Village Board of Trustees
Regular Meeting
June 7, 2007
7:30 p.m.
A 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 of the 7th of June commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Elsie Smith, Trustee
Gayle Waxenberg, Trustee
Also Present
Michael Blau, Village Manager
Ingrid Richards, Assistant Village Manager
Clinton Smith, Village Attorney
Christine Dennett, Village Clerk
Public Hearing, Chapter 168 Sanitary Sewer Connections
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to open the public hearing.
Mr. Lynn Kenner of 70 Old Sleepy Hollow Road stated the change in the local law was contrary to the county law. He stated he felt it was improper or illegal.
Mr. Dan Zucchi of Locust Road asked if more specific details could be given about the proposed law.
Village Manager Blau explained.
Mrs. Margo Berger of 2 Elizabeth Court stated she was confounded by the statements in the county law and there was an inconsistency problem. She asked if it was premature to pass the local law.
Mayor Vescio stated the Village Manager contacted the county before the proposed local law was set for a public hearing. He stated the county said the Village’s proposed law met their standards fairly well and Village Counsel stated there was no conflict and nothing in the Village law would supersede the county.
Deputy Mayor Venditti stated the Board was protecting the public health and safety.
Mayor Vescio stated the issue of septic fields was not new and many were coming to their life span. He further stated the law was environmentally sensitive.
Village Attorney Smith read a memo from Dan Pozin, Village Attorney dated June 4, 2007 into the record.
Mr. Mort Berger of 2 Elizabeth Court stated he read correspondence from the county that indicated if there was a sewer the homeowner must connect to it. He further stated that could be a problem to prospective buyers.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the public hearing.
Village Attorney Smith because a revised law was before the Board they had to vote to amend the proposed law.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to amend the proposed local law.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Code of the Village of Briarcliff Manor, Chapter 168, Sanitary Sewer Connections by removing existing Village requirements and establishing new requirements for connecting to the Village’s sanitary sewer system.
Public Hearing, Chapter 220, Zoning, Solar Energy Collectors
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to close the public hearing.
Village Attorney Smith stated the proposed law was referred to the County and they had no issue with it and no SEQRA review was necessary.
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Code of the Village of Briarcliff manor, Chapter 220, Zoning, Section 9A, Regulation of Solar Energy Collectors, by establishing new parameters for the installation of Solar Energy Collectors in all Zoning Districts.
Continuation of Public Hearing, Amend Special Use Permit, Sprint Spectrum, LP
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to reopen the public hearing.
Mr. Dan Braff of Snyder & Snyder explained the application and stated they received a positive recommendation from the Planning Board.
Mr. Mort Berger of 2 Elizabeth Court asked what the need for 3 new antennas was.
Mr. Dan Braff stated they were necessary to provide data services.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to close the public hearing.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution based upon the conditions set forth by the Planning Board:
BE IT RESOLVED that the Special Use Permit issued to Sprint Spectrum, L.P. relating to the installation of wireless telecommunications services facilities at the Scarborough Presbyterian Church is hereby amended to provide for the addition of three panel antennas to the previously approved three panel antennas.
Board of Trustees Announcements
Volunteers are needed for the cultural events committee.
Summer Fun in the Village, Sidewalk Sale will be held June 15th and June 16th.
Residents on a low sodium diet should not drink the tap water.
The BMCC is sponsoring an outdoor leadership training program for 6th and 7th Graders.
Flag Retirement Ceremony on June 14th at 7pm at Law Park sponsored by the Boy Scouts.
Village Managers Report
The Washburn Road project is nearing completion and should be finished next week.
The Village will be switching over to the Croton water supply for corrosion control.
Public Comments
Mr. Clay Tiffany of Hall Road stated he recently met with Village Manager Blau and appreciated him listening. He further stated he submitted two tapes to the Village Manager and asked that the Board members review them. He stated the tapes proved he didn’t suborn perjury and he wanted an apology from the Village. He showed pictures to the Board.
Mrs. Margo Berger of 2 Elizabeth Court asked if another report would be given by Hazen and Sawyer regarding the water project soon.
Mayor Vescio stated he would ask them to report in July.
Mrs. Berger asked about the giardia levels in the water and asked why it was over 50% higher than past years.
Mayor Vescio asked Village Manager Blau to find out how the levels related to past testing.
Change Date of Meeting
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby change the date of the meeting originally scheduled for July 5, 2007 to July 11, 2007.
Budget Transfer, Long Hill Road Pump House
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfer for Fiscal Year 2006-2007:
From: F1990.499 Contingency $12,965.00
To: F8320.201 Equipment $8,615.00
F8320.211 General Repair $4,350.00
Approval of Capital Budget for FY 2007-2008
Mr. Clay Tiffany of Hall Road stated the referendum vote was based on incorrect information and it would be unconstitutional to burden the tax payers in the district.
Mayor Vescio stated the referendum was put to the voters and they approved it.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees does hereby adopt the Capital Budget for Fiscal Year 2007-2008 as follows:
CAPITAL BUDGET - GENERAL FUND |
2007 - 2008 |
Department |
2007-2008 |
Buildings |
~ |
Library Expansion |
$2,750,000 |
DPW Truck Garage - Construct 13 Bay Garage (includes engineering of building plus planning consultant for wetlands permit) |
$125,000 |
DPW Modular Office - Roof, footings, electrical |
$58,500 |
Village Hall; All Departments - Lighting |
$50,000 |
Village Hall; All Departments - Ceiling Tiles |
$20,000 |
Village Hall; All Departments - Replace Thermostats and Place in Appropriate Locations |
$10,000 |
Village Hall - New Generator (outside of building) |
$85,000 |
Village Hall; Police Department - Replace Desk, including new electric |
$35,000 |
Village Hall; Fire Department - Replace overhang |
$15,000 |
Central Business District - DPW |
~ |
Pocket Park and Municipal Lot (USHUD Grant of $99,410 - actual financing of $100,590) |
$200,000 |
Improvements @ North State Road and Pleasantville Road |
$194,485 |
Roads, Sidewalks, Drainage - DPW |
~ |
Road Paving |
$100,000 |
Drainage - Long Hill Road West; Scarborough Station Road @ Route 9 (includes engineering and inspection) |
$335,000 |
Drainage - Engineering for Scarborough Road from Old Briarcliff Road to Sleepy Hollow Road |
$30,000 |
Guide rail - 3,000 lf |
$44,000 |
Sidewalks - 11,000 sf |
$100,000 |
Signs - Municipal Parking; Library; Parks |
$20,000 |
Sewer Pump Stations - DPW |
~ |
Brookwood Drive - Electrical and Generator Repairs |
$20,000 |
Sewer Distribution - DPW |
~ |
Scarborough Road Collector Sewer - Rehabilitation (includes Old Briarcliff Rd. and Holbrook Rd.) |
$200,000 |
Recreation |
~ |
Trail Development - Village Center; North County Trailway and Law Park to Youth Center (includes 15% for Design/Engineering) |
$253,100 |
Law Park - Replace/Upgrade Tennis Court Lights and Courts 1 and 2; add lights to Courts 3 and 4 |
$140,000 |
McCrum Field - Drainage Improvements; Includes 15% Design/Engineering/Inspection (Actual financing of $54,840; remainder to be paid from Recreation Fees-Parks Trust and Expense Account) |
$172,500 |
Law Park - Landscaping Improvements (Pleasantville Road and South State Road to Entrance of Atria) |
$25,000 |
Scarborough Park - Comprehensive Plan Study (NYSDOS grant of $35,000 - actual financing of $35,000) |
$70,000 |
Vehicles |
~ |
DPW |
~ |
Six Wheel Dump - T4 Int. S-1800 (1993) |
$155,000 |
Mason Dump - P2 Chevrolet K-30 (1994) |
$60,000 |
Skidsteers Attachments - Stump Grinder/Snow Blower |
$20,000 |
Backhoe Bucket for 1999 Backhoe |
$10,000 |
Spreader - T6 Int. 7500 (2007) |
$20,000 |
~ |
TOTAL |
$5,317,585 |
~ |
~ |
Actual amount to be financed |
$5,065,515 |
CAPITAL BUDGET - WATER FUND |
2007-2008 |
PROJECT/ITEM |
2007-08 |
CONSTRUCTION - FULL SUPPLY/CATSKILL AQUEDUCT CONNECTION |
Engineering - Tarrytown |
$25,000 |
Legal Services - NYCDEP & NYSEFC |
$40,000 |
Engineering Services ($450,000 included in previous borrowing) |
$1,250,000 |
WATER PUMP STATIONS |
~ |
Sleepy Hollow Road: Meter Pit and Generator Building |
$40,000 |
Round Hill Road: Tanks, Pumps, Controls, Generator Out of Village |
$300,000 |
WATER TANKS |
~ |
Old Kings College Property - Replace Center Column |
$85,000 |
VEHICLES |
M1 Ford Ranger Pick Up Truck (2000) |
$30,000 |
~ |
~ |
Total |
$1,770,000 |
Award of Bid, Expansion of Library
Mr. Clay Tiffany stated he was banned from the library a number of years ago and asked if the ban still applied.
Mayor Vescio stated he wasn’t aware of any ban.
Deputy Mayor Venditti stated he would not support any action that was repugnant to anyone’s constitutional rights.
Mr. Mort Berger asked if there was a clause in the contract that governed the work being done on time.
Mayor Vescio stated yes there was.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the bid for General Construction for the Briarcliff Manor Library addition and renovation project (VM-0708-02) is hereby awarded to the lowest, responsible bidder, FCI/Fourmen Construction Inc. of Peekskill, New York per their bid of $2,357,334.00.
BE IT FURTHER RESOLVED, that the Village of Briarcliff Manor does hereby authorize Alternate A-8, the installation of a motorized partition, to be included in the contract with FCI/Fourmen Construction Inc. at an additional cost of $29,800.00.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with FCI/Fourmen Construction Inc. for General Construction for the Briarcliff Manor Library addition and renovation project.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the bid for Electrical Construction services for the Briarcliff Manor Library addition and renovation project (VM-0708-03) is hereby awarded to the lowest, responsible bidder, Eastern Electrical Constructing Corp., White Plains, New York per their bid of $388,000.00.
BE IT FURTHER RESOLVED, that the apparent lowest bidder, Power-Up Electrical Contracting Corp., mistakenly failed to include Alternate Proposal No. E-2 in its base bid, and when that work is included, the bid price becomes $389,173.00.
BE IT FURTHER RESOLVED, that Power-Up Electrical gave notice of its mistake by telephone call and subsequent letter dated May 14, 2007, and the Village reserves any and all rights that it may have against Power-Up Electrical and/or Power-Up’s surety arising from Power-Up’s bid and Power-Up’s mistake in its bid.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Eastern Electrical Constructing Corp. for Electrical Construction services for the Briarcliff Manor Library addition and renovation project.
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the bid for Plumbing Construction services for the Briarcliff Manor Library addition and renovation project (VM-0708-04) is hereby awarded to the lowest, responsible bidder, L.J. Coppola Inc., Thornwood, New York per their bid of $257,000.00.
BE IT FURTHER RESOLVED, that the apparent lowest bidder, Beneway, Inc., withdrew its bid of $239,000.00 by letter dated May 24, 2007, and the Village reserves any and all rights that it may have against Beneway and/or Beneway’s surety arising from Beneway’s bid and Beneway’s withdrawal of its bid.~
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with L.J. Coppola Inc. for Plumbing Construction services for the Briarcliff Manor Library addition and renovation project.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the bid for Heating, Ventilation and Air Conditioning (HVAC) Construction services for the Briarcliff Manor Library addition and renovation project (VM-0708-05) is hereby awarded to the lowest, responsible bidder, D.J. Heating & Air Conditioning Inc., Marlboro, New York per their bid of $539,650.00.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with D.J. Heating & Air Conditioning Inc. for HVAC Construction services for the Briarcliff Manor Library addition and renovation project.
Fire Department Membership
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, 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 membership of Bryan Goldstein to the Briarcliff Manor Hook & Ladder Company.
Permission to Conduct Sidewalk Sale
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby grant permission to the Briarcliff Manor Merchant’s Association to conduct a sidewalk sale on Friday, June 15 from 12 noon to 6:00 p.m. and Saturday, June 16 from 10:00 a.m. to the close of business.
BE IT FURTHER RESOLVED that the Board of Trustees does hereby waive the requirement to obtain a sidewalk vending permit to place tables and items for sale on the sidewalk.
Mr. Clay Tiffany asked what the process was to have a booth.
Village Manager Blau stated the Village didn’t determine who had booths. He stated Mr. Tiffany should contact the Merchants Association.
Minutes
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve this minutes of May 17, 2007 as amended.
Adjournment
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to adjourn the meeting at 8:50pm.
Respectfully submitted by,
Christine Dennett
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