Board of Trustees

Village Board of Trustees 04 -22-2014 P a g e | 130 THREE THOUSAND TWO HUNDRED FOURTH REGULAR MEETING Rutherford Hall Village Hall April 22, 2014 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, April 22, 2014 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Lee, Mark, Martin, Pekarek, and Samwick. Also present were Acting Village Manager Pappalardo, Village Attorney Esannason, Deputy Village Attorney D’Andrea, 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 April 8, 2014 were approved on a motion entered by Trustee Brodsky, seconded by Trustee Lee, and carried unanimously. ******** Bills & Payroll Trustee Lee reported that he had audited the Abstract of Claims dated April 22, 2014 in the amount of $842,619.62 which includes $49,352.94 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Lee and seconded by Trustee Brodsky, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated April 22, 2014 in the amount of $842,619.62 is hereby approved. ******** Mayors Comments Mayor Steves stated that at the last meeting, he advised the community that Westchester County will close the southbound exit from the Bronx River Parkway onto Crane Road. The Village has received more firm information; the County expects to close the exit beginning on Saturday, April 26th at 10:00 A.M. for approximately three (3) months. Village Board of Trustees 04 -22-2014 P a g e | 131 The re-opening date is tentatively scheduled for July 26th. During that time, the southbound Bronx River Exit 12, Crane Road will be closed. Mayor Steves suggested to the community that they map out alternative routes to get to the Village Center to visit the downtown merchants, shop and do other activities. ******** Managers Comments Acting Village Manager Pappalardo reported that this morning at the Reeves Newsome Pump Station, as part of the ongoing renovation project, the water needed to be shut down in order to continue to work on one of the pumps. The valve failed when they tried to shut the water down, creating a situation where the line and a valve are leaking. He stated that they have been trying all day to get the water shut down and as of 8:00 P.M. this evening, they have not yet been able to shut the water down. The area between the Bronx River, east to Post Road, north to Kingston Road and south to Butler Road will experiencing discoloration, low water pressure ******** Public Hearing Trustee Martin, Chair of the Finance Committee, opened the public hearing on the Fiscal Year 2014-2015 Tentative Budget for comment. Joan Frankle, representing the League of Women Voters of Scarsdale gave the following report: “The League of Women Voters of Scarsdale (the “League” or “LWVS”) held a membership meeting on Monday, March 31, 2014 to evaluate the 2014-2015 Tentative Village Budget. We thank Village Manager Al Gatta, Deputy Village Manager Steve Pappalardo, Village Treasurer Mary Lou McClure and Trustee Stacey Brodsky for attending the meeting and addressing our questions related to the proposed budget, as well as potential issues going forward. The League supports the proposed FY 2014-15 budget. We commend the Village staff, Mayor Bob Steves, the Board of Trustees (the “Board”) and it’s Finance Committee for conducting a well-managed, thoughtful process and proposing a budget that evidences careful planning, taking into consideration both the current and the anticipated needs of the village. The League understands that it was necessary for the Board to vote to exceed the state-mandated tax levy limit (as calculated this year, 2.49%). The amount by which the proposed tax levy will exceed the tax levy limit is currently estimated to be $517K. Village Board of Trustees 04 -22-2014 P a g e | 132 The proposed tax rate increase is 3.33% or an increase of approximately $199 for a homeowner with an average assessed value of $23,900. The budget proposes a 4.05% increase ($2.051M) in expenditures from the 2013-14 adopted budget. Highlights include:  slight to no growth in non-property tax revenues, such as sales tax, mortgage tax, gross receipts taxes on utilities, and interest income;  increases in noncontrollable costs, such as employee pension and health insurance, and contractual obligations (increases in pension, workers compensation and health insurance costs alone account for approximately $509.9K);  maintenance of number of positions following four years of reducing the number of positions;  maintenance of services and programs at current levels. Deferral of Capital Projects We appreciate that the Village maintains a 5-year capital plan and aims to maintain debt service as level as possible. However, the League has concerns about the continued deferral of capital projects, including acquisition of equipment for use by the Department of Public Works, removal of the underground storage tank at Village Hall, renovation of the third floor in Village Hall, addressing security issues in Rutherford Hall, Freightway garage issues, and road resurfacing. We recognize that the decision to defer these projects is a result of the Board’s efforts to minimize property tax increases in this current economic environment. However, the League believes the Village is walking a tight rope in continuing to forego these necessary projects and hopes that the Village will address these projects in the near future. Sanitary Sewer Service Fee The League commends the Village for instituting this fee as it provides a dedicated fund for repairing/maintaining and upgrading the sanitary sewer system. In addition, monies from this fund can be used to repair and maintain storm water facilities (e.g. drainage improvements, cleaning and TV inspection of pipes, pipe lining, catch basin cleaning) when impacted by the sewer system, ensuring that the Village adheres to storm water compliance programs.” Susie Rush, representing the Scarsdale LWV, continued with the report: Other budget items The League also commends the Village in particular for: - undertaking an analysis of health insurance options, and supports the Village’s efforts in current and upcoming union contract negotiations to seek increased health insurance contributions from union members; - continuing to maintain the same high level of services with a reduced staff, in part by increasing productivity and use of technology; Village Board of Trustees 04 -22-2014 P a g e | 133 - looking at ways to reduce sick time, the only controllable component in connection with overtime in the Fire Department (represents 37% of the overtime costs). The League looks forward to learning the results of the new program rolled out on April 1st; - settling three of the five expired union contracts that were unsettled at this time last year; - applying unassigned and assigned fund balances ($1.173M) to certain expenses to keep the tax rate low (resulting in a tax rate savings of approximately 3.43%). Library Capital Plan The League is pleased that the Village is reestablishing the approach of a public/private partnership to fund the capital improvements to the Library, as currently being contemplated, to bring the facility up-to-date. We recommend that the Village explore the public/private partnership approach in other contexts as may be appropriate, such as in connection with maintaining athletic fields in the community. Village at a Crossroads Faced with a third year of the state mandated tax cap, the Village has been challenged to maintain services at current levels. Even with the meticulous budget planning process that the Village staff and Village Board have adhered to over the past several years, continued rising costs of which a significant portion is not controllable – and the prospect of increasing non-property tax revenues dim, we believe the Village has reached a crossroads. We must ask ourselves how the Village will be able to sustain the services the community has come to expect in the manner in which they have historically been delivered. As noted by the Village Manager, as a result of the tax cap law and the Governor’s efforts to incentivize municipalities to merge or consolidate/share services, municipalities bear significant pressure to consolidate services and stay under the tax cap, unavoidably at the cost of sacrificing their independence and ability to self-govern. The League recommends that the Village educate the community so they understand the pressures imposed on municipalities arising from policies set by the State and encourage the community to convey its concerns at the state level. In addition, the League suggests that the Village Board explore setting aside funds to study whether merger or consolidation of services with other municipalities makes sense for Scarsdale, its pros and cons. For example, if a municipality desires to retain its independence, it would likely be forced to rely primarily on property taxes to fund its expenditures. The municipality would then face the choice to stay under the tax cap, thereby requiring a reduction in expenses, likely resulting in a diminishment of services, or exceed the tax cap to maintain services. Village Board of Trustees 04 -22-2014 P a g e | 134 The League continues to support engaging the community in dialogue to identify the services residents want and what they are willing to pay for. We understand the Village Board will be setting its agenda for the upcoming year this month. We hope that the agenda may include inviting public input on the provision and funding of specific services such as garbage collection (frequency, in light of what many believe is a decrease in garbage volume due to an assumed increase in recycling volume, and/or location) and leaf collection. In addition, the League suggests that the Board consider including on the agenda, the exploration of ways in which to increase non-property tax revenue, such as gross receipts tax on wireless phone service and installation of muni-meters, including on a phased-in basis, in the Village Center. We thank you for the invaluable assistance and cooperation that was extended to us in our study of the proposed budget. We applaud the professionalism and dedication with which the Village Manager, Deputy Village Manager, Treasurer, Mayor Steves and the Trustees developed the budget. Thank you for considering our comments as you finalize the budget.” Ms. Rush also extended her congratulations to Trustee Pekarek and Trustee Samwick; the Scarsdale LWV wishes them well in their first term. She also thanked the Mayor for his leadership in recognizing Equal Pay Day and bringing attention to this issue. Mayor Steves thanked Ms. Frankle for her assiduousness in staying with the budget process. Robert Harrison, representing Scarsdale Taxpayer Alert, stated that he wanted to clarify an issue. The indication is that the tax rate increase for residents is 3.33%. Trustee Martin responded that this is correct. Mr. Harrison continued, asking if the Village is slightly over the tax cap. Mayor Steves stated that this is correct, the rate would have been 2.49%. Mr. Harrison complimented the staff and the Board for all the time spent in budget meetings. He stated that the 3.33% tax rate is much better than what the Village has had in recent years even though it is still over the tax cap. He expressed one area of concern in the Capital Budget. This past Saturday the Recreation Department and Sport Time Tennis, New York Junior Tennis League Scarsdale Chapter had a Tennis Day evaluation at the Scarsdale Middle School tennis courts. He stated that there is no comfort station at the Middle School tennis courts and the Middle School field. He stated that he thought this is in the long range Capital Plan. He noted that a comfort station was built at the High School tennis courts and fields in 1997/1998 for approximately $50,000 and is a perfect facility. It would be nice to have a similar facility at the Middle School tennis courts and field. Mr. Harrison noted that there were 130 sign-ups for the tennis program; parents will be paying $180 to the Village. Sport Time is running that program and he believed that there is a 75% payment to Sport Time for running it and the Village receives 25%. This Village Board of Trustees 04 -22-2014 P a g e | 135 could produce approximately $6,000 of new income that he did not believe was in the proposed budget. He also stated that they are establishing the Scarsdale Springtime Youth Tennis League which currently has about 80 sign-ups. They pay $55 to Sport Time of which the Village receives 25%, another $1,100, for an approximate total so far of $7,000 of new money coming in. Mr. Harrison stated that he is aware that the Village sold 3 Edgewood Road for approximately $628,000 and the Board will have the opportunity to determine how that is used. He is a strong advocate of road surfacing, but he would like the Board to consider the comfort station at the Middle School. Trustee Stern made a comment that the Board struggled with the budget due to the mandated State levels of pension funds that are very high and over funded. The other issue is the mandated Health Insurance costs which are primarily paid by the Village. The State Cap on taxes is not realistic because the Village starts the budget process with a tremendous burden due to these issues. The Board struggled very hard to keep the taxes down; everything was kept to the minimum, still maintaining services and keeping the Village a wonderful place to live. Mr. Harrison stated that he is quite happy with the 3.33% increase even though it is over the Tax Cap and he extended his compliments to the Board and the staff for all the work that was put into the 2014/15 Budget. As there were no further comments concerning the Public Hearing on the Fiscal Year 2014-15 Tentative Budget, Trustee Martin closed the public hearing on a motion entered by Trustee Lee, seconded by Trustee Stern and carried unanimously. ******** Public Comment Tracey Czar, stated that she is a Special Education teacher in Brooklyn; her husband Jonathan is a small business owner working with non-profits. They have two young children and they were the second highest bidders on 3 Edgewood Road. She stated that “we had been looking for a home in the area for a while and nothing has felt “right”. When we saw 3 Edgewood Road, it felt right. When most people look at 3 Edgewood, they see an eyesore. Others see it as a valuable lot with a house in the way. Underneath the years of disrepair and neglect we see a beautiful home with character. We see a welcoming foyer with big, bright rooms. We see graceful, arching doorways, and beautiful architecture. We see friendly, welcoming neighbors, and we see a home with the potential to be beautiful again. Our intention is to restore the house to its original beauty and make it our home. We want to raise our children as a part of this caring community. Please, don’t let 3 Edgewood Road become another victim of a bulldozer. The bid submission paperwork specifically stated that the house would go to the offer that was in the best interest of the Village. We hope that the history and integrity of Scarsdale is worth as much as the dollars when Village Board of Trustees 04 -22-2014 P a g e | 136 evaluating the bids. Please think beyond the dollar signs and consider the value of Edgewood as a neighborhood. We have spoken to several of the neighbors and they would prefer to have this historical home restored rather than a new modern house built in its place. We have statements from a few of the neighbors which I would like to provide to you as part of the public record. Please, make a choice that truly is in the best interest of the community. Don’t let 3 Edgewood Road become a victim of a bulldozer. Let it become our home. Thank you for your time” Ms. Czar submitted documents to the Village Clerk as part of the public record. Mayor Steves stated that as the second bidder, the Village will keep Ms. Czar informed as to what the process is. Village Attorney Esannason stated that he felt the Village Board could appreciate Ms. Czar’s desire to restore the building and to move into the community; however, he stated that to her that she needs to recognize that as a public body, the Board does have a fiduciary duty to act in the best interest of the community. Unfortunately, there was no specific language in the RFP or in the Solicitation for Proposal as referred to in the document that justifies giving a preference to a wonderful family who is interested in restoring the building to its original condition. Having said that, he could not take the position and recommend that the Village Board deviate from its fiduciary duty and accept your proposal, simply because you are proposing to restore it. In addition, the successful bidder is a builder and perhaps interested in building a new structure or a new home on the property. This is not to say that he won’t sell it to an equally wonderful family as yourself. He stated that he has to take the position that the Board has a fiduciary duty and that they must act in the best interests of the community. In response to a question from Trustee Stern, Village Attorney Esannason stated that the highest bidder was $628,000 and the second highest bidder was $617,000. Trustee Martin asked if this were something the Board could discuss at some point. Mr. Esannason stated that this will be on the Board’s agenda for their regular meeting of April 22nd – he added that it could be discussed. In response to a request from Ms. Czar to discuss this issue further, Mayor Steves stated that he notes from two of the Trustees that this matter may be something they will want to discuss. He stressed that he did not want to suggest that the outcome would be any different. The Board will consider this as each Trustee has the responsibility to weigh in with their opinions; however, the Czars should not take that opening with any more weight because two Trustees have asked to consider the issue. He thanked the Czars for their time and their interest in living in Scarsdale. Robert Cruz, 968 Post Road, stated that from his window he watched 3 Edgewood Road fall apart; he came to the meeting this evening to make sure that whatever the Board decides, that the work on the property is done in the right way. He doesn’t want to see any Village Board of Trustees 04 -22-2014 P a g e | 137 damage or debris occurring during any construction on the site. Keeping the character and consistency of the neighborhood would be nice. Mayor Steves assured Mr. Cruz that no matter what is done on the property, the Village will insure that damage or debris will occur in the process. He added that the Board is sensitive to character and as he had mentioned earlier the Board will be looking at the issue of neighborhood character as part of its goals for the year. Robert Harrison, 65 Fox Meadow Road, first welcomed Trustees Pekarek and Samwick as new Trustees and wished them well. Mr. Harrison spoke with regard to the Spring Youth Tennis Program and would like to promote it. There is great cooperation between Jason Marra and the new tennis supervisor, Anthony DiDomenico and the Recreation Department’s connection with Sport Time which runs their programs at Lake Isle and Harbor Island. Mr. Harrison read the Recreation Department flyers concerning the Youth Tennis Programs, including locations, dates and times. He encouraged residents to get their children involved. They can sign up online at www.scarsdale.com/recreation. For further information, residents can call the Recreation Department at 722-1160 or Bob Harrison at 725-0962. He represents the New York Junior Tennis League’s Scarsdale Chapter working in conjunction with both the Recreation Department and Sport Time Tennis. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Finance Committee Upon motion entered by Trustee Martin, and seconded by Trustee Brodsky, the following resolution regarding the Village of Scarsdale Partnership with the Scarsdale Public Library Board and Residents to Achieve and Maintain Improvements Identified in the June 10, 2013 Public Library Master Plan was approved by a unanimous vote: WHEREAS, the Scarsdale Public Library Board utilizing a very interactive process developed a Strategic Plan in 2012 with a high level of public engagement through focus groups, open forums, board meetings, brainstorming sessions, surveys and conversations with community leaders, staff members and library experts; and WHEREAS, consistent with the results of the Strategic Plan and with the assistance of the planning and architectural firm of Lothrop Associates, the Library Board completed a Master Plan dated June 10, 2013 which identifies a number of building renovations and additions Village Board of Trustees 04 -22-2014 P a g e | 138 that will increase the capacity of the Library to provide a broader range of rapidly evolving library services while maintaining popular traditional collections and programs by offering a more balanced utilization of the building space, within a safe, attractive and inviting comfortable environment; and WHEREAS, the improvements identified in the Master Plan will transform the Library into a multi-purpose community asset for future generations, maintain its preeminent status among free public libraries in the County and State, enhance its technological capacity to further library services and create a physical environment that will be a welcoming and versatile learning center; and WHEREAS, the investment for creating this future environment that provides for additions, alterations and renovations is presented in the June 10, 2013 Village of Scarsdale Library Master Plan and estimated at a cost of approximately $12 million to be implemented in phases over a multi-year period, that keeps the library open throughout the construction; and WHEREAS, a cross - generational improvement of this magnitude must have the full support of the Scarsdale Public Library Board, the Village of Scarsdale and residents, and as such, the fund raising consulting firm of Plan A Advisors, P.O. Box 165, Thornwood, NY 10594, has been retained to design and conduct a capital campaign to implement the projects in the Master Plan, keeping in mind that this cherished and valued public resource has been very successful in the past with public/private investment efforts to fund projects that have allowed the Scarsdale Public Library to keep pace with changing needs served by free public libraries; and WHEREAS, at a cooperative Scarsdale Public Library and Village Board meeting on March 10, 2014, Plan A Advisors, in conjunction with the Library Board, encouraged the Village Board to be an active partner in the funding of improvements to demonstrate the Village government’s commitment to the future program, which commitment will also serve as a catalyst in raising private donations through the capital campaign noting that such a partnership is necessary to successfully fund raise funds from the public; and WHEREAS, as the Plan moves forward over the years and the scope of work is finalized for various projects with design detail and cost estimates, the time intervals will permit the Village of Scarsdale to make annual decisions in regard to the level of participation for the various projects proposed in the Master Plan and the amounts and methods Village Board of Trustees 04 -22-2014 P a g e | 139 available to the Village for contributing to the costs of achieving the Master Plan; now therefore be it RESOLVED, that the Village Board of Trustees herein expresses its intent to be an active contributing partner in the public/private fund raising effort to be managed by the Scarsdale Public Library with assistance from Plan A Advisors, for the implementation of the very exciting projects in the Scarsdale Public Library Master Plan which was prepared by Lothrop Associates and dated June 10, 2013, and to prudently use its borrowing authority to match private contributions up to an amount of $4.5 million and hopes that this expression of intent and strong support for the modernization of the Scarsdale Public Library will serve as an impetus in not only raising the first $4.5 million by the Library Board which will be matched by the Village, but as a stimulus to raise the balance of the funds through private contributions; and be it further RESOLVED, that the Village Board of Trustees by this act demonstrates its full support for the public/private campaign, its willingness to make contributions to be determined annually and by example to encourage residents, businesses, foundations, charities and other levels of government to participate in the Library’s capital campaign for the renovation and modernization of this cherished community facility and resource. ******** Land Use Committee Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding a Nextel Lease Termination Agreement was approved by a unanimous vote: WHEREAS, Nextel of New York Inc. (Nextel) entered into a lease agreement dated February 28, 2007 with the Village of Scarsdale to lease space at 110 Secor Road (Smokestack) for the placement of a telecommunications facility; and WHEREAS, by letter dated June 26, 2013, Nextel notified the Village of its intent to terminate the lease agreement effective May 31, 2014; and WHEREAS, the Village negotiated a lease termination agreement in accordance with the terms and conditions of the February 28, 2007 lease agreement; and Village Board of Trustees 04 -22-2014 P a g e | 140 WHEREAS, Nextel will pay the Village a sum of $98,449.97 consisting of the final month’s rent of $4,002.63, early termination penalty fee of $72,047.27, equipment incentive payment of $10,000 and the partial payment of Village, School, and County taxes owed in the amount of $12,400; and WHEREAS, other carriers currently leasing space at the site have expressed interest in upgrading their facilities, and the additional space available on the smokestack from Nextel’s departure will provide opportunities for other carriers to negotiate lease amendments with the Village and upgrade their facilities at the site; now therefore be it RESOLVED, that the Village Manager is, herein, authorized to execute the attached Lease Termination Agreement in substantially the form attached hereto, with Nextel of New York and take any and all administrative acts necessary. ******** Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding a License Agreement – 9 Richbell Road – Right-of-Way Encroachment was approved by the vote indicated below: WHEREAS, James and Jennifer Meschewski, (hereinafter “Licensee”) are owners of certain real property known as 9 Richbell Road, identified on the Village of Scarsdale Tax Map as Section 14, Block 05, Lot 19A; and WHEREAS, on November 11, 2012, Building Permit #141888 was issued to Licensee for the installation of a four (4’) foot decorative fence and thirteen (13) stone pillars alongside the driveway at 9 Richbell Road; and WHEREAS, in conjunction with Village review of the building permit application, it was determined that two (2) of the thirteen (13) stone pillars encroached on the grass portion of the Village Right-of-Way by approximately one (1’) foot between the property line at 9 Richbell Road and the roadway curb; and WHEREAS, the perpetuation of these privately-owned structures encroaching on the Village Right-of-Way requires a license agreement with the Village of Scarsdale which the Licensee is desirous of obtaining; and WHEREAS, the Village Engineer inspected these encroachments and reports via memorandum dated January 28, 2014 (attached) that two (2) stone pillars do not present any visual obstructions or unsafe conditions Village Board of Trustees 04 -22-2014 P a g e | 141 and moving the encroaching pillars within Licensees’ property limits would require the removal of a large mature tree, contrary to the desire of the Board of the Architectural Review in accordance with Licensees’ hearings before the Board; and WHEREAS, the Village is desirous of accommodating the Licensee by granting a revocable license agreement to permit the Licensee to maintain and legalize the stone pillars within the Village right-of-way, in accordance with the plans and specifications, reviewed and approved by the Village Engineer, as prepared Gabriel E. Senor, P.C. dated February 28, 2013 and attached as Exhibit “A” of said License Agreement, attached hereto and made a part hereof; and WHEREAS, Licensee is responsible for all maintenance and repairs of said encroachments in the Village right-of-way and the payment of all fees associated with any construction and inspection work; and WHEREAS, Licensee shall indemnify and hold harmless the Village in all actions, claims, judgments, costs or expenses arising from said maintenance of the encroachments and provide the Village with a certificate of liability insurance naming the Village as an additional insured, at limits approved by the Village Attorney; and WHEREAS, the granting of said revocable license agreement will not interfere with the Village’s present and future use and maintenance of said Village right-of-way; now therefore be it RESOLVED, that the Village Manger is herein authorized to execute a revocable license agreement, in substantially the same form as attached hereto, with James and Jennifer Meschewski of 9 Richbell Road, Scarsdale, New York 10583, to maintain two (2) stone pillars located within the Village right-of-way, adjacent to their property at 9 Richbell Road, in accordance with the February 28, 2014 plans and specifications reviewed and approved by the Village Engineer and attached to the license agreement as Exhibit “A”; said authorization conditioned on Licensee’s submission to the Village of a certificate of liability insurance naming the Village of Scarsdale as an additional insured, at limits approved by the Village Attorney; and be it further RESOLVED, that Licensee herein agrees to indemnify and hold the Village of Scarsdale harmless in all actions, claims, judgments, costs or expenses arising from said installation and maintenance of said encroachments; and be it further Village Board of Trustees 04 -22-2014 P a g e | 142 RESOLVED, that the Licensee shall pay the Village the sum of $1,000.00 as an administrative fee associated with the preparation and execution of said license agreement, pursuant to the Fiscal Year 2013/14 Village- Wide Fees and Charges Schedule. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding the Authorization to Execute a Lease Agreement with Westchester County for 2 Drake Road was adopted the vote indicated below: WHEREAS, the Village of Scarsdale (“Village”) owns certain real property known as 2 Drake Road (“Premises”) which is improved by a one-family home and identified on the Village of Scarsdale Tax Map as Section 11, Block 12, Lot 2; and WHEREAS, the Village and Westchester County (“County”) are currently parties to a lease agreement originally executed in 1987, renewed in 1994, 1999, 2004 and again in 2009, under which the Village leases the premises to the County; and WHEREAS, pursuant to the terms of the latest agreement, which expires on April 30, 2014, the County uses the property to provide transitional housing for homeless families or for longer term housing as approved by the Village Manager; and WHEREAS, a new lease agreement has been negotiated by the Village and Westchester County staff which includes the same terms and conditions as the previous agreement; and WHEREAS, the term of the proposed agreement is for a period of sixty-months or five years from May 1, 2014 through April 30, 2019; and WHEREAS, the proposed lease agreement requires that the County pay to the Village a sum equal to the monthly shelter allowance approved by the Village Board of Trustees 04 -22-2014 P a g e | 143 New York State Office of Temporary and Disability Assistance for Westchester County currently estimated at $5,112; and WHEREAS, the current family residing at 2 Drake Road is a family from the Philippines with special needs children, and the family, due to residency status, does not meet the eligibility requirements for federal and state assistance; and WHEREAS, through previous requests from the Westchester County Department of Social Services, the Village Board waived the rental fee in resolutions dated September 13, 2005, January 8, 2008, September 22, 2009, June 28, 2011, and May 22, 2012 and May 14, 2013, attached hereto and made a part hereof, coinciding with the residency tenure of the current family; and WHEREAS, Westchester County is again asking the Village to waive the rental payments provided for in the proposed successor agreement as without the rent waiver Westhab, who contracts with the County to manage and care for the family and property at 2 Drake Road, in addition to currently raising money for all other expenses such as utilities, phone, heating and insurance, would have to solicit private donations to meet the rent requirements under the agreement; and WHEREAS, the approximate $5,112 in annual state assistance, represents less than 1% of our Village’s FY 14/15 budget revenue estimate for the rental of real property and would have little to no impact on the overall budget revenues if waived; and WHEREAS, Westchester County Department of Social Services and Westhab Inc. are currently working with the family to establish a plan to return the family to self-sufficiency and move them out of 2 Drake Road within the next year; and WHEREAS, staff recommends that the Village Board grant a rent waiver from May 1, 2014 through April 30, 2015, said waiver to be accomplished through an addendum to the proposed agreement in the form of a letter in substantially the same form attached hereto; and WHEREAS, the Village Manager believes the terms of this successor agreement are fair and in the best interest of the Village and recommends its execution; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute a lease agreement with Westchester County, in substantially the same form as attached hereto; and be it further Village Board of Trustees 04 -22-2014 P a g e | 144 RESOLVED, that the annual rent payment equal to the monthly shelter allowance approved by the New York State Office of Temporary Disability Assistance for Westchester County, identified in paragraph 2 of the agreement, is herein waived for the period of May 1, 2014 through April 30, 2015; and be it further RESOLVED, that the Village Manager shall take all administrative acts necessary in accordance with said lease agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Brodsky, the following resolution regarding the Freightway Parking Garage Elevator – Emergency Repairs was adopted by the vote indicated below: WHEREAS, the mechanical systems and components of the elevator at the five level Freightway Parking Garage have deteriorated severely over the past several months and the elevator has become inoperable multiple times, and WHEREAS, Village staff met with ThyssenKrupp Elevator (ThyssenKrupp), the Village’s elevator service contractor, to discuss the ongoing problems and they recommended the replacement of all the elevators mechanical and control components which includes the controller, power unit and door operator, and WHEREAS, in accordance with the Americans for Disabilities Act and to protect the public’s health, safety and welfare, the elevator must be in service at all times to allow full accessibility to all levels of the Garage, therefore it is imperative that this repair work be completed immediately, and Village Board of Trustees 04 -22-2014 P a g e | 145 WHEREAS, in order to expedite the work, the Village must utilize the emergency procurement process specified in Section 103 (4) of the New York State General Municipal Law which allows for the waiving of competitive bids under circumstances where the public health and general welfare of the municipality’s residents is threatened and immediate action is required which cannot await competitive bidding, and WHEREAS, Village staff received a proposal from ThyssenKrupp (attached) for a total of $66,500 to replace the controller, power unit, and door operator as well as perform cab ceiling and lighting upgrades, and also received a quote from Tri-State Elevator Company of Pelham, New York (attached) for a total of $90,000, and WHEREAS, ThyssenKrupp is the Village’s elevator service contractor for the Freightway Parking Garage elevator and is thoroughly familiar with its equipment and components and after analyzing both quotes Village Staff believes ThyssenKrupp’s proposal of $66,500 is reasonable and within industries standards for the scope of work to be completed, now therefore be it RESOLVED, that pursuant to Section 103 (4) of the New York State General Municipal Law, an emergency is herein declared and the Village Manager is authorized to execute the attached agreement with ThyssenKrupp Elevator, Elmsford, NY in the amount of $66,500 for the elevator repairs at the Freightway Garage; and be it further RESOLVED, that the use of a combination of existing appropriations in the Village Operating and Capital Budgets are herein authorized to fund the Freightway Garage Elevator Repairs as follows: Operating Budget – FY 13/14 A-1230-PRKG-ADMIN-400-499 $7,500 A-1230-PRKG-FRGT-400-499 $15,000 Capital Budget FY 13/14 - H-3397-962-2013-060 $30,000 FY 14/15 - Freightway Garage Elevator $14,000 (Tentative Budget) Total = $66,500 AYES NAYS ABSENT Village Board of Trustees 04 -22-2014 P a g e | 146 Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Personnel Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Lee, the following resolution regarding Establishing a Standard Work Day for Appointed or Elected Officials Participating in the New York State and Local Retirement Systems was adopted by a unanimous vote: WHEREAS, New York State Retirement and Social Security Law (“RSSL”) Section 334 requires the Comptroller to adopt rules and regulations, which shall have the force and effect of law, for the reporting of service and salary information for all employees of employers participating in the New York State and Local Retirement Systems (“NYSRS”); and WHEREAS, 2 New York Codes, Rules and Regulation (“NYCRR”) 315 was promulgated effective August 12, 2009 to further the intent of New York State RSSL Sections 34 and 334, which requires the reporting of service and salary information by employers participating in the New York State and Local Retirement Systems; and WHEREAS, 2 NYCRR 315 requires the establishment by Resolution for each elected or appointed office or position, the number of hours prescribed as a standard work day for each such elected or appointed office or position subsequent to being appointed or elected; and WHEREAS, the elected or appointed official governed by 2 NYCRR 315 are all full time administrative employees and are identified in forms RS 2417-A and RS 2417-B, attached hereto and made part hereof; and WHEREAS, the Village of Scarsdale has utilized a seven (7) hour work day standard for all full time administrative, clerical and technical employees in calculating hourly rates and for reporting time to the NYSRS; now therefore be it Village Board of Trustees 04 -22-2014 P a g e | 147 RESOLVED, that the Village of Scarsdale Board of Trustees hereby recognizes a standard seven (7) hour work day for the Village Manager, Deputy Village Manager, Village Attorney, Deputy Village Attorney, Village Clerk, Deputy Village Clerk, Village Treasurer and Deputy Village Treasurer for the purposes of reporting time to the NYSRS pursuant to the referenced laws, rules and regulations. ******** Other Committee Reports Trustee Stern reported on behalf of the Sustainability Committee, stating that the Committee is encouraging the Board to adopt a leaf mulching policy. They are also encouraging the Board to adopt an LED street lighting program. In view of the current advances of technology, the Village would experience a tremendous savings in costs and energy usage. The Sustainability Committee is also encouraging the Board to adopt a Green Building Code for new buildings/new construction and renovations of public buildings. ******** Liaison Reports Trustee Stern reported as Liaison to the Cable Television Committee, stating that the Commission has been working very hard in engaging any, if not all the Village organizations, public service organizations, the Library, stores, restaurants and other entities that hold activities in the Village. The Commission would like to empower them to use the Cable programming for their events. In order to do this, the name of the cable station would need to be changed to “Scarsdale Public Television” so it could operate under that name. This would have to be done legally and the Board would have to consider this. The Mayor has scheduled a meeting with the Cable Commission so that these goals can be discussed with the Board and other involved parties. He stated that the response of the organizations in the Village has been astounding. For example, the Scarsdale Library would like to put most of its programming and its programs on the public television channels. Mayor Steves noted that there has not yet been a date set for a meeting with the Cable Television Commission. However, it is anticipated that a date will be set within a month. The discussion will be to establish realistic goals for the utilization of the Village’s bandwidth on cable television. ******** Written Communications Village Board of Trustees 04 -22-2014 P a g e | 148 None. ******** There being no further business to come before the Board, Mayor Steves requested a motion to adjourn the meeting, so moved by Trustee Lee, seconded by Trustee Martin and carried by a unanimous vote at 9:32 P.M. Donna M. Conkling Village Clerk