Mayor & Board of Trustees

AGENDA TUESDAY DECEMBER 7, 2021 BOARD OF TRUSTEES VILLAGE OF BRIARCLIFF MANOR WILLIAM J. VESCIO COMMUNITY CENTER 1 LIBRARY ROAD REGULAR MEETING – 7:30 PM 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. For those members of the public interested in viewing and/or participating in the meeting remotely, visit https://www.briarcliffmanor.org/home/events/25231. Pledge of Allegiance 1. Continued Public Hearings: a. Consider a Local Law Opting Out of the Licensing of [Cannabis Retail Dispensaries and/or Cannabis On-Site Consumption] Establishments Within the Village of Briarcliff Manor Pursuant to NYS Cannabis Law § 131 b. Amend Chapter 178, Solar and Alternative Energy Board of Trustees Announcements Village Managers Report Police Outreach Report Village Engineer’s Report Committee Reports Public Comments 2. Creation of Additional Member Spots on the Recreation Advisory Committee 3. Appointment of Recreation Advisory Committee Members 4. Tax Certiorari 5. Budget Amendment - PEG 6. Fire Department Memberships 7. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, DECEMBER 21, 2021  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 7, 2021 1. CONTINUATION PUBLIC HEARINGS A. A LOCAL LAW OPTING OUT OF THE LICENSING OF [CANNABIS RETAIL DISPENSARIES AND/OR CANNABIS ON-SITE CONSUMPTION] ESTABLISHMENTS WITHIN THE VILLAGE OF BRIARCLIFF MANOR PURSUANT TO NYS CANNABIS LAW § 131.” BE IT RESOLVED that the proposed local law Opting Out of the Licensing of [Cannabis Retail Dispensaries and/or Cannabis On-Site Consumption] Establishments Within the Village of Briarcliff Manor Pursuant to NYS Cannabis Law § 131.” is hereby adopted. B. AMEND CHAPTER 178, SOLAR AND ALTERNATIVE ENERGY BE IT RESOLVED that the proposed local law to amend Chapter 178, Solar and Alternative Energy of the Code of the Village of Briarcliff Manor is hereby adopted.  A LOCAL LAW ADOPTED PURSUANT TO CANNABIS LAW § 131 OPTING OUT OF LICENSING AND ESTABLISHING RETAIL CANNABIS DISPENSARIES AND/OR ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS WITHIN THE VILLAGE OF BRIARCLIFF MANOR BE IT ENACTED by the Board of Trustees of the Village of Briarcliff Manor, New York, as follows: Section 1. Legislative Intent It is the intent of this local law to opt the Village of Briarcliff Manor out of hosting retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries. Section 2. Authority This local law is adopted pursuant to Cannabis Law § 131, which expressly authorizes cities and villages to opt-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries. Section 3. Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out The Board of Trustees of the Village of Briarcliff Manor, County of Westchester, hereby opts-out of licensing and establishing cannabis retail dispensaries and/or cannabis on-site consumption establishments within its boundaries. Section 4. Reconsideration for repeal Within sixty (60) days after the establishment [or finalization] of application, licensing, and permitting processes for the licensing of dispensaries by the New York State Office of Cannabis Management, the Board of Trustees of the Village of Briarcliff Manor will hold a public meeting to review the potential impacts and benefits of local dispensaries and on-site consumption establishments and consider the repeal or continuation of this local law. Section 54. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. {01170106.docx.}  Section 65. Effective date This local law shall take effect immediately upon filing with the Secretary of State. Pursuant to Cannabis Law § 131, this local law is subject to a permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a referendum has been conducted approving this local law. {01170106.docx.} Chapter 178 Solar and Alternative Energy 11-14-2021 Chapter 178. Solar and Alternative Energy Article I. Solar Energy Collectors § 178-1 Statement of purpose. The Board of Trustees desires to facilitate the use of solar energy collectors to further energy saving and conservation, but the Trustees also recognize that regulation of the construction, placement, and operation of solar energy collectors are matters of public importance which concern issues of aesthetics, lighting, and the possible depreciation of property values by reason of improperly installed, placed, maintained, or operated solar energy collectors. This section shall be read and construed in furtherance of the foregoing purposes and is enacted under the authority granted by New York State Village Law § 7-700. § 178-2 Generally applicable standards. All solar energy collectors shall be subject to the following requirements: A. Solar energy collectors shall be permitted (a) to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected; (b) to capture solar energy and convert it to electrical energy for interconnection to the utility grid under New York State regulations for remote net-metering and/or community distributed generation (CDG or community solar) or (c) to promote usage of alternate energy sources consistent with any solar energy programs approved by the New York State Energy Research and Development Authority (NYSERDA) in accordance with New York Public Service Law § 66-j or similar state or federal statute. B. A building permit shall be required for installation of all solar energy collectors, which shall be considered structures for the purpose of compliance with all Village codes. C. All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the National Electric Code, NYS Uniform Fire Prevention and Building Code (“Building Code”), the NYS Energy Conservation Code (“Energy Code”), and the Code of the Village of Briarcliff Manor (“Village Code”). D. Whenever practicable, solar energy collectors shall be located in areas and ways which most mitigate their visibility from surrounding properties. E. All solar collector installations must be performed by a qualified solar installer, and prior to operation, the electrical connections must be inspected by a third-party electrical inspector acceptable to the Building Inspector. In addition, any connection to the public utility grid must be inspected by the appropriate public utility. A qualified solar installer shall be a person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic Chapter 178 Solar and Alternative Energy 11-14-2021 installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Building Inspector or such other Village officer or employee determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts. F. Solar energy systems shall be maintained in good working order. G. When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting all applicable requirements when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Village and other applicable laws and regulations. H. Marking of equipment. (1) Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover. (2) For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated. (3) In the event any of the standards for markings in this Subsection 178-2 H are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be recommended guidelines only and the standards of such code shall apply. § 178-3 Additional standards; single-family residential zones. Solar energy collectors shall be permitted as an accessory use in any single-family residential zoning district, subject to the following requirements: A. Solar energy collectors mounted on a building or the roof of a building: (1) Shall not extend beyond the roof area and shall comply with Access and Pathway requirements per the Codes of the State of New York. Chapter 178 Solar and Alternative Energy 11-14-2021 (2) Shall be mounted no more than twelve (12) inches above the surface to which they are affixed. (3) Shall be, where practicable, installed in a manner that minimizes their visibility from public locations but still maintains their functional integrity and viability, and: [a] On a pitched roof shall not extend beyond the highest point of the roof and shall be installed parallel to the surface of such roof. [b] On a flat roof shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher. (4) All solar collectors shall have anti-reflective coatings to minimize glare. (5) Shall not exceed eighteen (18) inches above the maximum building height allowed in the underlying zoning district. B. Freestanding solar energy collectors: (1) Shall comply with setback requirements as follows: [a] When placed in a rear, front, or side yard, shall comply with all accessory building lot line setback requirements and be no less than fifteen (15) feet from every lot line at all points. [b] When placed in a rear, front, or side yard, shall be subject to site plan approval under Village Code § 220-14C. The Building Inspector shall refer any application for a building permit to install a freestanding solar energy collector to the Planning Board for such site plan approval. (2) Shall eliminate any visual disturbance from neighboring properties and from streets and be screened when possible and practicable through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area. (3) Shall not exceed (i), 5% of the lot area for any lot less than 80,000 square feet; and (ii) 2.5% of the lot area for all other lots. (4) Shall not exceed the maximum height of the greater of (i) twenty (20) feet and (ii) the maximum height for an accessory structure of the building zone of the underlying property. (5) Shall require a plan submitted to the Building Inspector as a requirement for the issuance of a building permit, (i) indicating all existing and proposed grading, excavating, filling, paving, fencing, and screening as it may relate to the proposed collector; (ii) specifying the location of all property lines and Chapter 178 Solar and Alternative Energy 11-14-2021 neighboring buildings; (iii) complying with the requirements and standards of this section. The Building Inspector may refer any such application to the Planning Board for review and comment, but nothing contained in any such review or comment shall limit or otherwise affect the authority of the Building Inspector for issuance or denial of the permit. § 178-4 Additional standards for multifamily, business, and central business zones. Solar energy collectors shall be permitted as an accessory use in any multifamily, business, or central business zoning district, subject to site plan approval under Village Code § 220-14C and the following additional requirements: A. Solar energy collectors shall comply with all the requirements of a solar energy collector placed in a single-family residential zone. B. The plan submitted to the Building Inspector as a requirement for the issuance of a building permit shall (i) indicate all existing and proposed grading, excavating, filling, paving, fencing, and screening as it may relate to the proposed collector; (ii) indicate the location of all property lines and neighboring buildings; (iii) comply with the requirements and standards of this section and of Village Code § 220- 14; (iv) be referred to the Planning Board for site plan approval under Village Code § 220-14C. § 178-5 Large-scale solar collection system or solar farm. Large-scale solar collectors or solar farms may be permitted on lots larger than four hundred thousand (400,000) square feet and shall require a special use permit in accordance with § 220-6 Special Permit Uses. § 178-6 Applicability. A. The requirements of this Section 178 Article I shall apply to all solar energy collectors permitted, installed, or modified in the Village of Briarcliff Manor after the effective date of this Local Law, excluding general maintenance and repair. B. Legally authorized solar energy collectors constructed or installed prior to the effective date of this Local Law shall not be required to meet the requirements of this Local Law. C. Modifications to an existing solar energy collector that increase the collector’s area by more than 20% shall be subject to this Local Law. D. If there is any conflict between any term or condition in this Section 178 Article I and other sections of the Village of Briarcliff Manor Code, this section shall prevail. Chapter 178 Solar and Alternative Energy 11-14-2021 Article II. Battery Energy Storage Systems § 178-7 Authority This Battery Energy Storage System Law is adopted pursuant to Article IX of the New York State Constitution, §2(c)(6) and (10), New York Statute of Local Governments, § 10 (1) and (7); sections 7- 700 through 7-704 of the Village Law of the State of New York and section 10 of the Municipal Home Rule Law of the State of New York, which authorize the Village to adopt zoning provisions that advance and protect the health, safety and welfare of the community. § 178-8 Statement of Purpose This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Village of Briarcliff Manor by creating regulations for the installation and use of battery energy storage systems, with the following objectives: A. To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems; B. To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems; C. To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and D. To create synergy between battery energy storage system development or other stated goals of the community pursuant to its Comprehensive Plan. § 178-9 Definitions As used in this Article, the following terms shall have the meanings indicated: ANSI American National Standards Institute BATTERY(IES) A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this law, batteries utilized in consumer products are excluded from these requirements. BATTERY ENERGY STORAGE MANAGEMENT SYSTEM An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. BATTERY ENERGY STORAGE SYSTEM One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows: Chapter 178 Solar and Alternative Energy 11-14-2021 A. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600kWh and, if in a room or enclosed area, consist of only a single energy storage system technology. B. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600kWh or are comprised of more than one storage battery technology in a room or enclosed area. CELL The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. COMMISSIONING A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements. DEDICATED-USE BUILDING A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following: A. The building’s only use is battery energy storage, energy generation, and other electrical grid-related operations. B. No other occupancy types are permitted in the building. C. Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems. D. Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following: 1. The areas do not occupy more than 10 percent of the building area of the story in which they are located. 2. A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment. ENERGY CODE The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time. FIRE CODE The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time. NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL) A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards. NEC Chapter 178 Solar and Alternative Energy 11-14-2021 National Electric Code. NFPA National Fire Protection Association. NON-DEDICATED-USE BUILDING All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements. NON-PARTICIPATING PROPERTY Any property that is not a participating property. NON-PARTICIPATING RESIDENCE Any residence located on non-participating property. OCCUPIED COMMUNITY BUILDING Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code, including but not limited to schools, colleges, daycare facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship. PARTICIPATING PROPERTY A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property. UNIFORM CODE The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time. § 178-10 Applicability A. The requirements of this Local Law shall apply to all battery energy storage systems permitted, installed, or modified in the Village of Briarcliff Manor after the effective date of this Local Law, excluding general maintenance and repair. B. Battery energy storage systems constructed or installed prior to the effective date of this Local Law shall not be required to meet the requirements of this Local Law. C. Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this Local Law. § 178-11 General Requirements A. A building permit and an electrical permit shall be required for installation of all battery energy storage systems. B. Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act (“SEQRA”). C. All battery energy storage systems, all Dedicated Use Buildings, and all other buildings or structures that (1) contain or are otherwise associated with a battery energy storage system and (2) subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance Chapter 178 Solar and Alternative Energy 11-14-2021 with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Village Code. § 178-12 Permitting Requirements for Tier 1 Battery Energy Storage Systems A. Tier 1 Battery Energy Storage Systems shall be permitted in all zoning districts, subject to the Uniform Code and the “Battery Energy Storage System Permit,” and exempt from site plan review. B. A building permit shall be required for installation of a Tier 1 Battery Energy Storage System. § 178-13 Permitting Requirements for Tier 2 Battery Energy Storage Systems Tier 2 Battery Energy Storage Systems are permitted through the issuance of a special use permit, as per Chapter 220-6, and shall be subject to the Uniform Code and the site plan application requirements set forth in this Section. A. Applications for the installation of Tier 2 Battery Energy Storage System shall be: 1) reviewed by the Planning Board for completeness. An application shall be complete when it addresses all matters listed in this Local Law including, but not necessarily limited to, (i) compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and (ii) matters relating to the proposed battery energy storage system and Floodplain, Utility Lines and Electrical Circuitry, Signage, Lighting, Vegetation and Tree-cutting, Noise, Decommissioning, Site Plan and Development, Special Use and Development, Ownership Changes, Safety, and Permit Time Frame and Abandonment. Applicants shall be advised within ten (10) business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review. 2) subject to a public hearing by the Planning Board, and the notification and procedural requirements related thereto. 3) referred to the County Planning Board pursuant to General Municipal Law § 239-m if required. B. Utility Lines and Electrical Circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way. C. Signage. 1) The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number. 2) As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. Chapter 178 Solar and Alternative Energy 11-14-2021 D. Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. E. Vegetation and tree-cutting. Areas within ten (10) feet on each side of Tier 2 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible. F. Noise. The use of any battery energy storage systems shall remain in compliance with Chapter 146 Noise. G. Decommissioning. 1) Decommissioning Plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include: a. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site; b. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; c. The anticipated life of the battery energy storage system; d. The estimated decommissioning costs and how said estimate was determined; e. The method of ensuring that funds will be available for decommissioning and restoration; f. The method by which the decommissioning cost will be kept current; g. The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and h. A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event. 2) Decommissioning Fund. The owner and/or operator of the energy storage system shall continuously maintain a fund or bond payable to the Village, in a form approved by the Board of Trustees for the removal of the battery energy storage system, in an amount to be determined by the Board of Trustees, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed-financial institution. All costs of the financial security shall be borne by the applicant. H. Site plan application. For a Tier 2 Battery Energy Storage System requiring a Special Use Permit, site plan approval shall be required. Any site plan application shall include the following information: 1) Property lines and physical features, including roads, for the project site. Chapter 178 Solar and Alternative Energy 11-14-2021 2) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures. 3) One- and three-line electrical diagrams detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices. 4) A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit. 5) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit. 6) Name, address, phone number, and signature of the project Applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system. 7) Zoning district designation for the parcel(s) of land comprising the project site. 8) Commissioning Plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, Battery energy storage system commissioning shall be conducted by a New York State (NYS) Licensed Professional Engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Building Department prior to final inspection and approval and maintained at an approved on-site location. 9) Fire Safety Compliance Plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code. 10) Operation and Maintenance Manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code. 11) Erosion and sediment control and storm water management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board. 12) Prior to the issuance of the building permit or final approval by the Planning Board, and required as part of the application, engineering documents must be signed and sealed by a NYS Licensed Professional Engineer. 13) Emergency Operations Plan. A copy of the approved Emergency Operations Plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information: a. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start- up following cessation of emergency conditions. Chapter 178 Solar and Alternative Energy 11-14-2021 b. Procedures for inspection and testing of associated alarms, interlocks, and controls. c. Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure. d. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire. e. Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required. f. Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility. g. Other procedures as determined necessary by the Village to provide for the safety of occupants, neighboring properties, and emergency responders. h. Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures. I. Special Use Permit Standards. 1) Setbacks. Tier 2 Battery Energy Storage Systems shall comply with the setback requirements of the underlying zoning district for principal structures. 2) Height. Tier 2 Battery Energy Storage Systems shall comply with the building height limitations for principal structures of the underlying zoning district. 3) Fencing Requirements. Tier 2 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a 6-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports. 4) Screening and Visibility. Tier 2 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports. J. Ownership Changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Building Department of such change in ownership or operator within thirty (30) days of the ownership change. A new owner or operator must provide such notification to the Building Department in writing. The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Building Department in the required timeframe. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this Local Law. § 178-14 Safety Chapter 178 Solar and Alternative Energy 11-14-2021 A. System Certification. Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable: 1) UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications), 2) UL 1642 (Standard for Lithium Batteries), 3) UL 1741 or UL 62109 (Inverters and Power Converters), 4) Certified under the applicable electrical, building, and fire prevention codes as required. 5) Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements. B. Site Access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Briarcliff Manor Fire Department. C. Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70. § 178-15 Permit Time Frame and Abandonment A. The Special Use Permit and site plan approval for a Tier 2 battery energy storage system shall be valid for a period of 24 months, provided that a building permit is issued for construction and construction has commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within twenty four (24) months after approval, the Village may extend the time to complete construction for one hundred and eighty (180) days. If the owner and/or operator fails to perform substantial construction after thirty six (36) months, the approvals shall expire. B. The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Village may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 Battery Energy Storage System and restoration of the site in accordance with the decommissioning plan. § 178-16 Enforcement A. Violations. Any violation of this Chapter 178 shall be subject to the same enforcement provisions, including civil and criminal penalties, provided for in the zoning or land use regulations of Chapter 220. B. Appeals. An appeal from any order, requirement, decision or determination made by an administrative official hereunder shall be made to the Board of Appeals within sixty (60) days of notification to such applicant or permitee and shall follow the customary process for an appeal to such board. Chapter 178 Solar and Alternative Energy 11-14-2021 § 178-17 Severability The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. Chapter 178 Solar and Alternative Energy 11-14-2021 Article III. Solar Energy System PILOT § 178-17. Purpose. This article is adopted to ensure that the benefits of the community's solar energy resource are available to the entire community, by promoting the installation of solar energy generating equipment through a payment-in-lieu-of-taxes (PILOT), granting reduced costs to system developers and energy consumers, and providing a revenue stream to the entire community. § 178-18. Authority. This article is adopted under the authority granted by: A. Article IX of the New York State Constitution, § 2(c)(8); B. New York Statute of Local Governments, § 10(5); C. New York Municipal Home Rule Law, § 10(1)(i) and (ii) and § 10(1)(a)(8); and D. New York Real Property Tax Law § 487(9). § 178-19. Definitions. For the purpose of this article, the following terms shall be defined as follows: ANNUAL PAYMENT The payment due under a PILOT agreement entered into pursuant to Real Property Tax Law § 487(9). ANNUAL PAYMENT DATE June 1 of each year. CAPACITY The manufacturer's nameplate capacity of the solar energy system as measured in kilowatts (kW) or megawatts (MW) AC. OWNER The owner of the property on which a solar energy system is located or installed, or their lessee, licensee or other person authorized to install and operate a solar energy system on the property. RESIDENTIAL SOLAR ENERGY SYSTEMS A solar energy system with a nameplate generating capacity less than 50 kW AC in size, installed on the roof or the property of a residential dwelling (including multifamily dwellings), and designed to serve that dwelling. SOLAR ENERGY EQUIPMENT Collectors, controls, energy storage devices, heat pumps and pumps, heat exchangers, windmills, and other materials, hardware or equipment necessary to the process by which solar radiation is (i) collected, (ii) converted into another form of energy such as thermal, electrical, mechanical or chemical, (iii) stored, (iv) protected from unnecessary dissipation and (v) distributed. It does not include pipes, controls, insulation or other equipment which are part Chapter 178 Solar and Alternative Energy 11-14-2021 of the normal heating, cooling, or insulation system of a building. It does include insulated glazing or insulation to the extent that such materials exceed the energy efficiency standards required by New York law. SOLAR ENERGY SYSTEM An arrangement or combination of solar energy equipment on the entire property designed to provide heating, cooling, hot water, or mechanical, chemical, or electrical energy by the collection of solar energy and its conversion, storage, protection and distribution. For the purpose of calculating capacity, "solar energy system" shall include the aggregate of all solar energy equipment and solar energy systems on the property. § 178-20. PILOT required. A. The owner of a property on which a solar energy system is located or installed (including any improvement, reconstruction, or replacement thereof), shall enter into a PILOT agreement with the Village consistent with the terms of this article, except for: (1) Single-family residential solar energy systems. (2) Solar energy systems with a capacity less than one MW. (3) Solar energy systems that do not seek or qualify for an exemption from real property taxes pursuant to Real Property Tax Law § 487(4). B. The lessee or licensee of any owner of a property required to enter into a PILOT agreement by this section, which owns or controls the solar energy system, may enter into the PILOT agreement on behalf of the owner of the property, with proof of the owner's authorization in a form acceptable to the Building Inspector C. Upon receipt of any notification from an owner or other person of intent to install a solar energy system that is not exempt from the provisions of this article pursuant to § 178-37A, the Building Inspector shall promptly, but in no case more than 60 days after receipt of the notification, notify the owner or other person of the mandatory requirement for a PILOT agreement pursuant to the terms of this article. D. Nothing in this article shall exempt any requirement for compliance with state and local codes for the installation of any solar energy equipment or a solar energy system, including other articles of this Chapter 178 Solar and Alternative Energy, nor authorize the installation of any solar energy equipment or a solar energy system. All solar energy systems must file a real property tax exemption application pursuant to Real Property Tax Law § 487 to receive a tax exemption. E. In the event the solar energy system is initially under the one MW threshold for a PILOT agreement, but due to subsequent improvements and/or additions of solar energy equipment on the property the solar energy system(s) on the entire property in the aggregate then meets the one MW threshold to require a PILOT agreement, the owner shall then be required to enter into a PILOT agreement for those years where the solar energy system(s) would be exempt from real property taxes under Real Property Tax Law § 487 and the capacity of the system meets the one MW threshold. In the event Chapter 178 Solar and Alternative Energy 11-14-2021 there is more than one solar energy system on the property, the payment amount for each solar energy system will be separately calculated in accordance with § 178-25H. § 178-21. Contents of PILOT agreements. Each PILOT agreement entered into shall include the following: A. Name and contact information of the owner or other party authorized to act upon behalf of the owner of the solar energy system. B. The SBL number for each parcel or portion of a parcel on which the solar energy system will be located. C. A requirement for fifteen (15) successive annual payments, to be paid commencing on the first annual payment date after the effective date of the Real Property Tax Exemption granted pursuant to Real Property Tax Law § 487. D. The capacity of the solar energy system, and that if the capacity is increased or decreased as a result of a system upgrade, replacement, partial removal or retirement of solar energy equipment, the annual payments shall be increased or decreased on a pro rata basis for the remaining years of the agreement. E. That the parties agree that under the authority of Real Property Tax Law § 487 the solar energy system shall be considered exempt from real property taxes for the fifteen-year life of the PILOT agreement. F. That the PILOT agreement may not be assigned without the prior written consent of the Village, which consent may not be unreasonably withheld if the assignee has agreed in writing to accept all obligations of the owner, except that the owner may, with advance written notice to the Village but without prior consent, assign its payment obligations under the PILOT agreement to an affiliate of the owner or to any party who has provided or is providing financing to the owner for or related to the solar energy system, and has agreed in writing to accept all payment obligations of the owner. G. That a notice of this agreement may be recorded by the owner at its expense, and that the Village shall cooperate in the execution of any notices or assignments with the owner and its successors. H. That the first annual payment to the Village of Briarcliff Manor shall be no less than three thousand Commented [PSC1]: Ossining charged $9000 per MW, dollars ($3,000) per MW of capacity. multiplied by the Town’s share of property taxes for the I. parcel, and escalating by 2% each year of the PILOT. This is That, beginning in 2022, the annual fee per MW of capacity shall escalate each year by the greater of incorrect. The fees should be set at $9000 as per 2019, the year of the law, and escalate 2% for each year thereafter. (i) 2% and (ii) the percent annual increase of the Village general fund expenses over the previous year’s general fund expenses. J. That if the annual payment is not paid when due, that upon failure to cure within thirty (30) days of notice by the Village, the Village may cancel the PILOT agreement without further notice to the owner, and the solar energy system shall thereafter be subject to taxation at its full assessed value. Chapter 178 Solar and Alternative Energy 11-14-2021 § 178-2217 Severability The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 7, 2021 2. CREATION OF ADDITIONAL MEMBER POSITIONS ON RECREATION ADVISORY COMMITTEE WHEREAS, the Board of Trustees has received an increasing amount of interest in joining committees; and WHEREAS, the Board of Trustees desires to promote volunteerism in the Village and be representative of the community; and WHEREAS, the Board of Trustees from time to time as it deems necessary for the proper carrying out of a committee’s functions shall determine the size and purpose of each such committee to facilitate the efficient operations of the committee; and WHEREAS, the Policies and Procedures for Advisory and Ad-hoc Committees provides that the Committee membership will be limited to a workable odd number; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby increases the number of committee members on the Recreation Advisory Committee from seven to nine members effective immediately.  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 7, 2021 3. COMMITTEE APPOINTMENTS BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby makes the following appointments: _______________ as a member of the Recreation Advisory Committee for a term to expire on April 1, 2023. _______________ as a member of the Recreation Advisory Committee for a term to expire on April 1, 2024.  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 7, 2021 4. TAX CERTIORARI – 1136 PLEASANTVILLE RD – GMSUE INC., WHEREAS, GMSUE INC. (1136 Pleasantville Rd, 98.10-1-48), instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2015, 2016, 2017, 2018, 2019, and 2020; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2016-2017, 2017-2018, 2018-2019, 2019-2020, and 2020-2021; and WHEREAS, an Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on November 15, 2021; WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2021-2022; NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund for Fiscal Years 2016-2017, 2017-2018, 2018-2019, and 2019-2020, totaling $1,993.08 charged to A1964.423 and 2021-2022 $244.60 charged to A0102.1001 based upon assessment values reduced in accordance with the Consent Judgment. Assessment Tax Parcel Munis Assessed Prior Reduction New New Tax Village Change Refund Refund Abate Year Year Address Parcel bill number Value Tax Bill Tax Billl Assessed Reduction Amount TOS Tax Rate In Tax Prior Year Current Year 2nd Half 2015 2016 1136 Pleasantville Rd 98.10-1-48 20161187 $ 39,300 $ 3,924.83 $ 1,216.27 $ 27,120 $ 12,180 $ 2,708.56 $ 99.873200 $ 1,216.27 $ 1,216.27 2016 2017 1136 Pleasantville Rd 98.10-1-48 20171184 $ 454,400 $ 2,512.83 $ 251.28 $ 408,960 $ 45,440 $ 2,261.55 $ 5.530000 $ 251.28 $ 251.28 2017 2018 1136 Pleasantville Rd 98.10-1-48 20181184 $ 454,400 $ 2,496.93 $ 249.70 $ 408,960 $ 45,440 $ 2,247.23 $ 5.494999 $ 249.70 $ 249.70 2018 2019 1136 Pleasantville Rd 98.10-1-48 20191184 $ 425,000 $ 2,350.28 $ 138.25 $ 400,000 $ 25,000 $ 2,212.03 $ 5.530076 $ 138.25 $ 138.25 2019 2020 1136 Pleasantville Rd 98.10-1-48 20201183 $ 425,000 $ 2,338.83 $ 137.58 $ 400,000 $ 25,000 $ 2,201.25 $ 5.503130 $ 137.58 $ 137.58 2020 2021 1136 Pleasantville Rd 98.10-1-48 20213718 $ 425,000 $ 2,446.06 $ 244.60 $ 382,500 $ 42,500 $ 2,201.46 $ 5.755440 $ 244.60 $ 122.30 $ 122.30 Totals $ 2,237.68 $ 1,993.08 $ 122.30 $ 122.30 SUMMARY Budget $ 260,000.00 A1964.423-Refund Of Real Property Prior Refunds $ 129,008.77 Tax Balance $ 130,991.23 Current Tax Cert ( PY Refund) $ 1,993.08 Current Tax Cert ( CY Refund) $ 122.30 Current Tax Cert ( CY Reduce Bill) $ 122.30 Total Refund for 1136 Pleasantville Rd $ 2,237.68 GL Expense Account GL Expense Description A1964.423 Refund of Real Prop. $ 1,993.08 A0102.1001 Real Prop Tax Rev. $ 244.60 Total Reduction Total $ 2,237.68  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 7, 2021 5. BUDGET AMENDMENT BE IT RESOLVED that the budget for fiscal year 2021-2022 is hereby amended as follows: CABLE PEG PAYMENT Increase Revenue H0101.2770 $16,508.66 Increase Expense H1230.201.15PEG $16,508.66  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA DECEMBER 7, 2021 6. FIRE DEPARTMENT MEMBERSHIPS BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Michael Austin to the Briarcliff Fire Company. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Claire Friedel to the Briarcliff Fire Company. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Ryan Prechil to the Briarcliff Fire Company.  Village Board of Trustees Regular Meeting November 9, 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 9th of November, 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 Continued Public Hearing – Chapter 195, Taxation 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 Hunt, the Board voted unanimously to close the public hearing. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED that the proposed local law to amend Chapter 195, Taxation of the Code of the Village of Briarcliff Manor is hereby adopted. Public Hearings: Consider a Local Law Opting Out of the Licensing of [Cannabis Retail Dispensaries and/or Cannabis On-Site Consumption] Establishments Within the Village of Briarcliff Manor Pursuant to NYS Cannabis Law § 131 1 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Deputy Mayor Chatzky gave a brief synopsis of the proposed law. 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 November 23, 2021. Special Permit Application for Morrell and Company the Wine Emporium, LTD – 600 Albany Post Road Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to open the public hearing. Mr. David Steinmetz, Attorney for the Applicant, explained the proposed adaptive reuse of the property. Mrs. Margaret Midgley of 1 Ivanhoe Place asked for a review of the site changes. Mr. Philip Fruchter, Architect for the Applicant, explained the site changes. The Board reviewed the County’s Referral Response. Mr. Roger Battacharia of 16 Holbrook Road asked how many employees would work onsite. Mr. Steinmetz explained the operations. Mrs. Celena Herzog on 680 Albany Post Road stated she was delighted for the proposed use and the minimal impacts to the neighbors. The Board reviewed the approval process and directed Counsel to prepare a resolution and SEQRA findings for the next meeting. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the public hearing to November 23, 2021. Board of Trustees Announcements • The BMFD reminded residents to change the batteries in smoke and CO detectors. • The Board thanked all veterans for their service. • Congratulations to all residents that ran the NYC Marathon. • Court Clerk, Rori Zirman received recognition for 20 years of service. 2  • Volunteers are needed for the Recreation Advisory Committee. • Condolences to Fire Chief Caruso with the loss of his father. • A meeting was held with the DEC regarding reducing flood impacts on the Tree Streets. • The Ragamuffin Parade was a big success. • Streetscape Work Session on November 16th. Village Manager’s Report by Interim Village Manager Rizzo • Village Hall will be closed on Veterans Day. • Leaf pickup continues throughout the Village. Police Outreach Report • No Report Village Engineer’s Report • The Hazard Mitigation Plan has been finalized and will be placed on the next agenda for formal approval. • The Tuttle Road project is complete. • The ADA project is nearly complete and landscaping is being installed. • The Mobility Enhancement Grant will likely be announced in January or February. Plans are moving ahead and a Streetscape Presentation will be given on November 16th. • A wetlands survey is being done for the trail study and dog park. • The Recreation Office hardening and remediation work has begun. • The Cell Tree should be fully completed by Thanksgiving. Committee Reports Library Board: • The programs are listed and continually updated on the website. • The Human Library will be in the Village in February 2022. Recreation Advisory Committee: • Platform Tennis permits are on sale. • Ski Lessons at Thunder Ridge are being offered. • 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 11/17 at 7PM. • Stay informed and sign up for enews. Beautification Committee: • No report. Public Comments 3 Mr. Roger Battacharia of 16 Holbrook Road brought up concerns from water runoff that was damaging his property. Mr. Josh Linett of 54 Holly Place thanked the Board for the letter the Village submitted regarding the Mount Pleasant subdivision on Sleepy Hollow Road. He stated Pocantico Lake was an amazing landscape and needed to be protected. He asked the Board to consider sending another letter. Ms. Nancy Goloditz of 816 Sleepy Hollow Road stated the Pocantico River was a critical watershed and thanked the Board for their service and support. Ms. Ali Davis of 24 Tamarack Place stated the Pocantico Lake was a great resource and encouraged the Board to send another letter to Mount Pleasant. Acceptance of Interim Village Manager Resignation The Board thanked Interim Village Manager Rizzo and awarded her with a plaque. Interim Manager Rizzo thanked the Board for having faith in her. Upon motion by Trustee Hunt, seconded by Mayor Vescio, with one no vote by Deputy Mayor Chatzky and one abstention by Trustee Midgley, the Board voted to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby accepts the resignation of Robin L. Rizzo as Interim Village Manager effective November 14, 2021. Acceptance of Planning Board Member Resignation Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby accepts the resignation of Andrew Tung as a Planning Board Member effective November 1, 2021. Reaffirm the Implementation of a Revenue Sharing Policy with the Briarcliff Manor Fire Department and Ambulance Department Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: 4 BE IT RESOLVED, that the Village of Briarcliff Manor Board of Trustees hereby authorizes and approves the Interim Village Manager to implement the Revenue Sharing Policy with the Briarcliff Manor Fire Department and Briarcliff Manor Ambulance Department. Authorize Interim Village Manager to Execute an Agreement with Westchester County – First Amendment to Urban County Cooperation Agreement Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, with one abstention by Trustee Midgley, the Board voted to adopt the following resolution: BE IT RESOLVED that the Interim Village Manager is hereby authorized and directed to execute the following agreement: This First Amendment to the Urban County Cooperation Agreement entered into this 9 day of November, 2021, between the County of Westchester (the “County”) and Briarcliff Manor. WITNESSETH: WHEREAS, the County and the Cooperating Municipality entered into an agreement (the “Cooperation Agreement”) to undertake essential community development and housing assistance activities pursuant to the Title I of the Housing and Community Development Act of 1974, as amended, (the “Act”); and WHEREAS, the United States Department of Housing and Urban Development (“HUD”) has notified the County that Paragraph 6 of the Cooperation Agreement must include all statutes and HUD regulations found in Section V, Paragraph H of the April 29, 2021 Notice from HUD entitled “Instructions for Urban County Qualification for Participation in the Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2022-2024” (the ”Notice”); and WHEREAS, the County and the Cooperating Municipality, in accordance with Section 20 of the Cooperation Agreement, agree to adopt this Amendment in order to meet the requirements as set forth in the Notice. NOW, THEREFORE, IT IS AGREED BETWEEN THE COUNTY AND THE COOPERATING MUNICIPALITY AS FOLLOWS: 1. Paragraph 6 of the Cooperation Agreement is hereby deleted in its entirety and replaced with the following: 5  “6. The County and Cooperating Municipality will take all required action to comply with the provisions of Title VI of the Civil Rights Act of 1964 and the implementing regulations at 24 CFR part 1, the Fair Housing Act of 1968 and the implementing regulations at 24 CFR part 100, and the Americans with Disabilities Act of 1990 and the implementing regulations at 28 CFR part 35, to assure compliance with the certification required by Section 104(b) and 109 of Title I of the Housing and Community Development Act of 1974 as amended and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR part 8 and the Age Discrimination Act of 1975 and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws (the “Acts”) and implementing regulations. Accordingly, the Cooperating Municipality agrees to do what is necessary, as determined by the County, to comply with each of the above referenced Acts, the rules and regulations thereunder, and the undertakings and assurances in the application form insofar as they relate to the activities and programs conducted by the Cooperating Municipality pursuant to said Grants. Further, the County is prohibited from expending Urban County funding for activities in or in support of any local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s action to comply with its fair housing certifications. In addition, the Cooperating Municipality agrees to indemnify and hold the County harmless against all losses, damages, penalties, settlements, costs, charges, fees, and other expenses or liabilities relating to or arising out of the failure of the Cooperating Municipality to comply with the Acts, the rules and regulations thereunder, and the undertakings and assurances in said application form.” 2. All other Provisions of the Cooperation Agreement shall remain in full force and effect. Authorize Interim Village Manager to Execute an Agreement with Westchester County – Summer Youth Employment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED that the Interim Village Manager is hereby authorized and directed to execute an Intermunicipal Agreement with Westchester County to provide a positive Youth Development Program “Summer Youth Employment” from January 1, 2021 through December 31, 2021. Authorize Interim Village Manager to Execute an Agreement with Town of Ossining Fire Protection Agreement 6 Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to adopt the following resolution: Whereas, recognizing the shortage of available volunteer fire department personnel due to the onset of World War II and on or about March of 1942, the TOS contracted with the VBM for such fire protection, said delineation of TOS parcels becoming what is commonly designated as TOS FD-20; and Whereas, The VBMFD continues faithfully to provide expert, professional fire services not only to the residents of VBM but those within TOS FD-20 having served since 1942 to the present without interruption, challenge or problem; and Whereas, by mutual agreement between TOS and VBM in November 2017, the VBM redefined the parameters, terms and conditions and costing formula effective for TOS's 2018 calendar year becoming the basis for all subsequent annual contractual agreements since; and Whereas, upon discussions between the TOS and VBM and notwithstanding the existing formula currently in place, an agreement had been mutually reached to extend the approved 2020 costs of service to be adjusted by an 1.56% increase (the 2021 NYS Tax Revenue Cap for Towns) for a total contractual amount of $164,230.97; and Whereas, the TOS and VBM have both agreed to extend the pricing of the current FD-20 contract for the calendar year 2021 on the same terms and conditions subject only to the addition of the 2020 NYS Tax Revenue Cap and Growth Factor for Towns of 1.56%; and Whereas, this contract shall be in effect for the 2021 calendar year and both the TOS and the VBM agree to revise, refine and adjust the formula for any future years on a mutual basis and that the VBMFD Chief has indicated his support for this contract extension, and that NYS Village Law Section 209D allows for the distribution of up to 35% to its Fire Department, BMFD/BMAD will receive 35% or $57,490.84 per October 2020 revenue sharing document. Now Therefore, Be It Resolved by the VBM Board of Trustees that: all revised terms and conditions of the 2021 contract between the TOS and VBM are hereby approved and remain in effect; that the Village Manager and Village Counsel are authorized to make non material changes by joint agreement; that the VBMFD membership are to approve same, that the Interim Village Manager is hereby authorized to execute such contracts; and that this Resolution shall take effect immediately with the effective date to be 1 January 2021. 7 Budget Transfers Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: A. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $41,525.59 for FY 2021-2022: 8  BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2020-21 Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Youth Programs Tree Camp-Uniforms- Recreation Administration - A7314.250 $ 1,492.00 A7020.103 $ 1,492.00 Tree Camp Personal Services: Part-time Recreation Administration - A7020.407 $ 426.00 Youth Programs Tree Camp-Social Softw are Maint. & Support A7314.850 Security $ 591.71 Recreation Administration - A7020.430 $ 165.71 Stationary & Printing Youth Programs Tree Camp-Personal A7314.103 $ 8,273.90 Services: P/T Tree Youth Programs Tree Camp- A7314.420 $ 1,371.72 Materials&Sup-Youth Camp(Tree) A7314.444 Youth Programs Tree Camp-Bus Rental $ 786.00 Youth Programs Tree Camp-Wireless A7314.449 $ 133.50 Telephone-Tree Camp Youth Programs Tree Camp-Contractual A7314.460 $ 268.51 Services-Tree Camp Youth Programs Tree Camp-Social A7314.850 $ 42.09 Security Youth Programs Super Camp-Personal A7315.103 $ 3,261.86 Services: P/T Super Youth Programs Super Camp-Uniforms- A7315.250 $ 1,206.00 Youth Programs Other - Super Camp A7311.460 Cntrctl Serv-Yth Rec-Otr $ 30,226.72 Youth Programs Super Camp- Prog. A7315.420 $ 1,816.29 Materials&Supp-Yth Camp(Super) A7315.444 Youth Programs Super Camp-Bus Rental $ 786.00 Youth Programs Super Camp-Wireless A7315.449 $ 83.50 Telephone-Super Camp Youth Programs Super Camp- A7315.460 $ 302.88 Contractual Services-Super Youth Programs Super Camp-Social A7315.850 $ 250.26 Security Youth Programs Adventure -Personal A7316.103 $ 10,070.70 Services: P/T Advntr Youth Programs Adventure -Contractual A7316.460 $ 802.88 Services-CampAdvnt Youth Programs Adventure -Social A7316.850 $ 770.63 Security Youth Programs Adventure -Uniforms- A7316.250 $ 1,056.00 Camp Adventure Youth Programs Adventure - A7316.405 $ 3,050.00 SocialAct/EntranceFees-CampAdv Youth Programs Adventure - Sw imming Pool -Personal A7316.420 $ 4,121.16 A7181.103 Services: P/T Pool $ 9,215.16 Materials&Supp-Yth Camp(Advntr A7316.444 Youth Programs Adventure -Bus Rental $ 788.00 Youth Programs Adventure -Wireless A7316.449 $ 200.00 Telephone-Camp Advntr $ 41,525.59 $ 41,525.59 9  B. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $35,952.59 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code Budget Code (Use Acct Format Department/Account (Use Acct Format Department/Account A1325.407) Description Amount From A1325.407) Description Amount To Safety Inspection General- Contingent Account General - A3620.101 30,769.23 A1990.499 10,684.59 Personal Services: Full-time Contingent Account Safety Inspection General- Safety Inspection General- A3620.820 2,829.51 A3620.103 25,268.00 Hospital Insurance Personal Services: Part-time Safety Inspection General- A3620.850 2,353.85 Social Security 35,952.59 35,952.59 To moved unused FT Bldg Inspector Salary and Benefits to Contigency and to Cover PT Bldg Inspector Line 10  C. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $25,677.88 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To Contingent Account Board Of Trustees- A1990.499 General -Contingent 25,677.88 A1010.460 13,319.00 Contractual Services Account Executive General -Personal A1230.103 3,595.00 Services: Part-time Executive General -Misc A1230.400 5,952.98 Expenses Executive General-Meal Misc A1230.475 1,910.90 Expense Zoning Board Of Appeals- A8010.103 900.00 Personal Services: Part-time 25,677.88 25,677.88 Transfers needed for Executive office through 10/31/21 11  D. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $31,395 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To Contingent Account Executive General -Personal A1990.499 General -Contingent 11,700.00 A1230.101 11,700.00 Services: Full-time Account Contingent Account Water- Water Administration - F1990.499 19,695.00 F8310.101 19,695.00 Contingent Account Personal Services: Full-time 31,395.00 31,395.00 to cover new VM Salary for remainder of year 12  E. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $29,746.50 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To H7110.201.19231 Senior Bus 29,746.50 H1230.201.22100 Manager Vehicle 29,746.50 $29,746.50 $29,746.50 To cover Manager Vehicle -Explorer 13  F. BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $104,344 for FY 2021-2022: BUDGET TRANSFER REQUEST FORM FISCAL YEAR 2021-22 Budget Code (Use Acct Format Department/Account Budget Code (Use Department/Account A1325.407) Description Amount From Acct Format A1325.407) Description Amount To Street Maintenance- Buildings General -Personal A5110.101 104,344.00 A1620.101 8,491.00 Personal Services: Full-time Services: Full-time Buildings General -Social A1620.850 612.00 Security Street Maintenance-Personal A5110.102 7,601.00 Services: Overtime Community Beautification - A8510.101 58,000.00 Personal Services: Full-time Community Beautification - A8510.103 11,000.00 Personal Services: Part-time Community Beautification - A8510.820 13,500.00 Hospital Insurance Community Beautification - A8510.850 5,140.00 Social Security 104,344.00 104,344.00 Transfers from Open positions B. Andrews, Santucci Retirement and Tradditi working in Water to cover non budgeted positions. Award of Bid – Fire Hydrant Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: 14 WHEREAS the Village received 3 (three) bids for the Village Hydrant Project (VM-2021-7); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Village Hydrant Project (VM-2021-7) is hereby awarded to Schmidts Wholesale Inc. per their item quantity bid price of $44,649 and charged to budget code H8397-201-21530. BE IT FURTHER RESOLVED that the Interim Village Manager is hereby authorized and directed to execute a contract with Schmidts Wholesale Inc. for said project. Acceptance of Donation – Friends of the Library The Board thanked the Friends for their continued support. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $1,000.00 from the Friends of Briarcliff Manor Public Library. Amend the 21/22 Budget as proposed below: Increase Library Fund Revenue – Special Rev, Gifts, Donations (L0108.2705) by $1,000.00 Increase Library Fund Expense – Special Matching Expenses (L7410.206) by $1,000.00 Fire Department Memberships The Board thanked the new members for volunteering. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Neil Iaccarino to the Briarcliff Manor Hook and Ladder Company. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of James Pastore to the Briarcliff Fire Company. 15 Planning Board Appointments The Board thanked them for volunteering and welcomed new Alternate Member Netburn. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby makes the following appointments: Krista Mastrocola as a member of the Planning Board to fill the unexpired term of Andrew Tung for a term to expire on April 1, 2025. Malcom Netburn as the Alternate Planning Board Member to fill the unexpired term of Krista Mastrocola for a term to expire on April 1, 2022. Schedule Public Hearing Upon motion by Trustee Hunt, seconded by Trustee Deputy Mayor Chatzky, the Board voted unanimously to adopt the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the November 23, 2021 Board of Trustees meeting at 7:30pm at the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, New York to hear and discuss a proposed local law to amend Chapter 178, Solar and Alternative Energy of the Code of the Village of Briarcliff Manor. Authorize the Interim Village Manager to Execute an Agreement with Mount Pleasant for Fire Protection Services for 2021 Upon motion by Trustee Hunt, seconded by Trustee Deputy Mayor Chatzky, the Board voted unanimously to adopt the following resolution as amended: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Briarcliff East Fire Protection Districts in the amount of $31,334 to expire on December 31, 2021. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Northeast Briarcliff Fire Protection District in the amount of $71,807 to expire on December 31, 2021. Minutes 16 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the minutes of October 5, 2021 and October 19, 2021. Adjournment The Board wished Trustee Werner a Happy Birthday. Upon motion by Trustee Hunt, seconded by Trustee Werner, the Board voted unanimously to adjourn the Regular Meeting at 9:12pm to go into an Executive Session to discuss contractual and litigation matters and stated they would adjourn immediately thereafter. Respectfully Submitted By, Christine Dennett Village Clerk 17