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Board of Trustees Minutes 06/05/2013
Village Board of Trustees
Regular Meeting
June 5, 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 5th of June, 2013 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
Lori A. Sullivan, Deputy Mayor
Mark L. Wilson, Trustee

Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Lynn Weinig, Village Counsel

Absent
Robert Murray, Trustee
Mark Pohar, Trustee

Public Hearing to Amend a Special Use Permit – Faith Lutheran Brethren Church

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

Mr. Dennis Sundwald, Chairman of the Congregation explained the proposed additions to the site.  

The Board had general discussion regarding the amendment process and SEQRA review and requested the Planning Board conduct their site plan review and provide the Board of Trustees with a recommendation so they would have a better understanding of the changes and impacts of the project.    

Upon motion by Deputy Mayor Sullivan, seconded by Trustee Wilson, the Board voted unanimously to adjourn the Public Hearing to August 7, 2013 at 7:30pm.  

Village Managers Report by Village Manager Zegarelli
  • The Village received word regarding the FEMA reimbursement.  
  • Summer Hours are in effect in Village Hall.  Village Hall will be closed on July 4th and 5th.    
  • The Community Center plans are in the final phase.  
  • Building Permits are up 75% above budget.  
  • Hydrant Flushing throughout the Village has begun.  
  • Tax Bills due by July 1st have been mailed out and are also available on the Village website.  
  • Pool and Tennis Permits are available for purchase at the Recreation Department.  
  • Summer Camp enrollment went well.  
Public Comments

Mr. Arslan Hussain of South State Road stated he recently moved into the Village with his family and he was concerned about the speed of the traffic on his street.  He requested additional signage be installed and asked if there was anything else that could be done to mitigate the problem.

Deputy Mayor Sullivan asked the Village Manager to review the roadway to see if there was a possibility of slowing down traffic with a stop sign like was done on Larch Road.~  

Mayor Vescio stated they could request the Police Department be more vigilant with issuing tickets in the area.  He stated the Board lowered the speed limit in the Central Business District to 25MPH and perhaps they could look into doing the same on South State Road.  He stated that signs really wouldn’t solve any of the issues and would create visual clutter.

Village Manager Zegarelli stated the Police had the electronic speed board in the area that proved helpful and would ask the Police to enforce speed limits as much as possible.  

Award of Bid

Mayor Vescio noted that all the bids came in under budget.  

Bus Transportation

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

BE IT RESOLVED that the bid for the furnishing of Bus Transportation Services for various programs operated by the Recreation and Parks Department (VM-1314-1) is hereby awarded to Briarcliff Bus Co., Inc. of Briarcliff Manor, New York as per the rates in the attached schedule.

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Briarcliff Bus Co., Inc. for the furnishing of Bus Transportation Services for the Recreation and Parks Department.

Medium Duty Truck Chassis

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

WHEREAS the Village received 1 bid for a Medium Duty Truck Chassis; and

BE IT RESOLVED that the bid for a Medium Duty Truck Chassis (VM-1213-10) is hereby awarded to Diehl and Sons, Inc. as per their bid of $103,624.  

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

Medium Duty Truck Body

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

WHEREAS the Village received 3 bids for a Medium Duty Truck Body; and

BE IT RESOLVED that the bid for a Medium Duty Truck Body (VM-1213-8) is hereby awarded to Reed System, Ltd. as per their bid of $91,770.  

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Reed System, Ltd. for said equipment.  

Tax Certioraris

449 North State Road Co. LLC

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

WHEREAS, 449 North State Road Co. LLC, 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 2008 through 2012; and

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2009-2010, 2010-2011, 2011-2012, 2012-2013 and 2013-2014; and

WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on April 26, 2013;

WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2013-2014;

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees does hereby authorize the refund of the tax bills for Fiscal Years 2009-2010, 2010-2011, 2011-2012 and 2012-2013 based upon the reduced assessment values in the following amounts based upon assessment values reduced in accordance with the Consent Judgment to be refunded in Fiscal Year 2012-2013:

FY 2009-2010                    $4,415.58
FY 2010-2011                    $4,452.75
FY 2011-2012                    $4,539.00
FY 2012-2013                    $4,606.32

Total Refund                            $18,031.65

BE IT FURTHER RESOLVED, that the assessment for the Fiscal Year 2013-2014 shall be adjusted in accordance with the Consent Judgment.   

BE IT FURTHER RESOLVED, that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2013-2014 in the amount of $7,190.08 and the issuance of a new tax bill based upon the reduced assessment value in the Consent Judgment.

                FY 2013-2014                    $7,190.08

                Total Abatement                 $7,190.08




449 North State Road
Year
Address
Original Assessed Value
New Assessed Value
 Assessment Reduction
Original Tax Amount
Reduced Tax Amount
Refund
Abatement
2008
449 North State
$170,000
 $119,000
 $51,000
 $14,718.60
 $10,303.02
 $4,415.58
~
2009
449 North State
$170,000
$119,000
$51,000
$14,842.5
 $10,389.75
 $4,452.75
~
2010
449 North State
$170,000
$119,000
 $51,000
$15,130
$10,591.00
 $4,539.00
~
2011
449 North State
$170,000
$119,000
 $51,000
$15,354.40
 $10,748.08
 $4,606.32
~
2012
449 North State
$170,000
$93,500
 $76,500
 $15,977.96
 $8,787.88
~
$7,190.08
~
~
~
~
~
~
~
~
~
~
~
~
~
$280,500
~
Total
$18,013.65
 $7,190.08
~
~
~
~
TOTAL AV REDUCTION
~
~
TOTAL REVENUE REDUCTION
TOTAL ABATEMENT
Sefar America Inc.

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

WHEREAS, Sefar America, Inc, 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 2000 through 2002; and

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2001-2002, 2002-2003 and 2003-2004; and

WHEREAS, an Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on April 17, 2013;

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees does hereby authorize the refund of the tax bills for Fiscal Years 2001-2002, 2002-2003 and 2003-2004 based upon the reduced assessment values in the following amounts based upon assessment values reduced in accordance with the Consent Judgment to be refunded in Fiscal Year 2012-2013:

FY 2003-2004                    $6,820.21
FY 2002-2003                    $3,908.41
FY 2001-2002                    $3,190.52

Total Refund                            $13,919.14      

333 South Highland Avenue
Year
Address
Original Assessed Value
New Assessed Value
 Assessment Reduction
Original Tax Amount
Reduced Tax Amount
Refund
Abatement
2002
333 S. Highland
$542,500
 $442,100
 $100,400
 $36,852.24
 $30,032.03
 $6,820.21
~
2001
333 S. Highland
$542,500
$481,255
$61,245
$34,620.18
 $30,711.77
 $3,908.41
~
2000
333 S. Highland
$542,500
$489,825
 $52,675
$32,859.11
$29,668.70
 $3,190.52
~
~
~
~
~
$214,320
~
Total
$13,919.14
 
~
~
~
~
TOTAL AV REDUCTION
~
~
TOTAL REVENUE REDUCTION
TOTAL ABATEMENT


Budget Amendments

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

BE IT RESOLVED that the Board of Trustees does hereby authorize the appropriation of fund balance and contingency for FY 2012-2013 as follows:

PBA
From: A0909     General Fund Fund Balance       $1,170.79
To:     A3120.498       MTA                                     $1,170.79
                
From: A0909     General Fund Fund Balance       $298,736.84
To:     A3120.101       Salary                                  $298,736.84

From: A0909     General Fund Fund Balance       $32,924.03
To:     A3120.102       Overtime                                $32,924.03

From: A0909     General Fund Fund Balance       $11,079.77
To:     A3120.104       Holiday                         $11,079.77

From: A0909     General Fund Fund Balance       $742.84
To:     A3120.106       Longevity                               $742.84

From: A0909     General Fund Fund Balance       $2,304.35
To:     A3120.107       Vacation Pay                            $2,304.35

From: A0909     General Fund Fund Balance       $677.72
To:     A3120.109       Training                                $677.72

From: A0909     General Fund Fund Balance       $181.17
To:     A3120.112       Off Site                                $181.17

From: A0909     General Fund Fund Balance       $26,307.40
To:     A3120.850       FICA/Medicare                   $26,307.40

TOTAL                                                   $374,124.91

CSEA

From: A0909     General Fund Fund Balance       $3,281.94
To:     A1640.101       Salary                                  $3,281.94

From: A0909     General Fund Fund Balance       $11,660.19
To:     A5110.101       Salary                                  $11,660.19

From: A0909     General Fund Fund Balance       $2,081.31
To:     A5182.101       Salary                                  $2,081.31

From: A0909     General Fund Fund Balance       $6,366.03
To:     A7110.101       Salary                                  $6,366.03

From: A0909     General Fund Fund Balance       $4,242.87
To:     A8090.101       Salary                                  $4,242.87

From: A0909     General Fund Fund Balance       $12,385.80
To:     A8160.101       Salary                                  $12,385.80

From: A0909     General Fund Fund Balance       $1,778.67
To:     A8510.101       Salary                                  $1,778.67

From: A0909     General Fund Fund Balance       $4,293.93
To:     A8989.101       Salary                                  $4,293.93

TOTAL General Fund                                      $46,090.74

From: F1990.499 Water Fund Contingency          $1,093.98
To:     F1640.101       Salary                                  $1,093.98

From: F1990.499 Water Fund Contingency          $2,081.31
To:     F8120.101       Salary                                  $2,081.31

From: F1990.499 Water Fund Contingency          $6,295.02
To:     F8340.101       Salary                                  $6,295.02

From: F1990.499 Water Fund Contingency          $1,730.70
To:     F8320.101       Salary                                  $1,730.70

TOTAL Water Fund                                        $11,201.01

Minutes

The minutes were tabled to the next meeting.

Adjournment

Mayor Vescio requested the Village Manager map out the steps needed to take over the assessment duties.  


Upon motion by Deputy Mayor Sullivan, seconded by Trustee Wilson, the Board voted unanimously to adjourn the meeting at 8:10pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk