Village Board of Trustees
Regular Meeting
May 1, 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 1st of May, 2013 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
Lori A. Sullivan, Deputy Mayor
Robert Murray, Trustee
Mark Pohar, Trustee
Mark L. Wilson, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Public Hearing to Renew a Special Use Permit – The American Anglican Church (Holy Innocents)
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to open the public hearing.
Mayor Vescio asked if there were any outstanding issues that needed to be addressed.
Village Engineer Turiano stated there weren’t any issues or complaints.
Upon motion by Trustee Murray, seconded by Deputy Mayor Sullivan, the Board voted unanimously to close the public hearing.
Upon motion by Deputy Mayor Sullivan, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution:
Board of Trustees Report by Trustee Murray
- The Library has hosted a number of successful, well attended programs over the last few weeks.
- The 2013 Recreation Spring/Summer Brochure is available on the Village website. Sign up for “Rec News” to stay informed of the latest programs and information.
- Pool and Tennis permits are available for purchase.
- Camp registration is underway and there are limited spaces available. Please contact the Recreation Department for more information.
- Summercliff Players presents Seussical as their summer production.
- Registration is being accepted for the Senior Trip to Villa Roma on May 14th.
Village Managers Report by Village Manager Zegarelli
- The Village is still awaiting reimbursement from FEMA.
- The Community Center plans are in the final phase.
- Old Sleepy Hollow Estates is installed a sewer main and will be available to other residents in that area.
- DPW is in the midst of a lot of Spring projects throughout the Village.
- The Annual Water Report for 2012 was completed and will be posted on the website.
- Unpaid water bills will be levied to tax bills in May.
- The FY 13-14 Budget was adopted as well as amendments to the Master Fee Schedule.
Public Comments
Ms. Diane Trilling of 333 North State Road stated the traffic backup on North State Road was getting progressively worse and asked if the Board could change the timing on the traffic light.
Mr. Peter Biddle of 333 North State Road suggested an alternating light be installed to mitigate the traffic issue.
Mayor Vescio stated the light was regulated by the New York State Department of Transportation and was changed once before for pedestrian safety. He stated the Village developed a plan in the area adjacent to Route 9A to add a turning lane but it was parkland and needed to be approved by the County Legislature. He asked the Village Manager to send a letter to the State asking them to change the timing of the light. He urged the residents to put together a petition that the Village would support and forward to the State.
Stormwater Management Presentation by David Turiano, Village Engineer
Village Engineer Turiano gave a brief presentation on the Village’s initiatives to mitigate stormwater issues and stated the Village was in year 12 of the program.
The Board had general discussion regarding the maintenance of catch basins and retainage ponds. The Board requested a survey monument that was misplaced on Schrade Road be looked into.
Schedule Public Hearing to Amend a Special Use Permit – Faith Lutheran Brethren Church
Upon motion by Trustee Wilson, seconded by Trustee Pohar, 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 June 5, 2013 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.
Award of Bid – 445 North State Road
The Board requested the change order be attached to the resolution and made changes to the resolution.
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to approve the following resolution as amended:
WHEREAS an Inter-Municipal/Developer Agreement (IMDA) was entered into with Westchester County and 445 North State Road, LLC on August 15, 2012, relative to a certain residential project that affirmatively furthers fair housing to be located at 445 North State Road, for which the County will provide funding pursuant to its Fair and Affordable Housing capital project BPL50; and
WHEREAS pursuant to the IMDA, the Village has agreed to assist the County by performing certain Village infrastructure improvements related to the said residential project (the “Infrastructure Improvements”), and
WHEREAS the County has agreed to pay the Village’s costs and expenses up to $600,000 for implementation of the Infrastructure Improvements; and
WHEREAS in bidding the Infrastructure Improvements, the Village received 6 bids for the 445 North State Road Infrastructure Improvements Project (VM-1213-4); and
WHEREAS all 6 bids exceeded $600,000 – with Bradhurst Site Construction Corp. being the lowest bidder at $719,460 – the Village, County and Developer determined to eliminate from the Village’s portion of the County funded portion of the Project certain non-essential specialty items (“Non-Essential Items”) as listed in the attached change order which would become the responsibility of the Developer to complete at its sole cost and expense; and
WHEREAS eliminating the Non-Essential Items does not materially affect the overall Project scope; and
WHEREAS each of the bidders provided line item bids which established their respective prices for each of the Non-Essential Items; and
WHEREAS the County prepared an analysis in which it deducted from each of the lowest 3 bids the respective bid prices for the Non-Essential Items and concluded that Bradhurst Site Construction Corp. remained the lowest bidder; and
WHEREAS, the Village has determined Bradhurst Site Construction Corp. is the lowest responsible bidder; and
BE IT RESOLVED that the bid for the 445 North State Road Infrastructure Improvements Project (VM-1213-4) is hereby awarded to Bradhurst Site Construction Corp. as per its adjusted bid proposal of $595,710.
THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Bradhurst Site Construct Corp for said Project.
Acceptance of a donation from the Westchester Library System
Upon motion by Trustee Murray, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $1,046 from the Westchester Library System for use towards a Briarcliff Manor Public Library program of the Library’s choosing.
Increase Revenue – Gifts
(L0108.2705) by $1,046
Increase Expenses – Special Matching Expenses
(L7410.206) by $1,046
Amendment to Tax Certiorari – Elant at Brandywine
Upon motion by Deputy Mayor Sullivan, seconded by Trustee Wilson, 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
WHEREAS, an error was discovered in the tax rates and adjusted to reflect the correct amounts; and
WHEREAS, a refund was issued on March 6, 2013 in the amount of $15,683.04 and should have been $25,330.84.
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 an additional amount of $9,647.80 for a total refund of $25,330.84 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 |
$55,429.01 |
$9,201.22 |
2005 |
620 Sleepy Hollow Rd. |
$903,650 |
$692,125 |
$211,525 |
$68,902.93 |
$52,777.30 |
$16,129.63 |
|
|
|
|
$340,175 |
|
TOTAL |
$25,330.84 |
|
|
|
|
|
|
Refunded 3/6/13 |
$15,683.04 |
|
|
|
|
|
|
AMOUNT DUE |
$9,647.80 |
|
|
|
|
TOTAL AV REDUCTION |
|
|
TOTAL REVENUE REDUCTION |
Amendment to Confirmation of Fire Department Election
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the results of the election of the Briarcliff Manor Fire Department conducted on April 4, 2013 as follows:
Briarcliff Manor Fire Department Ambulance Corps
Kevin Hunt Captain
Ted Dengler 1st Lieutenant
Caitlin Smalley 2nd Lieutenant
Minutes
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to approve the minutes of April 17, 2013 Regular Meeting.
Adjournment
The Board congratulated the Mayor and his family on the birth of their granddaughter and wished them the best.
Mayor Vescio stated the budget for Fiscal Year 2013-2014 was approved at the April 30, 2013 Special Meeting and noted the budget remained tax cap compliant without cutting services or staff.
Upon motion by Trustee Murray, seconded by Deputy Mayor Sullivan, the Board voted unanimously to adjourn the meeting at 8:30pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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