Board of Trustees

Village Board of Trustees 10 -14-2014 P a g e | 314 THREE THOUSAND TWO HUNDRED SIXTEENTH REGULAR MEETING Rutherford Hall Village Hall October 14, 2014 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, October 14, 2014 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Lee, Martin, Pekarek, Samwick, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Clerk Conkling and Assistants to the Village Manager Scelza and Schnabel. ******** The minutes of the Board of Trustees Special Meeting of September 22, 2014 were approved on a motion entered by Trustee Martin, seconded by Trustee Brodsky, and carried unanimously. The minutes of the Board of Trustees Regular Meeting of September 23, 2014 were approved on a motion entered by Trustee Martin, seconded by Trustee Samwick, and carried unanimously. ******** Bills & Payroll Trustee Brodsky reported that she had audited the Abstract of Claims dated October 14, 2014 in the amount of $877,861.00 which includes $14,507.34 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Brodsky and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated October 14, 2014 in the amount of $877,861.00 is hereby approved. Trustee Brodsky further reported that she had examined the payment of bills made in advance of a Board of Trustees audit totaling $734,656.93 which were found to be in order and she moved that such payment be ratified. Village Board of Trustees 10 -14-2014 P a g e | 315 Upon motion duly made by Trustee Brodsky and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $734,656.93 is hereby ratified. ******** Mayors Comments Mayor Steves reported that there was a meeting of the Finance Committee prior to this meeting to discuss how the Village will move forward with respect to the revaluation. The Board is considering a number of alternatives. The Board met this evening to discuss one specific alternative and the Board will receive a report on it. The revaluation process is a dynamic process. Going forward, the frequency of revaluation and the scope of that revaluation is something that the Village needs to consider from a budgetary point of view, a fairness point of view and a consistency point of view. He urged the community to follow the Board through that process. ******** Manager’s Comments Village Manager Gatta stated that he had announced at the last meeting that the Village would be closing Fenimore Road from Fox Meadow Road to Oak Way on September 25th and 26th for the Water Department to install what is known as a line stop. There was a storm on those days and this work had to be postponed. The work has been rescheduled for Monday, October 20th and Tuesday, October 21st. On those two days, Fenimore Road will be closed at the intersections from Fox Meadow Road and Fenimore Road to Oak Way and Fenimore Road. Traffic will be diverted around the block. The work will begin at approximately 9:30 A.M. and it is hoped that work will be finished by 3:00 P.M. The reason this needs to be done is to do an excavation to do an absolute exact measurement of a 24” water main so that the Village can purchase a line stop. Once the line stop is purchased, in four to six weeks the Village will be installing it. At that time there will be another excavation. The measurement has to be absolutely exact. A very critical valve has to be replaced at the intersection of Fox Meadow and Fenimore Roads. Mayor Steves added that this pipe is a major part of the water flow of the Village from the newly equipped Reeves-Newsome Pump Station. The proposed work reported by Village Manager Gatta will be a minor inconvenience but a very important step to take. ******** Public Comments Village Board of Trustees 10 -14-2014 P a g e | 316 Martin Kaufmann, 322 Heathcote Road, stated that his comment pertains to the resolution on this evening’s agenda regarding Professional Services for plan review and inspection services for the 2-4 Weaver Street development project. He noted that he went into some detail in the letter he just submitted for the Board’s review. He stated that he will go over some of the highlights. First, he thinks that there were some minor structural problems in the agreement because the scope of services is incomplete because the provision for on-site inspection, which is quite critical, does not appear in the scope of services. Secondly, the list of items to be reviewed for construction plans does not seem to have anything about plans for the exterior of the building and compliance with the height, setback, and similar requirements which is of most concern to the community. Items relating to the interior – electrical, plumbing, etc., is of course a concern but of more concern to those people that will live in the building. From the neighbors’ perspective, the exterior appearance and bulk of the building is quite critical. Mr. Kaufman stated that he didn’t see any item for the monitor to review the construction plans in that regard. Finally, in his summary, he stated that there is nothing in the agreement with respect to the frequency of reports by the monitor, to whom the monitor will report, or whether those reports will be available to the public. And if so, when will they be available to the public. For the sake of transparency, he strongly urged the Board to have the monitor’s reports after his site inspections be made available. This information should be provided on the Village’s website, as well as hard copies available at the Building Department. Michael Levine, 54 Walworth Avenue, stated that he had no real comments, he would just like to submit a study he did. Based on the grievances, he knows that there have been some questions and the Assessor provided the listings last Friday. This enabled him to get some breakdowns by neighborhood and property class categories and he thought that members of the Board might find it interesting. The members of the Board thanked Mr. Levine for his submittal. Adrienne Price, 4 Herkimer Road, stated that she attended the meeting this evening to ask the Village to enforce its Building Code and to require 2 Herkimer Road to immediately conform to the topography of the site to that which was approved by the Board of Architectural Review (BAR) on March 24, 2014. On that date the BAR approved the construction of a new house at 2 Herkimer Road. Her home is next to the new construction. At that BAR meeting, as part of the approval process, the owners representatives agreed to the following: The front yard of new house would be lowered by one foot and would be angled away from her house towards Meadow Road; the driveway would be lower than her property and proper curbing would be put in place to make sure that water flowed to the back of the driveway. The driveway would drop from an elevation of 187 in the street to 182.5 at the end – around the end of the garage and by the side door of the new house. At least nine feet would be allocated for plantings between the driveway and her property line at the point the garage began in the front of the house and at least seven feet be allocated at the end of the driveway between the driveway and her property for plantings. The retaining wall drawn on the plans for the patio in the back was redrawn to be Village Board of Trustees 10 -14-2014 P a g e | 317 much smaller than what was original and would not extend beyond the corner of the house. Finally, the topography of the rear yard was to be maintained with very minimal changes. The owner’s representatives said that the rear yard would not be elevated at all, and that the contouring would continue to angle the yard away from 4 Herkimer diagonally toward Meadow Road and the golf course. At the BAR meeting, the plans were marked up and initialed by the owner’s representatives. The topographical points discussed were made part of the approval. The approval of the new home was dependent on the topographical considerations initialed on the site plan. Ms. Price continued, stating that in the beginning of September, the topography of 2 Herkimer was elevated as specifically not approved by the BAR. It appears the front yard is not contoured properly. The backyard has had significant topographical changes – it has been elevated at least 2 feet on the 4 Herkimer side and at least 4 feet on the Meadow Road side. She stated that she wanted to give the Board a history so that they will understand why she is bringing this up before them. She explained that she called the Building Department on September 10th and was told that the Building Department and the Code Enforcement Officer did not oversee the topography on construction sites. She was referred to the Village Engineer and spoke with him on September 16th and he said that he would send a staff member to look at the site. Ms. Price stated that this visit occurred with the property owner. On September 17th she called the Village Engineer and asked when she could expect the site to be brought into conformity with the site plan. She was told the Village Engineer had to speak to the owner to get the schedule from the developer. She asked the Village Engineer to enforce the approved plan immediately and asked to be informed with the date that the property would be in compliance with the site plan. Having not heard from the Village Engineer, she met with the Village Manager on September 24th and asked that 2 Herkimer be brought into compliance with the approved site plan. She asked for a follow up and did not hear from the Village Manager. On September 29th she sent a follow up letter to the Village Manager, the Mayor and the Trustees asking for the site to be lowered to conform with the agreed upon topographical plan. She followed up the letter with an email to the Village Manager on October 7th again asking for the site to be brought into conformity. At a meeting with the Village Manager she was told that the Village is not permitted to change the agreed upon topographical contours. Ms. Price requested that the Village follow up to insure that 2 Herkimer immediately lowers, restores and contours its topography according to its approved plan. As it is now a month since her first contact with the Village Building Department, and almost three weeks since her meeting with the Village Manager, she requested that the Village Board give her an indication tonight as to when she can expect proper enforcement at 2 Herkimer of the approved plans. Village Manager Gatta responded as he has explained to her, the Village is properly enforcing the site. What the Village cannot do is bring the property into compliance while the construction is not completed. When the construction is completed, the site will have to be in Village Board of Trustees 10 -14-2014 P a g e | 318 compliance with the approved plan. He stated that he had indicated to her in an email that the Village Engineer spoke with the developer and the developer indicated that he has to revise his storm drainage plan. The Village Engineer is waiting for these revisions to be submitted to the Village. When that plan is submitted, Ms. Price is free to look at it. Trustee Stern stated that the plans must be implemented according to the approved plans of the BAR by the Village Engineer, who would ensure that the plans are executed according to the approval, and if, as this resident alleges it is not, shouldn’t the Village enforce the plans? Village Manager Gatta explained that Trustee Stern is correct, that the site must be built in accordance with the approved plans. However, the construction is not complete yet; the contractor is revising the storm water plans and the Village Engineer is waiting for those revised plans. Trustee Stern asked if the revised storm water plans would have an impact on the topography. Village Manager Gatta responded that they would not; the topography will have to be completed as shown on the approved plans. The topography cannot be in compliance until the construction is finished. Trustee Stern asked if the topography would be completed in accordance with the plans approved by the BAR. Village Manager Gatta responded that it would be. Trustee Stern asked Ms. Price if that addressed her concern. She responded that half of her concern was addressed. However, she said that the site was in compliance but that the developer purposely brought it out of compliance and raised the site. So now she is living with a condition that is out of compliance on purpose – there was no purpose in raising the site. She stated that it makes no sense what they did – what they did in one day they could undo in one day. Trustee Stern stated that the Building Department is not going to give the owner a Certificate of Occupancy unless he is in full compliance with the approved plans. Ms. Price stated that she didn’t want to wait for eight months for the house to be complete before the site was brought into compliance; she felt that would be inappropriate. In addition, she stated that he has changed the water flow in their backyards. She is asking that the Village enforce today what was agreed upon in March. Village Manager Gatta stated that the issue there is that if the Village were to say that the site was out of compliance, the developer would reply that he is out of compliance, he is constructing a building – of course there are piles of dirt here and there. The site cannot be maintained during construction according to the approved plan. As long as the site is built in accordance with the approved plans that is about all the Village can do. All the Village can do is Village Board of Trustees 10 -14-2014 P a g e | 319 to hold people to a Certificate of Occupancy in the end – is that project built in compliance with the approved plans. Trustee Stern asked Ms. Price if the construction has caused any damage to her property; any water damage? Ms. Price responded that the water does come down now in a way that it didn’t flow before. In response to a question by Trustee Stern as to whether she has had any water in her basement, she replied that there hasn’t been enough rain to make that determination. She wanted to ‘nip this in the bud’ before that happens. Ms. Price took issue with the change of topography being a result of ongoing construction; she felt it was illogical that construction was done that way. Village Manager Gatta stated that if there is a storm water problem and water is running on her property as a result of this construction, this would be a violation. However, he stated that he didn’t know if it would be reasonable, fair or even logical to hold the developer to a certain elevation during construction. Ms. Price stated that if he is saying that it is typical during construction to raise an entire site four feet during construction to then take the dirt away, then she has never seen that before. The site was conforming originally, the house was framed out and built. The house has basically been weathered in, and then the elevation was increased. So why you would need to do it from a construction standpoint is illogical to her. She also stated that she didn’t think that she as the property owner next door needs to prove anything right now. The site is being built not according to plan. Village Manager Gatta stated that he did not say, or even come close to saying that this is typical to raise a backyard during construction – there are too many variables to say or imply that. The site is not in compliance because it is not completed. When it is completed, it must be in compliance. He stated that he didn’t know how else to hold a contractor to the parameters of a completed plan until the project is completed. He stated that the Village has had experience with this developer and the Village Engineer has spoken to this developer. If the developer is playing games and is purposely causing a problem with the neighbor he felt that Village Engineer will take care of it. Ms. Price asked the Trustees or the Mayor if they had any comments about her situation. Mayor Steves responded that he did not have any comments because he does not typically get involved in individual issues like this in a setting like this without the facts. The only thing he would ask is to get a firm statement from the developer as to his commitment to have the property comply with the site plan. If she felt that the Village was non responsive or she was getting bad feedback, he would take a different position. However, there seems to have been a conversation, there are differences of opinion as to what the Code requires, but absent any specific input, he stated that he could not command someone to do something. Village Board of Trustees 10 -14-2014 P a g e | 320 Trustee Brodsky stated that the one issue that should be followed up on is if there is storm water problem during construction. That should be addressed. Village Manager Gatta stated that if there is a storm water problem, he will send people out there to see what the drainage pattern is. Even if it is temporary, the developer should not be running water onto Ms. Price’s property. Ms. Price invited the Mayor and Trustees to visit her property and take a look at the site anytime. She asked Mr. Gatta to send her a copy of the email he sent her. She also stated that she would like some indication from the Board that if there is going to be a change of topography on the site that she is notified. Village Manager Gatta informed Ms. Price that he has asked the Village Engineer to call her when the revised storm water plans for the subject site are submitted so that she can take a look at them. Mayor Steves assured Ms. Price that the Board has a heightened awareness of her issue and of the commitment of the Village to have this built according to the approved plans. Robert Harrison, 65 Fox Meadow Road, complimented the Mayor and Board of Trustees for discussing with the last speaker, Ms. Price about her concerns. He stated that he has seen a lot of dirt piles that contractors leave on sites and the Building Department should require they be covered with tarps to prevent muddy storm water runoff. Mr. Harrison stated that nothing has been done about the blind curve from the intersection of Ogden Road and Fox Meadow Road with thick evergreen bushes that block the sightline for cars coming south on Fox Meadow Road and pedestrians walking north. The Village did place a speed wagon for approximately one week between 55 and 65 Fox Meadow Road, which he had requested. He said that he did receive details of the results from the speed wagon from Police Chief Brogan but has not had an opportunity to review it in depth. However, the indication was that there is not a speeding problem. 40% of the cars were moving over 40 mph; the speed limit is 30 mph. The evergreen bushes need to be removed and he and his wife have contacted the Village several times about this. He invited staff to come out and look at the situation. He stated he would like to know why nothing has been done to remove those bushes, who is responsible, and will the Village issue some kind of summons to get those bushes removed. This situation is an accident waiting to happen. If there are any personal injuries to anyone in the Village, the Village will be totally responsible because you have been put on record a number of times and nothing has been done. Mr. Harrison continued with comments regarding the Finance Committee’s meeting this evening concerning revaluation. The Village spent $1 million to do a revaluation of all Village properties; there were approximately 950 grievances. The Town Board of Assessment review reduced 174, leaving about 776 where there was no adjustment. Out of approximately 5,500 homes, that equates to 14% of homes in Scarsdale. Village Board of Trustees 10 -14-2014 P a g e | 321 After spending the large amount of money on this revaluation that was just done, Mr. Harrison objected to the Village spending $250,000 over the next three years doing another kind of revaluation and that instead, a more significant revaluation be done four years from now. The Village could even wait six years to do another revaluation. He again urged the Board to not spend money on this; there are budgetary constraints coming up over the next few years. Mayor Steves stated that with respect to where the Village will be going with revaluation, the Board has asked the Village Manager to provide a report indicating his suggestions and the budgetary implications. The Board understands the pros and cons of doing this more frequently and are looking at a cost effective method. No decision has been made. There will be a report that the public will have an opportunity to review as well as the Board. When the Board receives the report it will be discussed openly and publicly. Village Manager Gatta responded to Mr. Harrison’s comments regarding revaluation, stating that it is six years to do a property inventory. Every four years a reappraisal/revaluation should be done. Deputy Village Manager Pappalardo responded to Mr. Harrison’s comments regarding the bushes on the corner of Ogden and Fox Meadow. There is a construction site underway at that location. There has been a lot of activity there and the Village has been on the site quite often. A stop work order was actually issued to the contractor on that site last month for lack of erosion control. The siltation fence was reset which took care of the problem. As far as the vegetation at that intersection, around the same time they issued the stop work order, they issued a violation notice for that visual obstruction at that intersection. There was some brush cut back. There are some very mature, large evergreen trees that are screening that intersection and there is some underbrush that has grown up. It was out over the curb line; it was cut back to the curb line. He understands from Mr. Harrison that he believes that more should be cut. Mr. Pappalardo said that he will discuss that with the Village Engineer and see what they can do. Clear cutting all of those trees and that brush will leave a very large open gap at that intersection and he didn’t think the Village would want to do that. There is perhaps a little bit more that they can do. There is a 25 ft. right-of-way there, it is Village property, but it is the homeowners’ responsibility to remove the visual obstruction. Village Manager Gatta pointed out that there is not a street in the Village where a homeowner haven’t planted very beautiful plantings in the Village right-of-way. He noted that this presents a dilemma; does the Village make people remove these beautiful plantings because they are in the Village right-of-way? The plantings make the homes and the roads more attractive. The Village exercises its best judgment in these matters. In this case, the property owner cut back some of the brush, and the Village will ask them to cut it back a little more. However, the Village is not going to tell them to clear cut the property. As there were no further comments, Mayor Steves closed the public comments portion of the meeting. Village Board of Trustees 10 -14-2014 P a g e | 322 ******** Fire Commissioner Upon motion entered by Trustee Martin, and seconded by Trustee Brodsky, the following resolution regarding Service Time Extension for Fire Chief Thomas M. Cain was adopted by a unanimous vote: WHEREAS, Fire Chief Thomas M. Cain 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, said local law requires Village Board of Trustees approval of an extension at least one year prior to the firefighter completing thirty (30) or more years of service; and WHEREAS, Fire Chief Thomas M. Cain has been recommended for such extension by Village Manager Alfred A. Gatta 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 Fire Chief Thomas M. Cain of the Village of Scarsdale Fire Department is hereby granted a one-year extension of his service time in the Department from October 17, 2015 to October 17, 2016; and be it further RESOLVED, that such one-year extension is conditioned on Fire Chief Thomas M. Cain passing the annual physical examinations to be given in Calendar Year 2015 and 2016. ******** Police Commissioner Upon motion entered by Trustee Lee, and seconded by Trustee Brodsky, the following resolution regarding an Exceptional Duty Medal – Police Officer Patricia Arcesi was adopted by a unanimous vote: WHEREAS, the members of the Scarsdale Police Department are relied upon to protect and ensure the safety and welfare of the residents of the Village of Scarsdale; and Village Board of Trustees 10 -14-2014 P a g e | 323 WHEREAS, when a Police Officer (“P.O.”) performs his/her duties in an especially professional and outstanding manner, their conduct should be commended; and WHEREAS, on July 17, 2013, at approximately 2235 hours, P.O. Arcesi observed a white SUV bearing North Caroline license plates AFT-6524 parked in the eastbound lane on Mamaroneck Road impeding traffic; and WHEREAS, P.O. Arcesi became concerned that the operator may be lost or the vehicle disabled, pulled behind the vehicle and approached the driver side window to engage the operator; and WHEREAS, while speaking with the driver, Scarsdale Police dispatch relayed a Hotline message from the City of White Plains Police advising that they were looking for a white SUV, bearing North Carolina plates AFT-6524, that was wanted in connection with an interrupted burglary on Walworth Avenue in the City of White Plains; and WHEREAS, while dispatch was relaying the information to units in the field, P.O. Arcesi observed a change in the demeanor of the driver and as the radio transmission continued, observed him become anxious and agitated and move his hands about the interior of the vehicle in spite of P.O. Arcesi’s clear directive to keep his hands on the steering wheel; and WHEREAS, for her own safety, P.O. Arcesi drew her service weapon on the operator and maintained the position until backup units arrived; and WHEREAS, upon removing the suspect from the car, P.O. Arcesi observed what appeared to be a black semi-automatic handgun, later determined to be a pellet gun replica of an actual semi-automatic handgun, secreted in the driver’s side door; and WHEREAS, the suspect was also in possession of a City of Rye PBA surgeon badge, an Eastchester EMS Medical Director badge in a leather case, and various other police paraphernalia along with a vanity plate on the front of the vehicle that said “New York Police”; and WHEREAS, P.O. Arcesi remained alert, calm and in control in the face of a volatile situation that could have resulted in the use of extreme force and then subsequently arrested and charged the driver with Criminal Possession of a Weapon 4th degree and unlicensed operation of a vehicle, with no injuries to the suspect or herself; and WHEREAS, the Police Department Awards Committee has recommended that P.O. Patricia Arcesi receive the Exceptional Duty Medal; now therefore be it Village Board of Trustees 10 -14-2014 P a g e | 324 RESOLVED, that the Village Board of Trustees hereby award the Exceptional Duty Medal to P.O. Patricia Arcesi. ******** Land Use Committee Trustee Lee explained that the draft agreement with the professional monitor, who will be supervising 2-4 Weaver Street, will be amended somewhat from its current form – in particular, where it says that the monitor will be reporting to the Building Inspector, we will now be adding ‘and the Village Manager’. In addition, where it says in the scope of services that there will be two visits each month, it will be made more clear in the revised version of the agreement that there will be an ‘as needed’ element to the number of visits so that they can be increased during a portion of the project where its felt necessary. Trustee Lee responded to one of the points that Martin Kaufman had made when he stated that he didn’t feel there was sufficient detail on what the scope of services were, he said that he will look at them and before the contract is put into final form, those will be rectified if necessary. The way this will be done is that this evening’s resolution would approve this draft as amended and/or something substantially similar to this. So if the Board makes any changes as a result of Mr. Kaufman’s comments will be reflected in those words in substantially the same form. Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding Professional Services for Plan Review and Inspection Services – 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 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 WHEREAS, the Planning Board’s review of the proposed project incorporates the design recommendations of the Board of Architectural Review; and Village Board of Trustees 10 -14-2014 P a g e | 325 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 through a contract of sale currently under negotiation between the Village Board and F.S. Fish; and WHEREAS, on May 28, 2014 the Land Use Committee 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 proposed 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, Pursuant to further deliberation and a positive recommendation by the Land Use Committee at their September 22, 2014 meeting, on September 23, 2014, the Village Board adopted a resolution authorizing the execution of a contract of sale with F.S. Fish for the aforementioned sale of Village property, and agreed to retain an independent design monitor to advise the Village on the consistency of the construction documents relative to the approved land use board plans and to assure that the actual construction conforms to the land use board approvals; and WHEREAS, staff contacted two local architects relative to their interest in performing the design/plan review work in addition to assuring construction compliance with the New York State Building Code through periodic construction inspections; and WHEREAS, David Barbuti of David A. Barbuti Architect, P.C., 150 White Plains Road, Tarrytown, N.Y., submitted a proposal to perform the aforementioned work; and WHEREAS, Mr. Barbuti is a licensed architect in five states and is a certified NYS Enforcement Official. In addition to his private practice he currently performs building plan review services as an employee of the City of Yonkers where he reviews numerous commercial and multi-family construction plans. His firm has performed a wide range of architectural, planning, engineering and construction management services including Village Board of Trustees 10 -14-2014 P a g e | 326 residential homes, commercial buildings and interiors, adaptive reuse, historic preservation projects, feasibility studies and master planning; and WHEREAS, staff has discussed the 2-4 Weaver Street project and scope of services in detail with Mr. Barbuti, thoroughly reviewed his proposal and negotiated a professional services agreement at a fee not to exceed $39,000, which includes a fixed cost of $22,500 for design, construction and landscape document review, $15,000 for the periodic construction site visits billed hourly over the two year building permit period, plus incidental costs as further detailed in Exhibit “A” of the agreement, attached hereto; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute a professional services agreement, in substantially the same form as attached hereto, with David A. Barbuti Architect, P.C., 150 White Plains Road, Tarrytown, N.Y., 10591, to perform plan review design and construction compliance and inspection services for the 2-4 Weaver Street Multi-Family Development Project, at a fee not to exceed $39,000; and be it further RESOLVED, that anticipated General Fund revenues from the Building Permit fee based on the estimated construction cost for the 2-4 Weaver Street Project will offset the cost of said professional services agreement and as such, the Village Board of Trustees herein provides an appropriation of $39,000 from the General Fund Balance to be charged as follows: From Amount To General Fund Balance Building Department Plan Review Acct. #9999 9999-9999 $19,500 Acct. # A 3620 Admin-Plrvw 400-458 General Fund Fund Balance Building Department Inspections Acct. # 9999 9999-9999 $19,500 Acct. # A 3620 Admin-Insp 400-458 and be it further RESOLVED, that the Village Manager is herein authorized to undertake all administrative acts associated with this agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves Village Board of Trustees 10 -14-2014 P a g e | 327 Before the above resolution was voted on, Trustee Brodsky stated that with respect to Mr. Kaufman’s concerns about external review, the agreement for professional services specifically calls out the responsibility of Mr. Barbuti to review construction drawings for consistency with the Planning Board and Board of Architectural Review approved plans relative to siting and aesthetic design. It also calls for on-site construction management services with respect to the Planning Board site plan and the BAR plan relative to aesthetic design. This would include setbacks, height, and mass as well as details. She feels that those details are covered in the agreement itself. Trustee Stern stated that Mr. Kaufman was very concerned about the exterior look of the construction. He stated that the Board asked Mr. Barbuti about this concern and he had responded that he will be paying specific attention to the aesthetics being maintained and that the construction conforms to the BAR approved plans. Trustee Lee noted that the scope of services under Mr. Barbuti’s letter does include review of façade compliance during construction. That does not exhaust the scope of services which is discussed in greater detail in the first page of the agreement. He felt that the Board was comfortable about that aspect; however, they will think about what Mr. Kaufman has said if they need to supplement the agreement to some extent. After the vote, Mayor Steves stated that he would like the record to show that any revisions to the contract will be approved by Trustee Lee. ******** Upon motion entered by Trustee Lee, and seconded by Trustee Brodsky, the following resolution regarding a License Agreement – 16 Montrose Road – Right-of-Way Encroachment was adopted by the vote indicated below: WHEREAS, Roaring Brook Partners LLC, (hereinafter “Licensee”) is the owner of a certain property known as 16 Montrose Road, identified on the Village of Scarsdale Tax Map as Section 06, Block 01, Lot 16; and WHEREAS, on June 24, 2014 Building Permit # 143126 was issued to construct a new single family residence at 16 Montrose Road; and WHEREAS, upon review of the submitted construction documents the Building Department determined that as a condition to issuing a final Certificate of Occupancy, Licensee required a license agreement with the Village for an existing encroachment of a set of brick steps located within the Village right-of-way, leading to a walkway to the home’s front entrance; and WHEREAS, by letter addressed to the Village Board dated March 20, 2014 (attached) Licensee requested to legalize the encroachment of said existing brick step Village Board of Trustees 10 -14-2014 P a g e | 328 stairway in the Village right-of-way through a license agreement with the Village; and WHEREAS, the Village Engineer has inspected the encroachment and reports via memorandum dated April 3, 2014 (attached) that the encroachment has been present for quite some time and does not seem to present an unsafe condition, and as such, he does not oppose the issuance of a license agreement; and WHEREAS, the Village is desirous of accommodating Licensee by granting a revocable license agreement to permit the encroachment of a set of brick steps within the Village right-of-way, in accordance with the plans and specifications, reviewed and approved by the Village Engineer, as prepared by Larry J. Nardecchia Jr., P.E. dated June 6, 2014, and attached as Exhibit “A” of said License Agreement, attached hereto and made a part hereof; and WHEREAS, Licensee is responsible for all maintenance and repairs of said encroachments in the Village right-of-way and the payment of all fees associated with any construction and inspection work; and WHEREAS, Licensee will indemnify and hold harmless the Village in all actions, claims, judgments, costs or expenses arising from said maintenance of the encroachments and provide the Village with a certificate of liability insurance naming the Village as an additional insured, at limits approved by the Village Attorney; and WHEREAS, the granting of said revocable license agreement will not interfere with the Village’s present and future use and maintenance of said Village right-of- way; now therefore be it RESOLVED, that the Village Manger is herein authorized to execute a revocable license agreement, in substantially the same form as attached hereto, with Roaring Brook Partners LLC, 111 North Central Avenue, Hartsdale N.Y. 10530, to preserve and maintain an existing set of brick steps located within the Village right-of-way in accordance with the June 6, 2014 plans and specifications, as prepared by Larry J. Nardecchia Jr., P.E. and reviewed approved by the Village Engineer and attached to the license agreement as Exhibit “A”; said authorization conditioned on Licensee’s submission to the Village of a certificate of liability insurance naming the Village of Scarsdale as an additional insured, at limits approved by the Village Attorney; and be it further Village Board of Trustees 10 -14-2014 P a g e | 329 RESOLVED, that Licensee herein agrees to indemnify and hold the Village of Scarsdale harmless in all actions, claims, judgments, costs or expenses arising from said installation and maintenance of said encroachments; and be it further RESOLVED, that Licensee shall pay the Village the sum of $1,000.00 as an administrative fee associated with the preparation and execution of said license agreement, pursuant to the Fiscal Year 2014-15 Village-Wide Fees and Charges Schedule. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Samwick, the following resolution regarding the Adopting Findings of Fact for 22 Montrose Road was adopted by the vote indicated below: WHEREAS, 22 Montrose Road, Scarsdale, New York is a single family, two story dwelling (the Property) constructed in 1923 by Casper Trumpy, a builder who built a number of homes in the Greenacres section of Scarsdale; and WHEREAS, pursuant to an application to demolish the Property the Committee for Historic Preservation met on May 20, 2014 and determined by a vote of 5-1 that the Property was of substantial historical importance to the community; and WHEREAS, pursuant to Scarsdale Village Code (SVC) §182-4, on July 10, 2014 the applicant filed an application with the Board of Architectural Review for a Certificate of Appropriateness to demolish the Property. On July 28, 2014 the BAR met to consider the application. With only five members present, the BAR voted 3-2 to grant the Certificate of Appropriateness; and WHEREAS, because the General Construction Law §41 requires a vote of the majority of the constituted board to approve a measure, at least four of the seven Village Board of Trustees 10 -14-2014 P a g e | 330 members of the BAR must have voted in favor of or have opposed the measure for official action to be taken; and WHEREAS, only three of the five members present voted to grant the applicant’s request for a Certificate of Appropriateness, which resulted in a default denial; and WHEREAS, SVC §182-12 provides that any applicant aggrieved by a determination of the BAR may appeal to the Village’s Board of Trustees. The SVC also provides that during the appeal the Board of Trustees shall not be bound by the record adduced by the BAR; and WHEREAS, on September 22, 2014 the Board of Trustees held a de novo hearing to determine whether the Property meets the criteria stated under SVC §182- 6; and WHEREAS, the applicant had submitted and the Village Board reviewed a report prepared by Gregory Dietrich Preservation Consulting and also reviewed the Reconnaissance Level Cultural Resource Survey Report, which provided a snapshot of the Village’s architectural fabric as a preliminary effort to identify buildings and areas with potential architectural or historical significance; now therefore be it RESOLVED, that, applying the criteria under SVC §182-6 the Village Board makes the following findings of fact: A. Whether the building is of such architectural or historic interest that its removal would be detrimental to the public interest. 1. Prior research into the Property, including review of the Reconnaissance Level Cultural Resource Survey, yielded no information that the subject property, 22 Montrose Road, possessed any potential architectural or historical interest that would make the Property worthy of landmark designation. Further, a review and comparison of homes within a five block radius revealed that the Property did not possess any unique or unusual architectural design such that its removal would be detrimental to the public interest. 2. The architect/builder, Casper Trumpy, was known as a speculative builder who built similar style homes in Greenacres during the 1920’s. While Mr. Trumpy built homes that may have been of local interest at the time, there is no information in the record to support a finding that he distinguished himself based upon a particular style of home or architecture. Thus, there is insufficient evidence to support a finding that Mr. Trumpy’s work is of historical significance to the Village Board of Trustees 10 -14-2014 P a g e | 331 community. 3. The Property has not been identified as eligible for listing on the State and/or National Register of Historic Places. B. Whether the building is of such architectural interest that it could be made into an historic shrine. Since the Village Board has determined that the Property does not possess architectural or historic significance to warrant landmark designation, it logically follows that there is insufficient evidence to support a finding that the Property is of such architectural interest that it could be made into an historic shrine. C. Whether the building is of such old and unusually uncommon design, texture or materials that it could not be reproduced or could be reproduced only with great difficulty. 1. The Village Board finds that Reconnaissance Level Cultural Resource Survey, as well as other historic and architectural publications do not identify the Property as a unique depiction of a Colonial Revival style home. There is no evidence to support a finding that the building is of such old and unusually uncommon design, texture or material that it could not be reproduced or could be reproduced only with great difficulty. In fact, the record supports a contrary finding since a second story addition was added to the Property in 1968 which blended in with the original house. The record is devoid of any evidence to support a finding that the design, texture and materials of that addition could not be replicated or could be replicated only with great difficulty. 2. Moreover, the fact that builders today may not be replicating the Colonial Revival style home is not dispositive that such home could only be replicated with great difficulty. D. Whether the building’s retention would promote the general welfare by encouraging interest in American History The Village Board finds that because the building is not of architectural or historic significance, nor is the architect/builder a person of distinction, the preservation of the building would not promote the general welfare by encouraging interest in American History; and be it further RESOLVED, the Village Board finds that the record does not support a finding that the house should be preserved because it represents the “face of the neighborhood.” Preservation of a building based upon the notion of Village Board of Trustees 10 -14-2014 P a g e | 332 retaining the characteristics of the other houses in the neighborhood is not a criteria for consideration when designating a property a landmark; and be it further RESOLVED, the Village Board finds that the concern expressed regarding what will be built as a result of the demolition of the Property is a legitimate concern. However, this concern cannot be addressed through SVC §182, which is a narrowly drawn law and the application of which, by definition substantially limits an owner’s property rights, and which by its terms must be applied only when there is substantial evidence to support historic designation; and be it further RESOLVED, that based upon the foregoing, the Village Board herein grants a Certificate of Appropriateness to the owner and/or applicant of 22 Montrose Road for the purpose of facilitating the demolition of the existing structure located at 22 Montrose Road, subject to any other requirements, rules, and regulations of the Village of Scarsdale Building Department. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Brodsky, the following resolution regarding the 2015 Village Election was adopted by a unanimous vote: WHEREAS, pursuant to Section 15-104.1(a) of New York State Village Election Law, the General Village Election shall be held annually on the third Tuesday in March; and WHEREAS, the third Tuesday in March 2015 falls on March 17th which is St. Patrick’s Day; and WHEREAS, pursuant to Section 15-104.1(b) of said Election Law, for any year in which the seventeenth day of March shall fall on the third Tuesday of the Village Board of Trustees 10 -14-2014 P a g e | 333 month, the Board of Trustees shall provide that such election be held on the eighteenth day of March; now, therefore be it RESOLVED, that pursuant to Section 15-104.1(b) of the NYS Election Law, the Village Election shall be held on Wednesday, March 18, 2015 between the hours of 6:00 a.m. and 9:00 a.m. and 12 Noon and 9:00 p.m. and be it further RESOLVED, pursuant to Section 15-104.3 (c) (1), the polling place for all Election Districts, Numbers 1-19 shall be at Village Hall; and be it further RESOLVED, pursuant to Section 15-116.1, qualified registered voters who reside within Westchester County may be inspectors of election for Village elections held in Scarsdale. ******** Upon motion entered by Trustee Stern, and seconded by Trustee Brodsky, the following resolution regarding the 2015 Village Election was adopted by a unanimous vote: WHEREAS, pursuant to Section 12 of the New York State Highway Law, the maintenance of State highways includes control over snow and ice removal authorized by the New York State Department of Transportation (NYSDOT), in order to make these roads safe and passable; and WHEREAS, the snow and ice control on these State roads may be done by the host municipality, pursuant to an agreement entered into by the municipality and the NYSDOT; and WHEREAS, there are 15.7 miles of New York State-owned roads located within the Village of Scarsdale; and WHEREAS, the Village of Scarsdale, in the interest of public safety, has historically contracted with the State for snow and ice removal services on these roads; and WHEREAS, the current agreement between the Village and the NYSDOT adopted in 1999 was for three years with the option for annual extensions; and WHEREAS, the Village Board of Trustees approved extensions through resolutions of January 23, 2002, November 12, 2003, July 12, 2005, May 8, 2007, April 14, 2009, June 30, 2009, January 24, 2012, October 9, 2012 and January 14, 2014 having the cumulative effect of extending the original agreement through June 30, 2015, said extension continuing in force until a successor agreement is proffered by the NYSDOT; and Village Board of Trustees 10 -14-2014 P a g e | 334 WHEREAS, during severe winters which require municipalities to perform snow and ice removal services in excess of the ten-year average, the NYSDOT amends the intermunicipal agreement covering the impacted period to provide additional funding; and WHEREAS, due to the severity of the winter storms during the 2013/14 Snow and Ice Season, the Village is entitled to an additional $41,357.51 for the 2013/14 Snow and Ice Season which when added to the 2013/14 original amount of $23,659.90 equals $65,017.41; and WHEREAS, in order for the Village to obtain these additional funds, the Village Board must authorize by resolution the execution of an amendment to the 2013/14 Snow and Ice Agreement increasing the estimated expenditure; now therefore be it RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to execute Amendment “B” to the 2013/14 Snow and Ice Agreement, between the Village of Scarsdale and the New York State Department of Transportation to revise the estimated expenditures and increase the Village’s reimbursement for snow and ice removal services, in substantially the same form as attached hereto, and to undertake all administrative acts necessary pursuant to the amendment. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Recreation Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding Temporary Use of Portable Lights by the Recreation Department’s Youth Football Program was adopted by a unanimous vote: WHEREAS, the Parks Recreation and Conservation Department conducts a Youth Football Program for children in grades 3 through 8, enrolling approximately 125 children; and Village Board of Trustees 10 -14-2014 P a g e | 335 WHEREAS, limited daylight during the months of October and November has made it challenging for volunteer parents and coaches to conduct practices; and WHEREAS, during the 2011, 2012, and 2013 fall seasons, the Village Board authorized the use of two portable lights at Supply Field from mid-October through mid-November, three days a week until 7:30 p.m., to facilitate adequate practice time for the program coaches and participants; said lights so utilized without incident or complaints from the abutting neighbors; and WHEREAS, the portable lights have been donated by a Scarsdale resident who owns and uses the lights in his profession and the coaches have successfully and safely been trained to operate the units in conjunction with the football program; said resident offering to donate the two units again for the fall 2014 program under the same terms as the previous years; and WHEREAS, the portable lights will also be utilized by the Scarsdale Teen Center to light the parking lot area at Supply Building for their haunted house event that is scheduled over nine (9) evenings in October, as previously approved by resolution of the Board of Trustees on September 9, 2014; and WHEREAS, the Village administration is grateful for the generosity of the resident, parents, and volunteers and the creative solution which has enabled the Scarsdale Youth Recreation Football program to conduct successful seasons; now therefore be it RESOLVED, that the Village Board of Trustees hereby supports the use of temporary lights at Supply Field by the Scarsdale Youth Recreation Football Program for the 2014 season during the period of October 15, 2014 through November 21, 2014, for three days a week until 7:30 p.m.; and be it further RESOLVED, that the Village Board of Trustees again extends their thanks and appreciation to the parents and volunteers that facilitate and participate in the Scarsdale Youth Recreation Football Program and the resident who has generously provided for the use of the portable lights. ******** Other Committee Reports None. ******** Village Board of Trustees 10 -14-2014 P a g e | 336 Liaison Reports Trustee Pekarek reported that as the Board continues to consider the possible change in the Village’s leaf collection program, at the last Board meeting a plan was approved to implement a leaf mulching education program. In part, in response to feedback from the community. The Greenburgh Nature Center was approved to assist the Village to design and implement, in collaboration with the Task Force, a community education program. Among the elements in that program will be a public meeting that will be held on November 25th at 6:00 P.M. at Village Hall; a postcard that will address what leaf mulching is and it will give dates for the public meetings and will also give dates for mulching demonstrations of which there will be two in November – November 15th and 16th at 3:00 P.M. at Chase Park. The technical aspects of how to mulch and the right equipment will be identified and shown to both landscapers and homeowners. There will also articles in various media; there will be a survey that has been designed by the Conservation Advisory Council with input from the Village. There will also possibly be some videotapes of the leaf demonstration programs. Trustee Pekarek continued, stating that the Task Force was designed including many organizations in the Village that have an environmental and sustainability background and also neighbors who have been responsive in giving us information about their property and how it may or may not be available for leaf mulching. The Task Force has been working very quickly because time is of the essence to get the information out so that we can capture this leaf mulching season. ******** Written Communications Village Clerk Conkling reported that two (2) written communications have been received since the last meeting of the Board:  A letter from Liz and Steve Alderman, Founders of the Peter C. Alderman Foundation, thanking the Mayor and the Board of Trustees for allowing the Foundation to hold its annual fund raising walk in Scarsdale, where their son was raised.  A letter from Linda Dietz, 66 Brewster Road, expressing her concerns about the recent revaluation done by Tyler Technologies. ******** There being no further business to come before the Board, Mayor Steves moved to adjourn the meeting, seconded by Trustee Martin and carried by a unanimous vote at 9:25 P.M. Donna M. Conkling Village Clerk