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Board of Trustees Minutes 03/06/2013
Village Board of Trustees
Regular Meeting
March 6, 2013
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 6th of March, 2013 commencing at 7:30 p.m.

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

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

Absent
Robert Murray, Trustee

Board of Trustees Report by Trustee Sullivan
  • The Library and Community Center has several upcoming programs.  Visit their website for more information.  
  • The Recreation Department is planning their Spring/Summer programs and the Brochure will be available online on March 8th.  
  • Registration for Summer Camp and other programs will begin on March 18th.  The 2013 Summer Camp season will span 5 ½ weeks.  
  • The Annual Village Election will be on March 19th at the Youth Center and all Village registered voters are urged to go out and vote.  
  • Summercliff Players presents Seussical the Musical.  Mark your calendars for the open house meeting on April 22nd.  Visit their website www.summercliffplayers.com for more information.  
  • The Annual Egg Hunt will be on Thursday, March 28th at 10am.  It is a rain or shine event.  
Village Managers Report by Village Manager Zegarelli
  • The Ice Skating Rink is done for the season.  
  • There is an uptick in building permit requests.  Chilmark will begin construction in April.  
  • Staff is preparing the FY 2013-2014 tentative budget which will be filed on March 20th.  
  • Unwanted medication may be dropped off in the medication drop box located in the Police Department lobby.  Please don’t flush them down the drain.  
  • The Westchester County Mobile Shredder will be behind Village Hall on Saturday, April 6th from 10am-1pm.  
Village Manager Zegarelli explained the work being done at the Youth Center.  

Public Comments

There were no public comments.  

Tax Certioraris

The Board had general discussion regarding the impacts of the tax certioraris and requested the Village Manager come up with a plan for regaining control of the Village Assessment Roll.   

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

WHEREAS, Kapson Briarcliff Manor, LLC (Atria 1025 Pleasantville Road) instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and

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

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012 and 2012-2013; and

WHEREAS, a Consent Order of the Supreme Court of the State of New York, County of Westchester, was entered on August 20, 2012 and received by the Village via email on February 21, 2013;

WHEREAS, the Consent Order was received after the finalization of the approval of the Village budget for Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012 and 2012-2013;

WHEREAS, the Consent Order reduced the tax assessment for the subject property for the Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012 and 2012-2013 assessment roll; and

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund of the tax bill for Fiscal Years 2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012 and 2012-2013 in the amount of $226,292.52 based upon the reduced assessment values in the Consent Order.  


~
~
Assessed Value
New Assessed Value
Assessment Reduction
Original Tax Amount
Reduced Tax Amount
Refund
Year
Address
2006
1025 Pleasantville Rd.
$1,322,200
$801,125
$521,075
$107,158.49
$64,927.66
$42,230.84
2007
1025 Pleasantville Rd.
$1,322,200
$788,125
$534,075
$112,247.24
$66,907.08
$45,340.16
2008
1025 Pleasantville Rd.
$1,322,200
$845,875
$476,325
$114,476.34
$73,235.86
$41,240.48
2009
1025 Pleasantville Rd.
$1,322,200
$870,400
$451,800
$115,439.82
$75,993.58
$39,446.24
2010
1025 Pleasantville Rd.
$1,322,200
$973,000
$349,200
$117,675.80
$86,597.00
$31,078.80
2011
1025 Pleasantville Rd.
$1,322,200
$1,023,750
$298,450
$119,421.10
$92,465.10
$26,956.00
$2,630,935
$226,292.52
TOTAL AV REDUCTION
 TOTAL REVENUE REDUCTION

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

WHEREAS, Elant at Brandywine Inc. F/K/A 620 Sleepy Hollow Corporation (620 Sleepy Hollow Road) instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and

WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2004-2005; and

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2005-2006 and 2006-2007; and

WHEREAS, a Consent Order of the Supreme Court of the State of New York, County of Westchester, was entered on January 17, 2013;

WHEREAS, the Consent Order was received after the finalization of the approval of the Village budget for Fiscal Years 2005-2006 and 2006-2007;

WHEREAS, the Consent Order reduced the tax assessment for the subject property for the Fiscal Years 2005-2006 and 2006-2007assessment roll; and

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund of the tax bill for Fiscal Years 2005-2006 and 2006-2007 in the amount of $15,683.04 based upon the reduced assessment values in the Consent Order.  


~
~
Assessed Value
New Assessed Value
Assessment Reduction
Original Tax Amount
Reduced Tax Amount
Refund
Year
Address
2004
620 Sleepy Hollow Rd.
$903,650
$775,000
$128,650
$64,630.22
$59,096.85
$5,533.37
2005
620 Sleepy Hollow Rd.
$903,650
$692,125
$211,525
$68,902.93
$58,757.26
$10,149.67
$340,175
$15,683.04
TOTAL AV REDUCTION
 TOTAL REVENUE REDUCTION

Bond Resolution

Village Manager Zegarelli explained the proposed resolution and stated the funds would be used to pay large tax certioraris.  

The Board had general discussion regarding the proposed borrowing and requested Village Manager Zegarelli find out the impacts on the Village’s reserves and bond rating if they used fund balance instead of borrowing.  

Upon motion by Deputy Mayor Venditti, seconded by Trustee Pohar, the Board voted unanimously to table the matter to a future meeting.  

Budget Amendment – Non Budgeted Line Items - Insurance Recovery

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

BE IT RESOLVED that the budget for Fiscal Year 2012-2013 is hereby amended as follows:

Increase Revenue – Insurance Recovery
(A0101.2680) by $112,270.58

Increase Expenses (Trees)
(A5110.101) by $649.26

Increase Expenses (Trees)
(A5110.102) by $13,068.33

Increase Expenses (Ramos)
(A5110.460) by $3,150

Increase Expenses (Social Security/Medicare)
(A5110.850) by $913.77

Increase Expenses (Replacement Trees)
(A5110.101) by $94,489.22

TOTAL $112,270.58

Minutes

Upon motion by Trustee Sullivan, seconded by Trustee Pohar, with one abstention by Mayor Vescio, the Board voted to approve the minutes of February 20, 2013 as amended.  

Adjournment


Upon motion by Trustee Pohar, seconded by Trustee Sullivan, the Board voted unanimously to adjourn the meeting at 8:20pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk