Board of Trustees

Village Board of Trustees 01 -28-2014 P a g e | 10 THREE THOUSAND ONE HUNDRED NINETY-EIGHTH REGULAR MEETING Rutherford Hall Village Hall January 28, 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 28, 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, 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 January 14, 2014 were approved as amended on a motion entered by Trustee Mark, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Lee stated that he had audited the Abstract of Claims dated January 28, 2014 in the amount of $1,069,660.28 which includes $94,956.42 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 Mark and seconded by Trustee Eisenman, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated January 28, 2014 in the amount of $1,069,660.28 is hereby approved. ******** Mayors Comments Mayor Steves reported that the Village retained its Triple A rating from Moody’s and it was reflected in the interest rate on the Village’s Bond sale. This is a great accomplishment for the Village and the Finance Staff. Village Board of Trustees 01 -28-2014 P a g e | 11 Mayor Steves stated that during this cold weather that residents be mindful of their neighbors who are senior citizens by checking in on them and make sure their heating systems are working. We have been getting some consistently cold weather and this is where a community and neighborliness is very important. The Board will be having a series of meetings on the Homestead Act, and the Mayor stated that he would like to share that schedule with the community. On February 10, 2014, the Board will meet in a general discussion of the issue so that the Board members can share any issues they may have or any questions they would like raised and answered in subsequent meetings; any information they would like brought to bear on the decision on this issue. That meeting will be held at 6:00 P.M. at Village Hall. On February 11, 2014, which is a regular Board meeting, the Board will introduce the law and schedule a Public Hearing. That is a procedural issue which gives notice to the community that there will be an opportunity at another meeting where the public can express their views on the issue. On February 25th, there will be another regular Village Board meeting where the Board will receive a presentation from the State Tax Department on this matter. This is a change; the Board had talked about this presentation being on February 11th, it is now on the 25th. The Board will conduct the Public Hearing and all interested members of the community with comments on the topic are invited to participate. On March 4th, a Special Village Board meeting is scheduled for the Board to vote on the Homestead Act Local Law. If the Village Board does not approve the law no further action is required by any other elected body. If the Village Board approves the law, the School District is notified and the School District then has to make a decision on their own by April 1st, which is the statutory date to adopt the law. Mayor Steves stated that this information will be on the website, and the Village will make every effort to keep all members of the community informed on this very important topic. ******** Managers Comments Village Manager Gatta reported on a traffic issue that will begin taking place tomorrow and will continue for two (2) weeks on the first level, then another two (2) weeks on the second level. As the residents are aware, the Village is rehabilitating the Reeves-Newsome Pump Station and it is now necessary to do what is called a ‘line stop’ on one of the feeder lines going into the station. The work has to be done because the way the project has been scheduled, is that the new station must be up and operating by May of 2014. There will be some inconvenience and the Village is requesting patience and tolerance from the residents during the first two weeks because it will require that travel lanes on Fenimore Road between the Bronx River north exit ramp and Fox Meadow Road will be narrowed. The work will be done between the hours of 10:00 a.m. and 4:00 p.m. It may cause some traffic delays. The Village will try to keep two lanes open; one lane in each Village Board of Trustees 01 -28-2014 P a g e | 12 direction, if possible. If not and only one lane is available for traffic, there will be more delays. It is hoped that this work will be finished in two weeks – February 12th. Once the first segment is completed, an eastbound lane closure will be required to complete the work. The eastbound lane closure will occur near the Bronx River south entrance ramp and Fenimore Road and Hartsdale Avenue. This will begin on February 13th, concluding on February 27nd. If there are any changes or updates, the Village will note them on the Village’s website, www.scarsdale.com. Village Manager stressed that the work has to be done; the Village hopes to get the pump station up and running by May. The Village needs the pump station on line by May as the demand for water in the Village jumps from approximately 3 million gallons per day to about 10 million gallons per day. There is that large of a difference between winter water usage and summer water usage in the Village. Mayor Steves added that this is a very important project for the Village. The final product will increase the efficiency of water delivery in the Village and as the Village Manager requested, Mayor Steves asked the residents to be patient. The Village will work to minimize any impact on traffic. ******** Village Manager Gatta asked Village Treasurer McClure to report on news received from the New York State Comptroller relative to the Tax Cap for 2014/2015. He noted that the last time he spoke to the Board, he had informed them that the Cap was at 1.66%, not 2 %. Village Treasurer McClure stated that she learned this week that the new Tax Cap for 2014/2015 will be 1.48% as opposed to 1.66% which was the figure the Village was initially given. ******** Public Comment Robert Harrison, 65 Fox Meadow Road, thanked the Mayor for informing the community of the Property Tax Reval Homestead provision and timeline. This is an important issue for the community. He noted that he is a member of the Scarsdale Forum’s Revaluation Committee under the Chairmanship of Robert Berg. Mr. Berg had an extensive editorial in last Friday’s Scarsdale Inquirer and he strongly supports his comments. Mr. Harrison stated that there seems to be a controversy over whether Christie Place condominiums should have their taxes assessed at current market value. This Board voted to move forward with revaluation; the primary reason was for fairness in Village Board of Trustees 01 -28-2014 P a g e | 13 assessment throughout the community. He stated that he sees no reason why the condos at Christie Place shouldn’t be assessed at fair market value; under the Homestead Act this would be permissible. He suggested that research be done by the Town Assessor and staff concerning the homes that have been purchased since 2008, the year the Christie Place condos first sold, noting that in his opinion, the assessments of the homes would not have changed from the previous owner even though they would have paid more for the home. However, for those homes where purchasers paid less than the previous owner, the assessments would have been lowered. He thought it would be interesting to look at all the houses that traded since 2008, what the purchase price was and what their assessed value was. He was confident that this would show that the homes in the higher price range had purchasers since 2008 that continued to benefit from a low assessed value of their property, just as the condos at Christie Place continue to enjoy lower assessments. As there were no further comments from the public, Mayor Steves closed the public comment portion of the meeting. ******** Finance Committee Trustee Brodsky reported on the Statements of Expense and Revenue for the first seven months of Fiscal Year 2013-2014. General Fund appropriations were 61.45% spent as of December 2013, which is an increase of 2.31% from 59.14% in 2012-2013. Trustee Brodsky stated that this difference relates to several items including appropriations for workmen’s’ compensation claims, employee pension costs, and increases in equipment, General Fund revenues other than property taxes are $11,071,922 through December 2013 compared to $9,839,502 through December 2012, an increase of $1,232,420. Licenses and Permit revenue improved $146,700 over last year. State mortgage tax showed an improvement of $299,700. Property rental income was up $159,400 due to a recent contract settlement with Con Edison which included the period beginning January 1, 2013. This will help offset contract cancellations with other lessees for the 2013-2014 fiscal year. Revenue from Parking Permits and Meter Revenue continues to be steady, showing an increase of $132,700. Sales Tax and Departmental Revenue improved a total of about $112,000 from last year. State aid related to Hurricane Sandy was $400,000, or $369,000 greater than last year. All of this State aid received to date was appropriated to the Capital Projects Fund in the 2013-2014 Budget. Revenue from the Sale of Equipment and other Miscellaneous Revenues dropped $156,000 primarily due to a reduction in reimbursable overtime related to Hurricane Village Board of Trustees 01 -28-2014 P a g e | 14 Sandy. Also, last year’s revenue included $75,000 from the permanent easement related to Boulder Brook. The actual collection of Village taxes through December 31, 2013 is at 99.03% which is up 0.27% from the 2012 collection percentage of 98.76%. ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution Establishing Fiscal Year 2014/2015 Recreation Fees and Charges was adopted by the vote indicated below: WHEREAS, on an annual basis, the Village reviews its Recreation Fees and Charges with input from the Advisory Council on Parks and Recreation and the Board of Trustees’ Finance Committee; and WHEREAS, the Finance Committee reviewed the proposed Fiscal Year 2014/15 Fees and Charges Schedule at their January 16, 2014 meeting and approved the proposed fee changes as presented; and WHEREAS, for Fiscal Year 2014/15, increases are for the following new and existing programs, as detailed in the January 22, 2014 memorandum attached hereto; Compton Tennis Tournament Basketball Camp Football – Youth Teams Football – Weight Training Golf Tournament Lacrosse K-4th Boys Clinic Lacrosse K-4th Girls Clinic Lacrosse Summer Camp Junior Prep Soccer Softball Men’s League - Team Softball Pitching Clinic Nature Center Vacation Club Early Morning Swim now, therefore be it resolved, RESOLVED, that the fees and charges for recreation programs identified in the Recreation Fees and Charges Schedule, dated January 24, 2014, attached hereto and made a part hereof, are herein adopted and shall remain in effect unless amended by resolution of the Village Board of Trustees. Village Board of Trustees 01 -28-2014 P a g e | 15 AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution to schedule a Public Hearing on a Local Law Authorizing a Real Property Tax Levy in Excess of the New York State Cap was adopted by the vote indicated below: 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, February 11, 2014, at 8:00 p.m. to review a local law authorizing the Board of Trustees to adopt a budget for the 2014-2015 Fiscal Year that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c, as attached hereto and made a part hereof; and be it further RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding Supplemental Appropriation II to the Fiscal Year 2013-2014 General Fund Budget – Workers Compensation, was adopted by the vote indicated below: WHEREAS, the Village Board previously assigned a sum of $410,626 in the General Fund, Fund Balance, to be used as needed to pay workers Village Board of Trustees 01 -28-2014 P a g e | 16 compensation claims for the 2013-2014 fiscal year and beyond; and WHEREAS, via resolution on August 13, 2013, (attached), the Village Board approved a supplemental appropriation of $150,000 from the assigned fund balance to fund workers compensation claims leaving a balance in the assigned fund balance for Workers Compensation of $260,626; and WHEREAS, it is currently necessary to appropriate an additional $100,000 to fund the estimated workers compensation claims for the 2013- 2014 fiscal year; now therefore be it; RESOLVED, that $100,000 be appropriated to the Fiscal Year 2013-2014 General Fund Budget Account “Workers Compensation Claims”, A-9990-SPCL BENEF-800-9040-1. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution regarding Fiscal Year 2013-14 Budget Transfer for Popham Road Bridge Arbitration/Mediation Consulting Services was adopted by the vote indicated below: WHEREAS, the Village of Scarsdale and ELQ Industries of New Rochelle, NY are in arbitration and mediation proceedings relating to opposing claims in regard to the final construction costs associated with the Popham Road Bridge Replacement Project; and WHEREAS, the Village has retained the services of the law firm of McCullough, Goldberger and Staudt, LLP, White Plains, N.Y. and Greyhawk Construction Managers and Consultants, Morristown, N.J., as its expert structural engineer, to assist in the arbitration and mediation review of all contract documents, analyzing technical issues, evaluating claims and providing expert testimony; and Village Board of Trustees 01 -28-2014 P a g e | 17 WHEREAS, at the conclusion of the first round of arbitration hearings on November 22, 2013, the parties agreed to attempt to resolve their disputed claims through mediation with said mediation sessions commencing on January 9, 2014 and continuing on January 14 and 16, 2014; and WHEREAS, via resolution dated October 22, 2013 (attached), the Village Board of Trustees authorized a transfer of $150,000 from the Fiscal Year 2013-2014 General Contingency Account to the Village Attorney’s Popham Road Bridge account to cover the additional cost of legal and engineering consulting services; and WHEREAS, the transferred funds have been expended and an additional appropriation is necessary to continue funding the proceedings; and WHEREAS, the Village Manager is requesting that an additional $90,000, already appropriated in the FY 2013-14 General Contingency Account, be transferred to the Village Attorney’s Popham Road Bridge account to cover any additional cost associated with the arbitration and/or mediation; now therefore be it RESOLVED, that $90,000 is herein transferred from the FY 2013-2014 Village Budget “Contingency Account”, A 9990-SPCL-SPCL 500-1990, to the Fiscal Year 2013-2014 Village Attorney Budget Account, A 1420-ADMIN-ADMIN 400-458.1 “Popham Road Bridge Consultant Services.” AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Fire Commissioner Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding a Professional Services Agreement with Lynstaar Engineering, P.C. – Village Hall and Fire Station #1 Generator was adopted by the vote indicated below: Village Board of Trustees 01 -28-2014 P a g e | 18 WHEREAS, during emergencies the Village Hall and Public Safety Buildings are the two critical facilities relative to the Village’s emergency response, with Village Hall serving as the administrative center and Police/Fire headquarters housing the Emergency Operations Center; and WHEREAS, as part of a recent Public Safety Building addition and renovation capital improvement project, a new electrical generator was installed at the Public Safety Building, however, Village Hall remains without a generator to provide back-up electrical power; and WHEREAS, in nearly every major storm event, which have been occurring on a more frequent basis, Village Hall has lost power for an extended period of time, including seven days during Hurricane Sandy, severely impacting the emergency operations as well as the day-to- day governmental operations of the Village; and WHEREAS, Village Hall also serves as a polling location for State, Federal and local elections and for over a decade a permanent emergency generator and electrical service upgrade for Village Hall has been included in the Village 5-year Capital Plan, but due to the cost of the project (estimated $725,000) and other forced choices for the limited funding available, the project has yet to be funded; and WHEREAS, Village staff met in October and November 2013 to discuss the different options for the installation of a generator at Village Hall that would provide temporary power to both Village Hall and the adjacent Popham Road Firehouse (Fire Station #1); and WHEREAS, staff determined that the best option was to install a new 350 KW diesel generator and 1600 amp transfer switch to produce sufficient power to run all the electrical components of both the Village Hall and Fire Station #1; and WHEREAS, it is anticipated that the Village will purchase the generator and transfer switch utilizing NYS contracts and solicit bids for the installation of the generator equipment, associated wiring and site work with $160,000 in funds appropriated in the 2013/2014 Capital Budget; and WHEREAS, the Village is currently preparing construction documents for the Fire Station #1 Addition and Renovation Project which includes the lowering and reconstruction of the apparatus bay slab, filling of the basement under the apparatus bay driveway, constructing a Village Board of Trustees 01 -28-2014 P a g e | 19 two story addition to the west of the building, expanding and reconstructing the on-grade driveway on the south side of the building and performing certain interior renovations; and WHEREAS, the generator is proposed to be located along the south side of Village Hall and Fire Station #1, therefore Village Staff determined that the site work, concrete slab and underground conduits associated with the proposed generator should be included in the specifications and scope of work for Fire Station #1, since it would be cost effective and would eliminate the need to excavate and pour a new slab after improvements were made to Fire Station #1; and WHEREAS, at their November 12, 2013 meeting, the Village Board of Trustees authorized the issuance of $3,500,000 in bonds for the Phase II design and the construction of the Fire Station #1 Addition and Renovation Project; and WHEREAS, LynStaar Engineering, P.C. (LynStaar), Pleasantville, NY has previously completed the design for the electrical portion of the Scarsdale Municipal Pool Roof Replacement and Electrical Upgrades Project and several HVAC system projects for the Village and is familiar with the Village Hall electrical system, and as such, Village staff solicited a proposal from LynStaar for the design of the Village Hall and Fire Station #1 Generator Project; and WHEREAS, LynStaar submitted the proposal on December 5, 2013 to design the generator project, prepare bid documents, prepare a construction cost estimate and perform construction administration services for a total cost of $22,500 or 10% of the estimated construction cost of $225,000, a fair price for this work; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute a professional services agreement with LynStaar Engineering, P.C., 448-450 Manville Road, Pleasantville, NY 10570, in the amount of $22,500, in substantially the same form as attached hereto, for the preparation of project design work, cost estimate, public bid documents and construction administration services, for the Village Hall and Fire Station #1 Generator Project; and be it further Village Board of Trustees 01 -28-2014 P a g e | 20 RESOLVED, that the costs associated with this agreement be charged to the Fire Station #1 Addition and Renovation Capital Budget Account H-3497-962-2013-043B; and be it further RESOLVED, that the Village Manager is authorized to undertake all administrative acts as may be required pursuant to the terms of the agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Mark, the following resolution regarding Service Time Extension for Firefighter Dennis Wasiczko was adopted by a unanimous vote: WHEREAS, Firefighter Dennis Wasiczko 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, Firefighter Dennis Wasiczko 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; now therefore be it RESOLVED, that Firefighter Dennis Wasiczko of the Village of Scarsdale Fire Department is hereby granted a one-year service time extension in the Department from February 13, 2015 to February 13, 2016, and be it further RESOLVED, that such one-year extension is conditioned on Firefighter Dennis Wasiczko passing the annual physical examinations to be given in Calendar Years 2014 and 2015. Village Board of Trustees 01 -28-2014 P a g e | 21 ******** Land Use Committee Regarding Resolution Re: Extension of Building Permits #’s 141126, 141128, 141187, 141190, 141191, and 141193 for Residences at Manor Lane, Trustee Mark noted that this agenda item relates to a request and a resolution to extend six (6) Building Permits that have expired for residences that are under construction along Weaver Street; a project known as Manor Lane. Attached to the resolution are materials provided by the Staff, including some notices of violations that were observed by the Village Staff, Stop Orders, and Orders to Remedy Violations. The owner of the property has requested that the expired permits be extended for a period of two years. In light of those materials, Trustee Mark stated that he would suggest this is not the time to be granting a two-year extension of these building permits. He proposed and moved that the Board authorize and delegate the Staff to grant limited extensions of the relevant building permits for the site for the sole purpose of allowing the developer to address the violations cited and to either fix them or to come to some other solution to the problems noted and have that solution passed on by the Board of Architectural Review and other appropriate Land Use Boards of the Village. The sole purpose of the extension would be to make those corrections as are worked out. Trustee Mark further suggested that any such extension be for a limited period – not to exceed six (6) months and at the end of that period the developer can come back and reapply for further extensions provided that the conditions described have been satisfied. Seconded by Trustee Martin, the motion was carried by a unanimous vote. Before the vote was taken, Mayor Steves stated that he felt this approach was consistent with what the Board has tried to do in terms of the planning and development process in the Village. ******** Later on in the meeting, Trustee Lee asked if the Building Department would need guidance in determining a fee for the restricted permit extension. Village Manager Gatta responded that they would use the current fee structure, most likely taking into account the limited nature of the extension. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, seconded by Trustee Mark, the following resolution regarding Participation in Westchester County Hazard Mitigation Plan Update was adopted by a unanimous vote: Village Board of Trustees 01 -28-2014 P a g e | 22 WHEREAS, Westchester County has been awarded a Federal Emergency Management Agency (FEMA) grant to update their existing Hazard Mitigation Plan (HMP) as a full multi-jurisdictional plan; and WHEREAS, Westchester County has invited all municipalities within the County to participate in its HMP update which will fulfill the program’s regulatory plan update requirement for municipalities with existing plans while providing the others with a new HMP; and WHEREAS, the HMP serves two primary functions: (1) to identify the risks and hazards in the community and mitigation goals, objectives and actions to reduce damage from future natural hazards most likely to occur and (2) to establish eligibility for all federal mitigation grant funding for public and private mitigation projects; and WHEREAS, the Village completed its HMP, utilizing Federal Emergency Management Agency (FEMA) grant funds, in 2011 with formal acceptance by FEMA and adoption by the Village Board via resolution dated October 25, 2011; and WHEREAS, in accordance with the FEMA HMP program requirements, all existing HMP’s must be reviewed, updated as needed and re- adopted by FEMA and the local elected body on a five year basis; and WHEREAS, natural hazards most often occur on a regional basis and in the interest of shared services/regional cooperation, the New York State Office of Emergency Management (NYSOEM) and FEMA have indicated that municipal grant funding pursuant to single jurisdictional plans or updates will no longer be available and are strongly encouraging all municipalities to participate in a multi- jurisdictional plan; and WHEREAS, in order to participate in the Westchester County Plan, the Village must submit a letter of intent to the Westchester County Office of Emergency Management; now therefore be it RESOLVED, that the Village Board of Trustees herein authorizes the Village Manager to execute a letter of intent to participate in Westchester County’s Hazard Mitigation Plan update, in substantially the same form as attached hereto; and be it further Village Board of Trustees 01 -28-2014 P a g e | 23 RESOLVED, that the Village Manager is authorized to undertake all administrative acts required pursuant to the terms of said letter of intent. ******** Upon motion entered by Trustee Eisenman, seconded by Trustee Mark, the following resolution regarding the Rejection of Bids for VM Contract #1164 – Library Rain Garden Project was approved by a unanimous vote: WHEREAS, the Office of the Attorney General and New York State Department of Environmental Conservation established the Bronx River Watershed Initiative, a grant program managed by the National Fish and Wildlife Foundation (NFWF) using funds received from settlements, including the Village’s $78,975, resulting from violations associated with illicit pollution discharges from storm sewers into the Bronx River; and WHEREAS, utilizing the Village’s 2009 Comprehensive Stormwater Management Plan, the Village developed a grant proposal for a stormwater runoff reduction and water quality treatment project at the Scarsdale Public Library which involves the construction of four separate rain gardens totaling 1,800 square feet at the Library allowing for 90% of the stormwater run-off from the Library roofs (approximately 450,000 gallons) to infiltrate into the ground; and WHEREAS, the grant proposal also included the installation of up to 15 catch basin filters in sub-drainage basin area BR-7 to capture floatables and remove them from the storm drain system and ultimately the Bronx River; and WHEREAS, the Village was awarded a grant contract in the amount of $247,091.50 consisting of a cash grant of $188,091.50 by the NFWF (including $163,491.50 of construction costs and $24,600 of engineering design and bid costs), Village cash match of $26,100 and Village in-kind services of $32,900, said grant agreement approved by the Village Board via resolution dated August 13, 2013; and WHEREAS, at their August 13, 2013 meeting the Board also authorized a professional services agreement with Dvirka and Bartilucci Consulting Engineers (D&B), 4 West Red Oak Lane, White Plains, New York, for project engineering services including preparation Village Board of Trustees 01 -28-2014 P a g e | 24 of bid documents, cost estimate and construction management for a total cost of $24,600; and WHEREAS, D&B completed the construction bid documents and cost estimate in December 2013 and on December 31, 2013, the Village advertised for the receipt of bids under VM Contract #1164 – National Fish and Wildlife Foundation Storm Water Runoff Reduction and Water Quality Treatment – Public Library Rain Garden; and WHEREAS, a pre-bid meeting was held on January 10, 2014 with contractor questions asked at the meeting resulting in the issuance of a Contract Addendum on January 14, 2014; and WHEREAS, on the bid opening date of January 21, 2014, six bids were received with the apparent lowest bid submitted by Acocella Contracting, Inc., 68 Gaylor Road, Scarsdale, NY 10583 at a total bid of $266,600; and WHEREAS, the planned use of the Village $26,100 cash match is to purchase the catch basin filters outside of the construction contract scope and installed by Village DPW crews and as such the total amount of cash available to fund VM Contract #1164 is $163,491.50; and WHEREAS, the lowest bid received in the amount of $266,600 is in excess of the $163,491.50 of available funding, thus, the Village staff recommends rejecting all bids while the project is value engineered and/or additional grant funding is secured and made available; 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 #1164 – National Fish and Wildlife Foundation Storm Water Runoff Reduction and Water Quality Treatment – Public Library Rain Garden; and be it further RESOLVED, that the Village Manager is herein authorized to re-bid and re- advertise for the stormwater runoff reduction and water quality treatment project at the Scarsdale Public Library in accordance with the New York State General Municipal Law. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Village Board of Trustees 01 -28-2014 P a g e | 25 Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Mayor Steves noted that the Village remains committed to the Library Rain Garden project. It is a very interesting project and a very important one for the stormwater management of the Village. ******** Law Committee Upon motion entered by Trustee Lee, seconded by Trustee Eisenman, the following resolution regarding scheduling a Public Hearing on Proposed Amendments to Village Code Chapter 310-77 – “Wireless Telecommunications Facilities” was adopted by a unanimous vote: 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, February 11, 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. ******** Recreation Committee Upon motion entered by Trustee Lee, seconded by Trustee Mark, the following resolution regarding Authorization to Conduct an Annual 15K/4M Road Race was adopted by a unanimous vote: WHEREAS, for the past 44 years the Village of Scarsdale Recreation Department and the Scarsdale Antiques Running Club have co- sponsored an Annual 15K/4 Mile Run in the Fox Meadow and Greenacres neighborhoods; and Village Board of Trustees 01 -28-2014 P a g e | 26 WHEREAS, this annual event is planned again for this year and has been scheduled for April 6, 2014; and WHEREAS, the Village of Scarsdale Parks, Recreation, and Conservation Department has submitted an application to the Scarsdale Police Department for use of the public roadways to conduct a road race; and WHEREAS, the Scarsdale Police Department recently reviewed and approved the road race application pending intra-departmental coordination of traffic control and notification to all affected residents of the race day detours as well as Village Board approval; now therefore be it RESOLVED, that the Board of Trustees of the Village of Scarsdale hereby grants permission to the Village of Scarsdale Recreation Department to conduct the Annual 15K/4 Mile Run on Sunday, April 6, 2014 in the Fox Meadow and Greenacres neighborhoods. ******** Other Committee Reports Trustee Stern reported for the Sustainability Committee, stating that he felt it was the right time for this Board to encourage the residents to mulch leaves. He stated that the Town of Greenburgh has stopped picking up leaves and requires the Town residents to bag all of their leaves. The Village of Scarsdale is mulching all of the leaves on all the public properties – we have a system in place, as well as expertise and results. He stated again that it is time right now for this Board to strongly encourage residents to mulch leaves and find a way to do that. Trustee Stern would like the Board to take up this issue when time permits. Mayor Steves stated that there is a Sustainability Committee of the Board; the Board will convene a meeting of that Committee when it works in the schedule. ******** Liaison Reports None. ******** Written Communications Village Board of Trustees 01 -28-2014 P a g e | 27 None. ******** Future Meeting Schedule:  February 10, 2014 – Committee of the Whole (General Discussion – Homestead Act)– 6:00 P.M. – 3rd Flr. Mtg. Rm.  February 11, 2014 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  February 11, 2014 – Board of Trustees – 8:00 P.M. – Rutherford Hall FY 2014/15 Budget Discussions  Finance Committee: Wednesday, January 29, 2014 - 10:30 A.M. Tuesday, February 11, 2014 – 6:30 P.M. Thursday, February 13, 2014 - 6:30 P.M. Tuesday, March 11, 2014 – 6:30 P.M.  Public briefing sessions – 3rd Floor Meeting Room: Wednesday, February 26, 2014 – 7:00 P.M. – Operating Budget Wednesday, March 5, 2014 – 7:00 P.M. – Capital Budget ******** Village Hall Schedule  Wednesday, February 12, 2014 – Lincoln’s Birthday – Village Hall Closed  Monday, February 17, 2014 – President’s Day – Village Hall Closed ******** There being no further business to come before the Board, the meeting adjourned at 8:50 P.M. on a motion entered by Mayor Steves, seconded by Trustee Mark and carried by a unanimous vote. Donna M. Conkling Village Clerk