Mayor & Board of Trustees

Village Board of Trustees Regular Meeting June 4, 2024 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 4th of June, 2024 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Rhea Mallett, Trustee Malcolm Netburn, Trustee Also Present Josh Ringel, Village Manager Christine Dennett, Village Clerk Josh Subin, Village Attorney Absent Kevin Hunt, Trustee Pledge of Allegiance Continued Public Hearing to Amend Chapter 220-6E, Special Use Permits Conditions and Safeguards Deputy Mayor Chatzky explained the proposed changes. There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to close the public hearing. Upon motion by Trustee Netburn, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: SEQR NEGATIVE DECLARATION AMENDEMNTS TO VILLAGE CODE CHAPTER 220-6 and 220-18 WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, is proposing to amend Village Code Chapter 220-6 Special Permit Uses and Chapter 220-18 Violations to revise text contained in 220-6 E. Conditions and safeguards, 220-6 H. Existing violations, and 220-18 C. Violations (the “Proposed Action”); and  WHEREAS, pursuant to 6 NYCRR Part 617 (“SEQR”) the Project is classified as an Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor have conducted an Uncoordinated Review of the Proposed Action under SEQR and is the Lead Agency for the SEQR review of this Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor reviewed a Short Environmental Assessment Form (Short EAF) Parts 1, 2 and 3 dated May 13, 2024. NOW THEREFORE BE IT RESOLVED, that pursuant to 6 NYCRR Part 617, State Environmental Quality Review, the Board of Trustees of the Village of Briarcliff Manor hereby confirms its Lead Agency designation for the SEQR Review of the Proposed Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the Proposed Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form (Short EAF Part 3). BE IT FINALLY RESOLVED that this SEQR Negative Declaration resolution shall have an effective date of June 4, 2024. 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 220-6E, Special Use Permits Conditions and Safeguards is hereby adopted. Continued Public Hearing to modify the Village Code related to Alternate Board Members in Chapter 45, Article IV, Planning Board Alternate Member, Chapter 220-17, Board of Appeals and Chapter 61, Zoning Board of Appeals Deputy Mayor Chatzky explained the proposed changes. There were no public comments. Upon motion by Trustee Netburn, seconded by Trustee Mallett, 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: SEQR NEGATIVE DECLARATION AMENDEMNTS TO VILLAGE CODE CHAPTERS 45, 220-17, and 61 WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, is proposing to amend Village Code Chapter 45 Planning Board, Article IV. Alternate Member to include additional requirements for the participation of an alternate member in voting on a matter or for the composition of a quorum; the text amendments propose similar revisions to the alternate language in Chapter 220-17. Board of Appeals and the text of Chapter 61 Zoning Board of Appeals would be replaced with the existing text of Chapter 220-17 with the proposed amendments described above (the “Proposed Action”); and WHEREAS, pursuant to 6 NYCRR Part 617 (“SEQR”) the Project is classified as an Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor have conducted an Uncoordinated Review of the Proposed Action under SEQR and is the Lead Agency for the SEQR review of this Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor reviewed a Short Environmental Assessment Form (Short EAF) Parts 1, 2 and 3 dated May 13, 2024. NOW THEREFORE BE IT RESOLVED, that pursuant to 6 NYCRR Part 617, State Environmental Quality Review, the Board of Trustees of the Village of Briarcliff Manor hereby confirms its Lead Agency designation for the SEQR Review of the Proposed Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the Proposed Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form (Short EAF Part 3). BE IT FINALLY RESOLVED that this SEQR Negative Declaration resolution shall have an effective date of June 4, 2024. Upon motion by Trustee Netburn, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed local law to modify the Village Code related to Alternate Board Members in Chapter 45, Article IV, Planning Board Alternate Member, Chapter 220-17, Board of Appeals and Chapter 61, Zoning Board of Appeals is hereby adopted. Board of Trustees Announcements  TIOLI was a big success. Thanks to all that attended. Kudos to SAC and RAC for running the event.  Thank you to all that participated in the Memorial Day Parade and Ceremony. Special thanks to Larry Reilly for his decades of work organizing the event.  Upcoming dates: o The pool is open. o Garden Club Flower Show is 6/7 and 6/8 at the Library. o Prom is Thursday 6/6. o Next SAC meeting is 6/6. o Jankowski 5K is 6/15. o Picks and Pickleball 6/22. o Chamber of Commerce Concert is 6/27. o Camp begins 7/1. o Senior Trips and Events coming up. Visit Recreation site for info on registering. Village Manager’s Report  Post Cards for the Lead Service Study are out. Appointments will be scheduled beginning next week.  Christine Dennett was appointed as the Assistant Village Manager. Public Comments There were no public comments. Establishment of The Briarcliff Manor Local Development Corporation Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF BRIARCLIFF MANOR (I) AUTHORIZING THE ESTABLISHMENT OF THE BRIARCLIFF MANOR LOCAL DEVELOPMENT CORPORATION (THE “CORPORATION”); (II) APPROVING A FORM OF CERTIFICATE OF INCORPORATION FOR THE CORPORATION; (III) AUTHORIZING THE CORPORATION TO PERFORM ESSENTIAL GOVERNMENTAL FUNCTIONS INCLUDING ACTIVITIES ASSOCIATED WITH JOB  CREATION AND THE PROMOTION OF COMMUNITY AND ECONOMIC DEVELOPMENT INITIATIVES; AND (IV) AUTHORIZING THE CORPORATION TO ISSUE CERTAIN BONDS ON BEHALF OF THE VILLAGE. WHEREAS, it the policy of the State of New York to promote the economic welfare and prosperity of its inhabitants and to actively promote, attract, encourage and develop economically sound commerce and industry; and WHEREAS, the Village of Briarcliff Manor (the “Village”) is tasked with the responsibility and burden to promote the health, safety and general welfare of the residents of the Village by among other things preventing unemployment and economic deterioration including by increasing and maintaining employment opportunities and attracting and sustaining economically sound commerce; and WHEREAS, it is essential for the Village to support the operations and activities of both for-profit and not-for-profit entities and corporations within the Village in furtherance of both job creation and retention opportunities within the Village; and WHEREAS, in furtherance of the foregoing, the Village desires to establish a new local development corporation pursuant to Section 1411 of the Not-for-Profit Corporation Law (“N-PCL”) to undertake certain projects and initiatives for the benefit and to relieve the burdens of the Village, including, but not limited to undertaking certain financings through the issuance of tax exempt and taxable bonds, notes and other instruments for the benefit of both for-profit and not-for-profit entities and corporations located within the Village; and WHEREAS, a proposed certificate of incorporation (the "Certificate of Incorporation", a copy of which is attached hereto as Exhibit A) for the establishment of the Briarcliff Manor Local Development Corporation (the "Corporation") pursuant to N-PCL Section 1411 (the "LDC Act") has been prepared for review by the Village Board of Trustees (the "Board of Trustees"); and WHEREAS, in furtherance of the foregoing public purposes, the N-PCL and the LDC Act, the Village desires to establish the Corporation to undertake the purposes and powers as set forth within the LDC Act and the N-PCL, including, without limitation, the power (1) to construct, acquire, rehabilitate and improve for use by others industrial or manufacturing plants in the territory in which its operations are principally to be conducted, (2) to assist financially in such construction, acquisition, rehabilitation and improvement, to maintain such plants for others in such territory, (3) to disseminate information and furnish advice, technical assistance and liaison with federal, state and local authorities with respect thereto, (4) to acquire by purchase, lease, gift, bequest, devise or otherwise real or personal property or interests therein, (5) to borrow money and to issue negotiable bonds, notes and other obligations therefor, and (6) to sell, lease, mortgage or otherwise dispose of or encumber any such plants or any of its real or personal property or any interest therein upon such terms as it may determine to be suitable; and WHEREAS, to accomplish the purposes and powers as set forth within the LDC Act, the N-PCL and the Certificate of Incorporation, including, without limitation, relieving the burdens of the Village and the undertaking of projects for the benefit of both for-profit and not-for-profit entities and corporations in furtherance of their access to cost-effective capital for projects that enhance, create and preserve employment opportunities for residents of the Village, the Village desires to task the Corporation with such burdens and responsibilities and authorizes the Corporation, once established, to issue bonds on behalf of the Village for such purposes pursuant to and in accordance with applicable provisions of the Internal Revenue Code (the "Code"). NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees that the Village hereby authorizes the establishment of the Corporation pursuant to the LDC Act and the N-PCL through the filing of the Certificate of Incorporation in substantially the form thereof presented to this meeting; and BE IT FURTHER RESOLVED, that the Board of Trustees acknowledges receipt of the Certificate of Incorporation and By-Laws and approves each as to both substance and form; and BE IT FURTHER RESOLVED, that the Corporation is hereby designated as an on behalf of issuer of the Village for the purposes of issuing bonds, notes and other instruments with authority to exercise on the Village's behalf all lawful powers as may be deemed necessary to accomplish its public purposes including, without limitation, to enhance, create and preserve employment opportunities for residents of the Village, such purposes and powers to include, but not be limited to, those powers contained within the LDC Act, the N-PCL and the Certificate of Incorporation, with the power to issue tax exempt and taxable bonds, notes, or other instruments on behalf of the Village in furtherance of its purposes, provided however that any obligations issued by the Corporation shall never be a debt of the State of New York, the Village or any political subdivision thereof and neither the State of New York, the Village or any political subdivision thereof shall be liable thereon; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby authorizes the Village to covenant and agree with the Corporation in any transaction undertaken by the Corporation in furtherance of the LDC Act, the N- PCL, the Certificate of Incorporation, and any initiatives described herein, and for the benefit of the Corporation and the holders from time to time of any bonds, notes or other instruments or other securities (hereinafter collectively, the "Securities") issued by the Corporation that the Village will not limit or alter the rights of the Corporation to fulfill the terms of its agreements with the holders of the Securities or in any way impair the rights and remedies of such holders of the security for the Securities until the Securities, together with the interest due thereon or payable in respect thereof and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. Authorized representatives of the Village are hereby granted the power to make such a covenant to and agreement with the Corporation and to take any and all actions necessary or desirable to cause such covenant and agreement to be made or enforced. The Corporation is hereby authorized to assign to or for the benefit of the holders of its Securities any covenant or agreement made by the Village pursuant to the foregoing provisions; and BE IT FURTHER RESOLVED, that these resolutions shall take effect immediately upon adoption. Roll Call: Trustee Hunt Aye Trustee Mallett Aye Trustee Netburn Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board Appointment The Board thanked Ms. Reed for volunteering. Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees hereby appoints Krista Reed as the Alternate Member of the Zoning Board of Appeals for a term to expire on April 1, 2025. Schedule a Public Hearing to Amend Chapter 220-6, Special Permit Uses, Chapter 220, Table 2, Permitted Lot Sizes, Setbacks, Height Requirements (Residential) and Table 3, Permitted Principal and Accessory Uses (Commercial) Upon motion by Trustee Netburn, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for June 18, 2024 at 7:30pm at the William J. Vescio Community Center to amend Chapter 220-6, Special Permit Uses, Chapter 220, Table 2, Permitted Lot Sizes, Setbacks, Height Requirements (Residential) and Table 3, Permitted Principal and Accessory Uses (Commercial). Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the Board voted unanimously to approve the minutes of the May 21, 2024 regular meeting. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to adjourn the regular meeting at 8:03pm. Respectfully Submitted By, Christine Dennett Village Clerk