Board of Trustees

Village Board of Trustees 03-25-2014 P a g e | 75 THREE THOUSAND TWO HUNDRED SECOND REGULAR MEETING Rutherford Hall Village Hall March 25, 2014 A regular meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, March 25, 2014 at 8:35 P.M. Present were Mayor Steves, Trustees Brodsky, Eisenman, Lee, Mark, Martin, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Treasurer McClure, Village Clerk Conkling, Assistants to the Village Manager Azrelyant and Goodwin, and Administrative Intern Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of March 11, 2014 were approved on a motion entered by Trustee Eisenman, seconded by Trustee Mark, and carried unanimously. ******** Bills & Payroll Trustee Stern reported that he had audited the Abstract of Claims dated March 25, 2014 in the amount of $977,314.45 which includes $39,785.18 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and he moved that such payment be ratified. Upon motion duly made by Trustee Stern and seconded by Trustee Mark, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated March 25, 2014 in the amount of $977,314.45 is hereby approved. ******** Mayors Comments Mayor Steves thanked the Scarsdale Forum for providing their report on the Budget. He stated that he has spoken to the President of the Forum and they will arrange to have a meeting with the staff and the members of the Forum that put the report together. There are a number of issues that have been addressed that he will not take the time to address Village Board of Trustees 03-25-2014 P a g e | 76 them. He again thanked the Forum for not only the work that they have done, but for their efforts in getting the report to the Village as soon as possible. Mayor Steves then stated that he and Trustee Mark and Trustee-Elect Pekarek attended a Greenacres New Residents on Sunday. He stated that he mentions this mainly because a number of people approached him and asked how they could get more involved in the Village. One of the people that approached him is a resident that grew up in Scarsdale and came back and lives in Greenacres; he wants to be more involved. Mayor Steves stated that he met one young woman who informed him that she kept calling Village Clerk Conkling about getting involved on the Board and Councils. Ms. Conkling told her how to apply and now this woman will be appointed to one of the Councils. It is a very exciting time for the Village – the young families are moving in and they are looking to be involved. Mayor Steves urged all of the community watching the meeting this evening, share your involvement with the community with your new neighbors and give them examples of how they can be part of the community. Invite them to be part of the community; it is vital going forward to maintain the volunteerism we have in Scarsdale. ******** This evening marks the last Board meeting for Trustee Eisenman and Trustee Mark. It is the tradition of this Board to take time out to extend our thoughts on the service that they provided and for them to provide their thoughts on the people that they have served with. It may come across as a ‘mutual admiration society’, but he stated that he would like to focus on why perhaps it is that. What you will hear this evening is an expression and exchange of thoughts about the service that people have rendered. As this community looks to the people that they have elected to office, they should be proud and comfortable that they are well represented. He stated that he hoped the community would listen to the comments made this evening and the context. The comments are genuine and heartfelt; however, more importantly they are reflective of an assessment of people taking their time and energy to serve on behalf of the community. Mayor Steves presented Trustee Eisenman and Trustee Mark with gifts of engraved silver plates on behalf of the Village and its residents in appreciation of their service. ******** Board Comments Mayor Steves stated that Board members will make comments in reverse order of seniority. Village Board of Trustees 03-25-2014 P a g e | 77 Trustee Stern: “I’m a freshman Trustee having served for one year. The one thing I appreciate about my fellow Trustees is the enormous amount of time, energy and dedication and devotion to the things that go on in the Village at great sacrifice to their families, and of their own time. It seems sometimes that it is an endless job; it’s done all in good faith with the goal of making Scarsdale one of the preeminent places to live in the country – its school system, its parks, its recreational facilities – this doesn’t happen by accident. We have an extraordinarily hardworking staff and an extraordinarily group of hardworking people who are dedicated to doing this. They are elected, and I can tell you it is a challenging job. I think every resident in the Village should give accolades to the Trustees, the Village Manager, and all the Village staff. In particular, we have two people who are retiring and I’ve gotten to know very well over the past year: Trustee Mark is one of the most diligent, careful analysts of all the issues that come before this Board of Trustees. He prepares extensive briefs, and gives extensive thought to all the issues that come before this Board. And he presents it in a balanced way, always having the Village and its residents in mind, and it’s very selfless. So I would like to just thank him very much for his four years of incredible work for all the residents of Scarsdale. And Kay Eisenman is no less; Kay Eisenman is an incredible person as Trustee Mark is in her analysis of the issues. She often comes without any prejudgments and she analyses the issues, she thinks of all the ramifications, all the possibilities, all the impacts on all the people, and she always comes up with very good solutions and very thoughtful ideas. She is a big proponent of green, parks, and sustainability. I think it is a credit to Scarsdale that we’ve had both Jon and Kay serving this Village and Town. So I want to thank them very much, it has been an honor working with you and I hope you continue to work for the Village in other ways. Thank you both very much.” Trustee Martin: “Bill, as usual, you nailed it. Both are quality leaders as far as I’m concerned. My family moved here in 1947, my wife’s in 1942, and I’m hard pressed to think of anyone who could be better than what you two have been. Both of you are blessed with a wealth of experience in all aspects of the many committees and organizations in Scarsdale. I’m very impressed by that. In addition you were able to convert that to workability if you will, that is to say how you apply that knowledge and you’ve been very good at that. And all of that good work allowed me to come up to the curve because I, too am a freshman at this. As a new Trustee, I came up the curve a lot quicker because of you two. Both are role models in the way that you ran any number of committee meetings, demonstrating patience, while being sensitive to some very cranky members of community who really needed to be heard, Village Board of Trustees 03-25-2014 P a g e | 78 who wanted to be heard, and you both were very gracious. Kay ever the lady, and Jon ever the gentleman. I was also impressed with the incredibly broad technical knowledge that you both had; maybe it’s because of your work experience, I’m not sure, but whatever it was it was terrific. So I, too, thank you, I think you did a phenomenal job. I’m going to miss you both. It was a pleasure and an honor working with you. Thank you very much.” Trustee Lee: “Kay, I will begin with you. Getting to know you has been one of the true pleasures of serving on the Board. Early on I recognized your kind and gentle nature and your firm conviction in doing as a Board what is best for Scarsdale. As I came to know you better, and listened to your contributions to our discussions, I came to appreciate your calm voice of reason and integrity, your respect for fair process, and your excellent judgment. Equally apparent has been your steady and informed encouragement of Village and resident practices that would benefit our environment and our precious Village greenery. You’ve been the key voice on the Board in this area. We regularly see and hear confirmation of your important work in this environmental arena - from the progress being made in our Village’s leaf mulching effort to the laudatory comments made about your valuable contributions from our Village organizations focused on making Scarsdale more environmentally sensitive. Kay, I feel fortunate for having been able to work with and learn from you and to now call you my friend. And Jon, from the very start of my term on the Board, in fact, from even before I began, you showed me the kind of person you are. The three of us, Kay, you and I, as Village Trustee candidates were to participate in a debate sponsored by the League of Women Voters. In preparation for the debate, you prepared for all three of us what was at least a ten page outline detailing the major issues of the day. From this first experience with you Jon, I came to see you as generous with others in sharing your knowledge, prolific in turning out relevant materials, someone possessing a powerful command and memory for the issues and a person capable of understanding and presenting issues in an insightful and organized fashion. In the two years during which we’ve served together, and I’ve come to know you better, those same descriptors have continued to apply, but to them have come others especially to my recognition of your exceptional conscientiousness in your preparations, for understanding the issues we are about to address, and your dedication to our goal as Trustees to doing the very best we can for our Village. All of these traits have served you and our Village so very well and nowhere better than in the extremely challenging work involving the proposed development referred to as 2-4 Weaver Street. Your efforts in developing compromises between the developers wants on the one hand, and our desires as a Board to protect residents in the area on the other were nothing less than outstanding as were your efforts in keeping constant and open communication with those residents and putting many of their ideas into those compromises. In short, you have been an exemplary Trustee, Jon and all of us on the Board and in the Village are indebted to you for your invaluable services.” Village Board of Trustees 03-25-2014 P a g e | 79 Trustee Brodsky: “Kay Eisenman has been the quintessential public servant in Scarsdale, and most especially during her four years on the Village Board. Kay and Shelly have lived in Scarsdale for over 30 years. She has worked as a planner for Westchester County for more than two decades. She has served the Village in many roles, including chairing the Board of Architectural Review. When I first met Kay three years ago, I quickly learned that she is a fountain of knowledge about the Village and the larger community of Westchester County. She has thoughtful opinions about issues, and she derives those opinions from her unending willingness to study, to listen and to learn. Kay has been a wonderful Trustee, for many reasons, among them that she is clear headed, fair-minded, and very good with people. When Superstorm Sandy struck, Village streets were blocked, leaving residents without heat or power for up to two weeks, and tempers were pretty frayed. At a nighttime community meeting held at the library, Kay's intrinsic empathy cut right through the tension and calmed things down. That evening, eight or nine days into the storm's aftermath, Kay took the microphone and shared her own story. She still didn't have power. A large tree on her property had fallen and blocked her driveway and her road, and it hadn't been removed because Con Edison hadn't come to her street yet, just as they hadn't come to most streets in the Village. Some people were inclined to want to blame the Village for the slow response to the cleanup. Kay's quiet voice asking people to be reasonable defused so much tension because her words and her demeanor reminded people that the Village Board is first and last just a group of neighbors among other neighbors. Kay demonstrated exactly the same calm balance a few weeks ago when the Village Board was called upon to decide the Homestead Tax Option. Whether to increase property taxes on the residents of the Christie Place condos was a very controversial issue accompanied by strong advocacy for and against the issue. Kay cut right through the arguments when she explained her reason for voting against the Homestead provision. She said she understood what the law allowed, but whether or not raising the taxes was legally permissible, it felt wrong and unethical, and she could not support doing so. Getting to the heart of an issue is a gift. Doing so with balance and empathy the way Kay does is an art. Kay has had a tremendous influence on sustainability in Scarsdale through her active support for the CAC and the Friends of the Parks, and her leadership in instituting leaf mulching in the Village. We have a Village in a park in very large measure because of people like Kay who watch over our greenery. Village Board members are elected at large, meaning we are elected by and represent the whole Village, not any one neighborhood or area. I can't think of anyone who is or could be a better representative of all the people than Kay with her careful, inquiring mind, her deep knowledge of Scarsdale and Westchester, her concern for the well-being of her Village Board of Trustees 03-25-2014 P a g e | 80 neighbors, and her commitment to doing what is right. I will end by repeating what I said at our dinner earlier this evening, Kay, I will miss your quiet wisdom every day. I am so reluctant to say goodbye to Jon Mark as a Village Trustee because I have a hard time imagining the Village Board without him. Jon grew up in Scarsdale, he and BK have raised their family and made their home here, and Jon's love of the Village is a defining part of his personality and his role in the community, and in particular his service on the Village Board. I often think that being a Board member is a perfect job for a nerd. We get to think in detail about big and small issues ranging from how many minutes a quarter should buy in a parking meter, to how to maintain the essence of the Village in a sluggish economy. I mean this as a very great compliment when I say that there is no bigger nerd than Jon. He thinks about issues more deeply, reads documents more carefully, and explains his positions more thoroughly than absolutely anyone I can imagine. Jon's diligence has made everyone else's job on the Board easier because we have relied upon him to be both a forward thinker and a backstop on every issue that we address. Jon is also a master of the process of involving the community in the Board's decision making. He has skillfully navigated many different and complicated public meetings over controversial issues, always respectful of all participants and completely committed to ensuring that the Board's work is thoroughly vetted and fully transparent. And although Jon has been an effective leader in many projects the Board has undertaken, his leadership is only a part of his contribution. His energy and focus encompassed all aspects of the Board's work, whether he was leading the charge or not. Personally, I have learned so much about the Village and about being a Trustee from working with Jon. I am both individually grateful to Jon and grateful as a representative of the whole community for Jon's extraordinary work. I would like to say that the rest of the Board is ready to step in and fill Jon's shoes as his term ends, but I think he is actually irreplaceable. Jon, I will miss serving with you and giving you a ride home after meetings.” Mayor Steves: “Doing this job is all about the people. Most of the time it is about all of the people. But sometimes it’s about the individual people. The people who make it worthwhile, the people who inspire, the people who help, the people who point out your mistakes, the people who help you correct your mistakes, and these are two of the finest people who have provided that support for all of us here and for the community. Those thinking of volunteering, I tell you it is a way to get to know great people, and these are great people. Village Board of Trustees 03-25-2014 P a g e | 81 I have said earlier this evening, Kay is a quiet person. And note that you often find yourself listening just that more intently to the softer voice, the quiet voice. And had I not put the distractions aside and listened to that voice, I can’t explain all the wisdom I would have lost, the opportunities I would have missed. The highest compliment I would hope I can pay you Kay, is I listened. I let your thoughts ruminate as I had to make my decisions because they were good thoughts, they were worthy thoughts, and they were objective and well thought out thoughts. I thank you so much for that role. Almost like a conscience, like a quiet voice that asks you to make sure you thought about everything before you make difficult decisions. I will indeed miss pouring the water for you. I do hope you stay involved in the community, I’ve got some ideas. Jon, Edgar Allen Poe said that there is eloquence in true enthusiasm. If so, you may be one of the most eloquent people that I know. You bring an enthusiasm to this job and it’s not a frivolous enthusiasm. It is gusto, it is energy, it is a recognition that when you assume this responsibility you must bring to it all the physical and mental, and indeed spiritual strengths that you may have, and you have indeed done that. You have been the Deputy Mayor and I have relied on your thinking and your judgment, I hope sufficiently enough. I’ve enjoyed the phone calls back and forth during both of our workdays as we exchanged ideas. Again, as I’ve said to Kay, I listened. I hope things that we’ve done reflect that. I’ve had the privilege of serving this community for a number of years, and Jon is a prime example of what it means to be a Trustee, what it means to represent the community. I hope that people have had an opportunity to see what he’s done and to see the standard. I’m very delighted at our new Trustees, but may I assure you that the bar has been set very high. Jon, I’ll miss our calls, I’ll admit calling you Mr. Deputy, and again I have ideas, I would hope you would continue to work in the community. All the very best.” Kay Eisenman: “These have been eventful years and years of great personal growth for me, and I have gotten to know many wonderful people who served on the Board as well as the staff who are always nothing short of miraculous in their ability to grapple with all the problems the Village faces every day. I feel that you have all become friends as well as colleagues, and even though I will be happy to have some more time for myself and my family, I will miss our evenings of great collegiality and sometimes fun, that we have shared over these years. First I want to acknowledge our wonderful Mayor Bob Steves, with whom I have so enjoyed serving, first as a Trustee and now as our Mayor. You all know how terrific he is, and he is one of those Mayors about whom I would say that it’s a shame we have term limits because two years is just too short a time for him to be in office. Bob, thank you for all you have done, and for all the paper cups of water you poured for me. And now my colleague Jon Mark, whom I met four years ago. Jon has been a stellar guide in leading us through the intricacies of all the problems we faced, not least of which is 2-4 Weaver Street while working with both the developer and the Heathcote Coalition to Village Board of Trustees 03-25-2014 P a g e | 82 bring this project forward. I believe his good guidance will continue to provide a model for how to make the unpalatable more palatable. Jon has the quintessential lawyer’s mind in that he can dissect an issue to its essentials, understand its details and shine a bright light into the dusty corners of the knottiest problem. Scarsdale is lucky to have had him for these last four years and I hope we will have the opportunity to see him in a leadership position again. It’s been a pleasure working with all of you…Stacey Brodsky, a passionate speaker with well-reasoned ideas and incisive arguments, you don’t want to get on the wrong side of Stacey when she has a keenly held opinion. I always enjoyed our interactions and hope they will continue. David Lee, quiet, logical and delving deep into all issues, a gentle man who is also a gentleman, David takes his time to formulate ideas and they are always worth waiting for. Bill Stern, a force of nature, he has the ability to bring levity to very serious issues while still taking them seriously. Bill is not afraid to speak his mind and it’s a very fascinating mind. His fresh approach to issues makes a lot of good sense even if he doesn’t always color within the lines. And Tom Martin, a man with good common sense and practical knowledge. A pragmatist who doesn’t mince words but who has strongly held ideas along with an unfailingly courteous manner. Tom is truly a man for all seasons. With such a collection of sagacity, I would like to say that I will miss you all and that I hope that our paths will cross at many times in the future. Thanks to the Mayor, to Al, Steve and to all the hard working staff at Village Hall as well as to my fellow Trustees, past and present, and my patient husband Shelly, who may not have seen much of me during the week but at least could always count on seeing me on TV every other Tuesday evening. Thank you and goodnight.” Trustee Mark: “As I attend this final meeting as a Village Trustee, I would like to thank the residents of the Village and particularly the Citizens’ Nonpartisan Committee for giving me an opportunity to serve on the Village Board. It has been an enlightening, interesting experience in which I came to appreciate how well our Village is run by our professional Village staff and how much time and effort is put in by resident volunteers, including my fellow Board members, in contributing to that overall effort. We have just come from a dinner that is something of a Board tradition at which, among other things, I let the Mayor and my fellow Board members know how highly I think Village Board of Trustees 03-25-2014 P a g e | 83 of them and of what a pleasure it has been to serve with them on this Board. I would like to share some of my remarks with those residents who are here or may be watching on cable. Trustee Martin – Tom, we grew up in Scarsdale at the same time, but it took more than sixty years and the Scarsdale nonpartisan system to bring us together. I am glad we met. You have brought both your imprinted memories of the Scarsdale we knew growing up and your business acumen to the issues coming before the Board. You were determined to ask the hard questions as we went through the budget process in the spirit of finding answers to the economic challenges the Village and its residents face. In addition, you took up the reins as Chair of the Board’s Personnel Committee duties and quickly worked your way to an efficient process for re-populating the Boards and Councils that are an important source of resident input to the Trustees. It was high time we got together and I look forward to seeing the fruits of your efforts on the Board in the years to come. Trustee Stern - In recent years, some have suggested that it might be beneficial if the Village Board membership included a resident with a scientific and particularly, a technological background. Bill, you have exceeded expectations in fulfilling that slot. A world-class PhD electrical engineer, as well as a successful businessman, you bring your knowledge of state of the art technology and a no nonsense practical approach to a variety of issues that come before the Board. Whether it is successfully advocating for new equipment for the Cable TV Commission, or lending your enthusiastic voice to conservation and sustainability efforts for the Village your forceful manner laced with humor makes you an effective contributor to the work of the Board. It has been a pleasure getting to know you and I look forward to seeing the end products of your contributions in the years ahead. Trustee Lee – David, we also grew up in the Village at the same time. And I am similarly glad we finally met and had the opportunity to work together. You bring your legal analytical skills and a willingness to wrestle with details to bear in considering Board issues generally and in particular the proposed Village Code amendments this Board has focused on during our tenure together. Your care in considering all sides of an issue, in listening to points raised by fellow Board members, Village staff and Village residents is a key asset you bring to the work we do. You are also able to articulate your views in a clear, understandable manner that is critical to the transparency of the Board process. I greatly enjoyed working on the Board with you David and am confident that you will continue to make meaningful contributions to its work during your second term. Trustee Brodsky – Stacey, where to start? Your deep concern for the Village comes through in every Board task you take on. From land use issues, historic preservation concerns, Personnel Committee decisions, Finance Committee budget analysis and advocating for the Library for which you serve as Board liaison you have an ability to get to the heart of an issue and pose a solution that will work. You are always willing to listen and are not afraid to be persuaded to a point of view other than the one you may have started with. You have an ability to present your conclusions clearly and succinctly and are always willing to assist me in making sure I did the same on matters for which I carried the laboring oar. Your hard work on this Board and the contribution to the Village that it represents Village Board of Trustees 03-25-2014 P a g e | 84 cannot be overstated. You have been a wonderful colleague and I will miss our collaborations when I depart. Trustee Eisenman – Kay, we met in the third floor conference room on a Sunday in 2009. You emerged from the meeting room having just presented yourself to the Citizens Nominating Committee and I was about to head inside. You wished me good luck. As luck would have it, we wound up serving on the Board together. Your long-term residence in the Village, your expertise in urban planning and the local knowledge you gained serving on the BAR, including two years as Chair and your service as Chair of the Conservation Advisory Council, have allowed you to make important contributions to the work of the Board. Your oversight of various storm water projects as Chair of the Municipal Services Committee and your tenacious advocacy for mulching leaves in place have provided critical support for these projects. While there is still much work to be done in these areas, it is clear to me that without your contributions, the Village would not have made the progress it has in these areas. It has been a pleasure working with you and I wish you all the best in your future endeavors. Mr. Mayor -- Bob, you are the model of a Scarsdale volunteer. Having served seven years on the School Board, including one as its president, in the ‘90s, to devote five—going on six years—to the Village Board is an example of Village volunteer service only a few residents can match. If that were not enough you also found time to serve as president and treasurer of the Scarsdale and Edgemont Family Counseling Service, president of the Greenacres Neighborhood Association, chairman of the STEP program, chairman of IHM’s School of Religion and chairman of the Scarsdale Bowl Committee. With all that volunteer experience under your belt you know, above all, how to set a tone for openness, fair consideration of competing points of view and a commitment to getting things done. You lead by example. Your energy and commitment to Village life are a model for us all and it has been a pleasure getting to know you and working with you over the past four years. The Village is lucky to have you. I would like to take this brief time to address a broader subject in light of my experience over the past four years and express my thoughts on our non-partisan system embodied in part by this Board. Since the early 1900s Scarsdale residents have run municipal government on a non- partisan basis. While dissatisfaction with that approach is expressed from time to time, the overwhelming evidence is that our Village is very well run as reflected by the continuing desire of almost half our residents to remain here long after their children have completed school, and by the arrival of new residents. The very able Village staff keeps things running day-to-day and I see no basis for concluding that, a partisan system of electing officials overseeing Village staff work would improve how the Village staff carries out their day-to- day duties. What the Mayor and the Village Board do in general terms is to oversee the staff; establish spending priorities through the budget process; appoint residents who volunteer to Village Board of Trustees 03-25-2014 P a g e | 85 the various Village Boards and Councils; and focus on areas of resident concerns and consider how improvements might be made. What the non-partisan system supports is the very strong Board principle that when acting, Board members must consider the interests of all residents when deciding on a course of action. The ability of the Board to approach issues without the pressures of partisanship gives it the freedom to balance competing concerns in exercising its judgment on the matters before it. It does not mean that the Board is always right. It does not mean that every resident is happy with every Board decision—we receive regular reminders from residents that some are not happy with Village operations or decision-making. However, it does mean that every resident who wishes to voice an opinion to the Board is heard and his or her comments are weighed in the balance. That openness of approach – the willingness to hear all sides of an issue -- is not something that I am convinced a partisan system would produce, much less improve. Another benefit of our system is that there are no barriers to entry. Almost any resident can participate by simply investing the time and effort to do so. Many take advantage of the opportunity and more should. Board members are your neighbors and the issues that the Board addresses are issues for all of us in the Village. The community interests Board members share with all residents is one of the strengths of our system. What could we all do better? Perhaps more broad-based participation in the municipal side of Village life. There are 17 municipal Boards and Councils staffed by residents who volunteer their time and effort to decide and/or advise on a variety of Village- wide issues. Approximately 130 residents give unselfishly of their time usually after full days of work and attending to their families in serving on these bodies. In addition to that formal commitment, over the course of the year, residents appear before this Board to express their views on Village issues. Also, the Scarsdale Forum and League of Women Voters provide important input in the form of generally well prepared written reports that this Board considers on budget and other issues. Still, with all this feedback, I for one have struggled with the issue of how best to get a sense of what residents really want in terms of service. Input from approximately a few hundred residents out of a Village of 17,000 is, at least on a numerical basis, seemingly not a lot of feedback. And perhaps that is how it should be when things are running smoothly. But on the one hand, it is easy to know that residents want smooth, pot-hole free streets and to be unburdened by the threat of flooding during major rain storms. On the other hand, concern about over-development of the Village is a harder concept to put into effect. It is appears that some residents would like Scarsdale placed in a bubble, to be preserved for all time as an example of 20th century suburban life. These views are easily perceived as they come from an ardent, vocal—but relatively small number of residents. Where it gets more difficult is in balancing the potential cost of addressing that concern against the rights of property owners – old and new. Residents weigh in in larger numbers when there is a crisis, but other than that we tend to hear from a core group of dedicated followers who sometimes reflect only one side of a particular issue, leaving the Board to guess at what residents might say on the other side. Village Board of Trustees 03-25-2014 P a g e | 86 The time for making tough decisions and tough choices is now upon us. We have substantially completed the budget process for fiscal year 2014-2015. The proposed budget and those for future years will be molded by pressures driven by general economic pressures and the desires in Albany to force municipal consolidation through fiscal discipline. The State has tried to impose discipline through the misleadingly labeled property tax cap, among other things. It is misleadingly labeled because it is not a cap at all. It is an aspirational target designed to put pressure on local spending on municipal services and schools while ignoring other significant factors that cause property taxes to increase – namely, state mandated payments for pension and health benefits that are exempted from the tax “cap” calculation. As a result of these pressures, we will increasingly be required to decide what sort of Village we want and more importantly what we are willing to pay for. The choices made will directly and visibly impact the nature of life in this Village. The Village staff and the Village Board are tasked with making those choices and doing so will be difficult. While it won’t make the decision-making easier, having broader-based community input on what expectations are going forward would contribute greatly to making those choices both thoughtful and when made, better explained to residents generally. So my parting suggestion is for residents to speak up in a thoughtful, civil and constructive manner. Volunteer to serve on the Boards and Councils, or join the Scarsdale Forum and League of Women Voters if you wish to have recurring input. If that is not practical, an opportunity for public comment on any Village issue is a part of every Village Board meeting held on the second and fourth Tuesdays of every month. Hearing your voices in these ways can only help the Village in navigating what will surely be difficult years ahead. One final comment on a personal note: I would not have even walked through the door at the first Citizens Nominating Committee meeting I addressed had it not been for the support and encouragement of my wife BK Munguía. The awareness that some CNC members had of her hard work in a variety of Village-related matters over many years were the coattails that gave me at least some creditability as a potential nominee. So BK, I thank you for creating the opportunity to serve our community and for your steadfast support of over the past four years. Again, my thanks to the community for allowing me to serve and my best wishes to my fellow Board members, to the Board members-elect Marc Samwick and Deb Pekarek, who are here this evening and to all my neighbors for the years ahead. And with that, Mayor, we should turn to the Board business at hand. ******** Managers Comments None. ******** Village Board of Trustees 03-25-2014 P a g e | 87 Public Comment Susie Rush, President, League of Women Voters of Scarsdale, made the following statement: “Good evening. My name is Susie Rush, and I am president of the League of Women Voters of Scarsdale. On behalf of the League, I’d like to extend our sincerest appreciation to outgoing Trustees Kay Eisenman and Jonathan Mark. Trustee Eisenman, your service on the Board has been a continuation of your long years of service to the Village, including as chair of the BAR and the Conservation Advisory Council. You have been an enormous asset to the Board, bringing your vast knowledge of the Village and a deep, genuine sense of caring and imparting your invaluable expertise in land use and environmental planning. With a quiet, gentle manner, you have provided sound guidance in stormwater management and vital leadership in sustainability issues. We are grateful to you for your steadfast efforts to make us a community of leaf mulchers and for continually encouraging us to explore ways to improve the quality of the environment in Scarsdale, including through consideration of the establishment of an open space preservation fund. Trustee Mark, we have been the beneficiaries of not only your legal background but also your ease with financial matters. You are a quick study on issues that come before the Board, whether it is a rough back-of-the-envelope calculation of the impact on residents if the Homestead Tax Option were adopted or the number of miles of roads we can resurface with the dollars allocated in the budget, and have demonstrated a remarkable ability to find a solution to the most intractable of issues, such as 2-4 Heathcote. Your incisive questions and analyses always serve to move the discussion forward. Yet even as you look to retire from the Board, you are thinking about the future of our community and the challenges that your colleagues and future board members will be forced to tackle. We thank both of you for your dedication and unswerving commitment of time, energy and intellect to improving the quality of life for all of us.” David Irwin, President, Scarsdale Forum, stated that he was here this evening to speak with regard to two outstanding Trustees – Kay Eisenman and Jonathan Mark, who are completing their four years of service on the Village Board at the end of this month. He stated that he had the opportunity to serve with Kay and Jon during their first year on the Board and he made the observation that they hit the ground running. Not surprisingly, what has followed is three years of distinguished service as Trustees, giving thoughtful consideration to each of the many and varied issues that have come to the attention of the Village Board during their tenure. They showed great sensitivity to the needs and desires of Village residents. Village Board of Trustees 03-25-2014 P a g e | 88 Among Kay’s many contributions to the Board, she has been a tireless champion of our green spaces – our parks, open space, and tree planting program. She has been a leader in the area of sustainability including getting the Village landscapers to use mulching on Village properties. Jon has been a major contributor in many areas, certainly on the Law Committee, and more recently in the area of Land Use. He has been the major force in moving the process along in very difficult negotiations involving the proposed development at 2-4 Weaver Street. The Village has faced fiscal challenges for the entire four years that Kay and Jon have served, and they have been leaders on the Board in helping the Board with the difficult task in keeping the tax rate as low as possible each year, while maintaining services to residents and providing for other needs in the Village. Kay and Jon have provided four years of outstanding service to the community, and as the Mayor observed, they have set a very high standard of what the Trustees should be. The Scarsdale Forum joins the community in expressing its gratitude to Kay and Jon for a job very well done. Deb Pekarek, Greenacres, stated that Kay and Jon emulate the phrase “non sibi”; not for oneself, but for all. Your willingness to serve and to do so with distinction and grace is gratefully appreciated and warmly acknowledged. You are wise, incredibly knowledgeable, hardworking, patient, kind, and inspiring. Those who had the opportunity to work with you will miss your counsel, but can learn much from your wonderful and exemplary legacy and heart. Thank you very, very much. Robert Harrison, 65 Fox Meadow Road, stated that he wanted to make some comments about Kay and Jon who he served two years with. He stated that he likes to call Kay “Mrs. Sustainability”; she has put in a tremendous amount of effort in that category, all of her good work to stimulate the effort in the mulching of leaves in the Village. He stated that he knows she will be spending more time with her family, including six grandchildren, but is sure that she will continue to have time to urge the residents to mulch their leaves. If we all mulched our leaves, we might be able to save hundreds of thousands of dollars in our Village budgeting. He wished her and her husband all the best and thanked her for her tremendous service to the community. Mr. Harrison stated that he will miss Jon Mark on the Board; as a Trustee he sat with Jon in the Land Use Committee meetings regarding 2-4 Weaver Street; he stated that Jon was tremendous in the way he brought people together. The community doesn’t realize how much time is put in by the Trustees and all volunteers in the Village. He wished Trustee Mark all the best. As there were no further comments, the public comments portion of the meeting was closed. Village Board of Trustees 03-25-2014 P a g e | 89 ******** Mayor Steves stated that he has had a wonderful Deputy Mayor who has been most supportive and helpful and stated that he would like to turn the meeting over to Deputy Mayor Jon Mark to run the rest of the meeting. ******** Finance Committee Trustee Brodsky reported on the Statements of Expense and Revenue for the first nine months of Fiscal Year 2013-2014. General Fund appropriations were 69.30% spent as of January 2014, which is an increase of 2.58% from 66.86% in 2012-2013. Trustee Brodsky stated those increases largely relate to increases in employee retirement and workmen’s compensation. They really have to do with variances of when those expenses hit the budget. General Fund revenues other than property taxes are $12,887,412 through February 2014 compared to $11,656,651 through February 2013, an increase of $1,230,761. Licenses and Permit revenue improved $89,800 over last year. State mortgage tax showed an improvement of $299,700. Property rental income was up $321,300 due to a recent contract settlement with Con Edison which included the period beginning January 1, 2013. This will help offset contract cancellations with other lessees for the 2013-2014 fiscal year. Revenue from Parking Permits and Meter Revenue continues to be steady, showing an increase of $113,700. Sales Tax and Departmental Revenue improved a total of about $119,500 from last year. State aid related to Hurricane Sandy was $400,000, or $369,000 greater than last year. Additionally, the Village was finally reimbursed $101,000 from FEMA for the 2011 storm. The State aid related to Hurricane Sandy received to date was appropriated to the Capital Projects Fund in the 2013-2014 Budget. Revenue from the Sale of Equipment and other Miscellaneous Revenues dropped $206,500 largely due to a reduction in reimbursable overtime related to Hurricane Sandy. Also, last year’s revenue included $75,000 from the permanent easement related to Boulder Brook. Special Assessments and Collections of Delinquent taxes dropped $108,500 as the Village wrote off taxes related to two (2) foreclosed properties. The upside of that is that bids were received last week for those foreclosed properties and the high bid was in excess of $600,000. The actual collection of Village taxes through February 28, 2014 is at 99.13% which is up 0.12% from the prior year. ******** Village Board of Trustees 03-25-2014 P a g e | 90 Upon motion entered by Trustee Brodsky, and seconded by Trustee Eisenman, the following resolution calling for a Public Hearing on the Fiscal Year 2014-2015 Tentative Budget was adopted by a unanimous vote: WHEREAS, pursuant to § 5-508(3) of the New York State Village Law, a public hearing must be held on the Fiscal Year 2014-2015 Tentative Budget on or before the fifteenth day of April, with notice of such public hearing published in the official newspaper; now therefore be it RESOLVED, that the Village Board of Trustees herein schedules a public hearing for Tuesday, April 8, 2014 at 8:00 PM in Rutherford Hall in Village Hall to receive comments on the Fiscal Year 2014-15 Tentative Budget filed on March 18, 2014; and be it further RESOLVED, that the Village Clerk is hereby directed to publish notice of said hearing pursuant to Village Law. ******** Trustee Brodsky pointed out that copies of the 2014-15 Tentative Budget are available for review at Village Hall and at the Scarsdale Library. ******** Municipal Services Committee Upon motion entered by Trustee Eisenman, and seconded by Trustee Brodsky, the following resolution Awarding Revised Contract #1164 – Library Rain Garden Project, was adopted by the vote indicated below: WHEREAS, the Office of the Attorney General and New York State Department of Environmental Conservation established the Bronx River Watershed Initiative, a grant program managed by the National Fish and Wildlife Foundation (NFWF) using funds received from settlements, including the Village’s $78,975, resulting from violations associated with illicit pollution discharges from storm sewers into the Bronx River; and WHEREAS, utilizing the Village’s 2009 Comprehensive Stormwater Management Plan, the Village developed a grant proposal for a stormwater runoff reduction and water quality treatment project at the Scarsdale Public Library which involves the construction of four separate rain gardens totaling 1,800 square feet at the Library allowing for 90% of the stormwater run-off from the Library roofs (approximately 450,000 gallons) to infiltrate into the ground; and Village Board of Trustees 03-25-2014 P a g e | 91 WHEREAS, the grant proposal also included the installation of up to 15 catch basin filters in sub-drainage basin area BR-7 to capture floatables and remove them from the storm drain system and ultimately the Bronx River; and WHEREAS, the Village was awarded a grant contract in the amount of $247,091.50 consisting of a cash grant of $188,091.50 from the NFWF (including $163,491.50 of construction costs and $24,600 of engineering design and bid costs), Village cash match of $26,100 and Village in-kind services of $32,900, said grant agreement approved by the Village Board via resolution dated August 13, 2013; and WHEREAS, at their August 13, 2013 meeting the Board also authorized a professional services agreement with Dvirka and Bartilucci Consulting Engineers (D&B), 4 West Red Oak Lane, White Plains, New York, for project engineering services including preparation of bid documents, cost estimate and construction management for a total cost of $24,600; and WHEREAS, D&B completed the construction bid documents and cost estimate in December 2013 and on December 31, 2013, the Village advertised for the receipt of bids under VM Contract #1164 – National Fish and Wildlife Foundation Storm Water Runoff Reduction and Water Quality Treatment – Public Library Rain Garden; and WHEREAS, a pre-bid meeting was held on January 10, 2014 with contractor questions asked at the meeting resulting in the issuance of a Contract Addendum on January 14, 2014 and on the bid opening date of January 21, 2014, six bids were received with the apparent lowest bid submitted by Acocella Contracting, Inc., 68 Gaylor Road, Scarsdale, NY 10583 at a total bid of $266,600; and WHEREAS, the lowest bid received in the amount of $266,600 was in excess of the available funding, thus, the Village Board adopted a resolution at their January 28, 2014 meeting (attached) rejecting the bids and authorizing the Village Manager to re-bid and re-advertise for the stormwater runoff reduction and water quality treatment project at the Scarsdale Public Library in accordance with the New York State General Municipal Law; and WHEREAS, D&B and Village staff value engineered the scope of work and prepared the Revised VM Contract #1164 that included seven add alternatives and one deduct alternative to eliminate portions of the project that did not have an adverse impact on the environmental Village Board of Trustees 03-25-2014 P a g e | 92 benefits of the project and allow the Village to complete the project within existing funding; and WHEREAS, on February 25, 2014, the Village advertised for the receipt of bids under the Revised VM Contract #1164, held a pre-bid meeting on March 4, 2014 and issued an addendum on March 12, 2014 to address questions asked by potential bidders in attendance; and WHEREAS, on the bid opening date of March 18, 2014, seven bids were received with the apparent lowest bid received from Tony Casale Inc., 1185 Saw Mill River Road, Yonkers, NY 10710, with a bid as follows: Base Bid 1-1 $114,925, Add Alternate 1-2 $2,775, Add Alternate 1-3 $25,000, Add Alternate 1-4 $2,800, Add Alternate 1-5 $13,500, Deduct Alternate 1-6 -$3,240, Add Alternate 1-7 $19,500 and Add Alternate 1- 8 $2,500 (unit cost of $125); and WHEREAS, Add Alternate 1-8 was added to the bid to determine a unit cost for rock removal at an estimated quantity should the contractor encounter any rock during excavation; and WHEREAS, Deduct Alternate 1-6, whereby the Village would haul and dispose of the contractor’s excavated soils, was included in the bid as a potential cost savings option only if absolutely necessary, as the time necessary for Village crews to haul and dispose the soils would prohibit them from performing their normal tasks; and WHEREAS, D&B and Village staff have thoroughly reviewed the bids and met with a representative from Tony Casale Inc., who expressed a clear understanding of the scope of work and comfort with his bid; now therefore be it RESOLVED, that Base Bid Item 1-1, Add Alternate 1-2 $2,775, Add Alternate 1-3 $25,000, Add Alternate 1-4 $2,800, Add Alternate 1-5 $13,500 and Add Alternate 1-7 $19,500 of the Revised VM Contract #1164 – National Fish and Wildlife Foundation Storm Water Runoff Reduction and Water Quality Treatment – Public Library Rain Garden is herein awarded to Tony Casale Inc., 1185 Saw Mill River Road, Yonkers, NY 10710, for a total cost of $178,500 and that in accordance with Add Alternate 1-8, the unit cost for any rock removal encountered is herein established at the unit bid price of $125 per cubic yard; and be it further RESOLVED, that the costs of same be charged to Capital Budget Account H- 7497-964 2012 080G Library Rain Garden Construction; and be it further Village Board of Trustees 03-25-2014 P a g e | 93 RESOLVED, that the Village Board herein authorizes the transfer of $13,402 from the following capital budget accounts to the Revised VM Contract #1164 project account to cover roughly $900 of the construction contract, an additional fee of $3,500 to D&B for the engineering and bid document preparation and review required for the re-bid of the contract and to provide a 5% project contingency: From the following accounts: H-7497-964 2008-076 Library Roof Replacement $5,592 H-7497-964 2009-076 Library Roof Replacement $7,810 To the following account: H-7497-964 2012 080G Library Rain Garden Construction $13,402; and be it further RESOLVED, that the Village Manager is herein authorized to execute Revised VM Contract #1164 – National Fish and Wildlife Foundation Storm Water Runoff Reduction and Water Quality Treatment – Public Library Rain Garden with Tony Casale Inc., 1185 Saw Mill River Road, Yonkers, NY 10710, at the unit bid prices identified above and shall take any and all administrative acts necessary. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves ******** Police Commissioner Upon motion entered by Trustee Eisenman, and seconded by Trustee Lee, the following resolution regarding the Award of VM Contract #1171 – Furnish and Deliver Police Uniforms was adopted the vote indicated below: WHEREAS, pursuant to the collective bargaining agreement between the Village of Scarsdale and the Scarsdale Police Benevolent Association, all sworn officers in the department receive replacement uniforms on a bi-annual basis; and Village Board of Trustees 03-25-2014 P a g e | 94 WHEREAS, an appropriation of $40,000.00 is provided in the Police Department’s FY 2014/15 Tentative General Fund Operating Budget for the purchase of uniforms for the Scarsdale Police Department; and WHEREAS, the Village Manager reports that on February 21, 2014 and February 28, 2014, he publicly advertised for the receipt of bids under VM Contract #1171 – Furnish and Deliver Police Uniforms, and sent notices to four vendors; and WHEREAS, on the bid opening date of Tuesday, March 18, 2014, one sealed bid was received from Buckshollow Emergency Equipment, 15 Secor Road, Mahopac, NY, 10541, at a bid price of $36,195.39, said bid complying with the contract specifications; and WHEREAS, Buckshollow Emergency Equipment, has previously provided police uniforms to the Village and staff has been satisfied with the quality of the uniforms provided; now therefore be it RESOLVED, that VM Contract # 1171 – Furnish and Deliver Police Uniforms be awarded to Buckshollow Emergency Equipment, 15 Secor Road, Mahopac, NY, 10541, for the total bid price of $36,195.39; and be it further RESOLVED, that the cost of same be charged, to the appropriate Police Department FY 2014/15 General Fund Budget accounts pending final approval of the budget by the Village Board of Trustees; and be it further RESOLVED, that the Village Manager is, herein, authorized to execute VM Contract # 1171 – Furnish and Deliver Police Uniforms with Buckshollow Emergency Equipment, 15 Secor Road, Mahopac, NY, 10541 and take all administrative acts in accordance with the contract. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Trustee Martin Trustee Stern Mayor Steves Village Board of Trustees 03-25-2014 P a g e | 95 ******** Recreation Committee Upon motion entered by Trustee Lee, and seconded by Trustee Martin, the following resolution regarding Awarding Preferred Source Agreement – Village Properties, Applications and Special Services was adopted by the vote indicated below: WHEREAS, On January 17, 2014, a public bidding notice was advertised for VM Contract #1169 – Village Properties: Applications and Special Services; and WHEREAS, the agreement provides for specialized organic care maintenance services for athletic fields and other municipal properties, including fertilization, aerating, seeding and other organic turf applications; and WHEREAS, on January 28, 2014 the Village was notified via letter by the New York State Industries for the Disabled (NYSID) that VM Contract #1169 was advertised for bid in a manner inconsistent with New York State Finance Law, Article XI, Section 162 which mandates that a right of first refusal to supply these organic care maintenance services be provided to a New York State Preferred Source Program Vendor; and WHEREAS, the Village contacted a representative from the New York State Office of General Services who verified that in order to advance certain social and economic goals, the New York State Preferred Sources Program was created to provide certain eligible vendors “Preferred Source” status under the law. All State agencies, political subdivisions and public benefit corporations are required to purchase approved products and services from preferred source vendors in accordance with the procedures and requirements described in the Preferred Sources Guidelines; and WHEREAS, purchases for preferred source commodities or services take precedence over all other sources of supply and competitive procurement methods if the services available in the form, function and utility required by a State agency, political subdivision are met; and WHEREAS, the Preferred Sources list Section D- “Services”; identifies the NYSID as a Preferred Source provider for grounds keeping and lawn maintenance; and Village Board of Trustees 03-25-2014 P a g e | 96 WHEREAS, on February 18, 2014, the Village met with representatives from NYSID and their eligible lawn care service provider Alternative Earthcare Tree and Lawn Systems, 1 Jem Court, Bayshore, NY 11706, to determine their ability to comply with the specifications of VM Contract #1169 – Village Properties: Applications and Special Services; and WHEREAS, the Village determined that NYSID and Alternative Earthcare Tree and Lawn Systems have a clear understanding of the scope of work and can meet all requirements to perform services according to VM Contract #1169 and subsequently entered into exclusive negotiations with NYSID pursuant to the New York State Preferred Source Guidelines; and WHEREAS, the Village negotiated a one year agreement at an annual price of $48,936.06 with NYSID for the scope of services provided in VM Contract #1169 for a term commencing April 2014 and ending March 2015; and WHEREAS, the annual price exceeds the 2013 contract price by $5,485, however additional services are included for 2014 at the Memorial Gardens, Chase Park and the Pool Complex and the cost increase is justified; now therefore be it RESOLVED, that the Village Manager is herein authorized to enter into a New York State Preferred Source Agreement with the NYSID to provide the scope of services identified in said contract, in the amount of $48,936.06 for one year beginning April 2014 and ending March 2015, subject to the availability of adequate budget appropriations; and be it further RESOLVED, that the scope of services identified in the agreement will be performed on behalf of the NYSID, by Alternative Earthcare Tree and Lawn Systems, 1 Jem Court, Bayshore, NY 11706, acting as an affiliate of NYSID; and be it further RESOLVED, that the cost for the services provided in the agreement be charged accordingly to the General Fund Operating Budget Account # A- 7020-PARKS-MAINT-400 499. AYES NAYS ABSENT Trustee Brodsky None None Trustee Eisenman Trustee Lee Trustee Mark Village Board of Trustees 03-25-2014 P a g e | 97 Trustee Martin Trustee Stern Mayor Steves ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications None. ******** Future Meeting Schedule Mayor Stevens announced the following future meeting schedule:  April 7, 2014 – Committee of the Whole – Organizational Meeting – 6:30 P.M. – Trustees Room  April 8, 2014 – Land Use Committee Meeting – 6:30 P.M. – Third Flr. Mtg. Rm.  April 8, 2014 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  April 8, 2014 – Board of Trustees Meeting – 8:00 P.M. – Rutherford Hall ******** There being no further business to come before the Board, Deputy Mayor Mark requested a motion to adjourn the meeting, so moved by Trustee Eisenman, seconded by Trustee Lee and carried by a unanimous vote at 9:52 P.M. Donna M. Conkling Village Clerk