Board of Trustees

Village of Scarsdale Dan Hochvert, Mayor Stephen M. Pappalardo, Village Manager Office of the Village Manager Matthew J. Callaghan Scarsdale, New York 10583 Carl L. Finger 914-722-1110 Deborah Pekarek Fax: 914-722-1119 Seth Ross www.scarsdale.com Marc Samwick Jane E. Veron Village Board Agenda October 24, 2017 Agenda Committee Meeting - 7:30 PM – Trustees Room Village Board Meeting - 8:00 PM - Rutherford Hall Roll Call Pledge of Allegiance Minutes  Village Board Meeting of October 10, 2017 Bills  Trustee Veron Mayor’s Comments ______________________ Manager’s Comments - Scarsdale Library Addition and Renovation Project Update ______________________ Trustee Committee and Liaison Reports Public Comments ______________________  Committee Items Finance Committee –Trustee Finger  Statements of Expense & Revenue for June 2017 – September 2017 ______________________  Resolution re: Acceptance of Gifts to the Scarsdale Public Library ______________________ Law Committee – Trustee Finger  Resolution re: Authorization to Execute an Amendment to the Agreement with Westchester County for 2 Drake Road ______________________  Resolution re: Set Public Hearing on School Speed Limits for Butler Road and Huntington Avenue Municipal Services Committee - Trustee Veron  Resolution re: Awarding VM Contract #1227 – Plumbing and Heating Services, Village of Scarsdale ______________________  Resolution re: Awarding VM Contract #1232 – Irrigation Services ______________________ Future Meeting Schedule Tuesday, November 14, 2017  6:00 PM – Land Use Committee Meeting – 3rd Floor Meeting Room ______________________ 1. Land Use Discussion with Planning Board, Board of Appeals and Board of Architectural Review  7:30 PM Agenda Committee Meeting ______________________  8:00 PM Village Board Meeting ______________________ Tuesday, November 28, 2017  6:00 PM – Joint Law and Sustainability Committees Meeting – 3rd Floor Meeting Room ______________________ 1. Proposed Amendments to Village Code Chapter 281 - Trees  7:30 PM Agenda Committee Meeting ______________________  8:00 PM Village Board Meeting ______________________ Village Hall Schedule Tuesday, November 7, 2017 Election Day – Village Hall Closed for Business (Open for Voting only) Friday, November 10, 2017 Veterans Day – Village Hall Closed Village Board of Trustees 10/10/2017 420 THREE THOUSAND TWO HUNDRED NINETIETH REGULAR MEETING Rutherford Hall Village Hall October 10, 2017 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, October 10, 2017 at 8:00 P.M. Present were Mayor Hochvert, Trustees Finger, Pekarek, Ross, Samwick and Veron. Also present were Village Manager Pappalardo, Deputy Village Manager Cole, Village Attorney Esannason, Assistant Village Manager Richards, Deputy Village Attorney Garrison, Village Treasurer McClure, Village Clerk Conkling, and Assistant to the Village Manager Ringel. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, September 26, 2017 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Samwick, and carried unanimously. ******** Bills & Payroll Trustee Pekarek reported that she had audited the Abstract of Claims dated October 10, 2017 in the amount of $371,541.94 which includes $21,537.34 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Pekarek and seconded by Trustee Samwick, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated October 10, 2017 in the amount of $371,541.94 is hereby approved. Trustee Pekarek further reported that she had examined the payment of bills made in advance of a Board of Trustees audit totaling $983,218.07 which were found to be in order and she moved that such payments be ratified. Upon motion duly made by Trustee Pekarek and seconded by Trustee Samwick, the following resolution was adopted unanimously: Village Board of Trustees 10/10/2017 421 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $101,097.27 is hereby ratified. ******** Mayor Hochvert stated that the Board would deviate somewhat from the regular agenda format to accommodate the next speaker who had been at the hospital since 3:00 A.M. this morning – he recognized Mr. David Raizen, President of the Scarsdale Volunteer Ambulance Corps (SVAC). David Raizen stated that he would like to update the Board on the SVAC fund raising efforts and support the resolution on this evening’s agenda regarding the purchase of a new ambulance. Mr. Raizen stated that SVAC operates three ambulances out of their site at Heathcote Five Corners and is a self-supporting volunteer ambulance corps providing emergency medical services to the Village of Scarsdale. Their annual fund drive has gone out in the last two weeks. Their two main sources of funding are the fund drive and billing for services. He stated that they need residents to assist them with the fund drive, which accounts for approximately half of their operating budget. The fund drive from the last few years has been mediocre and they are hoping for a good response this year. Mr. Raizen provided an update on the educational program SVAC is running; their EMT training center has been very successful. Every class has met the minimum requirements and 95%+ have been successful in graduating. Mr. Raizen continued, stating that as part of their operating agreement with the Village, every four years the Village purchases a new vehicle for SVAC. There is a resolution on the Board’s agenda this evening for the purchase of a new ambulance; he encouraged them to vote in favor of this purchase. Trustee Pekarek noted that from personal experience utilizing SVAC for family members, the service from the medical personnel was amazing – they were respectful, quick and knowledgeable. She thanked Mr. Raizen for the services SVAC provides to the community. ******** Mayor’s Comments Mayor Hochvert stated that a former Village Trustee and Scarsdale Bowl recipient with her husband, the first dual recipient of the Scarsdale Bowl, Esther C. Shay, passed away Village Board of Trustees 10/10/2017 422 on October 2, 2017. Esther served two terms as Trustee from 1987 to 1991. She was active in the Scarsdale League of Women Voters and her father, Warren Cunningham, was the first Mayor (President) from 1927 to 1928 in the Village of Scarsdale. Esther and her husband lived on Rectory Lane South during her Village Board years. Mayor Hochvert requested a moment of silence for Esther Shay at this time. Mayor Hochvert reported that a week ago Monday, there was a Scarsdale Neighborhood Association Presidents (SNAP) meeting. The featured speaker was Ben Boykin, who gave details to the audience on County projects. One of these items included at $34 million project that included $6 million for a compost site somewhere within the County. This would have to be approved by the NYS Comptroller which could take quite a long time. He stated that he contacted the local State representatives to see if that waiting period could be shortened. Mayor Hochvert complimented the Scarsdale Concours on a wonderful event. He stated that the turnout was outstanding, both in terms of the cars that were exhibited and the attendees. The funds raised in connection with this event are in turn contributed back to Scarsdale. Mayor Hochvert noted that three firefighters were sworn in to fill in the vacancies created by retirements. He stated that it is so nice to see young people who have done so well and their family support at the swearing in ceremony. Last Tuesday, Mayor Hochvert stated that the groundbreaking for the temporary library space at the Supply Field building was held and it was a pleasure for him to introduce State Assemblywoman Amy Paulin. Ms. Paulin had secured a $500,000 grant from the State so that the Supply Field building can be retrofitted as a temporary space for the library while the library renovations ensue. Mayor Hochvert stated that he attended a Community Support Council meeting. He explained that this council was formed in response to a series of unfortunate suicide events. They have reached out to try to build a coalition of religious persons, active volunteers, and people who can counsel. This meeting was to introduce a class being held at the high school, City 2.0, to join in as it is important to find as many connections as possible of support. Mayor Hochvert next noted that at a meeting of the Forum last Thursday, he gave the State of the Village to the audience. Following that there was a presentation by the Downtown Revitalization Committee. This afternoon, he and Trustee Veron visited the merchants downtown to discuss their parking needs in the Village. A lot of the merchants felt that there has been a revitalization of the downtown largely due to the Farmer’s Market. Village Board of Trustees 10/10/2017 423 Mayor Hochvert reported that there will be two compost activities this week: Wednesday morning, the Verizon Channel, Fios 1, will be coming to shoot a video of Ron Schulhof and Michelle Sterling at the Recycling Center regarding the food waste composting program. On Friday, New York State Senator Andrea Stewart-Cousins, will also be meeting with them at the Recycling center. This composting effort has spread throughout the County. Both Assemblywoman Paulin and Senator Stewart-Cousins are bringing it to the rest of the State. A tour of a home on Dolma Road for which a hardship appeal was heard was taken by four of the Board members. Mayor Hochvert stated that this house was built in the early 1900’s and noted how differently homes are being built today. During the summer month period while gas powered leaf blowers are not permitted under the Village Code, Mayor Hochvert stated that he learned from Police Chief Matturro that 93 citations were issued for leaf blower violations. This is the second highest number of violations for this offense on record. In 2008, 99 citations were issued. Mayor Hochvert commended the enforcement of this aspect of the Village code. ******** Manager’s Comments Village Manager Pappalardo updated the Board and the Community on the work being done on various roadways in the Village by Con Edison. Con Edison is in varying stages of upgrading natural gas mains on Popham Road, Lockwood Road, Route 125, Secor Road, Mamaroneck Road between Palmer and Brookby, and Post Road between Olmsted and Fenimore Roads. These new gas mains will enhance service during high demand periods. In order to perform the work, Con Edison must apply for a street opening permit from the Village Engineer including the provision of adequate bonds and insurances. They are also required to hire Scarsdale police officers for directing traffic. Last week Con Edison completed the gas main installation of roughly 3200 linear feet of plastic gas main along Palmer Road/New York State Route 125 and Mamaroneck Roads. They still need to pave the affected areas on Route 125 – that road is regulated by the New York State Department of Transportation as it is a New York State road. The work on Post Road will continue for the time being with traffic control handled by the Police Department. The Village will continue to use the ‘Notify Me’ public announcement function on the Village’s website to alert residents as to any traffic issues. Residents are always free to call Village Hall; in this particular case, he urged residents to call the Village Engineer’s office at 722-1106 with any questions or concerns regarding this work. Village Manager next promoted two of the Department of Recreation programs; the Recreation Department’s annual Fall Festival will be held this Sunday, October 15th at the Scarsdale Pool Complex. Join the Weinberg Nature Center and the Recreation Department Village Board of Trustees 10/10/2017 424 for a fun filled day with music and live animals. There will be a scarecrow making contest where families will have the chance to create their own life sized scarecrows. Advance registration is essential as space is limited. Go to the Recreation Department webpage on the Scarsdale website, www.scarsdale.com to register; the program can be found under the Special Events section. Food is also included with the fee. The Halloween window painting contest is scheduled for the following Sunday, October 22nd in the Village center. There will also be windows available at the Heathcote Five Corners, and perhaps at the Golden Horseshoe shopping center, depending on registration. The contest takes place from 9 am to 4 pm. The rain date will be on Monday, October 23rd from 4 pm to 7 pm. The Chamber of Commerce will co-sponsor the event and a $100 prize award will be given to the Grand Prize winner. Winners will be honored in an awards night in November. All Scarsdale residents are eligible to register. Mayor Hochvert stated that he believed that the westbound Popham Road will be repaved after Con Edison finishes all the hook-ups and something will be done with Post Road although it will be different because it is a State road. He noted that some of Post Road was repaved from approximately Drake Road to Richbell Road which eliminated some of the worst potholes along the edge of the road. ******** Other Committee Reports None. ******** Liaison Reports Trustee Veron reported on her attendance at a Crane-Berkley Neighborhood Association meeting. The Crane-Berkley residents have been working hard to maintain the beauty of the pond and neighboring area. They are working on adding new trees to replace the diseased ones that were removed and cleaning up the area. It is important for residents to know that they can play a vital role in their community through their neighborhood association. As part of the downtown revitalization program, Trustee Veron stated that they have been talking to merchants and consumers for feedback in regard to the meter pilot program. For those that want to provide feedback, they can call 1-800-410-7120 regarding the meter experience. There is a Survey Monkey link at www.scarsdale.com, type in the search bar ‘parking meter pilot’. For any questions, email metertest@scarsdale.com. She stated that Assistant Village Manager Richards is working extremely hard at making sure all feedback is given to the meter vendors and addressed on site. Village Board of Trustees 10/10/2017 425 Trustee Veron stated that the Village has invited merchants and the business community to have an open dialogue about their parking needs on Thursday, October 19th at 6:30 pm at Village Hall. Trustee Veron reminded the community that the Farmer’s Market will continue on Thursdays and she thanked everyone for their support of the Market which has gotten a lot of positive feedback. They are now exploring the possibility of moving the market indoors. Trustee Veron expressed her thanks to the Communications Committee who gave a full report to the Board of Trustees. Those in attendance were Justin Arest, Lee Fischman, Dara Gruenberg, Laura Halligan, Barry Meiselman, ML Perlman, Scott Rompala, Andrew Seresky, and Carol Silverman. The Board will discuss next steps with Village staff and will be meeting on November 13th at 6 pm. Trustee Pekarek ******** Public Hearing Trustee Veron opened a public hearing scheduled for this evening to discuss the determination of the number of taxicabs to be licensed in Scarsdale in 2018. She requested any public comment at this time. As there were no comments offered, Trustee Veron moved that the public hearing be closed, seconded by Trustee Ross and carried unanimously. On a motion entered by Trustee Veron, and seconded by Trustee Finger, the following resolution to determine the Number of Taxicabs to be Licensed in the Village of Scarsdale for 2018 was adopted by the vote indicated below: WHEREAS, Village staff has reviewed the necessary areas of taxi service in accordance with Village Code Article II, Section 272-3, in order to recommend the number of taxicabs to be licensed in the year 2018; and WHEREAS, the Village Board of Trustees approved the issuance of up to twenty- five (25) taxicab licenses in 2017, with the Village Clerk having issued twenty-three (23) taxicab licenses; and WHEREAS, based on population, train ridership data, and the number of 2017 licenses sold, Village staff has determined that the current number of 25 taxicab licenses is adequate for the proper supply of service Village Board of Trustees 10/10/2017 426 throughout the Village in 2018; now, therefore, be it RESOLVED, that pursuant to Scarsdale Village Code Article II, Section 272-3, twenty-five (25) taxicab licenses should be authorized for 2018; and be it further RESOLVED, that the Village Clerk is hereby authorized to issue said licenses in accordance with the provisions of the Village Code. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Public Comment Lena Crandall, 227 Fox Meadow Road, speaking on behalf of the Scarsdale Forum, announced that there will be a meeting of the Scarsdale Forum on Thursday, October 5th, 7:30 p.m. in the Scott Room of the Scarsdale Library. Mayor Hochvert will be giving the State of the Village address. You will hear a comprehensive report on everything that has to do with the Village and there will be an opportunity to ask questions. There will also be a program by the Scarsdale Forum’s Downtown Revitalization Committee. The event is free and everyone is welcome. Philip Mehler, 54 Birchall Drive, stated that he didn’t understand why the Village was making such a big thing out of purchasing parking meters. In New York City on every block there is a center parking machine and all of the meters were disposed of. To purchase individual meters will cost too much money. Village Manager Pappalardo stated that New York City uses the multi space meters which were referenced earlier and there are two different types in the Village Center. As Ms. Shiffer mentioned, they are much more economical and less expensive in terms of ongoing maintenance costs and other expenses compared to the single space meters. The Village has 285 parking meter spaces that will have to be accommodated either via single space meters or multi space meters. Based on their discussions with the meter manufacturers, the Village has a capital budget of $450,000 for those 285 parking spaces for new meters of some sort. Village Board of Trustees 10/10/2017 427 Mr. Mehler stated that the residents would be more interested in the condition of the Scarsdale roads, which in his opinion are deplorable. His road was supposed to be paved two years ago – he called the Engineering Department many times, and unlike previous years, no one returned his call. He visited the Engineering Department and no one was there to speak to him. He has also sent emails and has not gotten any response. He added that in general, not much has been done to pave the roads. The main roads are still in bad condition; they have been paved in sections. More money should be given for the roads. Mayor Hochvert stated that the paving began in July; you need school to not be in session while paving due to road closures. Over five miles of the 77 miles in Scarsdale were done this year. There were probably be over six miles done before this year is over. If we kept up that pace for the next 13 years, we would have paved every road in Scarsdale within its life. Post Road, which is a State road, and for which the State has responsibility for has not yet been done, even with the support of our legislators. At this time, Con Edison is digging up Post Road in the vicinity of Olmsted Road. As soon as they are done, Con Edison will have some responsibility for repaving. The previous Board did change the Code to require Con Edison to pay the Village for the repaving of the sections they dig up. He cited Crane Road as an example. He asked Mr. Mehler to send him an email at Mayor@Scarsdale.com in regard to his particular concern and he will get an answer. Mr. Mehler asked why the Assessor has not been fired yet. Mayor Hochvert responded that she has 2 ½ years left on her contract. Village Manager Pappalardo added that this is a personnel issue that the Board should not discuss publicly. Trustee Finger referred Mr., Mehler to the Public Officers Law to review for a better understanding of the position of the Assessor. Village Manager Pappalardo spoke to Mr. Mehler, stating that he was concerned about his initial comment that he had been trying to reach the Engineering Department and Public Works Department. He asked Mr. Mehler to send him whatever emails he sent to those departments at Manager@Scarsdale.com. Village Manager Pappalardo stated that he will speak to those departments tomorrow to see if they have any recollection of hearing from him. He stated that the Village has a very responsive DPW Superintendent and Village Engineer; we answer many questions in detail and often visit residents on site. He stated he was surprised to hear that Mr. Mehler had not gotten any responses. Mr. Mehler stated that in the past, those departments had been very responsive in addressing his concerns; however, this year he has not gotten any emails or phone calls in response to his questions. Mr. Mehler left his contact information with Assistant to the Village Manager Ringel. Robert Harrison, 65 Fox Meadow Road, noted that there has been more paving this year than in past years. He asked that the Village Manager and the DPW Superintendent look at Fox Meadow Road from Crane to Wayside and have it paved. He also noted that the Fox Meadow/Crane Roads intersection is very dangerous. Nothing has been done about it. Perhaps some of the bank could be taken down to improve the site line and perhaps some Village Board of Trustees 10/10/2017 428 signage that warns people to slow down on Crane Road when approaching the intersection with Fox Meadow Road. Mr. Harrison stated that he attended the Finance Committee meeting earlier this evening regarding review of the Fiscal Year 2016/17 Financial Statements with the auditors. There were comments that the revenue of the Recreation Department was down $200,000 from the previous year. He noted that he has spoken recently at Board meetings regarding tennis court management. He visited the Middle School courts this past weekend. On Friday evening there were a number of people playing there that didn’t have permits. On Saturday, there was a gentleman at the Brite Avenue courts that had a listing of those that have permits; however, he did not have any receipts to be able to charge those without permits. He encouraged the Board to hire students or seniors to oversee the courts to be sure those that are playing have permits and to charge those who do not. Over the weekend, Mr. Harrison stated that there were 8 people who did not have permits, and the time he spent there was quite short. The tennis permit system must be enforced. He stated that he sent an email to the Mayor and Village Manager urging them to enforce the tennis permit system this weekend. Trustee Callaghan, liaison to the Parks and Recreation Committee, stated that this issue is definitely one that is being discussed and reminded Mr. Harrison that the Village Board does listen to public comments and addresses them. He stated that he will speak to the Recreation Superintendent and his assistant to find out the best way to handle this situation. In regard to the resolution on the Board’s agenda this evening for the Supply Field Building second floor renovation, satellite library project, Mr. Harrison stated that in the resolution, there is a whereas clause that talks about an anticipated $500,000 New York Dormitory grant which is still pending. He thought perhaps we should wait until the money has been received. We need to be diligent on all of our project expenses. Mr. Harrison urged the Board to move forward on the installation of a comfort station at the Middle School tennis courts. Put it back in the budget and get it done. If the School Board doesn’t want to do it then the Village Board should just do it. Jill Weiss, President of the Friends of the Westchester Band, gave the Board a history of the Westchester Band. She noted that in earlier years, the band was funded by corporations, private donations and one of the unions. Approximately ten years ago, she took over as the Director of the band. In 1990, Director Joseph Albright moved to Florida and Walter Handelman succeeded him as Director. At that time the band became a non- profit corporation. Mr. Handelman filed the papers with New York State and the band became a 501(c). Mr. Alan Hollander is now Director of the band. The band has an approximately $50,000 budget per year which is depleted each summer. They no longer received funding from the now defunct union or corporations and rely solely on private Village Board of Trustees 10/10/2017 429 donors. The musicians are paid; there are professionals, amateurs, and students. The band gives community service to the students. As Mayor, Mr. Handelman had the band program under the Village Budget, as a Recreation Department program, with a budget of $16,000. The rest of the money comes from the incorporated Friends of the Westchester Band. Mailings are sent to residents every year requesting donations. The band is in its 48th season and is the oldest running music program in the County of Westchester. She thanked the Mayor and Board of Trustees, as well as the Recreation Department for all of the support they have given to the band over the years. She stated that they are starting to lose the base of the Friends of the Westchester Band due to previous members moving to another location or deceased. Ms. Weiss stated that there has not been an increase in the Village’s budget for the Westchester Band in ten years and she requested that the Board consider an increase in their budget. She noted that Superintendent of Parks and Recreation Brian Gray will ask for the increase in the next Village budget. She further stated that the band needs space – they use the high school for rehearsals and rain date space and pay them for the use of their auditorium and custodian. She said they would like to have a more secure space at the high school with the Village Board’s support. Mayor Hochvert thanked Ms. Weiss for her effort all of these years. He stated that the Board will take her request under advisement. Trustee Callaghan stated that yesterday there were two back-to-back Committee for Historic Preservation cases, one a month ago and one the month before that. With 15 years of experience on the Board of Appeals, he stated that he has seen an uptick. He wanted to assure the viewers and those in the audience that the Mayor at his first meeting set up a priority list of what he would like to see done. On that list is the Committee for Historical Preservation and the law itself. There being no further comments, Mayor Hochvert closed the public comments portion of the meeting. ******** Finance Committee Trustee Finger reported on the statements of expense and revenue for the various funds of the Village for the first three months of fiscal year 2017-18. General fund appropriations were 22.28% spent as of August 2017 as compared to 34.18% in 2016-2017. Village Board of Trustees 10/10/2017 430 General Fund Revenues other than property taxes are $6,331,785 through August 2017. This is an increase of $1,085,526 from the 2016-2017 figure of $5,246,259. The 2016- 2017 revenue items included $956,300 from the sale of 32 Ferncliff and an increase in mortgage tax of $114,966. Building Permit revenue (included in License and Permit revenue) is up $72,100 from last year which is the bulk of the increase in overall License and Permit revenue ($81,800). Parking revenue declined $26,200. Court fines are down $23,400. Recreation Department revenue decreased $62,900 due to decreased enrollment in some programs. Delinquent tax collections dropped $14,700 due to lower inventory and Cable TV and gross receipts taxes declined $76,800. Investment income increased $18,700 partially offsetting the drop in Sales tax receipts of $38,100. Overall rental income increased $159,700. After adjusting for the sale of 32 Ferncliff year-to-date income is $129,226 greater than 2016-2017. The actual collection of Village taxes through August 31, 2017 is at 98.19%. This is a decrease of 35 basis points from last year’s collection rate. ******** Land Use Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Finger, the following resolution Awarding VM Contract #1226 – Brewster Road Sanitary Sewer Replacement Project was approved by the vote indicated below: WHEREAS, the Village Manager reports that he publicly advertised in the Scarsdale Inquirer on Friday, August 20, 2017, for the receipt of bids pursuant to VM Contract #1226 – Brewster Road Sanitary Sewer Replacement Project, having also provided direct notice to two construction journals and fifteen vendors known to supply the services; and WHEREAS, on the bid opening date, September 7, 2017, five bids were received, with the lowest responsible bid received from Joken Development Corporation (Joken), 9 Belway Place, White Plains, New York 10601; and WHEREAS, Joken has verified that they are capable of fulfilling all contract requirements, including having expressed to staff clear understanding of the scope of work and project completion date set-forth in the bid documents; and Village Board of Trustees 10/10/2017 431 WHEREAS, Joken’s references provided positive recommendation for the firm, and they have also previously performed satisfactory services for the Village of Scarsdale; now, therefore, be it RESOLVED, that VM Contract # 1226, Brewster Road Sanitary Sewer Replacement Project, be awarded to Joken Development Corporation, 9 Belway Place, White Plains, New York 10601, 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 $157,452.50; and be it further RESOLVED, that the cost of same be charged to Capital Budget Accounts H8120- 965 2016-095 and H8120-965 2018-095; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1226 on behalf of the Village of Scarsdale with Joken Development Corporation, 9 Belway Place, White Plains, New York 10601, and to undertake administrative acts as may be required under said agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Municipal Services Committee Upon motion entered by Trustee Veron, and seconded by Trustee Pekarek, the following resolution Awarding VM Contract #1223 – Supply Field Building Second Floor Renovation, Satellite Library Project was approved by the vote indicated below: WHEREAS, the Village of Scarsdale is obligated by both the NYS Education Law and the Westchester County Library System Service Plan to maintain certain library services during temporary closure of the Scarsdale Public Library to facilitate the planned Library Addition and Renovation project; and Village Board of Trustees 10/10/2017 432 WHEREAS, Village and Library staff investigated alternate temporary locations to host the necessary limited library services required by law, taking into consideration such factors as inventory, programmatic, operational, office and parking needs; and WHEREAS, the unfinished, two-story, Village-owned structure known as the Supply Field Building, located at 244 Heathcote Road, was identified as the best location, providing for 3,100 square feet of second floor space, a finished lobby, elevator, and a parking lot with approximately 30-35 parking spaces; and WHEREAS, the Village hired the architectural firm of Fuller and D’Angelo (F&D), Elmsford, in March 2016 for Phase I Design Services to determine if the Supply Field Building’s second floor would constitute a viable solution for the temporary library; and WHEREAS, F& D completed a conceptual plan in June 2016, affirming location feasibility and incorporating design solutions appropriate for the temporary library needs; and WHEREAS, in order to keep the Scarsdale Library Addition and Renovation project on schedule for construction commencement in May 2018, the Supply Field Building must be ready for temporary library occupancy by April 2018; and WHEREAS, via Village Board resolution of February 28, 2016 (attached), the Village entered into an agreement with F&D for phase II design services including the preparation of construction bid documents and provision of both bidding phase services and construction administration services; and WHEREAS, in July 2017, F&D completed the bid documents for a project scope including a staff work area, administrative office, children’s room, general book stack area, public computer / copier area, new accessible bathrooms, and sufficient storage, along with a new second floor HVAC system and fire sprinkler system, having provided a construction estimate of $640,000 including contingencies; and WHEREAS, the Village Manager reports that on July 14, 2017 he publicly advertised for the receipt of bids under VM Contract #1223 - Supply Field Building Second Floor Renovation, Satellite Library (Project), which included the Base Bid work and a separate price for Alternate Village Board of Trustees 10/10/2017 433 No. 1 work to transfer certain furniture from the Library at 54 Olmstead Road to the Supply Field Building; and WHEREAS, subsequent to a pre-bid meeting held on August 1, 2017, six bids were opened on August 15, 2017, with the lowest responsible bid received from Peter A. Camilli & Sons Inc., 210 Marble Avenue, Pleasantville, NY 10570, for a lump sum Base Bid amount of $716,924; and WHEREAS, based on the F&D estimate of $640,000, a total of $650,000 was included in the adopted FY 2017/18 Capital Budget, comprised of $500,000 anticipated from a New York State Dormitory Authority Grant, which is still pending, and $150,000 in Village funding; and WHEREAS, in response to higher than anticipated bids, F&D reviewed the project scope with Peter. A. Camilli and determined that certain industry-wide increases in the mechanical and plumbing elements contributed heavily to the higher costs, but that Camilli would further review his bid and discuss opportunities with the Village after the bid award to complete the project scope at a reduced cost; and WHEREAS, it was also determined that neither value engineering nor rebidding would result in an acceptable project with meaningful savings; and WHEREAS, F&D is confident that Peter A. Camilli & Sons, Inc., understands and can complete the necessary scope as designed and within his bid amount, having also verified the firm’s references; and WHEREAS, following a thorough review, F&D and Village staff believe that VM #1223 – Supply Field Building Second floor Renovation, Satellite Library, should be awarded to the lowest responsive bidder, Peter A. Camilli & Sons Inc., 210 Marble Avenue, Pleasantville, NY 10570, for the Base Bid amount of $716,925, and that Alternate No. 1 should not be awarded; and WHEREAS, in order to award the base bid of up to $716,924 plus an approximate 3% contingency of $20,000, for a Project total of $736,924, a transfer of up to $86,924 from available Village funds is necessary; now, therefore, be it RESOLVED, that VM Contract #1223 – Supply Field Building Second Floor Renovation, Satellite Library, be awarded to Peter A. Camilli & Sons Village Board of Trustees 10/10/2017 434 Inc., 210 Marble Avenue, Pleasantville, NY 10570, for a total of $716,924; and be it further RESOLVED, that the cost of said project be charged to Capital Accounts HL- 7497-964 2018-076GT ($500,000 Grant) and # HL-7497-964-2018- 076 ($150,000); and RESOLVED, that up to $86,924 be transferred from Village General Fund balance to the Supply Field Building Second Floor Renovation, Satellite Library project account #HL-7497-964-2018-076 which includes an approximate 3% contingency; and be it further RESOLVED, that the Village Manager is herein authorized to execute VM Contract #1223 – Supply Field Building Second Floor Renovation, Satellite Library in the amount of $716,924 on behalf of the Village of Scarsdale with Peter A. Camilli & Sons Inc., 210 Marble Avenue, Pleasantville, NY 10570, and undertake all administrative acts as may be required under said agreement. AYES NAYS RECUSED ABSENT Trustee Finger Trustee Callaghan Trustee Ross None Trustee Pekarek Trustee Samwick Trustee Veron Mayor Hochvert ******** Before the vote was taken on the above resolution, the Village Manager stated that he wanted to address some points that Mr. Harrison raised previously. Village Manager Pappalardo stated that the Village recognizes that the low bid that was received out of the six bids was roughly $67,000 higher than budgeted. They asked the consultant as well as the project manager to speak to not only the low bidder, but to speak to all of the bidders, which they have done. A common theme heard was that the takeoffs for the mechanical and plumbing trades’ costs were generally higher than what the Village’s consultant had estimated. In looking at the six bids, the median cost was over $900,000. The lowest bidder is 11 ½% less than the second lowest bidder. They looked for opportunities to value engineer this project and there were really not a lot. There was no opportunity to eliminate one or more parts of this project where we thought we could save money – perhaps by doing some of the work in-house. There were no guarantees that by eliminating some of the work that they would get bids that were any better than the ones they have. They did speak to the lowest responsible bidder and there may be some Village Board of Trustees 10/10/2017 435 opportunities to save a few dollars as we move forward. They have come to the conclusion, however, that at this point in time to make the recommendation to award the contract for this amount. The additional money that Mr. Harrison mentioned in this case – close to $87,000 – will come from the unassigned fund balance. There shouldn’t be too many unknowns in this building as it is fairly new. In regard to the State grant, in making phone calls, Village Manager Pappalardo stated that he has been assured that the grant is very far down the line in the approval process and the money is not in jeopardy. If he felt it was in jeopardy in any way, they would not be discussing this item this evening. Trustee Finger noted that the original cost figure for this project was well over $900,000. A lot of work went into getting costs down. The $650,000 figure was an estimate, and he recalled the Project Manager Paul Zaicek had mentioned an approximate figure of $700,000. Although this number is not want the Board would have hoped it would be, it is not a surprise and is certainly far better than some of the numbers previously discussed. Personally, he stated that he is comfortable with it. Trustee Veron stated that they are investing in a Village asset that will last long after being a Library satellite. She felt that they were being prudent in spending money on something that will have a long life. Village Manager Pappalardo stated that the fact that they did receive six bids on this project is beneficial. The low bidder is a responsible bidder; the architect has worked with him in the past. Mayor Hochvert asked Village Manager Pappalardo if he would be able to withhold the execution of this contract until they get further down the road to receiving the grant from New York State. Village Manager Pappalardo stated that if the Board does award the contract this evening, the contractor needs to obtain all the bonds and insurances and that usually takes approximately three to four weeks. After that, a preconstruction meeting will be held. He stated that it will probably be at least three to four weeks before any work begins. This VM Contract will probably be executed within the next month, so that does allow some time. Trustee Callaghan explained that he voted nay on this resolution because they will be dipping into the General Fund for $86,000. They should be working within their budget. Also, he stated that he did not think that they undertook adequate research to place the satellite library in a location that was less hazardous – Supply Field is very crowded on Saturdays and Sundays. Finally, he stated that he felt the logistics on this is a bit off. Before he voted, Trustee Finger stated that in regard to the safety issues, he has been assured that the library is going to operate the satellite in a way to minimize hours when Village Board of Trustees 10/10/2017 436 Supply Field will be overly crowded on the weekends. That, combined with his earlier comments confirms his vote as yes. ******** Upon motion entered by Trustee Veron, and seconded by Trustee Samwick, the following resolution to Authorize the Execution of an Amendment to the 2016/2017 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 which was executed on August 08, 2017, thereby extending the original agreement through June 30, 2018; 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 2016/17 Snow and Ice Season, the Village is entitled to an additional $14,493.14 for the 2016/17 Snow and Ice Season which when added to the 2016/17 original amount of $24,774.60 equals $39,267.74; and WHEREAS, in order for the Village to obtain these additional funds, the Village Board must authorize the execution of an amendment to the 2016/17 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 2016/17 Snow and Ice Agreement, between the Village of Scarsdale and the New York State Village Board of Trustees 10/10/2017 437 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 Pekarek, and seconded by Trustee Veron, the following resolution regarding Acceptance of a New York State Department of Environmental Conservation Invasive Species Grant was approved by the vote indicated below: WHEREAS, an invasive plant species, Japanese knotweed (Reynoutria Japonica), is aggressively growing along the section of South Fox Meadow Brook flowing through Harcourt Woods, Harwood Park, and Scarsdale High School property; and WHEREAS, left unchecked, the knotweed will work to undermine, through organic matter deposition and culvert obstruction, the Village of Scarsdale watercourse restoration work completed in 2015, as well as dominate the wetlands ecology, thereby adversely impacting ecological function through severe reduction or elimination of native wetland plant species; and WHEREAS, the Village of Scarsdale is desirous of protecting its significant South Fox Meadow Brook watercourse restoration investment and capitalizing on the ecological services that a healthy, native wetland ecosystem provides, thus necessitating a multi-year knotweed eradication program involving a combination of mechanical and manual invasive species control, herein referred to as the South Fox Meadow Brook Knotweed Remediation Project (Project); and Village Board of Trustees 10/10/2017 438 WHEREAS, the Village of Scarsdale applied to the NYS Department of Environmental Conservation for a $24,500 Invasive Species Rapid Response and Control Program grant to support the Project; and WHEREAS, on July 7, 2017, the NYSDEC awarded an Invasive Species Rapid Response Grant to the Village of Scarsdale in the amount of $24,500, which requires a $25,000 local match, yielding a total Project cost of $49,500; and WHEREAS, the Village Planner reviewed the Project pursuant to the State Environmental Quality Review Act (SEQRA) and Chapter 152 of the Village Code, having determined that it constitutes a Type II Action pursuant to SEQRA, with no further environmental review required (see attached memo); and WHEREAS, Village staff has reviewed the rules and guidelines of the Invasive Species Rapid Response Grant and believe it is in the best interest of the Village to accept the funding; now, therefore, be it RESOLVED, that the Village Manager is herein authorized to execute NYSDEC Invasive Species Rapid Response and Control Grant, in substantially the same form as attached hereto, for Knotweed remediation along South Fox Meadow Brook, over a three year period, as outlined in Attachment C of the Grant Agreement, entitled Work Plan; and be it further RESOLVED, that the required local match of $25,000 will be comprised of $10,000 included in the adopted FY 2017/18 Capital Budget, Account # H- 1997-961 2018-120, $5,000 in Village of Scarsdale in-kind services, and $10,000 contributed by Scarsdale School District subject to the School Board’s approval; and be it further RESOLVED, that grant funds expended under this program be charged to Capital Budget Account H-1997-961 2018-120, with grant reimbursements credited back to the same account; and be it further RESOLVED, that the Village Manager is herein authorized to undertake the administrative acts required pursuant to the grant agreement. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Village Board of Trustees 10/10/2017 439 Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Trustee Pekarek thanked Assistant to the Village Manager Josh Ringel who was successful in securing this grant. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Veron, the following resolution Authorizing the Execution of an Intermunicipal Agreement with the Scarsdale Union Free School District in Regard to the South Fox Meadow Brook Knotweed Remediation Project was approved by the vote indicated below: WHEREAS, an invasive plant species, Japanese knotweed (Reynoutria Japonica), is aggressively growing along the section of South Fox Meadow Brook flowing through Harwood Woods, Harwood Park, and Scarsdale High School property; and WHEREAS, left unchecked, the knotweed will work to undermine, through organic matter deposition and culvert obstruction, the Village of Scarsdale watercourse restoration work completed in 2015, as well as dominate the wetlands ecology, thereby adversely impacting ecological function through severe reduction or elimination of native wetland plant species; and WHEREAS, the Village of Scarsdale is desirous of protecting its significant South Fox Meadow Brook watercourse restoration investment and capitalizing on the ecological services that a healthy, native wetland ecosystem provides, thus necessitating a multi-year knotweed eradication program involving a combination of mechanical and manual invasive species control, herein referred to as the South Fox Meadow Brook Knotweed Remediation Project (Project); and WHEREAS Village of Scarsdale staff met with Scarsdale Union Free School District staff to discuss the prospect of working cooperatively to implement the Project, which involves both School and Village Property, having agreed that the project merits joint funding and that New York State funding should be pursued, as well; and Village Board of Trustees 10/10/2017 440 WHEREAS, the Village of Scarsdale applied for and received a $24,500 NYS Department of Environmental Conservation Invasive Species Rapid Response and Control Grant, which includes an equal local match requirement to be satisfied through separate $10,000 funding appropriations by the School District and Village with the balance completed through Village in-kind services; and WHEREAS, an Intermunicipal Agreement is necessary to establish authority for joint Project implementation, with the Scarsdale Board of Education considering said agreement, attached herewith, at its meeting on September 25, 2017; now, therefore, be it RESOLVED, that the Board of Trustees hereby authorizes the Village Manager to execute, in substantially the same form as attached hereto, an Intermunicipal Agreement with the Scarsdale Union Free School District for activities related to the South Fox Meadow Brook Knotweed Remediation Project; and be it further RESOLVED, that the Village Manager is hereby authorized to undertake any administrative acts required under the terms of the 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 Pekarek, and seconded by Trustee Veron, the following resolution regarding Rejection of Bids for VM #1225 – South Fox Meadow Brook Knotweed Remediation was approved by the vote indicated below: WHEREAS, on August 25, 2017, the Village published VM Contract #1225 seeking bids for the Fox Meadow Brook Knotweed Remediation Project for work involving 15 bi-weekly cuttings of Japanese Knotweed in two separate service areas over a three year period along the South Fox Meadow Brook; and Village Board of Trustees 10/10/2017 441 WHEREAS, on the bid opening date, Tuesday, September 12, 2017, one bid was received for a total of $53,550, a cost in excess of the established project budget and available funding; and WHEREAS, as a result of lack of competition and the potential for reducing project costs through elimination of unnecessary manual labor and hauling of plant materials, staff recommends rejecting the sole bid, modifying the bid specifications, and undertaking a rebidding process inclusive of additional vendor outreach to cultivate increased participation; now, therefore, be it RESOLVED, that pursuant to Section 103 of the New York State General Municipal Law and Section 57-7 of the Village Code, the Village Board hereby rejects the sole bid received for VM Contract #1225 – South Fox Meadow Brook Knotweed Remediation; and be it further RESOLVED, that the Village Manager is herein authorized to re-advertise and re- bid these items in accordance with New York State General Municipal Law. 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 Veron, the following resolution regarding Authorization to Execute a Memorandum of Agreement with the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service for the FY 2017/18 Youth Services Project was approved by the vote indicated below: WHEREAS, in 1984 the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale-Edgemont Family Counseling Service recognized the need for a safety net for youth and emotional support for their parents which led to the creation of the Scarsdale Youth Services Project; and Village Board of Trustees 10/10/2017 442 WHEREAS, the Youth Services Project is a partnership of the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service that provides challenging programs for youth and parents that build confidence and strengthen the character of youth in grades six through twelve, provide outreach to parents, make available support groups, offer parenting strategies as well as other challenging programs; and WHEREAS, the current agreement expired effective August 31, 2017, and Scarsdale/Edgemont Family Counseling Service has proffered a successor agreement to the Village which includes a new provision allowing the School Superintendent and Village Manager limited flexibility to adjust the agreement fee for certain unforeseen personnel matters effecting the provision of counseling services provided by the Scarsdale-Edgemont Family Counseling Services; and WHEREAS, the term of the proposed agreement is for one year, commencing September 1, 2017, and terminating August 31, 2018, at a total cost of $474,418.70, to be distributed equally between the Village and Scarsdale Union Free School District at $237,209.35 for each government; and WHEREAS, the Board of Trustees provided an appropriation of $237,209.35 in the FY 2017/18 General Fund Budget for the purposes of funding the Youth Services Project; now, therefore, be it RESOLVED, that the Mayor and Village Manager are herein authorized to execute the Memorandum of Agreement among the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service, in substantially the same form as attached hereto, and that the Village Manager is further authorized to perform all necessary administrative acts in connection therewith; and be it further RESOLVED, that all costs associated with this agreement be charged to FY 2017/18 General Fund Budget Account # A-9990-HUMSV- YOUTH-400 499 not to exceed budgeted appropriations. AYES NAYS RECUSED ABSENT Trustee Callaghan None Trustee Samwick None Trustee Finger Trustee Pekarek Village Board of Trustees 10/10/2017 443 Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** Recreation Committee Upon motion entered by Trustee Callaghan, and seconded by Trustee Veron, the following resolution regarding Rejection of Bids for VM Contract #1224 – Irrigation System Services was approved by the vote indicated below: WHEREAS, costs for irrigations system services have escalated in recent years due to expansion of irrigated areas and the aging of certain system components, thus requiring a sealed bid procurement process; and WHEREAS, the Village now has fifteen properties with irrigation systems of varying sizes, each of which requires seasonal commissioning and winterization, as well as unscheduled repairs, collectively “Irrigation System Services”; and WHEREAS, on July 28, 2017, the Village published VM Contract #1224 seeking sealed bids for Irrigation System Services throughout the Village’s parks and facilities and on the bid opening date, Tuesday, August 21, 2017, four bids were received; and WHEREAS, bid review revealed that the bid specifications failed to limit the cost of materials to no greater than 1.1% above the amount invoiced to the contractor, which renders the bids received not comparable to one another; and WHEREAS, it is in the Village’s best interest to reject all bids and reissue the Request for Bids with modified bid specifications, as related above and discussed further in the attached staff memo; now, therefore, be it RESOLVED, pursuant to Section 103 of the New York State General Municipal Law and Section 57-7 of the Village Code, the Village Board hereby rejects all bids received pursuant to VM Contract #1224 – Irrigation System Services; and be it further Village Board of Trustees 10/10/2017 444 RESOLVED, that the Village Manager is herein authorized and directed re-bid these items in accordance with New York State General Municipal Law. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Pekarek Trustee Ross Trustee Samwick Trustee Veron Mayor Hochvert ******** 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. Mayor Hochvert noted that the Board received a report from the Scarsdale Forum Municipal Committee on the quality of life and Village Code violations. Mayor Hochvert further stated that this afternoon he received a note from Cynthia Roberts relating to trash overflows in the Village Center. ******** Future Meeting Schedule  Tuesday, October 10, 2017 – Committee of the Whole – 6:30 P.M. – Third Floor Meeting Room  Tuesday, October 10, 2017 – Agenda Committee Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, October 10, 2017 – Village Board Meeting – 8:00 P.M. – Rutherford Hall  Tuesday, October 24, 2017 – Agenda Committee Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, October 24, 2017 – Village Board Meeting – 8:00 P.M. – Rutherford Hall  Tuesday, November 14, 2017 – Land Use Committee Meeting – 6:00 P.M. – Third Floor Meeting Room  Tuesday, November 14, 2017 – Agenda Committee Meeting – 7:30 P.M. – Trustees’ Village Board of Trustees 10/10/2017 445 Room  Tuesday, November 14, 2017 – Village Board Meeting – 8:00 P.M. – Rutherford Hall ******** Village Hall Schedule  Monday, October 9, 2017 – Columbus Day – Village Hall Closed ******** There being no further business to come before the Board, the meeting was adjourned at 10:05 P.M. on a motion entered by Trustee Finger, seconded by Trustee Pekarek and carried unanimously. Donna M. Conkling Village Clerk RESOLUTION RE: ACCEPTANCE OF GIFTS TO THE SCARSDALE PUBLIC LIBRARY WHEREAS, the Henry Laird Smith Foundation has made a $1,000 donation to the Scarsdale Public Library; and WHEREAS, the Gellin Zalaznick Foundation, Inc., has made a $750 donation to the Scarsdale Public Library; and WHEREAS, pursuant to Policy #103: “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 gifts to the Scarsdale Public Library in the amounts of $750.00 from the Gellin Zalaznick Foundation, Inc., and $1,000 from the Henry Laird Smith Foundation to use for general library purposes; and be it further RESOLVED, that the Village Treasurer take the necessary steps to complete the transaction and accept these financial gifts of $1,750 and deposit it in the Library’s Miscellaneous Gifts Account; and be it further RESOLVED, that the Board of Trustees hereby extends their heartfelt thanks and great appreciation to the Gellin Zalaznick Foundation, Inc., and the Henry Laird Smith Foundation. Submitted by: Village Manager Date: October 20, 2017 For: October 24, 2017 RESOLUTION RE: AUTHORIZATION TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH WESTCHESTER COUNTY FOR 2 DRAKE ROAD WHEREAS, the Village of Scarsdale (“Village”) owns certain real property known as 2 Drake Road (“Premises”), which is improved by a one- family home and identified on the Village of Scarsdale Tax Map as Section 11, Block 12, Lot 2; and WHEREAS, the Village and the County of Westchester (“County”) are currently parties to a lease agreement originally executed in 1987, renewed in 1994, 1999, 2004, 2009, and again in 2014, under which the Village leases the premises to the County; and WHEREAS, pursuant to the terms of the latest agreement (attached), the County uses the property to provide transitional housing for homeless families or for longer-term housing, as approved by the Village Manager; and WHEREAS, the proposed lease agreement requires that the County pay to the Village a sum equal to the monthly shelter allowance approved by the New York State Office of Temporary and Disability Assistance for Westchester County, currently estimated at $5,112; and WHEREAS, the family residing at 2 Drake Road does not meet the eligibility requirements for federal and state assistance due to their residency status, an therefore the County is unable to collect the New York State shelter allowance; and WHEREAS, previous requests from the County Department of Social Services to waive the rental fee have been approved by Village Boards via resolutions dated September 13, 2005, January 8, 2008, September 22, 2009, June 28, 2011, May 22, 2012, May 14, 2013, and April 8, 2014, attached hereto and made a part hereof, coinciding with the residency tenure of the current family; and WHEREAS, the County is again asking the Village to waive the rental payments provided for in the proposed successor agreement, as they continue to work with the family to establish a self- sufficiency plan and move them out of 2 Drake Rd; and WHEREAS, the approximate $5,112 in annual state assistance represents less than 1% of our Village’s budget revenue estimate for the rental of real property, with the waiver of such revenue having minimal impact on the overall budget; and WHEREAS, staff recommends that the Village Board grant a rent waiver from May 1, 2015, through April 30, 2018, said waiver to be accomplished through an addendum to the proposed agreement in the form of a letter in substantially the same form attached hereto; now, therefore, be it RESOLVED, that the Village Manager is hereby authorized to execute a lease agreement with the County of Westchester, in substantially the same form as attached hereto; and be it further RESOLVED, that the annual rent payment equal to the monthly shelter allowance approved by the New York State Office of Temporary Disability Assistance for Westchester County, identified in paragraph two of the agreement, is herein waived for the period of May 1, 2015, through April 30, 2018; and be it further RESOLVED, that the Village Manager shall take all administrative acts necessary in accordance with said lease agreement. Submitted by: Village Manager Date: October 20, 2017 For: October 24, 2017 October 24, 2017 Stacey Reynolds Director of Temporary Assistance Westchester County Department of Social Services 85 Court Street, Room 225 White Plains, NY 10601 RE: Amendment to the 2 Drake Road Lease Agreement dated May 16, 2014, between the Village of Scarsdale and Westchester County Dear Ms. Reynolds, The Village of Scarsdale acknowledges your request for a temporary waiver of Westchester County’s rent obligation in accordance with the above referenced agreement (“Agreement”). The Village understands that the County’s rent waiver request is advanced because the family that the County has placed at the 2 Drake Road home since 2005, the Aguirres, is ineligible to receive the monthly shelter allowance provided under the New York State Temporary Assistance for Needy Families (TANF) program. Pursuant to the attached resolution adopted by the Scarsdale Village Board of Trustees on October 24, 2017, the Village herein agrees to waive the monthly shelter allowance payment identified in Paragraph 2 – “Rent” of the Agreement. This waiver is provided for a three-year period, from May 1, 2015 – April 30, 2018, and may be extended by the Village upon written request from the County. The rent waiver will immediately expire and shall not be renewed once the Aguirres no longer reside at 2 Drake Road; all other provisions of the Agreement shall remain in full force and effect at such time. This letter of agreement shall serve as an amendment to the Agreement dated May 16, 2014, between the Village of Scarsdale and the County of Westchester and become a part thereof. Please forward a fully executed original to my attention for Village of Scarsdale files. The Village of Scarsdale appreciates the County’s support and concern for the Aguirre family, and the Village is pleased to able to contribute to this effort. Sincerely, . Stephen M. Pappalardo Village Manager (Date) (Signature) (Print Name) __________________ Accepted by Westchester County RESOLUTION RE: SCHEDULE PUBLIC HEARING ON SCHOOL SPEED LIMITS FOR BUTLER ROAD AND HUNTINGTON AVENUE RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale in Rutherford Hall at Village Hall on Tuesday, November 14, 2017, at 8:00 pm to receive comments on the addition of new School Speed Limits pursuant to Sections 290-7 and 290-54 of the Village Code. RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. Submitted by: Village Manager Date: October 20, 2017 For: October 24, 2017 Village of Scarsdale Memorandum Village Manager’s Office To: Stephen M. Pappalardo, Village Manager From: Joshua Ringel, Assistant to the Village Manager Date: October 17, 2017 Re: School Speed Limit Requests: Fox Meadow School & Greenacres School Fox Meadow School: Butler Road The Village of Scarsdale received complaints of speeding vehicles on Butler Road between Brewster Road and Brite Road in 2016. Scarsdale Police recorded speeds and vehicle counts in June 2016 and found that no excessive speeding issue existed in relation to the posted 30 MPH limit. Neighborhood residents subsequently requested a school speed limit be established for Butler Road due to it’s proximity to Fox Meadow Elementary School. In order for a school speed limit to be established, New York State Vehicle and Traffic Law Section 1643 and New York State Department of Transportation Regulations requires the following conditions be met: 1. The facility in question adjacent to the road is a school; 2. Some of the children walk or bicycle to or from the facility, or the facility and related facilities (e.g., classrooms, cafeteria, gymnasium, playground, athletic fields, parking lots) are separated by a highway and require the children to cross the highway on foot to access the facilities; 3. The school speed limit shall not be no lower than 15 MPH; and 4. The length of the school speed limit zone shall not exceed 1,320 feet on a highway passing a school building, entrance or exit of a school abutting on the highway, and shall begin no farther than 300 feet from the school property line. 5. The school speed limit may only be in effect 7AM-6PM. The intersection at Brewster and Butler is directly adjacent to School Property, which conforms to state law and regulations. The intersection of Brite Ave and Butler Rd is approximately 320 feet from the school property line. Accordingly, a Butler Road School Speed Limit may begin at the intersection of Brewster Road and Butler Road and end approximately 20 feet prior the intersection of Butler Road and Brite Ave. The distance between Brewster Road and Brite Avenue is approximately 1,052 feet. David Parker, NYSDOT Traffic Safety & Operations Investigator, confirmed that the school speed zone herein described is permissible under NYS law. Attached to this memo is a map depicting the school speed limit boundaries. The Traffic Safety Committee considered the request at its July 13, 2017, meeting and recommends establishment of the Butler Road School Speed Limit. Greenacres School: Huntington Avenue This is a technical correction. Huntington Avenue from Brewster Road to Montrose Road (along the north side of Greenacres School) is already signed with a 15 MPH school speed limit, however, it was inadvertently omitted from the Scarsdale Village Code when instituted and is therefore currently uncodified. It is proper to correct this omission at this time.  Page 2 Butler Road School Speed Limit Zone Fox Meadow Elementary Print Date: 10/20/2017  INTRODUCTORY LOCAL LAW # ___ OF 2017 A LOCAL LAW AMENDING CHAPTER 290 OF THE SCARSDALE VILLAGE CODE ENTITLED VEHICLES AND TRAFFIC BE IT ENACTED by the Board of Trustees of the Village of Scarsdale as follows: § 290-54. Schedule III: School Speed Limits In accordance with § 290-7, no person shall drive a vehicle in excess of the speeds indicated below, in the areas designated below, during school days between the hours of 7:00 a.m. and 6:00 p.m.: Speed Limit Name of Street (mph) Location Boulevard 15 From Post Road to Bell Road Brewster Road 15 From Chesterfield Road north for 260 feet Brite Avenue 15 From Butler Road to a point 260 feet north of Chesterfield Road Butler Road 15 From Brewster Road to Brite Avenue Chesterfield Road 15 From Brite Avenue to Brewster Road Edgewood Road 15 From Nelson Road to Boulevard Ferncliff Road 15 From Drake Road to Edgewood Road Gaylor Road 15 From Carman Road to Boulevard Huntington Avenue 15 From Brewster Road to Montrose Road Mamaroneck Road 15 From Catherine Road to Mohican Trail Montrose Road 15 From Huntington Avenue to a point 260 feet north thereof Nelson Road 15 From Barry Road to Rodney Road Putnam Road 15 From Sage Terrace to Huntington Avenue Rodney Road 15 From Nelson Road to Ferncliff Road Roosevelt Place 15 From Edgewood Road to Ferncliff Road Wayside Lane 15 From Post Road to Carstensen Road EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Underline means addition. Strikethrough means delete. RESOLUTION RE: AWARDING VM CONTRACT #1227 – PLUMBING AND HEATING SERVICES, VILLAGE OF SCARSDALE WHEREAS, general plumbing work and heater/boiler maintenance services for Village-owned facilities is currently performed by way of a time and materials contract with a local plumbing and heating services pursuant to a previous Request for Proposal process; and WHEREAS, based on an increase in the amount of work, it is necessary to perform a sealed bid process to conform with NYS Bidding Laws, and as such, on September 8, 2017, the Village advertised for the receipt of bids under M Contract #1227 – Plumbing and Heating Services; and WHEREAS, three bids were received on the bid opening date of October 3, 2017, with the lowest responsive bid submitted by NY Home Maintenance Co., D/B/A A. Borrelli Mechanical, 147 Wheeler Avenue, Pleasantville, NY 10570, itemized as follows: Mechanic Standard Hourly rate $92.00 and Helper hourly rate $82.00; and WHEREAS, A.Borrelli Mechanical, has previously provided these plumbing and heating contract services for the Village in a satisfactory manner and is familiar with the scope of work required; now, therefore, be it RESOLVED, that VM Contract #1227 – Plumbing and Heating Services be awarded to the lowest responsive bidder, NY Home Maintenance Co., D/B/A A. Borrelli Mechanical, 147 Wheeler Avenue, Pleasantville, NY 10570, at the hourly rates specified in their bid for a total amount not to exceed budget appropriations; and be it further RESOLVED, that the Village Manager is hereby authorized to execute VM Contract #1227 – Plumbing and Heating Services on behalf of the Village with NY Home Maintenance Co., D/B/A A.Borrelli Mechanical; and be it further RESOLVED, that the costs of VM Contract #1227 be charged to the appropriate budget accounts, as determined by the Village Treasurer and subject to adequate budget appropriations; and be it further RESOLVED, that this two year contract may be extended annually by the Village Manager for three additional one-year periods subject to the availability of adequate budget appropriations and in accordance with the provision in the contract for adjusted rates based on certain state indices and provided that all other contract terms and conditions remain unchanged. Submitted by: Village Manager Date: October 20, 2017 For: October 24, 2017  ARTICLES OF AGREEMENT VILLAGE OF SCARSDALE WESTCHESTER COUNTY, NEW YORK PLUMBING AND HEATING SERVICES VILLAGE OF SCARSDALE VM Contract # 1227 ARTICLES OF AGREEMENT Albert Borrelli, Owner __________________________________________________________doing business as Name of Bidder NY Home Maintenance Co., Inc., D/B/A A.Borrelli Mechanical ___________________________________________________________________________ Name of Company 147 Wheeler Avenue, Pleasantville, NY 10570 of_________________________________________________________________________ Address hereby agrees to furnish labor, materials, parts and equipment and perform the work for the Village of Scarsdale, Westchester County, New York in accordance with the Proposal, Information for Bidders, General Conditions, Supplemental General Conditions and all sections of the Project Specifications dated September 8, 2017, which are attached to these Articles of Agreement and hereby made a part of this contract, (all of which contract documents the Contractor acknowledges he has read and examined) and to accept in full payment for the work listed in the Proposal, accepted by the Village of Scarsdale, New York, agrees to make payment per the following Bid Price: 1.) Standard Hours Service- Year 0ne (1) and Year Two (2) 92.00 A.) $___________________________________________per / hr. – Mechanic (Written in Numbers) Ninety Two Dollars $___________________________________________per / hr. – Mechanic (Written in Words) 82.00 B.) $___________________________________________per / hr. – Helper (Written in Numbers) Eighty Two Dollars $___________________________________________per / hr. – Helper (Written in Words) Emergency Service – Shall be 1.5X Standard Hours Service Rate. Sunday and Holiday Service – Shall be 2X Standard Hours Service Rate.  ARTICLES OF AGREEMENT Material multiplier shall be 1.1x the cost to the material. This is a two year contract and the price may be escalated as specified under the terms on the Contract in the Information for Bidders. The Village of Scarsdale, Westchester County, New York, agrees to make payment in full for work performed to the satisfaction of the appropriate Village officials. Upon the failure of the Contractor to perform in any manner, in accordance with the Proposal, Information for Bidders, General Conditions, Supplemental General Conditions and all sections of the Project Specifications dated September 8, 2017 the Village has the right to cancel this contract. IN WITNESS WHEREOF, the Village of Scarsdale has caused this Contract to be executed by its duly authorized officers, who, however, incur no possible personal liability by reason of the execution thereof or of anything herein contained, and has hereunto set his hand and seal this__________________day of____________________________. Village of Scarsdale: Contractor: _____________________________ By: _____________________________ Village Manager Name (Signature) Attest _____________________________ _____________________________ Village Clerk Name (printed) _____________________________ Title Attest:________________________  Village of Scarsdale Memo To: Stephen M. Pappalardo, Village Manager From: Paul Zaicek, Director of Capital Projects CC: Benedict Salanitro, Superintendent of Public Works Mary Lou McClure, Village Treasurer Date: October 18, 2017 Re: VM Contract# 1227 – Plumbing & Heating Services Plumbing and heating services for Village-owned properties are billed on a time and material basis whereby a plumbing and/or mechanical contractor performs miscellaneous plumbing & heating work on an as needed basis, including necessary preventative maintenance and seasonal servicing, for a set hourly rate and the Village reimburses the contractor for materials used. As the total annual cost of plumbing and heating services each year may exceed $35,000, the threshold for public works contracts pursuant to Section 2.4 of the Village’s Internal Control Policy, the public letting of a plumbing and heating services contract was necessary. The existing agreement for such services expired in August 2017 and the Village advertised on September 08, 2017, for the receipt of bids pursuant to VM Contract #1227 – Plumbing and Heating Services. Notice to Bidders was sent to the Scarsdale Inquirer, Construction Data News and Dodge Reports, and provided directly to five Plumbing/Mechanical contractors. The contract specifications were also placed on the Empire State online Bid System. On the bid opening date, October 03, 2017, three bids were opened, as documented on the attached bid tabulation sheet. NY Home Maintenance Co., D/B/A A. Borrelli Mechanical (A. Borrelli), was the lowest responsible bidder. A. Borrelli’s hourly rates are within industry standards and conform to NYS Prevailing Wage requirements. Additionally, A. Borrelli provided plumbing and heating time and material contract work for the Village several years ago and the Village found their work to be timely and professional. Current references were also checked and the vendor displayed complete understanding of the required scope of work. Accordingly, staff recommends award of VM Contract # 1227 – Plumbing and Heating Services to NY Home Maintenance Co., D/B/A A. Borrelli Mechanical, 124 Wheeler Avenue, Pleasantville, NY 10570, at the rates specified in their bid, for a total not to exceed budget appropriations. Please place the attached resolution and supporting materials on the Village Board’s October 24, 2017, agenda for their consideration.  Page 1 Village of Scarsdale Memorandum Parks, Recreation, and Conservation Department To: Stephen M. Pappalardo, Village Manager From: Brian Gray, Superintendent of PRC Date: October 19, 2017 Re: Award of VM Contract #1232 – Irrigation System Services The Village of Scarsdale has installed irrigation systems at 15 locations across the Village. The irrigation systems require a combination of preventative and seasonal maintenance, as well as repairs on an as-needed basis. Non-scheduled repairs comprise the largest portion of our maintenance costs. Because our annual maintenance costs may exceed $35,000, the threshold for public works contracts pursuant to Section 103 of the New York State General Municipal Law, the public letting of an Irrigation System Services contract was deemed prudent. VM #1232 - Irrigation System Services was advertised in the Scarsdale Inquirer on September 29, 2017, with copies of the bid opportunity also distributed directly to five vendors, as well as posted on the Village website. On the bid opening date, October 10, 2017, five sealed bids were opened, as summarized in the attached bid tabulation sheet. The lowest bid was received from Tony Casale, Inc., 1185 Saw Mill River Road, Yonkers, NY 10710. However, the firm’s bid was deemed non-responsive to the bid specifications by Village Attorney Wayne Esannason because it did not adhere to Prevailing Wage requirements. As a result, the lowest responsive bidder was East Coast Irrigation, 20 Wright Place, Scarsdale, NY 10583. Based on the aforementioned information, the lowest responsive aggregate bid total for Units A, B, and C was received from East Coast Irrigation, in the estimated amount of $20,620.00 per year for Year One and Year Two of this two year contract. The firm’s bid is comprised of $3,500 for Unit A (system winterization), $4,700 for Unit B (seasonal system start-up), and Unit C unscheduled repair hourly labor rates of $135.00 for either a mechanic or laborer. The estimated bid total was calculated using the combination of the Unit A bid, Unit B bid, and the hourly rate multiplied by the estimated number of repair hours for the mechanic (32) and laborer (60), which was based on actual annual repair billing historical data, for a Unit C total of $12,420.00, and grand annual total of $20,620.00. Village staff met with East Coast Irrigation, and determined that the firm conveyed a clear understanding of the scope of work and confidence in their ability to perform as required. As a result of the foregoing, I recommend awarding VM Contract # 1232 – Irrigation System Services Unit A & B in the amount of $8,200.00 for Year One and Year Two (11/17 through 10/18 & 11/18 through 10/19), as well as Unit C for the standard hourly rate for a Mechanic of $135.00 and a Laborer of $135.00, for an estimated annual total of $20,620.00. As proposed, the Village Manager may extend the contract for two additional one-year periods, subject to the availability of adequate budget appropriations in accordance with the annual consumer price index provision provided. Please place this item on the Village Board’s October 24, 2017, agenda for their consideration. RESOLUTION RE: AWARDING CONTRACTS PURUSANT TO VM #1232 - IRRIGATION SYSTEM SERVICES WHEREAS, the Village has fifteen (15) properties containing irrigation systems which require a combination of preventative and seasonal maintenance, as well as repairs on an as needed basis; and WHEREAS, because non-scheduled repairs comprise the largest portion of our maintenance costs which may exceed $35,000 annually, the threshold for public works contracts pursuant to the New York State General Municipal Law, the public letting of an Irrigation Systems Services contract was deemed prudent; and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on September 29, 2017, under VM Contract #1232 – Irrigation System Services, including Unit A (system winterization), Unit B (system seasonal opening), and Unit C (unscheduled repairs), and sent the bid documents to five potential contractor’s, with five sealed bids subsequently received on the bid opening date, October 10, 2017; and WHEREAS, the bid received from the apparent low bidder was deemed non-compliant and disqualified due to the contractors failure to incorporate mandatory New York State Labor Department Prevailing Wage rates; and WHEREAS, the lowest responsible bid was received from East Coast Irrigation, 20 Wright Place, Scarsdale, NY 10583, comprised of Unit A ($3,500.00), Unit B ($4,700), and Unit C ($135.00 hourly rate for either a mechanic or laborer), for an estimated combined total of $20,620.00 annually; and WHEREAS, staff has received favorable references for East Coast Irrigation, and determined that the contractor understands the scope of work required, and as such, recommends the award of VM Contract #1232 – Irrigation System Services to the lowest responsible bidder, East Coast Irrigation; now, therefore, be it RESOLVED, that VM Contract #1232 – Irrigation System Services Units A ($3,500.00), and B ($4,700.00), and C (standard hourly rate of $135.00 for either a mechanic or laborer) for an estimated annual total $20,620.00 for each year of the two-year agreement is herein awarded to East Coast Irrigation, 20 Wright Place, Scarsdale, NY 10583, for these unit bid prices which are in accordance with the Bid Tabulation Sheet attached hereto and made a part hereof, subject to the availability of adequate budget appropriations; and be it further RESOLVED, that the Village Manager is herein authorized to execute VM Contract # 1232 – Irrigation System Services Units A, B, and C with East Coast  Irrigation, 20 Wright Place, Scarsdale, NY 10583, for a two-year term subject to the availability of adequate budget appropriations; and be it further RESOLVED, that all costs associated with VM Contract #1232 Irrigation System Services be charged to A-7020 PLGRD- MAINT- 400-499; and be it further RESOLVED, that this contract may be extended annually by the Village Manager for two additional one-year periods, subject to the availability of adequate budget appropriations and in accordance with all other contract terms and conditions. Submitted by: Village Manager Date: October 20, 2017 For: October 24, 2017