Mayor & Board of Trustees
Regular MeetingBriarcliff Manor, NY · October 5, 2021
Minutes
Village Board of Trustees
Regular Meeting
October 5, 2021
7:30 p.m.
A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor,
New York was held at the William J. Vescio Community Center on the 5th of
October, 2021 commencing at 7:30 p.m.
Present
Steven A. Vescio, Mayor
Peter S. Chatzky, Deputy Mayor
Kevin Hunt, Trustee
Edward E. Midgley, Trustee
Sabine Werner, Trustee
Also Present
Robin Rizzo, Interim Village Manager
Christine Dennett, Village Clerk
Dan Pozin, Village Attorney
David Turiano, Village Engineer
Pledge of Allegiance
The Board welcomed Interim Village Manager Rizzo.
Informal Presentation by Morrell and Company the Wine Emporium, LTD –
600 Albany Post Road
Mr. David Steinmetz, Attorney representing the Applicant, explained the
proposed re-use of the property as a private wine storage facility with low impact
to the community.
Mr. Philip Fruchter, Architect, reviewed the site layout.
Mr. Mark Petroro of JMC reviewed the site access and traffic information.
The Board had general discussion regarding the submission requirements and
stated they would declare their intent to be Lead Agency at some point.
Mr. Clark Shepard of 144 River Road asked if the windows would be replaced
with a solid façade.
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Mr. Fruchter stated the lower level would be covered with a film that would not be
visible on the exterior.
Continued Public Hearing - Create a New Chapter 142, Cannabis and
Tobacco (formerly entitled “Marijuana”)
Deputy Mayor Chatzky gave a brief synopsis of the proposed changes
There were no public comments.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board
voted unanimously to adjourn the public hearing to October 19, 2021.
Board of Trustees Announcements
The BMFD Annual Inspection will be on October 23rd at 7pm.
There are a few vacancies on various Village Committees. Residents
interested should email BOT@briarcliffmanor.org
Another letter has been sent regarding Route 9A safety.
Village Manager’s Report by Interim Village Manager Rizzo
The Westchester County Mobile Shredder will be in the Village on October
9th.
The Tuttle Road project is in the final phase.
Streetscape Phase one will be completed by November 1st.
Village wide paving will occur in October.
Police Outreach Report
No report.
Village Engineer’s Report
A synopsis of the grants submitted was provided.
The cell tree at the Club is up and carriers are migrating over.
The ADA project is progressing well with a targeted completion of October
31.
A wetlands survey is being done for the trail study and dog park.
The Recreation Office flood mitigation is underway.
Committee Reports
Library Board:
The programs are listed and continually updated on the website.
Author Tom Leihbacher will be giving a talk on October 16th.
Fire Department
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October is Fire Prevention month. Have an escape plan and meeting
point.
Volunteers are needed.
Recreation Advisory Committee:
Window Painting will be on October 16th.
Scarecrow Making on October 23rd.
The Ragamuffin Parade will be on October 30th.
Platform Tennis permits are on sale.
A photo contest in which residents can submit photographs of
Scarborough Park will be through the end of the month.
The next meeting is scheduled for Thursday 10/21 at 7PM.
Beautification Committee:
Weeding and pruning is being done throughout the Village.
Public Comments
There were no public comments.
Authorize Interim Village Manager to Execute an Agreement with Public
Sector HR Consultants, LLC (PSHRC)
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that the Interim Village Manager is hereby authorized and
directed to execute an Agreement with Public Sector HR Consultants, LLC
(PSHRC) for Professional Services to update the Village’s Employee Handbook
and a monthly contract for Human Resources Consulting Services.
Adoption of a COVID Sick Leave Policy
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Board of Trustees hereby adopts the following
COVID Sick Leave Policy for the Village of Briarcliff Manor subject to non-
material changes:
Use of COVID-19 Paid Sick Leave
Policy Statement – On March 18, 2020, State legislation was signed into
law offering job protection and pay for employees who have been
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quarantined as a result of novel coronavirus, or COVID-19. The new law
guarantees job-protected paid leave to employees who are subject to a
mandatory or precautionary order of quarantine or isolation for COVID-19,
issued by the state of New York, the Department of Health, local board of
health, or any government entity duly authorized to issue such order, or
whose minor dependent child is under such an order.
Eligibility – All employees are eligible for paid leave under the COVID-19
sick leave law. A part-time employee’s pay will be computed by adding their
wages for the eight weeks prior to the start of their leave and dividing the total
by eight. The biweekly pay period begins on a Saturday and ends on the
following Friday.
Guidelines – In accordance with the most recently released COVID-19 paid
leave legislation, and NYS Department of Labor guidance, released on January
20, 2021, an employee who is subject to a mandatory or precautionary order of
quarantine or isolation will be guaranteed job protection for the duration of the
order of quarantine or isolation, and up to fourteen (14) calendar days of paid
sick leave (i.e. the number of workdays that fall within the fourteen calendar day
period). For example, if an employee is scheduled to work ten days in the
fourteen calendar day period, the employee will receive paid leave for ten days,
at their regular rate of pay. This paid leave will not cover any overtime that an
employee may have missed out on during the fourteen calendar day period.
Please note, under certain circumstances, an employee may be released from a
mandatory or precautionary order of quarantine or isolation earlier than fourteen
days. In this event, the employee would be required to return to work for their
next scheduled workday or use their paid leave to extend their absence. Under
no circumstances may an employee “bank” or use this leave on non-consecutive
days.
The below guidelines are subject to change, in accordance with additional
guidelines or changes released by the New York State Department of Health:
1. An employee who returns to work following a period of mandatory
quarantine or isolation does not need to be tested before returning
to work. However, an employee who subsequently receives a
positive diagnostic test result for COVID-19 must not report to work.
The employee shall be deemed to be subject to a mandatory order
of isolation from the Department of Health and shall be entitled to
sick leave as required by New York’s COVID-19 sick leave law,
whether or not the employee already has received sick leave as
required by the law for the first period of quarantine or isolation.
However, the employee must submit documentation from a
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licensed medical provider or testing facility attesting that the
employee has tested positive for COVID-19. The employee does
not need to submit documentation of a positive result if the Village
of Briarcliff Manor gave the employee the test for COVID-19 that
showed the positive result. All documentation should be submitted
to the Village Manager’s Office.
2. An employee who is subject to an order of quarantine or isolation
but continues to test positive for COVID-19 after the end of such
quarantine or isolation period must not report to work. Please note
that an employee may not “test-out” of a mandatory isolation or
quarantine. The employee shall be deemed to be subject to a
second mandatory order of isolation from the Department of Health
and shall be entitled to sick leave as required by New York’s
COVID-19 sick leave law for the second period of isolation.
However, the employee must submit documentation from a
licensed medical provider or testing facility attesting that the
employee has received a positive diagnostic test for COVID-19
after completing the initial period of isolation. The employee does
not need to submit documentation of a positive result if the Village
of Briarcliff Manor gave the employee the test for COVID-19 that
showed the positive result. All documentation should be submitted
to the Village Manager’s Office.
3. If the Village mandates that an employee who is not otherwise
subject to a mandatory or precautionary order of quarantine or
isolation to remain out of work due to exposure or potential
exposure to COVID-19, regardless of whether such exposure or
potential exposure was in the workplace, the Village shall continue
to pay the employee at the employee’s regular rate of pay until
such time as the Village permits the employee to return to work or
the employee becomes subject to a mandatory or precautionary
order of quarantine or isolation, at which time the employee shall
receive sick leave as required by New York’s COVID-19 sick leave
law, in accordance with this guidance, for the period of time the
employee is subject to such mandatory or precautionary order of
quarantine or isolation.
4. In no event shall an employee qualify for sick leave under New
York’s COVID-19 sick leave law for more than three orders of
quarantine or isolation. The second and third orders must be
based on a positive COVID-19 test in accordance with paragraphs
1 and 2.
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An employee that has been deemed “essential,” may be able to test-out of a
quarantine or isolation order if they are asymptomatic, but must continue to
monitor their symptoms for COVID-19, and must wear a mask for the remainder
of the fourteen day period.
Paid Leave for COVID-19 Vaccination – In accordance with NYS legislation
passed on March 15, 2021, a full-time or part-time employee who wishes to
receive a COVID-19 vaccination, may take up to four hours of paid leave, per
shot, without having to charge their leave accruals, in order to receive a COVID-
19 vaccine.
Any employee who wishes to avail themselves of this paid leave benefit, must
inform their Department Head of the need to take this leave, prior to receiving
their COVID-19 vaccine(s), and must also provide the Village Treasurer with
proof of each vaccine injection in the form of a stamped vaccine card, upon their
return and prior to the end of the pay period within which the vaccine was
administered. This paid leave only applies to time spent traveling to and
receiving their COVID-19 vaccination(s), and which occurs during the employee's
normal work hours.
COVID-19 Vaccination Status – Whether or not the Village mandates that an
employee not report to work, or remain out of work, may depend upon an
employee’s vaccination status. According to CDC guidelines, a fully vaccinated
employee, who has been exposed to COVID-19, does not need to quarantine. If
a fully vaccinated employee comes into contact with COVID-19, they will be
required by the Village to wear a mask, at all times, for at least fourteen calendar
days and should monitor themselves for possible symptoms.
Disclaimer – This policy is subject to change in accordance with newly released
regulations set forth by the CDC, New York State Department of Health and/or
Executive Order. If at any point, this policy conflicts with a Federal, State or local
regulation, then the applicable government regulation will prevail.
Disciplinary Action – An employee who is found to have violated a mandatory
quarantine or isolation order by coming to the workplace, or who has failed to
follow Village or CDC guidelines related to the wearing of masks in the
workplace, may face disciplinary action, up to and including termination of
employment, in accordance with the applicable collective bargaining agreement.
Village Justice Court Audit for FY 20-21
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board
voted unanimously to approve the following resolution:
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BE IT RESOLVED that the Village Justice Court conducted an Independent Audit
for Fiscal Year 2020-2021 in accordance with Section 2019-a of the Uniform
Justice Court Act.
BE IT FURTHER RESOLVED that the Board of Trustees does hereby approve
and accept into the record the Village Justice Court Independent Audit for Fiscal
Year 2020-2021.
Adjournment
Upon motion by Trustee Hunt, seconded by Trustee Werner, the Board voted
unanimously to adjourn the Regular Meeting at 8:32pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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Agenda
AGENDA
TUESDAY OCTOBER 5, 2021
BOARD OF TRUSTEES
VILLAGE OF BRIARCLIFF MANOR
WILLIAM J. VESCIO COMMUNITY CENTER
1 LIBRARY ROAD
REGULAR MEETING – 7:30 PM
ZOOM is an option for the public to view or call in to the meeting. The meeting
will also be broadcasted on Channel 78 (Optimum) or Channel 30 (Verizon FIOS)
and live streamed at https://briarclifftv.viebit.com. Written comments can be
submitted to BOT@briarcliffmanor.org.
https://us02web.zoom.us/j/89940354596?pwd=aTJlRC9BQTUzMXdBcXV2QmR
BZU5TUT09
Meeting ID: 899 4035 4596
Passcode: 967915
Dial by your location
+1 929 205 6099 US (New York)
Pledge of Allegiance
1. Informal Presentation by Morrell and Company the Wine Emporium, LTD –
600 Albany Post Road
2. Continued Public Hearing - Create a New Chapter 142, Marijuana (Cannabis)
and Tobacco
Board of Trustees Announcements
Village Managers Report
Police Outreach Report
Village Engineer’s Report
Committee Reports
Public Comments
3. Authorize Interim Village Manager to Execute an Agreement with Public
Sector HR Consultants, LLC (PSHRC) – Employee Handbook Update
4. Adoption of a COVID Sick Leave Policy
NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, OCTOBER 19, 2021
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
OCTOBER 5, 2021
1. INFORMAL PRESENTATION BY MORRELL AND COMPANY THE
WINE EMPORIUM, LLC – 600 ALBANY POST ROAD
September 27, 2021
Via Email and Hand Delivery
Mayor Steven A. Vescio
and Members of the Board of Trustees
Village of Briarcliff Manor
1111 Pleasantville Road
Briarcliff Manor, NY 10510
Re: Morrell and Company the Wine Emporium, LTD. (“Morrell” or
“Applicant”)
600 Albany Post Road
Section 104.11, Block 01, Lot 40 (“Property”)
Application for Special Permit Approval
Dear Mayor Vescio and Village Trustees:
We make this submission on behalf of the Applicant, the contract vendee of the
above-referenced Property known as 600 Albany Post Road. The Applicant seeks Special Permit
approval for its proposed adaptive re-use of the Property as a “Specialty Warehouse” for the
storage of fine wine.1 The Applicant proposes minimal changes to the existing building on the
Property to accommodate this use. Accordingly, we respectfully request placement on the BOT’s
1
We make this submission with the understanding that at the next upcoming regular meeting of the
Village Board of Trustees (“BOT”), the BOT will be adopting proposed amendments to Section 220-6 of
the Village of Briarcliff Manor Zoning Ordinance (“Zoning Ordinance”), adding, among other things,
“Specialty Warehouse” as a use permitted by Special Permit in the CT2, CT4, and CT5 Zoning Districts.
Pursuant to the related proposed amendments to Section 220-2 (Definitions section) of the Zoning
Ordinance, the Specialty Warehouse use is defined as follows:
A building or enclosure used only by a single entity primarily for storage of antiques,
artwork, fine wine, or other collectibles and to which access is typically limited only to
employees of such facility. The principal use of such facility is storage and safekeeping,
generating minimal daily traffic related to the transportation of stored items. Deliveries and
pickups from the facility are typically handled by smaller vehicles and mid-sized trucks
rather than tractor trailers.
Mayor Vescio and Members of the Board of Trustees
September 27, 2021
Page | 2
October 5th meeting agenda for an initial presentation and discussion, and ask that the BOT make
a referral to the Planning Board at that meeting.
The Property and Proposed Wine Storage Facility
The Property is an approximately 9.37 acre parcel located on Albany Post Road in
the CT2 (Complementary Use Transition 2) Zoning District, and is the site of the former Sony
Corporation office building. The site is currently improved with a vacant 2-story building totaling
38,000 s.f., which was previously used as a data center with general office space. The Property is
accessible by three existing driveway connections to Albany Post Road (US Route 9).
The Applicant proposes to adaptively re-use the existing building on the Property
for a wine storage facility, which would primarily consist of warehouse operations with ancillary
office operations (the “Facility”). The Applicant has operated a prominent wine and liquor retail
store in New York City that has been a destination for wine collectors, enthusiasts, and investors
since 1947. The Applicant also operates two other wine storage warehouse facilities in Queens,
New York and northern Delaware, and is excited to add a third warehouse location in Westchester
County. Minimal external site modifications would be required for the operation of the Facility on
this Property. Namely, the Applicant proposes to add a lift at the existing loading dock and
constructing a canopy to cover the loading area, as well as milling and resurfacing portions of the
existing pavement, along with interior modifications to accommodate the storage of specialty
wines. In addition to general repairs, interior modifications include creation of approximately
4,000 square feet of office area, installation of a freight elevator, construction of toilet rooms,
minor partition construction, insulation of exterior walls, and installation of an interior climate
control system re-using the existing on-grade cooling towers.
The hours of operation of the Facility would be Monday through Friday, with the
warehouse operating between 8:00 a.m. and 5:00 p.m., and the ancillary office operations between
9:00 a.m. and 6:00 p.m. The Applicant anticipates that approximately twenty employees will work
at the facility. As detailed in the enclosed Traffic Narrative prepared by JMC Planning Engineering
Landscape Architecture & Land Surveying, PLLC (“JMC”), the proposed Facility would result in
reduced peak hour traffic volumes compared with the re-occupancy of the building to its prior use
as a data center with general office space. The Applicant anticipates that an average of three
deliveries to or from the Facility would be made daily by vans and/or mid-sized box trucks, while
tractor trailer deliveries (utilizing Interstate 87/287) are only anticipated an average of once per
month. While the Facility will be utilized in conjunction with Morrell’s retail operation, the
predominant on-site use is the private storage of wine by Morrell’s customers.
Compliance With Special Permit Criteria
The proposed Specialty Warehouse Facility in the CT2 Zoning District requires
Special Permit approval from the BOT. For the reasons set forth below, the proposed Facility
meets all applicable Special Permit criteria set forth in the Zoning Ordinance.
Mayor Vescio and Members of the Board of Trustees
September 27, 2021
Page | 3
A. General Special Permit Criteria (§ 220-6(C))
(1) The proposed Facility will not prevent or substantially impair the reasonable
and orderly use, or the reasonable and orderly development, of other properties in the
neighborhood. As mentioned, the proposed Specialty Warehouse for the storage of fine wine will
be located within the existing building on the Property, with limited exterior modifications to the
site plan. The nature and intensity of the Specialty Warehouse will result in less potentially
negative impacts, particularly with respect to traffic, compared with the previous part data storage,
part general office use of the Property and other Special Permit uses permitted in CT Zoning
Districts. The Property’s location and frontage on US Route 9 makes this location particularly
appropriate for a Specialty Warehouse use, with adequate access for deliveries. The proposed
Facility will also re-activate the currently vacant Property, providing an overall improvement to
the surrounding area and resulting in employment and stable tax revenue for the Village.
(2) The Applicant is proposing to adaptively re-use the existing building on the
Property. Development of the Facility would not disturb the existing conditions on the Property
pertaining to building height, walls, fences, and landscaping. Operations on the site will continue
to be adequately screened so as not to hinder or discourage the development and use of adjacent
properties.
(3) Given that all principal uses permitted in CT Zoning Districts require a Special
Permit, the requirement that operations in connection with this Special Permit use not be more
objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of
lights than uses not requiring a special permit is met. In any event, the Specialty Warehouse
Facility would not result in any of these adverse impacts to nearby properties.
(4) Parking areas for the wine storage Facility will be of adequate size and suitably
screened. The Applicant is not proposing any changes to the existing driveways or parking areas.
The existing 73 parking spaces on the Property will remain, where only 20 are required for the
proposed Specialty Warehouse Facility (1 parking space required for each employee).
(5) The proposed Facility will be in harmony with the orderly development of the
neighborhood and will not be detrimental to adjacent neighborhoods. As mentioned, the Property’s
location and frontage on Route 9 makes this a particularly appropriate site for a Specialty
Warehouse use due to its accessibility, along with the existing fencing and landscaping that provide
screening on the site.
(6) The proposed Facility will be operated in the existing building on the Property,
which is located a substantial distance from the closest nearby residential properties. The Specialty
Warehouse Facility will result in an overall lower intensity than the previous data storage and
office uses that used to be permitted in the existing building.
(7) Again, the Property is located in a CT2 District, and the nature and intensity of
the proposed Specialty Warehouse Facility will not be hazardous, incongruous, or detrimental to
nearby residential communities.
Mayor Vescio and Members of the Board of Trustees
September 27, 2021
Page | 4
(8) The proposed Facility is harmonious with the CT2 District. As acknowledged
in Section 220-6(M), repurposing the unique properties that are located within CT Zoning Districts
“is the goal of the Village.” The Applicant is proposing to utilize this uniquely-situated Property
in an appropriately-scaled and economically viable manner.
(9) The proposed Facility is in harmony with and promotes the general intent of the
Zoning Ordinance.
(10) The proposed Facility will not adversely impact the health, safety, welfare,
comfort, convenience, and order of the Village. The Specialty Warehouse use will reactivate the
vacant site, while reducing the overall intensity and traffic impacts of the previously-permitted
uses on the Property.
(11) This site is particularly suitable for a Specialty Warehouse use due to its
accessibility from Albany Post Road (US Route 9) and existing site improvements. The size of the
Property, along with the existing building and parking and driveway areas, is adequate for the
anticipated needs of the proposed Facility.
(12) The Applicant does not propose any disturbance to environmentally sensitive
areas. The minor proposed site modifications, including a lift at the existing loading dock and a
canopy over the existing loading area, would not result in any adverse environmental impacts.
(13) The Applicant is not proposing significant changes in the architectural design
of the existing building or structures on the site. The proposed addition of a loading dock lift and
canopy to the existing loading area will be harmonious with the existing improvements on the
Property, and will face the rear of the site adjacent to the Old Croton Aqueduct, which is screened
by existing trees. The proposed emergency generator is in the same location as the former generator
used by Sony and is screened by existing fencing.
(14) To the Applicant’s knowledge, there are no open violations of the Village Code
or delinquent fees owed by the Property owner.
B. Specific Special Permit Criteria (§ 220-6(M))
a. Criteria Applicable to All Uses in Any CT District (§ 220-M(1))
The proposed Specialty Warehouse Facility would also comply with the Special
Permit criteria applicable to all uses within any CT Zoning District as set forth in Section 220-
6(M)(1) of the Zoning Ordinance. In particular, the use would not create an opportunity to
assemble additional parcels or otherwise expand the use to adjacent properties. The Property is an
ideal size and location for the proposed wine storage Specialty Warehouse and the Applicant is
not looking to acquire adjacent parcels. As shown on the enclosed Site Plans prepared by JMC,
the proposed Facility would meet all of the specific requirements relating to parking, screening,
truck access and loading areas, and building area set forth in this Section, as well as the
dimensional regulations set forth in Chapter 220, Table 4.
Mayor Vescio and Members of the Board of Trustees
September 27, 2021
Page | 5
b. Specialty Warehouse Criteria (§ 220-6(M)(2))
The proposed development would also comply with newly enacted Special Permit
standards specific to Specialty Warehouse uses set forth in Section 220-6(M)(2)(o) of the Zoning
Ordinance. The Applicant’s entity will be the sole operator of the wine storage Facility, and access
to the Facility will be limited to the Applicant’s employees and the owners of the fine wine to be
stored in the warehouse, along with their agents and representatives. No manufacturing or similar
activities will take place on the Property. The principal purpose of the Facility will be for long-
term wine storage rather than for temporary holding for local resale or distribution. All wine
storage will take place within the existing building. The extensive existing landscaping and fencing
that currently screens the Property will be maintained to provide adequate screening. The
Applicant proposes to maintain the existing 73 parking spaces on the Property, which meet the off-
street parking requirements set forth in Section 220-12, and exceeds the required one space per
employee. The Applicant does not anticipate any extraordinary utility demands, or unlawful noise
generation from heavy HVAC equipment or generators as a result of the proposed use.
The architectural character of the building will not change and will continue to
remain in harmony with the surrounding area. The Applicant will comply with video surveillance
requirements of the warehouse portion of the Facility, and the hours of operation will be limited
as described above. Garage doors will be adequately screened from public roadways, and criteria
related to building façade and fencing materials will be met. A freight elevator will be added in
the two-story Facility, and the Facility will meet applicable fire and safety codes. Delivery vehicles
regularly serving the site will not include detachable trailers or be longer than 28 feet. Tractor
trailer deliveries are only anticipated to average once per month. Vehicle noise will be minimized
to the extent necessary to protect neighboring properties.
CONCLUSION
In sum, we submit that the Village should be pleased that a pre-eminent entity such
as Morrell has chosen to pursue this opportunity. For the reasons stated above, respectfully, the
Applicant should be granted the requested Special Permit for the proposed Specialty Warehouse
Facility.
Enclosed please find 8 sets of the materials supporting this Application for the
BOT’s review, including (i) Site Plans; (ii) Short EAF, (iii) Traffic Narrative, and (iv) Floor Plans
and Elevations prepared by Papp Architects. The Applicant is also enclosing a check in the amount
of $350 for the BOT’s application fee, and a check in the amount of $2,000 for a renewable escrow
account. Separate checks and an application form in connection with the Planning Board’s review
and recommendation will be provided at the appropriate time when the BOT refers the Special
Permit application to the Planning Board.
Mayor Vescio and Members of the Board of Trustees
September 27, 2021
Page | 6
Thank you for the Board’s attention.
Respectfully Submitted,
ZARIN & STEINMETZ
By: _________
David S. Steinmetz
Kasey A. Brenner
Encls.
cc: David J. Turiano, P.E., Village Engineer/Building Inspector
Philip E. Zegarelli, Village Manager
Daniel Pozin, Esq., Village Attorney
Christine Dennett, Village Clerk
JMC Planning Engineering Landscape Architecture & Land Surveying, PLLC
Papp Architects
Morrell and Company the Wine Emporium, LTD
Short Environmental Assessment Form
Part 1 - Project Information
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September 21, 2021
Chairman Nolan and Members of the Planning Board
Village of Briarcliff Manor
111 Pleasantville Road
Briarcliff Manor, NY 10510
RE: JMC Project 21084
Morrell Wine Facility
600 Albany Post Road
Village of Briarcliff Manor, NY
Traffic Narrative
Dear Chairman Nolan and Members of the Planning Board:
We have prepared this letter to provide a traffic narrative of the proposed wine storage facility on
the property located at 600 Albany Post Road in the Village. The site currently contains a vacant 2-
story building totaling 38,000 S.F. which was previously utilized as a data center with office space.
The proposal for the subject property is an adaptive re-use of the subject building to a wine
storage facility. The Applicant currently has two existing wine warehouse locations with one
located in Queens, New York and the other located in northern Delaware and are seeking to add a
third location in Westchester County.
Access to the property is currently provided via three existing driveway connections to Albany
Post Road (US Route 9). There are separate ingress and egress only driveways as well as a
southern two-way service entrance driveway which also provides access for two residential
properties at 610 & 640 Albany Post Road. Albany Post Road provides a two-way left turn lane
along the property’s frontage which allows for left turn entering vehicles to enter their own lane to
queue (not interrupting the through traffic along Albany Post Road) and wait for a gap in the traffic
along Albany Post Road southbound in order to complete their left turn.
The proposed wine storage facility would house warehouse operations and ancillary office
operations. The Applicant anticipates having 20 employees working at this proposed location. The
facility would only be open Mondays through Fridays. The hours of operations for the warehouse
operations would be from 8:00 AM to 5:00 PM while the office operations would be from 9:00 AM
to 6:00 PM.
The below Table A depicts the trips generated if the existing 38,000 S.F. building were to be
reoccupied by the same previous uses (i.e. partially data center and partially general office) as well
as the trips generated by the proposed 38,000 S.F. wine storage facility. The table compares trips
associated with the existing and proposed uses and depicts the net additional trips. The projected
trips depicted in the below table are based on information published by the Institute of
Transportation Engineers (ITE) in its publication “Trip Generation Manual, 10th Edition”. The trips
depicted in the below table exclude any credits for pass-by, internal, pedestrian, or multimodal
trips.
Table A
Development Trip Comparison
Peak Weekday Peak Weekday
Description AM Hour PM Hour
Enter Exit Total Enter Exit Total
21,000 S.F. Data Center Portion of 1 1 2 1 1 2
Reoccupied Building
(ITE Code 160)(1)
17,000 S.F. General Office Portion of 17 3 20 3 18 21
Reoccupied Building
(ITE Code 710)(2)
Total Reoccupied 38,000 S.F. Building 18 4 22 4 19 23
Proposed 20 Employee Wine Storage 11 4 15 5 8 13
Building
(ITE Code 150)(3)
Net Additional Trips -7 0 -7 1 -11 -10
Notes:
(1) Data Center (ITE Code 160) is defined by ITE as a free-standing warehouse type of facility that is primarily used for
off-site storage of computer systems and associated components including applications and secure data.
(2) General Office Building (ITE Code 710) is defined by ITE as a location where affairs of businesses, commercial or
industrial organizations, or professional persons or firms are conducted.
(3) Warehousing (ITE Code 150) is defined by ITE as a building primarily devoted to the storage of materials, but it
may also include office and maintenances areas.
As shown in Table A, the reoccupied 38,000 S.F. building to its previous data center/office use is
projected to generate approximately 22 total trips during the peak weekday AM hour and 23 total
trips during the peak weekday PM Hour. The proposed 20 employee wine storage building is
projected to generate approximately 15 and 13 total trips during the peak weekday AM and PM
hours, respectively. The proposed wine storage building represents an overall reduction of 7 and
10 trips during the peak weekday AM and PM hours, respectively, compared to the reoccupied
data center and office uses for the 38,000 S.F. building. The projected reduction of 7 trips during
the peak weekday AM hour represents a reduction of 1 trip every 8.5 minutes during the hour.
The projected reduction of 10 trips during the peak weekday PM hour represents a reduction of 1
trip every 6 minutes during the hour.
The Applicant anticipates an average of 3 deliveries to/from the proposed wine storage facility daily
utilizing vans and/or box trucks. Tractor trailer deliveries to/from the proposed facility are
anticipated to average once every month. Tractor trailer deliveries would utilize Interstate 87/287
and US Route 9 to travel to/from the property.
In conclusion, the proposed wine storage facility would result in reduced peak hour traffic volumes
compared to the reoccupancy of the building to its prior uses as shown in the attached tables.
Additionally, the number of anticipated tractor trailer deliveries is very small compared to other
uses.
Sincerely,
JMC Planning Engineering Landscape Architecture & Land Surveying, PLLC
Marc Petroro, PE, PTOE
Senior Project Manager P:\2021\21084\ADMIN\ltNolan 2021-09-21.docx
2
SITE PLAN APPROVAL DRAWINGS
MORRELL WINE FACILITY
TAX MAP SECTION 104.11 | BLOCK 01 | LOT 40
WESTCHESTER COUNTY
600 ALBANY POST ROAD
VILLAGE OF BRIARCLIFF MANOR
Applicant: JMC Drawing List:
MORRELL AND COMPANY THE WINE EMPORIUM, LTD. C-000 COVER SHEET
12 E 49TH ST, FL 33 C-010 EXISTING CONDITIONS MAP
NEW YORK, NY 10017 C-100 SITE LAYOUT PLAN
APPLICANT PHONE C-900 CONSTRUCTION DETAILS
Surveyor:
FIRST ORDER, LLC
4384 HECKTOWN ROAD, SUITE B
BETHLEHEM, PA 18020
(610) 365-2907
Architect:
PAPP ARCHITECTS
188 EAST POST ROAD
WHITE PLAINS, NY 10601-4911
(914) 949-1851
Site Planner & Civil Engineer:
120 BEDFORD ROAD
COPYRIGHT © 2021 by JMC All Rights Reserved. No part of this document may be reproduced, stored in a retrieval system, or transmitted in any form or by means, electronic, mechanical,
ARMONK, NY 10504
(914) 273-5225
photocopying, recording or otherwise, without the prior written permission of JMC PLANNING, ENGINEERING, LANDSCAPE ARCHITECTURE & LAND SURVEYING, PLLC | JMC SITE DEVELOPMENT
AREA MAP
SCALE: N.T.S.
SUBSURFACE UTILITY LOCATIONS ARE BASED ON
CONSULTANTS, LLC | JOHN MEYER CONSULTING, INC. (JMC). Any modifications or alterations to this document without the written permission of JMC shall render them invalid and unusable.
A COMPILATION OF FIELD EVIDENCE, AVAILABLE
RECORD PLANS AND/OR UTILITY MARK-OUTS.
THE LOCATION OR COMPLETENESS OF
UNDERGROUND INFORMATION CANNOT BE
GUARANTEED. VERIFY THE ACTUAL LOCATION
OF ALL UTILITIES PRIOR TO EXCAVATION ANY ALTERATION OF PLANS,
OR CONSTRUCTION. SPECIFICATIONS, PLATS AND
REPORTS BEARING THE SEAL
OF A LICENSED PROFESSIONAL
ENGINEER OR LICENSED LAND
SURVEYOR IS A VIOLATION OF
SECTION 7209 OF THE NEW
YORK STATE EDUCATION LAW,
EXCEPT AS PROVIDED FOR BY
SECTION 7209, SUBSECTION 2.
Drawn: Approved:
No. Revision Date By
Scale:
Date:
Project No:
ZONING / VICINITY MAP Drawing No:
SCALE: 1" = 750
SOURCE: VILLAGE OF BRIARCLIFF
ZONING MAP/2020
COPYRIGHT © 2021 by JMC All Rights Reserved. No part of this document may be reproduced, stored in a retrieval system, or transmitted in any form or by means, electronic, mechanical,
photocopying, recording or otherwise, without the prior written permission of JMC PLANNING, ENGINEERING, LANDSCAPE ARCHITECTURE & LAND SURVEYING, PLLC | JMC SITE DEVELOPMENT
CONSULTANTS, LLC | JOHN MEYER CONSULTING, INC. (JMC). Any modifications or alterations to this document without the written permission of JMC shall render them invalid and unusable.
No.
Revision
ANY ALTERATION OF PLANS,
SPECIFICATIONS, PLATS AND
REPORTS BEARING THE SEAL
OF A LICENSED PROFESSIONAL
ENGINEER OR LICENSED LAND
Date SURVEYOR IS A VIOLATION OF
SECTION 7209 OF THE NEW
YORK STATE EDUCATION LAW,
EXCEPT AS PROVIDED FOR BY
By
SECTION 7209, SUBSECTION 2.
APPLICANT/OWNER:
Date: Scale: Drawn:
Drawing No: Project No:
ARCHITECT:
Approved:
COPYRIGHT © 2021 by JMC All Rights Reserved. No part of this document may be reproduced, stored in a retrieval system, or transmitted in any form or by means, electronic, mechanical,
photocopying, recording or otherwise, without the prior written permission of JMC PLANNING, ENGINEERING, LANDSCAPE ARCHITECTURE & LAND SURVEYING, PLLC | JMC SITE DEVELOPMENT
CONSULTANTS, LLC | JOHN MEYER CONSULTING, INC. (JMC). Any modifications or alterations to this document without the written permission of JMC shall render them invalid and unusable.
No.
Revision
ANY ALTERATION OF PLANS,
SPECIFICATIONS, PLATS AND
REPORTS BEARING THE SEAL
OF A LICENSED PROFESSIONAL
ENGINEER OR LICENSED LAND
Date SURVEYOR IS A VIOLATION OF
SECTION 7209 OF THE NEW
YORK STATE EDUCATION LAW,
EXCEPT AS PROVIDED FOR BY
By
SECTION 7209, SUBSECTION 2.
APPLICANT/OWNER:
Date: Scale: Drawn:
Drawing No: Project No:
ARCHITECT:
Approved:
COPYRIGHT © 2021 by JMC All Rights Reserved. No part of this document may be reproduced, stored in a retrieval system, or transmitted in any form or by means, electronic, mechanical,
photocopying, recording or otherwise, without the prior written permission of JMC PLANNING, ENGINEERING, LANDSCAPE ARCHITECTURE & LAND SURVEYING, PLLC | JMC SITE DEVELOPMENT
CONSULTANTS, LLC | JOHN MEYER CONSULTING, INC. (JMC). Any modifications or alterations to this document without the written permission of JMC shall render them invalid and unusable.
Date: ANY ALTERATION OF PLANS, No. Revision Date
Scale: Drawn:
Project No: SPECIFICATIONS, PLATS AND
Drawing No:
REPORTS BEARING THE SEAL
OF A LICENSED PROFESSIONAL
ENGINEER OR LICENSED LAND
SURVEYOR IS A VIOLATION OF
SECTION 7209 OF THE NEW
Approved:
YORK STATE EDUCATION LAW,
EXCEPT AS PROVIDED FOR BY
SECTION 7209, SUBSECTION 2.
J H G F E D C B A
1
J H G F E D C B A
1
1A
1A
2
2
2A
2A
3
3
3,984 S.F.
4
4
5
5
GROUND FLOOR PLAN FIRST FLOOR PLAN
1 1/16" = 1'-0"
2 1/16" = 1'-0"
PROPOSED ALTERATION
600 ALBANY POST ROAD
BRIARCLIFF MANOR, NY 10510
MORRELL AND COMPANY THE WINE
PLAN EMPORIUM, LTD.
12 EAST 49TH STREET, 33RD FLOOR
NEW YORK, NY 10017
Papp Architects
a r c h i t e c t u r e | p l a n n i n g | i n t e r i o r s
188 East Post Road, White Plains, NY 10601
(914) 949-1851 | www.papparchitects.com
John Meyer Consulting, Inc.
Site / Civil Engineer
120 Bedford Road
Armonk, NY 10504
(914) 273-5225
FLOOR PLANS AND DETAILS
09-28-2021
SIDE ELEVATION END ELEVATION
AS NOTED
PROPOSED
PROPOSED 500KW EMERGENCY 500KW EMERGENCY GENERATOR
GENERAT
W/ SOUND ATTENUATED W/ SOUND ATTENUATED ENCLOSURE
ENCLOSURE 2121
3
ELEVATING DOCK LIFT SECTION
3/4" = 1'-0"
4
DRAWING
EMERGENCY GENERATOR (SEE DRAWING C-100 FOR
1 1/2" = 1'-0"
C-100 FO
LOCATION) SD-401
NORTH ELEVATION EAST ELEVATION
1 1/16" = 1'-0"
2 1/16" = 1'-0"
SOUTH ELEVATION WEST ELEVATION PROPOSED ALTERATION
3 4
1/16" = 1'-0" 1/16" = 1'-0"
600 ALBANY POST ROAD
BRIARCLIFF MANOR, NY 10510
MORRELL AND COMPANY THE WINE
EMPORIUM, LTD.
12 EAST 49TH STREET, 33RD FLOOR
NEW YORK, NY 10017
Papp Architects
a r c h i t e c t u r e | p l a n n i n g | i n t e r i o r s
188 East Post Road, White Plains, NY 10601
(914) 949-1851 | www.papparchitects.com
John Meyer Consulting, Inc.
Site / Civil Engineer
120 Bedford Road
Armonk, NY 10504
(914) 273-5225
EXTERIOR ELEVATIONS
09-28-2021
AS NOTED
2121
SD-402
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
OCTOBER 5, 2021
2. CONTINUED PUBLIC HEARING - CHAPTER 142, MARIJUANA
(CANNABIS) AND TOBACCO
RESOLUTION PROVIDED IN THE EVENT THE BOARD WISHES TO ADOPT.
BE IT RESOLVED that the proposed local law to create a new Chapter 142,
Marijuana (Cannabis) and Tobacco of the Code of the Village of Briarcliff Manor
is hereby adopted.
Chapter 142 Marijuana FOR BOT DISCUSSION ONLY 9-28-2021
Commented [AB1]: This should be entitled “Cannabis.”
Chapter 142. Marijuana (Cannabis) and Tobacco Cannabis is the scientific/botanical term. Even if they
wanted to use this title, it should be “Marihuana” not
§ 142-1. Legislative intent and purpose. “Marijuana.” The MRTA uses “h” not “j.” Plus, the term
“marijuana” is not defined while “cannabis” is.
A.
New York State’s recent decriminalization of recreational marijuana allows local municipalities to
impose their own local smoking and vaping restrictions that may be more stringent than what is
mandated under Public Health Law Article 13‐E (the “Clean Air Act”).
B.
The purpose of this chapter is to prohibit the use of cannabis and marijuana in certain public places in
order to prevent disturbance to the public; to protect the public health, safety and welfare; to promote
the public good; and to publish rules on the local use and restrictions in effect within the Village of
Briarcliff Manor.
§ 142-2. Definitions.
As used in this chapter, unless the context or subject matter otherwise requires, the following words
shall have the following meanings:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the
resin extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of
the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination. It does not include hemp, cannabinoid hemp, or hemp
extract as defined by NYS MRTA or any drug products approved by the federal Food and Drug
Administration.
CONCENTRATED CANNABIS
(a) the separated resin, whether crude or purified, obtained from a plant of the genus
cannabis; or (b) a material, preparation, mixture, compound or other substance which contains
more than three percent by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-9
dibenzopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6)
monoterpene numbering system. .
MARIJUANA
For the purposes of this chapter, “Marijuana” may be used interchangeably with “Cannabis.”
§ 142-3. Personal Use.
A.
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Chapter 142 Marijuana FOR BOT DISCUSSION ONLY 9-28-2021
Notwithstanding any other provision of this Chapter to the contrary, and consistent with the New York
State Laws (Chapter 7‐A, Cannabis Law) any individual 21 or older may:
(a) possess, display, purchase, obtain, or transport up to 3 ounces of cannabis and up to 24 grams of
concentrated cannabis in public;
(b) transfer, without compensation, to another person 21 or older, up to 3 ounces of cannabis and up
to 24 grams of concentrated cannabis;
(c) use, smoke, ingest, or consume cannabis or concentrated cannabis unless otherwise prohibited
by state law, or other restrictions herein;
(d) possess, use, display, purchase, obtain, manufacture, transport or give to any person 21 or older
cannabis paraphernalia or concentrated cannabis paraphernalia;
(e) plant, cultivate, harvest, dry, process or possess cultivated cannabis in accordance with Penal Law
§ 222.15; and
(f) (i) assist another person who is 21 or older or (ii) allow property to be used in any of the acts
described in the preceding paragraphs.
§ 142-4. Consumption in public places.
The following restrictions do not apply to smoking, vaping, or consumption in a residence or within
the real property boundary lines of residential real property:
A.
Outdoor restrictions.
1.
No person shall, within the Village of Briarcliff Manor, smoke or vape marijuana in any area where
tobacco smoking is also prohibited, including while such person is in, upon, or within one hundred feet
(100’) of any of the following outdoor areas:
(a) public transportation facilities;
(b) public parking lots;
(c) public swimming pools;
(d) playgrounds;
(e) public parks;
(f) ticketing, boarding or platform areas of railroad stations operated by the MTA; or
(g) on the grounds of hospitals and residential health care facilities, except in lawful, designated areas.
2.
No person shall, within the Village of Briarcliff Manor, smoke or vape marijuana or tobacco products
in any covered municipal structure, except within any clearly marked, designated area.
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Chapter 142 Marijuana FOR BOT DISCUSSION ONLY 9-28-2021
B.
Indoor restrictions. With respect to smoking and vaping, cannabis is treated the same as smoking or
vaping tobacco products. Consequently, pursuant to Public Health Law Article 13‐E, tobacco, and
cannabis products may not be smoked or vaped in the following indoor areas:
(a) places of employment;
(b) bars;
(c) food service establishments, except as provided in Public Health Law § 1399‐q;
(d) enclosed indoor areas open to the public containing a swimming pool;
(e) public means of mass transportation, including waiting areas and, when occupied by passengers,
buses, vans, taxicabs and limousines;
(g) ticketing, boarding and waiting areas in public transportation terminals;
(f) youth detention centers and facilities;
(g) any facility that provides child care services;, except in private homes providing such services when
enrolled children are not present;
(h) child day care centers;
(i) group homes for children;
(j) public institutions for children;
(k) residential treatment facilities for children and youth;
(l) all public and private colleges, universities and other educational and vocational institutions,
including dormitories, residence halls, and other group residential facilities that are owned or operated
by such colleges, universities and other educational and vocational institutions, except that these
restrictions do not apply in any off‐campus residential unit occupied by a person who is not enrolled
as an undergraduate student in such college, university or other educational or vocational institution;
(n) general hospitals and residential health care facilities;
(o) commercial establishments used for the purpose of carrying on or exercising any trade, profession,
vocation or charitable activity;
(p) indoor arenas;
(q) zoos; and
(r) bingo facilities.
C. Schools and libraries. Pursuant to Penal Law § 222.10 and Public Health Law Article 13‐E,
individuals may not smoke, vape or ingest cannabis or concentrated cannabis on school grounds (as
defined by Education Law 1125(10)), within 100 feet of entrance, exit or outdoor areas of an
elementary or secondary school or of a public library (except this does not apply to smoking or vaping
in a residence or within the real property boundary lines of residential real property), or in or on a
school bus.
D. No person shall, within the Village of Briarcliff Manor, smoke or vape marijuana or tobacco products
inside of any municipal building, except within any clearly marked, designated area.
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Chapter 142 Marijuana FOR BOT DISCUSSION ONLY 9-28-2021
E. Smoking and vaping shall not be permitted where prohibited by any other law, rule, or regulation
of any State or County agency.
§ 142-5. Personal Cultivation of Cannabis.
A.
individuals 21 or older may plant, cultivate, harvest, dry, process and possess up to three mature
cannabis plants and three immature cannabis plants at their private residence at any one time.
B.
Cannabis must be securely stored by reasonable steps designed so that the plants are not accessible
to any person under 21.
C.
No more than six mature and six immature cannabis plants may be cultivated within any private
residence, regardless of the number of individuals 21 or older who reside there. Individuals may
lawfully possess up to five pounds of cannabis in their private residence or on the grounds of their
private residence, so long as they take reasonable steps designed to ensure that the cannabis is in a
secured place not accessible to any person under 21.
D.
Personal cultivation of cannabis pursuant to NYS Penal Law § 222.15 is not allowed until the NYS
Office of Cannabis Management issues regulations for home cultivation and storage. Commented [PSC2]: The Office must issue such
regulations for home cultivation by certified cannabis
patients no later than September 30, 2021. Regulations
§ 142-6. Penalties for offenses. for personal cultivation by adult‐use cannabis
consumers must be promulgated no later than 18
Any person, upon conviction for a violation of this chapter, shall be guilty of a violation as defined in months following the first authorized retail sale of adult‐
use cannabis products to a cannabis consumer.
Article 222 Cannabis of the NYS Penal Law, and shall be subject to civil penalties of no more than Consequently, legal home cultivation for recreational
$200. use is not likely to be allowed under the state law until
2024 or beyond.
§ 142-7. Severability.
If any provision of this chapter or application thereof to any person or circumstances is held invalid,
such invalidity shall not affect other provisions or applications of this chapter that can be given effect
without the invalid provision or application, and to this end the provisions of this chapter are declared
severable.
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VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
OCTOBER 5, 2021
3. AUTHORIZE INTERIM VILLAGE MANAGER TO EXECUTE AN
AGREEMENT WITH PUBLIC SECTOR HR CONSULTANTS, LLC
(PSHRC) – EMPLOYEE HANDBOOK UPDATE
BE IT RESOLVED that the Interim Village Manager is hereby authorized
and directed to execute an Agreement with Public Sector HR Consultants,
LLC (PSHRC) for Professional Services to update the Village’s Employee
Handbook.
VILLAGE OF BRIARCLIFF
MANOR
_________________
Professional Services Agreement
_________________
HR CONSULTING SERVICES
Parties To Agreement
This Professional Services Agreement is made by and between the Village of Briarcliff Manor, herein
referred to as the “Client”, and Public Sector HR Consultants LLC (PSHRC), with principal offices located
at 14 Knollwood Drive, Glenville, NY, 12302.
PSHRC provides a comprehensive human resource management consulting service. PSHRC does not
represent that it is in the practice of law, but provides administrative and consulting services to effectively
manage the Client’s human resource management needs. In the event the Client requests that its legal
counsel participates in any aspect of PSHRC’s human resource management, PSHRC will consult with the
Client’s legal counsel as directed. The Client understands and agrees that PSHRC’s role is limited to an
advisory capacity only and that the application and implementation of the information and services
provided by PSHRC, and any employment actions pursued as a result of advice furnished by PSHRC, are
solely the responsibility of the Client. Furthermore, the Client understands that neither PSHRC nor any
other party can determine with certainty how an appropriate government agency or other trier of fact may
apply the law with regard to a specific factual situation. As a result of such, the Client acknowledges that
PSHRC shall not be responsible to the Client as a result of a determination made by a government agency
and/or other trier of fact absent gross negligence or willful misconduct of PSHRC, in which case damages
shall be limited to consideration paid to PSHRC.
Scope of Services – Employee Handbook Update
Public Sector HR Consultants LLC will review and update the Village of Briarcliff Manor
Employee Handbook. The specific professional services to be provided by PSHRC will include:
1. Conduct an on-site consultation meeting with designated Village Officials and staff to review
current Human Resource practices and procedures addressed in the Employee Handbook and
determine and/or recommend improvements and modifications.
2. Identify new compliance regulations, employee benefits, and personnel policies, procedures
and established practices in need of revision and prepare specific modifications to be
incorporated into the Employee Handbook.
3. Provide an executive draft of the revised Employee Handbook (electronic copy) for review
by designated Village Officials and staff.
4. Conduct follow-up telephone consultation as necessary to identify any further modifications
that may be desired or necessary.
5. Produce a master copy of the finalized Employee Handbook (electronic copy to designated
Village Officials and staff.) Bulk printing of the Employee Handbook is not included in this
proposal.
Public Sector HR Consultants LLC
14 Knollwood Drive Glenville, New York 12302 Phone 518.399.4512 Fax 518.384.1963
Village of Briarcliff Manor
Professional Services Agreement
Page 2 of 2
Fee for Services
• Employee Handbook Update - The fee will be $1,850.
• Travel Expenses – The Village of Briarcliff Manor will be responsible for reimbursing
PSHRC for all travel expenses (limited to mileage and tolls) directly related to providing
services detailed in this proposal. The mileage rate that will be charged shall be the IRS
mileage rate in effect at the time travel occurs.
• Terms of Payment – The fee for the Employee Handbook Update will be billable upon
delivery of the initial draft of the document. The fee for the optional on-site workshop will be
billable upon completion of the workshop.
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement
through their respective representatives.
Village of Briarcliff Manor Public Sector HR Consultants LLC
Signature: Signature:
Date: Date: 9/28/21
By: By: Ronni M. Travers, SPHR
Title: Title: President
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
OCTOBER 5, 2021
4. ADOPTION OF COVID SICK LEAVE POLICY
BE IT RESOLVED that the Village Board of Trustees hereby adopts the following COVID
Sick Leave Policy for the Village of Briarcliff Manor subject to non-material changes:
Use of COVID-19 Paid Sick Leave
Policy Statement – On March 18, 2020, State legislation was signed into law
offering job protection and pay for employees who have been quarantined as a
result of novel coronavirus, or COVID-19. The new law guarantees job-protected
paid leave to employees who are subject to a mandatory or precautionary order of
quarantine or isolation for COVID-19, issued by the state of New York, the
Department of Health, local board of health, or any government entity duly
authorized to issue such order, or whose minor dependent child is under such an
order.
Eligibility – All employees are eligible for paid leave under the COVID-19 sick leave
law. A part-time employee’s pay will be computed by adding their wages for the eight
weeks prior to the start of their leave and dividing the total by eight.
Guidelines – In accordance with the most recently released COVID-19 paid leave
legislation, and NYS Department of Labor guidance, released on January 20, 2021, an
employee who is subject to a mandatory or precautionary order of quarantine or isolation
will be guaranteed job protection for the duration of the order of quarantine or isolation,
and up to fourteen (14) calendar days of paid sick leave (i.e. the number of workdays that
fall within the fourteen calendar day period). For example, if an employee is scheduled to
work ten days in the fourteen calendar day period, the employee will receive paid leave for
ten days, at their regular rate of pay. This paid leave will not cover any overtime that an
employee may have missed out on during the fourteen calendar day period.
Please note, under certain circumstances, an employee may be released from a
mandatory or precautionary order of quarantine or isolation earlier than fourteen days. In
this event, the employee would be required to return to work for their next scheduled
workday or use their paid leave to extend their absence. Under no circumstances may an
employee “bank” or use this leave on non-consecutive days.
The below guidelines are subject to change, in accordance with additional guidelines or
changes released by the New York State Department of Health:
1. An employee who returns to work following a period of mandatory quarantine
or isolation does not need to be tested before returning to work. However, an
employee who subsequently receives a positive diagnostic test result for
COVID-19 must not report to work. The employee shall be deemed to be
subject to a mandatory order of isolation from the Department of Health and
shall be entitled to sick leave as required by New York’s COVID-19 sick leave
law, whether or not the employee already has received sick leave as required
by the law for the first period of quarantine or isolation. However, the
employee must submit documentation from a licensed medical provider or
testing facility attesting that the employee has tested positive for COVID-19.
The employee does not need to submit documentation of a positive result if
the Village of Briarcliff Manor gave the employee the test for COVID-19 that
showed the positive result. All documentation should be submitted to the
Village Manager’s Office.
2. An employee who is subject to an order of quarantine or isolation but
continues to test positive for COVID-19 after the end of such quarantine or
isolation period must not report to work. Please note that an employee may
not “test-out” of a mandatory isolation or quarantine. The employee shall be
deemed to be subject to a second mandatory order of isolation from the
Department of Health and shall be entitled to sick leave as required by New
York’s COVID-19 sick leave law for the second period of isolation. However,
the employee must submit documentation from a licensed medical provider or
testing facility attesting that the employee has received a positive diagnostic
test for COVID-19 after completing the initial period of isolation. The
employee does not need to submit documentation of a positive result if the
Village of Briarcliff Manor gave the employee the test for COVID-19 that
showed the positive result. All documentation should be submitted to the
Village Manager’s Office.
3. If the Village mandates that an employee who is not otherwise subject to a
mandatory or precautionary order of quarantine or isolation to remain out of
work due to exposure or potential exposure to COVID-19, regardless of
whether such exposure or potential exposure was in the workplace, the Village
shall continue to pay the employee at the employee’s regular rate of pay until
such time as the Village permits the employee to return to work or the
employee becomes subject to a mandatory or precautionary order of
quarantine or isolation, at which time the employee shall receive sick leave as
required by New York’s COVID-19 sick leave law, in accordance with this
guidance, for the period of time the employee is subject to such mandatory or
precautionary order of quarantine or isolation.
4. In no event shall an employee qualify for sick leave under New York’s COVID-
19 sick leave law for more than three orders of quarantine or isolation. The
second and third orders must be based on a positive COVID-19 test in
accordance with paragraphs 1 and 2.
Working from Home – An employee who has the ability to work from home, may be
advised to work from home by the Village Manager. Employees that are considered
“essential,” will always be expected to report to work, unless they have been issued a
mandatory or precautionary order of quarantine or isolation to remain out of work due to
exposure or possible exposure to COVID-19. A list of the Village’s job titles that have
been deemed “essential,” are as follows:
• ASSISTANT GENERAL FOREMAN
• AUTOMOTIVE MECHANIC
• CARETAKER
• CODE ENFORCEMENT OFFICER
• DETECTIVE
• GENERAL FOREMAN
• LABORER
• MEO SANITATION
• MEO SPECIAL EQUIP OPERATOR II
• MOTOR EQUIPMENT OPERATOR
• PARK FOREMAN
• PATROLMAN
• POLICE CHIEF
• POLICE LIEUTENANT
• SANITATION WORKER
• SECRETARY TO VILLAGE MANAGER
• SERGEANT
• SKILLED LABORER
• SUPERINTENDENT OF PUBLIC WORKS
• VILLAGE CLERK
• VILLAGE ENGINEER
• VILLAGE MANAGER
• VILLAGE TREASURER
• W&S MAINTENANCE WORKER II
• WATER & SEWER MAINT FOREMAN
• WATER MAINT WORKER 1
Voluntary Work from Home – Any employee who has been issued a mandatory
quarantine or isolation order, is not mandated to work from home by the Village.
However, if the employee would like to work from home during their isolation or quarantine
period, they may do so. The employee will not be required to track their work hours, and
will still be paid their full amount.
Vaccination Status – Whether or not the Village mandates that an employee not report to
work, or remain out of work, may depend upon an employee’s vaccination status.
According to CDC guidelines, a fully vaccinated employee, who has been exposed to
COVID-19, does not need to quarantine. If a fully vaccinated employee comes into
contact with COVID-19, they will be required by the Village to wear a mask, at all times,
for at least fourteen calendar days and should monitor themselves for possible symptoms.
Disclaimer – This policy is subject to change in accordance with newly released
regulations set forth by the CDC, New York State Department of Health and/or Executive
Order. If at any point, this policy conflicts with a Federal, State or local regulation, then
the applicable government regulation will prevail.
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