Board of Trustees

Village Board of Trustees 06 -09-2015 209 THREE THOUSAND TWO HUNDRED THIRTY-THIRD REGULAR MEETING Rutherford Hall Village Hall June 9, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, June 9, 2015 at 8:00 P.M. Present were Mayor Mark, Trustees Callaghan, Finger, Lee, Pekarek, Samwick and Stern. Also present were Village Manager Pappalardo, Village Attorney Esannason, Deputy Village Attorney D’Andrea, Village Treasurer McClure, and Village Clerk Conkling. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, May 26, 2015 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Lee, and carried unanimously. ******** Bills & Payroll Trustee Samwick reported that he had audited the Abstract of Claims dated June 9, 2015 in the amount of $443,963.87 which includes $12,937.17 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 Samwick and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated June 9, 2015 in the amount of $443,963.87 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 $565,650.43 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 Lee, the following resolution was adopted unanimously: Village Board of Trustees 06 -09-2015 210 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $565,650.43 is hereby ratified. ******** Mayors Comments Mayor Mark stated that he has only one comment this evening and that is to welcome Village Manager Steve Pappalardo to the dais. He stated that it is a pleasure to have him seated at his left. He noted that they all miss Mr. Gatta greatly, but they are very eager and pleased to have Mr. Pappalardo sitting with the Board as Village Manager this evening. ******** Managers Comments Village Manager Pappalardo stated that he had no comments other than to thank the Mayor for his kind words and stated that he is looking forward to serving the Board and the Village of Scarsdale. ******** Public Comments Phyllis Finkelstein, 41 Fenimore Road, introduced herself and her neighbor, Julia Zimbalist of 9 Dobbs Terrace. Ms. Zimbalist submitted papers to the Clerk for distribution to the Board regarding lead and asbestos exposure and remediation measures associated with these materials. Ms. Finkelstein explained to the Board that the house that sits between her and Ms. Zimbalist’s homes at 5 Dobbs Terrace is going through a major renovation. She stated that they are both very concerned with the kind of environmental contaminates that may be contributing to important developmental delays such as autism, etc. Because the house at 5 Dobbs Terrace was built in 1914, it is very possible the house contains lead based paint. When this kind of renovation takes place, small fragments and particles of lead are released into the air and becomes an airborne poison. Ms. Finkelstein stated that both she and Ms. Zimbalist confronted the contractor about this as they kept finding debris on their properties. She asked him if he was a lead abatement specialist, to which he replied in the affirmative. He said he would keep the windows closed, which hasn’t been done. Whenever she has called the building department, she hasn’t been able to get a real response. Village Board of Trustees 06 -09-2015 211 She and Ms. Zimbalist brought a lead testing kit to their properties, found fragments and tested them for lead. Not all of them had lead, but some of them did. Therefore, she felt that they proved that there is lead contamination from this renovation. She passed around the testing containers to the Board members at this time. Ms. Finkelstein also noted that it is common that an older home would have asbestos between the aluminum siding and the shingles. Asbestos is a known carcinogen and is a problem if the fibers become airborne. She stated that she and her neighbor have concerns because of the manner in which this renovation has taken place that it is possible there is contamination from asbestos fibers as well. Ms. Finkelstein stated that she does not understand why the Village Building Department is not monitoring these kinds of renovations in homes of this age. The Village should be inspecting for asbestos and lead and contractors should absorb those costs. If the substances are found upon inspection, proper abatement should be undertaken. Ms. Finkelstein stated that there is a lot of debris from this renovation in her plant bed and debris on her driveway. The contractors also drive over her Belgian block border. She has called the police three times and they don’t consider this to be criminal. Ms. Zimbalist also spoke, stating that she was unaware that the renovation was going to take place over a period of seven days per week for the entire summer. This means that she cannot use her property due to the plumes of dust emanating from the construction site. She is concerned about the particles in that dust and how it will affect her health as well as her children’s health, and the health of the entire block. Her neighbors have moved for the entirety of this renovation. Ms. Zimbalist continued, stating that there is an additional concern in that there are so many large vans and trucks traveling back and forth to the site. Dobbs Terrace is a very narrow street, so the children generally play outside on the street. But now there are no children playing outside. They cannot make use of their properties due to the hazardous waste coming off of this construction site. She noted that most of the work was done over Memorial Day weekend and she felt this was due to the fact that the contractor was well aware that the Building Department would not be available over the holiday weekend to inspect or to receive calls. That is a matter that needs to be addressed by the Village. The Village should request that all work being done on properties that may have hazardous materials must have a plan in place prior to the approval of a renovation and permits issued. There must be accountability on the part of the property owner and the contractor. Ms. Zimbalist stated that she moved to this Village so that her children could attend the Scarsdale Schools and they have been thrilled with the schools. Her children have thrived here. But if her son contracts lead poisoning or inhales asbestos, his ability to make use of his Scarsdale education will be severely limited. It makes no use to provide a top education if we can’t insure the safety of our children. Village Board of Trustees 06 -09-2015 212 Trustee Stern stated that it is his understanding that when a house is sold in the Village, either there is a certification that any asbestos has been contained or there is some undertaking about asbestos in the home. Ms. Finkelstein stated that she didn’t think there was any visible asbestos but that there had been a hazmat team there that had gone in and removed material in bags. Ms. Zimbalist stated that the point here is that when a renovation begins, it is unknown what will be found and what might be exposed in houses of a certain age. Therefore it would be essential to have a plan in place before the renovation begins. Mayor Mark noted that he appreciated the comments made and the seriousness surrounding the issues and he was glad that this was brought to the Board’s attention. He asked the Village Manager to talk to the Building Department and put together a briefing packet for this Board so they understand what the procedures are and the enforcement of the procedures. They will let the Board know what is currently in place so the Board can reflect on what, if anything, should be done about the type of serious issues raised this evening. Trustee Stern asked Ms. Finkelstein and Ms. Zimbalist if they have had their children tested for lead poisoning. Ms. Zimbalist stated that she did but they are still waiting for the results. Ms. Zimbalist stated that it would also be helpful to come up with a plan to clean up the area as the soil has been exposed. Trustee Finger stated that in additional to the generalized procedures that staff will forward to the Board for review, it would be helpful to note that the Building Department is aware of this situation and that they follow whatever procedure is in place to deal with the complaints and address them, if that is what needs to be done. Jeremy Gans, 45 Harvest Drive, spoke in regard to the resolution on the agenda this evening to set a public hearing to extend the moratorium on certain applications before the Land Use Boards in consideration of gravel as an impervious surface substance. He stated that he may not be able to attend the public hearing scheduled for June 23rd so he would like to speak on this issue this evening. Mr. Gans stated that in the first sentence of the legislative intent section that accompanied the moratorium that is currently in effect, it stated that the Board was responding to concerns in regard to the bulk residential homes. The effect of the moratorium currently in place and the potentially the law, if adopted goes far beyond that. This denies residents the ability to offset the addition of a pool, a larger patio, etc. that would not be visible from the street and not add to the bulk of the home itself by replacing a paved driveway with pervious gravel. This law reduces the value of many existing homes as many people buy their homes and desire to improve their property in one way or another. Village Board of Trustees 06 -09-2015 213 Mr. Gans also stated that he looked at the preliminary report submitted by Frederick P. Clark Associates who were retained by the Village to provide a study on this issue. In the report, Frederick P. Clark notes that Scarsdale is the only municipality surveyed other than Tarrytown that defines gravel as a pervious substance. What they don’t say is that Scarsdale and Tarrytown are the only towns at all with a definition of pervious. Frederick P. Clark also recommends the adoption of the current storm water runoff definition in the Code to replace the conflict that is in effect. Scarsdale is one of only 3 Towns of the 23 that were surveyed that explicitly considers gravel to be impervious. Mr. Gans stated that the moratorium in effect is over broad and unwise because it denies property owners of the rights that they have had for many years. Adrienne Price, 4 Herkimer Road, noted that she had come before the Village Board in January with concerns about the demolition and construction; particularly the changes to the topography taking place adjacent to her home and the non-adherence to approvals from the Board of Architectural Review (BAR). The site was not developed as approved; it was raised 2-4 feet and the Village refused to enforce the approved development plan. She discussed other plans the developer brought before the BAR to remove a small retaining wall around the rear patio and the insertion of retaining walls along the side borders of the neighboring property. Those retaining walls will hold the elevation of the rear yard behind the new house. The BAR had voted against this landscaping plan. The Village did not enforce the original plan and the site remained in its altered state. Ms. Price stated that the developer returned to the BAR with the same landscape plan in December 2014. She asked the BAR to vote against the plan. The BAR voted to approve the application setting the stage for the retaining walls to be put in and legalizing changing the site. However, the site did not comply with the approved plans and the Village did not enforce the plans. She stated that she hired a landscape architect to work on a plan to elevate her property to mitigate the impact of the new house. To do this work and bring in plantings for screening will cost her over $100,000. Tomorrow evening the Board of Appeals will hear an application to install a pool in her neighbor’s rear yard. Although she doesn’t object to a pool, the application shows the site as it currently exists, not as it was approved. This presents a condition she cannot remedy with any amount of money. There are many deficiencies with the application. It appears the site will have to be elevated further to accommodate the pool. Ms. Price asked that the Village protect the residents through enforcement of approved plans otherwise the system has no integrity. Mayor Mark stated that the Board is aware from the emails Ms. Price has sent and from discussions with the Village Manager of the issues that she is referring to. He stated Village Board of Trustees 06 -09-2015 214 that the type of questions that she is raising are questions that Village Boards have wrestled with over the years. He does not see any easy answer to the type of questions that she has raised because as he understands it, what goes on in front of the BAR is some balancing of equities there in terms of what property owners are entitled to do and what neighbors expect in regard to protection. He noted that he does understand the issues that she is raising in her particular case and she is absolutely right to raise them. However, he again stated that he did not have an easy answer for her other than to say that this Board is aware of those issues, and perhaps they will have an answer in the future but most likely not soon enough to help her with her problem. Ms. Price responded that tomorrow night there is the chance to not increase the damage and create a burden on her property. She stated that up to this point the Village has not enforced any of the approvals or changed any of the construction that has been done without approvals, so she hoped that tomorrow night the Village will insure that her property is not further burdened. Mayor Mark replied that he can’t say what the Village will insure in terms of what the Board of Appeals will do. They are a statutory Board that is quite separate from the Village Board. Under the law, this Board is statutorily barred from interfering with what that Board will do. She can appear and say what she needs to say, but this Board is not allowed to control what that Board does. Trustee Stern stated that the Building Department would have some kind of enforcement ability. If this property was built in the way Ms. Price depicts it, it was not built as initially approved. He asked why the Village isn’t using its enforcement capability. Village Manager Pappalardo stated that what the Mayor suggested about the independence of the Village’s Land Use Boards is an important fact in this case. The Zoning Board of Appeals is going to make their decision tomorrow relative to the swimming pool and the ancillary requirements that go with that. Ms. Price mentioned earlier that the BAR made some modifications to the elevations in the rear of that property allowing for the elevations to be raised and the removal of some steps to a patio and the retaining wall that was there in favor of some perimeter retaining walls. The Village staff has an obligation to enforce whatever plans are approved by the BAR and all the Boards. In this case, based on that change that was made at that time the stormwater plan for that project was also modified and the elevations were changed. As far as he understands it, Village Manager Pappalardo stated that in his discussions with the staff, the actual flow of stormwater did not changed based on those elevation changes and that the applicant is going to be required to prepare an as-built drawing and show the project as it is actually completed and the final grades in place; they have an obligation to meet the elevations in the approved stormwater plan. That is where the elevations are set. This particular storm water plan was revised and may be revised again depending on what happens at the Board of Appeals meeting on Wednesday night regarding the proposed pool. Ms. Price and her engineer had an opportunity to review that Village Board of Trustees 06 -09-2015 215 stormwater plan and make some comments and he believes that some modifications were made to that plan as a result. The Village does have to wait until the project is complete to make sure that they have complied with the storm water plans and all the other approvals. During the course of construction there may be temporary situations where they may not necessarily be in compliance and there may be many reasons why those temporary situations are allowed by the staff. However, he did take homage that it was said multiple times this evening that the Village staff ignored and did not do the proper oversight and compliance with what was approved. There has been a lot of discussion with Ms. Price and the staff and he knows the staff has tried as hard as they can to appease her with the balance between her concerns as the abutting neighbor and the rights of the property owner to build. Whatever decisions are made by the Board of Appeals, the staff will enforce them. Trustee Finger stated that he agrees that the Zoning Board of Appeals and the BAR have to be independent; they have to make decisions and those decisions should be respected by the Village Board as well as the staff. He stated that he believed the Board will be having further discussions on these issues; not just based on Ms. Price’s correspondence but in more general terms so that the Board can understand some of the interplay between for instance, the BAR approving certain elevations and then certain items being added and the storm water plans changing and the perhaps a question of what the appropriate elevation is based on either the storm water or the BAR’s approval, etc. He stated that he would like to understand more about that. There may not always be an agreeable result but you want to have a reliable process. Ms. Price stated that what was built was never what was approved and never conformed. As a resident you have a right even when you lose to depend on that what is agreed upon and what’s approved happens. Village Manager Pappalardo stated that he doesn’t disagree with that; however, during the course of construction there are certain field conditions that occur that might require some modifications and there is a certain amount of discretion that is provided to our professionals to make those changes. In this particular case, he would need Ms. Price to discuss this further with him and to show him what it is she is talking about in particular. Ms. Price stated that she does understand that things happen during construction, but 10,000 sq. ft. is roughly a ¼ of an acre and is not typically raised in the course of construction. She felt that there is no reliability to the system. In regard to the application before the Zoning Board of Appeals for the proposed pool, she stated that this is an impossible situation for a neighbor to elevate. She objects to the hardships that are constantly pushed off to the neighbors in this case. Ms. Price asked any Trustee that if they agree with her tonight, to please attend the Board of Appeals meeting and speak on her behalf. Mayor Mark stated that it is really not the role of the Village Board to take sides for one resident against another resident. Village Board of Trustees 06 -09-2015 216 As there were no further comments from the public, Mayor Mark closed the public comments portion of the meeting. ******** Mayor Mark Mayor Mark noted that the first resolution is a resolution that recites some of the history of Scarsdale. As some may know, this month of June marks the 100th Anniversary of the first meeting of the Village Board of the newly incorporated Village of Scarsdale on June 15, 1915. Upon motion entered by Mayor Mark, and seconded by Trustee Pekarek, the following resolution entitled “From Manor to Town; from Town and Village to Merged Village and Town”, was adopted by a unanimous vote: WHEREAS, Scarsdale has had a long, and storied history since the time Henry Hudson sailed up the Hudson River in 1609 and the rising of Scarsdale Manor in 1701 with a population of twelve; the evolution to a town during the revolutionary war with a population of about 260, but yet not convening the first town meeting until 1783; the incorporation as a Village in 1915 with a population of less than 3,000 managed by separate and distinct Town and Village governing bodies until the merger of the coterminous Town/Village of Scarsdale in 1930 with a single elected board governing and convening as both a Village and a Town; and WHEREAS, subsequent to the incorporation as a Village on May 24, 1915 and stimulated by a movement in White Plains and certain interests in the New York State Legislature to annex the northwest area of the town of Scarsdale, known as Greenacres, to the grand city to the north, an annexation bill was ominously adopted by the New State Legislature, which with good fortune and personal attentiveness, was vetoed by Governor Charles Evans Hughes; and WHEREAS, although the desire and appetite for swallowing Scarsdale continued unabated, the issue was finally put to rest in an election on May 24, 1915 when civic leaders and residents voted 142 to 39 in favor of incorporating as a Village, said action and result insulating the Town of Scarsdale under the rule of law from annexation, as the incorporation as a Village protected its independence, sovereignty and home rule authority which could not be taken by another community; and Village Board of Trustees 06 -09-2015 217 WHEREAS, it was not until 1930 that the Village and Town merged and became a jurisdiction governed as both a Town and Village with a single elected body comprised of the same officials which convened as separate Town and Village Boards to conduct the business and oversee both Village and Town functions under the statutory realm of an incorporated Village under New York State Law; now therefore be it RESOLVED, that it is considered important, proper and relevant for the Village Board of the Village of Scarsdale to recall and recognize the history of Scarsdale and its evolution from a Manor, to a Town, to a Town and Village and finally a combined Village/Town with a reform structure of government which has been nurtured and cared for by a committed and civic minded resident population. ******** Mayor Mark pointed out that in the lobby of Village Hall, there is a nice display of some artifacts from 1915; there are pictures of the first Board of Trustees and the original meeting minutes book. He thanked Linda Blair, B.K. Munguia, and Lisa VanGundy for their work putting that display together. He urged those coming to Village Hall to take a look at it. ******** Finance Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding the Levy of Village Taxes for 2015-2016 was adopted the vote indicated below: WHEREAS, Pursuant to the provisions of Section 17-1722 of the New York State Village Law, the Board of Trustees must levy Village taxes for the current fiscal year not later than the twenty-fifth day of June; and WHEREAS, in order to allow sufficient time to process the tax bills, it is necessary that the following resolutions be adopted at the June 9, 2015 Board of Trustees meeting: now therefore be it RESOLVED, that pursuant to Village Law Section 17-1722, there be levied and assessed against the taxable property in the Village of Scarsdale, as contained on the last completed single Village/Town assessment roll, the sum of $37,082,863, being the net amount to be assessed and collected in accordance with the 2015-2016 Budget adopted April 28, 2015, which sum together with the other revenues estimated in said Village Board of Trustees 06 -09-2015 218 budget shall be applied to the purposes set forth in said budget as follows: (SEE ATTACHED BUDGET SUMMARY); and be it further RESOLVED, that pursuant to Real Property Tax Law Section 1432 (1), the Village Treasurer is hereby authorized and directed to collect said amount; and be it further RESOLVED, that pursuant to Real Property Tax Law Section 1432 (2), the Board of Trustees hereby determines that on all such taxes remaining unpaid after August 1, 2015, a two percent (2%) penalty will be added for the first month and an additional one percent (1%) for each month or fraction thereof until paid; and be it further RESOLVED, that the Village Clerk shall cause to be published in the Scarsdale Inquirer notice of collection of the taxes levied herein. APPROPRIATIONS – GENERAL FUND GENERAL GOVERNMENT SUPPORT Village Court ………………… $504,336 Village Manager Department ………………… 1,032,586 Village Treasurer/Tax Collection ………………… 664,782 Village/Town Clerk ………………… 238,532 Human Resources ………………… 275,818 Law Department ………………… 477,921 Assessor Department ………………… 466,659 Information Technology ………………… 620,039 Planning ………………… 227,137 $4,507,810 PUBLIC WORKS Administration ………………… $449,652 Engineer ………………… 327,390 Facilities Maintenance ………………… 1,282,470 Highway ………………… 3,390,532 Sanitation ………………… 2,344,845 $7,794,889 PUBLIC SAFETY Police Department ………………… $6,626,099 Fire Department ………………… 6,077,685 Building Inspection ………………… 568,388 $13,272,172 Village Board of Trustees 06 -09-2015 219 PARKS AND RECREATION Administration ………………… $581,295 Youth Camps ………………… 733,356 Nature Center ………………… 63,720 Facilities ………………… 470,827 Recreation ………………… 568,622 Senior Citizens ………………… 52,915 Tennis ………………… 319,062 $2,789,797 NON-DEPARTMENTAL Human Services ………………… $532,652 Insurance Coverages/Telephone ………………… 956,080 Special Items/Contingency ………………… 949,921 Employee Benefits ……………….... 14,526,114 $16,964,767 DEBT SERVICE Serial Bonds Principal ………………… $1,157,380 Bond Anticipation Note Principal ………………… 520,000 EFC Contractual Bonds ………………… 60,000 Serial Bonds Interest ………………… 515,213 Interest on EFC Contractual Obligation ………………… 26,152 Bond Anticipation Note Interest ………………… 18,393 $2,297,138 INTERFUND TRANSFERS Library ………………… $3,730,964 Internal Service (Central Garage) ………………… 1,991,749 Capital ………………… 1,108,000 $6,830,713 TOTAL GENERAL FUND APPROPRIATIONS $54,457,286 ESTIMATED REVENUES – GENERAL FUND Real Property Tax Levy ………………… $37,082,863 Other Than Real Property Taxes ………………… 15,774,423 Use of Surplus ………………… 1,600,000 TOTAL GENERAL FUND REVENUES $54,457,286 STATEMENT OF ASSESSMENTS Real Estate ………………..$8,929,846,281 Special Franchise, Utility and Railroad ………………… 89,637,016 TOTAL ASSESSMENTS $9,019,483,297 Village Board of Trustees 06 -09-2015 220 AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Land Use Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding the Scarsdale Art Association – Art Show was adopted by a unanimous vote: WHEREAS, the Scarsdale Art Association has held an Annual Art Show in Chase Park for over 15 years and has filed a permit application (attached) to hold an Art Show in Chase Park on Saturday, September 12 and Sunday, September 13, 2015; and WHEREAS, the Scarsdale Art Association has furnished public liability insurance in a form and amount satisfactory to the Village Attorney naming the Village of Scarsdale as an additional insured against any and all claims, damages, or causes of action resulting from the use of Village owned land; and WHEREAS, upon completion of the event, the participants will restore all public areas utilized to the same condition as they existed before the Art Show; now therefore be it RESOLVED, that the Scarsdale Art Association is hereby authorized to utilize the Village-owned Chase Park for the purpose of holding the Art Show on Saturday, September 12 and Sunday, September 13, 2015; and be it further RESOLVED, that the Village Manager is authorized to execute the attached Village Event Permit form. ******** Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding the Peter C. Alderman Foundation Charitable Walk was adopted by a unanimous vote: Village Board of Trustees 06 -09-2015 221 WHEREAS, the Peter C. Alderman Foundation (PCAF) is a non-profit organization whose mission is to heal the emotional wounds of survivors of terrorism and political violence by training indigenous doctors and establishing clinics in post-conflict countries around the globe; and WHEREAS, the PCAF was established in 2003 as a living memorial to Peter C. Alderman, a life-long Scarsdale resident and 1994 Scarsdale High School graduate, who was tragically killed in the September 11, 2001 World Trade Center terrorist attacks while employed with Bloomberg LP; and WHEREAS, the PCAF has requested the use of certain Village sidewalks and roadways in the Fox Meadow neighborhood on Sunday, September 13, 2015 from 11:00 AM to 12:00 PM for the purpose of holding a charitable walk to benefit the PCAF; and WHEREAS, the PCAF has also requested use of the lower level parking lot at Village Hall on Sunday, September 13, 2015 from 10:00 AM to 4:00 PM as a staging and parking area; and WHEREAS, approximately 100 individuals are expected to participate in the walk which will commence at Village Hall and end at the Fox Meadow Elementary School where participants will attend a picnic on the school grounds, as coordinated and approved by the Scarsdale Board of Education; and WHEREAS, the walk will take place predominantly on existing Village walkways without the need to close any Village roadways while under the supervision of the Scarsdale Police Department; and WHEREAS, the PCAF shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department overtime, and provide a certificate of liability insurance naming the Village as an additional insured at limits approved by the Village Attorney, the receipt of which is herein acknowledged; now therefore be it RESOLVED, that the Village Board herein grants permission to the Peter C. Alderman Foundation to conduct a charitable walk on Village walkways and roadways on Sunday, September 13, 2015 rain or shine, in accordance with the route map attached hereto, and for the use of the Village Hall lower level parking lot for participant staging and parking purposes; and be it further Village Board of Trustees 06 -09-2015 222 RESOLVED, that the Village Manager is herein authorized to execute the attached Village Event Permit form. ******** Police Commissioner Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding Authorizing the Village of Scarsdale’s Participation in an Intermunicipal Agreement with the Town of Eastchester and the Villages of Tuckahoe and Bronxville to Form a Drug and Alcohol Enforcement Task Force and to Provide for a Joint Coverage Action Plan to Maintain Police Services was adopted by the vote indicated below: WHEREAS, the Scarsdale Police Department recognizes as part of its mission the need to address the problems of alcohol and drug abuse by underage individuals; and WHEREAS, underage drug and alcohol abuse often arises from the sale of drugs and alcohol to minors across jurisdictional lines; and WHEREAS, in furtherance of this mission, by resolution dated April 26, 2005, the Village Board of Trustees authorized the Village’s participation in an Intermunicipal Agreement (IMA) with the Town of Eastchester and the Villages of Bronxville and Tuckahoe to form a drug and alcohol task force known as BESTADE; and WHEREAS, under the terms and conditions of the IMA, the municipalities have committed police officers to conduct undercover operations aimed at the enforcement of drugs and alcohol related crime with money expended in conjunction with the task force equally charged among the participating municipalities; and WHEREAS, during the latter months of 2009, the Police Chiefs from the four participating jurisdictions met several times to discuss expansion of the IMA to include a Joint Coverage Action Plan (JCAP) that will provide the continuous police coverage to all four jurisdictions in the event that one or more of the jurisdictions are afflicted with the onset of a sudden illness or any other catastrophic event that grossly affects any of the four agencies’ ability to provide police services; and WHEREAS, the term of the original IMA was one year, with automatic renewals for successive one-year terms, but in order to incorporate the Joint Coverage Action Plan, a new IMA agreement has been prepared; and Village Board of Trustees 06 -09-2015 223 WHEREAS, the Joint Coverage Action Plan will allow the participating jurisdictions, including the Scarsdale Police Department, to meet the recommendations of the National Center for Disease Control for contingency plans to maintain continuous emergency police coverage in the event of an outbreak of an illness or catastrophic event that grossly affects the level of police coverage; and WHEREAS, the new agreement provides for a one-year term with five (5) additional one-year renewals while providing each participating municipality the ability to terminate their involvement upon thirty (30) days written notice to the other parties; and WHEREAS, the Chief of Police in accordance with the attached memorandum, has recommended that the Village of Scarsdale continue its participation in BESTADE through the execution of the attached IMA; and WHEREAS, the Village Attorney has reviewed the attached agreement and approved as to form; now therefore be it RESOLVED, that the Village Manager is hereby authorized and directed to execute an Intermunicipal Agreement, in substantially the same form as attached hereto, with the Town of Eastchester and the Villages of Bronxville and Tuckahoe to form a task force aimed at drug and alcohol enforcement, and to provide for a Joint Coverage Action Plan in the event that one or more TASK FORCE member agencies are afflicted with a sudden illness or catastrophic event that significantly depletes police manpower; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake any administrative acts required under the terms of the agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Village Board of Trustees 06 -09-2015 224 Law Committee Trustee Lee stated that this resolution calls for a public hearing on whether or not the moratorium relating to gravel surfaces that is currently in place will be extended for an additional four months. The moratorium is designed to give the Board a reasonable time to review the Planning Board’s recommendations that will be received regarding the treatment of gravel surfaces for lot coverage purposes. If the Board adopts the moratorium, it would prohibit any of the Land Use Boards or the Building and Engineering Departments from reviewing or approving building project applications that include proposed or existing gravel surfaces where the application uses any portion of the gravel surface to meet the Village’s lot coverage requirement. Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding Calling for a Public Hearing to Extend Local Law #2 as Amended by Local Law #6 Entitled 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 Tuesday, June 23, 2015, at 8:00 p.m. to consider a proposed local law extending Local Law #2 of 2015 as amended by Local Law #6 2015, a moratorium on certain applications to the Planning Board, Board of Appeals, Board of Architectural Review, Building and Engineering Departments, 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 Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding Acceptance of a Public Sanitary Sewer Line Easement at 36 Garden Road was adopted by the vote indicated below: WHEREAS, Avam Partners, LLC (hereinafter “Avam”) are the owners of certain Village Board of Trustees 06 -09-2015 225 real property located at 36 Garden Road, as shown on the official tax map of the Village of Scarsdale as Section 16, Block 01, Lot 21A; and WHEREAS, during the site plan review for a proposed new single-family home located on Avam’s lot, it was discovered that an eight inch (8”) public sanitary sewer line crosses through Avam’s property, said sewer line more accurately described in “Schedule A”, attached hereto, and depicted in “Schedule B”, also attached hereto; and WHEREAS, upon a search of both Village and County of Westchester records, it was discovered that an easement for the sanitary sewer line had not previously been dedicated to the Village of Scarsdale; and WHEREAS, Avam subsequently applied to the Village Planning Board to re- subdivide the property in order to relocate the property lot line with the adjoining property located at 28 Garden Road; and WHEREAS, the Planning Board, in a resolution dated December 10, 2014, approved the proposal to move the location of the property line, and as a condition of the subdivision, required that the applicant file an easement for the sanitary sewer line with the Westchester County Clerk’s office; and WHEREAS, the parties are now prepared to enter into a perpetual easement agreement to allow the Village to maintain the sanitary sewer line and appurtenances through the easement area, more accurately described in “Schedule A” and depicted in “Schedule B”; and WHEREAS, the Village Engineer has inspected the sanitary sewer line and has concluded that it is structurally sound, and that the sanitary sewer line conforms with the accompanying easement, as well as with the aforementioned “Schedule A” and “Schedule B”; now therefore be it RESOLVED, that pursuant to New York State Village Law §4-412(3)(1), the Board of Trustees of the Village of Scarsdale hereby accepts the dedication of the public sanitary sewer line, more accurately described in “Schedule A” and depicted in “Schedule B”, attached hereto and made part hereof, and be it further RESOLVED, that the Village Manager is herein authorized to execute any and all necessary documents, accepting the sanitary sewer line and the accompanying easement over said sanitary sewer line, more accurately described in “Schedule A” and depicted in “Schedule B”, and be it further Village Board of Trustees 06 -09-2015 226 RESOLVED, that the applicant, Avam Partners, LLC, or their representative shall record the offer of dedication and easement in the Office of the Clerk of the County of Westchester, Division of Land Records. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Personnel Committee Trustee Finger stated that he would like to move that the g resolutions on the agenda regarding “Authorization to Execute a Collective Bargaining Agreement with Civil Service Employees Association (CSEA), Local 1000 AFSCME, AFL-CIO, Westchester Local 860 Representing CSEA – Village Hall Employees”, and “Authorization to Execute a Collective Bargaining Agreement with the Civil Service Employees Association (CSEA) Library” be referred to the Personnel Committee, seconded by Trustee Pekarek and carried by a unanimous vote. Mayor Mark noted that a Personnel Committee meeting will be held on Tuesday, June 16th following the meeting of the Sustainability Committee at 6:00 P.M., at which time the Personnel Committee will discuss these two agreements. ******** Upon motion entered by Trustee Finger, and seconded by Trustee Pekarek, the following resolution regarding Establishing a Standard Work Day for Appointed or Elected Officials Participating in the New York State and Local Retirement Systems was adopted by a unanimous vote: WHEREAS, New York State Retirement and Social Security Law (“RSSL”) Section 334 requires the Comptroller to adopt rules and regulations, which shall have the force and effect of law, for the reporting of service and salary information for all employees of employers participating in the New York State and Local Retirement Systems (“NYSRS”); and WHEREAS, 2 New York Codes, Rules and Regulation (“NYCRR”) 315 was promulgated effective August 12, 2009 to further the intent of New Village Board of Trustees 06 -09-2015 227 York State RSSL Sections 34 and 334, which requires the reporting of service and salary information by employers participating in the New York State and Local Retirement Systems; and WHEREAS, 2 NYCRR 315 requires the establishment by Resolution for each elected or appointed office or position, the number of hours prescribed as a standard work day for each such elected or appointed office or position subsequent to being appointed or elected; and WHEREAS, the elected or appointed officials governed by 2 NYCRR 315 are all full time administrative employees and are identified in forms RS 2417-A and RS 2417-B, attached hereto and made part hereof; and WHEREAS, the Village of Scarsdale has utilized a standard seven (7) hour work day for all full time administrative, clerical and technical employees in calculating hourly rates and for reporting time to the NYSRS; now therefore be it RESOLVED, that the Village of Scarsdale Board of Trustees hereby recognizes a standard seven (7) hour work day for the Village Manager, Deputy Village Manager, Village Justice, Acting Village Justice, Village Attorney, Village Clerk, Deputy Village Clerk, Village Treasurer and Deputy Village Treasurer for the purposes of reporting time to the NYSRS pursuant to the referenced laws, rules and regulations. ******** Municipal Services Committee Trustee Stern stated that the following resolutions that the entire Village has been looking forward to; the resurfacing of the roads and he stated that it is a credit to the Village Manager, the Mayor, Superintendent of Public Works Benny Salanitro, and everyone else involved that this is getting done so quickly. Mayor Mark agreed. Upon motion entered by Trustee Stern, and seconded by Trustee Samwick, the following resolution Awarding VM Contract #1181 Proposal “A” Resurfacing Various Roads and Various Restoration Work was adopted by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 20, 2015 and notified eleven vendors of a contract for road resurfacing and various restoration work, pursuant to VM Contract #1181; and WHEREAS, on the bid opening date, June 4, 2015, four bids were received for Resurfacing of Various Roads and Various Restoration Work; and Village Board of Trustees 06 -09-2015 228 WHEREAS, the lowest responsible bid, meeting all specifications for Resurfacing of Various Roads, was received from Bilotta Construction Corp., 296 Purchase Street, Rye NY 10580, based on the unit bid prices identified for Items 1-10; and WHEREAS, Bilotta Construction Corp., has successfully performed roadway resurfacing for the Village in the past and has proven the ability to supply the required quantities of material; and WHEREAS, the contractor for the FY14/15 road resurfacing contract, Canal Asphalt Inc., is no longer in business, having failed to complete all the resurfacing work provided for in the Village contract, said contract with a current balance of $504,235 in available funding to be used to pave these same roads which have been added to VM Contract #1181; now therefore be it RESOLVED, that VM Contract #1181 Resurfacing of Various Roads and Various Restoration Work, be awarded to Bilotta Construction Corp., 296 Purchase Street, Rye NY 10580, at the unit bid prices itemized as follows: Bid Item 1 Asphaltic Concrete Wedge Course – $ 250.00 per ton; Bid Item 2 Asphaltic Concrete Wearing Course (NYSDOT specification #402.128102) – $ 117.96 per ton; Bid Item 3 Asphaltic Concrete Wearing Course (402.097202) - $ 135.00 per ton; Bid Item 4 Asphaltic Concrete Wearing Course (402.068101) - $ 150.00 per ton, Bid Item 5 Base Course (402.376902) - $ 245.00 per ton; Bid Item 6 Cold Milling - $ 3.79 per square yard; Bid Item 7 Resetting of Manhole Castings – $ 445.00; Bid Item 8 Resetting of Storm Catch Basin Castings - $ 525.00; Bid Item 9 Resetting of Water Valve Boxes - $ 60.00, Bid Item 10 Installing new manhole frame and castings - $ 465.00, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the contract work be charged to the available funding in the FY 2015/2016 Capital Account #H-5197-963 2016-055 ($480,000); available balances in Capital Account #H-5197-963 2015-055 ($504,235), resulting from the default of the contractor to complete the scope of services pursuant to VM Contract #1173 – Proposal “A”; and an appropriation of $550,000 from the General Fund Fund Balance to the FY2015/2016 Capital Account #H-5197-963 2016- 055-Road Resurfacing, in accordance with the Village Board’s April 28, 2015 resolution and accompanying February 6, 2015 memorandum from the Village Manager, attached hereto and made a part hereof; and be it further Village Board of Trustees 06 -09-2015 229 RESOLVED, that upon completion of the FY2014-2015 independent audit, $550,000 in anticipated balances, represented the funding utilized herein for road resurfacing in advance of the audit, shall fall to the General Fund Fund Balance to replenish this account; and be it further RESOLVED, that any funds subsequently appropriated in the FY 2016/2017 Capital Budget for road resurfacing and curbing shall be available to fund VM Contract #1181 during FY 2016/2017; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1181 Proposal “A” with Bilotta Construction Corp., 296 Purchase Street, Rye NY 10580, and to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Upon motion entered by Trustee Stern, and seconded by Trustee Samwick, the following resolution Awarding VM Contract #1181 Proposal “B” Installation and Resetting of Granite Curbing and Related Work FY 2015-16 was adopted by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 20, 2015 and notified eleven vendors of a contract for road resurfacing, furnishing and installation of granite curbs, and various restoration work, pursuant to VM Contract #1181; and WHEREAS, on the bid opening date, June 4, 2015, two bids were received for Proposal “B”: Installation and Resetting of Granite Curbing and Related Work; and WHEREAS, the lowest responsible bid, meeting the specifications for Proposal “B”: Installation and Resetting of Granite Curbing and Related Work, was received from Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, based on the unit bid prices identified for Items 1 and 2; and Village Board of Trustees 06 -09-2015 230 WHEREAS, Acocella Contracting Inc., has successfully performed granite curbing work for the Village in the past and has proven the ability to supply the required quantities of material; now therefore be it RESOLVED, that VM Contract #1181 Proposal “B”: Installation and Resetting of Granite Curbing and Related Work, be awarded Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, at the unit bid prices itemized as follows: Bid Item 1 New Granite Curbing - $ 24.50 per linear foot; Bid Item 2 Resetting Existing Curbing - $15.50 per linear foot, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the contract work be charged to FY 2015/2016 Capital Account H-5197-963 2016-055, and H-5197-963 2016-058; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1181 Proposal “B” with said Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, and to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution Awarding VM Contract #1181 Proposal “C” Roadway Patches and Restoration Work FY 2015-16 was adopted by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 20, 2015 and notified eleven vendors of a contract for road resurfacing, furnishing and installation of granite curbs, and various restoration work, pursuant to VM Contract #1181; and WHEREAS, on the bid opening date, June 4, 2015, two bids were received for Proposal “C”: Roadway Patches and Restoration Work; and WHEREAS, the lowest responsible bid, meeting the specifications for Proposal “C”: Roadway Patches and Restoration Work, was received from Village Board of Trustees 06 -09-2015 231 Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, at the unit bid prices identified for Items 1-9; and WHEREAS, Acocella Contracting Inc., has successfully performed roadway patch work for the Village in the past and has proven the ability to supply the required quantities of material; now therefore be it RESOLVED, that VM Contract #1181 Proposal “C”: Roadway Patches and Restoration Work be awarded to Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583, at the unit bid prices itemized as follows: Item 1 Remove temporary pavement - $ 48.00 per square yard; Item 2 Asphalt Roadway Patch Delamination Repair - $ 35.00 per square yard; Item 3 Provide all labor, equipment and material to place 6” high machine asphalt curbing – $ 12.00 per linear foot; Item 4 reset granite curbing – $ 12.00 per linear foot; Item 5 Supply and install granite curbing - $20.00 per linear foot; Item 6 Adjusting manholes to grade - $ 100.00 each; Item 7 Adjusting catch basins to grade - $ 150.00 each; Item 8 Adjust water valve boxes to grade - $ 50.00 each; Item 9 Furnish & setting water valve box adapters - $ 25.00 each, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the cost of same be charged to the FY 2015/16 Water Fund Operating Budget: EWS–8310–DSTRB–EXCAV–400 416; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1181 Proposal “C” with said Acocella Contracting Inc., 68 Gaylor Road, Scarsdale, NY 10583 and to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution Awarding VM Contract #1181 Proposal “D” Cured-in-Place Sewer Lining – FY 2015-16 was adopted by the vote indicated below: Village Board of Trustees 06 -09-2015 232 WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 20, 2015 and notified eleven vendors of a contract for road resurfacing, furnishing and installation of granite curbs, and various restoration work, pursuant to VM Contract #1181; and WHEREAS, on the bid opening date, June 4, 2015, one bid was received for Proposal “D”: Cured-In-Place Sewer Lining, pursuant to VM Contract # 1181; and WHEREAS, the lowest responsible bid, meeting specifications for Proposal “D”: Cured-In-Place Sewer Lining, was received from Green Mountain Pipeline Services, 244 Waterman Road, Royalton VT 05068, based on the unit bid prices identified for items 1 and 2; and WHEREAS, staff has reviewed the bid response, and spoken with references provided in the bid material, and has determined that Green Mountain Pipeline Services is capable of performing the work as described in the contract; now therefore be it RESOLVED, that VM Contract #1181 Proposal “D”: Cured-In-Place Sewer Lining be awarded to Green Mountain Pipeline Services, 244 Waterman Road, Royalton VT 05068, at the unit bid prices itemized as follows: Item 1 Lining of 6” – 8” pipe - $ 55.00 per linear foot; Item 2 Lining of 10” – 12” pipe – $ 65.00 per linear foot, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the cost of same be charged to FY 2015/2016 Capital Budget Account #H-8597-965 2016-013; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract # 1181 Proposal “D” on behalf of the Village of Scarsdale with said Green Mountain Pipeline Services, 244 Waterman Road, Royalton VT 05068 and to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark Village Board of Trustees 06 -09-2015 233 ******** Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution Awarding VM Contract #1181 Proposal “E” Sewer Cleaning and Televising Work – FY 2015-16 was adopted by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on May 20, 2015 and notified eleven contractors of the contract for Sewer Cleaning and Televising Work, pursuant to VM Contract #1181; and WHEREAS, on the bid opening date, June 4, 2015, one bid was received for Sewer Cleaning and Televising Work; and WHEREAS, the lowest responsible bidder, meeting the specifications for Sewer Cleaning and Televising Work was received from Green Mountain Pipeline Services, 244 Waterman Road, Royalton VT 05068, based on unit bid prices identified for Items 1 – 4; and WHEREAS, staff has reviewed the bid response, and spoken with references provided in the bid material, and has determined that Green Mountain Pipeline Services is capable of performing the work as described in the contract; now therefore be it RESOLVED, that VM Contract #1181 - Sewer Cleaning and Televising Work, be awarded to Green Mountain Pipeline Services, 244 Waterman Road, Royalton VT 05068, at the unit bid prices itemized as follows: Item 1 Cleaning of 6” – 8” pipes - $1.80 per linear foot; Item 2 Cleaning of 10” – 12” pipes - $1.80 per linear foot; Item 3 Cleaning of 15” – 18” pipes - $3.60 per linear foot; Item 4 Cleaning of 24” – 36” pipes - $9.00 per linear foot, based on estimated work quantities not to exceed budgeted appropriations; and be it further RESOLVED, that the cost of same be charged to a FY 2015/2016 Capital Budget Account #H-8120-965 2016-093; and #H-8120-965 2016-012, and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1181 on behalf of the Village of Scarsdale with said Green Mountain Pipeline Services, 244 Waterman Road, Royalton VT 05068 and to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Callaghan None None Village Board of Trustees 06 -09-2015 234 Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding an Authorization to Execute an Agreement for a Global Positioning Vehicle Tracking System was adopted by the vote indicated below: WHEREAS, the Department of Public Works (DPW), in conjunction with the Water and Recreation Departments, has been investigating the implementation of GPS vehicle tracking technology for use by first- line supervisors and senior level DPW management; and WHEREAS, the system provides real-time, actual location of all vehicles within 10 feet, and displays that information as an overlay over a Google Earth map, while additionally capturing vehicle speed and alerting supervisors when vehicles exceed the speed limit or sit idle for an extended period of time; and WHEREAS, this system will enhance the ability of DPW supervisors to better monitor departmental operations including fall leaf collection, snow and ice control, pothole repair, catch basin cleaning, as well as the efficiency of Sanitation collection routes, responding to calls from residents in reference to missed collections and increasing the ability of the Sanitation Route Foreman to quickly locate vehicles along the route. Supervisors can also refer to the system to dispatch the closest crew to trouble spots or respond to inquiries regarding the location of a vehicle as it pertains to a request for service; and WHEREAS, the Water Department and Recreation Department will have the ability to track their vehicles when performing meter reading services as well as other scheduled work to insure efficiency in their respective operations; and WHEREAS, several municipalities in the area are using a variety of GPS vehicle tracking vendors, and reporting results such as: increased productivity, up to a 20% reduction of fuel consumption and reliable information on crew location and work; and Village Board of Trustees 06 -09-2015 235 WHEREAS, Vehicle Tracking Solutions, LLC of Deer Park, New York, has provided a free trial of their GPS system in two Village DPW vehicles over the past three months, and staff has been very satisfied with the results and information provided by the system; and WHEREAS, based on the results of this test period, the Public Works Superintendent is desirous of installing the GPS system in many of the Highway and Sanitation Division vehicles, with the Recreation and Water Superintendents also eager to install the system in some of their operating vehicles; and WHEREAS, after investigating other available GPS vendor products, Vehicle Tracking Solutions is the recommended vendor based on their successful test period, their monthly fee which is 10-15% lower than the other vendors, their New York based headquarters and extensive experience with municipal fleet operations, and WHEREAS, the Metropolitan Transportation Authority awarded a three year contract to Vehicle Tracking Solutions in September 2013 pursuant to the scope of work provided for in RFQ #46823, attached herein, for the provision of GPS services in certain New York City transit vehicles at a monthly cost of $29.99 per vehicle; and WHEREAS, General Municipal Law §103(16) provides in pertinent part that “any officer, board or agency of a county, political subdivision ... authorized to make purchases of apparatus or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, as may be required by such county, political subdivision … through the use of a contract let by the United States of America or any agency thereof, any state or any other county or political subdivision … if such contract was let in a manner that constitutes competitive bidding consistent with state law and made available for use by other governmental entities”; and WHEREAS, New York City Transit (MTA) a political subdivision of the State of New York and City of New York, advertised for bids and awarded a three year contract to Vehicle Tracking Solutions in September 2013 pursuant to the scope of work provided for in RFQ #46823, attached herein, for the provision of GPS services in certain New York City transit vehicles at a monthly cost of $29.99 per vehicle for the lease of the system hardware and unlimited access to the software, with the vendor responsible for providing all available hardware and software upgrades; and Village Board of Trustees 06 -09-2015 236 WHEREAS, the aforementioned contract was let in a manner consistent with New York State competitive bidding laws and requirements, and is available to political subdivisions of the state, including the Village of Scarsdale; now therefore be it RESOLVED, that the Village Manager is herein authorized to enter into an agreement with Vehicle Tracking Solutions, 152 Veterans Memorial Highway, Commack, NY, pursuant to New York City Transit’s Contract No. RFQ 46823, in substantially the form as attached hereto, to provide the Village of Scarsdale with a Global Positioning Vehicle Tracking System for roughly 76 Village vehicles used in the Public Works, Water and Recreation Departments, at a monthly per vehicle cost of $29.99; and be it further RESOLVED, that the cost of the agreement be charged accordingly to the respective FY 2015-2016 operating budgets for said Public Works, Water and Recreation Departments; and be it further RESOLVED, that the Village Manager shall take all administrative acts associated with this agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Sustainability Committee Upon motion entered by Trustee Stern, and seconded by Trustee Samwick, the following resolution regarding Support of County-Wide Effort to Ban Single-Use Plastic Bags and Expanded Polystyrene Containers was adopted by a unanimous vote: WHEREAS, the Village of Scarsdale has a proud history of environmental stewardship led by the Village government, members of the Scarsdale community and Village civic organizations; and WHEREAS, non-biodegradable plastic bags are often discarded into the environment ending up in waterways, clogging sewers, endangering Village Board of Trustees 06 -09-2015 237 marine life and causing unsightly litter that are a potential source of harmful chemicals when broken down over time; and WHEREAS, the Westchester County Board of Legislators is considering an ordinance prohibiting the use of single-use plastic bags at the point of sale as well as expanded polystyrene containers, which do not decompose and account for a significant portion of the trash polluting local waterways, throughout the entire County and encourages utilization of reusable bags and other biodegradable products; and WHEREAS, an acceptable, standardized, regional County-wide policy regulating single-use plastic bag and polystyrene distribution at the point of sale is preferred relative to simplicity, understanding and modifications to operational practices by merchants and residents, rather than varying local legislation adopted by multiple municipalities; and WHEREAS, the efforts undertaken at the county level will have positive impacts for the County of Westchester as a whole and for the Village of Scarsdale; and WHEREAS, the Sustainability Committee of the Scarsdale Forum provided the Village Board with a report dated November 11, 2014 recommending the ban of single-use plastic bags at the point of sale as well as expanded polystyrene containers and has encouraged the Village Board to support the County of Westchester’s proposed draft legislation in concept; now therefore be it RESOLVED, that the Village of Scarsdale supports the County of Westchester’s efforts to adopt a comprehensive, fair and balanced local law for all stakeholders banning the use of single-use plastic bags and expanded polystyrene containers at the point of sale, said local law to be effective County-wide providing a standardized regional solution to the aforementioned environmental concerns with these products; and be it further RESOLVED, that the Village Clerk forward a certified copy of this resolution to the Clerk of the Westchester County Board of Legislators and the Westchester County Executive. ******** Village Board of Trustees 06 -09-2015 238 Other Committee Reports Trustee Stern reported that pictures of the Scarsdale High School Prom are now on the Scarsdale Public Television website. ******** Liaison Reports Trustee Stern reported on behalf of the Ad Hoc Committee on LED lighting, which was appointed by the Board of Trustees. This Ad Hoc Committee met last week with Benny Salanitro, Superintendent of Public Works who was making a presentation on behalf of DPW. The Board had allocated $25,000 to do a demonstration project and a test of LED lights in the Village in various neighborhoods. The meeting explored that possibility and where they might be located. They came to the conclusion that there must be more due diligence in terms of what is technically available on the market. Vendors should be given a chance to present their products and the Committee can learn what more of the possibilities might be. In a few months, DPW plans to go out to bid or to purchase several of each type of these lamps. There are three areas – primary roads, secondary roads, tertiary roads and distribute them in small amounts. Responses can be had from Village residents and those responses evaluate. Following that, plans can be made to do further testing of illuminating whole streets in certain neighborhoods and then making a plan to eventually install LED lighting in the Village. ******** Trustee Pekarek reported that last week Trustee Lee and Village Planner Liz Marrinan attended the Westchester Planning Association meeting where the Village received an award for the rain garden at the Scarsdale Library. Trustee Pekarek noted that the rain garden is powered by a small solar panel that generates a pump so that the water that is collected in the barrel is then distributed to the garden. There is a plaque and educational material in front of the rain garden. She encouraged residents to visit the site. Village Manager Pappalardo noted that 75% of the rain garden construction was funded by a grant. ******** Trustee Stern also reported that the comfort station to be constructed at the Scarsdale Middle School, funded by the Village and the School Board, will be very green. It will have solar electric and water and energy saving facilities. There will also be ample educational signage in connection with this facility. It will be a demonstration project of greening Scarsdale. Village Board of Trustees 06 -09-2015 239 Written Communications Village Clerk Conkling reported that one (1) written communications has been received since the last meeting:  An email from Susan Levine, Ardmore Road, regarding the importance of the local newspaper to Village residents. A response from Mayor Mark is attached. ******** Mayor Mark stated that in accordance with the Proclamation in honor of former Village Manager Alfred A. Gatta, the meeting will be adjourned in his honor; so moved by Trustee Pekarek, seconded by Trustee Lee and carried by a unanimous vote at 9:33 P.M. Donna M. Conkling Village Clerk