Village Board of Trustees
Regular Meeting
January 5, 2011
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 5th of January 2011 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Anthony Capasso, Trustee
Robert Mayer, Trustee
Lori A. Sullivan, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Board of Trustees Announcements by Mayor Vescio
- The altitude meter has arrived and will be installed tomorrow.
- The new lights have been installed at Scarborough Station.
- There have been water main breaks due to the cold weather. If a leak is seen, residents are asked to report them.
- The holiday decorations will be taken down shortly.
- Library hours have changed to accommodate students taking mid-term exams. The hours are posted on the website.
Village Managers Report by Village Manager Zegarelli
- Work continues on the FWSP Pump Station.
- 2011 Scarborough Station parking permits have met 86% of the budget. They were at 82% at the same time last year.
- The CSEA has filed several grievances.
- DPW did a great job with snow removal in the most recent storm.
- At the close of business today, 96% of Village Tax has been collected. The 5% penalty is state mandated and cannot be waived.
Mayor Vescio stated the current water rates were effective June 1, 2009 and it was very critical that excessive water was not used because it triggers an increase from the City. He stated last year $55,000 was paid in excess use and over $230,000 has been spent this year so far. He stated Villager’s needed to be more conservative with their water use because the City raised their rates again.
Public Comments
None
Acceptance of Donation from Friends of the Library for Shelving
The Board thanked the Friends of the Library for their donation.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $13,897.45 from the Friends of the Library for the purposes of purchasing shelving for the second floor of the Briarcliff Manor Public Library.
Election Resolution for Annual Village Election 2011
The Board had general discussion regarding the election process, which seats were up for election and which machines would be used.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the annual Village Election will be held in the Village of Briarcliff Manor at the Youth Center (5 Van Lu Van Road) in said Village on Tuesday, March 15, 2011 between the hours of 6:00am and 9:00pm during which the polls will be open.
BE IT FURTHER RESOLVED that the polling places for the Village of Briarcliff Manor, will be designated as follows, the Village’s Single Election District (Town Voting districts #15, #16, #17, #19, #26, #27 and #29) will vote in the Briarcliff Manor Youth Center located at 5 Van Lu Van Road.
Authorize Village Manager to Execute a Change Order – Sanitary Sewer Cleaning, Lining and Manhole Rehabilitation Project
The Board requested minor changes to the resolution.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution as amended:
WHEREAS, the Village of Briarcliff Manor entered into an Agreement with Green Mountain Pipeline Services on January 11, 2010 to perform work now known as “Phase 2 – Sanitary Sewer Cleaning, Lining and Manhole Rehabilitation Contract #VM 0910-4”; and
WHEREAS, this project is funded, in part, by an Appropriations Act Grant from the United States Environmental Protection Agency; the remaining financial obligation being that of the Village of Briarcliff Manor; and
WHEREAS, the project engineer Professional Consulting LLC (“PCI”) together with the Village Manager and Superintendent of the Department of Public Works recommended certain changes to the items and quantities in the contract as further described in the October 26, 2010 letter from Village Engineer David J. Turiano; and
WHEREAS, these changes are reflected in PCI-CO1 with a date of issuance of November 10, 2010 indicating a reallocation of available contract funds to facilitate additional sanitary sewer relining for the benefit of the residents of the Village of Briarcliff Manor at no additional cost and in keeping with the parameters and purposes of the grant award incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED that the Village Board hereby formally approves PCI-CO1 and authorizes Village Manager Philip E. Zegarelli to execute all necessary documentation to facilitate the proposed work at no additional cost in the contract as further described.
Repurposing of Bond Resolution Funds – DPW Garage
Village Attorney Smith stated it was the appropriate use of the funds as long as the expected useful life was equal or greater.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution and schedule:
Ayes Trustee Sullivan
Trustee Mayer
Deputy Mayor Venditti
Trustee Capasso
Mayor Vescio
WHEREAS, the Village issued $127,500 principal amount general obligations on January 23, 2009, as renewed on September 10, 2009 and September 9, 2010 and which matures on September 9, 2011 (the “Note”) to finance the cost of the construction of a Village DPW garage pursuant to a $351,900 aggregate principal amount serial bond resolution adopted by the Board of Trustees on June 21, 2007 (the “Project”); and
~~~~~~~ ~WHEREAS, $42,150 of the proceeds of the Note were spent on various plans and studies in connection with the Project; and
WHEREAS, the Village Board of Trustees has determined from such plans and studies that it is not feasible to construct the Project at this time; and
WHEREAS, $85,350 of the proceeds of the Note issued by the Village remain unspent (the "2007 Unspent Proceeds"); and~~
~~~~~ ~~ WHEREAS, the Village Board of Trustees has directed that a portion of the 2007 Unspent Proceeds be applied to projects included in the~adopted capital budget for Fiscal Year 2010 and a portion of the 2007 Unspent Proceeds be applied to the payment of the acquisition, construction and reconstruction of improvements to the Village Municipal Building;~~~~
~~~~ ~~~~ NOW, THEREFORE, be it resolved by the Board of Trustees of the Village of Briarcliff, New York, anything in the Code of the Village to the contrary notwithstanding, as follows:
~~~~~~~ 1. ~~~~ RESOLVED, ~that pursuant to~section 165.00(a) of the Local Finance Law and section 11 of the General Municipal Law, a portion of the proceeds originally in the amount of $127,500 constituting obligations of the Village issued pursuant to a $351,900 aggregate principal amount serial bond resolution adopted by the Board of Trustees on June 21, 2007, now unspent and not needed for the object or purpose (the construction of a Village DPW garage), hereby shall~be (A) (i)~deposited in a single special account~of the Village in a bank or trust company located and authorized to do business in New York, (ii) not~at any time~commingled with other funds of the Village, and (iii) expended and applied to the cost of the acquisition, construction and reconstruction of improvements to the Village Municipal
Building, such class of objects or purposes having a period of probable usefulness of twenty-five (25) years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law (such buildings being of Class “A” construction as that term is defined in the Local Finance Law), or (B) applied to debt service payable~on serial bonds of the Village maturing in 2011 and 2012. ~ In connection with the issuance of said obligations, the Board of Trustees hereby ratifies, approves and confirms the powers delegated to the Village Treasurer, as chief fiscal officer of the Village, contained in said bond resolution.
~~~~~~~ 2.~~~~~ FURTHER RESOLVED, that prior to the expenditure of said unspent proceeds; the Board of Trustees shall conduct applicable environmental compliance proceedings under the NYS Environmental Quality Review Act with respect to the environmental and climate change impact of said similar object or purpose.
~~~~~~~~3.~~~~~ FURTHER RESOLVED, that the forgoing provisions of this resolution amend and supersede the provisions of~ any similar resolution adopted by the Board of Trustees to appropriate unspent proceeds of general obligations of the Village to permitted objects or purposes in the capital budget for Fiscal Year 2010.
Special Use Permit Amendment Referral – Trump National Golf Club – Golf Shop/Cottage
Mr. John Sullivan, representing the Applicant, explained the proposed new building and the proposed interior work in the existing building.
Mayor Vescio explained the general Special Use Permit process.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the request to amend a Special Use Permit for Trump National Golf Club, which provides for a modification to the site plan, is hereby directed to the Village Planning Board for review and recommendation as they see fit.
Authorize Village Manager to Execute Agreements:
Northeast and East Briarcliff Fire Protection Agreement
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 Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Briarcliff East Fire Protection District to expire on December 31, 2010 and December 31, 2011 with rates as set forth in the letter dated October 28, 2010 and subject to final review by Counsel.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Northeast Briarcliff Fire Protection District to expire on December 31, 2010 and December 31, 2011 with rates as set forth in the letter dated October 28, 2010 and subject to final review by Counsel.
T-Mobile Northeast LLC, Wireless Lease Agreement
The Board had general discussion regarding the proposed location of the monopole, the height and approvals needed from other Boards.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution as amended:
BE IT RESOLVED that the Village Board of the Village of Briarcliff Manor authorizes the execution of the Wireless Communication Site Lease Agreement between the Village of Briarcliff Manor and T-Mobile Northeast LLC, subject to any non-material changes agreed to by the Village Manager, in form acceptable to Village Counsel and all applicable Planning Board, Zoning Board of Appeals and environmental reviews, requirements and approvals.
Minutes
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, with one abstention from Deputy Mayor Venditti, the Board voted to approve the minutes of December 15, 2010 as amended.
Adjournment
The next regularly scheduled Board of Trustees meeting will be on Thursday, January 20th at 7:30pm.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the regular meeting at 8:35pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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