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City Council

Regular Meeting

Mount Vernon, NY · August 14, 2023

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CITY COUNCIL MEETING MINUTES MONDAY, AUGUST 14, 2023 4:30 P.M. CITY COUNCIL CHAMBERS – ROOM 206 CITY HALL, MOUNT VERNON, NEW YORK & VIA FACEBOOK.COM/MOUNTVERNONNY “SPECIAL” A “SPECIAL” MEETING OF THE CITY OF THE MOUNT VERNON CITY COUNCIL HELD ON WEDNESDAY, AUGUST 14, 2023 Scheduled for 4:30pm 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 occupants was limited *** PRESENT: Danielle Browne, Esq., Derrick Thompson, Cathlin Gleason and Edward Poteat (Online Remote) ABSENT: Lisa A. Copeland PRESIDING: Danielle Browne, Esq. OTHERS: Tanesia M. Walters, City Clerk; Donna M. Jackson, Deputy City Clerk; Brian G. Johnson, Corporation Counsel, Ralston Hickson, Assistant Corporation Counsel CALL TO ORDER / PLEDGE OF ALLEGIANCE Council President Danielle Browne called the meeting to order at 4:36pm. Clerk Walters read the “Special” meeting notice at 4:36pm. Roll Call at 4:37pm. Council President Browne asked Councilwoman Gleason to lead the council in the Pledge of Allegiance. PUBLIC PRESENTATION NONE PUBLIC COMMENT NONE LEGISLATION AND PUBLIC WORKS 2ND VOTE 1. An ordinance rescinding Ordinance No. 12, adopted by the City Council on June 14, 2023, entitled “AN ORDINANCE REQUESTING PERMISSION FOR COUNCILWOMAN LISA COPELAND TO ATTEND THE NATIONAL LEAGUE OF CITIES SUMMIT.) Moved by Gleason, Seconded by Thompson City Council Meeting Minutes August 14, 2023 “SPECIAL” On the Question: Browne noted she did not abstain her vote on August 9th and asked for correction to the record. The Clerks noted the revision. Response: None. Ayes: Gleason, Thompson, Poteat, Browne Nays: None PERMISSION 2. An ordinance requesting permission to reclassify three (3) Sewer Maintainer Assistants as “Laborers” within the Department of Public Works (“DPW”). (Annual salary of $46,584.22 and funding for this reclassification is available is available in Budget Code A8120.101, Sanitary & Storm Sewers). Moved by Gleason, Seconded by Thompson On the Question: None Response: None. Ayes: Gleason, Thompson, Poteat, Browne Nays: None PERMISSION 3. An ordinance requesting permission to hold the Portuguese American Cultural Festival (Sunday, September 10, 2023, rain date: Sunday, September 17, 2023) on Portugal Place, between East Prospect Avenue and Elm Street, from 8:00 a.m. to 10:00 p.m.) Moved by Gleason, Seconded by Thompson On the Question: None Response: None. Ayes: Gleason, Thompson, Poteat, Browne Nays: None AMENDMENT 4. An ordinance requesting permission for the Mayor to amend Ordinance No. 6 adopted by the City Council on August 10, 2022, entitled “AN ORDINANCE AUTHORIZING THE MAYOR TO AMEND THE ORIGINAL ARCADIS OF NEW YORK, INC. AGREEMENT.” Moved by Gleason, Seconded by Thompson On the Question: None. Response: None. Ayes: Gleason, Thompson, Poteat, Browne Nays: None AMENDMENT 5. An ordinance requesting permission to amend Chapter 128, Filming, to increase all permit fees, restrict street closures curing the school commencement and dismissal, add special filming fees for students, and increase fines and penalties. Moved by Gleason, Seconded by Thompson On the Question: None. Response: None. Ayes: Gleason, Thompson, Poteat, Browne Nays: None AMENDMENT 6. An ordinance requesting permission to amend Chapter 227 of the Code of the City of Mount Vernon entitled “Streets and Sidewalks – Part 1. Construction: Sewer Connections, Drains and Water Mains; Obstructions – Article III. Street Openings § 227-18. Fees.” Moved by Gleason, Seconded by Thompson On the Question: None. Response: None. Ayes: Gleason, Thompson, Poteat, Browne Nays: None AMENDMENT 7. An ordinance requesting permission to amend Chapter 227 of the Code of the City of Mount Vernon entitled “Streets and Sidewalks – Part 1. Construction: Sewer Connections, City Council Meeting Minutes August 14, 2023 “SPECIAL” Drains and Water Mains; Obstructions – Article III. Street Openings § 227-21 A Bonds and Insurance for Public Service Corporations.” Moved by Gleason, Seconded by Thompson On the Question: None. Response: None. Ayes: Gleason, Thompson, Poteat, Browne Nays: None FINANCE AND PLANNING PERMISSION 8. An ordinance requesting permission for the Department of Planning and Community Development to provide direct financial assistance to community-based meal providers - (funds are available through the American Rescue Plan Act A6774.458). Moved by Thompson, Seconded by Poteat On the Question: Gleason noted she would abstain from this vote because an organization she works with is a beneficiary. Response: None. Ayes: Thompson, Poteat, Browne (Three votes – will need a second vote of 3 or more to pass) Nays: None Abstain: Gleason REQUEST FOR 9. An ordinance requesting permission for the PROPOSAL Comptroller to issue a Request for Proposal (“RFP”) (RFP”) for banking institutions to serve as underwriters of short-term debt. Moved by Thompson, Seconded by Poteat On the Question: None. Response: None. Ayes: Gleason, Thompson, Poteat, Browne Nays: None The Agenda was concluded at 4:47PM. FURTHER BUSINESS: Councilman Poteat requested discussion for a second vote for Item #8. Council President Browne noted they will consult with Corporation Counsel. CP Browne noted that basketball phenom Jordan Nixon would be at Hartley Park at 5:30 PM for a basketball clinic. Motion to adjourn by Thompson, second by Gleason, Roll call on Adjournment all ayes. 4:48pm meeting adjourned. Submitted Deputy Clerk Jackson 08/14/2023

Agenda

iiUo"i'! P L5':Ou' taali'lJ CITY COUNCIL MEETING AGENDA MONDAY, AUGUST 14, 2023 4:30 P.M. CITY COUNCIL CHAMBERS - ROOM 206 CITY HALL. MOUNT VERNON. NEW YORK VIA FACEBOOK.COM/MOUNTVERNONNY LEGISLATION AND PUBLIC WORKS 2"o VOTE 1. An ordinance rescinding Ordinance No. 12, adopted by the City Council on June 14, 2023, entitled "AN ORI)INANCE REQUESTING PERMISSION FOR COUNCILWOMAN LISA COPELAND TO ATTEND THE NATIONAL LEAGUE OF CITIES SUMMIT.) PERMISSION 2. An ordinance requesting permission to reclassify three (3) Sewer Maintainer ASsistants as "Laborers" within the Department of Public Works ("DPW"). (Annual salary of $46,584.22 and funding for this reclassification is available is available in Budget Code A8120.101, Sanitary & Ston'n Sewers). _). An ordinance requesting permission to hold the PERMISSION Portuguese American Culturar Festival (Sunday, September 10, 2023, rain date: Sunday, September 17, 2023) on Portugal Place, between East Prospect Avenue and Elm Sti'eet, from 8:00 a.m. to 10:00 p.m.) 4. An requesting ordinance permission for the Mayor to AMENDMENT amend Ordinance No. 6 adopted by the City Council on August 10, 2022, entitled "AN ORDINANCE AUTHORIZING THE MAYOR TO AMEND THE ORIGmAL ARCADIS OF NEW YORK, INC. AGR_EEMENT." I I 5. An ordinance requesting peimission to amend Chapter AMENDMENT 128, Filming, to increase all permit fees, restrict street closures curing the school commencement and dismissal, add special filming fees for students, and increase fines and penalties. I City Council Meeting Agenda August 14, 2023 "SPECIAL" AMENDMENT 6. An ordinance requesting permission to amend Chapter 227 of the Code of the City of Mount Vernon entitled "Streets and Sidewalks - Part 1. Construction: Sewer Connections, Drains and Water Mains; Obstructions - Article III. Street Openings § 227-18. Fees." AMENDMENT 7. An ordinance requesting permission to amend Chapter 227 of the Code of the City of Mount Vernon entitled "Streets and Sidewalks - Part 1. Construction: Sewer Connections, Drains and Water Mains; Obstructions - Article III. Street Openings § 227-21 A Bonds and Insurance for Public Service Corporations." FINANCE AND PLANNING -PERMISSION 8. An ordinance requesting permission for the Department of Planning and Cornrnunity NO' r Development to provide direct financial assistance to community-based meal providers - (funds are available ADOP' ['ED through the American Rescue Plan Act A6774.458). REQUEST FOR 9. An ordinance requesting permission for the PROPOSAL Comptroller to issue a Request for Proposal("RFP") (RFP") for banking institutions to serve as underwriters of short-term debt. AUG1 "f SPEC t o o o OCLa:l o o z o o o o 7/i"/' V{L CCI o AUG j !t 2fl23 AN ORDINANCE REQUESTING PERMISSION TO RECLASSIFY THREE (3) SEWER MAINT AINER 9'agF' L""(/"" ASSIST ANTS AS "LABORERS" WITHIN THE DEPARTMENT OF PUBLIC WORKS ("DPW") WHEREAS, by letter dated August 2, 2023, the Cornrnissioner of the Department of Public Works has requested that legislation of three be enacted for the reclassification (3) Sewer Maintainer Assistant positions within our department into Laborer positions. This request is based on a comprehensive evaluation of our operational needs and staffing requirements considering the evolving demands on our public works infrastructure within said department; and WHEREAS, over the past few years, our city changes, has undergone various including advancements in sewer system maintenance technologies and practices. These developments have led to greater efficiencies in our operations, enabling us to achieve the same level of service with a more streamlined workforce. As a result, we find ourselves in a situation where the current niunber of Assistant Sewer Maintainer positions would be more beneficial to the operational requirements of the department as Laborer; and WHEREAS, converting these excess Sewer Maintainer Assistant positions into Laborer positions would not only align our staffing with the actual workload but also allow us to allocate resources more effectively. Laborers are a versatile asset to our team, contributing to a wide range of tasks beyond sewer maintenance, including road repairs, park upkeep, and other comrniu'iity projects. This flexibility would enable us to enhance the overall maintenance and beautification of our city while optimizing our workforce. The table below describes the conversion: Current Title Current Salary N New Salary Sewer Maintenance Asst. $49,142.87 Laborer $46,584.22 $2,558.65 Sewer Maintenance Asst. $49,142.87 Laborer $46,584.22 $2,558.65 Sewer Maintenance Asst. $49, 142.87 Laborer $46,584.22 $2,558.65 $7,675.95 NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The Department of Public Works is hereby authorized to reclassify the positions of three (3) Sewer Maintainer Assistants within the department into Laborer positions. This request is based on a comprehensive evaluation of our operational neeas and staffing requirements considering the evolving demands on our public works infrastructure within said department. Section 2. The aforesaid position will have an annual salary of $46,584.22and funding for this reclassification is available in Budget Code A8120.101 (Sanitary Storm Sewers) Councilpetson CCI o :poration o o ,(l o E '7'J7 71 i o o ' City Clarx o co APPROI/'ED 415,2023 Date 00 APPROVED 0CLCCI Dept. Mayor AU6 i 4 aik'EC AN ORDINANCE REQUESTING PERMISSION TO HOLD THE PORTUGUESE AMERICAN CULTURAL FESTIV AL WHEREAS, by letter dated July 11, 2023, the Portuguese American Club of Mount Vernon has requested legislation authorizing them to hold a Portuguese - American Cultural Festival Block Party on Siu'iday, September 10, 2023 (rain date: Sunday, September 17, 2023) on Portugal Place (between East Prospect Avenue and Elm Street), from 8:00 a.m. to 10:00 p.m.; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. Permission is hereby granted to the PORTUGUESE AMERICAN CLUB ("PAC") to hold a Portuguese - American Cultural Festival Block Party on Sunday, September 10, 2023 (rain date: Sunday, September 17, 2023) on Portugal Place (between East Prospect Avenue and Elm Street), from 8:00 a.m. to 10:00 p.m. Section 2. The City of Mount Vernon Fire Department requests the following prior to granting the permit to the PAC (they have been made aware): (i) Fire Prevention Bureau ("FPB") will inspect the site one day before and usually the first due companies will inspect a few times on the day during the event; (ii) at a minimum, three (3) ABC 51b extinguishers are required, as approved by the FPB officer and (iv) it is imperative that the proper setback from the building is always maintained - 3 feet minimum on open flame and 10 feet from any window for cooking smoke. Section 3. A site visit will be conducted at least three (3) hours prior to event opening. The purpose of this inspection is to inspect all the fire extinguishers, electrical connections, egress paths and any trip hazards that may be present. Also, a site plan (drawing) one week prior to the event opening. As per NYS 2020 Fire Code Section 403.I2.3.I, not fewer than two trained crowd managers and not fewer than one trained crowd manager for each 250 persons or portion thereof, shall be provided for the gathering. Section 4. In the application, the applicant specified that food will be served. Therefore, both an inspection and permit are necessary for any open flames or warming units before the event. Applicant specified there will be NO grills under the tent and the BBQ grills (charcoal) set up 15ft+ away from the tent & building and safety measures, such as fire extinguishers, etc., will be placed throughout the event. Section 5. In the event that personnel are needed to direct traffic and provide for the safety of persons and property at said block party, the PORTUGUESE AMERICAN CLUB shall reimburse the City for the overtime costs of the number of police officers determined to be necessary for these purposes at the sole discretion of the Commissioner of Public Safety. The Commissioner of Public Safety shall exercise his/her sole discretion in determining the number of police officers necessary. Section 6. The use of Portugal Place between East Prospect Avenue and Elm Street for the aforesaid purposes shall be under the supervision of the Department of Public Works. During ;he use of Portugal Place, the aforesaid shall be maintained, cleaned, and kept in good condition by said PORTUGUESE AMERICAN CLUB at its own expense. Parking for the attendees shall be limited to the municipal lot locatedone block west of the club. The permission hereby granted is always conditioned uponthe AUO l't2023 in the event of SPECiA maintenance of access to such street at all times for emergency services necessity therefor. Section 7. The Department of Public Works is hereby authorized and directed to close Portugal Place between East Prospect Avenue and Elm Street to vehicular traffic by providing and removing barricades for street closure twenty-four (24) hours in advance of the event on the aforesaid dates during the holding of the "Portuguese American Cultural Festival (Block Party)." The Parking Bureau will place "No Parking Signs" at least seventy-two (72) hours prior to the event. Section 8. Sidewalks are to remain open to pedestrians and proper signage must be visible in place. The Police Department will determine whether police presence is needed as well as how many officers are required. The event organizers are responsible for the salary for each officer needed, 72 hours in advance. It is up to the Police Department to determine if Auxiliary Police can be used. Also, if you are requesting to use private security, each person must have a NYS Security License and show proof of being bonded. Proof for each security guard's license must be submitted 72 hours before the event. Pursuant to City Code §191-1 1, no alcohol use is permitted on city property for neither sale nor consiunption. Section 9. The forgoing permission is granted upon the express condition that the said PORTUGUESE AMERICAN CLUB shall assui'ne all liability for and will indemnify and hold the City of Mount Vernon harmless of and from any and all damages that occur to persons or property by reason of the holding of said "Portuguese - American Cultural Festival (Block Party)," before acting upon this ordinance, shall file with the City Clerk and to be approved by the Corporation Counsel, a public liability policy covering the City of Mount Vernon as an additional insured with policy limits of at least $1,000,000.00 per occurrence for each event. Section 10. In the case of additional Emergency Ambulance services, notice in advance of 96 hours is required. Section 11. This ordinance shall take effect only upon the filing of the abosre- described documents in the o'ifice of the City Clerk of Mount Vernon. '"'//4n6P APPROVED AS TO FORM ORDINANCE A D BY COUNCIL a o A, t Colipor,;,fionCounsel o E o City Clerk Date APPROVED Oaal I :.-T Dept. Mayor AUGI 4 IAL AN ORDINANCE REQUESTING PERMISSION FOR THE MAYOR TO AMEND ORDINANCE N0. 6 ADOPTED BY THE CITY COUNCIL ON AUGUST 10, 2022, ENTITLED "AN ORDINANCE AUTHORIZING THE MAYOR TO AMEND THE ORIGINAL ARCADIS OF NEW YORK, INC. AGREEMENT" FORAN ADDITIONAL $1,000,000 The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The first decretal paragraph, the second paragraph, Sections l and 2 of Ordinance No. 6, adopted by the City Council on August 10, 2022, entitled "AN ORDINANCE AUTHORIZING THE MAYOR TO AMEND THE ORIGINAL ARCADIS OF NEW YORK AGREEMENT" for an additional $1 000 000 is hereby amended as follows: WHEREAS, by letter dated [July 28, 2022'j August 7, 2023, the Commissioner of the Department of Public Works has requested legislation authorizing the Mayor to amend the original contract executed on December 21, 2021 with Arcadis of New York, Inc. ("Arcadis") to provide engineering services by completing outfall sampling and analysis, an Illicit Discharge Action Plan ("IDAP"), a Stormwater Management Program Plan ("SWMP Plan"), and Sewer System Evaluation Survey ("SSES") Workplan. The proposed one-year Contract Amendment Period would cornrnence on August 10, 2022, through August 9, 2023; and WHEREAS, on June 16, 2022, Mayor Shawyn Patterson-Howard declared a state of emergency due to the existence of an environmental water emergency within the sanitary and storm sewer systems posing an imtnediate health and safety threat to humans and the environment and preventing compliance with the U.S. Clean Water Act. The City of Mount Vernon ("City") is currently in a State of Emergency for the current public health and safety crisis that is being caused by the deterioration of the sanitary and storm sewers. Problems include sanitary sewer overflows, sewer backups into homes, flooding, illicit discharges and pipe WHEREAS, Arcadis has been providing engineerinz services for the investigation and rehabilitation of the City sewer system. Some of these services include grant assistance, technical guidance, GIS development, bid document development, water sampling, consent order review, developing sewer system evaluation documents, MS4 program assistance; and WHEREAS, the current agreement manages crisis, the engineering services will focus on assisting the City with sanitary and stormwater sewer investigations, maintenance and repairs. Arcadis has agreed to also provide assistance in the implementation of the lead service line replacement program to include the following deliverables: Task 1- Meetings and correspondences Task 2 - Grant and Financing Assistance Task 3 - Program Management Task 4 - Outfall 24 Sewer Investigation Field Services Task 5 - Sewer Investigation and Rehabilitation Recommendations Task 6 - 2024/2025 Phase 2 - Sewer Inspection and Rehabilitation RFB's Task 7 - As needed Engineering Services WHEREAS, Arcadis has provided a proposal to amend their original contract for one (1) year and extend the scope of services to include: Meetings and Correspondences, Grant and Financial Assistance, Contractor On-Call services, Program Management, and As-Needed Engineering Services. Due to the extensive work outlined within the IDAP, increased flooding city-wide and overall general knowledge of the City's Sanitary and Stormwater system by Arcadis, it AUGI 4 SPEC would behoove the City to retain their services for efficient progress and compliance continuity; NOW, THEREFORE, 'f The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. The Mayor is hereby authorized to amend the original six- month contract period from December 29, 2021 - June 28, 2022 executed on December 21, 2021 with Arcadis of New York, Inc. ("Arcadis") to provide engineering services by completing outfall sampling and analysis, an Illicit Discharge Action Plan ("IDAP"), a Stormwater Management Program Plan ("SWMP Plan"), and Sewer System Evaluation Survey ("SSES") Workplan. The proposed one-year Contract Amendment Period would commence on August 10, 2022, through [August 9, 2023] August 9, 2025 (additionaJ2 years). Section2. Funds for the aforesaid in an amount not to exceed [$400,000.00J $1,538,500, this amount includes a subcontractor allowance in the amount of $100,000.00 for construction oversight, survey and additional CCTV inspections. Funding for these additional services shall be expended from the following funding sources: * $10,000,000 - New York State Department of Environmental Conservation ("NYSDEC") 2021 Water 0uality Improvement Proiect ("W0IP"). @ $1,500,000 - Environmental Protection Agency ("EPA") Community Funding Grant. * $1,500,000 - U.S. Department of Housing and Urban Development ("HUD") Cornrnunity Proiect Funding. * $150,000,000 - New York State Environmental Facilities Corporation ("EFC"). * $500,000 New York State Environmental Facilities Corporation ("EFC") Engineering Consultant Design Grant. * $75,000 NYSDEC MS4 Mapping Grant. * ARPA - H8120.203.C933 - Sanitary Sewer Rehabilitation and Construction; H8140.203.C932 - Stormwater Sewer Rehabilitation and Flood Mitigation. (City funds will be needed in some instances to provide the upfront payment prior to reimbursement). Section 3. Funding for this project is available via the following sources: (i) American Rescue Plan Act ("ARPA") - Infrastnicture: 5.5 Clean Water: Other Sesver Infrastructure - H8120.203.C933b - Consultant Engineers - $250,000.00; (ii) American Rescue Plan Act ("ARPA") Infrastructure: 5.6 Clean Water: Stormwater - H8140.203.C932b - Consultant Engineers - $250,000.00; and (iii) New York State Environmental Facilities Corporation ("NYSEFC") Grant Funding. Page 2 AUG'N4 Section 4. This ordinance shall take effect upon its approval by the Board of Estimate & Contract. New Matter Underlined Deleted Matter in Brackets [ ] Counci CITY NCIL C%Jo0 nt Corporatigri Counsel l,,.. S o ATTEST: "'5"a"'$' 1///' o lity Crerk ,7, jo (X jo APPROVED OCLa:l Dept. Mayor AUG AN ORDINANCE REQUESTING PERMISSION TO AMEND CHAPTER 128, FILMING, TO: INCREASE ALL SPECI'A PERMIT FEES, RESTRICT STREET CLOSURES DURING SCHOOL COMMENCEMENT AND DISMISSAL, ADD SPECIAL F, FILMING FEES FOR STUDENTS AND INCREASE FINES AND PENALTIES IN THE FOLLOWING SECTIONS: 128-IB, 128-3, -128-4, A AND 128-8 WHEREAS, by letter dated August 2, 2023, City Clerk, Tanesia M. Walters has requested permission to amend chapter 128, Filming, to: increase all permit fees, restrict street closures during school commencement and dismissal, add special Filming fees for students and increase fines and penalties in the following sections: 128-lb, 128-3, -128- 4, A and 128-8; NOW, THEREFORE, The City of Mount Vernon, in City Corincil convened, does hereby ordain and enact: Section 1. Section 1 of Chapter 128 of the Code of the City of Mount Vernon, entitled "Filming" is hereby amended as follows: 128- l Permit required; application. No person, persons, organization, corporation or group of any kind shall film a commercial, movie, documentary, television program or any other presentation upon the streets, sidewalks or any other propeity witliin tl'ie limits of tlie City of Mount Vernon withorit first obtaining a peri'nit for sucl'i activity. Any person, persons, organization, coi'poration or group desiring a permit for the aforesaid pui-pose shall n'iake an application tlierefore on a form to be obtained from tl'ie office of the City Clerk. Said application shall contain the name and address of the applicant the name and address of the organization, group or corporation, if applicable; tlie proposed location of the filming; and the date(s) and time the pennit is intended to cover. 1: ApplicationProcess 1.1 Submission Timeline: All f-ilm production applications t'nust be submiffed no less tl'ian ten (10) business days prior to the first day of filming. Section 2: Application Fees 2.1 Private Property Filming: 2.1.1 Anapplicationfeeofonetliousanddollars($1,000.00)shallberequiredforfilm productions shot on private property. 2. 1.2 The application fee is subiect to permit fees as outlined in subsequentsections. 2.2 Public Propeity Filming: 2.2.1 An application fee of two hundred fifty dollars ($250.00) shall berequired for 1-ilm productions shot on public property. 2.2.2 The application fee is sribiect to permit fees as outlined in subsequentsections. Section 3: Expedited Services 3. 1 Expedited Application Services: 3.1.1 In cases where applications are submitted less than ten (10) daysteforethe filming date, expedited services may be requested. Page 1 of 6 AUG 3.l.2 The fee for expedited services shall be fifty percent (50%) of the total per.init fee, as calculated including application and perinit fees. Section 4:Permit Fees 4.1 CalculationofPermitFees: 4.1.1 The total permit fee shall be calculated by adding the application fee to the appropriate filming location fee (private propeitv or public property' €. 4. 1.2 For expedited services, the total pei'mit fee sliall include the expedited sei'vice fee in addition to the application and location fees. Section 6: Severability 6. I If arty provision of this ordinance or its application to any person or circumstance is held invalid, the remainder ofthe ordinance ortlie application of the provisionto otlier persons or circun'istaiices shall not be affected. This ordinance is enacted to ensure the orderly and efficient management of film productions witliin the city. It is intended to strike a balance between facilitating the film industry and preserving tl'ie interests of tlie city and its residents. The application fee sliall be $750. However, this fee will be waived for applicants filming on City property wlio are reqriired to pay tlie daily permit fee. [Added 9-14-2016, approved 9-16-2016] 5§128-2 Insurance requirements. (Amended 9-13-2000. approved 9-I4-2000] Every application for a filming pern'iit shall inclride proof of a public liability insurance policy, to be approved by the Corporation Coru"isel, covering the City of Mount Veriion as an additional insured, in the amount of $1,000,000 single limit, for the driration of the filming. The applicant shall also agree to assutne all liability for and will indemnify and liold the City of Mount Vemon harniless of and free from any and all damage that occur to persoris or propeity by reason of said filming. § 128-3 Approval; closing of streets. A. Event applicatiori for a filming permit must be approved by the Commissioner of Public Safety or his designee, as the Depaitment of Public Safety shall be responsible for any street closing and/or temporary traffic regulations necessary during filming. Approval shall be conditioned upon tlie applicant's agreeing to provide, at of said Commissioner his or her own expense, any secririty officers the Commissioner or his designee deems necessary for the protection of the citizens or for tlie direction of traffic during said filming. No public street shall be closed as a public thororighfare ruider tlie authority of tliis chapter for more tl'ian three hours on any given day. C. Intermittent Closure Hours: Intermittent street closures for non-emerzency prirposes shall be restricted between the hours of 7:30AM. and 3:00 PM and 4:00PM so that traffic is not disrupted during rusl'i hours. Page 2 of 6 AUG? 4 Applicability: Tliis provision applies to all types of street closures, whether for filming, construction, events, or any other purposes, that involve intermittent cIosures of streets. Limited to weekdays: The restrictions oritlined in this subsection sliall only apply to weekdays, Monday throrigh Friday. Exceptions: The City. at its discretion. may zrant exceptions to these restrictions in cases of emergency or critical utility work. Requests for exceptions must be submitted to the relevant City department or authority. ':> 128-4 Filming on public propeity not under supervision of Commissioner of Recreation; fees. [Amended 9-13-2000. approved 9-14-2000] If said filming is to be done on any public street or sidewalk or on any other public property not under the supervision of the Commissioner of Recreation, the folIowing requirements sliall also be met: Said application sliall be approved by the Commissioner of Public Works. !Cu Said application sliall be accompanied by an administrative fee of $2,000 per day for filming in tl'ie following zoned districts; CB Commercial Business District, DB Downtown Business District, NB Neighborl'iood Business District, and OF Off-ice Business District; $1,500 per day for all otlier zoning districts; and after the 7th day, fee shall be $1,000 per day. For tlie purpose of determining tlie applicable administrative fee under tliis subsection, a day shall be deemed to begin. For film shoots that include multiple locations, a location fee of $1,000 sliall be cliarged for eacl'i additional location. 1-Amcndcc'lll-13-2013. approvcc'lll-14-2013; 9-14-2(')16. approved 9-16-2016; 7-14- 2 017. ap)irovcd 7-14-2017] (a) I)crmit Rcquircmcnts and Fccs: jXlTV filminq activttv on prii'atc propcitia that necessitates tlie use of Citi' Streets or sidewalks f-or loadinc, unloading filn'iing equilin'ient, (')r parking liroduction veliicles shall i'equii'e a permit faee. Tlie [aollowing permit fees shall applv: $4.00(') pcr day for filming in business districts $3.000 pcr day for filming in non-business ciistricts $2.500 per day for each bidditional J-ilming location $1.000 per dav f-or f-iln'iing at an intersection (b) Actc'litional Categories and F'ees: Stuc'lent rion-profit and not-for-profit organizations sliall be subject to this chapter and its associated permit faees. -l-lie following fees shall apply: Application fee for students: $50 Pertnit fee for students: $75 Al':iplication fee for other eliaible organizations: $100 1)crmitfeefi'irothereligiblcorganizations: lO%oftlieirbudgct Page 3 of 6 AUGI # Eligible organizalioi'is. :is described in subsection b. i.. shall provide the C.'iha J Clerk ivith financial statements for the lirior t-iscal year and current operating budgets. l-lie permit fee for these organizations shall be calculatec"l as IO'%) of tlicir budgct. iii. l-J:u-dsl'iip Fees: Applicants vs;Jio dei'nonstrate financial limitations mav applv for hardship fees. }-iardsl'iip :ipplicants sIhall submit proofofllieir financial liardship alone vvith their application. The CiK Council sliall revietx and determine tlie appmpriate fee on a case-b'v-case basis. Subject to the discretion of tlie City Clerk, certain City-ow-ned properties will require additional rental and permit fees to be deten'nined by the City Clerk based upon tlie time, usage, and operations of such filming, within, near and about said City-owned properties. Additional permit fees for public properties n'tust be paid prirsuaiit to Chapter 170 of the Code of tlie City of Mount Vernon. Tlie Commissioner of Public Works shall be responsible for supervtsion of the area during the duration of tlie filming. Prior to the issuance of a pennit lierein, the applicant shall be required to make a deposit by casli, ceitified check or money order witli the City Clerk in an amount to be determined by tlie Commissioner of Public Works. Said deposit sliall be utilized by tlie City to reimburse tlie City for tl"ie costs it incurs in the cleaning aiid sanitation at and aborit the location of such filming. Tlie Commissioner of %blic Works sliall certify to the City Clerk the total amount of the costs incurred by the City in the cleaning and sanitation at and about the location of such filming, which costs sl'iall be deducted from such deposit and paid to the City. In the event sucli costs exceed said deposit, tlie applicant shall pay tlie difference to tlie City Clerk upon demand. In the event tl'ie deposit exceeds sucli costs, tlie City Clerk shall return the difference, without interest thereon, to the applicant. Ill the event the City incurs no costs for the cIeaning and saiiitation at and about the location of such filming, then in tl'iat event, the applicant's deposit, without interest thereon, shall be retuiwed to the applicant by the City Clerk. The Coi'nmissioner of Public Works, in his sole discretion, sliall determine the necessity and costs for said cleaning and saiiitation services at and about the ]ocation of such filming. § 128-5 Filming on public property under supezision of Commissioner of Recreation; fees. [Ainended ')-13-2000, ;ilipi'oyied Q-14-2000] A. If said filming is to be done on any priblic property under the supervision of the Commissioner of Recreation, the following requirements shall also be met: m Said application shall be approved by the Conunissioner of Recreation, after consultation and coordination with tlie City Clerk, who has lead responsibility in processing and administering all film permit requests on behalf of the City. (Amended 5-14-2014, approyied 5-15-2014] Page 4 of 6 AU6I 4 5 Said application shall be accompanied by an administrative fee of: (A One thousand five l'uindred dollars per day for any one day, or a portion thereof, of filming and $1,500 per day for eacli additional day or any portion tliereof. For purposes ofthis section, "day" shall be defined as any period of time on any given date occurring between 12:01 a.m. and 12:00 midnight. )Amended 5-74-2014, approved 5-15-2014] (k Additional permit fees for priblic propeities must be paid pursuant to Cliapter U!Q of tl'ie Code of the City of Morint Vernon. (A If City-operated lighting is required, the applicant must pay aii additional fee as determined by the Commissioner of Recreation based upon the time, usage and operation of such City-operated lighting. If an applicant desires to extend the peimit beyond tlie date(s) set out in tl"ie original application, he or she may do so by paying the additional administrative fee as calculated in Subsection Ajffl above, provided that such request for tlie extension is made witliin 14 days of the last date set out in the perniit or the last extension granted thereto, and furtlier provided tliat the insurance policy, as required by § l, is extended to cover the period of extension. B. Tlie Commissioner of Recreation sl"iall be responsible for supervision of tlie area for tl'ie duration of tlie filming. § 128-6 Payment of fees. l'Amended 9-13-200('),apBiroved9-14-2000-1 Any administration fee collected under this chapter shall be paid eitlier in cash, money order or certified clieck made payable to tlie City of Moruit Vernon. § 128-7 Issuance of permit; availability of copies. A. Upon completion of tlie application procedure by the applicant, said application shall be countersigned by the Mayor and tlie City Clerk, and a peri'nit shall issue. Said filming permit sliall issue from and be signed by the City Clerk and sliall set fotth the name of the Filmer and the location, date and time for such filming. A copy of said permit shall be forwarded to the Fire Commissioner by the City Clerk. A copy of said pei'mit shall be available for inspection by tlie Coxninissioner of Public Safety, Commissioner of Public Works or Commissioner of Recreation, or their designees, at tlie site of tl'ie filming and throughout the duration of said filming. Page 5 of 6 AUG 1 4 H')' 128-8 Cancellation or modification of permit. (,Ai-iiended 1)-)3-2000- ;ipprov.-t: '-.i,;j-2r>C)C):-!-14-2017, approved 7-14-2017-1 Sliould the applicant clioose to cancel or modify any provision of liis or lier permit prior to use, notice of sucli intent must be given to the City Clerk by 9:30 a.m. [two] business days prior to the first day named on said permit; tlie City Clerk sl'iall immediately notify all affected departments. Should this date fall on a holiday or a weekend. notice sliall be given to the City Clerk by 9:30 a.m. of the next business day. A. Failure to so notify the City Clerk with regard to a cancellation will result in the forfeiture of $250 of the administrative fee. Full retund shall be made to the applicant if proper notice is received. Failure to notify tlie City Clerk witli regard to a modification will result in the imposition of an additional administrative fee of $250. No charge sl'iall be made to modify said permit as to time or place of filming if proper notice is received. § 128-9 Waiver of provisions. A. The provisions of this chapter pertaining to insurance and payment of fees shall not apply to any depaitment of the City of Mount Ven'ion, to ai'zy group sponsored by the Board of Education of the Moru'it Vernon Scl'iool District or to any concern filming by reason of a duly executed contract between itself and the City of Mount Vernon or any department thereof. Application for a waiver of tliese provisions may be n'iade to tlie City Council, prior to filming, by aiiy nonprofit organization desiring to obtain a permit under these prOVlSlOnS. '; 128-10 Penalties for offenses. lAmendecf')-13-2000,approved9-14-20001 Any person, persons, organization, corporation or group not complying with any provision of tliis chapter shall be guilty of a violation punishable by a fine of not more than $1,000 per day or imprisonment not to exceed 15 days, or both such fine and imprisonment. Section 6: Tliis ordinance shall take effect immediately. i 2"'1 Deleted Matter ,APPROVED AS 'ajQ.FORM ADO Counsel o o ATTEST: City Clerk co 5 Date APPROVED OCL Dept. Page 6 of 6 Mayor AUO I At 2023 -it cCiAL PERMISSION TO AN ORDINANCE REQUESTING AMEND CHAPTER 227 0F THE CODE OF THE CITY OF MOUNT VERNON ENTITLED "STREETS AND SIDEWALKS - PART 1. CONSTRUCTION: SEWER CONNECTIONS, DRAINS AND WATER MAINS; OBSTRUCTIONS - ARTICLE III. STREET OPENINGS § 227-18 FEES WHEREAS, by letter dated July 27, 2023, the Commissioner of Public Works, Damani L. Bush has requested legislation to amend Chapter 227 of the Code of the City of Mount Vemon, entitled "Streets and Sidewalks - Part 1 Construction; Sewer Connection, Drains and Water Mains; Obstructions - Article III. Street Openings § 227-18 Fees. NOW, THEREFORE, The City of Mount Vemon, in City Council convened, does liereby ordain and engct: Section 1. Chapter 227, of the Code of the City of Mount Vernon, entitled "Streets and Sidewalks- Part 1 Construction; Sewer Connection, Drains and Water Mains; Obstitictions - Article III. Street Openings § 227-18 Fees" is l'iereby amended as follows: § 227-18 Fees. No pennit for street opening shall be issued by tlie Commissioner to any applicant therefor, except a public service corporation, until tlie applicant shall have first paid to the City Clerk on behalf of tlie City a fee of $350 as determined by the Con'iniissioner. A public service corporation shall be charged in accordaiice with the Fee Schedule listed below j$275 or $5.50 a running linear foot, wliichever sum is greater; provided, however, that a public service corporation sliall be cliarged $27.50 for each street opening not larger than 12 inches by six inclies made prirsuant to the utiIization of tlie keyhole metliod for inspecting and repairing gas leaks.] Said fee is to cover tlie cost of issuing and recording the permit aiid tlie supervision and inspection of the work done in connection therewith. No permit for a street opening shall be issued to a public service corporation by the Commissioner until said fees and deposits [a deposit in the amount of $275 or $5.50 a rruming linear foot, whicliever sum is greater,] lias been paid to the DPW Comi'nissioners Office or City Clerk on behalf of the City, in cash or by check payable to the City of Mount Vernon. Tlie fees listed above and, in the Pemiit, Fee Schedule below shall apply effectively as of Janriary ], 2023, and shall renew each calendar year unless amended prior tliereto in the fee and deposit schedule maintained by tlie Com+nissioner of %blic Works." PERMIT FEE SCHEDULE (TERM: 30-Days) TYPE A: Fee: $200.00 DEPOSIT: $1,000 or ($100,000 Annual Surety Bond) Curb Repair/Replace Cut & Cap Gas Service Drainage Pipe Driveway Apron Electric Service Work Hydrant Service Work Hydrant Valve Leak Manhole/Vault Opening Pull Cable - Aerial Removal of Street Signs AUG I 4 Roll Off Container/Dumpster Sidewalk Repair/Replacement 100 S0. FT & Under Streetlight Replacement Structure Inspection Test Pits Temp Sidewalk Obstruction Tree Removal/Trimming/Planting Utility Pole Replacement/Repair/Installation TYPE B: Fee: $700.00 DEPOSIT: $5,000 or ($100,000 Annual Surety Bond) Dewatering Electrical Service Installation - Underground Gas Main Valve Installation Gas Servicc Leak/Repair/Installation Pull Cable - Underground Replace Gas Service Sanitary Sewer Lateral/Repair/Replacement/Installation Scaffoldinz Sidewalk Repair/Replacement Over 100 80. FT. Sidewalk Shed / Bridge Soil Borings Storm Drain Repair /Connection Water Main Valve Installation Water Service Leak / Repair / Installation TYPE C: Fee: $2,000 DEPOSIT: $7,000 or ($100,000 Annual Surety Bond) Conduit Install/Repair / Replacement Conduit & Rolt Cabinet Installation Gas Main Repair / Replace / Installation Hydrant Replacement / Repair Manhole Installation Oversized Vehicle Removal of a Street Light Right of Way Obstruction Sanitary Sewer Installation Storm Drain Installation Vault Repair / Replacement Water Main Repair / Replace / Installation Section 2. This ordinance shall take effect upon its approval by the Board of Estimate & Contract. New matters underlined. Deleted matters in brackets [] Councilperson Appnovcoas.ro FORM THIS ORDINANCE ADOPTED BY CITY COUNCIL t Corporatiori Courisel 'S, esider;Th MX ,"/7 o o ATT58'i ; r u City Clerk iC Date o 'oO "o E! APPROVED OCLa) Dept. Mayor Page AUG I 4 AN ORDINANCE REQUESTING PERMISSION TO AMEND CHAPTER 227, OF THE CODE OF THE CITY OF MOUNT VERNON, ENTITLED "STREETS AND SIDEW ALKS - PART 1. CONSTRUCTION: SEWER CONNECTIONS, DRAINS AND W ATER MAINS; OBSTRUCTIONS - ARTICLE III. STREET OPENINGS, § 227-21. A - BONDS AND INSURANCE FOR PUBLIC- SERVICE CORPORATIONS" WHEREAS, by letter dated July 31, 2023, the Commissioner of Public Works, Dan':iani L. Bush has requested legislation to amend Chapter 227 of the Code of the City of Moru"it Vernon, entitled "Streets and Sidewalks- Part l Construction; Sewer Connection, Drains and Water Mains; Obstructions - Article III. Street Openings § 227- 21 A. Bonds and Insurance for Public-Service Corporations" NOW, THEREFORE, The City of Morint Venion, in City Council convened, hereby ordains and enacts: Section 1. Chapter 227, of the Code of the City of Mount Vernon, entitled "Streets and Sidewalks- Part 1 Construction; Sewer Connection, Drains and Water Mains; Obstructions - Aiticle III. Street Openings § 227-21 A Bonds and Insurance for Public- Service Corporations" is hereby amended as follows: § 227-21 Bonds and Insurance for Public-Service Corporations. A. A public-service corporation shall file and keep on file with the City a bond of [$25,000] , said bond to be approved as to form, amount and sufficiency of surety by the Corporation Counsel and said bond to be retaii'ied as security for the faithful perfon'nance by the applicant of all terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed. [Amended 5-13-2015, approved 5-15-2015; 6-10-2015, approved 6-12-2015] Section 2. Tliis ordinance shall take effect upon its approval by the Board of Estimate & Contract. New matter underlined Deleted matter in brackets [ ] Councilperson COUNCIL o o ATTEST: City Clerk APPROVED Dept. Mayor 7 AUGI 4 WHEREAS, by letter dated August 10, 2023, the Commissioner for the Department of Planning and Community Development has requested that City Council enact legislation that will allow said Department to provide direct financial support to eligible organizations to community-based meal providers, to ensure that food pantries impacted by COVID-19 can provide continuous service needed to address the needs of residents experiencing food insecurity; and WHEREAS, the temporary increase to SNAP benefits put in place during the COVID-19 pandemic expired. March 2023 was the first month residents had to live without the extra cash and essentials. Organizations and agencies providing free meals have since experienced hardships because the number of residents they must feed has grown, but considering these challenges organizations and city agencies continue to combat hunger in our city. With support from the American Rescue Plan Act, the City of Mount Vernon will allocate $400,000 to the following entities to expand food distribution, as follows: WHEREAS, the goal is to ensure the of services expansion and continuity through eligible organizations and agencies to support low-income individuals and families recovering from the effects of the pandemic; NOW, THEREFORE, The City of Mount Vernon, in City Council convened does hereby ordain and Section 1. Permission is hereby granted for the Department of Planning and Community Development to provide direct financial support to eligible organizations to community-based meal providers, to ensure that food pantries impacted by COVID-19 can provide continuous service needed to address the needs of residents experiencing food insecurity Section 2. Funds for the aforesaid are available through the American Rescue Plan Act A6774.458. Section 3. This ordinance shall take effect upon its approval by the Board of 0 U}ffi o o AU6 l't AN ORDINANCE REQUESTING PERMISSION FOR THE COMPTROLLER TO ISSUE A REQUEST FOR PROPOSAL ("RFP") FOR BANKING INSTITUTIONS TO SERVE AS UNDERWRITERS OF SHORT-TERM DEBT WHEREAS, by letter dated August 7, 2023, the Comptroller has requested that the City Council enact legislation authorizing the Comptroller to issue a Request for Proposals ("RFP") for banking institutions to serve as underwriter of short-term debt to be issued by the City; and WHEREAS, the City will issue the debt, also known as bond anticipation notes ("BAN's") to fiind various capital projects and improvements within the City. The notes wiII have a term of one year, at which point the City will have the option to renew the principal amount for an additional year or convert to long-term bonds, after paying interest on the maturing notes,, and WHEREAS, while the loss of our credit rating limits our options to access the capital market, it does not eliminate the possibility. Typically, the City would finance its debt through a "competitive sale" process and closed auction bidding. However, due to the lack of recent audited financial statements, the City has limited access to the capital markets. With the "negotiated sale" process that is being proposed, the underwriter is selected ahead of time and assists the City directly with the sale of the debt,whichwillnotberated. Asaresult,theCity'smunicipaladvisor,CapitalMarkets Advisors, LLC, has recommended this RFP and a negotiated sale process as the most prudent avenue for financing these necessary improvements. Under current market conditions, it is anticipated that the internet rate on the notes will be below 5.00o/o; and WHEREAS, in 2017, the City authorized bond issuances in the amount of $4,577,960 for several capital projects (see attached), which were never fully executed. Some of these projects remain priorities of the City, in addition to others that are under consideration by the Capital Projects Board. Access to funding is critical to advancing these priorities. Therefore, to ascertain our potential for alternative funding, I request your approval to issue the enclosed RFP for banking institutions to serve as underwrites of short-term debt; NOW, THEREFORE, The City of Mount Vernon, in City Council convened, does hereby ordain and enact: Section 1. Permission is hereby granted to the Comptroller to issue a Request for Proposals ("RFP") for banking institutions to serve as underwriter of short-term debt to be issued by the City. Section 2. This ordinance shall take effect upon its approval by the Board of o o City Clerk APPROVED Oaal Dept. Mayor

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