Committee of the Whole Session, Tuesday, March 16,

Committee of the Whole Session, Tuesday, March 16, 2010 1 CITY COUNCIL AGENDA CITY HALL, 515 NORTH AVENUE CITY OF NEW ROCHELLE COMMITTEE OF THE WHOLE SESSION Tuesday, MARCH 16, 2010 3:45 P. M. ==================================================================== 3:45 P. M.-4:15 P. M. New Rochelle Industrial Development Agency (IDA) 4:15 P. M.-4:20 P. M. Howard Rattner, Commissioner of Finance Re: 2010 Budget Review 7:00 P. M. 7:30 P. M. Telecommunications and Cable Advisory Committee ==================================================================== 7:30 P. M. PRESENTATION BARBARA SINGER, WIFE OF CRAIG KING, FORMER COMMISSIONER OF DEVELOPMENT PUBLIC HEARING(S) THIS EVENING: PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: CITY CHARTER APPOINTING AUTHORITY PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: ZONING CHAPTER 331 TATTOO PARLORS 8:00 P. M. CITIZENS TO BE HEARD 1. COMMENDATION(S):

Committee of the Whole Session, Tuesday, March 16, 2010 2 PUBLIC HEARING(S) THIS EVENING: PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: CITY CHARTER APPOINTING AUTHORITY (Intro. 2/2/10; Public Hearing 3/16/10) 2. Communication dated January 22, 2010 from Omar T. Small, Assistant to the City Manager, wherein he recommends that the City Manager be given the authority to appoint and/or remove the Civil Service Administrator, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 2.1. Local Law, Intro. No. 1, to amend Section 174 of the Charter of the City of New Rochelle, Secretary and Employees. PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: ZONING CHAPTER 331 TATTOO PARLORS (Intro. 2/2/10; Public Hearing 3/16/10) 3. Communication dated January 20, 2010 from Edward Lynch, Director of Planning, wherein he recommends that a Public Hearing to consider proposed legislation permitting tattoo parlors in certain locations and subject to Special Permit conditions, be held, and that the matter be referred to the City and County Planning Boards, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 3.1. Communication dated March 2, 2010 from Michael Freimuth, Commissioner of Development, prepared by Edward Lynch, Clerk to the Planning Board, wherein he advises that the Planning Board, at its meeting held on Tuesday, February 23, 2010, approved the proposed amendment, forwarded by Charles B. Strome, III, City Manager. Proposed Amendment: 3.1.1. Ordinance amending Section 331-4 (Specific Terms Defined); Section 331-47 (Downtown Mixed Use District); Section 331-48 (Downtown Mixed Use Urban Renewal District); Section 331-55 (C-1M General Commercial Modified District); Section 331-57 (Downtown Business District) and 331-87 (Approving Agencies) and adding Section 331-110, Tattoo Parlors, to Chapter 331 (Zoning) of the Code of the City of New Rochelle and repealing Section 286-1 (Prohibition) and Section 286-2 (Penalties for Offenses) of the City Code.

Committee of the Whole Session, Tuesday, March 16, 2010 3 PUBLIC HEARING(S) THIS EVENING (cont d.) Negative Declaration: 3.2. Resolution issuing a Negative Declaration of Environmental Significance Under the Regulations Promulgated by the New York State Department of Environmental Conservation and directing compliance with same regarding amending Section 331-4 (Specific Terms Defined); Section 331-47 (Downtown Mixed Use District); Section 331-48 (Downtown Mixed Use Urban Renewal District); Section 331-55 (C-1M General Commercial Modified District); Section 331-57 (Downtown Business District); and 331-87 (Approving Agencies); and adding Section 331-110, Tattoo Studios, to Chapter 331 (Zoning) of the Code of the City of New Rochelle, and repealing Section 286-1 (Prohibition) and Section 286-2 (Penalties for Offenses) of the New Rochelle City Code. DEPARTMENT OF DEVELOPMENT: NORTH AVENUE PROPOSED ACCEPTANCE OF FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT 4. Communication dated February 25, 2010, from Michael Freimuth, Commissioner of Development, wherein he recommends that the City Council accept the FGEIS Notice of Completion and approve the North Avenue Zoning Findings Statement in April, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 4.1. Resolution issuing a Notice of Completion for the Final Generic Environmental Impact Statement regarding the creation and mapping of a proposed North Avenue (NA) Zoning District, related text and Map changes, and amendments to the Comprehensive Plan of the City of New Rochelle and the Lincoln Avenue Urban Renewal Plan. REQUEST FOR PUBLIC HEARING RE: REPROGRAM OF PRIOR YEAR CDBG BALANCES LINCOLN POOL RESTROOMS (Intro. 3/16/10; Public Hearing Tuesday, April 13, 2010, at 7:30 P. M.) 5. Communication dated February 24, 2010 from Joan McCallion, Operations Manager, Department of Development, wherein she recommends that the sum of $17,835 for funding of the Lincoln Pool restroom renovations be considered and that the City s 2010 Budget, the 2006 and 2007 Action Plans, and the 2003-2009 Consolidated Plans be amended accordingly, subsequent to the required Public Hearing, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 5.1. Resolution directing Public Hearing relative to the re-program of 2009 CDBG Funds to be used for the renovation of the Lincoln Pool restrooms and required amendments to the 2006 and 2007 Action Plans in addition to the 2003-2007 Consolidated Plan, including related Budget amendments..

Committee of the Whole Session, Tuesday, March 16, 2010 4 DEPARTMENT OF DEVELOPMENT: PROPOSED AWARD OF HOME FUNDS TO THE SHILOH SENIOR HOUSING PROJECT 25-29 KRESS AVENUE (Intro. 3/16/10; Public Hearing ) 6. Communication dated February 25, 2010 from Joan McCallion, Operations Manager, wherein she advises that staff recommends that the Shiloh Senior Housing Project at 25-29 Kress Avenue be funded in the amount of $1 million through the reprogramming of monies from certain HOME funds, and that a Public Hearing relative to the proposal be scheduled, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 6.1. Ordinance amending Ordinance No. 239 of 2009, the Budget of the City of New Rochelle for 2010, relative to the reprogram of 2008 and 2010 HOME funds to fund the Shiloh Senior Housing project. 6.1.1. Resolution directing Public Hearing at 7:30 P. on. PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLE RE: VARIOUS PARKING CHANGES RECOMMENDED BY THE BUSINESS IMPROVEMENT DISTRICT (B.I.D. S) PARKING TASK FORCE 7. Communication dated March 1, 2010 from Michael Freimuth, Commissioner of Development, wherein he recommends that the proposed amendments submitted by the Downtown Parking Task Force be adopted, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 7.1. Ordinance amending Section 312-85, Schedule XIV: Time Limit Parking, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle (Time Limit Parking). 7.1.1. Ordinance amending Section 312-62, Parking Lots, Section 312-63, Church- Division Parking Garage, and Section 312-64, Municipal Parking Garage, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle.

Committee of the Whole Session, Tuesday, March 16, 2010 5 PROPOSED AMENDMENT TO HERTZ LICENSE AGREEMENT RE: NEW ROCHELLE TRANSIT CENTER 8. Communication dated February 25, 2010 from Joan McCallion, Operations Manager, wherein she recommends that the City Council authorize an amendment to the City s License Agreement with the Hertz Corporation to allow for the two options to extend the agreement for an additional five years upon mutual consent, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 8.1. Resolution authorizing the City Manager to enter into a license agreement with the Hertz Corporation for use and occupancy of office space and parking spaces at the New Rochelle Transit Center. PROPOSED AGREEMENT WITH ARTISTIC SERVICES, INC. RE: MURALS THE ARMORY 9. Communication (to follow). 9.1. Resolution (to follow). PROPOSED AMENDMENT TO ZONING CODE, CHAPTER 331 RE: PETITION BY EQUITY LAND DEVELOPERS - DEVELOPMENT OF 32 BURLING LANE (Intro. 3/16/10; Public Hearing ) 10. Communication dated March 5, 2010 from Michael Freimuth, Commissioner of Development, and Edward Lynch, Director of Planning, relative to petition by Equity Land Developers, LLC, for the creation of a new Floating Zone (NB-Transit Oriented Floating Zone) to permit the development of a 30 unit market rate residential facility at 32 Burling Lane, and wherein they recommend that the City Council assume Lead Agency and that a Public Hearing be scheduled, forwarded by Charles B. Strome, III, City Manager, with appropriate legislation for consideration. Lead Agency 10.1. Resolution declaring Lead Agency status relative to the proposed Ordinance amending Section 331-5, Enumeration of Districts, adding a new Section 331-80.2, NB-TOFZ (Transit Oriented Floating Zone), to Chapter 331 of the Code of the City of New Rochelle and the application of such floating zone to replace the existing Neighborhood Business Zone with respect to the properties on Burling Lane (Block 1204, Lots 28, 28A and 30) ( Proposed Project ).

Committee of the Whole Session, Tuesday, March 16, 2010 6 DEPARTMENT OF DEVELOPMENT: (Cont d.) Proposed Amendment: 10.2. Ordinance amending Section 331-5, Enumeration of Districts, adding a new Section 331-80.2, NB-TOFZ (Transit Oriented Floating Zone), to Chapter 331 of the Code of the City of New Rochelle and the application of such floating zone to replace the existing Neighborhood Business Zone with respect to the properties on Burling Lane (Block 1204, Lots 28, 28A and 30) ( Proposed Project ). 10.2.1. Resolution directing Public Hearing at 7:30 P. M. on. PROPOSED AMENDMENT TO ZONING CODE, CHAPTER 331 RE: VARIOUS ZONING CHANGES (Intro. 3/16/10; Public Hearing ) 11. Communication dated March 5, 2010 from Michael Freimuth, Commissioner of Development, wherein he recommends certain amendments to the Zoning Code, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. Lead Agency: 11.1. Resolution declaring Lead Agency status relative to the proposed Ordinance amending Section 331-126, Off-Street Parking and Loading Space Requirements, amending Section 331-4, Specific Terms Defined, and amending Section 331-14 of Chapter 331, Zoning, of the Code of the City of New Rochelle. Proposed Amendment: 11.2. Ordinance amending Section 331-126, Off-Street Parking and Loading Space Requirements, amending Section 331-4, Specific Terms Defined, and amending Section 331-14 of Chapter 331, Zoning, of the Code of the City of New Rochelle. 11.2.1. Resolution directing Public Hearing at 7:30 P. M. on.

Committee of the Whole Session, Tuesday, March 16, 2010 7 DEPARTMENT OF FINANCE: PROPOSED AMENDMENT TO 2009 BUDGET RE: FINAL BUDGET ADJUSTMENTS SECTION 8 HOUSING FUND 12. Communication dated March 1, 2010 from Howard Rattner, Commissioner of Finance, wherein he recommends that the FY 2009 Budget be amended relative to the Section 8 Housing Fund, with no net impact on the 2009 Budget, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 12.1. Ordinance amending Ordinance No. 244 of 2008, the Budget of the City of New Rochelle for 2009, relative to the Section 8 Housing Fund. PROPOSED AMENDMENT TO 2010 BUDGET RE: CARRYOVER GRANTS AND PROGRAMS 13. Communication dated February 25, 2010 from Howard Rattner, Commissioner of Finance, wherein he recommends that the City Council authorize the re-appropriation of remaining balances of program revenue and expenditures to the 2010 Budget Year, a bookkeeping adjustment, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 13.1. Ordinance amending Ordinance No. 239 of 2009, the Budget of the City of New Rochelle for 2010, relative to carryover grants and programs. DEPARTMENT OF PUBLIC WORKS: PROPOSED AMENDMENT TO CODE OF THE CIYY OF NEW ROCHELLE RE: STOP SIGN-INTERSECTION OF CROFT TERRACE AND OVERHILL ROAD 14. Communication dated March 5, 2010 from Jeffrey C. Coleman, PE, Commissioner of Public Works, wherein he recommends, based upon investigation by the Traffic Engineer, that two Stop controlled approaches to the above-noted intersection be installed, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 14.1. Ordinance amending Section 312-79 (Schedule VIII: Stop Intersections) of Chapter 312 (Vehicles and Traffic) of the Code of the City of New Rochelle (Croft Terrace and Overhill Road) CONFIRMING LEAD AGENCY AND DECLARING NEGATIVE DECLARATION RE: YARD WASTE TRANSFER STATION - 85 BEECHWOOD AVENUE 15. Communication dated March 4, 2010 from Jeffrey C. Coleman, PE, Commissioner of Public Works, wherein he recommends that the City Council declare itself Lead Agency and that the City Council authorizes the issuance of a Negative Declaration of Environmental Significance,

Committee of the Whole Session, Tuesday, March 16, 2010 8 forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 15.1. Communication dated March 2, 2010 from Michael Freimuth, Commissioner of Development, prepared by Edward Lynch, Clerk to the Planning Board, wherein he advises that at its meeting held on Tuesday, February 23, 2010, the Planning Board stated that it has no objection to the City Council assuming Lead Agency, forwarded by Charles B. Strome, III, City Manager. 15.1.1. Resolution confirming the City Council as Lead Agency Under the Regulations Promulgated by the New York State Department of Environmental Conservation and issuing a Negative Declaration of Environmental Significance in relation to the proposed construction of a Yard Waste Transfer Station at 85 Beechwood Avenue. PROPOSED AWARD OF CONTRACT RE: DEMOLITLION OF CITY-OWNED BUILDING AT 85 BEECHWOOD AVENUE 16. Communication (to follow. Bids due on Thursday, March 11, 2010). 16.1.Resolution (to follow). PROPOSED AMENDMENT TO 2010 BUDGET RE: EMERGENCY ELECTRICAL REPAIR CITY HALL 17. Communication dated March 2, 2010 from Jeffrey C. Coleman, PE, Commissioner of Public Works, wherein he advises of the electrical failure in the electrical vault outside of the night entrance to City Hall and the temporary measures to repair the system, and recommends that the 2010 Budget be amended to cover the cost of repairs, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. 17.1. Ordinance amending Ordinance No. 239 of 2009, the Budget of the City of New Rochelle for 2010, and accepting the lowest bid of Circle D Electric for the emergency repair of the City Hall electrical system. PROPOSED AGREEMENT WITH THE COLLEGE OF NEW ROCHELLE AND THE SOUND SHORE MEDICAL CENTER RE: FEDERAL HIGH PRIORITY PROJECT GRANTS 18. Communication dated March 2, 2010 from Jeffrey C. Coleman, PE, Commissioner of Public Works, wherein he recommends that the City Manager be authorized to enter into contracts with the College of New Rochelle and the Sound Shore Medical Center to administer their grants, to bid and award certain contracts, to process the appropriate payments, and to seek reimbursement from the NYSDOT, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration.

Committee of the Whole Session, Tuesday, March 16, 2010 9 DEPARTMENT OF PUBLIC WORKS (cont d) : 18.1. Resolution authorizing the City Manager to enter into contracts with the College of New Rochelle and Sound Shore Medical Center to administer grants, bids, and award contracts and to seek reimbursement from the New York State Department of Transportation ( NYSDOT ) relative to Federal High Priority Projects. LAW DEPARTMENT: PROPOSED SETTLEMENT OF LAWSUIT(S) 19. Resolution (to follow). CITY MANAGER: PERMIT FOR TEMPORY SIGNS RE: NEW ROCHELLE OPERA COMPANY PUCINI S TURANDOT 20. Communication dated February 22, 2010 from Charles B. Strome, III, City Manager, wherein he recommends that the request from the New Rochelle Opera Company for permission to erect a temporary sign for the above production on June 24, 25, 26, and 28, 2010, which has been approved by the Municipal Art Commission, be granted, forwarded with legislation for consideration. 20.1. Resolution authorizing the use of two (2) City traffic islands for the erection of temporary signs by the New Rochelle Opera Company announcing the production of the Turandot Opera at the Ursuline Performing Arts Center on June 24, 25, 26, and 28, 2010. PROPOSED AMENDMENT TO CODE OF THE CITY OF NEW ROCHELLEL RE: ARTICLE I, CHAPTER 16 CITY COUNCIL S RULES AND REGULATIONS 21. Ordinance amending Section 16-1, Meetings, of Chapter 16, City Council, of the New Rochelle City Code. CITY COUNCIL: PROPOSED LOCAL LAW, INTRO. NO. 2 RE: COLD WAR VETERANS PROPERTY TAX EXEMPTION (Intro. 3/16/10; Public Hearing ) 22. Communication dated February 23, 2010 from Howard Rattner, Commissioner of Finance, wherein he advises that Section 458-b of the New York State Real Property Law (RPTL) permitting counties, cities, towns and villages to enact local laws to exempt from property taxation for a ten-year period and under certain conditions, a portion of the assessed valuation of residential property owned by a Cold War veteran, has been amended, forwarded by Charles B. Strome, III, City Manager, together with legislation for consideration.

Committee of the Whole Session, Tuesday, March 16, 2010 10 CITY COUNCIL (cont d): 22.1. Local Law, Intro. No. 2, amending Chapter 288, Taxation, of the New Rochelle City Code, by amending Section 288-30, Amount of Exemption; Limitations, with regard to the Cold War Veterans Real Property Tax Exemption. Sponsored by Mayor Bramson 22.1.1. Resolution directing Public Hearing at 7:30 P. M. on. Sponsored by Mayor Bramson SUPPLEMENTAL ITEM(S): PROPOSED AMENDMENT TO 2010 BUDGET RE: AWARD OF FEDERAL 2009 FIRE ACT GRANT Suppl. 23. Communication dated March 9, 2010 from Raymond F. Kiernan, Fire Commissioner, wherein he recommends that the 2010 Budget be amended in order to accept the grant award and appropriate the City s matching funds for the purchase of personal protective gear and thermal imaging cameras, forwarded with approval of Charles B. Strome, III, City Manager, noted thereon, and appropriate legislation for consideration. Suppl. 23.1. Ordinance accepting a Federal 2009 Fire Act Grant in the amount of $124,080 to purchase personal protective gear and thermal imaging cameras for the Fire Department, amending Ordinance No. 239 of 2009, the Budget of the City of New Rochelle for 2010, and appropriating funds therefor. UNFINISHED BUSINESS NEW BUSINESS MARCH, 2010 Regular Legislative Meeting: Tuesday, March 23, 2010, at 7:00 P. M. (fourth Tuesday) APRIL, 2010 Committee of the Whole Session: Tuesday, April 13, 2010, at 3:45 P. M. Regular Legislative Meeting: Tuesday, April 20, 2010, at 7:00 P. M. DISCUSSION ITEMS:

Committee of the Whole Session, Tuesday, March 16, 2010 11 REQUESTED BY STAFF: a. Motion To Enter Into Executive Session Re: Personnel; and Litigation Requested by City Manager b. Petition Lawn Avenue Homes Communication dated January 21, 2010 from Joan McCallion, Operations Manager, Department of Development, wherein she advises that staff recommends that the Lawn Avenue Townhome senior units remain as per City Council s original desire to limit the rental of basement apartments to senior citizens, forwarded by Charles B. Strome, III, City Manager. Requested by Operations Manager c. Requests for Qualifications (RFQs) Main Street Core Development (formerly Church-Division); and Transit Central Redevelopment (formerly Garden Street) sites Communication dated March 1, 2010 from Michael Freimuth, Commissioner of Development, with attached copies of draft RFQs, forwarded by Charles B. Strome, III, City Manager. Requested by Commissioner of Development d. Full Service Vehicle Leasing Communication dated March 8, 2010 from Jeffrey C. Coleman, PE, Commissioner of Public Works, wherein he recommends that over a five year period, a total of 60 (sixty) new, nonemergency full-service leased vehicles be phased in as a cost saving measure, forwarded by Charles B. Strome, III, City Manager. Requested by Commissioner of Public Works REQUESTED BY CITY COUNCIL: a.a. Proposed City Charter Revisions Requested by Council Member St. Paul