Committee of the Whole Session, Tuesday, March 17, 2020 1
CITY COUNCIL AGENDA 1ST FLOOR COUNCIL CONFERENCE ROOM, CITY HALL CITY OF NEW ROCHELLE COMMITTEE OF THE WHOLE SESSION TUESDAY, MARCH 17, 2020 5:00 P.M.
5:00 P.M. - ADJOURNED COMMITTEE OF THE WHOLE SESSION, TUESDAY, MARCH 17, 2020 (ADJOURNED FROM TUESDAY, MARCH 10, 2020) (FOLLOWED BY REGULAR LEGISLATIVE MEETING AT 6:15 P.M.)
CALL TO ORDER
5:00 P.M.: EXECUTIVE SESSION
PRESENTATION
AFFORDABLE HOUSING STUDY UPDATE - By Luiz C. Aragon, Commissioner of Development
AGENDA REVIEW
COMMENDATION(S):
PUBLIC HEARING(S) THIS EVENING (POSTPONED)
1. PROPOSED AMENDMENTS TO CDBG BUDGET, 2018-2022 CONSOLIDATED PLAN, AND 2018 ACTION PLAN Resolution adopting the reprogram of CDBG funds and approving amendments to the 2018-2022 Consolidated Plan and 2018 Action Plan, including related budget amendments. (Intro. 2/4/20; Public Hearing 3/10/20)
DEPARTMENT OF DEVELOPMENT:
2. PROPOSED LEAD AGENCY STATUS RE: DESIGNATION OF THOMAS PAINE MEMORIAL BUILDING A LOCAL LANDMARK - Resolution declaring Lead Agency status relative to the proposed resolution designating the Thomas Paine Memorial Building as a local landmark. Committee of the Whole Session, Tuesday, March 17, 2020 2
3. PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS LOCAL LANDMARK - Resolution designating the Thomas Paine Memorial Building as a local landmark (Intro. 3/10/20) 4. PROPOSED PUBLIC HEARING RE: DESIGNATION OF THOMAS PAINE MEMORIAL BUILDING - Resolution directing Public Hearing on a proposed resolution designating the Thomas Paine Memorial Building as a local landmark. 5. PROPOSED AUTHORIZATION TO EXECUTE LEASE RENEWAL RE: SECTION 8 OFFICE - Resolution authorizing the City Manager to execute an addendum to renew the lease agreement for an additional five (5) year term between the City of New Rochelle and the New Rochelle Hotel Associates, LLC, for office space at One Radisson Plaza. 6. PROPOSED RESOLUTION MODIFYING RESOLUTION 2020-21 RE: BLOOMBERG MAYORS CHALLENGE INITIATIVE - Ordinance rescinding Ordinance No. 21 of 2020 accepting an additional grant award from Bloomberg Philanthropies in the amount of $33,500, amending Ordinance No. 270 of 2019, the Budget of the City of New Rochelle for 2020, and appropriating funds therefor. 7. PROPOSED AMENDMENTS TO VARIOUS SECTIONS OF THE CODE OF THE CITY OF NEW ROCHELLE RE: PARKING - Ordinance amending Section 312-62, Parking Lots, and Section 312-94, Schedule XXIII: Parking Meter Zones, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle.
LAW DEPARTMENT:
8. PROPOSED LEAD AGENCY STATUS - CHAPTER 331, ZONING, WIRELESS TELECOMMUNICATION FACILITIES - Resolution declaring Lead Agency status relative to the proposed ordinance amending Section 331-99, Wireless Telecommunication Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle. 9. PROPOSED AMENDMENTS TO CHAPTER 331, ZONING CODE, RE: SECTION 331-99, WIRELESS TELECOMMUNICATIONS FACILITIES - Ordinance amending Section 331-99, Wireless Telecommunication Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle. (Rev. Intro. 3/17/20 10. DIRECTING PUBLIC HEARING RE: PROPOSED ORDINANCE AMENDING ZONING CODE, CHAPTER 331, SECTION 331-99, WIRELESS TELECOM FACILITIES - Resolution scheduling a Public Hearing relative to the proposed ordinance amending Section 331-99, Wireless Telecommunication Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle.
DEPARTMENT OF FINANCE:
DEPARTMENT OF PUBLIC WORKS:
11. PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: TRUCK RESTRICTION - CLEVELAND AVENUE - Ordinance amending Section 312-81, Schedule X: Trucks Excluded, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle (Cleveland Avenue). Committee of the Whole Session, Tuesday, March 17, 2020 3
12. PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: SCHOOL SPEED LIMITS - CALHOUN AND WEBSTER AVENUES - Ordinance amending Section 312-73, Schedule II: Speed Limits, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle (Calhoun Avenue and Webster Avenue). 13. PROPOSED AWARD OF BID RE: TRAFFIC SIGNAL REPAIRS AT VARIOUS LOCATIONS, PROJECT 19-012B - Resolution accepting the lowest dollar bid of Verde Electric Maintenance Corporation relative to traffic signal construction and repair at various locations (Project No. 19-012B).
DEPARTMENT OF PARKS AND RECREATION:
14. PROPOSED ACCEPTANCE OF ANNUAL ALLOCATION FROM THE CITY SCHOOL DISTRICT RE: MY BROTHER'S KEEPER; AND PROPOSED AMENDMENT TO THE 2020 BUDGET - Ordinance accepting matching funds in the amount of $40,000 from the New Rochelle School District in support of My Brother’s Keeper initiative, amending Ordinance No. 270 of 2019, the Budget of the City of New Rochelle for 2020, and appropriating funds therefor.
POLICE DEPARTMENT:
DEPARTMENT OF HUMAN RESOURCES:
15. (See Regular Legislative Meeting Agenda for revised proposed amendment) PROPOSED AMENDMENT TO 2020 BUDGET RE: CREATION OF NEW POSITIONS IN THE OFFICE OF INFORMATION TECHNOLOGY (IT) - Ordinance creating new positions within the Office of Information Technology, and amending existing positions. (Held 1/14/20)
CITY MANAGER:
SUPPLEMENTAL ITEM(S):
UNFINISHED BUSINESS
NEW BUSINESS: March Regular Legislative Meeting, Tuesday, March 17, 2020, at 6:15 P. M.; April Committee of the Whole Session, Tuesday, April 14, 2020, at 3:45 P. M.; April Regular Legislative Meeting, Tuesday, April 21, 2020, at 6:15 P. M. ).
DISCUSSION ITEM(S):
REQUESTED BY STAFF -
16. PROPOSED SCONDARY STREET NAMING - Requested by City Manager 17. STATE PLASTIC BAG LAW - Requested by City Manager
REQUESTED BY CITY COUNCIL -
18. ESTABLISHMENT OF ADVISORY COMMITTEE ON IMMIGRANT AFFAIRS - Requested by Mayor Bramson and Council Member Lopez Committee of the Whole Session, Tuesday, March 17, 2020 4
19. TRAFFIC CALMING FUND AND MANUAL - Requested by Council Member Kaye
EXECUTIVE SESSION: (Listed above - 5:00 P.M.)
PUBLIC HEARINGS 7:00 PM (POSTPONED)
PRESENTATION OF COMMENDATIONS - 7:00 PM
FORMER MEMBERS OF CITY COUNCIL - HONORABLE LOUIS J. TRANGUCCI, CITY COUNCIL DISTRICT 1; HONORABLE JARED R. RICE, CITY COUNCIL DISTRICT 3; HONORABLE BARRY R. FERTEL, CITY COUNCIL DISTRICT 5
CITIZENS TO BE HEARD
ADJOURNMENT City of New Rochelle Development
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Luiz Aragon, Development Commissioner DATE: March 17, 2020 SUBJECT: AFFORDABLE HOUSING STUDY UPDATE - By Luiz C. Aragon, Commissioner of Development DISCUSSION ITEM PROPOSED DISCUSSION RE: AFFORDABLE HOUSING
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City of New Rochelle Development
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Luiz Aragon, Development Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED AMENDMENTS TO CDBG BUDGET, 2018-2022 CONSOLIDATED PLAN, AND 2018 ACTION PLAN Resolution adopting the reprogram of CDBG funds and approving amendments to the 2018-2022 Consolidated Plan and 2018 Action Plan, including related budget amendments. (Intro. 2/4/20; Public Hearing 3/10/20)
Background: In October 2018, the City of New Rochelle was selected to receive $10 million from Governor Cuomo’s Downtown Revitalization Initiative (DRI) Grant. One of the approved projects under the aforementioned grant is the construction of a new children’s playground, along with other park improvements, at the newly constructed Heritage Homes located at 51 Winthrop Avenue. The park will be built on the site of the last remaining Hartley House apartment building which is in the process of being demolished.
Issue: The Department of Development would like to reprogram $50,005 of unexpended prior year CDBG funds, originally allocated to administration and project delivery costs, to help fund the purchase of playground equipment that will be included at the new Heritage Homes Park.
Appropriations for prior year CDBG funds will be increased (decreased) as follows:
CD18 23000 8039 PARK IMPROVEMENTS 50,005 CD18 11000 2085 SALARIES - FULL TIME (3,056) CD18 13000 8005 SALARIES- HOURLY RATES (7,602) CD18 14000 6006 SALARIES- OVERTIME (581) CD18 41000 6006 OFFICE SUPP & EXP (3,599) CD18 41200 6006 POSTAGE & FREIGHT (500) CD18 43100 6006 TELEPHONE EXPENSE (1,714) CD18 45100 6006 INDIRECT COST (29,245) CD18 46500 6006 INTERTX-INS CHGBCK (1,012) CD18 48500 6006 TRAINING & DEVELOPMENT (2,557) CD18 8XXXX FRIN (139) 6006 GES
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Due to the fact that the Heritage Homes Park project was not identified in any prior year plans, HUD considers this proposed budget revision a substantial amendment which requires the following:
1) Amendment to the 2018-2022 Consolidated Plan 2) Amendment to the 2018 Action Plan 3) Public Hearing 4) Public Comment Period
Recommendation: The Department of Development is requesting that City Council set a date for a Public Hearing at its February 4th COW for March 10, 2020. A 30-day public comment period will run from February 12, 2020 to March 13, 2020. City Council will vote on the proposed amendments to the budget, as well as proposed amendments to both the 2018-2022 Consolidated Plan and 2018 Action Plan, at RLM scheduled for March 17, 2020.
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LEGISLATION RESOLUTION ADOPTING THE REPROGRAM OF CDBG FUNDS AND APPROVING AMENDMENTS TO THE 2018- 2022 CONSOLIDATED PLAN AND 2018 ACTION PLAN, INCLUDING RELATED BUDGET AMENDMENTS.
WHEREAS, in October 2018, the City of New Rochelle was selected to receive $10 million from Governor Cuomo’s Downtown Revitalization Initiative (DRI) Grant; and
WHEREAS, one of the approved projects under the aforementioned grant is the construction of a new children’s playground, along with other park improvements, at the newly constructed Heritage Homes located at 51 Winthrop Avenue; and
WHEREAS, the park will be built on the site of the last remaining Hartley House apartment building which is in the process of being demolished; and
WHEREAS, the Department of Development would like to reprogram $50,005 of unexpended prior year CDBG funds, originally allocated to administration and project delivery costs, to help fund the purchase of playground equipment that will be included at the new Heritage Homes Park; and
WHEREAS, appropriations for prior year CDBG funds will be increased (decreased) as follows:
CD 18 23000 8039 Park Improvements $50,005 CD 18 11000 2085 Salaries - full time (3,056) CD 18 13000 8005 Salaries - hourly rates (7,602) CD 18 14000 6006 Salaries - overtime (581) CD 18 41000 6006 Office Supp. & Exp. (3,599) CD 18 41200 6006 Postage & Freight (500) CD 18 43100 6006 Telephone expense (1,714) CD 18 45100 6006 Indirect cost (29,245) CD 18 46500 6006 Intertx-Ins. Chgbck (1,012) CD 18 48500 6006 Training & development (2,557) CD 18 8xxxx 6006 Fringes (139) and
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WHEREAS, due to the fact that the Heritage Homes Park project was not identified in any prior year plans, HUD considers this proposed budget revision a substantial amendment which required amendment to the 2018-2022 Consolidated Plan, amendment to the 2018 Action Plan, a public hearing and a public comment period; now, therefore
BE IT RESOLVED by the Council of the City of New Rochelle that after public hearing held March 10, 2020, this City Council hereby adopts the reprogram of Community Development Block Grant (CDBG) funds and amendments to the 2018-2022 Consolidated Plan and 2018 Action Plan.
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City of New Rochelle Development
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Luiz Aragon, Development Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED LEAD AGENCY STATUS RE: DESIGNATION OF THOMAS PAINE MEMORIAL BUILDING A LOCAL LANDMARK - Resolution declaring Lead Agency status relative to the proposed resolution designating the Thomas Paine Memorial Building as a local landmark.
Resolution declaring Lead Agency status relative to the proposed resolution designating the Thomas Paine Memorial Building as a local landmark.
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LEGISLATION RESOLUTION DECLARING LEAD AGENCY STATUS RELATIVE TO THE PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS A LOCAL LANDMARK.
WHEREAS, this City Council hereby wishes to declare itself to be the Lead Agency with respect to the environmental review of the proposed action to designate the Thomas Paine Memorial Building as a local landmark; and
WHEREAS, this City Council finds the Proposed Action to be an Unlisted Action pursuant to SEQRA; and
WHEREAS, the Department of Development has prepared and submitted an Environmental Assessment Form (EAF) for the Proposed Action, on file for inspection with the City Clerk’s Office; now, therefore,
BE IT RESOLVED that this City Council hereby declares itself to be the lead agency with respect to the proposed amendment and directs that the proposed amendment be sent to the New York State Historic Preservation Office and the Westchester County Planning Department for review and recommendation.
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City of New Rochelle Development
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Luiz Aragon, Development Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS LOCAL LANDMARK - Resolution designating the Thomas Paine Memorial Building as a local landmark (Intro. 3/10/20)
Background:
In January 2020, Barbara Davis, New Rochelle City Historian, filed an application, enclosed for your reference, with the Historical Landmarks & Review Board (HLRB) to designate the Thomas Paine Memorial Building, located at 983 North Avenue, as a local landmark. Ms. Davis appeared before the HLRB on February 12, 2020 and presented information related to the property’s association with Thomas Paine, the property’s significance regarding the historic growth of the City, the distinctive characteristics of the property and the inclusion of the property on the National Register of Historic Places.
Pursuant to the City code, the HLRB held a public hearing February 12th, 2020, and adopted a resolution recommending to City Council the building be given local landmark designation.
Recommendation: Staff recommends that Council set a public hearing on the application, refer the application to the New York State Historic Preservation Office, and vote to designate the Thomas Paine Memorial Building as a local landmark to preserve the rich history associated with the property and the City of New Rochelle.
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LEGISLATION RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS A LOCAL LANDMARK.
WHEREAS, in January 2020, Barbara Davis, New Rochelle City Historian, filed an application with the Historical Landmarks & Review Board (HLRB) to designate the Thomas Paine Memorial Building, located at 983 North Avenue, as a local landmark; and
WHEREAS, Ms. Davis appeared before the HLRB on February 12, 2020 and presented information related to the property’s association with Thomas Paine, the property’s significance regarding the historic growth of the City, the distinctive characteristics of the property and the inclusion of the property on the National Register of Historic Places; and
WHEREAS, the HLRB held a public hearing February 12, 2020, and adopted a resolution recommending to City Council that the building be given local landmark designation; now, therefore
BE IT RESOLVED by the City Council of the City of New Rochelle, that the Thomas Paine Memorial Building is hereby designated as a local landmark to preserve the rich history associated with the property and the City of New Rochelle.
ATTACHMENTS: 1. Nomination of Thomas Paine Memorial Building as Local Landmark 2. #1 Recommendation to City Council Barbara Davis NR City Historian 983 North Ave 3. Thomas Paine - EAF 4. Thomas Paine Memorial Building
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Nomination of Thomas Paine Memorial Library as a Locally-Designated Landmark 983 North Avenue, New Rochelle, NY 10801
DATE: January, 2020
PROPERTY: Thomas Paine Memorial Building (also referred to as the Thomas Paine Memorial Library and Museum, although the site was never chartered as a Museum) 983 North Avenue, New Rochelle, NY 10801 Parcel No. 6-2130-0001.A
PROPERTY OWNER: Thomas Paine National Historical Association
SUBMISSION BY: Barbara Davis, City Historian 50 Disbrow Lane New Rochelle, NY, 10804 (914) 632-8254 [email protected]
PROPERTY’S CURRENT DESIGNATION: Eligible for Listing on the National Register of Historic Place
Description of the architectural style, period, and historic significance of the building The Thomas Paine Memorial Building is located just north of the Thomas Paine Cottage, with the Thomas Paine Monument and Paine’s original burial site in-between.
The structure is a significant example of Colonial Revival-style design, by a local and prominent architect, Laurence Loeb. It was erected as a tribute to the visionary whose writings were instrumental in inciting the Cause for Independence and shaping the framework for American democracy.
Thomas Paine lived his last few years in New Rochelle. These years are interpreted by the Thomas Paine Cottage, which is a National Landmark, a National Register property and a locally-designated landmark. The former home of Paine has served as a historic house site since it was moved from its original place—just up the hill, on the 300 acres gifted to Paine, to its present location in 1909. It is operated by the Huguenot and New Rochelle Historical Association.
The concept and design of the Thomas Paine Memorial Building, construction for which was begun by the Thomas Paine National Historical Association in 1925, would result in a monumental, fire-proof structure for the housing and scholarly use of archival materials and artifacts related to Thomas Paine, as well as an opportunity for public gatherings and displays. The building was largely funded by a $35,000 bequest from John H. Ludwig of the Bronx, and $4,000 from Edward Tuck of Paris, from royalties of the 10-volume works of Paine, and from Attachment: Nomination of Thomas Paine Memorial Building as Local Landmark (1968 : PROPOSED RESOLUTION DESIGNATING THE
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the biography written by W.M. Van der Weyde, the president of the Thomas Paine National Historical Association. Thomas Alva Edison broke ground for the Memorial Library on Memorial Day, May 30, 1925, which was also the sesquicentennial year of the publication of Paine’s Common Sense. Edison was a huge admirer of Paine
The architect for the building, Laurence Loeb, also designed New Rochelle’s impressive Memorial Recreation Building at City Park, as well as the World War I Monument in Faneuil Park.
The Thomas Paine Memorial Building architecture is described in the New Rochelle Reconnaissance Survey prepared by Taylor & Taylor for City of New Rochelle, 1997: “… a rectangular gable-roofed, gable-end-oriented masonry building of two stories, with a basement. The Colonial Revival-design features a symmetrical three-bay façade with a centered entry. The main entry is round-arched, with a delicate fanlight and double paneled doors. The roof extends beyond the plane of the façade and is incorporated into a full portico, supported by attenuated columns and including an oculus centered in the pediment, which is further trimmed with swag ornament. The side elevations are of five bays, including wound-arched sash on the first story and flat-topped sash on the second. All sash is multi-light. Plans published in 1931 indicate a foyer, a memorial hall, and on the second.” A 19’ X 16’ addition in the rear of the building was completed in 1943.
From the time the Memorial Building was completed, the Huguenot and New Rochelle Historical Association and Thomas Paine National Historical Association operated side-by-side, and for several years in the 19 80s – 1990s, as one organization. The Memorial Building housed exhibits, including a large and comprehensive interpretation of the community’s past during the city’s Tricentennial in 1988. The building also housed a library that could be accessed by researchers during set hours, and within the confines of the building. For decades, it appears that the Huguenot and New Rochelle Historical Association and the National Thomas Paine Association “joined” collections, with paper items being housed in the stone Memorial Building, and the artifacts in the Paine Cottage.
In the 1990s the Charities Bureau of the New York State Attorney General’s Office officially separated from the Huguenot-New Rochelle Historical Association and the Thomas Paine National Historical Association. The Hufeland Collection, which was comprised of archival materials pertaining to New Rochelle and the county, were ceded to the Westchester County Historical Society. In April 2009, following another mandate from the Charities Bureau, the remainder of the collection was removed. It was temporarily housed by the New York Historical Society, and then transferred to the Ryan Library at Iona College, in the summer of 2010. The use of the building over the past two decades has been nominal and intermittent.
Attachment: Nomination of Thomas Paine Memorial Building as Local Landmark (1968 : PROPOSED RESOLUTION DESIGNATING THE
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Nomination of Thomas Paine Memorial Library as a Locally-Designated Landmark Page 2: Site Map
Attachment: Nomination of Thomas Paine Memorial Building as Local Landmark (1968 : PROPOSED RESOLUTION DESIGNATING THE
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Nomination of Thomas Paine Memorial Library as a Locally-Designated Landmark Page 3: Photographs
Thomas Paine Memorial Building, c. 1930s
Thomas Paine Memorial Building, 2009 Attachment: Nomination of Thomas Paine Memorial Building as Local Landmark (1968 : PROPOSED RESOLUTION DESIGNATING THE
Packet Pg. 17 3.b Attachment: #1 Recommendation to City Council Barbara Davis NR Historian 983 North Ave (1968 : PROPOSED RESOLUTION
Packet Pg. 18 3.c Attachment: Thomas Paine - EAF (1968 : PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS LOCAL
Packet Pg. 19 3.c Attachment: Thomas Paine - EAF (1968 : PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS LOCAL
Packet Pg. 20 3.c Attachment: Thomas Paine - EAF (1968 : PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS LOCAL
Packet Pg. 21 3.c Attachment: Thomas Paine - EAF (1968 : PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS LOCAL
Packet Pg. 22 3.c Attachment: Thomas Paine - EAF (1968 : PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS LOCAL
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City of New Rochelle Development
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Luiz Aragon, Development Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED PUBLIC HEARING RE: DESIGNATION OF THOMAS PAINE MEMORIAL BUILDING - Resolution directing Public Hearing on a proposed resolution designating the Thomas Paine Memorial Building as a local landmark.
PROPOSED RESOLUTION SCHEDULING A PUBLIC HEARING RE: DESIGNATION OF THOMAS PAINE MEMORIAL BUILDING
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LEGISLATION RESOLUTION DIRECTING PUBLIC HEARING ON A PROPOSED RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS A LOCAL LANDMARK.
BE IT RESOLVED by the Council of the City of New Rochelle:
This Council shall hold a public hearing at 7:00 P.M. on April 14, 2020 in the Council Chambers at City Hall, 515 North Avenue, New Rochelle, New York, on the proposed resolution entitled:
RESOLUTION DESIGNATING THE THOMAS PAINE MEMORIAL BUILDING AS A LOCAL LANDMARK. and, be it further
RESOLVED that the City Clerk give due notice of this public hearing.
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City of New Rochelle Development
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Luiz Aragon, Development Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED AUTHORIZATION TO EXECUTE LEASE RENEWAL RE: SECTION 8 OFFICE - Resolution authorizing the City Manager to execute an addendum to renew the lease agreement for an additional five (5) year term between the City of New Rochelle and the New Rochelle Hotel Associates, LLC, for office space at One Radisson Plaza.
Background: In August of 2015 the City of New Rochelle (tenant) entered into a five (5) year lease agreement, commencing on October 01, 2015, with New Rochelle Hotel Associates LLC (landlord) for office space at One Radisson Plaza. This space would serve as the new home for the City’s Section 8 Office.
The original monthly rental charges and utility charges are shown below.
Start Date End Date Rent Per Month Utilities Per Month Monthly Total 10/1/2015 9/30/2016 $ 4,592.33 $ 648.92 $ 5,241.25
The lease agreement allowed for an annual rent increase of 3%. The utility charge, $3.25 per rentable square foot, was firm for the duration of the agreement.
Issue The aforementioned lease agreement will expire on September 30, 2020. Both tenant and landlord have expressed interest in renewing the lease for an additional five (5) year term.
The new monthly rental charges and utility charges are shown below. The terms of the renewal would be identical to the original agreement allowing for an annual rent increase of 3% and an electricity charge of $3.25 per rentable square foot, which would be firm for the duration of the agreement.
Start Date End Date Rent Per Month Utilities Per Month Monthly Total 10/1/2020 9/30/2021 $ 5,323.66 $ 648.92 $ 5,972.58
Recommendation
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It is the recommendation of the Department of Development that City Council authorize the City Manager to execute the Addendum to Renew Lease Agreement for an additional five (5) year term between the City of New Rochelle and New Rochelle Hotel Associates LLC.
Funding 8610.44000 (Rent) 8610.43000 (Utilities)
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LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO RENEW THE LEASE AGREEMENT FOR AN ADDITIONAL FIVE (5) YEAR TERM BETWEEN THE CITY OF NEW ROCHELLE AND THE NEW ROCHELLE HOTEL ASSOCIATES, LLC, FOR OFFICE SPACE AT ONE RADISSON PLAZA.
WHEREAS, in August of 2015 the City of New Rochelle (tenant) entered into a five (5) year lease agreement, commencing on October 1, 2015, with New Rochelle Hotel Associates LLC (landlord) for office space at One Radisson Plaza for the City’s Section 8 Office; and
WHEREAS, the aforementioned lease agreement will expire on September 30, 2020, and both tenant and landlord have expressed interest in renewing the lease for an additional five (5) year term; and
WHEREAS, the new monthly rental charges and utility charges are as follows:
Start Date End Date Rent Per Month Utilities Per Month Monthly Total 10/1/2020 9/30/2021 $ 5,323.66 $ 648.92 $ 5,972.58 and
WHEREAS, the terms of the renewal would be identical to the original agreement allowing for an annual rent increase of 3% and an electricity charge of $3.25 per rentable square foot, which would be firm for the duration of the agreement; now, therefore
BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute an addendum to renew the lease agreement for an additional five (5) year term between the City of New Rochelle and the New Rochelle Hotel Associates, LLC., for office space at One Radisson Plaza according to such terms and conditions that may be acceptable to the City Manager and Corporation Counsel.
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City of New Rochelle Development
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Luiz Aragon, Development Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED RESOLUTION MODIFYING RESOLUTION 2020-21 RE: BLOOMBERG MAYORS CHALLENGE INITIATIVE - Ordinance rescinding Ordinance No. 21 of 2020 accepting an additional grant award from Bloomberg Philanthropies in the amount of $33,500, amending Ordinance No. 270 of 2019, the Budget of the City of New Rochelle for 2020, and appropriating funds therefor.
INTRODUCTION Last month, the City Council adopted Resolution# 2020-21 authorizing acceptance of an additional grant award from Bloomberg Philanthropies in the amount of $33,500 to conduct additional baseline surveying to establish baseline metrics that accurately measure key points of resident engagement. It has been determined that the funds for this additional scope are already included in the original grant award as “in-kind” services to be provided by Delivery Associates, the City’s coaching team hired by Bloomberg to help the City meet the objectives required for this project. No resolution was necessary as there is no additional grant.
RECOMMENDATION: It is recommended that the City Council modify Resolution 2020-21 to reflect that no new funds are being granted to the city.
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LEGISLATION ORDINANCE RESCINDING ORDINANCE NO. 21 OF 2020 ACCEPTING AN ADDITIONAL GRANT AWARD FROM BLOOMBERG PHILANTHROPIES IN THE AMOUNT OF $33,500, AMENDING ORDINANCE NO. 270 OF 2019, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2020, AND APPROPRIATING FUNDS THEREFOR.
BE IT ORDAINED, by the City Council of the City of New Rochelle, that Ordinance No. 21 of 2020 is hereby rescinded.
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City of New Rochelle Development
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Luiz Aragon, Development Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED AMENDMENTS TO VARIOUS SECTIONS OF THE CODE OF THE CITY OF NEW ROCHELLE RE: PARKING - Ordinance amending Section 312-62, Parking Lots, and Section 312-94, Schedule XXIII: Parking Meter Zones, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle.
Background: Based on available supply and occupancy associated with municipal parking, both on and off street, the Department of Development hereby recommends the following amendments to the current parking code in an effort to better manage municipal parking availability.
Issue: This memo seeks to outline various code amendments to improve the efficiency of parking availability to better serve the surrounding community.
This memo also serves to extend metered parking zones in the vicinity of East Main Street and Huguenot Street.
See attached code change request to Section 312-62 Part D, Section 312-62 Part E, and Section 312-94 of the City Code.
The proposed code changes to Section 312-94 were reviewed and approved by the City’s Traffic Engineer.
RECOMMENDATION: It is the recommendation of the Department of Development that §312-62 Part D, §312-62 Part E, and §312-94 be amended to reflect the changes requested herein.
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LEGISLATION ORDINANCE AMENDING SECTION 312-62, PARKING LOTS, AND SECTION 312-94, SCHEDULE XXIII: PARKING METER ZONES, OF CHAPTER 312, VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEW ROCHELLE.
BE IT ORDAINED by the City of New Rochelle:
Section 1. Section 312-62, Parking Lots, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle, is hereby amended to read as follows:
§ 312-62. Parking lots.
D. Parking is hereby permitted in metered, ticket-timed, fee-controlled or free lots, as follows:
Name of Lot Restriction
Union Avenue North Lot Parking shall be permitted in portions of this lot at a rate as set forth in Chapter 133, Fees, from the hours of 8:00 a.m. to 6:00 p.m. Monday through Saturday [Friday] for a period not to exceed three hours, and from the hours of 6:00 p.m. to 8:00 a.m. Monday through Saturday [Thursday] for a period not to exceed 14 hours, except Sundays & Holidays. Parking shall be permitted in other portions of this lot full-time or weekend only, in designated spaces, upon the display of a permit available by mail or in person from the Department of Development at the rate as set forth in Chapter 133, Fees.
E. Rules and regulations pertaining to parking in all City-operated parking lots or structures shall be as follows:
(7) Annual recertification of residency is required. Failure to provide updated proof of residency for area resident permits citywide by April 30th of each year, will result in the cancellation of your residential permit and a pro-rated refund for the remaining term will be issued.
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[7](8) A valid driver's license showing the parker's name and address must be presented at the time of application.
[(8)](9)Permittees in all City-operated parking facilities shall be subject to the following rules and regulations pertaining to parking permits:
Section 2. The Code of the City of New Rochelle, Section 312-94, Schedule XXIII: Parking-Meter Zones, of Chapter 312, Vehicles and Traffic, is hereby amended as follows:
§ 312-94. Schedule XXIII: Parking-Meter Zones.
In accordance with the provisions of § 312-60, the following described streets or parts thereof are hereby designated as parking-meter zones:
Name of Street Side Location
Huguenot Street South East junction to Jackson Street
Huguenot Street North From Pratt Street to [Rhodes] Jackson Street
Main Street South From Evans Street east to [the westerly boundary of the Armory] the Bus Stop prior to entrance to City Yard
Matter underlined added. Matter [bracketed] deleted.
ATTACHMENTS: 1. Huguenot-Main St Meters 2. Union Ave Parking Lot, Meters
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Existing Meter Zones Proposed Meter Zones
Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community Attachment: Huguenot-Main St Meters (1967 : PROPOSED AMENDMENTS TO VARIOUS SECTIONS OF
Data sources: Westchester County GIS New Rochelle DPW City of Proposed Meter Zones: 0 250 500 Feet This product is for informational purposes and New Rochelle Huguenot/Main Street may not have been prepared for, or be suitable Packet Pg. 35 ² for legal, engineering, or surveying purposes. New York 7.b
Proposed Code Change Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Data sources: Westchester County GIS Union Avenue Parking Lot ² New Rochelle DPW City of Attachment: Union Ave Parking Lot, Meters (1967 : PROPOSED AMENDMENTS TO VARIOUS SECTIONS OF THE CODE CITY NEW This product is for informational purposes and New Rochelle 0 25 50 may not have been prepared for, or be suitable P roposed Code Change Feet for legal, engineering, or surveying purposes. NPacketew Yo rPg.k 36 8
City of New Rochelle Law
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Kathleen E. Gill, Corporation Counsel DATE: March 17, 2020 SUBJECT: PROPOSED LEAD AGENCY STATUS - CHAPTER 331, ZONING, WIRELESS TELECOMMUNICATION FACILITIES - Resolution declaring Lead Agency status relative to the proposed ordinance amending Section 331-99, Wireless Telecommunication Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle.
Resolution declaring Lead Agency status relative to the proposed ordinance amending Section 331-99, Wireless Telecommunication Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle.
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LEGISLATION RESOLUTION DECLARING LEAD AGENCY STATUS RELATIVE TO THE PROPOSED ORDINANCE AMENDING SECTION 331-99, WIRELESS TELECOMMUNICATION FACILITIES, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE.
WHEREAS, this City Council wishes to declare itself Lead Agency for the environmental review of the proposed ordinance amending section 331-99, Wireless Telecommunications Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle (“Proposed Action”); and
WHEREAS, this City Council finds the Proposed Action to be an Unlisted Action pursuant to SEQRA; and
WHEREAS, the Department of Development has prepared and submitted an Environmental Assessment Form (EAF) for the Proposed Action, on file for inspection with the City Clerk’s Office; now, therefore,
BE IT RESOLVED that this City Council hereby declares itself Lead Agency for the Proposed Action and directs that the proposed ordinance and EAF be sent to the New Rochelle Planning Board and the Westchester County Department of Planning for their review and recommendation.
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City of New Rochelle Law
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Kathleen E. Gill, Corporation Counsel DATE: March 17, 2020 SUBJECT: PROPOSED AMENDMENTS TO CHAPTER 331, ZONING CODE, RE: SECTION 331-99, WIRELESS TELECOMMUNICATIONS FACILITIES - Ordinance amending Section 331-99, Wireless Telecommunication Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle. (Rev. Intro. 3/17/20
Based upon comments received during the public hearing, I recommend modifications to the proposed ordinance related to the size and siting of equipment as indicated in the revised ordinance.
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LEGISLATION ORDINANCE AMENDING SECTION 331-99, WIRELESS TELECOMMUNICATION FACILITIES, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE.
SECTION I. Purposes and Findings of Fact
A. Purposes and Findings of Fact.
(1) The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of Small Wireless Telecommunications Facilities in the City of New Rochelle. While the City recognizes the importance of Wireless Telecommunications Facilities in providing high quality communications service to its residents and businesses, the City also recognizes that it has an obligation to promote public safety and to minimize the adverse visual effects of such facilities, especially in historic and residential areas.
(2) By enacting these provisions, the City intends to:
a. Accommodate the need for Small Wireless Telecommunications Facilities while regulating their location and number so as to ensure the provision of necessary services;
b. Provide for the managed development of Small Wireless Telecommunications Facilities in a manner that enhances the benefits of wireless telecommunications and accommodates the needs of both City residents and wireless carriers in accordance with federal and state laws and regulations;
c. Establish procedures for the design, siting, construction, installation, maintenance and removal of Small Wireless Telecommunications Facilities in the City, including facilities both inside and outside the public rights-of-way;
d. Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, small cells, and other Wireless Telecommunications Facilities;
e. Minimize potential adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of communications services co-locate their
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Small Wireless Telecommunications Facilities on existing towers or infrastructure where possible;
f. Protect and preserve historically significant structures and properties located in the City; and
g. Promote the health, safety and welfare of the City's residents.
SECTION II. Amendment of Certain Wireless Telecommunications Facilities Provisions
Section 331-99(B) is hereby amended as follows:
ANTENNA [A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services (PCS), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the City's siting, building and permitting authority.] An apparatus designed for the purpose of emitting or receiving radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services. This definition does not include antennas designed for amateur or household use.
APPLICANT Any person [wireless service provider] submitting an application for a special or administrative special permit for wireless telecommunications facilities.
BASE STATION The same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small cell networks).
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c. Any structure other than a tower that, at the time the relevant application is filed with the City under this section, supports or houses equipment described in paragraphs (i)(ii) above and has been previously reviewed and approved by the city.
COLLOCATION [The use of a tower or structure to support antennas for the provision of wireless services without increasing the height of the Tower or structure.] The mounting of one or more wireless telecommunications facilities on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a wireless telecommunications facility on that structure.
FRONT FAÇADE AREA The area of the public right-of-way directly in front of a structure, identified by drawing a perpendicular line from each corner of structure to the public right-of-way.
[MODIFICATION or MODIFY The addition, removal or change of any of the physically, visually, and auditorily discernible components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.]
MODIFICATION; SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE A modification to an existing wireless telecommunications facility substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria: (1) for communications towers or base stations outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for small wireless telecommunications facilities in the rights-ofway, it increases the height of the facility by more than 10% or 10 feet, whichever is greater; (2) for communications towers or base stations outside the public rights-of-way, it protrudes from the edge of the communication tower or base station by more than 20 feet, or more than the width of the Tower structures at the level of the appurtenance, whichever is greater; for those Small Wireless Facilities in the public rights-of-way, it protrudes from the edge of the structure by more than 6 feet; (3) it involves the installation of more than two (2) new equipment cabinets for the technology involved, not to exceed 4 cabinets; (4) it entails any excavation of deployment outside the current site of the small wireless telecommunications facility, communications tower, or base station; or (5) it does not comply with conditions associated with prior approval of construction
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or modification of the small wireless telecommunications facility, communications tower, or base station unless the non-compliance is due to an increase in height, increase in width, or addition of cabinets.
SMALL WIRELESS TELECOMMUNICATIONS FACILITY A telecommunications facility, installed within the city’s right of way, that meets the following criteria: (1) The structure on which antenna facilities are mounted (i) is 50 feet or less in height, or (ii) is no more than 10 percent taller than other adjacent structures, or (iii) is not extended to a height of more than 50 feet or by more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and
(2) Each antenna associated with the deployment (excluding the associated equipment) is no more than 3 cubic feet in volume;
(3) All other wireless equipment associated with the facility (excluding antennas) are cumulatively no more than 9 cubic feet in volume but may be increased up to 28 cubic feet in volume if the applicant shows that such dimensions are required to provide wireless service and that no less intrusive means of providing such wireless service is technically feasible.
(4) The facilities do not require antenna structure registration under 47 CFR Part 17;
(5) The facilities shall involve no more than one (2) standard equipment cabinets for the technology; and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
SECTION III. Amendment of Certain Wireless Telecommunications Facilities Provisions
Section 331-99(C) of the Code of the City of New Rochelle is hereby amended as follows:
(27) Small Wireless Telecommunications Facilities shall obtain an administrative special permit from the City Commissioner of Development solely in accordance with the requirements of Section 331-99(CC).
SECTION IV. Amendment of Certain Wireless Telecommunications Facilities Provisions
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Section 331-99 of the Code of the City of New Rochelle is hereby amended as follows:
AA. Small Wireless Telecommunications Facilities. The following regulations shall apply to all Small Wireless Telecommunications Facilities:
(1) Location of Small Wireless Telecommunications Facilities. Small Wireless Telecommunications Facilities are permitted in all zoning districts and are subject to the requirements of Section 331-99.
(a) To the extent technically feasible, no Small Wireless Telecommunications Facility requiring the installation of a new pole shall be located closer than 500 feet horizontally to any property line of any public, private and/or state-chartered preschool, elementary school, or secondary school.
(b) To the extent technically feasible, no Small Wireless Telecommunications Facility requiring the installation of a new pole shall be located closer than 500 feet horizontally to any property line of any nursing home.
(c) No Small Wireless Telecommunications Facilities shall be located in the Front Façade Area of a residential structure or use but rather, if required, such facilities shall be located at the intersecting point of the front and side property lines. When located within 250 feet of a residential use or structure, the applicant shall notify the owners of property located within such 250 feet of the proposed facility. Such notice shall be sent by certified mail within five (5) days of filing for approval from the City.
(d) Where possible, Small Wireless Telecommunications Facilities shall be installed with stealth technology and or installed behind existing traffic or other municipal signage or other such camouflaging methods as defined in “The City of New Rochelle Small Telecommunications Facility Design Manual”.
(2) Franchise Required. Prior to the consideration of any application for an administrative special permit for a Small Wireless Telecommunications Facility, the applicant shall obtain a Telecommunications Franchise from the City Council in accordance with Chapter 292 of the City Code.
(3) Administrative Special Permit Required. All applicants for a proposed Small Wireless Telecommunications Facility shall be required to obtain an administrative special permit from the City Commissioner of Development, subject to the requirements of this Section 331-99(CC). Prior to filing an application for an administrative special permit, all applicants for a Small Wireless Telecommunications Facilities may request a pre- application meeting with the City Commissioner of Development and Commissioner of Public Works in order to address any concerns the City may have specific to the proposed
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site. This pre-application meeting may be conducted in person or via teleconference at the discretion of the City.
(4) All applications for the construction or installation of new Small Wireless Telecommunications Facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the applicant. The application shall include the following information:
(a) The name, address and phone number of the person preparing the application;
(b) The name, address, and phone number of the property owner, operator, and applicant, and to include the legal form of the applicant;
(c) The coordinates and closest street address/intersection of the proposed Small Wireless Telecommunications Facility;
(d) The Zoning District or designation in which the property is situated or through which the right of way traverses;
(e) If the proposed Small Wireless Telecommunications Facility requires the installation of a new pole, a diagram showing the location of the pole and all lot lines, prepared by a licensed land surveyor or engineer;
(f) The location of all residential structures within a 250-foot radius and the location of schools and nursing homes within a 500-foot radius;
(g) The location, size and height of all structures on the property to the extent the small wireless telecommunication facility is not in a right of way;
(h) The location, size and height of all proposed and existing antennas and all appurtenant structures;
(i) The type, locations and dimensions of all proposed and existing landscaping, and fencing for a Small Wireless Telecommunications Facility requiring a new utility pole, if applicable;
(j) The number, type and design of the Small Wireless Telecommunications Facilities proposed and, if a utility pole is installed, the basis for the calculations of the utility pole’s capacity to accommodate multiple users;
(k) The make, model and manufacturer of any new utility pole and Antenna(s) being installed;
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(l) A description of the utility pole and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;
(m) The frequency, modulation and class of service of radio or other transmitting equipment;
(n) The actual intended transmission and the maximum effective radiated power of the antenna(s);
(o) Direction of maximum lobes and associated radiation of the antenna(s);
(p) Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC. Information will include but not be limited to requirements under OET-65 or other pertinent information;
(q) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;
(r) Any other documentation timely and reasonably required by the Commissioner of Development and/or any third-party expert retained by the City to review the application;
(s) Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in the state or a radio-frequency engineer; and
(t) Proof that the applicant has notified the property owners of residence within the 250-foot radius.
(5) Preapplication Meeting. Unless waived by the Commissioner of Development, there shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process and ensure compliance with the applicable federal timeframe for review. A preapplication meeting may also include a site visit if there has not been a prior site visit for the requested site.
(6) Rejection. Applications not meeting the requirements stated herein or which are otherwise incomplete may be the subject of a notice of incompleteness issued by the City Commissioner of Development.
(7) General Permitting. A holder of an administrative special permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as
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long as required by the City or other governmental entity or agency having jurisdiction over the applicant.
(8) Standard of care. Any Small Wireless Telecommunications Facility shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as per the New York State Building Code, current edition. Any Small Wireless Telecommunications Facility shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any Person or damage any property in the City.
(9) Wind and ice. The applicant shall certify that the Small Wireless Telecommunications Facility, foundation and attachments are designed and will be constructed to meet all local, City, state and federal structural requirements for loads, including wind and ice loads.
(10) NIER Levels. A Small Wireless Telecommunications Facility shall not, by itself or in conjunction with other Wireless Telecommunications Facilities, generate radiofrequency emissions in excess of the standards and regulations of the Federal Communications Commission, including but not limited to, the Federal Communications Commission Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with Federal Communications Commission Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended. The owner of a Small Wireless Telecommunications Facility shall provide certification of the Small Wireless Telecommunications Facility’s compliance with the NIER standards and regulations of the Federal Communications Commission by a radio frequency engineer or licensed engineer to the City’s Commissioner of Development upon initial construction of the Small Wireless Telecommunications Facility and once every three (3) years thereafter.. If the Small Wireless Telecommunications Facility is modified at any time following issuance of the initial permits by the City, the owners of the Small Wireless Telecommunications Facility shall submit recertification of compliance with the standards and regulations of the Federal Communications Commission to the City Commissioner of Development following such modification.
(11) Grounding. The applicant shall certify that the Small Wireless Telecommunications Facility will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.
(12) Supplemental Statements. Any and all representations made by the applicant to the City Commissioner of Development on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the City Commissioner of Development.
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(13) Time, Place and Manner. The City Commissioner of Development shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Small Wireless Telecommunications Facilities in the Right of Way (“ROW”) based on public safety, traffic management, physical burden on the ROW and related considerations in accordance with law and/or the Franchise Agreement.
(14) Accessory Equipment.
(a) Small Wireless Telecommunications Facilities and Accessory Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City.
(b) To the extent utilities are already underground, all utilities at a Small Wireless Telecommunications Facility site shall be installed underground in compliance with all laws, ordinances, rules and regulations of the City, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
(c) The owner of a Small Wireless Telecommunications Facility shall repair any damaged Accessory Equipment within ten (10) days of receipt of notice from the City.
(15) Collocation Efforts. An applicant for a Small Wireless Telecommunications Facility requiring the installation of a new utility pole shall be required to submit a written report demonstrating the Applicant’s meaningful efforts to secure shared use of existing utility poles and other structures on which collocation is feasible. Copies of written requests and responses for shared use shall be provided to the Commissioner of Development in the application, along with any letters of rejection stating the reason for rejection.
(16) Graffiti. Any graffiti on the Small Wireless Telecommunications Facility or on any Accessory Equipment shall be removed at the sole expense of the owner within thirty (30) days of notification by the City.
(17) Modification. To the extent required by federal and state law, the holder of an administrative special permit shall notify the City of any intended initial modification of a Small Wireless Telecommunications Facility and the holder shall apply to the City to substantially modify, relocate or rebuild a Small Wireless Telecommunications Facility. Substantial modification as defined herein shall require an amended administrative special permit.
(18) Design regulations. All Small Wireless Telecommunications Facilities shall be designed to meet the requirements of the City “Small Wireless Telecommunications Facility
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Design Manual,” a copy of which is kept on file at the City Bureau of Buildings. All Small Wireless Telecommunications Facilities shall be maintained in compliance with such requirements for the duration of their operation.
(19) Timing of Approval.
(a) Within sixty (60) days of receipt of a complete application for Collocation of a Small Wireless Telecommunications Facility on a preexisting utility pole, the City Commissioner of Development shall make a final decision on whether to approve the application and shall notify the Applicant in writing of such decision.
(b) Within ninety (90) days of receipt of an application for a Small Wireless Telecommunications Facility requiring the installation of a new utility pole, the City Commissioner of Development shall make a final decision on whether to approve the application and shall notify the Applicant in writing of such decision.
(c) Within ten (10) calendar days of the date that an application for a Small Wireless Telecommunications Facility is filed with the City Commissioner of Development, the Commissioner of Development shall notify the Applicant in writing of any information that may be required to complete such application.
(20) Relocation or Removal of Facilities. Within ninety (90) days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a Small Wireless Telecommunications Facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Small Wireless Telecommunications Facility when the City, consistent with its police powers, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;
(b) The operations of the City or other governmental entity in the Right-of-Way;
(c) Vacation of a street or road or the release of a utility easement; or
(d) An emergency as determined by the City
(22) Removal. In the event that use of a Small Wireless Telecommunications Facility is to be discontinued, the owner shall provide written notice to the City of its intent to discontinue
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use and the date when the use shall be discontinued. Unused or abandoned Wireless Telecommunications Facilities, or portions of Wireless Telecommunications Facilities, shall be removed as follows:
(a) All abandoned or unused Wireless Telecommunications Facilities and Accessory Equipment shall be removed within sixty (60) days of the cessation of operations at the site unless a time extension is approved by the City.
(b) If the Wireless Telecommunications Facility or Accessory Equipment is not removed within sixty (60) days of the cessation of operations at a site, or within any longer period approved by the City, the Wireless Telecommunications Facility and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the Wireless Telecommunications Facility.
(23) Reimbursement for Right of Way Use. In addition to permit fees as described in this section, every Small Wireless Telecommunications Facility in the Right of Way is subject to the City’s right to require a franchise agreement which provides for an annual fee for use and occupancy of the Right of Way. Such compensation for Right of Way use shall be directly related to the City’s actual Right of Way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other Right of Way management activities by the City. The owner of each Small Wireless Telecommunications Facility shall pay an annual fee to the City to compensate the City for the City’s costs incurred in connection with the activities described above as set forth in the franchise agreement.
SECTION V. Miscellaneous
A. Police powers. The City, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the City under applicable federal, state and local laws and regulations.
B. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this Chapter invalid.
C. Effective Date. This Ordinance shall become effective thirty (30) days after enactment by the City of New Rochelle.
[AA.] BB. Adherence to state and/or federal rules and regulations.
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(1) To the extent that the holder of a special permit or administrative special permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a special permit or administrative special permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.
(2) To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a special permit or administrative special permit for wireless telecommunications facilities, then the holder of such a special permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.
[BB.] CC. Conflict with other laws. Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the City, state or federal government, this section shall control.
ATTACHMENTS: 1. Small Wireless Telecommunications Facility Design Manual REVISED
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THE CITY OF NEW ROCHELLE
SMALL WIRELESS TELECOMMUNICATIONS FACILITY DESIGN MANUAL SECTION I. DEFINITIONS The following terms are defined as follows: 1. Accessory Equipment – any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term “Accessory Equipment” includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
2. Antenna – An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
3. Collocation – The mounting of one or more Wireless Telecommunications Facilities, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a Wireless Telecommunications Facilities on that structure.
4. Decorative Pole – A City-owned pole that is specially designed and placed for aesthetic purpose.
5. Front Façade Area – The area of the public right-of-way directly in front of a structure, identified by drawing a perpendicular line from each corner of structure to the public right-of-way.
6. Prior Approved Design – A design for a small wireless telecommunications communications facility that has been reviewed and deemed to be in accordance with this Design Manual and approved for construction by the City.
7. Small Wireless Telecommunications Facility -- A wireless telecommunications facility that meets the following criteria:
a. The structure on which antenna facilities are mounted—
i. is 50 feet or less in height, or Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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ii. is no more than 10 percent taller than other adjacent structures, or iii. is not extended to a height of more than 50 feet or by more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and
b. Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
c. All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 9 cubic feet in volume.
d. The facilities do not require antenna structure registration under 47 CFR Part 17;
e. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b). Stealth Technology - camouflaging methods applied to wireless telecommunications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. 8. Underground District – A zoning district in which all utility installations are required to be installed underground on a non-discriminatory basis.
SECTION II. GENERAL STANDARDS FOR SMALL WIRELESS FACILITIES 1. All Small Wireless Telecommunications Facilities shall be installed in and maintained in a workmanlike manner in compliance with the National Electric Safety Code and the National Electrical Code, and all other applicable codes and regulations.
2. All Small Wireless Telecommunications Facilities shall not interfere or reduce compliance with, or create conditions of non-compliance with the Americans with Disabilities Act guidelines adopted by the City and all applicable requirements relating to streets and sidewalks as established by Chapter 281 of the City Code.
Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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3. Utility poles shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines in an unsafe manner.
4. All Small Wireless Telecommunications Facilities shall comply with applicable federal and state standards regarding pedestrian access and movement.
5. All Small Wireless Telecommunications Facilities shall be designed and constructed in an effort to minimize aesthetic impact to the extent technically feasible.
6. No Small Wireless Telecommunications Facility shall be permitted on an existing Decorative Pole unless the applicant provides documentation demonstrating that such Decorative Pole is the only technically feasible location for placement and that no suitable alternative sites exist.
7. No Small Wireless Telecommunications Facilities shall extend beyond the boundaries of the rights-of-way.
8. No Small Wireless Telecommunications Facilities shall be located in the front façade area of a residential structure or use but rather if required such facilities shall be located at the intersecting point of the front and side property lines. When located within 250 feet of a residential use or structure, the applicant shall notify the owners of such properties or uses by certified mail within five (5) days of filing for approval from the City.
9. Where possible, Small Wireless Telecommunications Facilities shall be installed with stealth technology and or installed behind existing traffic or other municipal signage or use other such camouflaging methods.
10. All Small Wireless Telecommunications Facilities shall be designed and constructed to withstand the effects of wind and ice, and for seismic loads when applicable, in compliance with NYS Building Code and in accordance with the provisions of ANSI/ TIA-222.
SECTION III. ANTENNA AND ACCESSORY EQUIPMENT STANDARDS 1. Antenna Standards
Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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a. Any Antenna associated with a Small Wireless Telecommunications Facility shall not exceed three (3) cubic feet in volume.
b. All pole-top Antennas shall be flush-mounted as closely to the top of the utility pole as technically feasible.
c. All Antennas shall be of a design, style, and color that reasonably matches the utility pole upon which they are attached.
d. Any necessary pole-top extension shall be of the minimum height necessary to achieve separation from the existing pole attachments.
e. Any Antenna mounted on a lateral standoff bracket shall protrude no more than necessary to meet clearances.
f. If mounted on an existing structure, no Antenna shall impair the function of said structure.
g. Antenna placement shall not impair light, air, or views from adjacent windows.
h. No more than two (2) collocated Small Wireless Telecommunications Facilities shall be permitted on a single utility pole.
2. Accessory Equipment Standards
a. Accessory Equipment shall not exceed fifteen (15) cubic feet in volume but may be increased to up to 28 cubic feet if the applicant shows that such dimensions are required to provide wireless service and that no less intrusive means of providing such wireless service is technically feasible. Equipment utilized solely for the minimization or mitigation of the aesthetic impact of the Small Wireless Telecommunications Facility shall not be included in the Accessory Equipment volume calculation.
b. Accessory Equipment shall be mounted flush to the side of a utility pole, or as near flush to the side of a utility pole as technically feasible.
c. Accessory Equipment shall be mounted so as to provide a minimum of eight (8) feet vertical clearance from ground level. Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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d. Accessory Equipment shall be of a color that reasonably matches the utility pole upon which such Accessory Equipment is mounted.
e. All Accessory Equipment except for utility related equipment and cabling shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible.
f. All Small Wireless Telecommunications Facilities shall post a sign in a readily visible location identifying the owner’s permit number and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency. All signage associated with a Small Wireless Telecommunications Facility shall be approved by the City Commissioner of Development.
g. Accessory Equipment placement shall not impair light, air, or views from adjacent windows. To the extent technically feasible, all Accessory Equipment shall be placed facing away from adjacent windows and the primary pattern of pedestrian and vehicular traffic.
h. No Accessory Equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law.
3. Wiring Standards
a. Exposed wiring is prohibited on any Small Wireless Telecommunications Facility, Accessory Equipment, or Accessory Equipment enclosure.
b. Transmission, fiber, power cables and any other wiring shall be contained within any utility pole for which such concealment is technically feasible. If wiring cannot be contained within the utility pole, all wiring shall be contained within conduit or U-guard that is flush-mounted to the utility pole.
c. All wiring shall be installed without excessive slack or extra cable storage on the utility pole.
Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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d. Any conduit or U-guard shall be of a color that reasonably matches the utility pole to which the Small Wireless Telecommunications Facility is attached.
e. Loops of extra wiring shall not be attached to any utility pole.
SECTION IV. UTILITY POLE STANDARDS 1. Replacement Utility Poles. Any proposed replacement utility pole must be approved by the Commissioner of Public Works and must comply with the following:
a. The maximum height of any proposed replacement utility pole shall be: 1) no more than ten (10%) percent taller than the tallest existing utility pole in the public rights-of-way within a two hundred fifty (250) foot radius of the proposed Small Wireless Telecommunications Facility; or 2) fifty (50) feet above ground level, whichever is greater.
b. Any replacement utility pole shall be of comparable materials and design to the existing utility pole.
c. Any replacement utility pole shall be placed within a seven (7) foot radius of the existing utility pole being replaced.
d. Any replacement utility pole shall be designed to accommodate all uses that existed on the utility pole being replaced. As part of an application for a Small Wireless Telecommunications Facility, the applicant shall provide documentation from a structural engineer licensed in the State of New York certifying that the proposed replacement pole has been designed to safely withstand all applicable loads and stresses in addition to those imposed by the proposed Small Wireless Telecommunications Facility and the existing uses.
e. Any replacement utility pole shall not deviate from the predominant pattern of existing adjacent structures.
2. New Utility Poles
a. The maximum height of any new utility pole shall be: 1) no more than ten (10%) percent taller than the tallest existing utility pole in the public rights Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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of-way within a two hundred fifty (250) foot radius of the proposed Small Wireless Telecommunications Facility; or 2) fifty (50) feet above ground level, whichever is greater. b. Any new utility pole shall be installed in accordance with the predominant pattern of existing adjacent structures. c. To the extent technically feasible, no new utility pole shall be installed:
i. In the Front Façade Area of any commercial or residential building;
ii. Directly in front of a window of any residential structure;
iii. Within ten (10) feet of the edge of any driveway;
iv. In the public rights-of-way directly opposite any driveway; or
v. In violation of the design standards contained herein. d. Decorative Poles:
i. Decorative Poles shall not be replaced unless the applicant demonstrates that no other feasible alternative exits.
ii. For any replacement Decorative Pole, the new Decorative Pole shall match the existing Decorative Pole in shape, design, color, and material.
iii. All replacement Decorative Poles shall comply with the requirements of Section III(1) of this Design Manual.
Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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SECTION V. APPROVAL 1. The City Commissioner of Development shall reasonably determine whether a proposed Small Wireless Telecommunications Facility design complies with the requirements of this Design Manual.
2. Any requests for relief from the requirements of this Design Manual shall be considered on a case-by-case basis by the City Commissioner of Development and the City Commissioner of Development shall have reasonable discretion to provide relief. Relief may be granted if necessary to prevent the effective prohibition of wireless service pursuant to the Rules of the Federal Communications Commission. SECTION VI. PRIOR APPROVED DESIGNS A record of Prior Approved Designs shall be kept on file at the City Bureau of Buildings.
Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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Small Wireless Telecommunications Facility Design Checklist The information detailed in the following checklist shall be included with any application for a Small Wireless Telecommunications Facility: Item Description Included in Application?
Yes No Cover Letter The application shall include a cover letter detailing the location of the proposed site, all equipment being proposed, and a certification that the applicant has included all information required by the City Code. Site • Construction drawings shall show all Information proposed equipment associated with the Small Wireless Telecommunications Facility. • The manufacturer and model, proposed location, and dimensions of each piece of equipment should be clearly shown. • Before and after diagrams of the proposed site showing the dimensional changes shall be included. • If the proposed utility pole supports existing attachments, the construction drawings shall show the location and dimensions of all such attachments. • If installation of a new utility pole is being proposed, the construction drawings shall include the color, dimensions, material and type of utility pole proposed. • Aerial photos showing the location of any existing structures within five hundred (500) feet of the proposed location, including but not limited to residential structures, commercial structures, light poles, traffic signals, traffic signage, and existing utility poles. Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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Photo • Photo simulations shall depict the Simulations Small Wireless Telecommunications Facility from at least one location near the proposed site. The City may request photo simulations from additional locations at its discretion. • The photo simulations should reflect the proposed design and location of all Accessory Equipment associated with the Small Wireless Telecommunications Facility.
Paint • Accessory Equipment shall be painted a color that reasonably matches the utility pole upon which such Accessory Equipment is mounted. • Application shall detail the proposed painting of any Accessory Equipment necessary to achieve aesthetic uniformity of the site. Wiring • All proposed wires associated with the Small Wireless Telecommunications Facility shall be clearly shown. • A depiction and description of the concealment methods to be utilized for the wiring shall be included. • No exposed wiring is permitted.
Attachment: Small Wireless Telecommunications Facility Design Manual REVISED (1969 : AMENDMENTS TO SECTION 331-99, WIRELESS
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City of New Rochelle Law
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Kathleen E. Gill, Corporation Counsel DATE: March 17, 2020 SUBJECT: DIRECTING PUBLIC HEARING RE: PROPOSED ORDINANCE AMENDING ZONING CODE, CHAPTER 331, SECTION 331-99, WIRELESS TELECOM FACILITIES - Resolution scheduling a Public Hearing relative to the proposed ordinance amending Section 331-99, Wireless Telecommunication Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle.
Resolution scheduling a Public Hearing relative to the proposed ordinance amending Section 331-99, Wireless Telecommunication Facilities, of Chapter 331, Zoning, of the Code of the City of New Rochelle.
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LEGISLATION RESOLUTION SCHEDULING A PUBLIC HEARING RELATIVE TO THE PROPOSED ORDINANCE AMENDING SECTION 331-99, WIRELESS TELECOMMUNICATION FACILITIES, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE.
BE IT RESOLVED by the City Council of the City of New Rochelle:
This Council shall hold a public hearing on April 14, 2020 at 7:00 p.m. in the Council Chambers, 515 North Avenue, New Rochelle, New York, on the proposed amendment to Chapter 331, Zoning, of the Code of the City of New Rochelle:
ORDINANCE AMENDING SECTION 331-99, WIRELESS TELECOMMUNICATION FACILITIES, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE. and, be it further
RESOLVED, that the proposed amendments are hereby referred to the New Rochelle Planning Board and Westchester County Planning Department for their review and recommendation; and be it further
RESOLVED, that the City Clerk give due notice of said public hearing.
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City of New Rochelle Public Works
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Scott Pickup, Public Works Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: TRUCK RESTRICTION - CLEVELAND AVENUE - Ordinance amending Section 312-81, Schedule X: Trucks Excluded, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle (Cleveland Avenue).
The Department of Public Works and New Rochelle Police Department have been made aware of multiple instances of over size trucks and tractor trailers using Cleveland Avenue as a through street. As this street is characterized by a narrow cross-section and multiple curves that cannot accommodate large trucks, it is recommended that trucks be excluded from using Cleveland Avenue as a through street. The following code change is required to address this issue:
(Matter underlined added)
§ 312-81 Schedule X: Trucks Excluded. In accordance with the provisions of § 312-36, trucks are hereby excluded from the following streets or parts of streets, except for the pickup and delivery of materials on such streets:
Name of Street Location Cleveland Avenue Entire Length
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LEGISLATION ORDINANCE AMENDING SECTION 312-81, SCHEDULE X: TRUCKS EXCLUDED, OF CHAPTER 312, VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEW ROCHELLE (CLEVELAND AVENUE).
BE IT ORDAINED by the City of New Rochelle:
The New Rochelle City Code, Section 312-81, Schedule X: Trucks Excluded, of Chapter 312, Vehicles and Traffic, is hereby amended as follows:
§ 312-81. Schedule X: Trucks Excluded.
In accordance with the provisions of §312-36, trucks are hereby excluded from the following streets of parts of streets, except for the pickup and delivery of materials on such streets:
Name of Street Location
Cleveland Avenue Entire length
Matter underlined added.
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City of New Rochelle Public Works
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Scott Pickup, Public Works Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: SCHOOL SPEED LIMITS - CALHOUN AND WEBSTER AVENUES - Ordinance amending Section 312-73, Schedule II: Speed Limits, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle (Calhoun Avenue and Webster Avenue).
At the request of the Daniel Webster Elementary School and the City Manager, a traffic study was conducted to determine the need for reduced regulatory School Speed Limits adjacent to the school. It was determined that Calhoun Avenue meets the criteria as specified in the National Manual on Uniform Traffic Control Devices and NYS Supplement for a 20 MPH reduced School Speed Limit along the school frontage. In addition, the existing posted 20 MPH School Speed Limit on Webster Avenue should be added to the Municipal Code. The following changes are recommended: (Matter underlined added)
§ 312-73 Schedule II: Speed Limits. [Amended 6-20-1995 by Ord. No. 155-1995; 1-16-1996 by Ord. No. 14-1996; 1-18-2000 by Ord. No. 14-2000; 7-17-2001 by Ord. No. 153-2001] In accordance with the provisions of § 312-28, speed limits other than 30 miles per hour are established as indicated upon the following streets or parts of streets: Name of Street Speed Limit Location Hours/Days (mph) Calhoun Avenue 20 From Watkins Place 7:00 a.m. to 6:00 p.m./School days to Glenmore Drive Webster Avenue 20 From Kress Avenue 7:00 a.m. to 6:00 p.m./School days to Thomas Place
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LEGISLATION ORDINANCE AMENDING SECTION 312-73, SCHEDULE II: SPEED LIMITS, OF CHAPTER 312. VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEW ROCHELLE (CALHOUN AVENUE AND WEBSTER AVENUE).
BE IT ORDAINED by the City of New Rochelle:
The Code of the City of New Rochelle, Section 312-73, Schedule II: Speed Limits, of Chapter 312 (Vehicles and Traffic) is hereby amended as follows:
§ 312-73, Schedule II: Speed Limits.
In accordance with the provisions of § 312-28, speed limits other than 30 miles per hour are established as indicated upon the following streets or parts of streets:
Name of Speed Limit Location Hours/Days Street (mph)
Calhoun Avenue 20 From Watkins Place to 7:00 a.m. to 6:00 Glenmore Drive p.m./School days
Webster Avenue 20 From Kress Avenue to 7:00 a.m. to 6:00 Thomas Place p.m./School days
Matter underlined added.
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City of New Rochelle Public Works
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Scott Pickup, Public Works Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED AWARD OF BID RE: TRAFFIC SIGNAL REPAIRS AT VARIOUS LOCATIONS, PROJECT 19-012B - Resolution accepting the lowest dollar bid of Verde Electric Maintenance Corporation relative to traffic signal construction and repair at various locations (Project No. 19-012B).
PROPOSED AWARD OF BID FOR TRAFFIC SIGNAL CONSTRUCTION AND REPAIR AT VARIOUS LOCATIONS- PROJECT 19-012B: Resolution Accepting the Lowest Dollar Bid From Verde Electric Maintenance Corp. Relative to Traffic Signal Construction and Repair at Various Locations.
ORIGINATOR: Department of Public Works
SUMMARY DESCRIPTION: Traffic Signal Construction and Repair at Various Locations, Project No. 19-012B.
This work involves the replacement of traffic signal equipment at multiple intersections to bring equipment to a state of good repair as listed below: 1. North Avenue at Lovell Road- New steel poles, span wire, cabinet, controller, 12" signal heads, pedestrian signals with countdown timers, wiring, ADA compliant ramps. 2. Pinebrook Boulevard @ Albert Leonard Road- New steel poles, span wire, cabinet, controller, 12" signal heads, pedestrian signals with countdown timers, wiring, ADA compliant ramps. 3. Coligni Avenue at Brook St/Mount Joy Place- New steel poles, span wire, cabinet, controller, signal heads, wiring. 4. Brook Street at Horton Avenue- New steel poles, span wire, cabinet, controller, signal heads, wiring. 5. Stephenson Boulevard at Monroe Street- New steel poles, span wire, cabinet, controller, 12" signal heads, wiring. 6. Union Avenue at First Street- New steel poles, span wire, cabinet, controller, signal heads, wiring. 7. Fifth Avenue at Portman Road/City Park- New steel poles, span wire, 12" signal heads, wiring.
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8. Potter Avenue at Pierce Street- New span wire, 12" signal heads, wiring. 9. Fifth Avenue at Potter Avenue- New span wire, controller, 12" signal heads, pedestrian signals with countdown timers, wiring, ADA compliant ramps. 10. Locust Avenue at Union Street- New span wire, cabinet, controller, signal heads, wiring.
RESULTS OF BIDS: Bids for the above Project were received at 10:00 A.M. on February 21, 2020. Two (2) contractors submitted valid bids as follows:
POSITION CONTRACTORS TOTAL BID 1. Verde Electric Maintenance Corp. $808,968.25 2. The NY-CONN Corporation $901,075.00
CONSTRAINTS & CONSULTANTS: The time for completion is 365 calendar days from the Notice to Proceed.
DEPARTMENT RECOMMENDATION:
The Department of Public Works recommends approval and awarding this project to the low bidder, Verde Electric Maintenance Corp., at their total bid price of $808,968.25. Quantities may be increased based upon unit bid pricing and when budgetary appropriation allows for such increase.
TOTAL CONTRACT COST & FUNDING REQUIRED:
Base Bid $ 808,968.25
If necessary and if additional Funding is available, contract items may be increased not to exceed 30% of the Base Bid amount ($242,690.48)
FUNDING Funds are available from the following Accounts:
3310H-20180-2001 $ 706,039.75 3310-20180 $ 102,658.50
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TOTAL = $ 808,698.25
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LEGISLATION RESOLUTION ACCEPTING THE LOWEST DOLLAR BID OF VERDE ELECTRIC MAINTENANCE CORPORATION RELATIVE TO TRAFFIC SIGNAL CONSTRUCTION AND REPAIR AT VARIOUS LOCATIONS (PROJECT NO. 19-012B).
WHEREAS, this project involves the replacement of traffic signal equipment at multiple intersections to bring equipment to a state of good repair, as listed below:
1. North Avenue at Lovell Road- New steel poles, span wire, cabinet, controller, 12" signal heads, pedestrian signals with countdown timers, wiring, ADA compliant ramps. 2. Pinebrook Boulevard @ Albert Leonard Road - New steel poles, span wire, cabinet, controller, 12" signal heads, pedestrian signals with countdown timers, wiring, ADA compliant ramps. 3. Coligni Avenue at Brook St/Mount Joy Place- New steel poles, span wire, cabinet, controller, signal heads, wiring. 4. Brook Street at Horton Avenue- New steel poles, span wire, cabinet, controller, signal heads, wiring. 5. Stephenson Boulevard at Monroe Street- New steel poles, span wire, cabinet, controller, 12" signal heads, wiring. 6. Union Avenue at First Street- New steel poles, span wire, cabinet, controller, signal heads, wiring. 7. Fifth Avenue at Portman Road/City Park- New steel poles, span wire, 12" signal heads, wiring. 8. Potter Avenue at Pierce Street- New span wire, 12" signal heads, wiring. 9. Fifth Avenue at Potter Avenue- New span wire, controller, 12" signal heads, pedestrian signals with countdown timers, wiring, ADA compliant ramps. 10. Locust Avenue at Union Street- New span wire, cabinet, controller, signal heads, wiring.
and WHEREAS, competitive bids were solicited for the project; and
WHEREAS, twp (2) contractors submitted valid bids, as follows:
TOTAL EXCEEDS LOW BIDDER POSITION CONTRACTOR BID BY $ AMOUNT PERCENT
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1 Verde Electric Maint. Corp. $808,968.25 ------2 The NY-CONN Corporation $901,075.00 $92,106.75 11% and
WHEREAS, the Department of Public Works has recommended the award of this project to the lowest dollar bidder, Verde Electric Maintenance Corporation; now, therefore, BE IT RESOLVED by the Council of the City of New Rochelle as follows:
1. The lowest dollar bid of Verde Electric Maintenance Corporation for their total bid price of $808,968.25 is hereby accepted and the City Manager is hereby authorized to execute the appropriate contractual documents.
2. If necessary and if additional funding is available, contract items may be increased not to exceed 30% of the base bid amount ($242,690.48).
2. Funds to defray the cost of the foregoing are available from the following accounts:
3310H-20180-2001 $706,039.75 3310-20180 $102,658.50
TOTAL: $808,968.25
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City of New Rochelle Parks & Recreation
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: William Zimmermann, Parks & Rec Commissioner DATE: March 17, 2020 SUBJECT: PROPOSED ACCEPTANCE OF ANNUAL ALLOCATION FROM THE CITY SCHOOL DISTRICT RE: MY BROTHER'S KEEPER; AND PROPOSED AMENDMENT TO THE 2020 BUDGET - Ordinance accepting matching funds in the amount of $40,000 from the New Rochelle School District in support of My Brother’s Keeper initiative, amending Ordinance No. 270 of 2019, the Budget of the City of New Rochelle for 2020, and appropriating funds therefor.
As you are aware, the City of New Rochelle and the City School District co-sponsor My Brother's Keeper program. As part of this partnership, we have received matching funds in the amount of $40,000.00 from the City school District to operate the MBK program for 2020.
RECOMMENDATION: We recommend that the City Council adopt a resolution accepting and appropriating matching funds in the amount of $40,000.00 from the City School District. Also, to authorize the City Manager to execute such documentation as may be necessary and required to file and accept the $40,000.00 in matching funds.
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LEGISLATION ORDINANCE ACCEPTING MATCHING FUNDS IN THE AMOUNT OF $40,000 FROM THE NEW ROCHELLE SCHOOL DISTRICT IN SUPPORT OF MY BROTHER’S KEEPER INITIATIVE, AMENDING ORDINANCE NO. 270 OF 2019, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2020, AND APPROPRIATING FUNDS THEREFOR.
WHEREAS, the City of New Rochelle and the School District of New Rochelle have formed a partnership with regard to the My Brother’s Keeper Initiative; and
WHEREAS, as part of this partnership, City staff recommends that the City accept matching funds in the amount of $40,000 from the New Rochelle School District in support of this program for 2020; now, therefore
BE IT ORDAINED by the City of New Rochelle:
Section 1. The Council of the City of New Rochelle hereby accepts the matching funds from the New Rochelle School District in the amount of $40,000 in support of the My Brother’s Keeper Initiative.
Section 2. Ordinance No. 270 of 2019, the budget of the City of New Rochelle for 2020, is hereby amended in order to provide for the acceptance and implementation of the $40,000 matching funds, as follows:
Increase Estimated Revenues:
7319-2350 Reimbursement - NRSD $40,000
Increase Appropriations:
7319 13000 Salaries - Hourly $17,700 7319 82500 Fringes - MCT 60 7319 83000 Fringes - Social Security 1,100 7319 83500 Fringes - Medicare 255 7319 85000 Fringes - Workers Comp 885 7319 46000 Contracted Services 20,000
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Section 3. The City Manager is hereby authorized to execute such documentation as may be necessary to accept these funds.
ATTACHMENTS: 1. MBK SD Letter
Packet Pg. 75 14.a Attachment: MBK SD Letter (1970 : PROPOSED ACCEPTANCE OF ANNUAL ALLOCATION FROM THE CITY SCHOOL DISTRICT RE: MY
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City of New Rochelle Personnel
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Christine Dodge, Human Resources Commissioner DATE: March 17, 2020 SUBJECT: (See Regular Legislative Meeting Agenda for revised proposed amendment) PROPOSED AMENDMENT TO 2020 BUDGET RE: CREATION OF NEW POSITIONS IN THE OFFICE OF INFORMATION TECHNOLOGY (IT) - Ordinance creating new positions within the Office of Information Technology, and amending existing positions. (Held 1/14/20)
Background In an effort to modernize and streamline the Information Technology Department, Human Resources is recommending the addition of three new titles as per the IT Staffing Assessment of April 2018. These positions were created in coordination with the Executive Director of IT who is responsible for providing management and direction for the use of all technology, as well as the leadership role in reengineering the business processes and underlying IT infrastructures to achieve more productive, efficient and valuable use of systems and information within the City.
Recommendation The Department of Human Resources recommends that the City Council create the following titles:
· Infrastructure and Support Supervisor Nonrep V · Business Technology Supervisor Nonrep V · Senior Business Systems Specialist CSEA 12
In addition, the following changes need to be made to existing positions:
Transfer the IT positions into the IT budget as follows: · PC Support Specialist position 1739 will remain in the IT budget (org 1680) · Systems Engineer position 2295 is to be transferred from org 3128 (PD) to org 1680 (IT) · Senior Systems Engineer position 1318 is to be split 50/50 between org 3128 (PD) and org 1680 (IT)
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LEGISLATION ORDINANCE CREATING NEW POSITIONS WITHIN THE OFFICE OF INFORMATION TECHNOLOGY AND AMENDING EXISTING POSITIONS.
WHEREAS, in an effort to modernize and streamline the Information Technology Department, Human Resources is recommending the addition of three new titles as per the IT Staffing Assessment of April 2018; and
WHEREAS, these positions were created in coordination with the Executive Director of IT who is responsible for providing management and direction for the use of all technology, as well as the leadership role in reengineering the business processes and underlying IT infrastructures to achieve more productive, efficient and valuable use of systems and information within the City; now, therefore
BE IT ORDAINED, by the Council of the City of New Rochelle:
Section 1. The creation of positions in the Information Technology Department is hereby authorized as follows:
· Infrastructure and Support Supervisor Nonrep V · Business Technology Supervisor Nonrep V · Senior Business Systems Specialist CSEA 12
Section 2. Changes to existing positions are hereby authorized as follows:
The following positions shall be transferred into the IT budget as follows:
· PC Support Specialist position 1739 will remain in the IT budget (org 1680) · Systems Engineer position 2295 is to be transferred from org 3128 (PD) to org 1680 (IT) · Senior Systems Engineer position 1318 is to be split 50/50 between org 3128 (PD) and org 1680 (IT)
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City of New Rochelle City Manager
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Charles Strome III, City Manager DATE: March 17, 2020 SUBJECT: PROPOSED SCONDARY STREET NAMING - Requested by City Manager DISCUSSION ITEM The Police Association of New Rochelle is requesting that the City consider a secondary street naming of Church Street Extension for Police Officer Gary Pagano who was killed in the line of duty in 1982. The incident in 1982 occurred in the area of Church Street Extension.
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City of New Rochelle City Manager
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Charles Strome III, City Manager DATE: March 17, 2020 SUBJECT: STATE PLASTIC BAG LAW - Requested by City Manager DISCUSSION ITEM In the recently approved New York State Budget, the State included a ban on plastic bags that will take effect on or after March 1, 2020. The State legislation allows the legislative body of any county and city to impose a fee ($0.5 cents) on paper carry-out bags through local law to take effect on or after March 1, 2020. This is an opt-in. Therefore, there will be no fee unless the County or City chooses to act. If a County and a City wholly within such County (as is the case with New Rochelle) both impose a fee, then the fee imposed by such County does not apply within the territorial limits of the City. The paper bag fee cannot apply to customers using the Supplemental Nutritional Assistance Program (SNAP), the Women, Infants, and Children (WIC) program, or any successor programs used as full or partial payment. If the County or City imposes a paper bag fee locally, the Comptroller will pay 40 percent of the paper bag fee ($0.02) to the County or City that imposed it for the purpose of purchasing and distributing reusable bags, with priority given to low and fixed-income communities. Any funds that have not been used for this purpose must be returned to the Comptroller and deposited into the General Fund for the State to purchase and distribute reusable bags. The remaining 60 percent of the fee (0.03) is deposited into the State's Environmental Protection Fund.
The legislation explicitly preempts local plastic bag laws.
As of now, the County has not taken any action relative to adoption of the fee for paper bags. As such, the City can implement our own fee. I suggest we have a City Council discussion about this matter.
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City of New Rochelle City Manager
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Charles Strome III, City Manager DATE: March 17, 2020 SUBJECT: ESTABLISHMENT OF ADVISORY COMMITTEE ON IMMIGRANT AFFAIRS - Requested by Mayor Bramson and Council Member Lopez DISCUSSION ITEM
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City of New Rochelle City Manager
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Charles Strome III, City Manager DATE: March 17, 2020 SUBJECT: TRAFFIC CALMING FUND AND MANUAL - Requested by Council Member Kaye DISCUSSION ITEM
Packet Pg. 82 City of New Rochelle City Clerk
MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Michelle Oliveros, City Clerk DATE: March 17, 2020 SUBJECT: FORMER MEMBERS OF CITY COUNCIL - HONORABLE LOUIS J. TRANGUCCI, CITY COUNCIL DISTRICT 1; HONORABLE JARED R. RICE, CITY COUNCIL DISTRICT 3; HONORABLE BARRY R. FERTEL, CITY COUNCIL DISTRICT 5 DISCUSSION ITEM PRESENTATION OF COMMENDATIONS TO FORMER MEMBERS OF CITY COUNCIL
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