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Board of Trustees Minutes 09/05/2012
Village Board of Trustees
Regular Meeting
September 5, 2012
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 on the 5th of September, 2012 commencing at 7:30 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

Board of Trustees Announcements by Trustee Pohar
  • Please visit the Library’s website for information on their upcoming programs.    
  • There will be a Book Sale at the Library and Community Center September 7th through September 9th.  
  • Mark your calendars for Community Day on September 8th.  
  • There will be a ½ Triathlon on September 9th.  Route 9A will be closed southbound between Croton on Hudson and Briarcliff Manor.  
  • The Fall Brochure is on the Recreation Page of the website.  Online registration is available.    
  • The Youth Center “Back with a Splash” Pool Party will be on September 6th at the Law Park Pool.  
Village Managers Report by Village Manager Zegarelli
  • The Blue Star Monument dedication will be on September 8th at 11am at the Pocket Park on Pleasantville Road.  
  • The walk through inspection for the FWSP went well.  
  • The Club Field has recovered well and is now open for the Fall season.  
  • Regular business hours have resumed at Village Hall.  
  • The yearend audit for Fiscal Year 2011-2012 is underway.    
  • DPW is prepping for their annual paving program.  
Public Comments

There were no public comments.  

Schedule Public Hearings

Renewal of a Special Use Permit, The Clearview School

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

BE IT RESOLVED that a Public Hearing is hereby scheduled for October 3, 2012 at 7:30pm or soon thereafter in Village Hall located at 1111 Pleasantville Road, Briarcliff Manor, NY to hear and consider an application for the renewal of a Special Use Permit issued to the Clearview School.  

Amendment of a Special Use Permit, Faith Lutheran Brethren Church

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

Referral to the Planning Board

BE IT RESOLVED that the request for the amendment of a Special Use Permit issued to the Faith Lutheran Brethren Church located at 480 Pleasantville Road is hereby directed to the Planning Board for review and recommendation.

Schedule Public Hearing

BE IT RESOLVED that a Public Hearing is hereby scheduled for October 3, 2012 at 7:30pm or soon thereafter in Village Hall located at 1111 Pleasantville Road, Briarcliff Manor, NY to hear and consider an application to amend a Special Use Permit issued to the Faith Lutheran Brethren Church.

Tax Abatement – 45 Oak Road

The Board had general discussion regarding the Village becoming its own Assessing Unit again and the next steps to be taken.  They requested Village Counsel and the Village Manager outline the steps.  

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

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 45 Oak Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claim Assessment Review has been issued for the property at 45 Oak Road for the 2011 Town assessment year, Fiscal Year 2012-2013 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2012-2013 assessment roll and the approval of the budget for Fiscal Year 2012-2013;

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2012-2013 assessment roll by $1,050 from $9,550 to $8,500; and

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund of the tax bill for Fiscal Year 2012-2013 in the amount of $181.30 and the abatement of the tax bill for Fiscal Year 2012-2013 in the amount of $181.30 based upon the reduced assessment values in the Stipulation of Settlement and Order.  


~
~
Assessed Value
New Assessed Value
Assessment Reduction
Original Tax Amount
Reduced Tax Amount
Refund
Abatement
Year
Address
2012
45 Oak Road
$9,550
 $8,500
 $1,050
 $3,297.99
 $2,935.39
 $181.30
$181.30
 $1,050
 $181.30
 $181.30
 TOTAL AV REDUCTION
 TOTAL REVENUE REDUCTION
 TOTAL ABATEMENT

Budget Transfers/Amendments

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

BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers for FY 2011-2012:


From:   A1990.499       GF Contingency          $45,483.74
To:     A3120.101       Full Time                       $45,483.74

From:   A1990.499       GF Contingency          $3,479.51
To:     A3120.850       FICA/Medicare           $3,479.51

From:   A1990.499       GF Contingency          $154.64
To:     A1980.498       MTA                             $154.64

From:   A1990.499       GF Contingency          $44,155.11
To:     A3120.101       Full Time                       $44,155.11

From:   A1990.499       GF Contingency          $3,377.87
To:     A3120.850       FICA/Medicare           $3,377.87

From:   A1990.499       GF Contingency          $150.13
To:     A1980.498       MTA                             $150.13

From:   A1990.499       GF Contingency          $42,865.02
To:     A3120.101       Full Time                       $42,865.02

From:   A1990.499       GF Contingency          $3,279.17
To:     A3120.850       FICA/Medicare           $3,279.17

From:   A1990.499       GF Contingency          $145.74
To:     A1980.498       MTA                             $145.74

From:   A1990.499       GF Contingency          $37,485.08
To:     A3120.850       FICA/Medicare           $37,485.08
BE IT RESOLVED that the Board of Trustees does hereby authorize the appropriation of fund balance for FY 2011-2012:

From: V0909     Debt Service Fund Balance       $41,803.49
To:     V9901.950       Transfer to General Fund                $41,803.49
                (Bond Payment – Premium)

Increase Revenue – A0102.5031 by                        $41,803.49

Increase Expense – A9730.720 by                         $41,803.49

BE IT RESOLVED that the General, Water and Capital budgets for fiscal year 2011-2012 are hereby amended to accept SEMO and FEMA monies for funding from Hurricane Irene as follows:

Increase Revenues by $486,664.02  

Increase Revenue – A0101.4560 (FEMA) by                 $108,508.06

Increase Revenue – A0101.3560 (SEMO) by                 $36,169.35

TOTAL                                                   $144,677.41

Increase Revenue – H0101.4560 (FEMA) by                 $232,315.70

Increase Revenue – H0101.3560 (SEMO) by                 $77,438.57

Increase Appropriation - H5110.201.08484 by             $309,754.26
                        (North State/Pleasantville Rd)  

TOTAL                                                   $309,754.26

Increase Revenue – F0101.4560 (FEMA) by                 $24,174.26

Increase Revenue – F0101.3560 (SEMO) by                 $8,058.09

TOTAL                                                   $32,232.35

Authorize Village Manager to Execute Agreements

Community Room Architectural Services

The Board thanked the other bidders for their proposals.  

Upon motion by Trustee Murray, seconded by Trustee Sullivan, 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 on behalf of the Village an agreement with Peter F. Gaito for Architectural Services for the Community Center as per their proposal of $49,200.  

BFJ Planning – Consulting Services

Mayor Vescio stated the Board was updating the Village Code in accordance with the Master Plan recommendations and further stated there would be public hearings and the Board looked forward to the public’s input.  

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

APPROPRIATION OF FUND BALANCE

BE IT RESOLVED that the Board of Trustees does hereby authorize the following appropriation for fiscal year 2012-2013:

From:   A0909           General Fund Fund Balance       $28, 500

To:     A1010.460       Professional Services           $28, 500


AUTHORIZE VILLAGE MANAGER TO EXECUTE AN AGREEMENT FOR CONSULTING SERVICES

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute on behalf of the Village an agreement with Buckhurst, Fish and Jacquemart for Consulting Services to draft legislation as per their proposal of $28,500.  

Land Swap Agreement – 1245 Pleasantville, LLC

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

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute on behalf of the Village a land-swap agreement and all documents necessary to effectuate such land-swap with 1245 Pleasantville LLC, in accordance with memorandum of Village Counsel dated August 30, 2012; and be it further

RESOLVED that the Village Manager is further authorized to make or accept any change to the land-swap agreement and related documents so long as the change is not material and adverse to the Village’s interests and is acceptable to Village Counsel in form and substance.

Minutes

Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to approve the minutes of August 15, 2012.  

Adjournment

The Board reminded everyone that Community Day is September 8th and for everyone to drive safely with school back in session.  


Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the meeting at 8:00pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk