FWSP.  
  • The last Department of Health report for the FWSP will be sent on April 20th.  
  • The Westchester County Mobile Shredder will be at Village Hall on Saturday, April 21st from 10am-1pm.  
  • The North State Road project is underway.  
  • 7 RFQ’s were received for Architectural Services for the Library and Community Center.  
  • Village Office’s will be closed on Friday but garbage pickup will occur as scheduled.  
Public Comments

Mrs. Sara Vescio of Old Briarcliff Road stated the official launch of Community Helping Hands, an organization for aging in place, will be held on May 8th at the Landmark Diner.  She invited the Mayor to speak at the event and gave a brief synopsis of the services the organization hopes to provide to local Senior Citizens.  

Fire Department Service Awards Program

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

BE IT RESOLVED, that the Volunteer Firefighter Service Award Program list for all 2011 active firefighters of the Briarcliff Manor Fire Company, the Briarcliff Manor Hook, Ladder & Fire Company and the Scarborough Engine Company is hereby approved.

BE IT FURTHER RESOLVED that the list shall be directed to the respective fire companies for posting for a period of thirty (30) days.

Budget Amendment – Dare Merchandise

The Board thanked the Rotary Club for their donation.  

Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the budget for fiscal year 2011-2012 is hereby amended to accept a gift from the Briarcliff Manor Rotary Club as follows:  

Increase Appropriation – DARE Merchandise (A3120.1590) by $1,000  

Increase Revenue – Gifts (A0103.2705) by $1,000  

Award of Bid

Trailer Mounted Sewer Cleaner

Trustee Sullivan requested future memorandums state the lowest responsible bidder.  

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

WHEREAS the Village received 1 bid for a Trailer Mounted Sewer Cleaner; and

BE IT RESOLVED that the bid for a Trailer Mounted Sewer Cleaner (VM-1112-10) is hereby awarded to Bahr Sales Inc. of Wallingford, CT as per their bid of $51,000.  

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Bahr Sales Inc. for said equipment.  

Heavy Duty Full Size Garbage Truck

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

WHEREAS the Village received 2 bids for a Heavy Duty Full Size Garbage Truck; and

BE IT RESOLVED that the bid for a Heavy Duty Full Size Garbage Truck (VM-1112-9) is hereby awarded to Sanitation Equipment Corp. of Paramus, NJ as per their bid of $152,726.  

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Sanitation Equipment Corp. for said equipment.  

Budget Amendment – Trust and Agency Accounts – Planning Board and Guarantee and Bid Deposits

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

BE IT RESOLVED that the Board of Trustees does hereby authorize the following appropriations for fiscal year 2011-2012:

From:   A0909           General Fund Fund Balance       $551.48

To:     TA 0916 Manor Holding Site Plan         $551.48

6122012_104209_0.png

From:   A0909           General Fund Fund Balance       $1,329.68

To:     TA 0897 Matra                                   $1,329.68
        6122012_104209_0.png

From:   TA 30           Trust & Agency                  $1,000

To:     A0107.2012      Concession Revenue              $1,000
6122012_104209_0.png

Tax Certiorari

Wyndcrest Condominium

Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to approve the following resolution:

WHEREAS, Wyndcrest Condominiums instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York;

WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2010 and 2011; and

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor Fiscal Year 2011-2012; and

WHEREAS, an Order and Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on March 19, 2012;

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 payments totaling of $165,962.98 for the total 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 totaling $53,592.35 for Fiscal Year 2011-2012 in the amounts set forth below based upon assessment values reduced in accordance with the Consent Judgment;

NOW THEREFORE, BE IT FURTHER RESOLVED that the assessment for the Fiscal Year 2012-2013 shall be adjusted in accordance with the Order and Judgment.   

Reduce Tax Revenue Account A0102.1001 and Tax Receivable Account A0250.  































Tudor III Realty, LLC

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


WHEREAS, Tudor III Realty, LLC instituted tax certiorari proceedings for 81-109 North State Road pursuant to Article 7 of the Real Property Tax Law of the State of New York;

WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2006 through 2011; and

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-2012; and

WHEREAS, an Order and Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on March 27, 2012;

WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-2012;

WHEREAS, the Village received payments totaling of $159,653.01 for the total 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 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 totaling $22,144.49 for Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-2012 in the amounts set forth below based upon assessment values reduced in accordance with the Consent Judgment;

NOW THEREFORE, BE IT FURTHER RESOLVED that the assessment for the Fiscal Year 2012-2013 shall be adjusted in accordance with the Order and Judgment.   

Reduce Tax Revenue Account A0102.1001 by $6,434.70 and Reduce Refund of Property Tax Account A1964.423 by $15,709.79 totaling $22,144.49.  








Briarcliff Station

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

WHEREAS, Briarcliff Station instituted tax certiorari proceedings for 75 North State Road pursuant to Article 7 of the Real Property Tax Law of the State of New York;

WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2006 through 2011; and

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-2012; and

WHEREAS, an Order and Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on March 27, 2012;

WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-2012;

WHEREAS, the Village received payments totaling of $18,829.89 for the total 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 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 payment of tax refunds totaling $2,713.24 for Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-2012 in the amounts set forth below based upon assessment values reduced in accordance with the Consent Judgment;

NOW THEREFORE, BE IT FURTHER RESOLVED that the assessment for the Fiscal Year 2012-2013 shall be adjusted in accordance with the Order and Judgment.   

Reduce Tax Revenue Account A0102.1001 by $744.30 and Reduce Refund of Property Tax Account A1964.423 by $1,938.94 totaling $2,713.24.  








Authorize Village Manager to Execute an Agreement with New York City Department of Environmental Protection – Long Hill Road Pump Station

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

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with the New York City Department of Environmental Protection (“the City”) for Land Use Permit 1834 to use New York City owned New Croton Aqueduct property located off of Long Hill Road to maintain chemical lines to the Long Hill Road Pump Station as required by New York State Department of Health and for continued use of the captioned facility connection presently covered under Permit 8068.  

BE IT FURTHER RESOLVED that the Village Manager is authorized and directed to pay the City an annual permit fee for 2012 of $3,343.04.  

Minutes

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, with two abstentions from Trustee’s Murray and Pohar, the Board voted to approve the minutes of March 21, 2012.

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, with two abstentions from Trustee’s Murray and Pohar, the Board voted to approve the minutes of March 29, 2012.

Adjournment


Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the meeting at 9:00pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk