Board of Trustees

Board of Trustees Meeting 2-22-11 P a g e | 59 THREE THOUSAND ONE HUNDRED TWENTY-SEVENTH REGULAR MEETING Rutherford Hall Village Hall February 22, 2011 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, February 22, 2011 at 8:00 P.M. Present were Mayor Stevens, Trustees Eisenman, Flisser, Mark, Steves, and Toder. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Acting Village Attorney Sapienza, Village Clerk Conkling, Village Treasurer McClure, Assistants to the Village Manager Azrelyant and Datino, and Administrative Intern Goodwin. ******** Mayor Stevens presided. ******** The minutes of the Board of Trustees meeting of February 8, 2011 were approved as amended on a motion entered by Trustee Eisenman, seconded by Trustee Toder, and carried unanimously. ******** Bills & Payroll Trustee Mark reported that he had audited the Abstract of Claims dated February 22, 2011 in the amount of $1,751,907.89 which includes $107,414.79 of Library claims previously audited by a Trustee of the Library Board and found them to be in order. Upon motion duly made by Trustee Mark and seconded by Trustee Toder, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated February 22, 2011 in the amount of $1,751,907.89 is hereby approved. ******** Mayor’s Comments Mayor Stevens gave the following comments: Board of Trustees Meeting 2-22-11 P a g e | 60 “Tomorrow evening at 7:00 PM is the public briefing session on the Operating Budget and March 2nd at 7:00 PM is the briefing session on the Capital Budget. I would suggest anyone having interest attend those sessions. We will also however hold an additional briefing session on the budget that we will record and televise…and we will advise you of the date shortly. The highlights of the budget are that proposed tax rate increase for FY 2011-2012 will be 5.54% or an average of $287.22 for the median assessed home. The entire increase is attributable to the increase in the Village’s pension payment for next year which will rise $ 1.4 Million (a 64% increase over this year) and Healthcare costs which will rise over $800,000 next year (or an increase of almost 17%)– both of these numbers are controlled by the state. 1.5% is also attributable to the loss of assessed value. This budget reflects cuts in most department budgets, absorbs contractual pay increases, and stops short of cutting services. It also includes a decimation of the capital budget. If we had been forced to only a 2% tax rate increase (as is being considered by the State Assembly) we would have to have had to cut services. I will be going to Albany next week for the NYCOM legislative conference – of highest priority is to let the legislature know that a tax cap is not rational without mandate relief. Tonight we also have the next step in our revaluation process. We have a resolution that will instruct the Manager to promulgate the RFP for a company to conduct the revaluation as of September 15th of this year. The staff has prepared a rough draft of the RFP but it needs some additional work. We also hope by then to have data from the county’s aerial and oblique photography that will help lower the cost of the process. I would also remind everyone that a new law went into effect recently concerning cell phone use while driving. You can get two points on your license if you are found guilty of using your phone without a hands free device or if found texting while driving.” ******** Manager’s Comments Village Manager Gatta reported on the storm event Saturday evening which downed trees in fourteen places. Wind gusts were up to 55 mph. There were wires down in some of these locations. Eight personnel were called in that evening and were divided into two crews clearing debris. Fifty-two overtime hours were accrued. On Monday, Presidents’ Day, a six inch snowfall required 25 personnel to be called in from Public Works and Sanitation, and mechanics to take care of equipment. The crews worked for 17 hours (1:00 a.m. to 6:00 P.M.), clearing snow. He stated that they are trying to hold expenditures down to end the year with a positive balance, but these situations make it more difficult. ******** Board of Trustees Meeting 2-22-11 P a g e | 61 Public Comment There being no comments offered, the public comment portion of the meeting was opened and then closed. ******** Finance Committee Trustee Steves reported on the Statements of Expense and Revenue for the various funds of the Village for the first eight months of fiscal year 2010-2011. General Fund appropriations were 64.20% spent as of January 2011, which is up .17% from the percentage of 64.03% in 2010. General Fund revenues other than property taxes are $9,547,168 through January 2011 compared to $8,643,655 through January 2010, an increase of $903,500. Six revenue categories increased over last year: Sales tax revenue is up $206,600. Parking Permits and Meter revenue increased $89,700 over last year due to the demand for Christie Place and increased meter revenue. Mortgage tax revenue increased $186,800 over the comparable period last year. Additionally, Recreation fees increased $135,800 over last year. Special Assessments and Delinquent Taxes show an increase of $140,700 and the Sale of Equipment and Insurance Recoveries increased $108,700. There were modest increases in other revenue categories: $51,400 in Departmental Fees, $54,600 in Licenses and Permits and $57,900 in State Aid. Scarsdale had received the bulk of the reimbursements from FEMA and SEMO resulting in this increase. These increases offset decreases in Property Rentals of $110,400. The decline in rental income is due to the Con Ed check of $121,000 received in September 2009 that had been lost in the mail since December 2008. The actual collection of Village taxes through January 31, 2011 is 99.25% which is 0.23% higher than the 2010 collection percentage of 99.02%. ******** Upon motion entered by Trustee Steves, and seconded by Trustee Toder, the following resolution regarding Appropriation of Insurance Reimbursement was adopted by the vote indicated below: WHEREAS, as part of its fleet, the Police Department utilizes patrol vehicles in order to conduct Police Department operations such as general patrol, traffic enforcement and other police related duties; and WHEREAS, one of the vehicles, a 2009 Ford Crown Victoria Police Interceptor P71, was damaged beyond repair in a motor vehicle accident that occurred in December 2009; and Board of Trustees Meeting 2-22-11 P a g e | 62 WHEREAS, the driver of the vehicle that collided with the police vehicle was found to be at fault for the accident and a payment of $18,809 was provided to the Village from his insurance company; and WHEREAS, the Village recently received an insurance claim reimbursement in the amount of $18,809 for this vehicle and it is prudent for the Village Board to appropriate said reimbursement funds to the Capital Fund, providing the necessary appropriation to replace this patrol vehicle; now therefore be it RESOLVED, that the Village Board of Trustees herein appropriates $18,809 from the 2010/2011 General Fund Revenue Account to the Capital Fund Project Account as identified below, in accordance with the above referenced insurance claim reimbursement: From: To: A-1000-022 2680-01 $18,809 H-3197-962 2011-031 $18,809 (Insurance Recoveries) (Police Vehicles); and be it further RESOLVED, that the Capital Budget be amended to reflect these additional funds. AYES NAYS ABSENT Trustee Flisser None Trustee Irwin Trustee Eisenman Trustee Mark Trustee Steves Trustee Toder Mayor Stevens ******** Land Use Committee Upon motion entered by Trustee Toder, and seconded by Trustee Flisser, the following resolution to schedule a public hearing for a Special Use Permit Application in the Christie Place Development Project was adopted by a unanimous vote: WHEREAS, C.P. Retail LLC has filed an application, in the form of a letter, applying for Special Use Permit approval for one of the retail spaces available in the Christie Place Development Project, located in the Village Center PUD 0.8-1.0 zoning district; and Board of Trustees Meeting 2-22-11 P a g e | 63 WHEREAS, Chapter 310-12(B)(6) of the Village Code states that permitted ground floor uses in the PUD 0.8 – 1.4 zoning district require a Special Use Permit from the Village Board of Trustees; and WHEREAS, Chapter 310-28.1(B) of the Village Code states that the procedure for the Village Board of Trustees to consider Special Use Permits shall include a Public Hearing held on notice duly given in the same manner as is required by law for zoning amendments and only after a review of the report and recommendation of the proposed plan by the Planning Board; and WHEREAS, the Planning Board, on April 26, 2006, adopted a resolution, pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 152 of the Village Code, finding that the project, including issuance of Special Use Permits, would not have any significant adverse environmental impacts, thus no further environmental review is required; and WHEREAS, the Planning Board, in granting Site Plan approval for the Christie Place Project on June 28, 2006, did so subject to the applicant’s seeking Special Use Permits from the Village Board of Trustees for each of the individual permitted ground floor retail uses for the 12,000 sq. ft. of retail available in the development, including one bank and one restaurant; and WHEREAS, the applicant, C.P. Retail, LLC, has identified one tenant, Patisserie Salzburg, to utilize approximately 2,543 sq. ft. of retail space and is now seeking a Special Use Permit for this use; and WHEREAS, the Village Board of Trustees, on January 11, 2011, pursuant to Village Code Chapter 310-28.1(B), hereby referred the application for Special Use Permit approval for retail space in the Christie Place Development Project, to the Planning Board for review and recommendation and further waived the 60 day time period, pursuant to Chapter 77-2 of the Village Code, for receipt of the Planning Board’s report; and WHEREAS, the Planning Board considered the referral at its February 16, 2011 meeting; and WHEREAS, the Planning Board, on February 16, 2011, recommended the Village Board of Trustees favorably consider approving the application of CP Retail LLC for a Special Use Permit for the proposed retail tenant, Patisserie Salzburg, at 140 Christie Place, Scarsdale, NY 10583; now therefore be it Board of Trustees Meeting 2-22-11 P a g e | 64 RESOLVED, that the Village Board of Trustees, pursuant to Village Code Chapter 310-12 (B)(6), hereby schedules a Public Hearing on March 8, 2011 regarding the application of CP Retail LLC for a Special Use Permit for the proposed retail tenant, Patisserie Salzburg, at 140 Christie Place, Scarsdale, NY 10583 . ******** Personnel Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Mark, the following resolution regarding authorization to execute a Collective Bargaining Agreement with the Scarsdale Police Benevolent Association, Incorporated was referred to Committee: WHEREAS, the Stipulation and Memorandum of Agreement between the Village of Scarsdale (“Village”) and the Scarsdale Police Benevolent Association, Incorporated (“SPBA”), dated February 4, 2011, attached hereto and made a part hereof, includes the terms and conditions of employment, for the period June 1, 2009 through and including May 31, 2013 and has been negotiated in good faith by both parties and is herein submitted to the Village Board of Trustees for approval; now therefore be it RESOLVED, that the Stipulation and Memorandum of Agreement between the Village and the SPBA, regarding the terms and conditions of employment, for the period June 1, 2009 through and including May 31, 2013, is hereby approved; and be it further RESOLVED, that the Village Manager and Human Resources Director are hereby authorized to execute a Collective Bargaining Agreement in its final form for the period June 1, 2009 through and including May 31, 2013 between the Village of Scarsdale and SPBA, incorporating the terms and conditions of said Stipulation and Memorandum of Agreement. ******** Law Committee Upon motion entered by Trustee Mark, and seconded by Trustee Steves, the following resolution regarding Property Tax Assessment was adopted by a unanimous vote: WHEREAS, property tax revenues in Westchester County are the primary source of funding the County government, local governments, school and special districts that account for approximately $4 billion dollars each year to support local services including public Board of Trustees Meeting 2-22-11 P a g e | 65 safety, public works, education, sewers, health, human services and housing; and WHEREAS, in order for any level of taxes to be supported by the public, citizens must believe that the tax system is uniform in application and equitable in incidence, which for the property tax translates to achieving updated and accurate property inventories and applying standard valuation methodologies; and WHEREAS, the Village of Scarsdale has last reassessed its approximately 5,900 properties in 1969 resulting in the current condition of lack of public confidence in the system and an extraordinary number of annual tax appeals; and WHEREAS, these tax appeals, including Board of Assessment Review reductions, certiorari and small claims settlements result in refunds that the entire community bears the burden to satisfy and when combined with the costs of defending values, creates a greater financial burden on residents and destabilizes the predictably of calculating annual tax rates; and WHEREAS, the property taxes are the dominant source of revenue for the Village and it is necessary and appropriate to reassess all property in the Town/Village of Scarsdale to enhance fairness and strengthen equal protection for property owners in the community, now therefore be it RESOLVED, that the Mayor and Board of Trustees of the Town/Village of Scarsdale request that the Village Administration prepare and advertise a Request For Proposals (RFP) to retain a professional and expert firm to conduct a revaluation of property in the Town/Village of Scarsdale and provide to the Village Board by September 15, 2011 a draft agreement, including costs with the most highly qualified firm to respond to the RFP for its review and consideration. ******** Municipal Services Committee Upon motion entered by Trustee Flisser and seconded by Trustee Eisenman, the following resolution regarding SEQRA Review and Findings – Fox Meadow Detention Stormwater Improvement Project was adopted by the vote indicated below: WHEREAS, the Fox Meadow Detention Improvements project incorporates four separate stormwater improvement projects to divert, detain and release stormwater within Village identified sub-drainage basin areas BR-4 and BR-7, located within the larger Fox Meadow Board of Trustees Meeting 2-22-11 P a g e | 66 Brook Drainage area which flows from the White Plains border south to the Bronx River, and preliminarily involves the development of three dry bio-detention basins at George Field Park, Cooper Green and Harcourt Woods and diversion along Brewster Road, a frequently flooded area; and WHEREAS, the Village Board performed a State Environmental Quality Review after determining the action was an Unlisted Action pursuant to 6 NYCRR 617.2 (ak), declaring its intent to be Lead Agency and circulating the Short Environmental Assessment Form to involved agencies, and, at their meeting on April 23, 2009, determined that the project will not have a significant negative impact on the environment, as the detention and diversion improvements will provide for improved stormwater management and significantly reduce flooding and improve water quality; and WHEREAS, the Village Board, at their March 23, 2010 meeting, authorized the issuance of $3,190,000 in bonds for this project; and WHEREAS, Westchester County has awarded a Flood Mitigation Program grant for the project of $1,450,000, funding 50% of the estimated $2,900,000 project, the balance of which is to be funded by the Village; and WHEREAS, the New York State Environmental Facilities Corporation (EFC) jointly administers the Clean Water State Revolving Fund (CWSRF) with the New York State Department of Environmental Conservation; and WHEREAS, the CWSRF provides low-interest financing to municipalities to construct water quality protection projects including stormwater management projects such as the Fox Meadow Detention Stormwater Improvement Project; and WHEREAS, the CWSRF requires that the potential environmental and historic preservation impacts of projects under consideration for EFC financing be assessed by the municipality, specifically that a coordinated review be conducted pursuant to SEQRA utilizing a Full Environmental Assessment Form; and WHEREAS, the State Historic Preservation Office reviewed the Fox Meadow Detention Stormwater Improvement Project and found that there would be no impact upon cultural resources in or eligible for inclusion in the State and National Register of Historic Places; and WHEREAS, the Village Board at its January 11, 2011 meeting, indicated its intent to act as Lead Agency in this matter pursuant to 6 NYCRR Board of Trustees Meeting 2-22-11 P a g e | 67 617.6(b) with the interested agencies notified by letter dated January 13, 2011, attached hereto and made a part hereof; and WHEREAS, none of the three interested agencies responded in objection to this notice of intent letter within the thirty day period under SEQRA and as such, the Village Board may declare itself Lead Agency in this matter; now therefore be it RESOLVED, that the Village Board hereby declares itself Lead Agency, having heard no objection from interested agencies; and be it further RESOLVED, that after careful examination of the sites and evaluation of the information submitted on the project application and on the Full Environmental Assessment Form, attached hereto and made a part hereof, the Village Board reaffirms its determination that the proposed action will not have a significant negative impact on the environment, as the aforementioned proposed Fox Meadow Detention Improvements will provide for improved storm water management, significantly reduce flooding and improve water quality. AYES NAYS ABSENT Trustee Flisser None Trustee Irwin Trustee Eisenman Trustee Mark Trustee Steves Trustee Toder Mayor Stevens ******** Upon motion entered by Trustee Flisser and seconded by Trustee Mark, the following resolution regarding Application for Interest Subsidized Financing – New York State Environmental Facilities Corporation – Fox Meadow Detention Stormwater Improvement Project was adopted by the vote indicated below: WHEREAS, the Fox Meadow Detention Improvements project incorporates four separate stormwater improvement projects to divert, detain and release stormwater within Village identified sub-drainage basin areas BR-4 and BR-7, located within the larger Fox Meadow Brook Drainage area which flows from the White Plains border south to the Bronx River, and preliminarily involves the development of three dry bio-detention basins at George Field Park, Cooper Green and Harcourt Woods and diversion along Brewster Road, a frequently flooded area; and WHEREAS, the Village Board performed a State Environmental Quality Review after determining the action was an Unlisted Action Board of Trustees Meeting 2-22-11 P a g e | 68 pursuant to 6 NYCRR 617.2 (ak), declaring its intent to be Lead Agency and circulating the Full Environmental Assessment Form to involved agencies, and, at their meeting on February 22, 2011, determined that the project will not have a significant negative impact on the environment, as the detention and diversion improvements will provide for improved stormwater management and significantly reduce flooding and improve water quality; and WHEREAS, the Village Board, at their March 23, 2010 meeting, authorized the issuance of $3,190,000 in bonds for this project; and WHEREAS, Westchester County has awarded a Flood Mitigation Program grant for the project of $1,450,000, funding 50% of the estimated $2,900,000 project; and WHEREAS, the New York State Environmental Facilities Corporation (EFC) jointly administers the Clean Water State Revolving Fund (CWSRF) with the New York State Department of Environmental Conservation; and WHEREAS, the CWSRF provides low-interest financing to municipalities to construct water quality protection projects including stormwater management projects such as the Fox Meadow Detention Stormwater Improvement Project; and WHEREAS, the CWSRF requires that the Village Board authorize the Village Manager to make application for CWSRF assistance; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute a New York State Environmental Facilities Corporation Clean Water State Revolving Fund Application form, in substantially the same form as attached hereto. AYES NAYS ABSENT Trustee Flisser None Trustee Irwin Trustee Eisenman Trustee Mark Trustee Steves Trustee Toder Mayor Stevens ******** Upon motion entered by Trustee Flisser and seconded by Trustee Eisenman, the following resolution to award VM Contract #1101 Proposal “A” – Furnish and Deliver One (1) or More Leaf Machine(s) and Leaf Vacuum Machine Parts was adopted by the vote indicated below: Board of Trustees Meeting 2-22-11 P a g e | 69 WHEREAS, the Village of Scarsdale through its Public Works Department annually collects fall leaves from Village residences, and WHEREAS, this leaf program necessitates the annual purchase of one (1) or more leaf vacuum machines to assist in the collection of the leaves, and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on January 7, 2011 and sent bid proposals to seven (7) vendors and placed the contract on BidNet, and WHEREAS, on February 1, 2011, the bid opening date, one (1) bid was received, and WHEREAS, the lowest responsible bidder meeting bid specifications for Proposal “A” of VM Contract # 1101 - Furnish and Deliver One (1) or More Leaf Vacuum Machine(s), was Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716, for the unit bid price of $27,491.00, and WHEREAS, the Village has been satisfied with equipment previously purchased from Trius, Inc.; and WHEREAS, this contract has a term of two (2) years and should funds be available in the FY 2011/12 Operating or Capital Budgets, an additional leaf machine may be purchased pursuant to the contract; now therefore be it RESOLVED, that Proposal “A” of VM Contract # 1101 – Furnish and Deliver One (1) or More Leaf Vacuum Machine(s) & Leaf Machine Parts be awarded to the lowest responsible bidder meeting bid specifications, Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716, for the unit bid price of $27,491.00; and be it further RESOLVED, that the cost of the leaf machine be charged to FY 2010/11 General Fund Account # A-1490-HWY-LFCOL-200 20 and charged to same account for FY 2011/12 subject to the availability of adequate budget appropriations; and be it further RESOLVED, that the Village Manager is hereby authorized to execute Proposal “A” of VM Contract # 1101 on behalf of the Village of Scarsdale with Trius, Inc., 458 Johnson Avenue, P.O. Box 158, Bohemia, NY 11716; and be it further Board of Trustees Meeting 2-22-11 P a g e | 70 RESOLVED, that the Village Manager is herein authorized to undertake all administrative acts as may be required under the terms of the contract. AYES NAYS ABSENT Trustee Flisser None Trustee Irwin Trustee Eisenman Trustee Mark Trustee Steves Trustee Toder Mayor Stevens ******** Upon motion entered by Trustee Flisser and seconded by Trustee Eisenman, the following resolution to award VM Contract #1101 Proposal “B” – Furnish and Deliver One (1) or More Leaf Machine(s) and Leaf Vacuum Machine Parts was adopted by the vote indicated below: WHEREAS, the Village of Scarsdale through its Public Works Department annually collects fall leaves from Village residences, and WHEREAS, this leaf program necessitates the annual purchase of leaf vacuum machines parts, and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on January 7, 2011 and sent bid proposals to seven (7) vendors and placed on BidNet, and WHEREAS, on February 1, 2011, the bid opening date, one (1) bid was received, and WHEREAS, the lowest responsible bidder meeting bid specifications for Proposal “B” on VM Contract # 1101 – Furnish and Deliver One (1) or More Leaf Machine(s) & Leaf Vacuum Machine Parts was Old Dominion Brush Company (ODB), 5118 Glen Alden Drive, Richmond, VA 23231, at the unit bid prices identified on the bid tabulation sheet, attached hereto and made a part hereof; and WHEREAS, the Village has been satisfied with leaf machine parts provided previously by ODB; and WHEREAS, this contract has a term of two (2) years; now therefore be it RESOLVED, that Proposal “B” of VM Contract # 1101 - Furnish and Deliver One (1) or More Leaf Machine(s) & Leaf Vacuum Machine Parts be awarded to the lowest responsible bidder meeting bid specifications, Old Dominion Brush Company, 5118 Glen Alden Board of Trustees Meeting 2-22-11 P a g e | 71 Drive, Richmond, VA 23231 at the unit bid prices, attached hereto and made a part hereof, based on estimated quantities not to exceed budget appropriations; and be it further RESOLVED, that the cost of the items purchased from Proposal “B” be charged, subject to the availability of adequate budget appropriations in Fiscal Year 2011/12, to General Fund Account # A-1490-HWY-LFCOL-400 462; and be it further RESOLVED, that the Village Manager is hereby authorized to execute Proposal “B” of VM Contract # 1101 on behalf of the Village of Scarsdale with Old Dominion Brush Company, 5118 Glen Alden Drive, Richmond, VA 23231; and be it further RESOLVED, that the Village Manager is herein authorized to undertake all administrative acts as may be required under the terms of the contract. AYES NAYS ABSENT Trustee Flisser None Trustee Irwin Trustee Eisenman Trustee Mark Trustee Steves Trustee Toder Mayor Stevens ******** Upon motion entered by Trustee Flisser and seconded by Trustee Eisenman, the following resolution regarding Change Orders for Modifications to Contract VM #1056 – General Construction, Public Safety Building Addition and Renovation Project was adopted by the vote indicated below: WHEREAS, the Village Board of Trustees, at their February 10, 2009 meeting, awarded VM Contract # 1056 – General Construction, Public Safety Building Addition and Renovation Project, to the lowest responsible bidder, Piazza Inc., 420 Columbus Avenue, Valhalla, NY 10595, for a total contract award of $5,954,000 itemized as follows: Base Bid $5,898,000; Alternate #A-1 (High Density Storage Unit) $34,000; Alternate #A-2 (Kitchen Upgrades) $22,000; and WHEREAS, during the course of construction, certain modifications were necessary to the general construction portion of the project in response to field conditions encountered and additional items requested by the Village; and Board of Trustees Meeting 2-22-11 P a g e | 72 WHEREAS, at their meeting on January 26, 2010 the Village Board authorized Change Orders# PZB-001 thru PZB-012, totaling $196,445.84 and at their meeting on June 8, 2010 the Village Board authorized Change Orders# PZB-013 thru PZB-020 totaling $175,482.65, which yielded a revised contract amount of $6,325,928.49; and WHEREAS, at their meeting on December 14, 2010 the Village Board authorized Change Orders# PZB-021 thru PZB-024, totaling $40,089.20, paid in full utilizing part of the $50,000 construction allowance in the General Construction contract, therefore, the contract sum did not increase; and WHEREAS, further field conditions have been encountered and additional items have been requested by the Village necessitating additional general construction work beyond the scope of the original contract; and WHEREAS, Change Orders #PZB-025 thru PZB-033, attached hereto and made a part hereof, total $136,143.71 and involve various structural modifications though the installation of additional steel beams and supports to the Apparatus Bay area and south side of the Fire Department portion of the building and other sections of the existing building; and WHEREAS, these new change orders in conjunction with previous authorized change orders result in a total change order total of $508,072.20 and a revised contract sum of $6,462,072.20; and WHEREAS, Change Orders #PZB-025 thru PZB-033 have been reviewed and negotiated by Village staff, Peter Gaito & Associates (PGA), the project Architect, and Calgi Construction Corporation (Calgi), the Village’s Construction Management consultant and have been deemed reasonable for the necessary scope of construction work; and WHEREAS, Section 2.9 of the Village Internal Control Policy requires Village Board approval of change orders for contracts greater than $500,000 when the aggregate amount of change orders exceeds 20% or $200,000 of the contract amount; now therefore be it RESOLVED, that in accordance with Section 2.9 of the Village of Scarsdale Internal Control Policy, Change Orders #PZB-025 thru #PZB- 033, totaling $136,143.71, are herein authorized for additions and modifications to VM Contract #1056 - General Construction, Public Safety Building Addition and Renovation Project; and be it further Board of Trustees Meeting 2-22-11 P a g e | 73 RESOLVED, that the $136,143.71 cost of said additions and modifications be charged to the Public Safety Building Capital Budget Account #H-3197-962 2007-034B. AYES NAYS ABSENT Trustee Flisser None Trustee Irwin Trustee Eisenman Trustee Mark Trustee Steves Trustee Toder Mayor Stevens ******** Upon motion entered by Trustee Flisser and seconded by Trustee Eisenman, the following resolution regarding the Ardsley Road Pump Station Improvement Project Change Order #10 – VM Contract #1021-G, Eventus Construction Company, was adopted by the vote indicated below: WHEREAS, in accordance with the Village Capital Budget and Plan, the Ardsley Road Pump Station is currently being rehabilitated with state of the art real time pumping, control, chlorination and anti-corrosion equipment and systems; and WHEREAS, a general construction contract was awarded to Eventus Construction Company, 1 Mahopac Avenue, P.O. Box 419, Amawalk, NY 10501 on September 11, 2007, for the Ardsley Road Pump Station Improvement Project for a total contract amount of $1,352,500; and WHEREAS, nine (9) change orders totaling $928,464.42 have been required for additional general construction work to date including a sewer main installation in Ardsley Road, hazardous material removal, new floor drainage in the basement, the installation of a concrete wall in a chemical storage area, the construction of a new concrete wall with a new door lintel in the orthophosphate room and the installation of additional pipe supports, resulting in a revised current total contract amount of $2,280,964.42; and WHEREAS, an additional change order is required to enhance control strategy for the standby chemical feed pumps for caustic and orthophosphate chemicals and to furnish and install a Board of Trustees Meeting 2-22-11 P a g e | 74 pulse duration receiver to receive an indication of the water level in the Boniface Standpipe; and WHEREAS, the Superintendent of the Water Department and Malcolm Pirnie, Inc., the Village’s construction management firm, negotiated a contract change order with Eventus Construction Company, Inc. to complete the additional work, said Contract Change Order #10 totaling $7,972.20 resulting in a new total revised construction contract amount of $2,288,936.62; and WHEREAS, Section 2.9 of the Village Internal Control Policy (ICP) requires Village Board approval of change orders for contracts greater than $500,000 when the aggregate amount of the change orders exceeds 20% or $200,000 of the contract amount; now therefore be it RESOLVED, that the Village Manager is, herein, authorized to execute Change Order #10 for VM Contract #1021-G, Ardsley Road Pump Station Improvement Project General Construction in the amount of $7,972.20 in accordance with the attached February 17, 2011 memorandum and Contract Change Order #10; and be it further RESOLVED, that the costs associated with Change Order #10 be charged to Capital Budget Account # EWS-8310-PUMP- CAPTL-500-50, Ardsley Road Pump Station Improvement Project, upon sufficient funds being transferred from the Water Department Fund Balance Account for the additional cost. AYES NAYS ABSENT Trustee Flisser None Trustee Irwin Trustee Eisenman Trustee Mark Trustee Steves Trustee Toder Mayor Stevens ******** Other Committee Reports None. ******** Liaison Reports Board of Trustees Meeting 2-22-11 P a g e | 75 None. ******** Written Communications None. ******** Future Meeting Schedule Mayor Stevens announced the following future meeting schedule:  March 7, 2011 – Personnel Committee – 6:30 P.M. – Trustees’ Room  March 8, 2011 – Agenda Meeting – 7:45 P.M. – Trustees’ Room  March 8, 2011 – Board of Trustees Meeting – 8:00 P.M. – Rutherford Hall Fiscal Year 2011/12 Budget Discussions: Finance Committee Tuesday, March 8, 2011 – 6:30 P.M. – Trustees’ Room Public Budget Briefing Session (Operating Budget) Wednesday, February 23, 2011 – 7:00 P.M. – Trustees’ Room Public Budget Briefing Session (Capital Budget) Wednesday, March 2, 2011 – 7:00 P.M. – Trustees’ Room ******** There being no further business to come before the Board, the meeting adjourned at 8:30 P.M. Donna M. Conkling Village Clerk