Village of Briarcliff Manor - Board of Trustees Minutes 7/1/2009

Board of Trustees Minutes 7/1/2009

Village Board of Trustees

Regular Meeting

July 1, 2009

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 of the 1^st of July 2009 commencing at 7:30 p.m.

Present

William J. Vescio, Mayor

David Venditti, Deputy Mayor

Robert Mayer, Trustee

Lori Sullivan, Trustee

Gayle Waxenberg, Trustee

Also Present

Philip Zegarelli, Village Manager

Christine Dennett, Village Clerk

Robin Rizzo, Village Treasurer

Clinton Smith, Village Counsel

David Turiano, Village Engineer

Public Hearing to amend Chapter 220-16, Zoning, Nonconforming Buildings, Lots and Uses

Public Hearing to amend Chapter 220-3, Zoning, to establish a new R80A Single Family Residence District

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to reopen the public hearings concurrently.

Mr. David Steinmetz, Attorney for Mr. Albert Erani, stated he spoke at the last meeting and they had a number of technical comments. He stated he thought it was inappropriate to rezone his client’s property. He read excerpts from the 2001 Scarborough Corridor Study from pages V7 and V8. He stated he thought it warranted a Positive Declaration and further elaboration and study. He stated his client’s property was in a transitional area. He stated the Village’s study said it would be an appropriate vehicle for TDR’s and the Board should consider them. He urged the Board to keep the hearing open and issue a positive declaration.

Trustee Waxenberg stated she loved that Mr. Steinmetz mentioned TDR’s and the Board relied on a number of studies and it was great to have public input.

Deputy Mayor Venditti stated the Corridor Study was important but it was only one of the studies used. He stated the Board was bending over backwards to not adversely affect property owners rights, but they were not addressing those properties that were already nonconforming prior to the new zoning.

Mr. Steve Lopez, Consultant for the Applicant showed a drawing from 2004 of proposed development on Mr. Erani’s property and stated the impacts the zoning change would have.

Mayor Vescio stated they drawings didn’t take into account steep slopes and wetlands.

Trustee Waxenberg stated the Greenway Plan encouraged vibrant village centers with office suites, retail centers and the outer areas as green space.

Mr. Lopez stated the question was whether an R80 zone was compatible with the existing neighborhood.

Deputy Mayor Venditti stated he appreciated all of Mr. Lopez’s points, but if it wasn’t visible to the surrounding neighbors then the impact would not be significant.

Mr. Lopez stated to some extent but it’d be an entirely different socio-economic group.

A resident from 410 Scarborough Road asked how people would get to the train station from that area. He stated they would end up going down Scarborough Road.

Mr. Lopez stated if bottlenecks were a concern then a Positive Declaration should be issued.

Mr. Steinmetz stated this brought issues to light and if the Board moves from R40 to R80 it would be going complete against what the direction should be. He stated the more you move toward enclave type zoning the further you move from it being affordable.

Mayor Vescio asked if his client was willing to build affordable housing.

Mr. Steinmetz stated it was something they could talk about but he wouldn’t say one acre in Briarcliff Manor was affordable but it was more affordable that two acre zones.

Trustee Sullivan stated the Board was sensitive to property owner’s rights but the amount of potential homes seemed unrealistic. She asked if they had a better idea of how many homes could be built with the existing laws to get a more realistic handle.

Mr. Steinmetz stated he appreciated what they were saying but it was important the Board should understand environmental and socio-economic impacts and his client was prepared to put together that information.

Mr. Clay Tiffany requested because of multiple conflicts of interests, that Mayor Vescio and Deputy Mayor Venditti recuse themselves from the matter. He stated that Mayor Vescio has property that’s up for sale and his son was in the real estate business. He stated that Deputy Mayor Venditti has ties to the construction industry. He stated he didn’t think the Board should have the audacity to compare Briarcliff Manor to other places and the surrounding area has much higher density and is in the Ossining School District. He stated low cost and affordable housing should be considered and he thought that cluster housing was another Trojan horse but should be considered.

Mr. Dan Zucchi of Locust Road asked if Cluster Zoning under any scenario whether it was one acre or two, would impact in anyway the number of units on any parcel.

Mayor Vescio stated it wouldn’t change the overall number of homes allowed. He further stated he appreciated Mr. Steinmetz’s comments and he brought up valid points that needed to be looked at. He stated they needed to do further studies and address the issues that were raised regarding the inequities of the current proposal. He stated the Board would look into alternatives and would adjourn the hearing to a date uncertain. He stated the Board was more than willing to discuss any alternatives to make this work and accomplish goals of the 2001 and subsequent studies.

Trustee Waxenberg stated she agreed with Mayor Vescio and the Board was open to dialog and discussion.

Village Attorney Smith stated the Public Hearing would need to be re-noticed when a new date was decided.

Deputy Mayor Venditti stated any changes to the CCRC traffic since the time of the original study needed to be considered.

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the hearing to a date uncertain.

Public Hearing to Amend Chapter 38, Village Manager

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to open the public hearing.

Mr. Clay Tiffany stated Mr. Zegarelli lived nowhere near the Village and asked how he was considered for the job and stated he saw Deputy Mayor Venditti in Sleepy Hollow on several occasions.

Deputy Mayor Venditti stated he didn’t conduct business in Sleepy Hollow but has been there recently and has relatives that live there and also in Tarrytown.

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to close the public hearing.

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:

Board of Trustees Announcements by Trustee Waxenberg

Attention Metro North commuters, there will be a new overpass, July 6^th, and the change will take place at mid morning. It will affect off peak travel on the riverside and will be closed to the general public.
The Club had a BBQ with a ceremonial ground breaking for the Village Ballfield prior to the 50% sale requirement and NYS has verbally agreed to the concept. The design is being finalized and will start construction in late summer.
Approaching July 4^th and fireworks should not be handled. Have a safe enjoyable weekend.

Village Managers Report by Village Manager Zegarelli

CSEA and PBA contract negotiation meetings are upcoming
There is a series of upcoming meetings regarding the IMA study as it pertains to the DPW.
The Court Room renovations are almost finished,
The Sidewalk Project on Pleasantville Road is ongoing
The Village wide guiderail project is complete
Delinquent tax payer monies are coming in
Various library programs are going on.
The day camp is underway
An adult only luau is slated for 7/31 at Law Park.
Community Day will be on 9/12

Public Comments

Mr. Clay Tiffany stated the Village allowed Nick Tartaglione to commit fraud and Mr. Zegarelli had a long history in Sleepy Hollow. He stated Roy Colzey had inappropriate relationships with young girls and he fathered a child as a result.

Deputy Mayor Venditti stated he didn’t know if the things Mr. Tiffany spoke about were true or not but they were outside of the Board’s jurisdiction.

Authorize Village Manager to Execute Agreement – NYSDOT Snow & Ice

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with the New York State Department of Transportation to amend the Indexed Lump Sum Municipal Snow and Ice Agreement for the period from July 1, 2008 through June 30, 2009.

Budget Transfer – Police Overtime

Trustee Waxenberg stated overtime had decreased significantly.

Mayor Vescio commended Chief Campion.

Mr. Clay Tiffany stated last year Larry Adamitis earned over $25,000 in overtime to pad his pension.

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfer:

From: A3120.109 Training $12,000.00

A3120.101 Salary $11,839.49

A3120.494 Training Supplies $2,950.00

A3120.478 Education $1,500.00

A3120.487 207-C $2,000.00

A3120.491 Drug Screening $1,000.00

A3120.201 Equipment $2,400.00

To: A3120.102 Police Overtime $33,689.40

Award of Bid – Scarborough Fire Station

Village Manager Zegarelli stated the bids came in 10% under budget and they were in the final stages of working out the details to temporarily move to the Archville Firehouse.

Mayor Vescio stated there would be no changes in fire service to the Community.

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 construction services for the Scarborough Fire Station (VM-0809-11) is hereby awarded to Peter A. Camilli & Sons, Inc. as per their bid of $1,119,141.00.

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Peter A. Camilli & Sons, Inc. for construction services for the Scarborough Fire Station.

Award of Bid – Full Water Supply Project

Village Manager Zegarelli stated the bids came in very low and an extensive review was done by staff, consultants and counsel.

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

Resolution Awarding Contract for Transmission Main Contract

WHEREAS, the Village Board of the Village of Briarcliff Manor contemplates obtaining its water supply from New York City’s Catskill Aqueduct through an existing pipeline jointly owned by the Villages of Tarrytown and Sleepy Hollow and construction of a pump station in Tarrytown, construction of a new tap to the Catskill Aqueduct and upgrades to the existing tap in Greenburgh and the installation of transmission main in parts of Tarrytown, Greenburgh, Sleepy Hollow, Mount Pleasant and Briarcliff Manor (the “Project”); and

WHEREAS, by resolution adopted at a meeting held December 22, 2008, the Village Board issued a Negative Declaration on the Project under the New York State Environmental Quality Review Act; and

WHEREAS, the Village Board directed the preparation of bid documents for the Project for five (5) separate contracts for the following components of the Project: (1) Transmission Main Contract VM-0708-7TM, (2) General Construction Contract VM-0708-7G, (3) Pump Station Electrical Contract VM-0708-7E, (4) Pump Station Plumbing Contract VM-0708-7P and (5) Pump Station HVAC Contract VM-0708-7H, and authorized the Village to go to bid on the Project on the basis of those bid documents; and

WHEREAS, the Village received fourteen (14) bids for the Transmission Main Contract which ranged from a low bid of $3,633,547 to a high bid of $9,763,885; and

WHEREAS, Inter Contracting Corp., the lowest dollar bidder for the Transmission Main Contract, asserted that it made a mistake in its bid calculations and asked to have its bid withdrawn and the Village Manager, upon direction of the Board of Trustees, accepted Inter Contracting Corp.’s request that the bid be withdrawn and simultaneously rejected the bid; and

WHEREAS, the next lowest dollar bidder is Traffic Works, Inc. (“TWI”), which submitted a bid in the amount of $4,861,355; and

WHEREAS, Village personnel and professionals have reviewed the bids and the bidders, and have reported to the Village Board that TWI and the principal of TWI have no experience in similar character and magnitude to the Project, and specifically, neither has any experience in water works projects and the laying of water transmission main; and

WHEREAS, the third lowest bidder, Joken Development Corp. (“Joken”), submitted a bid in the amount of $4,899,071 and Village personnel and professionals have reported to the Village Board that Joken and its principal have substantial experience in similar character and magnitude to the Project, specifically in water works projects and the laying of water transmission main; and

WHEREAS, Joken failed to comply with the bid specifications requiring a minimum bid of $150 per cubic yard of concrete and has submitted a bid of $125 per cubic yard of concrete for item 28 additional concrete; and

WHEREAS, Joken also failed to submit certain required information with respect to the equipment that it intends to use on the job.

WHEREAS, the Village Board has reviewed the following documentation in connection with its findings:

1. Engineers Recommendations contained in the Bid Evaluation Report for Water Transmission Main Contract VM-0708-7TM dated June 2009, and all attachments thereto.

2. June 30, 2009 Memorandum from David Turiano to Philip Zegarelli for Transmission Main Contract VM-0708-7TM, and all attachments thereto.

3. Confidential legal memorandum regarding bidding concerns; and

WHEREAS, the Village Board makes the following findings:

1. Inter Contracting Corp. submitted its bid on June 19, 2009 and notified the Village that it had made a mistake in the computation of its bid in the amount of $857,250.00 by letter dated June 22, 2009. The Board finds that the bidder submitted the bid in good faith and the error was unintentional.

2. Given the magnitude and importance of the Project, TWI lacks the requisite experience in laying water transmission main to be awarded the contract. The cost of the entire Project will exceed $12,000,000 based on bids received, and it is vitally important to the health, safety and welfare of the residents of Briarcliff Manor and other water customers served by the Village’s water supply system. Experience with laying of water transmission main is essential to the public's interest in seeing this Project brought to a successful conclusion at the lowest possible cost.

3. Joken has substantial experience in similar character and magnitude to this Project, specifically in water works projects and the laying of water transmission main. Further, Joken’s failure to bid at the minimum of $150.00 per cubic yard of concrete is not a material variance from the bid specifications and is diminimus. Of the total dollar amount of Joken’s bid, $6,250.00 was attributable to 50 cubic yards of concrete. Joken’s bid was considerably lower than the price of the next lowest bidder, Montesano, whose bid was $300,000.00 higher than Joken’s bid and the waiver of this minimum bid requirement would not affect the large cost difference between Joken’s and Montessano’s bids. Similarly, the failure to include the data on the equipment was not material and the omission was remedied promptly upon request to Joken. In waiving these minor irregularities, there will be no adverse affect on the other bidders, nor would it place Joken in a position of advantage over other bidders or otherwise undermine the necessary common standard of competition. It is in the best interest of the Village to waive these minor irregularities.

NOW THEREFORE, be it:

RESOLVED, that the Village Board ratifies the actions of the Village Manager with respect to Inter Contracting Corp. but reserves any and all rights which it may have with respect to this bidder.

RESOLVED, that the Village Board hereby rejects TWI’s bid.

RESOLVED, that the Village Board finds Joken’s omissions in the bidding documents immaterial and waives same and hereby awards the Transmission Main Contract VM-0708-7TM for the Project to Joken, conditioned on approval by the Director of the New York City Department of Environmental Protection.

RESOLVED, that the Village Manager is authorized to execute any document necessary to memorialize or implement the contract or otherwise further the intent of this Resolution.

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:

Resolution Awarding Contract for General Construction Contract

WHEREAS, by resolution adopted at a meeting held December 22, 2008, the Village Board issued a Negative Declaration on the Project under the New York State Environmental Quality Review Act; and

WHEREAS, the Village received three (3) bids for the General Construction Contract which ranged from a low bid of $5,404,000 to a high bid of $7,975,000; and

WHEREAS, the lowest dollar bidder, JETT Industries, Inc. (“JETT”), submitted a bid of $5,404,000; and

WHEREAS, the Village Board has reviewed the following documentation in connection with its findings:

1. Engineers Recommendations contained in the Bid Evaluation Report for Pump Station General Contract VM-0708-7G dated June 2009, and all attachments thereto.

2. June 30, 2009 Memorandum from David Turiano to Philip Zegarelli for Pump General Contract VM-0708-7G, and all attachments thereto.

3. Confidential legal memorandum regarding bidding concerns; and

WHEREAS, the Village Board makes the following findings:

1. JETT is the lowest responsible bidder. JETT has substantial experience in similar character and magnitude to this Project.

2. The written value on the bid sheet for the Contract was $5,408,000, but the total of the Lump Sum Bid, unit price items and allowance is $5,404,000.

NOW THEREFORE, be it:

RESOLVED, that the Village Board hereby awards the General Construction Contract VM-0708-7G for the Project to JETT, conditioned on (1) approval by the Director of the New York City Department of Environmental Protection and (2) written confirmation by JETT that the written value on the bid sheet for the Contract should be $5,404,000 not $5,408,000.

RESOLVED, that the Village Manager is authorized to execute any document necessary to memorialize or implement the contract or otherwise further the intent of this Resolution.

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:

Resolution Awarding Contract for Electrical Contract

WHEREAS, by resolution adopted at a meeting held December 22, 2008, the Village Board issued a Negative Declaration on the Project under the New York State Environmental Quality Review Act; and

WHEREAS, the Village received nine (9) bids for the Pump Station Electrical Contract which ranged from a low bid of $1,350,000 to a high bid of $2,099,000; and

WHEREAS, the lowest dollar bidder, Allstar Electric Corp. (“Allstar”), submitted a bid of $1,350,000, but has failed to submit required documentation from Addendum 4, including page BP-7 with respect to the permitting allowance and the “Buy American” and alternate bid sheets; and

WHEREAS, the second lowest bidder, Talt Electric (“Talt”), submitted a bid in the amount of $1,424,000.00, but omitted information with respect to the equipment to be used; and

WHEREAS, the Village Board has reviewed the following documentation in connection with its findings:

1. Engineers Recommendations contained in the Bid Evaluation Report for Pump Station Electrical Contract VM-0708-7E dated June 2009, and all attachments thereto.

2. June 30, 2009 Memorandum from David Turiano to Philip Zegarelli for Pump Station Electrical Contract VM-0708-7E, and all attachments thereto.

3. Confidential legal memorandum regarding bidding concerns; and

WHEREAS, the Village Board makes the following findings:

1. The failure of Allstar to submit the “Buy American” bid is material as the Village intends to utilize the “Buy American” requirements of the Contract.

2. Talt’s failure to include data on the equipment to be used was not material, and the omission was remedied promptly upon request to the bidder. In waiving this minor irregularity, there will be no adverse affect on the other bidders, nor will it place Talt in a position of advantage over other bidders or otherwise undermine the necessary common standard of competition. It is in the best interest of the Village to waive this minor irregularity.

NOW THEREFORE, be it:

RESOLVED, that the Village Board hereby rejects Allstar’s bid.

RESOLVED, that the Village Board finds the omissions in the Talt bidding documents immaterial and waives same and hereby awards the Pump Station Electrical Contract VM-0708-7E for the Project to Talt, conditioned on approval by the Director of the New York City Department of Environmental Protection.

RESOLVED, that the Village Manager is authorized to execute any document necessary to memorialize or implement the contract or otherwise further the intent of this Resolution.

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:

Resolution Awarding Contract for HVAC Contract

WHEREAS, by resolution adopted at a meeting held December 22, 2008, the Village Board issued a Negative Declaration on the Project under the New York State Environmental Quality Review Act; and

WHEREAS, the Village received three (3) bids for the Pump Station HVAC Contract VM-0708-7H which ranged from a low bid of $358,000 to a high bid of $728,000; and

WHEREAS, the lowest dollar bidder, Carey and Walsh submitted a bid of $358,000; and

WHEREAS, there was no dollar amount in the Carey and Walsh bid documents for the alternate bid, but instead there was a notation that stated “No bid” in place of a dollar amount and the bid sheet further indicated “All material as specified and American made”; and

WHEREAS, the Village Board has reviewed the following documentation in connection with its findings:

1. Engineers Recommendations contained in the Bid Evaluation Report for Pump Station HVAC Contract VM-0708-7H dated June 2009, and all attachments thereto.

2. June 30, 2009 Memorandum from David Turiano to Philip Zegarelli for Pump Station HVAC Contract VM-0708-7H, and all attachments thereto.

3. Confidential legal memorandum regarding bidding concerns; and

WHEREAS, the Village Board makes the following finding:

1. Carey and Walsh is the lowest responsible bidder. Carey and Walsh has substantial experience in similar character and magnitude to this Project.

2. The failure of Carey and Walsh to submit the alternate to the “Buy American” bid is not material as the Village intends to utilize the “Buy American” requirements of the Contract. In waiving this minor irregularity, there will be no adverse affect on the other bidders, nor will it place Carey and Walsh in a position of advantage over other bidders or otherwise undermine the necessary common standard of competition. It is in the best interest of the Village to waive this minor irregularity.

NOW THEREFORE, be it:

RESOLVED, that the Village Board hereby awards the Pump Station HVAC Contract VM-0708-7H for the Project to Carey and Walsh, conditioned on approval by the Director of the New York City Department of Environmental Protection.

RESOLVED, that the Village Manager is authorized to execute any document necessary to memorialize or implement the contract or otherwise further the intent of this Resolution.

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

Resolution Awarding Contract for Pump Station Plumbing Contract

WHEREAS, by resolution adopted at a meeting held December 22, 2008, the Village Board issued a Negative Declaration on the Project under the New York State Environmental Quality Review Act; and

WHEREAS, the Village received three (3) bids for the Pump Station Plumbing Contract which ranged from a low bid of $213,740 to a high bid of $328,713; and

WHEREAS, the lowest dollar bidder, L.J. Coppola submitted a bid of $213,740; and

WHEREAS, the Village Board has reviewed the following documentation in connection with its findings:

1. Engineers Recommendations contained in the Bid Evaluation Report for Pump Station Plumbing Contract VM-0708-7P dated June 2009, and all attachments thereto.

2. June 30, 2009 Memorandum from David Turiano to Philip Zegarelli for Pump Station Plumbing Contract VM-0708-7P, and all attachments thereto.

3. Confidential legal memorandum regarding bidding concerns; and

WHEREAS, the Village Board makes the following finding:

1. L.J. Coppola is the lowest responsible bidder. L.J. Coppola has substantial experience in similar character and magnitude to this Project.

NOW THEREFORE, be it:

RESOLVED, that the Village Board hereby awards the Pump Station Plumbing Contract VM-0708-7P for the Project to L.J. Coppola, conditioned on approval by the Director of the New York City Department of Environmental Protection.

RESOLVED, that the Village Manager is authorized to execute any document necessary to memorialize or implement the contract or otherwise further the intent of this Resolution.

Mr. Clay Tiffany requested he be able to look at the documents and bidders you overrode. He asked if Mayor Vescio had any dealings with any of the companies.

Mayor Vescio stated he, nor anyone in his company, had any association with any of the bidders they were awarding the bids to.

Library Board Appointment

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby makes the following appointment:

Liz Mackey as Library Board Member to fill the unexpired term of Eva Taben to expire on December 31, 2013.

Minutes

The May 20, 2009 minutes were tabled to the next meeting.

The June 4, 2009 minutes were tabled to the next meeting.

Adjournment

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to close the regular meeting at 9:30pm.

Respectfully Submitted By,

Christine Dennett

Village Clerk