Board of Trustees
Regular MeetingScarsdale, NY · September 27, 2016
Minutes
Village Board of Trustees 09/27/2016 392
THREE THOUSAND TWO HUNDRED SIXTY-THIRD
REGULAR MEETING
Rutherford Hall
Village Hall
September 27, 2016
A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in
Rutherford Hall in Village Hall on Tuesday, September 27, 2016, at 8:00 P.M.
Present were Acting Mayor Samwick, Trustees Callaghan, Finger, Pekarek, Stern, and
Veron. Also present were Acting Village Manager Cole, Assistant Village Manager Richards,
Acting Village Attorney Garrison, Village Treasurer McClure, and Village Clerk Conkling.
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The minutes of the Board of Trustees Regular Meeting of Tuesday,
September 13, 2016 were approved on a motion entered by Trustee Callaghan, seconded by
Trustee Finger, and carried unanimously.
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Bills & Payroll
Trustee Veron reported that she had audited the Abstract of Claims dated
September 27, 2016 in the amount of $1,737,346.81 which includes $44,714.67 in Library
Claims previously audited by a Trustee of the Library Board which were found to be in order
and she moved that such payment be ratified.
Upon motion duly made by Trustee Veron and seconded by Trustee Pekarek, the
following resolution was adopted unanimously:
RESOLVED, that the Abstract of Claims dated September 27, 2016 in the amount of
$1,737,346.81 is hereby approved.
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Mayor’s Comments
Acting Mayor Samwick stated that he had comments this evening from Mayor Mark
that he prepared and will share with the public:
Village Board of Trustees 09/27/2016 393
“The first is regarding the Preliminary Equalization Rate that was issued by ORPTS:
As noted at the last Village Board meeting, the NYS Office of Real Property Tax Services
has issued a preliminary equalization rate of 89.06. We had indicated that the Village might
pursue an administrative appeal process in an effort to persuade ORPTS to revise its
preliminary finding and instead issue a rate of 100. Since such a process requires expertise
relevant to how ORPTS calculates the equalization rate, the Village retained a specialist
whose work experience includes equalization rate challenges of the sort being considered.
The specialist’s name is Laurence P. Farbstein, President of Industrial and Utility Valuation
Co. of Latham, NY. The Village staff collected names of individuals who do this sort of
work and after interviewing, considered Mr. Farbstein to be well qualified. He was vetted by
the Staff by contacting municipalities for whom he has worked in the past and through web
searches. That process yielded favorable information about Mr. Farbstein. The appropriate
background check was conducted for Mr. Farbstein and did not reveal any concerning
results. Mr. Farbstein charges $250 per hour for his services and his compensation for this
assignment was capped at $7500.
Mr. Farbstein has reviewed ORPTS’ treatment of the sales reported to ORPTS,
those excluded from ORPTS analysis and ORPTS’ trending analysis over the duration of the
assessment period. Mr. Farbstein’s analysis was forwarded to ORPTS for their review and
consideration. The hope is that Mr. Farbstein's analysis will persuade ORPTS that our
aggregate assessments are closer to 100% than ORPTS’ preliminary Equalization Rate. Note
at that at this point the process is an informal one. We will consider whether or not it would
be worthwhile to pursue a formal of ORPTS’ determination after we hear back from them
and may or may not do so depending on what we learn from this informal process.
The second topic, one of the items before the Board this evening, although it is
planned to refer this item to Committee, is Consideration of Phase-In Legislation. A special
meeting of the Town Board has been noticed for this evening. The sole purpose of that
meeting will be to take up a resolution which if adopted, would request that our
representatives in Albany start the State legislative process for enacting a law that would then
permit the Village to adopt a Code provision that would phase-in certain levels of reassessed
values over a period of time, likely three years. The possibility of pursuing this course was
mentioned during the Mayor’s comments at the last Village Board meeting. It is not
contemplated that action will be taken this evening and that the matter instead will be
referred to a future committee meeting for consideration and public comment. However,
should there be an interest in pursuing this course, we needed to get the process started in
order to be timely in submitting materials to Albany.
Even though the matter is a Town Board matter, if residents in attendance wish to
comment on this subject during the public comment section of this meeting they should feel
free to do so.
Turning now to a Village operational matter, the Hyatt Park Comfort Station was
vandalized recently. The newly completed comfort station at Hyatt Field was severely
Village Board of Trustees 09/27/2016 394
damaged by vandals about ten days ago. The Village will undertake repairs. It is estimated
there was about $2,000 worth of damage. Whether or not to install the comfort station was
a neighborhood issue at the time the Hyatt Field playground was being built. In part as a
result of the discussions that took place with residents at that time, use of the facility is
limited to Scarsdale residents who purchase key fobs that allow for electronic access.
Prompted by the recent incident, the Village Staff has been in contact with the Bramlee
Heights neighborhood association, and will perform additional outreach to residents whose
homes are adjacent to Hyatt Field, to revisit policies for the operation of the facility. At
present, one thought is that if the facility is left unlocked during daylight hours so it can be
made available to all who use Hyatt Field, which might take some pressure off of the present
restricted use policy. There is a lively discussion of the access issue going on Scarsdale
10583.com with a range of views being expressed. No changes in the policy will be made
until the Village Parks and Recreation Department has obtained some feedback from
residents on this proposal – and it is possible that after considering that input the present use
policy will remain in place.
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Manager’s Comments
None.
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Public Hearing
Trustee Pekarek introduced a Public Hearing to determine the number of taxicabs to
be licensed in Scarsdale in 2017 pursuant to Section 272-3 of the Village Code. She noted
that for thirty (30) years, the Board of Trustees has annually authorized the issuance of 25
taxicab licenses. For the past ten (10) years, the average number of licenses issued has been
23. As is customary, the Scarsdale Police Department did an unscheduled taxi inspection in
August and September and found that all the vehicles were in compliance with all safety and
other required documentation and were in presentable condition. The Police Department
uses a checklist of approximately 21 items. These unscheduled taxicab inspections will
continue in the future.
Trustee Pekarek further stated that based on research provided by Village Clerk
Conkling, current data noted a very slight increase both in population and weekday train
ridership over the last five to six years. Nevertheless, the current maximum allowance of 25
taxicab licenses should continue to be adequate to meet the needs of the community for
2017.
Trustee Pekarek moved opened the hearing to public comment, seconded by Trustee
Finger and carried unanimously.
Village Board of Trustees 09/27/2016 395
As there were no comments from the public, Trustee Pekarek moved to close the
public hearing, seconded by Trustee Finger and carried unanimously.
Upon motion entered by Trustee Pekarek, and seconded by Trustee Veron, the
following resolution regarding the Number of Taxicabs to be licensed in the Village of
Scarsdale for 2017 was approved by the vote indicated below:
WHEREAS, Village staff has reviewed the necessary areas of taxi service in
accordance with Article II, Section 272-3 of the Village Code in order
to recommend the number of taxicabs to be licensed in the year
2017; and
WHEREAS, the Village Board of Trustees approved by resolution (attached) on
September 21, 2015, the issuance of up to twenty-five (25) taxicab
licenses in 2016, with the Village Clerk having issued twenty-three
(23) 2016 taxicab licenses; and
WHEREAS, based on population, train ridership data, and the number of licenses
sold, Village staff has determined that the current number of 25
taxicab licenses is adequate for the proper supply of service
throughout the Village in 2017; now, therefore, be it
RESOLVED, that pursuant to Article II, Section 272-3 of the Scarsdale Village
Code, the number of taxicab licenses to be issued in 2017 should be
set at twenty-five (25); and be it further
RESOLVED, that the Village Clerk is hereby authorized to issue said licenses in
accordance with the provisions of the Village Code.
AYES NAYS ABSENT
Trustee Callaghan None Mayor Mark
Trustee Finger
Trustee Pekarek
Trustee Stern
Trustee Veron
Acting Mayor Samwick
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Public Comment
Ron Schulhof, Springdale Road, speaking as Chair of the Ad Hoc Committee on
LED Streetlights, stated that he had a quick update for the Board and the public.
Village Board of Trustees 09/27/2016 396
He stated that as many are aware, the Village has been running a pilot on the LED
streetlights on Mamaroneck, Heathcote, Springdale, Post, and Tisdale Roads for the last
couple of months. The committee has recently sent out another request for public feedback
on that pilot. However, earlier today the committee received an update from one of the
manufacturers of the pilot lights that they are using. The Manufacturer stated that they will
be making significant, positive changes to their fixtures in the coming months. This will
impact how the committee thinks about this pilot and how they move forward while they
wait for the updated fixtures. In the interim, the fixtures currently in place will be taken
down – the lights on Heathcote and Post Road between Crane Road and Wayside Road.
There will still be lights in those areas; the pilot lights will be replaced with the lights that
were there before. The committee will be providing a much more detailed update as soon as
they can; hopefully this week. If the public has any questions, the committee can be reached
at LED@Scarsdale.com.
Robert Berg, 32 Tisdale Road, stated that the proposed resolution to seek
authorization from the Legislature to phase in the Ryan tax increases for certain qualified
property owners is a really bad idea. The Ryan revaluation needs to be invalidated. If the
Board is going to seek special legislation from the State Legislature and the Governor, the
Board should ask for meaningful legislation – ask the Legislature to annul the Ryan
revaluation because it completely failed the goal of assessing properties at 100% Fair Market
valuation and reinstate the 2015 Assessment Roll. The Board should lobby the Legislature
to give the Office of Real Property Tax Services an enforcement authority to make sure that
municipalities conduct revaluations properly and give ORPTS the power to void them when
the revaluations are done improperly.
Robert Parlato, 1 Sherbrooke Road, stated that he would like to speak about the
Board of Assessment Review (BAR). He asked what the qualifications were to serve on the
BAR to enable those members to understand the proper practices of assessment and
appraisals.
Acting Mayor Samwick replied that he did not believe there was a ‘set’ qualification;
however, he added that the process by which the BAR operates falls within the framework
of New York State legislation and guidelines and is very strictly mandated.
Acting Village Manager Cole added that the Village is always looking for interested
citizens with skill sets that are appropriate for the BAR, and residents should submit their
names for candidacy for appointment, as well as submissions for other Boards and Councils.
This is how the Village can help make sure that the skill sets that are present in these
committees actually represent the needs that each of them have when making decisions.
Trustee Stern added that there is a short mandated training period for BAR
members and asked Mr. Berg, who is a member of the BAR, to explain further.
Village Board of Trustees 09/27/2016 397
Mr. Berg stated that the State requires that members of the BAR take a training
course.
Mr. Parlato stated that in his opinion, the BAR does not have the proper tools to
make decisions and needs help from professionals – assessors, real estate brokers, and
attorneys. He stated that he has reviewed many of the BAR’s decisions and he didn’t agree
with them – they are not following sold comps and the numbers are all over the place. The
BAR needs to be given the tools to do their job properly or there will be another big mess.
Acting Mayor Samwick stated that he believed in the majority of the cases,
appraisals are part of what is usually submitted for a grievance. Anyone who is not satisfied
with the grievance procedure can bring it further through the SCAR process or an Article 7
process.
Mr. Parlato argued that less people would go to court if the BAR had the proper
tools to review the grievances. He then discussed his recent grievance that he took before
the BAR and his displeasure with the results. He also stated that the Assessor is ignoring his
deed restrictions on his Heathcote lots.
Acting Village Manager Cole stated that the Village Administration has heard a
variety of community concerns and comments about the Assessor’s office and as the Village
begins to move forward from the 2016 revaluation, all of those comments will be taken into
consideration and plans may be developed in the future that will more effectively address
these concerns. A plan is being worked on to help to improve some of the aspects of the
Assessor’s operation and the fairness in assessments in the community. He stated that he
could not give him a plan at this moment; however, that type of effort is underway. The
Village may in the future reach out to members of the community who are most well versed
in this area to help define what that path forward might be.
Mr. Parlato discussed with the Board and Acting Village Manager Cole the topic of
the salaries earned in the Assessor’s office. Mr. Parlato stated that he deals with many
Assessors’ offices throughout the County and does not see that kind of salary level for
personnel anywhere else.
Acting Mayor Samwick did note that as per Mr. Wolham of the ORPTS office,
there is a ratio of employees in an Assessor’s office of 2 per 1,000 residents. Scarsdale’s
ratios are not askew from the discussions he has had. He also noted to Mr. Parlato that in
regard to the reval, there has been a lot of turmoil since the June 1st reval came out and the
Board is actively reviewing every different element of it that they possibly can because it is
unacceptable. This is not something that the Board is comfortable to let stand.
Mr. Parlato continued, asking questions about the Assessor’s contract to which
Acting Mayor Samwick informed him that the Board would not opine on those matters and
Village Board of Trustees 09/27/2016 398
noted that an Assessor’s job is dictated by State regulations. Mr. Parlato stated that in his
opinion, the Assessor should be terminated, and many others also.
Mr. Parlato discussed at length the situation with assessment of his lots; Acting
Mayor Samwick reminded Mr. Parlato that a Board of Trustees meeting is not the forum to
discuss this. Mr. Parlato did not agree.
Acting Mayor Samwick stated that it is important that the Board hears all of the
issues they have listened very carefully to. The Board is aware of the situation and
sympathize with it. It is everyone’s goal to have a fair tax roll. His point is that there is
nothing this Board can do about that legally.
Norman Bernstein, 14 Wakefield Road, stated that as he understands it, what is
being considered is to provide a three year phase in for those who are going to get major
increases in their tax assessments. But, at the same time, not to phase in the tax relief for
those with the larger properties who are getting the benefit of the 2016 reval.
Acting Mayor Samwick responded that there are primary criteria that are being
contemplated right now and that are being requested to be reviewed by the State legislature.
Those are similar to what Greenburgh and Ossining have recently done. That is a criteria
test: one is that the assessed value went up by 25% in this reval and not based on any new
construction, that the homeowner be STAR eligible and maintain residency in the home
during the three year period.
Mr. Bernstein stated that what the Board is contemplating is non-
linear/asymmetrical. He is not opposed to giving the three year phase in to the people who
are getting hurt the most; what he is concerned about is the reverse side which is that those
who got the most benefit from the 2016 reval, their benefit is not phased in for three years
but given immediately. Giving that benefit immediately and giving some relief to those on
the lower side, shrinks the tax base and therefore increases the cost for everyone else in the
middle. He warned the Board that if this is pursued, he and other residents will file suit – in
his opinion, it is a fundamental denial of equal protection under the laws, and a fundamental
taking of property without due process of law.
Trustee Finger stated that procedurally, the Board is likely to defer the subject
resolution to committee and to not vote on it today because it is the first time it has come up
and because it is an important issue. There will be additional opportunities for residents to
come and give the Board their thoughts.
Mr. Bernstein thanked Trustee Finger for his comments; however, he stated that
he wanted to raise another issue that the Board should think about which is that he knows
there are some members of the Board who have benefited personally from the 2016 reval, so
he asked the Board to think about whether those people who have benefited and whose
Village Board of Trustees 09/27/2016 399
benefit under his approach would be reduced – those Board members may want to think
about recusing themselves from voting on something which affects them personally.
Acting Mayor Samwick noted that it is hard for the Board to pass a budget should
Trustees be precluded from voting on an issue that affects them personally, as well as a
number of things. However, he noted that Mr. Bernstein’s point is well taken.
Robert Harrison, 65 Fox Meadow Road, inquired about a report submitted to
ORPTS by Mr. Farbstein, a consultant hired by the Village.
Acting Village Manager Cole explained that Mr. Farbstein’s report is an analysis of
whether or not the preliminary equalization rate that ORPTS had announced is accurate or
not. There is a period during which they accept informal challenges back and forth between
the taxing jurisdiction and the State to make sure ORPTS didn’t overlook some form of
adjustment that should have been undertaken. Thus, the Village engaged Mr. Farbstein to
assist in that analysis; he presented findings which may adjust the equalization rate upwards
or it may not depending on ORPTS review of his work. The point is to validate ORPTS
work and/or propose an alternate scenario based on the Village’s analysis of the sales.
Mr. Harrison stated that there was a solid review of Mr. Farbstein’s background
and ability to do this kind of work.
Acting Mayor Samwick stated that it is the intention of the Board to hold a
Committee of the Whole meeting on this subject and the meeting is tentatively scheduled on
October 13, 2016 at 6:00 P.M.
Mr. Harrison stated that Ms. Kirkendall-Rodriguez submitted a written
communication to the Board which he then read. The correspondence concerned the
Assessor’s office and a petition to dismiss the Assessor.
Mr. Harrison then expressed his concern over the abilities of the Town Board of
Assessment Review (BAR) as Mr. Parlato mentioned earlier in his comments. He stated that
his own grievance package with many pertinent documents included went before the BAR
and he did not get any reduction. He stated that the BAR should be ashamed of themselves
and that the entire Ryan reval should be voided.
Acting Mayor Samwick thanked Mr. Harrison for offering his time as a
community service to other members of the community helping them with the grievance
process. He reminded the community that October 15th is the deadline if someone has
already filed a grievance and are not pleased with the outcome, to file a SCAR petition or
Article 7 grievance of the assessed value.
Mr. Berg asked to respond briefly on Mr. Harrison’s comments on the BAR.
He stated that members of the BAR are volunteers. They have local knowledge of the
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market but they are not for the most part licensed appraisers. Jane Curley, their newest
member was at one time a licensed appraiser and she is a very welcome addition to the BAR.
They spent the entire summer looking through the 1,103 grievances. They met generally
twice per week for three hours each time and had a total of 22 sessions. They did their duty
and they did the best they could, given the circumstances they had with their knowledge.
Mr. Berg stated that the companies that offer grievance services follow a business
model of trying to minimize their out of pocket expenses at the BAR stage of the
proceedings. They typically do not provide the BAR with an appraisal. They either provide
nothing or some random sales with no analysis in the package. For the bulk of those
grievances, they are denied because the BAR has no evidence to support a reduction in their
value. What those services do then is that they still try to not use an appraisal and then go to
the Assessor and try to negotiate to get a reduced value. That is why there was such a large
number of denials by the BAR. An appraisal gives the best evidence of a fair market
valuation of the property. The BAR generally gave those with an appraisal a reduction based
on the evidence they presented. He stated that he did not sit on Mr. Harrison’s grievance
because he is a friend of his, but since he raised the issue, Mr. Harrison’s appraisal was
terrible. He has his options to go to SCAR and hopefully he will do so with a better
appraisal. The fact that the BAR members are not professionals underscores the importance
of having an assessment roll that is a good assessment roll and having a reval done properly.
Acting Mayor Samwick thanked Mr. Berg and the other members of the BAR.
They put in an unbelievable number of hours. The reval was extremely unfortunate and
resulted in an enormous amount of work for the Board.
Trustee Stern also thanked the members of the BAR, stating that they sacrificed
their summer to do this work. He also stated that the Personnel Committee of the Board of
Trustees struggle to find people who are appraisers to apply for membership to the BAR.
Mr. Berg and the BAR have done an incredible job of performing their duties under great
pressure and adverse conditions.
Mr. Parlato stated that he wanted to thank Mr. Berg. He stated that he sat in a
few of the meetings and that is why he came up with the idea that the BAR needs the tools
and the backup to work with in dealing with grievances. He also thanked the Board of
Trustees for the work that they do.
Mr. Harrison stated that he did appreciate the work and time spent by the BAR;
however, as Mr. Parlato has stated, they may need some help.
Mr. Harrison stated that accompanying the letter informing him that there was no
change to his assessment from the grievance procedure, there was a handout from the New
York State ORPTS with a listing of corrections to the 2016 Tentative Assessment Roll and
explanation of error. There are 36 properties on the list including his.
Village Board of Trustees 09/27/2016 401
There being no further comments, Acting Mayor Samwick closed the public
comments portion of the meeting.
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Finance Committee
Trustee Finger reported on the statements of expense and revenue for the various
funds of the Village for the first quarter of fiscal year 2016-17.
General fund appropriations were 34.18% spent as of August 2016. The Village
refunded the balance of the 2009 debt issue which added a book expense of $7.1 million to
expenditures. Exclusive of this, expenditures were 21.48% spent, a 0.16% decrease from the
21.64% in 2015-2016.
General Fund Revenues other than property taxes are $11,585,840 through August
2016, including the revenue of $6,295,000 related to the bond refunding. Exclusive of the
bond revenue, other revenue is down $8,635 through August 2016 from the 2015-2016
figure of $5,269,474. Building Permit revenue (included in License and Permit revenue) is
$35,000 less than last year. Net Recreation Department revenue decreased $87,200 due to
decreased enrollment in some programs. The Recreation Department expects to make up
much of the deficit in September. Rental income dropped $192,000 due to the timing of
receipts. The drop is offset by the increases in Department Fees of $18,800 and tax
penalties and delinquent tax collections of $178,500. Decreases of $45,000 in Mortgage tax
and $31,800 in Court Fines were offset by increases in gross receipts tax and cable franchise
fees.
The actual collection of Village taxes through August 31, 2016 is at 98.54%. This is
an increase of 37 basis points from last year’s collection rate.
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Upon motion entered by Trustee Finger , and seconded by Trustee Pekarek, the
following resolution regarding the 2016/17 Financial Services Advisory Agreement was
approved by the vote indicated below:
WHEREAS, A recent rulemaking of the Securities and Exchange Commission
(SEC) and the Municipal Securities Rulemaking Board (MSRB)
require written annual agreements between bond advisors and their
clients; and
WHEREAS, For many years the Village utilized the financial advising services of
the Long Island firm of New York Municipal Advisors Corp.
Village Board of Trustees 09/27/2016 402
(NYMAC), said firm having merged with Capital Markets Advisors,
LLC; a few years ago; and
WHEREAS, Capital Markets Advisors, LLC, recently advised the Village on the
2015 and 2016 bond refundings which resulted in combined savings
to the Village in excess of $840,000 over the term of the issues; now
therefore, be it
RESOLVED, that the Village Board of Trustees hereby authorizes the Village
Manager to execute the 2016/17 Financial Advisory Services
Agreement between the Village of Scarsdale and Capital Markets, LLC,
of Great Neck, N.Y., in substantially the same form as attached hereto,
for a term of one year; and be it further
RESOLVED, that the Village Manager is, herein, authorized to undertake all
administrative acts required pursuant to the terms of the Agreement.
AYES NAYS ABSENT
Trustee Callaghan None Mayor Mark
Trustee Finger
Trustee Pekarek
Trustee Stern
Trustee Veron
Acting Mayor Samwick
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Municipal Services Committee
Upon motion entered by Trustee Pekarek , and seconded by Trustee Veron, the
following resolution regarding Authorization to Execute an Amendment to the Lease
Agreement with New York SMSA Limited Partnership d/b/a Verizon Wireless for the 110
Secor Road Site was approved by the vote indicated below:
WHEREAS, the Village Board of Trustees adopted a resolution on October 28,
2008 (attached), authorizing the Village Manager to enter into a lease
agreement (Lease) with New York SMSA Limited Partnership d/b/a
Verizon Wireless (Verizon) for the installation of a wireless
telecommunications facility on Village-owned property at the
Recycling Center Smokestack (Smokestack) located at 110 Secor
Road; and
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WHEREAS, the Village Manager, on March 16, 2009, executed the Lease
(attached), for a term of ten (10) years, containing two automatic five
(5) year renewals; and
WHEREAS, in 2015 Verizon requested Village approval to relocate its wireless
telecommunication equipment to a vacated space located above its
current position and install related ancillary equipment and an
emergency generator, as identified in Exhibit A-1 of the lease
amendment (attached); and
WHEREAS, pursuant to Chapter 310-79 of the Scarsdale Village Code, in
November 2015 the Planning Board renewed and amended the
Special Use Permit (attached) to include the revised smokestack space
and generator installation, conditioned upon an amendment to the
lease and a Special Use Permit term of an additional five years from
November 18, 2015 and ending on November 18, 2020; and
WHEREAS, the Village and Verizon negotiated a lease amendment to include a
year-to-year rent increase of $6,900, from $48,551.73 in FY 15/16 to
$56,908.28 for FY 16/17, including an annual escalation clause of 3%
or the increase in the CPI, whichever is greater; and
WHEREAS, pursuant to a recent inspection, the lease amendment also requires
Verizon to perform certain repair work to the Smokestack for an
amount not to exceed $37,200.00; and
WHEREAS, based on an overall site inspection of the 110 Secor Road Recycling
Facility, certain site repair work and signage improvements have been
identified, said work to be completed at Verizon’s expense, estimated
at a cost of $25,000; and
WHEREAS, this lease agreement amendment was originally submitted to the
Village Board at its April 26, 2016 meeting, and subsequently tabled
by the Board subject to further negotiation; and
WHEREAS, the Village Attorney has reviewed the proposed amendment to the
lease agreement and has approved as to form; now, therefore, be it
RESOLVED, that the Village Manager is herein authorized to execute an
amendment in substantially the same form as attached hereto, to a
March 16, 2009 lease agreement between the Village of Scarsdale and
New York SMSA Limited Partnership d/b/a Verizon Wireless,
which includes Verizon’s obligation to perform certain repair work to
the Smokestack located at 110 Secor Road, relocation of wireless
Village Board of Trustees 09/27/2016 404
telecommunications equipment, installation of an emergency
generator, and other related site improvements, as further identified
in the lease amendment; and be it further
RESOLVED, that the Village Manager is herein authorized to undertake
administrative acts as may be required pursuant to the lease agreement
and amendment.
AYES NAYS ABSENT
Trustee Callaghan None Mayor Mark
Trustee Finger
Trustee Pekarek
Trustee Stern
Trustee Veron
Acting Mayor Samwick
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Other Committee Reports
None.
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Liaison Reports
Trustee Veron reported as liaison to the Advisory Council on Scarsdale Senior
Citizens. She stated that the meeting was extremely well attended with active participation.
She noted that there are significant efforts made by the Recreation Department with respect
to programming to target it to the Scarsdale Seniors. The effort between the Scarsdale
Seniors and the Recreation Department is appreciated very much.
Trustee Veron reminded the community that the Personnel Committee of the Board
is still accepting applications to the Ad Hoc Committee on Communications. There has
been great interest from the community. Applications can be submitted through October
7th. The Committee’s charge is to support the communication platform that the Village will
soon be releasing as well as devise a strategy to enable and improve communications
between residents and local government. She thanked the Village Manager’s office for
posting the materials that the Board receives in their packets on line attached to the agenda –
all of the backup material that the Board receives can be accessed through the agenda on the
Village’s website, www.scarsdale.com.
Village Board of Trustees 09/27/2016 405
Trustee Callaghan stated that the great 9/11 ceremony that Captain Stephen Mulcahy
ran was very remarkable, moving and worthwhile ceremony.
As Fire Commissioner, Trustee Callaghan reported that a semiannual meeting of the
paid firemen and the volunteers was held and the working relationship between those two
groups is getting closer. He noted that he has been a member of the Fire Department for 37
years
Trustee Callaghan reported that the Advisory Council on Parks and Recreation had a
meeting last Tuesday. Improvements to the parking facility at Hyatt Field is being reviewed.
The September 10th Jamboree that was held at Crossway was quite a success with
approximately 500 participants.
Trustee Stern commented on water bills, and stated that his water bill is $65.00 per
month. He stated that he has a sprinkler system but he rarely uses it because he doesn’t
have to use it. One of the reasons he doesn’t have to use it is because he recycles the grass
cuttings, leaving them on the lawn. Grass is approximately 55% water so by having a
landscaper collect the grass and have the Village then collect it, a good percentage of the
investment in the water that is put on the lawn in the first place is lost. The grass clippings
also make good fertilizer. He stated that the environment would be much better off, the
lawns would be better off and people would save on their water bills if they grass cycled.
Regarding leaf mulching, Trustee Stern stated that there is a clear savings in the use
of fertilizer. With the new technology and equipment, the leaves are chopped up finely and
the leaves are not noticeable on the lawn before they then go into the ground very quickly.
The Village has been leaf mulching on all Village properties for approximately four years.
Trustee Pekarek stated that the Conservation Advisory Council (CAC) has been
studying, via a resolution from the Board of Trustees, solar installations, specifically on front
facing properties. They have done an incredible job reviewing a variety of solar ordinances
and proposals. The CAC also did a survey and received well over 250 responses. Their
report will be delivered to the Board of Trustees within the week.
At Secor Road and Palmer Road, Trustee Pekarek stated that the CAC is going to
take an open space and transform it into a meadow. On October 8th and 9th, they need some
community support, so if residents would like to volunteer to help, there will be a morning
and afternoon session. Lee Fischman is the Chair of the CAC and Ron Schulhof is also a
member.
On October 25th at 6:00 P.M., Trustee Pekarek stated that the Municipal Services
Committee is reviewing a traffic study that was commissioned by the Village. There is also a
review of that traffic study by the Scarsdale Forum. Deputy Village Manager Cole added
that there is a staff memo from the Police Department that describes some of their
enforcement activities. Trustee Pekarek stated that all of these documents will be online.
Village Board of Trustees 09/27/2016 406
She encouraged all of the environmental organizations and those interested to comment on
this. If one cannot attend the meeting, written comments can be submitted to her or the
Mayor.
Trustee Finger reported on the Scarsdale Teen Center, stating that they are working
very hard this year and have a lot of excellent programs. One, which many people know
about, ‘Escape the Room’ is continuing and available for private groups. It is being
refreshed and the themes are being changed. It has been very successful and it is a good way
to support the Teen Center. Also supporting the Teen Center is the Guiding Eyes for the
Blind and Westchester Chess Club which are two good organizations but are also using the
facility appropriately and supporting the Center.
Trustee Finger stated that lastly, in collaboration with the PT Council, the Center will
bring a documentary called ‘Screenagers’ to the community. This movie looks at children’s
growing reliance on technology to entertain themselves and what that has meant in terms of
their social development. Board members Heather Panessa and Jennifer Costello brought
the program to the Center Board’s attention to assist in a community dialogue on this topic.
Scarsdale Edgemont Family Counseling Services will moderate the discussions and the
Scarsdale Library will provide space and equipment to air the documentary, not once but
twice. The dates will be Wednesday, November 2nd at 7:30 P.M. and Thursday, November
3rd at 9:15 A.M.
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Written Communications
Village Clerk Conkling stated that all communications received that are written to the
Mayor and Board of Trustees can be viewed on the Village’s website, www.scarsdale.com
under the Board of Trustees or Village Clerk section.
Four (4) communications have been received since the last regular Board of Trustees
meeting held on September 13, 2016.
• An email from Mayra Kirkendall-Rodriguez attaching a Petition to Dismiss
The Village Assessor
• An email from the Aarts-Bekker Family, 2 Chesterfield Road, regarding
unsafe traffic conditions on Fox Meadow Road. A response from the
Manager’s Office is attached. An additional email from Peter Bekker was
received thanking the Village for the prompt response in deploying a speed
wagon to the area of concern.
• An additional email from Mayra Kirkendall-Rodriguez setting forth various
concerns which are addressed by Mayor Mark in his response attached.
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Village Board of Trustees 09/27/2016 407
There being no further business to come before the Board, the meeting was
adjourned at 9:31 P.M...
Donna M. Conkling
Village Clerk
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