Board of Trustees

Village Board of Trustees 07-22-2014 P a g e | 227 THREE THOUSAND TWO HUNDRED TENTH LIMITED AGENDA MEETING Trustees’ Room Village Hall July 22, 2014 A Limited Agenda meeting of the Board of Trustees of the Village of Scarsdale was held in the Trustees’ Room in Village Hall on Tuesday, July 22, 2014 at 8:30 A.M. Present were Mayor Steves, Trustees Brodsky (via teleconference), Lee, Martin, Pekarek, Samwick, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Deputy Village Attorney D’Andrea, Village Treasurer McClure, and Assistants to the Village Manager Goodwin and Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of July 8, 2014 were approved as amended on a motion entered by Trustee Samwick, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Lee reported that he had audited the Abstract of Claims dated July 22, 2014 in the amount of $1,362,699.41 which includes $97,566.27 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 Lee and seconded by Trustee Martin, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated July 8, 2014 in the amount of $1,362,699.41 is hereby approved. ******** Mayors Comments None. ******** Village Board of Trustees 07-22-2014 P a g e | 228 Managers Comments None. ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution regarding the Scarsdale Art Association – Art Show was adopted by a unanimous vote: WHEREAS, the Scarsdale Art Association has held an Annual Art Show in Chase Park for over 15 years and has filed a permit application (attached) to hold an Art Show in Chase Park on Saturday, September 13 and Sunday, September 14, 2014; and WHEREAS, the Scarsdale Art Association has furnished 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, upon completion of the event, the participants will restore all public areas utilized to the same condition as they existed before the Art Show; now therefore be it RESOLVED, that the Scarsdale Art Association is hereby authorized to utilize the Village-owned Chase Park for the purpose of holding the Art Show on Saturday, September 13 and Sunday, September 14, 2014; and be it further RESOLVED, that the Village Manager is authorized to execute the attached Village Event Permit form. ******** Finance Committee Upon motion entered by Trustee Martin, and seconded by Trustee Pekarek, the following resolution regarding a Revision to the April 22 and June 24, 2014 Resolutions in Regard to the Popham Road Bridge Project Arbitration was adopted by a unanimous vote: WHEREAS, the Village Board by resolution of April 22, 2014 approved the settlement agreement with ELQ Industries, Inc., 567 Fifth Avenue, New Rochelle, New York, in the amount of $2,150,000 to be paid by the Village in the manner specified in the April 22, 2014 resolution (Resolution and Settlement Agreement incorporated herein); and Village Board of Trustees 07-22-2014 P a g e | 229 WHEREAS, the original manner of funding included the component of a $1.7 million bond authorization and in order for the Village of Scarsdale to remain eligible and qualified under certain Federal Internal Revenue Service provisions for a slightly more favorable interest rate or so-called “bank qualified” borrowing, no more than $10 million in debt may be issued in any given calendar year; and WHEREAS, because of prior Village authorized and issued debt in calendar year 2014 involving the Reeves Newsom Pumping Station, $4.8 million, and Fire Station #1, $3.5 million, both issues included a premium of $101,338, resulting in a bank qualified balance of $1,595,000 available for calendar year 2014, said amount appropriated by the Village Board toward the settlement of agreement which the Board authorized in its resolution of June 24, 2014; and WHEREAS, Bond Counsel has further notified staff that the remaining bank qualified balance must be further reduced by $95,000 representing the markup taken by the bond dealers at the time the issue was marketed in January, 2014, further reducing the available bank qualified balance for 2014 to $1,500,000; and WHEREAS, pursuant to its June 24, 2014 resolution, the Board authorized a transfer of $49,275 from the General Fund Balance representing the balance of the $1.7M due ELQ after appropriating $1,595,000 in debt and $505,725 from the Capital Fund; and WHEREAS, as only $1,500,000 in bank qualified debt can be issued for the remainder of 2014 instead of the $1,595,000 previously authorized, it is prudent and advisable that the lower amount be issued and the incremental difference in the balance due ELQ Industries, Inc., be appropriated from the available General Fund, Fund Balance in the amount of $95,000 for payment of the settlement; now therefore be it RESOLVED, that the June 24, 2014 resolution, attached hereto and make a part hereof, be revised to reflect the following sources of funding for the approved settlement agreement with ELQ Industries, Inc. relative to the Popham Road Bridge Project Arbitration: Capital Fund Projects – No Change $ 505,725 Bond Authorization – From $1,595,000 To - $1,500,000 General Fund Balance Appropriation - From $49,275 To- $ 144,275 and be it further Village Board of Trustees 07-22-2014 P a g e | 230 RESOLVED, that upon reimbursement to the Village by the New York State Department of Transportation (NYSDOT) and the receipt of proceeds from the issuance of the debt that: (1) $406,000 from the NYSDOT be placed in the Capital Fund to restore the funding for existing projects and (2) that any additional funds received in payment of the $2,150,000 settlement amount, should further reimbursement from NYSDOT be approved, be placed in the Capital Fund for future consideration by the Village Board for future capital projects. ******** Police Commissioner Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding a Use and Dissemination Agreement Among New York State Police, the County of Westchester Department of Public Safety and the Village of Scarsdale Police Department was approved a unanimous vote: WHEREAS, the Village of Scarsdale Police Department (SPD) currently participates in the Traffic and Criminal Software Program (TraCS) with the New York State Police (NYSP) and the Westchester County Department of Public Safety (WCDPS) as per a Use and Dissemination Agreement that has been effective since August 1, 2009 and expires on July 31, 2014; and WHEREAS, the purpose of the TraCS Program is to facilitate a system that allows for the electronic capture of ticket and accident report data in a police vehicle environment and the electronic transfer of that data from law enforcement agencies to the NYS Department of Motor Vehicles (DMV) and courts; and WHEREAS, the benefits of the TraCS program to the SPD are numerous and eliminate much duplicative work, allow for a more easy to read and professional product and allows SPD to remain current when other programs or forms are developed in the future that will necessitate TraCs software for implementation; and WHEREAS, the SPD has participated in the TraCs program for the submission of accident reports to DMV for more than five years and now wishes to implement the ticket data submission application; and WHEREAS, the Police Chief believes it is in the best interest of the Village of Scarsdale to continue participation in the TraCS Program to include ticket data submissions; and Village Board of Trustees 07-22-2014 P a g e | 231 WHEREAS, participation requires the renewal of the attached Use and Dissemination Agreement with the NYSP and WCDPS; and WHEREAS, the attached Use and Dissemination Agreement will is valid for a five year term from August 1, 2014 through July 31, 2019; now therefore, be it RESOLVED, that the Village Manager and Police Chief are hereby authorized and directed to execute the Use and Dissemination Agreement in substantially the same form as attached hereto; and be it further RESOLVED, that the Village Manager and Police Chief are authorized to undertake any administrative acts required under the terms of the agreement. ******** Written Communications Village Clerk Conkling reported that one (1) communication was received since the last meeting:  An email from Betty Blume, Mamaroneck Road, requesting that the Village continue the leaf pick up program. Mayor Steves noted that he has been in contact with Ms. Blume concerning her correspondence. He noted that elderly citizens would have extreme difficulty in disposing of the leaves on their properties themselves due to various legitimate issues. Trustee Lee noted that the Village needs to have some kind of program that will deal with these issues. ******** Public Comment Robert Harrison, 65 Fox Meadow Road arrived late to the meeting and requested time to make comments. Mr. Harrison spoke briefly on the Scarsdale Youth Tennis League, noting the number of children that have signed up to date. He again stressed the need for a comfort station at the Scarsdale Middle School. Also noted by Mr. Harrison is a dangerous section of roadway near the Ogden and Fox Meadow Roads – there is a blind curve at the stop sign and the foliage nearby makes it impossible to see oncoming traffic when exiting his driveway. In addition, he has also requested the speed wagon be placed in this area to check the speed of vehicles on Fox Meadow Road. He Village Board of Trustees 07-22-2014 P a g e | 232 stated that many people travel down this road well over the speed limit. He asked that this device be placed between his property and 73 Fox Meadow Road. Assistant to the Village Manager Goodwin stated that there is only one speed wagon in the Village and it has been in many locations, but he will make sure that the location on Fox Meadow Road is next. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Other Committee Reports None. ******** Liaison Reports None. ******** There being no further business to come before the Board, Mayor Steves moved to adjourn the meeting, seconded by Trustee Stern and carried by a unanimous vote at 8:46 A.M. Donna M. Conkling Village Clerk