Board of Trustees

Village Board of Trustees 01 -14-2014 P a g e |1 THREE THOUSAND ONE HUNDRED NINETY-SEVENTH REGULAR MEETING Rutherford Hall Village Hall January 14, 2014 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, January 14, 2014 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, Deputy Village Attorney D’Andrea, Village Treasurer McClure, Village Clerk Conkling, and Assistants to the Village Manager Azrelyant and Goodwin. ******** The minutes of the Board of Trustees Limited Agenda Meeting of December 24, 2013 were approved as amended on a motion entered by Trustee Eisenman, seconded by Trustee Mark, and carried unanimously. ******** Bills & Payroll Trustee Brodsky stated that she had audited the Abstract of Claims dated January 14, 2014 in the amount of $1,315,672.22 which includes $14,949.07 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 Brodsky and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated January 14, 2014 in the amount of $1,315,672.00 is hereby approved. Trustee Brodsky further stated that payment of bills made in advance of a Board of Trustees audit totaling $342,012.12 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 $342,012.12 is hereby ratified. Village Board of Trustees 01 -14-2014 P a g e |2 ******** Mayors Comments Mayor Steves wished the community a Happy New Year. He stated that the Board will soon begin the budget process for Fiscal Year 2014/2015; he will announce the scheduled meetings at the end of this meeting. He encouraged active community participation in this process. ******** Managers Comments None. ******** Public Comment Robert Harrison, 65 Fox Meadow Road, stated that the Board of Architectural Review (BAR) will meet on Monday, January 27th and on their agenda will be a request for a demolition at 8 Heathcote Road. This is the home where Earl Graves lived from 1974 until it was sold in the last six months. At a Committee for Historic Preservation (CHP) meeting some weeks ago, the request for demolition was submitted by the owner. The CHP voted 7-0 to deny the application. The applicant has the right to go before the BAR for review, which is scheduled for January 27th. For those in the community who feel strongly about historic preservation, Mr. Harrison urged them to attend this meeting and give their thoughts on the preservation of this house. This is a beautiful home that was built in 1907 and could be easily renovated. Mr. Harrison noted that at the agenda meeting this evening, the Board members were discussing what they might do regarding the Homestead Act. He stated that the passage of that Act would allow for condominiums to be assessed at the value similar to private residences. He noted that he is on a committee and stated that he is only speaking for himself, of the Scarsdale Forum and it has studied this issue thoroughly. That same committee strongly endorsed the revaluation for the community. He stated that he did not have the final wording coming out of that committee, but the committee strongly endorses the adoption of the Homestead Act; the basic reason for this is equality of assessments for all properties. Condominiums are substantially under assessed. He noted that there are deadlines that have to be met and that the School Board also has to make a decision in this regard. He strongly urged the Board to adopt the Homestead Act. Mayor Steves stated that the issue of the Homestead Act will be analyzed by this Board; it is the responsibility of the Board to make this decision. It is a somewhat more complicated issue than it may seem on the surface. He assured the community that this will get a full complete airing and analysis. The dates of the public hearings when they are determined will be noticed to the public in plenty of time for residents to attend and make their positions known. The Board is in receipt of the report from the Forum and Village Board of Trustees 01 -14-2014 P a g e |3 will take it into consideration. This sensitive issue will be handled in a way commensurate with its importance. As there were no further comments from the public, Mayor Steves closed the public comment portion of the meeting. ******** Law Committee Trustee Lee stated that there are some additional possible amendments to the proposed amendment to Village Code Chapter 310-77 – “Wireless Telecommunications Facilities”; therefore, the resolution to schedule a Public Hearing will be postponed to the next Board meeting. Upon motion entered by Trustee Mark, seconded by Trustee Brodsky, adoption of the following resolution regarding a Public Hearing on Proposed Amendments to Village Code Chapter 310-77 – “Wireless Telecommunications Facilities” was postponed : RESOLVED, that a Public Hearing is hereby scheduled by the Village Board of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Tuesday, January 28, 2014, at 8:00 pm on proposed amendments to Scarsdale Village Code Chapter §310-77, “Wireless Telecommunications Facilities,” to provide for distributed antenna systems, also known as “DAS”, and be it further RESOLVED, that the Village Clerk is hereby directed to advertise said Public Hearing. ******** Land Use Committee Trustee Mark stated that he had two resolutions to propose, and he stated that he would like to postpone consideration of the first resolution regarding the Extension of Building Permits for Residences at Manor Lane pending receipt by the Board of additional information as to what that situation entails. Upon motion entered by Trustee Mark, and seconded by Trustee Brodsky, adoption of the following resolution regarding the Extension of Building Permits #141126, 141128, 141187, 141190, 141191 and 141193 for Residences at Manor Lane was postponed by a unanimous vote: WHEREAS, Building Permits #141126 and #141128 for the construction of attached houses at 6 and 8 Manor Lane, identified on the Village Tax Map as Section 18, Block 05, Lot 29.1 and Section 18, Block 05, Lot 29.2 expired on July 26, 2013; and Village Board of Trustees 01 -14-2014 P a g e |4 WHEREAS, Building Permits #141187, #141190, #141191 and #141193 for the construction of attached houses at 10, 12, 14 and 16 Manor Lane, identified on the Village Tax Map as Section 18, Block 05, Lot 29.3, Section 18, Block 05, Lot 29.4, Section 18, Block 05, Lot 29.5 and Section 18, Block 05, Lot 29.6 expired on August 28, 2013; and WHEREAS, the owner of the property at Manor Lane has been unable to complete the construction within the two (2) year period under said building permits and has requested an extension; and WHEREAS, the Building Inspector reviewed the application, visited the site, and based upon the outstanding items left to complete, estimates that the remainder of the work will take approximately twenty- four (24) months to complete from the July 26, 2013 expiration date or until July 25, 2015 for Building Permits #141126 and #141128 and from the August 28, 2013 expiration date or until August 27, 2015 for Building Permits #141187, #141190, #141191 and #141193; and WHEREAS, the Village has incurred additional costs to inspect the homes and process this request for building permit extensions; and WHEREAS, §132-25 of the Village Code permits the Village Board to extend such building permits; now therefore be it RESOLVED, that Building Permits #141126 and #141128 for the construction of attached houses at 6 and 8 Manor Lane, be extended for twenty-four (24) months from the current expiration date of July 26, 2013 or until July 25, 2015; and be it further RESOLVED, that Building Permits #141187, #141190, #141191 and #141193 for the construction of attached houses at 10, 12, 14 and 16 Manor Lane, be extended for twenty-four (24) months from the current expiration date of August 28, 2013 or until August 27, 2015; and be it further RESOLVED, that pursuant to the FY 2013-14 Village-Wide Fees and Charges Schedule, the owner shall pay to the Village of Scarsdale an additional fee of $57,339.00 based upon the original Building Permit Fees and the length of this extension and to compensate for the additional services required to complete this application. ******** Upon motion entered by Trustee Mark, seconded by Trustee Eisenman, the following resolution regarding the Extension of Building Permit #141377 for a Residence at 1 Duck Pond was approved by a unanimous vote: Village Board of Trustees 01 -14-2014 P a g e |5 WHEREAS, Building Permit #141377 for the construction of a new residential home at 1 Duck Pond, identified on the Village Tax Map as Section 13, Block 02, Lot 7, expired on December 19, 2013; and WHEREAS, the owner of the property at 1 Duck Pond has been unable to complete the construction within the two (2) year period under said building permit and has requested an extension; and WHEREAS, the Building Inspector reviewed the application, visited the site, and based upon the outstanding items left to complete, estimates that the remainder of the work will take approximately twelve (12) months to complete from the December 19, 2013 expiration date or until December 18, 2014; and WHEREAS, the Village has incurred additional costs to inspect the home and process this request for a building permit extension; and WHEREAS, §132-25 of the Village Code permits the Village Board to extend such building permits; now therefore be it RESOLVED, that Building Permit #141377 for the construction of a new residential home at 1 Duck Pond, be extended for twelve (12) months from the current expiration date of December 19, 2013 or until December 18, 2014; and be it further RESOLVED, that pursuant to the FY 2013-14 Village-Wide Fees and Charges Schedule, the owner shall pay to the Village of Scarsdale an additional fee of $15,600.00 based upon the original Building Permit Fee and the length of this extension and to compensate for the additional services required to complete this application. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, seconded by Trustee Mark, the following resolution regarding the 2014 Village Election was approved by a unanimous vote: RESOLVED, that pursuant to Section 15-104 of the Election Law, the Village election shall be held on Tuesday, March 18, 2014 between the hours of 6:00 a.m. and 9:00 a.m. and 12 Noon and 9:00 p.m. and be it further RESOLVED, that the polling place for all Election Districts, Numbers 1-19 shall be at Village Hall; and be it further Village Board of Trustees 01 -14-2014 P a g e |6 RESOLVED, that qualified registered voters who reside within Westchester County may be inspectors of election for Village elections held in Scarsdale. ******** Upon motion entered by Trustee Eisenman, seconded by Trustee Brodsky, the following resolution regarding the New York State Indexed Lump Sum Municipal Snow and Ice Agreement Extension for 2014/2015 was approved by a unanimous vote: WHEREAS, pursuant to Section 12 of the New York State Highway Law, the maintenance of State highways includes control over snow and ice removal authorized by the New York State Department of Transportation (NYSDOT), in order to make these roads safe and passable; and WHEREAS, the snow and ice control on these State roads may be done by the host municipality, pursuant to an agreement entered into by the municipality and the NYSDOT; and WHEREAS, there are 15.7 miles of New York State-owned roads located within the Village of Scarsdale; and WHEREAS, the State of New York, in the interest of public safety, has historically contracted with the Village for snow and ice removal services on these roads; and WHEREAS, the current agreement between the NYSDOT and the Village adopted in 1999 was for three years with the option for annual extensions; and WHEREAS, the Village Board of Trustees approved extensions through resolutions of January 23, 2002, November 12, 2003, July 12, 2005, May 8, 2007, April 14, 2009, October 27, 2009, December 14, 2010, January 24, 2012 and October 9, 2012 thereby extending the original agreement through June 30, 2014, said agreement continuing in force until a successor agreement is proffered by the NYSDOT; and WHEREAS, the NYSDOT recently sent the Village another one year extension for the 2014/15 season; the extension is proposed to commence on July 1, 2014 and terminate June 30, 2015 with the estimated index lump sum expenditure of $1,513.00 per lane mile for a total of $23,754.10; now therefore be it RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to execute the New York State Index Lump Sum Municipal Snow and Ice Extension Agreements for the 2014/15 Village Board of Trustees 01 -14-2014 P a g e |7 winter season, between the Village of Scarsdale and the New York State Department of Transportation for snow and ice removal services, in substantially the same form as attached hereto; and be it further RESOLVED, that the Village Manager is, herein, authorized to undertake all administrative acts required pursuant to the terms of the Agreements including the execution of any amendments to the above cited extension. ******** Upon motion entered by Trustee Eisenman, seconded by Trustee Mark, the following resolution regarding a Professional Services Agreement with Blackboard Connect, Inc. for Operation/Maintenance of an Emergency Notification System was adopted by the vote indicated below: WHEREAS, severe weather events including Superstorm Irene and Sandy, have escalated in the past five years resulting in significant local and regional damage and disruption, requiring emergency responses and mass communication capabilities; and WHEREAS, in furtherance of protecting the health and safety of Village residents and providing timely information on storm recovery efforts, it is crucial for Village Officials to be able to communicate with Village residents during such emergency events; and WHEREAS, at their October 26, 2010 Board Meeting, the Village Board adopted a resolution (attached) authorizing the Village Manager to execute a Professional Services Agreement with Blackboard Connect, Inc. (Blackboard) a Delaware based company, for the purposes of quickly disseminating critical information to Village residents during critical events and emergencies through a time sensitive mass notification system including robocalls, emails and text messages; and WHEREAS, use of the Blackboard system has proven popular with residents, with approximately 8,000 contact numbers of currently registered to receive Village messages during the aforementioned Superstorms; and WHEREAS, the initial agreement with Blackboard for a term of three (3) years with the mutual option to renew annually for successive one (1) year periods, has expired and, staff and Blackboard have agreed on a new four (4) year renewal agreement with an optional fifth year; and Village Board of Trustees 01 -14-2014 P a g e |8 WHEREAS, during the initial four (4) year agreement term, the annual Village service fee will remain at $10,000 based on an approximate 5,000 households/businesses for which the Village shall pay $2.00 per household/business; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute a Professional Services Agreement in substantially the same form as attached hereto, with Blackboard Connect Inc., a Delaware corporation and wholly owned subsidiary of Blackboard, Inc., 650 Massachusetts Avenue, Washington, D.C. 20001, to serve all Village households and businesses for an annual $10,000 fee; and be it further RESOLVED, that the cost associated with this agreement be charged to General Fund Account A-9990-SPCL-SPCL-500 1921; and be it further RESOLVED, that the Village Manager is further authorized to undertake all the administrative acts required 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 pointed out that the robocall reaches the people in the community through a 911 reverse system; however, if you are relying on your cell phone, ipad or other device, for email or text messages you need to sign up on the Village website, www.scarsdale.com, under Emergency Notification and click on “Sign up Now” – Blackboard Connect. Other Committee Reports None. ******** Liaison Reports Trustee Brodsky reported as Liaison to the Scarsdale Library. She stated that on Monday evening she attended a meeting of the Library Board. As part of the meeting, there was a review of what the Library’s usage has been in the last year. The number that Village Board of Trustees 01 -14-2014 P a g e |9 stood out to her (amongst other reported data) was that over the course of the last year, visits to the Library increased from 250,000 visits in a year to 300,000 visits in a year. This reflects the enormous use of this library and how valued it is by our community members. These numbers reflect the effectiveness in which the library is serving the community by its programs and the facilities and the use of the facilities that exist in order to attract people to the library. ******** Written Communications Village Clerk Conkling reported that two (2) written communications have been received since the last meeting:  A proposal from Ryan Bailey, AT&T, to install cellular facilities at the Village Tower located at 50 Tompkins Road.  An email from Robert Harrison, 65 Fox Meadow Road, regarding his suggestions concerning the Historic Preservation Law. ******** There being no further business to come before the Board, the meeting adjourned at 8:22 P.M. on a motion entered by Trustee Mark, seconded by Trustee Eisenman and carried by a unanimous vote. Donna M. Conkling Village Clerk