Board of Trustees

Village Board of Trustees 04 -23-2013 P a g e | 120 THREE THOUSAND ONE HUNDRED EIGHTIETH REGULAR MEETING Rutherford Hall Village Hall April 23, 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 23, 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 April 9, 2013 were approved on a motion entered by Trustee Mark, seconded by Trustee Stern, and carried unanimously. ******** Bills & Payroll Trustee Eisenman stated that she had audited the Abstract of Claims dated April 23, 2013 in the amount of $1,106,025.74 which includes $58,560.42 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 Eisenman and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated April 23, 2013 in the amount of $1,106,025.74 is hereby approved. ******** Mayor’s Comments Mayor Steves stated that on Sunday, he attended the Westchester County Earth Day with John Goodwin, Administrative Intern and Jason Marra, Acting Superintendent of Parks and Recreation. The Village was given an award from Westchester County for its work in a mulching pilot program in two of our parks and which will be expanded. The leaves are mulched in place. The Village is encouraging gardeners and self-home gardeners to do this throughout the Village. It will enhance the environment, and perhaps reduce some cost. Village Board of Trustees 04 -23-2013 P a g e | 121 A number of weeks ago, there was a discussion before the Board about the extension of the parking meter enforcement beyond 6:00 P.M. That evening a number of members of the Chamber of Commerce spoke regarding the reasons that they felt this was not advisable. The Board listened and understood the importance of retaining the character of the downtown and to enhance the economics of the downtown. Therefore, as a result, this Fiscal Year the Village is not intending to extend the enforcement hours of the meters; the projected revenue will not appear in the budget. On Saturday, 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 prescriptions. Bring the medication for disposal to Scarsdale Village Hall. The service is free and anonymous. Mayor Steves urged residents to take advantage of this free service. Mayor Steves stated that this evening, the Board will pass upon the proposed Budget, which in his judgment is one of the most if not the most important thing this Board does, is the allocation of resources within the Village. The Board has been meeting since December and has invited the public to participate right from the very beginning of this process. The Board thanks the Forum and the League for their specific input in the process and assures them that the Board has listened to what they have suggested. There were some long term issues brought up by both the Forum and the League that the Board would like to address during the next budget discussion for the next Fiscal Year. ******** Manager’s Comments Village Manager Gatta stated that there has been solicitation in the Village through homeowners, via mail and/or phone selling an insurance product to protect homeowners for damage from leaks from a residential service line. The residential service line is the service line from the curb (curb box) to the house. There are two parts to the line – one is from the main in the street to the curb box, which is the Village’s responsibility. The other is the curb box to the house, water service line which is the homeowner’s responsibility. He stated that the Village is not part of this solicitation, does not support it, and does not encourage homeowners to consider it. The Village’s experience in water lines is that in many, many cases these lines can last decades (30-40 years) before there is a problem with it. This is not something that a homeowner needs to be concerned about. If anyone has questions about it they can contact the Water Department at 722-1138. Village Manager Gatta next recognized Village Attorney Esannason, who updated the Board on an Article 78 that had been pending in the Supreme Court. Village Attorney Esannason explained that in April 2012, Ogden Road Development filed an application for a 2-lot subdivision for a property located at 10 Ogden Road in Scarsdale. During the intake process, which is a process where the Building Inspector and the Village Planner take in applications and reviews them for conformance to the Village Code, the Building Inspector Village Board of Trustees 04 -23-2013 P a g e | 122 determined that the proposed subdivision application did not conform to the requirements of the Scarsdale Village Code and concluded that the proposed 2-lot subdivision would constitute two non-conforming lots. In response, the applicant appealed the Building Inspector’s interpretative ruling to the Zoning Board Appeals. The Zoning Board of Appeals held a hearing, and at the conclusion of that hearing adopted a resolution upholding the interpretation of the Building Inspector. In response to the Zoning Board of Appeals determination, the applicant then sought review of the Zoning Board of Appeals via the means of an Article 78 Proceeding in the Supreme Court. Approximately two weeks ago, the Village received a decision from the Supreme Court indicating that it was going to annul the resolution of the Zoning Board of Appeals and found that the Building Inspector’s interpretative ruling was arbitrary and capricious. Last week the Village filed a Notice of Appeal as well as a Notice of Entry indicating that the Village intended to appeal the Supreme Court’s decision. While the Village is appealing the Supreme Court’s Judge’s decision, and under the Civil Practice Law Rules, all proceedings for this particular subdivision application is stayed until the appeal is decided. ******** Public Comment Howard Nadel, Aspen Road, representing Fiscal Affairs Village Committee of the Scarsdale Forum, stated that they have worked very closely with the Mayor, the Trustees, Village Manager Gatta, and Village Treasurer McClure; it has been a great collaborative process and they are in support of the 2013/14 Fiscal Year Budget. He stated that they are also very excited about the prospect of working with Mayor Steves and Trustees Martin and Stern, addressing the long term fiscal issues of Village. He stated that in the long run, the Fiscal Affairs Committee believes that the true sustainability of Scarsdale will be fiscal solvency. Claudine Geçel, 10 Kent Road, stated that she sent everyone an email today about her concerns regarding property on Ogden Road. She stated that she appreciates that people are making the effort to not let this continue. They live right by the river and there will be more flooding as more trees are cut down. She spoke about when she addressed the Board in December about a property adjacent to hers that was razed and 16 trees cut down. She stated that there is a 7,000 sq. ft. home going up right next to her kitchen. She also stated that when house hunting she learned that Scarsdale has issued many permits to homes built on what looks like swamplands to her. The basements were all rotted and smelly; you could tell that they had been flooded. Ms. Geçel stated that she did appreciate that the Board is at least not going to let this house happen with this particular builder. Lika Levy, 21 Lockwood Road, stated that she would like to have a dialogue with the Board this evening. She welcomed the new Trustees on the Board. Ms. Levy noted that she has sent many emails to the Board. She asked Village Manager Gatta how the Village government works. Village Board of Trustees 04 -23-2013 P a g e | 123 Village Manager Gatta replied that he would be glad to do so; however, he did not think this evening would be the proper forum. He would be more than happy to sit down with her and discuss the structure, laws, and the Village’s relationship to other levels of government. Ms. Levy stated that the residents are not happy to see so many buildings being constructed. She noted that her birthplace, Istanbul, Turkey has gotten very built up over the years and stated that unfortunately, she is seeing a repeat of that in Scarsdale. To our detriment, lots are getting subdivided over and over again. Village Manager Gatta stated that it is obvious that Ms. Levy is not happy with the development of Scarsdale in the last decade. In response to her inquiry, he stated that the only thing that can be done about this is to look at the current Village laws to see if we are satisfied with them. If we are not satisfied with them we can amend them. If people are dissatisfied with some of the Village’s laws, they should look at them and suggest changes. Mayor Steves reiterated that the Board is aware that there are individuals who are not happy with the development and rate of development in Scarsdale. What the Board has to do is work within our laws, evaluate the laws, and understand all the interests of all the people in the Village. Development in the Village is not always the situation of some third party developer who lives far from here. A lot of the development is done at the request of people who purchase in Scarsdale and want to live here. That balance, which the Board will try to address, is the crux of the problem. More than once, in bringing issues to the table, the Board has found that there is a substantial other side to the issue. The Board understands that there is an issue and they will continue to deal with it. Unfortunately, there are no simple answers. Stopping development is not an answer and not legally available to the Village as a recourse. Telling people that they cannot build on property where they have a legal right is not something the Village can do. The Village does have strong stormwater requirements; the Village has been in the forefront of enforcing those requirements. Scarsdale is one of the few communities in Westchester with a Board of Architectural Review, who makes every effort to address the aesthetics and compatibilities of properties. If they aren’t performing properly, the Board can discuss that. Mayor Steves continued, stating that this is a complex process, with the interweaving of interests both long and short term. This Board will address those issues; the Board is not insensitive to these comments at all. Ms. Levy discussed a meeting she attended on April 18th in New York City concerning historic preservation and the city’s efforts to preserve historic buildings. Mayor Steves interjected, stating that historic preservation is a separate issue to some degree from zoning and housing. We cannot confuse historic preservation with our abhorrence to what might get built in its place. Historic preservation will be a primary concern to this Board. Village Board of Trustees 04 -23-2013 P a g e | 124 Ms. Levy asked the Board why they couldn’t institute a moratorium on building. Mayor Steves responded that the Board is not legally able to issue a moratorium; the Board is moving as quickly as it can on these issues. Village Attorney Esannason added that the last time the Board issued a moratorium was when the Board was conducting a zoning study in the A2A and the A3 Zoning Districts. He explained that the only time you may enact a moratorium is if you are either contemplating making zoning changes or you are updating your comprehensive plan. You cannot just enact a moratorium arbitrarily to stop development. There has to be some legitimate goal associated with the adoption of the moratorium. Otherwise it is unlawful and there are severe consequences for doing such. Ms. Levy stated that she has been hearing over and over that people are unhappy with One Palmer Road; that the zoning there allows for more building. She asked what the Board is waiting for to study this. Mary Jacobs, Secor Road, stated that she doesn’t know of any other community in Westchester that allows the widespread demolition and rebuilding that is done in Scarsdale. Especially with ‘spec’ houses. People shouldn’t be allowed to do whatever they want with property they buy here. She added that she believed that Mamaroneck has issued a moratorium. Mayor Steves stated that people are allowed to build within the laws that regulate building; not just what they want to build. He noted the court case mentioned earlier by the Village Attorney where there is a developer that wants to split lot. If he split those lots, the tax base for the Village would go up, but the Village is not looking at that. There are zoning laws that the Village is enforcing here. The Village is taking this through the judicial process as stridently as we can. The concept is not what you want, but within the legal framework to be as community sensitive as possible. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Finance Committee Trustee Brodsky reported on the Statements of Expense and Revenue for the first ten months of fiscal year 2012-2013. General Fund appropriations were 78.75% spent as of March 2013, which is down 0.18% from 78.93% in 2011-2012. The figures include the cleanup from Hurricane Sandy. General Fund revenues other than property taxes are $12,401,353 through March 2013 compared to $12,769,441 through March 2012, a decrease of $368,088. After adjusting for the sale of land related to the Crane Road Bridge Project, revenue other Village Board of Trustees 04 -23-2013 P a g e | 125 than property taxes is actually up $534,912. Revenue from Parking Permits and Meter Revenue continues to be steady, showing an increase of $125,900. Revenue from delinquent taxes is also up $182,300 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 $189,800 over last year largely offsetting declines in investment earnings ($38,400), Recreation Fees ($117,600), Departmental Fees ($22,200), and Mortgage tax revenue ($38,400). Revenue from Court Fines increased $44,400. The decline in property rental income of $131,000 is a result of the ongoing negotiations with Con Edison over the substation leases. The actual collection of Village taxes through March 31, 2013 is at 99.24% which is down 0.17% from the 2012 collection percentage of 99.41%. ******** Trustee Brodsky introduced the following resolution to approve the Fiscal Year 2013-14 Tentative Budget by stating that this is a result of a long and involved process that began months ago with preparations by the various departments of the Village; meetings the Village Manager conducted with the departments; meetings between the Village Board and the staff; public hearings and information sessions; and dialogue among Village Board members. Trustee Brodsky continued by stating that the Village Board passed a resolution allowing it to pass a budget, if needed, to exceed the State mandated cap of a 2% increase on the tax levy. The Finance Committee of the Village Board has recommended to the Board the passage of this proposed budget. The proposed budget in fact exceeds the 2% cap and thus it will require a vote of a super majority of the Board to be passed. Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution calling for a Public Hearing on the Fiscal Year 2013-2014 Tentative Budget was adopted as amended (by Trustee Mark to correct a typo identifying the Tentative Budget) by the vote indicated below: WHEREAS, pursuant to Section 5-508 (3) of the Village Law, a public hearing on the 2013-14 Tentative Budget was held on April 9, 2013, and WHEREAS, pursuant to Section 5-508 of the Village Law, the Board of Trustees must adopt the budget no later than the first day of May, now therefore be it RESOLVED, that the Tentative Budget filed by the Village Manager on March 19, 2013 is herein adopted as the Budget of the Village of Scarsdale for the fiscal year June 1, 2013 to May 31, 2014, and the several amounts stated in the columns entitled “2013-14 Proposed” in the Appropriations Schedules, including the total Village Board of Trustees 04 -23-2013 P a g e | 126 amounts listed in the Position Summary Schedules for salaries and wages, are hereby appropriated for the objects and purposes specified; and be it further RESOLVED, that the salaries, benefits and other terms and conditions of employment of employees represented by a bargaining unit be provided in accordance with contract terms; and, that salaries, benefits and other terms and conditions of employment of employees covered by written agreements be provided in accordance with such written agreements; and, that salaries and benefits for employees not provided for within the terms and conditions covered by written agreements, be paid in accordance with budgetary provisions as may be determined by the Village Manager and as provided by the adopted Fringe Benefit Policy for non-union employees; and be it further RESOLVED, that the sums enumerated in the columns entitled “2013-14 Proposed” in the Revenue Schedules, including estimated revenues and appropriated fund balances, are hereby made available for the purpose of financing such appropriations, and be it further RESOLVED, that consistent with the intent expressed by the Village Board, reimbursements received from the Federal Emergency Management Agency and New York State Office of Emergency Management during the 2013-2014 Fiscal Year, or before, up to the amount of $675,000, be appropriated in the 2013-2014 budget “Transfer to Capital” for use in the 2013-2014 Capital Budget for projects as identified and approved by the Village Board; and be it further RESOLVED, that proceeds received from property foreclosures or payment of delinquent taxes received in the 2013-2014 fiscal year, or before, up to the amount of $ 375,000 be appropriated in the 2013-2014 budget “Transfer to Capital” for use in the 2013-2014 Capital Budget for projects identified and approved by the Village Board. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Village Board of Trustees 04 -23-2013 P a g e | 127 Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding authorization to renew the Letter of Engagement to provide Independent Audit Services was adopted by the vote indicated below: WHEREAS, pursuant to New York State Municipal Finance Law, the Village must annually have an independent audit performed of the Village and Justice Court financial statements; and WHEREAS, the accounting firm of O’Connor Davies, LLP, 500 Mamaroneck Avenue, Harrison, NY 10528, has served as the Village’s independent auditor since Fiscal Year 1997-98, performing these audits and providing other assistance to the Village in a highly professional manner; and WHEREAS, in conjunction with their annual audit services, O’Connor Davies has assisted the Village in the past few years towards implementing the comprehensive financial accounting and auditing standards that are required by the Government Accounting Standards Board’s (GASB) statements No. 34 and 45; and WHEREAS, pursuant to a December 9, 2008 Village Board resolution attached hereto, O’Connor Davies was awarded a one year professional services agreement for the fiscal year ending 2008-2009, with a Village option to renew annually for four additional years; and WHEREAS, the Village Board, at their March 9, 2010, February 8, 2011, December 13, 2011 and November 27, 2012 meetings, approved the first, second, third and forth options to renew the Letter of Engagement with O’Connor Davies for one-year terms for fiscal years 2009-2010, 2010-2011, 2011-2012 and 2012-2013 respectively; and WHEREAS, O’Connor Davies has proffered a successor agreement with a five year term to perform the annual audit and related services for the Village and Justice Court for the 2013/2014, 2014/2015, 2015/2016, 2016/2017 and 2017/2018 fiscal years at a cost of $71,490 for the first three years and $73,000 and $74,500 for the final two years; and WHEREAS, the fees proposed are competitive with current industry standards and it would be in the best interest of the Village to continue to use O’Connor Davies to conduct the annual audit of the Village’s financial statements; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute a Letter of Engagement with O’Connor Davies, LLP, in substantially the Village Board of Trustees 04 -23-2013 P a g e | 128 same form as attached hereto, to perform annual independent audit and related services for the Village and Justice Court for a five-year term at a fee of $71,490 for the first three years and $73,000 and $74,500 for the final two years subject to adequate budget appropriations; and be it further RESOLVED, that all costs for such services be charged to the General Fund Budget Account No. A-1325-ADMIN-AUDIT-400 477. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Fire Commissioner Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution to award VM Contract #1152 – NFPA Compliant Station Wear was adopted by the vote indicated below: WHEREAS, the Village Manager reports that on March 15, 2013 he publicly advertised for the receipt of bids for the purchase of firefighter station uniforms under VM Contract #1152 - NFPA Compliant Nomex Station Wear and sent notices to numerous vendors; and WHEREAS, the bid specifications required prospective bidders to provide separate “per unit” pricing on each of nine different uniform components of varied sizes and colors and to guarantee said prices for a period of 180 calendar days; and WHEREAS, on the bid opening date of April 9, 2013, three bids were opened with the apparent lowest bid received from Murray’s Uniform Co. Inc., 149 Westchester Ave., Port Chester, NY 10573; and WHEREAS, upon review of the bids, it was determined that the bid submitted by Murray’s Uniform Co. Inc. did not meet the bid specifications; and WHEREAS, the lowest responsible bid for eight of the nine uniform components meeting contract specifications was received from Village Board of Trustees 04 -23-2013 P a g e | 129 Rescuestuff, Inc. of Peekskill, New York for the unit bid prices identified on the attached Bid Tabulation Sheet; and WHEREAS, the contract specifications allow the Village to award part or all of the uniform components to one or more vendors in the best interest of the Village; and WHEREAS, the sole item for which Rescuestuff, Inc., is not the low bidder is an extra large shirt for which a handful will be ordered resulting in a negligible difference in costs vis-à-vis the benefits and administrative convenience of utilizing a single vendor; now therefore be it RESOLVED, that VM Contract #1152 - NFPA Compliant Nomex Station Wear is awarded to Rescuestuff, Inc., 1215 Park Street, Peekskill, NY 10566, for the unit bid prices identified on the Bid Tabulation Sheet, attached hereto and made a part hereof; and be it further RESOLVED, that the cost of VM Contract #1152 be charged to the Fire Department FY12/13 and FY13/14 Operating Budgets, not to exceed budgeted appropriations; and be it further RESOLVED, that the Village Manager is herein authorized to execute VM Contract #1152 - NFPA Compliant Nomex Station Wear, with Rescuestuff, Inc. of Peekskill, New York and to undertake all associated administrative acts. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Law Committee Trustee Lee introduced the next resolution to set a public hearing on a local law amending Chapter 234 “Peddlers and Vendors”. He stated that the Board of Trustees has been presented with a proposed amendment to the Village Code as to where people doing business as Peddlers and Vendors as those terms are defined in the Village Code are permitted and not permitted to park the vehicles they use in their business. This evening’s resolution calls for a public hearing on the proposed amendment Village Board of Trustees 04 -23-2013 P a g e | 130 to take place several weeks from now. A copy of the proposed amendment is available on the Village’s website, www.scarsdale.com. Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution regarding a Public Hearing on a Local Law amending Chapter 234 “Peddlers and Vendors” was adopted 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, May 14, 2013, at 8:00 pm on proposed amendments to Village Code Chapter 234 “Peddlers and Vendors”; and be it further RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. ******** Municipal Services Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding the award of VM Contract #1149 – Furnish and Deliver Granite Block Curbstones was adopted by the vote indicated below: WHEREAS, in accordance with Village Administrative Policy # 602 – Curbing, the principal reasons for installing curbing on public roadways are to control and channel stormwater, improve drainage and protect the roadbed from being undermined by water; and WHEREAS, consistent with this policy, the Village Public Works Department has implemented a long-standing program for the installation of curbing to control stormwater and protect the edge of the roadway and unpaved Village rights-of-ways, primarily through contractual services, in conjunction with the annual road resurfacing contract; and WHEREAS, part of this curbing program also involves the purchase and installation of curbstones by Village Facilities Maintenance personnel; and WHEREAS, in accordance with Section 3.2 of said Curbing Policy, granite block curbstone has been established as the standard in the Village; and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on March 8, 2013 and placed VM Contract #1149 - Furnish and Deliver Granite Block Curbstones on BidNet, an internet based bid site; and Village Board of Trustees 04 -23-2013 P a g e | 131 WHEREAS, the term of the contract is for two years with estimated quantities of 2,000 linear feet of granite block curbstones anticipated for purchase in FY 2012/13 and in FY 2013/14, at the two-year fixed bid price identified on the bid tabulation sheet; and WHEREAS, in preparing VM Contract #1149, Village staff separated the contract into two options, Option “A”, price per linear foot if delivered bulk by truckload and Option “B”, price per pallet; and WHEREAS, delivery of granite block curbstones by pallet is advantageous as staff estimates that 7-10% of curbstones delivered via bulk load are damaged while curbstones delivered by pallet are less prone to damage resulting in the completion of the delivery as ordered, with no additional staff time necessary to inspect and follow-up with vendors to revise invoices. Also, loading and unloading granite curbstones by pallet can be accomplished using a forklift improving efficiency and reducing the risk of injury to Village personnel in manually handling the material; and WHEREAS, on the bid opening date of April 9, 2013, four sealed bids were opened with the apparent lowest bid(s) received from Saw Mill Supplies, 50 Saw Mill River Road, Hastings-on-Hudson, NY 10706, as follows: Option “A” $8.95 per linear foot and Option “B” $820.00 if delivered by pallet (approximately $10.93/linear foot), WHEREAS, upon review, it was determined that the bid submitted by Saw Mill Supplies failed to include the required bid deposit in accordance with the bid documents rending the bid non-compliant; and WHEREAS, the next lowest bid(s) was received from Sammarco Stone & Supply, Inc. 173 Oak Street, New Rochelle, NY 10801 as follows: Option “A” no bid and Option “B” $625.00 if delivered by pallet (approximately $13.80/linear foot); and WHEREAS, the Village has purchased granite block curbstones from Sammarco Stone and Supply through previous VM Contracts and DPW personnel have confirmed that their current inventory of stones comply with bid specifications and are of a satisfactory quality; and WHEREAS, after reviewing the bid prices for Option “A” and Option “B”, staff recommends that Option “B” be awarded for the reasons previously identified; now therefore be it RESOLVED, that VM Contract # 1149 – Furnish and Deliver Granite Block Curbstones be awarded to Sammarco Stone & Supply, Inc. 173 Village Board of Trustees 04 -23-2013 P a g e | 132 Oak Street, New Rochelle, NY 10801, for FY 2012/13 at the unit bid price of $625.00 per pallet including delivery, for an estimated total of 2,000 linear feet not to exceed budget appropriations and $625.00 per pallet including delivery, for an estimated total of 2,000 linear feet for FY 2013/14, subject to the provision of adequate budget appropriations; and be it further RESOLVED, that costs for FY 2012/13 and FY 2013/14 be charged to the appropriate DPW Operating and Capital Project accounts to be determined by the Village Treasurer; and be it further RESOLVED, that the Village Manager is hereby authorized and directed to execute VM Contract #1149 on behalf of the Village of Scarsdale with Sammarco Stone & Supply, Inc. 173 Oak Street, New Rochelle, NY 10801; and be it further 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 ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Brodsky, the following resolution regarding VM Contract #1150– Catch Basin Cleaning Services was adopted by the vote indicated below: WHEREAS, in conjunction with the Village’s annual storm sewer system preventative maintenance program, the cleaning of catch basins is conducted through contractual services; and WHEREAS, this work consists of vacuuming and shoveling water and debris from each of the approximate 1,600 catch basins located in the Village at least once every two to three years; and WHEREAS, as a result of the West Nile Virus outbreak of 2000, Westchester County has typically conducted an annual County-wide larvacide program to kill mosquito larvae present in catch basins; and Village Board of Trustees 04 -23-2013 P a g e | 133 WHEREAS, in order for the County to properly implement this program during the mosquito breeding period, the Village is required to clean its catch basins prior to the end of May or after August; and WHEREAS, the most recent VM Contract for this work, VM Contract # 1067, was awarded by the Board of Trustees at their May 26, 2009 meeting for a term of one year, with two additional one-year renewals at the sole option of the Village; and WHEREAS, both single year options were exercised, necessitating the letting and award of a new contract; said contract providing for a two- year term with a Village option to renew for two additional one- year terms, with two (2) separate options, Option A, Catch Basin Cleaning and Associated Flow Lines (10’ in all directions) and Option B, Cost per linear foot (LF) of jetting flow lines beyond ten (10’) feet); and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids for VM Contract # 1150 – Catch Basin Cleaning Services on March 8, 2013 and on the bid opening date of April 9, 2013 four sealed bids were opened; and WHEREAS, the lowest unit bid for Option “A” was received from Fred A. Cook, Jr., Inc., P.O. Box 71, Montrose, NY 10584, at a price of $36.00 per catch basin with the lowest unit bid for Option “B” received from American Underground Services, 840 Suite Rt. 50, Burnt Hills, NY 12027 at a price of $0.75 per linear foot; and WHEREAS, Fred A Cook, Jr. Inc. submitted a bid of $1.00 or $0.25 higher than American Underground Services for Option “B” Jetting of Flow Lines beyond ten (10’) feet, however, the difference in costs ($750) over the two year contract term is negligible vis-à-vis the operational benefits of utilizing a single vendor to perform all aspects of the catch basin cleaning work; and WHEREAS, the contract specifications allow the Village the option of awarding all or part of the contract to one or more responsible vendors in the best interest of the Village; now therefore be it RESOLVED, that VM Contract # 1150 – Catch Basin Cleaning Services, is hereby awarded to Fred A. Cook, Jr., Inc., P.O. Box 71, Montrose, NY 10548, at the unit bid price for Option “A” – Catch Basin Cleaning and Associated Flow Lines (10’ all directions) of $36.00 per catch basin and Option “B” – Jetting of Flow Lines beyond Ten (10’) Feet at the bid unit price of $1.00 per linear foot, subject to adequate budget appropriations; and be it further Village Board of Trustees 04 -23-2013 P a g e | 134 RESOLVED, that the Village Manager is hereby authorized to execute said contract on behalf of the Village of Scarsdale with Fred A. Cook, Jr., Inc., P.O. Box 71, Montrose, NY 10548; and be it further RESOLVED, that the costs associated with VM Contract # 1150 – Catch Basin Cleaning Services be charged to General Fund Account # A- 1490-HWY-STRD-400 499 and the appropriate Capital Budget account, not to exceed budgeted appropriations; and be it further resolved RESOLVED, that in accordance with Section 2.12 of the Village Internal Control Policy, the Village Manager is herein authorized to renew said contract for up to two additional one-year periods per contract specifications and subject to the provision of adequate budget appropriations. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Personnel Committee Trustee Martin explained that the next two resolutions concern establishing a standard workday for appointed or elected officials participating in the New York State and Local Retirement Systems. Each year the Village must insure that workdays are properly structured coupled with other reporting requirements on the activities of certain persons/ Village employees. Upon motion entered by Trustee Martin, and seconded by Trustee Brodsky, the following resolution establishing a standard work day for appointed or elected officials participating in the New York State and Local Retirement Systems was adopted by a unanimous vote: WHEREAS, New York State Retirement and Social Security Law (“RSSL”) Section 34 requires the Comptroller to adopt rules and regulations, which shall have the force and effect of law, for the reporting of service and salary information for all employees of employers participating in the New York State and Local Retirement Systems (“NYSRS”); and WHEREAS, New York State RSSL Section 334 requires the Comptroller to Village Board of Trustees 04 -23-2013 P a g e | 135 adopt rules and regulations, which shall have the force and effect of law, for the reporting of service and salary information for all employees of employers participating in the NYSRS; and WHEREAS, 2 New York Codes, Rules and Regulation (“NYCRR”) 315 was promulgated effective August 12, 2009 to further the intent of New York State RSSL Sections 34 and 334, which requires the reporting of service and salary information by employers participating in the New York State and Local Retirement Systems; and WHEREAS, 2 NYCRR 315 initially required that work activities for elected or appointed officials be recorded for a period of three (3) consecutive months within 150 days of taking office; and WHEREAS, the Village Manager, Deputy Village Manager, Deputy Village Treasurer, and Village Attorney maintained a log of work activities for a period of three (3) consecutive months between June 1, 2010 and August 31, 2010; and WHEREAS, 2 NYCRR 315 requires the establishment by Resolution for each elected or appointed office or position, the number of hours prescribed as a standard work day for each such elected or appointed office or position subsequent to being appointed or elected; and WHEREAS, the Village of Scarsdale has utilized the seven (7) hour work day standard for all other full time administrative, clerical and technical employees in calculating the hourly rate and for reporting time to the NYSRS; and WHEREAS, the Village of Scarsdale has previously established the seven (7) hour work day standard, as required by the New York State Comptroller, for the Village Manager, Deputy Village Manager, Deputy Village Treasurer, and Village Attorney by a Resolution of the Board of Trustees (attached), which is used for calculating the hourly rate and for reporting to the NYSRS; now therefore be it RESOLVED, that the Village of Scarsdale Board of Trustees hereby continues to recognize a standard seven (7) hour work day for the Village Manager, Deputy Village Manager, Deputy Village Treasurer, and Village Attorney for the purposes of reporting time to the NYSRS pursuant to the referenced laws, rules and regulations. ******** Village Board of Trustees 04 -23-2013 P a g e | 136 Trustee Martin stated that the second resolution is similar to the first in the sense that the Acting Village Justice participating in the New York State and Local Retirement Systems must also adhere to reporting requirements on service and time. It is different in that there is a six hour work day versus a seven hour workday for Village employees. Upon motion entered by Trustee Martin, and seconded by Trustee Lee, the following resolution establishing a standard work day for Acting Village Justice participating in the New York State and Local Retirement Systems was adopted by a unanimous vote: WHEREAS, New York State Retirement and Social Security Law (“RSSL”) Section 34 requires the Comptroller to adopt rules and regulations, which shall have the force and effect of law, for the reporting of service and salary information for all employees of employers participating in the New York State and Local Retirement Systems (“NYSRS”); and WHEREAS, New York State RSSL Section 334 requires the Comptroller to adopt rules and regulations, which shall have the force and effect of law, for the reporting of service and salary information for all employees of employers participating in the NYSRS; and WHEREAS, 2 New York Codes, Rules and Regulation (“NYCRR”) 315 was promulgated effective August 12, 2009 to further the intent of New York State RSSL Sections 34 and 334, which requires the reporting of service and salary information by employers participating in the New York State and Local Retirement Systems; and WHEREAS, 2 NYCRR 315 requires that work activities for elected or appointed officials be recorded for a period of three (3) consecutive months within 150 days of taking office; and WHEREAS, a log of work activities for the Acting Village Justice has been established for a period of three (3) consecutive months between June 1, 2010 and August 31, 2010; and WHEREAS, 2 NYCRR 315 requires an establishment by Resolution for each elective or appointive office or position the number of hours prescribed as a standard work day for each such elective or appointed office or position; and WHEREAS, the Village of Scarsdale has utilized the seven (7) hour day standard for all full time administrative, clerical and technical employees, including appointed officials, in calculating the hourly rate and for reporting time to the NYSRS; and WHEREAS, the position of Acting Village Justice is considered a part Village Board of Trustees 04 -23-2013 P a g e | 137 time position performing in the absence of the Village Justice, and as such less hours are expected to perform these duties than the full time positions; and WHEREAS, the Village of Scarsdale has previously established the six (6) hour work day standard, as required by the New York State Comptroller, for the Acting Village Justice by a Resolution of the Board of Trustees (attached), which is used for calculating the hourly rate and for reporting to the NYSRS; now therefore be it RESOLVED, that the Village of Scarsdale Board of Trustees hereby establishes a standard six (6) hour work day for the Acting Village Justice for the purposes of reporting time to the NYSRS pursuant to the referenced laws, rules and regulations. ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that two (2) communications have been received since the last meeting:  A letter from James E. Johnson of Debevoise and Plimpton regarding the County of Westchester Affordable Housing Settlement. Mayor Steve’s response is attached.  An email from Claudine Geçel regarding proposed construction on Ogden Road. ******** Future Meeting Schedule Mayor Steves announced the following future meeting schedule:  April 30, 2013 – Personnel Committee – 6:00 P.M. – Trustees’ Room  May 14, 2013 – Municipal Services Committee – 6:00 P.M. – Trustees’ Village Board of Trustees 04 -23-2013 P a g e | 138 Room  May 14, 2013 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  May 14, 2013 – Board of Trustees – 8:00 P.M. – Rutherford Hall  May 28, 2013 – Law and Land Use Committees – 6:00 P.M. – Trustees’ Room Mayor Steves stated that the Law and Land Use Committee meeting to be held on th May 28 at 6:00 P.M. in the Trustees’ Room will be held a little differently. He stated that the Board is committed to open meetings and the public is invited to this meeting. The Board is required to meet publicly; all of their work needs to be done in public. They would like to run this session without public comment. Public meetings will be held in the very near future after this meeting to have public comment. The Board would like to move this issue along and have the thoughts and concerns of the Trustees so that they may move forward together. Therefore, there will not be an opportunity at this meeting for public discussion; however the public is welcome to attend for listening purposes. Again, a meeting will be a scheduled shortly thereafter to allow for public discussion. ******** There being no further business to come before the Board, on a motion entered by Mayor Steves, seconded by Trustee Mark and carried unanimously, the meeting adjourned at 9:00 P.M. Donna M. Conkling Village Clerk