Board of Trustees

Village Board of Trustees 06/28/2016 254 THREE THOUSAND TWO HUNDRED FIFTY-SEVENTH REGULAR MEETING Village Hall June 28, 2016 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in the Rutherford Hall in Village Hall on Tuesday, June 28, 2016 at 8:00 P.M. Present were Acting Mayor Samwick, Trustees Callaghan, Finger, Pekarek, Stern, and Veron. Also present were Village Manager Pappalardo, Deputy Village Manager Cole, Assistant Village Manager Richards, Village Attorney Esannason, Deputy Village Attorney Garrison, Village Treasurer McClure, Village Clerk Conkling and Assistant to the Village Manager Ringel. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, June 14, 2016 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Finger, and carried unanimously. ******** Bills & Payroll Trustee Veron reported that she had audited the Abstract of Claims dated June 28, 2016 in the amount of $660,992.20 which includes $6,237.10 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 Veron and seconded by Trustee Pekarek, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated June 28, 2016 in the amount of $660,992.20 is hereby approved. ******** Mayor’s Comments None. Village Board of Trustees 06/28/2016 255 ******* Manager’s Comments Village Manager Pappalardo reported on the Con Edison gas main replacement project on Crane Road. Con Edison began construction yesterday on Crane Road. They are replacing a high pressure natural gas main that is located on Crane Road between Post Road and Stonehouse Road. The work involves saw cutting and excavating Crane Road to install the new gas main alongside the old one. The work is expected to take 8-10 weeks and will result in traffic delays along the Crane, Post, and Popham Road corridors. Con Edison provided advance notice to Village residents served by the gas main to inform them that the project will not result in any disruption of service, as the old line will remain operational while the new line is installed. The residents will be out of service temporarily when the new line is placed into service and the individual homeowner service connections are made. Con Edison will provide advance notice to the residents prior to the cutover; they don’t expect the residents to be out of service more than 8 hours. Construction work will occur Monday through Friday between the hours of 10:00 A.M. and 9:00 P.M. in order to facilitate the morning peak hour commute and to also allow on the back end for additional hours in the evening to expedite the project completion. Vehicular traffic on Crane Road from Stonehouse Road to Post Road will function as a single reversible lane for most of the project. Scarsdale Police Officers will be on site during construction hours to conduct the appropriate traffic control. Con Edison has installed at the Village’s request a variable message display board which alerts motorists of traffic conditions as they change. There are four of these display boards in locations within the vicinity of the project site. The Village agreed to allow Con Edison to use a small portion of the Village Hall lower level parking lot on the Crane Road side to stage some of their construction equipment, vehicles, and materials. Some of the gas pipes will be stored along the Village right-of-way; they have been informed as to where they may do this to avoid damage to trees, etc. The Village is also looking into the possibility of hiring a private inspector to represent the Village on site. Right now some of the Engineering personnel are keeping an eye on the project. Village Manager Pappalardo asked the community for their patience during this unavoidable work. If anyone has any questions or concerns about the project, they should call the Engineering office at 722-1106. ******* Village Board of Trustees 06/28/2016 256 Public Hearing(s) Trustee Stern introduced a public hearing scheduled for this evening to consider a local law to amend Chapter 179 of the Scarsdale Village Code, entitled Garbage, Rubbish and Refuse, and Chapter 243 entitled Recycling. He noted that in the proposed amendment to the Code, there is a provision to not pick up grass cuttings and have them recycled. The amendment also includes the addition of recycling waxy gable top containers; poly coated containers. Trustee Stern opened the public hearing at this time and requested any comments from the public. Michael Iorio, Landscape Contractor and President of the New York State Turf and Landscape Association, stated that he has 18 employees and does about 50% of his work in Scarsdale. He stated that he was at the last Board of Trustees meeting and briefly spoke at that time. He noted that he saw the outcry that evening from Village residents regarding the 2016 Revaluation. Mr. Iorio stated that grasscycling cannot be done all the time; there is a time and place for it. He stated that gas powered blowers cannot be used in Scarsdale to spread the clippings around. In May and June, all of the grass cannot be recycled. It would behoove the Board to not take away another service from the residents at this time. Landscapers will have to pay to bring the grass clippings to the recycling center; however, if a resident brings the clippings from their lawn there is no charge. Trustee Stern stated that Mr. Iorio noted that in May and June it is very difficult to recycle all of the grass clippings; however, the Village does it at all of its public parks. Mr. Iorio responded that the Village properties are not as lush as some private property owners lawns are and they do not have the same volume of grass on the Village properties. Also, the Village employees are allowed to use gas blowers. Why should a Village employee be able to use a gas blower in a Village park, but if he is working on a park- like private residence, he cannot use one. Village Manager Pappalardo stated that the majority of work that is done on Village grounds and athletic fields are done under contractual services. Those contractors have to abide by the same laws that a private contractor does. The Village is exempt under the Code but it is not something they practice on a regular basis. Mr. Iorio stated that he did some of those fields and he was allowed to use a blower at that time. The Village is taking a tool away; not everything can be recycled. Some can but not all. It is the same with leaf collection – you cannot mulch all of the leaves. There are a lot of associations out there pushing it. All of the pros and cons concerning mulching have not been brought out either way. It’s not all or none. Village Board of Trustees 06/28/2016 257 Trustee Pekarek asked what the negatives and or the reasons are to not do the grasscycling in May and June. Mr. Iorio responded that it is the mere volume. You can’t clip it all and there are certain scientific facts to that. It will clump up and it will rot the grass; you will burn the grass. When you get into August and have fine clippings it is not that bad. Trustee Pekarek asked if it would make a difference to raise the blades on the mower. Mr. Iorio replied that the lawn would then look like it was not cut. The standard is to cut 2 ½ inches. Trustee Stern asked Mr. Iorio if when he did mulch, did he find it beneficial to the grass. Mr. Iorio replied yes and no. The no is when there is too much volume. He agreed with Trustee Stern in that at certain times it does enrich the grass and turf. Trustee Stern asked if during half of the growing season that grass recycling is beneficial? Mr. Iorio responded that it is a tool they use when necessary. Michelle Sterling, stated that she had some statements that other people have sent to her that she wanted to read this evening, and then a statement of her own. She addressed the statement made by Mr. Iorio, stating that she hoped the Board could see through some of the things that were said by certain people who receive a benefit for advocating for certain things. She stated that she has no personal benefit to advocate for grasscycling; she is just trying to do the right thing for residents, the environment, water quality and soil quality. Mr. Iorio’s job is to represent what is in the best interest of those people he represents. It is in the landscapers best interest to continue to have the Village subsidize their grass clipping pickup because if the Village picks up their grass clippings, then they don’t have to explain to their residents why they have been blowing away the grass clippings for years even though it is beneficial. They also don’t have to go to their clients and tell them they have to charge them for something they haven’t charged them for many years. Ms. Sterling stated that the science behind grasscycling is backed up by the Cornell Cooperative Extension. The grass clippings help with water conservation because they trap moisture. In addition, the grass clippings are 100% nitrogen – when you leave grass clippings on your lawn, you are effectively fertilizing your lawn for free. The landscapers take away our grass clippings and charging for it and then charging for a fertilizer application later on in the season. She also noted that since the 1970’s, the Scarsdale School District have been grasscycling on all of their fields. Ms. Sterling then read from some of the emails she received on this subject from members of the Forum Sustainability Committee that could not be here this evening: Village Board of Trustees 06/28/2016 258  Renu Lalwani wrote that she would like to speak in favor of the amendment to the Village Code to promote grass recycling.  Kay Eisenman, a former Trustee stated in her email that she would like to add her voice to those asking for a code change to end collection of grass clippings. This helps all lawns grow better and reduce the use of fertilizers which would be a benefit to the water system.  Maggie Favretti, a teacher, stated that grasscycling requires less time, money, and effort. Put the logical back in ecological and everyone wins.  Support statement from Friends of Scarsdale Parks which has been received by the Board of Trustees. Ms. Sterling stated that grasscycling is just leaving your grass clippings on the lawn instead of bagging them. This does not require any special equipment; it does not require a mulch mower or special blades. This isn’t about leaves, just grass clippings. Grasscycling would result in a healthier turf, water savings, less trucking, and less fertilization. Residents would probably say ‘no’ to taking away a service provided to them by the Village even if they support the environment. The Board needs to weigh the benefits of grasscycling and not just react to the residents’ knee jerk reaction of not wanting a service taken away. When it comes to health, safety and the environment you need leadership. She then spoke about the seat belt legislation and how everyone used their seat belts when it became law. In the beginning, people were not happy about that law. The legislators made the right decision when it was against the majority. That is how she sees this – health, safety and environmental – that is where the residents need the Board. She also thanked the Board for their service. Trustee Veron asked Ms. Sterling what her view was on the landscaper’s comment regarding rotting grass with the clippings in the months of May and June. Ms. Sterling replied that this was a fallacy and a construct, just like bagging is a fallacy and a construct. She stated that it is something that was created by landscapers. It is a service that was made up. To strip nitrogen from a lawn and to add it back as a fertilizer treatment and charge for both is a construct from the landscaping industry to make money. They are here this evening to defend that position. Darlene LeFrancois-Haber, Co-Chair Scarsdale Forum Sustainability Committee, stated that she is a physician in the community and grew up in a very rural area. Being a physician she has an extensive science background. The New York State Department of Environmental Conservation (NYS DEC) has a ‘leave it on the lawn’ campaign and they provide a lot of documentation regarding the benefits of grasscycling. Village Board of Trustees 06/28/2016 259 She stated that she had a letter from Ron Schulhof to the Mayor and Board of Trustees and read it into the record as follows: Dr. LeFrancois-Haber congratulated the Board on spending the time and energy to address this issue. She stated that their roles are akin in the respect that she deals with the individual and giving them reasons to change their behavior. In the end you have to do the right thing for that person and then that is the patient that will respect you and benefits from your intervention. In this case, the Board’s intervention is that of a legislative nature. The Board is thinking of the health of the community and the environment. The science is clear and there is no question about what the right thing to do here is. She stated that people need help and the Board is here to help them. She hoped that the Board would come to a positive vote in conducting the code change regarding the grasscycling effort. Village Board of Trustees 06/28/2016 260 Larry Wilson, a landscape contractor from Yonkers, New York, representing the New York State Turf and Landscape Association came forward to speak. The Association has been serving the professional landscapers and homeowners of Westchester County for over 50 years. They provide scholarships, have been part of every community clean up, every Arbor Day tree planting, every possible community beautification effort that has ever been brought to their attention and they do it gladly. Mr. Wilson stated that he knows that there is a certain aesthetic standard in play here; not only in Scarsdale but also in other comparable communities. It really can’t be denied; the landscapers didn’t make it up. The homeowners ask that the clippings be taken away. The landscapers cater to the needs and desires of the homeowners. There are many very particular homeowners with very high standards. Mr. Wilson noted that it is a bad climate to discontinue any service at this time when residents are concerned about the recent revaluation. He stated that grass clippings are not the only thing that go in paper bags for pickup – there are branches, tree waste, any assortment of organic leaves and twigs that end up in those bags. There are many homeowners in Scarsdale that care about the aesthetics. They spend so much money and time devoted to the various aesthetics pursuits on their property. There would be concern that the grass clippings on the lawn would contain weed seeds as well spread over the lawn. Mr. Wilson stated that the landscapers are trying to please the homeowner – it is a service business. He respectfully requested that the Board reject the proposal to discontinue the pickup of grass clippings in paper bags at curbside. Trustee Stern asked Mr. Wilson how many landscapers were in the Association. Mr. Wilson replied that the number is approximately 300. In response to a question from Trustee Stern regarding the percentage of landscapers that only grass cycle. There are very few members of the Association that grass cycle. Mr. Wilson responded that this is not something that their customers want. In regard to the rogue seeds, Mr. Wilson stated that the grass catchers, especially those that are 40” wide, the blades are turning at 17,000 rpm and the grass catcher will be filled up in a very short distance. The rogue seeds are not spread upon the lawn to the same extent they would be if the clippings were not caught in the grass catcher. Susan Douglas, 59 Crane Road, invited the Board members to make a field trip to her home. She has been doing grasscycling for three seasons. She stated that she had a dog that had died of cancer at 13 years old. That prompted her to look at the landscaping and wanted to promote a healthy lawn to keep the children and the animals healthy – they all walk across the lawn and track any chemicals put in laws into the house, etc. The dogs lick their paws and ingest things. They have an organic lawn and they leave the grass clippings in. It does save water. If the grass is cut on a regular basis, the grass clippings are short and they trap in water. Once a month they spray microbes all over lawn which promotes holes and water retention and good bugs and worms that keep the grass really bright and vibrant. Village Board of Trustees 06/28/2016 261 It is a win- win situation for the children, the animals and the environment. She felt that this change to the Code would be a very good thing. Lynne Clark, 13 Walworth Avenue, thanked the Board members for their service to the community. She stated that she is in favor of recycling and making the environment sustainable inside and outside. The manner in which she recycles is personally her choice. Grass pickup is a valuable service in the Village as is leaf pickup. These things are not a matter of life and death, but if residents do not want to leave grass cuttings on their lawn or can’t handle the removal of them, the new proposal creates an additional home maintenance burden. She believes that leaving grass on yards is fine and the Village is to be congratulated along with the Sustainability Committee for educating our residents to do so. However, our Village government should not be mandating what she does with her grass on her own property. Residents have always had these services for as long as she can remember – she has been a resident since 1947. To eliminate them now in this period of changing assessments, new bonds, and higher taxes is not smart and not the needed boost for the spirit of the Village. Continue educating the residents and let them choose for themselves. She urged the Board to not adopt the proposed amendment and leave the choice up to the residents of the Village. Government should not over reach in this way. David Feinstein, 6 Brayton Road, stated that he does grasscycling and all organics and feels that he has one of the nicest front yards in his neighborhood. He noted that he walks to the train station and stated that he can smell the pesticides on the neighbors’ lawns and the smell lingers for days. A healthy lawn requires less of these things. This is a perfect time for the Village to step up and say that to eliminate this service is a reallocation service and not a take away service. The time, money and effort that is spent picking up bags of grass can be better used to do other things. If people want certain aesthetic standards, let them pay for it. The Village should not be supplementing their aesthetic standards. He stated it was the Board’s responsibility to think long term about the impact of these things and help the community see things that they sometimes can’t. He pointed out that the UK allowed their people to make a very historic decision and it didn’t go exactly as people planned and a lot of people are regretting it. Had people in power -- the political appointed officials made these decisions for them it would have been a different outcome because they are educated on the topic and they know all the facts. Lena Crandall, 227 Fox Meadow Road, spoke briefly as President of the Scarsdale Forum. She stated that there has been reference made to the Sustainability Committee and she noted that she is proud to say that it is one of many committees that make up the Scarsdale Forum which is a local non-profit open to all residents of Scarsdale and the Mamaroneck Strip regardless of citizenship. If anyone is interested in this issue or any other issue that involves the environment, even if you are against grass clipping pick up and LED street lights, food composting, or organic practices, feel free to join and help with the research and write the reports. Village Board of Trustees 06/28/2016 262 Ms. Crandall, now speaking as a resident, stated that she has lived in Scarsdale since 1991. She is from a rural community and grew up mowing the lawn. What she learned is that when the grass clippings were long, all she had to do is go over them again and they would quickly disappear. She has been an advocate for the environment in this community for several years – she led the Friends of the Scarsdale Parks, Village Conservation Advisory Council and have had many conversations with fellow residents and have received calls recently about the proposal to eliminate grass clippings pickup. She assured these residents that it was perfectly fine to leave the grass clippings on the lawn. If the landscapers simply mow over them more than once, they will disappear faster. You have to educate the public. She thanked the Board for their service and the time that they spend and she urged the Board to enact this amendment which is a baby step in the right direction. The Village should do it and get the residents to talk to their landscapers and perhaps some will even try to cut their own grass. Merrell Clark, 13 Walworth Avenue, stated that he is a member of the Sustainability Committee of the Scarsdale Forum where they look for opportunities to move towards zero waste and sustainability in the decades ahead. He stated that he admires the leadership of the group beyond words even when they face opposing views. On the subject of grass clippings, pickup or non-pickup, he stated that he had a useful discussion with their landscaping service owner who asked him to represent his views. Mr. Clark stated that he learned that their landscaper has invested in machines over many years that smoothly cut and sweep into attached bins everything that is on our lawns, spring, summer and fall – grass, twigs, leaves, cuttings all go into bags. Even in the fall he is able to use these efficient machines. This landscaper’s pride in how their lawn looks represents his primary personal and professional business motivation. There is no week when only grass gets into the mower. The landscaper told him that he would do whatever he wanted but he pointed out that they would not get a better looking or healthier lawn by leaving cut material on it. His fertilizers are safe. He understands the desire to recycle grass and reduce Village services but feels that his clients have other interests. Increased regulation has a negative effect on him and on his men – he stated that it is hard for all of them to make a living and to be asked to buy new equipment on top of existing investment and to be asked to truck materials to the recycling center are new burdens on him and his men. The costs would be added to his bills. Mr. Clark stated that his landscaper urged him to express his views this evening. We should allow residents who prefer to leave grass on the lawn or to carry bags to the recycling center to do so. He stated that he did not believe that they should be stopped from leaving their grass clippings on their lawns any more than he should be forced to forgo the services they have used on their property for many years. Is it possible to keep all of the same services they now enjoy? Village Board of Trustees 06/28/2016 263 Kelly Sperling, 63 Tunstall Road, expressed her support for grasscycling. It is less work for her landscapers and there are no clippings on the driveways. There has been no downside. Carol Silverman, Spier Road, has lived in Scarsdale since 1972 and has had many gardeners. She has been grasscycling for a few years. She encouraged the Board to adopt the amendment for the Village and for the environment and for the finances of the Village because it will save costs. Michelle Sterling, spoke on behalf of Tony Robinson, Commissioner of the Harrison Department of Public Works. She stated that Harrison is the only Town in Westchester that grasscycles by code. Mr. Robinson told her that no one will grasscycle without a code change; it would never had worked had Harrison not done this. He added that education alone would not have worked. It has a benefit for them in terms of root elimination, time saved for their workers and fuel and tipping fees. The only complaints that they received from residents is that they were not provided with an alternate recycling site. Ms. Sterling stated that Harrison was required to end grass clipping pickup because they are within 1000 feet of a reservoir. Their transfer facility was within 1000 feet of a watershed and the runoff was going into the watershed and contaminating it. By law, the NYC DEP mandated that they do it. When the code change was enacted, they didn’t have a place for residents to bring the clippings. The nice thing about Scarsdale is that the residents here do have an alternative. As there were no further comments from the public, Trustee Stern closed the public hearing on this issue. Acting Mayor Samwick thanked everyone for coming out this evening and providing the Board with very thoughtful comments. The Board’s expectation is that this will be back on the Board’s agenda for their scheduled meeting of Tuesday, July 12, 2016 at 8:00 P.M. At that time the Board plans to vote on this proposed amendment. ******** Trustee Pekarek introduced the next Public Hearing scheduled for this evening to consider a proposed local law to amend Chapter 256 of the Scarsdale Village Code entitled Streets, Sidewalks and Public Places. Trustee Pekarek read from a memo from the Village Engineer that explains the proposed amendment to the Code as follows: “Utility repair, replacement and improvements are common occurrences, and required for development and maintenance of existing infrastructure. This work is performed by various entities, and occurs daily throughout the Village. While necessary, Village Board of Trustees 06/28/2016 264 these projects often disrupt large areas of the Village owned Right-of-Way, cause delays, and often result in unsightly roadway patches. In an attempt to ensure safe working conditions, promote proper workmanship, and obtain proper restoration of the Village Right-of-Way, updates and revisions to the Village Code are being proposed. The following is a list of areas that have been included in our revisions (detailed language can be found in the draft Local Law Amendment): • Clarification that permits are required for work conducted within public easements • Codification of curbing requirements for newly constructed homes(§ 256-8) • The opportunity for the Village to hire a third party inspector during larger improvement projects (§ 256-13) • Requirement of a Maintenance and Protection of Traffic (MPT) plan for work being done in high traffic areas(§ 256-13) • Adoption of the "Minimum Pavement Restoration Limits" diagram (§256-16) to illustrate Acceptable pavement limits to be met for final restoration of the roadway.” At this time, Trustee Pekarek opened the Public Hearing for any public comment. As no comments were offered, Trustee Pekarek moved to close the Public Hearing, seconded by Trustee Stern and carried unanimously. Upon motion entered by Trustee Pekarek, and seconded by Trustee Stern, the following Local law to Amend Chapter 256 of the Scarsdale Village Code entitled Streets, Sidewalks, and Pubic Places was adopted by the vote indicated below: INTRODUCTORY LOCAL LAW #2 OF 2016 A LOCAL LAW AMENDING CHAPTER 256 OF THE SCARSDALE VILLAGE CODE ENTITLED STREETS, SIDEWALKS AND PUBLIC PLACES BE IT ENACTED by the Board of Trustees of the Village of Scarsdale as follows: Article I. Obstructions, Poles, Wires and Rubbish § 256-1. Permit required to obstruct. [Amended 6-28-1966[1]] No person shall obstruct any street, sidewalk, public easement or other public place without first securing a written permit from the Village Engineer and complying with such regulations affecting obstructions as the Village Engineer may prescribe. No owner or lessee of any premises in the Village shall permit any goods, wares or merchandise owned or controlled by him to be kept, stored, displayed or sold on or directly above any sidewalk adjoining such premises. No owner or lessee of any premises in the Village shall permit any refuse or waste from such premises to be kept or stored on or directly above any sidewalk adjoining such premises without first securing a written permit from the Village Manager Village Board of Trustees 06/28/2016 265 and complying with such regulations and restrictions as may be prescribed in such written permit. [1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). § 256-2. Poles and wires. No person shall, without first securing a written permit from the Village Engineer, erect or cause to be erected or change the location of any telephone, telegraph or electric light or electric transmission pole in or string any wires or construct any conduit over or upon any public street, sidewalk, park or other public place. [1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). § 256-3. Rubbish and obstruction of public places and watercourses. No person shall throw or cause to be thrown in any street, park or other public place or in any public drain, ditch or watercourse any rubbish or other solid matter or cause any obstruction or injury to any such drain, ditch or watercourse or divert or stop the flow thereof. Article II. Openings § 256-4. Permit required; fees and deposits to be paid. [Amended 5-13-1980 by L.L. No. 1-1980[1]] No person shall open or cause to be opened the surface pavement or soil in any portion of the public right-of-way, public easement, park or other public place, without first securing a written permit from the Village Engineer. Prior to the issuance of a permit, the applicant shall pay the fees and deposits fixed by resolution of the Board of Trustees. [1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). § 256-5. Responsibility for repairs and restoration. [Amended 5-13-1980 by L.L. No. 1-1980[1]] In the case of openings for sewers, drains, water, gas, telephone or other public utility purposes, the applicant for the permit is responsible for the temporary repair of the opening within the public right-of-way, public easement, park or other public place and must pay the fees and deposits fixed by resolution of the Board of Trustees. In such case, the Village Engineer, in his discretion, at the time of issuing the permit, may authorize the applicant for the permit to do all the work required for permanent restoration of any opening within type of said public right-of-way, public easement, park or other public place and pay the fees and deposits fixed by resolution of the Board of Trustees. In the event that the Village Engineer does not authorize the applicant for such permit to do any of the work required for the permanent restoration of the opening within the public right-of-way, public easement, park Village Board of Trustees 06/28/2016 266 or other public place, the regular fees fixed by resolution of the Board of Trustees for this purpose shall apply. [1]Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). § 256-6. Multiple neighboring openings. [Amended 5-13-1980 by L.L. No. 1-1980; 3-14-1989 by L.L. No. 6-1989] In case two or more neighboring openings are made at one time, the Village Engineer may allow the same under one permit, charging therefor only one fee for issuing the permit but separate fees for the restoration and inspections. § 256-7. Replacement of concrete slabs. [Amended 5-13-1980 by L.L. No. 1-1980] Whenever a concrete slab is cut or broken, the area to be replaced shall include a full slab. § 256-8. Replacement of curbing. [Amended 5-13-1980 by L.L. No. 1-1980] Any curbing removed by any person shall be reset or replaced. Any person failing to restore curbing to its original condition shall be required to pay an additional fee as fixed by resolution of the Board of Trustees. Any person constructing a new or substantially improved home may be required to install, replace or re-set granite curbing along the edge of pavement adjacent to the entire property, as directed by the Village Engineer. § 256-9. Additional fees for macadam and concrete sidewalks. [Amended 5-13-1980 by L.L. No. 1-1980] In the case of openings made in macadam or concrete sidewalks, a fee as fixed by resolution of the Board of Trustees in addition to any other required fee shall apply.[1] [1]Editor's Note: Current fees are available and on file in the office of the Village Clerk. § 256-10. Limits on multiple openings. [Amended 5-13-1980 by L.L. No. 1-1980] In no case shall permits be granted to anyone other than a public service corporation for more than five openings to be made simultaneously. § 256-11. Fees and deposits. [Amended 5-13-1980 by L.L. No. 1-1980; 2-8-2000 by L.L. No. 2-2000] The following fees and deposits for restoration shall be fixed by resolution of the Board of Trustees pursuant to this section: Village Board of Trustees 06/28/2016 267 A. In the cases of openings in cinder or dirt roadways: (1) For permit. (2) For restoration. (3) Inspection. B. In the cases of openings in macadam or similarly paved roadways: (1) For permit. (2) For restoration. (3) Inspection. C. In the cases of openings in concrete roadways or roadways with a concrete base: (1) For permit. (2) For restoration. (3) Inspection. D. In case openings exceeding four square yards in area are made in the traveled or paved portion of roadways, additional fees for repairs shall be paid for areas in excess of four square yards, at a rate fixed by resolution of the Board of Trustees: (1) In cinder or dirt roadways. (2) In macadam or similarly paved roadways. (3) In concrete roadways or roadways with a concrete base. E. In the case of openings in macadam sidewalks. F. In the case of openings in concrete sidewalks. G. For failure to restore curbing to its original condition. H. In the case of connections made to the Village sanitary sewer system. I. In the case of connections made to the Village storm sewer system. [1]Editor's Note: Current fees are available and on file in the office of the Village Clerk. § 256-12. Insurance. [Amended 3-14-1989 by L.L. No. 6-1989; 3-9-2004 by L.L. No. 1-2004] A. For street openings, sidewalk openings or any excavation in a public place totaling 500 square feet or less, no permit shall be issued for any such opening until the person desiring to make such opening or the person for whom it is to be made shall furnish to the Village insurance, evidenced by a certificate of insurance naming the Village as additional insured, in form satisfactory to the Village Attorney, with limits for personal injury of not less than $1,000,000 for any one person and not less than $3,000,000 for any one accident and not less than $100,000 for any one accident and $500,000 in the aggregate for property damage, insuring the Village, its officers, employees and agents against any liability for personal injury Village Board of Trustees 06/28/2016 268 or property damage, directly or indirectly resulting from or arising out of the granting of any such permit or any such opening or the method and manner of doing any work permitted or required by any such permit or under this article or any negligent act or omission in connection therewith on the part of the permittee, his employees or agents, provided that a public service corporation may, at its option, file an undertaking, in form satisfactory to the Village Attorney, to indemnify and save harmless the Village, its officers, employees and agents from any such liability, covering all openings made by it. B. For street openings, sidewalk openings or any excavation in a public place greater than 500 square feet, no permit shall be issued for any such opening until the person desiring to make such an opening or the person for whom it is to be made shall furnish to the Village a separate Owners and Contractors Protection Policy, in form satisfactory to the Village Attorney, with limits for personal injury of not less than $1,000,000 for any one person and not less than $3,000,000 for any one accident and not less than $100,000 for any one accident and $500,000 in the aggregate for property damage, insuring the Village, its officers, employees and agents against any liability for personal injury or property damage, directly or indirectly resulting from or arising out of the granting of any such permit or any such opening or the method and manner of doing any work permitted or required by any such permit or under this article or any negligent act or omission in connection therewith on the part of the permittee, his employees or agents, provided that a public service corporation may, at its option, file an undertaking, in form satisfactory to the Village Attorney, to indemnify and save harmless the Village, its officers, employees and agents from any such liability, covering all openings made by it. § 256-13. Compliance required; requirements. [Amended 3-14-1989 by L.L. No. 6-1989] The person to whom the permit is issued shall see that the requirements contained in this article are observed. A. Any excavation, other than for paving, within the right-of-way shall be made by hand and not by power-driven equipment, unless by special permission of the Village Engineer. B. All excavations shall be by open cut, unless by special permission of the Village Engineer. C. All trenches shall be backfilled using K-KCrete 50 in the traveled way or under sidewalks; trenches outside the traveled way shall be backfilled with K-KCrete 50 or with soil tamped in layers not exceeding 12 inches in depth. D. All work done under any permit issued hereunder, whether directly by the permittee or by others to whom the work is sublet contracted to, shall conform to the requirements of the Village Engineer and shall be under full supervision of the permittee, who shall be solely responsible for the character of the work done. Village Board of Trustees 06/28/2016 269 E.The Village of Scarsdale reserves the right to hire a third party inspection service/inspector to oversee the opening and restoration of any work performed in the public right-of-way, public easement, park or other public place. All fees associated with this service shall be paid by the applicant prior to the issuance of any permit by the Village Engineer. F.At the request of the Village Engineer, the applicant must supply a detailed maintenance and protection of traffic (MPT) plan, as per New York State DOT standards, showing the area of proposed work, all signage to be installed, detour routes, location of traffic control personnel, proposed lane closures, or any other requirement specified by the Village Engineer. The use of Scarsdale Police Department personnel may be required for additional traffic control. The expense for such personnel usage shall be paid by the applicant. After the Village Engineer approves the MPT plan, the applicant must submit the approved MPT plan to all Village emergency service departments and agencies. § 256-14. Temporary repairs. [Added 5-13-1980 by L.L. No. 1-1980; amended 3-14-1989 by L.L. No. 6-1989] The permittee is responsible for the temporary repair of the trench. Temporary trench repair is to consist of two inches of asphalt concrete placed on top of the K-KCrete backfill and level with the existing road surface. § 256-15. Time limit for work; closing trench for noncompliance. [Amended 3-14-1989 by L.L. No. 6-1989] The Village Engineer may prescribe the time when the work shall be done and the length of time that any trench or other excavation may remain open. He may cause any such trench or opening to be filled up or closed at the expense of the person to whom the permit is issued in case of noncompliance with the terms of such permit or other conditions prescribed at any time by the Village Engineer. § 256-16. Permanent trench repair. Temporary trenches shall be widened a minimum of one foot beyond the original cut or any crack developed from the adjacent pavement settling because of the excavation. The base course of road pavement shall consist of New York State Department of Transportation asphaltic concrete Type 1A to a depth equal to the existing base course (four inches minimum); top course of pavements shall consist of 2 1/2 inches of New York State Department of Transportation asphaltic concrete Type 7F in two lifts. Asphalt thickness and materials shall conform to the standard construction details maintained by the Village Engineer. All final pavement restoration limits shall follow the guidelines depicted in the “Minimum Pavement Restoration Limits” diagram as adopted by the Board of Trustees, and amended from time to time. The “Minimum Pavement Restoration Limits” diagram shall be Village Board of Trustees 06/28/2016 270 maintained by the Village Engineer. The edges of the all trenches shall receive a liberal application of asphaltic emulsion to seal edges. [1]Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). § 256-17. Protection around opening. The person to whom the permit is issued shall maintain sufficient guards, barricades, lights or watchmen to protect persons and property against injury and damage by reason of any such opening. Article III. Drainage [Amended at time of adoption of Code[1]] [1]Editor's Note: See Ch. 1, General Provisions, Art. I. § 256-18. Connection to public stormwater drainage system. No person shall connect any drain designed to conduct storm-, surface or subsurface water with any part of the public stormwater drainage system until the plans thereof drawn to scale shall have been filed with and approved by the Village Engineer and his written permit issued therefor. No person shall backfill any trench in which such drain is laid or constructed until the Plumbing Inspector shall have inspected the same and issued his written approval thereof. § 256-19. Drainage onto streets and sidewalks. Except in case of temporary emergency, no person shall cause or permit any water or other liquid to be pumped or forced to run from or out of any building or premises upon or across any sidewalk or curbstone or into any street without first securing a written permit from the Village Engineer. Article IV. Culverts and Gutters [Amended at time of adoption of Code[1]] [1]Editor's Note: See Ch. 1, General Provisions, Art. I. § 256-20. Culverts. No person shall construct, alter, repair or remove any culvert along or near to the line of the gutter of any public street without first securing a written permit from the Village Engineer and complying with such specifications as the Village Engineer may prescribe. In case any such culvert under any private entrance shall become broken or damaged or insufficient properly to carry off the water flowing thereto, the owner of the premises for which such private entrance is provided shall, upon demand of the Village Engineer, forthwith Village Board of Trustees 06/28/2016 271 reconstruct the same in accordance with such specifications as the Village Engineer may prescribe. § 256-21. Interference with gutters. No person shall obstruct, or construct any structure interfering or tending to interfere with the free and open operation of, any gutter of any public street without first securing a written permit from the Village Engineer and complying with such specifications as the Village Engineer may prescribe. Article V. Sidewalks § 256-22. Snow and ice removal. A. The owner, lessee, tenant, occupant or other person having charge of any building or lot abutting upon any paved sidewalk shall keep the sidewalk adjacent to such building or lot free and clear of snow and ice; provided, however, that failure to clear snow or ice from a sidewalk within a period of four hours, not including the time between 9:00 p.m. and 7:00 a.m., after the snow ceases to fall or the ice to form shall not be deemed a violation of this section. In case the snow or ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, such person shall, as soon thereafter as the weather shall permit, remove the same and, in the meantime, cause the sidewalk adjacent to such building or lot to be strewed with ashes, sand, sawdust or similar material. B. No act of the Village in removing snow or ice from any such sidewalk shall affect the obligation imposed by this section on such person. § 256-23. Curb cuts. [Amended 5-13-1980 by L.L. No. 1-1980; 3-14-1989 by L.L. No. 6-1989; 9-22-1992 by L.L. No. 7-1992; 3-9-2004 by L.L. No. 1-2004] No person shall lower any curb or change the grade of any sidewalk for the purpose of providing vehicular access across such curb or sidewalk without first securing a written permit from the Village Engineer and complying with the following requirements: A. Application shall be made, in writing, by the owner of record of the abutting premises to the Village Engineer. Such application shall set forth the points at which such vehicular access shall begin and end in relation to curb- and property lines and the materials of which it shall be constructed. B. The Village Engineer shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing vehicular access across such curb or sidewalk when, in his opinion, the actual or intended use of such vehicular access would endanger pedestrians or traffic. Village Board of Trustees 06/28/2016 272 C. Prior to the granting of any such permit, the Village Engineer shall charge a fee and shall exact a cash deposit per linear foot of the width of the proposed curb cut, which deposit shall be refunded upon completion of the curb cut to the satisfaction of the Village Engineer. The Village Engineer shall charge a fee for the inspection of the completed curb cut and may make such rules for the proper care and cleaning of such curb cut as he deems advisable. All fees pursuant to this section shall be fixed upon resolution of the Board of Trustees. D. No such permit shall be issued until the applicant shall furnish the Village insurance, in a form satisfactory to the Village Attorney, with limits of not less than $1,000,000 for any one person and not less than $3,000,000 for any one accident for personal injury and not less than $100,000 for any one accident and $500,000 in the aggregate for property damage, insuring the Village, its officers, employees and agents against any liability or personal injury or property damage, directly or indirectly resulting from or arising out of the granting of any such permit or the making of such curb cut or the method and manner of doing any work permitted or required by any such permit or under this section or any negligent act or omission in connection therewith on the part of the permittee, his employees or agents. E. Every such curb cut shall be constructed under the supervision and subject to the direction of the Village Engineer and on condition that, upon failure to comply with the terms of the permit, the Village Engineer may revoke the permit and cause the curb and sidewalk to be restored to their original condition at the expense of the owner of record of the abutting premises. F. Should the use of the curb cut, in the opinion of the Village Engineer, be or become dangerous to pedestrians or traffic, the Village Engineer shall mail a written notice to the owner of record of the abutting premises to discontinue use of such curb cut and to restore such curb and sidewalk to the original condition within 10 days of the mailing of the notice, and such owner shall comply with such notice within 10 days. If such owner shall fail to so comply with such notice, the Village Engineer may revoke the permit and cause the curb and sidewalk to be restored to their original condition at the expense of the owner of record of the premises. G. In case any part of a curb cut shall not be paved, repaved or repaired according to reasonable requirements of the Village Engineer, the Village Engineer shall mail a written notice to the owner of the abutting premises directing that the same be so paved, repaved or repaired, as the case may be. Such owner shall comply with such notice within 10 days. If said owner fails to comply with such notice, the Village Engineer may cause the curb cut to be paved, repaved or repaired, as the case may be, at the expense of such owner. H. The owner of a lot may appeal from any decision of the Village Engineer. The appellant shall apply to the Planning Board within 60 days after the decision to deny a curb cut permit, with an information copy to the Village Engineer. This appeal shall include a statement of Village Board of Trustees 06/28/2016 273 guaranty that all expenses for any required opinion obtained from an independent consulting traffic engineer shall be paid by the appellant and shall be accompanied by a fee as set by resolution of the Board of Trustees. I. The Planning Board may grant a waiver from the decision of the Village Engineer. In making its decisions, the Planning Board must find that the result will, in its judgment, not be in conflict with the public health, welfare and, in particular, with considerations of traffic safety and may attach appropriate conditions and safeguards to such waiver. J. The Village Engineer is authorized to promulgate standards and guidelines for the construction and maintenance of driveways. Such standards and guidelines shall be filed with the Board of Trustees upon promulgation. Article VI. Street Numbers [Added 3-14-1989 by L.L. No. 6-1989] § 256-24. Purpose. The purpose of this article shall be to require the clear display of house numbers from public streets for all properties that contain principal buildings within the Village in order to assist the general public or the authorities in identifying any property in case of an emergency, as well as for the welfare of the general public in conducting its normal affairs. § 256-25. Applicability. This article shall apply to all properties within the Village that contain a principal building thereon, whether or not said building is occupied. Such premises shall bear and display at least one set of house numbers, which shall be assigned by the Village Engineer. Buildings facing two or more public roadways shall be required to display auxiliary numbers, if necessary, to pass the visibility test (as hereinafter set forth) when viewed from those points in the center line of the public roadway opposite those points where regularly used pedestrian or vehicular passageways enter the public roadway. § 256-26. Specifications and requirements. A. In order to comply with this article, house numbers shall be Arabic in design, shall have a minimum height of two inches and shall be mounted in a secure fashion to the building's front wall or to a porch or other fixed appurtenance in front of the building in the general vicinity of the main entryway or main path of travel which leads to the main entrance from a public street or otherwise separately and securely mounted upon the face of a wall or upon a post in the front yard of the premises. Village Board of Trustees 06/28/2016 274 B. Auxiliary numbers shall be mounted at a height between four feet and 10 feet above the adjacent grade or exterior landing directly beneath but never higher than 15 feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during the daylight hours by a person possessing at least 20/40 vision as he views the numbers from the center line of the facing street and at an elevation of five feet above the finished surface thereof. C. The numbers shall be so placed that trees, shrubs or other obstructions do not block the line of the numbers from the center of the street to any appreciable degree. § 256-27. Existing numbers. Existing numbers used on premises which essentially comply with numbers officially assigned by the Village Engineer, at least to the extent that such number or numbers are in logical sequence with number or numbers assigned to properties on either side which are located on the same side of the street, shall be considered as bearing the correct number or numbers for the purposes of this article. § 256-28. Existing installations. Existing installations which essentially meet the requirements and/or spirit of this article, including numbers presently on or attached to a mailbox, shall be deemed to be in compliance without further alteration. § 256-29. Failure to comply. The absence of house numbers or the insecure fastening or absence of any integer thereof or the use of any number out of logical sequence for the street toward which it faces or the failure of a number to meet the elevation requirement or the visibility requirements shall be considered as a violation of this article. Failure on the part of the property owner to comply with the provisions of this Article within a period of 15 days from the date of issuance of a notice of violation shall be sufficient cause for the Village Engineer to proceed with carrying out the provisions of this article and assess any costs incurred to the property owner concerned, with a minimum charge of $25 for each property in violation. § 256-30. Assignment of numbers. The final authority for determining and assigning the number or numbers to be used upon any particular property shall be the Village Engineer of the Village of Scarsdale, such authority being delegated to the Village Engineer by the Board of Trustees pursuant to § 4- 412 of the Village Law. Article VII. Penalties Village Board of Trustees 06/28/2016 275 [Added at time of adoption of Code[1]] [1]Editor's Note: See Ch. 1, General Provisions, Art. I. § 256-31. Penalties for offenses. Unless otherwise provided, any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment The continuation of an offense against the provisions of this chapter shall constitute for each day the offense is continued, a separate and distinct offense hereunder. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Underline means addition. Strikethrough means delete. AYES NAYS ABSENT Trustee Callaghan None Mayor Mark Trustee Finger Trustee Pekarek Trustee Stern Trustee Veron Acting Mayor Samwick ******** Public Comment None. ******** Law Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Veron, the following resolution regarding the Adoption of Village of Scarsdale Minimum Pavement Restoration Limits was approved by the vote indicated below: WHEREAS, the Village Board of Trustees is desirous of maintaining a well- functioning, aesthetically pleasing, road network and is committed to preserving its life cycle, and Village Board of Trustees 06/28/2016 276 WHEREAS, an increase in new home construction coupled with aging gas, electric, water, sewer and communication mains within the Village require general contractors and utility, telecommunication companies to install, replace and repair underground infrastructure which necessitates the need to excavate within the roadway, this increased activity leads to deteriorating roadway infrastructure within the Village; and WHEREAS, the Board of Trustees of the Village of Scarsdale recognizes it is prudent to require proper restoration of its roadways; and WHEREAS, the development of minimum pavement restoration limit standards is necessary to ensure the restoration of all Village roadways in a uniform manner; and WHEREAS, the Village Engineer of the Village of Scarsdale has developed acceptable pavement limits for proper restoration of the Village’s road network following the completion of construction activities; and WHEREAS, the restoration requirements depicted on the “Minimum Pavement Restoration Limits” diagram, attached hereto and made part hereof adequately accomplishes the above, now therefore be it RESOLVED, that the “Minimum Pavement Restoration Limits” diagram dated June 20, 2016, attached hereto and made part hereof is herein adopted by the Village Board. AYES NAYS ABSENT Trustee Callaghan None Mayor Mark Trustee Finger Trustee Pekarek Trustee Stern Trustee Veron Acting Mayor Samwick ******** Personnel Committee Acting Mayor Samwick stated that the Board is very pleased to do the next appointment. Village Board of Trustees 06/28/2016 277 Upon motion entered by Acting Mayor Samwick, and seconded by Trustee Veron, the following resolution regarding Appointment of Fire Chief was approved by the vote indicated below: WHEREAS, Thomas Cain is retiring from the Scarsdale Fire Department effective July 17, 2016, after nearly thirty-two years of distinguished service, ten and one half years of which he served as the Fire Chief; and WHEREAS, to assist in the selection of Chief Cain’s successor, an interview panel consisting of elected and former elected officials, senior Village staff, and a career fire service professional was assembled to evaluate and interview the four candidates who applied for the position; and WHEREAS, the candidates were examined thoroughly by the members of the interview panel in areas of firematics, organizational theory, management style, public budgeting, leadership abilities, and professionalism; and WHEREAS, on June 2, 2016, the panel filed the report attached hereto, naming two finalists for consideration by the Mayor and Village Manager; and WHEREAS, the Mayor and the Village Manager reviewed the background and experience of the finalists, having then interviewed both on June 13, 2016; now, therefore, be it RESOLVED, that pursuant to §4-400(1)(c)(i) of the New York State Village Law and §A318-4(A) of the Scarsdale Village Code, Captain James Seymour is hereby appointed to the position of Fire Chief for the Village of Scarsdale commencing on July 18, 2016, with the compensation to be determined by the Village Manager. AYES NAYS ABSENT Trustee Callaghan None Mayor Mark Trustee Finger Trustee Pekarek Trustee Stern Trustee Veron Acting Mayor Samwick Acting Mayor Samwick stated that he would like to be the first to congratulate the Village’s incoming Fire Chief Seymour and thanked him for his service. Acting Mayor Samwick stated that he would also like to take this opportunity to thank Fire Chief Cain for all of his work and dedication for 32 years. Village Board of Trustees 06/28/2016 278 ******** Upon motion entered by Trustee Veron, and seconded by Trustee Finger, the following resolution regarding an Appointment to the Advisory Council on Human Relations was approved by a unanimous vote: WHEREAS, the Advisory Council on Human Relations was organized on January 24, 1978, to advise and assist the Village Board of Trustees in fostering mutual respect and understanding among all individuals in the community; and WHEREAS, the constitution of the Advisory Council on Human Relations provides for a total of up to twelve (12) members serving staggered two-year terms, with the current Council consisting of nine members, allowing for additional appointments; and WHEREAS, Michelle Sullivan Lichtenberg, 91 Greenacres Avenue, has expressed an interest in serving on the Council on Human Relations; and WHEREAS, the Village Board’s Personnel Committee convened on June 14, 2016, to discuss this matter and voted to recommend to the Full Board that Michelle Sullivan Lichtenberg be appointed to the Advisory Council on Human Relations for a term ending April 2, 2018; now, therefore, be it RESOLVED, that Michelle Sullivan Lichtenberg, 91 Greenacres is hereby appointed to serve as a member of the Advisory Council on Human Relations for a term ending April 2, 2018, or until such time as a successor is appointed. ******** Upon motion entered by Trustee Veron, and seconded by Trustee Pekarek, the following resolution regarding Appointments to the Advisory Council on People with Disabilities was approved by a unanimous vote: WHEREAS, the Advisory Council on People With Disabilities was created by resolution of the Village Board in 1984 with the purpose of assisting the Board in certain matters and issues to advance the interests of Village residents with disabilities; and WHEREAS, the constitution of the Advisory Council on People with Disabilities provides for a total of seven to nine members serving two-year terms, Village Board of Trustees 06/28/2016 279 with the current council consisting of five members, allowing for additional appointments; and WHEREAS, Marjorie A. Meiman, 13 Wakefield Road, and Ronny Hersch, 32 Benedict Road, are interested in serving on the Advisory Council on People with Disabilities for a two-year term ending April 2, 2018; and WHEREAS, the Village Board’s Personnel Committee convened on June 14, 2016, to discuss this matter and voted to recommend to the Full Board that Marjorie A. Meiman and Ronny Hersch be appointed to the Advisory Council on Human Relations for a term ending April 2, 2018; now, therefore, be it RESOLVED, that Marjorie A Meiman, 13 Wakefield Road, and Ronny Hersch, 32 Benedict Road, are hereby appointed to serve as members of the Advisory Council on People with Disabilities for a term ending April 2, 2018, or until such time as a successor is appointed. ******** Municipal Services Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Callaghan, the following resolution Awarding VM Contract #1202 – Furnish and Install New 60’ X 120’ Full Span Fabric Salt Shed Structure was approved by the vote indicated below: WHEREAS, as part of the Village’s snow and ice removal program, an average of 3,000 tons of salt is used per year, all of which must be stored and protected from the elements at our 25 Ramsey Road facility, ready for safe and efficient access when needed; and WHEREAS, the existing “lean-to” type shelter is functionally obsolete, in that its storage capacity is only approximately 1,000 tons, is operationally cumbersome, in that its bay-style segmentation leads to excessive time and effort to store and remove salt piles, and is structurally unsound, as evidenced by concrete delamination, rusted steel rebar reinforcement, and rotting timbers; and WHEREAS, in order to address the structural and operational deficiencies of the existing aged structure, it is necessary to replace it with a cost- effective, modern, large span, lightweight metal enclosure featuring a fabric cover and providing a slightly larger footprint to facilitate increased storage and elimination of problematic dividing walls, Village Board of Trustees 06/28/2016 280 resulting in improved operational efficiency and enhanced storage capacity; and WHEREAS, on April 26, 2016, the Board of Trustees adopted a resolution to transfer $250,000 in unassigned General Fund Balance to the Capital Fund for design and construction of a new salt shed and associated site work, with said preparatory demolition and site work already underway; and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on June 3, 2016, through VM Contract # 1202 - Furnish and Install New 60’ X 120’ Full Span Fabric Salt Shed Structure; and WHEREAS, on the bid opening date of June 14, 2016, four bids were received, with the lowest responsible lump sum bid of $123,380 submitted by Structures Unlimited, LLC, a company qualified to provide the required materials and install the full span fabric salt shed; now, therefore, be it RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1202 - Furnish and Install New 60’ X 120’ Full Span Fabric Salt Shed Structure with Structures Unlimited, LLC. C4640 State Highway 97, Stratford, WI 54484 at the total lump sum cost of $123,380; and be it further RESOLVED, that the $123,380 cost to Furnish and Install a New 60’ X 120’ Full Span Fabric Salt Shed Structure be charged to the Capital Budget Account H-5197-963 2016-112-Pub Bldg – DPW Salt Shed; 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. AYES NAYS ABSENT Trustee Callaghan None Mayor Mark Trustee Finger Trustee Pekarek Trustee Stern Trustee Veron Acting Mayor Samwick ******** Village Board of Trustees 06/28/2016 281 Other Committee Reports Trustee Veron reported on the Advisory Council on Scarsdale Senior Citizens. She noted that this evening the Chair of said Council, Carol Silverman, and a member of the same Council, Lynne Clark spoke during the public hearing. She acknowledged the hard work of this Council. The Council is looking into options to expand their reach and increase their trips. They are also very positive about working with other community members on efforts to bridge the generations. She stated that she is very enthusiastic about the commitment on behalf of the Advisory Council of Scarsdale Senior Citizens and the energy behind all of their initiatives. Trustee Veron also stated that she would like to laud Village staff on improved communications. There have been a lot of citizen requests for improved communications. The Village desires communications to be as user friendly as possible and to enable the give and take of citizen comment. She stated that she had the pleasure of meeting with Deputy Village Manager Cole as well as Village Manager Pappalardo to go through the communication strategy and the new platform that the Village is working to build. The platform incorporates best practices and she stated that she feels the citizenry will be extremely delighted by the improved communications. The Village will be launching that effort this fall and she looks forward to a very robust communications platform. ******** Liaison Reports Trustee Callaghan gave a brief report on the activities of the Parks and Recreation Department. He noted that the summer activities are in full swing; the pool and summer camps are open, and they are in the process of purchasing a batting cage for the new softball field at Crossway. They are also finalizing a contract for a football club in Scarsdale. ******** Public Comments Acting Mayor Samwick stated that in the enthusiasm to adopt the Road Restoration Standards, the Public Comments section of the meeting was inadvertently omitted. Therefore at this time he requested any comments from the public. As no comments were offered, the Public Comments portion of the meeting was closed. ******** Village Board of Trustees 06/28/2016 282 Acting Mayor Samwick recognized Trustee Callaghan at this time for comment. Trustee Callaghan stated that he would like to share his reflection on the revaluation process. He stated that first of all, he wanted to thank all those residents that came forth with their opinions and expression. He felt that their depth of perception of this very complex issue and the clarity with which they expressed themselves was truly remarkable. Trustee Callaghan noted for the record that the Trustees have been in angst over this issue since it first began. There is not one sitting Board member that hasn’t had a tummy ache or a headache or body ache over this. He stated that he wanted the residents to know that the Trustees are moving in a very restricted area that has very limited options both legally, regulatory and administrative. Some unintended consequences of the Ryan revaluation had to do with happy people getting flipped into the unhappy people, and vice versa. Senior citizens and first home buyers in Scarsdale were injured by this. He stated that he has been speaking with real estate agents and the rental market is slowly creeping up because the private homes are literally beyond the reach of young first time homeowners. What is a Trustee is really concerned with? When called upon to speak to CNC at the Mayor’s request, regarding the qualifications for a Trustee, he likened the process to a popular song “How do you keep the Music Playing, how do you make it last, and how do you keep the song from fading too fast”. What that has to do with the Trustees is the first two, how to keep the music playing, how to make it last, has to do with the superb Village staff we have. Mr. Pappalardo is only the 5th Village Manager in nearly 100 years. That is sustainability at its best. These folks help the Trustees to monitor, govern and direct the Village. And if the Trustee tries to make Scarsdale a better place as it grows, with any luck, the music never ends. That’s our job, our only job. We have folks like Mr. Pappalardo, Donna, Mary Lou, Rob Cole, Ingrid, Josh, Samantha, all the rest of the Village staff help the Trustees do this. Another unanticipated consequence of this Reval was the possible eroding of the Village character. That is, the Village in the Park. As I have said before, senior citizens sell the property on small pieces of property and these properties are spread throughout Scarsdale – Murray Hill, Heathcote, Edgewood, Fox Meadow – they are all over. Tear downs will occur as a result of seniors selling their homes. Replacement homes will be built to the edge of the envelope. Trustee Callaghan stated that he knows this from 14 years of experience with the Board of Appeals – these homes do not need Board of Appeal approval. They go to the end of the envelope; beyond the reach of the first time young homeowner. In closing, Trustee Callaghan stated that this Village has always been to him synonymous with the words sterling on silver and we don’t want to tarnish that and he didn’t think that anyone sitting on the dais would even think of doing that. He stated that he wanted to go on record and wanted the folks watching this Board meeting on television to Village Board of Trustees 06/28/2016 283 know the Board is going through a lot of angst and they are dealing in a very confined environment. The Board as a group intend to keep on keeping on with this until they reach a reasonable conclusion. Thank you. ******** Written Communications Village Clerk Conking stated that thirty-six (36) communications have been received since the last meeting. All communications can be viewed on the Village’s website, www.scarsdale.com under the Board of Trustees or Village Clerk section. Twenty-nine (29) emails & letters regarding the 2016 Revaluation were received from the following:  Farley Baker, 182 Johnson Road  Janis Klavins, 5 Broadmoor Road – Mayors response included  Jane Curley, 7 Hamilton Road – Mayors response included  Laura Kunkin, 9 Continental Road  Lou Mancini, 40 Carman Road  Mary & Allan Shapiro, 12 Ferncliff Road  Mary Beth Evans, 16 Edgewood Road – Mayors response included  Mayra Kirdendall-Rodgriguez, 19 Fox Meadow Road (8 communications) – Mayors response are included  Michael Seymour, 85 Greenacres Avenue – Mayors response included  Mike Kunkin, 9 Continental Road  Min Lucy Luo, 36 Carman Road  Nickolai Baturin & Brice and Mayra Kirdendall-Rodgriguez  A Real Estate Professional  Robert Berg, 32 Tisdale Road (2 communications) – Mayors response included  Rocco & Sheila Alfano, 170 Clarence Road – Mayors response included  Susan Levine, Ardmore Road  Wuhong Zhang, 19 Kent Road – Mayors response included  Petition to Void 2016 Scarsdale Revaluation  Leah Dembitzer  Michele Braun, 14 Wakefield Road  Village Response to Questions Submitted by Residents Nickolai Baturin and Brice & Mayra Kirdendall-Rodgriguez Regarding the Village-Wide Revaluation Four (4) emails regarding Grass Clipping pickups was received from the following: Village Board of Trustees 06/28/2016 284  Robert Malenitza  Susan Levine, Ardmore Road  Dina & Chris Corrini, 306 Heathcote Road  Ron Schulhof Additional Correspondence was received as follows:  An email from Michelle Sterling and Ron Schulhof regarding the Food Composting Initiative  Emails from Jeffrey Watiker and Alan Steinfeld regarding speeding on Carthage Road – Mayor response included  An email from Madelaine Eppenstein, Co-President, Friends of the Scarsdale Parks regarding the fall leaf collection and grass clippings pickup. ******** Future Meeting Schedule Acting Mayor Samwick announced the following future meeting schedule:  Monday, June 27, 2016 – Committee of the Whole – 8:00 P.M. – Rutherford Hall Acting Mayor noted the above meeting held last night of the Committee of the Whole concerning the 2016 Revaluation. He stated that the Board knows that this is one of the most important things that they do as a body and the Board does hear every single comment that is made. The Board absolutely takes it to heart and are working very hard and very diligently to try to resolve this as best they can as Trustee Callaghan stated within the confines of the control that they do have over this process. He asked the residents to please know that the Board does hear them and to please know that the Board has given this an enormous amount of thought and will continue to do so.  Tuesday, July 12, 2016 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, July 12, 2016 – Village Board Meeting – 8:00 P.M. – Rutherford Hall ******** Village Hall Schedule  Monday, July 4, 2016 – Independence Day – Village Hall Closed ******** Village Board of Trustees 06/28/2016 285 There being no further business to come before the Board, Trustee Veron moved to adjourn the meeting at 9:40 P.M., seconded by Trustee Stern and carried by a unanimous vote. Donna M. Conkling Village Clerk