Board of Trustees

Village Board of Trustees 09-10-2013 P a g e | 277 THREE THOUSAND ONE HUNDRED EIGHTY-NINTH REGULAR MEETING Rutherford Hall Village Hall September 10, 2013 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, September 10, 2013 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Eisenman, Lee, Mark, Martin, and Stern. Also present were Village Manager Gatta, Village Attorney Esannason, Deputy Village Manager Pappalardo, Assistants to the Village Manager Azrelyant and Goodwin, and Administrative Intern Schnabel. ******** The minutes of the Board of Trustees Limited Agenda Meeting of August 27, 2013 were approved as amended on a motion entered by Trustee Mark, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Martin stated that he had audited the Abstract of Claims dated September 10, 2013 in the amount of $1,107,122.06 which includes $12,394.27 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 Martin and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated September 10, 2013 in the amount of $1,107,122.06 is hereby approved. Trustee Martin further stated that payment of bills made in advance of a Board of Trustees audit totaling $103,598.48 were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Martin and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $103,598.48 is hereby ratified. Village Board of Trustees 09-10-2013 P a g e | 278 ******** Mayors Comments Mayor Steves stated that the Library’s Book Sale continues and that the Library will be open tomorrow evening until 8:00 P.M., Thursday evening until 5:00 P.M., Friday until 4:30 P.M., there is no sale on Saturday, and the Blowout Sale is on Sunday from 11:00 A.M. until 4:00 P.M. This is a major fundraiser for the Friends of the Library, who do very good work. He encouraged the community’s participation, noting that it is a great way to buy a book or other medium. Before the Village Board meeting this evening, the Board met on two issues. One was a topic that the Board had met on before regarding a Preservation Fund which will be funded under State Law with a tax on the sale of property. This is part and parcel of the Board’s efforts on dealing with land use issues. Mayor Steves stated that the other meeting was preliminary discussion on the budget. The Board recognizes that the budget is becoming increasingly more complicated with the 2% Cap and other restrictions on revenues. The Board invites the public to attend these meetings for their input on the budget. In regard to the discussion on a Preservation Fund as part of the Board’s land use effort held this evening, Mayor Steves stated that this Board, as many Boards in the past has embarked on an effort to make itself smarter in regard to what the land use process is in the Village and to consider seriously the views of all the citizens who have expressed themselves about development and character in the community and other land use issues. He urged the public to stay involved and to understand that in opening up a topic like this there are expectations created that may not or cannot be met. However, this is a very honest effort on the part of the Board to be sensitive to this complex issue. ******** Manager’s Comments None. ******** Public Comments Robert Harrison, 65 Fox Meadow Road, noted that he and his wife had taken a trip to China for two weeks. He complimented the Board on the meeting held earlier this evening concerning the discussion on the open space preservation fund. Village Board of Trustees 09-10-2013 P a g e | 279 Mr. Harrison noted that he was amazed at the number of books available at the Library Book Sale, mentioned earlier by the Mayor. He also urged residents to visit the Book Sale before it is over. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Municipal Services Committee Trustee Eisenman requested a motion to set a public hearing to be held in Rutherford Hall in Village Hall on Tuesday, September 24, 2013 at 8:00 pm in Rutherford Hall in the Village of Scarsdale to determine the number of taxicabs to be licensed in Scarsdale in 2014, pursuant to Section 272-3 of the Village Code. Said motion was so moved by Trustee Mark, and seconded by Trustee Brodsky and approved by a unanimous vote. ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding Rejection of Bids for VM Contract #1158 – Electrical Contracting Service was approved by the vote indicated below: WHEREAS, the Village’s current contract for electrical services for all Village facilities recently expired and as such Village staff prepared bid specifications for VM Contract #1158, providing for electrical services on a time and materials basis for a two-year term, with an option to renew for three additional one-year periods, at the sole option of the Village; and WHEREAS, after the two-year contract term expires and should the Village exercise its renewal option, the contractor may adjust their rates based on certain federal and State indices; and WHEREAS, on June 28, 2013, the Village advertised for the receipt of bids under VM Contract #1158 – Electrical Contracting Services and notified five electrical contractors and on the bid opening date of July 23, 2013, four bids were received with the apparent lowest bid received by Nick’s Electrical Services Inc., 774 Post Road, Scarsdale, NY 10583; and WHEREAS, during the bid opening it was discovered that three of the four bids received, including the bid from Nick’s Electrical Services Inc., did not include the required bid deposit in accordance with the contract documents; and Village Board of Trustees 09-10-2013 P a g e | 280 WHEREAS, upon further review of the contract and bids, staff determined that the specifications regarding the bid deposit requirement, hourly rate submittal form and contract award methodology were somewhat ambiguous which was confirmed through discussions with the bidders; and WHEREAS, after consulting with the Village Attorney, Village staff determined that it was in the best interest of the Village and the bidders to reject all bids for VM Contract #1158 – Electrical Contracting Services, redraft the aforementioned sections of the specifications for clarity and rebid the contract; now therefore be it RESOLVED, that the Village Board of Trustees, pursuant to Section 103 of the New York State General Municipal Law and Chapter 57 of the Village Code, hereby rejects all bids for VM Contract #1158 – Electrical Contracting Services; and be it further RESOLVED, that the Village Manager is herein authorized to re-bid and re- advertise for electrical services in accordance with the New York State General Municipal Law. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution to award VM Contract #1160 – Furnish and Deliver Street I.D. and Maintenance Materials was approved by the vote indicated below: WHEREAS, in Fiscal Year 03/04 the Department of Public Works purchased a graphic design system to improve the quality and quantity of street name and regulatory signs fabricated by Village personnel; and WHEREAS, over the past several years, the Village has awarded VM Contracts to procure necessary supplies for the sign machine, including; sheeting, aluminum blanks, posts, electrocute film and sign faces as well as street marking/lining paint and stencils; and WHEREAS, $20,000 has been appropriated in the FY 2013/14 General Fund DPW Highway Budget for this purpose; and Village Board of Trustees 09-10-2013 P a g e | 281 WHEREAS, the existing two year VM Contract for this purpose expires on September 13, 2013 and as such, Village staff prepared VM Contract #1160 – Furnish and Deliver Street ID & Street Maintenance Materials, said contract separated into two proposals: Proposal A – Materials; and Proposal B – Film, Sheeting, Stencils and Sign Faces, with a contract term of three (3) years; and WHEREAS, on August 9, 2013 the Village Manager reports that he publicly advertised for the receipt of bids for VM Contract # 1160 – Furnish and Deliver Street ID & Street Maintenance Materials and sent proposals to three vendors and placed the bid notice online with Bidnet; and WHEREAS, pursuant to the terms of the VM Contract, the Village retains the right, in its best interest, to award the contract on a lump sum basis or unit price basis based on the lowest responsible bid for each bid item; and WHEREAS, on the bid opening date of September 3, 2013, two (2) sealed bids were opened with the lowest responsible bid for Proposal A and Proposal B from Vulcan Signs, 408 East Berry Avenue, Foley, Alabama 36535; and WHEREAS, the Village contacted the vendor to review the contract and he is confident in providing the materials at the subject unit prices; now therefore be it RESOLVED, that Proposal A and Proposal B of VM #1160 – Furnish and Deliver Street ID and Street Maintenance Materials, be awarded to Vulcan Signs, PO Box 1850, Foley, Alabama 36536 for the unit bid prices identified in the bid tabulation sheet, attached hereto and made a part hereof, not to exceed budget appropriations; and be it further RESOLVED, that the Village Manager is hereby authorized to execute said VM Contract #1160 on behalf of the Village of Scarsdale with Vulcan Signs, PO Box 1850, Foley, Alabama 36536; and be it further RESOLVED, that during Fiscal Year 2013/14, costs associated with VM Contract # 1160 – Furnish and Deliver Street ID & Street Maintenance be charged to DPW Operating Budget Account # A-1490-HWY-STMNT-400-468 not to exceed budgeted appropriations; and be it further RESOLVED, that the costs for the second and third years of VM Contract #1160 – Furnish and Deliver Street ID & Street Maintenance Materials, be charged to the appropriate account(s), subject to the Village Board of Trustees 09-10-2013 P a g e | 282 provision of adequate appropriations in the Village Fiscal Year 2014/15 and 2015/16 Budgets; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake all administrative acts pursuant to the agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Mayor Steves remarked on the above resolution, stating that this is a cost saving enterprise on the part of the Village. This also includes the “Do Not Idle” signs that are outside the schools and he urged people who are picking up and dropping off children to pay close attention to those new signs. ******** Police Commissioner Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding an Authorization to Execute an Intermunicipal Agreement with Westchester County for Prisoner Transportation was approved by the vote indicated below: WHEREAS, the Village of Scarsdale is party to an Intermunicipal Agreement with Westchester County providing transportation by the Village of Scarsdale Police Department, between the Village of Scarsdale and the Westchester County Department of Correction, of prisoners remanded to the Westchester County Jail, and WHEREAS, Westchester County reimburses the Village for the cost of prisoner transportation, based upon established reimbursement rates per roundtrip, including an additional reimbursement for prisoner meals, and WHEREAS, Westchester County recently proffered a new Prisoner Transportation Intermunicipal Agreement to the Village of Scarsdale, and WHEREAS, the term of the new Intermunicipal Agreement is for two (2) years, commencing January 1, 2013 and ending December 31, Village Board of Trustees 09-10-2013 P a g e | 283 2014 with the option of the County to terminate the agreement upon thirty (30) days written notice, and WHEREAS, in accordance with the terms of the new agreement, Westchester County will reimburse the Village of Scarsdale at a rate of $191.92 for calendar year 2013 and $197.68 for calendar year 2014, plus $.565 or the prevailing IRS mileage rate at the time, per mile, for each prisoner roundtrip transport, and WHEREAS, the Chief of Police, in accordance with the attached memorandum, has recommended that the Village of Scarsdale participate in the Prisoner Transportation arrangement through the execution of the attached Intermunicipal Agreement, attached hereto and made a part hereof; now therefore, be it RESOLVED, that the Board of Trustees hereby authorizes the Village Manager to execute the Prisoner Transportation Reimbursement Intermunicipal Agreement on behalf of the Village of Scarsdale with Westchester County, in substantially the same form as attached hereto; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake any administrative acts required under the terms of the agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Personnel Committee Upon motion entered by Trustee Martin, and seconded by Trustee Mark, the following resolution regarding authorization to execute a Collective Bargaining Agreement with Local 1394 of the Uniformed Firefighters Association of Scarsdale was approved by the vote indicated below: WHEREAS, the Village of Scarsdale (“Village”) and Local 1394 of the Uniformed Firefighters Association of Scarsdale (“UFFA”) are parties to a Collective Bargaining Agreement (“CBA”) that expired on May 31, 2013; and Village Board of Trustees 09-10-2013 P a g e | 284 WHEREAS, changes to the terms and conditions of employment were agreed upon by the parties and placed in the form of a Memorandum of Agreement dated September 5, 2013; and WHEREAS, the membership of the UFFA approved the terms and conditions contained in the Memorandum of Agreement; and WHEREAS, the Memorandum of Agreement between the Village and the UFFA regarding the terms and conditions of employment for the period June 1, 2013 through and including May 31, 2017 is being presented for approval by the Village of Scarsdale Board of Trustees; now therefore be it RESOLVED, that the attached Memorandum of Agreement between the Village of Scarsdale and the UFFA dated September 5, 2013 regarding the terms and conditions of employment for the period June 1, 2013 through and including May 31, 2017 is hereby approved; and be it further RESOLVED, that the Village Manager and Human Resources Director are hereby authorized to execute a Collective Bargaining Agreement for the period June 1, 2013 through and including May 31, 2017 between the Village of Scarsdale and the UFFA incorporating the terms and conditions of said Memorandum of Agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Recreation Committee Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution regarding Change Order #5 – VM Contract #1082 – Grounds Maintenance was approved by the vote indicated below: WHEREAS, the Village Board of Trustees awarded VM Contract #1082 – Grounds Maintenance to Tony Casale Inc., 1185 Saw Mill River Road, Yonkers, NY. 10710, at its January 12, 2010 meeting (attached) for a total cost of $71,860 for a two year contract commencing March 2010 and expiring March 2012; and Village Board of Trustees 09-10-2013 P a g e | 285 WHEREAS, the contract includes lawn mowing, fall and spring cleanup, over seeding, aerating and other landscaping tasks for thirty-two (32) Village properties; and WHEREAS, the contract specifications allow for the renewal of the contract for three additional one year periods subject to the availability of adequate budget appropriations. These annual renewals provide for contract increases equal to the Consumer Price Index (CPI) for All Urban Consumers in New York–Northern New Jersey– Long Island measured from January 1 – December 31, provided all other contract terms and conditions are unchanged; and WHEREAS, via resolution dated March 13, 2012 (attached), the Village Board approved the first renewal option covering the period of March 2012 – March 2013 as well as Change Order #1 at a total cost of $86,037 ($73,872 for the renewal including the CPI increase and $12,165 for Change Order #1) and authorized the Village Manager to renew the contract for the two remaining additional one year periods; and WHEREAS, Change Order #1 involved adding the Public Safety Building, 140 Tompkins Road, to the contract as well as 3 Edgewood Road, pursuant to a property maintenance violation, with the costs associated with the 3 Edgewood Road property added to the property owner’s tax bill as a lien on the property; and WHEREAS, via resolution dated December 13, 2011 (attached), the Village Board endorsed and encouraged all residents to practice leaf mulching techniques on their properties and authorized the implementation of leaf mulching for the fall 2012 leaf season at the Village-owned Chase and de Lima Parks; and WHEREAS, Change Order #2 was a no-cost change order for the contractor to implement leaf mulching techniques at Chase and de Lima Parks and as a result of the noticeable benefits of leaf mulching at these locations, the Village negotiated another no-cost change order (Change Order #3) to provide for leaf mulching at all of the facilities included in the contract for the fall 2013 leaf season; and WHEREAS, as the Village proceeded with the foreclosure of the 3 Edgewood Road property through the In Rem process; the likelihood of reimbursement of grounds maintenance costs from the property owner diminished, so the Village removed the property from the contract through Change Order #4 decreasing the contract by $1,644.98 with the grounds maintenance on the property currently performed by Department of Public Works crews; and Village Board of Trustees 09-10-2013 P a g e | 286 WHEREAS, on March 5, 2013, the Village Manager exercised the second one- year renewal option covering the period of March 2013 – March 2014 at a total cost of $84,392.02 (attached); and WHEREAS, due to the change of work relative to the implementation of fall leaf mulching techniques and the belief that this change may result in savings, Village staff plans to re-bid the contract and not exercise the third and final contract renewal option; and WHEREAS, in July 2013, the Village completed the George Field Park segment of the South Fox Meadow Stormwater Improvement Project, with said project changing the landscape by adding additional areas for mowing and grounds maintenance; and WHEREAS, Tony Casale Inc. requested and Village staff negotiated Change Order #5 (attached) at a total cost of $1,800 for the additional grounds maintenance work at George Field Park which entails an initial clean-up (weeding by hand due to overgrowth and mowing) and weekly mowing services for the additional areas for the months of August, September and October 2013; and WHEREAS, the total cost for Change Order #5 is $1,800 resulting in a revised contract amount of $86,192.02 with an aggregate contract change order cost of $12,320.02; and WHEREAS, Section 2.9 (A) of the Village Internal Control Policy requires that the Board of Trustees approve change orders exceeding $10,000 in the aggregate, for contracts less than $100,000; now therefore be it RESOLVED, that in accordance with Section 2.9 (A) of the Village Internal Control Policy, the Village Manager is herein authorized to approve Change Order #5 for VM Contract #1082 – Grounds Maintenance with Tony Casale Inc., in the amount of $1,800; and be it further RESOLVED, that sufficient funds are available in the FY 2013/2014 Department of Parks, Recreation and Conservation operating budget accounts for this additional expenditure. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves Village Board of Trustees 09-10-2013 P a g e | 287 ******** Mayor Steves noted the success of the leaf mulching program. The Village has been successful implementing the program and the Village has, on numerous occasions encouraged homeowners to try the same methods themselves or request their gardener to do so. Trustee Eisenman also noted that the Scarsdale Friends of the Parks were instrumental in the project in Chase Park along with help from the Village. ******** Other Committee Reports: None. ******** Liaison Reports None. ******** Written Communications Assistant to the Village Manager Goodwin reported that one (1) written communication has been received since the last meeting:  A letter from Stephen Oder, Frederick S. Fish Investment Company, requesting a zoning change with respect to the 2-4 Weaver Street Project. ******** Mayor Steves stated that the above request by Frederick S. Fish Investment Company has been referred to the Land Use Committee. A meeting will be held on October 1, 2013 at 7:00 P.M. in Village Hall. ******** There being no further business to come before the Board the meeting adjourned on a motion entered by Trustee Martin, seconded by Trustee Eisenman, and carried unanimously at 8:27 P.M. Donna M. Conkling Village Clerk