Mayor & Board of Trustees

AGENDA TUESDAY JANUARY 17, 2023 BOARD OF TRUSTEES WILLIAM J. VESCIO COMMUNITY CENTER 1 LIBRARY ROAD REGULAR MEETING – 7:30 PM For those members of the public interested in viewing and/or participating in the meeting remotely, visit https://www.briarcliffmanor.gov/mayor-board-trustees/events/33116 Pledge of Allegiance 1. Special Use Permit Application for Yeshivath Viznitz, 235 Elm Road 2. Public Hearing Special Use Permit Request - 345 Scarborough Road, Briarcliff Solar, LLC 3. Public Hearing Special Use Permit Amendment Request – 620 Sleepy Hollow Road - Sapphire HC Realty, LLC - Briarcliff Manor Center for Rehab and Nursing Board of Trustees Announcements Village Manager Village Engineer’s Report Committee Reports Public Comments 4. Reappointment of a Library Board Member 5. Authorize the Village Manager to Execute a Professional Services Agreement with PKF, O’Connor Davies 6. Award of Bid – 1050 Pleasantville Road • Building Demolition and Disposal • Parking Lot Improvements 7. Consider Special Use Permit Amendment Request – Morrell and Company the Wine Emporium LTD, 600 Albany Post Road - Lead Agency Determination, Planning Board Referral and Scheduling of Public Hearing 8. Schedule a Public Hearing to Renew a Special Use Permit – American Anglican Church Diocese of the Holy Innocents – 680 Albany Post Road 9. DASNY Grant Funding Commitment – Club Trail and Pump Station Decommissioning 10. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, FEBRUARY 7, 1 2023  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 1. SPECIAL USE PERMIT APPLICATION FOR YESHIVATH VIZNITZ, 235 ELM ROAD All backup material can be found at https://www.briarcliffmanor.gov/mayor-board- trustees/pages/235-elm-road 2  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 2. PUBLIC HEARING SPECIAL USE PERMIT REQUEST - 345 SCARBOROUGH ROAD, BRIARCLIFF SOLAR, LLC All backup material can be found at https://www.briarcliffmanor.gov/mayor-board- trustees/pages/345-scarborough-road 3  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 3. PUBLIC HEARING - SPECIAL USE PERMIT REQUEST – 620 SLEEPY HOLLOW ROAD, SAPPHIRE HC REALTY LLC All backup materials can be found at: https://www.briarcliffmanor.gov/mayor- board-trustees/pages/620-sleepy-hollow-road-briarcliff-center-nursing-and- rehabilitation 4  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 4. REAPPOINTMENT OF A LIBRARY BOARD MEMBER BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby reappoints Stephanie Casper as a member of the Library Board for a term to expire on December 31, 2027. 5  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 5. AUTHORIZE VILLAGE MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PKF O’CONNOR DAVIES, LLP BE IT RESOLVED that the Village Manager is hereby directed and authorized to execute on behalf of the Village a Professional Services Agreement with PKF O’Connor Davies, LLP for Village Accounting Services in accordance with their letter of December 29, 2022. 6  PKF OCONNOR DAVIES ACCOUNTANTS AND ADVISORS December 29,2022 Mr. Joshua Ringel Village Manager Village of Briarcliff Manor 1 111 Pleasantville Road Briarcliff Manor, New York 10510 Dear Mr. Ringel This letter sets forth our understanding of the terms and objectives of our engagement, and the nature and scope of the services we will provide to the Village of Briarcliff Manor, New York ("Entity"). Prior to the commencement of our audit(s) we may not know if an audit performed in accordance with the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards ("Uniform Guidance") is required. Consequently, this letter includes the words "if applicable" next to relevant single audit communication requirements. Audit Scope and Objectives We will audit the Entity's statements of the governmental activities, each major fund and the aggregate remaining fund information and the disclosures, which collectively comprise the basic financial statements of the Entity as of and for the years ended June 30, 2023,2024,2025,2026 and 2027 and issue our reports thereon as soon as reasonably possible after completion of our work. Accounting standards generally accepted in the United States of America provide for certain required supplementary information ("RSl"), such as management's discussion and analysis ("MD&A"), to supplement the Entity's basic financial statements. Such information, although not a part of the basic financial statements, is required by the GovernmentalAccounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the Entity's RSI in accordance with auditing standards generally accepted in the United States of America, ("US GAAS"). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. PKF O'CONNOR DAVIES, LLP 500MamaroneckAvenue,Harrison,NYl0528 lTel: 914.38'l .8900 lFax: 914.381 .89'10 lwww.pkfod.com PKF O'Connor Davies, LLP is a member firm of the PKF lnternational Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms. 7 The following RSI is required by US GAAP and will be subjected to certain limited procedures, but will not be audited: o Management's Discussion and Analysis . Schedule of Funding Progress - Other Post-Employment Benefits . Schedules of Contributions and Proportionate Share of the Net Pension Liability We have also been engaged to report on supplementary information otherthan the RSI that accompanies the Entity's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with US GAAS, Government Auditing Sfandards issued by the Comptroller General of the United States ('GAGAS') (if applicable), and the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance") (if applicable), and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditor's report on the financial statements: . Combining and lndividual Fund Financial Statements and Schedules . Schedule of Expenditures of Federal Awards (if applicable) The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud, error, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the Entity or to acts by management or employees acting on behalf of the Entity; and issue an auditor's report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP; and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Because the determination of abuse is subjective, GAGAS do not expect auditors to provide reasonable assurance of detecting abuse. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, GAGAS (if applicable), and Uniform Guidance (if applicable) will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. Auditor's Responsibilities for the Audit of the Financial Statements We will conduct the audit in accordance with US GAAS, GAGAS (if applicable), and Uniform Guidance (if applicable), and will include tests of accounting records, a determination of major programs in accordance with Uniform Guidance (if applicable), and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with US GAAS, GAGAS (if applicable), and Uniform Guidance, we exercise professional judgment and maintain professional skepticism throughout the audit. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and 2 8 perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whetherfrom (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may exist and not be detected by us even though the audit is properly planned and performed in accordance with US GAAS, GAGAS (if applicable), and Uniform Guidance (if applicable). ln addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements and on those programs, we have determined to be major programs (if applicable). However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting or misappropriation of assets and any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit (if applicable). We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. The objective for our audit also includes reporting on: a lnternal control related to the financial statements and compliance with the provisions of laws, regulations, contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with GAGAS (if applicable). a lnternal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and materialeffect on each major program in accordance with Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations (if applicable). As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Entity's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to GAGAS (if applicable). Uniform Guidance (if applicable) requires that we also plan and perform the audit to obtain reasonable assurance about whether the Entity has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the "Uniform Guidance Compliance Supplement" for the types of compliance requirements that could have a direct and material effect on each of the Entity's major programs. The purpose of these procedures will be to express an opinion on the Entity's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to Uniform Guidance. As required by Uniform Guidance, we will also perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to prevent or detect material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Uniform Guidance. 3 9 Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. We will also include, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's/Entity's ability to continue as a going concern for a reasonable period of time. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement when required based on our professionaljudgement. Audit Procedures - lnternal Control We will obtain an understanding of the Entity and its environment, including internal control relevant to the audit, sufficient to identity and assess the risks of material misstatement of the financial statements and the supplementary information, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identiff deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to prevent and detect misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to GAGAS. An audit is also not designed to identiff significant deficiencies or material weaknesses. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Audit Procedures - Gompliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Entity's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report. Reporting We will issue a written report(s) upon completion of our audit of the Entity's financial statements and written reports required with audits performed in accordance with GAGAS and the Uniform Guidance (if applicable). Our reports will be addressed to the Honorable Mayor and the Board of Trustees of the Village of Pelham, New York. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it 4 10 may be necessary for us to modifo our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor's report, or if necessary, withdraw from this engagement. lf our opinions are other than unmodified, we will discuss the reasons with you in advance. lf, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or withdraw from this engagement. We will also provide a report (which does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by GAGAS (if applicable). The reports on internal control and compliance (if applicable) will each include a paragraph that states that the purpose of the report is solely to describe (1 ) the scope of testing of internal control over financial reporting and compliance and the result of that testing and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, (2) the scope of testing internal control over compliance for major programs and major program compliance and the result of that testing and to provide an opinion on compliance but not to provide an opinion on the effectiveness of internal control over compliance, and (3) that the report is an integral part of an audit performed in accordance with GAGAS in considering internal control over financial reporting and compliance and Uniform Guidance in considering internal control over compliance and major program compliance. The paragraph will also state that the report is not suitable for any other purpose. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form (if applicable) that summarize our audit findings. lt is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federalaudit clearinghouse. We will coordinate with you the electronic submission and certification. lf applicable, we will provide copies of our report for you to include with the reporting package you will submit to passthrough entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. We will also communicate with those charged with governance any (a) fraud involving senior management and other fraud that causes a material misstatement of the financial statements; (b) violations of laws or governmental regulations that come to our attention (unless they are clearly inconsequential); (c) disagreements with management and other serious difficulties encountered in performing the audit; and, (d) various matters related to the Entity's accounting policies and financial statements. Other Services We will also assist in preparing the financial statements of Entity in conformity with accounting principles generally accepted in the United States of America based on information provided by you. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professionaljudgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. 5 11 Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements, including all disclosures, RSI and supplementary information, in conformity with accounting principles generally accepted in the United States of America. Management is responsible for making drafts of financial statements, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Your responsibilities include adjusting the financial statements and supplementary information to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the preparation of the supplementary information in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Management's responsibilities include acknowledging to us in the written representation letterthat (1) you are responsible for presentation of the RSI and supplementary information in accordance with US GAAP; (2) you believe the RSI and supplementary information, including its form and content, is fairly presented in accordance with US GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the RSI and supplementary information. Management is responsible for management decisions and assuming all management responsibilities; for designating an individual with suitable skill, knowledge, and/or experience to oversee preparing the financial statements or other non-attest services we provide; and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is also responsible for identifoing government award programs and understanding and complying with the compliance requirements, and for preparation of the schedule of expenditures of federal awards in accordance with the requirements of Uniform Guidance (if applicable). As part of the audit, we will assist with preparation of your financial statements, schedule of expenditures of federal 6 12 awards (if applicable), and related notes. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. You are responsible for making all management decisions and assuming all management responsibilities relating to the financial statements, schedule of expenditures of federal awards and related notes, and for accepting full responsibility for such decisions. Management is also responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the Entity involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the Entity received in communications from employees, former employees, grantors, regulators, or others. ln addition, you are responsible for identifying and ensuring that the Entity complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Additionally, as required by Uniform Guidance (if applicable), it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. ln order to help ensure that appropriate goals and objectives are met and that there is reasonable assurance that government programs are administered in compliance with compliance requirements, management is responsible for establishing and maintaining effective internal control, including internal control over compliance, and for evaluating and monitoring ongoing activities. Management's responsibilities also include identifying any significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identiffing for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the audit objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other engagements or studies. The Entity is also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information. At the conclusion of the engagement, we will request from management written confirmation concerning representations made to us in connection with the audit. The representation letter, among other things, will confirm management's responsibility for: (1) the preparation of the financial statements in conformity with US GAAP, (2) the availability of financial records and related data, and (3) the completeness and availability of all minutes of board meetings. Management's representation letter will further confirm that: (1) the effects of any uncorrected misstatements aggregated by us during the engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole, and (2) we have been informed of, or that there were no incidences of, fraud involving management or those employees who have significant roles in the Entity's internal control. You will also be required to acknowledge in the management representation letter, when applicable, our assistance with preparation of the financial statements and related schedules, RSI and the schedule of expenditures of federal awards (if applicable) and that you have reviewed and approved the financial 7 13 statements, aforementioned schedules and RSl, and related notes prior to their issuance and have accepted responsibility for them. We will place reliance on these representations in issuing our report. ln the event that we become obligated to pay any cost, settlement, judgment, fine, penalty, or similar award or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, as a direct or indirect result of an intentional, knowing or reckless misrepresentation or provision to us of inaccurate or incomplete information by the Entity or, any elected official, member of management or employee thereof in connection with this engagement, and not any failure on our part to comply with professional standards, you agree to indemnifo us against such obligations. To the best of your knowledge, you are unaware of any facts which might impair our independence with respect to this engagement. The financial statements are the property of the Entity and can be reproduced and distributed as management desires. However, you must notiff us in advance and obtain our approval if you intend to make reference to our firm in a document that includes our auditors' report on the financial statements. Because our engagement does not contemplate the foregoing, there may be an additional fee in connection with our review of any such documents. ln the event our auditor/client relationship has been terminated when the Entity seeks such consent, we will be under no obligation to grant such consent or approval. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. We understand that your accounting department personnel will assist us to the extent practicable in completing the audit. They will provide us with detailed trial balances, supporting schedules, and other information we deem necessary. A list of these schedules and other items of information will be furnished to you before we begin the audit. The timely and accurate completion of this information is an essential condition to our completion of the audit and the issuance of the audit report. We keep documents related to this engagement in accordance with our records retention policy and applicable regulations or for any additional period requested by the applicable cognizant agency. lf we are aware that a federal awarding agency or the Entity is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We do not keep any original client records, so we will return those to you at the completion of the services rendered under this engagement. When records are returned to you, it is your responsibility to retain and protect your records for possible future use, including potential examination by any government or regulatory agencies. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. Management, however, has final responsibility for reviewing the proposed entries and understanding the nature and impact of the proposed entries to the financial statements. lt is our understanding that management has designated qualified individuals with the necessary expertise to be responsible and accountable for overseeing the acceptance and processing of such journal entries. 8 14 Non-reliance on oral advice It is our policy to put all advice on which a client intends to rely in writing. We believe that is necessary to avoid confusion and to make clear the specific nature and limitations of our advice. You should not rely on any advice that has not been put in writing by our firm after a full supervisory review. Electronic and other communication During the course of the engagement, we may communicate with you or with Entity personnel via fax or e-mail. You should be aware that communication in those media may be unsafe to use and contains a risk of misdirection and/or interception by unintended third parties, or failed delivery or receipt. ln that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of e-mail or other electronic transmissions, including any consequential, incidental, direct, indirect, or special damages. Access to working papers During the course of this engagement, we will develop files of various documents, schedules and other related engagement information known as our working papers. As we are sure you can appreciate, these working papers may contain confidential information and our firm's proprietary data. You understand and agree that these working papers are, and will remain, our exclusive property. Except as discussed below, any requests for access to our working papers will be discussed with you before making them available to requesting parties: (1) Our firm, as well as other accounting firms, participates in a peer review program covering our audit and accounting practices. This program requires that once every three years we subject our system of quality control to an examination by another accounting firm. As part of this process, the other firm will review a sample of our work. lt is possible that the work we perform for you may be selected for review. lf it is, the other firm is bound by professional standards to keep all information confi dential. (2) We may be requested to make certain working papers available to regulators pursuant to authority given to them by law, regulation, or subpoena. Such regulators may include (i) a federal agency providing direct or indirect funding or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities; (ii) the American lnstitute of Certified Public Accountants; and (iii) the State Board of Accountancy. lf requested, access to such working papers will be provided under the supervision of our personnel. Furthermore, upon request, we may provide photocopies of selected working papers to them. The regulator may intend, or decide, to distribute the photocopies or information contained therein to others, including other government agencies. I 15 Fees and billing The components of our fees for each of the next five years are detailed below 2023 2024 2025 2026 2027 Audit of the basic financial statements, meetings with Management, Public Board Meeting and GASB Statement No. 34 Additional Auditing $ 39,500 $ 40,250 $ 41,000 $ 41,750 $ 42,500 Village Justice Court 3,000 3,000 3,000 3,000 3,000 _$_42,!99_ _$_43299_ _$_44,ggg_ _q_44lgg_ _$_45,ggg_ ln the event that the Entity spends $750,000 or more in Federal Assistance, a Single Audit will be required pursuant to Uniform Guidance. Our fees for the compliance audit will be $3,000 per program. The fee is based on anticipated cooperation from your personnel, audit condition of the books and records and the assumption that unexpected circumstances will not be encountered during the audit. lf significant additionaltime is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our fees for these services are due and payable under the payment schedule which follows. lnvoices for additional amounts that may be incurred for these, and other services will be rendered as such work progresses and are payable upon presentation. Payments will be due Percentage Upon completion of our audit field work 75o/o Upon submission of the final report and management letter 25o/o lOOo/o Our average standard hourly billing rates are shown below. Actual rates may vary by staff experience levels. This rate will increase each year in the subsequent years. Level 2022 Rates Sr. Partner/Partner $300-31 0 Sr. Manager/Manager $210-240 Supervisor $1 85 Senior Accountant $165 Associate $145 Liability Any and all claims by the Entity arising under this engagement must be commenced by the Entity within one year following the date on which our firm delivered our report on the financial statements associated with this engagement, or the date the Entity is informed of the engagement's termination in the event our report is not delivered, for any reason. 10 16 You agree to reimburse our firm, its partners, principals and employees, to the fullest extent permitted by law for any expense, including compensation for our time at our standard billing rates and reimbursement or our outof-pocket expenses and reasonable attorneys' fees, incurred in complying with or responding to any request (by subpoena or othenruise) for testimony, documents or other information concerning the Entity by any governmental agency or investigative body or by a party in any litigation or dispute other than litigation or disputes involving claims by the Entity against the firm. This indemnification will survive termination of this engagement. Dispute resolution This engagement will be governed by the laws of the State of New York, without giving effect to any provisions relating to conflict of laws that would require the laws of another jurisdiction to apply. Hosting services ln order to maintain our independence in accordance with the AICPA's Code of Professional Conduct, we cannot host or maintain any client information. You are expected to retain all financial and non- financial information including anything you upload to a portal and are responsible for downloading and retaining anything we upload in a timely manner. Portals are only meant as a method of transferring data, are not intended for the storage of client information, and may be deleted at any time. You are expected to maintain control over your accounting systems to include the licensing of applications and the hosting of said applications and data. We do not provide electronic security or back-up services for any of your data or records. Giving us access to your accounting system does not make us hosts of information contained within. Confirmation and other H. Chris Kopf is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. GAGAS require that we provide you with a copy of our most recent external peer review report, and any subsequent peer review reports received during the period of the contract. Our latest peer review report accompanies this letter. We will provide copies of our reports to the Entity; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. Our audit engagement for each year ends on delivery of our audit report covering that year. Requests for services other than those included in this engagement letter will be agreed upon separately. All rights and obligations set forth herein shall become the rights and obligations of any successor firm to PKF O'Connor Davies, LLP by way of merger, acquisition or otherwise. lf this letter correctly expresses your understanding of the terms of our engagement, including our respective responsibilities, please sign the enclosed copy where indicated and return it to us. 11 17 We are pleased to have this opportunity to serve you Very truly yours, PKr 0'hrnn Larrlu, uP PKF O'Gonnor Davies, LLP Enc. The services and terms described in the foregoing letter are in accordance with our requirements and are acceptable to us. VILLAGE OF BRIARCLIFF MANOR, NEW YORK BY: TITLE: DATE: PKF O'Connor Davies, LLP is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liabili$ for the actions or inactions on the part of any other individual member firm or firms. *** 12 18  DF|VIE lll*.'L,.N Conltlod Publlc Accountants REPORT ON THE FIRM'S SYSTEM OF QUALITY CONTROL June 16,2020 To the Partners of PKF O'Connor Davies, LLP and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of PKF O'Connor Davies, LLP (the firm) applicable to engagements not subject to PCAOB permanent inspeclion in effect for the year ended December 31, 2019. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American lnstitute of Certified Public Accountants (Standards), A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aicpa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Flrm's Responstblllty The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of perforrling and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any, P ee r Rev I ewerb Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. Requlred Selections and Consideratlons Engagements selected for review included engagements performed under Government Auditing Sfandards, including compliance audits under the Single Audit Act, audits of employee benefit plans, audits of broker-dealers, and examinalions of service organizations SOC 1 and SOC 2 engagements. As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Davle Kaplan, CPA, P.C. ]OOO First Federal Plaa Rochest€r, New York 14614 T€l:585-454-4161 Fu:585-454-2573 M.davlokaplan.com 13 19  Oplnlon ln our opinion, the system of quali$ control for the accounting and auditing practice of PKF O'Connor Davies, LLP applicable to engagements not subjecl to PCAOB permanent inspection in effect for the year ended December 31, 2019, has been suilably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformily with applicable professional standards in all material respects. Firms can receive a rating of pasq pass wifh deficiency(ies) or fafi. PKF O'Connor Davies, LLP has received a peer review rating of pass. ffi,,;t ftfL",C/A, !'C. DAVIE KAPLAN, CPA, P.C. Davie Kaplan, CPA, P.C, Certilied Public A,ccountants 14 20  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 6A. AWARD OF BID – 1050 PLEASANTVILLE ROAD BUILDING DEMOLITION AND DISPOSAL PROJECT WHEREAS the Village received 8 bids for the 1050 Pleasantville Road Building Demolition and Disposal Project (VM-2223-2); and NOW, THEREFORE, BE IT RESOLVED that the bid for the 1050 Pleasantville Road Building Demolition and Disposal Project (VM-2223-2) is hereby awarded to Stamford Wrecking Company per their bid of $80,500 and charged to budget code H1230.201.22160. Amount Budget Code Available H1230.201.22160 $ 427,825.83 VM2223-2 Building Demolition -$80,500.00 VM2223-6 Parking Lot Improvements -$61,241.00 TOTAL REMAINING: $ 286,084.83 BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Stamford Wrecking Company for said project. 21  1111 PLEASANTVILLE ROAD VILLAGE OF BRIARCLIFF MANOR, N.Y. 10510 BRIARCLIFF MANOR TELEPHONE: (914) 944-2770 www.briarcliffmanor.org FAX: (914) 941-4837 Recommendation of Award VM 2223-2 BUILDING DEMOLITION AND DISPOSAL, 1050 PLEASANTVILLE ROAD STAMFORD WRECKING COMPANY January 6, 2023 To: Joshua Ringel – Village Manager From: David J. Turiano, P.E. Re: VM 2223-2 Building Demolition and Disposal, 1050 Pleasantville Road Bid Opening: December 29, 2022, 11:00am, Municipal Building & Zoom Project Description: Water Main Replacement and roadway improvements. Staff Present: David J. Turiano, P.E., Jeffrey M. Gaspar, P.E. & Lauren Gualdino Bids Received: 8 Bid Range: $80,500.00-$860,475.00 Type of Contract: Lump Sum Reference Checks: 4, attached Recommendation to Award to Low Bidder: Yes, see below discussion. Summary of Bids: NAME OF CONTRACTOR TOTAL BID BID BOND STAMFORD WRECKING COMPANY $80,500.00 √ LAURA LI INDUSTRIES $88,511.00 √ WD EXCAVATION & CONSTRUCTION $99,500.00 √ GENTILE CONSTRUCTION CORP $117,500.00 √ AAA CARTING & RUBBISH $123,900.00 CHECK DAN'S HAULING & DEMO $124,000.00 √ CIRONE CONSTRUCTION $158,494.65 √ JC LAND & SITE DEVELOPMENT $860,475.00 √ Use of Funds / Source of Funds: Budget Code Amount H1230.201.22160 $ 427,825.83 22 TOTAL: $ 427,825.83  Recommendation Pursuant to the requirements of General Municipal Law paragraph 103 and 104-b, my office hereby recommends that contract number VM 2223-2 Building Demolition and Disposal, 1050 Pleasantville Road be awarded to Stamford Wrecking Company in the amount of $80,500.00 as they are the lowest responsible bidder. Please feel free to contact me with any questions on the above. David J. Turiano, P.E. 23 24 25 26 27  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 6B. AWARD OF BID – 1050 PLEASANTVILLE ROAD PARKING LOT IMPROVEMENTS PROJECT WHEREAS the Village received 14 bids for the 1050 Pleasantville Road Building Parking Lot Improvements Project (VM-2223-6); and NOW, THEREFORE, BE IT RESOLVED that the bid for the 1050 Pleasantville Road Building Parking Lot Improvements Project (VM-2223-6) is hereby awarded to Gentile Construction Corp. per their item quantity bid of $61,241 and charged to budget code H1230.201.22160. Amount Budget Code Available H1230.201.22160 $ 427,825.83 VM2223-2 Building Demolition -$80,500.00 VM2223-6 Parking Lot Improvements -$61,241.00 TOTAL REMAINING: $ 286,084.83 BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Stamford Wrecking Company for said project. 28  1111 PLEASANTVILLE ROAD VILLAGE OF BRIARCLIFF MANOR, N.Y. 10510 BRIARCLIFF MANOR TELEPHONE: (914) 944-2770 www.briarcliffmanor.org FAX: (914) 941-4837 Recommendation of Award VM 2223-6 1050 PLEASANTVILLE ROAD, PARKING LOT IMPROVEMENTS GENTILE CONSTRUCTION CORP. January 12, 2023 To: Joshua Ringel – Village Manager From: David J. Turiano, P.E. Re: VM 2223-6 1050 Pleasantville Road, Parking Lot Improvements Bid Opening: January 10, 2023, 11:00am, Municipal Building & Zoom Project Description: Water Main Replacement and roadway improvements. Staff Present: David J. Turiano, P.E., Jeffrey M. Gaspar, P.E. & Lauren Gualdino Bids Received: 14 Bid Range: $61,241.00-$133,040.00 Type of Contract: Item Quantity Reference Checks: 3, attached Recommendation to Award to Low Bidder: Yes, see below discussion. Summary of Bids: NAME OF CONTRACTOR TOTAL BID BID BOND Gentile Construction Corp. $ 61,241.00 ✓ Westchester Hills Landscaping, Inc. $ 61,498.00 ✓ C.M.C. Contractors, Inc. $ 79,890.00 ✓ Peter J. Landi Inc. $ 82,650.00 ✓ ELQ Industries, Inc $ 87,025.00 ✓ Coppola Paving $ 88,140.00 ✓ WD Excavation & Contracting, Inc. $ 91,450.00 ✓ Laura Li Industries $ 98,511.00 ✓ Atlantic Specialty Inc $ 109,335.00 ✓ JC Land & Site Development, Inc $ 112,665.75 ✓ R. Pungi and Sons, Inc. $ 120,000.00 ✓ Landvscape Inc dba Nicky Diggs Excavation $ 123,549.00 ✓ Paladino Concrete Creations, Corp. $ 131,745.00 ✓ J.E.H. Contracting Corp $ 133,040.00 ✓ 29  Use of Funds / Source of Funds: Budget Code Amount H1230.201.22160 $ 427,825.83 TOTAL: $ 427,825.83 Recommendation Pursuant to the requirements of General Municipal Law paragraph 103 and 104-b, my office hereby recommends that contract number VM 2223-6 1050 Pleasantville Road, Parking Lot Improvements awarded to Gentile Construction Corp. in the amount of $61,241.00 as they are the lowest responsible bidder. Please feel free to contact me with any questions on the above. David J. Turiano, P.E. 30 31 32 33  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 7. AMENDED SPECIAL USE PERMIT REQUEST – MORRELL WINE FACILITY, 600 ALBANY POST ROAD – LEAD AGENCY DETERMINATION, PLANNING BOARD REFERRAL AND SCHEDULING OF PUBLIC HEARING All back materials can be found at the following link: https://www.briarcliffmanor.gov/mayor-board-trustees/pages/600-albany-post- road-morrell-and-co-wine-emporium 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: Morrell Wine Facility Project Location: 600 Albany Post Road, Village of Briarcliff Manor, Westchester County, New York SEQRA Type: Unlisted Action Project Description: The Morrell and Company the Wine Emporium, LTD (the “Applicant”) is seeking an amendment to an existing special permit from the Village of Briarcliff Manor Board of Trustees to for the addition of a 710 square foot retail space within the approved 38,000 square foot Specialty Warehouse Facility (“Special Permit Amendment”). The Morrell Wine Facility currently operates under a special permit as a “Specialty Warehouse” for the storage of fine wine and spirits in accordance with Section 220-6(M)(2)(o) of the Zoning Code. The proposed retail operation will be limited in nature, and the predominant use of the project site will continue to be the private storage and distribution of wine. No external modifications to the previously approved site plans associated with the Specialty Warehouse Special Permit are required to 34  accommodate the retail space. The Applicant will also require Site Plan Approval, a steep slope permit, and a wetland permit from the Planning Board. 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 an amendment to a Special Use Permit by the Morrell and Company the Wine Emporium, LTD located at 600 Albany Post 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 an amended Special Use Permit by the Morrell and Company the Wine Emporium, LTD for the addition of a retail space within the existing Specialty Warehouse is hereby scheduled for Tuesday, February XX, 2023 at 7:30pm or soon thereafter at the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, NY 10510. 35  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 8. SCHEDULE A PUBLIC HEARING, SPECIAL USE PERMIT, AMERICAN ANGLICAN CHURCH (HOLY INNOCENTS) BE IT RESOLVED that a Public Hearing is hereby scheduled for February 7, 2023 at 7:30pm or soon thereafter in the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, NY to hear and consider an application for the renewal of a Special Use Permit issued to the American Anglican Church (Holy Innocents). 36 37  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 17, 2023 9. DASNY GRANT FUNDING COMMITMENT – CLUB TRAIL AND PUMP STATION DECOMMISSIONING Whereas, the Village endeavors to improve its recreational trail offerings, and Whereas, the Village also endeavors to remove and decommission old, unused facilities, and Whereas, in that vein, the Village has two capital projects as described below: 1. The Club Field Walking Track a. an additional recreation amenity, this ¼ mile stone dust walking path would encircle “the Club” Sports field. Estimated cost - $42,500 2. Decommissioning Water Shaft & Convert to Trail Head Comfort Station a. Originally the main water pump station from 1959 to 2012, this pump station with 200-foot shaft is ready to be fully decommissioned. The Village’s plan is to convert the building into a compostable toilet / comfort station for new trails to be blazed in Pine Road Park. Estimated cost - $100,000 Whereas, the Village has been working with for Assemblywoman Galef and her successor Assemblywoman Levenberg on a $125,000 grant to complete this work, and Whereas, DASNY requires a funding commitment from the Village for any project costs exceeding the total grant amount; and Now, Therefore, be it resolved that The Village of Briarcliff Manor is committed to completing this project in its entirety and will cover all costs in excess of the grant. Evidence of committed funds is detailed attached hereto. Be it Further Resolved, that the below line shall be used to cover the excess costs of the grant: Capital Account Line for Club Walking Trail Project – H5110-201-23483 38 01/13/2023 12:17 |VILLAGE OF BRIARCLIFF MANOR |P 1 414knivi |G/L ACCOUNT - MASTER________________________________________ ________________________________________ INQUIRY |glactinq Org code: H5110 Street Maintenance Type: E Object code: 201 Equipment Status: A Project code: 23483 Club Walking Trail Budgetary: Y Fund H Capital Fund Function 5 Transportation Group 51 Transportation-Highway Rsp Ctr 05 Public Works Department 5110 Street Maintenance *UNKNOWN* *UNKNOWN* Project 23483 Club Walking Trail Full description: Club Walking Trail Project Short desc: Clb Wlk Tr Reference Acct: Auto-encumber? (Y/N) N --------- CURRENT YEAR MONTHLY AMOUNTS ---------- PER ACTUAL ENCUMBRANCE BUD TRANSFER BUDGET 00 .00 .00 .00 .00 01 .00 .00 .00 .00 02 .00 .00 .00 .00 03 .00 .00 .00 .00 04 .00 .00 .00 .00 05 .00 .00 .00 .00 06 .00 .00 .00 .00 07 .00 .00 .00 .00 08 .00 .00 9,350.00 31,850.00 09 .00 .00 .00 .00 10 .00 .00 .00 .00 11 .00 .00 .00 .00 12 .00 .00 .00 .00 13 .00 .00 .00 .00 Tot: .00 .00 9,350.00 31,850.00 ---------- CURRENT YEAR TOTAL AMOUNTS ----------- Actual (Memo) .00 Original Budget .00 Encumbrances .00 Budget Tranfr In .00 Requisitions .00 Budget Tranfr Out .00 Total .00 Carry Fwd Budget .00 Available Budget 31,850.00 Carry Fwd Bud Tfr .00 Percent Used .00 Revised Budget .00 Inceptn to SOY .00 Inceptn Orig Bud 22,500.00 Inceptn Revsd Bud 31,850.00 Encumb-Last Yr .00 Dept .00 Actual-Last Yr .00 Manager .00 Estim-Actual 31,850.00 Tentative .00 .00 Trustees .00 .00 39 01/13/2023 12:17 |VILLAGE OF BRIARCLIFF MANOR |P 2 414knivi |G/L ACCOUNT - MASTER________________________________________ ________________________________________ INQUIRY |glactinq LAST YEAR MONTHLY AMOUNTS PER ACTUAL ENCUMBRANCE BUDGET 00 .00 .00 .00 01 .00 .00 .00 02 .00 .00 .00 03 .00 .00 .00 04 .00 .00 .00 05 .00 .00 .00 06 .00 .00 .00 07 .00 .00 .00 08 .00 .00 .00 09 .00 .00 .00 10 .00 .00 .00 11 .00 .00 .00 12 .00 .00 .00 13 .00 .00 .00 Tot: .00 .00 .00 ----------- PRIOR YEARS TOTAL AMOUNTS ----------- 2022 Actual .00 2022 Orig Budget .00 2022 Closed @ YE .00 2022 Bud Tfr In .00 2022 Encumbrance .00 2022 Bud Tfr Out .00 2022 Memo Bal .00 2022 C Fwd Budget .00 2021 Actual .00 2022 Revsd Budget .00 2020 Actual .00 2019 Actual .00 2021 Orig Budget .00 2018 Actual .00 2021 Revsd Budget .00 2017 Actual .00 2020 Orig Budget .00 2016 Actual .00 2020 Revsd Budget .00 2015 Actual .00 2014 Actual .00 2022 0.00 2013 Actual .00 2021 0.00 2020 0.00 -------------- FUTURE YEAR AMOUNTS -------------- PER 2024 BUDGET BUDGET 00 .00 2024 Dept .00 .00 01 .00 2024 Manager .00 .00 02 .00 2024 Tentative .00 .00 03 .00 2024 Trustees .00 .00 04 .00 2024 .00 .00 05 .00 2024 Revised .00 06 .00 2025 Estimate .00 .00 07 .00 2026 Estimate .00 .00 08 .00 2027 Estimate .00 .00 09 .00 2028 Estimate .00 .00 10 .00 11 .00 2024 Memo Bal .00 12 .00 2024 Encumbrance .00 13 .00 2024 Requisition .00 Tot: .00 ----------------- ACCOUNT NOTES ----------------- ____________________________________________ ___________________________________ ** END OF REPORT - Generated by Katie Nivins ** 40  Village Board of Trustees Regular Meeting December 20, 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 20th of December, 2022 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Edward E. Midgley, Trustee Also Present Josh Ringel, Village Manager Christine Dennett, Village Clerk via zoom Josh Subin, Village Attorney Absent Kevin Hunt, Trustee Rhea Mallett, Trustee David Turiano, Village Engineer Pledge of Allegiance Special Use Permit Application for Yeshivath Viznitz , 235 Elm Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the hearing to January 17, 2023. Annual Audit Report for FY 2021-2022 – PKF O’Connor Davies Mr. Chris Kopf presented the budget report for FY 2021-2022. The Board thanked Village Treasurer Katie Nivins and her team as well as Department Heads for keeping expenses down. Board of Trustees Announcements • The Board presented a plaque of recognition to Kim Izzarelli for her many years of service to the Village including her most recent term as President of the Library Board. • Happy Birthday to Jessica Vescio, former Mayor Bill Vescio, Georgina Gualdino and belated birthday to Josh Ringel. • Call for Volunteers for the Library Board. Anyone interested should submit a letter of interest and resume through the Village website. 41  • Tonight is the last meeting of 2022. It was a very productive year. Special thanks to all the hard-working staff and volunteers. Looking forward to 2023! Village Manager/Village Engineer’s Report • Residents are reminded to curb their dogs. • The Fire Department offered holiday shopping safety tips for home delivery. • A grant was submitted for the Club Trail and decommissioning of the Long Hill Road Pump Station • The tree inventory is complete. • The pool design will be part of the capital plan. • The Mobility Enhancement Project modified drawings are at 60%. • LED lighting complete at the Library. • The bids are out for 1050 Pleasantville Road. • The Army Corp of Engineers has provided comments regarding the Dog Park. Staff is reviewing. Committee Reports Recreation Advisory Committee: • The Recreation Department is hiring ski trip chaperones. • Send in your Light Up Briarcliff info. Library Board: • Many program offerings listed on their website. • Museum passes are available. Public Comments There were no public comments. Consider Authorizing Village Manager to Execute an Agreement - Ossining Fire Protection District Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Ossining for fire protection services to the Town of Ossining Fire Protection District in the amount of $167,515.59 to expire on December 31, 2022 and shall renew for 4 consecutive terms ending on December 31, 2027. Award of Bid – North State Road Water Main Replacement Project 42  Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 7 bids for the North State Road Water Main Replacement Project (VM-2223-3); and NOW, THEREFORE, BE IT RESOLVED that the bid for the North State Road Water Main Replacement Project (VM-2223-3) is hereby awarded to Bradhurst Site Construction Corp. per their bid of $739,000 and charged as follows: Budget Code Amount H8397.201.21484 Transite Water Pipe $ 923,020.35 TOTAL: $ 923,020.35 BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Bradhurst Site Construction Corp. for said project. Roll Call: Trustee Mallett Absent Trustee Midgley Aye Trustee Hunt Absent Deputy Mayor Chatzky Aye Mayor Vescio Aye Consider Special Use Permit Request – Briarcliff Manor Center for Rehab and Nursing, 620 Sleepy Hollow Road - Lead Agency Determination, Planning Board Referral and Scheduling of Public Hearing Mr. Pablo Ross, Engineer for the Applicant, gave a brief overview of the project. The Board thanked the applicant for their complete application. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 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 43  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 Manor Center for Rehab and Nursing Electrical Generator Renovation Project Location: 620 Sleepy Hollow Road, Village of Briarcliff Manor, Westchester County, New York SEQRA Type: Unlisted Project Description: Sapphire HC Realty LLC (the “Applicant”) is proposing a new electrical generator for the existing Briarcliff Manor Center for Rehab and Nursing (the “Facility”), located at 620 Sleepy Hollow Road, Briarcliff Manor, NY 10510 (Section 105.13, Block 2, Lot 55). The new generator will be sized to provide power to the Facility for a minimum of 48 hours with a built-in diesel tank. The new generator has a power rating of 500 kiloWatts. The proposed generator will run for 30 minutes each week, similar to the existing generator. The existing Facility consists of a Nursing Home facility, Use Group I-2. The facility is a 2- story Facility with a maximum height of 30 feet and has a square footage. The Facility operates under a special permit as a “[c]onvalescent or nursing home or homes for the aged” under Village Code §220-6(J)(7) within a R40B Single-family Residence District. The Applicant is seeking an amendment to their existing special permit to allow the new generator. The Applicant will also require Site Plan Approval from the Planning Board. 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 44  BE IT RESOLVED that the request for an amendment to a Special Use Permit by Sapphire HC Realty LLC located at 620 Sleepy Hollow 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 an amendment to a Special Use Permit by Sapphire HC Realty LLC for the use of the property located at 620 Sleepy Hollow Road 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. Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the minutes of December 6, 2022 as amended. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the regular meeting at 8:20pm. The Board wished everyone Happy Holidays. Respectfully Submitted By, Christine Dennett Village Clerk 45