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Village Board of Trustees
Regular Meeting
February 6, 2014
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 February, 2014 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
Lori A. Sullivan, Deputy Mayor
Mark Pohar, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Absent
Robert Murray, Trustee
Mark L. Wilson, Trustee
Clinton Smith, Village Counsel
Board of Trustees Report by Mayor Vescio
· Happy Birthday to Village Manager Zegarelli!
Village Managers Report by Village Manager Zegarelli
· An analysis of the annexation recommendation is due by March 12th.
· 1100 tons of salt have been used thus far this winter during the storms.
· Moody’s reaffirmed the Village’s Aa2 rating.
· Tax Collection is at 98.5%.
· The Ice Skating Rink will be reopened tomorrow.
Public Comments
There were no public comments.
Tax Certiorari – OK Café
The Board had general discussion regarding the lack of input the Village had during the negotiation process and stated all impacted players should be present. They further stated they were looking into securing the Village’s Assessment via another means.
Ms. Kim Jeffrey, Ossining Town Board Member, stated she wanted to find a better way to keep the Village involved and would reach out to the Assessor to contact the Board to be included in the process.
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the following resolution:
WHEREAS, OK Café 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 2007 through 2013; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2008-2009, 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 January 2, 2014;
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 amounts set forth below for the total 2008-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013 and 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 2008-2009, 2009-2010, 2010-2011, 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 assessment for the Fiscal Years 2008-2009, 2009-2010, 2010-2011, 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 |
2007 |
265 S. Highland Ave. |
$76,600 |
$53,350 |
$23,250 |
$6,502.90 |
$4,529.11 |
$1,973.79 |
|
2008 |
265 S. Highland Ave. |
$76,600 |
$55,500 |
$21,200 |
$6,632.04 |
$4,805.20 |
$1,826.84 |
|
2009 |
265 S. Highland Ave. |
$76,600 |
$53,000 |
$23,600 |
$6,687.86 |
$4,626.94 |
$2,060.30 |
|
2010 |
265 S. Highland Ave. |
$76,600 |
$57,500 |
$19,100 |
$6,817.40 |
$5,117.50 |
$1,699.90 |
|
2011 |
265 S. Highland Ave. |
$76,600 |
$60,000 |
$16,600 |
$6,918.51 |
$5,419.20 |
$1,499.31 |
|
2012 |
265 S. Highland Ave. |
$76,600 |
$61,000 |
$15,600 |
$7,199.63 |
$5,733.39 |
$1,466.24 |
|
~ |
~ |
~ |
~ |
$119,250 |
~ |
|
|
|
~ |
~ |
~ |
~ |
TOTAL AV REDUCTION |
~ |
~ |
TOTAL REVENUE REDUCTION |
$10,526.33 |
Authorize the Village Manager to ratify an agreement with Police Officer A
Upon motion by Deputy Mayor Sullivan, seconded by Trustee Pohar, the Board voted unanimously as the Board of Trustees to reaffirm and ratify action taken as the Board of Police Commissioners at its meeting of January 22, 2014, by adoption of the following resolution as amended:
WHEREAS, a certain person is employed by the Village of Briarcliff Manor as a police officer (“Police Officer A”); and
WHEREAS, the Village and Police Officer A have agreed to a negotiated resolution of certain issues between them to avoid the potential cost, time, and risk of hearings and litigation;
NOW, THEREFORE, BE IT
RESOLVED, that the Village of Briarcliff Manor Board of Trustees, acting as Trustees and/or as the Board of Police Commissioners, does hereby approve that agreement with Police Officer A in the form circulated to the Board by electronic message of the Village Manager dated January 6, 2014, and presently on the dais before the Board, including but not limited to Police Officer A’s voluntary resignation and separation from service with the Village (“Stipulated Settlement”); and be it further
RESOLVED, that Board of Trustees authorizes and directs the Village Manager to execute and deliver the Stipulated Settlement on behalf of the Village and ratifies any such execution and delivery of the same that already has been done; and be it further
RESOLVED, that the Village Manager is further authorized to make or accept any change to the Stipulated Settlement 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.
Schedule a Public Hearing to Amend Chapter 220-2, Zoning, Definitions, Continuing Care Retirement Community
The Board requested the draft legislation allow for both a CCRC and an SLRC and ask that they both be defined.
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the March 19, 2014 Board of Trustees meeting to hear and discuss a Local Law to amend Section 220-2 of the Zoning Ordinance of the Village of Briarcliff Manor, New York relative to the definition of a Continuing Care Retirement Community.
BE IT RESOLVED FURTHER that the proposed local law to amend Section 220-2 of the Zoning Ordinance of the Village of Briarcliff Manor, New York relative to the definition of a Continuing Care Retirement Community is hereby directed to the Village Planning Board and to the Westchester County Planning Board for review and recommendation and to the Town of Ossining, Town of Mount Pleasant, and Village of Ossining for review and comment as they see fit.
Election Inspectors for the Village Election on March 18, 2014
Upon motion by Deputy Mayor Sullivan, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that, Janet Wagner, Susan Cabral, Karen St. Vil, and Susan Zetkov-Lubin are hereby appointed Inspectors of Election for the March 18, 2014 Village Election.
BE IT FURTHER RESOLVED that Janet Wagner is hereby designated as Inspector of Election and Chairperson.
BE IT FURTHER RESOLVED that Jessie Swisher Spiers, Lynn Kenner, Francisco Montano and Pamela Newman are hereby appointed as Alternate Inspectors of Election.
BE IT FURTHER RESOLVED that the compensation for each Inspector of Election other than the Inspector designated as Chairperson is hereby fixed at Two Hundred and Twenty Five ($225) dollars per day or prorated to $14 per hour worked.
BE IT FURTHER RESOLVED that the compensation for the Inspector of Election that is designated as Chairperson shall be Two Hundred Seventy-Five ($275) dollars per day.
Minutes
Upon motion by Deputy Mayor Sullivan, seconded by Trustee Pohar, the Board voted unanimously to approve the minutes of January 9, 2014.
The Board requested Village Clerk Dennett review the minutes of January 22, 2014.
Adjournment
Mayor Vescio reminded residents to clear their sidewalks within 24 hours of a snow event and not to plow snow into the roadways.
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to adjourn the regular meeting at 8:00pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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