Board of Trustees

Village Board of Trustees 11/28/2017 501 THREE THOUSAND TWO HUNDRED NINETY-THIRD REGULAR MEETING Rutherford Hall Village Hall November 28, 2017 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, November 28, 2017 at 8:00 P.M. Present were Mayor Hochvert, Trustees Callaghan, Finger, Pekarek, Ross, Samwick and Veron. Also present were Village Manager Pappalardo, Deputy Village Manager Cole, Assistant Village Manager Richards, Village Attorney Esannason, Deputy Village Attorney Garrison, Village Treasurer McClure, Village Clerk Conkling, and Assistant to the Village Manager Ringel. ******** The minutes of the Board of Trustees Regular Meeting of Tuesday, November 14, 2017 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Finger, and carried unanimously. ******** Bills & Payroll Trustee Ross reported that he had audited the Abstract of Claims dated November 28, 2017 in the amount of $1,149,618.62 which includes $23,895.86 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 Ross and seconded by Trustee Finger, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated November 28, 2017 in the amount of $1,149,618.62 is hereby approved. Trustee Ross further reported that he had examined the payment of bills made in advance of a Board of Trustees audit totaling $258,926.40 which were found to be in order and he moved that such payments be ratified. Village Board of Trustees 11/28/2017 502 Upon motion duly made by Trustee Ross and seconded by Trustee Finger, the following resolution was adopted unanimously: RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $258,926.40 is hereby ratified. ******** Mayor’s Comments Mayor Hochvert stated that he had the pleasure of attending the Interfaith Thanksgiving Service. He noted that several of the couples that attended that service were also interfaith couples that he knew. He found it very pleasing to hear different religious leaders and it was a great opportunity to attend a meeting like this in the Village. The Village does merge not only interfaith but all different kinds of people with no biases. Mayor Hochvert stated that he did one wedding ceremony since the last Board meeting and it was a unique one. It’s the first one he has done for a couple that reside in Scarsdale. This ceremony became even more unique for him when the groom informed him that he was getting married on his 50th birthday. Mayor Hochvert immediately recognized that his twins would have graduated from high school the same year as the groom. He asked the groom if he knew his twins, to which he replied in the affirmative. After looking in his daughters’ yearbooks, Mayor Hochvert stated that he found a picture of the groom when he was 18 years old. Mayor Hochvert stated that there is a request from Mayra Kirkendall Rodriguez that he mention the traffic survey that has been out for some time now. The survey will close on November 30th. He urged residents to take the survey if they have not yet done so, at www.scarsdaletrafficsurvey.com. The more input received, better decisions can be made. Mayor Hochvert stated that as most people in the Village saw in the Scarsdale Inquirer or on the websites, a number of people on the Committee for Historic Preservation (CHP) resigned and there was some information in the Scarsdale Inquirer and on line which could have been misinterpreted. Mayor Hochvert made the following statement regarding this issue: “Deciding which houses meet the criteria in the Village Code regarding their preservation is sometimes a difficult job. Houses that do meet the criteria but for which their owners have an offer conditioned on demolition bring public benefit of preservation into potential conflict with private property rights. The Code was written to try to strike the proper balance. Village Board of Trustees 11/28/2017 503 In the 3 properties mentioned in last Friday’s Inquirer, both 24 Morris and 26 Cooper had Committee for Historic Preservation split votes, 3/2 in favor of granting a Certificate of Appropriateness and 5/2 in opposition to granting a Certificate of Appropriateness, respectively. It is required that CHP decisions have at least 4 votes in support of its decisions. Since there wasn’t the necessary four votes (some members were not able to attend) in the case of 24 Morris Lane, the Code requires the Village Board to make the decision. The Board carefully reviewed the record and agreed with the majority. In fact, a majority of the CHP members who were present at the CHP meeting recommended that the Village Board grant the Certificate of Appropriateness. The record states that the house was somewhat of mixed styles and less aligned with the embodiment of “the distinctive characteristics of a type, period or method of construction that possess high artistic values” as the Code criterion requires. Although one of the several renovations on the house was done by a renowned architect, the record pointed out that several of the key elements from each architectural style are missing. It appears, based on the CHP’s vote, meeting that criterion was also questioned by that body. Regarding 26 Cooper, I personally would have liked to see defendable evidence that the home was designed by the same renowned architect as the out building was designed by. However that evidence was not found by the CHP. The Village Board also asked for expert opinion. The conclusion reached by Professor Dolkart is that although the garage was designed by a master, there was no direct evidence that the house was designed by him. The situation regarding 12 Dolma was different. It is one thing to designate a property as historic and entirely different to determine whether there is a hardship. Not only did the CHP find that the home met the historic criteria, but on appeal, the Village Board agreed. However, the owner requested a decision based on the 4 hardship criteria in the Code. I will share those criteria, which is in Chapter 182-7. The Village Board unanimously agreed that the hardship requirement had been met and the Certificate of Appropriateness should be granted. I hope it is apparent that the Village Board works diligently to apply the facts and evidence of every case to the requirements spelled out in the Code. I believe the community should understand that before the Village Board designates a property, it must have substantial evidence in the record to support the designation. When the evidence falls short of substantial, the Village Board is compelled to deny the designation of a property as historic. That having been said, in my discussion with the CHP Chair Bill Silverman, I agreed that there may be future changes to the Code, some of which may have been discussed by previous Village Boards that might be appropriate. The overarching issue the Village Board faces is how best to preserve historic homes without creating financial hardship for the Village Board of Trustees 11/28/2017 504 property owners. That issue has been discussed by previous Boards but I feel it is worth more thought and I hope the Board and Staff are willing to further “brainstorm” the question.” Mayor Hochvert stated that he also has a statement regarding Mr. Berg’s thoughts on the assessment of his house at the last Village Board meeting. “I would like to take this opportunity to respond to comments made by Robert Berg, a member of the Town’s Board of Assessment Review, during the November 14, 2017 Village Board meeting. After speaking with Mr. Esannason, I learned that Mr. Esannason’s only involvement with the 32 Tisdale Road grievance was limited to drafting the Inter-municipal Agreement that was used to refer Mr. Berg’s grievance to another community’s Board of Assessment Review. Mr. Esannason does not get involved in the day to day operations of the Assessor’s office. He did not order or request the appraisal of Mr. Berg’s property. Nor did Mr. Esannason have any knowledge that an appraisal was done and forwarded to the City of Rye. Therefore, Mr. Berg’s claim that Mr. Esannason knew of the appraisal and failed to forward a copy to him is not true. In fact, Mr. Esannason did not become aware that an appraisal was performed until Mr. Berg emailed him to complain about not receiving the Town’s appraisal in time to rebut the specifics of that appraisal. Putting that aside, I would like to inform the community about the nature of the grievance process. The grievance process is governed by New York State Real Property Tax Law §525. Within the annotated cases from that section, Courts have held that nature of the grievance process is administrative, it is not designed to be an adversarial proceeding. See Jakubovitz v. Dworschak, 67 A.D.2d 977; and Albion Mobile Homes, Inc., v. Morrissey, 112 Misc.2d 810. As such, the proceedings do not constitute a trial, and are not judicial by nature. Therefore, the rules of evidence and discovery are not applicable. There is no opportunity for cross examination. Since the proceedings are not adversarial, the exchange of appraisals and other evidence is not required. All taxpayers should know and understand that there is a presumption that their assessment is valid. Therefore, during the grievance process, taxpayers have the burden of showing by substantial evidence that their assessments are excessive. During the VB meeting on November 14, 2017, Mr. Berg also alleged that by not providing him with a copy of the Town’s appraisal his due process rights were violated. New York State Real Property Tax Law is particularly instructive on this issue. Courts have held that so long as property owners are given the opportunity to challenge their assessment by filing a complaint with the Board of Assessment Review, or through an Article 78 proceeding, their due process rights are not denied. See Abele v. Dimitriadis, 53 A.D.3d 969. Here, Mr. Berg, although a member of Scarsdale’s Town Board of Assessment Review, was given an opportunity to have his grievance heard by the City of Rye Board of Assessment Village Board of Trustees 11/28/2017 505 Review. Despite the fact that he may disagree with outcome of his grievance, his disagreement is not the result of a due process violation. Fortunately, the law provides taxpayers who disagree with the results of the BAR’s determination with the opportunity to seek judicial review through a Small Claims Assessment Review proceeding (also known as “SCAR”) or Article 7 or Article 78. During a SCAR hearing the rules of evidence are relaxed, except that the Court requires parties to exchange appraisals at least 48 hours prior to the scheduled hearing. While Mr. Berg is already in possession of the Town’s appraisal, he will be given the opportunity to raise points of objection before the SCAR judge/hearing officer. Finally, I would add that although Mr. Berg is a member of the Town’s Board of Assessment Review, he is not the Chair, nor does he speak for the entire Board.” Mayor Hochvert asked Superintendent of Public Works Benny Salanitro to meet him at the podium. He stated that one of the first things he can recall that he did with Mr. Salanitro was to walk South Meadow Brook and discovered things that were in need of fixing, and subsequently everything was fixed. He noted that Mr. Salanitro has gone out of his way to call on people from the Friends of the Scarsdale Parks when there is a tree question to make sure the Village is in accord with the benefits of the trees and only take down those necessary to remove. Also, during the building of a deck at the Teen Center, Mr. Salanitro would come and supervise and comment on the work being done. Mayor Hochvert stated that it is his privilege to present to Mr. Salanitro a Certificate of Achievement from the Village of Scarsdale in recognition of his being named the “Public Works Official of the Year for 2017” by the American Public Works Association, New York Metro Chapter. Mr. Salanitro stated that when he received the award from APWA, he thought that it was the pinnacle of his career after 25 years, but this is above that and is the icing on the cake. He appreciates the support that this Board and the Boards before have given him to accomplish all the good things that he was able to do. He stated that he was humbled by the award that APWA gave him, and equally humbled by the Village’s recognition here tonight. He stated that he loves what he does and truly loves the Village of Scarsdale. ******** Manager’s Comments Village Manager Pappalardo stated that in April, the Village Board awarded a contract to an engineering firm out of Purchase in the amount of over $700,000 – a sanitary sewer evaluation study of the Mamaroneck Valley Sewer District, one of the three sewer districts in the Village. The study was necessitated by the results of certain Westchester Village Board of Trustees 11/28/2017 506 County flow monitoring rates for Scarsdale that were found in excess of established limits as well as settlement discussions with the plaintiffs of a lawsuit brought around the same time against the Village and eleven other municipalities whose sewage is discharged at the County Mamaroneck and New Rochelle treatment plants. The longstanding issues of storm water infiltration and direct inflow, referred to as INI into the Village’s sanitary sewer manholes and pipes also remains a significant issue with untreated overflows from the treatment plants to the Long Island Sound occurring during certain rain events. The scope of work for the sanitary sewer evaluation study involves the installation of flow meters within the Village’s manholes this spring in the Mamaroneck Valley District to gather sewage and flow information to detect INI. Over the summer, the flow meter information was analyzed following by the commencement of manhole inspections, pipe flushing, televising, and flow isolation to better determine the origin of the sewer flow. Smoke testing and dye testing followed this fall. Some people may have seen that work happening on the public roadways. This field work is effectively completed now and the contractor is currently completing the draft report which the Village expects to have sometime soon. A public meeting will then be scheduled for the contractor to come in and report to the Village Board and the community sometime over the summer months. Mr. Salanitro will discuss the preliminary results from the field work that the engineer did and some of the expected capital improvements and maintenance work going forward. This will include some repairs that homeowners will be required to make because they have some connections that they shouldn’t have. Mr. Salanitro stated that the contractor has performed the work on investigating the sewer pipes that the Village has in the Mamaroneck Sewer Valley system. There are two other districts as well – Bronx Valley and Hutchinson Valley, which were not examined as part of this contract. They televised, cleaned approximately 25 miles of sewer pipe. With that, they also visually inspected 500 manholes. During the process of flow monitoring, which is the installation of electronic gauges, 15 monitors were installed, 15 zones in the Mamaroneck district. What they will be looking for is the various flows that may change from the base flow during rain events. Three of the 15 districts showed some significant spikes that concerned them which was anticipated by the County report approximately 10 years ago. They advanced the investigative work to go into smoke testing. In those three districts they smoke tested, there were approximately three dozen or so properties that were identified with smoke. They are now going through the process of identifying the specific cause of the smoke entering the home or being shown around the perimeter of the home. It is a very in depth study and the singular focus is to eliminate unnecessary clean water from entering the sanitary sewer system. The County Sewer Act law allows each person 150 gallons per day of waste and the Village exceeds that. Mr. Salanitro stated that they are developing a capital maintenance study which will take the Village into the future years. The 25 miles that were televised were not all smoke tested or dye tested. However, they did identify a whole host of infrastructure concerns with Village Board of Trustees 11/28/2017 507 the system. The next obvious thing is to make those repairs and this will cost money. It is fortunate that the Board of Trustees had the foresight to recognize the need for sewer rent was important. The Village is at the point where monies need to be spent for the infrastructure to make the repairs necessary for the sewer. That is a great funding source and they have used it to fund this program. The private property owners’ responsibilities will be dealt with on a case by case basis. As the program develops over the years, we need to eliminate things like sump pumps that get tied into the sanitary sewer, roof leaders and gutters, yard drains, driveway drains – all the things that will introduce a load into the sewer system. The report is in its final stages – the consultant will be here in the next month or January to give a full report. Village Manager Pappalardo stated that the Board should feel good about the fact that they had the foresight to adopt the State Statute Local Option to provide for the sewer rent. It has really helped; it is paying for this study. He stated that they are anticipating several million dollars’ worth in improvements and capital repairs to the system which, with the sewer rent that they are collecting now, they should be able to go and issue debt. There is a lot of work to be done out there. The Mamaroneck Valley is being focused on because that is the issue with the County and the Courts. The Village Attorney is working on a joint defense with the other 11 municipalities. This is just the beginning of a lot of sanitary sewer work that is going to happen in this community over the next number of years. Trustee Pekarek inquired as to how many miles of sewers were in the Village. Village Manager Pappalardo responded that there are approximately 96 miles of sewers, 100 miles of water main, and 90+ miles of roadway. ******** Trustee Committee and Liaison Reports Trustee Pekarek reported as Police Commissioner, stating that she attended a Police Department Promotional Ceremony where Police Officer Ronnie Arefig was promoted to Sergeant. Sgt. Arefig, with his wife Janet and three sons, James, Joseph and John Luke plus many of his family members and friends were present at this very impressive ceremony. She extended an additional congratulations to now Sergeant Ronnie Arefig. She stated that ‘we recognize and applaud his desire to do more for us and anticipate that he will continue to serve within our Police Department with distinction.’ Trustee Pekarek next reported that at 6:00 P.M. this evening, a Tree Code Amendment meeting was held in the 3rd floor meeting room – a joint Sustainability/Law Committee meeting. She stated that it was a very robust discussion of the amendment. She thanked Assistant to the Village Manager Richards who made the presentation. She did a great job identifying all of the changes and the effects of those changes. There was much discussion with the public; there were a group of residents in favor of the amendment and Village Board of Trustees 11/28/2017 508 those opposed. She stated that some refinements will be made to the proposed amendment; the Trustees have some input they would like to give to the Committees. There will then be another meeting scheduled of the joint Sustainability/Law Committees where they will review the revisions to the proposed amendment. Eventually a public hearing will be held on this proposed amendment to the Tree Law. She thanked everyone who participated this evening. Trustee Callaghan reported as liaison to the Advisory Council on Senior Citizens, stating that they are very pleased Ms. Sanger’s coffee with the senior citizens which is bringing in a lot of people and a lot of situations are discussed. They are very active with the senior citizens in fall prevention. He stated that he would like to have the Village’s Department Heads meet with them. They are very interested in what Department of Public Works Superintendent Salanitro does and they would like to talk to him. He stated that they would like to make this a more formal event to bring them up to speed with what is happening in the Village. Trustee Callaghan next stated that an article appeared in the paper regarding SVAC, which he is liaison to, regarding a two day drill they held on Tactical Critical Care. This drill deals with active shooter(s) situations. He stated that this is cutting edge; the New York City Police and Fire Departments are very involved in this. Trustee Callaghan stated that he wanted the Board and residents to know that Scarsdale’s Police and Fire Departments and SVAC are very on top of this. Trustee Veron reported on the Library, reminding everyone that the Casino Night Fundraiser is scheduled for Friday, December 8th. She encouraged everyone to purchase their tickets on line and go to the Scarsdale Library website. It will be a fabulous event. She also noted that in terms of the ongoing fundraising, the Board will receive the quarterly update from the Library Director in January. The Library project is presenting before the Planning Board on December 13th. The seventy-five percent construction documents submission was sent out yesterday to both Savin and Dattner. The Building Committee is constantly meeting, keeping on top of the project. The contractor is on schedule for the Library Loft, the temporary location at the Supply Field. Trustee Veron noted that the Scarsdale Library was mentioned in Westchester Senior Voice magazine for its programming and services for senior citizens. With respect to the Village Center, Trustee Veron stated that there is so much going on and she is very excited to report that the Scarsdale Indoor Winter Farmer’s Market will be open, beginning this Thursday, moving into the space that was formerly Space NK, 13-15 Boniface Circle. The Farmer’s Market can also be accessed from 24-26 Harwood Court which is also a handicapped accessible entrance. The market will be open from 11 a.m. to 5 p.m. The indoor location has been made possible by the generosity of the property owner through April dependent upon the availability of the space. Scarsdale Schools are providing approximately 15 students to perform at the re-opening of the Farmer’s Market on Village Board of Trustees 11/28/2017 509 Thursday. She asked that residents come out and support the students – they will be performing at approximately 4:15 p.m. Trustee Veron next stated that the Board and Village staff had the opportunity to have a ribbon cutting at Popojito, a new Med/Mex restaurant in the Village Center. The food is gluten free, farm fresh, and locally sourced. It is delicious. Trustee Veron noted that she spends a lot of time in the Village Center now and hears a lot of comment regarding the parking meters. She encouraged everyone to look at the opportunity to provide feedback. She stated that this is the only way the Village will know how people feel about the meters. She asked that all comments be sent to the Village as per the posting on the meters. Lastly, Trustee Veron stated that ‘Light the Dale’ has become a heroic effort from so many different groups – it is a holiday celebration and tree lighting. It will take place this Friday in the Village Center from 5 p.m. to 7 p.m. There are a lot of festivities planned. She congratulated Assistant to the Village Manager Richards for pulling together so many pieces of this puzzle. There will be new lights in the Village Center, Santa will be coming in on a fire truck, a craft activity is planned, and the participating merchants have been very generous. Those merchants will be giving away promotions at that time. Another exciting opportunity for Scarsdale children is that the Mayor has offered to partner with the child who is selected by a special drawing to light up the Village. For those who are interested, they should fill out on line lightthedale@gmail.com your child’s name, grade and school and a drawing will be held. The lucky child will have the opportunity to flip the switch for the lighting ceremony. Trustee Veron recognized Westchester Reform Temple, who is providing the menorah for the festivities as well as the Chamber of Commerce. There are two additional sponsors – Scarsdale Improvement Corporation and P & G Realty. Many have been working diligently to bring this activity to the Village Center. She stated that this is just the beginning of what we hope will be years and years of phenomenal festivities in the Village Center. Trustee Ross noted that over the past few Board meetings, he has been reporting on the progress of the Drake Edgewood Neighborhood Association, which was at one time a very active local neighborhood association. For a while, it fell into dormancy and is now being revived with the active involvement of a number of residents of the neighborhood. A number of residents have stepped up, most notably Greg Schwend who is spearheading the revival of the Association. Mr. Schwend has sent out a very informative email to everyone whose email address he has in the neighborhood on both the Association and other things of interest to residents. If anyone lives in the Drake Edgewood area and has not heard from Mr. Schwend, he urged them to email him at drake.edgewood@gmail.com and you will be updated on what is going on and how you can participate in the neighborhood association. Village Board of Trustees 11/28/2017 510 Mayor Hochvert stated that this leaves only one neighborhood association that is dormant at the time and that is Secor Farms. If anyone hears this, and lives in Secor Farms, he encouraged them to get in touch with him at mayor@scarsdale.com. Trustee Finger reported that last night he attended the East Heathcote Neighborhood Association meeting. He stated that it was very informative and that they had a variety of discussions about issues surrounding the communications committee, the website, legislation that is pending and issues of specific concern to the Heathcote area. He appreciated their feedback and attendance. As Chair of the Law Committee, Trustee Finger stated that he was present at this evening’s meeting of the Joint Sustainability/Law Committee to discuss the amendments to the existing Tree Law. He thanked all of the citizens that came out to the meeting. There was a lot of feedback. Trustee Finger thanked the former members of the Committee for Historic Preservation. He stated that it is disappointing that they were unable to carry on. Several of the members were on the Committee for quite some time. They dedicated time and energy to maintaining the character of the Village and the historical nature of the Village. He acknowledged their time and dedication and hoped that their shoes could be filled. They were a dedicated group and it is appreciated. Trustee Finger thanked Superintendent of Public Works Benny Salanitro. The Board does not get enough time to appreciate the staff that helps the Village. The greatest compliment for Benny is that no task is too big or too small. From the monumental task of dealing with the INI to making sure a small pothole is filled or a sidewalk is properly shoveled, he does it all. He stated that he really appreciated it and that Mr. Salanitro has made his time on the Board educational, interesting, and enjoyable. Trustee Pekarek seconded that. Mayor Hochvert piggybacked on the thought that at the East Heathcote Neighborhood Association meeting there was a presentation on the new website and that presentation is available to any neighborhood association that wants it. Last evening, Dara Gruenberg was the main presenter and Barry Meiselman was the technical expert. They are both members of the Ad Hoc Communications Committee. ******** Public Comment Andrew Sereysky, Walworth Avenue, spoke on behalf of SNAP. He stated that SNAP is the Scarsdale Neighborhood Association Presidents, a group of neighborhood Village Board of Trustees 11/28/2017 511 association presidents that meets once per month and discussed issues in Scarsdale and communication. This evening he wanted to speak to the Board about a proposal that SNAP put together and forwarded to the Board of Trustees for their review and action on for the establishment of a dog park. There are a number of dog parks that are located in abutting communities, such as Hastings-on-Hudson, New Rochelle, Mamaroneck, Greenburgh, etc. This type of facility is not a new or unique idea, it has been around for years and he stated that it is time for Scarsdale to have such a facility for its dog owners. He stated that they believe it is worthwhile to at least evaluate the proposal and the group’s recommendation is that the Board of Trustees establish a committee made up of Board members to talk about the feasibility of a dog park in Scarsdale. He thanked everyone for their time. If anyone is interested and wants to get involved in this proposal or has a point of view, they can email scarsdaledogpark@gmail.com. Mayor Hochvert informed Mr. Sereysky that the Village has started looking into this proposal. Mr. Sereysky also congratulated Department of Public Works Superintendent Salanitro on his award. He stated that he has had a lot of interaction with him personally as well as from the neighborhood association with everything. As far as he is concerned, it is no longer Benny, but really Mr. Scarsdale. Mike Lily, Brown Road, Bramlee Heights Neighborhood Association, added to Mr. Sereysky’s comments about the dog park. He stated the he and his neighbors gather every weekend to take their dogs for a walk. He stated that there is a definite need for a dog park in Scarsdale. The dogs need to be exercised; they are healthier socially and physically. It is also good for the dog owners to get out and socialize as well. Robert Berg, 32 Tisdale Road, congratulated Department of Public Works Salanitro. He stated that he worked with Mr. Salanitro for a number of years on a number of projects – he is so easy to work with and so responsive. He does a great job; his award is well deserved. Mr. Berg stated that he was taken aback by Mayor Hochvert’s comments about him earlier in the meeting. He stated that in his opinion, the comments were completely inappropriate. In his many years of attending Village Board meetings, he stated that he has never heard such personal remarks about a resident’s individual property grievance. He stated that the Mayor’s comments about the legal and ethical requirements for SCAR proceedings are completely wrong and were likely obtained from Village Counsel. Since the Mayor raised the profile of this issue, and is misleading the public, he stated that he thought it would be necessary for the Village Ethics Board to consider both the Village Attorney’s and the Assessor’s conduct in regard to the issues raised in his (Mr. Berg) comments at the last Village Board meeting. He stated that it is important for Village residents to understand Village Board of Trustees 11/28/2017 512 how the Village assessment process is conducted and that it be conducted fairly and legally, which he felt it was not. Mr. Berg stated that the Assessor improperly interferes with the grievance process in violation of the law by submitting comments and informal appraisals to the Board of Assessment Review during the deliberations and having an assistant assessor sitting in during the Board of Assessment Review’s deliberations which is not permitted at all by law. That process has to stop; the Village Board of Ethics needs to look into this matter and issue an opinion. The Village Board should order the Board of Ethics to look into this, or perhaps to the Attorney General’s office and have them investigate this. Mr. Berg next spoke in regard to the meeting held earlier this evening by the Joint Sustainability and Law Committees regarding the proposed tree law, which he believes is an overbearing and ill-considered law to solve a problem that may not exist and which will exacerbate threats to public health and safety that do exist, in regard to trees and storm events. He shared personal stories regarding his experience with falling trees on his home during a severe thunderstorm, a windstorm, and Superstorm Sandy. He also noted the many fallen trees on roadways, and fallen utility lines, making the roads impassable. He stated that the common cause of all of these problems from the storms was the Village tree canopy. Although he has a strong ‘green’ background and is an ardent environmentalist, he feels that big trees do not belong in densely populated suburbs with oversized homes on small plots of land with utility lines, etc. He stated that big trees don’t belong on private property when the owner of that property doesn’t want big trees there anymore. Big trees can damage property and kill people. He thinks that the proposed legislation is absurd on many fronts and fundamentally there is no factual basis in the record to support any legislative finding that we have a tree problem in Scarsdale to begin with and that necessitates this heavy handed legislation. There is no demonstration or balancing of the costs of the tree canopy with these purported environmental benefits. The Board needs to go back to the drawing board and create the record that the legislation is needed and the benefits of the legislation outweigh the costs of having a tree canopy that crashes down and puts people at risk. Madelaine Eppenstein, Old Scarsdale, stated that she would like to take this opportunity to congratulate Benny Salanitro on this well-deserved honor. She personally thanked him for herself and on behalf of the Friends of the Parks for his devotion to the Village, to the work that they do, and his friendship. Erica German, Rock Creek Lane, stated that they were in the process of purchasing a property and building a new home. When she saw the news regarding the Committee for Historic Preservation, she was concerned about what this means for those who are supposed to present a December’s meeting. Mayor Hochvert responded that the Board will be discussing this after the adjournment of the regular Board meeting this evening. Village Board of Trustees 11/28/2017 513 Trustee Callaghan stated that he would like to comment on the recent article in the Scarsdale Inquirer regarding the resignation of the members of the Committee for Historic Preservation. He stated that the Committee for Historic Preservation law has a system flaw in it and that flaw is the advice that your house is of historical value comes very late in the game. We cannot expect a person living in a house for 40 years that now wants to sell the home and move on to encounter an economic burden. He noted that he has sat in on several of the Board determinations and the most recent one he recused himself from, having known the owner for 25 years. That owners carrying charges were $109,000 per year. Trustee Callaghan stated that the first time this came to his attention was when one his neighbor’s homes proposed to be torn down, and he fought against it. It didn’t come anywhere near a substantial qualification for historical preservation. The system flaw was the builder was never told that when he purchased the property. Other municipalities around the Country are grappling with this issue. This is a great opportunity for this Board and this Village to look into this and clear up that systemic flaw. He stated that he agreed with Trustee Finger, the Committee for Historic Preservation was operating with shackles on. They did their very best in trying to uphold this law, but it has a flaw in it. It is the wobbly wheel in an otherwise well-oiled machine called Scarsdale. There being no further comments, Mayor Hochvert closed the public comments portion of the meeting. ******** Finance Committee Trustee Finger reported on the statements of expense and revenue for the various funds of the Village for the first five months of fiscal year 2017-18. General fund appropriations were 34.25% spent as of October 2017 as compared to 47.26% in 2016-2017. Prior year figures include $7,094,558 in bond refunding expenses. Exclusive of these expenses, the prior period appropriations were 34.83%. General Fund Revenues other than property taxes are $7,886,731 through October 2017. After adjusting for the sale of 32 Ferncliff ($956,300) the resulting total of $6,930,431 represents a decrease of $303,965 from the 2016-2017 figure of $7,234,396. The 2017-18 tax penalty revenue is down over $200,000 from 2016-2017. Last year’s revenue included over $240,000 in tax penalties on a single property. Mortgage tax increased $114,966. Building Permit revenue (included in License and Permit revenue) is up $58,300 from last year which is the bulk of the $68,409 increase in overall License and Permit revenue. Parking revenue declined $37,000 over this four month period. Court fines decreased $44,000 through the first quarter of fiscal year 2017-2018. Recreation Department revenue decreased $122,100 Village Board of Trustees 11/28/2017 514 due to decreased enrollment in summer camp programs. Cable TV and gross receipts taxes declined $75,100. Investment income increased $53,700 partially offsetting the drop in Sales tax receipts of $38,100. Overall rental income increased $14,000. The actual collection of Village taxes through October 31, 2017 is at 99.00%. This is a decrease of 26 basis points from last year’s collection rate. ******** Fire Commissioner Upon motion entered by Trustee Callaghan, and seconded by Trustee Samwick, the following resolution regarding Service Time Extension for Fire Captain Daniel Purcell was approved by a unanimous vote: WHEREAS, Fire Captain Daniel Purcell has requested a one-year extension of his service time beyond the thirty-year service time limit established by Local Law #1 of 1970; and WHEREAS, said local law requires Village Board of Trustees approval of an extension at least one year prior to the firefighter completing thirty (30) or more years of service; and WHEREAS, Captain Purcell has been recommended for such extension by Fire Chief James E. Seymour IV, conditioned on his passing the necessary physical examinations provided by the Village during Calendar Years 2018 and 2019; now, therefore, be it RESOLVED, that Fire Captain Daniel Purcell is hereby granted a one-year extension of his service time in the Department from January 5, 2018, to January 5, 2019; and be it further RESOLVED, that such one-year extension is conditioned on Captain Daniel Purcell passing the annual physical examinations to be given in Calendar Years 2018 and 2019. ******** Municipal Services Village Board of Trustees 11/28/2017 515 Upon motion entered by Trustee Veron, and seconded by Trustee Samwick, the following resolution regarding Service Extension for the Ad-Hoc Committee on Communications was approved by a unanimous vote: WHEREAS, The Village Board is desirous of extending the period of service for the Ad-Hoc Committee on Communications (Committee), as their prior appointment expired on October 13, 2017, and there remains additional important work to be done; and WHEREAS, the Committee’s prior charge, now significantly complete with the presentation at the Village Board Committee of the Whole meeting on October 10, 2017, of their report titled “Scarsdale Village: Communications Assessment and Preliminary Recommendations,” which included recommendations to: 1. Review new website content, functionality, and user-friendliness, making suggestions for enhancements; 2. Develop a plan to gain community usage, seeking widespread adoption. As ambassadors for the new communications platform, engage with community groups to both increase awareness and usage of the website, and to introduce website functionality; and 3. Drawing on expertise and best practices, provide strategies to improve Village communications. Prepare written recommendations to the Village Board identifying important community segments or audiences, linking appropriate communication methods and channels to identified segments, and suggesting prioritization of associated programmatic and investment needs within the context of existing fiscal constraints. with said charge having been completed thoroughly and professionally; and WHEREAS, the Committee’s appointment shall now be extended for a fixed one- year term expiring November 28, 2018; now, therefore, be it RESOLVED, that Mayor Hochvert and the Village Board of Trustees hereby extend the period of service of the Ad-Hoc Committee on Communications to serve in collaboration with staff to accomplish its new charge, with the following members herein appointed; Justin Arest, Lakin Road Lee Fischman, Wildwood Road Village Board of Trustees 11/28/2017 516 Dara Gruenberg, Hampton Road Laura Halligan, Heathcote Road Mary Louise (ML) Perlman, Carstensen Road Barry Meiselman, Post Road Scott Rompala, Horseguard Lane Andrew Sereysky, Walworth Avenue Carol Silverman, Spier Road and; be it further RESOLVED, that Trustee Jane Veron shall continue to serve as Chair of the Committee and Municipal Services Committee member Trustee Deborah Pekarek shall continue to serve as liaison to the Committee; and be it further RESOLVED, that the Committee’s charge is now as follows: 1. Maintain and increase resident subscription rates to NotifyMe, the online automated Village of Scarsdale press release and meeting notification system; 2. Update the “New Resident Packet” and develop a version for electronic distribution; 3. Develop resident boards and councils recruitment materials, as well as new member packets, suitable for print and electronic distribution; 4. Collaborate with staff to update and standardize departmental forms, applications, and handouts, as requested; 5. Review and suggest updates to online department overviews, potentially including creation of staff profiles; and 6. Share with staff any ideas or suggestions for continued website enhancements that may be discovered through execution of the above responsibilities. ******** Upon motion entered by Trustee Veron and seconded by Trustee Finger, the following resolution regarding Placement of a Crèche in Boniface Circle was approved by a unanimous vote: Village Board of Trustees 11/28/2017 517 WHEREAS, the Scarsdale Crèche Committee has requested a permit to place a crèche in Boniface Circle from December 15, 2017, to January 02, 2018; and WHEREAS, the Board of Trustees consent to the requested placement of said crèche; now, therefore, be it RESOLVED, that the application of the Scarsdale Crèche Committee to place a crèche in Boniface Circle is hereby approved pursuant to Chapter 240 of the Scarsdale Village Code; and be it further RESOLVED, that a permit be issued to the Scarsdale Crèche Committee for a public display in Boniface Circle from December 15, 2017, to January 02, 2018, in accordance with Village Code Chapter 240; and be it further RESOLVED, that the display shall be dismantled and removed from Boniface Circle by the Scarsdale Crèche Committee no later than January 03, 2017. ******** Upon motion entered by Trustee Veron, and seconded by Trustee Pekarek, the following resolution regarding Placement of Menorahs in Chase Park was approved by a unanimous vote: WHEREAS, the Westchester Reform Temple has requested a permit to place a Menorah in Chase Park from November 29, 2017 to December 10, 2017 and Chabad Lubavitch of Westchester County has requested a permit to place a menorah in Chase Park from December 11, 2017, to December 26, 2017; and WHEREAS, the Board of Trustees consent to the requested placement of said Menorahs; now, therefore, be it RESOLVED, that the application of the Chabad Lubavitch of Westchester County to place a menorah in Chase Park is hereby approved pursuant to Chapter 240 of the Scarsdale Village Code; and be it further Village Board of Trustees 11/28/2017 518 RESOLVED, that the application of the Westchester Reform Temple is hereby approved, pursuant to Chapter 240 of the Scarsdale Village Code; and be it further RESOLVED, that a permit be issued to the Westchester Reform Temple for a public display in Chase Park from November 29, 2017 to December 10, 2017 and to Chabad Lubavitch of Westchester County for a public display in Chase Park, from December 11, 2017, to December 26, 2017; and be it further RESOLVED, that the display shall be dismantled and removed from Chase Park by the Westchester Reform Temple no later than December 11, 2017 and by Chabad Lubavitch of Westchester County no later than December 26, 2017. ******** Written Communications 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. The Village Clerk reported that six (6) communications have been received since the last regular Board of Trustees meeting from the following: • An update on the LED Streetlight Project submitted by Ron Schulhof on behalf of the Ad Hoc Committee on LED Streetlights. • A proposed business plan for the Virtuous Scarsdale App submitted by Marty Rolnick. • Two (2) emails from Mayra Kirkendall Rodriguez, Fox Meadow Road, one to submit her comments in writing from the November 14th Village Board meeting; and another email encouraging residents to complete the Scarsdale Traffic Survey online at www.scarsdaletrafficsurvey. • A dog park proposal submitted by the Scarsdale Neighborhood Associations Presidents. • An email from Robert Harrison, 65 Fox Meadow Road, concerning Butler Field and the Middle School Tennis Courts. ******** Future Meeting Schedule Village Board of Trustees 11/28/2017 519 • Tuesday, December 12, 2017 – Municipal Services Committee Meeting – 6:00 P.M. – 3rd Floor Meeting Room • Tuesday, December 12, 2017 – Agenda Committee Meeting – 7:30 P.M. – Trustees’ Room • Tuesday, December 12, 2017 – Village Board Meeting – 8:00 P.M. – Rutherford Hall ******** There being no further business to come before the Board, the meeting was adjourned at 9:21 P.M. to Executive Session on a motion entered by Trustee Finger, seconded by Trustee Pekarek and carried unanimously. Donna M. Conkling Village Clerk