Board of Trustees

Village Board of Trustees 08/08/2017 288 THREE THOUSAND TWO HUNDRED EIGHTY-SIXTH REGULAR MEETING Rutherford Hall Village Hall August 8, 2017 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, August 8, 2017 at 8:00 P.M. Present were Mayor Hochvert, Trustees Callaghan, Finger, Pekarek, Ross, Samwick, and Veron. Also present were Village Manager Pappalardo, Deputy Village Manager Cole, Village Attorney Esannason, Assistant Village Manager Richards, Village Clerk Conkling, and Assistant to the Village Manager Ringel. ******** The minutes of the Board of Trustees Limited Agenda Meeting of Tuesday, July 25, 2017 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Finger, and carried unanimously. ******** Bills & Payroll Trustee Ross reported that he had audited the Abstract of Claims dated August 8, 2017 in the amount of $604,696.02 which includes $7,163.13 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 Ross and seconded by Trustee Samwick, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated August 8, 2017 in the amount of $604,696.02 is hereby approved. Trustee Ross further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $764,490.12 which were found to be in order and he moved that such payments be ratified. Upon motion duly made by Trustee Ross and seconded by Trustee Samwick, the following resolution was adopted unanimously: Village Board of Trustees 08/08/2017 289 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $764,490.12 is hereby ratified. ******** Mayor’s Comments Mayor Hochvert announced that there is an addition to the end of the agenda this evening which is an appointment to the Conservation Advisory Council. Mayor Hochvert stated that he enjoyed performing three weddings during the month of July. He further stated that he enjoyed attending an event at Wilson’s Jewelers to endeavor to revitalize the Village center. Mayor Hochvert noted that he and Village Manager Pappalardo attended a second multi-municipality meeting with Westchester County on shared services. This meeting was held to share the outcome of a survey that the County had done. The focus was on sharing IT technology. Mayor Hochvert stated that he had the pleasure of attending Mr. Harrison’s tennis tournament – he noted there was a lot of excitement among the kids and a lot of energy. In regard to having media events to spotlight composting, Mayor Hochvert stated that he participated in two of these. He also stated that he attended a press release meeting of Westchester County regarding what County Executive Astorino noted as a ‘capitulation” of HUD on affordable housing. That issue has now been put behind us. Mayor Hochvert stated that he received a note from the Village of Larchmont entitled “Leaf Blowers are Bad for our Health”. This note stated that all leaf blowers propel into the air dust, pollen and fecal matter, as well as dangerous contaminants such as mold, fungus, spores, pesticides, herbicides, and lead, organic and elemental carbon. A leaf blower can send up to five pounds of particular matter per hour in the air and can remain suspended in the air for hours. This is just an additional reason why the law concerning leaf blowers in Scarsdale should be obeyed. Mayor Hochvert stated that everyone in the community should have received a card from the Scarsdale Ambulance Volunteer Corps (SVAC) looking for volunteers. SVAC will do a free EMT training. A basic original/refresher course will be held in the evenings beginning on August 29th and in the daytime beginning on September 11, 2017. He stated that there are many people who have benefitted from having the services of SVAC. He encouraged those with any interest to apply and that they should contact SVAC at 914-722- 2288 or via their website at www.scarsdalevac.com. Village Board of Trustees 08/08/2017 290 A week ago Sunday, Mayor Hochvert stated that he had a long conversation with the person responsible for the park concerts; he also received a note from someone praising the summer concerts. The concerts are delightful and beneficial to the downtown. He noted that the Westchester Band played at a 50th wedding anniversary at the Women’s Club for a resident couple who live at 50 Popham Road - Malula and Alfredo Gonzalez. Lastly, Mayor Hochvert stated that he has heard a lot of concern about parking in the Village Center. He stated that many times he has not been able to find a space within a block of where he wants to go; however, there are places to park that residents may not even have considered. On occasion he has parked on Autenrieth Road, as well as some adjacent places. He stated that he can just walk through Chase Park to the Village center. Village Manager Pappalardo also suggested the north end of East Parkway by the Police kiosk and up towards Crane Road – there are two hour parking spaces in that area and one can usually find a spot there. ******** Manager’s Comments Village Manager Pappalardo stated that he has a few items to report on this evening. The first one has to do with the Fire Station No. 1 addition and renovation construction project. The Village’s Capital Project Director Paul Zaicek is here this evening to provide an update on the project. Mr. Zaicek gave a brief summary on the construction project, project costs and the construction schedule going forward. He showed photos of the various stages of ongoing construction at the Firehouse and the various unforeseen issues that they uncovered during this process (the need for the installation of a new steel beam and installation of new plumbing in the men’s bathroom area) that has resulted in a large change order for the project. Mr. Zaicek stated that they have negotiated the change order down from $210,000 to $170,000. That figure is in the project costs and was approved by the Village Manager in accordance with the Village’s Internal Control Policy. The total amount in change orders to date is $180,000. Mr. Zaicek stated, however, that everything has been demoed and everything exposed, so that he feels the major items are behind them now. As far as a time frame for the completion of the project, Mr. Zaicek went through the schedule for the completion of various aspects, stating that the project should be completed in March/April of 2018. In regard to the unforeseen additional expenses on this project, Trustee Samwick remarked that this is exactly an example of why the Village should have a very strong fund Village Board of Trustees 08/08/2017 291 balance. This is a project that must happen and there are always expenses that are not anticipated. Village Manager Pappalardo stated that he wanted to speak about some Village center initiatives that are underway. He stated that Trustee Veron and the Village Manager’s staff have been meeting informally with certain property owners and merchants in the Village center on ways to fill the vacant storefronts and improve foot traffic. Two of the initiatives that have gained traction are the creation of a Farmer’s Market and alternate off street parking options for merchants and employees as a way of reducing ongoing short term meter feeding issues in the Village. He asked Ingrid Richards, Assistant Village Manager, to discuss the Farmer’s Market; Josh Ringel, Assistant to the Village Manager will speak about the parking issues. Mr. Pappalardo noted that in regard to the Farmer’s Market, the Village does have some experience – there was a Farmer’s Market from 2010 to 2012 and moved three times during that period. The Board did adopt a resolution in December in 2012 requesting the staff to formally solicit bids through an RFP process to find a suitable market manager to assist with the planning coordination and management of a new market. Village Manager Pappalardo recognized Ms. Richards. Assistant Village Manager Richards stated that “Some time ago, the Village and key stakeholders became interested in establishing a Farmers Market in the Village Center. Markets are used by many municipalities as a tool to help energize their downtowns or Village Centers. They increase pedestrian traffic to the area thereby supporting and sustaining retail businesses. Consequently, Village administration decided to investigate Markets in Westchester County to determine a proper approach to launching a successful Farmer’s Market in the Village of Scarsdale. The Village conducted an e-mail survey of municipalities that host Markets and interviewed Farmer’s Markets Managers who provided their expertise and ideas for the Scarsdale Market. Based on the survey results and the discussions with Market Managers and considering the lateness in the season, it was determined that the best approach would be for the Village to commence a weekly Pilot Market in the fall. This would allow the Village to determine if residents are amenable to a Market and more importantly provide an opportunity to garner experience and resident feedback to develop a Market moving forward that best meets the community needs and wants. Through this process, the Village has agreed that Ms. Corinna Makris, Farmers Market Manager for the City of Peekskill, will run the Scarsdale Farmer’s Market in the Village Center, from September 7th thru October 26th, every Thursday evening. In her role as Farmer’s Market Manager she is responsible for: • Establishing and enforcing rules and regulations as it relates to vendors; • Designing and coordinating daily set-up and floor plan for the Farmers Market; Village Board of Trustees 08/08/2017 292 • Developing and implementing a marketing plan for the market, this includes creating a presence on Facebook, Twitter and Instagram , posting of signage as appropriate; • Managing the budget for the Farmers Market; • On site Market management; • Ensuring that the Farmer’s Market meets all applicable Federal, State and local laws. The Village looks forward to working with Corinna Makris and developing the Scarsdale Farmer’s Market.” Assistant Village Manager Richards stated that the market manager has proposed opening the farmer’s market on Thursdays from approximately 12:00 p.m. to 7:00 p.m. Initially the thought was to do just an evening but the market manager expanded that time frame. The farmer’s market is planned for September 7th through October 26th and located at Boniface Circle. The market manager is working on developing the vendor list. She will be working with the Village staff and key stakeholders to determine the best list of vendors. It is a fluid process right now and as it becomes more formed it will be marketed to the public. Boniface Circle will be closed during the farmer’s market; it is hoped that no other streets will need to be closed during the market’s hours. Village Manager Pappalardo added that it was felt that Boniface Circle added more in terms of visibility for the farmers market. Trustee Veron stated that many people have been working hard on this and she commended Assistant Village Manager Richards for such a thorough and diligent job. Assistant to the Village Manager Josh Ringer stated “As the Village Manager had said, in our discussions with the business community the desire for additional, economical, off-street parking options in the Village Center for both merchants and their employees has come up. As a part of the 2017-18 parking season, the Village has allowed for flexibility as part of our parking program whereby we can move towards creating more low-cost parking options for the merchant community. The idea in mind is that by offering more value based parking options we can reduce the incidences of meter feeding, thereby making more parking available for potential patrons. We’re looking to schedule a merchant parking workshop tentatively for late September where we will begin a productive dialogue with the business community that in the end will be mutually beneficial to all parties. The Village will be going door-to-door, downtown, over the next few weeks, personally inviting the entire business community to this collaborative endeavor for the benefit of enhancing the Village Center.” Village Manager Pappalardo stated that he hoped the business community will realize that it is beneficial for both parties to keep the merchants and employees parked off street for more parking availability at the short term meters. Village Board of Trustees 08/08/2017 293 Trustee Veron noted that Assistant to the Village Manager Ringel has been doing a lot of inventorying on Village parking areas and considering all alternatives. She stated that she appreciated the Village Manager’s office embracing a practical, tactical solution and that they are willing to find solutions. Village Manager Pappalardo stated that the last item he wanted to mention was some more summer road resurfacing work that is planned. The Board will consider a resolution on its agenda this evening to transfer $500,000 from existing General Fund assigned fund balance to the Capital Budget for the purpose of paving additional roads. This item was included in the adoption of the 2017/18 Budget. The Village has already paved 2 ½ miles of roads this spring; with this $500,000 the Village can pave another 2 ½ miles this month. Various roads are scheduled to be paved this month from August 15th through the 25th, weather permitting. Prep work is being done this week. Letters are sent to all affected homeowners as there might be partial road closures as certain times. The Village Engineering staff is always present whenever roadwork is occurring, so if any residents have any issues they merely have to look outside for a Village employee and let them know. Additionally, this road repaving does not include the road repaving being done as a result of Con Edison reimbursement for roads they have disturbed. ******** Other Committee Reports None. ******** Liaison Reports Trustee Veron gave a periodic update on the revitalization of the Village Center. She stated that there are many efforts underway to improve the vibrancy of the Village making it a more desirable and vibrant destination for shopping, dining and community. There is a very active Village Center Committee comprised of property owners, merchants and Village staff. They meet monthly to strategize on prospective tenants, parking and enforcement solutions, events and new development ideas. As heard this evening, examples of the fruits of their labors are now emerging – the farmers market, the potential off street parking for merchant parking, as well as possible technological solutions with parking app products that are scheduled in the future. There is also positive momentum in the Village events category. In May there was the Rock the ‘Dale in Chase Park, which featured Scarsdale students and Walter’s Food truck. That event was launched in partnership with the Village, The Acceleration Project known as TAP, the Scarsdale Arts Council, the Scarsdale Advisory Council, the Teen Center and the Scarsdale Forum. Village Board of Trustees 08/08/2017 294 Trustee Veron continued, stating that to kick off the summer they had Art the ‘Dale with an installation by artist Simone Kestelman in Chase Park, again a collaborative effort between the Village, TAP, and the Scarsdale Arts Council. In July, Wilson and Sons Jewelers’ Mike Wilson hosted a meet the artist event which was a tie in to the Art in the ‘Dale installation creating an evening buzz. Other merchants including BLVD, Sam Lehr and Mixology have also added evening activity to the Village center. Concerts in the Park and Summer Sidewalk Sale, Village favorites, continue. TAP has met with prospective and new tenants to share the outcome of extensive research regarding consumer needs and behaviors. TAP continues its marketing and branding campaign with its newest addition, Farmers in the ‘Dale. The Scarsdale Forum also plays an active role. As liaison to the Neighborhood Character Committee, Trustee Veron stated that she could attest to their positive energy and proliferation of ideas. Together, a subset of their committee and she met with the key property owner to discuss their work. Through their excellent marketing efforts, the Forum has recently launched a consumer survey, with a merchant survey to follow, providing them with more data. They are working on a report which will be shared with the entire Village in September/October. There is more in the works for the early fall. A new merchant organization will be discussed to replace the Chamber of Commerce as well as alternatives for merchant parking as described. Connectivity, place making and reinforcing community will continue to be the guiding principles. They will also look at parks, landscapes, aesthetics, zoning and pedestrian experience. Similar themes have been emerging in the Freightway project. In the end, they envision a complementary and integrated finished product. As more Village center plans unfold, Trustee Veron stated that she would continue to report. ******** Public Comment Kristin Friedman, 28 Circle Road, read and submitted the following comments to the Village Board: My name is Kristin Friedman and I live at 28 Circle Road. “I am speaking to you today as President of the Overhill Neighborhood Association for two reasons. One is to express our dismay about the Planning Board’s approval of the 7- Eleven corporation’s petition to move to the Bodyfit building on Scarsdale Avenue from its current Garth Road location. The other is to suggest a few takeaways from this process and experience that we believe can and should be applied to future development in the village center. Village Board of Trustees 08/08/2017 295 You’ll forgive me for digressing to speak a little about the Overhill Neighborhood Association itself. We are a small neighborhood near the Village center, consisting of all the houses along Lockwood Road, School Lane, Circle Road and Overhill Road. Maybe because of our relatively small size, we are fairly cohesive and active. We have parties, we want to know one another. We are a built-in affinity group because we are all affected by what happens in the Village center. And possibly because of the practice we have working together on behalf of our neighborhood, our residents have an outsized presence in Scarsdale civic life. Past and current public office-holders from Overhill include three mayors, four trustees, a School Board member, School Board and Citizens’ Nominating Committee members and chairs, Procedure Committee members and chairs, Forum members and leaders, and members and chairs of the Board of Appeals, the Planning Board, the Board of Assessment Review, the Board of Architectural Review, SNAP, the Cable Commission, etc. And so, I’d like to establish as a bedrock principle that we are fiercely dedicated to this town and its welfare and have contributed mightily. And if we seem to be more … “there”… when it comes to giving our input on Village center matters that we feel affect our well-being, please understand that we are actually right there. One fact to remember is that Overhill Road is one of the very few areas in Scarsdale where houses are backed by a commercial-zoned area. I am not here to re-litigate the 7-Eleven case, as Planning Board decisions are final and not subject to review by this body. (We will be putting our specific objections on the record, but there’s not time to do so here.) Change is afoot in the village center, and there is reason to feel optimistic that more residential density could lead to a healthier retail landscape, with better public assets. We appreciate this Board’s decision to invite me to serve on the Freightway Steering Committee to help determine the direction of that important development, by the way. Development being considered at Freightway and at the open lot on Overhill Road and in other large blocks in the village will have a big effect on all of Scarsdale, and especially on the closest neighborhoods. Now, nobody was thrilled about the 7-Eleven’s move closer to the village center. Nobody thought, “Now this is the kind of retail we really want.” And yet it is happening. And so what can we do together to avoid a repeat and ensure that the retail that comes in fits in? 1. We think it is clear that 7-Eleven’s proven willingness to sue a town that denied its application (Mineola, L.I.) may have played a role in allowing its application to prevail here. Therefore, we strongly urge stronger zoning regulations against large chain stores in Scarsdale to protect the interests of its citizens. 2. Clearly, it is inappropriate to have 24-hour establishments in Scarsdale. A restriction on all-night and late-night hours should be reflected in our zoning code. If this Village Board of Trustees 08/08/2017 296 protection isn’t adopted, one can see another 7-Eleven opening at the 5 corners, or maybe the gas stations on Scarsdale Avenue deciding that since the 7-Eleven is bringing in lots of customers, they should stay open later too. 3. Some special considerations should be made in the zoning code for those liminal areas where one type of zoned district abuts another. In this case, a commercial zone is adjacent to a residential zone. We don't know what those considerations should be, but something isn't working here, and we would like the more expert help of the village staff to figure out what changes might be made so this kind of thing won't happen again. 4. When Village boards like the Planning Board have meetings about controversial subjects, these should be videotaped and broadcast so residents can be better informed. Failing this, there should be a transcript of all meetings. 5. Lastly, when a new use is made of a building, or a new building built, we believe the developer should have to make an argument that the use is in compliance with the Comprehensive Plan of 2010, essentially Scarsdale’s master plan. That was never done in this instance, and the Comprehensive Plan calls for Scarsdale Avenue to become a “restaurant row” over time. 7-Eleven, last I checked, is not a restaurant. Thank you for listening; I appreciate the time and your attention to these matters.” Ron Schulhof, Springdale Road, on behalf of the LED Streetlight Committee informed the community that the LED Streetlight pilot program is continuing for another three months, continuing through September/October. During the summer, people are away and the daylight lasts later so they will run the program another three months to give everyone ample time to see all of the lights. He gave background on the formation of the LED Streetlight Committee, charged with looking at changing over the existing streetlights to LED lighting for energy and financial savings. They have been testing lights for quite some time now; testing colors, different brightness, and different distribution to see how they would fit in with the residential character of Scarsdale, as well as the downtown and different areas. The pilot program is in two types of locations in Scarsdale: high traffic roads such as Post Road, Heathcote Road, Weaver Street, and Mamaroneck Road, as well as areas that have town and country style lights – around Crane Berkeley, Secor Farms, part of Springdale – this is where there are no overhead wires and where the town and country style lights are placed. There are a number of pilot locations in Scarsdale – on Post Road there are three locations, one location on Heathcote Road, two locations on Mamaroneck Road, and there are two locations of the town and country lights – one on Tisdale Road, and one on Springdale Road. If you go to www.scarsdale.com, to the Press Release section, you can download the press release regarding the LED program which includes a map of each location that indicates the site of each LED light. He stated that the committee hopes that everyone has an opportunity to take a look at the lights and provide any feedback that they may have. The purpose of this pilot is to look at the aesthetics of the lights – these lights are Village Board of Trustees 08/08/2017 297 a little different from those that people may have seen in other cities, etc. The committee has spent a lot of time looking at different lights and working with different manufacturers to find something that is aesthetically pleasing, reduced glare, had good lighting distribution on the road. The lights that are in the pilot program won’t be seen in any other community. Each location where the lights have been placed is somewhat different, so Mr. Schulhof urged residents to go to more than one. He stated that residents may reach the committee at LED@scarsdale.com, or at Village Hall at the first floor window there is a box to place any feedback or questions regarding this program. In response to a question from Trustee Veron regarding the consideration of the LED lighting from a security standpoint, Mr. Schulhof stated that the committee would make sure that the lighting meets the needs of the Police Department. Robert Harrison, 65 Fox Meadow Road, stated that 40+ participated in the Scarsdale Summer Youth Tennis League. He thanked Mayor Hochvert and Trustee Pekarek for attending the final evening of the program last Thursday evening. The players have participated in almost 400 matches over the four weeks of the program. He displayed a photo that a mother of one of the participants took at the tournament that included himself and the Mayor. Trustee Pekarek noted that Mr. Harrison’s family is very generous – she stated that his wife was at there on Thursday evening helping with everything and that she and Mr. Harrison were ‘running the show’. She thanked him for that. Mr. Harrison stated that it has been fun and keeps him and his wife young. He noted that Channel 12 News covered the event with a sports reporter and a camera man. They took great shots of the players and interviewed one of the 10 year old participants. This was aired on the news channel on Friday evening during each news segment. Mr. Harrison gave recognition to Megan Nu, 13 years old a rising freshman at Scarsdale High School, repeated as the Champion of the singles tournament competing with Aaron Reich, winning that match 11-7. There was a novice doubles tournament for the younger children and the winners were Mark Hu and David Tang who won the doubles championship over David Huang and Lincoln Russell. They went into overtime – 14-12. On Friday the team went to New York Junior Tennis and Learning Tournament held at the new Carrie Leeds Tennis and Learning Center in Crotona Park in the Bronx and beat the Bronx team 5-4. It was a great program for the summer. Mr. Harrison stated that he has been to a number of meetings of the Forum Committee on Downtown Revitalization and noted that Trustee Veron has been at some of the meetings. In regard to the Farmers market, he stated that he supports the concept; however, he is concerned about the hours that it will be running and does not want to see it fail. He expressed his concern how the Farmers market might impact those stores Village Board of Trustees 08/08/2017 298 established in the Village center such as DeCicco’s and Ramsey’s Farm on Ramsey Road. Although he would like to see the farmers market be successful, in his opinion it should be more of a summer event. He also expressed his concerns about the farmers market taking away needed parking spaces on Boniface Circle during its hours of operation. Trustee Veron stated that they could have waited until next summer to start the farmers market, but it is better to pilot the program now and test consumer needs, see what works and what doesn’t work and assess the impact. There being no further comments, Mayor Hochvert closed the public comments portion of the meeting. ******** Finance Committee Upon motion entered by Trustee Finger, and seconded by Trustee Samwick, the following resolution regarding Fiscal Year 2016-17 Closeout Transfers to Capital Budget was approved by the vote indicated below: WHEREAS, Pursuant to the provisions of Section 5-520 of the New York State Village Law, the Board of Trustees, by resolution, may transfer funds from existing and unexpended balances; from a contingent account; from available cash surplus or unanticipated revenues within a fund; or by borrowing; and WHEREAS, the Village Board’s Finance Committee is scheduled to meet with the independent auditors on September 26, 2017, to review and discuss the final 2016-2017 independent audit, however, the preliminary 2016-2017 audit has been completed and sufficient unexpended balances in various accounts, excess revenues, or unreserved fund balances are expected to be available; and WHEREAS, pursuant to the Village Board’s Fiscal Year 2017-2018 Budget adoption resolution of April 25, 2016 (attached), the Board resolved to appropriate $850,000, if available and prudent, from the audited 2016-2017 General Fund Balance to the Capital Budget for road resurfacing ($500,000), Fire Department Apparatus ($250,000), in accordance with a multi-year Fire Apparatus Replacement Plan, and Highway Equipment ($100,000); and WHEREAS, certain other 2017-2018 capital projects were either unfunded or partially funded due to budget constraints and tax increase concerns Village Board of Trustees 08/08/2017 299 during budget adoption; however, based on the preliminary 2016- 2017 audit results, sufficient funding exists for these projects and other weather-sensitive projects which should be completed prior to the onset of winter; now, therefore, be it RESOLVED, that pursuant to Village Law Section 5-520, the Board of Trustees hereby authorizes and directs the proper Village officers to modify the 2016-2017 Budget by making the following transfers identified on the attached spreadsheet; and be it further RESOLVED, that a sum of up to $935,000 from the audited 2016-2017 General Fund Balance, be preliminarily appropriated to the 2017-2018 Capital Fund accounts, as specified below, in accordance with the Fiscal Year 2017/18 Budget Adoption Resolution of April 26, 2016, regarding road resurfacing, fire apparatus, highway equipment, and certain other weather-dependent projects included in the 2017-2018 Capital Budget with no or partial existing funding, as follows: FROM: A-9999-9999-9999 Use of Fund Balance $935,000 TO: A-9990-TRNFR-TRNFR-950-9550-.0 General Fund Transfer to Capital: $935,000 TO: H-1000-030-5031-01 Transfer from General Fund $935,000 TO: H-5197-963-2018-055 Road Resurfacing, Curbing $500,000 H-3497-962 2018-046 Fire App $250,000 H-5197-963-2018-052 Highway Equipment $100,000 H-1997-961 2018-116 VH Equip/HVAC Repairs $50,000 H-1997-961 2018-115 Central Garage Heat Units $10,000 H-1997-961 2018-109 VH Front Canopy Repair $10,000 H-1997-961-2018-108 Rutherford Hall Wood Panel $15,000 AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert Village Board of Trustees 08/08/2017 300 After placing his vote on the above resolution, Trustee Samwick stated that the financial stewardship of the Village Manager and Department Heads and entire Village staff has been exemplary. This shows that in that not only having the balance to carry over, but in terms of Village staff being ready, willing and able to sacrifice on a daily basis for everyone’s behalf. You need to look no further than the Village Hall HVAC repairs where working on a daily basis for employees is very difficult and Village staff does not complain about it. He stated that he is very pleased that the Village is in a position now to do something about it and the Village staff is willing to defer it for the benefit of the residents. That is above and beyond the call of duty, so he wanted to say thank you to the staff. Village Manager Pappalardo thanked Trustee Samwick for his sentiments on behalf of the Village staff. ******** Upon motion entered by Trustee Finger, and seconded by Trustee Samwick, the following resolution regarding Acceptance of a Gift for the Scarsdale Public Library Addition and Renovation Project was approved by a unanimous vote: WHEREAS, the Scarsdale Library Board completed a Master Plan dated June 10, 2013, which identifies a number of building renovations and additions that will increase the capacity of the library to provide a broader range of rapidly evolving library services while maintaining popular traditional collections and programs by offering a more balanced utilization of the building space within a safe, attractive and inviting comfortable environment, 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 Village Board of Trustees 08/08/2017 301 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, on December 13, 2016, the Village Board of Trustees authorized a $9,900,000 bond to pay part of the $17,900,000 addition and renovation of the existing Scarsdale Public Library Building, with the remainder of the $17,900,000 to be paid by private donations and grants; and WHEREAS, on January 09, 2017, and with thanks to Assemblywoman Amy Paulin, the New York State Dormitory Authority awarded the Village of Scarsdale a $500,000 State and Municipal Facilities Program grant in support of the project, with the execution of a grant agreement pending upon completion of various program review requirements; and WHEREAS, the following donation has been offered to the Scarsdale Public Library Addition and Renovation Capital Improvement Project: Friends of the Scarsdale Library - $684,444.54, of which $649,378.45 is a match from anonymous donors of new gifts and pledges received during the second quarter of 2017; 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 following gift toward the Scarsdale Public Library Master Plan Improvement Project: $684,444.54 from the Friends of the Scarsdale Library; and be it further RESOLVED, that the Village Treasurer take the necessary steps to complete the transaction and accept this financial gift totaling $684,444.54 and deposit said funds into the Library Capital Campaign Account; and be it further Village Board of Trustees 08/08/2017 302 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 the community it serves. ******** Law Committee Upon motion entered by Trustee Finger, and seconded by Trustee Samwick, the following resolution regarding Authorization to Execute a License Agreement to Maintain a Walkway in the Village Right-of-Way – 49 Barry Road was approved by the vote indicated below: WHEREAS, Greg Schwend and Kima Schwend (hereinafter “Licensee”) are the current owners of certain real property known as 49 Barry Road and identified on the official tax map of the Village of Scarsdale as Section 12, Block 10, Lot 14 (hereinafter “Property”); and WHEREAS, the Licensee was issued a building permit for an addition to the two- story home located on the property, with the construction plans associated with said permit identifying a curved walkway from the front door of the house to the driveway; and WHEREAS, upon final inspection of the construction work by the Building Inspector, it was discovered that the walkway was constructed in a straight path from the front door of the home across the grass portion of the Village right-of-way out to Barry Road, inconsistent with the approved construction plans; and WHEREAS, the Building Inspector informed Licensee that the walkway encroachment on Village property must either be removed or legalized through subsequent inspection by the Village Engineer, followed by execution of License Agreement requiring Village Board approval; and WHEREAS, the Village Engineer inspected the walkway and determined that the existing encroachment of the Village right-of-way does not result in a visual obstruction or unsafe condition; and WHEREAS, via email dated December 29, 2016, Licensee requested that the Village Board approve a License Agreement to legalize the Village Board of Trustees 08/08/2017 303 encroachment to permit the use and maintenance of the existing walkway in the Village right-of-way, at the Licensee’s expense in accordance with the final as-built plan dated September 29, 2016, attached hereto and made a part hereof and included as Exhibit “A” of the License Agreement; and WHEREAS, Licensee will indemnify and hold harmless the Village in all actions, claims, judgments, costs or expenses arising from use and maintenance of said walkway and has provided the Village with a certificate of liability insurance naming the Village as an additional insured, approved as to form 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; 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 Greg Schwend and Kima Schwend of 49 Barry Road, Scarsdale N.Y. 10583, allowing for the existing walkway to remain in the Village right-of-way; and be it further RESOLVED, that Licensee herein agrees to indemnify and hold the Village of Scarsdale harmless in all actions, claims, judgments, costs or expenses arising from said maintenance and use of the walkway and has provided the Village with a certificate of insurance naming the Village as an additional insured; 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. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Village Board of Trustees 08/08/2017 304 Municipal Services Committee Upon motion entered by Trustee Veron, and seconded by Trustee Pekarek, the following resolution regarding an Intermunicipal Agreement with the City of New Rochelle and Town of Eastchester Hutchinson River Flood Mitigation Project was approved by the vote indicated below: WHEREAS, in response to long-standing flooding issues throughout the County of Westchester (“County”) causing damage to public and private properties, the County and municipalities worked together culminating in the County adopting a Stormwater Management Law in 2011, encouraging municipalities to work collaboratively on a regional basis to address flooding and advance flood mitigation projects in accordance with the County’s Flood Mitigation Program; and WHEREAS, the Flood Mitigation Program enables the municipalities to partner with Westchester County to fund the planning and construction for flood mitigation projects on a cost sharing basis, provided projects for which funding is sought meet the eligibility criteria and cost sharing requirements and are included in the Westchester County Reconnaissance Plan for the Coastal Long Island Sound, one of six Reconnaissance Plans prepared by the County Planning Department and adopted by the County Board of Legislators; and WHEREAS, in accordance with a preliminary design concept prepared by a consulting engineer for the City of New Rochelle, the City, Village of Scarsdale and the Town of Eastchester submitted a joint application to the County pursuant to the Flood Mitigation Program for a two phased project estimated at $3,000,000-$5,000,000 with a scope to replace and enlarge four stormwater culverts and the desilting and bank stabilization within 6500 linear feet of river bed along the Hutchinson River Basin, traversing all three communities and predominantly located on private property within the Federal Emergency Management Agency’s (FEMA) identified 100 year flood zone; and WHEREAS, said application was approved by the County through a $5,000,000 grant award with the County contributing 50% or $2,500,000 in accordance with the Stormwater Management Law, and the municipalities funding the balance through a 50% local match, a percentage of which can be satisfied through in-kind services; and Village Board of Trustees 08/08/2017 305 WHEREAS, the County Stormwater Management Law provides funding assistance for projects in two phases: Phase I, which includes project development; feasibility; preliminary design; surveying; final engineering, plan specifications and bidding assistance; and Phase II, which includes construction documents, construction and construction management; and WHEREAS, in order to move forward with securing the County grant funding through a grant agreement and proceeding with the Phase I work, the municipalities must execute a tri-party intermunicipal agreement establishing roles, responsibilities and funding obligations; and WHEREAS, the attached intermunicipal agreement between New Rochelle, Scarsdale and Eastchester identifies an estimated cost for the Phase I preliminary engineering and design work of $350,000 with the 50% local share or $175,000 to be divided through a formula based on the number of properties within each municipality benefitting from the flood mitigation work, said formula resulting in a payment obligation of 57.3%, or $100,275 for New Rochelle; 21.7%, or $37,975 for Eastchester and 21%, or $36,750 for Scarsdale; and WHEREAS, the City of New Rochelle and the Town of Eastchester have previously approved the intermunicipal agreement and it is recommended that the Village Board follow suit as the first step toward completing this flood mitigation project which will positively impact a number of Village residents within the Hutchinson River Drainage Basin FEMA flood zone and has been in the planning stages and included in the Village’s Capital Budget and Plan for the past seven years; now, therefore, be it RESOLVED, that the Village Manager is herein authorized to execute an intermunicipal agreement between the City of New Rochelle, Village of Scarsdale and the Town of Eastchester dated February 18, 2016, in substantially the same form as attached hereto, to submit a $350,000 funding application to the County of Westchester for the Phase I planning and engineering costs for the Hutchinson River Flood Mitigation Project; and be it further RESOLVED, that the cost of the Village share of $36,750 be funded through an existing purchase order for $29,000 and $7,750 in Capital Budget Account #H 8597-965 2016-018; and be it further Village Board of Trustees 08/08/2017 306 RESOLVED, that the Village Manager shall take all appropriate administrative acts required for the successful completion of the terms of the Intermunicipal agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Upon motion entered by Trustee Veron, and seconded by Trustee Samwick, the following resolution regarding Authorization to Execute an FY 2017/18 Extension of the New York State Department of Transportation State Roads Municipal Snow and Ice Removal Agreement was approved by the vote indicated below: WHEREAS, pursuant to Section 12 of the New York State Highway Law, the maintenance of State highways includes control over snow and ice removal authorized by the New York State Department of Transportation (NYSDOT); and WHEREAS, snow and ice control on State highways, 15.7 miles of which are located within the Village of Scarsdale, may be performed by the host municipality pursuant to an agreement entered into by the municipality and the NYSDOT; and WHEREAS, in the interest of public safety and plowing expediency, the Village of Scarsdale has historically provided such service to NYSDOT since 1999 through successive amendments to the Indexed Lump Sum Municipal Snow and Ice Agreement, the latest of which was executed on September 13, 2016, thereby extending the original agreement through June 30, 2017, with said agreement continuing in force until successor agreement is proffered by the NYSDOT; and WHEREAS, the NYSDOT recently delivered a one-year extension agreement for the 2017/18 season, retroactive to July 1, 2017, and terminating June 30, 2018; and Village Board of Trustees 08/08/2017 307 WHEREAS, the new estimated index lump sum expenditure is $1,628.00 per lane mile for a total of $25,559.60; now, therefore, be it RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to execute the New York State Index Lump Sum Municipal Snow and Ice Extension Agreements for the 2017/18 winter season, between the Village of Scarsdale and the New York State Department of Transportation for snow and ice removal services, in substantially the same form as attached hereto; and be it further RESOLVED, that the Village Manager is, herein, authorized to undertake all administrative acts required pursuant to the terms of the Agreements including the execution of any amendments to the above cited extension. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Upon motion entered by Trustee Veron, and seconded by Trustee Samwick, the following resolution regarding Authorization to Execute an Amendment to the 2015/16 New York State Indexed Lump Sum Municipal Snow and Ice Agreement was approved by the vote indicated below: WHEREAS, pursuant to Section 12 of the New York State Highway Law, the maintenance of State highways includes control over snow and ice removal authorized by the New York State Department of Transportation (NYSDOT) in order to make these roads safe and passable, while providing an option for this work to be accomplished by the host municipality pursuant to an intermunicipal agreement between the municipality and the NYSDOT; and WHEREAS, the Village of Scarsdale, in the interest of public safety and plowing expediency, has contracted with the State to plow the 15.7 miles of State owned roads since 1999 through successive amendments to the Indexed Lump Sum Municipal Snow and Ice Agreement, the latest of Village Board of Trustees 08/08/2017 308 which was executed in September 13, 2016, thereby extending the original agreement through June 30, 2017; and WHEREAS, during severe winters which require municipalities to perform snow and ice removal services in excess of the ten-year average, the NYSDOT amends the inter-municipal agreement covering the impacted period to provide additional funding; and WHEREAS, due to the severity of the winter storms during the 2015/16 Snow and Ice Season, the Village is entitled to an additional $3,157.21 for the 2015/16 Snow and Ice Season totaling $26,895.61 for the 2015/16 season; and WHEREAS, in order for the Village to obtain these additional funds, the Village Board must authorize the execution of an amendment to the 2015/16 Snow and Ice Agreement increasing the estimated expenditure; now therefore be it RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to execute Amendment “B” to the 2015/16 Snow and Ice Agreement, between the Village of Scarsdale and the New York State Department of Transportation to revise the estimated expenditures and increase the Village’s reimbursement for snow and ice removal services, in substantially the same form as attached hereto, and to undertake all administrative acts necessary pursuant to the amendment. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Upon motion entered by Trustee Veron, and seconded by Trustee Samwick, the following resolution regarding the Award of VM Contract #1222, Cleaning, Televising, and Cured-in-Place Pipelining for Storm and Sanitary Sewers for FY 17/18 and FY 18/19 was approved by the vote indicated below: Village Board of Trustees 08/08/2017 309 WHEREAS, the Village Manager reports that he publicly advertised in the Scarsdale Inquirer on Friday, June 30, 2017, for the receipt of bids pursuant to VM Contract #1222, Cleaning, Televising, and Cured-in- Place Pipelining for Storm and Sanitary Sewer Lines, having also provided direct notice to five vendors known to supply the services; and WHEREAS, on the bid opening date, July 25, 2017, three bids were received, with the lowest responsible bid received from National Water Main Cleaning Company, 1806 Newark Turnpike, Kearney, NJ, 07032- 4314; and WHEREAS, National Water Main Cleaning Company (NWMCC) has verified that they are capable of fulfilling all contract requirements, including having expressed to staff clear understanding of the emergency response requirements set-forth in the bid documents; and WHEREAS, NWMCC has previously performed satisfactory services for the Village, and is presently assisting our primary vendor, H2M Architect + Engineers, as a sub-contractor in the context of the ongoing Sanitary Sewer Evaluation Study (SSES); now, therefore, be it; and RESOLVED, that VM Contract # 1222, Cleaning, Televising, and Cured-in-Place Pipelining for Storm and Sanitary Sewer Lines, be awarded to National Water Main Cleaning Company, 1806 Newark Turnpike, Kearny, NJ, 07032-4314, for a two-year period with the option of renewing for one additional year, at the unit bid prices itemized in the attached bid tabulation sheet, with represented total cost based on estimated work quantities and expenses not to exceed budgeted appropriations, or an estimated maximum of $937,775 over the two- year term; and be it further RESOLVED, that the cost of same be charged to the appropriate sanitary sewer or drainage account, as determined by the Village Treasurer. RESOLVED, that the Village Manager is hereby authorized to execute VM Contract # 1222 on behalf of the Village of Scarsdale with National Water Main Cleaning Company of Kearny, NJ, 07032-4314, and to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Callaghan None None Village Board of Trustees 08/08/2017 310 Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Trustee Samwick commented after approval of the above resolution, pointing out to the public that this is nearly $1 million that is very difficult to see – it is below ground; it is a critical public service that is provided by the Village. It is not visible as a library, firehouse or road repaving but is equally important. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding Authorization to Execute a Memorandum of Agreement with Scarsdale-Edgemont Family Counseling Service for the FY 2017/18 Aging in Place Initiative was approved by the vote indicated below: WHEREAS, Scarsdale-Edgemont Family Counseling Service (SFCS) has provided a myriad of social services to the community for many years; and WHEREAS, included among these services is the Aging In Place Initiative, a program jointly funded by the Village of Scarsdale (Village) and SFCS, which endeavors to meet the evolving challenges of Scarsdale’s active, healthy, and highly educated senior citizen community through the delivery of services, including outreach and engagement, emotional support, short-term counseling, in-home assessments, advocacy, education and information, and intergenerational programming; and WHEREAS, SFCS has submitted its Fiscal Year 2017/18 Aging In Place program funding request of $46,800.07, attached herewith, representing a year- to-year increase of $2,148; and WHEREAS, the adopted FY 2017/18 budget includes adequate funding for the Aging In Place program, as further described in the attached Memorandum of Agreement (MOA) and discussed by the Village Board during budget development; now, therefore, be it Village Board of Trustees 08/08/2017 311 RESOLVED, that the Village Manager and Mayor are hereby authorized to execute the attached Aging In Place MOA with Scarsdale-Edgemont Family Counseling Service in substantially the same form as attached hereto, with the Manager also authorized to undertake administrative acts as may be required under said agreement; and be it further RESOLVED, that $46,800.07 to support the Aging In Place program, as described in the attached MOA, be charged to the FY 2017/18 General Fund Budget Account # A-9990-HUMSV-ADULTS-400 499. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Samwick, the following resolution regarding a Contract Award for VM #1218 – Furnish and Deliver Water Meters was approved by the vote indicated below: WHEREAS, the bid solicitation for VM Contract #1218 - Furnish and Deliver Water Meters was published in the Scarsdale Inquirer on Friday, April 21, 2017, advertised on the New York State procurement site, Bidnet, and distributed directly to two known meter vendors; and WHEREAS, pursuant to Village Board Resolution on June 27, 2017, Schmidt’s Wholesale, Inc., 150 Jefferson Street, Monticello, NY 12701, was awarded VM Contract # 1218 to supply Badger brand water meters in the required sizes and quantities for the stated unit bid prices, not to exceed budgeted appropriations; and WHEREAS, staff later discovered that the incorrect unit price for 3/4-inch meters was recorded in the bid tabulation sheet, with the difference attributable to a specified and necessary add-on, resulting in a correction in unit cost from $93.95 to $121.00 to purchase specification-compliant ¾ inch meters; Village Board of Trustees 08/08/2017 312 WHEREAS, despite the unit pricing correction, Schmidt’s Wholesale Inc., 150 Jefferson Street, Monticello, NY 12701 remains the lowest responsive bidder for VM Contract # 1218; now, therefore, be it RESOLVED, that the Village Board rescinds all portions of the prior resolution dated June 27, 2017, awarding VM #1218 to Schmidt’s Whole Inc.; and be it further RESOLVED, that VM Contract # 1218 – Furnish and Deliver Water Meters, be re- awarded to the lowest responsive bidder, Schmidt’s Wholesale, Inc., 150 Jefferson Street, Monticello, NY 12701, for the specified unit bid prices, as follows, with the total expenditure not to exceed budgeted appropriations of $67,700: 3/4-inch ($121.00); 1-inch ($156.75); and 1-inch with register ($156.75); and be it further RESOLVED, that the cost be charged to the Water Enterprise Budget, Account #EWS-8310-DSTRB-OP/MT- 400-424, with $67,700 in FY 17/18 funding available for water meter purchases; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1218 with Schmidt’s Wholesale Inc., 150 Jefferson Street, Monticello, New York 12701, and to undertake administrative acts as may be required pursuant to the terms of the agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Personnel Committee Upon motion entered by Trustee Ross, and seconded by Trustee Finger, the following resolution regarding an Appointment to the Conservation Advisory Council was approved by a unanimous vote: Village Board of Trustees 08/08/2017 313 WHEREAS, Julie Weinstein, 9 Harcourt Road, has resigned from her Conservation Advisory Council two-year term, expiring April 1, 2019, resulting in a vacancy on this nine-member council; and WHEREAS, the Village Board’s Personnel Committee, at their August 8, 2017 meeting, reviewed and discussed the resume of Michelle Sterling, 6 Brayton Road, to fill said vacancy and herein recommends to the Full Board that Ms. Sterling be appointed to serve the unexpired term of Ms. Weinstein on the Conservation Advisory Council; now, therefore, be it RESOLVED, that Michelle Sterling, 6 Brayton Road, is herein appointed to the Conservation Advisory Council to fill the unexpired term of Julie Weinstein for a term expiring April 1, 2019, or until such time a successor is appointed. ******** Written Communications 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. Six (6) communications have been received since the last regular Board of Trustees meeting from the following: • An email from Lika Levi, 21 Lockwood Road, regarding advance notice of Committee on Historical Preservation meetings. • A news release from the Westchester County Executive’s office regarding a favorable settlement on the zoning issue with the Federal Government regarding affordable housing. • Draft legislation from the Village Attorney’s office Amending Chapter 310 – Zoning of the Scarsdale Village Code to include limitation on the commercial sale of firearms. • A memo from the Village Manager’s office regarding proposed amendments to Chapter 281 of the Village Code – Trees, Grass, Bush, and Weeds. • A memo from the Village Manager’s office regarding a Farmer’s Market Pilot Program. • An email from Jonathan Mark commending Brian Gray, Superintendent of Parks and Recreation for coordination of the Westchester Band summer concerts in Chase Park. Village Board of Trustees 08/08/2017 314 ******* There being no further business to come before the Board, the meeting was adjourned at 9:44 P.M. on a motion entered by Trustee Finger, seconded by Trustee Pekarek and carried unanimously. Donna M. Conkling Village Clerk