Board of Trustees
Regular MeetingScarsdale, NY · April 14, 2015
Minutes
Village Board of Trustees 04 -14-2015 132
THREE THOUSAND TWO HUNDRED TWENTY-NINTH
REGULAR MEETING
Rutherford Hall
Village Hall
April 14, 2015
A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in
Rutherford Hall in Village Hall on Tuesday, April 14, 2015 at 8:00 P.M.
Present were Mayor Mark, Trustees Callaghan, Finger, Lee, Pekarek, Samwick (arrived
8:20 P.M.) 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 24, 2015
were approved on a motion entered by Trustee Lee, seconded by Trustee Pekarek, and
carried unanimously.
********
Bills & Payroll
Trustee Callaghan stated that he had audited the Abstract of Claims dated April 14,
2015 in the amount of $592,707.03 which includes $26,294.87 in Library Claims previously
audited by a Trustee of the Library Board which were found to be in order and he moved
that such payment be ratified.
Upon motion duly made by Trustee Callaghan and seconded by Trustee Lee, the
following resolution was adopted unanimously:
RESOLVED, that the Abstract of Claims dated April 14, 2015 in the amount of
$592,707.03 is hereby approved.
Trustee Callaghan further reported that he had examined the payment of bills made in
advance of a Board of Trustees audit totaling $642,154.40 which were found to be in order and
he moved that such payment be ratified.
Upon motion duly made by Trustee Callaghan and seconded by Trustee Lee, the
following resolution was adopted unanimously:
Village Board of Trustees 04 -14-2015 133
RESOLVED, that payment of claims made in advance of a Board of Trustees audit
totaling $642,154.40 is hereby ratified.
********
Mayors Comments
Mayor Mark stated that this being his first meeting, he didn’t have a lot to say other
than he was very happy to be here and didn’t feel a need to prolong his comments. He
welcomed Trustee Callaghan and Trustee Finger as new members of the Board. He also
welcomed Trustee Stern back and he is glad to see Trustees Pekarek and Lee again.
In terms of comments on the Village, he stated that he would limit himself to one
word: roads. The Board just had a very spirited agenda meeting discussing the state of the
roads. We all drive on the same roads in Scarsdale. This Board and this Mayor is very much
aware of the very poor condition of many of the roads in the Village. The Board is also
reminded of that, rightfully so, by the residents. We will have in the budget after action that
is proposed to be taken this evening $1.298 million for the year that will end in May to repair
roads. That will cover roughly about 3.5 miles of roads and should allow the most egregious
situations to be addressed. In the meantime, as some residents may be aware there have
been three DPW trucks out for the last month and a half repairing potholes as they come
across them, and responding to residents who call in about specific potholes. The Village is
addressing this issue in the short term. If there needs to be a longer term solution to be
considered the Board will consider although he pointed at least in this temperate zone,
winters happen every year. Some are more severe than others and so depending on the
severity of the winter, the Village will have to face potholes on the roads for years to come
no matter what is done about them.
Mayor Mark asked the residents to bear with the Village as they are working on the
problem of potholes. The Board will address the roads as best they can with the resources
that they have.
********
Managers Comments
None.
********
Public Hearing
Trustee Finger stated that pursuant to a resolution previously adopted by the Board.
This Fiscal Year 2015-16 Tentative Budget is scheduled for a public hearing this evening. The
Tentative budget has been filed and is available for public inspection. The Budget includes an
Village Board of Trustees 04 -14-2015 134
increase which falls under the 2% Tax Cap and subject to public comments this evening the
Board will adopt the budget at the April 28th meeting. He then opened the public hearing for
comments.
Robert Harrison, 65 Fox Meadow Road, asked if the public hearing on the budget
would be continued at the next meeting of the Village Board on April 28th.
Mayor Mark replied that typically there wouldn’t be.
Mr. Harrison commented on the excellent work done on this budget by the Village
Manager and his staff and the previous Board and the new Board will adopt it.
Speaking as a member of Scarsdale Taxpayer Alert, Mr. Harrison stated that he has
probably studied every Village budget since he has been in Scarsdale for 34 years. Scarsdale
Taxpayer Alert strongly supports the budget and congratulated the Board and staff on a job
well done.
Susie Rush, President, League of Women Voters of Scarsdale, submitted the
following statement regarding the 2015-2016 Tentative Budget on behalf of the League:
“The League of Women Voters of Scarsdale (the “League” or “LWVS”) held a membership
meeting on Monday, March 30, 2015 to evaluate the 2015-2016 Tentative Village Budget. We thank
Village Manager Al Gatta, Deputy Village Manager Steve Pappalardo, Village Treasurer Mary Lou
McClure, Trustee Deb Pekarek and then Mayor-Elect Jonathan Mark and Trustee-Elect Matthew
Callaghan for attending the meeting and addressing our questions related to the proposed budget, as
well as potential issues going forward.
The League supports the proposed FY 2015-2016 budget. We commend the Village staff,
Mayor Steves, the Board of Trustees (the “Board”) and it’s Finance Committee for conducting a
well-managed, thoughtful process and proposing a budget that evidences careful planning, taking
into consideration both the current and the anticipated needs of the Village.
The proposed tax rate is 4.5124%, which corresponds to a tax bill increase of approximately
$144 for a homeowner with an average assessed property value of $1,398,818. The budget proposes
a 3.33% increase (~$1,766,600) in expenditures from the 2014-2015 adopted budget. Other
highlights of the proposed budget include:
• For the first time since enactment of the state tax cap law, the proposed tax levy increase of
2.59% is below the allowable cap (2.68%); this would be a tax rate increase of approximately
1.06% over the last fiscal year;
• The number of positions, services and programs are maintained at current levels, with no
increases absent new revenue to support added cost;
• Contracts with the unions representing employees of the Police Department, Fire Department,
Public Works Department (Teamsters) and Public Works Department (Trades) were executed;
Village Board of Trustees 04 -14-2015 135
contracts for the Civil Service Employees Association (CSEA) Village Hall employees, CSEA
Library employees and the Crossing Guards remain to be settled; and
• Non-controllable costs, such as employee pension contributions, health, liability and workers’
compensation insurance premiums, and federal, state and county regulatory costs continue to
remain high and/or increase.
Village Property Revaluation Projects
The League commends the Village for completing the municipal-wide property value reassessment
in 2014 (the “2014 Revaluation”) and was encouraged to hear the Village Manager opine that the
project greatly reduced inequities among property owners. Mr. Gatta stated that the project to
update the 2014 Revaluation, approved by the Board this year and planned for 2016 (the “2016
Revaluation Update”) is necessary to address the properties that are “outliers” and thereafter he
hoped that the Board will conduct reassessments on a regular basis (e.g., on a 5-year cycle). The
League appreciates that the Board appears to be receptive to undertaking regular future revaluations,
and strongly encourages the Board to continue to keep its residents apprised of the progress of the
2016 Revaluation Update.
Capital Projects
The Board plans to go ahead with several new and continuing capital projects in FY 2015-2016,
including:
• certain road resurfacing, curb replacement and tree planting;
• purchase of new or refurbishment of existing Public Works vehicles and other equipment;
• installation of an emergency backup generator for Village Hall;
• purchase of equipment for the Scarsdale cable TV studio;
• purchase of computer equipment and a backup system upgrade for the Village Hall and Public
Safety buildings;
• water system maintenance and improvements;
• storm water drainage maintenance and improvements;
• sanitary sewer maintenance and improvements; and
• design and construction of a comfort station at the Middle School tennis courts.
There are other capital projects that the Board has decided to defer, some of which have been
considered and deferred for several years now. Although the League appreciates that the Board
maintains a 5-year capital plan and aims to maintain debt service as level as possible, the League
remains concerned about the continued deferral of certain capital projects, including:
• more extensive road resurfacing and curb replacement;
• acquiring new equipment and vehicles for the Department of Public Works;
• renovating the third floor in Village Hall and addressing security issues in Rutherford Hall;
• addressing structural issues at the Freightway Garage, which the League recognizes are
becoming especially pressing;
• upgrading/installing security cameras at the Christie Place and Freightway Garages; and
• removing the underground storage tank at Village Hall.
The League urges the Board to seriously consider the long-term economic implications of
continuing to forego these necessary projects. We recognize that the decision to defer these projects
Village Board of Trustees 04 -14-2015 136
is a result of the Board’s efforts to minimize property tax increases in the current economic
environment and in light of the state tax cap law, and we appreciate the efforts the Village Manager
and Department heads (“Village Management”) have made to find cost-effective ways to address
certain short-term needs. However, the League believes that the continued deferral of certain
repairs, renovations and improvements to village infrastructure since the economic downturn in
2008 (e.g., the less than optimal funding for the annual road repaving program as well as inadequate
funding for unexpected road and curb repairs caused by extreme weather conditions) may result in
more complicated and costly problems in the future.
Village Staff
The League was pleased to hear the Village Manager report that the new sick leave policy
implemented within the Fire Department last year has resulted in materially lower average sick days
and lost shifts for the remainder of last year compared to years past, and we look forward to further
analysis of the policy’s implementation and effectiveness.
We note the Village Manager stated that with the salary and benefit packages that Scarsdale
currently offers in the Board’s continuing efforts to keep costs low, it is becoming more difficult to
recruit quality employees to non-union department management positions, and we are concerned
about the potential implications.
Educate and Engage the Community
The League acknowledges that the Board and Village Management must consider many
factors and make difficult decisions to create the annual budget; residents wish to preserve our
independent “village in a park”, while the state government is exerting mounting pressure on
municipalities like Scarsdale to merge or consolidate services, thus compromising the ability to self-
govern. However, the League exhorts the Board to base its budgeting decisions—including whether
to exceed the tax cap in future fiscal years-- primarily on the values of our community rather than
external factors.
In our statements reviewing each proposed Village budget since 2008, the League has
commended the Board and Village Management for continuing to provide services to the
community at a level consistent with prior years while minimizing spending and keeping tax rate
increases relatively low. We reiterate that commendation with regard to the 2015-2016 Tentative
Budget and also recognize the remarkable job Village Management has done in seeking and securing
county, state and national grants to fund several critical capital projects in Scarsdale. The League
also has repeatedly acknowledged that striking this balance has become increasingly difficult in the
face of the tax cap and tax freeze laws, ever-increasing state-mandated costs and pressure from the
Governor on municipalities to share services and/or consolidate, in part by not making grant
monies available to municipalities who resist consolidation. This year the Village Manager and
Treasurer have stated clearly that this balancing act is not sustainable:
It is important to emphasize that the total General Fund Budget for 2015-2016 will represent an eight-
year span (2008-2009 to 2015-2016) where the expenditures have only grown at an annual average of
3.75%, a condition that makes it difficult to provide the level of services [to] which residents are accustomed.
The increases and high costs for pension benefits, healthcare, wages and debt service cannot be sustained
Village Board of Trustees 04 -14-2015 137
without reasonable increases in the Village non-property tax revenues. The only option is to tax
ourselves at a greater rate, or to accept a reduction of current service levels.
(Emphasis added)
The League recommends that the Board and Village Management make a greater effort at
the outset of the budget process to:
(1) ascertain the overall sense in the community regarding the relative values residents attach
to village-provided services and capital projects, including by proactively soliciting widespread
community input on which services, projects and resources the community values and is willing to
support with taxes, and which it would be willing to eliminate or scale back or, alternatively, pay for
on a fee-for-service basis;
(2) educate the community about the costs associated with village-provided services and
capital projects, and which services/projects would have to be deferred or downgraded in the
upcoming fiscal year if the Board were to propose a budget that is at or under the tax cap; and
(3) Solicit community feedback regarding the circumstances under which residents would be
willing to exceed the state tax cap.
The League is pleased to learn that Mayor Mark is looking to use the reinvigorated Scarsdale
Public TV channel to update the community about relevant issues. The League encourages the
Board and the Village Manager to do so on a regular basis (at least monthly), and to work with all
willing community organizations to educate and solicit feedback from residents as outlined above.
In conclusion, we thank you for the invaluable assistance and cooperation that was
extended to us in our study of the proposed budget. We commend the Board and Village
Management on the timeliness and quality of the data and analysis provided during the
budget process and applaud the professionalism and dedication with which the Village
Manager, Deputy Village Manager, Village Treasurer, Former Mayor Steves and the Trustees
developed the 2015-2016 Tentative Budget. Thank you for considering our comments.”
As there were no further comments offered for the public hearing, Trustee Finger
moved to close the public hearing, seconded by Trustee Lee and carried by a unanimous
vote.
********
Public Comments
Robert Harrison, Chairman Scarsdale Taxpayer Alert stated that he would like to
congratulate new Mayor Mark and new Trustees Callaghan and Finger; he also congratulated
Trustee Stern on his reelection.
Village Board of Trustees 04 -14-2015 138
Mr. Harrison stated that newly elected Boards can make changes as conditions
change. This newly elected Board has four members who did not vote on the authorization
to spend $245,000 for a 2016 reval and he did not expect them to do anything tonight;
however, he hoped that the new Board will discuss and meet with members of the
community who feel strongly that it was not the right thing to do. This was a no-bid
contract awarded to the individual that acted as the monitor to the 2014 reval and was paid
$110,000.
Mr. Harrison stated that he felt Mr. Ryan’s presentation for the 2016 reval was weak.
He watched the presentation on television again last night on channel 75 and thought Mr.
Ryan flip-flopped; he talked about Florida where revals are done every year. We don’t live in
Florida. In New York State the recommended reval is every four years. The Village
Manager told Bob Berg and him at a meeting back several months ago that he had originally
recommended that the Village do a new reval in 2018. The results of the 2014 reval were
excellent, supported by people like him and Bob Berg and the Scarsdale Forum who did an
approximate 30 page report and were instrumental in getting the Village Board to approve a
reval. There are still over 500 cases/grievances outstanding that have to be resolved. They
cost time for our Assessor, Attorney, staff and any outside counsel that we may hire. And it
costs our residents money to hire an appraiser.
Mr. Harrison stated that he would hope that this Board would talk to Mr. Ryan and
push out the reval to 2018, that’s when it should be done. Not starting July 1st of this year.
There have been a number of written communications to the Board, close to 30 in
opposition to the reval and Scarsdale10583 has done an article on the ‘second revaluation’.
Residents have commented on that as well on the website of Scarsdale10583. He noted that
he sent the Board an email late this afternoon with a link to that article. He went over some
of the comments that were made on this website.
This is a new Board, four of the Board members did not vote on this; think about it,
talk about it, let’s have some public meetings. None of the Committee meetings were
videotaped, the night the resolution was adopted was not a public hearing. Three people
spoke against it – Bob Berg, Bob Harrison, and Howard Nadel, all active members of the
Scarsdale Forum. We asked at that time that the resolution be tabled for further thought
and it fell on deaf ears. The process was not good and most people did not even know the
Board was considering the new reval.
Mr. Harrison noted that he received his new County tax bill and the increase was
approximately 8%. The answer is because Scarsdale did a reval and the values went up
compared to the rest of the County. And now there will be another reval? There will be a
similar situation; we should wait until 2018.
Lastly, Mr. Harrison stated that he filed some FOIL requests and one of the answers
were very disturbing. He asked for any written material from J.F. Ryan Associates, any
brochures or marketing materials, any lists of other communities that he has worked in and
the answer to that request was that there was no such information. This was a no bid
Village Board of Trustees 04 -14-2015 139
contract for $245,000. It doesn’t smell right; we should take another look at this and push it
back to 2018.
Robert Berg, 32 Tisdale Road, stated that he was delighted to welcome Mayor Mark
and Trustees Callaghan and Finger to the Board and hoped to be working with everyone
going forward on various issues.
He stated that he would like to speak very briefly about the proposed 2016 reval. He
feels that the prior Board reached the wrong decision in going ahead instead of waiting
another two years until 2018. He believed that this newly constituted Board should revisit
the decision. He was particularly troubled by the process leading to the 2016 revaluation
decision. There were two essentially unadvertised Committee meetings last fall. He is a
member of the Town Board of Assessment Review and Chair of the Forum’s Assessment
Revaluation Committee. He was unaware of those meetings as he was sure most other
residents were not aware. When he learned there would be a hearing earlier this year about
the resolution to approve the 2016 reval, he spoke at that hearing against a reval. No
resident has spoken in favor of doing the 2016 reval. After the public comment period, the
Board immediately voted in favor of doing the reval. It seemed to him to be a done deal
before any residents were really heard on this issue and he found that troubling.
After Trustee Samwick’s urging, J.F. Ryan came to the Village to discuss his plan for
the 2016 reval a few weeks ago. Mr. Berg stated that he found this presentation to be very
unconvincing and unimpressive. Particularly compared to when Tyler Technologies made
their presentation, which was far more impressive. He agreed with Mr. Harrison’s
impression of Mr. Ryan – Mr. Ryan couldn’t give a straight answer as to what he was going
to do and how his reval would improve upon the Tyler reval.
There are still 500+ grievances from the 2014 reval; until those are resolved the dust
has not settled from that reval. In his opinion, going forward in 2016 will further aggravate
residents without providing much increase, if any in the revaluations accuracy. A four year
revaluation cycle is what New York State recommends and he stated he thinks that is what
we should do here and go forward 2018. He asked this Board to reconsider the issue to
have another public hearing on this with ample public notice to get other residents’ views.
He noted that he has only heard negative comments about the 2016 revaluation.
As there were no further comments offered by the public, Mayor Mark closed the
public comments portion of the meeting.
********
Mayor Mark stated that he would like to respond to the comments made on the 2016
Reval as follows:
“I have followed this issue since it arose.
Village Board of Trustees 04 -14-2015 140
Among other things, I have read letters from Messrs. Harrison and Mattioli; I read
the comments on Scarsdale 10583.com; the public comments by Messrs. Berg, Harrison and
Nadel at the Board of Trustees’ meeting of January 29, 2015; I viewed the Board of Trustees’
meeting of February 10, 2015 at which Mr. Harrison commented on the revaluation; I
attended the March 17, 2015 meeting of the Finance Committee; I’ve read the emails sent by
residents to the Board of Trustees. I have just listened to Mr. Harrison this evening as he
repeated his previously expressed views. In short, though I am just rejoining the Board, I
believe I am “current” on this issue.
Criticisms of the revaluation are being made on several grounds, some of which
we’ve heard tonight. These include that:
It is being done too soon after the 2014 revaluation;
One element of this point seems to be that with some grievances arising
from the 2014 revaluation still pending, the 2014 revaluation is not done yet;
The $245,000 price, payable over three years, is too expensive;
The money should be allocated to other things – most frequently mentioned
road repair;
The contract was not put out for competitive bid;
The firm chosen monitored the 2014 revaluation and should have done a
better job to point out any deficiencies.
The Village Manager once commented in an early meeting that doing a revaluation at
four year intervals was a New York State guideline with respect to mass appraisals
and therefore a revaluation conducted within a shorter time period was imprudent.
I believe we have heard all of those comments made again this evening.
It is understandable that all of these criticisms and comments are being raised. The
2014 revaluation was an enormous undertaking that had a significant impact on many
residents and the prospect of another revaluation soon after that effort is naturally a cause
for questions. At the Finance Committee meeting held on March 17, 2015, Mayor Bob
Steves, the Trustees then in office and John Ryan of Ryan Associates, the firm engaged to do
the 2015-2016 revaluation, responded to these questions and listened to public comments by
residents. I attended the meeting and listened as well.
Hearing the questions and criticisms raised, I start by taking a step back to consider
the matter as a whole. The 2014 revaluation was a very ambitious project and long overdue.
The goal was to achieve a more equitable allocation of the property tax burden among
Village property owners. For the first time in 45 years, property data was updated parcel by
parcel. The cooperation of residents in getting that done was impressive and virtually
unprecedented. Over 95% of residents granted the appraisers access to their homes in aid of
the data collection process – an almost unheard of level of cooperation.
Village Board of Trustees 04 -14-2015 141
Following the data collection, new valuations were generated. These valuations were
essentially more than 5,900 opinions on values, namely the value of each property assessed
in the Village. No matter how methodically arrived at, any opinion, including an opinion on
property value, has a subjective aspect to it. Given that subjective quality, it is not surprising
that there would be some level of disagreement with some of the valuations arrived at in the
2014 revaluation. In addition, in light of the size and Village-wide scope of the 2014
revaluation it is also not unexpected that some level of errors in fact or judgment might
occur.
It is with this context I have considered the criticisms of the 2015-2016 revaluation.
I start with the benefits to be achieved from the present revaluation – a point its critics do
not seem to wish to weigh in the balance. In my view, the present effort represents a good
faith attempt to finish off what was largely completed in 2014. In that sense, I view it as an
effort to refine what was done utilizing the extensive and current data base compiled in that
process. It is expected to eliminate a number, though perhaps not all, of the inequities that
may still exist in the allocation of the property tax burden.
To the criticism that it is being done too soon after the 2014 revaluation, I respond
that the time to make such refinements and corrections is while the process is still fresh in
the minds of those who participated in the work and so maintain the focus on the issues to
be addressed. Delaying this re-look at the 2014 revaluation introduces the passage of time
into the process which can allow thoughts on what might be improved to be forgotten, fall
through the cracks or otherwise not be addressed as they might be. It will also allow the
Village to maintain and update, at lower cost, a market-value data base that is relatively
current year to year. This should improve the fairness of the allocation of property taxes
among Village residents for years into the future.
The fact that 950 grievances, representing approximately 16% of the properties
revalued, were triggered by the 2014 revaluation, does not mean that the 2014 revaluation is
not done. At this time, 371 cases remain open and it expected that these will be resolved in
due course. Grieving property valuations is a well-established process and the number of
grievances filed each year fluctuates as the result of a wide variety of factors. In terms of the
number of grievances presently cited, it is noted that in the years before the 2014 revaluation
the Village had experienced spikes in the number of grievances filed. In a comprehensive
report issued by the Scarsdale Forum in November 2010 that supported the initial
revaluation, it was noted that “The 2009 assessment roll was the first one to feel the brunt of
the collapse in real estate values following the 2008 financial meltdown. Grievances surged
to 551. On Grievance Day 2010, 756 grievances had been filed.” While the impetus in 2009
and 2010 was different, the effect was the same – an increase in the number of residents
who disagreed with the assessed value of their property. Therefore, while the fact that
disagreements were prompted by the 2014 revaluation is noteworthy, it does not persuade
me as reason for not doing the next revaluation. The pending matters will be resolved in
due course as they have been in prior years.
Village Board of Trustees 04 -14-2015 142
Criticism of no-bid contract: To this point there are several observations to be made
(most of which have been articulated by the prior Board). First, there is no legal
requirement that the contract be bid out, especially when the universe of potential vendors
with the requisite expertise was small as I understand was the case here. Second, Ryan
Associates has a base of information and experience about the 2014 revaluation that should
not be lightly dismissed or cast aside.
There was discussion at the March 17th Finance Committee meeting about the
methodology Tyler Technologies, the firm engaged to do the 2014 revaluation, chose to
emphasize in the 2014 revaluation. My take away from that discussion was that the method
they chose – the sales comparison approach -- is a reasonable one recognized in the industry.
The other method they referenced, but did not emphasize -- the market value approach -- is
also industry recognized. Whether to emphasize one method or another is a matter of
reasonable professional judgment. Therefore, I find no fault with Ryan Associates as the
monitor of Tyler for not arguing that a different emphasis be employed in doing the 2014
revaluation. Ryan’s job was not to be a second revaluation firm, but rather to provide
oversight that the 2014 revaluation was done within industry standards. They did that.
Rather than view Ryan Associates as somehow unfit for the process now planned, I choose
to view them as being in perhaps the best position to refine and correct judgments –while
reasonable when made – that appear in hindsight might be made differently. Doing so
should further improve the more equitable distribution of the property tax burden, which of
course was the goal of the revaluation.
Criticism of dollars to be spent: This issue was addressed at the March 17th Finance
Committee meeting as well. As Mayor Steves said, the entire budget process involves
making judgments on how tax dollars should be spent. It is worth noting that $85,000 of the
aggregate $245,000 was already budgeted for the 2014 revaluation and was not spent for that
process. Thus, from one perspective, the present revaluation will use an additional $160,000
of newly budgeted funds, not $245,000.
However, whatever number is focused upon, this project is no different from any
other budget item calling for the balancing of competing interests. As I noted in my
opening remarks, the Village is emerging from a rugged winter that decimated our roads.
We are aware of that situation every bump and swerve we make as we drive about town.
The Department of Public Works has been filling in potholes and will be doing road repair
all spring. As noted, with the agenda item to be acted upon this evening, we now will have
$1,298,800 available for road repair in this fiscal year. That should go a long way to
alleviating the most egregious situations.
The issue about the state of Village roads after the winter season is one that recurs
each year. Spending an additional $82,000 per year in each of the next three years will not
make a material difference in addressing this problem due to the simple fact that there is no
permanent fix for post-winter pot holes. This is a condition that arises on an annual basis in
varying degrees of severity depending, in part, on the severity of the winter. In contrast,
Village Board of Trustees 04 -14-2015 143
spending the budgeted funds for the revaluation should yield lasting benefits to the Village
for years to come.
Seizing on a single comment by the Village Manager and treating that comment as
dispositive as to the course of action to be pursued, simply ignores the extensive discussion
of this topic that has occurred and our particular circumstances. The reference made was to
“guidance” published by the NYS Office of Real Property Tax as follows: “An appraisal of
each parcel at full market value is conducted once every four years.”
A few observations about this:
The statement is “guidance.” It is not a law, rule or regulation.
The guidance given on the period between appraisals is “at least” every four years
which clearly implies that if a shorter period is appropriate under the circumstances, those
circumstances may be considered. The commentary on this guidance focuses on the
question of whether short-term trends may be dramatic enough to warrant a shorter
revaluation period.
The 2014 revaluation, by definition a unique event over a 45-year time span,
presented the sort of circumstances that reasonably suggested to the prior Board and Village
staff that varying from the NY State guidance might be warranted. It is now clear that after
several lengthy public meetings of the prior Board on this subject, Board and Village staff
thinking evolved to a consensus point of view to pursue the revaluation presently
contemplated within a shorter interval following the 2014 revaluation. I have summarized
what I believe those reasons are. Looking back at a single comment by the Village Manager
and taking it out of context of all that has transpired since it was made fails to give a
complete picture of the decision-making process. It is also frankly misleading to those who
may not be following the development of the thinking on this issue as closely as its vocal
critics.
In sum, I have heard the objections from a handful of outspoken residents about the
present revaluation and am not persuaded by their arguments that we should not go forward.
It is noted that not everyone who has commented publicly is opposed to the revaluation. In
particular, resident Michael Levine has expressed his support for the process as he publicly
stated at the March 17th Finance Committee meeting noting that he might do even more
than the present plan contemplates.
In closing, I appreciate the fact that residents have spoken out. By asking questions
such as the ones posed the prior Board had the opportunity to re-examine an important
Village decision in a public and transparent manner. The fact that we now have a new Board
in place does not mean that we should hit a reset button on this topic and disregard all the
good hard work that has been done. Rather we should build on that effort and therefore, in
my view, it is time to move on.”
Village Board of Trustees 04 -14-2015 144
********
Mayor Mark noted that Trustee Samwick joined the meeting at 8:20 P.M.
********
Mayor Steves and the Board of Trustees
ANNUAL MEETING RESOLUTIONS
The Mayor hereby appoints Trustee David Lee as Deputy Mayor, Trustee Marc
Samwick as Police Commissioner and Trustee Deborah Pekarek as Fire
Commissioner.
****************
The Mayor also appoints the following Board of Trustee Committee assignments:
Finance Committee Land Use Committee Law Committee
Trustee Samwick, CH Trustee Samwick, CH Trustee Lee, CH
Trustee Finger Trustee Lee Trustee Finger
Trustee Callaghan
Municipal Services Personnel Committee Recreation Committee
Committee Trustee Finger, CH Trustee Pekarek, CH
Trustee Stern, CH Trustee Callaghan Trustee Callaghan
Trustee Pekarek
Sustainability Committee Agenda Committee
Trustee Stern, CH Mayor Mark, CH
Trustee Pekarek All Trustees
The Mayor is an ex-officio member of all committees.
****************
The Mayor announces the following liaison assignments:
Callaghan: Town Board of Assessment Review; Board of Appeals; Council on People
with Disabilities; SVAC
Finger: Board of Ethics; Judicial Qualifications Advisory Committee; Village Historian;
Scarsdale Teen Center
Village Board of Trustees 04 -14-2015 145
Lee: Scarsdale Edgemont Family Counseling; Advisory Council on Youth; Task Force
on Drugs and Alcohol; Advisory Council on Scarsdale Senior Citizens; Scarsdale Arts
Council
Pekarek: Advisory Council on Parks and Recreation; Conservation Advisory Council,
Friends of the Scarsdale Parks; Junior League of Westchester; Scarsdale League of
Women Voters
Samwick: Board of Architectural Review; Chamber of Commerce; Planning Board;
Committee for Historic Preservation
Stern: Advisory Council on Technology, Cable Television Commission; Advisory
Council on Human Relations; Library Board
Mark: SNAP, Scouts, Scarsdale Community Support Council
********
The Mayor announces the following Neighborhood Association assignments:
Callaghan: Bramlee Heights, Murray Hill/Middle Heathcote
Finger: Colonial Acres, Secor Farms, Fox Meadow
Lee: Overhill, West Quaker Ridge, Greenacres
Pekarek: Arthur Manor, Drake Edgewood, Heathcote
Samwick: Sherbrook Park, Old Scarsdale, Crane-Berkley-in-Scarsdale
Stern: East Heathcote, Quaker Ridge, Scarsdale Meadows
Mark: SNAP
********
RESOLVED, that pursuant to the provisions of Section 57-1 of the Village Code, Alfred A.
Gatta is hereby appointed Village Manager for the current official year to a
term ending on or about June 1, 2015, and be it further
********
RESOLVED, that pursuant to the provisions of Section 57-1 of the Village Code,
Stephen M. Pappalardo is hereby appointed Assistant Village Manager and
appointed Deputy Village Manager pursuant to the provisions of Section 57-
3 of the Village Code for a term ending on or about June 1, 2015 and
Village Board of Trustees 04 -14-2015 146
appointed as Village Manager for a term beginning on or about June 1, 2015
for the remainder of the official year.
********
Mayor Mark paused between resolutions to congratulate the Village Manager
prematurely on his pending retirement and congratulate the Deputy Village Manager on
becoming the Village Manager after June 1, 2015.
********
The Village Clerk states that pursuant to the provisions of Section 4-402 of
Village Law, and the opinion of the State Comptroller 362, 1960, she hereby appoints
Veronica Regazzi as Deputy Village Clerk for the current official year.
********
Pursuant to the provisions of Section 4-400 of the Village Law, the Mayor
hereby appoints Maria Colotti as Deputy Village Treasurer for the current official
year.
RESOLVED, that the appointment of Maria Colotti as Deputy Village Treasurer for the
current official year is hereby approved.
********
Pursuant to the provisions of Section 4-400 of the Village Law, the Mayor
hereby appoints Wayne Esannason as Village Attorney for the current official year.
RESOLVED, that the appointment of Wayne Esannason as Village Attorney for the
current official year is hereby approved.
********
As a result of the interviews conducted by the Judicial Qualifications Advisory
Committee of December 14, 2014, and interviews conducted by the Mayor and Trustee Lee
for the replacement of Acting Justice Arlene Katz for an unexpired term ending in April
2015 and pursuant to the provisions of Section 3-301 and 4-400 of the Village Law, the
Mayor hereby appoints Joaquim Alemany as Acting Village Justice for the current official
year.
RESOLVED, that the re-appointment of Joaquim Alemany as Acting Village Justice for the
current official year is hereby approved.
********
Village Board of Trustees 04 -14-2015 147
Pursuant to the provisions of Section 11-c. of the New York State Domestic
Relations Law, the Mayor hereby appoints Miriam Levitt Flisser and Carolyn Stevens as
Marriage Officers for a two-year term ending April 3, 2017.
RESOLVED, that the Marriage Officers shall receive no compensation for performing
their duties, and be it further
RESOLVED, that the appointment of Miriam Levitt Flisser and Carolyn Stevens as
Marriage Officers for two-year terms ending April 3, 2017 or until such time
as a successor is appointed, is hereby confirmed.
********
Pursuant to the provisions of Section 4-400 of the Village Law, the Mayor hereby
appoints Eric Rothschild to serve as Village Historian for the current official year.
RESOLVED, that the appointment of Eric Rothschild to serve as Village Historian for a
term ending April 4, 2016 or until such time as a successor is appointed, is
hereby approved.
********
The Mayor hereby re-appoints Lucas Meyer to serve as Associate Village Historian
for a term ending April 4, 2016, or until such time as a successor is appointed.
The Mayor hereby appoints Jonathan Lerner to serve as Associate Village Historian
for a term ending April 4, 2016, or until such time as a successor is appointed.
********
The Mayor hereby re-appoints Edward Morgan as Chair of the Scarsdale Arts
Council for a term ending April 4, 2016 or until such time as a successor is appointed.
********
The Mayor hereby re-appoints Georgann M. Callaghan as Chair of the
Judicial Qualifications Advisory Committee for a term ending April 4, 2016 or until such
time as a successor is appointed
********
Upon motion duly made by Trustee Pekarek, and seconded by Trustee Lee, the
aforementioned Resolveds were approved by a unanimous vote.
********
Village Board of Trustees 04 -14-2015 148
Trustee Lee:
RESOLVED, that the regular meetings of the Board of Trustees of the Village of
Scarsdale for 2015-2016 be held in Rutherford Hall in Village Hall, located
on Post Road, between Crane and Popham Roads, on the second and fourth
Tuesdays of each month at 8:00 p.m. except during the months of July,
August, September, and December, and that special meetings may be called
by the Mayor as necessary, and be it further
RESOLVED, that the meetings for the months of July, August, September, December
2015, and March 2016 will be as follows:
July 14, 2015 8:00 P.M.
July 28, 2015 8:30 A.M. (Limited Agenda)
August 11, 2015 8:00 P.M.
August 25, 2015 8:30 A.M. (Limited Agenda)
September 8, 2015 8:00 P.M.
September 21, 2015 8:00 P.M.
December 8, 2015 8:00 P.M.
December 22, 2015 8:30 A.M. (Limited Agenda)
March 8, 2016 8:00 P.M.
March 22, 2016 8:30 P.M.
and be it further
RESOLVED, that the Agenda Committee of the Board of Trustees shall meet 30 minutes
prior to every scheduled meeting of the Board, and be it further
RESOLVED, that The Scarsdale Inquirer and The Journal News are hereby designated the
official Village newspapers, and be it further
RESOLVED, that Wells Fargo Bank, JP Morgan Chase, HSBC Bank and the Cooperative
Liquid Assets Security System (CLASS administered by Public Trust
Advisors LLC) are hereby designated as official depositories of the funds of
the Village of Scarsdale; and be it further
Village Board of Trustees 04 -14-2015 149
RESOLVED, that pursuant to Section 10 of the General Municipal Law, the maximum
amount which may be kept on deposit at each bank be set at $70 million, and
the maximum amount which may be invested in CLASS and any other
secured money market investment fund be set at $15 million and $2 million
at Hudson Valley Bank.
********
ADVISORY COUNCIL ON YOUTH
RESOLVED, that Alexis Arinsburg, Scott Altabet, Scott Bookner, Robin Schiff, and Sheri
Wolfe are hereby re-appointed to serve as members of the Advisory Council
on Youth for terms ending April 3, 2017 or until such time as successors are
appointed, and be it further
RESOLVED, that Scott Altabet is hereby appointed to serve as Chair of said
Council for a term ending April 4, 2016 or until such time as a successor is
appointed.
RESOLVED, that the purpose and existence of the Advisory Council on Youth in
accordance with its Constitution is hereby affirmed by the Village Board.
********
ADVISORY COUNCIL ON SCARSDALE SENIOR CITIZENS
RESOLVED, that Lynne Clark and Gerry Ryan are hereby appointed to serve as members
of the Advisory Council on Scarsdale Senior Citizens for terms ending April
3, 2017, or until such time as a successor is appointed, and be it further
RESOLVED, that Norman Alterman, Janice Cohen, Barbara Greebel, Eunice Laughlin,
Anita Malina, Jane Nussbaum, Carol Silverman, and Dino Venuto are hereby
re-appointed to serve as members of said Council for terms ending April 3,
2017, or until such time as a successor is appointed, and be it further
RESOLVED, that Carol Silverman is hereby re-appointed to serve as Chair of said Council
for a term ending April 4, 2016 or until such time as a successor is appointed.
RESOLVED, that the purpose and existence of the Advisory Council on Scarsdale Senior
Citizens in accordance with its Constitution is hereby affirmed by the Village
Board.
********
Village Board of Trustees 04 -14-2015 150
Upon motion duly made by Trustee Finger, and seconded by Trustee Samwick, the
aforementioned Resolveds were approved by a unanimous vote.
********
Trustee Stern:
ADVISORY COUNCIL ON TECHNOLOGY
RESOLVED, that Ke Wang is hereby appointed as a member of the Advisory Council on
Technology for a term ending April 3, 2017, or until such time as a successor
is appointed, and be it further
RESOLVED, that Bruce Wells, Paul Goldstein, Michael Goldstein, Randy Guggenheimer,
Ron Lobato, Neil Pierson, and Scott Rompala are hereby re-appointed as
members of said Council for terms ending April 3, 2017, or until such time
as a successor is appointed, and be it further
RESOLVED, that Scott Rompala is hereby appointed as Chair of said Council for a term
ending April 4, 2016 or until such time as a successor is appointed.
********
CABLE TELEVISION COMMISSION
RESOLVED, that Chris Polos and Howard Silberberg are hereby appointed to serve as
members of the Cable Television Commission for terms ending April 6,
2020, or until such time as a successor is appointed, and be it further
RESOLVED, that Lorayne Fiorillo is hereby re-appointed to serve as Chair of said
Commission for a term ending April 4, 2016, or until such time as a
successor is appointed.
********
ADVISORY COUNCIL ON HUMAN RELATIONS
RESOLVED, that Margery Arsham, Alfredo Gonzalez, Charles Greebel, Jiyon Lee,
Kathleen Steves and Jonathan Tamir are hereby re-appointed as members of
said Council for terms ending April 3, 2017 or until such time as successors
are appointed, and be it further
RESOLVED, that Michael Duncanson is hereby re-appointed as Chair of said Council for a
term ending April 4, 2016, or until such time as a successor is appointed.
Village Board of Trustees 04 -14-2015 151
********
LIBRARY BOARD
RESOLVED, that Diane Greenwald is hereby appointed to serve as a member of the
Library Board to fill the unexpired term of Joan Bowen for a term ending
April 2, 2018, or until such time as a successor is appointed.
********
Upon motion duly made by Trustee Finger, and seconded by Trustee Samwick, the
aforementioned Resolveds were approved by a unanimous vote.
********
Trustee Pekarek:
ADVISORY COUNCIL ON PARKS AND RECREATION
RESOLVED, that Joshua Glantz is hereby appointed as a member of the Advisory
Council on Parks and Recreation for a term ending April 3, 2017 or until
such time as a successor is appointed, and be it further
RESOLVED, that Sean Kelly is hereby appointed as Chair of said Council for a term
ending April 4, 2016, or until such time as a successor is appointed.
RESOLVED, that the purpose and existence of the Advisory Council on Parks and
Recreation in accordance with its Constitution is hereby affirmed by the
Village Board.
********
CONSERVATION ADVISORY COUNCIL
RESOLVED, that Jeannie Mackler, Josh Stampfli, Julie Weinstein, and Duncan Wilson are
hereby re-appointed to serve as members of the Conservation Advisory
Council for terms ending April 3, 2017, or until such time as a successor is
appointed, and be it further
RESOLVED, that Lee Fischman is hereby re-appointed as Chair of said Council for a term
ending April 4, 2016, or until such time as a successor is appointed.
********
Upon motion duly made by Trustee Finger, and seconded by Trustee Samwick, the
aforementioned Resolveds were approved by a unanimous vote.
Village Board of Trustees 04 -14-2015 152
********
Trustee Samwick:
BOARD OF ARCHITECTURAL REVIEW
RESOLVED, that Larry Diamond and Jessica Kourakos are hereby appointed to serve as
members of the Board of Architectural Review for terms ending April 2,
2018 or until such time as a successor is appointed, and be it further
RESOLVED, that Dan Finger is hereby appointed as a member of said Board to fill
the unexpired term of Carl Finger, ending April 4, 2016, or until such time as
a successor is appointed.
RESOLVED, that Sue Neal is hereby appointed to serve as an alternate member of said
Board to fill the unexpired term of Jessica Kourakos for a term ending April
3, 2017 or until such time as a successor is appointed, and be it further
RESOLVED, that Jack Scott Miller is hereby appointed to serve as Chair of said Board for
a term ending April 4, 2016 or until such time as a successor is appointed.
********
PLANNING BOARD
RESOLVED, that Linda Doucette-Ashman is hereby appointed to serve as a member of
the Planning Board for a term ending April 6, 2020, or until such time as a
successor is appointed, and be it further
RESOLVED, that John Clapp is hereby appointed to serve as an alternate member of
said Board to fill the unexpired term of William Ortner for a term ending
April 1, 2019, or until such time as a successor is appointed, and be it further
RESOLVED, that Dan Hochvert is hereby appointed to serve as Chair of said Board for a
term ending April 4, 2016, or until such time as a successor is appointed.
********
COMMITTEE FOR HISTORIC PRESERVATION
RESOLVED, that Barbara Jaffe, Joyce Hirsch, and Alan Steinfeld are hereby re-appointed
as members of the Committee for Historic Preservation for a term ending
April 2, 2018, or until such time as successors are appointed, and be it further
Village Board of Trustees 04 -14-2015 153
RESOLVED, that Paul Diamond is hereby re-appointed Chair of said Committee for a
term ending April 4, 2016 or until such time as a successor is appointed.
********
Upon motion duly made by Trustee Pekarek, and seconded by Trustee Lee, the
aforementioned Resolveds were approved by a vote of 6-0 with one abstention due to a
potential conflict (Trustee Finger).
********
Trustee Callaghan:
BOARD OF APPEALS
RESOLVED, that Justin Arest is hereby appointed to serve as a member of the Board of
Appeals for a term ending April 6, 2020, or until such time as a successor is
appointed, and be it further
RESOLVED, that Mary Kay Koch is hereby appointed as a member of said Board to fill
the unexpired term of Matthew Callaghan, ending April 3, 2017, or until such
time as a successor is appointed.
RESOLVED, that Anil Ferris is hereby appointed to serve as an alternate member of said
Board to fill the unexpired term of Steven Caligor, ending April 4, 2016 or
until such time as a successor is appointed, and be it further
RESOLVED, that Jeffrey Watiker is hereby appointed to serve as Chair of said Board for a
term ending April 4, 2016, or until such time as a successor is appointed.
********
COUNCIL ON PEOPLE WITH DISABILITIES
RESOLVED, that Sue Adams, Marc Carter, and Norma Litman are hereby re-appointed to
serve as members of the Council on People with Disabilities for terms
ending April 3, 2017, or until such time as successors are appointed, and be it
further
RESOLVED, that Marian Green is hereby re-appointed to serve as Chair of said Council
for a term ending April 4, 2016 or until such time a successor is appointed.
RESOLVED, that the purpose and existence of the Council on People with Disabilities in
accordance with its Constitution is hereby affirmed by the Village Board.
Village Board of Trustees 04 -14-2015 154
********
Upon motion duly made by Trustee Finger, and seconded by Trustee Pekarek, the
aforementioned Resolveds were approved by a unanimous vote.
********
Trustee Finger:
BOARD OF ETHICS
RESOLVED, that Evelyn Stock is hereby re-appointed to serve as a member of the Board
of Ethics for a term ending April 6, 2020 or until such time as a successor is
appointed; and be it further
RESOLVED, that Evelyn Stock is hereby re-appointed to serve as Chair of said
Board for a term ending April 6, 2016, or until such time as a successor is
appointed.
********
Upon motion duly made by Trustee Pekarek, and seconded by Trustee Lee, the
aforementioned Resolveds as corrected were approved by a unanimous vote.
*******
Finance Committee
Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following
resolution regarding Supplemental Appropriation – 2014-2015 Capital Budget for Road Repair
was adopted by the vote indicated below:
WHEREAS, the Consolidated Local Street and Highway Improvement Program
(CHIPS) was established by the New York State Legislature in 1981
and amended in 2014 which provides reimbursements to
communities for highway related capital projects completed during a
specified period after certification by a municipality that the planned
work has been completed; and
WHEREAS, the reimbursement amounts are determined by a formula where two
primary factors, local highway inventory (mileage) and motor vehicle
registrations, are considered along with several minor factors
including past municipal funding levels and historical percentages;
and
Village Board of Trustees 04 -14-2015 155
WHEREAS, the 2014-2015 Village adopted Capital Budget contained $136,800 of
local funding and $320,000 of state CHIPS funding with the local
funding later revised by the Village Board to $736,800 and, now,
based on the attached final request for CHIPS reimbursement, dated
February 10, 2015, of $526,000, another $206,000 has been received
by the Village Treasurer, and it is proper to make a supplemental
appropriation in the CHIPS funding for 2014-2015 road resurfacing
account H5197963-2015-055 in the amount of $206,000; now
therefore be it
RESOLVED, that based on the receipt of the 2014-2015 final reimbursement, a
supplemental appropriation of $206,000 to the FY 2014-2015 Capital
Budget Account #5197963-2015-055-Road Resurfacing, is herein
approved bringing the revised current year CHIPS appropriation to
$526,000 which when added to the local revised funding of $736,800
totals $1,262,800 for road resurfacing.
AYES NAYS ABSENT
Trustee Callaghan None None
Trustee Finger
Trustee Lee
Trustee Pekarek
Trustee Samwick
Trustee Stern
Mayor Mark
********
Municipal Services Committee
Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following
resolution regarding New York State Indexed Lump Sum Municipal Snow and Ice Removal
Agreement Extension for FY 2015/2016 was adopted by the vote indicated below:
WHEREAS, pursuant to Section 12 of the New York State Highway Law, the
maintenance of State highways includes control over snow and ice
removal authorized by the New York State Department of
Transportation (NYSDOT), in order to make these roads safe and
passable; and
WHEREAS, the snow and ice control on these State roads may be done by the host
municipality, pursuant to an agreement entered into by the
municipality and the NYSDOT; and
Village Board of Trustees 04 -14-2015 156
WHEREAS, there are 15.7 miles of New York State-owned roads located within
the Village of Scarsdale; and
WHEREAS, the State of New York, in the interest of public safety, has historically
contracted with the Village for snow and ice removal services on these
roads; and
WHEREAS, the current agreement between the NYSDOT and the Village adopted
in 1999 was for three years with the option for annual extensions; and
WHEREAS, the Village Board of Trustees approved extensions through
resolutions of January 23, 2002, November 12, 2003, July 12, 2005,
May 8, 2007, April 14, 2009, October 27, 2009, December 14, 2010,
January 24, 2012, October 9, 2012 and January 14, 2014 thereby
extending the original agreement through June 30, 2015, said
agreement continuing in force until a successor agreement is proffered
by the NYSDOT; and
WHEREAS, the NYSDOT recently sent the Village another one year extension for
the 2015/16 season; the extension is proposed to commence on July
1, 2015 and terminate June 30, 2016 with the estimated index lump
sum expenditure of $1,512.00 per lane mile for a total of $23,738.40;
now therefore be it
RESOLVED, that the Village Board of Trustees hereby authorizes the Village
Manager to execute the New York State Index Lump Sum Municipal
Snow and Ice Extension Agreements for the 2015/16 winter season,
between the Village of Scarsdale and the New York State Department
of Transportation for snow and ice removal services, in substantially
the same form as attached hereto; and be it further
RESOLVED, that the Village Manager is, herein, authorized to undertake all
administrative acts required pursuant to the terms of the Agreements
including the execution of any amendments to the above cited
extension.
AYES NAYS ABSENT
Trustee Callaghan None None
Trustee Finger
Trustee Lee
Trustee Pekarek
Trustee Samwick
Trustee Stern
Mayor Mark
Village Board of Trustees 04 -14-2015 157
********
Upon motion entered by Trustee Stern, and seconded by Trustee Samwick, the
following resolution regarding the Award of VM Contract #1178 – Furnish, Install & Deliver
One (1) New 20 CY Roll Off Container, 16’ Stainless Steel Spreader and Hook Lift System on
to an Existing Village Truck was adopted by the vote indicated below:
WHEREAS, the Village of Scarsdale’s Highway Division vehicle fleet performs a
wide variety of Public Works functions including snow and ice
control, hauling and transport of organic yard waste and general road
maintenance tasks; and
WHEREAS, the current fleet of front line medium-duty trucks are approaching or
have exceeded their useful life, however, reduced funding in the
Capital Budget for replacement of these vehicles has interrupted the
replacement schedule, whereby only two (2) medium duty dump
trucks have been replaced since 2010, with the most recent purchased
in 2014 at a price of $214,000 including a plow and spreader; and
WHEREAS, the Department of Public Works, Sanitation Division, recently
refurbished two existing cab/chassis and outfitted them with new
packer bodies at a combined cost of $180,000, a savings of
approximately $260,000 since the cost of a new 25 cubic yard low
entry garbage truck is approximately $220,000; and
WHEREAS, in an effort to maintain high service levels during this period of
Capital Budget constraints, the Superintendent of Public Works has
recommended refurbishing another existing cab/chassis with a new
20 cubic yard roll-off container, 16’ stainless steel spreader and hook
lift system; and
WHEREAS, the Village Manager reports that he publicly advertised for the receipt
of bids on March 13, 2015 under VM Contract # 1178 - Furnish,
Install and Deliver One (1) new 20 CY roll-off container, 16’ stainless
steel spreader and hook lift system onto an existing Village truck, and
on the bid opening date of March 24, 2015, one bid was received
from Trius Inc., 458 Johnson Avenue, Bohemia, NY 11716 in the
amount of $104,063; and
WHEREAS, Trius Inc. is qualified to perform the truck retrofitting work and the
Village has been satisfied with other vehicles and equipment
purchased from Trius; now therefore be it
RESOLVED, that the Village Manager is hereby authorized to execute VM
Contract # 1178 – Furnish, Install and Deliver One (1) new 20 CY
Village Board of Trustees 04 -14-2015 158
roll-off container, 16’ stainless steel spreader and hook lift system
onto an existing Village truck, with Trius Inc., 458 Johnson Avenue,
Bohemia, NY 11716 in the amount of $104,063 and to take all
administrative acts required pursuant to the terms of the contract;
and be it further
RESOLVED, that the cost of the truck bodies and installation pursuant to VM
Contract #1178, be charged to the appropriate Capital Budget
Account as determined by the Village Treasurer.
AYES NAYS ABSENT
Trustee Callaghan None None
Trustee Finger
Trustee Lee
Trustee Pekarek
Trustee Samwick
Trustee Stern
Mayor Mark
********
Law Committee
Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following
resolution regarding a Settlement of Claim with Travco Insurance Company was adopted by the
vote indicated below:
WHEREAS, on June 21, 2014 a sewer backup caused a surcharge of water to enter
the home located at 122 Potter Road causing damage to the
basement and personal property; and
WHEREAS, inspectors from the Department of Public Works of the Village of
Scarsdale (“Village”) investigated the backup and determined that the
backup was primarily caused by a failure in the Village’s sanitary
sewer system; and
WHEREAS, the homeowners of 122 Potter Road, Scarsdale, New York filed a
claim with their homeowners insurance company, Travco Insurance
Company (“Travco”) for damages caused by the sanitary sewer
backup; and
WHEREAS, Travco made payment in the amount of $18,303.11 to settle the claim
with the homeowners, and subsequently filed a subrogation claim
against the Village in the same amount, additionally said homeowners
Village Board of Trustees 04 -14-2015 159
executed a release with the Village for all future liability related to this
claim; and
WHEREAS, the Village’s Risk Manager has examined the subrogation claim and
has been in communication with Travco in an effort to negotiate the
subrogation claim, and has reached a tentative settlement with Travco
in the amount of $13,728.00; and
WHEREAS, Village of Scarsdale Administrative Policy No. 206, which was
enacted by Resolution of the Village Board on August 12, 2004
requires that all settlements beyond $7,500 must be approved by the
Village Board of Trustees; now therefore be it
RESOLVED, that the Village Board of Trustees approves a payment of $13,728.00
to Travco Insurance Company as final settlement for all claims made
against the Village relative to the sanitary sewer backup which
occurred on June 21, 2014 at 122 Potter Road, Scarsdale, New York,
and be it further
RESOLVED, that consistent with Village policy, the Village shall receive a fully
executed release absolving the Village, Town, and its officials of any
and all future liability as it relates to this incident.
AYES NAYS ABSENT
Trustee Callaghan None None
Trustee Finger
Trustee Lee
Trustee Pekarek
Trustee Samwick
Trustee Stern
Mayor Mark
********
Other Committee Reports
Trustee Pekarek reported on behalf of the Personnel Committee, stating that she is
the outgoing Chair of the Personnel Committee and with the help of former Trustee Tom
Martin, they worked very hard and diligently to appoint all of the wonderful volunteers to
the current Boards and Councils. They would like to extend a huge thank you to everyone
in the community who has volunteered their services on Boards and Councils and commend
their generosity, time, and talent and look forward to working with all of them.
Village Board of Trustees 04 -14-2015 160
Trustee Pekarek stated that she would also like to thank our Village Clerk, Donna
Conkling, who has provided an invaluable service to assist her and the Committee in helping
them. She is competent, knowledgeable, and just a joy to work with.
********
Liaison Reports
Trustee Pekarek stated that she has two reports. One is that on May 2nd, the Park
and Recreation Department, in collaboration with Friends of the Parks is having a
Community Planting and Wetlands Restoration Day at Harwood Park. This is the space
between the gravel driveway of the Scarsdale High School and the back area of the Scarsdale
Library. The Friends of the Park and the Park and Recreation Department have received
250 bare root trees and shrubs. The community will be preparing the ground and planting.
In the meantime, the Public Works Department and the Recreation Department have
prepared the ground by smoothing it out and getting out some of the debris. This is a huge
wetlands restoration project that is now also a community event.
Trustee Pekarek next reported on the League of Women Voters. On April 27th at
10:00 a.m. in Village Hall, the League of Women Voters are going to have a program about
the nonpartisan system; the system in place that elects both the School and Village Boards.
The Cable Commission is working on the possibility of videotaping that meeting. The
meeting is open to the public and the League encourages everyone to attend to learn how
Village and School governments work in Scarsdale.
Trustee Pekarek added that the League of Women Voters are having their annual
meeting and luncheon at the Scarsdale Golf Club on May 8th at 11:45 a.m. The speaker is
Carrie Kennedy, President of the Robert Kennedy Center on Justice and Human Rights.
More information can be obtained at the League website.
********
Trustee Stern reported on behalf of the Library Board, stating that he attend a
meeting last Monday evening. He was pleased to report that the Library Board announced
that they are on track with their budget. Also, the committee for fundraising and
renovations on the Library is well under way. There are some very significant programs
planned and working with Plan A, the fundraising organization that the Village Board
approved to help the Library raise the money. He noted that the initial plan is to raise $3
million. They need approximately $8 million and the Village will match it with $4 ½ million.
The Library Board feels it is going very well. Trustee Stern noted that the committee, which
is led by former Mayor Robert Steves, is a separate committee from the Library Board.
Trustee Stern stated the other significant item is that the Library Board voted
unanimously to accept the proposal of the Cable Television Commission to outfit the Scott
Room with remote cameras and a very small control room. That will have a great impact on
Village Board of Trustees 04 -14-2015 161
the Village because many of the programs that appear in the Scott Room will be broadcast
live and also they will become available on the Scarsdale Public Television website on
demand. Hopefully this will engage more of the community in the programs of the Library.
Reporting as liaison to the Cable Television Commission, Trustee Stern stated that
they are charged with renegotiating the Franchise Fees with the two cable companies –
Verizon and Cablevision. Verizon has notified the Village that they would like to start the
process. The Cable Television Commission, under the guidance of the Village Attorney has
met and interviewed a consultant attorney. The consultant attorney would assist the Village
with the negotiation process. They are still in the process of interviewing consultant
attorneys. T
Trustee Stern stated that the Cable Television Commission is very involved now in
trying to maximize the number of organizations in Scarsdale who have access to the public
television system. He urged everyone to take advantage of these new resources which the
Village Board had so graciously last year enabled.
********
Written Communications
Village Clerk Conkling reported that five (5) written communications have been
received since the last meeting:
A letter from Chris Polos, 4 Obry Drive regarding fall leaf collection including a
response from Mayor Mark.
Four email communications in opposition to the 2016 revaluation from the
following:
Carrie Altieri, 5 Oakstwain Road
Bob & Terri Harrison, 65 Fox Meadow Road
Aggy Shawn, 18 Burgess Road
Stuart Silver, 11 Gorham Court
********
There being no further business to come before the Board, Trustee Lee moved to
adjourn the meeting, seconded by Trustee Pekarek and carried by a unanimous vote at
9:38 P.M.
Donna M. Conkling
Village Clerk
Get email alerts for Scarsdale
A daily email when new agendas and minutes are posted.