Board of Trustees

VILLAGE OF PORT CHESTER BOARD OF TRUSTEES Agenda Work-Session Wednesday, March 27, 2024 at 6:00 P.M. PROPOSED EXECUTIVE/CLOSED SESSION 6:00-6:30 P.M. PROPOSED EXECUTIVE/CLOSED SESSION AT THE END OF THE MEETING VILLAGE HALL CONFERENCE ROOM 222 Grace Church Street Port Chester, New York AGENDA Trustee Philip Dorazio will be attending the meeting via videoconferencing from 1038 E. River Dr., Lake Luzerne, NY 12846, which will be open to the public for this meeting as well as the 222 Grace Church Street Location Trustee Bart Didden will be attending the meeting via videoconferencing from 685 Pelican Court, Marco Island, FL 34145, 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 Consult with Village Manager regarding a particular person(s) in the 1 Police Department. III DISCUSSIONS ACTION Extend Temporary Development Moratorium on Battery Energy Storage 1 Requested by: BOT Systems – Original ends 4/25/2024 Requested by: 2 NLC Service Line Warranty Program Village Manager Stuart L. Rabin Requested by: 3 Awarding BID 2024-06 - Leicester Street Bulkley Drain Repair Village Manager Stuart L. Rabin Form-Based Code Advisory Committee (CD-5, CD-6, CD-6T) request 4 Requested by: BOT extension until April 30, 2024 Requested by: 5 Request for support for outdoor movie night Trustee Grangenois-Thomas 6 Taxi operations Requested by: Mayor Marino 7 Rye Town Taxes Requested by: Trustee Carvin 8 Agree a Process to Identify and Confer Sister City Status Requested by: Trustee Carvin 9 Update from the Village Managers office on scofflaws Requested by: Trustee Didden Feasibility of remote participation in meetings and rules for remote 10 participation Requested by: Trustee Allen IV REPORT OF THE VILLAGE MANAGER ACTION V RESOLUTIONS ACTION Authorizing the Director of Planning and Economic Development to refer 1 draft zoning legislation to Westchester County and Village of Port Chester Planning Commission VI AGENDA - WORK SESSION ACTION 1 2024-04-01 2 2024-04-15 VII PROPOSED EXECUTIVE/CLOSED SESSION ACTION 1 2024-03-27 Agenda  CALL TO ORDER PLEDGE OF ALLEGIANCE  PROPOSED MOTION FOR EXECUTIVE / CLOSED SESSION DISCUSSION DISCUSSIONS #1  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. 02 of 2024 A LOCAL LAW AMENDING CHAPTER 345 OF THE CODE OF THE VILLAGE OF PORT CHESTER IMPOSING A TEMPORARY DEVELOPMENT MORATORIUM ON BATTERY ENERGY STORAGE SYSTEMS IN ORDER TO REVIEW AND MAKE NECESSARY CHANGES TO THE ZONING CODE Be it enacted by the Board of Trustees of the Village of Port Chester, New York as follows: SECTION 1: Purpose and Intent. Due to the need to increase energy grid resilience, flexibility and stability, attention is increasingly being drawn nationwide to the development of Battery Energy Storage Systems (hereafter “BESS”). These systems serve a number of functions such as providing a back-up source of energy in the event of grid interruption or failure, mitigating energy demand spikes, and enabling utilities to defer costly upgrades to transmission and distribution infrastructure. By far, the predominant component utilized in BESS is lithium-ion batteries. The Board takes notice that there is an application pending before the Planning Commission for a BESS on North Main Street. The application illustrates that the form-based Zoning Code that was adopted in 2020 did not anticipate BESS, much less provide a sufficient regulatory framework regarding this emerging technology. This local law is a land use regulation. It is intended to address matters of local concern, not statewide concern. It is concerned with land use planning and the physical use of land within the village, including the physical externalities associated with certain land uses, such as potential negative impacts on public safety. The Board of Trustees recognizes that it needs the time to study and analyze many considerations that would affect the preparation of local legislation to regulate the future establishment of BESS. In the exercise of due diligence, the Board will use the moratorium to enable staff to have the opportunity to survey local laws from other jurisdictions, obtain related source materials and ascertain best planning practices in this area. The Board has directed the Village Attorney to assist in this endeavor. For the foregoing reasons, the Board of Trustees finds that a temporary moratorium is both advisable and necessary for a reasonable and defined period to develop and adopt necessary zoning changes to the Village Code thereby protecting the public interest, health and safety. SECTION 2: Definition BATTERY ENERGY STORAGE SYSTEM – One or more devices assembled, containing batteries and related equipment, capable of storing energy in order to distribute electrical energy at a future time. This includes all accessory equipment for energy storage and distribution, including but not limited to inverters, transformers, cooling equipment, switching gear, metering equipment, and other power interconnections, but not including a stand-alone 12- volt car battery or electric motor vehicle or an electric motor vehicle charging station; nor does it include residential home solar generator or back-up battery systems. SECTION 3: Term of Moratorium. The term of the moratorium shall be for a period of ninety (90) days from the effective date of this local law or the adoption of new zoning changes whichever comes first. SECTION 4. Scope of Moratorium. During the period of the moratorium, the Department of Planning and Community Development, Planning Commission, Zoning Board of Appeals, Board of Trustees and Building Inspector shall not accept, process, entertain, review, approve with or without conditions, or take any action with respect to an application for a building permit, certificate of occupancy, certificate of compliance, zoning amendment, subdivision, site plan, special exception use, variance or interpretation, or request for Building and Lot Plan Approval, involving battery energy storage systems. SECTION 5. Hardship Relief From Applicability of Moratorium The Board of Trustees shall have the authority to grant an exemption and waive the application of any provision of this local law, in its legislative discretion, after a public hearing and upon a determination, that such waiver is required to alleviate any unnecessary hardship affecting a property. Any application for an exemption shall be filed with the Village Clerk, accompanied by a fee of two hundred and fifty ($250) dollars. Within thirty (30) days of receipt of such application, the Board shall hold a public hearing at which the applicant and other parties wishing to present evidence with regard to the application shall have the opportunity to be heard. Within fifteen (15) days of the close of the public hearing, The Board shall render a decision either granting or denying the application, accompanied by supporting findings. SECTION 6: Extension of Moratorium. For good cause shown, if it appears that the process of due diligence referred to hereinabove will not be completed within the period of this moratorium, the Board may, by resolution, extend the period of this moratorium for an additional ninety (90) days. SECTION 7. Supersession. To the extent that any provisions of this local law are in conflict with or are construed to be inconsistent with the otherwise applicable provisions of Article 7 of the New York State Village Law, this Local Law supersedes, amends and take precedence over same as authorized by the village’s municipal home rule powers based on the New York State Constitution, Article IX and Municipal Home Rule Law, Section 10. Any provisions of the Village Code, including Chapters 151 and 345, that are in conflict or inconsistent with the provisions of this local law are also hereby superseded to the extent necessary to give this local law full force and effect. SECTION 8: Severability If any clause, sentence, paragraph, section or part of this local law shall be determined by any court of competent jurisdiction to be invalid, the judgment thereon shall not affect the validity of this law as a whole or any part thereof other than the part decided to be invalid. SECTION 9: Effective Date This local law shall take effect immediately upon due publication and filing with the Secretary of State. BY ORDER OF THE BOARD OF TRUSTEES OF THE VILLAGE OF PORT CHESTER, NEW YORK Luis A. Marino, Mayor Adopted: January 16, 2024 Janusz R. Richards, Village Clerk 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 02 of the 2024 of the Village of Port Chester was duly passed by the Village Board of Trustees on January 16, 2024 in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of _ of the Village of Port Chester was duly passed by the Village and was (approved) (not approved) (repassed after disapproval) by the and was deemed duly adopted on in accordance with their applicable provisions of law. 3. (Final adoption by referendum) I hereby certify that the local law annexed hereto, designated as local law No. __ of Year 20___ of the Village of Port Chester was duly passed by the________________ on ___, 20__ and was (approved) (not approved) (repassed after disapproval) by the _______________ on __, 20__. Such local law was submitted to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on __, 20__, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___of 20____ of the Town of Rye was duly passed by the _________________ on _______20__, and was (approved) (not approved) (repassed after disapproval) by the __________________on ______, 20__. Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of ___, 20__, in accordance with the applicable provisions of law. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. _of 20__ of the City of ___having been submitted to referendum pursuant to the provisions of section (36) (37) of the Municipal Home Rule Law, and having received the affirmative vote of the majority of the qualified electors of such city voting thereon at the (special) (general) election held on ______, 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law hereto, designated as local law No. ___ of 20__ of the County of Westchester, State of New York, having been submitted to the electors at the General Elections of November_____, 20__, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of the said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1, above. _____________________________ Janusz R. Richards, Village Clerk Village of Port Chester Date: January 20, 2024 Seal DISCUSSIONS #2 DISCUSSIONS #3 DISCUSSIONS #4  COR 01 03-18-2024 To: Mayor Marino and Board of Trustees From: Form-Based Code Advisory Committee (CD-5, CD-6, CD-6T) Date: March 11, 2024 Re: Extension Request to April 30, 2024 Prepared by: Monica Fonseca FBC Advisory Committee Chair Good afternoon, Our committee has been working diligently to complete our task and make our recommendations. David Tepper, our consultant from Cameron Engineering, is currently working exclusively on the preparation of the report, and the Village Planning Department and it’s new Director are collaborating with Cameron. We ask to be granted an extension until April 30, 2024, as was originally requested and reiterated in the update we prepared for you. We are nearing completion of our work, but will need additional time in order to complete the report. We hope that you will grant our request in order that we have the necessary time to prepare a proper report for your review. If there are any questions or concerns, please feel free to contact me via email or at 914-406-9169. Thank you, in advance, for your consideration. DISCUSSIONS #5 From: Grangenois-Thomas, Joan To: Marino, Luis; Rabin, Stuart Cc: Richards, Janusz Subject: Request for support for outdoor movie night Date: Thursday, March 21, 2024 10:38:25 AM Attachments: image001.png Mr. Mayor. Below is the request from PCHS teacher Jeffrey Kravitz, seeking village support for a free family movie night at the high school. It can be added as a discussion item for the agenda meeting on March 27. Port Chester’s Ram Nation Outdoor Movie Night We are excited to share details about our upcoming community movie event that will bring residents of our village together for a night of celebration, unity, and fun. The event aims to promote community engagement, foster positive relationships among neighbors, and create a sense of pride in our village. Event Details: ·       Event Name: Port Chester’s Ram Nation Outdoor Movie Night ·       Date: Friday, June 7 or 14 2024 - RAIN DATE 6/18/24 7:30 -10:30 ·       Location: Field between Park Ave and Port Chester High School ·       Activities: local food trucks, music, raffle games, etc Purpose of Funding Request: We are reaching out to request a donation from the Mayor's Office to help cover the costs associated with organizing this event. The funds will be used for renting movie equipment, securing police presence, purchasing supplies, and promoting the event to ensure maximum participation from residents. Benefits to the Community: ·       Fosters a sense of community pride and unity among residents. ·       Promotes local businesses by giving them an opportunity to connect with the community. ·       Encourages positive interactions among neighbors and strengthens community bonds. Request for Support: We kindly request a donation of $1,000 from the Mayor's Office to support the Ram Nation Outdoor Movie Night. Your contribution will make a significant impact on the success of this event and will directly benefit the residents of our village. We believe that by coming together as a community, we can create a more connected, vibrant, and inclusive village for all residents to enjoy. Your support of this event will help make this vision a reality. If you have any questions or concerns, please feel free to contact me anytime. Thank you for considering our proposal. Jeffrey Kravitz and Michael Stabile Two Proud Port Chester High School Teachers Kravitz - (914) 646-9912 jkravitz@portchesterschools.org Mstabile@portchesterschools.org Joan Grangenois-Thomas Deputy Mayor/Trustee, Village of Port Chester E: JGrangenois-Thomas@PortChesterNY.gov 222 Grace Church St. | Port Chester, NY 10573 This message was secured by ZixCorp©. DISCUSSIONS #6 DISCUSSIONS #7 DISCUSSIONS #8 DISCUSSIONS #9 DISCUSSIONS #10  REPORT OF THE VILLAGE MANAGER RESOLUTIONS  RESOLUTION AUTHORIZING THE DIRECTOR OF PLANNING AND ECONOMIC DEVELOPMENT TO REFER DRAFT ZONING LEGISLATION TO WESTCHESTER COUNTY AND VILLAGE OF PORT CHESTER PLANNING COMMISSION 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 Board of Trustees anticipate receipt of a zoning report and draft zoning legislation from the Director of Planning and Economic Development on or before May 6, 2024; and WHEREAS, receiving comments from Westchester County and the Planning Commission on the draft zoning as early as possible would better support the Board of Trustees’ review and consideration of the proposed zoning; and WHEREAS, circulating such reports and drafts have historically been effectuated simultaneously to the Board of Trustees’ calling for a public hearing; and NOW, THEREFORE, be it RESOLVED, that the Board of Trustees hereby authorizes and directs the Director of Planning and Economic Development to refer the proposed draft zoning legislation to Westchester County and the Village of Port Chester Planning Commission upon its completion and his receipt, and in advance of the Board of Trustees’ scheduling of a public hearing. Approved as to Form: James R. Carpiniello, Village Attorney 1 AGENDA - WORK SESSION  VILLAGE OF PORT CHESTER BOARD OF TRUSTEES D Regular Meeting R Monday, April 1, 2024 at 7:00 P.M. PROPOSED EXECUTIVE/CLOSED SESSION 6:30-7:00 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 Trustee Bart Didden will be attending the meeting via videoconferencing from 685 Pelican Court, Marco Island, FL 34145, which will be open to the public for this meeting as well as the 350 N. Main Street Location. __________________________________________________________________________ I CALL TO ORDER / PLEDGE OF ALLEGIANCE II PROPOSED EXECUTIVE/CLOSED SESSION ACTION 1 AFFIDAVIT OF PUBLICATION AND NOTICE OF III ACTION PUBLICATION RE: Public Hearing for the adoption of the Village Budget and Sewer Rent 1 Rate for Fiscal Year 2024-2025 Public Hearing to Consider the Advisability of Adopting a Local Law that would amend the Code of the Village of Port Chester, to authorize a 2 property tax levy in excess of the limit established in General Municipal Law, Section 3-c, for the Fiscal Year 2024-2025 Village Budget IV MINUTES ACTION 1 Approval of March 18, 2024 and March 27, 2024 minutes V PUBLIC COMMENTS ACTION VI REPORT OF THE VILLAGE MANAGER ACTION VII RESOLUTIONS ACTION Appointment of Trustee Philip Dorazio as President of the Board of 1 Trustees (Deputy Mayor) Awarding BID 2023-26 - Columbus Park Splash Pad Upgrades to Pat 2 Corsetti, Inc. AWAITING RESOLUTION 3 FY 2023/2024 General Fund Budget Transfer – Police Department AWAITING RESOLUTION From The Harry Howard Hook & Ladder Company on the election to 4 active membership of Shawn Amero From the Harry Howard Hook & Ladder Company on the election to 5 active membership of Joseph Tropea Authorizing an Inter-Municipal Agreement with the County of 6 Westchester with regard to the Stop-DWI High Visibility Engagement AWAITING RESOLUTION Campaign Program 1 2024-04-01 Agenda VII REQUESTS FOR AN ADD-ON RESOLUTIONS ACTION 8 9 VIII CORRESPONDENCE ACTION 1 2 IX PUBLIC COMMENTS AND BOARD COMMENTS ACTION X PROPOSED EXECUTIVE/CLOSED SESSION ACTION 1 2 2024-04-01 Agenda  VILLAGE OF PORT CHESTER BOARD OF TRUSTEES D Regular Meeting R Monday, April 15, 2024 at 6:30 P.M. PROPOSED EXECUTIVE/CLOSED SESSION 6:30-7:00 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 Trustee Bart Didden will be attending the meeting via videoconferencing from 685 Pelican Court, Marco Island, FL 34145, which will be open to the public for this meeting as well as the 350 N. Main Street Location. Trustee Joseph E. Carvin, Jr. will be attending the meeting via videoconferencing from 1207 Hillsboro Mile, Hillsboro Beach, FL 33062, which will be open to the public for this meeting as well as the 350 N. Main Street Location. __________________________________________________________________________ I CALL TO ORDER / PLEDGE OF ALLEGIANCE II PROPOSED EXECUTIVE/CLOSED SESSION ACTION 1 III PRESENTATION ACTION 1 Village Treasurer/Finance Department AFFIDAVIT OF PUBLICATION AND NOTICE OF IV ACTION PUBLICATION RE: 1 Public hearing From 4/1/2024 2 Public hearing From 4/1/2024 V MINUTES ACTION 1 Approval of April 1, 2024 minutes VI PUBLIC COMMENTS ACTION VII REPORT OF THE VILLAGE MANAGER ACTION VIII RESOLUTIONS ACTION 1 Adoption of 2024-2025 Budget 2 Establish 2024-2025 Sewer Rent Rate 3 Awarding BID 2024-03 - Work Clothing to ________________ AWAITING RESOLUTION Awarding BID 2024-06 - Leicester Street Bulkley Drain Repair to 4 ________________ AWAITING RESOLUTION 5 IMA – Human Trafficking Task Force AWAITING RESOLUTION IX CORRESPONDENCE ACTION 1 X PUBLIC COMMENTS AND BOARD COMMENTS ACTION XI PROPOSED EXECUTIVE/CLOSED SESSION ACTION 1 2024-04-15 Agenda 1 2 2024-04-15 Agenda  PROPOSED MOTION FOR EXECUTIVE / CLOSED SESSION