Board of Trustees

Village Board of Trustees 09 -23-2014 P a g e | 295 THREE THOUSAND TWO HUNDRED FIFTEENTH REGULAR MEETING Rutherford Hall Village Hall September 23, 2014 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, September 23, 2014 at 8:00 P.M. Present were Mayor Steves, Trustees 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, Village Clerk Conkling and Assistants to the Village Manager Scelza and Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of September 9, 2014 were approved on a motion entered by Trustee Martin, seconded by Trustee Pekarek, and carried unanimously. ******** Bills & Payroll Trustee Stern reported that he had audited the Abstract of Claims dated September 23, 2014 in the amount of $1,438,848.73 which includes $59,970.00 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 Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated September 23, 2014 in the amount of $1,438,848.73 is hereby approved. ******** Mayors Comments Mayor Steves stated that he attended the Southern Westchester Food and Wine Festival on Sunday in Scarsdale and not only did he enjoy himself, it gave him a chance to witness the Village Board of Trustees 09 -23-2014 P a g e | 296 work of the Village Staff – Fire, Police, and in particular the Sanitation Department. He complimented the Village Manager and his staff for showing Scarsdale at its very best. Just before this meeting, the Village Board met with the Cable Television Commission. The Cable Television Commission is one of the Boards and Councils appointed by the Board to serve a particular purpose in support of the community and they are volunteers as all those appointed to the various Boards and Councils are. They had a very robust conversation about the future of cable television in the Village and that dialogue will be continued. A meeting has been scheduled for October 28th at 6:00 P.M. to continue the Board’s discussion of that issue. On behalf of the Board, he stated that the work of the Cable Television Commission in spelling out their mission on public cable television in this community is appreciated. As a reminder, on Sunday, September 28th, the 40th anniversary celebration of Bicycle Sunday will be held at the Westchester County Center and Mayor Steves encouraged all those interested to participate. ******** Manager’s Comments Village Manager Gatta reminded the community that the Water Department will be excavating a 24” water main on Fenimore Road this Thursday, September 25th. This is a very critical valve replacement that has to be done. Fenimore Road will be closed from Fox Meadow Road to Oak Lane. Traffic will be diverted around the block. The work will begin at approximately 9:00 A.M. and it is hoped that work will be finished by 4:00 P.M. A Police Officer will be posted at each end of the road closure to direct traffic. Mayor Steves added that this valve work is one of the final stages of the improvements at Reeves-Newsome Pump Station. Work is on schedule and both pumping stations will now be state-of-the-art. ******** Public Hearing Trustee Stern opened the Public Hearing scheduled for this evening to receive comments on the number of taxicabs to be licensed in Scarsdale in 2015, pursuant to Section 272-3 of the Village Code. He explained that Scarsdale has up to 25 taxicabs that can licensed, of which 23 are licensed. Studies of the demographics of Scarsdale have been done – population and Metro North ridership for the past year were considered. Issuance of 25 licenses seems to be the upper limit; 23 licenses appear to be the average number issued. He requested any public comment on this topic at this time. As there were no public comments, Trustee Stern closed the public hearing and introduced the resolution. Village Board of Trustees 09 -23-2014 P a g e | 297 Upon motion entered by Trustee Stern, and seconded by Trustee Samwick, the following resolution regarding the Number of Taxicabs to be Licensed in the Village of Scarsdale for 2015 was adopted by a unanimous vote: WHEREAS, Village staff has reviewed the necessary areas of taxi service in accordance with Article II, Section 272-3 of the Village Code in order to recommend the number of taxicabs to be licensed in the year 2015; and WHEREAS, the Village Board of Trustees approved the issuance of up to twenty-five (25) taxicab licenses in 2014, with the Village Clerk issuing twenty-three (23) taxicab licenses in this year; and WHEREAS, based on population, train ridership data and the number of licenses sold, Village staff has determined that the current number of 25 taxicab licenses is adequate for the proper supply of service throughout the Village in 2015; now therefore be it RESOLVED, that pursuant to Article II, Section 272-3 of the Scarsdale Village Code, the number of taxicab licenses to be issued in 2015 should be set at twenty-five (25); and be it further RESOLVED, that the Village Clerk is hereby authorized to issue said licenses in accordance with the provisions of the Village Code. ******** Public Comments Lorayne Fiorillo, Cable Television Commission Chair, thanked the Mayor, Board of Trustees and all of the Village staff for the tremendous amount of time they have spent listening to the Cable Television Commission and considering their proposals. The Cable Television Commission is looking forward to providing a robust and excellent tool for the Village of Scarsdale and the residents to become more involved, more engaged and to take more advantage of everything that is wonderful in Scarsdale. They are also looking forward to doing this as inexpensively and quickly as possible. She again thanked the Board for taking the time to consider their proposal. Lynne Clark, 13 Walworth Avenue, stated that she is a long time resident of Scarsdale and cares deeply about the past, present and future of the Village. She had just learned recently about the proposal for New Rochelle to provide cable television services. She stated that she respectfully opposes this resolution. It is not in the best interest of Scarsdale’s present and future. The Village needs to stand on its own two feet in this regard. We need to enhance our own cable television coverage. She stated that she hoped that the Southern Westchester Food and Wine Festival was covered by the Village’s cable television. Scarsdale needs to keep up with other Towns in the area who are way ahead of us in terms of cable television service. The Board Village Board of Trustees 09 -23-2014 P a g e | 298 needs to listen to the Cable Television Commission, who has worked hard to bring their best advice to the Board which is to reject this proposal. The Board also needs to listen to their advice to improve the current system. Michelle Lichtenberg, President, Scarsdale Public Library, stated that she and her colleague, Library Board Vice-President Terri Simon (also present), through their work with the library leads them to personally oppose the consolidation of Scarsdale public television with the cable system of the city of New Rochelle. She discussed the impact that this would have on the Library – the library is the hub of all activity in the Village. In addition to the soaring circulation and usage of the library, the library hosts and produces a vast array of programs and activities for adults and children. As the Board knows, the library has embarked on a planning process to enhance the library’s physical facility so that they can maximize the vitality of the library. Ms. Lichtenberg continued, stating that they aim to raise the profile of the library by showcasing even better the special resource that it is and the special events that happen there. Terri Simon, Vice-President, Scarsdale Public Library, stated that Scarsdale Public Television is potentially an important partner this effort Ms. Lichtenberg mentioned. The Cable Television Commission has recently approached them on a variety of ideas; for example, permission to install equipment for taping, broadcasting, and even live streaming of programs, events, and speakers in the Scott Room to share access to these events by a wider Scarsdale audience that cannot attend in person. They have also expressed in how the library’s evolving facility planning might incorporate space for cable television materials and programming. These are early days for these ideas; the Library Board has yet to receive any detailed proposals to consider these ideas in any formal way which is why she and Ms. Lichtenberg are speaking as individuals this evening and not on behalf of the full Board. It would be precipitous to rush into a consolidation with the City of New Rochelle before the Library and the Cable Television Commission have had a full opportunity to explore what could be a fruitful collaboration. They respectfully urged the Village Board to vote against the proposed consolidation. Richard Garwin, 1 Christie Place, stated that he was here this evening to oppose consolation of the Scarsdale Public Television service with the City of New Rochelle. He noted that with new technology, cable television is far less expensive than it used to be to have front end and he added that information he read in the Scarsdale Inquirer suggests that there is a good deal of money available which would most likely cover the investment. Bruce Wells, 40 Chase Road, stated that he has attended a couple of Cable Television Commission meetings and has found that the Commission is extremely vibrant and has a lot of good ideas looking forward into the future. He stated that he thinks it is a mistake to consolidate with the City of New Rochelle at this point. The Cable Television Commission has a lot of potential, they have a lot of great ideas. He noted the advances in technology and the different ways to communicate with the residents in addition to cable television. It is an inopportune time to combine with New Rochelle; he recommended against combining the Village’s cable services with New Rochelle. Village Board of Trustees 09 -23-2014 P a g e | 299 Florence Gross, 39 Darling Avenue, New Rochelle, stated that she uses Scarsdale streets daily. She stated that she was stopped a year ago this week for failing to make a full stop at a stop sign. She stated that she could not believe it and asked the officer for evidence. He informed her that he had it on film in his car and that she was not obliged to see it until she appeared in Court. She wrote a note to the Court stating that she has always obeyed the law and works with the New York Attorney General’s Office. She stated that she appeared in Court on March 19th and she was refused the opportunity to say that she wasn’t guilty. She was fined, paid the fine and was then considered guilty. She stated that she is protected by her “Right to Know” under the New York State Open Government Laws and has filed with the State Department on Judicial Activity blaming Judge Galloway for not giving her the rights of the Court. She has also filed with the New York State Department of Civil Rights. She asked the Village Board to find out what is going on in the Village’s Traffic Court. She would like to know if others are also being denied their rights. She stated that Judge Galloway has done a serious deprivation to her and her civil rights and she wanted this somehow adjusted by the Village Board. She submitted copies of the ‘Crime Victims Bill of Rights’ and ‘Your Right to Know’ publications to the Board. Max Marienberg, 22 Overhill Road, stated that he thought that Scarsdale Cable Television should stay in Scarsdale. He knows a lot of people who would like to be on television programs, but beyond CNN they can’t because they are either underqualified or unattractive. If the Village’s Cable Television merges with New Rochelle it will make it more difficult for these people. William Marienberg, 22 Overhill Road, urged the Board to not merge the Scarsdale Cable Television with New Rochelle; he thinks that would be a big mistake. There are talented people on the Cable Television Commission who want to do some creative things that would benefit Scarsdale if given the freedom to do so. He urged the Board to not take this step and leave the Cable Television the way it is. Martin Kaufmann, 322 Heathcote Road, stated that he wanted to address the item on the Agenda under Land Use Committee concerning the sale of Village owned land abutting 2-4 Weaver Street. He urged the Board of Trustees not to authorize entering into the contract in its present form for the reasons explained in the lengthy letter that he sent to the Trustees and the Land Use Committee. He feels that the contract does not adequately protect the Village and the community against deviations from plans and the actual construction. He feels that the Building Department does not have adequate resources or expertise to enforce the terms of the contract because of the nature and complexity of the project. The provision for a design monitor is a step in the right direction; however, his rule is only to review the plans rather than review and monitor the actual construction. The provisions for safeguarding the interests of the Village need to be beefed up. Robert Harrison, 65 Fox Meadow Road, stated that he attended the meeting this evening with the Cable Television Commission. He stated that he would be interested in seeing the Intermunicipal Agreement with the City of New Rochelle for shared Cable Television services. He stated that he strongly endorses the presentation made by the Cable Television Commission this evening. The Village’s cable television channels are underutilized. He strongly Village Board of Trustees 09 -23-2014 P a g e | 300 objects to any Intermunicipal Agreement with New Rochelle. He stated that he was informed by one member of the Cable Television Commission that the Village gets approximately $370,000 per year from Verizon and Cablevision. The Village also has Peg money that is designated only for equipment purchases; as he understands it the Village received approximately $700,000 originally and have spent $180,000 so far, so somewhere in the bank account the Village has $520,000 of Peg money. This money can be used to improve the current Cable Television programs. Mr. Harrison continued, stating that he attended the Southern Westchester Food and Wine Festival and when he was a Trustee he was very concerned about having outside promoters come into the community and use the Village Center. He stated that he estimates that the promoter made over $100,000 last year. This year the promoter raised his prices; he noted how much the restaurants and businesses pay per table. Last year the promoter had no Scarsdale charities; this year he did have the Scarsdale Volunteer Ambulance Corps listed as a charity to benefit from the event. The Board should get a full accounting when someone comes in to hold an event like this. He stated that they did a tremendous job; however, they made money that should be shared with the taxpayers of Scarsdale Mayor Steves stated that he would like to clarify the Cable Television situation. Staff brought a resolution to the Board that would have had us share an employee with the City of New Rochelle. We would not have been a partner in the New Rochelle cable program; the Village would not have administratively, policy or programming wise have been any part of a program with New Rochelle. They would not have dictated the scope of Scarsdale’s Cable Television work. This only concerns an employee that would be shared between the Scarsdale Cable Television department and the City of New Rochelle cable services. Mayor Steves stated that he wanted to make it clear that there was never a proposal on the table to merge in any meaningful way with the City of New Rochelle. In light of the continuing dialogue with the Cable Television Commission, the Board will not act on this resolution. It will continue to be tabled and in Committee. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. ******** Finance Committee Trustee Martin reported on the statements of expense and revenue for the various funds of the Village for the first quarter of fiscal year 2014-2015. General fund appropriations were 21.07% spent as of August 2014, which is a decrease of 2.4% from the 23.47% in 2013-2014. Village Board of Trustees 09 -23-2014 P a g e | 301 General Fund Revenues other than property taxes are $5,216,510 through August 2014 compared to $5,797,616 through August 2013, a decrease of $581,106. After adjusting for the FEMA receipt of $400,292 and the Con Edison Substation lease renewal payment of $148,824 (normally due in January), revenues were only down $31,900. Public Utility Tax, Sales Tax and Parking Permit and Meter revenue are up an aggregate of $91,600. Recreation fees are up $95,300. Property Rentals are down $157,100 due to the aforementioned Con Ed lease payment. State Aid is down $394,800 since the 2013-2014 figures included FEMA aid and License and Permit revenue declined $159,100 over last year. Please note that the 2013 first quarter License and Permit revenue included a single permit fee of $196,000. The largest single permit fee for 2014 to date3 is $91,000. All other revenue categories combined had a net decrease of $42,900 in revenue. The actual collection of Village taxes through August 31, 2014 is at 97.90% which is up 0.04% from the 2013 collection percentage of 97.86%. ******** Fire Commissioner Upon motion entered by Trustee Martin, and seconded by Trustee Lee, the following resolution regarding Service Time Extension for Firefighter William M. Ciraco was adopted by a unanimous vote: WHEREAS, Firefighter William M. Ciraco of the Village Fire Department has requested a one-year extension of his service time beyond the thirty (30) year service time limit established by Local Law #1 of 1970; and WHEREAS, pursuant to said local law, the extension requires the approval of the Village Board of Trustees at least one year prior to the firefighter completing thirty (30) or more years of service; and WHEREAS, Firefighter William Ciraco has been recommended for such extension by Fire Chief Thomas M. Cain conditioned on his passing the necessary physical examinations provided by the Village during Calendar Years 2015 and 2016; and WHEREAS, it is in the best interest of the Village to grant such one-year extensions in this case; now therefore be it RESOLVED, that Firefighter William M. Ciraco of the Village of Scarsdale Fire Department is hereby granted a one-year extension of his service time in the Department from November 1, 2015 to November 1, 2016; and be it further Village Board of Trustees 09 -23-2014 P a g e | 302 RESOLVED, that such one-year extension is conditioned on Firefighter William M. Ciraco passing the annual physical examinations to be given in Calendar Year 2015 and 2016. ******** Municipal Services Committee Village Manager Gatta had noted that there was a typo in the Agreement with Greenburgh Nature Center on page one, paragraph one – “Village’s fee for these services should read $9,398.00”. Upon motion entered by Trustee Stern, and seconded by Trustee Samwick, the following resolution regarding an Agreement with Greenburgh Nature Center – Fall Leaf Collection Program Public Education Campaign as amended was adopted by the vote indicated below: WHEREAS, the Village Board is considering a resolution of August 12, 2014 that would no longer allow for the collection of leaves by the Village using the methodology of vacuuming leaf piles on the sidewalk and street, said resolution was referred to the Committee of the Whole to hold public comment sessions; and WHEREAS, should the resolution be adopted by the Village Board, beginning in the fall of 2015, the Village will no longer collect loose leaves on a weekly basis piled at curbside with vacuum equipment and the Village Board will by local law and budgeting limitation only permit the pick-up of leaves by the Village Public Works Department when bagged by the homeowner, or a representative of the homeowner and will accept the delivery of leaves when brought directly to the Village leaf transfer station at Crossways by a homeowner, or representative of a homeowner; and WHEREAS, the purpose and public policy, supporting this proposed change in the level of Village service are the environmental benefits to be realized by predominately having property owners perform on-site leaf mulching. The mulching of leaves on-site promotes safety by having leaf piles not obstructing sidewalks and roadways; eliminating leaves from entering storm drains; reducing the noise caused by leaf blowers and vacuum machines and reducing the amount of leaching from leaf piles that result in high levels of nitrogen and phosphorous in Long Island Sound which contributes to the oxygen deficiently that disrupts balanced and prosperous ecology for fish, plant life and other wildlife; 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 Village Board of Trustees 09 -23-2014 P a g e | 303 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, the Greenburgh Nature Center has conducted promotional and educational programs for the County of Westchester, Town of Greenburgh and the City of New Rochelle which have included mulching demonstrations; informational call centers; planning for and contributing at public information meetings; identifying stake holders and providing staff support with communications and promotional materials. All these tasks are instrumental in promoting the mulching of leaves no matter the final decision by the Village Board to eliminate vacuuming; now therefore be it RESOLVED, that the Village Manager is herein, authorized to execute the attached agreement between the Village of Scarsdale and The Greenburgh Nature Center in the Amount of $9,398 for the services contained in Exhibit “A” and that the amount be charged to 2014-2015 budget account # A 9990 SPCL SPCL-500 1921. AYES NAYS ABSENT Trustee Lee None Trustee Brodsky Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Stern, and seconded by Trustee Samwick, the following resolution regarding Authorization to Execute a Professional Service Agreement with Dolph Rotfeld Engineering for Analysis and Investigation of Discharges to the Storm Sewer System was adopted by the vote indicated below: WHEREAS: Dolph Rotfeld Engineering, P.C. of 200 White Plains Road, Tarrytown, NY, is a venerable and experienced engineering consulting firm having assisted Westchester County and its communities for years relative to Village Board of Trustees 09 -23-2014 P a g e | 304 storm and sanitary sewer systems and, particularly, with the evaluation of excessive inflow and infiltration into sanitary and storm sewer systems, which flows are regulated by the United States Department of Environmental Protection (EPA), the New York State Department of Environmental Conservation (NYSDEC) and the Westchester County Health Department; and WHEREAS: on June 7, 2013 the EPA issued a Compliance Order to the Village of Scarsdale (attached) for failure to comply with the State Pollutant Discharge Elimination System (SPDES) general permit for stormwater discharges from Municipal Separate Storm Sewer Systems (MS4) of which the Village is classified, by discharging pollutants, specifically coliform and/or fecal coliform, in excess of NY Water Quality Standards at two stormwater outfalls of the 24 outfalls that exist at the Bronx (18) and Hutchinson (8) Rivers; and WHEREAS: sampling performed by the EPA at various outfalls indicated that HR4 at South Woods and East Woods Roads (Hutchinson River) and BR11 at River Road (Bronx River) resulted in pollutant discharges of greater than permitted amounts and, thus, found the Village in violation of its SPDES permit and ordered it to identify the sources of pathogens and eliminate these discharges through stormwater sampling and dye and smoke testing to identify any illicit sanitary connections to the storm sewer system; and WHEREAS, since the costs for this investigation work and remediation, unfortunately, is not exempt from the 2% NYS Tax CAP levy, the Village must develop a strategy for including the investigation and remediation work within the CAP levy and, should it be determined that the Village will endeavor to stay within the CAP for its 2015-2016 budget, compliance will be extremely challenging and possibly conflict with the effort to maintain the current level of Village-wide services; now therefore be it RESOLVED: that the Village Manager is authorized to execute the attached agreement with Dolph Rotfeld Engineering, P.C., 200 White Plains Road, Tarrytown, N.Y., 10591 in substantially the same form as attached hereto, in an amount not to exceed $20,000 for the services outlined in “Exhibit A” of the agreement, and that said amount be charged to the FY 2013-2014 Capital Budget Account #H8597-965-2014-014 - NPDES Phase II Compliance, where sufficient funds exist. AYES NAYS ABSENT Trustee Lee None Trustee Brodsky Trustee Martin Trustee Pekarek Trustee Samwick Village Board of Trustees 09 -23-2014 P a g e | 305 Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Stern, and seconded by Trustee Martin, the following resolution regarding Authorization to Renew a Revocable License Agreement for Vehicle Towing Services was adopted by the vote indicated below: WHEREAS, pursuant to a request for proposal process, the Village Board of Trustees adopted a resolution on September 24, 2013 (attached) to enter into an agreement with Vincent’s Service Station, Inc., (Vincent’s) for the purpose of providing motor vehicle towing, motor vehicle storage and related roadside services within the boundaries of the Village of Scarsdale; and WHEREAS, the term of the agreement was for a period of one (1) year with an option to renew for three (3) additional one year periods under the same terms and conditions upon mutual agreement of both parties; and WHEREAS, the Village is satisfied with the level of service provided by Vincent’s and both parties are desirous of renewing the vehicle towing services agreement for an additional year as provided for in the agreement; and WHEREAS, the terms and conditions of the September 20, 2013 agreement remain unchanged with the exception of paragraph 1.B. in which Vincent’s shall pay the Village a sum of $3,640.00, representing a 4% increase year to year, for the one year agreement renewal; now therefore be it RESOLVED, that the Village Manager is herein authorized to renew the License Agreement with Vincent’s Service Station, Inc., 636 Fenimore Road, Mamaroneck, NY 10543, in substantially the same form as attached hereto, for a period of one year from September 20, 2014 through September 20, 2015, for the purpose of providing motor vehicle towing, motor vehicle storage and related roadside services within the boundaries of the Village of Scarsdale in accordance with the terms and conditions of said agreement, including the aforementioned change to paragraph 1.B. ;and be it further RESOLVED, that the Village Manager is herein authorized to undertake administrative acts as may be required pursuant to the terms of the agreement; and be it further RESOLVED, that the Village Manager is herein authorized to renew the license agreement for the two additional one year renewal terms provided for, as Village Board of Trustees 09 -23-2014 P a g e | 306 long as there are no substantial changes to the existing terms and conditions. AYES NAYS ABSENT Trustee Lee None Trustee Brodsky Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Personnel Committee The resolution on the agenda this evening to appoint a member to the Town Board of Assessment Review. Mayor Steves noted that the appointment can only be made by the Town Board. As the Board is not sitting as the Town Board this evening, and did not notice this as a Town Board item, this will be placed on the next Town Board agenda for Tuesday, October 14th. ******** Land Use Committee Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding the Sale of Village Owned Land Abutting 2-4 Weaver Street was adopted by the vote indicated below: WHEREAS, Frederick S. Fish Investment Company – 32 Scarsdale, LLC (hereinafter “F. S. Fish”) is the owner of property located at 2-4 Weaver Street, known on the official tax map of the Village as Section 18, Block 2, Lot 88, which is zoned Business A; and WHEREAS, F. S. Fish has proposed development of the 2-4 Weaver Street property to include a three story, 11 unit multi-family building, including one Fair and Affordable Housing unit on top of a parking deck containing 25 residential parking spaces over an existing surface parking lot; and WHEREAS, the proposed project includes and anticipates the conveyance of several parcels of land owned by the Village of Scarsdale identified on the official tax map of the Village as Section 18, Block 2, Lots 89 and 90, and an additional 5,715 sq. ft. for a total of 14,634 sq. ft. (hereinafter “Village owned land”); and Village Board of Trustees 09 -23-2014 P a g e | 307 WHEREAS, the 14,634 sq. ft. of Village owned land is currently leased and/or utilized by F. S. Fish for use in connection with the restaurant and offices located on the 2-4 Weaver Street property; and WHEREAS, after the receipt of a recommendation from the Planning Board, on November 12, 2013, the Village Board adopted a local law rezoning the Village owned land to Business A from Residence A-3 and Buffer Parking, thereby making the zoning of Village owned land consistent with the current use of the 2-4 Weaver Street property; and WHEREAS, the Planning Board’s review of the proposed project incorporates the design recommendations of the Board of Architectural Review; and WHEREAS, the Planning Board considered the application of F. S. Fish pursuant to the State Environmental Quality Review Act (SEQRA) and Chapter 152 of the Scarsdale Village Code; and WHEREAS, on May 23, 2012, the Planning Board, acting as Lead Agency, adopted a Negative Declaration, that stated that the proposed project, which contemplated the sale and conveyance of the Village owned land and includes a review and consideration of the terms and conditions contained in the non-binding term sheet, will not have a significant adverse impact on the environment and that the preparation of a Draft Environmental Impact Statement was not required; and WHEREAS, on January 22, 2014 the Planning Board approved the application of F. S. Fish, in part, contingent upon the sale and conveyance of the aforementioned Village owned land as more accurately described in Schedule A to the attached contract of sale; and WHEREAS, on May 28, 2014 the Land Use Committee (“LUC”) of the Village Board met to discuss a proposed change to the site plan which involves converting the tavern building from a full scale restaurant to three (3) residential apartments and a 1200 square foot extension to the rear of the tavern building, which the Village Board preliminarily determined, subject to an elevation drawing, was not inconsistent with the terms of the term sheet, and WHEREAS, on June 10, 2014 the LUC met to review the elevation drawing of the proposed changes to the tavern building at 2-4 Weaver Street and noted that the proposed changes were consistent with the terms of the term sheet, and advised the developer that it would not execute the contract of sale until the developer received all of the approvals from the Village’s land use boards for the amendments to their site plan; and Village Board of Trustees 09 -23-2014 P a g e | 308 WHEREAS, on August 26, 2014 the LUC met in response to the developer’s August 12, 2014 letter, which renewed the developer’s request that the Village Board execute the contract of sale with conditions. In response, the Village Board stated that there has not been any change in circumstances that would warrant reconsideration of their earlier determination to delay execution of the contract of sale until the developer received all of his approvals from the Village’s land use boards, in addition the Village Board also requested that the developer submit construction drawings also as a prerequisite to executing the contract of sale; and WHEREAS, on September 9, 2014 the developer received aesthetic approval from the BAR for the proposed changes to the tavern and main building, and on September 17, 2014 received final site plan approval from the Planning Board for their amended site plan which converts the tavern building to three residential apartments, and WHEREAS, as a result of the proposed changes to the site plan, including the tavern building, the Village Board and developer have agreed to make certain changes to the contract of sale and Declaration of Restrictions and Covenants which are attached to this resolution; now therefore be it RESOLVED, that the Village Board, an involved agency pursuant to SEQRA, hereby acknowledges the negative declaration issued by the Planning Board on May 23, 2012, that the proposed project, including the sale and conveyance of the Village owned land will not have a significant impact on the environment, and be it further RESOLVED, that the Village Manager is herein authorized to execute the attached contract of sale with F.S. Fish in substantially the same form as attached hereto, and is further authorized to execute all documents necessary for the conveyance of the Village owned land to F. S. Fish, identified on the Village tax map as Section 18, Block 2, Lots 89, 90 and certain adjacent property equating to 5,715 sq. ft. totaling 14,634 sq. ft. and the receipt of a permanent easement from F. S. Fish for the encroachment of the Village’s sidewalk on the 2-4 Weaver Street property as described in the attached contract of sale, and be it further RESOLVED, that the terms of the non-binding term sheet, dated June 5, 2013, as amended, which are incorporated in the Declaration of Covenants and Restrictions attached to the contract of sale as Exhibit 1, shall be recorded in the Westchester County Clerk’s Office against the Village owned land, as described above, and the 2-4 Weaver Street property, also known as Section 18, Block 2, Lot 88, and be it further Village Board of Trustees 09 -23-2014 P a g e | 309 RESOLVED, that the Village Manager is herein authorized to take any and all administrative acts necessary to effectuate the contract of sale to include the conveyance of the aforementioned Village owned land to F. S. Fish. AYES NAYS ABSENT Trustee Lee None Trustee Brodsky Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Mayor Steves commented on the above resolution, stating that some five years ago he sat as a Trustee and voted no because he felt the Board had not vetted this project as it should have been completely with the community. Over that time, there has been substantial community involvement and although everyone has not agreed on all the issues, he genuinely thanked all of those involved in the community bringing issues to the Board’s attention. He has watched this Board and the Staff be sensitive to the concerns of the community for a project of this size in this location and of this nature and he is convinced that they have done what they needed to do to move this project to the next step, which is what the Board is doing this evening with this vote. The message of this Board to the Staff is to the importance of getting this right, doing this right for the community and meeting the Board’s commitment to build this property as it has been approved and that is the standard that the Board will be held accountable for. Trustee Lee added that the Village intends to hire a construction monitor who will have two basic functions in connection with the project. First, the construction monitor will be charged with the responsibility of looking to see that the construction documents submitted by the developer are consistent with the approved plans by the Planning Board. The Building Permit allowing the developer to go forward will not be issued until the Construction Monitor certifies that those construction plans are consistent. The second role that the Construction Monitor will have is working with the Village Staff as a consultant, and will be reporting to Village Staff. The Construction Monitor will be charged with the responsibility of seeing that the building as it is constructed is consistent with either the approved plans or if necessary, changes in the field, he will be aware of them and bring them forward to the relevant Village Staff to make sure they are aware of them and can opine on them – yes or no. The Construction Monitor will be involved during the planning phase and during construction so that we can as best as we can assure ourselves that the building will go up in a way that is consistent with the plans. ******** Recreation Committee Village Board of Trustees 09 -23-2014 P a g e | 310 Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding Acceptance of a Gift – Donations for Youth Sports Jamboree was adopted by a unanimous vote: WHEREAS, pursuant to Policy #103: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; and WHEREAS, on September 6, 2014, the Scarsdale Parks, Recreation and Conservation Department held a Youth Sports Jamboree in conjunction with recognized Scarsdale Independent Sports Organizations and Neighborhood Athletic Associations to promote and educate the community about youth sports available year round in the Village; and WHEREAS, seventeen sport organizations and youth sport providers volunteered their time to assist the Parks, Recreation and Conservation Department in organizing and holding this successful community event which over 600 residents attended; and WHEREAS, to assist the Village with offsetting costs associated with the Youth Sports Jamboree event including paying a disc jockey, renting of sport inflatable attractions and other miscellaneous expenses, the Scarsdale Youth Soccer Club is desirous of providing a gift of $1,000 and the Scarsdale Youth Lacrosse Association is desirous of providing a gift of $500; and WHEREAS, other youth sport organizations are also interested in contributing financial support to offset Village costs associated with the event as follows: Scarsdale Youth Softball Association $250; Scarsdale Youth Basketball $200 and Heathcote Athletic Association $200; now therefore be it RESOLVED, that the Village Board of Trustees herein accepts the gift of $1,000 from the Scarsdale Youth Soccer Club and $500 from the Scarsdale Youth Lacrosse Association to be used to offset costs associated with the Youth Sports Jamboree; and be it further RESOLVED, that the Board of Trustees hereby extends their thanks and appreciation to the Scarsdale Youth Soccer Club, Scarsdale Youth Lacrosse Association, Scarsdale Youth Softball Association, Scarsdale Youth Basketball and the Heathcote Athletic Association for their generous gifts totaling $2,150 to the community and for volunteering their time to the inaugural Youth Sports Jamboree event. ******** Village Board of Trustees 09 -23-2014 P a g e | 311 Sustainability Committee Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding Sustainable Westchester Energy Action Consortium Membership was adopted by the vote indicated below: WHEREAS, Sustainable Westchester is a consortium of Westchester County local governments that facilitates effective sustainability initiatives, engages community stakeholders, and shares tools, resources, and incentives to create more healthy, vibrant and attractive communities; and WHEREAS, Westchester municipalities have ambitious sustainability goals in an environment of severe budgetary constraints, and Sustainable Westchester helps participating municipalities seize opportunities and address challenges by leveraging existing municipal resources as well as outside funding and expertise; and WHEREAS, Sustainable Westchester is the result of combining the parallel efforts of the Northern Westchester Energy Action Consortium (NWEAC) and the Southern Westchester Energy Action Consortium (SWEAC), to which the Village was a member, under one County-wide organizational umbrella; and WHEREAS, both NWEAC and SWEAC provided services such as the Energize New York energy efficiency program, developing successful programs to share best practices on topics including energy efficient streetlights, green building codes, autumn leaf management and solar permitting; and WHEREAS, the Village has an interest in enhancing our sustainability programs and could benefit from collaborating with neighboring municipalities through participation in Sustainable Westchester; now therefore be it RESOLVED, that the Village of Scarsdale herein joins Sustainable Westchester and the Village Manager shall designate a Village staff member to act as Village liaison to the consortium as requested; and be it further RESOLVED, that the 2014/2015 consortium dues of $1,000.00 be charged to the General Fund Account, A-9990-SPCL-SPCL-500 1920 Municipal Association Dues. AYES NAYS ABSENT Trustee Lee None Trustee Brodsky Trustee Martin Trustee Pekarek Village Board of Trustees 09 -23-2014 P a g e | 312 Trustee Samwick Trustee Stern Mayor Steves ******** Other Committee Reports None. ******** Liaison Reports Trustee Lee reported on behalf of the Scarsdale Teen Center, stating that he is their Board Liaison. This will be the 4th year that the Teen Center sponsors the Village Haunted House, called “The Haunt”. This year it is described as “Mayhem Haunted House” and will be held on nine (9) nights this year – the week before, during and after Halloween; however, he suggested that those interested check on-line for the exact dates. This event has been building momentum; last year it was a tremendous success. It is not only of interest to Village residents, but a lot of outside people attend. It has built up its reputation, so he stated that he hoped residents would find time to attend and ‘get a nice scare’. ******** Mayor Steves noted on “The Haunt” brochure that the event will be held on Fridays and Saturdays from October 10th through October 31st and also Sunday, October 26th. ******** Written Communications Village Clerk Conkling reported that no written communications have been received since the last meeting of the Board. ******** Future Meeting Schedule Mayor Steves announced the following future meeting schedule:  Tuesday, October 14, 2014 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, October 14, 2014 – Board of Trustees – 8:00 P.M. – Rutherford Hall  Tuesday, October 28, 2015 – Joint Municipal Services - 6:00 P.M. – 3rd Floor Meeting Room  Tuesday, October 28, 2014 – Agenda Meeting – 7:30 P.M. – Trustees’ Room Village Board of Trustees 09 -23-2014 P a g e | 313  Tuesday, October 28, 2014 – Board of Trustees – 8:00 P.M. – Rutherford Hall ******** Village Hall Schedule  Monday, October 13, 2014 – Columbus Day – Village Hall Closed ******** There being no further business to come before the Board, Mayor Steves moved to adjourn the meeting, seconded by Trustee Lee and carried by a unanimous vote at 9:08 P.M. Donna M. Conkling Village Clerk