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Mayor & Board of Trustees

Regular Meeting

Briarcliff Manor, NY · January 18, 2022

AgendaMinutes

Minutes

Village Board of Trustees Regular Meeting January 18, 2022 7:30 p.m. A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held via zoom on the 18th of January, 2022 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 Josh Ringel, Village Manager Christine Dennett, Village Clerk Josh Subin, Acting Village Attorney David Turiano, Village Engineer Pledge of Allegiance Continued Public Hearing: Amend Chapter 178, Solar and Alternative Energy 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 Werner, the Board voted unanimously to close the public hearing. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye The Board thanked Deputy Mayor Chatzky for his hard work drafting the law. Deputy Mayor Chatzky stated he was proud to be part of a green initiative. 1 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: 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. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Continued Public Hearing to Amend Chapter 38, Village Manager Village Manager Ringel gave a brief description of the proposed changes. There were no public comments. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the public hearing. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed local law to amend Chapter 38, Village Manager of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye 2 Mayor Vescio Aye Board of Trustees Announcements  The Library has a program promoting “Healthy Sleep Habits” on January 25th at 8am via zoom. Visit their website for more details and information on all their programs.  The Fire Department offered tips on using wood burning stoves and fireplaces safely and encouraged residents to volunteer and join the BMFD. Village Manager’s Report by Village Manager Ringel  There will be a Police Outreach Report at the next meeting.  Residents are reminded to clear their sidewalks after a storm.  COVID tests are being distributed by visiting covidtests.gov.  Henry Jamin, the Superintendent of Recreation has announced his retirement after decades of service to the Village. The person hired will have very big shoes to fill. Village Engineer’s Report  Icy spots on sidewalks also need to be addressed by residents.  The application received for a BESS at the Chilmark Shopping Center will also need to have their Special Permit and Site Plan amended for the parking count.  The ADA project is slowly wrapping up. Specialty items are delayed.  The server room at Village Hall is being relocated.  Mobility Enhancement Project updates will be sent to the Board tomorrow.  There is a grant program for Hazard Mitigation with a deadline of April 1, 2022. Committee Reports Library Board:  No report. Recreation Advisory Committee:  The ice rink will hopefully open later this week. Permits are on sale.  The Winter Photo Challenge is through February 9th.  Henry’s retirement is a huge loss to the community.  Share the Road signs are being requested.  A lacrosse practice wall is being discussed at Law Park.  The next meeting is scheduled for Thursday February 10th at 7PM via zoom. Beautification Committee: 3  No report. Public Comments Ola Nosseir of 15 Spruce Road stated the barrier in the center of Route 9a is unsafe and in need of replacement. Ratification of Memorandum of Agreement with Policemen’s Benevolent Association (PBA) from June 1, 2021 through May 31, 2026 The Board thanked Village Manager Ringel, the PBA and Richard Zuckerman for all their hard work settling the contract. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board hereby ratifies and approves the 2021-2026 Memorandum of Agreement with the Village of Briarcliff Manor Policemen’s Benevolent Association, Inc. BE IT FURTHER RESOLVED, that the Village Manager is hereby authorized and directed to execute a Memorandum of Agreement with the Village of Briarcliff Manor Policemen’s Benevolent Association, Inc. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Capital Budget Transfer – ADA Project The Board requested that the Village Engineer make sure there would be no impacts to service while the project was underway. Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $62,754.90 for FY 2021-2022: 4 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 Capital Project - AMB VH/PD ADA Compliance H4540.201.19209 62,754.90 H1440.201.19219 62,754.90 Epoxy Floor Ramp 62,754.90 62,754.90 Transfer available funds for Ambulance Epoxy Floor to ADA Capital Project Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the minutes of January 4, 2022. Adjournment A special meeting has been scheduled for January 25, 2022 with a work session at 6:30pm and meeting at 7:30pm. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the Regular Meeting at 8:17pm. Respectfully Submitted By, Christine Dennett Village Clerk 5

Agenda

AGENDA TUESDAY JANUARY 18, 2022 BOARD OF TRUSTEES VILLAGE OF BRIARCLIFF MANOR REGULAR MEETING – 7:30 PM VIA ZOOM The meeting will be via Zoom only. 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/mayor-board-trustees/events/27566 Pledge of Allegiance 1. Continued Public Hearings a. Amend Chapter 178, Solar and Alternative Energy b. Amend Chapter 38, Village Manager Board of Trustees Announcements Village Managers Report Village Engineer’s Report Committee Reports Public Comments 2. Ratification of Memorandum of Agreement with Police Benevolent Association (PBA) from June 1, 2021 through May 31, 2026 3. Capital Budget Transfer – ADA Project 4. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, FEBRUARY 1, 2022 VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 18, 2022 1A. CONTINUED PUBLIC HEARING – AMEND CHAPTER 178, SOLAR AND ALTERNATIVE ENERGY RESOLUTION PROVIDED IN THE EVENT THE BOARD WISHES TO ADOPT. 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. 1B. CONTINUED PUBLIC HEARING - CHAPTER 38, VILLAGE MANAGER RESOLUTION PROVIDED IN THE EVENT THE BOARD WISHES TO ADOPT. BE IT RESOLVED that the proposed local law to amend Chapter 38, Village Manager of the Village of Briarcliff Manor is hereby adopted. 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. F. This PILOT agreement shall apply only to the additional value that a solar energy system contributes to the overall value of the property; it does not exempt landowners with an installed renewable energy system from all property tax. § 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 dollars ($3,000) per MW of capacity. I. That, beginning in 2022, the annual fee per MW of capacity shall escalate each year by the greater of (i) 2% and (ii) the percent annual increase of the Village general fund expenses over the previous year’s general fund expenses. Chapter 178 Solar and Alternative Energy 11-14-2021 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. § 178-22 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 38 For Discussion Purposes Only Updated 12/13/2021 Chapter 38. Manager [HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Authority of Manager during storm emergencies — See Ch. 183. [Adopted 1-24-1974 by L.L. No. 1-1974; amended in its entirety 9-3-2003 by L.L. No. 7-2003[1]] [1] Editor's Note: This local law was subject to mandatory referendum and was approved by a majority of the electors at the general election held 11-4-2003. § 38-1. Appointment; residency requirement. [Amended 3-4-2004 by L.L. No. 3-2004; 2-5-2009 by L.L. No. 1-2009; 7-1-2009 by L.L. No. 4-2009] The administrative and executive powers of the Village, including the power of appointment of all employees, except the Treasurer, Village Clerk, Deputy Clerk, Building Inspector and Village Attorney, and officers and members of the Police Department, are vested in an officer to be known as the "Village Manager," who shall be appointed by the Board of Trustees and hold office during the pleasure of such Board. At the time of his or her appointment he or she need not be a resident of New York State, but shall become, within ninety (90) days after appointment, and, for the remainder of his or her tenure of office, shall remain a resident of (i) the Village of Briarcliff Manor, the Town of Ossining or the Town of Mount Pleasant; or (ii) another location within New York State within thirty (30) drivable miles of the nearest boundary line of the Village of Briarcliff Manor and approved by a resolution of the Board of Trustees. He or she shall be chosen by the Board of Trustees without regard to his or her political beliefs and solely upon the basis of his or her executive and administrative ability. He or she may be bonded as the Board of Trustees may deem necessary. No member of the Board of Trustees shall be appointed as Village Manager during the term for which he or she shall have been elected. § 38-2. Manager under supervision of Board of Trustees. The Village Manager shall report to, and be under the supervision of, the Board of Trustees. § 38-3. Enumeration of powers and duties. The powers and duties of the Village Manager shall, except as provided hereinafter, include the following: A. See that, within the Village, the laws of the state and the rules, regulations, ordinances, local laws and codes of the Village are faithfully executed and administered efficiently and fairly. B. Serve as chief administrative and executive officer of the village; direct, supervise, and coordinate the administration of all Village departments, as provided by law, and in accordance with the policies of the Board of Trustees. Establish rules and regulations to manage the personnel policies of the Village; ensure compliance with all collective bargaining processes of the Village, and recommend to the Board Chapter 38 For Discussion Purposes Only Updated 12/13/2021 of Trustees, for consideration and possible final approval, collective bargaining agreements for any applicable employees. C. See that all inquiries by residents of the Village, or other interested persons, are promptly acknowledged and referred to the appropriate Village official or department head for investigation and response. D. Attend meetings of the Board of Trustees and, along with the Mayor, supervise the preparation of the agenda and minutes of such meetings. E. Supervise the preparation of necessary documents required for obtaining bids on materials, equipment or capital projects, as authorized by the Board of Trustees and letting of contracts authorized by the Board of Trustees. F. Supervise and control all expenditures, encumbrances and disbursements to ensure that budget appropriations are not exceeded, audit all claims against the Village, and establish rules of procurement, subject to approval of the Board of Trustees, to ensure proper financial controls of expenditures. Nothing herein shall create any right of the Village Manager, or any village officer, or any other person, to create a liability or appropriate money or property of the village without authority of law, in violation of Section 4-412 of New York State Village Law. G. Act as, or appoint, the Budget Officer of the Village; in coordination with the Treasurer and department heads, prepare and submit to the Board of Trustees a tentative annual budget and capital program for the next fiscal year. Submit to the Board of Trustees, and subsequently make available to the public, a complete report on the finances and administrative activities of the Village as of the end of each fiscal year. H. From time to time, make recommendations to the Board of Trustees as to measures or programs which the Village Manager believes will improve the efficiency or economy of the Village government. I. Make reports to the Board of Trustees from time to time upon the affairs of the Village and keep the Board of Trustees fully advised of the financial condition and the operation of the Village, pending decisions that may impact public policy, and any other matters related to the health, safety, or welfare of the community or that might affect services provided to Village residents. J. Such other duties and responsibilities as may, from time to time, be delegated by the Mayor or authorized by the Board of Trustees. § 38-4. Appointments of employees. [Amended 3-4-2004 by L.L. No. 3-2004] A. Such Village employees as the Board of Trustees shall determine are necessary for the proper administration of the Village, except the Treasurer, Village Clerk, Deputy Village Clerk, Building Inspector, Village Attorney, and officers and members of the Police Department, shall be appointed Chapter 38 For Discussion Purposes Only Updated 12/13/2021 and may be removed by the Village Manager in accordance with the civil service law and regulations; but the Village Manager shall report each such appointment and removal to the Board of Trustees at the next meeting thereof following any such appointment or removal. B. No citizen or elected officer of the Village shall dictate a person’s appointment to, or removal from, any office by the Village Manager or by any of the Village Manager’s subordinates. § 38-5. Communication between Manager and Mayor and Trustees. A. The Village Manager shall keep the Mayor and the Board of Trustees currently informed as to matters affecting the efficient functioning of the Village. The Board of Trustees shall determine the specific criteria and timeliness for all matters that require priority notification from the Village Manager and establish such procedures for notification. . B. Nothing contained herein, nor within any other local regulation or Village policy, shall prevent any elected Village official from requesting information or directly querying any department head or Village employee for the purposes of developing policy or ensuring the efficient operations of the Village or safety and well-being of its residents. § 38-6. Filling of position of Manager. The position of the Village Manager may be filled by a person holding other positions in the Village employ, but this position shall be held only by a full-time employee. If, due to a temporary absence, vacation, disability, or illness, the Village Manager is unable to carry out the functions of his office, any Assistant Village Manager may perform all the duties of the Village Manager, . In the absence of an appointed Assistant Village Manager, the Manager may appoint an acting manager for a period of no more than fourteen (14) days, unless or until a majority of the Board of Trustees approves and appoints another member of the Village’s senior administrative staff, or such other qualified person, approved by a majority of members of the Board of Trustees, to serve as acting Village Manager to carry out the duties enumerated herein during the Village Manager’s absence. § 38-7. Compensation. A. The rate of compensation of the Village Manager shall be set by the Board of Trustees and may be adjusted from time to time as the Board deems appropriate. Subject to the terms and conditions of State law and this ordinance, the Board of Trustees and the Village Manager may enter into an employment agreement which specifies in writing the level of compensation of the Village Manager, fringe benefits including levels of support for the Village Manager’s continuing professional education, agreements for separation pay upon termination of the Village Manager’s employment, other appropriate agreements describing the working relationship between the Village Manager and elected officials, and performance expectations for the Village Manager. Chapter 38 For Discussion Purposes Only Updated 12/13/2021 B. Any compensatory time, or any other requested extraordinary benefit, for the Village Manager or Assistant Village Manager shall be reviewed by the Mayor, or his designee, and granted only after approval by a resolution of the Board of Trustees. § 38-8. Removal from Office. The Village Manager may be suspended by a resolution approved by the majority of the total membership of the Board of Trustees which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the Village Manager. The Village Manager shall have fifteen days in which to reply thereto in writing and, upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than fifteen days after such hearing is requested. After the public hearing, if one has been requested, and after full consideration, the Board of Trustees, by a majority vote of its total membership, may adopt a final resolution of removal. The Village Manager shall continue to receive full salary until the effective date of a final resolution of removal, unless superseded by a previous written agreement executed by both parties. § 38-9. Repealer. Local Law Nos. 2-1966, 1-1968, 1-1970, 1-1974; , and 7-2003, and 4-2020 are hereby repealed and superseded. All other local laws, ordinances and resolutions heretofore adopted by the Board of Trustees are hereby repealed and superseded insofar as the same shall be inconsistent with this article. VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 18, 2022 2. RATIFICATION OF MEMORANDUM OF AGREEMENT, POLICEMEN’S BENEVOLENT ASSOCIATION BE IT RESOLVED, that the Board hereby ratifies and approves the 2021-2026 Memorandum of Agreement with the Village of Briarcliff Manor Policemen’s Benevolent Association, Inc. BE IT FURTHER RESOLVED, that the Village Manager is hereby authorized and directed to execute a Memorandum of Agreement with the Village of Briarcliff Manor Policemen’s Benevolent Association, Inc. VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 18, 2022 3. CAPITAL BUDGET TRANSFER FY 2021-2022 – ADA PROJECT BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $62,754.90 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 Capital Project - AMB VH/PD ADA Compliance H4540.201.19209 62,754.90 H1440.201.19219 62,754.90 Epoxy Floor Ramp 62,754.90 62,754.90 Transfer available funds for Ambulance Epoxy Floor to ADA Capital Project Kathryn Nivins 1111 Pleasantville Road Village Treasurer Briarcliff Manor, NY 10510 Telephone: (914) 944-2787 knivins@briarcliffmanor.org Facsimile: (914) 941-4837 www.briarcliffmanor.org January 13, 2022 To: BOT Cc: Josh Ringel, Village Manager Re: Capital Budget Transfer – Ambulance Epoxy Project to ADA Project I request that the BOT review and approve the Ambulance Epoxy Floor capital project transfer to the ADA capital project. Based on a conversation with the Village Engineer, the construction vendor for the ADA project, Tony Casale, has agreed to add this project to the ADA project and honor the same rate used to epoxy the Fire Department bay floors awarded through a competitive bid on March 2, 2021. The Ambulance Epoxy Floor project was initially approved in the 2018/19 budget for $40,000 and funded in 2020. The delayed funding resulted in a subsequent project review during the 2021/22 capital project budget. The Fire Department requested updated epoxy floor quotes and added the following items: replacing lower bay closets, disconnection, reconnection of equipment, rubber mats for floor protection. The total increase was $22,755, which was approved on July 20, 2021, and funded with an additional 2% for borrowing costs in September 2021. We have also competed our due diligence and received a legal opion from Joshua Subin (see attached) that supports the Village adding this project onto the awarded bid. Available funding for the Ambulance Epoxy Floor project is $62,754.90, which reflects expended capital borrowing costs. Requested Transfer: GL Account Project Name Amount From: H4540-201-19209 AMB Expoxy Floor $62,754.90 To: H1440-201-19219 VH/PD ADA Compliance Ramp $62,754.90 Thank you, Kathryn Nivins Village Treasurer Village Board of Trustees Regular Meeting January 4, 2022 7:30 p.m. A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held via zoom on the 4th of January, 2022 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 Josh Ringel, Village Manager Christine Dennett, Village Clerk Josh Subin, Acting Village Attorney David Turiano, Village Engineer Pledge of Allegiance Continued Public Hearing: Amend Chapter 178, Solar and Alternative Energy Deputy Mayor Chatzky gave a brief synopsis of the proposed law. Mr. Aaron Stern of 40 Tamarack Place asked for the range of the PILOT. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the public hearing to January 18, 2022. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearing to Amend Chapter 38, Village Manager 1 Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to open the public hearing. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Deputy Mayor Chatzky gave a brief synopsis of the proposed law. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to January 18, 2022. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements • The ice skating rink is a quarter frozen. Colder temps will help to progress its potential opening. • The next Library Board meeting will be via zoom on January 12th. • Volunteer and join the BMFD. • Village Manager Ringel was chosen by NYCOM to be on Employee Relations Policy Committee. Congratulations to him and the Village. Village Manager’s Report by Village Manager Ringel • Honored to represent the Village at a State level. • Now is the best time to join the BMFD while many are working from home. • Masks and COVID tests were distributed to residents. • There are new COVID quarantine protocols just released by the State. Police Outreach Report • No Report Village Engineer’s Report • The ADA project is slowly wrapping up. • The Village is changing the platform for competitive bidding. 2 • Mobility Enhancement Project will have another work session in January to address comments received. • An application was received for a BESS at the Chilmark Shopping Center. It was sent to consultants to review before a formal submission to the Board. Committee Reports Library Board: • Check the website for upcoming programs. Recreation Advisory Committee: • The Winter Photo Challenge is through February 9th. • Ice Skating permits are on sale. • The next meeting is scheduled for Thursday January 13th at 7PM via zoom. Beautification Committee: • No report. Public Comments There were no public comments. Reappointment of Deputy Village Treasurer The Board thanked Robin for continuing to help the Village. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Robin L. Rizzo is hereby appointed to the position of Deputy Village Treasurer, effective January 5, 2022, at the rate of $60 per hour. BE IT FURTHER RESOLVED that the term of this appointment shall end on April 4, 2022 and may be extended for a period of time determined by the Mayor and Board of Trustees. Roll Call: Trustee Werner Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye 3 Budget Transfers Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $34,517 for FY 2021-2022: 4 BUDGET TRANSFER REQUEST FORM (Page 1 of 2) 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 Police Department General- Zoning Board Of Appeals- A3120.840 34,517.00 A8010.840 30.00 Retirement & Pension Retirement & Pension Planning Board -Retirement A8020.840 52.00 & Pension Board Of Trustees- A1010.840 112.00 Retirement & Pension Senior Citizens General- A7610.840 127.00 Retirement & Pension Swimming Pool -Retirement A7181.840 149.00 & Pension Road Construction General- A5112.840 232.00 Retirement & Pension Community Beautification - A8510.840 680.00 Retirement & Pension Buildings General - A1620.840 889.00 Retirement & Pension Street Lighting General- A5182.840 972.00 Retirement & Pension Snow Removal General- A5142.840 1,084.00 Retirement & Pension Environmental Control- A8090.840 Recycle General-Retirement 1,419.00 & Pension Village Clerk-Retirement & A1410.840 1,442.00 Pension 5 BUDGET TRANSFER REQUEST FORM (Continued Page 2 of 2) 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 Joint Construction Services- A8989.840 H&CConstr-Retirement & 1,629.00 Pension Village Engineer -Retirement A1440.840 1,703.00 & Pension Central Garage General - A1640.840 1,801.00 Retirement & Pension Safety Inspection General- A3620.840 2,010.00 Retirement & Pension Village Treasurer -Retirement A1325.840 2,130.00 & Pension Village Justice -Retirement & A1110.840 2,481.00 Pension Executive General - A1230.840 2,593.00 Retirement & Pension Public Works DPW Admin- A1490.840 3,864.00 Retirement & Pension Recreation-Parks & A7110.840 Playgrounds General- 5,313.00 Retirement & Pension Recreation Administration - A7020.840 3,805.00 Retirement & Pension TOTALS 34,517.00 34,517.00 BE IT RESOLVED that the budget for Fiscal Year 2021-2022 is hereby amended as follows: Increase A9901-930 Transfer to Public Library $3,902 Increase L0108-5031 Interfund – Transfer In $3,902 Roll Call: Trustee Werner Aye Trustee Midgley Aye 6 Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the minutes of December 21, 2021. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the Regular Meeting at 8:04pm. Respectfully Submitted By, Christine Dennett Village Clerk 7

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