TIME: 6:00 P.M. I PROPOSED MOTION FOR EXECUTIVE SESSION ACTION 1 Police Negotiations

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1 VILLAGE OF PORT CHESTER BOARD OF TRUSTEES Meeting, Tuesday, January 2, 2018 PROPOSED EXECUTIVE/CLOSED SESSION 6:00-7:00 P.M. Regular Meeting: 7:00 P.M. VILLAGE JUSTICE COURTROOM 350 North Main Street Port Chester, New York AGENDA TIME: 6:00 P.M. I PROPOSED MOTION FOR EXECUTIVE SESSION ACTION 1 Police Negotiations Consultation with Village Attorney and Village Corporation Counsel as 2 requested by Trustee Didden and Trustee Marino. TIME: 7:00 P.M. II PRESENTATION OF NEW POLICE APPOINTMENTS Swearing in ceremony of: Police Officer Jason Fox Police Officer Moises Ochoa Police Officer Joseph Romanello III PRESENTATION ACTION 1 Village Voting Expert Dr. Lisa Handley With Regard to Her Consideration of Alternative Governance Options for Consideration and Analysis of Voting Patterns by Race/Ethnicity. IV MINUTES ACTION 1 Minutes from December 18, 2017 V PUBLIC COMMENTS ACTION VIA CONSENT AGENDA ITEMS - RESOLUTIONS 1) Appointment of Paul Gerardi to the Board of Taxi Commissioners. 2) Appointment of Pasquale Lagana to the Board of Taxi Commissioners. 3) Appointment of John W. Reavis, Jr. to the Board of Taxi Commissioners. 4) Appointment of Jill Bradshaw-Soto to the Board of Taxi Commissioners. 5) Appointment of Tom Ceruzzi to the Board of Taxi Commissioners. 6) Appointment Steve Wallach to the Planning Commission. 7) Re-appointment Gerardo Espinoza to the Planning Commission. 8) Re-appointment Chris Summa to the Planning Commission. 1 Agenda

2 VIB 11 9) Authorizing Inter-Municipal Agreement with the County of Westchester with regard STOP-DWI Enforcement Crackdown ) Transfer of $ from the DEA fund to the equipment fund for the purchase of simunition training equipment. RESOLUTIONS Authorizing corrective action plan to be submitted to the office of the New York State Comptroller with regard to an examination for the Village of Port Chester payroll for the period covered June 1, 2015 through January 26, 2017 (2017M-115). VII CORRESPONDENCE ACTION 1 From Timothy F. Murphy resigning from the Planning Commission. VIII PUBLIC COMMENTS AND BOARD COMMENTS ACTION 2 Agenda

3 PROPOSED MOTION FOR EXECUTIVE SESSION

4 PRESENTATION OF NEW POLICE APPOINTMENTS

5 PRESENTATION

6 MINUTES

7 MINUTES BOARD OF TRUSTEES REGULAR MEETING COURT ROOM OF THE POLICE HEADQUARTERS BUILDING 350 NORTH MAIN STREET VILLAGE OF PORT CHESTER, NEW YORK MEETING HELD DECEMBER 18, 2017 AT 7:00 PM Meeting was called to order by Mayor Falanka followed by The Pledge of Allegiance. Mayor Falanka welcomed all present. ROLL CALL PRESENT: Mayor Richard A. Falanka Deputy Mayor Luis A. Marino Trustee Gregory K. Adams Trustee Daniel U. Brakewood Trustee Eugene R. Ceccarelli Trustee Bart A. Didden Trustee Francis Ferrara ALSO PRESENT: Village Clerk, Janusz R. Richards Village Manager, Christopher Steers Village Treasurer, Leonie Douglas Director of Planning & Development, Eric Zamft Village Corporation Counsel, Anthony Provenzano Village Attorney, Anthony Cerreto Chief of Police, Richard Conway Planner, Daniel Messplay Assistant Planner Adam Pisarkiewicz Human Resource Officer, Ed Brancati Recreation Supervisor, Heather Krakowski Labor Attorney, Terry O'Neil (Arrived at 8:00 p.m.) Attorney John Ho (Arrived at 8:00 p.m.) On motion of TRUSTEE DIDDEN, seconded by TRUSTEE MARINO the meeting was declared opened at 07:03 p.m. ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. BOARD OF TRUSTEE MEETING 12/18/2017 1

8 RECUSE: None. ABSENT: None. DATE: December 18, 2017 Mayor Falanka asked Recreation Supervisor, Heather Krakowski to announce the winners of the 2017 House Decorating Contest and the local businesses for helping sponsor this event. WINNERS SPONSORS 16 Brook Road 154 Grace Church Street 92 Halstead Avenue 39 Linden Street 21 Park Avenue 164 Poningo Street 57 Soundview 34 Upland Street 72 Wesley Avenue 3 West Glen Avenue Acuario Restaurant Coals Restaurant Famous Greek Kitchen Restaurant Frankie & Louie s Restaurant Marianacci s Restaurant Neri s Bakery Pasquale s Restaurant Romo s Italian Kitchen & Bar Salsa Picante Restaurant T & J Restaurant PRESENTATION Auditor s Presentation Mr. Thomas Malecki of Drescher & Malecki updated the Board of Trustees on the independent Audit of the Village finances. BOARD OF TRUSTEE MEETING 12/18/2017 2

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15 Presentation by our Financial Advisor regarding New Borrowing. Beth Ferguson, Vice President at Capital Markets Advisors, LLC, updated the Board on outstanding death and what it s projected to be as well as current fiscal year bonds that will be issued in February MINUTES On motion of TRUSTEE ADAMS, seconded by TRUSTEE CECCARELLI, the Board of Trustees accepted the minutes of: December 4, 2017 ROLL CALL AYES: Trustees Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: Trustees Didden and Brakewood. ABSENT: None. DATE: December 18, 2017 PUBLIC COMMENTS BOARD OF TRUSTEE MEETING 12/18/2017 9

16 Mayor Falanka asked if there was anyone from the audience who would like to make any public comments. Comments were made by several members of the public. PRESENTATION Presentation/Interview of Town Planning and Urban Design Collaborative to provide consultant services for the preparation of a Form-Based Code, Build-Out Analysis, and GEIS. Eric Zamft, Director of Planning & Economic Development introduced Brian Wright of Town Planning & Urban Design Collaborative LLC. Director Zamft stated that out of fourteen submissions Town Planning & Urban Design Collaborative LLC, was recommended by the RFP review committee to provide consultant services for the preparation of a Form-Based Code, Build-Out Analysis, and GEIS. Mr. Wright then gave a presentation introducing the team and company. BOARD OF TRUSTEE MEETING 12/18/

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31 Following the presentation the Mayor asked for a motion to award the RFP. RESOLUTION AWARDING RFP # FOR CONSULTANT SERVICES TO PREPARE A FORM-BASED CODE, BUILD OUT ANALYSIS, AND SEQRA SERVICES TO TOWN PLANNING & URBAN DESIGN COLLABORATIVE On motion of TRUSTEE FERRARA, seconded by TRUSTEE CECCARELLI, the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, the Village s existing Zoning Code, Chapter 345 of the Code of the Village of Port Chester, is a typical post-suburban zoning code a hodge-podge of sometimes contradictory zones and regulations that reflect the age of the automobile and single-family homes; and WHEREAS, in advance of the 150 th Anniversary in 2018 and as part of the implementation of the Smart Growth goal of the Village Strategic Plan, the Village desires to develop a new form-based code in order to promote future development that is context-sensitive, well-designed, and incentivizes mixed-use transitoriented development around the train station; and BOARD OF TRUSTEE MEETING 12/18/

32 WHEREAS, on July 12, 2017 the Village of Port Chester issued a Request for Proposals ( RFP ) for consultant services to prepare a form-based code, build-out analysis, and SEQRA services (RFP # ). and WHEREAS, on August 18, 2017 the Village received fourteen (14) responses; WHEREAS, a review committee, comprised of representatives from the Village Manager s office, Building Department, and Department of Planning & Economic Development, reviewed each of the fourteen (14) responses; and WHEREAS, each of the fourteen (14) responses were deemed complete; and WHEREAS, after ranking the fourteen (14) responses, six (6) teams were shortlisted and invited to interview with a review committee; and WHEREAS, after interviewing the six (6) short-listed teams, the review committee recommends Town Planning & Urban Design Collaborative as the superior respondent. NOW, THEREFORE, be it RESOLVED, that the Board of Trustees hereby awards the project to Town Planning & Urban Design Collaborative, 143 Fifth Avenue, Franklin, TN in the amount of $641,675 to provide form-based code, build out analysis, and SEQRA services to the Village of Port Chester; and be it further RESOLVED, that the Village Manager is hereby authorized to enter into a contract with Town Planning & Urban Design Collaborative and that the form and content of said contract shall be subject to the approval of the Village Attorney; and be it finally RESOLVED, that the funding for said work be appropriated from the Form-Based Code & GEIS project in the Capital Fund. Approved as to Form: Village Attorney, Anthony Cerreto ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: None. ABSENT: None. BOARD OF TRUSTEE MEETING 12/18/

33 DATE: December 18, 2017 REPORTS Eric Zamft, Director of Planning & Economic Development along with, Daniel Messplay, Planner and Adam Pisarkiewicz, Assistant Planner updated the Board on activities and projects in the department. BOARD OF TRUSTEE MEETING 12/18/

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40 Additionally, Eric Zamft, Director of Planning & Economic Development provided the Board with planning updates. VILLAGE OF PORT CHESTER DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT 222 Grace Church Street, Rm. 202 Port Chester, NY (P) (F) Eric Zamft, AICP, Director Daniel Messplay, AICP, Planner Adam Pisarkiewicz, Assistant Planner Constance Phillips, Planning Commission Secretary ACTIVE PLANNING AND DEVELOPMENT INITIATIVES (December 2017) PLANNING STRATEGIC PLAN GOAL AREA B SMART GROWTH INITIATIVE SUMMARY STATUS G&S Redevelopment of Retail D Form-Based Code (along with Zoning Diagnostic, Zoning Code Re-Write, GEIS, and Build Out Scenario) Gateway Signage Services Streetscape Design Services Master Developer Proposal to redevelop the Retail D parcel as a mixeduse project, with ground-floor retail and 79 apartment units above. Preparation of Village Form- Based Code, Build Out Scenario, and GEIS, as well as re-writing the Village s Zoning Code or portions thereof. Preparation of design and construction documentation for gateway signage in the Village. Preparation of a streetscape plan, design drawings, and construction documentation for streetscape improvements, including along Main Street and on the waterfront. Approach to partner with a master developer to help revitalize downtown. Staff has coordinated with Boswell on an analysis of the Bulkley Drain. A draft site plan application was provided to the Department of Planning & Economic Development on October 23 rd, which was revised on November 15, 2017 based on staff comments. The Board of Trustees accepted the site plan and referred it at the December 4, 2017, as well as set a public hearing for February 5, A RFP for a Zoning Diagnostic, Form-Based Code, Zoning Re-Write, GEIS, and Build-Out Analysis was issued and 14 responses received. A review committee short-listed 6 firms, which were interviewed during the week of November 6 th. Staff will provide a recommendation for a firm at the December 18, 2017 meeting and that recommended firm will be present to interview with the Board. Milone & MacBroom was retained at the November 6, 2017 Board meeting. A joint kick-off meeting with PLACE Alliance was conducted on November 15, Staff will provide an update on the project and schedule at the December 18, 2017 Board meeting. PLACE Alliance was retained at the November 6, 2017 Board meeting. A joint kick-off meeting with Milone & MacBroom was conducted on November 15, Staff will provide an update on the project and schedule at the December 18, 2017 Board meeting. A RFQ for a Master Developer was issued and 6 responses were received. Five of the respondents presented to the Board at the November 20, 2017 meeting; the sixth firm will be presenting at the December 4, 2017 meeting. Staff will discuss the BOARD OF TRUSTEE MEETING 12/18/

41 initiative at the December 18, 2017 Board meeting. Property Conditions Study Capital Planning Streets and Sidewalks Transient Use Ordinance Waterfront Planning G&S Colony Grill Strategic Planning Wireless Code Planning Workshops Westchester County Route 7/13 Transit Analyses Study to identify and inventory the conditions of all properties within the Village to provide the basis for developing neighborhood revitalization strategies. Coordinating the Village s efforts to develop a Five-Year Capital Improvement Plan/Program. Revisions to Village Code to revise the current street and sidewalk procedures. Amendments to Village Code to permit transient uses. Coordinating a number of initiatives to help improve the waterfront, including: the bulkhead reconstruction, development of a waterfront improvement district, kayak and boating access, parking and mobility, etc. Proposal to construct an approximate 5,500 sf restaurant in the Marina Redevelopment Project Urban Renewal District (MUR). Assisting Village Manager on strategic planning initiative. Update the Village s Wireless Code to reflect Federal Regulations and recent changes in technology. Workshop meetings with the Planning Commission to discuss various topics. Study by County Department of Transportation and Public Works regarding potential changes to Routes 7 and 13. Based upon direction at the November 20, 2017 Board meeting, staff is preparing a draft RFP. Staff will discuss the draft RFP will be discussed at the December 18, 2017 Board meeting. Coordinating with various Village departments and Dolph to obtain information for preparation of a Plan. Managing the day-to-day implementation of capital projects around the Village. Revisions to street openings regulations adopted at the August 7, 2017 meeting. Staff will now pursue revisions to other aspects of Chapter 283. Staff working with Village Attorney on the proposed amendments. It is anticipated that staff will discuss the proposal with the Board at the December 18, 2017 Board meeting. Coordinating with various Village departments to move such initiatives along. Interim report presented to the Board of Trustees on July 5, Staff working on implementing public access at two locations, as well as pursuing grants to fund waterfront activities. Village continues to work with the title report company on ongoing title reports, archival maps and imagery, and municipal searches for all affected properties. The final phase of the title searches will be completed by December 15, Providing access at the Port Chester Yacht club anticipated. Construction has commenced. Staff has been coordinating with Boswell and G&S on the construction phase. Strategic Plan adopted on April 17, Planning staff assisting Village Manager on implementation action plan. Staff discussed further engagement with Management Partners on November 30, Staff working with Assistant to the Village Manager on the Mid-Year Update to the Strategic Plan. On-going. Short-term zoning amendments were adopted at the August 1, 2016 BOT meeting. Staff is drafting amendments to the rest of the wireless code, including possibly small-cell infrastructure. On-going. A workshop on a number of matters was held in September with the Planning Commission. Staff has attended 3 stakeholder meetings held by the County and will continue to provide input when necessary. BOARD OF TRUSTEE MEETING 12/18/

42 Billboards Redevelopment of the Former United Hospital Site Micro-Alcohol Establishments LWRP Coastal Assessment Forms Lot Line Adjustment Forms Project Proposal Forms Coordination with Town of Greenwich General Inquiries Review of billboards and the existing code. Mixed-use redevelopment proposal for the former United Hospital site located within the Village s PMU District to permit: 500 Millennial housing units, 240 age-restricted housing units, an approx. 138-key limited service hotel, 100, ,000 square feet of medical office, approx. 90,000 square feet of retail, ample public and green space, and improved access to Abendroth Park. Zoning text amendments to possibly permit non-bar, alcohol-related establishments within particular districts within the Village. Intake and processing of proposals that require review by the Waterfront Commission. Intake and processing of proposals that require a lot line adjustment. Intake and processing of proposals which may require review by the Planning Commission, Zoning Board, and Waterfront Commission. On-going coordination with the Town of Greenwich on various items Coordination with private developers and other interested parties on development opportunities within the Village. Staff working with Village Attorney on data collection. Existing billboards inventoried during the week of November 27, Starwood has recently put the property up for sale. Staff has been coordinating with Starwood and its broker, CBRE, on inquiries. The next step would be the submittal of a site plan for review by staff or discussion of alternatives, should such applicant choose to deviate from the approved conceptual plan. Staff can give an update at the December 18, 2017 Board meeting. BOT adopted the zoning at its September 19, 2016 meeting. Per Board direction, staff is investigating adding such uses to the MUR District and will report back to the BOT. On-going as part of the site plan approval process. On-going. First application was processed in April Met with applicant in November 2016 regarding potential second lot line adjustment. On-going. Allow for tracking market trends relative to zoning provisions. Staff continues to intake PPFs, schedule pre-submission conferences, and generally discuss potential projects with prospective applicants. On-going coordination with regards to the Byram River Feasibility Study. Correspondence regarding a proposal for the redevelopment of 777 West Putnam Avenue. Staff is anticipated to attend a meeting with the Town and City of Stamford on the Town s Plan of Conservation and Development on December 19, On-going. Staff meets with developers and other interested parties regarding development opportunities in the Village on a regular basis. This coordination is both as the Department of Planning & Economic Development and in support particularly of the IDA. In addition, staff coordinates with such agencies as MTA/MNR and Westchester County to facilitate development opportunities. GRANTS BOARD OF TRUSTEE MEETING 12/18/

43 STRATEGIC PLAN GOAL AREA B SMART GROWTH STRATEGIC PLAN GOAL AREA C RESOURCE MANAGEMENT INITIATIVE SUMMARY STATUS Grant Writing A major priority of the village Services: continues to be grant Millennium Strategies, LLC application submissions Dept. of State Grant: Local Waterfront Redevelopment Plan (LWRP) Update throughout local, state and federal sources. A professional grant writing firm to augment services provided by village staff bolsters successful applications. Application, management and oversight of awarded 2013 NYSDOS LWRP grant for LWRP document updates. The most recent version of the LWRP was adopted in 1992 with amendments in Arbor Day Grant program available through the New York State Urban Forestry Council to assist in tree-planting projects in conjunction with Arbor Day FEMA Submitted two Letters of Interest for FEMA s 2017 Emergency Preparedness and Hazard Mitigation Planning Grant program. Funds will be directed towards: An emergency generator for Village Hall and the bulkhead reconstruction project. New York Main Street- Technical Assistance New York State Community Development Block Grant (CDBG) Funding Grant program available through the Office of Community Renewal to assist projects that will directly improve a community s capacity or readiness to administer a future New York Main Street building renovation program. State funding through the Office of Homes and Community Renewal (OHCR) including housing, public infrastructure, public facilities, economic development, etc. Total funding allocated for Westchester Communities is Millennium and staff continue to assess upcoming grant opportunities. The Department is currently working with Millennium Strategies on a number of additional applications due in Winter 2017 and early Millennium is also administering the recently awarded New York Main Street-Technical Assistance grant (see below). NYSDOS has indicated that the LWRP is ready for 60-day public comment. Staff is working with NYSDOS to ensure that the 60-day period officially begins. After that 60-day period, the Village would be able to adopt the LWRP locally; the State and Federal adoption of the LWRP would take longer, but would not impact utilize it. The Village was awarded a grant to replant the trees along the median on Haines Boulevard that were diseased and subsequently removed. The replanting occurred on Arbor Day of this year. The Village applied for two projects as part of this year s funding cycle. The Village was not awarded for either. The Village will work with its grants consultant to assemble revised applications next year. The Village was awarded a New York Main Street- Technical Assistance grant to prepare design guidelines and at least one rendering for downtown Port Chester. A kick-off meeting was held in late September with a small Village working group. BFJ, the Village s consultant, is currently collecting data and preparing an outline of the guidelines document. Staff will provide an update on the project and schedule at the December 18, 2017 Board meeting. Awarded. Staff working with OHCR and Dolph to ensure that work performed for the Senior Center and on the sewers is reported correctly under the CDBG program. Senior center bus has been in effect, and senior center kitchen equipment is currently under contract. The total CDBG project is anticipated to be closed-out by the end of the BOARD OF TRUSTEE MEETING 12/18/

44 $4.1 million. year. Dept. of State Grant: Bulkhead Design and Construction Documentation + Permits New York State Environmental Facilities Corporation (EFC) State Revolving Fund Long Island Sound Futures Fund (LISFF) 150 th Anniversary Application, management and oversight of awarded 2013 Department of State Local Waterfront Revitalization Program grant for the repair of the collapsed bulkhead with new public activity platform: implementation of final design and construction documentations plus all applicable permits for the collapsed bulkhead. Application, management and oversight of other applicable local, state and federal grant opportunities. New state program to facilitate the replacement and repair of wastewater infrastructure and to fund projects that will result in the greatest reduction in risk to public health. Eligible projects include rehabilitation of wastewater treatment plants, repair/rehabilitation of sanitary sewers, and energy efficiency upgrades to wastewater treatment plants. Program through the National Fish and Wildlife Foundation (NFWF) to develop and implement local planning projects that improve the health and ecosystem of the Long Island Sound. Eligible project subcategories include Clean Waters & Healthy Watersheds, Thriving Habitats and Abundant Wildlife, and Educating to Engage Sustainable and Resilient Communities. Proposed formation of a steering committee to complete specific beautification projects in anticipation of the Village s Boswell has submitted the full documentation to NYSDOS. NYSDOS is currently reviewing the documentation and has sent it to NYSDEC, Army Corps of Engineers, and Connecticut DEEP for their review maximum of 6 months. Village Staff, partnering with Millennium Strategies and Dolph Rotfeld Engineering P.C., applied for two programs through EFC: Clean Water Grant and Clean Water SRF Financing. The Village was awarded $487,836 for sewer work to begin in spring of The Village submitted all documentation on November 30, 2017 to EFC for consideration of its application by the EFC Bond Committee for interest-free financing on $4,275,000 of sewer bonds. The Village received $47,000 with $47,000 in matching funds to develop a green infrastructure operations manual and prepare conceptual designs and costs for green infrastructure projects. The finalization of the manual is a component of the Streetscape project. The Village applied for additional funding on June 22, 2017, but was not selected. Port Chester was awarded a $10,000 grant under the Empire State Development Market New York program. A 150 th Citizens Advisory Committee has been established. The 150 th Committee has presented to the Board on a number of occasions, BOARD OF TRUSTEE MEETING 12/18/

45 NYSERDA Climate Energy Communities Program Urban Forestry New York Power Authority Fall 2017 Tree Matching Program Keep America Beautiful Recycling Bin Program 150th anniversary in Possible projects include: Streetscape improvements Area branding Placemaking Charrette Historic preservation designation New/improved greenspace and/or bike and pedestrian amenities Area-wide programs/events Local governments in New York State can use the Clean Energy Communities program to implement clean energy actions, save energy costs, create jobs, and improve the environment. In addition to providing tools, resources, and technical assistance, the program recognizes and rewards leadership for the completion of clean energy projects. The Village applied in spring 2017 for two programs through the New York State s Department of Environmental Conservation s Environmental Protection Fund: $50,000 for a comprehensive tree inventory and an additional $50,000 for a tree management and maintenance plan. Matching grant for tree planting around municipal buildings. The purpose of this grant is to reduce wind impacts to facades of municipal structures. Village staff was awarded a grant in the spring of 2017 to install new recycling bins in all of the Village parks, as part of Dr. Pepper Snapple Group s Keep America Beautiful program. including on November 20, The Board is anticipated to provide additional funding to the Committee at the December 4, 2017 Board meeting. Staff will continue to work with the Committee on the planning for the 150 th anniversary. Grant closeout must occur prior to end of The Village and its grant consultant Millennium Strategies, Inc. met with the Hudson Valley Regional Council and established a short-term plan for the Village to complete high-impact actions in order to become eligible for grant funding through the Clean Energy Communities Program. The Village was recently notified of its grant award for both projects: $50,000 for the tree inventory and $42,250 for the tree management and maintenance plan. The Board accepted the award at the November 20, 2017 Board meeting. Village staff is drafting a RFP and anticipates issuing it in January Village was awarded a matching grant of 16 trees to plant around municipal buildings. 13 where planted around Village Hall and 3 were planted around the Bush-Lyon Homestead in Lyon Park. The Village received new recycling bins and has installed them in the parks. The Village held a small ribbon-cutting ceremony in Lyon Park to celebrate the introduction of the bins. The Village applied for 25 additional recycling bins to be placed downtown on November 30, 2017 as part of the Coca Cola Keep America Beautiful program. BOARD OF TRUSTEE MEETING 12/18/

46 RESTORE NY On August 17, 2017, Governor Cuomo announced Round 5 of the RESTORE New York Communities Initiative, which provides local governments with financial assistance to support private development projects that include demolition, rehabilitation or reconstruction of vacant, abandoned, or condemned properties. Port Chester is eligible to secure up to $1 million for certain projects. Other Grant Opportunities General discussion of other grants that the Village has applied for In October 2017, the Village submitted a preapplication on behalf of Post Road Iron Works, Inc. for property located at North Main Street in Port Chester. A public hearing was held on December 4, A full application is anticipated to be submitted by the December 15, 2017 deadline. NYS CFA Three applications were submitted on July 28, 2017: 1) Form-Based Code, Build Out Analysis, and GEIS; 2) Bulkhead; and 3) Trailway Plan. An announcement is anticipated in early- December. NYSDEC Boating Infrastructure Grant Application for new transient slips submitted on August 24, National Endowment of the Arts Our Town Application with the Port Chester Council for the Arts to implement a mural design and community engagement project in conjunction with the 150 th Anniversary submitted on October 2, 2017 National Park Service Maritime Heritage Grant Application with SUNY-Maritime to implement a public education project centered upon the definition and promotion of the community s maritime history submitted on August 31, 2017 ENVIRONMENTAL PLANNING STRATEGIC PLAN GOAL AREA B SMART GROWTH, UNLESS NOTED OTHERWISE INITIATIVE SUMMARY STATUS FEMA Emergency Management Planning The Federal Emergency Management Agency aims to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards. The Village is currently undertaking an action plan for hazard mitigation and resiliency planning, and staff will continue working with FEMA Staff attended a public meeting on June 7, 2016 regarding a potential upcoming FEMA study in the region. Staff continues to work with FEMA to execute high standards for public safety related to disaster mitigation. Strategic Plan Goal Area A Resiliency. BOARD OF TRUSTEE MEETING 12/18/

47 Hazard Mitigation Planning (Countywide Plan) MS4 Permit Management Local Waterfront Revitalization Program (LWRP) Green Infrastructure Design Manual to execute proper procedures concurrent with local, state, and federal objectives. Westchester County preparation county-wide hazard mitigation planning, i.e. hurricanes, blizzards, flooding, etc. Completion ensures eligibility for emergency management funding. Municipal separate storm sewer system (MS4) permit required by Federal Government under the Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) program to prevent harmful pollutants from being washed or discharged into a waterbody. Update to adopted 1992 village waterfront policy and vision plan. Guidelines for Waterfront Commission project consistency review. Development of a green infrastructure design manual as part of the LISFF grant award. Tree Plantings Annual planting of trees around the Village. Village adopted the 2015 Westchester County Hazard Mitigation Plan on March 21, New York State and FEMA approved the County Hazard Plan on July 1, See discussion under Grants. Strategic Plan Goal Area A Resiliency. Annually. NYSDEC Audit completed June 2, 2016 for compliance review. Staff working with Dolph to implement the permit. Staff met with Dolph s office and Bowne Engineering on November 21, 2017 as part of an 18 municipality consortium, with the goal of renewing the Village s permit in March See discussion under Grants; Dept. of State Grant: Local Waterfront Redevelopment Plan (LWRP) Update. See discussion under Grants; Long Island Sound Futures Fund (LISFF). Staff working with DPW regarding plan of action for tree plantings around the Village. See discussion under Grants; Urban Forestry. VISIONING, BRANDING, AND ECONOMIC DEVELOPMENT STRATEGIES STRATEGIC PLAN GOAL AREA B SMART GROWTH, UNLESS NOTED OTHERWISE INITIATIVE SUMMARY STATUS 150 th Proposed formation of a See discussion under Grants; 150th Anniversary. Anniversary steering committee to complete specific beautification projects in anticipation of the Village s150 th anniversary in Possible projects include: Streetscape improvements Area branding Placemaking Charrette Historic preservation designation New/improved BOARD OF TRUSTEE MEETING 12/18/

48 Mobility and Parking Management Action Plan Economic Development Promotional Material Design Guidelines greenspace and/or bike and pedestrian amenities Area-wide programs or events With a busy and vibrant downtown that is growing, the Village is concerned about mobility within and out of the downtown area and whether it has adequate parking today and in the future. Staff is preparing an RFP that for a strategic, action-based Mobility & Parking Management Plan, with a focus on the downtown area. The results of this effort will inform planning, policy, investment, and economic development decisions. The key to the effort will be the identification discreet actionable items. Economic development promotional materials citing Comprehensive Plan, Strategic Plan, LWRP vision. Coordination with IDA Strategic Planning efforts. Preparation of downtown design guidelines. The final report has been published to both the IDA and Village websites. An internal working group has been created along with an external Implementation Sub-Committee on implementation. Implementation activities to date include: Installation of additional parking wayfinding signage in the downtown Purchase of 35 bicycle racks for 14 locations (through the PCIDA); Half of the new bike racks donated by the Port Chester IDA have been delivered and will be installed over the next few weeks. The rest will be delivered and are anticipated installed in early December. Pop-up park on Car Free/Park(ing) Day; staff is working on additional pop-up and tactical urbanism opportunities Plan for additional bicycle infrastructure (e.g., sharrows, bike lane) Plan for additional wayfinding Research on a potential trolley Research on valet parking Coordination with NYSDOT on potential meeting on signal coordination Approval of new meters on North Main Street Installation of new Luke II meters Consideration of new meters on Abendroth Place On-going. Staff continues to work with the Industrial Development Agency and provides project information where applicable. See discussion under Grants; New York Main Street-Technical Assistance Records Management ADMINISTRATION STRATEGIC PLAN GOAL AREA C RESOURCE MANAGEMENT INITIATIVE SUMMARY STATUS Maintains and records all planning, zoning files including escrow accounting for active applications On-going. Staff coordinating with the Building Department and Village Clerk on improvements. Board/Commission Management Staff, development; certification professional professional On-going. Staff serves the Planning Commission, Zoning Board of Appeals, Waterfront Commission, and Traffic Commission. BOARD OF TRUSTEE MEETING 12/18/

49 IDA Management Web Management Records and maintains all IDA files; liaise between Village and IDA. Maintains Planning, Zoning, IDA, LDC webpages. On-going. Staff has been working with the IDA counsel, Administrative Director, and Chairman on the Mobility and Parking Management Action Plan, implementation of that Plan s recommendations, a RFQ for Appraisal services, as well as general support. On-going. Staff has been working with Village Manager and Village Clerk on the new website for Village and IDA. Planning Commission, Zoning Board of Appeals, and IDA Applications (December 2017) The Department of Planning & Economic Development, in fulfillment of Strategic Plan Goal Area B Smart Growth, oversees activities for the Planning Commission and Zoning Board of Appeals (ZBA) and provides staff assistance to the Waterfront Commission, Industrial Development Agency (PCIDA), Transportation Commission, and Board of Trustees. Below are tables of both active and recently approved applications managed by the Department of Planning & Economic Development. Additional information is available through the Department s website: ( ACTIVE PLANNING COMMISSION APPLICATIONS Address Project Description Status of Project 25 So. Regent Street Site plan approval for multifamily residential on the site. Public meeting held in June 2017; referred to the Zoning Board of Appeals. Applicant received variances from Zoning Board of Appeals and returned to Planning Commission on September 25, Public hearing opened on October 30, 2017 and November 27, Public hearing 330 North Main Street Site plan approval for indoor skate park (existing building). ACTIVE ZONING BOARD OF APPEALS APPLICATIONS continued to January 3, Public held on October 30, Applicant anticipated to receive Findings of Fact on December 21, Public hearing opened on November 27, Public hearing continued to January 3, Address Project Description Status of Project 442 Westchester Avenue Application for Use Variance New public hearing scheduled for December 21, High Street Enlargement of nonconforming Public hearing opened on November use to provide 16, 2017 and continued to December therapy deck and request for 21, BOARD OF TRUSTEE MEETING 12/18/

50 Boston Post Road two additional wall signs on the property. Extension of variances Extension request. ACTIVE IDA APPLICATIONS Address Project Description Status of Project Application for an exemption from State and local sales and use taxes, mortgage recording tax exemption(s), and a PILOT agreement Boston Post Road and 999 High Street North Main Street G&S Retail D Application for an exemption from State and local sales and use taxes, mortgage recording tax exemption(s), and a PILOT agreement. Application for an exemption from State and local sales and use taxes, mortgage recording tax exemption(s), and a PILOT agreement. RECENTLY APPROVED PLANNING/ZONING/IDA APPLICATIONS PCIDA discussed application at June 2016 meeting. Status uncertain given potential sale of the property. PCIDA discussed application at the April, October, November, and December 2017 meetings. PCIDA discussed application at the September, October, and November 2017 meetings. Address Project Description Date Approved 70 Grove Street Site plan approval for legally non-conforming 4/25/2016 auto body, office uses Willett Avenue Site plan approval for existing restaurant. 5/23/ Westchester Wireless special exception permit renewal. 5/23/2016 Avenue Terrace Wireless special exception permit renewal. 5/23/2016 Avenue 999 High Street Wireless special exception permit renewal. 5/23/ Grace Church Wireless special exception permit renewal. 5/23/2016 Street 219 Westchester Wireless special exception permit renewal. 5/23/2016 Avenue 82 Fox Island Road Wireless facility upgrades on DPW smokestack. 6/27/ High Street Rooftop wireless facility upgrades. 7/25/ Pearl Street New warehouse storage site for refrigerated 8/29/2016 trucks, includes office. 169 Terrace Avenue Wireless facility upgrades. 8/29/ Abendroth Site plan conditions amendments 9/26/2016 Avenue 531 North Main Street New retail use. 9/26/2016 BOARD OF TRUSTEE MEETING 12/18/

51 601 North Main New retail use. 9/26/2016 Street 83 Inwood Avenue Use variance. 10/20/ Westchester Avenue Convert existing building to first floor office with two residential units, addition of on-site parking. 10/24/ Glendale Place Area variance. 11/28/ Grace Church Area variance. 11/28/2016 Street 28 Ridge Boulevard Area variance. 12/27/ Hawley Avenue Area variance. 12/27/ Shore Drive Area variances. 1/19/ Tower Hill Drive Area variance. 1/19/ Halstead Avenue Area variance. 1/19/ Hobart Avenue Area variance. 1/19/ Main Street Renovation of existing building and reconstruction of adjacent building for use as restaurant and multi-family residential. 1/30/ North Main Site plan approval for additional second floor 2/27/2017 Street business. 528 Willett Avenue Site plan approval for site improvements and 2/27/2017 convenience store. 25 Martin Place Zoning interpretation and use variance. 3/16/ So. Main Construction of new AutoZone retail center. 3/27/2017 Street 96 Robert Avenue Area variance. 4/20/ Martin Place Use variance. 4/20/ Adams Avenue Legalization of pergola and deck. 5/18/ Midland Avenue Construction of new restaurant. 5/30/ Quintard Drive Area variance. 6/15/ Boston Post New retail and office building of approximately 20,000 sq. ft. 6/27/2016; extended 6/26/ Poningo Street Off-street loading variance. 7/20/ South Regent Street Side yard setback variance, off-street parking variance, minimum usable open space per dwelling unit variance. 7/20/ South Main Off-street parking and off-street loading 7/20/2017 Street variance. 194 South Main Sign Variance 7/20/2017 Street 19 Orchard Street Front Yard Setback Variance 7/20/ Westchester Variance for freestanding sign in front yard. 10/19/2017 Avenue 139 So. Main Street Site plan approval for a restaurant 10/30/ Poningo Street Conversion of fitness club to a restaurant. 11/27/2017 BOARD OF TRUSTEE MEETING 12/18/

52 DISCUSSIONS Master Developer Process. Director of Planning Eric Zamft commented on the utilization of a Master Developer. The excitement of this has captured local and national media. He then provided the Board with an update on the process. BOARD OF TRUSTEE MEETING 12/18/

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56 Fallowing the presentation Board requested that a Work Shop be scheduled at the end of January 2018 to discuss further. Property Conditions Study RFP. The Board discussed the recommendations from the Planning Department and Village Manager on issuing an RFP to provide Village-Wide Property Inventory and Property Conditions Assessment. RESOLUTIONS RESOLUTION #1 ACKNOWLEDGING THE VILLAGE OF PORT CHESTER S ACCEPTANCE OF RESPONSIBILITY FOR NELLA WAY On motion of TRUSTEE MARINO, seconded by TRUSTEE DIDDEN, the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, Nella Way consists of approximately 44,003 square feet (1.01 acres) of right-of-way, consisting of two travel lanes, and being approximately 55 feet in width and 0.16-miles long; and WHEREAS, Nella Way is legally described as follows: Beginning at a point, being the intersection of the southerly side of Fox Island Road with the southeasterly line BOARD OF TRUSTEE MEETING 12/18/

57 of lot 7 per a certain map entitled, Subdivision Map of Lots of Samuel Glock, as filed in the Westchester County Clerk s Office, Division of Land Records in Volume 14 of Maps, at Page 43. Thence from said point of beginning, along the southerly side of Fox Island Road, South 59º22 55 East, feet to a point of intersection with the northwesterly line of lands of a certain map entitled, The New York State Thruway-New England Section, parcel 1693 as filed in the Westchester County clerk s Office, Division of Land records; thence along said northwesterly line of lands of The New York State Thruway New England Section, Parcel 1693, South 30º37 05 West, feet to a point of intersection with the northerly line of lands of a certain map entitled, The New York State Thruway-New England Section, Parcel 1517 as filed in the Westchester County Clerk s Office, Division of Land records as Map 11832; thence along said northerly line of lands of The New York State Thruway New England Section, Parcel 1517, South 62º30 29 West, feet to a point of intersection with the northwesterly line of lands of a certain map entitled, The New York State Thruway-New England Section, Parcel 1698 as filed in the Westchester County Clerk s Office, Division of Land Records as Map 10743; thence along said northwesterly line of lands of The New York State Thruway New England Section, Parcel 1698 and continuing along the northwesterly and northerly lines of land of a certain map entitled, The New York State Thruway New England Section, Parcel 1692 as filed in the Westchester County Clerk s Office, Division of Land Records as Map the following courses and distances, South 39º52 05 a certain map entitled, The New York State Thruway New England Section, Parcel 1688, as filed in the Westchester County Clerk s Office, Division of Land Records as Map 10736; thence along the northwesterly and northerly lines of said New York State Thruway New England Section, parcel 1688, South 47º06 15 West, feet; and North 69º05 30 West, feet to the lands of now or formerly Village of Port Chester, as conveyed by Joseph P. Saline per deed dated, April 30, 1956 and duly recorded in the Westchester County Clerk s Office, Division of Land Records in Liber 5578, Page 276 of Deeds; thence along the lands of now or formerly Village of Port Chester, North 69º00 50 West, feet to a point of intersection with the easterly line of lot 13 per a certain map entitled, Lots on Grace Church Street William Ryan as filed in the Westchester County Clerk s Office, Division of Land Records in Volume 8 of Maps, at Page 29; thence along said easterly line of lot 13, North 27º36 40 East, 0.96 feet; thence through the lands of Fox Commons, LLC the following courses and distances, North 47º06 15 East, feet to a point of curvature; thence on a curve to the left, radius of feet, central angle of 21º03 46 and length of feet to a point of tangency; thence North 26º02 29 East, 5.24 feet to a point of curvature; thence on a curve to the right, radius of feet, central angle of 03º35 10 and length of feet to a point of reverse curvature; thence on a curve to the left, radius of feet, central angle of 67º05 39 and length of feet to a point of tangency; thence North 37º28 00 West, 0.21 feet to a point of intersection with the aforesaid southeasterly line of Lot 7 per map entitled, Subdivision Map of Lots of Samuel Glock ; thence along said southeasterly line of lot 7, North 39º52 05 East, feet to a point of intersection with the southerly side of Fox Island road and point and place of beginning. Said lands containing an area of 44,003 square feet more or less ; and WHEREAS, a survey of Nella Way is attached herewith as Exhibit A Survey of Nella Way, prepared by Link Land Surveyors P.C.; and BOARD OF TRUSTEE MEETING 12/18/

58 WHEREAS, on April 18, 2016, the Village of Port Chester, in accordance with an Inter-Municipal Agreement between Westchester County and the Village of Port Chester, accepted Nella Way as a public street; and WHEREAS, in so doing, the Village accepted the responsibility for maintenance and repair of the roadway; and WHEREAS, in so doing, the Village accepted the legal responsibility for the roadway. NOW, THEREFORE, be it RESOLVED, that the Board of Trustees formally acknowledges its acceptance of responsibility for Nella Way. Approved as to Form: Village Attorney, Anthony Cerreto ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: None. ABSENT: None. DATE: December 18, 2017 RESOLUTION #2 FREE PARKING FOR THE HOLIDAY SEASON On motion of TRUSTEE DIDDEN, seconded by TRUSTEE MARINO, the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, at the request of the Port Chester-Rye Brook Chamber of Commerce, the Board adopted free parking up to a maximum of two hours on certain designated streets in the downtown for the Holiday Season from December 19 to December 28, 2017; and WHEREAS, last year the Board additionally authorized free parking in the Shoppers Parking Lot. Marvin Place and Lower King Street; and WHEREAS, it stands to reason to extend free parking in the same manner this year; and WHEREAS, with the appropriate signage in place, formal process dictates Board action BOARD OF TRUSTEE MEETING 12/18/

59 to confirm. Now, therefore, be it RESOLVED, that the resolution of the Board of Trustees adopted on November 20, 2017 be amended so as to include Holiday Parking at the Shoppers parking Lot and Lower King Street. Approved as to Form: Anthony M. Cerreto, Village Attorney ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: None. ABSENT: None. DATE: December 18, 2017 RESOLUTION #3 EXTRACTS FROM MINUTES OF MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF PORT CHESTER, NEW YORK ($45,000 Additional Costs Sewer System Improvements) A regular meeting of the Board of Trustees of the Village of Port Chester (the Village ), located in the County of Westchester, State of New York, was held at the 350 Village Justice Courtroom, 350 North Main Street, in the Village of Port Chester, New York, on December 18, 2017 at 07:00 o clock, P.M. (Prevailing Time), at which meeting a quorum was at all times present and acting. There were: PRESENT: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. ABSENT: None ALSO PRESENT: Village Clerk, Janusz R. Richards Village Manager, Christopher Steers Village Treasurer, Leonie Douglas BOARD OF TRUSTEE MEETING 12/18/

60 Director of Planning & Development, Eric Zamft Planner, Daniel Messplay Village Corporation Counsel, Anthony Provenzano Village Attorney, Anthony Cerreto Chief of Police, Richard Conway Assistant Planner Adam Pisarkiewicz Human Resource Officer, Ed Brancati Recreation Supervisor, Heather Krakowski Labor Attorney, Terry O'Neil (Arrived at 8:00 p.m.) Attorney John Ho (Arrived at 8:00 p.m.) * * * * * Trustee DIDDEN submitted the following bond resolution and moved for its adoption. The motion was seconded by Trustee MARINO. The Board of Trustees of the Village was polled. The motion was adopted by a vote of seven affirmative votes (being at least two-thirds of the voting strength of the Board of Trustees of the Village) with none negative votes and no votes absent. BOND RESOLUTION, DATED DECEMBER 18, 2017, AUTHORIZING THE ISSUANCE OF UP TO $45,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PORT CHESTER, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION OF, OR ADDITION TO A SEWER SYSTEM WHEREAS, the Board of Trustees of the Village of Port Chester (the Village ), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction, reconstruction of, or addition to a sewer system, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $1,875,345 (the Project ), all in accordance with the Local Finance Law; and BOARD OF TRUSTEE MEETING 12/18/

61 WHEREAS, on June 5, 2017, the Board of Trustees of the Village adopted a serial bond resolution for estimated costs associated with the financing of the Project in the aggregate principal amount of $1,875,345 (the Prior Resolution ); and WHEREAS, the Board of Trustees of the Village now hereby determines that the maximum cost of the Project has increased by $45,000 to $1,920,345, and further determines to fund such additional cost through borrowing under the provisions of the Local Finance Law and authorizing $45,000 serial bonds of the Village hereunder which, together with borrowing authorized by the Prior Resolution, now authorizes financing of the estimated maximum cost of the Project in the aggregate principal amount of $1,920,345. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Port Chester, in the County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $45,000, pursuant to the Local Finance Law, in order to finance the costs of the Project. Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is not to exceed $1,920,345, (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project, except borrowing authorized in the Prior Resolution, (c) the Board of Trustees of the Village plans to finance such cost of the Project from (i) the proceeds of serial bonds authorized herein or bond anticipation notes issued in anticipation of the issuance of such serial bonds and (ii) proceeds of serial bonds or bond anticipation notes issued in anticipation of the issuance of such serial bonds authorized in and pursuant to the Prior Resolution, (d) the maturity of the obligations authorized herein will be in excess of five (5) years, and (e) on or before the expenditure of moneys to pay any costs for the Project, for BOARD OF TRUSTEE MEETING 12/18/

62 which proceeds of any obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took official action for federal income tax purposes to authorize capital financing of such expenditure. Section 3. It is hereby determined that additional costs of the Project, at an estimated maximum cost of $45,000 for which $45,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein, such objects or purpose, or class of objects or purpose, having a period of probable usefulness of thirty (30) years pursuant to subdivision 4 of paragraph a of Section of the Local Finance Law and such serial bonds shall have a maximum maturity not to exceed thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, and to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to sell, issue and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such BOARD OF TRUSTEE MEETING 12/18/

63 serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section of the Local Finance Law in Westmore News and The Journal News, newspapers having a general circulation in the Village. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should have been complied with as of the date of the publication of this bond resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the environmental compliance proceedings ). In the event that any of the environmental compliance proceedings are not completed, or require BOARD OF TRUSTEE MEETING 12/18/

64 amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby and has been determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, as authorized herein, to finance the additional costs of the Project. The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the Code ) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of serial bonds issued under this bond resolution or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse the additional expenditures or BOARD OF TRUSTEE MEETING 12/18/

65 commitments of the Village made in connection with the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds and bond anticipation notes issued in anticipation of the issuance of such serial bonds, as authorized herein, the Village agrees, in accordance with and as an obligated person with respect to the obligations under, Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the Rule ), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the Commitment ) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment, shall be the Village s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. BOARD OF TRUSTEE MEETING 12/18/

66 The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. RESOLUTION #4 AUTHORIZING THE MAYOR TO REQUEST ASSISTANCE IN SECURING FROM NEW YORK STATE AN ASSESSMENT OF TRAFFIC CONDITIONS ON KING STREET (ROUTE 120A) On motion of TRUSTEE DIDDEN, seconded by TRUSTEE MARINO, the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, King Street (New York State Route 120A) is a vital north-south corridor serving the Villages of Port Chester and Rye Brook, the Town of New Castle, and that provides access to Westchester County Airport; and WHEREAS, traffic volumes on King Street have significantly increased in recent years, particularly from the interchange of the Hutchinson River Parkway/Merritt Parkway to North Regent Street/Putnam Avenue; and BOARD OF TRUSTEE MEETING 12/18/

67 WHEREAS, due to the increased traffic volumes and roadway geometry, there is general concern regarding the safety of the intersection of King Street with Quintard Drive/Indian Road; and WHEREAS, data provided by the Port Chester Police Department indicate that eight motor vehicle accidents have occurred at the intersection of King Street and Quintard Drive/Indian Road in the past four years alone; and WHEREAS, the Village Board of Trustees desires that the State address traffic safety on the King Street corridor given that it is a state highway. Now, therefore, be it RESOLVED, that the Board of Trustees authorizes the Mayor to request assistance from State Assemblyman Steve Otis in contacting the New York Department of Transportation for an assessment of traffic conditions on King Street, particularly including all intersecting streets from Putnam Avenue/North Regent Street to the Hutchinson River Parkway/Merritt Parkway interchange. Approved as to Form: Anthony M. Cerreto, Village Attorney ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: None. ABSENT: None. DATE: December 18, 2017 CORRESPONDENCES From Howie Ravikoff regarding New Development. The Board referred the correspondence to staff without objection. PUBLIC COMMENTS AND BOARD COMMENTS Mayor Falanka asked if there was anyone from the audience who would like to make any additional public comments. The public and the Board of Trustees had an opportunity to make public comments at the end of the meeting. MOTION TO ADD-ON AN EXECUTIVE SESSION BOARD OF TRUSTEE MEETING 12/18/

68 TRUSTEE DIDDEN, asked for a motion to consider an add-on Executive Session in regards to an update on Fire Contract with Village of Rye Brook. There being no objection on motion of TRUSTEE DIDDEN, seconded by TRUSTEE MARINO, the following motion was adopted by the Board of Trustees of the Village of Port Chester, New York receiving a unanimous vote of those present. ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: None. ABSENT: None. DATE: December 18, 2017 MOTION FOR EXECUTIVE SESSION At 10:11 p.m., on motion of TRUSTEE DIDDEN, seconded by TRUSTEE CECCARELLI, the Board adjourned into an executive session for the following purpose: Update on Fire Contract with Village of Rye Brook Consultation with Village Attorney and Labor Counsel regarding various matters related to pending litigation. ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: None. ABSENT: None. DATE: December 18, 2017 ALSO, PRESENT: Village Clerk, Janusz R. Richards Village Manager, Christopher Steers Village Corporation Counsel, Anthony Provenzano Village Attorney, Anthony Cerreto Human Resource Officer, Ed Brancati Recreation Supervisor, Heather Krakowski Labor Attorney, Terry O'Neil (Arrived at 8:00 p.m.) Attorney, Jacqueline A. Smith (Arrived at 8:00 p.m.) BOARD OF TRUSTEE MEETING 12/18/

69 Attorney John Ho (Arrived at 8:00 p.m.) No action was taken in executive session. At 10:55 p.m., a motion to come out of executive session was made by TRUSTEE DIDDEN, seconded by TRUSTEE MARINO, the Board of Trustees closed the executive session. ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: None. ABSENT: None. DATE: December 18, 2017 Mayor Falanka asked for a motion to adjourn the meeting. On a motion of TRUSTEE DIDDEN, seconded by TRUSTEE MARINO, the meeting was adjourned at 10:54 p.m. ROLL CALL AYES: Trustees Didden, Brakewood, Ferrara, Adams, Ceccarelli, Marino and Mayor Falanka. NOES: None. RECUSE: None. ABSENT: None. DATE: December 18, 2017 Respectfully submitted, Janusz R. Richards Village Clerk BOARD OF TRUSTEE MEETING 12/18/

70 PUBLIC COMMENTS

71 CONSENT AGENDA ITEMS - RESOLUTIONS

72 RESOLUTION RES On motion of TRUSTEE, seconded by TRUSTEE, the following resolution as adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that PAUL GERARDI, residing in Port Chester, New York, be and hereby is appointed as a member of the Port Chester BOARD OF TAXI COMMISSIONERS, and to fill the office held by Toni Ganim, effective immediately, with said term to expire 7/16/2019. Approved as to Form: Anthony M. Cerreto, Village Attorney

73 RESOLUTION RES On motion of TRUSTEE, seconded by TRUSTEE, the following resolution as adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that PASQUALE LAGANA, residing in, Port Chester, New York, be and hereby is appointed as a member of the Port Chester BOARD OF TAXI COMMISSIONERS, and to fill the office held by Charles Rosabella, Jr., effective immediately, with said term to expire 7/16/2019. Approved as to Form: Anthony M. Cerreto, Village Attorney

74 RESOLUTION RES On motion of TRUSTEE, seconded by TRUSTEE, the following resolution as adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that JOHN W. REAVIS, JR., residing in Port Chester, New York, be and hereby is appointed as a member of the Port Chester BOARD OF TAXI COMMISSIONERS, and to fill office held by Scott Sprague, effective immediately, with said term to expire 7/16/2018. Approved as to Form: Anthony M. Cerreto, Village Attorney

75 RESOLUTION RES On motion of TRUSTEE, seconded by TRUSTEE, the following resolution as adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that BRADSHAW-SOTO, residing in Port Chester, New York, be and hereby is appointed as a member of the Port Chester BOARD OF TAXI COMMISSIONERS, and to fill the office held by Ernest Tigani, effective immediately, with said term to expire 7/16/2019. Approved as to Form: Anthony M. Cerreto, Village Attorney

76 RESOLUTION RES On motion of TRUSTEE, seconded by TRUSTEE, the following resolution as adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that TOM CERUZZI, residing in Port Chester, New York, be and hereby is appointed as a member of the Port Chester BOARD OF TAXI COMMISSIONERS, and to fill the office held by Charles Worman, effective immediately, with said term to expire 7/16/2020. Approved as to Form: Anthony M. Cerreto, Village Attorney

77 RESOLUTION RES APPOINTMENT OF MEMBER TO PLANNING COMMISSION On motion of TRUSTEE, seconded by TRUSTEE `, the following resolution as adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that STEVE WALLACH, residing in Port Chester, New York be and hereby is appointed as a member of the Port Chester PLANNING COMMISSION, and to fill the office held by TIM MURPHY, effective immediately with said term expiring on 01/09/2019. Approved as to Form: Village Attorney, Anthony Cerreto

78 RESOLUTION RES RE-APPOINTMENT OF MEMBER TO PLANNING COMMISSION On motion of TRUSTEE, seconded by TRUSTEE, the following resolution as adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that GERARDO ESPINOZA, residing in Port Chester, New York be and hereby is re-appointed as a member of the Port Chester PLANNING COMMISSION, effective immediately with said term to expire 04/12/20. Approved as to Form: Village Attorney, Anthony M. Cerreto

79 RESOLUTION RES RE-APPOINTMENT OF MEMBER TO PLANNING COMMISSION On motion of TRUSTEE, seconded by TRUSTEE, the following resolution as adopted by the Board of Trustees of the Village of Port Chester, New York: RESOLVED, that CHRIS SUMMA, residing in Port Chester, New York be and hereby is re-appointed as a member of the Port Chester PLANNING COMMISSION, effective immediately with said term to expire 04/12/20. Approved as to Form: Village Attorney, Anthony M. Cerreto

80 VILLAGE OF PORT CHESTER 222 Grace Church Street, Port Chester, New York Department: Police Department BOT Meeting Date: 1/2/2018 AGENDA MEMO Item Type: Resolution Sponsor s Name: Richard F. Conway, Chief Police Description Yes No Description Yes No Fiscal Impact x Public Hearing Required x Funding Source: BID # Account #: Strategic Plan Priority Area Yes No Public Safety Agreement x Manager Priorities Strategic Plan Related x Other Agenda Heading Title (Will appear on the Agenda as indicated below) Enter into a Retroactive IMA with the County of Westchester for Reimbursement of Manpower Costs Expended in Enforcing Driving While Intoxicated Laws Summary Background: This IMA would allow Westchester County to reimburse the Village for manpower costs up to $10,000. expended from October 1, 2017 through September 31, 2018 during enforcement of DWI Laws Proposed Action That the Board of Trustees adopt the Resolution AM-V Attachments

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82 RESOLUTION RES AUTHORIZING AN INTERMUNICIPAL AGREEMENT WITH THE COUNTY OF WESTCHESTER WITH REGARD TO PARTICIPATION IN THE STOP DWI ENFORCEMENT CRACKDOWN PROGRAM On motion of TRUSTEE, seconded by TRUSTEE, the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, the Westchester County STOP DWI Enforcement Crackdown Program ( Program ) is an overtime, added patrol effort with participating municipal police departments to enforce the New York State Vehicle and Traffic Laws against intoxicated and impaired driving; and WHEREAS, there are eight Enforcement Crackdown details scheduled throughout the year of : Halloween: October 27-November 1, 2017 Thanksgiving: November 22-26, 2017 Holiday Season: December 15, 2017-January 1, 2018 Super Bowl: February 2-5, 2018 St. Patrick s Day: March 16-18, 2018 Memorial Day: May 25-29, 2018 July 4 th : July 4-8, 2018 Labor Day: August 17-September 3, 2018 WHEREAS, upon submission of documentation, the County reimburses the participating department for overtime expense not to exceed a prescribed amount; and WHEREAS, the County has forwarded a proposed Intermunicipal Agreement (IMA) to the Village of Port Chester that would enable the Port Chester Police Department to participate in the Program for the period October 1, 2017 through September 30, 2018, with reimbursement not to exceed $10,000; and WHEREAS, the Chief of Police supports the Police Department s participation in the program. Now, therefore, be it RESOLVED, that the Village Manager be and is hereby authorized to enter into an IMA with the County of Westchester to continue the Port Chester Police Department s participation in the Stop DWI Enforcement Crackdown Program for Approved as to Form: Anthony M. Cerreto, Village Attorney

83 THIS AGREEMENT made this day of, 2017 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 (hereinafter referred to as the County ) Acting by and through its Department of Public Safety Services (hereinafter referred to as the Department ) And a municipal corporation of the State of New York having an office and place of business at, New York acting by and through the Police Department, (hereinafter referred to as the Municipality ). 1. The Municipality shall run special enforcement details to conduct high visibility road checks, saturation patrols, and drug recognition expert call outs, as more particularly described in Schedule A, attached hereto and made a part hereof (hereinafter the Work ). 2. In consideration for services rendered, the County shall pay the Municipality an amount not to exceed TEN THOUSAND ($10,000.00) DOLLARS, payable at the actual authorized pay rates of the participating officers based upon the number of hours worked, to be paid upon completion of the Work as provided in Schedule A, which is attached to and forms a part of this Agreement, and as set forth herein. 3. The parties recognize and acknowledge that the obligations of the County under this Agreement are subject to the County s actual receipt of funds from the New York State STOP-DWI Foundation. If, for any reason, the full amount of said funds is not paid over or made available to the County by the New York State STOP-DWI Foundation, 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. In addition, the parties recognize and acknowledge that the obligations of the County under this Agreement are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of the monies appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The parties understand and intend that the obligation of the County hereunder shall

84 constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County Budget by its Board of Legislators during the term of this Agreement or any amendments thereto, and for a reasonable period of time after such adoption(s), to conduct an analysis of the impacts of any such County 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 set forth 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. 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 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. 3. All records or recorded data of any kind compiled by the Municipality in completing the Work described in this Agreement, including but not limited to written reports, studies, computer printouts, graphs, charts, and all other similar recorded data, shall become and remain the property of the County. The Municipality may retain copies of such records for its own use and shall not disclose any such information without the express written consent of the Stop-DWI Director or his designee ( Director ). The County shall have the right to reproduce and publish such records, if it so desires, at no additional cost to the County. 4. The Work to be performed pursuant to the terms of this Agreement shall commence October 1, 2017 and continue through September 30, The Municipality shall issue progress reports to the County as the Director may direct and shall immediately inform the Director in writing of any cause for delay in the performance of its obligations under this Agreement. 5. The Municipality agrees and shall be subject to the insurance requirements contained in Schedule B, which schedule is attached to and forms a part of this Agreement. In addition to and not in limitation of the insurance provisions contained in Schedule B, the Municipality agrees:

85 (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligent or intentional acts, errors and omissions or willful misconduct of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees, and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising out of the negligent or intentional acts, errors and omissions or willful misconduct of 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 arising out of the negligent or intentional acts, errors and omissions or willful misconduct of the Municipality or third parties under the direction and control of the Municipality and to bear all other costs and expenses related thereto. 6. The Municipality shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations, including, but not limited to, those applicable to the Municipality as an employer of labor or otherwise. 7. Requests for payment to be made shall be submitted by the Municipality on properly executed payment vouchers of the County in accordance with Schedule A and paid only after approval by the Director. All payment vouchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. In no event shall payment be made to the Municipality prior to completion of all Work and the approval of same by the Director. The Municipality shall, at no additional charge, furnish all labor, services, materials, tools, equipment and other appliances necessary to complete the Work, unless specific additional charges are expressly permitted under this Agreement. It is recognized and understood that even if specific additional charges are expressly permitted under this Agreement, in no event shall total payment to the Municipality exceed the not-to-exceed amount set forth in Section 1 above. 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. Municipalities doing business with Westchester County, who are not already enrolled in the Vendor Direct Program, will be required to fill out and submit an EFT Authorization Form prior to receiving an award or purchase order. The EFT Authorization Form and related information are annexed hereto as Schedule C. The completed Authorization Form must be returned by the Municipality to the Westchester County Department of Finance ( Finance Department ) prior to execution of the contract. In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, please contact the Finance Department. 8. (a) The County, upon ten (10) days notice to the Municipality, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Municipality shall be compensated and the County shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "A." Upon receipt of notice that the County is terminating this

86 Agreement in its best interests, the Municipality shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Director, and the Municipality shall direct any approved subconsultants to do the same. In the event of a dispute as to the value of the Work rendered by the Municipality prior to the date of termination, it is understood and agreed that the Director shall determine the value of such Work rendered by the Municipality. The Municipality shall accept such reasonable and good faith determination 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 fortyeight (48) hours 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 Work provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality of duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. 9. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by registered or certified mail, postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: To the County: Commissioner - Sheriff of Public Safety Saw Mill River Parkway Hawthorne, New York With a copy to: Director, Drug Abuse Prevention & STOP-DWI 112 E. Post Road, 3 rd Floor White Plains, New York with a copy to: County Attorney Michaelian Office Building, Room Martine Avenue White Plains, New York 10601

87 To the Municipality: 10. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments 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. 11. 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. 12. Nothing contained herein shall be construed to make either party the agent, employee or co-venturer of the other and the parties hereto expressly disclaim the existence of any such relationship between them. 13. The failure of the County to insist upon strict performance of any term, condition or covenant herein, shall not be considered a waiver of such breach or default or any subsequent breach or default of the terms, conditions and covenants herein. The remedies contained herein are cumulative and shall not limit or restrict any other remedy at law or in equity to which the County may be entitled. 14. Except as provided herein, the Municipality shall not assign, sublet, subcontract or otherwise dispose of this Agreement, or any right, duty or interest herein, without the prior express written approval of the County. Any purported delegation of duties, assignment of rights under this Agreement without the prior express written consent of the County is void. No assignment, subcontracting, subletting or other such disposition of this Agreement, either with or without such consent of the County, shall serve to relieve the Municipality of its obligations under this Agreement. 15. This Agreement shall be construed and enforced in accordance with the Laws of the State of New York. 16. This Agreement shall not be enforceable until signed by all parties and approved by the Office of the County Attorney.

88 IN WITNESS WHEREOF, the County of Westchester and the Municipality have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER BY: GEORGE N. LONGWORTH Commissioner Sheriff of Public Safety MUNICIPALITY BY: Name: Title: Approved by the Westchester County Board of Acquisition and Contract on the 26th day of October, Approved as to form and manner of execution Assistant County Attorney County of Westchester

89 ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) On the day of in the year 2017 before me, the undersigned, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Date: Notary Public RPL 309-a; NY CPLR 4538

90 CERTIFICATE OF AUTHORITY (MUNICIPAL CORPORATION) I,, (Officer other than officer signing contract) certify that I am the of (Title) the (Name of Municipal Corporation) a corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Business Corporation Law) named in the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the (Name of Municipal Corporation) was, at the time of execution (Title of such person) of the Corporation and that said agreement was duly signed for and on behalf of said Municipal Corporation by authority of its governing board, thereunto duly authorized and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 2017 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at, and he/she is an officer of said corporation; that he/she is duly authorized to execute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority. Notary Public Date

91 SCHEDULE A Enforcement Crackdowns October 1, 2017-September 30, 2018 The STOP-DWI Enforcement Crackdown Program is an overtime, added, patrol effort to enforce the New York State Vehicle and Traffic Laws against intoxicated and impaired driving (DWI/DWAI) in Westchester County. Each participating municipality, through its police department, must submit the required documentation to claim reimbursement from the New York State STOP-DWI Foundation. Several years ago the New York State STOP-DWI Association, Inc. launched the STOP-DWI Crackdown Weekends. Law enforcement agencies throughout the state join forces with overtime patrols funded by local STOP-DWI programs as well as a "crackdown" GTSC grant funded through the STOP-DWI Foundation. All details must be scheduled and approved prior to conducting said operation. The Crackdown details are cooperative and must include multi-agency efforts (these details also include the New York State Troopers Association). In addition, these crackdowns will include call- outs for the utilization of Drug Recognition Experts (DRE s) to evaluate/assess subjects arrested for Driving While Ability Impaired by Drugs or Driving While Ability Impaired by Drugs and Alcohol. There are 8 Enforcement Crackdown details scheduled throughout the year (see below). HALLOWEEN: October 27 November 1, 2017 THANKSGIVING: November 22 26, 2017 HOLIDAY SEASON (NATIONAL): December 15, January 1, 2018 SUPER BOWL: February 2 5, 2018 ST. PATRICK S DAY: March 16 18, 2018 MEMORIAL DAY: May 25 29, 2018 JULY 4TH: July 4-8, 2018 LABOR DAY (NATIONAL): August 17 - September 3, 2018 The participants in the details will be reimbursed according to number of hours worked and the actual authorized pay rates of the participating officers. Reimbursement is for enforcement during the dates of the impaired driving mobilizations and cannot be transferred for any other purpose. Fringe will not be reimbursed. Reimbursement forms as well as detail activity sheets will be provided to the enforcement agency by the STOP-DWI Coordinator and at the completion of the checkpoint/saturation patrols, are to be completed, signed by a supervisor and submitted to the STOP-DWI office at 112 E. Post Road, 3 rd Floor, and White Plains, New York 10601

92 Drug Recognition Experts Drug Recognition Experts (DRE s) are used to evaluate/assess (substantiate) charges of drug influence in subjects arrested for Driving While Ability Impaired by Drugs or Driving While Ability Impaired by Drugs and Alcohol. Each law enforcement agency participating in the STOP-DWI Program s DRE Reimbursement Initiative must adopt the following procedure for their processing of subjects suspected of driving impaired by drugs, or drugs and alcohol. DRE Call Out Procedure: 1. The New York State Foundation will reimburse the actual hourly rate and hours that the officer was called out up to a maximum of 4 hours per call out. Use the PS-1 sheet signed by the DRE s supervisor. (Form provided by the STOP-DWI Coordinator) 2. Before a DRE can be called out, the following must occur. o The arresting officer must have completed his entire SFST field test and see signs of impairment. o The officer must administer a breathalyzer test to determine the subject s BAC. o If the subject has a BAC of.16 or higher there is no reason to call a DRE. If the subject refuses the test and you think drugs may be involved you should consult with a DRE. o The only exception to this would be for serious injuries or fatal crash. To receive reimbursement for a call out the following must be provided: 1. Submit a copy of the breathalyzer ticket or refusal form. 2. Copy of the DRE Face Sheet and the narrative. 3. Copy of the lab submission form.

93 SCHEDULE B STANDARD INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, 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 County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. 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 and adjusted with the County. 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 any operations under the Agreement, 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 County of Westchester. 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 "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C (9/07) 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 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." 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: (click on Employers/Businesses, then Business Permits/Licenses/Contracts to see instruction manual).

94 If the employer is self-insured for Worker's 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) Employer's Liability with minimum limit of $100, (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000, for bodily injury and $100, for property damage or a combined single limit of $1,000, (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall indicate the following coverages: (i) (ii) Premises - Operations. Broad Form Contractual. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000, per occurrence for bodily injury and a minimum limit of $100, per occurrence for property damage or a combined single limit of $1,000, unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) (ii) (iii) Owned automobiles. Hired automobiles. Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (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 of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (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 polices shall be assumed by and be for the account of, and at the sole risk of, the Municipality.

95 SCHEDULE C Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER (EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure Paper checks can be lost in the mail or stolen, but money deposited directly into your bank account is more secure. You save time Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank. Additionally, the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? Under the Vendor Direct program you will receive an notification two days prior to the day the payment will be credited to your designated account. The notification will come in the form of a remittance advice with the same information that currently appears on your check stub, and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE ? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at and we will you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM, WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments.

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98 VILLAGE OF PORT CHESTER 222 Grace Church Street, Port Chester, New York Department: Office of the Village Clerk BOT Meeting Date: 1/2/2018 AGENDA MEMO Item Type: Resolution Sponsor s Name: Richard F. Conway, Chief of Police Description Yes No Description Yes No Fiscal Impact x Public Hearing Required Funding Source DEA FUND Account #: OGS Group 35200, PC66331 Strategic Plan Priority Area Yes No N/A Agreement x Manager Priorities Strategic Plan Related X Risk Management Agenda Heading Title (Will appear on the Agenda as indicated below) Transfer of $ from the DEA fund to the equipment fund for the purchase of simunitions training equipment Summary Background: The Department is seeking to purchase the simunitions training equipment including eight simulations handguns, and protective gear for 10 members of the service. Simunitions training gear is viewed as a much more realistic training option as the weapons fire a plastic projectile Proposed Action That the Board of Trustees adopt the Resolution Attachments AM-V

99 RESOLUTION RES BUDGET AMENDMENT USE OF THE DEA ASSET FORFEITURE FUNDS TO PURCHASE SIMUNITIONS TRAINING EQUIPMENT FOR 10 MEMBERS OF THE POLICE DEPARTMENT 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 Police Chief is recommending the purchase of 8 simulations handguns, and 10 protective gear for members of the Police Department for $5, from Amchar Wholesale Inc., 100 Air Park Drive, Rochester, NY 14624, NYS contract PC Now therefore be it RESOLVED, that the Board of Trustees of the Village of Port Chester, New York hereby authorizes the Village Treasurer to modify the FY General Fund Budget as follows: GENERAL FUND Balance Sheet: Deferred Revenue Police DEA $(5,975.28) Revenues: Use of Deferred DEA Revenue $5, Appropriations: Service Equipment $5, APPROVED AS TO FORM: Anthony M. Cerreto, Village Attorney

100 Quotation 100 Air Park Dr DATE: 9/15/2017 Rochester, NY Phone: (585) Fax: (585) Quotation For: Port Chester Police Dept Quote is Valid For 30 Days Attention Mark Braccio 350 N Main St # 1 NYS OGS Contract Group 35200, PC Port Chester, NY Glock only Phone Phone: (914) Prepared by Ted Pinelli Mobile - (585) ted.pinelli@amchar.com SALES PERSON CUSTOMER ID SHIP DATE SHIP VIA FOB POINT TERMS Ted Pinelli TBD FedEx Net 30 QUNATITY DESCRIPTION UNIT PRICE DISCOUNT AMOUNT 8 GLOGLAWUG15502 Glock 17-T Gen 4 FS Glock 17-T US Gen 4 Training HGA 9mm 4.49" FS 5# 3/17RD Mags $ $ 3, SIM SIMUNITION HELMET FX 9003 MASK BLACK HEAD PROTECTOR $ $ 1, SIM SIMUNITION FX 9000 SERIES THROAT PROTECTOR LG/XL $ $ SIM SIMUNITIONS FX 9000-A GROIN PROTECTOR MALE $ $ Note: All used weapons listed on the attached sheet. All trade-in weapons must come with 3 magazines or there will be a $10.00 charge per missing magazine. All weapons must be in factory working order and have no rust unless previously stated and agreed to by AmChar. Please see trade in policy details in spreadsheet tab below We may need a exemption certificate so we can send you this product federal excise tax exempt. SUBTOTAL $ 5, SHIPPING TOTAL 5, All Quotes subject to factory price stability and may change without notice. Prices quoted are contingent to signed acceptance of this quotation