Board of Trustees

Village Board of Trustees 10 -28-2014 P a g e | 337 THREE THOUSAND TWO HUNDRED SEVENTEENTH REGULAR MEETING Rutherford Hall Village Hall October 28, 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 28, 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 Treasurer McClure, Village Clerk Conkling and Assistants to the Village Manager Scelza and Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of October 14, 2014 were approved on a motion entered by Trustee Martin, seconded by Trustee Pekarek, and carried unanimously. ******** Bills & Payroll Trustee Martin reported that he had audited the Abstract of Claims dated October 28, 2014 in the amount of $1,311,910.00 which includes $58,742.14 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Martin and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated October 28, 2014 in the amount of $1,311,910.00 is hereby approved. ******** Mayors Comments Mayor Steves reported that the Board held a meeting earlier this evening at 6:00 P.M. with the Cable Television Commission. The Cable Television Commission has brought to the attention of the Board and Staff a plan for some changes to the cable program. The Board met Village Board of Trustees 10 -28-2014 P a g e | 338 with them and appreciate their work and input. The Board is still working towards implementing some or all of those suggestions, and appreciate the work of this Commission in working with the Village on this very importance resource. ******** Manager’s Comments None. ******** Public Comments Robert Harrison, 65 Fox Meadow Road, noted that at the Board’s agenda meeting this evening, there was discussion about a resolution on the agenda this evening concerning referral of proposed zoning amendments to the Planning Board. There was no information provided to the community as to what the changes would be. He felt that the changes seemed a little complex and asked whether or not these changes, had they been in effect at the time, would have changed the outcome at 10 Ogden Road and the construction that was approved. Mr. Harrison stated that he was at the Planning Board meeting last week and a builder was applying for a subdivision at 15 Circle Road, where a demolition permit has already been issued. He complained that he and several others were made to stand outside the room while the Planning Board held ‘secret’ deliberative sessions concerning the applications before them. He stated that he has raised this issue in the past. To his knowledge and through discussions he has had with Robert Freedman, Executive Director of the Committee on Open Government, Mr. Freedman knows of no other Planning Board in the State of New York that meets in secret deliberative session. He stated that in Mamaroneck, they videotape the Planning Board meetings. Mr. Harrison continued, stating that when the Planning Board did open the meeting after their deliberations, the resolution concerning this site stated that the members of the Board had been unable to visit the site due to the fact that the chain link fence surrounding the site was not open. He felt like this is a ridiculous reason if the Planning Board members couldn’t get access to the site. It would have been nice if the builder could have listed to the discussion in open session. He stated that the Planning Board should discuss items on the agenda in open session like all the other Planning Boards in the State of New York. He stated that he would like to thank publicly Village Manager Gatta, Deputy Village Manager Pappalardo, and DPW Superintendent Salanitro who came out to the corner at Ogden Road and Fox Meadow Road a week ago Friday. They met with four residents: Mary Ellen Rogers of Ogden Road; Carrie Trenk, 73 Fox Meadow Road; and Terry and Bob Harrison, 65 Fox Meadow Road. They examined the situation that he has raised on a number of occasions of the blind curve and obstructions to the site line of low level evergreen plantings which we Village Board of Trustees 10 -28-2014 P a g e | 339 strongly feel should be removed as soon as possible. He again expressed their appreciation to the Village Manager and staff for coming out to look at this site firsthand. Lastly, in regard to that site, Con Edison put in a new gas line to that house and cut down about a six foot wide swath of these evergreen bushes. It is 100 feet long, so this did nothing for the site line. Con Edison tore up the street to get to the gas line underneath Fox Meadow Road. They worked there for several days. If you drive by there now, you will see approximately 4-6 orange cones around the pavement in Fox Meadow Road where they excavated. This makes the site even more unsafe, particularly in the dark. Con Edison did refill the excavated area; however, they did so with some earth and sloppy asphalt which makes it similar to a pothole. He asked who is responsible to bring the road surface back up to condition so people can drive safely on Fox Meadow Road. Mayor Steves replied, stating that Con Edison is responsible for repairing the road back to its original condition. He stated that they usually will put in a temporary patch and a contractor for Con Edison will come in and will repave the area. Mr. Harrison noted that he hopes that this condition will be taken care of immediately because coupled with the blind curve, this is a dangerous situation. 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 four months of fiscal year 2014-2015. General fund appropriations were 28.52% spent as of September 2014, which is a decrease of 2.0% from the 30.51% in 2013-2014. General Fund Revenues other than property taxes are $6,193,317 through September 2014 compared to $6,602,134 through September 2013, a decrease of $408,817. 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 up $156,200. Public Utility Tax, Sales Tax and Parking Permit and Meter, Miscellaneous revenue and State Mortgage tax are up an aggregate of $151,300. Recreation fees are up $156,200. Property Rentals are down $155,400 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 $107,500 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 date is $91,000. All other revenue categories combined had a net decrease of $93,700 in revenue. Village Board of Trustees 10 -28-2014 P a g e | 340 The actual collection of Village taxes through September 30, 2014 is at 98.74% which is up 0.61% from the 2013 collection percentage of 98.13%. ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution regarding a Renewal of an Intermunicipal Agreement with Westchester County for Disposing of Organic Waste was adopted by the vote indicated below: WHEREAS, Westchester County has offered to extend the IMA (Intermunicipal Agreement) with the Village of Scarsdale to increase the amount of organic yard waste that is diverted from the waste stream for a term commencing April 1, 2013 through March 31, 2018 at a fee of $16.56 per ton, subject to an adjustment factor equal to the Consumer Price index every January 1, thereafter, and WHEREAS, the obligation of the Village is to collect organic yard waste within its municipal boundaries and to transport same to an organic yard waste transfer site as defined in the IMA, said waste shall be limited to grass, leaves, brush and wood under specification provided for by Westchester County; and WHEREAS, Westchester County will, either with its own forces or through independent contractors, transport the organic waste to compost facilities for recycling with the hauling from the municipal transfer station to the compost site paid for by the County; and WHEREAS, the Village Environmental Officer has determined the renewal of the IMA to be a Type II action under the New York State Environmental Quality Review Act since there is no material change in conditions or in the scope of the agreement and it constitutes a routine and continuing activity between the two levels of government; now therefore be it RESOLVED, that the Village Manager is, herein, authorized to execute the attached Renewal IMA between the Village of Scarsdale and Westchester County, in substantially the form attached, and continue the approximate two and on half decade participation in the Westchester County Organic Yard Waste Management Program and that the costs be charged to already existing accounts in the Budget of the Department of Public Works. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Village Board of Trustees 10 -28-2014 P a g e | 341 Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Land Use Committee Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding a License Agreement – 7 Park Road – Right-of-Way Encroachment was adopted by the vote indicated below: WHEREAS, Alan and Deborah Annex, (hereinafter “Licensee”) are owners of a certain property known as 7 Park Road, identified on the Village of Scarsdale Tax Map as Section 15, Block 02, Lot 7A, said property situated roughly 10 ft. below the street level of Park Road; and WHEREAS, by letter from Licensee’s Architect to the Village Board dated September 30, 2014 (attached) Licensee requests a license agreement to encroach on Village property to construct a set of steps from the street to the flat part of the driveway so guests can walk safely to the entrance of the house especially during inclement weather; and WHEREAS, the Village Engineer has reviewed the plans submitted by Choura Architecture PC, 63 Church Lane, Scarsdale N.Y. dated September 29, 2014 and October 23, 2014 (attached) and reports that the construction of a set of steps does not present unsafe roadway conditions, impede motorists or pedestrian movements or safe visibility, 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 on Village property by constructing a set of steps within the Village right-of-way, in accordance with the plans, reviewed and approved by the Village Engineer, as prepared by Choura Architecture PC dated September 29, 2014 and October 23, 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 encroachment in the Village right-of-way and the payment of all fees associated with any construction and inspection work; and Village Board of Trustees 10 -28-2014 P a g e | 342 WHEREAS, Licensee will indemnify and hold harmless the Village in all actions, claims, judgments, costs or expenses arising from said maintenance of the encroachment 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 Alan and Deborah Annex, 7 Park Road, Scarsdale N.Y. 10583, to construct a set of steps located within the Village right-of-way in accordance with the September 29, 2014 and October 23, 2014 plans, as prepared by Choura Architecture PC and 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 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 ******** Village Board of Trustees 10 -28-2014 P a g e | 343 Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Referral of Proposed Zoning Amendments to the Planning Board was adopted by a unanimous vote: WHEREAS, the Village Board is considering certain clarifying amendments to Chapter §310 of the Scarsdale Village Code; and WHEREAS, Scarsdale Village Code §77-2 requires the Village Board to refer to the Planning Board for review and comment all proposed changes to the zoning code, Chapter §310; now therefore be it RESOLVED that the Village Board herein refers the proposed amendments to Scarsdale Village Code §§§310-2, 14 and 67 to the Planning Board for review and comment and waives the 60 day requirement for the Planning Board to report to the Village Board. ******** Other Committee Reports None. ******** Liaison Reports Trustee Pekarek reported that on October 19th she attended the Parks and Recreation Department sponsored Halloween window painting and parade. The paintings were great and the trick-or-treaters were adorable. In addition to that, the merchants threw the ‘Buy Local’ campaign and are participating in both “Shop the Dale” and “Dine the Dale’. They are also doing “Trick-or-Treat” the Dale. Window decals will be on stores so that trick-or-treaters can go to those stores and get some treats. Trustee Pekarek further reported that the Conservation Advisory Council (CAC) has been working on a street tree study. She attended their meeting and they are rapidly trying to finish that up for review. Mayor Steves stated that this report will be useful to the Land Use Committee. He explained that one of the things the Board of Trustees did when meeting with the various Boards and Councils is to recognize that the issues with trees includes coordination with the way various Boards look at the tree issues. This will go a long way to insure that there is a common approach to trees and tree preservation in the Village as it relates to the Land Use Committees. Village Board of Trustees 10 -28-2014 P a g e | 344 Trustee Pekarek stated that the CAC worked very hard on the study and they have current, scientific information. Trustee Pekarek also reported that Scarsdale Friends of the Parks are also advising the Village on its annual street tree replacement program. They are putting together some lists of appropriate trees, trees that are non-invasive, and trees that will weather storms. There will be a leaf mulching demonstration on November 15th and 16th at 3:00 P.M. at Chase Park. It is for landscapers and homeowners. Equipment and its proper use will be demonstrated to mulch leaves appropriately. Trustee Stern added that one of the mulching attachments will be raffled off to landscapers on both days. The equipment is worth approximately $700.00. ******** Trustee Lee reported on behalf of the Scarsdale Teen Center, stating that the Teen Center has operated the Haunted House for three weeks to date. The attendance has been fabulous; they have had over 1,400 visitors so far. There is one more weekend coming up this week and they will be open for three nights – Friday, Saturday and Sunday. If they are as successful in the upcoming weekend as they have been so far, they will feel as they have reached a new height in the success of this program. ******** Written Communications Village Clerk Conkling reported that two (2) written communications have been received since the last meeting of the Board:  Letters from Michael and Tanya Romanoff, 20 Myrtledale Road, and John and Susan Grosz, 65 Carthage Road, in opposition to the proposed Village’s 2015 Fall Leaf Collection Program. ******** Future Meeting Schedule Mr. Steves announced the following future meeting schedule:  Wednesday, November 5, 2014 – Finance Committee Meeting – 6:00 P.M. – Third Floor Meeting Room  Wednesday, November 12, 2014 – Personnel Committee Meeting – 6:30 P.M. – Trustees’ Room Village Board of Trustees 10 -28-2014 P a g e | 345  Wednesday, November 12, 2014 – Finance Committee Meeting – 7:00 P.M. – Trustees’ Room  Wednesday, November 12, 2014 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  Wednesday, November 12, 2014 – Board of Trustees Meeting – 8:00 P.M. – Rutherford Hall  Tuesday, November 25, 2014 – Committee of the Whole (2015 Leaf Collection Program) – 6:00 P.M. – Trustees’ Room - Mayor Steves encouraged the residents to attend the meeting regarding the 2015 Leaf Collection program to comment and provide input on the proposed resolution to change the method of leaf collection in the Village. Letters from individuals, for or against are well appreciated. He noted that he has received a number of letters on both sides of the issue. He stated that the letters are very well thought out, nicely articulated and very helpful.  Tuesday, November 25, 2014 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, November 25, 2014 – Board of Trustees Meeting – 8:00 P.M. – Rutherford Hall ******** Village Hall Schedule  Tuesday, November 4, 2014 – Election Day – Village Hall Closed  Tuesday, November 11, 2014 – Veterans Day – Village Hall Closed - Mayor Steves noted that there will be a program on Veterans Day at 10:30 A.M. in the Village Center at Boniface Circle. All in the community are invited. ******** There being no further business to come before the Board, Mayor Steves moved to adjourn the meeting, seconded by Trustee Brodsky and carried by a unanimous vote at 8:27 P.M. Donna M. Conkling Village Clerk