Board of Trustees

VILLAGE OF PORT CHESTER BOARD OF TRUSTEES Agenda Work-Session Wednesday, June 2, 2021 at 6:30 P.M. PROPOSED EXECUTIVE/CLOSED SESSION 6:30 P.M. VILLAGE HALL CONFERENCE ROOM 222 Grace Church Street Port Chester, New York AGENDA - Revised __________________________________________________________________________ I CALL TO ORDER / PLEDGE OF ALLEGIANCE II PROPOSED EXECUTIVE/CLOSED SESSION ACTION 1 Consultation with Village Attorney III AGENDA - WORK SESSION ACTION 1 2021-06-07 Agenda 2 2021-06-21 Agenda IV DISCUSSIONS ACTION From 05/17/2021 1 Sylvan Road follow up PUBLIC HEARING Requested by: 2 4th of July donation of $5,000.00 to the fireworks event BOT Requested by: 3 Columbus Park Soccer Field turf replacement Heather Krakowski CDBG Application for 2022-2024 Grant Cycle • Geothermal Utility upgrade to Village Hall Requested by: 4 Acting Village Manager Stuart Rabin • DPW Above Ground Gas Tanks • 350 N. Main Street Generator & Utility Service Upgrades V RESOLUTIONS ACTION Setting a Public Hearing to consider grant applications to the 1 Westchester County Community Development Block Grant (CDBG) program Setting a Public Hearing to consider the advisability of adopting a local law amending the Code of the Village of Port Chester, Chapter 345, Zoning, Table 345-405.K.1 titled “Building & Principal Uses” by 2 reclassifying the “Catering and Event Establishment” use in the CD-4 District from a “Not Permitted” use to a “Permitted” use subject to certain geographic limitations Setting a public hearing to consider the Advisability of adopting a 3 local law amending Chapter 319, “Vehicle and Traffic”, Village Code with regard to the manner of payment for municipal parking VI CORRESPONDENCE ACTION From Park Avenue School requesting road closure for Moving Up 1 Ceremony 1 2021-06-02 Agenda  CALL TO ORDER PLEDGE OF ALLEGIANCE PROPOSED MOTION FOR EXECUTIVE SESSION AGENDA - WORK SESSION  VILLAGE OF PORT CHESTER BOARD OF TRUSTEES D R Regular Meeting A Monday, June 7, 2021 at 7:00 P.M. F TOWN OF RYE JUSTICE COURTROOM T 350 North Main Street Port Chester, New York AGENDA __________________________________________________________________________ I CALL TO ORDER / PLEDGE OF ALLEGIANCE AFFIDAVIT OF PUBLICATION AND NOTICE OF II ACTION PUBLICATION RE: Public hearing to consider the advisability of adopting a local law amending Chapter 345, “Zoning” and A402 “Land Subdivision Awaiting Planning 1 Regulations” with regard to parkland or fees in-lieu thereof for site plan Recommendation and subdivision approvals containing residential units. III PUBLIC COMMENTS ACTION IV REPORT OF THE VILLAGE MANAGER ACTION V RESOLUTIONS ACTION 1 Accepting of Grant monies $4,000.00 from the USTA Awarding bid to County Coach Corp. for Buses for Various Trips (Coach 2 Buses or Equivalent) in the amount of $31.975.00 for the 2021-2022 Fiscal Year and an option for the 2022-2023 Fiscal Year. Awarding bid to County Coach Corp., for Buses for Various Trips (School 3 Buses or Equivalent) in the amount of $38,450.00 for the 2021-2022 Fiscal Year and an option for the 2022-2023 Fiscal Year Awaiting Establish Capital Project & Budget #2021-241 - Columbus Park RESOLUTION 4 Improvements (New Turf Surface for Soccer Field & Playground BACKUP Need New WC Upgrades) Contract Authorizing the Village Manager to enter into a renewal agreement with PMA Management Corp. for third-party administration services 5 with regard to "Run Off" claims under Village's prior self-insured Workers Compensation program Authorizing extension of authority to adopt and enforce traffic and 6 parking regulations at the marina parking lot Awarding BID# 2021-05 to Jablko Construction in the amount of Awaiting 7 $103,000 for Village stormwater improvements RESOLUTION BACKUP Awaiting 8 Awarding RFP# 2021-02 - Video Production Services to ___________ RESOLUTION BACKUP Awarding RFP# 2021-04 - Engineering Administration Services Marina Awaiting 9 Bulkhead Project to ___________ RESOLUTION BACKUP Appointment of _____________ to Village Manager effective ______, Awaiting 10 2021. RESOLUTION BACKUP 1 2021-06-07 Agenda VI CORRESPONDENCE ACTION Caring and Loving Foundation Request Permission for the use of Lyon 1 Park and Showmobile, July 18 2021 VII PUBLIC COMMENTS AND BOARD COMMENTS ACTION 2 2021-06-07 Agenda  VILLAGE OF PORT CHESTER BOARD OF TRUSTEES D R Regular Meeting A Monday, June 21, 2021 at 7:00 P.M. F TOWN OF RYE JUSTICE COURTROOM 350 North Main Street T Port Chester, New York AGENDA __________________________________________________________________________ I CALL TO ORDER / PLEDGE OF ALLEGIANCE AFFIDAVIT OF PUBLICATION AND NOTICE OF II ACTION PUBLICATION RE: Public Hearing to consider the application of King EZ 21 LLC for final plat 1 approval regarding the proposed subdivision of the property located at 575 King Street into four (4) single-family lots. Public Hearing to consider the advisability of adopting a local law amending the Code of the Village of Port Chester, Chapter 345, Zoning, Table 345-405.K.1 titled “Building & Principal Uses” by reclassifying the Pending 2 “Catering and Event Establishment” use in the CD-4 District from a “Not Resolution Approval Permitted” use to a “Permitted” use subject to certain geographic limitations Public Hearing to consider the advisability of adopting a local law Pending 3 amending the Code of the Village of Port Chester, Chapter 319, Vehicles Resolution Approval and Traffic, with regard to the manner of payment for municipal parking III PUBLIC COMMENTS ACTION IV REPORT OF THE VILLAGE MANAGER ACTION Staff Reports - Planning 1 V RESOLUTIONS ACTION Awaiting 1 Budget Transfers – 2020/21 General Fund Fiscal Year End RESOLUTION Awaiting 2 Budget Amendments – 2020/21 General Fund Fiscal Year End RESOLUTION Capital Projects Close Out & Associated Inter Fund Transfers as of Awaiting 3 Fiscal Year Ended May 31, 2021 RESOLUTION Amending Chapter 319, Article XIV, Schedules, “Vehicle and Traffic”, Awaiting 4 Village Code, with regard to parking meter zones RESOLUTION 5 Taxi Dispatching Licenses VI CORRESPONDENCE ACTION 1 VII PUBLIC COMMENTS AND BOARD COMMENTS ACTION 1 2021-06-21 Agenda DISCUSSION RESOLUTIONS  RES 1 RESOLUTION 06-02-2021 SETTING A PUBLIC HEARING TO CONSIDER GRANT APPLICATIONS TO THE WESTCHESTER COUNTY COMUITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM On motion of TRUSTEE , seconded by TRUSTEE , the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, the Village of Port Chester is a long-standing participant in Westchester County’s Community Development Program; and WHEREAS, as part of the County’s Program, the Village desires to make application in the 2022-2024 funding cycle for Community Development Block Grant funding; and WHEREAS, the Village desires to make application for funding for the following projects: - Geothermal Utility upgrade to Village Hall - Department of Public Works Above-Ground Gas Tanks - 350 North Main Street Generator and Utility Service Upgrades; and be it further RESOLVED, that interested persons seeking to comment on same and/or propose new projects are invited to attend and will be afforded the opportunity to be heard, and be it further RESOLVED, that public service organizations within the Village desiring to make grant applications under the Program are likewise invited to attend and make comment. Approved as to Form: Anthony M. Cerreto, Village Attorney  RES 2 06-02-2021 RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE ADVISABILITY OF ADOPTING A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF PORT CHESTER, CHAPTER 345, ZONING, TABLE 345.405.K.1 TITLED “BUILDING & PRINCIPAL USES” BY RECLASSIFYING THE “CATERING AND EVENT ESTABLISHMENT” USE IN THE CD-4 DISTRICT FROM A “NOT PERMITTED” USE TO A “PERMITTED” USE SUBJECT TO CERTAIN GEOGRAPHIC LIMITATIONS On motion of TRUSTEE , seconded by TRUSTEE , the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that the Board of Trustees hereby sets a public hearing on June 21, 2021 at or about 7:00 p.m. at the Town of Rye Justice Court Courtroom, 350 North Main Street, 2nd Floor, Port Chester, New York, to consider the advisability of adopting a local law amending the Code of the Village of Port Chester, Chapter 345, Zoning, Table 345- 405.K.1 titled “Building & Principal Uses” by reclassifying the “Catering and Event Establishment” use in the CD-4 District from a “Not Permitted” use to a “Permitted” use subject to certain geographic limitations. Approved as to Form: Anthony M. Cerreto, Village Attorney  New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 Local Law Filing www.dos.ny.gov Village of Port Chester, New York Local Law No. I-4 of the Year 2021 A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF PORT CHESTER, CHAPTER 345, “ZONING”, TABLE 345.405.K-1 TITLED “BUILDING & LOT PRINCIPAL USES” BY RE-CLASSIFYING THE “CATERING AND EVENTS ESTABLISHMENT” USE IN THE CD-4 DISTRICT FROM A “NOT PERMITTED” USE TO A “PERMITTED” USE SUBJECT TO CERTAIN GEOGRAPHIC LIMITATIONS Be it enacted by the Board of Trustees of the Village of Port Chester, New York as follows: SECTION 1: Purpose and Intent. A petition to amend Table 345.405.K-1 titled “Building & Lot Principal Uses” of the Code of the Village of Port Chester by re-classifying the “Catering and Events Establishment” use in the General Urban Character District (“CD-4 District”) from a “Not Permitted” use to a “Permitted” use in certain geographic limitations has been received by the Board of Trustees. The proposed locations within the CD-4 District where the Catering and Events Establishment Use would be permitted include those facing Midland Avenue between Slater Street and Cottage Street (northwestern side only), Boston Post Road between Slater Street and High Street (southeastern side only), and Slater Street (southwestern side only) (the “Proposed Rezoning Area”). The Board of Trustees finds that the Proposed Zoning Amendment is strictly tailored to ensure that any Catering and Events Establishment Use located in the Proposed Rezoning Area is compatible with the surrounding area. The CD-4 District is designated as a medium-density transition area with a mix of building types and residential, retail/personal service/artisan, office, lodging, and civic uses to act as a buffer between the Village’s downtown urban core and the residential neighborhoods. The CD- 4 District was intended to act as one district for purposes of character and design while acknowledging that certain uses, such as commercial uses, are better suited for limited locations within the CD-4 District rather than throughout the entire district. Permitting Catering and Events Establishments in this area will allow the Village to concentrate this use to areas that are currently defined by larger lots with a commercial or light industrial presence while also utilizing the geographic proximity to the Village’s major thoroughfares and the Interstate 95 and Interstate 287 junction. Amending the Zoning Code to permit Catering and Events Establishments in the Proposed Rezoning Area is consistent with the spirit and intent of the Village’s Comprehensive Plan. The Proposed Zoning Amendment will attract new businesses to the Village and will lead to improved conditions and appearances by fostering the adaptive reuse and rehabilitation of buildings. New Catering and Events Establishments along this commercial corridor will also complement the existing business sectors, increase the retail capture rate, and promote tourism by attracting visitors from around the region to unique businesses. SECTION 2: The Code of the Village of Port Chester, Chapter 345, Zoning, Table 345.405.K-1 titled “Building & Lot Principal Uses” is hereby amended as follows: 4827565.v1 4827565.v1 SECTION 3: Supersession. Any provisions of the Village Code that are in conflict or inconsistent with the provisions of this local law are hereby superseded to the extent necessary to give this local law full force and effect. SECTION 4: Severability. If any provision of this local law is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provisions or part thereof and the remaining part of such provision andall other provisions shall continue in full force and effect. SECTION 5: Effective Date. This local law shall be effective immediately upon due publication and filing with the Secretary of State. 4827565.v1  RES 3 06-02-2021 RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE ADVISABILITY OF ADOPTING A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF PORT CHESTER, CHAPTER 319, VEHICLE AND TRAFFIC, WITH REGARD TO THE MANNER OF PAYMENT FOR MUNICIPAL PARKING On motion of TRUSTEE , seconded by TRUSTEE , the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that the Board of Trustees hereby sets a public hearing on June 21, 2021 at or about 7:00 p.m. at the Town of Rye Justice Court Courtroom, 350 North Main Street, 2nd Floor, Port Chester, New York, to consider the advisability of adopting a local law amending the Code of the Village of Port Chester, Chapter 319, Vehicles and Traffic, with regard to the manner of payment for municipal parking. Approved as to Form: Anthony M. Cerreto, Village Attorney  New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 Local Law Filing www.dos.ny.gov Village of Port Chester, New York Local Law No. I-5 of the Year 2021 A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF PORT CHESTER, CHAPTER 319, “VEHICLES AND TRAFFIC”, WITH REGARD TO THE MANNER OF PAYMENT FOR MUNICIPAL PARKING Be it enacted by the Board of Trustees of the Village of Port Chester, New York as follows: SECTION 1: Purpose and Intent Over the past several years, the Village of Port Chester has completed a multi-year capital project that eliminated single-space parking meters in favor of state-of-the-art multi-space meters or pay stations. These payment devices utilize the “pay and display” model whereby users are required to display receipt of payment for a parking space inside their vehicle to be visible to parking enforcement personnel. Good parking management supports continued use of evolving technology to promote commerce, create greater parking opportunity, increased convenience to users and more effective enforcement. The Board has therefore made it a priority to convert the current model of payment for parking to “pay by plate” and additionally enable users to be able to remotely make payment from a cell phone, tablet or other computer device. This local law updates the Village Code to reflect the changes in payment methods for municipal parking and proactively anticipates new payment methods and technologies that likely be put in place in the future. SECTION 2. The Code of the Village of Port Chester, Chapter 319, Section 319-33, is hereby amended as follows: Section 319-33 Parking meter zones and parking meters A. In the parts of the highways and municipal parking lots in the Village of Port Chester described in Schedule XXVI (Section 329-87) and established as parking meter sones, [parking meters and multi-space meters] pay stations or kiosks shall be installed, operated, maintained, policed and supervised. Where signs are erected or curbs or the bed of the streets are painted giving notice thereof or [parking meters] pay stations or kiosks are installed in such parts of said highways and lots, and except in an emergency or in compliance with the direction of a peace officer or traffic control signal or sign, no vehicle shall be parked longer than the time limit indicated on the days and during the hours specified in Schedule XXVI. Additional locations and parking restrictions may be adopted by resolution of the Board of Trustees and added to Schedule XXVI. B. Parking meter rates are set forth in Chapter 175, Fees. SECTION 3. The Code of the Village of Port Chester, Chapter 319, Section 319-34, is hereby amended as follows: Section 319-34 Installation of meters. A. The Village Manager of the Village of Port Chester is hereby authorized to have [parking meters and multi-space meters,] pay stations or kiosks installed at designated locations in such parking meter zones as are created by this article. [Such parking meters shall be placed in front of, alongside or next to parking meters spaces as hereinafter provided. [Meters serving more than one parking meter space,] Pay stations or kiosks shall be placed in such locations as to be convenient for users, and signage shall be placed to direct users [for such multispacer meters] for their use. All parking in on-street parking spaces shall be parallel to the curbline of the sidewalk, except as otherwise specified. The Village Manager shall provide for the installation, operation, maintenance, policing and supervision of such [parking meters,] pay stations or kiosks and see that [all meters] they are kept in good workable condition. Such [meters,] pay stations or kiosks shall be equipped to accept payment by United States coin or currency and [, with respect to multi-space meters, additionally] credit or debit card. Each [said parking meter,] pay station or kiosk shall be set to display a signal showing legal parking upon the deposit of each form of payment for the time conforming to the parking limit set forth in Schedule XXVI for the part of the highway, street or municipal parking lot [upon which the meter is placed] served by the pay station or kiosk. B. In the event that any work or activity is proposed to be done next to a parking [meter] space so that [the parking meter] space [it]is obstructed for the parking of motor vehicles [at the space reserved for parking], then [in that event] the person who is doing the work shall be required to obtain [purchase] from the Village Clerk [Department] a permit for the obstruction of said space for each day the space is obstructed while the work progresses, at a cost as set forth in Chapter 175, Fees. SECTION 3: The Code of the Village of Port Chester, Chapter 319, Section 319-35, is hereby amended as follows: Section 319-35 Operation of meter; overtime parking When any vehicle shall be parked [in any space alongside of or next to where there is located a parking meter or] in a space in a parking lot or on a street or highway where there is located a [multispace meter, meter,] pay station or kiosk, the operator or driver shall, upon entering said parking space, immediately deposit the appropriate payment as required in Schedule XXVI. If any vehicle shall be considered as parked overtime or beyond the time fixed, and parking of a vehicle overtime or beyond the time fixed in any such part of a lot, street or highway where such [meter,] payment station or kiosk is located shall be deemed a violation of this article and shall be punishable as hereinafter set forth. SECTION 4: The Code of the Village of Port Chester, Chapter 319, Section 329-35.1, is hereby amended as follows: Section 319-35.1[Pay and display] Pay by plate; mobile pay application; other manners of payment [When any vehicle shall be parked in any space alongside of r next to where there is a parking meter, or in a space in a parking lot, street or highway where there is located a multi-space meter , the operator or driver shall, upon entering said parking space immediately deposit the appropriate payment as required in Schedule XXVI (Section 319-87) and shall place receipt for parking in such manner as to be viewed through the windshield face-up on the driver-side dashboard, Noncompliance shall result in an overtime parking violation.] Payment for municipal parking at a [multispace meter,] pay station or kiosk shall be made referencing the plate number of the vehicle. Additionally, users may likewise have the opportunity to make payment by utilizing the Village’s authorized mobile payment application or such other such future new payment technologies that may be introduced and authorized by the Village Manager. SECTION 5: The Code of the Village of Port Chester, Chapter 319, Section 319-36, is hereby amended as follows: Section 319-36 Violation It shall be unlawful and an offense for any person to permit a vehicle to remain parked in any parking space [alongside of or next to which any parking meter is placed, or in a space] in a parking lot, street or highway [where there is] served by a[ multi-space meter,] pay station or kiosk where such and other authorized payment devices [meter] display[s] a signal or notice showing that such vehicle shall have already parked beyond the period of time fixed for such parking space. SECTION 6: The Code of the Village of Port Chester, Chapter 319, Section 319-37, is hereby amended as follows: Section 319-37 Manner of parking A. Any vehicle parked in any parking space in any parking zone shall be parked [with the hood of such vehicle alongside of or next to the parking meter alongside said parking space, provided that the space is not in a parking lot where there is a multi-space meter,] face-forward and [said vehicle shall be parked] within the lines marked on the street or lot for such parking space as hereinafter provided and parallel to the curb if [applicable] on a street or highway, except where otherwise specified in Schedule XXVI. B. The Village Manager, or such other officer or employee of the Village of Port Chester as he or she may select, [shall] may place lines or markers on the curb, street or lot, as the case may be be, to designate the parking space for which the [meter or multispace meter,] pay station or kiosk shall serve [is to be used] and each vehicle shall park within the lines or markings so established. It shall be unlawful and offense to park any vehicle across any such line or mark or to park said vehicle in such a way that the same shall not be within the area so designated by such lines or markings. SECTION 7: The Code of the Village of Port Chester, Chapter 319, Section 319-38, is hereby amended as follows: Section 329-38 Use of slugs; tampering with [meters] pay stations and kiosks. A. It shall be unlawful and an offense to deposit or cause to be deposited in any[ multispace parking meter, ]pay station or kiosk any slug, device or substitute for coinage or paper currency of the United States. B. It shall be unlawful and an offense for any unauthorized person to deface, injure, tamper with, open or willfully break, destroy or impair or impair the usefulness of any [parking meter or multispace meter, ]pay station or kiosk installed under the provisions of this Article. SECTION 8: The Code of the Village of Port Chester, Chapter 319, Section 319-39, is hereby amended as follows: Section 319-39 Use of parking fees The payments required herein are levied as police regulation and inspection fees to cover the cost of installation, operation, maintenance, policing and supervision of [multispace parking meters,] pay stations or kiosks and the enforcement of the provisions of this Article, the adoption of which is deemed necessary for the regulation and control of traffic. SECTION 9: The Code of the Village of Port Chester, Chapter 319, Section 319-40, is hereby amended as follows: Section 319-40 Collection ad disbursement of fees It shall be the duty of the Village Manager to designate some member or members of the Parking Department or some other employee or employees of the Village of Port Chester to make regular collections of the money deposited in [said meters and multi-space meters,] pay stations or kiosks. The designated member or employee shall, in the presence of an employee of the Finance Department, witness the counting of the payments received from such meters, which shall then be deposited on a timely basis in the designated depository to the credit of the General Fund. SECTION 10: Supersession. Amy provisions of the Village Code that are in conflict or inconsistent with the provisions of this local laws are hereby superseded to the extent necessary to give this local law full force and effect. SECTION 11: Severability. If any provision of this local law is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provisions or part thereof and the remaining part of such provision and all other provisions shall continue in full force and effect. SECTION 12. Effective Date. This local law shall be effective immediately upon due publication and filing with the Secretary of State. CORRESPONDENCE