Board of Trustees

Village Board of Trustees 08-12-2014 P a g e | 233 THREE THOUSAND TWO HUNDRED ELEVENTH REGULAR MEETING Rutherford Hall Village Hall August 12, 2014 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, August 12, 2014 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Lee, Martin, Pekarek, Samwick, and Stern. Also present were Acting Village Manager Pappalardo, Village Attorney Esannason, Deputy Village Attorney D’Andrea, Village Clerk Conkling, and Assistants to the Village Manager Goodwin and Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of July 22, 2014 were approved as amended on a motion entered by Trustee Brodsky, seconded by Trustee Lee, and carried unanimously. ******** Bills & Payroll Trustee Martin reported that he had audited the Abstract of Claims dated August 12, 2014 in the amount of $736,693.08 which includes $23,613.51 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 Martin and seconded by Trustee Brodsky, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated August 12, 2014 in the amount of $736,693.08 is hereby approved. Trustee Martin further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $2,166,252.85 which were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Martin and seconded by Trustee Samwick, the following resolution was adopted unanimously: Village Board of Trustees 08-12-2014 P a g e | 234 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $2,166,252.85 is hereby ratified. ******** Mayors Comments Mayor Steves stated that before this meeting this evening, the Board continued its program of meeting with the various Boards and Councils. This evening the Board met with the Advisory Council on Scarsdale Senior Citizens; said Council advises the Board on the programs and needs of the senior residents of Scarsdale. An open discussion was held and the goal was to make sure that there is an open line of communication as with all Boards and Councils. Trustee Lee is the liaison to this Council. The discussion surrounded the coordination and scope of services. The Board found it an open and productive meeting; the Board encourages all the seniors in the community to participate in the program that the Village, Scarsdale Edgemont Family Counseling and other groups provide. Residents should be vocal in what they would like the Village to provide. ******** Mayor Steves continued, stating that this evening the Board will briefly introduce a resolution dealing with mulching in the Village. It is the Board’s intent to table the measure and send it to Committee. The purpose of putting this particular resolution at this point in the legislative process is to open it up to broad discussion in the community as a whole. The Board appreciates the work that has been done by the Conservation Advisory Committee, the Forum and others, to keep this issue in the forefront. There is a concern and an interest that the full Community weigh in on this issue. The Village has provided the leaf pickup service for years. It is the Board’s general view that we need some transition time but definitely needs input from the community. The changes that would take place would not be without cost to the citizens although there would be savings. The Board has always been supportive of the concept of mulching, but what is being proposed is an even bigger move than simply encouraging mulching. Mayor Steves invited the public to read and understand the resolution; the community is invited to attend the committee meeting to be scheduled regarding this matter. ******** Mayor Steves noted that those that have followed the Village Board have noticed the table in front of the Trustees that includes the young staff that serves the Village. Many of those that have worked with the Village have enjoyed the ability to work with some of the young administrative staff. Unfortunately when you hire and train good people you run the risk that they leave. Rita Azrelyant has left Scarsdale and is now employed with the Town of Greenwich. John Goodwin, present this evening will soon leave to take the position of City Assistant at the City of Canandaigua. The Village takes great pride in attracting the best, training the best and providing the best to the community. Growth is important; the Village wishes them both the Village Board of Trustees 08-12-2014 P a g e | 235 best and he hoped that the Village appreciated some of the people they don’t get to meet but talk to on the phone. These are good young people interested in government careers and we applaud that. ******** Managers Comments Acting Village Manager Pappalardo stated that he wanted to echo the Mayor’s comments regarding the Administrative Assistants that have worked in the office, specifically Rita Azrelyant and John Goodwin. He noted that they are sorry to see John Goodwin leave; he has done yeoman work for the Village as do the other Administrative Assistants that work in the Manager’s office. The Village, especially the Manager’s office could not function to the extent that they do and to provide the services and do the administrative work necessary that this community demands without their assistance. John was terrific at it and he worked for five years in the Manager’s office. He learned everything he possibly could and did everything that came his way and did it well. They are proud of him to be moving on, getting a good responsible position, and he is well on his way to being City Manager one day. Congratulations, John and Rita. ******** Acting Village Manager Pappalardo reported on upcoming roadwork by the County of Westchester and the Village. The County has announced midday closures to the northbound Bronx River parkway this week on Thursday, August 14th and Friday, August 15th between the hours of 9:30 a.m. and 3:30 p.m. for paving. The northbound entrance ramp at Crane Road has been paved and that section of the north side of East Parkway on both sides. The work that still needs to be done is to finish the temporary pavement markings and they plan on doing that on August 18th and August 19th between the hours of 10:00 p.m. and 5:30 a.m. The closures will be necessary to complete the pavement markings. East Parkway in both directions between Crane Road and Christie Place will be closed during those hours. Traffic in both directions will be detoured using Chase Road and Christie Place. In addition to the County’s work, the Village Center is part of the road and resurfacing program for this year. The Village is planning to resurface four (4) roads in the Village Center. This work is going to take place next week (week of August 18th). Specifically, it will be milling, resurfacing Chase Road from Popham Road to Spencer Place; Spencer Place from Chase Road to East Parkway; Harwood Court from Chase Road to Spencer Place; and Boniface Circle from Chase Road to Spencer Place. They hope to get all of the milling done on August 18th, finish whatever milling is left over on August 19th and then start paving on the 19th, finishing the paving on the 20th. The public works crew will then have to come in and do all the restriping work, especially the parking stalls. It is hoped that this work will be done Thursday and Friday. The entire week next week there will be disruption in the heart of the Village Center; all four of these roadways will be closed to vehicular traffic during these operations. There will be posted detours for alternate routes and the Village will have Scarsdale Police on site to direct traffic. Parking on these roads will not be available during the hours of 6:00 a.m. to 6:00 p.m. while the work is Village Board of Trustees 08-12-2014 P a g e | 236 being done. He cautioned against overnight parking there as well if it can be avoided. If you are not out of a parking space by 6:00 a.m., the car may be towed. No parking signs will be posted in the affected areas; the pedestrians will have access to the sidewalks and crosswalks throughout the milling and paving work schedule. The Village’s Engineering staff will hand deliver all notifications to area businesses within the work area that will be affected. Additional notices will also be posted throughout the Village Center; at the Christie Place and Freightway Garages, some of the multi space meters on Scarsdale Avenue and the Merchant Lot and the train station, store windows, etc. All of the major property owners are being notified as well so that those living in or near the Village Center will be aware of this work. ******** Public Comment Dan Hochvert, Woods Lane stated that he has read and heard some of the concerns about mulching and would like to offer a few thoughts. He felt that part of the concerns may be related to change. He recalled when leaves were taken care of by raking them into a pile and setting them on fire. People then expressed their concerns when they were no longer able to burn their leaves. He recounted that his experience with mulching went back to a time when his younger son was leaving for college and he took over the mowing responsibilities. He would mow the grass and the leaves as they started to come down and from doing this the pile of leaves went down remarkably. He noted that if he made two or three passes with the mower, he could leave most of the leaves on the property. He further described how his mulching technique evolved over time and stated that the most recent lawn mower he bought came with an automatic cover and if he wants it open, he has an insert supplied by the manufacturer. The industry has moved quite a ways along. He noted that he did not use fertilizer on his lawn anymore, leave the leaves in the flower beds until spring and then take them out and mulch them, and he has a space in his backyard where he can place the mulch in a compost pile. Mr. Hochvert ended by stating that if others had been doing this over the same amount of years he has, there would be a lot less concern expressed. Liz Alderman, stated that she was present this evening seeking approval for the Peter C. Alderman Foundation to hold its sixth annual walk in Scarsdale. She stated that they had moved to Scarsdale when their youngest child Peter was 1 year old. They live in Scarsdale until Peter graduated from high school. Peter was killed on September 11th when he was attending a conference at the World Trade Center. He didn’t work in the building; he was 25 years old when he died. To honor his memory their family formed a publicly supported foundation – when they learned that there are one billion people – 1/6th of humanity who had directly experienced torture, terrorism or mass violence around the globe and that 50-75% of them could no longer lead productive lives because of their traumatic depression and PTSD, the family decided that the perfect way to honor Peter would be to bring back to life those people who had survived the event and return them to life and function – this would be the perfect memorial for Peter. Village Board of Trustees 08-12-2014 P a g e | 237 Peter’s friends from Scarsdale and other places would like to bring the walk back to Scarsdale. In the past they have had a short walk and then a place that they could gather. They were told that the best place to walk from would be from Village Hall to Fox Meadow School. They have already obtained permission to use the school where they will have a barbecue, field games, and carnival games particularly geared toward the young children. Last year Peter’s friends raised close to $200,000. Mrs. Alderman stated that she was here this evening to request the Board’s permission to hold this walk event. Michelle Sterling, Scarsdale Forum Sustainability Committee Chair, stated that the Committee has put out a report on mulching and put a lot of research into that report. They spoke with the Department of Public Works in several towns to find out what they were doing and how it was going and why they made the changes they did. She spoke about her experience as a homeowner in Greenacres, surrounded by a massive canopy of various species of trees, with a landscaper that mulches. Although her landscaper was somewhat resistant at first, he now fully mulches her property. Her point is that it takes a few attempts and a few conversations with their landscaper and then it gets done and it looks great. She does not use fertilizers or pesticides. The process is going well at all of the schools and parks. It costs less – her landscaper is not charging her any additional fee to mulch. She also addressed the possible 1% of the community that has no grass – perhaps ¼ acre of ground cover and a gravel driveway. It wouldn’t be impossible but it would be difficult for them to mulch. However, her question is that because there may be a 1% out there in that type of situation with no grass on the property, should we stall a resolution because of that 1%? Does it make sense to not move forward with something that is positive for most of the community because of 1%? Howard Nadel, Aspen Road, Scarsdale Forum Fiscal Affairs Committee Chair, noted that mulching was a major recommendation of theirs in the last report. The budget calls for approximately $800,000 for leaf pickup this year and although they recognize that not all of that is going to be saved by a mulching law there will still be significant savings. It is a great step for the environment as well. He stated that he has been mulching for the last three years and that his gardener does not charge him anything extra. He echoed the sentiments of his colleagues from the Sustainability Committee – it takes less time, it is not a mess, and it is relatively inexpensive. The mulching blades are not expensive. The Committees of the Scarsdale Forum will be very happy to work with the Board and the citizens. He noted that they are planning a presentation on mulching in the winter and invited the Board to attend. His message is ‘let’s do this and let’s do this together’. Madeline Eppenstein, 18 Autenrieth Road, stated that she did not want to represent the Friends of the Scarsdale Parks or the Scarsdale Forum Sustainability Committee and she disclosed that she was the Director of the first and a member of the second. She stated that she would like to address the issue of change and changing attitudes which may take some time. She congratulated the Board on a very well thought out resolution; however, she stated that as was written in the Scarsdale Inquirer a couple of weeks ago, some people consider the change to be either a tax or such an overwhelming burden that they are going to make things a little difficult to get through the transition period. She noted that she has submitted a statement to the Board which details her own personal relationship with leaves and trees. Village Board of Trustees 08-12-2014 P a g e | 238 In regard to the existing sanitation procedure, Ms. Eppenstein stated that the Village already provides weekly pickup of organic yard material so that the Board, with this resolution, is just extending the service that is already in existence to the fall leaf collection. Bagging is now required all year round for yard organics. In the fall of 2015, the Village would simply be extending that service for the enormous amount of leaves that need to be collected. It is much neater and much more environmentally sustainable. In her role with the Friends of the Scarsdale Parks, she stated that one of the ways the Village could instruct the public how beneficial the process of more mulching and use of the materials by demonstrating neighborhood by neighborhood in the most prominent park in each neighborhood the process. The Village could do a demonstration using Village equipment or having the actual contractor do the work. Mayor Steves noted that the Board has a copy of Ms. Eppenstein’s statement. Ron Schulhof, member of the Conservation Advisory Committee as well as the Forum Sustainability Committee, stated that he was here this evening as a resident. He thanked the Board for putting out the resolution. He stated that when he moved to Scarsdale he did not want to use pesticides or fertilizers on his property. He found an organic landscaper who introduced him to mulching. He stated that he felt the resolution was done very well; when he thinks about the resources and the timeline that are afforded to people, its really a soft change in this Town. In the fall of 2014 there will be no change and there is a whole season for people to see what they need to do, to talk to their landscapers, and to use their resources. There are about ten other municipalities that already follow this process. In regard to one of the concerns expressed that this may be a reduction of services, there is a limited budget and this would allow the Village staff to focus on other things rather than leaf pickup during the fall season. Mr. Schulhof continued, stating that he understands the need for the Village to take time and receive public comment on this issue. The civic organizations do want to do an educational campaign; they want to hear residents’ concerns because they want to be able to address them. However, one of the things that he thinks is important regarding the timing of this is that if we miss this fall season we miss that time where landscapers during a period where there is still loose leaf pick up. To get ready for this fall season, he felt that the education should get out there soon. While there is time yet and public comment is necessary, he urged the Board to try to get this done in a somewhat rapid pace so that it is a smoother transition for everyone. Lena Crandall, 227 Fox Meadow Road, thanked John Goodwin for his service to the Village. She echoed the sentiments of those who spoke before her concerning mulching in place and noted her support of it. She offered her assistance to residents regarding mulching. She helped both her landscaper and the landscaper at the Scarsdale Women’s Club tackle mulching in place. Her landscaper still hasn’t purchased one of the gator blades; he just goes over it more than once with a regular lawnmower and it works out fine. She hoped that the education program for residents would encourage leaving some of the whole leaves in place. According to a local entomologist, many of our butterflies hibernate in the leaves. Another wonderful resource is the Greenburgh Nature Center. Village Board of Trustees 08-12-2014 P a g e | 239 Anne Jaffe Holmes, Director of Conservation Education, Greenburgh Nature Center, stated that the Nature Center has been teaching mulching in place and guiding municipalities, homeowners and landscapers in adopting this practice. This environmentally beneficial practice also saves money. Not only does the municipality save money, but the landscapers find their scope of their labor relieved. Properties improve with just a few years of mulching; bare spots on the lawn disappear. She expressed her appreciation for the measured and careful dialogue going on in Scarsdale. There are bagging ordinances already in the City of Yonkers, the Towns of Rye and Greenburgh, the Villages of Hastings, Irvington, Dobbs Ferry, and Ardsley. There is nowhere that she has seen depth of community dialogue around this issue as she is seeing here in Scarsdale and it is a really good process. Braeden Cohen, Compost/Sustainability Specialist & Educator, Greenburgh Nature Center, stated that he is an environmental scientist and expressed his support for mulching in Scarsdale. Organic matter is not waste; it is a resource. The techniques and best management practices that are being encouraged with the leaf bagging resolution will help the entire community. It addressed the severe problem of erosion; nearly everything we use in our daily lives come out of the ground. We live in a system of river valleys; the decades of treating the organic matter resource as waste has ‘dammed’ us. He thanked the Board for the resolution. David Fenigstein, 6 Brayton Road, Scarsdale Forum Sustainability Committee member and Greenacres resident, spoke strongly in support of leaf mulching in the Village. He stated that they do not use pesticides or fertilizer on their property which he felt has long term benefits for the children. He noted that the leaf piles in the street further restrict the already narrow street that he lives on. There are people that park and walk to the Hartsdale Train station from his street so it really becomes a hazard at that time of the year. The grass underneath the leaf piles always dies out so you need to constantly reseed and replant the area. He stated that he would like to see the Village push the education along to the community. As a resident he would like to see Scarsdale as a leader in sustainability. Robert Harrison, 65 Fox Meadow Road, thanked John Goodwin for all the work that he has done for the Village. Mr. Harrison next spoke first as the Director of the Scarsdale Youth Tennis League and the New York Junior Tennis League/Scarsdale Chapter. He stated that they had a terrific 4 week program that ended last Thursday. It was organized by the New York Junior Tennis League and Learning/Scarsdale Chapter and the Scarsdale Recreation Department. He gave accolades to Anthony DiDomenico, Tennis Supervisor and Jason Marra, Superintendent of Parks and Recreation. There were over 52 youths from Scarsdale, ages 6-14 years participate in the program. A pizza and ice cream party was held at the end of the program. He noted that their tournament was covered by News12 and was aired over this past weekend. He announced the winners of the various tournaments as well as individual players. He also recognized the meet directors that helped run the program over four weeks. Every child received a participation trophy, a 30th Anniversary shirt, and the 3rd place finish by the team received another trophy. Village Board of Trustees 08-12-2014 P a g e | 240 Mr. Harrison stated that they had taken a team of 12 (6 boys, 6 girls) players to Greater New York Junior Tennis League Jamboree in Crotona Park on Friday. The team came in third and he gave special recognition to the players. Mr. Harrison expressed again the need for a comfort station at the Scarsdale Middle School. He stated that he met with Linda Purvis, Assistant Superintendent at the Scarsdale School District, and she is checking to see what the sewage situation is at that location. There is water there. Hopefully between the Village and the School the comfort station can be built. At last night’s BAR meeting, 10 Ogden Road was discussed. He noted again the dangerous intersection at Fox Meadow and Ogden Roads was discussed. This is a blind curve and it is impossible to see cars coming around that curve. There are many walkers, etc. and this is a public safety issue. The evergreen foliage needs to be removed for better sight distance. Mr. Harrison continued, stating that at the corner of Fox Meadow and Crane Roads, it is a very dangerous intersection for cars that come down Fox Meadow Road south to the Village, stop at the stop sign and you can’t see cars coming over the rise on Crane Road. He recommended that the Village put a mirror up on the telephone pole across the street from the intersection which would allow drivers at the stop sign to see cars coming down Crane Road. Madeline Eppenstein, 18 Autenrieth Road, stated that she wanted to say how much John Goodwin has meant to her and the Friends of the Scarsdale Parks. He is just terrific and she wished him luck in his future. She stated that she will pass along to Mr. Pappalardo a traffic analysis. She lives in the Village Center and Mr. Harrison’s comment about the intersection of Fox Meadow and Crane Roads prompted her to recall sending the traffic analysis to the Village Manager’s office. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. Mayor Steves stated that in the interest of the people that came to the meeting regarding the leaf mulching issue, he would like to propose that the Board dispense with the Resolution regarding the Fall Leaf Collection Program. The Board will move to Trustee Stern on that issue. The resolution will be tabled and send it to Committee. The Committee meeting will be scheduled and publicize that meeting broadly. All other forms of publicity will be entertained to bring this to the public’s attention. Mayor Steves noted that it is the sense of the Board that one of the issues that is brought up continuously is the safety issue in regard to leaf removal. While there is an environmental issue regarding leaves in the street, there is a public safety issue as well. He believes that it is the view of this Board that the Village, within reasonable limits, increase their enforcement on the issue of positioning of leaves. In his view, putting leaves in the street is selfish and dangerous. The Board is dealing with an issue that on its face, makes enormous sense. There has not been a word of dissent from the Committee on the environmental advantages of doing mulching. Village Board of Trustees 08-12-2014 P a g e | 241 The Board is not so much dealing with the concept of mulching, but the transition of leaf pickup to mulching. ******** On a motion entered by Trustee Stern, seconded by Trustee Martin, the following Resolution regarding the Fall Leaf Collection Program was tabled for further discussion and carried unanimously. WHEREAS, the Village of Scarsdale (Village) annually provides Village-wide comprehensive fall leaf collection services for an eight-week period between October and December. The program involves the municipal collection by mostly vacuum and hauling of fall leaves to the Village Leaf Transfer Facility where they are loaded on trucks and hauled and disposed through an agreement with the County of Westchester. In this system the leaves are piled at the curbside by landscapers working for the homeowners and; and WHEREAS, the program historically has provided this high level of service to Village residents with collections occurring 5-7 times at each of the approximately 5,600 residential homes in Scarsdale; and WHEREAS, the leaf collection program has been the subject of much discussion and review over the past number of years relative to budget demands and environmental concerns. Roughly $800,000 in the annual program cost competes with other budget needs, now exacerbated by the NYS Property Tax Levy Cap legislation. As an operational matter, safety issues arise from leaf piles blocking sidewalks and roadways and there is potential flooding from leaves blocking storm drains. Environmental concerns include the excess noise from leaf blowers and vacuum machines and the leaching of nitrogen and phosphorous from leaf piles to storm drains flowing to the Long Island Sound that contribute to oxygen deficiency in this important regional water body; and WHEREAS, pursuant to a December 13, 2011 Village Board resolution (attached), the Board encouraged and promoted the practice of on-site leaf mulching as an alternative for homeowners placing their fall leaves loose at the curb, through a public education campaign while implementing leaf mulching techniques at two Village owned parks and subsequently all Village owned parks, playgrounds and building grounds through a service contract awarded in February 2014; and WHEREAS, leaf mulching is a technique whereby leaves are mowed on-site and left on the lawn. Mulching leaves requires an inexpensive retrofit of lawn mowers adding a mulching blade and a deck plate cover allowing the leaves to re- Village Board of Trustees 08-12-2014 P a g e | 242 circulate through the mowing process until shredded into a fine material. The material is absorbed in the lawn providing natural nutrients, oxygen and moisture to the soil reducing the frequency of fertilizing and watering; and WHEREAS, several Village civic organizations and advisory boards including: the Scarsdale Forum’s Fiscal Affairs Committee (Report of the Village of Scarsdale FY 2014-15 Budget, March 4, 2014); the Scarsdale Forum’s Sustainability Committee (Report on Village Leaf Collection Practices, May 15, 2014); the Scarsdale Conservation Advisory Council (Report on Village Leaf Management Options, May 2014) and the Friends of the Scarsdale Parks (email statement to Village Board dated July 7, 2014), have reviewed the Village’s current Leaf Collection Program and found that alternative methods of leaf disposal can provide environmental and possibly economic benefits and, as a result, have recommended in various forms, eliminating the current program and requiring by law alternative leaf disposal methods such as bagging of leaves, direct hauling and disposal by homeowners and/or on-site leaf mulching; and WHEREAS, it is recognized that the Village Board has a responsibility and duty to consider alternate methods and program changes that would, in this instance, manage leaves in a manner that may be more beneficial to the environment, smarter for lawn maintenance and require less public resources and intervention in the collection of fall leaves; and WHEREAS, the Village has successfully implemented leaf mulching techniques on all Village owned properties and has realized potential environmental benefits and some budgetary savings and has not experienced problems with condition of soils, health of grass and aesthetics; and WHEREAS, the Sustainability Committee of the Village Board has discussed the Village’s Leaf Collection Program at its May 27, 2014 and June 8, 2014 meetings and has expressed interest in possibly eliminating the current comprehensive Leaf Collection Program and transitioning to mandatory on-site residential leaf mulching by allowing bagging and direct delivery to the Village Transfer Station; now therefore be it RESOLVED, that based on the aforementioned reports from the Scarsdale Forum’s Fiscal Affairs and Sustainability Committees, the Village Conservation Advisory Council Report, a written statement from the Friends of the Scarsdale Parks and the recommendation of the Village Board’s Sustainability Committee, beginning in the 2015 fall leaf season, October 15, 2015 to December 31, 2015, the Village of Scarsdale will no longer collect loose leaves piled curbside with vacuum equipment on a weekly basis and the adopted 2015-2016 Village Budget will not contain any Village Board of Trustees 08-12-2014 P a g e | 243 appropriation for leaf collection on a weekly basis in keeping with the comprehensive long-standing program; and be it further RESOLVED, that during the 2015 leaf season the Village will: collect leaves curb side on a weekly basis only if placed in acceptable biodegradable paper bags; accept, at no charge, bagged or loose leaves brought directly to the Crossway Leaf Transfer Station from landscapers and residents; provide for the hauling of leaves from the Transfer Station out of the Village through continued participation in the County of Westchester’s Municipal Organic Waste Hauling Program; institute an educational and promotional campaign to inform homeowners of the leaf program modifications and the environmental benefits gained by instituting the change in the collection, treatment and management of fall leaves in the Village of Scarsdale and; be it further RESOLVED, that the Village Board will provide the necessary resources in the 2015- 2016 Village budget to allow for: (i) the pick-up of curb side bagged leaves; (ii) the acceptance at no charge of direct drop-off of bagged and loose leaves at the Village Transfer Station from landscapers and residents; (iii) the contractual hauling of leaves from the transfer station; (iv) an educational campaign to adequately inform homeowners of the program change and benefits to the environment and (v) a provision for measuring the success of the program changes; and be it further RESOLVED, that the Village Board encourages all homeowners, residents and landscapers to mulch fall leaves in place on lawns and properties and to demand that landscapers mulch leaves in place and acquire the necessary equipment for mulching, which when predominately the practice will provide environmental and economic benefits consistent with lawn care best management practices. ******** Mayor Steves thanked the community for its input on this issue. ******** Finance Committee Upon motion entered by Trustee Martin, and seconded by Trustee Pekarek, the following resolution regarding the Library Capital Budget Transfer for the Library Rain Garden Project was adopted by the vote indicated below: WHEREAS, the Library Rain Garden Project, a stormwater runoff reduction and water quality treatment project involving the installation of four separate rain Village Board of Trustees 08-12-2014 P a g e | 244 gardens totaling 1,800 square feet to which 90% or roughly 450,000 gallons of the stormwater run-off from the Library roofs will drain, commenced in May 2014; and WHEREAS, during construction it was discovered that the internal roof drainage system from the Library also collects water from the existing parking lot which required the redesign for two of the four rain gardens to accommodate the additional and unanticipated water by making the gardens larger and changing pipe slopes and inverts; and WHEREAS, the Village’s consulting engineer, Dvirka and Bartilucci (D&B) and Village staff negotiated Change Order #1, for the additional work associated with the redesign, with Tony Casale Inc. (Casale) for a total of $8,603.00 which was approved by the Village Manager on July 15, 2014; and WHEREAS, via resolution dated March 25, 2014 (attached), the Village Board awarded the construction contract to Casale for a total of $178,500, 92% of which was funded through a New York State Bronx River Watershed Initiative grant, while additionally transferring $13,402 from various Library Capital Accounts to pay the balance of the contract costs associated engineering fees and to provide a nominal 5% project contingency; and WHEREAS, the Village Board at their February 11, 2014 meeting adopted a resolution (attached) appropriating $100,000 from the Library Fund Balance to repave the Library Parking Lot which was recently resurfaced for a total cost of $44,538; and WHEREAS, Change Order #1 is directly related to the drainage of the Library Parking Lot and it is prudent to use balances in this Parking Lot Repaving Capital Project account to pay for the redesign and rain garden construction work pursuant to Change Order #1, in order to maintain the existing project contingency should the need arise; now therefore be it RESOLVED, that $8,603.00 be transferred from the Library Parking Lot Repaving Project to the Library Rain Garden Project to cover the costs of Change Order #1 as follows: From: Amount HL-5197-963 2014-055, Parking Lot Repaving $8,603.00 To: HL-8597-965 2014-079, Library Rain Garden Const. $8,603.00 Village Board of Trustees 08-12-2014 P a g e | 245 AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Fire Commissioner Upon motion entered by Trustee Martin, and seconded by Trustee Pekarek, the following resolution regarding an Honorable Service Award for Firefighters Brian Hughes and Daniel DeSimone was adopted by a unanimous vote: WHEREAS, the members of the Scarsdale Fire Department are relied upon to protect and assure the safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a firefighter performs his/her duties in an especially professional and outstanding manner their actions should be commended; and WHEREAS, on September 7, 2012 (Incident #1200896) the Scarsdale Fire Department was dispatched to a working fire at 180 Bradley Road. Firefighters Brian Hughes and Daniel Desimone checked the response map before leaving Station 1 and wisely decided to leave hose at a hydrant up the block as they approached the house. WHEREAS, Firefighter Hughes positioned the fire engine in front of the home as Firefighter Desimone jogged up from the hydrant and finished gearing up. Once the owner confirmed all occupants were out of the home Firefighter Desimone and Firefighter Hughes stretched a hose line into the structure and up to the second floor landing. Firefighter Hughes then exited the building so he could reposition the fire engine so the ladder truck would have unhindered access to the roof. Firefighter Desimone was eventually joined by other members of the department and they rapidly and aggressively extinguished the fire, thereby confining fire damage to the attic area only; and WHEREAS, the rapid response and professional and intelligent actions by our firefighters prevented this fire from leading to a loss of property; and Village Board of Trustees 08-12-2014 P a g e | 246 WHEREAS, all of the firefighters performed admirably at this structure fire but Hughes and Desimone distinguished themselves by their actions; and WHEREAS, the Fire Department Awards Committee has recommended that Firefighters Brian Hughes and Daniel Desimone receive the Honorable Service Award; now therefore be it RESOLVED, that the Village Board hereby award the Honorable Service Award to Firefighters Brian Hughes and Daniel Desimone. ******** Upon motion entered by Trustee Martin, and seconded by Trustee Samwick, the following resolution regarding an Honorable Service Award for Volunteer Firefighter Jeff Hill was adopted by a unanimous vote: WHEREAS, the members of the Scarsdale Fire Department are relied upon to protect and assure the safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a firefighter performs his/her duties in an especially professional and outstanding manner their actions should be commended; and WHEREAS, on September 7, 2012 (Incident #1200896) Volunteer Firefighter Jeff Hill was present at his home on Bradley Road in Scarsdale. During a storm, a large thunder clap forced his attention across the street to the home located at 180 Bradley Road. The house had been struck by lightning and was burning. Volunteer Firefighter Hill called 911 and then proceeded to the house to make sure everyone got out quickly and safely. Once all the occupants were accounted for he proceeded to assist career Firefighter Daniel Desimone with connecting the fire hose to the hydrant. As soon as this task was completed he went home to obtain his turnout gear before returning to the scene to assist with extinguishing the fire. Volunteer Firefighter Hill’s quick action led to the fire being contained to the attic; and WHEREAS, the rapid response and actions by Mr. Hill were instrumental to the successful suppression of an attic fire, as well as ensuring the safety and well- being of the occupants, and WHEREAS, the Fire Department Awards Committee has recommended that Volunteer Firefighter Jeff Hill receive the Honorable Service Award; now therefore be it RESOLVED: that the Village Board hereby award the Honorable Service Award to Volunteer Firefighter Jeff Hill. Village Board of Trustees 08-12-2014 P a g e | 247 ******** Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Authorization to Execute a Memorandum of Agreement with Scarsdale/Edgemont Family Counseling Services for Older Services was approved a unanimous vote: WHEREAS, Scarsdale/Edgemont Family Counseling Services has provided a myriad of social services to the community for many years; and WHEREAS, included among these services is the Older Adult Services Program, a jointly funded program between the Village of Scarsdale (Village) and Scarsdale/Edgemont Family Counseling Services, which, through the employment of a full-time Older Adult Services Program Director, provides advocacy and leadership, while identifying areas for prevention, intervention and support for individuals and families coping with challenges of later life; and WHEREAS, Scarsdale/Edgemont Family Counseling Services has submitted its Fiscal Year 2014/15 funding request to the Village for the Older Adult Services Program; and WHEREAS, the Board of Trustees reviewed and discussed this request during the FY 2014/15 budget deliberations and based on this review are desirous of continuing these services, and as such, have appropriated the necessary program funding in the FY 2014/15 General Fund Budget; now therefore be it RESOLVED, that the Village Manager and Mayor are hereby authorized to execute the attached Memorandum of Agreement with the Scarsdale/Edgemont Family Counseling Services in substantially the same form as attached hereto; and be it further RESOLVED, that the funding requested by Scarsdale/Edgemont Family Counseling Services of $49,197.50 to support these program services, as identified in the agreement, is available through appropriations in the FY 2014/15 General Fund Budget. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Village Board of Trustees 08-12-2014 P a g e | 248 Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Authorization to Execute a Memorandum of Agreement with the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Services for the Youth Services Project was approved by the vote indicated below: WHEREAS, in 1984 the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale-Edgemont Family Counseling Service recognized the need for a safety net for youth and emotional support for their parents which led to the creation of the Scarsdale Youth Services Project; and WHEREAS, the Youth Services Project is a partnership of the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service that provides challenging programs for youth and parents that build confidence and strengthen the character of youth in grades six through twelve, provide outreach to parents, make available support groups, offer parenting for prevention strategies as well as other challenging programs; and WHEREAS, the current agreement will expire effective August 31, 2014 and Scarsdale/Edgemont Family Counseling Service has proffered a successor agreement to the Village; and WHEREAS, the term of the proposed agreement is for one year, commencing September 1, 2014 and terminating August 31, 2015 with costs distributed between the Village and Scarsdale Union Free School District; and WHEREAS, the Board of Trustees provided an appropriation of $234,316 in the FY 2014/15 General Fund Budget which was a decrease of $7,859 from $242,175; now therefore be it RESOLVED, that the Mayor and Village Manager are herein authorized to execute the Memorandum of Agreement among the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service, substantially in the same form as attached hereto, and that the Village Manager is further authorized to perform all necessary administrative acts in connection therewith; and be it further RESOLVED, that all costs associated with this agreement be charged to FY 2014/15 Village Board of Trustees 08-12-2014 P a g e | 249 General Fund Budget Account # A-9990-HUMSV-YOUTH-400 499 not to exceed budgeted appropriations AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves Mayor Steves noted that the reduction from last year was a result from a lower request from Scarsdale Edgemont Family Counseling. ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Authorization to Execute an Agreement with the Scarsdale Teen Center, Inc. was approved by the vote indicated below: WHEREAS, the Village of Scarsdale (Village) and the Scarsdale Union Free School District (District) have provided financial support to The Scarsdale Teen Center, Inc. for its operation since 1998-1999 and are desirous of continuing to fund a recreational and social program for the youth of the community; and WHEREAS, the term of the renewal agreement is for one (1) year commencing September 1, 2014 and terminating August 31, 2015, pursuant to which the Village will provide an annual payment to the Teen Center in the amount of $87,500 payable in two equal installments of $43,750 on September 15, 2014 and March 15, 2015; and WHEREAS, adequate funds are appropriated in the adopted Village Fiscal Year 2014- 2015 General Fund Budget to fund the Teen Center and the Board of Education represents that the District will provide an amount of $65,000 for the program, and consistent with past practice, deposit the funds with the Village; and WHEREAS, the Village Board, in conjunction with the Board of Education, will continue to evaluate the future funding of the Teen Center and may continue current levels or reduce annual funding based on program performance and the Teen Center’s ability to increase revenues and operate on a more self-sustaining basis; now therefore be it Village Board of Trustees 08-12-2014 P a g e | 250 RESOLVED, that the Village Manager is herein authorized to execute the agreement between the Village of Scarsdale and the Scarsdale Teen Center, Inc. in substantially the same form as attached hereto; and be it further RESOLVED, that the Village Board of Trustees herein provides funding to The Scarsdale Teen Center, Inc. for Fiscal Year 2014-2015 in the amount of $87,500.00, and recognizes the representation of the Scarsdale Board of Education to fund an amount of $65,000 for the District’s Fiscal Year 2014-2015; and be it further RESOLVED, that the Village Manager is herein authorized to complete all other administrative acts necessary pursuant to this agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Land Use Committee Upon motion entered by Trustee Lee, and seconded by Trustee Brodsky, the following resolution regarding Supply Field Building Use for Scarsdale Teen Center Halloween Event was referred to the Land Use Committee to discuss how the expenses will be borne and carried by a unanimous vote: WHEREAS, the Scarsdale Teen Center, a non-profit organization whose mission is to provide teens with fun, safe and substance-free activities, is planning their fourth annual Halloween “Zombie Asylum” Haunted House event and has requested the use of the Supply Field Building at 244 Heathcote Road in order to continue offering regular teen programming at the Teen Center at 862 Scarsdale Avenue; and WHEREAS, the haunted house event would be held on the second floor of the Supply Field building on nine Friday, Saturday and Sunday evenings from October 10, 2014 to November 1, 2014; and WHEREAS, the Village would allow access to the second floor storage area of the Supply Field Building in conjunction with the event from August 20, 2014 to November 14, 2014 in order for the Teen Center volunteers and the Village Board of Trustees 08-12-2014 P a g e | 251 event vendor, Fright Room Productions, to erect and disassemble the haunted house and props; and WHEREAS, upon discussion with the Teen Center Executive Director regarding Village staff concerns about the potential adverse neighborhood impacts relative to noise, light spillage and potential disorderly conduct as well as pedestrian/vehicular conflicts, no ancillary entertainment activities, or music will be permitted around the perimeter of the building with the exception of a photo area and food table approved by the Village; and WHEREAS, the Scarsdale Teen Center will provide proper lighting and staff to safeguard the parking area at the Supply Field Building on all event dates; and WHEREAS, Village Recreation Department supervisory staff and Village Volunteer Firefighters or, in their absence career Fire Department staff will be onsite during the event hours to oversee the operation, safeguard the building and represent the Village, and WHEREAS, the Teen Center has requested that Village personal expenses related to the event be absorbed by the Village; now therefore be it RESOLVED, that the Village Board of Trustees herein approves the use of the Supply Field Building at 244 Heathcote Road, by the Scarsdale Teen Center in conjunction with their annual Halloween “Zombie Asylum” Haunted House event during the period of August 20, 2014 through November 15, 2014, during the hours specified in the event schedule and as needed for the preparation and disassembling of the haunted house and props; and be it further RESOLVED, that the Scarsdale Teen Center must provide proper lighting and staff to safeguard the Supply Field parking area during event dates; and be it further RESOLVED, that the Scarsdale Teen Center and Fright Room Productions will indemnify and hold harmless the Village of Scarsdale in all actions, claims, judgments, costs or expenses arising from the haunted house event; and be it further RESOLVED, that the Scarsdale Teen Center shall provide the Village with a certificate of liability insurance naming the Village as and additional insured, at limits approved by the Village Attorney; and be it further RESOLVED, that although the Village fully supports the Teen Center and its mission and recognizes its current financial position, the Village’s fiscal Village Board of Trustees 08-12-2014 P a g e | 252 constraints, which include the New York State 2% Tax Cap and Property Tax Freeze legislation preclude the Village from absorbing the costs associated with this event, thus the Teen Center shall reimburse the Village for all Village staff costs associated with the haunted house event at the Supply Field Building. ******** Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding an Amendment to 3 Edgewood Road Contract of Sale to Extend Closing Date and adopted by the vote indicated: WHEREAS, on January 21, 2014, the Village of Scarsdale gained title to 3 Edgewood Road upon foreclosure of certain tax liens; and WHEREAS, Village staff prepared a Solicitation of Sealed Bids for the sale of the property, held a pre-bid conference and opened bids on March 18, 2014 with highest bid received by Andrew Silverstein, 51 Lynwood Road, Scarsdale, NY 10583 in the amount of $628,800; and WHEREAS, on May 13, 2014 the Village Board of Trustees accepted the submission of Andrew Silverstein for the purchase of Village owned property at 3 Edgewood Road, and authorized the Village Manager and Village Attorney to take any and all administrative acts necessary to convey and transfer the property to Mr. Silverstein WHEREAS, on May 14, 2014 the Village Manager executed a Contract of Sale and 1st Rider to the Contract (attached) between the Village of Scarsdale and Andrew Silverstein with a closing date of May 23, 2014; and WHEREAS, prior to the closing date Benchmark Title Agency LLC reported that it could not provide title insurance due to the two year statute of limitations that permits the former owner to challenge the foreclosure; and WHEREAS, as a result of Benchmark Title Agency’s report, the Village Attorney negotiated a 2nd Rider to the Contract, attached hereto and made a part hereof, to extend the closing date to February 21, 2016; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute the 2nd Rider to the Contract of Sale for 3 Edgewood Road, substantially in the same form as attached hereto, and that the Village Manager is further authorized to perform any and all administrative acts necessary in connection therewith. Village Board of Trustees 08-12-2014 P a g e | 253 AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Lee, and seconded by Trustee Martin, the following resolution regarding Authorization to Execute an Agreement with John Ramsey for Lease of Village Owned Lots was approved by the vote indicated below: WHEREAS, the Village of Scarsdale is desirous of protecting its heritage, open spaces and its natural environment consistent with the vision of Scarsdale as a “Village in the Park”; and WHEREAS, the history of Scarsdale dates back to the 1660’s with the establishment of a few scattered farms; and WHEREAS, the only farm still operating in Scarsdale is the Ramsey Farm which is a cherished community asset that provides the community with fresh, locally grown produce; and WHEREAS, the Village and John Ramsey of Ramsey Farms (Ramsey) entered into an agreement dated May 20, 1980 for the lease of Village owned land in the vicinity of Ramsey Road and the Village’s Central Maintenance Facility for farming purposes; and WHEREAS, in exchange for the lease of Village owned land, Ramsey has agreed to development restrictions on a number of lots owned by Ramsey; and WHEREAS, said agreement was amended and extended on December 11, 1992 with a term expiration of May 20, 2015 and Ramsey has recently requested to further extend the agreement prior to its expiration; and WHEREAS, the Village Attorney has negotiated a successor agreement incorporating the terms and conditions of the May 20, 1980 and December 11, 1992 agreements and with an expiration date of May 20, 2034; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute an agreement between the Village of Scarsdale and John Ramsey, substantially in the Village Board of Trustees 08-12-2014 P a g e | 254 same form as attached hereto, and that the Village Manager is further authorized to perform all necessary administrative acts in connection therewith. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Police Commissioner Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding an Intermunicipal Agreement between the County of Westchester and the Village of Scarsdale for Access to the Westchester County Repository for Integrated Criminalistic Information (RICI) was approved by the vote indicated below: WHEREAS, the County of Westchester (County) has implemented a system called the Westchester County Repository for Criminalistic Information (“RICI System”) to allow for the electronic transmission and storage of criminal record and police blotter information; and WHEREAS, the type of information that is transmitted and stored on the system includes, but is not limited to, information related to a subject’s arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs and related data; and WHEREAS, the information is stored chronologically on a central computer maintained by the County and is shared by multiple law enforcement agencies having access to the system; and WHEREAS, in the interest of justice, it is prudent for the Scarsdale Police Department (SPD) and other law enforcement agencies to cooperate in the lawful sharing of the aforementioned records; and WHEREAS, the SPD currently has access to the system through an Inter-Municipal Agreement with the County that has been effective since November 1, 2009 and expires on October 31, 2014; and Village Board of Trustees 08-12-2014 P a g e | 255 WHEREAS, the SPD desires to have continued access to the RICI System and in order to do so must renew the Intermunicipal Agreement with the County; and WHEREAS, the attached renewal agreement is valid for a five year period from November 1, 2014 through October 31, 2019, with all other terms and conditions unchanged; now therefore, be it RESOLVED, that the Village Manager and Police Chief are hereby authorized and directed to execute an Intermunicipal Agreement with the County of Westchester, in substantially the same form as attached hereto, for access to the County’s Repository for Information on Criminalistic Information; and be it further RESOLVED, that the Village Manager and Police Chief are herein authorized to undertake any administrative acts required under the terms of the 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 Pekarek, the following resolution regarding the Scarsdale Concours d’Elegance was approved by a unanimous vote: WHEREAS, The Scarsdale Concours Incorporated has requested permission to hold the 11th Annual Scarsdale Concours d’Elegance in the Village Center on Sunday, October 5, 2014 with a rain date scheduled for Sunday, October 12, 2014; and WHEREAS, this event, for which all proceeds are donated to local service organizations, including the Scarsdale/Edgemont Family Counseling Service and Scarsdale Foundation, requires the temporary closure of several streets in the Village Center, including Spencer Place, Harwood Court, Boniface Circle and Chase Road, with the Scarsdale Police Department assisting with the street closures and providing traffic control during the event; and Village Board of Trustees 08-12-2014 P a g e | 256 WHEREAS, the Scarsdale Concours Auto Show is an event coordinated by dedicated volunteers including former Scarsdale High School students and Village residents; and WHEREAS, the event draws over 100 antique-car participants, hundreds of spectators and dozens of sponsors and has been successfully held in the Village of Scarsdale for the past ten years and involves showcasing vintage and new cars resulting in proceeds exceeding $200,000; and WHEREAS, the Scarsdale Concours Incorporated has provided the Village of Scarsdale Police Department with generous donations over the years, funds of which were used toward the purchase of specialized equipment including a police motorcycle; now therefore be it RESOLVED, that the Village Board is desirous of accommodating this event and grants permission to hold the 11th Annual Scarsdale Concours d’Elegance in the Village Center on Sunday, October 5, 2014 with a rain date scheduled for October 12, 2014, subject to the receipt of a certificate of liability insurance at limits approved by the Village Attorney; and be it further RESOLVED, that the Village Manager is herein authorized to execute the attached Village Event Permit form. ******** Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding the Peter C. Alderman Foundation Charitable Walk was approved by a unanimous vote: WHEREAS, the Peter C. Alderman Foundation (PCAF) is a non-profit organization whose mission is to heal the emotional wounds of survivors of terrorism and political violence by training indigenous doctors and establishing clinics in post-conflict countries around the globe; and WHEREAS, the PCAF was established in 2003 as a living memorial to Peter C. Alderman, a life-long Scarsdale resident and 1994 Scarsdale High School graduate, who was tragically killed in the September 11, 2001 World Trade Center terrorist attacks while employed with Bloomberg LP; and WHEREAS, the PCAF has requested the use of certain Village sidewalks and roadways in the Fox Meadow neighborhood on Saturday, September 13, 2014 from 11:00 AM to 12:00 PM for the purpose of holding a charitable walk to benefit the PCAF; and Village Board of Trustees 08-12-2014 P a g e | 257 WHEREAS, the PCAF has also requested use of the lower level parking lot at Village Hall on Saturday, September 13, 2014 from 10:00 AM to 4:00 PM as a staging and parking area; and WHEREAS, approximately 100 individuals are expected to participate in the walk which will commence at Village Hall and end at the Fox Meadow Elementary School where participants will attend a picnic on the school grounds; and WHEREAS, the walk will take place predominantly on existing Village walkways without the need to close any Village roadways while under the supervision of the Scarsdale Police Department; and WHEREAS, the PCAF has agreed to reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department overtime, and provide a certificate of liability insurance naming the Village as an additional insured at limits approved by the Village Attorney; now therefore be it RESOLVED, that the Village Board herein grants permission to the Peter C. Alderman Foundation to conduct a charitable walk on Village walkways and roadways on Saturday, September 13, 2014 rain or shine, in accordance with the route map attached hereto, and for the use of the Village Hall lower level parking lot for participant staging and parking purposes; and be it further RESOLVED, that the Village Manager is herein authorized to execute the attached Village Event Permit form. ******** Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution to award VM Contract #1174 – Refurbish (2) Existing Cab/Chassis’ and Furnish, Install and Deliver Two (2) New 25 CY Rear Loading Refuse Collection Packers was approved by the vote indicated below: WHEREAS, on an annual basis, the Village anticipates providing for the replacement of one (1) rear loading refuse collection packer in accordance with the Department of Public Works Vehicle and Equipment Retirement Schedule Program; and WHEREAS, recent reductions in the Capital Budget appropriations for Department of Public Works equipment has interrupted the refuse packer replacement schedule, with only two vehicles having been replaced since 2009; and Village Board of Trustees 08-12-2014 P a g e | 258 WHEREAS, an appropriation of $220,000 is identified in the FY 2014/15 Capital Budget for one refuse packer replacement, however, after a careful review it is the recommendation of the Superintendent of Public Works to refurbish the cab/chassis of two existing packers and outfit them with new packer bodies; and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on July 4, 2014 under VM Contract # 1174 - Refurbish (2) Existing Cab/Chassis’ and Furnish, Install and Deliver Two (2) new 25 CY (cubic yard) Rear Loading Refuse Collection Packers; and WHEREAS, on the bid opening date of July 15, 2014, two bids were received for Proposal “A” – Furnish and Install (2) two new 25 CY Refuse Bodies, one from Long Island Sanitation Equipment Co., 1670 New Highway, Farmingdale, NY 11735 and the other bid received from Sanitation Equipment Corp., South 122 Route 17 North, Paramus, NJ 07652 and one bid received for Proposal “B” – Refurbish existing cab and chassis and deliver to the body installer, from Nassau Suffolk Truck, 101 Cleveland Avenue, Bay Shore, NY 11706; and WHEREAS, the lowest responsible bidder meeting all contract specifications for Proposal “A” was received from Sanitation Equipment Corp. for a total bid price of $133,980.00 which includes a $6,000 contract deduction rebate for scrapping the existing truck bodies (Option #1); and WHEREAS, the lowest responsible bidder meeting all contract specifications for Proposal “B” was received from Nassau Suffolk Truck, for a total bid price of $43,654.60, including $25,854.60 for the Base Bid, $1080.00 for Option #1, rebate for scrapping the existing truck bodies and $16,720.00 for Option #2 for the installation of air conditioning in both cabs; and WHEREAS, after reviewing the bids it is beneficial for the Village to accept Proposal “A”, Option # 1 from Sanitation Equipment Corp. which includes a rebate of $6,000 for both truck bodies, and to accept Proposal “B” from Nassau Suffolk Truck which is a vendor on the Nassau County contract for “Reconditioning and Refurbishing of County Trucks” and the Village is familiar and satisfied with the past work of both vendors; now therefore be it RESOLVED, that VM Contract # 1174 - Refurbish (2) Existing Cab/Chassis’ and Furnish, Install and Deliver Two (2) new 25 CY Rear Loading Refuse Collection Packers, Proposal “A” be awarded to Sanitation Equipment Corp., South 122 Route 17 North, Paramus, NJ 07652 at the bid price of $133,980.00, which includes Option #1, a contract deduction of $6,000 for the scrap value of truck bodies; and be it further Village Board of Trustees 08-12-2014 P a g e | 259 RESOLVED, that VM Contract # 1174 - Refurbish (2) Existing Cab/Chassis’ and Furnish, Install and Deliver Two (2) new 25 CY Rear Loading Refuse Collection Packers, Proposal “B” be awarded to Nassau Suffolk Truck, 101 Cleveland Avenue, Bay Shore, NY 11706 at the bid price of $42,574.60, which includes $16,720.00 for contract Option #2 for the installation of air conditioning in both cabs; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract # 1174 – Refurbish (2) Existing Cab/Chassis’ and Furnish, Install and Deliver Two (2) new 25 CY Rear Loading Refuse Collection Packers Proposal “A”, with Sanitation Equipment Corp., South 122 Route 17 North, Paramus, NJ 07652 and Proposal “B” with Nassau Suffolk Truck, 101 Cleveland Avenue, Bay Shore, NY 11706; and be it further RESOLVED, that the cost of the refurbishment of the refuse packers pursuant to VM Contract #1174, be charged to Capital Budget Account H-8797-965 2015- 081 – Equipment Sanitation Refuse Packers; and be it further RESOLVED, that the Village Manager is herein authorized to undertake all administrative acts required pursuant to the terms of the contract. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves Mayor Steves commended staff for saving a substantial amount of money on this item. The Public Works staff viewed alternatives to buying new equipment and recognized the value of refurbishing equipment. ******** Personnel Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Brodsky, the following resolution regarding an Appointment of the Alternate Member to the Planning Board was approved by a unanimous vote: WHEREAS, Marc Samwick, 204 Mamaroneck Road, resigned from his position on March 19, 2014 as an Alternate Member of the Planning Board, resulting Village Board of Trustees 08-12-2014 P a g e | 260 in a vacancy; and WHEREAS, the Village Board’s Personnel Committee, at their July 22, 2014 meeting, reviewed and discussed the appointment of Harold Porosoff to fill the unexpired term of Marc Samwick as an Alternate Member of the Planning Board and herein recommends to the Full Board that Mr. Porosoff be appointed to said position; now therefore be it RESOLVED, that Harold Porosoff, 22 Olmstead Road, is herein appointed as an Alternate Member of the Planning Board to fill the unexpired term of Marc Samwick, effective immediately, for a term expiring on April 2, 2018, or until such time as a successor is appointed. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Brodsky, the following resolution regarding an Appointment to the Conservation Advisory Council was approved by a unanimous vote: WHEREAS, in accordance with Section 21-1 of the Scarsdale Village Code, the Conservation Advisory Council (CAC) shall consist of nine members appointed by the Village Board for two year terms; and a vacancy currently exists on the Council, and WHEREAS, the Village Board’s Personnel Committee, at their July 22, 2014 meeting, reviewed and discussed the resume of Josh Stampfli, to fill said vacancy and herein recommends to the Full Board that Josh Stampfli be appointed to serve for a term expiring on April 6, 2015; now therefore be it RESOLVED, that Josh Stampfli, 151 Rock Creek Lane, is herein appointed to the Conservation Advisory Council for a term expiring April 6, 2015, or until such time as a successor is appointed. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Lee, the following resolution regarding an Appointment of the Chair of the Advisory Council on Youth was approved by a unanimous vote: WHEREAS, the Village Board’s Personnel Committee, at their July 22, 2014 meeting, reviewed and discussed the appointment of Advisory Council on Youth member Robin Schiff to the position of Chair and herein recommends to the Full Board that Dr. Schiff be appointed to serve as the Chair of the Advisory Council on Youth; now therefore be it Village Board of Trustees 08-12-2014 P a g e | 261 RESOLVED, that Robin Schiff, 12 Sage Terrace, is herein appointed as Chair to the Advisory Council on Youth effective immediately for a term to expire on April 6, 2015, or until such time as a successor is appointed. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Brodsky, the following resolution regarding the Reappointment of the Associate Village Historian was approved by a unanimous vote: WHEREAS, the Village Board, at their April 8, 2014 Annual Organizational Meeting, adopted a resolution appointing members to serve on various Village Boards, Councils and Committees; and WHEREAS, Lucas Meyer, 21 Autenrieth Road, had served as the Associate Village Historian for the previous year and wished to continue to serve; and WHEREAS, based on their deliberations, it was the intent of the Personnel Committee of the Village Board to reappoint Lucas Meyer for a one year term; however, the appointment was inadvertently omitted from the aforementioned April 8, 2014 resolution; now, therefore be it RESOLVED, that Lucas Meyer, 21 Autenrieth Road, is hereby re-appointed to serve as the Associate Village Historian for a term expiring April 6, 2015, or until such time as a successor is appointed. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Brodsky, the following resolution regarding an Appointment to the Committee for Historic Preservation was approved by a unanimous vote: WHEREAS, in accordance with Section 182-3 B of the Scarsdale Village Code, the Committee for Historic Preservation shall consist of seven (7) members and one (1) alternate member appointed by the Village Board for three year terms; and the (1) alternate member vacancy currently exists on the Council, and WHEREAS, the Village Board’s Personnel Committee, at their July 22, 2014 meeting, reviewed and discussed the resume of John Cromwell, to fill said vacancy and herein recommends to the Full Board that John Cromwell be appointed to serve for a term expiring on April 3, 2017; now therefore be it RESOLVED, that John Cromwell, 269 Nelson Road, is herein appointed as an alternate Village Board of Trustees 08-12-2014 P a g e | 262 member to the Committee for Historic Preservation for a term expiring April 3, 2017, or until such time as a successor is appointed Trustee Pekarek thanked Trustee Martin of the Personnel Committee and Village Clerk Conkling of the Village Staff who was of great assistance. She also thanked the residents for their service on the Boards and Councils. ******** Recreation Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding Use of Scarsdale Recreational Facilities for Filming Activity was approved by the vote indicated below: WHEREAS, the Village of Scarsdale is a desirable location for certain commercial filming activity for entertainment purposes and such requests are reviewed and decided on a case by case basis relative to their impact on the public health, safety and welfare, the suburban quality of life enjoyed by our residents and the potential interference with municipal functions and operations; and WHEREAS, Bootleg Productions, Inc., a New York based production company, has requested use of the Scarsdale Municipal Pool Complex (Complex), specifically the diving pool, for an underwater filming scene for a television show production, which can only be accomplished in a minimum twelve-foot depth isolated pool such as the Village’s diving pool; and WHEREAS, the diving pool is the least used of the four pools at the Complex and is historically closed on some weekdays in August due to staffing limitations as college-aged lifeguards return to school; and WHEREAS, the filming activity would not require the closing of the Complex and the diving pool area will be sectioned off from the main, intermediate and kiddie pools, allowing pool members to enjoy the remaining three pools during the filming activity; and WHEREAS, access to the diving pool for the filming activity is available through a separate entrance and parking area minimizing the disruption to pool members; and WHEREAS, Bootleg Productions, Inc. has also requested use of the upper parking lot of the Complex and the Village’s Leaf Transfer Station, located at the Crossway Field Complex, in order to park their production vehicles; and Village Board of Trustees 08-12-2014 P a g e | 263 WHEREAS, Bootleg Productions, Inc. has agreed to pay the Village a fixed daily fee as identified in the event agreement attached hereto and made a part hereof, and reimburse the Village for all ancillary costs incurred by the Village, including administrative, police and recreation staff time; and WHEREAS, Bootleg Productions, Inc. is requesting a minimum of two calendar days for filming, with those days tentatively being Monday, August 18 and Tuesday, August 19, 2014, up to a maximum of four days (weekdays only), as approved by the Superintendent of Recreation in accordance with the attached request; and WHEREAS, Village staff believes that this filming activity at the Complex is not a threat to public health, safety and welfare and should not disrupt the Village residents, neighbors and pool members; now therefore be it RESOLVED, that the Village Board herein grants permission to Bootleg Productions, Inc., 15 Washington Avenue, Suite 3365, Brooklyn, New York 11205, for use of the Scarsdale Municipal Pool Complex, specifically the diving pool and upper parking lot as well as the parking available in the Leaf Transfer Station at the Crossway Field Complex, on Monday August 18 and Tuesday August 19, 2014, or such other dates, not to exceed four in total, as may be determined by the Recreation Superintendent pursuant to the attached agreement between the Village and Bootleg Productions, Inc. for the purpose of filming a scene for a television show, subject to the receipt of a certificate of liability insurance naming the Village as an additional insured at limits approved by the Village Attorney; and be it further RESOLVED, that the Village Manager is herein authorized to execute the agreement between the Village of Scarsdale and Bootleg Productions, Inc. identifying the terms and conditions of this filming activity, in substantially the same form as attached hereto; and be it further RESOLVED, that Bootleg Productions, Inc. agrees to indemnify and hold the Village harmless in all actions, claims, judgments, costs and expenses arising from the filming activity and use of Village property and to restore all public areas utilized to the same condition as existed prior to their use of the property; and be it further RESOLVED, that Bootleg Productions, Inc. shall pay the Village the per diem fee identified in said agreement and further reimburse the Village for any additional costs, including but not limited to, personnel incurred by the Village in conjunction with this event; and be it further Village Board of Trustees 08-12-2014 P a g e | 264 RESOLVED, that the Village Manager is herein authorized to complete all other administrative acts necessary pursuant to this agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Other Committee Reports Trustee Stern reported on behalf of the Sustainability Committee. He stated that he and Trustee Pekarek, Village staff, and members of the Scarsdale Forum Sustainability Committee met with the designer of the Firehouse to go over the green nature of the building. They were very impressed with the presentation. They will provide almost 100% LED lighting, which contributes to the greenness of the building. They also paid great attention to installation and other green considerations for the building. Trustee Stern stated that they had a second meeting; they discussed the possibility of putting solar electric on the roof of the building. Aside from financial and payback issues, the only issue that was brought up regarding solar electric on the roof was the structural integrity of the existing roof. The Committee contacted a very large solar electric provider who happens to have an office in Port Chester to give the Committee an idea of what would be involved and what the cost would be. They had a meeting with Fire Chief Cain, Staff Project Manager Paul Zaicek, Trustee Pekarek, a member of the Forum Sustainability Committee, and himself. The solar company will send an engineer to investigate and do a structural analysis of the roof. If it is possible, the company submitted an initial proposal as to what the green consequences of the installation would be. He then explained what the benefits of the solar electric on the roof would be in terms of kilowatts and the savings in one year in carbon emissions (27, 162 lbs.); or equivalent to not driving a car for 28, 373 miles, or the equivalent of growing 316 trees for ten years. The Committee is investigating this further and waiting for the engineer’s report on the roof structure. As more information becomes available, the Committee will share it with the Board. Mayor Steves thanked Trustees Stern and Pekarek for their work in this regard. ******** Village Board of Trustees 08-12-2014 P a g e | 265 Liaison Reports None. Written Communications Village Clerk Conkling reported that three (3) communications were received since the last meeting: • A letter from Janet Bell, President of the West Quaker Ridge Neighborhood Association regarding the condition of certain residential properties either under construction or pre-construction. • A letter from Phyllis Finkelstein, 41 Fenimore Road, urging the Board to seek wider public opinion regarding a leaf mulching program which may unfairly burden some homeowners. • A letter from Stephen Oder regarding the project at 2-4 Weaver Street and his concerns about the timing of the process to reaffirm site plan approval. Mayor Steves stated that with respect to the last letter, the Board scheduled a Land Use Committee meeting on August 26, 2014 at 8:00 A.M. to discuss how the Board would like to proceed. That meeting will be advertised. ******** 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 9:54 P.M. Donna M. Conkling Village Clerk