Village Board of Trustees
Regular Meeting
March 7, 2012
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 on the 7th of March, 2012 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
Anthony N. Capasso, Trustee
Robert Mayer, Trustee
Lori A. Sullivan, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Robin Rizzo, Village Treasurer
Absent
David Venditti, Deputy Mayor
Public Hearing for the Issuance of a Special Use Permit, Urstadt Biddle Properties, Inc – Chilmark Shopping Center
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to open the public hearing.
Village Attorney Smith explained the request for the Special Use Permit. He stated the Planning Board submitted a review and recommendation of the site plans that were presented to them and their positive recommendation for the issuance of a Special Use Permit and recognized the Board of Trustees as Lead Agency regarding SEQRA.
Mr. William Null, Attorney for the Applicant, explained the application. He stated the plans met the parking requirement and would be in compliance with the requested Special Use Permit.
Mr. Charles Bradley of 103 Meadow Road stated he lived within one mile of the shopping center for over 30 years and stated he had no questions regarding the parking requirement and would hold his comments for the site plan discussion at the Planning Board meeting.
Ms. Jenny Earl of 103 Meadow Road stated she used the shopping center regularly and didn’t drive. She stated she rode her scooter to the site and was concerned about traffic and safety issues.
Ms. Emily Sack of 151 Holbrook Lane, congratulated the Village on the installation of solar panels. She urged the Board to request green and environmentally friendly development of the shopping center and it should be developed based on the Master Plan and what was in the best interest of the Village.
Mr. Null stated they would change the grade of the site in the southwest corner making it more accessible and navigable and they were careful to include a walkway system throughout the site to make it more pedestrian friendly.
The Board requested Village Counsel draft and circulate a resolution for the next meeting.
Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to adjourn the Public Hearing to Wednesday, March 21, 2012 at 7:30pm.
FY 2011-2012 Six Month Budget Presentation with 2% Tax Cap Analysis
Village Manager Zegarelli gave a presentation of the first 6 months of FY 11-12 and an analysis of how the 2% Tax Cap would affect the budget for FY 12-13.
Village Manager Zegarelli gave a presentation on the work being done at Pocantico Lake.
Village Manager Zegarelli gave a brief presentation of Admiral Worden’s history and presented a limited edition rendering of the Battle of the Monitor and the Merrimack.
Board of Trustees Announcements by Trustee Mayer
- There are several children and adult programs at the Library. Please visit their site for more information on dates and times.
- 2012 is the 110th anniversary of the Village and the 175th anniversary of the birth of Walter Law.
- The Spring Recreation Brochure will be available on the website tomorrow.
- Day Camp Registration will begin on March 19th.
- Summercliff Players has announced their summer production of “Once Upon this Island”. They will hold their organizational meeting on April 19th.
- The Egg Hunt will be on March 31st at 10am.
- Staff has said goodbye to Chris Soi from the Recreation Department. He is moving on to New Castle.
- Residents are reminded to “Spring Forward” this weekend.
Village Managers Report by Village Manager Zegarelli
- The Village Election will be on Tuesday, March 20th from 6am-9pm at the Youth Center.
- The Solar Array panels were installed at DPW and Village Hall.
- Hydrants are being flushed throughout the Village over the next few weeks.
Public Comments
There were no public comments.
Mayor Vescio gave a brief synopsis of how the Board was moving forward with the goals of the Master Plan in relation to green technology, mixed use development, affordable housing and rezoning areas of the Village.
Appropriation of Fund Balance – EFC Principal Payment
Upon motion by Trustee Capasso, 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 appropriation of fund balance as follows:
From: F0909 Fund Balance $404,089
To: F9901.910 Transfer Capital Loan EFC $404,089
And the increase of debt service
V0102 5033 Transfer in from water $404,089
V9790 625 Loan Principal EFC $404,089
Tax Certiorari – 430-450 North State Road
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
WHEREAS, Edward E. Alany and Tital Properties, instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York for 430-450 North State Road (Parcel ID 90.18-1-66); and
WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2007, 2008 and 2009; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2008-2009, 2009-2010 and 2010-2011; and
WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on December 20, 2011;
WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Years 2008-2009, 2009-2010, 2010-2011;
WHEREAS, the Village received payment in the amount of $19,780.37 for the total 2008-2009 Village taxes due on the properties based on the assessed value prior to any adjustment under the Consent Judgment;
WHEREAS, the Village received payment in the amount of $20,173.14 for the total 2009-2010 Village taxes due on the properties based on the assessed value prior to any adjustment under the Consent Judgment;
WHEREAS, the Village received payment in the amount of $20,343.23 for the total 2010-2011 Village taxes due on the properties based on the assessed value prior to any adjustment under the Consent Judgment;
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees does hereby authorize the payment of tax refunds for Fiscal Year 2008-2009, Fiscal Year 2009-2010 and Fiscal Year 2010-2011 in the amounts set forth below based upon assessment values reduced in accordance with the Consent Judgment:
BE IT FURTHER RESOLVED, that the assessment for the Fiscal Years 2008-2009, 2009-2010 and 2010-2011 and shall be adjusted in accordance with the Consent Judgment.
Assessment Year |
Address |
Original Assessed Value |
New Assessed Value |
Assessment Reduction |
Original Tax Amount |
Reduced Tax Amount |
Total Abatement |
2007 |
430-450 North State Rd |
$233,000 |
$198,000 |
$35,000 |
$19,780.37 |
$16,809.01 |
$2971.36 |
2008 |
430-450 North State Rd |
$233,000 |
$198,000 |
$35,000 |
$20,173.14 |
$17,142.84 |
$3030.30 |
2009 |
430-450 North State Rd |
$233,000 |
$169,000 |
$64,000 |
$20,343.23 |
$14,755.39 |
$5587.82 |
|
|
|
|
|
|
|
|
|
Total |
|
|
$134,000 |
|
|
$11,589.48 |
Reduce Expense Account A1964.423 for the refund of Real Property Tax.
Authorize Village Manager to Execute Change Orders – FWSP
Jett Industries
The Board had general discussion and requested amendments to the resolution.
Upon motion by Trustee Mayer, seconded by Trustee Capasso, 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 decrease of $11011.49 and a total contract cost of $5,915,900.34:
Change order Jett-CO23 in the amount of an INCREASE of $7,824.00 for modifications to the outfall structure and new weir plate design;
Change order Jett-CO24 in the amount of an INCREASE of $1,779.00 for the relocation of fencing to allow for pump monument near parking lot;
Change order Jett-CO25 in the amount of an INCREASE of $4,599.00 to furnish and install plywood facing and paint;
Change order Jett-CO26 in the amount of a DECREASE of $1,307.59 for a credit for the Village’s payment of electrical costs;
Change order Jett-CO28 in the amount of an INCREASE of $3,765.00 for chemical feedback mode programming;
Change order Jett-CO29 in the amount of an INCREASE of $12,242.87 for guiderail installation on Neperan Road;
Change order Jett-CO30 in the amount of an INCREASE of $2,017.86 for the installation of additional underdrain around the Pump Station;
Change order Jett-CO31in the amount of an INCREASE of $778.37 for piping modification for caustic soda “NaOH” transfer;
Change order Jett-CO32 in the amount of a DECREASE of $42,710.00 for modifications to the contract not performed or not required; NOW
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 Sullivan, the Board voted unanimously to approve the following resolution:
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 $11,584.75 for a total contract cost of $1,574,038.36:
Change order Talt-CO15 in the amount of an INCREASE of $1,541.47 for the wiring of two fire dampers;
Change order Talt-CO16 in the amount of an INCREASE of $1,602.35 for conduit and wiring for new temperature and pressure sensors;
Change order Talt-CO17 in the amount of an INCREASE of $3,053.07 for conduit and wiring for new backflow preventer;
Change order Talt-CO18 in the amount of an INCREASE of $1,752.38 for an additional alarm in the electrical room;
Change order Talt-CO19 in the amount of an INCREASE of $3,635.48 for additional conduit and wiring for a three phase Power to Booster pump and electric valve; 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.
Budget Amendment – Scarborough Road Restoration Project – Con Edison
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Capital budget for fiscal year 2011-2012 is hereby amended to accept monies from Consolidated Edison for a project to restore Scarborough Road as follows:
Increase Expense Budget – Paving 10-11 (H5110.201.11590) by $ 63,000
Increase Revenue Budget – Unclassified Revenue (H0101.2770) by $63,000
Award of Bid
Municipal Building Exterior Site Lighting Upgrades
Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution:
WHEREAS the Village received 4 bids for the Municipal Building Exterior Site Lighting Upgrades Project (VM-1112-5); and
WHEREAS, the Village of Briarcliff Manor Capital Fund has designated $42,365 from H.1440.201.11265 for the 2011-2012 Municipal Building Exterior Site Lighting Upgrades Project and additional monies will be drawn from H5110.201.08484; and
BE IT RESOLVED that the bid for the Municipal Building Exterior Site Lighting Upgrades (VM-1112-5) is hereby awarded to Talt Electric with their base bid proposal of $53,500 and Alternate #2 for Antique style lighting of $15,500; a 5% contingency component of $3,450 for a total project cost not to exceed $72,450.
THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Talt Electric for said project.
Sidewalk Improvements North State Road
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution as amended:
WHEREAS the Village received 4 bids for the Sidewalk Improvements North State Road Project (VM-1112-7); and
WHEREAS, the Village of Briarcliff Manor Capital Fund has designated $198,375 from H.5110.201.08484 for the 2011-2012 Sidewalk Improvements North State Road Project; and
NOW THEREFORE BE IT RESOLVED that the bid for the Sidewalk Improvements North State Road Project (VM-1112-7) is hereby awarded to Paladino Concrete Creations Corp. for their alternate bid proposal for stamped concrete of $22,740, a 5% contingency component of $1,137and other miscellaneous costs totaling $2,000 for a total project cost not to exceed $25,877.
THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Paladino Concrete Creations Corp. for said project.
Guide Rail Project – North State Road
The agenda item was tabled to the next meeting
Amend Master Fee Schedule – Recreation
Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Master Fee Schedule for the Village of Briarcliff Manor as follows:
~ |
|
~ |
PREVIOUS DATE |
PROPOSED |
BMSD |
RECREATION |
LICENSE OR PERMIT |
EXISTING |
AMENDED |
FYE 2013 FEES |
CAMP FEES |
|
|
|
|
|
25% more |
|
|
|
|
|
than VBM |
|
Adult Group Tennis Lessons |
120 |
3/2/2011 |
150 |
n/a |
|
Youth Group Tennis Lessons |
105 |
3/2/2011 |
120 |
n/a |
|
|
|
|
|
|
Summer Day Camp Programs |
Tree Camp |
|
|
|
|
|
Half Day - entire 5 weeks |
|
NEW |
510 |
640 |
|
Half Day - any 4 weeks |
|
NEW |
460 |
575 |
|
Full Day - entire 5 weeks |
|
NEW |
800 |
1000 |
|
Full Day - any 4 weeks |
|
NEW |
700 |
875 |
|
Extended Day Option – Seasonal Rate - 5 weeks |
NEW |
275 |
345 |
|
|
|
|
|
|
|
Super Camp |
|
|
|
|
|
Half Day - entire 5 weeks |
|
NEW |
510 |
640 |
|
Half Day - any 4 weeks |
|
NEW |
460 |
575 |
|
Full Day - entire 5 weeks |
|
NEW |
800 |
1000 |
|
Full Day - any 4 weeks |
|
NEW |
700 |
875 |
|
Extended Day Option – Seasonal Rate - 5 weeks |
NEW |
275 |
345 |
|
|
|
|
|
|
|
Camp Adventure |
|
|
|
|
|
Half Day - entire 5 weeks |
|
NEW |
665 |
830 |
|
Half Day - any 4 weeks |
|
NEW |
620 |
775 |
|
Full Day - entire 5 weeks |
|
NEW |
800 |
1000 |
|
Full Day - any 4 weeks |
|
NEW |
700 |
875 |
|
|
|
|
|
|
|
Camp Horizon |
|
|
|
|
|
Half Day Plus - entire 5 weeks |
|
NEW |
800 |
1000 |
|
Half Day Plus - any 4 weeks |
|
NEW |
700 |
875 |
|
|
|
|
|
|
Pool & Tennis Permit Fees |
|
|
|
|
|
|
|
|
|
|
|
School District - |
Child Tennis |
165 |
3/2/2011 |
150 |
|
Seasonal Permits |
Adult Tennis |
255 |
3/2/2011 |
205 |
|
|
Family Tennis |
620 |
3/2/2011 |
ELIMINATE |
|
|
Senior Tennis |
165 |
3/2/2011 |
150 |
|
Other Pool & Tennis Fees |
Tennis Guests - Daily |
5 |
|
10 |
|
|
Tennis 10-Guest Pass |
40 |
|
80 |
|
|
Swim Team 2/15/07 |
125 |
2/15/2007 |
140 |
|
|
3rd Child Discounted Fee |
65 |
2/15/2007 |
70 |
|
|
Learn to Swim Week |
20 |
|
50 |
|
|
School / PTA Pool Parties 3hrs |
|
NEW |
220 |
|
|
School / PTA Pool Parties 4hrs |
|
NEW |
300 |
|
Minutes
Upon motion by Trustee Capasso, seconded by Trustee Sullivan the Board voted unanimously to approve the minutes of February 1, 2012 as amended.
Adjournment
The Board thanked the Village Manager, Village Treasurer and staff for managing the Village’s finances and requested the public be educated as to what the 2% tax cap actually means.
Upon motion by Trustee Mayer, seconded by Capasso, the Board voted unanimously to adjourn the meeting at 9:10pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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