Mayor & Board of Trustees

Village Board of Trustees Regular Meeting June 3, 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 3rd of June, 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 Christine Dennett, Village Clerk/Assistant Village Manager Josh Subin, Village Attorney Absent Rhea Mallett, Trustee Pledge of Allegiance Continued Public Hearing to amend Chapter 45, Planning Board Deputy Mayor Chatzky gave a brief synopsis of the proposed changes. There were no public comments. The Board had general discussion regarding changes and referred it to the Planning Board for their review and comment. Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to adjourn the public hearing to July 1, 2025. Public Hearing to Renew a Special Use Permit Briarcliff Congregational Church Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the Board voted unanimously to open the public hearing. Deputy Mayor Chatzky gave a brief synopsis of the proposed changes. There were no public comments. 1 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the Board voted unanimously to adjourn the public hearing to June 17, 2025. Public Hearing to Renew a Special Use Permit Scarborough Presbyterian Church Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Deputy Mayor Chatzky gave a brief synopsis of the proposed changes. There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the public hearing to June 17, 2025. Board of Trustees Announcements  Summer Reading Programs for Adults and Children will begin soon.  The Library is hosting an acrobat show on 7/1.  Pool, Tennis and Pickleball permits are on sale and the Recreation Department is offering extended hours. Visit their website for details.  Volunteer to join the Fire Department and Ambulance Department. Village Manager’s Report  A food scrap grant was awarded to the Village.  There are a number of bids out and will be awarded at an upcoming meeting.  The 25mph reduced neighborhood speed limit is in effect.  The Jackson Park basketball court refurbishment project is delayed due to inclement weather.  Georgina Gualdino is retiring after many years of service to the Village.  The food truck event was a huge success last week. Thanks for the Recreation Department for hosting it. Committee Report  No report. Public Comments There were no public comments. Authorize Mayor to Execute an Agreements: Village Treasurer The Board thanked the Treasurer for all her hard work and stated she did an amazing job. 2 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, with one abstention by Mayor Vescio, the Board voted to approve the following resolution: BE IT RESOLVED that the Mayor is authorized to execute an agreement with Kathryn Nivins in her capacity as Village Treasurer from the adoption of the resolution through May 31, 2029. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Abstain Land Development Agreement with License and Exclusive Option Village Manager Ringel stated the Village purchased 1050 Pleasantville Road and did an RFEI and found a preferred developer to form a public/private partnership. He further gave an overview of the project and stated there would be a public presentation on June 10th at 6:30pm. Mr. Patrick Normoyle of Briarhouse, LLC, stated it would be a legacy project for the Village and thanked the Mayor, Board and LDC. He further stated he was excited to work with the community. Upon motion by Trustee Netburn, seconded by Trustee Deputy Mayor Chatzky, with one abstention by Mayor Vescio, the Board voted to approve the following resolution: RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF BRIARCLIFF MANOR (THE “VILLAGE”) AUTHORIZING (i) THE SELECTION OF BRIARHOUSE, LLC (THE “COMPANY”) AS PREFEERED DEVELOPER IN CONNECTION WITH A CERTAIN PROPOSED PROJECT (AS FURTHER DEFINED HEREIN) TO BE UNDERTAKEN BY THE VILLAGE, THE BRIARCLIFF MANOR LOCAL DEVELOPMENT CORPORATION (THE “CORPORATION”) AND THE COMPANY; (ii) THE EXECUTION AND DELIVERY OF A CERTAIN LAND DEVELOPMENT AGREEMENT WITH LICENSE AND EXCLUSIVE OPTION (THE “LDA”) WITH THE CORPORATION AND COMPANY; (iii) THE GRANT OF AN EXCLUSIVE OPTION AND RELATED LICENSE AGREEMENT (AS DEFINED WITHIN THE LDA); AND (iv) RELATED MATTERS. WHEREAS, the Village is the fee owner of the following parcels of real estate located within the Village: (i) 1050 Pleasantville Road, a 2.64-acre parcel of real property identified as Tax Parcel Number 98.10-1-51 (the “1050 Parcel”), such 1050 Parcel having been acquired by the Village on May 17, 2022 with portions of the proceeds of $2.5M in general obligation bonds of the Village (the “Bonds”), such 1050 Parcel being currently improved with a municipal 3 parking lot, along with related curbing and surface improvements (the “Existing Improvements”), and (ii) 1030 Pleasantville Road, a 3.57-acre parcel of real property identified as Tax Parcel Number 98.14-1-29 (the “1030 Parcel”), together herein with the 1050 Parcel, the “Parcels”, such Parcels being more particularly described and depicted within Exhibit A, hereto), such 1030 Parcel having been owned by the Village for many years and with no associated debt or obligations and currently vacant land without any improvements or dedicated use; and WHEREAS, the Corporation was established by the Village and is a duly- established, not-for-profit local development corporation of the State pursuant to Section 1411 of the Not-for-Profit Corporation Law (“N-PCL”) and a Certificate of Incorporation establishing the Corporation was filed with the New York Secretary of State on November 13, 2024, for the charitable and public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest; and WHEREAS, in furtherance of the Village’s needs for additional and modern police, public safety and justice court facilities, the Village previously issued a certain Request for Expressions of Interest (“RFEI”) for the redevelopment of the Parcels to fulfill the Village’s needs and possible co- location and development of mixed use commercial and residential facilities and, after receiving various proposals and conducting interviews with interested developers, the Village and the Corporation have selected the Company to undertake the proposed Project, as defined herein; and WHEREAS, the Village seeks to facilitate the planning, design, engineering, construction and operation of the following Project (herein, the “Project”), which is contemplated to include the following elements: (i) a new Village Police Station and Village Court Facility as well as associated secure and public parking areas to be located upon a portion of the 1030 Parcel and comprising approximately 11,250 square feet of building space, the internal fit up and equipping of police and justice court spaces, and related exterior site improvements, utility improvements, parking lots, drainage, landscaping, curbing, sidewalk, street lighting, signage and other improvements (collectively, the “Justice Center”); (ii) a newly constructed, mixed-use multi-building multi-family residential and commercial facility to be located upon the 1050 Parcel and a portion of the 1030 Parcel (as subdivided) and consisting of approximately 86 residential units, approximately 10,000 square feet of multi-tenanted commercial retail spaces, and related exterior site and utility improvements, including parking lots with a capacity of at least 154 parking spaces, with approximately 28 parking 4 spaces to be dedicated to public use (the total number of parking spaces subject to adjustment based on the results of the Parking Study, as hereinafter defined, and all applicable Site Plan approvals relative to same), curbing, sidewalk, drainage, landscaping, lighting, signage and other improvements (collectively herein, “Briarhouse”); and (iii) various public improvements within and upon the 1050 Parcel and 1030 Parcel to complement the commercial and residential uses of Briarhouse, including (a) a new public plaza space and elevated terrace on a portion of the 1050 Parcel (herein, the “Public Plaza”), and (b) various access improvements, streetscapes, and recreational trail improvements to portions of both the 1050 Parcel and 1030 Parcel (collectively herein, the “Trail System”), both of which are to be offered for dedication to the Village upon completion; and WHEREAS, pursuant to N-PCL Sections 1411(d)(1) and (2), and notwithstanding the provisions of any general, special or local law, charter or ordinance to the contrary, the Village is empowered by resolution to: (i) determine that specifically described real property is not required for use by the Village, and (ii) sell or lease same to the Corporation upon such terms as the Village and the Corporation may agree, without need for appraisal, public notice, or public bidding; and WHEREAS, in furtherance of the Village’s municipal purposes, powers, needs and requirements to provide necessary services and facilities, and the Corporation’s purposes and powers that include lessening the burdens of government, and as more particularly set forth within a certain proposed Land Development Agreement with License and Exclusive Option (the “LDA”), the Village desires to authorize the execution and delivery of the LDA to memorialize the terms and conditions by which: (i) the Village will name the Company preferred developer and grant the Company exclusive development rights relating to the Project (as further detailed within the LDA), (ii) the Village and Corporation will grant the Company with an exclusive Option (as defined within the LDA) to acquire yet-to-be defined portions of the 1050 parcel and yet-to-be defined portions of the 1030 Parcel, as subdivided (collectively herein, the “Property”, being those certain portions of the Parcels as ultimately subdivided and included as the assemblage for Briarhouse), and (iii) the Village, Corporation and Company will work collaboratively in connection with the Company’s application and process all necessary approvals to undertake the Project, (iv) the Company will construct and deliver the Justice Center, Public Plaza and Trail System as agent and contractor of the Corporation, and (v) the Company will construct and operate Briarhouse; and WHEREAS, subject to the terms of the LDA, the Village will undertake the disposition of fee title to the Property to the Corporation subject to the Option rights of the Company, along with certain limited development lease rights to the Public Plaza, Trail System and portions of the 1030 Parcel to construct the Justice Center, Public Plaza and Trail System, all pursuant to and in accordance with N-PCL Section 1411(d), which will specifically entail: (i) the surplus of fee 5 title to the Property to the Corporation (subject to the Option rights of the Company) for no consideration; and (ii) the surplus of a ground lease interest (the “Ground Lease”, as defined herein) in and to the Public Plaza, Trail System and portions of the 1030 Parcel to allow the Corporation sufficient rights to contract with the Company to undertake the construction and equipping of the Justice Center, Public Plaza and Trail System pursuant to a certain Public Improvement Construction Agreement (as more particularly defined within the LDA), with the Company timely paying all costs and fees associated with same and delivering the completed Justice Center, Public Plaza and Trail System to the Corporation and Village free and clear of all liens and encumbrances; and WHEREAS, in furtherance of the Village’s desire to induce the Corporation and the Company to collaborate to undertake the planning, design, engineering and permitting for the Project, which currently remains undefined as to final scope, the Village desires to (i) name the Company as preferred developer and grants the Company exclusive development rights relating to the Project (the “Development Rights”, as defined within the LDA), (ii) grant the assignable, conditioned and exclusive Option in favor of the Corporation and Company (the “Option”, as defined within the LDA), and (iii) authorize the execution and delivery of the LDA, along with the Village’s undertaking of its obligations contained therein. NOW, THEREFORE, BE IT RESOLVED, by the Village Board that the Village hereby authorizes and approves the following: (i) the Village hereby selects and identifies the Company as preferred developer for the Project, and grants the Company the Development Rights, as defined within the LDA; (ii) the Village hereby grants the assignable, conditioned and exclusive Option in favor of the Corporation and Company, and (iii) the Village hereby authorizes the execution and delivery of the LDA (in substantially the form set before this meeting and attached hereto as Exhibit A, along with the Village’s undertaking of its obligations contained therein. BE IT FURTHER RESOLVED, that pursuant to and in accordance with the LDA, the Village shall grant to the Corporation and Company of a revocable license to access the Property for purposes of undertaking the investigation, planning, design, and permitting of the Project, (iii) the Company shall be obligated to undertake the planning, design, engineering, permitting, finance and construction of the Project, including all necessary zoning and site plan approvals, (iv) the Company shall be obligated to cause the Project to be reviewed in accordance with the State Environmental Quality Review Act, as codified under Article 8 of the New York Environmental Conservation Law and Regulations adopted pursuant thereto including 6 NYCRR Part 617.1 et seq. (“SEQRA”), with such review being contemplated to be a Type I Action (as defined pursuant to SEQRA) for which a coordinated review will be undertaken by the Village Board, and (v) upon satisfaction of the foregoing general 6 contingencies, along with the Express Contingencies, as defined within the LDA, and following future conduct of applicable public hearings and Village approvals pursuant to N-PCL Section 1411(d), the Corporation and the Company would exercise the Option to acquire the Property from the Village and undertake the Project. BE IT FURTHER RESOLVED, that pursuant to and in accordance with the LDA, and as outlined therein, the Village hereby authorizes the Village Treasurer to undertake the reallocation of the proceeds of the Bonds to include land acquisition and the proposed improvements associated with Public Plaza and Trails System elements to be located upon the Parcels, including the reservation of unencumbered fund balance in the amount of $2,000,000.00 (the “Reallocated Bond Proceeds”) with yield restriction for the maximum reallocation period (5 years from issuance of the Bonds, or May 12, 2027, and herein, the “Reallocation Deadline”). BE IT FURTHER RESOLVED, that the Mayor, Deputy Mayor, and/or Village Manager are hereby authorized, on behalf of the Village, to execute and deliver the LDA along with related documents (the “Documents”) with such changes as shall be approved by the Mayor, Deputy Mayor, Village Manager and Village Attorney upon execution. BE IT FURTHER RESOLVED, the officers, employees and agents of the Village are hereby authorized and directed for and in the name and on behalf of the Village to do all acts and things required and to execute and deliver all such certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolutions and to cause compliance by the Village with all of the terms, covenants and provisions of the Documents executed for and on behalf of the Village. BE IT FURTHER RESOLVED, that these resolutions shall take effect immediately upon adoption. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Abstain License Agreement with Briarcliff Manor Local Development Corporation Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, with one abstention by Mayor Vescio, the Board voted to approve the following resolution: 7 WHEREAS, the Village of Briarcliff Manor (the “Village”) and the Briarcliff Manor Local Development Corporation (the “Corporation”) desire to enter into a License Agreement to allow the Corporation to utilize certain office space and amenities within the Village-owned facility located at 1111 Pleasantville Road, Briarcliff Manor, New York, and WHEREAS, the License Agreement sets forth the terms and conditions under which the Corporation may occupy and utilize such office space, including access to Village equipment and services, for a period of five (5) years with an option to renew, and WHEREAS, the Village Board of Trustees has reviewed the terms and conditions of the proposed License Agreement and finds it to be in the best interests of the Village; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby authorizes the Mayor to execute the License Agreement with the Briarcliff Manor Local Development Corporation, substantially in the form presented to the Board, together with such changes as may be approved by Village Counsel, and to take all actions necessary to effectuate the purposes thereof. Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Abstain BESS Committee Initial Recommendations Presentation Village Engineer, Kevin Leddy, gave a presentation on the work the BESS Committee put together since the start of the moratorium for both Tier 1 and Tier 2 systems and provided their recommendations. Mr. Michael Mezzacappa, stated he was an attorney that represented victims of fires caused by lithium batteries and battery storage systems and the Village did not want these. He stated they weren’t safe and the plumes could not be controlled. He further stated there was no setback that would be safe. The Board thanked the Village Engineer for his presentation. 24/25 Capital Budget Transfers Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: 8 BE IT RESOLVED that the Board of Trustees does hereby authorize the following capital budget transfers for FY 2024-2025 as follows: A. 24/25 Capital Projects funded from Water Fund – FB Increase: F0102.5031 Transfer in from Water FB $6,400.00 F9901.910 Transfer to Capital 6,400.00 Increase: H0102.5033 Transfer in from Water Fund $6,400.00 H8397 201 24486 Tri-Village Tablet Chlorinator 6,400.00 Roll Call: Trustee Netburn Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Authorize Village Manager to Execute Agreements: Harris Beach Murtha 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 Harris Beach Murtha PLLC, Attorneys at Law for Legals Services as set forth in the agreement. Fiscal Advisors & Marketing, Inc. Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, 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 Fiscal Advisors & Marketing, Inc. for financial advisory services. Adoption of Bench Donation Policy Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Board of Trustees hereby adopts the following Bench Donation Policy for the Village of Briarcliff Manor subject to non-material changes: 1. Purpose 9  1.1 The purpose of this policy is to establish guidelines for the donation of benches to the Village of Briarcliff Manor, including the installation, maintenance, replacement, and location of donated benches. This policy follows past practice that has been in place. 2. Policy Statement 2.1 The Village of Briarcliff Manor welcomes and appreciates donations of benches to enhance public spaces for the enjoyment of residents and visitors. Donations are subject to the conditions outlined in this policy to ensure consistency, quality, and compatibility with the character of the Village. Bench donations have historically been on sidewalks, in public parks or in front of public buildings. 2.2 The bench and associated plaque are considered a limited-purpose commemorative space, and not a platform for public expression. As such, inscriptions that advocate for political, religious, or social viewpoints, or contain advertising, slogans, or controversial language will not be permitted. The Village Manager retains sole discretion to determine appropriateness of any inscription, and their decision is final. 2.2.1 For the purposes of this policy, advertising shall be defined as any language that promotes, markets, or solicits commercial services, products, or businesses. The mere inclusion of a business name as part of a commemorative context (e.g., identifying where the honoree worked) is permissible, provided it is not used in a promotional or suggestive manner.  Examples of acceptable plaque inscriptions include: o "In Loving Memory of Jane Doe, Beloved Partner and Friend to All – 1960-2024" o “John Smith, A Friendly Face at Briarcliff Hardware for 25 Years – Thank You for the Smiles.” o "Dedicated to John Smith, Who Loved These Trails – 1950-2018" o "In Honor of Our Volunteers, Thank You for Your Service" 2.3 All plaque submissions must be reviewed in writing by the Village Manager or their designee prior to order. A digital record (photo or scan) of the approved inscription shall be stored with the donation record. 2.4 The Village Manager’s Office shall be responsible for the implementation of this policy. 10 3. Bench Donation Guidelines 3.1 Donation Costs & Bench Style:  All bench donations must be fully funded by the donor. This includes the cost of the bench and an accompanying plaque, if desired. o Plaques accompanying benches are to be provided by the donor and are subject to Village approval in terms of content, size, and appearance.  The Village of Briarcliff Manor will cover the cost of concrete and install (if using Village personnel) of the bench at the designated location. o If a contractor(s) is required for the bench(s) to be installed, such costs shall be covered by the donor.  Donations are limited to the bench style/standard currently implemented in the proposed location subject to the sole discretion of the Village. 3.2 Location & Installation:  The donor will work with the Village to determine an appropriate location for the bench. The Village retains final authority over the location of all donated benches to ensure consistency with Village planning and public use. The Village Manager shall work with two other Village Department Heads (TBD) to select appropriate locations for installation.  Benches will be installed by Village personnel or contractors at the Village’s discretion.  Concrete bases for benches will be provided and installed by the Village.  Benches are generally expected to remain in their original location for a period of ten (10) years. That said, the Village may move, repaint, powder coat or otherwise change the appearance of the bench at any time for any reason without prior notice. o Should a bench be damaged beyond repair, it may be replaced via bench donation from another party after following through with Policy 3.3 11 3.3 Maintenance and Replacement:  The Village of Briarcliff Manor will attempt minor repairs to damaged benches.  In the event of damage that cannot be repaired by the Village, the Village will make best efforts attempt to contact the original donor to provide them the opportunity to fund a replacement. Should the original donor not be reachable, or not wish to fund, the location may be offered to others for a new bench donation.  Should a plaque need a replacement, the Village will make best efforts attempt to contact the original donor to provide them the opportunity to fund a replacement. Should the original donor not be reachable, or not wish to fund, the Village may make the bench “unrepresented” by a donor. An unrepresented bench may not have a new plaque added.  If a large portion of benches are destroyed by an act of god (example: a major flood event washes away the benches at Scarborough Park) the Village may elect to replace the benches with a like-kind replacement. 3.4 Record Keeping:  The Village will maintain records of bench donations from the original adoption date onward. Donors are encouraged to keep their contact information current with the Village to facilitate future communication.  Records shall include the donor’s name, contact information (email and phone number), date of donation, bench location, plaque inscription.  Donors are encouraged to notify the Village of any changes to their contact information. 3.5 Amendments & Miscellaneous:  This policy may be amended by the Village Board of Trustees as necessary to address changing conditions or administrative requirements.  By way of adopting this policy, bench donations are not subject to resolution approval of the BOT. 12   The Village Manager shall endeavor to alert the Board of newly donated benches once installed. Schedule a Public Hearing to Add a New Chapter 40, Notifications of Defect 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 June 17, 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 to add Chapter 40, Notifications of Defect. Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the minutes of the May 20, 2025 Regular Meeting. Roll Call: Trustee Hunt Aye Trustee Netburn Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Adjournment Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the Regular Meeting at 9:00pm. Respectfully Submitted By, Christine Dennett Village Clerk/Assistant Village Manager 13