Mayor & Board of Trustees

AGENDA DECEMB 20.2017 BOARD OF TRUSTEES Þ:- VILLAGE OF BRIARCLIFF MANOR, NEW YORK REGULAR MEETING - 8:00 PM Pledge of Allegiance Board of Trustees Announcements Village Managers Report Public Comments 1. Authorize Village Manager to Execute an lntermunicipal Agreement Between the Villages of Briarcliff Manor, Sleepy Hollow and Tarrytown for Water Supply and Transmission Services Consolidation 2. Budget Amendment - Valet Services 3. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING - WEDNESDAY, JANUARY 3,2018  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 20, 2017 1 AUTHOR¡ZE VILLAGE MANAGER TO EXECUTE AN INTERMUNICIPAL AGREEMENT BETWEEN THE VILLAGES OF BRIARGLIFF MANOR, SLEEPY HOLLOW AND TARRYTOWN FOR WATER SUPPLY AND TRANSMISSION SERVICES CONSOLIDATION WHEREAS, by resolution adopted July 2Q, 2016, the Village Board (BOT) resolved to support and authorize the application to the New York State Department of State ("NYSDOS") by the Village of Briarclitf Manor (VBM) , on its behalf and as lead agent on behalf of the Villages of Sleepy Hollow (VSH) and Tarrytown (WT), for a $602,889 Local Government Efficiency lmplementation Grant in order to implement the design and construction of a consolidated water supply and transmission services to serve the three said Villages (the "Project"); and WHEREAS, such grant was awarded on or about December 2016, and the VBM now must enter into a Grant Contract with NYSDOS relative to same; and WHEREAS, in furtherance of the Project, the Village has issued a request for proposals for the design of the Project, and having received three (3) responses, has determined to award the Project's Design Contract to Woodard & Curran (W&C) pursuant to their proposal dated May 25,2017; and WHEREAS, as the Project will be a joint effort of VBM, VSH and WT and VBM must now must enter into an lntermunicipalAgreement for the Project with VSH and WT providing among other things, for the equal shared costs and expenses of the Project; and NOW THEREFORE, BE lT RESOLVED, that the BOT hereby accepts the Grant for the Project from the NYSDOS and authorizes execution of the Grant Contract by the Village Manager (VM), subject to the execution of the lntermunicipal Agreement by all three Villages and final review by Village Counsel (VC); and BE lT FURTHER RESOLVED, that the BOT hereby awards the Design Contract for the Project to W&C based upon their proposal of May 25, 2017, and authorizes execution of an agreement with W&C by the VM, subject to the execution of the lntermunicipal Agreement by all three Villages and final review by VC; and BE lT FURTHER RESOLVED, that the VM is hereby authorized to execute an lntermunicipal Agreement with the VBM and VTT relative to the Project in substantially the form and substance heretofore and subject to non-material change that the VM and VC shall both agree as presented to the BOT. BE lT FURTHER RESOLVED, that this Resolution shall take effect immediately  INTERMUNICIPAL AGREEMENT BET\ilEEN THE VILLAGES OF BRIARCLIFF MANOR, SLEEPY HOLLOW AND TARRYTO\ryN *ATER SUPPLY AND TRANSM'åSå* SERVICES C'NS'LIDATI.N THIS AGREEMENT made as of this _ day of December,2017, by and between the Village of Briarcliff Manor, a municipal corporation of the State of New York, having its offices at 1111 Pleasantville Road, Briarcliff Manor, Neú York 10510 ("Briarcliff Manor"), the Village of Sleepy Hollow, a municipal corporation of the State of New York, among themselves or their reSpective functions, powers and duties on a cooperati provisions of services; and sto are concerrred about escalating government costs táx and fees burden to their respective property owners and residents; and WHEREAS, the parties utilize and share the same connection to the Catskill Aqueduct, and it is believed that costs can be saved and service improved by consolidating water supply and transmission service; and WHEREAS, with financial support from the New York State Department of State {00829373.docx.} 1 ("NYSDOS"), the feasibility of such consolidation was studied and the "sleepy Hollow, Tarrytown and Briarcliff Manor Water Supply, Pumping and Storage Consolidation" report of May 24, 2016, was issued which concluded that such a consolidation would result in significant savings, associated benefits and economies of scale it was governed by an entity with representation from each Village; and WHEREAS, the Local Government Efficiency offered by the NYSDOS, which is accessed via the 2016 Ncw York State Funding Application, was identified as a funding source consol grant program requires a match of at least l0% of the total and WHEREAS, the maximum under Govemment Efficiency Grant Program is $602,889, and the cost of the consolidation (the "Project") has at between million and $2.5 million; WHEREAS; estimated in cost avoidance of more than $7 million, and agreed to be lead applicant and lead agent ofthe grant with and Tarrytown as co-applicants, whereupon the parties entered into a sharing" agreement dated as of June 15, 2016, relative to the grant development; and WHEREAS, Briarcliff Manor by resolution adopted July 20,2016, Sleepy Hollow by resolution adopted July 12,2016, and Tarrytown by resolution adopted July 18, 2016, each authorized the Grant application by Briarcliff as lead applicant and lead agent to the {00829373.docx.} 2 NYSDOS for a $602,889.00 Local Government Efficiency Implementation Grant (the "Grant"); and WHEREAS, on or about July 28,2016, Briarcliff Manor completed and submitted the application for the Grant, and in or about December 2016, the NYSDOS awarded the Grant for the Project in a total amount of $602,879 to Briarcliff on behalf of the three villages in equal shares; and TWHEREAS, the NYSDOS issued to Briarcfiff Manor a State York Master Contract for Grants, Contract Number C1000 Term 1,2016, to March 31,2020 in the amount of $602,8 that Briarcliff Manor provide certain matching funds as set (the and WHEREAS, by resolution dated t7 Board of Trustees of the Village of Briarcliff the on Grant Contract on behalf of Briarcliff Manor the ofthis lgyeement by the parties; and Curran's proposal dated }lday 25,2017; and WHEREAS, by resolution of its Board of Trustees adopted on 2017, Briarcliff Manor authorized the execution of a consulting agreement for design services with {00829373.docx.} J Woodard & Curran (the "Design Contract") subject to the execution of this Agreement by the parties; and WHEREAS, the parties to this Agreement desire to set forth their understanding as to the rights and obligations, benefits, and costs in connection the Project, the Grant Contract, and the Design Contract, as same may be modihed from time to time, as well as any related issues as are set forth herein. NOW, TI{EREFORE, in consideration of the ses and the ons hereinafter set forth, the following constitutes a binding by the l. Grant Contract. A. Briarcliff Manor shall Grant th NYSDOS. B. Each Village agrees to pay by Briarcliff Manor under or in connection C. pay 33.3 any matching funds required under the Grant Sleepy shall each pay their share of any amounts incurred paragraphs and C. above within thifty (30) days of Briarcliff Manor's request for Such payments shall be made, at the direction of Briarcliff Manor, to such as deemed appropriate by Briarcliff Manor, or to Briarcliff Manor in reimbursement of incurred costs by Briarcliff Manor. E. Notwithstanding anything provided herein to the contrary, Sleepy Hollow and Tarrytown shall each indemniff Briarcliff Manor and hold Briarcliff Manor harmless to the {00829373.docx.} 4 full extent of their respective 33.333% share of any and all costs incurred under the Grant Contract including without limitation, any damages that may arise in accordance with the terms of the Grant Contract including without limitation under the MWBE Compliance Certification Letter (Form D-l) of the Grant Contract. 2. Design Contract. A. Briarcliff Manor shall enter into the Design B. Each Village agrees to pay 33.333% all under or in connection with the Design Briarcliff Manor shall approve. C. Sleepy Hollow and T each pay share of any amounts due under paragraph B. above within thirfy Manor's request for such payments. Such made, at direction Briarcliff Manor, to Woodard & Curran or to ln bursement costs by Briarcliff Manor. J shall enter into a further agreement c es, costs, bidding and administration of the of the 4. The parties agree that Fiona Company LLC shall coordinate the administer the Grant and the Grant Contract, and each party shall pay 33.333% of such costs, which costs are not provided under the Grant. Such costs shall be charged based upon a fee schedule to be provided by The Fiona Company LLC. 5. Arbitration. Any controversy or dispute arising out of or relating to this inter- {00829373.docx.} 5 municipal agreement, or the breach thereof, shall be settled by arbitration. Such arbitration shall be conducted in Westchester County, in accordance with the rules of the American Arbitration Association in effect at the time of such arbitration. Any arbitrator selected shall be an engineer with experience in water systems. Judgment may be on any decision rendered by the arbitrator(s) in any federal or state court ha the requisite jurisdiction. Each party hereto shall share equally the costs of the arbitrator selected. 6. to Enter Into of to warrants and represents that each has the power and ty to enter into this Agreement and that the Board of Trustees of the Briarcliff Board of Trustees of the Village of Sleepy Hollow and the B Village of Tarrytown have authorized execution 7 w any provlsr this Agreement or any right hereunder shall not a shall not prevent or stop such party from enforcing The failure to any parly to insist on any one or more upon strict of any of the terms or provisions of this Agreement by the other be as a waiver or relinquishment for the future of any such terms or provisions, same shall continue in full force and effect. 8. Modification. This Agreement contains the entire agreement between the parties and it can be modified or changed only by a writing duly executed on behalf of the Village of Briarcliff Manor, the Village of Tanl4own and the Village of Sleepy Hollow. {00829373.docx.} 6  9. Notices. All notices required hereunder shall be sent by certif,red mail, retum receipt requested or via overnight mail or hand delivery, or by facsimile with original copy forwarded by flrrst class mail to the respective parties at the addresses above set forth or to such other addresses as each may hereafter designate in writing. N shall be addressed to the attention of the Village Manager or Administrator the of the Village receiving the Notice. 10. Governing Law. This Agreement m with and governed by the laws of the State of New Y IN \ryITNESS \ryHEREOF, the parties have this Agreement as of the date written above. MANOR By: Phili li, Village Manager VILLAGE OF SLEEPY HOLLOW v: Ken Wray, Mayor VILLAGE OF TARRYTOWN By Drew Fixell, Mayor {00829373.docx.} 7 STATE OF NEIW YORK ) COUNTY OF WESTCFIESTER ) SS. On the day ot , in the year 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared PHILIP E. ZEGARELLI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the behalf of which the individual acted, executed the N STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) On the day of , 2017, me, the undersigned, a Notary Public in and for said State, , personally known to me or proved to me on of sati the individual whose name is subscribed to the and to that he executed the same in his capacity, and that on the the individual, or the person upon behalf of which executed Notary Public STATE YORK COUNTY TCHES ) SS.: On the , in the year 2006, before me, the undersigned, a Notary Public in and for personally appeared DREW FIXELL, personally known to me or proved to me on basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public {00829373.docx.} 8  VILI-AGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 20, 2017 2. BUDGET AMENDMENT BE lT RESOLVED that the budget for fiscal year 2017-2018 is hereby amended as follows: VALET SERVICES lncrease Revenue A0109.1720 Parking Permit Revenue $8,750.00 lncrease Expense A1410.460.Va|et Valet Parking $8,750.00  BUDGET AMENDMENT REQUEST FORM 2017t2018 Increase Expense Muni Code Budget Line $ 8,750.00 41410.460.Valet Valet Parking Increase Revenue Muni Code Budget Line $ 8,750.00 A0109.1720 Parkinq Permit Revenue Reason for Amendment Request: To account for the additional cost of the new valet parki ng contract and additional it revenue. Signature of g Department Head Date Signed tq Village Manager App Date Signed Treasurer Approval Date Signed lf over S10,000, Board of Trustees Approval Date  11 1 1 Pleasantville Road r r rrrrP E. &e:rqr çrr. D-:-f-!:S lt^--- l! v a^El^ =r¡-iLttii !Ei=!¡u¡, :=. !. i-;1 t9 Village Manager Tef ephone: (91 41 94-27 82 Facsimile: (914) 94r 4837 www. bria rc I iff m a no r. oro MEMORANDUM TO Mayor and Board of Trustees (M/BOT) Pz CC: Dan Pozin, Esq., Village Attorney n!-:r:- I t\vt'l ríiiiiii FE. ¿eEdíeii¡, ?- - - r¡. rr;l!-r,rr-¡ f\t=_.__,_,-._ ViiirjE\j iY¡c¡i ¡(;igeí DATE: 28 November 2077 RE Scarborough Railroad Statíon Valet Parking Bid Results As you are aware, ProPark America has been the RFP approved valet parking vendor at our Scarborough Station since its inception in 2008. Traditionally, we have had RFp's as each contract a-ni-a¡l TL^ ^^^+- €xP¡¡-ec. ine ccnEi'ect that i,t'e hcve bee:': recent!'r/ Us¡iìg ca!!s fc¡' a b+.ro ,ir€ar fixed pi-ice pei- month plus an optional third year to be priced no higher than 2.0o/o above the then monthly rate. The option is solely for the Village to exercise. We have found this RFP format to be very useful in maintaining a stable, reliable vendor, meet¡ng legal guidelines and identifying additional potential biclders, if necessary. The current contract won by ProPark America three years ago called for a fixed rate for the first two years and an opt¡onal third year príced at no higher than 2.Oo/o over the previous year. The current year's monthly cost is $9,245.00: that is based off of the third year calculation. As you know, the primary person representing ProPark America is "Juan" who has a very close relationship with our commuters having been the designated operator since its original operation. We sent RFP's to seven known valet parkíng vendors: three submitted proposals. The bids were returnable on L7 November 2017 at 4:00 PM. Village Treasurer Edward Ritter and I opened the submissions. A summary of the proposed rates for years one and two and a third optional year are as follows: Month/Year-Yearsl&2 Month/Year - Year 3 option (+2%) ó i !-! ,-:¡1- /-rr-¡ iÀ i 1¿ rÁ.: -r ; rf urdtK tltf tef rcd + ruryyJ,uu/ + r J rry.ru.uu t'. Àrt r-t.-, + r rr¿ r J.uu/ + r -¡arr t.-l Jî, Jou.uu LAZ Parking $1 1,602.00/$139,230.00 $ 1 1,834. 00/$ 142,015.00 Classic Valet Parking, Inc. $ 12,350. 00/$ 148, 200.00 5r2,597 .00 | $ 15 1, 164.00 DF^n^'r' i i uf "¡^- +L^r^"-,'e-tt ñ gvcJ L¡ rù ¡¡JYi vvr í+!ncnl!hl+ hi¡i¡lel at â.rfl qAq nn r-, ,.,-. ne:'m+nfh f¡r',t+>r,:. en¡:n¡l tlr,,n:n¡l =i , ger v v¡ $11,215.00 per month for the optional third year. The two other proposals were consistently higher. Given that ProPark is well known to us and our resident commuters, our recommendation that the two-year contraetua! rate of $10,995.00 ner month/$13L,940=00 oer year be awarded to ProPark. We also recommend that the third year option should only be reviewed in December 2019 for the 2020-year contract. As previous discussed, the current ProPark rate per month is $9,245.00 and the amount going forward of $10,995.00 is an 18.8olo increase over the previous months. I reviewed this significant increase in the seruice rate with ProPark management and they related a higher commuter use and an increase of cars (permits) since the last contract. In point of fact (with the same rate per year, unchanged since 2013) we have exceeded budgeted revenues since 20t5 by 17.5o/o. ProPark aiso noteci that they have had three peopie on site at various times to relieve the morning "surge" versus the two people normally present day-to-day. Lastly on this issue, I have knowledge that at least one other bidder sought to recruit "Juan" to be on site if they won the RFP: undoubtedly they "factored" retaining "Juan" with themselves. Since we anticipate a Valet Parking budgeted expenditure line shortfall for the last five months of our 2017-2018 fiscal year, we will need to formally appropriate $8,750.00 from Fund Balance. SaseC cn PrcPa¡'k's continued high !eve! of se¡ v'!ce and pei'formance en.d in paiticulai' its local chief attendant "Juan", I recommend approval of a two-year contract to ProPark America as proposed. Action Need Resolution to accept ProPark's bid (two year option) Need Resolution to cover budget shoftage with transfer of Fund Balance.  Village Board of Trustees Regular Meeting December 6,2017 8:00 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 at the William J. Vescio Community Center, at 1 Library Road, Briarcliff Manor, New York on the 6th of December,2017 commencing at 8:00 p.m. Present LoriA. Sullivan, Mayor Mark Pohar, Deputy Mayor Cesare DeRose, Jr. Trustee Bryan Zirman, Trustee Also Present Philip Zegarelli, Village Manager Christine Dennett, Village Clerk Daniel Pozin, Village Attorney Absent Mark L. Wilson, Trustee Pledge of Allegiance Board of Trustees An nouncements bv Mavor Sullivan . The Recreation Committee gave a presentation and the Board requested the powerpoint be put on the website. o Overnight parking restrictions began on December 1st. . Stay informed and sign up for the weekly Village Manager emails. Villaqe Manaqers Report bv Villaqe Manaqer Zeqarelli o Village Hall will close at 1pm on Friday for the self-funded Village Staff Holiday Party. . 2018 Scarborough Station Parking Permits are available for purchase. . The Holbrook Lift Station project is nearing completion. o Leaf Pickup continues. . The 2nd Haf of Village Tax is due. . The Police Department if holding a coat drive and a toy drive until December 1Sth. Mayor Sullivan thanked Village Staff for pushing Westchester County to get the roadwork done by the holidays. Village Manager Zegarelli gave his end of Fiscal Year 2016-2017 presentation Mayor Sullivan stated the Board would be discussing the water rates and the calculation system used by the start of the next fiscal year. Public Comments There were no public comments. Annual Audit Report for FY 2016-2017 - Cooper Arias. LLP Andrew Arias of Cooper Arias, LLP gave the Annual Audit report for Village Fiscal Year 2016-2017. He stated the Village received an Unmodified, clean opinion and the Village was in good financial shape. Andrew Arias - Auditor, gave the report. The Board had general discussion related to fund balances and the effects of the use of it. Village Manager Zegarelli thanked Village Treasurer, Ed Ritter for his work and taking the lead with changing accountants. The Board thanked Mr. Arias for his presentation. Villaqe Justice Court Annual Report for FY 2016-2017 Upon motion by Trustee DeRose, seconded by Deputy Mayor Pohar, the Board voted unanimously to approve the following resolution: BE lT RESOLVED that the Village Justice Court conducted an Independent Audit for Fiscal Year 2016-2017 in accordance with Section 2019-a of the Uniform Justice Court Act. BE lT FURTHER RESOLVED that the Board of Trustees does hereby approve and accept into the record the Village Justice Court lndependent Audit for Fiscal Year 2O16-2017. Fire Department Resol ution The Board tabled numbers 3A and 38 subject to further review Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: Request Approval: Villaqe of Briarcliff Manor Fire Department Annual Fund Drive Whereas, behalf of the VBMFD the Chief of the Department has requested the permission of the VBM Board of Trustees for it to hold its annual fund drive within 2 the Village of Briarcliff Manor utilizing its own resources and Departmental Tax Exempt EIN for deposit of all receipts of funds; and Whereas, subject to the provisions of General Municipal Law (GML) Section 10 - 1000 in its entirety, such relative sections that so pertain and relevant Opinions of the NYS Comptroller; NOW, THEREFORE, BE lT RESOLVED that the Board of Trustees does hereby approve of the BMFD's request to undertake its annual fund drive. Authorize Villaqe Manaqer to Execute Aqreement for Valet Services with ProPark The Board stated a budget authorization would need to be done at the next meeting. Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: WHEREAS, the Village of Briarcliff Manor (VBM) issued a Request for Proposals (RFP) to provide valet parking services at the VBM's Scarborough Railroad Station which identified such selection criteria as previous experience, operational viability, and maintenance of the current level of service and interplay with clientele and called for proposals to be submitted by 17 November 2017 , and having received three (3) proposals ranging in cost from $10,995.00 per month to $12,350.00 per month; and WHEREAS, the RFP calls lor 2 years of fixed pricing calculated at a per month rate and a VBM option to extend the award for a 3'd year not to exceed a 2o/o per month cost increase together with other requisites such as liability insurance and such other protections for the VBM and its parking permit holders; and WHEREAS the lowest responsible proposal was by Pro-Park with a monthly charge of $10,995.00 for calendar years 2018 and 2019 and the option for a 3'd year at $11,215.00 (an increase of 2o/o in keeping with the RFP) equating to an annual cost of $131 ,940.00 for years 2018 and 2019 and $134,580.00 for the optional 3'd year (2020); and, WHEREAS, ProPark is currently providing valet parking service at the Scarborough Station under contract with the VBM and is familiar with the job and facilities, has drawn compliments for its work, and can continue its work without any interruption or disruption in service, at their current charge of $9,180.00 per month ($1t0,160.00 per year); NOW, THEREFORE, BE IT RESOLVED that the proposal for valet parking services at Scarborough Station is hereby awarded to ProPark America as per its proposal of $10,995.00 per a J month for a period of two (2) years commencing January 1, 2018, and expiring on December 31 ,2019 with an optional 3'd year at VBM's Board of Trustees sole discretion for $1 1 ,215.00.00 per month for calendar year 2020; and BE lT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contractual agreement with ProPark America for valet parking services at the Scarborough Station to cover such period of time with such terms and conditions in keeping with the revised RFP and the provisions of Pro Park's proposal. Authorize Villase Manager to Execute an Aqreement with the Chief of Police Upon motion by Trustee DeRose, seconded by Deputy Mayor Pohar, the Board voted unanimously to approve the following resolution as amended: BE lT RESOLVED that the Village Manager is authorized to execute an agreement with Donald Gorey effective June 1,2017 as Chief of Police subject to any non-material changes; and BE lT FURTHER RESOLVED that this agreement supersedes any prior agreement between the Village and the Chief of Police. Budqet Amendment Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: BE lT RESOLVED that the budget for fiscal year 2017-2018 is hereby amended as follows: CON EDISON PAVING lncrease Revenue 40101 .2770 Misc. Revenue $15,137.28 lncrease Expense A5112.460 Contractual Services $15,137.28 Schedule a Public Hearinq to Repeal and Replace Ghapter 146 Entitled "Noise" in the Gode of the Villaqe of Briarcliff Manor The Board requested the Public Hearing be noticed in the December Manor Monthly and commended Village Engineer Turiano for putting together the chart comparing the proposed law and current law. Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: BE lT RESOLVED that a Public Hearing is hereby scheduled for the February 7, 2018 at 8:00pm Board of Trustees meeting to hear and discuss a proposed 4 local law to repeal and replace Chapter 146 entitled "noise" in the Code of the Village of Briarcliff Manor. Mayor Sullivan stated in keeping with the Streetscape Committee Recommendations, the Board would also be reviewing the sign law in the near future. Minutes Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted unanimously to approve the minutes of the November 8,2017 Regular Meeting, and the November 15,2017 Special Meeting. Adiournment Upon motion by Trustee Zirman, seconded by Trustee Wilson, the Board voted unanimously to adjourn into Executive Session at 9:23pm to discuss a personnel matter and would adjourn the regular meeting immediately thereafter. Respectfully Submitted By, Christine Dennett Village Clerk 5