Board of Trustees

Village Board of Trustees 11-12-2014 P a g e | 346 THREE THOUSAND TWO HUNDRED EIGHTEENTH REGULAR MEETING Rutherford Hall Village Hall November 12, 2014 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Wednesday, November 12, 2014 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Lee, Pekarek, and Samwick. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Treasurer McClure, and Assistants to the Village Manager Scelza and Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of October 28, 2014 were approved on a motion entered by Mayor Steves, seconded by Trustee Lee, and carried unanimously. ******** Bills & Payroll Trustee Lee reported that he had audited the Abstract of Claims dated November 12, 2014 in the amount of $270,777.85 which includes $13,128.99 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 Brodsky, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated November 12, 2014 in the amount of $270,777.85 is hereby approved. Trustee Lee further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $1,838,544.40 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 Samwick, the following resolution was adopted unanimously: Village Board of Trustees 11-12-2014 P a g e | 347 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $1,838,544.40 is hereby ratified. ******** Mayors Comments Mayor Steves stated that he had the privilege yesterday of participating with American Legion Post 52 in the Veteran’s Day ceremony both in the Village, placing the wreath at Boniface Circle and out at the Veteran’s Memorial Park on Mamaroneck Road. He expressed on behalf of the Village sincere thanks for the efforts of Post 52, not only in keeping up Memorial Park, but to keep fresh in our minds the service of the Veterans on behalf of this Country. Two leaf mulching demonstrations are upcoming on Saturday, November 15th at 3:00 P.M. and Sunday, November 16th at 3:00 P.M. The demonstrations will be held at Chase Park. The demonstrations will be filmed for airing on the Village’s cable television channel. Mayor Steves urged the community to take advantage of either the live demonstration or to watch it on cable television. There is also a survey located on the Village’s website, www.scarsdale.com, seeking individual views on the proposed mulching resolution. He noted that he would like to clarify the direction the Village is taking regarding this issue. The Board was presented a resolution by staff that it has tabled for Committee in order to hear from the public. This resolution provided for some changes in the way that the Village will handle mulching. It is not, however, a fait accompli in the sense that it was done to generate interest and input from the community. The Village is making a broad effort to seek community input on this issue. On November 25th at 6:00 P.M. there will be an open public hearing on the issue. The main thing that the Board wants is community input on this very important topic. ******** Manager’s Comments None. ******** Public Comments As there were no comment offered by the public, Mayor Steves closed the public comments portion of the meeting. ******** Village Board of Trustees 11-12-2014 P a g e | 348 Finance Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Adopting Internal Control Policy for 2015 was adopted by the vote indicated below: WHEREAS, New York State General Municipal Law (GML) Section 104-b requires the Village Board to review its procurement policies and procedures on an annual basis; and WHEREAS, the Village Board last reviewed and adopted the Internal Control Policy, Policy #201 of the Village of Scarsdale Administrative Policies & Procedures Manual, on November 12, 2013, pursuant to GML Section 104-b(4) of the General Municipal Law; and WHEREAS, staff reviewed and discussed the Internal Control Policy and does not recommend any changes to the existing policy; now therefore be it RESOLVED, that the Internal Control Policy be adopted in accordance with the attached November 12, 2014 document, hereto referred to as “Internal Control, Policy # 201, November 12, 2014”. AYES NAYS ABSENT Trustee Brodsky None Trustee Martin Trustee Lee Trustee Stern Trustee Pekarek Trustee Samwick Mayor Steves ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Adopting Village Investment Policy for 2015 was adopted by the vote indicated below: WHEREAS, the Village’s Investment Policy provides that the Finance Committee of the Village Board, acting as an Investment Committee shall, at least annually, formulate a written investment program and submit same to the Village Board for approval; and WHEREAS, the Village Board last reviewed and adopted the Investment Policy, Policy # 501 of the Village of Scarsdale Administrative Policies & Procedures Manual, on November 12, 2013; and Village Board of Trustees 11-12-2014 P a g e | 349 WHEREAS, recognizing the importance of the Village’s Investment Policy, Village staff on an annual basis will continue reviewing said policy and recommend any proposed modifications to the Village Board for consideration; now therefore be it RESOLVED, that the Investment Policy be adopted in accordance with the attached November 12, 2014 document, hereto referred to as “Investment of Village Monies, Policy # 501”. AYES NAYS ABSENT Trustee Brodsky None Trustee Martin Trustee Lee Trustee Stern Trustee Pekarek Trustee Samwick Mayor Steves ******** Land Use Committee Upon motion entered by Trustee Lee, and seconded by Trustee Brodsky, the following resolution regarding a Professional Service Agreement to Advise the Planning Board on a Proposed Zoning Code Amendment Relative to Impervious Surfaces was adopted by the vote indicated below: WHEREAS, in December 2013, the Village Board requested the Planning Board to undertake a study of potential changes to the Village Zoning Code with regard to impervious surfaces, in particular, the treatment of gravel as a pervious surface for zoning purposes; and WHEREAS, an inconsistency currently exists in the Village Code whereby gravel is considered impervious for stormwater management purposes, and pervious for zoning purposes, with the pervious zoning interpretation perceived to be contributing to additional residential development; and WHEREAS, in January 2014, the Planning Board discussed the issue and supported the retention of a planning consultant to work with the Board on any potential zoning amendment, and subsequently, in April 2014, Village staff issued a Request for Proposals for planning consultant services with five proposals eventually submitted; and WHEREAS, a Review Committee (Committee), comprised of the Village Attorney, the Village Engineer and Village Planner, reviewed and tabulated the results of the proposals (attached), interviewed three of the five responding Village Board of Trustees 11-12-2014 P a g e | 350 consultant teams and herein recommends that the Village retain Frederick P. Clark Associates of Rye, N.Y. (Clark Associates) to conduct the impervious surface study and advise the Planning Board; and WHEREAS, the Committee found that Clark Associates demonstrated a comprehensive understanding of the purpose of the analysis as a relatively simple zoning study and noted Clark Associate’s extensive history and experience in performing such planning studies for the Village of Scarsdale and other similar municipalities in the metropolitan area; and WHEREAS, Clark Associates detailed the scope of work in a letter dated October 15, 2014 included in Exhibit “A” of the attached agreement which includes a fee $17,490 and a timetable of six to eight months to complete the analysis; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute a professional services agreement with Frederick P. Clark Associates, 350 Theodore Fremd Avenue, Rye, New York 10580, in substantially the form as attached hereto to provide professional consulting services to the Planning Board in conjunction with its review of the proposed amendment to the Village Code relative to impervious surfaces. AYES NAYS ABSENT Trustee Brodsky None Trustee Martin Trustee Lee Trustee Stern Trustee Pekarek Trustee Samwick Mayor Steves ******** Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding a License Agreement – 11 Dell Road – Right-of-Way Encroachment was adopted by the vote indicated below: WHEREAS, Justin and Sharon Smolkin, (hereinafter “Licensee”) are owners of a certain property known as 11 Dell Road, identified on the Village of Scarsdale Tax Map as Section 19, Block 01, Lot 330.331.B; and WHEREAS, on December 5, 2013 Building Permit # 142774 was issued to construct a new single family residence at 11 Dell Road; and Village Board of Trustees 11-12-2014 P a g e | 351 WHEREAS, upon review of the submitted construction documents the Building Department determined that as a condition to issue a final Certificate of Occupancy the Licensee would need a license agreement with the Village for the construction of a flag stone front entrance walkway within the Village right-of-way; and WHEREAS, by letter addressed to the Village Board dated October 20, 2014 (attached) Licensee requests a license agreement to encroach on Village property to construct a flag stone walkway within the Village right-of-way; and WHEREAS, the Village Engineer has inspected the encroachment and reports via memorandum dated October 22, 2014 (attached) that the construction of a flag stone walkway does not present unsafe roadway conditions, impede vehicular or pedestrian movements or safe visibility, and as such he does not oppose the issuance of a license agreement; and WHEREAS, the Village is desirous of accommodating the Licensee by granting a revocable license agreement to permit the walkway encroachment in the Village right-of-way, in accordance with the plan, reviewed and approved by the Village Engineer, as prepared by Gabriel E. Senor, P.C. dated October 7, 2014, and attached as Exhibit “A” of said License Agreement, attached hereto and made a part hereof; and WHEREAS, 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 Justin and Sharon Smolkin, 11 Dell Road, Scarsdale N.Y. 10583, to construct a flagstone walkway located within the Village right-of-way in accordance with the October 7, 2014 plan, as prepared by Gabriel E. Senor, P.C. and 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 Village Board of Trustees 11-12-2014 P a g e | 352 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 expenses arising from said installation and maintenance of said encroachments; and be it further RESOLVED, that 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 2014-15 Village-Wide Fees and Charges Schedule. AYES NAYS ABSENT Trustee Brodsky None Trustee Martin Trustee Lee Trustee Stern Trustee Pekarek Trustee Samwick Mayor Steves ******** Personnel Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding Service Time Extension for Captain Jeffrey D. Gaskin was adopted 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, said local law requires Village Board of Trustees approval of an extension at least one year prior to the firefighter completing thirty (30) or more years of service; 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 2015 and 2016; and WHEREAS: it is in the best interest of the Village to grant such one-year extension in this case; now therefore be it Village Board of Trustees 11-12-2014 P a g e | 353 RESOLVED, that Captain Jeffrey D. Gaskin of the Village of Scarsdale Fire Department is hereby granted a one-year extension of his service time in the Department from November 19, 2015 to November 19, 2016; and be it further RESOLVED, that such one-year extension is conditioned on Captain Jeffrey D. Gaskin passing the annual physical examinations to be given in Calendar Year 2015 and 2016. ******** Upon motion entered by Mayor Steves, and seconded by Trustee Brodsky, the following resolution regarding the Appointment of the Chair of the Judicial Qualifications Advisory Committee was adopted by a unanimous vote: WHEREAS, the Judicial Qualifications Committee is created pursuant to Article VI of the Town Village Civic Club’s Non-Partisan Resolution, with the Committee’s functions including recommending qualified residents to the Citizens Nominating Committee for the Office of Village Justice, and assisting the Mayor in the selection of appointments to the Offices of Village and Acting Village Justice; and WHEREAS, the Committee is comprised of seven members; the respective chairs of the Democratic and Republican Town Committees and five other qualified voters of the Village, to be appointed to staggered five year terms by the Mayor with consent of the Village Board of Trustees, with one of these members also appointed as Committee Chair; and WHEREAS, all seven positions are currently filled on the Committee, however a Committee Chair has yet to be appointed; and WHEREAS, Mayor Steves has discussed the position of Chair with current Committee member Georgann M. Callaghan and she has expressed an interest and agreed to serve in this capacity if given the opportunity, now therefore be it RESOLVED, that Mayor Robert J. Steves herein appoints Georgann M. Callaghan, 49 Carman Road, Scarsdale, N.Y. as Chair to the Judicial Qualifications Committee for a term expiring April 6, 2015. ******** Recreation Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding Acceptance of a Gift – Storage Sheds for Youth Sports was adopted by a unanimous vote: Village Board of Trustees 11-12-2014 P a g e | 354 WHEREAS, pursuant to Policy #106: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; and WHEREAS, each year the Parks, Recreation and Conservation Department along with the Parks, Recreation and Conservation Advisory Council recognizes Independent Sports Organizations who are made up of community volunteers that provide youth sports programs in the community; and WHEREAS, the Parks, Recreation and Conservation Department provides these Independent Sports Organizations access to Village recreational facilities to conduct youth sports programs including storage space at the Supply Field Building to keep supplies and equipment; and WHEREAS, due to the limited amount of storage space currently available at the Supply Field Building and the athletic fields as well as the growing number of youth sport programs offered in the Village, two of the Independent Sports Organizations, Scarsdale Little League and Scarsdale Youth Lacrosse Association, wish to donate two 10 ft. x 10 ft. storage sheds to be placed at Crossway Field #3 and Boulder Brook Field for the storage of athletic equipment and field maintenance supplies; and WHEREAS, Village Public Works Facilities Maintenance crews would provide the necessary labor and material to install the sheds at Crossway Field #3 and Boulder Brook Field; and WHEREAS, the total estimated value of each shed is $3,125.00 for a total amount of $6,250.00, with the Scarsdale Little League and Scarsdale Youth Lacrosse Association purchasing the sheds directly from the vendor and turning over to the Village to install, own and maintain in the future; now therefore be it RESOLVED, that the Board of Trustees hereby accepts the gift of two 10 ft. x 10 ft. storage sheds to be placed at Crossway Field #3 and Boulder Brook Field for the purpose of storing athletic equipment and field maintenance supplies; and be it further RESOLVED, that the Board of Trustees herein extends its thanks and appreciation to the Scarsdale Little League and Scarsdale Youth Lacrosse Association for their generous gift to the community. ******** Village Board of Trustees 11-12-2014 P a g e | 355 Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding VM Contract #1143 – Athletic Field Maintenance – Change Order #3 was adopted by the vote indicated below: WHEREAS, the Village Board of Trustees approved a resolution at its February 26, 2013 meeting (attached) awarding VM Contract #1143 – Athletic Field Maintenance to Greenway Property Services, 3 Rye Ridge Plaza #181, Rye Brook, NY 10573, for a two year period from March 2013 to March 2015, at a total cost of $53,466; and WHEREAS, the base bid contract work includes mowing, fall cleanup and spring cleanup for six Village athletic field properties, with unit bid prices also provided for certain additional maintenance services as needed and determined by the Superintendent of Parks and Recreation; and WHEREAS, the Village Manager approved Change Order #1 dated March 22, 2013 (attached) for additional field maintenance improvement work on athletic ball fields at Crossway Fields #1 and #2, Winston Field, and Supply Fields #1 and #2 in the amount of $9,892.50; and WHEREAS, the Village Board of Trustees approved Change Order #2 dated October 22, 2013 (attached) for additional field maintenance improvement work on athletic ball fields at Supply Field #1 and #2, Hyatt Field #2 and Crossway Field #3 in the amount of $7,505; and WHEREAS, in October 2014, Village staff reviewed all athletic properties and further recommends additional improvements to install sod and clay in the ball field infields at Crossway Fields #1, #2, #3 and Winston Field #2 in accordance with Change Order #3 (attached); and WHEREAS, the total cost for Change Order #3 is $10,834, as further detailed in the attached memorandum, resulting in a total revised contract amount of $81,697.50 with an aggregate contract change order cost of $28,231.50; and WHEREAS, Section 2.9 (A) of the Village Internal Control Policy requires the Village Board of Trustees to approve change orders that exceed $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 Board of Trustees herein approves Change Order #3 for VM Contract #1143 – Athletic Field Maintenance, in the amount of $10,834; and be it further Village Board of Trustees 11-12-2014 P a g e | 356 RESOLVED, that the cost for the additional work be charged to the FY 2014/2015 Department of Parks, Recreation and Conservation operating budget Account A-7020-PLGRD-MAINT-400-499. AYES NAYS ABSENT Trustee Brodsky None Trustee Martin Trustee Lee Trustee Stern Trustee Pekarek Trustee Samwick Mayor Steves ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications Village Treasurer McClure reported on behalf of Village Clerk Conkling that one (1) written communication has been received since the last meeting of the Board:  A letter from Jan Blaire, Chair, Westchester County Soil and Water Conservation District informing the Village that Scarsdale’s South Fox Meadow Brook Stormwater Management Project has been chosen to receive a Soil and Water Conservation Achievement Award. ******** Mayor Steves thanked the Westchester County Soil and Water Conservation District for recognizing the efforts of the Village. ******** Village Board of Trustees 11-12-2014 P a g e | 357 There being no further business to come before the Board, Mayor Steves moved to adjourn the meeting, seconded by Trustee Brodsky and carried by a unanimous vote at 8:28 P.M. Donna M. Conkling Village Clerk