Committee of the Whole Session, Tuesday, July 10, 2018 1

CITY COUNCIL AGENDA 1ST FLOOR COUNCIL CONFERENCE ROOM, CITY HALL CITY OF NEW ROCHELLE COMMITTEE OF THE WHOLE SESSION TUESDAY, JULY 10, 2018 3:45 P.M.

CALL TO ORDER

PRESENTATION

AGENDA REVIEW

COMMENDATION(S):

PUBLIC HEARING(S) THIS EVENING: (List of Public Hearings with Related Memos and Proposed Legislation)

1. PROPOSED LEGISLATION APPROVING 2018 HUD ANNUAL PLAN AND BUDGET AMENDMENT FOR CDBG AND HOME FUNDS Resolution authorizing submission of 2018 CDBG and HOME Annual Action Plan to U.S. Department of Housing and Urban Development (HUD), and to amend Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for 2018 to reflect actual funding allocation from HUD for the CDBG and HOME programs. 2. PROPOSED LEGISLATION APPROVING 2018 - 2022 FIVE YEAR CONSOLIDATED PLAN FOR CDBG AND HOME Resolution authorizing submission of 2018- 2022 Five Year Consolidated Plan for CDBG and HOME Plan to U.S. Department of Housing and Urban Development (HUD) 3. PROPOSED AMENDMENT TO ZONING CODE, CHAPTER 331 - SCHEDULE OF OFF- STREET PARKING AND LOADING SPACE REQUIREMENTS Proposed legislation to amend the Zoning Code, Chapter 331, as it pertains to parking and loading requirements for undersized parcels. (Public Hearing July 10, 2018)

DEPARTMENT OF DEVELOPMENT: Committee of the Whole Session, Tuesday, July 10, 2018 2

4. PROPOSED RESOLUTION AUTHORIZING SUBMISSION OF 2018 NYS CONSOLIDATED FUNDING (CFA) GRANT APPLICATION Proposed resolution in support of submission of 2018 NYS CFA grant application for Lincoln-North Complete Streets – Phase III through the NYS Department of Environmental Conservation (DEC) Climate Smart Communities Program 5. PROPOSED RESOLUTION FOR SUBMISSION OF 2018 TAP/CMAQ GRANT AND INTENT TO PROVIDE MATCHING FUNDS Proposed resolution in support of submission of 2018 TAP/CMAQ grant application and intent to provide 20% matching funds for Lincoln Ave Corridor 6. RESOLUTION LEAD AGENCY CODE AMENDMENTS NEIGHBORHOOD BUSINESS 2.0 Resolution declaring lead agency status relative to the proposed Ordinance amending Section 331-28, Purposes Stated, amending Schedule of Dimensional Regulations, Nonresidence Districts, and amending Article IX, Dimensional and other requirements, by adding Section 331- 73.3, NB-2.0 Neighborhood Business 2.0, of Chapter 331, Zoning, of the Code of the City of New Rochelle. 7. PROPOSED PUBLIC HEARING FOR AMENDMENT TO CHAPTER 331, ZONING CODE: NEIGHBORHOOD BUSINESS 2.0 DISTRICT Proposed resolution directing Public Hearing for amendment to chapter 331 of the City's zoning code for Neighborhood Business 2.0 District 8. RESOLUTION ISSUING A NEGATIVE DECLARATION FOR PROPOSED AMENDMENT TO CHAPTER 331, ZONING, RELATIVE TO NEIGHBORHOOD BUSINESS 2.0 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 of amending Section 331-5, Enumeration of Districts, amending Section 331-28, Purposes Stated, amending Schedule of Dimensional Regulations, Nonresidence Districts, and amending Article IX, Dimensional and other requirements, by adding Section 331-73.3, NB-2.0 Neighborhood Business 2.0, of Chapter 331, Zoning, of the Code of the City of New Rochelle. (For introduction only) 9. PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, CREATING NEIGHBORHOOD BUSINESS 2.0 DISTRICT (For introduction only) 10. PROPOSED PUBLIC HEARING FOR SECTION 8 2019 ANNUAL PHA PLAN AND ADMINISTRATIVE PLAN Proposed Public Hearing for the 2019 Annual PHA Plan and Amended Section 8 Administrative Plan 11. PROPOSED RESOLUTION ACCEPTING SECTION 8 2019 ANNUAL PHA PLAN AND ADMINISTRATIVE PLAN Proposed resolution to adopt and approve the 2019 Annual PHA Plan and Amended Section 8 Administrative Plan (For introduction only) 12. PROPOSED RESOLUTION AUTHORIZING AWARD OF RFP 5229 FOR USE AND OCCUPANCY OF TRAIN STATION Proposed resolution authorizing award of RFP Spec 5229 and authorize the City Manager to enter into a lease agreement with Cody’s Coffee Shop to occupy the space on the ground and second floors of the Railroad Station pursuant to their proposal submitted in response to RFP #5229 on June 13th, 2018. 13. PROPOSED AMENDMENT TO CITY CODE, CHAPTERS 133 AND 312 RE: TAXI PARKING Proposed ordinance amending Chapters §312-62 parts D, and §133-1 of the City Code to manage taxi/livery vehicle permit parking in all municipal facilities Committee of the Whole Session, Tuesday, July 10, 2018 3

14. PROPOSED RESOLUTION DECLARING CITY COUNCIL AS LEAD AGENCY RELATIVE TO DOZ DO-7 AND ISSUANCE OF POSITIVE DECLARATION Proposed resolution declaring City Council as Lead Agency and issue Positive Declaration for the proposed Supplemental Draft Generic Impact Statement (Supplemental GEIS) and Supplemental Final Generic Impact Statement (Supplemental FGEIS) under SEQRA for the creation of the DOZ Waterfront Zone/DO-7 15. RESOLUTION ISSUING A NEG DEC RELATIVE TO PROPOSED AMENDMENTS TO ZONING CODE, CHAPTER 331 - OUTDOOR DINING, OFF-STREET PARKING, LOADING SPACE REQUIREMENTS: Resolution issuing a negative declaration of environment significance for proposed legislation amending Section 331-95 and Section 331-126 relative to parking and loading requirements for undersized parcels. (For introduction only - see proposed amendment to Zoning Code, Chapter 331, under "PUBLIC HEARING(S) THIS EVENING")

LAW DEPARTMENT:

DEPARTMENT OF FINANCE:

16. PROPOSED AMENDMENT TO THE 2018 BUDGET Ordinance amending Ordinance No. 255 of 2017, The Budget of the City of New Rochelle for 2018, Relative to Operating Needs and Capital Projects

DEPARTMENT OF PUBLIC WORKS:

17. AUTHORIZATION FOR CITY MANAGER TO EXECUTE FRANCHISE TRANSFER REQUEST TVC ALBANY TO NORTHEASTERN FIBER BUYER INC 18. PROPOSED INTERMUNICIPAL AGREEMENT WITH THE NEW ROCHELLE CITY SCHOOL DISTRICT RE: TRAFFIC SIGNAL REPLACEMENT PROJECT 19. DRAINAGE IMA 20. PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: TRAFFIC REGULATION CHANGE - FOURTH STREET AND LOCKWOOD AVENUE

DEPARTMENT OF PARKS AND RECREATION:

POLICE DEPARTMENT:

21. PROPOSED ACCEPTANCE OF FUNDS FROM THE WESTCHESTER COUNTY BOARD OF LEGISLATORS FOR THE 2018 "NATIONAL NIGHT OUT OPEN HOUSE" EVENT: Ordinance accepting an award from Westchester County in the Amount of $2,000 for the "National Night Out" event to be held on August 7, 2018 and Amending Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for 2018.

FIRE DEPARTMENT Committee of the Whole Session, Tuesday, July 10, 2018 4

22. PROPOSED AMENDMENT TO CITY CODE RELATIVE TO FIRE LANES Ordinance Amending Section 312-93 (Schedule XXII: Traffic Regulations on Private or Quasi-Public Property) of Chapter 312 (Vehicles and Traffic) of the Code of the City of New Rochelle.

CITY MANAGER:

SUPPLEMENTAL ITEM(S):

UNFINISHED BUSINESS

NEW BUSINESS

DISCUSSION ITEM(S):

23. PROPOSED DISCUSSION OF EAST END TRAFFIC Requested by Commissioner of Development

PUBLIC HEARINGS - 7:00 P. M.

CITIZENS TO BE HEARD

ADJOURNMENT 1

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: July 10, 2018 SUBJECT: PROPOSED LEGISLATION APPROVING 2018 HUD ANNUAL PLAN AND BUDGET AMENDMENT FOR CDBG AND HOME FUNDS Resolution authorizing submission of 2018 CDBG and HOME Annual Action Plan to U.S. Department of Housing and Urban Development (HUD), and to amend Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for 2018 to reflect actual funding allocation from HUD for the CDBG and HOME programs.

Background: On May 1, 2018, the U.S. Department of Housing and Urban Development (HUD) announced the City’s actual allocations for fiscal year 2018 for the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME). Funding allocations for 2018 reflects funding increases in both the CDBG and HOME programs. The budgets adopted by the City were based on estimates that were derived by prior year actuals.

Issue: Now that we have received the actual CDBG and HOME obligations from HUD, the City’s 2018 budget must be amended. Attached, please find revised budgets with specific changes requested in 2018.

A high level comparison of the anticipated budgets versus the actual allocations is listed below:

Description Anticipated 2018 Actual 2018 Variance Budget Allocation CDBG $1,295,836 $1,441,229 $145,293 HOME $ 304,806 $ 417,212 $112,406

In addition to amending the City of New Rochelle’s FY 2018 adopted budget, it is the requirement of HUD that the City submit an Annual Action Plan. The Action Plan identifies the activities to be funded with CDBG and HOME funds during the 2018 program year.

As required by HUD, it is necessary to schedule a thirty (30) day public comment period that will extend from June 13, 2018 to July 13, 2018. Recommendation:

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In order to implement the actions described above, the Department of Development is requesting the following actions be taken by City Council: 1. Set a Public Hearing for July 10, 2018 for the 2018 Annual Action Plan and amended budgets. 2. At the Regular Legislative Meeting on July 17, 2018, take the following actions: a) Approve the amended budget increasing the 2018 CDBG Budget b) Approve the amended budget increasing the 2018 HOME Budget c) Approve the submission of the 2018 Annual Action Plan

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LEGISLATION RESOLUTION ADOPTING AMENDMENTS TO THE 2018 CDBG AND HOME BUDGETS AND THE 2018 ANNUAL ACTION PLAN.

BE IT RESOLVED by the Council of the City of New Rochelle that after a public hearing held on July 10, 2018, this City Council hereby adopts the amended 2018 CDBG and HOME budgets and 2018 Annual Action Plan, in form on file in the City Clerk’s Office; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute and submit such documentation as may be necessary and required to the U.S. Department of Housing and Urban Development.

ATTACHMENTS: 1. CDBG and HOME Budget

Packet Pg. 7 1.a Attachment: CDBG and HOME Budget (1332 : PROPOSED LEGISLATION APPROVING 2018 HUD ANNUAL PLAN AND BUDGET AMENDMENT

Packet Pg. 8 1.a Attachment: CDBG and HOME Budget (1332 : PROPOSED LEGISLATION APPROVING 2018 HUD ANNUAL PLAN AND BUDGET AMENDMENT

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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: July 10, 2018 SUBJECT: PROPOSED LEGISLATION APPROVING 2018 - 2022 FIVE YEAR CONSOLIDATED PLAN FOR CDBG AND HOME Resolution authorizing submission of 2018- 2022 Five Year Consolidated Plan for CDBG and HOME Plan to U.S. Department of Housing and Urban Development (HUD)

Background: The City of New Rochelle is required by federal law to submit a five year Consolidated Plan (Con Plan) in order for the City to continue to receive its annual CDBG and HOME funding allocations.

Issue: The preparation of the Con Plan includes a citizen participation process. To that end, last summer, City staff conducted a series of community and stakeholder meetings to engage the community in identifying local needs and priorities for the next five years.

In addition, HUD requires the City to schedule a thirty (30) day public comment period that will extend from June 13, 2018 to July 13, 2018. This comment period allows for additional community input and comment.

Recommendation: City staff recommends that City Council set a Public Hearing for July 10 for the 2018-2022 Con Plan. We further request that City Council authorize the submission of the 2018-2022 Con Plan to HUD at the regular legislative meeting on July 17, 2018.

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LEGISLATION RESOLUTION ADOPTING THE 2018-2022 FIVE YEAR CONSOLIDATED PLAN FOR CDBG AND HOME PROGRAMS.

BE IT RESOLVED by the Council of the City of New Rochelle that after public hearing held on July 10, 2018, at 7:00 p.m., this City Council hereby adopts the 2010-2022 Five Year Consolidated Plan for CDBG and HOME Programs, in form on file in the City Clerk’s Office; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute and submit such documentation as may be necessary and required to the U.S. Department of Housing and Urban Development.

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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: July 10, 2018 SUBJECT: PROPOSED AMENDMENT TO ZONING CODE, CHAPTER 331 - SCHEDULE OF OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS Proposed legislation to amend the Zoning Code, Chapter 331, as it pertains to parking and loading requirements for undersized parcels. (Public Hearing July 10, 2018)

Introduction:

All private property land uses are subject to minimum parking and loading space requirements. These requirements vary depending on the scale of a use. However, smaller parcels and buildings that were built prior to the proliferation of automobiles, provide an urban form that does not support on-site parking. Applying traditional zoning parameters that require on-site parking creates several problems for existing development patterns, particularly in our downtown as discussed below.

Review:

The City’s downtown includes a number of parcels that were designed in a manner that did not consider automobiles. The resulting urban form is one that is pedestrian and business friendly, and promoted through the City’s form based code. As automobiles began to proliferate, the users of these parcels relied on on-street parking, and municipal parking facilities to satisfy their parking needs.

While many parcels and their users are grand-fathered, and protected from the current requirements for off-street parking, problems arise if a use becomes vacant and/or abandoned (with either a vacant commercial space, or a completely vacant parcel). In order to occupy these areas, the site must not provide a use and/or square footage that exceeds what previously existed. If it does, it would either need to construct on-site parking, or seek a variance. From a design perspective, providing on-site parking is simply problematic. Further, it would destroy the urban fabric the City is trying to protect and promote. Perhaps most concerning is the impact this causes on the commercial real estate market. The code limits a property owner’s ability to fill space, which contributes to the existence of vacant storefronts, or uses occupying spaces that not do not meet a site’s full potential.

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Recognizing this, many communities across the country have taken measures to eliminate parking requirements that are detrimental to commercial areas. In some cases, this means completely eliminating parking requirements. In others, communities have eliminated requirements for only commercial uses. Some communities have eliminated parking requirements for smaller businesses. Given the City’s need to balance our urban/suburban reality, it is recommended that a code amendment be adopted that would take the latter, more conservative approach, with an additional caveat. As shown in the accompanying code amendment, it is recommended that the city eliminate parking and loading space requirements for existing commercial spaces with less than 2,000 square feet of gross floor area, and an occupancy that does not exceed 49 people. Further, no additional parking shall be required for outdoor dining where it is otherwise compliant with the area and occupancy standards noted above.

Recommendation:

Staff recommends that Council set a public hearing on the proposed amendment and refer same to the Planning Board and Westchester County Planning Board. It is also recommended that the City Council declare itself Lead Agency for the purposes of an environmental review pursuant to the State Environmental Quality Review Act (SEQRA). The Short Environmental Assessment Form (SEAF) is attached.

Staff recommends that the Council approve this amendment pending the outcome of the public hearing and responses from the City’s Planning Board, and the Westchester County Planning Board.

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LEGISLATION ORDINANCE AMENDING SECTION 331-95, OUTDOOR DINING, AND SECTION 331-126, SCHEDULE OF OFF- STREET PARKING AND LOADING SPACE REQUIREMENTS, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE.

BE IT ORDAINED by the City of New Rochelle:

Section 1. Section 331-95, Outdoor Dining, of the New Rochelle Zoning Code, is hereby amended as follows:

§ 331-95 Outdoor Dining.

D. Off-street parking spaces shall be provided as required for restaurants in § 331-126 of this chapter, except that [where outdoor dining represents only a relocation of indoor seating and there is no increase in overall capacity of the restaurant or] where outdoor seating will be in the form of a sidewalk cafe on public property, no additional off-street parking need be provided. Further, no additional parking shall be required if restaurant is compliant with § 331-126D.(4)

Section 2. Section 331-126, Schedule of off-street parking and loading space requirements, of the New Rochelle Zoning Code, is hereby amended as follows:

§ 331-126 Schedule of off-street parking and loading space requirements.

D. Effect on existing structures and uses. Structures and uses legally in existence or for which building permits have been issued prior to the effective date of this chapter shall not be subject to the parking or loading space requirements of this chapter, provided that any parking and loading facilities existing or approved to serve such structures or uses shall not in the future be reduced or redesignated to serve other structures or uses, except to the extent that they exceed such requirements. At the time of any enlargement, change or expansion of existing structures or uses in the future, the following requirements shall apply:

(1) Required parking and loading facilities for that part of the structure or use which constitutes an enlargement or expansion shall be provided in accordance with all requirements of this chapter.

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(2) To the maximum extent deemed feasible and reasonable by the Planning Board, during site plan review and approval, parking and loading facilities shall also be provided to serve the existing portion of such structure or use that does not conform to all parking and loading space requirements of this chapter.

(3) At the time of any change of use which would result in an increased off-street parking or loading space requirement, the additional parking and loading spaces so required shall be provided in accordance with all applicable requirements of this chapter.

(4) The provisions in items § 331-126D(1)-(3), regardless of use, shall not apply to existing commercial spaces with less than two thousand square feet of gross floor area, and an occupancy that does not exceed 49 people.

Matter [bracketed] deleted. Matter underlined added.

ATTACHMENTS: 1. Short EAF Parking Requirements

Packet Pg. 15 3.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND

Packet Pg. 16 3.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND

Packet Pg. 17 3.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND

Packet Pg. 18 3.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND

Packet Pg. 19 3.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND

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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: July 10, 2018 SUBJECT: PROPOSED RESOLUTION AUTHORIZING SUBMISSION OF 2018 NYS CONSOLIDATED FUNDING (CFA) GRANT APPLICATION Proposed resolution in support of submission of 2018 NYS CFA grant application for Lincoln-North Complete Streets – Phase III through the NYS Department of Environmental Conservation (DEC) Climate Smart Communities Program

Background The NYS Consolidated Funding Application (CFA) process was announced in early May. Again, this year, the City Council is requested to authorize the City Manager to submit applications to the 2018 NYS CFA process. The Department of Development staff has been discussing various grant opportunities that could be utilized as a source of funding for projects that would further the City’s goals. The Consolidated Funding Applications are due to the State no later than July 27, 2018. To date, the following project has been determined as eligible for funding through the CFA:

· Lincoln-North Complete Streets - Phase III - The City is in receipt of two previous grants regarding its Complete Streets program totaling $4.5 million. Phase I of these funds are being used to design and construct the City’s Quaker Ridge Road Diet. Phase II funds are providing partial funding to complete Quaker Ridge and will be used to begin planning/designing Complete Streets on North Avenue. Phase III funding will allow the City to implement its design on North and Lincoln Avenues.

Recommendation: To meet the States requirement to identify the specific program and funding agency, the Department of Development recommends that the City Council pass a resolution supporting the grant submission through the NYS Department of Environmental Conservation (DEC) Climate Smart Communities Program. A City Council Resolution in support of the application suggests a unified approach to seeking funding through NYS and other funding agencies/sources.

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LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A NEW YORK STATE CONSOLIDATED FUNDING APPLICATION (CFA) FOR LINCOLN-NORTH COMPLETE STREETS - PHASE III THROUGH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) CLIMATE SMART COMMUNITIES PROGRAM.

WHEREAS, the New York State Consolidated Funding Application (CFA) process was announced in May 2018, and the Department of Development staff has been discussing various grant opportunities that could be utilized as a source of funding for projects that would further the City’s goals; and

WHEREAS, to date, the following project has been determined as eligible for funding through the CFA; and

Lincoln-North Complete Streets - Phase III - The City is in receipt of two previous grants regarding its Complete Streets program totaling $4.5 million. Phase I of these funds shall be used to design and construct the City’s Quaker Ridge Road Diet. Phase II funds shall provide partial funding to complete Quaker Ridge and will be used to begin planning/designing Complete Streets on North Avenue. Phase III funding will allow the City to implement its design on North and Lincoln Avenues; and

WHEREAS, to meet the State’s requirement to identify the specific program and funding agency, the Department of Development recommends that the City Council pass a resolution supporting the grant submission through the New York State Department of Environmental Conservation (DEC) Climate Smart Communities Program; now, therefore,

BE IT RESOLVED, that the City Manager is hereby authorized to execute documentation to submit this application through the New York State Consolidated Funding process.

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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: July 10, 2018 SUBJECT: PROPOSED RESOLUTION FOR SUBMISSION OF 2018 TAP/CMAQ GRANT AND INTENT TO PROVIDE MATCHING FUNDS Proposed resolution in support of submission of 2018 TAP/CMAQ grant application and intent to provide 20% matching funds for Lincoln Ave Corridor

Introduction In 2016, the City of New Rochelle received TAP-CMAQ funds for the Quaker Ridge Road Diet in the amount of $3.5 million. The City has just engaged Barton & Loguidice on the pre- engineering and design of this roadway and will begin designing the complete street project in the fall. To continue this momentum, the City applied for funds through the 2017 NYS Consolidated Funding program for a complete streets project on North Avenue between Quaker Ridge and Eastchester Roads and was also awarded $804K for that corridor.

Currently, the City of New Rochelle is applying for another round of funding through the TAP- CMAQ program to transform the Lincoln Avenue corridor (between North Avenue and Webster Avenue) into a complete street that includes new and relocated crosswalks and bus stops, bike sharrows, and roadway modifications at specific intersections (extended merge distances and right-in/right-out driveways). Consistent with the City’s adopted Complete Streets Policy, the proposed project would improve visibility and safety along the corridor for all ages and modes of transportation and enhance pedestrian connections to parks and other community facilities along the corridor. The estimated budget for these improvements is approximately $1.1 million with a 20% required match of funds by the City of New Rochelle. This amount is estimated at $220K based on the total project costs.

Recommendation: It is recommended by the Department of Development staff that the City adopt a resolution authorizing the City Manager to execute and support this application and also its intent to provide the 20% match if the City’s application is awarded funding.

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LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE 2018 TAP/CMAQ GRANT APPLICATION AND APPROVING THE REQUIRED 20% MATCHING FUNDS FROM THE CITY RELATIVE TO THE LINCOLN AVENUE CORRIDOR.

WHEREAS, in 2016 the City of New Rochelle received TAP-CMAQ funds for the Quaker Ridge Road Diet in the amount of $3.5 million; and

WHEREAS, the City has engaged Barton & Loguidice on the pre-engineering and design of this roadway and will begin designing the complete street project in the fall of 2018; and

WHEREAS, to continue this momentum, the City applied for funds through the 2017 NYS Consolidated Funding program for a complete streets project on North Avenue between Quaker Ridge and Eastchester Roads and was also awarded $804,000 for that corridor; and

WHEREAS, the City of New Rochelle is applying for another round of funding through the TAP-CMAQ program to transform the Lincoln Avenue corridor (between North Avenue and Webster Avenue) into a complete street that includes new and relocated crosswalks and bus stops, bike sharrows, and roadway modifications at specific intersections (extended merge distances and right-in/right-out driveways); and

WHEREAS, consistent with the City’s adopted Complete Streets Policy, the proposed project would improve visibility and safety along the corridor for all ages and modes of transportation and enhance pedestrian connections to parks and other community facilities along the corridor; and

WHEREAS, the estimated budget for these improvements is approximately $1.1 million with a 20% required match of funds by the City of New Rochelle (estimated at $220,000 based on the total project costs); now, therefore,

BE IT RESOLVED, that the City Manager is hereby authorized to make such representation and execute such documentation as may be necessary and required to submit this application and authorizes the required local match of 20% if the City’s application is awarded funding relative to the Lincoln Avenue Corridor.

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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: July 10, 2018 SUBJECT: RESOLUTION LEAD AGENCY CODE AMENDMENTS NEIGHBORHOOD BUSINESS 2.0 Resolution declaring lead agency status relative to the proposed Ordinance amending Section 331-28, Purposes Stated, amending Schedule of Dimensional Regulations, Nonresidence Districts, and amending Article IX, Dimensional and other requirements, by adding Section 331-73.3, NB-2.0 Neighborhood Business 2.0, 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 331-28, Purposes Stated, amending Schedule of Dimensional Regulations, Nonresidence Districts, and amending Article IX, Dimensional and other requirements, by adding Section 331- 73.3, NB-2.0 Neighborhood Business 2.0, 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 331-28, PURPOSES STATED, AMENDING SCHEDULE OF DIMENSIONAL REGULATIONS, NONRESIDENCE DISTRICTS, AND AMENDING ARTICLE IX, DIMENSIONAL AND OTHER REQUIREMENTS, BY ADDING SECTION 331- 73.3, NB-2.0 NEIGHBORHOOD BUSINESS 2.0, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE.

WHEREAS, this City Council hereby wishes to declare itself to be the Lead Agency with respect to the environmental review of the actions to amend Section 331-28, Purposes Stated, amending Schedule of Dimensional Regulations, Nonresidence Districts, and Amending Article IX, Dimensional and Other Requirements, by adding Section 331-73.3, NB-2.0 Neighborhood Business 2.0, of Chapter 331, Zoning, of the Code of the City of New Rochelle; 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 Planning Board 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: July 10, 2018 SUBJECT: PROPOSED PUBLIC HEARING FOR AMENDMENT TO CHAPTER 331, ZONING CODE: NEIGHBORHOOD BUSINESS 2.0 DISTRICT Proposed resolution directing Public Hearing for amendment to chapter 331 of the City's zoning code for Neighborhood Business 2.0 District

Proposed Public Hearing for amendment to chapter 331, zoning code: neighborhood business 2.0 district

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LEGISLATION RESOLUTION SCHEDULING A PUBLIC HEARING RELATIVE TO THE PROPOSED AMENDING SECTION 331-5, ENUMERATION OF DISTRICTS, AMENDING SECTION 331-28, PURPOSES STATED, AMENDING SCHEDULE OF DIMENSIONAL REGULATIONS, NONRESIDENCE DISTRICTS, AND AMENDING ARTICLE IX, DIMENSIONAL AND OTHER REQUIREMENTS, BY ADDING SECTION 331-73.3, NB-2.0 NEIGHBORHOOD BUSINESS 2.0, 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 September 12, 2018 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 331-5, ENUMERATION OF DISTRICTS, AMENDING SECTION 331-28, PURPOSES STATED, AMENDING SCHEDULE OF DIMENSIONAL REGULATIONS, NONRESIDENCE DISTRICTS, AND AMENDING ARTICLE IX, DIMENSIONAL AND OTHER REQUIREMENTS, BY ADDING SECTION 331-73.3, NB-2.0 NEIGHBORHOOD BUSINESS 2.0, 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 Law

MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Kathleen E. Gill, Corporation Counsel DATE: July 10, 2018 SUBJECT: RESOLUTION ISSUING A NEGATIVE DECLARATION FOR PROPOSED AMENDMENT TO CHAPTER 331, ZONING, RELATIVE TO NEIGHBORHOOD BUSINESS 2.0 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 of amending Section 331-5, Enumeration of Districts, amending Section 331-28, Purposes Stated, amending Schedule of Dimensional Regulations, Nonresidence Districts, and amending Article IX, Dimensional and other requirements, by adding Section 331-73.3, NB-2.0 Neighborhood Business 2.0, of Chapter 331, Zoning, of the Code of the City of New Rochelle. (For introduction only)

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 of amending Section 331-5, Enumeration of Districts, amending Section 331-28, Purposes Stated, amending Schedule of Dimensional Regulations, Nonresidence Districts, and amending Article IX, Dimensional and other requirements, by adding Section 331-73.3, NB-2.0 Neighborhood Business 2.0, of Chapter 331, Zoning, of the Code of the City of New Rochelle.

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LEGISLATION 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 SECTION 331-5, ENUMERATION OF DISTRICTS, AMENDING SECTION 331-28, PURPOSES STATED, AMENDING SCHEDULE OF DIMENSIONAL REGULATIONS, NONRESIDENCE DISTRICTS, AND AMENDING ARTICLE IX, DIMENSIONAL AND OTHER REQUIREMENTS, BY ADDING SECTION 331-73.3, NB-2.0 NEIGHBORHOOD BUSINESS 2.0, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE. (For introduction only)

WHEREAS, this City Council declared itself to be the Lead Agency for the purposes of the environmental review of the Proposed Action to amend Section 331-28, Purposes Stated, amending Schedule of Dimensional Regulations, Nonresidence Districts, and Amending Article IX, Dimensional and Other Requirements, by adding Section 331-73.3, NB-2.0 Neighborhood Business 2.0, 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, 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 the EAF, hereby determines 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.

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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: July 10, 2018 SUBJECT: PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, CREATING NEIGHBORHOOD BUSINESS 2.0 DISTRICT (For introduction only)

Introduction:

There are thirteen Neighborhood Business districts in the City of New Rochelle. Some of these are more urbanized than others, and review of these areas are warranted to better fit the existing conditions and future needs for the community. Further, as discussed below, an area has been identified that fits the character of a neighborhood business district, but is zoned residential. Recommendations on these areas are noted below.

Review:

As mentioned above, there are thirteen Neighborhood Business districts in the City, which includes a couple in the North End (e.g. ), a couple of the south end along Pelham Road, and the remainder falling in between. While those that are within the Downtown Overlay Zone (DOZ) have zoning opportunities to expand and/or redevelop, one of these zones, shown on an accompanying map, is largely outside of the DOZ, but has a very urban character along Main Street. The zone generally covers Main Street from Weyman Avenue to Pintard Avenue, and Drake Avenue from Main Street to Woodbury Street. The existing character of this area on Main Street is inconsistent with the zoning, which restricts buildings to a height of two stories or 30 feet, a floor area ratio of 0.5, and a building coverage of 50-percent.

Additionally, the properties located at the intersection of Webster Avenue and Washington Avenue are all commercially used, but nonconforming as they are residentially zoned. These properties have long been commercial, and have great potential to serve the neighborhood, but are underutilized.

In order to address these issues, it is recommended that a new zone be created to better fit existing conditions, and to promote reinvestment in these areas. A new Neighborhood Business 2.0 district is proposed that will be quite similar to the Neighborhood Business district, except that it will allow height, floor area ratio and coverage that is more appropriate for these areas on

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the periphery of the downtown. Draft zoning language, maps, and an environmental assessment form are attached for review.

Recommendation:

Staff recommends that Council set a public hearing on the proposed amendment and refer same to the Planning Board and Westchester County Planning Board. It is also recommended that the City Council declare itself Lead Agency for the purposes of an environmental review pursuant to the State Environmental Quality Review Act (SEQRA). The Short Environmental Assessment Form (SEAF) is attached.

Staff recommends that the Council approve this amendment pending the outcome of the public hearing and responses from the City’s Planning Board, and the Westchester County Planning Board.

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LEGISLATION ORDINANCE AMENDING SECTION 331-5, ENUMERATION OF DISTRICTS, AMENDING SECTION 331-28, PURPOSES STATED, AMENDING SCHEDULE OF DIMENSIONAL REGULATIONS, NONRESIDENCE DISTRICTS, AND AMENDING ARTICLE IX, DIMENSIONAL AND OTHER REQUIREMENTS, BY ADDING SECTION 331-73.3, NB-2.0 NEIGHBORHOOD BUSINESS 2.0, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE. (For introduction only)

BE IT ORDAINED by the City of New Rochelle:

Section 1. Section 331-5, Enumeration of districts, of the New Rochelle Zoning Code, is hereby amended as follows:

§ 331-5. Enumeration of districts.

Commercial/Industrial Districts

Neighborhood Business 2.0 NB-2.0

Section 2. Section 331-28 Purposes Stated, of the New Rochelle Zoning Code, is hereby amended as follows:

§ 331-28. Purposes Stated.

C. Commercial/Industrial Districts

(7) For the NB-2.0 Neighborhood Business 2.0 District, to serve the retail, personal service and office uses located in residential neighborhoods that are close to downtown, but primarily not within the Downtown Overlay Zone, including the provision of adequate on-site parking.

Section 3. Article IX, Dimensional and Other Requirements of the New Rochelle Zoning Code, is hereby amended by adding the following:

Article IX: Dimensional and Other Requirements.

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§ 331-73.3 NB-2.0 Neighborhood Business 2.0

A. Dimensional requirements.

(1) Maximum building height shall be 3 stories or 40 feet. (2) Maximum permitted floor area ratio (FAR) shall be 2.0. (3) The maximum permitted lot coverage shall be 100% for all buildings and 100% for all impervious surfaces.

B. Off-street parking requirements.

(1) Refer to Article XIV of this chapter. (2) Where provided on-site, parking is prohibited from being located between a principal building and a municipal right-of-way, except for a corner lot, which may permit parking between a building and a street along one frontage, and parking to the side of the building on another frontage.

Section 4. Schedule of Dimensional Regulations, Nonresidence Districts, of the New Rochelle Zoning Code, is hereby amended as follows:

Attachment 3 - Schedule of Dimensional Regulations, Nonresidence Districts

Matter [bracketed] deleted. Matter underlined added.

ATTACHMENTS: 1. NB-2.0 EAF.Signed 2. NB-2.0 Maps

Packet Pg. 34 9.a Attachment: NB-2.0 EAF.Signed (1368 : PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, RE:NEIGHBORHOOD BUSINESS 2.0

Packet Pg. 35 9.a Attachment: NB-2.0 EAF.Signed (1368 : PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, RE:NEIGHBORHOOD BUSINESS 2.0

Packet Pg. 36 9.a Attachment: NB-2.0 EAF.Signed (1368 : PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, RE:NEIGHBORHOOD BUSINESS 2.0

Packet Pg. 37 9.a Attachment: NB-2.0 EAF.Signed (1368 : PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, RE:NEIGHBORHOOD BUSINESS 2.0

Packet Pg. 38 9.a Attachment: NB-2.0 EAF.Signed (1368 : PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, RE:NEIGHBORHOOD BUSINESS 2.0

Packet Pg. 39 9.b Attachment: NB-2.0 Maps (1368 : PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, RE:NEIGHBORHOOD BUSINESS 2.0 DISTRICT)

Packet Pg. 40 9.b Attachment: NB-2.0 Maps (1368 : PROPOSED AMENDMENT TO CHAPTER 331, ZONING CODE, RE:NEIGHBORHOOD BUSINESS 2.0 DISTRICT)

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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: July 10, 2018 SUBJECT: PROPOSED PUBLIC HEARING FOR SECTION 8 2019 ANNUAL PHA PLAN AND ADMINISTRATIVE PLAN Proposed Public Hearing for the 2019 Annual PHA Plan and Amended Section 8 Administrative Plan

Proposed Public Hearing for the 2019 Annual PHA Plan and Amended Section 8 Administrative Plan

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LEGISLATION RESOLUTION DIRECTING PUBLIC HEARING RELATIVE TO THE 2019 ANNUAL PUBLIC HOUSING AUTHORITY (PHA) PLAN AND AMENDED SECTION 8 ADMINISTRATIVE PLAN.

BE IT RESOLVED by the Council of the City of New Rochelle that this City Council shall hold a public hearing on September 12, 2018 at 7:00 P.M. in the City Council Chambers, City Hall, 515 North Avenue, New Rochelle, New York relative to the Section 8 PHA 2019 Annual Plan and Administrative Plan in accordance with the Quality Housing and Work Responsibility Act of 1998 (QHWRA); 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 (10) days prior to the public hearing date.

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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: July 10, 2018 SUBJECT: PROPOSED RESOLUTION ACCEPTING SECTION 8 2019 ANNUAL PHA PLAN AND ADMINISTRATIVE PLAN Proposed resolution to adopt and approve the 2019 Annual PHA Plan and Amended Section 8 Administrative Plan (For introduction only)

Background: The Quality Housing and Work Responsibility Act of 1998 (QHWRA) requires every Public Housing Authority (PHA) to prepare an Annual PHA Plan which is to be submitted to HUD (U.S. Department of Housing and Urban Development).

The 2019 Annual PHA Plan (attached) outlines the City’s goals and objectives for addressing the needs of Housing Choice Voucher holders in the coming year. It also reports the agency’s progress in meeting its mission as outlined in the Five-Year PHA Plan.

HUD requires a public comment period of 45 days prior to a public hearing on the Annual PHA Plan.

Recommendation: 1. Set a public hearing for the September Committee of the Whole Meeting on September 12, 2018. The 45- day comment period as required by HUD will extend from July 27 until September 13, 2018.

2. At the Legislative meeting on September 20, 2018, City Council adopts and approves the 2019 Annual PHA Plan.

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LEGISLATION RESOLUTION ADOPTING THE 2019 ANNUAL PUBLIC HOUSING AUTHORITY (PHA) PLAN AND AMENDED SECTION 8 ADMINISTRATIVE PLAN. (For introduction only)

BE IT RESOLVED by the Council of the City of New Rochelle that after a public hearing held on September 12, 2018, this City Council hereby adopts the Section 8 PHA 2019 Annual Plan and Administrative Plan in accordance with the Quality Housing and Work Responsibility Act of 1998 (QHWRA); and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute and submit such documentation as may be necessary and required to the U.S. Department of Housing and Urban Development.

ATTACHMENTS: 1. DRAFT 2019 PHA ANNUAL PLAN

Packet Pg. 45 11.a U.S. Department of Housing and Urban Development OMB No. 2577-0226 Streamlined Annual Office of Public and Indian Housing Expires 02/29/2016 PHA Plan (HCV Only PHAs)

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families

Applicability. Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

Definitions.

(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled.

A. PHA Information.

CITY OF NEW ROCHELLE NY113 A.1 PHA Name: ______PHA Code: ______PHA Plan for Fiscal Year Beginning: (MM/YYYY): 01/2019______PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) _1165______PHA Plan Submission Type:  Annual Submission Revised Annual Submission

Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

Not Applicable to this PHA PHA Consortia: (Check box if submitting a joint Plan and complete table below) Program(s) not in the Participating PHAs PHA Code Program(s) in the Consortia No. of Units in Each Program Consortia Lead HA:

Attachment: DRAFT 2019 PHA ANNUAL PLAN (1377 : PROPOSED RESOLUTION ACCEPTING SECTION 8 AND

Page 1 of 4 form HUD-50075-HCV (12/2014) Packet Pg. 46 11.a

B. Annual Plan.

B.1 Revision of PHA Plan Elements.

(a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? NO

Y N Housing Needs and Strategy for Addressing Housing Needs. Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. Financial Resources. Rent Determination. Operation and Management. Informal Review and Hearing Procedures. Homeownership Programs. Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. Substantial Deviation. Significant Amendment/Modification.

(b) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2 New Activities

(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? NO

Y N Project Based Vouchers.

(b) If this activity is planned for the current Fiscal Year, describe the activities. Provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.

B.3 Most Recent Fiscal Year Audit.

(a) Were there any findings in the most recent FY Audit? NO

Y N N/A

(b) If yes, please describe:

B.4 Civil Rights Certification

Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. The City Manager will sign the form once Council adopts the Plan. It will be attached herein.

B.5 Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. The City Manager will sign once Council adopts the Plan. It will be attached herein.

B.6 Progress Report. Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan. 1. Expanding supply of affordable units: the PHA has implemented payments standards at the maximum allowable rate of 110% of HUD Fair Market Rents in order to attract potential landlords and maintain a high rate of retention for current landlords. The PHA continues to issue Housing Choice Vouchers to applicants on our waiting list at the rate of 30 vouchers per month. 2. Promoting Self-Sufficiency: our final FSS enrollee with an escrow account graduated in January 2018. 3. Ensuring access to assisted housing for all participants: The PHA actively engages and informs all participants and owners regarding federal and local laws (i.e. VAWA) which prohibit discrimination based on race, color, religion, ethnicity, creed, national origin, familial status, gender, marital status, sexual orientation, disability, source of income, domestic or dating violence, stalking or sexual assault. The PHA has adopted an Emergency Transfer Plan for victims of domestic or dating violence, stalking or sexual assault who must be relocated to safety expeditiously. For those program participants with Limited English Proficiency, we have bilingual staff (Spanish). We will provide documents in Spanish upon request. Any other language request will be accommodated where possible. The PHA will grant a disabled participant’s request for a reasonable accommodation in the form of a voucher term extension in order to find a suitable unit.

Attachment: DRAFT 2019 PHA ANNUAL PLAN (1377 : PROPOSED RESOLUTION ACCEPTING SECTION 8 AND

Page 2 of 4 form HUD-50075-HCV (12/2014)Packet Pg. 47 11.a

2 Resident Advisory Board (RAB) Comments.

(a) Did the RAB(s) provide comments to the PHA Plan?

Y N We are currently conducting outreach to our participants in order to solicit their comments and recommendations. The final version of this plan will include input from participants as well as comments from the public hearing on 9/12/18.

(a) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. To be attached to finalized plan.

Instructions for Preparation of Form HUD-50075-HCV Annual PHA Plan for HCV Only PHAs ______

A. PHA Information. All PHAs must complete this section. (24 CFR §903.23(4)(e))

A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))

B. Annual Plan. All PHAs must complete this section. (24 CFR §903.11(c)(3))

B.1 Revision of PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."

Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income families who reside in the PHA’s jurisdiction and other families who are on the Section 8 tenant-based waiting list. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1) and 24 CFR §903.7(a)(2)(i)). Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. 24 CFR §903.7(a)(2)(ii)

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b))

Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))

Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents , and payment standard policies. (24 CFR §903.7(d))

Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)(3)(4)).

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))

Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of 1968 and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)). Attachment: DRAFT 2019 PHA ANNUAL PLAN (1377 : PROPOSED RESOLUTION ACCEPTING SECTION 8 AND Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))

Page 3 of 4 form HUD-50075-HCV (12/2014)Packet Pg. 48 11.a

Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs. See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii))

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project-Based Vouchers (PBVs) in the current Fiscal Year, mark “yes” for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake this activity, mark “no.” (24 CFR §983.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937.

Project-Based Vouchers (PBV). Describe any plans to use HCVs for new project-based vouchers. If using PBVs, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan. B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.11(c)(3), 24 CFR §903.7(p))

B.4 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o))

B.5 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15)

B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1))

B.7 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19)

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality Attachment: DRAFT 2019 PHA ANNUAL PLAN (1377 : PROPOSED RESOLUTION ACCEPTING SECTION 8 AND

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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: July 10, 2018 SUBJECT: PROPOSED RESOLUTION AUTHORIZING AWARD OF RFP 5229 FOR USE AND OCCUPANCY OF TRAIN STATION Proposed resolution authorizing award of RFP Spec 5229 and authorize the City Manager to enter into a lease agreement with Cody’s Coffee Shop to occupy the space on the ground and second floors of the Railroad Station pursuant to their proposal submitted in response to RFP #5229 on June 13th, 2018.

Background The Department of Development issued RFP 5229 for the leasing of commercial space on the first and second levels at the New Rochelle Train Station. The space consists of approximately 1,393 square feet combined, formerly occupied by Bluebird Taxi, Pelham One Stop Cleaners and Sheila Small, Esq. The Department of Development proposes to award the lease to a vendor that would use the space as a coffee shop on the first level and co-working space on the second level.

Issue: In response to the RFP, there were four (4) proposals received. Based on a review by the Selection Committee, which consisted of staff from the Department of Development and Finance, the Selection Committee chose the winning proposal as Cody’s Coffee.

Cody’s Coffee aims to be the go-to place for coffee and juice lovers on the go. They are dedicated to serving the highest quality coffee, cold brews, fresh organic juices and tea all within a beautiful atmosphere aimed to inspire creativity within our community. They are highly focused on providing an artfully crafted environment that elevates the commuters overall experience at the station. In a rapidly growing professional community with fewer options that encourage networking for like-minded individuals our location can centralize the population to encourage such gatherings. To achieve this goal, they intend not only to offer remarkable products and service but also to create a state of the art co-working space above Cody’s Coffee to offer commuters a space to get their day started long before they hit the office. We truly believe that re- activating these spaces will enhance the community and give a new face to the New Rochelle Railroad Station.

The proposal outlines their business model and includes a lease term of five (5) years starting on September 1, 2018 with the option to renew. Rental payment would be as follows:

Packet Pg. 50 12

Year 1 $1,600.00 monthly (First six months: September thru December 2018, January & February 2019 gratis to tenant) Year 2 $1,640.00 monthly Year 3 $1,689.20 monthly Year 4 $1,756.77 monthly Year 5 $1,844.61 monthly

In addition to the above, the proposal includes a capital investment of approximately $70,000 to renovate the space which will result in an improved facility for the City.

Recommendation: The Department of Development recommends that City Council authorize the City Manager to enter into a lease agreement with Cody’s Coffee Shop to occupy the space on the ground and second floors of the Railroad Station pursuant to their proposal submitted in response to RFP #5229 on June 13th, 2018.

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LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH CODY’S COFFEE SHOP FOR USE AND OCCUPANCY OF COMMERCIAL SPACE AT THE NEW ROCHELLE TRAIN STATION.

WHEREAS, the Department of Development issued Request For Proposal (RFP) 5229 for the leasing of commercial space on the first and second levels at the New Rochelle Train Station formerly occupied by Bluebird Taxi, Pelham One Stop Cleaners and Sheila Small, Esq.; and

WHEREAS, four (4) proposals were received in response to the RFP, and based on a review by the Selection Committee comprised of staff from the Department of Development and Finance Department, the Selection Committee chose the winning proposal as Cody’s Coffee; and

WHEREAS, Cody’s Coffee intends to not only offer remarkable products and service, but also create a state of the art co-working space above Cody’s Coffee; and

WHEREAS, it is believed that re-activating these spaces will enhance the community and give a new face to the New Rochelle Railroad Station; and

WHEREAS, rental payment shall be as follows:

· Year 1 $1,600.00 monthly (First six months: September through December 2018, January & February 2019 gratis to tenant) · Year 2 $1,640.00 monthly · Year 3 $1,689.20 monthly · Year 4 $1,756.77 monthly · Year 5 $1,844.61 monthly

now, therefore,

BE IT RESOLVED, that the City Manager is hereby authorized to execute a lease agreement with Cody’s Coffee Shop for use and occupancy of commercial space at the New Rochelle Train Station, upon such terms and conditions which are 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: July 10, 2018 SUBJECT: PROPOSED AMENDMENT TO CITY CODE, CHAPTERS 133 AND 312 RE: TAXI PARKING Proposed ordinance amending Chapters §312-62 parts D, and §133-1 of the City Code to manage taxi/livery vehicle permit parking in all municipal facilities

Overview This memo seeks to outline two code changes to manage taxi/livery vehicle permit parking in all municipal facilities. The changes proposed herein look to the direction of improving residential permit parking facilities and regulate taxi/livery vehicle parking.

Issue: Currently, taxi/livery vehicles are able to obtain a commuter permit at any Municipal parking facility. In order to better manage and regulate taxi/livery vehicle parking in City-owned parking facilities, the following amendments are being proposed:

· Create a taxi/livery vehicle permit type at the NR Transit Center Garage under Section 312-62 Part D, as well as Section 133-1. They must submit a permit application request our permit management system, Park Mobile.

RECOMMENDATION: It is the request of the Department of Development that §312-62 parts D, and §133-1 of the City Code be changed to reflect the requested changes.

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LEGISLATION ORDINANCE AMENDING SECTION 133-1, ENUMERATION OF FEES, OF CHAPTER 133, FEES, AND SECTION 312-62, PARKING LOTS, 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 133-1, Enumeration of fees, is hereby amended as follows:

Code Section Type of Fee Amount

§ 312-62D Public parking lots

Intermodal Transportation Center (ITC) Per hour $1.00 Commuter Annual $1,110.00 Semiannual $605.00 Downtown Restaurant Employee Semiannual $0

Taxi/Livery Vehicle Annual $1,100.00 Semiannual $605.00

Section 2. 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

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New Rochelle Transit Center Parking shall be permitted in this lot, at the rates set forth in Chapter 133, Fees, by payment at a multi-space meter at all times in designated spaces, and by permit in designated spaces at all times. Downtown Restaurant Employee Permits shall be permitted to park in designated spaces seven days a week between the hours of 5pm and 2am and must provide proof of employment from a restaurant in the Downtown Business District of New Rochelle. Taxi/Livery vehicles only permitted to obtain permit parking on the rooftop of this facility.

Matter underlined added.

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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: July 10, 2018 SUBJECT: PROPOSED RESOLUTION DECLARING CITY COUNCIL AS LEAD AGENCY RELATIVE TO DOZ DO-7 AND ISSUANCE OF POSITIVE DECLARATION Proposed resolution declaring City Council as Lead Agency and issue Positive Declaration for the proposed Supplemental Draft Generic Impact Statement (Supplemental GEIS) and Supplemental Final Generic Impact Statement (Supplemental FGEIS) under SEQRA for the creation of the DOZ Waterfront Zone/DO-7

Introduction On May 22, 2018, the City Council declared its Intent to be Lead Agency for the proposed Supplemental Draft Generic Impact Statement (Supplemental GEIS) and Supplemental Final Generic Impact Statement (Supplemental FGEIS) under SEQRA for the creation of the DOZ Waterfront Zone/DO-7. To date the City has received no responses indicating that any other Interested and Involved Agency objected to the City Council being Lead Agency. The required 30-day public comment period ended on June 21, 2018. Next steps pertaining to this matter is for the City Council to adopt Lead Agency status and issue a Positive Declaration. A Public Scoping Session has been scheduled for Wednesday, July 18th in Conference Room B1 located at 90 Beaufort Place at 7PM.

Recommendation It is recommended by the Department of Development staff that the City Council declare Lead Agency and issue a Positive Declaration for the proposed Supplemental Draft Generic Impact Statement (Supplemental GEIS) and Supplemental Final Generic Impact Statement (Supplemental FGEIS) under SEQRA for the creation of the DOZ Waterfront Zone/DO-7.

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LEGISLATION RESOLUTION DECLARING THE CITY COUNCIL TO BE LEAD AGENCY, ISSUING A POSITIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND DIRECTING THAT A DRAFT ENVIRONMENTAL IMPACT STATEMENT BE PREPARED RELATIVE TO THE CREATION OF THE DOZ WATERFRONT ZONE/DO-7.

WHEREAS, the City Council of the City of New Rochelle hereby declares itself to be the Lead Agency in connection with all processing, procedures, determinations and findings to be made or conducted with respect to the proposed creation of the DOZ Waterfront Zone/DO-7 (“Proposed Action”) under Section 8-0101, et. Seq., of the Environmental Conservation Act (“SEQRA”) and the regulations promulgated by the New York State Environmental Conservation thereunder at 6 N.Y.C.R.R. Part 617 “(SEQRA Regulations”); and

WHEREAS, the City Council makes the following determinations:

1. That the Proposed Action will require SEQRA review; 2. That the Proposed Action is a Type I action, which will involve the preparation of an EIS and a coordinated review under SEQRA; 3. That the involved and interested agencies may include: The New Rochelle Planning Board; and The Westchester County Planning Department; 4. That the City Council wishes to assume Lead Agency status in connection with the SEQRA review for the “Proposed Action” described above; and

WHEREAS, a Lead Agency coordination letter was circulated among the various interested and involved agencies together with the Long Form Environmental Assessment Form prepared for the Proposed Action; and

WHEREAS, all interested and involved agencies have submitted letters indicating that they have no objection to the City Council taking Lead Agency in terms of the Proposed Action; and

WHEREAS, the City Council has determined that the Proposed Action constitutes a Type I action under Section 617.12 of the SEQRA Regulations; and

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BE IT RESOLVED by the City Council of the City of New Rochelle that the City Council shall act as Lead Agency for review of the environmental impacts of the Proposed Action; and

BE IT FURTHER RESOLVED that in accordance with Article 8 of the Environmental Conservation Law, a Positive Declaration of Environmental Significance shall be and is hereby issued in connection with the Proposed Action and publication shall be issued in the Environmental Notice Bulletin; and

BE IT FURTHER RESOLVED that a Draft Environmental Impact Statement (“DEIS”) shall be prepared in connection with the Proposed Action in accordance with all substantive and procedural requirements of the SEQRA Regulation, including Section 617.14 thereof; and

Further information regarding this positive declaration may be obtained from Mr. Luiz Aragon, Development Commissioner, City Hall, 515 North Avenue, New Rochelle, NY 10801, (914) 654-2182.

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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: July 10, 2018 SUBJECT: RESOLUTION ISSUING A NEG DEC RELATIVE TO PROPOSED AMENDMENTS TO ZONING CODE, CHAPTER 331 - OUTDOOR DINING, OFF-STREET PARKING, LOADING SPACE REQUIREMENTS: Resolution issuing a negative declaration of environment significance for proposed legislation amending Section 331-95 and Section 331-126 relative to parking and loading requirements for undersized parcels. (For introduction only - see proposed amendment to Zoning Code, Chapter 331, under "PUBLIC HEARING(S) THIS EVENING")

RESOLUTION ISSUING A NEG DEC RELATIVE TO PROPOSED AMENDMENTS TO PARKING CODE Resolution issuing a negative declaration of environment significance for proposed legislation amending Section 331-95 and Section 331-126 relative to parking and loading requirements for undersized parcels.

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LEGISLATION 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 SECTION 331-95, OUTDOOR DINING, AND SECTION 331-126, SCHEDULE OF OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE.

WHEREAS, this City Council declared itself to be the Lead Agency for the purposes of the environmental review of the Proposed Action to amend Section 331-95, Outdoor Dining, and Section 331-126, Schedule of Off-Street Parking and Loading Space Requirements, 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, 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 the EAF, hereby determines 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.

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City of New Rochelle Finance Department

MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Tracy Yogman, Finance Commissioner DATE: July 10, 2018 SUBJECT: PROPOSED AMENDMENT TO THE 2018 BUDGET Ordinance amending Ordinance No. 255 of 2017, The Budget of the City of New Rochelle for 2018, Relative to Operating Needs and Capital Projects

It is recommended that the 2018 adopted budget be amended for the following items:

1. Street Resurfacing: Consolidate the balance remaining in a capital account for crack/sealing to the street resurfacing account.

2. Fire Boots: Transfer available funds for SCBA masks that were purchased last year to capital account for fire boots.

3. New Roc Garage Security: Additional security services will be provided at the New Rock Garage and will be funded with revenue from parking meters.

4. Police Communication Room: The 2018 capital plan included funding of $1m for the police communication system that is over twenty years old and is at the end of its life. This vital system receives and manages requests for emergency services. Additional funding of $174,000 is needed to fund the project that includes radios/mobile devices, furniture, room renovations, replacement system, licenses and antennas. Funding will be appropriated from fund balance.

5. Carpenters Pond: A proposal for the engineering assessment and emergency action plan for Carpenter's Pond dam has been received. Funds from property owners bordering the pond are available in an escrow account (TA-031-1130) for maintenance of the pond and can be used for this proposal. A budget amendment to transfer the funds from the escrow account to the capital account is required.

6. Clean Vessel Assistance Program: The City has been notified that additional funds are available for repairs to the related equipment that are over $5,000. The pumpout boat required repairs of $5,440 and the City is now eligible to receive funding for 75% of the cost. It is recommended that the funding be accepted and a budget amendment approved for the funds.

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7. Organized Crime Drug Enforcement Task Force (OCDETF) Funding: Funding for overtime relating to investigations was received and a budget amendment is required to record the funding.

8. Sanitation Vehicles: The City’s snow and sanitation equipment requires extensive repairs and replacement. Funds are available from a few capital project that have been completed. A budget transfer is recommended to fund the needed equipment in addition to an appropriation from fund balance..

9. Various Capital Projects- The City Hall upgrade project, Police CIU truck and the Police Communication Systems have small balances remaining. These projects were funded through a bond and the remaining balances must be returned to the debt reserve to pay the associated debt service.

10. Capital Projects-Superstorm Sandy: Budget adjustments are needed to adjust funding from FEMA and CDBG for Davenport Park, Neptune Docks, Harbor Patrol and Five Island Parks.

Budget Transfers:

Entry FUND Increase/ E/ Account Description Account Number Amount # (Decrease) R 1 Capital Decrease E Street Resurfacing 1490H-20150 $37,602.50 Capital Increase E Street Resurfacing 1490H-20150-2519 $37,602.50

2 Capital Decrease E SCBA Masks 3410H-24000-2170 $1,580.66 Capital Increase E Fire Boots 3410H-24000-2065 $1,580.66

3 Parking Increase R Fees- Parking Meters- New Roc 5651EP-1741 $52,000 Parking Increase E Contracted Services 5651EP-46000 $52,000

4 General Increase E Transfer to Capital Fund 9999-90380 $174,000 General Increase R Appropriated Fund Balance 1310-9998 $174,000 Capital Increase R Transfer from General Fund 1310H-5031-2524 $174,000 Capital Increase E Police Tech Equip-Comm System 3120H-22000-2524 $174,000

5 Capital Increase R Transfer from Escrow-Carpenters Pond 1490H-5038-1130 $37,850.00 Capital Increase E Park Improvements-Carpenters Pond 1490H-23000-1130 $37,850.00

6 Marine Increase R Motor Equip Repairs- Clean Vessel 7989ER-3889-5157 $4,080.24 Marine Increase E Motor Equip Repairs- Clean Vessel 7989ER-42600-5157 $4,080.24

7 General Increase R Federal Grants 3121-4389-3025 $12,500.00 General Increase E Salaries- OT 3121-14000-3025 $12,500.00

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8 Capital Decrease E Wilmot Lake Dredge 1490H-23000-2207 $17,500 Capital Decrease E Vehicles-Development 6989H-23100-2194 $50,000 Capital Increase E Snow Removal-Spreaders 1490H-23400-2174 $67,500 Capital Decrease E Wilmot Lake Dredge 1490H-23000-2207 $16,466 Capital Increase E Snow Removal-Sweeper 1490H-23400-2174 $16,466 Capital Increase E Snow Removal-Sweeper 1490H-23400-2174 $222,534 General Increase E Transfer to Capital Fund 9999-90380 $222,534 General Increase R Appropriated Fund Balance 1310-9998 $222,534

9 Capital Decrease E Police Communication System 3120H-24000-2514 .43 Capital Increase E Interfund Transfers to Debt Service 3120H-90500-2514 .43

Capital Decrease E Police CIU Truck 3120H-24000-2153 730.83 Capital Increase E Interfund Transfers to Debt Service 3120H-90500-2153 730.83

Capital Decrease E City Hall upgrades 3120H-24000-2007 7,551.78 Capital Increase E Interfund Transfers to Debt Service 3120H-90500-2007 7,551.78 Debt Increase R Interfund Transfers from Capital-Comm 9730V-5039-2514 .43 System Debt Increase R Interfund Transfers from Capital-CIU 9730V-5039-2153 730.83 Debt Increase R Interfund Transfers from Capital-CH 9730V-5039-2007 7,551.78 Upgrades Debt Decrease R Appropriated Fund Balance 9730V-9998 $8,283.04 10 Capital Increase R Appropriated Fund Balance 1310H-9998-2051 $3,032.53 Capital Increase E Transfer to General Fund 7140H-90310-2051 $3,032.53

General Increase R Interfund Transfer from Capital 1310-5039-2051 $3,032.53 General Decrease R Appropriated Fund Balance 1310-9998 $3,032.53

Capital Increase R Appropriated Fund Balance-Harbor 1310H-9998-2094 $4,724.00 Capital Increase E Transfer to General Fund 7140H-90310-2094 $4,724.00

General Increase R Interfund Transfer from Capital-Harbor 1310-5039-2094 $4,724.00 General Decrease R Appropriated Fund Balance 1310-9998 $4,724.00

Capital Decrease R State Revenue- State-Harbor Patrol 7140H-3960 $306.40 Capital Increase R Deferred Revenue- State-Harbor Patrol H-691 $306.40

Capital Increase R Appropriated Fund Balance-5 Islands 1310H-9998-2076 $3,250.00 Capital Increase E Transfer to General Fund-5 Islands 7140H-90310-2076 $3,250.00

General Increase R Interfund Transfer from Capital-5Islands 1310-5039-2076 $3,250.00 General Decrease R Appropriated Fund Balance- 5 Islands 1310-9998 $3,250.00

Capital Increase R State Revenue- 5 Islands 7140H-3960-2076 $7,910.26 Capital Decrease R Appropriated Fund Balance 1310H-9998-2076 $7,910.26

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Capital Increase R Appropriated Fund Balance-Neptune 1310H-9998-2177 $33,783.00 Capital Increase E Transfer to General Fund-Neptune 7140H-90310-2177 $33,783.00

General Increase R Interfund Transfer from Capital-Neptune 1310-5039-2177 $33,783.00 General Decrease R Appropriated Fund Balance- Neptune 1310-9998 $33,783.00

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LEGISLATION ORDINANCE AMENDING ORDINANCE NO. 255 OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2018, RELATIVE TO OPERATING NEEDS AND CAPITAL PROJECTS.

BE IT ORDAINED by the City of New Rochelle:

Section 1. Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for 2018, is hereby amended relative to operating needs and capital projects, as shown on the attached schedule.

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Budget Transfers:

Entry FUND Increase/ E/ Account Description Account Number Amount # (Decrease) R 1 Capital Decrease E Street Resurfacing 1490H-20150 $37,602.50 Capital Increase E Street Resurfacing 1490H-20150-2519 $37,602.50

2 Capital Decrease E SCBA Masks 3410H-24000-2170 $1,580.66 Capital Increase E Fire Boots 3410H-24000-2065 $1,580.66

3 Parking Increase R Fees- Parking Meters- New Roc 5651EP-1741 $52,000 Parking Increase E Contracted Services 5651EP-46000 $52,000

4 General Increase E Transfer to Capital Fund 9999-90380 $174,000 General Increase R Appropriated Fund Balance 1310-9998 $174,000 Capital Increase R Transfer from General Fund 1310H-5031-2524 $174,000 Capital Increase E Police Tech Equip-Comm System 3120H-22000-2524 $174,000

5 Capital Increase R Transfer from Escrow-Carpenters Pond 1490H-5038-1130 $37,850.00 Capital Increase E Park Improvements-Carpenters Pond 1490H-23000-1130 $37,850.00

6 Marine Increase R Motor Equip Repairs- Clean Vessel 7989ER-3889-5157 $4,080.24 Marine Increase E Motor Equip Repairs- Clean Vessel 7989ER-42600-5157 $4,080.24

7 General Increase R Federal Grants 3121-4389-3025 $12,500.00 General Increase E Salaries- OT 3121-14000-3025 $12,500.00

8 Capital Decrease E Wilmot Lake Dredge 1490H-23000-2207 $17,500 Capital Decrease E Vehicles-Development 6989H-23100-2194 $50,000 Capital Increase E Snow Removal-Spreaders 1490H-23400-2174 $67,500 Capital Decrease E Wilmot Lake Dredge 1490H-23000-2207 $16,466 Capital Increase E Snow Removal-Sweeper 1490H-23400-2174 $16,466 Capital Increase E Snow Removal-Sweeper 1490H-23400-2174 $222,534 General Increase E Transfer to Capital Fund 9999-90380 $222,534 General Increase R Appropriated Fund Balance 1310-9998 $222,534

9 Capital Decrease E Police Communication System 3120H-24000-2514 .43 Capital Increase E Interfund Transfers to Debt Service 3120H-90500-2514 .43

Capital Decrease E Police CIU Truck 3120H-24000-2153 730.83 Capital Increase E Interfund Transfers to Debt Service 3120H-90500-2153 730.83

Capital Decrease E City Hall upgrades 3120H-24000-2007 7,551.78 Capital Increase E Interfund Transfers to Debt Service 3120H-90500-2007 7,551.78 Debt Increase R Interfund Transfers from Capital-Comm 9730V-5039-2514 .43

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System Debt Increase R Interfund Transfers from Capital-CIU 9730V-5039-2153 730.83 Debt Increase R Interfund Transfers from Capital-CH 9730V-5039-2007 7,551.78 Upgrades Debt Decrease R Appropriated Fund Balance 9730V-9998 $8,283.04 10 Capital Increase R Appropriated Fund Balance 1310H-9998-2051 $3,032.53 Capital Increase E Transfer to General Fund 7140H-90310-2051 $3,032.53

General Increase R Interfund Transfer from Capital 1310-5039-2051 $3,032.53 General Decrease R Appropriated Fund Balance 1310-9998 $3,032.53

Capital Increase R Appropriated Fund Balance-Harbor 1310H-9998-2094 $4,724.00 Capital Increase E Transfer to General Fund 7140H-90310-2094 $4,724.00

General Increase R Interfund Transfer from Capital-Harbor 1310-5039-2094 $4,724.00 General Decrease R Appropriated Fund Balance 1310-9998 $4,724.00

Capital Decrease R State Revenue- State-Harbor Patrol 7140H-3960 $306.40 Capital Increase R Deferred Revenue- State-Harbor Patrol H-691 $306.40

Capital Increase R Appropriated Fund Balance-5 Islands 1310H-9998-2076 $3,250.00 Capital Increase E Transfer to General Fund-5 Islands 7140H-90310-2076 $3,250.00

General Increase R Interfund Transfer from Capital-5Islands 1310-5039-2076 $3,250.00 General Decrease R Appropriated Fund Balance- 5 Islands 1310-9998 $3,250.00

Capital Increase R State Revenue- 5 Islands 7140H-3960-2076 $7,910.26 Capital Decrease R Appropriated Fund Balance 1310H-9998-2076 $7,910.26

Capital Increase R Appropriated Fund Balance-Neptune 1310H-9998-2177 $33,783.00 Capital Increase E Transfer to General Fund-Neptune 7140H-90310-2177 $33,783.00

General Increase R Interfund Transfer from Capital-Neptune 1310-5039-2177 $33,783.00 General Decrease R Appropriated Fund Balance- Neptune 1310-9998 $33,783.00

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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: July 10, 2018 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXECUTE FRANCHISE TRANSFER REQUEST TVC ALBANY TO NORTHEASTERN FIBER BUYER INC

CITY OF NEW ROCHELLE NEW YORK

June 27, 2018

To: Honorable Mayor and City Council

Thru: Charles B. Strome, III City Manager

From: Scott D. Pickup Commissioner of Public Works

Subject: Franchise Agreements - Transfer of Control

TVC Albany,Inc. (TVC) currently operates and maintains a fiber optic telecommunications system (“Fiber Optic Network”) within the city, through a franchise agreement on April 11, 2016.

The City received a notice of intent and request by TVC Albany, Inc for consent to transfer control to Northeastern Fiber Buyer, Inc. (NFB). Both the Finance Department and our Corporation Counsel have reviewed the documents and have no objections to the transfers of control for either Franchise Agreement.

It is therefore recommended that resolutions granting consent to the transfer of control of the franchise agreement from TVC Albany, Inc. to Northeaster Fiber Buyer, Inc. and authorizing the City Manager to enter into assumption agreements be given.

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CC: Corporation Counsel Commissioner of Finance

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LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE TRANSFER AGREEMENT FROM TVC ALBANY TO NORTHEASTERN FIBER BUYER, INC. RELATIVE TO THE CITY’S FIBER OPTIC NETWORK.

WHEREAS, TVC Albany, Inc. (TVC) currently operates and maintains a fiber optic telecommunications system (“Fiber Optic Network”) within the City through a franchise agreement dated April 11, 2016; and

WHEREAS, the City received a notice of intent and request by TVC Albany, Inc. for consent to transfer control to Northeastern Fiber Buyer, Inc. (NFB); and

WHEREAS, the City’s Finance Department and Corporation Counsel have reviewed the documents and have no objections to the transfers of control for either Franchise Agreement; now, therefore

BE IT RESOLVED, that this City Council hereby authorizes the City Manager to execute a franchise transfer agreement from TVC Albany, Inc. to Northeastern Fiber Buyer, Inc. relative to the City’s Fiber Optic Network, under the terms and conditions acceptable to the City Manager and Corporation Counsel.

ATTACHMENTS: 1. Res Agree TVC Transfer Franchise - NFB

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RESOLUTION GRANTING CONSENT TO THE TRANSFER OF CONTROL OF THE FRANCHISE AGREEMENT FROM TVC ALBANY, INC. d/b/a FIRSTLIGHT FIBER TO NORTHEASTERN FIBER BUYER INC., AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ASSUMPTION AGREEMENT WITH RESPECT THERETO.

WHEREAS, on August 11, 2016, TVC Albany, Inc. d/b/a FirstLight Fiber Inc. (TVC) entered into a Franchise Agreement with the City of New Rochelle to construct, operate and maintain a fiber optic telecommunications system (“Fiber Optic Network”) on, over, or under the streets of the City; and

WHEREAS, pursuant to Section 13 of the Franchise Agreement, no change in control shall occur without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, provided certain conditions set forth in Section 13.3 of the Franchise Agreement are met; and

WHEREAS, on March 19, 2018, TVC submitted a request to transfer control to Northeastern Fiber Buyer, Inc. (NFB) and submitted financial documentation, which was reviewed and approved by the City; and

WHEREAS, the conditions set forth in Section 13.3 of the Franchise Agreement have been met; and

WHEREAS, Northeastern Fiber Buyer, Inc., following the adoption of this resolution, shall execute an Assumption Agreement with the City and NFB, whereby NFB agrees Attachment: Res Agree TVC Transfer Franchise - NFB (1372 : FIRST LIGHT FIBER) to assume and fulfill the obligations and liabilities set forth in the Franchise Agreement; and

NOW THEREFORE, upon review of the evidence submitted, the following facts are adopted:

FIRST: TVC has complied with the transfer procedure set forth in Section 13 of the Franchise Agreement.

SECOND: NFB is of sound financial condition and has the financial resources necessary to perform any and all obligations pursuant to the Franchise Agreement or any

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guaranty or other security with respect thereto.

THIRD: The requested transfer of control is a Type II action under the New York State Environmental Quality Review Act.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of New Rochelle, as follows:

1. The City hereby authorizes, approves and consents to the transfer of control of the Franchise Agreement from TVC to NFB and to execute any necessary documentation with respect to the same.

Attachment: Res Agree TVC Transfer Franchise - NFB (1372 : FIRST LIGHT FIBER)

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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: July 10, 2018 SUBJECT: PROPOSED INTERMUNICIPAL AGREEMENT WITH THE NEW ROCHELLE CITY SCHOOL DISTRICT RE: PELHAM ROAD TRAFFIC SIGNAL REPLACEMENT PROJECT

The Dept of Public Works is working with the NYS Dept of Transportation (NYSDOT) and the NY Metropolitan Transportation Council (NYMTC) to re-start the design of the much-needed Pelham Rd Traffic Signal replacement project (PIN8758.99). In order to maintain Federal and State funding and avoid the need to repay design money already expended, a new schedule is being proposed which will require Design Approval and ROW Acquisition to be complete by June of 2019. The ROW Acquisition requires the City to enter into an Agreement with the School District to obtain an easement from the School District at the NE corner of Pelham Rd and Centre Ave. The School District approved a resolution in 2013 authorizing such agreement. It is recommended that the Council approve a resolution to enter into agreement with the School District.

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LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH THE NEW ROCHELLE CITY SCHOOL DISTRICT RELATIVE TO THE PELHAM ROAD TRAFFIC SIGNAL REPLACEMENT PROJECT.

WHEREAS, the Department of Public Works is working with the New York State Department of Transportation (NYSDOT) and the New York Metropolitan Transportation Council (NYMTC) to re-start the design of the much needed Pelham Road Traffic Signal Replacement Project (PIN8758.99); and

WHEREAS, in order to maintain Federal and State funding and avoid the need to repay design money already expended, a new schedule is being proposed which will require design approval and right-of-way acquisition to be complete by June 2019; and

WHEREAS, the right-of-way acquisition requires the City to enter into an Agreement with the School District to obtain an easement from the School District at the northeast corner of Pelham Road and Centre Avenue; and

WHEREAS, the School District has approved a resolution authorizing such agreement; now, therefore

BE IT RESOLVED, by the Council of the City of New Rochelle, that the City Manager is hereby authorized to enter into an Intermunicipal Agreement with the New Rochelle City School District relative to the Pelham Road Traffic Signal Replacement Project.

ATTACHMENTS: 1. Pelham Rd

Packet Pg. 74 18.a Attachment: Pelham Rd (1373 : Traffic Signals-ROW Acquisition-IMA with School District)

Packet Pg. 75 18.a Attachment: Pelham Rd (1373 : Traffic Signals-ROW Acquisition-IMA with School District)

Packet Pg. 76 18.a Attachment: Pelham Rd (1373 : Traffic Signals-ROW Acquisition-IMA with School District)

Packet Pg. 77 18.a Attachment: Pelham Rd (1373 : Traffic Signals-ROW Acquisition-IMA with School District)

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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: July 10, 2018 SUBJECT: HUTCHINSON RIVER DRAINAGE IMA attached

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LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERMUNICIPAL AGREEMENT (“IMA”) WITH THE COUNTY OF WESTCHESTER RELATIVE TO THE HUTCHINSON RIVER DRAINAGE PROJECT.

WHEREAS, the proposed IMA will allow the City to begin the survey, engineering analysis, design and construction estimate for a multi-jurisdictional drainage improvement project; and

WHEREAS, the Westchester County IMA requires a 50% participation; and

WHEREAS, New York State has previously committed $1 million in construction funds through its State and Municipal Facilities Program to assist in the cost of any future improvements; and

WHEREAS, the City has an active Request For Proposals (RFP) for professional services with engineering firms and expect that a contract shall be executed before September 2018; now, therefore

BE IT RESOLVED by the Council of the City of New Rochelle, that the City Manager is hereby authorized to enter into an Intermunicipal Agreement with the County of Westchester relative to the Hutchinson River Drainage Project.

ATTACHMENTS: 1. hutchinson river project rfp VS Edits 2. PLN_StormwaterIMAPhaseONE.ProForma.6.17 3. MEMO Hutchinson drainage IMA

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Scott Pickup James J. Moran, P.E. Commissioner Deputy Commissioner/City Engineer

City of New Rochelle Department of Public Works General:

Sealed proposals for providing professional engineering services from qualified firms to assist the City of New Rochelle, Village of Scarsdale, and Town of Eastchester (“Communities”) in a project that involves flood mitigation activities along the Hutchinson River corridor through each of the communities will be received until Thursday, July 26, 2018. Working under an Inter-Municipal Agreement (“IMA”) the objective of the Communities is to resolve flooding conditions for adjacent properties, most of which have been designated by FEMA as floodways and floodplains. The County of Westchester is a partner with the Communities and will be providing assistance through funding and administrative oversight. The work shall take place on both public right of ways and private properties.

Project Description:

The Hutchinson River is a freshwater stream located in Southern Westchester County. The river forms in Scarsdale and flows south for 10 miles until it empties into Eastchester Bay. The most upstream portion of the drainage basin is near Heathcote Road. The river flows through the City of New Rochelle and the Village of Scarsdale where it forms the municipal boundary between each (New Rochelle on the east and Scarsdale on the west). South of Scarsdale, the river flows through the boundary of New Rochelle and the Town of Eastchester. The banks have not been maintained and there are various culverts or small bridges that cross the river. The area of concern is from the headwaters to the three reservoirs. A previous hydraulic analyses is available in addendum A (Leonard Jackson Associates - February 2008) that identified potential flooding causes that should be reviewed. While flowing through the municipalities of Scarsdale, Eastchester and New Rochelle the river experiences periodic flooding that adversely affect residents of those communities.

Purpose/Intent:

The three communities along with Westchester County are interested in retaining a consultant to provide services in a two phased approach for work specified in this Request for Proposal (RFP). In the first phase, the selected firm shall provide mitigation feasibility study, development and preparation or preliminary design(s), topographical and bathymetric surveys, final design(s), and preparation of bid documents for both plans and specifications to be used in public bidding. More specifically, included in this first phase are the analysis and development of river improvements involving dredging, shoreline Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA) stabilization and improved channelization of existing culverts for road crossings. Secondly, the study shall include a full analysis of the Lake Innisfree (“reservoir”) dam for related improvements and NYSDEC compliance. The selected designer shall obtain all necessary NYSDEC permits for each of the three municipalities and/or private properties prior to bidding.

In the second phase of this RFP, the selected consultant shall provide construction support, which will include review of bids, award recommendations, show drawing reviews, and services related to field inspection and construction management. RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 1 Packet Pg. 81

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Proposal Compliance:

All proposals shall be submitted in a sealed envelope clearly labeled with the name of the bidder containing the identifying words “Bid Proposal – Professional Engineering Services – Hutchinson River Flood Mitigation Project.” All proposals must be addressed and submitted to the City of New Rochelle City Engineer’s office no later than 4:00 P.M., E.S.T., Thursday, July 26, 2018. Proposals submitted in unmarked envelopes will not be accepted. However, time permitting, the City will accept resubmitted proposals granted they are properly labeled. There is no formal on site “pre-submission conference.” However, prospective firms are strongly encouraged to make an appointment with Mr. James Moran, P.E. at the City of New Rochelle Department of Public Works at (914) 654-2134 Telephone, or e-mail [email protected] to review the RFP and go over any questions. The cost proposals received shall remain in in effect for 120 days.

Proposal Format:

By submitting a proposal in response to this RFP, the firm represents that it is qualified to perform the work described and has conducted sufficient investigations and research to understand the requirements of the work requested.

Consultants shall submit 5 hard copies of their proposal including 2 USB drives each containing the full submission in *.PDF format. Included with the proposal submission, firms must submit a technical proposal or narrative outlining their approach for accomplishing the task called for in this RFP. The Consultant shall describe its approach and plans for accomplishing the work described in the Work Plan and must consist of the following:

- Cover letter indicating the full name and address of the firm including contact information, - References for other projects similar in nature including a description of comparable prior experience, - An organizational chart of the firm and team structure, - Description of management overview and approach to seeing that goals and objectives are accomplished, - Key team members of the firm including resumes and past experience. - Cost structure for additional reimbursable work beyond the original scope of work.

Firms submitting proposals must respond in writing to all of the requirements of this Request for Proposal and provide a detailed reference sheet(s) and resumes to demonstrate their qualifications to perform this work. All subcontractors performing work for the Consultant shall be qualified to perform such work in New York State. The Consultant and subcontractor crews must supply and wear all required OHSA protective gear while working in the Communities including, but not limited to, fluorescent “blaze” vests, hardhats, ear plugs, safety glasses, work boots, safety harnesses, Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA) confined space entry equipment and trained personnel if needed.

Acceptance or Rejection:

The City of New Rochelle, Village of Scarsdale and Town of Eastchester (“Communities”) reserve the right to reject any or all proposals or to waive any informality in the proposal, as deemed advisable in the interest of the Communities. The Communities also reserves the right to award the contract in whole or part. The Communities may reject a proposal in which any unit bid price, in its RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 2 Packet Pg. 82

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As cost may play a role in the selection of the Consultant, the final decision on selecting the ideal candidate will be qualification based. The Communities will review all proposals to determine responsiveness and qualifications for each submitting firm. The criteria used to evaluate responsiveness shall include but not be limited to expertise, capacity to complete the scope of work, and cost. Specifically, the Communities shall evaluate and grade the proposals received based upon the following criteria:

- Familiarity of the project goals and understanding of the work to be completed, and proposed technical approach (max 20 points), - Experience of the Firm, and proposed sub-Consultants, in assignments of similar size, scope and complexity (max 20 points), - Experience of key personnel in assignments of similar size, scope and complexity (max 15 points), - The firm’s proposed project organization and financial responsibility, understanding of the project and interview, if scheduled (max 20 points), - Cost (max 25 points).

The Communities will evaluate all of the strengths and weaknesses of a firm and determine a score and ranking based upon the aforementioned criteria. Firms submitting proposals should be prepared to meet with and present their proposal to Community staff members during the evaluation process.

Sub-Contractors:

The Consultant firms submitting the proposal must identify any and all subcontractors in its proposal. In addition to identifying the subcontractor, the firm must also list, for each subcontractor, the work that each subcontractor will be assigned for during the project. Each subcontractor shall execute and submit an agreement to indemnify and hold harmless each of the three Communities, their employees, agents etc. for any and all claims, demands judgments and cost arising from the any act or omission by the subcontractor in the performance of their duties. The subcontractor shall also provide insurance evidenced by a certificate of insurance in the amounts acceptable to the each Community Attorney and naming each Community as additional insured on said insurance policies. The requirements shall be identical to the contractor’s requirements specified herein in paragraph 16. Any subcontractor added by the Consultant after contract award, must be approved by the Village pursuant to a written request by the Consultant.

Familiarity with bid Documents, Site Conditions, and Governing Law:

Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA) Each bidder is required to be familiar with all of this document’s terms and conditions in addition to understanding all federal, state, and local laws, regulations and ordinances regarding performing the work in accordance to this contract. Failure of the bidder to fully familiarize themselves with conditions related to these specifications and to the project location for which the work is to be performed, shall not relieve any bidder from any obligation set forth in this contract. Specific reference is made to the following sections of the Labor Law and General Municipal Law, which apply to the work under this contract.

RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 3 Packet Pg. 83

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- General Municipal Law – Section 103-a Grounds for Cancellation of Contract–Refusal to Testify - General Municipal Law – Section 103-d, re: Non-collusion - General Municipal Law – Section 106-b, re: Payment on Public Works Projects - General Municipal Law – Section 107, re: Claims Against Political Subdivisions - General Municipal Law – Section 108, re: Worker’s Compensation Insurance - General Municipal Law – Section 109, re: Non-assignment of Public Contracts - New York State Labor Law – NYS Article 8 – Public Work

It is expected that bidders, where appropriate, will obtain copies of all necessary maps, flow monitoring reports, prior SSES studies, correspondences, work plans, and other pertinent documents.

Insurance Requirements:

The successful bidder is required to furnish and maintain insurance in the name of each Community and its officers. Policies shall include all applicable Worker’s Compensation and Employers’ Liability Insurance and Unemployment Insurance as required by New York State. Upon the failure of the Contractor to furnish, deliver and maintain such insurance as above provided, this contract may, at the election of the Communities be forthwith declared suspended, discontinued and terminated. Failure of the Contractor to take out and maintain any required insurance shall not relieve the Contractor from any liability under the contract, nor shall this insurance requirement be construed to conflict with obligations of the Contractor concerning incompleteness. All required insurance must be in effect and continued during the life of the contract. The required coverage shall not be less than the following:

- Workers Compensation Statutory Requirements - New York State Disability Statutory Requirements - General Liability $3,000,000 coverage per occurrence - Automobile Liability $1,000,000 coverage per occurrence - “Contractual Liability” Must be printed on the certificate - Errors and Omissions $1,000,000

The Contractor’s policy shall include:

(a) A contractual “HOLD HARMLESS” endorsement as follows: “The Contractor shall, during the performance of this work, take all necessary precautions and place proper guards for the prevention of accident, and shall indemnify and save harmless the City of New Rochelle, Village of Scarsdale, and Town of Eastchester, their employees, officers and agents from all claims, suits, judgements, actions and all damages and costs including reasonable attorney fees to which they may be Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA) put by reason of death or injury to all persons or property of another resulting from unskillfulness, willfulness, negligence or carelessness in the performance of the work, or in guarding and protecting the same, or from any improper methods, materials, implements or appliances used in its performance or construction or on account of any direct or indirect act or omission by the City of New Rochelle, Village of Scarsdale, and Town of Eastchester, or any of their employees, officers or agents may have directly or indirectly caused or contributes thereto.”

RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 4 Packet Pg. 84

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(b) Endorsement that insurance company will give at least thirty (30) days written notice to the City of New Rochelle, Village of Scarsdale, and Town of Eastchester prior to any modification or cancellation of any such policy.

The Contractor shall also take out and maintain during the life of this contract such contingent property damage and public liability policies in the above amounts as will protect the City of New Rochelle, Village of Scarsdale, and Town of Eastchester, their officials, employees and agents.

Such policies shall include:

(a) An endorsement as to the description of the work and contract number. (b) An endorsement that the contract will pay the insurance premiums. (c) An endorsement that the insurance company will give at least ten (10) days written notice to the City of New Rochelle, Village of Scarsdale, and Town of Eastchester prior to modification or cancellation of any such policy. Proper certificates of the above-mentioned policies must be submitted prior to the commencement of any work. All required insurance must be in effect and continued so during the life of the Contract, at the Contractor’s expense, and is subject to the approval of each of the Communities’ Attorney as to adequacy, form and correctness. No work shall commence or payments will be made to the Contractor until submission and approval of the insurance certificates.

Term of Contract:

Work under this contract is to be completed within timeframe specified from the date of proposal selection. Once the selected Consultant has entered into contract with the three communities and has begun work, it is expected that the work shall continue expeditiously until completion. The Communities understand that some of the timing and scheduling of work called for in this contract may be beyond the control of the selected Consultant therefore the term of contract may be extended with just cause. The Communities anticipate the following schedule deadlines for each of the phases outlined above in the Scope of Services section of the Appendix.

Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA)

RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 5 Packet Pg. 85

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APPENDIX

Attached are the following documents:

. Scope of Services to be Provided

. Aerial Map of Project Location

. Photos of Project Location

. 2008 Leonard Jackson Hydraulic Assessment Study with Recommendations

Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA)

RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 6 Packet Pg. 86

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Hutchinson River Flood Mitigation Project - RFP

Scope of Services:

The scope of work for the Consultant shall be the following:

Phase 1:

1. Provide topographical and bathymetrical survey of the river and adjacent floodway and floodplain including all utilities and developed features including but not limited to walls, trees, utilities, drainage culverts, road crossings and other pertinent structures. The survey shall contain boundary lines for the study area including property ownership information, wetland designation and delineation and any easement for subsurface utilities.

2. The Consultant shall assist the Communities with the securing of any necessary temporary and permanent easements. Any and all regulatory requirement shall be strictly adhered to as to not jeopardize any sources of municipal funding.

3. The Consultant shall provide subsurface soil investigations including river sediment sampling and testing for both the Hutchinson River and Lake Innisfree work locations and all necessary sampling required to complete the dam engineering assessment for NYSDEC compliance.

4. The Consultant shall develop hydraulic modeling (using attached addendum B Leonard Jackson 2008 Hydraulic Analysis of Hutchinson River and Potential Improvements report) of existing and proposed conditions upon completion of improvements including hydraulic flood profiles and flood plains that incorporate preliminary design improvements.

5. Engineering Assessment for dam compliance of the Lake Innisfree reservoir for NYSDEC compliance. The dam is noted as a “high hazard class C classification.” Upon completion of the assessment, the Consultant shall prepare and draft an “Enhance Dam Safety Program” to be included with final deliverables.

6. The Consultant shall develop and itemized construction cost analysis for all construction elements of the project, provided clear distinction between public and private improvements. A cost benefit analysis shall be performed for all design considerations. Consideration of such analysis should take into account FEMA map revisions via LOAM/LOMR process and any benefits to areas that may have been deem “repetitive loss” properties by FEMA.

7. The Consultant shall evaluate and consider all design considerations, options and alternatives

with the Communities. The Consultant shall recommend conceptual design alternatives with Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA) opinions of costs. Alternatives should detail both possible advantages and obstacles. Once the final scope of construction work is determined, the firm shall prepare detailed design plans, specifications and contract documents for bid letting. The Communities may assist with providing boiler plate documents.

8. The Consultant shall evaluate all permit requirements and prepare any and all documents related to the securing of necessary permits from all relevant agencies. Providing and handling all submittals on behalf of the Communities is required in this task.

RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 7 Packet Pg. 87

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Phase 2:

1. The Consultant shall assist the communities with soliciting qualified contractors and schedule and manage a pre-bid meeting for prospective bidders. The firm shall respond to formal requests for information (RFI’s) and issue any and all addendums if necessary and develop bid tabulations for review and consideration.

2. The firm shall evaluate bids received, consult with the municipal engineering and public works officials, and prepare recommendations for contract award (or rejection).

3. The firm shall assist the Communities and Westchester County with the development of applications for any grant funding that may become available for the project in whole or through a phased approach.

4. The firm shall be responsible to review all shop drawings received, provide review comments and or approvals.

5. The Consultant shall provide a project manager, site engineer and qualified inspector responsible for tasks related to leading weekly progress meetings, performing construction inspections, wage rate interviews, reviewing submittals and requisitions for payment, responding to project inquiries from the public, review of work performed for project conformity and grant compliance.

6. Upon substantial completion, the consultant team shall perform final inspections, develop any necessary punch list, review contractor as-built drawings and perform all necessary project close out activities including submission of any documents related to satisfy and close out permits.

Final Deliverables:

1. Topographical, bathymetric, boundary, and utility surveys (mylar and AutoCAD format), 2. Dam and river borings at all culvert and structure locations, 3. Dam Engineering Assessment Report (bound and electronic *.PDF), 4. Updated EAP, 5. Sediment sampling and DEC determination for beneficial reuse and or disposal, 6. Hydraulic model including cross-sections, profiles and summary for proposed improvements (bound and electronic *.PDF) , 7. Project feasibility study with initial cost estimate itemized for both public and private Improvements (bound and electronic *.PDF), 8. Preliminary design and cost estimate including cost benefit analysis (30% complete set), 9. Secondary design development (60% complete set), Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA) 10. Pre-bid design final review set (90% complete set), 11. Final design plans and contract documents for bid letting. 12. All deliverables necessary to assist with grant submission.

All deliverables are to be (5) five hard copies and (1) one electronic copy. 30, 60, 90% submissions will be reviewed by municipality representatives with review comments incorporated into each successive submission. Unless specified, the electronic documents shall be submitted in *.DWG. *.PDF, * Excel or MS Word format. RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 8 Packet Pg. 88

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Rates & Expenses Submittal:

The Consultant shall provide a detailed fee schedule for the work as detailed in the Final Deliverables section. A fee schedule must be listed separately for each deliverable. There shall be no payment for out-of-pocket costs and expenses or disbursements made in connection with the services hereunder. This includes travel, lodging, mileage and reproduction costs.

Any work required and authorized outside of the above described will be on an hourly basis that should include job title/personnel, associated hourly rate, multiplier (which will include all profit, overhead, and fees). Travel, lodging, meals, other personnel related costs, equipment needed to support the management of the project (computers, software, printers, copiers, cell phones, etc.) are to be included in the proposed hourly final rates. If additional printing is required, reimbursement will be at direct costs. Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA)

RFP – Engineering Services for Hutchinson River Flood Mitigation Project Page 9 Packet Pg. 89

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Attachment: hutchinson river project rfp VS Edits (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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AGREEMENT, made the day of , 201 by and between

THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601,

(hereinafter referred to as the “County”) and

______, a municipal corporation of the State of New York, having an office and place of business at ______,

(hereinafter referred to as the “Municipality”).

RECITALS

WHEREAS, in response to serious flooding issues throughout Westchester County (the “County”), the Westchester County Executive (the “County Executive”) and the Westchester County Board of Legislators (the “Board of Legislators”), on February 14, 2011, adopted Law No. 2-2011 known as the Westchester County Storm Water Management Law (the “SWML”) to address this issue and to create a Storm Water Advisory Board (the “SWAB”) to assist County municipalities in addressing flooding; and

WHEREAS, the SWML enables the County to partner with County municipalities to provide funding for flood mitigation and/or flood damage reduction projects; and

WHEREAS, the SWML funding program is divided into “Phase I” funding and “Phase II” funding; and

WHEREAS, Phase I funding is up to fifty (50) percent toward the costs for the preparation of detailed design, specification and construction documents for flood mitigation and/or flood damage reduction projects; and Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) WHEREAS, Phase II funding is up to fifty (50) percent toward the costs for the implementation and construction of flood mitigation and/or flood damage reduction projects; and

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WHEREAS, approval by the Board of Legislators for Phase I funding does not guarantee approval for Phase II funding; and

WHEREAS, the Municipality wishes to participate in the SWML funding program and has submitted an application to the County for Phase I financial assistance to address flooding problems within the Municipality; and

WHEREAS, a Storm Water Reconnaissance Plan has been prepared by the County departments of Planning and Public Works and Transportation pursuant to the SWML entitled the Storm Water Reconnaissance Plan for the ______(the “Reconnaissance Plan”); and

WHEREAS, the Reconnaissance Plan was recommended by the SWAB to the County Executive and the Board of Legislators; and

WHEREAS, the Board of Legislators approved the Reconnaissance Plan on ______by Act No. - ; and

WHEREAS, the area of flooding for which the Municipality wishes to participate in the SWML funding program is identified in a study or as a flood problem area in the Reconnaissance Plan; and

WHEREAS, pursuant to the SWML funding program and in an effort to protect County- owned and/or managed infrastructure, assets and property, including the protection of County bridges, sanitary sewer and/or storm water pipes, and County parkland and other municipal and private property, the County desires to contribute Phase I funding to the costs of a flood mitigation and/or flood damage reduction project known on the Reconnaissance Plan as ______(the “Project”), and further described herein, to be undertaken by the Municipality.

NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements herein set forth, the County and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows: Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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ARTICLE I TERM

Section 1.0. The recitals are hereby incorporated by reference into the body of this Agreement. Section 1.1. The term of this Agreement shall be for a period of ______commencing upon full execution as evidenced by the date on the top of page 1 of this Agreement.

ARTICLE II TERMS OF PAYMENT, EASEMENT AND MUNICIPALITY REPRESENTATIONS

Section 2.0. Pursuant to the County’s SWML funding program and in an effort to protect County-owned and/or managed infrastructure, assets and property, including the protection of County bridges, sanitary sewer and/or storm water pipes, and County parkland and other municipal and private property, the County desires at this time to contribute Phase I funding toward the design, specification and construction documents cost of the Project. The Project is located in the Municipality and consists of flood mitigation and/or flood damage reduction work. The scope of work for this Phase I funding agreement is more fully described in Schedule “A”, attached hereto and made a part hereof. In consideration for the County’s aforesaid contribution, the Municipality represents that it shall complete the design, specification and construction documents of the Project in accordance with Schedule “A” and all of the other terms of this Agreement. The County agrees to finance the design, specification and construction documents for the Project on a reimbursement basis. It is recognized and understood by the Municipality that at the time of execution of this Agreement, the County has obtained appropriations and bonding authority to fund up to $______for the design, specification and construction documents for the Project. The County share of the design, specification and construction documents of the Project shall not exceed that amount. Project design, specification and construction documents costs up to $______shall be paid fifty (50) percent by the County (up to $______) and fifty (50) percent by the Municipality; provided, however, should the Project design, specification and construction documents

costs be less than $______, the County shall only be responsible for fifty (50) percent of the lesser Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) amount. The Municipality shall be responsible for all costs in relation to the Project that exceed the County’s contribution set forth herein, and under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall the County be

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expected or required to make any payment of any kind whatsoever or be under any other obligation or liability hereunder in connection with this Project except as herein expressly set forth. Accordingly, it is recognized and understood that the County’s obligation to fund the implementation and construction of the Project (“Phase II funding”) is subject to future appropriations and bonding authority from the Board of Legislators and any and all other necessary legal approvals. The County does not provide or extend any warranty of fitness or workmanship for any work undertaken in connection with, or paid under, this Agreement. Payment hereunder by the County shall operate as a release to the County from any and all obligations or liabilities in connection herewith to the Municipality, its contractor(s), or subcontractor(s) hereunder. Section 2.1. In addition to, and not in limitation of the insurance requirements set forth herein, the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Municipality shall indemnify and hold harmless the County, its elected officials, officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys’ fees or loss arising directly or indirectly out maintenance, operation, security and/or repair of the Project and of this Agreement and of the acts or omissions hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of maintenance, operation, and/or repair of the Project and this Agreement and to bear all other costs and expenses related thereto. This indemnification provision shall survive termination or expiration of this Agreement.

Section 2.3. The Municipality represents that within one (1) year of the date hereof that the “Flood Mitigation Criteria” developed by the SWAB and approved by the Board of Legislators will have been adopted in the Municipality’s appropriate land use regulations, guidelines and policies or in stand-alone form, and documentation of the adoption of such policies must be provided to and approved by the Commissioner or Acting Commissioner of the County Department of Planning (“Planning Commissioner”). It is understood and agreed to by the Municipality that the payment of County funds under this Agreement for the Project is contingent upon the Municipality’s adoption of the aforesaid policies. Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) Section 2.4. Any and all requests for payment to be made, including any request for partial payment upon completion of a portion of the Project, shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Planning

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Commissioner and the Commissioner of the Westchester County Department of Public Works and Transportation (“DPWT Commissioner”). All payment vouchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. In no event shall a final payment be made to the Municipality prior to completion of the Project and the approval of same by the Planning Commissioner and DPWT Commissioner. If at any time the Municipality shall neglect or fail to perform properly any of its obligations under this Agreement, the County shall have the right to withhold, in whole or in part, any payments otherwise due or to become due to the Municipality hereunder until such neglect or failure shall have been remedied to the reasonable satisfaction of the County. Section 2.5. The Municipality represents warrants and guarantees that: (a) It is a municipal corporation duly organized, validly existing under the laws of the State of New York; the execution and performance of this Agreement by the Municipality has been duly authorized by its governing body; this Agreement, and any other documents required to be delivered by the Municipality when so delivered, will constitute the legal, valid and binding obligations of the Municipality in accordance with their respective terms; and the Municipality will deliver to the County at the time of execution of this Agreement a resolution adopted by its governing body authorizing the execution of this Agreement, and any other documents required to be delivered by the Municipality, including the aforesaid Easement; (b) The person signing this Agreement on behalf of the Municipality has full authority to bind the Municipality to all of the terms and conditions of this Agreement pursuant to the resolution granting such authority by the Municipality’s governing body, as noted above. (c) It is financially and technically qualified to perform its obligations hereunder, including without limitation, full implementation of the Project; (d) The Municipality acknowledges that the County is acting in reliance on the above representations.

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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ARTICLE III MANAGEMENT OF THE PROJECT

Section 3.0. The Municipality shall be responsible for all design phases of the Project, including, but not limited to, planning, preliminary design and final design. The Municipality shall submit the design plans, specifications and construction documents at the thirty (30) percent, sixty (60) percent, ninety (90) percent and one hundred (100) percent completion stages to the DPWT Commissioner or his duly authorized representative and to the Planning Commissioner or his duly authorized designee for review, and said design plans and specifications shall be mutually approved by all parties. The Municipality shall fully complete the design plans, specifications and construction documents as set forth in Schedule “A” and submit the same to the County for its review and approval on or before ______months from the date of the execution of this Agreement by all parties. Notwithstanding the foregoing, the parties may agree to a ______month extension of time for completion. In the event that the Municipality fails to complete the scope of work set forth in Schedule “A” and submit the same to the County in a timely manner as set forth herein, including any ______month extension agreed to between the parties, it shall remit all funds disbursed hereunder to the County within (30) days of receipt of written request unless an extension of time for completion is mutually agreed to between the parties and all necessary legal approvals are obtained for said extension of time. Section 3.1. In connection with the Project, the Municipality shall obtain all required approvals and permits and promptly execute and comply with all statutes, ordinances, rules, orders, regulations, codes and requirements of the Federal, State, County and municipal governments of the County. The Municipality shall also comply with any and all sanitary rules and regulations of the State and County Health Departments and with the State Environmental Quality Review Act. The Municipality shall comply with the aforementioned statutes, ordinances, rules, orders, regulations, codes and requirements in its implementation of the Project including, but not limited to management, operation, maintenance and supervision of same.

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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ARTICLE IV FAIR AND AFFORDABLE HOUSING CONDITIONS

Section 4.0. The Municipality hereby commits to the County that it is in compliance with the terms and conditions set forth in the County’s Discretionary Funding Policy annexed hereto and forming a part hereof as Schedule “D”. Section 4.1. As further consideration for the County’s financial contribution toward the Project, and in order to comply with the terms of the August 2009 Stipulation and Order of Settlement and Dismisssal in U.S. ex rel. Anti-Discrimination Center of Metro New York v. Westchester County, New York (“Settlement Agreement”), the Municipality certifies that it has adopted municipal zoning code provisions and/or policies which reflect the guidance provided in the Model Ordinance Provisions approved pursuant to the Settlement Agreement and the Municipality is committed to affirmatively further fair housing, including a ban on local residency requirements and preferences and other selection preferences that do not affirmatively further fair housing, except to the extent provided in the Model Ordinance Provisions. Section 4.2. The Municipality agrees to offer to the County a Right of First Refusal to retain and/or purchase any and all land acquired in rem to be used for housing that affirmatively furthers fair housing. Section 4.3. The Municipality agrees to actively further implementation of the Settlement Agreement through its land use regulations and other affirmative measures to assist the development of affordable housing. Section 4.4. The Municipality further agrees to market housing units that affirmatively further fair housing in accordance with Westchester County’s Affirmative Fair Housing Marketing Plan approved pursuant to the Settlement Agreement, throughout the period of affordability. Section 4.5. Nothing in this Agreement is intended to affect the County’s interest in the Project or release the Municipality from its obligations under the law with respect to affordable AFFH units. Section 4.6. Should the Municipality fail to abide by any of the above conditions, the Municipality shall, upon thirty (30) days written notice by the County, refund any funds paid to the Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) Municipality under this Agreement.

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ARTICLE V ACCOUNTING

Section 5.0. The Municipality shall cause accurate records and books of account to be maintained in which shall be entered all matters relating to this Agreement, including all liabilities thereof and all expenditures, and payments to any and all contractors or subcontractors involved in the Project. Such books and records shall be maintained in accordance with generally accepted accounting principles, consistently applied and shall be kept at a location within Westchester County. The Municipality will provide the County with documentation, upon the County’s request, in order to verify same. The County shall have the right to audit, inspect, examine and copy such books and records of the Municipality at all reasonable times during normal business hours at the office of the Municipality. The County’s audit rights hereunder extend to all documents, reports, and records which relate to the Municipality’s commitment to affirmatively further fair housing as described in Article IV herein.

ARTICLE VI NOTICES

Section 6.0. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgement received and a copy of the notice sent by registered or certified mail, postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following:

To the County:

Commissioner Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) Department of Planning County of Westchester 148 Martine Avenue White Plains, New York 1060

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Commissioner Department of Public Works and Transportation County of Westchester 148 Martine Avenue White Plains, New York 10601

with a copy to:

County Attorney County of Westchester 148 Martine Avenue Room 600 White Plains, New York 10601

To the Municipality:

with a copy to:

ARTICLE VII INDEMNIFICATION

Section 7.0. To the fullest extent permitted by law, the Municipality shall defend, indemnify and hold harmless the County, its elected officials, officers, employees and agents (the "Indemnitees") from and against, any and all liability, damage, claims, demands, costs, judgments, fees, attorney’s fees or loss arising from the Project, including any which may arise from a change in applicable laws, rules and regulations, that may be imposed upon or incurred by or asserted against any of the Indemnitees by reason of any of the following:

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) (a) Work. Any construction, repair, alteration, addition, replacement, restoration or improvement work done by or on behalf of the Municipality in, on or about the Project or any part thereof;

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(b) Use. The use, occupation, condition, operation, maintenance, management, supervision or development of or providing security for all or any portion of the Project, or the affected portion thereof, by or on behalf of the Municipality, including without limitation, any liability with respect to the any violations imposed by any governmental authorities in respect of any of the foregoing;

(c) Act or Failure to Act of Municipality. Any act performed by, or any failure to perform any act required to be performed by the Municipality, a third party under the direction or control of the Municipality, or any of the Municipality’s officers, agents, contractors, servants, employees, lessees or invitees in connection with this Agreement or the Project;

(d) Accidents, Injury to Person or Property. Any accident, injury, (including death at any time resulting therefrom) or damage to any person, including, without limitation, employees of the Municipality or any Indemnitee, or property occurring in, on, or about the Project or any part thereof; or

(e) Breach of Municipality’s Obligation. Any failure or refusal on the part of the Municipality to perform its obligations pursuant to this Agreement.

(f) Municipality’s Obligations. The Municipality’s failure, within any applicable grace period, to perform or comply with any of the covenants, terms or conditions contained in this Agreement on the Municipality’s part to be kept, observed, performed or complied with within any applicable grace period.

Section 7.1. The Municipality hereby acknowledges and agrees that it shall defend, indemnify and hold harmless the County for any “Environmental Damages” to the Property. “Environmental Damages” shall mean all claims, damages, demands losses, penalties, fines, fees, liabilities (including strict liability), encumbrances, liens, costs and expenses of investigation and defense of any, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation, reasonable attorney’s fees and disbursements and consultants’ fees, any of which are incurred as the result of the existence of “Hazardous Material” or “Hazardous Waste” upon, beneath, or about the Property or migrating or threatening to migrate to or from the Property, or the existence of a violation of “Environmental Requirements” pertaining to the Property, regardless of whether the existence of such “Hazardous Materials” or “Hazardous Waste” or Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) the violation of “Environmental Requirements” arose prior to the Municipality or County’s ownership of the Property, including, without limitation:

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(i) damages for personal injury, or injury to Property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition or rebuilding of any improvements of real property, interest and penalties;

(ii) fees incurred for the service of attorneys, consultants, contractors or experts, laboratories and all other costs incurred in connection with the investigation or remediation of such “Hazardous Materials” or “Hazardous Waste” or violation of “Environmental Requirements” including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or reasonably necessary to make the full use of the Property or any other property or otherwise expended in connection with such conditions; and (iii) liability to any third person or governmental agency to indemnify such person or agency for the costs expended in connection with the items referenced in subparagraph (ii) herein;

(iv) diminution in the value of the Property and damages for loss of business and restriction on the use of the Property or any part thereof.

Section 7.1.a. Definitions. For the purposes of this Agreement , the following definitions shall apply:

(1) “Hazardous Materials” or “Hazardous Waste” shall mean any substance:

(i) the presence of which requires investigation or remediation under any federal, state, or local statute, regulation, ordinance, order, action, policy or common law; or

(ii) which is or becomes defined as a hazardous waste, hazardous substance, pollutant or contaminant under any federal, state or local statute, regulation, rule, or ordinance or amendments thereto including, without limitations, the United States Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 USC §9601 (14) 42 USC §9602 and any “hazardous waste” as defined in or listed under the United States Solid Waste Disposal Act, as amended, 42 USC §6901(5), 42 USC §6921; or

(iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board or instrumentality of the United States, the State of New York or any political subdivision thereof; or Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

(iv) the presence of which, on the Property, causes or threatens to cause a nuisance on the Property or to nearby properties or poses or threatens to pose a hazard to the health and safety of persons on, about or nearby the Property; or

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(v) the presence of which on nearby properties would constitute a trespass by the owner of the Property; or

(vi) without limitation which contains gasoline, diesel fuel, or other petroleum hydrocarbons; or

(vii) without limitation which contains polychlorinated bipheynols (PCBs), asbestos, or urea formaldehyde foam insulation.

(2) “Environmental Requirements” shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all government agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, the State of New York and the political subdivisions thereof; and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment.

Section 7.2. The Municipality shall promptly notify the County in writing of any claims made or any suits instituted against the Municipality of which it has knowledge arising from its performances hereunder or in connection with this Agreement or in connection with the Project. Section 7.3. This Article shall survive termination or expiration of this Agreement.

ARTICLE VIII MISCELLANEOUS

Section 8.0. Any purported delegation of duties or assignment of rights under this Agreement without the prior express written consent of the County is void. Section 8.1. The Municipality shall submit documentation to the County demonstrating compliance with the State Environmental Quality Review Act and its implementing regulations (“SEQR”), including those activities that have been determined not to constitute an action as defined by SEQR or activities determined to be Type II actions as defined by SEQR. The Municipality shall Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) act as the lead agency for meeting the requirements of SEQR for any Unlisted or Type I action that is undertaken pursuant to this Agreement, unless otherwise directed by the Planning Commissioner. The

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Municipality shall include the County as an Involved Agency (as defined in SEQR) in all matters relating to SEQR and conduct a coordinated review where applicable. Section 8.2. The failure of the County to insist upon strict performance of any term, condition or covenant herein shall not be deemed a waiver of any rights or remedies that the County may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions or covenants herein. Section 8.3. It is mutually understood and agreed that the terms, covenants, conditions and agreements herein contained shall be binding upon the parties hereto and upon their respective successors, legal representatives and assigns. Section 8.4. This Agreement and its attachments constitute the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. This Agreement shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties, and approved by the Office of the County Attorney. Section 8.5. It is recognized and understood that the Municipality is not an agent of the County and in accordance with such status, the Municipality, its consultant(s), its subcontractor(s), and their respective officers, agents, employees, representatives and servants shall at all times during the term of this Agreement neither hold themselves out as, nor claim to be acting in the capacity of officers, employees, agents, representatives or servants of the County, nor make any claim, demand or application for any right or privilege applicable to the County, including without limitation, rights or privileges derived from workers compensation coverage, unemployment insurance benefits, social security coverage and retirement membership or credit. Section 8.6. The Municipality shall comply with the insurance requirements contained in Schedule “B” entitled “Standard Insurance Provisions,” attached hereto and made a part hereof. The Municipality may, in lieu of procuring and maintaining the aforesaid insurance, elect to obtain such coverage through a program of self insurance, which coverage and program shall be in accordance with generally accepted standards for similarly situated entities. In addition to the foregoing, the Municipality shall contractually ensure that all of its contractors, subcontractors and/or independent Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) contractors (individually a “Contractor” or collectively, the “Contractors”) that are engaged to construct the Project shall provide such insurance coverage as described in Schedule “C” naming as additional insured, the Municipality and the County and their respective officials (elected or

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otherwise), officers, employees and agents (collectively the “Additional Insureds”). The Municipality shall require, before the Project commences that each such insurance policy be endorsed to contain the following clauses: (a) the insurer shall have no right to recovery or subrogation against the Additional Insureds (including their respective officials (elected or otherwise), officers, employees and agents), it being the intention that the insurance policy shall protect both the insured and the Additional Insureds and be primary coverage for any and all losses covered by such insurance; (b) the clause “other insurance provisions” in any such insurance policy shall not apply to the Additional Insureds or their insurance policies; (c) the insurer issuing the policy shall have no recourse against the Additional Insureds (including their respective officials (elected or otherwise), officers, employees and agents) for payment of any premiums or for assessments under any form of policy; and (d) any and all deductibles in such insurance policy shall be assumed by and be for the account of, and at the sole risk of the Contractor.

Section 8.7. This Agreement shall not be enforceable until signed by all parties and approved by the Office of the County Attorney. Section 8.8. In the event that any one or more provisions, sections, subsections, clauses or words of this Agreement are for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, but this Agreement shall be construed and enforced as if such illegal or invalid section, subsection, clause or word has not been contained herein. Section 8.9. This Agreement shall be deemed executory only to the extent of funds appropriated and made available for the purpose of this Agreement and no liability on account thereof shall be incurred by the County beyond the amount of such appropriated funds. Section 8.10. All covenants, stipulations, promises, agreements and obligations of the Municipality and the County contained herein shall be deemed to be stipulations, promises, agreements and obligations of the Municipality and the County and not of any member, officer or employee of the Municipality or the County in his/her individual capacity and no recourse shall be had for any obligation or liability herein or any claim based thereon against any member, officer or employee of the Municipality or the County or any natural person executing this Agreement. Section 8.11. The parties represent that they have all requisite power and authority to execute, Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) deliver and perform this Agreement, and this Agreement has been duly authorized by all necessary action on the part of the parties. The parties each agree to execute and deliver such further instruments and to seek such additional authority as may be required to carry out the intent and purpose of this

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Agreement, including providing the County with any necessary property interests in the Project in order for the County to fund the Project. Section 8.12. This Agreement may be executed in two or more counterparts and all counterparts so executed shall for all purposes constitute one agreement binding upon all the parties hereto. Section 8.13. Nothing in this Agreement shall act to confer third-party beneficiary rights on any person or entity not a party to this Agreement. Section 8.14. The headings in this Agreement are for reference purposes only and shall not be used in construing the terms of this Agreement. Section 8.15. The Municipality agrees to comply with the terms set forth in Schedule “C”, attached hereto and made a part hereof, regarding Vendor Direct Payment Terms. Section 8.16. The Municipality hereby acknowledges that any provision of this Agreement which requires consent of the County shall be subject to receipt by the County of any and all necessary legal approvals. Section 8.17. No director, officer, employee, agent or other person authorized to act on behalf of the County shall have any personal liability in connection with this Agreement or any failure of the County to perform its obligations hereunder. No director, officer, employee, agent or other person authorized to act on behalf of the Municipality shall have any personal liability in connection with this Agreement or any failure of the Municipality to perform its obligations hereunder. Section 8.18. The Municipality agrees to allow the County reasonable access to the Project, during normal business hours, to permit inspection and observation of the Project. The Municipality may require the County to provide reasonable notice prior to such inspection and observation.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

COUNTY OF WESTCHESTER

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

By:______

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TOWN/CITY/VILLAGE

By:______(Name and Title)

Approved by the Board of Legislators of the County of Westchester by Act No. ______on the ____day of ______. ______.

Approved by the Board of Acquisition and Contract of the County of Westchester on .

Approved by the Municipal Board of the Municipality on the ____ day of ______.

Approved as to form and manner of execution:

______Assistant County Attorney County of Westchester

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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MUNICIPALITY'S ACKNOWLEDGMENT

STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER)

On the day of ______in the year 20__ before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein.

Signature and Office of individual taking acknowledgment

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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CERTIFICATE OF AUTHORITY

I, ______, (Officer other than officer signing contract) certify that I am the ______of (Title) the ______(the “Municipality”) a municipal corporation duly organized and in good standing under the ______(Law under which organized, e.g., the New York Business Corporate Law) named in the foregoing agreement; that______(Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution ______(Title of such person) of the Municipality and that said agreement was duly signed for and on behalf of said Municipality by authority of its Board of ______, thereunto duly authorized and that such authority is in full force and effect at the date hereof.

______(Signature)

STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER)

On this ______day of ______, 20__, before me personally came ______, whose signature appears above, to me known, and known to me to be the ______of ______(Title) ______, the Municipality described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, the said ______of said Municipality resides at ______, and that he/she signed his/her name hereto by order of the Board of ______of said Municipality.

______Notary Public Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) County of

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SCHEDULE “A”

Schedule “A” to be attached hereto

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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MUNICIPALITY'S ACKNOWLEDGMENT

STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER)

On the day of ______in the year 20__ before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein.

Signature and Office of individual taking acknowledgment

COUNTY'S ACKNOWLEDGMENT

STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER)

On the day of ______in the year 200__ before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument; and, acknowledged if operating under any trade name, that the certificate required by the New York State General Business Law Section 130 has been filed as required therein. Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

Signature and Office of individual taking acknowledgment

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SCHEDULE "B"

STANDARD INSURANCE PROVISIONS (MUNICIPALITY)

1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement.

If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County.

In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester.

2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications):

(a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) be "All locations in Westchester County, New York."

Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form

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CE-200, available to download at: www.wcb.state.ny.us (click on Employers/Businesses, then Business Permits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance).

(b) Employer's Liability with minimum limit of $100,000.00.

(c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 for bodily injury and $100,000.00 for property damage or a combined single limit of $1,000,000.00 (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall indicate the following coverages:

(i) Premises - Operations. (ii) Broad Form Contractual.

(d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 per occurrence for bodily injury and a minimum limit of $100,000.00 per occurrence for property damage or a combined single limit of $1,000,000.00 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages:

(i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles.

3. All policies of the Municipality shall be endorsed to contain the following clauses:

(a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance.

(b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester.

(c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy.

(d) Any and all deductibles in the above described insurance polices shall be Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) assumed by and be for the account of, and at the sole risk of, the Municipality.

Rev. 12/08

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SCHEDULE “C” VENDOR DIRECT PAYMENT TERMS

Westchester County Vendor Direct Program Frequently Asked Questions

1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER (EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT:

Payments are secure – Paper checks can be lost in the mail or stolen, but money deposited directly into your bank account is more secure.

You save time – Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank. Additionally, the funds are immediately available to you.

2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes.

3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days.

4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account. The e-mail notification will come in the form of a remittance advice with the same information that currently appears on your check stub, and will contain the date that the funds will be credited to your account.

5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received.

6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at 914-995-4708.

7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted. Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form.

8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM, WHY MUST I Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA) HAVE IT SIGNED BY A BANK OFFICIAL IF I DON’T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments.

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INSERT VENDOR DIRECT FORM

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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SCHEDULE “D”

County’s Discretionary Funding Policy to be attached hereto.

Attachment: PLN_StormwaterIMAPhaseONE.ProForma.6.17 (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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CITY OF NEW ROCHELLE NEW YORK

June 27, 2018

To: Honorable Mayor and City Council

Thru: Charles B. Strome, III City Manager

From: Scott D. Pickup Commissioner of Public Works

Subject: Hutchinson River Drainage Project - IMA

The proposed IMA will allow the city to begin the survey, engineering analysis, design and construction estimate for a multi-jurisdictional drainage improvement project.

The Westchester County IMA requires a 50% participation, we have an active RFP for professional services with engineering firms and will get a contract executed before September.

New York State has previously committed $1,000,000 in construction funds through its State and Municipal Facilities Program to assist in the cost of ant future improvements.

CC: Corporation Counsel Commissioner of Finance

Attachment: MEMO Hutchinson drainage IMA (1379 : HUTCHINSON RIVER DRAINAGE IMA)

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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: July 10, 2018 SUBJECT: PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: TRAFFIC REGULATION CHANGE - FOURTH STREET AND LOCKWOOD AVENUE

Previous study indicated that the traffic signal at this intersection was not warranted. On 10/17/17, following Council approval, Stop control was installed on Lockwood Ave at 4th St. The signal was placed in flash mode at that time (flashing yellow facing Fourth St, flashing red facing Lockwood Ave). As part of the follow up to this signal removal study, collision data has been monitored and field observations have been made. The current control has also been discussed with PD and interested neighbors. To date, no collisions have been reported, however, based on considerations of motorist uncertainty, limited sight distance, and issues related to bus operations, it is recommended to modify the current traffic control for this intersection to All-Way Stop control. At the same time, all traffic signal control equipment will be removed.

The code amendments below are recommended in order to implement these changes.

§ 312-79 Schedule VIII: Stop Intersections. In accordance with the provisions of § 312-34 , the following described intersections are hereby designated as stop intersections, and stop signs shall be installed as follows:

Stop Sign on Direction of Travel At Intersection of

Fourth Street Both Lockwood Avenue

§ 312-72 Schedule I: Traffic Control Signals. In accordance with the provisions of § 312-27 , traffic control signals shall be installed at the following described intersections:

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Intersection [Lockwood Avenue and Fourth Street]

An aerial photo of the location is attached.

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LEGISLATION ORDINANCE AMENDING SECTION 312-79 (SCHEDULE VIII: STOP INTERSECTIONS) OF CHAPTER 312 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF NEW ROCHELLE (FOURTH STREET & LOCKWOOD AVENUE).

BE IT ORDAINED by the City of New Rochelle:

The Code of the City of New Rochelle, Section 312-79 (Schedule VIII: Stop Intersections) of Chapter 312 (Vehicles and Traffic) is hereby amended as follows:

§312-79. Schedule VIII: Stop Intersections.

In accordance with the provisions of §312-34, the following described intersections are hereby designated as stop intersections, and stop signs shall be installed as follows:

Stop Sign on Direction of Travel At Intersection of

Fourth Street Both Lockwood Avenue

Matter underlined added.

ATTACHMENTS: 1. Regulation Changes- Fourth St @ Lockwood

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4th St @ Lockwood Avenue Attachment: Regulation Changes- Fourth St @ Lockwood (1362 : Traffic Change-Fourth Street and Ave)

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City of New Rochelle Police Department

MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles B. Strome, III, City Manager FROM: Joseph Schaller, Acting Police Commissioner DATE: July 10, 2018 SUBJECT: PROPOSED ACCEPTANCE OF FUNDS FROM THE WESTCHESTER COUNTY BOARD OF LEGISLATORS FOR THE 2018 "NATIONAL NIGHT OUT OPEN HOUSE" EVENT: Ordinance accepting an award from Westchester County in the Amount of $2,000 for the "National Night Out" event to be held on August 7, 2018 and Amending Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for 2018.

CITY OF NEW ROCHELLE POLICE DEPARTMENT

INTERDEPARTMENTAL COMMUNICATION

TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL

THRU: CHARLES B. STROME, III, CITY MANAGER

FROM: JOSEPH F. SCHALLER, POLICE COMMISSIONER

DATE: JUNE 25, 2018

SUBJECT: FUNDS FOR NATIONAL NIGHT OUT

THE NEW ROCHELLE POLICE DEPARTMENT WILL BE HOSTING ITS ANNUAL NATIONAL NIGHT OUT “OPEN HOUSE” EVENT. THIS IS A COMMUNITY-BUILDING CAMPAIGN THAT PROMOTES POLICE-COMMUNITY PARTNERSHIPS AND NEIGHBORHOOD CAMARADERIE TO MAKE OUR NEIGHBORHOODS SAFER. THE WESTCHESTER COUNTY BOARD OF LEGISLATORS PROVIDES $2,000 TO THE NEW ROCHELLE POLICE DEPARTMENT TOWARDS HELPING TO MAKE THE 2018 NATIONAL NIGHT OUT A SUCCESS.

I RESPECTFULLY RECOMMEND THAT THE CITY COUNCIL ACCEPT THESE FUNDS FROM THE WESTCHESTER COUNTY BOARD OF LEGISLATORS FOR THIS

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COMMUNITY-BUILDING CAMPAIGN.

The 2018 Budget Amendment below is recommended for the grant award as follows:

Increase Estimated Revenue-General Fund: 3120-2706-3021 County Aid $ 2,000

Increase Appropriations- General Fund 3120-46000-3021 Contracted Services $ 2,000

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LEGISLATION ORDINANCE ACCEPTING A GRANT IN THE AMOUNT OF $2,000 FROM THE WESTCHESTER COUNTY BOARD OF LEGISLATORS RELATIVE TO THE 2018 “NATIONAL NIGHT OUT OPEN HOUSE”, AMENDING ORDINANCE NO. 255 OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2018, AND APPROPRIATING FUNDS THEREFOR.

WHEREAS, the New Rochelle Police Department will be hosting its annual “National Night Out Open House” event; and

WHEREAS, this is a community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make neighborhoods safer; and

WHEREAS, the Westchester County Board of Legislators has awarded $2,000 to the New Rochelle Police Department to help make this event a success; now, therefore

BE IT ORDAINED, by the Council of the City of New Rochelle as follows:

Section 1. The City Council hereby accepts the grant from the Westchester County Board of Legislators in the amount of $2,000 relative to the 2018 “National Night Out Open House” event.

Section 3. Ordinance No. 255 of 2017, the budget of the City of New Rochelle for 2018, is hereby amended in order to provide for the acceptance and implementation of the $2,000 grant, as follows:

Increase Estimated Revenue-General Fund:

3120-2706-3021 County Aid $2,000

Increase Appropriations- General Fund

3120-46000-3120 Contracted Services $2,000

Section 3. The City Manager is hereby authorized to execute such documentation as may be necessary and required to file and accept the $2,000 grant.

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ATTACHMENTS: 1. NNO 2018_Request for Acceptance of Funds 06252018

Packet Pg. 124 21.a Attachment: NNO 2018_Request for Acceptance of Funds 06252018 (1363 : PROPOSED ACCEPTANCE OF FUNDS RE: "NATIONAL NIGHT OUT

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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: July 10, 2018 SUBJECT: PROPOSED AMENDMENT TO CITY CODE RELATIVE TO FIRE LANES Ordinance Amending Section 312-93 (Schedule XXII: Traffic Regulations on Private or Quasi-Public Property) of Chapter 312 (Vehicles and Traffic) of the Code of the City of New Rochelle.

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LEGISLATION ORDINANCE AMENDING SECTION 312-93 (SCHEDULE XXII: TRAFFIC REGULATIONS ON PRIVATE OR QUASI-PUBLIC PROPERTY) OF CHAPTER 312 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF NEW ROCHELLE.

BE IT ORDAINED by the City of New Rochelle:

The Code of the City of New Rochelle, Section 312-93 (Schedule XXII: Traffic Regulations on Private or Quasi-Public Property) of Chapter 312 (Vehicles and Traffic) is hereby amended as follows:

§ 312-93. Schedule XXII: Traffic Regulations on Private or Quasi-Public Property.

In accordance with the provisions of §312-51C, following are specific regulations with regard to specific private property:

A. Fire lanes. No person shall at any time, park, stop or stand a vehicle in any fire lane or obstruct, impede, or block access to or from any fire lane designated below:

Matter underlined added.

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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: July 10, 2018 SUBJECT: PROPOSED DISCUSSION OF EAST END TRAFFIC Requested by Commissioner of Development DISCUSSION ITEM Proposed Discussion of East End Traffic

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