Board of Trustees

Village Board of Trustees 11/22/2016 465 THREE THOUSAND TWO HUNDRED SIXTY-EIGHTH REGULAR MEETING Rutherford Hall Village Hall November 22, 2016 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, November 22, 2016, at 8:00 P.M. Present were Mayor Mark, Trustees Callaghan, Finger, Pekarek, Samwick, 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 Wednesday, November 9, 2016 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Finger, and carried unanimously. ******** Bills & Payroll Trustee Samwick reported that he had audited the Abstract of Claims dated November 22, 2016 in the amount of $1,245,960.69 which includes $53,835.82 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Samwick and seconded by Trustee Pekarek, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated November 22,, 2016 in the amount of $1,245,960.69 is hereby approved. ******** Mayor’s Comments Mayor Mark made the following comments: Village Board of Trustees 11/22/2016 466 “Residents looking back on the tumultuous events of 2016—whether on a world, national or Village level -- may be more inclined to ask for mercy and guidance than to offer thanks for our many blessings. However, we here in Scarsdale have much to be thankful for and we should not forget that. We live in a community that through our collective effort gives the highest priority to the education of our children and maintenance of our beautiful Village in the Park. We are far from perfect in achieving the goals we expect of ourselves, but we keep trying and work hard toward doing better. We are able, for the most part to find ways to have community dialogues about matters of importance. While the volume of those discussions is raised from time to time we are willing and able to keep the conversation going and working through our issues though we may not progress at the speed we would like in arriving at solutions. Next Tuesday, November 29th, we will hold another public meeting at 6:55 pm in Village Hall to hear a presentation by the Library Board of their present proposal for renovating the Library. The Library Board has been working hard on this proposal for several years. The latest iteration of what they propose has been scaled back in response to community feedback and comments from this Board and Village Staff. We will be interested to hear both the presentation and residents’ comments on it – both pro and con. It is hoped the meeting will be well attended. Those who do not wish to come to Village Hall on the 29th –or are unable to come – will be able to watch the meeting on the public access cable channel and it will also be streamed live on Scarsdale Public TV’s web site. Comments can be emailed to the Board by sending them to clerk@scarsdale.com. One goal of that meeting will be to determine what next steps this Board should take, if any, in moving the project forward. We look forward to seeing many of our fellow residents at the meeting. In the meantime, happy Thanksgiving to all and now let us turn to the business of this meeting.” ******** Manager’s Comments Village Manager Pappalardo announced that after three years of service, the Village Engineer, Frank Balbi is leaving the Village’s employ. His last day of work was today. Frank accepted the job as Public Works Superintendent for the Village of Croton-on-Hudson. The Village has been very pleased with Frank’s work during his time with the Village. He has provided technical support for the Planning Board, functioned as our National Flood Insurance Program and Storm water Phase II Coordinator. He managed the storm water permits, tree permits, road resurfacing and curbing programs and he has been instrumental on some of the capital improvement projects dealing with flood mitigation and bridge rehabilitation. The Village wishes Frank well in his new position. Village Manager Pappalardo also announced that the Village has hired David Goessl to replace Frank in the position of Scarsdale Village Engineer. David comes to Scarsdale Village Board of Trustees 11/22/2016 467 from the Town of Mamaroneck where he has worked for the past 20 years. David has extensive credentials as a certified public engineer, registered code enforcement officer, and a certified plans examiner. His responsibilities during his service to the Town are commensurate with those required in Scarsdale which also includes residential storm water plant review, permit issuance, sanitary sewer management, capital project design and management, oversight of the road resurfacing program and land use board attendance and support. David has been involved in a number of shared multi-municipal projects and has worked very closely with residents and land use professionals over the years. He is a graduate of SUNY Buffalo with a Bachelor’s of Science degree. David was interviewed for this position by our Superintendent of Public Works, Benedict Salanitro who has personally worked with him over the years as well as our Human Resources Director and himself. In addition to David’s credentials and knowledge, experience, and expertise he displayed during the interview process, Mr. Pappalardo stated that he was impressed and further reassured by the positive references that David received from longstanding colleagues of his in municipal government, including those within the Town of Mamaroneck. David will begin his employment with the Village on December 12th and the Village looks forward to the continued success of the Engineering Department under his direction. Village Manager Pappalardo next reported that the President of the Scarsdale Volunteer Ambulance Corps (SVAC), David Raizen, made a public appeal at the November 9th Village Board meeting for donations from the community to keep SVAC financially solvent and operational. We heard unsolicited testimonies from audience members praising SVAC’s dedication and personal touch and the genuine caring they provide in provision of this life-saving service. We should all keep in mind that municipalities in New York State are required by law to provide ambulance services to their populace. In the absence of SVAC, which depends predominately on donations to fund its operations, the Village would be contracting for these services at an annual cost to taxpayers in the millions of dollars. That is nothing close to what the Village is paying now which is tens of thousands of dollars. The Village is fortunate that Scarsdale residents like David are dedicated enough to spend countless hours at all hours of the day and night to provide responses to the medical calls that come in. It is truly a unique volunteer organization in the county where more and more municipalities are turning to outside contractors due to the lack of choice. Fortunately most of the Village residents will never have the need to call SVAC for assistance but they should be comforted in knowing that if they ever did, they will receive timely caring and professional service. Village Manager Pappalardo stated that Mr. Raizen called him this week to let him know that his appeal on November 9th has not met his expected results or those of the Corps. He reminded residents again this evening to consider SVAC in their charitable donations. Checks can be sent to SVAC, P.O. Box 92, Scarsdale, New York. Village Manager next introduced the Scarsdale Chief of Police, Andrew Matturro. Chief Matturro will speak this evening about recent burglaries in the Village, the Village Board of Trustees 11/22/2016 468 Department’s hard work to solve some of these crimes and also talk about some preventative measures that all the residents can take to help themselves. Police Chief Matturro thanked the Board and Village Manager for allowing him to address the concerns of residents regarding recent burglaries in the Village. He stated that to date, the Village has experienced 26 completed burglaries Village-wide. The majority of these burglaries occurred during the first quarter of the year. Since that time, the Scarsdale Police Department collaborated with the Burglary Task Force consisting of Scarsdale, Bronxville, Eastchester, Tuckahoe, and Harrison Police Departments in arresting two individuals suspected of committing several of their burglaries. These were two separate individuals or groups committing different types of burglaries. An additional arrest was made by members of the Scarsdale Police Department of an individual suspected of committing a burglary on Crane Road. The Scarsdale Police Department continues to work with this task force along with the Westchester County District Attorney’s office and their Intelligence Center to identify and apprehend further suspects. Although 26 is considered a high number of burglaries, it represents a continued lower number over a period of the last several decades. In the 1980’s into the 1990’s, Scarsdale averaged over 100 burglaries a year. That being said, the Village and the Police Department understand that there is no acceptable level of burglaries or other crime. This is why crime prevention and proactive patrol remain top priorities among the officers. Police Chief Matturro stated that in regard to patrol, marked and unmarked police vehicles using uniformed and plainclothes officers are assigned to areas which have experienced higher incidences of property crimes. So far, this year’s officers have logged over 3,362 hours dedicated to burglary patrol. This is in addition to the over 13,240 calls for service they have received so far this year. In terms of technology, the Department deploys their mobile license plate reader on every tour of duty. This license plate reader records thousands of plates and stores registration information that is used by the Department and is shared with the District Attorney’s Intelligence Center to assist them in their investigations. The Village Manager’s office has authorized the Police Department to purchase an additional license plate reader. Police Chief Matturro continued, stating that it has been mentioned using cameras throughout the Village. The use of cameras on private property has been found to be effective as both a deterrent and for recording valuable evidence. It has not been proven, however, as effective in residential areas. Another very important point is for residents to implement and practice proven crime prevention techniques to help themselves and to assist the Police Department in combatting property crime. The Village has posted a number of these techniques on its website. He emphasized a few techniques to target harden homes. It is important that alarm systems are always activated when there is no one home. It is also important to insure that these systems are operating properly and that battery backups are checked regularly. It is important to have lighting around the perimeter of the home. Motion sensors that are high and out of reach eliminate a cover a darkness for a burglar and it may alert the homeowner or the neighbors to a suspicious activity. Creating a lived in Village Board of Trustees 11/22/2016 469 affect by the use of timer lights within the home is importance to give the appearance that someone is at home. Along these lines, mail or newspapers should not be allowed to accumulate in front of the home. The Scarsdale Police Department has a dark house program where the Police Department offers residents an opportunity to place their homes on the dark house list when they are away from home and out of town. Contact and other information is recorded in the event the Police Department needs to get in touch with homeowners. Patrols will ride by the homes, and when possible, physically check the residence. Lastly, Chief Matturro stated that the Police Department and the Village share the residents’ concerns about property crime. He suggested that this concern be channeled into a partnership where residents feel comfortable calling the police to report suspicious activity. It is extremely important that the police receive these calls right away – they don’t care how insignificant something may seem; if a resident feels uncomfortable or sees something suspicious, residents are encouraged to call. The officers are well trained and will investigate an incident and take appropriate action. It has to be noted that Scarsdale remains one of the safest communities in Westchester and the Police Department will continue to work hard to keep it that way. Mayor Mark thanked Police Chief Matturro for his report this evening and for the good work of the Police Department. ******** Public Comment Representatives of the Scarsdale Concours d’Elegance were present and approached the podium to present grant awards. Larry Patrizio, a Scarsdale resident, introduced himself as well as Jacob Goodman, Daniel Patrizio, Charlie Waller, Sydney Waller, and Jacob Schneider. Mr. Patrizio explained that the Scarsdale Concours is a community based show and their 13th annual show was just completed on October 2nd. It is a non-profit organization where classic vintage cars are displayed. The Scarsdale Concours was started 13 years ago by two high school students and that tradition has been continued with the young Board members here this evening as well as their fathers also working on the Board with them. In completing the charity based driven show, they are here this evening to present the benefits gained from displaying the cars and to thank the Village for having them here this evening. He also thanked the sponsors of the show and the community for coming out and supporting the show, and for the donations of all involved. Mr. Patrizio stated that the three charities have a community based theme. Village Board of Trustees 11/22/2016 470 The first check for $5,000 was presented to the Scarsdale Edgemont Family Counseling Center. The second check was presented to the Warrior and Family Assistance Fund in the amount of $5,000. Finally, the third check was presented to a new charity that they were asked to support the Paulie Strong Foundation which was founded by parents through the loss of their 10 year old son due to pediatric cancer. When asked to support and provide benefit to this organization, they were proud to do so. On behalf of the Concours Board, a check was presented to the family in the amount of $5,000. Mr. Patrizio thanked the Village for supporting their organization and they are looking forward to the next show. He also thanked the community for coming out and supporting them. Trustee Finger stated that he had the privilege of representing the Board this year and he expressed his appreciation for the organization and the countless number of hours that are put into this and asked for a round of applause. Ted L’Estrange, 6 Jeffrey Court, Otisville, New York, spoke about ‘Genocide by Scalpel’ concerning organ harvesting in China. He stated that China’s hospitals transplant approximately between 60,000 and 100,000 human body organs each year. There is no organ transplant program in China. He stated that tens of thousands of prisoners each year are killed for their organs. They and their organs become property of the state. On June 13th of this year, the House of Representatives unanimously passed resolution 343 which ‘condemns the practice of state sanctioned force organ harvesting in China’. European parliament has also passed similar regulations. This killing for profit has been going on for 16 years. He distributed information packets for the members of the Board. Greg Soldatenko, 9 Lenox Place, discussed the 2016 Ryan Revaluation, stating that the methodology was defective, data inputs not properly verified, the sales data cherry picked to feed the model and Mr. Ryan has refused to provide the backup. Ryan failed to fulfill the terms of his contract. He and others are calling on all Scarsdalians to join in bringing an Article 78 action to right the wrong that was done. If any residents would like complete information on receiving the complete letter from his group and how to join the legal action, he stated that they should email Mayra Kirkendall-Rodriguez at scarsdalemayra@yahoo.com, or him at gregsold@gmail.com. Mr. Soldatenko stated that he and his group are calling on the Mayor, Board of Trustees and Village Attorney to release all FOILed emails that members of the public have requested. Robert Harrison, 65 Fox Meadow Road, wished the Mayor, Board of Trustees and staff a Happy, Healthy Thanksgiving. He stated that he supported David Raizen of SVAC at the last meeting. He stated that his family has been a regular contributor to the Village Board of Trustees 11/22/2016 471 fund raising effort and stated that every family in Scarsdale should make some contribution to help keep this excellent volunteer organization a part of the community. Mr. Harrison stated that he appreciated Mr. Soldatenko’s comments; at the last meeting he stated that he had raised issues on the FOIL requests and asked the Village Attorney for the status of those request. He asked for an update from the Village Attorney on the status of those emails and their release to the public. Mr. Harrison read an email from Mayra Kirkendall-Rodriguez regarding her FOIL request status. He complimented the Scarsdale Inquirer for their coverage of the Ryan Revaluation and encouraged Scarsdale10583 to follow up on the FOILed emails and present them to its readers. Mr. Harrison noted an employment letter for Assessor Albanese that he received through a FOIL request, as well as the last Town Board resolution in September 2013, appointing her to the Assessor position for six years. He then stated that the Board had a Law Committee meeting earlier this evening and that one of the items was in regard to O’Connor Davies Auditors’ legal matter. He stated that he was surprised about this and asked if the Board was willing to share anything in this regard with more detail. Also, posted on the lobby bulletin board, was a meeting to discuss a legal matter relative to the 2016 Revaluation project. Mayor Mark spoke to the O’Connor matter – it has been publicly reported that the O’Connor firm was sanctioned by the SEC in connection with an audit that it did of the Town of Ramapo, New York. There are articles about it that one can find via Google. Also, a copy of the sanction order can be found on the SEC’s website. O’Connor is the Auditor for Scarsdale; their sanction had nothing to do with Scarsdale, it had to do with the Town of Ramapo. They were led down a garden path by a Town Supervisor there in how they allowed a receivable that the Town of Ramapo had on its books to be carried. The SEC in investigating the Town of Ramapo, followed the trail and saw that O’Connor Davies was the Auditor and asked them why questions were not asked about how Ramapo was treating the receivable. O’Connor Davies was sanctioned; they were censored and fined. They are still accountants and still audit the financial statements of approximately 140 taxing districts in Westchester. However, because the Village Treasurer had called this to the Board’s attention, the Board wanted to follow up and have representatives from that firm come visit with the Board and explain to them what the situation was. This would allow the Board to consider in a reasonable way as to whether they should continue as the Auditors for Scarsdale. No decision has been made about this one way or the other. There is an agreement in place with O’Connor Davies that runs through 2018 to audit the books of Scarsdale; however, agreements can be terminated. The Board is doing its due diligence in this matter, an Executive Session was held because they sought legal advice regarding this. Village Board of Trustees 11/22/2016 472 In regard to the other meeting to discuss a legal matter relative to the 2016 Revaluation, Mayor Mark stated that the Board continues to review the situation with the Assessor’s office and what the Board might do about that. The Board has retained outside counsel who specializes in municipal employment law to advise them on that. No decisions have been made as of yet; the Board has been working several months with this counsel to advise them on the parameters of the employment laws that affect the Assessor’s office. In response to Mr. Harrison’s question regarding the FOILed emails that have not yet been released, Village Attorney Esannason responded that last week he was able to review 200 or so emails; he anticipates reviewing more tomorrow and hopefully some of those can be sent to the FOIL applicant. There being no further comments, Mayor Mark closed the public comments portion of the meeting. ******** Finance Committee Trustee Samwick reported on the statements of expense and revenue for the various funds of the Village for the first five months of fiscal year 2016-17. General fund appropriations were 47.26% spent as of October 2016. The Village refunded the balance of the 2009 debt issue which added a book expense of $7.1 million to expenditures. Exclusive of this, expenditures were 34.8% spent, as compared to 34.9% in 2015-2016. General Fund Revenues other than property taxes are $13,547,152 through October 2016, including the revenue of $6,295,000 related to the bond refunding. Exclusive of the bond, the resulting revenue of $7,252,152 is an increase of revenue of $357,654 from the 2015-2016 figure of $6,894,498. Building Permit revenue (included in License and Permit revenue) is $35,800 less than last year. Recreation Department revenue decreased $97,900 due to decreased enrollment in some programs. The Recreation Department expects to make up some of the reduction going forward. Rental income increased $13,700. Departmental Fees are up $27,200. Tax penalties and delinquent tax collections increased $344,300 offsetting decreases of $45,000 in Mortgage Tax and $133,300 in State Aid. The increase in delinquent tax collections is non-recurring as revenue from tax penalties will decline as the balance of delinquent taxes are reduced. The actual collection of Village taxes through October 31, 2016 is at 99.26%. This is an increase of 40 basis points from last year’s collection rate. ******** Village Board of Trustees 11/22/2016 473 Upon motion entered by Trustee Samwick, and seconded by Trustee Pekarek, the following resolution regarding Acceptance of a Donated Minibus from the Scarsdale Union Free School District was adopted by a unanimous vote: WHEREAS, The Scarsdale Police, Public Works (DPW) and Fire Departments work closely with one another to prepare for and respond to emergencies and coordinate special events, utilizing a variety of motor vehicles to support their shared public safety mission; and WHEREAS, the DPW’s Highway Division minibus #326, a 1994 Ford E-350 bus with 126,562 miles, VIN #1FDJE3M3RHB53045, utilized for barricade storage and deployment, is being taken out of service because it is not safe for road use as a result of excessive rust and corrosion and will soon be declared surplus and disposed of accordingly; and WHEREAS, the Scarsdale Union Free School District has identified a minibus slated for retirement, due to the rigorous NYS Department of Transportation inspection requirements for school buses, although it is still in road-worthy mechanical condition; and WHEREAS, at their meeting on November 14, 2016, the Scarsdale Board of Education passed a resolution (attached) authorizing donation to the Village of Scarsdale Bus #70, a 1999 Chevrolet minibus with 140,458 miles, VIN #1GBHG31F7X1104366, with an approximate salvage value of $500; and WHEREAS, pursuant to Policy #106: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; now, therefore, be it RESOLVED, that the Village Board hereby accepts the gift of Bus #70, a 1999 Chevrolet minibus, VIN #1GBHG31F7X1104366, from the Scarsdale Union Free School District in accordance with the attached Indemnification, Release and Waiver of Liability Agreement; and be it further RESOLVED, that the Village Board of Trustees hereby extends its gratitude to the Scarsdale Board of Education on behalf of the Union Free School District for their generosity to the Village. ******** Village Board of Trustees 11/22/2016 474 Upon motion entered by Trustee Samwick, and seconded by Trustee Veron, the following resolution regarding Acceptance of a Gift for the Scarsdale Public Library Addition and Renovation Project was adopted by a unanimous vote: WHEREAS, the Scarsdale Library Board completed a Master Plan dated June 10, 2013, which identifies a number of building renovations and additions that will increase the capacity of the library to provide a broader range of rapidly evolving library services while maintaining popular traditional collections and programs by offering a more balanced utilization of the building space within a safe, attractive and inviting comfortable environment, said master plan supported by the Scarsdale Village Board of Trustees via resolution dated April 8, 2014 (attached); and WHEREAS, the improvements identified in the Master Plan will transform the Library into a multi-purpose community asset for future generations, maintain its preeminent status among free public libraries in the County and State, enhance its technological capacity to further library services and create a physical environment that will be a welcoming and versatile learning center; and WHEREAS, the Scarsdale Public Library Board, at their October 21, 2013 meeting, authorized the retention of the fund raising consulting firm of Plan A Advisors, P.O. Box 165, Thornwood, NY 10594, to design and conduct a capital campaign to implement such a project, subsequently identified in the July 20, 2015, Schematic Design Report prepared by Dattner Architects, at an estimated construction cost of $16,500,000 and total project cost of approximately $19,500,000; and WHEREAS, in accordance with a Village Board request at a March 07, 2016, Committee of the Whole meeting, the Library Board and Architect value engineered the schematic design plans, reducing the total project cost to $17,900,000, as identified in Option A-1 (attached), which the Architect presented at the July 19, 2016, Committee of the Whole meeting; and WHEREAS, The Friends of the Scarsdale Library has offered to donate a gift of $800 to the Scarsdale Public Library Addition and Renovation Capital Improvement Project; and WHEREAS, pursuant to Policy #106: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; now, therefore, be it Village Board of Trustees 11/22/2016 475 RESOLVED, that the Village Board hereby accepts the gift of $800 from the Friends of the Scarsdale Library toward the Scarsdale Public Library Master Plan Improvement Project; and be it further RESOLVED, that the Village Treasurer take the necessary steps to complete the transaction and accept this financial gift of $800 and deposit it in the Library Capital Campaign Account; and be it further RESOLVED, that the Board of Trustees hereby extends their heartfelt thanks and great appreciation to the Friends of the Scarsdale Library for their generosity and commitment to the Scarsdale Public Library and Community. ******** Law Committee Upon motion entered by Trustee Finger, and seconded by Trustee Samwick, the following resolution regarding Findings of the Village of Scarsdale Board of Trustees in Connection with 41 Olmstead Road, Scarsdale, New York was approved by the vote indicated below: WHEREAS, 41 Olmsted Road, Scarsdale, New York is a Tudor style single family, two story dwelling (“the building”) designed by architect Stanwood Philips and constructed in 1931 in the Greenacres section of Scarsdale; and WHEREAS, pursuant to Scarsdale Village Code (SVC) §§182-5 and 182-6, an application was submitted to the seven member Committee for Historic Preservation (CHP) to demolish 51% percent of the above described building; and WHEREAS, pursuant to SVC §182, the Committee for Historic Preservation held a public hearing on July 19, 2016 wherein only four members of the CHP were present; and WHEREAS, at the conclusion of the public hearing one (1) CHP member voted to deny the grant of a Certificate of Appropriateness finding that the Building was of substantial historical importance to the community, while three (3) CHP members voted to grant the Certificate of Appropriateness; and WHEREAS, because New York State General Construction Law §41 requires a vote of the majority of the constituted board to approve a measure, Village Board of Trustees 11/22/2016 476 at least four of the seven members of the CHP must vote in favor of or have opposed the measure for official action to be taken; and WHEREAS, only three of the four members present voted to grant the applicant’s request for a Certificate of Appropriateness, which resulted in a default denial; and WHEREAS, SVC §182-11 provides that any applicant aggrieved by a determination of the CHP may appeal to the Village’s Board of Trustees. The SVC also provides that during the appeal the Board of Trustees shall not be bound by the record adduced by the CHP; and WHEREAS, on November 9, 2016 the Board of Trustees held a de novo hearing to determine whether the Building meets the criteria stated under SVC §182-5; and WHEREAS, the Village Board has reviewed the record, including reports submitted by the applicant’s counsel, and have visited the site; now, therefore, be it RESOLVED, that applying the criteria under SVC §182-5 the Village Board makes the following findings of fact: A. Whether the building is associated with events that have made a significant contribution to broad patterns of Village, regional, state, or national history; 1. There is no evidence in the record from the CHP or otherwise that the subject property, 41 Olmsted Road, is associated with events that would contribute to broad patterns of Village, regional, state or national history. 2. While it may be suggested that the Building is part of the Scarsdale Tudor heritage, the Village Board finds that SVC Chapter 182 does not recognize a particular style or cluster of homes that constitutes an historic district such that historical designation is warranted. The Village Board also notes that the Building is not individually identified in the Reconnaissance Level Cultural Resource Survey Report (2012), which provides a snapshot of the Village’s architectural fabric as a preliminary effort to identify buildings and areas with potential architectural or historical significance. Village Board of Trustees 11/22/2016 477 B. That the building is associated with the life of a person or persons of historical significance. 1. There is no evidence in the record from the CHP or otherwise to support the claim that the Building is associated with the life of a person or persons of historical significance. While the record indicates that the architect, W. Stanwood Philips is known for his work in Riverdale, New York, he is not described as prominent or significant. There is no evidence in the record that W. Stanwood Philips received awards for his work or that he was recognized amongst his peers as a prominent architect. 2. The record suggest that in the 1930’s the Building was owned by descendants of President John Quincy Adams. However, the record does not identify or contain any information about the descendants and any contribution that they may have made to history. C. That the building is the work of a master and embodies the distinctive characteristics of a type, period, or method of construction that possess high artistic values. A master is a person recognized for greatness in their field and is considered a craftsman of consummate skill whose work rises above and is distinguishable from others. Although W. Stanwood Philips was known for his work in Riverdale, New York, he was not a prominent architect whose work illustrated craftsman like skill that was distinguishable from others. As such, the Village Board finds that his work is not considered the work of a master. Further, the record is devoid of any evidence that W. Stanwood Philips’ work embodied distinctive characteristics of a type, period, or method of construction that possess high artistic values. In fact, the Village Board further finds that the 1958 renovation and addition to the Building resulted in portions of the original structure being demolished which altered the architectural and historical integrity of the Building such that it no longer reflects the high artistic values required to support designation under SVC §182. D. That the building has yielded or may be likely to yield information important in prehistory or history. The Village Board finds nothing in the record that suggest the Building yielded or may yield information important in prehistory or history; and be it further Village Board of Trustees 11/22/2016 478 RESOLVED, that although the proposed renovation alteration to the Building is not a legitimate concern when applying the elements of SVC §182, the Village Board recognizes that the design of the proposed renovation addition reflects a careful attempt to preserve the appearance of the original Tudor style home; and be it further RESOLVED, that based upon the foregoing, the Village Board herein grants a Certificate of Appropriateness to the owner and/or applicant of 41 Olmsted Road for the purpose of facilitating the demolition of 51% percent of the existing structure located at 41 Olmsted Road, subject to any other requirements, rules, and regulations of the Village of Scarsdale and the Building Department. AYES NAYS ABSENT Trustee Finger Trustee Callaghan Trustee Stern Trustee Pekarek Trustee Samwick Trustee Veron Mayor Mark Trustee Callaghan noted that he voted ‘nay’ at that hearing and is voting ‘nay’ again on this resolution because he feels that 51% of this building being demolished was not in keeping with the way it looked. ******** Upon motion entered by Trustee Finger, and seconded by Trustee Pekarek, the following resolution regarding Authorization to Execute a License Agreement – 6 Hamilton Road was approved by the vote indicated below: WHEREAS, 21 Rodney Road, LLC represented by Josh Friedfertig (hereinafter “Licensee”) is the owner of certain real property known as 6 Hamilton Road and identified on the official tax map of the Village of Scarsdale as Section 12, Block 04, Lot 52B (hereinafter “Property”); and WHEREAS, 6 Hamilton Road is part of the two lot subdivision of 21 Rodney Road approved by Resolution of the Village Planning Board dated August 12, 2015, attached hereto and made a part hereof; and WHEREAS, the Licensee is desirous of relocating an existing walkway encroaching on the Village right-of-way on Rodney Road in the grass area between the property line and the curb, and the Licensee wrote to the Village in August 2016 requesting permission to do so; and Village Board of Trustees 11/22/2016 479 WHEREAS, because this encroachment consists of the construction and maintenance of a private structure within the public right-of-way, a license agreement with the Village is required; and WHEREAS, the proposed walkway measures approximately three (3) feet wide by twelve (12) feet long and would be located on the northwest side of the property fronting Hamilton Road, running in a straight path from the front door of the house to Hamilton Road, as opposed to the curved path of the existing walkway; and WHEREAS, the Village Engineer visually inspected the area and recommended to the Village Attorney the granting of a revocable license agreement, as the walkway would not create a visual or other obstruction or hazard, said recommendation conditioned upon the licensee complying with certain conditions and requirements set forth in the license agreement; and WHEREAS, the Village is desirous of granting a revocable license agreement to permit the construction and maintenance, at the Licensee’s expense, of a blue stone front walkway in the Village right-of-way in accordance with the associated plan prepared by Gabriel E. Senor, P.C., dated June 1, 2015, and included as “Exhibit A” of the license agreement, attached hereto and made a part hereof; and WHEREAS, the Licensee is responsible for all future maintenance and repairs of the walkway in the Village right-of-way; and WHEREAS, the Licensee will indemnify and hold harmless the Village in all actions, claims, judgments, costs, or expenses arising from said maintenance and use of the walkway; and WHEREAS, in addition, the Licensee shall provide the Village with a certificate of liability insurance naming the Village as an additional insured, at limits approved by the Village Attorney; and WHEREAS, the granting of said revocable license agreement will not interfere with the Village’s present and future use and maintenance of said Village right-of-way; and WHEREAS, the Licensee has informed the Village of a pending sale of 6 Hamilton Road and has requested that the license agreement be transferable to said buyer upon completion of the sale; and Village Board of Trustees 11/22/2016 480 WHEREAS, should Licensee sell the property and home at 6 Hamilton Road within three months of the Village Board’s approval of said license agreement, the Village agrees to provide for the transfer of said license agreement without additional fee, contingent upon the necessary amendment to the agreement and proof of ownership; now, therefore, be it RESOLVED, that the Village Manager is herein authorized to execute a revocable license agreement, in substantially the same form as attached hereto, with 21 Rodney Road, LLC, represented by Josh Friedfertig, owner of the Property located at 6 Hamilton Road, Scarsdale, N.Y. 10583, to construct and maintain a paver walkway partially located in the Village right-of-way, in accordance with the associated plans prepared by Gabriel E. Senor, P.C., dated June 1, 2015, and attached as “Exhibit A” of said license agreement; and be it further RESOLVED, that the Licensee herein agrees to indemnify and hold harmless the Village of Scarsdale in all actions, claims, judgments, costs, or expenses arising from said installation, maintenance, and use of the walkway; and be it further RESOLVED, that Licensee shall pay the Village the sum of $1,000.00 as an administrative fee associated with the preparation and execution of said license agreement, pursuant to the Fiscal Year 2016-2017 Village Wide Fees and Charges Schedule; and be it further RESOLVED, that should Licensee sell the property and home at 6 Hamilton Road, within three months of the Village Board’s approval of the said license agreement, the Village agrees to provide for the transfer of said agreement without additional fee, contingent upon the necessary amendment to the agreement and proof of transfer of ownership. AYES NAYS ABSENT Trustee Callaghan None Trustee Stern Trustee Finger Trustee Pekarek Trustee Samwick Trustee Veron Mayor Mark ******** Land Use Committee Village Board of Trustees 11/22/2016 481 Upon motion entered by Trustee Samwick, and seconded by Trustee Finger, the following resolution regarding the Extension of Building Permit #143373 for a Residence at 190 Brewster Road was approved by the vote indicated below: WHEREAS, Building Permit #143373, originally issued on October 21, 2014 for a new single family dwelling at 190 Brewster Road, identified on the Village Tax Map as Section 06 Block 04 Lot 19, expired on October 20, 2016; and WHEREAS, The estimated cost of construction identified by the applicant was $650,000 resulting in a building permit fee of $9,455; and WHEREAS, subsequent to the issuance of a building permit and start of construction, the CHP granted approval for full demolition of the previous home in April 2013, with such demolition work having been completed in October 2014; and WHEREAS, the owner of the property has since been unable to complete the construction within the allowable time due to the discovery of soil conditions warranting foundation redesign, accompanied by rebid of the new project scope, as further described in the attached request and staff memorandum; and WHEREAS, the architect, as the owner’s agent, requested a building permit extension for an additional nine-month period, or until July 21, 2017; and WHEREAS, the Building Inspector has reviewed the extension request, visited the site, and has determined that the renewal request is warranted and that the remainder of the work will take nine months to complete; and WHEREAS, there have been no complaints or violations in conjunction with this permit; and WHEREAS, §132-25.C of the Village Code stipulates that the Village Board may extend building permits by resolution; and WHEREAS, the Village will incur additional costs to inspect the home and process this request for a building permit extension; now, therefore, be it RESOLVED, that Building Permit #143373 for the construction of a new single- family home at 190 Brewster Road be extended to July 21, 2017; and be it further Village Board of Trustees 11/22/2016 482 RESOLVED, that the owner pay to the Village of Scarsdale, as compensation for the increased administrative costs associated with additional review and inspection services, an additional fee of $3,545.82 in accordance with the pro rata fee listed in the 2016-17 Fees & Charges Schedule, calculated at a rate of 1/24th of the original building permit fee multiplied by the number of additional months estimated to complete construction. AYES NAYS ABSENT Trustee Callaghan None Trustee Stern Trustee Finger Trustee Pekarek Trustee Samwick Trustee Veron Mayor Mark ******** Municipal Services Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding the Authorization to Execute a Lease Agreement with Central Taxi was approved by the vote indicated below: WHEREAS, the Village of Scarsdale owns the Boniface Water Tower (Water Tower) located at 72 Garden Road; and WHEREAS, since 1970, the Village of Scarsdale has leased space to Central Taxi through an agreement to locate a radio antenna and associated equipment on the Boniface Water Tower to facilitate two-way radio communications in conjunction with their taxicab business within the Village of Scarsdale; and WHEREAS, the existing lease agreement was renewed pursuant to a February 14, 2012, resolution (attached) and is expiring on November 22, 2016; and WHEREAS, Central Taxi is desirous of continuing their use of the Water Tower for their radio equipment under the same terms and conditions, except for a request to reduce the annual escalation rate, citing high insurance costs on the equipment, the current level of applicable consumer price index, and the economic and competitive business realities preventing Central Taxi from requesting a taxi rate increase from the Village; and Village Board of Trustees 11/22/2016 483 WHEREAS, in due consideration of Central Taxi’s request and in recognition of maintaining the existing taxi rates since 2007, the Village proffered a successor agreement (attached), for a five (5) year term commencing November 22, 2016, and terminating November 22, 2021, at the same terms and conditions as currently exist, except for the annual escalation rate, which will become the greater of two percent (2%) (existing agreement is 3.5%) or the increase in the 12-month Consumer Price Index for the New York-Northern New Jersey-Long Island (NY-NJ-CT-PA) area for all urban consumers for the period preceding the adjustment date; and WHEREAS, the continued placement and operation of Central Taxi’s equipment will not interfere with the Village’s present or future use of the Water Tower; now, therefore, be it RESOLVED, that the Village Manager is herein authorized to execute a lease agreement, in substantially the same form as attached hereto, with Central Taxi, 51 East Parkway, Scarsdale, NY 10583, permitting Central Taxi to locate and operate a radio antenna and radio equipment on the Village-owned Boniface Water Tower located at 72 Garden Road; and be it further RESOLVED, that the Village Manager is herein authorized to undertake any administrative acts required pursuant to the terms of the agreement. AYES NAYS ABSENT Trustee Callaghan None Trustee Stern Trustee Finger Trustee Pekarek Trustee Samwick Trustee Veron Mayor Mark ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding Authorization to Execute an Agreement with the Edgemont Union Free School District for Temporary Use of the Village Recycling Center was approved by the vote indicated below: WHEREAS, the Edgemont Union Free School District staff performs all leaf and other organic debris removal for the school district and disposes of the debris at the Town of Greenburgh organic waste facility; and Village Board of Trustees 11/22/2016 484 WHEREAS, the Town of Greenburgh facility is currently undergoing construction requiring the closure of the facility through June 2017; and WHEREAS, pursuant to a District Member Intermunicipal agreement with Westchester County, the Village is a designated host municipality required to accept organic yard waste from other member municipalities; and WHEREAS, the Village is willing and able to permit the Edgemont Union Free School District to use the Scarsdale Village Recycling Center, located at 110 Secor Road, while the Town of Greenburgh’s facility is unavailable; and WHEREAS, the Village has created a protocol for the Edgemont Union Free School District’s orderly use of the Village Recycling Center, which has been incorporated into the proposed agreement; and WHEREAS, the Edgemont Union Free School District will indemnify and hold harmless the Village in all actions, claims, judgments, costs, or expenses arising from the use of the Village Recycling Center and provide the Village with a certificate of liability insurance naming the Village as an additional insured, at limits approved by the Village Attorney; now, therefore, be it RESOLVED, that the Village Manager is hereby authorized to execute an agreement with the Edgemont Union Free School District in substantially same form as attached hereto for the use of the Village Recycling Center temporarily during the closure of the Town of Greenburgh’s organic waste facility; and be it further RESOLVED, that the Village Manager is herein authorized to undertake all administrative acts pursuant to the agreement. AYES NAYS ABSENT Trustee Callaghan None Trustee Stern Trustee Finger Trustee Pekarek Trustee Samwick Trustee Veron Mayor Mark ******** Village Board of Trustees 11/22/2016 485 Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding a Professional Services Agreement with the Humane Society of Westchester Inc. – D/B/A New Rochelle Humane Society was approved by the vote indicated below: WHEREAS, pursuant to Article 7 §114 of the New York State Agriculture and Markets Law, Villages are required to establish and maintain a pound or shelter for dogs, or in lieu thereof, contract for pound or shelter services with any other municipality or incorporated humane society or similar incorporated dog protective association; and WHEREAS, the Village has contracted with the Humane Society of Westchester, Inc., d/b/a New Rochelle Humane Society (Society), for a number of years for such dog shelter services; and WHEREAS, the Society has held and provided proper care for all animals from the Village in accordance with the New York State Agriculture and Markets Law Departmental rules and regulations and their contractual obligations to the Village in accordance with the attached agreement; and WHEREAS, the agreement is for a five-year term effective January 1, 2017, and terminating December 31, 2021, at a first-year fee of $10,836 with automatic annual cost of living adjustments tied to the lesser of a 4% increase or the change in the September 12-month Consumer Price Index for the New York-Northern New Jersey-Long Island (NY-NJ- CT-PA) area for all urban consumers; now, therefore, be it RESOLVED, that the Village Manager is herein authorized to execute an agreement, in substantially the same form as attached hereto, with the Humane Society of Westchester, Inc., d/b/a New Rochelle Humane Society, for municipal dog shelter services pursuant to the New York State Agriculture and Markets Law; and be it further RESOLVED, that the costs associated with this agreement be charged to the General Fund Budget Account A-3120-PTRL-PKGAC-400.499. AYES NAYS ABSENT Trustee Callaghan None Trustee Stern Trustee Finger Trustee Pekarek Trustee Samwick Trustee Veron Mayor Mark Village Board of Trustees 11/22/2016 486 ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding the 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 16, 2016 to January 2, 2017; 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 16, 2016 to January 2, 2017, in accordance with Village Code 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, 2017. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding the Placement of a Menorah in Chase Park was approved by a unanimous vote: WHEREAS, a request was received from the Chabad Lubavitch of Westchester County to place a menorah in Chase Park from December 21, 2016 to January 2, 2017; 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 Village Board of Trustees 11/22/2016 487 RESOLVED, that a permit be issued to the Chabad Lubavitch of Westchester County for a public display in Chase Park, from December 21, 2016 to January 2, 2017, 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 a signed indemnification agreement; 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 January 3, 2017. ******** Other Committee Reports None. ******** Liaison Reports Trustee Veron reported that in the spirit of clear communication, the Trustees all attend day and evening meetings with community organizations. She stated that she had the opportunity to attend two this week – the Advisory Council on Youth as well as the Greenacres Neighborhood Association. At both of those meetings, the Library Board provided an extensive report to the members of those Councils and also shared with them the revised plans as per community and Board input. A lot of the questions that the community members had were addressed. Trustee Veron also reported that the Ad Hoc Committee on Communications is working actively. They had a lengthy meeting recently. There are three subcommittees working – one addressing the website review. Each member of the Ad Hoc Committee has been asked to provide detailed guidance to the Village as to how communications can be improved. Pages and pages of feedback have been received from the Committee. The Village Staff has already been working to modify the website. The second committee is looking into how best to disseminate the information to the community. Finally, there is a very detailed multi-paged communications overall strategy extending far beyond the communications platform that is being discussed. She encouraged the community to visit the Village’s website at www.scarsdale.com, and click on the button ‘tell us what you think’ and we will read the feedback and continue to provide updates. Trustee Callaghan reported on the Parks and Recreation Advisory Council, stating that after a series of several meetings, the Bramlee Heights neighborhood and the ISO (Individual Sports Organizations) have come up with some simple solutions as to the Village Board of Trustees 11/22/2016 488 problems there. The open space will be preserved and there will be increased communication with the ISO regarding schedules at that field. It is a very heavily used field. As Fire Commissioner, Trustee Callaghan reported that Firehouse #1 is being closed for two weeks due to maintenance on the engines that are in there. Trustee Finger stated that he attended one of the two screenings of the film ‘Screenagers’ that was presented by the Teen Center, Scarsdale Library, and Scarsdale Edgemont Family Counseling Services. He congratulated them for putting together a great program. The room was packed and he stated that he felt that everyone is affected by the impact of screens on our youth and ourselves. The next day there was another showing that was even more successful. Trustee Pekarek stated that she is the liaison for the Council on People with Disabilities. Although she did not attend their last meeting, Chair Marion Green sent a report to her. Detectives Albano and Arcesi visited them to talk about how the Village works with people with disabilities when there are emergencies. There were a few points made at this meeting regarding the training of first responders and how to deal with special needs and our disabled population, the development and distribution of an emergency response information survey form to capture important household specific data; to engage with parents of Scarsdale Child (a group within the community), Scarsdale Edgemont Family Counseling Seniors, Care Providers for the Disabled and other interested parties; and how to deal with and prepare for emergency situations in homes. Also noted was the amount of physical, mental, emotional and developmental disabilities that were too numerous for the detectives to tackle in detail at that time. Trustee Pekarek stated that she attended a meeting of the League of Women Voters, who were doing research with the Scarsdale Library. The Library Board made a presentation on the proposed new facility. The Board will be getting the League’s report before November 29th. ******** Written Communications Village Clerk Conkling reported that all communications received that are written to the Mayor and Board of Trustees can be viewed on the Village’s website, www.scarsdale.com under the Board of Trustees or Village Clerk section. She reported that six (6) communications have been received since the last regular Board of Trustees meeting held on November 9, 2016: • An email from Chris Polos regarding the 2016 Revaluation Village Board of Trustees 11/22/2016 489 • An email from Mayra Kirkendall-Rodriguez & Michelle Braun regarding the recent water bills and the 2016 Revaluation • An email from Heather Mallow regarding recent burglaries; a response from Village Manager Pappalardo and Police Chief Matturro is attached • An email from JoAnne Deakin regarding dust containment during construction • An email from Mary Louise Perlman, 1 Carstensen Road, regarding the Food Scrap Recycling Program • An email from Susan Levine, Ardmore Road, regarding the proposed Library renovations ******** Mayor Mark announced the following future meeting schedule: • Tuesday, November 29, 2016 – Committee of the Whole – Rutherford Hall – 6:55 PM (Scarsdale Public Library Renovations) • Tuesday, December 13, 2016 – Committee of the Whole – Rutherford Hall – 5:00 PM (Sitting as Board of Appeals re: 12 Dolma Road) • Tuesday, December 13, 2016 – Joint Land Use & Sustainability Committee Meeting – 6:30 P.M. – 3rd Floor Meeting Room • Tuesday, December 13, 2016 – Agenda Committee Meeting – 7:30 PM – Trustees’ Room • Tuesday, December 13, 2016 – Village Board Meeting – 8:00 PM – Rutherford Hall ******** Village Hall Schedule • Thursday, November 24, 2016 – Thanksgiving Day – Village Hall Closed ******** There being no further business to come before the Board, on a motion entered by Trustee Finger, and seconded by Trustee Callaghan, the meeting was adjourned at 9:25 P.M. Donna M. Conkling Village Clerk