Mayor & Board of Trustees

Village Board of Trustees Regular Meeting October 17, 2018 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 17th of October, 2018 commencing at 8:00 p.m. Present Lori A. Sullivan, Mayor Cesare DeRose, Jr. Deputy Mayor Kevin Hunt, Trustee Mark L. Wilson, Trustee Bryan Zirman, Trustee Also Present Philip Zegarelli, Village Manager Daniel Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Absent Pledge of Allegiance Board of Trustees Announcements by Trustee Wilson • The Annual Fire Inspection will be on October 20th. • The Library has many upcoming events and the Fall Brochure is available. Visit the website for more information. • The Recreation Fall Brochure is online. Please sign up for Recreation News. • Window Painting will be on October 20th. • The Ragamuffin Parade will be on October 27th at 9:30am. • Visit the Village website and sign up for weekly updates from the Village Manager. Village Managers Report by Village Manager Zegarelli • Con Edison should have their work completed over Route 9A. • The Pocantico River Bridge work is furloughed until the Spring. • The sidewalk by CSI was temporarily fixed. • The road markings at North State Road are complete. 1 • The Village Paving Program was delayed due to the weather and it will begin next week. • Leaf pickup has begun. • Please winterize your sprinkler systems. Public Comments Mr. Bob Blair of 82 Tuttle Road stated his road was in major disrepair and asked when it would be addressed. Mayor Sullivan recommended he reach out to the Superintendent of Public Works who gave a presentation recently on Tuttle Road. She also encouraged him to urge his neighbor to reach out to the Village Engineer regarding her suggestion she made at the last meeting. She stated the Board was committed to fixing the road. Mr. Blair submitted a letter to the Board. Authorize Village Manager to Execute Fire Protection Agreement with Mount Pleasant – Ambulance Service Upon motion by Trustee Hunt, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for ambulance services to the Mount Pleasant West Ambulance District in the amount of $3,937 to expire on December 31, 2018. Grant Authority to the Village Manager and Village Treasurer to Sign Merchant Agreements and Accounts with TD Bank Upon motion by Trustee Wilson, seconded by Deputy Mayor DeRose, the Board voted unanimously to approve the following resolution: Certificate of Corporate Resolutions Authority for Merchant Agreements and Accounts I hereby certify that I am the duly appointed and qualified Village Clerk and keeper of the records of the Village of Briarcliff Manor, that the following is a true and complete copy of Resolutions duly adopted at a meeting of the Board of Trustees of said Village held on October 17, 2018 in accordance with law and the by-laws of, or by consent of, the Village of Briarcliff Manor, and that my delivery of this Certificate of Corporate Resolutions certifies to Bank that such Resolutions are binding upon the Village and still in full force and effect. 2 RESOLVED, that the officers, employees or agents of the Village of Briarcliff Manor whose names and signatures appear below are hereby authorized, acting singly or jointly, for and on behalf of the Village of Briarcliff Manor, to enter into, sign, maintain, amend and renew an agreement or agreements with Bank for the processing of credit and debit card transactions ("Merchant Agreement(s)"), and open and maintain a deposit account or accounts ("Account(s)") of the Village of Briarcliff Manor with Bank, whether or not such Accounts are related or entered into pursuant to any Merchant Agreement(s) or otherwise, subject to the terms and conditions specified in any applicable Merchant Agreement(s) and/or Account Agreement(s), and to endorse and deposit with said Bank negotiable instruments or other orders for the payment of money, which endorsements may be made in writing or by stamp and without the designation of the person endorsing. BE IT FURTHER RESOLVED, that the undersigned officers, employees or agents of the Village of Briarcliff Manor may sign contracts, agreements, instruments, checks or other orders for the payment of money withdrawing funds from or depositing funds into the Village of Briarcliff Manor Account(s) with Bank. Such signature(s) may be in writing or by facsimile. In the event the Village of Briarcliff Manor uses facsimile signature(s) for these persons it shall promptly notify the Bank and execute any form(s) that may be requested by Bank in connection therewith. The Village of Briarcliff Manor assumes all responsibility for the use of actual or purported facsimile signature(s) and shall indemnify and hold harmless the Bank from any and all liability, costs, expenses, suits, claims, or actions arising out of any action or inaction taken by the Bank in good faith under the terms of these Resolutions. The signature of any one the officers, employees, or agents indicated below is necessary to act under these Resolutions. RESOLVED, that the Bank be promptly notified in writing by the Village Clerk or any officer of the Village of Briarcliff Manor of any change in these Resolutions, such notice to be given to the Bank in which Merchant Agreement(s) or Account(s) of the Village of Briarcliff Manor may be in force or maintained, and that until it has actually so received such notice in writing it is authorized to act in reliance on these Resolutions, and that until it has actually received such notice it shall be indemnified and held harmless from any loss suffered or liability incurred by it in continuing to act in reliance upon any of these Resolutions even though one or more of these Resolutions may have been changed. RESOLVED, that the Bank may, in its discretion, accept in lieu of an original signature, a legible facsimile or photocopy of a signature of any of the officers designated in the foregoing Resolutions. RESOLVED, that the Village of Briarcliff Manor shall be bound by the terms and conditions of the Merchant Agreement(s) and Account Agreement(s) as they may be revised and or amended from time to time. 3  I further certify that the foregoing are the true titles, names and signatures of the present officers, employees and agents of the Village of Briarcliff Manor authorized by the above Resolutions. IN WITNESS WHEREOF, I have hereunto subscribed by name as Village Clerk and affixed the seal of the Village of Briarcliff Manor on the date shown below. RESOLVED, that the Financial Institution named above, at any one or more of its offices or branches, be and it hereby is designated as a Financial Institution of and depository for the funds of this Governmental Entity, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies (including electronic orders) bearing the signature of, or as otherwise authorized by, any one (1) of the following officers, employees or agents of this Governmental Entity (“Agents”), whose actual signatures are shown below: Title Name Signature Treasurer Edward Ritter FURTHER RESOLVED, the Agents, whose names and signatures appear above, are hereby authorized to open and maintain a deposit account or accounts of the Governmental Entity with the Financial Institution, subject to the terms and conditions of the Business Deposit Account Agreement, as it may be amended from time to time (the "Account Agreement"). FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item or payment order drawn against any of the Governmental Entity’s accounts with the Financial Institution bearing the signature of or as otherwise authorized by any such Agents even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent’s personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed, or payment order authorized, in accordance with the resolutions contained herein, or the application or disposition of such item or payment order or the proceeds of the item or payment order. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Governmental Entity for deposit with the Financial Institution, or for collection or discount by the Financial Institution, and to accept drafts and other items payable at the Financial Institution. FURTHER RESOLVED, that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions or purposes for which funds, checks or items of the Governmental 4 Entity may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remains in full force and effect until written notice of the revocation thereof shall have been delivered to and received by the Financial Institution at the location where an account of the Governmental Entity is maintained and Financial Institution has had a reasonable period of time to act upon such notice. RESOLVED, that the Financial Institution named above, at any one or more of its offices or branches, be and it hereby is designated as a Financial Institution of and depository for the funds of this Governmental Entity, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies (including electronic orders) bearing the signature of, or as otherwise authorized by, any one (1) of the following officers, employees or agents of this Governmental Entity (“Agents”), whose actual signatures are shown below: Title Name Signature Treasurer Edward Ritter Village Manager Philip E. Zegarelli FURTHER RESOLVED, the Agents, whose names and signatures appear above, are hereby authorized to open and maintain a deposit account or accounts of the Governmental Entity with the Financial Institution, subject to the terms and conditions of the Business Deposit Account Agreement, as it may be amended from time to time (the "Account Agreement"). FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item or payment order drawn against any of the Governmental Entity’s accounts with the Financial Institution bearing the signature of or as otherwise authorized by any such Agents even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent’s personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed, or payment order authorized, in accordance with the resolutions contained herein, or the application or disposition of such item or payment order or the proceeds of the item or payment order. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Governmental Entity for deposit with the Financial Institution, or for collection or discount by the Financial Institution, and to accept drafts and other items payable at the Financial Institution. 5 FURTHER RESOLVED, that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions or purposes for which funds, checks or items of the Governmental Entity may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remains in full force and effect until written notice of the revocation thereof shall have been delivered to and received by the Financial Institution at the location where an account of the Governmental Entity is maintained and Financial Institution has had a reasonable period of time to act upon such notice. Authorize the Village Manager to Execute a Professional Services Agreement with McLaren Engineering for Public Purpose Improvements - The Club, Phase 5 (Water) Upon motion by Deputy Mayor DeRose, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby authorize the Village Manager to execute a Professional Services Agreement with McLaren Engineering to provide engineering design services for Public Purpose Improvements - The Club, Phase 5 (Water) as per their proposal of $83,000. Award of Bid – Water Main Replacement Project Union and Requa Streets Upon motion by Trustee Zirman, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 6 bids for the Water Main Replacement Project– Union and Requa Streets (VM-1718-3); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Water Main Replacement Project– Union and Requa Streets (VM-1718-3); is hereby awarded to Paladino Concrete Creations, Inc with their bid proposal of $568,525 for a total project cost of $543,125 with the subtraction of $25,400 of the valve replacement program to be done in a future project. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Paladino Concrete Creations, Inc. for said project. Tax Abatement – 147 Holbrook Lane 6 The Board requested a letter be sent to the Town Assessor to encourage a more equitable way of assessing properties in the Village. Upon motion by Trustee Hunt, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution: WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 147 Holbrook Lane (Parcel ID 97.08-3-30); and WHEREAS, a Stipulation of Settlement and Order in the Small Claim Assessment Review has been issued for the property at 147 Holbrook Lane for the 2017 Town assessment year, Fiscal Year 2018-2019 Village assessment roll; and WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2018-2019 assessment roll and the approval of the budget for Fiscal Year 2018-2019; WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2018-2019 assessment roll by $32,700 from $622,700 to $590,000; and NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund of the tax bill for Fiscal Year 2018-2019 in the amount of $179.69 and the abatement of the tax bill based upon the reduced assessment values in the Stipulation of Settlement and Order. New Assessed Assessed Assessment Original Tax Reduced Tax Year Address Value Value Reduction Amount Amount Refund 2017 147 Holbrook Ln $622,700 $590,000 $32,700 $3,421.74 $3,242.05 $179.69 97.08-3-30 TOTAL TOTAL AV REVENUE REDUCTION REDUCTION Minutes Upon motion by Trustee Wilson, seconded by Deputy Mayor DeRose, the Board voted unanimously to approve the minutes of October 3, 2018. Amend Master Fee Schedule Upon motion by Deputy Mayor DeRose, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: 7 BE IT RESOLVED that the Master Fee Schedule is amended as follows: Scarborough Station Parking Permit Fees Annual Resident Permit: $690 Annual Non-Resident Permit: $1,225 Quarterly Permit: $215 Off-Duty Police Officer Fee: $260 per hour Adjournment Mayor Sullivan congratulated Sara Pohar on her upcoming nuptials. Upon motion by Trustee Wilson, seconded by Deputy Mayor DeRose, the Board voted unanimously to adjourn the meeting at 8:40pm. Respectfully Submitted By, Christine Dennett Village Clerk 8