Board of Trustees

Village Board of Trustees 11/24/2015 462 THREE THOUSAND TWO HUNDRED FORTY-FOURTH REGULAR MEETING Rutherford Hall Village Hall November 24, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, November 24, 2015 at 8:00 P.M. Present were Mayor Mark, Trustees Callaghan, Finger, Lee, Pekarek, and Samwick. 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, November 10, 2015 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Lee, and carried unanimously. ******** Bills & Payroll Trustee Pekarek reported that she had audited the Abstract of Claims dated November 24, 2015 in the amount of $1,778,124.43 which includes $41,716.58 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 Pekarek and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated November 24, 2015 in the amount of $1,778,124.43 is hereby approved. Trustee Pekarek reported that she had audited the Abstract of Claims dated November 24, 2015 in the amount of $229,794.90 which includes $17,203.60 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 Pekarek and seconded by Trustee Lee, the following resolution was adopted unanimously: Village Board of Trustees 11/24/2015 463 RESOLVED, that the Abstract of Claims dated November 24, 2015 in the amount of $229,794.90 is hereby approved. ******** Mayor Mark noted that the Board will take the agenda somewhat out of order this evening and move to the Public Comment section of the meeting for those in the audience that want to continue to comment on the proposed residential facility by Monte Nido and Associates for property located at 2 Morris Lane. These comments are subsequent to those heard at the meeting prior to this Board meeting; the Joint Land Use and Law Committee meeting held at 6:30 p.m. Sara Brody, resident of Rye, spoke in support of the Monte Nido proposal in Scarsdale. She stated that she was the former Executive Director and currently active Board member for a non-profit organization called ‘The Project Heal’ which was started by two young women who were in treatment for their own eating disorder. She noted that they receive approximately 500 applications per year to receive financial treatment grants to be able to recover. Many people have to travel far for treatment. Young women that need the assistance that live in the surrounding areas would enable them to have the support of their family. Mark Koch, Birchall Drive, stated that he felt nothing but benevolence towards these individuals that suffer; but when he heard about medical personnel, 30 specialists, wide hallways, treatment rooms, medications, etc., he stated that some critical access hospitals that have fewer people staying in them then is proposed with Monte Nido. He noted that the hospitals he visits change their mission from time to time and treat different illnesses. He stated that his only comment is that this sounds a lot like a hospital. He would be concerned about fire and safety codes, and emergency vehicle ingress and egress. This proposal should be located in an area with better access. Susanne Beretz, Dorchester Road, stated that she can see this property from every window in her home. She noted that the bus driver deemed it unsafe to pick up her children from the corner of Dorchester Road and South Morris Lane. Cars do not stop at that stop sign. The bus company moved the bus stop. There are too many cars that run between Heathcote and Wilmot without stopping at that stop sign. That area is too busy already. She expressed her concern about Saturday family visits at the site and where the parking for those cars would be. She stated that she has no objection to a home situated somewhere in Scarsdale for this purpose; however, this is not the right location. Ms. Beretz, a former EMT, felt strongly that it would be very difficult to get an ambulance in and out of that particular site. She expressed great concern for her children with the additional traffic this would create; this is a commercial institution being placed in a residential area with over 100 children playing in the streets. The neighbors have nothing against any form of treatment for any mental illness, but they want it in the right place. Village Board of Trustees 11/24/2015 464 Mark Jason, 139 South Morris Lane, stated that although the cause of Monte Nido is very worthy, he did not think that 2 Morris Lane is the right location. The 200 ft. driveway is 12 ft. wide, and there are 120 children under the age of 15 within 2 blocks of this proposed site. Between this intersection and Heathcote Road is a very well-traveled road where young children ride their bicycles. When cars back out onto Morris Lane and there are children on their bikes and skateboards, and people and children up and down the road all day long, what happens? It is a great concern to him as he has four children under the age of 13. His children walk past 2 Morris Lane on their way to friends’ homes four times a week. Many other children in that area do the same thing. He did not think enough care, attention, time and thought has been given to the traffic and how those cars are getting in and out of that driveway. Robert Berg, 32 Tisdale Road, stated that he was surprised when he initially heard that Monte Nido was purchasing a house on Morris Lane and was going to put in a group home like this. He stated that he then did a little research into both Monte Nido and also the Padavan Law. His research into Monte Nido indicates that it is an excellent organization serving a critical need which clearly many members of the community suffer from eating disorders. His research on the Padavan Law revealed that it is specifically designed and enacted to encourage and to allow facilities just like this in residential neighborhoods. It recognizes the Nimbyism problem and that is why the Padavan Law supplants all local zoning and other concerns. He then did some research into case law and found that no one has ever succeeded in challenging a home like this. He hesitates to have the Board oppose this application and fight a losing battle in court. He didn’t think the Village would win and did not think it was the right thing for the Village to do. If needed, he urged the Board to request specific information from Monte Nido, but he urged them not to just try to delay to pacify residents in the community and immediate surrounding neighborhood. The Board should seriously consider the application and do the right thing and that is to encourage homes like this within our community. This is a very important need and the applicant should be given the benefit of the doubt. Michael Wachs, 18 Dolma Road, stated that he has a son that has cerebral palsy, and he faces challenges that few other children who are his peers face. He stated that he can only imagine the pain and suffering that children with eating disorders go through. However, that is not what this meeting is about. There is no one here this evening who disputes that the treatment of anorexia and bulimia and other eating disorders is a noble and necessary cause. The question is whether or not this is the right location, is there over concentration, and is the Board getting the full picture? This is the kind of decision that should be made with significant independent input opposed to taking the word of Monte Nido. Mr. Wachs also questioned the number of staff members that would be present, stating that the numbers presented did not appear to be correct. He noted that if one looks at the history of Monte Nido and the treatment facilities that they have that the numbers are far greater than what is being presented here. He suggested that the Village get an independent report; there is no reason to rush to judgment. Village Board of Trustees 11/24/2015 465 Dr. Murthy, 70 Morris Lane, stated that she is a psychiatrist and congratulated Monte Nido for having these kinds of facilities – eating disorders are extremely difficult to treat. It is wonderful that they are doing this. However, she stated that she felt that the information supplied by Monte Nido was inaccurate in that eating disorders are not singular disorders but a spectrum of disorders. They are very difficult to treat. No one has taken into account has to how often there would be emergencies. Has any study been done – how many people will be cutting themselves, self-inflicted injuries, pulling fire alarms, committing suicide, calling the ambulance in the flag lot – in her opinion, these issues are much more important than 30 cars that can patiently wait. If there are two or three emergencies at the same time, can three ambulances be brought in at the same time? A study needs to be done regarding emergency situations at the site. Robert Harrison, 65 Fox Meadow Road, complimented the Mayor and Board members for hearing all the comments from the audience. He stated that having been to many Board meetings, this evening's turn out is one of the largest he has ever seen in Rutherford Hall. Mr. Harrison stated that Scarsdale is known as a “Village in a Park” and it is a source of pride for the residents here. Scarsdale also qualifies as one of the Tree Cities in the United States. It is a community of private homes and Scarsdale has a great school system. There are several small group home facilities where those residents live and go about their work. However, this proposal is a treatment facility. Although he understands that there is a need for facilities such as this, it should not be located at 2 Morris Lane; it is the wrong location. He asked the counsel to the applicant if he had heard of White Plains – it is the County seat with a population of approximately 60-70,000. There are many businesses and a lot of property – there must be a site in White Plains where this treatment center could be located. He begged them to withdraw this application, stating that it is not the right location. Scarsdale residents are not in favor of this. Litigation will be time consuming; Mr. Harrison asked the applicant’s counsel to reconsider. He questioned how an ambulance could get in a driveway that’s 200 feet long and 12 feet wide – that is a serious situation. If the applicant does not withdraw the application, he hoped that the Board would ask for an extension and get more information and studies. Emma Rose, stated that four years ago she was in a residential eating disorder treatment facility in Utah, far away from her family. In the 6 ½ months that she spent there, an ambulance only came once to the facility. She explained that an eating disorder treatment facility has to be very controlled, and is for people that are mentally and physically stable to a point where you shouldn’t have to call an ambulance. Very rarely will any case of an attempted suicide or attempted runaway occur because that environment is to make sure that these issues don’t arise. That is why there is such a large staff/patient ratio. The whole point of there being a treatment center like this in such a controlled environment is so that it would be extremely difficult for someone to be able to access anything to cut themselves. It Village Board of Trustees 11/24/2015 466 would be very difficult for someone living in one of these places to be alone, let alone attempt suicide. ******** At this time, 8:40 P.M., the Board adjourned to Executive Session to confer with Counsel regarding the Monte Nido proposal. ******** The Board of Trustees reconvened the Regular Board meeting at 8:55 P.M. ******** Mayor Mark thanked everyone for their patience and stated that “the purpose of the joint meeting of the Land Use and Law Committees held earlier this evening was to gather more information concerning a notice received from Monte Nido & Affiliates that it intends to establish a residential treatment center on 2 Morris Lane South. The facility would be for the treatment of up to eight adolescent girls ages 12-18 with eating disorders. The notice, received in hard copy on October 28, 2015 (electronically on October 27, 2015), was sent pursuant to Section 41.34 of the New York State Mental Hygiene Law – a provision referred to as the Padavan Law. A copy of the notice is posted on the Village web site under the Board of Trustees tab. The Padavan Law has been on the books for 37 years. Its purpose is to permit certain facilities licensed by the New York State Office of Mental Health to be established in residential areas, notwithstanding local zoning laws that might otherwise prohibit locating these types of facilities in residential areas. By serving a Padavan Notice, Monte Nido triggered a 40-day period that started when the notice was electronically received on October 27th. Prior to the expiration of the 40-day period, the Village may do one of the following:  Approve what is proposed in the notice;  Propose alternate sites within its jurisdiction for the proposed facility; or  Object on grounds that the facility would result in such a concentration of community residential facilities for the mentally disabled in the municipality or in the area in proximity to the site selected that the nature and character of the areas within the municipality would be substantially altered, a concept referred to as “over concentration.” If the Village takes no action within the forty days, the law would permit Monte Nido to proceed with its plan. We note that because a small sliver of the property in question, specifically the access drive to the site that crosses the New Rochelle border, a similar Padavan Law notice was sent to the City of New Rochelle. Our Village Manager Steve Pappalardo spoke with the Village Board of Trustees 11/24/2015 467 New Rochelle City Manager and learned that New Rochelle uses an Advisory Committee to review proposals of this nature and provide a recommendation to the City Council prior to the City taking any action. Mr. Pappalardo understands that as of today, the City of New Rochelle has yet to take any formal action on this matter. At the meeting just concluded and during the course of this meeting, we heard from representatives of Monte Nido and from residents. We have also reviewed the materials submitted by their counsels over the past week or so. The gist of what Monte Nido has presented is that the facility would be operated in a very low key way – as a residence – with a view to protecting the privacy of those in treatment and with due regard for the residential neighborhood in which it is located. They represented there would be no signs or outdoor lighting announcing the facility, no vans with Monte Nido logos ferrying residents or staff, that anticipated parking needs could be handled on site, with no need for street parking. Visits to the facility by family members would be scheduled with no drop-in traffic. They also stated that the footprint of the existing structures would not be changed and that any modifications to the structure would be to the interior. Monte Nido would go through the Village’s customary processes to obtain any building permits needed for such work. In terms of compliance with fire and other safety codes, Monte Nido has represented that they expect to have to comply with them as any other residence would. While Monte Nido noted that they did not have a contract to purchase the vacant lot next to their property on the corner of Morris Lane South and Dorchester, their acquisition of the property would include an easement over that lot in the event they needed to provide additional access to the house under applicable safety codes. It is noted that prior to the meeting this evening, Monte Nido had hosted an informal meeting in the Library on November 15, 2015 at which their CEO, Ms. Vicki Kroviak, and some of her colleagues went over certain of the points just mentioned. About a dozen residents attended that meeting as did Trustees Lee, Pekarek and I. A handout prepared by Monte Nido, containing FAQs addressing certain points noted is posted on Scarsdale 10583.com. For their part, most of the comments from residents we have received by letter and email over the past week and heard this evening strongly object to the Monte Nido proposal with a minority of comments in support. It must be said that residents of Scarsdale are sympathetic with the health issue Monte Nido seeks to address. Many of us are aware, either from experience in our own families or in families of friends, of the prevalence of eating disorders in adolescents and the need to treat those disorders. Some residents also understand the desire for discrete treatment centers that allow services to be provided in a home-like setting in order to allow those being treated to experience an ordinary day-to-day routine as part of their recovery process. However, while the particulars of the residents’ objections vary there is a common theme, namely that the siting of this type of facility in a residential neighborhood is simply inappropriate. The Heathcote area through which Morris Lane runs has been an exclusively a residential area throughout its more than 100-year existence as a developed part of the Village Board of Trustees 11/24/2015 468 Village. Neither Monte Nido, nor any other facility similar to the one proposed, could locate in that part of the Village absent the Padavan Law. This Board has listened to the residents who have written and appeared before us. In light of what we have heard, our review of the materials before us and after consulting with counsel, it is the intention of the Board to file a notice of objection to the Monte Nido proposal on the grounds of over concentration, and such other grounds as may exist, if any. However, although one of the alternatives under the law is to propose alternative sites within the jurisdiction, it is not likely that the Village will pursue that route under the statute since the Board does not feel it appropriate to suggest Monte Nido relocate its proposed facility from one Scarsdale neighborhood to another. It is noted, however, that even a cursory look on the internet indicates that there may be many properties available in Southern Westchester that might meet the needs of Monte Nido for the proposed facility. It is our understanding that once the objection is filed, either party may request that the Commissioner of Mental Health conduct a hearing on the matter. The Commissioner must then conduct a hearing within 15 days of any such request and make a determination within 30 days after the hearing. It is hoped that during the pendency of the matter, Monte Nido will seriously consider, or reconsider, alternatives in other areas that would meet its needs. Separate and apart from its treatment mission, it would seem contrary to Monte Nido’s business interests to pursue a plan that prompts the level of opposition that has been elicited by this proposal. Once we hear back from the Commissioner, and depending on what the ruling is, we will consider what next steps, if any, to pursue. In the interim, if people wish to submit additional materials to the Board, they may be emailed to clerk@scarsdale.com which will cause them to be distributed to the Board and relevant Village staff.” Mayor Mark requested a motion to amend the agenda to include a resolution that authorizes the filing of the objection to the Monte Nido Proposal, so moved by Trustee Finger, seconded by Trustee Samwick and approved unanimously: Upon motion entered by Trustee Lee, and seconded by Trustee Finger, the following resolution to authorize the filing of an objection to the Monte Nido Proposal was adopted by the vote indicated below: RESOLVED, pursuant to the State Mental Hygiene Law, Section §41.34, the Board of Trustees hereby objects to the establishment of the proposed community residential facility by Monte Nido at 2 Morris Lane, Scarsdale, New York, and be it further RESOLVED, that the Village Attorney is hereby directed to file said objection with Commissioner Kerry Delaney of the Office for People with Developmental Disabilities within 40 days of the receipt of Monte Nido’s notice to the Village. Village Board of Trustees 11/24/2015 469 AYES NAYS ABSENT Trustee Callaghan None Trustee Stern Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Mayor Mark Both Trustee Pekarek and Trustee Samwick noted that they voted Aye with a ‘heavy heart’. ******** Managers Comments Village Manager Pappalardo gave an update on the stairs at Metro North. He noted that he had given a report to the Board on October 13th regarding this Capital Improvement project which also was the first day of construction for that work. Since that time, the contractor has completed the reconstruction of the concrete platform foundation from the steps down to the train station platform, the construction of the new concrete footings and foundation for the new stairway supports, and they have applied an initial layer of waterproof epoxy coating on the platform with the second and final coating to be completed, weather permitting, tomorrow. When he reported back in October, he mentioned that there would likely be break in the construction activity when all of the initial work was completed. As the galvanized steel stairway is being fabricated offsite, they have reached that point and as of tomorrow they will be done with the work. There will be a period of inactivity – there will be no construction in that area until the week of December 14th when the stairs should be completed. The Village just recently received the approval from Metro North based on the shop drawings that were submitted. It will only take a single night if all goes well to have the crane on site and to place the stairway. Once the stairway is in place it will take approximately a week to finish everything up. The contractor is working very hard to have this project finished by the holidays. Village Manager Pappalardo noted that he and the Mayor met with the Speaker of the New York State Assembly, Mr. Carl Heastie, who was touring Assemblywoman Paulin’s Assembly District of which Scarsdale is included. They were invited by Assemblywoman Paulin to meet with Mr. Heastie and tour some pending capital project sites for potential New York State grant funding opportunities. They visited two locations – the first one was the Hutchinson River Flood Mitigation project. This is a difficult project in that it is an Intermunicipal project with two other municipalities – the City of New Rochelle and the Town of Eastchester. He noted that we were fortunate enough to receive a County grant for $5 million with the County agreeing to pay half that cost. The project is also difficult because it involves cleaning about 2800 linear feet of river bank along the Hutchinson River and a lot of this river bank is located on private property. That in itself creates legal concerns relative to being able to get proper right of entries and making contact with the Village Board of Trustees 11/24/2015 470 property owners. The project also involves enlarging four separate culverts in order to move the water downstream a little faster. They also met with the New Rochelle Mayor and Manager on site. The open watercourse is silted up so that one can now see the bottom of the river. There are a lot of obstructions that are blocking flow, banks are scoured – it really needs work. Mr. Pappalardo stated that he believed Speaker Heastie understood what the project was about and he hopes that the municipalities are able to get some monies from the State through member items or grants. They asked for his consideration for all of the $2.5 million local share. They then took Mr. Heastie to the Heathcote Road Bridge located on the Heathcote Bypass, built in 1910. There was some work done in the 1980’s which was handled through some State funding and the County took care of it. However, this bridge is owned by the Village. It carries 8200 vehicles over Heathcote Road daily. It is a very important bridge for the Village to make sure to take care of. It was recently red-flagged by the New York State Department of Transportation which means that the bridge needs some work before it is shut down. Temporary shoring was provided by Village to one of the bridge abutments which is there now and is temporarily holding up the bridge. This will be a major capital expense of about $2 million to do the necessary repairs to that bridge. They took Speaker Heastie and Assemblywoman Paulin under the bridge and showed them all of the problems that exist with the abutments. Mayor Roach from White Plains joined them as well. Village Manager Pappalardo stated that he believed that they were able to impress upon Mr. Heastie the need to complete these projects. ******** Finance Committee Trustee Samwick reported on the statements of expense and revenue for the various funds of the Village for the first five months of fiscal year 2015-2016. General fund appropriations were 34.90% spent as of October 2015, which is a modest increase from the 34.35% in 2014-2015. General Fund Revenues other than property taxes are $6,896,996 through October 2015 compared to $6,735,625 through October 2014, an increase of $161,400. Building Permit revenue (included in License and Permit revenue) is $168,000 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 $45,800 as the balance of taxes and liens declined from last year. Public Utility Tax, Sales Tax, Department Fees, Licenses and Permits and Mortgage Tax are down an aggregate of $236,000. Parking Permit and Meter income, Recreation fees, Rental Income, Sale of Equipment and Insurance Recoveries, State Aid and Court Fines increased a total of $408,000. The change in investment income is negligible and the change in Inter-fund Revenues is due to a timing difference. Village Board of Trustees 11/24/2015 471 The actual collection of Village taxes through October 31, 2015 is at 98.86% which is up 0.20% from the last year’s collection percentage of 98.66%. ******** Land Use Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding Subdivision Recreation Fee – 138 Fox Meadow Road, Section 4, Block 3, Lot 917 was approved by a unanimous vote: WHEREAS: Section 7-730-4 of New York State Village law authorizes Planning Boards to reserve land in a subdivision for park, playground or other recreational purposes, and take money in lieu of land in cases where suitable park lands of adequate size cannot be properly located on a subdivision plat, the amount of said money to be established by the Village Board of Trustees; and WHEREAS: on October 28, 2015, the Planning Board approved the two lot subdivision of 138 Fox Meadow Road creating one new buildable lot after finding the proposed subdivision would not have a significant negative environmental impact pursuant to SEQRA; and WHEREAS: on November 18, 2015, the Planning Board recommended a payment in lieu of contribution of land as the dedication of land for park, playground or recreation purposes is not feasible in view of the small amount of land available in this two lot subdivision; and WHEREAS: the Village Department of Parks, Recreation and Conservation provides a variety of facilities to meet the interests and needs of the community which includes parks, playgrounds, ball fields and an outdoor pool; and WHEREAS: the Village Department of Parks, Recreation and Conservation has a Five Year Capital Plan which calls for the replacement of facilities and equipment as well as additional facilities that will be needed in the future; now therefore be it RESOLVED: the Board of Trustees hereby accepts the recommendation of the Planning Board that the applicant, 138 Fox Meadow LLC, pay to the Village an amount equal to 5.0% of the $825,000 Guideline Value of a lot in the A-3 zoning district pursuant to the 2007 Subdivision Recreation Fee Schedule, or $41,250, in lieu of a contribution of land for park, playground or other recreational purposes for the one new Village Board of Trustees 11/24/2015 472 buildable lot resulting from the subdivision of property at 138 Fox Meadow Road, identified on the Village tax map as Section 4, Block 3, Lot 917. ******** Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution Authorizing the Sale of 0 Graham Road was adopted by the vote indicated below: WHEREAS, on January 21, 2014, the Village of Scarsdale, upon foreclosure of certain tax liens, obtained title to certain unimproved property measuring approximately 360 sq. ft. identified as 0 Graham Road located between 41 and 43 Graham Road, as further identified on the February 25, 2014 property survey prepared by George J. Mottarella, P.E., attached hereto and made a part hereof; and WHEREAS, David Michaels and Nancy Ellen Michaels of 41 Graham Road, Scarsdale, NY 10583, have expressed interest in purchasing this strip of land which will provide them the additional property necessary to conform with the Village zoning code relative to minimum street frontage requirements; and WHEREAS, the Village has no plans for future governmental use of 0 Graham Road and is desirous of accommodating Mr. and Mrs. Michaels; now therefore be it RESOLVED, that the Village of Scarsdale Board of Trustees, herein, declares the property at 0 Graham Road to be of surplus with no future governmental use; and be it further RESOLVED, that the Village Board of Trustees approves the attached contract of sale, in substantially the same form as attached hereto, with David Michaels and Nancy Ellen Michaels, 41 Graham Road, Scarsdale, NY 10583 for $15,000, for the purchase of Village owned property at 0 Graham Road, identified on the Village of Scarsdale Tax Map as Section 18, Block 02, Lot 195A and further identified on the February 25, 2014 property survey prepared by George J. Mottarella,P.E., herein attached; and be it further RESOLVED, that the Village Manager and Village Attorney are herein authorized to take any and all administrative acts necessary to convey and transfer the 0 Graham Road property to David Michaels and Nancy Ellen Michaels, 41 Graham Road, Scarsdale, NY 10583, pursuant to the terms and conditions contained in the contract of sale; and be it further Village Board of Trustees 11/24/2015 473 RESOLVED, that the payment of $15,000 from David Michaels and Nancy Ellen Michaels, 41 Graham Road, Scarsdale, NY 10583 for the sale of 0 Graham Road shall be deposited in the appropriate General Fund Revenue Account as determined by the Village Treasurer. AYES NAYS ABSENT Trustee Callaghan None Trustee Stern Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Mayor Mark ******** Municipal Services Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding Placement of a Crèche in Boniface Circle was approved by a unanimous vote: WHEREAS, the Scarsdale Crèche Committee has requested a permit to place a crèche in Boniface Circle from December 18, 2015 to January 3, 2016; and WHEREAS, the Board of Trustees of the Village of Scarsdale is willing to grant said permit; now therefore be it RESOLVED, that the application of the Scarsdale Crèche Committee to place a crèche in Boniface Circle is hereby approved pursuant to Chapter 240 of the Scarsdale Village Code; and be it further RESOLVED, that a permit be issued to the Scarsdale Crèche Committee for a public display in Boniface Circle from December 18, 2015 to January 3, 2016, in accordance with Village Chapter 240; and be it further RESOLVED, that the display shall be dismantled and completely removed from Boniface Circle by the Crèche Committee no later than January 3, 2016. ******** Village Board of Trustees 11/24/2015 474 Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding Placement of a Menorah in Chase Park was adopted by a unanimous vote: WHEREAS, a request was received on November 18, 2015 from the Chabad Lubavitch of Westchester County to place a menorah in Chase Park from December 4, 2015 to December 18, 2015; and WHEREAS, the Board of Trustees of the Village of Scarsdale is willing to grant said permit; now therefore be it RESOLVED, that the application of the Chabad Lubavitch of Westchester County to place a menorah in Chase Park is hereby approved, pursuant to Chapter 240 of the Scarsdale Village Code; and be it further RESOLVED, that a permit be issued to the Chabad Lubavitch of Westchester County for a public display in Chase Park, from December 4, 2015 to December 18, 2015, subject to the submission by the Chabad Lubavitch of Westchester County, of a certificate of liability insurance naming the Village of Scarsdale as an additional insured; and be it further RESOLVED, that the display shall be dismantled and removed from Chase Park by the Chabad Lubavitch of Westchester County no later than December 18, 2015. ******** Prior to Trustee Pekarek introducing the next resolution, Trustee Lee pointed out that the cost of the Asphalt Recycler was not noted in the resolution and suggested that the resolution be amended to reflect the cost of $79,879. Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding the Award of VM Contract #1193 – Furnish and Deliver Asphalt Recycler was approved as amended by the vote indicated below: WHEREAS, the Department of Public Works has been investigating alternative means to repair pot holes throughout the Village in a more efficient manner; and WHEREAS, the Village’s owns and maintains 79 miles of roadway. Pot hole repairing is critical to keeping the roads smooth and safe for drivers. Typically, pot holes are filled in with hot mix from a plant. In the winter months, the plants are closed and a cold asphalt is used to fill in the pot holes, and Village Board of Trustees 11/24/2015 475 WHEREAS, Village staff looked into alternatives to efficiently use hot asphalt mix in the winter months to better repair pot holes, The Department of Public Works researched products on the market to be able to use hot mix in the winter months; and WHEREAS, after researching different methods and products, the department recommends an Asphalt Recycler machine. This type of machine would allow the department to generate a hot mix asphalt. The machine would allow the Village to use the millings from the road reconstruction program and produce hot asphalt with it. This would save the Village both unnecessary driving time, as well as the cost of asphalt; and WHEREAS, reclaimed asphalt pavement was once a waste product for which contractors paid to dispose. Today, reclaimed asphalt pavement, or millings, are a highly valuable commodity as it can be 100% recycled with an asphalt recycler. As a result, the Village would experience a cost savings of $80/ton to $25/ton for the asphalt. The unit is capable of producing up to 2,600 lbs. of asphalt every 20 minutes, not only is the asphalt recycler “Green” because it uses millings but it is also smart; and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on November 6, 2015, through VM Contract # 1193, to Furnish and Deliver Asphalt Recycler; and WHEREAS, on the bid opening date of November 17, 2015, one bid was received. The lowest responsible bid was submitted by Trius Inc.; and WHEREAS, Trius Inc. is qualified to provide the required materials, and the Village has been satisfied with other materials purchased and services from Trius, Inc.; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1193, too. Furnish and deliver asphalt recycler with Trius, Inc. 458 Johnson Avenue, P.O. Box 158 Bohemia, NY 11716-0158; and be it further RESOLVED, that the cost of $79,879 of the Asphalt Recycler pursuant to VM Contract #1193, be charged to the Capital Budget Account H-5197- 963 2016 052; and be it further RESOLVED, that the Village Manager is herein authorized to undertake all administrative acts required pursuant to the terms of the contract. Village Board of Trustees 11/24/2015 476 AYES NAYS ABSENT Trustee Callaghan None Trustee Stern Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Mayor Mark ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that forty-one (41) communications have been received since the last meeting. Correspondence was received from the following in opposition to the proposed Monte Nido Facility at 2 Morris Lane:  Seven (7) petitions signed by Village residents to the Board of Trustees.  Robert Morie, 28 Heathcote Road  Shahriar and Nicole Shahida, 3 Heathcote Road  Varun Gosain, 161 Mamaroneck Road  Mr. & Mrs. Mark Hauser, 24 Heathcote Road  Stuart Beretz, New Rochelle resident  Elliot Wolk, 11 Morris Lane  Phil Mehler, 54 Birchall Drive  Serhan Secmen, 119 Carthage Road  Two Communications from Lisa Botvin, 26 Heathcote Road  Fiona & Steven Silver, 8 Heathcote Road Village Board of Trustees 11/24/2015 477  Michael Klein, 7 Heathcote Road  Judith & Elliot Schwartz, 198 Dorchester Road  Peggy & Russell DaSilva, 12 Kelwynne Road  Dr. Peter Gross  Shlomo & Caroline Freidfertig, 17 Heathcote Road  Mary Katchis, 3 Morris Lane  Gregory & Mindy White, 44 Garden Road  John & Robin Schmitt, 168 Dorchester Road  Eileen & Jay Bloom, 9 Cooper Road  Robyn & Roni Shapiro, 126 Morris Lane South  Three communications from Mary & David Rosewater, 30 Heathcote Road  Michael Wachs, 18 Dolma Road  Monica and Henry Aboodi, 22 Heathcote Road The following correspondence was received in support of the proposed Facility at 2 Morris Lane:  Westchester County Department of Community Mental Health  Henry Posner, 3 Hickory Hill Drive, Dobbs Ferry, New York  Lillian Posner, 260 Garth Road, Scarsdale, New York Four (4) communications were received concerning the proposed Library expansion and renovation from the following:  Tama Seife, 21 Circle Road  Frank Burgel, 12 Park Road  Anthony Lacoudre, 73 Walworth Avenue  Joan and Howard Rothman, 11 Mamaroneck Road Additional correspondence received was as followed:  An email from Russell Kopp, 12 Sage Terrace regarding leaf mulching  A letter from Laura Strauss, 156 Brite Avenue, regarding oversized homes in the Village.  A letter from Carol Silverman, Chair of the Advisory Council on Scarsdale Senior Citizens regarding the Homestead Tax Option. ******** Pursuant to recently instituted practice, Mayor Mark noted that the above correspondence is already on the Village’s website at www.scarsdale.com and his comments will be given to the Clerk so that they may be posted as well. Village Board of Trustees 11/24/2015 478 ******** Future Meetings Mayor Mark announced the following future meeting schedule:  Tuesday, December 8, 2015 – Sustainability Committee – 6:30 P.M. – 3rd Floor Meeting Room  Tuesday, December 8, 2015 – Municipal Services Committee – 7:00 P.M. – 3rd Floor Meeting Room  Tuesday, December 8, 2015 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, December 8, 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  Thursday, November 26, 2015 – Thanksgiving 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 9:40 P.M. Donna M. Conkling Village Clerk