Mayor & Board of Trustees

AGENDA TUESDAY JANUARY 2, 2024 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=676 Pledge of Allegiance 1. Continued Public Hearing Special Use Permit Request – IPPsolar Integration LLC, Chilmark Shopping Center, 1856 Pleasantville Road Board of Trustees Announcements Village Manager’s Report Village Engineer’s Report Committee Reports Public Comments 2. Authorize Village Manager to Execute a Fire Protection Agreement with the Town of Mount Pleasant 3. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, JANUARY 16, 2024 1  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 2, 2024 1. CONTINUED PUBLIC HEARING SPECIAL USE PERMIT REQUEST – IPPSOLAR INTEGRATION LLC - 1856 PLEASANTVILLE ROAD, All backup materials can be found at https://ny- briarcliffmanor.civicplus.com/337/1856-Pleasantville-Road---IPP-Solar-BESS Counsel to provide resolution abandoning application. 2  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 2, 2024 2. AUTHORIZE VILLAGE MANAGER TO EXECUTE FIRE PROTECTION AGREEMENTS WITH MT. PLEASANT BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Briarcliff East Fire Protection Districts in the amount of $31,334 to expire on December 31, 2021 and shall renew for 4 consecutive terms ending on December 31, 2025. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Northeast Briarcliff Fire Protection District in the amount of $71,807 to expire on December 31, 2021 and shall renew for 4 consecutive terms ending on December 31, 2025. 3  AGREEMENT, made as of the ___ day of December 2023, between the TOWN OF MOUNT PLEASANT, a municipal corporation of the County of Westchester and State of New York, having its principal offices at 1 Town Hall Plaza, Valhalla, New York (hereinafter referred to as the “Town”), and the VILLAGE OF BRIARCLIFF MANOR, a municipal corporation of the County of Westchester and State of New York, having its principal offices at 1111 Pleasantville Road, Briarcliff Manor, New York (hereinafter referred to as the “Village”)(the “Agreement”). W I T N E S S E T H: WHEREAS, there has been duly established in the said Town of Mount Pleasant, a fire protection district known as the “EAST BRIARCLIFF FIRE PROTECTION DISTRICT,” embracing territory in the said Town more fully described in the resolution establishing such district and duly adopted by the Town Board of said Town on October 17, 1955 (the “Fire Protection District”); and WHEREAS, following a public hearing duly called, the Town Board of the Town has duly authorized a contract with the Village for fire protection to said Fire Protection District upon the terms and provisions herein set forth; and WHEREAS, the within Agreement has also been duly authorized by the Board of Trustees of the Village of Briarcliff Manor, New York; NOW, THEREFORE, the Town does engage the Village to furnish fire protection to said Fire Protection District in the Town known as the “EAST BRIARCLIFF FIRE PROTECTION DISTRICT”, and the Village agrees to furnish such protection in the following manner, to wit: 1 4  1. The fire department of the Village shall at all times during the period of this Agreement be subject to call for attendance upon any fire occurring in such Fire Protection District, and when notified by alarm or telephone call from any person within such fire protection district of a fire within the said fire protection district, such fire department shall respond and attend upon the fire without delay with one or more companies and with suitable ladder, pumping and hose apparatus. Upon arriving at the scene of the fire, the attending firefighters of the Village shall proceed diligently and in every way reasonably suggested to the extinguishment of the fire, and the saving of life and property in connection therewith. 2. In addition, the fire department of the Village shall at all times during the period of this Agreement be subject to call as set forth above to provide ambulance service to said Fire Protection District when summoned by mistake or when an emergency requires that such services be furnished without delay. 3. In consideration of furnishing aid and the use of its apparatus as aforesaid, the Village hereby acknowledges payment from the Town in the sum of $31,334, representing sums due on or before August 15, 2021. For all succeeding years, the contract amount shall increase by 4% per annum. Any and all outstanding payments prior to Town Fiscal Year 2024 shall be made no later than 45 days from the execution of this agreement. Succeeding year payments starting with Town Fiscal Year 2024 shall be received no later than October 31st, or the next business day of each year. 4. The Village agrees to maintain adequate comprehensive general liability and property damage insurance, workers' compensation and/or Volunteer Firefighters' Benefit law insurance and professional liability insurance the limit of which shall not be 2 5  less than $1,000,000 for each occurrence and $2,000,000 annual aggregate. 5. Each party shall indemnify, defend and hold the other party harmless from and against any and all liabilities, damages, costs, expenses, or losses including reasonable legal expenses and attorney fees, resulting from any claim, suits, action, demands, or the other proceedings brought by or on behalf of a third party to the extent same arises from or as a result of the negligent acts or omissions of the indemnifying party. 6. All monies to be paid under any provision of this Agreement shall be a charge upon the said “EAST BRIARCLIFF FIRE PROTECTION DISTRICT”, to be assessed and levied upon the taxable property within said fire protection district and collected with the other town taxes by the Town of Mount Pleasant. 7. Members of the fire department of the Village, while engaged in the performance of their duties in answering, attending upon or returning from any call provided for by this contract shall have the same rights, privileges, and immunities as if performing the same in the Village of Briarcliff, New York. 8. By Board of Trustees resolutions, out of the aforesaid payments made by the Town to the Village, the Village, pursuant to Section 209-d of the General Municipal Law, shall determine the payment to the Briarcliff Manor Fire Department, currently set at the sum of thirty-five (35%) per centum of such Town payments. 9. This Agreement shall continue for a period of four years from the date January 1, 2021 and shall terminate on December 31, 2024 and shall be renewable for up to one (1), five year term, subject to the mutual agreement of both parties,– ending on December 31, 2029. Such agreement shall be made no later than December 1 (or the 3 6  next proceeding business day) prior to expiration of the contract. IN WITNESS WHEREOF, the parties have duly executed and delivered this agreement as of the day and year first above written. ATTEST: TOWN OF MOUNT PLEASANT Town Clerk Supervisor ATTEST VILLAGE OF BRIARCLIFF MANOR Village Clerk Village Manager Execution and delivery of the foregoing agreement is hereby consented to: ATTEST: BRIARCLIFF MANOR FIRE DEPARTMENT Village Clerk Chief 4 7  AGREEMENT AGREEMENT, made as of the ___ day of Decmber, 2023, between the TOWN OF MOUNT PLEASANT, a municipal corporation of the County of Westchester and State of New York, having its principal offices at 1 Town Hall Plaza, Valhalla, New York (hereinafter referred to as the “Town”), and the VILLAGE OF BRIARCLIFF MANOR, a municipal corporation of the County of Westchester and State of New York, having its principal offices at 1111 Pleasantville Road, Briarcliff Manor, New York (hereinafter referred to as the “Village”), W I T N E S S E T H: WHEREAS, there has been duly established in the said Town of Mount Pleasant, a fire protection district known as the "NORTH EAST BRIARCLIFF FIRE PROTECTION DISTRICT," embracing territory in the said Town of Mount Pleasant more fully described in the resolution establishing such district and duly adopted by the Town Board of said Town of Mount Pleasant on October 17, 1955; and WHEREAS, following a public hearing duly called, the Town Board of the said Town of Mount Pleasant has duly authorized a contract with the Village for fire protection through said fire protection district upon the terms and provisions herein set forth; and WHEREAS, the within contract has also been duly authorized by the Board of Trustees of the Village of Briarcliff Manor, New York; NOW, THEREFORE, the Town engages the Village to furnish fire protection to said fire protection district in the Town of Mount Pleasant known as the "NORTH EAST BRIARCLIFF FIRE PROTECTION DISTRICT", and the Village agrees to 1 8  furnish such protection in the following manner, to wit: 1. The fire department of the Village shall at all times during the period of this agreement be subject to call for attendance upon any fire occurring in such fire protection district, and when notified by alarm or telephone call from any person within such fire protection district of a fire within the said fire protection district, such fire department shall respond and attend upon the fire without delay with one or more companies and with suitable ladder, pumping and hose apparatus. Upon arriving at the scene of the fire, the attending firefighters of the Village shall proceed diligently and in every way reasonably suggested to the extinguishment of the fire, and the saving of life and property in connection therewith. 2. In addition, the fire department of the Village shall at all times during the period of this agreement be subject to call as set forth above to provide ambulance service to said protection district when summoned by mistake or when an emergency requires that such services be furnished without delay 3. In consideration of furnishing aid and the use of its apparatus as aforesaid, the Village hereby acknowledges payment from the Town in the sum of $71,807, representing sums due on or before August 15, 2021. For all succeeding years, the contract amount shall increase by 4% per annum. Any and all outstanding payments prior to Town Fiscal Year 2024 shall be received no later than 45 days from the execution of this agreement. Succeeding year payments starting with Town Fiscal Year 2024 shall be made no later than October 31st, or the next business day of each year. 4. The Village agrees to maintain adequate comprehensive general liability and property damage insurance, workers' compensation and/or Volunteer Firefighters' Benefit 2 9 law insurance and professional liability insurance the limit of which shall not be less than $1,000,000 for each occurrence and $2,000,000 annual aggregate. 5. Each party shall indemnify, defend and hold the other party harmless from and against any and all liabilities, damages, costs, expenses, or losses including reasonable legal expenses and attorney fees, resulting from any claim, suits, action, demands, or the other proceedings brought by or on behalf of a third party to the extent same arises from or as a result of the negligent acts or omissions of the indemnifying party. 6. All monies to be paid under any provision of this agreement shall be a charge upon the said "NORTH EAST BRIARCLIFF FIRE PROTECTION DISTRICT", to be assessed and levied upon the taxable property within said fire protection district and collected with the other town taxes by the Town of Mount Pleasant. 7. Members of the fire department of the Village, while engaged in the performance of their duties in answering, attending upon or returning from any call provided for by this contract shall have the same rights, privileges, and immunities as if performing the same in the Village of Briarcliff, New York. 8. By Board of Trustees resolutions, out of the aforesaid payments made by the Town to the Village, the Village, pursuant to Section 209-d of the General Municipal Law, shall determine the payment to the Briarcliff Manor Fire Department, currently set at the sum of thirty-five (35%) per centum of such Town payments. 9. This Agreement shall continue for a period of four years from the date January 1, 2021 and shall terminate on December 31, 2024 and shall be renewable for up to one (1), five year term, subject to the mutual agreement of both parties,– ending on December 31, 2029. Such mutual agreement shall be made no later than December 1 (or the next 3 10 proceeding business day) prior to expiration of the contract. IN WITNESS WHEREOF, the parties have duly executed and delivered this agreement as of the day and year first above written. ATTEST: TOWN OF MOUNT PLEASANT Town Clerk Supervisor ATTEST VILLAGE OF BRIARCLIFF MANOR Village Clerk Village Manager Execution and delivery of the foregoing agreement is hereby consented to: ATTEST: BRIARCLIFF MANOR FIRE DEPARTMENT Village Clerk Chief 4 11  Village Board of Trustees Regular Meeting December 19, 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 19th of December, 2023 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor via Zoom Kevin Hunt, Trustee Rhea Mallett, Trustee Malcolm Netburn, Trustee Also Present Josh Ringel, Village Manager via Zoom Christine Dennett, Village Clerk Jeffrey Gaspar, Village Engineer Joshua Subin, Village Attorney Pledge of Allegiance Swearing in and Appointment of a Police Officer Chief Bueti welcomed Officer Rinaldi to the force. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Joseph Rinaldi of Ossining, New York is hereby appointed, effective December 20, 2023, to the position of Police Officer Grade 2 to be paid at an annual salary of $117,076.86 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 Rinaldi appointed. Mayor Vescio swore in Officer Rinaldi. Public Hearing to Amend Chapter 207, Vehicles and Traffic, Articles: VII Snow Emergencies, VIII Storage and Retrieval of Vehicles and IX Miscellaneous Provisions Upon motion by Trustee Mallett, seconded by Trustee Netburn, the Board voted unanimously to open the public hearing. Deputy Mayor Chatzky summarized the proposed changes. There were no public comments. Upon motion by Trustee Netburn, seconded by Trustee Mallett, the Board voted 12 unanimously to adjourn the public hearing to January 16, 2024.  Board of Trustees Announcements • The Fire Department encouraged residents to join the Fire Department and EMS. • Stephanie Rossi is retiring after 22 years of service to the Village. • Winter Registration began 12/11. • The Recreation Department needs ski trip chaperones and scorekeepers. • Tonight, is the last meeting of 2023. It was a very productive year. Special thanks to all the hard-working staff and volunteers. Looking forward to 2024. • The Board thanked all Village Staff and Volunteers (including Trustee Hunt) for their tireless efforts during the recent storm. Village Manager’s Report • A water main break occurred on Monday during the storm. Crews worked around the clock to repair. • Sign up for NIXLE to get Village Emergency Alerts. • A vehicle was located for the Police Department and is $20,000 under budget. The monies will be used to purchase bicycles. Village Engineer’s Report • Flooding during the recent storm was documented. • Batting cage construction is underway. • YSG Solar has requested the scoping meeting be postponed to January. • Taco Bell and 55 Woodside Avenue have filed for their Certificates of Occupancy. Public Comments There were no public comments. Authorize Village Manager to Execute an Agreement with Westchester County – Mobile Radios Upon motion by Trustee Mallett, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an Inter-municipal Agreement with Westchester County to accept mobile radios for the Village of Briarcliff Manor police vehicles for mutual aid purposes related to the participation of the Village of Briarcliff Manor in the Mutual Aid and Rapid Response Plan for the Police Departments of Westchester County Agreement approved by the Board of Trustees on November 10, 2020. Authorize Assignment of Rights and Obligations of Lamb & Barnosky, LLP Retainer Agreement to be Assigned to Keane & Beane, P.C. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution as amended: WHEREAS Richard Zuckerman and Lamb & Barnovsky has provided Labor Counsel services for the Village of Briarcliff Manor for many years and the Village 13 wishes to continue to work with him, and  WHEREAS Richard Zuckerman has informed the Village that he is leaving Lamb & Barnovsky and joining Keane & Beane, P.C. as Labor Counsel; NOW, THEREFORE BE IT RESOLVED, effective January 1, 2024, that the rights and obligations of Lamb & Barnosky, LLP for Labor Counsel services pursuant to the retainer agreement presently in effect, will be assigned to and assumed by the law firm of Keane & Beane, P.C.; and BE IT FURTHER RESOLVED, effective January 1, 2024, that the Board terminates the retainer agreement with Lamb & Barnosky, LLP. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized to execute any documents to effectuate the transition. Roll Call: Trustee Mallett Aye Trustee Hunt Aye Trustee Netburn Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Capital Budget Transfers and Creation of New Project Line Upon motion by Trustee Netburn, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees does hereby amend the Capital Budget for Fiscal Year 2023-2024 to add Capital project: H3410.201.24660 - Fire and Ambulance Patio Upgrade This will increase the total 2023-24 Capital Budget to $6,381,823 from the previously adopted resolution on April 25, 2023 in the amount of $6,407,823. In addition, the funding source for the Fire and Ambulance Department Patio Upgrades will come from the H3410-201-20680 FD Capital Reserve. A. Create New Capital Projects 1. H3410.201.24660 - Fire & Amb Patio Upgrde BMFD$ WHEREAS that the Board of Trustees does hereby authorize the following capital budget transfers for FY 2023-2024 as follows: B. Transfers Expense GL/Project Description 1. From: H3410.201.20680 FD Capital Reserve $ 26,000.00 To: H3410.201.24660 Fire & Amb Patio Upgrde BMFD$ $ 26,000.00 14 2. From: H8397.201.21531 Long Hill SS Repairs – Design $ 7,625.00  H8397.201.21532 Pine Rd Pump St/SS-Design 7,625.00 To: H8397.201.CHAPP Design Work-Chapp Rd/NYS RT 100 $15,250.00 C. Capital and General Fund Budget Amendments Cross Access CBD - Parking Lot General Fund Increase: A0102.5031 Transfer in from Fund Balance $51,289.70 A9901.910 Transfer to Capital 51,289.70 Capital Fund Increase: H0102.5032 Transfer in from General Fund $51,289.70 H1440.201.23280 Cross Access CBD - Parking Lot 51,289.70 Roll Call: Trustee Mallett Aye Trustee Hunt Aye Trustee Netburn Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board/Committee Appointments The Board thanked all for volunteering to serve the community and Trustee Mallett for her work interviewing applicants. Upon motion by Trustee Mallett, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Christina Kopec as a Sustainability Advisory Committee Member for an unexpired term to expire on April 1, 2026. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Gideon Pine as a Sustainability Advisory Committee Member for an unexpired term to expire on April 1, 2026. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Julie Mayville as a Sustainability Advisory Committee Member for an unexpired term to expire on April 1, 2026. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Kathy Battacharia as a Sustainability Advisory Committee Member for an unexpired term to expire on April 1, 2024. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Chetan Karande as a Climate Smart Task Force Member. Minutes 15  Upon motion by Trustee Hunt, seconded by Trustee Mallett, the Board voted unanimously to approve the minutes of the December 5, 2023 regular meeting as amended. Roll Call: Trustee Mallett Aye Trustee Hunt Aye Trustee Netburn Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adjournment The Board wished Happy Birthday to Jessica Vescio, former Mayor Bill Vescio, Georgina Gualdino, Deputy Mayor Chatzky and former Trustee Ned Midgley and a belated birthday to Josh Ringel. The Board wished everyone Happy Holidays. Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to adjourn the meeting at 8:31pm. Respectfully Submitted By, Christine Dennett Village Clerk 16