Board of Trustees

Village Board of Trustees 01-22-2013 P a g e | 12 THREE THOUSAND ONE HUNDRED SEVENTY-FOURTH REGULAR MEETING Rutherford Hall Village Hall January 22, 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 22, 2012 at 8:00 P.M. Present were Mayor Flisser, Trustees Brodsky, Eisenman, Harrison, Lee, Mark, and Steves. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason ,Village Treasurer McClure, Village Clerk Conking, Assistant Attorney DeSiena, Assistant to the Village Manager Datino, and Administrative Intern Goodwin. ******** The minutes of the Board of Trustees Regular Meeting of January 8, 2013 were approved as corrected on a motion entered by Trustee Mark, seconded by Trustee Eisenman, and carried unanimously. ******** Bills & Payroll Trustee Brodsky stated that she had audited the Abstract of Claims dated January 22, 2013 in the amount of $1,822,123.23 which included $92,235.65 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 Brodsky and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated January 22, 2013 in the amount of $1,822,123.23 is hereby approved. ******** Mayor’s Comments Mayor Flisser stated that she has a few comments to make this evening: “I would like to point out that the Village Board has a packed schedule for the next two weeks. We began the budget process on January 18th with the initial consideration of fees and charges including Recreation Department fees such as summer camp, sports, and other activities. Village Board of Trustees 01-22-2013 P a g e | 13 We will consider input concerning preliminary budget proposals which have created an apparent shortfall for the next upcoming fiscal year; not for the current budget period which is on target, and has costs for Hurricane Sandy that are anticipated to be reimbursed by FEMA. Specific budgetary proposals for the upcoming year will be presented by the Department Heads at full day Budget Hearings to be held on February 6th, beginning at 10:30 a.m. in the Trustees’ Room; to be followed by further deliberations and recommendations by the Board on February 7th. We are also meeting with Con Edison officials this Wednesday night (tomorrow night) to discuss improvements that we have previously proposed in 2011 which were not acted upon by Con Edison, leaving Scarsdale with no Con Edison crews for four days after the 2012 Super Storm, as experienced before in March 2010, and storms in the summer of 2011. We have made proposals for crew management, customer service management with better information available, and long term discussion of underground systems for Scarsdale. On Thursday night, we are meeting with members of the Board of Education to discuss an agenda that includes the revaluation update and the Homestead provisions of revaluation that may change the tax provision of condominium apartments in Scarsdale. Other topics are shared security issues and improvement of communication redundancies in the case of emergencies. Next Monday we will have a Personnel Committee meeting to discuss Boards and Councils procedures including more public scheduling of Boards and Councils meetings and other matters, including personnel needs for the upcoming committee service terms which begin in April of 2013. We will also discuss applications for openings on committees. On January 28th, the Village Board will meet to discuss matters pertaining to outdoor markets in Scarsdale. As you know, all of our meetings are public meetings and we welcome all residents to join us.” ******** Manager’s Comments Village Manager Gatta stated that in keeping with the Village’s practice in having leaders of our Emergency Services Departments report on their activities during the super storm Sandy. We have Mr. David Raizen here today, who is the President of the Scarsdale Volunteer Ambulance Corps. He will give us a very brief synopsis of the SVAC activities that evening. Village Board of Trustees 01-22-2013 P a g e | 14 Mr. Raizen stated that in preparation of the storm, SVAC met with the Police and Fire Departments, Village Hall staff, and DPW. He stated that they met at the Emergency Operations Center (EOC) to come up with plans to prepare for the storm; how we would deploy ambulances, etc. On October 28th at 7:00 p.m. they increased their crew coverage to two (2) ambulances fully staffed, two paramedics, and two drivers minimum in both. On the 29th before the storm hit they went to three ambulances and two paramedics. Two of the ambulances had advanced life support; one had basic life support. At approximately 5:00 p.m. when the wind started to pick up, SVAC had preplanned to move ambulances other sites in the Village. History had shown them that when the storm hit in 2010, the major east/west thoroughfares became blocked and they struggled to get ambulances across town. With this storm they put one ambulance at the municipal highway garage, one ambulance at Ambulance Headquarters, and one ambulance in the Village Hall parking lot so that if trees came down they would not hit the vehicles. By 6:00 p.m. at the height of the storm that evening they were already out on two trauma calls. The preplanning worked because the ambulances arrived at the scene within a minute and a half in both cases. In one case, however, it took them just shy of one hour to get from Village Hall to White Plains Hospital having to take an indirect route due to downed trees and wires. The other ambulance took almost 40 minutes to get to the hospital. All three ambulances went back to their positions by 8:00 p.m.; we abandoned the Highway Department site and brought that ambulance to Village Hall trying to keep the ambulance on the Post Road side of town due to the difficulty in getting through the east/west corridors. At approximately 11:00 p.m., SVAC went back to two ambulances staffed around the clock. One stayed at Ambulance Headquarters; the other stayed at Police Headquarters. Within 24 hours of the storm, they had 10 calls. That entire week they had 35 calls. Four of these calls were storm related and the rest if the calls were medical – environmentally induced calls. Mr. Raizen stated that this includes things that happened to people due to no electricity or heat. After three days, SVAC went back to their normal staffing. One paramedic, one ambulance around the clock; second ambulance staffed by people with pagers. SVAC Headquarters had limited electricity from approximately 5:00 p.m. on the 29th going forward. They did have heat and the internet. On Sunday, almost a week after the storm, at the Mayor’s request, we opened our doors to anybody who wanted to come as they did have a large television set and they set up a second one. Much to their surprise, people showed up to watch the football game. SVAC provided a lot of pizzas and some hot showers to a few people which definitely made some people very happy. A few people during the storm came and used their sleeping facilities because the building was heated. SVAC used 48 hours of overtime to have two paramedics; they usually only have one. Seventeen members of SVAC put in 12+ hour shifts; several put in 48+ hours in one week. SVAC funds to pay for this come from insurance companies that pay for ambulance calls and from their fund drive. One fund drive letter went out in November and another one went out in December. The fund drive has had a horrible response this Village Board of Trustees 01-22-2013 P a g e | 15 year with only 20% of the homes in Scarsdale responding to the fund drive which is the worst fund drive they have had in more than 30 years. If it was not for three or four people who donated $10,000+ we would be here with a different perspective. The fund drive is key to maintaining a volunteer organization. In closing, Mr. Raizen stated that everything went well for SVAC during the storm. They had preplanned, had a written document of what they were going to do and it went off successfully. He added that this was due also to the help of the Village staff, DPW, and the Police and Fire Departments. Trustee Harrison asked Mr. Raizen what the normal percentage of donors in Scarsdale to the fund drive is, with Mr. Raizen responding that the normal percentage is in the middle 40’s. He noted that they had not done a second mailing in 8 or 9 years, and they did a second mailing this year just to get to 20%. Trustee Harrison stated that residents should be urged to try to make a contribution. ******** Mayor Flisser noted that the Board has two areas of public comment this evening. The first area of public comments is an open area. Anyone that wishes to speak may do so. She asked those who would like to speak to line up behind the microphone. They are to announce their names and where they live. There will be a time limit that will be enforced by the Assistant Managers at the desk here. After that, Mayor Flisser stated that the Board will have a public hearing to receive comments on a proposed local law concerning permanent emergency generator. The format will be similar, but the Board would like to keep the topics separate. ******** Public Comment At this time Mayor Flisser opened the floor for any public comments. Robert Guadagna, 1 Sandpiper Lane, Northport, Long Island, the owner of Geesebusters, stated that he invented a technique that is a simpler, more humane method of geese control. He has devised a three dimensional mechanical eagle that circles overhead. It is the only bird deterrent that goes into the air. He goes to the site from sunrise to sunset for approximately one week. He also uses a whistle with the mechanical eagle which will condition the geese to associate the whistle sound with the eagle. He submitted a DVD explaining his services and stated that he would email his references to the Village Manager. Lorraine Izzo, Bronxville, stated that she is a Wildlife Rehabilitator and she is appalled and dismayed that the Village of Scarsdale would resort to these extermination practices. She stated that she has met with Jason Marra of the Recreation Department Village Board of Trustees 01-22-2013 P a g e | 16 and gave him a technical guide and many alternatives from Cornell Cooperative Extension about goose management. People need to coexist with nature. She suggested the Village purchase a Border Collie but stated that she felt there weren’t that many geese at the pond adjacent to the Library. She pleaded with the Board to look into other alternatives and hoped that they would reconsider their decision. Robin Gager, Stamford, Connecticut, stated that she used to live in Scarsdale. She is a member of Goosewatch. She said she spent the summer saving the geese from the USDA in New York City. She is horrified that Scarsdale is hiring the USDA – she stated that they are contract killers, like thugs or the mafia. She stated that they have tapped her phone and harassed her for eight months. It’s immoral to kill other living things; killing the geese will just kill geese. It will not solve the problem of having geese in the area. She offered solutions including border collies or an organic solution such as planting tall marsh grass which the geese do not like. The USDA kills wolves, coyotes, swans, etc. Hiring the USDA is not a responsible thing to do. Mayor Flisser asked Ms. Gager to define “USDA” for the benefit of those watching at home. Ms. Gager responded the “USDA Wildlife Services Department” – United States Department of Agriculture Wildlife Services Department” – a Federal organization that is basically killing hundreds and hundreds of wolves in Wyoming and Montana, they kill swans in Minnesota and Michigan. Ms. Gager stated that they are pretty much hired to kill anything, they just kill. Mayor Flisser asked Ms. Gager if the USDA a Federal Agency under the current Federal Administration? Ms. Gager replied that it is part of the Federal Fish and Wildlife Services and that yes, it was under the current Federal Administration. Mayor Flisser thanked her for making this clarification. Robert Philips, 148 Bradley Road, stated that he has lived in Scarsdale for 50 years and it is appalling to him that the Village would have the geese slaughtered. All the Village would be doing is slaughtering animals for no reason. The golf course he plays at gets rid of the geese with dogs, or piercing the eggs. Kim Gold, 168 Bell Road, reiterated that she was appalled by the proposal to kill the geese and that it does not reflect the values Scarsdale stands for as a community. There are non-violent, effective solutions. She stated that the Village could plant the tall marsh grass that the geese do not like, erect wire fences around the pond, or even feed birth control to the birds. She noted that there is a company that has offered to supply Scarsdale with a year’s worth of birth control for the geese for free. She stated that she is embarrassed that the Village would consider killing the geese. She also noted that a petition was dropped off signed by Scarsdale Middle School 8th graders in opposition to the Village’s proposed plan to eliminate the geese. Kylie Blackman, P.O. Box 501, Tuckahoe, stated that she is affiliated with “Westchester for Geese” and was involved with the City of Yonkers in their efforts to eliminate their geese problems. Yonkers came up with the “goosinator”, a radio controlled predator. She felt that Scarsdale should follow suit. Village Board of Trustees 01-22-2013 P a g e | 17 Sharon Carr, 334 Central Avenue, Greenburgh, stated that she is a teacher. She stated that the Library pond has been a place for her to go and to relax with the geese. As a resident, she stated that as a taxpayer, she did not want the funds to be spent on killing the geese. She felt that killing the geese was the wrong message to send to children. Ms. Carr also noted that feeding the geese to people would not be a good thing to do; they are full of disease. That is a ridiculous idea; it is inhumane to people. She urged the Village to try other methods of eliminating the geese. Ann Muller, P.O. Box 562, New Paltz, a member of Wildlife Watch, stated that in 1994 she lived in Rockland County, where they wanted to kill the geese. They did it once but never again. Rockland County was convinced to implement non-lethal geese management procedures. She urged Scarsdale to follow suit and give up this notion of killing the geese and spare the community of all the dissension. Mary Cugliano, 33 Kincaid Drive, Yonkers, stated that the proposal to kill the geese is atrocious and she hoped the Village would change its mind. John Anastas, 3 Ivywood Place, Trumbull, Connecticut, promoted his invention, “Fear Wolf”, a two-dimensional picture of a wolf on corrugated plastic that works like a weather vane. He stated that it is low maintenance and scares the birds off. He developed this business approximately one year ago. He stated that this invention has worked on golf courses and dock areas. The birds just go somewhere else once they are scared off by the ‘wolf’. A resident of New Rochelle, stated that she has four grandchildren. In her opinion, geese are the best animals because they are good parents and they mate for life. They are very smart and intelligent and to kill them is outrageous. She stated that we have to save nature, not kill it. Steve Kaney, 168 Bell Road, stated that it seems to be fairly evident that killing the geese is not going to solve the problem. He asked the Board if they really want to kill geese? Nick Kenny, 19 Ross Road, stated that he lives a block away from the pond and is a 2001 graduate of Scarsdale High School. He stated that most people like the geese and many do not see this as a problem. In his opinion, it is a very small percentage of people that do not like the geese. Lynn Manheim, 168-11 12th Avenue, Whitestone, New York, stated that she guarded the geese in the city at Little Bay Park with Robin Gage. She noted that when the USDA began the geese management program in New York City it just disposed of the geese and using them to feed the poor was an afterthought. These animals are not raised to feed humans. She stated that if the Village adopts a more human plan, everyone will be happy. Mayor Flisser stated that as there are no further public comments, the Board will now move to the Public Hearing portion of the meeting. Village Board of Trustees 01-22-2013 P a g e | 18 ******** Public Hearings Trustee Brodsky explained that this is a continuation of the generator law hearing and the noise law hearing as it relates to permanent standby generators that began on Tuesday, January 8th. In connection with any comments anyone may have with respect to amendments to those laws, she stated that she wanted to note that the Board is considering at the end of this public hearing the possibility of further amending the law. At present the draft calls for side yard installations in A3, A4 and A5 Zoning Districts at 65 decibel levels and in rear yard installations of 70 decibel levels, and 70 decibels in side yards in Districts A1 and A2. Because of information the Board has received on different brands of generators, we are considering with respect to the side yard installations increasing the decibel level to 66 decibel levels in maintenance mode. With that background, Trustee Brodsky asked if there were anyone present who would like to address the proposed consideration of amendments to the generator zoning law and the generator noise law. Eliot Senor, 90 North Central Avenue, Hartsdale, stated that he is an engineer. He stated that sound rises as you get closer to the source of the sound and gave examples of how much higher a decibel level would rise the closer you get to a generator. He stated that noise abating fencing could be installed surrounding the generator and would reduce the noise levels. He submitted photos of this type of vinyl sided fencing and noted that for an 8’ x 12’ area, the fencing would cost approximately $1,200. Lisa Runyon, 102 Brown Road, noted her concerns about raising the noise levels in the law. She stated that she values her peace and quiet. The homes are very close together in her neighborhood on Brown Road. She said she had a neighbor with a temporary generator during the storm and it was very loud. Ms. Runyon stated that mufflers for the generators are available – there is no room to screen generators in her neighborhood. She also suggested that generators should not be run between the hours of 11: 00 p.m. and 7:00 a.m. so that people are able to sleep. Karen Brown, 29 Ferncliff Road, stated that she has had no heat and has been without power five times in eight years. She stated that she did not want to be penalized for living on a smaller lot. She deserves to be able to meet the minimum requirements of zoning. She implored the Village not to discriminate against those residents with smaller properties. She supports the decibel level change to 66 decibels. Noise is less of a concern than meeting the minimum zoning requirements. Henry Landau, 47 Chesterfield Road, explained how certain sounds create different decibel levels. Loud rain – 50 decibels; thruway traffic – 70 decibels, as examples he gave using a computer to generate the sounds. He asserted that noise is a health issue, not just a nuisance. It is important to be allowed to live without having your quality of life compromised. He urged the Board to not increase the decibel levels. Village Board of Trustees 01-22-2013 P a g e | 19 As there were no further comments offered, Trustee Brodsky closed the public comments portion of the Public Hearing. Trustee Brodsky moved the amendment to the draft that was before the Board with respect to both Chapter 310 – Zoning of the Village Code, and the related provision with respect to the Noise ordinance. Specifically first with respect to Zoning, that on side lot installations we increase the allowable decibel level in maintenance mode from 65 to 66 decibels; seconded by Trustee Eisenman and carried by the vote indicated below: AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Harrison Trustee Lee Trustee Mark Trustee Steves Mayor Flisser Trustee Harrison stated that he was not opposed to this amendment; he discussed the generator screening issue and added that there are generators that are manufactured at lower decibel levels. However, he did note that the increase in decibel level offered residents more flexibility. Trustee Brodsky then moved the adoption of Chapter 310 of the Village Code, as amended pertinent to standby permanent generators, seconded by Trustee Mark. Trustee Harrison moved to make an amendment to the proposal, specifically Item #8, that would state as follows: “Noise abatement barriers should be installed on three sides of permanent standby generators”. There was no second to the motion. Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following Local Law #1, 2013 - Amending Chapter 310 – “Zoning” of the Village Code, was approved by the vote indicated below: A Local Law Amending Chapter 310 Of the Scarsdale Village Code, Entitled “Zoning” A Local Law amending Chapter 310 of the Scarsdale Village Code relative to Permanent Standby generators. BE IT ENACTED by the Scarsdale Village Board of Trustees as follows: Section 1. § 310-2 Definitions Village Board of Trustees 01-22-2013 P a g e | 20 Permanent Standby Generator – A back up electrical system powered by a permanent fixed fuel source, including but not limited to natural gas, liquid propane or diesel that has (i) an automatic transfer switch and (ii) is installed in compliance with all federal, state and local laws, including the New York State Uniform Fire Prevention and Building Code (including all referenced codes and standards),as amended from time to time. Section 2. § 310-7 Residence A Districts S. Permits residents to install and maintain permanent standby generators in a safe manner and in compliance with all applicable rules, regulations, codes and laws. The installation of permanent standby generators shall be incidental to the residential use and shall be for the exclusive use of the occupants of such principal or accessory building and their guests. This section does not regulate or authorize the use of portable generators. Permanent standby generators are subject to all of the following: (1) All property owners seeking to install a permanent standby generator must file an application with the Building Department prior to installation. Permanent standby generators shall not exceed 70 decibels on the A scale as measured 23 feet from the unit, in maintenance operation as stated in the manufacturer’s specifications, which shall be submitted with the building permit application (2) Permanent standby generators must be placed in the principal or accessory building or in an underground facility constructed purposely to house a generator or in the rear or side yard of any property, except that permanent standby generators placed in the side yard in the A3, A4 and A5 zoning districts shall not exceed 66 decibels on the A scale as measured 23 feet from the unit, in maintenance operation as stated in the manufacturer’s specifications, which shall be submitted with the building permit application. (3) Permanent standby generators shall be set back from the rear lot line at least: (a) In a Residence AA-1 District: 15 feet. (b) In a Residence A-1 District: 10 feet. (c) In a Residence A-2, A-2a or A-3 Districts: five feet. (d) In a Residence A-4, A-5 Districts: three feet. (4) Permanent standby generators shall be set back from the side lot line at least: (a) In a Residence AA-1 District: 20 feet. (b) In a Residence A-1, A-2 or A-2a District: 10 feet. (c) In a Residence A-3 District: five feet. (d) In a Residence A-4, A-5 Districts: three feet. (5) The permanent standby generator shall be used only during electrical power outages and as required by the manufacturer for maintenance purposes. Maintenance operation shall only take place Monday through Friday between the hours of 8:00 a.m. and 9:00 p.m., and on Saturday, Sunday and holidays from 10:00 a.m. and 5:00 p.m., not to exceed once a week. Village Board of Trustees 01-22-2013 P a g e | 21 (6) All permanent standby generators must have an electrically operated automatic transfer switch that can be mechanically held pursuant to Article 700.5 of the National Electric Code. (7) Applicants for a permanent standby generator shall obtain all permits as required under federal, state and local laws, including the New York State Uniform Fire Prevention and Building Code and the Scarsdale Village Code, as amended from time to time. (8) All permanent standby generators shall be installed and maintained in compliance with all federal, state and local laws, including the New York State Uniform Fire Prevention and Building Code (including all referenced codes and standards), as amended from time to time. (9) The Village Board of Trustees may, by resolution, impose a fee for the filing of the application as required under Subsection S (1). Section 3. This local law shall take effect upon filing with the Secretary of State. AYES NAYS ABSTAIN ABSENT Trustee Brodsky None Trustee Harrison None Trustee Eisenman Trustee Lee Trustee Mark Trustee Steves Mayor Flisser ******** Before his vote, Trustee Steves stated that he would vote ‘yes’ because he thinks this is the best law the Board could put forward with respect to the generator issue given all the mechanical and administrative issues associated with it. He noted that there were a number of public hearings and the Board did its best to balance all concerns of residents. He stated that none of us should expect that this will provide a quiet community in the midst of a storm or that the difference between 65 and 70 decibels is going to eliminate all people’s concerns about noise. The generators will create noise; the wish of the community appears to be to have permanent generators. He echoed a statement by the City of White Plains Mayor regarding the noise from the generators – “This is a time when the community has to be considerate of their neighbors in terms of the size of the generator they feel that they need, the times that they run it, the positioning of it”. Indeed, people have rights to do things but they have neighbors as well, and Trustee Steves stated that he hoped that within the limitations of any law, that the implementation of this law, that people will recognize the concerns of their neighbors. Mayor Flisser reminded everyone that the Board started working on this in 2011. There were four public hearings by the Planning Board and the Village Board held five Village Board of Trustees 01-22-2013 P a g e | 22 public hearings. There has been ample time for discussion and amendments. Most of the correspondence that she has received has urged the Board to pass the generator law. ******** Trustee Brodsky next addressed the local law amending Chapter 205 of the Village Code – “Noise”, as it relates to permanent standby generators. She again moved to amend the provisions specifically in Subparagraph ‘B’ so that in A3, A4, and A5 Zoning Districts in side yard installations the decibel level in maintenance operation would be increased from 65 decibels to 66 decibels, seconded by Trustee Eisenman and carried by the vote indicated below: AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Harrison Trustee Lee Trustee Mark Trustee Steves Mayor Flisser Upon motion entered by Trustee Brodsky, seconded by Trustee Eisenman, the following Local Law #2, 2013 - Amending Chapter 205 of the Village Code – “Noise” was adopted by the vote indicated below: A Local Law Amending Chapter 205 of the Scarsdale Village Code, entitled “Noise” BE IT ENACTED by the Scarsdale Village Board of Trustees as follows: Section 1. Chapter 205-3 shall read as follows: § 205-3. Special equipment. A. It shall be unlawful for any person in the operation of any air-conditioning equipment or part thereof or any other type of mechanical equipment or apparatus installed on or connected to a structure, other than a permanent standby generator, as defined in §310-2 of Chapter 310, Zoning, to make, continue or cause to be made excessive noise so as to cause annoyance, inconvenience or detriment to the public or to any person or persons. Noise shall be considered excessive if the sound level from the air-conditioning unit or any other type of mechanical equipment or apparatus installed on or connected to a structure, other than a permanent standby generator, exceeds 55 decibels as measured on the A, scale of a General Radio Company Type 1565-A level meter or American National Standards Institute, Inc. approved equivalent, when the meter is located at a point not nearer than the property line nearest to such air- conditioning unit, mechanical equipment or apparatus. Village Board of Trustees 01-22-2013 P a g e | 23 B. Permanent standby generators shall not exceed 70 decibels on the A scale as measured 23 feet from the unit, in maintenance operation as stated by the manufacturer’s specification, which shall be submitted with the building permit application, and as provided by Chapter §310-7S, except that permanent standby generators placed in the side yard in the A3, A4, and A5 zoning districts shall not exceed 66 decibels on the A scale as measured 23 feet from the unit. C. If, as a result of a test initiated by the property owner or by order of the Village, the air-conditioning equipment, mechanical equipment or apparatus installed on or attached to premises, including permanent standby generators, is found to violate the terms of this chapter, the operation of said equipment or apparatus shall be discontinued immediately and not resumed unless proper corrections have been made and approved by the Building Inspector. Section 2. This local law shall take effect upon filing with the Secretary of State. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Harrison Trustee Lee Trustee Mark Trustee Steves Mayor Flisser ******** Trustee Harrison complimented Trustee Steves for his comments that we are all residents and should be cognizant of being considerate. He also complimented the Planning Board on their work with this item as well as Trustee Brodsky for her work on this. Although he has a disagreement regarding the noise abatement, he noted that he respected the work put forth on this issue by all involved. ******** Finance Committee Trustee Steves reported on the Statements of Expense and Revenue for December 2012. General Fund appropriations were 59.14% spent as of December 2012, which is down 0.8% from 59.94% in 2011-2012. The figures include the cleanup from Hurricane Sandy. General Fund revenues other than property taxes are $9,821,473 through December 2012, a decrease of $428,164. After adjusting for the sale of land related to the Crane Road Bridge Project, revenue other than property taxes is actually up $474,800. Revenue from Parking Permits and Meter Revenue continues to be steady, showing an Village Board of Trustees 01-22-2013 P a g e | 24 increase of $117,200. Revenue from delinquent taxes is also up $148,900 compared to last year as the Village continues its collection efforts for delinquent taxes. Miscellaneous revenue included a one-time receipt of $75,000 from Boulder Brook based on the Village’s agreement with them. Other revenue categories increased over last year: revenue from Licenses and Permits increased $66,500 over last year offsetting declines in investment earnings ($27,100) and Mortgage tax revenue ($38,400). Decreases in revenue from Department Fees of $7,800 are offset by Court fines. The actual collection of Village taxes through December 31, 2012 is 98.76% which is down 0.5% from the 2011 collection percentage of 99.26%. ******** Upon motion entered by Trustee Steves, and seconded by Trustee Eisenman, the following resolution to set a public hearing on a local law authorizing a real property tax levy in excess of the “2% Cap” was approved by a unanimous vote: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Tuesday, February 13, 2013, at 8:00 p.m. to review a local law authorizing the Board of Trustees to adopt a budget for the 2013-2014 Fiscal Year that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c, as attached hereto and made a part hereof; and be it further RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. ******** Upon motion entered by Trustee Steves, and seconded by Trustee Eisenman, the following resolution regarding authorization to participate in the U.S. Communities Purchasing Alliance was approved by a unanimous vote: WHEREAS, In the ongoing effort to reduce Village costs for goods and services in compliance with New York State purchasing laws and the Village’s Internal Control Policy, Village purchases are secured through competitive bidding, New York State Contract Pricing and various intermunicipal agreements ; and WHEREAS, New York State recently amended the General Municipal Law as it relates to participation in purchasing contracts allowing municipalities the opportunity to participate in certain federal contracts as well as contracts let by out of state political subdivisions (cities, towns, villages, counties, states); and Village Board of Trustees 01-22-2013 P a g e | 25 WHEREAS, the U.S. Communities Purchasing Alliance is a government purchasing cooperative that reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide; and WHEREAS, this is accomplished through the execution of so-called Master Intergovernmental Cooperative Purchasing Agreement between “Lead Public Agencies” who competitively solicit goods and services and “Contract Suppliers” who supply said goods and services, and WHEREAS, in accordance with the U.S. Communities Alliance, Master Agreements are made available by Lead Public Agencies to “Participating Public Agencies” who may purchase the goods and services available through the agreements under the same terms, conditions and pricing provided to the Lead Public Agencies, and WHEREAS, there is no cost to Public Agencies participating in the U.S. Communities Purchasing Alliance and as a Participating Public Agency, the Village of Scarsdale is afforded another competitive pricing approach to procuring goods and services; now therefore be it RESOLVED, that the Village Manager is herein authorized to register the Village of Scarsdale as a member in the U.S. Communities Purchasing Alliance. ******** Land Use Committee Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution to set a public hearing on amendments to the Village Code – Chapter 310 – “Zoning” regarding the official map was approved by a unanimous vote: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Tuesday, February 13, 2013, at 8:00 p.m. to review amendments to Village Code Chapter 310 entitled “Zoning” regarding the official zoning map, attached hereto and made a part hereof; and be it further RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. ******** Village Board of Trustees 01-22-2013 P a g e | 26 Trustee Mark noted that the Zoning Map does get amended from time to time and has been amended over the years. Those amendments are filed with the Village Clerk as required. This public hearing is being held to amend the Village Code so that the Official Village Map on file and as reflected in the Code reflects those duly filed amendments. This is not changing anything on the Zoning Map, it is only a technical correction. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding authorization to execute a License Agreement for 48 Saxon Woods Road was adopted by the vote indicated below: WHEREAS, Sandeep and Purvi Shah (“Licensee”) are the owners of a certain property known as 48 Saxon Woods Road, identified on the Village of Scarsdale Tax Map as Section 21, Block 01, Lot 5C.1; and WHEREAS, on July 26, 2010, Building Permit #141658 was issued for an addition/alteration to remove and replace both the deck and driveway, remodel the basement, replace the roof and install four stone piers; and WHEREAS, when the Licensee originally submitted their plans for an addition/alteration, the proposed four (4) stone piers were shown on the plans to be constructed on their property however after the final survey was submitted for Village review, it was determined that the four (4) stone piers encroached on the Village right-of- way in the grass area between the property line at 48 Saxon Woods Road and the curb; and WHEREAS, because this encroachment consists of the licensing and maintenance of a private structure within the public right-of-way, the perpetuation of same requires a license agreement with the Village of which the Licensee is desirous of obtaining; and WHEREAS, the four (4) stone piers, located in the grass portion of the public right-of-way on Saxon Woods Road on opposite sides of the circular driveway, are approximately two (2’6”) feet six inches wide and three (3’) feet high; and WHEREAS, the Village Engineer visually inspected the area and recommended to the Village Attorney the granting of a revocable license agreement, as the four (4) stone piers did not create a visual obstruction or hazard, said recommendation conditioned upon Village Board of Trustees 01-22-2013 P a g e | 27 the Licensee complying with certain conditions and requirements set forth in said license agreement; and WHEREAS, the Village is desirous of accommodating the Licensee by granting a revocable license agreement to permit the maintenance, at the Licensee’s expense, of four (4) stone piers in the Village right-of- way in accordance with the associated plan prepared by Richard J. Domato dated July 24, 2012, and attached as Exhibit “A” of said License Agreement, attached hereto and made a part hereof; and WHEREAS, the Licensee is responsible for all future maintenance and repairs of the four (4) stone piers in the Village right-of-way and the payment of all fees associated with the construction and inspection work; and WHEREAS, Licensee will indemnify and hold harmless the Village in all actions, claims, judgments, costs or expenses arising from said maintenance and use of the four (4) stone piers and provide the Village with a certificate of liability insurance naming the Village as an additional insured, at limits approved by the Village Attorney; and WHEREAS, the granting of said revocable license agreement will not interfere with the Village’s present and future use and maintenance of said Village right-of-way; now therefore be it RESOLVED, that the Village Manger is herein authorized to execute a revocable license agreement, in substantially the same form as attached hereto, with Sandeep and Purvi Shah of 48 Saxon Woods Road, Scarsdale N.Y. 10583, identified on the Village Tax map as Section 21, Block 01, Lot 5C.1, to maintain four (4) stone piers located in the Village right-of-way, in accordance with a survey prepared by Richard J. Domato dated July 24, 2012, and included as Exhibit “A” of said License Agreement, attached hereto and made a part hereof; and be it further RESOLVED, that Licensee herein agrees to indemnify and hold the Village of Scarsdale harmless in all actions, claims, judgments, costs or expenses arising from said installation, maintenance and use of the four (4) stone piers; and be it further RESOLVED, that the Licensee shall pay the Village the sum of $500.00 as an administrative fee associated with the preparation and execution of said license agreement, pursuant to the Fiscal Year 2012/13 Village-Wide Fees and Charges schedule. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Village Board of Trustees 01-22-2013 P a g e | 28 Trustee Harrison Trustee Lee Trustee Mark Trustee Steves Mayor Flisser ******** Personnel Committee Upon motion entered by Trustee Harrison, and seconded by Trustee Mark, the following resolution regarding authorization to execute a Collective Bargaining Agreement with the Civil Service Employees Association (“CSEA”) Library was adopted indicated by the vote below: WHEREAS, the Village of Scarsdale (“Village”) and the CSEA Library, Local 1000 AFSCME AFL-CIO Westchester Local 860 (“CSEA”) are parties to a Collective Bargaining Agreement (“CBA”) that expired on May 31, 2012; and WHEREAS, the Memorandum of Agreement (“Memorandum”) between the Village and the CSEA dated December 13, 2012 regarding the terms and conditions of employment, for the period June 1, 2012 through and including May 31, 2015 has been recently approved by the CSEA Unit membership and is being presented for approval by the Village of Scarsdale Board of Trustees; and WHEREAS, the Scarsdale Library Board reviewed and unanimously endorsed the Memorandum at their January 14, 2013 meeting; now therefore be it RESOLVED, that the Memorandum between the Village and the CSEA dated December 13, 2012, regarding the terms and conditions of employment, for the period June 1, 2012 through and including May 31, 2015 is hereby approved; and be it further RESOLVED, that the Village Manager and Human Resources Director are hereby authorized to execute a Collective Bargaining Agreement for the period June 1, 2012 through and including May 31, 2015 between the Village of Scarsdale and the CSEA Library, Local 1000 AFSCME AFL-CIO Westchester Local 860 incorporating the terms and conditions of said Memorandum of Agreement. ******** Other Committee Reports Village Board of Trustees 01-22-2013 P a g e | 29 None. ******** Liaison Reports Trustee Harrison reported that as liaison to the Scarsdale Chamber of Commerce, he attended a meeting of the Chamber this evening. He stated that Lynn and Ira Wilson of Wilson Jewelers presented an announcement that the Scarsdale Rotary will be having its annual wine tasting event on March 21st from 6:00 to 8:00 p.m. at the Women’s Club for $65.00 per person. The funds will be going to charities and scholarships. For further information visit www.Scarsdalerotary.org. ******** Written Communications Village Clerk Conkling reported that three (3) written communication were received since the last meeting and after preparation of the agenda: • An email from Ronald Silverman, 35 Tompkins Road in support of the proposed generator regulations. • An email from Bob and Lisa Eatroff, 7 Vernon Road in support of permanent generator regulations that will encourage reasonable installation. • A petition of 247 signatures from the Scarsdale Middle School 8th Grade in opposition to the proposed geese mitigation plan. ******** Future Meeting Schedule Ms. Flisser announced the following future meeting schedule: • January 23, 2013 – Committee of the Whole – 5:30 P.M. – Trustees’ Room • January 24, 2013 – Joint Meeting of the Village and School Board – 6:30 P.M. – Scarsdale Public Library • January 28, 2013 – Personnel Committee – 6:30 P.M. – Trustees’ Room • January 28, 2013 – Committee of the Whole – 7:30 P.M. – Trustees’ Room • February 13, 2013 – Committee of the Whole - 6:30 P.M. – Trustees’ Room • February 13, 2013 – Agenda Meeting – 7:30 P.M. – Trustees’ Room • February 13, 2013 – Board of Trustees – 8:00 P.M. – Rutherford Hall • February 27, 2013 – Law Committee – 6:00 P.M. – Trustees’ Room Village Board of Trustees 01-22-2013 P a g e | 30 FY 2013/14 Budget Sessions Wednesday, February 6, 2013 – 10:30 A.M. – Trustees’ Room Thursday, February 7, 2013 - 6:30 P.M. – Trustees’ Room Thursday, February 14, 2013 – 6:30 P.M. – Trustees’ Room Monday, March 11, 2013 – 6:30 P.M. – Trustees’ Room ******** Village Hall Schedule • Tuesday, February 12, 2013 – Lincoln’s Birthday – Village Hall Closed • Monday, February 18, 2013 – President’s Day – Village Hall Closed ******** There being no further business to come before the Board, the Village Board Meeting adjourned at 9:40 P.M. on a motion entered by Mayor Flisser, seconded by Trustee Eisenman and carried unanimously. Donna M. Conkling Village Clerk