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Board of Trustees

Regular Meeting

Scarsdale, NY · April 9, 2013

AgendaMinutes

Minutes

Village Board of Trustees 04-09-2013 P a g e | 92 THREE THOUSAND ONE HUNDRED SEVENTY-NINTH REGULAR MEETING Rutherford Hall Village Hall April 9, 2013 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, April 9, 2013 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Eisenman, Lee, Mark, Martin, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Treasurer McClure, Village Clerk Conking, Assistants to the Village Manager Azrelyant and Datino, and Administrative Intern Goodwin. ******** The minutes of the Board of Trustees Regular Meeting of March 27, 2013 were approved on a motion entered by Trustee Mark, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Brodsky stated that she had audited the Abstract of Claims dated April 9, 2013 in the amount of $825,894.02 which includes $10,565.27 in Library Claims previously audited by a Trustee of the Library Board were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Mark and seconded by Trustee Eisenman, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated April 9, 2013 in the amount of $825,894.02 is hereby approved. Trustee Brodsky further stated that payment of bills made in advance of a Board of Trustees audit totaling $249,265.55 were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Brodsky and seconded by Trustee Eisenman, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $249,265.55 is hereby ratified. Village Board of Trustees 04-09-2013 P a g e | 93 ******** Mayor’s Comments Mayor Steves stated that the Board has received an email expressing concern about employment of DAS equipment. Later on in the meeting, just before public comments, Trustee Brodsky will read the Village’s clarification on this issue. Last Friday, Police Chief John Brogan was sworn in as the new President of the Westchester County Chiefs of Police Association. Mayor Steves stated that he had the honor of swearing him in and would like to extend the congratulations of the entire Board and the entire community for this honor which not only reflects on Chief Brogan, but the entire Police force. Last Thursday, Mayor Steves attended the Greenacres Neighborhood Association’s Annual Town Hall meeting. The Neighborhood Associations in general play a major role in bringing issues to the attention of the Board. He urged the community to be active in their neighborhood associations. With all of the issues facing the Village, however, he stated that it was a little distressing that one of the topics of concern broadly expressed at the meeting was the failure of people to clean up after their pets. There was also a discussion of the Village’s role in enforcing these laws. In his observation, the Village could more aggressively enforce the laws and could have the Animal Control Officer stake out the playing fields to ensure that the laws are in force. However, this is not how the Village should be using its limited resources. We are a community, and a community requires that we do certain things as a matter of basic courtesy. Cleaning up after your pet is about as basic as it gets. This evening, much of the agenda is related to the Annual Organizational requirements for the Board and the Village. We are a new Board and Mayor Steves stated that he would like to welcome the new Trustees, Bill Stern and Tom Martin. This evening we will appoint committee assignments for the Board. Much of the work that the Board does is done at the Committee level. Committee meetings are open to the public; times and places are posted for the public’s information. Mayor Steves encouraged residents to attend if there is a topic of interest on the agenda. We will also approve Liaison assignments for various Boards and Councils. A Trustee is assigned to each of the Boards to ensure timely flow of information between the many Boards, Councils, and Advisory Boards, and back to the Trustees. Mayor Steves stated that as noted before, neighborhood associations are an important part of the flow of information in the community. At this meeting, we will also assign Trustees to the various neighborhood associations. There will also be some Village housekeeping; newspaper designation, reappoint some of the senior officials; starting a new year. On April 27th, from 10:00 a.m. to 2:00 p.m., the Scarsdale Police Department and the Drug Enforcement Administration will give the public an opportunity to prevent pill abuse by ridding their homes of potentially dangerous unwanted and unused Village Board of Trustees 04-09-2013 P a g e | 94 prescriptions. Bring the medication for disposal to Scarsdale Village Hall. The service is free and anonymous. After the Manager’s comments, the Board will hold a public hearing on the proposed Tentative 2013-2014 Budget. The Budget is available to the public at the Scarsdale Library and on line at the Village’s website, www.scarsdale.com. The Finance Committee and the Board will meet on April 18th at 6:30 p.m. to discuss comments heard at this meeting and any additional input from the Trustees with respect to the Budget. There is still time for public input. ******** Manager’s Comments None. ******** Public Hearing Mayor Steves opened the public hearing on the Fiscal Year 2013-2014 Tentative Budget for comment. Joan Frankel, 11 Rectory Lane, representing the League of Women Voters gave the following report: “The League of Women Voters of Scarsdale (the “League” or “LWVS”) held a membership meeting on Monday, April 1, 2013 to evaluate the 2013-2014 Tentative Village Budget. We thank Village Manager Al Gatta, Village Treasurer Mary Lou McClure and Trustee Stacey Brodsky for attending the meeting and addressing our questions related to the proposed budget, as well as potential issues going forward. The League supports the proposed FY 2013-14 budget and commends the Village staff, former Mayor Miriam Levitt Flisser, the Board of Trustees (the “Board”) and it’s Finance Committee for a budget that meets the stated goal of continuing to provide services to the community at a level consistent with prior years while minimizing spending. The League understands that it was necessary for the Board to vote to allow an increase in the 2013-14 budget that exceeds the state-mandated 2% tax cap. The estimated non-controllable costs of pension and health insurance in this budget account for an increase of $877,065 while the dollar amount over the tax cap is $538,209. The increase in the pension payment alone accounts for almost the entire amount in excess of the cap. The combination of the pension increase and the health insurance increase more than accounts for the excess over the cap. Deferral of Capital Maintenance Projects and Maintaining Municipal Service Levels We thank the Village for its capital planning to maintain debt service as level as possible. However, the League has concerns about the continued deferral of capital Village Board of Trustees 04-09-2013 P a g e | 95 maintenance projects. We recognize that this is a result of the efforts to minimize property tax increases in this current economic environment; however, it is not always prudent to continue to forego necessary maintenance and improvement projects. We recognize that the Village has walked a tight rope to maintain the current level of municipal services while reigning in tax increases, despite the substantial increases in uncontrollable costs, such as pension and health insurance costs. We understand the Village’s decision to defer capital expenditures during these trying economic times. However, we urge the Board to look critically at the potential ramifications of continued deferral of capital improvements. While we note the Board and the Village administration have strived to maintain services at the level to which residents are accustomed, we suggest that the Board reconsider whether the desire to maintain service levels should be the overriding determinant of budgetary decisions. We believe a reexamination of priorities may be useful at this time. The League is pleased to learn that Mayor Steves plans to engage the community in conversation to identify the services residents want and what we are willing to pay for, whether residents want to maintain Scarsdale as a “Village in the Park” and at what cost. The League has a strong interest in participating in a study, conducted with community input, regarding the continuation of a level of 2 services that are perceived to distinguish Scarsdale as a beautiful milieu with a small town community aura with attendant benefits, such as bi-weekly sanitation collection, leaf collection, park maintenance, summer concerts and Fourth of July fireworks. We note with concern that several union contracts (the Teamsters Public Works, Teamsters Trades, UFFA Firefighters, CSEA Clerical & Technical, and PBA) have already expired or will expire at the end of May 2013. In these cases, existing contract terms are retained until new contract terms are reached; however, the budget does not account for any retroactive obligations that may result from new contract terms. Sanitary Sewer Service Fee The League endorses the establishment of a Sanitary Sewer Fee. The League agrees that a designated fee, rather than a tax, will provide much-needed funds specifically targeted to maintain this vital part of Scarsdale’s infrastructure. Parts of our 85-mile sanitary sewer system date back ninety years, with a twenty-five year life expectancy. With a potential for dangerous environmental impacts as well as possible penalties from New York State for sanitary sewage waste seepage into the storm water system, it is imperative to have designated funds to repair, replace and maintain this system. The League also supports the stated goal that setting the Sanitary Sewer Service Fee based on water usage may increase awareness of residents about their water usage and perhaps encourage residents to conserve. We believe that a fee of $.30 per unit of water used, resulting in an estimated average annual fee of $60 per average residential property owner (based on the average current annual usage of 200 units of water or 149,800 gallons) is reasonable. The estimate is $360 for commercial establishments. Village Board of Trustees 04-09-2013 P a g e | 96 Tax Reassessment The League commends the Village for expeditiously moving forward with the property revaluation project. We are encouraged that Village management reports its satisfaction that, at this time, Tyler Technologies has collected data from 60 to 65% of Scarsdale homes with interior access to approximately 50% of these homes. The assessments are expected to be finalized in 2014 and put into effect with the 2015 tax bills. The League strongly encourages the Village to continue to keep its residents apprised of the progress of and the forecast timeline for the property revaluation project. Storm Drainage Projects The League encourages the continuation of the storm drainage projects such as the Sheldrake River Drainage project. We commend the Village management for taking the initiative to seek grants whenever possible. The League greatly appreciates the assistance and cooperation that was extended to us in our study of the proposed budget. We commend the professionalism and diligence with which the Village Manager, Treasurer, former Mayor Levitt Flisser and the Trustees approached the budget development process. Thank you for considering our comments as you finalize the budget.” Mayor Steves thanked the League for its work on the Budget. As there were no further comments, Mayor Steves closed the public hearing at this time. ******** Mayor Steves stated that before the agenda item of Public Comments is opened, due to concerns regarding the DAS process where an email was received from a number of people, the Board thought it would be helpful to outline where the Board believes the process is now and what the efforts of the Village are with respect to the DAS process. In anticipation of public comment regarding this subject, Mayor Steves requested that Trustee Brodsky address this with the following statement: Trustee Brodsky read the following statement: “Questions have been raised in an email that is circulating in the Village about a proposed amendment to the zoning code relating to distributed antenna systems (“DAS”). This statement is an effort to explain the process that is underway with respect to this proposal. It is important to state at the outset that no change can be made to the zoning code without a process that provides ample opportunity for community input. Crown Castle Corporation (“CCC”) has proposed to amend Village zoning laws to allow for the installation of DAS technology in Scarsdale. For simplicity’s sake, in this statement, the entity that is proposing these changes is consistently called CCC. The original corporate applicant was Next G, which was acquired by CCC shortly after the initial application was filed. Village Board of Trustees 04-09-2013 P a g e | 97 A DAS system is different from traditional wireless facilities that are typically located on tall cell towers. DAS uses smaller wireless antennas, sometimes referred to as nodes, that can be installed on existing or new utility poles, such as the Con Edison or Verizon poles that stand in the right of ways (“ROW”) along roads, or on existing monopoles, building roofs, or other structures. CCC builds and installs DAS infrastructure, including the antennas and fiber connecting the antennas, for the delivery of broadband services. CCC leases its DAS infrastructure to wireless providers. Under the existing zoning code, a wireless telecommunications facility cannot be located within 350 feet of “the nearest dwelling unit, school, day-care center, or place of worship as measured from the base of the support structure.” Scarsdale Village Code Sec. 310-79D(2). CCC seeks to distinguish DAS from other wireless facilities and to allow installation of its nodes within the Village ROW. Federal law governs telecommunications issues. Local municipalities are barred from prohibiting an entity’s ability to provide telecommunications services on any basis that discriminates between one entity and another with respect to the management of the local ROW or the regulation of the entity by means of other police powers. New York State law provides that a utility company must seek the consent of the local government to use the ROW. CCC has registered itself in New York State as “facilities-based provider and reseller of telephone services” and, as such, is claiming the right under federal law to be able to install its infrastructure in the Village ROW. There are many other federal and state laws and standards that are implicated by any proposed amendments to the zoning code that would involve DAS technology. As is obvious, this is a complex issue that has already been extensively studied by the Planning Board and continues to be studied. The following is a brief chronology of what has taken place to date. In late 2010, CCC approached the Village with a proposal to install DAS facilities within the Village ROW. Because this proposal did not meet the 350 foot distance requirement in the Village code, the issue was tabled. In late 2011, CCC submitted a proposed amendment to the zoning code to allow the installation of DAS technology within the Village ROW. This proposed amendment was submitted to the Village and considered by the Village Board on February 13, 2012. On that date, as is the case with all proposed amendments to the zoning code, the Village Board referred these proposed amendments to the Planning Board for review and recommendation. The Planning Board first considered the referral of the proposed amendments at its March 21, 2012 meeting. At that meeting, CCC representatives made a presentation about DAS technology, the proposed amendments to the code, and its intention to seek to install DAS nodes at 15 locations in Scarsdale. In response to this presentation, the Planning Board sought additional information from CCC and decided to schedule a separate work session, which was then held on May 7, 2012. To assist the Planning Board in understanding the framework of federal and state laws that are implicated by this proposal, the Planning Board requested the assistance of an attorney who specializes in telecommunications law. The Village retained Mr. Joe Van Village Board of Trustees 04-09-2013 P a g e | 98 Eaton of Best, Best & Kreiger, to advise the Planning Board. At the May 7, 2012 work session, Mr. Van Eaton explained the applicable laws and issues to the Planning Board. Mr. Van Eaton’s presentation is available on the Village website. CCC representatives also spoke at the meeting. The Planning Board then requested that the Village retain an engineering firm to evaluate the wireless coverage and the potential to use existing sites for the DAS nodes without amending the zoning code. The Village retained Columbia Telecommunications Corp. (“CTC”), a firm with extensive experience advising municipalities in wireless matters. CTC submitted a report dated December 12, 2012, that was transmitted to the Planning Board in January 2013. A copy of CTC’s report is also available on the Village website. On February 13, 2013, the Planning Board held another work session at which Mr. Lee Afflerbach of CTC presented CTC’s report. Mr. Van Eaton made a second presentation, and this presentation is also available on the Village site. At the end of the meeting, the Planning Board requested that Mr. Van Eaton inform them of policy options and draft specific zoning language, which the Board could review at a future work session, that is anticipated to be scheduled later this spring. Without notice to the Village about their activities, over a period of some months up to February 2013, CCC installed five DAS antennas on locations on New York State ROW: Rte. 22 at Edgewood Road Rte. 22 at Richbell Road Rte. 22 at Rugby Lane Rte. 125 at Secor Road Rte. 125 at 60 Palmer Road. According to CCC, these installations are in lieu of five specific locations that it had requested in the Village ROW. When the Village learned of these installations – through the complaints of residents – it requested that the New York State Public Service Commission determine whether CCC’s actions comply with New York State law and with CCC’s Certificate of Public Convenience and Necessity. If these installations are not in compliance with the law, Scarsdale will have the opportunity to seek a remedy. Scarsdale will also continue its careful review of the proposal to amend the zoning code. As has been the case with all Planning Board meetings and study sessions to date, future meetings about the proposed amendments will be publicly noticed and publicly held. In addition, no amendment to the Village Code can take place without a public hearing before the Village Board. Residents have spoken at the meetings that have already been held and are welcome at all future meetings. The email correctly notes that federal law expressly prohibits municipalities from considering health concerns when determining whether to allow a telecommunications installation. However, aesthetic guidelines, including the appearance of any antenna, equipment, newly installed poles, height, and separation of nodes and poles, may be addressed through local zoning. Additionally, under existing law, all wireless installations Village Board of Trustees 04-09-2013 P a g e | 99 require a Special Use Permit from the Planning Board. Applications for such permits are all publicly noticed and considered at public hearings. Factors that are considered by the Planning Board in issuing such Special Use Permits include what, if any, coverage gaps exist in Scarsdale for any wireless provider that seeks to install antennas or related equipment. Even if the zoning code were amended to permit DAS installations on the Village ROW, applications for each such installation would require the same notice and public hearing process that presently exists. In short, the process triggered by the proposed zoning amendments related to DAS technology is ongoing and any decision-making by the Village Board will only occur after the issues raised have been fully vetted and comments from all parties have been heard and taken into account.” Mayor Steves stated the Board will make every effort to keep the public informed of the progress as they work through this issue. This is a complicated issue as there are a number of regulatory layers involved. It is clear from Trustee Brodsky’s comments that between the Planning Board, Village Board, and the staff, we are on top of this issue and any questions should be directed to him at Mayor@scarsdale.com or any of the Trustees or the Village Manager, and a response will be given. ******** Public Comment Lewis Arlt, 45 Popham Road, representing the Scarsdale Chamber of Commerce, stated that the 2013 Fine Arts Festival will be held on May 18th and May 19th. He encouraged the Board to approve the resolution on this evening’s agenda for the proposed Fine Arts Festival. Organized by Paragon Fine Art Festivals, a wide array of juried fine art from around the country will be on display. The festival will be staged as it was last year on Chase Road in front of Chase Park and on Woodland Place adjacent to the park. The Chamber of Commerce feels that this location continues to provide a beneficial combination of easy access to the Village Center shops as well as a green, tree shaded setting. He thanked the Board for their support in the past and asked for their continued support this year. Mayor Steves noted that there is a resolution on the Board’s agenda this evening to approve this event. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Mayor Steves and the Board of Trustees ANNUAL MEETING RESOLUTIONS Village Board of Trustees 04-09-2013 P a g e | 100 The Mayor hereby appoints Trustee Jonathan Mark as Deputy Mayor, Trustee Katherine Eisenman as Police Commissioner and Trustee Stacey Brodsky as Fire Commissioner. **************** The Mayor also appoints the following Board of Trustee Committee assignments: Finance Committee Land Use Committee Law Committee Trustee Brodsky, CH Trustee Mark, CH Trustee Lee, CH Trustee Mark Trustee Eisenman Trustee Brodsky Trustee Martin Trustee Stern Municipal Services Personnel Committee Recreation Committee Committee Trustee Martin, CH Trustee Lee, CH Trustee Eisenman, CH Trustee Lee Trustee Eisenman Trustee Stern Trustee Martin Sustainability Committee Agenda Committee Trustee Stern, CH Mayor Steves, CH Trustee Eisenman All Trustees The Mayor is an ex-officio member of all committees. **************** The Mayor announces the following liaison assignments: Eisenman: Conservation Advisory Council, Friends of the Scarsdale Parks Mark: Board of Ethics, Board of Architectural Review; Planning Board; Board of Appeals, Committee for Historic Preservation Brodsky: Judicial Qualifications Advisory Committee, Village Historian, Library Board, Scarsdale League of Women Voters, Junior League of Central Westchester Lee: Advisory Council on Parks and Recreation, Scarsdale Edgemont Family Counseling, Advisory Council on Youth, Task Force on Drugs and Alcohol, Scarsdale Teen Center, Advisory Council on Scarsdale Senior Citizens, Scouts Martin: Town Board of Assessment Review, Council on People with Disabilities, SVAC, Scarsdale Arts Council Stern: Advisory Council on Technology, Cable Television Commission, Advisory Council on Human Relations, Chamber of Commerce Steves: Board of Education, Westchester Municipal Officials Association Village Board of Trustees 04-09-2013 P a g e | 101 Mayor Steves pointed out that the liaison assignments insure a flow of information between the Board of Trustees and its valuable Boards and Councils. ******** The Mayor announces the following Neighborhood Association assignments: Eisenman: Arthur Manor, Drake Edgewood, Heathcote Mark: Overhill, West Quaker Ridge, Greenacres Brodsky: Colonial Acres, Secor Farms, Fox Meadow Lee: Sherbrook Park, Old Scarsdale, Murray Hill/Middle Heathcote Martin: Bramlee Heights, Crane-Berkeley-in-Scarsdale Stern: East Heathcote, Quaker Ridge, Scarsdale Meadows Steves: SNAP ******** RESOLVED, that pursuant to the provisions of Section 57-1 of the Village Code, Alfred A. Gatta is hereby appointed Village Manager for the current official year, and be it further ******** RESOLVED, that pursuant to the provisions of Section 57-1 of the Village Code, Stephen M. Pappalardo is hereby appointed Assistant Village Manager for the current official year. Pursuant to provisions of Section 57-3 of the Village Code, the Village Manager hereby designates Stephen M. Pappalardo as Deputy Village Manager. ******** The Village Clerk states that pursuant to the provisions of Section 4-402 of Village Law, and the opinion of the State Comptroller 362, 1960, she hereby appoints Veronica Regazzi as Deputy Village Clerk for the current official year. ******** Pursuant to the provisions of Section 4-400 of the Village Law, the Mayor hereby appoints Maria Colotti as Deputy Village Treasurer for the current official year. Village Board of Trustees 04-09-2013 P a g e | 102 RESOLVED, that the appointment of Maria Colotti as Deputy Village Treasurer for the current official year is hereby approved. ******** Pursuant to the provisions of Section 4-400 of the Village Law, the Mayor hereby appoints Wayne Esannason as Village Attorney for the current official year. RESOLVED, that the appointment of Wayne Esannason as Village Attorney for the current official year is hereby approved. ******** Pursuant to the provisions of Section 3-301 and 4-400 of the Village Law, the Mayor hereby appoints Arlene Katz as Acting Village Justice for the current official year. RESOLVED, that the re-appointment of Arlene Katz as Acting Village Justice for the current official year is hereby approved. ******** Pursuant to the provisions of Section 11-c. of the New York State Domestic Relations Law, the Mayor hereby appoints Miriam Levitt Flisser and Carolyn Stevens as Marriage Officers for a two-year term ending April 6, 2015. RESOLVED, that the Marriage Officers shall receive no compensation for performing their duties, and be it further RESOLVED, that the appointment of Miriam Levitt Flisser and Carolyn Stevens as Marriage Officers for two-year terms ending April 6, 2015 or until such time as a successor is appointed, is hereby confirmed. ******** Pursuant to the provisions of Section 4-400 of the Village Law, the Mayor hereby appoints Eric Rothschild to serve as Village Historian for the current official year. RESOLVED, that the appointment of Eric Rothschild to serve as Village Historian for a term ending April 7, 2014 or until such time as a successor is appointed, is hereby approved. ******** The Mayor hereby appoints Barbara Josselsohn as a member of the Scarsdale Arts Council for a term ending April 6, 2015 or until such time as a successor is appointed. Village Board of Trustees 04-09-2013 P a g e | 103 Further, the Mayor hereby re-appoints Edward Morgan and Joan E. S. Uchitelle as members of said Council for terms ending April 6, 2015 or until such time as a successor is appointed. Further, the Mayor hereby appoints Edward Morgan as Chair of said Council for a term ending April 7, 2014 or until such time as a successor is appointed. ******** The Mayor hereby appoints William Ortner and Vanessa Brosgol as members of the Judicial Qualifications Advisory Committee for terms ending April 2, 2018 or until such time as a successor is appointed, and Further, the Mayor hereby re-appoints Roger Brandwein as a member of said Committee for a term ending April 2, 2018 or until such time as a successor is appointed. Further, the Mayor hereby appoints Paul Pickelle as Chair of said Committee for a term ending April 7, 2014 or until such time as a successor is appointed. Upon motion duly made by Mayor Steves, and seconded by Trustee Mark, the aforementioned appointments were approved by a unanimous vote. ******** Trustee Mark: RESOLVED, that the regular meetings of the Board of Trustees of the Village of Scarsdale for 2013-2014 be held in Rutherford Hall in Village Hall, located on Post Road, between Crane and Popham Roads, on the second and fourth Tuesdays of each month at 8:00 p.m. except during the months of July, August, and December, and that special meetings may be called by the Mayor as necessary, and be it further RESOLVED, that the meetings for the months of July, August, September, December 2013, and March 2014 will be as follows: July 9, 2013 8:00 P.M. July 23, 2013 8:30 A.M. (Limited Agenda) August 13, 2013 8:00 P.M. August 27, 2013 8:30 A.M. (Limited Agenda) December 10, 2013 8:00 P.M. December 24, 2013 8:30 A.M. (Limited Agenda) Village Board of Trustees 04-09-2013 P a g e | 104 March 11, 2014 8:00 P.M. March 25, 2014 8:30 P.M. and be it further RESOLVED, that the Agenda Committee of the Board of Trustees shall meet 30 minutes prior to every scheduled meeting of the Board, and be it further RESOLVED, that The Scarsdale Inquirer is hereby designated the official Village newspaper, and be it further RESOLVED, that Wells Fargo Bank, JP Morgan Chase, HSBC Bank and the Cooperative Liquid Assets Security System (CLASS administered by First Southwest/J.P. Morgan Asset Management) are hereby designated as official depositories of the funds of the Village of Scarsdale; and be it further RESOLVED, that pursuant to Section 10 of the General Municipal Law, the maximum amount which may be kept on deposit at each bank be set at $60 million, and the maximum amount which may be invested in CLASS and any other secured money market investment fund be set at $15 million. ******** BOARD OF ETHICS RESOLVED, that Jason Rifkin and Soknan Han Jung are hereby appointed to serve as members of the Board of Ethics for terms ending April 2, 2018 or until such time as a successor is appointed. RESOLVED, that Mary Lou McClure is hereby re-appointed to serve as a member of said Board for a term ending April 2, 2018, or until such time as a successor is appointed. RESOLVED, that Evelyn Stock is hereby appointed to serve as Chair of said Board for a term ending April 7, 2014, or until such time as a successor is appointed. ******** BOARD OF ARCHITECTURAL REVIEW RESOLVED, that Jack Scott Miller is hereby appointed to serve as a member of the Board of Architectural Review for a term ending April 4, 2016 or until such time as a successor is appointed, and be it further Village Board of Trustees 04-09-2013 P a g e | 105 RESOLVED, that Bana Choura is hereby appointed to serve as a member of said Board to fill the unexpired term of Richard Kadin, ending April 6, 2015 or until such time as a successor is appointed, and be it further RESOLVED, that Farley Baker is hereby re-appointed to serve as a member of said Board for a term ending April 4, 2016 or until such time as a successor is appointed, and be it further RESOLVED, that Carl Finger is hereby appointed to serve as an alternate member for a term ending April 4, 2016 or until such time as a successor is appointed, and be it further RESOLVED, that Georgene Mongarella is hereby re-appointed to serve as an alternate member for a term ending April 4, 2016 or until such time as a successor is appointed, and be it further RESOLVED, that Farley Baker is hereby re-appointed to serve as Chair of said Board for a term ending April 7, 2014 or until such time as a successor is appointed. ******** PLANNING BOARD RESOLVED, that James Blum and Tom Longman are hereby appointed to serve as members of the Planning Board for terms ending April 2, 2018, or until such time as a successor is appointed, and be it further RESOLVED, that Marc Samwick is hereby appointed to serve as an alternate member of said Board for a term ending April 2, 2018, or until such time as a successor is appointed, and be it further RESOLVED, that Seth Ross is hereby appointed to serve as Chair of said Board for a term ending April 7, 2014, or until such time as a successor is appointed. ******** BOARD OF APPEALS RESOLVED, that Mary Lou Green is hereby appointed to serve as a member of the Board of Appeals for a term ending April 2, 2018, or until such time as a successor is appointed, and be it further RESOLVED, that Jonathan Drescher is hereby re-appointed to serve as Chair of said Board for a term ending April 7, 2014, or until such time as a successor is appointed. ******** Village Board of Trustees 04-09-2013 P a g e | 106 COMMITTEE FOR HISTORIC PRESERVATION RESOLVED, that Abigail Olsen and William Silverman are hereby appointed as members of the Committee for Historic Preservation for terms ending April 4, 2016, or until such time as successors are appointed, and be it further RESOLVED, that Paul Diamond is hereby re-appointed as a member of said Committee for a term ending April 4, 2016, or until such time as a successor is appointed, and be it further RESOLVED, that Jennifer Constantin is hereby re-appointed to serve as an alternate member of said Committee for a term ending April 4, 2016, or until such time as a successor is appointed, and be it further RESOLVED, that Paul Diamond is hereby appointed Chair of said Committee for a term ending April 7, 2014 or until such time as a successor is appointed. Upon motion duly made by Trustee Eisenman, and seconded by Trustee Brodsky, the aforementioned resolution and appointments were approved by a unanimous vote. ******** Trustee Eisenman: CONSERVATION ADVISORY COUNCIL RESOLVED, that Laura Porosoff and Arthur Newman are hereby appointed to serve as members of the Conservation Advisory Council for terms ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Robert Falk is hereby appointed to serve as a member of said Council to fill the unexpired term of David Silberstein for a term ending April 7, 2014, and be it further RESOLVED, that Lee Fischman, Lena Crandell, Jeannie Mackler, and Julie Weinstein are hereby re-appointed to serve as members of said Council for terms ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Lee Fischman is hereby appointed as Chair of said Council for a term ending April 7, 2014, or until such time as a successor is appointed. Upon motion duly made by Trustee Brodsky, and seconded by Trustee Mark, the aforementioned appointments were approved by a unanimous vote. Village Board of Trustees 04-09-2013 P a g e | 107 ******** Trustee Brodsky: LIBRARY BOARD RESOLVED, that Terri Singer is hereby appointed to serve as a member of the Library Board for a term ending April 2, 2018, or until such time as a successor is appointed, and be it further RESOLVED, that Joan Bowen is hereby re-appointed to serve as a member of said Board for a term ending April 2, 2018, or until such time as a successor is appointed. Upon motion duly made by Trustee Brodsky, and seconded by Trustee Mark, the aforementioned appointments were approved by a unanimous vote. ******** Trustee Stern: ADVISORY COUNCIL ON TECHNOLOGY RESOLVED, that Michael Goldstein and Neil Pierson are hereby appointed as members of the Advisory Council on Technology for terms ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Bruce Wells, Paul Goldstein, Scott Rampala, and Randy Guggenheimer are hereby re-appointed as members of said Council for terms ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Bruce Wells is hereby re-appointed as Chair of said Council for a term ending April 7, 2014 or until such time as a successor is appointed. ******** CABLE TELEVISION COMMISSION RESOLVED, that Drew Hahn is hereby appointed to serve as a member of the Cable Television Commission for a term ending April 2, 2018, or until such time as a successor is appointed, and be it further RESOLVED, that Lorayne Fiorillo is hereby re-appointed to serve as Chair of said Commission for a term ending April 7, 2014, or until such time as a successor is appointed. ******** Village Board of Trustees 04-09-2013 P a g e | 108 ADVISORY COUNCIL ON HUMAN RELATIONS RESOLVED, that Margery Arsham, Alfredo Gonzalez, Jiyon Lee, Kathy Steves, and Jonathan Tamir are hereby re-appointed as members of the Advisory Council on Human Relations for terms ending April 6, 2015 or until such time as a successor is appointed, and be it further RESOLVED, that Michael Duncanson is hereby re-appointed as Chair of said Council for a term ending April 7, 2014, or until such time as a successor is appointed. Upon motion duly made by Trustee Mark, and seconded by Trustee Eisenman, the aforementioned appointments were approved by a unanimous vote. ******** Trustee Lee: ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Tara Greco and Nicholas Black are hereby appointed as members of the Advisory Council on Parks and Recreation for terms ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Gerard Varlotta, Shawn Singer, and Rochelle Waldman are hereby re- appointed as members of said Council for terms ending April 6, 2015 or until such time as a successor is appointed, and be it further RESOLVED, that Gerard Varlotta is hereby appointed as Chair of said Council for a term ending April 7, 2014, or until such time as a successor is appointed. ******** ADVISORY COUNCIL ON YOUTH RESOLVED, that Alexis Arinsburg and Robin Schiff are hereby appointed to serve as members of the Advisory Council on Youth for terms ending April 6, 2015 or until such time as a successor is appointed, and be it further RESOLVED, that Scott Altabet, Scott Bookner and Sheri Wolfe are hereby re- appointed to serve as members of said Council for terms ending April 6, 2015 or until such time as a successor is appointed, and be it further RESOLVED, that Evan Gross is hereby re-appointed to serve as Chair of said Council for a term ending April 7, 2014 or until such time as a successor is appointed. Village Board of Trustees 04-09-2013 P a g e | 109 ******** ADVISORY COUNCIL ON SCARSDALE SENIOR CITIZENS RESOLVED, that Eda Newhouse is hereby appointed to serve as a member of the Advisory Council on Scarsdale Senior Citizens for a term ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Carol Silverman, Norman Alterman, Janice Cohen, Barbara Greebel, Eunice Laughlin, Anita Malina, Jane Nussbaum, Dino Venuto, and Judy Watiker are hereby re-appointed to serve as members of said Council for terms ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Carol Silverman is hereby appointed to serve as Chair of said Council for a term ending April 7, 2014 or until such time as a successor is appointed. Upon motion duly made by Trustee Lee, and seconded by Trustee Eisenman, the aforementioned appointments were approved by a unanimous vote. ******** Trustee Martin: COUNCIL ON PEOPLE WITH DISABILITIES RESOLVED, that Norma Litman is hereby appointed to serve as a member of the Council on People with Disabilities for a term ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Marc Carter and Sue Adams are hereby re-appointed to serve as members of said Council for terms ending April 6, 2015, or until such time as a successor is appointed, and be it further RESOLVED, that Marc Carter is hereby appointed to serve as Chair of said Council for a term ending April 7, 2014 or until such time a successor is appointed. Upon motion duly made by Trustee Martin, and seconded by Trustee Eisenman, the aforementioned appointments were approved by a unanimous vote. ******** Mayor Steves stated that this is a good time to reflect on the wealth and depth of the volunteers in this community. This is a theme he plans to hit on through this year – this Village is great and it is because of the number of volunteers. These volunteers don’t look for recognition. However, the community can get a sense from the number of appointments this evening of what it takes to make this community work and of the Village Board of Trustees 04-09-2013 P a g e | 110 people who come out and volunteer. On behalf of the Board, Mayor Steves extended his thanks for their willingness to serve. ******** Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution regarding an Amendment to the Lease Agreement with Metro-North Commuter Railroad was adopted by the vote indicated below: WHEREAS, the Metro-North Commuter Railroad (Metro-North) or its predecessors lease from the Village of Scarsdale (Village) approximately 1,200 square feet of space in the Scarsdale Railroad Station for use as a ticket office and waiting room in conjunction with their railroad operation; and WHEREAS, the original lease agreement, dated September 29, 1961, has been amended three times to address permitted uses of the leased space, including subleasing, and trash removal; and WHEREAS, the terms of the lease agreement and amendments allow Metro- North to sublease 250 square feet of the leased space for a bank or newsstand provided that one half of the rent received is paid to the Village; and WHEREAS, based on the use limitations for this subleased space, Metro-North has been unable to locate a tenant and the space has been vacant for a number of years, and as such, Metro-North recently requested that the Village amend the lease agreement to allow for any and all uses permitted under the Village Zoning Code; and WHEREAS, the Village Attorney considered this request and has drafted a fourth amendment to the agreement, attached hereto and made a part hereof; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute the Fourth Amendment to the Village of Scarsdale lease agreement dated September 29, 1961 with the Metro-North Commuter Railroad on behalf of the Village of Scarsdale and undertake all associated administrative acts. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Village Board of Trustees 04-09-2013 P a g e | 111 Trustee Martin Trustee Stern Mayor Steves ******** Municipal Services Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding the Scarsdale Chamber of Commerce Fine Arts Festival was adopted by the vote indicated below: WHEREAS, the Scarsdale Chamber of Commerce has requested permission to hold a Fine Arts Festival in the Village Center on Saturday, May 18 and Sunday, May 19, 2013; and WHEREAS, this event will require the authorized use of Chase Park and the partial closure of Woodlands Place roadway from Chase Road to a point 300ft northeast (midblock) and Chase Road between Spencer Place and Christie Place; and WHEREAS, the Scarsdale Chamber of Commerce hosted a similar event in 2012 and the proposed location and event layout is a result of recommendations from local merchants, residents and Village staff and are substantially the same as the past show; and WHEREAS, the Scarsdale Chamber of Commerce membership overwhelmingly supports the 2013 Fine Arts Festival with additional support expressed by other Village Center merchants; and WHEREAS, participants in the Fine Arts Festival agree to furnish public liability insurance in a form and amount satisfactory to the Village Attorney naming the Village of Scarsdale as an additional insured against any and all claims, damages, or causes of action resulting from the use of Village owned land; and WHEREAS, all other licenses, permits for tents, assembly, amusement devices and sale of food must be secured by merchants and vendors prior to the event in accordance with applicable laws; and WHEREAS, the Village will be reimbursed for any additional costs incurred in conjunction with the Fine Arts Festival, including, but not limited to, Police personnel, DPW personnel and Fire and Building Inspectors, as indicated on the Event Permit form; and Village Board of Trustees 04-09-2013 P a g e | 112 WHEREAS, upon completion of the event, the participants will restore all public areas utilized to the same condition as existed before the Fine Arts Festival; now therefore be it RESOLVED, that the Scarsdale Chamber of Commerce is hereby authorized to utilize the Village-owned Chase Park, Woodlands Place roadway from Chase Road to a point 300ft northeast (midblock) and Chase Road between Spencer Place and Christie Place, for the purpose of holding the Westchester Festival of the Arts on Saturday, May 18 and Sunday, May 19, 2013, conditioned on the timely receipt of all aforementioned insurances, licenses and permits; and be it further RESOLVED, that the Village Manager is authorized to execute the attached Village Event Permit form and subsequent terms and conditions in substantially the same form as attached hereto and made a part hereof, subject to a deposit of $1,500.00 by Paragon Fine Arts Festival for additional Police personnel, DPW personnel and Fire and Building Inspectors; and be it further RESOLVED, that the $125.00 tent permit fee in conjunction with the Fine Arts Festival is herein waived by the Village Board subject to the event organizer filing an application with the Fire Department and obtaining subsequent approval pursuant to an inspection by the Fire Inspector and other authorized Department personnel. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Brodsky, the following resolution regarding VM Contract #1147 – Furnish and Deliver One (1) or more Leaf Machines(s), Leaf Vacuum Machine Parts and Leaf Collection Boxes was adopted by the vote indicated below: WHEREAS, the Village of Scarsdale through its Public Works Department annually collects fall leaves from Village residences, and WHEREAS, this leaf program necessitates the annual purchase of one (1) or more leaf vacuum machines or metal leaf boxes, as well as the Village Board of Trustees 04-09-2013 P a g e | 113 annual purchase of leaf vacuum machines parts to assist in the collection of the leaves, and WHEREAS, staff developed VM Contract #1147 - Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), Leaf Vacuum Machine Parts & Leaf Collection Boxes, which included three separate proposals: Proposal A – Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), Proposal B – Leaf Vacuum Machine Parts, and Proposal C – Furnish and Deliver Leaf Boxes; and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids for VM Contract #1147 - Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), Leaf Vacuum Machine Parts & Leaf Collection Boxes on March 1, 2013 and sent bid proposals to three (3) vendors and placed the contract on BidNet, and WHEREAS, on April 2, 2013, the bid opening date, three individual companies responded, and WHEREAS, there was one bid received for Proposal A, one bid received for Proposal B and two bids received for Proposal C, with the apparent low bid received for Proposal “C” deemed non- compliant with the bid specifications; and WHEREAS, the sole responsible bidder meeting bid specifications for Proposal “A” – Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), was Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716, for the unit bid price of $30,820.00, and WHEREAS, the sole responsible bidder meeting bid specifications for Proposal “B” – Leaf Vacuum Machine Parts, was Old Dominion Brush Company (ODB), 5118 Glen Alden Drive, Richmond, VA 23231, at the unit bid prices identified on the attached Bid Tabulation Sheet; and WHEREAS, the sole responsible bidder meeting bid specifications for Proposal “C” - Furnish and Deliver Leaf Boxes, was also ODB, for the unit bid price of $4,874.00, and WHEREAS, the Village has been satisfied with equipment previously purchased from Trius, Inc. and ODB; and WHEREAS, the contract term is three (3) years and subject to available budget appropriations in the FY 2013/14 and FY 2014/15 Operating or Capital Budgets, an additional leaf machine or leaf boxes may be purchased pursuant to the contract; now therefore be it Village Board of Trustees 04-09-2013 P a g e | 114 RESOLVED, that Proposal “A” of VM Contract #1147 - Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), Leaf Vacuum Machine Parts & Leaf Collection Boxes be awarded to the lowest responsible bidder meeting bid specifications, Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716, for the unit bid price of $30,820.00; and be it further RESOLVED, that the cost of the leaf machine be charged to FY 2012/13 General Fund Account # A-1490-HWY-LFCOL-200 20 and A- 1490-HWY-LFCOL-400-462 and charged to the same account(s) for FY 2013/14 and FY 2014/15 subject to the availability of adequate budget appropriations; and be it further RESOLVED, that the Village Manager is hereby authorized to execute Proposal “A” of VM Contract #1147 - Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), Leaf Vacuum Machine Parts & Leaf Collection Boxes on behalf of the Village of Scarsdale with Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716; and be it further RESOLVED, that Proposal “B” and Proposal “C” of VM Contract #1147 - Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), Leaf Vacuum Machine Parts & Leaf Collection Boxes be awarded to the lowest responsible bidder meeting bid specifications, Old Dominion Brush Company, 5118 Glen Alden Drive, Richmond, VA 23231, at the unit bid prices identified on the Bid Tabulation Sheet for Proposal “B”, attached hereto and made a part hereof, not to exceed budget appropriations and for the unit bid price of $4,874.00 for Proposal “C”; and be it further RESOLVED, that the cost of the leaf vacuum machine parts be charged to FY 2012/13 General Fund Account A-1490-HWY-LFCOL-400-462 with the leaf collection boxes charged to # A-1490-HWY- LFCOL-200 20 with said parts and boxes charged to the same account(s) for FY 2013/14 and FY 2014/15 subject to the availability of adequate budget appropriations; and be it further RESOLVED, that the Village Manager is hereby authorized to execute Proposal “B” and Proposal “C” of VM Contract #1147 - Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), Leaf Vacuum Machine Parts & Leaf Collection Boxes on behalf of the Village of Scarsdale with Old Dominion Brush Company, 5118 Glen Alden Drive, Richmond, VA 23231; and be it further RESOLVED, that all contract awards and unit bid prices be held for three (3) years; and be it further Village Board of Trustees 04-09-2013 P a g e | 115 RESOLVED, that the Village Manager is herein authorized to undertake all administrative acts as may be required under the terms of the contract. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves Trustee Eisenman noted after approval of this resolution that as you can see how much money the Village is spending on collecting leaves, this is a good time to remind everyone that the Village is trying very hard to get residents to recycle their leaves. The Village will be recycling, mulching our leaves in all our twenty-six (26) parks in this year, 2013. The Village is setting a good example for its citizens. She asked residents to request this of their gardeners. If they do it themselves, they should purchase a gator blade and try mulching their own leaves. It is extremely easy and information is on line at the Village website, www.scarsdale.com. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding VM Contract #1148 – Tree Stump Removal Services was adopted by the vote indicated below: WHEREAS, in accordance with the Village’s Trees Maintenance Program, approximately 200 trees are removed from Village property on an annual basis; and WHEREAS, in accordance with said program, the Village contracts for the removal/grinding of stumps from street trees removed from the public right-of-way; and WHEREAS, the Village has traditionally provided for these services with a private contractor through a formal bid process, which was completed for the last year through VM Contract #1128 – Tree Stump Removal Services; and WHEREAS, a new contract, VM# 1148- Tree Stump Removal Services was developed; and WHEREAS, on March 1, 2013, the Village Manager reports that he publicly advertised for the receipt of bids under VM Contract # 1148 – Village Board of Trustees 04-09-2013 P a g e | 116 Tree Stump Removal Services and sent bid proposals to two vendors and placed it on Bidnet.com; and WHEREAS, on the March 26, 2013 bid opening date, four bids were received; and WHEREAS, the apparent low bid meeting the specifications of VM Contract # 1148 – Tree Stump Removal Services, was received from Almstead Tree & Shrub Care Co, 58 Beechwood Avenue, New Rochelle, NY 10801, at $88.00 per stump removed; and WHEREAS, the term of the contract is for one (1) year with an option to renew for two additional one (1) year periods at the same bid price per stump; and WHEREAS, the senior arborist of Almstead Tree & Shrub Care Co stated that he understands the scope of work and is confident he can provide the necessary tree stump removal services at the stated bid price pursuant to the contract specifications; now therefore be it RESOLVED, that VM Contract # 1148 – Tree Stump Removal Services, be awarded to Almstead Tree & Shrub Care Co, 58 Beechwood Avenue, New Rochelle, NY 10801, for the bid price of $88.00 per stump removed; and be it further RESOLVED, that the costs be charged to General Fund Account # A-1490- HWY-SHDTR-400-458, not to exceed budgeted appropriations; and be it further RESOLVED, that pursuant to Section 2.12 of the Village Internal Control Policy, the Village Manager is hereby authorized and directed to execute VM Contract # 1148 – Tree Stump Removal Services on behalf of the Village of Scarsdale with Almstead Tree & Shrub Care Co, 58 Beechwood Avenue, New Rochelle, NY 10801; and be it further RESOLVED, that this contract may be extended by the Village Manager for two additional one (1) year periods subject to the same bid price and to the availability of adequate budget appropriations; and be it further RESOLVED, that the Village Manager is herein authorized to undertake any administrative acts required under the terms of the contract. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Village Board of Trustees 04-09-2013 P a g e | 117 Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Recreation Committee Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution to award VM Contract #1103 – Village Properties/Specialized Services – Change order was adopted by the vote indicated below: WHEREAS, the Board of Trustees at their meeting on March 22, 2011 adopted a resolution awarding VM Contract # 1103 “Village Properties: Applications/Specialized Services” to Almstead Tree and Shrub Care Company (Almstead), 58 Beechwood Ave., New Rochelle, N.Y. 10801; and WHEREAS, the contract was for two years (2011 and 2012) with an option to renew for one additional year, 2013, at the discretion of the Village Manager; and WHEREAS, each year to determine the protocol for the following year, soil samples and related analysis is conducted by Osborne Organics. Based on the results of the samples, recommendations are made for the maintenance including fertilization, aeration, seeding, additional work, and other related treatments keeping within our organic protocol. The proposal prices are broken down by item to allow for the most flexibility when putting together the program for the following year; and WHEREAS, in 2011, based on the soil sample results and recommendations by Osborne Organics, the Village paid $44,591 for Almstead’s services plus a change order in the amount of $5,460 for a grub control application which was not included in the proposal, and WHEREAS, in 2012, a protocol was developed and the Village paid $29,134.96 for their services and a change order for $5,125 for a grub control application, and WHEREAS, the total amount of change orders for this contract to date is $10,585 and in accordance with the Internal Control Policy, change order requests for contracts under $100,000 cannot exceed $10,000 without Village Board approval, and Village Board of Trustees 04-09-2013 P a g e | 118 WHEREAS, Village staff met with Almstead Tree and Shrub Care Company to discuss the protocol for the 2013 year and reviewed the work and specifications, and WHEREAS, for the 2013 season, the basic specialized services are estimated to be $44,955.75 and the following additional work needs to be included: • Pool complex and Crossway 3 ball field; treatment to reduce clover in the amount of $1,455, • Scout field and Boulder Brook field ; perform additional aeration, over seeding, supply and apply fertilizer in the amount of $2,515, • Memorial Garden; treatments for weeds, slice seeding, core aeration with compost , and over seeding in the amount of $3,951.86; and WHEREAS, the total amount for the 2013 season is $44,955.75 plus $7,921.86 for additional work which totals $52,877.61; now therefore be it RESOLVED, that the Village Board approves the change order request in the amount of $7,921.86 which will bring the total cost for 2013 to $52,877.61 with Almstead Tree and Shrub Care Company, 58 Beechwood Ave., New Rochelle, N.Y. 10801, and be it further RESOLVED, that the contract which expires at the conclusion of 2013 be rebid for the 2014 season. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Other Committee Reports None. ******** Liaison Reports None. Village Board of Trustees 04-09-2013 P a g e | 119 ******** Written Communications None. ******** There being no further business to come before the Board, on a motion entered by Mayor Steves, seconded by Trustee Eisenman and carried unanimously, the meeting adjourned at 9:10 P.M. Donna M. Conkling Village Clerk

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