Board of Trustees

Village of Scarsdale Jane E. Veron, Mayor Robert Cole, Village Manager Sameer Ahuja Justin K. Arest Office of the Village Manager Karen L. Brew Scarsdale, New York 10583 Lena Crandall 914-722-1110 Jonathan Lewis Fax: 914-722-1119 Randall B. Whitestone www.scarsdale.com Village Board Agenda December 28, 2021 Village Board Meeting – 8:30 AM – Zoom The Village Board will conduct the Village Board meeting remotely via Zoom video conferencing service. To participate via Zoom, attend online at https://zoom.us/j/93183703358, or call into the meeting by dialing 1-929-436-2866 and entering the Meeting ID 931 8370 3358. To participate in public comment online, click “Raise Hand,” or dial 9 if commenting by telephone. For a brief tutorial or to troubleshoot a problem, see here: https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In- Webinar. For other user questions, please visit the Zoom Help Center: https://support.zoom.us/hc/en-us. Roll Call ______________________ Minutes ➢ Village Board Meeting of December 14, 2021 ______________________ Bills & Payroll ➢ Trustee Whitestone ______________________ Future Meeting Schedule Tuesday, January 04, 2022: 6:00 PM Village Board Work Session (TBD) Tuesday, January 11, 2022: 6:00 PM Village Board Work Session (TBD) 8:00 PM Village Board Regular Meeting Tuesday, January 18, 2022: 6:00 PM Village Board Budget Session Tuesday, January 25, 2022: 4:00 PM Village Board Budget Session 8:00 PM Village Board Regular Meeting Village Hall Schedule Thursday, December 30, 2021: New Year’s Eve (Observed) – Village Hall Closed at 12:30 PM Friday, December 31, 2021 New Year’s Day (Observed) – Village Hall Closed Village Board of Trustees Meeting 12/14/2021 467 THREE THOUSAND THREE HUNDRED EIGHTY-EIGHTH REGULAR MEETING Video Conference Rutherford Hall & Via Zoom (Hybrid) December 14, 2021 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held on Tuesday, December 14, 2021, in Rutherford Hall and via video conference (Zoom) at 8:00 p.m. Present were Mayor Veron, Deputy Mayor Arest and Trustees Ahuja, Brew, Crandall, Lewis, and Whitestone. Also present were Village Manager Cole, Deputy Village Manager Marshall, Assistant Village Manager Richards, Village Attorney Pozin, Village Treasurer Scaglione, Deputy Village Clerk Regazzi, and Assistant to the Village Manager Katzin. ******** Minutes The minutes of the Board of Trustees Regular Meeting of Tuesday, November 23, 2021, were approved on a motion entered by Trustee Crandall, seconded by Trustee Brew, and carried unanimously. ******** Bills & Payroll Trustee Lewis reported that he had audited the Abstract of Claims dated December 14, 2021, in the amount of $2,369,218.40 which included $96,221.42 in Library Claims previously audited by a Trustee of the Library Board. Upon motion duly made by Trustee Lewis and seconded by Trustee Crandall, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated December 14, 2021, in the amount of $2,369,218.40 is hereby approved. ******** Mayor’s Comments Mayor Veron stated, “The end of the year is a time for reflection, to take stock of what we accomplished together through resilience, dedication and grit. We simultaneously Village Board of Trustees Meeting 12/14/2021 468 look backward, acknowledging where we started, and peer into the future, imagining where we hope to be. This year more than most has been one of tremendous transformation in Village government. In a matter of months, there has been swift adoption of a strategic and innovative culture that rewards forward thinking and questions the status quo. Under the leadership of our visionary Village Manager, we’ve experienced a whirlwind of change, embracing new policies and practices, adopting new technologies, and welcoming new personnel. Tonight, our agenda is packed with signs of these advances. Resolutions on our agenda speak to institutionalizing improved processes for internal controls and investment policy, upgrading technology to facilitate public engagement, and refining code to enable Scarsdale to advance with the times. We’re readying Scarsdale to embrace the new model of 21st century government. As we close out the year, we also bid farewell to our dedicated public servant Chief James Seymour who has valiantly served our community for 17 years. Chief Seymour has been at the helm of the fire department since 2016. He has seen us through exceedingly difficult times with confidence, calm, and determination. With a deep and abiding commitment to the safety and welfare of our community, Chief Seymour has provided strong leadership to the department, and I know he will be sorely missed. Chief Seymour, thank you for all you have done for our residents. Thanks also goes to our wonderfully informed and engaged community. You have provided essential feedback to the board on a wide range of matters including marijuana dispensaries and lounges, the no smoking law, telecom code, a dog park, stormwater issues, historical preservation, infrastructure needs, quality of life and recreational desires and so much more. I hope you know how essential your input is to good decision making. We tremendously value hearing from you. With the help of our Advisory Council on Communications, we continue the drive to make updates more accessible and information sharing seamless. Given your engagement, it seems we’re heading in the right direction. We must also offer gratitude to our public safety and health professionals who continue to lead us through the battle against COVID. SVAC has stepped up in ways we couldn’t have imagined becoming a trusted provider of vaccines, boosters, and tests. They have been on the cutting edge, mobilizing to support Scarsdale and the greater community, and we are grateful. This has been a tumultuous year marked by advances and setbacks, struggles and loss, hope and optimism. I am amazed at how our community has rallied together. We have seen the very best of humanity organizing to support those in need. It is this strength of character and good will that propels us forward and leaves us hopeful for the future. Wishing you and yours a happy and healthy holiday season.” ******** Village Board of Trustees Meeting 12/14/2021 469 Village Manager’s Comments Village Manager Cole stated that he did not have any comments this evening. ******** Public Comment Mayor Veron opened the public comment portion of the meeting at this time. Ann Hintermeister, Chase Road, stated that reflecting on the work session held earlier on the budget process, it is concerning that the budget schedule has dates that involves less Trustees present. She asked if the pillar that involves the three Trustees is going to continue to meet during the budget process, and who is going to decide which Department Heads are selected for offering budget presentations and what additional meetings will be needed. Mayor Veron stated that the Board typically waits to respond to public comment at the end of public comment, but since this was a continuation of the Board’s discussion on the budget process at the work session held earlier this evening, she will respond to Ms. Hintermeister’s comments at this time. Mayor Veron stated that with the effective digitization initiated by the Village Treasurer, the Board has been able to integrate their goals with their financial planning. However, it is not the intent of any of this to be done in a subgroup, it is done with the full power of the Board and community. The Board shares the same goal as the residents, which is a deep and meaningful conversation. The Board has not discussed which Department Heads will speak – whether all of them will speak or not. The goal is to allow for time for those departments where there's significant changes in their budgets so that the Board can really dig into those numbers. Some departments may be just business as usual and if that's the case, that will require a lot less time. However, that does not mean that the Board might not decide to hear from all the Departments. She stated that the Board wanted to defer to staff to consider a way in which it would be the best use of everyone’s time to attain the same goal shared with the residents. She then asked Village Manager Cole if he had anything to add. ******** Village Manager Cole stated that the Mayor covered it; in principle they are on the same page. Even though the meeting schedule has fewer meetings published, after the second pass it has more meetings than prior to the second pass. There is always an opportunity to add additional meetings as deemed necessary, so he stated that as he mentioned during the work session, the decision about which department heads will make budget presentations will depend on a combination of what kind of community issues there are that they want to highlight and dig into, and which budgets have significant changes that Village Board of Trustees Meeting 12/14/2021 470 will merit time and energy to evaluate. The decisions regarding this will be made in weighing the pros and cons with respect to the public’s perspective and that of the Board. The Board’s authority or their role is in no way diminished simply because the schedule doesn’t have all the dates on it; dates can be added. So we'll members of the public be able to request. Ms. Hintermeister asked if the public would have the opportunity to hear from Department heads for a discussion of particular issues. Mayor Veron stated that the goal is for the members of the public and the Board to hear from those departments that are key determinants of the budget. Village Manager Cole stated that they will either take the information that is requested from the community and get that information from the department presented, or they may invite the Department head to the table. The public will not determine which Department head is present, but the staff is committed to fulfilling the needs that the public has with respect to information in a very transparent manner. Every Department head may end up being present based on the Board’s needs as well as for public information. Staff is happy to do so; this is a collaboration and an effort. It is just being done a little bit differently this year so that they can so they can focus on goals and enable meaningful conversations between the Department head, staff, and the Board. This is just a different twist on the same reality, and he stated that they can always add meetings. The meetings aren't the problem if people are needed to answer questions; they will bring them here. They are not refusing to so; its just more economically and strategically a better way to use their time to bring in those people with the most significant changes in their budget. Once those big issues are all settled to the extent that the Board is satisfied and the public is satisfied, there may still be some time to bring in whoever is needed to answer a few more questions and be present for the public. He assured the community that they will be flexible to meet both their needs and the Board’s needs. Mayor Veron added that in the past, even though they had every department slotted in for half hour increments, invariably, the departments which required more time would bleed over into the next slot, therefore, they are just acknowledging the practical limitations of the way the presentations used to be done. Trustee Lewis stated that they are witnessing change unfold before their very eyes and it sometimes may appear to be messy and other times, it may be an act of creation that occurs before their very eyes. He stated that he thinks this discussion reveals and touches on all those things. The part of the process that has appealed to him and persuaded him to be very open minded is the part that's occurred between the Village Manager and the Village Treasurer, as it relates to their early work with the department heads. It is his understanding that the Village Treasurer and the Village Manager have spent considerable upfront time with the department heads, getting their feedback on strategic and tactical priorities that are Village Board of Trustees Meeting 12/14/2021 471 impactful for the budget, so that when they walk into the room, it will be expressed to them in far greater, more transparent detail than they are accustomed to seeing before. Trustee Lewis stated that he felt that the challenge with the all-day presentation event was that there were significant strategic items that they all heard for the first time and sometimes late at night and as a result not as effective. The prioritization of who appears before the Board will relate to who is impacting the decisions that they will be making. In any event, they will react to this in real time and might decide that it isn’t working, or they might decide they will make incremental progress in this manner. Mayor Veron stated that what gives her a lot of confidence is that she feels that they all have the same objectives, and if they don't immediately meet those objectives, they will iterate to get to where they need to be. The Board has confidence in staff, and they know what the Board and community wishes to see. This will be an opportunity to see how they can move their government in a direction of delivering on the goals and objectives of the community with a very reasonable fiscal policy; we will all be going along on this journey together. Trustee Brew stated that they were very fortunate; they have a brand-new Village Manager, a new Deputy Village Manager and a fairly new Village Treasurer. One strength the Village Manager brings is process improvement; she stated that she is very comfortable in getting his recommendations and getting his process ideas and using those strengths to make the Board move forward and be better. As everyone has also said, they all have the same goals in mind; they are not trying to step back or do less in an oversight capacity on the budget, they want what's best for the Village. She stated that she thinks Village Manager Cole can lead them in a great new direction to be more efficient and more effective in delivering all of that. Trustee Arest stated that Ms. Hintermeister asked the question earlier about who on the Board approved the calendar formally, and that he had been just explaining that, based on the requirements of law and what other communities do, it's really the Village Manager, who is the Chief Budget Officer and who decides those things. He had stated that they have been spoiled in the ability to collaborate and interact early on and throughout. What he had also said was that his belief, but also his expectation is that that will not change. If anything, he thinks that they will expand on it, and it will get better. He stated that it's clear from the conversations that there will be additional meetings. How many meetings, none of them can state at this point; they will have to see how it plays out. Mayor Veron thanked Ms. Hintermeister for everything she and the community groups do to help the Board with the budgets; that's the way they get the best outcome, and they sincerely believe that. Robert Harrison, 65 Fox Meadow Road, complimented the Board on the earlier work session they had this evening; he felt it was an excellent discussion and there was a lot of communication back and forth. Mr. Harrison also complimented the tree lighting during Village Board of Trustees Meeting 12/14/2021 472 ‘Light the Dale’. He stated he thought there were over 500 people in attendance, and it was a beautiful evening. Mr. Harrison next stated that he is interested in the status of the pool complex study, and he did not feel that the Board communicated with the public well on what is going on with the status of this study. He stated that he felt that the Board should be getting input from community residents relative to the study – what they want and what they think they might need, other than making sure the pumps work. The site is beautiful, and he stated that he did not know if the consultant really the true flavor of Scarsdale has, in mind in who the residents are. The consultants should be consulting with the community. He again requested a 15–30-minute visit to the pool site interested organizations and members of the Scarsdale Forum, the Advisory Council on Parks and Recreation, and any other residents that would like to look at the site. Mr. Harrison then asked when the portion of Fox Meadow Road from Crane Road to Wayside Lane would be paved. He stated that it is an abomination in its current condition. He stated that he has spoken about this on numerous occasions. He stated that in one of Village Planner Greg Cutler’s presentations, Mr. Cutler had stated that it is one of the key roads coming into the Village. Next, Mr. Harrison discussed the American Rescue Plan Act funds. He would like to know the status of monies received to date by the Village. Mr. Harrison stated that he strongly supports opting out of the cannabis establishments in the Village and in his opinion the majority of the residents of Scarsdale feels this way. Mayor Veron stated that at the conclusion of the public comment period, the Board will answer what they can now and respond to what they can't answer right now by following up at a later time. Robert Berg, 17 Black Birch Lane, stated that he was delighted to review the latest draft of the revised telecommunications law, which has gone undergone massive, positive transformation since the first draft was circulated several months ago. He stated that the latest draft includes many of the critical protections his daughter Zoe and he had proposed and stated that it really empowers the Village to exercise its local control over the sighting and design of wireless telecommunications facilities, while complying fully with Federal law. He gave well deserved kudos to the Board. Mr. Berg stated that he appreciates all the hard work the Board did on this local law. He stated that he did have a couple of suggestions. One with regards to notices. The draft code provides that notice of applications only goes out to all property owners within 500 feet of the site. He felt that this doesn't reach a lot of people. He suggested that notice should also go out to the SNAP President and the presidents of the neighborhood associations. Having served on SNAP for years and having been a neighborhood association Village Board of Trustees Meeting 12/14/2021 473 president for many years, that's the type of information that the neighborhood associations can disseminate broadly to their residents and it's helpful in terms of getting information out about a possible application for tower or facility within the neighborhood. Mr. Berg also suggested that a tab be added to the Village’s website addressing wireless facilities. The Village could post notices there. He stated that at the last work session the Board seemed to agree with having an intermediate appeals process if the Planning Board grants or denies an application and someone wants to appeal it rather than having to go to the Supreme Court and filing an Article 78 proceeding. The Board of Trustees would hear the appeal in the first instance. He stated that he didn’t see that in the proposed code and was wondering what the status of that is. Alissa Baum, speaking on behalf of the League of Women Voters of Scarsdale, stated that she had a question about the materials in the agenda packet from the Village Treasurer, with regard to the mortgage tax receipt history. She stated that she saw for the 2022-23 fiscal year, you were predicting a reduction in mortgage tax. She wanted to know if they assume that this recent surge of home buying that happened during the pandemic was a temporary phenomenon, and that is the reason for that number. As there were no further comments, Mayor Veron stated that she would like to ask the Village Manager to help answer some of the questions. First, Mr Harrison spoke about the status of the pool complex study and process. He is particularly concerned about ensuring that there's good communication with the community. Village Manager Cole stated that one of the key elements of the consultant proposal that they considered in awarding the contract to this vendor was the robustness of their public engagement effort. To Mr. Harrison and anyone else with a similar question out there, they should know that the Village is firmly committed to making sure that there is as much community outreach and feedback on this study as they can possibly secure. There will be a statistically valid survey that goes out by mail and it's being conducted by a professional research firm that is skilled in creating surveys and administering them. There will also be an online survey that's open to anyone that is interested in willing to participate in that survey. In addition, there will be a variety of in-person meetings and he will ask that one of those meetings be held at the pool complex, so people will be able to engage with the consultant on site and can see everything in person. However, they will need to work on the timing of that. Mr. Harrison may have experienced a lull in the communications he’s been getting on the study, however, right now, because they recognize that they are heading into the holidays and considering how long it takes to get a survey done and administered, they will probably wait until after the holidays. The don’t want to send the survey out only to find that people aren't there and aren't returning the survey because they're traveling and they're too busy with family things. Behind the scenes, however, they are working very hard with the consultant to continue to flesh out the timeline to make sure that these public engagement opportunities are present. Just because there is silence right now does not mean nothing is happening. They have a great team that's involved with the pool. Village Planner Village Board of Trustees Meeting 12/14/2021 474 Cutler and others are working very diligently to advance that and again support those goals that they’ve discussed. Trustee Ahuja stated that there's a lot of outreach going out to residents in the community to understand this topic. Speaking for himself, as he was doing outreach on the cannabis topic, he spoke to a lot of people who are really excited about the opportunities for the pool. There are a lot of families with young kids, and they're really interested in what this consultant report with the future work on the pool can do. He believed that there will be a lot of people who speak up and have a lot of input on the pool. They want the pool to continue to be a gem in the community. Deputy Mayor Arest stated that the whole purpose of this is that, while the consultant has incredible value to add in facilitating this conversation, and, of course, in the design and costing and doing a lot of other things, later on, the real goal of this project is finding out what the Community wants. That is what they are trying to accomplish. It is not about what he or anyone else on the Board may want, it's what the Community wants for the pool complex going forward and then that will drive the next steps. Village Manager Cole added it is what the community wants and what is fiscally supportable. There is a pool enterprise fund, so that's going to be part of the discussion as well, so the Board is aware of both sides of that equation. There will be substantial public engagement. Mayor Veron stated that the next item was paving roads. She stated that she knows there is a process and asked the Village Manager if he wanted to address if now or later. Village Manager Cole stated that he is not prepared to address paving roads right now, but it is certainly a topic that will be covered in the budget context, and they are aware of long-standing community concerns about roadway conditions, including the roadway that was mentioned this evening and other. The Village does have a pavement management system that rates some of those roadways, and perhaps they will also be talking about the potential for updating that study. Deputy Mayor Arest stated that it is important to mention that at least a good section of that road is potentially part of a Complete Streets Village Center RFP that's out right now and that may have an impact on timing as well, because there may be a much larger project anticipated for that section in the relatively near future, depending on what the results of that are. Input from the community and Mr. Harrison on this project would be appreciated and expected. Mayor Veron directed the next question to the Village Treasurer concerning whether any additional American Rescue funds have come in. Village Board of Trustees Meeting 12/14/2021 475 Village Treasurer Scaglione stated that the Village received its first installment of the Rescue Funds in July of $922,000. The second installment is expected in the summer of 2022. Mayor Veron stated that the Board had a comment with respect to the proposed telecommunications code of two items. One regarding expanding notice for residents, and another suggestion to ensure that the Village communicated with SNAP. She stated that she would like to know if any of the Trustees had similar comments. Trustee Brew stated that as second Chair of the law enabler, she and Trustee Crandall have been very much involved in the back and forth of the drafting and the changes in the drafts. They did see the email from Mr. Berg, and they think he has very valid suggestions. There will be a vote on a public hearing on this tonight and this is definitely a topic that they will hear comments on and then take it from there and make a decision. She stated that Mr. Berg’s point is a valid one and will be looked at. Village Attorney Pozin responded affirmatively to a process question posed by Deputy Mayor Arest concerning the telecommunications code public hearing that will be scheduled this evening for the January 11, 2022 meeting, as to whether language concerning the comments just discussed should be added to the proposed code now as waiting until the public hearing to do so would require another public notice and hearing. Deputy Mayor Arest stated that his suggestion would therefore be, if there is a consensus on it, to include the language now because if the language was taken off later and made the code less restrictive, another public hearing would not have to be held. Asst to Village Mgr. Katzin: Because that makes it less onerous So what is the sentiment of the Board is there comforting concurrence with modifying to so we know before we do my talk about a closer to the motion. Trustee Crandall stated that Counsel’s suggestion makes sense for the Board to go ahead and include the three ideas now that includes notices to the SNAP president and also to the neighborhood associations, as well as the presidents of the neighborhood associations affected. Also, adding an appeals process or at least adding more specificity in the law, with respect to an appeals process and increasing the notice requirement to adjacent property owners from 500 feet to 1000 feet. She further stated that in the design standard there's a reference to a maximum noise limit of 65 decibels. As this concerned her, she asked if Mr. Berg or anyone else listening could help them with figuring out a better upper limit from a scientific rational standpoint. She stated that she doesn’t want to hear any sort of noise from these devices and that's something where the Board can really benefit if there's anyone in the community with more information on how much noise these emit. Perhaps they only emit noise when they're not functioning properly and that would help inform their design standards. She asked that anyone with expertise in this area please share it with the Board. They can write directly to her and Trustee Brew – lcrandall@scarsdale.com and/or kbrew@scarsdale.com. Village Board of Trustees Meeting 12/14/2021 476 Village Attorney Pozin stated that the items that Trustee Crandall mentioned are in the design guidelines; those are separate documents that are not local laws, and they are not subject to public hearing, but they will be discussed. Those changes can be made at anytime, in fact, even after this is adopted. The Board can still the guidelines as they wish. The other thing they did with the 65 dba is that they moved the measurement from the dwelling unit to the street, so that it has to quiet at the street, so the expectation is that it will surely make it quieter. However, they are certainly looking for a substitute of that sort of decibel level. Mayor Veron stated that she appreciates public input because the Board keeps getting better with the outcomes. Mayor Veron stated that the last item from public comment was a question regarding mortgage tax receipt history. She asked the Village Treasurer if she could share if she could share her assumption or follow up later on this. Village Treasurer Scaglione stated that she provided all of her assumptions on page eight of the document; this is really just her best guess. All of the numbers that are highlighted and in italics are her best guess estimates and it's really just based on the history and seasonality. She stated that this is something that she looks at very closely every month as information is provided and then updates this with actual numbers. Mayor Veron thanked everyone for public comment, as well as the staff and the Board for helping to answer the questions posed by the public. As there were no further public comments offered at this time, Mayor Veron that closed the public comment section of the meeting. ******** Liaison Reports There were no liaison reports this evening. ******** Deputy Mayor Arest In regard to the Statement of Expense and Revenue for June 2021 – November 2021, Deputy Mayor Arest stated that there is a great memorandum from the Village Treasurer included in the packet that shows the financial statements for the General Fund for the period of June 1 to November 29, 2021. This report includes two years of actual results for the fiscal years ending 2020 and 2021, the current year Adopted and Amended budgets and the actual results year to date as of November 29, 2021. The Village Treasurer plans on presenting her year end projections to the Board and to the public in January. Village Board of Trustees Meeting 12/14/2021 477 Deputy Mayor Arest stated that on a side note, he would like to make a request be considered (although it might not be as helpful because of COVID and things aren’t normal) but having a percentage of each line item of how much has been spent not only in the current year, but in previous years. He stated that he thinks this would be very helpful. Being able to compare something of apples to apples would be appreciated in the future and with all the incredible technology that the Village Treasurer is focused on, it shouldn’t be too much to ask. However, that will be for the Village Treasurer to decide. Deputy Mayor Arest pointed out some highlights that the Village Treasurer notes in her memorandum, and stated the following: • Sales Tax receipts - to date we have received two quarter receipts of sales tax. If the current trends continue, she expects to exceed our budget. • Parking revenue has exceeded our FY 2021 actual. Parking permits budged in the current year totaled $750,000, with year-to-date revenue of $937,023. Meter fees to date are $342,136. • Parks and Recreation revenue to date is $1,583,772, with the Day Camp accounting for $855k of this revenue, which exceeded our annual budget of $683,735. • Building department revenue is $1,327,457, which is anticipated to exceed our annual budget. • Please note, Federal American Rescue Plan Act funds received of $916,458 are reported as a liability until expended, and therefore not listed as revenue. • Expenses are listed by department, with no unusual activity to review. ******** Before Deputy Mayor Arest introduced the following resolution adopting the 2021- 2022 Village Investment Policy, he stated that this is something that traditionally has to be looked at, at least annually by the Village Board for approval. Recommendations are historically given to the Board by Village staff – the Village Treasurer and the Village Manager’s office. This is a policy that needed to be amended. The Board needed to ensure that it could be complied with, and that policies are followed. The Board need the ability to look this over with fresh eyes, and because of all the incredible new talent, that is in Village Hall, that is exactly what happened here. The strategic and financial planning pillar has been really fortunate to work with the Village Treasurer and Village Manager on this, and he gave kudos to the Village Treasurer and also Trustee Lewis, who has been on top of this. Upon motion entered by Deputy Mayor Arest, and seconded by Trustee Crandall, the following resolution regarding Adopting the 2021-2022 Village Investment Policy was adopted by a unanimous vote: WHEREAS, the Village’s Investment Policy provides that the Finance Committee of the Village Board, acting as an Investment Committee, shall Village Board of Trustees Meeting 12/14/2021 478 formulate a written investment program at least annually and submit same to the Village Board for approval; and WHEREAS, the Village Board last reviewed and adopted the Investment Policy, Policy # 501 of the Village of Scarsdale Administrative Policies & Procedures Manual, on September 22, 2020; and WHEREAS, recognizing the importance of the Village’s Investment Policy, Village staff on an annual basis reviews said policy and recommends any proposed modifications to the Village Board for consideration; and WHEREAS, staff performed said review and recommends modifications to the existing policy, as indicated with tracked changes in the draft policy attached herein; now, therefore, be it RESOLVED, that the 2021-22 Village Investment Policy be adopted in accordance with the attached document dated December 14, 2021, titled “Investment of Village Monies, Policy # 501.” Before voting, Trustee Lewis stated that the last time this was before the Board, he voted no, so before he casts his vote, he would like to share his comments. “The proposed investment guidelines are an important evolution in our efforts to modernize how we conduct our business in the 21st century, how we improve governance and how we improve performance. There are a number of important positive features I would like to highlight, as important steps forward. The guidelines include an important reporting requirement; namely holdings activity and compliance with guidelines that will be reviewed with the Board in a formal annually required meeting. There was another important formal reporting package requirement, namely the Village Treasurer shall submit periodic, no less than quarterly, investment reports to the Investment Committee or the Village Board disclosing investment activity during the period, including descriptions, amounts, rates of interest and maturity dates. This is important because the review of transactions and investment choices gives transparency to the Board on how decisions are being made. An important new compliance feature is also included in these guidelines, the Village Treasurer will promptly report noncompliance to the Village Manager and this report to the Village Manager will include a remediation plan to bring investments back into compliance with guidelines within 30 days. Should it not be possible or feasible to bring the holdings back into compliance with guidelines within 30 days, either due to market circumstances or other unusual circumstances, the Village Treasurer will report why this is not possible and provide a plan for remediation. All breaches of investment guidelines and communications with the Village Manager regarding such breaches will be reported to the investment committee in the quarterly report Village Board of Trustees Meeting 12/14/2021 479 for review and discussion. That's truly an important step forward. This feature creates a feedback loop that connects the Village Treasurer’s office, the Village Manager and the Board, and seeks to ensure important conversations about governance, compliance and risk management; this is an important process improvement. It’s important to note that these guidelines retain other important reporting requirements that have existed for some time. While revised guidelines are an important step forward and improved governance follow up and comprehensive implementation is essential, to that end I would encourage the Village Manager and the Village Treasurer to ensure reporting occurs, as required by these guidelines in the detail required. In the past the reporting to this Board regarding the management of public money has been inconsistent and the convening of an investment committee of the Board has also been inconsistent. We have a new team with great skills and an extraordinary vision for the future, and I look forward to being able to report to the community at a later date that our implementation of guidelines has been consistent and process implementation improved. This includes meeting as an investment committee and discussing how our funds are invested, for example, the guidelines, allow us to invest in a variety of instruments. There should be discussion about the choices we make regarding the variety of instruments we are approved to invest in. This important discussion has incurred inconsistently, if at all since I joined the Board. At various times I’ve asked in years past to engage in a broader conversation about the New York State Controllers recommendations for how public monies are managed. These recommendations include consideration of managing your portfolio and are consistent with our cash flow forecast. I’ve been told in the past that this is difficult, that a cash flow forecast can be difficult to create and sharing with the Board in an investment committee framework would be challenging. I am optimistic that with new technologies in place, this can now be accomplished. I must say that a probable scenario is adequate for discussion purposes; we do not want perfection to be the enemy of the good. We need to have a complete conversation about the management of public funds, for example, there should be discussion regarding when we choose to cash flow match, and when we choose not to cash flow match. In this low-rate environment, perhaps my requests and suggestions seem less urgent with inflation running high; rates will not be this low forever. So now is the perfect time for us to build process and institutional muscle memory by actually implementing our policies and having these discussions. I hope to be able to report to the community at a later date that improvement in this area has been made, that the Board is receiving reports, that there are meetings of the investment committee where our implementation is reviewed and discussed, and we are fully meeting the standard in spirit of our new guidelines. Please know that our Village Treasurer has done an excellent job in modernizing so many aspects of our financial governance this past year. Now that a variety of modernization projects are completed, I look forward to seeing process improvements in this area as well in the year ahead.” Village Board of Trustees Meeting 12/14/2021 480 ******** Trustee Lewis Trustee Lewis stated that the next resolution is in regard to the Internal Control Policy. He noted that in the back of the package there is a good memo from the Village Treasurer about why some of the important changes have occurred. There is a number of important steps forward here for those sustainably minded. He noted that there has been a lot of editing out the need to print out paper copies in gold or blue or green because we are now highly technological in our approach thanks to the Village Treasurer. Upon motion entered by Trustee Lewis and seconded by Trustee Crandall, the following resolution regarding Adopting the 2021-2022 Internal Control Policy, was approved by a unanimous vote: WHEREAS, New York State General Municipal Law (GML) Section 104-b requires the Village Board to review its procurement policies and procedures on an annual basis; and WHEREAS, the Village Board last reviewed and adopted the Internal Control Policy #201 of the VILLAGE OF SCARSDALE ADMINISTRATIVE POLICIES & PROCEDURES MANUAL on October 22, 2019; and WHEREAS, staff reviewed and discussed the Internal Control Policy and recommends modifications to the existing policy, as indicated with tracked changes in the draft policy attached herein; now, therefore, be it RESOLVED, that the Internal Control Policy be adopted in accordance with the attached document dated December 14, 2021, titled “Internal Control, Policy # 201, December 14, 2021.” ******** Trustee Brew Mayor Veron stated that the Board will now head into the vote on both the Cannabis Opt-out legislations as well as the smoking law. She stated that a public hearing was held, and the Board has received tremendous input from the community. At this moment the Board is going to entertain the legislation entitled “Smoking”. Deputy Mayor Arest suggested an amendment to the Smoking Law to reflect a correction to Section 252-1, Definition – (NDS) amended to read (ENDS) – motion entered by Deputy Mayor Arest, seconded by Trustee Crandall and carried by a unanimous vote. Village Board of Trustees Meeting 12/14/2021 481 Trustee Crandall stated that it is her hope that this tougher no smoking legislation, together with meaningful enforcement will send a strong signal that public tobacco and marijuana consumption are not welcome here in Scarsdale. She asked that her colleagues on the Village Board, as well as Village staff, allocate adequate resources during their upcoming budget talks to make this law meaningful. We especially have to discourage the consumption of marijuana and tobacco products by our young people in Harwood Park, which is a known smoking location right next to Scarsdale High School. Mayor Veron gave tremendous thanks to Trustees Crandall and Brew for shepherding this process, this has been a long, detailed and informative significant engagement process to get the Board to this tonight. The following Local Law creating Chapter 252 of the Scarsdale Village Code Entitled “Smoking” was adopted by a motion entered by Trustee Crandall, seconded by Trustee Arest and carried by the vote indicated below: INTRODUCTORY LOCAL LAW # 10 OF 2021 A LOCAL LAW CREATING CHAPTER 252 OF THE SCARSDALE VILLAGE CODE ENTITLED “SMOKING” BE IT ENACTED by the Board of Trustees of the Village of Scarsdale as follows: Section 1: Purpose and Intent: The Board of Trustees finds that it is necessary to provide a smoke-free environment for members of the public using Village facilities or land and for Village employees in accordance with section 1399-o of the Public Health Law of New York State, while helping to protect air quality. Section 2: The Village Code of the Village of Scarsdale is hereby amended to add a new Chapter 252 entitled “Smoking” to read as follows: “§ 252-1. Definition. The words and phrases set forth below have the following meanings when used in this chapter: SMOKING The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, or cannabis or cannabinoid hemp as such terms are defined in section 3 of the New York State Cannabis Law, including the use of an electronic smoking device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device, or any electronic nicotine delivery system (ENDS). Village Board of Trustees Meeting 12/14/2021 482 § 252-2. Restrictions. A. The following shall be a violation of this chapter: (1) Smoking within any building or structure, including any main entrance to such facilities, owned, and controlled by the Village of Scarsdale. (2) Smoking anywhere within the confines of the Village of Scarsdale Swimming Pool Complex or on any playfield, playground, park, or parking lot owned or operated by the Village of Scarsdale. (3) Smoking within any vehicle owned by the Village of Scarsdale. (4) Smoking upon any street or sidewalk owned by the Village of Scarsdale and located within the Village Center Area District as defined in section 310-12 of this Code, or upon any street or sidewalk owned by the Village of Scarsdale and located within the Village’s Business A, Business C, and Buffer Parking zones. B. Smoking indoors in the Village of Scarsdale shall be governed by the Article 13-E of the New York State Public Health Law, which is also known as the Clean Indoor Air. § 252-3. Penalties for offenses. Each violation of § 252-2 shall be a violation punishable by a fine of not more than $100.00. The penalty provided in this section shall be in lieu of all other penalties prescribed in this Code. § 252-6. Other applicable laws. This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws, rules or regulations.” Section 3. Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any part of this local law which can be given effect without such valid part or parts. Section 4: Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. AYES NAYS ABSENT Trustee Ahuja None None Deputy Mayor Arest Trustee Brew Trustee Crandall Trustee Lewis Village Board of Trustees Meeting 12/14/2021 483 Trustee Whitestone Mayor Veron ******** Trustee Crandall Trustee Crandall stated that the next item is the adoption of a local law pursuant to New York State Cannabis Law Section 131, providing for the opt out by the Village Board of Trustees of licensing and establishing retail cannabis dispensaries and on-site consumption establishments within the boundaries of the Village of Scarsdale. She stated, “I am going to proceed with the vote on this local law with two separate motions. The first motion is with respect to opting out of licensing and establishing retail cannabis dispensaries pursuant to New York State Cannabis Law Section 131 in the Village of Scarsdale. Motion seconded by Trustee Brew. Trustee Crandall then asked if there were any discussion from her fellow Board members. Trustee Brew stated that her charge as a Trustee is to consider information and make a determination to avail herself of data and use logic, not preconceived opinions to make a decision. She stated that she’s done that now, with this very emotional issue. The Board has spent a lot of time listening to the community and debating the issue. Trustee Brew stated that the following are some of the key considerations that are influencing her. There is much research that shows that prohibition in the 20s and early 30s did not limit the amount of alcohol consumed, it only changed the locations of procurement and consumption. New York State conducted a thorough cannabis impact assessment that considered the health, public safety, criminal justice, economic, and educational impacts of a regulated marijuana program in New York State. This impact assessment involved a public health approach to examining the benefits and risks associated with legalizing marijuana in New York State as compared to maintaining the status quo. They found that marijuana is easily accessible in the unregulated market and that the status quo has not curbed marijuana use, including among the 12- to 17-year-old population. The Scarsdale High School pride survey proves that out. 17.9% of our high school students have consumed marijuana in the past 30 days. That is almost one in five; that's a huge number and the data is from pre- legalization. If they want it, they will get it, and what they get illegally from drug dealers that are on the internet is far more concerning as it can be laced with anything, including deadly fentanyl. Trustee Brew continued, stating that people have talked about not wanting to increase access by having a dispensary in town, but whether or not there is a dispensary in Scarsdale will not meaningfully impact access. As our kids get older, we don't necessarily know the parents of their friends. When your child goes to a friend's house, do we know if they have a secured liquor cabinet, or is it free access? Do they have a stash of marijuana or edibles that the kids can get into? Raiding a home supply is a much easier access and trying Village Board of Trustees Meeting 12/14/2021 484 to get into a State licensed dispensary in town where they will be seen, and they will have to show real IDs proving they are 21 years old. The New York State impact assessment recognized that marijuana is right now easily accessible in the unregulated market. Regulation of marijuana at least benefits public health by enabling government oversight of the production, testing, labeling, distribution and sale of marijuana. If a dispensary in town does not impact accessibility, then we are really only talking about messaging. She believes that there are much stronger, more direct ways to message the dangers of underage marijuana use to our youth. Trustee Brew stated that we need proactive education and some tough conversations to really guide our children on the dangers of alcohol and marijuana on the developing brain, and the fact that some substances that are okay for adults and that they see adults buying and consuming are not okay for the under-aged. 38% of our high schoolers reported using alcohol in the past 30 days and she doubts that they're getting it at Zachys. Almost 20% have used marijuana. We have not been able to stop this age group from experimenting with illicit substances, but we have been able to educate them on the dangers through in school programs and guest speakers. They are required to attend to get a senior parking pass, and they're taught about the dangers of drinking and driving. Trustee Brew stated that she and Trustee Crandall, co-chairs of the law enabler, have dug deep into research and data around marijuana legalization and they are both leaning towards voting against opting out of dispensaries. She stated that she feels that opting out of a cannabis dispensary is like trying to put a Band-Aid on a gunshot wound; you might feel better that you've done something but you're not solving the problem at all. She asked that they look at the data and make unemotional determinations and put their time, energy and resources behind making a real impact. Trustee Whitestone spoke next, stating that this is a very valuable process that the Board has gone though. He stated that they may agree or disagree on the specifics of the decision that they are about to make, but they had to make that journey and they were very well informed by Trustees Crandall and Brew and all their research, and by the community and its outreach. Trustee Whitestone stated that they know is decision; he has been pretty consistent that he is going to vote to opt out. Optionality appeals quite a bit to him. He stated that he is liaison to the Drug and Alcohol Task Force, and he knows that there is more they can do in the education front, but he is excited by what they're talking about, particularly with the recent White House Drug Free Community grant. Therefore, he is going to vote to opt out, but stated that he is very respectful of the process and a conversation that we really needed to have and for any suggestion that we didn't need to have this conversation doesn't really understand that (a) it's been legalized, (b) it's in the community, and (c), as Trustee Brew said, youths are going to get to this substance, so we have to be realistic about it,. but I, I think it was a valid attorney for us to have taken. Village Board of Trustees Meeting 12/14/2021 485 Deputy Mayor Arest stated that he wanted to say that he will refer to his comments made at the public hearing, and that he is happy to continue the conversation if anyone's interested going forward. Mayor Veron stated that she wanted to underscore the comments made by Trustee Whitestone regarding process. It was essential to have the conversation, and she wanted to thank the community for their extensive involvement in the dialogue. This engagement enabled the Board to formulate views informed by the interest of the community. She stated that it is actually an honor for the Board to represent the community, and the community who is so deeply interested in the outcomes and, as she shared during the public hearing, she unequivocally supports the resolution to opt out of both dispensaries and lounges. She believes that this decision most closely aligns with the current desires of the community and does not preclude the Board making a different determination later as they gather more information; but again, the process is most important, and she expects them all to come to these conversations with different perspectives, which affords healthy debate and, ultimately, a very good outcome. As there was no further discussion, Trustee Crandall stated that she would share her comments. She stated that, “the primary objection to allowing recreational marijuana dispensaries in Scarsdale is that the opening of a dispensary would signal to youth that underage consumption is okay. I wish it were that easy to discourage our young people from trying out risky, dangerous behaviors. There needs to be more research and publicity regarding the greater risks of addiction, loss of intelligence and serious mental health impacts facing your people with developing brains. Throughout our public work sessions and hearing, the Village Board has heard from local physicians, including psychiatrists, about these serious youth-specific dangers, but society at large has not focused on them. Instead, what do our children witness? Only the glamorous world portrayed in movies and on social media. What can we really do to protect our kids? We have to broadcast the dangers. Reporters, please help get out the word that marijuana isn’t safe for kids. Parents, please take advantage of the parenting groups offered by Scarsdale Edgemont Family Counseling Service to learn more about how you can discourage your child from experimenting. I know it isn’t easy. Our kids are smart, and they already know how to get it and how to hide their consumption. Here’s a helpful hint for parents: it doesn’t always smell. And adults, just because something is “natural” doesn’t mean it can’t’ hurt you too. Just think of the adverse effects of grapefruit on certain prescription medications. Please talk to your physician before trying any of these now legal products and be careful. Even though I am ware of the potential dangers of marijuana consumption, the fact remains that our State has legalized it and is working on ways to regulate the market to help responsible adults find safe products. It’s a lot like alcohol. It harms kids, it’s potentially addictive, it can lead to risky behaviors, it impairs one’s ability to drive safely and it can interfere with prescription medications. Marijuana and alcohol are both problematic, but the Village Board of Trustees Meeting 12/14/2021 486 illicit market is inherently dangerous. And there are responsible, respectable adult consumers in our community who would appreciate a safe, local source. I’m not going to further stigmatize them by saying “no” to a dispensary. The State has created meaningful zoning setbacks from schools and places of worship that have greatly reduced potential locations for a dispensary in our Village Center. Scarsdale Village government also has the right to impose additional time, place and manner restrictions. In my opinion, we have enough tools available to safely say “yes” to this highly regulated, legal business. Our municipality is going to be faced with additional expenses stemming from the legalization of marijuana whether or not we allow dispensaries. We could use the additional tax revenue from sales within our boundary. If we opt out, we lose out on this additional steady stream of funds. I’ve been studying this topic for months. I initially had concerns, but I am now comfortable voting “no” to opting out of allowing marijuana dispensaries in Scarsdale.” Trustee Crandall then requested Deputy Clerk Regazzi for a roll call vote. Before voting, Trustee Lewis stated that he would like to say how grateful he is to Trustees Brew and Crandall for the leadership on this issue; he thinks that they have done an extraordinary job educating the entire community and the Board and also wanted to second the numerous comments about process being so important here. He also stated that he wanted to be unambiguous in his position that if there was not this free option to make a decision at a later date when we have more information, he would side with Trustees Brew and Crandall because he thinks that their arguments are crystal clear, and they persuade him. However, because of free option, he believes the Board should opt out, and so therefore he will vote yes. Upon motion entered by Trustee Brew and seconded by Trustee Crandall, the following local law pursuant to Cannabis Law Section 131 Opting Out of Licensing and Establishing Retail Cannabis Dispensaries and/or On-Site Cannabis Consumption Establishments within the Village of Scarsdale was adopted by the vote indicated below (5-2) – the first vote of the Board of Trustees below is based on the licensing and stablishing of retail cannabis dispensaries within the Village of Scarsdale; the vote regarding on-site Cannabis Consumption Establishments within the Village of Scarsdale follows): Local Law № 11 of 2021 A LOCAL LAW ADOPTED PURSUANT TO CANNABIS LAW § 131 OPTING OUT OF LICENSING AND ESTABLISHING RETAIL CANNABIS DISPENSARIES AND/OR ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS WITHIN THE VILLAGE OF SCARSDALE Village Board of Trustees Meeting 12/14/2021 487 BE IT ENACTED by the Board of Trustees of the Village of Scarsdale, New York, as follows: Section 1. Legislative Intent It is the intent of this local law to opt the Village of Scarsdale out of hosting retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries. Section 2. Authority This local law is adopted pursuant to Cannabis Law § 131, which expressly authorizes cities and villages to opt-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries. Section 3. Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out The Board of Trustees of the Village of Scarsdale, County of Westchester, hereby opts-out of licensing and establishing cannabis retail dispensaries and/or cannabis on-site consumption establishments within its boundaries. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. Pursuant to Cannabis Law § 131, this local law is subject to a permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition, or a referendum has been conducted approving this local law. AYES NAYS ABSENT Trustee Ahuja Trustee Brew None Deputy Mayor Arest Trustee Crandall Trustee Lewis Trustee Whitestone Mayor Veron Village Board of Trustees Meeting 12/14/2021 488 With regard to the above referenced local law, Trustee Crandall also entered a motion with respect to opting out of licensing and establishing on-site cannabis consumption establishment pursuant to New York State Cannabis Law Section 131 in the Village of Scarsdale. Motion seconded by Trustee Brew, and adopted by the vote indicated below: Before voting on this aspect of the law, Trustee Brew stated that she feels very differently about onsite consumption establishes because, by definition, people are consuming, having the effects and then getting in cars and driving which puts it in a whole different category for her, and one where without the ability to test for the presence of the substance in a driver, it makes for a terrible public safety issue. AYES NAYS ABSENT Trustee Ahuja None None Deputy Mayor Arest Trustee Brew Trustee Crandall Trustee Lewis Trustee Whitestone Mayor Veron ******** Trustee Crandall stated that with respect to the next resolution regarding a proposed addition to the telecommunications, she wanted to remind the public that the full text of the draft legislation can be found on the Village’s website at www.scarsdale.com. In addition to speaking at the public hearing, residents or interested community members may email any comments to mayor@scarsdale.com with a copy to clerk@scarsdale.com. Trustee Crandall stated that this is a technical piece of legislation and the comments the Board have received from the public, mostly from Scarsdale residents Roberg and Zoe Berg, have been most helpful and along those lines, before she moves on to scheduling a public hearing for the amendment, she thanked everyone who worked on this – the Mayor, the Village Manager, Village Attorney, and Village staff including Village Planner Cutler, and Assistant to the Village Manager Katzin. There have been many hours spent on this. Trustee Crandall stated that she would first like to move to amend the local law to include notice at the time of application in the appropriate provisions to the Scarsdale Neighborhood Association President and the Neighborhood Association Presidents within the neighborhood where the application is being made, as well as including an appeals process in the appropriate section and inclusion of expanding the notice requirement from 500 feet to 1000 feet. She stated that these suggestions stem from an email that the Board received from Mr Robert Berg before this meeting. Amendment to the local law seconded by Trustee Brew and carried by a unanimous vote. Village Board of Trustees Meeting 12/14/2021 489 Upon motion entered by Trustee Crandall, and seconded by Trustee Lewis, the following resolution regarding calling for a Public Hearing on a Local Law Amending the Scarsdale Village Code to Add a New Chapter 306 Entitled “Wireless Telecommunications Facilities” and to Repeal Article CII of Chapter 310-Zoning, Entitled Wireless Telecommunications Facilities, was approved by a unanimous vote: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale at 8:00 PM on Tuesday, January 11, 2022, to be held at Rutherford Hall in Village Hall, 1001 Post Road, Scarsdale, New York, and via Zoom video conferencing service to consider a proposed local law add a new Chapter 306 entitled “Wireless Telecommunications Facilities” to provide for certain standards and regulations relating to wireless telecommunications facilities within and outside of the Village’s public rights-of-way, and to repeal Article XII of Chapter 310 – Zoning, entitled “Wireless Telecommunications Facilities”; and be it further RESOLVED, that members of the public wishing to present comments may do so in person or online during the public comment phase of the hearing by accessing the meeting at https://zoom.us/j/93183703358, or by calling-in using 1-929-436-2866 and entering the Meeting ID, 931 8370 3358; and be it further RESOLVED, that the Village Clerk is hereby directed to publish notice of said hearing pursuant to Village Law. AYES NAYS ABSENT Trustee Ahuja None None Deputy Mayor Arest Trustee Brew Trustee Crandall Trustee Lewis Trustee Whitestone Mayor Veron ******** Deputy Mayor Arest suggested that the Village reach out to various organizations in the Village to opine on the proposed local law, especially the School District. The School District will need time as they have a process they must go through if they send a formal letter to the Board of Trustees. ******** Village Board of Trustees Meeting 12/14/2021 490 Upon motion entered by Trustee Crandall and seconded by Trustee Ahuja, the following resolution regarding Acceptance of Public Drainage Easement Dedication – 72 Mamaroneck Road was approved by the vote indicated below: WHEREAS, Deborah and Benjamin Hochberg, are the owners (hereinafter “Owner”) of certain real property located at 72 Mamaroneck Road (hereinafter “Property”), as shown on the official tax map of the Village of Scarsdale as Section 14 Block 04, Lot 03; and WHEREAS, at the time when the Owners consulted with Village staff regarding the feasibility to reconstruct new single-family residences on this property to replace an existing dwelling that sustained irreparable damage from a structural fire in early 2019, it was discovered that a series of storm drainage pipes 15-inch and 24-inch diameters traversed through the Owner’s property along the southerly side yard and westerly rear yard setbacks, said drainage pipes more accurately described in “Schedule B”, attached hereto, and depicted in a survey “Schedule C”, also attached hereto; and WHEREAS, a search of Village GIS data and drainage maps confirmed a municipal drainage system serving Mamaroneck Road and Murray Hill Road located on the property; and WHEREAS, a search of Westchester County Clerk, Division of Land Records did not provide any dedication and conveyance to the Village; and WHEREAS, as a condition of Village approvals for permit related to the construction of a single-family residence, the Owner was required to enter into a perpetual easement agreement with the Village of Scarsdale to allow the Village to maintain, repair and replace the drainage pipes and appurtenances through the portion of the Property, more accurately described in “Schedule A” and written descriptively in “Schedule B”, and depicted in “Schedule C”; and WHEREAS, the Owner would bear all costs associated with the preparation of land surveys, easement boundaries and written description of metes and bounds for said easement (herein “Survey Work”); and WHEREAS the condition of Village approval for permits required the execution of the easement agreement with the Village prior to issuance of Certificate of Occupancy; and WHEREAS, the Owner has commissioned and submitted all the necessary Survey Work for which the Village Engineer has reviewed and forwarded to the Village Attorney for consideration; and Village Board of Trustees Meeting 12/14/2021 491 WHEREAS, the easement agreement conveying access to the drainage system was prepared by the Village Attorney in consultation with the Owner’s Attorney and has been reviewed and approved as to form by the Village Attorney, Superintendent of Public Works, and Village Engineer, and that the drainage system conforms with the accompanying easement, along with the aforementioned “Schedule A”, “Schedule B” and “Schedule C”; now, therefore, be it RESOLVED, that pursuant to New York State Village Law §4-412(3)(1), the Board of Trustees of the Village of Scarsdale hereby accepts the dedication of the public drainage line, more accurately described in “Schedule A”, “Schedule B”, and “Schedule C”, attached hereto and made part hereof; and be it further RESOLVED, that the Village Manager is herein authorized to execute all necessary documents, accepting the drainage line and the accompanying easement over said drainage line, more accurately described in “Schedule A”, “Schedule B”, and “Schedule C”; and be it further RESOLVED, that the Owner, Deborah and Benjamin Hochberg or their representative shall record the offer of dedication and easement in the Office of the Clerk of the County of Westchester, Division of Land Records. AYES NAYS ABSENT Trustee Ahuja None None Deputy Mayor Arest Trustee Brew Trustee Crandall Trustee Lewis Trustee Whitestone Mayor Veron ******** Upon motion entered by Trustee Crandall and seconded by Trustee Ahuja, the following resolution regarding Acceptance of a Gift from Experian PLC was approved by a unanimous vote: WHEREAS, in recognition of the Scarsdale Fire Department’s provision of essential public safety services to the Scarsdale community, Experian PLC, desires to donate $5,000 to the Department toward the purchase of equipment Village Board of Trustees Meeting 12/14/2021 492 and training deemed most important to assist in the safety of Scarsdale’s firefighters and the public; and WHEREAS, pursuant to Policy #106 of the Village of Scarsdale Administrative Policies and Procedures Manual entitled, “Gifts to the Village of Scarsdale”, acceptance of all gifts valued at $500 or more must be approved by the Village Board of Trustees; now, therefore, be it RESOLVED, that the Village Board of Trustees hereby accepts the gift of $5,000 from Experian PLC; and be it further RESOLVED, that the Village Treasurer deposit the $5,000 gift into the Fire Department Gift Account (#TE 93-09); and be it further RESOLVED, that the Village Board of Trustees hereby extends its thanks and appreciation to the members of Experian PLC for their generosity. ******** Trustee Whitestone Upon motion entered by Trustee Whitestone and seconded by Trustee Crandall, the following resolution regarding Authorization of Change Order for VM Contract #1275 – Cable Television Broadcast Audio Upgrades was approved by the vote indicated below: WHEREAS, VM Contract #1275 – Cable Television Broadcast Audio Upgrades, was awarded by the Village Board on June 22, 2021, to the lowest responsible bidder, Com Tech, Inc., 434 Wormer Road, Vorhees, NY 12186, for a total contract award of $61,195; and WHEREAS, during the course of the project, a need arose for facilitating hybrid remote-and-in-person meetings in Village Hall with cable television operations managed within the meeting rooms; and WHEREAS, these additional upgrades necessitate a change order to the original project scope, which adds camera and video controls, in-room displays, and hybrid functionality to utilize video conferencing services to broadcast public meetings to the community; and WHEREAS, the aforementioned changes are estimated to cost $28,356, summarized change order attached herein, to facilitate the upgrades necessary for seamless and effective cable television operations in Village Hall; and Village Board of Trustees Meeting 12/14/2021 493 WHEREAS, funding for the project is available from the H 909-.08, CATV Special Reserve Account, established through financial contributions made by cable television providers pursuant to our cable franchise agreements, said funding necessitating a transfer to the capital project account for this project, H-1997-961 2021-113 Eqp-CATV- Broadcast System Upgrade Account; now, therefore, be it RESOLVED, that in accordance with Section 2.9 of the Village of Scarsdale Internal Control Policy #201, the Village Manager is hereby authorized to execute the attached change order to VM Contract #1275, with Com Tech, Inc., 434 Wormer Road, Voorheesville, NY 12186, totaling $28,356; and be it further RESOLVED, that $28,356 be appropriated from H 909-.08, CATB Special Reserve Account, a restricted account, to Capital Project H-1997-961 2021- 113 Eqp-CATV-Broadcast System Upgrade account, to support eligible expenses. AYES NAYS ABSENT Trustee Ahuja None None Deputy Mayor Arest Trustee Brew Trustee Crandall Trustee Lewis Trustee Whitestone Mayor Veron ******** Upon motion entered by Trustee Whitestone and seconded by Trustee Crandall, the following resolution regarding Authorization to Execute an Interagency Agreement with Southeast Consortium for Special Recreation Services, Inc. was approved by the vote indicated below: WHEREAS, South East Consortium for Special Services, Inc., 740 West Boston Post Road, Suite 318, Mamaroneck, NY 10543, (“Consortium”), is a voluntary not-for-profit corporation with the sole purpose of providing 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 (including their Village Board of Trustees Meeting 12/14/2021 494 incorporated Villages), the Villages of Port Chester and Rye Brook, and the Town/Villages of Harrison and Scarsdale; and WHEREAS, the Consortium has provided valuable recreation services to the Village of Scarsdale continuously for approximately 40 years, benefitting persons with disabilities and their families by promoting physical health and psychological well-being through the provision of specially designed recreation programs, activities, and events, both online and in-person, including such examples as a five-week Virtual Camp launched in 2020 in response to COVID-19 restrictions; and WHEREAS, pursuant to the proposed agreement, the Village of Scarsdale’s contribution is $16,334 for the 2021 program year, an amount unchanged since 2008, for residents to access programs and services seven days per week, every month of the year; now, therefore, be it RESOLVED, that the Village Manager is hereby authorized to execute the 2021 annual Interagency Agreement with South East Consortium for Special Services, Inc., in substantially the same form as attached hereto, to provide special recreation programs for Scarsdale residents with disabilities and further to execute any administrative acts as may be required pursuant to the Agreement; and be it further RESOLVED, that the $16,334 annual fee for the services provided in the Interagency Agreement be charged to the Recreation Department Operating Budget Account #A-7020-REC-DISAB-400 499 and. AYES NAYS ABSENT Trustee Ahuja None None Deputy Mayor Arest Trustee Brew Trustee Crandall Trustee Lewis Trustee Whitestone Mayor Veron ******** Upon motion entered by Trustee Whitestone and seconded by Trustee Crandall, the following resolution regarding Acceptance of a Gift from Heathcote Athletic Association was approved by a unanimous vote: WHEREAS, in an effort to more efficiently manage the Neighborhood Athletic Association programs, in 2015, the Village of Scarsdale Department of Parks, Recreation and Conservation (PRC) commenced the Village Board of Trustees Meeting 12/14/2021 495 process of collecting fees and purchasing supplies and equipment for participants of the Neighborhood Athletic Association, a task once performed by the Heathcote Athletic Association; and WHEREAS, the Heathcote Athletic Association is desirous of gifting a sum of $5,900 remaining in the organization’s bank account which was previously collected to pay for supplies and equipment for participants of the Neighborhood Athletic Association, as stated in a letter dated October 27, 2021, from Jon Libman, President of Heathcote Athletic Association; and WHEREAS, it is the desire of Mr. Libman that the gifted funds be used by the PRC to purchase supplies and athletic equipment for athletic programs; and 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 Board of Trustees hereby accepts the gift of $5,900 for use by PRC to pay for athletic supplies and equipment for Village athletic programs; and be it further RESOLVED, that the Board of Trustees hereby extends their thanks and appreciation to Jon Libman and the Heathcote Athletic Association for this generous gift to the community. ******** Written Communications Deputy Village Clerk Regazzi reported that eighteen (18) communications have been received since the last regular Board of Trustees meeting. All of these written communications may be viewed on the Village’s website at www.scarsdale.com under Written Correspondence. • An email from Robert Berg, 17 Black Birch Lane, with a bulleted list of newly enacted provisions to the City of Ithaca’s Wireless Code for consideration of the Village Board. • An email from Madelaine Eppenstein, 18 Autenrieth Road, in support of banning gas leaf blowers in the Village. • A letter from Thomas and Gail Giordano, 3 Montgomery Road, expressing their concerns about potential dog park facilities. Village Board of Trustees Meeting 12/14/2021 496 • An email from Susan Levine, Ardmore Road, regarding ‘No Idling Signs’ and an existing Westchester County Law that regulations the idling of vehicles. • Fourteen communications have been received with regard to the proposed Local Law to Opt-out of State Cannabis Law Section 131. They were received from the following: Madelaine Eppenstein, 18 Autenrieth Road William Stern, 20 Rural Drive Dr. Linda Richter, Edgemont Resident Joyce & Jerry Hirsch, 50 Popham Road Sally & Robert Hecht, 328 Heathcote Road Marilyn Hahn, 50 Popham Road Susan & Stephen Samtur, 40 Herkimer Road Merle Brenner, 1 Christie Place West Brent Campbell, 267 Madison Road Lisa & Mathias Bostrom, 64 Bradford Road Joshua Mitts, Edgewood Anne Schager, 58 Garden Road Dr. Kimberly Greene-Liebowitz Scarsdale Board of Education ******** There being no further business to come before the Board, the meeting adjourned at 10:44 p.m. on a motion entered by Deputy Mayor Arest, seconded by Trustee Brew and carried by a unanimous vote. Respectfully submitted, Donna M. Conkling For the Village Clerk’s Office