Board of Trustees

Village Board of Trustees 11-25-2014 P a g e | 358 THREE THOUSAND TWO HUNDRED NINETEENTH REGULAR MEETING Rutherford Hall Village Hall November 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, November 25, 2014 at 8:10 P.M. Present were Mayor Steves, Trustees Brodsky, Lee, Martin, Pekarek, Samwick, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Treasurer McClure, Village Clerk Conkling, and Assistants to the Village Manager Scelza and Schnabel. ******** The minutes of the Board of Trustees Regular Meeting of November 12, 2014 were approved on a motion entered by Trustee Martin, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Pekarek reported that she had audited the Abstract of Claims dated November 25, 2014 in the amount of $761,522.40 which includes $18,909.70 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 Brodsky, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated November 25, 2014 in the amount of $761,522.40 is hereby approved. Trustee Pekarek further reported that she had examined the Medicare Reimbursement/ Abstract of Claims dated November 25, 2014 in the amount of $219,115.40 which includes $15,819.20 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 Lee, the following resolution was adopted unanimously: Village Board of Trustees 11-25-2014 P a g e | 359 RESOLVED, that the Medicare Reimbursement/Abstract of Claims dated November 25, 2014 in the amount of $219,115.40 is hereby approved. ******** Mayors Comments Mayor Steves noted that the meeting this evening was started a little late because just prior to this meeting, a public meeting of the Committee of the Whole was held at 6:00 P.M. to discuss a proposed resolution to change the way the Village picks up leaves. The resolution also provides for an educational program on mulching in place. The meeting was 1 ½ hours long with Rutherford Hall being nearly full. There were a series of speakers expressing their views, along with written views in emails and letters. He encouraged residents to continue submitting their concerns as this will be a very important part of the process as to what the Board does with this resolution and what is done with the leaf pickup program. There will be a tree lighting ceremony at Boniface Circle on Friday, December 5, 2014 at 5:00 P.M. with an appearance by Santa. Mayor Steves stated that he noticed something this morning and he will address people who have asked when the Board is going to put in more plantings at George Field Park in Greenacres. Part of the South Fox Meadow Stormwater Project, the Village had promised that more would be planted as issues became clearer with the budget, and as of this morning there were new trees, bushes, and other landscaping being placed on that property. On behalf of the Village Board and the Village staff, Mayor Steves expressed sincere wishes for a very happy and safe Thanksgiving to all. ******** Manager’s Comments None. ******** Public Comments Dorothy Finger, 27 Sheldrake Road, stated that she came to the meeting this evening to talk about the leaves. She stated that this is an issue that impacts the daily lives of Scarsdale residents and she would like to address it. She did not think the Village should proceed with the plan to eliminate the existing leaf pick up procedure. She knows from good experience how important balancing the budget is and to attempt to keep taxes down, but she believes that in a way, this is a tax. Certain housekeeping for all of our residents has to be done – water, sewer, Village Board of Trustees 11-25-2014 P a g e | 360 and garbage pickup – and we do need leaf pickup. If we don’t pay for it out of the tax budget, people are going to have to pay for it. There are no two ways about it. We can talk about mulching and composting, but the fact of the matter is that people are either moving on in years and they are not going to it, or they are still working and their time and energy is limited. They will end up hiring others to do it. The cost of that is in essence a tax, probably more than what the cost per household is now in taxes. Ms. Finger asked the Board to consider not reducing the services. She has lived in Scarsdale almost 46 years and as long as she can remember from the day she bought her first house on Carman Road, one of the attractions and their willingness to pay more taxes to live here was that they felt that they were really getting their money’s worth. She added that Evelyn Stock has asked her to add her name to her speech this evening. Mona Longman, 8 Varian Lane, stated that she had a comment on the revaluation and the possibility of another proposed revaluation. She stated that she was surprised to read in the Scarsdale Inquirer about the possibility of another revaluation in 2016. As far as she is concerned, this year’s revaluation is not complete. She does not see how the Board can make an informed decision on another revaluation when this year’s revaluation is not finished. She noted that she is one of the 700+ members of the community that have filed a Small Claims Assessment Review Petition (SCAR). The process has been going on since April, she followed all the instructions, grieved her taxes in June, and nothing was changed. She filed the petition in October. As per the instructions of the Westchester County Clerk, she has called the Assessor’s office twice to make an appointment to speak to her about the assessment but so far she has not been successful. The last time she called the Assessor’s office she was told to call back in mid- December. She stated that she hoped that the Trustees would not make the decision to go through this process again until this revaluation has been fully completed. With 700+ decisions pending, in her opinion, it indicates many errors in the process made by both Tyler Technologies and the Village. She hoped that the Village thoroughly review this process so that when it is complete, the same mistakes will not be made the next time. Robert Harrison, 65 Fox Meadow Road, congratulated Mayor Steves on the Committee of the Whole meeting on leaf mulching the elimination of leaf pick up that preceded this evening’s Board meeting. He felt it was a very fair hearing and the Board heard from many residents on both sides of the issue. He was pleased that the meeting was videotaped. Any move to change the way the leaf pickup is currently done should at a minimum be phased in. There were a number of residents that made that comment and he strongly endorses it. There was a question posed as to whether there will be a need for new equipment to remove bagged leaves, and he would like to have a response to that. The other issue was that of safety and he agreed that the landscapers should not be putting the leaves in the street. He stated that he felt very strongly that the Village does not enforce its Village Code. He asked that if someone is putting their leaves in the street, what is the penalty and/or fine for that. He noted that it is very dangerous on some of the smaller streets in the Village. Warnings should be issued to those residents that they have to have their gardeners keep the leaves on the property and if not, they should be fined. Village Board of Trustees 11-25-2014 P a g e | 361 Regarding revaluation, Mr. Harrison stated that he is one of the 750 residents that filed a SCAR petition. He stated that he spoke to the Gerry Iagallo, Assessor at the Village of Bronxville. Mr. Iagallo stated that the revaluation in Bronxville was done by Tyler Technologies in 2007. They did another full revaluation in 2011. This year, Mr. Iagallo is updating their properties with whatever technique he is using. He is not spending $250,000 to hire an outside consultant to help him. He is able to do it, and we spend over $1 million to do our revaluation with Tyler Technologies. He stated that he strongly opposes any move to spend $250,000 or $220,000 over the next three years, phasing it in doesn’t make a difference. Its money that he doesn’t think should be spent. There is still a large number of residents who feel that their assessments are improper. He did not think the values in this community are going to change significantly in the next three or four years. Mayor Steves stated that the issue of revaluation is and will remain a sensitive issue in the Village. It is extremely complex. We are catching up from 1960. There is a need to better explain why we feel the need to do it again in 2016. The State money is not the motivation; we do not want to slip back to the infrequency with which we did before. We want to make sure we have a cycle and move forward. The Board will communicate with the community on this issue. In response to a question from Mr. Harrison concerning penalties and/or fines for placing leaves in the street, Village Attorney Esannason stated that the Village Code has a penalty provision that provides for a $250.00 fine per day for each day that the violation exists. That assumes that a person has had an opportunity to fully adjudicate the violation and that there is a finding of guilt by the local court. As there were no further comments offered by the public, Mayor Steves closed the public comments portion of the meeting. ******** Finance Committee Trustee Martin reported on the statements of expense and revenue for the various funds of the Village for the first five months of fiscal year 2014-2015. General fund appropriations were 34.35% spent as of October 2014, which is a decrease of 1.8% from the 36.17% in 2013-2014. General Fund Revenues other than property taxes are $6,732,312 through October 2014 compared to $7,431,511 through October 2013, a decrease of $699,200. After adjusting for the FEMA receipt of $400,292 and the Con Edison Substation lease renewal payment of $148,824 (normally due in January), revenues were down $150,084. Building Permit revenue (included in License and Permit revenue) is down about $243,000 from last year’s record pace. Please note that the 2013-2014 first quarter License and Permit revenue included a single permit fee of $196,000. The largest single permit fee for 2014 to date is $91,000. Tax penalties and delinquent Village Board of Trustees 11-25-2014 P a g e | 362 tax collections are also down as the balance of taxes and liens declined from last year. Public Utility Tax, Sales Tax, Equipment Sales, Parking Permit and Meter revenue, Miscellaneous revenue and State Mortgage tax are up an aggregate of $89,600. Recreation fees are up $149,200. Property Rentals are down $213,400 due to the aforementioned Con Ed lease payment and the cancellation of the Nextel leases; State Aid is down $399,800 since the 2013-2014 figures included FEMA aid and License and Permit revenue declined $107,500 over last year. Please note that the 2013 first quarter Licenses and Permit revenue overall declined $109,500 over last year The actual collection of Village taxes through October 31, 2014 is at 98.97% which is up 0.31% from the 2013 collection percentage of 98.66%. ******** Fire Commissioner Upon motion entered by Trustee Martin, and seconded by Trustee Lee, the following resolution regarding Service Time Extension for Captain Gerard McIlvain was adopted by a unanimous vote: WHEREAS, Captain Gerard McIlvain of the Village Fire Department has requested a one-year extension of the service time beyond the thirty (30) year service time limit established by Local Law #1 of 1970; and WHEREAS, said local law requires that the Village Board of Trustees approve said extension at least one year prior to the firefighter completing thirty (30) or more years of service; and WHEREAS, Captain Gerard McIlvain has been recommended for such extension by Fire Chief Thomas M. Cain conditioned on his passing the necessary physical examinations provided during Village Calendar Years 2015 and 2016; now therefore be it RESOLVED, that Captain Gerard McIlvain of the Village of Scarsdale Fire Department is hereby granted a one-year service time extension in the Department from January 17, 2016 to January 17, 2017, and be it further RESOLVED, that such one-year extension is conditioned on Captain Gerard McIlvain passing the annual physical examinations to be given in Calendar Years 2015 and 2016. ******** Land Use Committee Village Board of Trustees 11-25-2014 P a g e | 363 Upon motion entered by Trustee Lee, and seconded by Trustee Martin, the following resolution regarding Acceptance of a Gift – Library Picnic Tables was adopted by a unanimous vote: WHEREAS, pursuant to Policy #106: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; and WHEREAS, two outdoor picnic tables, located on the southwest corner of the Scarsdale Public Library grounds adjacent to Harwood Park, are used frequently by community members for leisure, reading and eating, said tables currently deteriorated and in need of replacement; and WHEREAS, Village staff researched picnic table options and determined that a round picnic table made of recycled plastic material would be the best replacement option due to its durability, relative low maintenance requirements and advancement of the Village’s conservation and environmental efforts; and WHEREAS, the Friends of Scarsdale Library have agreed to pay for the total purchase cost of two replacement picnic tables as recommended by Village staff; and WHEREAS, Village Public Works Facilities Maintenance staff will provide the necessary labor and materials to install the replacement picnic tables at the location currently utilized on the Library grounds; and WHEREAS, the vendor quoted cost for each picnic table is $828.40 or $1,656.80 for two, plus $451 for shipping for a total of 2,107.80 for both tables delivered, with the Friends of Scarsdale Library providing funds to the Village in the amount of $2,107.80 to be placed in the Scarsdale Public Library Budget for said purpose; now therefore be it RESOLVED, that the Village Board of Trustees herein accepts a gift of funds in the amount of $2,107.80 from the Friends of Scarsdale Library for the purchase of two picnic tables to replace the existing deteriorated picnic tables located on the Library Building grounds, said funds to be placed in the Scarsdale Public Library Budget Account TE-91-19 – “Friends of Library” until such time as the purchase is made; and be it further RESOLVED, that the Village Board of Trustees herein extends its thanks and appreciation to the Friends of Scarsdale Library for their generous gift to the community. ******** Village Board of Trustees 11-25-2014 P a g e | 364 Mayor Steves commented before the vote regarding the above resolution that the two tables on the Library grounds badly needed replacement. He thanked the Friends of the Library for recognizing that. It is a beautiful setting and especially with the enhancement of the new rain gardens. The community will enjoy them. ******** Municipal Services Committee Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding an Application for a State Assistance Grant for a Municipal Waste Reduction and/or Recycling Project was adopted by a unanimous vote: WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects; and WHEREAS, the passage of the Environmental Protection Act in 1993 created the Environmental Protection Fund (“EPF”), a continuing source of funds dedicated to environmental projects, including the Municipal Waste Reduction and Recycling (“MWRR”) program to help municipalities meet environmental goals and mandates; and WHEREAS, the EPF grant funding is administered by the New York State Department of Environmental Conservation (“NYSDEC”), with the overall program goal to assist municipalities in expanding local waste reduction and recycling programs while increasing participation in those programs; and WHEREAS, the Village of Scarsdale (“Village”) submitted a pre-application in 2011 (attached) to the NYSDEC under the MWRR program totaling $175,200.00 for reimbursement of capital equipment purchases of a dump truck, leaf vacuum machine and leaf storage box; and WHEREAS, EPF funding for the MWRR program has been unavailable the past few years, however the Village was notified by the NYSDEC via letter dated September 25, 2014 (attached), that funding is anticipated in the FY15/16 State Budget, and the Village is encouraged to submit a final application by December 1, 2014; and WHEREAS, the Superintendent of Public Works has modified the 2011 pre- application by removing the dump truck and adding the cost of all five leaf storage boxes, a 20 yard rear loading recycling truck purchased in FY13/14, and the aforementioned leaf vacuum machine also purchased in FY13/14, resulting in a final grant application totaling $135,198.86 in eligible reimbursable grant expenses (attached); and Village Board of Trustees 11-25-2014 P a g e | 365 WHEREAS, if awarded, the Village is eligible to receive $67,599.43 in State assistance, or 50% of the eligible expenses, with the Village responsible for the other 50% under the MWRR program local match requirement, however no additional Village appropriations are necessary as the equipment has already been purchased; and WHEREAS, the Village of Scarsdale has examined and duly considered the applicable laws of the State of New York and deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Master Grant Contract by and between the people of the State of New York, and the Village be executed for such State Assistance Grant; now therefore be it RESOLVED, by the Village of Scarsdale Board of Trustees: 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized; 2. That Alfred A. Gatta, Village Manager, is directed and authorized as the official representative of the Village to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State; 3. That the Village agrees that it will fund its portion of the cost of said Municipal Waste Reduction and Recycling Project; 4. That this Resolution take effect immediately. ******** Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution regarding Placement of a Crèche in Boniface Circle was adopted by a unanimous vote: WHEREAS, the Scarsdale Crèche Committee has requested a permit to place a crèche in Boniface Circle from December 17, 2014 through January 2, 2015; and WHEREAS, the Board of Trustees of the Village of Scarsdale is desirous of granting said permit; now therefore be it Village Board of Trustees 11-25-2014 P a g e | 366 RESOLVED, that the application of the Scarsdale Crèche Committee to place a crèche in Boniface Circle is hereby approved pursuant to Chapter 240 of the Scarsdale Village Code; and be it further RESOLVED, that a permit be issued to the Scarsdale Crèche Committee for a public display in Boniface Circle from December 17, 2014 through January 2, 2015, subject to the receipt of a certificate of liability insurance in accordance with Village Code Section 240-2C, receipt of which is herein acknowledged; and be it further RESOLVED, that the display shall be dismantled and completely removed from Boniface Circle by the Crèche Committee no later than January 2, 2015. ******** Personnel Committee Upon motion entered by Trustee Pekarek, and seconded by Trustee Martin, the following resolution regarding an Appointment to the Board of Ethics was adopted by a unanimous vote: WHEREAS, in accordance with the Chapter 37 of the Village Code, Ethics, Article II, Section 37-7, the Village Board may appoint no fewer than five (5) or more than seven (7) members to serve on the Board of Ethics for five year terms; and WHEREAS, currently there are six (6) members on said Board, providing an opportunity for one (1) additional interested and qualified resident to serve; and WHEREAS, the Village Board’s Personnel Committee met on November 12, 2014 to review applications to fill the vacancy and subsequently recommended to the Full Board that Sunil Subbakrishna be appointed to the Board to fill said vacancy; now therefore be it RESOLVED, that Sunil Subbakrishna, 22 Lockwood Road, Scarsdale is hereby appointed to serve on the Board of Ethics for a term ending on April 1, 2019. ******** Mayor Steves stated that the next resolution is also an announcement. John A. Brogan, the current Chief of Police of the Scarsdale Police Department has announced his retirement effective January 30, 2015. Between now and the end of January, the Village will take the opportunity to share with the community what Chief Brogan has contributed in a more meaningful way. Village Board of Trustees 11-25-2014 P a g e | 367 Upon motion entered by Mayor Steves, and seconded by Trustee Brodsky, the following resolution regarding the Appointment of the Chief of Police was adopted by the vote indicated below: WHEREAS, John A. Brogan is retiring from the Scarsdale Police Department effective January 30, 2015 after thirty-six years of distinguished service, twelve and a half years of which he served as the Chief of Police; and WHEREAS, to recommend Chief Brogan’s successor, a selection panel consisting of elected and former elected officials including, a former Mayor and a high ranking professional in the public safety field, gathered and interviewed the candidates; and WHEREAS, the two eligible candidates, in addition to having performed exceptionally well on the Westchester County Civil Service written test, were examined thoroughly by the members of the interview panel in areas of police operations, organization and management theory, public budgeting, current police technology, contemporary investigatory techniques, and community policing; and WHEREAS, on November 6, 2014 the panel filed a report with its recommendation to the Mayor and Village Manager, attached hereto and made part hereof; and WHEREAS, after careful consideration, the panel determined that both candidates were highly qualified and would be able to lead the Scarsdale Police Department, which is a nationally recognized department, accredited by the National Commission on Accreditation for Law Enforcement Agencies as well as the New York State Law Enforcement Accreditation Program; and WHEREAS, the Mayor and the Village Manager reviewed the candidates background and experience for the position and carefully considered the work of the interview panel and herein recommend Andrew A. Matturro, currently a Captain with the Scarsdale Police Department; now therefore be it RESOLVED, that pursuant to §8-800 of the New York State Village Law and §A318-3A of the Scarsdale Village Code, Andrew A. Matturro is hereby appointed to the position of Chief of Police for the Village of Scarsdale commencing at midnight on January 30, 2015 with the compensation to be determined by the Village Manager as provided for in the Village budget. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Village Board of Trustees 11-25-2014 P a g e | 368 Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves Mayor Steves thanked former Mayor Strauss and the members of the Review Committee for their work and extended the congratulations of the Board of Trustees to Captain Matturro. ******** Other Committee Reports Trustee Pekarek reminded everyone that this Saturday is “Small Business Saturday” where approximately 40 merchants will be offering special deals and bargains in the five different areas of the Village – Scarsdale Village, Weaver Street, Five Corners, Golden Horseshoe and Garth Road. If you mention the ad in the Scarsdale Inquirer, there will be additional bargains. The Acceleration Project and the Chamber of Commerce is sponsoring this event. ******** Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that seven (7) written communications have been received since the last meeting of the Board:  An email from Russell Kopp, 12 Sage Terrace, regarding solar panels and Board of Architectural Review approval.  An email from Russell Kopp, 12 Sage Terrace, regarding the proposed elimination of the leaf collection program.  An email from Howard Weitz, 29 Lawrence Road, pointing out his concerns about the proposed leaf mulching program and its potential adverse effects on homeowners.  An email from Robert Spiel, 2 White Birch Lane, urging the Board to leave the existing leaf program in place. Village Board of Trustees 11-25-2014 P a g e | 369  An email from Betty Blume, 246 Mamaroneck Road, with her suggestions concerning the current and proposed leaf programs.  A letter from Dina and Christopher Corrini, 306 Heathcote Road, enumerating their objections to the proposed elimination of the leaf collection program.  An email from Warner Fite, 44 Taunton Road, citing his objections to the proposed changes to the Village’s leaf pick up process. ******** Future Meeting Schedule  Tuesday, December 9, 2014 – Land Use Committee Meeting – 6:00 P.M. – Trustees’ Room  Tuesday, December 9, 2014 – Agenda Meeting – 7:30 P.M. – Trustees’ Room  Tuesday, December 9, 2014 – Board of Trustees Meeting – 8:00 P.M. – Rutherford Hall ******** Village Hall Schedule  Thursday, November 27, 2014 – Thanksgiving Day – Village Hall Closed ******** There being no further business to come before the Board, Mayor Steves moved to adjourn the meeting, seconded by Trustee Brodsky and carried by a unanimous vote at 8:50 P.M. Donna M. Conkling Village Clerk