Board of Trustees

Village Board of Trustees 07-08-2014 P a g e | 218 THREE THOUSAND TWO HUNDRED NINTH REGULAR MEETING Rutherford Hall Village Hall July 8, 2014 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, July 8, 2014 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Lee, Martin, Pekarek, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Deputy Village Attorney D’Andrea, Village Treasurer McClure, and Assistant to the Village Manager Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of June 24, 2014 were approved on a motion entered by Trustee Martin, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Stern reported that he had audited the Abstract of Claims dated July 8, 2014 in the amount of $482,243.15 which includes $15,793.86 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 Stern and seconded by Trustee Brodsky, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated July 8, 2014 in the amount of $482,243.15 is hereby approved. Trustee Stern further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $99,198.98 which were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Stern and seconded by Trustee Martin, the following resolution was adopted unanimously: Village Board of Trustees 07-08-2014 P a g e | 219 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $99,198.98 is hereby ratified. ******** Mayors Comments Mayor Steves stated that he knows that many of us were disappointed that the fireworks were unable to be held on last Thursday night; the weather report was right on target and it would have been a very cold and messy night. The Village is in the process of considering whether to reschedule the fireworks around the Labor Day weekend. The Village should put out a notice in the next couple of weeks. The construction on the Crane Road Bridge continues; there will be some closings beginning tomorrow, Wednesday, July 9th through Friday, July 11th from 9:30 a.m. to 3:30 p.m. The northbound entrance ramp from Crane Road to the Bronx River Parkway will be closed. Traffic will be diverted via local streets to the nearest exit. The revaluation continues to work its way through the bureaucratic steps. There were several hundred grievances that the Board of Assessment Review is considering. Mayor Steves stated that he would like to thank that Board on behalf of his colleagues. This is a citizens’ Board who are objectively looking thoroughly at each of the grievances and make their judgments. He thanked them again for their work. ******** Managers Comments None. ******** Public Comment As there were no comments, Mayor Steves closed the public comments portion of the meeting. ******** Land Use Committee Upon motion entered by Trustee Lee, and seconded by Trustee Brodsky, the following resolution regarding Authorization to Execute an Amendment to the Lease Agreement with Sprint Spectrum LP for the Freightway Garage Site was adopted by the vote indicated below: Village Board of Trustees 07-08-2014 P a g e | 220 WHEREAS, the Village Board of Trustees adopted a resolution on January 13, 2004, (attached) authorizing the Village Manger to enter into a lease agreement (Lease) with Sprint Spectrum L.P. (Sprint) for the installation of a wireless telecommunications facility on Village- owned property at the Freightway Garage; and WHEREAS, the Village Manager, on March 10, 2004, executed the Lease, attached hereto and made a part hereof, for a term of fifteen (15) years, containing one five (5) year renewal option; and WHEREAS, pursuant to Chapter 310-79 of the Scarsdale Village Code, in January of 2005, Sprint sought and was issued a Special Use Permit from the Planning Board for a five (5) year period through September 2009, to install a wireless telecommunications facility at the Freightway Garage, said Special Use Permit allowing for the installation of up to six (6) antennae panels, three (3) of which were eventually installed; and WHEREAS, in September 2009, the Planning Board renewed the Sprint Special Use Permit for an additional five (5) years through 2014; and WHEREAS, Sprint applied for and was subsequently issued a Building Permit on May 15, 2012 to upgrade existing equipment to its wireless telecommunications facility on the Freightway Garage to accommodate additional wireless technology by adding three (3) additional antennae panels for a total of six (6) antennae panels, which are provided for in the Lease and Special Use Permit; and WHEREAS, although the upgrade did not require an amendment to the Special Use Permit, an amendment to the Lease which was approved by the Village Board via resolution dated June 12, 2012; and WHEREAS, Sprint has requested to expand its telecommunications facility at Freightway Garage by installing three (3) additional antennae panels which will bring the total number of antenna panels to nine (9); and WHEREAS, Sprint’s request requires amendments to the Lease and Special Use Permit and as such Village staff has negotiated an amendment to the Lease (Amendment #2) to allow for the three additional antenna panels and an increase of the monthly rent by $375.00 or $4,500 annually and Sprint has applied to the Planning Board for a Special Use Permit renewal and amendment; and Village Board of Trustees 07-08-2014 P a g e | 221 WHEREAS, Amendment #2 requires that Sprint obtain an amended Special Use Permit and all necessary Building Permits prior to the commencement of any construction; and WHEREAS, Village Attorney has reviewed the proposed amendment to the lease agreement and has approved as to form; now therefore be it RESOLVED, that the Village Manager is authorized to execute an amendment to the Lease Agreement (Amendment #2) between the Village of Scarsdale and Sprint Spectrum L.P., for the placement of wireless telecommunications facilities located on the Village-owned Freightway Garage, in substantially the same form as attached hereto; and be it further RESOLVED, that the Village Manager is authorized to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Brodsky None Trustee Samwick Trustee Lee Trustee Martin Trustee Pekarek Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding Authorization to Execute an Amendment to the Lease Agreement with Sprint Spectrum LP for the 110 Secor Road Site was adopted by the vote indicated below: WHEREAS, the Village Board of Trustees adopted a resolution on January 13, 2004, authorizing the Village Manger to enter into a lease agreement (Lease) with Sprint Spectrum L.P. (Sprint) for the installation of a wireless telecommunications facility on Village-owned property at the Recycling Center Smokestack (Smokestack) located at 110 Secor Road; and WHEREAS, the Village Manager, on March 10, 2004, executed the Lease, attached hereto and made a part hereof, for a term of fifteen (15) years, containing one five (5) year renewal option; and WHEREAS, pursuant to Chapter 310-79 of the Scarsdale Village Code, in January of 2005, Sprint sought and was issued a Special Use Permit from the Planning Board for a five (5) year period through September 2009, to Village Board of Trustees 07-08-2014 P a g e | 222 install a wireless telecommunications facility on the Smokestack, said Special Use Permit allowing for the installation of up to six (6) antennae panels, three (3) of which were eventually installed; and WHEREAS, in September 2009, the Planning Board renewed the Sprint Special Use Permit for an additional five (5) years through 2014; and WHEREAS, in November of 2011, Sprint applied for a Building Permit to upgrade existing equipment to its wireless telecommunications facility on the Smokestack to accommodate additional wireless technology by replacing and updating the three (3) antennae panels, said modifications required Amendment #1, approved by the Village Board via resolution dated February 14, 2012, to the lease agreement which consisted of supplementing Exhibit “A” with Exhibit “A-1”; and WHEREAS, Sprint has recently requested approval for the installation of three (3) additional antennae panels to bring the total antennae panels to six (6), which is permitted pursuant to the Special Use Permit; and WHEREAS, although the upgrade does not require an amendment to the Special Use Permit, an amendment to the Lease is necessary to capture the modifications made on the facility which are identified in Exhibit “A- 2” (attached); and WHEREAS, the Village Attorney has reviewed the proposed amendment to the lease agreement and has approved as to form; now therefore be it RESOLVED, that the Village Manager is authorized to execute an amendment, identified as Amendment #2, to the Lease Agreement between the Village of Scarsdale and Sprint Spectrum L.P., for the placement of wireless telecommunications facilities located on the Village-owned smokestack at 110 Secor Road, in substantially the same form as attached hereto, by supplementing Exhibit “A” and Exhibit “A-1” with Exhibit “A-2” which includes the installation of three (3) new antenna panels, as identified in the plans attached to the proposed Amendment #2. AYES NAYS ABSENT Trustee Brodsky None Trustee Samwick Trustee Lee Trustee Martin Trustee Pekarek Trustee Stern Mayor Steves Village Board of Trustees 07-08-2014 P a g e | 223 ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding the Scarsdale Chamber of Commerce – Food and Wine Festival was approved by the vote indicated below: WHEREAS, the Scarsdale Chamber of Commerce, incorporated in 1937, was organized to develop and foster the commercial and civic activities of the Village through the efforts of merchants, service providers and professional members to promote goodwill between the residents and the business community; and WHEREAS, the Chamber’s mission includes working collaboratively with the Village government to advance these efforts and, in this regard, the Chamber has requested permission to a hold the Southern Westchester Food & Wine Festival on Village-owned property and rights-of-way on Sunday, September 21, 2014, which should benefit the merchants and residents of Scarsdale; and WHEREAS, the Scarsdale Chamber of Commerce has hosted several events in the Village Center over the years including the Art Festival, Taste of Scarsdale and Health Fair, and has the overwhelming support of its membership and the Scarsdale business community for the proposed Southern Westchester Food & Wine Festival; and WHEREAS, the Chamber is collaborating with a local professional event planner, Rich Baumer of 33 Park Road, Scarsdale, NY, to coordinate this Festival which will provide residents and patrons an opportunity to sample food from over 60 area restaurants, taste wine & beer and observe cooking demonstrations; and WHEREAS, participants in the aforementioned event agree to furnish public liability insurance in a form and amount satisfactory to the Village Attorney naming the Village of Scarsdale as an additional insured against any and all claims, damages, or causes of action resulting from the use of Village-owned land; and WHEREAS, all other licenses, permits for tents, assembly, amusement devices and sale of food must be secured by merchants and vendors prior to the event in accordance with applicable laws; and Village Board of Trustees 07-08-2014 P a g e | 224 WHEREAS, the Village will be reimbursed for any and all additional costs incurred in conjunction with the event, including, but not limited to, Police personnel, DPW personnel and Fire and Building Inspectors, as indicated on the Event Permit Form; and WHEREAS, upon completion of the event, the Chamber will be responsible for the restoration of all public areas utilized, to the same condition as existed before their use of the property; now therefore be it RESOLVED, that the Scarsdale Chamber of Commerce is hereby authorized to utilize the Village-owned roadways identified as: Chase Road from Popham Road to Christie Place, Boniface Circle, Spencer Place, Harwood Court and Woodland Place from Chase Road to the property line of 5 Woodland Place for the purpose of holding the Southern Westchester Food & Wine Festival on Sunday, September 21, 2014 from 11:00am – 5:00pm (rain or shine), and for the setup and breakdown times recorded in the Event Permit Form, attached hereto and made a part hereof, conditioned on the timely receipt of all aforementioned insurances, licenses and permits; and be it further RESOLVED, that the Village Manager is authorized to execute the attached Village Event Permit Form specifying the terms and conditions for the event, in substantially the same form as attached hereto and made a part hereof; and be it further RESOLVED, in accordance with an approved event permit, an exemption pursuant to Village Code Chapter 111-4 is herein granted, allowing for the consumption of wine and beer on Sunday, September 21, 2014 from 11:00am – 5:00pm, in the “wine and beer” tent, to be monitored and secured by the Scarsdale Police Department. AYES NAYS ABSENT Trustee Brodsky None Trustee Samwick Trustee Lee Trustee Martin Trustee Pekarek Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Stern, and seconded by Trustee Brodsky, the following resolution regarding the Scarsdale Chamber of Commerce – Annual Sidewalk Sale, was approved by the vote indicated below: Village Board of Trustees 07-08-2014 P a g e | 225 WHEREAS, the Scarsdale Chamber of Commerce has requested permission to hold the annual Sidewalk Sale in the Village Center on Thursday, July 31, Friday, August 1 and Saturday, August 2, 2014 ; and WHEREAS, in addition to utilizing the Village-owned sidewalks to display their wares, this year the Chamber is also requesting the use of Chase Park on the last day of the event to host entertainment; and WHEREAS, participants in the Sidewalk Sale agree to furnish public liability insurance in a form and amount satisfactory to the Village Attorney naming the Village of Scarsdale as an additional insured against any and all claims, damages, or causes of action resulting from the use of Village owned land; and WHEREAS, all other licenses and permits relative to tents, assembly, amusement devices and sale of food must be secured by merchants and vendors prior to the event; and WHEREAS, upon completion of the event, the participants will restore all public areas utilized to the same condition as before the Sidewalk Sale; now therefore be it RESOLVED, that the Scarsdale Chamber of Commerce is hereby authorized to utilize the Village-owned sidewalks located in the Village Center for the purpose of holding the annual public sidewalk sale on Thursday July 31, Friday, August 1 and Saturday, August 2, 2014 as well as Chase Park for various entertainment activities on Saturday, August 2, 2014; and be it further RESOLVED, that the $125.00 tent permit fee in conjunction with the 2014 Sidewalk Sale is herein waived by the Village Board subject to participating merchants filing an application with the Fire Department and obtaining subsequent approval pursuant to an inspection by the Fire Inspector or other authorized Department personnel. AYES NAYS ABSENT Trustee Brodsky None Trustee Samwick Trustee Lee Trustee Martin Trustee Pekarek Trustee Stern Mayor Steves ******** Village Board of Trustees 07-08-2014 P a g e | 226 Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications On behalf of the Village Clerk, Village Treasurer McClure reported that four (4) communications were received since the last meeting:  An email from Lena Crandall, 227 Fox Meadow Road regarding the many rewards that residents can reap by mulching their fall leaves.  An email from Madelaine Eppenstein endorsing the statement of the Friends of the Scarsdale Parks’ support of an amendment to the Village’s fall leaf collection regulations.  An email from Michelle Sterling, Chair, Scarsdale Forum Sustainability Committee advocating the bagging of leaves. Ms. Sterling also attached letters from the City of Rye and the Town of Greenburgh concerning the benefits of their leaf bagging practices.  An email from Robert Berg, Scarsdale Forum President, urging the Board of Trustees to issue a resolution calling for the cessation of the leaf vacuuming program. ******** There being no further business to come before the Board, Trustee Martin moved to adjourn the meeting, seconded by Trustee Pekarek and carried by a unanimous vote at 8:18 P.M. Donna M. Conkling Village Clerk