Village Board of Trustees
Regular Meeting
September 18, 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 18th of September, 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 – St. Mary’s Church
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to open the Public Hearing.
Reverend Sandra Seaborn from St. Mary’s Church stated they would be celebrating their 175th anniversary in 2014 and were still operating as they had been with the prior approval.
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:
BE IT RESOLVED that the Special Use Permit issued to St. Mary’s Church is hereby renewed subject to the same conditions included in the original Special Use Permit approval dated October 15, 1987.
BE IT FURTHER RESOLVED that the Special Use Permit renewal shall extend to October 15, 2018.
BE IT FURTHER RESOLVED that should the St. Mary’s Church desire to renew this Special Use Permit for another five year period, commencing in 2018, the Church shall be responsible for requesting the renewal at least sixty (60) days prior to the expiration of the Special Use Permit.
Board of Trustees Announcements by Trustee Pohar
- The Fall Library programs have begun.
- Schools have reopened and drivers are asked to slow down. Speeding is being monitored and enforced.
- Community Day was a great success! Thanks to all that helped and attended.
- The Recreation Fall season is in full swing.
- October 12th is the Chamber of Commerce Harvest in the Village.
- Window Painting will be on October 19th.
- The Ragamuffin Parade will be on October 26th.
- The Recreation Department Fall brochure is available on the website.
Village Managers Report by Village Manager Zegarelli
- Residents may have received two water bills. The Post Office lost them and then sent them out after they’d already been reprinted and mailed.
- The various Capital Projects are being planning in accordance with the Capital Projects list recently adopted.
- Major work is being done to repair the worn out areas at the Club Field.
- Construction has begun at the Chilmark Shopping Center.
- The Village is awaiting DEC approval to turn the green space behind the Youth Center into a practice field.
- Hydrant Flushing has been completed.
- Paving will begin in October.
- The Audit of FY 12-13 is complete and will be presented in November.
Public Comments
Mr. Arslan Hussain of 350 South State Road submitted a letter on behalf of himself and his neighbors advocating for a Safer South State Road.
Mr. Justin Bohan of 82 South State Road stated that speeding was an epidemic as well as hazardous driving.
Mayor Vescio stated that speeding was not germane to South State Road and the Police were out monitoring and enforcing it throughout the Village. He stated the Board would review Mr. Hussain’s requests and encouraged residents to report issues to the Police Department as they occur.
The Board had general discussion regarding possible solutions and effective signage placement. They stated they were trying to see how to best resolve and leverage technology to the Village’s benefit and encouraged residents to be more vigilant.
Retirement System Reporting Resolution for Village Officials
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village of Briarcliff Manor hereby establishes the following as a standard work day for the elected and appointed official(s) identified thereon and will report the following days worked as shown thereon to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by said officer(s) to the clerk of this body:
Position/Title |
Name |
Standard Work Day (hours/day) |
Term Begins Term Ends |
Participates in Employers Time Keeping System |
Days/Month (based on Record of Activities) |
Village Justice |
Howard Code |
6 |
4/1/13 4/1/17 |
No |
2.042 |
Acting Village Justice |
Laurie Sullivan |
6 |
4/1/13 4/1/14 |
No |
0.97 |
The Village Clerk is hereby directed to add the last four digits of each individual’s social security number as well as each individual’s registration number to this Resolution when filing with the New York State Comptroller’s office.
Award of Bid – Youth Center & Law Park Planting and Restoration Project
The matter was tabled to the next meeting.
Schedule Public Hearing to Renew a Special Use Permit – Faith Lutheran
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the October 16, 2013 Board of Trustees meeting to hear and consider a request from Faith Lutheran Brethren Church to renew a Special Use Permit.
Tax Certiorari – JP Morgan Chase
The Board discussed the Village becoming it’s own assessment unit and requested information from the Village Manager regarding the next steps by the first meeting in October.
Upon motion by Trustee Murray, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the following resolution:
WHEREAS, JP Morgan Chase 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 2010 through 2012; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 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 September 3, 2013;
WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2013-2014;
WHEREAS, the Village received payment in the amount of $7,039.90 for the total 2011-2012 Village taxes and $7,144.31 for the total 2012-2013 Village taxes due on the property based on the assessed value prior to any adjustment under the Consent Judgment;
WHEREAS, the Village received payment in the amount of $3,717.22 for the first installment payment of the 2013-2014 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 for Fiscal Years 2011-2012, 2012-2013 and 2013-2014 in the amounts set forth below based upon assessment values reduced in accordance with the Consent Judgment:
BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bills for Fiscal Year 2013-2014 in the amount set forth below based upon assessment values reduced in accordance with the Consent Judgment:
BE IT FURTHER RESOLVED, that the assessment for the Fiscal Years 2011-2012, 2012-2013 and 2013-2014 shall be adjusted in accordance with the Consent Judgment.
Year |
Address |
Original Assessed Value |
New Assessed Value |
Assessment Reduction |
Original Tax Amount |
Reduced Tax Amount |
Refund |
Abatement |
2010 |
1946 Pleasantville Rd |
$79,100 |
$63,280 |
$15,820 |
$7,039.90 |
$5,361.92 |
$1,407.98 |
|
2011 |
1946 Pleasantville Rd |
$79,100 |
$63,280 |
$15,820 |
$7,144.31 |
$5,715.45 |
$1,428.86 |
|
2012 |
1946 Pleasantville Rd |
$79,100 |
$63,280 |
$15,820 |
$7,434.45 |
$5,947.69 |
$743.46 |
$743.46 |
~ |
~ |
~ |
~ |
$45,840 |
~ |
Total |
$3,580.30 |
$743.46 |
~ |
~ |
~ |
~ |
TOTAL AV REDUCTION |
~ |
~ |
TOTAL REVENUE REDUCTION |
$4,323.76 |
Appropriation of Fund Balance
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 as follows:
From: A0909 Fund Balance $184,454.00
To: A1620.840 Buildings Retirement $2,145.00
A1640.840 Central Garage Retirement $3,959.00
A3120.840 Police Retirement $117,691.00
A5182.840 Street Lighting Retirement $2,511.00
A7110.840 Parks Retirement $7,477.00
A8090.840 Environmental Control Retirement $5,118.00
A8160.840 Refuse Collection Retirement $20,506.00
A8989.840 Construction Retirement $5,179.00
A8510.840 Beautification Retirement $2,145.00
A5110.840 Street Maintenance Retirement $17,723.00
Minutes
Upon motion by Trustee Murray, seconded by Trustee Wilson, with abstentions by Deputy Mayor Sullivan and Trustee Pohar, the Board voted to approve the minutes of the May 15, 2013 regular meeting.
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, with one abstention by Trustee Murray, the Board voted to approve the minutes of August 15, 2013.
Amend Procedures Manual for the Briarcliff Manor Police Department - Modified Duty Assignment
Upon motion by Trustee Murray, seconded by Deputy Mayor Sullivan, the Board adjourned the regular meeting and reconvened into executive session as the Board of Police Commissioners at 8:25pm.
Upon motion by Deputy Mayor Sullivan, seconded by Trustee Wilson, the Board adjourned the executive session at 8:40pm.
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, acting in their capacity as the Board of Police Commissioners, does hereby amend the Procedures Manual for the Briarcliff Manor Police Department to modify Procedure Number 111, Modified Duty Assignment.
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to adjourn back in the regular session.
Adjournment
The Board requested the Village Manager schedule representatives from Buckhurst, Fish and Jacquemart attend the next Work Session and also clarify the letter received by the Planning Board Chairman.
Upon motion by Trustee Wilson, seconded by Deputy Mayor Sullivan, the Board voted unanimously to adjourn the meeting at 8:45pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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