City Council
Regular MeetingMount Vernon, NY · August 14, 2023
Minutes
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
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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.
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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)
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APPROI/'ED
415,2023
Date
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APPROVED
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Dept.
Mayor
AU6 i 4
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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.
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APPROVED AS TO FORM ORDINANCE
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Date
APPROVED
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Dept.
Mayor
AUGI 4
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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 [ ]
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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
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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
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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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