Board of Trustees

Village Board of Trustees 07-14-2015 261 THREE THOUSAND TWO HUNDRED THIRTY-FIFTH REGULAR MEETING Rutherford Hall Village Hall July 14, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, July 14, 2015 at 8:00 P.M. Present were Mayor Mark, Trustees Callaghan, Finger, Lee, Pekarek, Samwick and Stern. Also present were Village Manager Pappalardo, Deputy Village Manager Cole, Village Attorney Esannason, Village Treasurer McClure, Village Clerk Conkling, and Assistant to the Village Manager Ringel. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, June 23, 2015 were approved on a motion entered by Trustee Finger, seconded by Trustee Samwick, and carried unanimously. ******** Bills & Payroll Trustee Callaghan reported that he had audited the Abstract of Claims dated July 14, 2015 in the amount of $1,773,510.92 which includes $91,504.96 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 Callaghan and seconded by Trustee Samwick, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated July 14, 2015 in the amount of $1,773,510.92 is hereby approved. Trustee Callaghan further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $1,482,021.25 which were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Callaghan and seconded by Trustee Samwick, the following resolution was adopted unanimously: Village Board of Trustees 07-14-2015 262 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $1,482,021.25 is hereby ratified. ******** Mayors Comments Mayor Mark gave an update on road repaving and stated that this effort is moving forward. A resurfacing contract was awarded to a paving company at the June 9, 2015 Board of Trustees meeting. That contract will cover roads to have been repaved in 2014/15 but weren’t when that contractor declared bankruptcy. The balance of 2014/15 roads will be repaved as well as roads scheduled and budgeted for to be paved in 2015/16. That work should be ongoing during the summer months and into the fall. Mayor Mark next reported on the staircase at the northbound side of the Metro North Railroad Station. The staircase has been demolished. There are plans that have been drawn up for the replacement staircase and are being reviewed by Metro North – not for their approval but for their information as to what is intended to be connected to their platform. The Village is hoping that the review will be prompt and construction of the replacement staircase can begin in the fall. Regarding the Crane Road Bridge, Mayor Mark stated that there have been some notices in the media concerning the closure of the southbound exit on the Bronx River Parkway at Crane Road. The closure will be for approximately one month while repaving is done. Westchester County has advised the Village that the schedule contemplates that at the end of that repaving sometime in August, they will open not just the southbound exit but the northbound exit as well. He noted that the closing of the southbound exit for a month is a much less period of time than was originally contemplated. Originally the County was going to have that exit closed for the entire time but due to the efforts of the Village Staff and Chamber of Commerce led by former Mayor Carolyn Stevens the time frame was shortened to a bare minimum. He expressed his thanks for their efforts. On October 15, 2015, Mayor Mark reported that there will be a meeting of the Scarsdale Forum and he will speak about the State of the Village. He has also been asked to organize a panel that will discuss a matter of interest to the Village residents and what he has proposed is to have a panel that discussed how we manage development in the Village. Mayor Mark stated that his hope is that a thoughtful conversation will be held regarding this topic that is always present and is a concern to all residents. He stated that he would like to see developers, real estate brokers, concerned residents, sustainability advocates, and Village Staff on this panel. The panel will be moderated. Mayor Mark stated that he felt that this would be a very useful conversation to have in this community. He would like people to start thinking about this and if they have any interest in being on the panel they should contact Howard Nadel, the President of the Scarsdale Forum or they can send an email to the Mayor at mayor@scarsdale.com. Consideration will be given to those that would like to participate in this discussion in a thoughtful way. Village Board of Trustees 07-14-2015 263 ******** Managers Comments None. ******** Public Comments Robert Harrison, 65 Fox Meadow Road, stated that the corner of Ogden Road and Fox Meadow Road has been a public hazard due to lack of visibility because of evergreen bushes that had existed there for some time. Previous Village Manager Gatta and current Village Manager Pappalardo visited the site some months ago and the neighborhood is happy to thank the Village for finally getting these evergreen bushes and three or four major trees located in the Village Right-of-Way removed that blocked the site line for drivers, walkers, etc. He stated that there is one tree remaining and a request will be submitted to the Village in writing that this tree be taken down also. Mr. Harrison stated that a request had been sent to the Board requesting a porta- potty be located at the Middle School Tennis Courts where the Scarsdale Youth Tennis League will be running a program. He noted that the Youth Tennis League will be holding a fundraiser so that they may offer a contribution towards the cost of the comfort station. Mr. Harrison praised Superintendent of Parks and Recreation Jason Marra and his assistant Anthony DiDomenico for their help getting a flyer together for the Youth Tennis League. He stated that the flyer can be obtained online www.scarsdale.com/recreation and the application can be downloaded. He complimented the new meet directors for this summer, Christine Fink, who is a rising senior at Scarsdale High School and her brother Steve Fink, a sophomore at the University of Massachusetts. Registration for the four week program continues, Monday through Thursday evenings, 6pm to 8 pm. Youth can play as many times as they would like; it is a flexible program. If anyone has any questions about the program, they should call him at 914-646-4054. He invited all of the Trustees to attend some evening. Mr. Harrison thanked the Village and Jason Marra for the temporary porta-potty which was well-placed. Mr. Harrison reminded the Board that he has mentioned Woodland Terrace at the last meeting as a road that needed to be paved. He asked whether or not Woodland Terrace is on the road paving list for the coming year. Being in the center of the Village, he felt that it was very important that this road be paved. Village Board of Trustees 07-14-2015 264 Lastly, Mr. Harrison stated that he has submitted some FOIL requests on what happened with J.F. Ryan Associates during the 2014 Reval. He stated that he also sent an email to the Village Manager with some questions relating to what has happened with the 2014 revaluation; the grievances - what has been settled; are there still some Article 78 cases outstanding and how many are there and how much are they for; and cases that went before Small Claims Court – how many of those were unchanged and how many were decreased by the SCARS Judge and what was the total dollar of these reductions? Is there any update on the 2016 drive by revaluation? When will it start, has it started and will this Board take up the Homestead Act under this revaluation? Trustee Stern noted that the comfort station will be a tremendous example of a green building – it will have solar electric on it, natural light, much of the water will be recycled for irrigation, and most importantly, because it will be at the Middle School, it will be wonderful example for the kids and adults of how a green building is made. Village Manager Pappalardo responded to Mr. Harrison’s comments regarding the road resurfacing on Woodland Place. He stated that Woodland Place is on the list to be resurfaced over the next few years. The Village has had to wait on Woodlands Place because Con Edison has some gas main work planned on that street. When the Village determines the streets that they are planning to repave every year, the local utility company is contact to make sure that they are not planning any work – Cable and Con Edison specifically. If they are planning work on those streets it makes no sense for the Village to pave the roads only to have them ripped up a year later. That is the issue with Woodland Place – the Village recognizes the fact that it needs work and it will be repaved but the work will have to be coordinated with Con Edison. Regarding Mr. Harrison’s questions regarding the 2014 assessments and the certs and small claims which are continuing, Village Manager Pappalardo stated that he will look into it and try to get some information back to him as well as the revaluation update. The reval has started and the work has to be completed by the time the tentative assessment role for the 2015 values is filed in 2016. However, he will have to touch base with the Assessor in terms of what the status of that work is. He noted that this will not involve any internal inspections in the homes so residents will not be impacted in that regard. There will be curbside reviews of the properties and most of the work will be done in house. As there were no further comments from the public, Mayor Mark closed the public comments portion of the meeting. ******** Law Committee Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding Authorization to Execute an Intermunicipal Agreement with Westchester County for Maintenance of the Bronx River Reservation was adopted the vote indicated below: Village Board of Trustees 07-14-2015 265 WHEREAS, the County of Westchester owns the Bronx River Reservation which includes an approximate 3.7 acres of parkland adjacent to the Bronx River and bordering the Scarsdale Train Station on Depot Place; and WHEREAS, the Village of Scarsdale is interested in performing maintenance activities to this parkland to assure that the land be kept free of litter and debris and remains an attractive natural buffer to this well- traveled area; and WHEREAS, over the past 30 years, the Village of Scarsdale and Westchester County have been parties to Intermunicipal agreements permitting the Village to enter this County-owned property to conduct these maintenance efforts in accordance with our objectives; and WHEREAS, the current Intermunicipal agreement expired on April 30, 2015 and the Village and County are desirous of continuing this arrangement through the execution of a successor Intermunicipal agreement; and WHEREAS, the term of the proposed Intermunicipal agreement is 5 years, commencing retroactively on May 1, 2015 and terminating on April 30, 2020, with the ability of either party to terminate for any reason upon sixty (60) days written notice to the other; and WHEREAS, the Village Attorney has reviewed the attached agreement and approved as to form; now therefore, be it RESOLVED, that the Village Board of Trustees herein authorizes the Village Manager to execute the attached Intermunicipal agreement with the County of Westchester, in substantially the same form as attached hereto, for the maintenance of County owned parkland adjacent to the Bronx River in Scarsdale as detailed in Schedule “A” of the agreement; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake any administrative acts required under the terms of this agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark Village Board of Trustees 07-14-2015 266 ******** Upon motion entered by Trustee Lee, and seconded by Trustee Samwick the following resolution regarding License Agreement Renewal for “Chat” Restaurant was adopted by the vote indicated below: WHEREAS, the Village of Scarsdale has a permanent easement over and through certain areas of the Christie Place public parking garage and exclusive rights for parking management and use of the garage which is part of a multi-use residential and retail facility located at One Christie Place; and WHEREAS, one of the retail establishments within the Christie Place facility is “Chat” Restaurant owned by Mario Fava through the limited liability corporation of SCL Grill LLC (Licensee); and WHEREAS, in conjunction with the opening of the restaurant in 2009, the parties entered into a five-year revocable license agreement (Agreement) allowing Licensee exclusive use of two garage parking spaces (#246 and #247) converted into storage space, said agreement including an option to renew for an additional five-year period; and WHEREAS, the Agreement was amended in 2010 to provide Licensee with the non-exclusive right to access and use the hallway located at the northeast corner of the Ground Level of the garage leading to an external exit door and walkway adjacent to “Chat’s” outdoor dining patio, said area along with the aforementioned converted parking spaces totaling approximately 412 square feet in size (attached); and WHEREAS, the term of the Agreement has recently expired and Licensee is desirous of renewing the Agreement for its continued use of the aforementioned space, and the Village is desirous of accommodating Licensee by renewing the Agreement for the five-year period allowed, provided that such use of Village property is in conjunction with Licensee’s operation of “Chat” Restaurant; and WHEREAS, said Agreement will not interfere with the Village’s present use of the Christie Place parking garage, including but not limited to the Village’s present use of the hallway located at the northeast corner of the Ground Level garage; and WHEREAS, the Village Board of Trustees is supportive of village center businesses that are consistent with the downtown component of the Village’s comprehensive plan and deems it to be in the best interest Village Board of Trustees 07-14-2015 267 of the Village to grant a renewal to Licensee in accordance with the terms of the renewal agreement; and WHEREAS, Licensee will maintain the licensed premises in such a manner as to ensure such space is clean and in good repair at all times, including but not limited to cleaning, sweeping, mopping, making all necessary repairs to the ceiling, walls, floors and fixtures, and checking the space daily to ensure the space is clean, free from hazardous conditions and in good repair; and WHEREAS, in conjunction with the proposed terms of the five-year renewal agreement, Licensee shall provide payment to the Village in the amount of $4,455 for Year 1, $4,610.93 for Year 2 (3.5% increase), $4,722.31 for Year 3 (3.5% increase), $4,963.20 for Year 4 (4.0% increase) and $5,161.72 for Year 5 (4.0% increase); now therefore be it RESOLVED, that the Village Manager is herein authorized to execute the attached Letter of Renewal dated June 29, 2015 of the License Agreement dated March 4, 2010, (attached), with SCL Grill, LLC d/b/a “Chat”, One Christie Place, Scarsdale, NY 10583, in substantially the same form as attached hereto, for the use of approximately 412 sq. ft. of Village property located in the Ground Level of the Christie Place public parking garage located at One Christie Place, pursuant to the terms and conditions of said March 4, 2010 License Agreement and June 29, 2015 Letter of Renewal; and be it further RESOLVED, that the Village Manager is herein authorized to undertake all administrative acts as may be required pursuant to 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 07-14-2015 268 Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Finger, the following resolution regarding Authorization to Execute a Professional Service Agreement for Engineering Consulting Services for the Crane/Berkley Pond and Watercourse Sediment Removal and Regrading Project was adopted by the vote indicated below: WHEREAS, the Village storm drainage system and infrastructure has existed for over a century with integral parts including drains, dams, pipes, watercourses, wetlands and ponds located on public and private property; and WHEREAS, in the interest of the public health, safety and welfare, the Village must maintain the integrity of the stormwater drainage system on a periodic basis; and WHEREAS, the portion of the Village stormwater drainage system that empties to the Crane/Berkley watercourse is now in need of thorough cleaning of sediment and debris that has accumulated, interfering with the drainage system; and WHEREAS, residents of the Crane/Berkley Homeowners Association approached the Village by petition and requested that the Village aid in the maintenance of the stormwater drainage system which lies partly on public property and partly on private property, by establishing a special improvement district, in which the Village and the Crane/Berkley Neighborhood Association would share in the cost of such capital improvement as the project would benefit both parties; and WHEREAS, the Village established a similar special improvement district in 1994 identified in the Village Code under Chapter 137, which expired in 2004; and WHEREAS, on January 29, 2015, the Village Board of Trustees, in accordance with NYS Village Law § 22-2200 established the Crane/Berkley Special Improvement District (attached) in response to the Crane/ Berkley Association’s request that the Village create a special district for the aforementioned pond and watercourse improvements; and WHEREAS, the magnitude of this improvement project creates a necessity for a professional engineer with extensive drainage improvement and wetlands experience to analyze the specific problem areas and provide construction documents and cost estimate specifics; and Village Board of Trustees 07-14-2015 269 WHEREAS, the Village Engineering Department distributed a request for proposal to three experienced engineering firms to provide project engineering services separated into two phases as follows: Phase I – preparation of existing condition drawings, preparation of conceptual design, and cost estimate, Phase II – preparation of engineering and construction documents, bid period services and construction administration; and WHEREAS, the proposal submitted by Professional Consulting, Inc. (PCI) of Parsippany, New Jersey best met the project requirements and the selection criteria with PCI’s professional experience most closely- related to the scope of work required for the Crane/ Berkley Pond and Watercourse Project, and the fee proposed is fair and accurate for the work involved, and consistent with those proposed by the two other firms responding to the RFP; and WHEREAS, a resolution awarding the Phase I work to PCI was submitted to the Village Board at their February 24, 2015 meeting and tabled by the Board over concerns expressed by the Crane/Berkley Homeowners Association over possible costs associated with the potential contamination of the soils to be removed from the pond and open watercourses; and WHEREAS, to address this concern the Village Manager engaged PCI for a fee of $13,272 split equally between the Village and the Association, to obtain an adequate number of soil samples from each of the five project locations and submit the samples to a certified laboratory for testing and analysis for certain pollutants, said work referred to as Phase IA of the PCI Agreement and; WHEREAS, once on site, PCI determined that in order to properly perform the Phase IA work while accurately quantifying the amount of any contaminated materials found, bathometric and topographic surveys of the entire work area were necessary, said surveys previously identified as part of the Phase I scope of work; and WHEREAS, the Village Manager authorized this survey work and the ultimate results of the soil testing were consistent with the expected presence of certain contaminants at low enough levels whereby the regulatory agencies will allow for on-site disposal; and WHEREAS, the scope of work ultimately performed by PCI during Phase IA encompassed most of the Phase I work identified in the proposed Professional Service Agreement (Agreement) with the exception of preparing the construction cost estimate and finalizing the conceptual Village Board of Trustees 07-14-2015 270 design work and New York State Department of Environmental Facility general stormwater permit; and WHEREAS, it is prudent at this time for PCI to finalize this Phase I work and commence the Phase II work identified in the Agreement, specifically the preparation of engineering and construction documents, construction bid advertising, bid review and award recommendation and construction administration services; now therefore be it RESOLVED, that the Village Manager is herein authorized to execute the attached professional service agreement with Professional Consulting, Inc., 719 Route 10, Parsippany, New Jersey, in substantially the same form as attached hereto, in the amount of $64,994 for the services outlined in Phase I and Phase II of the Agreement, attached hereto and made a part hereof, and take all administrative acts associated with said agreement; and be it further RESOLVED, that the $64,994 cost of this Phase I and Phase II work be shared equally by the Crane/ Berkley Homeowners Association and Village of Scarsdale with the total amount of $64,994 transferred from the General Fund Fund Balance, Acct# A9999 9999 9999 to the Capital Budget Account # H-1997-961 2015-116 – Crane Berkley Pond Improvements; and be it further RESOLVED, that the Crane/ Berkley Homeowners Association’s payment of $32,497 shall be reimbursed to the Village through the Crane/Berkley Special Improvement District as approved by vote of the Village Board on January 29, 2015 and established by Local Law #3 of 2015, attached hereto and made a part hereof. 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 Pekarek, the following resolution regarding Braking Aids Ride was adopted by a unanimous vote: Village Board of Trustees 07-14-2015 271 WHEREAS, Global Impact, a Section 501(c)(3) not-for-profit organization, has requested permission for the Braking Aids Ride to traverse the Village of Scarsdale between 10:00 a.m. and 1:00 p.m. on Sunday, September 27, 2015, as riders travel a route from Boston to New York City; and WHEREAS, the event beneficiary is Housing Works, Inc., a 501(c)(3), whose mission is to end the dual crises of homelessness and AIDS through relentless advocacy, the provision of lifesaving services, and entrepreneurial businesses that sustain their efforts; and WHEREAS, the Braking Aids Ride is not a race, but rather a fully-supported ride involving approximately 125 persons of all ages, shapes, and sizes casually riding in a somewhat disbursed pattern along primarily residential streets while complying with all traffic regulations; and WHEREAS, the proposed Braking Aids Ride route requires the use of local streets, entering Scarsdale from White Plains on Coralyn Road near the Fenway Golf Club and continuing southwest to Springdale Road to Mamaroneck Road to Crossway, exiting Scarsdale by crossing Weaver Street to Daisy Farms Road in New Rochelle; and WHEREAS, Village staff will provide advance notice of the Braking Aids Ride to the Scarsdale Neighborhood Association presidents in Secor Farms, East Scarsdale, and West Quaker Ridge, asking that they share the information amongst their contacts; and WHEREAS, the City of White Plains and Village of New Rochelle have already indicated approval for their segments of the Ride; and WHEREAS, the Braking Aids Ride organizers will post route directional markers (see attached) using H-frame holders at every turn and promptly remove them as soon as the last rider passes; and WHEREAS, the Braking Aids Ride does not require any rest areas, comfort stations, or other accommodations apart from authorized passage through the community; and WHEREAS, Global Impact agrees to furnish 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 streets and land; and Village Board of Trustees 07-14-2015 272 WHEREAS, the Village special events staff team has discussed the proposed Braking Aids Ride and finds that no special police support will be required, no Public Works event support is needed, and no local costs are associated with the Braking Aids Ride passing through the community; now therefore be it RESOLVED, that Global Impact, a Section 501(c)(3) not-for-profit organization, is hereby authorized to utilize Village of Scarsdale streets as delineated on the attached route map, including temporary use of the Village right-of-way to post route markers in conjunction with the Braking Aids Ride, to traverse the Village of Scarsdale between 10:00 a.m. and 1:00 p.m. on Sunday, September 27, 2015, conditioned on the timely receipt of a certificate of public liability insurance naming the Village of Scarsdale as an additional insured; and be it further RESOLVED, that the Village Manager is authorized to execute the Village Event Permit form and accompanying Terms and Conditions in substantially the same form as attached hereto and made a part hereof. ******** Personnel Committee Upon motion entered by Trustee Finger, and seconded by Trustee Lee, the following resolution regarding a Re-appointment to the Board of Architectural Review was adopted by a unanimous vote: WHEREAS, Mera Faddoul was appointed by resolution of the Village Board of Trustees on August 13, 2013 (attached), to serve as a member of the Board of Architectural Review to fill the unexpired term of Bana Choura until April 6, 2015; and WHEREAS, the Village Board, at their April 14, 2015 Annual Organizational Meeting, adopted a resolution appointing members to serve on various Village Boards, Councils and Committees, and it was the intent of the Village Board to reappoint Mera Faddoul to the Board of Architectural Review for a three year term; however, the appointment was inadvertently omitted from the aforementioned April 14, 2015 resolution; now, therefore be it RESOLVED, that Mera Faddoul, 39 Kingston Road, is hereby re-appointed to serve as a member of the Board of Architectural Review for a three year term expiring April 2, 2018, or until such time as a successor is appointed. Village Board of Trustees 07-14-2015 273 ******** Other Committee Reports None. ******** Liaison Reports Trustee Pekarek reported that she attended the Arthur Manor Parade on July 4th and she stated that it was delightful. It was a beautiful parade. There were volunteer firefighters, a band, and the kids all had their bicycles and tricycles decked out with patriotic colors. Kids had different kinds of costumes on. They were all given various awards and then there were games and food. She said it was really lovely; it was a very nice community and neighborhood event. She noted that Trustee Callaghan was also there. The other item Trustee Pekarek stated that she wanted to mention was that there is a LED Task Force that is working very diligently to do some testing and modeling of LED street lighting. They are working hard to get some displays of lights on different streets within Scarsdale. She stated she will keep the Board posted on the status of this effort. ******** Trustee Stern stated that he attended the Library Board meeting last evening and reported that most of the meeting was devoted to the presentation by the architect of the plans for renovation of the Library. He stated that the plans are spectacular. The plans will transform the Library from a building with books to a building with people of all ages who interact with each other; they can learn there or sit and talk there. It is an incredible confluence of attractions in a beautiful setting for all ages. This is something that the community should lend its support to. The process will take approximately two years to do the renovations. During that time the Library will find an alternate space; they are looking right now for a suitable place in the Village. ******** Written Communications None. ******** Village Board of Trustees 07-14-2015 274 There being no further business to come before the Board, Trustee Samwick moved to adjourn the meeting, seconded by Trustee Stern and carried by a unanimous vote at 8:45 P.M. Donna M. Conkling Village Clerk