City Clerk's Office New Rochelle, New York

CITY CLERK'S OFFICE NEW ROCHELLE, NEW YORK

February 20, 2013

FROM: CITY CLERK

SUBJECT: LEGISLATION ADOPTED BY CITY COUNCIL AT THE REGULAR LEGISLATIVE MEETING HELD ON TUESDAY, FEBRUARY 19, 2013

SUBJECT

COMMENDATIONS 23 Resolution commending the New Rochelle High School Varsity Team on winning the National High School Cheerleading Championships in its division in Orlando, Florida (To follow).

24 Resolution commending the New Rochelle High School Junior Varsity Team on winning the National High School Cheerleading Championships in its division in Orlando, Florida. (To follow)

AMENDMENT TO 2013 BUDGET RE MUNICIPAL IMPACT FEE- MAPLE TERRACE FROM THE GENERAL FUND TQ THE PARKING FUND 25 Ordinance amending Ordinance No. 196 of 2012, the Budget of the City of New Rochelle for 2013, relative to the transfer of funds from the General Fund to the Parking Enterprise Fund (Maple Terrace Senior Housing Project).

LICENSE AGREEMENT WITH JEN'S COMMUNITY AT WILDCLIFF 26 Resolution authorizing a license agreement for the use of Wildcliff Manor by Jen's Community at Wildcliff for its educational program, "Back to the Wild, a Discovery Series for Children and Their Adults" from March 1, 2013, through April 30, 2013.

AUTHORIZATION TO ENTER INTO CONTRACT FOR REAL ESTATE BROKER SERVICES FOR SELECTED CITY-OWNED PROPERTIES 27 Resolution authorizing the City Manager to enter into a contract with Houlihan Parnes Realtors, LLC, to provide real estate broker's services for selected City-owned properties. Legislation Adopted Tuesday, February 19, 2013 2

SUBJECT

AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE PARKING PERMIT ZONES FOR PUBLIC BUSINESS AT OR ADJACENT TO GOVERNMENT FACILITIES 794 NORTH AVENUE (HUGUENOT CHILDREN'S LIBRARY) 28 Ordinance amending Section 312-96 (Schedule XXV: Parking Permit Zones for Public Business at or Adjacent to Government Facilities) of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle (Huguenot Children's Library).

AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE CHAPTER 316 -BOOTING OF VEHICLES 29 Ordinance amending Chapter 316, Vehicles, Towing of, the Code of the City of New Rochelle.

AMENDMENT TO 2013 BUDGET RE: FIRE ACT GRANT 30 Ordinance accepting the Assistance to Firefighters Grant from the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security for purchasing equipment for the New Rochelle Fire Department, amending Ordinance No. 218 of2011, the Budget of the City of New Rochelle for 2012, and appropriating funds therefor.

WESTCHESTER COUNTY FIRE MUTUAL AID PLAN 31 Resolution approving the City of New Rochelle Fire Department participation in the Westchester County Fire Mutual Aid Plan.

AMENDMENT TO 2013 BUDGET RE: PARKING ANALYSIS- CORE RESTAURANT DISTRICT 3 2 Ordinance authorizing the City Manager to enter into a contract with the Downtown New Rochelle Business Improvement District for parking analysis of the Downtown New Rochelle Core Restaurant District, amending Ordinance No. 196 of2012, the Budget ofthe City of New Rochelle for 2013, and appropriating funds in accordance thereto. End of Consent Agenda

STREET NAME CORRECTIONS 33 Resolution authorizing the correction of various street names. Legislation Adopted Tuesday, February 19, 2013 3

SUBJECT

APPLICATIONS - SPECIAL PERMIT FOR THE OPERATION OF CABARET 8 South Division Street Corporation: 34 Resolution declaring Lead Agency status relative to the application of Zabidury Restaurant Lounge and Cabaret for a Special Permit pursuant to Section 331.113.2, Cabarets with Public Assembly Occupancy Limit not to exceed 250 persons, of the Code of the City of New Rochelle, with respect to Zabidury Restaurant Lounge and Cabaret located at 8 South Division Street.

35 Resolution setting a Public Hearing on Tuesday, March 12, 2013, at 7:30PM

APPLICATIONS- SPECIAL PERMIT FOR THE OPERATION OF CABARET Alvin & Friends Restaurant: 36 Resolution declaring Lead Agency status relative to the application of Alvin & Friends Restaurant for a Special Permit pursuant to Section 331-113.2, Cabarets with Public Assembly Occupancy Limit not to exceed 250 persons, of the Code of the City of New Rochelle, with respect to the restaurant located at 12-14 Memorial Highway

37 Resolution setting a Public Hearing on Tuesday, March 12, 2013, at 7:30P.M.

AMENDMENT TO ZONING CODE RE VARIOUS ZONING TEXT AMENDMENTS Negative Declaration: 38 Resolution issuing a Negative Declaration of Environmental Significance Under the Regulations Promulgated by the New York State Department of Environmental Conservation and directing compliance with same regarding the action amending various sections of Chapter 331, Zoning, of the New Rochelle Zoning Code.

39 Ordinance amending various sections of Chapter 331, Zoning, of the New Rochelle Zoning Code. Legislation Adopted Tuesday, February 19, 2013 4

SUBJECT

PROPOSED AMENDMENT TO 2013 BUDGET RE ASSIST ANT TO POLICE COMMISSIONER POSITION DEFEATED Ordinance amending Ordinance No. 196 of 2012, the Budget of the City of New Rochelle for 2013, relative to establishing three Assistant Police Commissioner positions -Grade 8 in the Police Department

Next Committee of the Whole Session: Tuesday, March 12, 2013, at 3:45P.M. Next Regular Legislative Meeting: Tuesday, March 19, 2013, at 7:00P.M.

BENNIE F. GILES, III CITY CLERK BFG:MLS:rac City of New Rochelle, N.Y. -~ Dist Member Yeas Nays I Abs\aic I Absem ~ Introduced On: 0-/; "- lt3 1'' Trangucci v Introduced By: 2"" · Taraniino v Held: 30 Rice .v i Adopted: 4' Hyden I v jl No. 5th Ferte! Council Members Louis J. Trangucci, ...... 61h Rackman ,/ Moved: Albert A. Tarantino, Jr., Jared R. Rice ' ~n~ Ivar Hyden, Barry R. Fertel, Mayor Bramson ,...., Seconded: Shari B. Rackman and Mayor Noam Brarns I

"' A roved As To Form: 3. /, Corporation Counsel su~~ECT ~ ORDINANCE AMENDING ORDINANCE NO. 196 OF 2012, THE BUDGET OF THE CITY Of NEW ROCHELLE FOR 2013, TITLE RELATIVE TO THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE PARKING ENTERl'RlSE FUND (MAPLE TERRACE SENIOR HOUSING PROJECT).

WHEREAS, the Maple TelTdce Senior Housing Project located at 55 Maple Avenue is a l 0 1-unit, af!Ordablc senior residence which will undergo a renovation made possible by funds available through federal and state tax credits and New York State bonds; and

WHEREAS, in April of2012, the City Council approved a 32-year PILOT agreement in recognition of the fact that the project cannot sustain full taxes; and

WHEREAS, the financing for this project, which closed in December of 2012, included a one-time municipal impact fee of $250,000 which is intended to be used for infrastmcture improvements to municipal parking facilities in the vicinity of the Maple Terrace Project; and

WHEREAS, it is anticipated that the funding will be used for the installation of cameras al the Prospect Parking Lot, single pay stations, improved lighting on the roof and other improvements at the Church-Division Oarage; now, therefore,

BE IT ORDAINED by the City ofNew Rochelle:

Section 1. Ordinance No. 196 of20 12, the Budget of the City of New Rochelle for 2013, is hereby amended as f-Ollows;

Increase Estimated Revenue- General Fund:

D42.M Municipal Impact fees $250,000

Increase Appropriations- General Fund:

IT93F Transfer to Parking Fund $250.000

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk

Authenticated and certified tO~i~s~. (! (_/ l9th.dayof Februal:"J'._20 13 City of New Rochelle, N.Y. Oist I Member f! Yeas I NayE_ I Abstai:l Absent Introduced On: .2/o /:3 1" j Trangucci II vi I Introduced By: 2"' · Tarantino j v Held: 3" Rice I I v Adopted: 4th i Hyden ~---1 No. 5" Fertel h;;' ;2." Council Members Louis J. Trangucci, Moved·. Albert A. Tarantino, Jr., Jared R. Ric e 6' Rackman ~ V' I {and} Ivar Hyden, Barry R. Fer tel, Mayor Bramson ~ i/ I.\ Seconded: Shari B. Rackman and Mayor Noam Bram s J S:t Approved As To Form: [~ Ah ~ \ t I Corporation Counsel SUBJECT RESOLUTION AUTHORIZING A LICENSE OR AGREEMENT FOR THE USE OF WJLDCLIFF TITLE MANOR BY JEN'S COMMUNITY AT WILDCLIFF FOR ITS EDUCATIONAL PROGRAM, "BACK TO THE WILD, A DISCOVERY SERIES FOR CHILDREN AND THEIR ADULTS", FROM MARCH I, 2013 THROUGH APRIL 30,2013.

WHEREAS, in summer 2010 City staff vvas approached by local school teachers interested in WiJdcliff Manor for the purpose of opening len's Community at \Vildcliff ("JCW"), a cooperative nursery school that focuses on science and the arts through interaction ·with nature and the environment at Wildcliff Manor and Hl!dson Park; and

WHEREAS, last season, Jen's Community requested the use of the Wildcliff property to conduct ongoing events to "ReDiscover Wildcli±f' and is now requesting use of the property for the pU11Joses of operating om educational program, "Back to the Wild, a Discovery Series for Children and Their Adults", which consists of a one a \Veek, two hour guided outdoor exploration with a certified instructior; now, therefore

BE IT RESOLVED by the Council oftl1e City of New Rochelle:

Jcn's Community at \Vildcliff is authorized to use the Wildcliff property ±fom March l, 2013 through April 30.2013 for its education program, "Back to the Wild. a Discovery Series for Children and Their Adults" upon such terms and conditions as outlined in the License Agreement, along with such other terms and conditions that may be acceptable to City Manager and Corporation CounseL

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb,, 2013) BENNIE F. GILES, III, City Clerk

Authenticated and certified this /&Md!Ji41Ji? 19_t;h_ day of Fe bru<'!Ll'_ 20 1 Ot ;:- City Clerk LICENSE AGREEMENT

This License Agreement dated as of March---~' 2013, by and between the City of New Rochelle, a New York municipal Corporation with offices at 515 North Avenue, New Rochelle, New York 10801 ("City"), and Jen's Community at Wildcliff, 64 Sagamore Road, Bronxville, NY 10708 (".Ten's Community").

The City and Jen's Community hereby agree as follows:

1. Licensed Space and Use. The City hereby grants to Jen's Community a revocable License for non-exclusive use of the Wildcliff Manor property and grounds, a City-owned facility located on Wildclifi Road, New Rochelle, New York ("Licensed Space"). The Licensed Space shall be used for the purposes of operating an educational program, "Back to the Wild, A Discovery Series for Children and Their Adults". The program consists of a once a week, two (2) hour, guided outdoor exploration with an instructor (ie. gardening, story time. plants and animals) for twelve (12) children ages 18 months to 5 year olds and a parent.

2. Term of License. The term of the License shall commence on March l, 2013 and shall end on April 30, 2013. However, the City may upon sixty (60) days WTitten notice to the Licensee, terminate this Agreement in whole or in part if the City deems it to be in its best interest.

3. Insurance. Jen's Community has obtained and shall maintain throughout the terms of this License Agreement, as evidenced by production of insurance certificate to the City, public liability and property damage insunmce, naming the City as additional insured in minimum coverage of One Million ($1,000,000) Dollars for public liability and One Million ($1,000,000) Dollars for property damage. SL!ch insurance coverage shall be primary to any other insurance coverage held by the City for the Licensed Space. The Licensee has also provided the necessary Certificates of Insurance and permits for all vendors participating during the term of the Agreement.

4. Independent Licensee. The Licensee understands that, as an independent licensee, it is not an agent or employee of the City while rendering the programming described in the aforementioned sections, nor shall it be covered under the City's personal injury, general liability, Worker's Compensation or retirement benefits. It is further understood that the Licensee shall hold harmless, defend and indemnify the City and its agents from and against any and all liability and damages arising out of Licensee's acts or omissions related to or involved in connection with this Agreement.

5. Exclusivitv. The City will not permit and/or entertain any outside "deemed competitive" educational prognm1ming and/or organizations to use Wildcliff property during the term of the Agreement. CITY OF NEW ROCHELLE

By: ------Charles R Strome, III City Manager

JEN'S COMMUNITY AT WILDCLTFF

By: ------Kerrilee Hunter, MS_Ed, Co-Founder City of New Rochelle, N.Y. ~ O!S! Member Nays ! Abstarn T- Absent !i Introduced On: ;c /13 tot 1 rangucci y::-1 d-/1 I I 11 Introduced By: 2r.d Tarantino i I • v ~ i Held: 3" Rice v I I I Adopted: 41r. Hyden I v I I ~I No. :;.. 7 5" I fertel Jr Council Members Louis J. Trangucci, v I I 6th Rackman , I I Moved: Albert A. Tarantino. Jr., Jared R. Rjc v ' {and} Ivar Hyden, Barry R. Fertel, Mayor Bramson 1 V' I I I Seconded: Shari B. Rckman and==· Noam Bram ± ~

SUBJECT 1 ORirI RESOLUTION AUTHORIZING THE CITY MANAGER TO TITLE · ENTER INTO A CONTRACT WITH HOULIHAN-PARNES REAL TORS, LLC, TO PROVIDE REAL ESTATE BROKER'S SERVICES FOR SELECTED CITY-OWNED PROPERTIES.

WHEREAS, in December 2012 a Requesl for Proposal ("RFP") was issnecl and proposals sought from qualified real estate brokers to assist with the leasing or selling and marketing of selected, City-owned propc1iies: and WHEREAS, three (3) proposals vvere received and evaluated by sta±I using the criteria of key _personnel and resources of the individual or firm, commission structure, experience and overall qualifications; and WHEREAS, City staff has recommended that the proposal fi·om Houlihan-Parnes Realtors, LLC, was judged most favorable for the City's needs; now, therefore, be it RESOLVED, by the Council of the City of New Rochelle, that the City manager is hereby authorized to enter into a contract with Houlihan-Parnes Realtors, LLC, to provide real estate broker's services for selected City-owned properties in accordance with the tem1s and conditions set forth in the attached Term Sheet.

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk

Authenticated and cert1f1ed this""'· j l'!J:.h day of February_20g \\~, .~ I Term Sheet

Agreement between the Cit"y of New Rochelle and Houlihan-Parnes Realtors, LLC to provide real estate broker services

1. The term of the contract shall be from! year with options to renew for additional years upon mutual consent.

2. The fee schedule shall be as follows:

Term Commission Rate Lease 1-3 yrs. 6% Lease 4-End of Term 3°/o City of New Rochelle, N.Y. /1 Dist ! Member .~ Yeas Na~ Abstain Absent , Introduced On: ;;;_j, :L!t3 \~angucci 1 .,;"' Introduced By: ] 2nG Tarantrno I V"' Held: Ja Rice +-_J II lv Adopted: Hyden j V ' ll_4"' i I ·- No . .;2.? 5"' I Fertel I V I Council Members Louis J. Trangucci, I Moved: Albert A. Tarantino. Jr .. Jared R. Rice 6'" [ Rackman 1 v' ' {and} Ivar Hyden, Barry R. Fertel, , Mayor Bramson ! y· Seconded:Shari B. Rackman and Mayor Noam Brams 0 I/,(, Approved As To Form: ~h~·,\\

SUBJECT } OR TITLE

BE IT ORDAINED by the City of New RocheJJe:

Section 1. The Code of the City of New Rochelle, Section 312-96, Schedule XXV·. Parking Permit Zones for Public Business at or A.djacent to Govemmenl Facilities, of Chapter 312 (Vehicles and Traffic) is hereby amended as follows:

§ 312-96. Schedule XXV: Parking Permit Zones for Public Business at or Adjacent to Government facilities.

In accordance with the provisions of§ 312~50, the following described streets or parts thereof are hereby designated as parking permit zones for public business at or adjacent to government facilities;

Name of Street Side Hours/Days Location

Nq,rth 7:00a.m. to 12:00 p.m.: In front of 794 North Avenue MonQav to Friday A venue for 20 feet (official vehicles only)

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk City of New Rochelle N . Y ' Dist M~ll}ber 17Nays I Abstain Ab Introduced On: ~;p./, 3 1st Trangucci j V , I ' Introduced By: 2"" Tarantino , V' I Held: 3rd Rice v I Adopted: I 4tt' Hyden l V' I No . 5!h Fertel j .2'? I j V' I Council Members Louis J. Trangucci, Rackman , 6" 1 v Moved: A]ber:t A. Iar:anU r:lQ, J :r ' l Jared R. Ej !:~ I {and) Ivar Hyden, Barry R. Fertel, Mayor Bramson IV[ I ~~ Seconded: Shari B. Rackman and Ma or Noarn Brams • '" Approved As To Form: /'(;/

SUBJECT 1 ORDINANCE AMENDING CHAPTER 3I6, VEHICLES, OR \ TOWING OF, OF THE CODE OF THE CITY OF NEW TITLE j ROCHELLE.

BE IT ORDAINED by the City of New Rochelle:

Section l. Chapter 316, "Vehicles, Towing of', shall hereafter be known as "Vehicles, Towing and Booting".

Section 2. Chapter 316 of the Code of the City of New Rochelle, is hereby amended as follows:

§ 316-l. Legislative findings.

It is hereby declared and found that the towing and booting of vehicles in the City of New Rochelle involves matter affecting the public interest and that certain improper practices related thereto should be subject to regulation for the purpose of protecting and safeguarding the public health, safety and welfare and to prevent and protect the public from fraud, abuses and unnecessary inconvenience.

Section 3. Chapter 316-2, Definitions, of the Code of the City of New Rochelle, is hereby amended as follows:

§ 316-2. Definitions.

As used in this chapter, the following tenns shall have the meanings indicated: BOOT To clamp, affix or lock a booting device onto the wheel of a motor vehicle to prevent the wheel from rotating, thereby immobilizing the vehicle.

HOOKUP Each and every step and action to be taken to totally secure and engage the vehicle to be towed to a tow tmck has been completely and finally taken so as to allow the operator of the tow truck to immediately remove and tow the vehicle in conformity with efficient and safe operating procedures.

OPERATOR

Authenticated and certified t{;i[ r LfiY { { 19th dayof February 20ILL ;'f; /,

Any individual, firm, association, joint venture, partnership, group, corporation, any other legal entity or combination of entities which provide the service of moving a motor vehicle by another vehicle for hire or the storage of vehicles after towing, or the service of booting and shall include, without limitation, owners of towing trucks, their agents and employees.

PRIVATELY OWNED REAL PROPERTY Real property owned by any individual, firm, association, joint venture, partnership, group corporation or any legal entity or combination of entities whatsoever, and shall include, without limitation, shopping centers, parking lots, apmiment houses and land used for commercial purposes.

TOWING The moving of a motor vehicle by another vehicle for hire.

TOWING TRUCK A vehicle which:

A. Is towing or transporting; or

B. Is equipped with crane, winch or other device designed to raise a vehicle or the front or rear end thereof.

§ 316-3. Removal of vehicles.

A. Where the operator of a towing truck removes an unattended motor vehicle from privately owned real property under the direction of the owner or an individual acting on behalf of the owner of such property, said operator, before removing said vehicle, shall notify the Police Department of the City of New Rochelle of the impending removal of the vehicle and provide to the Police Department the street address and telephone number of the premises where any person whose vehicle is removed may recover the same. In no event shall the operator of a towing truck require the owner of a vehicle to retrieve such towed vehicle from a location that is not within the limits of the City ofNew Rochelle.

B. Whenever the operator of a towing truck removes an unattended motor vehicle fi-om privately owned real property, all charges imposed for both towing and storage shall not exceed those authorized by the County of Westchester.

C. Whenever the operator of a towing truck removes an unattended motor vehicle fi-om privately owned real property to the site said operator maintains for such impounded vehicles, said operator shall provide at such site, on a twenty-four-hour-a-day basis, an individual authorized to release the impounded vehicle upon the payment of the authorized towing and storage charges. Upon release, the operator shall provide the owner of the impounded vehicle with a legible, numbered and signed receipt of payment.

D. Whenever a tow truck operator is about to remove an improperly parked vehicle from privately owned real property but has not yet hooked up or engaged said vehicle to a towing truck, said operator shall immediately release custody m1d control of the vehicle to the owner or such other person authorized to operate the same without charging any fee whatsoever, provided only that said vehicle is immediately removed from the property.

E. In the event that a tow truck operator is about to remove an improperly parked vehicle from privately owned real property and has hooked up and engaged said vehicle to a towing truck but has not removed the vehicle from the property, said operator shall immediately release custody and control of the vehicle to the owner or such other person authorized to operate the same for the payment of a fee of $15, and further provided that said vehicle is immediately removed from the property.

§ 316-3.1. Booting of vehicles.

A. An operator may boot an improperly parked vehicle on privately owned real property instead of towing it therefrom, but the fee for such booting shall not exceed $45 plus tax, provided that, upon payment of such fee and the removal of the booting device, said vehicle is immediately removed from the property by the owner or operator thereof. [Prior to booting an improperly parked vehicle J Upon request, the operator shall display to the owner or operator of such vehicle a valid license issued by the Police Commissioner pursuant to this chapter.

B. Whenever a person engaged in the booting of vehicles affixes a boot to an unoccupied [unattended] motor vehicle on privately owned real property under the direction of the owner or an individual acting on behalf of the owner of such property, said operator shall notify the New Rochelle Police Department immediately.

C. Whenever an operator at1ixes a boot to an unoccupied [unattended] motor vehicle on private property, said operator shall affix a four-inch by seven-inch orange sticker to the driver's side window. Said sticker shall wm-n the driver that a boot is affixed to the vehicle and moving the vehicle could result in damage to the vehicle. The sticker shall include the name, and address of the operator, as well as a telephone number the driver can call to anange for the removal of the boot.

D. In the event that an operator boots an unoccupied [unattended] motor vehicle on privately owned real property, the operator or an attendant must remove the boot from the vehicle within 15 minutes after being contacted by the vehicle's owner or operator.

E. Whenever an operator has begun the process of booting an improperly parked vehicle on private property but has not yet locked the boot onto the vehicle, and the owner or operator of the vehicle offers to remove the vehicle from private property, said operator shall remove the boot from the improperly parked vehicle at no chmge to the vehicle's owner or operator.

F. No motor vehicle shall be booted by a person licensed pursuant to this section unless such licensee has been authorized to boot such motor vehicle pursuant to a written contract between such licensee and the owner, lessee, managing agent or other person in control of the property on which such motor vehicle is pmked. Such contract shall also provide that such owner, lessee, managing agent or other person in control of the property [shall] may be liable for any violation by such licensee or his or her employee or agents of any of the provisions of this section or of any rules promulgated pmsuant to this section. /'( /,

G. An owner, lessee, managing agent or other person in control of property who has entered into a written contract with a person licensed pursuant to this section authorizing such licensee to boot motor vehicles parked on such property [shall] !.!lAY be liable for any violation by sucb licensee or such licensee's employees or agents of the provisions of this section, or of any rules promulgate pursuant to this section.

H. No motor vehicle may be booted if: (I) such vehicle is occupied by any person for live animal]; (2) such vehicle is parked on the roadway side of a vehicle stopped, standing or parked at the curb; (3) such vehicle is parked in a fire lane, or in front of or immediately adjacent to a fire hydrant, fire com1ection or building emergency exit; (4) such vehicle is an ambulance, correction vehicle, police vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, environn1ental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle, ordnance disposal vehicle of the armed forces of the United States; (5) such vehicle bears a special vehicle identification issued in accordance with the provisions of section 1203-a of the vehicle and tratlic law, or "MD" New York registration plates; and (6) such vehicle is parked in a space reserved for vehicles displaying a handicap permit.

I. No release or waiver of any kind purporting to limit or avoid liability for damages to a vehicle that has been booted shall be valid. In addition, any person who booted a vehicle, or other person authorized to accept payment of any charges for such booting, shall provide a signed receipt to the individual paying the booting charges at the time such charges are paid. Such receipt shall state the name, business address, business telephone number and license number of the person who has booted such vehicle as such information appears on the license to engage in booting, and such receipt shall also include a telephone number for the of1ice within the Police Department responsible for receiving complaints with respect to booting.

J. No charge shall be imposed for the booting of a vehicle when any person has committed a violation of this section, or any rules promulgated pursuant to this section with respect to such vehicle, a11d any such unlawful charge shall be reimbursed by any person liable tor a violation of this section.

K. The owner or person in control of a vehicle which has been booted by a licensee or such licensee's employee or agent shall be permitted to pay any charge for booting at the location where such vehicle was booted and the licensee, or other person authorized to accept payment, shall accept such payment in person by credit card in accordance with generally accepted business practices.

L. Any vehicle which has been booted pursuant to this section must be returned to the owner or person in control of such vehicle within 24 hours of booting or such vehicle shall be towed by the operator in accordance with Section 316-3 herein.

§ 316-4. Warning and informational signs.

A. No owner of private property shall remove, permit the removal or booting of or cause to be removed or booted any motor vehicle from property owned by him tmless there is erected and maintained upon such property, at the entrances and [or] exits to such property, a sign containing a warning that parking thereon is restricted to authorized persons only, that /'f./,

unauthorized parking or trespassing is prohibited and that the vehicles of trespassers or unauthorized persons will be towed away or booted, and containing the further statement setting fmih the address and telephone number where any person whose vehicle is removed may make inquiry to regain his vehicle. Such signs shall be not less than 12 inches by 18 inches in size, and lettering thereon shall be not less than one inch in size. Included on such sign shall be the fee amotmt authorized by the County of Westchester and the fee amount authorized by the City of New Rochelle pursuant to§ 316-3E of the Code of the City of New Rochelle for hookup but not removal, and the fee amount authorized by the City of New Rochelle pursuant to § 316-3.1 of the Code of the City of New Rochelle for booting.

B. All information on the above-required signs must be filed with the New Rochelle Police Department. The owner shall inform the Police Department, in writing, of any changes to the contents of such sign within 10 days of such change. The filing fee shall be as set forth in Chapter 133, Fees, for each filing.

§316-5. License required; exceptions.

No person shall conduct towing or booting as defined herein on private property without first having obtained a license as hereinafter provided. All licenses shall be issned for a one (1) year period.

§316-6. License applicant requirements.

A. The name and address of the applicant, specifying, in fhe case of a partnership or an unincorporated association, each partner or member thereof, and in the case of a corporation, the name and address of each officer, director and stockholder thereof.

B. The date of bi1ih aud citizenship of the applicant and each member thereof; if an unincorporated association, and of each officer, director and stockholder, if a corporation.

C. The address of any and all depots, garages or body shops, whether located inside or outside the City, that will be used by the applicant in connection with his towing business.

D. A statement as to whether the applicant or any partner, member, officer or director has, within the last five years, ever been convicted of a crime and, if so, the date, crime charged and sentence imposed.

E. Whether or not the applicant has ever been denied a license for a tow truck, towing business or booting business by any goverm11ental agency or authority or whether or not the applicant has ever been charged with chasing or whether or not any such license ever issued to the applicant has been suspended or revoked and, if so, the date, the location and the circumstances thereof.

F. A list of all valid licenses held by the applicant which authorize him to conduct a towing or booting business.

G. Whether this is an initial application or a renewal. H. Proof of insurance in accordance with City requirements.

I. Any other relevant information which the Police Commissioner may require.

§ 316-[5] 7. Penalties for offenses.

Notwithstanding any other penalty provision of the Code of the City of New Rochelle, a violation of any provision of this chapter shall be punishable by a mandatory minimum fine for the first violation thereof of $50, and by a mandatory minimum fine of $100 for a second or subsequent offense, with the maximum fine in each and every instance which may be imposed not to exceed $250.

§316-8. License fees.

A minimal fee of $750 shall be paid for each license issued hereunder.

§316-9. Issuance oflicense.

Upon receipt of a properly completed application and payment of the requisite fee, the Police Commissioner shall issue a license to the applicant unless he determines:

A. That the applicant is unfit and is incapable of properly conducting a towing or booting business within the City of New Rochelle or does not conform to the provisions of this chapter; or

B. That the applicant's garage, depot or auto repair shop used in cmmection with the towing business is in violation of any state or City law or regulation, including but not limited to zoning, bnilding or fire law ordinances or regulations in the municipality in which it is located; or

C. That the applicant has made a materially false statement or misrepresentation in his application.

§316-10. Transferability of license.

A license issued hereunder shall not be transferred or assigned to another person or vehicle, except as provided below.

§316-11. Suspension, revocation or refusal to renew license; hearing; appeals.

A. Any license issued heretmder may be suspended, revoked or refused to be renewed by the Police Commissioner or his designee after a hearing, upon five days' notice, if the licensee thereof shall violate any provision of this chapter, any rule or regulation adopted hereunder or any ordinance of the City or is charged with the violation of any vehicle and traffic law, ordinance or regulation of the State ofNew York or City of New Rochelle.

B. A request for a hearing to reinstate a license or to contest a suspension, revocation or refusal to renew must be made, in writing, to the Police Commissioner and be sent by /'f, t,

registered or certified mail or given m person within l 0 days after the suspension, revocation or refusal to renew. A hearing will be held within 21 days after receipt of the licensee's request before the Police Commissioner or his designee and a decision rendered within three days. The licensee's license will remain suspended, revoked or expired until a decision is rendered by the Police Commissioner or his designee.

C. Any licensee whose license has either been suspended, revoked or refused to be renewed pursuant to this chapter may appeal said suspension, revocation or refusal to renew to the Police Commissioner, within 30 days of the date thereof, by attaching a copy of the suspension or revocation.

§316-12. Enforcement. This chapter shall be enforced by the Police Department.

Matter [bracketed] deleted Matter underlined added

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk City cf New Rochelle, N.Y. I Dis! \ Member j_~\lavs \ Abstain Absent l Introduced On: ;../o./1.1 1st 1 Tranguccilj V II Introduced By: I ( Tarantino 2"' ~;, V' II Held: I 3'" Rice v I Adopted: 4ih Hyden ! i V' I No. ,30 5iil Fertel I v Council Members Lou1s J. Trangucc1, I I 6" Rackman -,- I Moved: Albert A. Tarantino. Jr., Jared R Rjce I {and} Ivar Hyden, Barry R. Fer tel, Mayor Bramson i! y' Seconded: Shari B. Ra kman and Ma or Noam Brams "'

BE IT ORDAINED by the City ofNew Rochelle:

Section 1. The Council of the City of New Rochelle hereby accepts the Assistance to Firefighters Grant fi-om the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security in the amount of$64,390 to purchase equipment for the Fire Department.

Section 2. The Council of the City of New Rochelle hereby authorizes the required local match ofS12,878 in order to implement this grant.

Section 3. Ordinance No. 196 of20I2, the Budget of the City of New Rochelle for 2013, is hereby amended in order to provide for the acceptance and implementation of the $64,390 gram and appropriating funds as follows:

Increase Appropriations- General Fund:

IT9KF Transfer to Capital Fund $12.878

Decrease Appropriations- General Fund:

UE4CO Reserve for Grant Match s12,878

Increase Estimated Revenue- Capital Fund:

CP 001 Transfer from General Fund $12,878 CP 004.62 .FEMA 2012 Assistance to Firefighters Grant $5].5I2

Authenticated and certified thLis. , ' _;.;'/ l 'l_t_11_ day of February 20 13 Increase Appropriations- Capital Fund:

CP 13013 2012 FEMA Assistance to Firefighters Equip. $64,390

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk City of New Rochelle, N.Y. lroiSt" Member Ye~_?_l_ Nat~L~bsta~J A~~er~~ Introduced On: :c/r :>- )rJ jst Trangucci · V I Introduced By: I 2nd Tarantino v Held: 3'" Rice v ' Adopted: 4'" Hyden Vr No.3/ 5111 Fertel I v ' Council Members Louis J. Trangucci, 6til Moved: Albert A. Tarantino, Jr., Jared R. Rice RacK man) v I J" {and} Ivar Hyden, Barry R. Fertel, Mayor Bramson , v Seconded: Shari B. Rackman and Mayor No am Brams I I /&,I. Approved As To Form: ('t\'h\... ~ ( 1 Comoration Counsel SUBjECT f' RESOLUTION APPROVING THE CITY OF NEW ROCHELLE OR FIRE DEPARTMENT PARTICIPATION IN THE TITLE WESTCHESTER COUNTY FIRE MUTUAL AID PLAN.

BE IT RESOLVED, that the Council of the City of New Rochelle approves participation by the City of New Rochelle Fire Department in the Westchester County Fire Mutual Aid Plan ("Plan"), as amended from time to time. and further certifies to Westchester County, through its Commissioner of Emergency Services, that it shall comply with the provisions of the Plan; and be it further

RESOLVED, that there are no resolutions in effect that restrict outside service and training; and be it further

RESOLVED, that there are currently no limitations, conditions or restrictions on the Fire Department i:l:om providing prompt assistance, and the Commissioner of Emergency Services shall be notified in writing if any such limitations are imposed subsequent to the adoption of this Resolution: and be it further

RESOLVED, that the Council of the City of "Nc\v Rochelle hereby acknowledges and accepts its financial responsibility pursuant to applicable law; and be it further

RESOLVED, that a copy of this resolution shaU be filed with the Westchester County Commissioner of Emergency Services.

Authenticated and certified) NOAH BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk

Authentrcated and certrfred thrso/

l'!th day of February___ 20_1_

!! St City of New Rochelle, N.Y. 1 l,f-·"'O"':is ~,+iM;:;. e;::m;;;;ber _~:.. Y:asj Introduced On: :;./;" ir3 11'' Tranguw i v1 Introduced By: Tarantino ;[ v I Held: Rice I v I Adopted: Hyden I 4' I ..,.....v ' l. No. a,;) Fertef !i [ Rackman! V 1 I' Bramson ii V' __j_ i?- I, A roved As To Form:

SUBJECT f) ORDINANCE AUTHORIZING THE CITY MANAGER TO OR ENTER INTO A CONTRACT WITH THE DOWNTOWN NEW TITLE ROCHELLE BUSINESS IMPROVEMENT DISTRICT FOR PARKING ANALYSIS OF THE DOWNTOWN NEW ROCHELLE CORE RESTAURANT DISTRICT, AMENDING ORDINANCE NO. 196 of 2012, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 20I3 Al\D APPROPRIATIJ\G FUNDS IN ACCORDANCE THERETO.

BE IT ORDAINED by the City ofNew Rochelle:

Section 1. The Council of the City of New Rochelle hereby authorized the City Manager to enler into a contract with the Downtown New Rochelle Business Improvement District (BID) in an amount not to exceed $5,000 for efforts associated with the parking analysis of the downtown New Rochelle Core Restaurant District.

Section 2. Ordinance No. 196 of20l2. the Budget of the City of New Rochelle f·()r 2013, is hereby amended as follows:

Increase Appropriations- Parking Fund:

PK460 Contract Services $5,000

Increase Estimated Revenue- Parking Fund:

K 14 Appropriated Fund Balance $5.000

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk

Authenticated and certified this l 'lJ:lL day 1 o~_Eeb.r:~ 20..1J1. '. l I -) I ' --""< r City of New Rochelle, N.Y. n_ D"1st Member ~ Yeas Nays ~tain_lA~~ Introduced On: J-(; 'i /13 1"' Trangucci jv" Introduced By: 2"" Tarantino l,j 1-- 'I V' Held: J•d Rice iV' Adopted: I 4' Hyden jl V' No. 3.3 5th Fertel l v" ~ Council Members Louis J. Trangucci, Moved: Albert A. Tarantino Jr. Jared R. Rice 6" RaCkman j v' I I {and} Ivar Hyden, Barry R. Fertel, 1 Mayor Bramson J &I' Seconded: Shari B. Rackman and Mayor Noam Brams I Approved As To Form: ~~~1.\ / -<-.! Corporation Counsel SUBJECT 1 RESOLUTION AUTHORIZING THE CORRECTION Of OR f VARlO US STRf£I NAMES. TITLE -

WHEREAS, City staff has discovered multiple streets in the City with various spellings as recorded on the Fire Department/Police Department map, Assessors Portal, Street Sig,n, County 91 L D.E.S. CAD and the US. Postal Service; and

WHEREAS, these discrep:mcies can create a nuisance for delivery services and a serious safety problem for Emergency Response personnel; :.md

WHEREAS, a survey was created and sent to the property owners on the effected streets to secure feedback on the preferred street name; now, therefore, be it

RESOLVED, that based upon the responses and the City's records of accepted street names, the following recommendations arc authorized:

Robert Drive R.Qbert Drive North. Robert Drive South Eliminate "'North" and "South" from the official City name

Meadowwood Path vs. Meadowood Path Maintain the official spelling as Meadowood Path

Havhurst Drive, Road or Street Maintain the official spelling as Hayhurst Road

Renva vs. Revna Lane Change the official spelling to match what the majority is using; Reyna Lane

Park Ridee Avenue vs. Parkridoc Avenue Maintain the official spelling of Park Ridge Avenue

I-Iillqpdalc Drive_vs. Hillanddale Drive Change official spelting to Hillandale Drive

Authenticated and cert1f1ed th1s 'Y' I - L 19th day of February 20l:l._ I Zii'Si .·" / ;:!_, /,

Glenorchv Place vs. Glenorchv Road Maintain the official spelling of Glenorchy Place

Argvle Avenue vs. Argyll Avenue Maintain the official spelling of Argyll Avenue

Madeleine Avenue vs. Madeline Avenue Maintain the official spelling as Madeleine

Wood Hollow Lane vs. Woodhollow Lane Maintain the official spelling as Wood Hollow Lane

Sun Hi!ven Drive vs. Sunhaven Drive Maintain the official spelling as Sw1 Haven Drive

Bell view Place vs. Belleview Place Maintain the official spelling as Belleview Place

Crestview Street vs. Crestview Place Maintain the official spelling as Crestview Street

Sprague Road vs. Sprague Avenue Maintain the official spelling as Sprague A venue

The Boulevard East vs. Boulevard East Drop the "THE" from "The Boulevard East" and officially make that section "Boulevard East"

Portman Road & Place The section o±I Potter Avenue will be changed to Portman Place

Van Guilder Ave vs. Guion Place Make the section of Van Guilder Avenue that remains between Guion Place and Division Street an extension to Guion Place

Baraud Road. Baraud Road North and Baraud Road South Officially change Baraud Road to Baraud Road North (from Wilmot Road Nmihward) and Baraud Road South (from Wilmot Road Southward)

Congress Street 1md Congress Place The "dogleg" section that runs west off of Congress Street will be renamed Congress Place

Harbor Lane. Harhor Lane West and Neptune Island Road Officially name the section west of the Glen Island approach road Harbor Lane West 200 Petersville Road & Fredrick B. Powers Sguare Palmer Center will be renumbered with a Palmer A venue address

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk City of New Rochelle, N.Y. Dist- l___Member. I) yeas I Nays Abs~ain Absent Introduced On: J-/u /f) 1st TranguCCI , 7] ~~ ' Introduced By: Held: Adoptedd

111 No.3 E. '. 5 ' Fertel I v· I Council Members Louis J. Trangucci, · Moved: A1hert A Tarandno. Jr .. Jared R. Ric 6L~ Rackman~ V

{and} Iva r Hyden , Barry R • Fer t e 1 , 11-tMc::ay=or:+;B;;:r::am=s=o:-n+I· -..,. .,-"-1 .. --+--f--.-jl Seconded: Shari B. Rackman and Mayor Noam BrarnihJ'I'F,.k~~""""'~~='·b~d.,~~L~,j v\ Approved As To Form: K~~\\ Corporation Cour.sel SUBJECT 1 RESOLUTION DECLARING LEAD AGENCY STATUS OR I RELATIVE TO THE APPLICATION OF ZAB!DURY TITLE J RESTAURANT LOUNGE AND CABARET FOR A SPECIAL PERMIT PURSUANT TO §33l.ll3.2, CABARETS WITH PUBLIC ASSEMBLY OCCUPANCY LIMIT NOT TO EXCEED 250 PERSONS, OF THE CODE OF THE CITY OF NEW ROCHELLE, WITH RESPECT TO ZABlDURY RESTAURANT LOUNGE AND CABARET LOCATED AT 8 SOUTH DIVISION STREET.

WHEREAS, this City Council wishes to declare itself Lead Agency for the application of Zabidury Restaurant Lounge and Cabaret for a special permit pursuant to §331.1 13.:2, Cabarets with public assembly occupancy limit not to exceed 250 persons, of the Code of the City of New Rochelle, with respect to Zabidury Restaurant Lounge and Cabru·etlocated at 8 South Division Street ("Proposed Action"); and

WHEREAS, this CiLy Council finds the Proposed Action to be an Unlisted Action pursuant to SEQRA.; and

WHEREAS, the Applicant has prepared and submitted an Environmental Assessment Form (EAF) for the Proposed Action, on file tOr inspection with the City Clerk's Of1ice; now, therefore,

BE lT RESOLVED that this City Council hereby declares itself Lead Agency for the Proposed Action and directs that the Proposed Action and EAF be sent to the New Rochelle Planning Board and the Westchester County Depmtment of Planning for their review and recommendation.

Authenticated and certified) NOAH BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk

Authen.ticated and certified th?'s,

19th day of FeJ?ruary 20 l /' ~/~~·-·--1::ity Clerk

·, : City of New Rochelle, N.Y. II Oist Member !. Yeas I Nays I Abstain I Absent li Introduced On: ;;_/; , /13 1 Trangucci ~ .,..... II "' Introduced By: I 2'" Tarantino j V -t-JI Held: Rice lv i Adopted: 4' Hyden ~ v-· I i No. 3S: 11 51h Fertel I V Counc1l Members Louls J. lrangucc1, I \/"--Moved: Albert A. Tarantino, Jr., Jared R. Ric 6'" Rackman v {and} Ivar Hyden, Barry R. fertel, Ji~ Mayor I Bramson :V" Seconded: Shari B. Rackman and Mayor Noam Bramr i _j Approved As To Form: -

WHEREAS, Zabidury Restaurant Lotmge and Cabaret ("Applicant") has submitted an application for a special permit for Zabidury Restaurant Lounge and Cabaret located at 8 South Division Street pursuant to §331.113.2 of the Code of the City of New Rochelle, which provides as foltows:

§331-113.2. Cabarets with public. assemb!v occupancv limit not to exceed 250 persons.

The City Council may issue a special permit for a cabaret with a public assembly occupancy limit of 50 or more persons in a zoning district where such use is permitted by special permit, subject to the following requirements:

A. Compliance with the five-hundred~ foot distancing regulation set forth in§ 331-61A above.

B. Identification cmd quantification of parking impacts.

C. Identification of impact on surrounding residential and business uses within 500 feet of the proposed project.

D. A business and operation plan stating, among other things, hours of operation, marketing plan, designation of outdoor smoking areas, business dcscriplion and the type of cntcnainment that will be offered at the premises.

E. Identification of noise abatement considerations and other mitigation measures. F. Compliance with all applicable health, safety, welfare and licensing requirements and all applicable local, state and federal regulations.

G. Such other requirements as may be established by City Council.

H. The public assembly occupancy limit shall not exceed 250 persons. All cabaret uses shall cease no later than 2:00a.m.

I. All cabarets shall obtain a license from the Police Commissioner as provided in Chapter 120 of the New Rochelle City Code.

J. Any special permits issued under this section shall expire two years from the date of approval.

WHEREAS, this Council wishes to hear public comment regarding the Application; now, therefore,

BE IT RESOLVED by the Cmmcil of the City of New Rochelle that this City Council hereby sets a public hearing for March 12, 2013 at 7:30 P.M. in the City Council Chambers to hear public comment regarding the Application; and

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish notice of such public hearing in the official newspaper of the City of New Rochelle at least ten (I 0) days prior to the afore-detailed public hearing date, the cost of such publication to be borne by the Applicant; and

BE IT FURTHER RESOLVED that the Applicant is hereby directed to notify all owners of real property located within two hundred fifty (250') feet of any boundary of the Site of the date and substm1ce of the afore-directed public hearing, by certified mail return receipt requested not less than seven (7) days prior to the date of public hearing, and to file an affidavit together with the ce11ified mailing receipts with the City Clerk prior to the public hearing stating that such property owners were given such notice by certiiied mail return receipt requested.

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk City of New Rochelle, N.Y. Dist Member Ye~~ J Nal~ i Abstair1 I Absent ) Introduced On: J-( 1q ( r ~ 1" Trangucci .?1 ~~~~·· Introduced By: 2~d Tarantino ,. • Held: ~d R1ce I l.....-- Adopted:/ 4'" Hyden I I ! V' 5tl• No. 3~ Fertel j[ ~ 'I Council Members Lou1s J. Trangucci, 61h Moved: Albert A. Tarantino Jr. Jared R. Rice Rackmac J I cr± • {and} Ivar Hyden, Barry R. Fertel, Mayor Bramson~ V l_jl Seconded: Shari B. Rackman nd Ma Noam Brams I v-. A ~~ro~v~e~d~A~s_T~o~F~o~rm~'---P~~~~~~~~------~ 72e.u- 1 7. :;__/. Corporatior. Counsel SUBJECT 1 RESOLUTION DECLARING LEAD AGENCY STATUS OR J RELATIVE TO TI-lE APPLICATION OF ALVIN & TITLE • FRJENDS RESTAURANT FOR A SPECIAL PERMIT PURSUANT TO §33 Lll3.2, CABARETS WITH PUBLIC ASSEMBLY OCCUPANCY LIMIT NOT TO EXCEED 250 PERSONS, OF THE CODE OF TI-lE CITY OF NEW ROCHELLE, WITH RESPECT TO THE RESTAURANT LOCATED AT 12-14 MEMORIAL HIGHWAY.

V·/HEREAS, this City Council wishes to declare itself Lead Agency for the application of Alvin & Friends Restaurant for a special permit pursuant to §331.1132, Cabarels vvith public assembly occupancy limi1notto exceed 250 persons, of the Code of the City of New Rochelle, at the restamant located at 12~ 14 ,"vJ'emorial Highway ("Proposed Action"); and

\VHEREAS, this City Council finds the Proposed Action to be an Cnlisted Action pursuant to SEQR.A; and

WHEREAS, the Applicant has prepared and submitted an Environmental Assessment Form (EAF) for the Proposed Action, on fde 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 Action and EAF be sent to the New Rochelle Planning Board and the \Vcstchestcr County Department of Plmming fOr their review and recommendation.

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk

Authent'l.cated and certified this((

19th day of February~ __ 20~ ~~ 76] 13 . City of New Rochelle, N.Y. Dist Member Yeas./ i NayU __ :~bstain i _Absent 11 Introduced On: ;.fiA / 13 I' Trangucci ,/ 1 ! Introduced By: 2nd TarantinOl &/' ! I I I Held: J•d Rice ! I ,. ./ Adopted: 4~ Hyden l L l J No. 3? 5''' Fertei ./. I I Council Members Louis J. Trangucci, 6'" Rackman Moved: Albert A Tarantino, Jr., .Jared R. Ric j _./ I Jl {and} Ivar Hyden, Barry R. Fertel, II Mayoc Bramson ii v' Seconded: Shari B. Rackman and Ma or Noam Brarn r=J l\ A roved As To Form: Comoralicn Counsel SUf3WCT } RESOLUTION SETTING A PUBLIC HEARING REGARDING THE APPLICATION OF ALVIN & FRIENDS RESTAURANT, TITLE • FOR A SPECIAL PE~MIT PURSUANT TO §33Lll3.2, CABARETS WIT!-! PUBLIC ASSEMBLY OCCUPANCY LIMIT NOT TO EXCEED 250 PERSONS, OF THE CODE OF THE CITY OF NEW ROCHELLE, AT THE RESTAURANT LOCATED AT !2-!4 ME'V!ORTAL HIGHWAY.

WHEREAS, Alvin & Friends Restaurant ("Applicant") has submitted an application tOr a special pern1it for the restaurant located at 12-14 Memorial Highway, pursuant to §331.113.2 of the Code of the City of "\,jew Rochelle, which provides as follows:

§331-113.2. Cabarets \Vith public assemblv occupancv limit not to exceed 250 persons.

A. Compliance with the five-hundred-foot distancing regulation set forth in§ 331-6IA above.

B. ldentificalion and quantification of parking impacts.

C. Identification of impact on surrounding residential and business uses within 500 feet of the proposed project.

D. A business and operation plan stating, among other things, hours of operation, marketing plan, designation of outdoor smoking areas. business description and the type of cnte1iainment that \vi !I be offered at the premises.

E. Identification of noise abatement considerations and other mitigation measures.

Authenncated ana cert1f1ed this {I

L2_.t;h day of Febru=--. 201l{ 2\?oi::S ' ~ F. Compliance with all applicable health, safety, welfare and licensing requirements and all applicable local, state and federal regulations.

G. Such other requirements as may be established by City Council.

H. The public assembly occupancy limit shall not exceed 250 persons. All cabaret uses shall cease no later than 2:00 a.m.

I. All cabarets shall obtain a license from the Police Commissioner as provided in Chapter 120 of the New Rochelle City Code.

J. Any special permits issued under this section shall expire two years from the date of approval.

Applications for renewal of any special permits issued pursuant to this section shall be automatically approved without further action of City Council unless the applicant has committed two or more violations of any requirements under this section, the New Rochelle City Code and/or the approved resolution during the two-year special permit period; and

WHEREAS, this Council wishes to hear public comment regarding the Application; now, therefore,

BE IT RESOLVED by the Council of the City of New Rochelle that this City Council hereby sets a public hearing for March 12, 2013 at 7:30 P.M. in the City Council Chambers to hear public comment regarding the Application; and

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish notice of such public hearing in the official newspaper of the City of New Rochel.le at least ten (1 0) days prior to the afore-detailed public hearing date, the cost of such publication to be borne by the Applicant; cmd

BE IT FURTHER RESOLVED that the Applicant is hereby directed to notify all owners of real property located within two hundred fifty (250') feet of any boundary of the Site of the date and substance of the afore-directed public hearing, by certified mail return receipt requested not less than seven (7) days prior to the date of public hearing, and to t11e an affidavit together with the certified mailing receipts with the City Clerk prior to the public hearing stating that such property owners were given such notice by certified mail return receipt requested.

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk City of New Rochelle, N.Y. ~L_Member i Yeas Navs rAb_~tairt J_Abs-ent i Introduced On: 2-/o /r3 1st Trangucci V'' . I Introduced By: 2"" Tarantino II" Held: 3rd Rice v I ' Adopted: Hyden 1 j/' I 4'" No. 3 i' T Fertel il !/' Council Members Louis J. Trangucci, : Moved: Albert A. Tarantino Jr. Jared R. Rice ~~ Rackman 1 V '·'- {and} Ivar Hyden, Barry R. Fertel, Mayor Bramson i1 v Seconded: Shari B. Rackman and Mayor Noam Brams I

Approved As To Form: ~\,,6"' 1 \,\o

WHEREAS, this City Council declared itself to be the Lead Agency for the purposes of the environmental review of the Proposed Action amending various sections of Chapter 331, Zoning, ofthe New Rochelle Zoning Code (''Proposed Action"); and

WHEREAS, this City Council finds the Proposed Action to be an Unlisted Action pursuant to SEQ!~: and

WHEREAS, this City Council, as Lead Agency, reviewed the Proposed Action and EAF prepared in conjunction therewith in accordance with the New York State Environmental Quality Review Act; now, therefore,

BE IT RESOLVED that this Council, as Lead Agency, based on the above-described environmental review and the contents of lhe EAF, hereby detennines that the Proposed Action will not have a significant effect on the environment and hereby issues a Negative Declaration of Environmental Significance. An environmental impact statement shall not be required.

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb,, 2013) BENNIE F. GILES, III, City Clerk City of New Rochelle, N.Y. ~~- Member_ yea~., ~_ays Abstairt Abser.t -~"-~ Introduced On: ;.-/o. //3; ?- 1+, 1" 1 Tranguccr ~

Introduced By: zr.d I Tarantino :) ~ ! Held: 3•' Rice >I' I rl ' ' Adopted: 4th ! Hyden I I II" No. 3 :{; s:n Fertel ,I/' {;\ounc~l ~ember~ Louis J. Trangucci! Moved: Albert A. farantlno, Jr., Jared R. R1ce 6th Rackman l>~' {and} Ivar Hyden, Barry R. Fertel, Mayor Bramson V' Seconded: Shari B. Rackman and Mayor Noam Brams i3 Approved As To Form: Corporation Counsel ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER SU~JRECT .l,, 331, ZONI\iG, OF THE NEW ROCHELLE ZONING CODE. TITLE

BE IT ORDAINED by the City of New Rochelle:

Section 1. Section 331-4, Specific Terms Defined, of Chapter 331, Zoning, of the Code of the City of >Je\V Rochelle, is hereby amended as follows:

§ 331-4. Specific Tenns Defined.

COLLEGE RELATED USE Uses customarilv accessory to i! college or universilv incluQjng classrooms. laboratorie~, administrative offices_ and residQ1tial bails and/or dormitories.

DORMITORY See definition l{)r RESIDENCE HALL

FLOOR AREA (GROSS) The sum of the horizontal area of each story of a building, measured from the exterior i~tccs of exterior walls or, in the case of a common wall separating two buildings, from the center line of such common waJis, but excluding 1) unenclosed porches, balconies, raised platforms, roof overhangs, gutters and chimneys; 2) any interior space with less than five feet of vertical clearance; 3) unfinished and nonhabitable space in a basement, attic, or storage area, provided that such unfinished and nonhabitable space, if having windows or exterior doors, shall nor have any individual window of a greater area th~m 5.6 square feet, nor exterior sliding doors, nor other exterior doors qualifying as exits under the New York State Building Code except for bulkhead doors; 4) mechanical spaces; 5) unenclosed parking garages; or carports: 6) enclosed parking garage space in one-family residential districts. except that any such space in excess of 600 square feet shall not be so excluded; [andj7) enclosed parking garages in otl1er than one-fhmily residential districts~ m exterior walls that have been expanded with

l.~~~~ Authentrcated and certrfred thrs (y L~/ l9i;J:Ldayof February 20....ll I external insulation within the property line[.t and 9) rooftop greenhouses. If any basement, attic, or storage area has any individual window of a greater area than 5.6 square feet, or exterior sliding doors, or other exterior doors which are not bulkhead doors but which qualify as a safety exit under the New York State Building Code, such area shall be included in the gross 11oor area calculations. No basement, attic or garage area previously used and/or improved as habitable space shall be converted to storage use for the purposes of this calculation.

RESIDENCE HALL A building or part thereof where group sleeping accommodations are provided in one ()) room. or in a series of closelv associated rooms. wbich ;nav or may not include shared kitchen and/or bathroom facilities for persons not members of the same family group. under joint occupancv and single management and associated with a college or universitv as in college dormitories or fraternitv houses.

SUN SHADING DEVICE A device which limits the amount of sunlight entering a building including but not limited to: roll down blinds. shutters. vertical louvers, horizontal louvers. canvas awnings. fixed or moveable.

Section 2. Section 331-12, Nonconformities, of Chapter 331, Zoning, of the Code of the City of New Rochelle, is hereby amended as follows:

§ 331-12. Nonconformities.

D. Reconstruction. (3) An existing garage accessory to a one- or two-family dwelling may be replaced in the same dimensions as the original structure and in accordance with a plan submitted to and approved by the Building Official. If a non-conforming garage is demolished bv order of the Building Official, such garage mav be reconstructed at any time in the same tootprint and dimensions as the original structure.

Section 3. Section 331-14, Provisions Governing Yards, of Chapter 331, Zoning, of the Code of the City of New Rochelle, is hereby amended as follows:

§ 331-14. Provisions Governing Yards.

A Use of yards. (3) Structural projections. (b) The ordinary projections of window sills, belt courses, chimneys, cornices, eaves, sun-shading devices and other similar architectural features shall not project more than [two feetJ thirty inches into any side or rear yard. Any commercial installation of an awning proposed as a sun-shading device shall be subject to section 270-4 (F) and all applicable sub-sections. Section 4. Section 3 31-45, Additional Regulations for Residence Districts, of Chapter 331, Zoning, of the Code of the City of New Rochelle, is hereby amended as follows:

§ 331-45. Additional Regulations for Residence Districts.

I. Permanent outdoor emergency energy-generation systems installation for the exclusive use of a one-family residence located on the property. In view of the small acreage of one-family residential properties in the City of New Rochelle, the following conditions are imposed on the issuance of building permits for the permanent siting of outdoor emergency energy-generation systems. Such building permits shall not be required for portable emergency energy generators:

(2) The emergency energy-generation system shall not be located in any required front yard setback, but [can) cannot be constructed within 10 feet of any rear lot line or within six feet of any side lot line. Location in the rear of the residence located on the property shall be preferred so as to minimize visibility of the system from adjoining properties and the street. No emergency energy-generating systems shall be placed within five feet of any wood frame building or structure.

Section 5. Section 331-47, DMU Downtown Mixed Use District, of the Code of the City of the City New Rochelle, is hereby amended as follows:

§ 331-47. DMU Downtown Mixed Use District.

A. Permitted principal uses. ill) Collel!e related uses within L500 feet of the college and/or university's mam administrative building.

Section 6. Section 331-57, DB Downtown Business District, of Chapter 331, Zoning, of the Code of the City of New Rochelle, is hereby amended as follows:

§ 331-57. DB Downtown Business District.

A. Permitted principal uses. (16) College related uses within 1,500 feet of the college and/or universitv's mam administrative building as regulated by §3 31-113. 1.

C. Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)

[(3) Colleges, w1iversities, and private schools as regulated by § 331-113. 1.]

Section 7. Section 331-55, C-!M General Commercial Modified District, of Chapter 331, Zoning, of the Code of the City of New Rochelle, is hereby amended as follows:

§ 331-55. C-!M General Commercial Modified District. (15) College related uses within 1,500 feet of the college and/or universitv's mam administrative building.

Section 8. Section 331-120, General requirements and design standards, of Chapter 331, Zoning, of the Code of the City of New Rochelle, is hereby amended as follows:

§ 331-120. General requirements and design standards.

The following shall be deemed to be minimum requirements and shall not be waived by the Plmming Board:

D. Driveways shall not exceed the following grades. ( 1) In residential development: 10% (2) In nonresidential development: [5% J 8% (3) Within 30 feet of the street right-of-way line, in residential or nonresidential development: 3%

E. Grades of open parking and loading meas shall not exceed [3%]6%.

Section 9. Section 331-128, Design and layout, of Chapter 33 I, Zoning, of the Code of the City of New Rochelle, is hereby amended as follows:

§ 331-128. Design and layout.

(2) Access driveways serving multifamily and nonresidence districts shall be designed in accordance with the following standards: (d) They shall also not exceed a grade of 3%, except that a grade of [5%] go;,, may be allowed by the Building Official, provided that such grade would be appropriate for the purpose of reducing environmental impact.

Authenticated and certified) NOAM BRAMSON, Mayor this 19th day of Feb., 2013) BENNIE F. GILES, III, City Clerk City of New Rochelle, N.Y. Introduced On: ~/tqf/3 Introduced By: Held: Adopted: No. ----- r'lf' Mavor Noam Bramson 6th · Rackman ! r 1 rwl\iioved: ~~' (and) Bramson 1 Seconded: Council Member Barry R. Fertel fr{'Approved As To Form:·--l'~dll.'-"."~~'"~~!lf!!!'=-_,_._i.LI ____ Corporation Counsel

SUBJECT J1 OR ORDINANCE AMEND!NG ORDINANCE NO. 196 OF 2012. TITLE THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2013, RELATIVE TO ESTABLISHING THREE ASSISTANT POLICE COMMISSIONER POSITIONS - GRADE 8 IN THE POLICE DEPARTMENT.

BE IT ORDAINED by the Council oflhc City of New Rochelle:

Section l. The establishment of three Assistant Pollee Commissioner positions Grade 8, in the Police Department is hereby authorized as follows:

Assistant Police Commissioner Non-Represented Grade 8 Salary Range Sl\8,758- Sl72,540

Section 2. Funds to defray tl1e cost of the foregoing arc available in the 2013 budget of the Police Department.

D E F E A T E D ======February 19, 2013

Authentrcated and certrfred thrs

~day of 20!!/ / 7 City Clerk n I '~c ~~ // l { J .. ,