Board of Trustees

Village Board of Trustees 10/27/2015 410 THREE THOUSAND TWO HUNDRED FORTY-SECOND REGULAR MEETING Rutherford Hall Village Hall October 27, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, October 27, 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 Clerk Conkling, Village Treasurer McClure, and Assistant to the Village Manager Ringel. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, October 13, 2015 were approved on a motion entered by Trustee Samwick, seconded by Mayor Mark, and carried unanimously. ******** Bills & Payroll Trustee Finger reported that he had audited the Abstract of Claims dated October 27, 2015 in the amount of $1,203,048.54 which includes $57,474.07 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 Finger and seconded by Trustee Samwick, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated October 27, 2015 in the amount of $1,203,048.54 is hereby approved. ******** Mayors Comments Mayor Mark stated that there is a white Honda Accord in the parking lot with its blinker lights flashing. If anyone in the audience is the owner of that vehicle, please attend to it. Village Board of Trustees 10/27/2015 411 Mayor Mark stated that he had no other comments. He noted that last Thursday he gave a half hour State of the Village Address. The Address is posted on the Village website, www.scarsdale.com so that anyone who wants to read it is available for viewing. He stated that he felt it was a fairly comprehensive summary. ******** Managers Comments Village Manager Pappalardo recognized Assistant to the Village Manager Josh Ringel to give a brief report on a request by the Mayor to consider some web site enhancements relative to a dedicated location for the written communications that the staff places on the Village Board agendas and also some opportunity where the Village might be able to create a chatroom or forum for comments by the residents. Assistant to the Village Manager Ringel has been doing some work in that area and will report it publicly and to the Board. Assistant to the Village Manager Ringel stated that in an effort to increase transparency of written communications that are included on the Village Board meeting agenda will now be posted online on the Village’s website, www.scarsdale.com. There will be links for the written communications under the Board of Trustees’ page and the Village Clerk page. These written communications will be searchable by name, address, subject, received date, and Board meeting date. This function will be effective for the November 10, 2015 Village Board meeting of this year. Mr. Ringel continued, stating that staff also met and discussed the feasibility of a web-based chatroom or forum dedicated to local land use development issues to enhance citizen engagement and public commenting processes. There are some concerns regarding this type of web-based chatroom forum, including establishment of policies and rules, staff time required, site entrance rules, legal issues, and in-house versus third party operation and moderation. An email to a third party moderating service revealed their costs to be about $6,000 per year. An alternate choice is a web-based chat or forum module as a function of the new website design currently being researched by Village staff. He and Chris O’Brien, Director of IT, plan to review the functionality of these forum modules. This would be a cost effective solution as to commencing a web-based forum. However, it is unclear how much time it would take in terms of moderation. Should we choose to integrate a web- based chat or forum function with the new website design, the function would likely not be available until the redesign is finalized and completed which is at least 3-6 months from today. Finally, Mr. Ringel stated that any web-based chat or forum implementation would require the addition of a new policy to be adopted by the Village Board to the Village of Scarsdale Administrative Policies and Procedures Manual. Village Board of Trustees 10/27/2015 412 Mayor Mark stated that the work that Mr. Ringel is doing was prompted in part by comments received from a resident at the time the Board was considering the gravel law proposal. The Board thought that they were good suggestions, both to increase transparency in terms of the information that is received by the Board and that is already considered part of the public record in terms of the communications received. In terms of the chat room, there are a lot of issues to be dealt with. However, he stated that he is confident that staff will look into this and come up with a suggestion for the Board to consider. One of the things that might be considered in this regard instead of just having a general chat room is perhaps even having an issues specific chat room that has a sunset date which will focus the discussion that might come across such a site and also cut down on the types of issues that the site can present. He thanked Mr. Ringel for his ongoing work in this regard. ******** Public Comments Andrew Hartzell, Member of the American Legion Post 52, stated that he has been asked to say a few words about the proposal for transferring the monuments at the Memorial Garden to the Village and providing an annuity which will provide the Village with $5,000 per year for next 20 years. He wanted to say one brief historical thing about this situation. The Memorial Garden was started in Scarsdale in December 1953 at the end of the Korean War. It was then a garden that belonged to the Legion Post 52 and on Legion property. In 1967 the Village bought the property from the American Legion, a two acre plot on Mamaroneck Road with the commitment to maintain it as a memorial garden. Jumping ahead to 2001, Mr. Hartzell stated that the Legion leased the right from the Village to add a number of memorials and improvements and that was done and they are, as those who have visited the Memorial Garden have seen, are very extensive. All the Scarsdale dead of every war beginning with the American Revolution are memorialized. It is a beautiful site. The American Legion Post has been basically maintaining all of those memorials since they were erected 15 years ago but unfortunately, time moves on for people and the membership in the Memorial Committee of the Legion is dwindling with age. He offered the regrets of Admiral Nelson Heyer who is the Commander of the Memorial Legion who could not be at the meeting this evening. Mr. Hartzell stated that the proposal now, taking into account the diminishing number of people in the Memorial Committee that owns this property which is a separate corporate organization from the Legion, but is part of the Legion, is to turn over all those monuments and improvements to the Village and establish the annuity fund. That is why he is present this evening. He stated he would be happy to answer any questions. Village Board of Trustees 10/27/2015 413 Mr. Hartzell added that the garden encompasses the whole history of Scarsdale in every war since the American Revolution and is of great historical value both as a site to be seen and as an educational tool for our children. The Parks and Recreation Department is going to run it and has been doing a wonderful job in taking charge in the last few months. Mayor Mark thanked Mr. Hartzell and the American Legion for the gift. The Board has been to the Memorial Garden at various times and it is a wonderful contemplative site and a fitting memorial to the ultimate sacrifice of those that it honors. He thanked Mr. Hartzell once again. Robert Harrison, 65 Fox Meadow Road, complimented Andrew Hartzell on his comments and urged every resident including their children to visit the Memorial Gardens. It is quite impressive and something we all should be proud of and maintain. Mr. Harrison thanked Assistant to the Village Manager Josh Ringel for his report on communications, transparency and openness. This is something that he feels strongly about and he also complimented Mayor Mark and the Board again for hearing the community comments at their last meeting during the public hearing on the proposed lot coverage law. He also appreciated the time and effort put into this matter, and the Board made the right decision in the end. Mr. Harrison commented on the use of the Scarsdale television channels, stating that last night there was an excellent meeting on the Library expansion in the Third Floor Meeting Room. The Fundraising Committee presented details of future restoration and renovations of the Library. He strongly urged each and every Trustee who chairs a committee that the Village should be televising these meetings in the Third Floor Meeting Room. The equipment is there and it is easy to do. Every resident should be able to watch the discussion and the presentations. This particular project seems to be turning into a major project. It has gone from $12 ½ million to $19 ½ million and the Library Board and Fundraising Committee is asking the Village to make a significantly greater contribution than they have already committed to. Hopefully the community will hear more about that. He also noted that the Board held an earlier meeting where they discussed changing the meters downtown. On written communications, Mr. Harrison stated that he often asks for a copy of the agenda. Although the written communications are listed on the agenda, the actual correspondence is not part of the public agenda packet. In the future he would like to see the correspondence attached to the public agenda packet. Regarding the idea of a chat room, he stated that he has long been concerned about scarsdale10583 which is a privately run internet site where people can make comments and not put their names down. He felt that this is shameful in a community such as Scarsdale. If there is a chat room on our Village website, he would think that those that put in comments will have to put their name and address in. It is an excellent idea to enhance communication. Village Board of Trustees 10/27/2015 414 Concerning the Library project, Mr. Harrison stated that it is still early for comments from the public and noted that some residents he has spoken to are not even aware of the plans. The Village should use their resources to get public opinion to help them in making their decisions. There being no further comments, Mayor Mark closed the public comments portion of the meeting. ******** Finance Committee Trustee Samwick reported on the statements of expense and revenue for the various funds of the Village for the first four months of fiscal year 2015-2016. General fund appropriations were 28.06% spent as of September 2015, which is a modest decrease from the 28.52% in 2014-2015. General Fund Revenues other than property taxes are $6,099,386 through September 2015 compared to $6,196,630 through September 2014, a decrease of $97,200. Building Permit revenue (included in License and Permit revenue) is $133,100 less than last year’s record pace. Please note that the 2014-2015 first quarter License and Permit revenue included a single permit fee of $91,000. Tax penalties and delinquent tax collections are down $53,200 as the balance of taxes and liens declined from last year. Public Utility Tax, Sales Tax, Department Fees, Property Rental Income, Licenses and Permits, Insurance Recoveries, Federal Aid and Mortgage Tax are down an aggregate of $257,800. Parking Permit and Meter revenue, Recreation fees, and Court Fines increased a total of $518,900. State aid is down $5,500. The actual collection of Village taxes through September 30, 2015 is at 98.64% which is down 0.10% from the last year’s collection percentage of 98.74%. ******** Before reading the next resolution, Trustee Samwick stated that he would like to thank the members of the American Legion present for attending this evenings meeting. He thanked them for everything that they have done and contributed to this community. Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding the Acceptance from the American Legion, Soldiers, Sailors & Marines Memorial Committee Inc., (The “Memorial Committee) (A) Plaques, Monuments, and other Properties owned by the Memorial Committee, and (B) Proceeds from an Annuity to be Purchased by the Memorial Committee was approved by the vote indicated below: Village Board of Trustees 10/27/2015 415 WHEREAS, the Village of Scarsdale and the Memorial Committee entered into an agreement on September 22, 1967 (attached) by which the Village acquired from the Memorial Committee land owned by the Memorial Committee on Mamaroneck Road and identified as Section 21, Block 1, Lot 43 on the tax map of the Village of Scarsdale and agreed to maintain said property as a “Living Memorial” for military veterans; and WHEREAS, the Village of Scarsdale and the Memorial Committee entered into a License Agreement on March 16, 2001 (copy attached) which permitted the Memorial Committee to make improvements to the Memorial Garden which is owned by the Village identified as Section 21, Block 1, Lot 43 on the tax map of the Village of Scarsdale; and WHEREAS, the Memorial Committee, as licensee, improved the Memorial Garden on the approximate two acre site in accordance with the March 16, 2001 license agreement and a subsequent Amendment #1 dated June 29, 2010, which now includes a walled entrance, walkway, curbs, trees, bushes, plaques, flagpoles and monuments that reflect Scarsdale’s involvement in every major war including the Revolutionary War, War of 1812, Civil War, Spanish American War, World War I, World War II, Korean War and Vietnam War, and, in addition, a 911 monument dedicated to those that died in the World Trade Center, Pentagon attack, USS Cole and United Airlines Flight 152; and WHEREAS, the Memorial Committee desires to transfer ownership of all such plaques, monuments and other improvements to the Village of Scarsdale and has expressed interest by purchasing an annuity with adequate funding and naming the Village of Scarsdale to receive an annual distribution for 20 years for the purpose of maintaining the Memorial Garden; and WHEREAS, the maintenance to be provided by the Village shall include, but is not limited to, ground maintenance, seeding, treatment of turf, irrigation maintenance, tree and shrub care and planting, maintenance and cleaning of plaques and monuments, maintenance of the walkways, flag poles and lights, and any other maintenance necessary to maintain and preserve the Memorial Garden; and WHEREAS, the Memorial Committee or its designee shall provide the Village of Scarsdale with an annual distribution from an annuity in an amount not less than $5,000, on or before June 1 of each year for 20 years; now, therefore, be it Village Board of Trustees 10/27/2015 416 RESOLVED, that the Village Board herein accepts ownership of all the plaques, monuments and other improvements which now constitute the Memorial Garden located on Mamaroneck Road, Scarsdale, NY; and be it further RESOLVED, that the Village Manager is authorized to accept the annual payments described above for the purposes of maintaining the Memorial Garden; and be it further RESOLVED, that the acceptance of these properties and this annual gift is determined to be consistent with the Village of Scarsdale’s Gift Policy #106 and that future acceptance by the Village of such annual annuity distributions from the Memorial Committee does not require further action by the Village Board of Trustees; and be it further RESOLVED, that the Village Manager is authorized to execute an agreement with the Memorial Committee to effectuate the transfer of said properties at the Memorial Garden to the Village for the purpose of maintaining the Memorial Garden and take all necessary administrative steps consistent with the intent of this resolution. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding the Acceptance of a Gift from the Ross Family was approved by a unanimous vote: WHEREAS, the Scarsdale Library Board completed a Master Plan dated June 10, 2013 which identifies a number of building renovations and additions that will increase the capacity of the Library to provide a broader range of rapidly evolving library services while maintaining popular traditional collections and programs by offering a more balanced utilization of the building space within a safe, attractive and inviting comfortable environment; and Village Board of Trustees 10/27/2015 417 WHEREAS, the improvements identified in the Master Plan will transform the Library into a multi-purpose community asset for future generations, maintain its preeminent status among free public libraries in the County and State, enhance its technological capacity to further library services and create a physical environment that will be a welcoming and versatile learning center; and WHEREAS, the investment for creating this future environment of additions, alterations and renovations is presented in the June 10, 2013 Village of Scarsdale Library Master Plan and estimated at a cost of approximately $12 million, subject to further revisions, to be implemented in phases over a multi-year period, that keeps the Library open throughout the construction; and WHEREAS, the Scarsdale Public Library Board, at their October 21, 2013 meeting, authorized the retention of the fund raising consulting firm of Plan A Advisors, P.O. Box 165, Thornwood, NY 10594, to design and conduct a capital campaign to implement the projects in a June 10, 2013 Master Plan, since supplemented by a July 20, 2015 schematic design report prepared by the project architect Dattner Architects, said 2013 authorization supported by the Scarsdale Village Board of Trustees via resolution dated April 8, 2014 (attached); and WHEREAS, Susan and Seth Ross have offered to donate $1,500 toward the Scarsdale Public Library Master Plan Capital Campaign; and WHEREAS, pursuant to Policy #106: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; now therefore be it RESOLVED, that the Village Board hereby accepts the gift of $1,500 from Susan and Seth Ross toward the Scarsdale Public Library Master Plan Improvement Project; and be it further RESOLVED, that the Village Treasurer take the necessary steps to complete the transaction and accept this financial gift of $1,500 and deposit it in the Library Capital Campaign Account; and be it further RESOLVED, that the Board of Trustees hereby extends their heartfelt thanks and great appreciation to Susan and Seth Ross for their generosity to the Library and the Scarsdale Community. ******** Village Board of Trustees 10/27/2015 418 Law Committee Upon motion entered by Trustee Lee, and seconded by Trustee Pekarek, the following resolution regarding the Findings of the Village of Scarsdale Board of Trustees Regarding the Appeal of 11 Carstensen Road, Scarsdale, New York was approved by the vote indicated below: WHEREAS, 11 Cartensen Road, Scarsdale, New York is a single family, two story dwelling (hereinafter “the Property”) designed by architect John P. Walter and constructed by Walter Collett, a recognized builder in Scarsdale, on or about 1925; and WHEREAS, pursuant to an application to demolish the Property, the Committee for Historic Preservation (hereinafter “the Committee”) met on July 21, 2015 and determined by a vote of 6-0 with one person abstaining that the Property was of substantial historical importance to the community based upon the criteria specified is Scarsdale Village Code (SVC) §182-5; and WHEREAS, SVC §182-11 provides that any owner aggrieved by a decision of the Committee with respect to the issuance of a certificate of appropriateness or the grant of a certificate of appropriateness with conditions may appeal to the Board of Trustees by filing a written notice of appeal with the Village Clerk within 30 days from the date that notice of the decision of the Committee is mailed to the owner; and WHEREAS, by letter dated August 20, 2015, the property owner through their representative filed a formal appeal letter with the Village requesting a hearing before the Village Board of Trustees; and WHEREAS, on September 24, 2015 the Village Board of Trustees sitting as a committee of the whole held a de novo hearing to determine whether the Property meets the criteria stated under SVC §182-5; and WHEREAS, in addition to the record from the CHP proceeding, the owner and those opposing the appeal being represented by counsel provided the Village Board with written submissions for consideration during their deliberations. The Village Board also received and considered written communications from the public at large; now therefore be it RESOLVED, that applying the criteria under SVC§182-5, the Village Board makes the following findings of fact: Village Board of Trustees 10/27/2015 419 A. Whether the building is associated with events that have made a significant contribution to broad patterns of Village, regional, State or natural history. 1. There is no evidence in the record or otherwise to support a claim that the Property is associated with an event or events that have made a significant contribution to the history of Scarsdale. The record suggests that the development of the Cartensen Road area might constitute a significant event in Scarsdale’s history. However, because SVC Chapter 182 does not recognize historic districts, the Village Board finds that although Walter Collett was a recognized builder in Scarsdale and Cartensen Road was the first neighborhood to be completed by Collett, that evidence is insufficient to support a historical designation under SVC Chapter 182-5(A). 2. The Village Board also notes that the Property is not identified in the Reconnaissance Level Cultural Resource Survey Report (2012), which provides a snapshot of the Village’s architectural fabric as a preliminary effort to identify buildings and areas with potential architectural or historical significance. We further find the Committee’s determination that the Property’s depiction in a book showing Collett’s collection of homes built is insufficient to support a designation under SVC Chapter 182. B. That the building is associated with the life of a person or persons of historical significance. 1. The Village Board finds that although the house was designed by John P. Walter for William Haines and built by Collett, the building or the Property is not associated with the life of a person of historical significance. C. That the building is the work of a master and embodies the distinctive characteristics of a type, period, or method of construction that possess high artistic values. 1. The Village Board finds that while Collett was an architect and a recognized builder in Scarsdale, the record does not support a finding that his work was acknowledged or recognized by his peers as the work of a “master” or an innovative architectural leader and/or builder. Nor is there any evidence to support a finding that Collett was the recipient of professional awards or accolades for his work as an architect and builder. 2. While the CHP’s investigative effort in reaching out to Andrew Dolkart, Director of the Historic Preservation Program at Columbia Village Board of Trustees 10/27/2015 420 University, is laudable, it did not establish Collett as a master architect pursuant to the subject village code provision. The emails from Professor Dolkart, state that Collett, a builder of more than 300 homes in Scarsdale, was an important local figure. However, Professor Dolkart does not state that Collett was a “master” based upon his architectural design and method, style or quality of construction. In fact, Professor Dolkart notes that many of the houses in Scarsdale are not done by “masters”, but by local architects who may have been quite talented and done excellent work without being “masters”. Accordingly, the Village Board finds that the Property is not the work of a master. 3. The Village Board also finds that the Property does not possess high artistic values based upon the type, period and method of construction. The Village Board notes that Collett built more than 300 homes in Scarsdale, many of which are Tudor style. While the community has more than 1000 Tudor homes, the Property is not unique or uncommon. Its type, period and method of construction does not give it high artistic values. D. That the building has yielded or may be likely to yield information important in prehistory or history. 1. The Village Board finds that the record is devoid of any information that would support a finding that the Property yielded or may yield information important in prehistory or history; and be it further RESOLVED, the Village Board finds that preservation of a building based upon the notion of retaining the characteristics of other houses in the neighborhood is not a criterion for consideration when designating a property historic; and be it further RESOLVED, that resident concern expressed regarding the potential subdivision of the Property and potential construction on the lots if the subject structure is demolished is a legitimate concern. However, this concern cannot be addressed through SVC §182, a narrowly drawn law. The application of that chapter substantially limits an owner’s property rights. As a result, its terms must be applied only when there is substantial evidence to support historic designation; and be it further RESOLVED, that based upon the forgoing, the Village Board herein grants a Certificate of Appropriateness to the owner of 11 Cartensen Road for the demolition of the existing structure located at 11 Cartensen Village Board of Trustees 10/27/2015 421 Road, subject to the applicable requirements, rules and regulations of the Village of Scarsdale Building Department. 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 Pekarek, the following resolution regarding the Findings of the Village of Scarsdale Board of Trustees Regarding the Appeal of 1023 Post Road, Scarsdale, New York was adopted by the vote indicated below: WHEREAS, 1023 Post Road, Scarsdale, New York is a single family, two story dwelling (hereinafter “the Property”) built in 1910, and designed by an architect whose name is unknown; and WHEREAS, pursuant to an application to demolish the Property, the Committee for Historic Preservation (hereinafter “the Committee”) met on July 21, 2015 and determined by a vote of 6 to 1 that the Property was of substantial historical importance to the community based upon the criteria specified in Scarsdale Village Code (SVC) §182-5; and WHEREAS, SVC §182-11 provides that any owner aggrieved by a decision of the Committee with respect to the issuance of a certificate of appropriateness or the grant of a certificate of appropriateness with conditions may appeal to the Board of Trustees by filing a written notice of appeal with the Village Clerk within 30 days from the date that notice of the Committee’s decision is mailed to the owner; and WHEREAS, by letter dated August 26, 2015 (attached), the property owner through their representative filed a formal appeal letter with the Village requesting a hearing before the Village Board of Trustees; and WHEREAS, on September 24, 2015 the Village Board of Trustees sitting as a Committee of the Whole held a de novo hearing to determine whether the Property meets the criteria stated under SVC §182-5; and Village Board of Trustees 10/27/2015 422 WHEREAS, in addition to the record from the CHP proceeding, the property owner and those opposing the appeal being represented by counsel provided the Village Board with written submissions for consideration during their deliberations. The Village Board also received and considered written communications from the public at large; now therefore be it RESOLVED, that applying the criteria under SVC §182-5, the Village Board makes the following findings of fact: A. Whether the building is associated with events that have made a significant contribution to broad patterns of Village, regional, State or natural history. 1. There is no evidence in the record to support a claim that the Property is associated with an event or events that have made a significant contribution to the history of Scarsdale. B. That the building is associated with the life of a person or persons of historical significance. 1. There is no evidence in the record to support a claim that the Property is associated with the life of a person or persons of historical significance. C. That the building is the work of a master and embodies the distinctive characteristics of a type, period, or method of construction that possess high artistic values. 1. The record indicates that the architect and builder of the Property is unknown, which makes it difficult to answer the question whether the building is the work of a master. The CHP suggest that by looking at the Property, one can tell whether it is the work of a master. In doing so, the CHP relied upon the fact that the Property appears in the Village’s Reconnaissance Level Cultural Resource Survey Report (2012). However, this Board has often explained that the Village’s Reconnaissance Level Cultural Resource Survey Report is a snapshot of the Village’s architectural fabric and is a preliminary effort to identify buildings and areas with potential architectural or historical significance. The inclusion of a property in this report is not dispositive on the issue of whether a property is architecturally or historically significant. 2. In addition, the short write up contained in the Reconnaissance Level Cultural Resource Survey Report regarding the Property Village Board of Trustees 10/27/2015 423 may be helpful in describing the unique characteristics that enhances the property’s architectural significance. However, the Village Board finds that the stucco house filled with “homey” details, such as the benches built into an alcove on the façade, the bands of multi-pane windows; the sun porch and port-cochere, steep roof slopes with arched dormers etc… may be unique, but do not reflect the type of “masterful” style and construction or high artistic values to warrant historic designation. The testimony and report of John Baker, AIA and the letter from Shelly E. Smith, AIA support the Village Board’s conclusion on this point. 3. The Village Board also finds that the Property consists of several styles including, Arts and Craft, Prairie, and craftsman, which is a unique mix-match of styles. However, being unique does not equate to the requirement that the type, period and method of construction reflect high artistic values to support designation under SVC §182. 4. Professor Andrew Dolkart, Director of Historic Preservation Program at Columbia University, opined that the Property as an “Arts and Craft house is quite wonderful and we listed it as an excellent example of that type of design.” This statement supports the uniqueness of the house, but does not give sufficient rise to the evidentiary standard required to find the Property to be the work of a master and reflect the high artistic values to warrant historic designation under SVC §182. D. That the building has yielded or may be likely to yield information important in prehistory or history. 1. There is no evidence in the record to support a claim that the Property has yielded or may be likely to yield information important in prehistory or history; and be it further RESOLVED, that the Village Board also finds the Property is not listed on the National Register of Historic Places, New York State Register of Historic Places or Westchester County Inventory of Historic Places; and be it further RESOLVED, that the Village Board also finds that the owner/applicant by letter dated August 26, 2015, which is incorporated herein and made a part hereof, indicated a willingness to accept the imposition of certain requirements as a condition of the issuance of a certification of appropriateness; and be it further Village Board of Trustees 10/27/2015 424 RESOLVED, that based upon the forgoing, the Village Board of Trustees grants a certificate of appropriateness to the owner/applicant of 1023 Post Road for the demolition of the existing structure subject to the following conditions: a) That any proposed home at that location include, embody and replicate to the extent possible and acceptable to the Board of Architectural Review (BAR), the “Arts and Craft” style as illustrated by the existing structure located at 1023 Post Road. This may include, but is not limited to the “homey” architectural details noted in the Reconnaissance Level Cultural Resource Survey Report (2012). b) The Board of Architectural Review shall have complete jurisdiction over the style and appearance of any proposed structure to be built at 1023 Post Road. c) No demolition permit shall be issued by the Building Department until the owner/applicant has received final structure and design approval from the BAR. d) Any changes or alterations to the design must be approved by the BAR. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Upon motion entered by Mayor Mark, and seconded by Trustee Lee, the following resolution regarding the Appointment of Village Justice to Serve the Unexpired Term of the Honorable John Galloway was approved by a unanimous vote: WHEREAS, in accordance with the letter dated September 15, 2015, attached hereto, Village Justice John Galloway has informed Village Manager Stephen Pappalardo of his resignation as Village Justice due to his retirement effective October 31, 2015; and WHEREAS, pursuant to New York State Village Law §3-302(3), the Village Justice shall serve a four (4) year term, and Village Justice John Galloway is currently serving a term which commenced on April 2, 2012 and expires on April 4, 2016; and Village Board of Trustees 10/27/2015 425 WHEREAS, pursuant to Village Law §3-312 (3)(b)(1), vacancies in public offices prior to the expiration of the term of such office shall be filled by the Mayor for the balance of the official year; and WHEREAS, pursuant to Village Law §3-301(2)(a), the Acting Village Justice shall serve in the absence or inability of the Village Justice; and WHEREAS, the Mayor appointed Joaquin Alemany as Acting Village Justice via resolution dated April 14, 2015, attached hereto, for a one (1) year term coinciding with the official year of the Village of Scarsdale commencing on April 6, 2015 and expiring on April 4, 2016; now therefore be it RESOLVED, that pursuant to the provisions of Village Law §3-312 (3)(b)(1), the Mayor hereby appoints Joaquin Alemany, residing at 11 Reimer Road, Scarsdale, New York as Village Justice for the unexpired term of John Galloway, effective October 31, 2015 and expiring at the end of the official year on April 4, 2016. ******** Before reading the next resolution, Trustee Lee briefly described the law that would be amended should it be adopted after the public hearing is held. The law that currently exists in the Village Code sets up a requirement that engine driven power tools and motorized equipment can only be used during certain hours on weekdays and on the weekend. This proposed change would expand this requirement to cover noise making construction activity including but not limited to hammering, ditch digging, scraping, unloading and vehicle backup signaling. It expands the types of thing that cannot be done except during specified hours. Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding Calling for a Public Hearing on a Local Law to Amend Chapter 205 – Noise of the Scarsdale Village Code 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, November 10, 2015, at 8:00 p.m. to consider a proposed local law to amend Subsection A of Section 205-2 of the Scarsdale Village Code concerning prohibiting construction noise during certain hours; 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 Village Board of Trustees 10/27/2015 426 Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Fire Commissioner Upon motion entered by Trustee Pekarek, and seconded by Trustee Lee, the following resolution regarding the Award of Fire Commendations for an Incident in January 2015: A Unit Citation, and the Honorable Service Award was adopted by a unanimous vote: WHEREAS, the members of the Scarsdale Fire Department are relied upon to protect and assure the safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a firefighter performs his or her duties in an especially professional and outstanding manner their actions should be commended; and WHEREAS, on January 18, 2015 the Scarsdale Fire Department was dispatched to a motor vehicle accident on the Hutchinson River Parkway involving multiple vehicles, with reported injuries and occupant entrapment; and WHEREAS, with the balance of the Fire Department response delayed due to black ice conditions, Engine 55 arrived on-scene first and operated alone for several minutes, with Captain Gleason having assumed command upon his delayed arrival; and WHEREAS, Firefighter Desimone found four vehicles involved, triaged the incident under extreme conditions, and determined the priority was addressing the patient trapped in their vehicle against a tree; and WHEREAS, the vehicle in question had slid off the roadway impacting the tree, crushing the driver side door onto the driver and pinning his left leg, as well as catching his foot on the emergency brake, thereby requiring that the Fire Department use the Hurst rescue tool and other equipment to remove the driver side door and raise the dashboard; and Village Board of Trustees 10/27/2015 427 WHEREAS, Firefighters Desimone and Stempel performed expertly and without hesitation to extricate the patient, enabling the Fire Department and Scarsdale Volunteer Ambulance Corps to proceed with medical care and transportation of the patient; and WHEREAS, Firefighters Desimone and Stempel showed professionalism and perseverance beyond their normal firefighting duties in an extremely difficult and dangerous situation, supported by the expertise of Firefighters Ciraco, Rosenfeld and M. Dwyer; and WHEREAS, the Fire Department Awards Committee has recommended that Captain Allan Gleason, Firefighters William Ciraco, Michael Dwyer, Jeremy Stempel, Mark Rosenfeld and Daniel Desimone receive the Unit Citation; and WHEREAS, the Fire Department Awards Committee has additionally recommended that Firefighters Daniel Desimone and Jeremy Stempel receive the Honorable Service Award; now, therefore, be it RESOLVED, that the Village Board hereby award the Unit Citation to Captain Allan Gleason, Firefighters William Ciraco, Michael Dwyer, Jeremy Stempel, Mark Rosenfeld and Daniel Desimone; and be it further RESOLVED, that the Village Board hereby award the Honorable Service Award to Firefighters Jeremy Stempel and Daniel Desimone. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Lee, the following resolution regarding the Award of a Fire Commendation for an Incident in July 2015: A Unit Citation was adopted by a unanimous vote: WHEREAS, the members of the Scarsdale Fire Department are relied upon to protect and assure the safety and welfare of the residents of the Village of Scarsdale; and WHEREAS, when a firefighter performs his or her duties in an especially professional and outstanding manner their actions should be commended; and WHEREAS, on July 19, 2015 the Scarsdale Fire Department was dispatched to a motor vehicle accident on Palmer Avenue with a reported rollover and entrapment of the occupants; and Village Board of Trustees 10/27/2015 428 WHEREAS, Captain Cockerill immediately called for a third engine and ladder truck and, upon arrival, Firefighters Kelly, T. Dwyer, Polockow, DiMichele, Mytych, Duffy, Feineis and Folkerts performed with the utmost professionalism, teamwork and proficiency to quickly stabilize the side-resting vehicle, thereby providing safe access to administer the patient medical care; and WHEREAS, under Captain Cockerill’s command, members stretched a protection hose line and the vehicle’s roof was removed using Hurst rescue tools to free the trapped driver; and WHEREAS, all members operated safely and effectively to get the patient into the care of Scarsdale Volunteer Ambulance Corps as quickly as possible; and WHEREAS, these Fire Department personnel utilized their training, preparation and skills to extricate the trapped driver from the vehicle; and WHEREAS, the Fire Department Awards Committee has recommended that Captain John Cockerill, Firefighters Brian Kelly, Thomas Dwyer, Jamie Polockow, Christopher DiMichele, Christopher Mytych, Timothy Duffy, Christopher Feineis and William Folkerts receive the Unit Citation; now, therefore, be it RESOLVED, that the Village Board hereby award the Unit Citation to Captain John Cockerill, Firefighters Brian Kelly, Thomas Dwyer, Jamie Polockow, Christopher DiMichele, Christopher Mytych, Timothy Duffy, Christopher Feineis and William Folkerts. ******** Recreation Committee Upon motion entered by Trustee Callaghan, and seconded by Trustee Pekarek, the following resolution regarding Acceptance of a Gift – Benches and Tree was adopted by a unanimous vote: WHEREAS, pursuant to Policy #106: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; and WHEREAS, Lindsay Deak-Friedman, who was raised in the Village of Scarsdale, passed away unexpectedly in her sleep on May 25, 2015, at the age of 37; and Village Board of Trustees 10/27/2015 429 WHEREAS, Lindsay’s parents, who still reside in Scarsdale, and other family members are desirous of donating three benches and a tree in memory of Lindsay at the Audrey Hochberg Pond Preserve located in Harwood Park; and WHEREAS, Village of Scarsdale staff worked with a landscape architect from the firm of RG Roesch Architects to update their 2013 master plan for the Audrey Hochberg Pond Preserve to make further recommendations for the site relative to the placement of benches and trees; and WHEREAS, RG Roesch Architects amended their 2013 master plan to properly site the addition of three benches and a tree in the Audrey Hochberg Pond Preserve; and WHEREAS, the estimated value of the donation by the Deak–Friedman family of three benches, a tree and memorial plaque, to be placed on one of the four donated items in accordance with the updated master plan for the Audrey Hochberg Pond Preserve, is $3,500; and WHEREAS, the Deak–Friedman family has expressed interest in making future donations in memory of Lindsay to support continuing maintenance, repairs or replacement of the donated items; now therefore be it RESOLVED, that the Village Board of Trustees hereby accepts the gift of three benches, a tree, and a single dedication plaque to be placed on one of the four items, at the Audrey Hochberg Pond Preserve located in Harwood Park, in honor of former Scarsdale resident Lindsay-Deak Friedman and further accepts any future donations for the maintenance, repair or replacement of same; and be it further RESOLVED, that the Village Board of Trustees herein extends their thanks to the Deak-Friedman family for their generous gift to the community. ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution regarding Authorization to Execute a Revocable License Agreement for the Operation of a Valet Service at the Freightway Garage was adopted by the vote indicated below: Village Board of Trustees 10/27/2015 430 WHEREAS, via resolution dated August 14, 2007 (attached), the Village Board of Trustees authorized the execution of a license agreement with ProPark America, 7 Washington Avenue, Hastings-on-Hudson, NY 10706, (ProPark) to operate a valet parking service at the Village- owned Freightway Open Lot and Level 1A of the Freightway Garage; and WHEREAS, in 2008, the Village renegotiated the agreement to provide ProPark temporary use of the Beatty Parking Lot to offset the partial loss of the Freightway Open Lot to be used for construction staging activity associated with the Popham Road Bridge Replacement Project, said agreement approved by the Village Board via resolution dated September 23, 2008 (attached); and WHEREAS, after five years with ProPark America operating an established Village valet parking program, Village staff believed it was prudent to undertake a Request for Proposal (RFP) process to solicit proposals from other valet operators in a growing and expanding valet parking market; and WHEREAS, on January 19, 2012, the Village Manager advertised an RFP for qualified valet vendors to submit proposals to operate a valet parking program at the Freightway Garage Open Lot, Level 1A, and until the completion of the Popham Road Bridge replacement, the Beatty Parking Lot (now no longer included in the agreement); and WHEREAS, in view of their local government service experience, quality of operations, and commitment to customer service excellence, ProPark was selected from among five interested vendors and a three year contract was authorized by the Village Board via resolution on July 10, 2012 (attached), with ProPark providing exceptional service to Scarsdale residents and businesses over the three-year term of said agreement; and WHEREAS, in recognition of the complexity of managing the popular Scarsdale valet service, the responsiveness of ProPark staff to Village requests, and the level of service enjoyed by ProPark customers, staff has negotiated terms of a new license agreement with ProPark to continue to operate the valet parking service, including but not limited to the following: 1. Thirty-six month agreement with an effective term of November 01, 2015; Village Board of Trustees 10/27/2015 431 2. Monthly rent of $13,690 for the first twelve months of the agreement, monthly rent of $14,374 for months thirteen through twenty four, and monthly rent of $15,093 for months twenty five through thirty six; 3. ProPark may charge monthly valet parking permit fee of $135 per vehicle ($160 for oversized vehicles) for the first year of the agreement; $140 ($165 for oversized vehicles) for the second year of the agreement and $145 ($170 for oversized vehicles) for the third year of the agreement, representing a $10 increase in year one, followed by $5.00 increases for years two and three; 4. ProPark shall make available and advertise Hourly Transient Parking for Scarsdale businesses and customers at a rate not to exceed $1.00 more ($1.50 for oversized vehicles) than the hourly rate published in the Scarsdale Fees and Charges Schedule, which is currently $1.00/Hr., nor to exceed in total the agreed Transient Daily Rate, which is $13.00 ($17.00 for oversized vehicles). 5. ProPark to perform site maintenance including, but not limited to: garbage removal, snow removal, pot hole repairs and striping; 6. Indemnification and hold harmless of the Village by ProPark and the provision of a liability insurance certificate naming the Village as an additional insured; and WHEREAS, ProPark America’s proposed increase in payments to the Village from the current monthly rate of $13,038.01 to the new proposed rate of $13,690.00 represents an initial 5% increase, thereby generating 12% greater Village revenue over the term of the three- year agreement while also minimizing ProPark customer rate increases; now, therefore, be it RESOLVED, that the Village Manager is herein authorized to execute a License Agreement with ProPark America, 7 Washington Avenue, Hastings- on-Hudson, NY 10706, in substantially the same form as attached hereto, to operate a valet parking service at the Village-owned Freightway Open Lot and Level 1A of the Freightway Garage in accordance with the terms and conditions of said agreement; and be it further Village Board of Trustees 10/27/2015 432 RESOLVED, that the Village Manager is herein authorized to undertake 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 ******** Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding the Award of VM Contract #1190 - Scarsdale Water Department Garage Roof Repairs was approved by the vote indicated below: WHEREAS, the slate roof at the Water Department Garage, located at 25 Ramsey Road, Scarsdale, New York is over 40 years old and has experienced multiple leaks over the past several years; and WHEREAS, an appropriation of $65,000 is included in the FY 15/16 Capital Budget – Water Enterprise Fund, for the design and construction of the Water Department Garage roof repairs; and WHEREAS, in September 2015 the Village entered into an agreement (attached) with Watsky Associates, Inc. (Watsky), 20 Madison Avenue, Valhalla, NY for $12,500 to design the Water Department Garage roof repairs, prepare bid documents and provide construction administration services; and WHEREAS, in accordance with the aforementioned agreement Watsky investigated and evaluated the general configuration and condition of the Water Department Garage roof, providing a summary of their findings and recommendations for short-term roofing repairs and a long-term roof rehabilitation plan; and WHEREAS, Lou Musico, RA, Watsky Associates, completed his roof evaluation (attached) and recommended within the next several years the replacement of the entire roof with either slate, synthetic slate or asphalt shingles at a cost of $350,000 - $700,000 and this work would also include chimney repairs and the installation of insulation along with new flashing, gutters, leaders and snow guards; and Village Board of Trustees 10/27/2015 433 WHEREAS, Mr. Musico further recommended that in the short term the Village replace broken and missing slates and repoint the ridge caps and hips; and WHEREAS, the bid documents pertaining to the short-term repairs were completed in October 2015 and the scope of work includes the replacement of 200 missing / broken slates, repointing of all ridge caps and hips and the cleaning of all gutters and leaders; and WHEREAS, the total base bid work also includes the replacement of an additional 50 slates at a specified per slate cost to be utilized if more broken or missing slates are encountered during the repair work; and WHEREAS, on Friday, October 2, 2015, the Village advertised for the receipt of bids under VM Contract #1190 – Scarsdale Water Department Garage Roof Repairs and held a pre-bid meeting on Friday, October 9, 2015; and WHEREAS, on the bid opening date of October 20, 2015, four sealed bids were received with the lowest apparent bid received from Siba Contracting Corp., 43 Wilmington Drive, Melville, NY with a base bid of $26,300; and WHEREAS, upon the review of the bids submitted it was revealed that the apparent lowest bid received from Siba Contracting Corp. was non- compliant with the contract bid requirements due to the absence of the required bid deposit; and WHEREAS, Village staff in conjunction with Luigi Musico of Watsky Associates. Inc., reviewed the remaining bids and determined that the lowest responsible bid was received from Nua Construction Corp., Ardsley NY for a lump sum bid of $34,500; and WHEREAS, Mr. Musico has verified Nua Construction’s references and reviewed the scope of work with them and he indicates in the attached recommendation letter that Nua Construction Corp. conveyed a clear understanding of the project and comfort with their bid submission; now, therefore, be it RESOLVED, that VM Contract #1190 – Scarsdale Water Department Roof Repairs, be awarded to Nua Construction Corp., 750 Saw Mill River Road, Ardsley, NY 10502, in the amount of $34,500; and be it further Village Board of Trustees 10/27/2015 434 RESOLVED, that the Village Manager is herein authorized to execute VM Contract #1190 – Scarsdale Water Department Garage Roof Repairs in the amount of $34,500 on behalf of the Village of Scarsdale with Nua Construction Corp., 750 Saw Mill River Road, Ardsley, NY 10502 and undertake all administrative acts as may be required under said agreement; and be it further RESOLVED, that the costs associated with VM Contract #1190 be charged to the Capital Budget Project Account EWS-8310-DSTRB-CAPTL-500-50. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Other Committee Reports None. ******** Liaison Reports Trustee Pekarek stated that she mentioned at the last Village Board meeting that Fire Chief Cain ran the marathon in Cape Cod and his time was 3 hours, 27 minutes, 47 seconds and he placed 70 out of well over 800. The Board of Trustees congratulated Chief Cain. ******** Written Communications Village Clerk Conkling reported that one (1) communication has been received since the last meeting from:  Susan Levine, Ardmore Road, expressing her disappointment that the Board did not adopt the proposed Local Law regarding Lot Area Coverage. ******** Village Board of Trustees 10/27/2015 435 Future Meetings Mayor Mark announced the following future meeting schedule:  Tuesday, November 10, 2015 – Personnel Committee – 7:15 P.M. – Trustees’ Room  Tuesday, November 10, 2015 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, November 10, 2015 – Board of Trustees – 8:00 P.M. – Rutherford Hall  Tuesday, November 17, 2015 – Committee of the Whole – 6:30 P.M. – Third Floor Meeting Room ******** Village Hall Schedule  Tuesday, November 3, 2015 – Election Day – Village Hall Closed/Open for Voting Only  Wednesday, November 11, 2015 – Veterans Day – Village Hall Closed ******** There being no further business to come before the Board, Trustee Samwick moved to adjourn the meeting, seconded by Trustee Lee and carried by a unanimous vote at 8:57 P.M. Donna M. Conkling Village Clerk