Board of Trustees

Village Board of Trustees 12-09-2014 P a g e | 370 THREE THOUSAND TWO HUNDRED TWENTIETH REGULAR MEETING Rutherford Hall Village Hall December 9, 2014 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, December 9, 2014 at 8:10 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 November 25, 2014 were approved on a motion entered by Trustee Martin, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Samwick reported that he had audited the Abstract of Claims dated December 9, 2014 in the amount of $724,903.52 which includes $21,555.28 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 Samwick and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated December 9, 2014 in the amount of $724,903.52 is hereby approved. Trustee Samwick further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $706,831.43 which were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Samwick and seconded by Trustee Brodsky, the following resolution was adopted unanimously: Village Board of Trustees 12-09-2014 P a g e | 371 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $706,831.43 is hereby ratified. ******** Mayors Comments Mayor Steves stated that he would like to again thank all those who have provided input on mulching. Later on in the meeting, Trustee Pekarek will speak about the ongoing efforts with respect to education on mulching. The next meeting of the Board is an early morning the day before Christmas Eve, so Mayor Steves stated that he would like to take this opportunity on behalf of the Village and the Board of Trustees to wish everyone a happy, healthy, and safe Holiday season. Best wishes from the Trustees and himself. ******** Manager’s Comments None. ******** Public Comments As there were no comments offered by the public, Mayor Steves closed the public comments portion of the meeting. ******** Fire Commissioner Trustee Martin stated that as Fire Commissioner, he has had the honor of meeting a number of the Fire Volunteers at several of their functions and that they are a very impressive group – very organized, disciplined and professional. However, they are in need of new members. If anyone in the community knows of someone who might want to have a fulfilling volunteer’s position in the Village and perform a very valuable service, please have them come forward and offer their services. Upon motion entered by Trustee Martin, and seconded by Mayor Steves, the following resolution regarding a Grant Agreement with the New York State Dormitory Authority for the Scarsdale Fire Training Building Renovation Project was adopted by the vote indicated below: Village Board of Trustees 12-09-2014 P a g e | 372 WHEREAS, the Village owns a fire training building located at the Village Recycling Center, 110 Secor Road, which is used extensively for live fire and many other types of training for both career and volunteer firefighters; and WHEREAS, as a result of its intensive use, concrete degradation occurred during training exercises with Village Public Works crews and outside vendors having completed temporary repairs several times, however, the building has significant damage beyond the ability of the Village staff to repair and the burn rooms were declared unusable by the Scarsdale Building Department in 2007; and WHEREAS, Based on a 2008 preliminary analysis, Village staff recommended the installation of fire resistant panels in all three (3) burn rooms on the walls and ceilings, to protect the structure from heat during live fire drills, along with necessary structural and other enhancements to the building; and WHEREAS, In October 2009, Village staff, with the support of New York State Assemblywoman Amy Paulin, applied for and was awarded a $125,000 grant under the New York State Dormitory Authority’s Community Capital Assistance Program (CCAP) for costs associated with the design and renovation of the Scarsdale Fire Training Building; and WHEREAS, via resolution dated January 12, 2010, the Village Board authorized a professional services agreement with structural engineer Dr. Bernard Grossfield, P.E. for $18,750 to design the project, prepare construction bid documents in accordance with NYS and Village of Scarsdale bidding requirements, prepare construction cost estimates and perform construction administration services; and WHEREAS, Dr. Grossfield subsequently submitted a construction cost estimate of $250,000 - $300,000 which included installation of fire proofing panels in three burn rooms; repair of interior walls, floors and ceilings; exterior stone repairs; removal and replacement of stucco finish; cellar stone wall repair and other enhancements to the building; and WHEREAS, the Village was unable to obtain additional grant funding and while the building continued to decline, bid specifications were prepared which contained several bid alternates to give the Village flexibility to award certain portions of the project based on available Capital Budget funds; and WHEREAS, on March 29, 2013, the Village Manager reported that he publicly advertised for the receipt of bids under VM Contract #1151 – Scarsdale Fire Training Building Renovation and held a pre-bid meeting on April 16, 2013; and Village Board of Trustees 12-09-2014 P a g e | 373 WHEREAS, on April 30, 2013, six bids were opened with the lowest responsible bid received from Devine Construction for a total of $247,164, or $140,664 more than the available funds of $106,500; and WHEREAS, due to the shortage of project funding, the Village Board, at their June 25, 2013 meeting, rejected all bids for VM Contract #1151 – Fire Training Building Renovation and authorized the Village Manager to re-bid and re- advertise the project once additional grant funding was secured (resolution attached); and WHEREAS, in an effort to secure additional funding for the project the Village again contacted Assemblywoman Paulin whose office subsequently submitted an application to the New York State Dormitory Authority for an additional $75,000 CCAP grant on behalf of the Village; and WHEREAS, on October 31, 2014 the Dormitory Authority of New York State proffered a Grant Disbursement Agreement to the Village of Scarsdale in the amount of $75,000; and WHEREAS, project funds currently available include: $106,250 (balance from first CCAP Grant); CCAP new commitment of $75,000 and Village funds of $75,000 (allocated and included in the FY 14/15 Capital Budget) for a total of $256,250 which should be sufficient to fund the base bid work; now therefore be it RESOLVED, that the Village Manager is, herein authorized to execute a Grant Disbursement Agreement with the Dormitory Authority of the State of New York, in substantially the same form as attached hereto, and to take all administrative actions associated with the Agreement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Village Board of Trustees 12-09-2014 P a g e | 374 Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Scheduling a Public Hearing on Amendments to the Village Zoning Code Chapters 310-2; 310-4; and 310-67 was adopted by the vote indicated below: WHEREAS, pursuant to Scarsdale Village Code §77-2, the Village Board, via resolution dated October 28, 2104 (attached), referred to the Planning Board certain clarifying amendments to Village Zoning Code Chapter 310 for their review and comment, further waiving the 60 day reporting requirement; and WHEREAS, the Planning Board has completed its deliberations on the proposed amendments and found that their adoption would help clarify and reinforce existing provisions without additional burden to applicants and as such, unanimously adopted a resolution (attached) recommending that the Village Board enact said amendments; and WHEREAS, the Village Board must schedule and conduct a public hearing prior to voting on a local law to enact the amendments to the Scarsdale Village Code; now therefore be it RESOLVED, that the Village Board herein schedules a public hearing on the Introductory Local Law, attached hereto and made a part hereof, to amend Chapters 310-2, 310-14 and 310-67 of the Scarsdale Village Zoning Code, for Tuesday, January 13, 2015 at 8:00PM, Rutherford Hall, Village Hall. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution Awarding VM Contract #1176 – Fenimore Road Water Valve Replacement was adopted by the vote indicated below: Village Board of Trustees 12-09-2014 P a g e | 375 WHEREAS, the Village of Scarsdale owns, operates and maintains water distribution lines and appurtenances on Fenimore Road; and WHEREAS, during the recent construction of the Reeves Newsome Water Supply Station located on Fenimore Road, the contractor, while attempting to close an aging water valve to stop the flow of water in order to install a new Station water pump, damaged the Station’s primary 24” water distribution main and; WHEREAS, subsequent attempts to close the other valves along Fenimore Road to stop the flow of water in order to make the necessary repairs were problematic, with the contractor eventually installing a separate “line-stop” in order to halt the water flow allowing for the necessary repairs to the water main and the valve, said installation and repairs taking several days to complete resulting in a disruption of water service to a number of Village residences; and WHEREAS, in order to upgrade the water distribution system along this primary distribution line while minimizing the duration of future residential water outages, the Village is desirous of replacing a valve located at the intersection of Fenimore and Walworth Roads; and WHEREAS, the Village Engineer and Water Superintendent prepared the scope of work for the project which involves the excavation and installation of a “line-stop” and a separate excavation and installation of a new valve, including all trench shoring, backfilling and road restoration work as well as the use of Scarsdale Police Officers for traffic control; and WHEREAS, the necessary construction contract and bidding documents were prepared pursuant to VM Contract #1176 - Fenimore Road Water Valve Replacement, which was publically advertised by the Village Manager on November 21, 2014, and on the bid opening date of December 1, 2014, three (3) bids were received with the apparent low bid received from Joken Development Corp., 9 Belway Place, White Plains, NY 10601, for a total lump sum bid of $58,000; and WHEREAS, Village staff thoroughly reviewed the bids, checked references for the apparent low bidder and spoke to the owner and herein recommends that the contract be awarded to the lowest responsible bidder, Joken Development Corp., 9 Belway Place, White Plains, NY 10601; and WHEREAS, pursuant to 6 NYCRR 617.5, the scope of work in VM Contract #1176- Fenimore Road Water Valve Replacement, is considered a Type II SEQRA action requiring no further environmental review; and Village Board of Trustees 12-09-2014 P a g e | 376 WHEREAS, via resolution dated March 13, 2012 (attached), the Village Board authorized the issuance of $5,800,000 in bonds to pay for various improvements to the Village water supply and distribution system, including, without limitation, the upgrading and rehabilitation of the Reeves Newsome Pump Station and incidental expenses in connection therewith; now therefore be it RESOLVED, that VM Contract #1176 - Fenimore Road Water Valve Replacement be awarded to the lowest responsible bidder Joken Development Corp., 9 Belway Place, White Plains, NY 10601, for a total bid cost of $58,000; and be it further RESOLVED, that the cost of same be charged to the Water Enterprise Budget, Reeves Newsome Bond Issue, Account No. EWS-8310-PUMP-CAPTL-500-50; and be it further RESOLVED, that the Village Manager shall take all administrative acts associated with execution and implementation of VM Contract #1176 – Fenimore Road Water Valve Replacement. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding Placement of a Menorah in Chase Park was adopted by the vote indicated below: WHEREAS, a request was received on December 3, 2014 from the Chabad Lubavitch of Westchester County to place a menorah in Chase Park from December 16, 2014 to January 6, 2015; and WHEREAS, the Board of Trustees of the Village of Scarsdale is willing to grant said permit; now therefore be it RESOLVED, that the application of the Chabad Lubavitch of Westchester County to place a menorah in Chase Park is hereby approved, pursuant to Chapter 240 of the Scarsdale Village Code; and be it further Village Board of Trustees 12-09-2014 P a g e | 377 RESOLVED, that a permit be issued to the Chabad Lubavitch of Westchester County for a public display in Chase Park, from December 16, 2014 to January 6, 2015, subject to the submission, by the Chabad Lubavitch of Westchester County, of a certificate of liability insurance naming the Village of Scarsdale as an additional insured; and be it further RESOLVED, that the display shall be dismantled and removed from Chase Park by the Chabad Lubavitch of Westchester County no later than January 6, 2015. 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 Pekarek, the following resolution regarding Non-Resident Use of Paddle Tennis Courts for the 2014-2015 was adopted by the vote indicated below: WHEREAS, the City of White Plains Parks and Recreation Department contacted the Village of Scarsdale to request access to five Scarsdale paddle tennis courts for the 2014/2015 winter season (November 1st -March 31st) as delays in construction of a new indoor/outdoor tennis complex in White Plains has precluded access to the paddle tennis courts for White Plains residents (letter attached); and WHEREAS, the Village Parks, Recreation and Conservation Department has proposed an option to allow limited access to five Village of Scarsdale paddle tennis courts for up to twenty five White Plains residents resulting in additional revenue for the Village with limited impact to current Scarsdale paddle tennis permit holders; and WHEREAS, under the proposed plan, up to twenty five White Plains residents could purchase a non-resident paddle tennis permit for $90 valid from December 10, 2014 to March 15, 2015, representing a 25% increase over the current Scarsdale permit fee as prorated for the remaining portion of the 2014/2015 season; and Village Board of Trustees 12-09-2014 P a g e | 378 WHEREAS, the non-resident paddle tennis permit holders would only have access to paddle courts during non-peak usage times between the hours of 10 AM and 7 PM Monday through Sunday in order to allow Scarsdale residents sole use of the courts during preferred hours; and WHEREAS, the City of White Plains will collect payment for non-resident permits and will provide payment and a permit roster directly to the Scarsdale Parks, Recreation and Conservation Department who will monitor all paddle court usage; now therefore be it RESOLVED, that the Village Board of Trustees herein approves the limited use of five Village of Scarsdale paddle tennis courts, via the sale of permits, for City of White Plains residents through the City of White Plains Parks and Recreation Department, not to exceed a maximum number of twenty five participants from December 10, 2014 through March 15, 2015; and further be it RESOLVED, that access to paddle tennis courts for the City of White Plains non- resident permit holders is provided between non-peak usage times of 10 AM and 7 PM, Monday through Sunday at a prorated permit fee of ninety dollars ($90.00) to be collected by the City of White Plains and paid directly to the Village of Scarsdale for the 2014/2015 paddle tennis season. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Other Committee Reports Trustee Stern reported on behalf of the Sustainability Committee, stating that they have been meeting and encouraging the Village to look at the possibility of replacing all the street lighting with LED lights as a means of saving money and having a more efficient lighting system. The Village has put up two sets of LED streetlights; one on Heathcote Road near the intersection of Kelwynne Road, and a second one on the more residential area of Kelwynne and Birchall Roads. The Committee strongly urges Scarsdale residents to look at these lights to see what they think of them and to compare them to the existing sodium street lighting. They would Village Board of Trustees 12-09-2014 P a g e | 379 appreciate any feedback the residents can give them on the LED street lights. ******** Liaison Reports Trustee Pekarek reported on behalf of the Leaf Task Force, stating that after the public meeting the Village Board held a few weeks ago, and as a result of that meeting, the Leaf Task Force was asked to put together a question and answer document about leaf mulching. This document will be on the Village’s website at www.scarsdale.com in the next couple of weeks. In addition to that, there will be a mailing that will be a part of the Village Department of Public Works’ schedule of sanitation pickups. That will be a one page information piece that will identify what the resolution, if adopted, hopes to accomplish and some of the questions that were asked at that meeting. Due to space constraints, the answers to those questions will be on the website. Mayor Steves added that the Village will continue to evaluate the alternatives to the current leaf pickup process and provide as much educational material to the community on mulching and mulching in place. He thanked the Task Force members for their continued work. ******** Trustee Pekarek next reported that the Westchester County Soil and Water Conservation District will honor both the Village of Scarsdale and the Scarsdale Friends of the Parks. The Village will receive an award for the South Fox Meadow Stormwater Management Project. This encompasses the George Field Park detention basin and wetlands restoration and the rain garden at Cooper Green which also includes a detention basin. The Friends of the Parks, in concert with the Village, also did a wetlands restoration project at the Library, for which they will receive a commendation. The awards ceremony will be held at the Westchester County Center on Thursday, December 11th. ******** Written Communications Village Clerk Conkling reported that two (2) written communications have been received since the last meeting of the Board:  An email from Betty Blume, 246 Mamaroneck Road, expressing her concerns regarding leaf mulching and the proposed elimination of leaf pick up.  An email from Russell Kopp, 12 Sage Terrace, regarding mulching, the proposed elimination of the leaf collection program, and suggestions concerning Board of Architectural Review standards for solar panels. Village Board of Trustees 12-09-2014 P a g e | 380 ******** 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 8:32 P.M. Donna M. Conkling Village Clerk