Village Board of Trustees
Regular Meeting
October 3, 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 3rd of October, 2012 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Murray, Trustee
Mark Pohar, Trustee
Lori A. Sullivan, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Public Hearings
Renewal of a Special Use Permit, The Clearview School
Upon motion by Trustee Murray, seconded by Trustee Sullivan, the Board voted unanimously to open the public hearing.
There were no public comments.
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the public hearing.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Special Use Permit issued to The Clearview School is hereby renewed subject to the same conditions included in the original Special Use Permit approval dated February 28, 1980 and as amended on September 18, 2008.
BE IT FURTHER RESOLVED that the Special Use Permit renewal shall be retroactive to August 20, 2012 and shall extend to August 20, 2017.
BE IT FURTHER RESOLVED that should The Clearview School desire to renew this Special Use Permit for another five year period, commencing in 2017, the School shall be responsible for requesting the renewal at least sixty (60) days prior to the expiration of the Special Use Permit.
Amendment of a Special Use Permit, Faith Lutheran Brethren Church
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to open the public hearing.
Mr. Bill Welsh, representing the Applicant, explained the proposed amendments to the site. He stated they spoke with the direct neighbor and they did not have any objections.
The Board had general discussion regarding the amended use and asked that the Applicant clarify their proximity and necessary buffer to the nearby wetland and that the Applicant have testing criteria for the fill.
Upon motion by Trustee Murray, seconded by Trustee Sullivan, the Board voted unanimously to close the public hearing.
Village Attorney Smith stated the SEQRA review would be an uncoordinated review with the Planning Board.
The Board made modifications to the resolution.
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution as amended:
RESOLUTION
OF THE
VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES
SPECIAL USE PERMIT AMENDMENT
FAITH LUTHERAN BRETHREN CHURCH
WHEREAS, by Resolution dated October 15, 1987, the Board of Trustees of the Village of Briarcliff Manor issued a Special Use Permit for the continued operation of the Faith Lutheran Brethren Church at 480 Pleasantville Road, Briarcliff Manor, as a place of worship; and
WHEREAS, by Resolution dated January 17, 2008, the Board of Trustees renewed said Special Use Permit for a period beginning retroactively on October 17, 2001, through October 17, 2013; and
WHEREAS, by Resolution adopted January 18, 1966, the Village of Briarcliff Manor Planning Board granted Site Plan Approval for the Faith Lutheran Brethren Church; and
WHEREAS, the Applicant has applied to the Board of Trustees to amend the Special Use Permit, and to the Planning Board to amend the said Site Plan Approval, relative to the filling and re-grading of a portion of its property for use by Church members for outdoor meetings and recreation; and
WHEREAS, pursuant to Village Code Section 220-6(C), the Board of Trustees referred the application for amendment of the Special Use Permit to the Planning Board for report and recommendation; and
WHEREAS, at its meeting of September 11, 2012, the Planning Board authorized a memorandum bearing the same dated to be forwarded to the Board of Trustees by which the Planning Board reserved its determination on the Site Plan amendment, but recommended that the Board of Trustees approve the Application for Special Permit approval; and
WHEREAS, the Board of Trustees has reviewed a Short Environmental Assessment Form submitted by the Applicant and has determined that the Project is an Unlisted action in accordance with the New York State Environmental Quality Review Act (“SEQRA”).
NOW THEREFORE, BE IT RESOLVED THAT, in accordance with SEQRA, the Board of Trustees hereby determines that the proposed action will not have a significant impact upon the environment as it will not significantly alter the existing use of the Property and it will not have an adverse impact upon the character of the area, the Mayor or his designee is authorized to execute the Environmental Assessment Form to reflect the Board’s determination; and
BE IT FURTHER RESOLVED THAT the Special Use Permit for Faith Lutheran Brethren Church approved by Resolution adopted October 15, 1987, and renewed by Resolution dated January 17, 2008, is hereby amended to reflect the filling and re-grading of a portion of the property for use by Church members for outdoor meetings and recreation, subject to adoption by the Planning Board of a resolution approving the amendment of the Site Plan and all of the terms and conditions as may be set forth therein, to all of the terms and conditions of this Resolution, and to all of the terms and conditions of the original Special Use Permit Resolution and subsequent renewals thereof as same may be modified therein or by this Resolution; and
BE IT FURTHER RESOLVED THAT the violation of any term or condition of this Resolution or the Special Use Permit as renewed and amended, shall place the Special Use Permit and any associated Certificate of Occupancy in jeopardy and subject to revocation by the Village; and
BE IT FURTHER RESOLVED THAT except as otherwise provided herein, all other terms and conditions of the Special Use Permit shall remain in full force and effect.
Board of Trustees Report by Deputy Mayor Venditti
- The Library and Community Center has many upcoming programs and events. Please visit their website www.briarcliffmanorlibrary.org for more information.
- The Fall Recreation Brochure is available on the Village’s website www.briarcliffmanor.org.
- Halloween Window Painting will be in the Central Business District on October 20th. Preregistration is required by October 12th.
- The Ragamuffin Parade will be on October 27th at 9:30am.
- Please visit website for more information on Recreation Programs.
Village Managers Report by Village Manager Zegarelli
- The FWSP refinancing date is set for November 1st.
- The asbestos abatement project at the Library and Community Center will take approximately a week to complete.
- The Building Department is enforcing MS-4 Compliance and private stormwater mitigation.
- The paving project was held up due to inclement weather.
- The 2011-2012 Audit was completed and will be presented to the Board and the public in November.
- October 20th is the Fire Department’s Annual Inspection and Dinner.
Public Comments
There were no public comments.
Authorize Village Manager to Submit a Safe Routes to School Grant Application for Improvements to Pleasantville and Ingham Roads
The Board had general discussion and made amendments to the draft resolution.
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the resolution as amended.
Declaration and Authorization of the Sale of Surplus Vehicles and Equipment
Upon motion by Deputy Mayor Venditti, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees does hereby declare the Village owned vehicles and equipment listed below as surplus and further authorizes their sale pursuant to a public bid.
- 2008 Dodge Durango
- 2003 Gem LSV Electric Car
- 2001 Volvo Sanitation Truck
- 1991 Sreco Flexible Rodder
- 1994 International 4800 Dump Truck
- 2003 Yamaha Big Bear 4x4 All-Terrain Vehicle
- ODB Leaf Machine
- Stainless Sander/Spreader 1 yard
- 747 Sewer Rotator Jet
- 5 Gateway Profile 5.5 Computers without keyboards or mice
Authorize Village Manager to Enter into a Cooperative Purchase Agreement with the Town of Mount Pleasant
Upon motion by Trustee Pohar, seconded by Trustee Murray, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees does hereby authorize the Village Manager to enter into a Cooperative Purchasing Agreement with the Town of Mount Pleasant for the purpose of purchasing highway construction materials.
Authorize Village Manager to Execute an Agreement with Bilotta Construction
The Board had general discussion regarding the process of how roads were selected for repaving. They requested information on how many lineal feet would be paved.
Upon motion by Trustee Murray, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute on behalf of the Village an agreement with Bilotta Construction for bituminous road materials as per their proposal of $85.80 per ton. The estimated amount of material to be used is 2,000 to 3,000 tons totaling $171,600 to $257,400.
Authorize Village Treasurer to Execute a Project Finance Agreement with the NYS Environmental Facilities Corporation
The Board thanked Village Staff for all of their work on the Full Water Supply Project.
Trustee Sullivan stated the bulk of the work on the project occurred before she joined the Board and congratulated her fellow Board Members for getting the project done for 19 million dollars instead of the estimated 28 million dollars with almost 50% of the 19 million to be forgiven.
Upon motion by Trustee Sullivan, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
RESOLUTION
of the
BOARD OF TRUSTEES OF THE VILLAGE OF BRIARCLIFF MANOR
FULL WATER SUPPLY PROJECT
EFC PROJECT FINANCE AGREEMENT
(LEVERAGED FINANCING PROGRAM)
STATE DRINKING WATER REVOLVING FUND
PROJECT NOS. 16013 & 16013-70
Trustee Sullivan moved and Deputy Mayor Venditti seconded a motion to adopt the following resolution to ratify, approve, and confirm the terms, form, and content of general obligations of the Village of Briarcliff Manor (“Village”) to be sold and issued to the New York State Environmental Facilities Corporation (“EFC”).
WHEREAS, the Board of Trustees of the Village adopted serial bond resolutions on May~18, 2006, June~21, 2007, October~2, 2008, and February~19, 2009, authorizing in the aggregate $28,277,800 serial bonds of the Village (collectively “Bond Resolutions”) to finance the cost of the acquisition, construction, and reconstruction of improvements to the Village water system (“Projects”); and
WHEREAS, each of the Bond Resolutions contains a section stating:
Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections~21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds authorized herein and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including the renewal of such bond anticipation notes, and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village; and
WHEREAS, EFC selected the Project for financing through the Drinking Water State Revolving Fund under the New York State Environmental Facilities Corporation Act, Chapter~413 of the Laws of New York of 1996, and the American Recovery and Reinvestment Act of 2009 pursuant to the terms and conditions set forth in a certain proposed Project Finance Agreement between the Village and EFC ( “2009 Project Finance Agreement”); and
WHEREAS, by resolutions adopted on November~16, 2009, the Board of Trustees of the Village authorized execution and delivery to EFC of the 2009 Project Finance Agreement, issuance and delivery to EFC of Bond Anticipation Notes under the 2009 Project Finance Agreement (“2009 BANs”), and receipt of the financing proceeds from EFC, and thereafter the Village delivered to EFC the 2009 Project Finance Agreement, issued and delivered to EFC the BANs, and received the financing proceeds from EFC, all as consistent with and authorized by the Bond Resolutions; and
WHEREAS, the Village now proposes to issue $10,359,021 serial bonds referred to by EFC as EFC State Drinking Water Revolving Fund Bond, Series 2011C under the Bond Resolutions (“Recipient Bonds”) pursuant to the terms and conditions set forth in a certain proposed Project Finance Agreement between the Village and EFC (“2012 Project Finance Agreement”) and to use the proceeds thereof to, among other things, satisfy the Village’s obligations under the BANs as contemplated by the Bond Resolutions; and
WHEREAS, each member of the Board of Trustees of the Village has been afforded an opportunity to conduct due diligence into the proposed 2012 Project Finance Agreement, including the representations and warranties, covenants, exhibits, and other terms and conditions thereof, and the proposed issuance of the Recipient Bonds;
NOW, THEREFORE, be it resolved by the Board of Trustees of the Village of Briarcliff Manor, New York, as follows:
1. Supplementing, but not otherwise affecting the Bond Resolutions, the Board of Trustees hereby authorizes insertion of missing terms, execution, and delivery to EFC of the 2012 Project Finance Agreement, issuance, sale, and delivery to EFC of the Recipient Bonds in accordance with the 2012 Project Finance Agreement, and receipt of the financing proceeds from EFC.
2. In connection with the issuance of the Recipient Bonds, the Board of Trustees hereby ratifies, approves and confirms the powers so delegated to the Village Treasurer, as chief fiscal officer of the Village, in each of the Bond Resolutions.
3. The Mayor, Village Manager, and Village Treasurer are authorized and directed to take any action consistent with his or her powers and necessary or appropriate to implement this resolution and the Village’s performance under the 2012 Project Finance Agreement and the Recipient Bonds.
4. This resolution shall take effect immediately.
Dated: October 3, 2012
Vote: 5-0
Ayes: Mayor Vescio
Deputy Mayor Venditti
Trustee Murray
Trustee Pohar
Trustee Sullivan
Minutes
Upon motion by Deputy Mayor Venditti, seconded by Trustee Pohar, the Board voted unanimously to approve the minutes of September 19, 2012.
Adjournment
The Board reminded the public that Village Hall would be closed on Monday, October 8th but garbage pickup would occur as usual.
Upon motion by Trustee Murray, seconded by Trustee Sullivan, the Board voted unanimously to adjourn the meeting at 8:50pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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