July 10, 2018 Agenda Committee Meeting - 7:30 PM – Trustees Room Village Board Meeting - 8:00 PM - Rutherford Hall

Village of Scarsdale

Dan Hochvert, Mayor Stephen M. Pappalardo,

Office of the Village Manager Village Manager

Justin K. Arest Scarsdale, New York 10583 Matthew J. Callaghan 914-722-1110 Lena Crandall Fax: 914-722-1119 Carl L. Finger www.scarsdale.com Seth Ross Jane E. Veron

Village Board Agenda

July 10, 2018 Agenda Committee Meeting - 7:30 PM – Trustees Room Village Board Meeting - 8:00 PM - Rutherford Hall

Roll Call

Pledge of Allegiance

Minutes

 Village Board Meeting of June 26, 2018

Bills & Payroll

 Trustee Arest

Mayor’s Comments ______

Manager’s Comments ______

Trustee Committee and Liaison Reports

Public Comments ______

Committee Items

Finance Committee – Trustee Ross

 Resolution re: Acceptance of a Gift for the Scarsdale Public Library Addition and Renovation Project ______

 Resolution re: Intermunicipal Agreement with Scarsdale Union Free School District for Tax Collection Services Associated with the Charitable Gift Reserve Fund ______

Municipal Services Committee – Trustee Veron

 Resolution re: Authorization to Execute a Memorandum of Agreement with the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service for the FY 2018/2019 Youth Services Project ______

 Resolution re: Authorization to Execute a Professional Services Agreement for a Recreation Management System ______

 Resolution re: Agreement Extending the term of the Running Track Lease Agreement Between the Village of Scarsdale and the Scarsdale Union Free School District ______

Written Communications (2)

 Mayra Kirkendall-Rodriguez – New Village Attorney  Robert J. Berg, Esq. – New Village Attorney

Town Board Agenda

Town Board Meeting July 12, 2018 Rutherford Hall, Village Hall

Roll Call

Minutes  Town Board Meeting of June 12, 2018 ______

Reports  Report of the Custodian of Taxes as of June 30, 2018 ______

Future Meeting Schedule

Tuesday, July 10, 2018

 6:00 PM - Law Committee – Trustees Room ______

1. Zoning Changes – Retail Gun and Vape Store Siting

 7:00 PM – Joint Law and Sustainability Committees – Trustees Room (approximate start time, meeting will commence immediately following Law Committee Meeting) ______

1. Proposed Amendments to Village Code Chapter 281 – Trees

Thursday, July 12, 2018

 6:00 PM - Committee of the Whole as a Quasi-Judicial Body – Trustees Room ______

1. Deliberative Session 6 Fenimore Road, Scarsdale, NY.

(it is anticipated that the Village Board will convene in Executive Session as a quasi-judicial body to review the evidence presented and deliberate on the appeal)

Tuesday, July 24, 8018

 8:30 AM Village Board Meeting - Limited Agenda ______

Village Board of Trustees 06/26/2018 328

THREE THOUSAND THREE HUNDRED FIFTH

REGULAR MEETING

Rutherford Hall Village Hall June 26, 2018

A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, June 26, 2018 at 8:00 P.M.

Present were Mayor Hochvert, Trustees Arest, Callaghan, Crandall, Finger, Ross, and Veron. Also present were Village Manager Pappalardo, Village Attorney Esannason, Deputy Village Attorney Garrison, Village Treasurer McClure, Village Clerk Conkling, and Assistant to the Village Manager Ringel.

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The minutes of the Board of Trustees Regular Meeting of Tuesday, June 12, 2018 were approved on a motion entered by Trustee Finger, seconded by Trustee Crandall and carried unanimously.

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Bills & Payroll

Trustee Veron reported that she had audited the Abstract of Claims dated June 26, 2018 in the amount of $1,276,368.19 which includes $52,523.30 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 Finger, the following resolution was adopted unanimously:

RESOLVED, that the Abstract of Claims dated June 26, 2018 in the amount of $1,276,368.19 is hereby approved.

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Mayor’s Comments

Mayor Hochvert reported Trustee Crandall will report on a meeting they attended on the 14th regarding keeping the Sprain Brook and the Bronx River cleaner than they have Village Board of Trustees 06/26/2018 329

been. That evening, he visited the Country Bank to help them observe their 30th anniversary in that location. Although they are not in Scarsdale, they serve the Scarsdale community. He stated that on the 18th, he and Trustee Callaghan were invited to the Fox Meadow School observation of its 90th anniversary. At this time, he learned they were losing their principal and their assistant principal, which is a great loss. Mayor Hochvert stated that he had been very impressed with Duncan Wilson. He stated that they had a magnificent show.

Mayor Hochvert continued with his report, stating that all members of the Village Board attended the Boards and Councils reception on June 20th, which as usual was a wonderful event. This is an opportunity for the Board to make sure they meet with and speak to all of the people who are on the Boards and Councils.

On June 21st, he and the Village Manager sat down with a local team of Con Edison personnel to talk about better ways in which to operate. At that same meeting, it was noted that Con Edison has hired a contractor to install another evolution of meters which will help them find out remotely and more specifically when the power is on or off. A schedule will be submitted to the Village which will indicate where and when this meters will be installed in the Village. This project is expected to be completed sometime in 2020. Once the schedule is submitted the information will be shared with the community.

Mayor Hochvert stated that last Saturday he met with a group of young scouts who joined with an Eagle Scout candidate; the group distributed two large piles of woodchips within 6 hours on the pathway located at the library end of the path between the library parking lot and Dean Field. The path had been lined with downed trees which the group carried out; they also removed many vines at the south end (Dean Field) to clear the pathway. They also removed knotweed so that the path was more visible at the library end. Two bags of trash was also collected along the trail. Mayor Hochvert stated that this trail is now in better shape than it has been in a long time.

Mayor Hochvert spoke regarding retiring Village Attorney Esannason, stating that he has appreciated the advice that he has always provided to the Village Board and staff. The work that Mr. Esannason has done has always been done in a conservative manner that protects the Village from his perspective. Mayor Hochvert noted that without this, the Village would most likely be behind the eight ball in a number of cases. He stated that he truly appreciated the work that Mr. Esannason has done.

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Village Manager’s Comments

Village Manager Pappalardo recognized Village Treasurer Mary Lou McClure to speak on the New York State Charitable Gift Reserve Fund that the Village Board adopted via Local Law. The Village tax bills will be mailed shortly.

Village Treasurer McClure stated that the Treasurer’s Department has been working to implement the necessary changes to the tax collection software to enable them to properly record any charitable gift contributions. The Village tax bills will be mailed on Friday. For those taxpayers who prepaid their taxes in December, their tax bills will reflect the prepaid taxes so there will be a very small balance due on those bills. The software has been changed to accommodate any contributions under the new law. She noted that the Treasurer’s office, working with the IT Department is putting information up on the website under the Treasurer’s Department. There will be a note in all of the tax bills directing residents where to go on the website that will have summary information, questions and answers, appropriate forms that New York State has provided and a computation form that the Village has developed. She reiterated that anyone with any questions or comments should feel free to call the Treasurer’s Department at 722-1170.

Village Manager Pappalardo reported on the Federal surface water treatment requirements. He stated that for the past 2 ½ years, the Village, as a member of Water District No. 1, has been distributing a notice in the quarterly water bills informing water users of the US EPA’s long term enhanced surface water treatment rule which requires ultraviolet disinfection of water to target microorganisms referred to as cryptosporidium. The drinking water was safe to drink; however, it did not meant the EPA’s enhanced standards. Pursuant to an EPA Consent Order, District No. 1 has been constructing two ultraviolet treatment facilities in separate locations in White Plains, each separately serving one or more of the four communities in the water district. He stated that he is happy to report that the treatment plant serving the Village was recently completed, tested and approved and placed into service. The Village is now receiving compliant enhanced UV treated water through the Reeves Newsome pumping station. As such, water customers will no longer received the quarterly warning notices starting with the August 1st quarterly billing. Instead, the Village is planning to include the County’s press release in the August billing announcing the UV plant completion and the EPA compliant water. The press release will be posted as part of the June 27th edition of the Scarsdale Official which will be on the Village website.

As a follow up to the Mayor’s comments regarding the Village Attorney, Village Manager Pappalardo stated that he would like to make a few comments as well. He stated that Wayne Esannason has been an invaluable member of the Village administration during his tenure as the Village Attorney. He has counseled many Village Boards and Land Use Boards on all municipal matters before them while defending the actions of these decision making bodies in court when necessary. Wayne has also judicially managed the use of Village Board of Trustees 06/26/2018 331

special counsel when necessary in certain specialized areas such as telecommunications and the environment to guide the Village to successful legal outcomes. Wayne has provided legal guidance and counseling to the staff on a daily basis on everything from the Freedom of Information Law, interpreting municipal bidding laws and contracts; recently the Governor’s Executive Order on the prepayment of property taxes and, in addition, what the Village Treasurer just discussed in regard to the latest State law regarding the Charitable Gift Fund for property tax credits. He has drafted many of our existing local laws during his 19 year tenure as Village Attorney. In addition, Wayne has been available to the Boards and staff at any time necessary to provide guidance and advice including during emergency crisis situations as events unfolded. He stated that he has always appreciated Wayne’s thoughtful and researched advice and legal judgement; but more importantly his affinity for Scarsdale and protecting the Village’s best interest. On a personal note, he stated that he has known Wayne for over 30 years and will miss him as a colleague and friend. He thanked Wayne for a job well done.

Village Manager Pappalardo stated that the Board is considering a resolution on the agenda this evening to employ a replacement for Wayne. The individual, Angela Sapienza- Martin, is currently serving as the Human Resource Director. Her consideration for the position was based on a recommendation he made to the Board in accordance with the Village Code. He stated that Angela graduated from law school cum laude in 2009; she interned at a White Plains law firm during that period of time, prior to being hired as Scarsdale’s Assistant, then Deputy Village Attorney for roughly three years, from 2009 to 2012. She was appointed as Scarsdale’s Human Resources Director in December of 2012. Angela’s succession to the Village Attorney position has been contemplated during her tenure as Human Resources Director. As such, internal appointments and promotions are preferred to preserve continuity and retain exemplary employees familiar with the Village government and the community at large. In Angela’s case, she possesses a unique skill set that will benefit the Village now and for many years to come. Through her role as HR Director, Angela has interfaced and formed, guided and developed respectful working relationships with Village Department Heads and staff. She has proven herself to be forthright, factual, credible and dependable. As such, in her Staff Assistant’s role, she can hit the ground running as Village Attorney allowing for a seamless transition from the staff’s perspective. Furthermore, Angela understands the workings of the Village government, specifically the roles and responsibilities of the Village Board, Land Use Boards, and Administration, as well as appropriate and effective interaction with residents which she has accomplished frequently during her six year tenure with the Village. Angela has followed the workings of the Village Board closely as HR Director and has a working knowledge of the recent, past and current issues before the Village Board. As Assistant to the Scarsdale Village Attorney, Angela performed the task of Justice Court, prosecution, and has an intimate knowledge and understanding of both the Justice Court and the Village Attorney’s office. The Law Department works closely with the Human Resources Department on investigation and settlement of tort and property damage claims. Angela understands the process and execution from both departments. Angela’s transition to the Attorney’s office Village Board of Trustees 06/26/2018 332

and continued presence on the 3rd floor in Village Hall will significantly enhance and accelerate the education and learning curve of a new HR Director. Her ability to perform all functions of the HR position will provide the new HR Director invaluable mentoring and assistance. As expected, the recruitment and hiring a new HR Director will take two to four weeks and perhaps two months before a new person begins working. Having Angela in the Attorney’s office will facilitate what could be a disruptive transition as Angela will essentially manage both offices in the interim. We can expect to maintain certain cost savings in the use of outside counsel as well with Angela serving as Village Attorney due to her legal background in the five years Angela has served as HR Director, labor counsel fees were reduced by roughly $227,000 for the previous five year period. This equates to annual savings of roughly 38% or $45,000. The existing ancillary budgetary benefit of reduced dependency on outside legal counsel will be maintained as Angela will continue to provide assistance to the new HR Director in this regard. Having worked closely with Angela during her tenure with the Village, he stated he had no doubt that she possesses the requisite background, training skills, personal and professional attributes to be an outstanding Village Attorney.

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Trustee Committee and Liaison Reports

Trustee Veron gave an update on the Communication Committee’s initiatives. They are working on involving more of the community in utilizing the ‘Notify Me’ aspect of the Village’s website. Postcards will be distributed at the Scarsdale Pool for the July 4th holiday encouraging residents to sign up for ‘Notify Me’. Similarly, the Library will insert cards with this information as well. She stated that they are hoping to increase the number of people using this service. The Communications Committee is working diligently throughout the summer.

Trustee Veron next spoke about the Library transition and communication effort in order to insure a smooth transition of the location of services for the community. Community members should have received their postcard; she thanked the Library Board for championing the incredible campaign to communicate with residents. The Library is officially closed as of Saturday, June 23rd and is on schedule to open at the Library Loft on July 5th at 8:00 a.m. She stated that it is exciting for her to have a set of resolutions before the Board regarding the award of bids for the Library construction. The Village is moving ahead with the will and desire of the entire community to have an incredible resource for years to come. In addition, the Library has developed bookmarks that lists information on all the neighboring libraries. The collaboration amongst all of the groups – Library Staff, DPW, Recreation, Village Staff, and Westchester Library System in order to insure the transition cannot be underrepresented; it has been a tremendous effort.

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Trustee Veron noted that for returns, book and media drops are still open at Olmsted through July 4th and returns can also be placed in any other Westchester Library location. Starting July 5th there will be a book drop outside of the Supply Field building. She stated that the Library group is focused on not only the construction project and fund raising, but also insuring that residents get top notch service and it is a testament to the incredible efforts that they are still making.

Trustee Veron stated that this evening the Board had a discussion concerning a report they received back from the consultant on the Sanitary Sewer Evaluation Study. The infrastructure of sewers were built in the early 1900’s and are in dire need of replacement. The consultant identified areas of infiltration and inflow which requires rehabilitation work. Residents should expect to continue to hear about the work that will be commencing and should be aware that the Village is tending to this problem but it will be a long ongoing process.

Trustee Veron stated that she had an opportunity today, along with Trustee Crandall to go to a ribbon cutting at the Ambassador recognizing a beautiful outdoor space for seniors who are residents of the Ambassador.

Trustee Veron noted that the Scarsdale Business Alliance is preparing for the Sidewalk Sale which will be discussed closer to that scheduled date.

Lastly, she extended her deepest appreciation to Wayne Esannason for his 19 years of service and commitment to all of us. His dedication shows through in everything he does; he cares enormously about individuals and the Village at large. His expertise has guided the Board. She thanked him for devoting so much of his time and energy to the Village.

Mayor Hochvert added a comment regarding the Sanitary Sewer Evaluation Study. He stated that the report from the consultant the Board heard today is for only one-third of the Village’s sewer system. There is still another large piece to have analyzed and an estimation done of how much it would take to do the remaining approximate two-thirds.

Trustee Callaghan reported on a celebration of Flag Day on June 14th and stated that Trustee Crandall gave a very lovely statement of her family’s history of suppression which was very moving and very interesting. He thanked her for her speech and stated that those in attendance appreciated it also.

Trustee Callaghan next reported on the Advisory Council for Scarsdale Senior Citizens. The Council had their last meeting for the summer. In the future, various department heads will be brought in to explain their roles in the Village government to the members of the Council. Some concerns that the members have are the amount of construction going on in the Village, and how the streets in their area are clogged with small Village Board of Trustees 06/26/2018 334

construction equipment. This creates problems for people walking in the area. Also, some of the seniors who reside in Fox Meadow and Greenacres raised a concern that dog droppings are being put in the gardeners’ bag. In certain parts of the Village there are no waste receptacles where the dog droppings can be placed.

Trustee Callaghan next reported on the Council on People with Disabilities. He stated that they are a very active group and they are looking into a wide range of life conditions that affect seniors and the youth in this community. More information will be forthcoming in the fall.

Trustee Crandall gave the following report: “Have you noticed anything different at the Scarsdale Public Library? Thanks to a donation of professional transplanting services by arborist Mike McGowan of Bartlett Tree Experts, two specimen trees were recently moved to safe locations away from the construction site. One is a flowering dogwood that was donated by the Scarsdale League of Women Voters. The other is a specimen cut leaf Japanese maple that had previously been moved by Bartlett to the Library when it was donated by Laura and Ehud Gelblum. Once again, many hands helped with the project. Library Director Beth Bermel coordinated the timing. Madelaine Eppenstein and Cynthia Roberts from the Friends of Scarsdale Parks selected the new planting sites. Village Projects Manager Paul Zaicek, Director of Public Works Benny Salanitro and his assistant Tyler Seifert arranged for additional labor, mulching, re-seeding the lawn and watering. The Village Highway Laborers were Tim Minique, Stephen Giorgio, Richard Marques and Nicholas Gazzola. The Bartlett Transplanting team included Celso Cabral, Fabio Ramirez- Mendes and Santos Moreno. So, the next time you go to the pond, take a look. And, take a moment to appreciate the generosity and hard work that went into moving two very special trees.

On June 13th, I attended the Scarsdale Edgemont Family Counseling Service's Annual Meeting. Family Counseling has been serving our community for more than 95 years. They provide counseling services and supportive programs to local individuals and families in all stages of life. You may be familiar with their Youth Outreach workers in out Middle and High Schools. For more information, please visit their website at www.sfcsinc.org

On June 14th, Mayor Hochvert and I attended a joint meeting of the County Board of Legislature's Bronx River and Saw Mill River Advisory Boards. We learned from the Bronx River Alliance that floating trash, fecal bacteria and low oxygen are the three biggest issues. They asked each community within the Bronx River watershed to help stop garbage from entering storm drains. What can you do? Cover your recycling containers on windy days. Pick up litter and by all means, clean up after your dogs, even if you're in a natural area like Butler Woods. The run off contaminates the water. Small actions add up. Please be part of the solution. Leave our Village better than how you found it.

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Finally, I would also like to thank Wayne Esannason for his years of service as our Village Attorney. I have learned a lot from Wayne as a regular citizen who paid attention to certain matters over the years, and I was looking forward to working with him as a Trustee. I understand, Wayne, it’s time for you to move on; I wish you well. I feel your shoes will be tough to fill and I’ll certainly miss you and wish you the best.”

Trustee Finger echoed the comments that were just said to Mr. Esannason by everyone. One thing that has struck him the last few years that he has been on the Board is Wayne’s accessibility. He has always made him comfortable and given him good advice, and he appreciates his willingness to be accessible all the time – weekends, and pretty much whenever. The advice was good, but more importantly, it was readily available. He thanked Wayne and wished him good luck.

Trustee Ross stated that he doesn’t even remember how long he has been working with Wayne. In his mind, Wayne is a Scarsdale fixture. Analyzing the broad range of legal issues facing the Village, getting advice and explanations where needed and responding to the concerns of residents. His broad knowledge of the law and the ins and outs of Village government, his judgement in interpreting the law and advising the Board regarding possible changes to the Village Code, and his concern for the wellbeing of the Village and its residents has always been evident in the extremely high quality of your service. Trustee Ross stated that he knows that Wayne is retiring for personal reasons and he wished him the best of everything during this stage of his life and career. He thanked him for his service to Scarsdale.

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Public Hearing

Trustee Finger opened the Public Hearing to consider the submission of an application for a Westchester County Community Development Block Grant for renovations to the interior and exterior of 2 Drake Road. He stated that this application was in the Board agenda package and discussed at the last meeting.

There being no public comments offered, Trustee Finger closed the public hearing.

Upon motion entered by Trustee Finger, seconded by Trustee Ross, the following resolution regarding an Application for Community Development Block Grant – 2 Drake Road was adopted by the vote indicated below:

WHEREAS, The Village of Scarsdale (“Village”) has been a member of the Westchester Urban County Consortium since its inception in 1976, which is the agency responsible for managing, planning, and coordinating the U.S. Department of Housing and Urban Village Board of Trustees 06/26/2018 336

Development’s Community Development Block Grant Program (CDBG); and

WHEREAS, Scarsdale’s participation over the years has been beneficial to numerous communities involved in the Westchester Consortium through inclusion of our community’s housing and population figures in HUD’s calculations and resulting funding allocation determinations; and

WHEREAS, the Village owns certain real property known as 2 Drake Road (“Premises”), which is improved with a one-family home, identified on the Village of Scarsdale Tax Map as Section 11, Block 12, Lot 2; and

WHEREAS, the subject property has been leased by the Village since 1987 to Westchester County for homeless family housing in furtherance of the County’s Social Services Program and related initiatives; and

WHEREAS, certain improvements to the home are currently necessary, including replacement of all the windows, painting the interior and exterior of the home, and reconstruction of an exterior wall, with an estimated total project cost of $52,130; and

WHEREAS, the Village is desirous of submitting an application to the Westchester County Department of Planning for CDBG funds to support this project in the amount of $52,130, inclusive of a 50% Village match, which may be offset, in part, through in-kind services; now, therefore, be it

RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to submit a CDBG application to the Westchester County Department of Planning for the 2 Drake Road Restoration Project in substantially the same form attached hereto, and in the event of a successful grant application, to perform all necessary administrative acts associated with execution of the CDBG contract and subsequent authorization of the necessary work at 2 Drake Road.

AYES NAYS ABSENT Trustee Arest None None Trustee Callaghan Trustee Crandall Trustee Finger Trustee Ross Village Board of Trustees 06/26/2018 337

Trustee Veron Mayor Hochvert

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Trustee Finger then opened the Public Hearing to consider the submission of an application for a Westchester County Community Development Block Grant for interior improvements and restoration of the Wayside Cottage, located at 1039 Post Road. He stated that this is a similar application as the foregoing one; some work was done in the past under similar circumstances, but the County has not had a CDB grants available for some time and now that it does, the Village would like apply for one for this site.

Alyse Streicher, President, Junior League of Central Westchester, stated that the Junior League of Westchester would like to express its support for the Wayside Cottage exterior restoration work and interior improvements. She stated that the JLCW has been headquartered at the site and has been custodian of the property. The JLCW has served the community from this location for more than 70 years. Working collaboratively with social services partners they identify needs and deliver services throughout the community. She highlighted a few of their recent projects which included partnerships with the Westchester County Diaper Bank, Family Services of Westchester and the Head Start Program in White Plains, and partnered with the FSW Sharing Shelf on a project entitled the ‘Teen Boutique’. Many of the projects are either planned, organized, or take place at Wayside Cottage. In addition, Wayside Cottage served as a seminar location for the Real G.I.R.L.S. Academy. The JLCW has been honored to be the custodian of Wayside Cottage. In the last five years the JLCW has also invested in the property with a kitchen and bathroom renovation to update and modernize equipment.

There being no further public comments offered, Trustee Finger closed the public hearing.

Upon motion entered by Trustee Finger, seconded by Trustee Ross, the following resolution regarding an Application for Community Development Block Grant – Wayside Cottage Restoration Project – Phase II was adopted by the vote indicated below:

WHEREAS, the Wayside Cottage (“Cottage”), deeded to the Village of Scarsdale by Emily O. Butler in 1919, is listed on the National Register of Historic Places and leased to the Junior League of Central Westchester for its headquarters, office space and assembly room; and

WHEREAS, the Cottage, a public resource with historical and architectural significance, periodically requires certain exterior and interior repairs, Village Board of Trustees 06/26/2018 338

restorations, and improvements in order to preserve the property and its historical characteristics; and

WHEREAS, in 2004, the Village engaged the architectural services of Jan Hird Pokorny Associates (JHPA), New York, NY., a firm with considerable experience in historic building restoration projects, to investigate the cottage and prepare an Assessment Report, said report completed and submitted in May 2005 outlining the scope of restoration and replacement work to be performed; and

WHEREAS, the work consisted of all exterior building elements, including windows, siding, wood trim, front porch, roof, doors and chimney, and was estimated by JHPA to cost $495,000 to construct, said estimate subsequently increased to $609,700 in November 2006 based on construction cost increases and the inclusion of design fees; and

WHEREAS, certain interior elements including electrical service upgrades, lighting and asbestos removal were also reported to the Village by JHPA, but were not included in the Assessment Report or cost estimate; and

WHEREAS, due to budgetary constraints, the identified Cottage restoration and replacement work was prioritized with Phase I comprising the exterior elements and Phase II primarily interior work. Phase I construction commencing in December 2007 and was completed in November 2008 at a total cost of $569,759.08 ($64,236.21 design and $505,522.87 construction) funded through a $250,000 New York State Dormitory Authority Grant, a $100,000 Westchester County Community Development Block Grant (CDBG) and $219,059.08 in Village capital funding; and

WHEREAS, as identified in the Capital Budget, the Village is currently planning for the Phase II work identified by JPHA which consists of disassembling and reconstructing a rear terrace, upgrading cottage doors for security and accessibility, upgrading existing electrical services and exterior lighting, restoring existing interior flooring, restoring interior plaster finishes, and performing asbestos abatement as necessary; and

WHEREAS, the estimated cost of these Phase II improvements is identified on the attached Project Budget prepared in conjunction with JHPA, which includes contingencies for general conditions and construction; and Village Board of Trustees 06/26/2018 339

WHEREAS, the Village is desirous of submitting an application to the Westchester County Department of Planning for CDBG funds for this project in the amount of $524,024.25 with the Village committing the required match of 50% up to $250,000 including cash and in-kind services; now, therefore, be it

RESOLVED, that the Village Board of Trustees hereby authorizes the Village Manager to submit a CDBG application to the Westchester County Department of Planning for the Wayside Cottage Restoration Project Phase II, in substantially the same form and in accordance with the JHPA Project Budget Estimate dated May 30, 2018, attached hereto, and made a part hereof, and perform all necessary administrative acts associated with the completion of this application and the CDBG contract, should the Village be awarded a grant; and be it further

RESOLVED, that the Village Board of Trustees supports and encourages the Village Manager to seek additional grant opportunities for this project.

AYES NAYS ABSENT Trustee Arest None None Trustee Callaghan Trustee Crandall Trustee Finger Trustee Ross Trustee Veron Mayor Hochvert

Before the roll call, Mayor Hochvert shared the fact that he and his wife were married at Wayside Cottage.

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Public Comment

Mayor Hochvert opened the meeting to public comment at this time and asked that all comments be limited to five (5) minutes.

Gregory Kirchoff, resident of Edgemont and volunteer of a local ambulance corps, spoke on behalf of Robert Berg, who could not be present tonight and read Mr. Berg’s statement on the appointment of the new Village Attorney. In his statement, Mr. Berg noted that in a prior statement before the Board, he requested that the Village appoint an Village Board of Trustees 06/26/2018 340

Advisory Committee including attorneys residing in the Village to conduct a search for a new Village Attorney. However, in this evening’s Board agenda packet there is a resolution appointing Angela Sapienza Martin to the position of Village Attorney. Ms. Sapienza Martin currently serves as the Director of Human Resources, and is an attorney with a law degree from Pace University of Law. He notes that her employee contract is very generous. He went over her work experience, stating that she has had no public visibility, does HR work for the Village and conducts the labor negotiations for the Village. He further stated that she does not appear to have any experience in the fields of litigation, criminal law, land law, constitutional law, revaluation or any issue concerning complex issues. In his statement, Mr. Berg stated that he doubted the Village considered any other candidate.

Bob Selvaggio, Rochambeau Road, thanked Village Attorney Esannason for his 19 years of service and congratulated him on his retirement. He noted that Mr. Esannason handled some very difficult issues and did it with great dignity. Mr. Selvaggio stated that he is the owner of a financial consulting firm in mid-town Manhattan and stated that he frequently hires analysts with Masters Degrees in Financial Engineering from Columbia, Cornell, and NYU. When he is looking to hire he looks at many CV’s, check references and interview no fewer than five candidates. As a Scarsdale resident and taxpayer, he stated that he expects no less diligence from the Village elected officials in a selection process for an important role such as the Village Attorney. He stated that there is no evidence that a formal search is or has been underway for a replacement. A search process should be underway for a qualified replacement of Village Attorney Esannason.

Zoe Berg, 32 Tisdale Road, gave the following comments regarding DAS antennas:

“As you may remember, I stood here two weeks ago to express my concerns regarding the potential deployment and installation of DAS antennas throughout Scarsdale. Wendi Li, another Scarsdale resident, also expressed her concerns about DAS antennas. Why? Because DAS antennas are dangerous devices that should not be placed near schools or residences. Period. I’ll tell you why. But for now, let me begin with a short anecdote.

I contacted Mayor Hochvert three times last week to schedule a meeting with him, myself, and a wireless radiation expert, Patricia Wood, Founder and Executive Director of Grassroots Environmental Education. The intent of the meeting was to help educate our Mayor about the biological hazards associated with chronic, low-level exposure to wireless radiation before taking a meeting with any telecommunications firm looking to install DAS antennas in our community, not after.

Long story short, he refused to meet with us…three times. Our Mayor said there are conflicting opinions about wireless radiation and that he’s knowledgeable about the issue because when he was in the workforce he was in contact with some FCC scientists. Unfortunately, Dan’s remarks do little to comfort me. First, these two 6-inch digests of recent, peer-reviewed, scientific studies, studies conducted by people that don’t have a Village Board of Trustees 06/26/2018 341

financial stake in the wireless industry, contain indisputable science illustrating a correlation between wireless radiation exposure and adverse health impacts.

Secondly, the FCC is a captured agency, an agency that has been run by telecom industry executives over the past three administrations. With all due respect, I have no confidence that the FCC is protecting public health the way they should be. Secondly, when the FCC establishing their now outdated wireless radiation standards and recommendations, they did not take into consideration any of the robust, growing of body of science that dispels their position that there are only thermal effects from exposure. Certainly, the world’s leading wireless radiation researchers, like the Head of Reproductive Sciences at Yale Medical School, Hugh Taylor, the Director and Principal Investigator at the Center for Family and Community Health at UC Berkeley, Joel Moskowitz, Dr. Martha Herbert at Harvard University, Dr. Devra Davis, a leading toxicologist, and the World Health Organization, would share my sentiment towards the FCC. So, to drive this point home, our Mayor’s argument that he knows enough about wireless because he’s spoken to FCC insiders has no teeth.

Third, Mayor Hochvert has repeatedly reminded me in public and in emails that the installation of DAS antennas is a federally pre-empted area. Yes, I know that. What I have repeatedly said in response is that the Village has legal authority to accept or decline whatever contract they please. If the Village has properly prepared for the meeting and fully educated about the health concerns associated with wireless exposure beforehand, then the Village can review the contract with the scrutiny it demands. If the contract calls for putting antennas near schools and residences, the Village can and should say, “No, we aren’t signing anything unless you revise your placement plans for these systems. We don’t want them near schools or residences due to health concerns.” Then that company can either be receptive to our needs or lose the business. It’s not complicated and it’s completely legal.

To conclude, DAS antennas would emit more localized, amplified concentrations of wireless, involuntary exposing thousands of residents to a 2B carcinogen. I implore our Mayor and our Board of Trustees to take this DAS antenna issue very seriously. We are talking about malignant brain tumors, behavioral disorders, and DNA damage. We are talking about our kids, our families. We have the opportunity to be proactive, operate via the precautionary principle, get educated, and safeguard the health and wellbeing of our residents. This is not a small issue, and I think the size of these digests are a testament to that.

So I must ask you, Mayor Hochvert, why have you refused three times to meet with a wireless expert and myself about installing this potentially harmful technology all over town?” Ms. Berg asked if Mayor Hochvert or the Board would like to comment.

Mayor Hochvert stated that the Board will wait until all the comments are finished and they will then respond. Village Board of Trustees 06/26/2018 342

Robert Harrison, 65 Fox Meadow Road, spoke as the volunteer director for 34 years for the Scarsdale Summer Youth Tennis League. He thanked Bob Kaczmarek, Assistant Superintendent of the Recreation Department for his help with the program in terms of publicizing it and sending email blasts to residents. Mr. Harrison stated that the 34th season of the Scarsdale Summer Youth Tennis League will begin on Tuesday, July 10th at the Middle School tennis courts. This program is for boys and girls from the ages of 6 through 18 years old. Round robin matches are played on four weekday evenings, Monday through Thursday from 6:00 p.m. to 8:00 p.m. for four weeks. All skill levels are welcome, including beginner, novice, intermediate, and advanced. The players can come every night or pick nights of their choosing. They can play for one or two hours. A maximum of 32 hours of play can be attained over the four weeks for a total sum of $50.00, which includes players also getting a participation trophy, a tennis league t-shirt, and the program is concluded with a fun tennis tournament and have a pizza and ice cream party. He urged youth and parents to sign up for the Summer Youth Tennis League now – he can be contacted at 914-646-4054 or by email at [email protected]. Applications can be picked up at the Recreation Department and at all the tennis courts and outdoor pool office. At scarsdale.com/recreation, an application can be downloaded.

Mr. Harrison congratulated Mr. Esannason for his service to the Village and wished him well in his future endeavors.

Mr. Harrison also noted that it is very cold in this room and encouraged the Village Manager to turn the temperature up and save the Village costs to the taxpayers.

In response to Ms. Berg’s comments, Mayor Hochvert stated that he had asked for patience at this time because the Board does not have a specific proposal from Crown Castle yet in regard to the DAS antennas; further, it is their responsibility to defend their view against the evidence that points to radiation danger from these devices. When the Board receives a firm proposal, the Board will inquire of experts’ opinions from both sides of the argument.

Trustee Finger read one section of the Federal law, which he felt would alleviate some confusion – 47 U.S. Code Annotated, Section 332, Subsection C, Subsection 7, IV – “No State or Local Government or instrumentality thereof may regulate the placement, construction and modification of personal wireless service facilities on the basis of environmental effects of radiofrequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.” Therefore, Trustee Finger stated that the Board has to receive the proposal, make sure that they comply with the regulations, and the Board will have its own consultants to aid in that determination. There are items the Board can consider and items they may not consider. There will be other opportunities to discuss this, however, as the Board moves forward in that discussion, anyone interested in participating in discussions should look at that section of Federal law. Village Board of Trustees 06/26/2018 343

There being no further comments, Mayor Hochvert closed the public comments portion of the meeting.

* * * * * * * *

Mayor Hochvert

Upon motion entered by Mayor Hochvert, and seconded by Trustee Ross, the following resolution regarding the Appointment of a Marriage Officer was approved by a unanimous vote:

WHEREAS, Pursuant to the provisions of Section 11-c of the New York State Domestic Relations Law, the Mayor may appoint Marriage Officers authorized to solemnize marriages in Scarsdale; and

WHEREAS, in accordance with the April 14, 2017 Annual Meeting Resolution the Mayor appointed two marriage officers, as ratified by the Village Board of Trustees, for two year terms ending April 1, 2019; and

WHEREAS, the Mayor is desirous of appointing another marriage officer for a two year term retroactive to April 10, 2018 and ending April 6, 2020; and

WHEREAS, Jane Veron, 20 Tompkins Road, Scarsdale, N.Y. has expressed an interest in serving in this capacity; now therefore be it

RESOLVED, that Jane Veron, 20 Tompkins Road, is hereby appointed as a Marriage Officer effective retroactive to April 10, 2018 and ending April 06, 2020, in accordance with the Village official year; and be it further;

RESOLVED, that as Marriage Officer, Jane Veron shall receive no compensation for performing her duties.

* * * * * * * *

Trustee Callaghan stated that he has noted Trustee Veron to be very service oriented and she has given a lot to the community. He is sure that in this position, Trustee Veron will be exemplary.

* * * * * * * *

Village Board of Trustees 06/26/2018 344

Before reading the next resolution to appoint the Village Attorney, Mayor Hochvert stated that he could echo the Village Manager’s comments regarding the candidate, and this Village Board did have a lot of discussion about the person who has sought an Attorney position. On a personal note, he has had enough interaction with Ms. Sapienza Martin to know that she is not guided by another person; she is an individual thinker, she looks at arguments on both sides of an issue and finds the one she believes is the best one for the Village residents and supports that position. He stated that he has seen her results in negotiations with some very aggressive unions and contrary to the comment earlier, his belief is that in those negotiations she served the Village very well.

Upon motion entered by Mayor Hochvert, and seconded by Trustee Finger, the following resolution regarding the Appointment the Village Attorney was approved by the vote indicated below:

WHEREAS, pursuant to the provisions 4-400 of the Village Law, the Mayor re- appointed Wayne Esannason as the Village Attorney, as ratified by the Village Board on April 10, 2018 for the official year of the Village; and

WHEREAS, effective June 30, 2018 Mr. Esannason is retiring from the Village after twenty-six years of dedicated service, nineteen years of which he served as the Village Attorney; and

WHEREAS, pursuant to Appendix 318-4A of the Scarsdale Village Code, it is the recommendation of the Village Manager to the Mayor that Angela Sapienza-Martin be considered to fill the unexpired term of Mr. Esannason; and

WHEREAS, the Personnel Committee met on June 5, 2018 to interview Ms. Sapienza-Martin, and again on June 20, 2018 to discuss Ms. Sapienza-Martin’s candidacy to fill the unexpired term of Mr. Esannason; and

WHEREAS, the Mayor recommends to the Full Board pursuant to the provisions of 4-400 of the Village Law that Ms. Sapienza-Martin be appointed to serve the unexpired term of Mr. Esannason as the Village Attorney, and said appointment necessitating the execution of an employment agreement; now therefore be it

RESOLVED, that pursuant to §4-400 of the Village Law and Appendix 318-4A of the Scarsdale Village Code, Angela Sapienza-Martin is herein appointed to the position of Village Attorney for the Village of Village Board of Trustees 06/26/2018 345

Scarsdale effective June 30, 2018 for the remainder of the current official year, and be it further

RESOLVED, that Village Manager Stephen M. Pappalardo is herein authorized to execute the Employment Agreement, attached hereto, between the Village of Scarsdale and Angela Sapienza-Martin.

AYES NAYS ABSENT Trustee Callaghan Trustee Arest None Trustee Crandall Trustee Finger Trustee Ross Trustee Veron Mayor Hochvert

* * * * * * * *

Before his vote on the foregoing resolution, Trustee Arest made the following statement: “I have tried very hard to put the vote we are about to take into context. I do not think it is overly dramatic to assume that this vote will be one of the more impactful during my two year term. I think it could also be my most difficult. At the onset, I should thank my colleagues for their time and respect throughout the meetings and discussions on this issue. I think our interactions are proof that fundamental disagreements and civility are not mutually exclusive. I would like to thank Ms. Sapienza Martin for her willingness to step up and offer her services to the Village in a new role. I have had very little interaction with her, but in my brief encounters, as well as from references that I have received from those that have worked with her, I have been nothing but impressed. My hope is that, if she is approved this evening, she will grow into a superb Village Attorney and be someone I can look to for counsel. And beyond that, I think she is someone that understands the role of the Village Attorney and who will be willing to discuss and debate issues with the understanding that such discourse might actually make our positions that much stronger. Unfortunately, I do not have a crystal ball, and therefore, while I want nothing but to believe that she is the right person at the right time, because of limited information I must make my decision based on the process. Decisions in isolation might appear most prudent with hindsight, but if we look at a range of decisions as well as decisions that need to be made in the future, what is often the most important consideration is not the decision itself, but how the decision is made. That is why process is so very important to me and that is why I will not be able to support the resolution that is before us. Unfortunately, I do not believe that the steps that have brought us to where we are this evening meet a standard required for the role in question. I understand that my colleagues on the Board may feel differently and I respect that we can have different views. In the end, all of us sitting up here act in a way that we believe is in the best interest of Scarsdale. And should Ms. Sapienza Martin be approved, Village Board of Trustees 06/26/2018 346

please do not confuse my opposition to this resolution with the idea that I will not do everything in my power to ensure that she succeeds. With that, I vote nay.”

Trustee Callaghan also offered a statement before his vote: “Before I vote aye, I would like to have a few comments, please. First of all, thank you Counsel, for your time and I wish you would do three things for me in your retirement: Live much, laugh much, and love much. As the Kenny Rogers song goes, through the years, Counselor, you never let us down. Thank you for your service.

On to the Aye – Scarsdale is a very remarkable community in modern terms and that remarkableness rests with our Village Manager. He’s been with us almost 30 years; he’s served 22 Mayors and 22 Boards – his depth of perception of what this Village needs to succeed is indeed remarkable. The two young fellows that got up and talked about getting resumes – our Code really states a successive management philosophy. Village Manager Pappalardo is our Chief Operations Officer. He looks to the inside first and he finds Angela. He knows what she can do. Based on his knowledge and his experience in this community he goes to our Mayor. Our Mayor listens, examines the evidence, and he goes to the Board. Huge corporations work this way. Their Chief Executive Officer, would be Mr. Pappalardo, makes a recommendation to the President of the company, to the Chief Executive, who in turn goes to the Chairman of the Board. That would be our Mayor. The Mayor looks at it and that Chairman has a very wide experience. Not only of that corporation, but of business in general. The Aye mostly rests with our Village Manager’s depth of perception and quality of expression in the talents of Angela. Thank you very much, Stephen, I appreciate that. I vote ‘Aye’.

Trustee Crandall stated that she would like to offer her comments: “As my fellow Trustee Justin Arest noted, process is certainly important and I share his concerns but I also – I gave this a lot of thought – for those of you that don’t know, I am a retired attorney. I retired in 1995. But during the time that I worked, I was in litigation, I had experience in court and other arbitration settings, etc., so I have an idea as to what’s important in a lawyer. Through my volunteer work in Scarsdale, my experience with Mr. Esannason, and from observing his interactions with all of you and the community, the other part that is important is hard to measure at times – the attorney’s temperament. Can they get along with others? Can they express themselves? We did interview Angela, she presented very well. I asked her what I thought to be a couple of tough questions and I was impressed with her answers. In this time where many of us are concerned about our future tax bills, it’s also important that we have a Village government that runs efficiently. In my opinion, by hiring from within, someone we know, someone who is highly regarded by a variety of people both within and with out Village Hall, I believe that Angela will, as our new Village Attorney, make it possible for our staff to operate more efficiently. That’s important. But if we were to bring in someone new, there would be a period of upheaval before things smoothed out again. As far as having an independent voice, well that’s the job of us as Village Trustees. In the event we don’t agree with something, we hear from our Village Attorney, we can certainly ask for Village Board of Trustees 06/26/2018 347

an opinion from outside counsel, we can turn to any of our fellow residents who are experts in whatever area might be in question. So there is certainly a role for volunteers to play. We all need to help with research and reasoning but we need to have civil discussions on whatever the future topics might be. For the day to day operations of the Village, I do believe that Angela is uniquely qualified so although I share the reservations that Trustee Arest mentioned with respect to process, I am satisfied that she will do a good job and therefore I vote Aye.”

Trustee Finger had a few brief comments before voting: “I generally agree with what Trustee Callaghan and Trustee Crandall said; I understand Trustee Arest’s comments. I’m fortunate that I’ve worked with Ms. Sapienza Martin for several years and have great confidence in her. The only thing I would take a moment to correct Trustee Arest on is when he said that she would grow into the Village Attorney position. I actually think that she will be an excellent Village Attorney starting immediately. So with that in mind I have no hesitation to vote ‘Aye’ in favor of her appointment.”

Trustee Ross stated that he would also like to make a few brief comments before his vote: “I am of course aware that there are those in the Village who question this decision, disagreeing with the outcome or process that led to it, or both. I’ve considered their opinions and acknowledge that they’ve made some reasonable arguments. After careful deliberation, however, taking all relative factors into consideration, including Ms. Sapienza Martin’s demonstrated ability, experience and knowledge of Village affairs and the fore thought that brings us to this juncture. Balancing these positive factors against the counter arguments, I believe that this is the decision that is best for the Village. I recognize and accept the responsibility I bear for this decision and realize that it will and should be subject to scrutiny in the months and years to come. I look forward to Ms. Sapienza Martin’s service as Village Attorney and recognizing the range of challenges she will face, believe that in that role she will continue to serve us well and accordingly, I vote ‘Aye’.

Trustee Veron stated “Our job is to insure the long term health of the Village. We want to retain our best employees along with their vast institutional knowledge. We also want the Village to evolve with the times to insure that we keep up to date and ask the right questions. Our Board has deliberated extensively on this matter and has weighed a multitude of factors. We’ve also taken into consideration succession planning as initiated by prior Boards and current staff. We are in an enviable place in having before us a candidate who is uniquely positioned to serve our Village. As Village Trustee, I have seen Angela in action under very stressful situations and very complicated environments. Angela is smart, direct, tenacious, fair, and unflappable. She fulfills her duties with the highest level of professionalism and in my experiences on the Board she has provided us with excellent counsel. Angela knows the Village and she knows our residents. She has the perfect blend of Village specific knowledge, positive temperament and strong experience. Most municipalities can’t even hope to approximate such a high level of in house expertise. I am confident that Angela will serve our Village well and I vote ‘Aye’.” Village Board of Trustees 06/26/2018 348

Mayor Hochvert stated “I could repeat everything I’ve heard including Trustee Arest’s concerns but I think we’ve had other views and I vote ‘Aye’.”

* * * * * * * *

Municipal Services Committee

Trustee Veron stated that before reading the following resolutions regarding the Library renovation and expansion project, she wanted to read everyone’s name that was on the Library Board so that are acknowledged: Felecia Block, Elyse Klayman, Steve Kessler, Gary Katz, Margot Milberg, Deb Morel, Diane Greenwald; and Beth Bermel, Paul Zaicek, and Terry Singer and her entire Committee have been working tirelessly.

Upon motion entered by Trustee Veron, and seconded by Trustee Finger, the following resolution to Award VM Contract #1228 – General Construction, Public Library Renovation and Expansion Project was approved by the vote indicated below:

WHEREAS, Dattner Architects (Dattner), the Village’s contracted design firm for the Scarsdale Library Expansion and Renovation Project, completed the necessary construction bid documents in January 2018; and

WHEREAS, Section 101 of the New York State General Municipal Law, commonly referred to as the Wick’s Law, requires that the general construction, electrical, plumbing, and mechanical portions of the project be bid under separate contracts; and

WHEREAS, the Village advertised in the Scarsdale Inquirer on March 16, 2018, for bids pursuant to VM Contract #1228 – General Construction, Scarsdale Public Library Renovation and Expansion Project, having also announced the solicitation through Construction Data News, Reed Construction Data, Dodge Reports, and BidNet, the New York State procurement system; and

WHEREAS, the bids for the VM Contract #1228 – General Construction were opened on April 24, 2018, with a total of six bids received, as summarized in the attached bid tabulation; and

WHEREAS, the lowest responsible bid for VM Contract #1228 – General Construction was received from Niram Inc., 4 East Frederick Place, Cedar Knolls, NJ 07927, for the base bid of $10,487,000, which was further reduced by $180,000 to $10,307,000 in response to the Village Board of Trustees 06/26/2018 349

Village’s choice to select Bid Alternate No. 5, a deduction for eliminating the west addition metal roof overhang; and

WHEREAS, Savin Engineers (Savin), the Village’s construction management firm for the project, and staff met with Niram, Inc., at the project site to review the project scope in detail, with Niram, Inc., having confirmed their clear understanding of the project requirements and having expressed high confidence in their bid proposal; and

WHEREAS, in consensus with Savin’s written recommendation (attached), staff recommends awarding VM Contract #1228 – General Construction to Niram Inc., 4 East Frederick Place, Cedar Knolls, NJ 07927, for the total value of $10,307,000, comprised of the base bid of $10,487,000 and the $180,000 deduction associated with Bid Alternate No.5; and

WHEREAS, as described in detail on page seven of the attached staff memo, there are adequate funds available to support award of this contract, with total project costs now estimated at $20,176,755, inclusive of a 5% construction cost contingency, and total available funding of $20,275,501; now, therefore, be it

RESOLVED, that VM Contract # 1228 – General Construction, Public Library Renovation and Expansion Project, be awarded to the lowest responsible bidder, Niram, Inc., 4 East Frederick Place, Cedar Knolls, NJ 07927, for a total contract award of $10,307,000, inclusive of Bid Alternate No. 5, a $180,000 deduction from the base bid of $10,487,000; and be it further

RESOLVED, that the cost of same be charged to the appropriate Library Capital Construction Account, as designated by the Village Treasurer; and be it further

RESOLVED, that the Village Manager is hereby authorized and directed to execute VM Contract # 1228 – General Construction on behalf of the Village of Scarsdale with Niram, Inc., and to undertake administrative acts as may be required under the terms of the contract.

AYES NAYS RECUSED ABSENT Trustee Arest None Trustee Ross None Trustee Callaghan Trustee Crandall Trustee Finger Village Board of Trustees 06/26/2018 350

Trustee Veron Mayor Hochvert

* * * * * * * *

Upon motion entered by Trustee Veron, and seconded by Trustee Finger, the following resolution Awarding VM Contract #1230 – Plumbing, Public Library Renovation and Expansion Project was approved by the vote indicated below:

WHEREAS, the Village advertised in the Scarsdale Inquirer on March 16, 2018, for bids pursuant to VM Contract #1230 – Plumbing, Scarsdale Public Library Renovation and Expansion Project, having also announced the solicitation through Construction Data News, Reed Construction Data, Dodge Reports, and BidNet, the New York State procurement system; and

WHEREAS, the bids for VM Contract #1230 – Plumbing were opened on April 24, 2018, with a total of two bids received, as summarized in the attached bid tabulation; and

WHEREAS, the lowest responsible bid for VM Contract #1230 – Plumbing was received from S & L Plumbing & Heating Corp., 56 Lafayette Avenue, White Plains, NY 10603, for the base bid of $874,190; and

WHEREAS, Savin Engineers (Savin), the Village’s construction management firm for the project, and staff met with S & L Plumbing & Heating Corp. (S & L) at the project site to review the project scope in detail, with S & L having confirmed their clear understanding of the project requirements and having expressed high confidence in their bid proposal; and

WHEREAS, in consensus with Savin’s written recommendation (attached), staff recommends awarding VM Contract #1230 – Plumbing to S & L Village Board of Trustees 06/26/2018 351

Plumbing & Heating Corp., 56 Lafayette Avenue, White Plains, NY 10603, for the base bid of $874,190; and

RESOLVED, that VM Contract # 1230 – Plumbing, Scarsdale Public Library Renovation and Expansion Project, be awarded to the lowest responsible bidder, S & L Plumbing & Heating Corp., 56 Lafayette Avenue, White Plains, NY 10603, for a total contract amount of $874,190, and be it further

RESOLVED, that the cost of same be charged to the appropriate Library Capital Construction Account, as designated by the Village Treasurer; and be it further

RESOLVED, that the Village Manager is hereby authorized and directed to execute VM Contract #1230 – Plumbing on behalf of the Village of Scarsdale with S & L Plumbing & Heating Corp and to undertake administrative acts as may be required under the terms of the contract.

AYES NAYS RECUSED ABSENT Trustee Arest None Trustee Ross None Trustee Callaghan Trustee Crandall Trustee Finger Trustee Veron Mayor Hochvert

* * * * * * * *

Upon motion entered by Trustee Veron, and seconded by Trustee Finger, the following resolution Awarding VM Contract #1244 – Electrical, Public Library Renovation and Expansion Project was approved by the vote indicated below:

Village Board of Trustees 06/26/2018 352

WHEREAS, the Village advertised in the Scarsdale Inquirer on March 16, 2018, for bids pursuant to VM Contract #1229 – Electrical, Scarsdale Public Library Renovation and Expansion Project, having also announced the solicitation through Construction Data News, Reed Construction Data, Dodge Reports, and BidNet, the New York State procurement system; and

WHEREAS, the bids for VM Contract #1229 – Electrical were opened on April 24, 2018, with a total of six bids received, as summarized in the attached bid tabulation; and

WHEREAS, arising from a fatal flaw in the procurement process, the Village Board rejected all bids by way of Resolution (attached) at their regular meeting held on May 08, 2018; and

WHEREAS, the Electrical drawings and specifications were revised by Dattner and the Village advertised for rebids pursuant VM Contract # 1244 – Electrical, Scarsdale Public Library Renovation and Expansion, on May 11, 2018; and

WHEREAS, the rebids for VM Contract # 1244 – Electrical were opened on June 05, 2018, resulting in three bids, with the lowest responsible bidder, Healy Electric Contracting, Inc. (Healy Electric), 4 Fisher Lane, White Plains, NY 10603, having presented a base bid of $2,233,000; and

WHEREAS, Savin Engineers (Savin), the Village’s construction management firm for the project, and staff met with Healy Electric at the project site to review the project scope in detail, with Healy having confirmed their clear understanding of the project requirements and expressed high confidence in their bid proposal; and

WHEREAS, in consensus with Savin’s written recommendation (attached), staff recommends awarding VM Contract #1244 – Electric to Healy Electric Contracting, Inc. (Healy Electric), 4 Fisher Lane, White Plains, NY 10603, for the base bid of $2,233,000; and

WHEREAS, as described in detail on page seven of the attached staff memo, there are adequate funds available to support award of this contract, with Village Board of Trustees 06/26/2018 353

total project costs now estimated at $20,176,755, inclusive of a 5% construction cost contingency, and total available funding of $20,275,501; now, therefore, be it

RESOLVED, that VM Contract # 1244 – Electric, Public Library Renovation and Expansion Project, be awarded to the lowest responsible bidder, Healy Electric Contracting, Inc., 4 Fisher Lane, White Plains, NY 10603, for a total amount of $2,233,000; and be it further

RESOLVED, that the cost of same be charged to the appropriate Library Capital Construction Account, as designated by the Village Treasurer; and be it further

RESOLVED, that the Village Manager is hereby authorized and directed to execute VM Contract #1244 – Electric on behalf of the Village of Scarsdale with Healy Electric Contracting, Inc. and to undertake administrative acts as may be required under the terms of the contract.

AYES NAYS RECUSED ABSENT Trustee Arest None Trustee Ross None Trustee Callaghan Trustee Crandall Trustee Finger Trustee Veron Mayor Hochvert

* * * * * * * *

Upon motion entered by Trustee Veron, and seconded by Trustee Finger, the following resolution Awarding VM Contract #1245 –Mechanical, Public Library Renovation and Expansion Project was approved by the vote indicated below:

WHEREAS, the Village advertised in the Scarsdale Inquirer on March 16, 2018, for bids pursuant to VM Contract #1231 Mechanical - Scarsdale Public Village Board of Trustees 06/26/2018 354

Library Renovation and Expansion Project, having also announced the solicitation through Construction Data News, Reed Construction Data, Dodge Reports, and BidNet, the New York State procurement system; and

WHEREAS, the bids for VM Contact # 1231 – Mechanical were opened on April 24, 2018, with a total of six bids received, as summarized in the attached bid tabulation; and

WHEREAS, arising from a fatal flaw in the procurement process, the Village Board rejected all bids by way of Resolution (attached) at their regular meeting held on May 08, 2018; and

WHEREAS, the Mechanical drawings and specifications were revised by Dattner and the Village advertised for rebids pursuant to VM Contract # 1245 – Mechanical, Scarsdale Public Library Renovation and Expansion May 11, 2018; and

WHEREAS, the rebids for VM Contract # 1245 – Mechanical were opened on June 05, 2018, resulting in six bids, with the lowest responsible bidder, ABM A/C & Heating Inc. (ABM), 11 West Cross Street, Hawthorne, NY 10532, having presented a base bid of $1,810,000; and

WHEREAS, Savin Engineers (Savin), the Village’s construction management firm for the project, and staff met with ABM at the project site to review the project scope in detail, with ABM having confirmed their clear understanding of the project requirements and having expressed high confidence in their bid proposal; and

WHEREAS, in consensus with Savin’s written recommendation (attached), staff recommends awarding VM Contract # 1245 – Mechanical to ABM A/C & Heating Inc. (ABM), 11 West Cross Street, Hawthorne, NY 10532, for the base bid of $1,810,000; and

RESOLVED, that VM Contract # 1245 – Mechanical, Public Library Renovation and Expansion project, be awarded to the lowest responsible bidder, Village Board of Trustees 06/26/2018 355

ABM A/C & Heating Inc., 11 West Cross Street, Hawthorne, NY 10532, for a total contract award of $1,810,000, and be it further

RESOLVED, that the cost of same be charged to the appropriate Library Capital Construction Account, as designated by the Village Treasurer; and be it further

RESOLVED, that the Village Manager is hereby authorized and directed to execute VM Contract #1245 – Mechanical on behalf of the Village of Scarsdale with ABM A/C & Heating Inc. and to undertake administrative acts as may be required under the terms of the contract.

AYES NAYS RECUSED ABSENT Trustee Arest None Trustee Ross None Trustee Callaghan Trustee Crandall Trustee Finger Trustee Veron Mayor Hochvert

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Personnel Committee

Upon motion entered by Trustee Arest, and seconded by Trustee Crandall, the following resolution regarding an Appointment to the Advisory Council on Senior Citizens was approved by a unanimous vote:

WHEREAS, the Advisory Council on Scarsdale Senior Citizens (Council) was created in 1985 by Resolution of the Village Board of Trustees to advise and assist the Village Board in matters concerning the senior citizens of the Village of Scarsdale; and

WHEREAS, pursuant to the Council’s Constitution, membership shall be comprised of such number of Scarsdale residents as may be appointed by the Village Board, each for a two-year term; and

WHEREAS, the Village Board’s Personnel Committee met on June 20, 2018, and discussed the application of Naomi Lipman, 1186 Post Road, for a position on the Advisory Council on Scarsdale Senior Citizens; and

Village Board of Trustees 06/26/2018 356

WHEREAS, the Personnel Committee recommends to the full Village Board that Naomi Lipman be appointed to serve as a member of the Council; now, therefore, be it

RESOLVED, that Naomi Lipman, 1186 Post Road, is hereby appointed to the Advisory Council on Scarsdale Senior Citizens for a term effective immediately and ending April 6, 2020, or until such time as a successor is appointed.

* * * * * * * *

Recreation Committee

Upon motion entered by Trustee Callaghan, and seconded by Trustee Finger, the following resolution regarding Authorization to Execute an Agreement with the South East Consortium for Special Services, Inc. was approved by the vote indicated below:

WHEREAS, the South East Consortium for Special Services, Inc. is a voluntary not-for-profit corporation whose sole purpose is to provide therapeutic recreation services to Westchester County youth and adults with physical, developmental, learning and emotional disabilities; and

WHEREAS, the Consortium provides these services through an inter-municipal agreement with the member municipalities of the City of Rye, Towns of Eastchester, Pelham and Mamaroneck, the Villages of Bronxville, Mamaroneck, Port Chester, Rye Brook and Tuckahoe, and the Town/Villages of Harrison, and Scarsdale; and

WHEREAS, the Village has participated in this program since its inception 35 years ago and has found it to be a very beneficial and successful endeavor; and

WHEREAS, the Village of Scarsdale’s cost to participate in the Consortium for 2018 is $16,334, which remains unchanged year to year; now, therefore, be it

RESOLVED, that the Village Manager is hereby authorized and directed to execute a one-year renewal agreement with the South East Consortium for Special Services, Inc., to provide special recreation programs for disabled individuals in Scarsdale, in substantially the same form as attached hereto, and to undertake administrative acts as may be required under the terms of the agreement; and be it further Village Board of Trustees 06/26/2018 357

RESOLVED, that the 2018 program year cost of $16,334 be charged to the Recreation Department Operating Budget Account #A-7020- REC- DISAB-400-499.

AYES NAYS ABSENT Trustee Arest None None Trustee Callaghan Trustee Crandall Trustee Finger Trustee Ross Trustee Veron Mayor Hochvert

* * * * * * * *

Village Manager Pappalardo spoke in regard to the Library contracts approved earlier, stating that both the electrical and mechanical contracts had to be rebid which was done due to reasons found during the process. In retrospect, it worked out well for the Village because they saved roughly $43,000 on the electrical and $40,000 on the mechanical contracts.

* * * * * * * *

Written Communications

The Village Clerk reported that five (5) communications have been received since the last regular Board of Trustees meeting:

 An email from Mayra Kirkendall Rodriguez regarding roadways in Scarsdale.  An email from Frank Murtha regarding lawn signs.  An email from Josh Frankel concerning the Village Board Meeting format.  Two emails from Susan Levine regarding house numbers; a response from the Mayor is attached.

* * * * * * * *

Future Meeting Schedule

 Tuesday, July 10, 2018 – Law Committee Meeting– 6:00 P.M. – Trustees’ Room  Tuesday, July 10, 2018 – Joint Law & Sustainability Committee Meeting (immediately following Law Committee Meeting) – Trustees’ Room Village Board of Trustees 06/26/2018 358

 Tuesday, July 10, 2018 – Agenda Meeting– 7:30 P.M. – Rutherford Hall  Tuesday, July 10, 2018 – Village Board Meeting– 8:00 P.M. – Rutherford Hall  Wednesday, July 12, 2018 – Executive Session re: 6 Fenimore Road – 6:00 P.M. – Rutherford Hall  Tuesday, July 24, 2018 – Limited Agenda Meeting– 8:30 A.M. – Trustees’ Room

* * * * * * * *

Village Hall Schedule

 Wednesday, July 4, 2018 – Independence Day – Village Hall Closed

* * * * * * * *

There being no further business to come before the Board, on a motion entered by Trustee Finger, seconded by Trustee Ross and carried unanimously, the meeting adjourned at 9:37 P.M.

Donna M. Conkling Village Clerk RESOLUTION RE: ACCEPTANCE OF A GIFT FOR THE SCARSDALE PUBLIC LIBRARY ADDITION AND RENOVATION PROJECT

WHEREAS, the Scarsdale Library Board completed a Master Plan dated June 10, 2013, which identifies a number of building renovations and additions that will increase the capacity of the library to provide a broader range of rapidly evolving library services while maintaining popular traditional collections and programs by offering a more balanced utilization of the building space within a safe, attractive and inviting comfortable environment, said master plan supported by the Scarsdale Village Board of Trustees via resolution dated April 8, 2014 (attached); and

WHEREAS, the improvements identified in the Master Plan will transform the Library into a multi-purpose community asset for future generations, maintain its preeminent status among free public libraries in the County and State, enhance its technological capacity to further library services and create a physical environment that will be a welcoming and versatile learning center; and

WHEREAS, the Scarsdale Public Library Board, at their October 21, 2013 meeting, authorized the retention of the fund raising consulting firm of Plan A Advisors, P.O. Box 165, Thornwood, NY 10594, to design and conduct a capital campaign to implement such a project, subsequently identified in the July 20, 2015, Schematic Design Report prepared by Dattner Architects, at an estimated construction cost of $16,500,000 and total project cost of approximately $19,500,000; and

WHEREAS, in accordance with a Village Board request at a March 07, 2016, Committee of the Whole meeting, the Library Board and Architect value engineered the schematic design plans, reducing the total project cost to $17,900,000, as identified in Option A-1 (attached), which the Architect presented at the July 19, 2016, Committee of the Whole meeting; and

WHEREAS, on December 13, 2016, the Village Board of Trustees authorized a $9,900,000 bond to pay part of the $17,900,000 addition and renovation of the existing Scarsdale Public Library Building, with the remainder of the $17,900,000 to be paid by private donations and grants; and

WHEREAS, on January 09, 2017, and with thanks to Assemblywoman Amy Paulin, the New York State Dormitory Authority awarded the Village of Scarsdale a $500,000 State and Municipal Facilities Program grant in support of the project, with the execution of a grant agreement pending upon completion of various program review requirements; and

WHEREAS, on February 13, 2018, the Village Board amended the December 2016 Bond Resolution (attached) to provide for an increased total library addition and renovation construction cost of $18,400,000, to be funded by a $9,900,000 bond combined with $500,000 from funds previously appropriated from the Village and the Library unassigned fund balances for the Supply Field temporary library and professional service contracts, respectively, and $7,500,000 to be paid from private donations and grants, including the aforementioned $500,000 State and Municipal Facilities Program grant; and

WHEREAS, on June 26, 2018, the Village Board awarded library construction contracts which contributed to an increase in the overall project cost, now totaling an estimated $20,176,755, inclusive of a 5% construction cost contingency, with total available funding of $20,275,501, reflecting new Library General Fund and Trust Fund transfers and an additional $500,000 in donations through the Library Capital Campaign, which brings the fundraising total to $8,000,000; and

WHEREAS, the following donations have been offered to the Scarsdale Public Library Addition and Renovation Capital Improvement Project: Friends of the Scarsdale Library - $162,051.96; and The Henry Laird Smith Foundation at the direction of Jeannette Sloan Warner - $1,000.

WHEREAS, pursuant to Policy #106: “Gifts to the Village of Scarsdale” of the Village of Scarsdale Administrative Policies & Procedures Manual, acceptance of all gifts valued at $500 or greater must be approved by the Village Board of Trustees; now, therefore, be it

RESOLVED, that the Village Board hereby accepts the following gifts toward the Scarsdale Public Library Master Plan Improvement Project: $162,051.96 from the Friends of the Scarsdale Library; $1,000 from The Henry Laird Smith Foundation; and be it further

RESOLVED, that the Village Treasurer take the necessary steps to complete the transaction and accept these financial gifts totaling $163,051.96 and deposit said funds into the Library Capital Campaign Account; and be it further

RESOLVED, that the Board of Trustees hereby extends their heartfelt thanks and great appreciation to the Friends of the Scarsdale Library and The Henry Laird Smith Foundation for their generosity and commitment to the Scarsdale Public Library and the community it serves.

Submitted by: Village Manager Date: July 03, 2018 For: July 10, 2018 Memo

To: Steve Pappalardo From: Beth Bermel cc: Josh Ringel Date: July 2, 2018 Re: June 2018 Gifts for Library Renovation

Steve,

I am writing to advise you that we have received two checks for the Scarsdale Library Addition and Renovation Project: $162,051.96 from Friends of the Scarsdale Library and $1,000 from The Henry Laird Smith Foundation at the direction of Jeannette Sloan Warner. The total gift amount for the Resolution this month is $163,051.96. Please find the Resolution for these gifts attached.

Beth

RESOLUTION RE: INTERMUNICIPAL AGREEMENT WITH SCARSDALE UNION FREE SCHOOL DISTRICT FOR TAX COLLECTION SERVICES ASSOCIATED WITH THE CHARITABLE GIFT RESERVE FUND

WHEREAS, in response to the Federal Tax Cuts and Jobs Act (TCJA), the State of New York enacted legislation authorizing local governments and school districts to establish a charitable gifts reserve fund that may be used to offset the $10,000 cap on state and local tax (SALT) deductions imposed by TCJA; and

WHEREAS, pursuant to Section 6-u of the General Municipal Law, the Village Board adopted a resolution (attached) establishing a charitable gift reserve fund allowing property owners to make an unrestricted charitable money contribution to said fund; and

WHEREAS, pursuant to Section 980-a of the New York Real Property Tax Law, the Village of Scarsdale adopted a local law on June 12, 2018 (attached) authorizing a real property tax credit of up to 95% of the value of the charitable contribution for those owners of real property situated within the boundaries of the Village who make a contribution(s) to the Village Charitable Gift Reserve Fund during the associated credit year; and

WHEREAS, pursuant to Section 980-a of the Real Property Tax Law, the Board of Education of the Scarsdale Union Free School District (School Board) has authorized a real property tax credit for those owners of real property situated within the boundaries of the Scarsdale Union Free School District who make a contribution(s) to the Charitable Fund during the associated credit year, in the amount of 95% of such contribution(s); and

WHEREAS, based on previous discussions and an understanding between the School District and Village Administrations, the School Board has designated the Village of Scarsdale, by its Treasurer who is also the Custodian of Taxes of the Town of Scarsdale, as the agent of the Scarsdale Union Free School District for the collection of unrestricted charitable monetary contributions to the Charitable Fund from residents of the Village of Scarsdale, who also reside within the boundaries of the Scarsdale Union Free School District, and for the implementation of the real property tax credit authorized by the Scarsdale Union Free School District for those owners of real property who make a contribution(s) to the Charitable Fund during the associated credit year; and

WHEREAS, the Village Board is amenable to such tax collection designation of the Village Treasurer on behalf of the School District in accordance with the terms and conditions of the attached Intermunicipal agreement between the Village and School District for these services; now therefore be it

RESOLVED, that the Village Board of Trustees hereby approves the Intermunicipal Agreement dated July 10, 2018, in substantially the same form as attached hereto and made a part hereof, by and between the Village of Scarsdale and the Scarsdale Union Free School District for the Village to collect contributions to the School District’s Charitable Gift Reserve Fund from residents of the Village of Scarsdale who also reside within the boundaries of the Scarsdale Union Free School District and to implement the authorized real property tax credit to be applied to School District tax bills for such contributions in exchange for the compensation set forth in the Intermunicipal Agreement, which consists of a portion of the five percent of the contributions for which, by statute a tax credit may not be provided, and reimbursement of the Village for its direct costs associated with providing such services, which include all personnel costs for straight time, overtime and fringe benefits, as well as 50% of the cost of purchasing a new desktop computer, printer and any necessary software upgrades to the Village tax collection system; and be it further

RESOLVED, that the Village Board herein authorizes the Village Manager to execute, on behalf of the Village of Scarsdale, the Intermunicipal Agreement with the Scarsdale Union Free School District dated July 10, 2018; and be it further

RESOLVED, that the Village Manager and Village Treasurer are authorized and directed to take all necessary actions to effect the purposes of and to cause compliance with the Intermunicipal Agreement entered into with the Scarsdale Union Free School District, dated July 10, 2018.

Submitted by: Village Manager Date: July 6, 2018 For: Juley 10, 2018

RESOLUTION RE: CALLING FOR A PUBLIC HEARING ON A LOCAL LAW TO CREATE A NEW ARTICLE UNDER CHAPTER 269 OF THE SCARSDALE VILLAGE CODE ENTITLED CHARITABLE GIFTS RESERVE FUND TAX CREDIT

RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in RutherfordHall in Village Hall on Tuesday, June 12, 2018, at 8:00 p.m. to consider a proposed local law to create a new article under Chapter 269 of the Scarsdale Village Code, entitled Charitable GiftsReserve Fund Tax Credit; and be it further

RESOLVED, thatthe Village Clerk is hereby directed to publish notice of said hearing pursuant to Village Law.

Submitted by: Village Manager Date: May 16, 2018 For: May 22, 2018

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INTERMUNICIPAL AGREEMENT (Provide Collection Services for Contributions to Charitable Education Fund of Scarsdale Union Free School District and Services to Implement Associated Real Property Tax Credit for Such Contributions)

This Agreement (“Agreement”) made and entered into this 10th day of July, 2018, by and between the Village of Scarsdale, a municipal corporation duly organized and existing pursuant to the laws of the State of New York, having its principal office at Village Hall, 1001 Post Road, Scarsdale, New York 10583 (the “Village”) and the Scarsdale Union Free School District, an education corporation duly organized and existing pursuant to the laws of the State of New York, having its principal office at 2 Brewster Road, Scarsdale, New York 10583 (the “School District”).

WHEREAS, the School District has established a charitable education fund effective September 1, 2018 pursuant to Section 1709(12-b) of the New York Education Law (the “School District CEF”); and

WHEREAS, pursuant to Section 980-a of the New York Real Property Tax Law, the School District has authorized a real property tax credit for those owners of real property situated within the boundaries of the School District who make a contribution(s) to the School District CEF during the associated credit year (as defined in Section 980-a of the New York Real Property Tax Law) in the amount of 95% of such contribution(s); and

WHEREAS, the Village of Scarsdale has established a charitable gifts reserve fund pursuant to Section 6-u of the New York General Municipal Law (the “Village Charitable Gift Reserve Fund”); and

WHEREAS, pursuant to Section 980-a of the New York Real Property Tax Law, the Village of Scarsdale has authorized a real property tax credit for those owners of real property situated within the boundaries of the Village who make a contribution(s) to the Village Charitable Gift Reserve Fund during the associated credit year in the amount of 95% of such contribution(s); and

WHEREAS, the School District has requested that the Village of Scarsdale serve as the designated agent of the School District for the collection of the unrestricted charitable monetary contributions to the School District CEF from those residents of the Village of Scarsdale who also reside within the boundaries of the School District and provide all other services necessary to implement the real property tax credit for School District taxes authorized by the School District for such contributions to the School District CEF; and

WHEREAS, for the mutually agreed upon compensation to the Village, the Village of Scarsdale is willing to collect the monetary contributions to the School District CEF from residents of the Village of Scarsdale who also reside within the boundaries of the School District and provide all other services necessary to implement the real property tax credit for these contributions; and

WHEREAS, Section 119-o of the New York General Municipal Law permits municipal corporations to enter into Intermunicipal Agreements for the performance between themselves or one for the other of their respective functions, powers and duties;

NOW, THEREFORE, in consideration of the promises and covenants contained herein, it is mutually agreed by and between the parties as follows:

1. Scope of Services - During the term of this Agreement, the Village by its Treasurer who is also the Custodian of Taxes of the Town of Scarsdale, shall serve as the agent of the School District for the collection of unrestricted charitable monetary contributions to the School District CEF from those residents of the Village of Scarsdale who also reside within the boundaries of the School District and for the implementation of the real property tax credit authorized by the School District for those owners of real property situated within the boundaries of the School District and the Village who make a contribution(s) to the School District CEF during the associated credit year, as such year is defined in Section 980-a of the New York Real Property Tax Law. These services shall include collecting the monetary contributions to the School District CEF, issuing the acknowledgment of each such contribution to the School District CEF on the form prescribed by the New York State Commissioner of Taxation and Finance (the “Commissioner”), accepting such acknowledgement forms together with credit claims presented on the form prescribed by the Commissioner from the residents of the Village of Scarsdale who own property within the boundaries of the School District, and applying the authorized tax credits warranted by the presented acknowledgement and credit claims forms.

2. Consideration – For the above-described services to be provided by the Village, the School District shall:

a. for each contribution collected by the Village for the School District CEF for which the authorized tax credit is claimed by the applicable owner of real property and processed by the Village, pay the Village twenty-five percent (25%) of the five (5%) of each collected contribution that remains after processing the authorized tax credit, up to a total sum not exceed $33,525.00;

b. after the Village has earned the $33,525.00 under Paragraph “2.a.”, for each additional contribution thereafter collected by the Village for the School District CEF for which the authorized tax credit is claimed by the applicable owner of real property and processed by the Village, pay the Village at a rate of 2.35% (amounting to .0235) of the five percent (5%) of each collected contribution that remains after processing the authorized tax credit; and

-2- c. reimburse the Village for its direct costs associated with collecting contributions to the School District CEF and processing the authorized School District tax credit for such contributions when the requisite forms have been submitted. These expenses include all personnel costs for straight time, overtime and fringe benefits, as well as 50% of the cost of purchasing a new desktop computer, printer and any necessary software upgrades to the Village tax collection system.

3. Invoices – The Village will submit an invoice for the direct costs incurred to provide the services required by this Agreement on a monthly basis, and payment to the Village shall be made within thirty (30) days following the date the School District receives the invoice. The invoice shall include the dates on which services were rendered, the types of services rendered and the fees payable. The invoice shall be accompanied by proof of the expenses invoiced, including but not limited to proof of the personnel costs and documentation evidencing the purchase of software upgrades, a computer and/or a printer. The School District shall give the Village notice of any invoice dispute within twenty (20) days of its receipt and reserves the right to withhold payment of the disputed sums pending the resolution of this dispute. Failure to dispute any invoice shall not be deemed as an acceptance and does not act as a waiver of the School District’ rights or prevent the School District from availing itself of any remedy or course of action it has at law or in equity at a later date.

4. Compliance with Applicable Law – The Village shall comply with all applicable laws, statutes, rules and regulations relating to the services to be provided pursuant to this Agreement.

5. Indemnification - The School District shall indemnify and hold the Village, its officials, employees, and officers harmless from any claims, liabilities, suits, proceedings and actions arising from the services provided pursuant to this Agreement, except to the extent such claims, liabilities, suits, proceedings and actions arise from the intentional misconduct, recklessness or negligence of the Village, its officials, employees, and officers. The School District shall further indemnify and hold the Village, its officials, employees and officers harmless for any claims, liabilities, suits, proceedings and actions arising from any subsequent ruling by the Internal Revenue Service or any court of law regarding the School Districts Charitable Education Fund, collected charitable monetary contributions and/or real property tax credits, except to the extent such claims, liabilities, suits, proceedings and actions arise from the intentional misconduct, recklessness or negligence of the Village, its officials, employees, and officers.

6. Term – This Agreement shall be effective upon execution and through and until June 30, 2019. This Agreement may be renewed for one additional year upon written consent of both the School District and Village.

7. Termination – This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Upon such termination, the Village shall be paid for all

-3- services performed in accordance with this Agreement through the date of termination and shall be entitled to no other compensation or damages of any kind. Upon any such termination, the parties shall endeavor in an orderly manner to wind down activities hereunder.

8. No Waiver - No failure by either party to insist upon the strict performance of any term, covenant, agreement or provision of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or of any such term, covenant, agreement or provision.

9. Amendment - No amendment, change or modification of this Agreement shall be valid unless in writing, signed by the parties hereto.

10. Notices. Any and all notices, demands or other communications required or desired to be given hereunder by either party shall be in writing and shall be validly given or made to the other party if personally served or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested and addressed to the party, at the addresses set forth above. If such notice, demand or other communication is served personally, it shall be effective immediately. If such notice, demand or other communication is given by mail, the same shall be effective when received, but in any event, it shall be effective no later than four (4) days after deposit in the United States mail addressed to the party to whom such notice, demand or other communication is to be given, at the address set forth above. Either party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.

11. Assignment - This Agreement may not be assigned without the prior written consent of the other party

12. Entire Understanding - This Agreement constitutes the entire understanding and agreement between the parties in connection with the subject matter contained herein and any and all prior agreements, understandings and representations are merged herein and are of no further force and effect.

13. Cooperation – In the event any issue which is unanticipated in this Agreement or by the parties occurs, the parties agree to communicate and to cooperate to address same.

14. Governing Law. This Agreement shall be governed by the laws of the State of New York. Any litigation between the parties shall be venued in an appropriate court located in Westchester County, New York.

15. Construction. This Agreement has been arrived at mutually and is not to be construed against any party hereto as being the drafter hereof or causing the same to be drafted

-4- 16. Headings and Captions – The captions and headings in this Agreement are for convenience and reference only and in no way define, limit or describe the scope of this Agreement and shall not be considered in the interpretation of this Agreement or any provision hereof.

IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their respective duly authorized officials on the date(s) indicated below.

VILLAGE OF SCARSDALE SCARSDALE UNION FREE SCHOOL DISTRICT

Stephen M. Pappalardo Village Manager President of the Board of Education

______Date Date

1833/01/638300v3 -5- RESOLUTION RE: AUTHORIZATION TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE VILLAGE OF SCARSDALE, SCARSDALE UNION FREE SCHOOL DISTRICT AND SCARSDALE/EDGEMONT FAMILY COUNSELING SERVICE FOR THE FY 2018/19 YOUTH SERVICES PROJECT

WHEREAS, in 1984 the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale- Edgemont Family Counseling Service recognized the need for a safety net for youth and emotional support for their parents which led to the creation of the Scarsdale Youth Services Project; and

WHEREAS, the Youth Services Project is a partnership of the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service that provides challenging programs for youth and parents that build confidence and strengthen the character of youth in grades six through twelve, provide outreach to parents, make available support groups, offer parenting for prevention strategies as well as other challenging programs; and

WHEREAS, the current agreement expires August 31, 2018, and Scarsdale/Edgemont Family Counseling Service has proffered a successor agreement to the Village which continues to include a provision allowing the School Superintendent and Village Manager limited flexibility to adjust the agreement fee for certain unforeseen personnel matters effecting the provision of counseling services provided by the Scarsdale-Edgemont Family Counseling Services; and

WHEREAS, the term of the proposed agreement is for one year, commencing September 1, 2018, and terminating August 31, 2019, at a total cost of $481,983.18, representing a $7,565.00 or 1.59% increase year-to-year, to be distributed equally between the Village and Scarsdale Union Free School District at $240,991.59 for each government; and

WHEREAS, the Board of Trustees provided an appropriation of $240,992.00 in the adopted FY 2018/19 General Fund Budget for the purposes of funding the Youth Services Project; now, therefore, be it

RESOLVED, that the Mayor and Village Manager are herein authorized to execute the Memorandum of Agreement among the Village of Scarsdale, Scarsdale Union Free School District and Scarsdale/Edgemont Family Counseling Service, in substantially the same form as attached hereto, and that the Village Manager is further authorized to perform all necessary administrative acts in connection therewith; and be it further

RESOLVED, that all costs associated with this agreement be charged to FY 2018/19 General Fund Budget Account # A-9990-HUMSV-YOUTH-400 499 not to exceed budgeted appropriations.

Submitted by: Village Manager Dated: July 06, 2018 For: July 10. 2018

RESOLUTION RE: AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR A RECREATION MANAGEMENT SYSTEM

WHEREAS, the Village of Scarsdale, Parks, Recreation and Conservation Department utilizes software for program registrations, record keeping, permit management, and accounting; and

WHEREAS, the current software, CLASS, is no longer being supported by the vendor, Active Network, and must be replaced; and

WHEREAS, following industry research conducted by staff, a request for proposals (“RFP”) was issued on March 26, 2018, having been advertised on BidNet, the New York State procurement system, on the Village’s website, and distributed directly to five vendors, with four proposals received by the due date, April 20, 2018; and

WHEREAS, the RFP evaluation process included staff, a representative from the Technology Advisory Committee, and a representative of the Ad-Hoc Committee on Communications, as well as known resident users of the recreation registration system in order to assess the customer-facing interface for usability and convenience; and

WHEREAS, following the rigorous evaluation process, which included review of each proposal, vendor presentations, and test environments for the two finalists, staff recommends that CivicPlus, Inc., 302 S. 4th Street, Suite 500, Manhattan, KS 66502, be awarded a Professional Services Agreement to provide the new, browser-based Recreation Management System, CivicRec, for a cost of $46,437, which includes all software, licensing, training, data migration, and one year of maintenance, with year two annual maintenance of $31,250, and subsequent yearly maintenance billed at 1.25% of revenues recorded through the system; now, therefore, be it

RESOLVED, that the Village Manager is herein authorized to execute a Professional Services Agreement with CivicPlus, Inc., 302 S. 4th Street, Suite 500, Manhattan, KS 66502, in substantially the same form as attached hereto, for the leasing of a new, browser- based Recreation Management System, CivicRec, in the amount of $46,437 for year one, $31,250 for year two, and subsequent years billed at 1.25% of revenues collected through the system; and be it further

RESOLVED, that the cost of same be charged to FY 17/18 Capital Budget Account # H-1997- 961 2018-102 ($30,000) and FY 18/19 Operating Budget Account # A-1680-MIS- SFTSP-400 409 ($16,437); and be it further

RESOLVED, that the Village Manager is herein authorized to undertake administrative acts as may be required pursuant to the terms of the agreement.

Submitted by: Village Manager Date: July 03, 2018 For: July 10, 2018

Master Services Agreement for Scarsdale, NY

Master Services Agreement

THIS Master Services Agreement (“Agreement”) is agreed to by and between CivicPlus, Inc., d/b/a CivicPlus (“CivicPlus”) and Scarsdale, New York (“Client”) (jointly, “Parties”) and shall be effective as of the later date of signing indicated at the end of this Agreement (“Effective Date”). RECITALS WHEREAS, CivicPlus is engaged in the business of developing, marketing and selling custom community engagement and government management platforms and services that include but are not limited to web sites, web interfaces and portals and proprietary software systems and associated modules; in addition to project development, design, implementation, support and hosting services for same; WHEREAS, Client wishes to engage in a relationship with CivicPlus for such services and/or license for use of proprietary software developed and owned by CivicPlus; WHEREAS, Client and CivicPlus have agreed to certain terms as set forth in this Agreement by this written instrument duly executed by the Parties; NOW, THEREFORE, Client and CivicPlus agree as follows: Term & Termination 1. The term of this agreement shall be the later of 1 year from the Effective Date or the termination or expiration of any associated Statement of Work (“SOW”). 2. Either Party may terminate this Agreement or any associated SOW at the end of the Agreement term by providing the other Party with 60 days’ written notice prior to the contract renewal date. 3. Unless terminated by either Party pursuant to Section 2, this Agreement will renew another 1-year term. 4. Notwithstanding the above, in the event this Agreement or any SOW is terminated, any outstanding invoices for Project Development shall become due in full and any outstanding Annual Services shall be prorated from the beginning of the renewal term to the date of termination. Statements of Work 5. CivicPlus agrees to perform services and/or produce deliverables in accordance with the Statement(s) of Work in consideration of the fees described in the same Statement(s) of Work. Multiple and successive Statement(s) of Work may be entered into hereto. Such Statement(s) of Work are incorporated into this Agreement by reference and subject to the terms & conditions contained herein pursuant to Section 23. Invoicing & Payment Terms 6. Invoices shall be sent electronically in the manner described in the relevant Statement of Work. Upon request CivicPlus will mail invoices. 7. Payment shall be due 45 days from date of invoice. 8. If a client change in timeline causes CivicPlus to incur additional expenses (i.e. airline change fees), Client agrees to reimburse CivicPlus for those fees. Not to exceed $1,000 per CivicPlus resource per trip. Ownership & Content Responsibility 9. Upon full and complete payment of submitted invoices for any SOW Project Development Fees, Client will own the Customer Content (defined as any website graphic designs, webpage or software content, module content, importable/exportable data, and archived information as created by CivicPlus on behalf of Client pursuant to this Agreement). 10. Upon completion of any SOW Project Development, Client will assume full responsibility for website, software or module content maintenance and administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 11. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed to be time-sensitive, such as calendar or blog content, in any project. 12. Client will make a reasonable attempt to work with CivicPlus, if requested, to create a news item to be released in conjunction with their project Go-Live date. Client will provide CivicPlus with contact information for local and regional media outlets. CivicPlus may use the press release in any marketing materials as desired throughout the term of this Agreement. Intellectual Property & Ownership

MSA Page 1 of 3 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. MSA.03.01.16-0000

Master Services Agreement for Scarsdale, NY 13. Intellectual Property of any software or other original works created by CivicPlus prior to the execution of this Agreement (“CivicPlus Property”) will remain the property of CivicPlus. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way; (ii) modify or make derivative works based upon any CivicPlus Property; (iii) create Internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or Internet-based device; or (iv) reverse engineer or access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them. Indemnification 14. To the extent permitted by the law of Client’s state, Client and CivicPlus shall defend, indemnify and hold the other Party harmless, its partners, employees, and agents from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney’s fees of any kind, without limitation, in connection with the operations of and installation of software contemplated by this Agreement, or otherwise arising out of or in any way connected with the CivicPlus provision of service and performance under this Agreement. This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of either party. Liabilities 15. Except to the extent of Civic Plus’s acts, omissions, negligence or defect in the quality of service, CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the Client. 16. Except to the extent of Civic Plus’s willful failure to perform, CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client’s behalf. 17. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-users’ Personal Data on any website or online service provided by CivicPlus. Client further agrees that CivicPlus has no responsibility for the use or storage of end-users’ Personal Data in connection with the website or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of Personal Data. 18. To the extent it may apply to any service or deliverable of any SOW, user logins are for designated individuals chosen by Client (“Users”) and cannot be shared or used by more than one User. Client will be responsible for the confidentiality and use of User’s passwords and user names. Client will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Client Data, and all other data of any kind contained within emails or otherwise entered electronically through any CivicPlus Property or under Client’s account. CivicPlus will act as though Client will have sent any Electronic Communications it receives under Client’s passwords, user name, and/or account number. Client shall use commercially reasonable efforts to prevent unauthorized access to or use of any CivicPlus Property and shall promptly notify CivicPlus of any unauthorized access or use ofany CivicPlus Property and any loss or theft or unauthorized use of any User’s password or name and/or user personal information. 19. Client shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use of any CivicPlus Property. Force Majeure 20. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of public enemy, or other cause of similar or dissimilar nature beyond its control. Taxes 21. It is CivicPlus’ policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and this agreement will not be taxed. If the Client’s state taxation laws change, the Client will begin to be charged sales tax in accordance with their jurisdiction’s tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes. Other Documents 22. The following are to be attached to and made part of this Agreement: a. Exhibit A - Statement(s) of Work.

MSA Page 2 of 3 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. MSA.03.01.16-0000

Master Services Agreement for Scarsdale, NY 23. In the case of any conflict between the terms of this Agreement and any incorporated documents, such conflicts shall be resolved with the incorporated documents taking the following order of precedence: a. This Master Services Agreement; b. Exhibit A - Statement(s) of Work in descending order of execution (for example, the most recent SOW will control over other in the event of a conflict in terms). Interlocal Purchasing Consent 24. This Agreement and any attached SOWs may be extended to any public entity in the State of New York to purchase at SOW prices in accordance with the terms stated herein. Miscellaneous Provisions 25. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 26. No amendment, assignment or change to this Agreement or any included SOW shall be effective unless by a written instrument executed by each of the Parties. 27. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms & conditions of this Agreement.

Client CivicPlus

By: By:

Name: Name:

Title: Title:

Date: Date:

Sign and E-mail the entire contract with exhibits to: [email protected]

We will e-mail a counter-signed copy of the contract back to you so we can begin your project.

CivicPlus does not require a physical copy of the contract, however, if you would like a physical copy of the contract, mail one (1) copy of the contract with original signature to: CivicPlus Contract Manager 302 S. 4th Street, Suite 500 Manhattan, KS 66502 Upon receipt of signed original, we will counter-sign and return the copy for your files.

MSA Page 3 of 3 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. MSA.03.01.16-0000 Exhibit A.1 - CivicRec SOW for Scarsdale, NY

Exhibit A.1 - CivicRec Statement of Work All Quotes are in US Dollars and Valid for 30 Days from June 18, 2018

Project Implementation and Deployment • Setup of CivicRec Recreation Management Software • Project development including project management and system integration/data migration • Merchant account set-up, if desired $46,437.50 • Custom Photo Import • User Import (current users to new system) • Memberships/Passes Import • 2 Days web-based training for up to 6 Client staff members • First Year Annual Services Total First Year Fees $46,437.50 Second Year and Beyond Annual Services Fees (Includes Subscription, Support and Maintenance) $31,250 Billed 12 months from SOW signing

1. Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by and between Client and CivicPlus, to which this Statement of Work (SOW) is hereby attached. 2. This SOW shall remain in effect for an initial term of one year (12 months) from signing. In the event that neither party gives 60 days’ notice to terminate prior to the end of the initial or any subsequent renewal term, this Agreement will automatically renew for an additional 1-year Renewal Term. 3. The Total First Year Fees shall be invoiced as follows: a. Completion of Design & Configuration (Phase 3) – one half of the Total First Year Fees. b. Upon completed implementation of the CivicRec Recreation Management Software – the remaining half of the Total First Year Fees. 4. Renewal Term Annual Services Fees shall be invoiced on the date of signature of relevant calendar years beginning with the second year of service. 5. At the onset of each Renewal Term, beginning with the second Renewal Term (after 24 months of service under this SOW), CivicPlus may reassess the annual fees based on historic data (actual transaction volume occurring during the prior one year Renewal Term) to ensure that the Annual Services Fees accurately reflects the transaction volume processed. 6. All amounts owed to CivicPlus hereunder are fully-earned upon provision of the Services Provided or other charged amounts hereunder, are not subject to withholding or off-set in any manner whatsoever, and are non-refundable upon payment subject only to a clear demonstration of an accounting error. Client expressly acknowledges and agrees that Client is familiar with the proposed Services Provided and CivicPlus’ billing process. 7. If CivicPlus provides the merchant account for the collection of registration and other credit card monies on behalf of Client, it shall charge a per transaction processing fees (“Merchant Processing Fee”) as provided herein. Merchant Processing Fees will be calculated using a “Processing Rate” which is a percentage of each positive Charge that is captured through the system. No Processing Rate fees are credited back in the event of a refund or credit. In addition to the Processing Rate, an additional Transaction Fee will be assessed which is a fixed amount per transaction. This Transaction Fee will also only apply to positive Charges and will not apply to Refunds or Voids. Unless otherwise specified, all fees due and payable to CivicPlus will be deducted from the funds collected in the merchant account prior to disbursement. Unless otherwise arranged, disbursements will occur either monthly (on or about the 1st of the next month) or semi-monthly (on or about the 1st as well as the 16th of each month).

Page 1 of 3 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. PD 06.01.2015-0048 Exhibit A.1 - CivicRec SOW for Scarsdale, NY

i. Standard Merchant Processing Rates are as follows: Processing Rate - 3% per “charge” transaction Transaction Fee - $.30 per transaction

ii. There are no monthly minimum fees for merchant processing. Client simply pays for what it uses. iii. CivicPlus reserves the right, at any time, to adjust the merchant processing rate or transaction fee to more accurately reflect the amount and type of credit card transactions being processed. CivicPlus will give 30 days' notice upon such change. iv. In addition to the Merchant Fees, Client will also be responsible for extraordinary processing fees assessed by CivicPlus’ merchant account beyond normal transaction fees. The most typical extraordinary fee would involve a payer reversing a charge on a credit card statement. In such case, CivicPlus shall invoice Client the first week of each month for any such fees in excess of the funds collected in the Client merchant account incurred during the prior month’s processing. In any event, Client shall only be responsible for payment to CivicPlus of actual, additional fees charged to CivicPlus by the merchant as discussed under this subsection. Acceptance

We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement.

Client CivicPlus

By: By:

Name: Name:

Title: Title:

Date: Date:

Page 2 of 3 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. PD 06.01.2015-0048 Exhibit A.1 - CivicRec SOW for Scarsdale, NY

Addendum 1 to Exhibit A.1 – Services Provided

Services provided by CivicPlus to the Client under this agreement include the following:

● Access – CivicPlus hereby grants a nonexclusive license during the term of the Agreement for the Client and patrons of the Client recreational programming to access, use and display CivicPlus’ online registration service (the “Portal”). Excluding occasional maintenance, the Software shall be available 24 hours per day, seven days per week with a guaranteed uptime of 99%. The Portal is accessible via the public Internet from any PC with an Internet connection. There is no limit to the number of organization users and participants that can enroll using the Portal. ● Online Registration – The CivicPlus registration engine through which the Portal is accessed can be integrated with Client’s website. CivicPlus will format a registration page to match the colors and theme of the rest of Client’s website. Client would then display a link on its own page that would seamlessly redirect the user to a secure page on the CivicPlus server. ● Documentation - All CivicPlus startup and user’s guides are maintained electronically in the system and can be accessed through the “Help Center” from within CivicPlus. CivicPlus does not provide paper copies of its guides and help files. ● Data Backups – CivicPlus currently performs backups daily of all of its data (6:00 AM). In case of emergency, CivicPlus may restore data to the point of the previous backup. ● Enhancements – New features will be added to CivicRec throughout the term of this Agreement. Client will have full access to all of these new features without additional charge. Client is also encouraged to submit change requests as they see opportunities for improvement. CivicPlus will attempt to implement any and all changes that improve the value of CivicPlus to all of our Clients at no charge. Notwithstanding the foregoing, all custom work will be estimated and agreed upon in writing by the parties hereto prior to work start. ● Client Support – CivicPlus shall provide an online utility for problem reports and change requests. Client may also reach CivicPlus by phone at 1-800-335-1863 between the hours of 7:00 AM and 7:00 PM Central Standard Time, Monday through Friday and excluding national holidays. E-mail support is also available at [email protected]. Non-emergency after-hours support may be subject to additional fees. Emergencies will be handled as soon as possible. Enhancement requests will be queued based on priority and implemented on a schedule. CivicPlus shall have sole and absolute discretion as to whether support requests exceed reasonable use or exceed the scope of services outlined in this Agreement. ● Data – In the event Client no longer wishes to use CivicPlus, CivicPlus will export Client data based on a requested format (in most cases). If the data exporting request is initiated by Client, development will be charged at a $100 hourly rate. All work will be estimated and agreed upon in writing by the parties hereto prior to work start.

Page 3 of 3 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. PD 06.01.2015-0048 Village of Scarsdale Memo

To: Stephen M. Pappalardo, Village Manager

From: Brian Gray, Superintendent of Parks, Recreation and Conservation

Date: 7/3/2018

Re: Parks and Recreation Software

BACKGROUND

The Village of Scarsdale Parks, Recreation and Conservation Department (SPRC) purchased CLASS from The Active Network (TAN) in 2010. For 8 years the CLASS system has provided the Village with computerized registrations for all our programs and services. When the software was purchased, it was considered “top of the line” and added a critical number of functions including online registration and credit card payment for residents.

However, technologies have evolved and CLASS entered its “end of life” phase in November 2017. The Village elected to exercise a one-year extension of support to allow ample time to study all its options and determine the best replacement for CLASS.

The purchase of the new software was identified in the 5-year technology Capital Budget and prepared by the Information Technology Department. An appropriation of $30,000 was authorized in the FY 2017/2018 Capital Budget for the purchase of a new recreation management software system including software licensing, training, and setup. The IT operating budget in FY 2018/2019 (software contractual) was increased by $38,000 in anticipation of the ongoing annual cost of the new system.

RESEARCH PROCESS

Virtually all of the vendors of recreation management software have moved to a model known as Software as a Service (SaaS) in which a third-party provider hosts applications and makes them available to customers over the Internet and is becoming the industry standard. This cloud hosting provides benefits like a more reliable and redundant path to the Internet, battery and generator backup, and fail-over to another facility in another geographic region in the case of disaster. PerfectMind characterizes their product as Platform as a Service (PaaS) which generally offers program customization for each customer (and their demo specifically addressed program customization and the costs associated). The Village specified Commercial

 Page 1 Off-The-Shelf (COTS) software, and is not interested in a solution which requires custom programming.

SaaS is also suited to software which has increasingly become customer-focused. Approximately 85% of our registrations are done over the Internet, so a system that is always on and always available is fundamental.

Because of the limited number of qualified vendors of recreation management systems that can handle an operation of our size and complexity, a subcommittee of Recreation Department and IT staff met to identify the qualities we depend on in the current system and provide the department with a direction for the future and establish criteria for the selection of a preferred vendor to provide a new recreation management system.

In order to determine the quality of vendors providing this type of software, a request for proposal (RFP) was conducted in March and April 2018 (see attached). Village staff, in partnership with representatives from the Village’s Technology Advisory Council and the Communications Advisory Council, developed a thorough RFP that was sent to five (5) vendors identified through the Westchester Recreation and Park Society and the National Recreation and Park Society, posted to Bidnet, and the Village web site and four (4) responses were received by the April 20, 2018 deadline.

Among the important items for the Village were the following:

 Commercial off-the-shelf (COTS) solution  Fully browser-based with no third-party tools necessary  Import of historical data (individuals, families, pictures)  Method to verify residency from GIS or other rules  Ability to enforce pre-requisites, waive them for wait-list  Ability to manage waivers and track waiver requests, electronic signature, upload forms, waivers, insurance, health, birth certificates (document management)  Link transactions automatically to the Village’s general ledger

Of the four (4) RFP’s received, two (2) RFP responses were removed from consideration. The Active Network’s proposal cost was far outside the range of the others, and outside the Village’s budget. Capturepoint lacks critical functions like the ability to upload documents, social media integration, league scheduling, and is fairly small at 20 employees.

Two demonstrations were conducted by each of the two (2) providers that the Village determined were responsive and within budget. CivicPlus and PerfectMind provided a live demonstration via conference call on Friday, May 18, 2018. Both vendors were asked to supply a demonstration environment for staff and selected residents to test the customer-facing interface with a small subset of scenarios (a “sandbox”).

 Page 2 CivicPlus gave Village staff “back-end” access, i.e. staff access, to build the testing environment and experiment with different ways of implementing waivers, prompts for information, and linking pre-requisites. PerfectMind set up their own test environment, but it was never functional despite repeated requests, and this exercise was marked as a fail by June 18, 2018. Four residents were asked to test the customer-facing interface, and we received a response from one on CivicPlus who stated the CivicRec platform seemed pretty easy and self explanatory. The resident also liked that she could see what she had registered for in the past as well as a preview of events and programs are coming up in addition to each family member having the option of their own log-in and filter features to find particular programs.

FINANCIAL ANALYSIS

ACTIVE Network charges a license fee of 2.52% of gross revenue, all transactions processed through the system, which is estimated at $3 million or $75,600, although the projected cost is a little higher. CivicPlus has told us separately they charge 1.25% but their projected cost is a little lower.

Vendor License Fee Credit Card Base CC Year 1Year 2Year 3Year 4Year 5 ACTIVE Network 2.52% 3.00% ‐ 86,976.25 86,976.25 86,976.25 86,976.25 86,976.25 CivicPlus, Inc. #N/A 3.00% 0.30 44,437.00 31,250.00 31,250.00 31,250.00 31,250.00 PerfectMind #N/A #N/A #N/A 55,600.00 25,500.00 25,500.00 25,500.00 25,500.00 Capturepoint #N/A #N/A #N/A 25,293.00 12,243.00 12,243.00 12,243.00 12,243.00

A $3,600 annual increase in credit card processing fees is forecast with the change from CLASS to CivicPlus which is approximately 12,000 transactions at an additional $0.30 each. An import consideration is that CivicPlus is the only vendor that offers to settle credit card revenue by check. Both the Village Attorney and Village Treasurer are reluctant to offer ACH (electronic) settlement directly to Village bank accounts.

REFERENCES

CivicPlus provided three (3) municipal customer references to which the Superintendent of Parks, Recreation and Conservation spoke to regarding their implementation process and overall satisfaction of the CivicRec platform. Of the three (3) municipalities, two (2) had previously used the aforementioned CLASS from TAN and both stated CivicRec was an upgrade and a significant improvement from CLASS. All three (3) reported the platform as easy to use, both by staff as well as residents and that they receive a lot of compliments of the service offered especially pertaining to the online registration services and two (2) stated they were extremely happy with their customer service and technical support. Additionally when asked if they needed to go through the process of Recreation Management Software selection again would pick CivicRec, all three (3) representatives responded with an emphatic “yes”.

RECOMMENDATION

After reviewing the four (4) proposals, conducting live demonstrations of two (2) products and evaluating their customer interface, and checking references, staff recommends that CivicPlus,

 Page 3 Inc., 302 S. 4th Street, Suite 500, Manhattan, KS 66502, be selected as the preferred vendor for the provision of a new recreation management software system.

SPRC and IT staff met with the Information Technology Director, Chris O’Brien to discuss the software needs of the department and review the various software systems and SPRC staff recommendations. After conducting this meeting, the Village’s IT staff was supportive of the staff recommendation and agreed that CivicPlus, Inc. would best serve the department and the community.

A product and services agreement was negotiated with CivicPlus, Inc. and the Village. Wayne Esannason, Village Attorney reviewed the contract and asked for several changes, most notably in the payment schedule for first-year implementation. 50% of the first year fees are now due after phase 3, after setup and training, with the balance due after system launch. The agreement is attached for your information.

Based on the above recommendation, I have prepared a resolution authorizing the execution of a professional services agreement with CivicPlus, Inc. for the provision of a new recreation management system. I request it to be on the agenda for the July 10, 2018 meeting of the Board of Trustees.

IMPLEMENTATION

It is anticipated that the staff training for the new software will be held in September and October 2018. Full implementation and go-live is scheduled for November 1, 2018.

For your information, I have included some more specific information on the CivicPlus software, its features and how it will be used by SPRC.

FEATURES OF CIVICPLUS CIVICREC SOFTWARE

ONLINE REGISTRATION

The SPRC has offered online registration since 2010, but the Active CLASS user interface has been difficult to use and prompted many residents to call the Village for assistance. Despite that, Scarsdale has one of the highest usage rates of our online site, at 85% of all transactions.

CivicRec is easier to use, and responsive to the device the customer wants to use (smartphone, tablet, laptop, PC). About 1/3 of our web site visitors use a mobile device, and that will only increase. CivicRec allows thousands of recreation participants to view, register, and pay for the department’s 200+ activities any time, from any device, at any time, anywhere in the world, safe and secure.

CivicRec’s customer integration doesn’t stop at the confirmation email. Residents can track programs and activities by calendar for an individual or the whole family. Social media integration allows a resident to post that they’ve signed up for a program, with a link back to the Village’s site so their friends can sign up for the same program.

 Page 4 CivicPlus is a company incorporated in the state of Kansas in 1998. The Village selected CivicPlus to redesign and host the Scarsdale web site in 2016, a successful project and collaboration that continues today. CivicRec is a product formerly known as Rec1, and it runs agencies like the City of Ann Arbor, Michigan, the City of Anaheim, California, and the City of Tallahassee, Florida.

Application Services

 CivicRec is entirely browser-based, and uses responsive design, both for residents and staff. This assures users the same experience no matter what device they use.

 CivicRec provides standard help desk hours of 7 AM – 7 PM Monday through Friday, with emergency support offered 24/7. A toll-free number and online chat support, as well as an online support system for users to submit software issues or request enhancements is included.

 CivicRec offers its own payment processing mechanism for all over-the-counter and Internet transactions, with settlement by check to conform to the Village’s financial control policies.

 Customers are not charged for upgrades or full version releases, including platform changes.

 Page 5 Village of Scarsdale, New York Recreation Management System Updated June 19, 2018

Presented by: Jillian Algiere, Account Manager 302 South 4th Street, Suite 500 Manhattan, Kansas 66502 June 19, 2018 | April 20, 2018 888-228-2233

Brian Gray, Superintendent Department of Parks, Recreation and Conservation Village of Scarsdale 1001 Post Rd Scarsdale, NY 10583

Re: Recreation Management Software

Dear Mr. Gray:

Our mission at CivicPlus is to help local government work better. Local governments are continually being asked to do more with less. Technology can be the solution, but complicated applications can cause more issues than they solve. The CivicRec Recreation Management System is both comprehensive and easy-to- use to encourage citizen engagement in your park facilities and recreation activities.

Because Scarsdale has unique values and goals for reaching out to your community, such as tennis court reservations, adult and youth sports activities, and annual pool passes, the CivicRec RMS will be tailored to meet your specific needs. By partnering with CivicPlus, you’ll receive:

Unlimited user licenses

Access to all CivicRec modules

Ongoing software updates

24/7/365 support with secure hosting

With the CivicRec Recreation Management System (RMS), your staff will have an easy-to-use suite of cloud-based tools that will simplify the way your staff works while creating an engaging experience for your citizens.

A Scarsdale and CivicPlus partnership will save you time and money with a solution for your community to find what they need, when they need it.

Sincerely,

Jillian Algiere Jeff Logan Account Manager Vice President of Sales [email protected] (Authorized to Bind) Direct Line 785-370-7785 Table of Contents

1 Technical Requirements

20 Management Requirements

30 Supplier Qualifications & References

33 Vendor Section

47 Pricing Section

54 Appendices Technical Requirements

1 E. Application Requirements

1) Regulatory Compliance

Standard Yes No Comment (a) System shall have flexible CivicRec is certified as PCI SAQ-D (Service Provider) security features that allow for compliant. While CivicRec has not been certified as compliance with HIPAA, PCI and HIPAA compliant, CivicRec makes every effort to other state and federally meet these needs throughout the solution. As a rule, X mandated statutes and CivicRec would not recommend the storage of any regulations. information the Village would consider as sensitive information for the security of users’ information.

2) I.T. Requirements

Standard Yes No Comment (a) System shall provide acceptable performance for end users over 50 Mbps internet links. X

(b) System shall include the ability While CivicRec does not offer the Village the ability to import historical data including to import their own historical data, CivicRec has photos and family information developed custom data import scripts that allow for from existing SQL based X importing information from the Village's previous application or properly formatted solution. This does not include the ability to import CSV or XML file. photos, all information must be in XML file format. Please see proposal for additional information. (c) System shall use industry- standard strong encryption for all communications from clients to X system. (d) Does your solution use a client other than a web browser for any software component in this CivicRec is completely browser based. All browsers proposed solution? If web based, X are supported. what major browsers and versions do you support? (e) If you use client software other than web browsers, describe the requirements and options N/A N/A N/A, CivicRec is a SaaS. available for client deployment and update. (f) System shall support appropriately configured

Windows 7 32-bit, 64-bit, X and Windows 10 systems. (g) Describe your requirements for Remote Access during implementation and post- N/A, CivicRec is a SaaS and is completely browser implementation, as well as the N/A N/A based. provider/software used for Remote Access.

2 (h) Are all reporting and query functions fully integrated with the system? X

(i) Do any reporting or query CivicRec provides its own proprietary reporting tools. functions require third party tools Staff can use thousands of filters available to help to function? If so, identify all X customize and create reports as needed. Reports can third-party tools that are also be emailed, scheduled, and saved for future use. required. (j) Do you recommend any additional third-party tools for reporting and query? If so, please X identify.

(k) Are there any additional third- Because CivicRec is a SaaS, it is completely browser party tools required or based and can be run without any additional recommended for any hardware if desired. We understand the Village may components of your solution? If X choose to work with additional hardware like receipt so, please identify. printers, thermal printers, card swipes, barcode scanners, etc. and CivicRec is happy to make best practice recommendations if needed. (l) Have you migrated historical CivicRec has provided this service for dozens of data from CLASS for any of your current clients that have come from using CLASS other clients? Please list the prior to joining the CivicRec family. While we have clients for which such a migration X provided references already as requested, we are was performed. happy to provide additional information for the dozens of other departments as needed throughout the review process. (m) Does your system integrate with our web site provider, Civic Plus (for example, single sign-on, Yes. CivicRec is a product of CivicPlus with many mailing list integration, common additional integrations being developed throughout search indexing)? If so, please X the remainder of this year and into next year the describe the nature of the Village will benefit from. integration and list the Civic Plus clients for whom you’ve developed these interfaces. (n) Please describe your approach to maintaining data security and privacy, including insurances or other provisions to protect the Please see attached proposal for additional Village from any claims arising X information to maintain judicious use of this table. from an accidental or malicious data breach. Attach pages or sections of standard contracts as needed.

3 3) Software Licensing & Users

Question Answer (a) Describe the licensing model your company uses in detail. Is this model by seat for each module? Or is it an CivicRec provides all its clients an unlimited concurrent enterprise model? Are there any user license. This includes all modules and functions as well limitations or licensing tiers based on the as all future releases and updates at no additional expense. number of staff users or the number of customers?

4) General System Requirements

Standard Yes No Comment (a) System shall have the ability to change terms, conditions and fees of memberships systematically X based on policy, which is subject to change. (b) System shall have the ability to retain all records for a X minimum of 5 calendar years. (c) System shall be designed as a multi-user system. System users shall be required to login once and have access to all areas X assigned to them based on their access rights. (d) System shall have an easy setup to manage multiple levels of user X groups and permissions. (e) System shall have the ability to create, copy and modify user X groups. (f) System shall have the ability to retire, disable, and archive users. X

(g) System shall have the ability to setup Manager/Supervisor X override for specific actions. (h) System shall lock software after a designated time period of inactivity, managed through X administrative controls. (i) System shall have the ability to track the history of all operator changes on customer account. X Date, time and event.

4 (j) System shall have the ability to collect all customer data including, but not limited to: name, age, gender, birthdates, address, zip X code, multiple email addresses, multiple phone numbers and emergency contact information. (k) System should have the ability to hide certain customer data fields such as bus route (at times X that information may have lapsed and is no longer accurate). (l) System shall have the ability to monitor for duplicate membership X enrollments. (m) System shall have the ability to assign membership/ID packages and generate passes to X individuals, families, and organizations. (n) System shall have the ability to restrict certain activities to only those customers who have a particular membership (e.g., allow a full access adult membership to X enter all pools, yet a limited access adult membership to recreation centers without pools). (o) System shall have the ability to input attendance data for previous days (e.g. if there is a lost CivicRec does provide the ability to produce printed connection for an extended X attendance sheets, but CivicRec requires an internet period, attendance can still be connection for managing processes as described. inputted into the system for those days without connectivity). (p) System shall have the ability to scan attendance on a daily basis. X (q) System shall have the ability to restrict validity of membership to a certain facility or group of X facilities. (r) System shall have the ability to display the current membership/ID pictures/bar X codes and membership expiration during card scan. (s) System shall allow the use of alternative options for membership tracking, such as plastic key fobs or smart phones. X System shall have full bar code scanning and/or magnetic stripe scanning capabilities.

5 Barcode/magnetic stripe scanning shall retrieve customer information instantly. (t) System shall have the ability to enforce the minimum and maximum age and grade X requirements that are required for a client to register for a membership or activity. (e.g., youth /child 0-12, youth 13-17, young adult 18-24, adult 18-61, senior 62-up & grades K - 12). (u) System shall have the ability to handle a number of validity options for expiration dates including a fixed number of calendar or business days. (e.g., valid for the next 90 days) as well X as fixed date ranges (e.g., Sept. 1 to Dec. 31) or specific time periods (e.g., weekly, biweekly, semimonthly, monthly, semiannually, annually). (v) System shall take a clear picture CivicRec does not provide hardware to clients, but of the member during registration the CivicRec system can produce membership cards and print this image with bar code X as described assuming the Village has hardware in and Village brand on a standard place. PVC identification card. (w) System shall have the ability to show a caution/valid/stop screen or similar, based on membership status displayed on screen after swiping of the magnetic strip or X barcode on a membership/ID card or key fob. Alternative methods will be accepted. (x) System shall have the ability to enforce suspensions or revoke a X member's membership card. (y) System shall handle all aspects of the card production process CivicRec does not provide hardware to clients, but including maintaining customer the CivicRec system can produce membership cards data, capturing digital images, X as described assuming the Village has hardware in encoding magnetic stripes and/or place. smart cards, and physical printing of the cards themselves. (z) System shall have the ability to CivicRec does not provide hardware to clients, but produce custom branded the CivicRec system can produce membership cards templates for all membership/ID X as described assuming the Village has hardware in cards including staff ID cards. place. CivicRec does not include a Staff Time tracking module.

6 (aa) System shall have the ability to create a unique identifier X for each member. (bb) System shall have the ability to use family tracking. X (cc) System shall have the ability for adding multiple family members under one family X designation and the ability to track transaction history for the family. (dd) System shall have the ability to track ID membership X cancellation reasons. (ee) System shall have the ability to access a central customer database by an individual full name, address, account number, X telephone number or email address. (ff) System shall have the ability to track all membership information, such as sales, expiration dates and X suspensions by a manual lookup or reporting. (gg) System shall have the ability to issue and track day passes. X (hh) System shall have the ability to track adult guardians or parents of children during afterschool X drop off and pickups. (ii) System shall have the ability to utilize one membership/ID card for multiple entry points, such as X recreation centers, Tennis courts facilities, Pool facilities. (jj) System shall have the ability track non-member guest entries X for reporting. (kk) System shall have the ability to access real time member data from any web connected device, such as a laptop, tablet, smart X phone or smart watch via a web connected customer portal. (ll) System shall have the ability to have high level administration features for registration management (e.g. ID number X assignment, ID number length, tracking and monitoring cancelled or suspended memberships).

7 (mm) System shall have the ability to allow members to apply payments for other member CivicRec's third party billing options should serve to purchases and keep records of X meet this need. these transactions (e.g. one member pays for another member’s activity or program). (nn) System shall have the ability to import custom CivicRec allows for the uploading of images/logos for images/branding to software X use throughout the system. printouts, membership cards etc. (oo) System shall have the ability to sell tickets for events or special CivicRec provides its own proprietary ticketing functions which can then be X solution which provides barcoded and customizable tracked at the point of sale and tickets for General Admission ticketed events. when scanned in. (pp) System shall have the ability to utilize a robust reporting tool, with both standard and ad-hoc X reporting. (qq) The system should have a method to track and verify residency within the Village and local school districts. Should be able to import data that is exported by the Village’s GIS in X CSV or excel format. Rules established must have the ability to be modified depending on the program and location. (rr) System shall have the ability to While CivicRec does not provide translation tools, the easily translate into different Village would benefit from using Google Translate on languages (e.g. using google X all pages as described. translate or comparable system). (ss) System shall have custom report formats/outputs to facilitate Catalog exports are available through CivicRec via X printed program guides. plain txt, xml and Adobe InDesign. (tt) System shall have a calendar of events for both program CivicRec's event calendar view for public viewers is management and public with especially useful for managing registrations and customizable views for family or X reservations which can be exported to users personal registrant specific criteria and with devices via Google, Outlook and iCal. links to register for specific programs. (uu) System shall have the ability CivicRec would recommend coordinating trips using to create/export all applicable Prompts associated with the activity registration. This bussing information needed would then allow for reporting tools to help manage including track/notify participants X this information for each user associated to programs by bus number or route and have as described. access to e-mail/text emergency contacts.

8 (vv) System should have the ability to integrate with social media Facebook, Instagram, Twitter, Google+ platforms (please list those X supported and the nature of the integration), (ww) System shall have the ability With CivicPlus, it's in our DNA to create an elegant to adopt Village branding experience for the public. Some of the other including but not products that are older, or are intended for other limited to logos, color palettes, industries, don't place the emphasis we do on the fonts, and images. X citizen experience. Public users have grown to expect a level of sophistication in the products they interact with and we believe our clients are able to provide that same level of sophistication.

(xx) Does system integrate with CivicRec provides its own proprietary League team scheduling and Management tools for staff and public user management apps such as experience (Draft, Scheduling, Communication, TeamSnap and SIPLAY? X Individual and Team Registration, and much more).

(yy) Please provide a three-year CivicRec would consider this to be proprietary product roadmap. information in an open bidding environment. Should Scarsdale elect to continue working with CivicRec through the demonstration phase we're happy to N/A provide additional information around CivicRec's roadmap. All clients have access to the Roadmap and are invited to actively participant in recommending solutions for CivicRec moving forward.

(zz) System should be able to have one or more pre- requisite permits, passes, programs, or activities before allowing a customer to register for a program

(e.g. a Tennis Pass is required to X sign up for a Tennis Lesson). These pre- requisites should be obvious to both staff and to customers online. (aaa) System should be able to waive pre-requisite if customer is on a wait-list but enforce the pre- requisite if the customer is allowed X to enroll (e.g. a Tennis Pass is not required to be on the wait list for a Tennis Lesson).

9 5) Program and Activity Class Registration Requirements

Standard Yes No Comment (a) System shall have the ability to create recreation or similar X programs and class activities. (b) System shall have the ability to search by activity numbers, name X or part of a name for enrollments. (c) System shall have the ability to link created programs and class activities to specific sites or X locations. (d) System shall have the ability to report on programs or class activities independent from X individual sites. (e) System shall have the ability to track and manage all program enrollments, including wait lists X (subject to varied views for public and back end). (f) System shall have the ability to have a full keyword search function for current program features for the public. X

(g) System shall have the ability to link instructors to activities and provide communications with X participants via text and e- mail. (h) System shall have the ability to allow instructors to access their own class rosters. X

(i) System shall allow instructors to view classes they teach, see how many are enrolled, print X rosters, etc. (j) System shall have the ability to manage families for registration into activities. X

(k) System shall have the ability to manage individuals for registration into activities. X

(l) System shall have the ability to manage groups with main contacts for programs and X classes.

10 (m) System shall have the ability to collect group names, email and home addresses, phone numbers, age of kids in the X group, any special needs etc.

(n) System shall have the ability to manage waivers for registration activities (e.g. parent consent forms, medical waivers). This includes health assessment forms for summer camp and must have the ability to print appropriate X forms and set prompts to verify all information. System should also produce summary sheets for classes that display medical problems, allergies, etc. (o) System shall have the ability to track waiver requests via a quick X list or reporting. (p) System shall allow tracking and flagging a contact that hasn't paid for a given amount of programming from scheduling X programs in the future.

(q) System shall have the ability to manage deposits directly into customer accounts or X organization accounts which may be used for enrollments. (r) System shall have the ability to create and enter fee rules on X programs or activity classes. (s) System shall have the ability to retire and/or hide activities. X (t) System shall have the ability to cancel activities and send an email and/or text message to all X registered participants. (u) System shall have the ability to open/close activities. X (v) System shall have the ability to copy activities. X

(w) System shall have the ability to check age during X enrollment.

11 (x) System shall have the ability to monitor for duplicate class X registration enrollments.

(y) System shall have the ability to manage quantity based X enrollments. (z) System shall have the ability to utilize an activity numbering system, which may be unique to X individual locations.

(aa) System shall have the ability to enforce a maximum and minimum requirement for X enrollments. (bb) System shall have the ability to manage enrollee transfers to other activities. X

(cc) System shall have the ability to manage all types of cancellations. X

(dd) System shall allow individuals to request a date, time, and location for special programs, X with confirmation via email or text message.

(ee) System shall allow individuals to register for a certain time slot available on a calendar (e.g. X tennis, swim lessons).

(ff) System shall have the ability to close registration to participants by date or maximum class size. X

(gg) System should have a CivicRec's surveying tools will prove especially method that allows for program X helpful. and instructor evaluations. (hh) System should include a method to share information with X social media (ii) System shall have online built- in waiver functionality, such that customers have to click on "accept" in order to continue X with the transaction, and this should be recorded as an electric signature.

12 (jj) System should give the Village the option to upload or create specific forms that may be required such as, but not limited to, waivers, insurance, and health forms or program specific forms such as birth certificates. X The forms should be available to print and have some mechanism to prompt program administrators to verify all information. (kk) System should not limit the CivicRec is proposing an unlimited concurrent user number of users accessing the X license. same database at a time. (ll) System should offer various calendar viewing options for X facilities. (mm) System should have the ability for customers to opt in or X opt out of mailing lists. (nn) System should have the ability for staff to manage X subscription lists. (oo) System shall have the ability to offer instructors and/or coaches access to rosters and ability to track attendance with X access to the email/text message notification system. (pp) System shall have the ability to export all related seasonal program/class information to a CivicRec makes catalog/brochure exports available customizable Word, Publisher, or using XML, plain txt and Adobe InDesign. PDF document in a brochure-like X template to be used for our brochure printer for our Village of Scarsdale Recreation Program Brochure. (qq) System shall have the ability for customers to browse the current recreation brochure in its X entirety and with filters.

13 6) League Scheduling

Standard Yes No Comment (a) System shall provide scheduling of any number of leagues with normal regular X season. (b) System shall have the ability to cancel games, and then X reschedule. (c) System shall have the ability to identify any facility conflicts during X the scheduling process.

(d) System shall have the ability to enter/post scores of games/contests which automatically X updates league standings.

(e) System shall allow for the This is currently under development and will be creation of tournament brackets at available once completed at no additional cost to the the end of the regular season X Village. based on league standings. (f) System shall have the ability to print team schedule. X

7) Brochure

Standard Yes No Comment (a) System should have the ability to export programs and activities, including detail information such as title, date(s), description, ages, grades, class sizes, a hyperlink X and other pertinent information for the purposes of further formatting into a printable and hyperlinked PDF brochure.

(b) System should have the ability to provide an interactive online brochure that is customizable, X filterable, and searchable.

14 8) Bussing

Standard Yes No Comment (a) System should have the ability to report on a daily basis While CivicRec does not have a bussing specific individuals on each bus route, by module, several tools available should serve to help program, by route, or by X meet these needs. customized filters such as medical information. (b) System should have the ability for customers to request a bussing change for a particular X day online through their account, and that request notifies staff.

(c) System should have the ability to alert parents by text message While CivicRec does not have a bussing specific or email of any changes or module, several tools available should serve to help X delays, by route, by program, or meet these needs. other customized filter.

9) Reporting

Standard Yes No Comment (a) System should have the ability to print bus route passenger list by location (AM and PM), campers list by camp, campers list by area, campers list with medical X forms per camp, campers list by age and grade, campers attendance list, campers list with bussing. (b) All campers reports should have the ability to include phone numbers and email addresses (if X recorded). (c) All program, league, membership, and permits reports should have the ability to include email and phone number(s), sorted by area, in order of X registration date, with fees, and how the customer registered (online or over the counter). (d) System should have the ability to generate these standard X reports: (1) Account Lists X (2) Accounting X

15 (3) Accounts X (4) Facility X (5) Facility List X (6) Financial X (7) League Lists X (8) Leagues X (9) Mail Merge to Labels or Letters X (10) Membership List X (11) Memberships X (12) Payment Processing X (13) POS Inventory X (14) POS Lists X (15) POS Sales X (16) Program Lists X (17) Programs X (18) Receipts X (19) Rentals X (20) Staff X (21) System X (22) Field Usage X

16 10) System Financial Requirements

Standard Yes No Comment (a) System shall have the ability for a general ledger module. Shall link revenue to G/L X accounts. (b) System shall have the ability for an accounts payable module. X (c) System shall have the ability for an accounts receivable X module. (d) System shall have the ability to track, retrieve and produce reports of account information according to the Recreation Budget office X specifications. This includes the ability to deposit into different budget lines and account codes. (e) System shall have the ability to use G/L accounts for financial tracking and reporting. X

(f) As revenue is tracked and transactions are processed, the revenue generated shall be linked X to unique general ledger codes.

(g) Revenue from any module shall be associated with any G/L X code in the system. (h) The system shall have the ability to enter, view and print activity and change data that is restricted X by access rights set only by the database administrator. (i) System shall operate in a "real- time" mode. e.g., upon the completion of a membership/ID registration- the roster, membership history, cash journal, X general ledger, billing information (if applicable) and activity financial status shall all be updated. (j) System shall allow the ability to balance (cash out) by user, cash drawer, location, any date range, any time range, by module, by X general ledger account number, by payment method, or for the entire system.

17 (k) System shall have the ability to process full payments, partial payments, payment schedules, reduced payments, such as, but X not limited to, financial aid, credit on accounts, payments from other customer accounts. (l) System should be able to email, print, and digitally retrieve receipts for any and all types of payment or X account credit. (m) System shall have a full accounting audit trail that shows (for any given date or date range) who made a particular accounting X transaction, what the transaction was, and where it was made. (n) System shall have the ability to generate a report of all refunds by program and a specific date range. X

(o) System shall have the ability to generate and print an account balance statement upon X customer's request. (p) System shall have the ability to accept administrative & Credit Card charges for cancellations, X withdrawals, lost membership ID cards, etc. (q) System shall have the ability to process refunds. X (r) System shall have the ability to process voids. X (s) System shall have ability to track financial adjustment reasons on customer/organization accounts. X

(t) System shall have the ability to auto invoice for any unpaid programs, classes or field ISO’s X usage through email etc. (u) System shall have the ability to update financial programming X centrally.

18 (v) System should have the ability to accept multiple payment options, such as credit cards, debit Contactless Payment types and NFC are not currently cards, money order, personal X supported. checks, EMV and future alternative payment methods (e.g., contactless payment types, NFC). (w) System shall have an integrated online payment module to handle credit card, debit card, and E check transactions performed on CivicRec has identified Converge and Authorize.net the Recreation website. This online as preferred merchant options and is happy to payment module must successfully provide integration during project as needed. Please integrate with the official Village of X see pricing proposal for fees associated to this Scarsdale Authorization services development. and Merchant Account services.

Supplier gateway should be certified on the Elavon or can process through the Converge or Authorize.net gateway. (x) System shall be able to produce branded customer X invoices and/or statements (y) System shall have shopping cart functionality to bundle multiple transactions under a single X payment (z) System shall have the ability to manage a full payment processing rule-set for program and activity X class enrollments and accept transfer payment.

(aa) System shall have the ability to utilize installment billing, reverse transactions or registrations. X

(bb) System shall have the ability to upload daily revenue by CivicRec has provided data extracts for several Tyler revenue code and G/L account Technology Accounting solutions and is confident we into the accounting software Tyler X will be able to provide. New World Systems “Logos.”

19 Management Requirements

20 Project Manager and Implementation Schedule

III. Management Requirements

A. Project Plan, Implementation Schedule and Support 1. Project Manager and Implementation Schedule

Standard Comment (a) Supplier shall assign a project manager to With more than 250 experienced employees handling develop a project plan and project schedule, our projects, CivicRec has the depth of staff and and arrange for supplier resources to meet commitment to complete this project within budget and project milestones. on schedule. CivicRec’s project development approach has been proven successful in the launching of over 2,500 government-related websites. As a part of that successful process, your individual, dedicated project manager and team members will be determined just prior to kick-off, so we can be sure they will be available to begin your project immediately and work directly with you throughout the entire process. This process helps ensure we deliver the attention and effort you need and deserve to create a website that achieves your vision of success. (b) Supplier shall submit a proposed project plan and project schedule attached Please see proposed project plan and schedule to this proposal. attached.

Proposed Project Plan

The following is a simplified, example project plan. A typical CivicRec implementation averages 16 weeks. Scarsdale’s specific timeline can be affected by different training or integration needs as well as your own schedules and availability. However, upon determination of your final scope, we will be able to disclose a complete and more detailed project plan specifically tailored to you.

Kick-Off

Project Kick-Off Meeting Your Implementation Consultant will establish your project schedule and coordinate communication channels and meetings with your staff and your Implementation Consultant

Phase 1

Round 1 Client Deliverables Due Configuration Training Payment Gateway Information Training Sessions

Phase 2

Round 2 Client Deliverables Due CivicPlus Public Page Build Facility & Activity Import CivicPlus will create the public page view to ensure it has the same look and feel of your current website & complete round 2 imports

Phase 3

Facilities / Activities Training POS Training Training Sessions Training Sessions

Phase 4

Client Catalog Build Due Catalog is fully built with all desired facilities and activities

Phase 5

System Preparation For Launch Go Live & Sign Off Project check in meeting to discuss preparation for New CivicRec product goes live, client introduced to Go Live, go over items that were imported, verify Account Manager payment gateway, and public page setup

22 Project Approach

Implementation Consultant

Scarsdale will be assigned an Implementation Consultant who will work closely with you throughout the entire project deployment process. Your Implementation Consultant will act as a liaison between you and CivicRec, ensuring that milestones are met, status calls are conducted, issues/considerations are addressed, and startup is a painless process. Phase checklists as well as a detailed project plan will be utilized to facilitate project activities and track milestones.

Your Implementation Consultant will be available to offer guidance and best practice guidelines for operating the CivicRec RMS. Our Implementation Consultants have assisted hundreds of clients in configuring their systems. They are often able to share tips and advice on how to make CivicRec work more efficiently for our clients and their public.

Project Timeline

CivicRec can begin your project as soon as contract signature is complete. The start date is driven by your preference, and specific dates will be added to your project plan after final scoping. Implementation is not complicated with our comprehensive base products and minimal customization requests.

If you have implementation, training, or integration needs that require a longer timeframe, we’re happy to adjust accordingly. These customizations, as well as your own scheduling needs, will factor into the final implementation schedule and may extend your Go Live date.

During the implementation period, Scarsdale and CivicRec will work together to import and/or configure production data, develop and test integration to third party systems, and complete system training with your lead and frontline staff. You will also have begun your marketing promotion for the new site and online registration. After front line training is complete, CivicRec will complete a final data import (if required) and you will check to be sure the site is fully configured and ready for launch. Once you have indicated a Go for launch, you will place a new link on your site which will redirect your customers to CivicRec. During this time, CivicRec is available to be on site with you or can be available remotely for immediate assistance should you desire.

Data Imports

CivicRec will import content from your current database, including future bookings and active memberships. Included in Scarsdale’s project are the data imports for users, memberships/passes, activity/session, location/facility, future facility, GIS/residency, GL code/description, activity roster, and balance/credits. CivicRec will import such data to your new RMS, leveraging our custom developed scripts and libraries.

23 Project Approach

Training Plan

We recommend a train-the-user approach in most cases with hands-on training for participants. Users learn the system much more quickly when they’re entering actual data during the training sessions. CivicRec offers web-based training as well as on-site training.

12 hours of web-based training is estimated for this project. The specific training plan will be customized to meet your specific needs. We typically break training up by our modules (Registration, POS, Rentals, Reporting, etc.). Sometimes a client may instead ask for training according to job role, which can easily be done. Classes with more than 20 users tend to lose their effectiveness. We will also make sure any of your last minute questions are answered before Go Live.

Note: We do not offer system administrator training as a separate item as it is included as part of our system development and implementation.

24 Optional Project Enhancements

Integration Development

CivicRec has developed integrations with a variety of parks and recreation related software systems. There are several integration capabilities that Scarsdale may choose to leverage. Integrations may require additional discussion and scoping. Since integrations can require custom development time, additional fees may apply.

CivicRec can provide integration to your selected payment gateway (for credit card processing).

CivicRec can also produce a GL extract compatible with your financial system. We have interfaced with a number of different systems and are confident that we can produce a file compatible with yours.

CivicRec can integrate with GIS systems for purposes of local resident determination.

System Customizations

CivicRec is ready to go off the shelf. In some situations, our clients have asked for either software enhancements or for custom code specific to their needs. If customizations are requested, we will work with you to fully understand your requirements prior to beginning work. Once scope and price have been agreed upon, our staff will begin your custom project. If you wish to test the custom code changes, then we will provide a testing environment in which you can review the new functionality and provide sign-off prior to moving the code to production.

25 Your Role

CivicRec will work with a single point of contact from Scarsdale. You should consider the following roles for a successful implementation team.

Role Responsibilities

Project Executive Provides focus and guidance for the overall project. Helps to prioritize key objectives, assists with issue escalation, and acts as project champion.

Project Manager Works closely with the CivicRec Implementation Consultant to facilitate the execution of project activities and logistics. Organizes training for recreation staff, front desk, supervisors, and managers.

Lead Staff Activity managers and facility managers within parks and recreation who will be doing the primary configuration and setup within the CivicRec system.

Frontline Staff Acts as end users of the system and will participate in end user training sessions.

Information Coordinates with CivicRec on any technical aspects of the system and Technology transfer of data.

Finance Coordinates the payment gateway integration and works with CivicRec to properly configure the necessary accounting setup.

Marketing Identifies and communicates rollout and adoption process both internally and to the public.

26 Support, Service and Disaster Recovery

2. Project Manager and Implementation Schedule

Question Answer (a) What are your standard help desk hours in 7am – 7pm Eastern Standard Time eastern time? (b) Please provide a copy of your Service We do not have a dedicated Service Level Agreement Level Agreement (SLA) as a separate for our CivicRec solution. attachment.

(c) Please describe the options and Our primary hosting facility is a Tier II data center services available for disaster housed in one of the key fiber transit buildings for recovery. Kansas City. The facility is of a redundant design in terms of infrastructure, network and servers, meaning multiple internet providers and power sources to prevent downtime. All the facility’s database and web servers are backed up nightly; all backups are stored securely offsite. CivicRec maintains a “warm” off-site facility for hosting in the event of complete failure of the primary hosting facility. Data housed at the primary facility is replicated at CivicRec’s backup disaster-recovery location daily. During activation of the disaster-recovery plan, the backup facility springs into operation immediately and is fully operational with all hosted sites replicated and online in as little as three hours. (d) What is the procedure, if any, for CivicRec processes standard support requests from 7am- extended hours and emergency support? Is 7pm Eastern, Monday-Friday (excluding holidays). 24x7 support available? Is holiday support Emergency support is offered 24/7. CivicRec will provide available? a toll-free number and online chat support, as well as an online support system for users to submit software issues or requested enhancements. For emergencies, users may either call CivicRec or enter an emergency ticket into the system. Emergency tickets include any CivicRec issue that is causing a disruption to your ability to use our system (i.e., the website is down). These issues are addressed immediately. Additionally, CivicRec is available to be on site with you when needed (travel expenses may be incurred). CivicRec also maintains a product Help Center where users can review articles, User Guides, FAQ’s, and can get tips on best practices. The Help Center is also where we store Release Notes and our community for enhancement suggestions.

27 (e) Please describe which Cloud provider you CivicRec's data centers are in Atlanta (Digital Realty), use, where it is located (city or geographic Chicago (Rackspace), Kansas City (Netsolus) and Phoenix region), and where the disaster recovery site (Codero). (These are our Cloud service providers too) is located (city or geographic region). CivicRec has policies and procedures in place to ensure continuity and disaster recovery. We utilize replicated servers to ensure copies of data, software, and files are always available and up to date. These servers can be rolled over to in the event of hardware failure or other local issues. We also have multi-time per day process that encrypts backups and sends them offsite for purposes of disaster recovery. This process helps to ensure we can reconstitute our entire product and underlying data structure with limited downtime and loss of data...even in the event of a catastrophe.

28 Training, Documentation

3. Training, Documentation

Standard Yes No Comment (a) The bulk of the training can be 12 hours of web-based training is estimated for the conducted via webinar. X Village’s project. (b) System should have extensive, context sensitive built-in help features and a detailed online X manual for all modules. (c) System should have a library of CivicRec maintains a product Help Center where on-demand training videos users can review articles, User Guides, FAQs, available on a support website to X videos, and can get tips on best practices. The customers under a current support Help Center is also where we store Release Notes contract. and our community for enhancement suggestions. (d) System should have a library of on-demand “How To” CivicRec maintains a product Help Center where users can review articles, User Guides, FAQs, documents and FAQ’s available on a support website to X videos, and can get tips on best practices. The Help Center is also where we store Release Notes customers under a current support contract. and our community for enhancement suggestions. (e) System should have either a The Village will have access to a CivicRec sandbox separate training/testing database or environment that will mirror your live portal by allow for staff to hide information including all the same CivicRec capabilities. This from the public-facing site during sandbox can be used as a training venue for your implementation and training. X staff in the future. In addition to training future staff, this sandbox will be available for you to test out new memberships, rentals and functions prior to them going live. (f) Scarsdale may make video and audio recordings of on-site training X and webinars at no extra charge. (g) Has an audit or controls review been performed on the application software by a public accounting firm or other organization? If yes, please X include a copy with your proposal. (h) If the system proposed here or any CivicRec currently utilizes a monthly release portion thereof, is retired and schedule. You can expect to receive an average of superseded by a new product from one new feature per month. We also try to release your company, or a substitute a new major module quarterly. If bugs are product licensed from a third party, identified, those are “hotfixed” into production and the Village of Scarsdale is current and do not await our standard release dates. in support payments, you will provide CivicRec is a SaaS solution and all customers are on the new or substitute product free of X the same code base. Product enhancements are charge. provided on an ongoing basis to our clients at no additional charge. Many, if not most, of these enhancements originated from a customer enhancement request that was applied to the base product and made available to all CivicRec customers.

29 Supplier Qualifications & References

30 Experience and Client List

IV. Supplier Qualifications and References

A. Qualifications 1. Experience and Client List

Standard Yes No Comment (a) The supplier should have three (3) years of experience or more in providing the complete implementation of X recreation/membership management software. (b) The supplier shall submit a full list As a privately held firm, providing a complete client of clients as part of this proposal. list could be detrimental to our business. A client list may be provided upon request later in the N/A process if required.

(c) The supplier shall submit three As a privately held firm, providing financial years of audited financial statements could be detrimental to our business. statements. N/A Some financial information may be provided upon request later in the process if required.

(d) Please indicate the percent and CivicPlus employs over 250 experienced number of staff that is allocated to employees, and over 100 handle CivicRec product sales, support, product development, development and project implementation. CivicRec etc. has the depth of staff and commitment to complete your project within budget and on schedule.

(e) Do you have an active user group CivicRec users hold regular user group meetings in that meets at least once a year? Please Southern California. These meetings are organized supply the contact information for the and conducted by users independently from head of the user group. X CivicRec.

31 References

B. References

Reference One

Name of Organization: Williamson, New York Parks & Recreation

Mailing Address: PO Box 152, 3773 Eddy Rd., Williamson, NY 14589

Telephone & Fax number and email (phone) 585-455-6409 / (fax) 315-589-9485 address: [email protected]

Contact Name and Title: Bonnie Korherr, Parks & Recreation Director

Length of time you have been Since 2017 providing service to this organization:

Reference Two

Name of Organization: Papillion, Nebraska Parks & Recreation

Mailing Address: 145 W 2nd St., Papillion, NE 68046

Telephone & Fax number and email (phone) 402-597-2000 / (fax) 402-597-2080 address: [email protected]

Contact Name and Title: Trenton Albers, Communications Manager

Length of time you have been Since 2017 providing service to this organization:

Reference Three

Name of Organization: Athens-Clarke County, Georgia Leisure Services

Mailing Address: 205 Old Commerce Rd, Athens, GA 30607

Telephone & Fax number and email (phone) 706-552-0529 / (fax) 706-613-3707 address: [email protected]

Contact Name and Title: Stuart Inbody, Finance Administrator

Length of time you have been Since 2015 providing service to this organization:

32 Vendor Section

33 CivicPlus

CivicPlus Communities CivicPlus’ focus to help local governments work better and engage their citizens through their web environment began in 1994 in Manhattan, Kansas, by the owner, Ward Morgan. Icon Enterprises officially became a Kansas corporation in 1998. In 2016, the company was renamed CivicPlus, Inc. We’ve steadily grown over the last 20+ years and our staff of over 250 professionals continue to hone our skills working with municipal organizations across the US and Canada.

CivicRec, a CivicPlus company, has 10+ years of experience and is designed specifically to meet the needs of municipal parks and recreation departments.

CivicRec strives to provide recreation departments and their customers (the public) with a modern, intuitive interface that is powerful, well-managed, and actively supported. Our parks and recreation software has been implemented using hundreds of best practice product suggestions from numerous districts and departments from across the country.

Ultimately, CivicPlus is a company that’s about amazing people doing amazing things. CivicPlus continues to implement new technologies and services to maintain the highest standards of excellence and efficiency for our clients, their 60,000+ internal users, and the 60 million online visitors (and counting!).

CivicPlus also offers solutions to meet your website, human resources, mass notification, and agenda management needs.

Company & Contact Information

Company Founder Contact Information Legal Name Ward Morgan, Owner and Purchasing Jillian Algiere CivicPlus, Inc. Chairman of the Board Account Manager Vehicles [email protected] GSA Contract #: Direct Line 785-370-7785 Primary Office Incorporated in GS-35F-0124U 302 S. 4th Street, Suite 500 State of Kansas TIPS/TAPS Contract #: Manhattan, KS 66502 2092613zz Company Website Toll Free: 888-228-2233 Date Incorporated Interlocal Purchasing www.CivicPlus.com Fax: 785-587-8951 June 1998

34 CivicRec Client Quotes

For participant use, it is the absolute best tool for “them to browse through programs, to register, look at available rentals and to access information about times and locations for all programs.

Carrollton Parks, Recreation, and Cultural Arts Department, Georgia ”

Since we have signed up with REC1 [now CivicRec] “our membership, participants, and activities have grown tremendously. I recommend this product to any recreation department that is looking for a change in software management.

Hurricane City Recreation, Utah ”

We have had nothing but positive feedback from staff “and clients on the ease of registering since making the change two years ago. Again, thank you for all your help and support, and looking forward to the future enhancements as they are released.

City of Kerman, California

” 35 Project Team

An experienced project team will assist you throughout the entire process to ensure your project’s success and your complete satisfaction. Our expert project leaders will coordinate your needs with qualified specialists who will work directly with you throughout your project and beyond.

Landon Schenck – General Manager of CivicRec Landon has over 20 years of software development experience, including developing the CivicRec software from the ground up. Landon manages the product strategy and overall vision for CivicRec and also continues to personally engage with larger customers during their implementation process. Education Resume 15+ Years of Experience BBA in Management Software Developer IT Consulting Information Systems General Manager of Recreation Product Design & Development Software Custom Software Development

Allison Hill – Manager of Implementation Teams Ali leads our Implementation Team. This team oversees all interdepartmental interactions to ensure your staff is excited, your citizens are engaged and your project is developed in a timely manner by professional website experts. Education Resume 5+ Years of Experience BA Psychology Project Manager Project Management 80+ Websites Customer Service Content Developer Leadership

Jim Flynn – Director of Information Security and Infrastructure Jim is a passionate advocate for Information Security and performs a critical role in aligning CivicPlus Security Strategy with the needs of clients like you. He coordinates and manages our in-house experts on the technical aspects of your project. From data center operations to security and compliance, his team will ensure that your hosting and security needs are met. Education Resume 18+ Years of Experience BA Computer Information Chief System Architect Cyber Security Systems Information Technology Network Infrastructure Director System and Software Architecture

Sumre Amerin – Manager of Account Management Upon launch of your project to the public, Sumre will assign you an account manager. Your dedicated account manager is a specialized team member that will ensure you stay current on CivicPlus solutions. Your account manager will partner with you to create an on-going strategy to better engage your citizens by utilizing the tools and products that CivicPlus has to offer. Education Resume 5+ Years of Experience BS in Integrated Services Performance Management Leadership Consultant Customer Service Sales Manager Project Management Process Improvement Constance Huseth – Manager of Client Support Constance Huseth manages the technical support team for all CivicPlus products. This specialized team operates on a 3 tier, product specific, escalation process to report technical issues to the products development team and works hand-in-hand with our Help Center to continually improve online assistance content and best practices information. Education Resume 5+ Years of Experience BA English, Communication Technical Support Specialist Technical Support Documentation and Business Management Communications Manager Team Building Customer Service 36 Features & Functionality

Facility Reservations (Online and In-House)

All facility functions in CivicRec are completely integrated. Generate and email complex permits, schedule programs, take in-house and online reservations, and schedule leagues and meetings - all without fear of double bookings! Grid views and map based bookings also make campsite reservations a breeze.

Master calendar for a quick and easy way to view facility availability

Rentals or admin reservations

Reservations for scheduled activities such as head-to-head league games

Waivers, prompts, and forms

Recurring bookings

Quickly adjustable rentals

Easy and refundable deposit tracking

37 Features & Functionality

Activity Registration (Online and In-House)

Your staff can quickly create programs, indicate flexible pricing, attach waivers and prompts, and assign instructors with the Activity Registration module. Easily take registrations in-house or allow your public to register on the device of their choice, including mobile. Our software utilizes load balanced servers and can be scaled to accommodate any volume.

Merchant account integration

Branded receipts Resident/non-resident determination

Receipts and permits emailed after checkout Online registration page styled to match department website In-house Staff (with permissions) can alter fees, pro-rate, and leave balances Social networking integration

In-house payments can be spread across Pay balances online multiple payment types Volunteer Management

Registrations accepted securely through the web

38 Features & Functionality

Citizen Dashboard / Account Management

With CivicRec, all your citizens’ most important features and tools are just one click away. Our intuitive public dashboard allows access to needed information without searching through web pages or placing calls to department staff. Citizens can conveniently view notifications, inbox messages, and calendars upon logging in, then easily browse and register for programs and rent facilities.

Easy citizen login via Facebook, Google account or email address

Add family or organization account members with age and resident information - makes signing up for activities a breeze

Intuitive user dashboard that shows citizens notifications, upcoming events, and recent registrations

Event calendar syncs all account members’ activities in one place

Viewable transaction history – with access to prior receipts, waivers, tickets, and more

Manage memberships, waivers, and payment accounts

In addition, your staff can manage user accounts in-house. Tools like communication tracking with internal notes and flags as well as duplicate account prevention help keep your staff informed and your system clean and organized.

39 Features & Functionality

Membership Management

Customer Management in CivicRec is particularly easy. Associate photos and avatars with users for use on membership cards and system profiles. Staff can see a history of all of the account’s transactions. Leave credit/debit cards on file for future and recurring payments. Perform other functions like sending invoices, merging accounts, and more.

Easily sell memberships and punch cards, take photos of members, print cards or associate barcode key tags, and check people into a facility. CivicRec will even help you auto-bill your members to ensure everyone stays paid and current.

Point of Sale

CivicRec’s Point-of-Sale screen makes it easy for staff to quickly sell merchandise, enroll participants, and reserve facilities – all in the same cart! It even plugs right in with your cash drawers, barcode readers, receipt printers, and credit card readers. Integrated inventory control will tell you how many of each item are available at each of your locations.

Manage product categories

Flexible pricing

Touch screen friendly

Cash drawer and receipt printer interface

Single checkout experience with program registrations and facility rentals

Multi-level tax support

Tax can be included in the price or tacked onto total

Inventory management

40 Features & Functionality

League Management

Athletics staff can easily create leagues, draft players, assess skills, and generate schedules. Public facing “Scores and Schedules” pages can be linked to directly from your website so that your public always has up to date information about their leagues. Including an exciting “Parent/Player Portal” that will make it even easier for participants to follow their leagues.

Team or individual signup

Assessments

Auto-scheduling with drag-and-drop adjustments

Drag-and-drop drafting

Enter in game results

Schedules, scores, and standings available by link from your website

Ticketing

Easily generate tickets for events either through our desktop or our mobile experience. Public users receive additional pages, along with their receipt, that contain their tickets. Those tickets can then be printed and scanned into our mobile check-in or desktop check-in screens. Public users may also prefer to simply show the ticket code on their phone display instead of printing.

41 Features & Functionality

Mobile Ready

When users register through CivicRec, they get the same great experience on their phone/tablet that they’re used to experiencing on their desktops. The mobile experience supports all the same waivers, prompts, discounts, and add-ons that the desktop version does. We always try to adhere to industry standards to ensure access by all customer populations.

Mobile Responsive

No constant app update or installation

Social networking integration

QR Code Support

Surveys

Participants will automatically receive post-program surveys requesting feedback on your programs, organization, instructors, and processes. This information is captured and is presented back to staff to assist in determining how well your programming is being received.

Email / SMS Blasts

There are several links within CivicRec that allow for mail blasts. Many of our reports and roster views allow for mass mailings with just the click of a button. The People Finder report is a particularly handy report that allows for mailings based on several different filters. SMS messaging has recently been introduced to facilitate those particularly time-sensitive notifications like cancellations.

42 Features & Functionality

Reporting / Financial Accounting

CivicRec has a very powerful reporting engine. There are dozens of standard reports in CivicRec. However, staff can basically take any report and customize it to their liking. Filters can be added and/or removed. Fields can be added and/or removed. Reports can be sorted, saved, emailed, exported, or scheduled for regular delivery to any email address. CivicRec will gladly take any reasonable reporting request from a client and ensure that it is made available as requested.

Over 100 canned reports

Completely customizable filters and report fields

Export to Excel

Quick email capabilities for displayed reports

Custom report saving for future use

Scheduled reports for email delivery to any email address at any time

Credit Card Processing / Payment Gateway Options

CivicRec has multiple credit card processing options. CivicRec can serve as the payment gateway of record for credit card processing. A percentage + transaction fee (3% + $0.30 per transaction) applies. This is separate from the annual maintenance and support fee.

Alternatively, we can integrate with other payment gateway providers if a client desires to use its own merchant account. CivicRec can provide access to a supported payment gateway vendor (additional fees may apply). If, however, your preferred payment gateway is not on our list of approved vendors, additional development time would be required. We would scope the work and estimate the time and amount of such integration, which would be agreed upon prior to starting any work.

Hardware Compatibility

Customers may opt for a variety of hardware peripherals to enhance the CivicRec experience. CivicRec can be integrated with magnetic stripe readers, barcode readers, thermal printers, cash drawers and more. While CivicRec does not directly provide hardware, we are happy to assist with procurement and implementation.

43 Ongoing Services

Support

CivicRec is an internet-based, fully hosted software solution. We will handle all of the server-side maintenance, backups, replication, PCI compliance, fixes, patches, and software upgrades. All maintenance, hosting, and product upgrades are included at no additional cost within the annual maintenance and support fee.

CivicRec processes standard support requests from 7am-7pm Eastern, Monday-Friday (excluding holidays). Emergency support is offered 24/7.

CivicRec will provide a toll free number and online chat support, as well as an online support system for users to submit software issues or requested enhancements. For emergencies, users may either call CivicRec or enter an emergency ticket into the system. Emergency tickets include any CivicRec issue that is causing a disruption to your ability to use our system (i.e., the website is down). These issues are addressed immediately. Additionally, CivicRec is available to be on site with you when needed (travel expenses may be incurred).

CivicRec also maintains a product Help Center where users can review articles, User Guides, FAQ’s, and can get tips on best practices. The Help Center is also where we store Release Notes and our community for enhancement suggestions.

I’d have to say my favorite part of CivicRec is the service. Sometimes I “encounter something I just can’t figure out and CivicRec is always there with a solution. They respond quickly and thoroughly.

Client review from Capterra www.capterra.com/parks-and-

recreation-software/ ” Dedicated Account Management

CivicPlus has a team of dedicated account managers to help you implement the tools needed to successfully meet the level of community engagement that you desire. Upon Go Live, you will have a dedicated member of this team to provide you with further information on how to utilize the tools in your new RMS. Your account manager will help you keep up on new CivicPlus products and optimize your system.

44 Release / Upgrade Schedule

CivicRec currently utilizes a monthly release schedule. You can expect to receive an average of one new feature per month. We also try to release a new major module quarterly. If bugs are identified, those are “hotfixed” into production and do not await our standard release dates.

CivicRec is an SaaS solution and all customers are on the same code base. Product enhancements are provided on an ongoing basis to our clients at no additional charge. Many, if not most, of these enhancements originated from a customer enhancement request that was applied to the base product and made available to all CivicRec customers.

System changes are communicated via our website (users will see a notice upon login). For major changes that may require additional staff training (e.g., a brand new module is being released), we will notify Scarsdale in advance and schedule the rollout with you as appropriate.

We base our roadmap on requests from our customers as well as on our own internal product goals. We maintain a roadmap request system that allows for customers to request changes and to up/down vote ideas that are under consideration. PCI Compliance

For credit card security, CivicRec is certified as PCI SAQ-D (Service Provider) compliant. We maintain PCI compliance through an Approved Scanning Vendor (ControlScan). We are scanned monthly and provided a quarterly certificate of compliance. Our customers are provided a copy of that certificate for use in their own PCI Compliance.

We also try – when possible – to take CivicRec (and you) completely out of PCI scope by leveraging “hosted” payment pages when available. Many payment gateways have payment forms that can be embedded within CivicRec (or that the browser can be redirected to) that ensure card data never touches the CivicRec servers. Instead, the card data is keyed directly into the payment gateway’s form, and CivicRec simply receives a notification that the payment was successfully made.

45 Hosting & Security

Data Center / Security

CivicRec utilizes industry standards, insurance requirements, and PCI requirements to ensure that CivicRec is only accessed in the manner it’s intended to be accessed and by people who are authorized to do so. Methods include: Physical security at our Tier III data centers (Codero, TelX, and Rackspace)

Server firewalls

Anti-virus scanning

IP logging and filtering

Application security monitoring

All data centers provide a network operation center with 24/7/365 monitoring of the data center environment, system availability, and performance. The data centers are SSAE 16 compliant.

For user security, CivicRec will assist Scarsdale in configuring user levels and assigning users to those groups. Thousands of permissions can then be configured on a group by group basis. Most permissions apply on individual pages, but some also apply to specific functions within a page (buttons, fields, etc). CivicRec will guide you through this process as part of Training & Implementation.

Disaster Recovery / Redundancy

CivicRec has policies and procedures in place to ensure continuity and disaster recovery. We utilize local, replicated servers to ensure that copies of data, software, and files are always available and up to date. These servers can be rolled over in the event of hardware failure or other local issues. In addition, we have a process that encrypts backups once each day and sends them offsite for purposes of disaster recovery. This process ensures that we can reconstitute our entire product and underlying data structure with limited downtime and loss of data...even in the event of catastrophe.

Data Backup and Archive

Scarsdale can export data as needed in the standard reporting tool. CivicRec discuss with you how to address any elevated data retention requirements if needed. Professional Services fees may apply to custom configurations/capabilities. CivicRec utilizes local, replicated servers to ensure copies of data, software, and files are always available and up to date. These servers can be rolled over in the event of hardware failure or other local issues. We also have a process that encrypts backups multiple times per day and sends them off site for purposes of disaster recovery. This process ensures that we can reconstitute our entire product and underlying data structure with limited downtime and loss of data.

46 Pricing Section

47 Pricing

VI. Pricing Section

A. Required Applications Pricing Worksheet and 5 Year TCO

Please complete the following table with proposed pricing. Mark NA and use the comments section after the table to explain if clarification is necessary. Add modules as necessary to meet requirements.

The Village reserves the right to reject any or all proposals, select any or all parts of the proposal in any order deemed appropriate.

Module Setup Fees Subscription Subscription Subscription Subscription Subscription Year 1 Year 2 Year 3 Year 4 Year 5 Account Management N/A N/A N/A Facility Reservations N/A N/A N/A Activity Registration N/A N/A N/A Membership Management N/A N/A N/A Point of Sale N/A N/A N/A League Management N/A N/A N/A Online Registration N/A N/A N/A Payment Card Processing N/A N/A N/A Financial Accounting and N/A N/A N/A Reporting Customer Surveys N/A N/A N/A Mail/Text Message N/A N/A N/A Social Media Interface N/A N/A N/A Field Management N/A N/A N/A Data Conversion N/A N/A N/A

Total: $13,187 $31,250 $31,250 N/A N/A N/A

Use the space below for any further description of how you prepared the pricing table

CivicRec prices on a per project basis. We have found that this type of pricing structure eliminates surprise costs and is overall more cost effective. Our goal is not to “nickel and dime” our clients with hidden fees or hourly rates. We have presented the most cost-effective solution while still meeting your needs. This model of pricing eliminates the uncertainty of paying by the hour and provides you with a concrete price that only varies if additional functionality of work outside of the original project scope is requested. Please see attached Investment Proposal for further information regarding pricing.

48 Pricing

B. Data Conversion Cost – Customer Information

Data Comment Conversion Cost Active customer detail information (not This is included in the See Pricing Worksheet limited to but including name, address, Village’s project. phone, email address, date of birth, grade) including family relationships. To include households with activity in the prior three (3) years only, and to remove or merge duplicate households.

Customer photographs linked to This is included in the See Pricing Worksheet customer detail information for ID pass Village’s project. management.

Use the space below for any further description of how you prepared the pricing table.

We will want to talk with you in more detail about your goals, expectations and vision before we finalize your scope so we deliver what you need, when you need it. Should Scarsdale require additional functionality that is not included in the scope of this proposal, you will receive a separate cost proposal to include the new scope. For a more detailed look at the pricing for your project, please see the attached Investment Proposal.

Investment Proposal

All quotes are estimates and presented in US dollars. Pricing is valid for 60 days from June 19, 2018. CivicRec reserves the right to adjust pricing after a final scoping session.

Year 1 Investment (Includes Year 1 Annual Services) $46,437

Project Development & Implementation

System Development

Project Implementation

12 Hours of Web-Based Training

Approved Payment Gateway Set-Up

Data Imports

User Imports

Memberships/Passes Imports

Custom Membership Photo Imports Year 2 Investment $31,250

Annual Services – Software Licensing, Maintenance & Support CivicRec Recreation Management Software licensing, maintenance, 24/7 technical support (standard business hours with after-hour emergency support), daily backups, replication, fixes, patches, product enhancements, etc. (Credit card processing is not included.)

Year 3 & Beyond

Annual Services Beginning Year 3 of your contract, the Annual Services will be re-evaluated and determined based on the prior year transaction volume.

50 Training Table

C. Training for Required Modules

Please complete the following table with your proposal for the amount of end user training in hours that you are proposing for the project to be successful.

Module Onsite Training Live Webinar On Demand On-Site GO in Training in Video or other Live Support Hours Hours similar training in Hours System Overview & System Admin Included on the Training None 12 hours CivicRec Help Center None site.

Account Included on the Management None 12 hours CivicRec Help Center None site. Facility Included on the Reservation None 12 hours CivicRec Help Center None site. Included on the Activity None None 12 hours CivicRec Help Center Registration site. Membership Included on the Management None 12 hours CivicRec Help Center None site. Point of Sale Included on the None 12 hours CivicRec Help Center None site. League Included on the Management None 12 hours CivicRec Help Center None site. Online Included on the Registration None 12 hours CivicRec Help Center None site. Payment Card Included on the Processing None 12 hours CivicRec Help Center None site. Financial Included on the Accounting and None 12 hours CivicRec Help Center None Reporting site. Customer Included on the Surveys None 12 hours CivicRec Help Center None site. Mail/Text Included on the Messaging None 12 hours CivicRec Help Center None site. Included on the Social Media None None 12 hours CivicRec Help Center Interface site. Included on the Field None None 12 hours CivicRec Help Center Management site.

51 Training Table Explanation

Use the space below for any further description of how you prepared the training table.

Note: We do not offer system administrator training as a separate item as it is included as part of our system development and implementation.

Required Peripherals and Hardware

D. Required Peripherals and Hardware

Please define the peripherals (manufacturer, model) such as ID/membership card printers, swipe readers, payment card readers, and any other devices. If the supplier offers this hardware, please list the price per unit. Point of Sale is abbreviated as POS.

If the vendor supports a variety of devices, please attach a list of supported equipment, and if possible, recommended equipment.

Type Manufacturer/Model Price per unit POS Peripheral 1 N/A N/A POS Peripheral 2 N/A N/A POS Peripheral 3 N/A N/A POS Peripheral 4 N/A N/A ID/Card Printer N/A N/A Swipe Reader N/A N/A NFC/Other Reader N/A N/A

provide hardware, we are happy to assist with procurement and implementation.

53 Appendices

54 55 56 Indemnification & Insurance

We acknowledge the inclusion of the Indemnification and Insurance information and would like to discuss this further upon contract creation.

57 RESOLUTION RE: AGREEMENT EXTENDING THE TERM OF THE RUNNING TRACK LEASE AGREEMENT BETWEEN THE VILLAGE OF SCARSDALE AND THE SCARSDALE UNION FREE SCHOOL DISTRICT

WHEREAS, Section 244-b of the General Municipal Law authorizes and empowers a school district and municipality to join their resources to equip, operate, and maintain playing fields and recreational centers; and

WHEREAS, the Scarsdale Union Free School District (hereinafter “School District”) and the Village of Scarsdale entered into a lease agreement in 1983 to lease the running track at Butler Field (hereinafter “athletic facilities”) to the School District; and

WHEREAS, the term of the original lease was for ten years; and

WHEREAS, prior to the expiration of the original lease, the terms of the lease were modified and the lease was extended to June 30, 2002, for the purpose of financing capital improvements to the athletic facilities; and

WHEREAS, in February 2002 the Village Board further amended its agreement with the School District to extend the lease agreement until June 30, 2022, to enable the planned issuance of bonds to finance capital improvements to the existing athletic facilities at Scarsdale High School, including the installation of a synthetic turf field; and

WHEREAS, the School District has proposed new improvements to the athletic facilities at Scarsdale High School including, but not limited to, replacement of the synthetic turf field utilizing EPDM (virgin rubber) infill instead of SBR (recycled crumb rubber), the acquisition and placement of a shock pad to help reduce injuries, and track resurfacing and drainage improvements; and

WHEREAS, in recognition of the School District’s funding of the aforementioned improvements, it is appropriate to extend the lease nine years to provide the School District with the use of the property for a period equivalent to the expected useful life of the improvements, which are scheduled for completion in 2019; now, therefore, be it

RESOLVED, that the Village Manager is hereby authorized to execute a lease extension with the Scarsdale Union Free School District that modifies the existing Butler Field lease agreement by extending the lease term nine years until June 30, 2031, in substantially the same form as attached hereto; and be it further

RESOLVED, that all other terms and conditions of the 1983 lease agreement shall remain in full force and effect.

Submitted by: Village Manager Submitted on: July 02, 2018 Submitted for: July 10, 2018 AGREEMENT

By and Between The Village of Scarsdale and The Scarsdale Union Free School District

WHEREAS, in 1983, the Village of Scarsdale and the Scarsdale Union Free School District entered into a lease agreement with the School District, wherein the Village leased the running track and field at Butler Field to the School District; and

WHEREAS, since the adoption of that lease agreement several amendments extending the term of the lease have been agreed to by the parties to facilitate the financing and issuance of bonds to make capital improvements to the athletic fields; and

WHEREAS, the School District has proposed new improvements to the athletic fields at Scarsdale High School, including but not limited to, replacement of the synthetic field utilizing EPDM (virgin rubber) infill instead of SBR (recycled crumb rubber), the acquisition and placement of a shock pad to help reduce injuries, and track resurfacing and drainage improvements; and

FIRST: the term of the Butler Field lease agreement is extended to June 30, 2031.

SECOND: the School District shall maintain liability and property damage insurance with a limit of $5,000,000 covering the facility leased herein and its use by the general public. A certificate of insurance shall be furnished by the School District and given to the Village Attorney for approval. The School District’s insurance certificate and policy shall name the Village of Scarsdale as additional insured and shall be endorsed with a hold harmless and indemnification agreement protecting the Village of Scarsdale.

THIRD: that all other terms of the aforesaid 1983 lease agreement shall remain in full force and effect.

Dated: Scarsdale, New York July __, 2018

The Village of Scarsdale Scarsdale Union Free School District

by ______by ______Stephen M. Pappalardo, Village Manager Stuart P.G. Mattey, Asst. Supt.

Village of Scarsdale

Memorandum Parks, Recreation and Conservation

To: Stephen Pappalardo, Village Manager From: Brian Gray, Superintendent PRC Date: July 06, 2018 Re: Butler Field IMA

During the Spring of 2018, I sat on the Butler Field Committee established by the Scarsdale Board of Education. We researched the pros and cons of differing turf field options in order to identify the most suitable replacement for the Butler Turf Field and Track. I headed-up the Community Subcommittee, which was charged with surveying presidents of Independent Sports Organization (ISO) that use the Butler Turf Field in an effort to identify their preferred infill, considering such dimensions as grass blade height, which influences speed of the playing surface, playability, and availability following weather events. The survey work also included identifying area fields that have performed well and that Butler Field may replicate.

The Department of Parks, Recreation and Conservation (PRC) is permitted occasional use of the Butler Turf Field located on the campus of the Scarsdale High School. PRC use is predominantly in the fall for our Village-sponsored Tackle Football and Flag Football Programs, as well as a date in late March or Early April for our longstanding 15K/4M road race and fun run. A more detailed usage description is as follows:

Fall Season – Three or four dates on Saturdays from 8:00AM – 12:00 noon for Tackle Football Fall Season – Seven dates on Sundays from 9:00AM – 1:00PM for Flag Football One Sunday in late March/early April from 7:00AM – 1:00PM for the 15K Road Race

The Butler Turf Field and Track replacement project is planned to take place from September 2018 through January/February 2019, which will conflict with our programmed uses. However, PRC staff are confident that we will be able to accommodate our Football programs elsewhere throughout the construc6tion period. If the project extends into spring, we are also able to adjust the start and finish lines for our annual 15K/4M Road Races, which will eliminate the need to access the Butler Turf and Track.

Fall ISO Soccer will also be impacted by the construction. The ISO Soccer program is on Sundays at 1:30 PM. Additionally, if the construction runs into spring, both ISO Soccer and Lacrosse use of the field on Sundays from 9:00 AM to 2:00 PM and 2:00 PM to 8:00 PM, respectively, will also be interrupted. While ISO use of Butler Field is through agreement with the School District, Village PRC staff will work closely with representatives from the Scarsdale Board of Education and ISO Field Coordinators to identify alternate locations, as construction timing and conditions dictate. BUTLER FIELD & TRACK RECOMMENDATION REPORT

EXECUTIVE SUMMARY Butler Track and Field has not been renovated since 2005 and has been identified by the Fields Master Plan and users of these athletic spaces as in need of replacement. The Butler Field Committee, representing a cross-section of participants, was formed in the Spring of 2018 to research types of infill and current conditions of the track, and ultimately make a recommendation to the Board of Education regarding a proposed project for which funding has been included in the 2018-19 budget in the amount of $1.9 million.

The Butler Field Committee (the Committee) met a total of four times. In addition to their meeting, the Committee conducted additional field research into the different types of infill available for the field and discussed current track and field event conditions. Based on this field research and information gathered through the committee process, the Committee recommends that the current Butler Field be replaced with a synthetically turfed EPDM infill field along with renovations to the current track at an estimated cost of $1.713 million.

BACKGROUND In 1983, the Village of Scarsdale entered into an agreement to lease Butler Track and Field to the District. Since this time the lease has been consistently renewed over the years. The current lease was renewed in 2002 and expires on June 30th of 2022.

In 2003, community members expressed an interest in converting Butler Field, whose natural grass field was in extremely poor condition, into a synthetic turf field. During the course of the 2003-04 school year, many discussions were held regarding the viability and funding of a proposed synthetic field culminating in the Board of Education’s approval of and financially supporting 25% of the cost of the field with the other 75% of the funding to be donated by a community group called “Field for Kids”.

This project replaced Butler Field’s natural turf with a SBR (recycled crumb rubber) infill synthetic turf field in the summer of 2005 and opened for play that fall. The track was also re-surfaced at that time. At the time of the turf field installation, SBR was the most popular type of infill and there were no reported concerns in regards to its safety. SBR still remains a popular, less expensive infill alternative.

In 2015-16 the District engaged a landscape architect to develop an Athletic Fields Master Plan (Plan). The purpose of the Plan was to analyze conditions of the multiple athletic fields within the District and provide recommendations for facilities improvement based on those conditions. The underlying goal of the analysis was to lay out a road map of how best to improve existing fields for regulation size, optimal playing conditions, and maximum availability for users.

This Plan and the observations and experience of District staff members who are familiar with these fields identified the renovation of Butler Field as the highest priority amongst all identified fields in the District.

Current Conditions of the Butler Track & Field The documented useful life of an artificial turf field is approximately 10 years (typical warranty length); Butler Field is almost 13 years old. The sand and crumb rubber infill are no longer uniformly distributed and the blades of the synthetic turf no longer have appropriate pile directionality. Relatedly, low spots/divots appear due to infill displacement, creating opportunity for lower extremity fatigue and injury from the resulting unlevel playing surface. Accordingly, the artificial turf requires a great deal of attention to maintain a safe and level surface and track practices must be modified to work around trouble spots. It is clear that the Butler Field playing surface is deteriorating.

Butler Track is also worn and displays low, soft spots in the northeastern corner due to erosion or settling. On the northeastern corner of the track and field, rain water pools in low, soft spots during heavy downpours. This creates safety concerns for runners on the Track Team and other student-athletes who play field sports.

Current Layout The layout of Butler Track & Field is not ideal. The field (i.e., jumping and throwing) events, with the exception of the pole vault, are all located on the South Practice Field. Specifically, the location of the throwing events overlap with the jumping events. Therefore, the field events cannot be practiced or competed simultaneously. Instead, the events must be practiced at different times and for competition, the throwing and jumping events must be staggered or meets must be scheduled on multiple days.

Board Process Funding for replacement of Butler Field’s turf and infill along with resurfacing of the track was included included in the 2018-19 Budget estimates. Based on concerns from community members regarding the utilization of continuing the use of SBR as the infill for Butler Field, the Board of Education decided to remove SBR as an infill option and after a presentation from Administration emphasizing availability as a key criterion in the decision making process, also remove natural grass as an alternative. In order to study the Butler Field project and infill options further, Administration recommended convening a committee. A budget of $1.9 million has been allocated for this project.

DECISION MAKING PROCESS Members of the Butler Field Committee were chosen based on having a broad section of interested constituencies represented.

Butler Field Committee

NAME ROLE Sub-Committee Stuart Mattey Administration 1 Maintenance/Cost Ray Pappalardi Athletic Director 2 Students, M&W, PE & Athletics Andrew Patrick Sustainability 3 Sustainability Ken Bonamo HS Principal 4 Parents John Trenholm Facilities Director 5 Maintenance/Cost Jim Lancaster Assistant Director for Facilities 6 Maintenance/Cost Joe De Crescenzo Assistant Athletic Director 7 Interscholastic Athletics PE Teacher, Football and Track Alex Greenberg Coach 8 Physical Education Sharon Rosenthal Field Hockey Coach 9 Interscholastic Athletics Mindy Genovese Varsity Girls' Soccer 10 Interscholastic Athletics Nicole Roemer PE Department Chair 11 Physical Education Lynne Elcik Maroon & White Parent Rep. 12 Maroon & White Brian Gray Supt. of Parks and Rec. 13 Community Beth Zadek HIgh School Parent Rep. 14 Parent Lily Steckel Student Rep. 15 Student Athletes Ron Schulhof Sustainability 16 Sustainability Curt Coronato Landscape Architect - BBS 17 Consultant

The Committee’s first meeting was held on May 1st where it focused on reviewing current conditions of the track and field, a brief history of the field, and learning about the different types of infill options available. In addition, sub-committees were formed to allow for a common representative voice as follows: Interscholastic Athletics, Physical Education, Parents, Sustainability, Community, Maroon & White, and Maintenance and Cost. The Committee also discussed essential criteria to be used in the decision-making process and were given the task to begin their field research regarding potential infill types based on this criteria as part of the Decision Making Matrix. They were also given the task of getting feedback from their respective constituent groups.

The criteria identified by the committee to be used in the Decision Making Matrix was as follows:

Availability ● How early is the field available in the Spring? ● Can you get on the field during the hottest days typically in August? ● Is the field available after a medium or heavy rain? ● Are there days lost due to maintenance?

Health and Safety ● What are the current or known health risks? ● What are the future or unknown health risks? ● What are the concussion impact or injury risks?

Playability ● Infill splash-bounce displacement ● Ball speed and running speed ● Similarity to grass for softness

Ease of Maintenance ● Additional man-hours required on a regular basis? ● Equipment or storage requirements? ● Frequency of replacing lost infill

Sustainability ● Made from recycled or renewable material? ● Organic? ● Disposal method at end of useful life? ● Source country of materials?

Cost ● Annual operational costs ● Upfront cost ● Expense of replacing lost infill

As part of their research Committee members also queried several leading turf and infill manufacturers to learn more about their various offerings and experience installing fields in different settings around the country. A brief summary of organic infill options is also included in Appendix C. During the committee process the Committee agreed that there was not enough information or schools using TPE (Thermoplastic Elastomer) to consider it as a viable infill option. Curt Coronato of BBS Architects was also present at all meetings to provide information and answer questions from the Committee.

Over the course of the next several weeks Committee members visited numerous sites across the region in order to learn about prospective infill options. In addition, many phone calls were made to individuals with similar roles in other Districts.The charts below summarize these findings.

SUMMARY OF FIELD RESEARCH

Below, you will find a table with information from interviews conducted on field visits and over the phone. The Committee limited their scope to districts with recent installations of fields that used infill types other than crumb rubber. The field infill types that were most popular were cork and coconut husk, coated sand, and EPDM. The information has been sorted into pros and cons and then organized by infill type.

Organic (Cork and Coconut Husk) Under ideal circumstances (approximately 30% moisture level is required), cork and coconut husk provides a playing surface that feels good to players and plays well across most sports. When it is dry, you get “flyout” and the infill becomes airborne. Some players claim that the infill gets in their eyes and mouths. Under heavy rains, the infill may migrate and hamper drainage.

Coated sand (Envirofill) Envirofill is a brand of coated silica sand and had been used in some local schools. While giving off less heat than crumb rubber fields, coated sand infill still has good availability. It makes for a firm surface that is non-abrasive, but plays hard and fast. Balls have a true bounce and spin on this surface. Users of this type of field are generally happy with their fields and are likely to use them in their next installation.

EPDM (Virgin Rubber) The users of EPDM fields report no issues with this type of infill. Players and coaches like the playing surface and how it feels. This type of infill requires little to no maintenance and the long life expectancy.

TYPE OF SCHOOLS PROS CONS INFILL

● Can be slippery ● May not melt as fast as Bronxville ● Kids like how it feels rubber fields on their legs in ● Requires maintenance Cork & comparison to the ● Teams may not get on Coconut old field it in the early spring Husk ● Plays well under season ideal circumstances ● Some flyout of the Irvington infield

● Infill flyout may get into eyes ● Needs to be watered ● Costly to install Pleasantville ● Costly to maintain ● Infill may migrate ● Players may not like playing on the field. ● Issues with weeds Suffern ● Issues with drought conditions

Riverdale

● Less heat than crumb rubber ● Plays hard and fast ● Has a strong odor Horace Greeley ● Coaches like the ● Sand comes up when field ball bounces Coated ● Low maintenance ● White lines need Sand ● Non-abrasive additional time to melt (Envirofill) ● True bounce and snow. spin ● Sand may compact ● Those who have it Greenwich are likely to use it in next installation

Briarcliff

Edgemont ● Players like the feel ● Coaches like the EPDM Mamaroneck surface ● No issues to report ● Known longevity Nyack ● Low maintenance

Rye

Data Gathered About Availability Initial availability and usage information that was received by the Committee was anecdotal in nature. Therefore, a survey was sent out to all Section 1 school districts to ascertain expected availability. Representatives of school districts were asked about the number of synthetic turf fields present within their district, the infill type for each field and the number of days that the fields were unavailable. For comparison purposes, Butler Field was unavailable 1-5 days in March, 1-5 days in April and 0 days in May. Other factors including location of the field, differentiated weather, and whether school districts plow their fields also affect availability.

March April May Number of Artificial School District Infill Type Unavailability Unavailability Unavailability Turf Fields (days) (days) (days) Recycled Crumb Byram Hills 1 Rubber 6-10 6-10 0 Recycled Crumb Carmel 1 Rubber 6-10 0 0 Coated sand Chappaqua 1 (Envirofill) 0 0 0 Recycled Crumb Eastchester 1 Rubber 0 0 0 Recycled Crumb Rye 1 Rubber 1-5 1-5 0 Recycled Crumb Tappan Zee 1 Rubber 1-5 0 0 Recycled Crumb Yorktown 1 Rubber 0 0 0 EPDM (Virgin) Rubber 1-5 1-5 1-5 East Ramapo 2 EPDM (Virgin) Rubber 1-5 1-5 1-5 Recycled Crumb Rubber 0 0 0 Harrison 2 Recycled Crumb Rubber 0 0 0 EPDM (Virgin) John Jay Rubber 1-5 0 0 2 Cross River EPDM (Virgin) Rubber 1-5 0 0 Cork & Coconut Husk 6-10 0 0 Suffern 2 Cork & Coconut Husk 6-10 0 0 Recycled Crumb Rubber 6-10 1-5 0 Wappingers 2 Recycled Crumb Rubber 1-5 0 0 Recycled Crumb Rubber 11-15 16 or more 0 White Plains 2 Recycled Crumb Rubber 11-15 0 0 EPDM (Virgin) Rubber 6-10 0 0 EPDM (Virgin) Arlington 3 Rubber 6-10 0 0 EPDM (Virgin) Rubber 6-10 0 0 EPDM (Virgin) Rubber 1-5 1-5 0 New Rochelle 3 Other artificial 1-5 1-5 0 Other artificial 1-5 1-5 0

ANNUAL COST COATED SAND EPDM ORGANIC FACTORS (Envirofill)

Grooming $5,000 $5,000 $5,000

Water n/a n/a $10,000

Infill Replacement n/a n/a $6,000

Manpower n/a n/a $15,000

TOTAL $5,000 $5,000 $36,000

COATED SAND EPDM (Black) EPDM (Green) ORGANIC (Envirofill)

Infill Estimates* $169,729 $441,295 $312,301 $353,036

TOTAL $169,729 $441,295 $312,301 $353,036

* Estimates include the cost of the infill, related items, contingencies and soft costs.

Additional Committee Meetings were held on May 17th and May 24th at which times the sub-committees updated the full committee on their research and were able to ask Curt Coronato of BBS questions. Mr. Coronato also provided the group with a full review of all track and field events including feasibility of relocating throwing events. Mr. Coronato and the committee also spent time discussing the need for a shock pad, which is placed underneath most turf infills in order to soften the field. The Committee, by consensus, recommended that a shock pad be included as part of the field installation for the added safety benefits.

Also at the May 24th meeting, the Committee took part in a small group exercise to weigh the identified criterion against one another in order to determine highest priority. Each sub-committee was allotted a total of 30 points to allocate amongst each criterion with the highest number of points indicating the highest priority. The following table shows the average score amongst all sub-committees. It is interesting to note that results of this exercise closely mirrors drivers discussed at the Board of Education held on April 10th.

CRITERION AVERAGE 1 AVAILABILITY 8.1 2 HEALTH & SAFETY 7.4 3 PLAYABILITY 7.1 4 EASE OF MAINTENANCE 4.3 5 SUSTAINABILITY/GREEN 1.8 6 COST 1.4

SUMMARY OF FINDINGS

Availability Anecdotally, fields with rubber infill seem to be more readily available than fields with other types of infill, especially after weather events. Typically, they melt faster due to heat retention and very few days are lost due to snow. Often times, games may be played during rain.

Fields with coated sand infill also have good availability and drain very well. These fields also melt well and most games can be played in the rain.

Fields with cork and coconut types of infill tend to freeze and migrate under hard rains. They also experience down time during infill replacement.

Health and Safety Excessive traction forces are a contributing factor to lower extremity injuries. The use of cleats may increase traction forces to the extent that they cause foot fixation. However, turf shoes reduce the possibility of foot fixation. From a health and safety standpoint, fields with EPDM and coated sand infill allow for the use of turf shoes instead of cleats. Fields with cork and coconut infill types are slippery when wet and create conditions that may be less safe.

Playability Under ideal conditions, fields with cork and coconut infill feel good to players. They like how the field feels under their feet and enjoy playing on the surface. In dry conditions, flyout gets in their eyes and mouths and detracts from the overall playing experience.

Fields with coated sand infill are very firm, feels hard and plays very fast. Though the ball has a true bounce and spin, ball move faster than grass or other types of infill.

Players and coaches report that fields with EPDM infill, play well and provide consistent and reliable playing conditions in most weather. This surface has the most predictable and realistic playing surface.

Ease of Maintenance The District contacted other schools who have installed the three different types of fields under consideration. Districts that have installed organic fields have experienced a significant increase in the number of man-hours required to prepare the field for play including frequent grooming especially after rain events and the frequent weeding. Organic infill also tends to float after rain events causing drains to clog. Organic options also require storage of infill in order to have it on hand to level playing surfaces. It is important to note that organic infill fields are still very new and experience is limited.

Both EPDM and Coated Sand (Envirofill) options require no additional maintenance related to field preparation.

Sustainability Organic infill options are clearly the most sustainable of the infill choices. Although like other options, bid specifications need to be clear to assure that materials are indeed organic and source country for the products. At the end of life organic fields are also compostable whereas EPDM and Coated Sand (Envirofill) must be taken to a landfill.

Cost Annual operating costs associated with organic options are estimated at $36,000 due to increased manpower, fill replacement, grooming and water. It is important to note that organic infill fields are still very new and experience is limited.

Both EPDM and Coated Sand (Envirofill) options have minimal ($5,000) annual operating costs.

EPDM black infill is the most inexpensive of the upfront installation infill options considered while the most expensive option is the EPDM green infill.

RECOMMENDATIONS

Based upon Butler Field Committee Meetings and the collection of information gathered before and throughout the decision making process, the Committee is prepared to make the following recommendations for inclusion in the base bid specifications (Appendix A) for the the Butler Field and Track project: ● Infill - Ethylene Propylene Diene Monomer (EPDM) black rubber infill be selected over the other organic or synthetic alternatives based on it meeting the most critical criteria, as identified by the Committee, as the best. It was clear to Committee members in their field research that EPDM fields were available in the early stages of the Spring season while providing the best play experience of all options for student and community athletes. In addition, from a student safety perspective, field research and interviews have yielded less issues. EPDM does not flyout. It is not reported as being slippery when wet and the playing conditions are predictable and reliable. Regarding organic infill options, the committee had reservations related to playability, availability, and increased maintenance. Newer organic options, such as olive cores, are purported to address most of these concerns, however these products have not been in use for a length of time sufficient to get real-world feedback (this product was first installed in 2017). The committee is fully supportive of exploring organic infills options in the future after there has been a history of use which can accurately be relied upon. ● A shock pad be installed between the base layer and the synthetic turf for both safety and playability. ● Track Improvements - Remove and replace track surfacing (6 lanes, high jump, long jumps and pole vault) including asphalt milling and top course replacement of the base surface which will eliminate low and soft spots. ● Athletic Equipment - Replace current aging goal posts and install complete field safety netting to allow for track participation during field events such as lacrosse. ● Drainage Improvements - Install additional drainage.

Through our fact finding process, it became clear that the specifications and the sourcing of the infill and artificial turf materials are very important. We found that materials with the same name can differ greatly in their performance and longevity based upon their source. Therefore, the bid must highly specify and clearly define the quality of infill and other materials. The reliability of sourcing and replacement must also be ascertained regarding several factors including but not limited to color, bulk density, weight and toxicity.

The current proposed timeline for the project is as follows:

Phase 1, November 2018 ● All Turf work begins Phase 2, Late June 2019 ● Track work begins

Other Considerations ● To the extent possible, the conflict between throwing and jumping events be resolved through relocation of the throwing events, jumping events, or both.

● Layout - Track and Field (see 6/5/18 rendering) ○ Under our current recommendation, the footprint of the Butler Track & Field will be unchanged. ○ Alternate surfacing may be considered as an add-alternatives in the south and north D-zones to address (1) the conflicts that exist based upon the location of the throwing and jumping events on the south practice field, (2) the limited space located in the north D-zone for high jump, and (3) the non-existence of a steeplechase. The alternates should be prioritized as follows: 1. Entire north D-zone paved, track surfacing enlarged to accommodate the high jump. 2. 2 jumping pits be relocated from the south practice field to the south D zone. 3. Steeplechase installed in north D-zone 4. South D-zone paved and track surfaced 5. Green EPDM as it may provide a cooler playing surface under extreme heat conditions

● Estimates for Other Considerations (Appendix B)

Appendix A

SUMMARY OF ESTIMATED COSTS

BASE BID

Remove and Replace Synthetic Turf $495,000

EPDM Infill (Black) $125,000

Shock Pad $125,000

Goal Posts and Field Safety Netting $55,000

Remove and Replace Track Surfacing $325,875

Drainage Improvements $25,000

Asphalt Milling and Top Course Replacement $110,600

Contractor General Conditions $88,303

Total Construction Costs $1,349,778

Contingencies and Soft Costs (20%) $269,956

A/E Fees (5.75%) $93,135

TOTAL ESTIMATED BASE PROJECT COST $1,712,869

Appendix B

CONTINGENCIES, TOTAL OTHER CONSIDERATIONS FEES AND SOFT ESTIMATE COSTS

1 South D - Section Long Jump Events (2), $85,000 $30,416 $115,416 Remove Existing, Relocate Discus & Shot Put

2 North D - Section Pavement, Track $40,000 $14,313 $54,313 Surfacing & Drainage

3 South D Section Pavement, Track $40,000 $14,313 $54,313 Surfacing & Drainage

4 North D Section - Add Steeple-Chase $10,000 $3,578 $13,578

5 EPDM (Green Infill) $256,800 $14,766 $271,566

Appendix C

Summary of organic infill options. longevity/survivability; playability; maintenance; perceptions when there are similar alternatives

Infill Type- Pros Cons Name/Description

Cork and Coconut 100% organic material Migration issues in heavy rain or Soft feel flooding conditions Stays cool in summer Requires irrigation system Renewable resource Reports of being dusty when dry [Plays well- feel similar to grass] Can freeze in winter Used in many fields in this Snow may take longer to melt, climate, and for these purposes potentially reducing season length Requires topping off of infill periodically Sourced outside of USA

Walnut Shells 100% organic material Requires irrigation system Stays cool in summer Not widely in use in this area Renewable resource Can freeze in winter Manufacturers claim no Snow may take longer to melt, migration issues potentially reducing season Sourced in USA length Requires topping off of infill periodically Perception of allergy issue, though manufacturers state otherwise.

Olive Cores 100% organic material Reports of being dusty when dry Stays cool in summer Can freeze in winter Manufacturers claim no Snow may take longer to melt, migration issues, and no need potentially reducing season to top off infill length Does not require irrigation New product- limited experience, system first US installation in 2017 Renewable resource [Plays well- feel similar to grass] Sourced in USA

Donna Conkling

From: Mayra Rodriguez Valladares Sent: Tuesday, June 26, 2018 9:53 AM To: Mayor; Jane Veron; Matthew Callaghan; 'Lena Crandall'; 'Justin Arest'; Carl Finger; 'Seth Ross' Cc: Clerk's Department Subject: New Village Attorney

Dear Mayor and BOT,

I trust that you are well. I wrote you almost two weeks ago asking you to please create an ad hoc group of residents to help Village personnel and you pick a new Village Attorney, since Mr. Esannason is retiring. Unfortunately, you did not acknowledge my email at all. Worse yet, an attorney with practically no experience whatsoever practicing law has been picked.

Dan, when Bob Berg asked you at the last BOT meeting if a new attorney had been picked, you said ‘no.’ You neglected to say that a search was already underway. That is evident since Friday’s BOT agenda already has an offer letter signed by the new attorney. Yet again, you were not open and transparent with residents.

I find it incredible how little regard this administration has for involving residents in the choices that you make. You refuse to run a survey or focus group to ask residents what our priorities are. You refuse to create a long-term financial plan that encompasses what residents’ priorities are. By not having a long-term financial plan, you are leaving a mess to clean up for the next administrations to come after you. Numerous credit and market signals show that we could enter a recession in the next two years. The time to prepare for an economic or market downturn is now while employment is still low and GDP has been growing.

You either ignore or criticize residents when we come to the podium. How are any of your actions a signal that you have good governance?

You chose to run for office. You won. And now you are supposed to be governing for the good of all residents not just your supporters or those who financed your campaign.

Attorney Esannason was rude to numerous residents, including me. He tried to suppress my right to free speech at the August 2016 J.F. Ryan meeting. He gave the Village terrible advice on the Ryan reval. He let Ryan write his own contract. Let that one sink in!! How is it possible that a third party vendor can write his own contract that had no accountability of his actions??

You are making a terrible mistake by not involving residents in the choice of the next Village Attorney.

Regards, Mayra Kirkendall-Rodriguez www.MRVAssociates.com https://www.linkedin.com/in/mrvassociates Twitter@MRVassoc

Tel: +1-212-491-9153

1 Donna Conkling

From: [email protected] Sent: Sunday, June 24, 2018 3:38 PM To: Mayor; Steve Pappalardo; Clerk's Department Subject: Resolution re: Appointment of New Village Attorney

Dear Mayor Hochvert and Village Manager Pappalardo:

Late Friday afternoon, as I perused the Village Board agenda for this coming Tuesday, I saw a Board resolution appointing Angela Martin to be the next Village Attorney, and attaching her proposed employment agreement. Angela strikes me as under-qualified and substantially overcompensated for the position given her lack of relevant experience and her relatively short tenure as a practicing attorney. I see no evidence whatsoever that the Village undertook any search, let alone a public search, to fill this critical and highly desirable Village position.

I don't know Angela personally, but she is presently the Village's HR director. She's a 35 year old, 2009 graduate of Pace University Law School. Her first job after law school was as a Deputy Village Attorney in Scarsdale under Wayne Esannason for two years. She then headed off to Metropolitan Hospital in Manhattan for a one year stint as a Risk Manager. Angela next returned to Scarsdale where she has been the HR director and head of Risk Management for the past 5 1/2 years.

There are many obvious problems with Angela's appointment. The number one problem is I strongly doubt that she is qualified to be Scarsdale's Village Attorney. She simply doesn't have the relevant professional experience yet. Angela has only been out of law school for nine years. And she seems to have actually practiced law in the broad functional sense for only her first two years, which practically speaking, means she wasn't capable of doing much. Her last seven years have been focused on human resources issues (including labor negotiations). While these skills are obviously important, they are only a small subset of the duties of the Scarsdale Village Attorney.

The Scarsdale Village Attorney is the Chief Legal Officer of the Village. The Village Attorney is in charge of overseeing all legal matters involving the Village of Scarsdale, the Town of Scarsdale, and the Boards and Councils of the Village and the Town. The portfolio of responsibilities is vast. The Village Attorney provides legal advice to all departments of the Village, the Town, and the Boards and Councils. The Village Attorney attends all Village and Town Board meetings to advise on any legal issues and questions that may arise. He represents the Village in all legal proceedings. That frequently includes civil litigation involving property assessment, land use, contract, tax, personal injury, workers compensation, civil rights, village code, and other diverse issues.

He also is the Village Prosecutor, and prosecutes violations of the Village Code and certain charges under the Vehicle and Traffic Law of the State of New York. The Village Attorney prepares legal opinions and advises officials on the effects of County, State, and Federal laws, regulations, and mandates on Village and Town operations. The Village Attorney prepares and reviews the broad variety of legal documents that are used in Village and Town government, including, for example, contracts, deeds, easements, requests for proposals, bids, dedications of rights of way, inter-governmental agreements, leases, ordinances, and resolutions.

As we know, the legal issues facing the Village of Scarsdale are challenging. The Village is presently a defendant in an environmental lawsuit in federal court by Save Our Sound alleging the Village, along with numerous other Sound Shore governments, is polluting Long Island Sound because of its crumbling sewer system. Of course, I have my pending federal lawsuit challenging the Village's Code and enforcement against political lawn signs in the Village rights of way in front of residents' homes. The EPA has found that the Village's water supply violates its purity standards. The fallout from the disastrous Ryan revaluation continues along with the appeal from the Article 78 proceeding. Residents and developers frequently challenge land use decisions by Village Boards. Hundreds of residents file property tax grievances each year. The Village is about to embark on a potentially massive real estate redevelopment project with long-term effects at the Freightway site. And, at some point in the near future, the Town will have to undergo the next revaluation, with much better oversight from the Village Attorney.

What experience does Angela have with any of these issues? How much courtroom experience does she have? How much litigation experience does she have? All I can tell is that she may have considerable background in HR and in municipal labor relations.

1 As I constantly reiterate in my public speaking, the residents of Scarsdale pay the highest property taxes in the country. We certainly deserve an experienced Village Attorney who is already well-trained in all the important subject areas in which we know we need expertise. This position should not be filled with someone who needs on the job training, even if we like her a lot.

Wayne's retirement presents the Village with an opportunity to bring in an outstanding experienced Village Attorney. There is absolutely no need to rush in to a new employment agreement for a permanent replacement Village Attorney. It now appears that Wayne's retirement comes as no surprise to the Village and was a long-planned event. A process for a public search for a qualified and experienced replacement should have been in place and undertaken. Beyond the many qualified municipal attorneys who would likely be attracted to such a prestigious and well- compensated job, there are undoubtedly a large number of brilliant, experienced attorneys who have left Big Law firms or high powered government jobs to raise their small children who live in our community or in surrounding communities who would love to consider our Village Attorney position. But the Village Manager, the Mayor, and the Village Board apparently have not bothered to look because Wayne's job seems to have been promised to Angela.

Our Village positions should not be hereditary, familial, or patronage jobs, or awarded based upon nepotism or friendship. I simply cannot see how appointing Angela Martin to succeed Wayne Esannason as Village Attorney at this time based on her very limited and narrow job experience is appropriate or fulfills the Village Board's fiduciary duties to our residents.

What makes matters worse is the extraordinarily generous compensation package she will be provided. Under the proposed contract, Angela will earn $175,000 per year, after being a lawyer for 9 years. That's just below the $183,530 that Wayne now receives at age 55, after 19 years as Village Attorney and after practicing law for 23 years. By comparison, the Governor of the State of New York earns a salary of $179,000 per year. Angela will be getting an astonishing raise of $26,133 per year, a 17.6% raise. She will also be allowed to work one day per week remotely, and receive five weeks paid vacation per year, three weeks paid sick leave per year, plus paid holidays, and after ten years service, she will receive paid lifetime health benefits.

Remember, Angela just turned 35. This is Scarsdale, right after Trump wiped out the SALT deductions. This is not France! What are the Mayor, the Village Manager, and the Village Board doing? This is yet another example of poor management decisions and utter disregard for proper governance standards and the taxpayers' pocketbooks.

I urge you to table the Resolution to appoint Angela Martin as Village Attorney at the Village Board meeting on June 26, 2018 and to conduct a proper public search for the best qualified candidate. You owe this to our residents. This is your duty. Please do not shirk your duty. Best personal regards, Bob Berg.

Robert J. Berg, Esq. Law Office of Robert J. Berg Robert J. Berg PLLC 32 Tisdale Road Scarsdale, New York 10583 (914) 722-0579 (914) 522-9455 (cell)

2 Town Board Meeting 06/12/2018 Page | 806

TOWN BOARD MEETING

Rutherford Hall Town of Scarsdale June 12, 2018

A Meeting of the Town Board of Scarsdale was held in Rutherford Hall of Village Hall on Tuesday, June 12, 2018 at 10:15 P.M.

Present were Mesdames Crandall and Veron; and Messrs. Arest, Callaghan, Finger, Hochvert, and Ross. Also present were Acting Village Manager Cole, Assistant Village Manager Richards, Town Counsel Esannason, Deputy Town Counsel Garrison, Custodian of Taxes McClure, and Town Clerk Conkling.

Mr. Hochvert presided.

* * * * * * *

Minutes

The minutes of the Town Board Meeting of May 8, 2018 were approved on a motion entered by Mr. Finger, seconded by Ms. Crandall, and carried unanimously.

* * * * * * *

Report of the Custodian of Taxes

Custodian of Taxes McClure stated that the Board has received the Town financial reports for May 2018.

As of May 31, 2018, 96.62% of the 2018 County tax levy was collected in May compared to 98.45% for the comparable period in 2017. This is 1.83% short of last year’s rate. 60% of the County tax levy was paid to the County on May 25, 2018. The balance of $16,144,043 will be paid on October 15, 2018.

Given the difference in collection rates, we have reviewed the open taxes and we believe that there may have been some confusion that people had based on prepaid taxes. As a consequence, we are sending out additional reminder notes in which we are reaffirming to people that prepaid taxes apply to the Village taxes, not to the County taxes. There may be still some confusion over this issue.

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Future Meeting Schedule

 Wednesday, June 20, 2018 – Personnel Committee – following the Boards & Councils Reception  Tuesday, June 26, 2018 – Municipal Services Committee – 6:00 P.M. – Trustees’ Room  Tuesday, June 26, 2018 – Agenda Meeting– 7:30 P.M. – Rutherford Hall  Tuesday, June 26, 2018 – Village Board Meeting– 8:00 P.M. – Rutherford Hall

Town Board Meeting 06/12/2018 Page | 807

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There being no further business to come before the Board, the meeting was adjourned at 10:18 P.M. on a motion entered by Trustee Finger, seconded by Trustee Ross and carried unanimously.

______Donna M. Conkling Town Clerk