Details

Published: 21 February 2013

Created: 21 February 2013

Last Updated: 21 February 2013

Hits: 3118

There will be no fireworks over the Village Election process this year as the candidates nominated by the Scarsdale Citizen's Party will be running unopposed. According to the Village Clerk, the February 14 deadline for candidates to file petitions to be put on the ballot has now passed, and the only candidates on the ballot are the Citizen's Party's nominees.

Barring unforeseen circumstances, Scarsdale's new mayor will be Bob Steves, who is just completing four years as a Village Trustee. Steves has served the Village tirelessly with six years on the Scarsdale School Board, He also served on the boards of Scarsdale and Edgemont Family Counseling Service, Scarsdale Student Transfer Education Plan (STEP) and the Immaculate Heart of Mary School of Religion; chaired the Scarsdale Bowl Committee and was president of the Greenacres Neighborhood Association. In addition to his volunteer work, he holds a demanding day job at Fordham University where he is the Assistant Treasurer.

Stacey Brodsky, currently completing her first two-year term as Scarsdale Village Trustee, is on the ballot to serve a second two-year term. Her professional career as an attorney included stints at the U.S. Attorney's Office and in private practice. She also served on the Board of Architectural Review, the School Board Nominating Committee, as the President of the Heathcote PTA, on the Board of the Scarsdale Library, as Vice Chair of the Scarsdale Task Force on Drugs and Alcohol, on the Board of the League of Women Voters Scarsdale and as a member of the Scarsdale Bowl Committee. During Brodsky's first term as trustee she shepherded the Village through the process of liberalizing the laws concerning permanent standby generators making it possible for more residents to install generators on their properties.

Newcomers to the Village Board include Thomas B. Martin and William Stern. Martin is a long-time Scarsdale resident who grew up here and has lived in the Village as an adult on Fox Meadow Road for 29 years. He has expertise in finance and owns Circle Advisers, a wealth management firm.

William Stern is a 40-year Scarsdale resident with expertise in power generation, transmission and distribution as well as radio frequency , microwave
communication and generation, lasers, masers, atomic physics and quantum electrodynamics. He runs a medical device company that manufactures neurological ultrasound for the diagnosis of stroke and management of sickle cell disease. The company also manufactures hospital hydrotherapy pools designed for women to labor in and give birth in.

Visit www. Scarsdalecitizens.org for brief biographies of the candidates.

The Scarsdale Village election for Mayor and Village Trustees will be held on March 19 at Village Hall in Scarsdale, and the voting hours are 6-9 A.M. and Noon - 9 P.M.

However, the election is not totally without controversy as Harry Reynolds objected to the Non-Partisan filing of its petitions. Specifically he argues that the candidate's petitions needed to be fastened together rather than submitted in a looseleaf binder.

Here is his complaint:

Objector's Argument

Section 6215.1 (c) of the regulations of the State Board of Elections relating to the filing of nominating petitions requires that "Any two or more petition sheets shall be securely fastened together by any means which will hold the pages together in numerical order". Section 6251.1(d) of those regulations requires that "Petition sheets may be fastened together to form one or more volumes." (Emphasis added.) These regulations were incorporated by reference in Election Law, §6-134 which provides that "When a determination is made that a designating petition does not comply with such regulations, the candidate shall have three business days from the date of such determination to cure the violation."

A child of seven knows the meaning of "fastening together". The Scarsdale Citizens' Non-Partisan Party, however, has divined a way of claiming that one is fastening petition pages together by inserting them unfastened in a loose leaf book or loose leaf binder, a simple device known universally for containing only loose pages unattached to one another. Should the Scarsdale Citizens' Non-Partisan Party's claim succeed before this Board, Staples will be jammed over night with overweight politicians buying loose leaf books.

The Party's filing was made by use of a loose-leaf book containing 40 separate petitions each of which was not fastened to one another in violation of Election Law, § 6-134(2) and 9 NYCRR 6215.19(c)(d) which together required of the Party its compliance with its mandatory duty of securely fastening together the Party's 40-page nominating petition. Gucciardo v. Wolf, 162 A.D.2d 570 (2 Dept. 1990); see also, Matter of Jones v. Scaringe, 143 A.D.2d 294, 295 (3 Dept. 1988), appeal denied 72 N.Y. 2d 805); Matter of Braxton v. Mahoney, 63 N.Y.2d 691, 692 (1984).
The Party's argument, should it make it, that it used a loose-leaf "binder" to "bind" the petitions is self-defeating, for "loose leaves" are individual pages that are not bound or joined together and loose leaf books are "made with each leaf separate for ready insertion or removal (1 Shorter Oxford English Dictionary, p. 1640). Even if we incanted the words "loose leaf binder" over the words "loose leaf book" the Party's petition pages still would not be fastened to one another as the law mandates. Fastening means to "Attach to something else; fix or hold securely in position; secure with a clasp, button, latch, bolt, seal, etc." (1 Shorter Oxford English Dictionary, p. 934). In short, the law expressly mandates the physical joining or "fastening" together of individual petitions.

Nor is the law's fastening requirement a brittle, dispensable duty. Fastening petitions together tends to assure the integrity of the filing of the petition, inhibiting as it does the corrupt removal or substitution of sheets.

Last, during the Village election in 2012, as in the matter now before the Board, the Party filed with the Village Clerk one or more loose leaf books containing petitions which were not fastened to one another. They were mirror images of the unfastened petitions now before the Board. As a candidate opposed to the Party, I informed its representatives of the egregious violation after I discovered it, I believe, following the expiration date for the filing of that petition, as I stated in my letter of objection now before the Board. Notwithstanding its knowledge of that violation in that election, the Party repeated that violation in the matter now before the Board.

Accordingly, the curative provision of § 6-134(2) was not intended to be available to the Party for it can only be read as a provision in aid of persons who by understandable neglect or unfortunate ignorance failed to observe the statute. In a rational order, a Legislature would not have intended it to aid a person who knowingly continued his violation of a provision which, in the eyes of any reasonable person, was designed, at least in part, to inhibit the corrupt removal or substitution of petition sheets.

For the Board to grant curative relief under the circumstances before it would be a violation by the Board of Election Law, § 6-134(10) which provides that "The provisions of this section shall be liberally construed, not inconsistent with substantial compliance thereto and the prevention of fraud." (Emphasis added.) The Party's violation would encourage fraud and its awareness of its violation proves that its attitude towards that regulation was distant from that of "substantial compliance", facts that bar it from the liberality of the section.

I request the Board to determine that the Party's petition is insufficient and that the Party is not entitled to the curative period provided by Election Law, § 6-134(2).

Respectfully submitted,
Harold Reynolds

Details

Published: 26 February 2013

Created: 26 February 2013

Last Updated: 27 February 2013

Hits: 4080

The expression "flushing your money down the toilet" may soon have new meaning to Scarsdale residents. According to Mayor Miriam Flisser the Scarsdale Board of Trustees is now considering imposing new fees on sewer usage. Currently residents receive a quarterly bill for water usage and this new fee would be an additional line on that invoice for usage of the Village sanitary sewer system. The Mayor estimated that for an average household the fee would be about $60 per year and $360 per year for commercial establishments. The Mayor made her remarks at a meeting of the Scarsdale Neighborhood Association Presidents (SNAP) on Monday night February 25.

The Village is faced with a projected $2.5 million shortfall in the Village budget and an antiquated sanitary sewer system in need of repair. The Mayor said that during big rainstorms there is sometimes backflow from the sewage systems into the storm water system, causing residents to find raw sewage in their streets and basements. The system dates back to the 1920''s and 1930's and needs to be repaired.

According to a press release from the Village dated February 27, "The sanitary sewer system consists of 85 miles of sanitary sewer pipes, the majority of which were installed in the 1920s and 30s which now require an increasing amount of maintenance and repairs. This maintenance and repair work includes cleaning sewer lines of obstructions and televising to inspect for structural integrity, cracks, tree root infiltration and other problems. Compromised pipes are treated with a cured-in- place liner to extend their useful life or sections of pipe are removed and repaired as needed. The Village spends roughly $300,000 annually in operating and capital expenses to operate, maintain and improve the sanitary sewer system."

At the Village Board meeting on February 26, Trustee Bob Steves explained that the fee would be 30 cents per 100 cubic feet of water and the revenues from this "sewer rental fee" would be used to maintain and remediate the sewer system. All water customers in the Village, including non-profits, would be required to pay this additional fee which should bring in approximately $400,000 in revenues to the Village.

This sewer fee is just one measure under consideration for cutting costs and increasing revenues. The Board also discussed cutting their funding to the Teen Center, doing away with the July 4th fireworks show at the Scarsdale Pool and cancelling the summer band concerts in the Village. However, these measures would have little impact on the budget shortfall and Trustees thought these cuts would be very unpopular with residents.

One SNAP meeting attendant voiced his concern about prospective fees for sewer usage saying, "Where does this stop? Do we tax people for road usage based on the number of cars they own? Do we charge parents for school tax based on the number of children they have in school? If we start with the water, where does it end?"

The Village Board will hold a hearing on a new resolution to establish sanitary sewer rent fees on March 12 at 8 pm at Scarsdale Village Hall.

Here are comments from Mayor Miriam Flisser made at the Scarsdale Village Board Meeting on Tuesday night February 26:

The Village Board continues to work on the budget, and invites you to a presentation of the operating budget on Feb 27 at 7 pm, and the capital budget on Wednesday March 6 at 7 pm. Please note that we welcome input on the budget from all residents, but to date, the only input that we have received is on behalf of preserving programs in the Village. The Village Board reviewed the costs of the annual 4th of July fireworks, and the Band Concert program, but decided that these events held too much community significance to be cancelled. We are considering removing the traffic police from the Popham/Garth intersection when the lights are completed to save overtime costs.

A sewer usage fee, base on water consumption, is mentioned in tonight's agenda. The fee will raise the approximately $400k needed for sewer repair this year. The fee added is minimal for families who limit their usage to household water consumption, but increases for residents who maintain irrigation on their properties. The increased fee for irrigation water is also an incentive to review planting plans to reduce water consumptions. There will be a public hearing about the dedicated sewer fee on March 12 at the next Village Board meeting.

Also, the Law and Land Use Committee will meet tomorrow at 6PM to discuss changes in the Historic Preservation Code Chapter 182. The consideration of establishment of Historic Districts will be considered, and questions of Owner consent for designation will be raised. Preservationists and Property Rights Advocates are all invited to attend as we discuss this important issue for Scarsdale.

Finally, at a meeting of the Scarsdale Neighborhood Association Presidents last evening, a presentation from Chief Tom Cain of the Scarsdale Fire Department, reminded residents that winter safety includes smoke detectors on every level of the house, plus one in each bedroom. Chief Cain reviewed cases where the lives of homeowners were saved due to the detection of smoke by these devices, which need to have their batteries changed yearly.

Details

Published: 15 February 2013

Created: 15 February 2013

Last Updated: 15 February 2013

Hits: 2908

The Lunar New Year began on Sunday, 2/10/13. According to the Chinese zodiac, this is the Year of the Snake. In China, it is said that a Snake in the house is a good thing because it means your family will not starve. The Snake is a symbol of fortune, longevity and fertility.

At Greenacres School festivities began with a Chinese New Year lion parade on Friday, 2/8. Ms. Bautista's third grade class led the parade throughout all three floors of the school—armed with Chinese drums, gongs and cymbals (including two drums and two gongs recently purchased by the Multicultural Committee). The earliest Chinese gongs were used to call in peasant workers from the field; in fact, some large gongs can be heard for up to 50 miles! In China, drums were historically used in celebrations and in conflict. Booming drums were believed to help scare the enemy into submission. With 20 third graders banging on drums, gongs and cymbals, the Greenacres lion parade made such a loud noise and ruckus that any evil spirits lurking around the school would certainly have been scared away.

During the week of Lunar New Year, Greenacres parents made presentations in 12 classrooms. Topics included Chinese New Year customs, food, traditional costumes and instruments; animals of the zodiac and the lunar calendar; legend of the Chinese New Year monster; myths about lions and dragons; symbolism of the lion dance; how a lion's head is made; Chinese characters and calligraphy; Lunar New Year celebrations in many countries in Asia; lantern and Year-of-the-Snake crafts; Korean New Year customs, food and traditional costumes. The students tasted Korean rice cakes, Chinese dumplings, Mandarin oranges, Asian pears as well as barley and chrysanthemum tea. They learned a New Year song in Mandarin, and even stomped on bubble wrap to simulate firecrackers popping.

What a way to start the New Year!

This article was contribued by Karen Lee/ Photo credit: Joanne D'Agostino