Board of Trustees

Village Board of Trustees 05 -14-2013 P a g e | 139 THREE THOUSAND ONE HUNDRED EIGHTY-FIRST REGULAR MEETING Rutherford Hall Village Hall May 14, 2013 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, May 14, 2013 at 8:10 P.M. Present were Mayor Steves, Trustees Brodsky, Eisenman, Lee, Mark, Martin, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Acting Village Attorney DeSiena, Village Treasurer McClure, Village Clerk Conking, Assistants to the Village Manager Azrelyant and Datino, and Administrative Intern Goodwin. ******** Mayor Steves thanked those in the audience for their patience, stating that the Board was delayed in the start of this meeting due to a hearing previous to this meeting concerning the Sheldrake River flood plain issue. ******** The minutes of the Board of Trustees Regular Meeting of April 23, 2013 were approved on a motion entered by Trustee Mark, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Lee stated that he had audited the Abstract of Claims dated May 14, 2013 in the amount of $312,736.37 which includes $22,382.03 in Library Claims previously audited by a Trustee of the Library Board were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Lee and seconded by Trustee Eisenman, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated May 14, 2013 in the amount of $312,736.37 is hereby approved. Trustee Lee further stated that payment of bills made in advance of a Board of Trustees audit totaling $82,359.99 were found to be in order and he moved that such payment be ratified. Village Board of Trustees 05 -14-2013 P a g e | 140 Upon motion duly made by Trustee Lee 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 $82,359.99 is hereby ratified. ******** Mayor’s Comments Mayor Steves stated he only had one comment this evening. He stated that there is an old adage that ‘an ounce of prevention is worth a pound of cure’. When that ounce of prevention is crafted by an intelligent, caring, informed group such that will be acknowledged this evening, then the ounce of prevention is worth a ton of cure. In the areas of relationships and family violence, this community has been blessed by the Coalition on Family Violence, a group that meets quietly but regularly. This group brings family counseling to school, helps parents, and with David Kroenlien’s guidance reaches out to groups with education on family violence, domestic violence, and relationship violence. This group has been able to do a number of extraordinary things in bringing education to the schools in particular, but to the parents as well on this very important topic. Since families create the bedrock of this community, the help and support of this group to families with these sensitive and important issues is an important part of keeping this community like it is. Mayor Steves stated that he is pleased to read the following resolution on behalf of the Scarsdale Coalition on Family Violence and to invite two of the representatives of the group to speak on the topic. Upon motion entered by Mayor Steves, and seconded by Trustee Eisenman, the following resolution regarding the Scarsdale Coalition on Family Violence was adopted by a unanimous vote: WHEREAS, Scarsdale seeks to provide a healthy environment for its youth and families to develop physically and emotionally; and WHEREAS, teen dating abuse affects one in four teenagers, regardless of ethnicity, race, religion or socioeconomic class and, unfortunately, only 33% of teens in abusive dating relationships inform anyone; and WHEREAS, parents can be an effective resource for teaching their children about healthy relationships and for supporting them in avoiding unhealthy relationships as these relationships can cause various unwanted outcomes with school work, peer relationships, family life and interventions; and Village Board of Trustees 05 -14-2013 P a g e | 141 WHEREAS, the Scarsdale community is proud of its progressive efforts over many years to provide educational and support resources for its youth in identifying healthy and unhealthy relationships and the Village government and School Board have recognized and invested in programs to address the needs of our youth and families; and WHEREAS, the Scarsdale Coalition on Family Violence, in coordination with the Village and many community organizations and leaders, will host a community-wide event on May 22, 2013, entitled “Love Shouldn’t Hurt: Talking with your kids about healthy relationships;” now therefore be it RESOLVED, in recognition of this initiative and to encourage parents to attend this program and to educate themselves about the issues, the Village Board of Trustees hereby designates May 22, 2013, as, “Talking with Your Kids about Healthy Relationships Day.” ******** Mayor Steves invited Lauren Pomerantz and Chris DeSilva to the podium who work with the Scarsdale Coalition on Family Violence to talk about it and describe their respective roles. Lauren Pomerantz thanked Mayor Steves for his kind words and David Kroenlein for leading them through this important charge. Ms. Pomerantz stated that this is a dedicated group of community members, Scarsdale faculty members, and community leaders who have organized programs addressing domestic violence since 2001. This year the Coalition is adding a community-wide program – “Love Shouldn’t Hurt – Talking with your Kids about Relationships”, to its already impressive program educating teens and parents. On May 22nd, next Wednesday, a young woman will share her story of an abusive dating relationship while she was a student at Marist College. With her will be her mother who will also share her experience as a parent dealing with this difficult situation. Following this there will be a panel discussion with NYS Assemblywoman Amy Paulin; Sharon Charles (a youth counselor in Pelham); Detective Albano (Youth Officer); and Chris DeSilva, a Scarsdale High School junior who has spearheaded the student’s program regarding terminating abusive relationships. Ms. Pomerantz stated that one in three teens are involved in some type of dating abuse, and only 33% share that information with someone. Their hope is that with education and awareness, parents will have more tools to deal with dating abuse that can occur in high school or college. Parents are the Coalition’s biggest audience because if they are aware of the problem and warning signs, it’s easier to address. One of the things they try to do is educate through parent support groups which reaches parents of grades 5 through 12. Chris DeSilva, a junior at Scarsdale High School, stated that he came to the issue when he founded the Scarsdale Chapter of STAR, which is a County-wide organization Village Board of Trustees 05 -14-2013 P a g e | 142 backed by Hope’s Door. He stated that they have made huge strides in raising awareness at the school. Every year they hold an assembly for 9th graders where actors from the Drama Club reenact different scenarios of different abusive relationships. This year through the help of STAR they have been able to further expand this program to include more prominent issues for high school today, and what affects Scarsdale. They have also been talking to the Health Department to broaden their curriculum and to stress the dating abuse that is prominent in Scarsdale to further address the issue which is how it affects us at home. Mayor Steves urged community support and participation with this program and wished all those involved with the Coalition well. ******** Manager’s Comments Village Manager Gatta stated that he would like to recognize John Goodwin of the Manager’s office who will give a report as a result of a Federal mandate administered by the State of New York which administers the position of being a Municipal Separate Stormwater Sanitary Sewer System (MS4). What this means is the Village eliminates stormwater into the U.S. navigable waters and also eliminate from sanitary sewer system treatment plants which eventually end up in these waters. As an MS4 the Federal requirements are such that the Village has to adopt some programs and undertake some expenditures. The Village is devoting more and more money towards sanitary sewers and storm sewers in both the Operating Budget and Capital Budget. To satisfy the requirement of an Annual Report which has to be given publicly, Mr. Goodwin will give the report. Mr. Goodwin stated that By June 1st of this year, the Village will submit its 10th Phase II Annual Report to the New York State Department of Environmental Conservation that details the activities for each of the six minimum storm water management control measures for the period of March 10, 2012 – March 9, 2013. The Village’s Stormwater program dates back to March 2003, when the Village submitted to the New York State Department of Environmental Conservation (NYSDEC) a Notice of Intent (NOI) for coverage under the State Pollutant Discharge and Elimination System (SPDES) General Permit for Storm Water Discharges from Municipal Separate Storm Sewer Systems (MS4s). The submittal of the NOI to the State complies with the federal regulations and the requirements of New York’s overall Phase II storm water management program and permit requirements. The NOI outlined the elements of the Village’s storm water management program and the “measurable goals” associated with implementation of the program’s best management practices (BMPs). In compliance with the permit requirements, the Village’s NOI included the following six minimum storm water management control measures:  Public education and outreach; Village Board of Trustees 05 -14-2013 P a g e | 143  Public participation and involvement;  Illicit discharge detection and elimination;  Construction site storm water runoff control;  Post-construction storm water management;  Pollution prevention & good housekeeping practices for municipal operations. Public Education & Outreach The Village continued to maintain public display areas primarily in the Village Hall and Library for non-point source pollution and distributed printed materials. Educational videos continued to be aired on our Government Access Channel 75 Cablevision and 43 on Verizon regarding stormwater pollution. Handouts were given to all registered dog owners in the Village as part of the annual license renewal with information on the proper handling of pet waste and its adverse impact on our waterways. Articles were included in newsletters with information on water quality and flooding. The stormwater management page on the Village website continues to be updated with relevant and educational information, including reports and presentations on stormwater projects and notices regarding new laws and special events. The Village also started a leaf mulching educational campaign to encourage residents to Love ’EM and Leave ’EM and held a training session for landscapers. This training session was recorded and continues to be aired on our Government Access Channel. Three years ago the Village prepared a Stormwater Management Public Education and Outreach questionnaire and posted it on the Village’s website. The survey remains on our website and the Village tabulates results annually. The results have helped the Village understand what it must do to better inform residents and businesses on stormwater related issues. Unfortunately, no questionnaires were completed for this reporting period. I would like to ask those that are watching to please take a moment to complete the questionnaire on the Village’s website. Public Involvement/Participation The Village participated with the public for planting and clean-up events including our annual Arbor Day planting, the construction of a trail in Hardwood Park with a Boy Scout, plantings in Village parks with the FOSP. Information about the Village stormwater management program and projects was provided at various public Village Board Committee meetings, which including Village Board of Trustees 05 -14-2013 P a g e | 144 presentations to the Municipal Services Committee regarding the South Fox Meadow Improvement Project and the Sheldrake River Drainage Basin. The Village provided informational handouts and a display for the Scarsdale Sustainability Day held in May last year. The Village also provided space in its newsletter and a link on its website for public and local civic groups, including the Conservation Advisory Council, for stormwater related issues. Illicit Discharge Detection and Elimination Using outfall mapping data, the Village’s Department of Public Works has a visual inspection program to identify illicit discharges. All of the 44 outfalls in the Village were inspected during this reporting period. No illicit discharges were detected during this reporting period. The Village also continued to provide ongoing training to the relevant staff which included attending the stormwater conferences, watching training videos, and attending webinars regarding stormwater management. Construction site runoff control and post-construction site runoff control 100% of active construction sites that disturbed at least one acre or more during this reporting period were inspected on multiple occasions and the NYS Construction Stormwater Inspection Manual was used. All staff responsible for program implementation attended training on Low Impact Development, Better Site Design, and other Green Infrastructure principles during this reporting period. Pollution prevention & good housekeeping practices for municipal operations The Village continued to maintain its own facilities through our street sweeping program, catch basin cleaning and use of Best Management Practices at our Village facilities. The Village swept four acres of parking lots, 190 miles of streets and inspected and cleaned 1348 catch basins. Our field maintenance vendor provides specialized organic care maintenance services to athletic fields, playgrounds and other municipal properties. The DRAFT 2013 Phase II Annual Report is posted on the Village website and is available at the Village Manager’s Office, Village Clerk’s Office, and at the Public Library. A final copy, incorporating public comments will be sent to the New York State Department of Environmental Conservation by June 1st. Village Board of Trustees 05 -14-2013 P a g e | 145 Comments on Phase II Annual Report or the Village’s Comprehensive Stormwater Management Plan are encouraged and welcome. Comments can be submitted at any location where the report is available or can be sent to stormwater@scarsdale.com. ******** Public Hearing Trustee Lee introduced a public hearing being held this evening to receive comments of proposed amendments to Village Code Chapter 234 “Peddlers and Vendors”. As background, he stated that this is a proposed amendment to the Village Code that eliminates an ambiguity presently in the Village Code regarding parking restrictions applicable to vehicles used by peddlers and vendors in their business. The term peddlers and vendors in the Code refers to persons who offer for sale any goods, wares or merchandise in any street, park or any other public place, or by going from house to house. Trustee Lee stated that the proposed revision clarifies that peddlers and vendors may not park their vehicles used in their business within 500 feet of a school or day camp while school or camp is in session; or within one hour before or after the session. Such vehicles may not be parked within 100 feet of any street intersection. Lastly, when parked elsewhere, such vehicle must be parked parallel to and within six inches of the curb and may stand for no longer than 10 minutes out of any 60 consecutive minutes, after which the vehicle must be moved at least 500 feet from that location. Trustee Lee opened the public hearing on the proposed amendments for public comment. As there were no comments offered, Trustee Lee closed the public hearing. Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following Local Law #6, 2013 was adopted by the vote indicated below: INTRODUCTORY LOCAL LAW# 6 OF 2013 A Local Law Amending Chapter 234 of the Scarsdale Village Code, entitled “Peddlers and Vendors” BE IT ENACTED by the Scarsdale Village Board of Trustees as follows: Section 1. Chapter 234-18 shall read as follows: § 234-18. Vehicles. No person or entity required under this chapter to have a peddlers or vendors license shall permit or cause any automobile or other vehicle used in connection therewith to stand or remain: Village Board of Trustees 05 -14-2013 P a g e | 146 a) In any street within 500 feet of any grounds occupied by a school during or within one hour before or after school hours or sessions of summer day camp; b) Within 100 feet of any street intersection; In addition to the prohibition stated in a) and b) above, all automobiles or other vehicles covered by this section must stand parallel to and within six inches of the curb or edge of the street, and for no longer than 10 minutes out of any 60 consecutive minutes. After each 10 minute period said automobile or other vehicle must move at least 500 feet from their current location. Section 2. This local law shall take effect upon filing with the Secretary of State. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Public Comment Carl Whitbeck, Rapport Meyers LLP, stated that he had submitted correspondence to the Board of Trustees that is on the agenda. He is an attorney in Hudson, New York representing Greg Soldatenko and his wife who own a vacant lot off Farragut Road. They have been attempting to build on this lot for the last year. They have had two applications before the Board of Appeals dealing with this lot. During its last vote, the Board of Appeals decided that the applicant had not exhausted its administrative remedies by not coming to the Village Board to ask the Board to re-map this street. He explained this history of the lot which was originally created in 1926 by the “Heathcote Subdivision”. In 1966 the Village abandoned the paper street that is adjacent to this lot and by doing so, created the current issue that renders this lot unbuildable because it does not have street frontage, which is required under Village Law to develop this lot. When the Village adopted a new Zoning Law in 1947, this law was grandfathered. His clients have not been successful so far in convincing the Board of Appeals that they have a right to develop this lot. He noted that the last vote of the Board of Appeals was 3 Ayes, 2 Nays. Mr. Whitbeck stated that one of the members that voted nay stated that he voted nay because the applicant had not exhausted all remedies by requesting that the Village Board re-map a portion of this street to provide frontage for the subject lot. Therefore, Mr. Whitbeck asked the Village Board to consider the matter and re-map the portion of Farragut Road to provide technical, legal frontage for this parcel. If the Village Board agrees to this request, the Board of Appeals will be in a position to approve their application as the lot meets all other requirements of the Village Board of Trustees 05 -14-2013 P a g e | 147 Zoning Law to build a one-family residence. Trustee Mark asked Mr. Whitbeck when his client purchased the lot. Mr. Whitbeck responded that his client purchased the lot in 1999. Trustee Mark then asked Mr. Whitbeck if the lot was purchased under the same conditions that currently exist. Mr. Whitbeck responded affirmatively. Mayor Steves informed Mr. Whitbeck that the Board has received his correspondence and have scheduled a Land Use Committee meeting to discuss this matter on Wednesday, May 29th at 6:00 P.M. in the Trustees’ Room. Mr. Whitbeck is welcome to attend; it is a public meeting. The Board will undertake his request at that time. Robert Harrison, 65 Fox Meadow Road, stated that he wished Trustees Martin and Stern and Mayor Steves well in their deliberations. He noted that he was not sure that the residents appreciate the time that the volunteer Trustees and Mayor put in to do such a great job. Mr. Harrison stated that his topic this evening is the Spring Youth Tennis League. The New York Junior Tennis League/Scarsdale Chapter which he founded in 1983 is working closely with the Recreation Department with regard to the 2013 Youth Tennis League. This program was started in 1984 with 35 teams that grew to 85 youth tennis teams for girls and boys; at that time for grades 4 through 8. The last time this program was held was in 2001. Over the last week or two they have been publicizing the re- establishment of this program. In the last two nights there have been over 40 youths, boys and girls, between grades 3 through 8 sign up. They are still looking for more youths to sign up; when there were 85 teams they had over 600 youths playing tennis. He encourage the mothers and fathers to come out, tennis is a lifetime sport and they can play with their kids on 26 Village courts. Registration will continue; interested parties can sign up on line at recreation@scarsdale.com. The registration fee is $15.00. They are looking forward to starting the league matches next week. If anyone has any questions he can be reached at 725-0962 or via email at proscars@aol.com. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Finance Committee Trustee Brodsky introduced the following resolution regarding recognition of additional revenue and supplemental appropriation to the Internal Service Fund with respect to the Central Garage. Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution was adopted by the vote indicated below: Village Board of Trustees 05 -14-2013 P a g e | 148 WHEREAS, the Village of Scarsdale established an internal service fund for the operation of the Central Garage to allocate selected costs to other funds in the government for use of municipal automotive and equipment services; and WHEREAS, this proprietary fund is identified as the “Central Maintenance Facility Internal Service Fund” to account for business type activities serving the Scarsdale Board of Education, Scarsdale Water Enterprise Fund and the Village of Scarsdale’s General Fund; and WHEREAS, the appropriations in the Adopted 2012-2013 “Central Maintenance Facility Internal Service Fund” are projected to be exceeded by approximately $70,000.00 due to unanticipated costs from higher than forecasted fuel costs and automotive repairs some of which is attributed to the snow & ice control program; and WHEREAS, there is an anticipated $125,000.00 receivable due from the Scarsdale Board of Education that will be posted in the 2012-2013 “Central Maintenance Facility Internal Service Fund Budget”; and WHEREAS, a supplemental appropriation of $70,000.00 is required in the “Central Maintenance Facility Internal Service Fund Budget” to balance the 2012-2013 Fiscal Year Budget; now therefore be it RESOLVED, that the Village Board of Trustees authorizes a supplemental appropriation in the amount of $70,000.00 to the 2012-2013 Central Maintenance Facility Internal Service Fund Budget and recognizes the anticipated receipt of $125,000.00 from the Scarsdale Board of Education and that the 2012-2013 adopted budget be amended “expenditures from $3,140,848 to $3,210,848 and “revenues from $3,140,848 to $3,265,848; and be it further RESOLVED, that the supplemental appropriation of $70,000.00 to the 2012-13 Central Maintenance Facility Internal Service Fund Budget be placed in the following budgetary accounts: MG-1640-OPS-RPR-400 413 = $25,000.00 MG-1640-ADMIN-FUEL-400 439 = $45,000.00 AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Village Board of Trustees 05 -14-2013 P a g e | 149 Trustee Stern Mayor Steves ******** Law Committee Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution regarding authorization to execute an Amendment to the Lease Agreement with Westchester County for 2 Drake Road was adopted by the vote indicated below: WHEREAS, the Village of Scarsdale (“Village”) owns certain real property known as 2 Drake Road (“Premises”) which is improved by a one- family home and identified on the Village of Scarsdale Tax Map as Section 11, Block 12, Lot 2; and WHEREAS, the Village and Westchester County (“County”) are currently parties to a lease agreement originally executed in 1987, renewed in 1994, 1999, 2004 and again in 2009, under which the Village leases the premises to the County; and WHEREAS, pursuant to the terms of the existing five year lease agreement which expires on April 30, 2014, the County uses the property to provide transitional housing for homeless families or for longer term housing as approved by the Village Manager; and WHEREAS, the proposed lease agreement requires that the County pay to the Village annually a sum equal to the monthly shelter allowance approved by the New York State Office of Temporary and Disability Assistance for Westchester County currently estimated at $5,112; and WHEREAS, the current family residing at 2 Drake Road is a family from the Philippines with special needs children, and the family does not meet the eligibility requirements for federal and state assistance; and WHEREAS, through previous requests from the Westchester County Department of Social Services, the Village Board waived the rental fee in resolutions dated September 13, 2005, January 8, 2008, September 22, 2009, June 28, 2011, and May 22, 2012 attached hereto and made a part hereof, coinciding with the residency tenure of the current family; and WHEREAS, pursuant to the aforementioned May 22, 2012 resolution, the Village Board waived the rental payment through April 30, 2013 Village Board of Trustees 05 -14-2013 P a g e | 150 of the existing lease agreement which runs through April 30, 2014; and WHEREAS, Westchester County is again asking the Village to waive the rental payment for the remaining year of the current lease agreement as without the waiver Westhab Inc., the nonprofit housing organization under contract with the County to manage and care for the family and property at 2 Drake Road and raises funds for all other expenses such as utilities, phone, heating and insurance, would fall short of its commitment; and WHEREAS, the approximate $5,112 in annual state assistance represents less than one thousandth of 1% of the Village’s FY 12/13 and FY 13/14 budget revenue estimates and would have little to no impact on the overall budget revenues if waived; and WHEREAS, Westchester County Department of Social Services and Westhab Inc. are currently working with the family to establish a plan to return the family to self sufficiency and move them out of 2 Drake Road within the next year; and WHEREAS, staff recommends that the Village Board grant a one year rent waiver for the period covering May 1, 2013 through April 30, 2014, said waiver to expire at the same time as the current five year lease agreement and be accomplished through an addendum to said lease agreement in the form of a letter, in substantially the same form attached hereto; now therefore be it RESOLVED, that the Village Board of Trustees herein waives the annual rent payment equal to the monthly shelter allowance approved by the New York State Office of Temporary Disability Assistance for Westchester County, identified in paragraph 2 of the October 8, 2009 lease agreement with Westchester County for the use of 2 Drake Road, attached hereto and made a part hereof, for the period covering May 1, 2013 through April 30, 2014. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Village Board of Trustees 05 -14-2013 P a g e | 151 Land Use Committee Trustee Mark explained that the next resolution is authorization to execute a Payment-in-Lieu of Tax (“PILOT”) Agreement with reference to 25 Saxon Woods Road for a project for a rental assisted living facility consisting of 115 units proposed to be constructed on that property. Trustee Mark stated that this is a fairly involved matter and he would like to refer this to the Land Use Committee for consideration. Upon motion entered by Trustee Mark, and seconded by Trustee Brodsky, the following resolution regarding authorization to execute a Payment-in-Lieu of Tax Agreement – 25 Saxon Woods Road was referred to the Land Use Committee for discussion by a unanimous vote: WHEREAS, Renamba, LLC (the “Company”) has received approval from the Village’s Planning Board to permit the development of a rental assisted living facility containing 115 units (the “Project”) on the Property which will be known as the “Ambassador at Scarsdale”, and WHEREAS, pursuant to Title 1 of Article 18-A of the General Municipal law (the New York State Industrial Development Agency Act, hereinafter, the “Act”), the County of Westchester Industrial Development Agency (the “Agency”) has agreed to enter into a straight-lease transaction (as that term is defined in the Act) with the Company to provide financial assistance to the Company to induce the development of the Project which will provide employment opportunities and affordable housing in the County of Westchester and the Village; and WHEREAS, in order to provide the financial assistance to the Company, the Agency will acquire a leasehold interest in the Property; and WHEREAS, thereafter, the Company will construct, improve, maintain and equip a 115 unit assisted living facility (Enriched Housing Program, with Assisted Living Residency Project) together with related parking and infrastructure on the Property; and WHEREAS, pursuant to Section 874 of the General Municipal Law and Section 412-a of the Real Property Tax Law, upon acquisition of title to and/or a leasehold interest in the Property, and continuing for the period during which the Agency maintains title to and/or a leasehold interest in the Property, the Property will be assessed as exempt upon the assessment rolls of the Village (except for special levies) and therefore tax exempt; and Village Board of Trustees 05 -14-2013 P a g e | 152 WHEREAS, as a condition to its financial assistance to the Company, the Agency will require the Company to make payments in lieu of taxes (“PILOT Payments”) to the Village for the period during which the Agency maintains title to and/or a leasehold interest in the Property; and WHEREAS, the Agency and the Company have requested the support of the Village in encouraging the development of the Project by requesting that the Village agree to accept PILOT Payments made by the Company to the Village based on the Schedule (Schedule “A”) attached hereto, which PILOT Payments will be payable by the regular Village/School tax filing deadlines three times per year; and WHEREAS, the Village wants to encourage the development of the Project which will provide both affordable housing opportunities and employment opportunities for the residents of the Village and the County; and WHEREAS, the Village will support a “PILOT Agreement” between the Agency and the Company, provided that the PILOT Payments are made in accordance with the Schedule A attached hereto; and WHEREAS, in accordance with Section 858 of the General Municipal Law, the PILOT Payments must be allocated among affected tax jurisdictions in proportion to the amount of real property tax and other taxes which would have been received by each affected tax jurisdiction had the Project not been tax exempt due to the status of the Agency’s involvement in the Project; now, therefore be it RESOLVED, that the Board of Trustees of the Village of Scarsdale hereby gives its consent to the Agency to enter into the PILOT Agreement for the Property, provided that PILOT Payments are made in accordance with terms of the PILOT Agreement and the Schedule A attached hereto and thereto; and be it further RESOLVED, that the Village Manager is hereby authorized and directed to convey such consent to the Agency and the Company and to finalize, execute and deliver the PILOT Agreement in substantially the same form as attached on behalf of the Village. And the Village Manager is also hereby authorized to sign the acknowledgment of the PILOT Agreement between the Agency and the Company provided that the PILOT Agreement contains the terms and conditions of this resolution, including the requirement to make PILOT Payments in accordance with Schedule A. ******** Village Board of Trustees 05 -14-2013 P a g e | 153 Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution regarding a Subdivision Recreation Fee – 53 Penn Boulevard, Section 23, Block 1, Lot 13 was adopted by the vote indicated below: WHEREAS: Section 7-730-4 of New York State Village law authorizes planning boards to reserve land in a subdivision for park, playground or other recreational purposes, and to take money in lieu of land in cases where suitable park lands of adequate size cannot be properly located on a subdivision plat, the amount of said money to be established by the Village Board of Trustees; and WHEREAS: the Planning Board, on March 20, 2013, approved the two lot subdivision of the property at 53 Penn Boulevard, identified on the Village tax map as Section 23, Block 1, Lot 13, after finding the proposed subdivision would not have a significant negative environmental impact pursuant to SEQRA, creating one new lot located in the A-2 zoning district; and WHEREAS: on April 24, 2013, the Planning Board recommended a payment in lieu of contribution of lands, in accordance with the Subdivision Recreation Fee Schedule adopted by the Village Board on February 27, 2007, as the dedication of land for park, playground or recreation purposes is not feasible in view of the small amount of land available in this two lot subdivision; and WHEREAS: the Village Department of Parks, Recreation and Conservation provides a variety of facilities to meet the interests and needs of the community which includes parks, playgrounds, ball fields and an outdoor pool; and WHEREAS: the Village Department of Parks, Recreation and Conservation has a Five Year Capital Plan that calls for the replacement of facilities and equipment as well as additional facilities that will be needed in the future; and WHEREAS: recognizing the applicant’s efforts to preserve the main portion of the existing house which is included in the Cultural Resource Survey Report dated July 12, 2012, the Planning Board recommended a subdivision recreation fee at the lowest level permitted in the Subdivision Recreation Fee Schedule adopted by the Village Board on February 27, 2007; now therefore be it RESOLVED: the Board of Trustees hereby accepts the recommendation of the Planning Board that the applicant, Jennifer and Michael Barlow, pay to the Village an amount equal to 4% of the lot value in the A- 2 zoning district pursuant to the 2007 Subdivision Recreation Fee Schedule, or $54,000 in lieu of a contribution of land for park, Village Board of Trustees 05 -14-2013 P a g e | 154 playground or other recreational purposes for the one new lot resulting from the subdivision of property at 53 Penn Boulevard, identified on the tax map of the Village of Scarsdale as Section 23, Block 1, Lot 13. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution to award VM Contract #1153 – Furnish and Deliver Chemicals for Water Treatment was adopted by the vote indicated below: WHEREAS, the Village treats its drinking water with Sodium Hydroxide (caustic soda) and Orthophosphate (corrosion control) as approved and/or required by the New York State Department of Health; and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on March 29, 2013 for VM Contract # 1153 – Furnish & Deliver Chemicals for Water Treatment and sent proposals to four vendors; and WHEREAS, on the bid opening date, April 16, 2013, a total of one bid was received; and WHEREAS, the lowest responsible bidder meeting bid specifications for Orthophosphate and Sodium Hydroxide was George S. Coyne Chemical Co., Inc., 3015 State Road, Croydon, PA 19021 at the unit price bid of $7.09 per gallon for Orthophosphate and $2.022 for Sodium Hydroxide; and WHEREAS, the Village has purchased chemicals from George S. Coyne Chemical Co., Inc., in the past and has been satisfied with their service; now therefore be it RESOLVED, that VM Contract # 1153 – Furnish and Deliver Chemicals for Water Treatment, be awarded to the lowest responsible bidder Village Board of Trustees 05 -14-2013 P a g e | 155 George S. Coyne Chemical Co., Inc. 3015 State Road, Croydon, PA 19021 at the unit price bid of $7.09 per gallon for Orthophosphate and $2.022 for Sodium Hydroxide; and be it further RESOLVED, that the cost of same be charged to the Water Enterprise Fund Department Budget Account # EWS-8310-PUMP-PURIF- 400 433; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1153 on behalf of the Village of Scarsdale with said George S. Coyne Chemical Co., Inc., 3015 State Road, Croydon, PA 19021 and 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 ******** Personnel Committee Upon motion entered by Trustee Martin, and seconded by Trustee Mark, the following resolution regarding appointments to Village Advisory Councils and Volunteer Positions was adopted by a unanimous vote: WHEREAS, the Personnel Committee of the Village Board of Trustees convened on April 20, 2013 to discuss applicants to fill certain vacancies on various advisory councils and volunteer positions and herein recommends to the full Board the appointments as identified in the resolved clauses below; now therefore be it RESOLVED, that Duncan Wilson, 21 Ridgecrest West, Scarsdale is hereby appointed to serve on the Conservation Advisory Council for a term expiring on April 6, 2015 or until such time as a successor is appointed, and be it further RESOLVED, that Charles R. Greebel, 40 Tompkins Road, Scarsdale is hereby appointed to serve on the Advisory Council on Human Relations for a term ending on April 6, 2015 or until such time as a successor is appointed, and be it further Village Board of Trustees 05 -14-2013 P a g e | 156 RESOLVED, that Stephen J. Nicholas, 14 Heathcote Road, Scarsdale is hereby appointed to serve on the Advisory Council on Parks and Recreation for a term ending on April 6, 2015 or until such time as a successor is appointed, and be it further RESOLVED, that Ron Lobato, 274 Boulevard, Scarsdale is hereby appointed to serve on the Advisory Council on Technology for a term ending on April 6, 2015 or until such time as a successor is appointed, and be it further RESOLVED, that Lucas J. Meyer, 21 Autenrieth Road, Scarsdale is hereby appointed to serve as the Associate Village Historian for a term ending on April 7, 2014 or until such time as a successor is appointed. ******** On behalf of the Board, Mayor Steves thanked all those who serve on the Committees. ******** Trustee Martin stated that the second resolution authorizes wage increases for Department Heads and Non-Union Personnel, and he would like to refer this to the Personnel Committee. Upon motion entered by Trustee Martin, and seconded by Trustee Mark, the following resolution was referred to the Personnel Committee for further discussion by a unanimous vote: WHEREAS, the Village Board of Trustees (Village Board) has traditionally adopted annual salary increases for department heads and other non-union personal not represented by collective bargaining agreements; and WHEREAS, in the fiscal year 2009-2010 salary adjustments were not offered to department heads and other non-union personnel at the beginning of the fiscal year, which commenced on June 1, 2009, but rather the Village Board, in a show of good faith, approved a 2% increase that was not effective until December 1, 2009, which effectively was a 1% increase for the fiscal year; and WHEREAS, in fiscal year 2010-2011, 2011-2012, and 2012-2013 the Village Board approved a 2% increase for department heads and other non-union personnel effective June 1, 2010, June 1, 2011, and June 1, 2012; and Village Board of Trustees 05 -14-2013 P a g e | 157 WHEREAS, the economic and financial circumstances have created and continue to present a great burden to find ways to finance our local government with very little, if any, assistance from the State and Federal governments, resulting in a great challenge for the Village Board in managing the one revenue source, property tax, that is within its control without creating hardship; and WHEREAS, to be sensitive to the residents in these extraordinary times, Village Budgets in the past four (4) years, and for the forthcoming year, have reduced many expenditures and are extremely lean with the adopted budget for fiscal year 2013-2014 intended to reflect the current financial situation, recognize the fine work of employees and, yet be prudent by recognizing the financial burdens that must be shared; and WHEREAS, negotiations are in progress with the Scarsdale Police Benevolent Association, Incorporated (SPBA); the Uniformed Firefighters Association of Scarsdale, Inc. Local 1394, AFL-CIO (UFFA); and International Brotherhood of Teamsters (Public Works) (IBT), which strives to be within the budgetary parameters established by the Village Board for the fiscal year 2013-14 Adopted Budget; and WHEREAS, negotiations are expected to begin shortly with the Civil Service Employees Association Village Hall (CSEA-VH), which will also strive to be within the budgetary parameters established by the Village Board for the fiscal year 2012-13 Budget; and WHEREAS, the Village Board of Trustees approved a successor collective bargaining agreement with the CSEA Library during the January 22, 2013 Village Board meeting, which contained salary increases of 2.0% annually, effective June 1, 2012, June 1, 2013, and June 1, 2014, respectively for the three (3) year term; now therefore be it RESOLVED, that while respecting the collective bargaining process and the Taylor Law of the State of New York, the Village Board, respectfully, expresses its desire that the PBA, UFFA, CSEA-VH and IBT recognize the Village Board’s endeavor to be sincere and reasonable in wage settlements and the parameters set forth in the fiscal year 2013-14 Village Budget and, as a further example and demonstration of its sincerity, herein, approves a 2% salary increase for department heads and non-union employees effective June 1, 2013, and as may be determined by the Village Manager. ******** Other Committee Reports Village Board of Trustees 05 -14-2013 P a g e | 158 None. ******** Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that five (5) communications have been received since the last meeting:  An email from Lena Crandall, 227 Fox Meadow Road, regarding Scarsdale building practices on non-conforming lots and overdevelopment. A letter from Lika Levi of Lockwood Road regarding her concerns about overdevelopment in Scarsdale is attached.  A letter from Carl Whitebeck, Jr. of Rapport Meyers, LLP with a request that the Village amend the Official Map in regard to a portion of Farragut Road.  An email from Wolfgang Arbaczewski, President, Scarsdale Volunteer Fire Company No. 1, requesting the Village consider the enactment of legislation to provide volunteer firefighters with health care coverage.  A letter from Steve Oder requesting an adjustment to the Non-Binding Term Agreement regarding the 2-4 Weaver Street project.  An email from Claudine Gecel, 10 Kent Road, expressing her concerns about the existing Floor Area Ratio requirements and requesting that it be amended. Mayor Steves pointed out that three of the above items will be referred to during the future meetings announcements at the end of the Town Board meeting to immediately follow this Village Board meeting. These items will be directly linked to Committee meetings. ******** 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 8:56 P.M. Donna M. Conkling Village Clerk