https://sleepyhollow.localarchives.org/files/original/0c5ddba61e0ab584175adc864ce8221f.pdf 79939ba5b1f9bc33a3b925ba904b7f25 PDF Text Text A regular meeting ol the board ol Trustees was held on Tuesday, March 28, 2006 at 8pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Spota Thomas Capossela Andrew Murray Sandra Morales Kay Brown Grala Trustees Absent: Robert Ponzini, Village Attorney Also Present: Dwight Douglas, Village Administrator Diane Jacobson, Village Treasurer Mayor Zegarelli commented that the Board met in Executive Session at 7 pm to discuss personnel, finances and other items. No formal action was taken. Trustee DiFelice moved to go out of Executive Session, seconded by Trustee Spota and motion carried. Mayor Zegarelli explained that the Board will now convene as the Board of Assessment Review at 8:05pm. Bob Balog, Village Assessor and Dwight Douglas, Village Administrator gave an explanation on the three tax grievances that were approved and explained that these would only have a modest impact on our taxes. The Mayor commented that we accept the recommendations presented to the Board and incorporate the report into the minutes. Trustee Spota moved, seconded by Trustee Capossela to accept the tax grievances filed by Handleman, Amato and Connors and that all other tax grievances be denied, motion carried unanimously. Trustee Capossela moved, seconded by Trustee Grala to adjourn the Board of Assessment Review meeting, carried. Regular Board Meeting Mayor Zegarelli called the meeting to order with a prayer and a pledge to the flag. He asked that everyone remain standing for Marie DiMuro, a resident who passed away recently and had just celebrated her 100th birthday a couple of weeks prior to her passing. Public Hearing Trustee Grala read the attached public hearing notice regarding the special permit application for senior housing. Dwight Douglas gave a brief explanation of the proposed project and commented that there is a resolution on the agenda tonight regarding this project. �Neil Connick also gave a brief overview of the newly proposed facility. He and Ken Gentile answered any questions regarding the proposed facility. Don Caetano asked if a person needed to be a resident of Margotta Courts to qualify for the new facility. Ken Gentile answered that any eligible senior who is already in the building now would be considered first and then others who might meet the criteria. Mario Belanich asked if seniors would have to move from a two or three bedroom apartment into this facility. Ken Gentile commented that they can't be forced but if they are only one or two people in the apartment, then these apartments are being under utilized. There being no further comments, Trustee Morales moved, seconded by Trustee Murray to close the public hearing, carried. Approval of Miniites Trustee Murray moved, seconded by Trustee DiFelice to approve the minutes of February 28, 2006, motion carried unanimously. Trustee DiFelice moved, seconded by Trustee Spota to approve the minutes of March 14, 2006, motion carried unanimously. Trustee Spota moved, seconded by Trustee Capossela to approve the minutes of March 22, 2006 which was the Statement and Canvas of the results of the March 21, 2006 election, motion carried unanimously. Approval of Warrant Trustee Capossela moved, seconded by Trustee Grala to approve the special warrant of March 22, 2006 in the amount of $1,373.99 subject to review, approval and signature of department heads, treasurer and Mayor, motion carried. Trustee DiFelice wanted it noted that he objected to payment to the Community Station. Trustee Grala moved, seconded by Trustee Morales to approve the warrant of March 28, 2006 subject to review, approval of department heads, Treasurer and Mayor and signatures of the Mayor and Village Treasurer. Trustee DiFelice questioned the high cell phone bills for the Police Department. The Mayor commented that Trustee DiFelice could check those bills in the morning; motion carried. Total of General fund is $38,054.82, total of Water fund is $21,422.50, Capital fund total is $115,290.28, and Parking Authority total is $200.00., total of Sanitation fund is $9,326.4, and the total of the Escrow fund is $36,889.42. Total of the warrant is $354,593.77. Public Comments Mario Belanich questioned what happens to parking enforcement when a Parking Enforcement Officer is put on as a School Crossing Guard when needed. The Mayor commented that the police should be enforcing the parking when this occurs. �ivir. ueianicii also asked about when the Mayor was allowed to vote on a resolution. The Mayor read the Village Law explaining that the Mayor can vote at anytime, but only once on each resolution. Mr. Belanich asked if there was an analysis of the tax reductions given on certain grievances. The M a y o r commented yes and that if Mr. Belanich wanted to look at it, he could do so. Don Caetano asked why we are paying the County a sanitation tax. The Mayor responded that is for the Yonkers Treatment Plant. Mr. Douglas commented that there are two county taxes that we all have to pay, one is for the sewer tax and the other is the solid waste tax that is the Rescoe plant. Trustee Reports Trustee DiFelice read the attached Public Works report. Trustee Spota reported that he and Trustee Morales attended the Public Safety Committee meeting last night. Sgt. Bizzaro represented the Police Department. Chief Ojito and Assistant Fire Chief Hayes represented the Fire Department, Peter Dressen and Marco Faustino represented the Ambulance Corp. and the Auxiliary Police was represented by Captain Rey and Lt. Lee were in attendance as was Sean McCarthy, Building Inspector. Illegal parking on Beekman Avenue and Teresa Street was discussed and we asked the Police Department to take action on it. The next meeting will be held on April 24 th at 7pm in the board room. Trustee Capossela reported that o u r skilled carpenter/laborer Eddie will be meeting with Judge Waters and Mr. Douglas to see what needs to be done in the courtroom. Work is continuing on the gazebo at Kingsland Point Park and the ball field there has been aerated. Trustee Capossela commented that he will be meeting with Joe DeFeo and Richie Gross to go over tree planting and shrub maintenance in Douglas Park. He attended an Ambulance Corp. dinner last Saturday night and congratulated outgoing Captain Todd Spota and his department for an excellent job. Trustee Grala commented that she, Trustee Morales, Capossela and Dwight Douglas met with as the recreation sub committee to discuss day camp for this summer and other upcoming recreation projects. They discussed fee schedules for the parks. One of the projects discussed was Ferry Landing which will be held on September 17, 2006 along with the Street Festival. On March 16th the Library Committee met and discussed the contract with HVAC for the fire system and also discussed power washing of the entrance steps to the library. Trustee Morales had no r e p o r t 3 �*> <r) Trustee M u r r a y reported that he recently attended a County Board of Legislators meeting and he thanked Lois Bronz for all her help. Administrator's Report Dwight Douglas gave an update on several projects such as the upgrade of the connection of the meter pit tie-in with Briarcliff Manor. We have received the DEC permit for the Fremont Pond dredging and we will be signing a license agreement with the school district in order for us to use Peabody field in order to access the pond. A study is being done in order to access the Delaware River for Briarcliff, Tarrytown and Sleepy Hollow in case the Catskill shuts down. We have submitted a $200,000. Grant for the main street program. We a r e anxious to see if we can get matching facade grants for Beekrnan Avenue. I Resolutions-Attached Old Business Trustee Capossela asked about the correspondence we received from Lenny Galgano regarding the parking situation in front of his house on Sleepy Hollow Road. The Mayor commented that he has asked the Police Chief to do a survey of the street to see what can be done to alleviate the problem. Mayor's Report Mayor Zegarelli stated that he wants to set up a meeting with the Police Chief, Fire Chief and Captain of Ambulance Corp. to review the case of the child who died in Fremont Pond recently to see if there was anything more that could have been done in addition to what we had already done. The family was very pleased with everything that we did to try and save their child. Communications, Petitions and Requests Mayor Zegarelli read second turn off notices from Con Edison for 76 Beekrnan Avenue, 176 Beekrnan Avenue, 85 Cortlandt Street, 146 Cortlandt Street and 148 Cortlandt Street; first turn off notice for 7 Fludson Street. I Village Clerk read correspondence from the JG Food Services dba Horseman Diner informing the Village that they are renewing their liquor license. Copy given to Police Chief. There being no further business, Trustee DiFelice moved, seconded by Trustee M u r r a y to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett Village Clerk I �SI 3 VILLAGE OF SLEEPY HOLLOW NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Board of Trustees of the Village of Sleepy Hollow on the 28th day of March 2006 at 8:00 p.m. in the Village Hall located at 28 Beekman Avenue, Sleepy Hollow, New York to consider the issuance of a Special Permit to Mountco Corp. for the construction of sixty-five (65) units of senior affordable housing on the municipally owned Valley Street lot in the Village of Sleepy Hollow. In prior hearings and by operation of local law, the Village of Sleepy Hollow adopted a senior housing zone section intended to permit this development, among others, and authorized the conveyance of Village owned property to the Westchester Management Group for this senior housing development. A special permit application has been received for the development of this senior housing on this site and a public hearing is required by local law prior to any action on this application. A detailed and complete copy of this application is entitled to be heard upon said proposed application at such public hearing. Village Hall is handicapped accessible. By order of the Board of Trustees of the Village of Sleepy Hollow, New York Dated: March 18, 2006 Angela Everett, Village Clerk �t> Vi •VILLAGE OF SLEEPY HOLLOW NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a ubllc hearing will be held by the oard of Trusteed of the Village of Sleepy Hollow on the 28th day of March, 2006 at 8:00 p.m. In the Village Hall located at 26 Bookman Avenuo, Sleepy Hollow, New York to consider the laiuonce of a Special Permh lo Mountcc Co.p. for the construction ol sixty-five (65) units ol «eI nlor affordable homing on the municipally owned Valley Street lot in the Village of Sleepy Hollow. AFFIDAVIT OF PUBLICATION E from W\t Journal Neuis Eriok Murph In prior hea'ings and by operation of local law, the Village of Sleepy Hollow adopted a senior being duly sworn says trl housing zone section intended to permit this development, among principal clerk of The Journal News, a newspaper published in the County of Wester) others, and authorized the conveyance of Village owned prop- r erty to the Weitchev<er Manage- ' of New York, and the notice of which the annexed is a printed copy, was published i mer.-; Group for this senltr homing development. area(s) on the date(s) below: Note: The two-character code to the left of the run dates indicates the zone(s) that 1 published. (See Legend below) AC A special permit application h a i , been received for the development of this senior housing on this she end e public hearing ID required » « • • ' ' - • ' by local law prior to any action on this application. A detailed and complete copy of this application lc available for inspection in the office of the Village Clerk. 03/18/06 Any reildent of the Village o f Sleepy Hollow is entitled to be; heard upon said proposed application ai euch public hearing. VII-1 ;igned ^ 5 ^ <^hs,//f I lege Hall Is handicapped accesiljble. 1 Sworn to before me Sy order of the Boerd of Trustees of the Village of Sleepy Hollow, Sleepy Hollow, New York. Dated March 18,2006 This 200 C NOTARY PUBLIC, £ NO. T J 0 1 H A ! D I AngeleEverett i « a o Vlllegecierk QUALIFIED IN WESTCHESTER COUNTY TERM EXPIRES JULY 6, 2 0 0 8 Notary Public, Westchester County tgend: jrthern Area (AN): nawalk, Armonk, Baldwin Place, Bedford, Bedford Hills, Briarcliff Manor, Buchanan, Chappaqua, Crompond, Cross River, Croton Falls, oton on Hudson, Goldens Bridge, Granite Springs, Jefferson Valley, Katonah, Lincolndale, Millwood, Mohegan Lake, Montrose, Mount sco, North Salem, Ossining, Peekskill, Pound Ridge, Purdys, Shenorock, Shrub Oak, Somers, South Salem, Verplanck, Waccabuc, >rktown Heights, Brewster, Carmel, Cold Spring, Garrison, Lake Peekskill, Mahopac, Mahopac Falls, Putnam Valley, Patterson sntral Area (AC): dsley, Ardsley on Hudson, Dobbs Ferry, Elmsford, Harrison, Hartsdale, Hastings, Hastings on Hudson, Hawthorne, Irvington, Larchmont, amaroneck, Pleasantville, Port Chester, Purchase, Rye, Scarsdale, Tarrytown, Thornwood, Valhalla, White Plains, Greenburgh >uthern Area (AS): onxville, Eastchester, Mount Vernon, New Rochelle, Pelham, Tuckahoe, Yonkers >ckland Area (JN or RK): auvelt, Congers, Garnerville, Haverstraw, Hillburn, Monsey, Nanuet, New City, Nyack, Orangeburg, Palisades, Sloatsburg, Sparkill, )hng Valley, Stony Point, Suffern, Tallman, Tappan, Thiells, Tomkins Cove, West Haverstraw, West Nyack, Pearl River, Piermont, illey Cottage, Pomona itent Trader (PT): nawalk, Armonk, Baldwin Place, Bedford, Bedford Hills, Briarcliff, Chappaqua, Cortlandt Manor, Cross River, Croton Falls, Goldens idge, Granite Springs, Jefferson Valley, Katonah, Lincolndale, Millwood, Mohegan Lake, Mount Kisco, North Salem, Pleasantville, )und Ridge, Purdys, Shrub Oak, Somers, South Salem, Thornwood, Verplanck, Waccabuc, Yorktown Heights sview Press (BVW): onxville, Eastchester, Scarsdale, Tuckahoe Ad Number-H01946701 Account Number - 040203004 �s&o Pubiie Works Report March 28, 2006 PLEASE N O T E : FRIDAY, APRIL 14, 2006 IS G O O D FRIDAY, A LEGAL HOLIDAY. VILLAGE OFFICES WILL BE CLOSED. THURSDAY'S GARBAGE WILL BE PICKED UP ON WEDNESDAY ALONG W I T H RECYCLING AND FRIDAY'S PICKUP WILL BE ON THURSDAY THAT WEEK. MONDAY AND TUESDAY PICKUP REMAIN T H E SAME. LOOSE LEAVES MAY BE PUT OUT AT THE CURB UNTIL THURSDAY, APRIL 13 T I i . AFTER THAT LEAVES SHOULD BE BAGGED. DEAD TREES T H R O U G H O U T THE VILLAGE HAVE BEEN TAKEN DOWN AND DEAD BRANCHES ARE BEING REMOVED. REPLACEMENT LIGHTS ALONG BEEKMAN AVENUE SHOULD BE INSTALLED IN APRIL. STORM DRAINS THROUGHOUT THE VILLAGE ARE BEING CLEANED OUT. �-gl Meeting Date: Resolution #: 03/28/06 03/39/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Contractor Services for Treasurer's Office WHEREAS, the Treasurer's office is in need of professional assistance to complete compliance with new GASB requirements and complete transition to an upgraded accounting system; and WHEREAS, pursuant to a interviews by the Treasurer, Village Administrator and Mayor as well as by the Finance Subcommittee of the Board of Trustees, it is recommended that Brenda M. Jeselnik of 61 White Birch Road, Pound Ridge, NY 10576 be contracted with to provide this needed service at an hourly rate of $50; and WHEREAS, Ms. Jeselnik will replace services presently provided through Bennett, Kielson at an hourly rate of $100, thus providing a cost savings to the Village for this important service. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees herein authorizes execution of a contract agreement Brenda M. Jeselnik at an hourly rate of $50 not to exceed twenty-eight (28) hours per week beginning April 3, 2006; and be it further RESOLVED that said contract agreement shall be evaluated by the Finance Subcommittee of the Trustees by July 1, 2006 and a recommendation made to the Board regarding continuation of said contract services. Motion by: Trustee Grala Seconded by: Trustee Morales Vote: Unanimous �o Meeting Date: Resolution #: 03/28/06 03/40/06 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW AWARDING ELECTRIC BID FOR BARNKART PARK WHEREAS, by prior Board action, bid proposals for electrical work at Barnhart Park were rejected as an inadequate number of bids had been received; and WHEREAS, bid proposals have been solicited by the Building Inspector to provide this needed work; and WHEREAS, three (3) bid proposals have been obtained and the low bidder identified as Morabito Electric, Inc. of Tarrytown, New York 10591 with a low bid price of $19,875.00; and WHEREAS, the Building Inspector has recommended that this proposal be accepted. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees herein accept the proposal of Morabito Electric, Inc. for a total price not to exceed $19,875.00 and authorize the Mayor to execute said February 27, 2006 letter proposal and to take any and all other steps necessary to effectuate the intent of this resolution. H Moved: Trustee Morales Seconded: Trustee Murray Vote: Unanimous �S -h Page No. _1_of _1_ PROPOSAL^ MORABITO ELECTRIC. INC. Licensed Electrician TARRYTPWN, NY 10991 Fhone631-B317 POSAL SUBMITTED TO PHONE age of Sleepy Hollow 366-5101 =ET JOB NAME 3eekman Avenue Pavilion and Comfort Station , STATE AND ZIP CODE JOB LOCATION epy Hollow, NY 10591 Barnhart Park diTECT DATE OF PLANS | DATE 2/27/06 JOB PHONE We hereby submit specifications and estimates for: s proposal is for the work at Barnhart Park, Pavilion I Corfort Station as per plan. iropose eteen thousand eight hundi^d seventy five dollars. $19,875.00 yment to be made as follows: be determined matenal is guaranteed to be specified. All work to be completed in a workmanlike Authorized i n e r according to standard practices. Any alteration or deviation from above Signature clfications involving extra costs will be executed only upon written orders, and will o m e an extra charge over and above the estimate. All agreements contingent upon <es, accidents or delays beyond our control. Owner to carry fire, tornado and other ;essary insurance. Our workers are fully covered by Workman's Compensation Note: This Proposal may be withdrawn jrance. by us If not accepted within _30_days c e p t a n c e of Proposal i above prices, specifications and conditions are satisfactory and are hereby accepted, i are authorized to do the work as specified. Payment will be made as outlined above. Signature Signature �SSCj AEI Licensed Electrical Contractor Ampul Electric Lnc. I March 4,2006 Client: Village of Sleepy Hollow Address: 28 Beekman Ave. Contact: Sean Project: Job will be preformed at Barnhart Park as designed with the price of $24,500.00. Estimate: $24,400.00 Authorized Signature I 1 Date All price quotes are valid for no more than ten days. 62 Fulton Street White Plains, N.Y. 10606 *914.683.6831* Fax: 914.683.6832 �ESTIMATE KENNETH FIALA ELECTRICAL CONTRACTOR P.O. BOX 779 SLEEPY HOLLOW, NY 10591 03/02/2006 Date: I Proposed to: Village of Sleepy Hollow Job Location: Barnhart Park Scope of Work: Discription of job is as spect out. Price: Authorizing Signature: $22,500.00 Signature: i j The above price quote is valid for fifteen days. Date: I �Meeting Date: Resolution #: I 03/28/06 03/41/06 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Mayor to Execute Addendum to 2005 SPCA Contract BE IT RESOLVED that the Board of Trustees hereby authorizes the Mayor to execute the Addendum to the 2005 SPCA contract relating to shelter procedure concerning feral cats. Moved: Trustee Murray I n Seconded: DiFelice Vote: Unanimous �1 RESOLUTION ADOPTING A CYBER SECURITY CITIZEN'S NOTIFICATION POLICY PURSUANT TO THE NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION A & \ . . . . . ; . WHEREAS, the State of New York ('"New York) has adopted a law entitled the Information Security Breach aid Notification Act, and .' WHEREAS, the purpose of that law is to define a set of minimum security requirements that all ,':ute entities must meet to, among other objectives, effectively manage the risk of security exposure or coinproaaiae witbin these state entity systems such as villages; to communicate the responsibilities for the protection'of these systems; to preserve management's options in the event of an information asset misuse, loss or unauthorized disclosure; and to promote and increase the awareness of information security in ell state entities, and WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") is required to adopt a policy in compliance with dlis law no later than April 6, 2006, and WHEREAS, Sleepy Hollow has drafted a policy which complies in form and substance with that directive and is entitled theMCyber Citizen's Notification Policy" ("Cyber Policy"), NOW THEREFORE BE IT RESOLVED, that Sleepy Hollow adopts its Cyber Policy, effective April 6,2O06 and that a copy of this policy be forwarded to all department heads for compliance. Movcd;^rustee DiFelice"' M e e t i n g Date: R e s o l u t i o n //: 03/28/06 03/42/06 Seconded:Trustee Spota Vote: Unanimous �•SSS Meeting Date: 03/28/06 Resolution #: 03/43/06 RESOLUTION I AUTHORIZING THE PREPARATION OF A REPORT AS TO THE ELIGIBILITY OF THE VILLAGE-OWNED VALLEY STREET PROPERTY (TAX MAP SECTION 115.15, BLOCK 3, LOT 39) AS AN AREA APPROPRIATE FOR COMMUNITY REDEVELOPMENT WHEREAS, the Village of Sleepy Hollow is the record owner of certain property located on Valley Street and identified on the Tax Map of the Village of Sleepy Hollow as Section 115.15, Block 3, Lot 39; and WHEREAS, said property is adjacent to the Margotta Courts housing complex and is presently utilized for parking purposes primarily by residents of the Margotta Courts complex and to a lesser extent the 100 College Arms complex; and WHEREAS, the Village suffers from a shortage of affordable senior housing; and WHEREAS, the Village is contemplating the conveyance of the Valley Street property for purposes of developing and constructing a residential project for the benefit of low and moderate income senior citizens; and I WHEREAS, said conveyance may, upon further consideration of the Board of Trustees, proceed as a disposition of municipal property in connection with an urban renewal program under applicable provisions of the General Municipal Law of the State of New York; NOW, THEREFORE BE IT RESOLVED, that the Village Board of Trustees hereby authorizes the preparation, by the Village Planning Consultant, of a designation study as to the condition of said property for purposes of ascertaining whether to designate same as a community redevelopment area under Section 504 of the General Municipal Law of the State of New York; and be it further RESOLVED, that the Village Mayor, Village Administrator and Village Attorney are authorized to take any such additional steps as are necessary to effectuate the preparation and submission of said report. Moved: Trustee Spota 2476/19/297180 VI J/29/06 I Seconded: Trustee Spota Vote: Unanimous �'-> \ Meeting Date: 03/28/06 Resolution #: 03/44/06 Resolution of the Board of Trustees Setting a Public Hearing 2006-2007 Budget Whereas, pursuant to Village Law , tentative budgets for the Village of Sleepy Hollow General Fund, Water Fund, Sewer Rent Fund, Sanitation Fund, Capital Fund, together with a Sleepy Hollow Parking Authority Budget were filed by the Village Treasurer with the Village Clerk on March 20, 2006 and made available for review and comment by village residents and other interested parties, and Whereas, the Mayor and Board of Trustees have also reviewed the subject tentative budgets and have indicated their intent to propose certain modifications and adjustments and are now desirous of holding a public hearing to obtain citizen input on the tentative budget as modified thereby, Now, Therefore, Be it Resolved that the Board of Trustees does hereby set a special meeting of the Board for April 18, 2006 at 8:00 pm in the Board Room at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York for the purpose of conducting a public hearing on the proposed 2006-2007 budgets. Moved: Trustee Capossela Seconded: Trustee Grala Vote: Unanimous I I �sri o Meeting Date: Resolution #: 03/28/06 03/45/06 RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW AUTHORIZING THE MAYOR TO ENTER INTO A LEASE WITH NEXTEL OF NEW YORK • • WHEREAS, the Board of Trustees has received and reviewed a Communications Site Lease Agreement, Entry and Testing Agreement and Preliminary Site Plan from the Nextel of New York (Nextel) to erect a flagpole antenna at their village owned Elm Street Lot; and WHEREAS, the 50 space Elm Street lot is being replaced with a new 158 space lot across the street and will then become available for redevelopment; and WHEREAS, the Elm Street Lot was identified as a suitable site for such a flagpole antenna as part of the Village's duly adopted 2004 "Wireless Facilities Location Plan''. • NOW, THEREFORE, BE I T RESOLVED that the Board of Trustees hereby declares itself lead agency under the State Environmental Quality Review Act with respect to leasing to Nextel, a Delaware corporation, portions of Village property for the placement of cellular telecommunication antennae and associated equipment authorizes the Mayor to enter into a lease with Nextel authorizing Nextel to install a flagpole antenna and related equipment at the Village owned Elm Street Lot designated on the tax rolls as Section 15, Block 1, Lot 1.1 in exchange for annual rent of not less than $30,000 per year subject to satisfaction of the Village Board as lead agency of its obligations under the State Environmental Quality Review Act (SEQRA) and subject to Nextel obtaining all governmental licenses, permits, approvals or other relief required or deemed necessary, including without limitation a special permit from the Sleepy Hollow Planning Board, Approval from the Sleepy Hollow Architectural Review Board and final review and approval by the Village Attorney. Moved: Trustee Grala 1 Seconded: Trustee Morales Vote: Unanimous �i\ MEMORANDUM TO: Board of Assessment Review FROM: Dwight H. Douglas DATE: March 28, 2006 We have reviewed filed grievances for the 2005 Village of Sleepy Hollow assessment roll and recommend that, with the exception of three (3) grievances as noted in the attached record, all said grievances be denied, including a grievance submitted by Dr. Silver for 2 Westview Circle, noting that Dr. Silver had made a personal appearance before the Board. Attachment DHD:sgs I �S r ^ Handleman - 4 Evergreen Way (11-01T-0008) Tentative Roll - Total Assessed Vallue of $204,000 FMV (RAR 22.96%) $888,500 1 Family Residence erected 75+ years ago. The basis for the requested reduction is: I Mrs. Handleman provided three comparable properties within her neighborhood, each having the same style building improvement and built in relatively the same era, (1926 1931). Location 54 Hemlock Drive 1 Ten-ace Close 49 Hemlock Drive - TAV $201,500 $208,000 $219,000 Each comparable has more acreage and a larger building improvement yet a lower assessed value. In addition #1 Terrace Close had a recent sale dated 3/15/2005 for $888,602. Conclusion Based on further review of the comparables and the 2005 sale of a larger same style home with more land it is reasonable to assume that Mrs. Handleman's full market value could be reasonably estimated in the $825,000 to $850,000 range. Recommendation I Reduce the Total Assessed Value of the property by $14,000 to $190,000. Applying the 2006 RAR of 22.96% would bring the indicated full market value for this property to $827,500. A m a t o - 119 New Broadway (17-17-0019) Tentative Roll - Total Assessed Value of $ 123,000 FMV (RAR 22.96%) $535,700 1-Family Residence erected in 1957 The homeowner has submitted a Grievance and cited four comparable properties within the immediate surrounding neighborhood that she feels supports her case that his assessment should be reduced. Address TAV 1) 89 New Broadway $115,000 2) 3 04 Gordon Avenue $ 113,000 3) 127New Broadway$123,100 4) 87 New Broadway $110,500 1 �All four comparables are either 2 or 3 family residences. I have ruled out #3 and #4 due to their age, having been built in 1930 and 1926 respectively and both are old style stucco construction. Comparable #1 has a room count of 9 and a square foot living area of 2,175. #2 has a room count of 10 and square foot living area of 1,739. The subject site has a room count of 7 and a square foot living area of 1,439. It is fair to use these two comparables as a basis for a reduction. Recommendation Reduce the subject site by 6.5% from $123,000 to $115,000, or $8,000. As a result the indicted full market value will be reduced from $535,700 to $500,900. Connors - 238 Hunter Ave. (14-03-0001.0 Tentative Roll - Total Assessed Value of $ 150,000 FMV (RAR 22.96%) $653,000 1-Family Residence erected in 1930 The homeowner has submitted a Grievance and cited multiple comparable properties within the immediate surrounding neighborhood that support their case that the assessment should be reduced. Their primary argument is that the property owners to the immediate west constructed a one story rear addition that blocked their unobstructed seasonal view of the Hudson River. Upon review of the RPS database it was noted that the majority of the comparables had higher Total Assessed Values, thus having a higher indicated full market value. This was explained in a telephone conversation with Mrs. Connors. Site Visit The property is the second parcel from Riverside Drive situated on the southerly side of Hunter Avenue. The building improvement is a two story, wood frame Colonial style structure having 3 bedrooms and 1.5 baths with a basement one car garage. The homeowner disputes the RPS Inventory Record with regard to the TSFLA and number of baths. RPS indicates 1,699SF while the homeowner contends that the TSFLA is closer to 1,400. It is constructed on top of a steep sloping, rocky outcrop. There is a small concrete and slate patio on the westerly side of the building. The grounds of the property are generally overgrown and not well maintained. The exterior and interior of the house can be characterized as poor, as both have fallen into disrepair. Their seasonal direct view of the Hudson River is blocked by the neighbor's addition; however, they still have a minimal northerly and southerly view. �^1H Conclusion Based on the site visit the homeowners have made a case for a reduction in their Total Assessed Value. The current condition of the property and building improvement, in addition to the superior condition and/or recent sales of similar properties in the vicinity does not indicate a current indicated Full Market Value of $653,000. Recommendation Reduce the subject assessment by 20%, from $150,000 to $125,000 or $25,000. As a result, the indicated full market value will be reduced from $653,000 to $545,000. Silver- 2 Westview Circle (17-13-OOE1.05) Total Assessed Value of $574,000 FMV (RAR 22.96%) $2,500,000 (Purchase price discounted by 10%) Sale Contract Date - 3/2003 Purchase price - $2,781,000 (10/07/2005) The homeowner, (Dr. Silver), personally appeared at the Grievance Day and provided his basis for a requested reduction as follows: Dr. Silver contends that his property has been de-valued as a result of the UFSD of the Tarrytown's v Pocantico Hills School District boundary line dispute. He cites the fact that his property, (located along County House Road), has been tentatively ruled, (subject to the Commissioner of Education final decision), to b e situated in the Tarrytown not Pocantico Hills school district, as originally advertised by the developer, (SPECTRUM). Dr. Silver noted that as a result of specific language in his contract of 3/03, he did not have the ability to renegotiate the sale price. In addition to his claim that he overpaid for his home he cites what he considers a flaw in the Assessors calculation for determining the AV of his home, (Lot 5 with .95 acre), and a similar style home, (Lot 10 having .97 acre), more SFLA and topographically superior with unobstructed views of the Hudson River. Assessor's Methodology As this is a newly created completed development with 11 homes that were previously partially assessed, (as they were under construction), the Assessor used either the sale price or the asking price as benchmarks in determining the 2006 Total Assessed Value (TAV) as follows: �5*7 3 Sale/Asking Price, discounted by 10%, times the 2006 RAR of 22.96%. Lot 5 (Dr. Silver) - $2,781,000 X 90% = $2,500,000 (FMV rounded) $2,500,000 X .2296 - $ 574,000 (2006 TAV) Lot 10 (asking) - $2,500,000 X 90% = $2,250,000 (FMV) $2,250,000 X .2296 = $ 517,000 (2006 TAV) Site Visit & Observations The .02 acre difference between the Silver lot and lot 10 is insignificant, (.95 v . 97). Although Dr. Silver claims that the living area square footage of the lot 10 home is more than his, (both are the "Sterling" model), the developer lists both as 5,870+ square feet. I Topographically both lots are similar. Dr. Silver's home is situated in a generally east-west location. His finished, (or soon to be finished), basement is partially below grade and opens onto his property along the westerly side of his home. Lot 10's home is situated in a north-south location and the partially below grade basement opens onto the property along the rear of the home. Dr. Silver has a generally unobstructed view of the Hudson River from the 2nd floor of the westerly side of his home. Lot 10's view of the Hudson River is generally superior. Dr. Silver's home borders County House Road. Passenger cars are the general traffic that traverses this roadway. Lot 10 borders Bedford Road. There is a mixture of passenger cars and mid-size to heavy commercial trucks that traverse this roadway. Lot 10 also borders the athletic fields of the Sleepy Hollow High School. (These fields are somewhat buffered by dense trees.) Lot 10 is landlocked between lots 9 and 11. It is accessed via a private roadway off Bedford Road into a private driveway between lots 9 and 11. Sale and Asking Comparison I Lot 5 (Dr. Silver) - Sale Listed at $2,781,000 (10/2005) (2 Westview Circle) Lot 10 (Asking) Originally $2,500,000. As of 3/06, per Realtor, $2,600,000 (122 Bedford Road) Lot 3 (Asking) Originally $2,100,000 On 1/05 the asking was $2,225,000 (6 Westview Circle) As of 3/06, per Realtor, the asking is $2,459,000. (This is a 17% increase in a 2 year period.) I �Note: Lot 3, or 6 Westview Circle, is located in the cul-de-sac and to the east of Dr. Silver's home. It is situated on 1.1 acre, which is slightly more than lot's 5 & 10, however, it is the "Van Tassel" model which is advertised as having 5,295 square feet of living area, or 11%± less than lots 5 & 10 "Sterling". Recommendation It is my opinion that Dr. Silver has not proven his case for a reduction of the 2006 Tentative Assessment. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2006 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2006-03-28 Subject The topic of the resource Board of Trustees Minutes-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text