Mayor & Board of Trustees

Village Board of Trustees Regular Meeting March 25, 2025 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 March, 2025 commencing at 7:30 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 Absent Rhea Mallett, Trustee Pledge of Allegiance Continued Public Hearing to Amend a Special Use Permit and Intent to Declare Lead Agency – Trump National Mr. Philip Benza, representing the Applicant, stated they agreed to the requests of the Village related to the Storage Building. Mr. Mike Kapareiko, Geologist, provided a brief review of the memoranda. Mr. Steve Robbins, a consultant for the Village from Woodard and Curran gave a recap of the memorandum they provided. Mr. Kevin Leddy, Village Engineer, stated he was ok with the review and it covered all the regulatory items necessary and requested a minor addition to the language in the resolution. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the public hearing. Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution as amended: Trump National Golf Club Westchester 100 Shadow Tree Lane, Briarcliff Manor, NY 1  Resolution of Amended Special Permit Approval WHEREAS, by Resolution adopted on January 10, 2000, the Board of Trustees of the Village of Briarcliff Manor issued a Special Permit Approval to Trump Briarcliff Manor Development, LLC to renovate and upgrade an existing 18-hole golf course, replace an existing clubhouse, construct ancillary facilities for and incorporate adjacent residential property into the golf course, and construct 87 residential units on a site and adjacent parcels located in the vicinity of Pine Road; and WHEREAS, by letter dated January 4, 2011, Sullivan Architecture, PC, submitted on behalf of Trump National Golf Club, an application for Amended Special Permit approval to construct a new 1-story building of approximately 5,900 square feet, to be located just south of the existing clubhouse and to include a pro-golf shop of approximately 2,250 square feet and 6 guest rooms of approximately 3,650 square feet in the aggregate for members’ use; and WHEREAS, by Resolution adopted on May 18, 2011, the Board of Trustees issued an Amended Special Permit to the Trump National Golf Club allowing the amendments to the Special Permit outlined in the preceding Whereas; and WHEREAS, on October 31, 2024, the Board of Trustees received an application dated October 31, 2024 submitted by Trump National Golf Club Westchester (the “Applicant”/”Golf Club”) for Amended Special Permit Approval to install a new 2,138 square foot single-story prefabricated storage building and drill and construct up to seven additional irrigation test wells (the “Project”) on the Golf Club property which operates as a “club” within a residential district as regulated under Village Code Chapter 220-6J.(6) all to be located on the existing Golf Club property located at 100 Shadow Tree Lane (Section 98.14, Block 1, Lots 1) within the Village’s R40B Zoning District (the “Project Site”); and WHEREAS, the new building would be constructed in an existing paved area adjacent to the tennis courts and would be used for equipment and supply storage by the maintenance staff and the seven proposed test well locations are located within existing maintained areas of the golf course and would be used to replenish the Irrigation Pond and reduce the use of purchased municipal water as an irrigation source; and WHEREAS, in support of its Application, the Applicant submitted the following documents and plans: 1. Cover letter prepared by Weston & Sampson, PE, LS, LA, PC dated October 31, 2024 2  2. Board of Trustees Special Use Permit Application dated October 31, 2024; 3. Code of Ethics, dated October 31, 2024; 4. Existing Special Permit Approval, dated May 18, 2011; 5. Property Boundary Survey Prepared by J.W. Delano Surveying Consultants (2 Sheets), dated November 9, 20215; 6. Proposed Building Design Plans prepared by Dimovski Architecture (3 sheets), dated March, 28, 2017, revised October 28, 2024; 7. Stormwater Pollution Prevention Plan for Proposed Building Prepared by Arben Corporation, dated October 28, 2024; 8. Stormwater Pollution Prevention Plan for Proposed Irrigation Test Wells (7 Sheets) prepared by Weston & Sampson Engineers, Inc., dated October 30, 2024; 9. Wetland Permit Report Prepared by KSCJ Consulting, dared October 31, 2024; 10. Letter from Trump National Golf Club General manager dated October 25, 2024; 11. Letter from Weston and Sampson dated February 27, 2025; 12. Request for Jurisdictional Determination from Weston and Sampson to NYSDEC dated March 17, 2025; 13. Fracture Lineament Exhibits from Weston and Sampson, untitled and undated, received on March 19,2025; and WHEREAS, most of the footprint of the proposed prefabricated storage building is situated above an existing Village sanitary sewer main within a 25-foot-wide sewer easement; and WHEREAS, the proposed drilling activities at two of the proposed wells (TW-1 and TW-6) will temporarily disturb 1,120 sf and 575 sf, respectively, of slopes between 15% and 25% and four of the test wells (TW-2, TW-3, TW-4, and TW-5) are proposed to be constructed within wetland buffer areas; and WHEREAS, the Board of Trustees reviewed the Short EAF Part 1 for preliminary assessment of the environmental impacts of the Project under the State Environmental Quality Review Act (“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 SEQR, and by Resolution adopted December 17, 2024, declared its intent to serve as Lead Agency for the purpose of a coordinated review of the environmental impacts of the Project under SEQRA, directed the Village Clerk to transmit and file a notice, dated December 18, 2024 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 3 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, Westchester County Department of Planning, Westchester County Planning Board, Westchester County Department of Health, and New York State Department of Environmental Conservation (NYSDEC); and WHEREAS, by resolution adopted November 26, 2024, 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 December 17, 2024; 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 WHEREAS, the Board of Trustees held a duly advertised Public Hearing on issuance of the Amended Special Permit at William J. Vescio Community Center at 7:30 PM on December 17, 2024, which was continued on January 21, 2025, February 4, 2025, March 4, 2025, and March 28, 2025at which time the Board heard oral comments from the public, and representatives of the Applicant, and gave the opportunity to be heard to all those wishing to be heard; and WHEREAS, following the public hearing on March 28, 2025, the Board of Trustees closed the public hearing; and WHEREAS, pursuant to New York General Municipal Law Sec. 239-m and Westchester County Administrative Code Sec. 277.61 and 277.71, the Application was referred to the Westchester County Planning Board/Department; and WHEREAS, the Westchester County Planning Department responded to the referral by correspondence dated January 27, 2025; and WHEREAS, the County Planning Board raised concerns about the location of the four test wells proposed to be constructed within wetland buffer areas and recommended that construction and alteration of land within regulated wetlands and stream/wetland buffers should be avoided; however, they note that the wetlands in question were human constructed, and that a Stormwater Pollution Prevention Plan (SWPPP) has been established for the proposed wells and they 4 further recommend that the Village and the Applicant continue work to ensure that mitigation measures are sufficient to alleviate disturbance to the wetlands and their buffers; 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 discussed the referral at its December 12, 2024 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 Special Permit; and WHEREAS, the Board of Trustees considered the Short EAF Part 1, the Short EAF Part 2, memoranda from the Westchester County Department of Planning dated January 27, 2025, from Village Planning Consultant BFJ Planning dated November 14, 2024, from Village Engineering Consultant DTS Provident dated November 11, 2024, from the Village’s Wetland Consultant Alexandra Moch dated November 23, 2024, from the Village Hydrogeological Consultant Woodard & Curran dated February 18, 2025 and February 28, 2025, from the Village’s supplemental Wetland Consultant Woodard & Curran dated March 18, 2025, other written submissions, and oral comments made at the Public Hearing; and WHEREAS, the Proposed Action has been subject to a coordinated review by the Board of Trustees as Lead Agency under SEQRA, and the Board of Trustees has concluded that issuance of the Amended Special Permit to the Applicant will not result in any significant adverse environmental impact; and WHEREAS, the Planning Board issued a general recommendation of support for the Amended Special Permit at its December 12, 2024, meeting, and raised no objection to the Board of Trustees acting as the SEQRA lead agency; and WHEREAS, the Board is familiar with the 100 Shadow Tree Lane site which is currently improved with the Trump National Golf Club and related structures, which was previously subject to Special Permit review and approval in 2000 as amended in 2011; and WHEREAS, the Special Permit review and approval in 2000 had previously analyzed and encouraged the continued use of well water to meet course irrigation needs; and 5 WHEREAS, the Project is consistent with the past use of the site and the Village’s Comprehensive Plan, as amended, and zoning; and WHEREAS, pursuant to the requirements of Village Code Chapter 220-6D., the Applicant has submitted the requisite studies 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, the Board of Trustees adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. FURTHER RESOLVED, in its consideration of the Trump National Golf Club Westchester application, the Board of Trustees has reviewed and relied on: 1. Special Permit Application letter prepared by Weston & Sampson dated October 31, 2024, and accompanying Plans, Short Environmental Assessment Form, Part 1, traffic and drainage narrative and other analyses provided pursuant to §220-6.D. 2. Memorandum from BFJ Planning reviewing special permit criteria, planning and zoning issues dated October 31, 2024. 3. Memorandum from DTS Provident reviewing civil engineering issues dated November 14, 2024. 4. Memorandum from Alexandra Moch reviewing wetland issues dated November 23, 2024. 5. Memoranda from Woodard & Curran reviewing water issues dated February 18, 2025, and February 28, 2025. 6. Memorandum from Woodard and Curran reviewing wetland issues dated March 18, 22025. 7. Comment Letter from the Westchester County Planning Board dated January 27, 2025. 8. Short EAF, Part 2 prepared by BFJ Planning. 9. Presentations and statements made at the Public Hearing(s). 6 FURTHER 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. FURTHER 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 FURTHER 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. FURTHER RESOLVED, that the Board of Trustees hereby finds that the construction and proposed use of the Project is consistent with the conditions and standards of Village Code §220-6; and FURTHER RESOLVED, that the Special Permit issued for the Project is hereby amended to permit the construction and proposed use of the Project, which shall be subject to all of the terms and conditions herein and as may be set forth in a resolution to be issued by the Briarcliff Manor Planning Board, and any other Jurisdictions Having Authority over the proposed Activities, to be obtained by the Applicant granting an amendment of the Existing Site Plan Approval relative to the Project, along with a steep slopes permit and wetland permit; and FURTHER RESOLVED, the Board of Trustees finds that: 1. The Golf Club’s use of its property and location(s) on the site, the nature and intensity of the operations and traffic in connection with it, the size of the site in relation to it, and the location of the site with respect to the type, arrangement, and capacity of streets giving access to it are in satisfactory harmony with the appropriate and orderly development of the zoning district in which the Golf Club is located. 2. The location, nature, and height of buildings and the nature and extent of the landscaping and screening existing on the site under the Proposed 7  Site Plan are such that the Golf Club does not hinder or discourage the appropriate development and use of adjacent land and buildings. 3. The Facility’s operations are not more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting, than would be the operations of any permitted use on the site not requiring a special permit. 4. The character, intensity, size, and location of the Facility is generally in harmony with the orderly development of the zoning district in which the Property is located and will not be detrimental to the orderly development of adjacent districts. 5. The Golf Club will ensure that its operations and improvements on the site under the Proposed Site Plan will not impair the use, enjoyment, or value of adjacent residential properties. 6. The nature and intensity of the Golf Club and the traffic generated by it is not especially hazardous, incongruous, or detrimental to the prevailing residential character of the neighborhood. 7. The Golf Club and its operations and improvements on the site under the Proposed Site Plan is and will be harmonious with the 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. FURTHER RESOLVED, that the Board of Trustees imposes the following conditions on the issuance of the Amended Special Permit to the Golf Club: 1. Except as otherwise set forth in these conditions or approved by the Board of Trustees in a future amendment to the Special Permit, the Amended Special Permit is conditioned and contingent on the Village Planning Board approval of the Proposed Site Plan in the form set forth in drawings SP-1 “Site Plan” prepared by Dimovski Architecture and Figure 1 “Site Plan” prepared by Weston & Sampson as may be modified by the Planning Board during Site Plan review. 2. Except as otherwise set forth in these conditions, no change shall be made on the site to add an improvement or to change the footprint or location of any improvement shown on the Proposed Site Plan Amendment approved by the Village Planning Board (“Site Plan”) unless approval for the addition or change is obtained from the Village Planning Board under Village Code §220–14. 3. Approval of the Amended Special Permit is conditioned upon the Applicant receiving a Steeps Slopes Permit and a Wetlands Permit from the Village Planning Board. 8 4. All applicable fees, charges, and reimbursements charged to the Applicant by the Village on the Village’s review and determination of the Application, the Amended Special Permit, the Proposed Site Plan, and any matter incidental to any of the same shall be paid by the Applicant before the Special Permit takes effect. 5. The Applicant shall CCTV inspect approximately 285 linear feet of the existing sanitary sewer line in the vicinity of the proposed new structure and provide a copy of the report to the Village prior to issuance of a Building Permit. 6. The Applicant shall repair or replace any damaged or defective sanitary sewer piping denoted in the Applicant’s sanitary sewer report prior to issuance of a Certificate of Occupancy for the new building. The Applicant agrees to maintain and repair, in perpetuity and at the Applicant’s sole cost and expense, the sanitary sewer main within the 25-foot-wide sewer easement. 7. The Applicant shall cure in place pipe (CIPP) line approximately 285 linear feet of existing sanitary sewer line in the vicinity of the proposed structure in accordance with industry standard practices. Such work shall be coordinated with the Village and be completed prior to issuance of a Certificate of Occupancy for the new building. 8. The Applicant shall obtain all necessary permits and approvals to perform the actions noted in items 5, 6, and 7, 9. The Applicant shall enter into an agreement with the Village and the Department of Public Works to allow for access at all times for any reason. Such agreement shall hold the Village harmless and indemnify the Village from damage which may occur out of the Village’s need to access, maintain, or repair its infrastructure. Such agreement shall be entered into by both the Applicant and the Village before the Special Permit takes effect. 10. The Applicant shall receive all necessary permits and approvals from the Westchester County Department of Health, NYSDEC, and other Agencies Having Jurisdiction and copies of such permits and approvals shall be provided to the Village Engineer prior to issuance of any permit from the Building Department required for drilling of wells. 11. The Applicant shall copy the Village Engineer on related correspondence with authorities having jurisdiction. If an authority having jurisdiction requires a modification to this approval or a related work plans, the Village Engineer may require the Applicant resubmit the application to the Board or Trustees for a review of the Special Use Permit and require the Applicant submit a proposed amended site plan for Planning Board review. 12. The Applicant shall provide third party inspection reports to the Village Engineer during the time of construction of the setting of containment areas 9  and monitor the process of pumping the test holes located within the wetland jurisdiction. 13. The Applicant shall monitor impacts to wells drilled within wetland buffer areas. Such monitoring report shall be submitted to the Village Engineer for the record. If any of the wells affect wetland/watercourse area their use should discontinued. 14. The Applicant shall provide the pumping test plan, including a plan to identify and notify any nearby property owners who might be potentially impacted by the new wells and minimize or remediate any impacts related thereto, to the Village Engineer for review and approval prior to conducting the pumping test. 15. The Applicant shall allow and reimburse the Village to prepare and perform annual monitoring for at least three (3) years following well installation to assess ecological integrity and to determine if adverse impacts are occurring to the on-site wetlands and waters. Monitoring shall be conducted during the driest time of the year (i.e. July – September) and shall include photographs and completion of the US Army Corps of Engineers Routine Wetland Determination Data Forms for each wetland area to document soils, vegetation, and hydrology. If adverse impacts are observed, the Applicant shall cease all well-related operations and other potentially harmful activities. If in the opinion of the Village Engineer the continued operation of the wells shall have an adverse impact upon wetlands and watercourse, the irrigation wells shall be removed immediately at the Applicant’s sole cost and expense. The Applicant shall prepare and provide to the Village Engineer a mitigation plan to address, remediate and restore any adverse impacts observed during the monitoring. The Applicant shall measure, or otherwise provide access for the Village to measure, the static water levels during the wetland monitoring. Such levels shall be measured from the same location however the Village reserves the right to adjust the location and number of observation locations based upon observed adverse impacts. FURTHER RESOLVED, the Board of Trustees grants the Special Permit to Trump national Golf Club Westchester in accordance with the provisions of Village Code §220–6 subject to the terms and conditions of this Resolution. FURTHER RESOLVED, that the Board of Trustees shall defer to the Planning Board’s review and approval of Applicant’s SWPPP for the Project and Addition, and the Planning Board’s approval of Applicant’s SWPPP under Village Code §184-3.C(1) shall suffice and be deemed to serve also as the Board of Trustees’ 10 approval of Applicant’s SWPPP for the Project and Addition under Village Code §184-3.C(2); and FURTHER RESOLVED, that the violation of any term or condition of this Resolution of Amended Special Use Permit Approval shall place the Amended Special Use Permit and any associated certificate in jeopardy and subject to revocation by the Village; and FURTHER RESOLVED, that except as otherwise provided herein, all other terms and conditions of the aforesaid Resolution of Special Permit Approval dated January 10, 2000 and all of the terms and conditions of the Resolution of Amended Special Permit Approval dated May 18, 2011 shall remain in full force and effect. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the foregoing Resolution is hereby adopted. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Meeting on a Proposed Franchise Renewal Agreement with Verizon New York Inc Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to open the public hearing. Trustee Hunt gave a brief the proposed new agreement and stated the one with Altice would likely be received in the coming weeks. There were no public comments. Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the public hearing. Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: STATE OF NEW YORK Village of Briarcliff Manor County of Westchester 11 In the Matter of the Granting of a Cable Television Franchise Held by Verizon New York Inc. in the Village of Briarcliff Manor, County of Westchester, New York RESOLUTION An application has been duly made to the Board of Trustees of the Village of Briarcliff Manor, County of Westchester, New York, by Verizon New York Inc. (“Verizon”), for the approval of a renewal agreement for Verizon’s cable television franchise for five (5) years commencing with the date of approval by the Public Service Commission. The Cable Franchise Renewal Agreement (“Renewal Agreement”) would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, the regulations of the Federal Communications Commission, the regulations of the New York Public Service Commission and certain court rulings. A public hearing was held in the Village of Briarcliff Manor, New York on March 25, 2025, at 7:30 P.M. and notice of the hearing was published in the Journal News on March 19, 2025 and the Gazette on March 20, 2025. NOW, THEREFORE, the Board of Trustees of the Village of Briarcliff Manor finds that: 1. Verizon has substantially complied with the material terms and conditions of its existing franchise and with applicable law; and 2. Verizon has the financial, legal and technical ability to provide cable services, facilities and equipment as set forth in its proposal attached; and 3. In consideration of the terms and conditions of the Agreement, Verizon can reasonably meet the Village’s future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Briarcliff Manor hereby grants a renewal of the cable television franchise of Verizon in the Village of Briarcliff Manor for five (5) years commencing with the date of approval by the Public Service Commission and expiring five (5) years hence. BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Briarcliff Manor hereby approves the Renewal Agreement. The foregoing having received a 4-0 vote was thereby declared adopted. 12 Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements  Upcoming Registration and Program Information for both the Library and the Recreation Department are listed on the Recreation Department on the website.  Upcoming Dr. Seuss Scavenger Hunt at the Library. Visit their site for more info.  Residents are encouraged to volunteer and join the Fire and Ambulance Departments.  Call for Volunteers. Anyone interested should submit a resume and letter of interest through the website or to BOT@briarcliffmanor.gov.  Mayor Vescio thanked the residents for reelecting him along with Deputy Mayor Chatzky and Trustee Hunt. He stated it was a pleasure to serve the Village and he looked forward to continuing. Village Manager’s Report  Jackson Park Playground is now open. Special thanks to Andrea Stewart Cousins for her funding towards it.  The new drone purchased with grant funding was recently used to save a life of someone that fell off a roadway.  The Village Manager met with local realtors and gave them an update on upcoming projects in the Village. Village Engineer’s Annual Stormwater Management Report: Village Engineer Leddy gave a report on the MS4 general permit and stated there were enhanced reporting requirements from previous years. Trustee Netburn asked if large projects impacted stormwater management and if there was monitoring in place to account for weather changes. Village Engineer Leddy stated the larger developments had to plan for the 100- year storm events and computer models were used to track weather trends. The Board thanked him for his presentation. Committee Report  No report. Public Comments There were no public comments. 13 Scheduling Annual Organizational Meeting & Tentative Budget Public Hearing Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Annual Organizational Meeting of the Board of Trustees is hereby scheduled for Tuesday, April 1, 2025 at 7:00 pm. Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that a Public Hearing for the 2025-2026 Tentative Budget is hereby scheduled for Tuesday, April 1, 2025 at 7:30 pm. Schedule Public Hearing - Property Tax Levy in Excess of the Limit Established in General Municipal Law §3-c Village Manager Ringel gave a brief overview of the law. The Board stated this was adopted annually to potentially cover any needs to exceed the limit or in the event the budget had an error. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the April 1, 2025 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 authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Battery Energy Storage Systems – Moratorium Extension Village Engineer Leddy stated the BESS Committee was very close to providing their review but requested an extension to ensure they had enough time before the moratorium expired. Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: 14 WHEREAS, on October 15, 2024, Village Board of Trustees of the Village of Briarcliff Manor (the “Village Board”) adopted Local Law No. 17 of 2024, entitled A LOCAL LAW TO IMPOSE A MORATORIUM ON BATTERY ENERGY STORAGE SYSTEM FACILITIES, (the “Moratorium Local Law”); and WHEREAS, the Moratorium Local Law was filed with the New York Secretary of State on, and is effective as of October 17, 2024; and WHEREAS, the Moratorium Local Law as adopted established a moratorium on development of Battery Energy Storage Systems (“BESS”) within the Village of Briarcliff Manor in accordance with its terms, a copy of said Moratorium Local Law is annexed to and made a part of this resolution (the “Moratorium”); and WHEREAS, the Moratorium was deemed necessary (i) to provide adequate time for the Village to conduct an appropriate study of BESS, (ii) to prepare recommendations related to BESS, including additions or amendments to the Village’s Zoning Law, (iii) for the Village Board and other involved boards and agencies, and the public to fully and carefully consider these recommendations, and (iv) if applicable, for the Village Board to enact these recommendations; and WHEREAS, the Moratorium was established for a period of one hundred eighty (180) days subject to extension by two (2) additional periods of up to ninety (90) days each by unanimous resolution of the Village Board of Trustees upon a finding of the necessity for such extension; and NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Briarcliff Manor does hereby find that additional time is required for its review of the subject of the Moratorium and finds that same constitutes a finding of necessity for such extension, and hereby approves the first ninety (90) day extension of the Moratorium to expire on July 15, 2025, unless further extended prior thereto in accordance with its terms. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Authorize Village Manager to Execute Agreements New York State Department of Transportation – Snow and Ice Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: 15 BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with the New York State Department of Transportation to extend the Indexed Lump Sum Municipal Snow and Ice Agreement for the period from July 1, 2024 through June 30, 2029 in the amount of $41,624.55. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Pavement Management Group and Budget Transfer Upon motion by Trustee Netburn, 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 agreement with Pavement Management Group (PMG) in the amount of $14,874.95. BUDGET TRANSFERS BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfer for FY 2025-2026 as follows: 24/25 Pavement Mgmt. Project funded from General Fund (GF)–Fund Balance (FB) Increase: A0102-5031 Interfund-Transfers in -FB $14,874.95 A9901-910 Transfer to Capital Fund 14,874.95 Increase: H0102-5032 Transfer In-From General Fund $14,874.95 H5110-201-25440 24/25 Pavement Mgmt. Report 14,874.95 Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye OVAC General EMT Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution as amended: 16 WHEREAS, the Village of Briarcliff Manor (the “Village”) is authorized under New York State law, including but not limited to Section 122-b of the General Municipal Law, to enter into agreements with independent contractors for the provision of emergency medical services to supplement municipal emergency response operations; and WHEREAS, the Village’s Emergency Medical Services, the Briarcliff Manor Ambulance Department (“BMAMB”), is a volunteer department primarily staffed by members of the Briarcliff Manor Fire Department (“BMFD”); and WHEREAS, the Village seeks to supplement its ambulance staffing with contract personnel to ensure continuity and efficiency in emergency medical response; and WHEREAS, the Ossining Volunteer Ambulance Corps, Inc. (“OVAC”), a not-for- profit corporation, has the personnel and expertise necessary to provide licensed Emergency Medical Technicians (EMTs) to support BMAMB in accordance with applicable laws and regulations; and WHEREAS, the Village and OVAC have negotiated an Ambulance Staffing Agreement (the “Agreement”) to formalize these services, with a term commencing on June 1, 2025, and continuing on an annual renewal basis, unless terminated or renegotiated as set forth in the Agreement; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby authorizes the Village Manager to execute the Ambulance Staffing Agreement with OVAC, in substantially the form presented to this Board, subject to any minor modifications deemed necessary by legal counsel; and BE IT FURTHER RESOLVED, that the Village Manager and other appropriate Village officials are hereby authorized to take all actions necessary to effectuate the Agreement, including but not limited to issuing written notices as required under the Agreement; and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Fire Department Service Awards Program 2024 Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: 17 In the matter of approving the 2024 certified points WHEREAS, the Village is the sponsor of a Length of Service Award Program (LOSAP) on behalf of the Briarcliff Manor Fire Department in accordance with Article 11-A of the New York State General Municipal Law (GML); and WHEREAS, as required by GML § 219-a(2)(c), the Briarcliff Manor Fire Department has submitted the attached list, certified under oath, of active members of the Fire Department, indicating those volunteers who earned at least fifty points during 2024 to qualify for service credit; and WHEREAS, the certification made by the Fire Department includes a statement that the points recorded on the attached list have been tabulated in accordance with the Point System adopted by the Village to be in effect during calendar year 2024, and to the best of the knowledge of the Fire Department, is a true and accurate reflection of the activities performed by the active members; and WHEREAS, GML § 219-a(2)(d) requires the Board of Trustees (Board) to review and approve the attached list, then return it to the Fire Department to be posted for thirty days; and WHEREAS, the Board has completed its review of the attached list; NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees approves the attached list of volunteer firefighters of the Briarcliff Manor Fire Department and the points earned by these firefighters during calendar year 2024; and be it further RESOLVED, that a copy of this adopted resolution and the attached list shall be returned to the Fire Department for posting for a minimum of thirty days. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Home Rule Request Occupancy Tax Enactment of a Special Law Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: WHEREAS, Article IX of the New York State Constitution and Section 40 of the Municipal Home Rule Law provide for the passage of a specific bill by 18 the New York State Legislature initiated by a Home Rule Request from local government; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor wish to send a Home Rule Request in support of Senate Bill# S4895 and Assembly Bill# A5394 to amend the N.Y.S. Tax Law in relation to extending the effectiveness of the occupancy tax in the Village of Briarcliff Manor by three years; and WHEREAS, it is hereby determined that a necessity exists for such legislation in that the Village of Briarcliff Manor does not have the power to enact such legislation by Local Law; therefore IT IS HEREBY RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor respectfully submit s a Home Rule Request in support of Senate Bill# S4895 and Assembly Bill# A5394 for the amendment to the provisions of the Tax Law. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Fire Department Membership The Board thanked the new member for volunteering. Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Jake Rubin to the Briarcliff Manor Fire Department. Authorize the Village Manager to Execute an Agreement with Joel R. Dichter of Dichter Law LLC Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: A RESOLUTION AUTHORIZING THE HIRING OF JOEL R. DICHTER OF DICHTER LAW LLC AS SPECIAL COUNSEL TO REPRESENT PARTICIPATING WESTCHESTER MUNICIPALITIES IN CON EDISON'S ELECTRIC AND GAS RATE CASE BEFORE THE PUBLIC SERVICE COMMISSION 19 WHEREAS, on January 31, 2025, Con Edison filed a petition with the New York Public Service Commission to increase electric and gas rates as of January 1, 2026; and WHEREAS, under this petition, electric rates would rise by 18% with residential delivery charges increasing by 25.1%, and natural gas delivery rates rising by 19.1%; and WHEREAS, this Con Edison rate hike proposal comes after an increase of 20% in rates over the past three (3) years and any further significant increases would have negative financial impacts on residents and businesses within Westchester County; and WHEREAS, the Public Service Commission is currently reviewing Con Edison’s petition for an electric and gas rate increase; and WHEREAS, it is in the best interest of the Village of Briarcliff Manor be represented in this matter to ensure the concerns of local governments and its residents are adequately addressed; and WHEREAS, Joel R. Dichter of Dichter Law LLC has the necessary experience and expertise to represent the interests of the participating municipalities in this case and has submitted a proposal dated February 13, 2025 to represent participating municipalities; and WHEREAS, the proposal includes intervening in the rate case, conducting discovery, retaining expert witnesses, preparing briefs, and attending all hearings and any settlement negotiations at a total cost that shall not exceed One Hundred Thousand Dollars ($100,000) which would be split equally among all of the participating municipalities that accept to his representation in this rate case; and WHEREAS, such representation will only proceed if at least twenty (20) municipalities agree to be represented by Joel R. Dichter of Dichter Law LLC; NOW, THEREFORE BE IT RESOLVED by the Board of Trustees of the Village of Briarcliff Manor, as follows: 1. The Municipality hereby authorizes the hiring of Joel R. Dichter of Dichter Law LLC as special counsel to represent participating Westchester municipalities in Con Edison’s Electric and Gas Rate Case before the Public Service Commission; and 2. The Municipality’s share of the legal fees shall be determined based on an equal division among all participating municipalities, with the total amount of such representation not to exceed $100,000 (example: ($100,000 / 20 municipalities = $5,000 each); and 20  3. This authorization shall only take effect if at least twenty (20) municipalities agree to be represented by Joel R. Dichter of Dichter Law LLC in this matter. 4. The Village Manager is hereby authorized to take all necessary actions to execute agreements and related documents and make payments in furtherance of this resolution. 5. This resolution shall take effect immediately. AND BE IT FURTHER RESOLVED, that the Village of Briarcliff Manor shall coordinate the payment to Joel R. Dichter of Dichter Law LLC on behalf of the participating municipalities for representation in this Con Edison electric and gas rate case. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the minutes of the March 4, 2024 Regular Meeting. Adjournment Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the Board voted to adjourn the regular meeting and reconvene as the Board of Police Commissioners at 8:48pm. Board of Police Commissioners Meeting Upon motion by Commissioner Netburn, seconded by Commissioner Chatzky, the Board voted unanimously to open the meeting at 8:48pm. Authorize Village Manager to Execute a Stipulated Settlement Agreement with a Police Officer Upon motion by Commissioner Chatzky, seconded by Commissioner Netburn, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Village of Briarcliff Manor Board of Trustees, acting as a Board of Police Commissioners, does hereby ratify the March 20, 2025 agreement with Employee # 1786; and be it further 21 RESOLVED, that Board authorizes and directs the Village Manager to execute and deliver the Agreement on behalf of the Village. Roll Call: Commissioner Netburn Aye Commissioner Hunt Aye Commissioner Chatzky Aye Commissioner Vescio Aye Adjournment Upon motion by Commissioner Chatzky, seconded by Commissioner Netburn, the Board voted unanimously to adjourn the Board of Police Commissioners meeting at 8:52pm. Respectfully Submitted By, Christine Dennett Village Clerk/Assistant Village Manager 22