Board of Trustees

Village Board of Trustees 05 -28-2013 P a g e | 159 THREE THOUSAND ONE HUNDRED EIGHTY-SECOND REGULAR MEETING Rutherford Hall Village Hall May 28, 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 28, 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, Acting Village Attorney DeSiena, Village Treasurer McClure, Assistant to the Village Manager Azrelyant, and Administrative Intern Goodwin. ******** The minutes of the Board of Trustees Regular Meeting of May 14, 2013 were approved on a motion entered by Trustee Mark, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Mark stated that he had audited the Abstract of Claims dated May 28, 2013 in the amount of $654,111.93 which includes $16,980.24 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 Mark and seconded by Trustee Eisenman, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated May 28, 2013 in the amount of $654,111.93 is hereby approved. ******** Mayor’s Comments Mayor Steves stated he only had one brief comment this evening. Yesterday, he, Village Manager Gatta and Deputy Mayor Mark had the pleasure of participating in the Memorial Day ceremony. He extended their thanks on behalf of the Village to the gentlemen and women at Post 52 for the work they do to preserve the celebration and the grounds of the Memorial. It is hoped that the community continues to give them their support in that effort. Village Board of Trustees 05 -28-2013 P a g e | 160 ******** Manager’s Comments None. ******** Public Comment Lewis Arlt, 45 Popham Road, Scarsdale Chamber of Commerce, stated that he was here this evening to ask the Board to consider the Chamber’s request to hold the Annual Sidewalk Sale this year on July 25, 26, and 27, 2013 in the Village Center. Lika Levi, 21 Lockwood Road, thanked the Board for taking her comments and for the earlier session today regarding development and historic value. She stated that she has decided to attend more land use meetings than she has in the past. She stated that she is for Scarsdale’s preservation for Scarsdale’s future. She stated that she has attended a meeting of the Committee on Historic Preservation, two consecutive meetings of the Board of Architectural Review, three consecutive meetings of the Planning Board, and a meeting of the Board of Appeals. Ms. Levi continued, stating that she has started a website, www.savescarsdale.org, where she is documenting, to the best of her ability, what she is seeing as she sees development changing Scarsdale’s streets. During attendance at the Planning Board meetings, she stated that neighbor after neighbor objected to subdivision, demolition and/or development at two particular locations. The homes on Herkimer Road should be preserved, not demolished; they are beautiful homes. Although she appreciates the democratic process involved; however, once a 100-year old home is demolished, it is not coming back. She also noted that the Committee on Historic Preservation voted to preserve a home at 45 Cushman Road; however, the Board of Architectural Review approved its demolition. She asked the Board if there were any connection with all the building going on in wetland areas and the basins the Village is contending with – is this not a cause and effect relationship? 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 eleven months of fiscal year 2012-2013. Village Board of Trustees 05 -28-2013 P a g e | 161 General Fund appropriations were 84.94% spent as of April 2013, which is down 0.93% from 85.87% in 2011-2012. The figures include the cleanup from Hurricane Sandy. General Fund revenues other than property taxes are $13,101,723 through April 2013 compared to $13,362,908 through April 2012, a decrease of $261,185. After adjusting for the sale of land related to the Crane Road Bridge Project, revenue other than property taxes is actually up $641,815. Revenue from Parking Permits and Meter Revenue continues to be steady, showing an increase of $135,700. Revenue from delinquent taxes and special assessments is also up $200,200 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 $223,600 over last year largely offsetting declines in investment earnings ($37,100), Recreation Fees ($54,000), Departmental Fees ($18,000), and Mortgage tax revenue ($38,400). Revenue from Court Fines increased $52,200. The decline in property rental income of $127,000 is a result of the ongoing negotiations with Con Edison over the substation leases. The actual collection of Village taxes through April 30, 2013 is at 99.34% which is down 0.13% from the 2012 collection percentage of 99.47%. ******** Land Use Committee Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution regarding a proposed building addition at Kid’s B.A.S.E. and the Little School Facility was referred to the Land Use Committee for consideration by a unanimous vote: WHEREAS, Kid’s B.A.S.E. and the Little School (KBLS) and the Village of Scarsdale entered into a lease agreement in July, 1996, later amended in June, 2011, wherein the Village leased the building located at 307 Mamaroneck Road, Scarsdale, New York, to KBLS for the purpose of providing child related services and activities, including day care; and WHEREAS, the aforementioned amended lease is scheduled to expire in September, 2031, and KBLS has now identified a need for additional space to construct a resource room to expand and enhance their library and enrichment programs; and WHEREAS, KBLS has provided a preliminary plan to add one room of approximately 1,240 square feet to the east of the building in Village Board of Trustees 05 -28-2013 P a g e | 162 substantially the same form as depicted on the site and floor plans and elevations, prepared by Ciardollo, Architecture and Planning of 8th Avenue, New York, NY, dated August 24, 2011, which are attached hereto; and WHEREAS, Article 19 of the aforementioned lease agreement states that any changes and/or alterations to the leased premises requires the approval of the Village Board of Trustees as the landlord, as well as land use review and approval from the Planning Board and/or the Board of Architectural Review; and WHEREAS, pursuant to Article 19, the landlord (Village Board) has 30 days to respond, if the plans are simple, and 45 days to respond if the plans are complex, said landlord’s approval to be separate and distinct from approvals required by law by the Planning Board, the Board of Architectural Review and other levels of government where applicable; now therefore be it RESOLVED, that the Village Board of Trustees, in its role of landlord under the terms of the lease, herein approves the proposed alterations to the leased premises in substantially the same form as depicted in the preliminary development plans previously cited and attached hereto; and be it further RESOLVED, that the Village Board’s action is in the context of landlord under the terms of the lease and does not relieve KBLS from requirements under law to obtain all necessary approvals from the Village’s Planning Board, Board of Architectural Review and other levels of government; and be it further RESOLVED, that KBLS shall pay all fees and obtain all appropriate building and construction permits and comply with all laws, rules and regulations of the Village of Scarsdale. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding the Scarsdale Chamber of Commerce Annual Sidewalk Sale was adopted by the vote indicated below: WHEREAS, the Scarsdale Chamber of Commerce has requested permission to hold the annual Sidewalk Sale in the Village Center on Thursday, July 25, Friday, July 26 and Saturday, July 27, 2013; and Village Board of Trustees 05 -28-2013 P a g e | 163 WHEREAS, in addition to utilizing the Village-owned sidewalks to display their wares, this year the Chamber is also requesting the use of Chase Park on the last day of the event to host entertainment; and WHEREAS, participants in the Sidewalk Sale 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 and permits relative to tents, assembly, amusement devices and sale of food must be secured by merchants and vendors prior to the event; and WHEREAS, upon completion of the event, the participants will restore all public areas utilized to the same condition as before the Sidewalk Sale; now therefore be it RESOLVED, that the Scarsdale Chamber of Commerce is hereby authorized to utilize the Village-owned sidewalks located in the Village Center for the purpose of holding the annual public sidewalk sale on Thursday July 25, Friday, July 26 and Saturday, July 27, 2013 as well as Chase Park for various entertainment activities on Saturday, July 27, 2012; and be it further RESOLVED, that the $125.00 tent permit fee in conjunction with the 2013 Sidewalk Sale is herein waived by the Village Board subject to participating merchants filing an application with the Fire Department and obtaining subsequent approval pursuant to an inspection by the Fire Inspector or other authorized Department personnel. 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 authorization to execute a Collective Bargaining Agreement Village Board of Trustees 05 -28-2013 P a g e | 164 with Local 456 of the International Brotherhood of Teamsters was referred to the Personnel Committee meeting tomorrow evening by a unanimous vote: WHEREAS, the Village of Scarsdale (“Village”) and Local 456 of the International Brotherhood of Teamsters (“IBT”) are parties to a Collective Bargaining Agreement (“CBA”) that expired on May 31, 2012; and WHEREAS, changes to the terms and conditions of employment were agreed upon by the parties and placed in the form of a Stipulation of Agreement (“Stipulation”) dated May 13, 2013; and WHEREAS, the membership of the IBT approved of the terms and conditions contained in the Stipulation; and WHEREAS, the Stipulation of Agreement between the Village and the IBT regarding the terms and conditions of employment, for the period June 1, 2012 through and including May 31, 2016 is being presented for approval by the Village of Scarsdale Board of Trustees; now therefore be it RESOLVED, that the Stipulation between the Village of Scarsdale and the IBT dated May 13, 2013 regarding the terms and conditions of employment for the period June 1, 2012 through and including May 31, 2016 is hereby approved; and be it further RESOLVED, that the Village Manager and Human Resources Director are hereby authorized to execute a Collective Bargaining Agreement for the period June 1, 2012 through and including May 31, 2016 between the Village of Scarsdale and the IBT incorporating the terms and conditions of said Memorandum of Agreement. ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications Village Board of Trustees 05 -28-2013 P a g e | 165 Administrative Intern Goodwin reported that one (1) communication has been received since the last meeting:  An email and supporting documents from Bernard and Jeannie Mackler, 5 Lenox Place regarding Farragut Road re-mapping requests. ******** Future Meeting Schedule Mayor Steves announced the following future meeting schedule:  May 29, 2013 – Land Use Committee – 6:00 P.M. – Trustees’ Room  May 29, 2013 – Personnel Committee (to follow Land Use Committee – 7:30 P.M. – Trustees’ Room  June 3, 2013 – Land Use Committee – 6:00 P.M. – Third Floor Meeting Room  June 5, 2013 – Municipal Services Committee – 6:30 P.M. – Third Floor Meeting Room  June 11, 2013 – Committee of the Whole – 6:30 P.M. – Third Floor Meeting Room  June 11, 2013 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  June 11, 2013 – Board of Trustees – 8:00 P.M. – Rutherford Hall ******** There being no further business to come before the Board, on a motion entered by Trustee Mark, seconded by Trustee Martin and carried unanimously, the meeting adjourned at 8:17 P.M. Donna M. Conkling Village Clerk