Mayor & Board of Trustees

AGENDA TUESDAY JANUARY 7, 2025 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=1184 Pledge of Allegiance 1. Continued Public Hearing to Amend Chapter 90, Vacant Building Registry Board of Trustees Announcements Village Managers Report Committee Reports Public Comments 2. Disclosure Pursuant to Municipal Law Section 803(1) 3. IPP Solar, LLC Appeal for Relief from Battery Energy Storage Systems Moratorium 4. Budget Transfers – Recreation Fees 5. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, JANUARY 21, 2025 1  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 7, 2025 1. CONTINUED PUBLIC HEARING A PROPOSED LOCAL LAW TO AMEND CHAPTER 90, ARTICLE V, VACANT BUILDING REGISTRY RESOLUTION PROVIDED IN THE EVENT THE BOARD WISHES TO ADOPT SEQR NEGATIVE DECLARATION AMENDMENTS TO VILLAGE CODE CHAPTER 90, Article V. WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, is proposing to amend Village Code Chapter 90. Building Construction and Fire Prevention, Article V. Vacant Building Registry to expand registration requirements to make minor clarifications related to the definitions of "Building Inspector" and "Enforcement Officer" and to Section 90-46 Fees. (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 November 26, 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). 2  BE IT FINALLY RESOLVED that this SEQR Negative Declaration resolution shall have an effective date of January 7, 2025. LOCAL LAW ADOPTION BE IT RESOLVED that the proposed local law to amend Chapter 90, Article V, Vacant Building Registry of the Code of the Village of Briarcliff Manor is hereby adopted. 3 Chapter 90. Building Construction and Fire Prevention Article V. Vacant Building Registry [Added 5-4-2021 by L.L. No. 5-2021] § 90-43. Legislative findings; purpose. It is the finding of the Board of Trustees that buildings, or portions thereof, which remain vacant, or with access points boarded over, are unsightly, unsafe and have a negative effect on their surroundings. Unfortunately, many buildings, once boarded, remain that way for many years. The purpose behind this article is to establish a program for identifying and registering vacant buildings; to determine the responsibilities of owners of vacant buildings and structures; and to encourage and speed the rehabilitation of vacant or underutilized properties. § 90-44. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated: BUILDING INSPECTOR The Building Inspector of the Village of Briarcliff Manor or his qualified and certified designee. ENFORCEMENT OFFICER The Building Inspector of the Village of Briarcliff Manor, the Assistant Building Inspector, an officer of the Briarcliff Manor Police Department, or any other qualified and certified code enforcement officer Deleted: or the Superintendent of Public Works designated by the Building Inspector.. Deleted: or Village Manager HABITABLE A building or space that meets or exceeds the New York State minimum requirements for human occupancy. OWNER Those shown to be the owner or owners on the records of the Village of Briarcliff Manor Department of Treasurer or Receiver of Taxes, those identified as the owner or owners on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the premises. Any such person shall have a joint and several obligation for compliance with the provisions of this article. PERFORMANCE GUARANTY A bond, letter of credit, cash escrow or other acceptable form of guaranty, as determined by the Board of Trustees, to cover the Village's potential cost of correcting code violations or abating unsafe or imminently dangerous conditions. UNSECURED A building or portion of a building which is open, accessible or may create an attractive nuisance. 4 VACANT BUILDING Any building, structure or portion thereof designed or used for residential or commercial purposes which is substantially empty of personal property necessary to sustain normal occupancy or has been unoccupied or unused i) 180 days in the case of a residential use single-family residence; or ii) 60 days in all other cases. Additionally, a vacant building may include any building, structure or portion thereof that is unoccupied or unfurnished so as to be uninhabitable, or in the case of a commercial building, unoccupied, unleased, or otherwise unusable for commercial activity, as determined by the Building Inspector, or any appropriate county or state agency, or is being used or occupied for any purpose that is unlawful within the Village of Briarcliff Manor. For the purposes of this Chapter, a Vacant Building may also include the total approved square footage of any partially constructed structure where the building permit for such construction has expired and not been renewed within 30 days. § 90-45. Registration Required. A. The owner shall register with the Building Department not later than 30 days after any building, or portion thereof, located in the Village becomes a vacant building or not later than 10 days after determination of vacancy by an enforcement officer. The enforcement officer may identify vacant buildings, and the onset of such vacancy, through on-site observation and inspection, as well as through affirmation of residents, property neighbors, neighborhood associations and other community groups, water or utility usage, or police records. B. The registration shall be provided on forms provided by the Building Department and shall include, among other matters, the following information supplied by the owner: (1) A description of the premises, address, block and lot number; (2) The names, contact address, and phone numbers of the owners; (3) The name, address and phone number of any person contracted by the owner for property management; (4) The names, addresses, and phone numbers of all known lienholders and all other parties holding an ownership interest in the property; and (5) A cell number where a responsible person and owner can be reached at all times. C. The owners shall submit a vacant building plan which must meet the approval of the Building Department. The plan, at a minimum, must contain information from one of the following three choices for the property: (1) If the building is to be demolished, a demolition plan under a permit application filed with the Building Department, indicating the proposed time frame for the building to be demolished, an affidavit executed by the owner that he will assume all costs associated with the demolition, and a performance guaranty. 5 (2) If the building is to remain vacant, a plan for the securing of the building in accordance with standards provided by the Building Department; if applicable, such plans must be filed along with the procedure that will be used to maintain the property in accordance with the Village’s Building Code, and a statement of the reasons why the building will be left vacant and for what time period the building will be vacant, and a performance guaranty, all of which must be acceptable to Building Inspector. (3) If the vacant building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property and a performance guaranty shall be provided. The rehabilitation plan shall be subject to the approval of the Building Inspector, and must be completed within six months, or other such time as granted by the Building Inspector. Any proposed revisions or delays to the rehabilitation plan must be submitted in writing and approved by the Building Inspector. Any repairs, improvements or alterations to the property must comply with all applicable zoning, housing, historic preservation or building codes, and the property or building must be secured to the satisfaction of the Building Inspector during the rehabilitation or until a new certificate of occupancy has been issued. D. The owner shall notify the Building Department of any changes in information supplied as part of the vacant building registration within 30 days of such change. E. Any new owners shall be required to register the vacant building with the Building Department within 30 days of any transfer of an ownership interest in a vacant building. The new owners shall comply with the approved plan, the performance guaranty, if required, and the timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Building Inspector. F. Any person owning, or having charge or control of, any vacant building, or portions thereof, shall remove all combustible materials, including waste and refuse, therefrom, and lock, barricade, guard continuously or otherwise secure all windows, doors and other openings in the building to prevent entry by unauthorized persons. G. In vacant or unoccupied buildings or portions thereof, all required sprinkler, standpipe and fire and smoke alarm systems and all component parts shall be maintained in operating condition at all times. H. Where any door, window or other means of ingress or egress from a vacant building or structure has become broken or unsecure or otherwise fails to prevent entry to the building, the property owner shall promptly make repairs, and the Building Inspector may order the building or structure repaired so as to comply with the requirements detailed in this article. I. Exterior doors shall remain locked, and all openings shall be boarded up as detailed in Subsection J when deemed by the Building Inspector to be necessary for the protection of the public health, safety and welfare. Doors and glass windows of vacant buildings shall be maintained in good condition appropriate to the architecture of the building and shall provide appropriate window dressings where the Building Inspector has deemed it necessary to shield the public’s view into the vacant building. Appropriate window dressings shall not include newspaper, white window paint or any visually displeasing substance. All show windows and glazed doors shall be periodically washed and 6 maintained in a clean and sanitary condition. All cracked or broken show windows or glazed doors shall be repaired or replaced as necessary. J. All openings shall be fitted with boards cut to actual size with new material of either plywood or pressboard having a minimum thickness of 1/2 inch and retained in place by affixing two inches by four inches top, bottom and center on the exterior in a neat and workmanlike manner. All plywood or pressboard used in boarding up shall be painted in a color and quality of paint subject to the approval of the Building Inspector. K. All storefronts shall be kept in good repair, painted where required, and shall not be permitted to become a safety hazard or nuisance. In the event that repairs to a storefront become necessary, such repairs shall be made so as to permanently repair the damaged areas. Any cornice visible above a storefront shall be kept painted and otherwise in good condition and repair. L. The owner or other responsible party for the maintenance of a vacant building shall take such steps as may be required to ensure that the building and any adjoining yard on the premises remains secure and does not present a hazard to adjoining properties or the public. Each floor area within the vacant building shall maintain at least one means of egress which complies with the New York State Fire Prevention and Building Code, as may be revised. M. The floor area of each vacant building shall be illuminated by no less than a twenty-five-watt light fixture, or an equivalent energy-efficient bulb. N. All customized signs and associated hardware shall be removed within sixty (60) days after the commercial occupancy associated with such signage is no longer in use. O. A member of the Building Department or Police Department may inspect any premises in the Village Deleted: The for the purposes of enforcing and assuring compliance with the provisions of this article, and at any Deleted: , and time in the event of an emergency. Upon the request of an enforcement officer, an owner shall provide access to all interior portions of an unoccupied or vacant building in order to permit a complete Deleted: , inspection. If an owner refuses to allow such inspection, the Village shall promptly seek a warrant for Deleted: and Department of Public Works such administrative inspection from a court of competent jurisdiction. P. The Building Inspector, or his designee, shall do periodic inspections of each vacant building or unit. The Building Inspector shall also submit a biannual report, no later than April 15 and October 15 of each year, to the Board of Trustees, listing all buildings declared vacant under the provisions of this article and the date upon which the buildings or units were declared vacant and whether a building plan has been filed. The report shall include a list of all previously declared vacant buildings which are no longer subject to the provisions of this article. § 90-46. Fees. A. 7 The owner of a vacant building shall pay non-refundable annual fees, as determined by a resolution of the Board of Trustees and published in the Master Fee Schedule. Any fees not timely paid shall be subject to penalties. The fee shall consider and include (i) the administrative costs for registering and processing the vacant building owner registration form; (ii) the costs to the Village in monitoring the vacant building site; and (iii) the purpose and intent of this chapter to encourage the renovation or reoccupation of vacant or distressed properties. B. For all vacant buildings, the first annual fee, and each annual fee thereafter shall be paid in arrears and due by January 31 of each calendar year following the initial vacancy. C. Annual fees shall be prorated to reflect the number of months of vacancy during the prior calendar year. Each annual fee shall be computed by multiplying one twelfth of the relevant annual fee as published in the Master Fee Schedule by the number of whole months of the prior calendar year during which the building, or portion thereof, remained vacant. D. If any fee is not paid by January 31 of the year due, the owner shall be subject to a penalty of $200 per month for each of the first five months the fee remains unpaid. After six months, if the fee still remains unpaid, the penalty will increase by $200 per month for each month the fee remains unpaid, until the penalty reaches the amount of $4,000, at which point it will remain until the matter is resolved. If any penalty is not paid within 30 days of the due date, the owner shall be subject to prosecution in court. Any outstanding fees may be assigned as a lien against the property. E. Vacant buildings shall remain on the registry and continue to accrue fees hereunder until (i) in the case of rehabilitation, the issuance of a Certificate of Occupation, or (ii) in the case of demolition, a final inspection and Certificate of Completion, or other such determination of completeness, is approved for issuance by the Building Inspector. Formatted: Strikethrough F. All outstanding fees shall be paid in full prior to the issuance of any Certificates of Occupancy, Certificate of Completion, or any other such indication of completion of the obligations hereunder. Deleted: § 90-47. Exemptions. The first year’s fee shall be suspended for the vacancy of retail, office, or multi-tenant residential space that is less than fifty percent (50%) of the usable square footage of any building, provided that: a. The vacant building is properly registered as per § 90-45 herein. b. All other conditions of § 90-45 are met including, but not limited to, those related to appearance, safety, and maintenance. c. The vacant space remains free from any violations of Chapter 90. Building Construction and Fire Prevention, Chapter 161 Property Maintenance, and any other sections of the Village Code of Briarcliff Manor and other applicable laws. d. The owner of such vacated space continues to use his best efforts to market the available space to potential occupants. § 90-48. Appeals. 8 A. The property owner may appeal any adverse decision under this article by filing a written request for review with the Village Clerk. Such filing shall include the reasons for appeal and be received by the Village Clerk no later than thirty (30) days after receipt of the determination. Deleted: ten (10) B. The appeal will be considered within sixty (60) days by the Vacant Buildings Review Board, which shall consist of the Village Manager or his designee, the Village Counsel or his designee, and the Superintendent of Public Works or his designee. Deleted: Chief of Police C. A timely request for appeal shall stay any action of the Building Department until the Vacant Buildings Review Board has decided the appeal. If a request for appeal is not made within the thirty-day period, Deleted: ten the decision shall stand as final. D. The property owner shall be entitled to a hearing in front of the Vacant Buildings Review Board only if requested in the written appeal for review. E. The Vacant Buildings Review Board shall consider all applicable facts, including but not limited to the evidence submitted by the property owner and any documentation or reporting of an Enforcement Officer, a member of the the Building Department, the Police Chief, and the Fire Inspector, while reviewing the decision of an Enforcement Officer. The Vacant Buildings Review Board shall make its Deleted: Code decision on the basis of the preponderance of the evidence. The decision shall be rendered within 30 Deleted: , Building Inspector or Assistant Building days after the request for an appeal is filed. The decision of a majority of the members of the Vacant Inspector or any other qualified and certified code Buildings Review Board shall affirm, reverse or modify the action of the Enforcement Officer. The enforcement officer designated by the Building decision of the Board is final as to administrative remedies with the Village. Inspector Deleted: Code § 90-49. Penalties for offenses. Deleted: , Building Inspector, or Assistant Building Inspector, or any other qualified and certified code enforcement officer designated by the Building A. Inspector Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a minimum fine of $500 and a maximum fine of $1,000 per offense. Every violation of any provision of this article shall be a separate and distinct offense, and in the case of a continuing violation, each day of continuing violation thereof shall be deemed to be a separate and distinct offense. B. In the event that all amounts due to the Village hereunder is not paid within 30 days, such costs and expenses shall, unless prohibited by New York State law, become and remain a lien upon the property Formatted: Highlight 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. 9  Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Amendments to Village of Briarcliff Manor Code Chapter 90, Article V. Vacant Building Registry Project Location (describe, and attach a location map): Village of Briarcliff Manor Brief Description of Proposed Action: The Village of Briarcliff Manor Board of Trustees is proposing to amend Village Code Chapter 90. Building Construction and Fire Prevention, Article V. Vacant Building Registry to make minor clarifications related to the definitions of "Building Inspector" and "Enforcement Officer" and to Section 90-46 Fees. Name of Applicant or Sponsor: Telephone: 914-941-4801 Village of Briarcliff Manor Board of Trustees E-Mail: cdennett@briarcliffmanor.gov Address: 1111 Pleasantville Road City/PO: State: Zip Code: Briarcliff Manor NY 10510 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? No environmental resources will be affected. If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ✔ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ✔ 3. a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres  Check all land uses that occur on, DUHadjoining RU near the proposed actioQ Ƒ 8UEDQ Rural (non-agriculture) ,ndustrial Commercial  Residential (suburban) Ƒ )RUHVW Agriculture $TXDWLF 2WKHU 6SHFLI\  3DUNODQG 10 Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: ________________________________________________________________________________ NO YES  a. Will the proposed action result in a substantial increase in traffic above present levels? E Are public transportation services available at or near the site of the proposed action? F Are any pedestrian accommodations or bicycle routes available on or near WKHsite of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable ZDWHU: _________________________________________ _____________________________________________________________________________________________ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________  D'RHVWKHSURMHFWVLWHFRQWDLQRULVLWVXEVWDQWLDOO\FRQWLJXRXVWRDEXLOGLQJDUFKDHRORJLFDOVLWHRUGLVWULFW NO YES ZKLFKLVOLVWHGRQWKH1DWLRQDORU6WDWH5HJLVWHURI+LVWRULF3ODFHVRUWKDWKDVEHHQGHWHUPLQHGE\WKH &RPPLVVLRQHURIWKH1<62IILFHRI3DUNV5HFUHDWLRQDQG+LVWRULF3UHVHUYDWLRQWREHHOLJLEOHIRUOLVWLQJRQWKH 6WDWH5HJLVWHURI+LVWRULF3ODFHV" E ,VWKHSURMHFWVLWHRUDQ\SRUWLRQRILWORFDWHGLQRUDGMDFHQWWRDQDUHDGHVLJQDWHGDVVHQVLWLYHIRU DUFKDHRORJLFDOVLWHVRQWKH1<6WDWH+LVWRULF3UHVHUYDWLRQ2IILFH 6+32 DUFKDHRORJLFDOVLWHLQYHQWRU\"  D. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? E Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 11 Page 2 of 3  Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ƑShoreline ƑForest Agricultural/grasslands Early mid-successional Wetland ƑUrban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? 16. Is the project site located in the \HDUIlood plan? NO YES NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 18. Does the proposed action include construction or other activities that ZRXOGresult in the impoundment of water NO YES or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain WKHpurpose and sizeRIWKHLPSRXQGPHQWBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB ____________________________________________________________________________________________ _19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ 20.Has the site of the proposed action or an adjoining property been WKHsubject of remediation (ongoingRU NO YES for hazardous waste? completed) If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ I &(57,)< THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: BBBBBBBBBBBBBBBBBBBBB______________________BBBBBBBBB Sarah k. Yackel 11/26/2024 Date: 8/16/2023 __________________________ ______ Signature: _____________________________________________________ 7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Principal PRINT 12 FORM Page 3 of 3  Agency Use Only [If applicable] Project: Chapter 90, Article V. Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ✔ 2. Will the proposed action result in a change in the use or intensity of use of land? ✔ 3. Will the proposed action impair the character or quality of the existing community? ✔ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? ✔ 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? ✔ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? ✔ 7. Will the proposed action impact existing: ✔ a. public / private water supplies? b. public / private wastewater treatment utilities? ✔ 8. Will the proposed action impair the character or quality of important historic, archaeological, ✔ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? ✔ 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? ✔ 11. Will the proposed action create a hazard to environmental resources or human health? ✔ PRINT FORM Page 1 of 2 13  Agency Use Only [If applicable] Project: Chapter 90, Article V. Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Adoption of the proposed amendments to the Village of Briarcliff Manor Code Chapter 90, Article V. Vacant Building Registry to make minor clarifications related to the definitions of "Building Inspector" and "Enforcement Officer" and to Section 90-46 Fees will not result in any impacts to the environment. The purpose of these amendments is to better protect the health and safety of Briarcliff residents and to ensure the timely upkeep and maintenance of vacant buildings. These amendments will not result in any new development or negative physical changes to the environment; therefore, adoption of the Proposed Action will not result in the potential for any significant adverse environmental impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ✔ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Village of Briarcliff Manor Board of Trustees _________________________________________________ _______________________________________________ Name of Lead Agency Date Steven A. Vescio Mayor _________________________________________________ _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 2 14  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 7, 2025 2. DISCLOSURE PURSUANT TO MUNICIPAL LAW SECTION 803(1) 15 16  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 7, 2025 3. IPP SOLAR, LLC APPEAL FOR RELIEF FROM BATTERY ENERGY STORAGE SYSTEMS MORATORIAUM ALL DOCUMENTS CAN BE FOUND AT THE LINK BELOW: HTTPS://WWW.BRIARCLIFFMANOR.GOV/DOCUMENTCENTER/INDEX/309 17 18 19 20 21 22 23 24 25 26  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 7, 2025 4. BUDGET TRANSFERS BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers for FY 2024-2025 as follows: A. 24/25 Capital Projects which require funding from Special Rev Fund From: CM0102.5031 Transfer in from CM FB $20,000.00 CM9901.910 Transfer to Capital 20,000.00 To: H0102.5031 Transfer in from Special Rev Fund $20,000.00 H7110.201.25770 Upgrades as Various Parks 20,000.00 27  SALES QUOTE Sales Quote No: SQ136044 Revision Number: 0 Sales Quote Date: 12/20/24 Sell To: Village of Briarcliff Manor Customer No: C003531 Dana Durso Phone No: 914-944-4007 1111 Pleasantville Road Contact Name: Briarcliff Manor, NY 10510 Contact Phone No: Terms: Net 30 Associate: Kerri Pasquale Project Name: VILLAGE OF BRIARCLIFF MANOR, LANDSCAPING IMP Project Location State: NY Ship Via: Contract Carrier Ship Freight: Prepaid Ship To: Shipping Method: FOB Factory Please advise 1245 Pleasantville Road This Quote is valid for 30 days. Briarcliff Manor, NY 10510 Estimated Lead Allow 7 to 9 (weeks) Time: for Production of your order. Important: December 13, 2024, will be the last day orders will ship for this year. Please be aware that your estimated production lead time may be adjusted or vary based on order release date. All credit determinations are made by our Credit Department. Comments: * Orders are released into production upon receipt of signed sales/purchase order, credit determination and (where applicable) deposit, payment bond,etc. * All products must be permanently affixed to the ground. Consult your local codes for regulations. Anchor bolts NOT provided. * Common Carrier unloading is the responsibility of the receiver. * While the vast majority of our components satisfy Buy America requirements, we must know if there are Buy America requirements before the order is placed. * It is the buyer's sole responsibility to inspect shipments at the time of delivery; any damage, loss, or shortage must be noted on the signed Proof of Delivery and reported to Victor Stanley within seven (7) days. * This quote is valid for shipment within normal production time. No deferred shipping dates are accepted without prior written approval. * Benches, other seating and tables ship partially unassembled unless otherwise stated by Victor Stanley, LLC * Victor Stanley uses common carriers. Any additional service or re-consignment charges added during shipment will be the sole responsibility of the Buyer. * These comments are intended to be part of the terms and conditions of this sales quote. QTY Model No. Description Unit Cost Total Price 7 SD-42 Ironsites Series 36-Gallon Side-Opening Litter Receptacle 1,958.00 13,706.00 SD-42 Components Black Plastic Liner Green DSS-2A Rain Bonnet Lid Lid - Green Latch 2 SD-42 Ironsites Series 36-Gallon Side-Opening Litter Receptacle 1,958.00 3,916.00 Page: 1 28  SALES QUOTE Sales Quote No: SQ136044 Revision Number: 0 Sales Quote Date: 12/20/24 Sell To: Village of Briarcliff Manor Customer No: C003531 Dana Durso Phone No: 914-944-4007 1111 Pleasantville Road Contact Name: Briarcliff Manor, NY 10510 Contact Phone No: Terms: Net 30 Associate: Kerri Pasquale Project Name: VILLAGE OF BRIARCLIFF MANOR, LANDSCAPING IMP Project Location State: NY Ship Via: Contract Carrier Ship Freight: Prepaid Ship To: Shipping Method: FOB Factory Please advise 1245 Pleasantville Road This Quote is valid for 30 days. Briarcliff Manor, NY 10510 Estimated Lead Allow 7 to 9 (weeks) Time: for Production of your order. Important: December 13, 2024, will be the last day orders will ship for this year. Please be aware that your estimated production lead time may be adjusted or vary based on order release date. All credit determinations are made by our Credit Department. QTY Model No. Description Unit Cost Total Price SD-42 Components Black Plastic Liner Blue DSS-2A Rain Bonnet Lid Lid - Blue Latch 1 Freight 1,092.00 1,092.00 Sub-Total: 18,714.00 Total Sales Tax: 0.00 Total: 18,714.00 All figures are in US Dollars Page: 2 Please review our Standard Terms of Production on proceeding pages 29 STANDARD TERMS OF PRODUCTION TAXES LIMITED WARRANTY Prices on the specified products are exclusive of all city, state and We warrant to the original purchaser the goods manufactured by us to federal excise taxes, including, without limitation, taxes on manufacture, be free from defects in material and workmanship for one year under sales, receipts, gross income, occupation, use and similar taxes. It is normal use and service. Our obligation under this warranty shall be the responsibility of the purchaser to remit to the appropriate state or limited to the repair or exchange of any part or parts which may thus local authority all state sales tax not herein designated as well as the prove defective under normal use and service within one year from date applicable use taxes, local taxes, permits and fees of any kind. of delivery, and which our examination shall disclose to our satisfaction to be defective. This warranty expressly excludes acts of misuse, REGULAR PAYMENT TERMS vandalism or freight damage. Ductile Iron castings include a 10-year limited warranty against breakage. THIS WARRANTY IS EXPRESSLY All payment terms are determined by the credit department. No order will be processed or placed into production until credit has been IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED determined and a deposit has been received (if required). Purchaser is INCLUDING THE WARRANTIES OF MERCHANTABILITY AND responsible for the timely payment of Victor Stanley, LLC's invoices FITNESS FOR USE AND OF ALL OTHER OBLIGATIONS OR within Victor Stanley, LLC's payment terms. In the unlikely event that LIABILITIES ON OUR PART. collection activity is necessary due to the non-payment of past due invoices, Purchaser agrees that all collection charges, legal fees and CONDITIONS interest incurred in such collection activity will be the sole All orders or contracts are accepted with the understanding that they responsibility of the Purchaser. are subject to Victor Stanley, LLC's ability to obtain the necessary raw materials, and all orders or contracts as well as shipments applicable CANCELLATION FEE thereto are subject to Victor Stanley, LLC's current manufacturing Victor Stanley, LLC manufactures all products to specific orders, and schedules, and government regulations, orders, directives, and therefore reserves the right to charge a 30% cancellation fee if this restrictions that may be in effect from time to time. order is canceled by the Buyer while goods are in production. CONTROLLING PROVISIONS DELIVERY These terms and conditions shall supersede all provisions, terms and All prices are FOB Factory unless otherwise stated by Victor Stanley, conditions contained on any confirmation order, or other prior or future LLC in writing. writing by or to Buyer, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions in this Sales Order. INTEREST Victor Stanley, LLC makes no representations or warranties concerning If Buyer fails to pay in accordance with the terms of this agreement, this order except such as are expressly contained herein, and this Sales an interest charge of 1.5% per month may be added to the unpaid Order or its terms may not be changed or modified without the signed balance. written agreement of an authorized representative of Victor Stanley, LLC. ATTORNEYS' FEES CONTROLLING LAW AND VENUE In the event that the Buyer fails to timely pay for the goods in This Agreement shall be governed by and construed according to the accordance with the terms of this agreement or is otherwise in breach laws of Maryland, without giving effect to its choice of law principles. of its obligations to Victor Stanley, LLC, Buyer agrees to pay to Victor The parties agree that all actions and proceedings arising out of or Stanley, LLC the cost of collection, including its reasonable attorney's relating directly or indirectly to this Sales Order or any ancillary fees and suit costs. agreement or any other related obligation, including any action on any bond, shall be litigated solely and exclusively in the state or federal DELAYS courts located in Maryland, and that such courts are convenient Our lead time is an estimate only and Victor Stanley, LLC is not forums. Each party hereby submits to the personal jurisdiction of such responsible for any delays in our previously quoted or estimated courts for purposes of any such actions or proceedings. shipping time. Victor Stanley, LLC will not be liable for any damages, whether direct, indirect or consequential, associated with any delay in the performance of orders or contracts, or in the delivery or shipment SHIPPING CLAIMS of goods, or for any damages suffered by Buyer by reason of such It is the sole responsibility of the Buyer to inspect all shipments at the delay. This also applies to any such delay, directly or indirectly, caused time of receipt, both by comparing the number of packages received to by, or in any manner arises from, production delays, fires, floods, the number outlined on the Bill of Lading, and by inspecting the accidents, civil unrest, acts of God, war, governmental interference or packaging for damage. Damage, loss, or shortage must be noted on embargoes, strikes, labor difficulties, shortage of labor, fuel, power, the signed Proof of Delivery prior to the departure of the delivery driver, materials, or supplies, transportation delays, or any other cause or and must be reported to Victor Stanley, LLC within seven (7) days. causes (whether or not similar in nature to any of these herein before Replacement cannot be guaranteed for damage, loss, or shortage not specified). clearly noted on delivery paperwork and promptly reported to Victor Stanley, LLC. This includes damage to materials that will be stored for NONCONFORMITY later use. All products made by Victor Stanley, LLC are inspected before shipment, and should any of such materials prove defective due to faults in manufacture, or fail to meet the written specifications accepted by Victor Stanley, LLC, Buyer shall not return the goods, but notify Victor Stanley, LLC immediately, stating full particulars in support of claim, and Victor Stanley, LLC will either replace goods upon return of the defective or unsatisfactory material or adjust the matter fairly and promptly, but under no circumstances shall Victor Stanley, LLC be liable for consequential or other damages, losses, or expenses in connection with or by reason of the use of or inability to use materials purchased for any reason. 30  Village Board of Trustees Executive Session December 17, 2024 6:59 p.m. An Executive Session of the Board of Trustees of the Village of Briarcliff Manor, New York was held at the William J. Vescio Community Center on the 17th of December, 2024 commencing at 6:59 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Malcolm Netburn, Trustee Also Present Josh Ringel, Village Manager Josh Subin, Village Attorney Christine Dennett, Village Clerk/Assistant Village Manager Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn into an Executive Session to discuss a real estate matter. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the Board voted unanimously to authorize the Village Attorney to execute an agreement for an appraisal for real property. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the Executive Session at 7:40pm. Respectfully Submitted By, Christine Dennett, Village Clerk/Assistant Village Manager 31