Agenda Tuesday March 23, 2021 Board of Trustees Village of Briarcliff Manor, New York Regular Meeting – 7:30 Pm

AGENDA TUESDAY MARCH 23, 2021 BOARD OF TRUSTEES VILLAGE OF BRIARCLIFF MANOR, NEW YORK REGULAR MEETING – 7:30 PM

Due to COVID-19 concerns the meeting will be held via Zoom and also streamed live on https://briarclifftv.viebit.com. Email comments you have prior to the meeting to [email protected] or [email protected].

https://us02web.zoom.us/j/88156212418?pwd=eENqM2ZyVmVWMTh1YnR5Qz UxV1VGZz09

Meeting ID: 881 5621 2418 Passcode: 989233

Dial by your location +1 929 205 6099 US (New York)

Pledge of Allegiance

1. Promotion of Police Officer to Detective

2. Continued Public Hearing – Police Reform Advisory Committee Draft Report

Board of Trustees Announcements Village Managers Report Police Outreach Report Village Engineer’s Report Committee Reports Public Comments

3. Certification of Police Reform Advisory Committee Report

4. Adoption of Public Health Emergency Plans

5. Authorize Village Manager to Execute Retainer Agreements a. Thompson and Bender b. Sive, Pagat and Risel c. Lamb and Barnovsky

6. Appointment of Village Prosecutor

7. Acceptance of Donations

8. Budget Transfers

9. Fire Department Membership

10. Schedule Public Hearing – Amend Chapter 90, Building Construction and Fire Prevention

11. Minutes

NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, MARCH 30, 2021 VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

1. PROMOTION OF A POLICE OFFICER TO DETECTIVE

BE IT RESOLVED that Jan Pierre Chavez of Yorktown Heights, New York is hereby promoted to the position of Police Detective effective March 24, 2021 with an annual salary of $127,904.86 as per the Village of Briarcliff Manor PBA Collective Bargaining Agreement salary scale effective June 1, 2017.

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

2. CONTINUED PUBLIC HEARING – POLICE REFORM ADVISORY COMMITTEE DRAFT REPORT

BE IT RESOLVED that the Public Hearing for the Police Reform Advisory Committee Draft Report is hereby closed.

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

3. CERTIFICATION OF THE POLICE REFORM AND REINVENTION ADVISORY COMMITTEE REPORT

WHEREAS, on June 12, 2020, Governor Andrew Cuomo signed Executive Order 203, requiring local municipalities with police departments to develop a reform plan based on community input; and

WHEREAS, on October 20, 2020, the Village appointed volunteers to serve on an advisory committee for the purposes of developing the aforementioned plan; and

WHEREAS, the advisory committee held two public forums for residents to provide input on the police department and conducted a survey on the community’s interactions with the police department, which was completed by 231 residents; and

WHEREAS, the draft police reform plan that was developed has taken into account all of the above feedback; and

WHEREAS, the Village Board of Trustees held public hearings on March 2, 2021 and March 23, 2021 to hear public comments on the Police Reform Task Force Plan; and

WHEREAS, following the public hearing, the Village Board reviewed the action items proposed by the plan; and

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the Village of Briarcliff Manor Police Reform and Reinvention Collaborative Report subject to non-material changes; and

AND BE IT FURTHER RESOLVED: that certification of such plan shall be transmitted to the state budget director as required by Executive Order 203.

Village of Briarcliff Manor 1111 Pleasantville Road Briarcliff Manor, N.Y. 10510 www.briarcliffmanor.org Telephone: (914) 941-4800 Facsimile: (914) 941-4837

xx March 2021 Village of Briarcliff Manor 1111 Pleasantville Road Briarcliff Manor, N.Y. 10510 www.briarcliffmanor.org Telephone: (914) 941-4800 Facsimile: (914) 941-4837 Transmittal Letter

New York State Police Reform

Village of Briarcliff Manor and Reinvention Collaborative 1111 Pleasantville Road Briarcliff Manor, N.Y. 10510 www.briarcliffmanor.org Telephone: (914) 941-4800 Facsimile: (914) 941-4837

To: Robert F. Mujica, Jr., Director of the Division of the Budget:

ReferenceVillage of is Briarcliff hereby Manormade to the Governor’s Executive Order 203 dated 12 June 2020. 1111 On Pleasantvil behalf ofle theRoad Mayor Briarcliff Manor, N.Y. 10510 andwww.briarcliffmanor.org Board of Trustees of the Village of Briarcliff Manor, I hereby certify that the attachedTelephone: report (914) fully 941 complies-4800 Facsimile: (914) 941-4837 with the letter and spirit of the “New York State and Police Reform and Reinvention Collaborative”. In addition, this letter is our certification that this report was adopted by the Board of Trustees on 23 March 2021.

This report has also been transmitted to your office at [email protected] in keeping with your request. We respectfully request that confirmation of the receipt of this report be made to us at [email protected].

If there are any questions or a need for additional information, please contact me accordingly.

Sincerely,

Philip E. Zegarelli Village Manager

Cc: Mayor and Board of Trustees

Police Reform Advisory Committee

Table of Contents

The Governor’s Initiative...... 3

Addressing the Engagement ...... 3

The Briarcliff Community ...... 3

“This is us” ...... 4

PDRAC Citizen Volunteers ...... 11

The Briarcliff Manor Police Department as an Organization ...... 13

PD Reform Survey ...... 14

PDRAC Recommendations ...... 32

PDRAC Acceptance, Public Hearings and Ratifciation ...... 36

New York State Police Reform and Reinvention Collaborative

Village of Briarcliff Manor (VBM) Police Department Reform and Advisory Committee (PDRAC)

Section 1. The Governor’s Initiative.

In response to issues concerning police departments throughout New York State, on 12 June 2020, Governor Andrew Cuomo signed an Executive Order (the Cuomo Initiative) requiring adoption of a police reform plan by 1 April 2021. The Governor’s mandate was based on the need to restore mutual trust and respect between police and the communities they serve. His directive required VBM to review the needs of our community served by our police department, evaluate our PD’s current policies and practices; establish policies that allow our police to effectively and safely perform their duties utilizing the entire community to provide a discussion and their involvement. The target is to offer a plan for committee and community to provide public comment, develop policy recommendations resulting from this review and present VBM’s plan to the Mayor and Board of Trustees for ratification. This mandate has a timeframe to certify the adoption of VBM’s plan to the New York State Budget Director on or before 1 April 2021.

Section 2. Addressing the Engagement.

In keeping with the Governor’s Initiative to rebuild the police-community relationship by creating a locally based study consisting of Village residents, stakeholders and involved parties of interest, the submission of our report focuses on the VBM Police Department viewed both from within but especially from outside our community: from citizens and stakeholders. This report and recommendations include, but are not limited to, the review of current policing practices, police actions, police regulations and the interface our police officers have within and outside of our community. We believe that the PDRAC as an Ad Hoc Committee designated by the Mayor and Board of Trustees has, by the very nature of its volunteers whether citizens and/or stakeholders, provided a unique perspective focused on community relations, communications and transparency of policies and police responses in the greater VBM community. Contained herein the PDRAC has documented the responses to a series of subjects, the methodology of the effort and the extensive outreach within and without our community. Their focus targeted the need to formulate a series of recommendations for the VBM Mayor and Board of Trustees to consider and have implemented to enhance the Briarcliff Manor Police Department’s policing practices and community awareness and involvement.

Section 3. The Briarcliff Manor Community.

Briarcliff Manor is a Village in Westchester County incorporated by the Laws of the State of New York in 1902. The Village is governed by an elected Mayor and Board of Trustees (M/BOT) which sets policy, is responsible for and safeguards the financial stability of the Village and ensures sound and efficient government operations. Under NYS Village Law (such as the Westchester County Police Act), the M/BOT are also Police Commissioners and Fire Commissioners. Both titles have binding obligations and responsibilities within both Departments. The M/BOT hires a professional individual as Village Manager as the Village’s CEO to carry out policy, personnel issues and direct and be responsible for day-to-day operations. VBM is non-partisan: there are no political parties at the local level. This unique electoral format provides for all resident U.S. citizens to be members of the Peoples Caucus: any citizen can seek office. Through a series of public events and meetings, a primary establishes the candidates who are then 3

elected according to NYS Village Law, in March of the calendar year.

The VBM refers to itself as the Village between two rivers: the Hudson River and the Pocantico River. But VBM also straddles two towns: Ossining (90%) and Mount Pleasant (10%) by area, each with their own assessment rolls. The corporate boundaries consist of nearly 6 square miles of land and over 41 miles of paved roads under Village jurisdiction. Our Police Department patrols two significant NYS Highways: Route 9 and Route 9A. Our volunteer Fire and Ambulance Departments provides first responder service throughout the VBM and under contract to over 2,000 additional individuals in the unincorporated areas of the Towns of Ossining and Mount Pleasant. This equates to a VBMPD rapid first responder level for all emergency calls whether within the Village or dispatched by Westchester County Control (the County-wide Dispatching Agency) directing mutual aid outside our corporate boundaries. Our Water Department provides water to over 10,000 consumers. There are two school districts serving VBM residents: the Union Free School District of Ossining (34%) and the Union Free District of Briarcliff Manor (66%). These characteristics have significant impacts and roles in the affairs, operations and orientation of our Village.

Section 4. “This is us.”

As of the date of this submission, the VBM 2020 Census data has not been made available. However, based on existing information provided by the US Census, we have included the full data current bases available as of 2019 as revised and updated by the Bureau. There is an important process to complete our committee’s mandate and role in this process. We believe that in order to address the mandate visualized in the Cuomo Initiative, it is imperative to identify our community at a foundation basis and measure this base line with all other subsets in our work and analysis. This base line becomes the “yard stick” when reviewing the entire Police Department officers/members and organizational structure. The survey results have enabled the committee to provide a series of recommendations for consideration against this same backdrop. Here follows the current US Census Bureau data.

Table: ACSDP5Y2019.DP05

ACS DEMOGRAPHIC AND HOUSING ESTIMATES United States Census

Bureau

Note: The table shown may have been modified by user selections. Some information may be missing.

DATA NOTES TABLE ID: DP05 SURVEY/ PROGRAM : American Community Survey VINTAGE: 2019 DATASET: ACSDP5Y2019 PRODUCT: ACS 5-Year Estimates Data Profiles UNIVERSE: None FTP URL: None API URL: https://api.census.gov/data/2019/acs/acs5/profile

USER SELECTIONS GEOS Briarcliff Manor village, New York

EXCLUDED COLUMNS ! None

APPLIED FILTERS None

APPLIED SORTS ! None

WEB ADDRESS https://data.census.gov/cedsci/table?q=Briarcliff%20Manor%20village,%20New%20York%20demographic&g=160 0000US36 08103&tid=ACSDP5Y2019.DP05&hidePreview=false

TABLE NOTES Although the American Community Survey (ACS) produces population, demographic and housing unit estimates, it is the Census Bureau's Population Estimates Program that produces and disseminates the official estimates of the population for the nation, states, counties, cities, and towns and estimates of housing units for states and counties. Supporting documentation on code lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey website in the Technical Documentation section .

Sample size and data quality measures (including coverage rates, allocation rates, and response rates) can be found on the American Community Survey website in the Methodology section.

Source: U.S. Census Bureau, 2015-2019 American Community Survey 5-Year Estimates Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estimate plus the margin of error (the lower and upper confidence bounds) contains the true value. In addition to sampling variability, the ACS estimates are subject to non-sampling error (for a discussion of non-sampling variability, see ACS Technical Documentation). The effect of non-sampling error is not represented in these tables. For more information on understanding race and Hispanic origin data, please see the Census 2010 Brief entitled, Overview of Race and Hispanic Origin: 2010, issued March 2011. (pdfformat) The 2015-2019 American Community Survey (ACS) data generally reflect the September 2018 Office of Management and Budget (0MB) delineations of metropolitan and micropolitan statistical areas. In certain instances, the names, codes, and boundaries of the principal cities shown in ACS tables may differ from the 0MB delineation lists due to differences in the effective dates of the geographic entities. Estimates of urban and rural populations, housing units, and characteristics reflect boundaries of urban areas defined based on Census 2010 data. As a result, data for urban and rural areas from the ACS do not necessarily reflect the results of ongoing urbanization.

Explanation of Symbols: * An "**" entry in the margin of error column indicates that either no sample observations or too few sample observations were available to compute a standard error and thus the margin of error. A statistical test is not appropriate. * An "-" entry in the estimate column indicates that either no sample observations or too few sample observations were available to compute an estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest interval or upper interval of an open-ended distribution, or the margin of error associated with a median was larger than the median itself. * An "-" following a median estimate means the median falls in the lowest interval of an open-ended distribution. * An "+" following a median estimate means the median falls in the upper interval of an open-ended distribution. * An "***" entry in the margin of error column indicates that the median falls in the lowest interval or upper interval of an open-ended distribution. A statistical test is not appropriate. * An "*****" entry in the margin of error column indicates that the estimate is controlled. A statistical test for sampling variability is not appropriate. * An "N" entry in the estimate and margin of error columns indicates that data for this geographic area cannot be displayed because the number of sample cases is too small. * An "(X)" means that the estimate is not applicable or not available.

COLUMN NOTES None

Briarcliff Manor village, New York Margin Percent Margin Label Estimate Percent of Error of Error SEX AND AGE Total population 7,616 ±173 7,616 (X) Male 3,668 ±211 48.2% ±2.4 Female 3,948 ±187 51.8% ±2.4 Sex ratio (males per 100 females) 92.9 ±8.9 (X) (X) Under 5 years 338 ±144 4.4% ±1.9 5 to 9 years 379 ±105 5.0% ±1.3 10 to 14 years 643 ±159 8.4% ±2.0 15 to 19 years 527 ±127 6.9% ±1.7 20 to 24 years 491 ±180 6.4% ±2.4 25 to 34 years 434 ±124 5.7% ±1.6 35 to 44 years 643 ±112 8.4% ±1.4 45 to 54 years 1,033 ±209 13.6% ±2.7 55 to 59 years 903 ±158 11.9% ±2.0 60 to 64 years 687 ±155 9.0% ±2.1 65 to 74 years 759 ±166 10.0% ±2.2 75 to 84 years 508 ±139 6.7% ±1.8 85 years and over 271 ±103 3.6% ±1.4 Median age (years) 48.8 ±3.1 (X) (X) Under 18 years 1,675 ±149 22.0% ±1.8 16 years and over 6,194 ±173 81.3% ±1.9 18 years and over 5,941 ±172 78.0% ±1.8 21 years and over 5,582 ±180 73.3% ±2.0 62 years and over 1,859 ±174 24.4% ±2.4 65 years and over 1,538 ±149 20.2% ±2.0 18 years and over 5,941 ±172 5,941 (X) Male 2,777 ±139 46.7% ±2.0

Female 3,164 ±156 53.3% ±2.0 Sex ratio (males per 100 females) 87.8 ±7.2 (X) (X) 65 years and over 1,538 ±149 1,538 (X) Male 714 ±91 46.4% ±4.8 Female 824 ±119 53.6% ±4.8 Sex ratio (males per 100 females) 86.7 ±17.0 (X) (X) RACE Total population 7,616 ±173 7,616 (X) One race 7,422 ±213 97.5% ±1.4 Two or more races 194 ±107 2.5% ±1.4 One race 7,422 ±213 97.5% ±1.4 White 6,639 ±278 87.2% ±3.1 Black or African American 159 ±64 2.1% ±0.8 American Indian and Alaska Native 0 ±17 0.0% ±0.4 Cherokee tribal grouping 0 ±17 0.0% ±0.4 Chippewa tribal grouping 0 ±17 0.0% ±0.4 Navajo tribal grouping 0 ±17 0.0% ±0.4 Sioux tribal grouping 0 ±17 0.0% ±0.4 Asian 391 ±132 5.1% ±1.7 Asian Indian 215 ±120 2.8% ±1.6 Chinese 118 ±74 1.5% ±1.0 Filipino 18 ±21 0.2% ±0.3 Japanese 6 ±9 0.1% ±0.1 Korean 11 ±17 0.1% ±0.2 Vietnamese 0 ±17 0.0% ±0.4 Other Asian 23 ±25 0.3% ±0.3 Native Hawaiian and Other Pacific Islander 7 ±13 0.1% ±0.2 Native Hawaiian 7 ±13 0.1% ±0.2 Guamanian or Chamorro 0 ±17 0.0% ±0.4 Samoan 0 ±17 0.0% ±0.4 Other Pacific Islander 0 ±17 0.0% ±0.4 Some other race 226 ±171 3.0% ±2.2 Two or more races 194 ±107 2.5% ±1.4 White and Black or African American 16 ±17 0.2% ±0.2 White and American Indian and Alaska Native 42 ±71 0.6% ±0.9 White and Asian 109 ±77 1.4% ±1.0 Black or African American and American Indian and Alaska Native 4 ±8 0.1% ±0.1 Race alone or in combination with one or more other races Total population 7,616 ±173 7,616 (X) White 6,829 ±245 89.7% ±2.6 Black or African American 185 ±64 2.4% ±0.8 American Indian and Alaska Native 52 ±76 0.7% ±1.0 Asian 500 ±149 6.6% ±2.0

Native Hawaiian and Other Pacific Islander 13 ±25 0.2% ±0.3 Some other race 237 ±166 3.1% ±2.2

HISPANIC OR LATINO AND RACE Total population 7,616 ±173 7,616 (X) Hispanic or Latino (of any race) 619 ±277 8.1% ±3.6 Mexican 135 ±133 1.8% ±1.7 Puerto Rican 148 ±125 1.9% ±1.6 Cuban 11 ±16 0.1% ±0.2 Other Hispanic or Latino 325 ±205 4.3% ±2.7 Not Hispanic or Latino 6,997 ±312 91.9% ±3.6 White alone 6,237 ±330 81.9% ±4.0 Black or African American alone 148 ±61 1.9% ±0.8 American Indian and Alaska Native alone 0 ±17 0.0% ±0.4 Asian alone 391 ±132 5.1% ±1.7 Native Hawaiian and Other Pacific Islander alone 7 ±13 0.1% ±0.2 Some other race alone 37 ±31 0.5% ±0.4 Two or more races 177 ±105 2.3% ±1.4 Two races including Some other race 11 ±18 0.1% ±0.2 Two races excluding Some other race, and Three or more races 166 ±106 2.2% ±1.4 Total housing units 2,896 ±161 (X) (X) CITIZEN, VOTING AGE POPULATION Citizen, 18 and over population 5,673 ±179 5,673 (X) Male 2,648 ±150 46.7% ±2.2 Female 3,025 ±158 53.3% ±2.2

Section 5. PDRAC Citizen Volunteers.

On 10 November 2020, Mayor Steven Vescio established an Ad Hoc Committee tasked with the inquiry, review and analysis of current police policies and procedures. There have been concerted efforts to reach out into the VBM community to seek out volunteers and interested stakeholders to participate: an outreach mandate to all interests that may believe that they have been marginalized or overlooked. In order to satisfy the desire to fulfill this community engagement the following individuals were appointed and unanimously confirmed by the Mayor and Board of Trustees:

Anthony Karlik, Reverend, Senior Minister: Faith Lutheran Church, Chairman of the Committee, Chaplain: Briarcliff Manor and Ossining Fire Departments Steven Kane, Rabbi, Congregational Sons of Israel Todd Farnsworth, Reverend, Briarcliff Congregational Church Kevin Veitinger, Reverend, All Saints Episcopal Church Debra Auguste, Resident, Professor of Chemical Engineering, Northeastern University Hasbleidy Gaenslen, Resident, International Business Consultant and Entrepreneur Kim Izzarelli, Resident, Marketing Manager, Briarcliff Manor Library Board President Rhea Mallett, Esq., Resident, Former Criminal Defense Attorney, Former Deputy Executive Director: NYC Mayor’s Commission to Combat Police Corruption Xiomara Rivera, Resident, retired NYPD Police Officer Donald Borho, Resident, Local Business Owner (subsequently withdrew) Steven Vescio, Mayor, CFO, LAWS Construction Co. Philip Zegarelli, Village Manager, Committee Co-Chairman, former Mayor of Sleepy Hollow Dominick Bueti, Police Chief, 31 years in Law Enforcement Linda Salov, Police Sergeant, 22 years in Law Enforcement

*In addition to the other members of the VBMPD, Chief of Police Donald Gorey was an original member of the PDRAC. Having previously filed for mandatory NYSPRS retirement, he subsequently withdrew from active participation and since retired as of 6 February 2021. As an original member of the PDRAC, former Lt. Dominick Bueti was appointed VBMPD Chief of Police thereafter and has subsequently taken the lead in VBMPD representation guiding committee recommendations for implementation under his leadership.

• In an effort to reach out and involve the Briarcliff Manor community, an extensive series of meetings open to the public were held. With the exception of the organization meeting, 6 meetings have been held: 7 December 2020, 21 December 2020, 4 January 2021, 25 January 2021, 8 February 2021 and 22 February 2021. These sessions were held via “Zoom” and recorded. These sessions are available by hyperlink provided below. Each session contains the meeting agenda and information package, and the actual record of the session. Next, utilizing “Zoom”, the committee engaged a professional “facilitator”, Shelby Pierce, who chaired and led the committee’s direct outreach to the Briarcliff Manor community. Ms. Pierce is a professional TOP (Technology of Participation) Facilitator and Trainer leading in focused conversations, consensus workshops and action planning events: reachable at [email protected]. The sessions were set for the afternoons and occurred on Saturday, 23 January 2021 and 6 February 2021, see hyperlinks. While the committee’s Work Sessions were primarily focused on member discussions and presentations of such primary information such as the Police Department’s personnel and regulations (Lexipol), the two Saturday sessions were specifically oriented to the public at large whether residents of Briarcliff Manor or our surrounding communities such as Ossining.

The following is a synopsis for the subject themes and related discussions of the PDRAC:  The Committee’s Mission Statement is in pursuant of Governor Cuomo’s Executive Order (EO) number 203. • The Committee’s Operational Process was to outline and discuss how best to populate the PDRAC with an identifiable cadre of wide-ranging potential volunteer and stakeholders committed to see the project through to completion. This includes, but is not limited to, identifying a Chairperson with known commitment to the Village; identify potential members with varied diverse experiences: including but not limited to Police Representatives, Village Officials, Faith Based Representatives, and Members of Communities as outlined above. This commitment included attendance standards at all meetings. Failure to participate in three sessions could lead to separation from the committee. • Establish an aggressive meeting schedule to devote the time and effort to address the mandate. • Review a series of targeted police regulations/policies commonly anticipated but also at the request of committee members. These include but are not limited to extensive discussions regarding the following: Use of Force; Immigration Violations; Portable Audio Video Recorders; Bias Based Policing; Personnel Complaints; Vehicle Pursuits. • Devoted time and discussion periods centered on: police personnel training and areas of improvement; evaluating department needs and data collection; reviewing available statistics; discussions regarding other policies and best practices; reviewing hiring processes and make-up of the VBMPD; open discussions focused on community concerns emanating by committee members whether communicated directly to the committee by residents, posted on social media, and/or as a result of our committee outreach through survey and public forums. • Public Input ... open, visible and transparent. In all cases (with the exception of the Organizational Session) all meetings were open to the public (there were no Executive Sessions); a community survey was created and open to public response (see section 7 as to questions and responses). A coordinated effort was made to solicit responses through the ease of responding electronically (with automatic retention and compilation) and/or by paper with drop-boxes at the community Library and at Village Hall. Follow-up outreach was highlighted in the Village Manager’s weekly Friday Letter, a separate “front of page” on the Village’s website and other social forum as noted below. Individual committee members became response spots then shared with our group. Public forums lead by Shelby were held as an additional outreach beyond the boundaries of the VBM.

Minutes were taken and all of the sessions have been recorded and available for review. The following

hyperlinks provide direct access for the following:

View Meetings: https://briarclifftv.viebit.com/index.php?folder=Police+Reform

Agendas: https://www.briarcliffmanor.org/current-topics/pages/agendas

Minutes: https://www.briarcliffmanor.org/current-topics/pages/minutes

Sourced Documents: https://www.briarcliffmanor.org/current-topics/pages/police-reform-collaboration

Lastly, the committee called for volunteers and established a sub-group to develop and design a citizen’s survey: Section 7 (PD Reform Survey”) as a vital component to transparency, communication and dialogue with our community. The survey itself and the results are a separate section of this report. Section 7 addressed the survey and results from 231 individual responses. For ease of review, the entire survey is included in print form in our report. Separately, the survey results can be downloaded via the following hyperlink: https://docs.google.com/forms/d/12_A-jJsXlpEXDTJQ3fTfJz1gnKW6sSRXqQPQtb8-IZY/viewanalytics.

Section 6. The Briarcliff Manor Police Department as an Organization.

Once patrolled by the Town of Ossining, VBM Board of Trustees established its own Police Department in 1906. As of 1 March 2021, the following is the full roster of the VBM Police Department. This listing totals 20 officers: 2 female and 18 male. The information includes various statistics as to rank, age, ethnicity and other specialties valuable in VBM community police work.

Rank Age Police Service Family Language (years) Heritage Fluency

Police Chief 53 31 US 1St generation Italian Lieutenant vacant Det/Sgt 47 21 US 2nd generation Sgt 1 * 45 22 US 1st generation E.Eur/Spanish Sgt 2 38 15 US 2nd generation Sgt 3 53 21 US 2nd generation Sgt 4 51 17 Korean born Korean Sgt 5 47 24 US 2nd generation Patrol 1 47 16 Hispanic Spanish Patrol 2 58 33 American Black Patrol 3 29 6 US 2nd generation Patrol 4 30 5 US 2nd generation Patrol 5 33 7 US 2nd generation Patrol 6 30 9 US 1st generation Spanish Patrol 7 39 17 US 1st generation Port/Span Patrol 8 42 18 US 2nd generation Patrol 9 42 13 US 2nd generation Patrol 10 36 7 US 2nd generation Spanish Patrol 11 35 15 US 2nd generation Patrol 12 * 35 5 US 2nd generation Patrol 13 42 13 US 2nd generation

Average age: 41.1

Average years of service 15.6

*female 13

On an operational basis, the daily, 7 days a week operational order entails three eight-hour shifts: 7:00 AM to 3:00 PM; 3:00 PM to 11:00 PM and 11:00 PM to 7:00 AM. While total police personnel levels cover the daily three shifts, the minimal number of police officers are three: a Desk Officer (more likely a Sergeant) and two Patrol Officers “on the road” each covering separate physical zones (Eastside and Westside). Other personnel or assignments are all in keeping with addressing current police related needs.

Section 7. PD Reform Survey (231 responses) https://docs.google.com/forms/d/12_A-jJsXlpEXDTJQ3fTfJz1gnKW6sSRXqQPQtb8-IZY/viewanalytics

As an integral part of the survey, respondents were asked to specify/provide their comments in written form to subject topics. Out of the 231 survey responses, all comments have been included:

Residents need to understand the job of the police and what it entails. People in this town live in a bubble!! I I’ve only had great interactions with BMPD. But the biggest issue, I imagine, is that the community is able to feel they have an independent committee to hear and investigate their concerns. That said, I feel our officers have great judgment. Keeping the public, and citizens safe The fact that you carry guns terrifies me and makes me want to avoid all interaction The ability to perform their job appropriately and not have to second guess how their actions might be perceived. I have nothing but kudos for BMPD, and have never found them to be anything less than professional and caring. Safety Police Department works well. Do not burden them with more red tape na BMPD needs to understand the harmful nature of the "thin blue line" design on it's cars. The history of this design is rooted in racism from Jim Crow days when the police were purported to be the thin blue line between order and chaos (chaos being code for racial profiling of black people's every day actions. It has been resurrected in response to the Black Lives Matter movement which is an intimidating and inappropriate response. My only concern is back in 2012 or so when I need fingerprinting done for an adoption of a child I was told that a detective would call me back numerous times and he never did. I even was given his direct line and my calls were never returned. I ended up using the Yonkers police department since I had some familiarity with them since I used to live in Fleetwood and they were very responsive. BMPD officers are generally helpful & professional. More communication with the residents about the PD to make the relationship more personal between PD and residents gET OUT F YOUR CARS AND LET THE PUBLIC SEE YOU. tHE ONLY INTERACTION i HAVE WITH bmpd IS THE CROSSING GUARD IN THE MIDDLE OF TOWN ON sATURDAY Speeding/running stops sign/crossing yellow line on road

Special treatment of rich residents (DUI, noise complaints etc. I’m not especially familiar with the PD and race etc. but most departments have lots of room for improvement. I’d suspect black/brown motorists get more attention in VBM. I’ve only had great interactions with BMPD. But the biggest issue, I imagine, is that the community is able to feel they have an independent committee to hear and investigate their concerns. That said, I feel our officers have great judgment. Visible policing, not hidden cars trying to trick people To continue acting in the professional manner that has been their current standard Continuing to act with integrity and engage more with the community Keep doing what you’re doing. We feel safe! Crime, narcotics, and keep the community safe New Additional Officers More community contact. The police should be an integral and welcomed component of our community. People breaking driving rules in the village especially off 9A some of the officers are great, really pleasant and helpful; others act arrogant and dismissive. I think it's more about the individuals, but training in courtesy from the top would help, I'd assume People breaking driving rules in the village especially off 9A Na Ensuring equal treatment of all. budget Special treatment of rich residents (DUI, noise complaints etc. I’m not especially familiar with the PD and race etc. but most departments have lots of room for improvement. I’d suspect black/brown motorists get more attention in VBM. Respect for the residents in handling situations while doing their job. There is an opportunity to increase and improve communication and professionalism within the community. Both BMPD and village manager need to understand the perspectives of POC They’re not efficient or timely. Fairness and equal treatment. Use mask all the time, not race, sex, national origin discrimination. No political affiliations. Community and student engagement/collaboration Patrolling the entire village, including Chilmark we need officers in the schools The police department can do much more to be members of the community. They used to spend more time in town talking to people and walking around. I don’t see them do that anymore. My friend who is African American was treated poorly at a traffic stop so it’s important to consider racial bias Patrolling neighborhoods day/night, watching for speeding in residential areas I have had some friendly contacts with police in my neighborhood and would like to see a warmer response and willingness to engage with the public. i felt dismissed. I would like more notices of any criminal activity in briarcliff and to watch out for car breaking in our neighborhoods I would like more notices of any criminal activity in briarcliff and to watch out for car breaking in our neighborhoods Ensuring young adults feel they can trust a police officer Hubris. Inherent or unconcious bias. A resistance or defensiveness when it comes to growing and changing and looking to become more aware of biases - we all have some - and ways to overcome them. LImited experience with diversity (race, socieconomic, culture or LGBTQ). This is a very homogoneous town. Safety of the community & officers serving our village

training The police department can do much more to be members of the community. They used to spend more time in town talking to people and walking around. I don’t see them do that anymore. My friend who is African American was treated poorly at a traffic stop so it’s important to consider racial bias The police department can do much more to be members of the community. They used to spend more time in town talking to people and walking around. I don’t see them do that anymore. My friend who is African American was treated poorly at a traffic stop so it’s important to consider racial bias The police need to be more forthcoming with residents about the drug usage of the youth. In additon, they need to stop overlooking the abuse of alcohol by the parents in this town and arrest parents who allow parties with alcohol. would be great for us to be able to know the people in the dept better. its a small town and my sense is that most of the PO are not residents. It would be nice to have more visibility for them as individuals and get to know them. A better sense of them from a human level will build trust, individually and departmentally. Diversity Our BMPD needs community support, especially in current times. N/A N/A Bilingual officers / reaching out to undocumented persons and families Accountability Improvred screening of candidates ie Tartaglione and better procedures for removeal of officers who do abuse their postiion. Increase interaction with the community, particularly with youths. Also, officers need to be versed in the various ordinances so they can enforce them. Also, officers should be friendlier and more helpful when residents call the station with a concern or report. Stop looking/acting like military. That creates a terrible dynamic. Community safety Public Safety No issues Lack of racism competency, accounatbility, honesty Accountability, Racial Sensitivity Training, Remove Blue Line Flags from vehicles and other visible displays Keeping the community safe while the PD is also accessible. Community relations and visibility SCHOOL SAFETY ASSIGNED SHIFTS Lack of racism Vehicle break ins and stolen vehicles none Having a fully funded police department that have all the equipment they need to keep myself and my family safe. It would be great to get a Resource Officer back into the schools; which will help build a trusting & good rapport with the children. I think the BMPD is doing an excellent job and I don't believe there are major issues that need facing I answered neutral on bias because, of course, I can only know of my own interaction with PD. The new paint jobs on the cars are a serious issue. I plan to write a separate email regarding. Thank you BMPD for all you do for the community! none Being accountable to the public

Some forum (professional or social) to get to know the police officers better Vehicle break ins and stolen vehicles keeping the department independent Transparency on the operations and priorities of the BMPD. I am not comfortable weighing on whether there is bias because I am a white person who has only had positive interactions with the local police department but that doesn't mean that is the case for others. I am concerned by the new menacing and militaristic look police cars, dark with dark windows, and have lingering questions about how the department handled issues of officer misconduct from a few years prior. While I know there were some officers and BMPD leadership that were held accountable for illegal or unethical behavior, all of the terms of such happened out of public view and that does not instill confidence in the process for tending to such matters should they ever arise again. Overall, I believe deeply in the value of good, strong community relationships between the police department and all residents. I value our police department, our officers and I can also hope to understand that we are doing everything we can as a community to ensure we have a department that is committed to transparency and against racism. I just don't know enough to know how well we are doing on the latter. some periodic forum that shows police sensitivity to issues of concern such as bias, treatment of people of color, and force used to enforce laws Responsiveness to community needs Those who answer the phone should be a little more helpful and courteous. Realizing that this is a small community. While many things can happen the interaction of officers with the community needs to be measurable to contextual incident Car robberies, destruction of mailboxes I am unaware of any program by which the police department interacts with young children. I think having the kids interact with police would be an asset. Not a school resource officer who may end up involved in discipline, but an assured positive experience for young people to see a police officer in uniform and ask questions. Balancing their responsibilities to protect the community with maintaining a good relationship with community members. This includes not looking the other way if community members with whom they have a relationship are putting other members of the community at risk. Trust Transparency Na PD has many new and young officers learning quickly about our village Actively engaging the community To be visible and form relationships with Briarcliff’s young people The need for a proper police station External strong opinions throughout the country wrongly applied to our lovely community with an excellent police dept. Their failure to self police themselves. BMPD has 2 prior officer got to jail for crimes and have the potential of anyone one if they don’t deal with it. Safety to village residents They need our communities support On the rare occasion that we have contacted the Briarcliff Police, they have been very responsive, kind and professional. na Equity the public does not respect the officers. Having a larger presence in the schools Keeping the kids safe and criminals away Overcoming bias whether intentional or not. 23

Nothing Nothing Politicalization of policework During times of COVID, being more active in the community. People need a face with the name, and I feel that will relieve people's perceived prejudices of officers in Briarcliff Equality Race relations and community building Don't project a threatening/intimidating presence to the villagers Don’t change anything. Improve the diversity of the staff. Make sure we have a proper representation for people of color and women at least more police officers needed, including in the schools I have lived in the village for 3 years and have very little knowledge of the BMPD. I would be interested in more low stakes community engagement like: coffee with the chief, safety education for seniors or students. As our community has a very low crime rate, I'd like to see our police focus efforts on deescalation so that they can minimize the need for force when called upon. I believe it would keep them safer. It would be great to get a Resource Officer back into the schools; which will help build a trusting & good rapport with the children. While I feel quite safe and protected, I'm an affluent white person. I think all police departments need to work to understand and take action related to implicit bias. And I think this work should be shared publicly. I believe all police should receive training related to implicit bias and community relations. Police should be trained to de escalate situations as they happen. all police officers need to remember they are here to serve all of us - not just right wing white-skinned residents i feel that the BMPD needs to be more vocal with the public in regards to cases that happen in BM. Resident involvement to solidify trust Neighbor-to-neighbor disputes Work with high school students. Theft Transparency Not enough to do! Partner e school Nothing Patrolling the neighborhoods more often perhaps more interaction, e.g., walking around downtown instead of only being in cars Finding qualified police officers. Nothing Dealing with Liberals professionalism Training to deal with people with psychological and brain- related problems. Community engagement Safety and trust fir all residents Community presence Teenagers drinking in parks and forests after hours, most of which don’t live here Leave them alone and don't add more bureaucracy

Making young people, people of color, and the undocumented feel completely comfortable contacting or interacting with BPD. Not enough to do! Treating all people the same and respecting our neighbors from adjacent towns Do not reform our police department. They are critical to the safety of our community and our children It was hard to answermany of these questions bc I do not have enough knowledge or experience w the BMPD. keeping our community safe Issues with drugs/alcohol/domestic violence Officers need to remember that they are setting an example at all times and need to function on the highest level possible. While the crime rate is comparatively low in this community, when a crime does occur it would be nice to feel validated by the BMPD. They are very dismissive and seem to be bothered when asked for assistance. It is my opinion that the BMPD has a long way to go in building its relationship with the community. I believe that outreach to schools and faith based organizations would be a great start, though I do not support a SRO in either school district, as that perpetuates the notion that officers are only to discipline. It would be extremely helpful for BMPD to be involved in educating the community on their work and how they are actively working with citizens to not just keep our community safe, but to be sure that all in our community (residents and visitors) feel welcome. A team effort is desperately needed, and where better to start than with our schools and churches/synagogues. Too many people are speeding and going through stop signs All interactions are professional friendly and positive interaction and transparency Not enough contact & communication with community. Does no good to only run into them when there's a problem. Need to build trust when there are no problems. Introductions in person or virtually and explanations of what various officers have encountered and dealt with recently. Continue improving community relations Continue improving community relations Having an SRO in school is very important More interaction with the community - BMPD has been great but we don't really know the officers. Keep us safe. Thank you for your great work. Reducing their presence. There is an us vs them vibe surrounding police on community facebook bulletins and in the conversations i hear from police around town. I have personally heard police mock concerned citizens who take issue with their thin blue line decals. Their function should be to protect the safety of the community, not themselves and their aesthetic interests. It is not us vs them. The town owns them, so they should do what the town asks. I dont care if they like their blue stripe decal, if the town wants it gone, it should be gone. If the town wants them to drive around in bumper cars, they should drive around in bumper cars. A community liason board Being More transparent with the community about all issues past and present Stand with Black Lives Matter unequivocally. Support policy to reform police training and legal accountability in the US

Reducing their presence. There is an us vs them vibe surrounding police on community facebook bulletins and in the conversations i hear from police around town. I have personally heard police mock concerned citizens who take issue with their thin blue line decals. Their function should be to protect the safety of the community, not themselves and their aesthetic interests. It is not us vs them. The town owns them, so they should do what the town asks. I dont care if they like their blue stripe decal, if the town wants it gone, it should be gone. If the town wants them to drive around in bumper cars, they should drive around in bumper cars. None BMPD needs to protect and be accountable to every member of the community, regardless of race, gender, national origin, language, or neighborhood of residence. In the process of making BMPD more accountable, transparent, and just, this survey is a good start, and so might several bias trainings and community meetings--but that won't be enough. True progress requires a systemic and long-term approach with serious commitment from everyone involved (BMPD, village leaders, community groups, etc.). Please don't stop engaging in this process of reform once the survey is complete. Also, thank you for this initiative; this is a positive step. There have been a number of people concerned with the new police cars and the message they are sending to the community. The thin blue line, the white out cars, the black windows. Instead of having a constructive conversation about how that may create a negative divide and feelings of distrust between community and BMPD, they have gotten very defensive and angry. It makes us feel like the opinions of the very people they are here to serve and protect are not valued. I would rather have a conversation where they say "I hear what you are saying but.." instead it's a lot of dismissiveness and anger. I've had person interaction with the police only infrequently. But at time I've found the police to be very rude and intimidating, when just asking questions, in person, at the station. Bias Racial bias training - stay away from faith groups. Transparency with community and receptivity to deep structural change increasing diversity in hiring I think that the BMPD works separate from the community, rather than with the community. There's some dissemination on the changes being made by the force, largely relating to speeding enforcement, but on other items, including training methods, equipment use, and deployment elsewhere, not much makes it to the public. I think having as fully transparent a force as possible would be a major benefit. Also, I think it's extremely inappropriate for the BMPD to have a police car with the thin blue line flag on it. The flag has become more than a symbol of police fraternity, as shown by its prevalence in the Capitol Riots and at Trump rallies. The officers are free to use it in their personal life, but to have spent village funds on a very political symbol for a village car should never have happened, and I hope that car is repainted.

Eliminating all "thin blue line" imagery from the police department. We have seen this symbol used again and again by white supremacists. If the PD wants to build trust with non-white community members it should be cognizant of what these symbols means and why they are inappropriate.

Racial bias training - stay away from faith groups. Keeping Briarcliff safe and building a relationship with the community. None Recognition of ALL constituents, not just BM school district residents. Professionalism Ensuring police are aware the importance of being anti-racist - supporting police reforms so people of color do not feel targeted/will be protected against violence. This community is not diverse and I worry about the type of training the police receive and how they would react in a situation where a person of color is perceived to be a suspect in a crime in this community.

To hold more training on mental health responses. I feel that Briarcliff is a more obvious example of a town that has a relatively defunded police department with many of the associated benefits: better community programs, rehabilitation, mental health resources, etc. However, it is essential that in the case police are called to address a mental health episode, they have proper training guided by actual mental health specialists. Let's make sure we balance their ability to police the community with interaction. They need flexibility in managing situations Very professional I do not think they need to change anything RAndom house checking for owners who are away on vacation. Houses have been checked on Sun & Wed for over 20 years..not to hard to figure outif you are a criminal!!! n\a More RESPECT Keep the friendliness of a small town while providing officers with the best training available. Communication - knowing the officers leave them alone and let them keep doing a great job Communication - knowing the officers nothing to add CURRENT MODEL IS WORKING AND NO CHANGES ARE NEEDED. Open and accessible communication with the public We have no problem with our police department No response We have no problem with our police department More public interaction Public trust We should cut funding and hire some African Americans All residents should be supportive and thankful for the service of the BMPD None A need for public recognition for their outstanding work. They seem sneaky. Honesty & corruption It helps when they are visible to prevent speeding Consistency at monitoring traffic at Todd school, some officers just sit in car while others help maintain flow More interaction with the community BMPD has been professional in my few encounters with them. I’d like a return of the weekly police blotter so the community is aware of what they’re dealing with on a weekly/monthly basis. professionalism keeping the area crime free The BMPD have always served and protected all of its citizens and therefore I respect them and the job they do. None comes to mind I dislike the coloring of the all white or all black SUVs. They look stealth and not really appropriate for policing BM. Frankly, it's scary. There are also times when the cops drive faster than really seems necessary - no silent lights on, etc. More community involvement programs

BMPD has to continue to uphold the high standard of professionalism in handling law and order issues in BM Need for community policing, including a citizen advisory board. More community involvement Community involvement The BMPD feels functionally useless in our town. Working to defund the police and reallocate those resources to other public goods (social services, drug rehabilitation services, mental health services) would do real good in our community, and do that which the BMPD can’t. Maintaining the professionalism of the department. then Don’t know The BMPD have always served and protected all of its citizens and therefore I respect them and the job they do. The BMPD have always served and protected all of its citizens and therefore I respect them and the job they do. Village policies are the most important issue that can create problems. Body Cameras, Do not bargain with PBA over 50-A legislation, training re use of firearms I think we must anticipate possible problems around race. The fact that a committee is working and this survey is being taken indicates that the village sees this as a need.

Survey Summary Observation of Responses

Some 231 responses were received and recorded: 229 via electronic response and 2 on paper. A statistical, brief take-away of the results indicate an overwhelming support level of the VBMPD’s mission statement, familiarity with the VBMPD as well as in departmental trust, community problem solving – resolution, effectiveness and accountability. While 15.2% had a negative opinion as to the VBMPD valuing community opinion, 84.8% have a baseline favorable conclusion. Again, a high response rate for the VBMPD in responding to the public and being accessible is very consistent. Parallel to the above, survey results focused on the public’s reliance on the VBMPD for help, assistance and resolution in an unbiased manner is high. 31

There is a strong carryover of support (84.5%) regarding VBMPD timeliness of response, onsite role played in the overall outcome and dispute resolution resulting from their presence and/or action. These characteristics are also predicated on the knowledge that the VBMPD is a first responder to emergencies on the highly trafficked Route 9 and 9A NYS highways, a pre-cursor to VBMFD and Ambulance call outs. However, this response also takes into account a very high level of family interventions of various kinds where the VBMPD responds with 2 separate vehicles and officers.

Our survey was not just an electronic predetermined list of responding categories to choose from. The survey provided the opportunity for individuals to provide their own opinions and thoughts on many of the same themes contained in the survey. Again, the majority were positive but there were thoughts for the committee to be cognizant, be informed and focus on those survey respondents who did not feel as safe, and/or felt bias existed: concluding that VBM’s goal should want our PD working for all of our residents.

Another recurring theme centers on police presence and image: our VBMPD makes concerted efforts to connect with community, even those who had much praise for the police thought it was inconsistent. There should be a program to extend our outreach at different levels. These include but are not limited to respondents and committee members see a need to greater police/public interactions. Notable commentary was aired regarding a VBMPD police cruiser with a “blue line” transposed American flag decal affixed as an honor of a deceased police officer. It was acknowledged that a misunderstanding by many residents arose as racially offensive and not in keeping with the overall VBM community or those who transit VBM via our highly trafficked/patrolled highways.

Police Department standing and police officer interactions are linked in several categories. The perspective of community response at all levels centers on what constitutes the ideal police department. Responses as to overall police training beyond the basic level of “academy orientation” is now viewed as ongoing more akin to “post graduate” training in response to and addressing changing societal events. The make-up of VBMPD (more diverse than the population statistics of the Village itself, except for male/female ratios) in the eyes of some respondents suggests we should aim for more diversity with greater efforts to recruit officers (largely through transfers). It is noted that no current police officers live in the Village. The VBMPD is beginning new leadership as the recommendations become public. There is a cluster of responses as to police interactions with the community and overall trust. We note that there have been no use of force incidents in the past 10 years. This stacks up to national incidents that can create mistrust of the police for forces everywhere. These are seen especially outside a major metropolis like NYC where negative images of the police beating Black bystanders only 30 miles away were televised. Not the case in the VBM. Clearly, the issues where residents complained were about being stopped because of their color, or residents and/or non-residents being questioned about having the right to use a public park because of their color or ethnicity. Notwithstanding that a resident called the police desk complaining that “non-residents were using a public park” and triggered an investigative response requires a review, sensitivity and understanding by responding police officers.

In all cases, please refer to the following hyperlink for all responses, as submitted: https://docs.google.com/forms/d/12_A-jJsXlpEXDTJQ3fTfJz1gnKW6sSRXqQPQtb8-IZY/viewanalytics.

Section 8. PDRAC Recommendations

1. Collaboration between our Community and the Village of Briarcliff Manor Police Department (“VBMPD”). The Cuomo Initiative’s directive focuses on local police jurisdictions to work together with community members and local officials to rebuild the police-community relationships and restore and to strengthen mutual trust. This first category of recommendations is driven by this mission. The overriding message from the community during this process and the most 32

important objective to come out of all the PDRAC’s work is to further increase any existing collaboration to a more advanced level between the local community and the VBMPD.

All recommendations below seek to increase communication between local residents and the members of the VBMPD, increase awareness of ongoing police efforts, strengthen relationships between residents and police members, strengthen mutual trust at all levels, and work to incorporate our local police officers into the daily fabric of the Village.

A. Establish a Police Advisory Committee (PAC) where citizens and police work together to enhance community/VBMPD collaboration. 1. The composition of PAC community members should represent an expansive level of constituencies and voices, meeting on a meaningful basis with a designated police representative and an M/BOT designated official. 2. PAC objectives include, but not limited to, sharing information, creating community partnerships, identifying community-wide concerns and public safety solutions, developing trust between the community and the VBMPD, improving understanding of VBMPD operations, and in being supportive with police initiatives.

B. The VBMPD should look to engage in Non-Investigatory Community Interaction to build on and extend its level of relationships. Examples include, but are not limited to: 1. Youth sponsored activities and sports. 2. Several yearly community-building activities such as ‘Cops and Cones Community Night’ and ‘Coffee with a Cop’. 3. Increased presence walking through the business district and other areas where a meaningful social interplay can be fostered.

C. Provide the VBMPD necessary support and resources to collaborate with the Community. 1. Establish a Community Relations Coordinator within the VMBPD 2. Create a position or designation akin to a youth officer or school resource officer to emphasize restorative justice programs, assist with cybercrimes, and with the additional responsibility to serve as a liaison to both school districts.

D. Implement and educate the community on police policies that engender further understanding and public trust. Example include, but are not limited to: not fostering citizenship/immigration questions, hate crime policy.

E. Continue periodic surveys measuring community support, satisfaction, concerns and issues with VBMPD.

2. Police Department Transparency and Accountability. Transparency is considered an essential pillar of procedural justice and resident support all fostering enhancing community trust. We note that on a committee basis (and undoubtedly reflected on a community level), we identified an immense disconnect between the community’s understanding of governmental and police policies and the VBMPD’s role and efforts at community policing. An immediate solution is to focus on greater transparency of the VBMPD accompanied by increased public education and information dissemination. While increased awareness serves our goal of greater collaboration and community understanding of the VBMPD, it also helps to ensure the accountability of the VBMPD.

A. Provide for the release and publication of non-confidential police statistics, public domain documents and associated data. a. Include data related to bias-based policing and selected “hot button” policies. Identify and list those data topics/issues that are not subject to FOIL or such disclosures by account of law. While our listing is not complete, a preliminary listing includes Total calls for police service/intervention, arrests, summonses, community policing, medical aides and assistance, accidents. b. Post on VBMPD website.

B. VBMPD to maintain and better utilize its own website and social media to share information and cultivate community collaboration. Share with VBM media vehicles and encourage interplay communications with the public at large.

C. VBMPD to engage in public education efforts to inform community on general law enforcement operations for public safety and in “heads up” types of information, as appropriate. This includes development and distribution of information cards and flyers; presentations to driver education classes; instructions in schools; ride-a-longs consistent with law and civilian policy and guidelines; simulation exercise with community members; youth internships; and citizen academies.

D. Ensure VBMPD computer system compatibility with Westchester County and local municipalities to ensure sharing of information. Notwithstanding current relationships and abilities, seek out and join the Westchester Countywide electronic database for Mental Health Behavioral cases and special needs populations as soon as practical.

E. The VBM to provide all VBM police officers with an information/communication follow-up based business card for all civilian investigative interactions. Business card should include such minimal information such as: officer name, VBMPD contact information and blotter entry or reporting identification. While business cards are currently proved at traffic stops, it is highly recommended that this practice should be immediately expanded as soon as practical.

F. Establish an email or website format to accept positive and negative comments from the public without requiring identifying information: available to the VBMPD senior officers and the VBM. The counterpoint should then focus on responses to citizen concerns appropriately and as soon as practical.

G. Mandate reporting of bias-based policing. VBMPD to establish a protocol for reporting bias incidents by those who either observe or are otherwise aware of any officer who engaged bias- based or hate based policing.

H. VMBPD is to opt-in to the Westchester County Office of Police Accountability as soon as practical. This existing level of reporting and information base allows civilians to report police complaints to agencies outside of VBM.

3. Training and Wellness. The PDRAC recommends preparing/educating/encouraging all VBMPD law enforcement personnel for consistent, positive community encounters and engagement. In an effort to ensure that all VBM residents (and those transiting our community) are treated equally, the PDRAC specifically recommends greater training on implicit bias training, hate crimes, and inter-cultural competency. The objective is to understand and minimize the role implicit bias has in encounters with the

community, while intercultural competency helps develop the capability of those trained to see and acknowledge cultural differences and commonalities before them and adapt their communication accordingly. In addition, since the VBMPD does not have immediate access to mental health professionals who can assist in encounters with members of the public, they will continue its efforts to receive training on mental health and behavioral concerns. Requisite training must be ongoing and continuance, including for veteran officers. Officers also need their own support as they encounter extreme, stressful situations daily. PDRAC is intent on ensuring that the officers helping our residents receive their own necessary support.

A. Renewed and ongoing training in bias-free policing for all departmental members that is to demonstrate the VBMPD’s commitment ensuring that all officers know how to recognize implicit biases before taking action.

B. Continued training by the VBMPD in de-escalation tactics as it relates to the use of force policy.

C. Instructor development as VMBPD Supervisors follow-up on a routine and regular basis encompassing Lexipol. This is to include online training updates and/or fostering specific changes reflecting on the nature and needs of the VBM and incorporating within the Lexipol standard, additional amendments specific to our community or departmental needs.

D. Increased training on the VBMPD’s Hate Crimes Policy #318 and responding to race- based 911 calls pursuant to anti-bias laws (Amy Cooper Law) in effect.

E. Foster an orientation to seek out additional training relating to mental health and behavioral crises and how to respond. While Westchester County is in the process of re- establishing its Crisis Intervention Training (CIT), PDRAC recommends that the VBMPD opt-in to the County CIT availability as soon as practicable. Accordingly, until CIT becomes available, the VBMPD should explore existing opportunities for mental health professionals to assist the VBMPD as needed.

F. Continue and take advantage of unified in-service training with Westchester County. PRDAC recommends VBMPD become accredited by the NYS DCJS as soon as practical.

G. We recommend that VBMPD understand work with and enter ABLE (Active Bystandership for Law Enforcement Program) in order to support and fortify a culture of active bystandership and peer intervention.

H. Given the current policing standards, expectations and pressures in today’s environment, we believe that the VBMPD is to sign up for and participate in programs that effectively and proactively address the mental health challenges experienced by many police officers throughout their careers.

4. VBMPD Image: our community and service outreach. In addition to the image presented to its approximate 8,000 residents, the VBMPD and their actions are viewed by and implanted far more extensively than within our 6 square miles and 40 miles of roads. Since the VBMPD patrols two main traffic corridors in Westchester County (where the daily flow of thousands of people /transiting/ travelling/visiting through the VBM), our reach and exposure is magnified. Through “mutual aid” and the fact that our VBMPD is the “primary first responder nature of responding to fires, vehicle

accidents outside the village itself we need to ensure that their everyday (but lasting) message is consistent with our philosophy of treating everyone equally and with respect. As an example, one such unintended issue involved the recent acquit ion of a new police pursuit vehicle and the police car markings (decals). The decal was a source of conflict within the community as the “thin blue line flag” while utilized by police agencies for years, was recently adopted by white supremacists. It is important to note that the intent of the flag by the VBMPD was only to honor an officer, not to support white supremacy. As a result of feedback from the PDRAC, this highlights a mutual sensitivity lesson shared. Consequently:

A. VBMPD is undertaking a process to remove the thin blue line flag decal on the VBMPD vehicle.

B. VBMPD to respond more quickly to questions about outward images with the VBMPD and to the VBM community.

C. VBMPD to share information about other types of vehicle purchases with the public to avoid misinterpretations.

5. Follow-up and Community-wide Reaffirmation. Throughout this process it became clear that perceptions of the VBMPD were occasionally at odds with the policies, training, and engagement of most of the police officers themselves. Whether these perceptions were based on individual encounters with local officers or a greater mistrust of the police fueled by national images of encounters outside of Briarcliff, it is incumbent upon us ... and the Briarcliff Manor Community at large ... to do everything we can to build community trust with the police in our Village. We recommend that the VBMPD continues to assure and reinforce to every person within VBM that all should be and understand that they are safe and able to step forward if they are victims or witnesses of a crime without any bias or prejudice. The PRDAC believes the following recommendations will assist in any perceived or real need to heal our community and help us to reach our ultimate goal of being a village where the community and police fully collaborate and everyone feels safe and protected by VBMPD police officers.

A. PRDAC recommends that the Village Board of Trustees adopt village resolutions that would specifically detail the Village’s philosophy of policing, especially as it pertains to policies that have the potential to cause or create mistrust among our residents. These include: the Police Department’s equal treatment of all residents, its Use of Force policy, its approach to hate crimes, the protection of immigrants, and a fully bias-free policing.

B. PRDAC recommends that the Village Board of Trustees commit to an appropriate procedure of follow-up regarding the series of implementations contained in all of the adopted recommendations.

Section 9. PDRAC Acceptance, Public Hearings and Ratification.

The Draft PDRAC Report was delivered to the Committee the Mayor and Board of Trustees by 26 February 2021. The Mayor and Board of Trustees scheduled two separate Public Hearings: Tuesday, 2 March and Tuesday, 23 March 2021. Each hearing commenced at approximately 7:30 PM via Zoom. A brief synopsis follows:

Tuesday, 2 March, with 48 people attending via Zoom. Chairman Pastor Karlik, Co-Chairman Village Manager Zegarelli and Committee member Rhea Mallett provided an outline and overview of

all the sections of the report. Thereafter, Mayor Vescio opened the hearing sequentially to the Board of Trustees, PDRAC members in attendance and the Public at large. There were no questions or comments. The hearing was adjourned to the future date of Tuesday 23 March.

[ Tuesday, 23 March with xx people attending via Zoom. ]

[open]

This is to certify that on [23 March 2021], The Village of Briarcliff Manor Board of Trustees accepted this PDRAC Report as herein presented and upon a motion by Trustee xxxxx and a second by Trustee xxxxx such report was adopted by roll call vote:

Trustee Hunt xxx Trustee Werner xxx Trustee Midgley xxx Deputy Mayor Chatzky xxx Mayor Vescio xxx

And directed that the Village Clerk provide certification of the adoption of the PDRAC report and that the Village Manager forward the report in full to the Director of the Division of Budget prior to 1 April 2021.

37 VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

4. ADOPTION OF PUBLIC HEALTH EMERGENCY PLANS

WHEREAS, the State of New York has enacted legislation, Labor Law § 27-c, which requires public employers to adopt a plan for operations if the Governor declares a public health emergency involving a communicable disease; and

WHEREAS, the Village has prepared health emergency plans in accordance with the legislation; and

WHEREAS, the draft plans have been circulated to the collective bargaining units of the Village, CSEA and PBA (Civil Service Employees Association, Inc., Local 1000, AFSCME- AFL/CIO, Village of Briarcliff Manor Unit (9242), as required by law for review and comment; and

WHEREAS, the law requires the Village Board of Trustees to adopt the plans by resolution,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby adopts the Public Employer Health Emergency Plan for the Village of Briarcliff Manor and the Briarcliff Manor Public Library subject to non-material changes; and

BE IT FURTHER RESOLVED: that the Village Clerk shall post the adopted plans in the necessary locations per the adopted legislation.

Public Employer Health Emergency Plan Village of Briarcliff Manor

Adopted Plan in accordance with NYS legislation S8617B/A10832.

date of approved plan

Promulgation

This plan has been developed with the input of the Village of Briarcliff Manor (VBM) local units of the CSEA and PBA (Civil Service Employees Association, Inc., Local 1000, AFSCME-AFL/CIO, Village of Briarcliff Manor Unit (9242) and Village of Briarcliff Manor Policemen’s Benevolent’s Association), as required by the amended New York State Labor Law.

No content of this plan is intended to impede, infringe, diminish, or impair the rights of us or our valued employees under any law, rule, regulation, or collectively negotiated agreement, or the rights and benefits which accrue to employees through collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargaining relationship.

This plan has been approved in accordance with requirements applicable to the agency, jurisdiction, authority, or district, as represented by the signature of the authorized individual below.

As the authorized official of the Village of Briarcliff Manor, I hereby attest that this plan has been developed, approved, and placed in full effect in accordance with S8617B/A10832 which amends New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable, to address public health emergency planning requirements.

Signed on this day: 24 March 2021 By: Philip E. Zegarelli Signature: ______Title: Village Manager (VM)

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Record of Changes

Date of Description of Change Implemented by Change 1 April 2021 Initiate and activate expanded plan Village Manager

pg. 3

Table of Contents

Promulgation ...... 2 Record of Changes ...... 3 Purpose, Scope, Situation Overview, and Assumptions ...... 5 Purpose ...... 5 Scope...... 5 Situation Overview ...... 5 Planning Assumptions ...... 6 Concept of Operations ...... 6 Mission Essential Functions ...... 8 Essential Positions ...... 9 Reducing Risk Through Remote Work and Staggered Shifts ...... 10 Remote Work Protocols ...... 10 Staggered Shifts ...... 11 Personal Protective Equipment ...... 11 Staff Exposures, Cleaning, and Disinfection...... 13 Staff Exposures ...... 13 Cleaning and Disinfecting ...... 15 Employee and Contractor Leave ...... 16 Documentation of Work Hours and Locations ...... 16 Housing for Essential Employees ...... 17

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Purpose, Scope, Situation Overview, and Assumptions

Purpose

This plan has been developed in accordance with the amended New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable. These laws were amended by the passing of legislation S8617B/A10832 signed by the Governor of New York State on September 7, 2020, requires public employers to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease. The plan includes the identification of essential positions, facilitation of remote work for non-essential positions, provision of personal protective equipment, and protocols for supporting contact tracing.

Scope

This plan was developed exclusively for and is applicable to the VBM. This plan is pertinent to a declared public health emergency in the State of New York which may impact our operations; and it is in the interest of the safety of our employees and contractors, and the continuity of our operations that we have promulgated this plan.

Situation Overview

On March 11, 2020 the World Health Organization declared a pandemic for the novel coronavirus which causes the COVID-19 severe acute respiratory syndrome. This plan has been developed in accordance with amended laws to support continued resilience for a continuation of the spread of this disease or for other infectious diseases which may emerge and cause a declaration of a public health emergency.

The health and safety of our employees and contractors is crucial to maintaining our mission essential operations. We encourage all employees and contractors to use CDC Guidance for Keeping Workplaces, Schools, Homes, and Commercial Establishments Safe. The fundamentals of reducing the spread of infection include:

 Using hand sanitizer and washing hands with soap and water frequently, including: o After using the restroom. o After returning from a public outing. o After touching/disposing of garbage. o After using public computers, touching public tables, and countertops, etc.  Practice social distancing when possible.  If you are feeling ill or have a fever, notify your supervisor immediately and go home.  If you start to experience coughing or sneezing, step away from people and food, cough or sneeze into the crook of your arm or a tissue, the latter of which should be disposed of immediately.  Clean and disinfect workstations at the beginning, middle, and end of each shift.

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 Other guidance which may be published by the CDC, the State Department of Health, or Westchester County Department of Health (WCDOH) officials.

Planning Assumptions

This plan was developed based on information, best practices, and guidance available as of the date of publication. The plan was developed to largely reflect the circumstances of the current Coronavirus pandemic but may also be applicable to other infectious disease outbreaks.

The following assumptions have been made in the development of this plan:

 The health and safety of our employees and contractors, and their families, is of utmost importance.  The circumstances of a public health emergency may directly impact our own operations.  Impacts of a public health emergency will take time for us to respond to, with appropriate safety measures put into place and adjustments made to operations to maximize safety.  The public and our constituency expects us to maintain a level of mission essential operations.  Resource support from other jurisdictions may be limited based upon the level of impact the public health emergency has upon them.  Supply chains, particularly those for personal protective equipment (PPE) and cleaning supplies, may be heavily impacted, resulting in considerable delays in procurement.  The operations of other entities, including the private sector (vendors, contractors, etc.), non- profit organizations, and other governmental agencies and services may also be impacted due to the public health emergency, causing delays or other disruptions in their services.  Emergency measures and operational changes may need to be adjusted based upon the specific circumstances and impacts of the public health emergency, as well as guidance and direction from public health officials and the governor.  Per S8617B/A10832, ‘essential employee’ is defined as a public employee or contractor that is required to be physically present at a work site to perform their job.  Per S8617B/A10832, ‘non-essential employee’ is defined as a public employee or contractor that is not required to be physically present at a work site to perform their assigned job.

Concept of Operations

The VM of the VBM as CEO and COO of the Village, their designee, or their successor holds the authority to execute and direct the implementation of this plan. Implementation, monitoring of operations, and adjustments to plan implementation may be supported by additional personnel, at the discretion of the VM. In the absence of the VM or his designees (the Police Chief and the Superintendent of Public Works), the Mayor shall assume the role until so determined.

The VBM previously took steps to ensure the health and safety of employees and residents in March 2020. The WCDOH ordered and the VBM established water purity and reporting guidelines not only for the VBM but for the Tri-Village Water Works (VBM, Tarrytown and Sleepy Hollow) which the VM chairs. These reporting procedures were established to protect the fresh water supply and purity during the

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COVID pandemic. The general procedures were utilized by other Westchester County Water Departments as a “best practice guideline”.

In addition, by late August 2020, the VBM established a series of procedures in addressing citizen needs and requests for Village services. While all government facilities have specific guidelines, such as the taking of temperatures and questioning related to possible tracking. As part of this effort, Village Hall hired a “greeter” to interface with public access: this continues to this date.

The VBM has incorporated and continues to comply with the Office of Court Administration (OCA) guidelines regarding all proceedings and reporting. Our Library is fully in compliance with Westchester County Library Services (WLS) mandates and operational standards in providing the public access to “programs and books” on a daily basis.

Within 30 days of the adoption of this policy, the VM with the consent of the Mayor and Board of Trustees shall have established an Emergency Management and Onsite Committee (EMOC) to become fully knowledgeable, advise, recommend and participate in providing a wide range of operational and /or professional expertise. The designation of such member it to ensure that each is conversant in the organizational and operational areas of a range of Emergency Management disciplines and sectors. The Committee shall be chaired by the VM and shall include but not be limited to: The Mayor or a member of the Board of Trustees, and such Department Heads (or their designees) as the Chief of Police, Chief of the Fire Department including the Ambulance Service), Superintendent of Public Works, Engineer/Building Department, the President or officer of the CSEA and PBA union locals, and such Village residents with professional disciplines in medicine, engineering or other specialized areas of knowledge or experience. The EMOC shall make themselves available when called upon by the VM. While the VM shall be tasked with the day-to-day mandate of safety and full operational delivery of services and maintenance of facilities, the EMOC shall meet at least quarterly to review, suggest and participate in discussing operating and emergency “best practices” procedures for the continued health and safety of our residents and Village employees who provide such services.

Utilizing all current, enhanced methods of communication and upon the determination of implementing this plan, all VBM employees and contractors shall be notified by VBM’s first line e-mail communications and/or through our Nixle account. Postings on our website and other existing and soon to be enhanced communication media will be utilized in addition to the basic cell phone/direct line levels of communications. Reinforcing communications will also be directed to department heads to “backstop” communication links to their subordinates. Contained therein, expanded efforts will be made to provide pertinent details as soon and as defined as possible. Such levels of redundancy will be updated and shared on a regular basis. Information sharing and alerts to our residents are done on a routine basis through the VM (currently issued via e-mail) via the VM’s “Friday Report” (and daily supplemental alerts/updates as necessary) with supplemental reposting of these updates on the VBM’s website.

In May of 2015, the VBM opened up the William J. Vescio Community Center within the Library complex. This center is also a ground floor accessible warming and cooling center with a, full kitchen, two unisex bathrooms and fully equipped media center for VBM’s informational and emergency broadcasts via Cable TV. This facility has been and continues to be available for emergency use. This site was also made available to the 2020 US Census in Westchester County where vital meetings and training were undertaken throughout the pandemic: one of only two facilities made available in our County to the US Census.

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We pride ourselves with communicating directly to our residents. Levels of associated constituency groups (such as not-for-profits, civic associations and similar vendors) who have direct contact and work with or on behalf of the VBM will be treated in the same manner with information of pertinent operational changes by way of parallel identify means of public/constituent notification. Other interested parties, such as commercial and service vendors, will be notified by phone and/or email as necessary. Lastly, the VBM received a grant for and with additional funds constructed a media center in our Community Center for the direct broadcasting of live and recorded information to both cable TV networks within our Village and beyond. We believe our previous and existing efforts have established a multi-level communications network that can disseminate emergency and necessary communication through various modes to all levels of VBM workers and citizens even as we plan for routine updates and more technological enhancements. It is our consensus that the creation of the EMOC makes sense from a basic communication and transparency level and is totally fitting considering that the first responders/front line Village personnel should have the ability to request, discuss and provide input and as well as critique their role since the Village depends on their knowledge and ability to respond to emergencies.

The VM of the VBM, their designee, and/or their successor will maintain awareness of information, direction, and guidance from public health officials and the Governor’s office, directing the implementation of changes as necessary.

Upon resolution of the public health emergency, the VM of the VBM, their designee, or their successor will direct the resumption of normal operations or operations with modifications as necessary.

Mission Essential Functions

When confronting events that disrupt normal operations, the VBM is committed to ensuring that essential functions will be continued even under the most challenging circumstances.

Essential functions are those functions that enable an organization to:

1. Maintain the safety of employees, contractors, and our constituency. 2. Provide vital services. 3. Provide services required by law. 4. Sustain quality operations. 5. Uphold the core values of VBM.

The VBM has identified as critical only those priority functions that are required or are necessary to provide vital services. During activation of this plan, all other activities may be suspended to enable the organization to concentrate on providing the critical functions and building the internal capabilities necessary to increase and eventually restore operations. Appropriate communications with employees, contractors, our constituents, and other stakeholders will be an ongoing priority.

Essential functions are prioritized according to:

 The time criticality of each essential function.  Interdependency of a one function to others.  The recovery sequence of essential functions and their vital processes. pg. 8

Priority 1 identifies the most essential of functions, with priority 4 identifying functions that are essential, but least among them.

The mission essential functions for VBM have been identified as:

Essential Function Description Priority Information Provides all hardware and software for the town. Maintains the 1 Technology Village’s network and phone system and ability to contact vendors of systems faults or failures. Facility upkeep and Ensure that all buildings and facilities are safe and secure. 2 operational and Power, gas and back up services are routinely tested and fully building readiness operational. Staff and employee Department heads are to ensure that sufficient expertise and 3 readiness and tasking responding members are available for daily and emergency response Equipment availability Department heads are to have ready information as to the 4 and operational operational availability and service capacity for all key equipment readiness necessary for an emergency response

Essential Positions

Each essential function identified above requires certain positions on-site to effectively operate. The table below identifies the positions or titles that are essential to be staffed on-site for the continued operation of each essential function. Note that while some functions and associated personnel may be essential, some of these can be conducted remotely and do not need to be identified in this section.

Essential Essential Justification for Each Function Positions/Titles Information Village Manager, Upon identification of an emergency, a designee Technology Village Clerk, knowledgeable shall notify the IT manager (thereafter the Building Manager, Village Manager) who is to establish all priorities for IT PD, FD, DPW tasks and to initially alert and organize staff. The Village Manager, IT and Village staff members provide support in setting up hardware and software, network management, and help desk support.

Facility upkeep Superintendent of In order to respond to any emergency, designated and operational DPW, Village leadership personnel are mandated to have all relevant and building Engineer, Building responding equipment in top order and if shortfalls are readiness Manager, Village known or suddenly apparent, to have “backstop” Manager procedures in place to fulfill support needs. Staff and Village Manager, The reliance of any work force to ensure that the proper employee DPW, Building leadership in each discipline is knowable and especially Department, Village

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readiness and Clerk, Police Chief, available. Back-ups are a perquisite to ensure adequate tasking Fire Chief response levels for each responding department Equipment Beyond the Manager This level of support is just as necessary as the need for availability and and DPW, such senior leadership. Individuals so identified are the arms, operational individuals as the legs and muscle to repair and/or keep vital equipment and readiness garage mechanics, services functioning in the event of an emergency. Current stand by units of the staffing provides successive leadership and experience volunteer Fire and levels to address specific situations on their own level Ambulance services, without the need for senior employees who could be better the building utilized at other sites in addressing more immediate needs. manager and similar levels of the work force are necessary to target a problem and an adequate and focused response.

Reducing Risk Through Remote Work and Staggered Shifts

Through assigning certain staff to work remotely and by staggering work shifts, we can decrease crowding and density at work sites and on public transportation.

Remote Work Protocols

Non-essential employees and contractors able to accomplish their functions remotely will be enabled to do so at the greatest extent possible. Working remotely requires:

1. Identification of staff who will work remotely 2. Approval and assignment of remote work 3. Equipping staff for remote work, which may include: a. Internet capable laptop. b. Necessary peripherals. c. Access to VPN and/or secure network drives. d. Access to software and databases necessary to perform their duties. e. A solution for telephone communications: i. Note that phone lines may need to be forwarded to off-site staff

With the experience of previous emergency situations and valuable lessons learned, we have previously implemented a series of protocols and provided updated data computer enhancements to ensure a steady and efficient work environment off-site. With the exception of the Police and Fire (Ambulance) Departments, these include, but are not limited to, the departmental leadership and personnel (and support staff of) the Village Clerk, Village Treasurer, the Village Building Department, the Village Court, the Library, the Village Librarian, the Recreation Department and the VM. I-Pads, laptops, printers and

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scanners have been provided as well as call forwarding features. Our IT provider has ensured safety, access and security. We are and have been fully functional providing a series of enhanced services possible only by such additional equipment and with work capability to assist and service our residents. Lastly, we also have located a series of dispersal sites in which such sectors of our DPW have been able to relocate and fully function at safe distances. Teams were created of matching licensed or experienced personnel for Water, Sanitation, Highway and Parks without a problem and with huge level success for our workers and our residents.

Staggered Shifts

Implementing staggered shifts may be possible for personnel performing duties which are necessary to be performed on-site but perhaps less sensitive to being accomplished only within core business hours. As possible, management will identify opportunities for staff to work outside core business hours as a strategy of limiting exposure. Regardless of changes in start and end times of shifts, VBM will ensure that employees are provided with their typical or contracted minimum work hours per week. Staggering shifts requires:

1. Identification of positions for which work hours will be staggered. 2. Approval and assignment of changed work hours.

Utilizing our commentary in the Remote Work Protocols, above, the Village identified all jobs and work routines and matched up the work force in teams of corresponding experience and expertise. Specialty roles mandated by the WCDOH were created to ensure coverage. Likewise, sanitation and recycling coverage was similarly established. We were able to disperse these teams into separate VBM facilities, some even located outside of our corporate boundaries. In other cases, such as the library, we set up separate linkages and processes to pick up books or to enjoy e-based programs at matched parental driven needs. We fully utilized “Zoom-type” sessions where we shared ideas, needs and comments. In all cases, the Department Head reviewed what needed to be proposed and implemented, and shared with the VM before the individual programs were initiated. We also reviewed progress and made suggestions for further refinements. Interestingly, we met with many complimentary comments and support from our residents regarding our ability to function during the Covid-19 pandemic.

Personal Protective Equipment

The use of personal protective equipment (PPE) to reduce the spread of infectious disease is important to supporting the health and safety of our employees and contractors. PPE which may be needed can include:

 Masks.  Face shields.  Gloves.  Disposable gowns and aprons. pg. 11

Note that while cleaning supplies are not PPE, there is a related need for cleaning supplies used to sanitize surfaces, as well as hand soap and hand sanitizer. The Coronavirus pandemic demonstrated that supply chains were not able to keep up with increased demand for these products early in the pandemic. As such, we are including these supplies in this section as they are pertinent to protecting the health and safety of our employees and contractors.

Protocols for providing PPE include the following:

1. Identification of need for PPE based upon job duties and work location 2. Procurement of PPE a. As specified in the amended law, public employers must be able to provide at least two pieces of each required type of PPE to each essential employee and contractor during any given work shift for at least six months. b. Public employers must be able to mitigate supply chain disruptions to meet this requirement. 3. Storage of, access to, and monitoring of PPE stock a. PPE must be stored in a manner which will prevent degradation. b. Employees and contractors must have immediate access to PPE in the event of an emergency. c. The supply of PPE must be monitored to ensure integrity and to track usage rates.

The Village utilizes an electronic based purchase order (PO) system for all acquisitions. The system requires a minimum of three levels of approvals. The Department Head initiates the purchase request, the Village Treasurer identifies the funding source for the purchase and the VM approves the transaction as the Chief Procurement Officer. The entire approval process is documented and monitored. The actual purchase order is sent to the vendor for fulfillment. Upon delivery of the order the goods are inspected and validated as accepted or not. If approved, the payment is made to the vendor. Upon completion of the transaction, the PO is “closed out”.

PPE purchases follow this same procedure. In the case of the Covid related PPE, the VM met with all Department Heads to determine the various, different and over time changing requirements to provide the highest quality PPE at reasonable rates as possible. Each department may have differing needs for indoor or outdoor use and as to function and purpose. Wherever possible, orders were consolidated for economies of scale. If it was determined that various PPE needs were unique, the specific need was addressed. A high level of reliability to supply all PPE is a major consideration. To ensure our supply chain, the VBM issued PO’s to several vendors (3-4) and initially executed PO’s for up to 60% of our estimated needs. While price considerations were necessary, quality and reliability of the product and as a source of constant replenishment a major determinant. The varying percentile PO level was to ensure that no vendor became the sole source and to provide for a “ramping up” of a reliable stock pile of PPE for long range planning and use. This was also utilized in the purchasing of cleaning supplies.

For example, and on a departmental basis, DPW requires a significantly higher supply of durable, longer lasting PPE. Supplies are delivered direct to their facilities for distribution and local storage. Similarly, the VH is the central location of PPE for the administrative staff and the Police Department. The Fire and Ambulance Departments have separate requirements for its PPE supplies and stores their requirements at their fire house locations. Recreation and Library have their PPE requirement needs through the VH and store a reliable level of supplies as necessary. While all supplies are secure, PPE

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resources are readily available to all employees and contained in secure areas. The VBM has the ability to secure additional supplies as necessary. In the event of an emergency or compromise in our overall supply chain, the Village PPE supply levels are overall sufficient to be re-distributed and/or dispersed to other departments to meet demand. The level the VBM has targeted to maintain is a two-month supply level as a perpetual reserve. All departmental supply areas are to be monitored to ensure adequate resources are on hand and the supplies are rotated to prevent stale or expiry date situations. Records to document usage are to be kept. Routine physical inventories of PPE supplies are to be undertaken as well as spot inspections by the VM or his designee to confirm not only adequate supplies but expiry dates and “freshness” of PPE is maintained. Any PPE that is subject to expiry date issues or recall is to be isolated and discarded as required or mandated, if necessary.

Staff Exposures, Cleaning, and Disinfection Staff Exposures

Staff exposures are organized under several categories based upon the type of exposure and presence of symptoms. Following CDC guidelines, we have established the following protocols:

A. If employees or contractors are exposed to a known case of communicable disease that is the subject of the public health emergency (defined as a ‘close contact’ with someone who is confirmed infected, which is a prolonged presence within six feet with that person): 1. Potentially exposed employees or contractors who do not have symptoms should remain at home or in a comparable setting and practice social distancing for the lesser of 14 days or other current CDC/public health guidance for the communicable disease in question. a. As possible, these employees will be permitted to work remotely during this period of time if their illness precludes them from purposeful work. b. Each Department Head (previously identified) is responsible for ensuring all their direct employees and staff are complying. The Village Clerk and the VM must be notified and be alerted of all employee illnesses or the decision/need to follow quarantine protocols. The Village Clerk and VM routine solicits Covid related information and protocol updates from our Corporation Counsel and Special Labor/Personnel Attorneys to ensure compliance and address changing procedures and work routines. c. See the section titled Documentation of Work Hours and Locations for additional information on contact tracing 2. CDC guidelines for COVID-19 provide that critical essential employees may be permitted to continue work following potential exposure, provided they remain symptom-free and additional precautions are taken to protect them, other employees and contractors, and our constituency/public. a. Additional precautions will include the requirement of the subject employee or contractor, as well as others working in their proximity, to wear appropriate PPE at all times to limit the potential of transmission. b. In-person interactions with the subject employee or contractor will be limited as much as possible.

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c. Work areas in which the subject employee or contractor are present will be disinfected according to current CDC/public health protocol at least every hour, as practical. See the section on Cleaning and Disinfection for additional information on that subject. d. If at any time they exhibit symptoms, refer to item B below. e. The VM is the ultimate decision maker in this area of responsibility and concern. The VM consults with the relevant person, Department Head and Village Clerk and thereafter confirms their recommendation as to how a specific (each one its own merit) is to be addressed.

B. If an employee or contractor exhibits symptoms of the communicable disease that is the subject of the public health emergency: 1. Employees and contractors who exhibit symptoms in the workplace should be immediately separated from other employees, customers, and visitors. They should immediately be sent home with a recommendation to contact their physician. 2. Employees and contractors who exhibit symptoms outside of work should notify their supervisor and stay home, with a recommendation to contact their physician. 3. Employees should not return to work until they have met the criteria to discontinue home isolation per CDC/public health guidance and have consulted with a healthcare provider. 4. The VBM will not require sick employees to provide a negative test result for the disease in question or healthcare provider’s note to validate their illness, qualify for sick leave, or return to work; unless there is a recommendation from the CDC/public health officials to do so. 5. CDC criteria for COVID-19 provides that persons exhibiting symptoms may return to work if at least 24 hours have passed since the last instance of fever without the use of fever- reducing medications. If the disease in question is other than COVID-19, CDC and other public guidance shall be referenced. 6. The VM will be responsible for ensuring these protocols are followed. In consultation with the responsible Department Head (whether staff, employee or contractor) and the Village Clerk shall review all aspects of the person identified. Prior to a decision, a referral to counsel with will be sought before the individual is informed.

C. If an employee or contractor has tested positive for the communicable disease that is the subject of the public health emergency: 1. Apply the steps identified in item B, above, as applicable. 2. Areas occupied for prolonged periods of time by the subject employee or contractor will be closed off. a. CDC guidance for COVID-19 indicates that a period of 24 hours is ideally given before cleaning, disinfecting, and reoccupation of those spaces will take place. If this time period is not possible, a period of as long as possible will be given. CDC/public health guidance for the disease in question will be followed. b. Any common areas entered, surfaces touched, or equipment used shall be cleaned and disinfected immediately.

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c. See the section on Cleaning and Disinfection for additional information on that subject. 3. Identification of potential employee and contractor exposures will be conducted: a. If an employee or contractor is confirmed to have the disease in question, the VM shall direct the appropriate Department Head or designee to inform all contacts of their possible exposure. Confidentiality shall be maintained as required by the Americans with Disabilities Act (ADA). b. Apply the steps identified in item A, above, as applicable, for all potentially exposed personnel. 4. For purposes of redundancy and good order, the sequence of notifications shall be the VM, the appropriate Department Head, and concluding notice to the Village Clerk.

We recognize there may be nuances or complexities associated with potential exposures, close contacts, symptomatic persons, and those testing positive. We will follow CDC/public health recommendations and requirements and coordinate with our local public health office for additional guidance and support as needed.

Cleaning and Disinfecting

CDC/public health guidelines will be followed for cleaning and disinfection of surfaces/areas. Present guidance for routine cleaning during a public health emergency includes:

1. As possible, employees and contractors will clean their own workspaces in the beginning, middle, and end of their shifts, at a minimum. a. High traffic/high touch areas and areas which are accessible to the public/constituents will be disinfected at least hourly. b. The VM communicates directly with the DPW Superintendent and upon inspection and review of the premises and our conclusions, the VM directs the Building Manager to schedule a specialized series of cleaning and disinfecting procedures of all VBM facilities: used by staff and employees. This cleaning/disinfecting regime is in additional to the private cleaning service that the Village contracts with undertaking routine daily cleaning services. Because the VBM has WCDOH licensed employees within our DPW, we engaged them separately on specific cleaning and disinfecting programs while the various facilities are not in use or a “slow time”. These periods are before/after normal working hours or on weekends. They are paid accordingly. The specialized disinfecting oftentimes is executed over the weekend to minimize work disruption, contamination process dislocation and/or “wet conditions” due to the disinfecting, as well as to extend the effectiveness of the disinfecting process. 2. Staff tasked with cleaning and disinfecting areas will be issued and required to wear PPE appropriate to the task. 3. Soiled surfaces will be cleaned with soap and water before being disinfected. 4. Surfaces will be disinfected with products that meet EPA criteria for use against the virus in question and which are appropriate for that surface.

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5. Staff will follow instructions of cleaning products to ensure safe and effective use of the products.

Employee and Contractor Leave

Public health emergencies are extenuating and unanticipated circumstances in which the VBM is committed to reducing the burden on our employees and contractors. The Families First Coronavirus Response Act provided requirements related to the COVID-19 pandemic, which form the policies outlined below. This policy may be altered based upon changes in law or regulation, as applicable.

It is our policy that employees of the VBM will not be charged with leave time for testing. Employees will be provided with up to two weeks (80 hours) of paid sick leave at the employee’s regular rate of pay for a period which the employee is unable to work due to quarantine (in accordance with federal, state, or local orders or advice of a healthcare provider), and/or experiencing symptoms and seeking medical diagnosis.

Further, the VBM will provide up to two weeks (80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay if the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to federal, state, or local orders or advice of a healthcare provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to the public health emergency, and/or the employee is experiencing a substantially similar condition as specified by the CDC/public health officials. This provision may be modified if an employee is able to effectively work remotely and the need exists for them to do so.

Additionally, the VBM will provide up to an additional 10 weeks of paid expanded family and medical leave at two-thirds of the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days by the VBM, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to the public health emergency. This provision may be modified if an employee is able to effectively work remotely and the need exists for them to do so.

Additional provisions may be enacted based upon need and the guidance and requirements in place by federal and state employment laws, FMLA, executive orders, and other potential sources.

Contractors, either independent or affiliated with a contracted firm, are not classified as employees of the VBM, and as such are not provided with paid leave time by the VBM, unless required by law.

Documentation of Work Hours and Locations

In a public health emergency, it may be necessary to document work hours and locations of each employee and contractor to support contact tracing efforts. Identification of locations shall include onsite work, off-site visits. This information may be used by the VBM to support contact tracing within the organization and may be shared with local public health officials.

pg. 16

The Village utilizes a paper and electronic “time clock” (thumb print and/or code number) for all employees. Records and the electronic time clocks are maintained at the respective administrative offices or facilities. Due to the circumstances of the Covid response and the Village’s decision to disperse employees to remote positions to form up and/or be dismissed for the end of the work day, gaps in the independent records off work hours has occurred. Employees working from home are to operate their records in full compliance of VBM personnel policies and rules. As a back-up confirmation of remote work, IT is able to track computer use into the Village’s “Munis and outlook” system verifying work activity or project/internet responses. Lastly, all employee records are subject to their own “sign offs”, re-confirming by the Department Head. The Payroll is ultimately approved by the Village Treasurer and the VM, who approves individually.

Housing for Essential Employees

There are circumstances within a public health emergency when it may be prudent to have essential employees lodged in such a manner which will help prevent the spread of the subject communicable disease to protect these employees from potential exposures, thus helping to ensure their health and safety and the continuity of the VBM’s essential operations.

If such a need arises, hotel rooms are expected to be the most viable option. If hotel rooms are for some reason deemed not practical or ideal, or if there are no hotel rooms available, the VBM will coordinate with the Westchester County Department of Emergency Management to help identify and arrange for these housing needs. The VM shall be the responsible party but will look to and rely on each Department Head to identify and seek out the specific needs of the individual person in need of this resource.

Given as of 16 March 2021. Non-material changes authorized. VBM Mayor and Board of Trustees adoption on Tuesday, 23 March 2021

pg. 17

THE BRIARCLIFF MANOR PUBLIC LIBRARY ● 1 Library Road ● Briarcliff Manor, NY 10510

HEALTH EMERGENCY PLAN

PURPOSE

The Briarcliff Manor Public Library has adopted this Health Emergency Plan in compliance with New York State Labor Law §27-c (https://www.nysenate.gov/legislation/laws/LAB/27-C) to implement operational plans in the event of certain declared public health emergencies including, but not limited to, novel coronavirus (COVID-19) or other communicable disease or pandemic illness.

The primary goals of Briarcliff Manor Public Library’s Health Emergency Plan are to establish: ● The roles and responsibilities during all phases of a public health emergency ● Preparedness activities and response protocols ● Coordination and decision making for the continuation of operations

The Health Emergency Plan is designed to ensure precautionary, response, and recovery measures to a public health emergency involving a communicable disease threatening to impact or immediately impacting the library’s staff, trustees, volunteers, and/or community members.

ADMINISTRATION

The Library Director as authorized by the Board of Trustees administers the Health Emergency Plan. This includes activating the plan, establishing an internal communications network and coordinating all response and recovery activities. If, for any reason, the Library Director is unable or unavailable to administer the plan, administrative authority shall be passed to the Staff Assistant.

THE BRIARCLIFF MANOR PUBLIC LIBRARY ● 1 Library Road ● Briarcliff Manor, NY 10510

DEFINITIONS

The following terms are hereby defined for the purposes of this policy:

● Personal Protective Equipment (PPE): Equipment worn to minimize exposure to communicable disease or pandemic illness as mandated by local, state, or federal law and/or any Executive Orders related to the public health emergency or mandates issued by federal agencies including the Center for Disease Control (CDC) and the Occupational Safety and Health Administration (OSHA). ● Employee: Any person employed by the Briarcliff Manor Public Library regardless of job classification or title. ● Contractor: Any individual performing paid services for the library but not an employee of the Briarcliff Manor Public Library ● Essential: Designation made to an employee or contractor whose duties require them to be physically present at the Briarcliff Manor Public Library to perform their job, OR tasks that are vital or necessary to the safety or operational needs of the library. ● Non-essential: Designation made to an employee whose duties do not require them to be physically present at the Briarcliff Manor Public Library OR tasks that are not vital or necessary to the safety or operational needs of the library. ● Communicable disease: Illness caused by an infectious agent that occurs through the direct or indirect transmission of the infectious agent or its byproducts or via inanimate environment or object to a susceptible person or persons. ● Retaliatory Action: The discharge, suspension, demotion, penalization, discrimination or other adverse employment action taken against any employee.

THE BRIARCLIFF MANOR PUBLIC LIBRARY ● 1 Library Road ● Briarcliff Manor, NY 10510

ESSENTIAL EMPLOYEES OR DUTIES

In the event of a state-ordered reduction of in-person workforce, the Library Director and the Staff Assistant shall be designated as an Essential Employee and are permitted to be physically present at the Briarcliff Manor Public Library to perform tasks essential to their job or the operations of the library including, but not limited to, maintenance to the facilities that could otherwise threaten or pose a risk to the library’s facilities if not performed; bookkeeping such as accounts payable, accounts receiving, and processing payroll; and/or accepting, sorting, and opening postal mail or packages.

These essential tasks may be delegated to a specific employee or contactor at the discretion of the Library Director. This employee or contractor is permitted to be physically present at the Briarcliff Manor Public Library to perform only the designated essential tasks as assigned.

TELECOMMUTE/WORK FROM HOME

In the event of a state-ordered reduction of in-person workforce, the Briarcliff Manor Public Library’s Emergency Procedures and COVID- 19 Service Plan will be implemented.

Employees whose duties and routine tasks require the use of a computer and/or internet access will be provided library-issued equipment necessary to perform those duties and tasks, if available.

The Library Director will provide instructions for downloading/installing any software for employees to perform their duties remotely. The Library Director will also provide instructions for transferring office voice mail to email account, as applicable to the employee’s job description.

THE BRIARCLIFF MANOR PUBLIC LIBRARY ● 1 Library Road ● Briarcliff Manor, NY 10510

IN-PERSON REPORTING

The Library Director will coordinate the schedule for employees and contractors reporting to the library in-person to perform essential tasks so that the Briarcliff Manor Public Library remains in compliance with the state-ordered reduction of in-person workforce. No employee or contractor is permitted to report to the Briarcliff Manor Public Library without authorization from the Library Director.

PERSONAL PROTECTIVE EQUIPMENT

PPE as required by local, state or federal laws or Executive Orders will be provided by the Briarcliff Manor Public Library. As per OSHA guidelines, employees are not financially responsible for mandated PPE. Employees may provide their own PPE if they desire and if it is in compliance with all local, state or federal laws or Executive Orders and CDC and OSHA regulations.

The Briarcliff Manor Public Library will provide any necessary training for mandated PPE including proper use and disposal.

The Briarcliff Manor Public Library will keep a supply of PPE in storage in the event a public health emergency is immediately declared. All employees will be aware of the storage location of PPE. The Library Director will monitor PPE supply levels and replenish the supply as needed in accordance with the library’s Procurement Policy.

Failure to comply with PPE mandates may result in disciplinary action.

THE BRIARCLIFF MANOR PUBLIC LIBRARY ● 1 Library Road ● Briarcliff Manor, NY 10510

EXPOSURE TO COMMUNICABLE DISEASE

If required by local, state or federal laws or Executive Orders, mandatory, continuous health screening practices will be implemented for all employees.

In the event an employee is exposed to a known case of the communicable disease that is the subject of the public health emergency, exhibits symptoms of such disease or tests positive for such disease, the following procedures will be immediately implemented:

● The employee must not report to the library or they must leave the premises immediately, if already at work, and notify the Library Director. ● The Library Director will notify both local and state health departments and will follow guidance specific to workplaces with a suspected or positive case. ● The Library Director and the employee will determine which other staff members were in close contact and possibly exposed to the communicable disease. ● The Library Director and the employee will determine which areas of the library are now considered “contaminated” and need to be immediately closed.

Cleaning Contaminated Areas

● The library will immediately close off contaminated area(s). ● The area(s) will be quarantined for a length of time determined by local or state health departments. ● HVAC System and/or exhaust fans may be temporarily turned off in the area(s) so that particles will not circulate throughout the facility. ● After the determined length of time, the area(s) used by the employee will be cleaned, vacuumed and disinfected including offices, workspaces, cubicles, bathrooms, common areas, shared equipment such as computers, tablets, keyboards and shared office supplies.

THE BRIARCLIFF MANOR PUBLIC LIBRARY ● 1 Library Road ● Briarcliff Manor, NY 10510

● The area(s) will be cleaned by Alvarez Cleaning using OSHA and CDC approved cleaning supplies and disinfectants while wearing appropriate PPE. ● Once the area(s) has (have) been appropriately disinfected, the area(s) can be opened for use. ● The library will continue routine cleaning and disinfecting and logging these activities as recommended.

Contact Tracing

The Library Director will adhere to local and state guidance regarding Contact Tracing. This may include reporting or contacting other employees, contractors, visitors and patrons who voluntarily supplied their information for the purpose of Contact Tracing and who may have been in close contact with the employee(s) suspected or confirmed to have the communicable disease.

The Library Director will keep the health status of employees confidential.

Compensation

The Briarcliff Manor Public Library will adhere to all local, state or federal laws or Executive Orders regarding sick leave or expanded family and medical leave for specified reasons related to this communicable disease.

Returning to Work

● If an employee is exposed to the communicable disease or exhibits symptoms of the communicable disease, they must follow all local and state health department directives which may include being tested for that communicable disease and/or quarantining for a specified amount of time at home.

THE BRIARCLIFF MANOR PUBLIC LIBRARY ● 1 Library Road ● Briarcliff Manor, NY 10510

● If an employee has a suspected or confirmed case, they must not report back to work until they have met all of the required criteria in consultation with a healthcare provider and in accordance with local, state and/or federal criteria specific to the communicable disease. ● All other employees will be provided instructions for returning to work dependent on the determination of risk of exposure by the local or state health department during Contact Tracing.

Mitigating Risk

Reporting to work following a known-exposure to the communicable disease, having symptoms consistent with the communicable disease or following a positive test without being medically cleared to return to work as defined above will be considered a violation of library policy and may result in disciplinary action.

The Briarcliff Manor Public Library will not take any retaliatory action for employees not reporting to work due to a suspected or confirmed case of the communicable disease. Employees must follow the established protocols outlined in the Personnel Policy/Employee Handbook for reporting an absence.

CONTINUATION OF OPERATIONS

In the event of a declared public health emergency involving a communicable disease, the Library Director will address operations according to the following outline. Some circumstances will require deviation from this sequence in order to best serve the safety and health of the library staff and community.

● Assess the emergency declaration as it relates to the library’s facilities, materials, staff and community. ● Notify the appropriate persons including employees and the Board of Trustees. ● Determine the next steps, with the information available, regarding:

THE BRIARCLIFF MANOR PUBLIC LIBRARY ● 1 Library Road ● Briarcliff Manor, NY 10510

○ Services or service points ○ Hours of operation ○ Personnel ● Draft a press release or statement to the public ● Document in detail the sequence or timeline of events before, during and after the declared public health emergency ● Prepare for recovery

COMMUNICATION

Once approved by the Board of Trustees, this Health Emergency Plan will be published in a clear and conspicuous location at the Briarcliff Manor Public Library and on the library’s website. A copy will be provided to all employees.

ONGOING USE EVALUATION

This Health Emergency Plan was developed as required by law with the health and safety of the library’s employees and community as the top priority.

The Health Emergency Plan will be evaluated annually by the Director and Board of Trustees and updated as needed.

Questions or concerns regarding Briarcliff Manor Public Library’s Health Emergency Plan should be directed to the Library Director.

ADOPTED by the Briarcliff Manor Public Library Board of Trustees March 10, 2021.

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

5A. AUTHORIZE VILLAGE MANAGER TO EXECUTE RETAINER AGREEMENT WITH THOMPSON AND BENDER

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a retainer agreement with Thompson and Bender for Services as set forth in the agreement.

THOMPSON 6-BENDER

March L0,2O2L

7 7 9 2 Plea sa ntv ill e Road Philip E. Zegarelli Briarcliff Manor, NY 705 7 0 Village Manager l.vt \5Of Ar-\P Village of Briarcliff Manor (914) 762-1900 L111- Pleasantville road gs-* thompson-bender.com Briarcliff Manor, NY 10510 ,\"*-"d^ a* Dear Phil: t\sN +* Following up on our recent conversation, I would be pleased to work with you and the Village Board with regard to providing professional input and consulting services with respect to communications regarding the future use(s) of the former Pace University campus. Clearly, this is a significant property in the heartof a residential area and communicatingwith the neighbors and the village as a whole will be very important as the next phase in the history of the site unfolds.

I read your March 5th Manager's Report and saw that the process of informing the residents about the Village's role with respect to the property and the planning and zoning regulations and processes that are in place were explained. As future plans for the property become known, there will certainly be many more opportunities to communicate with the community. Transparency will be key.

As you know, my business has been in the L890s Victorian we own overlooking the business district since 1.986. We are a fixture in that location. I have personally known the Village for an embarrassingly long time! I actually played high school football games against the Bears when the field was behind what is now Atria. More importantly, I began my L7-year career as a news reporter and later editor with what is now The Journal News covering Briarcliff. For several years I attended virtually every Village, Planning and Board of Ed meeting! I remember when the Floating Zone concept was adopted, the same zoning you are dealing with today. I wrote the stories that led to the installation of the median barrier on Route 9A. Over the last two years I have worked with the Mayor to present the case for the 9A corridor Study that is so desperately needed. To toss in one more, I covered the last graduations from Briarcliff College! ln short, I know Briarcliff really well!

T&B is the most prominent PRfcommunications agency in Westchester, and we have in-depth experience working with real estate plans, issues and community reviews. lt is a specialty area for our agency and I am confident that I can be of assistance to you and the Village Board in regard to the former college property. This week's iournal News story on the sale of the campus is just one of what inevitably will be will be many news stories, and, of course, the social media channels will be very active, often with inaccurate or misinformed dialogue. With respect to a business relationship, I would request a 54,500 retainer (our standard retainer is 56,500-57,500) that would bill against for any hours worked. I will reduce my hourly billing rate from SSSO to SZIS.lf needed and agreed to in advance, other staff will be billed at SL50 to 5225.11 for any reason our contract is ended, any remaining funds on account in excess of 5750 would be refunded to the Village. lf work is continuing and the amount drops to S1,000, we would request the account be refunded to 54,500. A monthly statement of account for all hours billed will be provided.

Please let me know if the above is acceptable and feel free to contact me to discuss any aspect of this proposal. I look forward to working with you in conjunction with this important matter.

Sincerely yours,

Geoffrey S. Thompson Founding Partner VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

5B. AUTHORIZE VILLAGE MANAGER TO EXECUTE RETAINER AGREEMENT WITH SIVE, PAGET AND RIESEL

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a retainer agreement with Sive, Paget and Riesel for Services as set forth in the agreement.

STEVEN BARSHOV DIRECT DIAL: 646.378.7229 [email protected] March __, 2021

Via Email

Philip E. Zegarelli Village Manager Village of Briarcliff Manor 1111 Pleasantville Road Briarcliff Manor, NY 10510

Re: Retainer Agreement

Dear Mr. Zegarelli,

This letter confirms that the Village of Briarcliff Manor (the Client") has retained Sive, Paget & Riesel, P.C. ("the Firm"), effective ______, 2021, to provide counsel to and representation of the Village, its Board of Trustees, Planning Board, and other boards and officials of the Village as may be authorized by the Board of Trustees in connection with land use and other matters in the Village Briarcliff Manor as may be jointly agreed by the Client and the Firm. This letter shall constitute our retainer agreement. Representation beyond this scope may be provided as requested by the Client in accordance with the billing structure set forth below.

I will be principally responsible for this matter, with the assistance of other partners, associates, and paralegals as appropriate for particular tasks. My time and all partners’ time will be billed at a capped rate of $495 per hour. Associates and paralegals will be used wherever possible and appropriate to limit legal fees. Associates will be billed at a capped rate of $395 per hour. Paralegals will be billed at a capped rate of $185 per hour. These billing rates are subject to adjustment from time to time by the Firm, but will not change for one year from the date of this retainer.

It is recognized and agreed that as to certain matters of engagement the Village will receive reimbursement for the Firm’s fees from a project applicant. The Firm will charge the same rates for such services and the Village will be responsible for payment of the Firm’s invoices. The Firm will present invoices and otherwise comply with the requirements of the Village’s local laws to assure that the Village is able to obtain reimbursement from an applicant whenever the applicant would be responsible for reimbursing the Village for the Firm’s fees and expenses.

The Firm will bill the Client monthly. The Firm's bill will contain a full description of our services, attorney and paralegal time recorded in increments of tenths of an hour, as well as out- of-pocket disbursements, for the calendar month preceding issuance of the bill. Out-of-pocket disbursements may include scanning, photocopying, travel, messenger services, long distance telephone calls, teleconference services, filing fees, and secretarial over-time. Payment will be due upon presentment of the bill. Bills will be sent by email to the address above.

Village of Briarcliff Manor March 18, 2021 Page 2 of 2

In the event that a dispute arises between the Firm and the Client relating to fees, the Client may have a right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the Courts. A copy of this provision will be provided to the Client upon request.

The term of the retainer shall be five years unless terminated earlier. Either the Firm or the Client may terminate this retention upon thirty (30) days prior written notice. The Firm's engagement to represent the Client will be deemed to have terminated at any time that a period in excess of six (6) consecutive months elapses during which the Client does not request, and the Firm does not furnish, any billable services.

Unless the Client advises the Firm to the contrary, the Firm shall be free to dispose of all files pertaining to this matter at any time after five (5) years have elapsed since the Firm has last performed billable services for this matter, after a reasonable attempt to notify the client. Such disposal will be accomplished in a manner that will protect the confidentiality of the files.

Please feel free to call if you have any questions or wish to discuss this agreement with me. We look forward to working with you.

Sincerely,

Steven Barshov

AGREED AND ACCEPTED:

By: ______Signature

______Print Name

______Date

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

5C. AUTHORIZE VILLAGE MANAGER TO EXECUTE RETAINER AGREEMENT WITH LAMB & BARNOSKY, LLP

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a retainer agreement with Lamb & Barnosky, LLP for Services as set forth in the agreement.

DRAFT FOR CLIENT REVIEW PRIVILEGED & CONFIDENTIAL

534 BROADHOLLOW ROAD, SUITE 210 RICHARD K. ZUCKERMAN PO BOX 9034 PARTNER MELVILLE, NY 11747-9034 (631) 694.2300  FAX: (631) 694.2309 DIRECT DIAL: (631) 414.5808 ______DIRECT FAX: (631) 454.3846 SERVICE BY FAX, EMAIL OR OTHER FORMS OF [email protected] ELECTRONIC COMMUNICATION NOT ACCEPTED

March 17, 2021

VIA E-MAIL - [email protected]

Philip Zegarelli Village Manager Village of Briarcliff Manor 1111 Pleasantville Road Briarcliff Manor, New York 10510

Re: Lamb & Barnosky, LLP

Dear Mr. Zegarelli:

Thank you for engaging Lamb & Barnosky, LLP, a limited liability partnership pursuant to New York State law (“the Firm”). We believe it is important to share an understanding of the basis on which the Firm will provide essential services to you. The purpose of this letter is, therefore, to confirm the terms and conditions upon which you have engaged the Firm.

1. Scope of Engagement

You have, effective March 8, 2021, engaged the Firm in connection with Weinstein v. Village of Briarcliff Manor, et al., Docket No. 21-cv-01996, in which you have been sued for activities allegedly undertaken in your capacity as an employee of the Village of Briarcliff Manor. The scope of our engagement may change if you ask the Firm to provide different services and the Firm agrees in writing to provide them or the Firm proceeds to provide them and bills you for them. If the Firm’s engagement changes, the terms set forth in this letter will apply to the changed engagement unless the Firm sends you a further letter modifying or superseding this one.

2. The Client’s Duty to Cooperate

You understand and agree that, in order for the Firm to effectively represent you, you must assist and cooperate with the Firm. You agree to: (1) make yourself available to discuss issues as they arise in this matter, and to make decisions regarding the matter when necessary; (2) attend and participate in meetings, conferences, preparation sessions, court and administrative proceedings and other activities in connection with the representation; (3) provide complete and accurate DRAFT FOR CLIENT REVIEW PRIVILEGED & CONFIDENTIAL

Philip Zegarelli March 17, 2021 Page 2 information and documents to the Firm on a timely basis; and (4) pay the Firm’s invoices on a timely basis as provided herein.

3. Responsibility and Team Members

I, along with Matthew J. Mehnert, will be the partners of the Firm primarily responsible for handling this matter. As appropriate, the Firm will draw upon the knowledge and skills of other attorneys in the Firm and may also assign legal assistants.

4. Keeping You Informed

The Firm is committed to keeping you informed about our work on any matters assigned to us. This includes letting you know who is working on matters assigned to us, updating you on the progress of those matters, advising you of any potential problems or delays. In the event that you need to reach one of our attorneys and the person sought is unavailable, please leave a message describing the nature and urgency of the inquiry. It is the Firm’s policy to promptly respond to all inquiries.

5. Fees, Expenses and Billings

Our fees for services will be based upon a variety of facts, including the time and labor involved; the difficulty of the questions and the skill required to perform those services properly; time limitations imposed either by you or by the circumstances; and the experience of the lawyers assigned to do the work.

Notwithstanding our standard fee schedule, we have agreed that the Village of Briarcliff Manor will be billed by the Firm for the cost of your defense and will pay our Firm for same. If, for any reason that agreement should change or be discontinued, then this retainer agreement will, subject to any applicable legal or ethical constraints, immediately terminate and we will discontinue our representation of you. This will not, of course, preclude us from reaching a different arrangement pursuant to which we continue as your counsel.

6. Communication Technology

We are mindful of our obligation to safeguard our clients’ proprietary, sensitive, or otherwise confidential information. It is important that we agree on the kinds of communication technology that will be employed in the course of this engagement. If there are particular forms of communication technology that you do not wish us to use, or if there are other specific safeguards that you would like us to put in place, please promptly advise us. If you do not so advise us, we will assume that you has given consent to, and accepted any risks attendant upon, the use of any means of communication that we deem to be appropriate (including cell phones, electronic mail, and facsimiles). DRAFT FOR CLIENT REVIEW PRIVILEGED & CONFIDENTIAL

Philip Zegarelli March 17, 2021 Page 3

7. Files

The Firm generally retains clients’ files for at least seven years after conclusion of the matter for which representation was provided. However, once the matter has been concluded, you may take possession of the files at any time by delivering a written and signed request to the Firm. If, upon the expiration of seven years after conclusion of the matter, no request has been received, the Firm reserves the right to destroy the files without further notice to you.

8. Questions and Termination

The Firm has procedures to address any issue that you would like to raise, and we encourage you to inform us if at any time our services do not meet your expectations. We will strive to promptly address any problem and in a professional manner.

You may end this relationship at any time by giving the Firm written notice. The Firm, in turn, may withdraw from the representation upon written notice in the event that you fail to cooperate with us in any way that we may reasonably request, or we determine in our reasonable discretion that it would be improper pursuant to the New York Rules of Professional Conduct or impractical to continue our relationship.

9. Entire Agreement

This letter represents the entire agreement between us concerning the terms and conditions of this engagement. By signing below, you acknowledge that this letter has been reviewed and understood and that you agree to be bound by its terms and conditions.

No change or waiver of any of the provisions of this letter will be binding on either you or the Firm unless the change is in writing and signed by you and us.

If this agreement is acceptable, please sign and return the original of this letter and retain a signed copy for your files.

Thank you for engaging Lamb & Barnosky, LLP as your counsel in this matter. I look forward to working with you!

Very truly yours,

Richard K. Zuckerman

AGREED:

DRAFT FOR CLIENT REVIEW PRIVILEGED & CONFIDENTIAL

Philip Zegarelli March 17, 2021 Page 4

By: ______Philip Zegarelli

Date: ______cc: Mayor Steven A. Vescio VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

6. APPOINTMENT OF VILLAGE PROSECUTOR AND AUTHORIZE VILLAGE MANAGER TO EXECUTE RETAINER AGREEMENT WITH STEPHEN P. DEWEY ESQ., P.C.

BE IT RESOLVED that Stephen P. Dewey, Esq. P.C. is hereby appointed serve as the Village Prosecutor for Vehicle and Traffic Court effective April 5, 2021 for a one year term; and

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a retainer agreement with Stephen P. Dewey, Esq., P.C. for Village Prosecution Services as set forth in the agreement.

RETAINER AGREEMENT

The Village of Briarcliff Manor (the “Village”) hereby retains the services of Stephen P. Dewey, Esq., P.C. to provide legal services in accordance with the following terms:

Personnel: Stephen P. Dewey, Esq., P.C. shall be responsible for providing the Village prosecution and overseeing the vehicle and traffic calendar and ongoing docket with the Justice Court of the Village Court of Briarcliff Manor.

Fixed Fee: Stephen P. Dewey, Esq., P.C. shall receive an annual fixed fee as follows: $9,600.00, payable in equal monthly installments of $800.00 for legal services as described below; which shall be invoiced to the Village on the first of the month following the performance of such services.

Scope of Services: The scope of services covered by the Fixed Fee shall include: Representing the People of the State of New York for the Village of Briarcliff Manor as Prosecutor for all Vehicle and Traffic on two (2) Court calendar dates per month; . The Fixed Fee shall also include all e-mail correspondence and telephone calls between Stephen P. Dewey, Esq., and Village Officials, Village Staff and Village Court Personnel in the normal course of business. The Village and/or Village Court staff will provide clerical and paralegal assistance for distributing or preparing notices, resolutions and internal correspondence and the collection and forwarding of mail and messages to Stephen P. Dewey, Esq., P.C. on pertinent Village matters sent directly to the Village and/or Village Court.

Non-Fixed Fee Services: Work not included in the Scope of Services described above, such as trials, discovery and/or motion practice, shall be billed at the hourly rate of $200.00 per hour for Stephen P. Dewey, Esq., P.C. or assigned partners, and $0.00 per hour for paralegals. It is understood and agreed that the Village may engage other counsel for matters not covered by the Fixed Fee and Stephen P. Dewey, Esq., P.C. may decline to handle any matter not covered by the Fixed Fee.

In addition, the Village will be responsible to Stephen P. Dewey, Esq., P.C. for any disbursements and expenses that may be incurred by them in connection with services performed. Such disbursements and expenses may be included on a regular invoice or submitted separately. Such disbursements and expenses may include, (to the extent they are not provided or paid directly by the Village), but not necessarily be limited to filing fees, expert fees, photocopying charges (only for copying exceeding 50-pages), messenger charges, over-night delivery service, postage (certified/registered mail or large mailings for notices and the like) and similar expenses. In certain instances, invoices for such services shall be forwarded for direct payment to the service provider in order to save the Village sales tax charges.

Term: The Term of this agreement shall continue until notice by either party as follows: The Village Board may terminate this agreement upon thirty (30) days prior written notice and, subject to the Village’s right to earlier termination, Stephen P. Dewey, Esq., P.C. may terminate this agreement upon sixty (60) days prior written notice, both without cause.

Other Clients: During the term of this agreement Stephen P. Dewey, Esq., P.C. shall not represent any other client before any department, board or commission of the Village. To the extent permissible by law, the Village does not object to Stephen P. Dewey, Esq., P.C. representing clients in connection with non-related vehicle and traffic Village matters in the Briarcliff Manor Village Court (e.g. civil matters, landlord-tenant summary proceedings, etc.) so long as they do not interfere with his ability to perform the services set forth herein.

Dated and effective as of 1, 2021

Stephen P. Dewey, Esq., P.C.

By: ______Stephen P. Dewey, Esq., President

Village of Briarcliff Manor

By: ______Philip E. Zegarelli, Village Manager

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

7. ACCEPTANCE OF A DONATIONS

A. BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $500 from the Gale/Christenfeld Family for the purposes of purchasing a tree.

Increase Revenue – Gifts (A0101.2705) by $500

Increase Expenses – Special Matching Expenses (A8510.420) by $500

B. BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $500 from the Glascott Family for the purposes of purchasing a tree.

Increase Revenue – Gifts (A0101.2705) by $500

Increase Expenses – Special Matching Expenses (A8510.420) by $500

C. BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $500 from the Gulotta House for the purposes of trail improvements.

Increase Revenue – Gifts (A0101.2705) by $500

Increase Expenses – Special Matching Expenses (A7110.420) by $500

Alan M. Christenfeld

From: [email protected] Sent: Monday, March 8, 2021 4:42 PM To: [email protected]; [email protected]; [email protected]; [email protected] Subject Re: Tree work/// donation

Follow Up Flag: Follow up Due By: Tuesday, March 9, 2021 4:00 PM Flag Status: Flagged

Phil:

Yes, the second was worse than the first for us too, but very happy to be vaccinated. I'm sharing your email with my neighbors who were in on the tree project so they can each also send you $500 made out to the VBM Tree Fund and sent it to your attention at Village Hall.

Thanks again for your assistance in getting the tree removed.

-----Original Message----- From: Philip Zegarelli To: [email protected] Sent: Mon, Mar 8, 2021 4:16 pm Subject: Tree work Ill donation

John ...

Hope you are well ... got my second shot ... OK ... but the second is certainly worse than the first.

We had agreed to $1,500 costing to be converted into a donation to the "VBM's Tree Fund" Assuming the share split is now amongst 3 of you ... that would obviously be $500 per person.

It would be appreciated it the 3 separate checks be made out the "VBM Tree Fund' and sent to my attention at VH.

I will then docket it on a VBM M/BOT meeting for acceptance/approval and issue separate tax deductions for the 2021 tax year.

Thanks.

Philip E Z 1-8 Village Mc BONNIE GALE 7781 Village of ALAN M. CHRISTENFELD 1111 Plea 166 RIVER ROAD DATE *l:i-, BRIARC NOR, NY 10510-2414 Briarcliff fll � (914) 944- PAYTOTHE \) � I� �� $51)0 - (914) 941- � PZegarelli DOLLARS @ 5f:;· _l_L..-,:-".A.Al:1�&.�'"-l-c'----��:,Y!___L/_{_o/_L._�Q��------=-- v ______oc�cffibank � �11 CITIBANK,N.A. BR.#852 sea?/1�R'..lllK/IU::. VE:.:,,Nc.::UE'---'-'------CltiPrivateBank n /)� /\ NEW�� AV �f \ _. M' MEMO� �,.

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JOHN W. GLASCOTT 50-1139/219 SUE FLYNN GLASCOTT 7378 174 RIVERROAD SCARBOROUGH, NY 10510 DATE 6 /IS-/2I • J ™

-- PAYTOTHE \ 'L V '(l ,r" r,,, .. --- � ORDER OF ( <;'._)e_::e d B :'L-....rC..� \ �-,,- f(llCv-.,.,r--- { O"-€, ,,.n� � I $ Soo�- ,:;;,.; �E)) '\·✓e.,,. k,_ � "'- t,Sc i Jo� � DOLLARS +-�vo 1 TOMPI

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- VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

8. BUDGET TRANSFERS

BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers for FY 2020-2021:

Budget Code Budget Code (Use Acct (Use Acct Format Department/Account Amount Format Department/Account A1325.407) Description From A1325.407) Description Amount To

Youth Programs Other - After School Program- Cntrctl Serv-Yth Rec-Otr A7160.460 Contractual Services $ 36,090.00 A7311.460 $ 36,090.00 Prog.

$ 36,090.00 $ 36,090.00

Reason for Transfer: Transfer to cover anticipated shortfalls in Youth Program contractual line for the remainder FYE2021

Budget Code Budget Code (Use Acct (Use Acct Format Department/Account Amount Format Department/Account A1325.407) Description From A1325.407) Description Amount To

A7314 Tree Camp $ 104,961.57 A.1990.499 Contingency $ 104,961.57

A7315 Super Camp $ 81,428.56 Contingency $ 81,428.56

A7316 Camp Adventure $ 71,222.72 Contingency $ 71,222.72

A7317 Camp Horizon $ 74,817.00 Contingency $ 74,817.00

$ 332,429.85 $ 332,429.85

Reason for Transfer: Transfer of all remaining Day Camp budget lines to contingency for FYE2021

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

9. FIRE DEPARTMENT MEMBERSHIP – O’NEILL

BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the under 18 membership of Noah Hirshhorn to the Scarborough Engine Company.

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA MARCH 23, 2021

10. SCHEDULE PUBLIC HEARING - CHAPTER 90 “BUILDING CONSTRUCTION AND FIRE PREVENTION

BE IT RESOLVED that a Public Hearing is hereby scheduled for the April 5, 2021 Board of Trustees meeting at 7:30pm to be held either via in-person meeting, or Zoom Video Conference, depending on the State’s directives about gatherings under NY on Pause to hear and discuss a proposed local law to amend Chapter 90 “Building Construction and Fire Prevention” of the Code of the Village of Briarcliff Manor.

Chapter 90 Article III For Discussion Only 3-19-2021

Chapter 90. Building Construction and Fire Prevention Article III. Unsafe Buildings and Structures § 90-27. Title.

The following provisions shall constitute and be known as the "Unsafe Buildings and Structures and Demolition Code of the Village of Briarcliff Manor." § 90-28. Statement of purposes.

The purpose of this chapter is to safeguard life and property by regulating the repair or removal of buildings or structures which are now, or may become, dilapidated, unsafe, dangerous, unsanitary or a menace to health, morals, safety and general welfare of the people of this Village, and which might tend to constitute a fire menace, or which are a public nuisance.

§ 90-29. Unsafe buildings.

All buildings or structures which have any or all of the following defects shall be deemed unsafe buildings: A. Those with interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. B. Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering. C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. D. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Briarcliff Manor. E. Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to cause injury to the health, morals, safety or general welfare of those who live or may live therein.

F. Chapter 90 Article III For Discussion Only 3-19-2021

Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein. G. Those having inadequate facilities for egress in case of fire or panic or those having insufficient or unsafe stairways, elevators, fire escapes or other means of communication. H. Those with any parts that may fall, detach, or give way and injure members of the public or property. I. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this Village.

J. Those which are observed to be occupied beyond their maximum allowable limits, potentially leading to unsafe, unsanitary or dangerous conditions for the health, morals, safety or general welfare of occupants or the people of this Village.

K. Those buildings existing in violation of any provision of the Building Code of this Village or any provisions of the Fire Prevention Code or other laws of this Village. § 90-30. Standards for repair, vacation or demolition.

The following standards shall be followed in substance by appropriate Department of Buildings Code Enforcement personnel, including the Building Inspector, Assistant Building Inspector, their designees and, where applicable, Chiefs of the Briarcliff Manor Fire Department, and other authorized Village employees (each a “Code Enforcement Officer”) in ordering repair, vacating, or demolition of the building or structure: A. If the unsafe building or structure can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered to be repaired as quickly as practicable. B. If the unsafe building or structure is in such condition as to make it dangerous to the health, morals, safety or general welfare or its occupants, it shall be ordered to be vacated immediately, and secured so as to prevent any unauthorized entry. C. In any case where an unsafe building or structure is damaged or decayed or deteriorated to such an extent that it cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be promptly secured to prevent any unauthorized entry, and demolished. In all cases where an unsafe building is a fire hazard existing or erected in violation of the terms of this chapter or any law of the Village or statute of the State of New York, it shall be demolished. § 90-31. Unsafe buildings as nuisances.

All unsafe buildings and structures within the terms of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided. Chapter 90 Article III For Discussion Only 3-19-2021

§ 90-32. Inspection and Notice.

A. It shall be the right of a Code Enforcement Officer, or his designee, to access, enter, or inspect, at any time any building or structure for the purpose of determining whether any condition exists which renders such place an unsafe building or structure as defined within the terms of § 90-29 of this chapter. A Code Enforcement Officer shall promptly inspect any building, structure or wall if reported unsafe by the Fire or Police Department of this Village as probably existing in violation of this chapter. B. If a building or structure is found to be unsafe, a Code Enforcement Officer shall serve a written notice of violation upon the owner of, or a person having a vested or contingent interest in, such building or structure by personal delivery, or by postal delivery to the property owner’s last known address evidenced by certified or registered mail, and by posting the violation notice in a conspicuous place upon the premises affected. For the purposes of this notice, such interested persons may include the owner, the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the building or structure, as shown by the records of the Village Treasurer and/or in the office of the County Clerk, Division of Land Records for the County of Westchester. This notice shall contain a description of the premises, a statement detailing the defects of the building or structure, and an order requiring the building or structure to be repaired, vacated, secured, or demolished. The notice shall provide that work to be undertaken, including demolition, if warranted, shall commence within ten (10) days of the date of service of the notice and that such work is to be completed within thirty (30) days thereafter. The Building Inspector, Assistant Building Inspector, or their designee may extend the time for compliance where there is evidence of intent to comply within the time specified and conditions exist which prevent timely compliance. In granting any such extension of time, the Building Inspector, Assistant Building Inspector or their designee may impose such conditions as he deems appropriate. The notice will advise that an appeal may be taken to the Village of Briarcliff Manor Zoning Board of Appeals pursuant to § 90-43.

§ 90-33. Failure to comply with order.

A. In the event that the person served with a notice and order of demolition fails to comply within ten (10) days, the Building Inspector, Assistant Building Inspector or their designee shall request the confirmation of the assessment of the unsafe building by an independent licensed engineer, architect, or certified building inspector.

B. In the event that the person served with a notice and order of vacation or repair fails to comply within (10) days, or on the confirmation of the order of demolition in Paragraph A above, the Building Inspector, Assistant Building Inspector or their designee shall notify the Village Attorney, who, shall, not less than five days nor more than 60 days from the date thereof, make application at a special term of the Supreme Court, Westchester County, for an order determining said building or structure to be a public nuisance and directing that it be repaired, vacated, or torn down. § 90-34. Assessment of costs. Chapter 90 Article III For Discussion Only 3-19-2021

If the structure surveyed is determined to be dangerous or unsafe by order of any court having jurisdiction thereof and if its repair or removal is undertaken by the Village of Briarcliff Manor, then in that event, the Village of Briarcliff Manor shall assess the property owner for all expenses of said repair or removal, including the costs of all related proceedings thereto, including engineer, architect, inspector, and court costs, recovery expenses, and reasonable attorneys' fees. Any such fees remaining unpaid for more than thirty (30) days shall be assessed against and become a lien placed upon the property. § 90-35. Administrative liability.

No officer, agent or employee of the Village of Briarcliff Manor shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Village of Briarcliff Manor as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Village or Briarcliff Manor and its attorneys until the final determination of the proceedings therein. § 90-36. Disregarding notices.

It shall be the duty of the Village Attorney to institute contempt proceeding in the event that any owner or agent having control of any building or structure fails to remove, repair or rehabilitate the same or fails to obey any order or mandate by any court of competent jurisdiction. § 90-37. Penalties for offenses.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a minimum fine of $1000 and a maximum fine of $3,000 per offense or imprisonment not exceeding 15 days, or both such fine and imprisonment. Every violation of any provision of this chapter 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. § 90-38. Vacation of premises; immediate danger.

If a Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse of the building or structure so as to endanger life, or where there is imminent danger to human life or health, notice, as detailed in § 90-32, shall be provided to the owner, owner's agent, person responsible for the building or structure and any lessees that the building, structure or portion thereof be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by appropriate a Code Enforcement Officer. There shall be posted at each entry to such building or structure a notice stating that the building is unsafe and that its use or occupancy has been prohibited by the Village of Briarcliff Manor. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, their agents, servants or employees to remove such notice without written permission of the Village of Briarcliff Manor Building Inspector, Assistant Building Inspector or their designee, or for any person to enter the building or structure, except for the purpose of making the required repairs or of demolishing the same. When necessary for the public safety, the Building Inspector may, in cooperation with the Superintendent of Public Works, the Village Engineer and the Police Chief, Chapter 90 Article III For Discussion Only 3-19-2021

temporarily close sidewalks, public or private streets and adjacent buildings and structures and prohibit the same from being used. Any violation of this section shall result in a penalty pursuant to § 90-37.

§ 90-39. Appeals.

A. Any person, owner, corporation and/or agent aggrieved by the service of a notice and order detailed in this chapter may appeal the notice and order, including any requirement to undertake repairs, vacate the building or structure and/or demolish the building or structure, to the Village of Briarcliff Manor Zoning Board of Appeals. B. Within 10 days after the date of service of the notice detailed in this chapter, the aggrieved person may appeal to the Village of Briarcliff Manor Zoning Board of Appeals. The appeal shall be in writing and addressed to the Village of Briarcliff Manor Building Department. The appeal shall be transmitted Commented [PSC1]: Or Village Clerk? by the Building Department to the Village of Briarcliff Manor Zoning Board of Appeals and the Village Attorney within five days of receipt. No appeal will be considered after expiration of the ten-day period. C. The Village of Briarcliff Manor Zoning Board of Appeals shall decide questions involving the interpretation of provisions in this chapter, including whether the notice/order appealed from should be affirmed, modified or revoked and if the notice/order is affirmed or modified, the time to comply with the order.

Chapter 90 Article III For Discussion Only 3-19-2021

Article IV. Electrical Standards § 90-40. Electrical Inspector.

A. The duly appointed inspectors of a qualified inspection agency approved by the Village are hereby authorized and deputized as agents of the Village of Briarcliff Manor to act as electrical inspectors and to make inspections and reinspections of all electrical installations hereafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Village of Briarcliff Manor. There may be appointed by the Village Manager an electrical inspector who, acting under the Building Inspector, shall supervise and administer the electrical section of the Uniform Code. The Building Inspector may also serve as the electrical inspector if so appointed. § 90-41. Duties of the Electrical Inspector.

A. It shall be the duty of the Electrical Inspector to report in writing to the Building Inspector of the Village, whose duty it shall be to enforce all provisions of this chapter and all violations or deviations from or omissions of the electrical provisions of the Uniform Code. The Electrical Inspector shall make inspections and reinspections of electrical installations in and on properties in the Village upon the written request of the Building Inspector. The Electrical Inspector shall be authorized to make inspections and reinspections of electrical wiring, installations, devices, appliances and equipment, in or on properties within the Village where the Building Inspector deems it necessary for the protection of life and property. In the event of an emergency, it shall be the duty of the Electrical Inspector to make electrical inspections upon the oral request of the Building Inspector. B. It shall be the duty of the Electrical Inspector to furnish written reports to the Building Inspector and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He or she shall authorize the issuing of a certificate of occupancy when electrical installations and equipment are in conformity with the Uniform Code. § 90-42. Permits and fees.

A. Before commencing any electrical alterations, additions or new work, an owner and/or lessee, his or her contractor or authorized agent shall apply to the Building Inspector for a building permit in accordance with § 90-12. The applicant shall further submit to the Building Inspector the standard application form for inspection of the work by a qualified inspection agency approved by the Village. B. There shall be a fee paid for the building permit at the time in accordance with the provisions set forth in § 90-23 of this chapter. C. A separate permit shall be required for each building or unit, such as each boiler, gasoline pump, electric pump or elevator. Chapter 90 Article III For Discussion Only 3-19-2021

Article V. Vacant Building Registry § 90-43. Legislative findings; purpose.

It is the finding of the Board of Trustees that buildings 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 speed the rehabilitation of the vacant 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 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 the Superintendent of Public Works. 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 section. 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. SECURED BY OTHER THAN NORMAL MEANS A building secured by means other than those used in the design of the building. UNOCCUPIED A building which is vacant or is not legally being used for an occupancy authorized by the Village of Briarcliff Manor. UNSECURED A building or portion of a building which is open, accessible or may create an attractive nuisance. VACANT BUILDING Any building, structure or portion thereof designed or used for residential or commercial purposes which has been unoccupied or unused (i) one hundred eighty (180) days in the case of a residential use single-family residence; or (ii) sixty (60) days in all other cases. Additionally, a vacant building may include any building, structure or portion thereof that is Chapter 90 Article III For Discussion Only 3-19-2021

unoccupied or unfurnished so as to be uninhabitable, as determined by the appropriate village, county or state agency § 90-45. Vacant building registration; fees.

A. The owner shall register with the Building Department not later than thirty (30) days after any building located in the Village becomes a vacant building or not later than ten (10) days after determination of vacancy by an Enforcement Officer. The Enforcement Officer may identify vacant buildings through onsite observation and inspection, as well as through affirmation of residents, neighborhood associations and other community groups. The owner shall register the property annually with the Building Department within the first thirty one (31) days of each year, 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 lien holders 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. (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) Chapter 90 Article III For Discussion Only 3-19-2021

If the 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 or certificate of completion 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 thirty (30) days of such change. E. Any new owners shall be required to register the vacant building with the Building Department within thirty (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 shall remove all combustible 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 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. Chapter 90 Article III For Discussion Only 3-19-2021

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 lighted 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 a commercial occupancy becomes vacant. O. Vacant building fees. (1) The owner of a vacant building shall pay an annual fee as determined by a resolution of the Board of Trustees and published in the Master Fee Schedule, for any building that remains vacant for more than sixty (60) days of any year. The fee shall be paid within thirty (30) days after the building becomes vacant. Any fee not paid within such time, shall be subject to interest and penalties. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the Village in monitoring the vacant building site. (2) The first annual fee shall be paid no later than thirty (30) days after the building becomes vacant.

(3) Commented [PSC2]: To be entered in Master Fee The following fees are hereby imposed: Schedule, as determined by BOT Property Each Subsequent Type Year 1 Year 2 Year 3 Year Residential First unit: $400; First unit: First unit: First unit: $2,000; each additional $1,000; each $1,000; each each additional unit: $400 additional unit: additional unit: unit: $1,000 $400 $600 Commercial $2,000 or $0.20 $2,150 or $0.30 $3,000 or $0.40 $5,000 or $0.50 per square foot, per square foot, per square foot, per square foot, whichever is whichever is whichever is whichever is greater greater greater greater (3) If the fee is not paid within 30 days of being due, the owner shall be subject to a penalty of $200 per month and prosecution in court. If a plan is extended beyond 365 days, subsequent annual fees shall Chapter 90 Article III For Discussion Only 3-19-2021

be due on the anniversary date. Any fee not paid at this time shall be subject to payment of an additional penalty of $200 per month for each month the fee remains unpaid, such additional penalty coming due on the first day of each month. 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. (4) All outstanding fees shall be paid in full prior to the issuance of any permits issued by the Building Department, with the exception of any demolition permit. § 90-46. Exemptions.

A. Any property on which a building permit has been received and is being actively developed shall be exempt from the registration requirement for a period of six months from the date of the written request for an exemption which has been submitted to the Building Department. If additional time is needed, the Building Department may grant one additional exemption by which time the work on the building shall be completed. The written request shall include the following information supplied by the owner: (1) A description of the premises, address, lot and block; (2) The names, addresses and phone numbers of the owners; and (3) A statement indicating the expected date of the completion of the development of the property. § 90-47. Inspections and reports.

A. The Building Department, Police Department, and Department of Public Works may inspect any premises in the Village for the purposes of enforcing and assuring compliance with the provisions of this article. Upon the request of the Enforcement Officer, an owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection. Nothing contained herein, however, shall diminish the owner's right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Enforcement Officer or his or her designees in order to enable such inspection, and the Enforcement Officer shall be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises. Commented [PSC3]: Needed? B. The Building Inspector 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. Chapter 90 Article III For Discussion Only 3-19-2021

§ 90-48. Appeals.

A. The property owner may appeal any adverse decision of the Building Inspector or his designee under this article to the Zoning Board of Appeals by filing a written request for review with Village Clerk, setting forth the reasons for the appeal, within ten (10) days after receipt of the determination. B. A timely request for appeal shall stay any action of the Building Department for a maximum of thirty (30) days, until the Zoning Board of Appeal has decided the appeal. If a request for appeal is not made within the ten-day period, the action of the Building Inspector or his designee is final. C. The Zoning Board of Appeals shall consider the evidence submitted by the property owner while reviewing the decision of the Building Inspector. The ZBA shall make its decision on the basis of the preponderance of the evidence and shall render a decision within thirty (30) days after the request for an appeal is filed. The ZBA shall affirm, reverse or modify the action of the Building Inspector and the decision of the ZBA is final as to administrative remedies with the Village. § 90-49. Penalties for offenses.

Any person violating any of the provisions of this chapter 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 chapter 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.

Chapter 90-12 Permits required; applications; amendments UPDATED 3-19-2021

Chapter 90. Building Construction and Fire Prevention Article II. Building Inspector; Inspections and Permits § 90-12. Permits required; applications; amendments.

A. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a building system, solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person, firm, corporation or other entity shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector. B. No building permit shall be required for work in any of the following categories: (1) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (such as townhouses); (2) Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (3) Installation of fences which are not part of an enclosure surrounding a swimming pool; (4) Construction of temporary motion picture, television and theater stage sets and scenery; (5) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (6) Installation of partitions or movable cases less than five feet nine inches in height; (7) Painting, wallpapering, tiling, carpeting, or other similar finish work; (8) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (9) Repairs, provided that such repairs do not involve: (a) The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component; Chapter 90-12 Permits required; applications; amendments UPDATED 3-19-2021

(b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) The enlargement, alteration, replacement or relocation of any building system; or (d) The removal from service of all or part of a fire-protection system for any period of time. (10) Patios, or other similar impervious surfaces, less than two hundred (200) square feet, that comply with all other Chapters of the Village Code. Patios constructed before the effective date of this amendment shall be deemed legal.

C. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code or any applicable provisions of the Village Code. D. Application for a permit shall be made on forms provided by the Village, by the owner or lessee or the agent of either or by the architect, engineer or builder employed in connection with the proposed work. The application shall be signed by the owner of the property where the work is to be performed or by an authorized agent of the owner. E. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) A description of the proposed work; (2) The Tax Map number and the street address of the premises where the work is to be performed; (3) The occupancy classification of any affected building or structure; (4) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; (5) At least three sets of construction documents (drawings and/or specifications) which: (a) Define the scope of the proposed work; (b) Are prepared and signed by a New York State registered architect or licensed professional engineer where so required by the Education Law or otherwise signed by the person responsible for the design and drawings; Chapter 90-12 Permits required; applications; amendments UPDATED 3-19-2021

(c) Indicate with sufficient clarity and detail the nature and extent of the work proposed including, but not limited to, description of the size of all proposed new construction and all materials to be incorporated and, where required by the Building Inspector, details of structural, plumbing, mechanical and electrical work, including computations, stress diagrams and other essential data; and (d) Substantiate that the proposed work will comply with the Uniform Code and the Energy Code. (6) An updated survey; (7) A plot plan or site plan where applicable, drawn to scale, showing the location and size of all proposed new construction as well as the location of all existing buildings and structures on the site, distances from lot lines, the relationship of structures on adjacent property, the widths and grades of adjoining streets, walks and alleys, watercourses, easements and utilities on the property and the location of any existing or proposed well or septic system; (8) Applications shall be accompanied by a statement that the work shall be performed in compliance with the Uniform Code and the Energy Code; (9) Any other items required by the Building Department's check list, as same may be amended. F. Applications shall be accompanied by the required fee, as set forth in § 90-23 of this chapter. G. All statements in the application for a building permit shall be subject to affirmation under oath. Each application shall indicate the estimated cost of the project. If, in the judgment of the Building Inspector, the stated estimated cost is manifestly incorrect, the Building Inspector may employ an architect or engineer to make an independent estimate of the cost of the proposed project, and the expense of such estimate shall be paid by the applicant. “Estimated cost” shall mean the reasonable market value of all labor, materials, equipment and professional services entering into and necessary for the prosecution of the proposed project, including all property improvements, except the cost of the land and landscaping. The Building Inspector shall require the applicant to submit a notarized affidavit of final cost of construction and pay the adjustments in the building permit fee.