Board of Trustees

VILLAGE OF PORT CHESTER BOARD OF TRUSTEES Agenda Work-Session Wednesday, August 2, 2023 at 6:30 P.M. PROPOSED EXECUTIVE/CLOSED SESSION 6:30 PROPOSED CLOSED SESSION AT THE END OF THE MEETING VILLAGE HALL CONFERENCE ROOM 222 Grace Church Street Port Chester, New York AGENDA Trustee Bart Didden will be attending the meeting via videoconferencing from 80 W Side Rd, New Shoreham, Rhode Island 02807, which will be open to the public for this meeting as well as the 222 Grace Church Street location Trustee John J. Allen, Jr. will be attending the meeting via videoconferencing from 18 Abbott Ave., Ocean Grove, NJ, which will be open to the public for this meeting as well as the 222 Grace Church Street location __________________________________________________________________________ I CALL TO ORDER / PLEDGE OF ALLEGIANCE II PROPOSED EXECUTIVE/CLOSED SESSION ACTION To discuss the appointments of prospective candidates to numerous 1 Boards/Commissions Consultation with Special Counsel and Village Attorney regarding 2 pending litigation 3 Consultation with special counsel regarding Veolia Water rate case. Consultation with the Village Attorney regarding a negotiation with 4 Seagrave Fire Apparatus, LLC. III DISCUSSIONS ACTION 1 Form-Based Code - CD-5 CD-6 Committee Requested by: Mayor Marino 2 Placement requests for anything on Village property Requested by: Trustee Didden Village Clerk Local Government Records Management Improvement Requested by: 3 Fund (LGRMIF) Grant Award Village Manager Stuart L. Rabin New York State Liquor Authority’s 500ft. Law Hearing regarding AGM 4 Restaurant Inc. Requested by: Village Clerk Adopt rules regarding personal financial disclosures for assets held in 5 Port Chester that would lead to potential conflicts of interest Requested by: Trustee Carvin 6 Putting in place protocols of decency in board communication Requested by: Trustee Carvin Department heads attending Board of Trustees meetings on a regular Requested by: 7 basis Trustee Grangenois-Thomas Requested by: 8 On setting a date for a continuation of a priorities meeting Trustee Grangenois-Thomas Requested by: 9 Municipal Roof Repairs Village Manager Stuart L. Rabin IV REPORT OF THE VILLAGE MANAGER ACTION V RESOLUTIONS ACTION Reinstatement of Stephen Alvarez to Permanent Employment of Police 1 Officer of the Village of Port Chester, New York, effective this date 2 Appointment of Alejandro Leyva to the Mellor Engine & Hose Co. No. 3 1 2023-08-02 Agenda  Ratifying License Agreement to facilitate demolition progress for United 3 Hospital Redevelopment Project 4 IMA Youth Community Forum Awarding RFP #2023-03 for Bond Counsel to Orrick Herrington & 5 Sutcliffe LLP VI CORRESPONDENCE ACTION From the Planning Commission recommending repeal of § 345- 1 405N.(1)(d), and the term Shared Parking Factor From the Taxi Commission regarding amendments to the Village Code 2 Chapter 295 Taxicabs From Kings Capital Construction regarding Waiver for Construction 3 Noise From Sonia Napoli regarding the Taxi Dispatching License from Anaen 4 Goyburu Corporation to ACN Grand Corp. Cheryl Geller regarding NAACP Freedom Fund requesting the use of the 5 Port Chester Senior Center VII AGENDA - WORK SESSION ACTION 1 2023-08-07 Agenda VIII PROPOSED CLOSED SESSION ACTION 1 Consultation with Corporation Counsel and Village Attorney 2 2023-08-02 Agenda  CALL TO ORDER PLEDGE OF ALLEGIANCE PROPOSED MOTION FOR EXECUTIVE SESSION DISCUSSION DISCUSSIONS #1  Village of Port Chester Office of the Village Manager Stuart L. Rabin July 13, 2023 MEMO TO: Mayor Luis A. Marino Trustees, Port Chester Board of Village Trustees CC: Anthony Cerreto, Village Attorney Curt Lavalla, Director of Planning RE: CD5/5W/6/6T Committee Foci Mayor & Board, At your last agenda meeting you instructed staff to compose notes of the conversation had by trustees relating to the CD5/5W/6/6T character districts and the foci that such potential members of an advisory committee should be asked to take into consideration. Within the scope of YOUR guidance, the committee may be asked to review a list of items. An example of such a list, like below, is in no way exhaustive but, I believe, encapsulates the broad strokes of that conversation and the information documented in the attached minutes prepared by the Village Attorney and Village Clerk sent you under separate cover: • Building Heights • Parking Ratios • Shared Parking • Green Space/ Park Space/ Fees In Lieu Of Park • Lot Lines/ Setbacks • Elected Official Participation • Developer Participation • Public Meetings/ Public Comment Period • Timeframe: 1st Draft Presentation Date/ Timeframe: Final Opinion Presentation Date • Date To Award Planning Consultant RFP • Comprehensive Plan Update The consensus that I have received from the board on this matter is that a more robust conversation is intended to be had as part of your special meeting confirmed for Monday July 17th. The staff is more than capable of aiding as part of the discussion but the conversation between the trustees is paramount and necessary to effectuate any path forward. From: Richards, Janusz To: Mayor and Board Cc: Rabin, Stuart; Siligato, Anthony; Cerreto, Anthony Subject: From Janusz RE: 6/28/2023 WORKSHOP Minutes Date: Thursday, June 29, 2023 4:24:25 PM Attachments: image003.png Please see below. WORKSHOP Form-Base Code Discussion Trustee Dorazio asked to provide some direction for the Committee. He suggested that the committee members review- heights, setbacks, parking, traffic, and greenspace. He believes a committee should be formed to review the form-based code as a whole, and move into the character districts after. Trustee Dorazio strongly believes anyone that is suing the Village, an Elected Official, or sits on another Board should not be on this committee. Relatives also should not be considered. The consultant would be there for guidance, advisory, and a resource of information about the topics. Trustee Carvin believes process is important. He would like a summary of what is discussed to frame the Boards discussion better and to provide clear direction to the Committee. Trustee Carvin suggests a 3-month time-period, with the option for 1- month extension. Would like the Board to consider examine an affordable housing alternative. He would like to see the Committee choose their own 1 chair. Trustee Carvin would like to see analysis is performed to backup the Committee’s recommendations. He would like to see the IDA be a secondary resource. Trustee Grangenois-Thomas would like to see someone assist with taking notes and guiding the conversation for the Board. She also would like to see the ARB reconstituted. Trustee Allen agrees the ARB should be reconstituted, and as their first task, they could review the form-based code and provide feedback for the role the ARB could play. Trustee Alzate would like to see an overall plan be put together, instead of piece-meal district by district. This is in line with Trustee Dorazio’s comment to review the Form Based code first as a whole. Trustee Alzate is not opposed to having Elected Officials on the committee. The Village Manager mentioned public comment. The public could attend the meeting but structure should be provided. Trustee Grangenois- Thomas agrees that the public could attend and make comments for the first few meetings, and after that just attend to listen in but not comment. Janusz Janusz R. Richards, Village Clerk Records Management Officer Chief Elections Officer Records Access Officer Deputy Registrar of Vital Statistics T: 914.939.5202 F: 914 305.2560 E: JRichards@PortChesterNY.gov 222 Grace Church St., Suite 120 | Port Chester, NY 10573 Trustee Dorazio The committee should review the Code as a whole first before going through the individual zoning districts. Topics that should be reviewed, but not limited to the following: - building height parking traffic green space set-backs Members of the committee can be residents or nonresidents who are stakeholders. Members should not be: current elected officials, village or school district T persons suing the village persons related to members of the Board members of the Port Chester IDA Trustee Carvin Village staff should frame the issues and summarize Board discussion The committee should have a short life-span, say 3 months. Membership on the committee should be open to all who wish to serve. Trustee Grangenois-Thomas Board needs to reactivate the ARB which should have a more robust role. Trustee Dorazio Agrees with Trustee Grangenois-Thomas’ comments. Trustee Allen Agrees with Trustee Grangenois-Thomas’ comments about the ARB and that the Board make it the first- priority Trustee Alzate Board needs to have a Strategic Plan. Not opposed to having elected officials on the committee. Trustee Carvin Process is important. The committee should elect its own chair and establish its own rules of procedure. The role of the consultant should be established. The committee’s role should be advisory only. The committee should provide the opportunity for public comment but with some limitations. The committee’s recommendations should contain some back-up analysis.  RES 08 RESOLUTION 08-07-2023 ESTABLISHING AN ADVISORY FORM-BASED CODE STUDY COMMITTEE TO PROVIDE RECOMMENDED ZONING CHANGES TO THE BOARD OF TRUSTEES 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 Port Chester Board of Trustees desires to establish a committee to undertake due diligence in the further review of the village’s form-based zoning code, to include, but not be limited to, the CD-5, CD-5W. CD-6 and CD-6T Districts, and . WHEREAS, the focus of the committee shall be to review, comment, and recommend proposed changes to the Code regarding issues such as ____________________ in an advisory report to the Board; WHEREAS, the Board has received expressions of interest from persons offering to serve on the committee; and WHEREAS, the Board desires to continue to move forward with the review of the form-based code and make additional changes as it may ultimately determine. Now, therefore, be it RESOLVED, that the Board of Trustees of the Village of Port Chester hereby establishes an advisory Form-Based Code Study Committee to provide recommended zoning changes to the Zoning Code, to include, but not be limited to, the CD-5. CD5-W. CD-6 and CD-6T Districts; and be it further RESOLVED, that the Committee shall consist of __________members and ______ alternate members, whose names follow: [Names] and; be it further RESOLVED, that all members shall be entitled to no compensation and through disclosure have certified that they have no conflict of interest such that would compromise their ability to impartially serve; and be it further 1  RESOLVED, that the Committee shall elect one of their members to be the Chair and another member to be the Vice-Chair to serve in the absence or disability of the Chair; and be it further RESOLVED, that the Committee shall be deemed a “public body” subject to the requirements of the New York Open Meetings Law; and be it further RESOLVED, at the earliest possible time the Committee shall seek to engage the public for comment; and be it further RESOLVED, that the Committee is hereby provided the benefit of outside planning consulting services for professional assistance and guidance; and be it further RESOLVED, that the Committee shall conclude its work and provide a written report with recommended zoning changes no later than one hundred and twenty (120) days from the date of this resolution. Approved as to Form: Anthony M. Cerreto, Village Attorney 2 DISCUSSIONS #2 DISCUSSIONS #3 From: archgrants@nysed.gov To: Clerk"s Office Subject: 2023-2024 LGRMIF Review: Notification to Applicants Date: Wednesday, June 21, 2023 3:42:50 PM NYS Education Department RFP # GC23-006                                                                                          Local Government Records Management Improvement Fund (LGRMIF) Time Period: 07/01/2023 – 06/30/2024 Institution: Village Of Port Chester                                 Project Number: 0580-24-0359            Dear Janusz Richards After reviewing your proposal for a Local Government Records Management Improvement Fund (LGRMIF) grant, the New York State Archives, a unit of the NYS Education Department (SED) is pleased to inform you that it has awarded your organization a grant in the amount of $47,585, contingent upon the final approvals listed below. There are several steps remaining prior to final approval of your grant and the issuing of your first payment: SED is required to obtain the approval of the Division of the Budget (DOB) and the Office of the State Comptroller (OSC). NYSED must review and approve your proposed budget, as well as your plan for meeting Minority and Women-Owned Business Enterprise (M/WBE) requirements. If NYSED contacts you with any questions about your budget or M/WBE documentation, please be sure to respond promptly to avoid or minimize delay in finalizing your award. You will receive a final approval notice from SED’s Grants Finance Unit once we have received the approvals noted above and your award has been processed and approved for payment. No work on the project should be initiated until you receive this final notice of approval of your award. All grants, regardless of type or dollar amount, are subject to further review, monitoring, and audit to ensure compliance. SED has the right to recoup funds if the approved activities are not performed and/or the funds are expended inappropriately. The grant resulting from this award will require that grantees accept electronic payments for amounts due. Additional information and authorization forms are available at OSC’s website at https://link.zixcentral.com/u/a6348202/tH2Wy2sQ7hG1RWDl-uoD4Q? u=https%3A%2F%2Fwww.osc.state.ny.us%2Fstate-vendors. You will receive payment for this grant as follows: 50% of the award, which you should receive once we obtain the above approvals, including approval of your M/WBE document package. Up to an additional 40% of the grant will be released when you submit form FS- 25/Request for Funds for a Federal or State Project to SED's Grants Finance Unit. Please note applicants must submit these requests based on anticipated expenditures for the next month only. The remaining 10% will be released when the project is completed and the Grant Project Final Expenditure Report (FS-10-F) Long Form and all eGrants reporting have been submitted to the Grants Administration Unit of the New York State Archives and approved by SED's Grants Finance Unit. You must complete all project work and encumber all funds no later than June 30, 2024. We look forward to working with you on this project. If you have any questions, please do not hesitate to contact me at (518) 474 - 6926 or archgrants@nysed.gov. Sincerely, Mark Mark C. Maniak Grant Program Manager New York State Archives Grants Administration Unit Room 9A81, CEC Albany, NY 12230 (518)474-6926 Archgrants@nysed.gov 10297 Confidentiality Notice This email including all attachments is confidential and intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Links contained in this email have been replaced by ZixProtect Link Protection. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.  Village of Port Chester, NY Document Processing July 26, 2023 Valid for 6 months Document Management Solution Scanned Image Indexing and Processing Services Bruce Cadman Solutions Account Executive 518-441-6496 BCadman@generalcode.com 781 Elmgrove Road, Rochester, NY 14624 Phone: 800.836. 8834 Fax: 585.328.8189 ICC-CDS.com  Village of Port Chester, NY DOCUMENT CONVERSION / PROJECT DELIVERABLES / INVESTMENT DETAIL DOCUMENT CONVERSION PROJECT Reference is made to the Document Scanning Proposal between eBizDocs and the Village of Port Chester, NY. PROJECT DELIVERABLES The following deliverables are included in your project pricing. As we do not have the proposal from our vendor partner, eBizDocs, this price is based solely on the information /assumptions as set forth below. • The document conversion services associated with the project will be performed by eBizDocs, • Upon completion of the scanning portion of the project by eBizDocs, eBizDocs will upload the image files to ICC-CDS, LLC. • Once received from eBizDocs, ICC-CDS, LLC will process the images and index data into Laserfiche Viewer format and upload same onto Laserfiche system, if owned. • ICC-CDS, LLC is not responsible for the accuracy and quality of the images (e.g., black borders, skewed images, blurry images, non-legible images, etc.), or other errors on the scanning portion provided to ICC- CDS, LLC by eBizDocs. • For keying/indexing services provided by ICC-CDS, ICC-CDS will accurately transcribe values as they appear on the original documents and will not be held responsible for any spelling errors contained therein. • ICC-CDS will index documents exactly as they appear on the original documents unless otherwise stated. ICC-CDS is not responsible for inconsistencies throughout the index data (for example, where some street suffixes may be abbreviated while others are fully spelled out). • Laserfiche Viewer formatted documents will be provided via secure FTP link. One (1) copy of the Laserfiche Viewer can be provided on removable media, upon request. PROJECT MANAGEMENT AND OTHER SERVICES • Our charge includes project management and assumes that all the documents contained in this project will be imaged and provided by eBizDocs to ICC-CDS, LLC. • Project Management will include job setup, creation of file structures and databases (as applicable) and Laserfiche Viewer containing images and data on removable media. • Placement of the shipped documents in your repository will be performed as a courtesy service upon request. • Schedule the placement of the documents into your Laserfiche repository by contacting our Laserfiche Helpdesk at - LFSupport@icc-cds.com 2 July 26, 2023  Village of Port Chester, NY INVESTMENT DETAIL Port Chester, NY Documents Est. of Est. of Extended 0 Images Documents Unit Price Price Document Keying/Indexing on selected documents for population of 111,361 $ 0.26 $ 28,953.86 template fields, creation of document naming and folder structure. Data Processing/Upload services on all records into Laserfiche, including applying templates and indexing to images, file naming and folder 111,361 $ 7,492.86 structure creation. Delivery Fee per delivery for processing, copying, delivery and upload of 2 $ 300.00 $ 600.00 backfile documents. Project Management and other related services including job setup, creation of file structures and database (as Included in applicable) and Laserfiche viewer containing images and data on removable media. per-image price Total Indexing, Processing/Upload Pricing: $ 37,046.72 *Keying will be done in Lawrence KS by ICC CDS subcontractor Our price is based upon the information set forth above and is valid for six months. Document Indexing/Processing Specifications Document Type / Description Est. of images Est. of Documents Birth Books 84,981 84,981 Index Field(s)/Keying Title/Description of book, First Name, Last Name, Date, Year, Register Number Who is Keying/Indexing ICC-CDS/ subcontractor Document Naming Convention [Year]-[RegisterNumber] Document Organization (Folders) Birth Certificates\[Year]\file Microfilm needed? No Comments / Special Instructions Document Indexing/Processing Specifications Document Type / Description Est. of images Est. of Documents Death Books 26,380 26,380 Index Field(s)/Keying Title/Description of book, First Name, Last Name, Date, Year, Register Number Who is Keying/Indexing ICC-CDS/subcontractor Document Naming Convention [Year]-[RegisterNumber] Document Organization (Folders) Death Certificates\[Year]\file Microfilm needed? No Comments / Special Instructions 3 July 26, 2023  Village of Port Chester, NY AUTHORIZATION & AGREEMENT The Village of Port Chester, hereby agrees to the procedures outlined above, to ICC-CDS, LLC's Document Management Solution Terms & Conditions which are available at http://cms.generalcode.com/terms-conditions and are incorporated herein by reference as they apply to this proposal, and authorizes ICC-CDS, LLC to proceed with the project. Payment Schedule: ICC-CDS, LLC will invoice for processing services upon shipment of each batch of the scanned documents. Performance Schedule: The project will be completed within 90 days of ICC-CDS, LLC’s receipt from eBizDocs of all materials necessary to complete the project. (Client please fill out) Invoice for this Project to be sent to: Department: ________________________________ Contact Name: _____________________________ Project Lead: ________________________________ Title: ______________________________________ (Please let us know who to contact to begin your project) VILLAGE OF PORT CHESTER, NY By: _______________________________ In the Presence of: __________________________ Title: ______________________________ Title: _____________________________________ Date: ______________________________ Date: _____________________________________ ICC-CDS, LLC By: _______________________________ In the Presence of: __________________________ Title: ______________________________ Title: _____________________________________ Date: ______________________________ Date: _____________________________________ To Authorize the Project: 1. Sign the Proposal 2. Fax or email the Authorization & Agreement Section only to: ICCCDS@generalcode.com ● fax (585) 328-8189 3. Mail the signed Proposal to ICC-CDS, LLC at: 781 Elmgrove Road ● Rochester, NY 14624 Upon request, ICC-CDS, LLC can mail a signed copy of this agreement back to the Municipality for its records. 4 July 26, 2023 DISCUSSIONS #4 DISCUSSIONS #5 DISCUSSIONS #6 DISCUSSIONS #7 DISCUSSIONS #8 DISCUSSIONS #9  VILLAGE OF PORT CHESTER BID ANALYSIS SHEET BID #2023-01 BID FOR: MUNICIPAL ROOF REPLACEMENT BID OPENING DATE: MARCH 31, 2023 TIME: 3:00 P.M. BID PUBLICATION DATE: MARCH 3, 2023 SPECIFICATIONS AVAILABLE: MARCH 3, 2023 Please Print Name and Address BIDDER: Page Contracting Corp. ADDRESS: ADDRESS: 539 Cary Avenue, Unit 1 CITY: Staten Island STATE: NY ZIP CODE: 10310 E-MAIL: PHONE #: 718-873-6659 FAX #: 929-343-5694 AMOUNT: Base Bid: $951,000.00 DPW Garage: $526,000.00 Total: $1,477,000.00 Please Print Name and Address BIDDER: Titan Roofing, Inc. ADDRESS ADDRESS: 200 Tapley Street CITY: Springfield STATE: MA ZIP CODE: 01104 E-MAIL: PHONE #: 413-536-1624 FAX #: 413-533-2560 AMOUNT: Base Bid: $1,170,000.00 DPW Garage: $770,000.00 Total: $1,940,000.00 Please Print Name and Address BIDDER: Armor-Tite Construction Corp ADDRESS: ADDRESS: 114 Pearl Street, #LL1 CITY: Port Chester STATE: NY ZIP CODE: 10573 E-MAIL: 914-937-8809 PHONE #: 914-937-7134 FAX #: AMOUNT: Base Bid: $1,166,000.00 DPW Garage: $537,000.00 Total: $1,703,000.00  VILLAGE OF PORT CHESTER BID ANALYSIS SHEET Please Print Name and Address BIDDER: Prince Contractors & Development Inc. ADDRESS: ADDRESS: 3039 Wilson Avenue, B1 CITY: Bronx STATE: NY ZIP CODE: 10469 E-MAIL: PHONE #: 212-786-2922 FAX #: 212-786-3406 AMOUNT: Base Bid: $859,786.00 DPW Garage: $379,000.00 Total: $1,238,786.00 Please Print Name and Address BIDDER: Milcon Construction Corporation ADDRESS: ADDRESS: 142 Dale Street CITY: West Babylon STATE: NY ZIP CODE: 11704 E-MAIL: PHONE #: 631-756-9530 FAX #: 631-756-9537 AMOUNT: Base Bid: $1,021,268.00 DPW Garage: $614,000.00 Total: $1,635,268.00 Please Print Name and Address BIDDER: I&A Renovation Inc. ADDRESS ADDRESS: 7 South Central Avenue CITY: Elmsford STATE: NY ZIP CODE: 10523 E-MAIL: PHONE #: 914-282-7916 FAX #: 718-228-2568 AMOUNT: Base Bid: $1,152,900.00 DPW Garage: $384,000.00 Total: $1,536,900.00  VILLAGE OF PORT CHESTER BID ANALYSIS SHEET Please Print Name and Address BIDDER: Cornerstone Restoration ADDRESS ADDRESS: 73 Market Street CITY: Yonkers STATE: NY ZIP CODE: 100710 E-MAIL: PHONE #: 914-703-9916 FAX #: 914-751-7617 AMOUNT: Base Bid: $895,000.00 DPW Garage: $145,000.00 Total: $1,040,000.00  VILLAGE OF PORT CHESTER BID ANALYSIS SHEET The following were present at the opening of the bids (I^): Village Clerk: Janusz R. Richards Deputy Village Clerk: □ Vita Sileo Village Attorney □ Anthony (Tony) Cerreto Deoartment Head: □ Village Engineer: □ Project Engineer: □ n e.fSrUn t tz fi il/'lh/oHLlk/. Otherr- ' □ COAP- other: □ dJOf Other. □ ./ V ^ .If. □ ^ Other: □ ^ Other: □ Other: Sam SumiYia Other: □ Other: □ Other: □ Other: □ Other: □  REPORT OF THE VILLAGE MANAGER RESOLUTIONS  RES 01 08-02-2023 RESOLUTION APPOINTMENT OF POLICE OFFICER 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 STEPHEN ALVAREZ, Westchester County, New York, be and is hereby reinstated as police officer of the Village of Port Chester, New York, effective this date. Approved as to Form: Anthony M. Cerreto, Village Attorney  RES 02 RESOLUTION 08-02-2023 ACCEPTANCE AND APPROVAL OF ALEJANDRO LEYVA AS A MEMBER TO THE MELLOR ENGINE & HOSE CO. NO. 3 On motion of TRUSTEE , seconded by TRUSTEE , the Board of Trustees accepted the election of ALEJANDRO LEYVA as a member to the MELLOR ENGINE & HOSE CO. NO. 3 with the Port Chester Fire Department, subject to the Village selected physician's evaluation indicating that he/she is qualified as an interior or exterior firefighter and has been cleared by the NYS Division of Homeland Security and Emergency Services Office of Fire Prevention and Control. Approved as to Form: Anthony M. Cerreto, Village Attorney  RES 03 RESOLUTION 08-02-2023 LICENSE AGREEMENT TO FACILITATE DEMOLITION PROGRESS FOR UNITED HOSPITAL REDEVELOPMENT PROJECT 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, Boston Post Road Owner, LLC, an affiliate of Rose Associates Capital Group, LLC. and Bedrock Real Estate Partners LLC. (the “Owner”) is the owner of certain real property located at 406-408 Boston Post Road, Port Chester, New York the subject of the United Hospital Redevelopment Project; and WHEREAS, the owner has retained State Contracting Corp. of NY d/b/a Capital Industries to demolish the existing buildings on the subject premises; and WHEREAS, the contractor has duly obtained the requisite demolition permits from the village; and WHEREAS, the contractor sought to demolish the former United Hospital incinerator on the subject premises and has requested that the village provide assistance in accomplishing same in a safe and effective manner by the use of a portion of the adjacent Abendroth Park for a limited time; and WHEREAS, there are no scheduled recreational activities in this portion of Abendroth Park during this time. Now, therefore, be it RESOLVED, that the Board of Trustees hereby ratifies the Village Manager’s action in entering into the annexed License Agreement authorizing the demolition contractor’s entry and occupation of a portion of Abendroth Park to establish a Controlled Access Zone for the period July 31, 2023 through at least August 14, 2023 to facilitate demolition progress for the United Hospital Redevelopment Project. Approved as to Form: Anthony M. Cerreto, Village Attorney  LICENSE AGREEMENT THIS AGREEMENT (the “Agreement”) dated as of July___ 2023, is entered into by and between the Village of Port Chester, with offices at 222 Grace Church Street, Port Chester, New York 10573 (the “Village”) and State Contracting Corp. of NY d/b/a Capital Industries, 555 Saw Mill River Road, Yonkers, New York 10701 (the “Licensee”) , and WHEREAS, Boston Post Road Owner, LLC, an affiliate of Rose Associates Capital Group, LLC. and Bedrock Real Estate Partners LLC. (the “Owner”) is the owner of certain real property located at 406-408 Boston Post Road, Port Chester, New York the subject of the United Hospital Redevelopment Project; and WHEREAS, the owner has retained the Licensee to demolish the existing buildings on the subject premises; and WHEREAS, the Licensee has duly obtained the requisite demolition permits from the village; and WHEREAS, the Licensee is preparing to demolish the incinerator on the subject premises and has asked the village for assistance in accomplishing same in a safe and effective manner. NOW, THEREFORE, and in consideration of the promises and the mutual covenants hereinafter contained, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves as follows: l. Grant of License: Subject and pursuant to the terms and conditions contained within this Agreement, the Village, as Licensor, hereby grants to the Licensee a revocable license (“License”) to enter and occupy a portion of Abendroth Park. 2. Intended Use: The License herein granted shall solely be for accommodating the Licensee’s request to establish a Controlled Access Zone (CAZ) in the park each day during the period July 31, 2023 through at least August 14, 2023 as shown on the attached Logistics Plan. The perimeter of the CAZ will be marked by construction barrels and caution tape. The Licensee shall provide a spotter inside the CAZ during demolition activity. The area of the CAZ shall be continuously cleared of any debris. At the end of each shift, the area of the CAZ shall be cleaned. Upon completion of the demolition of the incinerator, the Licensee will restore any damaged grass areas with screened topsoil and grass seed and water until ready to be mowed. The Licensee shall provide additional notice of such proposed activity to the management company of 340 South Regent Street and all owners of properties on Touraine Avenue and Gilbert Place and provide the village evidence of delivery to same five days prior. 3. Term. The term of this agreement shall run from July 31, 2023 through August 14,  4. Defense and Indemnification: The Licensee hereby agrees to protect, defend, indemnify and hold harmless the Village, to the fullest extent permitted by law, against any and all claims, costs, judgments, liens, proceedings or actions, including reasonable attorney’s fees and costs of defense, for damage to property or personal injury to persons arising out of the Owner’s special use of the public sidewalk. The provisions of this paragraph shall survive the expiration, non-renewal or revocation of this Agreement. 5. Insurance. At all times throughout the term of this Agreement, the Licensee shall procure and maintain, at its own cost and expense, general liability insurance against loss from personal injury or death or damage to property caused by an accident or occurrence, with coverages and limits as required in the demolition permit and provide any additional endorsement to include this activity. 6. Compliance: The Licensee shall comply with all applicable federal, state and local laws and regulations. 7. Interest Conferred: The Licensee affirms that this Agreement authorizes it to enter in the park for the limited temporary purposes of the intended use as described herein and no other. The parties agree that the provisions of this Agreement do not constitute a lease. No leasehold or ownership interest in the premises is conferred. The Licensee acknowledges that the Board’s grant of a license is a discretionary action and that the Licensee has no entitlement to a license or cause to make a claim in the event such grant is not renewed or is revoked. 8. Revocation: This Agreement may be revoked by the Village based on the following: A. For Cause: After a Notice to Cure has been given to the Licensee and Licensee has failed to cure same within the prescribed period stated therein. B. For Public Necessity: after Notice has been given to the Licensee stating the nature of same and on such notice as the Village may deem reasonably practicable. 9. Notices: All notices and communications pursuant to this Agreement shall be given by the parties in writing and be deemed properly served if given by personal delivery or by certified mail return receipt requested at the address indicated in the Agreement. Notice shall be deemed given when it is personally received or posted. Notice to the Village: Stuart L. Rabin, Village Manager 222 Grace Church Street Port Chester, N.Y, 10573 Notice to the Licensee: _________________________ Capital Industries Corp. 555 Saw Mill River Road Yonkers, New York 10701 10. Assignment: This License is personal to the Owner and shall not be assigned or transferred without prior written consent of the Village. 11. Governing Law/Dispute Resolution: This Agreement shall be governed by the laws of the State of New York. Any dispute between the parties shall be resolved through adjudication in a court of competent jurisdiction in the State. 12. Severability: Should any provision or paragraph of this Agreement be determined to be invalid, unconstitutional or otherwise unlawful, such determination shall not affect the validity of the remaining provisions or paragraphs of this Agreement which shall remain in full force in effect. 13. Entire Agreement/Amendments: This Agreement represents the entire agreement between the parties and any prior understandings between them are of no force and effect. Any amendments to this Agreement shall be in writing and signed by an authorized representative of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written below: VILLAGE OF PORT CHESTER By:__________________________ Stuart L. Rabin Village Manager STATE CONTRACTING CORP of NY D/B/A CAPITAL INDUSTRIES CORP. By: ____________________________ Its: ____________________________ _______________________________ Anthony M. Cerreto, Village Attorney  555 SAW MILL RIVER ROAD. YONKERS, NY 10701 TEL: (914) 963-2000 FAX: (914) 423-0500 June 21, 2023 Village of Port Chester Building Department 222 Grace Church St United Hospital - Incinerator Stack Demolition Proposed Sequential Demolition Plan with Controlled Access in Abendroth Park 1. Prior to commencement Capital to secure Demolition Permit from Village of Port Chester and notify all Authorities Having Jurisdiction. 2. Demolition work will only occur during agreed upon days and times. 3. Prior to each day’s activities a Controlled Access Zone (CAZ) shall be established in Abendroth Park as shown on the attached Logistics Plan. Perimeter of CAZ to be Construction Barrels and Caution Tape, Capital will provide a spotter inside CAZ during work to maintain CAZ. 4. At the end of each shift, any debris to be cleaned and the CAZ will be removed from Abendroth Park. 5. Existing Incinerator Stack is approximately 100’ high, Capital proposes to demolish the top 30’ of the stack from a man lift, by hand, utilizing chipping guns with debris being placed inside stack opening. 6. The lower 70’ of the Stack will be demolished utilizing a high reach excavator. 7. Debris to be removed continuously during Capital’s demolition work. 8. Upon completion of all demolition work, Capital to restore any grass areas damaged by our work with screened topsoil and grass seed. • Pending issuance of Permit and agreement with all involved parties, Capital would like to perform this work towards the end of July 2023. • The duration of Capital’s work for this scope is approximately 8 working days. Please feel free to call me with any questions. Thank you. Joseph Cianciulli Project Executive 914-727-2721  RES 04 RESOLUTION 08-02-2023 INTERMUNICIPAL AGREEMENT WITH COUNTY OF WESTCHESTER REGARDING THE POLICE/YOUTH LEADERSHIP COMMUNITY FORUM On motion of TRUSTEE , seconded by TRUSTEE , the following motion was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, the Village of Port Chester recently reestablished its Youth Bureau to provide opportunities for the youth; and WHEREAS, the County of Westchester has informed the Village that the Youth Bureau has been selected to receive an amount not to exceed $2,415 in funding regarding the Police/Youth Leadership Community Forum; and WHEREAS, through the Village Manager, the Executive Director recommends that the Village continue participating with the County in this successful program. Now, therefore, be it RESOLVED, that the Village Manager is hereby authorized to enter into an intermunicipal agreement with the County of Westchester for the Village of Port Chester Youth Bureau to receive grant funding in an amount not to exceed $2,415 regarding the Police/Youth Leadership Community Forum. Approved as to Form: Anthony M. Cerreto, Village Attorney YTH2342 / VILLAGE OF PORT CHESTER INTERMUNICIPAL AGREEMENT THIS INTER MUNICIPAL AGREEMENT (“Agreement”), made the ____ day of __________, 2023____, by and between: THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601, (hereinafter referred to as the “County”), and VILLAGE OF PORT CHESTER, a municipal corporation of the State of New York, having an office and place of business at 222 Grace Church Street, Port Chester, New York 10573 (hereinafter referred to as the “Municipality”). WITNESSETH: WHEREAS, the County, acting by and through its Youth Bureau, desires that the Municipality provide a Positive Youth Development program entitled “Youth Community Forum” (the “Program”); and WHEREAS, the Municipality is willing to provide such Program, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the promises and the covenants and agreements herein contained, the parties hereto agree as follows: FIRST: The Municipality shall provide the Program, as more fully described in Schedule “A” attached hereto and made a part hereof (the “Work”). In consideration for providing the Program, the County shall reimburse the Municipality an amount not to exceed Two Thousand Four Hundred Fifteen Dollars ($2,415), as budgeted in accordance with Schedule “B,” which is attached hereto and made a part hereof, payable quarterly, upon approval of the same as to form and manner by the Office of the Westchester County Attorney, and which amount shall be contingent upon receipt of said amount by the County from the New York State Office of Children and Family Services (“NYSOCFS”), for expenses actually incurred and paid by the Municipality after receipt of vouchers and/or reports in the manner prescribed by the County. YTH2342 / VILLAGE OF PORT CHESTER Payment under this Agreement shall be made after submission by the Municipality of an invoice, which shall be uniquely numbered, and paid only after approval of the invoice by the Commissioner. In no event shall payment be made to the Consultant prior to completion of all Work and the approval of same by the Commissioner. Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the Municipality for out of pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder. SECOND: The Municipality shall provide the County with a report to be submitted within thirty (30) days of the expiration of this Agreement which shall set forth in detail the services performed under the Agreement, the activities, progress and accomplishments under the Agreement, the amount of funds expended for each task performed and the extent and manner in which the goals, objectives and standards established for the Agreement have been met by the Municipality. The above report shall be certified by an officer or director of the Municipality. The County shall have the right, at its option and at its sole cost and expense, to audit such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment. The County may withhold payment of funds hereunder for cause found in the course of an audit or because of failure of the Municipality to cooperate with an audit. The County shall, in addition, have the right to audit such books and records subsequent to payment, if such audit is commenced within one (1) year following termination of this Agreement, and to perform random audits during the term of this Agreement. In the event an audit performed by the County reflects overpayment by the County or that monies were not fully expended or that monies were improperly expended, then the Municipality shall reimburse to the County the cost of such audit (if the audit was done by the County or on the County’s behalf) and the amount of such overpayment, underpayment or improper payment, within thirty (30) days of notice from the County. The Municipality further agrees to permit designated employees or agents of the County reasonable on-site inspection of the work being performed by the Municipality under this Agreement, its books, accounts, financial audits and records and agrees to keep records necessary to disclose fully the receipt and disposition of funds received under this Agreement. Unless the County shall, in writing, advise the Municipality to the contrary, the Municipality shall retain all financial records YTH2342 / VILLAGE OF PORT CHESTER related to this Agreement for a period of ten years after the expiration or termination of this Agreement. In no event shall final payment be made to the Municipality prior to completion of all services, the submission of reports and the approval of same by the County Executive or his duly authorized designee. THIRD: The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule “C,” entitled “Standard Insurance Provisions,” which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule “C,” the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the sole negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees, agents and its elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney’s fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto; and (c) In the event the Municipality does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of this provision, then the Municipality shall reimburse the County’s reasonable attorney’s fees incurred in connection with the defense of any action, and in connection with enforcing this provision of the Agreement. FOURTH: The term of this Agreement will commence January 1, 2023 and terminate September 30, 2023, unless terminated earlier as provided herein. FIFTH: (a) The County reserves the right to cancel this Agreement on thirty (30) days’ prior written notice to the Municipality when it deems it to be in its best interests to do so. In such event, the Municipality shall be compensated and the County shall be liable only for payment for YTH2342 / VILLAGE OF PORT CHESTER services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule “B”. In the event of a dispute as to the value of the services rendered by the Municipality prior to the date of termination, it is understood and agreed that the County shall determine the value of such services rendered by the Municipality. Such reasonable and good faith determination shall be accepted by the Municipality as final. (b) In the event the County determines that there has been a material breach by the Municipality of any of the terms of the Agreement and such breach remains uncured for ten (10) days after service on the Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the services provided for in this Agreement, or contract for their completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Notice hereunder shall be effective on the date of receipt. SIXTH: The parties recognize and acknowledge that the obligations of the County under this Agreement are subject to the County’s receipt of funds from NYSOCFS to operate the Program, and that no liability shall be incurred by the County beyond the monies made available from NYSOCFS for this Agreement. The Municipality agrees that the County shall not be liable for any of the payments hereunder unless and until the County Commissioner of Finance has received said funds or said funds have been made available to said commissioner. If, for any reason, the full amount of said funds is not paid over or made available to the County by NYSOCFS, the County may terminate this Agreement immediately or reduce the amount payable to the Municipality, in the discretion of the County. The County shall give prompt notice of any such termination or reduction to the Municipality. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. This Agreement is also subject to further financial analysis of the impact of any New York State Budget (the “State Budget”) proposed and adopted during the term of this Agreement. The County shall retain the right, upon the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of a State Budget or any amendments thereto, and for a reasonable period of time after such release(s) or adoption(s), to conduct an analysis of the impacts of any such State YTH2342 / VILLAGE OF PORT CHESTER Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. SEVENTH: All payments made by the County to the Municipality will be made by electronic funds transfer (“EFT”) pursuant to the County’s Vendor Direct Program. If the Municipality is not already enrolled in the Vendor Direct Program, the Municipality shall fill out and submit an EFT Authorization Form as part of this Agreement, which is attached hereto as Schedule “D” and made a part hereof. (In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, the Municipality understands that it must contact the County’s Finance Department.) If the Municipality is already enrolled in the Vendor Direct Program, the Municipality hereby agrees to immediately notify the County’s Finance Department in writing if the EFT Authorization Form on file must be changed, and provide an updated version of the document. EIGHTH: Schedule “E” is a form entitled, “Westchester County Youth Bureau Corrective Action Request”. This is a sample form that the Municipality can expect to receive if one or more areas where corrective action is required have been identified. NINTH: All notices given pursuant to this agreement shall be in writing and effective upon mailing. All notices shall be sent by registered or certified mail, return receipt requested or by overnight mail and mailed to the following addresses: To the County: Executive Director – Youth Bureau 112 E. Post Road, 3rd floor White Plains, New York 10601 with a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 to the Municipality: Executive Director Village of Port Chester YTH2342 / VILLAGE OF PORT CHESTER 222 Grace Church Street Port Chester, New York 10573 or to such other addresses as may be specified by the parties hereto in writing. TENTH: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, comments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. ELEVENTH: This Agreement is entered into solely between, and may be enforced only by, the County and the Municipality and shall not be deemed to create any rights in third parties, or to create any obligations of a party to any such third parties. TWELFTH: The Municipality shall not delegate any duties or assign any of its rights under this Agreement without the prior express written consent of the County. The Municipality shall not subcontract any part of the Work without the express written consent of the County, subject to any necessary legal approvals. Any purported delegation of duties, assignment of rights or subcontracting of Work under this Agreement without the prior express written consent of the County is void. All subcontracts that have received such prior written consent shall provide that subcontractors are subject to all terms and conditions set forth in this Agreement. It is recognized and understood by the Municipality that for the purposes of this Agreement, all Work performed by a County-approved subcontractor shall be deemed Work performed by the Municipality and the Municipality shall insure that such subcontracted work is subject to the material terms and conditions of this Agreement. All subcontracts for the Work shall expressly reference the subcontractor’s duty to comply with the material terms and conditions of this Agreement and shall attach a copy of the County’s contract with the Municipality. The Municipality shall obtain a written acknowledgement from the owner and/or chief executive of subcontractor or his/her duly authorized representative that the subcontractor has received a copy of the County’s contract, read it and is familiar with the material terms and conditions thereof. The Municipality shall include provisions in its subcontracts designed to ensure that the YTH2342 / VILLAGE OF PORT CHESTER Municipality and/or its auditor has the right to examine all relevant books, records, documents or electronic data of the subcontractor necessary to review the subcontractor’s compliance with the material terms and conditions of this Agreement. THIRTEENTH: The Municipality expressly agrees that neither it nor any contractor, subcontractor, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County. The Municipality acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. FOURTEENTH: The Municipality shall comply, at its own expense, with the provisions of all applicable state and municipal requirements and with all state and federal laws applicable to this Agreement and the Municipality. FIFTEENTH: Failure of the County to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment of such term or condition, but the same shall remain in full force and effect. Acceptance by the County of any Work or the payment of any fee or reimbursement due hereunder with knowledge of a breach of any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County of any provision hereof shall be implied. SIXTEENTH: This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Westchester. YTH2342 / VILLAGE OF PORT CHESTER SCHEDULE “A” SCOPE OF SERVICES YTH2342 / VILLAGE OF PORT CHESTER YTH2342 / VILLAGE OF PORT CHESTER YTH2342 / VILLAGE OF PORT CHESTER YTH2342 / VILLAGE OF PORT CHESTER YTH2342 / VILLAGE OF PORT CHESTER SCHEDULE “B” BUDGET YTH2342 / VILLAGE OF PORT CHESTER YTH2342 / VILLAGE OF PORT CHESTER WESTCHESTER COUNTY YOUTH BUREAU FISCAL REQUIREMENTS AND POLICIES Westchester County Youth Bureau funds many different programs in each budget year. This material is designed to clarify the Bureau’s fiscal requirements and policies regarding these programs. If questions arise, please contact the Youth Bureau at (914) 995-2755. Below is a list of current funding categories: All expenditures must be made in accordance with an approved budget, including any budget amendments. Programs funded by the Youth Bureau must file listings of all program expenses paid prior to receiving funds. A Program Expenditure Summary and applicable Program Expenditure Reports must be filed for each program. Listed below is a summary of the forms, which make up completed claim forms for reimbursement of program expenses: Type of Funding Name of Form Form Number NYS OCFS Program Expenditure Summary OCFS3125 Salaries Report OCFS3126 Fringe Benefits Report OCFS3127 Consultants, Contracted Services & Stipends Report OCFS3128 Miscellaneous OCFS3129 Travel OCFS3130 All claims should be submitted in original and must have original signature. The Contract Number must be entered on all the claim forms for Local Tax Levy Programs. The Executive Director or another authorized official of the agency must make the certification on the Program Expenditure Summary report. All claims should be prepared and submitted quarterly. These quarterly claims should be submitted not later than the 20th date of the month following the end of the quarter, except the 4th quarter which is due on January 10th of the following year. Copies of back-up documents should be submitted with the expenditure reports. Listed below is a summary of the back-up documents for various expenses: Type of Expense Back-up Documents Salary & Wages Payroll Register and Proof of Payment Fringe Benefits Invoice from the Vendor and Proof of Payment Consultant/Contracted Services Signed Agreement, Invoice and Proof of Payment OTPS/Misc. Invoice from the Vendor and Proof of Payment Employee Exp. Reimbursement Employee Exp. Request Form, Receipt, and Proof of Payment. The Youth Bureau audits each claim against appropriate Westchester County and NY State Finance Law, Rules & Regulations, Fiscal Policies & Procedures, and the approved budget of each program and any approved budget amendments. Claims with calculation errors, and not submitted in accordance with Fiscal Policies & Procedures and approved budget will be returned. All claims must be sent to: Westchester County Youth Bureau 112 East Post Road, 3rd Floor White Plains, NY 10601 YTH2342 / VILLAGE OF PORT CHESTER SCHEDULE “C” STANDARD INSURANCE PROVISIONS (Youth & Human Services) 1. Prior to commencing work, and throughout the term of the Agreement, the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. The Municipality shall provide evidence of such insurance to the County of Westchester (“County”), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County (“Director”). The policies or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the “County of Westchester” and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality’s negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Agreement): a) Workers' Compensation and Employer’s Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." YTH2342 / VILLAGE OF PORT CHESTER Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE-200, available to download at: http://www.wcb.ny.gov. If the employer is self-insured for Workers’ Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance). b) Commercial General Liability Insurance with a combined single limit of $1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the “County of Westchester” as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i. Premises - Operations. ii. Broad Form Contractual. iii. Independent Contractor and Sub-Contractor. iv. Products and Completed Operations. c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the “County of Westchester” as additional insured, written on a “follow the form” basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on-going and completed operations. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the “County of Westchester” as additional insured: i. Owned automobiles. ii. Hired automobiles. iii. Non-owned automobiles. e) Abuse and Molestation Liability, either by separate policy of insurance or through endorsement to the General Liability Policy or Professional Liability Policy. (Limits of $1,000,000.00 per occurrence/2,000,000 aggregate). This insurance shall include coverage for the following, including coverage for client on client, counselor client, and third parties: i. Misconduct ii. Abuse (including both physical and sexual) iii. Molestation 3. All policies of the Municipality shall be endorsed to contain the following clauses: YTH2342 / VILLAGE OF PORT CHESTER a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. YTH2342 / VILLAGE OF PORT CHESTER SCHEDULE “D” ELECTRONIC FUNDS TRANSFER (EFT) The Contractor shall complete the “Electronic Funds Transfer (EFT) Vendor Direct Payment Authorization Form” as part of the County’s ‘Vendor Direct’ program utilizing Electronic Funds Transfer (“EFT”) payments. The County will deposit payments via EFT two business days after the voucher/invoice is processed. Please note that Saturdays, Sundays, and legal holidays are not considered business days. Under the Vendor Direct program, the Contractor will receive an e-mail notification one day prior to the day the payment will be credited to its designated account. The e-mail notification will come in the form of a remittance advice with the same information that would appears on a paper check stub, and will contain the date that the funds will be credited to its account. The Contractor shall contact the County in the same manner for a discrepancy in the amount received via EFT as it would for a discrepancy in the amount received in a paper check. In the unlikely event that the Contractor did not receive the money in its designated bank account on the date indicated in the e-mail, the Contractor shall contact the County’s Finance Department’s Accounts Payable Office at 914-995-2788. The Contractor shall promptly notify the County whenever it changes any information regarding, or closes, the bank account that it enrolled in the Vendor Direct program for EFT payments. The Contractor shall then complete, and provide to the County, a new “Electronic Funds Transfer (EFT) Vendor Direct Payment Authorization Form”. The Contractor shall contact the County’s Finance Department’s Accounts Payable Office at 914-995-2788 to obtain a new form. ______________________________________________________________________________ [NO FURTHER TEXT ON THIS PAGE] YTH2342 / VILLAGE OF PORT CHESTER YTH2342 / VILLAGE OF PORT CHESTER YTH2342 / VILLAGE OF PORT CHESTER SCHEDULE “E” SAMPLE CORRECTIVE ACTION REQUEST FORM  RES 05 08-02-2023 RESOLUTION AWARD FOR THE REQUEST FOR PROPOSALS FOR BOND COUNSEL SERVICES On motion of TRUSTEE , seconded by TRUSTEE , the following motion was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, the Village of Port Chester advertised for a Request for Proposals (“R.F.P.”) to procure Bond Counsel Services (RFP# 2023-03); and WHEREAS, the Village received three proposals; and WHEREAS, through the Village Manager, the Village Treasurer and Village Attorney have interviewed the candidates and recommend that the Village retain the incumbent, the law firm of Orrick Herrington & Sutcliffe, LLP. 51 West 52nd Street, New York, New York 10019, to serve as bond counsel, at the following rates: Principal Amount Fee Up to $99,000 - $685 $100,000 to $299,000 $825 $300,000 to $599,000 $935 $1,000,000 to $1,999,999- $1,825 plus 85 cents per $1,000 on amount over $1,000,000 $2,000,000 to $2,999.999 $2,825 plus 75 cents per$1,000 on amount over $2,000,000 $3,000,000 to $3,999,999 $3.875 plus 65 cents per $1,000 on amount over $3,000,000 $4,000,000 to $19,999,999 $5.215 plus 55 cents per $1,000 on amount over $4,000,000. $20,000,000 to $49,999.999 $14.015 plus 50 cents per $1,000 on amount over $20,000,000 $50,000,000 and up $30,000 plus 40 cents per $1,000 on amount over $50,000,000 Plus $300 for each extra set of closing papers (separate purchasers) Plus a one-time charge of $350 for the drafting of any bond resolution (if not previously billed), Plus $875 for review of Official Statement Plus $350 for Material Events or Continuing Disclosure Certification Plus $350 for bond tax law review including Construction Election Certificate determining to pay penalty or arbitrage rebate for construction projects, if applicable. No Incidental Expense Charges. Now, therefore, be it RESOLVED, that the award for the Request for Proposals for Bond Counsel Services be made to Orrick Herrington & Sutcliffe, LLP. at the rates hereinbefore stated; and be it further RESOLVED, that the Village Manager is hereby authorized to enter into a retainer agreement with the law firm with a term to expire on May 31, 2026. Approved as to Form: Anthony M. Cerreto, Village Attorney CORRESPONDENCE  VILLAGE OF PORT CHESTER 222 Grace Church Street, Port Chester, New York 10573 Phone (914) 939-5202 ● Fax (914) 305-2560 Clerk@PortChesterNY.Gov ● www.PortChesterny.Gov Board of Taxi Commission July 18, 2023 Honorable Mayor and Board of Trustees 222 Grace Church Street Port Chester, NY 10573 Dear Mayor and Board, At the regular meeting of the Taxi Commission held on July 11, 2023, the Commission recommended the following changes to the Village Code Chapter 295 Taxicabs. 1. Increase taxicab fares Single passenger - $5.00 to $6.00 Additional passenger - $1.50 to $2.00 Senior Citizens - $3.00 to $4.00 New student fare - $5.00 New Additional fee for use of trunk - $3.00 Make explicit that senior citizen will always be considered the primary passenger in a vehicle. 2. Authorize an additional charge of $3.00 for the use of the trunk for a passenger's suitcase, traveling bag, valise, and shopping bags. Except canes, crutches, walkers, wheelchairs, and baby strollers which will be exempt from this fee. 3. Allow for the taxi operator’s use of a GPS-enabled device (e.g. cell phone, tablet, Garmin) instead of the current requirement of a hard copy village street-map. For your convenience, attached are the current relevant provisions of the Village Code. Thank you for your consideration. Sincerely, Paul Gerardi Paul Gerardi Chair [003 by L.L. No. 10-2003[1]] The rates of fares to be taken by or paid to the owners or drivers of public conveyances within the village shall be as follows: A. For conveying one passenger: $5. The rate of $1.50 shall be charged for each additional passenger. [Amended 11-7-2005 by L.L. No. 6-2005; 6-3-2019 by L.L. No. 6-2019] B. Children. (1) Ages five to 12 years. (a) For the conveyance of children between the ages of five and 12 years, the following charges shall apply: [1] When a child is attended by an adult paying full fare, each child shall be charged 1/2 of the full fare. [2] When a child is unattended, full fare for the first party will be charged. Each additional child will pay 1/2 of the full fare. (b) The above is based on a per-stop basis. (2) Under five years. All children under the age of five must be attended, and there will be no charge for said children. [Amended 12-1-2003 by L.L. No. 15-2003] C. Senior citizens. Fees are $3 for all senior citizens who show evidence of age 60 years or older. Senior citizens who travel to the contiguous area of the Town of Rye for the purpose of medical needs, shopping needs or visiting the senior center shall be charged the same rate. [Amended 6-3-2019 by L.L. No. 6-2019] D. No charge shall be made for a passenger's suitcase, traveling bag, valise, shopping bags or other articles carried by hand by a passenger into vehicle or place in the trunk of the taxicab. E. After a cab has been engaged, additional passengers may not be taken except with the mutual consent of the passenger occupying the cab and the passenger entering the cab. F. The operator of a taxicab transporting a passenger or passengers from a point within the village limits shall charge the fares as set forth above from the point of origin to the village limits and may charge such additional fares as the operator and the passenger may agree upon for the ride beyond the village limits. This agreement shall be made prior to departure and will be final. G. The rates enumerated herein may be adjusted in the future by resolution of the Board of Trustees. [Added 6-3-2019 by L.L. No. 6-2019] There will be a dress code for taxi operators as follows: (1) Men: full-length trousers, short- or long-sleeve shirts with collars or button-down shirts, and shoes or sneakers. (2) Women: slacks or skirts with long- or short-sleeve blouses or pullover tops, and shoes or sneakers. B. All taxicabs must carry a Village of Port Chester street map at all times. C. Under no circumstances should there be more than four passengers in a taxicab. D. All taxicabs must display, where it can be readily seen by the riding public, and in a format approved by the Village Clerk, a copy of the following Taxi User's Bill of Rights, the violation of which may result in the suspension or revocation of a taxi operator's license of penalty or fine as provided in this chapter. (1) Taxi User's Bill of Rights. (a) A passenger has the exclusive use of any taxicab, and no taxicab operator shall require a passenger to accept any other passengers without his or her consent. (b) A passenger can choose any taxicab in line at a taxi stand. (c) If group is starting at one location and going to the same destination, one passenger pays full, the others pay $1 each. (Note: applies only to trips within Village limits.) (d) Taxi operators may not solicit or refuse an orderly fare. (e) Taxi operators must produce identification on request. (f) Taxi operators may not smoke in the taxicab. (g) Taxi operators shall make every attempt to ensure that passengers arrive at their destination in a timely manner. Passengers should be available upon the arrival of a taxi dispatched to them. No operator is obliged to wait for a fare. (2) All violations may be reported to the Port Chester Police Department (914) 939-1000 or the Village Clerk's office (914) 939-5202. From: Dan Harbold To: Rabin, Stuart; Clerk"s Office Cc: Mike Casarella; John Roche; Nicholas Williams Subject: 30 Broad Street - Construction Times Amendment Date: Friday, July 28, 2023 2:33:13 PM Attachments: Waiver for Construction Noise.pdf Mr. Rabin & Mr. Richards, On behalf of 30 Broad Street Development, LLC, attached is a copy of a letter from our Contractor, Kings Capital Construction for consideration and approval by the Board of Trustees. Please advise if this request can be added to the agenda for the August 7, 2023 Board of Trustee meeting. Thank you, Dan Daniel Harbold ValCon Construction Advisors, Inc. dharbold@valconcc.net 212-594-0834 x24 (0) 646-450-9412 (m)  660 White Plains Road, Suite 560, Tarrytown, NY 10591 Tel: (914) 345-6799 Fax: (914) 345-6797 www.kingscapitalgroup.com RE: Waiver for Construction Noise 30 Broad Street Port Chester, New York Dear Mr. Rabin and Mr. Richards: Kings Capital Construction Group as Contractor of the new 9-story building at 30 Broad Street is requesting to be placed on the Board of Trustee Meeting Agenda on August 7, 2023, for a limited waiver of construction noise at our project site. In accordance with Village Code Section 224-3.1, we are asking to start construction activities at the following times: 1. Weekday Start Time: _7_ AM 2. Saturday Start Time: _8_ AM Please note the subject property is located in the CD-6T District and the construction activity will be temporary in duration. We are providing written notice to the property owners within 150 feet of the site and posted a sign, three feet by four feet prominently on the property line. We will provide separately evidence of mailing and an affidavit with photographic documentation of the posted notice sign. If you have any questions regarding our request, I may be contacted at (914) 774-7233 or via email at j.roche@kingscapital.com. Sincerely, John Roche  PORT CHESTER/RYE BRANCH NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE P.O. Box 282, Port Chester, NY 10573 OFFICERS: July 30, 2023 Tom Kissner President Frederick Griffin 1st Vice President Dear Port Chester Board of Trustees: Nancy Pasquale Secretary I am reaching out as a volunteer of the Port Chester-Rye NAACP branch. Kathy Kelley Treasurer Meg Cameron Assistant Secretary We are planning our annual Freedom Fund Luncheon on Sunday, October 22, Kathy Pandekakes Assistant Treasurer 2023, and we are requesting the use of the Port Chester Senior Center. The event would take place from 2:00-4:00 PM, with setup starting at 11:00 AM and cleanup finished at 5:00 PM. Executive Committee: Margaret Adamson Martha Bell Thank you for your time and consideration. Daniel Bonnet Andrew Graham Jane Hill Ethel Livingston Moving forward, Frank Pride Ingraham Taylor Cheryl Geller Freedom Fund Event Committee volunteer H/O: 914-925-6755 Text: 914-523-6953 AGENDA - WORK SESSION  VILLAGE OF PORT CHESTER BOARD OF TRUSTEES D Regular Meeting R Monday, August 7, 2023 at 7:00 P.M. A PROPOSED EXECUTIVE/CLOSED SESSION AT THE END OF THE MEETING 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 solicit public input regarding a request from Neri’s Bakery Products that the village consider conveying air rights over a 1 portion of the New Broad Street municipal parking lot to enable the bakery to expand the 2nd floor of its building over the lot for additional ingredient and material storage III PRESENTATION ACTION Update by Colliers Engineering on Village of Port Chester Village- 1 Wide Transportation Plan 2 2023-2024 Capital Plan IV MINUTES ACTION 1 Approval of July 3, 2023, July 17, 2023 and August 2, 2023 minutes V PUBLIC COMMENTS ACTION VI REPORT OF THE VILLAGE MANAGER ACTION VII REPORT OF THE VILLAGE TREASURER ACTION Interim Fiscal Year 2022-2023 Summary Budget Report VIII RESOLUTIONS - CONSENT AGENDA ITEMS ACTION Appointment of Leonardo G. Hernandez-Gomez to the Board of Taxi 1 Commissioners From The Mellor Engine & Hose Co. No. 3 on the election of Tyler 2 Aponte to active membership From The Reliance Engine & Hose Co. No. 1 on the election of 3 Michael Lawrence Fratello to active membership From The Reliance Engine & Hose Co. No. 1 on the election of Bobby 4 Samaniego to active membership From The Putnam Engine & Hose Co. No. 2 on the election of 5 Nicholas Latella to active membership From The Fire Patrol & Rescue Co. No. 1 on the election of Julian 6 Silva to active membership 1 2023-08-07 Agenda VIII RESOLUTIONS Confirmation and Approval of Lynn S. Brooks Avni as Director of 7 Planning and Economic Development Establishing an Advisory Form-Based Code Study Committee to 8 provide recommended zoning changes to the Board of Trustees NEED NAMES Rescinding BID Award 2022-17 for Village of Port Chester Municipal 9 Roof Replacements Awarding BID 2023-01 - Village of Port Chester Municipal Roof 10 Replacements to Cornerstone Restoration Corp. AWAITING 11 Year-End Budget Amendments - Fiscal Year 2022-2023 RESOLUTION V.T. Fiscal Year 2023-2024 General Fund Budget Amendment – Planning AWAITING 12 Consultant Services RESOLUTION V.T. Awarding RFP 2023-08 Planning Consulting Services - CD-5, CD-5W, 13 CD-6 and CD-6T Districts to Cameron Engineering AWAITING 14 Year-End Budget Transfers - Fiscal Year 2022-23 RESOLUTION V.T. AWAITING 15 Authorizing Utility Easement for 23 Sylvan Rd. Port Chester, New York RESOLUTION PLANNING AWAITING 16 Approving relevant personal financial disclosures RESOLUTION TRUSTEE CARVIN Bond Resolutions A) 17 B) AWAITING RESOLUTION C) … REQUESTS FOR AN ADD-ON RESOLUTIONS ACTION IX CORRESPONDENCE ACTION From The Mellor Engine & Hose Co. No. 3 on the expulsion of Kevin 1 McMinn from membership From The Mellor Engine & Hose Co. No. 3 on the resignation of Arrion 2 Mulligan from active membership From the Knight of Columbus requesting financial assistance for the 3 Columbus Day Parade to be held October 8, 2023 From the Knight of Columbus inviting the Mayor and Board of 4 Trustees to participate in the Columbus Day Parade on Sunday, October 8, 2023 X PUBLIC COMMENTS AND BOARD COMMENTS ACTION XI PROPOSED EXECUTIVE/CLOSED SESSION ACTION 1 2 2023-08-07 Agenda  PROPOSED MOTION FOR EXECUTIVE / CLOSED SESSION