Mayor & Board of Trustees

AGENDA TUESDAY AUGUST 15, 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/Calendar.aspx?EID=683 Pledge of Allegiance Board of Trustees Announcements Village Manager’s Report Village Engineer’s Report Committee Reports Public Comments 1. Acceptance of Resignation of Trustee Midgley 2. Tax Certiorari – 345 Scarborough Road 3. Budget Amendment – Unclaimed Bail Money 4. Schedule Public Hearings: a) Amend Chapter 186, Streets and Sidewalks, Article V b) Amend Chapter 220-17, Board of Appeals c) Reschedule a Public Hearing to Amend Chapter 207-6, Vehicles and Traffic, Maximum Speed Limit (School Zone) 5. Budget Transfers – Operating Year End 22/23 6. Award of Bid a) Emergency Lighting – Furnish, Install and Repair b) Annual Paving Project c) Cross Access Improvements (Electrical) Project 7. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, SEPTEMBER 5, 2023  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 1. ACCEPTANCE OF RESIGNATION OF TRUSTEE MIDGLEY BE IT RESOLVED that the Board of Trustees hereby accepts the resignation of Edward E. Midgley as Village Trustee effective August 7, 2023. 2 3  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 2. TAX CERTIORARI – RIDGEWOOD BRIARCLIFF OWNER LLC – 345 SCARBOROUGH ROAD WHEREAS, Ridgewood Briarcliff Owner LLC, 345 Scarborough Road (Parcel ID 97.16-1-1) instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and WHEREAS, the tax certiorari filings were for Town of Ossining assessment years 2019-2021; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal years 2020-2021, 2021-2022 and 2022-2023; and WHEREAS, a Consent Judgment of the Supreme Court of the State of New York, County of Westchester, was entered on June 23, 2023; NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the total refund of $48,947.77 for Fiscal Years 2020-2021, 2021-2022 and 2022-2023 should be charged to A1964.423 based upon assessment values reduced in accordance with the Consent Judgment. 4  Kathryn Nivins 1111 Pleasantville Road Village Treasurer Briarcliff Manor, NY 10510 Telephone: (914) 944-2787 knivins@briarcliffmanor.gov Facsimile: (914) 941-4837 www.briarcliffmanor.gov July 26, 2023 Tax Assessment Reduction Property: 345 Scarborough Rd Parcel #’s: 97.16-1-1 Affected Assessment Years: 2019, 2020, 2021 Affected Tax Years: 2020, 2021 and 2022 Village Manager and BOT: We have received a consent judgement to for the above properties. Parcel ID 97.16-1-1 was reduced as follows: Assessment Year: 2019 Tax Year: 2020 Original Assessment: $ 11,330,300 Revised Assessment: $ 7,500,000 Assessment Reduction: $ 3,830,300 Calculated Tax Refund: $21,078.65 Assessment Year: 2020 Tax Year: 2021 Original Assessment: $ 10,112,600 Revised Assessment: $ 7,000,000 Assessment Reduction: $ 3,112,600 Calculated Tax Refund: $ 17,914.42 Assessment Year: 2021 Tax Year: 2022 Original Assessment: $ 8,643,500 Revised Assessment: $ 7,000,000 Assessment Reduction: $ 1,643,500 Calculated Tax Refund: $ 9,954.70 This is our first tax refund of the 2023/24 fiscal year. Our starting balance is $100,000, the total refund calculated for this property is $48,947.77, which will leave a remaining balance of $51,052.23. If you have any questions regarding the calculations or would like to be provided with additional details please let me know. Thank you, Kathryn Nivins Village Treasurer 5 6 7 8 9  Owner On Bill Parcel Assessed Prior Reduction New Reduction New Tax Village Change Refund Bill # Address Parcel Value Tax Bill Tax Billl Assessed Amount TOS Tax Rate In Tax Prior Year Ridgewood Briarcliff Owner LLC 20200497 345 Scarborough Rd 97.16-1-1 $ 11,330,300 $ 62,352.13 $ 21,078.65 $ 7,500,000 $ 3,830,300 $ 41,273.48 $ 5.503131 $ 21,078.65 $ 21,078.65 Ridgewood Briarcliff Owner LLC 20213031 345 Scarborough Rd 97.16-1-1 $ 10,112,600 $ 58,202.52 $ 17,914.42 $ 7,000,000 $ 3,112,600 $ 40,288.10 $ 5.755443 $ 17,914.42 $ 17,914.42 Ridgewood Briarcliff Owner LLC 20220497 345 Scarborough Rd 97.16-1-1 $ 8,643,500 $ 52,353.41 $ 9,954.70 $ 7,000,000 $ 1,643,500 $ 42,398.71 $ 6.056959 $ 9,954.70 $ 9,954.70 Totals $ 48,947.77 $ 48,947.77 23/24 GL A1964.423 $ 100,000.00 Budget Prior 23/24 Refunds $ - Current 23/24 GL Balance $ 100,000.00 This refund $ (48,947.77) Revised 23/24 $ 51,052.23 GL Balance 10  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 3. BUDGET AMENDMENT – UNCLAIMED BAIL MONEY BE IT RESOLVED that the budget for Fiscal Year 2022-2023 is hereby amended as follows: Increase Revenue (A0101.2770) by $500.00 11 TO: Joshua Ringel and Board of Trustees FROM: Rori Zirman, Court Clerk RE: Outstanding Bail DATE: July 12, 2023 After a full examination of the bail records maintained by the Village ofBriarcliff Manor Justice Court it has been determined that the bail amounts outstanding in excess of six years total $500.00. Attached is check number 3327 made payable to the Village of Briarcliff Manor for $500.00 ec: Hon. Howard T. Code, Village Justice Hon. Stuart A. Halper, Associate Village Justice 12  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 4a. SCHEDULE A PUBLIC HEARING TO AMEND CHAPTER 186, STREETS AND SIDEWALKS, ARTICLE V BE IT RESOLVED that a Public Hearing is hereby scheduled for the September 5, 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 186, Streets and Sidewalks, Article V. 13 Chapter 186. Streets and Sidewalks Article V FOR BOT DISCUSSION 7-27-2023 Chapter 186. Streets and Sidewalks Article I. Street Openings § 186-1. Permit required. No person, firm, company or corporation shall make or cause to be made any opening or excavation by cutting, digging, tunneling or otherwise in or under any street, highway, sidewalk, right-of-way, or public place, whether paved or otherwise, within the Village of Briarcliff Manor, for any purpose whatsoever, except upon compliance with the provisions of this article and the obtaining of a permit to be issued by the Village and the payment of all fees and deposits required as provided herein. 14 Chapter 186. Streets and Sidewalks Article V FOR BOT DISCUSSION 7-27-2023 Chapter 186. Streets and Sidewalks Article V. Installation, Maintenance and Repair of Sidewalks § 186-41. Findings. A pedestrian-friendly environment benefits all residents throughout the Village. The maintenance of existing sidewalks and any newly constructed sidewalks within the Village of Briarcliff Manor in a state of good repair is deemed necessary for the safe passage of pedestrians of the Village of Briarcliff Manor. To further enhance pedestrian accessibility and mobility on existing thoroughfares, local streets, collector streets and other traveled ways, the Village seeks continuity of sidewalks along designated pedestrian routes, and replacement and upkeep of any existing inferior sidewalk infrastructure. § 186-42. Definitions. For the purpose of this article, the following terms shall have the meanings indicated: APPROVAL AUTHORITY The approval authority shall be the Planning Board in the instance of any subdivision or site development plan, and the Village Engineer or Superintendent of Highways in all other instances. CURBLINE An area marked by the point at which the curbstone of a roadway meets or is adjacent to the sidewalk. IMPROVED STREET MARGIN The edge of the traveled street, whether such street is improved by pavement, gravel or some other form of all-weather material. RIGHT-OF-WAY (ROW) Generally, the space owned by the Village lying between the improved street margin and the front property line. In the case of a building lot on a local residential road with a twenty-four-foot-wide travel way, this space would typically include a distance of 13 feet from each curbline into the lot, but may include specific lands under an agreement or definition of law. SIDEWALK Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public. STREET A thoroughfare which has been placed and designated on the Official Map as a street, and which provides the principal means of access to the abutting property. § 186-43. Maintenance requirements. A. It shall be the duty of every owner of a parcel of land within the Village of Briarcliff Manor that has an existing sidewalk between that parcel and the improved street margin, or of any parcel on which a sidewalk may be constructed at any time in the future between the parcel and the improved street margin, to maintain that sidewalk in a good, level condition and to repair any broken sections or any unevenness and to maintain that sidewalk to afford safe passage under normal use and weather 15 Chapter 186. Streets and Sidewalks Article V FOR BOT DISCUSSION 7-27-2023 conditions. This duty shall apply to the parcel owner irrespective of whether the sidewalk is located on the parcel boundary line or inside the street right-of-way. B. It shall be the duty of every owner of a parcel of land within the Village of Briarcliff Manor to maintain that portion of the area located between the parcel boundary and the improved street margin that is not improved by a sidewalk with planted grass kept mowed at a height not greater than four inches. C. Any holes or other hazards that may exist in existing sidewalks or future sidewalks shall be filled, and any necessary repairs or replacement shall be performed promptly, weather conditions permitting. D. All sidewalks are to be kept free of vehicles, trash, recycling, waste, toys, personal property, signs, obstructions, and any other item that may interfere with, or impede, the safe passage of pedestrians. § 186-44. Installation requirements. Property owners, as applicable below, may be required to install new sidewalks and curbing, or to replace existing sidewalks and curbing, according to Village specifications, at the property owner's sole cost and expense, and at the sole discretion of the approval authority. The determination of the approval authority shall consider the location, use, design, and other attributes of the proposed project, the proximity to bus stops or routes of transportation, the health, safety and welfare of Village residents and passersby, and any other relevant factors. The approval authority's determination hereunder shall include: A. Any development subject to § 220-14, Approval of site development plans, Chapter 190, Subdivision of Land, or any other Village approval other than single-family dwellings; B. The construction of a new single-family dwelling, where there is an existing sidewalk in the street fronting, adjacent to, or opposite the frontage of the lot of the proposed single-family dwelling; C. The alteration of, or addition to, an existing single-family dwelling that affects or increases 50% of the gross floor area of the existing building, as defined in Chapter 220, Zoning, where there is an existing sidewalk in the street fronting, adjacent to, or opposite the frontage of the lot of the proposed single- family dwelling. § 186-45. Sidewalk standards. A. All new sidewalks and curbing shall meet the design and material standards and requirements of the Village of Briarcliff Manor, as may be amended from time to time, and the Americans with Disabilities Act Accessibility Guidelines and any other relevant state and federal requirements. B. All work done pursuant to this section shall be subject to inspection and approval by the Building Department. § 186-46. Driveways. 16 Chapter 186. Streets and Sidewalks Article V FOR BOT DISCUSSION 7-27-2023 Any driveway area crossing an existing or future sidewalk shall meet the design and material standards of the Village of Briarcliff Manor, and shall blend smoothly with the sidewalk of the abutting or adjacent parcel. § 186-47. Penalties for offenses; liabilities for injury or damages.§ 186-47. Application and approval procedure. A. No permit shall be required under this article for any minor maintenance or repair that can be completed without diverting pedestrian traffic or otherwise creating unsafe or hazardous passage within the public right of way. B. Application for a permit under this article shall be made to the Superintendent of Public Works in writing, on a form acceptable to the Village, and shall contain the following information: (1) The full name, address, phone number, and email address of the applicant. (2) The tax lot of the property, and the full name, address, phone number, and email address of the owner or owners of the property on which the operation is to be performed. (3) A description of the proposed scope of operation, including the location and duration of any sidewalk closures or anticipated disruptions to pedestrian traffic. (4) The anticipated start date and completion date of the proposed operation. (5) If requested by the Superintendent of Public Works, a sketch of the proposed operation with dimensions. (6) Any additional information which may be reasonably required by the Superintendent of Public Works. (7) A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted, in full and strict compliance and in accordance with the conditions of the permit, if issued, and any and all applicable laws, provisions, statutes, and regulations of the Village of Briarcliff Manor, the Department of Public Works, and all relevant state and federal agencies. C. (1) Any permit hereunder shall be issued at the discretion of the Superintendent of Public Works. The granting of such permit shall not be unreasonably withheld. (2) Such permit, when issued, shall be effective for a period of time not to exceed thirty (30) consecutive calendar days, or, if issued with a building permit for a single-family residential home, for a period not to exceed one year. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period 17 Chapter 186. Streets and Sidewalks Article V FOR BOT DISCUSSION 7-27-2023 or periods of time authorized by said Superintendent of Public Works, or by a resolution of the Village Board of Trustees. Any extension to the expiration date of a permit shall require payment of an additional permit fee. § 186-48. Fees and deposits. No permit under this article shall be issued by the Superintendent of Public Works until the applicant has first paid all required fees due hereunder, as determined by a resolution of the Village Board of Trustees and as published in the Master Fee Schedule, as may be updated from time to time. § 186-49. Penalties for offenses; liabilities for injury or damages. A. Any violation of this article shall be punishable by a fine not to exceed the sum of $500 or by imprisonment for not more the 15 days, or both. B. In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of this article, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly or indirectly thereby, and shall be liable to the Village of Briarcliff Manor to the extent that the Village of Briarcliff Manor is required by law or by any court to respond in damages to any injured party. § 186-50. Work by Village employees; collection of costs. A. If an owner or occupant of such property fails to maintain sidewalks in accordance with the provisions herein, a Code Enforcement Officer shall serve a written notice of violation upon such owner or occupant by personal delivery, or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the property owner's last known address. B. If an owner or occupant fails, neglects, or refuses to comply with the notice of violation within 30 days of service of the notice of violation as set forth in Subsection A above, the Village is hereby authorized and empowered to perform, or have performed, the maintenance so required and pay the cost and expenses of such remediation on behalf of such owner or occupant. C. The costs and expenses of any such remediation advanced by the Village under this article, including all penalties, shall be charged against the owner of the property. An itemized memorandum of the costs and expenses incurred by the Village shall be mailed to the persons charged with the violation by certified mail, return receipt requested. The owner or occupant shall pay to the Village all costs and expenses incurred by the Village in curing such violation and all penalties associated with the violation within 30 days of the receipt of the itemized memorandum of costs. D. In the event that the amount due to the Village by the owner or occupant is not paid within 30 days following the mailing of the costs and expenses, such costs and expenses shall become and remain 18 Chapter 186. Streets and Sidewalks Article V FOR BOT DISCUSSION 7-27-2023 a lien upon the property that was the subject of the violation and shall be added to and become part of the property taxes to be assessed and levied upon such property by the Village and shall bear interest at the same rate as and be collected and enforced in the same manner as unpaid taxes, until such time as such costs and expenses and interest are fully paid. 19  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 4b. SCHEDULE A PUBLIC HEARING TO AMEND CHAPTER 220-17, BOARD OF APPEALS BE IT RESOLVED that a Public Hearing is hereby scheduled for the September 5, 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 220-17, Board of Appeals. 20 Chapter 220-17 Board of Appeals FOR BOT DISCUSSION ONLY 7-27-2023 Chapter 220. Zoning § 220-17. Board of Appeals. [Amended 5-21-1998 by L.L. No. 2-1998] The Board of Appeals, as heretofore established pursuant to the Village Law, is hereby continued with all powers and duties prescribed by Village Law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any of the power of the Board of Appeals that is conferred by §§ 7-712, 7-712-a and 7-712-b of the Village Law. Said Board shall have the power to adopt, from time to time, such rules and procedure not inconsistent with law, as it may determine to be necessary to carry out the provisions of these regulations and to exercise the authority vested in it by the Village Law. A. Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line, if uncertainty remains after reference to the rules specified in § 220-3C, Boundaries. B. Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the chapter, the Board of Appeals shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, upon application by an appellant, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. (1) Use variances. Where because of unnecessary hardship relating to the land an applicant desires to utilize land for a use not allowed in the district in which the land is located, the Board may grant a variance in the application of the provisions of this chapter in the specific case, provided that as a condition to the grant of any such variance the applicant shall demonstrate to the Board, and the Board shall make each and every one of the following findings, that for each and every permitted use under the zoning regulations for the particular district where the property is located: (a) The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (b) The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (c) The requested use variance, if granted, will not alter the essential character of the neighborhood; {01340065.docx.} 21 Chapter 220-17 Board of Appeals FOR BOT DISCUSSION ONLY 7-27-2023 (d) The alleged unnecessary hardship has not been self-created; and (e) That within the intent and purposes of this chapter the variance, if granted, is the minimum variance necessary to afford relief and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. To this end, the Board may permit a lesser variance than that applied for. (2) Area variances. In making its determination, the Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider the following factors: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. (b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance. (c) Whether the requested area variance is substantial in relation to the requirement. (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance. (f) The Board, in the granting of an area variance, shall grant the minimum variance that it shall deem necessary and adequate to afford relief and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. To this end, the Board may permit a lesser variance than that applied for. (3) Variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations, or where a proposed special permit use contains one or more features which do not comply with the zoning regulations, or where a proposed subdivision plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances pursuant to Subsection B(2), without the necessity of a decision or determination of an {01340065.docx.} 22 Chapter 220-17 Board of Appeals FOR BOT DISCUSSION ONLY 7-27-2023 administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter. C. Conditions and safeguards. The Board of Appeals, in the granting of both use variances and area variances, may prescribe such reasonable conditions or restrictions applying to the grant of a variance as it may deem necessary in each specific case, in order to minimize the adverse effects of such variance upon the character and property values of the neighborhood or community and to protect the public health, safety and welfare. Such conditions or restrictions shall be directly related to the proposed use of the property. Such conditions or restrictions shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter, and may constitute the basis for denial or revocation of a building permit, certificate of conformance or certificate of occupancy and for all other applicable remedies. D. Appeal or application. An appeal shall be taken within 60 days of the order or decision appealed from, by filing with the official or agency from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the ground thereof. The official or agency from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken. A referral to the Board for a variance, or a request for an interpretation, may be made at any time. All such appeals and applications to the Board shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provision of the chapter involved, and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for, and the grounds on which it is claimed that the same should be granted. E. Review by other agencies. (1) (1) Upon receipt of a completed appeal or application, and at least 15 days before the date of any public hearing for review, the Secretary of the Board of Appeals shall promptly transmit to the Planning Board of Appeals a copy of the appeal or application and all papers related thereto with a notice of hearing. The Planning Board may, with respect to any such appeal or application, submit , a report containing its views and deliberations prior to or at the hearing.copy of which shall be sent to the Planning Board. The Board of Appeals may also forward copies for review and reportcomments to the Building Inspector, Village Engineer and to other such officials, boards, and agencies of the Village as it deems appropriate. (2) (2) The Board of Appeals shall refer to the Westchester County Planning Board for its recommendation all matters within the provisions of Article 12B, §§ 239-l and 239-m of the General Municipal Law at least 10 days prior to the public hearing. F. {01340065.docx.} 23 Chapter 220-17 Board of Appeals FOR BOT DISCUSSION ONLY 7-27-2023 (3) Any interested party may, with respect to any such application, submit comments for consideration prior to or at the public hearing. F. Public hearing. The Board of Appeals shall conduct a public hearing on every appeal, application or request made pursuant to this chapter. Such public hearing shall be held within a reasonable time from the date an appeal is taken or an application or request is made to the Board, but no earlier than fifteen (15) days from the date the completed application is received by the Board. The Board of Appeals shall meet monthly, quorum permitting. No requirement herein shall mandate that the Board of Appeals meet if no timely, completed application or request is pending before the Board for its consideration. G. Notice of hearing. Notice of any hearing before the Board of Appeals shall be published by the Village Clerk in the official paper at least five days prior to the date of said hearing. Notice of the hearing shall also be mailed by the Board to any parties having jurisdiction over such appeal, at least five days before such hearing, and shall give any other notice required by law. The applicant shall mail, by certified mail, at least 10 days before such hearing, notice of the hearing to all abutting property owners and to all owners of the property situated directly across a street from the property affected by such appeal, and any other property owners as the Village Clerk or Chairman of the Board of Appeals may determine. Proof of such mailing, in a form acceptable to the Village Clerk, shall be submitted to the Board by the applicant prior to the hearing. The applicant shall be responsible for the cost of publication and mailing of such notice. Such notice shall include a plain- language description of the proposed construction and the variance requested. Further, the applicant shall post a sign, which should be located so that it is visible from the nearest public street, on the property referenced in such application at least 10 days but not more than 20 days prior to the Board of Appeals scheduled hearing on the matter, and for a period of time determined by the Board of Appeals. Such signs shall be issued by the Building Department upon payment by the applicant of an amount to be set forth by resolution by the Village Board of Trustees. [Amended 10-10-2019 by L.L. No. 5-2019] H. Decision. The Board of Appeals shall decide upon the appeal for relief, interpretation or determination within 62 days after the close of said hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Board of Appeals shall be by resolution, shall be recorded and shall fully set forth the facts of the case, the findings and the conclusions on which the decision was based. The decision of the Board shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy of such resolution shall be mailed to the applicant. I. Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such hearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested by {01340065.docx.} 24 Chapter 220-17 Board of Appeals FOR BOT DISCUSSION ONLY 7-27-2023 persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby. J. Fees. Any person or corporation, other than the Village of Briarcliff Manor, making any application to the Board of Appeals under the provisions of this chapter shall pay to the Building Department the sum as set forth in the Schedule of Fees to cover the cost of advertising the notice of hearing, upon each application filed. K. Membership. [Added 5-21-2019 by L.L. No. 1-2019] (1) As used in this section, the following terms shall have the meanings indicated: ALTERNATE MEMBER An individual appointed by the Village Board of Trustees to serve on the Village of Briarcliff Manor Board of Appeals when a regular member has recused himself or herself or is otherwise precluded from consideration of a matter before such Board or is absent or otherwise unable to participate at a meeting of the Board. BOARD OF APPEALS The Board of Appeals of the Village of Briarcliff Manor. MEMBER An individual appointed by the Village Board of Trustees to serve on the Village of Briarcliff Manor Board of Appeals. (2) Attendance of members at meetings. If a member must miss a meeting, she or he shall provide written notification to the Chair in advance of such missed meeting or as soon thereafter as is reasonably practicable and such member shall be recorded as "excused" for the meeting missed. In the event that a member is absent for three meetings in any one official Village year or without excuse for two consecutive meetings, the Chair shall notify the Board of Trustees in writing and the member may be deemed by the Board of Trustees to have resigned from the Board, and a replacement may be appointed for the balance of the term outstanding. (3) Alternate member. (a) Purpose. The alternate Board of Appeals member subsection shall apply to appointment, terms, functions and powers of alternate members appointed to serve on the Board of Appeals of the Village of Briarcliff Manor. (b) {01340065.docx.} 25 Chapter 220-17 Board of Appeals FOR BOT DISCUSSION ONLY 7-27-2023 Declaration of policy. As a result of recusals by Board members or other reasons which may keep a member of the Board of Appeals from participating in the consideration of a specific matter before such Board, official business may not always be able to be conducted and may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this subsection. (c) Authorization. This subsection provides a process for appointing one alternate member to the Board of Appeals to serve when a member has recused himself or herself or is otherwise precluded from consideration of a matter or is absent or otherwise unable to participate at a meeting of the Board. [1] The alternate member shall be appointed by the Board of Trustees for a term of one year. [2] An alternate member shall have all of the rights, privileges, and responsibilities of a member of the Board of Appeals. When an alternate member is voting or counting toward the calculation or composition of a quorum, that circumstance shall be noted in the minutes of the Board meeting. [3] AII provisions of state law relating to Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of a local law relating to Board of Appeals members, shall also apply to alternate members. [4] An alternate member shall attend meetings of the Board of Appeals, including work sessions, regular meetings, and executive sessions, shall sit with and participate in all deliberations of the Board on all matters, and shall substitute for a member who has recused himself or herself or is otherwise precluded from consideration of a matter or is absent or otherwise unable to participate at a meeting of the Board, but an alternate member shall not vote or count towards the calculation or composition of a quorum unless he or she is substituting for a member. {01340065.docx.} 26  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 4c. RESCHEDULE A PUBLIC HEARING TO AMEND CHAPTER 207-6, VEHICLES AND TRAFFIC, MAXIMUM SPEED LIMITS (SCHOOL ZONE) BE IT RESOLVED that a Public Hearing is hereby rescheduled for the September 5, 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 207-6 Vehicles and Traffic, Maximum Speed Limits (School Zone). 27  A LOCAL LAW AMENDING CHAPTER 207 VEHICLE AND TRAFFIC SCHEDULE III: SCHOOL SPEED LIMITS IN THE CODE OF THE VILLAGE OF BRIARCLIFF MANOR Be it enacted by the Board of Trustees of the Village of Briarcliff Manor as follows: Section 1. Chapter 207 Vehicle and Traffic Schedule III School Speed Limits in the Code of the Village of Briarcliff Manor is hereby repealed in its entirety and replaced with the following: Schedule III: School Speed Limits. In accordance with § 207- 7, no person shall drive a vehicle in excess of the speeds indicated below, in the areas designated below, during school days between the hours of 7: 00 a. m. and 6:00 p.m.: Name of Street Speed Limit Location (mph) Ingham Road 15 In both directions from Pleasantville Road intersection to Todd School property line, 45 Ingham Road. Pleasantville Road 20 From three hundred feet east of Ingham Road intersection to three hundred feet west of Ingham Road intersection. Section 2. Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any part of this local law which can be given effect without such valid part or parts. Section 3. Effective Date. This local law shall take effect immediately upon filing in the Office of the Secretary of State of New York in accordance with the provisions of the Municipal Home Rule Law. 28  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 5. BUDGET TRANSFERS/ADJUSTMENTS BE IT RESOLVED that the Board of Trustees does hereby authorize the following year end budget transfers for FY 2022-2023: A. EXPENSE INCREASE BASED ON RECEIPT OF UNBUDGETED REVENUE (A) General Fund A. EXPENSE INCREASE BASED ON RECEIPT OF UNBUDGETED REVENUE cont. 29 (F) Water Fund (L) Library Fund B. CONTINGENCY TRANSFERS – (A) General Fund 30 B. CONTINGENCY TRANSFERS – (A) General Fund cont. 31 B. CONTINGENCY TRANSFERS – (A) General Fund cont. 32 B. CONTINGENCY TRANSFERS – (F) Water Fund 33 34 B. CONTINGENCY TRANSFERS (L) Library Fund 35 C. OPERATING SAVINGS TRANSFERS-(A) General Fund 36 C. OPERATING SAVINGS TRANSFERS-(A) General Fund cont. 37 C. OPERATING SAVINGS TRANSFERS-(A) General Fund cont. 38 C. OPERATING SAVINGS TRANSFERS-(A) General Fund cont. C. OPERATING SAVINGS TRANSFERS-(A) General Fund cont. 39 C. OPERATING SAVINGS TRANSFERS-(F) Water Fund 40 C. OPERATING SAVINGS TRANSFERS-(V) Debt Service 41 42  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 6a. AWARD OF BID – EMERGENCY LIGHTING – FURNISH, INSTALL AND REPAIR WHEREAS the Village received 3 quotes for the Emergency Lighting – Furnish, Install and Repair Project (2324-RFP-1); and NOW, THEREFORE, BE IT RESOLVED that the Emergency Lighting – Furnish, Install and Repair Project (2324-RFP-1) is hereby awarded to RFC Emergency Lighting LLC as follows: EQUIPMENT BID Description: Percent Discount from RFC Line No Manufactures Current Published List and/or % Discount EMERGNECY Current Year Catalog Price for: LIGHTING 1 Whelen Products and Parts 44.00% 2 Havis Products and Parts 32.00% 3 Setina Products and Parts 18.00% 4 ProGard Products and Parts 28.00% 5 1st in Emergency Products Products and Parts 12.50% 6 Federal Signal Corp. Products and Parts N/A 7 RamMount Products and Parts 10.00% 8 Streamlight Products and Parts 35.50% 9 CargoRaxx Products and Parts 12.50% 10 Kussmaul Products and Parts 16.00% 11 Soundoff Signal Products and Parts 54.10% 12 Troy Products Products and Parts 38.10% 13 WeatherTech Products and Parts 20.10% INSTALLATION AND REPAIR RFC Line Unit Description Unit EMERGNECY No Price LIGHTING 1 Labor for all repair Services (M-F 8A-5p) Hours $ 85.00 2 Labor for repair services outside line 1 hours Hours $ 85.00 3 Labor for Installation services Hours $ 85.00 4 Labor for all other services Hours $ 85.00 BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with RFC Emergency Lighting, LLC for said project. 43 VILLAGE OF BRIARCLIFF MANOR WWW.BRIARCLIFFMANOR.GOV 1111 PLEASANTVILLE ROAD TELEPHONE: (914) 941-4800 BRIARCLIFF MANOR, N.Y. 10510 FAX: (914) 941-4837 MEMORANDUM TO: Board of Trustees FROM: Josh Ringel, Village Manager CC: Fire Chiefs DATE: August 11, 2023 RE: Award of Emergency Lighting Furnish & Install Bid Recommendation: Award of Bid to RFC Emergency Lighting, who provides the greatest percentage off on parts as a whole. With each new vehicle the Village purchases for Fire and Police, we have gone out for ‘one off’ bids/quotes for upfitting. While this has been successful, with each new vehicle, staff or volunteers must redo the same process, incurring costs associated with running and awarding each bid and putting people power that otherwise could have been focused on other tasks. Additionally after Department Heads discussed the matter with the Village Treasurer and myself, it was determined that the total cost of these upfitting’s likely puts us into bid requirement territory to remain in compliance with General Municipal Law. The Fire Department will be upfitting two vehicles this year and the Police Department will likely be upfitting at least one vehicle this year, the need to streamline the upfitting process was apparent. By awarding a 5 year contract for upfitting, it allows for the elimination of the cost associated with bidding every vehicle out each time it needs upfitting or repair to emergency lighting or warning systems, reducing the turn around time to get a new vehicle on the road and reducing the expense to the Village longer term. This contract is available to any Village department that may need the use of such upfitting services, and is not limited to use by PD or FD. DPW may use this contract, although DPW tends to upfit their own vehicles most of the time The contract locks in labor rates (with prevision for reasonable inflationary increase) and sets a minimum percentage off MSRP for major parts and components (the higher percentage, the greater the discount). To mitigate the risk to the Village should the awarded contractors workmanship be subpar, previsions have been added to allow for the termination of the contract on its anniversary, with notice. The bid packet was disseminated via BidNet and 3 vendors submitted completed packages for evaluation. All bidders met the baseline obligations set forth in the packet. After reviewing all the submissions, it is our recommendation that the contract is awarded exclusively to RFC Emergency Lighting. Their submission provides the best value to the Village. While their labor rate was the same as another submitter, the overall minimum discount on hardware (the vast majority of the cost of 44 upfitting) is higher reflecting a reduced cost to the Village. The Village has used RFC Emergency Lighting in the past and their reputation for attention to detail and craftsmanship is unparalleled in our experience. It should be noted that the bid did allow for vendors to “no bid” manufacturers. In the case of RFC, they chose to “no bid” one manufacturer, Federal Signal. While they chose not to bid this manufacturer, this does not pose a significant issue to the Village as no department is currently using this manufacturer. Since RFC is providing the best discount on Whelen products, the emergency equipment manufacturer currently used by both PD and FD, as well as Soundoff Signal products they are able to satisfy the current needs of the Village as well as provide options for the future should product line needs change. It should be noted that no bidder submitted pricing for all manufacturers. Please find included with this memo the bid tabulation sheet. The RFP packet was sent separately to board earlier this week under separate cover for reference. 45  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 6b. AWARD OF BID – ANNUAL PAVING PROJECT WHEREAS the Village received 6 bids for the Annual Paving Project (VM-2324- 4); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Annual Paving Project (VM-2324-4) is hereby awarded to Montesano Bros. Inc. per their item quantity of $112 per ton for a total bid of $426,100 and charged as follows: Budget Code Amount A5112.465 $ 509,706.83 H5110.201.24491 $ 153,000.00 TOTAL: $ 662,706.83 BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Montesano Bros. Inc. for said project. 46  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 2324-4 ANNUAL PAVING PROGRAM MONTESANO BROS. INC. August 10, 2023 To: Joshua Ringel – Village Manager From: Jeffrey Gaspar, P.E. Re: VM 2324-4 ANNUAL PAVING PROGRAM Bid Opening: August 9, 2023, 11:00am, Municipal Building & Zoom Project Description: Annual Paving Program Staff Present: Edward Torhan, Lauren Gualdino, Adam Ruiz and Joshua Ringel Bids Received: 6 Bid Range: $426,100.00-$468,150.00 Type of Contract: Item Quantity Reference Checks: Montesano Brothers Inc received glowing recommendations from all references. Recommendation to Award to Low Bidder: Yes, see below discussion. Summary of Bids: BID ASPHALT/ TACK NAME OF CONTRACTOR TOTAL BID BOND TON COAT/GAL Montesano 426,100.00 X $112.00 $11.70 Clove Excavation 441,420.00 X $116.60 $10.00 Laura Li 441,475.00 X $116.75 $9.50 Waters Construction 442,350.00 X $116.50 $11.30 ELQ Industries 447,920.00 X $120.10 $13.55 Westchester Hills 468,150.00 X $124.50 $7.50 Use of Funds / Source of Funds: Budget Code Amount A5112.465 $ 509,706.83 H5110.201.24491 $ 153,000.00 TOTAL: $ 662,706.83 47  Recommendation Pursuant to the requirements of General Municipal Law paragraph 103 and 104-b, my office hereby recommends that contract number VM 2324-4 Annual Paving Program be awarded to Montesano Bros. Inc. in the amount of $426,100.00 as they are the lowest responsible bidder. The Village anticipates paving approximately 3,700 tons of asphalt, which is 12,175 feet or 2.3 miles of roadway, a total area of 282,600 square feet and 20,000 feet of integrated curbing. Please feel free to contact me with any questions on the above. Jeffrey M. Gaspar, P.E. 48  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA AUGUST 15, 2023 6c. AWARD OF BID – CROSS ACCESS IMPROVEMENTS PROJECT (ELECTRICAL) WHEREAS the Village received 1 bid for the Cross-Access Improvements (VM- 2223-05E); and NOW, THEREFORE, BE IT RESOLVED that the bid for the Cross-Access Improvements (VM-2223-05E) is hereby awarded to PRM Electric Inc. per their bid of $28,888 and charged to H1440.201.23280. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with PRM Electric Inc. for said project.  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 2223-5 CROSS ACCESS IMPROVEMENTS PRM Electric Inc. August 11, 2023 To: Josh Ringel – Village Manager From: Jeffrey M. Gaspar, P.E. Re: VM 2223-5 Cross Access Improvements Bid Opening: April 20, 2023, 11:00am, Municipal Building/ZOOM Project Description: General and Electrical Cross Access Improvements in the Central Business District. Staff Present: Jeffrey M. Gaspar, P.E., David J. Turiano, P.E., Lauren Gualdino. Bids Received: 1 Bid Range: $28,888.00 Type of Contract: Item Quantity Reference Checks: None- Current Village Electrical Contractor Recommendation to Award to Low Bidder: Yes, see below discussion. Summary of Bids: NAME OF CONTRACTOR TOTAL BID BID BOND PRM Electrical $28,888.00 X Attached please find a bid tabulation spreadsheet. Use of Funds / Source of Funds: Budget Code Amount H1440.201.23280 $372,250.00 Recommendation Pursuant to the requirements of General Municipal Law paragraph 103 and 104-b, my office hereby recommends that the contract be awarded to Bradhurst Site Construction in the amount of $28,888.00 as they are the lowest responsible bidder. Please feel free to contact me with any questions on the above.  Village Board of Trustees Regular Meeting July 25, 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 25th of July, 2023 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Rhea Mallett, Trustee Edward E. Midgley, Trustee Also Present Josh Ringel, Village Manager Christine Dennett, Village Clerk Dan Pozin, Village Attorney Jeffrey Gaspar, Village Engineer Pledge of Allegiance Swearing in and Appointment of a Police Officer Chief Bueti stated Officer Farrell was coming to the Village with two years of experience but in those two years she had many accomplishments. He further stated she had a flawless background and came from a family of Police Officers. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Mackenzie Farrell of Ossining, New York is hereby appointed, effective July 26, 2023, to the position of Police Officer Grade 5 to be paid at an annual salary of $82,325.67 as per the Village of Briarcliff Manor PBA Collective Bargaining Agreement salary scale effective June 1, 2023. BE IT FURTHER RESOLVED that the Village Manager will undertake the necessary administrative steps to get Officer Farrell appointed. Mayor Vescio swore in Officer Farrell and the Board congratulated her and wished her many years of success with the Village. 1 49  Continued Public Hearing Special Use Permit Request – IPPsolar Integration LLC, Chilmark Shopping Center, 1856 Pleasantville Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn the public hearing to September 5, 2023. Continued Public Hearing Special Use Permit Request – 333 South Highland LLC, Skae Power Solutions, 333 South Highland Avenue Village Planning Consultant, Sarah Yackel explained the determination of the application not needing a variance and that the County acknowledged receipt for informational purposes only and noted it was reflected in the resolution. Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the public hearing. Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 333 South Highland Avenue, Briarcliff Manor, NY Resolution of Special Permit Approval WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) received an application and accompanying documentation dated March 24, 2023 submitted by Skae Power Solutions (333 SHA) (“the Applicant/Owner”) for Special Permit Approval for the existing 10.6-acre data center facility (the “Facility”), located at 333 South Highland Avenue, Briarcliff Manor, NY 10510 (Section 97.19-2-2, Block 2, Lot 2); and WHEREAS, the Applicant is seeking a Special Permit pursuant to Village Code Chapter 220-6.M. “Special uses in Complementary Use Transition CT Zoning Districts” for the existing data center Facility; and WHEREAS, when the Site Plan for the existing Facility was approved by the Planning Board (July 2009, amended, June 2010), it was a conforming use within the BT zoning district. Subsequent to this approval, the Project Site was rezoned to the CT-5 zoning district and the data center use, along with all other uses allowed in the CT-5 district, became a special permit use subject to review and approval by the Village Board of Trustees (“BOT”). Village Code Section 220-6I. states the following with respect to preexisting conforming uses: “Preexisting uses deemed to be conforming. Any lawful use existing at the time of an amendment of this chapter may be continued and shall be deemed to be a conforming use; but any modification, change or extension to any use newly permitted by an amendment to this chapter, or any increase or expansion of a 2 50  previously permitted use, shall be subject to the issuance of a special permit as provided in this chapter.” WHEREAS, the data center currently operates as a preexisting conforming use, the Facility does not have a special permit subject to the requirements of Section 220- 6M. Special Use in Complementary Use Transition CT Zoning Districts; and WHEREAS, the Applicant is seeking approval for the installation of four (4) diesel powered generators and the replacement of two existing chillers at the existing Facility; and WHEREAS, the request for review and approval of the generators and replacement chillers, constitutes a modification of the use and therefore, the Applicant applied for a special use permit for the data center use pursuant to Village Code Section 220-M.(2)(c) Data storage; and WHEREAS, the data center is an existing use and facility, the extent of the review of this new special permit for the data center has been limited to the addition of the four (4) generators, two (2) replacement chillers and any related site work with a total area of 0.15-acres of disturbance; and WHEREAS, in support of its Application, the Applicant submitted the following documents and plans: 1. The following plans prepared by James J. Hahn Engineering, P.C. for Skae Power Solutions, dated March 23, 2023, revised May 16, 2023: a. Sheet C1 – Property Plan; b. Sheet C2 – Existing Conditions and Demolition Plan; c. Sheet C3 – Site Plan; d. Sheet C4 – Notes & Details; e. Sheet C5 – Sound Level Plan; 2. The following plans prepared Day Stokosa Engineering, P.C. for Skae Power Solutions, dated March 23, 2023: a. Sheet SP-1 – Generator Dunnage Site Plan; b. Sheet S100 – Generator Dunnage Framing Plan; c. Sheet S101 – Generator Dunnage Framing & Foundation Plan; d. Sheet S102 – Generator Dunnage Framing & Foundation Details; e. Sheet S103 – Generator Catwalk Framing & Foundation Details; f. Sheet S500 – Generator Dunnage Framing & Foundation Details; g. Sheet S501 – Generator Dunnage Framing Details; 3 51  h. Sheet S502 – Generator Dunnage Access Stair Details; i. Sheet S503 – Helical Pile Details; j. Sheet S504 – Stair 108 Details; k. Sheet S505 – Exterior Stair Details; l. Sheet S506 – Exterior Stair Details; m. Sheet S507 – Exterior Stair Details; n. Sheet S508 – Miscellaneous Details; 3. The following plans prepared Corporate Design for Skae Power Solutions, dated March 23, 2023: a. Sheet A101 – Exterior Stair – Plan & Elevation; b. Sheet SKM-1 – Mechanical Elevation; 4. Sheet HE-2 – Proposed Con-Ed Sitework for (4) New 4000A Services, prepared by Healy Electric Contracting dated March 9, 2023; 5. Supplemental generator “Dimensions & Weights” information, provided via email on April 28, 2023; 6. Kohler Generator Specifications; and WHEREAS, in support of its Application, the Applicant also submitted a Short Environmental Assessment Form Part 1 (“Short EAF”), dated March 16, 2023 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 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 May 2, 2023, 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 May 3, 2023 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 Ossining; and WHEREAS, by resolution adopted May 2, 2023, 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 May 16, 2023; and WHEREAS, the Village Clerk gave notice of the Public Hearing and as directed by the Board of Trustees, also referred the Proposed Special Permit to neighbors within 500 feet of the Project Site; and 4 52  WHEREAS, the Board of Trustees held a duly advertised Public Hearing on issuance of the Proposed 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 June 20, 2023; and WHEREAS, the Village Clerk gave notice of the resumed Public Hearing; and WHEREAS, following the public hearing on June 20, 2023, the Board of Trustees held the public hearing open until July 25, 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 for informational purposes only; 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 letter to the Board of Trustees dated May 12, 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, letter from the Village Planning Board, 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 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 Data Storage Facility in its letter but also raised concerns regarding the potential for noise from the proposed generators; and WHEREAS, the Board is familiar with the 333 South Highland Avenue site which is currently improved with the existing Data Center; and 5 53  WHEREAS, the existing building is currently nonconforming with respect to the required 100-foot side yard setback; and WHEREAS, the existing building footprint is not being altered, so the degree of nonconformity is not increasing; and WHEREAS, issuance of the Special Permit will allow for installation of four (4) new electrical generators and two (2) replacement chillers to ensure continued use of the property and allow better regulation and land use control of the Project Site; and WHEREAS, the proposed generators and chillers are an accessory use/structure to the existing Facility; and 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 Skae Power Solutions’ application, the Board of Trustees has reviewed and relied on: 1. Special Permit Application letters prepared by James J. Hahn Engineering, P.C. dated March 24, 2023 and May 16, 2023, and accompanying Plans, Short Environmental Assessment Form, Part 1, noise study details, generator specifications, and other analyses provided pursuant to §220-6.D. 2. Letter from Village Planning Board on May 12, 2023. 3. Village Consultant Memoranda from BFJ Planning dated May 4, 2023; from DTS Provident dated May 3, 2023; from LaBella dated May 9, 2023; and from EDR dated May 8, 2023. 4. Special Permit EAF, Part 2 prepared by Village Planning Consultants. 5. Presentations and statements made at the Public Hearing(s). 6 54  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 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 four (4) generators and two (2) replacement chillers at the existing Sha Data Center at 333 South Highland Avenue. The Facility is a pre-existing nonconforming use within the CT-5 district and the proposed site modifications require the Facility to seek a Special Permit pursuant Village Code §220-M.(2)(c). Minimal external site modifications are proposed for the installation and operation of the Proposed Project on the Project Site. 2. The proposed generators will be sized to provide power to the Facility in the event of a loss of power and will be individually tested once per month for a 15- minute period (total of 1-hr for all four) on a weekday and/or Saturday between the hours of 8:00 AM and 7:00 PM in compliance with the Village Noise Ordinance. 3. Generator fuel storage tanks will be specified and maintained in compliance with all federal, state and local regulations. 4. The replacement chillers (2) will provide the required cooling capacity for the critical data hall equipment load of 1.5 MW. The two (2) proposed chillers are each sized for 500 tons and will replace the two existing 250-ton chillers. One 500-ton chiller is required for operation to maintain the required cooling redundancy. The anticipated operation will be two chillers, each operating at half capacity for optimal energy efficiency. 5. 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 7 55  appropriate and orderly development of the CT-5 zoning district in which the Facility is located. 6. The location, nature, and height of the generators and chillers and the nature and extent of the landscaping and screening existing on the site are such that the Facility does not hinder or discourage the appropriate development and use of adjacent land and buildings. 7. 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. 8. The character, intensity, size, and location of the Facility is generally in harmony with the orderly development of the CT-5 zoning district in which the Project Site is located and will not be detrimental to the orderly development of adjacent districts. 9. 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. 10. The noise analysis for the Project demonstrated compliance with the Village Noise Ordinance at all property lines. 11. 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. 12. The Facility and its existing operations and improvements on the site under the Proposed Site Plan is and will be harmonious with the CT-5 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. 13. The applicable conditions and standards for Special Permit Use set forth in Village Code §220–6M.(2)(c) 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 Special Permit, the Data Storage special permit is conditioned and contingent on the Village Planning Board approval of the Proposed Site Plan in the form set forth in Sheet C3 “Site Plan” prepared by James J. Hahn Engineering PC, 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 8 56  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. Following installation of the proposed generators and replacement chillers, the Village, at the Applicant’s expense. will conduct on-site noise measurements with the generators and chillers running at the property line to ensure that the sound levels presented in Sheet C5 “Sound Level Plan” are accurate and in conformance with the Village Noise Ordinance. If the Village finds that the sound levels are in excess of Village requirements (65 dBA at the property line), the Applicant will work with the Village to develop additional noise mitigation measures. Implementation of additional measures may require an amendment to this special permit and amended site plan approval. 4. 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 Data Storage Special Permit, the Proposed Site Plan Amendment, and any matter incidental to any of the same shall be paid the before the Data Storage Special Permit takes effect. RESOLVED, the Board of Trustees grants the Special Permit to Skae Power Solutions 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 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 Data Storage Special Permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the foregoing Resolution is hereby adopted. Continued Public Hearing to Amend Chapter 207-6, Vehicles and Traffic, Maximum Speed Limit (School Zone) Deputy Mayor Chatzky gave a brief explanation of the proposed changes. There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to adjourn the public hearing to August 1, 2023. Continued Public Hearing to Amend Chapter 195 of the Village Code to Increase the Income Limits for Real Property Tax Exemptions Available to Senior Citizens 9 57  Deputy Mayor Chatzky gave a brief explanation of the proposed local law. There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to close the public hearing. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed local law to amend Chapter 195 of the Village Code to Increase the Income Limits for Real Property Tax Exemptions Available to Senior Citizens is hereby adopted as amended. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements • The Fire Department is seeking volunteers to join the Department and their Junior Explorer program. • The pool is open and permits are on sale. Hours are posted on the website. • Camp concludes on July 28th. • Briarcliff Bash at Scarborough Park on August 13th. • Community Day will be on September 9th. • Floatie Friday and Poolside Acoustics on Sunday’s will start up in August. • The Earth Art program was a big success. • Residents are reminded about the Dark House Registry. Forms can be submitted to the Police Department online. Village Manager’s Report • Residential burglaries have occurred over the past few months. Residents are reminded to lock their doors and set alarms. • Hydrant replacement work will occur overnight tonight. • There are some storm related street closures. • The new website is live. • The new phone system will be migrating over tomorrow. Village Engineer’s Report 10 58  • Curb work and various other items are being completed at 1050 Pleasantville Road. • N. State Road Water Main Project has a leak and will be repaired. • A meeting was held with Con Edison about relocating some poles. • The wifi project at the Youth Center will be done on August 1st. • Law Park Drainage and River Road Projects will be out to bid soon. Committee Reports • EAC and SAC posted their summer newsletter. Sign up to receive it automatically. Public Comments Mr. Aaron Spring of 64 Meadow Road and AJ Jeffries a Senior at Ossining High School stated they were working with the Town of Ossining to implement the Hometown Heroes banners to recognize Veterans on poles and they were looking to continue it into the Village of Briarcliff. They stated Mr. Jeffries would work on it as part of his Eagle Scout project. The Board had general discussion regarding where the banners would potentially be and how they’d be maintained and hung and requested further information. Mr. Stuart Holzer of 142 Law Road asked for more information on the recent burglaries. Village Manager Ringel stated the investigations were still ongoing and asked Mr. Holzer to send him an email so he could connect him with the Police Chief. Authorize Village Manager to Execute Agreements Amendment of Access and Utility Easements for Wireless Cellular Agreements Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: Whereas, in accordance with its approvals for the development of the property known as 25 Scarborough Road (the “Property”), the owner thereof, SHI-I I BRIARCLIFF REIT, LLC, (the “Owner”) demolished and removed from the Property a municipal water tank (the “Tank”) on which various wireless telecommunication carriers, among others, operated and maintained their antennas and related equipment; and Whereas, the Village had an easement providing it with access to and from the Tank, which it assigned to the following wireless telecommunications carriers or 11 59  their predecessors in interest (the “Carriers”) by Assignment and Assumption of Access and Utility Easement agreements (the “Assignment Agreements”): ● Cingular Wireless PCS, LLC (AT&T) ● New York SMSA Limited Partnership d/b/a Verizon Wireless, and ● T-Mobile Northeast LLC, as successor in interest to Omnipoint Communications, Inc. (collectively, the “Carriers”); and Whereas, the Owner constructed on the Property a stealth monopole (the “Monopole”) on which the antennas and related equipment of the Village, the Carriers and others are now located; and Whereas, the Village and Owner entered into an agreement amending the location of the easement to provide access to and from the Monopole which authorizes the Village to assign such easement to the Carriers; and Whereas, agreements between the Carriers and the Village require the Village to make such non-exclusive assignments; and Whereas, the Village and the Carriers wish to enter into new Assignment Agreements reflecting the amended easement; and Now Therefore, Be It Resolved, that the Village Manager is authorized to execute with each Carrier, a new Assignment and Assumption of Access and Utility Easement reflecting the relocated easement, in the form submitted, subject to nonmaterial revisions as may be required in the discretion of the Village Manager in consultation with the Village Attorney. DASNY Grant Disbursement Agreement – Club Trail and Pump Station Decommissioning The Board thanked former Assemblyperson Sandy Galef and Current Assemblyperson Dana Levenberg for the funding. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Manager to execute a Grant Disbursement Agreement in the amount of $125,000.00 between the Village of Briarcliff Manor and DASNY in connection with The Club Field Walking Trail and Decommissioning of Water Shaft/Conversion to Trail Head Comfort Station Project. 12 60  BE IT FURTHER RESOLVED that the Village Manager is further authorized to make or accept any change to the Grant Disbursement Agreement so long as the change is not material and adverse to the Village's interests and is acceptable to Village Counsel in form and substance. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye DASNY Grant Disbursement Agreement – Purchase of Mini Excavator and Trailer The Board thanked Senator Peter Harckham for the funding. 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 hereby authorizes the Village Manager to execute a Grant Disbursement Agreement in the amount of $125,000.00 between the Village of Briarcliff Manor and DASNY in connection with the purchase of a mini excavator and trailer. BE IT FURTHER RESOLVED that the Village Manager is further authorized to make or accept any change to the Grant Disbursement Agreement so long as the change is not material and adverse to the Village's interests and is acceptable to Village Counsel in form and substance. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Award of Bid - New Parking Lot and Retaining Wall Construction (Cross Access) Mayor Vescio stated this was a goal of the Village for decades to have connectivity and flow in the downtown area. 13 61  Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 10 bids for the New Parking Lot and Retaining Wall Construction VM-2223-10 (Cross Access REBID) and; NOW, THEREFORE, BE IT RESOLVED that the bid for the New Parking Lot and Retaining Wall Construction VM-2223-10 (Cross Access REBID) is hereby awarded to Jablko Construction LLC per their bid of $348,936.50 to be charged to budget code H1440.201.23280; and BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Jablko Construction LLC for said project. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Transfer – Emergency Sewer Repair Deputy Mayor Chatzky gave kudos to the resident that reported the leak. 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 does hereby authorize the following budget transfer totaling $45,000 for FY 2023-2024: From: F1990-490 Contingency – Emergency Funds $45,000 To: F8120-201-SPRTA Sparta Brook Sewer Line Repair $45,000 BE IT FURTHER RESOLVED that should the project for the Transite Water Main Project come in at or below the budgeted amount of $923,240, the Treasurer’s office is hereby authorized to review and transfer any remaining available future ARPA funding to fund this repair should it meet with the requirements of ARPA per our auditor. BE IT FURTHER RESOLVED the Board has reviewed the Manager’s documentation and confirms the emergency declaration. 14 62  Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, with one abstention by Trustee Mallett the Board voted to approve the minutes of the July 11, 2023 regular meeting. Roll Call: Trustee Mallett Aye Trustee Midgley Abstain Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adjournment The Board sent their condolences to Village Attorney, Josh Subin with the tragic loss of his father. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to adjourn the meeting at 8:42pm into an Advice of Counsel. Respectfully Submitted By, Christine Dennett Village Clerk 15 63