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Board of Trustees Minutes 06/18/2014
Village Board of Trustees
Regular Meeting
June 18, 2014
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 18th of June, 2014 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
Lori A. Sullivan, Deputy Mayor
Cesare DeRose, Jr.
Mark Pohar, Trustee
Mark L. Wilson, Trustee

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

Public Hearings for the consideration of

Amending Section 220-2 of the Zoning Ordinance of the Village of Briarcliff Manor, New York to list Senior Care Community as a Special Permit Use within Residence Districts Subject to Special Standards and Requirements; and

Amending the Third Amended and Restated Special Permit and Tree Removal Permit, Briarcliff Manor Investors LLC and Integrated Development Group LLC (The Club at Briarcliff Manor)

Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to open both public hearings.  

Mr. William Null, Attorney for the Applicant, gave a brief explanation of the proposed amendments and requested the Zoning Ordinance be adopted.  

Deputy Mayor Sullivan noted the Village Planning Board reviewed the draft legislation and request for an amendment to the Special Use Permit and recommended approval.  

Village Attorney Smith noted the drafts were referred to the Westchester County Planning Board for review and they determined it was a matter for local review.  

Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to close the public hearing for Section 220-2 of the Zoning Ordinance of the Village of Briarcliff Manor, New York to list Senior Care Community as a Special Permit Use within Residence Districts Subject to Special Standards and Requirements.  

Village Attorney Smith stated no further environmental review was necessary regarding the local law.  

Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to adjourn the public hearing for the amendment to the Third Amended and Restated Special Permit and Tree Removal Permit, Briarcliff Manor Investors LLC and Integrated Development Group LLC (The Club at Briarcliff Manor) to July 2, 1014 at 7:30pm.  

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

BE IT RESOLVED that the proposed amendments to Section 220-2 and Section 220-6J14 are within the scope of the prior review under the State Environmental Quality Review Act (SEQRA) and its adoption will not have any environmental impact different from those that were previously addressed in the SEQRA review and as a result no further environmental review is required; and

BE IT FURTHER RESOLVED that the proposed local amending Section 220-2 of the Zoning Ordinance of the Village of Briarcliff Manor, New York to list Senior Care Community as a Special Permit Use within Residence Districts Subject to Special Standards and Requirements is hereby adopted.  

Board of Trustees Announcements by Deputy Mayor Sullivan
·       The Library has had many well attended programs.  
·       The School’s Out For Summer Party will be on June 25th.    
·       Summer hours have been expanded at the Library.  Visit the website for details.  
·       All Village Fields are open except the Youth Center Field.  
·       Pool season is underway, hours are posted and permits are available for purchase.  Please visit the website for extended office hours.  
·       Permits are required to use the tennis courts.  
·       The Swimming and Diving Team season has started. Contact the Recreation Department for more information.  
·       Day camp registration is still available

Village Managers Report by Village Manager Zegarelli

·       The FY 13-14 Pre-Audit is being conducted this week.  
·       The Ribbon Cutting Ceremony for the Affordable Housing Project at 445 North State Road is June 19th.  
·       A grant was filed for Scarborough Park this past Monday.  
·       A grant was received to be used towards the Library and Community Center Construction Project.  
·       A lot of projects have been recently put out to bid.  Bidding results have been very aggressive and in the Village’s favor.  
·       Tax Bills were mailed out and collection has begun.  1st half payments are due by July 1st.  

Public Comments

There were no public comments.  

Adoption of Capital Budget FY 14-15

Village Attorney Smith noted he reviewed the project list and determined they were all a Type 2 SEQRA action.  

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

BE IT RESOLVED, that the Board of Trustees does hereby adopt the Capital Budget for Fiscal Year 2014-2015 in the amount of $1,586,100 as follows:


Village of Briarcliff Manor
2014-15 Capital Projects
Departmental
Funding w/
PPU (Years)
Budget
2%
PROJECT
~
Requested
~
Costs
Police Department:
Equipment: Monitor/Tasers
~
$      25,000
~
$      25,500
10
Total Requirements:
~
$      25,000
~
$      25,500
Fire Department:
Fire Hose
$      10,000
 $      10,200
20
Turnout Gear
$      60,000
 $      61,200
20
Ambulance
$    250,000
 $    255,000
10
Total Requirements:
~
$    320,000
~
$    326,400
Department of Public Works: (general)
Annual Paving
 $    120,000
 $    122,400
15
Firehouse Apron Repair
$      30,000
 $      30,600
15
Village Wide Drainage
$    100,000
 $    102,000
40
Elm/Pine Rd Study
$      25,000
 $      25,500
40
Street Lights- Annual Replacement yr 2 (+Club)
$    115,000
 $    117,300
10
Total Requirements:
~
$    390,000
 $    397,800
Department of Public Works: (water)
Pleasantville Rd Abandon 4" Water Line
$    125,000
 $    127,500
40
SCADA -Water Systems Priority 3
$      75,000
 $      76,500
40
Electrical Upgrades Wilderness/Lewiston
$      25,000
 $      25,500
40
Total Requirements:
~
$    225,000
~
$    229,500
Department of Public Works: (vehicles)
25 Yard Packer Truck
$    190,000
 $    193,800
15
Satellite Truck
$      70,000
 $      71,400
15
Total Requirements:
~
$    260,000
~
$    265,200
Department of Public Works: (Water Vehicles)
~
~
~
Facilities and Parks:
Traffic Signal (Year 3)
$    100,000
 $    102,000
20
Community Center Phase III
$    150,000
 $    153,000
25
Youth Center Windows
$      15,000
 $      15,300
10
Tennis Court/BB Court Improvements
~
$      70,000
~
$      71,400
15
~
$    335,000
~
$    341,700
~
~
~
~
Total-General Fund
$ 1,330,000
#
$ 1,356,600
Total-Water Fund
~
$    225,000
~
$    229,500
Total - All Projects
~
$ 1,555,000
~
$ 1,586,100

Award of Bid

Residential Street Lighting Upgrades

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

WHEREAS the Village received 5 bids for the Residential Street Lighting Upgrades Project (VM-1314-15); and

NOW, THEREFORE, BE IT RESOLVED that the bid for the Residential Street Lighting Upgrades Project (VM-1314-15) is hereby awarded to, the lowest responsible bidder, Talt Electric, with their bid proposal of $75,250 which will be charged to budget code H.5182.201.14481 in the amount of $37,574.81 and the 2014-2014 Capital Project budget code H5182.20115481in the amount of $37,675.19;   

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Talt Electric for said project.    

Traffic Signal Upgrades

Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:

WHEREAS the Village received 4 bids for the Traffic Signal Upgrades (Buckhout Road) Project (VM-1314-11); and

NOW, THEREFORE, BE IT RESOLVED that the bid for Traffic Signal Upgrades Project (VM-1314-11) is hereby awarded to Verde Electric Corp., the lowest responsible bidder, with their bid proposal of $78,850 which will be charged to budget code H.3120.201.13381 in the amount of $31,357.67 and the 2014-2015 Capital Project budget code H3120.201.14381 in the amount of $47,492.33;   

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Verde Electric Corp. for said project.    

Water Pump Station and Comfort Station – Electrical

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

WHEREAS the Village received 5 qualified bids for the Water Pump Station and Comfort Station, Electrical Project (VM-1314-4); and

NOW, THEREFORE, BE IT RESOLVED that the bid for Water Pump Station and Comfort Station, Electrical Project (VM-1314-4) is hereby awarded to F.A. Burchetta Co., Inc., the lowest responsible bidder, with their bid proposal of $360,820 which will be charged to budget code H.8397.201.PPVM4l; and alternate #1 for $75,825 to F.A. Burchetta Co., Inc., for parking lot lights at the Club Field which will be charged to budget code 2014-2015 H5182.201.15481 for a total project cost of $436,645;    

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with F.A. Burchetta Co., Inc. for said project.

Cement Lining – Round Hill Road

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

WHEREAS the Village received 2 bids for the Cement Lining, Round Hill Road Project (VM-1314-8); and

NOW, THEREFORE, BE IT RESOLVED that the bid for Cement Lining, Round Hill Road Project (VM-1314-8) is hereby awarded to J. Fletcher Creamer & Son, the lowest responsible bidder, with their bid proposal of $1,465,150 which will be charged to budget code H.8397.201.14570 in the amount of $1,461,150; and the 2014-2015 Capital Project budget code H.8391.201.15570 in the amount of $57,100;

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with J. Fletcher Creamer & Son for said project.    

Direct Village Counsel to File Litigation

Mayor Vescio and Village Manager Zegarelli recused themselves from the agenda item.  

Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that Village Counsel is hereby directed to take all requisite actions to commence and maintain judicial proceedings in New York State Supreme Court, against the owners/operators of the Trump National Golf Club – Westchester, located in the Village of Briarcliff Manor, for damage to Village property and associated costs incurred in connection with a flooding incident on June 23, 2011; and

BE IT FURTHER RESOLVED, that Village Counsel is authorized to serve the proposed complaint substantially in the form received; and

BE IT FURTHER RESOLVED that Village Engineer David J. Turiano is hereby authorized to the verify the said complaint; and

BE IT FURTHER RESOLVED that in light of the recusal of the Mayor and Village Manager in this matter, the Deputy Mayor is hereby vested with the authority of Mayor with regard to this matter, and the Village Treasurer and Village Clerk are vested with the authority of the Village Manager’s office with respect to this matter for as long as they are each so recused.

Authorize Village Treasurer to Make Salary Adjustments for Non-Union Personnel

Mayor Vescio and Village Manager Zegarelli rejoined the meeting.  

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

BE IT RESOLVED that the Board of Trustees hereby authorizes and directs the Village Treasurer to implement a 2.25% salary increase for non-union administrative staff with the exception of the Village Manager and Library Staff in accordance with the approved Fiscal Year 2014-2015 Budget effective June 1, 2014.  

Authorize Village Manager to Execute an Easement Agreement – Briarcliff Manor Investors (BMI)

The Board requested a licensed surveyor certify the meets and bounds listed in the agreement.  

Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution subject to a licensed surveyor certifying the meets and bounds:
BE IT RESOLVED, that the Village of Briarcliff Manor Board of Trustees does hereby authorize the Village Manager to execute a Water Main and Sanitary Sewer Easement Agreement with Briarcliff Manor Investors, LLC (“BMI”), a Delaware limited liability company at 707 Skokie Boulevard, Suite 340, Northbrook, Illinois 60062 for a perpetual easement for the purpose of maintaining, reconstructing, repairing or replacing said water main facilities sanitary sewer facilities, both with the right to enter upon the easement area for said purposes, subject to the terms and conditions listed in the agreement and make any non-material changes.  
Minutes

Upon motion by Trustee Wilson, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the minutes of May 21, 2014 as amended.  

Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to approve the minutes of June 4, 2014.  

Adjournment

A Work Session is scheduled for June 24, 2014 at 6:45pm.  


Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to adjourn the regular meeting at 8:50pm.  


Respectfully Submitted By,

Christine Dennett
Village Clerk