Board of Trustees

JANE E. VERON ROBERT A. COLE MAYOR VILLAGE MANAGER SAMEER AHUJA OFFICE OF THE KAREN L. BREW VILLAGE MANAGER JEREMY A. GANS VILLAGE HALL JONATHAN LEWIS 1001 POST ROAD KENNETH L. MAZER SCARSDALE, NY 10583 RANDALL B. WHITESTONE 914.722.1110 TRUSTEES WWW.SCARSDALE.COM December 27, 2022 Village Board Limited Agenda Meeting – 8:30 AM - via Zoom The Village Board will conduct the meeting virtually via Zoom. Members of the public wishing to participate can do so 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. 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. Pursuant to NYS Open Meetings Law Section 104(4) Trustee Ahuja will participate remotely via videoconferencing from 11 Weeping Birches Lane, Thornton, NH 03285 Trustee Brew will participate remotely via videoconferencing from 29 Ferncliff Road, Scarsdale, NY 10583 Trustee Gans will participate remotely via videoconferencing from One South County Road, Palm Beach, FL 33480 Trustee Lewis will participate remotely via videoconferencing from 56 Woods Lane, Scarsdale, NY 10583 Trustee Mazer will participate remotely via videoconferencing from 130 Sunrise Avenue, Suite #302, Palm Beach, FL 33480 Mayor Jane Veron will participate remotely via videoconferencing from 759 Stratton Mountain Access Road, Stratton, VT 05155 Trustee Whitestone will participate remotely via videoconferencing from 94 Sprague Road, Scarsdale, NY 10583 Roll Call ________________________ Minutes ➢ Village Board Meeting of December 13, 2022 ________________________ Bills ➢ Trustee Ahuja ________________________  Future Meeting Schedule Tuesday, January 10, 2022 ➢ 6:00 PM– Village Board Work Session ________________________ ➢ 8:00 PM – Village Board Regular Meeting ________________________ Motion to Adjourn Village Board of Trustees Meeting 12/13/2022 385 THREE THOUSAND FOUR HUNDRED TWELFTH REGULAR MEETING Rutherford Hall & Video Conference Via Zoom December 13, 2022 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held on Tuesday, December 13, 2022, at Rutherford Hall and via video conference (Zoom) at 8:05 p.m. Present in person were Mayor Veron, and Trustees Ahuja, Brew, Gans, Lewis, Mazer, and Whitestone. Also present were Village Manager Cole, Deputy Village Manager Marshall, Village Treasurer Scaglione, Village Counsel Ward-Willis, and Village Clerk Emanuel. ******** Minutes The minutes of the Board of Trustees Regular Meeting of Monday, November 7, 2022, and the Board of Trustees Regular Meeting of Tuesday, November 22, 2022, were approved on a motion entered by Trustee Lewis, seconded by Trustee Brew, and carried unanimously. ******** Bills & Payroll Trustee Mazer reported that he had audited the Abstract of Claims dated December 13, 2022, in the amount of $2,792,469.17 which included $93,229.38 in Library Claims previously audited by a Trustee of the Library Board. Upon motion duly made by Trustee Mazer and seconded by Trustee Whitestone, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated December 13, 2022, in the amount of $2,792,469.17 is hereby approved. ******** Village Board of Trustees Meeting 12/13/2022 386 Mayors Comments Mayor Veron provided the following statement: “Good evening, Scarsdale As the year is coming to a close, we, here in the Village, are busily preparing for 2023-2024 and beyond. Earlier this evening, as part of our budget planning, we took a comprehensive look at the Village’s capital needs. Board and staff decided to accelerate these investment discussions because our capital needs will require multiple conversations during the budget cycle. For years, we had been deferring important investments, both in infrastructure and key assets. You might recollect that last year, we allocated capital to begin playing catch up on our fleet. DPW vehicles are necessary to repair our roads, pick up trash, and perform other critical public services, as our aged trucks and other equipment have become unreliable and expensive to continue repairing. That’s just one example of many. To ensure Scarsdale remains a great place to live, we need to continue to confront our needs and reinvest in our future. One of the major capital projects that we’ve discussed over the past 18 months is our beloved pool complex. Built in 1968, the pool complex has outlived its useful life and is existing on borrowed time. In our extensive outreach efforts, our community unequivocally affirmed their commitment to the pool, and we will most definitely replace our community gem. At our fall meeting, the consultants from Lothrop Associates developed two high level concepts based on our survey results: the first, a year-round facility and the second, a seasonal pool complex. Since that meeting, the Pool Special Assignment Committee, comprised of Trustee Ahuja, Trustee Brew, and myself along with Village Manager Cole, worked with the consultant team and conducted independent research, gathering information to determine whether a year round pool facility was viable for Scarsdale. At last week’s work session, findings were presented to the full board for discussion. As a threshold matter, the Board had to evaluate whether the Village could absorb the financial requirements and operational complexities of a year-round facility. As stated in our press release issued Wednesday, December 7, “the Board came to a consensus that the construction and operating costs would be prohibitive, and that the financial commitment necessary to build and operate a year-round facility could limit the Village’s funding flexibility and capacity for other critical infrastructure and budgetary needs. Simply put, the financial risk exceeds the threshold that our Trustees, as responsible stewards of public funds, are able to accept…Scarsdale will now move forward with our consultants, Lothrop Associates to develop schematic design for a renovated seasonal pool complex. The Board looks forward to working with community groups and Scarsdale residents to shape and refine an appealing pool complex that best serves all members of our community, while preserving and honoring the essence of the pool experience, with its distinctive natural setting and easygoing, welcoming feel. It is our goal to provide all of Scarsdale with a sense of inclusion and belonging. That special Scarsdale ethos was on full display in our Village Center earlier this month during our magical Light the ‘Dale event. With estimates of 2000 people in attendance, Light the ‘Dale offered something for everyone with a full program of festive music and activities, all thanks to our dedicated Village staff who managed every detail. Lights sparkled on our tree and menorah and the Village Center was packed with young families, empty nesters and seniors, all enjoying one another’s company, As I said in my remarks, “if we build it, they will come”, and Scarsdale Village Board of Trustees Meeting 12/13/2022 387 does not disappoint. When given the opportunity to come together, side by side with neighbors, family and friends, we show up and together we create lasting memories. As this year winds to a close, we await with eager anticipation all that is in store for Scarsdale in 2023. On behalf of the entire Board, we wish you and your family a joyous holiday season and very happy new year.” ******** Manager’s Comments Village Manager Cole acknowledged the leaf program team for their hard work as the season is ending, and thanked Superintendent Jeff Coleman and his team for their stellar work at completing a difficult job. Village Manager Cole also mentioned that this team will soon switch gears to plowing streets of snow as the Winter season is upon us. ******** Public Hearing Trustee Gans introduced a public hearing scheduled for this evening on a proposed local law to amend Chapter 132 of the Scarsdale Village Code, concerning Building Construction and Fire Prevention. The public hearing was opened on a motion entered by Trustee Lewis; seconded by Trustee Mazer and approved by a unanimous vote. As there were no public comments offered, Trustee Lewis moved that the public hearing be closed; seconded by Trustee Brew and approved by a unanimous vote. ******** Trustee Whitestone introduced a public hearing scheduled for this evening on a proposed local law to amend Chapter 310 of the Scarsdale Village Code, entitled “Zoning”, concerning Lot Coverage. The following speakers provided comments: 1. Bob Harrison; 65 Fox Meadow Road 2. Douglas Ulene; 7 Cayuga Road The public hearing was opened on a motion entered by Trustee Lewis; seconded by Trustee Brew and approved by a unanimous vote. Village Board of Trustees Meeting 12/13/2022 388 As there were no further public comments offered, Trustee Gans moved that the public hearing be closed; seconded by Trustee Ahuja and approved by a unanimous vote. ******** Trustee Whitestone introduced a public hearing scheduled for this evening on a proposed local law to amend Chapter 254 of the Scarsdale Village Code, entitled “Stormwater Management”, concerning Stormwater Runoff in Adjacent Property Buffer Areas. The public hearing was opened on a motion entered by Trustee Lewis; seconded by Trustee Ahuja and approved by a unanimous vote. The following speakers provided comments: 1. Helen Maccarino; 83 Cushman Road 2. Shari Beckman; 75 Garden Road 3. Bob Harrison; 65 Fox Meadow Road As there were no further public comments offered, Trustee Lewis moved that the public hearing be closed; seconded by Trustee Brew and approved by a unanimous vote. ******** Public Comment Bob Harrison; 65 Fox Meadow Road, states that he has previously expressed concern for maximizing management of the approximate $40 million of unassigned find balance and what the current returns are on that money. The Village Treasurer previously updated Mr. Harrison on what the investment returns were a few weeks ago, but Mr. Harrison notes that the market is dynamic. The Federal Reserve Board will need to decide on interest rates in the next day and Mr. Harrison suggests they may raise rates by 50 basis points after they have has four 75 basis point increases this year, so it is imperative we maximize return for tax payers. In Mr. Harrison’s last communication with the Village Treasurer, 3-month treasury bills were yielding a meager 2.26% and current rates are at 4.6%. Mr. Harrison mentions that $10 million were to mature on October 27, 2022 and inquires on where that money has gone. He also flags that $5 million in 6-month bills yielding 2.2% is set to mature on December 15, 2022, $15 million in 6-month bills yielding 2.25% is set to mature on December 22, 2022, and $12 million in 6-month bills yielding 2.74% set to mature on January 26, 2023. Mr. Harrison anticipates being updated and suggests the bills be closed out and reinvested at today’s rates. ******** Village Board of Trustees Meeting 12/13/2022 389 Trustee Liaison Reports No Liaison Reports were provided. ******** Trustee Ahuja Upon motion entered by Trustee Ahuja, and seconded by Trustee Lewis, the Adoption of a Proposed Local Law Authorizing Members of all Public Bodies of the Village of Scarsdale to Participate in Public Meetings Via Videoconferencing, was approved by the vote indicated below: AYES NAYS ABSENT Trustee Ahuja Trustee Brew none none Trustee Gans Trustee Lewis Trustee Mazer Deputy Mayor Whitestone Mayor Veron ******** Trustee Brew Upon motion entered by Trustee Brew, and seconded by Trustee Lewis, the following resolution Authorizing the Placement of a Crèche in Boniface Circle, was approved unanimously: WHEREAS, the Scarsdale Crèche Committee has requested a permit to place a Crèche in Boniface Circle from December 16, 2022, to December 28, 2022; and WHEREAS, pursuant to Scarsdale Village Code Chapter 240, entitled “Public Displays,” staff have reviewed the permit application, determined that the proposed display complies with all applicable requirements, and recommend Village Board approval of the permit; now, therefore, be it RESOLVED, that the Village Board hereby authorizes the Village Manager to issue a permit to the Scarsdale Crèche Committee for a public display in Boniface Circle from December 16, 2022, to December 28, 2022; and be it further RESOLVED, that the display shall be dismantled and removed from Boniface Circle no later than 9 p.m. on December 28, 2022. Village Board of Trustees Meeting 12/13/2022 390 ******** Upon motion entered by Trustee Brew, and seconded by Trustee Whitestone, the following resolution Authorizing the Placement of a Menorah in Chase Park and Lighting Ceremony, was approved unanimously: WHEREAS, Chabad of Scarsdale has requested a permit to place a Menorah in Chase Park from December 14, 2022, through December 28, 2022, as well as authorization to hold a Menorah Lighting Ceremony on the evening of December 18, 2022; and WHEREAS, pursuant to Scarsdale Village Code Chapter 240, entitled “Public Displays,” staff have reviewed the permit application, determined that the proposed display complies with all applicable requirements, and recommend Village Board approval of the permit; and WHEREAS, staff have also reviewed and recommend approval of the request for authorization to conduct a Menorah lighting ceremony in Chase Park, as described in the special event permit application; now, therefore, be it RESOLVED, that the Village Board authorizes the Village Manager to issue a permit to the Chabad of Scarsdale for the requested public display to be placed in Chase Park from December 14, 2022, through December 28, 2022, and for the Menorah Lighting Ceremony on December 18, 2022, provided that the public display be removed no later than 9:00 PM on December 28, 2022. ******** Upon motion entered by Trustee Brew, and seconded by Trustee Whitestone, the following resolution Authorizing an Intermunicipal Agreement with Westchester County to Provide a Positive Youth Development Program, entitled “Community Youth Service Project’, was approved by the vote indicated below: WHEREAS, the Village of Scarsdale and the Scarsdale Union Free School District fund the Scarsdale Edgemont Family Counseling Service (SFCS) Youth Service Project, which is a prevention and crisis intervention program for youth who are growing up in a period of stress and turbulence; and WHEREAS, for over 30 years, the Village of Scarsdale has partnered with Westchester County to provide a Community Youth Service Project through its Positive Youth Development program, which provides financial support to programs and services that deliver opportunities for development of youth to become competent, caring, and healthy adults; and Village Board of Trustees Meeting 12/13/2022 391 WHEREAS, James Genova, Executive Director of SFCS, has affirmed in a letter dated December 05, 2022, attached herewith, that SFCS will administer and run the Scarsdale Community Youth Services Project in accordance with the terms and conditions of the IMA, including executing the Village’s programmatic obligations contained therein; and WHEREAS, the Scarsdale Community Youth Services Project supports Westchester County’s programmatic goals, and the County has agreed to reimburse the Village an amount not to exceed $3,418 for the January 01, 2022 - December 31, 2022 program year, requiring execution of an Intermunicipal Agreement, which staff recommends; now, therefore, be it RESOLVED, that the Village Board of Trustees herein authorizes the Village Manager to execute the Intermunicipal Agreement between the Village of Scarsdale and Westchester County in substantially the same form as attached hereto, as well as to undertake all administrative acts required pursuant to the terms of the Agreement. AYES NAYS ABSENT Trustee Ahuja Trustee Brew none none Trustee Gans Trustee Lewis Trustee Mazer Deputy Mayor Whitestone Mayor Veron ******** Trustee Gans Upon motion entered by Trustee Gans, and seconded by Trustee Lewis, the following resolution Calling for Public Hearing to Amend Chapter 132 of the Scarsdale Village Code, concerning building Construction and Fire Prevention, was approved by the vote indicated below: WHEREAS, a proposed local law was introduced on November 22, 2022, to amend Chapter 132 of the Code of the Village of Scarsdale to comply with the minimum standards for administration and enforcement of the Uniform Code and the Energy Code set forth in 19 NYCRR Part 1203 adopted on December 29, 2021; and WHEREAS, the Board of Trustees held a duly noticed public hearing on the proposed local law on December 13, 2022, at which time all those interested had an Village Board of Trustees Meeting 12/13/2022 392 opportunity to be heard and the public hearing was closed on December 13, 2022; and WHEREAS, the proposed action is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA), and no further environmental review is required. RESOLVED, that the Board of Trustees of the Village of Scarsdale hereby adopts the proposed local amending Chapter 132 of the Code of the Village of Scarsdale to comply with the minimum standards for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) and the Energy Conservation Construction Code of New York State (the “Energy Code”) set forth in 19 NYCRR Part 1203 adopted on December 29, 2021. AYES NAYS ABSENT Trustee Ahuja Trustee Brew none none Trustee Gans Trustee Lewis Trustee Mazer Deputy Mayor Whitestone Mayor Veron ******** Trustee Lewis Upon motion entered by Trustee Lewis, and seconded by Trustee Whitestone, the following resolution Authorizing the Execution of a Metropolitan Regional Radio System (MRRS) Access Agreement with the Metropolitan Transportation Authority, was approved by the vote indicated below: WHEREAS, the Metropolitan Transportation Authority (MTA) has purchased and constructed a land mobile radio system, called the Metropolitan Regional Radio System (MRRS), for the purpose of supporting the Metropolitan Transportation Authority Police Department (MTAPD), as well as partner and public service agencies; and WHEREAS, the MTAPD and the First Responder (Village of Scarsdale Police Department) wish to enter into this MRRS Access Agreement for the Village Board of Trustees Meeting 12/13/2022 393 MTAPD to provide the First Responder with access to the MRRS for the purpose of public safety communications; now therefore be it RESOLVED, that the Village Board of Trustees authorize the Village Manager to execute the access agreement between the Village of Scarsdale and the Metropolitan Transportation Authority in substantially the same form as attached hereto and to undertake any administrative acts required under the terms of the agreement. AYES NAYS ABSENT Trustee Ahuja Trustee Brew none none Trustee Gans Trustee Lewis Trustee Mazer Deputy Mayor Whitestone Mayor Veron ******** Upon motion entered by Trustee Lewis, and seconded by Trustee Brew, the following resolution Setting a Public Hearing on a Local Law Authorizing a Real Property Tax Levy in Excess of the New York State Cap, was approved unanimously: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held on Tuesday, January 10, 2023, at 8:00 p.m. in Rutherford Hall in Village Hall, and via Zoom video conferencing, to consider a proposed local law to amend a local law authorizing the Board of Trustees to adopt a budget for the 2023-2024 Fiscal Year that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c, as attached hereto and made a part hereof; and be it further RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. ******** Trustee Mazer Upon motion entered by Trustee Mazer, and seconded by Trustee Brew, the following resolution Awarding VM Contract #1296 – Generator Maintenance and Service for Various Scarsdale Facilities, was approved by the vote indicated below: Village Board of Trustees Meeting 12/13/2022 394 WHEREAS, on October 21, 2022, the Village advertised for the receipt of bids for VM Contract #1296 – Generator Maintenance and Service for Various Scarsdale Facilities; and WHEREAS, on the bid opening date of November 22, 2022, four bids were received with the lowest responsible bid submitted by Gentech Ltd (Gentech)., New Windsor, NY, itemized as follows: Annual and Biannual Services $9,500/year 1, $9,500/year 2, and standard hourly labor rate $135.00; and WHEREAS, Gentech conveyed to Village staff a complete understanding of the required scope of work included in VM Contract #1296 and their current references were checked satisfactorily; now, therefore be it RESOLVED, that VM Contract #1296 – Generator Maintenance and Service for Various Scarsdale Facilities, be awarded to the lowest responsible bidder, Gentech Ltd., 3017 US Route 9W, New Windsor, NY 12533, at the annual and biannual services lump sum costs and hourly labor rate specified in their bid, for a total amount not to exceed budget appropriations; and be it further RESOLVED, that the Village Manager is herein authorized to undertake any administrative acts required pursuant to the terms of the contract; and be it further RESOLVED, that this two-year contract may be extended annually by the Village Manager for three additional one-year periods, subject to the availability of adequate budget appropriations and in accordance with the provision in the contract for adjusted rates based on certain Federal and State indices, and provided that all other contract terms and conditions remain unchanged. AYES NAYS ABSENT Trustee Ahuja Trustee Brew none none Trustee Gans Trustee Lewis Trustee Mazer Deputy Mayor Whitestone Mayor Veron ******** Trustee Whitestone Village Board of Trustees Meeting 12/13/2022 395 Upon motion entered by Trustee Whitestone, and seconded by Trustee Mazer, the following resolution Authorizing a Change Order for Ardsley Road Tank Chlorine Analyzer Design, Permitting, and Construction Phase Services; was approved by the vote indicated below: WHEREAS, Woodard & Curran, the Village’s water system consultant, has submitted a change order for additional engineering services for the design and permitting of the chlorine analyzer mounted at Scarsdale’s Ardsley Road tank; and WHEREAS, during the design and permitting process, Woodard & Curran received comments from the Westchester County Department of Health that requested additional design changes to the electrical system at the tank be upgraded to include a generator disconnect, which were not included in the original scope of services; now, therefore, be it RESOLVED, that the Village Manager is hereby authorized to execute the Woodard & Curran change order in the amount of $14,871.00 for additional design and permitting services related to the chlorine analyzer on the Ardsley Road tank, and to undertake all administrative acts as may be required under said agreement; and be it further RESOLVED, that the funding of the Woodard & Curran change order will come from the Water Department 2022-23 Budget line EWS-8310-PUMP-CAPTL- 500 50. AYES NAYS ABSENT Trustee Ahuja Trustee Brew none none Trustee Gans Trustee Lewis Trustee Mazer Deputy Mayor Whitestone Mayor Veron ******** Written Communications Village Clerk Emanuel reported that five (5) communications have been received since the last regular Board of Trustees meeting. Written communications may be viewed on the Village’s website at www.scarsdale.com under Written Correspondence. • An email from West Quaker Ridge residents with letters opposing the Crossway Field lighting proposal and a petition with a list of objections and opposing neighbors Village Board of Trustees Meeting 12/13/2022 396 • An email from Robert Harrison regarding treasury bills and suggestions on investing Village funds to maximize interest rate returns. • An email from Susan Levine inquiring on next steps for the pool project. • An email from the Scarsdale Forum regarding Village Center placemaking and mobility issues that includes a summary report listing of projects that could be readily pursued and priorities for early action. • An email from Joan Silverman with comments regarding the pool project. ******** Future Meeting Schedule • Tuesday, December 20, 2022 – 6:00 PM – Village Board Work Session • Tuesday, December 27, 2022 – 8:30 AM – Village Board Limited Agenda Meeting ******** Village Hall Schedule • Friday, December 23, 2022 – Christmas Eve (Observed) – Village Hall Closed at 12:30 pm • Monday, December 26, 2022 – Christmas Day (Observed) – Village Hall Closed • Friday, December 30, 2022 – New Year’s Eve (Observed) – Village Hall Closed at 12:30 pm • Monday, January 2, 2023 – New Year’s Day (Observed) – Village Hall Closed ******** There being no further business to come before the Board, the meeting was adjourned at 9:45 p.m. on a motion entered by Trustee Whitestone, seconded by Trustee Ahuja, and carried unanimously. Respectfully submitted, Taylor C. Emanuel Village Clerk