Tuesday, Oct 01st

leafblowerPrior to the Village Board meeting on1-12, Trustees held a work session to review recommendations from the Conservation Advisory Council on limiting the use of gas leaf blowers which the CAC’s recent report says are noisy and negatively impact the environment and the health of those who use them. Similar bans have been enacted in other towns in Westchester. According to Michelle Sterling, Chair of the CAC, they “proposed an incremental set of requirements that would be reasonable and feasible and strike a balance between the need for peace and quiet with the desire for a manicured property.”

The discussion centered around two option of three options.

The first is to bar the use of gas-powered blowers from Saturday – Monday during leaf season, and also ban them in May. (They are already banned from June to September.)

Option three designates Saturday and Sunday as quiet days in leaf season and also bans gas-powered leaf blowers in May.

The discussion centered on the ability of landscapers and the Village to use battery-powered electric leaf blowers to clean up leaves when the gas-powered leaf blowers are banned. The CAC contended that it’s necessary to change behavior for the public good and that residents and landscapers would adapt once these new regulations were enforced. Sterling argued “Code changes influence behavior. Larchmont implemented a full year ban – and so did Irvington. Landscapers who have battery powered electric blowers will get more business and those with gas blowers will get less. It will cause a market shift.”

Village Manager Steve Pappalardo was concerned that Village crews would have fewer days in leaf season to clean up leaves before snowfalls and that education would be required to change landscapers’ practices. He said, “The gas leaf blowers are faster.” He expressed reservations about the ability of the current Village staff to enforce the regulations, saying, “The code enforcer we have is busy with building code violations. Enforcement will fall on the police department. We would need to have dedicated crews to go out in the neighborhood and look for landscapers looking for leaf blowers and take appropriate action.”

Trustee Jonathan Lewis asked for a financial analysis of the proposal. He saw the fines as a potential revenue source for the Village, especially if the fees were graduated. He said, “The fines which will help us become more sustainable. If you have hefty fines for violations, and make the third offense $1,000, it can be a “six figure revenue generator” and you can get compliance.”

Police Chief Andrew Matturro reported that police were giving out “70 tickets per year on average for use of leaf blowers in the summer months … We have had a ban on gas leaf blowers from June 1 to September 30 since 1993.” He said, “We are trying to change behavior with the fines, but cautioned, “We will have difficulty doing that alone as a Police Department.”

Trustee Seth Ross asked, “There will be additional operational costs for residents and landscapers. I would want to know from landscapers what the additional costs will be and what their issues will be and how that will affect the residents. Are they willing to do this at no additional cost?”

Trustee Justin Arest expressed support for Option 3 and said, “We do want to hear more from the community – we would want to call for a public hearing.”

Trustee Randy Whitestone said, “We are in transition on the technology. I would like to gather input. I am in favor of one of these options – I don’t know which one.”

During public comments, former Trustee Bill Stern said, “One of the functions of government is to protect people from themselves. The gas blower situation has been studied, including by NIH that shows it is not just the noise, it’s the long-term effect on the population. Gas blowers push out an enormous amount of pollution – which induces asthma on a long-term basis. They diminish hearing.”

Madelaine Eppenstein, representing Friends of the Scarsdale Parks, said they support option 1 as a first step. She said, “This is an incredibly important issue and the Village should consider that there does come a time to make more progress.”

Elaine Weir said, “It’s good for the workers. The faster we get rid of the gas powered blowers the better.”

Dr. Darlene LeFrancois Haber said, “This is an issue of public health. These two stroke engines are extremely hazardous. They are not blowing air. The fumes are invisible. My patients are the landscapers. Am I concerned about my health? Yes, but not concerned enough to stop going to work and taking care of my patients. The landscapers don’t cover their ears. They have hearing loss and headaches. We need to do the right thing for them. We are part of the problem right now. I strongly support option one.”

Susan Douglass agreed wholeheartedly with what has been said. She said, “I am a proponent of option 1. There is a strong educational component here. Landscapers resist change – but if you say this is what you must do they will do it and accept it.”

Robert Alonzi Jr., the Golf Course Superintendent at Fenway asked “How do you feel this will translate for other industries? It will have a dramatic impact on the way we operate.”

Sterling responded that there is an exemption for golf courses and schools, and a proposal for a buffer within 100 feet of a residence.

Trustee Lena Crandall proposed that the Board pass a resolution to bring the matter to a public hearing and the trustees agreed to schedule one.

leafblowerThe following was written by the Scarsdale Conservation Advisory Council (CAC)

Did the constant noise of leaf blowers this fall make you crazy? The onset of Covid-19, necessitating many residents to work from home and students to attend school from home, has created a heightened awareness of the negative effects of gas leaf blowers and has caused renewed requests from the community to address this issue. The Scarsdale Conservation Advisory Council (CAC) recently studied this issue at the request of the Village Board of Trustees and submitted a report, Mitigating the Health, Environmental, and Quality of Life Impacts of Gas Leaf Blowers, to the Board with recommendations on how to bring our community some much needed relief.

The CAC is proposing three strategies to address the negative impacts of gas leaf blowers: (1) implement “quiet days” when gas leaf blowers are prohibited; (2) limit gas leaf blower use to the time of the year when they are needed; and (3) promote the use of electric leaf blowers. The CAC believes this approach will significantly help address the noise impact, air pollution, and adverse health effects of gas leaf blowers.

The proposal seeks to mitigate the negative impacts of gas leaf blowers in a reasonable way that can be feasibly implemented by landscapers and homeowners. Advances in electric leaf blower technology have made it possible to use electric leaf blowers successfully during certain times of the year and for most landscaping needs. The proposal will both help alleviate the impacts of gas leaf blowers as well as support a longer-term shift to electric leaf blowers. With the approval of the CAC proposal, Scarsdale would join a number of other municipalities in Westchester that have recently enacted regulations to limit the impacts of gas leaf blowers.

To support the CAC proposals please write the Mayor and Trustees at mayor@scarsdale.com to make sure your voice is heard. The Board of Trustees is also holding a working session to discuss the CAC proposal on January 12, 2021 at 5:30 p.m. Residents are also encouraged to log onto the working session meeting to hear more about the issue and proposed solutions. The meeting agenda and working session zoom link can be found here

A copy of the full CAC leaf blower report is available here.

sunsetIn any given year, creating and passing a budget for the following fiscal year presents many challenges. In 2020 however, this budgeting process is even more difficult, as the Village of Scarsdale faces severe pandemic-related revenue shortfalls and COVID-19 expenditures. On Tuesday, December 15, 2020, the Village of Scarsdale Board of Trustees held their first budget work session to discuss the 2021-22 budget via Zoom Video Conferencing.

To get a jump-start on this unusual year, Village Manager Stephen Pappalardo began the budgeting process early and requested that his department heads submit their 2021 operating budgets one month ahead of schedule (by November 30th instead of December 31st). In order to prepare for various case scenarios, department heads were asked to create 3 budgets – one accounting for the same level of funding from the previous year, a second with a reduction of 5%, and a third with a reduction of 10%. These variations will assist the Board of Trustees in their decision-making process in the event of budget cuts for the 2021 fiscal year.

The primary speaker of the evening’s meeting was Ann Scaglione, Scarsdale’s new Village Treasurer. Ms. Scaglione reviewed the financial state of Scarsdale and what the future versions of the budget might look like as a result of the town’s revenues and expenses this year. Because of the COVID-19 pandemic, several departments did not meet their estimated revenue goals. Areas such as the Scarsdale Parking Detail and Fines and Forfeitures failed to bring in the same level of funds as in a typical year ask parking and meter fees fell sharply. Additionally, the Parks and Recreation Department faced revenue shortfalls largely caused by the cancellation of Scarsdale Day Camp this past summer, resulting in $630,697 in lost revenue.

In total, Ms. Scaglione projected that village revenues will fall short of original estimates by around $5.5 million. She also shared that Scarsdale saved money in a variety of ways throughout the pandemic. Ms. Scaglione estimated that the town will come in under budget for expenses by approximately $4.0 million. Overall, the village has a projected year-end deficit of $1.34 million, but came into this fiscal year with a fund balance of $1.52 million.

During this time, an important cost-saving measure was reducing Scarsdale Village’s personnel expenses. Decisions such as the choice to decrease the number of employees hired for leaf collection, reduce overtime, keep some part-time and intern positions open, and cancel events such as the Fall Scarsdale Tree Planting saved hundreds of thousands of dollars for the village. In addition, departments such as Public Safety, which includes the Fire and Police Departments, came in under budget this year by over $528,000. Savings were also realized from reductions in the Village’s payment to state retirement and pension funds.

On the revenue side, a strong real estate market resulted in the highest amount of mortgage tax revenue we have seen in years, with $405,429 in September, more than double the prior year. Also due to an increase in county sales tax those funds are up as well.

After Ms. Scaglione reviewed the financial state of Scarsdale, Mayor Marc Samwick noted the “exemplary management of the crisis” by village leaders and stated that “the long-term fiscal management of the village has served us well in these difficult times.” Trustee Justin Arest followed with a question on how sustainable it will be for the town to maintain their departments at these decreased funding levels. Additionally, Trustee Arest commented that he “appreciated the 5% and 10% budget exercise (because) it reinforces great fiscal management and the position that (the town) is in will lead to some tough decisions” in the future.

Trustee Jonathan Lewis echoed this sentiment and highlighted the uncertainties Scarsdale faces in the coming year. He noted that “if there aren’t any changes [to revenues in 2021] we will be faced with the tough choices of drawing down reserves, tightening expenses, or raising taxes.” Trustee Lewis also pressed for the need to prepare for the worst-case scenarios and said that “updates with the [COVID-19] vaccine will influence our decisions in real-time and we should have flexible frameworks to deal with these changes.”

Finally, Trustee Lena Crandall stated that “we need to be careful with our taxpayers’ hard-earned dollars” especially given that New York State and the federal government might look to them for “increased] personal income tax payments.” She closed by emphasizing the need to “keep Scarsdale an attractive and safe place to live.”

At the end of the meeting, Diane Gurden, a board member to the League of Women Voters of Scarsdale, read the following statement:

The League of Women Voters of Scarsdale Board of Directors (the “League Board”) appreciates the opportunity to comment at the outset of the Village Budget process. As the League has only started to engage in its observation and study of the Fiscal Year 2021-22 Village Budget process, the following recommendations have been coalesced from past League of Women Voters of Scarsdale consensus statements.

The League Board understands that due to the global pandemic, the Village has moved to austerity spending, which will remain in effect throughout the 2020-21 fiscal year. In addition, department heads have been directed to restrict spending to essential items required for the operation of the Village and for their response to the current pandemic. The League Board recognizes that there have been, and will continue to be, impacts to revenue as a result of the COVID-19 health crisis and that the Village Board and Administration will continue to evaluate and look at the current budget as the year progresses.

Now that the 2021-22 budget process has begun, the League Board recommends that the Village Board and Administration engage the community in a timely manner to ensure a proactive, practical, public dialogue regarding the revenue generation options and potential cost savings under consideration. The League Board recommends that the Village Board and Administration seek community input and ascertain community sentiment while making budget choices that may potentially affect service levels and impact Village tax rates. Similarly, regarding long term capital spending, the League Board encourages the Village Board to clearly detail which projects will be funded in the 2021-22 budget as well as which projects must be delayed, and to establish, along with the community, a timeframe to plan for long term infrastructure needs. We encourage the Village Board and Administration to provide clear, concise, transparent explanations of Budget decisions, in addition to a broad overview of what is needed to maintain and improve our Village infrastructure, so that the community will understand the Village Board’s proposed Budget priorities.

NYSSenateThe New York State Legislature is considering imposing new tax levies on wealthy state residents to fill the gap in the state budget partially due to the coronavirus crisis. Senators may vote to make these higher rates retroactive to an earlier point in 2020. These revenues would be used to avoid cuts to education and social service funding.

Scarsdale resident Lena Crandall objects to a retroactive tax increase on New Yorkers and sent the following letter to Andrea Stewart-Cousins and Assemblywoman Amy Paulin as a private citizen, not on behalf of the Scarsdale Board of Trustees, where she is a member of the board.

Here is her letter:

An open letter to NYS Senator Andrea Stewart-Cousins and Assemblywoman Amy Paulin:

I am writing to express my concern that the New York State Assembly is considering enacting significant tax increases in the midst of the negative economic impact the pandemic is having on many businesses and residents. In addition, I am strongly opposed to the NYS Senate's proposal to make any tax increases retroactive to 2020. New York State already has taxes that are among the highest in the country. The loss of the SALT deduction has made the tax burden a much more significant economic issue. The number of my friends and acquaintances who are considering relocating to a tax friendlier jurisdiction is unprecedented. I am very concerned that while these tax increases may help address a short-term budget hole, they will result in a long term loss of tax revenue as those individuals and businesses that are able to relocate will.

Businesses have learned from the pandemic that allowing employees to work remotely can be a successful economic model, with less need for office space in New York City or State. Many Scarsdale homeowners have also discovered that they can work from anywhere. Substantial tax increases targeted at NYS residents and businesses that the State depends upon the most as a tax base for long-term economic stability are not in the best interests of our State or local communities.

From a governance standpoint, I am particularly disappointed that many people are unaware of not only the potential tax hike, but that it may be applied retroactively to the 2020 tax year. Your unsuspecting residents are currently dealing with a major snowstorm, the holidays, year-end business matters and a deadly pandemic. Many of those impacted will be caught off guard in January or April 2021 when they do their tax returns and find out that their tax bills for 2020 are significantly higher than anticipated.

Please focus on good process: Discuss appropriate measures to address the budget shortfalls in the New Year when everyone is paying attention. Remember why you went into public service and the promises you made to work in a clear, transparent way to represent all New Yorkers.

Respectfully,
Lena Crandall*
227 Fox Meadow Road
Scarsdale, New York 10583

*I am writing this letter as a private citizen and not on behalf of the Village of Scarsdale.

spruceThe Village Board considered the fate of a Colorado blue spruce tree in Boniface Circle and also heard details about the effect of COVID on Village Hall personnel and leaf collection at their meeting on Tuesday night November 24, 2020.

Mayor’s Remarks

Mayor Marc Samwick discussed how the specter of the coronavirus pandemic has made this holiday season different from those of years past. He specifically singled out COVID fatigue and the dark, winter season as contributory factors behind that change. In addition to reading out Center for Disease Control suggestions for how to deal with the season’s challenges, Mayor Samwick spoke to the recent increase in local COVID-19 cases. Scarsdale “has gone from 9 [cases], about three weeks ago, to 38 [cases] today,” according to the Mayor. Samwick also noted that village staff members have gotten sick, taking a toll on village operations.

The Mayor stressed the importance of continuing to provide fiscal support for different Scarsdale institutions. He asked residents to “please continue to shop and dine the ‘Dale throughout the winter months,” and called for donations to the Scarsdale Volunteer Ambulance Corps, so as to avoid the increased costs that would come from the use of a commercial ambulance service. See his full remarks here.

Village Manager Comments

Scarsdale Village Manager Steve Pappalardo shed more light on the effect of COVID-19 on Village Hall. As a result of positive tests and “close contact,” 11 full-time employees are currently out of the office under home quarantine. The exposure hit the first floor of Village Hall where the Village Clerk, Village Treasury and Water Departments are located. These have been shut down as a result, with offices closed until November 30 when the quarantine will end for these staff members.

Village Manager Pappalardo explained that a plan is being developed, in response to these closures, to have employees work in two different groups—one from home, and the other in the building—so as to prevent a cluster of positive tests from once again sidelining an entire department for 14 days. Cleaning protocols will be increased with the entire building fogged twice a week and high touch areas cleaned daily.

Leaf Pick-UpLeafBagsThe Village Manager called on residents to bag their leaves.

Pappalardo also noted that the Highway Department has been impacted by the virus. Currently 14 full time and seasonal workers have tested positive or are quarantined as close contacts. The number of crews taking care of leaf collection has decreased because of COVID. As a result, the Village is close to completing the second round of leaf collection at each home but may not be able to complete a third round of leaf collections by the end of the season on December 11. Pappalardo asked residents to consider bagging their leaves, and leaving them at the curb to be collected by sanitation workers, or asking their landscapers to bring the leaves to the recycling center where they can deposit them without a fee if they have proof they come from a resident’s home. Forms to allow leaf drop off were distributed to landscapers or can be picked up at Village Hall and at the recycling center. A signed note from the resident will also suffice. The Village would appreciate the help as they have been “dealt a severe blow” by this pandemic.

Public Comment Period # 1

Marcy Berman-Goldstein spoke on behalf of the Scarsdale Business Alliance and the Downtown Revitalization Committee of the Scarsdale Forum. The groups have a joint desire to revitalize the village center and have been assessing ideas to recreate Boniface Park into a welcoming space for visitors. She said, “Unfortunately Boniface Park has long been a neglected and underutilized space…. It is dark and shadowy at night and was until recently overgrown with bushes that blocked views…. The blue spruce tree is not thriving … it should be removed to open up space for public use. … planting a new tree would still allow for a tree lighting, or a temporary tree could be used during the holiday season. Members of the SBA and Downtown Revitalization Committee respectfully request that the blue spruce tree be removed, leaving space for other uses.” She said funds to do the work might be able to be raised through private sources.

Susan Douglas spoke on behalf of the Scarsdale Forum, and echoed concerns about the blue spruce tree. She noted, however, “that The Forum has and will continue to promote green projects,” suggesting for example, that Scarsdale residents could mulch their leaves at home, as an eco-friendly alternative to collection options. About the tree she said, “We want a festive holiday tree. Just not this particular tree in this particular location.” She said the tree was “visibly unwell” and “infested with beetles”. She called it “scraggly and sad,” and suggested a replacement tree or a temporary tree. She said, “We are interested in creating a vibrant downtown,” but that “every space does not need to be covered with grass and trees.” She called for the area to be a gathering space with tables and chairs, emulating European cities where people can have a snack or hear a musical performance or a tent could be set up for events.”

Madelaine Eppenstein, President of the Scarsdale Forum and secretary/treasurer of the Friends of the Scarsdale Parks, spoke next. She wished everyone at Village Hall well. She added that after consulting with a certified arborist from Bartlett Tree, it was determined that the Colorado blue spruce tree at Boniface Circle Park has fungal disease and is perhaps suffering from “insect damage.”

Bob Berg spoke in defense of the blue spruce tree in Boniface Circle Park. “It is a tree that has not been determined to be dying at this point,” protested Berg. He then complained about village laws related to people tearing down trees on private property. Circling back to the blue spruce, Berg called it an “iconic tree,” and referenced the Joni Mitchell song, Big Yellow Taxi, claiming that the effort to tear down that tree seemed to be in the vein of those who want to “pave paradise and put up a parking lot.” Berg also called for Trustee Lena Crandall to analyze the impact of taking down this tree.

Diane Gurden, the Village Budget Portfolio Chair of The League of Women Voters of Scarsdale, spoke next. She asked the board a series of questions about the impact of COVID on the upcoming budget process. Among them were: “Has the Village applied for any grants for COVID relief? How will the board gather community input for the budget? How has the pandemic impacted village revenues? How has COVID 19 affected levels of staffing for this year, and how will it impact the upcoming year?” In response to those questions, and several others, Mayor Samwick said he is looking into financial relief for merchants, and that the issues Gurden raised will be addressed during the budget process.

4KingstonRoadA developer is proposing the construction of 22 foot retaining walls to accommodate a larger yard and pool at 4 Kingston Road.Mark Nadler from 171 Brite Avenue spoke in opposition to the site development at a home on 4 Kingston Road which includes the construction of “2 massive retaining walls, 22 feet high by 100 feet wide. He is the downhill neighbor. He asked for the board to help repair a “broken approval process.” He said, “This is about a non-local builder,” wanting to move over a 32-foot high hill six feet closer to my property line to accommodate a bigger in ground pool and yard.” He said, “His rights as a builder should not exceed my rights as a homeowner.” He said, “the entire purpose and function of the Scarsdale Architectural Review Board needs review, as they are not sure of what they are or are not reviewing.” He continued, “It is impossible to get details of the BAR conversations. This was approved without any visuals of the 32- foot high hill or retaining walls or where they are to be located. There was no in-depth discussion of landscaping, land use or the suitability of this project. …. I should not have needed to hire a lawyer, and spend thousands of dollars,” to find inconsistencies in what was proposed. He said, “I also hired an engineer who did a stormwater management study which found several mistakes in the builder’s submissions. The zoning board of appeals needs to focus on damage to a neighbor. The pool application is on the agenda for the Board of Zoning Appeals on 12/9 and I suggest that this should be adjourned since plans need to be submitted. I plan to bring experts to testify at that meeting.”

The Mayor assured Nadler that he had attention from the highest level staff to ensure that everything is legal and appropriate.

Bob Harrison, the Volunteer Director of the Scarsdale Summer Youth Tennis League, discussed the price of the proposed comfort station at the Middle School Tennis Courts. A strong supporter of the comfort station, Harrison did not understand why it is slated to cost $150,000. In response, Village Manager Pappalarado said that the Scarsdale School Board did approve the IMA, but that he understood Harrison’s concerns, and that the architect had been contacted about a preliminary project estimate.

Trustee Liaison Reports

Trustee Rochelle Waldman announced that beginning December 1, contactless drop off and pick up will be available at the newly reopened Scarsdale Public Library at 54 Olmstead Road. She also noted that expanded library hours are being introduced as well. The librarians are available by phone and virtual services have been planned. However, rising COVID infection rates are affecting in person services. She said, “Though they want to offer some in-person services, we’re concerned for the welfare of staff and patrons.” Waldman said that peer libraries are currently drawing down their in-person offerings. Scarsdale will continue to assess the situation and may allow for in person browsing by appointment.

Trustee Crandall called for a public works session to evaluate the proposal for the tree at Boniface Circle. She said, “Is it a hazard tree in a public place?” Crandall also noted that she was “concerned about the emotional impact of the discussion on our residents” during this time of COVID. She said that apartment inhabitants who look out onto Boniface Circle were concerned, and that taking down the blue spruce tree is a permanent change that might affect them. However she said she would look at this with an open mind. She also called for residents to bring plastic film and plastic packaging material to the recycling center.

Trustee Jonathan Lewis expressed concern about Scarsdale’s “cyber-security readiness and [its] ability to work in a virtual environment for some time.” He stressed the need for the Village to put in cyber defenses, reach out to the Technology Advisory Council for support, and address these issues before the currently-scheduled January 12 meeting, which he believes is too far away to begin taking action.

Trustee Randall Whitestone reported on a virtual meeting of the Safe Coalition, Children’s, Family Community, an organization that works to provide support for those struggling with domestic violence. Whitestone referenced a half hour video they released about resources available for those dealing with domestic violence during the COVID-19 pandemic.

Agenda Items

The trustees approved a resolution read by Trustee Justin Arest for issuance of $6 million in refunding bonds which will save the Village over $500,000.

Trustee Crandall read a resolution accepting a monetary gift of $1,650 from Meredith Grossbach, for the purchase of a bench near library pond in memory of her late father, Dr. Conrad Goldberg.

The Board approved resolutions to place a créche in Boniface Circle, a Menorah in Chase Park and to Chabad to hold a virtual menorah lighting celebration in Chase Park on December 13, 2020.

Trustee Waldman read a resolution to accept a “police traffic services program grant” that was approved by a roll call vote.

After explaining the financial hardship that O’Neills Concession—the proprietor of the Scarsdale Pool concession stand—underwent at that venue this year, the board approved a license fee reduction of $11,000 from $16,000 to $5,000.

Trustee Whitestone proposed that the contract to rehabilitate the Boniface Water Tank on Garden Road, “VM contract #1249, be awarded to Brave Industrial Paint.” The resolution passed.

Public Comment Period # 2

During the second public comment period, Mike Levine said that a spruce tree came down on his house and advocated for streamlining the process to “remove large, old trees.”

Future Meeting Schedule

During discussions about future meetings, Trustee Lewis asked the Board to consider bringing back agenda meetings and trustee work sessions. He said that since the COVID crisis there has been little opportunity to engage in serious public discussion. Trustee Arest, called for more frequent work sessions to discuss help for downtown merchants and a host of quality of life issues.

The next Village Board of Trustees meeting is Thursday December 3, 2020.