Mayor & Board of Trustees

Village Board of Trustees Regular Meeting December 6, 2022 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 6th of December, 2022 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Rhea Mallett, Trustee Edward E. Midgley, Trustee Also Present Josh Ringel, Village Manager Christine Dennett, Village Clerk David Turiano, Village Engineer Josh Subin, Village Attorney Pledge of Allegiance Public Hearing to Repeal Chapter 220-9.1 Regulation of Solar Energy Collectors Deputy Mayor Chatzky gave a brief synopsis of the history of the local law and stated it was replaced by Chapter 178. Upon motion by Trustee Midgley, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. There were no public comments. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted to close the public hearing. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Nay 1 Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution as amended: Whereas the Board of Trustees held Public Hearings in 2021 on August 17, September 14, and September 28 to consider the creation of a new Chapter 178 to regulate Solar Energy Collectors and Battery Energy Storage Systems; and Whereas Chapter 178 Solar and Alternate Energy was first enacted September 28, 2021 by Local Law 16-2021; and Whereas the Board of Trustees held additional Public Hearings on November 23, 2021, December 7, 2021, January 4, 2022, and January 18, 2022 to amend Chapter 178 to add a requirement for a PILOT Agreement for certain alternate energy installations; and Whereas the intent of the Board of Trustees had always been for Chapter 178 to repeal and replace the former Chapter 220-9.1 Regulation of solar energy collectors; and Whereas the published version of the Village Code after the enactment of Chapter 178 has continued to include the outdated Chapter 220-9.1; and Whereas the Board of Trustees now wishes to correct this publication error; Now THEREFORE BE IT RESOLVED that the proposed local law to repeal Chapter 220-9.1 Regulation of solar energy collectors of the Code of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements • The Fire Department gave holiday safety tips. • The Board gave their condolences to the Gualdino family for the tragic loss of their family member. Village Manager • Jeff Gaspar was hired as the Village Engineer and will start on December 12th. • No overnight parking from December 1 to March 30. • The Recreation Department is hiring ski trip chaperones. 2 Village Engineer’s Report • The N. State Road Transite Pipe Bid was opened and came in under budget. • A meeting was held with the County regarding Pine Road drainage. • Test pits were done for the Cross Access Project. • A design team meeting for the Mobility Enhancement Project was held. The modified drawings are at 60%. Committee Reports Recreation Advisory Committee: • The Holiday Sing-A-Long and Bonfire will be on 12/10. • A basketball clinic is being offered. • The Girls’ Softball Team is hosting a babysitting night as a fundraiser. • Send in your Light Up Briarcliff info. Library Board: • Many program offerings listed on their website. ESAC/HAC • All meetings are posted on the website and the public is welcome to attend. Public Comments There were no public comments. Tax Certioraris/Abatements Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 555/585 PLEASANTVILLE ROAD WHEREAS, Briarcliff Property Group LLC/Briaraway, Inc. (585 Pleasantville Road, 98-20-1-5 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 2016, 2017, 2018, 2020, 2021 and 2022; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2017-2018, 2018-2019, 2019-2020, 2021-2022, 2022-2023 and 2023- 2024; and 3  WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on October 31, 2022; WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2022-2023; NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund for Fiscal Years 2017-2018, 2018-2019, 2019-2020 and 2021-2022 totaling $13,058.37 charged to A1964.423 and 2022-2023 $2,637.78 charged to A0102.1001 based upon assessment values reduced in accordance with the Consent Judgment. The 2022 assessment values will be reviewed for accuracy in the 2023-2024 tax rolls from the Town of Ossining. Assessment Tax Owner On Bill Parcel Assessed Prior Reduction New Reduction New Tax Village Change Refund Refund Abate Year Year Bill # Address Parcel Value Tax Bill Tax Billl Assessed Amount TMP Tax Rate In Tax Prior Year Current Year 2nd Half Briarcliff Property Corp 2016 2017 LLC 20172762 585 Pleasantville Rd 98.20-1-5 $ 17,100 $ 6,220.81 $ 1,073.18 $ 14,150 $ 2,950 $ 5,147.63 $ 363.790000 $ 1,073.18 $ 1,073.18 Briarcliff Property Corp 2017 2018 LLC 20182834 585 Pleasantville Rd 98.20-1-5 $ 17,100 $ 6,571.02 $ 2,136.51 $ 11,540 $ 5,560 $ 4,434.51 $ 384.265650 $ 2,136.51 $ 2,136.51 Briarcliff Property Corp 2018 2019 LLC 20193234 585 Pleasantville Rd 98.20-1-5 $ 17,100 $ 6,659.46 $ 2,883.82 $ 9,695 $ 7,405 $ 3,775.64 $ 389.441980 $ 2,883.82 $ 2,883.82 Briarcliff Property Corp 2020 2021 LLC 20210235 585 Pleasantville Rd 98.20-1-5 $ 17,100 $ 7,183.80 $ 4,327.08 $ 6,800 $ 10,300 $ 2,856.72 $ 420.105350 $ 4,327.08 $ 4,327.08 Briarcliff Property Corp 2021 2022 LLC 20222769 585 Pleasantville Rd 98.20-1-5 $ 17,100 $ 7,906.41 $ 5,275.56 $ 5,690 $ 11,410 $ 2,630.85 $ 462.363270 $ 5,275.56 $ 2,637.78 $ 2,637.78 Totals $ 15,696.15 $ 10,420.59 $ 2,637.78 $ 2,637.78 22/23 GL A1964.423 $ 270,000.00 Budget Prior 22/23 Refunds $ (57,184.37) Current 22/23 GL Balance $ 212,815.63 This refund $ (13,058.37) Revised 22/23 GL Balance $ 199,757.26 WHEREAS, Briarcliff Property Group LLC/Briaraway, Inc. (555 Pleasantville Road), 98-20-1-6 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 2016, 2017, 2018, 2020, 2021 and 2022; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2017-2018, 2018-2019, 2019-2020, 2021-2022, 2022-2023 and 2023- 2024; and WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on October 31, 2022; WHEREAS, the Consent Judgment was received after the finalization of the approval of the Village budget for Fiscal Year 2022-2023; 4  NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund for Fiscal Years 2017-2018, 2018-2019, 2019-2020 and 2021-2022 totaling $195,084.74 charged to A1964.423 and 2022-2023 $39,406.07 charged to A0102.1001 based upon assessment values reduced in accordance with the Consent Judgment. The 2022 assessment values will be reviewed for accuracy in the 2023-2024 tax rolls from the Town of Ossining. Assessment Tax Owner On Bill Parcel Assessed Prior Reduction New Reduction New Tax Village Change Refund Refund Abate Year Year Bill # Address Parcel Value Tax Bill Tax Billl Assessed Amount TMP Tax Rate In Tax Prior Year Current Year 2nd Half Briarcliff Property Corp 2016 2017 LLC 20172763 555 Pleasantville Rd 98.20-1-6 $ 255,500 $ 92,948.35 $ 16,024.95 $ 211,450 $ 44,050 $ 76,923.40 $ 363.790000 $ 16,024.95 $ 16,024.95 Briarcliff Property Corp 2017 2018 LLC 20182835 555 Pleasantville Rd 98.20-1-6 $ 255,500 $ 98,180.99 $ 31,930.55 $ 172,405 $ 83,095 $ 66,250.44 $ 384.265650 $ 31,930.55 $ 31,930.55 Briarcliff Property Corp 2018 2019 LLC 20193235 555 Pleasantville Rd 98.20-1-6 $ 255,500 $ 99,502.43 $ 43,087.86 $ 144,860 $ 110,640 $ 56,414.57 $ 389.441980 $ 43,087.86 $ 43,087.86 Briarcliff Property Corp 2020 2021 LLC 20210236 555 Pleasantville Rd 98.20-1-6 $ 255,500 $ 107,336.92 $ 64,635.31 $ 101,645 $ 153,855 $ 42,701.61 $ 420.105350 $ 64,635.31 $ 64,635.31 Briarcliff Property Corp 2021 2022 LLC 20222770 555 Pleasantville Rd 98.20-1-6 $ 255,500 $ 118,133.82 $ 78,812.14 $ 85,045 $ 170,455 $ 39,321.68 $ 462.363270 $ 78,812.14 $ 39,406.07 $ 39,406.07 Totals $ 234,490.81 $ 155,678.67 $ 39,406.07 $ 39,406.07 22/23 GL A1964.423 $ 270,000.00 Budget Prior 22/23 Refunds $ (70,242.74) Current 22/23 GL Balance $ 199,757.26 This refund $ (195,084.74) Revised 22/23 GL Balance $ 4,672.52 Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye 136 OLD BRIARCLIFF ROAD Mayor Vescio recused himself from the agenda item. Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 136 Old Briarcliff Road; and WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 136 Old Briarcliff Road 5 for the 2021 Town assessment year, Fiscal Year 2022-2023 Village assessment roll; and WHEREAS, the Stipulation of Settlement and Order were received after the finalization of the Fiscal Year 2022-2023 assessment roll and the approval of the budget for Fiscal Year 2022-2023; NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund for Fiscal Year 2022-2023 totaling $323.15 charged to A1964.423 and the abatement of the second half for 2022-2023 $323.14 charged to A0102.1001 based upon assessment values reduced in accordance with the Stipulation of Settlement and Order. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio rejoined the meeting. Committee Appointment - ESAC Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Mary Torres as a member of the Environmental Sustainability Advisory Committee to fill the unexpired term of Elsbeth Lindner to expire on April 1, 2023. 6 Consider Special Use Permit Request - 345 Scarborough Road, Briarcliff Solar, LLC - Lead Agency Determination, Planning Board Referral and Scheduling of Public Hearing The Board had general discussion regarding the timeline of the review and stated the application was deemed complete. Mr. William Null, Attorney for the Applicant, gave an overview of the application. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution as amended: LEAD AGENCY DETERMINATION BE IT RESOLVED that the Village of Briarcliff Manor Board of Trustees issues this Notice of Intent for the purpose of determining lead agency pursuant to the requirements of the State Environmental Quality Review Act (SEQRA) and Part 617 (6NYRR Part 617), the Statewide implementing regulations pertaining to SEQRA. If no written objections are received the Village of Briarcliff Manor Board of Trustees will assume lead agency 30 days after the date of this notice. This notice has been prepared pursuant to Article 8 of the Environmental Conservation Law. Project Title: Briarcliff Solar Project Location: 345 Scarborough Road, Village of Briarcliff Manor, Westchester County, New York SEQRA Type: Type I Action Project Description: Briarcliff Solar LLC (the “Applicant”) is proposing to construct the proposed Briarcliff Solar project, located at 345 Scarborough Road, Briarcliff Manor, NY 10510 (Parcel IDs: 97.16-1-1 & 97.12-1-9 – “P). The Applicant is requesting a special permit from the Village Board of Trustees pursuant to Village Code Chapter 220‐6.J.(15) Large‐scale solar collection system. The property encompasses approximately 95.5 acres and contains the former Philips Research Facility. The Applicant proposes to demolish the existing vacant building and construct a pair of collocated 5.0-MWAC community solar facilities that are 7.5-MWDC. The Briarcliff Solar project makes use of approximately 28,000 solar panels to generate electricity. The Applicant will also require Site Plan Approval, a steep slope permit, and a wetland permit from the Planning Board. 7 Contact Person: Christine Dennett, Village Clerk Briarcliff Manor, NY 1111 Pleasantville Road Briarcliff Manor, New York 10510 Phone: 914-941-4800 cdennett@briarcliffmanor.gov PLANNING BOARD REFERRAL BE IT RESOLVED that the request for a Special Use Permit by Briarcliff Solar located at 345 Scarborough Road is hereby directed to the Planning Board for review and recommendation. SCHEDULE PUBLIC HEARING BE IT RESOLVED that a Public Hearing to hear and consider a request for a Special Use Permit by Briarcliff Solar for the use of the property located at 345 Scarborough Road for a is hereby scheduled for Tuesday, January 17, 2023 at 7:30pm or soon thereafter at the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, NY 10510. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Authorize Village Manager to Execute Agreement with CivicPlus Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution as amended: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an Agreement with CivicPlus for CivicRec Premium in the amount of $22,838 for year one and an annual recurring fee of $25,625.25 thereafter subject to non-material changes. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute an Agreement with CivicPlus for CivicEngage Central in the 8 amount of $14,211.43 for year one and an annual recurring fee of $6,926.85 thereafter subject to non-material changes. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the minutes of November 15, 2022 as amended. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the regular meeting at 8:34pm. Respectfully Submitted By, Christine Dennett Village Clerk 9