City Council
Regular MeetingMount Vernon, NY · February 9, 2022
Minutes
A REGULAR MEETING OF THE CITY OF MOUNT VERNON CITY COUNCIL HELD
ON WEDNESDAY, FEBRUARY 9, 2022. Scheduled for 7:00 pm. In the City Council
Chambers City Hall, Mount Vernon, New York.
*** Due to the ongoing pandemic this meeting was held in the council chambers, with virtual
participation via ZOOM and CMVNY Facebook. The meeting was not closed to the public
however, the maximum number of in-person occupant was limited ***
PRESENT: Danielle Browne Esq., Cathlin Gleason, Edward Poteat
ABSENT: Lisa A. Copeland
PRESIDING: Derrick Thompson, President
OTHERS: Tanesia M. Walters, Deputy City Clerk, Elias Gootzeit, Legislative Assistant and
Brian G. Johnson, Corporation Counsel
Council President Derrick Thompson called the meeting to order and provided house-keeping
rules, including in case of emergency. He then asked councilwoman Danielle Brown to lead the
council in the Pledge of Allegiance. Council President then proceeded to the Public Speakers
session of the evening (listed below as public comment).
PUBLIC COMMENT
Lynette Mentilla – 115 N. 9th Ave. Mount Vernon, NY- appeared via zoom. Ms. Mentilla
voiced her concerns about the City’s law enforcement. Ms. Mentilla called the police department
to assist with a tenant issue, where the tenant damaged her property. Upon their investigation at
her property Ms. Mentilla said that the officers refused to document the damaged property. It
took her 8 months of her going back and forth to get the issue documented. She would like to see
some change in the department as the pick and choose what they document. So, there is an on-
going issue with the law enforcement pick and choose what they report on. Their behavior
towards people that lives in this town are very rude and I would like to see some change towards
that.
Cynthia Crenshaw – 315 Mundy Lane, Mount Vernon, NY- appeared via zoom. Ms. Crenshaw
asked if the City Council needs to approve every building in the City, before any building is built
the City Council must know what the building will provide to the community. The building at
4th. Avenue and 3rd. Street what are the purpose of this building? Why is there no sign on the
fence to let the people know what is coming in the community? Usually there are some sorts of
information posted concerning the purpose of the establishment being built.
Donna Bell – 31 South Terrace Avenue, Mount Vernon, NY – appeared via zoom. Ms. Bell,
said that she has been a resident of Mt. Vernon since 1993 and have not had many complaints
about the city, however she has noticed that there have been no changes for some of the
communities. There is no change in fighting crime, and she does not feel safe enough to walk the
neighbor for exercise. In addition, there is a lack of street cleaning as streets are left neglected
after snow. Some areas are cleaned, and some are left neglected. There are too many potholes.
Rezoning- the demolition and building in her neighborhood and around south terrace has had a
negative effect upon quality of life because of noise pollution all hours of the day and midnight.
Parking – commercial trucks are parked on her block all night prohibiting residents from parking
especially on alternate side of the street parking days. Ms. Bell said she wants to believe that
Mount Vernon is a fair city where everyone is held by the same laws and regulations but that
does not seem to be the case. She stated that she has a duty as a citizen to vocalize injustice that
jeopardize the quality of life for her and her family in this beautiful city.
Tom Keller – 12 Pasadena Place, Mount Vernon, NY – He said that he noticed the budget was
increased from the January proposed budget to the February 8th budget that was passed by the
BOE. total. He stressed his concerns and disagreement with the budget. His disappointment with
the elected officials, the concerns with the chamber of commerce not fully functioning and the
effect it will have on the businesses.
Geoff Monroe – He said that he agrees with the sentiments of Mr. Keller. He advised that when
people suffer enough the elected officials will no longer be able to hide, and the counsel is
starting off on the wrong foot if this is what protection looks like. This community needs better
transparency. Public Access serves to feed the state from the community. People needs to have a
voice or else they will suffer in silence. We do not have a community media center which is a
vital part in the need to be informed in the community. The council cannot pass the budget
without dialog from the community. Explain to the people what their rights and responsibilities
are, and they will understand what your rights and responsibilities are.
Marlene Wertheim – 100 Sycamore Ave, appeared via zoom. – She advised that it is her first
time being Infront of this counsel. She thanks the council and legislative aide Elias Gootzeit for
sending out a summary of the 2022 legislative agenda. An unsolicited commitment means a lot,
however, she would like to draw attention to the advocacy section of the summary which to her
have overlooked an inclusion of an important city feature, it would have been more complete if
you have also included your collaboration in a city wide effort to focus on the health and quality
of life for residence through sustainability and protecting and expanding our green landscape.
Also, following the election outcome in an interview with the journal news the council said that
their new approach to development is that the body would be moving forward prudently, does
this mean that there will be a suspension of all zoning changes and use variances until the
comprehensive plan is completed?
Lauren Carter – 120 Archer Ave – appeared in person. She is concerned about the sewage and
refuse fee. She understands why the fees are being proposed but she thinks they are wrong. There
are other options the City have. The Mayor advertised on social media that she had a $10M grant
and that should have been enough to get us through. Additional money will come from congress
and HUD to assist in fixing the sewers, other option should be addressed first, and the council
should reconsider the fees. As per raises the union people should get their raises instead of hap
hazard arbitrary raises. If the City does not use the funds appropriately future use can be
forfeited. The ARPA monies should be used appropriately. Prices are through the roof and we
shouldn’t put a burden on the people.
The council person responded to the speakers concerns.
REFERRAL SESSION
Roll Call administered by Deputy City Clerk Tanesia M. Walters
REPORTS OF STANDING COMMITTEES AND ACTION THEREON
To the Council:
The LEGISLATION AND PUBLIC WORKS COMMITTEE recommends for ADOPTION
the following entitled legislation:
Item No. 1 A Local Law adopting a new subsection 112-b to Chapter C. Chapter, Article IX.
Department of Public Works entitled “Sewer Rents” to establish a sewer rent and
providing for the lien and collection thereof.
Item No. 2 A Local Law adopting a new subsection 112-c to Chapter C. Charter, Article IX.
Department of Public Works entitled “Refuse Sustainability Fee” to establish a
refuse sustainability fee and providing for the lien and collection thereof.
Item No. 3 An amendment to the City of Mount Vernon Administrative Code Part II, General
Legislation entitled “Chapter 126. Fees and Deposits” by adding another article,
entitled “Article VI. Sewer and Refuse Sustainability Fees.”
Respectfully submitted,
Danielle Browne, Esq., Chair
Cathlin Gleason, Co-Chair
Received, passed and filed.
Passed by the following vote:
Ayes: President Thompson, councilmembers; Browne, Gleason, Poteat
Nays: None
Absent: councilwoman Copeland
To the Council:
The HUMAN RESOURCES COMMITTEE recommends for ADOPTION the following
entitled legislation:
Item No. 4 An ordinance authorizing the Mayor to accept a grant award from the NYS Office
of Children and Family Services. ($89,200.00 – Safe Haven)
Item No. 5 An ordinance authorizing the Mayor to accept a grant award from the NYS Office
of Children and Family Services. ($122,700.00 – S.T.R.O.N.G. program)
Respectfully submitted,
Lisa A. Copeland, Chair
Edward Poteat, Co-Chair
Received, passed and filed.
Passed by the following vote:
Ayes: President Thompson, councilmembers; Browne, Gleason, Poteat
Nays: None
Absent: councilwoman Copeland
To the Council:
The PUBLIC SAFETY AND CODES COMMITTEE recommends for ADOPTION the
following entitled legislation:
Item No. 6 An ordinance authorizing the Fire Department to accept one (1) fire safety
vehicle.
Item No. 7 An ordinance authorizing the Police Department to purchase five (5) used police
vehicles
Item. No. 8 An ordinance authorizing the Mayor to enter into an agreement with The
Guidance Center of Westchester (“TGCW”).
Respectfully submitted,
Cathlin Gleason, Chair
Danielle Brown, Co-Chair
Received, passed and filed.
Passed by the following vote:
Ayes: President Thompson, councilmembers; Browne, Gleason, Poteat
Nays: None
Absent: Councilwoman Copeland
To the Council:
The FINANCE AND PLANNING Committee recommends for ADOPTION the following
entitled legislation:
Item No. 9 A Local Law to override the tax levy limit established in General Municipal Law
Section 3-C.
Item No. 10 An ordinance authorizing and directing the Comptroller to refund an overpayment
for 2021 taxes to “Pro National Title Agency.” ($22,234.76)
Item No. 11 A resolution of the City of Mount Vernon City Council endorsing the expedited
review Committee’s recommendation for the Q West Towers Project
Item No. 12 An ordinance fixing the date for a Public Hearing for the Annual Estimate for the
Year 2022.
Respectfully submitted,
Lisa A. Copeland, Chair
Edward Poteat, Co-Chair
Received, passed and filed.
Passed by the following vote:
Ayes: President Thompson, councilmembers; Browne, Gleason, Poteat
Nays: None
Absent: councilwoman Copeland
There being no further business, the meeting was adjourned at 9:00 p.m.
Tanesia M. Walters, J.D., M.P.A
Deputy City Clerk
Agenda
CITY COUNCIL MEETING
AGENDA
WEDNESDAY, FEBRUARY 9, 2022
7:00 PM
CITY COUNCIL CHAMBERS - CITY HALL
MOUNT VERNON, NEW YORK
& VIA FACEBOOK.COM/MOUNTVERNONNY
LEGISLATION AND PUBLIC WORKS
LAW N0. 2 - 2022 1. A Local Law adopting a new subsection 112-b to
LOCAL
Chapter C. Chapter, Article IX. Department of Public
2"" READING
Works entitled "Sewer Rents" to establish a sewer rent
and providing for the lien and collection thereof.
LAW N0. 3 - 2022 2. A Local Law adopting a new subsection 112-c to
LOCAL
2" READING Chapter C. Charter, Article IX. Department of Public
Works entitled "Refuse Sustainability Fee" to establish
a refuse sustainability fee and providing for the lien
and collection thereof.
AMENDMENT 3. An amendment to the City of Mount Vernon
Administrative Code Part II, General Legislation
entitled ""Chapter 126. Fees and Deposits" by adding
another article, entitled "Article VI. Sewer and Refuse
Sustainability Fees."
HUMAN RESOURCES
GRANT 4. An ordinance authorizing the Mayor to accept a grant
ACCEPT
award from the NYS Office of Children and Family
Services. ($89,200.00 - Safe Haven)
GRANT 5. An ordinance authorizing the Mayor to accept a grant
ACCEPT
award from the NYS Office of Children and Family
Services. ($122,700.00 - S.T.R.O.N.G. program)
City Council Meeting Agenda Page 2 February 9, 2022
PUBLIC SAFETY AND CODES
ACCEPT FIRE 6. An ordinance authorizing the Fire Department to
VEHICLE accept one (1) fire safety vehicle.
GRANTING 7. An ordinance authorizing the Police Department to
PERMISSION purchase five (5) used police vehicles
AMENDMENT 8. An ordinance authorizing the Mayor to enter into
an agreement with The Guidance Center of
Westchester ("TGCW").
FINANCE AND PLANNING
LOCAL LAW N0. 1 - 2022 9. A Local Law to override the tax levy limit established
2" READING in General Municipal Law Section 3-C.
REFUND OVERPAYMENT 10. An ordinance authorizing and directing the Comptroller
FOR 2021 TAXES to refund an overpayment for 2021 taxes to "Pro
National Title Agency." ($22,234.76)
RESOLUTION 11. A resolution of the City of Mount Vernon City
Council endorsing the expedited review Committee's
recornrnendation for the Q West Towers Project
2022 BUDGET ESTIMATE 12. An ordinance fixing the date for a Public Hearing for the
Annual Estimate for the Year 2022.
FEB 3 2022
SN:-E,C,fAL
LOCAL LAW N0. 2 0F 2022
FiRST READING
A LOCAL LAW ADOPTING A NEW SUBSECTION 112-b TO CHAJ'TER C.
CHARTER, ARTICLE IX. DEPARTMENT OF PUBLIC WORKS ENTITLED
"SEWER RENTS" TO ESTABLISH A SEWER RENT AND PROVIDING FOR
THE LIEN AND COLLECTION THEREROF.
BE IT ENACTED that the City Council of Mount Vernon hereby adopts a new
subsection 1 12-b to Article IX. "Department of Public Works" of the Mount Vernon
FEB 9 2022 City Charter, Chapter C entitled, "Sewer Rents" to read as follows:
§112-b SEWER RENTS
l Section 1.
§112-b (l) Purpose; authority.
Pursuant to Article 14-F of the New York State General Municipal Law, there is
hereby established and imposed, a plan of sewer rents (sewer sustainability fee)
applicable to the City of Mount Vernon's ("City") sanitary sewer system. Such plan
shall consist of annual charges against properties that utilize the City's sewers. The
annual sewer rents as provided for in this chapter and as set forth in Part II: General
Legislation, Section 126: Fees and Deposits, Article VI: "Sewer Rents and Refiise
Sustainability Fee" of the Moiu'it Vernon City Code shall be applied to pay the costs
of the operation, maintenance, upkeep, repair and replacement of the sanitary sewer
system.
§ 112-b (2) Definitions.
For the purpose of this chapter, the definitions set forth herein shall be controlling:
SANITARY SEWER SYSTEM - The system for the collection of sewage,
including all sewer mains, pumping stations, pipes, appurtenances or other facilities,
which are owned, operated and maintained by the City of Mount Vemon, whether in
or outside the City.
SEWER RENTS - A schedule of annual charges established and imposed by the
City of Mount Vernon for the use of the sanitary sewer system. (City Code: Chapter
126: Fees and Deposits; Article VI: Sewer Rents and Refuse Sustainability Fees).
SYSTEM USERS - The record owners of real properties thathave sanitary facilities
which discharge into the sanitary sewer system, whether the properties are located in
or outside of the City of Mount Vernon.
TOTAL WATER CONSUMPTION - The total volume of water delivered to a
property by the water source for which a sewer user is responsible. The total volume
of water shall be the sum of the voliune of water metered by, or otherwise calculated
by the water source.
WATER CONSUMPTION - The consiunption of water, measured in hundreds of
cubic feet ("CCF"); one CCF equals 748 gallons.
WATER SOURCE-Any entity that delivers water to a property, such as the Mount
Vernon Board of Water Supply.
/X
FEB 3 2022
SPEC!AL
§ 112-b (3) Obligation to pay sewer rent.
READiNG
F1.RST 1) All system users, as defined herein, shall be liable for fees and sewer rent as
enacted.
2) While system owners may charge a tenant(s) for sewer rent, owners are liable
to the City for payment of sewer rents. The failure of tenants to reimburse or
indemnify a system user shall not be a defense to the obligation to pay sewer
FEB 9 2022 rent. All sewer rents and penalties shall be a charge against the property for
which the system user and any successor in interest shall be liable therefor.
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§ 112-b (4) Sewer rent basis; adjustments; changes.
1) Sewer Rent. System users shall pay an amount based on the actual water
consumption as determined by the water source using a water meter or other
measuring device, or an estimated amount if the water source is iu'iable to
obtain a reading.
2) A system user who maintains that the sewer rent should be adjusted for any
given six-month period may make one application to the Board of Water
Supply Commissioner for an adjustment for that period's sewer rent within 25
calendar days of the issuance of the bill. Such application shall be in writing
and be supported by substantial evidence establishing that the amoiu'it of the
system user's water consumption that actually was discharged into the sanitary
system was less than the amount of water consumption used to calculate the
system user's sewer rent. Proof shall be in the following form:
An engineering report from a professional engineer licensed in the State of
New York;
ii. Data from a submeter whose operation has been inspected and verified by the
City of Mount Vernon;
iii. Affidavits; or
iv. Any other documentary evidences.
(a) The system user has the burden of proof. The quantutn and quality of proof is
not necessarily dependent on the amount of the adjustment sought.
(b) If any adjustment is warranted, the system user shall receive the same in the
form of a credit on the next bill following the Board of Water Supply
Cornrnissioner's determination. If a system user is aggrieved by said
determination, said user may appeal to the City Council within 15 days of
same.
(c) Allapplicationsforanadjustmentthatarecurrentlypendingshallbeheardand
determined iu'ider this subsection.
3) Changes. The initial rate of the sewer rent shall be established by ordinance
of the City Council after public hearing. Subsequent changes to the rate of the
sewer rent and amount of penalty shall be made in the same manner.
§ 112-b (5) Annual costs of the sanitary sewer system.
The annual operation
and maintenance costs of the sanitaty sewer system shall be
determined as part of the City's
budget process. The annual costs shall include, but
not be limited to: personnel services, including salaries and fringe benefits,
contractual services, repairs and replacement related to the sanitary sewer system,
materials and supplies, utilities, building repair and maintenance, equipment, testing
and sampling, insurance, indebtedness, auditor's fees, reserve fund, contingency
Page 2
FEB 3 2022
SPECIAL
§ 112-b (6) Billing and payments.
FIRST READING 1) System users shall be billed by the City or entity to which billing authority has
been designated on a frequency established by the City.
2) Sewer rents shall be paid to the City of Mount Vemon.
3) Sewer rent bills shall be sent to system users to the address to which property
tax bills would be sent.
FEB 9 2022
a) The failure of a system owner to receive a bill shall not excuse nonpayment
thereof, nor shall it act as a waiver of a penalty imposed herein prescribed.
SE'i.yO'!:'D EEj"iDl!
b) A system user that intends to convey property shall notify the City or entity
7 to which billing authority has been delegated within 14 days in advance of
the closing title for a final reading and new ownership information.
4) System users may be afforded the option of receiving e-bills and making
electronic payments. System users may request that a tenant(s) receive their
respective bill(s), and such additional notice may be given as an
accommodation. (Refer to §112-b(3)2.)
5) Any adjustments granted, issued or agreed upon with regard to actual water
consiunption shall be indicated to system users and reflected in the next
succeeding bill.
§ 112-b (7) Late payments; penalties; liens; enforcement.
1) All bills shall become due and payable without penalty within 25 days of
lSSuanCe0
2) A penalty of 1% will be charged for any bill that remains unpaid after 25 days.
An additional penalty of 1% shall be added for each succeeding month or any
portion of a month in which the sewer rent continues to remain unpaid.
3) Unpaid sewer rents, penalties and interest shall constitute a lien upon the real
property as provided by New York State General Municipal Law §452. This
lien shall be senior to every other lien with the exception of the lien of an
existing tax, assessment, or other lawfiil charge imposed by the state or the City
of Mount Vernon.
§ 112-b (8) Collection of sewer rents; sewer rent fund.
All revenues from sanitary shall be kept in a separate
sewer rents including penalties
bank account to be designated as "Sewer Rent Fund." All such funds, together with
any interest thereon, shall be used in accordance with General Municipal Law §453.
§ 112-b (9) Appeals.
A system user dissatisfied with the determination of the City, entity to which billing
authority has been designated, or the decision of the Commissioner of the Board of
Water Supply, may submit such dissatisfaction in writing within 14 days of that
determination or decision to the City Council for further consideration.
Page 3
FED 3 2022
sp=c""giiz-b(to)propertiesiocateaoutsiaecity.
System users for properties located outside the territorial limits of the City of Mount
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Vernon are liable for charges in accordance with this chapter unless the subject of an
existing agreement with the City.
i
§ 112-b (11) Exemption.
FEB 9 2022 PropertiesownedbytheCityofMountVernonareexemptfromtheobligationtopay
sewer rent.
SECO';';'Dri'iE/"i'aJ'ii
§ 112-b (12) Severability.
If any provision of this article or the application thereof to any person or
circumstances is adjudged invalid by a court of competentjurisdiction, suchjudgment
shall not affect or impair the validity of the other provisions of the article or the
application thereof to other persons and circiuustances.
Section 2. Effective Date. The Local Law shall take effect on March 1, 2022,
contingent upon or corresponding with the date of filing of with the New York State
Secretary of State, whichever comes first.
i
APPROVED THIS ORDINANCE
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AssistantCorpor ion ounsel
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APPROVED
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APPROVED
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Mayor
Page 4
LOCAL LAW N0. 3 0F 2022
A LOCAL LAW ADOPTING NEW SUBSECTION 1 12-c TO CHAPTER C.
CHARTER, ARTICLE IX. DEPARTMENT OF PUBLIC WORKS ENTITLED
"REFUSE SUSTAINABILITY' FEE" TO ESTABLISH A REFUSE
SUSTAINABILITY' FEE AND PROVIDING FOR THE LIEN AND
COLLECT(ON THEREROF.
BE IT ENACTED that the City Council of Mount Vernon hereby adopts new
subsection 11 2-c to Chapter C. Charter, Article IX. Department of Public
Works entitled "Refuse Sustainability Fee" to read as follows:
§112-c Refuse Sustainability Fee
Section 1.
§112-c (1) Purpose; authority.
Establishment of Refuse Sustainability Fee. The City Council of Mount
Vernon ("City") hereby establishes a Refuse Sustainability Fee to defray the
cost of collection, transportation, and disposal of solid waste and
recyclables from improved real properties in the City.
Section Il 2-c (2)
Definitions. All terms set forth in this local law shall have the same
definitions as set forth in Chapter 1 12-b, "Sewer Rents" of the Mount Vernon
City Charter, unless otherwise noted herein.
Section Il 2-c (3)
Computation of Refuse Sustainability Fees. The Refuse Sustainability Fee
for each calendar year for each improved real property in the City shall be
calculated by multiplying the number of parcels on each such tax
assessment lot, as shown on the most current tax assessment roll and
records of the City Assessor, by the Refuse Sustainability Fees set forth in
Part II: General Legislation; Chapter 126: Fees and Deposits; Article Vl:
Sewer Rents and Refuse Sustainability Fees of the Mount Vernon City
Code.
Chanqes in Fees. The Refuse Sustainability Fee may be changed by
amending Part II: General Legislation; Chapter 126: Fees and Deposits;
Article Vl: Sewer Rents and Refuse Sustainability Fees of the Mount Vernon
City Code.
Section 112 c (4)
Billinq of Refuse Sustainability Fees. The Refuse Sustainability Fee for
each improved real property in the City shall be billed for each calendar year
as a separate line item on a biannual real property tax bill for each such tax
assessment lot. Only in the year of the enactment of the Refuse
Sustainability Fee, must it be due in full by December 31. Every year
thereafter it will be due in conjunction with the City Property tax schedule.
FEB 3 2022
SPECIAL
Section 112 c (5)
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Fi'F:ar' aaai=.l',,
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Usaqe of Refuse Sustainability Fees. The collection of revenue from the
Refuse Sustainability Fees shall only be used to defray the cost of
collection, transportation, capital projects, benefits, and disposal of solid
waste refuse and recyclables within the City of Mount Vernon.
FEB 9 2022
Section Il 2-c (6)
SECO;:D REj"i"'aj
'ii - Ability to Opt-out of Refuse Sustainability Fees. The Refuse Sustainability
Fees can only be opted out by commercial & industrial improved real
property in the City. These opt-outs must be submitted by written
communication to the Commissioner of the Department of Public Works
prior to September 30 of the current year to be effective for the next
succeeding year.
Section 112 c (7)
Levy and Lien of Unpaid Refuse Sustainability Fees. If a Refuse
Sustainability Fee incJuding accrued interest thereon is not fully paid by the
second installment of the calendar year for which originally billed, the unpaid
amount shall, pursuant to the procedures set for in Section 120-cc of the
General Municipal Law, become a lien as of January 1 of the next
succeeding year and shall accrue additional interest, to be collected, and to
be enforced in the same manner and at the same time as provided by law
for City taxes due in such next succeeding year. Exception is made for the
first year of the enaction of the Refuse Sustainability Fees.
Section 2.
Effective Date. This Local Law shall take effect on March 1, 2022.
Councilperson
THIS ORDINANCE
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Assistant Presid0nt
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Depu-f'J"Ci"ty
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APPROVED
APPROVED
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Page 2
s'?a.'oAfrt.
HELD AN ORDINANCE AMENDING THE CITY OF MOUNT VERNON
ADMINISTRATIVE CODE PART II, GENERAL LEGISLATION
J ENTITLED "CHAPTER 126. FEES AND DEPOSITS"
ADDING ANOTHER ARTICLE, ENTITLED
BY
"ARTICLEVI. SEWERANDREFUSESUSTAINABILITYFEES."
WHEREAS, by letter dated February 2, 2022, the Mayor of the City of
FEB 9 2022
Mount Vernon has requested that the City Council adopt two new local laws, Local
Law 2, which establishes a new Sewer Rent to be paid by the residents of Mount
Vernon, and Local Law 3, which establishes a new Refuse Sustainability Fee also
to be paid by the residents of Mount Vernon; and
WHEREAS, the two new charter provisions require establishment of a new
section of the City Code that enumerates these new fees; and
Chapter 1-26. Fees and Deposits" by adding another article entitled "Article Vl.
Sewer Rents and Refuse Sustainability Fees" to correspond with the new Charter
provisions, Chapter C. Article IX. Department of Public Works, 112-b entitled,
Sewer Rents" and, Chapter C. Article IX Department of Public Works, 112-c
entitled, "Refuse Sustainability Fee;" NOW, THEREFORE,
The City of Mount Vernon, in City Council convened, does hereby ordain
and enact:
Section 1. As a new subsection of Part II, General Legislation, a new
article entitled Article Vl., "Sewer Rents and Refuse Sustainability Fee."
Section 2. The chart below are the initial Sewer Rents and Refuse
Sustainability Fees effective upon the adoption of the 2022 Budget.
Type of Fee Amount
Sanitary Sewer Fee $1.25 per 100 cubic feet
Sanitary Sewer Fee Minimum Charge $18.75
(up to 1500 Cubic Feet)
Residential Refuse Fee (per unit) $200.00
low Income Senior Residentia!'Fee (per unit) $100.00
Non-Residential Refuse Fee $2,000.00
Non-Profit Refuse Fee (0.5 acre or less) $500.00
Non-Profit Refuse Fee (0.5"l acre or more) $1 ,ooo.oo
Non-Profit Dormitory (Family) Refuse Fee $100.00
Non-Profit Dormitoi (SRO') Refuse Fee $50.00
Section 3. This ordinance shall take effect u i val)he
Board of Estimate & Contract.
Councilperson
PR VED THIS ORDINANCE
BYC5J;Y/,COUNCIL
ADOPTE9
Assistant
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tieputy ' City Clerk
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o APPFIOVED
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m Mayor
FEB - 9 2022
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT A GRANT AWARD FROM THE NYS OFFICE
OF CHILDREN AND FAMILY SERVICES ($89,200.00 - Safe Haven)
o
o
FEB - 9 2022
AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT
A GRANT AWARD FROM THE NYS OFFICE OF CHILDREN
AND FAMn,Y SERVICES ($122,700.00 - S.T.R.O.N.G. program)
WHEREAS, by letter dated January 24, 2022, the Deputy Director of the
Youth Bureau has requested legislation authorizing the Mayor to accept a grant
award from the NYS Office of Children and Family Services in the amount of
$122,700.00 for the contract period of January 1, 2022 through September 31, 2023;
and
WHEREAS, the program will allow Mount Vernon Youth Bureau to provide
youths between the ages of 6-14 in the S.T.R.O.N.G. program (Students Taking
Responsibility and Ownership Now and Graduating), with additional free academic
support and STEAM activities in the afterschool and summer program; NOW,
THEREFORE,
The City of Moiu'it Vernon, in City Council convened, does hereby ordain
and enact:
Section 1. The Mayor is hereby authorized to accept a grant award in the
amount of $122,700.00 to provide youths between the ages of 6-14 in the
S.T.R.O.N.G. program (Students Taking Responsibility and Ownership Now and
Graduating), with additional free academic support and STEAM activities in the
afterschool and surnrner program.
Section 2. Funds in the amount of $122,700.00 are to be accoiu*d for
in Revenue Code A4820, Budget Codes A7316.101 (i codes) anJA7316.803
(social security). There is no match obligation for this grant and funds have already
been wire transfened.
Section 3. This ordinance shall take effect upon its approval by the
Board of Estimate and Contract.
Councilperson
AS FO iM THIS ORDINANCE
? i ADOPTED BY..CITY COUNCIL
( ) 'l i
nepur 'CityClerk
APPROVED
o APPROVED
D5":
c
E
o Dept.
FEB 9 2tl22
(I; AN ORDINANCE
DEPARTMENT
AUTHORIZING
TO ACCEPT ONE
THE
(1)
FIRE
FIRE SAFETY VEHICLE
WHEREAS, by letter dated February 1, 2022, the Fire Commissioner has
requested legislation authorizing said Department to accept one (1) Fire Safety
vehicle (100' Pierce Aerial Ladder Truck) in the value of $1,241,585.00; and
WHEREAS, this apparatus will be provided by the Urban Renewal Agency
(URA) and paid for with HUD CDBG funding for 2016 - 2019 program years;
NOW, THEREFORE,
The City of Mount Vernon, in City Council convened, does hereby ordain
and enact:
Section 1. The Fire Department is hereby authorized to accept one (l)
Fire Safety vehicle (100' Pierce Aerial Ladder Truck) in the value of $1,241,585.00
which will be provided by the Urban Renewal %ency (URA) and paid for the HUD
CDBG funding for 2016 - 2019 program years.
Section 2. This ordinance shall take effect upon its approval by the
Board of Estimate and Contract.
Councilperson
PPRQVEDASmFORM THISORDINANCE
AssistantCorpo 6n(4unsel '% -1 /'i President
l
i
f:
- ' /.
/l
Depu'! CityClerk
APPROVED
APPROVED kl .. / / / V
l
c
Dept.
a:lC) Mayor
FEB 9 2fl22
AN ORDINANCE AUTHORIZING THE POLICE
DEPARTMENT TO P{JRCHASE FIVE (5) USED
POLICE VEHICLES
WHEREAS, by letter dated February 8, 2022, the Commissioner of Public
Safety has requested legislation authorizing said Department to purchase five (5)
used police vehicles (4 marked and 1 unmarked) from The Cruisers Division located
in Mamaroneck, NY and graphically enhance four (4) of these vehicles utilizing the
funds within the "666 Seized Assets Funds" for a total of $86,600.00; NOW,
THEREOFRE
The City of Mount Vernon, in City Council convened, does hereby ordain
and enact:
Section 1. The Police Department is hereby authorized to purchase five
(5) used police vehicles (4 marked and 1 unmarked) and graphically enhance four
(4) used police vehicles under unique circumstances. Delivery of said vehicles is
expected no sooner than June 2022. The five (5) police vehicles to be purchased are
as follows:
QUANTITY DESCRIPTION PRICE VIN ID #
1 2013 Ford Interceptor Sedan $6,900.00 123502
1 2016 Ford Interceptor Sedan $7,500.00 113640
I 2016 Chevy Tahoe Admin (LT) $42,000.00 388367
1 2017 Ford 7nterceptor Sedan $7,600.00 69982
1 2019 Ford Explorer Sport Utility $16,000.00 54832
Vehicle
Section 2. Fiu'ids for the aforesaid five (5) police vehicles in the amount
of $86,600.00 will be deducted from the "666 Seized Assets Funds"; (Capital Code
#H3 120.203C666).
Section 3. This ordinance shall take effect upon its approval by the
Board of Estimate and Contract.
o
o
Mayor
FEB - 9 2fl22
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO AN AGREEMENT WITH
THE GUIDANCE CENTER OF WESTCHESTER ("TGCW')
WHEREAS, by letter dated February 9, 2022, the Commissioner of
the Department of Public Safety has requested that the City Council enact
legislation which will enable the Mayor to enter into an agreement with The
Guidance Center of Westchester ("TGCW') commencing February 14,
2022 and will expire on September 30, 2022 with the opportunity to renew
semi-annual(y, however, either party may terminate with 30 days written
notice to the other; and
WHEREAS, the aforesaid agreement will set the standards by which
the Department of Public Safety will partner with TGCW to provide
wellness resources to community members in crisis as well as provide care
management and peer support staff to support police officers engaging
with persons in the community experiencing a behavioral health crisis; and
WHEREAS, the aforesaid agreement will commence on February
14, 2022 and expire on September 30, 2022 does not require funding or
financial support of any kind from the City of Mount Vernon; NOW,
THEREFORE,
The City of Mount Vernon, in City Council convened, does herby
ordain and enact:
Section 1. The Mayor is hereby authorized to enter into an
agreement between the City of Mount Vernon, on behalf of, Mount Vernon
Police Department ("MVPD") located at 2 Roosevelt Square N, Mount
Vernon, NY 10550 and The Guidance Center of Westchester, Inc. located
at 256 Washington Street, Mount Vernon, NY 10553.
Section 2. There is no cost to the City of Mount Vernon.
Section 3. This ordinance shall take effect upon its approval by
the Board of Estimate and Contract.
Councilperson
THIS ORDINANCE
1,,, f, ( % o l'
7' AssistantCorrration
C\sel
Deput, City Clerk
APPROVED
o APPROVED
o Dept.
all(!) Mayor
jAN 2 6 2022
LOCAL LAW N0. 1-2022
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTAJ3LISHED IN
5QC;L
GENERAL M[JNICIPAL LAW SECTION 3-C.
pipST Be it enactedby the City Council of the City of Mount Vernon in the County
READ!!'!G
of Westchester in the State of New York, as follows:
FEB -
.!
4,
2022
1,TshecehNonewl'YLoergk'sSltaakt'ev recentlyreleased the "2 Percent Tax Cap"
figures
forthebudgetyear2022andadvised
theCityof MountVernonthatthetax cap,
in actuality, will be 2.0%. The City of Mount Vernon acknowledges that it is vitally
important to use the taxes ofthe City in a fiscallyresponsible manner and it is necessary
to keep the tax levy on the property taxpayers to a minimum amount, especially in
ecoffiomically
hard times. However, tlie financial position of the City determines that
the Fiscal Year 2022 Budget may require a tax levy increase that is greater than that
allov7ed
by General
MunicipalLaw§3-c.
It is the intent of this Local Law to override the limit on the amount of real
property taxes that may be levied by the City of Mount Vernon, County of Westchester,
Stat6 of New York, pursuant to General Municipal Law §3-c, and to allow the City of
Mount Vernon to adopt a budget for (a) City purposes and (b) any other special or
impr',ovement governed by the City Council foffl the fiscal year 2022 that c6quires a real
prop,brty tax levy in excess of tlie "tax levy limit" as defined by General Municipal Law
§3-cl
Section 2. Authority.
The local law is adopted pursuant to subdivision 5 of General li$nicipal Law
§3-c wl'iich expressly authorizes the City Council to override the tax le% limit by the
adojtion of a local law approved by vote of sixty percent (60%) of the City Council.
Section 3. Tax Levy Limit Override.
1- li
The City Council of the City of Mount'Vernon is herehy authorized to adopt a
budget for the fiscal year 2022 that requires alreal property tax levy irf ffixcessof the
limi specified in General Municipal Law, §3-c.
JAN 2 6 2022
Section 4. Severabffity.
If any clause, sentence, paragraph, subdivision, orpart ofthis Local Law orthe
LOCAL apphcation thereof to any person, firm or corporation, or cncumstance, shall be
I 4Mf
adjusted by any court of competent juiisdiction to be invalid or unconstitutional, such
FIRST
READING order of judgment shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph, subdivision, or part of
FEB - 9 2022 this Local Law or in its application to the person, individual, firm or corporation or
circumstance, directly involved in the controversy in which such judgment or order
shall be rendered.
Section 5. Effective Date.
This Local Law sliall be operative upon its approval by the City Council and
take effect imi'nediately upon filing in the office of the New York State Secretary
PLEASE TAKE NOTICE TO THE EXTENT THAT THIS LOCAL LAW MAY
CONFLICT WITH APPLICABLE PORTIONS OF THE GENERAL CITY LAW OF
THE STATE OF NEW YORK, IT IS THE STATED INTENTION OF THE CITY TO
EXElRCISE ITS AUTHORITY TO SUPERSEDE AND AMEND, AS GRANTED
UNDER THE MUISTICIP AL HOME RULE LAW OF THE ST ATE OF NEW YORK,
SECTION 10. THE CITY HEREBY PROVIDES NOTICE THAT IT IS
EXERCISING ITS AUTHORITY TO SUPERSEDE AND AMEND PURSUANT TO
mt$nctp,xi HOME RULE LAW OF THE STATE OF NEW YORK SECTION 22.
Presi t
Deput)' ("C'ity'
C:e'rk/
o
0 PROVED
o APPFIOVED
c
o Dept.
Mayor
m-
FEB - 9 2022
AN ORDINANCE AUTHORIZING AND
DIRECTING THE COMPTROLLER TO
REFUND AN OVERPAYMENT OF 2021
TAXES TO "PRO NATIONAL TITLE AGENCY"
WHEREAS, by letter dated Jai'iuary 13, 2022, the Comptroller advised this
City Council that an overpayi'nent in the sum of $22,234.76 was made by "Pro
National Title Agency" for the 2021 county tax on Block 3133, Lot 51; NOW,
THEREFORE,
' The City of Mount Vernon, in City Council convened, does liereby ordain
and enact:
Section 1. The Comptroller is hereby authorized and directed to draw a
draft off Account Code A690 in the sum of $22,234.76 to the order of Pro National
Title Agency, representing a refund of said overpayi'nent made by it, in error, on
Block 3133, Lot 51.
Section 2. The Comptroller shall deliver said draft in the amount of
$22,23,4,76payable to Pro National Title Agency to the Corporation Counsel upon
proof
41fthe.absence
ofliens
against
thesai'ne.
Section 3. This ordinance shall take effect upon its approval by the
Board of Estimate and Contract.
I
9i ATTEST:
'l)eputy c Clerk
o
o AP D
APPROVED ai .I Datp
Depl. Mayor
CCI- I C)
FEB 9 2022
A RESOLUTION OF THE CITY OF MOUNT VERNON
CITY COUNCIL ENDORSING THE EXPEDITED REVIEW
COMMITTEE'S RECOMMENDATION FOR
THE Q WEST TOWERS PROJECT
WHEREAS, Q WEST Towers, LLC ("Q West" or "Applicant") proposes
to construct al5-story mixed use building at 25 and 29 North Macquesten
Parkway and 13-story and cellar mixed-use building at l and 7-11 North
Macquesten Parkway, consisting of 229 residential units and cornrnercial space
("Project"); and
WHEREAS, an Amended and Restated Land Disposition Agreement was
entered into between the City of Mount Vernon and Q West, filed with the City
Clerk on May 13, 2021, governing the sale of certain City-owned parcels to the
Applicant and the approvals process for the Project; and
WHEREAS, both parcels are located in the MVW-H-Hub District,
whereby the Mount Vernon West Transit Oriented Development Fortn Based
Zoning Ordinance applies; and
WHEREAS, in accordance with the Section 267-V 10.A.2 of the City
Zoning Code, the Project is eligible for the Expedited Review Process; and
WHEREAS, on August 3, 2021, the Expedited Review Committee
recornrnended the approval of the Project, subject to certain conditions and
modifications; and
WHEREAS, the Expedited Review Committee recommended the
following modifications to the Project:
1. That the applicant shall comply with and/or implement any relevant
recommendations stated in the traffic study/report conducted by Maser Consulting
P.A. as part of the DGEIS for the rezoning of the MVW-TOD.
2. Pursuant to §226-15 of the City Code, a Stormwater Inspection and
Management Agreement for the stormwater management facilities related to the
development of Site A (25 and 29 N. Macquesten) and Site B (1, and 7-11 N.
Macquesten) for the Q West Towers Project, shall be fully executed, and recorded
in tlie office of tlie City Clerk as a deed restriction on the property prior to the
issuance of a building permit.
3. Applicant shall coordinate of Public
with the Department
Works/City Engineer to implement the projected
measures that will offset
increase in sewage flow through reductions in inflow/infiltration at a ratio of three
for one. The implementation of such measures shall be certified by Commissioner
of Public Works and/or the City Engineer and submitted to the Building
Department for the file prior to the issuance of a Certificate of Occupancy. The
Applicant is providing a 12" sanitary sewer line which replace the existing 8"
line. Applicant will also provide a 12" stormwater line.
4. The applicant shall make every reasonable attempt to locate street
utilities underground to the satisfaction of DPW.
5. The total retail space provided 2,615
for Project's two buildings total
sf (415 sf at Site A) and (2,200 sf at Site B). This appears to be a small amount of
retail space for a mixed-use building. The Applicant should explore increasing the
amount of ground floor retail/commercial space to the maximum extent feasible
to provide a more active streetscape for pedestrians and pedestrian-oriented
businesses. The most recent mixed-use development at 22 South West Street
contains 4,200 sf of retail space whereas the Modem provided 9,400 sf on the first
two floors which is now the County's Moiu'it Vernon Employment Center.
fl
FEB 9 2g22
6. The 25' curb cuts at both buildings should provide separate lanes for
ingress/egress.
7. That the applicant shall replace existing street lights with decorative
street light fixtures matching to the extent possible the recently installed lighting
by new developments in MVW district. These street light fixtures will be
approved by the Department of Public Works ("DPW") and installed along North
Macquesten Parkway. The Street light fixhires will be noted on the plans provided
to the Building Department for approval.
8. Applicant shall provide a landscape plan as part of their submission
providing for the revitalization of the grassed median in the middle of North
Macquesten Parkway in front of their buildings.
9. The Applicant shall submit plans indicating water service lines and
sprinkler system to the satisfaction of the City's Building Commissioner, Fire
Department, Water Department, DPW and Building Department.
10. Applicant is providing security cameras at the buildings. The Police
Department will require access to building surveillance cameras to aid in ongoing
police investigations.
11. The Fire and Police Departments require space to be allocated on the
roof of the new developments for radio equipment (repeaters).
12. Final plans provided to the Building Department shall include the
correct north arrows and coordinate the elevations with the plans to be submitted.
WHEREAS, on August 26, 2021, the Architectural Review Board
recommended approving the Project, subject to certain additional
recornrnendations including:
1. To enhance the curb appeal of the proposed buildings, include
selective quality Iandscaping within a setback in front of both proposed buildings.
2. To provide additional curb appeal for the development by screening
the vehicles in the surface parking lot between both buildings, Applicant should
provide a wrought iron fence (of a sufficient height to screen the vehicles in the
parking lot) with selective landscaping within the City r-o-w.
3. To avoid impeding traffic flow in front of the buildings, provision
should be made for on-premise pick up and drop off areas or plazas (ideally
sheltered) for persons arriving and departing by car, delivery services and other
such short-term vehicle access needs.
4. To enhance the architectural appearance of the frontage of the
buildings, Applicant should replace the roll up gates at the garage entrances with
decorative gates to the garages.
WHEREAS, under the City Zoning Code, Mount Vernon West Transit
Oriented Development Form Based 10A.2, the
Zoning Ordinance, Section
Expedited Review Committee's recommendation is to be forwarded to the City
Council and Architectural Review Board for the Council's approval, approval
with modifications or denial;
WHEREAS, by e-mail 17, 2021, the Cornrnissioner of
dated December
Planning and Development resubmitted the aforementioned documents to the City
Council for it to take its necessary review and action under Mount Vernon West
Transit Oriented Development Form Based Zoning Ordinance; and
J'l
FED 9
WHEREAS, Cleary Consulting, planning consultant for the City Council,
prepared and distributed a Memorandiun to the City Council dated January 19,
2022, recommending the Council's approval with conditions regarding this
Project based upon the recornrnendations of the Expedited Review Committee and
ARB; and
WHEREAS, the City Council has reviewed the Expedited Review
Cornrnittee's and Architectural Review Board's recommendations and finds that
the 'Project is in conformance with the Mount Vernon West Transit Oriented
Development Form Based Zoning Ordinance in that it complies with the threshold
standards making it eligible for the Expedited Review Process, and that "it
provides a diverse array of uses (industrial, commercial and residential) in a
compatible manner, oriented around the Mount Vernon West train station;" and
NOW, THEREFORE, BE IT RESOLVED, that the City Council
approves the application for the Project subject to the following modifications to
the Expedited Review Cornrnittee's and Architectural Review Board's
recommendations, specifically detailing how certain recommendations will be
addressed (and who will be responsible for determining compliance) during the
Building Permit process:
1. Applicant's compliance with Expedited Review Committee
Recommendation #1 shall be reviewed and approved by the City's Planning and
Development Department prior to issuance of the Building Permit;
2. Applicant's compliance with Expedited Review Committee
Recornrnendation #5 shall be reviewed and approved by the City's Planning and
Development Department prior to issuance of the Building Permit. Any changes
to the Project's retail space in accordance with this Recommendation shall be
shown on the Final Plans provided to the Building Department for approval;
3. Applicant's compliance with Expedited Review Committee
Recornrnendation #6 shall be shown on the Final Plans provided to the Building
Department for approval;
4. Applicant's landscape plan, as set forth in Expedited Review
Committee Recommendation #8, shall be provided to and approved by the City's
Planning and Development Department prior to issuance of the Building Permit;
5. The space to be allocated on the roof Project to the Fire and
of the
Police Department, as set forth in Expedited Review Committee Recommendation
#1 1 shall be shown on the Final Plans provided to the Building Department for
approval;
6. Applicant the additional landscaping set forth in the
shall show
Architectural Review Recommendation #l & 2 on the Applicant's
Board's
landscape plan, which shall be provided to and approved by the City's Planning
and Development Department prior to issuance of the Building Permit;
7. The wrought iron fence, set forth in the Architectural Review
Board's Recommendation #2, shall be shown on the Final Plans provided to the
Building Department;
8. The on-premises
pick up and drop off areas, set forth in the
Architectural Review Recommendation #3, shall be shown on the Final
Board's
Plans provided to the Building Department. Additionally, the on-premises pick up
and drop off areas or plazas (which would ideally be sheltered) shall be approved
by the City's Planning and Development Department prior to submission of the
Final Plans to the Building Department; and
FEB 9 202!
9. The decorative gates to the garages set forth in the Architectural
Review Board's Recommendation #4 shall be shown on the Final Plans provided
to the Building Department. The roll up gates at the garage entrances shall be
removed from the Final Plans.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that prior to the
Building Department issuing the necessary Building Permit(s) in connection with the
subject Project in accordance with the recommendations set forth in the Expedited
Review Commission Resolution, Architectural Review Board Resolution, and this
Resolution (the "Resolutions"), the Building Department shall provide the City Council
with a Report at least five (5) days in advance of issuing any such Building Permit(s),
surnmarizing and verifying that each of the modifications set forth in the Resolutions
have been satisfied, including, that each of the respective City Departments or Agencies
specified herein has undertaken their necessary review and approved the relevant plans
and information required and submitted by the Applicant pursuant to the Resolutions.
Councilperson
THIS ORDINANCE
J ADOPTED BY CITY COUNCIL
AssistaJ Counsel r '- P7esid!nt-
o
.Depaf3'cityClerk
o APPROVED
o
a.i3- o Dept.
FEEI- 9 2822
}2 AN
HEARING
ORDINANCE
FOR THE
FIXING
ANNtJAL
THE DATE
ESTIMATE
FOR A PUBLIC
FOR THE
YEAR 2022.
The City of Mount Vernon, in City Council convened, does hereby ordain
and enact:
Sectionl. The City Clerk is hereby directed to give public notice,
pursuant to Section 81 of the City Chatter of the City of Mount Vernon, New York,
as ainended, that a public hearing will be held in reference to the annual estimate for
the year 2022 at a meeting of the City Council of the City of Mount Vernon to be
held at,$e,City Council Chambers, Municipal Building, Mount Vernon, New York,
on the 22nd day of February, 2022, at 7:00 p.m. (Eastern Standard Time), at the City
Council Chambers, City Hall, Mount Vernon, New York, and virtually via zoom;
and
Section 2. The City Clerk is hereby authorized to advertise on
February 12, 2022 and February 17, 2022, a surnrnary of the proposed budget prior
to the aforesaid public hearing; the cost of said notice is to be paid from Budget
Code A1010.401 (Office Expense) City Council, 2022 Budget.
Section 3. This ordinance shall take effect immediately.
Councilperson
THIS ORDINANCE
Assistant Corporatipan
Ip(-puty"Cit;Clerk
o
o
APPROVED
Dept.
Mayor
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