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Board of Trustees Minutes 08/20/2009
Village Board of Trustees
Regular Meeting
August 20, 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 20th of August 2009 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
Robert Mayer, Trustee
Lori Sullivan, Trustee
Gayle Waxenberg, Trustee

Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel

Absent:
David Venditti, Deputy Mayor

Board of Trustees Announcements by Mayor Vescio
  • Community Day will be on September 12th
  • During storms Residents are advised to not approach fallen branches and wires and to not go around barricades.  
  • Residents are asked to report clogged storm basins to the DPW.
  • An RFP was sent out for the “Greening” of Scarborough Fire House.  The Board may look to do the same with other Village facilities.  
Village Manager’s Report by Village Manager Zegarelli
  • The notice to proceed was given on 8/10 for the Full Water Supply Project
  • NYSDOH stipulation calls for initiating construction by tomorrow.  We have met that and are ok.  
  • Water usage remains lower than last year.
  • The Rosecliff Tank bids were highly competitive.  There will be a quick mobilization of the project with an anticipated completion by 11/23/09.  
  • The August Manor Monthly was distributed this week.  
  • The ICMA studies are picking back up.  A study is being done for the courts as well for shared services.  
  • The painting of Mr. Law is being rehabilitated.    
  • The Emigrant Bank contractor is starting interior renovations.  
  • 333 S. Highland renovations are underway.  
  • The Club has filed for first phase of the project.  Construction will start in the fall.  
  • Several new single family dwellings have come in for permits.  
  • Sandra Galef has requested use of Law Park for news conference.  
  • The sidewalk work is complete.  
  • The Old Briarcliff Road drainage work is complete
  • The McCrum Field Drainage project is 50% completed
  • The Pleasantville Road Bumpout is being replanted
  • The Scarborough Station water main project is 50% complete and should be finished by Labor Day.  
  • The Annual Audit will be September 14-18
  • The Library and Community Center is anticipated to be fully complete in 30 days.  
  • The Back with a Splash event for Youth Center Members will be on 9/10
  • The Fall/winter brochure is being printed
  • The Village is in the final weeks of pool season.  The pool hours will be 11am to 7:30pm through Labor Day.  
  • The Board of Health inspected the pool and 2 small violations were noted.  The pool capacity sign needs to be put in view for the public and a railing is loose.  
Public Comments

Mr. Clay Tiffany of Hall Road stated his constitutional rights had been violated and asked for an apology from the Board for being banished from the meeting on August 6th.  

Village Attorney Smith stated the Board’s silence did not denote agreement.  

Mayor Vescio stated the Board did not agree with Mr. Tiffany’s statement.  

Resolution to Accept the Mayor’s Action to Restore Order and Decorum to the August 6, 2009 Board of Trustees Meeting

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 hereby ratifies and affirms the action of the Mayor in calling a particular person to order and calling for and directing the Briarcliff Manor Police Department to remove that person from the Board of Trustees meeting of August 6, 2009, as necessary to preserve and ensure order at the meeting after prior outbursts and out of order remarks by that person.

Mr. Clay Tiffany quoted the Sedition Act and James Madison.  He asked the Board to apologize for making accusations against him.  

Village Attorney Smith stated Board of Trustees meetings were not points of public debate but to carry on the Village’s business.  He further stated during the public comment period anyone can speak their mind and is unrestrained.  

Tax Abatement – 11 Tanglewood Circle

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

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 11 Tanglewood Circle; and

WHEREAS, a Stipulation of Settlement in the Small Claims Assessment Review has been issued for the property at 11Tanglewood Circle for the 2008 Town assessment year, Fiscal Year 2009-2010 Village assessment roll; and

WHEREAS, the Stipulation of Settlement reduced the tax assessment for the subject property for the Fiscal Year 2009-2010 assessment roll by $14,600.00 from $88,600.00 to $74,000.00; and

WHEREAS, the Stipulation of Settlement was received after the finalization of the Fiscal Year 2009-2010 assessment roll and the approval of the budget for Fiscal Year 2009-2010;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2009-2010 in the amount of $632.03 and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement.

Tax Certiorari

Trump National Golf Course, LLC.

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

WHEREAS, Trump National Golf Club, LLC 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 year 2008; and

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal year 2009-2010; and

WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on July 31, 2009;

WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2009-2010;

WHEREAS, the Village received payment in the amount of $77,055.30 for the first installment of 2009/2010 taxes due on the property based on the assessed value prior to any adjustment under the Consent Judgment (“First Installment Payment”);

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees does hereby authorize the payment of tax refunds and/or assessed value reductions for Fiscal Year 2009-2010 in the following amounts based upon assessment values reduced in accordance with the Consent Judgment:


Fiscal Year
Assessment Reduction
Tax Reduction
2009-2010
$971,975
$84,153.79

BE IT FURTHER RESOLVED, that the assessment for the Fiscal Year 2009-2010 shall be adjusted in accordance with the Consent Judgment.   

BE IT FURTHER RESOLVED, that the Board of Trustees does hereby authorize:

(a) Abatement of the tax bill for Fiscal Year 2009-2010 in the amount of $84,153.79 and the issuance of a new tax bill based upon the reduced assessment value in the Consent Judgment.

(b) Payment of a tax refund in the amount of $42,076.89 as that portion of the First Installment which the Village collected in excess of what the First Installment Payment should have been if the taxes had been determined based upon the reduced assessment value in the Consent Judgment.

Trump Briarcliff Manor Development LLC.

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

WHEREAS, Trump Briarcliff Manor Development, LLC 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 year 2008; and

WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal year 2009-2010; and

WHEREAS, an Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on July 31, 2009;

WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2009-2010;

WHEREAS, the Village received payment in the amount of $33,467.71 for the first installment of 2009/2010 taxes due on the property based on the assessed value prior to any adjustment under the Consent Judgment (“First Installment Payment”);

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees does hereby authorize the payment of tax refunds and/or assessed value reductions for Fiscal Year 2009-2010 in the following amounts based upon assessment values reduced in accordance with the Consent Judgment:


Fiscal Year
Assessment Reduction
Tax Reduction
2009-2010
$470,124
$40,703.43

BE IT FURTHER RESOLVED, that the assessment for the Fiscal Year 2009-2010 shall be adjusted in accordance with the Consent Judgment.   

BE IT FURTHER RESOLVED, that the Board of Trustees does hereby authorize:

(a) Abatement of the tax bill for Fiscal Year 2009-2010 in the amount of $40,703.43 and the issuance of a new tax bill based upon the reduced assessment value in the Consent Judgment.

(b) Payment of a tax refund in the amount of $20,351.58 as that portion of the First Installment which the Village collected in excess of what the First Installment Payment should have been if the taxes had been determined based upon the reduced assessment value in the Consent Judgment.

Close Inactive Capital to Debt Service

Upon motion by Trustee Waxenberg, 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 transfer of outstanding and unused funds from various Capital projects to Debt Service.

BE IT FURTHER RESOLVED that the amount to be transferred from the Capital Projects General Fund totals $4,471.20 and is reflected on a budget transfer sheet to be authorized by the Village Manager per the direction of the Board of Trustees;

BE IT FURTHER RESOLVED that the projects with zero balance as per the budget transfer sheet are hereby closed.  

Amend Master Fee Schedule – Recreation Fees

The agenda item was tabled to the next meeting.  

Fire Department Membership – O’Leary

Upon motion by Trustee Waxenberg, seconded by Trustee 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 membership of Jeanmarie O’Leary to the Briarcliff Manor Fire Company.  

Recognition of Years of Service

The agenda item was tabled to a later meeting.  

Appointment of the Board of Trustees Liaison to the School Board

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

BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor having accepted the letter of resignation from Deputy Mayor Venditti as School Board liaison that it hereby makes the following appointment:

Mayor Vescio as the Board of Trustees Liaison to the School Board for a term to expire on April 1, 2010.

Award of Bid - Rosecliff Tank Rehabilitation

Mayor Vescio requested as part of standard practice for all contractors, the Village staff check with the Labor Department for any violations.  

The Board had general discussion relating to the award of bid.  

Trustee Sullivan requested the memorandum dated August 20, 2009 be referenced in the resolution.  

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

WHEREAS, as part of the Village of Briarcliff Manor full water supply project connecting the Village’s water supply system to the New York City’s Catskill Aqueduct, the Village Board of the Village of Briarcliff Manor has authorized the rehabilitation of the Rosecliff Water Storage Tank (the “Storage Tank Rehabilitation”); and

WHEREAS, the Village Board directed the preparation of bid documents for the Rosecliff Water Storage Tank Rehabilitation Contract VM-0910-2; and

WHEREAS, the bid specifications called for a base bid and, by addendum, an alternate bid; and

WHEREAS, based on the recommendation of the Village’s Engineer, Hazen and Sawyer, in order to greatly increase the likelihood that the tank will pass local water supply regulations and to complete the work within the required contract duration, the Village Board has decided to proceed with an award based on the alternate bid;

WHEREAS, the Village received six (6) bids for the Storage Tank Rehabilitation; and

WHEREAS, the Village Board has reviewed the bids submitted and the following documentation in connection with its findings:
  • Engineers Recommendations contained in the Bid Evaluation Report for Rosecliff Water Storage Tank Rehabilitation Contract VM-0910-2, dated August 18, 2009, and all attachments thereto.
  • Report of Village Staff Award Recommendations for Rosecliff Water Storage Tank Rehabilitation Contract VM-0910-2, dated August 18 and 20, 2009, and all attachments thereto.
  • Confidential legal memorandum regarding bidding concerns; and
WHEREAS, the Village Board makes the following findings:

  • JPI Painting, Inc. submitted an alternate bid of $1,187,000 and has substantial experience in similar character and magnitude to the Storage Tank Rehabilitation and excellent references.  JPI Painting, Inc. is the lowest responsible bidder.
  • The lowest dollar bidder, RML Construction, Inc. (“RML”) submitted an alternate bid of $917,500.00, but RML does not have the requisite experience and failed to comply with the bid specifications.  RML submitted details of one project that involved the painting of two (2) water tanks, as subcontractors.   The Storage Tank is of primary importance to the public health for the storage of safe, potable water, and RML’s lack of experience on water tank painting projects, as well as its failure to comply with the bid requirements, requires rejection of this bidder.  
  • Amstar of Western New York, Inc. (“Amstar”) submitted an alternate bid of $1,216,000.  The bid addendum executed by Amstar contains a deviation from the bid specifications in the form of a notation typed in by Amstar, which, if approved by the Engineer and recommended by the manufacturer, would reduce Amstar’s alternate bid to $1,176,000.    However, if the Village were to recognize Amstar’s notation, Amstar would have an unfair advantage over the other bidders.    Amstar’s notation offers a reduction in the alternate bid price if dehumidification is not needed; however, the other bids submitted comply with the bid’s requirement for dehumidification.   If the other bidders had the benefit of reducing their alternate bid with a deduction for exclusion of dehumidification, other bids might have been less than Amstar’s bid amount.  As such, the Village cannot properly take into account this notation and must rely on Amstar’s alternate bid amount without the notation in determining the lowest responsible bidder.   As a result, Amstar is the third lowest dollar bidder.
NOW THEREFORE, BE IT RESOLVED, that the Village will utilize the alternate bid specifications for the Storage Tank Rehabilitation and therefore the award of the bid will be based on the alternate bid price.

BE IT FURTHER RESOLVED, that the Village Board rejects RML Construction, Inc.’s bid.

BE IT FURTHER RESOLVED, that the Village Board awards the Rosecliff Water Storage Tank Rehabilitation Contract VM-0910-2 to JPI Painting, Inc.

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.

Authorize Village Manager to Execute an Agreement with Dolph Rotfeld for Transmission Main Inspection

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

WHEREAS, the Mayor and Board of Trustees of the Village of Briarcliff Manor has previously approved the award of a series of contracts to complete the village’s Full Water Supply Project (FWSP) and provided for the funding of same; and

WHEREAS, the Mayor and Board of Trustees in their award of contracts, inter alia, approved the construction of approximately 19,000 feet of 16 inch pipe as the primary component of the Water Transmission Main of the FWSP; and

WHEREAS, the construction of the water transmission main requires distinct and specific inspection services during the start-up, construction, completion and testing of the proposed water main through at least 5 political jurisdictions and under provisions of numerous state and local agencies; and

WHEREAS, upon recommendation by the Village Engineer, Superintendent of Public Works and the Village Manager, contained herein,  that Dolph Rotfeld Engineering contains all the requisite professional, engineering and technical expertise to provide resident engineering services for the Village of Briarcliff Manor regarding this specific aspect of the FWSP;

NOW THEREFORE BE RESOLVED, that the Mayor and Board of Trustees does hereby authorize and direct the Village Manager to execute a contract with Dolph Rotfeld Engineering in an amount not to exceed $167,200 for a full 400 day work schedule but calculated at the hourly rates provided herein and for the actual days expended, such amounts provided for by the original financing document as amended from time to time.

Resolution to Initiate Condemnation Proceedings

Village Manager Zegarelli stated the Village was negotiating with the owner of the property to allow for an easement but in the event it wasn’t successful the condemnation proceedings would be used as the backup plan.  

Trustee Sullivan requested the resolution be amended to identify the piece of property to be condemned.  

Village Attorney Smith stated the Board wouldn’t authorize the condemnation tonight but only authorize proceeding with preliminary work to acquire a portion of the property by eminent domain if necessary.  He stated they couldn’t identify the square footage at this point.  

Trustee Sullivan requested the resolution be amended to state the Village Manager would not take any action other than acquiring a survey or engineering subject to further review by the Board of Trustees.  

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

WHEREAS, the Village Board of Trustees 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, as part of the Project, a pipeline must be installed on property owned by Enrique Catalan (“Catalan”) and which property is located at 815 Old Sleepy Hollow Road Extension, Sleepy Hollow, New York, which property is designated on the Town of Mt. Pleasant tax map as Section 111.05,  Block 1,  Lot 13 (the “Catalan Property”); and

WHEREAS, the Village has contacted Catalan and offered a written utility easement agreement and $15,000 compensation for the de minimus utility easement; and

WHEREAS, the Village has been negotiating in good faith with Catalan but has been unable to reach agreement on the fair market monetary value of the utility easement; and

WHEREAS, the Village requires the utility easement for the Project and therefore desires to pursue condemnation to obtain the utility easement.

NOW THEREFORE, BE IT RESOLVED, that the Village Board declares that the Village is considering acquisition of a portion of the Catalan Property by eminent domain, if necessary.

RESOLVED, that the Village Manager is authorized to execute any document necessary to commence, pursue and bring to completion an eminent domain proceeding, obtain an appraisal and survey for the eminent domain, and take any other action necessary and required by statute to further the intent of this Resolution, provided that any settlement will first be approved by the Village Board.

RESOLVED, that the Village Manager will not take any action other than contracting for and commencing preparation of a survey, engineering analyses, and appraisal(s) without further discussion and approval by the Village Board.

Minutes

Upon motion by Trustee Waxenberg, seconded by Trustee Mayer, with one abstention by Trustee Sullivan, the Board voted to approve the minutes of June 18, 2009.  

Upon motion by Trustee Mayer, seconded by Trustee Sullivan, with one abstention from Trustee Waxenberg the Board voted to approve the minutes of August 6, 2009.

Adjournment

The next work session is Tuesday, August 25th at 6:30pm.  

The next regular Board of Trustees meeting is Thursday, September 3rd at 7:30pm.  

Upon motion Trustee Sullivan by, seconded by Trustee Mayer, the Board voted unanimously to close the regular meeting at 9:00pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk