Board of Trustees

Village Board of Trustees 12/8/2015 479 THREE THOUSAND TWO HUNDRED FORTY-FIFTH REGULAR MEETING Rutherford Hall Village Hall December 8, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, December 8, 2015 at 8:00 P.M. Present were Mayor Mark, Trustees Callaghan, Finger, Lee, Pekarek, Samwick, and Stern. Also present were Village Manager Pappalardo, Deputy Village Manager Cole, Assistant Village Manager Richards, Village Attorney Esannason, Village Clerk Conkling, Village Treasurer McClure, and Assistant to the Village Manager Ringel. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, November 24, 2015 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Lee, and carried unanimously. ******** Bills & Payroll Trustee Samwick reported that he had audited the Abstract of Claims dated December 8, 2015 in the amount of $461,401.99 which includes $16,219.01 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 Samwick and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated December 8, 2015 in the amount of $461,401.99 is hereby approved. Trustee Samwick further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $103,347.44 which were found to be in order and he moved that such payments be ratified. Upon motion duly made by Trustee Samwick and seconded by Trustee Lee, the following resolution was adopted unanimously: Village Board of Trustees 12/8/2015 480 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $103,347.44 is hereby ratified. ******** Mayor’s Comments Mayor Mark stated that he had a few things he would like to note this evening: “First, about the Monte Nido Padavan Notice -- Last week, as authorized by this Board, the Village filed an objection with the Acting Commissioner of the New York State Office for People with Developmental Disabilities and with the Office of the New York State Commissioner of Mental Health to the Padavan Notice received from Monte Nido & Affiliates. At this point, we have not heard anything further from those officials on the matter. We will apprise you of further developments when we become aware of them. Metro North Replacement Staircase -- the Village Manager commented on this project at our last meeting two weeks ago, so this is a brief update on the present status. Work on the staircase footings was completed in October. That is why no work onsite has been apparent since that time. The metal staircase is being fabricated off site. When it is complete, it will put in place. We had hoped that the fabrication would have been done by now, but we understand that the fabricator has not yet completed its work. It is hoped that the staircase will be ready for installation prior to the end of this month, weather permitting and barring further project delays. Proposed Library Project and Funding -- the agenda for this evening’s meeting includes resolutions related to the proposed Library renovation project: one resolution that would accept two fund transfers of $50,000 and $45,000, respectively, from monies already on deposit in trust for the Library’s Children’s Room Endowment to the account in which project funds are being collected; and a second resolution that would accept a gift of $500,000 from the Friends of the Scarsdale Library. These resolutions are clear indications of the strong support that the proposed renovation is getting from those who are focused on it. However, contrary to what some comments we have received and heard whether by email to us or anecdotally, the funding is not a “done deal.” As has been reported, the Library Board has set a goal of raising $7.5 million from private contributions and has asked the Village to fund the balance – a number that could be $12 million, a number that includes an estimate that would cover the cost of a temporary facility while the renovation is in progress. The aggregate number for the Village could possibly be higher if private donations fall short of the Library’s target, or if the cost of the project exceeds the present estimate. So there is still a long way to go and much to be thought through before the Board reaches a determination on this matter. Village Board of Trustees 12/8/2015 481 While I believe it is reasonable to say that as a general matter members of the Board are supportive of the plan in varying degrees, a number of factors are being considered and will go into whatever determination this Board makes. Those factors include:  further review of the proposed plan;  credible evidence that the targeted $7.5 million of private contributions will actually be raised;  a sense of the community’s views about the project – whether for or against -- in the form of letters, emails, comments at Village Board meetings and the like from a spectrum of Village residents; and  How a Village debt issuance for the project would fit into the Village’s existing, planned and reasonably anticipated debt maturities and issuances going forward, and as part of this analysis, how the Village’s debt rating might be impacted by such an issuance. The foregoing is not intended as an exhaustive list of factors, nor is it intended to rank them in relative importance, but they are, in my view at least, the high points. Therefore, as to the third noted point, we would very much like to hear from you. For those of you who cannot attend our evening meetings, they can be viewed online on Scarsdale Public TV, on Verizon FiOS Channel 42 and on Cablevision Channel 76. They can also be viewed on the Village web site under the Board of Trustees tab where the videos are indexed so a viewer can click and jump to the portion of the meeting that discusses a particular point. Comments can be emailed to the Board by sending them to clerk@scarsdale.com. If you are able to visit the Library to take a look at what is proposed, please do so. Then let us know what you think. Although, a Board determination, when arrived at, may or may not be consistent with what some residents convey to us, whatever position you may take, it will be weighed by the Board as it considers whether or not to fund this project. Gun Violence -- the horrific events that took place last week in San Bernardino are tragically very much on our mind during the start of this holiday season. With those sad events in mind, we are aware that this evening at another venue a forum is being held at which community leaders, clergy and members of various civic organizations are discussing this topic. We therefore thought it worthwhile to comment briefly here on how the Village has focused on this issue and some of the planning that has been done over the years. The following summary was provided by our Police Chief, Andrew Matturro. The Scarsdale Police trains and partners with regional, county and state law enforcement agencies in an effort to maintain operational as well as intelligence preparedness in both “Active Shooter” situations and Counter Terrorism. In the wake of the Columbine tragedy in 1999, all members of the Scarsdale Police Department continuously train in active shooter and rapid response techniques. Several Village Board of Trustees 12/8/2015 482 times a year, through the cooperation of the Superintendent of the Scarsdale School District, all officers train in various school buildings throughout the district. Officers train with “simunitions” equipment and tactical gear, utilizing the National Tactical Officers Association (NTOA) protocols along with the National Incident Management System (NIMS) incident command structure. In addition to this ongoing training, the Scarsdale Police Department maintains a “random walk through” program wherein officers are assigned to different schools, on a daily basis, to conduct a walk through check. This program has fostered a positive relationship with the students and staff at each school and has given our officers an opportunity to familiarize themselves with the various floor plans of each building. We have also expanded this program to include other schools within the Village. Our training officers have presented numerous on-site demonstrations for the staff at these schools as part of our overall annual training agenda. The Department maintains necessary equipment in each of the police vehicles assigned to patrol in order to respond immediately in the event of an incident. The Scarsdale Police Department is a member of Counter Terrorism Zone 3 (CTZ3) which includes Westchester, Putnam and Dutchess Counties. Along with all zones within the state, our department collaborates with the County and State police and receives daily briefings via email. Several of our officers are certified as Field Intelligence Officers who are updated regularly with pertinent information. Several times during the calendar year, the Patrol Section Commander issues heightened states of alert orders, increasing specific patrol at all houses of worship, the Scarsdale train station and other locations throughout the Village, depending on intelligence shared within the zone. In addition, the CTZ3 issues “tasking” requests during the year requesting targeted patrol of locations based on current intelligence. The active shooter training and rapid response would be used in the event of an incident related to terrorism. The Scarsdale Police Department maintains an inter-municipal agreement with the Westchester County Department of Public Safety which includes all police departments within Westchester County referred to as the Mutual Aid and Rapid Response Plan. When activated, the plan provides several levels of increased police personnel and equipment in response to unusual occurrences or civil unrest. Specialized units and resources are also available to any member department. The Scarsdale Police Department encourages all residents to remain vigilant and be aware of their surroundings. Report any suspicious activity to the Police Department immediately so we can work together in keeping Scarsdale a safe place to live, work and enjoy. Village Board of Trustees 12/8/2015 483 Measures to address gun violence involve social and political choices that go far beyond the scope of our local government. It is not our intention to create a false sense of security with respect to events that are by their nature unpredictable, nor do we wish to give rise to undue concerns. However, we want residents to know that our Village staff and, particularly our Police Department, is very much aware of the violent events that have shaken all of us, and has taken the steps just summarized with a view to being prepared for what we hope will never happen here.” ******** Managers Comments None. ******** Public Comments Jeff Blatt, 43 Walworth Avenue, spoke about the condition of the roads in Scarsdale. He submitted copies to the Village Clerk for distribution to the Board members of an article regarding the poor road conditions that he wrote in 2010 that was published in the Scarsdale Inquirer. He stated that nothing has changed since 2010 and in fact the roads are worse. The maintenance budget is insufficient to maintain the roads in a proper condition. The roads are dangerous and embarrassing. Fox Meadow Road is a disgrace. He commended Trustee Stern for his comments last April that the problem is so far gone that the Village needs to float a bond and redo the roads extensively. He urged the Board to consider this very carefully as they approach Budget season. There is a major problem with the roads that is beyond what any annual budget can handle. He added that he did not move to Scarsdale to act as a pauper; it is a wealthy town. There are means in this Town – he would accept higher taxation for better roads and many people will. The second item Mr. Blatt discussed was the Monte Nido resolution and vote that the Board took at the last meeting on November 24, 2015. He thanked the Board for its service but reminded them that they don’t have careers based on doing this work; the job is not to take a poll and see how the Village feels. In his opinion, the Board is elected to use their judgement. He stated that he was shocked that not one Trustee opposed the resolution that was adopted. Josh Frankel, Black Birch Lane, made the following statement: “Good evening. My name is Josh Frankel, and I live on Black Birch Lane. I’m aware of the fact that my commentary this evening is moot in the wake of the Board’s official objection to the proposed Monte Nido eating disorders treatment facility at 2 Morris Lane. However, I felt the need to speak this evening to distance myself from the Village Board of Trustees 12/8/2015 484 very disturbing commentary and vote that took place here two weeks ago. It has been difficult for me to find the words to adequately express my disappointment over what I saw occur here on November 24th. My family has, thankfully, never suffered from eating disorders, and it is also true that I do not live in immediate proximity to the proposed facility. Consequently, some might want to posit that I don’t have sufficient skin in the game. I would respond by pointing out that many, probably the majority, of those who signed petitions or otherwise opposed the facility are similarly situated. That said, what transpired here two weeks ago represented the antithesis of every value, principle, tenet, and belief with which I was raised, and with which I am trying to raise my own children. The question here is not as to a cell phone tower or nuclear reactor. It is as to a residential treatment facility for girls with eating disorders. The irony is not lost on me that we are exactly the type of community that academic studies have shown produce young ladies with these conditions in disproportionate numbers. It is clear that the Board is aware of the fact that none of the objections raised – save for that of overconcentration, which will be a non-starter – are contemplated by the Padavan Law. As noted in the Fordham Urban Law Journal: “A municipality cannot object to a community residence site on the ground that the residence itself would create more traffic, crime or garbage, lower property values or would be unsafe for the persons who would reside there.” I’ve spent a bit of time researching the issue both in the news and academia. The complaints that were voiced here two weeks ago are the same ones that have been voiced, and resoundingly defeated, for the past near-40 years. With stunning regularity, these situations play out as follows:  An operator files notice  Residents and the municipality are up in arms  The municipality objects  The municipality is defeated  Everyone lives happily ever after As one operator wrote in 1984 about a facility opened in 1979 in Kings Point: “Several neighbors brought a legal action to prevent our hostel from opening. This action was finally adjudicated in the Court of Appeals in our favor. It was this proceeding that among other things determined that the Padavan Law - Section 41.34 of the Mental Hygiene Law - is constitutional. It also validated that for zoning purposes, community residences are considered as single families. “But the important fact to communicate…is that in less than a year, the neighbors, including the neighbors who sought legal remedy for their concerns, have come to accept us as part of the community, and we pride ourselves and credit them enormously with the feelings of good will that have developed in the four years Village Board of Trustees 12/8/2015 485 we are now in operation. Their well-intentioned concerns have evaporated. They see that in fact we are good neighbors and their safety and well- being are secure.” Beyond that, the fear of round-the-clock visits from emergency services personnel, in addition to being irrelevant under the law, is unfounded. Under questioning during the application process for its Irvington facility, Monte Nido founder Carolyn Costin told that board that “in Monte Nido’s 18 years of operation outside ambulance services had been required only twice.” I am thankful and grateful that the Board had the decency and good sense to punt on the option of finding an alternate site to 2 Morris Lane, which would have favored one group of residents over another. Sadly, however, compounding their initial insensitivity, those most vocally opposed to the facility had no problem and wasted no time throwing fellow Scarsdalians under the bus in the hope of ridding themselves of their perceived problem, offering up 25 and 107 Mamaroneck Road, 7 High Point Terrace, and 1084 Post Road as suitable alternate locations. I will add here that I was unaware of the existence of a facility near my home, which I’ve driven past thousands of times, until just last week; it has apparently been operating for over 30 years. In the end, the Village will not prevail, Monte Nido will open its facility, and life will go on. Perhaps of paramount importance to the community at large, multiple studies have shown that there will be no adverse impact on property values. In the meantime, I have learned some things about my neighbors that I’d rather not have known. In the months and years to come, no one will look back on this sorry episode as Scarsdale’s finest hour.” Mr. Frankel submitted his comments with attachments to the Village Clerk for distribution to the members of the Board. Dr. Andrea Grant, Meadow Road, gave the following statement: “Good evening. My name is Dr. Andrea Grant and I live on Meadow Road. Thank you for allowing me to speak. “I first moved to Scarsdale in 1972. I grew up here, attended school here, and was raised on the values of this community. Indeed, Scarsdale is so much a part of who I am that I, like many of my peers, chose to return here to raise my own children--so that they could be afforded the same formative community experience that I was fortunate enough to have-- and I moved back here so that the values that I had always believed were held in esteem by this community are values with which my children could grow up. As I did. To that end, I feel strongly compelled to address the Board this evening regarding the sale of 2 Morris Lane to Monte Nido. Let me start by saying that I have a doctorate in Child and Adolescent Psychology from NYU and I currently work at the Global Mental Health Program at Columbia Village Board of Trustees 12/8/2015 486 University, where I have a specialty in Mental Health Policy and Advocacy. Quite coincidentally, I also very recently co-authored a chapter in the Wiley Handbook of Eating Disorders—one of the most widely respected on the topic. I mention this so that you will understand that I am intimately familiar with the Padavan Law, and other policies and laws that dictate Mental Health treatment in this state, and with the etiology, course and treatment of Eating Disorders, as well. My clinical background then, saved me some time over the last week while I read not only the letters, petitions, and statements by community members, Board members, attorneys and other interested parties, but also the reams of easily attainable research and information regarding all of the points made by those in opposition to the Monte Nido residence—from traffic concerns (which, for the record, our own Village Planner had previously stated were not actually of concern), to undue stress on emergency and ambulance services (which, as we know from Monte Nido’s director, they’ve used only twice in the last 18 years), to concerns over the devaluation of property located proximally to the residence, which no one really mentioned in bold letters but surely must be as important here as it is in every other community where group residences for the mentally ill and developmentally disabled are situated (and which, as Michael Dear, Otto Wahl and other experts have established are, thankfully, completely unfounded). Please understand that I did not comb through all of the above because I thought that I could influence the Board’s decision, as that ship has obviously sailed, and is now a moot point. Nor did I delve into the issues presented by the community because of their impact on the invocation of the Padavan Law—there is no impact on the Padavan Law from the issues enumerated by this community. I combed through all of the letters and petitions, and documents, statements, and research because I imagined, naively as it turns out, that somewhere in there I would find a factually-based, valid reason for the outcry over this residence and for the Board’s absolutely inexplicable decision to oppose it. I thought surely my neighbors who oppose this facility and the Board members who are supporting their petition must have also pored through the easily available data and found something grounded in actual truth or theory by which they could justify their position. But I was wrong. And in the total absence of any actual, factual, easily obtainable evidence that the establishment of this residence will cause traffic congestion, or place undue stress on our emergency services, or impact our personal safety in any way, or pose a threat to our property values, the only reason left, that I can possibly postulate for the continued opposition to this residence is prejudice--and the unjust exclusion of people whom we perceive as different merely because this difference causes us some psychological discomfort. And that’s why I’m here tonight. Because given that what has transpired in our community over the past couple of months with regard to the sale of 2 Morris Lane to Monte Nido and, in particular, the Board’s decision two weeks ago to formally object to that sale, has been so jarring and in such stark contrast to the values of inclusion and tolerance Village Board of Trustees 12/8/2015 487 and kindness that I hold dear, that I teach my children on a daily basis, and that I learned growing up in this community I couldn’t just remain silent and disinterested. And now it is I who conclude my comments with a ‘heavy heart.’” Dr. Jonathan Bradlow, 26 Ridgedale Road, stated that he has been a resident for 13 years, choosing to raise his children here and put down roots. During those years he has seen a generally tolerant attitude. However, what he witnessed here at the last meeting on November 24th was the opposite of this. It was selfish behavior at its most extreme both on the part of the residents of Scarsdale and the Board of Trustees. The values that were demonstrated that night do not reflect in any way those that he was raised to believe in. The vote by the Board was said to reflect our constituents but as one of them, he strongly objected to the vote of the Board. Given the fact that the Padavan Law, to his knowledge has never been breached successfully it is symbolic of this community’s intrangenance, it is a waste of time and taxpayer money that could be spent on the crumbling infrastructure and a resounding vote of support to the continued stigmatization of mental illness. There are already two such houses in town and he has never seen a hint of a problem from them. As Assistant Captain of one of the Volunteer Fire Companies in Scarsdale, he assured the Board that the driveway width at 2 Morris of 12 feet can easily accommodate a fire truck or an ambulance, neither of which will be there on a regular basis. Our emergency services can handle anything that 6-8 teenage girls can throw at them. Concerns of traffic and parking are irrelevant to the law; at best they are smokescreens for the real concern which is property values and at worst xenophobia. The fact that alternative sites in Scarsdale have been suggested only confirms that those who are spearheading the objection don’t want it near their backyards but yours will do fine. This is NIMBY at its worst. The vote by the Board adds wind to the sails of intolerance and still do nothing but waste time and money. The law will prevail and in the end the Board gets to mollify the small group of well-funded, loud protestors by saying they tried. It is exactly the trying that antithetical to the values that he hoped the community would aspire to. A more appropriate response would have been to hear out the objections sympathetically and with an open mind and then while voting not to tilt at windmills, assure the public that elected representatives of the Village will do everything in their power to make sure that the site and others like it will not be a burden to the Village, will not violate Village Code and will stay within the charter of their services that they provide and how they provide them. Dr. Bradlow asked the Board to withdraw its object and stop wasting time and resources. The values that he cherishes are not just those of property but those of compassion and kindness. He thanked the Board for their service to the Village. Robert Harrison, 65 Fox Meadow Road, stated that those that come forward to speak at Public Comments should state their full address with their street number. There are a number of people who came to the microphone at the last meeting to speak regarding the Monte Nido proposal who did not even mention their community and happened to be from communities outside of Scarsdale, including Irvington. Village Board of Trustees 12/8/2015 488 Mr. Harrison stated that he wanted to discuss a couple of other items. He agreed with Mr. Blatt’s comments concerning the roads in Scarsdale. There is a letter to the Board which is in the agenda packet regarding the condition of the roads from Michael D’Angelo of 18 Highland Way. The Village should consider some type of bond issue to do at least 15 miles of the approximate 79 miles of roads in Scarsdale. He hoped that as the Boards discusses the budget during the next few months that they will look at this while interest rates are still low. Mr. Harrison stated that it would be helpful if the Board agenda detailed the written correspondence listed as whether or not someone was in support of or opposed an issue such as Monte Nido. Regarding the Monte Nido proposal, he stated that he believed everyone that spoke at the last Board meeting of November 24th, which was standing room only, were passionate and that everyone that was opposed to the facility were not opposed to treatment for eating disorders for teenagers or medical issues. There are other group homes in the Village but they are not for profit. Monte Nido is in the business of making profits on treating eating disorders. The company was acquired by a private equity firm. What do these firms do with the money they manage? They invest to make big profits and they generally like to turn over their investments in 3 to 5 years. Monte Nido has a private equity investor. Why do they want to come to Scarsdale and charge $1200 per night to treat young women with eating disorders? Because they want to make profit – this is a profit making venture in a totally residential neighborhood. Mr. Harrison continued, stating that in the agenda packet there was a letter from a professional employed by the State University of New York as a Sociologist with expertise in deviant behavior feels that placing this facility in this residential neighborhood is inappropriate. He asked the Mayor if the Village Attorney could give the community an idea concerning the dateline surrounding this proposal by Monte Nido. He complimented the Board on the 6-0 vote on the proposal – it was the right vote to take. Village Attorney Wayne Esannason stated that statute provides that within 40 days of receipt of the letter of the intent to locate the facility, the municipality must react. The Village has reacted accordingly and within 15 days the Village expects to hear from Commissioner of Mental Health as to when a proposed hearing will be scheduled on the issue. Thereafter, the Commissioner, according to the statute has 30 days after the completion of the hearing to render a determination. The filing of the objection took place last week. Dr. Gil Botvin, 26 Heathcote Road, stated that he spoke last week regarding Monte Nido and wanted to take this opportunity to commend the Board for their decision. He stated that he has extensive experience with addictive disorders and with a wide range of psychiatric problems and has spent a number of years working at a major medical school in New York City. Unlike those who spoke earlier with a good degree of compassion which he appreciates and understands, he felt that it was wrong to impugn the motives of those who have some legitimate and serious concerns about this particular site. This site has some Village Board of Trustees 12/8/2015 489 rather unique problems that may not be issues that other people in the community are aware of. Dr. Botvin stated that this is a non-conforming flag lot which was set up with variances at the time and designed specifically as a private residence, recognizing very little traffic. There are easements that traverse a number of neighboring private properties. The driveway is exceedingly narrow, something that would normally not be approved and is over 200 feet long. There are some very reasonable concerns. Unfortunately when the Board asked Monte Nido to provide an extension of time to better examine these issues and determine an appropriate response, they refused to do so. The other important issue made by Mr. Harrison before him is that this is not a not for profit organization coming in with a traditional group home. This is a large California corporation owned by a multi-billion dollar private equity fund which is expanding a chain of clinics around the United States. This is just another one of those clinics. It operates more like a commercial treatment facility than it does a traditional group home. Mayor Mark asked Dr. Botvin if this had been a not for profit enterprise, would he have not objected two weeks ago? Dr. Botvin stated that there are two issues and he felt that he would have been less likely to object but his concern is that adequate time was needed to assess the impact on the community, the issues that he raised last week in terms of potential problems with traffic and safety hazards, etc., all of those issues are legitimate and should be examined. If it were a not for profit that is another issue that might not have been a big a concern. But the concern as was raised earlier is that with this kind of organization owned by a private equity fund, is that it will be turned over in a few years, and it could be a very different type of facility treating a very different population. The unwillingness to provide an extension to work with the community is problematic in his opinion and increased his concerns. Dr. Botvin stated that the other issue that came up when they met with applicant is that at the informational meeting on November 18th when they were asked if Scarsdale girls would get preference in obtaining treatment, the answer was no. There would be no preferential treatment for Scarsdale residents, so this large multi-billion dollar private equity owned company would come into Scarsdale, take advantage of the community, perhaps increase the burden on the community in terms of resources, increase the risks and hazards associated with increased traffic but would not do anything tangible for Scarsdale girls. There are a lot of legitimate concerns; he felt that that Board made a well informed decision. It is not an easy decision for anyone, but he commended the Board for their decision which was, in his opinion, entirely appropriate given the amount of information they had and the unwillingness of Monte Nido to provide more time and more information. Trustee Finger stated that he wanted to thank Mr. Blatt, Mr. Frankel, Dr. Grant, Mr. Bradlow, Mr. Harrison, and Dr. Botvin for speaking. The four speakers in support of the proposal made some very cogent comments and put a lot of thought into those comments. While the process here plays out, he assured them that the Board has heard their comments Village Board of Trustees 12/8/2015 490 and take them very seriously. The Board takes its responsibility very seriously and he hoped that if anyone is either favorably or unfavorably disposed to an issue, they will attend a Board meeting where there will be an opportunity where the Board can consider more fully what they have to present. There being no further comments, Mayor Mark closed the public comments section of the meeting. ******** Finance Committee Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding Acceptance of a Gift for the Scarsdale Public Library Addition and Renovation Project was approved by a unanimous vote: WHEREAS, the Scarsdale Library Board completed a Master Plan dated June 10, 2013 which identifies a number of building renovations and additions that will increase the capacity of the Library to provide a broader range of rapidly evolving library services while maintaining popular traditional collections and programs by offering a more balanced utilization of the building space within a safe, attractive and inviting comfortable environment, said master plan supported by the Scarsdale Village Board of Trustees via resolution dated April 8, 2014 (attached); and WHEREAS, the improvements identified in the Master Plan will transform the Library into a multi-purpose community asset for future generations, maintain its preeminent status among free public libraries in the County and State, enhance its technological capacity to further library services and create a physical environment that will be a welcoming and versatile learning center; and WHEREAS, the Scarsdale Public Library Board, at their October 21, 2013 meeting, authorized the retention of the fund raising consulting firm of Plan A Advisors, P.O. Box 165, Thornwood, NY 10594, to design and conduct a capital campaign to implement such a project, subsequently identified in the July 20, 2015 Schematic Design Report prepared by Dattner Architects, at an estimated construction cost of $16,500,000 and total project cost of approximately $19,500,000; and WHEREAS, the Friends of the Scarsdale Library has offered to donate the gift of $500,000 to the Scarsdale Public Library Addition and Renovation Capital Improvement Project; and Village Board of Trustees 12/8/2015 491 WHEREAS, pursuant to Policy #106: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; now therefore be it RESOLVED, that the Village Board hereby accepts the gift of $500,000 from the Friends of the Scarsdale Library toward the Scarsdale Public Library Master Plan Improvement Project; and be it further RESOLVED, that the Village Treasurer take the necessary steps to complete the transaction and accept this financial gift of $500,000 and deposit it in the Library Capital Campaign Account; and be it further RESOLVED, that the Board of Trustees hereby extends their heartfelt thanks and great appreciation to the Friends of the Scarsdale Library, for their generosity and commitment to the Scarsdale Public Library and Community. ******** Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding Transfer of Principal from Library Children’s Room Endowment to Library Capital Campaign Account was tabled to the next Board of Trustees meeting scheduled for December 22, 2015 by a unanimous vote: WHEREAS, the Library has a non-expendable trust account entitled, “Children’s Room Endowment,” TN-96-.10, with a current principal of $500,000; and WHEREAS, the purpose of the endowment is to continue the development of children’s interest in reading and learning through books, audio-visual materials, and informational technology, thus promoting early reading and an early love for reading, factors that contribute to successful childhood education; and WHEREAS, the memorandum of agreement for the Children’s Room Endowment (attached) states that “Up to 10% of the principal may be used annually, as authorized by the Library Board of Trustees, to enhance resources and services to the children”; and WHEREAS the Library Board, in a special meeting on December 1, 2015 (attached), approved a transfer before the end of 2015 from the Children’s Room Endowment to the Library’s Capital Campaign account of $50,000, and a similar transfer, in January 2016, of $45,000, all to be applied to “resources and services [for] children in Village Board of Trustees 12/8/2015 492 connection with the building renovation project’; and now therefore be it RESOLVED, that the Village Board of Trustees concurs with the Library Board’s transfer of $50,000 from the Children’s Room Endowment to the Library Capital Campaign Account by December 31, 2015; and be it further RESOLVED, that the Village Board of Trustees further concurs with the future transfer of $45,000 from the Children’s Room Endowment to the Library Capital Campaign Account in January 2016. ******** Police Commissioner Upon motion entered by Trustee Samwick, and seconded by Trustee Lee, the following resolution regarding Acceptance of a Gift from the Fenway Charitable Fund Committee for the Scarsdale Police Department was approved by a unanimous vote: WHEREAS, in recognition of the Scarsdale Police Department’s community efforts and good work, The Fenway Charitable Fund Committee, Old Mamaroneck Road, Scarsdale, NY, has offered to donate $5,000 to the Village of Scarsdale to be used by the Scarsdale Police Department as determined by the Chief of Police; and WHEREAS, pursuant to Policy #106 of the Village of Scarsdale Administrative Policies and Procedures Manual entitled, “Gifts to the Village of Scarsdale”, acceptance of all gifts valued at $500 or more must be approved by the Village Board of Trustees; now therefore be it WHEREAS, that the Village Board of Trustees hereby accepts the gift of $5,000.00 from The Fenway Charitable Fund Committee; and be it further RESOLVED, that said funds be deposited in the appropriate accounts for the Police Department; and be it further RESOLVED, that the Village Board of Trustees hereby extends it thanks to the Fenway Charitable Fund Committee for its generosity to the community. ******** Village Board of Trustees 12/8/2015 493 Fire Commissioner Upon motion entered by Trustee Pekarek, and seconded by Trustee Lee, the following resolution regarding Acceptance of a Gift from the Fenway Charitable Fund Committee for the Scarsdale Fire Department was adopted by a unanimous vote: WHEREAS, in recognition of the Scarsdale Fire Department’s provision of essential public safety services to the Scarsdale community, the Fenway Charitable Fund Committee, Old Mamaroneck Road, Scarsdale, NY, has offered to donate $5,000 to the Department toward the purchase of equipment deemed most important to assist in the safety of Scarsdale’s firefighters and the general public; and WHEREAS, pursuant to Policy #106 of the Village of Scarsdale Administrative Policies and Procedures Manual entitled, “Gifts to the Village of Scarsdale”, acceptance of all gifts valued at $500 or more must be approved by the Village Board of Trustees; now, therefore, be it RESOLVED, that the Village Board of Trustees hereby accepts the gift of $5,000 from the Fenway Golf Club; and be it further RESOLVED, that the $5,000 gift be deposited into the Fire Department Gift Account (#TE 93-09); and be it further RESOLVED, that the Village Board of Trustees hereby extends its thanks and appreciation to the members of the Fenway Golf Club for their generosity. ******** Municipal Services Committee Prior to Trustee Stern introducing the next resolution, Trustee Stern gave some background information to the Trustees and the Village at large on this subject. This resolution concerns equipping the Scott Room in the Library with the ability to broadcast live almost every program that the Library would like to have aired. This will allow almost every program to be accessible for every single resident in the Village whether they are infirmed and cannot get out, the weather is bad, etc. and watch almost every program that is held there. If they cannot watch it live, they can go to Scarsdale Public TV and watch it on demand. This is a large step for the Village and the Library in its services to the residents. In regard to how the money is made available for this service, this money is a special fund set aside called the PEG fund and it does not come from Scarsdale taxpayer dollars. This money comes from the cable company, Verizon and Optimum in what is called a PEG fund which can only be used for the purchase of equipment such as this or for the studio. Village Board of Trustees 12/8/2015 494 Trustee Stern noted that every month on the cable bill if one subscribes to Optimum or Verizon, there is a fee for public television. This is not a fee that is mandated by the Village, it is mandated by the Federal government, but it enables one to watch public television offered by the local municipalities and other public services. Trustee Stern noted again that this is a very big step for the Village of Scarsdale and the Library in expanding services to the residents. He publicly thanked the Cable Television Commission, the Cable Coordinator, the Village Staff; particularly the Assistant Village Manager and his staff who worked tirelessly on this for a long period of time to make this happen. He also diligently reduced the acquisition cost by tens of thousands of dollars. Upon motion entered by Trustee Stern, and seconded by Trustee Lee, the following resolution regarding the Award of VM Contract #1191 – Television Production Equipment was approved by the vote indicated below: WHEREAS, the Scarsdale Cable Commission (Commission) presented recommendations to modernize the Village’s Cable Television production equipment at the Village Board of Trustees July 14, 2015 Municipal Services Committee meeting (attached); and WHEREAS, the July 2015 recommendation is necessary to improve the quality and quantity of programming on the Scarsdale Government and Public Access Television channels by upgrading the studio production equipment at Village Hall as well as purchasing new equipment to be housed at the Scarsdale Public Library to facilitate programming at the Library’s Scott Room; and WHEREAS, the July 2015 recommendation included high definition robotic cameras, high definition video production switchers, high definition video playback servers, and other various pieces of video production equipment; and WHEREAS, the Municipal Services Committee recommended that the procurement of the Commission’s cable production equipment move forward; and WHEREAS, the Library Board of Trustees previously endorsed the Commission’s proposed audio/video upgrades at their meeting on April 13, 2015 (attached); and WHEREAS, the equipment was originally estimated to cost $116,990 and pursuant to New York State General Municipal Law section 103, all purchase contracts over $20,000 must be competitively bid and approved by the Village Board of Trustees; and Village Board of Trustees 12/8/2015 495 WHEREAS, on Friday, October 30, 2015, the Village advertised for the receipt of bids under VM Contract #1191 – Television Production Equipment through BidNet, an on-line bidding service utilized by the Village, and through bid notifications sent to authorized resellers of the equipment; and WHEREAS, the equipment bid pursuant to VM Contract #1191 was segregated and organized into four separate categories; Groups A, B, C, and D, with the Village reserving the right to award said groups in any manner deemed to be in the best interest of the Village; and WHEREAS, on the bid opening date of November 19, 2015, 13 sealed bids were received with the lowest apparent bids received for Group A and D from Woodgate Sales LLC in the amounts of $33,632.00 and $2,362.00 respectively, and Group B and C from Video Corporation of America (VCA) in the amounts of $20,988.00 and $31,452.00 (less the cost of the iPads) respectively, in accordance with the Bid Tabulation Sheet attached hereto and made a part of; and WHEREAS, upon review of the bids submitted for Groups A and D, the apparent lowest bids received from Woodgate Sales LLC were non-compliant due to their inability to verify their authorization as a reseller of those products; and WHEREAS, upon further review of the bid submitted for Group B, it was revealed that the apparent lowest bid received from VCA contained an error in pricing whereby they priced the incorrect product at a much lesser cost and, as such, VCA withdrew their Group B bid; and WHEREAS, Village staff also reviewed bids submitted for two Apple Air Wifi 16GB iPads and determined that competitive pricing could be utilized through New York State Contract number PT65428 and herein recommends rejecting all bids for the two Apple Air Wifi 16GB iPads; and WHEREAS, the next lowest responsive bidder for Group A is AMV Broadcast Sales in the amount of $34,831.98, Group B’s next lowest responsible bidder is Video Hi-Tech d.b.a Adwar, in the amount of $28,319.50, and Group D’s next lowest responsible bidder is B & H Photo Video, in the amount of $2,364.00; and WHEREAS, the second lowest responsive bidder for Group A, AMV Broadcast Sales, contacted the Village requesting to withdraw their bid relative Village Board of Trustees 12/8/2015 496 to a previous error, having priced their products on the basis that all four Groups would be awarded to a single bidder; and WHEREAS, the third lowest responsive bidder for Group A is B & H Photo Video in the amount of $34,974.20, less the cost of the two rugged equipment cases identified for which they provided no bid, said cases to be awarded to the next lowest responsive bidder for Group A, Varto Fine Arts Tech, Inc in the amount of $905.00; and WHEREAS, Village staff checked references for these bidders and verified their status as authorized resellers, and herein recommends awarding VM Contract 1191 to said bidders; and WHEREAS, the Village sets aside funds derived from existing Franchise Agreements with our two cable operators for Public Access, Educational Access and Government Access TV Channels (PEG), that, by law many only for the purchase of cable equipment and studio upgrades; now therefore be it RESOLVED, that VM Contract #1191 – Television Production Equipment Group A (less the rugged equipment cases) be awarded to B & H Photo Video, 440 Ninth Avenue, New York, New York 10001, in the amount of $34,974.20; and be it further RESOLVED, that VM Contract #1191 – Television Production Equipment Group A (rugged equipment cases for the Newtek Tricaster Production Switcher and Control Surface, only) be awarded to Varto Fine Arts Tech, Inc., 195 Hackensack St, East Rutherford, NY 07073, in the amount of $905.00; and be it further RESOLVED, that VM Contract #1191 – Television Production Equipment Group B be awarded to Video Hi-Tech d.b.a. Adwar, 125 Gazza Blvd, Farmingdale, New York 11735, in the amount of $28,319.50; and be it further RESOLVED, that VM Contract #1191 – Television Production Equipment Group C be awarded to Video Corporation of America, 370 Seventh Avenue, New York, New York 10001, in the amount of $31,452.00; and be it further RESOLVED, that VM Contract #1191 – Television Production Equipment Group D be awarded to B & H Photo Video, 440 Ninth Avenue, New York, New York 10001, in the amount of $2,364.00; and be it further Village Board of Trustees 12/8/2015 497 RESOLVED, that the Village Manager is herein authorized to execute VM Contract #1191 – Television Production Equipment for the total amount of $98,014.70 on behalf of the Village of Scarsdale with the aforementioned responsive bidders and undertake all administrative acts as may be required under said agreement; and be it further RESOLVED, that the amount of $20,000 be transferred from H 909-.08 Reserve for CATV-F/B to the Capital Budget Account H-1997-961 2011- 106-Eqp-CATV-Studio, and that the total cost of $98,014.70 to fund VM Contract #1191 be charged to Capital Budget Account H-1997- 961 2011-106-Eqp-CATV-Studio. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Village Attorney Esannason noted that he would like the record to reflect and clarify that the Resolution was approved for a total amount of $98,014.70. ******** Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution regarding Adoption of the 2015 Westchester County, New York Hazard Mitigation Plan Update was approved by a unanimous vote: WHEREAS, all jurisdictions within Westchester County have exposure to natural hazards that increase the risk to life, property, environment, and the economy, and the pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life, property, environment, and the economy; and WHEREAS, the Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and Village Board of Trustees 12/8/2015 498 WHEREAS, a Hazard Mitigation Plan (HMP) serves two primary functions: (1) to identify the risks and hazards in the community and associated mitigation goals, objectives, and actions to reduce damage from future hazards most likely to occur, and (2) to establish eligibility for all federal mitigation grant funding for public and private mitigation projects; and WHEREAS, the Village of Scarsdale completed its HMP utilizing Federal Emergency Management Agency (FEMA) grant funds in 2011, followed by FEMA approval and subsequent Village Board adoption via resolution dated October 25, 2011 (attached); and WHEREAS, FEMA has indicated that they will no longer fund single jurisdictional plans or updates and are strongly encouraging all municipalities to join a multi-jurisdictional plan; and WHEREAS, the County of Westchester invited all municipalities within the County to participate in its county-wide HMP update, thereby cultivating a Coalition of Westchester County municipalities with like planning objectives to pool resources and create consistent mitigation strategies; and WHEREAS, by joining Westchester County’s HMP update initiative via resolution dated January 28, 2014 (attached), the Village of Scarsdale entered into a process to fulfill the HMP program’s mandatory plan update requirement; and WHEREAS, the Westchester County Coalition has completed a planning process that engaged the public, assessed the risk and vulnerability to the impacts of multiple potential hazards, developed a mitigation strategy consistent with a set of uniform goals and objectives, and created a plan for implementing, evaluating, and revising the strategy; and WHEREAS, the Federal Emergency Management Agency Region II and the New York State Division of Homeland Security & Emergency Services completed its review of the 2015 Westchester County Coalition’s Hazard Mitigation Plan and conditionally approved the final plan, pending formal adoption by all participating jurisdictions, including the Village of Scarsdale; and WHEREAS, a copy of the entire final Westchester County 2015 HMP and the Village of Scarsdale portion can be found at Village Board of Trustees 12/8/2015 499 http://www.scarsdale.com/Home/Departments/VillageMan ager/WestchesterCountyHazardMitigationPlan2015.aspx; and WHEREAS, the strategies and commitments contained within the updated 2015 HMP of the Village of Scarsdale remain unchanged to that of the previously approved October 2011 HMP; now, therefore, be it RESOLVED, by the Village of Scarsdale Board of Trustees that: 1. The Village adopts, in its entirety, the 2015 Westchester County Hazard Mitigation Plan (the “Plan”) as its Hazard Mitigation Plan and resolves to execute the actions identified in the Plan that pertain to this jurisdiction; 2. The Village will use the adopted and approved portions of the plan to guide pre-and post-disaster mitigation of the hazards identified; 3. The Village will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority; 4. The Village will continue its support of the Mitigation Planning Committee, as described within the Plan; 5. The Village will help to promote and support the mitigation successes of all Plan participants; 6. The Village will incorporate mitigation planning as an integral component of government and partner operations; and 7. The Village will provide an update of the Plan in conjunction with Westchester County no less than every five years. ******** Village Manager Pappalardo stated that the 2015 Westchester County Hazard Mitigation Plan is on the Village’s website, www.scarsdale.com if anyone is interested in reading it. ******** Village Board of Trustees 12/8/2015 500 Upon motion entered by Trustee Stern, and seconded by Trustee Pekarek, the following resolution regarding Rejection of Bids for VM Contract #1189 – Furnish and Deliver Automotive Parts was approved by the vote indicated below: WHEREAS, pursuant to a long standing Intermunicipal agreement, the Village of Scarsdale, through its Department of Public Works Central Garage Division, provides preventative maintenance and emergency repairs to the Village and Scarsdale Union Free School District’s fleet of vehicles and equipment, and is also responsible for the purchase of all parts and materials for said fleet; and WHEREAS, in an effort to streamline the purchasing process for certain automotive parts and materials, VM Contract #1189 – Furnish and Deliver Automotive Parts, was prepared and separated into the following six proposals: Proposal A – Passenger Cars and Light Truck Parts; Proposal B – Heavy Duty Truck Parts – 21,000 to 45,000 pound Gross Vehicle Weight (GVW); Proposal C – Original Equipment Manufacturer (OEM) – Dealer List for Cushman parts; Proposal D – OEM –Dealer’s List for Bluebird Bus Body parts; Proposal E – OEM – Dealer’s list for Thomas Bus Body Parts; and Proposal F – Snow Blade Parts; and WHEREAS, the Village Manager reports that he publicly advertised for the receipt of bids on October 2, 2015, for VM Contract #1189 – Furnish and Deliver Automotive Parts and; WHEREAS, on the bid opening date of October 27, 2015, six bids were received, with many of the items going unbid or receiving a sole bid resulting in staff concern over the competitiveness of bids; and WHEREAS, after comparing the bids with comparable state and county contracts just recently made available for these parts, staff determined that the bids received were not competitive with lower priced automotive parts on the state and county contracts; and WHEREAS, staff recommends rejecting all bids received pursuant to VM Contact #1189 and purchasing the required automotive parts from available state and county contracts for which the Village is authorized under state statute; now, therefore, be it RESOLVED, that the Village Board of Trustees pursuant to Section 103 of the New York State General Municipal Law and Chapter 57-7 of the Village Code, herein rejects all bids for VM Contract #1189 – Furnish and Deliver Automotive Parts; and be it further Village Board of Trustees 12/8/2015 501 RESOLVED, that the Village Manager shall pursue the procurement of the automotive parts identified in VM Contract #1189 through the applicable state and county contracts for which said parts are currently available at more favorable pricing. AYES NAYS ABSENT Trustee Callaghan None None Trustee Finger Trustee Lee Trustee Pekarek Trustee Samwick Trustee Stern Mayor Mark ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that twelve (12) communications have been received since the last meeting. Correspondence was received from the following regarding the proposed Residential Adolescent Treatment Facility at 2 Morris Lane:  One (1) petition objecting to the facility  A letter from Professor Alice Micheali, 225 Heathcote Road  Correspondence from Josh Frankel, 45 Black Birch Lane Correspondence was received concerning the proposed Library Expansion and renovation from the following:  Susan Horn, 5 Brookline Road  Lee & Nan Berke, 2 Brookline Road Village Board of Trustees 12/8/2015 502  Dorine H. Perahia, 106 Palmer Avenue  Felicia Block, 61 Carman Road  Allison Block, 50 Butler Road  Melissa & Jason Sorkin, 4 Seneca Road Additional correspondence received was as followed:  An email from Michael D’Angelo, 18 Highland Way, regarding Fox Meadow Road resurfacing.  An email from Mary Louise Perlman, 1 Carstensen Road, regarding the food waste composting program.  Correspondence from Josh Frankel, 45 Black Birch Lane, with submission of a report on the Question of Property Values ******** There being no further business to come before the Board, Trustee Samwick moved to adjourn the meeting, seconded by Trustee Lee and carried by a unanimous vote at 9:17 P.M. ******** At 9:27 P.M., Mayor Mark reconvened the Village Board meeting, recognized that Board members are present and moved to convene in Executive Session to discuss existing and potential litigation matters regarding sanitary sewers, seconded by Trustee Finger and carried by a unanimous vote. Donna M. Conkling Village Clerk