Board of Trustees

Village Board of Trustees 01-08-2013 P a g e |1 THREE THOUSAND ONE HUNDRED SEVENTY-THIRD REGULAR MEETING Rutherford Hall Village Hall January 8, 2013 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, January 8, 2012 at 8:00 P.M. Present were Mayor Flisser, Trustees Brodsky, Eisenman, Lee, Mark, and Steves. Also present were Village Manager Gatta, Village Attorney Esannason, Deputy Village Manager Pappalardo, Village Treasurer McClure, Assistant Attorney DeSiena, Assistant to the Village Manager Datino, and Administrative Intern Goodwin. ******** The minutes of the Board of Trustees Limited Agenda Meeting of December 26, 2012 were approved as corrected on a motion entered by Trustee Mark, seconded by Trustee Eisenman, and carried unanimously. ******** Bills & Payroll Trustee Eisenman stated that she had audited the Abstract of Claims dated January 8, 2013 in the amount of $157,481.34 which included $7,894.71 in Library Claims previously audited by a Trustee of the Library Board were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Eisenman and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated January 8, 2013 in the amount of $157,481.34 is hereby approved. Trustee Eisenman further stated that payment of bills made in advance of a Board of Trustees audit totaling $68,691.35 were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Eisenman and seconded by Trustee Steves, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $68,691.35 is hereby ratified. Village Board of Trustees 01-08-2013 P a g e |2 ******** Mayor’s Comments Mayor Flisser stated that she has two topics that she is going to discuss this evening: “First of all, I would like to remind residents that you have received a letter in the Trash Collection Schedules which went out a few weeks ago which concerns the Emergency Notifications System. Your home phone number is already in the system; but you can add email, cell phones, text, or other phone numbers by going to the Village’s website, www.Scarsdale.com, and clicking on the logo that says “Sign up now, services by Blackboard Connect”. If you follow the instructions there, you can add email addresses, etc., so that the Village can reach you in an emergency. I’d like you to know that during the last emergency, some people told me that they hung up on my voice on Robo calls that I made because since it was election time, they assumed that any messages from the Village had to do with electioneering. However, when the Village Board of Trustees set up the Emergency Notification System in 2011, we set very strict policy for its use. We would never use it for any information we didn’t feel was absolutely necessary. So please don’t hang up on the voice, whether it is me or anyone else, it’s important. And do give us another email address or phone number in case we don’t have power here but you are able to get it at work or some other place. It will help us and help you a great deal. I'd also like to mention that one of the other things we are working on is the Village Wide Property Tax Reassessment which involves reassessing all the property in Scarsdale for taxation. We are moving along with this, and the phase that we are entering now is the distribution of property data mailers to all homeowners. We are going to have a presentation on this by our Village Consultant, Tyler Technologies on Wednesday, January 16, 2013 at 7:30 P.M. in Rutherford Hall. If you would like to know what to expect when you get your tax reassessment sent back from the Village, please come and watch the presentation with us.” ******** Manager’s Comments Village Manager Gatta stated that the Police Chief and Fire Chief had made presentations to the Village Board relative to their department’s operations during Hurricane Sandy. This evening the Village’s Superintendent of Public Works, Benny Salanitro is here to give us a very brief presentation relative to his department’s operations during the storm. Mr. Salanitro introduced himself and stated that pre-planning for the storm started on Wednesday, October 24th. An email was put out to all the emergency services – Police, Fire, SVAC. This was integrated with the Scarsdale School District as well. The Village Board of Trustees 01-08-2013 P a g e |3 purpose for this was to alert all first responders to be on the ready with supplies and personnel. His department rented emergency generators in advance, and prepared the Emergency Operations Center (EOC). The EOC was prepared by installing new lines so that the DPW phone line of 722-1150 would be manned at that site. On Monday, October 29th, the day of the storm, at 8:00 A.M. the EOC was staffed. Unfortunately on the evening of October 29th, the Lightpath communication system was lost and they were forced to use their two-way radio system to communicate from the EOC to all of the DPW personnel in the field. The DPW Clerical Staff performed admirably; they worked as the clearinghouse for all information that came through the EOC. The first two days the EOC was opened, it operated on a 24-hour basis. Thereafter it operated from 8:00 A.M. to 9:00 P.M. up through November 2nd. Subsequent to that date, the EOC operated 8:00 A.M. to 5:00 P.M. through November 9th. Information relative to street closings and street openings was gathered, and they worked with the Police and Fire Departments to prepare updates of the critical information of the routing of the streets in the Village multiple times per day. This information was also very helpful for the School District. The EOC received on average 250 calls per day. All the divisions of DPW – Highway, Central Garage, Sanitation, Facilities Maintenance, and Water Department worked tirelessly in its efforts. The DPW also engaged the services of the Building Department, Engineering, and Parks and Recreation staff to assist with the DPW administration. The staffing levels were based upon need which included identifying tree removal, roads that needed to be opened, clearing, debris removal, sanitation pickup, snow and ice removal (which came on November 7th), and management of overall operations. Efforts were coordinated with Con Edison as well as the Westchester County Office of Emergency Management. The DPW work force worked 12 hour days for the first 20 days of the event involving both manual and machine removal of debris. Mr. Salanitro pointed out on a photo most of the wood that was processed at the 110 Secor Road facility, also known as the Sanitation facility. The total amount of tonnage received at that facility is 7,700 tons. The magnitude of the effort was extremely high; the DPW never experienced such an event and the photograph captures a historical moment for this type of operation. There were approximately 120 trees that were lost in this storm; 28 of those trees involved road closures and wires. Approximately 150 privately owned trees fell during the storm and those accounted for another 75 road closures. Approximately 105 roads were impacted by trees. Between equipment purchases, overtime, rentals, tree contract assistance, and public facility damage, there is an estimate of a cost of $530,000 due to this event. Village Board of Trustees 01-08-2013 P a g e |4 The leaf operation did end successfully and on time this year and the Crossway Facility has been officially closed as of last week. The leaf accumulated debris has been removed. Working together with the Police and Fire Departments, SVAC, and the Scarsdale School District, there was a successful operation overall. Mayor Flisser asked Mr. Salanitro to explain how DPW was able to get the traffic lights to work on Post Road. Mr. Salanitro responded that with the work of Assistant to the Village Manager Justin Datino, five portable generators were rented and these were used at key intersections along Post Road to power the lights. This freed up the utilization of manpower from the Police Department. Deputy Village Manager Pappalardo added that the utilization of the generators for the traffic lights freed up approximately six police officers who could then be re- deployed to provide additional patrol in the neighborhoods. Mayor Flisser noted that she had attended a meeting with other Mayors in the area and the problem of traffic lights out at intersections was frustrating for everyone. She stated that she was very proud at the way the Village handled this problem. ******** Public Comment Mayor Flisser opened the floor for any public comments, noting that should any comments concern the generator legislation that will be discussed under the Public Hearing section of this meeting, those people with related comments should wait until the Public Hearing comments period is opened. Mattias, Shen Yun International, stated that he represented Shen Yun International, a Chinese performing arts company started in 2006 by overseas Chinese to represent 5,000 years of their history. He came to the meeting to inform residents of the existence of this company and to encourage them to learn more about the show. He also stated that he would like to come back to another meeting with a 15 minute presentation of the show. ******** Public Hearings Mayor Flisser noted that because both upcoming Public Hearings are on the same topic, one public hearing will be held for both amendments to the Village Code. Trustee Brodsky explained that the Board is holding Public Hearings to receive comments on a proposed amendment to Village Code Chapter 310 of the Scarsdale Village Village Board of Trustees 01-08-2013 P a g e |5 Code – “Zoning”, regarding Permanent Emergency Generators; and a proposed amendment to Village Code Chapter 205 – “Noise”, regarding Permanent Emergency Generators. The revisions concern allowable noise levels of emergency generators, increasing the decibel level from 55 to 70 and also change the allowable setbacks and yard placements for generators. Currently, generators must be placed in a rear yard with a 20 foot setback from the property line. The proposed amendment allows for rear or side yard placement and bases the setback requirement on accessory building setback which vary depending on zoning districts. The Public Hearings were set for this meeting at the Village Board meeting of December 11, 2012. On December 12, 2012 a Law Committee meeting was held to discuss the proposed changes. At that time they also discussed concerns by residents about noise from the generators both during emergencies and during weekly tests of the generators. Other issues were also addressed. The Village Board will be receiving revisions of the amendments in their Friday packets and these revisions will be publicly available at that time. Another Law Committee meeting is scheduled for Monday, January 14, 2013 to discuss the proposed laws further. Trustee Brodsky stated that the Board welcomes comments this evening, both on the law as it is presently drafted and if anyone wants to speak to the revisions that are under study they may do so as well. Trustee Brodsky requested any public comments at this time. Jeffrey Osterman, a Scarsdale resident, stated that he and his wife were without power for approximately ten days and that they are strongly in favor of liberalization of the prior law. He noted that he had issues regarding three areas of the proposed law: 1) the language concerning the noise levels needs to be more specific regarding the manufacturers information concerning the decibel levels and distance from the source; 2) there should be a screening setback requirement – this should not have been eliminated from the law, and 3) is the gas distribution system in the Village adequate for many generators – this distribution system was not built to provide for numerous generators. Philip Sanchez, 14 Ross Road, stated that he supports the proposed amendments, and he did not think that revisions were necessary. Harry Wilson, 42 Sage Terrace, thanked the Board and staff for their hard work and also stated that the proposed amendments should be adopted without any modifications. He stated that Con Edison must upgrade gas meters as necessary and they must be encouraged to be responsive and not delay. He also encouraged the Board to adopt the regulations as soon as possible. Bill Stern, 20 Rural Drive, complimented the Board on their work regarding the generator law. He questioned how the new law affects temporary generators. Trustee Brodsky replied that the new law does not affect temporary generators. Village Board of Trustees 01-08-2013 P a g e |6 Larry Bell, 2 Penn Blvd., thanked the Board for making the law more resident- friendly. He spoke to the respects to which the law is being narrowed and addressing issues that are now permissible and now make them impermissible, or unlawful. There is a reference in the new law to the New York Uniform Fire Code and other references and standards. These references and standards are not in the law and he felt that this proposed law should conform to the State law and law of other municipalities so that residents can get be confident as to what is required. Another issue is the language and definition in the proposed amendments. It seems like the Village is making something unlawful that is lawful in other municipalities. He pointed out specific instances such as making a temporary generator permanent, changing electrical connections, and changing transfer switches. He requested clarification on temporary generators that are connected to the natural gas supply. He had also done some research and submitted charts to the Board in this regard. These charts included information from New York State, Con Edison, and other municipalities. As there were no further comments offered, Trustee Brodsky closed the public comments portion of the Public Hearing. She stated that in light of the fact that there is a new version of the amendments that will be part of the discussion on Monday, she moved to continue the public hearings to January 22, 2013, seconded by Trustee Mark and carried by a unanimous vote. ******** Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Steves, the following resolution regarding the 2013 Village Election was approved by a unanimous vote: RESOLVED, that pursuant to Section 15-104 of the Election Law, the Village election shall be held on Tuesday, March 19, 2013 between the hours of 6:00 a.m. and 9:00 a.m. and 12 Noon and 9:00 p.m. and be it further RESOLVED, that the polling place for all Election Districts, Numbers 1-19 shall be at Village Hall; and be it further RESOLVED, that qualified registered voters who reside within Westchester County may be inspectors of election for Village elections held in Scarsdale. ******** Fire Commissioner Village Board of Trustees 01-08-2013 P a g e |7 Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding Service Time Extension for Firefighter Dennis Wasiczko was approved by a unanimous vote: WHEREAS, Firefighter Dennis Wasiczko of the Village Fire Department has requested a one-year extension of the service time beyond the thirty (30) year service time limit established by Local Law #1 of 1970; and WHEREAS, said local law requires Village Board of Trustees approval of an extension at least one year prior to the firefighter completing thirty (30) or more years of service; and WHEREAS, Firefighter Dennis Wasiczko has been recommended for such extension by Fire Chief Thomas M. Cain conditioned on his passing the necessary physical examinations provided during Village Calendar Years 2013 and 2014; and WHEREAS, it is in the best interest of the Village to grant such one-year extension in this case; now therefore be it RESOLVED, that Firefighter Dennis Wasiczko of the Village of Scarsdale Fire Department is hereby granted a one-year service time extension in the Department from February 13, 2014 to February 13, 2015, and be it further RESOLVED, that such one-year extension is conditioned on Firefighter Dennis Wasiczko passing the annual physical examinations to be given in Calendar Years 2013 and 2014. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Brodsky, the following resolution regarding Service Time Extension for Captain Gerard McIlvain was approved by a unanimous vote: WHEREAS, Captain Gerard McIlvain of the Village Fire Department has requested a one-year extension of the service time beyond the thirty (30) year service time limit established by Local Law #1 of 1970; and WHEREAS, said local law requires Village Board of Trustees approval of an extension at least one year prior to the firefighter completing thirty (30) or more years of service; and Village Board of Trustees 01-08-2013 P a g e |8 WHEREAS, Captain Gerard McIlvain has been recommended for such extension by Fire Chief Thomas M. Cain conditioned on his passing the necessary physical examinations provided during Village Calendar Years 2013 and 2014; and WHEREAS, it is in the best interest of the Village to grant such one-year extension in this case; now therefore be it RESOLVED, that Captain Gerard McIlvain of the Village of Scarsdale Fire Department is hereby granted a one-year service time extension in the Department from January 17, 2014 to January 17, 2015, and be it further RESOLVED, that such one-year extension is conditioned on Captain Gerard McIlvain passing the annual physical examinations to be given in Calendar Years 2013 and 2014. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Steves, the following resolution regarding the National Alliance on Mental Illness Ribbon Campaign was approved by a unanimous vote: WHEREAS, the National Alliance on Mental Illness (NAMI) is the nation’s largest grassroots mental health organization dedicated to providing support, education and advocacy to individuals and families affected by mental illness; and WHEREAS, the local Westchester affiliate chapter of NAMI is planning a Mental Health Awareness Ribbon Campaign for the month of May 2013 and has requested to place ribbons on designated street light posts in the Scarsdale Village Center; and WHEREAS, NAMI Westchester has applied to other Westchester County municipalities for similar approval which has already been granted in the City of Rye and the Villages of Rye Brook and Port Chester; and WHEREAS, similar ribbon campaigns to promote breast cancer awareness have previously been conducted in a successfully manner in the Village Center; now therefore be it RESOLVED, that the application of the Westchester affiliate chapter of the National Alliance on Mental Illness for a special event during the Village Board of Trustees 01-08-2013 P a g e |9 month of May 2013 to place ribbons on designated Village Center street light posts, to be further determined by the Village, is herein approved, conditioned on proof of liability insurance coverage prior to the placement of ribbons. ******** Recreation Committee Upon motion entered by Trustee Lee, and seconded by Trustee Brodsky, the following resolution regarding an Intergovernmental Agreement with the United States Department of Agriculture – Canada Goose Management Program was approved by the vote indicated below: WHEREAS, Canada geese have proven to be a public nuisance to open spaces, parks, playgrounds and walking paths by overpopulating, overgrazing and defecating, resulting in damage to public property and requiring constant maintenance at considerable time and expense; and WHEREAS, for many years, Village residents have expressed concern over the damage caused by Canada geese in the Village of Scarsdale, specifically around the Audrey Hochberg Library Pond located at Harwood Park, as well as their aggressive behavior displayed toward people who have walked near their nest areas; and WHEREAS, in the past, the Village has employed private contractors to haze/herd geese to move them off-site, an expensive option resulting in only marginal success, said program eliminated a few years ago due to budgetary constraints; and WHEREAS, the Canada geese problem has since escalated and Village staff has investigated other alternatives to minimize their presence, and recently met with a wildlife biologist from the United States Department of Agriculture (USDA) to review their damage control management program; and WHEREAS, the USDA has proffered an agreement (attached) to conduct an integrated wildlife management program which involves locating and treating Canada goose nests and eggs with corn oil to prevent hatching and capturing geese during the molt, humanely euthanizing said geese and processing them for human consumption; and WHEREAS, this management plan supports the National Environmental Policy Act compliance for federal actions related to Canada goose management and the proposed planned activities at Harwood Village Board of Trustees 01-08-2013 P a g e | 10 Park would be conducted in accordance with all applicable federal, state and local regulations; and WHEREAS, the term of the agreement is for six months from March 1, 2013 through September 30, 2013, at total fee of $5,054; now therefore be it RESOLVED, that the Village Manager is, herein, authorized to execute an intergovernmental agreement, in substantially the same form as attached hereto, in the amount of $5,054 between the Village of Scarsdale and the United States Department of Agriculture, for an integrated wildlife management program to reduce damage and conflicts associated with Canada geese at the Audrey Hochberg Library Pond located at Harwood Park; and be it further RESOLVED, that the Village Manager shall take all appropriate administrative acts required for the successful completion of the terms of the intergovernmental agreement; and be it further RESOLVED, that the cost of said intergovernmental agreement be charged to the Parks, Recreation and Conservation Department operating budget account A-7020-PLGRD-MAINT-400-499. AYES NAYS ABSENT Trustee Brodsky None Trustee Harrison Trustee Eisenman Trustee Lee Trustee Mark Trustee Steves Mayor Flisser ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications Village Board of Trustees 01-08-2013 P a g e | 11 Administrative Intern Goodwin reported that one (1) written communication was received since the last meeting and after preparation of the agenda: • An email from Lika Levy, 21 Lockwood Road, requesting that the Village Board adopt a moratorium on development in the Village. ******** There being no further business to come before the Board, the Village Board Meeting adjourned at 8:57 P.M. on a motion entered by Mayor Flisser, seconded by Trustee Mark and carried unanimously. Donna M. Conkling Village Clerk