White Plains Urban Renewal Agency

AN ORDINANCE TO AMEND CHAPTER 4-23-12 THROUGH 4-23-14 OF THE WHITE PLAINS MUNICIPAL CODE WITH RESPECT TO SMALL WIRELESS FACILITIES. Section 1. Chapter 4-23-12 of the White Plains Municipal Code is hereby amended by to read as follows: 4-23-12. Preferred locations for small wireless facilities and notice requirements. (a) To the extent technically feasible, small wireless facilities should be located first in industrial districts, secondly in business districts and last in residential districts; (b) No new small wireless facilities, as defined in 47 C.F.R. §1.6002(1), shall be approved unless the applicant can establish that failure to approve such an application would violate federal or state law. ([b]c) To the extent technically feasible, no small wireless facilities as defined in 47 C.F.R. §1.6002(1) shall be located in the Front Facade Area of a residential structure, any public, private and/or state-chartered preschool, elementary school, or secondary school, daycare center or nursing home or use (“Front Facade Area” being the area of the public right-of-way directly in front of any of the aforementioned structures, identified by drawing a perpendicular line from each corner of the structure to the public right-of-way) but rather, if required, such facilities shall be located at the intersecting point of the front and side property lines due to the potential for fire or pole failure; 15 ([c]d) In order to ensure and maintain the safety, property values and aesthetic qualities of White Plains streets and neighborhoods, the following setback provisions shall apply: (i) industrial and business districts, a minimum of 25 feet from the nearest structure; and (ii) residential districts, a minimum of 250 feet from the nearest structure; ([c]e) Notwithstanding the preferences in subsections a, [and] b, c and d hereof, the Commissioner of Public Works may approve the location of a small cell wireless facility wherever necessary to meet the Applicant’s network service needs, reduce the facilities aesthetic impact or prevent a violation of law. ([d]f) The Applicant shall provide notice of an application for a small wireless facility to the owners of property, if any, located within 500 feet of the proposed small wireless facility. Such notice, written in a factual manner, devoid of marketing promotion and approved by the Commissioner of Public Works, shall be sent by certified mail within five (5) days of filing for approval from the City which notice shall indicate (i)that the application is being considered by the Commissioner of Public Works and, if traffic poles are being utilized, by the Deputy Commissioner of Parking for Transportation, (ii) that the Commissioner(s) may consider whether a nearby location might have less of an aesthetic impact and be a safer location as well as the necessity of a general location to provide adequate service coverage for the Applicant’s network and (iii) all comments should be promptly emailed to DPWadmin@whiteplainsny.gov within 15 days of the mailing of the notice. For informational purposes only, the Commissioner of Public Works shall post a list of the date filed and lproposed location of all pending applications on the Department of Public Works page the the City of White Plains website (https://www.cityofwhiteplains.com). Section 2. Chapter 4-23-13 of the White Plains Municipal Code is hereby to read as follows: 4-23-13 Liability Insurance All franchise agreements for small wireless facilities as defined in 47 C.F.R. §1.6002(1) shall provide general liability insurance in the amount specified in the franchise agreement without a pollution exclusion, or with a separate policy for pollution liability covering any solid, liquid, gaseous or thermal pollutant, irritant or contaminant including but not limited to artificially produced electric fields, magnetic fields, electromagnetic fields and all artificially produced ionizing and non-ionizing radiation in the required amount(s), or in the event that franchisee cannot obtain general liability insurance without a pollution exclusion or a pollution liability policy, the franchisee may supply self-insurance, so long as the net worth of the party electing to self-insure shall exceed Fifty Million Dollars ($50,000,000.00) in Constant Dollars, upon the following terms: a.. If the franchisee elects to self-insure for this risk, which would otherwise be covered by third party insurance required to be maintained hereby if such party had not elected to so self-insure, occurs: (1) with respect to a commercial general liability insurance claim that would be covered except for the pollution exclusion clause of the commercial general  liability policy, the self-insuring party shall undertake the defense of any such claim, including a defense of the other party, at the sole cost and expense of the self-insuring party; (2) the self-insuring party shall use its own funds to pay any claim or otherwise provide the funding which would have been available from insurance proceeds but for the election to self-insure (and this item (2) shall not be construed in any manner to prevent or restrict the self-insuring party from pursuing any claim against any party, except the other party and the other party's Indemnified Parties, with respect to such claim after the self-insuring party has paid the claim); (3) since the franchise agreements require the City to be named as an additional insured, the self-insuring party shall have the same fiduciary duties to the other party that the self-insuring party's third party insurer would have had to the other party if (i) such third party insurer was providing such insurance and (ii) such third party insurer had named the other party as an additional insured with respect to such insurance; (4) the claim shall be treated as an insured claim hereunder, and (5) the expiration or termination of the franchise agreement or any default by the other party hereunder shall not terminate or otherwise affect the obligation of the self- insuring party to provide, through such self-insurance, the insurance coverage the self- insuring party would otherwise be required to obtain from a third party insurer hereunder. Section 3. Chapter 4-23-14 of the White Plains Municipal Code is hereby amended to read as follows: 4-23-14 Testing of small wireless facilities (a) All Small Wireless Facilities as defined in 47 C.F.R. §1.6002(1) operating in the City, whether pursuant to a franchise with the City or any other legal means shall at all times be operated in compliance with the RF standards established by the Federal Communications Commission. These RF safety standards shall apply to the aggregate emissions of co-located and nearby facilities not just the emissions of a single antenna. (b) Any provider operating a Small Wireless Facility pursuant to a franchise (“Franchisee”) with the City shall document such RF compliance at times of installation by means of a report to the Commissioner of Public Works of such compliance. (1) The report shall be in a format acceptable to the Commissioner of Public Works prepared by a RF engineer showing that all installations are in compliance with the applicable, mandatory guidelines of the Federal Communications Commission (“FCC”) including those related to radio frequency (“RF”) emissions and shall be submitted to the Commissioner within 10 days of activation of the facility If the provider fails to supply a satisfactory report within said time period to the Commissioner, the Commissioner may require the provider to deactivate the facility until a satisfactory report showing compliance is submitted.. (c) All Franchisees shall be also deposit funds, in an amount established by the Commissioner of Public Works into an escrow account These funds shall be used for the exclusive purpose to allow the Commission of Public Works to retain a qualified independent testing firm to periodically verify that all Small Wireless Facilities are operating within the FCC’s RF exposure levels. On no less than an annual basis, Franchisee shall replenish the escrow account to be at the required levels to ensure such testing capability. (d) In the event that the independent testing firm finds any Small Wireless Facility of a Franchisee not to be in compliance with the FCC’s standards then: (1) Commissioner of Public Works will serve a notice of non-compliance upon Franchisee at the Emergency Contact found in the franchise agreement; (2) Upon receipt of notice, Franchisee shall cease operation of that Small Wireless Facility (except for testing purposes) until it can document to the Commissioner of Public Work’s satisfaction that the device is operating in compliance with the FCC’s standards; and (3) Franchisee, within thirty (30) days of the above notice of non-compliance shall provide a report signed by a RF engineer that all of the Franchisee’s other small wireless facilities are operating within FCC guidelines. (4) Failure to comply with Subsection (d) (2) & (3) above could result in the suspension or loss of Franchisee’s permission to operate in the City or portions thereof. Section 4. This ordinance shall take effect immediately. Material to be added [Material to be deleted]  INVESTMENT POLICY CITY OF WHITE PLAINS, NEW YORK APRIL 3, 2023 I. SCOPE This Investment Policy applies to all moneys and other financial resources available for investment of the City of White Plains, New York (City), or held by the City on behalf of any other entity or individual. II. OBJECTIVES The primary objectives of the City’s investment activities are, in priority order, • to conform with all applicable federal, state and other legal requirements (legal); • to adequately safeguard principal (safety); • to provide sufficient liquidity to meet all operating requirements (liquidity); and, • to obtain a reasonable rate of return (yield). III. DELEGATION OF AUTHORITY The Common Council’s responsibility for administration of the investment program is delegated to the Commissioner of Finance, who shall establish written procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a database or records incorporating description and amounts of investments, transaction dates, and other relevant information, and regulate the activities of subordinate employees. IV. PRUDENCE All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the City. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. They shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. They shall refrain from undertaking personal investment transactions with the same individual(s) with which business is conducted on behalf of the City. City of White Plains, NY Investment Policy (revised April 3, 2023) Page 1 of 6 V. DIVERSIFICATION It is the policy of the City to diversify its deposits and investments by financial institution, by investment instrument, and by maturity. VI. INTERNAL CONTROLS All moneys collected by any officer or employee of the City shall be transferred to the Department of Finance within two business days of receipt, or within the time period specified by law, whichever is shorter. The Commissioner of Finance is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management’s authorization, recorded properly, and managed in compliance with applicable laws and regulations. VII. AUTHORIZED DEPOSITORIES, FINANCIAL INSTITUTIONS, AND DEALERS A list of depositories, financial institutions, and dealers authorized for the deposit and investment of monies and the maximum amount of combined deposits or investments to be held at any time by such depositories, financial institutions, and dealers is found in Appendix A attached as part of this Investment Policy. This list may be amended from time to time to reflect market changes and/or ensure compliance with laws, rules, regulations, and this Investment Policy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the City. Security dealers not affiliated with a bank shall be required to be classified as primary government securities dealers reporting to the Government Securities Dealers Statistics Unit of the Federal Reserve Bank of New York. The Commissioner of Finance is responsible for evaluating the financial position and maintaining the list of depositories, trading partners, and custodians. Such listing shall be evaluated at least annually. All authorized depositories, financial institutions, and dealers must at all times be creditworthy. Banks must have a BauerFinancial, Inc. rating of at least four stars. Bank ratings will be reviewed at least annually. To the extent that it is practical, the City will strive to invest with institutions that have a presence in the City. City of White Plains, NY Investment Policy (revised April 3, 2023) Page 2 of 6 VIII. COLLATERALIZING OF DEPOSITS In accordance with the provisions of General Municipal Law §10, all deposits of the City, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured: 1. A pledge of “eligible securities” with an aggregate “market value” as provided by General Municipal Law §10, that is at least equal to the aggregate amount of deposits from all officers of the City. See Appendix A to this Investment Policy for a listing of “eligible securities”. 2. A pledge of a pro rata portion of a pool of eligible securities, having in the aggregate a market value at least equal to the aggregate amount of deposits from all officers of the City at the bank or trust company. 3. An “eligible surety bond” payable to the City for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims-paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. The City’s Corporation Counsel shall approve the terms and conditions of the surety bond. 4. An eligible “letter of credit” payable to the City as security for the payment of 140% of the aggregate amount of deposits and the agreed upon interest, if any. An “eligible letter of credit” shall be an irrevocable letter of credit issued in favor of the City for a term not to exceed 90 days by a qualified bank, other than the bank where the secured money is deposited. A qualified bank is either one whose commercial paper and other unsecured short-term debt obligations (or, in the case of a bank which is the principal subsidiary of a holding company, whose holding company’s commercial paper and other unsecured short-term debt obligations) are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or one that is in compliance with applicable federal minimum risk-based capital requirements. 5. An “irrevocable letter of credit” issued in favor of the City by a federal home loan bank whose commercial paper and other unsecured short-term debt obligations are rated in the highest category by at least one nationally recognized statistical rating organization, as security for the payment of 100% of the aggregate amount of deposits and the agreed-upon interest, if any. 6. Any other form of securitization in accordance with General Municipal Law §10. IX. SAFEKEEPING AND COLLATERALIZATION Eligible securities used for collateralizing deposits shall be held by a third party bank or trust company, subject to security and custodial agreements. The security agreement shall provide that eligible securities are being pledged to secure City deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the City of White Plains, NY Investment Policy (revised April 3, 2023) Page 3 of 6 securities may be sold, presented for payment, substituted or released and the events which will enable the City to exercise its rights against the pledged securities. In the event that the securities are not registered or inscribed in the name of the City, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the City or its custodial bank. The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the City, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the City a perfected interest in the securities. X. PERMITTED INVESTMENTS As authorized by General Municipal Law §11, the City authorizes the Commissioner of Finance to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments: • Special time deposit accounts; • Certificates of deposit; • Obligations of the United States of America; • Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America; • Obligations of the State of New York; • Obligations issued pursuant to Local Finance Law §24.00 or §25.00 (with approval of the State Comptroller) by any municipality, school district or district corporation other than the City. All investment obligations shall be payable or redeemable at the option of the City within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the City within two years of the date of purchase. XI. PURCHASE OF INVESTMENTS The Commissioner of Finance is authorized to purchase investments: City of White Plains, NY Investment Policy (revised April 3, 2023) Page 4 of 6  1. Directly, including through a repurchase agreement, from an authorized financial institution or dealer. 2. By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller, Opinion No. 88-46, and the specific program has been authorized by the Common Council. A list of cooperative investment programs authorized by the Common Council is found in Appendix A attached as part of this Investment Policy. 3. By utilizing an ongoing investment program with an authorized trading partner pursuant to a contract authorized by the Common Council. All purchased obligations, unless registered or inscribed in the name of the City, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Commissioner of Finance by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law §10. The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the City, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the City a perfected interest in the securities. XII. REPURCHASE AGREEMENTS Repurchase agreements are authorized subject to the following restrictions: • All repurchase agreements must be entered into subject to a Master Repurchase Agreement. • Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers. • Obligations shall be limited to obligations of the United States of America and obligations of agencies of the United States of America where principal and interest are guaranteed by the United States of America. • No substitution of securities will be allowed. • The custodian shall be a party other than the trading partner. City of White Plains, NY Investment Policy (revised April 3, 2023) Page 5 of 6 APPENDIX A List of Authorized Depositories, Financial Institutions, and Dealers Maximum BauerFinancial Inc. Name Deposits Star Rating1 Bank of America, NA $75 Million **** JPMorgan Chase Bank, NA $75 Million ***** Webster Bank, NA $75 Million ***** Flagstar Bank NA $75 Million ***** Orange Bank & Trust Co. $75 Million ***** 1 BauerFinancial Inc. star ratings March 15, 2023 (https://www.bauerfinancial.com/star-ratings/) List of Authorized Cooperative Investment Programs New York Cooperative Liquid Assets Securities System (NYCLASS) New York Liquid Asset Fund (NYLAF) City of White Plains, NY Investment Policy (revised April 3, 2023) Page 6 of 6