Village Board of Trustees
Regular Meeting
November 19, 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 19th of November, 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
Village Managers Report by Village Manager Zegarelli
· Potassium Iodide pills are available at Village Hall.
· Village road paving has been completed.
· The Round Hill Road Project is nearing completion and the water customers should be converted back to the regular system shortly.
· Repairs are being done at the pump station.
· Leaf pickup continues
· The second half of Village taxes are due in December by the 31st
· The Community Bonfire and Sing-a-long is on December 7th.
Public Comments
There were no public comments.
Authorize Village Manager to Execute Agreements
Transfer of Organic Waste for Refuse Disposal
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an Intermunicipal Agreement with Westchester County for transfer of organic waste for refuse disposal.
Assignment Agreement with Briarcliff Manor Investors (“BMI”)
The Board had general discussion regarding the Public Purpose Project and amended the resolution.
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 Village of Briarcliff Manor Board of Trustees does hereby authorize the Village Manager to negotiate an Assignment of Contract with Briarcliff Manor Investors, LLC (“BMI”), a Delaware limited liability company at 707 Skokie Boulevard, Suite 340, Northbrook, Illinois 60062 for the Village to take assignment of the contract for the Water-Shed Booster Pump component of the Village’s Public Purpose Infrastructure Improvement Project, which component was bid by BMI under a Pump Station Design Build Request Bid and awarded through BMI’s general contractor Andron Construction Corporation to Engineered Fluid, Inc. (EFI), as more particularly described in the purchase order of EFI dated August 2, 2012, a copy of which is annexed to the Assignment of Contract and to negotiate such
modifications and revisions to the contract and purchase order as may be in the Village’s interest.
License Agreement with Briarcliff Manor Investors (“BMI”)
Mayor Vescio asked Village Attorney Smith to explain the context and purpose of the proposed license agreement.
Village Attorney Smith briefly reviewed the Village’s Public Purpose Infrastructure Improvements Project for installation of water and sewer mains and other utility improvements through property owned by BMI. As noted at the Board of Trustees last meeting, that work was to be done by BMI, but because of the current utilities deteriorated conditions, the Village had decided to proceed with the work on its own and had noticed a public hearing to consider the eminent domain acquisition of easements and rights in BMI’s property necessary to do the work for November 24, 2014. BMI had agreed to give the Village
the necessary rights and easements voluntarily in connection with an application to amend its Special Permit, and a public hearing on BMI’s application also has been noticed for November 24, 2014, but the Village must consider BMI’s application on its own merits and has commenced the eminent domain proceeding to run parallel with consideration of BMI’s application to ensure that the Village will be able to proceed with the work regardless of whether or not the Board of Trustees amends BMI’s Special Permit. At the same time, BMI is aware of the Village’s needs and is working constructively with the Village and has offered this License Agreement to give the Village current rights which will enable it to begin work for the Public Purpose Infrastructure Improvements Project and bridge the time gap between today and the Village’s acquisition of permanent easements and rights in BMI’s property, either by BMI’s voluntary grant or by
the Village’s eminent domain acquisition.
Mayor Vescio stated the Village was working towards the same goal with BMI but couldn’t guarantee what would happen on BMI’s application, and the public hearings represented parallel courses that would have the same end result for the Village’s work.
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Village of Briarcliff Manor Board of Trustees does hereby authorize the Village Manager to execute a License Agreement with Briarcliff Manor Investors, LLC (“BMI”), a Delaware limited liability company at 707 Skokie Boulevard, Suite 340, Northbrook, Illinois 60062 to provide the Village with a temporary right of access to BMI’s property identified as Section 98.13, Block 1, Lots 13, 14,15,and19 and Section 98.09, Block 1, Lot 29 for the purpose of installing and constructing the water main facilities and sanitary sewer facilities as part of the Village Public Purpose Infrastructure Improvements Project, and
BE IT FURTHER RESOLVED, that the Village Manager is further authorized to make or accept any change to the License Agreement so long as the change is not material and adverse to the Village’s interests and is acceptable to Village Counsel and Village Engineer in form and substance.
Adoption of Fixed Asset Policy
Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that Board of Trustees does hereby adopt the following policy:
Village of Briarcliff Manor
Fixed Asset Policy
Policy Statement:
The purpose of this policy is to provide guidelines for the physical inventory and reporting controls of Village of Briarcliff Manor (VBM) assets. These assets include, but not limited to, accounting of the assets; meeting financial reporting needs; asset management records keeping; and, where appropriate, the disposal of VBM assets to maximize value for aged, obsolete and/or distressed assets no longer necessary for the operational needs of the VBM.
Policy Purpose:
The intent of this policy is to describe and formulate standard policies required for recording new and existing assets; changes in assets; methodology of record keeping; and, the disposal of assets when the VBM so determines. In addition, this policy is intended to provide a sequence of events for VBM personnel in the safeguarding, accounting for and disposing of VBM assets. New York State Law and VBM accounting standards require that the VBM accurately record and account for capital assets on a routine basis. Because each VBM Department holds and/or is responsible for the use of capital equipment or other such VBM-owned property, this policy outlines the roles and responsibilities in regards to VBM’s overall capital assets.
Responsible Party:
The Village Treasurer (and Finance Department) shall be the designated responsible party to implement and maintain the Fixed Asset Policy. The Treasurer shall report all findings to the Village Manager and coordinate with the Village Clerk in the documentation of new and disposal of obsolete or excess equipment as so determined by the Board of Trustees (BOT).
Physical Asset Reporting Threshold:
For purposes of this policy, the asset reporting threshold shall be set as the gross cost at the time of acquisition: now established as $1,500.00. However, in the case of volumes of like-types of materials, consumables and/or the storage of like physical assets under the individual $1,500.00 purchase threshold, those inventories shall be considered on an aggregate basis and reported as such. Examples of this nature are the aggregate of share fire hydrants, water and sewer pipes etc. Notwithstanding common rates of depreciation, “wear and tear” and/or useful life or obsolescence, purchase price (including consolidation of parts or equipment enhancements) shall prevail. However, such items as bulk “fire hose” and firefighter clothing are to be reported as a lump sum fiscal year expense
but inventoried as to useful life and/or obsolesce. The VBM utilizes straight-line annual depreciation on capital assets.
Physical Inventory of Equipment:
As provided for by a New York State fixed asset control reporting, department heads are to provide a listing of all reportable property by department responsibility and/or area purchased each fiscal year. The acquisition and payment thereafter shall be designated a Fixed Asset (FA) when entered into VBM’s financial software. Each department head is to provide the information to the Treasurer who will coordinate the reporting and documentation of all physical inventories. The Initial Effective Date of this policy shall be as of December 1, 2014. Thereafter on the anniversary date, a review of all physical inventories shall be made and reported to the Treasurer. All new purchases and aggregate increases in like inventories shall be recorded at the time of acquisition to ensure that all assets are verified and
recorded on the VBM’s physical inventories listing. The purpose of this physical inventory is to verify the existence and useful life of the equipment (individually by unit purchase or in the aggregate) as well as to ensure the accuracy of VBM records. Lost, stolen equipment and/or the destruction of VBM equipment by accident or otherwise shall be reported as soon as the loss is known and assessed to the Treasurer and Manager. Unreported discrepancies are to be noted when identified and the Village Manager is to coordinate with all departments to verify the nature of the loss. For purposes of this policy, the Treasurer shall utilize the current VBM accounting system module (that is, the Munis, and any successor system) to maintain all records and adjustments as currently established and standardized for all Department Heads to review. In those cases where the VBM’s Munis system may not be appropriate for inventory reporting or control,
Excel type spread sheet” documentation may be utilized with appropriate descriptive captions.
Disposal of Assets:
Upon review of the December semi-annual inventory, each department head shall determine and recommend to the Village Manager what specific assets are no longer of use for VBM operations. Those assets shall be identified and described as to its original purchase price, current operational and/or functional condition, and determination as to its non-operational need for each department. Those separate items with a purchase price of at least $25,000.00 shall have an independent, outside appraisal/evaluation completed prior to disposal determination. There may come a time or purpose that an asset has no value or redeemable use. An estimated sale value shall be provided as an indicator of revenue recovery by an independent source outside of a VBM departmental determination. The VBM Treasurer and the VBM Clerk shall coordinate all
documentation and provide a listing of all defined disposable assets to the Village Manager as soon as practicable, thereafter. The Village Manager, in keeping with New York State asset control reporting and sound accounting practices, shall provide a list to the Mayor and Board of Trustees (M/BOT) for their determination as to the need and their approval to dispose of such assets. The M/BOT shall determine the minimum bid price on all items to be disposed and, by formal resolution shall determine the asset listing that shall be disposed of. Unless otherwise provided, the M/BOT resolution shall direct the Village Manager to provide for public notice as to the sale of all identified assets. Unless otherwise determined, all assets are to be sold by sealed bid on an “as is, where is” basis. Where appropriate, minimum base prices will be established and a 10% down payment included in the bid. Public notice and the procedures for sealed
bids shall be determined according to standard New York State and municipal accounting standards. The disposal of such assets as determined by the respective department head and the Village Manager are not to be disposed of, gifted, or otherwise abandoned without a resolution by the M/BOT. All bids are to be reviewed by the Village Manager and any/all assets may be withdrawn from the scheduled sale even after publicly noticed for sale.
Disposition and Removal of Equipment:
Upon award of bids, the VBM Clerk shall notify the highest bidder of the bid award and that the equipment is to be paid for from a documented, identifiable payment source such as money order, bank check or bank wire transfer (no cash) within 3 business days. The equipment is to be removed within 5 business days after full payment is verified. If the winning bidder fails to pay in full, the VBM shall be entitled to seize the 10% down payment. The Treasurer shall determine if the next highest bidder meets the requirements of the bid process for the asset to be disposed or not. Upon payment for the bid item, the Village Clerk and Village Treasurer shall update the VBM’s inventory records and provide a summary to the Manager. The manager shall report to the M/BOT the results of all sales (or items not bid on) as
soon as practical.
Conclusion:
The VBM shall ensure that this policy’s effectiveness be monitored and executed as defined. Variances and/or amendments are to be reported to the M/BOT for their resolution and confirmation. This policy shall be renewed at the M/BOT’s annual Re-organizational Meeting as proscribed by New York State Village Law and amended as necessary or appropriate.
Fire Department Memberships
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Ryan Lewis to the Briarcliff Fire Company.
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Alex Saitta to the Briarcliff Fire Company.
Board Appointments
Upon motion by Mayor Vescio, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby makes the following appointments:
Jack Zimmerman as the Briarcliff Manor School District Member of the Recreation Advisory Committee for a term to expire at noon on the first Monday of April 2015.
Jake Emerick as the Ossining School District Member of the Recreation Advisory Committee for a term to expire at noon on the first Monday of April 2015.
The Board thanked them for volunteering.
Minutes
Upon motion by Trustee Pohar, seconded by Deputy Mayor Sullivan, the Board voted unanimously to approve the minutes of November 5, 2014.
Adjournment
Upon motion by Trustee Wilson, seconded by Deputy Mayor Sullivan, the Board voted unanimously to adjourn the regular meeting at 8:10pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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