Village Board of Trustees
Regular Meeting
November 5, 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 5th of November, 2014 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
Lori A. Sullivan, Deputy Mayor
Cesare DeRose, Jr.
Mark Pohar, Trustee
Mark L. Wilson, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Public Hearing to Amend Chapter 220, Zoning to Add a New Section 220-9.2 for the Regulation of Residential Use of Dwelling Units in Existing Accessory Buildings in the R80A, the R60A, the R40A, and the R40B Single-Family Residence Zoning Districts
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to reopen the Public Hearing.
Mayor Vescio gave a synopsis of the proposed legislation and the changes to the draft. He stated no further comments were received from the Planning Board, Westchester County or surrounding communities.
Deputy Mayor Sullivan stated the legislation allowed the Board to take action in the furtherance of the Comprehensive Plan.
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to close the Public Hearing.
Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to incorporate amended language into the legislation.
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution:
State Environmental Quality Review Act Determination
EAF Part 2, Negative Declaration
Accessory Residential Zoning
WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) is considering amendments to Village Code Chapter~220, Zoning to add a new Section~220_9.2 to permit and regulate certain residential use of dwelling units in existing accessory buildings in the R80A, the R60A, the R40A, and the R40B single-family residence zoning districts (“Proposed Action”); and
WHEREAS, the Board of Trustees has determined that the Proposed Action is subject to the State Environmental Quality Review Act (“SEQRA”), that it does not involve any federal agency, and that it will not involve other agencies, and that the Board of Trustees is Lead Agency for the Proposed Action under SEQR Regulation §617.6(b)(1); and
WHEREAS, the Board of Trustees reviewed a full Environmental Assessment Form, Parts 1 & 2, dated October~3, 2013, prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of the Proposed Action (“Full EAF”); and
WHEREAS, a duly advertised public hearing pursuant to NYS Village Law~§7_708 was held on the Proposed Action by the Board of Trustees at Village Hall, 1111~Pleasantville Road, Briarcliff Manor, New York, at 7:30~PM on October~15, 2014, and at 7:30~PM on November~5, 2014, at which times all those wishing to be heard were given the opportunity to be heard, and the hearing was closed on November~5, 2014; and
WHEREAS, the Board of Trustees received and considered written comments on the Proposed Action from the Village Planning Board and the Westchester County Department of Planning,
NOW THEREFORE BE IT:
RESOLVED, that the Board of Trustees, having considered the facts and conclusions set forth in the Full EAF regarding the potential environmental impacts of the Proposed Action, hereby determines that the Proposed Action is a Type~1 Action under SEQR and that adoption of the amendments to Village Code Chapter~220, Zoning contemplated as the Proposed Action will not have any significant adverse impact on the environment as set forth in the “Negative Declaration” attached hereto; and be it
FURTHER RESOLVED, that the Mayor or his designee is authorized to execute the Full EAF and, for the reasons set forth, to execute and file a Negative Declaration in accordance with the applicable provisions of law.
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the following resolution:
BE IT FURTHER RESOLVED that the proposed local amending Chapter 220, Zoning to Add a New Section 220-9.2 for the Regulation of Residential Use of Dwelling Units in Existing Accessory Buildings in the R80A, the R60A, the R40A, and the R40B Single-Family Residence Zoning Districts is hereby adopted.
Public Comments
There were no public comments.
Authorize Village Manager to Continue Village Counsel Services with Clinton Smith and Retain General Provision Legal Services with McCarthy Fingar, LLP
The Board thanked Village Attorney Smith and his new firm for continued to serve as legal counsel to the Village.
Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution:
WHEREAS, by appointment made April~9, 2014, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) continued the appointment of Clinton Smith of the law firm of Wormser, Kiely, Galef & Jacobs LLP as Village Counsel; and
WHEREAS, prior to and since the date of that appointment, Mr. Smith and other attorneys with whom he has practiced at Wormser, Kiely, Galef & Jacobs have provided legal assistance to the Village in various matters; and
WHEREAS, as of November~1, 2014, Mr. Smith and certain other attorneys with whom he practices are relocating their practice to the law firm of McCarthy Fingar LLP; and
WHEREAS, the Village would like to continue the services of Mr. Smith and such other attorneys with whom he has practiced to maintain, among other things, a continuity of service on active matters; and
NOW, THEREFORE, BE IT
RESOLVED, that the appointment of Clinton Smith as Village Counsel made April~9, 2014, is continued in accordance with its terms, without modification or extension but subject to such further action as the Board deems appropriate; and be it
FURTHER RESOLVED, that the Village Manager be and hereby is authorized to retain McCarthy Fingar LLP for general provision of legal services effective as of November~1, 2014, but otherwise on the same terms and basis as Wormser, Kiely, Galef & Jacobs LLP has been retained, without modification or extension but subject to such further action as the Board deems appropriate; and be it
FURTHER RESOLVED, that if the Village retains McCarthy Fingar for general provision of legal services, Village officials and staff are authorized to call upon and utilize the services of attorneys at McCarthy Fingar on the same terms and basis as they called upon and utilized the services of attorneys at Wormser, Kiely, Galef & Jacobs; and be it
FURTHER RESOLVED, that as may be appropriate to maintain continuity of service on active matters, the Village Manager is authorized to engage other attorneys as special counsel on the same terms and basis as Wormser, Kiely, Galef & Jacobs has been retained, without modification or extension but subject to such further action as the Board deems appropriate; and be it
FURTHER RESOLVED, that if the Village retains McCarthy Fingar for general provision of legal services, then McCarthy Fingar’s engagement shall include such administration and support of such Special Counsel as the Village Manager may direct or approve; and be it
FURTHER RESOLVED, that the Village Manager is authorized to take all steps necessary to implement the provisions of this Resolution.
Budget Transfer Between Funds
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 authorize the following budget transfers between funds for FY 2014-2015 totaling $5,400:
STAUFFER SUBDIVISION
From: TE 8022 Stauffer Inspection Fees $900
To: A3620.103 Safety Inspection (Part Time) $900
445 NORTH STATE ROAD
From: TA 0970 445 N. State Rd Escrow $4,500
To: A3620.103 Safety Inspection (Part Time) $4,500
General Fund Inter-fund Transfers
Increase Budget:
From: A0102.5031 $5,400
To: A3620.103 $5,400
Tax Certiorari – 1181 Pleasantville Road
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the following resolution:
WHEREAS, Arthur Malsin, Jr. (1181 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 2010-2013; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2011-2012, 2012-2013, 2013-2014 and 2014-2015; and
WHEREAS, a Consent Order of the Supreme Court of the State of New York, County of Westchester, was entered on September 24, 2014;
WHEREAS, the Consent Order was received after the finalization of the approval of the Village budget for Fiscal Years 2011-2012, 2012-2013, 2013-2014 and 2014-2015;
WHEREAS, the Consent Order reduced the tax assessment for the subject property for the Fiscal Years 2011-2012, 2012-2013, 2013-2014 and 2014-2015 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 2011-2012, 2012-2013, 2013-2014 and first half of 2014-2015 in the amount of $1,572.12 and the abatement of the second half tax bill in the amount of $205.75 based upon the reduced assessment values in the Consent Order.
Year |
Address |
Assessed Value |
New Assessed Value |
Assessment Reduction |
Original Tax Amount |
Reduced Tax Amount |
Refund |
Abatement |
|
|
|
|
|
|
|
|
|
2011 |
1181 Pleasantville Rd |
$38,500 |
$33,100 |
$5,400 |
$3,426.50 |
$2,945.90 |
$480.60 |
|
2012 |
1181 Pleasantville Rd |
$38,500 |
$33,100 |
$5,400 |
$3,477.32 |
$2,989.59 |
$487.73 |
|
2013 |
1181 Pleasantville Rd |
$38,500 |
$34,265 |
$4,235 |
$3,618.54 |
$3,220.50 |
$398.04 |
|
2014 |
1181 Pleasantville Rd |
$38,500 |
$34,265 |
$4,235 |
$3,740.89 |
$3,329.39 |
$205.75 |
$205.75 |
|
|
|
|
$19,270 |
|
|
$1,572.12 |
|
|
|
|
|
TOTAL AV REDUCTION |
|
|
TOTAL REVENUE REDUCTION |
$1,777.87 |
Acceptance of Assistance to Firefighters Grant
Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution as amended:
BE IT RESOLVED, that the Board of Trustees hereby accepts the Assistance to Firefighters grant from FEMA in the amount of $167,451.
Increase Revenue– Fire Fighters Grant A0104.4389 by $176,264
Increase Expense –Fire Fighters Grant A3410.201.4389 by $176,264
Award of Bid – Breathing Equipment for the Fire Department
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution:
WHEREAS the Village received 1 bid for the Breathing Air Compressor & Fill Station Project (VM-1415-4); and
NOW, THEREFORE, BE IT RESOLVED that the bid for the Breathing Air Compressor & Fill Station Project (VM-1415-4) is hereby awarded to AAA Emergency Supply Co. Inc. with their bid proposal of $62,990 which will be charged to budget code A3410.201.4389.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with AAA Emergency Supply Co. Inc. for said project.
Re-Schedule Public Hearing Amending the Third Amended and Restated Special Permit and Tree Removal Permit, Briarcliff Manor Investors LLC and Integrated Development Group LLC (The Club at Briarcliff Manor)
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 November 24, 2014 at 7:30pm or as soon thereafter as practicable in Village Hall located at 1111 Pleasantville Road, Briarcliff Manor, NY to hear and consider an application to amend the Third Amended and Restated Special Permit and Tree Removal Permit issued to Briarcliff Manor Investors LLC and Integrated Development Group LLC (The Club at Briarcliff Manor).
Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to reschedule the Work Session originally scheduled for Tuesday, November 25, 2014 to Monday, November 24, 2014 at 6:45pm.
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Briarcliff Manor Board of Trustees will hold a Public Hearing on November 24, 2014, at 7:45 p.m. or as soon thereafter as practicable, at Briarcliff Village Hall, 1111 Pleasantville Road, Briarcliff Manor, New York. The purpose of the Public Hearing is to consider the acquisition of a temporary construction easement and permanent use and maintenance easement by eminent domain and inform the public, review the public use and impact on the environment and residents of the locality, and receive public comment regarding the same. The property on which the easements shall be located is known as 150 Lodge Road, is identified on the Village’s Tax Map as Section 98.13, Block 1, Lots 13, 14, 15, 19 and Section 98.09, Block 1, Lot 29, is commonly known as the former Kings College Campus, and is currently owned
by Briarcliff Manor Investors LLC. The purpose for which the easements will be acquired is the implementation of the Village’s Public Purpose Infrastructure Improvements Project, i.e. construction of public water and sewer improvements.
Village Attorney Smith stated the public hearing involved work that had to be done in context with the Club’s development and was consistent with their site plan approval and special use permit. He further stated it was all reviewed under SEQRA and would not require further review.
Election Resolution for Annual Village Election 2015
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the annual Village Election will be held in the Village of Briarcliff Manor on Wednesday, March 18, 2015 between the hours of 6:00am and 9:00pm during which the polls will be open.
BE IT FURTHER RESOLVED that the following Village Offices are to be elected at the annual Village Election of March 18, 2015 for the terms as set forth herein:
Office Term
Mayor 2 Years
Trustee (2) 2 Years
Fire Department Memberships
The Board thanked the new members for volunteering.
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Jenna Heitzler to the Briarcliff Manor Hook and Ladder Company.
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Patrick Curran to the Briarcliff Manor Hook and Ladder Company.
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Keith Sherman to the Briarcliff Manor Hook and Ladder Company.
Minutes
Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to approve the minutes of October 15, 2014 as amended.
Adjournment
Village Manager Zegarelli reported that the leak was found in the Village pool and repairs were being made.
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to adjourn the regular meeting at 8:25pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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