Village Board of Trustees
Regular Meeting
October 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 October 2011 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
Anthony N. Capasso, Trustee
Robert Mayer, Trustee
David Venditti, Deputy Mayor
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Absent
Lori A. Sullivan, Trustee
Public Hearing to review and renew a Special Use Permit – All Saints’ Church
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
Mr. JC Mazzola, Attorney representing the Church, explained the proposed application and gave a brief history of the church and nursery school.
The Board had general discussion regarding the renewal process and if there were changes in the church or nursery school operations since the last permit.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to close the public hearing.
Upon motion by Trustee Capasso, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution as amended:
BE IT RESOLVED that the Special Use Permit issued to the All Saints’ Episcopal Church to operate a nursery school facility is hereby renewed subject to the same conditions included in the original Special Use Permit approval dated August 4, 1994 with renewals thereafter through August 3, 2009.
BE IT FURTHER RESOLVED that the Special Use Permit renewal shall be retroactive to August 4, 2009 and shall extend until August 3, 2014.
BE IT FURTHER RESOLVED that should the All Saints’ Episcopal Church desire to renew this Special Use Permit for another five-year period, commencing in 2014, the Church shall be responsible for requesting the renewal at least sixty (60) days prior to the expiration of the Special Use Permit.
Board of Trustees Announcements by Trustee Mayer
- Kindle ereaders are now able to download ebooks through the Library.
- The Library has a variety of programming for the fall for all ages.
- The Board offered Halloween safety tips
- Halloween Window Painting will be on Saturday, October 22nd. Please contact the Recreation Department to register.
- The Ragamuffin Parade will be on Saturday, October 29th beginning at 9:30am.
Village Managers Report
- The Village met with FEMA and CEMO regarding storm damage from Hurricane Irene. The Village should be eligible for a sizable amount to repair North State Road and the 1888 Transmission Main.
- The Con Edison Gas Main Replacement Project on Scarborough Road is in its final phase. The road will be closed to traffic from 9am-5pm for 4-5 days to accelerate the construction.
- The Full Water Supply Project is winding down and punch list items are being taken of.
- Bids were received for the Photovoltaic Solar Array project and the numbers came in below budget.
Public Comments
None
Reschedule Public Hearing
Amend Chapter 220-3 (B) Zoning Map
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the October 19, 2011 Board of Trustees meeting to hear and discuss a Local Law to amend Section 220-3.B of the Zoning Ordinance of the Village of Briarcliff Manor, New York relative to the adoption of a new Zoning Map in digitized form, which will result in the correction of Zoning District Boundaries relative to the following tax parcels in the Village of Briarcliff Manor:
1. 90.19-1-3
2. 90.19-1-5
3. 97.12-1-17
4. 97.15-4-8
5. 104.08-1-16
6. 98.10-2-48
7. 98.10-1-58
8. 98.10-1-12
9. 98.15-2-33
10. 98.15-2-14
11. 98.15-2-15
12. 98.15-2-16
13. 98.15-2-17
14. 98.15-2-18
15. 98.15-2-19
16. 98.15-2-20
17. 98.15-2-21
18. 98.15-2-22
19. 98.19-1-62
20. 98.19-1-57
21. 98.19-1-58
22. 104.08-1-23
23. 104.11-1-47
BE IT RESOLVED FURTHER that the proposed local law to amend Section 220-3.B of the Zoning Ordinance of the Village of Briarcliff Manor, New York relative to the adoption of a new Zoning Map in digitized form is hereby directed to the Village Planning Board and to the Westchester County Planning Board for review and recommendation and to the Town of Ossining, Town of Mount Pleasant, and Village of Ossining for review and comment as they see fit.
Amend Chapter 220, Zoning to amend Section 220-6(C) and Section 220-6(F) and add a new Section 220-6(J) (15) for shared residence Special Use Permits
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the November 2, 2011 Board of Trustees meeting to hear and discuss a proposed local law to amend Chapter 220, Zoning, of the Code of the Village of Briarcliff Manor to amend Section 220-6(C) and Section 220-6(F) and add a new Section 220-6(J)(15) for shared residence Special Use Permits.
Award of Bid
Photovoltaic Solar Array Panels – DPW Building
Upon motion by Trustee Capasso, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution as amended:
WHEREAS the Village received 6 combined bids for the Photovoltaic Solar Array Installation Project (VM-1011-7); and
WHEREAS, the Village of Briarcliff Manor is the recipient of a NYSERDA Grant in the amount of $248,211 for the Photovoltaic Solar Array Installation Project and has aggressively sought out similar solar projects throughout the Village and is leading in the effort to contain costs by joining with The Village of Pleasantville on a joint basis; NOW
BE IT RESOLVED that the bid for the Photovoltaic Solar Array Installation Project (VM-1011-7) is hereby awarded to Solar Liberty Energy Systems as per their bid proposal of $173,250 with a 5% contingency of $8,662.50, and miscellaneous costs including engineering design and inspection costs of $5,000.00 and ARRA reporting cost of $5,000.00 for total project cost of $191,912.50; and.
BE IT FURTHER RESOLVED that due to favorable bid results and the ability to extend this project at the DPW site, it shall be the intention of the VBM to add an additional series of solar arrays to the DPW roof to enhance the project and utilize to the fullest extent this NYSERDA grant for the benefit of the Village; and
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Solar Liberty Energy Systems for said project.
Central Drive Water Main Replacement
The Board had general discussion regarding legal fees, insurance recovery and funding for the project.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution as amended:
WHEREAS the Village received 6 combined bids for the Central Drive Water Main Replacement Project (VM-1112-3); and
WHEREAS, the Village of Briarcliff Manor has placed a future borrowing on the
2011-12 Capital Project list in the amount of $165,000.00 to bridge finance this water line replacement; and
WHEREAS the Village of Briarcliff Manor anticipates reimbursement of all costs from insurance proceeds in this matter; NOW,
BE IT RESOLVED that the bid for the Central Drive Water Main Replacement Project (VM-1112-3) is hereby awarded to Bilotta Construction Corp. with their bid proposal of $146,832; a 5% contingency component of $7,341.60; and a series of miscellaneous costs including engineering inspection fees of $3,000.00 and as builts/GPS ready expenses of $2,500.00 for a total project cost not to exceed $159,673.60, net of borrowing costs, if necessary.
THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Bilotta Construction Corp. for said project.
Award of Change Orders
Jett
Upon motion by Trustee Capasso, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution as amended:
BE IT RESOLVED that the Board of Trustees hereby approves the following change orders as recommended by the Village Manager for a net project increase of $47,027.23:
Change order Jett-CO7 in the amount of an INCREASE of $902.00 for 3 phase electrical revisions to vacuum priming system at “375” Meter Building;
Change order Jett-CO8 in the amount of an INCREASE of $3,390.00 for the painting modification in the Orthophosphate secondary containment room as a corrosion inhibitor at the Pump Station, due to H & S specification changes;
Change order Jett-CO9 in the amount of an INCREASE of $14,231.00 for the rerouting of a previously 8” fire pipe located street side at Executive Blvd. to enable 30” new main to be connected;
Change order Jett-CO10 in the amount of an INCREASE of $2,354.00 for green vinyl chain link fence, now black, in lieu of metallic coating, at the Pump Station.
Change order Jett-CO11 in the amount of a DECREASE of ($13,255) for the deletion of 6 magnetic level gauges no longer necessary at the Pump Station;
Change order Jett-CO12 in the amount of a DECREASE of $(3,586.00) for the deletion of a swing check valve downstream of bladder surge tank is no longer necessary and could be counterproductive, located at the Pump Station;
Change order Jett-CO13 in the amount of a DECREASE of $(2,550.00) for the deletion of the bronze plaque which was to be provided by JETT but executed by the VM separately;
Change order Jett-CO14 in the amount of an INCREASE of $3,019.00 for the design omission of a level transmitter (LIT-09001), located at the Pump Station, not included in specifications;
Change order Jett-CO15 in the amount of an INCREASE of $1,624.60 for the
addition of the virtual private network (VPN) to enhance the monitoring of the Pump Station operations by connecting to the SCADA system;
Change order Jett-CO16 in the amount of an INCREASE of $1,747.00 for the metering building rebar rework to accommodate the 24” water main at 375 Executive Blvd.
Change order Jett-CO17 in the amount of a DECREASE of ($1,063.00) for the
switching of NEMA 4X to NEMA 4, due to the need for re-engineering design work, (did not fit) on the CMU wall at the Pump Station;
Change order Jett-CO18 in the amount of a INCREASE of $16,697.47 for the repair of VTT’s overflow line and 30” pipe repair at Neperan Road, due to a location error (and not shown of drawings) thereafter identified on site;
Change order Jett-CO19 in the amount of an INCREASE of $768.00 for the stainless steel pipe work (ball valves for clean outs) for Venturi meter at the 375 Meter Building, dictated by the NYCDEP;
Change order Jett-CO20 in the amount of a DECREASE of ($8,404.84) for the chemicals purchased for the Pump Station. VBM paid for the chemicals, a contractual requirement of JETT;
Change order Jett-CO21 in the amount of an INCREASE of $13,217.00 for the upgrade to the chart recorder for the Venturi meter, at the 375 Meter Building, dictated by the NYCDEP;
Change order Jett-CO22 in the amount of an INCREASE of $17,936.00 for the rerouting of the storm water line on Neperan Road due to the location error by H&S and thereafter identified on site;
BE IT FURTHER RESOLVED, the net differences in increases offset by decreases for these change orders (CO 07 – CO 22) is $47,027.23;
NOW THEREFORE BE IT FURTHER RESOLVED, the funds will be drawn from contingency in account H8397.201.10PGC for change order approval from the New York State Environmental Facilities Corporation for the Full Water Supply Project and that the VM is hereby authorized and directed to pay Jett Industries the amount so approved.
Talt
Upon motion by Trustee Capasso, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution as amended:
BE IT RESOLVED that the Board of Trustees hereby approves the following change orders as recommended by the Village Manager for a net project INCREASE of $56,437.88:
Change order Talt-CO8 in the amount of an INCREASE of $16,897.02 for primary service provided from the Tarrytown transformer to the new FWSP Pump Station transformer since no contractual allowance was provided in the bid specifications;
Change order Talt-CO9 in the amount of an INCREASE of $10,568.30 for conduit and wiring to each pump (3) to feed junction boxes to the I/O panel to be used for RTD’s;
Change order Talt-CO10 in the amount of an INCREASE of $1,629.25 for conduit and wiring switches to the new sampling pump, at the Pump Station, not included in the contract drawings;
Change order Talt-CO11 in the amount of an INCREASE of $3,695.76 for conduit and wiring to vacuum dozers to I/O panel for 2 units, at the Pump Station, not included in contract drawings;
Change order Talt-CO12 in the amount of an INCREASE of $6,072.00 to provide conduit and wiring for three pump protectors to each of the nearest I/O Panels, at the Pump Station, not included in the contract drawings;
Change order Talt-CO13 in the amount of an INCREASE of $11,054.56 to furnish and install new bucket circuit breakers due to Buy American requirements, the HV units require enhanced Motor Control Center breakers not included in the contract drawings, at the Pump Station;
Change order Talt-CO14 in the amount of an INCREASE of $6,520.99 for the relocation of Panel PP-2 at the Pump Station. Contract drawings caused obstructions to area of required clearance and need to be relocated; NOW.
BE IT FURTHER RESOLVED, the funds will be drawn from contingency in account H8397.201.10PEL for change order approval from the New York State Environmental Facilities Corporation for the Full Water Supply Project and that the VM is hereby authorized and directed to pay Talt Electrical the amount so approved.
Carey & Walsh
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution as amended:
The Board commended Village staff for monitoring and management the Full Water Supply Project.
BE IT RESOLVED that the Board of Trustees hereby approves the following change orders as recommended by the Village Manager for a net project DECREASE of ($3,726.83):
Change order Carey & Walsh-CO2 in the amount of a DECREASE of ($2,701.91) for the elimination of 9 smoke detectors in Pump Room as Exhaust Fans in the pump room have smoke detectors previously provided for in the contract specifications, at the Pump Station.
Change order Carey & Walsh-CO3 in the amount of a DECREASE of ($5,281.64) for the elimination of Duct Heaters in HV-1 and HV-2 which were previously included in the contract specifications and are now redundant, at the Pump Station.
Change order Carey & Walsh-CO4 in the amount of an INCREASE of $4,256.72 for the installation of duct insulation for AH-1, not provided for in the contract specifications, at the Pump Station.
BE IT FURTHER RESOLVED, the funds will be drawn from contingency in account H8397.201.10PHV for change order approval from the New York State Environmental Facilities Corporation for the Full Supply Project.
Authorize Approval of Capital Budget FY 2011-2012
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution and annex the Capital Budget for FY 2011-2012:
BE IT RESOLVED, that the Board of Trustees does hereby adopt the Capital Budget for Fiscal Year 2011-2012 as follows: ATTACHED
Minutes
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, with one abstention from Trustee Capasso, the Board voted to approve the minutes of the September 7, 2011 Regular Meeting.
Adjournment
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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