Board of Trustees

Village Board of Trustees 12 -10-2013 P a g e | 364 THREE THOUSAND ONE HUNDRED NINETY-FIFTH REGULAR MEETING Rutherford Hall Village Hall December 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, December 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, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Treasurer McClure, Village Clerk Conkling, Assistants to the Village Manager Azrelyant and Goodwin, and Administrative Intern Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of November 26, 2013 were approved on a motion entered by Trustee Mark, seconded by Trustee Martin, and carried unanimously. ******** Bills & Payroll Trustee Martin stated that payment of bills made in advance of a Board of Trustees audit totaling $54,482.83 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 Eisenman, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $54,482.83 is hereby ratified. Trustee Martin further stated that he had audited the Abstract of Claims dated December 10, 2013 in the amount of $658,112.53 which includes $23,463.73 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 Brodsky, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated December 10, 2013 in the amount of $658,112.53 is hereby approved. Village Board of Trustees 12 -10-2013 P a g e | 365 Trustee Martin also stated that he had audited the Abstract of Claims dated December 10, 2013 in the amount of $230,799.60 which includes $12,483.10 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 Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated December 10, 2013 in the amount of $230,799.60 is hereby approved. ******** Mayors Comments Mayor Steves stated that the Board held a meeting earlier this evening to discuss historic preservation. This Board continues to work towards putting a workable law on the books to preserve genuinely historical sites and possibly neighborhoods in the Village. The Board has received input from the public and appreciates that input. The Board will continue to work on this matter and welcomes all public input. Mayor Steves also noted that the Board had a meeting on the Distributed Antenna Systems (DAS) recently. This is a very complex and controversial issue in the community. On behalf of the Board, Mayor Steves extended a sincere thanks to the Planning Board for the professional work that they did in bringing a proposed law together and bringing in the appropriate professionals to work with staff. The next meeting of the Village Board will be on Christmas Eve morning and will not be televised. Mayor Steve took this opportunity to wish everyone a Happy Holiday and ask that they consider others who may not have the opportunity to enjoy it as much as we do. He stated that there is a Toys for Tots collection being held by the Scarsdale Police Department at the Public Safety Building. ******** Manager’s Comments None. ******** Public Comments Mayor Steves opened the meeting to public comments at this time; as there were no comments offered, Mayor Steves closed the public comments portion of the meeting. ******** Village Board of Trustees 12 -10-2013 P a g e | 366 Fire Commissioner Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding Service Time Extension for Captain Gerard McIlvain was adopted by a unanimous vote: WHEREAS: Captain Gerard McIlvain of the Village Fire Department has requested a one-year extension of the service time beyond the thirty (30) 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 Gerard McIlvain has been recommended for such extension by Fire Chief Thomas M. Cain conditioned on his passing the necessary physical examinations provided during Village Calendar Years 2014 and 2015; and WHEREAS: it is in the best interest of the Village to grant such one-year extension in this case; now therefore be it RESOLVED: that Captain Gerard McIlvain of the Village of Scarsdale Fire Department is hereby granted a one-year service time extension in the Department from January 17, 2015 to January 17, 2016, and be it further RESOLVED: that such one-year extension is conditioned on Captain Gerard McIlvain passing the annual physical examinations to be given in Calendar Years 2014 and 2015. ******** Land Use Committee Trustee Mark stated that the next two resolutions were prompted by discussions that this Board has had at meetings focusing on land use and development issues in the Village. He stated that the first resolution entitled “Residential Building Height in Flood Zones” upon review presents some more complicated issues than first appeared. Therefore, Trustee Mark moved that the following resolution be tabled, seconded by Trustee Lee and carried by a unanimous vote: WHEREAS, Village Code Chapter 167 Flood Damage Prevention requires any new construction and substantial improvements to structures within certain Federal Emergency Management Agency (FEMA) identified flood zones to build the lowest floor of the residential Village Board of Trustees 12 -10-2013 P a g e | 367 structure at an elevation at least two feet above the base flood level in accordance with FEMA recommendations; and WHEREAS, Village Code Chapter 310 Zoning restricts building heights to 35 feet in all Residence A Districts resulting in said maximum heights being at least two feet lower for construction of residential structures located in the FEMA flood zones pursuant to the aforementioned restrictions identified in Village Code Chapter 167; and WHEREAS, it is in the best interest of the Village to protect the public health, safety and welfare and prevent damage to personal property, by encouraging property owners located within the FEMA flood zones when engaged in substantial structural improvements to elevate the structure out of the established base flood elevation level; and WHEREAS, the Village Board of Trustees recognizes that the additional flood protection requirements for construction of residential structures located within the flood zone results in a decrease in the size of the residential structure relative to the as-of-right height restrictions in the Zoning Code, which may necessitate the need for variances to recapture the additional size; now therefore be it RESOLVED, that the Village Board of Trustees herein requests that the Village Zoning Board of Appeals view any request for a zoning variance for residential construction in a Residence A Zoning District in FEMA identified special flood hazard areas with favorable consideration, understanding the trade-off between required flood mitigation requirements and the resulting decrease in the size of the new construction, so long as construction methodologies, materials and visible design features are consistent with the character of the neighborhood. ******** Upon motion entered by Trustee Mark, and seconded by Trustee Eisenman, the following resolution Requesting the Planning Board Study and Recommend, if Appropriate, an Amendment to Chapter 310 of the Village Code, Zoning, Regarding Impervious Surfaces was adopted by a unanimous vote: WHEREAS, the Village Board of Trustees’ Law and Land Use Committees have been reviewing the impact of existing land use regulations relative to the size and bulk of residential homes, flood mitigation and other factors toward the preservation of neighborhood character and protection of the quality of life in the Village; and Village Board of Trustees 12 -10-2013 P a g e | 368 WHEREAS, at the November 19, 2013 Law and Land Use Committee meeting, the Village Board agreed that amending the Village’s zoning code regarding lot coverage to include gravel surfaces as impervious may improve overall management of residential development including storm water runoff; and WHEREAS, since 1985, the Village has regulated the maximum permitted lot area and building coverage based on a property’s total lot area to prevent excessive coverage of lots with buildings and impervious surfaces which can lead to drainage problems, flooding and overcrowded properties; and WHEREAS, while the Village zoning code currently defines gravel as a pervious surface, both the Village’s storm water regulations and New York State Department of Environmental Conservation (NYSDEC)’s best management practices consider gravel surfaces an impervious surface; and WHEREAS, the treatment of gravel as pervious has led to additional residential development on individual properties in the Village as applicants regularly propose the removal of asphalt driveways and replacement with gravel in order to construct additions, decks, swimming pools and/or tennis courts which might not be permitted otherwise because of the lot coverage restrictions; and WHEREAS, applications for new houses and associated development also regularly incorporate gravel driveways and courtyards to maximize building and lot coverage; and WHEREAS, an amendment to the definition of impervious surfaces to make the zoning code consistent with the Village storm water and NYSDEC regulations will likely have the effect of reducing the size and scope of residential development and the associated storm water runoff, tree removal and area of disturbance of construction projects; and WHEREAS, the amendment may also make a number of properties legally non-conforming with regard to lot coverage which could make future development on those properties uncertain and dependent on variances from the Board of Appeals; and WHEREAS, pursuant to Chapter 77 of the Village Code, the Planning Board must report on any proposed amendment(s) to the zoning code or other land use laws; and WHEREAS, the Planning Board may retain a planning consultant, if necessary, to help analyze the potential impacts of the zoning amendment including an estimate of the degree of nonconformity that might Village Board of Trustees 12 -10-2013 P a g e | 369 be created as well as provide technical assistance in drafting a zoning amendment with a meaningful grandfathering clause to mitigate the impact on nonconforming properties, if required; now therefore be it RESOLVED, that the Village Board hereby requests the Planning Board study and recommend, if appropriate, a change in the definition of impervious surfaces in the Village’s zoning code to make the code consistent and in conformance with the NYSDEC design manual by defining gravel surfaces as impervious surfaces and to analyze the impact of such an amendment including the potential creation of nonconformities; and be it further RESOLVED, that the Planning Board is herein authorized, if necessary, to retain professional assistance to undertake this study; and be it further RESOLVED, that the Village Board, pursuant to Chapter 77-2 of the Village Code, waives the 60 day time period for receipt of any proposed amendment, report or recommendation. ******** Mayor Steves stated that the foregoing resolution was very well drawn in setting forth the Village Board’s request to the Planning Board. ******** Law Committee Upon motion entered by Trustee Lee, and seconded by Trustee Eisenman, the following resolution regarding a Public Library Master Plan Fundraising Contract with Plan A Advisors was approved by a unanimous vote: WHEREAS, the Scarsdale Public Library, with the assistance of Lothrop Associates recently completed a Master Plan dated June 10, 2013; and WHEREAS, the Master Plan includes a number of building additions, alterations and renovations at an estimated total cost of $7,566,700 to be completed in phases over a multi-year period; and WHEREAS, due to the limited availability of funding sources, the Scarsdale Public Library Board prepared and distributed a Request for Proposals (RFP) to hire a fundraising consulting firm to develop and conduct a capital campaign to implement the Master Plan; and Village Board of Trustees 12 -10-2013 P a g e | 370 WHEREAS, the Scarsdale Public Library Board formed a Fundraising Interview Committee to review each of the five proposals received and interview the consulting firms; and WHEREAS, the Committee independently ranked each firm and unanimously selected Plan A Advisors, P.O. Box 165, Thornwood, NY 10594, and recommended Plan A to the full Library Board for consideration; and WHEREAS, after discussion with the Village Attorney, the Scarsdale Public Library Board, at their October 21, 2013 meeting, authorized the Library Director to enter into a professional service agreement with Plan A Advisors utilizing a combination of Library operating funds and undesignated fund balance to cover the $180,000 cost of the agreement; now therefore be it RESOLVED, that the Village Board of Trustees herein concurs with the Scarsdale Public Library Board’s authorization to enter into a professional services agreement with Plan A Advisors, P.O. Box 165, Thornwood, NY 10594 to assist the Library with a capital fund raising campaign for the Library Master Plan Project. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding Property Tax Revaluation – Office Space Rental for Informal Taxpayer Reviews was approved by the vote indicated below: WHEREAS, the Village Board of Trustees, via resolution dated March 13, 2012, authorized a professional services agreement with Tyler Technologies to perform a revaluation of property in the Village of Scarsdale for a base fee of $799,900; and WHEREAS, the agreement includes a provision for the lease of appropriate office space within the Village so Tyler Technologies can perform informal taxpayer reviews of their new assessments; and WHEREAS, the Village negotiated a rental agreement, attached hereto and made a part herein, with the Scarsdale Congregational Church, which has adequate office space and parking available to conduct the informal taxpayer review meetings, for the rental of three rooms from March 10, 2014 – April 5, 2014 (24 days) at a rate of $65 per day per room totaling $4,680; and WHEREAS, the informal taxpayer review meetings will be scheduled Monday through Friday from 9:00 AM to 6:00 PM, Saturdays from 11:00 Village Board of Trustees 12 -10-2013 P a g e | 371 AM to 4:00 PM, and two nights per week from 6:00 PM to 8:00 PM; now therefore be it RESOLVED, that the Village Manager is herein authorized to enter into a rental agreement with the Scarsdale Congregational Church, 1 Heathcote Road, in substantially the same form as attached hereto, for the purposes of renting meeting room space for Tyler Technologies to conduct informal taxpayer reviews of their new assessments in conjunction with the property revaluation project in the Village of Scarsdale; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake administrative acts as may be required pursuant to the agreement; and be it further RESOLVED, that the costs of the professional services contract be charged to the appropriate Capital Budget accounts as determined by the Village Treasurer utilizing funds from bonding authorized by resolution of the Village Board at their March 13, 2012 meeting (attached). 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 Authorization to Execute a Professional Services Agreement for Drug and Alcohol Testing Services was approved by the vote indicated below: WHEREAS, the United States Department of Transportation issued regulations pursuant to the Omnibus Transportation Testing Act of 1991 (Act) governing the use of drugs and alcohol by commercial motor vehicle drivers, and required employers to conduct mandatory drug and alcohol testing of drivers; and WHEREAS, in accordance with the Act, Department of Public Works regulations, and the collective bargaining agreement between the Village and Local 456, International Brotherhood of Teamsters (IBT) AFL-CIO, the Village randomly drug tests all full-time IBT employees as well as other employees in safety sensitive positions; and Village Board of Trustees 12 -10-2013 P a g e | 372 WHEREAS, the Village was party to a three-year professional services agreement with Clarity Testing Services, 33 West Main Street, Suite 300, Elmsford, NY 10523, to provide the aforementioned drug testing services, as well as other services that the Village requires for prospective public works department employees and inter-departmental transfers, such as pre-employment physicals and background investigations; and WHEREAS, Village staff has been extremely satisfied with the professionalism of Clarity Testing Services and their ability to utilize a mobile unit to test Village employees at their place of work providing a level of service to the Village that cannot be matched by other local vendors; and WHEREAS, our current agreement with Clarity Testing expires on December 31, 2013 and staff negotiated a successor agreement, attached hereto and made a part hereof; and WHEREAS, the term of the agreement is for two (2) years with an option to renew for one (1) additional year; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute a professional services agreement with Clarity Testing Services, 33 West Main Street, Suite 300, Elmsford, NY 10523, in substantially the same form as attached hereto; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake all administrative acts pursuant to the agreement; and be it further RESOLVED, that the Village Manager is authorized to renew this agreement for the one (1) year extension subject to the availability of adequate budget appropriations and provided all other contract terms and conditions are unchanged. 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 to Award Contract VM #1166 – Furnish and Deliver Water Line Fittings and Valves was approved by the vote indicated below: Village Board of Trustees 12 -10-2013 P a g e | 373 WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on November 8, 2013 and notified six vendors of VM Contract #1166 – Furnish and Deliver Water Line Fittings & Valves; and WHEREAS, on the bid opening date of November 22, 2013, two sealed bids were opened with the lowest bids received for individual bid items within the contract varying between the two bidders; and WHEREAS, the contract documents permit the Village to award some or all of the 157 individual items included as part of this contract to one or more of the bidders; and WHEREAS, Village staff reviewed and compared the bids on an item by item basis and identified five items, (89, 94, 152, 153 and 154), in which the product submitted by the apparent low bidder did not meet the contract specifications while the other bidder’s product did comply; and WHEREAS, the lowest responsible bids for 51 of the individual bid items, including the aforementioned items 94, 152, 153 and 154 as identified on the November 22, 2013 Bid Tabulation Sheet, attached hereto and made a part hereof, were received from Vellano Bros., Inc., 29 Vellano Drive, Wappingers Falls, New York 12590 for the lump sum total of $12,369.47; and WHEREAS, the lowest responsible bids for 99 of the individual bid items, including the aforementioned item 89 as identified on the November 22, 2013 Bid Tabulation Sheet, were received from Schmidt’s Wholesale, Inc., P.O. Box 5100, Monticello, New York 12701 for the lump sum total of $47,309.11; and WHEREAS, no unit bid prices were received for seven (7) of the items which will be purchased separately on an as needed basis during the fiscal year in accordance with the Village’s Internal Control Policy; now therefore be it RESOLVED, that VM Contract # 1166 – Furnish and Deliver Water Line Fittings & Valves, be awarded to the lowest responsible bidder for 51 of the bid items, Vellano Bros., Inc., 29 Vellano Drive, Wappingers Falls, New York 12590, at the unit bid prices identified on the attached Bid Tabulation Sheet, not to exceed budgeted appropriations; and be it further RESOLVED, that VM Contract # 1166 – Furnish and Deliver Water Line Village Board of Trustees 12 -10-2013 P a g e | 374 Fittings & Valves, be awarded to the lowest responsible bidder for 99 of the of the bid items, Schmidt’s Wholesale Inc., P.O. Box 5100, Monticello, NY 12701, at the unit bid prices identified on the attached Bid Tabulation Sheet, not to exceed budgeted appropriations; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract # 1166 – Furnish & Deliver Water Line Fittings & Valves on behalf of the Village of Scarsdale with said Vellano Bros., Inc., 29 Vellano Drive, Wappingers Falls, New York 12590 and Schmidt’s Wholesale, Inc., P.O. Box 5100, Monticello, New York 12701; and be it further RESOLVED, that the cost of items purchased pursuant to VM Contract # 1166 – Furnish and Deliver Water Line Fittings & Valves be charged to the Water Department Budget, Account EWS-8310- DSTRB-OP/MT-400 423, not to exceed budgeted appropriations; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake administrative acts as may be required pursuant to the terms of the contract. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Other Committee Reports Trustee Stern stated that he attended a meeting of the Sustainability Committee last week and noted that this Committee can make tremendous impact in how the residents live in the Village. Trustee Stern stated that the Committee discussed LED street lighting and municipal lighting instead of incandescent lighting. Some municipalities in Westchester such as Yonkers are already doing this. It not only saves money, it’s green, lasts for a much longer time, less maintenance, and it is a very powerful alternative to traditional lighting. The major topic on the agenda of the Sustainability Committee was leaf mulching. Almost all of the Village owned property and parks are leaf mulched, as well as all the Village Board of Trustees 12 -10-2013 P a g e | 375 schools. Leaf mulching is a relatively easy for gardeners or landscapers to do; it requires a $40.00 blade on their machine; it chops up the leaves instead of taking the leaves away. In a few weeks the mulched leaves become fertilizer. This method will also eliminate a lot of the leaf blowers which are a nuisance to many residents in the Village. Leaf mulching has enormous benefits. The Committee should charge the Village to look into this in great detail and encourage people to do this. The issue of plastic bags being distributed in supermarkets was also an item on the Committee’s agenda, as well as the idling of ice cream trucks at schools during athletic events. The last item on the Committee’s agenda was the encouragement of the use of solar energy as a way of saving carbon emissions. Mayor Steves pointed out that there is a Sustainability Committee of the Board of which Trustee Stern is the Chair. He thanked Trustee Stern for his report. ******** Liaison Reports None. ******** Written Communications None. ******** There being no further business to come before the Board, the meeting adjourned at 8:25 P.M. on a motion entered by Mayor Steves, seconded by Trustee Mark and carried by a unanimous vote. Donna M. Conkling Village Clerk