TVCC Issues Report on County Budget
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The County Fiscal Affairs Committee of the Town and Village Civic Club of Scarsdale has issued their report on the 2012-13 Westchester County budget. The in-depth report on County finances was written by Jackie Irwin, Bill Kay III, James Wetmur and Mark Lewis.
The report was issued to the public by the Executive Committee under the expeditious treatment procedure of the TVCC by-laws. The full membership will act on the report at their next membership meeting on February 2, 2012. County Executive Rob Astorino will attend the 2/2/12 meeting and give an address on the "State of the County" and take questions from the audience.
Here is a summary of the conclusions of the committee’s report. The full report can be viewed here.
- We support County initiatives to seek contributions toward the primary cost of healthcare from all County employees. …We also believe that securing employee participation in paying for healthcare should be a component of any upcoming union contract negotiations.
- We reluctantly support the reduction of 336 positions from County government and recommend that these positions not be restored, as has been the practice of the Board of Legislators several times in recent years. …Our support is reluctant because this headcount reduction requires 210 layoffs which disrupts families and will force those laid off to try to find jobs in an already difficult employment environment.
- We recommend that the County continue to fund the contracts for three neighborhood health centers for at least three months into 2012 to provide a transition and study period, rather than terminating the non-mandated funding for the contracts with the health centers on January 1, 2012.
- We commend the County’s decision to pay all of its 2011 New York State pension fund contribution liabilities in full and recommend that the County consider its participation in the New York State Pension Stabilization Program, if any, year by year.
- We believe the County should urge the Cornell Cooperative Extension to adopt a regional model that encompasses larger areas of the State rather than administer separate offices more locally, in many cases in each county. To help facilitate this transition, we recommend that County government continue to fund the Cornell Cooperative Extension program Westchester for 3 additional months, or other reasonable but finite transition period, into 2012.
- County government should continue efforts to consolidate departments and services to control costs and cut expenses wherever possible.
- The County Executive should release preliminary budgets for expenditures and capital by the end of September including reorganizations of County services and departments if any are contemplated and where any more than nominal lead times are needed
Guggenheimer to Chair Scarsdale Bowl Committee
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Randy Guggenheimer has been named Chair of the 2012 Scarsdale Bowl Committee. Jackie Irwin, President of the Scarsdale Foundation, announced the appointment. As Bowl Committee Chair, Guggenheimer will head the Scarsdale Bowl nominating committee and the community celebration dinner to be held on Wednesday evening, April 18, 2012 at Lake Isle Country Club. The Scarsdale Bowl is awarded annually in the spring to a Scarsdale resident in recognition of his or her outstanding voluntary public service to the community. This year’s Executive Secretary/Treasurer of the Scarsdale Bowl Committee is Deborah Pekarek.
The members of the committee serve staggered two-year terms. The newly appointed class of 2012 includes Linda Hillman Chayes, Merrell Clark, Amy Cooper, Alice Herman, Howard Nadel, Jim O’Connor, and Sara Werder. The continuing Class of 2011 includes Jane Buck, Marc Carter, Malula Gonzalez, Liz Gruber, Anne Moretti, Bill Natbony, and Robert November. Seth Ross, Scarsdale Foundation trustee, will serve on the committee as the liaison. Jackie Irwin, president of the Scarsdale Foundation, is an ex-officio, non-voting member.
Guggenheimer is a Managing Director at Young and Partners, a New York-based investment banking firm serving the life science and chemical industries. He
is an 18-year resident of Scarsdale. He and his wife Liz have two children who are graduates of the Scarsdale Schools, Laura who is in college and Brian who is participating in City Year.Guggenheimer has been active in a range of community and volunteer organizations. A current Trustee and prior President of the Scarsdale Forum, he currently serves as Chair of the Forum’s Intergovernmental Relations Committee. He is Vice President and Treasurer of the Scarsdale Historical Society, and currently Chair of its Digitization Committee, and he is a member of the Village of Scarsdale’s Technology Advisory Council. Guggenheimer previously served as Chair of the Citizens Nominating Committee, Scarsdale Procedure Committee, Fiscal Affairs Committee of the Scarsdale Forum, and Governmental Advisory Committee of the Scarsdale Board of Education. He has coached various youth sports teams, including Little League Baseball and Travel Basketball.The 2012 Scarsdale Bowl Committee will begin its work in early December to select the 2012 recipient of the Scarsdale Bowl. The Scarsdale Bowl, has been awarded annually since 1943 to an individual, or in rare instances, to a husband and wife, who has given “unselfishly of his/her time, energy and effort to the civic welfare of the community.” The founding donors of the Bowl believed that “many who serve generously and voluntarily, without office, honor or publicity, are those deserving of having their names permanently inscribed on the Scarsdale Bowl.”
The Scarsdale Bowl is administered by the Scarsdale Foundation which operates as a not-for-profit community foundation to promote the civic welfare. It does so by supporting institutions and individuals in a manner that encourages educational and human development in the community. The Foundation provides financial aid to college students entering their sophomore, junior and senior years. It also administers a number of special purpose funds, and makes grants for specific purposes which have included the Scarsdale Volunteer Ambulance Corps and the Scarsdale/Edgemont Family Counseling Service.
The Bowl Committee enthusiastically welcomes community input. It will hold its first meeting December 11, and requests that residents contact any member of the committee with suggestions of potential recipients. If you have any questions, please contact Randy Guggenheimer at 725-2301.
Valhalla Schools Ordered to Repay $1.864 Million in Illegal Grant Money to Town of Greenburgh
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In the latest development in the case of the Valhalla School District against the Town of Greenburgh, Judge Nicholas Colabella of the New York State Supreme Court has ruled that the town is entitled to recover $1.864 million previously paid to the Valhalla School District. The school district had filed a claim against the Town of Greenburgh for an additional $4.5 million due to them under a grant agreement that dated back to 2004. Under that grant, the Town of Greenburgh was to pay the Valhalla School District $650,000 per year for ten years to compensate them for educating children housed at Westhelp, a facility for the homeless on the campus of Westchester Community College. At the time, the Town of Greenburgh was receiving $1.2 million a year from the County to lease the shelter for the homeless. Greenburgh Town Supervisor Paul Feiner championed the grant of $650,000 per year as a means of funneling some of the County lease money to Valhalla to compensate them for housing and educating the homeless.
However, in January, 2007 a review by the State Comptroller’s office found that the grant to the Valhalla School was unlawful as the monies were not being spent for a town-wide purpose but only for the benefit of one portion of the municipality. The Comptroller deemed it “an impermissible gift of public funds to a private entity,” and reported that the almost $1.9 million that had been already paid over three years had not been used for the benefit of children from Westhelp. In fact, no children from Westhelp were in attendance at Valhalla Schools and the monies were being channeled to” adult education and cultural enrichment programs.” According to a footnote in the judgment, two thirds of the children in the Valhalla School District are not even residents of the Town of Greenburgh, making the benefit of the gift to Greenburgh residents “incidental at best.”
But rather than accept the Comptroller’s decision that the grant was invalid, the Valhalla Schools moved to try to recoup the remaining $4.5 million that would have been paid under the grant agreement. In the November 18, 2011 ruling, instead of ordering the Town of Greenburgh to pay the balance of the illegal grant, the court ordered Valhalla to pay back the $1.864 million already received to the Town of Greenburgh.
In a highly unusual move, two local residents, Robert Bernstein of Edgemont and Herbert Rosenberg of Dobbs Ferry acted as Intervener Defendants in the suit contending that Town Supervisor Paul Feiner's support for the illegal grant created a conflict of interest in the town attorney's office that prevented the town from fairly representing their taxpayers. Consequently both the town’s attorneys and the team of Bernstein and Rosenberg filed claims. The Town argued to recover the funds on the basis that they were constitutionally prohibited from making the grant and that the school district failed to file a timely notice of claim. The Interveners based their claim on the indemnification agreements executed by the school district in which they assumed the legal risk for the grant.
In his decision, the judge wrote, “in fact, there is no inconsistency between the positions of the town and the intervener defendants in this action. The indemnification provisions are merely an alternate basis for recovery.”
Greenburgh Deputy Town Attorney David Fried said, ““We’re extremely pleased that the court agreed with the town’s position that there was no breach of contract and that the district failed to timely file its notice of claim.” Bernstein and Rosenberg claimed that they had won the summary judgment and said, “The ruling is a stern rebuke to Feiner who has for years insisted that the grant was legal and should be enforced.” Either way, the Town stands to recoup the misspent funds.
Will Valhalla appeal? According to the lawyers, it’s possible -- especially because Valhalla could find it impossible to come up with the money to repay the Town of Greenburgh due to the 2% tax cap, which will undoubtedly squeeze the school district even further.
New Public Safety Building Opens in Scarsdale
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We got a preview of Scarsdale’s new Public Safety Building on Fenimore Road this week. Though Police Chief John Brogan reports there is still a punch list for the construction team, Scarsdale Police and Firefighters have finally moved into their state-of-the-art facility. The new headquarters are 27,000 square feet, 10,000 square feet larger than the original building that dates back to 1924. The original portion of the building has been thoroughly renovated and the entire facility is powered by its own generator.
Chief Brogan and Lt. Andrew Matturo took us on a tour of the new police station and we were very impressed with what we saw.
Take a look at these photos of some of the new features including:
-Secure and refrigerated evidence lockers
-An emergency operations center where Village Police, Managers, Firefighters and even Con Edison can assemble to manage emergencies. The room includes voice and data lines, radio systems, audio/visual equipment and work stations.
-The interrogation room,
-The bullet-proof entrance
-Holding cells with stainless steel commodes
-An outdoor cage for stray dogs and animals
-Spacious lockers rooms for men and for women,
-Dormitory rooms where employees can stay overnight when needed.
-An exercise room
…And the much-discussed, 75-foot shooting range.
The shooting range will accommodate officers who are required to train once a year. They can shoot 40 caliber guns, shotguns and M16’s with real or simulated ammunition.
The fire station has a spacious living room and kitchen area for firefighters on call and a large garage that houses two engines and a smaller truck.
The entire staff looked happy and proud to be in their new facilities -- congratulations!
Scarsdale Adopts Fair and Affordable Housing Code
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The big news from the Village Board meeting on Wednesday November 9 was the passage of new code requiring the inclusion of fair and affordable housing units in multiple housing developments in Scarsdale. The new code requires the inclusion of an affordable unit in developments of 5-9 units and 10-14 units and the inclusion of 2 affordable units in developments of 15-24 units. The units shall be compatible in appearance with the market-rate units and marketed in accordance with HUD Guidelines.
Though the inclusion of this code was the subject of discussion at many meetings, in reality it will likely only result in the creation of a handful of affordable units in Scarsdale. With the scarcity of available land here for multiple family developments, this new code is more a gesture of Scarsdale’s cooperation with the county than a mandate to build affordable housing in Scarsdale.
At the November 9 meeting, Trustee Brodsky answered a list of questions posed by Martin Kaufman at a prior meeting. In her responses she said that the new code “enhances the Village’s ability to provide fair and affordable housing” and “does not concede that housing in Scarsdale has been unfair.” The model code suggested by the Federal monitor has been “tailored by the Village Board and the Planning Board to account for Scarsdale’s unique characteristics,” and “the Village is seeking to be proactive and cooperative with Westchester County’s efforts.”
However, these answers were not enough for Kaufman who spoke further at the meeting to clarify his prior question and pose new ones.
He questioned whether the code specifies that housing would be made available to police, fire or home care personnel and whether the Village had an obligation to adopt the model code. These and other questions prompted Village Attorney Wayne D. Esannason to tell Kaufman that “this is not cross examination, “ and to instruct Kaufman to “address (his) comments to the Board, and if you have other questions send them to the Board.”Kaufman wanted to know if there was a definition of “ethnically diverse households” and Esannason replied, “I think you can give plain meaning to this language.” Kaufman pointed out that this language was grammatically incorrect.
Kaufman also cautioned that the League of Women Voters had expressed approval for the new code, believing that the provision would make housing available for school teachers and seniors. He said, “the community may be confused as it does not provide for senior or workforce housing.” Furthermore he wanted to know if the " Board considered the impact of the amendment on the propensity of developers to build workforce or senior housing which is not stipulated in this law." He added, "If a developer provides affordable housing they will be less likely to provide workforce housing.”
Bobby Ben Simon of 11 Seneca Road also spoke, asking, “What will be the effect on residents of providing affordable housing?” He said he was surprised it was so empty at Village Hall and that “we need to open the pros and cons for the public to decide.”
Doug Ulene of 7 Cayuga Road spoke in support of the new amendments, saying, “regardless if it is an obligation of this municipality or the federal government, I support it and believe we should lead on this issue.”
Despite resident reservations, the resolution was put to a vote and received unanimous support among the Trustees and Mayor at the meeting, though Trustee Toder was absent. With this vote the new code is enacted and could mean that the development at the former Heathcote Tavern will include an affordable unit.
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Scarsdale10583 received the following letter from League of Women Voter's President Marylou Green in response to the above article:
At the meeting of the Village Board on November 9, the Trustees heard comments from the public regarding the Fair and Affordable Housing Code amendment. Mr. Martin Kaufman is quoted in “Scarsdale Adopts Fair and Affordable Housing Code,” posted on your site, as saying “the League of Women Voters had expressed approval for the new code, believing that the provision would make housing available for school teachers and seniors.” This is a misinterpretation of our statement presented to the Trustees on October 25. Our position as stated is as follow:
“The League of Women Voters has a longstanding position in support of measures to increase the supply of housing in Scarsdale for a wider income range than now exists and therefore supports an affordable housing zoning code amendment. There remain certain provisions of this amendment that necessitate further comment from the LWVS.
We understand the proposed amendment of the Zoning Code relating to the provision of Fair and Affordable housing has been carefully reviewed and further clarified by the Planning Board and thereafter by the Board of Trustees with special notes for further clarification of the marketing and monitoring components. We also understand that this amendment will not limit FAH to Scarsdale residents and workforce but will be marketed broadly throughout the area. Our positions have historically included provisions for Scarsdale seniors, municipal and school employees and others on whose presence every community depends. We ask the Village to also continue to encourage affordable housing opportunities for Scarsdale residents and employees.”
The League appreciates this opportunity to clarify our position.
Marylou Green
President, LWVS