Board of Trustees

Village Board of Trustees 09/08/2015 312 THREE THOUSAND TWO HUNDRED THIRTY-NINTH REGULAR MEETING Rutherford Hall Village Hall September 8, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, September 8, 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, and Assistant to the Village Manager Ringel. ******** The minutes of the Board of Trustees Limited Agenda Meeting of Tuesday, August 25, 2015 were approved as amended on a motion entered by Trustee Lee, seconded by Trustee Samwick, and carried unanimously. ******** Bills & Payroll Trustee Samwick reported that he had audited the Abstract of Claims dated September 8, 2015 in the amount of $694,554.41 which includes $10,608.33 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 Pekarek, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated September 8, 2015 in the amount of $694,554.41 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 $277,448.11 which were found to be in order and he moved that such payments be ratified. Upon motion duly made by Trustee Samwick and seconded by Trustee Lee, the following resolution was adopted unanimously: Village Board of Trustees 09/08/2015 313 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $277,448.11 is hereby ratified. ******** Mayors Comments Mayor Mark stated that there were a few items he wanted to speak about this evening to keep the community updated. The first he has spoken about before which has to do with the Westchester County Consent Decree regarding Sewer Discharge and Impact on Municipalities: “At the Village Board meeting of August 11, 2015 we summarized the manner in which Westchester County is dealing with two consent orders with the New York State Department of Environmental Conservation (DEC) that relate to untreated sewerage discharged to the Long Island Sound from the County’s New Rochelle, Port Chester, Mamaroneck and Blind Brook treatment plants. This matter also impacts the 11 municipalities, including Scarsdale, that are members of the Long Island Sound Watershed Intermunicipal Council (LISWIC). As noted, in June 2015, the County forwarded a form of Intermunicipal Agreement, or IMA it had negotiated with the four communities that operate overflow retention facilities to the Village and the other municipalities excluding some provisions not relevant to them, and demanded that the Village and the other municipalities provide a schedule pursuant to which the form of IMA would be accepted by them. In subsequent communications, the County demand was backed up with a threat that the County would issue Notices of Violation, pursuant to the Westchester County Sewer Act, to the municipalities for exceeding the allowable discharge amount of 150 gallons per capita per day inflow which in turn would mean that they would be subject to the possibility of substantial fines. Violations carry with them the possibility of fines ranging from $25,000 per day per violation which amount doubles every three days up to $100,000 per day per violation, with a maximum per day penalty being $200,000. Seven of the LISWIC municipalities, including Scarsdale, met with representatives of the County on August 13th. That meeting has not produced a noticeable change in the County’s approach to this matter. While County representatives indicated they would look at comments provided on the draft IMA the Village is being asked to sign, they were not encouraging on the subject of taking a sewer district-wide approach to this issue. The County subsequently responded to the Village in an August 28, 2015 letter, providing an additional month or two on certain program deadlines early in the process, however the sewer evaluation study and construction dates remain the same. The Village Manager and I are in the process of responding to this August 28th letter. Following the August 13th meeting, we reached out to our County Legislator, Ben Boykin, to enlist his support for the district-wide approach we are urging. Mr. Boykin has Village Board of Trustees 09/08/2015 314 been very supportive and has spoken with personnel in the County Executive’s Office on our behalf. Although willing to meet with us, those representatives do not appear open to considering what we have been suggesting. A LISWIC meeting is scheduled for the end of this month to further review the County’s proposed IMA, and to discuss the district approach with the County Legislators representing the LISWIC communities who have been invited to attend. We are concerned that the County’s decision making on this matter is politically driven, with fairness and efficiency considerations taking a back seat. Such an approach would lead to the sewer remediation costs being borne solely by individual municipalities and paid for out of real property taxes—and, in part, in our case, funds from the sewer rent. This is in contrast to the approach that would spread the burden and deliver the benefit across all the municipalities. Such an approach was taken by the County in 2002 on a similar sewer project and in that case realized cost savings through the inherent economies of scale. That approach also allowed collecting some funds from tax exempt properties that are not exempt from the sewer tax. The County’s present rationale seems simply to be that it does not want to raise fees that would cause it to exceed the state real property tax “cap” -- a number that this year expected to be below 1%. A goal of not exceeding the “cap” is laudatory, but in this case appears to be largely a political strategy. The money to fund whatever work is required will have to come from somewhere and no matter what the fund-raising mechanism is, that somewhere will ultimately be from the residents. If the County does not raise the funds using sewer district fees, the municipalities will have to raise them. If some or a portion of the funds are raised from real property taxes, those amounts will not be excluded from the “cap” calculation and will contribute to the municipalities either exceeding the “cap” – or cutting other services to avoid that result. Thus, the approach being taken by the County is to simply take a pass on what would be a politically unpopular decision – raising County taxes -- without addressing the underlying fact that in the end residents will be paying for the work, albeit more so if through the property tax, no matter what the funding mechanism. As stated last month, the issue at hand is a regional one and principles of fairness would suggest that it be handled and funded in such a manner. Recognizing our responsibility to maintain and improve our sewage collection systems which we always have, we are disappointed with the County’s failure to take those principles into account. In addition, a Connecticut based non-profit environmental group called “Save the Sound” has sued Westchester County and issued a Letter of Intent to sue the 11 LISWIC municipalities charging the County violated its NYS issued sewage discharge permit. It is anticipated that the 11 LISWIC communities will ultimately be sued as well. Scarsdale is currently discussing a joint defense with one or more of the LISWIC municipalities. We will keep you updated on the developments on this important matter as we learn of them. Turning to road repaving -- road repaving started today, September 8th. The season started later than we would have liked due the need to finish to related curbing work and Village Board of Trustees 09/08/2015 315 contractor availability. The Village Staff advised me and reminded me that he total paving budget for the 2015-2016 fiscal year is just over $1,500,000. At this point, it is estimated that the Village will pave 5-6 miles of roadway in the 2015-2016 Fiscal Year. The 2015-2016 Fiscal Year paving work will occur in two phases, the first this summer and fall and the second most likely in spring 2016. There are 16 roads in Phase 1 representing 2.5 miles with roughly the same amount in Phase 2, although this list has not yet been finalized. Phase 1 kicked off with milling work in Colonial Acres: Colonial, Continental, Mayflower and Black Hawk roads having been milled. We look forward in to the improvement of some of the Village’s worst road surfaces as a result of the work that has commenced. Last, Bronx River Parkway: Crane Road Exit 12 re-opens --At long last northbound Bronx River Parkway Exit 12 to Crane Road is now open. I tried it out last night and found it much improved from the old format which was a sharply angled right turn off the parkway. While we understand that the County is still finishing up its work, which may require closures during non-peak usage on and around the new bridge, restoring the use of the Crane Road exit is a big improvement for accessibility to the Village downtown and we are pleased to have it available again.” ******** Managers Comments Village Manager Pappalardo stated that he would like to call on Jason Marra, Recreation Superintendent to give a brief report on Hyatt Field and Playground Capital Improvement Project that has just gotten underway. Recreation Superintendent Jason Marra stated that the project at Hyatt Field and Playground is a project that is a combination of current approved Capital Projects that they had. Each year the Parks and Recreation Committee looks at all the recreational facilities and plans capital projects to improve the quality of life for the community. Improvements at Hyatt Field and Playground were much needed. The two approved Capital Projects that are part of this project were first from 2014-15 a full sized basketball court on site which was in disrepair due to drainage issues underneath the basketball court. In the 2015-16 the Capital Project that was approved was for placement of the playground equipment and improvement to drainage on that site. Each year playground inspections are done at all nine playgrounds in the community and the Recreation Department puts a plan in place as to whether equipment needs to be updated. Hyatt Field and Playground was on this list as having the oldest equipment. Mr. Marra continued, stating that in order to keep the site open to the users in the community in the neighborhood, it was decided to combine the two projects and do a complete redesign of the park. They were able to do this due to the wonderful Village Village Board of Trustees 09/08/2015 316 employees. The Engineering Department worked with the Recreation Department and they did the layout and design. Meetings were held with playground manufacturing companies to take a look at the project. After meeting with several companies, they decided they wanted to have a park focused on fitness and health. The design calls to regrade the entire site, plans for drainage, replacement basketball court and hoops and all new playground equipment. He presented a rendering of the project to the Board members. He noted that there are also pathways that create walking paths for people designed for 1/8 mile so that mileage can be tracked. There is also a courtyard area in the middle. Community involvement was also part of the planning process. Back in March, Mr. Marra stated that the Recreation Department contacted all the local neighborhoods closest to Hyatt Field and Playground and a meeting was held. Ten (10) residents attended representing their neighborhoods. Some of the parents brought their children which was very helpful in getting feedback from them on what type of equipment they would like to have. The design was based on community feedback. They are using a company by the name of Kompan. Kompan has provided some interesting equipment that the Village does not have at any of its other playgrounds. A lot of it is focused on ropes, climbing, a lot of spinning and balancing features and some adult fitness equipment. During the process, Mr. Marra stated that they decided to incorporate some other ideas to the park site. There has been a tremendous need for restrooms at the athletic facilities in particular. The Scarsdale Little League is going to contribute a donation of $15,000 for materials. The Village will provide staff to do the construction of the restrooms. Trustee Stern noted that the restroom to be constructed at the Scarsdale Middle School will be green. He asked Mr. Marra if there were any plans to incorporate some of that technology in these restroom plans. Mr. Marra responded that there are no plans to construct a green comfort station at Hyatt Field due to budget constraints. He stated that if they incorporate any green features it would have to be within the budget. Village Manager Pappalardo stated that this project is a very good example of intra- departmental cooperation between two of the Village’s major departments. Jason Marra has done a great job of outreach to the community to allow for their involvement in the project. The neighbors in that area are very happy with these planned improvements. To address Trustee Stern’s comment, a good portion of the use of in-house services is due to the budgetary constraints, and the comfort station is going to be constructed by the Village’s facilities maintenance crew. This restroom facility will only be an 8’ X 12’ building, similar to the size of a tool shed. Mr. Marra stressed that it has been a pleasure working with the other departments in the Village – the Department of Public Works and the Engineering Department. Village Board of Trustees 09/08/2015 317 Trustee Samwick noted that this is just another great example of the work that Jason Marra and Anthony DiDomenico do in the Recreation Department. He asked Mr. Marra what the expected timeline is. Mr. Marra stated that the improvements are currently under construction. They had adjusted the timeline to start construction at the end of August so the community could utilize the park during the summer. What they have done so far is to take down the equipment and the site has been regraded and leveled out. The next portion, which will be taking place next week will be the drainage and the commencement of the asphalt. They are waiting for delivery of the playground equipment from the manufacturer which should occur at the end of October. They are targeting the park opening for the first week of November. There will most likely be a kick-off party in the early spring. The Mayor and the Board of Trustees commended Recreation Superintendent Marra on a job well done. ******** Public Comments None. ******** Finance Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding Fiscal Year 2014-2015 Closeout Balancing Budget Transfers was approved by a unanimous vote: WHEREAS: Pursuant to the provisions of Section 5-520 of the New York State Village Law, the Board of Trustees, by resolution, may transfer funds from existing and unexpended balances; from a contingent account; from available cash surplus or unanticipated revenues within a fund; or by borrowing; and WHEREAS: at the end of the Village Fiscal Year 2014-2015, it is necessary to make balancing modifications to and from various accounts of already existing appropriations in the budget based on actual results of operations, and WHEREAS: the final 2014-2015 audit has been completed and in all cases, there are sufficient unexpended balances in various accounts, excess revenues or fund balances available to cover the transfers, now therefore be it Village Board of Trustees 09/08/2015 318 RESOLVED: that pursuant to Village Law 5-520, the Board of Trustees hereby authorizes and directs the proper Village officers to modify the 2014- 2015 Budget by making the following transfers identified on the attached spreadsheet; and be it further; RESOLVED: that a sum of up to $1,020,000 from the audited 2014-2015 fund balance in the General Fund, if available and needed, be appropriated to the 2015-2016 Capital Fund accounts as specified below: FROM: A-9999-9999-9999-Use of Fund Balance $1,020,000 TO: A-9990-TRNFR-TRNFR-950-9550-.0- General Fund Transfer to Capital: $1,020,000 TO: H-1000-030-5031-01 Transfer from General Fund $1,020,000 TO: H-1997-961-2015-116 Crane Berkley Pond $ 425,000 H-5197-963-2016-052 Highway Equipment $ 50,000 H-5197-963-2016-061DG Heathcote Rd Bridge $ 375,000 H-8120-964-2016-096 Sanitary Sewer Study $ 150,000 H-3497-962-2015-042 Fire Training Building $ 20,000 AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Upon motion entered by Trustee Finger, and seconded by Trustee Samwick, the following resolution regarding Authorization to Execute a Settlement Agreement Between the Village of Scarsdale and the Internal Revenue Service was approved by the vote indicated below: WHEREAS, the Internal Revenue Service (IRS) periodically conducts audits of employers’ treatment of employee benefits to insure compliance with its regulations; and Village Board of Trustees 09/08/2015 319 WHEREAS, the most recent audit of the Village occurred between November 2014 and June 2015 and involved the audit of the 2012, 2013 and 2014 calendar years, relative to two items; the treatment of certain individuals as independent contractors and the taxable income of certain employee fringe benefits; and WHEREAS, the Village was represented in its negotiations with the Internal Revenue Service by tax partners of O’Connor Davies, LLP and by Chris Kopf, the O’Connor Davies audit partner for the Village’s annual independent audit; and WHEREAS, the IRS representatives reviewed thousands of pages of documents provided by Village staff including payments to independent contractors as well as fringe benefits paid to employees both through payroll and accounts payable; and WHEREAS, of the roughly 20 independent contractors audited, the Village was able to defend against the IRS assertion that a few of the contractors were effectively employees during the three year audit period and subject to payroll taxes, and as such, there were no additional tax implications in this area; and WHEREAS, relative to the fringe benefit issue, the IRS reviewed all benefits paid to employees including auto allowance, uniform allowance, shoe and tool allowance and payments for “in-lieu of health care” benefits; and WHEREAS, the IRS determined that certain collective bargaining agreement benefits relative to uniform and auto allowance, compensated through separate one-time annual checks, should be paid through payroll so the appropriate income taxes can be withheld; and WHEREAS, in addition, the IRS reviewed Village owned automobiles provided to certain employees on a take-home basis as to the extent of taxable income charged to account for the personal use of the vehicle which the IRS considers a fringe benefit; and WHEREAS, the IRS’s so-called “commuting rule” allows an employer to include $3.00 per day or $690.00 per year to an employee’s taxable income to account for the benefit received by the employee for commuting in an employer assigned automobile; and WHEREAS, the IRS commuting rule is further distinguished for 24/7 “on-call” employees and the Village utilized this rule and the aforementioned taxable income limits for the applicable employees during the three year audit period; and Village Board of Trustees 09/08/2015 320 WHEREAS, although the Village correctly applied the commuting rule during the audited period, the IRS asserted that the rule was applied to certain employees who were ineligible even if the Village considered them as 24/7 on-call personnel; and WHEREAS, in accordance with the IRS Code, employees with take home vehicles not qualifying for commuting rule status, are subject to a higher income tax withholding based on a formula provided in the Code subject to the allocation of personal and business use of the vehicle to each employee; and WHEREAS, the Village was able to demonstrate to the IRS that these “non- commuting rule” employees did in fact use their vehicles primarily for business purposes in accordance with the IRS Code thereby reducing the eventual settlement which resulted in a Village tax deficiency of $14,702.52 for the three year audit period. The settlement did not require restatement of Village IRS employee withholding forms for the three year audit period, nor did it include any penalties or interest either on the part of the Village or its employees; and WHEREAS, the Village of Scarsdale Administrative Policy No. 206, enacted by resolution of the Village Board on August 12, 2004, requires that all settlements beyond $7,500 be approved by the Village Board of Trustees; now therefore be it RESOLVED, that the Village Board of Trustees herein approves a payment of $14,702.52 to the Internal Revenue Service in accordance with a June 2, 2015 Settlement Agreement, attached hereto and made a part hereof, as final settlement of all claims made by the IRS against the Village for the years 2012, 2013 and 2014; and be it further RESOLVED, that the Village Manager and Village Treasurer are authorized to execute such Settlement Agreement and to take such further actions as necessary or appropriate for the purpose of carrying out the foregoing Agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Village Board of Trustees 09/08/2015 321 Mayor Mark ******** Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding the Acceptance of a Gift from an Anonymous Scarsdale Resident for Scarsdale Public Library General Operations was approved by a unanimous vote: WHEREAS, pursuant to Policy #106 of the Village of Scarsdale Administrative Policies & Procedures Manual, “Gifts to the Village of Scarsdale,” acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; and WHEREAS, a Scarsdale resident, requesting to remain anonymous, wishes to do donate $2,500 to fund the general activities of the Scarsdale Public Library; now therefore be it RESOLVED, that the Village Board of Trustees hereby accepts the gift of $2,500 to be used toward Scarsdale Public Library general operating expenses and extends its thanks and appreciation to the donor for this generous gift to the community; and be it further RESOLVED, that the actions of the Village Treasurer to accept this financial gift of $2,500 and deposit in the Scarsdale Public Library Budget Account TE-91-.22 – “Miscellaneous Gifts” are hereby ratified. ******** Land Use Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding Scheduling a Public Hearing for a Special Use Permit Application in the Christie Place Development Project by the vote indicated below: WHEREAS, C.P. Retail LLC has filed an application, in the form of a letter, applying for Special Use Permit approval for one of the retail spaces available in the Christie Place Development Project, located in the Village Center PUD 0.8-1.0 zoning district; and WHEREAS, Chapter 310-12(B)(6) of the Village Code states that permitted ground floor uses in the PUD 0.8 – 1.4 zoning district require a Special Use Permit from the Village Board of Trustees; and WHEREAS, Chapter 310-28.1(B) of the Village Code states that the procedure for the Village Board of Trustees to consider Special Use Permits shall Village Board of Trustees 09/08/2015 322 include a Public Hearing held on notice duly given in the same manner as is required by law for zoning amendments and only after a review of the report and recommendation of the proposed plan by the Planning Board; and WHEREAS, the Planning Board, on April 26, 2006, adopted a resolution, pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 152 of the Village Code, finding that the project, including issuance of Special Use Permits, would not have any significant adverse environmental impacts, thus no further environmental review is required; and WHEREAS, the Planning Board, in granting Site Plan approval for the Christie Place Project on June 28, 2006, did so subject to the applicant’s seeking Special Use Permits from the Village Board of Trustees for each of the individual permitted ground floor retail uses for the 12,000 sq. ft. of retail available in the development, including one bank and one restaurant; and WHEREAS, the applicant, C.P. Retail, LLC, has identified one tenant, Flora Nail Salon, to utilize approximately 571 sq. ft. of retail space located in the “west building” and is now seeking a Special Use Permit for this use; and WHEREAS, the Village Board of Trustees, on July 28, 2015, pursuant to Village Code Chapter 310-28.1(B), hereby referred the application for Special Use Permit approval for retail space in the Christie Place Development Project, to the Planning Board for review and recommendation and further waived the 60 day time period, pursuant to Chapter 77-2 of the Village Code, for receipt of the Planning Board’s report; and WHEREAS, the Planning Board considered the referral at its August 12, 2015 meeting; and WHEREAS, the Planning Board, on August 24, 2015, recommended the Village Board of Trustees favorably consider approving the application of CP Retail LLC for a Special Use Permit for the proposed retail tenant, Flora Nail Salon, at 120 Christie Place, Scarsdale, NY 10583; now, therefore, be it RESOLVED, that the Village Board of Trustees, pursuant to Village Code Chapter 310-12 (B)(6), hereby schedules a Public Hearing on Monday. September 21, 2015 regarding the application of CP Retail LLC for a Village Board of Trustees 09/08/2015 323 Special Use Permit for the proposed retail tenant, Flora Nail Salon, at 120 Christie Place, Scarsdale, NY 10583. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Recreation Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding Acceptance of a Gifts – Portable Lights and Approving the Temporary Use of Portable Lights at Supply Field for the Youth Football Program was approved by a unanimous vote: WHEREAS, pursuant to Policy #106 of the Village of Scarsdale Administrative Policies & Procedures Manual, “Gifts to the Village of Scarsdale,” acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; and WHEREAS, the Parks, Recreation and Conservation Department offers a Youth Tackle Football Program with an expanding enrollment of 275 Scarsdale children in grades three through eight, in addition to approximately 75 participants in a recently added Flag Football Program; and WHEREAS, limited daylight hours during the months of October and November make it necessary to provide artificial lighting for the playing fields to facilitate practice and games; and WHEREAS, during the 2011 through 2014 fall seasons, two portable lights were authorized by the Village Board of Trustees for temporary use at Supply Field from mid-October through mid-November (resolution attached), three days a week until 7:30 p.m., said use occurring without incident or complaint from abutting neighbors; and WHEREAS, the increased program enrollment has created the need for two additional portable lights, to be operated under the same schedule Village Board of Trustees 09/08/2015 324 and in a safe manner as to be non-obtrusive to abutting neighbors; and WHEREAS, Scarsdale resident Sam Blakely has again offered to donate two portable light units under the same terms and conditions as the previous years, while the Scarsdale Youth Football Club has agreed to rent the two additional portable light units needed for the 2015 fall program; now therefore be it RESOLVED, that the Village Board of Trustees hereby supports the use of temporary lights at Supply Field by the Scarsdale Youth Recreation Football Program for the 2015 season during the period of October 13, 2015 through November 20, 2015, for three days a week until 7:30 p.m., and accepts the portable light as a gift to the Village during their temporary usage; and be it further RESOLVED, that the Village Board of Trustees extends their thanks and appreciation to the donors of the lights as well as to the parents and volunteers that facilitate and participate in the Scarsdale Youth Recreation Football Program. ******** Law Committee Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding License Agreements with Jane Chwe, 25 Shawnee Road, For Use of the Village Right-of-Way was approved by the vote indicated below: WHEREAS, Jane Chwe (“Licensee”) is the owner of certain property known as 25 Shawnee Road and identified on the Village of Scarsdale Tax Map as Section 04, Block 02, Lot 215; and WHEREAS, at their September 22, 2009, meeting the Village Board adopted a resolution authorizing the Village Manager to execute a license agreement with the previous owners (Michael Ho and Chaohong Gu) for the use of the Village Right-of-Way to install a storm drain line and connect to a public catch basin; and WHEREAS, at their May 25, 2010, meeting the Village Board adopted a resolution authorizing the Village Manager to execute Amendment #1 to the September 2009 license agreement authoring the previous owners to maintain a flagstone walkway located in the Village Right-of-Way; and Village Board of Trustees 09/08/2015 325 WHEREAS, the aforementioned license agreement and amendment are non- transferable, and as such the Village Manager notified Licensee via letter dated July 7, 2015 (attached) that in order to continue the use of a drain line and walkway on Village property, new license agreements were required; and WHEREAS, although associated with the same residence, the two encroachments are exclusive of each other and it is in the best interest of the Village to separate through two distinct agreements in case any issues arise with the continued use of the Village property for one or the other; and WHEREAS, Licensee has expressed her desire to enter into these agreements and, as such, the Village is desirous of accommodating the Licensee by granting a license agreement permitting, at the Licensee’s expense, a four (4”) inch diameter overflow drain pipe in the paved roadway portion of the Village right-of way connecting to the public catch basin, in accordance with the July 20, 2009, drainage plan, revised on September 8, 2009, as prepared by Crossland Engineering, PLLC, attached to said agreement as Exhibit “A;” and WHEREAS, the Village is also desirous of accommodating the Licensee by granting a second (2nd) license agreement permitting, at the Licensee’s expense, the flagstone walkway in the Village right-of-way in accordance with the associated plan prepared by Gabriel E. Senor, P.C., dated October 29, 2008, as amended January 8, 2009, and attached to said agreement as Exhibit “A;” and WHEREAS, these new agreements will not interfere with the Village’s present and future use and maintenance of said Village right-of-way; now, therefore, be it RESOLVED, that the Village Manger is herein authorized to execute two license agreements in substantially the same form as attached hereto, with Jane Chwe of 25 Shawnee Road, Scarsdale N.Y. 10583, to maintain a four (4”) inch diameter overflow drain pipe in the paved roadway portion of the Village right-of-way, connected to the Village catch basin, in accordance with the July 20, 2009 drainage plan, revised on September 8, 2009, as prepared by Crossland Engineering, PLLC, attached to said agreement as Exhibit “A”, as well as a flagstone walkway in the Village Right-of-Way, in accordance with the associated plan prepared by Gabriel E. Senor, P.C. dated October 29, 2008, as amended January 8, 2009, and attached as Exhibit “A” of said license agreement amendment; and be it further Village Board of Trustees 09/08/2015 326 RESOLVED, that Licensee herein agrees to indemnify and hold the Village of Scarsdale harmless in all actions, claims, judgments, costs or expenses arising from said installation, maintenance and use of the drainage pipe with catch basin and flagstone walkway pursuant to each license agreement; and be it further RESOLVED, that the Licensee shall pay the Village the sum of $2,000.00 as an administrative fee associated with the preparation and execution of each license agreement, pursuant to the Fiscal Year 2015/16 Village- Wide Fees and Charges schedule. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Mayor Mark informed Trustee Lee that before the next resolution is read, because it concerns the Scarsdale Teen Center and his wife, B.K. Munguia who is the President of the Adult Board of the Scarsdale Teen Center, he will recuse himself from any discussion of this resolution and from any vote. He asked that Trustee Lee, as Deputy Mayor, take over for the process on this resolution. Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding Authorization to Execute an Agreement with the Scarsdale Teen Center, Inc. was approved by the vote indicated below: WHEREAS, the Village of Scarsdale (Village) and the Scarsdale Union Free School District (District) have provided financial support to The Scarsdale Teen Center, Inc. for its operation since 1998-1999 and are desirous of continuing to fund a recreational and social program for the youth of the community; and WHEREAS, the term of the renewal agreement is for one (1) year commencing September 1, 2015, and terminating August 31, 2016, pursuant to which the Village will provide an annual payment to the Teen Center in the amount of $87,500 payable in two equal installments of $43,750 on September 15, 2015, and March 15, 2016; and Village Board of Trustees 09/08/2015 327 WHEREAS, adequate funds are appropriated in the adopted Village Fiscal Year 2015- 2016 General Fund Budget to fund the Teen Center and the Board of Education represents that the District will provide an amount of $65,000 for the program and, consistent with past practice, deposit the funds with the Village; and WHEREAS, the Village Board, in conjunction with the Board of Education, will continue to evaluate the future funding of the Teen Center and may continue current levels or reduce annual funding based on program performance and the Teen Center’s ability to increase revenues and operate on a more self-sustaining basis; now, therefore, be it RESOLVED, that the Village Manager is herein authorized to execute the Agreement between the Village of Scarsdale and the Scarsdale Teen Center, Inc. in substantially the same form as attached hereto; and, be it further RESOLVED, that the Village Board of Trustees herein provides funding to The Scarsdale Teen Center, Inc. for Fiscal Year 2015-2016 in the amount of $87,500.00, and recognizes the representation of the Scarsdale Board of Education to fund an amount of $65,000 for the District’s Fiscal Year 2015-2016; and, be it further RESOLVED, that the Village Manager is herein authorized to complete all other administrative acts necessary pursuant to this agreement. AYES NAYS ABSENT RECUSED Trustee Callaghan None None Mayor Mark Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Before the vote was taken, Trustee Finger stated that he would like to make a comment. He is pleased to see this resolution; he is liaison to the Scarsdale Teen Center. This is an important organization in Scarsdale and he is pleased to be able to vote in favor of this resolution and support all of their efforts. ******** Before reading the next resolution, Trustee Lee stated that the purpose of this Repeal of the Moratorium is because it will coincide with the decision on which way as a Board they want to pursue the law that is being proposed to include gravel surfaces as lot coverage. Since the Board will be voting on that one way or another, a public hearing will be held on Village Board of Trustees 09/08/2015 328 the same night, September 21st as this resolution he is about to read. At the point in time that the Board decides which way they are going to vote on that law, the moratorium is no longer needed. Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution Calling for a Public Hearing to Repeal Local Law #2 as Amended by Local Laws #6 and #7, 2015, Regarding Certain Applications to the Planning Board, Board of Appeals, Board of Architectural Review, Building and Engineering Departments was approved 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 Monday, September 21, 2015, at 8:00 pm to consider a proposed local law repealing Local Law #2 of 2015, as amended by Local Laws #6 and #7, 2015, 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 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 ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding the Scarsdale Concours Car Show was approved by the a unanimous vote: WHEREAS, Scarsdale Concours has requested permission to hold the 12th Annual Scarsdale Concours Car Show in the Village Center on Sunday, October 4, 2015, with a rain date scheduled for Sunday, October 11, 2015; and WHEREAS, the Scarsdale Concours Car Show requires the temporary closure of several streets in the Village Center, including Spencer Place, Harwood Court, Boniface Circle, and Chase Road, with the Scarsdale Village Board of Trustees 09/08/2015 329 Police Department assisting with the street closures and providing traffic control during the event; and WHEREAS, the Scarsdale Concours Car Show is an event coordinated by dedicated volunteers, including former Scarsdale High School students and Village residents, and has been successfully held in the Village of Scarsdale for the past eleven years; and WHEREAS, the event draws over 100 antique car owner participants, hundreds of spectators, dozens of sponsors, involves showcasing vintage and new cars, and generates proceeds which are donated to local service organizations, including the Scarsdale/Edgemont Family Counseling Service, Scarsdale Foundation, and Scarsdale Police Benevolent Association Warrior and Family Assistance Fund; now, therefore, be it RESOLVED, that the Village Board is desirous of accommodating this event and grants permission to hold the 12th Annual Scarsdale Concours in the Village Center on Sunday, October 4, 2015, with a rain date scheduled for October 11, 2015; and be it further RESOLVED, that the Village Manager is herein authorized to execute the attached Village Event Permit form. ******** Upon motion entered by Trustee Stern, and seconded by Trustee Samwick, the following resolution regarding Calling for a Public Hearing on the Number of Taxicabs to be Licensed in 2016 was approved by the vote indicated below: RESOLVED, that a Public Hearing is hereby called by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Monday, September 21, 2015, at 8:00 pm in Rutherford Hall in the Village of Scarsdale to determine the number of taxicabs to be licensed in Scarsdale in 2016, pursuant to Section 272-3 of the Village Code. RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Village Board of Trustees 09/08/2015 330 Trustee Stern Mayor Mark ******** Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution regarding an Application for a New York State Drinking Water Assistance Grant for the Rehabilitation of the Ardsley Road Water Storage Tank was approved by the vote indicated below: WHEREAS, as part of the 2015-2016 New York State Budget, the New York Legislature Authorized $200 million in grant funding for both clean water and drinking water projects to be dispersed over the next three years, with $50 million available for FY 15-16; and WHEREAS, of this $50 million, $20 million is to be co-administered by the New York State Environmental Facilities Corporation and the New York State Department of Health for drinking water projects that improve water quality and protect public health, with each project being eligible to receive a maximum of $2 million or 60% of the total project cost, whichever is less; and WHEREAS, the Village of Scarsdale’s Water Enterprise Fund Capital Budget includes two significant improvement projects to the Ardsley Road and Garden Road (Boniface) Water Storage Tanks; and WHEREAS, the 750,000 gallon Ardsley Road Water Storage Tank requires an entire roof replacement and other safety and security upgrades in compliance with various State and Federal guidelines; and WHEREAS, via resolution dated May 26, 2015, attached, the Village hired the engineering consulting firm of Professional Consulting, Inc. (PCI), to provide the necessary engineering design services, cost estimates and public bidding services; and WHEREAS, in July 2015 PCI completed its Engineering Report identifying the scope of work to include the roof replacement, coating, painting and other system upgrades, with an estimated project cost of $1,771,550, of which the Village has identified funding from existing Reeves Newsome Pump Station Improvement Project bond proceeds and balances in the Eastchester Water District and Water Enterprise Fund; and WHEREAS, on the application deadline of September 4, 2015, the Village of Scarsdale submitted a Drinking Water Grant Application for the Village Board of Trustees 09/08/2015 331 Ardsley Road Storage Tank Project in the amount of $1,050,550, which is within the grant program’s $2 million or 60% total project cost limit; and WHEREAS, the Village of Scarsdale has examined and duly considered the applicable laws of the State of New York and the project eligibility requirements, and deems it to be in the public interest and benefit to have filed an application under these laws and requirements; and WHEREAS, this grant program requires the adoption of a resolution by the local governing body authorizing a specific municipal representative to execute the grant application, the adoption of which may occur subsequent to the application submission; now, therefore, be it RESOLVED, by the Village of Scarsdale Board of Trustees that: 1. The filing of an application pursuant to the New York State Drinking Water Assistance Grant, in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized nunc pro tunc; and 2. Stephen M. Pappalardo, Village Manager, is directed and authorized as the Village’s municipal representative to act in connection with the application, to provide such additional information as may be required, and to sign any additional documentation that may be required as a part of the award of the Drinking Water Grant for the Ardsley Road Water Storage Tank; and 3. The Village agrees that it will fund its portion of the cost of said Ardsley Road Water Storage Tank Project; and 4. This Resolution shall take effect immediately. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark Village Board of Trustees 09/08/2015 332 ******** Trustee Stern requested of Mayor Mark that Trustee Pekarek read the next resolution. Mayor Mark agreed and also commended the staff for all the hard work that the Village Manager and staff did in getting this application together and on behalf of the Board, wished them good luck. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding an Application for a New York State Clean Water Assistance Grant for Sanitary Sewer Line Improvements was approved by the vote indicated below: WHEREAS, as part of the 2015-2016 New York State Budget, the New York Legislature Authorized $200 million in grant funding for both wastewater and drinking water projects to be dispersed over the next 3 years, with $50 million available for FY 15-16; and WHEREAS, of this $50 million, $30 million is to be administered by the New York State Environmental Facilities Corporation for wastewater projects that improve water quality and public health, with each project being eligible to receive a maximum of $5 million or 25% of the total project cost, whichever is less; and WHEREAS, sanitary sewer projects to reduce or eliminate existing sanitary sewer overflows caused by identified inflow and infiltration (I & I) are eligible for grant funding; and WHEREAS, inflow is defined as illicit stormwater connections to sanitary sewers and infiltration consists of groundwater entering sanitary sewers through joints or other deficiencies; and WHEREAS, the Village of Scarsdale has and continues to experience I & I issues within its sanitary sewer collection system; and WHEREAS, between April 2009 and March 2011 Westchester County conducted a sanitary sewer flow monitoring study which identified increased sanitary sewer flows from the Village’s collection system during certain rain events, indicating that I&I exists; and WHEREAS, the County is currently under a consent order with the New York State Department of Environmental Conservation due to excess nitrogen content in sewage discharged to the Long Island Sound from their treatment plants, such nitrogen also being present in the Village Board of Trustees 09/08/2015 333 stormwater entering the County’s sanitary sewer system from the municipal sanitary sewer collection systems; and WHEREAS, the County is currently seeking intermunicipal agreements with the 11 municipalities which are part of one or more of four sewer districts, including the Mamaroneck Valley Sewer District and treatment plant which serves the southeastern portion of the Village of Scarsdale, to identify and make the necessary repairs to their sanitary sewer lines to reduce I & I; and WHEREAS, one such identified sanitary sewer line located in the Mamaroneck Valley Sewer District measures 5,949 linear feet and varies from six to eighteen inches in diameter and traverses through the Quaker Ridge Golf Course which directly connects to a County sewer trunk line; and WHEREAS, the Quaker Ridge sewer line was constructed in 1933 and expanded in the 1950s, and is situated in a low lying area that follows a nearby watercourse, creating susceptibility to I&I; and WHEREAS, this line serves roughly 757 Village parcels making it one of the more heavily utilized sanitary sewers in the Village; and WHEREAS, the Scarsdale Village Engineering Department completed an Engineering Report dated August 29, 2015 that prescribed the scope of remedial work while estimating the project cost to reduce I & I in said Quaker Ridge sewer line; and WHEREAS, the project scope of work includes cleaning and televising the sewer line, performing any necessary point repairs, and installing a cured-in- place liner in order to seal any pipe joints or damage, provide structural integrity and eliminate or reduce I & I; and WHEREAS, the project is estimated to cost $677,840 of which 25% or $169,460 is eligible for the New York State grant funding; and WHEREAS, on the application deadline of September 4, 2015, the Village of Scarsdale submitted a Clean Water Grant Application for the Quaker Ridge Golf Course Sanitary Sewer Main Rehabilitation Project in the amount of $169,460, representing 25% of the estimated total project costs in accordance with the grant requirements; and WHEREAS, the Village of Scarsdale has examined and duly considered the applicable laws of the State of New York and the project eligibility Village Board of Trustees 09/08/2015 334 requirements, and deems it to be in the public interest and benefit to have filed an application under these laws and requirements; and WHEREAS, this grant program requires the adoption of a resolution by the local governing body authorizing a specific municipal representative to execute the grant application, the adoption of which may occur subsequent to the application submission; now therefore be it RESOLVED, by the Village of Scarsdale Board of Trustees that: 1. The filing of an application pursuant to the New York State Clean Water Assistance Grant, in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized nunc pro tunc; 2. Stephen M. Pappalardo, Village Manager, is directed and authorized as the Village’s municipal representative to act in connection with the application, to provide such additional information as may be required and to sign any additional documentation that may be required as a part of the award of the Clean Water Grant for the Quaker Ridge Golf Course Sanitary Sewer Main Rehabilitation Project; 3. The Village agrees that it will fund its portion of the cost of said Quaker Ridge Golf Course Sanitary Sewer Main Rehabilitation; 4. This Resolution shall take effect immediately. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Other Committee Reports None. ******** Village Board of Trustees 09/08/2015 335 Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that four (4) written communications have been received since the last meeting:  Concerning 45 Cushman Road, a report from the Planning Board and correspondence from Cuddy & Feder, Counsel to the homeowners, regarding an appeal for relief from the moratorium involving gravel surfaces.  Correspondence from Cuddy & Feder, Counsel to the owners at 11 Carstensen Road regarding a Notice of Appeal of Committee on Historic Preservation Denial of Certificate of Appropriateness.  Correspondence from Keane & Beene, Counsel to the owners at 1023 Post Road regarding a Notice of Appeal of Committee on Historic Preservation Denial of Certificate of Appropriateness.  An email from Scott Kleinman, Dolma Road, in opposition to the proposed Lot Coverage Law. Mayor Mark’s response is attached, in which he notes the date and time of the scheduled Public Hearing of this proposed law as Monday, September 21st at 8:00 P.M. ******** There being no further business to come before the Board, Trustee Pekarek moved to adjourn the meeting, seconded by Trustee Samwick and carried by a unanimous vote at 9:07 P.M. Donna M. Conkling Village Clerk