AGENDA Ardsley Village Board of Trustees

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AGENDA

Ardsley Village Board of Trustees

8:00 PM - Monday, March 2, 2020

507 Ashford Avenue

BROADCAST LIVE ON VERIZON 32/35 & CABLEVISION 75 CALL IN NUMBER (914) 693-6202

Page

8:15 p.m. - PUBLIC HEARING

To Consider a Local Law to Establish a Program For Imposing and Collecting Sewer Rents From Among All Benefitted Properties in the Village

4 - 5

1. ANNOUNCEMENT OF EXIT SIGNS

2. PLEDGE OF ALLEGIANCE

3. APPROVAL OF MINUTES:

6 - 12 _3.a _{Regular Meeting - February 18, 2020}

4. DEPARTMENT REPORTS

4.1. LEGAL

4.2. MANAGER

13 _{4.2.a Manager Report March 2, 2020}

4.3. TREASURER

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No Report

4.5. FIRE

No Report

4.6. POLICE

No Report

4.7. MAYOR’S ANNOUNCEMENTS

4.8. COMMITTEE & BOARD REPORTS

5. VISITORS

6. OLD BUSINESS:

19 - 22 _6.a _{Consider a Resolution to Establish a Program} For Imposing and Collecting Sewer Rents From Among All Benefitted Properties in the Village

7. NEW BUSINESS:

23 _7.a _{Consider A Resolution to Amend Section}

A210-L #3(a) Fees: Miscellaneous of the Ardsley Village Code Amending Fees for Village Residents, Village Businesses and Employees of Village Businesses

8. CALL FOR EXECUTIVE SESSION

9. ANNOUNCEMENTS

March 2, 2020 Ardsley Public Library Health & Wellness Series

March 5, 2020 Board of Architectural Review Meeting

March 8, 2020 Ardsley Multicultural, Diversity & Inclusion Committee Law Sign

March 9, 2020 Planning Board Meeting

March 10, 2020 Ardsley Public Library Health & Wellness Series

March 12, 2020 Ardsley Teen Book Club

10. ADJOURNMENT OF MEETING

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RESOLUTION SCHEDULING A PUBLIC HEARING REGARDING AMENDING

CHAPTER 165 ENTITLED “SEWERS” OF THE VILLAGE CODE

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Ardsley will hold a public hearing at 8:15 p.m., Monday, March 2, 2020, at the Municipal Building Boardroom, 507 Ashford Avenue, Ardsley, New York, to consider amending Chapter 165 “Sewers” of the Village Code.

Section One: Chapter 165 the Code of the Village of Ardsley is hereby amended to add Article III to read as follows:

ARTICLE III. Sewer Rents

165-21 Sewer Rents Required.

A. Establishment.

The owner of all premises using the Village of Ardsley sewer system or any part thereof shall be required to pay sewer rents for the payment of the costs of operation,

maintenance and repairs of the Village of Ardsley sewer system.

B. Applicability.

The sewer system for which the sewer rents are established and imposed is the entire sewer system within the Village of Ardsley as defined in section 451 of the General Municipal Law as it does now or as it may from time to time exist.

C. Setting of rates.

All sewer rent rates, charges, fees and penalties, shall be established by the Village Board of Trustees by resolution, shall be based upon the consumption of water on the premises connected with and served by the sewer system and shall be set forth in the Fee Schedule maintained by the office of the Village Clerk.

D. Payments.

Sewer rents shall be payable on the schedule set by the Village Board of Trustees.

E. Billing.

The Village is authorized to obtain the services of a third-party billing company to

generate and send out all Sewer rent bills. Such third-party billing company shall be hired by the Village pursuant to a New York State Public Service Commission approved water usage agreement. Such third-party billing company shall send such bills to the address of the property owner on the assessment rolls and such bills shall be sent on the frequency set the by the Village Board but delivery of such bills to the proper party is not

guaranteed. If the consumer does not receive a bill on or before the fifth day following the period, he or she should call the Third-Party billing company designated by the Village.

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Village of Ardsley Board of Trustees-March 2, 2020

Sewer rent bills shall be issued on the basis set forth by the Village Board of Trustees.

F. Late Payment penalties, liens and collection.

All bills for sewer rents are due and payable at the address given on the bill and the time set forth by the Village Board of Trustees. All amounts due for sewer rents will be received without penalty during the first month following the billing. Penalty shall be charged at a rate set forth by the Village Board of Trustees on all bills that remain unpaid past thirty days from the date of billing. Such penalties will be added to the bill, in accordance with the provisions of the Village Law. The Third party billing company shall send to the Village Treasurer all delinquent accounts which in accordance with General Municipal Law section 452 the delinquent sewer rents shall constitute a lien upon the real property served by the sewer system. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof. Delinquent accounts, including sewer rents and penalties shall be collected in a manner provided in General Municipal Law

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G. Sewer Rent Fund.

All revenues derived from sewer rents, including penalties, shall be credited by the Treasurer to a special fund to be known as the "Sewer Rent Fund." Monies in such fund shall be used in accordance with section 53 of the General Municipal Law.

H. This local law shall take effect immediately upon filing with the Secretary of State of

the State of New York.

BY ORDER OF THE BOARD OF TRUSTEES

OF THE VILLAGE OF ARDSLEY, NEW YORK Ann Marie Rocco

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Village of Ardsley

VILLAGE OF ARDSLEY BOARD OF TRUSTEES

REGULAR MEETING TUESDAY, FEBRUARY 18, 2020

Present: Mayor Nancy Kaboolian

Deputy Mayor Trustee Andy DiJusto

Trustee Joann D’Emilio

Trustee Steve Edelstein

Village Manager Meredith S. Robson

Village Clerk Ann Marie Rocco

Village Attorney Robert Ponzini

Recording Secretary Donna Fusco

Absent: Trustee Evan Yager

SWEARING IN OF FIREFIGHTERS: KEITH HOLLOWAY & JOE QUERALT

8:15 P.M. – PUBLIC HEARING – To consider a Resolution to override the property tax levy for fiscal year 2020-2021

Mayor Kaboolian called to order the Regular Meeting at 8:00 p.m.

I. ANNOUNCEMENT OF EXIT SIGNS

II. PLEDGE OF ALLEGIANCE

III. APPROVAL OF MINUTES: Regular Meeting – February 3, 2020

Trustee DiJusto: RESOLVED, that the Village Board of the Village of Ardsley hereby approves the minutes of the Regular Meeting of Monday, February 3, 2020 as submitted.

Seconded by Trustee D’Emilio and passed unanimously.

IV. DEPARTMENT REPORTS:

POLICE DEPARTMENT REPORT:

Chief Piccolino reported the following activities for January 2020:

- Court fine and fees - $39,340.00.

- Property Lost or Stolen - $19,800.15 (Bank fraud NYC)

- Property Recovered - $8500.00

- Alarm fines and fees - $11,320.00

- Meter collection - $3,610.20

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Village of Ardsley

Board of Trustees-February 18, 2020

- 26 UTT summonses issued

- 4 Appearance ticket issued

Other activities attended by Officers –

TRAINING

- Total training for the month of January - 360 hours

- The training consisted of SWAT, Firearms and Active Shooter

COMMUNITY POLICING

The child seat program installed 10 seats and issued 1.

Tony attended the Westchester County Youth Officers meeting – presenter was a female victim of human trafficking

We assisted in performing a lock down drill at AHS Tony attended the School Safety Meeting AHS

Community Information

Bank fraud continues to be an issue. Please make sure you check your bank statements. We have had several reports of phone scams so be mindful of it. Many of these scams are explained on our web site. If you have any questions, you can contact the police desk.

Utility companies are working throughout the Village and may affect traffic. Leave enough time for travels during high traffic times.

Lastly, I would like to congratulate Officer Daniel Tarantino who was promoted to the rank of Sergeant.

BUILDING DEPARTMENT REPORT: Mayor Kaboolian stated that the Building Department Report be accepted under submission for January 2020:

- 3 Building permits - 8 Application fees - 10 Certificates of Occupancy - 5 Plumbing permits - 3 Electrical permits - 7 Letters of Compliance - 2 Miscellaneous Total received - $3,392.00

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Village of Ardsley

Other activities –

- 65 Building inspections

- 44 Building Inspections Performed

- 4 Zoning inspections

- 1 Fire inspections

- 2 Violation notices

- 1 Warning notices

- 0 Appearance tickets

The fire inspections listed above were performed by the Building Inspector.

FIRE DEPARTMENT REPORT: Mayor Kaboolian stated that the Fire Department Report be accepted under submission for January 2020:

- 1/11/20 – Chief Lindsay in house so Friends of Library could use room

- 1/29/20 – Chiefs Lindsay, Murray and Mancini in quarters to host Battalion 14

meeting

- 1/30/20- All members participated in annual physicals

25 Calls for the Month

LEGAL REPORT: Village Attorney Robert Ponzini stated there is nothing to report other than those matters that he has ongoing with staff and stated that he is available for an Executive Session.

NO MANAGER’S REPORT FOR 2/18/20

TREASURER’S REPORT: Village Manager, Meredith S. Robson read the Treasurer’s Report for February 18, 2020:

Ms. Robson stated the bills for the past two weeks totaled as follows: From the General Fund: $116,383.09; from the Trust & Agency Fund: $5,367.61 and from the Capital Fund: $3,567.50.

Trustee D’Emilio: RESOLVED, that the Village Board of the Village of Ardsley hereby authorizes the Village Treasurer to make the following payments: From the General Fund: 116,383.09 from the Trust & Agency Fund: $5,367.61 and from the Capital Fund:

$3,567.50 Seconded by Trustee Edelstein and passed unanimously.

MAYOR’S ANNOUNCEMENTS:

- Went to WMOA Executive Meeting

- Monday and Tuesday attended NYCOM Conference in Albany

- Went over List of Legislative Priorities including AIM Funding, excluding capital costs from

the tax cap, TIPPS Funding, amending prevailing wage, most of the meetings were about the proposed Cannabis legislation and criminal justice reform; a lot of good discussion; it is important to go and have us represent there

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Village of Ardsley

- Attended WMOA Dinner in Dobbs Ferry

COMMITTEE & BOARD REPORTS:

TRUSTEE DIJUSTO:

- Attended WMOA Dinner in Dobbs Ferry; it was a very good meeting

- ASVAC answered 61 calls in the month of January 2020; we also help neighboring

Villages; we always need your help, donations or volunteer time; go to ASVAC.org.

TRUSTEE YAGER:

- Absent

TRUSTEE D’EMILIO:

- 2/27 - Library Board of Trustees meets at 8:00 P.M.; looking for a new member on the

Board; you can submit an application up to March 1st_.

- Historical Society meets on 2/25 at the Library @7:30 P.M.

- Library Book sale on 2/27, 2/28 and 2/29.

TRUSTEE EDELSTEIN:

- The Multicultural Committee and Library are hosting an event for African American

History month

- The Multicultural Committee has put out a schedule of events for the remainder of the

year; please mark your calendars accordingly.

VISITORS

- No Visitors

8:15 P.M. – OPEN PUBLIC HEARING – To consider a resolution to override the property tax levy for fiscal year 2020-2021

Mayor read the Notice on the Record

Public Comments: No public comments

Close Public Hearing

Trustee D’Emilio: RESOLVED, that the Village Board of Ardsley hereby closes the public hearing on Tuesday, February 18, 2020@8:22 p.m. to consider a resolution to override

the property tax levy for fiscal year 2020-2021. Seconded by Trustee Edelstein and passed

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Village of Ardsley

VI. OLD BUSINESS

1. Consider a resolution regarding override to property tax levy 2020-2021

RESOLUTION REGARDING OVERRIDE TO PROPERTY TAX LEVY 2020-2021

Trustee D’Emilio: RESOLVED, that the Village Board of the Village of Ardsley hereby enacts a local law establishing a property tax levy in excess of the limit established in General Municipal Law Section 3-c as follows:

Section 1. Legislative Intent

It is the intent of this local law to allow the Village of Ardsley to adopt a budget for the fiscal year commencing June 1, 2020 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.

Section 3. Tax Levy Limit Override

The Village Board of Trustees of the Village of Ardsley, County of Westchester, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2020 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Section 4. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date

This local law shall take effect immediately upon filing with the Secretary of State by the Village Clerk.

Ann Marie Rocco Village Clerk

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Village of Ardsley

Seconded by Trustee Edelstein and passed unanimously.

VII. NEW BUSINESS

1. Consider a resolution appointing New Chairman of the Traffic, Parking,

Pedestrian & Cycling Safety Advisory Committee

RESOLUTION APPOINTING NEW CHAIRMAN OF THE TRAFFIC, PARKING, PEDESTRIAN & CYCLING SAFETY ADVISORY

COMMITTEE

Trustee Edelstein: RESOLVED, that the Mayor of the Village of Ardsley hereby appoints Peter Rodwick, residing at 37 Ridge Road, Ardsley, NY 10502, as Chairman of the Traffic, Parking, Pedestrian, & Cycling Safety Advisory Committee effective immediately through

December 31, 2020. Seconded by Trustee DiJusto and passed unanimously.

2. Consider a resolution to schedule a Public Hearing to consider amending

Chapter 165 Sewers of the Village Code

RESOLUTION TO SCHEDULE A PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 165 SEWERS

Trustee DiJusto: RESOLVED, that the Village Board of the Village of Ardsley hereby schedules a public hearing on Monday March 2, 2020 at 8:15 p.m. to discuss amending Chapter

165 “Sewers” of the Village Code. Seconded by Trustee Edelstein and passed unanimously.

VIII. CALL FOR EXECUTIVE SESSION. No Executive Session.

IX. ANNOUNCEMENTS

February 20, 2020 Circle of Drums

February 25, 2020 Health & Wellness Series at the Ardsley Public Library

February 26, 2020 Zoning Board of Appeals Meeting February 29, 2020 Ardsley High School Talent Show

March 2, 2020 Health & Wellness Series at the Ardsley Public Library

IX. ADJOURNMENT OF MEETING

Trustee Edelstein: RESOLVED, that the Village Board of the Village of Ardsley

hereby adjourns the regular meeting of Tuesday, February 18, 2020 at 8:27 p.m. Seconded by

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Village of Ardsley

X. NEXT VILLAGE BOARD MEETING: Monday, March 2, 2020 at 8:00 p.m.

Respectfully submitted,

Donna Fusco Recording Secretary

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Village of Ardsley Board of Trustees Agenda-March 2, 2020 MANAGER’S REPORT 3/2/2020

1. BUDGET PROCESS: I am working my way through the 2019-20 budget and capital plan. I have received all information from the departments and am still working through my recommended budget figures. As you know, I am required to have the tentative budget

completed and filed with the Clerk by March 20th_{. We are currently anticipating the}

following budget work session dates: March 23 and March 26; if needed, April 13. 2. HEATHERDELL ROAD GUIDERAIL PROJECT: We are working with the engineer to set bid

and award dates for this project. We do not expect to begin this work until the completion of the school year, but we need to get into the schedule for a contractor.

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Page 15 of 23

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Village of Ardsley Board of Trustees Agenda- March 2, 2020

Introductory Local Law

A LOCAL LAW TO ESTABLISH A PROGRAM FOR

IMPOSING AND COLLECTING SEWER RENTS FROM AMONG ALL BENEFITTED PROPERTIES IN THE VILLAGE

RESOLVED, that the Village Board of the Village of Ardsley hereby enacts a Local Law to establish a Program for Imposing and Collecting Sewer Rents from Among All Benefited Properties in the Village.

A LOCAL LAW amending Chapter 165 of the Code of the Village of Ardsley to provide a program for more equitably distributing the costs of owning, operating and maintaining the sanitary sewer system to all real property within the Village.

BE IT ENACTED by the Board of Trustees of the Village of Ardsley as set forth herein: SECTION ONE: The Code of the Village of Ardsley is hereby amended by adding Article III to Chapter 165 entitled “Sewer Rents” as follows:

ARTICLE III Sewer Rents

§ _ _ _-1. Purpose; authority.

The purpose of this Article is to more equitably distribute the cost of owning, operating and maintaining the Village of Ardsley sanitary sewer system by allocating such expenses among all properties in the Village that use the sewer system. Pursuant to the authority derived from Article 14-F of the General Municipal Law, the Village of Ardsley hereby creates a program for establishing and collecting sewer rents as a means of funding the costs associated with the Village of Ardsley sewer system. Such program shall consist of annual charges against all properties that use the Village’s sanitary sewers. The sewer rents as provided for in this Article shall be segregated into a special purpose fund and applied toward defraying the cost of operation, maintenance, upkeep, repair, replacement and otherwise improving the sewer system.

§ _ _ _-2. Sewer Rent Program.

A. Establishment.

The Village of Ardsley hereby establishes a sewer rent program. All sewer rent shall be used by the Village for the expense of operation, maintenance, repairs and improvements to the Village sewer system. The record owner of all real property using the Village sewer system, or any part thereof, shall be liable to the Village for the payment of sewer rent notwithstanding that said

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property owner may charge a fee or seek reimbursement from a lessee, licensee or other occupant of the real property. The failure to collect fees or obtain reimbursement shall not be a defense to the property owner’s absolute obligation. All sewer rents and penalties shall be a charge against

the property for which the property owner and any successor in interest shall be liable.

The Village Board shall have the authority by resolution to promulgate rules and procedures, and make revisions thereto, for the efficient administration and operation of the sewer rent program. Such rules and procedures shall be made available to the public as with any record of the Village.

In the event water consumption to a particular property is not indicative of equivalent usage of the sewer system, the Village may establish a procedure for consumption evaluation and make adjustments for good cause shown on a case-by-case basis.

B. Applicability.

The system for which the sewer rents are established and imposed is the entire sewer system within the Village of Ardsley as defined in Section 451 of General Municipal Law as such system does now or as it may from time to time exist.

C. Setting of Rates.

The initial sewer rent rate and any later adjustments shall be (i) based upon the consumption of water on the property connected with and served by the sewer system and (ii) established in accordance with Section 452 of General Municipal Law by a resolution of the Village Board of Trustees following a public hearing on notice. Once established, the rent rate shall be set forth in the Fee Schedule maintained by the office of the Village Clerk.

D. Payments.

Sewer rents shall be payable on the schedule set by the Village Board of Trustees pursuant to its authority to promulgate rules and procedures.

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Village of Ardsley Board of Trustees Agenda- March 2, 2020

Sewer rent bills shall be issued on the basis set forth by the Village Board of Trustees pursuant to its authority to promulgate rules and procedures. The Village is authorized to obtain the services of a third-party billing company to generate and send out all Sewer rent bills. Such bills shall be sent to the address of the property owner as set forth on the assessment rolls and at a frequency and in accordance with a billing period set the by the Village Board. Delivery of such bills to the proper party is not guaranteed. If the property owner does not receive a bill on or before the fifth day following the end of each billing period, the property owner will be provided with contact information of the third-party billing company designated by the Village.

F. Late Payment penalties, liens and collection.

All bills for sewer rents are due and payable at the address given on the bill and the time set forth by the Village Board of Trustees. All amounts due for sewer rents will be received without penalty during the first month following the billing. Penalty shall be charged at a rate set forth by the Village Board of Trustees on all bills that remain unpaid past thirty days from the date of billing. Such penalties will be added to the bill, in accordance with the provisions of the Village Law. The Third party billing company shall send to the Village Treasurer all delinquent accounts which in accordance with General Municipal Law section 452 the delinquent sewer rents shall constitute a lien upon the real property served by the sewer system. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof. Delinquent accounts, including sewer rents and penalties shall be collected in a manner provided in General Municipal Law Section 452(4).

G. Sewer Rent Fund.

All revenues derived from sewer rents, including penalties, shall be credited by the Treasurer to a special fund to be known as the "Sewer Rent Fund." Monies in such fund shall be used in accordance with section 53 of the General Municipal Law.

H. Sole Exemption.

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I. Agreement with water source.

The Village has received authorization from the New York State Public Service Commission (Matter Number/Case No.: 19-01610) to contract with the water source to utilize its water consumption data and provide any other services necessary to administer this Article.

J. Severability.

Should any section or provisions of this Article be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalidated, such judgment shall not affect, impair or invalidate the remainder of this Article, and it shall be construed to have been the legislative intent to enact the local law without such unconstitutional or invalid parts therein.

SECTION TWO: Except as provided for herein, all other provisions of Chapter 165 shall

remain the same.

SECTION THREE: This local law shall take effect immediately upon compliance with filing and publication as required by applicable law, including filing in the Office of the Secretary of State.

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Village of Ardsley Board of Trustees Agenda –March 2, 2020