Mayor & Board of Trustees

AGENDA TUESDAY FEBRUARY 7, 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. Public Hearing Special Use Permit Amendment Request – 620 Sleepy Hollow Road - Sapphire HC Realty, LLC - Briarcliff Manor Center for Rehab and Nursing 2. Public Hearing Special Use Permit Amendment Request – Morrell and Company the Wine Emporium LTD, 600 Albany Post Road 3. Public Hearing to Renew a Special Use Permit – American Anglican Church Diocese of the Holy Innocents – 680 Albany Post Road Board of Trustees Announcements Village Manager Village Engineer’s Report Committee Reports Public Comments 4. Election Resolution for Annual Village Election 2023 5. Election Inspectors for Village Election March 21, 2023 6. Authorize Village Manager to Execute an Agreement with the Town of Ossining – Tax Issue at 1050 Pleasantville Road 7. Renaming of Horticultural Advisory Committee and Environmental Sustainability Advisory Committee 8. Schedule a Public Hearing to Amend Chapter 202-7, Tree Preservation Board 9. Award of Bid – HVAC 10. Appointment of Police Officer 11. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, FEBRUARY 21, 2023 1  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 1. PUBLIC HEARING - SPECIAL USE PERMIT REQUEST – 620 SLEEPY HOLLOW ROAD, SAPPHIRE HC REALTY LLC WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) received an application and accompanying documentation dated August 11, 2022 submitted by Sapphire HC, Inc. (“the Applicant/Owner”) for amended Special Permit Approval for the existing 11.7-acre 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); and WHEREAS, the Facility operates under a 1984 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; Whereas, the Applicant is proposing a new electrical generator for the existing Facility on an 0.007-acre portion of the Project Site which will be sized to provide power to the Facility for a minimum of 48 hours with a built-in diesel tank (“Project”); and WHEREAS, the Applicant is seeking an amendment to their existing special permit to allow the Project; WHEREAS, in support of its Application, the Applicant submitted the following documents and plans: 1. ALTA/NSPS Land Title Survey of Property prepared by Insite Engineering, Surveying & landscaping Architecture, P.C. dated May 9, 2019; 2. Drawing E2 Electrical Power Site Plan prepared by J.P. Ross Engineers dated November 9, 2022; and 3. Henning Enclosure Systems Details dated August 12, 2021; and 4. Gillette Generators Specifications. WHEREAS, in support of its Application, the Applicant also submitted a Short Environmental Assessment Form Part 1 (“Short EAF”), dated August 11, 2022 pursuant to the State Environmental Quality Review Act [“SEQRA”(6 NYCRR Part 617)]; and WHEREAS, the Board of Trustees reviewed the Short EAF Part 1 for preliminary assessment of the environmental impacts of the Proposed Action under 2 SEQRA, determined that it is subject to SEQRA, that it does not involve any federal agency, that it will involve other agencies, and that it is classified as an Unlisted Action under SEQRA, and by Resolution adopted December 17, 2022, declared its intent to serve as Lead Agency for the purpose of a coordinated review of the environmental impacts of the Proposed Action under SEQRA, directed the Village Clerk to transmit and file a notice, dated December 17, 2022 of the Board of Trustees’ intent to serve as Lead Agency pursuant to 6 N.Y.C.R.R. §617.6(b), and preliminarily classified the Proposed Action as an Unlisted Action under SEQR pursuant to 6 N.Y.C.R.R. §617.6(a).; and WHEREAS, the Village Clerk transmitted the Board of Trustees’ Notice of Intent to serve as the SEQRA Lead Agency to the Village Planning Board, Village Fire Department, Westchester County Department of Planning, and Town of Mount Pleasant; and WHEREAS, by resolution adopted December 20, 2022, the Board of Trustees set a Public Hearing on the Special Permit to be held at William J. Vescio Community Center, 1 Library Road Briarcliff Manor, at 7:30 PM on January 17, 2023; and WHEREAS, the Village Clerk gave notice of the Public Hearing and as directed by the Board of Trustees, also referred the Proposed Amended Special Permit to neighbors within 500 feet of the Project Site; and WHEREAS, the Board of Trustees held a duly advertised Public Hearing on issuance of the Proposed Amended Special Permit at William J. Vescio Community Center at 7:30 PM, at which time the Board heard oral comments from the public, and representatives of the Applicant, gave the opportunity to be heard to all those wishing to be heard, and adjourned the Public Hearing to February 7, 2023; and WHEREAS, the Village Clerk gave notice of the resumed Public Hearing; and WHEREAS, following the public hearing on January 17, 2023, the Board of Trustees held the public hearing open until February 7, 2023 at which time, after all members of the public wishing to be heard had an opportunity to speak, it was closed; and WHEREAS, pursuant to New York General Municipal Law Sec. 239-m and Westchester County Administrative Code Sec. 277.61 and 277.71, the Application was referred to the Westchester County Planning Board/Department; and 3  WHEREAS, the Westchester County Planning Department responded to the referral by form letter dated December 29, 2022; and WHEREAS, pursuant to Village Code §220-6(C), the Application was referred to the Village Planning Board for its review and recommendation; and WHEREAS, the Village Planning Board responded to the referral by oral report given by the Village Engineer to the Board of Trustees during their January 17, 2023 meeting; and WHEREAS, the Board of Trustees received and reviewed a Short Environmental Assessment Form, Part 2 (“EAF Part 2”) prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of the adoption of the Amended Special Permit; and WHEREAS, the Board of Trustees considered the Short EAF Part 1, the Short EAF Part 2, oral report from the Village Planning Board, and form letter from the Westchester County Department of Planning dated December 29, 2022, other written submissions, and oral comments made at the Public Hearing; and WHEREAS, the Proposed Action has been subject to a coordinated review by the Board of Trustees as Lead Agency under SEQRA, and the Board of Trustees has concluded that issuance of the Amended Special Permit to the Applicant will not result in any significant adverse environmental impact; and WHEREAS, the Planning Board issued a general recommendation of support for the Proposed Specialty Warehouse Special Permit in its oral report; and WHEREAS, the Board is familiar with the 620 Sleepy Hollow site which is currently improved with the existing Briarcliff Manor Center for Rehab and Nursing; and WHEREAS, issuance of the Amended Special Permit will allow for installation of a new electrical generator to ensure the health and safety of Facility residents and allow better regulation and land use control of the Project Site; and WHEREAS, the Project is an accessory use to the existing Facility and will replace the existing on-site generator, and is consistent with surrounding land uses, and zoning; and 4  WHEREAS, pursuant to the requirements of Village Code Chapter 220-6D., the Applicant has submitted the requisite information as follows: site plan (§ 220-6.D.1), drainage (§220-6D.2), marketing study (§220-6D.3), Infrastructure and Utility Study (§ 220-6.D.4), traffic (§ 220-6.D.5), municipal service impact study § 220-6.D.6), educational resources impact study § 220-6.D.7), and fiscal impact study § 220-6.D.8); and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED, the Board of Trustees adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. RESOLVED, in its consideration of the Sapphire HC Realty LLC’s application, the Board of Trustees has reviewed and relied on: 1. Special Permit Application letters prepared by J.P. Ross Engineers dated August 11, 2022 and November 8, 2022, and accompanying Plans, Short Environmental Assessment Form, Parts 1, noise enclosure details and generator specifications and other analyses provided pursuant to §220-6.D. 2. Oral report from Village Planning Board on January 17, 2023. 3. Letter from the Westchester County Department of Planning dated December 29, 2022. 4. Amended Special Permit EAF, Part 2 prepared by Village Planning Consultants. 5. Presentations and statements made at the Public Hearing(s). RESOLVED, that the Board of Trustees, having heard no objections from the other Involved Agencies, hereby declares itself Lead Agency for the environmental review of the Proposed Action pursuant to the requirements of SEQRA and Part 617 (6NYRR Part 617), the Statewide implementing regulations pertaining to SEQRA. RESOLVED, the Board of Trustees has reviewed the studies provided pursuant to § 220-6.D and has determined that the Proposed Project will not result in significant impacts to the Village; and RESOLVED, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and based upon the review of the Short EAF Parts 1, 2 and 3 and all other application materials that were prepared for this action, the Board of Trustees hereby adopts a Negative Declaration for the Proposed Action and determines that the Proposed Action will not have a significant adverse impact upon the environment as it will not have an adverse impact upon the character of the area, nor will it result in an 5 adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, or result in a material conflict with the Village’s current plans or goals. RESOLVED, the Board of Trustees finds that: 1. The Project will result in the installation of a replacement generator at the existing Briarcliff Manor Center for Rehab and Nursing located at 620 Sleepy Hollow Road. The Facility currently operates under an existing 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. Minimal external site modifications are proposed for the installation and operation of the Proposed Project on the Project Site. Namely, the Applicant proposes to remove an existing oil tank and install a new generator in a noise enclosure to the south of the existing building. Protective bollards are proposed around the generator to avoid physical damage to the generator from an existing service drive and landscaping around the generator is also proposed. 2. The proposed generator will be sized to provide power to the Facility for a minimum of 48 hours with a built-in diesel tank and has a power rating of 500 kiloWatts. The proposed generator will run for 30 minutes each week, similar to the existing generator. 3. The Facility’s use of its property and location(s) on the site, the nature and intensity of the operations and traffic in connection with it, the size of the site in relation to it, and the location of the site with respect to the type, arrangement, and capacity of streets giving access to it are in satisfactory harmony with the appropriate and orderly development of the R40B zoning district in which the Facility is located. 4. The location, nature, and height of the generator and enclosure and the nature and extent of the landscaping and screening existing on the site and to be developed under the Proposed Site Plan are such that the Facility does not hinder or discourage the appropriate development and use of adjacent land and buildings. 5. The Facility’s operations are not more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting, than would be the operations of any permitted use on the site not requiring a special permit. 6. Parking areas are of adequate size for the Facility’s use of the site, properly located, and suitably screened from any adjoining residential uses, and the entrance and exit drives are laid out so as to achieve maximum safety. 7. The character, intensity, size, and location of the Facility is generally in harmony with the orderly development of the R40B zoning district in which the Project Site 6  is located and will not be detrimental to the orderly development of adjacent districts. 8. The Facility’s operations and improvements on the site under the Proposed Site Plan will not impair the use, enjoyment, or value of adjacent residential properties. 9. The nature and intensity of the Facility and the traffic generated by it is not especially hazardous, incongruous, or detrimental to the prevailing residential character of the neighborhood and the Project will not change the capacity of the Facility or related traffic. 10. The Facility and its existing operations and improvements on the site under the Proposed Site Plan is and will be harmonious with the R40B district in which it is located, does not and will not create undue pedestrian or vehicular traffic hazards, and does not and will not include any display of signs, noise, fumes, or lights that will hinder the normal development of the district or impair the use, enjoyment and value of adjacent land and buildings. 11. The applicable conditions and standards for Special Permit Use set forth in Village Code §220–6J.(7) have been met. RESOLVED, that the Board of Trustees imposes the following conditions on the issuance of an Amended Special Permit to the Facility: 1. Except as otherwise set forth in these conditions or approved by the Board of Trustees in an amendment to the Amended Special Permit, the Briarcliff Manor Center for Rehab and Nursing special permit is conditioned and contingent on the Village Planning Board approval of the Proposed Site Plan in the form set forth in drawing E2 “Electrical Power Site Plan” prepared by J.O. Ross Engineers, as may be modified by the Planning Board during Site Plan review. 2. Except as otherwise set forth in these conditions, no change shall be made on the site to add an improvement or to change the footprint or location of any improvement shown on the Proposed Site Plan Amendment approved by the Village Planning Board (“Site Plan”) unless approval for the addition or change is obtained from the Village Planning Board under Village Code §220–14. 3. All applicable fees, charges, and reimbursements charged to Applicant by the Village on the Village’s review and determination of the Application, the Proposed Action, the Proposed Specialty warehouse Special Permit, the Proposed Site Plan Amendment, and any matter incidental to any of the same shall be paid the before the Specialty Warehouse Special Permit takes effect. 7  RESOLVED, the Board of Trustees grants the Amended Special Permit to Sapphire HC Realty LLC in accordance with the provisions of Village Code §220–6 subject to the terms and conditions of this Resolution and to the Applicant’s: 1. Operation of the Facility in conformity with the requirements of the Village Code with regular, repeated, or continued deviations therefrom constituting a violation of the Amended Special Permit. 2. Use and improvement of the Project Site in conformity with the requirements of the Village Code and as set forth in the Site Plan, with regular, repeated, or continued deviations from the maintenance and improvement of the Project Site as set forth in the Site Plan constituting a violation of the Briarcliff Manor Center for Rehab and Nursing Special Permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the foregoing Resolution is hereby adopted. 8  Agency Use Only [If applicable] Project: 620 Sleepy Hollow Rd SUP/Generator Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ✔ 2. Will the proposed action result in a change in the use or intensity of use of land? ✔ 3. Will the proposed action impair the character or quality of the existing community? ✔ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? ✔ 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? ✔ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? ✔ 7. Will the proposed action impact existing: ✔ a. public / private water supplies? b. public / private wastewater treatment utilities? ✔ 8. Will the proposed action impair the character or quality of important historic, archaeological, ✔ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? ✔ 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? ✔ 11. Will the proposed action create a hazard to environmental resources or human health? ✔ PRINT FORM Page 1 of 2 9  Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. The proposed project consists of furnishing a new electrical generator for the Briarcliff Manor Center for Rehab and Nursing capable of supplying all electrical loads. The facility is existing and is equipped with a limited existing indoor generator that is in immediate need for replacement. The existing generator has a power rating of 150 kiloWatts. The existing electrical service will remain. The new generator will be sized to provide power 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 generator will comply with all requirements of Village Code. The schedule of the generator test will be set to operate during business hours between 9 am and 5 pm, Monday through Thursday so as to not disturb nearby residents. The generator will be provided with a Hospital Grade Critical Silencer inside of a Level 2 Sound Enclosure to reduce noise. Briarcliff Manor Village Code requires a maximum noise limit of 65 dB. The subject generator has a noise level of 62 dB at a distance of 100 feet. In addition, the Nursing Home currently operates under a special permit within the R40B District pursuant to Village Code Chapter 220-6J. (7) and the proposed project is an amendment to the existing special permit to allow the replacement generator. No other exterior changes to the property or changes in use are proposed. The proposed project will not prevent the reasonable and orderly use of other properties in the area and the location of the proposed generator will not hinder or discourage the appropriate and orderly development of the surrounding neighborhood. Further, the proposed amendment to the special permit will not impair the use, enjoyment and value of adjacent residential properties. Finally, the proposed generator will have a beneficial impact on the welfare and wellbeing of residents of the Nursing Home facility. Therefore, the Village of Briarcliff Manor Board of Trustees finds that the proposed project will not result in any potentially significant adverse environmental impacts, Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ✔ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Village of Briarcliff Manor Board of Trustees _________________________________________________ _______________________________________________ Name of Lead Agency Date Steven A, Vescio _________________________________________________ Mayor _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 2 10  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 2. PUBLIC HEARING SPECIAL USE PERMIT AMENDMENT REQUEST – MORRELL WINE FACILITY, 600 ALBANY POST ROAD 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 11  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 3. PUBLIC HEARING, SPECIAL USE PERMIT RENEWAL, AMERICAN ANGLICAN CHURCH (HOLY INNOCENTS) BE IT RESOLVED that the Special Use Permit issued to American Anglican Church (Holy Innocents) is hereby renewed subject to the same conditions included in the original Special Use Permit approval dated May 1, 2003. BE IT FURTHER RESOLVED that the Special Use Permit renewal shall extend to May 1, 2028. BE IT FURTHER RESOLVED that should the American Anglican Church (Holy Innocents) desire to renew this Special Use Permit for another five year period, commencing in 2028, the Church shall be responsible for requesting the renewal at least sixty (60) days prior to the expiration of the Special Use Permit. 12 13  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 4. ELECTION RESOLUTION FOR ANNUAL VILLAGE ELECTION 2023 BE IT RESOLVED that the Annual Village Election will be held in the Village of Briarcliff Manor at the Library and Community Center (1 Library Road) in said Village on Tuesday, March 21, 2023 between the hours of 6:00am and 9:00pm during which the polls will be open. BE IT FURTHER RESOLVED that the polling places for the Village of Briarcliff Manor, will be designated as follows, the Village’s Single Election District (Town Voting districts #15, #16, #17, #19, #26, #27 and #29) will vote in the Briarcliff Manor Library and Community Center (1 Library Road). 14  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 5. ELECTION INSPECTORS FOR ANNUAL VILLAGE ELECTION 2022 BE IT RESOLVED that, Celianne Silverstein and Estelle Kersch are hereby appointed Inspectors of Election for the March 21, 2023 Village Election. BE IT FURTHER RESOLVED that Celianne Silverstein is hereby designated as Inspector of Election and Chairperson. BE IT FURTHER RESOLVED that Rhonda, Alomar, Georgina Gualdino, Stephanie Volkell, Elizabeth Mackey, Joyce Perlmutter, Shannon Reilly, and Audrey May are hereby appointed as Alternate Inspectors of Election. BE IT FURTHER RESOLVED that the compensation for each Inspector of Election other than the Inspector designated as Chairperson is hereby fixed at Three Hundred and Fifty ($350) dollars per day or prorated to $22 per hour worked if necessary. BE IT FURTHER RESOLVED that the compensation for the Inspector of Election that is designated as Chairperson shall be Three Hundred Seventy-Five ($375) dollars per day. 15  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 6. AUTHORIZE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH THE TOWN OF OSSINING AND BRIARCLIFF MANOR UNION FREE SCHOOL DISTRICT REGARDING A TAX ISSUE AT 1050 PLEASANTVILLE ROAD BE IT RESOLVED that the Village Manager is hereby directed and authorized to execute an agreement with the Town of Ossining and the Briarcliff Manor Union Free School District regarding a tax issue related to the purchase and tax exemption of 1050 Pleasantville Road as of May 21, 2022. 16  Agreement Agreement dated this ___ day of _____________, 20222023, memorializes the tax issues related to the purchase of 1050 Pleasantville Road, Briarcliff Manor, NY 10510. history inby the Village of Briarcliff Manor, a municipal corporation with offices at 1111 Pleasantville Road, Briarcliff Manor, New York 10510 (the “Village”), within the Town of Ossining, a municipal corporation with offices at 16 Croton Avenue, Ossining, New York 10562 (the “Town”), and the Briarcliff Manor Union Free School District, a municipal corporation with offices at 45 Ingham Road, Briarcliff Manor, New York 10510 (the “School District”). WHEREAS, the Village is an incorporated village located within the Town (with a small portion located within the Town of Mount Pleasant); and WHEREAS, in 2000, the Town became responsible for tax assessment and collection of all taxable properties in the portion of the Village within the town of Ossining (Village Code Chapter 9, Article I), as authorized by NY Real Property Tax Law § 1402; and WHEREAS, the Town preliminary assessment roll is filed on or before June 1 of each calendar year (Westchester County Tax Law § 283.121) and the final assessment roll is filed on or before September 15 of each calendar year (Westchester County Tax Law § 283.161), with the taxable status of the properties included on the roll determined as of May 1 of the same calendar year (Westchester County Tax Law § 283.141; Town Code § 180-33); and WHEREAS, the final assessment roll determines the real property taxes for the following calendar year (Westchester County Tax Law § 283.171); and WHEREAS, after the final assessment roll has been filed, there are only certain enumerated reasons why the roll can be corrected (Westchester County Tax Law § 283.381; NY Real Property Tax Law § 553); and WHEREAS, the Town Receiver of Taxes is responsible for the collection of School District taxes (Westchester County Tax Law § 283.241) and the Town is required to pay the School District the entire amount of School District taxes owed (Westchester County Tax Law §§ 283.291, 283.361); and WHEREAS, the Town’s statutory remedy for paying the School District taxes it has not received is to put a lien on the property for which School District taxes remain unpaid and either sell the lien or initiate a foreclosure proceeding to acquire the Property to sell at auction (NY Real Property Tax Law, Article 11); and WHEREAS, on or about May 31, 2022, the Village purchased the property at 1050 Pleasantville Road (the “Property”) in the Village, on which was previously located a bank building that was assessed as taxable property on the 2021 final assessment roll (which determines property taxes for 2022); and WHEREAS, the Property is located within the Town and the School District; and 17  WHEREAS, the Town’s assertion is that in the enumerated instances delineated by the State of New York (the “State) and Westchester County (the “County”) statutes for correcting the final assessment roll, there is no provision for a property that is listed as taxable on the final assessment roll being sold to a tax-exempt entity for a tax-exempt purpose (Westchester County Tax Law § 283.381; NY Real Property Tax Law § 553); and WHEREAS, the Town Receiver of Taxes distributed the School District tax bills in August 2022 for taxes due in two installments on September 30, 2022 and January 31, 2023 (Westchester County Tax Law § 283.311), including a tax bill to the Village for the Property totaling $59,413.22, with $29,706.61 due by September 30, 2022; and WHEREAS, the Village did not pay the School District tax bill on the Property on the assertion that, among other things, the Property became tax-exempt upon the Village’s acquisition in reliance upon NY Real Property Tax Law § 406, which provides that real property owned by a municipal corporation within its corporate limits held for a public use shall be exempt from taxation, and Town of Hempstead v. AJM Capital II, LLC, 183 A.D.3d 550 (2d Dep’t 2020), in which a private party purchased a tax lien on a parcel acquired by a town by eminent domain and the court found that even though the town purchased the property after the taxable status date the lien that existed prior to title vesting in the town was unenforceable; and WHEREAS, as the Village did not pay the tax bill, the obligation is on the Town to make the School District whole by April 2023 (Westchester County Tax Law § 283.361) and consider pursuing any statutory remedies available to it to recover those funds; and WHEREAS, while the Town does not dispute that the Property should be considered tax exempt so long as it is used for a public purpose (and, in fact, the Property was listed as tax-exempt on the Town’s 2022 final assessment roll), the issue is the timing of when that exemption applies as the Property was listed as taxable on the 2021 final assessment roll (which determines real property taxes for 2022) and it remains the Town’s position there is no statutory authority to alter the final assessment roll on this basis; and WHEREAS, the Village affirms that this Property had been used for a public purpose (public parking) no later than May 31, 2022 and was in fact used for such public purposes prior to closing (a concession the prior owner made given that they no longer occupied the Property); and WHEREAS, given the Parties’ belief that they may face conflicting statutes and case law on this issue and where the Parties desire to resolve this matter without spending taxpayer dollars on protracted litigation; and NOW, THEREFORE, in consideration of ten dollars ($10) and the mutual covenants and obligations hereinafter set forth, the Parties hereto agree as follows: 1. Neither the Village nor the Town will pay the School District the $59,413.22 provided in the 2022 School District tax bill for the Village’s Property, and no interest or penalties will be imposed. 18  2. The Town will complete a NY RP-554 form (Application for Corrected Tax Roll) and request that it be executed by the Westchester County Tax Commission removing the Property from the tax roll effective May 31, 2022; and upon said execution by the County, file it with any and all necessary municipal departments and agencies. 3. If the Property had been removed from the 2021 final assessment roll after it was acquired by the Village (the legality of which is not addressed in this agreement), the School District budget and warrant would have remained the same, but the additional cost from the Property being removed from the tax roll would have been distributed among the other taxpayers within the School District. Accordingly, the Parties desire to implement this process on the 2023 School District tax bills to make the School District whole. Therefore, when the tax bills are generated for properties in the School District for the 2023 taxes (due in September 2023 and January 2024), the amounts owed by the properties within the School District will be adjusted to include said $59,413.22 tax bill so that each taxable property owner within the School District pays their respective proportionate amount of the $59,413.22 based upon the then-current tax rates. 4. The Parties will execute any and all documents reasonably necessary to facilitate the terms of this Agreement. 5. In the event the County, the State, or any other municipal department or agency that may have jurisdiction over this matter other than the Parties hereto, rejects the RP-554 or the process set forth in this Agreement, or if any third-party challenges this Agreement or the process set forth herein and receives a final, non-appealable judicial determination invalidating this Agreement, this Agreement shall become null and void and the Parties shall have the right to pursue all of the rights and remedies available to them under law. Should such rejection or determination rendering this Agreement null and void occur, the statute of limitations to bring any claims available to any of the Parties under law or in equity shall be extended for 120 days of the Party receiving notice of such, and if a claim is brought within that 120-day period, the Parties shall waive and not raise in court any statute of limitations, notice of claim or laches defense. 6. None of the Parties hereto is making any acknowledgments or admissions as to any wrongdoing or any concessions as to its rights and obligations under the existing law, except as provided herein. 7. In the event this Agreement or any of the processes outlined herein are challenged by any non-party in court, the Village and Town shall share equally in the expense of defending such litigation and/or any settlement or resolution of said litigation agreed to by both the Village and Town. The School District shall not be responsible for any litigation costs and will be defended, indemnified, and held harmless by the Village and Town, jointly, so long as the claim(s) is not related to the negligence or willful misconduct of the School District separate and apart from its adherence to the terms contemplated in this Agreement. 19  8. This Agreement shall not establish a precedent with respect to any property that may be purchased in the future by any tax-exempt entity. The Parties are entitled to enforce their legal rights and required to abide by their legal obligations. 9. Any amendment or modification of this Agreement or additional obligation assumed by all Parties in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. 10. No Party may transfer its obligations under this Agreement without the prior written consent of the other Parties. 11. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as provided in this Agreement. 12. It is the intention of the Parties that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New York, without regard to the jurisdiction in which any action or special proceeding may be instituted. Any litigation to enforce this contract shall be brought in the State of New York, County of Westchester. 13. The waiver by any Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party(ies) will not be construed as a waiver of any subsequent breach of the same or other provisions. 14. Theis signatures hereto may be executed in counterparts and via facsimile or electronic signature, which shall be taken as original signatures. 15. The signatories to this Agreement hereby aver that the Party on behalf of which they are executing this Agreement has taken all necessary steps required by law to authorize the execution and performance of this Agreement and the signatory is hereby authorized to do so. SIGNATURES ON FOLLOWING PAGE 20  IN WITNESS WHEREOF the Parties have duly affixed their signatures below as of the date first written above. TOWN OF OSSINING _____________________ By: Elizabeth Feldman, Supervisor VILLAGE OF BRIARCLIFF MANOR _____________________ By: Joshua Ringel, Village Manger BRIARCLIFF MANOR UNION FREE SCHOOL DISTRICT _____________________ By: 21  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 7. RENAMING OF HORTICULTURAL ADVISORY COMMITTEE AND ENVIRONMENTAL SUSTAINABILITY ADVISORY COMMITTEE WHEREAS on June 7, 2022 the Board of Trustees created the Environmental Sustainability Advisory Committee and the Horticultural Advisory Committee; and WHEREAS the Board of Trustees has decided alternate names are better suited to the committee’s respective mission statements; and NOW, THEREFORE BE IT RESOLVED that the Horticultural Advisory Committee is hereby renamed the Environmental Advisory Council and the Environmental Sustainability Advisory Committee is hereby renamed the Sustainability Advisory Committee effective immediately. 22  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 8. SCHEDULE A PUBLIC HEARING TO AMEND CHAPTER 202, TREES BE IT RESOLVED that a Public Hearing is hereby scheduled for the February 21, 2023 Board of Trustees meeting at 7:30pm at the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, New York to hear and discuss a proposed local law to amend Chapter 202, Trees. 23 Chapter 202-7 Tree Preservation Board FOR BOT DISCUSSION ONLY 1-19-2023 Chapter 202. Trees § 202-7. Tree Preservation Board. A. Composition. The Tree Preservation Board shall consist of three persons: the Village Manager, a member of the Conservation Advisory Council and a member of the Planning Board. The Tree Preservation Board shall consist of the members of the Environmental Advisory Council (EAC) and shall be chaired by the chairperson of such Council. If any vacancies exist on the EAC, or if any member is unavailable due to absence or recusal, the Board of Trustees may appoint additional members to the Tree Preservation Board to fill such openings. If a matter is before the Tree Preservation Board for review, as required under § 202-4C, at least three members must be available for such review. B. Powers and duties. (1) The Tree Preservation Board shall review tree removal applications and shall affirm, modify or reverse permit decisions made by the Building Inspector within 10 days of the request by the applicant, and in accordance with § 202-4C. Such time may be increased to 30 days in the event of vacancies on the Tree Preservation Board that must be filled by the Board of Trustees. (2) The Tree Preservation Board shall act in an advisory capacity to the Building Inspector and the Planning Board for any regulated activity under § 202-3 Regulated Activites. (3) The Tree Preservation Board shall act in an advisory capacity to the Planning Board for any application made in connection with an application for the Village Board of Trustees for any application made in connection with a special permit application, and at any other time when requested by the Chairperson of the Planning Board or a majority of its members. The Tree Preservation Board shall give notice to the applicant of the meeting at which the permit will be considered, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the application. Such applicant shall be entitled to attend the meeting before the Tree Preservation Board and shall have the opportunity to be heard. (42) The Tree Preservation Board shall assist the properly constituted officials of the Village as well as the citizens of the Village, in the dissemination of news and information regarding the protection, maintenance, removal and planting of trees on public or private property, and to make such recommendations from time to time to the Village Board as to desirable legislation concerning the tree program and activities for the Village. 24  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 9. AWARD OF BID – HVAC MAINTENANCE SERVICES WHEREAS the Village received 3 bids for HVAC Maintenance Services (VM- 2223-7); and NOW, THEREFORE, BE IT RESOLVED that the bid for HVAC Maintenance Services (VM-2223-7); is hereby awarded to the lowest responsible bidder, Clean Air Quality Services, Inc. with their annual maintenance bid in the amount of $26,978.00 and their Item Quantity Service proposal as follows: Business Hours: $140 per hour After Hours: $193 per hour Parts/Specialty Equipment Mark-up: 20% BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a one-year contract with Clean Air Quality Services, Inc. for said project with the ability to renew for four consecutive years. 25  1111 PLEASANTVILLE ROAD VILLAGE OF BRIARCLIFF MANOR, N.Y. 10510 BRIARCLIFF MANOR TELEPHONE: (914) 944-2770 www.briarcliffmanor.gov FAX: (914) 941-4837 Recommendation of Award VM 2223-7 HVAC HEATING, VENTILATION, AIR CONDITIONING MAINTENANCE SERVICES CLEAN AIR QUALITY SERVICES, INC February 2, 2023 To: Joshua Ringel – Village Manager From: David J. Turiano, P.E. Re: VM 2223-7 HVAC Heating, Ventilation, Air Conditioning Maintenance Services Bid Opening: February 1, 2023, 11:00am, Municipal Building & Zoom Project Description: Annual HVAC Maintenance Contract Staff Present: David J. Turiano, P.E. and Jeffrey M. Gaspar, P.E. Bids Received: 3 Bid Range: $26,978.00 - $41,800.00 FYE ‘24 Base Work Type of Contract: Lump sum for base service work, One-Year contract, renewable for 4 consecutive years. Additional work is billable hourly. Reference Checks: 3, attached Recommendation to Award to Low Bidder: Yes, see below discussion. Summary of Bids: NAME OF CONTRACTOR TOTAL BID – FYE 2024 Base Work: Total Year One: $ 26,978.00 CLEAN AIR QUALITY SERVICES, INC Additional Work: 161 Brady Ave, Hawthone, NY 10532 Business Hours: $140.00 After Hours: $193.00 Parks Markup: 20% Base Work: Total Year One: $ 28,200.00 SOUTHEAST MECHANICAL CORP. Additional Work: 568 N State Main Street, Brewster, NY 10509 Business Hours: $130.00 After Hours: $190.00 Parks Markup: 25% Base Work: Total Year One: $ 41,800.00 THERMODYNAMICS CORP. Additional Work: 8 John Walsh Blvd Suite 401, Peekskill, NY 10566 Business Hours: $150.00 After Hours: $225.00 Parks Markup: 25% 26  Recommendation Pursuant to the requirements of General Municipal Law paragraph 103 and 104-b, my office hereby recommends that contract number VM 2223-7 HVAC Heating, Ventilation, Air Conditioning Maintenance Services to Clean Air Quality Services, Inc in the amount of $26,978.00 as they are the lowest responsible bidder. This recommendation is based on the contractors performing base work that includes regular maintenance. Such regular maintenance is based on quarterly, semiannually or annually depending on the equipment and the facility. Additional work includes non-service work ordered by the Village, emergency services or other such non-scheduled work. Please feel free to contact me with any questions on the above. David J. Turiano, P.E. 27 28 29 30  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 7, 2023 10. APPOINTMENT OF POLICE OFFICER BE IT RESOLVED that John Conklin of Briarcliff Manor, New York is hereby appointed, effective February 13, 2023, to the position of Police Officer Grade 2 to be paid at an annual salary of $114,500.60 as per the Village of Briarcliff Manor PBA Collective Bargaining Agreement salary scale effective June 1, 2022. BE IT FURTHER RESOLVED that the Village Manager will undertake the necessary administrative steps to get Office Conklin appointed. 31  Village Board of Trustees Regular Meeting January 17, 2023 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 17th of January, 2023 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Rhea Mallett, Trustee via Zoom Edward E. Midgley, Trustee Also Present Josh Ringel, Village Manager Christine Dennett, Village Clerk Josh Subin, Village Attorney David Turiano, Village Engineer Pledge of Allegiance Special Use Permit Application for Yeshivath Viznitz , 235 Elm Road Mr. Dan Patrick, Attorney for the Applicant, stated they were last before the Board on November 15, 2022 and they would be going before the Zoning Board of Appeals again on February 6, 2023. He stated there were other options that the Board of Trustees could grant to address the frontage issue. Village Attorney Subin stated the Board would have to renotice if they did a Zoning Text Amendment. He stated there were currently no actions before the Board of Trustees. Village Special Counsel Barshov stated any new hearing would require a new notice. Mr. Al Pirro, Attorney for the Applicant, asked if the Zoning Board granted the interpretation or variance would it reinstate the hearing. Mr. Barshov stated the application would be reinstated but a new notice would need to be issued. 32  Mr. Jay Behzadi of 115 Holly Place stated it took him a year and a half to get approval for a pool and asked why the Applicant was not answering the questions asked of them. Mr. William Wetzel of 2 Central Drive stated there had been inadequate discussion on students and special needs and submitted a copy of an article from the New York Times from December 29, 2022. He asked for the Board to give a conclusion of what was seen at the site visit. Trustee Mallett reminded the public that the Zoning Board of Appeals also took public comment. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the hearing to February 21, 2023. Public Hearing Special Use Permit Request - 345 Scarborough Road, Briarcliff Solar, LLC Mr. William Null, Attorney for the Applicant, explained the proposal. Mr. David Magid, Applicant, explained the business model. Mr. Jim Taravella, Engineer for the Applicant, reviewed the potential slope disturbance and provided details on the panels. The Board had general discussion regarding site access, site security and the PILOT proposal. Mr. Null stated they would be submitting further information. The Board had general discussion regarding fence height and type screening and noise. Mr. Sal Maglietta of 27 Schrade Road stating hold a hearing was premature. He stated the applicant hadn’t managed any other facilities and if would be a significant change to the Village and the environment. He stated several solar farms were for sale in NYS and asked what would happen if this company went under. He stated the application did not benefit the community. Mr. Roger Battacharia of 16 Holbrook Road stated he had a clear view of the site in the winter and asked what type of sound and radiation the panels would emit. He asked for sufficient screening and a berm. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the hearing to February 21, 2023. 33  Public Hearing Special Use Permit Amendment Request – 620 Sleepy Hollow Road -Sapphire HC Realty, LLC - Briarcliff Manor Center for Rehab and Nursing Mr. Pablo Ross, Engineer for the Applicant, explained the proposed project and stated the generator was more than compliant with the noise ordinance at 62 decibels from 140 feet away. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the public hearing to February 7, 2023 and directed counsel to prepare a SEQR determination and draft a resolution for the next meeting. Board of Trustees Announcements • The Fire Department offered Coyote and wood burning stove safety tips. • Recreation is receiving training to go live with the new online registration program. • New Neighbor Network’s next event is February 4th. • Ice Skating is still closed. • Congratulations to the People’s Caucus Nominees. Meet the Candidates will be held next week. Village Manager’s Report • The Assessor in Ossining is working with Tyler Technologies and is conducting site visits. Village Engineer’s Report • BFJ will review the DEIS for the Meadows at Briarcliff Project and will request the Mount Pleasant Board grant an extension on behalf of the Village. • The bike trail grant project will be rebid. • The bids are before the Board for 1050 Pleasantville Road for approval. Committee Reports • No reports. Public Comments Mrs. Jennifer Sendek of Hirst Road thanked the Board for their attention to the application at 715 Sleepy Hollow Road before Mount Pleasant and stated the project could be very detrimental to the environment. Ms. Ally Friel of 738 Sleepy Hollow Road stated she was very worried about the potential development at 715 Sleepy Hollow Road and it was adjacent to parkland. She urged the Board to request more time to review the DEIS. 34  Ms. Nancy Rogers of Sleepy Hollow Road thanked the Board for taking the time to review the application at 715 Sleepy Hollow Road. She stated it could potentially be quite visually jarring and traffic could increase exponentially. Reappointment of a Library Board Member Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 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. Authorize the Village Manager to Execute a Professional Services Agreement with PKF, O’Connor Davies 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 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. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Award of Bid – 1050 Pleasantville Road - Building Demolition and Disposal Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: 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. 35  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. Award of Bid – 1050 Pleasantville Road - Parking Lot Improvements Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: 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. 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 Mr. Paul DuMont, Engineer for the Applicant, gave a brief overview of the proposed changes. The Board had general discussion and asked if there would be additional signage. Mr. Mac Taylor, Applicant, stated it would remain the same and the retail portion of their business was only 5% of their overall sales. 36  Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, 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 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 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 37  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 7, 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 Schedule a Public Hearing to Renew a Special Use Permit – American Anglican Church Diocese of the Holy Innocents – 680 Albany Post Road Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: 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). DASNY Grant Funding Commitment – Club Trail and Pump Station Decommissioning Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: Whereas, the Village endeavors to improve its recreational trail offerings, and 38  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 Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Acceptance of Resignation of Recreation Advisory Committee Member Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: 39  BE IT RESOLVED that the Board of Trustees hereby accepts the resignation of Marc Milano from the Recreation Advisory Committee. The Board thanked Mr. Milano for his service and all he does for the Village. Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the minutes of December 20, 2022 as amended. Adjournment Upon motion by Trustee Midgley, seconded by Trustee Hunt, the Board voted unanimously to adjourn the regular meeting at 10:34pm. Respectfully Submitted By, Christine Dennett Village Clerk 40