Board of Trustees

Village Board of Trustees 07 -09-2013 P a g e | 219 THREE THOUSAND ONE HUNDRED EIGHTY-FIFTH REGULAR MEETING Rutherford Hall Village Hall July 9, 2013 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, July 9, 2013 at 8:00 P.M. Present were Mayor Steves, Trustees Eisenman, Lee, Mark, Martin, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Treasurer McClure, Village Clerk Conkling, Assistants to the Village Manager Azrelyant and Goodwin, and Administrative Intern Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of June 25, 2013 were approved as amended on a motion entered by Trustee Eisenman, seconded by Trustee Martin, and carried unanimously. ******** Bills & Payroll Trustee Eisenman stated that she had audited the Abstract of Claims dated July 9, 2013 in the amount of $679,136.25 which includes $65,280.21 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 Eisenman and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated July 9, 2013 in the amount of $679,136.25 is hereby approved. Trustee Eisenman further stated that payment of bills made in advance of a Board of Trustees audit totaling $861,504.15 were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Eisenman and seconded by Trustee Martin, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $561,504.15 is hereby ratified. Village Board of Trustees 07 -09-2013 P a g e | 220 ******** Mayor’s Comments None. ******** Manager’s Comments None. ******** Public Comment Robert Harrison, 65 Fox Meadow Road, stated that he had several comments. He said that last night there was a Board of Architectural Review (BAR) meeting and one of the items on the agenda was 22 Murray Hill Road which had been voted upon by the Committee for Historic Preservation (CHP) with a vote of 4-2 to deny a demolition permit for that 90 year-old property. Mr. Harrison noted that he lived on Murray Hill Road for 12 years from 1979 to 1991. At the BAR meeting, the developer/contractor was represented with legal counsel. The Chair of the BAR, Farley Baker asked everyone to make their public contributions to the discussion. In the end, the BAR voted 4-2 to allow demolition. Mr. Harrison continued, stating that the Village Board has been looking into Historic Preservation changes and noted that there was an article in the Scarsdale Inquirer about a meeting the Village Board had with the BAR recently. There were quotes in the article that the BAR was very concerned about being in a position to hear issues related to historic preservation if the CHP had made a decision. He cited the Village Code, Section 182-6, which relates to the BAR on historic preservation issues. BAR Chair Farley Baker had gone through this section of the Code during the BAR meeting. Mr. Harrison asked if the Village Attorney would respond to a question he has in regard to whether or not the BAR or the CHP is under any State regulations as the Planning Board or Board of Appeals are required. He felt that the BAR seems to have much less restrictive criteria in their determinations for applications of this nature under Section 182-6 of the Village Code. In his opinion, the CHP should have the final determination and if the applicant is not satisfied with this they could appeal to the Village Board or file an Article 78 proceeding. Mr. Harrison urged the Village Board to move forward with changes to the Historic Preservation Law as the current legislation puts the BAR in a difficult position to Village Board of Trustees 07 -09-2013 P a g e | 221 have lesser criteria than the CHP. He also stated that the Village Board has liaisons to the BAR, Planning Board, Board of Appeals, and the CHP. It is his understanding from when he served as Trustee that the Village Attorney indicated that those Trustees shouldn’t attend these meetings; and he asked what then is the purpose of a liaison? Personally he felt that was wrong, the liaison should sit in on the meeting and listen to the proceedings. He strongly recommended that the Trustee liaisons attend these meetings and understand what’s happening. Trustee Mark commented on Mr. Harrison’s statement regarding Trustee liaisons, stating that he is the liaison to the BAR and to the CHP, and he would not attend those meetings unless he was otherwise asked but that he could assure Mr. Harrison that he is in very frequent communication with the Chairs of both of those Boards/Committees and he is very much aware and attentive of what their concerns are. Mr. Harrison reiterated his opinion he felt it was very important that the Trustee liaisons attend these meetings hear the applicant and the residents and hear their various concerns in order to prepare proper legislation. In response to Mr. Harrison’s question to the Village Attorney concerning any State regulations for the BAR or CHP, Village Attorney Esannason informed him that the Board of Architectural Review and the Committee on Historic Preservation are not creatures of State statute, unlike the Planning Board and the Zoning Board of Appeals. However, the Planning Board, Zoning Board of Appeals, BAR, and CHP are all bound by New York State Law and any Jurisprudence concerning administrative bodies and how they act publicly. Mayor Steves stated that the Board has had several meetings on historic preservation, and in each of those meetings, the respective roles of the BAR and the CHP has been a topic. The Village Board is on record as reviewing the respective roles of those committees and deciding whether there should be any re-definition of those roles and re-definition of the criteria. This is not a new topic; this has been on the Board’s agenda since April. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Finance Committee Upon motion entered by Trustee Martin, and seconded by Trustee Mark, the following resolution regarding FY 2012-2013 General Fund Accrual – Popham Road Bridge Replacement Project Contract Arbitration was approved by the vote indicated below: WHEREAS, on August 11, 2009, the Village Board of Trustees awarded VM Contract #1031 – Popham Road Bridge Replacement Over the Village Board of Trustees 07 -09-2013 P a g e | 222 Metro-North Railroad, to ELQ Industries Inc. (ELQ), New Rochelle, NY for the total bid price of $12,878,216; and WHEREAS, pursuant to VM Contract #1031, the project commenced on October 28, 2009 with the completion of the project scheduled for October 28, 2011; and WHEREAS, the Popham Road Bridge Replacement Project was ultimately completed on May 30, 2013, or 19 months after the contractual completion date; and WHEREAS, based on the additional time necessary to complete the project, in June 2012, ELQ issued the Village a notice of intent to arbitrate under the terms provided in the contract requesting $5,454,187 for delays and unpaid extra work; and WHEREAS, ELQ claims that the Village and Stantec, the Village’s consulting engineer, failed to identify and coordinate the relocation of existing utilities, failed to investigate and design for the dangerously deteriorated condition of the existing bridge and failed to properly address the constructability of the project, causing ELQ to experience delays and additional costs; and WHEREAS, by letter dated December 3, 2012, ELQ formally filed a demand for arbitration for the aforementioned amount, and the Village’s outside counsel, McCullough Goldberger & Staudt, LLP, subsequently submitted a counter claim request on December 21, 2012 for $5,509,072 for liquidated damages and for additional Construction Inspection Services provided by Stantec; and WHEREAS, to prepare for the pending arbitration and at the advice of counsel, the Village hired an independent construction management firm, Greyhawk Construction Managers & Consultants (Greyhawk) for a fee of $15,000 to perform a review and assessment of ELQ’s claims, such “Phase I” work included reviewing contract documents, scope of work and approved change orders, claim documents and supporting documentation, identifying and outlining specific claim issues and providing a preliminary assessment of claim merits; and WHEREAS, based on the preliminary document review and overall assessment, Greyhawk has submitted a proposal to provide additional necessary services to sufficiently prepare for the arbitration, said services considered Phase II work for a fee of $95,000. The Phase II scope of work includes establishing an as-planned (baseline) schedule, developing an as-built schedule, evaluating critical project delays, analyzing technical issues, analyzing damages and providing an expert report; and Village Board of Trustees 07 -09-2013 P a g e | 223 WHEREAS, adequate funding for Greyhawk’s Phase I work ($15,000) and McCullough Goldberger & Staudt, LLP, preliminary legal expenses ($39,760) was available in the FY 2012/2013 Village Attorney’s budget, and since sufficient balances exist in the General Fund Budget at the close of Fiscal Year 2012-2013, it is recommended that an additional $150,000 be accrued to the 2012- 2013 General Fund Budget Account, Village Attorney “Popham Road Bridge Consulting Services” for payments to be made for legal counsel and expert consultant services through the discovery and deposition stages of the arbitration process; and WHEREAS, absent a settlement agreement, it is anticipated that additional funding transfers may be necessary when the case is presented and reviewed by the arbitration panel; now therefore be it RESOLVED, that since sufficient balances exist in the Fiscal Year 2012-2013 General Fund Budget, the Village Board herein authorizes the accrual of $150,000 to the Fiscal Year 2012-2013 General Fund Budget, Village Attorney account #A-1420-Admin-Admin-400- 458.1, “Popham Road Bridge Consulting Services,” to partially fund legal and engineering expenses related to the construction contractor arbitration case pursuant to VM Contract #1031 – “Popham Road Bridge Replacement over the Metro-North Railroad.” AYES NAYS ABSENT Trustee Eisenman None Trustee Brodsky 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 a Subdivision Recreation Fee – 235 Rock Creek Lane, Section 19, Block 1, Lot 330.331was approved by the vote indicated below: WHEREAS, Section 7-730-4 of New York State Village law authorizes planning boards to reserve land in a subdivision for park, playground or other recreational purposes, and take money in lieu of land in cases where suitable park lands of adequate size cannot be properly located on a subdivision plat, the amount of said Village Board of Trustees 07 -09-2013 P a g e | 224 money to be established by the Village Board of Trustees; and WHEREAS, the Planning Board, on May 22, 2013, approved the two lot subdivision of the property at 235 Rock Creek Lane, identified on the Village tax map as Section 19, Block 1, Lot 330.331, after finding the proposed subdivision would not have a significant negative environmental impact pursuant to SEQRA, creating one new lot located in the A-4 zoning district; and WHEREAS, on June 26, 2013, the Planning Board recommended a payment in lieu of contribution of lands as the dedication of land for park, playground or recreation purposes is not feasible in view of the small amount of land available in this two lot subdivision; and WHEREAS, the Village Department of Parks, Recreation and Conservation provides a variety of facilities to meet the interests and needs of the community which includes parks, playgrounds, ball fields and an outdoor pool; and WHEREAS, the Village Department of Parks, Recreation and Conservation has a Five Year Capital Plan that calls for the replacement of facilities and equipment as well as additional facilities that will be needed in the future; now therefore be it RESOLVED, the Board of Trustees hereby accepts the recommendation of the Planning Board that the applicant, JAF Builders Corp., pay to the Village an amount equal to 5% of the lot value pursuant to the 2007 Subdivision Recreation Fee Schedule, or $37,500, in lieu of a Contribution of land for park, playground or other recreational purposes for the one new lot resulting from the subdivision of property at 235 Rock Creek Lane, identified on the tax map of the Village of Scarsdale as Section 19, Block 1, Lot 330.331. AYES NAYS ABSENT Trustee Eisenman None Trustee Brodsky Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Municipal Services Committee Trustee Eisenman noted that the following resolution regarding the Harcourt Woods Stormwater Improvement project reflects additional work that follows up on suggestions garnered from residents at the last meeting of the Municipal Services Village Board of Trustees 07 -09-2013 P a g e | 225 Committee. The Committee would like to thank those residents for their suggestions which have resulted in some changes to the project as reflected in the resolution. Trustee Eisenman requested that Deputy Village Manager Pappalardo explain these changes. Mr. Pappalardo stated that the Municipal Services Committee had met on June 5th. At that meeting there were some comments from the public relative to the scope of work – specifically, tree removal protection planting; the location of a maintenance path that was included in the design; and the diversion of drainage from the west side of Brewster Road to a sediment pond in the woods. As per the suggestions made at that meeting, the Village engaged two consultants: an ecologist and a landscape architect. These consultants visited the site separately and issued separate reports on their findings. Based on those findings, it is the Village’s intention to work with the contractor to make some changes to the scope of work: improving or having a greater protection of the trees by planting some additional canopy trees along the watercourse; eliminating the maintenance path altogether, which would have been detrimental to trees in the woods; and diverting less stormwater from the west side of Brewster Road out to the sediment pond. These changes are planned and the Village appreciates the public’s input. Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution to award VM Contract #1155 – Harcourt Woods Stormwater Improvement Project was adopted by the vote indicated below: WHEREAS, the South Fox Meadow Detention Improvement Project was planned to incorporate certain Bronx River Drainage Basin projects identified in the Village’s 2009 Comprehensive Stormwater Management Plan, to be partially funded through a $1,450,000 Westchester County Flood Action Program Grant pursuant to a March 29, 2010 Intermunicipal Agreement (IMA); and WHEREAS, Dvirka & Bartilucci (D&B), the Village’s engineering consulting firm, completed the project design and bid documents, identified as VM Contract #1125-South Fox Meadow Stormwater Improvement Project, which included seven separate segments as follows: Segment 1 – George Field Park; Segment 2 – Cambridge Bowl; Segment 3 – Cooper Green; Segment 4 - Post Road; Segment 5 - Murray Hill (no bids requested as property at 2 Murray Hill road still privately owned); Segment 6 – High School Parking Lot and Segment 7 – Harcourt Woods, said bid specifications allowing the Village to award each of the segments to a single or multiple bidders in the best interest of the Village; and WHEREAS, at their meeting on March 27, 2012, the Village Board of Trustees awarded Segment 1 – George Field Park to NDL Associates, 179 Forest Avenue, Yonkers, NY 10705, for $912,500 and Segment 2 – Cambridge Bowl - $47,000, Segment 3 – Cooper Green - $535,500 and Segment 4 – Post Road - $60,000, to Acocella Village Board of Trustees 07 -09-2013 P a g e | 226 Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, resulting in a total contract amount of $1,555,000 and rejected the bids for Segment 6 – High School Parking Lot and Segment 7 – Harcourt Woods; and WHEREAS, based on the wide range of bids received for Segment 7 – Harcourt Woods, spanning from $30,000 - $215,000, D&B and staff met with certain contractors to review their bids, and as a result of these discussions, and coupled with the additional funding made available by eliminating Segment 6, it was recommended that the bids for Segment 7 – Harcourt Woods, be rejected and the scope of work in Harcourt Woods be redesigned and expanded; and WHEREAS, also at their March 27, 2012 meeting, the Village Board authorized the Village Manager to redesign, re-bid and re-advertise for Segment 7 – Harcourt Woods, in accordance with Chapter 57 of the Village Code and New York State General Municipal Law, with a redesigned and expanded scope of work to further enhance flood mitigation and water quality in this open watercourse; and WHEREAS, D&B conceptually redesigned Segment 7 – Harcourt Woods, to include not only de-silting of the 1,000 linear foot watercourse, but also construction of a sediment pond and forebay at the east end of the watercourse, installation of the Brewster Road drainage diversion to said sediment pond, realignment of the stream, removal of all obstructions and hazardous conditions in the watercourse, including a number of trees, construction of a gabion style retaining wall along the watercourse to stabilize the banks, installation of a maintenance path along the entire watercourse, landscaping plan and culvert modifications providing for a wider walkway bridge to improve pedestrian safety at Harcourt Road; and WHEREAS, D&B and Village staff met with County officials on several occasions to discuss the redesign of Segment 7 – Harcourt Woods and the utilization of funds from the Westchester County Flood Action Grant Program to fund this work and the County agreed that the proposed scope of service was acceptable and the redesign and construction of Segment 7 would be considered eligible expenses under the aforementioned IMA; and WHEREAS, on May 6, 2013 the Village Manager publically advertised for the receipt of bids for VM Contract #1155 – Harcourt Woods Improvement Project, with a pre-bid meeting held on May 22, 2013; and Village Board of Trustees 07 -09-2013 P a g e | 227 WHEREAS, on the bid opening date, June 3, 2013, four bids were opened with the lowest responsible bid received from Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583 for a base bid of $760,900; and WHEREAS, the Municipal Services Committee of the Village Board met on June 5, 2013 to discuss the proposed scope of work, at which certain comments and concerns were expressed regarding tree removal, protection and planting, location of the maintenance path, alternatives to the gabion retaining wall and the drainage diversion along Brewster Road; and WHEREAS, Village staff subsequently sought and received additional opinions and site visits from a landscape architect and ecologist, who have provided separate written reports on their findings and recommendations (attached) which are currently under consideration and may result in certain contract change order(s) relative to tree protection and planting, elimination of the maintenance path and the magnitude of stormwater piped and diverted directly to Harcourt Woods; now therefore be it RESOLVED, that VM Contract #1155 – Harcourt Woods Improvement Project be awarded to the lowest responsible bidder, Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583 for a base bid of $760,900, contingent on the receipt of all contractually required bonds and insurances; and be it further RESOLVED, that the Village Manager is herein authorized to execute VM Contract#1155 – Harcourt Woods Improvement Project with Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583 and to undertake all administrative acts as may be required; and be it further RESOLVED, that the cost of VM Contract #1155 – Harcourt Woods Improvement Project be charged to Capital Budget Accounts #H- 8597-965 2010-028B and #H-8597-965 2010-028G, utilizing funds from the Westchester County Flood Action Grant Program pursuant to a March 29, 2010 Intermunicipal Agreement, as may be amended, and financing from the Clean Water State Revolving Fund administered by the New York State Environmental Facilities Corporation pursuant to a contract with the Village dated September 22, 2011. AYES NAYS ABSENT Trustee Eisenman None Trustee Brodsky Trustee Lee Trustee Mark Trustee Martin Village Board of Trustees 07 -09-2013 P a g e | 228 Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding an Extension of Term – License Agreement between the Village of Scarsdale and Scarsdale Station II, LLC was adopted by the vote indicated below: WHEREAS, the Village of Scarsdale and Scarsdale Station II, LLC (S2) of Westport, CT. entered into a License Agreement on September 15, 2005 that required S2 to complete certain public improvements to Village property as a condition of the Planning Board’s October 27, 2004 Final Site Plan approval for the construction of 2,100 square feet of retail space at 51 East Parkway (Starbucks; Webster Bank; Taxi Business Office); and WHEREAS, these improvements consisted of pedestrian, traffic and safety measures for the orderly off-street operations of a taxi business, construction of a staging area for off-street taxi and related services, improved aesthetics and coordination with agencies involved with the operation of a multi-modal transportation service area comprised of bus, train, auto, taxi and parking, as shown on the attached Exhibits “A” - Site Plan of Public Transportation Improvements; “B” - Cost Itemization of Public Transportation Improvements and “C” – Blow up of Licensed Premises; and WHEREAS, upon construction completion of these public transportation improvements, a successor agreement was executed on October 23, 2007 (Attachment #1) allowing S2 to use a portion of the Village property as shown on exhibit “C”- Blow up of Licensed Premises, for the purpose of improving the circulation, queuing, loading and discharging of passengers by a Village-licensed taxicab business through a sub-license; and WHEREAS, pursuant to the agreement, S2 sub-licensed the Licensed Premises to East Parkway LLC d/b/a Central Taxi of Scarsdale (Central Taxi), without any incremental charge for its use, except for insurance, operating and certain maintenance expenses and payments, over a reasonable amortization period, for the aforementioned public transportation improvements related to the taxi business; and WHEREAS, S2 has now requested in a March 21, 2013 communication (Attachment #2), that in the spirit of continuing the cooperative relationship among the three parties: the Village, S2 and Central Taxi of Scarsdale, that allowed for the public improvements to Village Board of Trustees 07 -09-2013 P a g e | 229 occur in the Village and the continuation of excellent taxi service in the Village, that the Village extend the current License Agreement between the parties, which is due to expire in October of 2027, for six years, through October 2033; and WHEREAS, said extension of the agreement between the parties would allow for S2 to continue on favorable terms with the sub-license agreement it holds with Central Taxi to maintain taxi operations that are a critical component to the Village’s multi-modal program, said terms having been reviewed by Village staff and deemed to be fair, reasonable and consistent with the spirit and cooperative effort established in 2005 (Attachment #3-Amended and Restated License By and Between S2 and Central Taxi); now therefore be it RESOLVED, that the Village Manager is, herein, authorized to execute an amendment to the existing October 2007 License Agreement (Attachment #1) between the Village of Scarsdale and S2, to allow for the extension of the term through October 2033 and to take all administrative acts required for the successful completion of the terms and conditions associated with the extension. AYES NAYS ABSENT Trustee Eisenman None Trustee Brodsky 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 first action of the Cable Television Commission, led by Chair Lorayne Fiorillo, who with a couple of assistants, undertook the filming of the fireworks at the Scarsdale Pool, which he believed was a ‘first’ in the history of the Village. A lot of Village residents were engaged in the filming. Ms. Fiorillo also filmed two other events; the parade and the Greenacres celebration. The same response was received from these residents of excitement and participation. Village Board of Trustees 07 -09-2013 P a g e | 230 Trustee Stern stated that the Village staff was extremely cooperative; particularly Jay, John, and Rita in making this happen. It is hoped that this is just the beginning of a lot of exciting events that will be filmed and televised. ******** Written Communications Village Clerk Conkling reported that two (2) written communications have been received since the last meeting:  A letter from Joyce Hirsch, a member of the Committee on Historic Preservation residing at 64 Walworth Avenue regarding potential changes to the Historic Preservation Law.  A letter from Cuddy & Feder regarding a request to de-map a paper street known as Woodland Road. ******** Mayor Steves noted that with respect to the second written communication, it contained a request that will be considered by the Land Use Committee. At the agenda meeting this evening, it was determined that it would be in the best interests of the community to have such a meeting in September, not during the summer season. The Board will schedule a meeting in September to discuss this request. ******** There being no further business to come before the Board the meeting adjourned on a motion entered by Trustee Mark, seconded by Trustee Martin, and carried unanimously at 8:35 P.M. Donna M. Conkling Village Clerk