Board of Trustees

Village Board of Trustees 02 -24-2015 P a g e | 88 THREE THOUSAND TWO HUNDRED TWENTY-SIXTH REGULAR MEETING Rutherford Hall Village Hall February 24, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, February 24, 2015 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 Assistant to the Village Manager Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, February 10, 2015 was approved on a motion entered by Trustee Martin, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Pekarek stated that she had audited the Abstract of Claims dated February 24, 2015 in the amount of $336,175.11 which includes $11,524.12 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 Pekarek and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated February 24, 2015 in the amount of $336,175.11 is hereby approved. ******** Mayors Comments Mayor Steves stated that last night he met with the Task Force on mulching to listen to what their plans were going forward and to brief them on where the Board stands, and to listen to their suggestions and what support they were looking for from the Board. The Task Force is Village Board of Trustees 02 -24-2015 P a g e | 89 going to have a demonstration meeting on March 18th. The Board will schedule a public hearing with the Committee of the Whole which will involve public input. Shortly thereafter the Board discussed having the meeting on the same night but it was decided that one meeting would distract from the other. One meeting will be an educational meeting, the other one will more an exchange of opinions and views on this topic. This evening, the full Board met with the Conservation Advisory Committee (CAC) and the Friends of the Scarsdale Parks (FOSP) with respect to their respective recommendations on the tree law – management of trees in the community. He thanked them for all of their work on this issue and publicly commended them both for the work they continue to do in keeping the environment in the forefront of the community. They made some major recommendations which the Board will now take under advisement and decide the best course of action in moving forward. As with many things, that next step, moving from the conceptual idea to an actual workable plan is often difficult and time consuming. However, there is general support for taking seriously the management of trees in the community. ******** Managers Comments None. ******** Public Comments Robert Harrison, 65 Fox Meadow Road, distributed copies of emails to the Board that were sent to the Mayor and Board of Trustees; stating that some of the Board members may not have seen them. There were at least four emails sent; there may be others and they all make the case that we should not do a revaluation in 2016 as the 2014 revaluation hasn’t been completed yet. There are about 750 outstanding SCAR cases and Article 78’s. Also, on 10583 there have been several comments on the revaluation article. He stated that he is representing the Scarsdale Taxpayer Alert, a bona fide organization. There is a concern about spending excessively on consultants. Mr. Harrison asked what the largest professional services contracts that Scarsdale has entered into during its history. From his knowledge, $245,000 for J.F. Ryan Associates is the largest by far. He understands that Mr. Ryan will be at Village Hall next Tuesday at 8:00 P.M. He encouraged every resident of Scarsdale to attend that meeting. He encouraged the Board to make sure that meeting is videotaped for the community. He was disappointed that their deliberations on a new revaluation was not videotaped. Mr. Harrison stated that he spoke to John Wolham of the New York State Office of Real Property Services and asked him several questions. He asked if there were a mandate for communities to do revaluation and the answer is no; there is no two year mandate, no four year mandate, etc. The guidelines for revaluations and reassessments are viewable on the New York Village Board of Trustees 02 -24-2015 P a g e | 90 State Office of Real Property Services’ website. Four years is the suggested period of time. He encouraged the Board to reconsider and repeal the authorization to spend $245,000 to do another revaluation starting this summer. There are no penalties for the Village to not do a revaluation at this time. Michelle Sterling, Brayton Road, stated that she chairs the Scarsdale Forum Sustainability Committee. She stated that she is here this evening to state that when it comes to the environment and sustainability, education is great and she believes in it and takes part in it. She is also on the Task Force and has worked really hard. However, when it comes to the environment and sustainability, education alone is not enough. This has proven itself over and over again – you can education people but it’s not enough, you need a trigger. You need legislation. At a certain point you have to do something but at the end of the day you need legislation. Right now there are 17 County Legislators and 5 that have come out in favor of the plastic bag and polystyrene regulations. It would be nice to have our County Legislator come out in favor of this. Let’s not be the last one and maybe be a leader. As there were no further comments offered by the public, 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 eight months of fiscal year 2014-2015. General fund appropriations were 64.80% spent as of January 2015, which is a decrease of 4.5% from the 69.30% in 2013-2014. General Fund Revenues other than property taxes are $11,649,937 through January 2015 compared to $11,742.74 through January 2014, a decrease of $92,800. 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 improved $456,300. Building Permit revenue (included in License and Permit revenue) is down about $62,300 from last year’s record pace. Please note that the 2013-2014 first quarter License and Permit revenue included a single permit fee of $196,000. The largest single permit fee for 2014-2015 to date is $91,000. Tax penalties and delinquent tax collections are also down $79,300 as the balance of taxes and liens declined from last year. The Village received $500,000 from the sale of the abutting parcel to 2-4 Weaver Street. Excluding the receipt from the sale of property, Public Utility Tax, Sales Tax, Equipment Sales and Parking Permit and Meter revenue net of Department Fees and Investment Earnings are up an aggregate of $18,400. Mortgage tax is down $114,900. Recreation fees are up $187,700. Property Rentals are down $197,900 due to the aforementioned Con Ed lease payment and the cancellation of the Nextel leases; State Aid is down $495,700 since the 2013-2014 figures included FEMA aid. Village Board of Trustees 02 -24-2015 P a g e | 91 The actual collection of Village taxes through January 31, 2015 is at 99.33% which is up 0.2% from the last year’s collection percentage of 99.13%. ******** Mayor Steves pointed out the fact that the Village is spending money at a slower pace did not take into account the last couple of snowstorms. ******** Upon motion entered by Trustee Martin, and seconded by Trustee Lee, the following resolution establishing Fiscal Year 2015-16 Village Wide Fees and Charges was adopted by the vote indicated below: WHEREAS, Local Law # 4 of 1976 states that all fees and charges be established and levied at least once a year by resolution of the Village Board of Trustees; and WHEREAS, on an annual basis, the Village reviews its schedule of Village-Wide Fees and Charges relative to current operating costs, chronology of previous increases and the completion of comparative municipal surveys, in conjunction with review and discussion with the Board of Trustees’ Finance Committee; and WHEREAS, for Fiscal Year 2015-16, fee modifications are provided for: Sanitary Sewer:  Sanitary Sewer Rent Fee o Scarsdale Quarterly & Monthly Accounts Planning Board:  Watercourse Diversion Permit Parking:  Replace Parking Permit (Lost or Stolen) o Christie Place & Freightway (Annual) o Freightway & Village Hall (Semi-Annual) o Merchants Lot, Scarsdale Meter Lot & Village Hall o Temporary Permit for Current Holders  Parking Permits o Christie Place (Annual) o Freightway Non-Resident (Semi-Annual) Village Board of Trustees 02 -24-2015 P a g e | 92 o Freightway Non-Resident (Annual) Police Department:  Digital Photo Fees o Digital Copy of Polaroid; and WHEREAS, the Village Board’s Finance Committee reviewed and discussed the proposed FY 2015-16 Village-Wide Fees & Charges Schedule at their February 5, 2015 meeting and supported the proposed fee changes; now therefore be it RESOLVED, that the FY 2015-16 Village-Wide Fees & Charges Schedule, dated February 6, 2015, attached hereto and made a part hereof, is herein adopted, effective June 1, 2015, with the exception of the Sanitary Sewer Rent Fee which shall take effect for the August 2015 quarterly water billing for water used during the months of March, April and May 2015; and be it further RESOLVED, that the Village Clerk is hereby directed to publish notice of the changes to the 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 ******** Before the vote on the above resolution, Mayor Steves pointed out that most of these fees will have little impact. The Sewer fee is relatively new, with the fee going from .30 to .40 per 749 gallons of use, the standard measure. This was discussed in the Finance Committee and there is a parallel usage of this fund in maintaining the sewer system. This money is being raised and dedicated to the repair and restoration of the sewer and to some degree the storm water system. There is a direct relation to those costs in that fee. ******** Upon motion entered by Trustee Martin, and seconded by Trustee Lee, the following resolution regarding the County of Westchester Government Efficiency Plan for New York State Tax Levy Cap was adopted by the vote indicated below: Village Board of Trustees 02 -24-2015 P a g e | 93 WHEREAS, Chapter 97 of the Laws of 2011 of New York State establish a tax levy limit affecting all local governments in New York State except New York City; and WHEREAS, Part FF of Chapter 59 of the Laws of 2014 of New York State, commonly referred to as the “Tax Freeze Program” further establishes that eligible property owners (adjusted gross income of $500,000 or less) residing in Local Government Units (LGU) adopting budgets within the established tax levy caps for FY 2015-2016 and FY 2016-2017, would receive tax credits in the form of a rebate check from the State of New York equal to the amount of their year-to-year tax bill increase; and WHEREAS, the law further states that eligible property owners for FY 2016-2017 will only receive a rebate check if the local municipality both complies with said tax levy limit and submits an approved Local Government Efficiency Plan (LGEP) to the New York State Director of Budget identifying a cost savings equal to 1% of the 2014-2015 adopted tax levy, with such savings to be derived from municipal shared services, cooperative agreements, mergers and/or consolidations; and WHEREAS, the law further states that a combined LGEP may be submitted by a Lead Local Government Unit (LLGU) on behalf of all participating municipalities and that the 1% savings requirement would be met as long as it is achieved in the aggregate, even if some of the individual LGU’s within the LGEP fail to reach the 1% savings threshold individually; and WHEREAS, The County of Westchester has volunteered to function as a LLGU to include any Westchester municipal LGU, in order to submit a consolidated LGEP for the purposes of complying with the tax levy cap; now therefore be it RESOLVED, that the Village Board of Trustees hereby authorizes the Village of Scarsdale’s participation in submitting a consolidated Government Efficiency Plan with other Local Government Units through the County of Westchester serving as the Lead Local Government Unit, for the purposes of complying with the New York State tax levy cap for Fiscal Year 2016-2017 pursuant to Chapter 59 of the Laws of New York State; and be it further RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to take any and all administrative acts necessary to enter into this Westchester County Local Government Efficiency Plan. Village Board of Trustees 02 -24-2015 P a g e | 94 AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Upon motion entered by Trustee Martin, and seconded by Trustee Pekarek, the following resolution regarding the Acceptance of a Gift for Implementation for the Scarsdale Public Library Master Plan was adopted by a unanimous vote: WHEREAS, the Scarsdale Library Board completed a Master Plan dated June 10, 2013 which identifies a number of building renovations and additions. These renovations and additions will increase the capacity of the Library to provide a broader range of rapidly evolving library services while maintaining popular traditional collections and programs by offering a more balanced utilization of the building space within a safe, attractive and inviting comfortable environment; and WHEREAS, the improvements identified in the Master Plan will transform the Library into a multi-purpose community asset for future generations, maintain its preeminent status among free public libraries in the County and State, enhance its technological capacity to further library services and create a physical environment that will be a welcoming and versatile learning center; and WHEREAS, the investment for creating this future environment of additions, alterations and renovations is presented in the June 10, 2013 Village of Scarsdale Library Master Plan and estimated at a cost of approximately $12 million, to be implemented in phases over a multi-year period, that keeps the Library open throughout the construction; and WHEREAS, the Scarsdale Public Library Board, at their October 21, 2013 meeting, authorized the retention of the fund raising consulting firm of Plan A Advisors, P.O. Box 165, Thornwood, NY 10594, to design and conduct a capital campaign to implement the projects in the Master Plan, said authorization supported by the Scarsdale Village Board via resolution dated April 8, 2014, attached; and WHEREAS, as a result of the capital campaign fund raising efforts, an anonymous benefactor has offered to donate the sum of $200,000 to be used to pay a Village Board of Trustees 02 -24-2015 P a g e | 95 portion of the project architectural services related to the Schematic Design Phase preparation; said services to be included in a professional services agreement with the Library Board’s preferred architect, currently under negotiation; and WHEREAS, pursuant to Policy #103: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; now therefore be it RESOLVED, that the Village Board of Trustees hereby accepts the gift of $200,000 to be used toward the costs associated with the architectural services for the Scarsdale Public Library Master Plan Capital Improvement Project; and be it further; RESOLVED, that the Village Treasurer take the necessary steps to complete the transaction and accept this financial gift of $200,000 and deposit it in the Library Capital Campaign Account; and be it further RESLOVED, that the Board of Trustees hereby extends their heartfelt thanks and great appreciation to the anonymous donor for this overwhelmingly generous gift to the community. ******** Land Use Committee Trustee Lee explained that the following resolution would schedule a public hearing to amend Local Law #2 of 2015 regarding a moratorium on certain applications to the Planning Board, Board of Appeals, Board of Architectural Review, and Building and Engineering Departments. As background, Trustee Lee stated that this proposed amendment to the moratorium law that was adopted at the last Board meeting would exempt from the moratorium building projects involving gravel surfaces that would otherwise be covered by the moratorium but whose applications for the project were already in progress and had already received approvals from one or another Land Use Board or a permit from the Village Building or Engineering Departments. Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding scheduling a Public Hearing to Amend Local Law #2 of 2015 Regarding a Moratorium on Certain Applications to the Planning Board, Board of Appeals, Board of Architectural Review, Building and Engineering Departments was adopted by the vote indicated below: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Village Board of Trustees 02 -24-2015 P a g e | 96 Tuesday, January 27, 2015, at 8:00 p.m. to consider proposed local laws to repeal in its entirety Chapter 182 of the Scarsdale Village Code, entitled “Historic Preservation” and to establishing a new Chapter 182 of the Scarsdale Village Code entitled “Historic Preservation”, and be it further RESOLVED, that the Village Clerk is hereby directed to publish notice of said hearing pursuant to Village Law. 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 Authorization to Commence Negotiations with Verizon New York Inc. for a Cable Television Franchise Agreement was adopted by a unanimous vote. WHEREAS, Scarsdale Village Code section 275 establishes an administrative body named the “Cable Television Commission” whose functions include the negotiation of franchise agreements with all cable operators who desire to supply cable service to residents, businesses and others located within the Village, said negotiated agreements shall be presented for action to the Village Board of Trustees with a report and recommendations from the Commission; and WHEREAS, the term of one such current agreement between the Village of Scarsdale and Verizon New York Inc. is set to expire on August 22, 2017, and in a letter dated January 9, 2015, attached, from Verizon New York Inc. stated its desire to commence negotiations for a new cable television franchise agreement; and WHEREAS, in a memo dated January 23, 2015, also attached, Deputy Village Manager Stephen M. Pappalardo notified Lorayne Fiorello, Chair of the Cable Television Commission, of Verizon’s desire to commence negotiations; now therefore be it Village Board of Trustees 02 -24-2015 P a g e | 97 RESOLVED, that the Village Board of Trustees hereby authorizes the Cable Television Commission to commence negotiations of a franchise agreement between the Village of Scarsdale and Verizon New York Inc. for the nonexclusive supply of cable services within the Village; and be it further RESOLVED, that the Village Manager is hereby authorized to provide expertise and guidance in said negotiations as may be reasonably needed by the Cable Television Commission and to undertake any and all administrative acts as may be required. ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution Awarding VM Contract #1177 – Elevator Service and Maintenance Contract was adopted by the vote indicated below: WHEREAS, the Village currently contracts with ThyssenKrupp Elevators for the maintenance of six Village owned elevators located at the Village Hall, Freightway Parking Garage, Christie Place Parking Garage, Public Safety Building, Supply Field Building and the Scarsdale Volunteer Ambulance Corp. Building, for an annual cost of $24,000, said contract expiring on March 1, 2015; and WHEREAS, Village staff prepared bid specifications for a new elevator service and maintenance contract to include the aforementioned elevators while adding the wheelchair lift located at the Village Hall; and WHEREAS, the Village Manager reports that he publically advertised for the receipt of bids on January 16, 2015 under VM Contract #1177 – Elevator Service & Maintenance Contract, Village of Scarsdale Elevators, and notified five elevator contractors, said VM Contract providing for a two-year term with an option to renew for three additional one-year periods at the sole option of the Village; and WHEREAS, the scope of work provided under VM Contract # 1177 includes inspection, preventive maintenance and repair of six Village of Scarsdale elevators and one wheelchair lift including all labor, materials and parts as required; and WHEREAS, the VM Contract also requires the contractor to provide the Village with an hourly labor rate for repair / replacement work beyond the scope of work included in the contract, providing the Village the option to use the Village Board of Trustees 02 -24-2015 P a g e | 98 contractor on a time and material basis with reimbursement for materials used; and WHEREAS, on the bid opening date of February 10, 2015, one sealed bid was received and opened for VM Contract # 1177 – Elevator Service & Maintenance Contract, Village of Scarsdale Elevators, from Kone Inc., 150 Mt. Bethel Road, Warren, NJ 07059, for a total two year cost of $47,500 ($23,400 year one & $24,100 year two); and WHEREAS, the bid received from Kone Inc. meets the contract specifications and the cost is within industry standards, with the Year 1 fee less than the contractual fee currently paid by the Village; and WHEREAS, Village staff has reviewed the bid, checked references and discussed the contract scope with a representative of Kone Inc., who conveyed a clear understanding of the scope of work and comfort with the bid; now therefore be it RESOLVED, that VM Contract # 1177 – Elevator Service & Maintenance Contract, Village of Scarsdale Elevators, be awarded to the lowest responsible bidder, Kone Inc., 150 Mt. Bethel Road, Warren, NJ 07059, for a total two year price not to exceed $47,500, subject to adequate budget appropriations; and be it further RESOLVED, that the Village may utilize Kone Inc., to perform time and material work for services beyond the scope provided for in VM Contract # 1177 at the bid rate of $245 / hour and shall reimburse the contractor for materials used to perform the repair / replacement work; and be it further RESOLVED, that the cost for VM Contract # 1177 – Elevator Service & Maintenance Contract, Village of Scarsdale Elevators be charged to the Department of Public Works operating budget; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract # 1177 – Elevator Service & Maintenance Contract, Village of Scarsdale Elevators, on behalf of the Village of Scarsdale with said Kone Inc., 150 Mt. Bethel Road, Warren, NJ 07059, and undertake all associated administrative acts; and be it further RESOLVED, that pursuant to Section 2.12 of the Village Internal Control Policy, this contract may be extended annually by the Village Manager for three additional one year periods subject to the availability of adequate budget appropriations and in accordance with the Federal and State indices identified in the contract, as long as all other contract terms and conditions remain unchanged. Village Board of Trustees 02 -24-2015 P a g e | 99 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 Brodsky, the following resolution regarding Authorization to Execute a Professional Service Agreement for Engineering Consulting Services for the Crane/Berkley Pond and Watercourse Sediment Removal and Re- grading Project was tabled on a motion entered by Trustee Stern, seconded by Trustee Brodsky and carried by a unanimous vote: WHEREAS, the Village storm drainage system and infrastructure has existed for over a century with integral parts including drains, dams, pipes, watercourses, wetlands and ponds located on public and private property; and WHEREAS, in the interest of the public health, safety and welfare, the Village must maintain the integrity of the stormwater drainage system on a periodic basis; and WHEREAS, the portion of the Village stormwater drainage system that empties to the Crane/Berkley watercourse is now in need of thorough cleaning of sediment and debris that has accumulated, interfering with the drainage system; and WHEREAS, residents of the Crane/Berkley Neighborhood Association approached the Village by petition and requested that the Village aid in the maintenance of the stormwater drainage system which lies partly on public property and partly on private property, by establishing a special improvement district, in which the Village and the Crane/Berkley Neighborhood Association would share in the cost of such capital improvement as the project would benefit both parties; and WHEREAS, the Village established a similar special improvement district in 1994 identified in the Village Code under Chapter 137, which expired in 2004; and WHEREAS, the magnitude of this improvement project creates a necessity for a professional engineer with extensive drainage improvement and wetlands Village Board of Trustees 02 -24-2015 P a g e | 100 experience to analyze the specific problem areas and provide construction documents and cost estimate specifics; and WHEREAS, the Village Engineering Department distributed a request for proposal to three experienced engineering firms to provide project engineering services separated into two phases as follows: Phase I – preparation of existing condition drawings, preparation of conceptual design, and cost estimate, Phase II – preparation of engineering and construction documents, bid period services and construction administration; and WHEREAS, the proposal submitted by Professional Consulting, Inc. (PCI) of Parsippany, New Jersey best met the project requirements and the selection criteria with PCI’s professional experience most closely-related to the scope of work required for the Crane/ Berkley Pond and Watercourse Project, and the fee proposed is fair and accurate for the work involved, and consistent with those proposed by the two other firms responding to the RFP; and WHEREAS, on January 27, 2015, the Village Board of Trustees, in accordance with NYS Village Law § 22-2200 established the Crane/Berkley Special Improvement District (attached) in response to the Crane/ Berkley Association’s request that the Village create a special district for the aforementioned pond and watercourse improvements; now therefore be it RESOLVED: that the Village Manager is herein authorized to execute Phase I of the attached professional service agreement with Professional Consulting, Inc., 719 Route 10, Parsippany, New Jersey, in substantially the same form as attached hereto, in an amount not to exceed $28,365 for the services outlined in “Exhibits A, B and C” of the agreement, attached hereto and made a part hereof; and be it further RESOLVED: that the $28,365 cost of this Phase I work be shared equally by the Crane/ Berkley Association and Village of Scarsdale at $14,182.50 each; and be it further RESOLVED: that the Village cost of $14,182.50 be charged to the Capital Budget Account # H-1997-961 2015-116 – Crane Berkley Pond Improvements; and be it further RESOLVED: that the Crane/ Berkley Neighborhood Association’s payment of $14,182.50 be credited to the Capital Budget Account # H-1997-961 2015-116 – Crane Berkley Pond Improvements to be consolidated with the Village share for the Phase I engineering work. ******** Village Board of Trustees 02 -24-2015 P a g e | 101 Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding Emergency Repair to Sanitary Sewer Main on Weaver Street was adopted by the vote indicated below: WHEREAS, on September 30, 2014, DPW responded to an emergency regarding a sanitary sewer manhole surcharge located in front of 45 Weaver Street, a condition confirmed by the responding Highway Department personnel who were unable to clear a blockage in the sewer line; and WHEREAS, Fred A. Cook Corp., a vendor currently under contract with the Village, was called to clean and televise the sewer main, and during such activity, determined that a collapsed section of sewer pipe, approximately 10 L.F. in length was the cause of the sewer backup; and WHEREAS, staff determined that this collapsed section of the line required immediate repair as, if left unattended, would significantly impede sanitary flow with the likelihood of residential home sewage backing up and raw sewage leaching in the ground, thereby creating a life, health and safety issue for Village residents; and WHEREAS, due to the damage involved in the collapse, the less invasive option of lining the existing main was unavailable and the decision was made to perform a point repair, which involved excavation of approximately 12 ft; removal of the existing collapsed 10”diameter sanitary sewer main; and the installation of approximately 10 L.F. of new 10” diameter SDR-35 pipe with Fernco connections; and WHEREAS, Montesano Bros., Inc., 76 Plain Avenue, New Rochelle, N.Y. 10801, was working at the time on the Village’s Sheldrake Drainage Improvement Project and as a vendor working in the area and known by staff to possess the necessary equipment and experienced personnel to commence work within hours of notification; and WHEREAS, the point repair work was performed by Montesano in October of 2014 which consisted of 8 days of work and the excavation, removal replacement and restoration were performed in a successful and professional manner; and WHEREAS, pursuant to New York State General Municipal Law (GML) 103-4, “in case of a public emergency arising out of an accident or other unforeseen occurrence or condition whereby circumstances affecting public buildings, public property or the life, health and safety… require immediate action which cannot await competitive bidding,” and absent any dilatory action Village Board of Trustees 02 -24-2015 P a g e | 102 or nonfeasance on behalf of the Village, a purchase may be made by the appropriate officer; and WHEREAS, pursuant to Section 3.5 of the Village Internal Control Policy, if an emergency purchase is made that exceeds statutory bid limits, a resolution declaring the emergency and authorizing the purchase must be prepared for approval by the Village Board at the next regularly scheduled meeting, which for unforeseen circumstances was not accomplished; and as such action at this time is necessary, “nunc pro tunc”, or after the time expires; and WHEREAS, based on the public emergency of the sanitary sewer main collapse and the need to protect the public health, safety and welfare of the Scarsdale residents, the Village Manager, believes that it is appropriate to declare, “nunc pro tunc”, an emergency pursuant to GML 103-4; now therefore be it RESOLVED, pursuant to New York State GML 103-4 and Section 3.5 of the Village Internal Control Policy, the Village Board, herein, declares “nunc pro tunc” an emergency and concurs with the Village Manager’s actions in the emergency procurement, in this case with the sanitary sewer point repair conducted by Montesano Bros., Inc., 76 Plain Avenue, New Rochelle, N.Y. 10801 at a cost of $ 44,498.04, with the cost of same being charged to Sanitary Sewer Rehabilitation line item H-8120-965 2013-092 for $20,547.02; Sanitary Sewer Rehabilitation line item H-8120-965 2015-092 for $ 13,701.00; and Sanitary Sewer Chemical Treatment line item H- 8120-965 2014-091 for $ 10,250.02. 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 Authorization to Execute an Agreement with South East Consortium for Special Services, Inc. was adopted by the vote indicated below: Village Board of Trustees 02 -24-2015 P a g e | 103 WHEREAS, the South East Consortium for Special Services, Inc. is a voluntary not- for-profit corporation whose sole purpose is to provide therapeutic recreation services to Westchester County youth and adults with physical, developmental, learning and emotional disabilities; and WHEREAS, the Consortium provides these services through an intermunicipal agreement with the member municipalities of the City of Rye, Towns of Eastchester, Pelham and Mamaroneck, the Villages of Bronxville, Mamaroneck, Port Chester, Rye Brook and Tuckahoe, and the Town/Villages of Harrison and Scarsdale; and WHEREAS, the Village has participated in this program since its inception 34 years ago and has found it to be a very beneficial and successful endeavor; and WHEREAS, the Village of Scarsdale’s cost to participate in the Consortium for 2015 is $16,334 which remains unchanged year to year; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute a renewal agreement for calendar year 2015, on behalf of the Village of Scarsdale, with South East Consortium for Special Services, Inc. to provide special recreation programs for disabled individuals in Scarsdale, in substantially the same form as attached hereto; and be it further RESOLVED, that the 2015 program year cost of $16,334 is hereby approved and shall be charged to the Recreation Department Operating Budget Account #A- 7020- REC-DISAB-400-499. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Before the vote was taken on this resolution, Mayor Steves stated that this is a real effort on behalf of the Recreation Department to make sure that their programs are as inclusive as they can be. It is a very cost effective way of letting individuals who need this type of service to enjoy, in particular, the summer camp. It is a small program but worth highlighting. ******** Village Board of Trustees 02 -24-2015 P a g e | 104 Other Committee Reports None. ******** Liaison Reports Trustee Pekarek reported that she attended the County Legislator meeting yesterday that involved further discussion and fact finding regarding the proposed plastic bag and expanded polystyrene ban. Yesterday they only discussed expanded polystyrene. There was a representative from American Chemical Council giving the Board information. They had hoped that a representative from the Dart Corporation, an expanded polystyrene manufacturer would have attended, but did not. That meeting will have to be rescheduled. The ban was discussed, as well as recycling of polystyrene. The legislators at the meeting and representatives from the County DPW and recycling center felt that polystyrene recycling is not feasible at this time. The legislators will continue to discuss these issues. A date for the next meeting was not scheduled at that time. Trustee Pekarek also spoke about the leaf mulching education panel that will occur on March 18th and will be held at the Scarsdale Library. The meeting will begin at 8:00 P.M. and there will be panelists: Michael Bellantoni of Bellantoni Landscaping, Tim Downey from Aesthetic Landscape Care, Michael Marks from Almstead Tree and Shrub Care, and someone from Cornell Cooperative Extension will also be in attendance. The panel will be discussing what mulching is, how it works on particular properties, how much it is likely to cost and other common questions. She thanked the Leaf Task Force for putting this together. There will be advertising on the Village website, www.scarsdale.com. There will also be banners placed in the community. She urged everyone to attend. Mayor Steves added that this will be filmed so it will be available on Cable and on the website. ******** Written Communications Village Clerk Conkling reported that one (1) written communication was received since the last meeting:  A letter from Ruth Stein, 49 Sheldrake Road, concerning a parking ticket she received. Village Manager Gatta’s response is attached. ******** Village Board of Trustees 02 -24-2015 P a g e | 105 Future Meeting Schedule Mr. Steves announced the following future meeting schedule:  Wednesday, February 25, 2015 – Land Use Committee – 6:00 P.M. – Trustees’ Room  Tuesday, March 3, 2015 – Personnel Committee – 6:00 P.M. – Trustees’ Room  Tuesday, March 3, 2015 – Finance Committee – 8:00 P.M. – Trustees’ Room  Tuesday, March 10, 2015 – Agenda Committee Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, March 10, 2015 – Village Board Meeting – 8:00 P.M. – Rutherford Hall  Wednesday, March 11, 2015 – Joint Village/School Board – 7:00 P.M. – Scarsdale High School, 2 Brewster Road – Room 170-172 ******** Mayor Steves stated that in regard to future meetings, a Committee Meeting of the Whole will be scheduled on the mulching issue, most likely a week or so after the March 18th meeting of the Task Force. The Board will look for community response on the whole issue of leaf maintenance. ******** FY 2015/2016 Budget Discussions: Finance Committee – Trustees’ Room  Tuesday, March 10, 2015 – 6:30 P.M. Public Briefing Sessions – 3rd Floor Meeting Room  Wednesday, February 25, 2015 – 7:00 P.M. – Operating Budget  Wednesday, March 4, 2015 – 7:00 P.M. – Capital Budget ******** There being no further business to come before the Board, Trustee Martin moved to adjourn the meeting, seconded by Trustee Stern and carried by a unanimous vote at 8:55 P.M. Donna M. Conkling Village Clerk