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Board of Trustees

Regular Meeting

Scarsdale, NY · April 14, 2015

AgendaMinutes

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

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