Board of Trustees

Village Board of Trustees 06 -11-2013 P a g e | 166 THREE THOUSAND ONE HUNDRED EIGHTY-THIRD REGULAR MEETING Rutherford Hall Village Hall June 11, 2013 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, June 11, 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, Village Clerk Conkling, Assistant to the Village Manager Azrelyant, and Administrative Intern Goodwin. ******** The minutes of the Board of Trustees Regular Meeting of May 28, 2013 were approved on a motion entered by Trustee Eisenman, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Martin stated that he had audited the Abstract of Claims dated June 11, 2013 in the amount of $323,117.47 which includes $18,461.84 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 Martin and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated June 11, 2013 in the amount of $323,117.47 is hereby approved. Trustee Martin further stated that payment of bills made in advance of a Board of Trustees audit totaling $953,172.16 were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Martin and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $953,172.16 is hereby ratified. Village Board of Trustees 06 -11-2013 P a g e | 167 ******** Mayor’s Comments Mayor Steves stated that before this evening’s meeting, the Board met as a Committee of the Whole with the Committee on Historical Preservation. He stated that this Board is committed to developing a Historic Preservation Law for the community. The Committee on Historical Preservation will be working with the Board on this issue. This is the first in a series of meetings the Board will hold as the Committee of the Whole with various Boards and Councils. There are many Boards and Councils that have men and women from the community who volunteer and serve an extraordinarily important service. This Board believes that it is important to maintain close communication with those individuals who volunteer and are working so diligently on the behalf of the Village. On another matter, earlier this week the Municipal Services Committee met and the Chairman of that Committee will discuss what transpired at that meeting at the end of this meeting. Mayor Steves stated that there have been a number of emails that have been circulated concerning the meeting of the Municipal Services Committee. He stated that he would like to make it clear for the record that the Village has, on an ongoing basis by necessity worked with the Westchester County Planning Department’s staff, including their engineers, environmental planners, landscape architects and senior management. The County is providing 50% of the funding for the South Fox Meadow Stormwater Management Project, of which Harcourt Woods would be part of. The County suggested modifications to the scope of the work. As appropriate, the Village has accepted some of the modifications and not others. The County, by necessity approved the final design. The final analysis was amended to reflect the work and suggestions that the County made. There is some word out in the community about where the Village has sought second opinions and the cooperative effort involved to produce a project which the Village feels is a balanced project for the community meeting the goals of stormwater management and the preservation goals that the Village adheres to. ******** Manager’s Comments None. ******** Public Comment Lena Crandall, 227 Fox Meadow Road, thanked Mayor Steves for his opening remarks concerning the South Fox Meadow Road Stormwater Project. She requested that the Board ask Westchester County as to whether or not their engineers visited the site in person. From her work on the Cooper Green site, it was unclear as to the level of on-site analysis because when the Friends of the Parks brought in their expert, she saw wetland indicator plants, which in her opinion, would have changed the plantings Village Board of Trustees 06 -11-2013 P a g e | 168 selected. However, Ms. Crandall stated that she respects any findings that this Board has made. She continued by stating that this Phase is the last chance to make improvements to Phase I; the stretch that runs from Scarsdale Library pond, past the High School to the woods that she is trying to protect. If you look at the water next to the Library, you will see that it is crystal clear. At the High School gravel parking lot, you will see that the water is dirty. If you go to the bridge that goes over to the High School cafeteria entrance, the water is very dirty. It is important to bring in a landscape architect, such as the one she has suggested to the Board via email, for a second opinion. The Village should use some of the money to add additional buffer plantings. The snow dump site next to the water makes the flooding and pollution situation worse. She has emailed her comments to the Board. Martin Kaufman, Heathcote Road, speaking on behalf of the Heathcote Five Corners Coalition, noted that the letter from the Coalition to the Land Use Committee on June 3rd is listed on this evening’s agenda under Written Communications, so he will not present other copies of the letter for the record or repeat the comments made there because all of the Trustees were physically present at that meeting. At that time the members of the Coalition and the community expressed their opposition to the adoption and approval of the amendments. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Finance Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding Levy of Village Taxes for FY 2013-2014 was approved by a unanimous vote: WHEREAS, Pursuant to the provisions of Section 17-1722 of the New York State Village Law, the Board of Trustees must levy Village taxes for the current fiscal year not later than the twenty-fifth day of June; and WHEREAS, in order to allow sufficient time to process the tax bills, it is necessary that the following resolution be adopted at the June 11, 2013 Board of Trustees meeting; now therefore be it RESOLVED, that pursuant to Village Law Section 17-1722, there be levied and assessed against the taxable property in the Village of Scarsdale, as contained on the last completed single Village/Town assessment roll, the sum of $34,755,282, being the net amount to be assessed and collected in accordance with the 2013-2014 Budget adopted April 23, 2013, which sum together with the other revenues Village Board of Trustees 06 -11-2013 P a g e | 169 estimated in said budget shall be applied to the purposes set forth in said budget as follows: (SEE ATTACHED BUDGET SUMMARY); and be it further RESOLVED, that pursuant to Real Property Tax Law Section 1432 (1) the Village Treasurer is hereby authorized and directed to collect said amount; and be it further RESOLVED, that pursuant to Real Property Tax Law Section 1432 (2) the Board of Trustees hereby determines that on all such taxes remaining unpaid after August 1, 2013, a two percent (2%) penalty will be added for the first month and an additional one percent (1%) for each month or fraction thereof until paid; and be it further RESOLVED, that the Village Clerk shall cause to be published in the Scarsdale Inquirer notice of collection of the taxes levied herein. ******** Land Use Committee Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution regarding authorization to execute a Payment-in-Lieu of Tax (“PILOT”) Agreement by and between the County of Westchester Industrial Development Agency and Renamba, LLC affecting certain property located on Saxon Woods Road, which property is also known and designated on the Tax Map of the Village as Section 20, Block 1, Lots 3 and 3A (The “Property”) was approved by the vote indicated below: 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, the Project will promote affordable housing and employment opportunities in the Village; 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 Village Board of Trustees 06 -11-2013 P a g e | 170 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 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; and Village Board of Trustees 06 -11-2013 P a g e | 171 WHEREAS, on May 14, 2013, the Village Board of Trustees referred this resolution and agreement to the Village’s Land Use Committee, said Committee convened on May 29, 2013 and voted to recommend that the Village Board act favorably on this matter; 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. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution regarding a request to amend the Village’s Official Map by re-mapping a former paper street connecting Lenox Place and Farragut Road or in the alternative grant an easement was adopted by the vote indicated below: WHEREAS, Avital and Greg Soldatenko reside at 9 Lenox Place, Scarsdale, New York and are also the owner of an abutting lot known as “Lot 117” of the Heathcote Crest subdivision and currently listed on the Village’s tax map as Section 18, Block 2, Lots 217 and 217A; and WHEREAS, Lot 217 consists of approximately 8,139 square feet and Lot 217A is approximately 9,354 square feet. Both lots are currently vacant and neither has frontage on a road that appears on a filed map of the Village Board of Trustees 06 -11-2013 P a g e | 172 Village. Lot 217 is encumbered by a restrictive covenant on development; and WHEREAS, by letter dated May 17, 2012, the Soldatenkos wrote to the Building Inspector requesting a determination as to whether Lots 217 and 217A are building lots for development; and WHEREAS, by letter dated July 11, 2012, the Building Inspector responded to the Soldatenkos’ request for an interpretative ruling and held that on June 28, 1966 the Village Board of Trustees voted to de-map the paper street that connects Lenox Place to Farragut Road. That transaction eliminated a portion of the street and consequently eliminated the required road frontage, which rendered Lots 217 and 217A non- conforming; and WHEREAS, the Soldatenkos sought to appeal the interpretative ruling of the Building Inspector to the Village’s Zoning Board of Appeals (BOA), which upheld the interpretative ruling of the Building Inspector in a resolution dated October 10, 2012; and WHEREAS, in response to the BOA’s determination, the Soldatenkos commenced an Article 78 proceeding in the Supreme Court of the State of New York, Westchester County. That action has been fully submitted to the Court and a decision is pending; and WHEREAS, the Soldatenkos, in furtherance of their efforts to develop Lots 217 and 217A, made an application to the Village’s BOA requesting a variance from the frontage requirement under Scarsdale Village Code (SVC) §310-15; and WHEREAS, the BOA met and considered the Soldatenkos’ application for a variance on January 9, 2013, February 13, 2013 and March 13, 2013, and ultimately denied the requested variance on several grounds including, but not limited to, that the benefit sought by the Soldatenkos could be achieved by another feasible method with a request to the Village Board of Trustees to re-map that portion of Lenox Place that connects to Farragut Road, which was de-mapped in 1966; and WHEREAS, by letter dated April 26, 2013 the Soldatenkos’ requested that the Village Board of Trustees remap that portion of Farragut Road that was de-mapped in 1966 or in the alternative grant an easement that would enable them to access tax lots 217 and 217A; and WHEREAS, the Land Use Committee of the Village Board of Trustees met on May 29, 2013 to consider the Soldatenkos’ request to re-map the portion of Lenox Place and Farragut Road that was de-mapped in 1966 or alternatively grant an easement; and Village Board of Trustees 06 -11-2013 P a g e | 173 WHEREAS, during the meeting the Land Use Committee heard from the Soldatenkos via their representatives, the community and Village staff; and be it WHEREAS, the Land Use Committee unanimously voted to make an unfavorable recommendation on the resolution to re-map the former paper street that connects Lenox Place with Farragut Road and the alternative request for an easement for the following reasons: 1. that the Soldatenkos’ alleged difficulty in developing Lots 217 and 217A is self created in that the Soldatenkos purchased the subject property on March 1, 2001 and consequently knew or should have known that Lots 217 and 217A, at that time, did not have the required frontage on a street or road that appears on the official map of the Village of Scarsdale; and 2. that the former paper street having been de-mapped for approximately 47 years, many of the neighbors and their predecessors in title purchased their homes in reliance on the fact that the former paper street was de-mapped; and 3. that except for individual gain, the Soldatenkos have not presented any compelling reason why the former paper street should be re-mapped or the requested easement be granted; now therefore be it RESOLVED, that the Village Board of Trustees denies the April 26, 2013 request of Avital and Greg Soldatenko to re-map the former paper street that connected Lenox Place to Farragut Road and denies their alternative request for an easement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** 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 adopted by the vote indicated below: WHEREAS, Kid’s B.A.S.E. and the Little School (KBLS) and the Village of Village Board of Trustees 06 -11-2013 P a g e | 174 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 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 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, Board of Architectural Review and other levels of government where applicable; and WHEREAS, at their May 28, 2013 meeting, the Village Board referred this item to their Land Use Committee for further review and discussion, said Committee convening on June 3, 2013 and after receiving a presentation from the KBLS present, voted to recommend to the Full Board that it act favorable on this building addition request, 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 Village Board of Trustees 06 -11-2013 P a g e | 175 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. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution regarding amendments and referral of the Non-Binding Term Sheet for Two-Four Weaver Street to the Planning Board and Zoning Board of Appeals was adopted by the vote indicated below: WHEREAS, the Land Use Committee of the Board of Trustees met on April 14, May 16, June 7, June 22 and August 4, 2011 to discuss the proposal to sell Village land abutting 2-4 Weaver Street as part of a proposed development on the property while receiving input from residents of the community, particularly the Heathcote Five Corners Coalition; and WHEREAS, as a result of the discussions with the community and the abutting land owner/developer, Frederick S. Fish Investment Company -32 Scarsdale, LLC, a non-binding term sheet was created detailing significant terms and conditions that the Village would impose on the proposed multi-family residential development should the Village consider the sale of its land; and WHEREAS, via resolution dated August 9, 2011 (attached), the Village Board referred the non-binding term sheet to the Planning Board to consider as part of any land use development applications submitted by Frederick S. Fish Investment Company -32 Scarsdale, LLC; and WHEREAS, Frederick S. Fish Investment Company -32 Scarsdale, LLC subsequently submitted an application to the Planning Board for site plan approval, lot merger and a parking waiver to construct a three story, 11 unit multi-family building with a parking deck containing 26 residential parking spaces; and Village Board of Trustees 06 -11-2013 P a g e | 176 WHEREAS, the Planning Board reviewed the application at its March 21, April 25, and May 23, 2012 meetings and, as Lead Agency pursuant to SEQRA, determined the proposed project to be an Unlisted Action, having no significant adverse environmental impacts; and WHEREAS, during these deliberations, Frederick S. Fish Investment Company -32 Scarsdale, LLC introduced a project design element not included in the non-binding term sheet, referred to as a “green deck”, or landscaped deck extending beyond the parking structure deck to screen the surface grade parking to the rear of the building at the Heathcote Bypass level, said “green deck” requiring a minor setback variance from the Zoning Board of Appeals; and WHEREAS, the review of the application involved the submittal by Frederick S. Fish Investment Company -32 Scarsdale, LLC of a survey of both the Village and privately owned properties at 2-4 Weaver Street, which revealed that the geometry of the site differed from the previous survey utilized to negotiate the non-binding term sheet, resulting in the need for front and rear yard setback variances, said survey also identifying an additional 5,175 sq. ft. of Village-owned land resulting in the enlargement of the property’s lot lines; and WHEREAS, the use of this additional Village owned land to expand the property lot lines would allow Frederick S. Fish Investment Company -32 Scarsdale, LLC to meet the required setbacks eliminating the need to apply for the aforementioned variances with the exception of the “green deck” and as such, in a letter dated September 27, 2012, Steve Oder, representing Frederick S. Fish Investment Company -32 Scarsdale, LLC, requested that the Village Board amend the non-binding term sheet to include the additional 5,715 sq. ft. of Village land; and WHEREAS, the Village Board’s Land Use Committee met on November 19, 2012 to discuss certain amendments to the non-binding term sheet including the utilization of the additional 5,715 sq. ft. of Village property at the purchase price of $95,000 and voted to recommend that the amended non-binding term sheet be submitted to the Full Board for referral to the Planning Board and Zoning Board of Appeals as they continue their review of the Frederick S. Fish Investment Company -32 Scarsdale, LLC applications for the 2-4 Weaver Street Project; and WHEREAS, on November 27, 2012, the Board of Trustees adopted a resolution accepting the amended non-binding term sheet and referred the same to the Planning Board and Zoning Board of Appeals; and Village Board of Trustees 06 -11-2013 P a g e | 177 WHEREAS, the Developer applied to the Zoning Board of Appeals for the rear yard setback variance for the one story “green deck” which was approved by the Board of Appeals on December 12, 2012; and WHEREAS, by letter dated February 26, 2013, the Developer, in response to receiving feedback from the residential marketing community, submitted a further request to amend the non-binding term sheet, which included raising the Green Deck from the parking deck level to the level of the residential living space to be used as private terraces and to include storage for the residential units; and WHEREAS, the Developer’s letter further explained that as a result of elevating the Green Deck, the Developer would be able to utilize the space underneath the Green Deck to re-work the contemplated parking spaces, create building storage, provide egress stairs and utilize 825 square feet for residential storage units thereby enhancing the marketability of the project; and WHEREAS, the Village Board referred the Developer’s request to the Planning Board, which considered the request at meetings on March 30, 2013 and April 24, 2013; and WHEREAS, on April 24, 2013 the Planning Board recommended that the Village Board consider favorably the Developer’s requested changes and referred the matter back to the Village Board of Trustees; and WHEREAS, by letter dated May 8, 2013, the Developer reiterated its request to the Village Board and noted that the Planning Board recommended favorably the proposed changes; and WHEREAS, on June 3, 2013 the Village Board’s Land Use Committee met to discuss the recent proposed amendments to the non-binding term sheet and, after a presentation by the Developer and taking into consideration the comments from the community, the Land Use Committee agreed to recommend that the Board of Trustees amend the non-binding term sheet to include the second set of changes and that in light of such changes, that the proposed purchase price included in the non-binding term sheet be increased by $255,000 to $500,000; now therefore be it RESOLVED, that the amended non-binding term sheet, dated June 3, 2013, attached hereto and made a part hereof, is referred to the Planning Board and Zoning Board of Appeals to be considered as part of Frederick S. Fish Investment Company -32 Scarsdale, LLC’s application(s). Village Board of Trustees 06 -11-2013 P a g e | 178 AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves Before the vote on the above resolution, Trustee Mark made the following remarks: “This matter as you have heard from the recitals in the resolution has received extended and considerable focus. There were some comments that were conveyed to us by the community at the meeting on June 3rd where it might have appeared that it was all preordained. I want to assure the members of the community who are here and those that are watching on cable that the Land Use Committee and the other Trustees as well, all of whom attended that June 3rd meeting, had the benefit of not only the developer’s submissions but the submissions of the residents – whether they be by email or by letter – and I thank the Heathcote Fiver Corners Coalition for their June 3rd letter to which Mr. Kaufman referred, early enough in the day to allow us to read it and to have the developer respond to that. At that meeting there was an opportunity for residents to hear the developer, for the Trustees and the Committee members to hear the developer, and not hearing anything different at that meeting from what had been heard and been given quite close study prior to that meeting, the Committee was able to make a recommendation, and at that time it did. I read an extensive statement at that meeting which I’m going to ask be included in the minutes of this meeting so it will be publically available to all to read. I will note that the statement already is set forth in full on the website, www.scarsdale10583.com so in advance of it being included in the minutes of this meeting it is already accessible to the public. Without repeating that entire statement, I would like to make a couple of points that are summaries of what was the basis for the rationale on June 3rd. We have in mind that the Developer has the right to use the 2-4 Weaver site for commercial purposes. He could tear down the tavern building and build a commercial building on the site “as of right.” Under the Non-Binding Term Sheet, if the Village-owned land is sold to him, the Developer would give up the right to use the site for a commercial establishment, would preserve the tavern façade for 25 years and would agree to certain other conditions, all in exchange for the ability to build a larger building devoted solely to residential use. As the 2-4 Weaver is zoned as a commercial site, the Village has no other way of exacting these and the other conditions referred to from the Developer. Village Board of Trustees 06 -11-2013 P a g e | 179 The Developer could also sell the property to another developer who might have no interest in bargaining with the Village as this Developer has done. We have received, read, listened to and considered the comments of all residents who spoke and wrote to us about the project at 2-4 Weaver Street. At the meeting of the Land Use Committee held on June 3, 2013, I made a more detailed statement as to the reasons for the recommendation to approve the request being made by the Developer. I request that the statement be included in the minutes of tonight’s meeting so it will be accessible on the Village web site to those residents who choose to read it. I note also that this is not the end of the process for the Developer. The Developer will still have to apply for approvals of various aspects of the project going forward – such as approvals of the Zoning Board of Appeals, Planning Board and the Board of Architectural Review, among others – and therefore residents will have further opportunities to express their views about the project in those venues. So while tonight’s meeting will move this project along to some extent if the Board votes in favor of this resolution, it is not the end of the process that this project will have to go through before it can be built and no sale of the Village-owned land would occur until all the appropriate approvals are obtained. One further point: We have received at least one comment, maybe more, that implies the Land Use Committee recommendation might be attributed to a lack of sensitivity on the part of Committee members to the area of the Village in question. That is simply not the case. Regardless of where Trustees live in Scarsdale, we try to make the judgment we think best after weighing the many competing interests that are often presented. Where we happen to reside in the Village may provide useful context in some cases, just as any resident’s comments may provide context, but where Trustees live in our Village does not drive our decision making in any way.” Trustee Brodsky stated that this is a Non-Binding Term Sheet, so in addition to all of the other considerations that Trustee Mark referred to, this does not become a binding agreement until it comes back to this Board. With respect to the applications before the other Boards, residents will have the opportunity to continue to make comments and express their views to this Board. The following is Trustee Mark’s statement made at the June 3, 2013 Land Use Committee Meeting: Land Use Committee of the Scarsdale Board of Trustees Meeting re 2-4 Weaver Proposal June 3, 2013 Statement of Jon Mark, Committee Chair 1. Background. Village Board of Trustees 06 -11-2013 P a g e | 180 We are once again discussing 2-4 Weaver Street and the Developer’s plans for that site. This project has received a lot of Village Board attention and has now been focused on by three different Village Boards in 2009, 2011, 2012 and now in 2013. The Developer owns the major portion of the 2-4 Weaver Street site and he has told the Village that he plans to develop the site in a manner that conforms to the zoning applicable to the Five Corners intersection, which allows for commercial development. Over the last four years, a request by the Developer that has been before the Village Board in one form or another is whether the Village would sell to the Developer Village-owned property at the site. Specifically, over the last two years, the Village has formulated non-binding terms with the Developer that would allow the Village to have substantial input into the way in which the property is developed if the Village-owned land were sold. The request presently pending relates to a modification of those non-binding terms. A bit of recent history: Following five meetings of the Land Use Committee which took place in a period from April 2011 to August 2011 in which residents and the Developer participated, this Committee recommended to the Board of Trustees, and the Board of Trustees approved a Non-Binding Term Sheet that set forth the terms and conditions under which the Village would agree to sell approximately 9,000 square feet of Village-owned land to the Developer for a price of $150,000. The rationale for the Committee’s recommendation were given in a statement read at an August 4, 2011 meeting of the Committee and that statement was reproduced in full in the minutes of the Village Board meeting held on August 9, 2011. Those minutes are posted on the Village web site under the Board of Trustees section of the site. This Committee was not called upon to consider the 2-4 Weaver project again until November 19, 2012 as the Developer was doing whatever work was called for to move the project forward – including applying for appropriate approvals from the Village and the Planning Board. In November 2012, the Developer returned before the Village Board and this Committee seeking a modification of the Non-Binding Term Sheet to accommodate the addition of a so-called Green Deck at the rear of the proposed building and a related rear set-back variance that the Developer intended to request. In addition, the Developer requested that the Village consider the sale of additional parcels of land aggregating approximately 5,715 square feet. The request was prompted by the Developer’s receipt of a more technical site survey that revealed that the geometry of the site was not as originally perceived by a previous survey relied on at the time the Non-Binding Term sheet was drafted in 2011. At a public meeting of the Committee held on November 19, 2012, the Developer’s request was considered, discussed and recommend to the full Board. The rationale for the Committee’s recommendation was given in a statement read Village Board of Trustees 06 -11-2013 P a g e | 181 at that meeting and that statement was reproduced in full in the minutes of the Village Board meeting held on November 27, 2012. Those minutes are posted on the Village web site under the Board of Trustees section of the site. Following the November 2012 meetings, the Non-Binding Term Sheet was modified to accommodate the Green Deck, certain other related changes and the proposed purchase of the additional 5,715 square feet of land was also added to the Non-Binding Term sheet for additional cash consideration of $95,000. It is noted that the rear-yard setback variance requested by the Developer was granted by the Zoning Board of Appeals on December 12, 2012. 2. The Developer is before the Village Board and this Committee once again with a further request which the Developer states is prompted by feedback received from several sources within the marketing community. It is noted that while the proposed changes do increase the bulk of the building, for the reasons noted they do not involve changes in the overall dimensions of the proposed building, nor do they involve the extension of the Green Deck beyond the width of the proposed building. As initially outlined in a letter dated February 26, 2013, a revised letter dated May 8, 2013, and accompanying drawings, the Developer wishes to re-work the Green Deck design as follows: a. Raising the Green Deck and Addition of Storage Units below the Raised Deck. i. The Developer’s drawings now show that the Green Deck would be raised up one level from the parking deck to the level of the residential living space. As a result, the residential units at that level will benefit from having private terraces rather than merely overlooking a Green Deck that was to be one level below. The Developer believes that this will be an added benefit for these units. ii. The space underneath the Green Deck would be used for previously contemplated parking, building storage and mechanicals, egress stairs and 825 square feet of individual storage units off the parking level for resident use. The Developer states in its February and May letters that their marketing review indicated that this would be another benefit as the target demographic for the project will be empty nesters looking to downsize from larger family homes and the proposed storage units “are a crucial element in order to market to this demographic.” iii. The Village Board referred the Developer’s February 2013 request to the Planning Board and the Developer appeared before the Planning Board on March 30, 2013 and provided additional information to the Planning Board at a meeting held on April 24, Village Board of Trustees 06 -11-2013 P a g e | 182 2013. At the April 24th meeting, the Planning Board approved the Developer’s requested changes and referred the matter back to the Village Board. In doing so the Planning Board commented that the changes requested were “deminimus and [did] not add significantly to the mass or bulk of the proposed building.” b. In order to reflect these changes, the Developer requests that the Non- Binding Term-Sheet be revised so that the section title “Density” permits the additional 825 square feet of storage and the section titled “Variances” be modified to permit the raised deck and the uses contemplated beneath it as previously describe 3. In making these requests, the Developer has represented that no other changes in the Non-Binding Term Sheet are being sought, that the revisions requested will not result in a project of additional units (the restriction in the Non-Binding Term Sheet to 11 units, including one affordable unit will remain) and that the Developer would continue to agree to all of the other restrictions to be placed on the site as contemplated by the Non-Binding Term Sheet. Among other things Developer noted that the proposed height of the building will not change as a result of these changes. 4. We have noted the comments of the Developer in its letters that by raising the Green Deck it is able to “enlarge the entrance lobby space and make the parking structure more suited to a high-end residential project.” 5. We have read the letters dated April 23, 2013 and June 3, 2013 from the Heathcote Five Corners Coalition and at our request the Developer’s representative has responded to each of the questions in the letters during his presentation at this meeting. We have also read the numerous emails we have received in the last several days from residents expressing opposition to this entire project. 6. I am still inclined to recommend that this Committee recommend to the Board that the Developer’s request be granted subject to the following: The Developer’s letters state that the changes proposed to be made to the project are the result of marketing feedback the Developer received and make it more marketable. I have therefore proposed to the Developer that the purchase price for the parcels of Village land that the Developer wishes to purchase be increased to $500,000. The Developer has indicated his acceptance of this further change in the Non-Binding Term Sheet. It is noted that the Heathcote Five Corners Coalition has suggested that the additional proceeds from the sale of the land, if it occurs, be dedicated to traffic mitigation projects at the five corners intersection. When and if the sale of the Village-owned land occurs at some future date, the proceeds from the sale would go into the Village General Fund. At that Village Board of Trustees 06 -11-2013 P a g e | 183 time, the Village staff and Village Board could take into account this suggestion in the context of the circumstances that exist at that time. 7. As was the case in August 2011 and again in November 2012, this Committee continues to believe that the opportunity afforded the Village to impose the land use restrictions on 2-4 Weaver that the Developer has indicated he would agree to is beneficial to the Village and could not be accomplished in any other way. To fail to take advantage of this opportunity would be the Village’s loss since other than compliance with the zoning code, the Developer would be free, among other things to build a smaller structure “as of right” which could be used wholly for commercial purposes. A commercial use only building would have the potential of greater traffic impact than a building used solely for residential purposes. The other aesthetic elements contained in the proposed term sheet would also be lost. 8. The Developer could also sell his land to another developer who might have no interest in bargaining with the Village as the Developer has done. 9. In short, the present proposal, even as further modified, would continue to provide the Village with an opportunity to have significant influence on how the site at 2-4 Weaver is developed above and beyond the requirements of the zoning and other building codes. In reaching this conclusion, I wish to caution the Developer that going forward any future requests that might further increase the bulk of the proposed building will be closely scrutinized and further requested modifications in the Non-Binding Term Sheet to accommodate any such requests may not be achievable. It is, therefore, at least my recommendation that it would be advisable that the Developer not submit requests of that sort in the future. That being said, it is recognized that this is the Developer’s project to manage and it is assumed he will do so as he sees fit within the confines contemplated by the Non-Binding Term Sheet, applicable Village Code provisions and other applicable laws, rules and regulations. 10. Lastly, I note that the Developer will still have to apply approvals of various aspects of the project going forward – such as approvals of the Zoning Board of Appeals, Planning Board and the Board of Architectural Review, among others – and therefore residents will have further opportunities to express their views about the project in those venues. So while tonight’s meeting will move this project along to some extent, it is not the end of the process that this project will have to go through before it can be built and no sale of the Village-owned land would occur until all the appropriate approvals are obtained. 11. For all of the foregoing reasons, I move that the staff be instructed to amend the Non-Binding Term Sheet to incorporate the changes as discussed at this meeting and that the amended Non-Binding Term Sheet be placed on the Village Board’s agenda for the meeting to be held on June 11, 2013 for further referral to the Planning Board and Zoning Board for consideration during their review. ******** Village Board of Trustees 06 -11-2013 P a g e | 184 Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution regarding authorization to execute a License Agreement with the Greenacres Association of Scarsdale, Inc. – Traffic Island Plantings was adopted by a unanimous vote: WHEREAS, Section 281-18 of the Scarsdale Village Code allows for the planting of trees, shrubs and other plantings on Village property upon securing a permit from the Village Engineer; and WHEREAS, in a May 18, 2009 letter, the Greenacres Association of Scarsdale, Inc., known as the Greenacres Neighborhood Association (GNA) requested permission to beautify the Village-owned traffic island located at the Greenacres Avenue / Colvin Road intersection through the implementation of an April 22, 2009 planting plan (Plan) developed by Eti Katoni, ASLA Landscapes, LTD; and WHEREAS, after various discussions, meetings and exchanges of correspondence with the GNA, Village staff has incorporated the permit requirements of Village Code Section 281-18 in the form of an agreement including provisions for ongoing maintenance responsibilities and said agreement was approved by the Village Board via resolution dated June 9, 2009; and WHEREAS, the GNA has recently proffered an amended and restated license agreement to provide the GNA the right to terminate the agreement with all other provisions remaining in substantially the same form, which was reviewed by the Village Attorney; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute the amended and restated license agreement, in substantially the same form as attached hereto, with the Greenacres Association of Scarsdale, Inc., allowing for the implementation of a planting plan on the Village-owned traffic island at the Greenacres Avenue / Colvin Road intersection and the future maintenance of same. ******** Law Committee Trustee Lee stated that the following resolution announces a public hearing on amending Scarsdale’s Noise Ordinance. The proposed change to the Noise Ordinance deals with the timing of when deliveries and pickups to and from places of business can be made, specifically a proposed change that would allow deliveries of supplies or merchandise and collections of garbage or refuse from places of business to begin at 6:00 A.M., rather than 7:00 A.M. which is what the local law currently provides for. This proposed amendment can Village Board of Trustees 06 -11-2013 P a g e | 185 be viewed on the Village website and those with any questions regarding the proposed amendment may call the Village Manager’s office at 722-1110. Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution to set a Public Hearing on a Local Law Amending Chapter 205 “Noise” was approved by a unanimous vote: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Tuesday, June 25, 2013, at 8:00 pm on proposed amendments to Village Code Chapter 205 “Noise”; and be it further RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding a Cooperative Agreement between the Village of Scarsdale and the Scarsdale Union Free School District was approved by a unanimous vote: WHEREAS, the Village of Scarsdale and the Scarsdale Union Free School District entered into a cooperative agreement on December 18, 1991 for a term of twenty years for the consolidation of vehicular and facilities maintenance operations which at the time exemplified and symbolized intergovernmental cooperation in striving to achieve effective and efficient management of certain aspects of Village and School operations; and WHEREAS, the Village Central Maintenance Facility, since its dedication on April 22, 1992, has proven to represent a cost beneficial arrangement which has served to be more than an example of the economic efficiencies that can be gained in a cooperative model, but has also been a catalyst in the ongoing practice of the Village and School District to share other related skills and capabilities all to the benefit of the taxpayers and residents of Scarsdale; and WHEREAS, it has become necessary for the Village and the School Board to renew this very successful agreement and operation and Village and School Staff have been reviewing existing terms and conditions and discussing future needs to be incorporated in a successor agreement, a term that will be in effect for ten years, from December 19, 2011 to December 18, 2021; and WHEREAS, in consideration of the School District’s utilization of an expanded and improved school bus storage area at the Village Village Board of Trustees 06 -11-2013 P a g e | 186 Sanitation/Recycling Center; use of the vehicle and equipment facility and Village mechanics and other personnel at 25 Ramsey Road for all of its mechanical and maintenance operations; use of the centralized computer driven fueling station for its rolling stock and equipment and the sharing of snow and ice control supplies and other materials and supplies associated with the District’s operations; and WHEREAS, in consideration for the School District’s participation in the cooperative agreement and all ancillary sharing of resources, the School District shall pay an annual rent of $126,305, the first payment made by December 18, 2012 with subsequent payments made on December 18th of each year through and including December 18, 2021, with the exception of years 2 and 3 under this agreement where the rent payment shall be $135,755; and WHEREAS, the lease agreement also provides for District reimbursement to the Village for actual expenses associated with employee wage and benefits, supplies, utilities, materials, building and service repairs required under this agreement to its fleet of busses, vehicles, equipment and to house its Grounds and Maintenance Departments and on a cost sharing basis specified in the agreement and for any capital purchases and improvements to be agreed upon on an as-needed basis; now therefore be it RESOLVED, that the Village Board herein authorizes the Village Manager to execute the attached extension of the December 18, 1991 cooperative agreement between the Village of Scarsdale and the Scarsdale Union Free School District, in substantially the form attached hereto, and to undertake all administrative acts necessary to successfully fulfill the intent of the agreement for the continued standard of excellence that has been established between the two levels of government. ******** Mayor Steves stated that the community needs to know that this is an exceptional cooperative effort that has brought economies and efficiencies to the community. He has had the luxury of seeing it at the School Board and now the Village side. What is important to note is that it has produced the highest safety ratings, particularly with the school buses that can be applied. This is not simply another contract. This is a concept that has worked and a major effort in the Village to bring efficiency and lower cost by management. ******** Village Board of Trustees 06 -11-2013 P a g e | 187 Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding acceptance of a gift – Historic Milestone Marker was approved by a unanimous vote: WHEREAS, during colonial times, Benjamin Franklin, Postmaster General, ordered and oversaw the placement of milestone markers along the principal mail routes throughout the northern colonies; and WHEREAS, the 24th milestone marker along White Plains Post Road was placed in Scarsdale in 1771 and provided the distance from the old New York City Hall located at Wall and Nassau Streets in Manhattan, said marker located just south of Wayside Lane on the west side of White Plains Post Road near Wayside Cottage; and WHEREAS, in 1908, the Daughters of the American Revolution provided a large boulder with a niche to protect the stone in place; and WHEREAS, in an effort to further preserve the milestone, a group of preservationist-minded citizens and groups including John and Christine Bensche, A.M. Art Conservation, LLC, White Plains Daughters of the American Revolution and the Scarsdale Historical Society offered to restore the milestone marker and relocate it inside Village Hall; and WHEREAS, the milestone marker has been cleaned, stabilized and otherwise fully restored and mounted on a pedestal covered by a plexiglass vitrine and relocated in the lobby of Village Hall; and WHEREAS, the group donated funds and professional services for the costs of the restoration and relocation work as follows: Scarsdale Historical Society - $1,000, White Plains Daughters of the American Revolution - $500, John and Christine Bensche - $850 and A.M. Art Conservation, LLC – estimated professional services rendered pro bono - $2,100; and WHEREAS, Policy #106, “Gifts to the Village of Scarsdale,” Village’s Policies and Procedures Manual, states that gifts estimated to be at $500 or greater in value must be approved by the Village Board; now therefore be it RESOLVED, that in accordance with Section 2.1 of Policy #106, “Gifts to the Village of Scarsdale,” the Village, herein accepts the aforementioned White Plains Post Road 24th milestone marker that was restored and relocated to Village Hall; and be it further RESOLVED, that the Village Board of Trustees hereby extends its gratitude to John and Christine Bensche, A.M. Art Conservation, LLC, White Village Board of Trustees 06 -11-2013 P a g e | 188 Plains Daughters of the American Revolution and the Scarsdale Historical Society for their generosity to the community and for preserving a relic of our history. ******** Mayor Steves announced that there will be a formal ceremony at 10:30 A.M. tomorrow morning in the lobby of Village Hall for the Village to accept this very generous and thoughtful gift. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution to award VM Contract #1157 – Furnish & Deliver Refurbished Spreader Truck was approved by the vote indicated below: WHEREAS, the Department of Public Works as part of its snow removal efforts, utilizes a 1995 Ford 9000 Flow and Dump Truck which has a conveyor belt system for salt spreading and a 12-foot plow mounted during heavy snow events to plow snow on the Village’s main roads; and WHEREAS, recent inspections and repair orders for this truck have indicated that the truck is no longer reliable as it has severe deterioration of its chassis and is in need of major repairs and maintenance; and WHEREAS, staff developed specifications for a refurbished truck to replace the 1995 Ford 9000 through VM Contract #1157 – Furnish and Deliver Refurbished Spreader Truck; and WHEREAS, this contract was separated into three (3) proposals: Proposal A – Furnish and Deliver Refurbished Spreader Truck; Proposal B - Furnish and Deliver Snow Plow; and Proposal C – Furnish and Deliver Liquid Calcium Chloride System; and WHEREAS, on May 24, 2013, the Village Manager reports that he publicly advertised for the receipt of bids under VM Contract #1157, sending bid proposals to approximately 200 vendors and placing the advertisement on BidNet.com; and WHEREAS, on the bid opening date, May 24, 2013, one bid was received from Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716, at a unit bid prices itemized as follows: Proposal A - $63,950; Proposal B - $10,250; and Proposal C - $6,564; and WHEREAS, Village staff has reviewed the bid and recommends awarding only Proposals A at $63,950 and B at $10,250 for a total amount of $74,200, as another less costly liquid calcium chloride system Village Board of Trustees 06 -11-2013 P a g e | 189 option (Proposal C) is available to be installed by Central Garage staff; and WHEREAS, the Village has purchased equipment from Trius, Inc. in the past and has been satisfied with these purchases and the quality and timeliness of required repairs or maintenance; now therefore be it RESOLVED, that VM Contract #1157 – Furnish and Deliver Refurbished Spreader Truck, be awarded to the sole responsible bidder Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716, at unit bid prices itemized as follows: Proposal A - $63,950; Proposal B - $10,250; and be it further RESOLVED, that the cost of same be charged to Capital Budget Account # H- 5197-963 2014-052 DPW Highway Equipment and Vehicles; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1157 on behalf of the Village of Scarsdale with said Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716 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 authorizing wage increases for Department Heads and Non-Union Personnel was approved by the vote indicated below: WHEREAS, the Village Board of Trustees (Village Board) has traditionally adopted annual salary increases for department heads and other non-union personnel 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 Village Board of Trustees 06 -11-2013 P a g e | 190 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 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; and WHEREAS, at their May 14, 2013 Village Board meeting, the Village Board of Trustees referred this Resolution to the Village Board’s Personnel Committee for consideration, and after consideration of this Resolution at the May 29, 2013 Personnel Committee meeting, the committee favorably recommended this item to the Village Board; now therefore be it Village Board of Trustees 06 -11-2013 P a g e | 191 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. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Martin, and seconded by Trustee Mark, the following resolution authorizing the execution of a Collective Bargaining Agreement with Local 456 of the International Brotherhood of Teamsters was approved by the vote indicated below: 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; and WHEREAS, at the May 28, 2013 Village Board meeting, the Village Board of Trustees referred this Resolution to the Village Board’s Personnel Committee for consideration, and after consideration of this Village Board of Trustees 06 -11-2013 P a g e | 192 Resolution at the May 29, 2013 Personnel Committee meeting, the committee favorably recommended this item to the Village Board; 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. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Martin, and seconded by Trustee Mark, the following resolution regarding an appointment to the Conservation Advisory Council be referred back to the Personnel Committee by a unanimous vote: WHEREAS, the Conservation Advisory Council consists of nine members appointed by the Village Board for two year terms; and WHEREAS, Lauren Porosoff, 22 Olmsted Road, has resigned from her position on the Conservation Advisory Council, resulting in a vacancy; and WHEREAS, the Village Board’s Personnel Committee met on May 29, 2013 to discuss potential candidates and reviewed and discussed the resume of Robert S. Reiffel, 15 Cayuga Road, to fill said vacancy and herein recommends to the Full Board that Mr. Reiffel be appointed to serve the unexpired term of Ms. Porosoff on the Conservation Advisory Council; now therefore be it RESOLVED, that Robert Reiffel, 15 Cayuga Road, is herein appointed to the Conservation Advisory Council to fill the unexpired term of Lauren Porosoff or until April 6, 2015. Village Board of Trustees 06 -11-2013 P a g e | 193 ******** Other Committee Reports On behalf of the Municipal Services Committee, Trustee Eisenman stated that there was a meeting on June 5th regarding the South Fox Meadow Stormwater Improvement Project. A presentation was made by Dvirka & Bartilucci (D & B), the Village’s Consulting Engineer regarding the redesigned Harcourt Woods section of the project. Most of the project is already complete; George Field Park detention basin and the Cooper Green detention basin. The last part of the project is the Harcourt Woods where de-siltation of the open water course is being done and the Brewster Road drainage diversion to the basin which was part of what was discussed at the meeting the other night. D & B has finalized the plans and along with Village Staff, they met with Westchester County officials regarding the redesigned scope and the County has agreed that the proposed scope of services is acceptable. As a point of interest, the Landscape Architect from the County did make two site visits to the site so he is aware of the physical dimensions of that project. It will be considered eligible by the County for the expenses reimbursable to the Intermunicipal Grant Agreement. Construction documents have been prepared and the project advertised for bidding. D & B presented the scope of work, questions were asked and answered. Mayor Steves added that he was advised by the Village Manager that the Village will seek the review of a Landscape Architect before any contracts are awarded. ******** Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that nine (9) written communications have been received since the last meeting:  A letter from Kim McKee, Scarsdale School District Transportation Director, regarding a New York State Department of Transportation Bus Inspection System Operator Profile Report for the year ending April 2013. The Village of Scarsdale is recognized for achieving a 100% pass rate for the 167 buses inspected. A memorandum from Village Manager Gatta congratulating the Central Garage staff is attached.  An email from Thomas Giordano, 3 Montgomery Road, regarding the Scarsdale Forum’s Report on Historic Preservation. Village Board of Trustees 06 -11-2013 P a g e | 194  A letter from the Heathcote Five Corners Coalition concerning the proposed development at 2-4 Weaver Street.  Six emails were received from the following residents in opposition to the re- mapping of Farragut Road: - William and Lynn Meyers, 15 Lenox Place - Robert Dorr and Lori Weiser, 7 Lenox Place - Jeannie Mackler – 5 Lenox Place - Marcel Margulies, 27 Farragut Road - Todd Hayes, 3 Lenox Place - Stacy Rifkin, 15 Tyler Road ******** There being no further business to come before the Board the meeting adjourned on a motion entered by Mayor Steves, seconded by Trustee Mark, and carried unanimously at 9:03 P.M. Donna M. Conkling Village Clerk