Board of Trustees

Village Board of Trustees 08-13-2013 P a g e | 238 THREE THOUSAND ONE HUNDRED EIGHTY-SEVENTH REGULAR MEETING Rutherford Hall Village Hall August 13, 2013 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, August 13, 2013 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Eisenman, Lee, Mark, Martin, and Stern. Also present were Acting Village Manager Pappalardo, Acting Village Attorney DeSiena, 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 July 23, 2013 were approved as amended on a motion entered by Trustee Eisenman, seconded by Trustee Mark, and carried unanimously. ******** Bills & Payroll Trustee Lee stated that he had audited the Abstract of Claims dated August 13, 2013 in the amount of $892,211.15 which includes $33,147.32 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Lee and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated August 13, 2013 in the amount of $892,211.15 is hereby approved. Trustee Lee further stated that payment of bills made in advance of a Board of Trustees audit totaling $278,069.22 were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Lee and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $278,069.22 is hereby ratified. Village Board of Trustees 08-13-2013 P a g e | 239 ******** Mayors Comments Mayor Steves thanked the community for its cooperation concerning the water alert; it has not been easy with the warm weather and all of us as homeowners are doing our best to deal with this issue. Based on questions that he has received since the alert was put in place, Mayor Steves stated that the Village has two pumping stations that provide water to the Village. One is on Ardsley Road where a significant upgrade was just completed; it is in prime working condition and it is a state-of-the-art facility. Once that was completed, the Village began a retrofitting of our second pumping station, called Reeves Newsome which is just outside the Hartsdale parking area by the Hartsdale Station. That is the primary pumping station for the Village. That pumping station is in the midst of a similar renewal which will bring it up to a state-of-the-art facility and it will remain the primary pumping station for the Village. Some of the issues the Village has with respect to capacity, now faced with the older pumps and the logistics of switching pumps on and off during the construction will be over. He asked the residents to bear with the Village as we go through this and a genuine thanks to the community for their cooperation. In dealing with these pumps, the Mayor stated that he knows the community has been aware that a couple of the pumps went down temporarily and that there have been other water issues. He stated that he would like to say that during the course of these issues, he had been actively involved which gave him a chance to observe and hear about the staff of the Water Department and the work that they did through these periods. Mayor Steves personally thanked them for their work and dedication. These are the kinds of services that are not obvious to people until the water doesn’t go on. Mayor Steves offered a helpful statistic to the community regarding water usage and what happens during the summer with water usage – in the non-summer period, the Village pumps approximately 3 million gallons per day; in the summer the Village pumps 10 million gallons a day at peak. This is not a minor change of use of water in the Village. Dealing with this kind of water usage and the reconstruction of the Reeves Newsome pumping station at the same time is significant. ******** Manager’s Comments None. ******** Village Board of Trustees 08-13-2013 P a g e | 240 Public Comments None. ******** Mayor Steves requested a motion to add a resolution to the agenda with respect to a Memorandum of Agreement with Scarsdale/Edgemont Family Counseling Services for Older Adult Services, so moved by Trustee Mark, seconded by Trustee Brodsky and carried by a unanimous vote. Mayor Steves stated that this resolution will be dealt with under the appropriate committee. ******** Finance Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution regarding supplemental appropriation to FY 2013-2014 General Fund Budget – Workers Compensation Claims was approved by the vote indicated below: WHEREAS, in the current General Fund, fund balance, $410,626 has been assigned for workers compensation claims and it is now necessary to make payments on claims in the 2013-2014 fiscal year with the initial payments totaling approximately $13,662.25, now therefore be it RESOLVED, that $150,000 of the $410,626 currently assigned General Fund, fund balance, be appropriated to the 2013-2014 General Fund Budget Account “Workers Compensation Claims”, A990-SPCL BENEF-800-9040-.1 AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution regarding Fiscal Year 2012-2013 Closeout Balancing Budget Transfers was approved by the vote indicated below: WHEREAS, Pursuant to the provisions of Section 5-520 of the New York State Village Law, the Board of Trustees, by resolution, may transfer funds from existing and unexpended balances; from a Village Board of Trustees 08-13-2013 P a g e | 241 contingent account; from available cash surplus or unanticipated revenues within a fund; or by borrowing; and WHEREAS, at the end of the Village Fiscal Year 2012-2013, it is necessary to make balancing modifications to and from various accounts of already existing appropriations in the budget based on actual results of operations, and WHEREAS, the final 2012-2013 audit has been completed and in all cases, there are sufficient unexpended balances in various accounts, excess revenues or fund balances available to cover the transfers, now therefore be it RESOLVED, that pursuant to Village Law 5-520, the Board of Trustees hereby authorizes and directs the proper Village officers to modify the 2012-2013 Budget by making the following transfers: BUDGET MODIFICATIONS GENERAL FUND EXISTING ACCOUNT From: APPROPRIATIONS # AMOUNT Non-Departmental Social Security 9990.9730 64,869.00 Non-Departmental BANS Principal 9990.1964 120,000.00 Non-Departmental Refund Real Property Tax 9990.1964 133,212.00 Non-Departmental Contingent 9990.1990 380,000.00 TOTAL 698,081.00 ACCOUNT To: # AMOUNT Village Manager Parking Personal Services 1230.100 27,300.00 Village Manager Parking Personal Services 1230.120 21,402.00 Village Treasurer Accts Payable Personal Services 1325.100 81.00 Village Treasurer Administration Personal Services 1325.100 6,720.00 Village Assessor Administrative Personal Services 1355.100 11,948.00 Village Assessor Administrative Personal Services Overtime 1355.120 94.00 Village Clerk Personal Services 1410.100 6,242.00 Village Attorney Personal Services 1420.100 Village Board of Trustees 08-13-2013 P a g e | 242 5,220.00 Village Attorney Popham Rd Bridge Consulting Services 1420.458-1 148,659.00 Human Resources Personal Services 1430.100 57,865.00 Human Resources Personal Services Part Time 1430.130 1,505.00 Human Resources Risk Personal Services 1430.100 1,830.00 Human Resources Risk Personal Services Part Time 1430.130 1,505.00 Public Works Highway Street Maintenance 1490.120 170,006.00 Public Works Sanitation Personal Services 1490.100 270.00 IT Software Personal Services 1680.100 1,369.00 Police Department Photo Equipment 3120.200 4,066.00 Fire Department Personal Services 3410.100 172,472.00 Building Department Personal Services 3620.100 25,921.00 Planning Dept Personal Services 8020.100 1,549.00 Planning Dept Contractual 8020.400 993.00 Non-Departmental Liability Insurance 9990.451 31,064.00 TOTAL 698,081.00 ENTERPRISE FUND - POOL EXISTING ACCOUNT From: APPROPRIATIONS # AMOUNT Pool Equipment 2000.200 6,852.00 Pool Social Security 2000.9030 1,120.00 Pool Workers Compensation 2000.9040 5,500.00 Pool Debt Principal 2000.9710 8,319.00 21,791.00 To: Pool Part-Time Personal Services 2000.130 2,387.00 Pool Care of Grounds 2000.483 10.00 Pool Contractual 2000.499 19,170.00 Village Board of Trustees 08-13-2013 P a g e | 243 Pool Taxes on Village Property 2000.195 208.00 Pool MTA Tax 2000.1980.4 16.00 21,791.00 ENTERPRISE FUND - WATER EXISTING ACCOUNT From: APPROPRIATIONS # AMOUNT Scarsdale Water Administration Debt Principal 8310.9710 30,521.00 30,521.00 ACCOUNT To: # AMOUNT Scarsdale Water Pump OP/MT Personal Services 8310.100 20,916.00 Scarsdale Water Benefits OPEB 8310.9089 9,605.00 TOTAL 30,521.00 INTERNAL SERVICE FUND EXISTING APPROPRIATIONS AND FUND ACCOUNT From: BALANCE # AMOUNT Garage Operations Equipment 1640.200 15,000.00 Garage Admin Contingent 1640.1994 9,918.00 Garage Fund Balance 1640.9999 101,389.00 TOTAL 126,307.00 ACCOUNT To: # AMOUNT Garage Operations Support Personal Services 1,640.100 37,857.00 Garage Operations Repair - Repairs to Equipment 1,640.441 56,135.00 Garage Operations Repair - Equipment Supplies 1,640.462 900.00 Garage Operations Repair - Repairs to Cars 1,640.464 Village Board of Trustees 08-13-2013 P a g e | 244 7,369.00 Garage Admin Benefits OPEB Expense 1640.9089 24,046.00 TOTAL 126,307.00 AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution to authorize the execution of an agreement with the New York State Department of Transportation – Emergency Relief Program was approved by the vote indicated below: WHEREAS, on October 29, 2011 the Village experienced a severe storm resulting in six inches of snow and approximately 360 felled trees and/or branches, causing road closures and power loss to roughly half of the Village; and WHEREAS, the unseasonable storm was particularly damaging as many trees had yet to shed their leaves and coupled with the additional weight of the snow fell at an alarming rate requiring a large amount of emergency debris removal from various locations in the Village, including Federal highways; and WHEREAS, costs associated with the debris removal on Federal highways are eligible for funding under Title 23 U.S. Code, as amended and administered by the Federal Highway Administration (FHWA), for Federal emergency relief that calls for the apportionment of the costs of the Emergency Repair to be borne at the ratio of 100% Federal funds and 0% non-federal funds and WHEREAS, the Village applied and was approved for reimbursement for emergency disaster relief under the FHWA’s Emergency Relief Program, said reimbursement totaling $100,977 and identified as PIN 8701.94; and Village Board of Trustees 08-13-2013 P a g e | 245 WHEREAS, the New York State Department of Transportation (NYSDOT) has proffered an agreement to facilitate the reimbursement; now therefore be it RESOLVED, that the Village Board of Trustees hereby approves the Project (identified as PIN 8701.94) and certifies that $100,977 was first instanced at 100% to complete the Project; and be it further. RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager and the Deputy Village Manager to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the Village of Scarsdale with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible and be it further RESOLVED, that this resolution shall take effect immediately and that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Land Use Committee Upon motion entered by Trustee Mark, and seconded by Trustee Lee, the following resolution regarding a License Agreement – 62 Park Road – Right-of-Way Encroachment was approved by the vote indicated below: WHEREAS, Hilary Jandal, (hereinafter “Licensee”) of a certain property known as 62 Park Road, identified on the Village of Scarsdale Tax Map as Section 16, Block 03, Lot 08; and Village Board of Trustees 08-13-2013 P a g e | 246 WHEREAS, the Licensee is desirous of maintaining decorative stone piers, a stone wall topped with a decorative iron fence and an entry gate located approximately 6’ feet within the Village right-of-way on Park Road in the front of their property; and WHEREAS, the Village Engineer has inspected these encroachments and reports via memorandum dated August 2, 2013 (attached) that the stone piers, entry gate and stone walls do not present any visual obstructions or unsafe conditions; and WHEREAS, the Village is desirous of accommodating the Licensee by granting a revocable license agreement to permit the Licensee to maintain and legalize the decorative stone piers, stone wall with fence and entry gate within the Village right-of-way, in accordance with the plans and specifications, reviewed and approved by the Village Engineer, as prepared by Aristotle Bournazos, P.C. dated March 7, 1994, and attached as Exhibit “A” of said License Agreement, attached hereto and made a part hereof; and WHEREAS, the Licensee is responsible for all maintenance and repairs of said encroachments in the Village right-of-way and the payment of all fees associated with any construction and inspection work; and WHEREAS, Licensee will indemnify and hold harmless the Village in all actions, claims, judgments, costs or expenses arising from said maintenance of the encroachments and provide the Village with a certificate of liability insurance naming the Village as an additional insured, at limits approved by the Village Attorney; and WHEREAS, the granting of said revocable license agreement will not interfere with the Village’s present and future use and maintenance of said Village right-of-way; now therefore be it RESOLVED, that the Village Manger is herein authorized to execute a revocable license agreement, in substantially the same form as attached hereto, with Hilary Jandal, Trustee of 62 Park Road, Scarsdale N.Y. 10583, to maintain decorative stone piers, a stone wall topped with a decorative iron fence and an entry gate located within the Village right-of-way in accordance with the March 7, 1994 plans and specifications reviewed and approved by the Village Engineer and attached to the license agreement as Exhibit “A”; said authorization conditioned on Licensee’s submission to the Village of a certificate of liability insurance naming the Village of Scarsdale as an additional insured, at limits approved by the Village Attorney; and be it further RESOLVED, that Licensee herein agrees to indemnify and hold the Village of Scarsdale harmless in all actions, claims, judgments, costs or Village Board of Trustees 08-13-2013 P a g e | 247 expenses arising from said installation and maintenance of said encroachments; and be it further RESOLVED, that the Licensee shall pay the Village the sum of $1,000.00 as an administrative fee associated with the preparation and execution of said license agreement, pursuant to the Fiscal Year 2013/14 Village-Wide Fees and Charges schedule. 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 authorization to execute a memorandum of agreement with Scarsdale/Edgemont Family Counseling Services for Older Adult Services was approved by the vote indicated below: WHEREAS, Scarsdale/Edgemont Family Counseling Services has provided a myriad of social services to the community for many years; and WHEREAS, included among these services is the Older Adult Services Program, a jointly funded program between the Village of Scarsdale (Village) and Scarsdale/Edgemont Family Counseling Services, which, through the employment of a full-time Older Adult Services Program Director, provides advocacy and leadership, while identifying areas for prevention, intervention and support for individuals and families coping with challenges of later life; and WHEREAS, Scarsdale/Edgemont Family Counseling Services has submitted its Fiscal Year 2013/14 funding request to the Village for the Older Adult Services Program; and WHEREAS, the Board of Trustees reviewed and discussed this request during the FY 2013/14 budget deliberations and based on this review are desirous of continuing these services, and as such, have appropriated the necessary program funding in the FY 2013/14 General Fund Budget; now therefore be it Village Board of Trustees 08-13-2013 P a g e | 248 RESOLVED, that the Village Manager and Mayor are hereby authorized to execute the attached Memorandum of Agreement with the Scarsdale/Edgemont Family Counseling Services in substantially the same form as attached hereto; and be it further RESOLVED, that the funding requested by Scarsdale/Edgemont Family Counseling Services of $48,548.50 to support these program services, as identified in the agreement, is available through appropriations in the FY 2013/14 General Fund Budget. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution regarding authorization to execute a memorandum of agreement with the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service for the Youth Services Project was approved by the vote indicated below: WHEREAS, in 1984 the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale-Edgemont Family Counseling Service recognized the need for a safety net for youth and emotional support for their parents which led to the creation of the Scarsdale Youth Services Project; and WHEREAS, the Youth Services Project is a partnership of the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service that provides challenging programs for youth and parents that builds confidence and strengthens the character of youth in grades six through twelve, provides outreach to parents, makes available support groups, offers parenting for prevention strategies as well as other challenging programs; and WHEREAS, the current agreement will expire effective August 31, 2013 and Scarsdale/Edgemont Family Counseling Service has proffered a successor agreement to the Village; and WHEREAS, the term of the proposed agreement is for one year, commencing September 1, 2013 and terminating August 31, 2014 with costs Village Board of Trustees 08-13-2013 P a g e | 249 distributed between the Village and Scarsdale Union Free School District; and WHEREAS, the Board of Trustees provided an appropriation of $242,175 in the FY 2013/14 General Fund Budget which has been flat at the same amount for the last five (5) years; now therefore be it RESOLVED, that the Mayor and Village Manager are herein authorized to execute the Memorandum of Agreement among the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service, substantially in the same form as attached hereto, and that the Village Manager is further authorized to perform all necessary administrative acts in connection therewith; and be it further RESOLVED, that all costs associated with this agreement be charged to FY 2013/14 General Fund Budget Account # A-9990-HUMSV- YOUTH-400 499 not to exceed budgeted appropriations. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution regarding authorization to execute a license agreement to continue the allowance of an existing encroachment in the Village Right-of-Way – 15A Richbell Road was approved by the vote indicated below: WHEREAS, Eric and Deborah Lichtenstein (hereinafter “Licensee”) have purchased certain real property located at 15A Richbell Road, Scarsdale, New York, from Lyndon and Ilyse Tretter (hereinafter “prior owners”), as shown on the official tax map of the Village of Scarsdale as Section 14, Block 5, Lot 25B, and WHEREAS, the prior owners formally executed a non-transferable license agreement via Village Board resolution of November 22, 2011 (attached) with the Village, legalizing an encroachment of their decorative stone wall and piers located on the Village right-of-way, and Village Board of Trustees 08-13-2013 P a g e | 250 WHEREAS, Licensee, as new owners, are desirous of continuing the encroachment of the decorative stone wall and piers on Village property by entering into a license agreement, and WHEREAS, the Village is desirous of accommodating Licensee by executing a new license agreement, and WHEREAS, the license agreement for the encroachment of the decorative stone wall will remain materially unchanged from the prior license agreement, as well as the location of the decorative stone wall and two piers at the point of ingress and egress for the driveway, and WHEREAS, the Village Engineer has previously inspected the decorative stone wall and the location of the driveway and determined that the existing encroachment on the Village right-of-way does not result in a visual obstruction or unsafe condition; and WHEREAS, the license agreement, attached hereto, has been reviewed and approved as to form by the Village Attorney, now therefore be it RESOLVED, that the Village Manager is herein authorized to execute a license agreement with Eric and Deborah Lichtenstein, 15A Richbell Road, in substantially the same form attached hereto, which is materially unchanged from the previous license agreement, allowing the decorative stone wall and piers to remain in the Village right-of-way, and be it further RESOLVED, that the Village Manager shall take all administrative acts included with this 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 Lee, and seconded by Trustee Eisenman, the following resolution regarding authorization to execute a revocable license agreement for use of the Village Right-of-Way – 15A Richbell Road was approved by the vote indicated below: WHEREAS, Eric and Deborah Lichtenstein (hereinafter “Licensee”) have purchased certain real property located at 15A Richbell Road, Village Board of Trustees 08-13-2013 P a g e | 251 Scarsdale, New York, from Lyndon and Ilyse Tretter (hereinafter “prior owners”), as shown on the official tax map of the Village of Scarsdale as Section 14, Block 5, Lot 25B; and WHEREAS, the prior owners formally executed a non-transferable license agreement with the Village via Village Board resolution dated July 10, 2012, (attached), legalizing an encroachment of a 6 inch controlled overflow pipe on the Village right-of-way; and WHEREAS, Licensee, as new owners, are desirous of continuing the encroachment of the overflow pipe through the Village right-of-way by entering into a license agreement; and WHEREAS, the Village is desirous of accommodating Licensee by executing a new license agreement; and WHEREAS, such license agreement will remain materially unchanged from that of the prior owners; and WHEREAS, the prior owners were issued a building permit to reconfigure and relocate an existing gravel driveway away from an adjoining property and a stormwater permit pursuant to Village Code Chapter 254 “Stormwater Management,” to install a “Cultec” recharger system in their front yard in order to mitigate stormwater runoff from their property; and WHEREAS, this Cultec drainage system includes a 6 inch controlled overflow pipe connected to the Village drainage system at a catch basin in front of 15A Richbell Road to systematically handle stormwater flows in excess of a 25 year storm, said overflow pipe placed in the Village right-of-way necessitating the execution of the license agreement with the Village; and WHEREAS, the Village is desirous of accommodating the Licensee by the granting of a new revocable license agreement in substantially the same form as attached hereto to continue the use and maintenance of said drain pipe in the Village right-of-way and connection to the Village-owned catch basin at the Licensee’s expense; and WHEREAS, in addition, the Licensee shall provide the Village a certificate of liability insurance naming the Village as an additional insured, at limits approved by the Village Attorney; and WHEREAS, the granting of said revocable license agreement will not interfere with the Village’s present and future use and maintenance of said Village right-of-way, now therefore be it Village Board of Trustees 08-13-2013 P a g e | 252 RESOLVED, that the Village Manager is herein authorized to execute a revocable license agreement, in substantially the same form as attached hereto, with Eric and Deborah Lichtenstein of 15A Richbell Road, to continue the maintenance of an overflow drain pipe and connection to a Village catch basin located in the grass portion of the Village right-of-way in front of 15 Richbell Road, in accordance with the attached Stormwater Management Plan dated May 1, 2012, prepared by Hudson Engineering Consulting; and be it further RESOLVED, that the Licensee herein agrees to indemnify and hold the Village of Scarsdale harmless in all actions, claims, judgments, costs or expenses arising from said maintenance and use of the foregoing; and be it further RESOLVED, that the Licensee’s failure to file a certificate of insurance with the Village does not limit or mitigate Licensee’s obligation to indemnify and hold the Village harmless as described above; and be it further RESOLVED, that pursuant to the FY 2013-14 Village-Wide Fees and Charges Schedule, Licensee shall pay to the Village of Scarsdale the sum of $1,000.00 as an administrative fee associated with the preparation and execution of the license agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Recreation Committee Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution regarding authorization to execute an agreement with South East Consortium for Special Services Inc. was approved by the vote indicated below: WHEREAS, the South East Consortium for Special Services, Inc. is a voluntary not-for-profit corporation whose sole purpose is to provide therapeutic recreation services to Westchester County youth and adults with physical, developmental, learning and emotional disabilities; and Village Board of Trustees 08-13-2013 P a g e | 253 WHEREAS, the Consortium provides these services through an inter- municipal agreement with the member municipalities of the City of Rye, Towns of Eastchester, Pelham and Mamaroneck, the Villages of Bronxville, Mamaroneck, Port Chester, Rye Brook and Tuckahoe, and the Town/Villages of Harrison and Scarsdale; and WHEREAS, the Village has participated in this program since its inception 32 years ago and has found it to be a very beneficial and successful endeavor; and WHEREAS, the Village of Scarsdale’s cost to participate in the Consortium for 2013 is $16,334 which remains unchanged year to year; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute a renewal agreement for calendar year 2013, on behalf of the Village of Scarsdale, with South East Consortium for Special Services, Inc. to provide special recreation programs for disabled individuals in Scarsdale, in substantially the same form as attached hereto; and be it further RESOLVED, that the 2013 program year cost of $16,334 is hereby approved and shall be charged to the Recreation Department Operating Budget Account #A-7020- REC-DISAB-400 499. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding authorization to execute a lease agreement with the Junior League of Central Westchester for Wayside Cottage was approved by the vote indicated below: WHEREAS, Emily O. Butler deeded Wayside Cottage to the Village of Scarsdale (Village) in 1919 for educational and historical purposes, for fostering a general public and democratic spirit in the community, and for providing a center for civic welfare for the Village; and Village Board of Trustees 08-13-2013 P a g e | 254 WHEREAS, since 1953, the Village has leased Wayside Cottage to the Junior League of Central Westchester (JLCW), a non-profit women’s organization committed to promoting volunteerism, developing the potential of women, and improving the community through the effective action and leadership of trained volunteers; and WHEREAS, the current lease agreement expired on April 24, 2012 and the Village and the JLCW wish to continue this longstanding arrangement by renewing the lease agreement for a fifteen year term, five years longer than the current lease; and WHEREAS, Village staff has met with representatives of the JLCW to review terms of the lease agreement and have agreed to modify the JLCW’s Wayside Cottage meeting room rental policy and fees to coincide with the current Village Board-established policy for renting and paying for rooms at other Village-owned buildings, and add a provision relative to the JLCW’s expending of organizational funds for certain capital improvements to Wayside Cottage for which funding would otherwise be unavailable from the Village; now therefore be it RESOLVED, that the Village Board of Trustees herein authorizes the Village Manager to execute a lease agreement with the Junior League of Central Westchester for Wayside Cottage in substantially the same form as contained herein; and be it further RESOLVED, that the Village Manager shall take all administrative acts necessary in accordance with this lease 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 Mark, the following resolution regarding an application for New York State Office of Parks, Recreation, and Historic Preservation Funds - Wayside Cottage Restoration Project – Phase II was approved by a unanimous vote: WHEREAS, the Wayside Cottage, deeded to the Village of Scarsdale by Emily O. Butler in 1919, is listed on the National Register of Historic Village Board of Trustees 08-13-2013 P a g e | 255 Places and leased to the Junior League of Central Westchester for its headquarters, office space and assembly room; and WHEREAS, the cottage, a public resource with historical and architectural significance, periodically requires certain exterior and interior restoration, repair and improvements in order to preserve the property and its historical characteristics; and WHEREAS, in 2004, the Village engaged the architectural services of Jan Hird Pokorny Associates (JHPA), 39 West 37th Street, New York, NY., a firm with considerable experience in historic building restoration projects, to investigate the cottage and prepare an Assessment Report, said report completed and submitted in May 2005 outlining the scope of restoration and replacement work to be performed; and WHEREAS, the work consisted of all exterior building elements, including windows, siding, wood trim, front porch, roof, doors and chimney, and was estimated by JHPA to cost $495,000 to construct, said estimate subsequently increased to $609,700 in November 2006 based on construction cost increases and the inclusion of design fees; and WHEREAS, certain interior elements including electrical service upgrades, lighting and asbestos removal were also reported to the Village by JHPA, but were not included in the Assessment Report or cost estimate; and WHEREAS, due to budgetary constraints, the identified Wayside cottage restoration and replacement work was prioritized with commencing in December 2007 and completed in November 2008 at a total cost of $569,759.08 ($64,236.21 design and $505,522.87 construction) funded through a $250,000 New York State Dormitory Authority Grant, a $100,000 Westchester County Community Development Block Grant (CDBG) and $219,059.08 in Village capital funding; and WHEREAS, the Village is currently planning to commence the Phase II work identified by JPHA which consists of disassembling and reconstructing a rear terrace, upgrading exterior cottage doors for security and accessibility, upgrading exterior lighting and existing electrical services, restoring existing interior flooring, restoring interior plaster finishes and performing asbestos abatement as necessary; and WHEREAS, the estimated cost of these improvements is $414,720 as identified on the attached Project Budget prepared in conjunction with Village Board of Trustees 08-13-2013 P a g e | 256 JHPA, which includes contingencies for general conditions and construction; and WHEREAS, an opportunity to apply for grant funding for the Phase II work is currently available through the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), under Title 9 of the 1993 Environmental Protection Act, to improve, protect, preserve, rehabilitate and/or restore properties listed on the National or State Registers of Historic Places; and WHEREAS, the Village is desirous of submitting an application to the OPRHP for grant funds for this project in the amount of $207,360, which represents 50% of the estimated project costs, with the Village responsible for the 50% balance through a combination of cash ($163,255) and in-kind services ($44,105); now therefore be it RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to file an application for grant funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, for an amount of $207,360 and should the Village be awarded a grant, enter into and execute a grant agreement with the State for such financial assistance to the Village, as well as the Village’s 50% local match, for Phase II of the Wayside Cottage Restoration Project; and be it further RESOLVED, that the Village Manager is authorized to perform all necessary administrative acts associated with the completion of this application and the agreement should the Village be awarded a grant; and be it further RESOLVED, that the Village Board of Trustees supports and encourages the Village Administration to seek additional grant opportunities for this project. ******** Mayor Steves stated that the next resolution coming up involves a grant that the Village did obtain and he feels it is important to point out that the Village staff works very diligently to obtain any grant that the Village is eligible for. This is a very important way of augmenting revenues and reducing revenues that have to be obtained from property taxes and getting projects like this done, a very historical site, with available grants. Mayor Steves reiterated that he appreciates the work of the staff but he feels it is important that the community knows that the Village does not let a dollar go by that we are eligible for without trying for it. ******** Village Board of Trustees 08-13-2013 P a g e | 257 Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding the Sheldrake River Drainage Basin Improvement Project – Professional Services Agreement and Appropriation of Funds $600,000 was approved by the vote indicated below: WHEREAS, flooding has been prevalent in certain sections of the Village as described in the 2009 Village Wide Comprehensive Stormwater Management Plan which identified 31 sub drainage basin areas of which six were deemed to be Critical Sub Drainage Basin Areas and in the remaining 25 Sub Drainage Basin Areas a total of 12 problem locations were cited where some periodic flooding has taken place; and WHEREAS, for the past number of years, the Village has been collecting data, analyzing hydrologies, developing project concepts and seeking grant funding for projects in the Six Critical Sub Drainage Basin Areas, specifically, the South Fox Meadow Brook, Sheldrake River and Hutchinson River Drainage Basins and is currently completing a major grant funded project in the South Fox Meadow Brook Drainage Basin, while working with the City of New Rochelle and Westchester County to gain funding for a project in the Hutchinson River Drainage Basin; and WHEREAS, in regards to the Sheldrake River Drainage Basin, the Village Board’s Municipal Services Committee ( MSC) has met a number of times over the past few years including September 14, 2011, November 15, 2012, November 26, 2012, May 14, 2013 and July 10, 2013, during which the Board authorized and received a 30% design report prepared by Dvirka and Bartilucci, Consulting Engineers on a scope of work for a flood mitigation project which was recently modified and agreed upon by a working group of Village Board members, staff and involved residents at the July 10, 2013 MSC meeting; and WHEREAS, the modified scope of work includes culvert expansions, removal of accumulated silt from an open watercourse, balancing of stormwater flows, hydraulic downstream modeling and location of possible new pathways for conveyance and storage; and WHEREAS, the Village Board has requested that the administration prepare a design proposal, construction specifications, bid documents and recommend a funding source to implement the modified concept which is more fully described in the attached July 31, 2013 professional services agreement from Dvirka and Bartilucci, which has been reviewed and determined by staff to be reasonable and complete; now therefore be it Village Board of Trustees 08-13-2013 P a g e | 258 RESOLVED, that the Village Manager is herein authorized to execute the proposed professional services agreement from Dvirka and Bartilucci, in substantially the form attached hereto, and that $600,000 be appropriated from the General Fund, Fund Balance, to the FY 2013-2014 Village General Fund Budget, “Transfer to Capital” for transfer to the Capital Budget for the “Sheldrake River Drainage Basin Modified Project” as per the following: “Design, Engineering, Analysis, Permitting and Construction Administration” $125,000 and “Construction” $475,000. 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 National Fish and Wildlife Foundation Grant Agreement – Library Rain Garden Project was approved by the vote indicated below: WHEREAS, in December 2006, the Village entered into an Assurance of Discontinuance (AOD) agreement with the New York State Office of the Attorney General (OAG) to identify, abate and eliminate illicit pollution discharges into the Bronx River via eight outfalls; and WHEREAS, the Village performed extensive investigatory and remediation work and was able to eliminate said discharges in seven of the outfalls pursuant to the AOD and has continued investigatory work to determine the source and remedies for the remaining outfall; and WHEREAS, pursuant to the AOD, the Village placed $78,975 in an escrow account to be used to fund stormwater retrofit projects within the Bronx River drainage basin, such projects selected by the OAG in consultation with the New York State Department of Environmental Conservation (NYSDEC); and WHEREAS, the OAG and NYSDEC established the Bronx River Watershed Initiative, a grant program managed by the National Fish and Wildlife Foundation (NFWF) using funds received from settlements, including the Village’s $78,975, resulting from Village Board of Trustees 08-13-2013 P a g e | 259 violations associated with illicit pollution discharges from storm sewers into the Bronx River; and WHEREAS, utilizing the Village’s 2009 Comprehensive Stormwater Management Plan, the Village developed a grant proposal for a stormwater runoff reduction and water quality treatment project at the Scarsdale Public Library for an estimated cost of $247,091.50 which involves the construction of an 1,800 square foot rain garden at the Library allowing for 90% of the stormwater run-off from the library’s roof (approximately 450,000 gallons) to infiltrate into the ground; and WHEREAS, the grant proposal also includes the installation of up to 15 catch basin hoods in sub-drainage basin area BR-7 to capture floatables and remove them from the storm drain system and ultimately the Bronx River; and WHEREAS, the Village was recently awarded a grant in the amount of $188,091.50 by the NFWF with the $59,000 balance being funded through a Village match via $26,100 in cash and $32,900 of in- kind services, said grant and local match funding identified in the FY 2013/14 Capital Budget; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute a grant agreement with the National Fish and Wildlife Foundation in substantially the same form as attached hereto, providing for $188,091.50 in grant funding for the Village’s Stormwater Runoff Reduction and Water Quality Treatment project at the Scarsdale Public Library; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake all administrative acts required pursuant to the terms of the grant agreement; and be it further RESOLVED, that the $26,100 representing the cash portion of the Village local match be funded through the identified $25,000 in the FY 2013/14 Capital Budget and $1,600 to be transferred from the Capital Fund, Fund Balance to a Capital Project Account to be determined by the Village Treasurer. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves Village Board of Trustees 08-13-2013 P a g e | 260 ******** Upon motion entered by Trustee Stern, and seconded by Trustee Mark, the following resolution regarding a Professional Services Agreement – Library Rain Garden Project - was approved by the vote indicated below: WHEREAS, the Village has been awarded a stormwater grant in the amount of $188,091.50, for a capital improvement project at the Scarsdale Public Library entitled, Stormwater Runoff Reduction and Water Quality Treatment, through the Bronx River Watershed Initiative program as managed by the National Fish and Wildlife Foundation for the New York State Office of the Attorney General and the New York State Department of Environmental Conservation; and WHEREAS, the Stormwater Runoff Reduction and Water Quality Treatment project involves the construction of an 1,800 square foot rain garden at the Library that will allow 90% of the stormwater run- off from the Library’s roof (approximately 450,000 gallons) to infiltrate into the ground; and WHEREAS, the funding for the $247,091.50 project is comprised of the aforementioned grant in the amount of $188,091.50 with the $59,000 balance funded through the Village local share via $26,100 in cash and $32,900 of in-kind services as identified in the Village FY 13/14 Capital Budget; and WHEREAS, the Village has previously utilized the services of the engineering consulting firm of Dvirka & Bartilucci, (D&B) White Plains, New York, to complete stormwater management projects, with D&B also assisting staff with the preparation of the Bronx River Watershed Initiative grant application; and WHEREAS, D&B’s efforts on the above referenced work have been exemplary with their technical and administrative work completed in a professional and timely manner; and WHEREAS, because of their previous studies and analysis of the Village’s stormwater system including the infrastructure, hydrology, drainage and sub-drainage basins, D&B is prepared to undertake the scope of services necessary to design, engineer and manage the grant project; and WHEREAS, staff has discussed the scope of services for the grant project with D&B and has negotiated a professional services agreement for a fee of $24,600; now therefore be it Village Board of Trustees 08-13-2013 P a g e | 261 RESOLVED, that the Village Manager is herein authorized to execute the professional services agreement dated July 26, 2013, in substantially the same form as attached hereto, in the amount of $24,600 between the Village of Scarsdale and Dvirka and Bartilucci Consulting Engineers, 4 West Red Oak Lane, White Plains, New York, for engineering services associated with the Stormwater Runoff Reduction and Water Quality Treatment project at the Scarsdale Public Library; and be it further RESOLVED, that the cost of said professional services agreement be charged to a Capital Budget Account to be determined by the Village Treasurer; 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 professional services 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 Stern, and seconded by Trustee Mark, the following resolution regarding an Amendment to a Professional Services Agreement for South Fox Meadow Stormwater Improvement Project was approved by the vote indicated below: WHEREAS, the South Fox Meadow Detention Improvement Project was planned to incorporate four of the Bronx River projects identified in the Village’s Comprehensive Stormwater Management Plan, including the Brewster Road drainage diversion and construction of detention basins at George Field Park, Cooper Green and Harcourt Woods; and WHEREAS, the project funding includes up to $1,740,000 of Village funding financed through the New York State Environmental Facilities Corporation’s Clean Water State Revolving Fund and up to $1,450,000, in Westchester County Flood Action Grant Program funds pursuant to a March 29, 2010 Intermunicipal Agreement between the County and Village; and Village Board of Trustees 08-13-2013 P a g e | 262 WHEREAS, via resolution dated March 23, 2010 (attached), the Village Board approved a professional services agreement with the engineer consulting firm of Dvirka and Bartilucci (D&B) to perform the necessary surveying, engineering, preliminary and final design and cost estimates, preparation of construction documents, administration of the public bidding process and construction administration services for the South Fox Meadow Detention Improvement Project for a total cost of $456,070, said agreement executed on June 17, 2010; and WHEREAS, said professional services agreement has been amended three times, resulting in a revised total cost of $585,960 for this agreement as follows:  Amendment #1 – approved on April 2, 2011 by the Village Manager for a total cost of $6,800 for additional topographic and survey work at the Murray Hill and Post Road location,  Amendment #2 - approved on August 23, 2011 via Village Board resolution for a total cost of $98,100 for engineering services associated with the beneficial re-use of excavated soil to raise the High School gravel parking lot,  Amendment #3 – approved on October 9, 2012 via Village Board resolution for a total cost of $24,990 for the re-design re-bid and re-advertisement of the Harcourt Woods segment; and WHEREAS, D&B has requested an amendment (Amendment #4) to their agreement for additional expenses related to reproduction costs for the re-bidding of Harcourt Woods, re-design of a portion of the Harcourt Woods segment based upon comments and concerns expressed at the June 5, 2013 Municipal Services Committee meeting and the subsequent additional opinions and recommendations sought by the Village and additional construction management services rendered for Segment 1 - George Field Park; and WHEREAS, pursuant to the construction contract, the Village assessed liquidated damages totaling $16,500 against NDL Associates, 179 Forest Avenue, Yonkers NY 10705, the contractor for Segment 1 –George Field Park, for costs to the Village, including additional services rendered by D&B, as a result of NDL’s failure to complete the project by the project completion date; and WHEREAS, Section 2.9 of the Village Internal Control Policy requires Village Board approval of change orders for contracts between $100,000 and $500,000 when the aggregate amount of change orders exceeds 20% of the contract; and Village Board of Trustees 08-13-2013 P a g e | 263 WHEREAS, Village staff has reviewed Amendment #4 and determined that the amendment is reasonable and complete; now therefore be it RESOLVED, that in accordance with Section 2.9 of the Internal Control Policy the Village Manager is herein authorized to execute and take all administrative acts regarding Amendment #4 to the June 17, 2010 professional services agreement with Dvirka and Bartilucci Consulting Engineers, 4 West Red Oak Lane, White Plains, NY, in substantially the same form as attached hereto, in the amount of $24,750 between the Village of Scarsdale and Dvirka and Bartilucci Consulting Engineers, 4 West Red Oak Lane, White Plains, NY, for additional engineering services and expenses associated with Segment 7 – Harcourt Woods and additional construction management services for Segment 1- George Field Park of the South Fox Meadow Detention Improvement Project; and be it further RESOLVED, that the cost of said Amendment #4 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 Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Police Commissioner Trustee Eisenman stated that she will be reading seven resolutions of various heroic acts performed by the Village’s police force and she is very pleased to see that the police officers are out there ‘catching the bad guys’. Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding an Exceptional Duty Medal Award to: Sergeant Terence Ellis, Sergeant Boris Grgas, Police Officer Ronnie Arefieg, and Police Officer Steven Delbene was approved by a unanimous vote: Village Board of Trustees 08-13-2013 P a g e | 264 WHEREAS, the members of the Scarsdale Police Department are relied upon to protect and assure the safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a police officer performs his/her duties in an especially professional and outstanding manner, their conduct should be commended; and WHEREAS, on April 8, 2012, a report was received from a woman stating she had just fought off a male who had pulled a weapon and tried to push her into her car; and WHEREAS, while officers were en route, another call was received from a nearby home stating that they were just robbed in their home by a subject matching the description of the suspect in the first incident, who while leaving, displayed a weapon, a screwdriver; and WHEREAS, a third call was received from another person being robbed in his home where the suspect choked the resident and fled the scene with money; and WHEREAS, the description of the suspect matched the two previously reported incidents, SPD units flooded the entire area and had called in other neighboring departments to assist in the search for this suspect; and WHEREAS, while searching the area, Sgt. Ellis found a person matching the description of the suspect and after a foot pursuit of this subject by Sgt. Ellis, Sgt. Grgas, P.O.s Arefieg and Delbene, the suspect was handcuffed after a struggle that injured one of the officers; and WHEREAS, the suspect was identified by all of the victims and the proceeds of the crimes that he committed, as well as the weapon that he used, were recovered: and WHEREAS, the Police Department Awards Committee has recommended that Sergeant Terence Ellis, Sergeant Boris Grgas, Police Officer Ronnie Arefieg and Police Officer Steven Delbene receive the Exceptional Duty Medal; now therefore be it RESOLVED, that the Village Board hereby award the Exceptional Duty Medal to Sergeant Terence Ellis, Sergeant Boris Grgas, Police Officer Ronnie Arefieg and Police Officer Steven Delbene. ******** Village Board of Trustees 08-13-2013 P a g e | 265 Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding an Exceptional Duty Medal Award to: Police Officer Joseph Serio was approved by a unanimous vote: WHEREAS, the members of the Scarsdale Police Department are relied upon to protect and assure safety and welfare of the citizens of the Village of Scarsdale; and WHEREAS, when a police officer performs his/her duties in an especially professional and outstanding manner, their conduct should be commended; and WHEREAS, on April 28, 2012, P.O. Serio was assigned to burglary patrol in the vicinity of Scarsdale Police Posts 1 and 7, both recent burglary prone locations in the Greenacres section of the Village; and WHEREAS, at approximately 1953 hours, while traveling N/B on Post Road, P.O. Serio observed a man leaving a property on Post Road, acting in a nervous and suspicious manner; and WHEREAS, P.O. Serio continued N/B so as not to tip off the suspect, made a U-turn further down the Post Road circling back to the area where he observed the suspect begin to walk away quickly while avoiding eye contact; and WHEREAS, P.O. Serio exited his patrol vehicle and approached the subject who immediately admitted that he stole items from the home, P.O. Serio handcuffed and searched the suspect finding several jewelry items in his possession; and WHEREAS, after a thorough investigation and interview with the owner of the home on Post Road, the suspect was processed and charged with Burglary; and WHEREAS, the Police Department Awards Committee has recommended that Police Officer Joseph Serio receive the Exceptional Duty Medal; now therefore be it RESOLVED, that the Village Board hereby award the Exceptional Duty Medal to Police Officer Joseph Serio. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding an Administrative Recognition Award to: Detective Brendan Kellaher was approved by a unanimous vote: WHEREAS, the members of the Scarsdale Police Department are relied upon Village Board of Trustees 08-13-2013 P a g e | 266 to protect and assure safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a police officer performs his/her duties in an especially professional and outstanding manner, their conduct shall be commended; and WHEREAS, on May 30, 2012, Detective Kellaher met with the complainant who advised him that her platinum and diamond wedding ring, along with a silver brush and comb set, were stolen from her residence and the complainant implicated her former household assistant/nanny; and WHEREAS, the complainant and her husband had approached the defendant in the past for stealing things while she worked for them and she had returned the items but the complainant did not witness the most recent theft and the defendant denied taking them; and WHEREAS, Detective Kellaher did investigate the defendant and requested that she present herself for an interview and she did voluntarily come into headquarters and spoke with Detective Kellaher and Detective Albano after waiving her Miranda warnings; and WHEREAS, the defendant made an oral admission to knowing where the ring was and that she had taken it and she made a written statement affirming same and was asked to produce the ring; and WHEREAS, the ring was produced and was determined by Detective Kellaher to be the same ring reported stolen by the complainant and Detective Kellaher’s thorough investigation, coupled with the interview of the suspect resulting in a written confession, were factors leading to an arrest and return of property to the complainant; and WHEREAS, the Police Department Awards Committee has recommended that Detective Brendan Kellaher receive the Administrative Recognition Service Medal; now therefore be it RESOLVED, that the Village Board hereby award the Administrative Recognition Service Medal to Detective Brendan Kellaher. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding an Honorable Service Medal Award to: Detective Mark Thomas was approved by a unanimous vote: WHEREAS, the members of the Scarsdale Police Department are relied upon Village Board of Trustees 08-13-2013 P a g e | 267 to protect and assure safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a police officer performs his/her duties in an especially professional and outstanding manner, their conduct shall be commended; and WHEREAS, on September 28, 2011, Detective Thomas was assigned to investigate a burglary that occurred on Greenacres Ave and through his investigation, it was determined that a credit card that was stolen at the scene had unauthorized activity on it; and WHEREAS, through coordination with the bank, Detective Thomas traced the activity to several gas stations and convenience stores in the Bronx resulting in Detective Thomas visiting each location, interviewing employees and he was able to secure video surveillance files from two locations that showed a suspect; and WHEREAS, Detective Thomas recognized the suspect from the Westchester County Crime Analysis Flyers as a suspect in recent burglaries and Detective Thomas put together a photo array of the suspect; and WHEREAS, Detective Thomas contacted neighboring departments who had experienced similar burglaries and it became apparent that the crimes were being committed by the same individuals; and WHEREAS, a task force was formed and coordinated through the Westchester County District Attorney’s Office which lead to an arrest and return of property to the complainant; and WHEREAS, the suspects were arrested by White Plains Police in October 2011 for burglary after a pursuit on the Hutchinson River Parkway and ADA Murphy presented the Scarsdale burglary case against the suspects to a Grand Jury in January 2012, which required the testimony of Detective Thomas, and the presentation of his case to the Grand Jury; and WHEREAS, both suspects were indicted on Burglary and Grand Larceny for the Greenacres Ave burglary, as well as multiple burglaries and larcenies from White Plains, Bronxville and Yonkers and both suspects accepted plea deals resulting in 10 year jail terms; and WHEREAS, Detective Thomas’ thorough and detailed investigation factored into the successful prosecution of both suspects; and WHEREAS, the Police Department Awards Committee has recommended that Detective Mark Thomas receive the Honorable Service Medal; now therefore be it Village Board of Trustees 08-13-2013 P a g e | 268 RESOLVED, that the Village Board hereby award the Honorable Service Medal to Detective Mark Thomas. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding Administrative Recognition Awards to: Captain Andrew Matturro, Lieutenant Thomas Altizio, Lieutenant Edward Murphy, Sergeant Peter Kelly, Sergeant Boris Grgas, Sergeant Michael Siciliano, Sergeant Jon York, Sergeant Robert Raysor, Sergeant Jeff Santo, Detective Mark Thomas, Detective Brendan Kellaher, Detective Sherri Albano, Police Officer Jose Santos, Police Officer Armando Nava, Police Officer Steven Gassler, Police Office Kenneth Woodward, Police Officer Patrick Tewey, Police Officer Dinis Castro, Police Officer Robert Hein, Police Officer Patricia Arcesi, Police Officer John Boggi, Police Officer Ronnie Arefieg, Police Officer David Rosa, Police Officer Steven Delbene, Police Officer Robaire Johnson, Police Officer Jessica Knatz, Police Officer Craig Carroll, Police Officer Eric LoGiudice, Police Aide Adam Henry, Police Aide Justin Wilder, TEO Ward Nelligan, David Raizen, Sherri Rocco was approved by a unanimous vote: WHEREAS, the members of the Scarsdale Police Department are relied upon to protect and assure the safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a police officer performs his/her duties in an especially professional and outstanding manner, their conduct should be commended; and WHEREAS, the Scarsdale Police Department also recognizes citizens who engage in actions which assist the Police Department; and WHEREAS, when a civilian’s actions display alertness, efficiency and dedication toward their fellow citizens, their conduct should be commended; and WHEREAS, on October 29, 2012 into October 30, 2012, the Village of Scarsdale experienced a severe storm accompanied by hurricane strength winds and this combination led numerous trees and branches to come down and caused major power outages and roads to be closed; and WHEREAS, with reports of numerous live wires, as well as utility poles being down, the Officers were faced with many dangerous situations responding to over 178 calls for service; and WHEREAS, the officers that worked the telephones and radio, accompanied by David Raizen of SVAC, TEO Ward Nelligan and Police Aides Adam Henry and Justin Wilder, were inundated with both 911 and Village Board of Trustees 08-13-2013 P a g e | 269 non-emergency calls; and WHEREAS, these officers and civilians were able to dispatch the field units to calls and make proper notifications to utilities, fire and highway departments, even when communications systems were failing; and WHEREAS, during the morning of the 30th, Records Clerk Sherri Rocco arrived at work to assist, even though civilian office personnel did not have to be present; and WHEREAS, all together the personnel working this storm performed cohesively, safely and professionally; and WHEREAS, the Police Department Awards Committee has recommended that Captain Andrew Matturro, Lieutenant Thomas Altizio, Lieutenant Edward Murphy, Sergeant Peter Kelly, Sergeant Boris Grgas, Sergeant Michael Siciliano, Sergeant Jon York, Sergeant Robert Raysor, Sergeant Jeffrey Santo, Detective Mark Thomas, Detective Brendan Kellaher, Detective Sherri Albano, Police Officer Jose Santos, Police Officer Armando Nava, Police Officer Steven Gassler, Police Officer Kenneth Woodward, Police Officer Patrick Tewey, Police Officer Dinis Castro, Police Officer Robert Hein, Police Officer Patricia Arcesi, Police Officer John Boggi, Police Officer Ronnie Arefieg, Police Officer David Rosa, Police Officer Steven Delbene, Police Officer Robaire Johnson, Police Officer Jessica Knatz, Police Officer Craig Carroll, Police Officer Eric LoGiudice, Police Aide Adam Henry, Police Aide Justin Wilder, TEO Ward Nelligan, David Raizen and Sherri Rocco receive the Administrative Recognition Service Medal; now therefore be it RESOLVED, that the Village Board hereby award the Administrative Recognition Service Medal to Captain Andrew Matturro, Lieutenant Thomas Altizio, Lieutenant Edward Murphy, Sergeant Peter Kelly, Sergeant Boris Grgas, Sergeant Michael Siciliano, Sergeant Jon York, Sergeant Robert Raysor, Sergeant Jeffrey Santo, Detective Mark Thomas, Detective Brendan Kellaher, Detective Sherri Albano, Police Officer Jose Santos, Police Officer Armando Nava, Police Officer Steven Gassler, Police Officer Kenneth Woodward, Police Officer Patrick Tewey, Police Officer Dinis Castro, Police Officer Robert Hein, Police Officer Patricia Arcesi, Police Officer John Boggi, Police Officer Ronnie Arefieg, Police Officer David Rosa, Police Officer Steven Delbene, Police Officer Robaire Johnson, Police Officer Jessica Knatz, Police Officer Craig Carroll, Police Officer Eric LoGiudice, Police Aide Adam Henry, Police Aide Justin Wilder, TEO Ward Nelligan, David Raizen and Sherri Rocco. Village Board of Trustees 08-13-2013 P a g e | 270 ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding an Administrative Recognition Award to: Police Officer Robaire Johnson, Police Officer Armando Nava, and Police Officer Anthony Santana was approved by a unanimous vote: WHEREAS, the members of the Scarsdale Police Department are relied upon to protect and assure the safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a police officer performs his/her duties in an especially professional and outstanding manner, their conduct should be commended; and WHEREAS, on February 22, 2013, the Eastchester Police Department broadcast a Hotline transmission regarding a vehicle that was seen leaving the scene of a possible burglary in progress in Eastchester; and WHEREAS, the vehicle was occupied by three suspects who had been confronted by an off duty Eastchester Police Officer and the SPD Desk Sergeant advised all Scarsdale patrol units via radio as to the hotline and Sergeant Siciliano directed patrol units to move towards the Post 3 and 4 areas bordering Eastchester; and WHEREAS, P.O. Nava and P. O. Santana were working the Garth Road Detail at this time and shortly thereafter they both observed the reported suspect vehicle with three occupants pass their detail location and continue southerly on Garth Road towards Eastchester; and WHEREAS. they advised HQ as to their observations. At this time P.O. Johnson was travelling southerly on Scarsdale Avenue from Popham Road and P.O. Knatz and Det. Thomas were also heading into the area; and WHEREAS, P.O. Johnson continued to parallel Garth Road proceeding south on Scarsdale Avenue and P.O.’s Nava and Santana proceeded south on Garth Road in their traffic car and P.O. Johnson proceeded onto westbound Harney Road and as he was approaching the intersection of Harney and Garth Roads, he observed the suspect vehicle at southbound Garth Rd at Harney Road occupied by three male subjects; and WHEREAS, the suspect vehicle turned right onto Harney Rd and P.O. Johnson effected a traffic stop on the Harney Road Bridge at the Village Board of Trustees 08-13-2013 P a g e | 271 Bronx River Parkway, taking a tactical position with his vehicle behind the suspect vehicle; and WHEREAS, a felony stop was conducted with P.O. Johnson serving as contact officer and Sgt. Siciliano as cover officer and P.O.’s Nava and Santana arrived and took up positions as backup officers; and WHEREAS, P.O. Johnson directed each suspect out of the vehicle and directed them to P.O.’s Knatz, Nava and Santana and these officers immediately searched and cuffed the suspects for safety purposes; and WHEREAS, officers separated the suspects and secured them in patrol cars and Detective Thomas arrived and assisted with the suspects, making sure they were separate from each other; and WHEREAS, Eastchester units as well as the off duty Eastchester Officer arrived on scene and the suspects were positively identified by the Eastchester Officer and they were turned over to the Eastchester Police; and WHEREAS, the suspects vehicle was later determined to have contained proceeds from burglaries in several jurisdictions and the suspects were charged with multiple burglary charges; and WHEREAS, all officers worked collectively and cohesively to locate, detain and identify three individuals whose actions impacted the residents of many communities; and WHEREAS, the Police Department Awards Committee has recommended that Police Officer Robaire Johnson, Police Officer Armando Nava and Police Officer Anthony Santana receive the Administrative Recognition Service Medal; now therefore be it RESOLVED, that the Village Board hereby award the Administrative Recognition Service Medal to Police Officer Robaire Johnson, Police Officer Armando Nava and Police Officer Anthony Santana. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding an Administrative Recognition Award to: Police Mechanic Thomas Genetzakis was approved by a unanimous vote: WHEREAS, the Scarsdale Police Department also recognizes citizens who engage in actions which assist the Police Department; and WHEREAS, when a civilian’s actions display alertness, efficiency and Village Board of Trustees 08-13-2013 P a g e | 272 dedication toward their fellow citizens, their conduct should be commended; and WHEREAS, Police Mechanic Thomas Genetzakis has been working on the Police Department’s fleet for approximately 10 years; and WHEREAS, mobile computers, digital radios, cellular data systems, mobile printers and scanners, wireless communications, license plate readers, mobile video recording systems and a maze of communications wiring, power supplies and fuses connecting it all needs to be properly installed and maintained to keep the vehicles in service and the Officers on the road; and WHEREAS, Police Mechanic Thomas Genetzakis has learned how to install and maintain all of these systems, saving the Department thousands of dollars and reduced vehicle downtime; and WHEREAS, there is a level of professionalism and pride in his work that is unparalleled and there is no job that Thomas is not willing to take on; and WHEREAS, the Police Department Awards Committee has recommended that Police Mechanic Thomas Genetzakis receive the Administrative Recognition Service Medal; now therefore be it RESOLVED, that the Village Board hereby award the Administrative Recognition Service Medal to Police Mechanic Thomas Genetzakis. ******** Mayor Steves requested that the Village Clerk put into the record of the minutes the congratulations of the Board and the Mayor to all of the recipients of the awards and recognition the Board has just adopted this evening. ******** Personnel Committee Upon motion entered by Trustee Martin, and seconded by Trustee Mark, the following resolution regarding an appointment to the Board of Architectural Review was approved by a unanimous vote: WHEREAS, the Board of Architectural Review consists of seven (7) members appointed by the Village Board of Trustees for three year terms; and Village Board of Trustees 08-13-2013 P a g e | 273 WHEREAS, Ms. Bana Choura, 63 Church Lane, was appointed to the Board of Architectural Review on April 9, 2013 to fill the unexpired term of Richard Kadin until April 6, 2015 and recently resigned from her position on said Board, resulting in a vacancy; and WHEREAS, the Village Board’s Personnel Committee recommends the appointment of Mera Faddoul, 39 Kingston Road, to fill said vacancy and serve the unexpired term of Ms. Choura on the Board of Architectural Review; now therefore be it RESOLVED, that Mera Faddoul, 39 Kingston Road is herein appointed to the Board of Architectural Review to fill the unexpired term of Bana Choura until April 6, 2015, or until such time as a successor is appointed. . ******** Other Committee Reports: None. ******** Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that one (1) written communication has been received since the last meeting:  A letter from Rapport Meyers LLP regarding a request an easement for legal access to Lot 117 located on Farragut Road. ******** Mayor Steves stated that the easement request from Rapport Meyers LLP will be taken up at a Land Use Committee meeting on September 17, 2013 at 6:30 P.M. in the Third Floor Meeting Room in Village Hall, ******** Village Board of Trustees 08-13-2013 P a g e | 274 There being no further business to come before the Board the meeting adjourned on a motion entered by Trustee Lee, seconded by Trustee Brodsky, and carried unanimously at 9:20 P.M. Donna M. Conkling Village Clerk