Board of Trustees

Village Board of Trustees 06 -25-2013 P a g e | 195 THREE THOUSAND ONE HUNDRED EIGHTY-FOURTH REGULAR MEETING Rutherford Hall Village Hall June 25, 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 25, 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, Assistants to the Village Manager Azrelyant and Schnabel, and Administrative Intern Goodwin. ******** The minutes of the Board of Trustees Regular Meeting of June 11, 2013 were approved as amended on a motion entered by Trustee Lee, seconded by Trustee Mark, and carried unanimously. ******** Bills & Payroll Trustee Stern stated that he had audited the Abstract of Claims dated June 25, 2013 in the amount of $1,257,780.54 which includes $43,160.52 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 Stern and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated June 25, 2013 in the amount of $1,257,780.54 is hereby approved. ******** Mayor Steves requested a motion from the Board to add an item to the agenda this evening with respect to the Cable Television Commission; motion entered by Trustee Mark, seconded by Trustee Brodsky, and carried unanimously. ******** Mayor’s Comments Village Board of Trustees 06 -25-2013 P a g e | 196 Mayor Steves reported that last Wednesday the Board met with some of the Senior Staff and took the Annual Bus Tour around the Village. This is a traditional tour that is taken to introduce new Trustees and to remind existing Trustees of the various Capital Projects that the Village is involved in. The tour began at the Firehouse next to Village Hall; during the course of this Fiscal Year the Board will receive a proposal to renovate that facility to deal with some structural issues in the driveway area and renovate the interior of the building. The Board visited the two pump stations that the Village maintains – one was just completed, and the Village is in the process of renovating one located down by the Hartsdale train station. The water pressure in the Village is excellent; that is the result of well maintained pumping stations. The Board had an opportunity to see what the capital expenditures will be for the renovation of the plant in Hartsdale. A considerable amount of time was spent driving around the Sheldrake River area where the Village is dealing with the community in terms of the potential for flooding in that area. The Board looked at the various topographical and geological issues that are in that neighborhood. The Board then viewed the completed project at Cooper Green and George Field Park as part of the South Fox Meadow Stormwater drainage area, and garnered an understanding of how that worked and how the money was spent in that area. We have seen that there was some mitigation achieved during the last rainstorms that have occurred. Mayor Steves stated that the Board does take the time to get as ‘hands-on’ as it can in terms of the projects where the community’s tax money is being spent. ******** Manager’s Comments None. ******** Public Hearing Trustee Lee introduced a Public Hearing scheduled for this evening to receive comments on a proposed amendment to the Village Code Chapter 205 “Noise”. The amendment would expand the current regulation by one hour when deliveries and pickups can be made - specifically, deliveries of supplies or merchandise, or the collection of garbage/refuse. Presently the law allows those deliveries or pickups to take place between 7:00 a.m. and 11:00 p.m. The amendment would allow the deliveries and pickups to be made as early as 6:00 a.m. Trustee Lee entered a motion to open the public hearing for comment, seconded by Trustee Eisenman and carried unanimously. Dennis Conroy, 1 Christie Place, stated that he was a member of the Board of Managers and that several residents of Christie Place were in the audience. He stated that Village Board of Trustees 06 -25-2013 P a g e | 197 many of the homeowners are facing Christie Place and have had great difficulty in terms of the noise from Christie Place emanating from garbage pickups in the middle of the night, early morning deliveries, truck engines running, horns blaring, etc. He stated that the residents have met with the Village Manager on a couple of occasions to try to address the issue. While they realize they are adjacent to a commercial center and benefit from the nearness of businesses, the Christie Place residents need their sleep. Mr. Conroy stated that the homeowners are concerned about the expansion of delivery times in the Code by the additional hour. If this amendment is adopted, it is critical that enforcement be a factor for the homeowners at Christie Place to get their rest. Ed Vassallo, 1 Christie Place West, across the street from DeCiccio’s, stated that in September 2012, eighteen residents of Christie Place signed a petition that was sent to the Village Engineer/Building Inspector informing him that the existing ordinance was being violated on a regular basis. A log of deliveries to DeCicco’s was attached to the petition, starting as early as 2:42 a.m. The homeowners asked the Village to investigate and received an acknowledgment of the receipt of the petition, were informed that the Village would investigate, but never received a substantive response. Mr. Vassallo continued by stating that it appears the Village’s response is to make legal that which is presently illegal, and which is causing substantial inconvenience and harm to some residents of 1 Christie Place. The residents are disappointed with the reaction of the Village. He stated that the residents have not seen any showing of need for the amendment and added that he thought it was a bad idea to allow deliveries and pickups at 6:00 a.m. rather than 7:00 a.m. The noise is quite substantial. The residents of Christie Place are lacking the information regarding the need for this amendment. He invited the Board to come out at 5:00 a.m. in front of Christie Place with him and they will hear what the residents are hearing. Robert Casale, 1 Christie Place West, asked the Board to share with the Christie Place residents the number of violations of the existing ordinance that have been issued in the last year. Mayor Steves informed Mr. Casale that this information could be obtained for him. Mr. Casale asked the Board why this amendment was being proposed. Mayor Steves recognized Village Manager Gatta to respond to this inquiry. Mr. Gatta stated that the comments that have been heard this evening are comments that the Village has been hearing for the last five to ten years. The comments heard on the other side are that this is a commercial area and they have to do business. Village Staff had a number of meetings with some residents at Christie Place, Building Management at Christie Place, and the merchants. Village Manager Gatta continued, stating that the problem is quite simple. The downtown was designed in 1922 and there were no buffer zones made in the downtown with the adjacent residential buildings. There is no delivery space, no delivery alleys, there are no garbage off-street pickup spaces, so now the Village is burdened with this. Now Village Board of Trustees 06 -25-2013 P a g e | 198 there are residents living in the downtown and the residents are bothered by the noise. What was said here this evening has been said time and time again over the years. At the meetings held about this problem it was attempted to reach a reasonable compromise. We can’t move the downtown, we can’t move the residents, but one thing we can do is to give the merchants one more hour in the morning as long as they understand that the Village will strictly enforce the regulations. This will give the merchants one more hour to fit in their garbage pickups, etc. at 6:00 a.m. rather than between 3:00 a.m. and 5:00 a.m. The Village’s interest in this was that we don’t want deliveries taking place on streets that are too narrow around 11:00 a.m. through 2:00 p.m., the busiest time in the downtown. There is a lot of traffic at that time, and when there are large trucks delivering during those hours it becomes a pedestrian and public safety hazard. There are three conflicting interests here and the Village has tried to come up with something that was workable. All parties or their representatives were at the meeting and this is the solution that was reached. We have to work with what we have and this is what the Village is trying to do. Mr. Casale stated that the residents at Christie Place see very little evidence of existing enforcement and he would like to know how the Village can insure enforcement going forward. Village Manager Gatta stated that this is part of the arrangement – the Village will strictly enforce the regulations now that the merchants are being given the extra hour for deliveries/pickups. There is a full understanding now that if these deliveries/pickups are made before 6:00 a.m., the merchants will be ticketed. Renee Vassallo, 1 Christie Place West, stated that she was at this meeting where this was discussed and that at the end of the meeting was astounded that because people were disturbed by noise before 7:00 a.m., it was changed to 6:00 a.m. She did not feel that this was a compromise. She questioned why deliveries couldn’t be made in the evening, such as between 7:00 p.m. and 9:00 p.m. when there is less vehicle and pedestrian traffic. Village Manager Gatta responded that this should have been brought up at the meeting so it could have been discussed. Mayor Steves proposed that the Board defer adoption of the amendment to the Noise law and send it back to Committee for discussion to insure that there is simply no question on the part of the residents that this wasn’t given enough vetting. The goal here as stated by the Village Manager was to balance real needs. Enforcement is something the Village feels it will now have the leverage to do. On a motion entered by Mayor Steves, seconded by Trustee Mark and carried unanimously, the Public Hearing on the amendment to the Noise Law was deferred to Committee and will be taken up at the next Village Board meeting. Mayor Steves stated that this matter will be discussed with the understanding that there is a need to balance all interests. Ms. Vassallo continued by stating that after the December 13th meeting where this matter was discussed, she had written to Justin Datino of the Village Managers office on Village Board of Trustees 06 -25-2013 P a g e | 199 March 26th noting that no response had been received. Mr. Datino responded on March 27th with a synopsis of what the Village was planning to do. She stated that she has a call in to Suburban Carting Company and is expecting a call back from them regarding their pickups in the early morning hours and why they are in violation of the Village’s ordinances. Ms. Vassallo next stated that she researched the Center for Disease Control (CDC) recommendations for hours of sleep, which is 7-9 hours per night. She said if the Village was to move the permitted hours back one hour from 7:00 a.m. to 6:00 a.m. for deliveries/pickups, the residents at Christie Place would have to go to bed at 9:00 p.m. to get nine hours of sleep. But the residents can’t go to bed at 9:00 p.m. because the deliveries are allowed until 11:00 p.m. Trustee Lee noted that when the Board does review this issue, it will be an open meeting, so everyone is welcome to attend. Merle Brenner, 1 Christie Place, thanked the Board for their service to the community. She noted that when she lived in a house at the other end of the Village, the leaf blower laws were strictly enforced. She also stated that DeCicco’s has another entrance where deliveries could be made in the back of the store on Spencer Place where there are less residences. Deliveries made in the early evening would affect less people. Robert Harrison, 65 Fox Meadow Road, complimented Mayor Steves for moving not to make a decision on this evening’s Public Hearing. He stated that he understands the frustration experienced by the residents who spoke as he experienced similar frustration during a construction process occurring across the street from his home. The contractor began construction before the permitted time in the Village Code. He stated that when he served on the Board he had concerns about enforcement of the Code and he still has concerns. He stated that the meeting held in December regarding the delivery/pickup issues should have been noticed as public meetings so that any resident could have attended. Mr. Harrison asked if this section of the Code covered all unnecessary noise in the Village. If this is the only section of the Code regarding noise, he stated that he felt it should be looked at in more detail, not just deliveries in the commercial district. Mayor Steves reiterated that in terms of open meetings, the Board just went through an open process. That is what the public hearing is about. Not every staff level meeting or every preliminary discussion invites the whole community. This is a very open Board; a Board that cares deeply about the Open Meetings Law. Henry Landau, 27 Chesterfield Road, spoke about leaf blowers that do maximum damage with minimum use. They make a huge amount of noise that significantly reduces the quality of life. There needs to be more enforcement to stop the use of the leaf blowers. He felt that the use of the blowers would cease once the offenders were ticketed. As part of the issue concerning deliveries and pickups discussed this evening, he hoped that the Board would also address the issue of the leaf blowers. As there were no further comments, Mayor Steves moved that the public hearing be closed, seconded by Trustee Lee and carried unanimously. Village Board of Trustees 06 -25-2013 P a g e | 200 Public Comment Louis Arlt, 45 Popham Road, stated that he was here this evening representing the Scarsdale Chamber of Commerce asking the Board to favorably consider the proposal for the First Annual Food and Wine Festival. He stated that he is here this evening with Richard and Stacy Brauer, the producers of this event. They are professional promoters, well experienced in designing and executing events like this. The event is slated to take place on Sunday, September 22nd in the Village Center. It is an aggregation of well known culinary personalities. The food will be presented by a number of restaurants; there will be chef demonstrations by well known celebrity chefs. There will be an area for wine tastings. This event will encompass the Chase Road, Spencer Place and Boniface Circle area of the downtown. For the children, there will be a ‘Meet the Animals’ from Weinberg Nature Center. A site plan of the event was distributed to the Board members. In response to a question from Trustee Stern, Mr. Arlt stated that it is anticipated that approximately 5,000 persons from southern Westchester would attend the Festival during the course of the day. Richard and Stacy Brauer approached the podium; Mr. Brauer stated that he expects 50-60 restaurants to express interest in the festival and noted that there is a growing interest in Scarsdale as a restaurant venue. Robert Harrison, 65 Fox Meadow Road, stated that he noted that a resolution is on this evening’s agenda regarding a contract award for road resurfacing. He asked that when that award is discussed that more detail be given. He also noted that Fox Meadow Road, from Crane Road up to Ogden Road has a lot of patches in it and there was a large pothole that he was going to take a picture of and send to the Village Manager’s office. Also, at the corner of the road that comes around the Chateaux apartments, along the curve the curbing sticks out. He stated that he drives that daily and his tires get caught on this. Hopefully this can get addressed in the coming year. He again suggested that the Board consider a Bond issue to resurface a substantial number of the roads in the Village. In regard to another resolution on the agenda regarding the award of a contract for High School tennis court resurfacing, Mr. Harrison stated that he would like to call to the Board’s attention that a bench at the Middle School tennis courts is torn up and busted. He also spoke about getting a comfort station built at the site as is available at the High School. He added that the management at the tennis courts appears to be lacking and noted that there are too many people playing on the courts that don’t have permits and live in other towns. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Village Board of Trustees 06 -25-2013 P a g e | 201 Fire Commissioner Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding Rejection of Bids for VM Contract #1151 – Fire Training Building Renovation was approved by the vote indicated below: WHEREAS, the Village owns a fire training building located at the Village Recycling Center, 110 Secor Road, which is used extensively for mandated live fire and many other types of training for all Scarsdale career and volunteer firefighters; and WHEREAS, as a result of its intensive use, concrete degradation occurs when training exercises take place and in the past, Village Public Works crews and outside vendors have made necessary repairs several times, however, the building now has significant damage that is beyond the ability of the Village staff to repair and some of the burn rooms have been declared unusable by the Scarsdale Building Department; and WHEREAS, in order to accurately assess the scope of work required to make such necessary repairs, the Village requested structural engineer Bernard Grossfield, PhD, PE (Dr. Grossfield) to prepare a preliminary scope of work and cost estimate for the renovation of the Scarsdale Fire Training Building as he has significant experience with the site having designed a previous renovation project that was completed in Summer 2004; and WHEREAS, in March 2009 Dr. Grossfield submitted a preliminary scope of work and construction cost estimate of $188,000 which included installation of fire proofing panels in three burn rooms; repair of interior walls, floors and ceilings; exterior stone repairs; removal and replacement of stucco finish; and cellar stone wall repair; and WHEREAS, the Village of Scarsdale, with the support of New York State Assemblywoman Amy Paulin, applied for and was awarded a $125,000 grant under the New York State Dormitory Authority’s Community Capital Assistance Program (CCAP) for costs associated with the design and renovation of the Scarsdale Fire Training Building; and WHEREAS, via resolution dated January 12, 2010, the Village Board authorized a professional services agreement with Dr. Grossfield for $18,750 to design the project, prepare construction bid documents for public bid in accordance with NYS and Village of Scarsdale bidding requirements, prepare construction cost estimates and perform construction administration services; and Village Board of Trustees 06 -25-2013 P a g e | 202 WHEREAS, due to recent budget constraints, the project remained in the Capital Budget and Plan over the past few years without any Village funding source, being contingent upon the attainment of additional grant funding for the completion of the construction work; and WHEREAS, during the final walk through prior to advertising for bids additional building repairs and upgrades including electrical upgrades, fire shutter replacement and door and frame replacement not included in the preliminary scope of work were identified as being necessary resulting in an increased construction cost estimate of $250,000 - $300,000; and WHEREAS, as a result of the Village being unable to obtain further grant funding and the additional work, the bid specifications were prepared with several bid alternates to give the Village flexibility to award certain portions of the project based on available funding; and WHEREAS, on March 29, 2013, the Village Manager reports that he publicly advertised for the receipt of bids under VM Contract #1151 – Scarsdale Fire Training Building Renovation and held a pre-bid meeting on April 16, 2013; and WHEREAS, on the bid opening date, April 30, 2013, six bids were received with apparent lowest bid received from Divine Construction Corp., 618 Saw Mill River Road, Yonkers, NY 10710 with a bid of $349,000 or $247,164 including all the deduct bid alternates; and WHEREAS, the lowest bid received is in excess of the project cost estimate and available funding and as a result Village staff recommends rejecting all of the bids while additional grant funding is secured and available; now therefore be it RESOLVED, that the Village Board of Trustees, pursuant to Section 103 of the New York State General Municipal Law and Chapter 57 of the Village Code, hereby rejects all bids for VM Contract # 1151- Fire Training Building Renovation; and be it further RESOLVED, that the Village Manager is herein authorized to re-bid and re- advertise Scarsdale Fire Training Building Renovation in accordance with New York State General Municipal Law once additional grant funding is secured. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Village Board of Trustees 06 -25-2013 P a g e | 203 Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Land Use Committee Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution regarding authorization to execute a Lease Agreement with Consolidated Edison for Three (3) Substations on Village-Owned Property was approved by the vote indicated below: WHEREAS, since 1956 Consolidated Edison has maintained three electric substations in Scarsdale located on Village-owned property; and WHEREAS, the substations are located at the Village Hall lower level parking lot off Popham Road, Police/Fire Headquarters off Tompkins Road and on Secor Road opposite the entrance to the Village Recycling Center; and WHEREAS, the use of Village property by Consolidated Edison for operation of these substations has been provided through a lease agreement between the two parties; and WHEREAS, the most recent lease agreement with Consolidated Edison expired on December 31, 2012; and WHEREAS, a new lease agreement has been negotiated by Village and Consolidated Edison staff and executed by the appropriate Consolidated Edison official; and WHEREAS, this successor agreement is for a term of ten (10) years providing for a 6% increase between the last year of the existing agreement and the first year of the new agreement with annual 5% increases for each of the remaining nine years, said annual rent payments as follows: $148,824 in 2013, $156,265.20 in 2014, $164,078.46 in 2015, $172,282.38 in 2016 and $180,896.50 in 2017, $189,941.33 in 2018, $199,438.39 in 2019, $209,410.31 in 2020, $219,880.83 in 2021, $230,874.87 in 2022; and WHEREAS, all other terms and conditions remain unchanged as set forth in the agreement attached hereto and made a part hereof; and Village Board of Trustees 06 -25-2013 P a g e | 204 WHEREAS, the Village Manager believes the terms of this successor agreement are fair and in the best interest of the Village and recommends its execution; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute a lease agreement with Consolidated Edison, in substantially the same form as attached hereto; and be it further RESOLVED, that the Village Manager shall take all appropriate administrative acts required for the successful completion of the terms of the agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Law Committee Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution regarding the Uniform Notice of Claim Act was adopted by a unanimous vote: WHEREAS, on June 15, 2013 the New York State General Municipal Law was amended to include Section 53, Uniform Notice of Claim Act, which allows notices of claims against cities and villages to be served on the New York Secretary of State as agent for New York’s public corporations; and WHEREAS, pursuant to the Act each city and village must file with the New York Secretary of State a certificate that (i) designates the New York Secretary of State as the local government’s agent for services of notices of claim; (ii) provides the name and address of an officer, person, or designee or other agent in fact to receive notices of claim from the Secretary of State and (iii) provides a time limit for filing a claim on the city or village; now therefore be it RESOLVED, that pursuant to section 53 of the New York State General Municipal Law that (i) the Village of Scarsdale, NY, herein designates the New York Secretary of State as its agent for services of notices of claim; (ii) names Donna Conkling, Village Village Board of Trustees 06 -25-2013 P a g e | 205 Clerk, 914-722-1175, 1001 Post Road Scarsdale, NY 10583 as its officer to receive notices of claim and (iii) the time limit for filing notices of claim with the Scarsdale Village shall be 90 days from the occurrence of any incident. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution to award VM Contract #1154 Proposal “A” Resurfacing of Various Roads FY 2013/2014 was adopted by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 10, 2013 and notified twenty vendors of a contract for road resurfacing, furnishing and installation of granite curbs, and various restoration work, pursuant to VM Contract #1154; and WHEREAS, on the bid opening date, May 29, 2013, four bids were received for Proposal “A”: Resurfacing of Various Roads; and WHEREAS, the lowest responsible bid, meeting all specifications for Proposal “A”: Resurfacing of Various Roads, was received from Laws Construction Corp., 34 Irvington St., Pleasantville, NY 10570, based on the unit bid prices identified for Items 1-8; and WHEREAS, staff reviewed the bid response with representatives from Laws Construction Corp. and, during this conversation, Laws Construction Corp. conveyed a clear understanding of the scope of services of the project and comfort with their bid; now therefore be it RESOLVED, that VM Contract #1154 Proposal “A”: Resurfacing of Various Roads, be awarded to Laws Construction Corp., 34 Irvington St., Pleasantville, NY 10570, at the unit bid prices itemized as follows: Bid Item 1 Asphaltic Concrete Wedge Course – $89.00 per ton; Bid Item 2 Asphaltic Concrete Wearing Course – $89.00 per ton; Bid Item 3 NYSDOT Type 3 Base Course 4” Depth - $200.00 per ton; Bid Item 4 Cold Milling - $2.62 per square yard; Bid Item 5 Resetting of Manhole Castings – $365.00; Bid Item 6 Resetting of Storm Catch Basin Castings - $700.00; Bid Item 7 Resetting of Water Valve Boxes - $50.00, Bid Item 8 Installing New Manhole Frame and Castings - $280.50 based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the contract work be charged to FY 2013/2014 Capital Accounts #H-5197-963 2014-055 pursuant to the April 24, 2013 Village Board of Trustees 06 -25-2013 P a g e | 206 resolution adopted by the Village Board in regard to the adoption of the 2013/2014 Village Budget and the appropriation of anticipated FEMA/SOEM reimbursements and available balances FY 2012/2013 in said Capital account; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1092 Proposal “A” with said Laws Construction Corp., 34 Irvington St., Pleasantville, NY 10570, and to undertake administrative acts as may be required under said 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 Eisenman, and seconded by Trustee Lee, the following resolution to award VM Contract #1154 Proposal “B” – Installation and Resetting of Granite Curbing and Related Work FY 2013-2014 was adopted by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 10, 2013 and notified twenty vendors of a contract for road resurfacing, furnishing and installation of granite curbs, and various restoration work, pursuant to VM Contract #1154; and WHEREAS, on the bid opening date, May 29, 2013, four bids were received for Proposal “B”: Installation and Resetting of Granite Curbing and Related Work; and WHEREAS, the lowest responsible bid, meeting the specifications for Proposal “B”: Installation and Resetting of Granite Curbing and Related Work, was received from Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, based on the unit bid prices identified for Items 1 and 2; and WHEREAS, Acocella Contracting Inc., has successfully performed granite curbing work for the Village in the past and has proven the ability to supply the required quantities of material; now therefore be it RESOLVED, that VM Contract #1154 Proposal “B”: Installation and Resetting of Granite Curbing and Related Work, be awarded to Acocella Village Board of Trustees 06 -25-2013 P a g e | 207 Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, at the unit bid prices itemized as follows: Bid Item 1 New Granite Curbing - $23.75 per linear foot; Bid Item 2 Resetting Existing Curbing - $14.40 per linear foot, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the contract work be charged to FY 2013/2014 Capital Accounts #H-5197-963 2014-055 pursuant to the April 24, 2013 resolution adopted by the Village Board in regard to the adoption of the 2013/2014 Village Budget and the appropriation of anticipated FEMA/SOEM reimbursements and available balances FY 2012/2013 in said Capital account; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1154 Proposal “B” with said Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, and to undertake administrative acts as may be required under said 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 Eisenman, and seconded by Trustee Lee, the following resolution to award VM Contract #1154 Proposal “C” – Roadway Patches and Restoration Work FY 2013/2014 was adopted by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 10, 2013 and notified twenty vendors of a contract for road resurfacing, furnishing and installation of granite curbs, and various restoration work, pursuant to VM Contract #1154; and WHEREAS, on the bid opening date, May 29, 2013, three bids were received for Proposal “C”: Roadway Patches and Restoration Work; and WHEREAS, the lowest responsible bid, meeting the specifications for Proposal “C”: Roadway Patches and Restoration Work, was received from Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, at the unit bid prices identified for Items 1-9; and Village Board of Trustees 06 -25-2013 P a g e | 208 WHEREAS, Acocella Contracting Inc., has successfully performed roadway patch work for the Village in the past and has proven the ability to supply the required quantities of material; now therefore be it RESOLVED, that VM Contract #1154 Proposal “C”: Roadway Patches and Restoration Work be awarded to Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, at the unit bid prices itemized as follows: Item 1 Remove temporary pavement - $48.00 per square yard; Item 2 Asphalt Roadway Patch Delamination Repair - $32.00 per square yard; Item 3 Provide all labor, equipment and material to place 6” high machine asphalt curbing – $12.00 per linear foot; Item 4 reset granite curbing – $15.00 per linear foot; Item 5 Supply and install granite curbing - $25.00 per linear foot; Item 6 Adjusting manholes to grade - $200.00 each; Item 7 Adjusting catch basins to grade - $250.00 each; Item 8 Adjust water valve boxes to grade - $100.00 each; Item 9 Furnish & setting water valve box adapters - $50.00 each, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED,that the cost of same be charged to the FY 2013/14 Water Fund Operating Budget: EWS–8310–DSTRB–EXCAV–400 416; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1154 Proposal “C” with said Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583 and to undertake administrative acts as may be required under said 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 Eisenman, and seconded by Trustee Lee, the following resolution to award VM Contract #1154 Proposal “D” Cured-in-Place Sewer Lining – FY 2013/2014 was approved by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 10, 2013 and notified twenty vendors of a contract for road resurfacing, furnishing and installation of granite Village Board of Trustees 06 -25-2013 P a g e | 209 curbs, and various restoration work, pursuant to VM Contract #1154; and WHEREAS, on the bid opening date, May 29, 2013, one bid was received for Proposal “D”: Cured-In-Place Sewer Lining, pursuant to VM Contract # 1154; and WHEREAS, the lowest responsible bid, meeting specifications for Proposal “D”: Cured-In-Place Sewer Lining, was received from En-Tech Corporation, 304 Harrington Avenue, Closter, NJ 07624, based on the unit bid prices identified for items 1 and 2; and WHEREAS, En-Tech Corporation has successfully performed cured-in-place sewer lining work for the Village in the past; now therefore be it RESOLVED, that VM Contract #1154 Proposal “D”: Cured-In-Place Sewer Lining be awarded to En-Tech Corporation, 304 Harrington Avenue, Closter, NJ 07624, at the unit bid prices itemized as follows: Item 1 Lining of 6” – 8” pipe - $44.00 per linear foot; Item 2 Lining of 10” – 12” pipe – $51.50 per linear foot, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the cost of same be charged to FY 2013/2014 Capital Budget Account #H-8120-965 2014-094 and #H-8597-965 2014-013; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract # 1154 Proposal “D” on behalf of the Village of Scarsdale with said En-Tech Corporation, 304 Harrington Avenue, Closter, NJ 07624 and to undertake administrative acts as may be required under said 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 Eisenman, and seconded by Trustee Lee, the following resolution awarding VM Contract #1154 Proposal “E” Sewer Cleaning and Televising Work – FY 2013/2014 was approved by the vote indicated below: Village Board of Trustees 06 -25-2013 P a g e | 210 WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 10, 2013 and notified twenty contractors of the contract for Sewer Cleaning and Televising Work, pursuant to VM Contract #1154; and WHEREAS, on the bid opening date, May 29, 2013, two bids was received for Sewer Cleaning and Televising Work; and WHEREAS, the lowest responsible bidder, meeting the specifications for Sewer Cleaning and Televising Work was received from National Water Main Cleaning Co., 875 N. Summer Avenue, Newark, NJ 07104 based on unit bid prices identified for Items 1 – 4; and WHEREAS, National Water Main Cleaning Co. has successfully performed sewer cleaning and televising work for the Village in the past; now therefore be it RESOLVED, that VM Contract #1154 - Sewer Cleaning and Televising Work, be awarded to National Water Main Cleaning Co., 875 N. Summer Avenue, Newark, NJ 07104, at the unit bid prices itemized as follows: Item 1 Cleaning of 6” – 8” pipes - $1.95 per linear foot; Item 2 Cleaning of 10” – 12” pipes - $2.95 per linear foot; Item 3 Cleaning of 15” – 18” pipes - $3.95 per linear foot; Item 4 Cleaning of 24” – 36” pipes - $4.95 per linear foot, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the cost of same be charged to a FY 2013/2014 Capital Budget Account #H-8120-965 2014-093; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1154 on behalf of the Village of Scarsdale with said National Water Main Cleaning Co., 875 N. Summer Avenue, Newark, NJ 07104 and to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Village Board of Trustees 06 -25-2013 P a g e | 211 Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution to award VM Contract #1156 – Scarsdale High School Tennis Courts Resurfacing was approved by the vote indicated below: WHEREAS, a capital budget appropriation of $55,000 exists in the FY 2013/14 for the resurfacing of the six (6) all-weather tennis courts at the Scarsdale High School; and WHEREAS, the project includes repairs to the cracks that have developed on the courts and a resurfacing of the color on the six (6) all weather courts; and WHEREAS, the courts are used extensively by Village sponsored programs, High School physical education classes and High School interscholastic tennis teams; and WHEREAS, the courts have not been resurfaced since 2004; and WHEREAS, the Village advertised for bids on May 17, 2013and mailed the contract specifications to five (5) potential contractors; and WHEREAS, on the bid opening date, June 12, 2013, three sealed bids were received; and WHEREAS, the apparent lowest bid was received from Dalton Track and Tennis, 19 Willow Street, Cheshire, CT 06410, in the amount of $37,225; and WHEREAS, Dalton Track and Tennis has successfully performed tennis court resurfacing for the Village in the past; now therefore be it RESOLVED, that VM Contract #1156 - Scarsdale High School Tennis Courts Resurfacing, be awarded to the lowest responsible bidder, Dalton Track and Tennis, 19 Willow Street, Cheshire, CT 06410 for the lump sum price of $37,225; and be it further RESOLVED, that the cost of same be charged to FY 2013/2014 Capital Budget Account H-7197-964-2012-005; and be it further RESOLVED, that the Village Manager is herein authorized to execute VM Contract #1156 on behalf of the Village of Scarsdale with said Dalton Track and Tennis and to undertake all administrative acts as may be required. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Village Board of Trustees 06 -25-2013 P a g e | 212 Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Martin, and seconded by Trustee Eisenman, the following resolution regarding the Scarsdale Chamber of Commerce – Food and Wine Festival was approved by the vote indicated below: WHEREAS, the Scarsdale Chamber of Commerce, incorporated in 1937, was organized to develop and foster the commercial and civic activities of the Village through the efforts of merchants, service providers, and professional members to promote goodwill between the residents and the business community; and WHEREAS, the Chamber’s mission includes working collaboratively with the Village government to advance these efforts and, in this regard, the Chamber has requested permission to a hold the Southern Westchester Food & Wine Festival on Village-owned property and rights-of-way on September 22, 2013, which should benefit the merchants and residents of Scarsdale; and WHEREAS, the Scarsdale Chamber of Commerce has hosted several events in the Village Center over the years including the Art Festival, Taste of Scarsdale and Health Fair, and has the overwhelming support of its membership and the Scarsdale business community for the proposed Southern Westchester Food & Wine Festival; and WHEREAS, the Chamber is collaborating with a local professional event planner, Rich Baumer of 33 Park Road, Scarsdale, NY to coordinate this Festival which will provide residents and patrons an opportunity to sample food from over 60 area restaurants, taste wine & beer and observe cooking demonstrations; and WHEREAS, participants in the aforementioned event agree to furnish public liability insurance in a form and amount satisfactory to the Village Attorney naming the Village of Scarsdale as an additional insured against any and all claims, damages, or causes of action resulting from the use of Village-owned land; and WHEREAS, all other licenses, permits for tents, assembly, amusement devices and sale of food must be secured by merchants and vendors prior to the event in accordance with applicable laws; and Village Board of Trustees 06 -25-2013 P a g e | 213 WHEREAS, the Village will be reimbursed for any and all additional costs incurred in conjunction with the event, including, but not limited to, Police personnel, DPW personnel and Fire and Building Inspectors, as indicated on the Event Permit forms; and WHEREAS, upon completion of the event, the Chamber will be responsible for the restoration of all public areas utilized, to the same condition as existed before their use of the property; now therefore be it RESOLVED, that the Scarsdale Chamber of Commerce is hereby authorized to utilize the Village-owned roadways identified as: Chase Road from Popham to Christie Place, Boniface Circle, Spencer Place and Harwood Court for the purpose of holding the Southern Westchester Food & Wine Festival on Sunday, September 22, 2013 from 11:00am – 5:00pm (rain or shine), and for the setup and breakdown times recorded in the permit, conditioned on the timely receipt of all aforementioned insurances, licenses and permits; and be it further RESOLVED, that the Village Manager is authorized to execute the attached Village Event Permit form specifying the terms and conditions for the event, in substantially the same form as attached hereto and made a part hereof; and be it further RESOLVED, in accordance with an approved event permit, an exemption to Village Code Chapter 111-4 is herein granted, allowing for the consumption of wine and beer on Sunday, September 22, 2013 from 11:00am – 5:00pm, in the “wine and beer” tent to be located on Boniface Circle, to be monitored and secured by the Scarsdale Police Department. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Trustee Stern noted that Mr. Arlt of the Scarsdale Chamber of Commerce stated that the attendees for the Food and Wine Festival is expected to reach up to 5,000, a substantial number. He asked Village Manager Gatta if the Police Department will be able to handle this crowd and if the Village be reimbursed for additional services provided. Village Board of Trustees 06 -25-2013 P a g e | 214 Village Manager Gatta responded that he would expect perhaps 2,000 attendees and 30 or 40 vendors rather than 60. However, all those expenses incurred by the Police, Fire and Sanitation Departments will be reimbursed. Trustee Stern asked Mr. Gatta if the Village has had experience with other large events such as this. Village Manager Gatta responded that the Village has not had any experience with an event this large. However, previous events such as the Concourse, Fine Arts Festival, and Sidewalk sale have all generated sizable crowds. Parking for the event will be organized by the event producers. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution authorizing the execution of an Amendment to the 2012/2013 New York State Indexed Lump Sum Municipal Snow and Ice Agreement was approved by the vote indicated below: WHEREAS, pursuant to Section 12 of the New York State Highway Law, the maintenance of State highways includes control over snow and ice removal authorized by the New York State Department of Transportation (NYSDOT), in order to make these roads safe and passable; and WHEREAS, the snow and ice control on these State roads may be done by the host municipality, pursuant to an agreement entered into by the municipality and the NYSDOT; and WHEREAS, there are 15.7 miles of New York State-owned roads located within the Village of Scarsdale; and WHEREAS, the Village of Scarsdale, in the interest of public safety, has historically contracted with the State for snow and ice removal services on these roads; and WHEREAS, the current agreement between the Village and the NYSDOT adopted in 1999 was for three years with the option for annual extensions; and WHEREAS, the Village Board of Trustees approved extensions through resolutions of January 23, 2002, November 12, 2003, July 12, 2005, May 8, 2007, April 14, 2009, June 30, 2009, January 24, 2012 and October 9, 2012 having the cumulative effect of extending the original agreement through June 30, 2014, said extension continuing in force until a successor agreement is proffered by the NYSDOT; and Village Board of Trustees 06 -25-2013 P a g e | 215 WHEREAS, during severe winters which require municipalities to perform snow and ice removal services in excess of the ten-year average, the NYSDOT amends the intermunicipal agreement covering the impacted period to provide additional funding; and WHEREAS, due to the severity of the winter storms during the 2012/13 Snow and Ice Season, the Village is entitled to an additional $12,681.71 for the 2012/13 Snow and Ice Season which when added to the 2012/13 original amount of $23,659.90 equals $36,341.61; and WHEREAS, in order for the Village to obtain these additional funds, the Village Board must authorize by resolution the execution of an amendment to the 2012/13 Snow and Ice Agreement increasing the estimated expenditure; now therefore be it RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to execute Amendment “B” to the 2012/13 Snow and Ice Agreement, between the Village of Scarsdale and the New York State Department of Transportation to revise the estimated expenditures and increase the Village’s reimbursement for snow and ice removal services, in substantially the same form as attached hereto, and to undertake all administrative acts necessary pursuant to the amendment. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Stern, and seconded by Trustee Mark, the following resolution regarding the Cable Television Commission – Local Cable Access Community Programming was approved by the vote indicated below: WHEREAS, the Village’s Cable Television Commission has expressed interest in purchasing cable video cameras and editing equipment to produce a variety of programming for the Village’s local cable access channel including the recording of the 2013 Village of Scarsdale Fireworks display and the Westchester Band Concert to be held at the Scarsdale Municipal Pool and Chase Park on Wednesday, July 3, 2013 and Thursday, July 4, 2013 respectively; now therefore be it Village Board of Trustees 06 -25-2013 P a g e | 216 RESOLVED, that the Village Board supports the purchase of video equipment for use by the Cable Television Commission and encourages staff to be as supportive as possible in the Cable Television Commission’s volunteer efforts; and be it further RESOLVED, that the cost of the video and editing equipment, estimated at $6,000 shall be charged to Capital Budget Account EQP-CATV- STUDIOS-H-1997-961-2011. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Other Committee Reports: None. ******** Liaison Reports Trustee Stern reported as Liaison to the Cable Television Commission, stating that the Commission has met three times under the guidance of Chair Lorayne Fiorillo, who has been in professional television for seven years as an interviewer and a producer of various network shows. The Cable Television Commission is very grateful for what the Village has already established by Rita Azrelyant and Jay Miller in the Cable Television Department utilizing resources provided in part by the cable television companies and the studio that the Village has on the third floor of Village Hall. Trustee Stern stated that the Cable Television Commission would like to expand those capabilities with its volunteers. He stated that he and several members of the Commission visited the Larchmont Cable Television operations, noting that it was very extensive with full time employees, many volunteers, and engages the whole community in Larchmont and Mamaroneck. They have two stand alone studios. The off-site studios can produce their own television shows and provide not only interesting aspects of community life but also opportunities for high school and college students to intern in a real broadcasting situation. The Commission would like to see Scarsdale participate in more programming and would like to start off with some equipment which was just approved by resolution. The goal is to go out in the field and document and produce some of the events and Village Board of Trustees 06 -25-2013 P a g e | 217 engage Village residents. There is a lot of talent on the Commission and they are very motivated. The Commission is very grateful for the support of the Board. He also stated that the staff that runs the Cable Television Department now is very professional and very helpful and very excited to be an adjunct to the Commission’s goals. The Commission is very motivated to expand the breadth of the cable programming to the benefit of the Village. ******** Written Communications Village Clerk Conkling reported that two (2) written communications have been received since the last meeting:  A letter from Cuddy & Feder regarding a request to de-map a paper street known as Woodland Road.  A letter received from Ruth Frankel, 17 Richbell Road, regarding unstable trees on her property. ******** Mayor Steves noted that with respect to the first written communication, the Board expects to schedule a meeting sometime in September to address the request in the letter. ******** Future Meeting Schedule Mayor Steves briefly reviewed the meeting held before this evening’s Board meeting. The Board met with the members of the Board of Architectural Review (BAR) at 6:00 p.m. This was the second in a series of meetings designed to allow the members of specific Boards and Councils to meet with the Trustees to ascertain that they understood what the Trustees expectations are and gives them an opportunity to speak to the Trustees regarding resources and direction. The Board expects to meet with most of the Boards and Councils over the year. Mayor Steves announced the following future meeting schedule:  July 9, 2013 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  July 9, 2013 – Board of Trustees – 8:00 P.M. – Rutherford Hall  July 10, 2013 – Municipal Services Committee – 6:30 P.M. – Trustees’ Room  August 13, 2013 – Joint Law & Land Use Committees – 6:00 P.M. – Third Floor Meeting Room  September 10, 2013 – Finance Committee Meeting – 6:00 P.M. – Trustees’ Room Village Board of Trustees 06 -25-2013 P a g e | 218 Village Hall Schedule  Monday, July 4, 2013 – Independence Day – Village Hall Closed ******** 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 9:35 P.M. Donna M. Conkling Village Clerk