Board of Trustees

Village Board of Trustees 03-10-2015 P a g e | 88 THREE THOUSAND TWO HUNDRED TWENTY-SEVENTH REGULAR MEETING Rutherford Hall Village Hall March 10, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, March 10, 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, Deputy Village Clerk Regazzi, and Assistant to the Village Manager Scelza. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, February 24, 2015 were approved as amended on a motion entered by Trustee Martin, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Martin stated that he had audited the Abstract of Claims dated March 10, 2015 in the amount of $737,683.92 which includes $19,950.01 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 March 10, 2015 in the amount of $737,683.92 is hereby approved. Trustee Martin further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $629,277.14 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 Brodsky, the following resolution was adopted unanimously: Village Board of Trustees 03-10-2015 P a g e | 89 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $629,277.14 is hereby ratified. ******** Mayors Comments Mayor Steves stated that he has two announcements this evening. First, he read a statement from the Village Clerk’s office as follows: “Be advised that the Village Election will be held on Wednesday, March 18, 2015. Although Village Elections are usually held on the third Tuesday in March, New York State Village Election Law requires Villages to move the election from Tuesday to Wednesday should the election fall on St. Patrick’s Day. Voting for all Election Districts will take place in the Village Hall Lobby. Voting hours are from 6:00 a.m. to 9:00 a.m.; and Noon to 9:00 p.m. For registered voters who will be out of Westchester County on Village Election Day, an absentee ballot can be obtained by filling out an application form at Village Hall. Applications made in person can be accepted until Monday, March 16, 2015. For more information, contact the Village Clerk’s office at 722-1175.” Mayor Steves encouraged all Scarsdale residents to come out and vote. On March 17th, at 7:30 p.m., the Committee of the Whole will meet for a meeting with J.F. Ryan for a presentation on the update of property values for 2016. This is a meeting that was scheduled for last week and was cancelled due to the weather. The meeting will take place in Rutherford Hall in Village Hall. ******** Managers Comments None. ******** Public Comments Robert Harrison, 65 Fox Meadow Road, noted a Finance Committee meeting was held earlier this evening and 2015-2016 Budget was presented. Village Manager Gatta and his staff has done an excellent job with this proposed budget in coming under the tax cap. Village Board of Trustees 03-10-2015 P a g e | 90 Mr. Harrison noted that there are many potholes in the Village and something should be done about it. There is nothing in the proposed Capital Budget to resurface roads. He noted that he has mentioned this before, but the Village should consider doing a bond for road resurfacing in the community – perhaps $5 million which might cover 10-15 miles of road in the Village. He noted he had an instance adjacent to 7 Fox Meadow Road – there is a cut across the road due to work by Con Edison and there is a pothole that a tire would fit into. You can’t see it in the dark – although Con Edison should fix it, perhaps the Village should and send them the bill. We have to think about the safety of our community. Perhaps the next Board will consider a bond issue for resurfacing roadways while the interest rates are still low. Regarding the 2016 Revaluation, Mr. Harrison thanked the Mayor for announcing a meeting scheduled for Tuesday, March 17th at 7:30 p.m. at which time J.F. Ryan will make his presentation concerning the revaluation he will conduct. He hoped that the meeting will be videotaped. Mr. Harrison noted that in all the discussions he has had with residents during the past month, he has found no one who feels the Village should spend $245,000 for another revaluation. We should wait four years until the next revaluation. Mr. Harrison urged the Board to read the 2014 contract that J.F. Ryan and Associates had for the monitoring of the 2014 Revaluation. If Mr. Ryan thought that it wasn’t being done correctly at that time he should have said something. Mr. Harrison stated that he felt very strongly that this is a waste of taxpayer money and the money should be spent on road repair as most of the emails the Board received opposing the 2016 revaluation suggest. Mayor Steves stated that with respect to potholes, the Village is aware of the condition of the roads and not only with the freezing and thawing but with the continual plowing of the roads. He urged the community to call or email Public Works if a pothole is identified that needs to be dealt with. The Village will continue to fund roads at a level that is consistent with staying under the tax cap. With respect to the revaluation meeting, Mayor Steves stated that it will be videotaped from Rutherford Hall. As there were no further comments offered by the public, Mayor Steves closed the public comments portion of the meeting. ******** Public Hearing Trustee Lee introduced and opened the public hearing scheduled this evening to consider an amendment to Local Law #2, 2015 regarding a moratorium on certain applications involving gravel surfaces to the Planning Board, Board of Appeals, Board of Architectural Review, Building Department and Engineering Department. Trustee Lee explained that this amendment would exempt from the moratorium building Village Board of Trustees 03-10-2015 P a g e | 91 projects involving gravel surfaces that would otherwise be covered by the moratorium but where the application for the project was 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. Trustee Lee requested public comment at this time. Matthew Miller, 8 Roosevelt Place, stated that he is a developer in Scarsdale and said that if the Board is moving forward with the exemption for the existing applications that are already approved, he does not have any comment. However, if the Board does not approve this amendment, he has a lot of opinions. Trustee Brodsky informed Mr. Miller that the Board is moving forward with adopting this Local Law. Mr. Miller stated that this is what he thought, he has an approved existing application. Trustee Brodsky noted that this amendment is a correction. Trustee Lee moved to close the public hearing and moved to adopt Local Law #6, 2015 to amend Local Law #2, 2015, regarding a moratorium on certain applications involving gravel surfaces to the Planning Board, Board of Appeals, Board of Architectural Review, Building Department and Engineering Department, approved by the vote indicated below: INTRODUCTORY LOCAL LAW# 6 OF 2015 A LOCAL LAW AMENDING LOCAL LAW #2 OF 2015 REGARDING THE MORATORIUM ON CERTAIN APPLICATIONS TO THE PLANNING BOARD, BOARD OF APPEALS, BOARD OF ARCHITECTURAL REVIEW, BUILDING AND ENGINEERING DEPARTMENTS BE IT ENACTED by the Board of Trustees of the Village of Scarsdale Section 3 of Local Law #2 of 2015, entitled Scope of Controls is hereby amended to read as follows: SCOPE OF CONTROLS Section 3. During the effective period described in Section 7 of this Local Law, under the zoning and other provisions of the Scarsdale Village Code, the Planning Board, Zoning Board of Appeals, Board of Architectural Review, Building and Engineering Departments shall not review or grant approval of any application that includes a proposed gravel surface when such application uses any portion of the proposed gravel surface to meet existing lot coverage requirements under the Scarsdale Village Code. Except that any application that has received approval from the Planning Board, or the Board of Appeals, or the Board of Architectural Review, or a stormwater erosion control permit from the Village Engineer, or a building permit Village Board of Trustees 03-10-2015 P a g e | 92 from the Building Inspector prior to February 10, 2015 shall be exempt from the provisions of local law #2 of 2015. Applications for additions or renovations to a house on a property with an existing gravel surface shall also be prohibited from review and approval by the Planning Board, Zoning Board of Appeals, Board of Architectural Review, Building and Engineering Departments, when the gravel surface is counted as an impervious surface and the property’s impervious surface exceeds existing lot coverage requirements under the Scarsdale Village Code. Except that any application that has received approval from the Planning Board, or the Board of Appeals, or the Board of Architectural Review, or a stormwater erosion control permit from the Village Engineer, or a building permit from the Building Inspector prior to February 10, 2015 shall be exempt from the provisions of local law #2 of 2015. Applications with existing or proposed gravel surfaces that are treated as impervious surface and meet existing lot coverage requirements are not affected by this temporary moratorium. All applicants who include gravel surfaces for land use review and approval from the Planning Board, Zoning Board of Appeals, Board of Architectural Review, Building and Engineering Departments shall submit at the time of application a supplemental lot coverage form that counts the gravel surface as impervious. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State and shall be in effect until June 30, 2015. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Finance Committee Upon motion entered by Trustee Martin, and seconded by Trustee Samwick, the following resolution regarding Acceptance of Gifts for Implementation of the Scarsdale Public Library Master Plan was adopted by a unanimous vote: Village Board of Trustees 03-10-2015 P a g e | 93 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, inviting and 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 December 10, 2013, attached; and WHEREAS, as a result of the capital campaign fund raising efforts, Steven and Barbara Kessler have donated the sum of $75,000 to the Friends of the Scarsdale Library to be used to pay a 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; and WHEREAS, in keeping with the Kessler’s wishes, the Friends of the Scarsdale Library has offered to donate the gift of $75,000 to the Scarsdale Public Library Master Plan Capital Improvement Project; and WHEREAS, the E Wachs Family Foundation has also offered to donate a gift toward the Scarsdale Public Library Master Plan Capital Campaign in the amount of $30,000 in memory of Elise Maas; and WHEREAS, pursuant to Policy #103: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all Village Board of Trustees 03-10-2015 P a g e | 94 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 $75,000 from Steven and Barbara Kessler through the Friends of the Scarsdale Library and the gift of $30,000 in memory of Elise Maas from the E Wachs Foundation, 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 herein take the necessary steps to complete the transaction and accept these financial gifts of $75,000 and $30,000 and deposit in the Library Capital Campaign Account; and be it further RESOLVED, that the Board of Trustees hereby extends their heartfelt thanks and great appreciation to Steven and Barbara Kessler, the Friends of the Scarsdale Library, and the E Wachs Foundation for these generous gifts to the community. ******** Before the vote on the above resolution, Trustee Brodsky pointed out in connection with accepting these wonderfully generous gifts, that these gifts are the beginning of a process that the library is undertaking which is unprecedented for our Library in this community. This is an enormous fundraising campaign to finance very extensive renovations and changes to the library to really make it a library of the 21st Century. These gifts were the result of a lot of work to create a fundraising structure. This is not like giving a gift to public radio or to a hospital where people have a history of giving in large numbers and they can be returned to and tapped into. Our community is used to giving a very modest gift every year; perhaps to the Friends of the Library, and that has been great and has shown support in the community. What the Library is looking for at this point is a very different kind of support from the community – real generosity, real commitment to helping develop our Library which is the central place in our community, and help them go forward and build the Library that our community wants and has said they wanted. The Master Plan that was developed came directly from interviews and focus groups and input from the community. Everyone will be hearing more about this fund raising campaign over the next several years. The Village has, in principle, agreed to match $4.5 million dollars raised from the community. The project will, if all goes well and the fund raising is what it should be, more than a $9 million dollar project. So really, the Library is looking for the community to donate more than $4.5 million dollars. As the community listens to the Village Board accept these wonderful and extraordinary gifts, really the Library and the entire Village is asking the residents to think what the Library means to them, means to the community and having thought about that, respond when the campaign becomes public. ******** Village Board of Trustees 03-10-2015 P a g e | 95 Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Phase II Design Services – Scarsdale Public Library Master Plan was adopted by the vote indicated below. Mayor Steves recused himself from the vote on this matter in light of significant role in this campaign after is Mayoral term is finished on April 6th. 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 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, inviting and 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 December 10, 2013, attached; and WHEREAS, on September 11, 2014 the Village sent out a Request for Proposal (RFP) for Phase II Design Services, to evaluate, refine and further develop the master plan and includes performing pre-schematic design, schematic design, design development, construction bid document preparation services and bid analysis; and WHEREAS, the Phase II Design Services RFP required that the design be separated into three segments so the Village has the flexibility to construct the improvements as funds are generated through the capital campaign; and Village Board of Trustees 03-10-2015 P a g e | 96 WHEREAS, on October 17, 2014 six proposals were received of which five firms were interviewed by the project team which consisted of Village Hall staff, Library Director and Library Board Members; and WHEREAS, at their meeting on December 8, 2014 the Scarsdale Public Library Board approved the selection of Dattner Architects, New York, NY (Dattner) pending the successful contract negotiation by Village Hall staff and Village of Scarsdale Board of Trustees agreement authorization; and WHEREAS, the fees submitted by Dattner were as follows: Pre-schematic design,$56,495; Schematic design, $244,321.36; Design development, $368,475.78; Construction documents, $541,782.48 and Bid services for segment one construction, $44,303 for a total design fee of $1,255,377.62, which is approximately 11.5% of the $12,000,000 construction cost estimate; and WHEREAS, Dattner submitted a Standard Form of Agreement between Owner and Architect which Wayne Esannason, Village Attorney, and Village staff reviewed and staff believes the agreement as revised is fair for both parties and only obligates the Village to pay for services that are completed; and WHEREAS, the capital campaign has to date generated $330,000 which will allow for the funding and completion of the pre-schematic and schematic design for all three segments for a total of $300,816.36; and WHEREAS, at the completion of the schematic design phase a pause of 180 days is included in the agreement to allow the Village to secure the necessary funds to commence and complete the remaining design services which include design development and construction documents for all three segments, and bid analysis for segment one only; now therefore be it RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to execute a professional services agreement in substantially the same form as attached hereto, on behalf of the Village of Scarsdale with said Dattner Architects, 1385 Broadway, New York, NY 10018, with funding approved for pre-schematic and schematic design phases for all three segments in the amount of $300,816.36; and be further RESOLVED, that the pre-schematic and schematic design work for the three segments be funded utilizing the available funds generated by the project capital campaign, and be it further RESOLVED, that the Village will not proceed with design development, construction documents and bid analysis for any of the segments until the necessary funds are secured through the capital campaign and upon authorization of the Village Board of Trustees. Village Board of Trustees 03-10-2015 P a g e | 97 AYES NAYS ABSENT RECUSED Trustee Brodsky None None Mayor Steves Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern ******** Trustee Lee noted that he would like to make a comment concerning the prior resolution which the $30,000 gift was honor of a name that was spelled in two different ways and recommended that the correct spelling of the name be obtained. Mayor Steves thanked Trustee Lee and noted that although that does not affect the validity of the resolution, in all due respect of the Foundation, this will be corrected. ******** Recreation Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding the Renewal of Preferred Source Contract Village Properties: Applications and Special Services was adopted by the vote indicated below: WHEREAS, On March 26, 2014, the Village entered into a New York State Preferred Source Agreement with New York State Industries for the Disabled and their lawn care service provider Alternative Earthcare Tree and Lawn Systems, 1 Jem Court, Bayshore, NY 11706 for Village Properties: Applications and Special Services; and WHEREAS, the contract provided for specialized organic care maintenance services to athletic fields and other municipal properties, including fertilization, aerating, seeding and other organic application for turf; and WHEREAS, the contract was for one year that began April 2014 and ended March 2015, and; WHEREAS, New York State Finance Law, Article XI, Section 162 mandates that a right of first refusal to supply service be given to a New York State Preferred Source Offering; and WHEREAS, New York State Preferred Sources were statutorily created to advance certain social and economic goals. All State agencies, political Village Board of Trustees 03-10-2015 P a g e | 98 subdivisions and public benefit corporations are required to purchase approved products and services from preferred sources in accordance with the procedures and requirements described in the Preferred Sources Guidelines; and WHEREAS, purchases for Preferred Sources take precedence over all other sources of supply and competitive procurement methods if the services available in the form, function and utility required by a State agency, political subdivision are met; and WHEREAS, the Preferred Sources list Section D-Services indicates that New York State Industries for the Disabled is a preferred source offering for grounds keeping and lawn maintenance; and WHEREAS, the Village was satisfied with the services provided by the New York State Industries for the Disabled and Alternative Earthcare Tree and Lawn Systems in 2014 and all contract requirements were met; and WHEREAS, the Village entered into exclusive negotiations with New York Industries for the Disabled according to New York State Preferred Source Guidelines to perform the scope of services identified in the Village contract entitled; Village Properties; Applications and Special Services; and WHEREAS, the Village negotiated a one year annual price of $49,900 with New York State Industries for the Disabled which will run from April 2015 to March 2016; now therefore be it RESOLVED, that the Village enter into a New York State Preferred Source agreement with New York State Industries for the Disabled to provide services as identified in the Village contract entitled; Village Properties: Applications and Special Services, in the amount of $49,900 for a one year term beginning April 2015 and ending March 2016, subject to the availability of adequate budget appropriations; and be it further RESOLVED, that service for Village Properties: Applications and Special Services, will be performed by Alternative Earthcare Tree and Lawn Systems, 1 Jem Court, Bayshore, NY 11706, operating as an affiliate of New York State Industries for the Disabled; and be it further RESOLVED, that the Village Manager is herein authorized to execute the New York State Preferred Source Agreement for Village Properties: Applications and Special Services, on behalf of the Village of Scarsdale, with said New York State Industries for the Disabled; and be it further Village Board of Trustees 03-10-2015 P a g e | 99 RESOLVED, that the cost of Village Properties: Applications and Special Services be charged accordingly to the General Fund Operating Budget Account # A- 7020-PARKS-MAINT-400 499. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Other Committee Reports None. ******** Liaison Reports Trustee Pekarek stated that she would like to make an announcement about the Scarsdale Leaf Mulching Education Panel which will be presented at the Scarsdale Library on March 18th from 8:00 p.m. until 9:30 p.m. It will cover what leaf mulching is, if it works on your property, what the potential costs are and many questions that were derived from a survey that the Task Force put together and that our residents filled out will be answered. There will be presentations from Bellantoni Landscaping, Aesthetic Landscaping, Cornell Cooperative. She encouraged residents to attend and try to bring their landscaper or gardener. This will be videotaped and will be shown on the cable channel and on the Village’s website, www.scarsdale.com. Trustee Pekarek also reported that she has been following the Westchester County proposed draft legislation on a plastic bag ban and a polystyrene ban and the Board the Legislators will have another meeting on March 16th at 3:00 p.m. at the County offices where they will be receiving testimony from Dart, which is a Styrofoam company. They are continuing to gather information. She will continue to appraise the Board with any developments in this regard. Mayor Steves noted that there had been some question as to whether it was on record that the Board was in support of any particular legislation. At this point, he stated that he believed that the Board has sent an initial message that they support the general direction and the underlying environmental issues. The Board is waiting for the details of this specific legislation that the County is considering before they go on record in support any particular piece of Village Board of Trustees 03-10-2015 P a g e | 100 legislation. Legislation drafting can be fluid. Trustees Pekarek and Stern have stayed on this issue and reported to the Board; these issues will remain in front of the Board. ******** Written Communications Deputy Village Clerk Regazzi reported that twelve (12) written communications in opposition of the revaluation have been received since the last meeting from the following:  Richard Adelaar, 15 Fenimore Road & 36 Fenimore Road  Laurie Epstein, 32 Lawrence Road (2 communications)  Richard & Lois Garwin, 1 Christie Place  Richard Scott & Michelle Hirsh, 7 Pinecrest Road  Susan Levine, Ardmore Road  William Ortner, 44 Butler Road  Louis Rubins, 9 Westview Lane  Zel Rubins, 9 Westview Lane  Anne Schager, 58 Garden Road  Adie Shore, 8 Oakstwain Road  Miajing Zhu, 112 Brown Road ******** 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 8:36 P.M. Donna M. Conkling Village Clerk