Board of Trustees
Regular MeetingScarsdale, NY · March 24, 2015
Minutes
Village Board of Trustees 03-24-2015 101
THREE THOUSAND TWO HUNDRED TWENTY-EIGHTH
REGULAR MEETING
Rutherford Hall
Village Hall
March 24, 2015
A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in
Rutherford Hall in Village Hall on Tuesday, March 24, 2015 at 8:48 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 Assistant to the
Village Manager Scelza.
********
The minutes of the Board of Trustees Regular Meeting of Tuesday, March 10, 2015
were approved on a motion entered by Trustee Martin, seconded by Trustee Brodsky, and
carried unanimously.
********
Bills & Payroll
Mayor Steves stated that he had audited the Abstract of Claims dated March 24,
2015 in the amount of $635,936.06 which includes $14,966.09 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 Mayor Steves and seconded by Trustee Brodsky, the
following resolution was adopted unanimously:
RESOLVED, that the Abstract of Claims dated March 24, 2015 in the amount of
$635,936.06 is hereby approved.
********
Written Communications
Mayor Steves stated that he would like to move the Written Communications agenda
item from the end of the meeting and asked the Village Clerk to report on any
communications received since the last meeting.
Village Board of Trustees 03-24-2015 102
Village Clerk Conkling reported that eleven (11) written communications have been
received in opposition to the 2016 revaluation since the last meeting from the following:
Michele Braun, Wakefield Road
Abraham and Debrah Dweck
Mark Ellman, 65 Garden Road
Linda Felman, 4 Copper Beech Lane
Nick Kaufmann, 24 Cooper Road
Ruth Kohn, 86 Greenacres Avenue
Michael Otten, 37 Stonehouse Road
Pam Sklar
Robert Spiel, 2 White Birch Lane
Beatrice Rocca Stein, 72 Haverford Avenue
Freya Bimston, 15 Wakefield Road
********
Mayors Comments
Mayor Steves stated that he has one comment and one parting comment. He stated
that he had the privilege on Saturday of attending the annual meeting of the National
Commission on Law Enforcement Accreditation. The Scarsdale Police force received their
sixth accreditation pursuant to the highest standard of the National Commission – the Gold
Standard. They received it with a perfect score on the site visit which is seldom, if ever
done. As he said to the Commission upon receipt of that notification, is that they provide
an objective voice for the community to hear about the quality of the Village’s Police force.
He commended the Police force and urged the community to continue to respect and
support them. The mindset of the leadership of the Police force is to continue the respect
and support they have shown the community.
Mayor Steves continued, stating that this is his final meeting. The reason the
meeting was called to order late, for which he apologized to all who have been waiting, is
that they take time to reflect in a jovial way upon the terms of those who are leaving the
Board. In a moment, the Board will exchange their thoughts publicly.
Mayor Steves stated that there may be some who will feel that kind of exchange and
remarks are best done privately, but he submitted that what is about to be witnessed is a
mutual respect and affection that grows from working closely with each other and being able
to witness the commitment to the community, and the integrity that the people bring to the
process. Each of the Board members will make comments but he did have one somewhat
negative comment. He stated that he was disheartened when he reads from people that
things would be better if there were better officials elected. One of the reasons why the
Village Board of Trustees 03-24-2015 103
audience will hear a very positive exchange, is because the Board all mutually respects the
fact that none of them bring to the table a biased point of view that can’t be moved or
informed. He respects and supports this form of government for that very reason. Yes, the
community can differ as to the decisions that are made, and he respects and invites that
difference. But what is hard to invite and impossible to respect is that people think that it is
decisions that don’t go their way is a function of the system or the process. He urged the
community to better understand the process to participate in it. He extended his own
personal thanks to all the members of the Boards and Councils and all those others who
served this community in a myriad of volunteer ways. He submitted that those people that
are involved and have seen it work and understand how it works, appreciate it. Appreciate
those who choose to serve you.
Mayor Stevens then invited each of the Board members to share their thoughts as
the Board ends this term and say goodbye to Trustees Brodsky and Martin, and himself as
well.
********
Board Comments
Trustee Pekarek:
Trustee Pekarek stated that she would being with Trustee Martin.
“Tommy we hardly knew yee!! But it was a pleasure!
Your dedication as a Trustee was evident when you participated in a teleconference
during a Board Meeting, publically weighing in on an issue that generated much community
interest–live from the hallways of Madison Square Garden!
I got to know you as we worked on the Personnel Committee together. Your
insight, suggestions, knowledge of the community have been of great assistance as we review
Boards and Councils new appointments.
I thank you for your gracious service to our community and your heartfelt generosity
to Scarsdale as a Trustee.”
Trustee Brodsky – “Trustee Stacey – Diminutive yet mighty – whip smart and takes
pleasure in and understands the importance of small details – that they make a true
difference.
Stacey takes delight in the seemingly mundane and dry business of running a
municipal government. She loves budget season, is intoxicated by and participates in the
banter between the Village Manager and Treasurer about capitol funds, reserves, debt
service, tax cap levy, enterprise funds and the sewer tax rent.
Village Board of Trustees 03-24-2015 104
She has advocated with grace and aplomb for her liaison groups - most notably this
year the Library. Her council, her articulate discussion of the needs, strategies and planning
have not only placed the Library on a course for the future but has guided this group to
make this project one that is timely, complete, with community support and will be a true
Scarsdale gem. Thanks Stacey!
Stacey has the distinct ability to capture the essence of a vast array of Village policies
and codes, new and old, carefully crafting, reviewing and revising language which is
reasonable, balanced and enforceable.
I have been on the Board with Stacey for just one year and it has been grand to work
with you for just a while. Thanks for helping me get up to speed…not Stacey speed but…
My mantra going forward will be, “How would Stacey approach this?”
We will miss you here in the ‘dale – we understand that your dog wants to return – I
think he is channeling all of us – we thank you deeply for your service and wish you many
adventures in the wider world.”
Mayor Steves – “He walks with purpose head down, slightly bent at the waist
moving forward with determination and a very long list of things to do. His moral
imperative statements make us sit up, take note and say yes…we can do better.
Even thought you might say “It’s only Scarsdale, a Village in a Park”, Bob has
watched over us – we sleep better knowing he is our Mayor! Seemingly ever present, a big
presence and we all know he cares in so many ways:
About the Village
About all of us
About the business of being Mayor and Trustees
About staff
About his family
About his faith
He can focus on the big picture without losing the nuances and the important details
that make the difference between an issue that is resolved completely at the highest
standards and one that is less than completely considered.
As Mayor, Bob has given, indeed he has sought out opportunities for the residents of
the Village to provide their expert knowledge, opinions of the Board direction, council on
issues and encouraged input and feedback. And in fact demanded that we state our
case…what do you think? Hmmm…another reval meeting? Let’s finally, deeply understand
the coefficient of dispersion. It really doesn’t have anything to do with snow? And I thought
we were going to leave the leaves alone and yet there will be one more mulch for thought
Village Board of Trustees 03-24-2015 105
this Thursday at 8:00 pm…I’ve heard some say that they wouldn’t miss it for all the leaves in
Scarsdale!!
I have known Bob since 1992 when my family and I moved to Greenacres. He was
warm and welcoming way back then – at a Cub Scout camp out do I recall that all the kids
were in your tent watching the Stanley Cup Playoffs that year?
Which brings me to a story at a recent Board meeting Bob took us on a little
surprising but sweet bypass – a bit off script.
He noticed a young boy sitting in the last row of Rutherford Hall and engaged him in
conversation wondering if he was doing research for a school or scout project. Bob invited
him to the podium and so disarmed this young man that he was quite comfortable speaking
to the Mayor. And you could see the delight Bob took in encouraging this young boy to
consider some future pursuit in service to community and government.
That delight in service – the ability to see what’s in front of us but not yet in focus is
one of Bob’s gifts to our community - and of course, all the work of being Mayor- he gave
and listened to speeches, marched in parades, presided at Board meetings, attended so many
committee, task force, liaison meetings, parties – cleverly disguised as fundraisers, dinners
(never at home), meetings with Village staff, demonstrations in parks, many, many, many
weddings and let’s not forget breakfasts at Parkway!!
Bob made it look easy, effortless and simply enjoyable. He has instilled in the Board
of Trustees the importance of service and the responsibility that entails, that we remember
that all we do is sincerely considered with head and heart and that we look carefully at the
details while also focusing on the overriding issues.
It is a grand thing to lead but it is a truly wonderful accomplishment to lead with
grace and distinction and to provide a sound footing for the future.
I applaud Bob’s tenure as Mayor and Trustee for these last 6 years. We will miss his
leadership and his camaraderie but we are happy that we will see him around campus!
It has been my distinct pleasure and honor to have served as a trustee with you Bob.
Bravo!!”
Trustee Samwick:
“Over this past year, I have sat with an extraordinary group of Trustees (and the
Mayor). You have all contributed meaningfully to easing my acclimation to being a Trustee
and have each lead by example. You are all dedicated, selfless and bring your own
thoughtful perspective to the Board. Tonight, we are saying thank you to two Trustees and
the Mayor. While I am sad to see each of you leave the dais, I know with certainty that our
community is a better place because of your service.
Village Board of Trustees 03-24-2015 106
Trustee Martin - Tom, you are a committed member of the Board and you care
deeply about our community. You have overseen the Finance Committee and the budget
process with a keen eye on details and thorough diligence. Your stewardship has created a
very smooth budget process this year with a great outcome for the entire Village. Your long
history in Scarsdale and your financial acumen have contributed meaningfully to the Board
and the community. I wish you well with your work with Stepinac, they are lucky to have
you, as we have been.
Trustee Brodsky - Stacey, you welcomed me to the Board over coffee and provided
me with a great introduction to life as a Trustee. I have been learning from you ever
since. Thank you. You have a thoughtful approach and keen insight into every issue. You
have a remarkable ability to understand nuanced details and interrelationships as well as the
big picture. You clearly and intelligently articulate your thought processes and conclusions,
which are highly logical and yet creative. You care deeply and are truly committed to
Scarsdale and its residents. Your presence, not only your physical presence, but your stature,
thoughtfulness and poise truly benefitted our community and will be deeply missed.
Mayor Steves - Bob, you welcomed me to the Board over breakfast. Since that
morning I met you, you have shown by example how to be an exemplary public servant. In
fact, I think you may well have been born to be Mayor of Scarsdale. You listen remarkably
well. You communicate very clearly and thoughtfully. In fact, you approach everything,
from the management of meetings to individual issues in a very open, inclusive and
thoughtful manner. You let others voice their views and you build consensus. You
presented a list of priorities for this past year and you worked hard to accomplish nearly all
of what you set out to complete, which is a monumental achievement in the public
sector. Bob, you have certainly left the Village a better place following your service.”
Trustee Stern:
“I think it’s a great loss that the Board is going to lose Trustee Martin, Trustee
Brodsky and Mayor Steves. I say that with a heavy heart.
Trustee Martin, who is involved in all the issues as all the Trustees are, his specialty
was on fiscal issues which is reflected in his personal business life. It is no easy task to put a
budget together like this, which is by the way, 156 pages. It weighs a lot and it has a heavy
weight on the community. And of course, he worked closely with the Village staff and
Village Manager Gatta and Steve Pappalardo and the Village Treasurer and everyone else
involved in getting this budget together to make Scarsdale a fiscally responsible Town which
does not overspend and put great debt on its stakeholders. Another characteristic of Trustee
Martin, and he has made enormous contributions in that area, I must tell you, another aspect
of his life as a Trustee is getting input from Village residents. Almost on every issue, he
would tell the Board about various people he had talked to about certain issues felt, and this
went even beyond all the comment letters we get which are greatly appreciated because it
Village Board of Trustees 03-24-2015 107
gives us a sense of what the Villager residents are thinking. We are going to miss Trustee
Martin for his fiscal acumen and his gathering of input on almost all the issues that come
before the Board – almost a one-man pollster. We will miss him dearly.
Trustee Brodsky has an incredible legal acumen and on almost every issue that
comes before the Board, there are certain nuances to the legalities of some of these things --
the consequences of something that the Trustees may decide upon and she has brought that
to light with great sensitivity, representing the Village residents and what their feelings are.
She is an incredible resource that we are going to miss dearly and wish her good luck in her
future and endeavors.”
Mayor Steves has shown, as all the other Trustees an enormous dedication to the job
of being Mayor. When the hurricane came, he was at the Public Safety Building night and
day trying to get the Village in a better position to deal with what nature handing to us.
Another incredible characteristic of the Mayor which is very unusual is that before the
Board, various people come with different opinions. Some with very strong opinions. Bob
listens and he respects all these opinions and he not only listens with respect, but he tries to
see where they fit in to the way the Village is run and how they influence how the Village is
run. He gives every person who speaks here or writes a letter a fair shake on their point of
view. He is very patient and very respectful. It is a very unusual way of running a Board like
the Board of Trustees and to respect all the various differences of opinion in the Village.
I’d like to say one more general thing about the Board of Trustees and the way the
Mayor has run it. It is totally apolitical which is extraordinary in this day and age, in most
Villages – a very extraordinary way of running a Village. We deal with the issues as we see
them, what we think is the best for the future of the Village and to maintain the Village for
future generations. I think the Mayor and especially the two Trustees that are unfortunately
leaving us – that’s what they represent. I think we owe them a tremendous debt of gratitude
for serving the Village residents. Thank you.”
Trustee Lee:
“Tom, you have truly been a pleasure to get to know and work with these past two
years. It’s not just your warmth and gregarious nature that has made it a pleasure to work
with you, although that plays no small part. It’s also that you brought to the role of Trustee
an earnest sense of wanting to do what’s best for our residents. To that end, you
consistently wanted to learn what our residents thought about the key issues affecting them
and made a point to regularly reach out to them and ask them for their views. Your ear was
to the ground, and you conveying that feedback back to us and wanting to make sure we
considered how our residents might feel about an issue added an important piece to our
discussions.
In short, you were a terrific representative of our residents, keeping their interests in
the forefront of your mind and ours in our deliberations.
Village Board of Trustees 03-24-2015 108
Beside your focus on our residents’ interests, you brought to our Board from your
deep financial background, an expertise that you used to the Village’s advantage. Your
business acumen, together with your great common-sense approach, led you to ask the right
and sometimes tough questions during our budget discussions. You weren’t afraid to
challenge the accepted line of thinking, to raise some eyebrows -- all in the name of seeking
that balance between applying our resources where needed but drawing the line so as to be
watchful of our spending where possible.
In some ways, your work with the Personnel Committee was even a greater test of
your Trustee qualities. When you began as a Trustee, you did not know a lot of the
members of our community seeking appointment to our Village Boards and Councils. Yet,
as Chair of the Personnel Committee in your first year as Trustee, you dove right in, spent
innumerable hours speaking to Board and Council heads to find out their committee’s needs
and to applicants to sound out their wants. By the end, you successfully lead our efforts to
populate these important Village Boards and committees that provide important input to the
Village and help implement our land use laws and regulations for the good of our entire
Village.
So, Tom, all of us on the Board will miss your great warmth, your deep caring for
our residents and the Village, and the wisdom and financial expertise you brought to our
decision-making. Happily for me, you still remain a Fox Meadow neighbor of mine,
ensuring that our paths will cross in the future.
Stacey, this is hard for me ... to say farewell. You and I have known one another for
more than fifteen years, seen our daughters play on sports teams together as young children,
watched them advance through school and on to the beginnings of their post-college
journeys, and shared the inevitable mourning of loved ones we’ve lost.
And so it was that when I first joined this Board three years ago, you reached out to
me as you have to others who have joined the Board and generously gave me your time,
helping me get my grounding in my first months on the Board. Far from a sense of
competitiveness, you nurtured our working together collaboratively and explained to me
how you knew many of your fellow Trustees telephone numbers by heart since you would
call one another so often.
Now, blink seemingly just a few times, and your four years on the Board has come to
an end, and your departure leaves us without one of our star players. Indeed, in your time
on the Board, you have shown us how to be a stellar Trustee.
You are incredibly well informed about how Village government works. That
enables you to see how all the pieces fit together and to know which pieces to move to
efficiently accomplish what we need to do.
An example (one of many): we knew that an important study on gravel surfaces was
taking place that could well lead us to change how we treat gravel surfaces so as to help curb
Village Board of Trustees 03-24-2015 109
the development of houses that appear too large for their lot size. Yet, we were confronted
with the frustrating fact that the study would take six months to complete. You came up
with the idea of a moratorium where we would call time out on plans that used gravel
surfaces to exceed lot coverage limits. It was a terrific idea, not one that initially met with
favor by staff, yet one that, within short order, had everyone rallying behind it.
A creative problem solver – that’s you.
Now add to your being well informed and creative, your keen, analytic mind and
articulateness. These traits allow you not only to assess what is often a cloudy mixture of
facts and policy decisions and connect the dots, but then, so often, to clearly and concisely
connect the dots for the rest of us, leading us to good and sound decision-making.
So, your departure from the Board leaves a hole both deep and wide. We will miss
your strength of mind and expression, and I personally will miss my friend. We wish you the
very best.
Bob, you have been an extraordinary Mayor, providing leadership in so many ways.
On the macro level, at the beginning of your term, you identified six areas of central
concern to our Village residents that you wanted the Board to address during your tenure. It
was an ambitious agenda. Yet, as you promised, we have given central focus to each of those
areas.
In tackling those subjects, you made sure that we got the input from our Village
boards and councils, with whom you initiated informal meetings with our Board. This gave
us and them a great opportunity to gain perspective from each other.
You also made sure to involve our residents, holding a considerable number of
highly attended public hearings and information sessions on matters of great concern to
those in attendance.
Some of those public sessions involved heated resident comments on opposing
sides. But, you were mayoral in the finest sense of the word. You set a respectful tone at the
beginning of each session, letting everyone know that their view was sought and appreciated.
The result were meetings where I believe each resident felt his or her voice was heard and
from which we as a Board got invaluable feedback.
On a micro level, at our Board committee meetings where we dig into the issues at
hand, you led in less formal ways. In many meetings, you asked the big picture questions,
ones which your long experience in this community, not just on this Board but on the
School Board before this and other boards before that, gave you the broadest of contexts in
which to view things. At other meetings, you remained silent during most of the meeting,
taking in the comments of others, and then came in at the end to put the issues under
Village Board of Trustees 03-24-2015 110
discussion, which sometimes had grown tangled or messy during the course of our
discussion, into clearer, more manageable focus.
And at whatever level you are operating, macro or micro, you have a most
remarkable ability to know just what to say. And, the way you say it, your eloquence, your
wit, your self-deprecating humor - always brings out the best in the discussion - making for
clearer focus on the issues and inviting free and open exchange of opinions. You remind me
at times of the rare basketball player whose play makes all of his teammates play better
around him.
Bob, you will be deeply missed on this Board, but we know that you will find other
ways to give and give to this community.”
Trustee Martin:
“I have some positive observations and would like to then talk a little bit about what
I think is a game changer.
By way of background before I became a Trustee, I was a lifelong member of
Scarsdale silent majority having been born and raised here. I never was involved with
anything to do with Scarsdale – nothing whatsoever. But Scarsdale was home to me, we
bought this most recent house 31 years ago. Not because of the schools, by the way, but
because of Scarsdale. Our two older kids went to private school and our baby went to
Scarsdale schools which was a great experience for him.
What happened was life just took me in a different direction, nothing against
Scarsdale, but I got very involved with fundraising operations of different charities, audit
committees and all that type of thing. When I joined the Board I just focused on what I
know. I am one of those people that reads budgets, as well as the audit reports and the
footnotes, line by line. I like it. I had a CPA on my staff run some models dealing with the
five year budget. I didn’t tell Al Gatta that one because I thought he’d yell at me. But all it
was really was an excel spread sheet. It just gave me an idea of where I thought finances
would be going in the Town. It is a very inexact science but it gave me a pretty good feel for
the Town financially.
At each committee meeting I looked through the budgetary impact of any decision
or any discussion that any Board member had on anything. The surprise I got as I went
through the process was how good the Manager’s office is, Department Heads are and his
staff are. It’s incredible to me; I have been involved with a lot of different entities but here
is about as good as they come. They are not only qualified and capable managers, they are
well schooled in the budgetary process. The people here in Scarsdale should know that this
is one hell of a process. It takes a long time, it’s a lot of work. Yes, they do it every year but
you still have to go through line by line of that budget. They go through it to the point
where I feel that I want all of the people in Scarsdale to know that probably most if not all
the Trustees feel that every expense is well scrutinized. I mean every expense. There wasn’t
Village Board of Trustees 03-24-2015 111
a question we had that maybe you’ll remember when we talked about overtime in the Fire
Department, and all of a sudden the Fire Chief, the personnel people, everyone in the Village
Manager’s office was all over it. And we got results as a result of that. Put another way
though, what I was doing added very little to what they were doing because they were that
good.
The best part is that the Trustees are well supported by the Manager’s office and
most importantly what came out meeting after meeting is they care. That was the single
greatest, not a shocker, but certainly when you are talking with municipal employees one
would think that it is a job for them and perhaps they might not care. Every single one of
them cares. That became apparent over and over. What also became apparent is that I got
exposed to because of what Bob was doing relative to calling in all the committees I got
exposed to all kinds of committees. I think there is 42 of them. We didn’t have all 42 come
in but we had a good number come in. What came out of those meetings is that the people
on those committees are dedicated, they are focused, they do a hell of a job for Scarsdale, if
not outstanding job, at least in my view. That’s all the good news.
Albany has now presented Scarsdale with a real challenge and that is the 2% Cap.
Part of the challenge deals with the consolidation component and that might sink us
ultimately in and of itself five or ten years down the road but right now I don’t think it’s as
big a problem as the 2% Cap itself. The 2% Cap has the potential to change the very nature
and amount of services Scarsdale can offer in the future. The future Trustees probably not
now, but I would say two to four years from now will have to focus on the budget year-
round. This will allow them to help prioritize for the Village because right now the Village is
handling so much. We are involved as Trustees but not to the degree that I envisioned once
we get into the 2% Cap arena.
Now don’t misunderstand me, I’m hoping like hell that the Cap goes away, I don’t
like it, I don’t think anybody wants it. The Finance Officer at the School District said the
same thing. Everybody hopes its going away, but I don’t think it’s going away. I believe that
part of the answer is that we begin to have the Trustees become comfortable with a five year
budget. If done regularly during the year, Trustees can begin to see the financial
consequences of any of their decisions. So that if in one area they decide to add money,
another area is going to be impacted.
I raised this concept two years ago when I first came on the Board but agreed with
Al Gatta and with the Mayor that at that time it was probably premature as there was really
no sense of urgency. There was, but there were other priorities that were of a much greater
nature. But that was all before the 2% Cap. I know believe there is a sense of urgency,
especially if inflation rears its ugly head. I ran my models, and you just use a simple excel
spreadsheet, it’s not a big deal. When you run it out 2%, 3%, 4% inflation, just five years, it
is staggering the way the numbers look.
In addition to that, the other thing that concerns me is in addition to inflation, if
Albany decides to push down pension and medical costs as they did a couple of years ago, I
Village Board of Trustees 03-24-2015 112
think that amounted to like a potential for a 12% increase in taxes. Whatever it was, it was
huge. And they do it saying that on one side of their mouth, and then on the other side of
their mouth they say you’ve got to pay this 12% but you can only go with a 2% Cap. That to
me is scary. I’m hoping that this won’t happen in the future but you don’t know.
Even if the Trustees decide ultimately they have to drop the Cap or we can’t qualify
for the Cap because of lack of establishing cooperative ventures with other Towns and the
like. I still think the five year budget makes sense.
On a separate note, I want to comment on the Non-Partisan System. I have heard
comments about it that are negative. But I’m convinced it works. I think it worked in the
1950’s when I was growing up here and I sure as hell think it works now. I’ve enjoyed each
and every Board member in the present and the past. I was pleased to see Kay come back;
her and Jon Mark and now he is going to be Mayor. That was a real treat for me. That first
year was special, it was definitely a lot of fun.
I want to compliment all of the Trustees. It is a very eclectic group in the sense that
each person something different to the Board that I really find not only interesting but of
value to the community and that’s why I think the system works because you keep bringing
on people that I feel really do have Scarsdale in their heart of hearts.
I think with Stacey and Bob, what goes through my mind, whenever we come up
with an argument against term limits they are prime examples of why we should drop term
limits. They are in a class of their own and I mean that sincerely. I was mesmerized by
some of the things I talked about earlier with what Stacey did with the Historical
Preservation Law and Bob during the reval. I don’t know if any of you remember, but that
was a very difficult time. There were a lot of cranky people. He really was, in my view,
exceptional.
In conclusion, the five year budget could be a very useful tool for both the
Manager’s office as well as and in particular, the Trustees. A lot of the Trustees, when they
come on the Board come from all walks of life, not necessarily financial. So I think that if
you had something that helped as a tool I think that would go a long way.
Scarsdale can take great comfort with the excellence provided by the Manager’s
office. It is absolutely superb, I applaud each and every one of you. What’s evidence of that
is that we lose people. They train them so well, these people go elsewhere for more pay.
We’ve had a whole bunch of them just in the last year leave.
The system works, I want to emphasize that. I think it’s good and I think it will
continue to be good.
In conclusion, I really think that Bob and Stacey deserve some super-whoopee praise
of some sort. As far as I’m concerned, they were at a different level than anyone else I’d
ever seen by far. I really believe that Jon Mark and David Lee will carry that tradition on
Village Board of Trustees 03-24-2015 113
because I put them in the same class. I think we will be in good hands going forward.
Thanks for listening.”
Mayor Steves stated that he would add a vote for long range planning.
Trustee Brodsky:
“I think I’m going to be uncharacteristically short. Something that will probably
surprise the other Board members but its surprisingly hard to say goodbye. This is a very
special role and made all the more special by the professional staff that so ably handles the
extraordinarily difficult management of this Village and by the people sitting at the dais here
who are just wonderful committed volunteers and friends. So I have to say that goodbyes
are hard and this is a particularly hard one.
“Speaking particularly about Tom and Bob, Tom you are the consummate
gentleman. I said it before, I will say it again. You just are, and you generously volunteered
your time to serve as a Village Trustee when you were already a busy man, with your own
financial services firm and an important commitment as a board member and leader of
Stepinac High School. So, thank you so much for that generosity. You have a calm
demeanor, financial expertise and frank but always good natured common sense in
deliberations. And I think that, in addition to your very important leadership as Chair of the
Finance Committee, you were great serving as Fire Commissioner because you just love the
opportunity to get involved with our wonderful volunteer firefighters. It’s just what you like
and do so well. Thank you for your service and for sharing Cathy's amazing cookies with us
at Board meetings.
Bob, my first experience with you, and for that matter with your wife Kathy, was
many years ago when she and I were members of the School Board Nominating Committee
that nominated you to be a member of the School Board. You already had an impressive
record as a volunteer back then, but you has lapped himself many times over since then with
respect to your volunteerism.
For all that you have done for our community, and all the positions of leadership
you’ve held, you are one of the most unpretentious people imaginable and you are as likely
to be seen unpacking boxes at the book fair as you are chairing the goodbye dinner for out
departing Superintendent of Schools.
You have boundless respect for people, and you are the very soul of fairness. You
have a wonderful instinctive feel for when the rules of procedure need to bend to the needs
of the residents. A perfect example has been referred to several times where at meetings,
where we were considering Village wide reval about which there were very strong opposing
positions. These were long meetings because when you saw how this process was evolving,
evening you choose not to enforce the five minute rule, which would have limited a person's
time to address the Board, nor to prevent people from returning to the microphone again
and again and again to add to what they had already said. At the end of the process, it was
Village Board of Trustees 03-24-2015 114
inevitable that the Board was going to make a decision that would leave many people
unhappy and feeling like we had made the wrong decision because they disagreed with us.
But even though some might think that we were wrong, based on the way you led us, no one
could say that this Board didn't care about the community by virtue of the way in which we
reached our conclusion. And we have you to thank for that.
I can't think of a person who cares more about Scarsdale or has worked harder for
the Village than Bob Steves. He might be giving up the title of Mr. Mayor, but in my view
Bob has a lock on the title of Mr. Scarsdale. Thank you, Bob. And on behalf of all of the
Trustees sitting at this table, we have a gift for you to thank you so much for being our
leader for the last two years. It is a wallet with a money clip based on both your financial
expertise and the fact that you will have more time to spend money than you have had for
the last six years.”
Mayor Steves:
“I’m going to try to be brief as well but there is so much to say and so many people
to thank. I think I’m going to do it through some vignettes and then comments.
Seems lately like I spent as much time at the recycling center as I spent on the dais.
But I was out there one day and a gentleman who works for sanitation and was cleaning out
one of the carts and I stopped and jokingly said, “Do you do the Mayor’s car?” and he said,
“Sure, move it over there, we’ll do that.” I commented on what he was cleaning and he said,
“Hey, we’re in Scarsdale, we need to be proud of what we do, things need to be clean and we
need to feel proud of what we do for the community”.
I have spent a lot of interesting time in trying to say hello to everybody; the people
dealing with water breaks, the Police Department, every sanitation worker that I have come
across, the people at the recycling center – because one of the goals I had was to let the
people know that there wasn’t some big gap between those who set policy and those who
found themselves burdened by it.
When someone asks me what I would miss the most in leaving the position of
Mayor, I said the people. I said this evening at the dinner earlier that that is what I take away
from here. We had votes, some people agreed, some people didn’t agree, some people like
what we do, some people don’t. But I came away with a sense of the commitment and
integrity of not only my colleagues on the Board but the professional staff. I called someone
recently after we had appointed a new Acting Village Justice and talked to a Village Manager
in another Village who used to work here. Without asking him anything he went on for
twenty minutes how lucky people were to work for Scarsdale and how professional the staff
was; how well trained they were and how appreciative he was for the training he got when he
worked in Scarsdale.
There is an understandable cynicism about government. And that cynicism grows a
bit as you are closer to it I think. To me, here there is an outlet for that cynicism. Without
Village Board of Trustees 03-24-2015 115
using that outlet of communication and getting to know the staff it becomes an enormous
inefficiency, becomes a drag on the growth of the community. I wouldn’t presume that local
government solves the problems of the world but it has a responsibility for creating an
environment, particularly in a place like Scarsdale where people can solve the problems of
the world and that’s what our goal should be.
Before I thank my colleagues on the Board, I want to thank my wife. I want to tell a
little story and I think it says why I can do what I do. I went early to the concerts in the
park, and by the way if you haven’t been to them, they are wonderful traditional
entertainment. I was sitting near some people and Kathy came a little bit later and said, “Do
you know my husband the Mayor?” And the person said “I thought he looked familiar but I
didn’t recognize him until you came.” Kathy is probably as well known in Scarsdale as I am
and has shared a sense that if you live someplace you should be part of someplace. I
couldn’t do what I do unless there was that shared understanding of why you do it.
To my colleagues on the Board –
Deb, I’ve known you a long time, I want to thank you for taking on all the things –
talk about people who can’t say no – there is a task force on deer issues in the community
and Deb has agreed to participate on that – everything we ask her to do, it’s that kind of
energy and I’ve watched it.
Bill, your enthusiasm, which I rein in every once in a while, your enthusiasm has
moved us on some issues like Cable TV and he is a strong advocate for his role in the
Sustainability Committee. The public is regularly aware of where he stands on an issue. He
has moved a lot of issues forward.
Trustee Samwick, he has been a voice. His care about reval at the molecular level
has been important because it really is an issue one needs to understand at that level. As
they say if you don’t understand it you can’t teach it and you can’t communicate it. We’ve
had a lot of conversations on a lot of issues and I have enormous confidence that this
Village will continue to be well served by Marc.
Tom, what I said before – long range planning. You’ve brought fear and trepidation
to the hearts of everybody with that concept. But it’s the right one and that kind of focus -
business, disciplined outlook has been invaluable.
Trustee Lee, I awarded him a Doctor of Governmental Thinkology this evening at
our dinner. He is one of the most thoughtful people I know and he never stops thinking
about an issue. As we know, issues don’t begin and end, they continue and Trustee Lee’s
continual reflection on issues when we’ve made a decision and when we think it’s done has
been critical to me.
Stacey, this was hard – I’ve known Stacey a long time, I’ve admired her and when I
said it’s about the people, this is one fine person who has been incredibly supportive and
Village Board of Trustees 03-24-2015 116
concerned about this community. I can’t say enough, I think you’ve heard it from the other
people.
So, I’m sorry to be going but I thank the community from the bottom of my heart
for the opportunity to serve. It’s a great, great community. It is a community with a lot of
blessings and the old adage “to who much is given, much is expected” and I think that’s a
perfect way that the people of this community should view the commitment at least to the
community if not broader.”
********
Mayor Steves presented Trustee Brodsky and Trustee Martin with gifts of engraved
silver plates on behalf of the Village and its residents in appreciation of their service.
********
Trustee Brodsky presented Mayor Steves with a gift of an engraved tray, stating that
no one could thank him enough for his service and this gift is a small token of their
appreciation for everything he’s done for all the residents of Scarsdale.
********
Mayor Steves stated that one of the fun things of being on the Board is that they
serve in different rolls and because he had the privilege of being Deputy Mayor, he never
had the privilege of being Fire Commissioner. What is the implication of that? You miss a
few parties, but you don’t get a badge. Our esteemed Deputy Mayor had never had a chance
to be Police Commissioner and therefore does not have that badge to add to her collection.
So unless there is some legal impediment, and in all due respect to the current people in
those positions, he moved that Deputy Mayor Stacey Brodsky be appointed Police
Commissioner for the remainder of her term and that Mayor Robert Steves be appointed
Fire Commissioner for the remainder of his term and therefore eligible for the signals or
signs of that office, seconded by Trustee Pekarek and carried unanimously.
Mayor Steves then turned the rest of the meeting over to Deputy Mayor Brodsky to
preside upon.
********
Managers Comments
None.
********
Village Board of Trustees 03-24-2015 117
Public Comments
Susie Rush, President, League of Women Voters of Scarsdale, made the following
statement on behalf of the League:
“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 Stacey Brodsky and Thomas Martin, and Mayor Bob
Steves.
Trustee Brodsky, we are so fortunate that service on the Village Board was
something you were ready to take on following long and varied professional and volunteer
careers. You have been an enormous asset to the Board, as you have brought a diverse skill
set you honed as a prosecutor, defense attorney, middle school teacher and community
leader. You are able to quickly distill and articulate the issues, paying meticulous attention to
detail but without losing sight of the big picture. You are thoughtful, deliberative and
incisive in your analysis and investigation, committed to listening to residents as well as to
your colleagues, unafraid of tackling issues head on. You have shown remarkable patience
and perseverance, particularly in connection with the years-long effort to craft a historic
preservation law that makes sense in our community. As board liaison to the League, you
have been forthright and generous with your time, always available to keep us informed on a
variety of issues from the state of the Village following Hurricane Sandy, stormwater
projects, to DAS and historic preservation. And underlying all that you do is your deep
concern for the well-being of this community and its residents. You, and we have to
mention David – your husband not Trustee Lee – have worked tirelessly to make Scarsdale a
better place and we are the better for it. Although we will no longer share the same zip
code, we wish you the best as you embrace your next adventure filled with world travels, life
in the big city, more time in South Carolina and of course new professional challenges.
Trustee Martin, during your tenure, among other things, you have chaired the
Personnel Committee, which under your leadership settled collective bargaining agreements
with the Teamsters and the firefighters, and adeptly chaired the finance committee. Your
business background has served you well, informing your analyses and decisions. You ask
thoughtful, practical questions which have clarified the issues and advanced meaningful
discussion. And what always comes through is your genuine concern for the residents and
their needs. You consistently recognize current economic challenges significantly impact the
ability of the Village to deliver services that residents have come to expect. That you share
the frustration of residents in obtaining services, such as road repairs, underscores your
sensitivity and is greatly appreciated. While we won’t have the opportunity to benefit from a
second term, we wish you well in your next endeavor.
Mayor Steves, it is possible that the deep respect you have earned during your many
years of service to the community as president of the school board and in other leadership
positions in various community organizations may have actually grown during your term as
Mayor, even as you faced some difficult issues such as reval and the homestead tax option.
Village Board of Trustees 03-24-2015 118
You are the consummate professional and we have been the beneficiaries of your practical,
no-nonsense approach to governance. Communication, transparency and concern for
process have been the hallmarks of your service. You have a keen ability to summarize with
concision and do so eloquently, clearly and aptly, as we witnessed again tonight, and
incredibly, without any notes. I still remember what you said when the board was
considering the homestead tax option: “sometimes the law gives you a sledge hammer when
a scalpel would be more appropriate.” You are fair-minded and approachable, and we get
the sense that you even like being approached if it means you will get feedback on an issue
because you genuinely want to hear what residents think. We have appreciated your candor,
more remarkable when you admit that maybe you could have done things better or
differently, and admire your resolve to get things right, and to maintain - and build - good
will with, and among, community members. You’ve said before that doing your job is all
about the people. Well the people are grateful that you took the job and did it so skillfully.
We thank all three of you for your dedication and commitment to improving the
quality of life of our community.”
Kay Eisenman, Brewster Road, “it’s time to say farewell and thank you to the three
people who are leaving the Board. I’m sad that these excellent, dedicated individuals are
leaving and just want to add a few words to their praise.
Tom, your service is appreciated even though it was over too soon. During your
term you gave good advice and counsel. Yours was a calm and a reasoned voice and
experience in the financial world brought a ring of truth and wisdom to all that you said.
Stacey, your grasp of the issues and ability to tease apart the salient points of any
problem are something I always looked up to you for. You are a consummate problem
solver with keen skills and sharp observations and quickly managed to get to the core of
every decision. Losing you as a Trustee is bad enough, but as fellow resident and friend is
worse.
Bob Steves, our honored Mayor, truly a man for all seasons whose decency and
dignity, no one who knows him could overlook. A humble person with great skills who
recognizes that there is not an immediate answer to every problem but that some problems
require evolving solutions that give us the time and the space to adjust. Mayor Bob had the
patience to seek higher ground and therefore lasting results.
Thank you and God speed to all of you. I would say we shouldn’t cry because it’s
over, we should smile because it happened. Thank you.”
Michelle Lichtenberg, President of the Library Board of Trustees, “it is a pleasure
to speak on behalf of my fellow Library Board members in honor of the distinguished
community leaders who so well served our community in their esteemed positions as Village
Trustees and Mayor. I would also like to thank the entire Board and the Village Manager’s
office for the good work and support of the past year. Congratulations to the newly elected
Village Board of Trustees 03-24-2015 119
Mayor John Mark, the new and returning Village Trustees. Matthew Callaghan, Carl Finger,
and Bill Stern.
Trustee Tom Martin ably served the past two years as the Village Board’s resident
expert on financial matters for which we are most grateful. I actually feel I learned a lot
tonight just in your comments. Thank you very much for that.
Bob Steves is a towering figure in volunteerism in Scarsdale. I first met Bob 24 years
ago when he was also my son’s Cub Scout leader as well as a leader in the Greenacres
Association. After that, Bob, along with Kathy, were step host parents and step president.
And then of course there is the unprecedented seven year member of the Board of
Education. Now, after four years as Village Trustee and a remarkable two years as Mayor,
Citizen Bob has always been a friend to the Library. To personally carrying boxes of books
at the Annual Book Sale to his role as Mayor in leading this Board to affirming the public
private partnership in upcoming transformation of the Library’s facilities. We look forward
to continuing and strengthening that relationship in the years to come. Bob, you are an
exemplary volunteer and leader, and Scarsdale individually and collectively, we have all been
enriched by your generosity of spirit, your steady reasonableness, and constant wisdom.
For the past four years, Stacey Brodsky has been the Village Trustee liaison to the
Library Board of Trustees. For this we count our lucky stars. There is no set profile of how
the liaison relationships are handled in our Town, sometimes it’s a connection in name only.
Sometimes its pro forma; meetings are attended but without immense benefit in the
collaboration. To the benefit of all of us in Scarsdale, pro forma is just not Stacey’s style.
Every interaction is value added in her action. She took her Village Trustee responsibilities
with the same tenacity and dedication and just smarts that made her a top litigator at the U.S.
Attorney General’s Office Southern District. Stacey has always recognized the importance
of good and honest two way communication and has been proactive in making suggestions
in both directions to the benefit of both the Library Board and the Village Board. At the
Library, we have benefited from her vision and insight on how to forge this path that did not
previously exist as we re-imagined the Scarsdale Library 2020 and beyond and begin a major
transformation. She has clear vision and ability to communicate that vision combined with
problem solving skills, keen intelligence, highly developed interpersonal skills, savvy about
planning and nuance working relationship, deep knowledge of the community and steady
commitment to the Library. Stacey is also a very good editor and that has been very valuable
as we craft our Library business statement. Her sophisticated understanding of municipal
affairs, Library operations, fund raising practices, human nature is invaluable. Let’s face it –
Stacey knows a lot about a lot. She’s also a wonderful reader herself and I should add witty,
clever and fun. Stacey, you will be sorely missed as our Library campaign continues. We
hope you will be able to continue counsel from afar. We are also immensely grateful for the
pledge she and her husband David had made which is wind in our sails. We wish you well in
that faraway country known as Manhattan but we look forward to seeing you in the ‘Dale as
now Scarsdale Golf Club Board of Directors will benefit from your super nova talents. With
appreciation and admiration, thank you.”
Village Board of Trustees 03-24-2015 120
Robert Harrison, 65 Fox Meadow Road, “Good evening Mayor and Village Board
of Trustees. I know you folks pretty well and you have seen me at this microphone before.
I guess I could go into a long dissertation on each of you; I’m going to be relatively brief.
Not because I want to be.
Tom Martin, we had breakfast together before you were sitting where you are sitting.
I enjoyed that; hope we will see each other again in the future. You picked up the mantel of
the Personnel Committee Chairman from my two years of serving in that position with the
assistance of Stacey. Under your Chairmanship of the Finance Committee you have the
honor of having the first Scarsdale budget that is under the Tax Cap, congratulations! We
thought we had it under a few years ago and then they redid the numbers up in Albany. Job
well done and I appreciate your comments on long term budgeting. It certainly makes sense
to see where we are going in the future. So I wish you well with all your activities at Stepinac
and advisory firm and so on. All the best.
Stacey, how are you? We spent a lot of time together on the Personnel Committee.
I don’t think there was a year when half of the people on the various Boards and Councils
had to be re-upped or replaced, but I think we had about 75 people that we worked on. It
was quite a job and we shared it well together. All the work you did on Land Use and
Historic Preservation, you deserve accolades for those activities. A lot of work went into all
those meetings – Historic Preservation – wow! I want to wish you the best; I hope you will
come back and visit us. I’m willing to treat you to some coffee at Starbucks back porch
when you have time. I’m sure you and David will enjoy the city.
Mayor Steves – Bob Steves. Bob I think it’s pretty amazing; 7 years on the School
Board and 6 years on the Village Board – that in and of itself is a lifetime. I’ve said it to you
before but I’ll say it again, you’ve treated people who have come to this microphone during
your tenure as Mayor with respect and you have been a good listener and I will never forget
the three plus hour meeting on reval where people got to come back up to the mike two,
three, four times. No one could say that you didn’t give them a chance to express
themselves. Sounds like you have some other challenges coming up; I wish you the best, I
wish you well and I’m sure we’ll see each other around Scarsdale for a number of years to
come.
As you all know, I do speak on issues at this microphone. I will be fairly brief
tonight. Since its March 24th and Spring started last Friday, March 20th, you know what that
means? It means it’s time for tennis. Snow has melted from the tennis courts and we are
going to start our 34th year of Spring Youth Tennis League and Summer Youth Tennis
League. As you know from the budget here, the Recreation Department had a very
successful year with our new Spring programs with short court tennis and bringing back the
Spring Youth Tennis League. We had something like 180 children from 3 years old to
mostly 8 years old but it went to 10 who were in the short course tennis program and that’s
continuing this year. I urge all residents, particularly parents of young children to go to our
website; www.scarsdale.com and then click on the Recreation link and see the tennis
programs that are just up and running for registration. I urge our youth to register for
Village Board of Trustees 03-24-2015 121
tennis, build on last year. These programs brought in an extra $60,000 to the Village budget
this past year and hopefully we’ll build on that and I think we are at a record level of having
the Recreation Department through its revenue of programs at 68% of the Recreation
budget. It used to be around 60%. So the Recreation Department is doing extremely well
and tennis is doing extremely well and we look forward to the comfort station for boys and
girls and men and women at the Middle School tennis courts. Thanks for having that in the
budget and working with the School District.
It looks like on the agenda you are going to vote to refund bonds, which is
something that I personally have supported over the years. Take advantage of low interest
rates; looks like it’s going to save about $344,000 over the life of the bonds, about $20-
25,000 per year. Hope you will vote for it and I think you will, it’s a very good move.
Finally, the topic of a reval in 2016. I won’t say too much about it tonight but there
is another 11 written communications that have come to this Board along with the previous
12 from residents who feel we shouldn’t do another reval in 2016. Further communications
should be sent to the clerk@scarsdale.com. One thought we had at the last meeting was to
push Mr. Ryan’s contract out for two years; we will see what happens with the next Village
Board. Thank you for your time.”
Carolyn Stevens, 122 Potter Road, “As a resident, and former Trustee and Mayor, I
want to thank Trustee Martin and Trustee Brodsky for their service. I never had the chance
to be on the Board with either of you but I’ve certainly gotten to know a little bit about you.
But I’ve had a chance to watch and listen and I do want to thank you for your service. I
know how much dedication you have brought to this job and how you’ve always put the
Village and its residents first and foremost in your thoughts and your approaches to
problems. But my role here tonight is to carry on a tradition, Mayor Steves that was started
by Boine Johnson who was a Mayor back in the 70’s. After Boine left the office of Mayor,
he felt a great loss and as former Mayors, we are used to doing things and being involved
and all of a sudden you run up against this wall, and there’s nothing. So Boine started the
Toothless Tiger Club and Bob, I want to welcome you tonight to that Toothless Tiger Club
and I look forward to many discussions about what we should be doing or what we
shouldn’t be doing in this Village and to no effect. But is helpful to know that there is life
after being Mayor and I know from having interacted with you over the years in many
different positions that you will continue to volunteer and work very hard for this
community the way you have the last six years. Thank you so much for your service and I
look forward to being a Club member with you.”
Mayor Steves thanked Ms. Stevens for being a supporter and a mentor as she was a
Trustee and Mayor.
As there were no further comments offered by the public, Deputy Mayor Brodsky
closed the public comments portion of the meeting.
********
Village Board of Trustees 03-24-2015 122
Finance Committee
Trustee Martin reported on the statements of expense and revenue for the various
funds of the Village for the first nine months of fiscal year 2014-2015.
General fund appropriations were 71.49% spent as of February 2015, which is a
decrease of 4.0% from the 75.5% in 2013-2014.
General Fund Revenues other than property taxes are $12,795,262 through February
2015 compared to $12,887,412 through February 2014, a decrease of $92,100. Current year
revenues included $500,000 from the sale of the land abutting 2-4 Weaver Street. After
adjusting the 2013-2014 receipts for the FEMA receipts of $400,292 and $100,977 and the
Con Edison Substation lease renewal payment of $148,824, revenues improved $57,900.
Building Permit revenue (included in License and Permit revenue) improved about $49,000
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-
2015 to date is $91,000. Tax penalties and delinquent tax collections are down $54,500 as
the balance of taxes and liens declined from last year. Excluding the receipt from the sale of
property, Public Utility Tax, Sales Tax, Equipment Sales and Parking Permit and Meter
revenue net of Department Fees and Investment Earnings are up a net of $81,600.
Mortgage tax is down $114,900. Recreation fees are up $175,000. Property Rentals are
down $200,500 due to the aforementioned Con Ed lease payment and the cancellation of the
Nextel leases; State Aid is down $495,700 since the 2013-2014 figures included FEMA aid.
The actual collection of Village taxes through February 28, 2015 is at 99.46% which
is up 0.17% from the last year’s collection percentage of 99.29%.
********
Upon motion entered by Trustee Martin, and seconded by Trustee Brodsky, the
following resolution to schedule a Public Hearing on the Fiscal Year 2015-2016 Tentative
Budget was adopted by a unanimous vote:
WHEREAS, pursuant to New York State Village Law §5-508 (3), a public hearing
must be held on the Fiscal Year 2015-2016 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 14, 2015 at 8:00 PM in Rutherford Hall in Village
Hall to receive comments on the Fiscal Year 2015-2016 Tentative
Budget filed on March 20, 2015; and be it further
RESOLVED, that the Village Clerk is hereby directed to publish notice of said
hearing pursuant to Village Law.
Village Board of Trustees 03-24-2015 123
********
Responding to a question from Mayor Steves as to when the budget will be available for
public review, Village Treasurer McClure stated that the 2015-16 FY Budget is available on line
at www.scarsdale.com both in the Hot Topics section and under the Treasurer’s section. She
will be sending a copy of the Budget over to the Scarsdale Library for review, but it is available
and has been available on the Village’s website since yesterday.
********
Upon motion entered by Trustee Martin, and seconded by Trustee Pekarek, the
following resolution Authorizing the Issuance Pursuant to Section 90.10 or Section 90.00 of the
Local Finance Law of Refunding Bonds of the Village of Scarsdale, Westchester County, New
York, and Providing for Other Matters in Relation Thereof was adopted by the vote indicated
below:
WHEREAS, the Village of Scarsdale, Westchester County, New York (the
“Village”) heretofore issued an aggregate principal amount of $2,000,000 Public
Improvement (Serial) Bonds, 2004, dated September 15, 2004 (the “2004 Bonds”) and of
which there are presently $1,420,000 aggregate principal amount outstanding, maturing on
September 15 in each of the following years and amounts;
Year Amount Year Amount
2015 $ 75,000 2022 $105,000
2016 80,000 2023 105,000
2017 80,000 2024 110,000
2018 85,000 2025 115,000
2019 90,000 2026 120,000
2020 95,000 2027 125,000
2021 100,000 2028 135,000
WHEREAS, it appears that it would be in the public interest to refund all
$1,420,000 principal amount of the 2004 Bonds maturing in the years 2015 through 2028
(the “2004 Refunded Bonds”) by the issuance of refunding bonds pursuant to Section 90.00
or Section 90.10 of the Local Finance Law; and
WHEREAS, the Village heretofore issued an aggregate principal amount of
$3,000,000 Public Improvement (Serial) Bonds, 2007, dated November 15, 2007 (the “2007
Bonds”) and of which there are presently $1,985,000 aggregate principal amount
outstanding, maturing on November 15 in each of the following years and amounts;
Year Amount Year Amount
2017 $145,000 2023 $185,000
Village Board of Trustees 03-24-2015 124
2018 150,000 2024 195,000
2019 160,000 2025 205,000
2020 165,000 2026 210,000
2021 170,000 2027 220,000
2022 180,000
WHEREAS, it appears that it would be in the public interest to refund all
$1,985,000 principal amount of the 2007 Bonds maturing in the years 2017 through 2027
(the “2007 Refunded Bonds”) by the issuance of refunding bonds pursuant to Section 90.00
or Section 90.10 of the Local Finance Law; and
WHEREAS, it appears that each of the refundings of the 2004 Refunded Bonds, and
the 2007 Refunded Bonds (collectively, the “Refunded Bonds”), will result in present value
savings in debt service as required by Section 90.00 or Section 90.10 of the Local Finance Law;
NOW, THEREFORE, BE IT
RESOLVED, by the Board of Trustees of the Village of Scarsdale, Westchester
County, New York, as follows:
Section 1. For the object or purpose of refunding the $3,405,000 aggregate
outstanding principal balance of the Refunded Bonds, or a portion thereof, including
providing moneys which, together with the interest earned from the investment of
certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to
pay (i) the principal amount of the Refunded Bonds, (ii) any redemption premiums on
the Refunded Bonds at their respective call dates, (iii) the aggregate amount of interest
payable on the Refunded Bonds to and including the date on which the Refunded
Bonds either maturing or are to be called prior to their respective maturities in
accordance with the Refunding Financial Plan, as hereinafter defined, (iv) the costs and
expenses incidental to the issuance of the refunding bonds herein authorized, including
the development of the Refunding Financial Plan, as hereinafter defined, compensation
to the Purchaser, as hereinafter defined, costs and expenses of executing and
performing the terms and conditions of the Escrow Contract, as hereinafter defined,
and fees and charges of the Escrow Holder, as hereinafter mentioned, and (v) any
premium or premiums for a policy or policies of municipal bond insurance for the
refunding bonds herein authorized, or any portion thereof, there are hereby authorized
to be issued up to $3,900,000 refunding bonds of the Village pursuant to the provisions
of Section 90.00 or Section 90.10 of the Local Finance Law (the “Public Improvement
Refunding Bonds or, sometimes, the “Refunding Bonds”), it being anticipated that the
aggregate amount of Refunding Bonds actually to be issued will be approximately
$3,655,000 as provided in Section 3 hereof. As indicated in the Refunding Financial
Plan, as hereinafter defined, the Refunding Bonds shall be divided into two series of
tax-exempt bonds. These two series of Refunding Bonds shall be combined for
purposes of sale and be designated substantially “PUBLIC IMPROVEMENT
REFUNDING (SERIAL) BOND”, or such other designation as shall be determined
by the Village Treasurer, including a year, and a series designation, shall be dated May
16, 2015, or such other date or dates as shall hereafter be determined by the Village
Village Board of Trustees 03-24-2015 125
Treasurer pursuant to Section 3 hereof, shall be of the denomination of $5,000 or any
integral multiple thereof not exceeding the principal amount of each respective
maturity, and shall mature annually on September 15 in each of the years 2015 through
2028, or such other dates as the Village Treasurer shall hereafter determine pursuant to
Section 3 hereof, and shall bear interest payable on March 15 and September 15,
commencing September 15, 2015, or such dates as the Village Treasurer shall hereafter
determine pursuant to Section 3 hereof, at the rate or rates of interest per annum as
may be necessary to sell the same, all as shall be determined by the Village Treasurer.
The Refunding Bonds may, if so determined by the Village Treasurer pursuant to
Section 3 hereof, be subject to redemption prior to maturity upon such terms as the
Village Treasurer shall prescribe, which terms shall be in compliance with the
requirements of Section 53.00 of the Local Finance Law. If less than all of the
Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds
of such maturity to be redeemed shall be selected by the Village by lot in any
customary manner of selection as determined by the Village Treasurer. Notice of
such call for redemption shall be given by mailing such notice to the registered
owners not more than sixty (60) nor less than thirty (30) days prior to such dates.
Notice of redemption having been given as aforesaid, the bonds so called for
redemption shall, on the dates for redemption set forth in such call for redemption,
become due and payable, together with interest to such redemption dates, and
interest shall cease to be paid thereon after such redemption dates.
The Refunding Bonds shall be issued in registered form and shall not be registerable
to bearer or convertible into bearer coupon form. Principal of the Refunding Bonds
shall be payable to the registered owners as shall hereafter be determined by the
Village Treasurer. Principal and interest on the Refunding Bonds will be payable in
lawful money of the United States of America. The Refunding Bonds shall be
executed in the name of the Village by the manual or facsimile signature of the
Village Treasurer, and a facsimile of its corporate seal shall be impressed, imprinted,
affixed or otherwise reproduced thereon and may be attested by the manual or
facsimile signature of the Village Clerk. In the event of facsimile signatures by the
Village Treasurer and/or the Village Clerk, the Refunding Bonds shall be
authenticated by the manual signature of an authorized officer or employee of a bank
or trust company acting in the capacity of the fiscal agent for the Refunding Bonds,
and the Village Treasurer is hereby authorized to enter into an agreement or
agreements containing such terms as he shall deem proper with a bank or trust
company to perform the services described in Section 70.00 of the Local Finance
Law. The Refunding Bonds shall contain the recital required by subdivision 4 of
paragraph j of Section 90.10 of the Local Finance Law and the recital of validity
clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be
in such form and contain such recitals, in addition to those required by Section 51.00
of the Local Finance Law, as the Village Treasurer shall determine. It is hereby
determined that it is to the financial advantage of the Village not to impose and
collect from registered owners of the Refunding Bonds any charges for mailing,
shipping and insuring bonds transferred or exchanged, and, accordingly, pursuant to
Village Board of Trustees 03-24-2015 126
paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so
collected.
Section 2. It is hereby determined that:
(a) the maximum amount of the Refunding Bonds authorized to be issued
pursuant to this Resolution shall not exceed the limitation imposed by subdivision 1 of
paragraph b of Section 90.10 of the Local Finance Law;
(b) the maximum periods of probable usefulness permitted by law at the time of
the issuance of the Refunded Bonds for objects or purposes for which the Refunded
Bonds were issued are as shown on Schedule B attached hereto;
(c) the last installment of each series of the Public Improvement Refunding Bonds
will mature not later than the expiration of the period of probable usefulness of each
object or purpose, or the weighted average of the periods of probable usefulness of
objects or purposes, for which the Refunded Bonds of such series were issued in
accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 of the
Local Finance Law; and
(d) the estimated present value of the total debt service savings anticipated as a
result of the issuance of the Refunding Bonds, computed in accordance with the
provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law,
is as shown in the Refunding Financial Plan described in Section 3 hereof.
Section 3. The financial plan for the refunding authorized by this Resolution,
showing the sources and amounts of all moneys required to accomplish such refunding,
the estimated present value of the total debt service savings and the basis for the
computation of the aforesaid estimated present value of total debt service savings, are
set forth in Schedule A attached hereto and hereby made a part of this Resolution (the
“Refunding Financial Plan”). The Refunding Financial Plan has been prepared based
upon the assumption that the Refunding Bonds will be issued in the principal amount
of $3,655,000 and that the Refunding Bonds will mature, be of such terms, and bear
interest as set forth in Schedule A. This Board of Trustees recognizes that the amount
of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the
Refunding Bonds to be issued by the Village will probably differ from such
assumptions and that the Refunding Financial Plan will also probably differ from that
attached hereto as Schedule A. The Village Treasurer is hereby authorized and directed
to determine the amount of the Refunding Bonds to be issued, the dates of such bonds
and the dates of issue, maturities and terms thereof, the provisions relating to the
redemption of Refunding Bonds prior to maturity, if any, whether the Refunding
Bonds will be insured by a policy or policies of municipal bond insurance, whether the
Refunding Bonds shall be sold at a discount in the manner authorized by paragraphs e
and f of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be
borne thereby, and to prepare, or cause to be provided, a final Refunding Financial Plan
for the Refunding Bonds, and all powers in connection therewith are hereby delegated
to the Village Treasurer; provided, that the terms of the Refunding Bonds to be issued,
including the rate or rates of interest borne thereby, shall comply with the requirements
of Section 90.10 of the Local Finance Law. The Village Treasurer shall file a copy of
Village Board of Trustees 03-24-2015 127
the certificate determining the details of the Refunding Bonds and the final Refunding
Financial Plan with the Village Clerk not later than ten (10) days after the delivery of the
Refunding Bonds, as herein provided. The Village Treasurer shall file the certificate,
approved by the State Comptroller, setting for the present value of the total debt service
savings from the issuance of the Refunding Bonds, with the Village Clerk as required by
paragraph f of Section 90.10 of the Local Finance Law.
Section 4. Pursuant to the provisions of paragraph a of Section 56.00 of the Local
Finance Law, the power to determine whether to issue the Refunding Bonds having
substantially level or declining annual debt service, as provided in paragraph d of
Section 21.00 and in paragraph c of Section 90.10 of the Local Finance Law, is hereby
delegated to the Village Treasurer. All other delegable matters relating to such
Refunding Bonds to be issued by said Village are hereby delegated to the Village
Treasurer.
Section 5. The Village Treasurer is hereby authorized and directed to enter into
an escrow contract (the “Escrow Contract”) with a bank or trust company located
and authorized to do business in the State of New York as he shall designate (the
“Escrow Holder”) for the purpose of having the Escrow Holder act, in connection
with the Refunded Bonds, as the escrow holder to perform the services described in
Section 90.10 of the Local Finance Law. The Village is also authorized and directed
to enter into a contract with a verification agent in connection with the issuance of
the Refunding Bonds
Section 6. The faith and credit of said Village of Scarsdale, Westchester County,
New York, are hereby irrevocably pledged to the payment of the principal of and
interest on the Refunding Bonds as the same respectively become due and payable. An
annual appropriation shall be made in each year sufficient to pay the principal of and
interest on such bonds becoming due and payable in such year. There shall annually be
levied on all the taxable real property in said Village a tax sufficient to pay the principal
of and interest on such bonds as the same become due and payable.
Section 7. All of the proceeds from the sale of the Refunding Bonds, including the
premium, if any, but excluding accrued interest thereon, shall immediately upon receipt
thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Any
accrued interest on the Refunding Bonds shall be paid to the Village Treasurer to be
expended to pay interest on the Refunding Bonds on their first interest payment dates
as may be determined in accordance with Section 3 hereof. Such proceeds as are
deposited in the escrow deposit fund to be created and established pursuant to the
Escrow Contract, whether in the form of cash or investments, or both, inclusive of any
interest earned from the investment thereof, shall be irrevocably committed and
pledged to the payment of the principal of and interest on the Refunded Bonds in
accordance with Section 90.10 of the Local Finance Law, and the holders, from time to
time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow
Holder. Such pledge and lien shall become valid and binding upon the issuance of the
Village Board of Trustees 03-24-2015 128
Refunding Bonds and the moneys and investments held by the Escrow Holder for the
Refunded Bonds in the escrow deposit fund shall immediately be subject thereto
without any further act. Such pledge and lien shall be valid and binding as against all
parties having claims of any kind in tort, contract or otherwise against the Village
irrespective of whether such parties have notice thereof.
Section 8. Notwithstanding any other provision of this Resolution, so long as any
of the Refunding Bonds shall be outstanding, the Village shall not use, or permit the use
of, any proceeds from the sale of the Refunding Bonds in any manner which would
cause any Refunding Bond issued as a tax-exempt bond to be an “arbitrage bond” as
defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the
extent applicable, the Regulations promulgated by the United States Treasury
Department thereunder as then in effect. The Refunding Bonds shall be sold at private
sale to a purchaser to be selected by the Village Treasurer or, at the election of the
Village Treasurer, to the successful bidder at public sale (in either case, the “Purchaser”)
for a purchase price to be determined by the Village Treasurer (or in the case of a public
sale, by public bid), plus accrued interest from the date of the Refunding Bonds to the
date of the delivery of and payment for the Refunding Bonds. Approval of the terms
and conditions of such sale by the State Comptroller shall be obtained if and as required
by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law. After the
Refunding Bonds have been duly executed, they shall be delivered by the Village
Treasurer to the Purchaser in accordance with a purchase contract to be entered into
with the Purchaser, or according to the terms of the notice of sale, as the case may be.
Section 9. In accordance with the provisions of Section 53.00 and of paragraph h
of Section 90.10 of the Local Finance Law, the Village hereby elects to call in and
redeem all 2004 Refunded Bonds on June 15, 2015 and all 2007 Refunded Bonds on
November 15, 2016, or such later date or dates as shall be determined by the Treasurer
in accordance with the final Refunding Financial Plan. The sums to be paid on such
redemption dates shall be the par value of the called Refunded Bonds, plus interest,
without premium. The Escrow Agent for the Refunded Bonds is hereby authorized
and directed to cause notice of such call for redemption to be given in the name of the
Village in the manner and within the times provided in or otherwise applicable to the
Refunded Bonds. Such notices of redemption shall be in substantially the forms to be
attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the
election to call in and redeem the callable Refunded Bonds and the direction to the
Escrow Agent to cause notice thereof to be given as provided in this paragraph shall
become irrevocable, provided that this paragraph may be amended from time to time as
may be necessary in order to comply with the publication requirements of paragraph a
of Section 53.00 of the Local Finance Law, or any successor law thereto.
Section 10. The Village Treasurer and all other officers, employees and agents of
the Village are hereby authorized and directed for and on behalf of the Village to
execute and deliver all certificates and other documents, perform all acts and do all
Village Board of Trustees 03-24-2015 129
things required or contemplated to be executed, performed or done by this Resolution
or any document or agreement approved hereby.
Section 11. All other matters pertaining to the terms and conditions of issuance of
the Refunding Bonds shall be determined by the Village Treasurer and all powers in
connection thereof are hereby delegated to the Village Treasurer.
Section 12. The validity of the Refunding Bonds may be contested only if:
1. Such obligations are authorized for an object or purpose for which said Village
is not authorized to expend money, or
2. The provisions of law which should be complied with at the dates of
publication of this Resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the dates of such publication, or
3. Such obligations are authorized in violation of the provisions of the
Constitution.
Section 13. A summary of this Resolution, which takes effect immediately, shall be
published in full in The Scarsdale Inquirer, the official newspaper of said Village,
together with a notice of the Village Clerk in substantially the form provided in Section
81.00 of the Local Finance Law.
AYES NAYS ABSENT
Trustee Brodsky None None
Trustee Lee
Trustee Martin
Trustee Pekarek
Trustee Samwick
Trustee Stern
Mayor Steves
********
Upon motion entered by Trustee Martin, and seconded by Trustee Samwick, the
following resolution regarding Authorization to Execute Third Party Custodian Agreement for
Collateralized Municipal Deposits was adopted by a unanimous vote:
WHEREAS, pursuant to the Village’s Investment Policy # 501 (Investment
Policy) and §10 of New York State General Municipal Law all public
deposits in excess of the amount insured under the provisions of the
Federal Deposit Insurance Act shall be secured by a pledge of eligible
securities with an aggregate amount of market value at least equal to
the aggregate amount of such excess; and
Village Board of Trustees 03-24-2015 130
WHEREAS, the Investment Policy and New York State General Municipal Law
further require that a security and custodial agreement be executed
with the depository bank or trust company; and
WHEREAS, the Village Treasurer was notified that the Village’s current
depository bank, HSBC Bank USA, N.A. (“HSBC”) is desirous of
appointing the Bank of New York Mellon (“BNY Mellon”) to
replace J.P. Morgan Chase, N.A., as its Third Party Custodian, to
establish and maintain a Custodial Account of eligible collateral as
pledged by HSBC to the Village; and
WHEREAS, HSBC has proffered a new tri-party security and custodial agreement
between the Village, HSBC and BNY Mellon, which is consistent
with the New York State Comptroller’s model agreement, said
agreement reviewed and approved by the Village Treasurer and
approved as to form by the Village Attorney; now therefore be it
RESOLVED, that the Village Manager is herein authorized to execute a security
and custodial agreement with HSBC Bank USA, N.A., as depository
and the Bank of New York Mellon as custodian of the Village’s
deposits, in substantially the same form as attached hereto; and be it
further
RESOLVED, that the Village Manager shall undertake all administrative acts as may
be required under said agreement.
********
Other Committee Reports
None.
********
Liaison Reports
None.
********
Future Meeting Schedule
Thursday, March 26, 2015 – Committee of the Whole – 7:30 P.M. – 3rd Flr. Mtg. Rm.
Thursday, April 2, 2015 – Personnel Committee – 6:00 P.M. – Trustees’ Room
Tuesday, April 14, 2015 – Agenda Committee Meeting – 7:30 P.M. – Trustees’ Room
Village Board of Trustees 03-24-2015 131
Tuesday, April 14, 2015 – Village Board Meeting – 8:00 P.M. – Rutherford Hall
********
There being no further business to come before the Board, Deputy Mayor Brodsky
moved to adjourn the meeting, seconded by Trustee Lee and carried by a unanimous vote at
10:15 P.M.
Donna M. Conkling
Village Clerk
Get email alerts for Scarsdale
A daily email when new agendas and minutes are posted.