Board of Trustees

Village Board of Trustees 10 -08-2013 P a g e | 304 THREE THOUSAND ONE HUNDRED NINETIETH REGULAR MEETING Rutherford Hall Village Hall October 8, 2013 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, October 8, 2013 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Eisenman, Lee, Mark, Martin, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Treasurer McClure, Assistants to the Village Manager Azrelyant and Goodwin, and Administrative Intern Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of September 24, 2013 were approved as amended on a motion entered by Trustee Mark, seconded by Trustee Martin, and carried unanimously. ******** Bills & Payroll Trustee Brodsky stated that she had audited the Abstract of Claims dated October 8, 2013 in the amount of $483,866.57 which includes $32,275.49 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Brodsky and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated October 8, 2013 in the amount of $483,866.57 is hereby approved. Trustee Brodsky further stated that payment of bills made in advance of a Board of Trustees audit totaling $126,580.41 were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Brodsky 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 $126,580.41 is hereby ratified. Village Board of Trustees 10 -08-2013 P a g e | 305 ******** Mayors Comments Mayor Steves stated that on Friday evening he had the pleasure of attending the 75th Anniversary Dinner Dance for Fire Company #3. The Village has three Volunteer Fire Companies that augment the professional firefighters that serve the Village. He expressed the thanks of the Village and the Board for the work that not only Fire Company #3 has provided to the Village, but for all the volunteer firefighters, men and women, who serve this community selflessly. It’s not just the fires they go to, it’s the training and the time commitment and the availability that they make of themselves for this. Mayor Steves extended the sincere appreciation of the community to them; particularly to Fire Company #3. Mayor Steves stated that the Board met this evening at 6: 00 P.M. with representatives of Con Edison. This is the second meeting that the Board has held with Con Edison since the Sandy storm event. In the interim, between these two meetings, there have been several meetings between Con Edison and the professional staff of the Village with respect to some major issues that were identified during the storm. Mayor Steves categorized the meeting held today as productive and the reports and representations of the interim meetings held with staff as productive also. The Village now has a map of the grid which was not available before Sandy. It was made available to the Village quickly after the first meeting. The issues surrounding the appointment and identification of municipal liaison officers have been solved. The commitment on the part of Con Edison to continue to storm-harden their infrastructure; to look at placing wires underground, although that is ‘far-off’ in the future and not a major priority of this meeting. Storm-hardening the infrastructure will avoid massive shutdowns. Mayor Steves continued, stating that this will be an ongoing dialogue with Con Edison. The delivery of electric and gas to the Village is an essential issue for the Village. He noted that the Village also reached out to the Neighborhood Associations to provide any questions they may have for Con Edison, and the Board was able to share those questions with them at the meeting. There had been some recent outages in Greenacres and they were able to discuss how these would be dealt with going forward. Mayor Steves stated that the meeting with Con Edison was both productive and constructive. ******** Manager’s Comments None. ******** Public Comments Village Board of Trustees 10 -08-2013 P a g e | 306 Martin Kaufman, 322 Heathcote Road, inquired about the resolution on the agenda under the Land Use Committee for a Public Hearing on a Local Law amending the zoning map. He wanted to know if there would be a substantive discussion this evening regarding this matter. Trustee Mark responded that the purpose of this resolution is to schedule a Public Hearing on this matter for the next Board meeting on October 22, 2013. Mr. Kaufman also stated that there were no copies of the agenda available for the public on the table outside of Rutherford Hall and asked that they be made available in the future. Trustee Mark thanked Mr. Kaufman for his advisement and assured him that copies of the agenda will be made available. Robert Harrison, 65 Fox Meadow Road, remarked on the minutes of the last meeting of the Board of Trustees of his public comment, stating that the minutes did not mention that he complimented the Southern Westchester Food and Wine Festival, which was very well attended and very well run. He stated that he had suggested that an event like that should make some contribution to our Scarsdale charities, specifically mentioning the Scarsdale Teen Center and the Scarsdale Edgemont Family Counseling Service. Those comments were not included in the minutes. Speaking as the Director of the Scarsdale Chapter of the New York Junior Tennis and Learning Organization, which used to be called the New York Junior Tennis League, Mr. Harrison stated that the term League was changed to Learning was added because the organization has tremendous programs, particularly throughout the city where they do tutoring of students after school as well as teaching tennis to over 100,000 children throughout the five boroughs of New York City. He noted that he has been involved with the Scarsdale Chapter of the New York Junior Tennis and Learning organization for 29 years. He wanted to call to the attention of the community that they are going to hold a Tennis Festival this coming Monday on Columbus Day. October 14th. School is closed on this day. This is targeted towards elementary school students from Kindergarten to Fifth Grade in Scarsdale’s five elementary schools. This event will be held in Crotona Park in the Bronx. Crotona Park has 20 beautiful tennis courts, a modern air conditioned clubhouse for the children to use the facilities. Registration for this event will begin at 10:00 a.m. and is being hosted by PepsiCo. PepsiCo will be providing free food and beverages with carnival activities. Besides the tennis activities they will be providing other types of games. There will be over 500 pumpkins there for pumpkin picking. Crafts, face painting, a reading village, and music will also be available. Mr. Harrison stated that the organization would like to encourage the elementary students from Scarsdale to join in this Tennis Festival. It is the first time that the New York Junior Tennis and Learning Organization is holding this event. They anticipate 400-500 student attendees, and he hopes to have a share of Scarsdale students attending the event. There will be tennis teams, a fun tennis tournament with ten children per team and there will be prizes for the winning teams. There will also be gifts and tee shirts giveaways to all participants. He urged the youth and parents of Scarsdale to contact him; Village Board of Trustees 10 -08-2013 P a g e | 307 there will be information in the Scarsdale Inquirer this Friday and on www.Scarsdale10583.com. He can be contact at 914-725-0962 or on his cell phone at 914-646-4054, or via email at proscars@aol.com. Mr. Harrison also noted that the Recreation Department, having worked with the New York Junior Tennis and Learning Organization for 29 years, has earned a USTA grant for short court tennis. The USTA is trying to build interest in young children by using a short court, making it easier for young children to play. Mr. Harrison stated that at Crotona Park in the Bronx there was a groundbreaking ceremony for a flagship home for tennis and education. It is going to be named the Carrie Leeds Center for Tennis and Learning. A capital campaign was held where $10 million of the $12 million was raised. Billie Jean King and the Women’s Tennis Foundation has made a $500,000 contribution to this. Carrie Leeds had played doubles tennis for the United States and unfortunately passed away at a young age. Again, he stated that he hoped that there will be a good turnout from the Scarsdale youth and requested that anyone interested contact him. Gregory Soldatenko, 9 Lenox Place, stated that both he and his wife are both long term residents of Scarsdale, and active members of the Westchester Reform Temple. He stated that they would like the Board to reconsider their request for a non exclusive easement at Lot 117 on Farragut Road for an area that is already being used by the general public. He and his wife presented their exhibits to the Board. Mr. Soldatenko stated that the area they are requesting the easement for is an extremely small area of roadway that is already paved – 101 sq. ft. He asked how many of the Trustees are attorneys. Mayor Steves responded that he did not think that question was relevant to the presentation. Mr. Soldatenko continued, speaking to the Conservation Advisory Council’s (CAC) Open Space Map, noting that his property is erroneously displayed on the map as having open space restrictions. He stated that after doing some research, he found that the CAC completed its study of all open space in 1999 and 2000 and each parcel was researched and visited by members of the CAC. The property is incorrectly shown as being one acre in size and having open space restrictions. He stated that none of his properties belong on the open space map and that this map makes no provisions for partial restrictions. Mr. Soldatenko continued, claiming that members of the CAC are continuing their effort to steal his property. They are using this map to spread rumors and lies that his land was donated to the Village. The CAC stirred up opposition to his application. A member of the CAC calls the piece of property with his house on it a prime piece of open space, needing the protection of the Village. These rumors are spread all over the internet, the Scarsdale community, and our neighborhood as news. He questioned how any portion of his property showed up on a map of Scarsdale parks. Village Board of Trustees 10 -08-2013 P a g e | 308 He urged the Board to grant them the easement for their property. He stated that by not doing so, the Board will be perpetuating mistakes by not doing the right thing. Mr. Soldatenko then made a claim that Trustee Eisenman had a conflict of interest on this easement issue because of her prior position as Chair of the CAC and her involvement with the development of the Open Space Map in May 2000. He further stated that she should recuse herself from any involvement with this matter. Mr. Soldatenko requested that this matter be placed on the agenda of the next meeting of the Land Use Committee and that his request for the easement be granted. Avital Soldatenko, 9 Lenox Place, introduced herself as Gregory Soldatenko’s wife, and stated that they are long time residents of Scarsdale and are entitled to the same protection as the other members of the community. She and her husband have a very simple and straightforward request for a non exclusive easement over a 101 sq. ft. area of roadway which is already open to the public. It is routinely used by nonresidents of Scarsdale. It is used as a parking lot by babysitters and gardeners who park their trucks. She and her husband are the only ones who own property contiguous with this area and yet they are being denied the same use that the general public is given. She stated that she felt that their application is being treated unfairly and she respectfully requested that their application for the non exclusive easement request be placed on the next agenda of the Land Use Committee and that at that time the request be granted. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Fire Commissioner Trustee Brodsky stated that there are three Service Time Extensions on this evening’s agenda for members of the Fire Department. Under Local Law #1 of 1970, once a firefighter has served thirty (30) years, the local law requires the Board of Trustees to approve an extension. This extension should take place at least one year prior to the firefighter’s fulfillment of 30 years or more of service. Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding Service Time Extension for Fire Chief Thomas M. Cain was approved by a unanimous vote: WHEREAS, Fire Chief Thomas M. Cain of the Village Fire Department has requested a one-year extension of his service time beyond the thirty (30) year service time limit established by Local Law #1 of 1970; and WHEREAS, said local law requires the Village Board of Trustees to approve an extension at least one year prior to the firefighter completing thirty (30) or more years of service; and Village Board of Trustees 10 -08-2013 P a g e | 309 WHEREAS, Fire Chief Thomas M. Cain has been recommended for such extension by the Village Manager conditioned on his passing the necessary physical examinations provided by the Village during calendar years 2014 and 2015; and WHEREAS, it is in the best interest of the Village to grant such a one-year extension in this case; now therefore be it RESOLVED, that Fire Chief Thomas M. Cain of the Village of Scarsdale Fire Department is hereby granted a one-year extension of his service time in the Department from October 17, 2014 to October 17, 2015; and be it further RESOLVED, that such one-year extension is conditioned on Fire Chief Thomas M. Cain passing the annual physical examinations to be given in calendar years 2014 and 2015. ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding Service Time Extension for Captain Jeffrey D. Gaskin was approved by a unanimous vote: WHEREAS, Captain Jeffrey D. Gaskin of the Village Fire Department has requested an extension of his service time beyond the thirty year service time limit established by Local Law #1 of 1970; and WHEREAS, pursuant to Local Law #1 of 1970, requests for additional years of service must be made one year prior to the requested year of extension, which was not completed for the four annual periods November 19, 2010 through November 19, 2014; and WHEREAS, Captain Jeffrey D. Gaskin has been recommended for such extension by Fire Chief Thomas M. Cain conditioned on his passing the necessary physical examinations provided by the Village during calendar years 2014 and 2015; and WHEREAS, it is in the best interest of the Village to grant such one-year extensions in this case; now therefore be it RESOLVED, that Captain Jeffrey D. Gaskin of the Village of Scarsdale Fire Department is hereby granted four one-year extensions of his service time in the Department from November 19, 2010 to November 19, 2014 retroactively, and from November 19, 2014 to November 19, 2015; and be it further Village Board of Trustees 10 -08-2013 P a g e | 310 RESOLVED, that such one-year extensions are conditioned on Captain Jeffrey D. Gaskin passing the annual physical examinations to be given in Calendar Year 2014 and 2015. ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding Service Time Extension for Firefighter William M. Ciraco was approved by a unanimous vote: WHEREAS, Firefighter William M. Ciraco of the Village Fire Department has requested a one-year extension of his service time beyond the thirty (30) year service time limit established by Local Law #1 of 1970; and WHEREAS, said local law requires the Village Board of Trustees to approve an extension at least one year prior to the firefighter completing thirty (30) or more years of service; and WHEREAS, Firefighter William M. Ciraco has been recommended for such extension by Fire Chief Thomas M. Cain conditioned on his passing the necessary physical examinations provided by the Village during calendar years 2014 and 2015; and WHEREAS, it is in the best interest of the Village to grant such a one-year extension in this case; now therefore be it RESOLVED, that Firefighter William M. Ciraco of the Village of Scarsdale Fire Department is hereby granted a one-year extension of his service time in the Department from November 1, 2014 to November 1, 2015; and be it further RESOLVED, that such one-year extension is conditioned on Firefighter William M. Ciraco passing the annual physical examinations to be given in calendar years 2014 and 2015. ******** Land Use Committee Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution to schedule a Public Hearing on a Local Law Amending the Zoning Map of the Village of Scarsdale was approved by a unanimous vote: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Tuesday, October 22, 2013, at 8:00 pm on a Village Board of Trustees 10 -08-2013 P a g e | 311 proposed amendment to the Zoning Map of the Village of Scarsdale, which rezones Village owned property adjacent to 2-4 Weaver Street from Buffer Parking and Resident A-3 to Business A. Such rezoning conforms with the current use of the property and with the use of the adjacent parcel; and be it further RESOLVED, that the Village Clerk is directed to advertise said Public Hearing and notify all abutting jurisdictions and Westchester County Department of Planning. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution to award VM Contract #1162 – Furnish and Deliver One Dump Body with Swap Loader Frame was approved by the vote indicated below: WHEREAS, the Village owns a swap loader truck with a fixed chassis which provides the Public Works Department the flexibility of interchanging different truck body uses depending on the operation; and WHEREAS, in order to capitalize further on the efficiency of this swap loader truck rather than purchasing a single use dump truck, staff developed VM Contract# 1162 – Furnish and Deliver One Dump Body with Swap Loader Frame to purchase a dump body and accompanying frame that can be attached to the swap loader truck; and WHEREAS, on the bid opening date of September 10, 2013, four sealed bids were received, one of which did not include a proposal; and WHEREAS, after reviewing the bids, staff determined that the two lowest responders did not meet contract specifications, with one bidder failing to submit the required bid deposit and the other failing to comply with the technical specifications relative to the swap loader frame; and WHEREAS, the lowest responsible bidder meeting all contract specifications was received from Trius, Inc. 458 Johnson Road, P.O. Box 158, Bohemia, NY 11716, at a lump sum bid of $15,683.00; and WHEREAS, the Village has purchased public works equipment from Trius, Inc. in the past and having been very satisfied with the equipment and service provided; now therefore be it RESOLVED, that VM Contract #1162 - Furnish and Deliver One Dump Village Board of Trustees 10 -08-2013 P a g e | 312 Body with Swap Loader Frame, be awarded to the lowest responsible bidder Trius, Inc. 458 Johnson Road, P.O. Box 158, Bohemia, NY 11716, at the lump sum price of $15,683.00; and be it further RESOLVED, that the cost of same be charged to Capital Budget Account # H-5197-963 2014-052 DPW Highway Equipment and Vehicles; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1162 on behalf of the Village of Scarsdale with said Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716, and undertake all administrative acts as may be required under the terms of the contract. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Recreation Committee Upon motion entered by Trustee Lee, and seconded by Trustee Mark, the following resolution regarding Supply Field Building Use for Scarsdale Teen Center Halloween Event was approved by the vote indicated below: WHEREAS, the Scarsdale Teen Center, a nonprofit organization whose mission is to provide teens with fun, safe and substance-free activities, is planning their third annual Halloween haunted house event and has requested the use of Supply Field building at 244 Heathcote Road in order to continue offering regular teen programming at the Teen Center at 862 Scarsdale Avenue; and WHEREAS, the haunted house event will be held on the second floor of the Supply Field building on nine Friday, Saturday and Sunday evenings from October 18, 2013 to November 2, 2013 as well as Halloween night; and WHEREAS, the Village would allow access to the second floor storage area of the Supply Field building in conjunction with the event from October 9, 2013 to November 15, 2013 in order for the Teen Center volunteers and the event vendor, Fright Room Village Board of Trustees 10 -08-2013 P a g e | 313 Productions, to erect and disassemble the haunted house and props; and WHEREAS, the Teen Center has also requested use of the parking area in front of the Supply Field Building to set up two or three carnival game trailers through a private vendor to entertain people waiting in line for access to the haunted house; said wait time averaging 25-30 minutes during last year’s event; and WHEREAS, upon discussion with the Teen Center Executive Director regarding Village staff concerns about the potential adverse neighborhood impacts relative to noise, light spillage and potential disorderly conduct as well as pedestrian/vehicular conflicts, staff agreed to a trial period allowing for the carnival games for the initial three days of the event (October 18,19 and 20),with the balance decided after further discussion between the parties based on observations and experience; and WHEREAS, Village Recreation Department supervisory staff will be onsite during the event hours to oversee the operation, safeguard the building and represent the Village, with all overtime costs for said supervision, and any other Village staff deemed necessary, reimbursed by the Teen Center; now therefore be it RESOLVED, that the Village Board of Trustees herein approves the use of the Supply Field Building at 244 Heathcote Road, by the Scarsdale Teen Center in conjunction with their annual haunted house event during the period of October 9, 2013 through November 15, 2013, during the hours specified in the event schedule and as needed for the preparation and disassembling of the haunted house and props; and be it further RESOLVED, that the Scarsdale Teen Center may set up two or three carnival game trailers through their vendor, in front of the Supply Field Building for a trial period on October 18, 19 and 20, 2013 with the continuation of the trailers for the balance of the scheduled event days determined by the Village Manager based on observations and experience during the trial period; and be it further RESOLVED, that the Scarsdale Teen Center will indemnify and hold harmless the Village of Scarsdale in all actions, claims, judgments, costs or expenses arising from the haunted house event; and be it further RESOLVED, that the Scarsdale Teen Center shall provide the Village with a certificate of liability insurance naming the Village as an additional insured, at limits approved by the Village Attorney, and add the Village as an additional insured to the insurance certificates Village Board of Trustees 10 -08-2013 P a g e | 314 provided by both the haunted house and carnival game vendors; and be it further RESOLVED, that the Scarsdale Teen Center will reimburse the Village for all staff costs associated with the haunted house event at the Supply Field building. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications Assistant to the Village Manager Goodwin reported that one (1) written communication had been received from Richard Fontana, 14 Gorham Road, in opposition to a Real Estate Land Preservation Tax in relation to the Open Space Preservation Fund. ******** There being no further business to come before the Board, the meeting adjourned at 8:40 P.M. Donna M. Conkling Village Clerk