City of New Rochelle, N.Y. Dis! Member Yeas

Introduced On: //;v (1s- . Introduced By:

Held:

Adopted:

No.

Moved: {and} Seconded:

Approved As To Form:

SUBJECT } OR

TITLE

111 Trangucci

2nd Tarantino

Jrd Rice

41h Hyden

51h Fertel

6" Rackman

Mayor Bramson

CorporaHon Counsel

RESOLUTION APPROVING THE APPOINTMENT OF DAVID BLUMENTiiAL TO THE LOCAL ETillCS BOARD BY THE CITY MANAGER.

BE IT RESOLVED by the Council of the City of New Rochelle:

Nays Abstain

This City Council hereby approves the City Manager's appointment of David Blumenthal to the ·Local Ethics Board for a five (5) year term expiring February 1, 2020.

Authenticated an d certified this Mayor

_ day of ____ _ City Clerk

d l0lt5

Absent

CITY OF NEW ROCHELLE NEW YORK !l

January 7, 2015

To:

Thru:

From:

Subject: Bid Results- Storm Drain Improvements-Brookdale Avenue Project No. 02-999-P12

ORIGINATOR:

Department of Public Works

SUMMARY DESCRIPTION:

This project is for drainage improvements in the Halcyon Park neighborhood.

RECOMMENDATION FOR INCREASE IN CONTRACT AWARD:

This work involves the replacement of an inadequate existing drainage system that will greatly improve the stormwater flow capacity and reduce flooding frequency. The project will install a large 7'x4' concrete box culvert, replacement of a portion of the existing sanitary sewer, new drainage chambers as well additional catch basins. The new pipe system will correct the patchwork of existing pipes that reduced flow due to inverted profiles and poorly designed alignments.

RESULTS OF BIDS: Formal bids for the project were received on November 18, 2014 at 11am. Three (3) contractors submitted the bids listed below: ·

POSITION LOW 2 3

CONTRACTORS ELQ Industries, Inc. Morano Brothers Corp. Montesano Brothers, Inc.

ALTERNATIVES: 1. Accept the low Bid 2. Reject all the bids

DEPARTMENTAL RECOMMENDATION:

TOTAL BID 2,705,920.00 2,875,835.00 3,198,360.00

EXCEEDS LOW BY $ %

169,915.00 6.3 492,440.00 18.2

The department recommends award to the lowest bidder, ELQ Industries, Inc., at the unit bid price of $2,705,920.00 plus a 5% contingency of $135,296 for a total project construction cost of $2,841,216.

FUNDING

t I.

The majority funding for this contract will be reimbursed by FEMA and DASNY grants totaling almost $2 million. The remaining funding is comprised of a combination of general obligation bonds, CHIPS allocations, CDBG and utility company reimbursements summarized as follows:

Account FEMA HMGP Grant DASNYGrant Bonds authorized in 2014 2015 CHIPS allocation 2014 COBG (C014 580) 2015 COBG (CD15 580) Con Edison share · Total

Amount $ 1,736,141 $ 250,000 $ 328,713 . $ 150,000 $ 133,330 $ 153,032 $ 90.000 $2,841,216

A public hearing for February will need to be scheduled to transfer 2014 and 2015 budgeted CDBG funds to the Halcyon project, the 2013-2017 HUD Consolidated Plan and. to amend the 2013 and 2014 HUD annual plans to reflect these changes.

Cc: Corporation Counsel Commissioner of Finance Construction Engineer File 02-999-P12

City of t~ew Rochelle, N.Y. Introduced On: 1/11 h:;-~ '?· \~' ;-\,ohS Introduced By:

Dist 1st

2fld

Member Yeas Trangucci

Tarantino

3ld: 3rd Rice

Adopted:

No.

4"' Hyden

5"' Fertel

6"' Rackman Moved: Mayor Bramson

h. {and} '"-seconded:

Approved As To Form: ~A £,.-. ~ . c lion Counsel

SUBJECT } OR ·

TITLE . ORDINANCE ACCEPTING THE LOWEST DOLLAR BID OF ELQ INDUSTRIES, INC. RELATNE TO STORM DRAIN .IMPROVEMENTS ON BROOKDALE A VENUE (PROJECT NO. 02-999-P12) AMENDING ORDINANCE NO. 207 OF 2014, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2015, AND APPROPRIATING FUNDS THEREFOR. ·

Nays Abstain

1/. /.

WHEREAS, this project entails replacement of an inadequate existing drainage system that will greatly improve the stormwater flow and capacity and reduce flooding frequency; and

WHEREAS, the project will install a large concrete box culvert, replace a portion of the existing sanitary sewer, new drainage chambers and additional catch basis and correct the patchwork of existing pipes that reduced flow due to inverted profiles and poorly designed

· alignments; and

WHEREAS, competitive bids were ~olicited for this project; and

WHEREAS, three (3) contractors submitted valid bids, as follows:

POSITION CONTRACTOR

Low 2 3

and

ELQ Industries, Inc. Morano Brothers Corp. Montesano Brothers, Inc.

EXCEEDS LOW BY TOTALBID $ %

$2,705,920.00 $2,875,835.00 $169,915.00 6.3 $3,198,360.00 $492,440.00 18.2

WHEREAS, Ute Department of Public Works has recommended the award of this Project to the lowest dollar bidder, ELQ IndU;stries, Inc., to perform work on the Project in the amount $2,705,920.00; now, therefore

and

Absent

,. ' \ . , I;, f,

WHEREAS, the Department of Public Works has recommended the award of this Project to the lowest dollar bidder, ELQ Industries, Inc. to perform work on the Project at its bid price of $2,705,920.00 plus a 5% contingency of$135,295 for a total project cost of$2,841,216.00; and

now, therefore

BE IT ORDAINED by the City of New Rochelle, as follows:

Section 1. The lowest dollar bid of ELQ Industries, Inc., to perform work on the Project at its bid price of $2,705,920.000, plus a contingency of $135,295.00 for a total amount of $2,841,216.00, is hereby accepted subject to the execution of the appropriate contractual documents and submission of the required surety bonds which the City Manager is hereby authorized to execute.

Section 2. Ordinance No. 207 of2014, the budget of the City ofNew Rochelle for 2015, is hereby amended as follows:

Increase EstiiiUlted Revenue- Capital Fund:

CP006.M Reimbursements- Con Edison

Increasei(Decrease) Appropriations - Capital Fund:

CP 140072 CP 15002 CP 140074

Halcyon Park Drainage Project- CHIPS Funded Street Resurfacing (CHIPS) Halcyon Park Drainage Project- Reimbursed

$ 90,000

$ 150,000 $(150,000) $ 90,000

City of New Rochelle, N.Y. Dist Member

Introduced On: !/,;.D /;.5 Introduced By:

1•t

2nd

Trangucci

Tarantino

Held:

Adopted:

No.

Moved: {and} Seconded:

Jnl

4111

5111

6"

Mayor

Rice

Hyden

Fertel

Rackman

Bramson

Approved As To Form: fo~ V.

SUBJECT } OR

TITLE

Cotpotation Counsel

ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $2,000 EACH FROM CITY COUNCIL MEMBER FERTEL'S AND CITY COUNCIL MEMBER RACKMAN'S STIPEND ACCOUNTS TO FUND THE PURCHASE OF POLICE RADIOS AND AMENDING ORDINANCE NO. 210 OF 2013, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2014 (POLICE DEPARTMENT).

Yeas N.avs Abstain

WHEREAS, Council Member Fertel and Council Member Rackrnan have requested that $2,000 be transferred from each of their stipend accounts to fund the purchase of police radios; · now, therefore ·

BE IT ORDAINED by the City of New Rochelle:

Section 1. The Council of the City of New Rochelle -authorizes the City Manager to transfer $2,000 from Council Member Fertel's stipend account and $2,000 from Council Member Rackrnan's stipend account to fund the purchase of police radios.

Section 2. Ordinance No. 210 of2013, the Budget of the City ofNew Rochelle for 2014, is hereby amended as follows:

Increase Appropriations- General Fund:

C0260 Police - Communications Equipment $4,000

Decrease Appropriations - General Fund:

CC450 City Council Stipend Expense $4,000

Authenticated and certified this Mayor

_d·;r-~s~,,~-201 City Clerk

Absent

CITY OF NEW ROCHELLE NEW YORK

Interdepartmental communication

To:

Thru:

From:

Date:

Subject:

Honorable Mayor and Members of City Council

Charles B. Strome, Ill, City Mana~} Patrick J. Carroll, Pollee Comml~er {f:)U

January 14, 2015

Replacement of the Police Department's building door security system

At the present time the pollee department's building door security system is falling and not operable In some locations. After researching the possibility of repairing it, the consensus Is that repairing the system Is not a viable option.

As per the attached memorandum a replacement for the system has been located- Synergis Access Control System by Genetec has been selected. The cost of this project will not exceed $40,000. I recommend that the cost for this project be funded through the use of forfeiture funds.

1 respectfully request that Council approve this expenditure and the transfer of funds for this purchase be withdrawn from our Forfeiture Account T-193.

PJC:nc Cc: Howard Rattner, Finance Commissioner

Mark Blanchard, Corporation Counsel

TO:

FROM:

THRU:

DATE:

MEMORANDUM

Mark Zulli, Deputy Finance Commissioner

Nick Massaregli, Senior Systems Enginee~V

Anthony Murphy, Deputy Police CJP!mis;>jon Cosmo Costa, Police Captain ~ dZ- ~

January 12, 2015 .

SUBJECT: BID WAIVER FOR HARDWARE, SOFTWARE AND INSTALLATION SERVICES: Building Access Security System

The police department's building door security system is failing and inoperable at several locations ·in police headquarters. As a result, the system failures are preventing the management and access b certain locations within police headquarters. The system is past its useful life and therefore repairing the system is not a viable option. I have researched several options and the Synergis Access Control System by Genetec best meets the City's needs.

The Synergis Access Control System by Genetec seamlessly integrates with the Police Department's current Genetec security and surveillance systems. This saves the City both time and money by eliminating the need for additional hardware and/or software required to interface the access systems of other providers with the City's current systems. Additionally, my research confirms that the cost for' the hardware, software and installation of this system is competitively priced.

Genetec doesn't sell their produCts directly to end users. You must purchase their products through their network of authorized system installers/integrators. let Think Wireless (llW) is an authorized installer and has successfully completed critical security project for the City including the City's current security camera systems.

In conclusion, I am recommending that the City purchase the Synergis Access Control System by Genetec though l TW without the solicitation of alternate proposals at a total cost not to exceed $40,000.

City of New Rochelle, N.Y. Introduced On: ,f~oj 1 ,r Introduced By:

Dis!

1'' 2nd

Member Yeas Trangucci

Tarantino Held:

Adopted:

No.

Moved: {and} Seconded:

3r<f

41h .,.

51h

61h

Mayor

Rice

Hyden

Fertel

Rackman

Bramson

Approved As To Form: ~..,.(.?<"' lfu;;{ SUBJECT }

OR TITLE

Cotp01'8tion Counsel

ORDINANCE AUTHORIZING THE WAIVING OF FORMAL BIDDING, AWARDING A CONTRACT TO LET'S TiiiNK WIRELESS FOR THE PURCHASE AND REPLACEMENT OF THE POLICE DEPARTMENT BUILDING'S SYNERGIS ACCESS CONTROL SYSTEM BY GENETEC IN AN AMOuNT . NOT TO EXCEED $40,000 AND AMENDING ORDINANCE NO. 207 OF 2014, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2015.

Nays Abstain

/~,;,

WHEREAS, at the present time the Police Department's building door security system is failing and not operable in some locations; and ·

WHEREAS, after conducting research, staff has recommended that the system be replaced as repairing the system is not a viable option; and

WHEREAS, a replacement for the system has been located which requires purchase and installation through an authorized system installer/integrator; now, therefore

BE IT ORDAINED by the City of New Rochelle, as follows;

1. Formal bidding is hereby waived and a contract shall be awarded to Let's Think Wireless for the purchase and replacement of the Police Department building's Synergis Access Control System by Genetec in an a,m.ount not to exceed $40,000.

2. Ordinance No. 207 of 2014, the Budget of the City of New Rochelle for 2015, is hereby amended to read as follows:

Increase Estimated Revenue- General Fund:

I 10 Transfer from Trust Fund $40,000

Increase Appropriations- General Fund:

PDS 290 Other Equipment $40,000

Authenticated and certified this Mayor

City Clerk

Absent

City of New Rochelle

Department of Development

TO: AND CI1Y COUN~.IL III, CITY MANAG · ·

A"""1{J(~;:., .. , •• ISSIONER OF D LOPMENT

THRU:

FROM:

DATE:

SUBJECT: s to Municipal Code Chapter 270 Signs

Background:

Periodically, changes to the Municipal Co e are proposed by staff when language is found in the ordinance that is incorrect, redundant, contradictory, and unnecessary or when blatant omissions in the text are identified.

The stated purpose of Chapter 270 is to "promote and protect the public health, welfare and safety by regula~g signs of all types. It is intended to encourage the use of signs as a means of communication, protect pedestrian and vehicular safety, protect property values, protect and enhan!=e the aesthetic environment and enhance the City's ability to attract sources of eco~omic development and growth."

Issue:

Staff has identified the following sections of Chapter 270 where changes are recommended with additions underlined:

1. §270.2. B. Defined Phrases. Add the following: FEATHER SIGN. A wind sign in the shape of a feather ~jcaJtv attached or affixed to tbe ground with a metal rod. ·

2. §270-4. B. Wind and feather signs shall be prohibited in all zones, except as temporary signs for a new business or for an existing business at a new location in which case they shall be permitted for a period of time not to exceed 60 days following the initial opening of a new business or the relocation of an existing business to a new location. Wind and feather signs shall not be permitted in the right

~

¥-:'2

3. §270-4. I. No sign shall be painted, attached. pasted. coyered. wu.pped or applied directly on to the exterior of a building or structure except lzy pennit and for an a-greed time period.

4. §270-S . . H. Notwithstanding anything to the contrary contained in this chapter;

(1) No more than one wall sign per use shall be permitted on each street frqntage of any building at tbe level of tbe first floor, except that no sign shall be permitted on the side of any building abutting a residential zoning district. · ·

(2) No more tban one wall sign shall be pcanjUed on each frontage of any buj!djng above tbe !eye! of tbe lint floor'and no siin shall be permitted on the side of an,t building abutting a residential zoning district. ·

(3) Where a builditlg has siens on multiple fronti~s above the level of the first floor. all signed fronta~s must display identical signs. ·

~$ One detached directory sign per lot shall be allowed in a multiuse complex. Dimensions shall be no larger than 15 feet high, seven feet from the ground to the bottom of the sign and a maximum of 40 square feet in atea.

5. §270-23 Table of Permitted Signs. 270 Attachment 1. Maximum Area of Signs for any 1 Use. The cumulative total of: Points 1, 2, and 3. Replace: building with .tmant.

6. ~270-24 Existin& Sjgps.

A. All existing sj~s and awning§ shall be pro.perijr majntained, clean and free from defects both structutally and aeStbeticaUy.

B. AJI illuminated signs shall be maintained structu:aU,v aesthetically and shall be prQPerly illuminated.

Recommend~ don: Staff recommends that Council set a public hearing on this matter in December and refer same to the Municipal Arts Commission.

2

Zone UsufSips KiadofSip

Residential zones Buildings Identification (See § 270-12) Prohssional Identification

Rat.- "For Sale"

Otbc< pmniUed lclcnlification uses

All zoocs olhcr All zoning uses Wall lhan residential

All zoninc uses Political . All zoning uses TCDlJ>OrOIY signs All zoning uscs Temporuy signs oo

windows and dooB

270 Attachment 1:1

SIGNS

270 Attachment 1

Tolllt efP.....tttd Sips Oty efNow tt.dldlc

!Amod«< '-16-19f7 by Ord. Na.l9M7]

--Nloalloref ~ SipsfH AtaofSipo A.yJUse foraJIY 1 Use

I 3 squon: feet§ 270-3H I 14 squon: foOt§ 270-31 I 4 squan: feet § 270-3F

I & .squano feet § 270-3K

lpcrstteetfronl The cumulaiivc total of §270-&H(I) pc:r usc: I. For tbc tim 16 feet of § 270-9Edirectory,l per frontage used by ac1Ual complex building: 2 oquare feet per § 2'JG.8H{2) detocbed sign. tOOt of fi"ootap. I pc:r project in addition to 2·. For the DCX144 feet of waD sign. lioatage used by aclual

building: 1 oquare foot pc:r tOOt offimtage.

3. For any fioolagl: above 60

feet used by - buiJdiDg: 0.75- foot per foot of frontage

§270-7H 8 S<jUIIRfcct- § 270-78 RDollille I 5'/o of window an:a NIA § 270-9C

Ma--Rt!Ptef AJIYA!b<W

Sip (fed)

12 12 12

14

RDotlinc

. . a N/A

-Bei;lolof AJIYDdadl«<

Sip (fed)

4 4 4

&

IS

Speciol1 a.c-u. ... bcqolie ..

No pc:nnil t<quircd

Permit nquircd

Pmnit nquircd

No penni! required Pmn.it rcquiRd No permit t<quircd

~ N - 15 - zet' N

City .of New Rochelle N.Y. Introduced On: ,.,_ J J-1'+/ ·-;. H · 1/ )3 f I~ Introduced By:

Dis! 1"

2•d

Member Tranguocl

Tarantino

Yeas Navs Abstain

--

Held: 3'd Rice

Adopted: 4111 Hyden

No.

Moved: {and} Seconded:

5111

6111

Mayor

Fertel

Rackman

Bramson

v...._Approved As To Form: ~ 'iA ~

SU~ECT }

TITLE

Colpolatton Couoset

ORDINANCE AMENDING CHAPTER 270, SIGNS, OF THE CODE OF THE CITY OF NEW ROCHELLE.

WHEREAS, periodically, changes to the Code are proposed by staff when language is found in an ordinance that is incorrect, redundant, contradictory or unnecessary; and

WHEREAS, staff has identified the following sections of the Code where changes are necessary; now, therefore,

BE IT ORDAINED by the City of New Rochelle:

Section l. § 270.2 Word usage; definitions, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows:

§ 270.2 Word usage; definitions.

B. Defined phrases. As used in this chapter, the following terms shall have the meanings indicated:

FEATHER SIGN A wind sign in the shape of a feather typically attached or affixed to the ground with a metal rod.

Section 2. § 270.4 Restrictions, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows:

§ 270.4 Restrictions.

B. Wind and feather signs shall be prohibited in all zones, except as temporary signs for a new business or for an existing business at a new location in which case they shall be permitted for a period of time not to exceed 60 days following the initial opening of a new business or the relocation of an existing business to a new location. Wind and feather signs shall not be permitted in the right of way.

I. No sign shall be painted. attached, pasted, covered, wrapped or applied directly

Authe~ticated and certified thisd

_dayof 20-1 . U b-t/fL{

Mayor

City Clerk

Absent

~ ~ .(.{,/,

on to the exterior of a building or structure except by permit and for an agreed time period.

Section 3. § 270.8 General requirements, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows:

§ 270.8 General requirements.

H. Notwithstanding anything to the contrary contained in this chapter,

(1) No more than one wall sign per use shall be permitted on each street frontage of any building at the level of the first floor, except that no sign shall be permitted on the side of any building abutting a residential zoning district.

ill No more than one wall sign shall be permitted on each frontage of any building above the level of the first floor and no sign shall be permitted on the side of any building abutting a residential zoning district.

ru Where a building has signs on multiple frontages above the level of the first floor. all signed frontages must display identical signs.

[2](4) One detached directory sign per lot shall be allowed in a multiuse complex. Dimensions shall be no larger than 15 feet high, seven feet from the ground to the bottom of the sign and a maximum of 40 square feet in area.

Section 4. § 270.23 Table of Permitted Signs, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows:

§ 270.23 Table of Permitted Signs.

(The Table of Permitted Signs is located at the end of this chapter.)

Section 5. § 270.24 Existing Signs, shall be added to Chapter 270, Signs, of the Code of the City of New Rochelle as follows:

§ 270.24 Existing Signs.

A. All existing signs and awnings shall be properly maintained. clean and free from defects, both structurally and aesthetically.

B. All illuminated signs shall be maintained structurally, aesthetically and shall be properly illuminated.

on to the exterior of a building or structure except by permit and for an agreed time period.

Section 3. § 270.8 General requirements, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows:

§ 270.8 General requirements.

H. Notwithstanding anything to the contrary contained in this chapter,

(I) No more than one wall sign per use shall be permitted on each street frontage of any building at the level of the first floor, except that no sign shall be permitted on the side of any building abutting a residential zoning district.

ffi No more than one wall sign shall be permitted on each frontage of any building above the level of the first floor and no sign shall be permitted on the side of any building abutting a residential zoning district.

ill Where a building has signs on multiple frontages above the level of the first floor. all signed frontages must display identical signs.

[2]( 4) One detached directory sign per lot shall be allowed in a multiuse complex. Dimensions shall be no larger than 15 feet high, seven feet from the ground to the bottom of the sign and a maximum of 40 square feet in area.

Section 4. § 270.23 Table of Permitted Signs, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows:

§ 270.23 Table of Permitted Signs.

(The Table of Permitted Signs is located at the end of this chapter.)

Section 5. § 270.24 Existing Signs, shall be added to Chapter 270, Signs, of the Code of the City ofNew Rochelle as follows:

§ 270.24 Existing Signs.

A. All existing signs and awnings shall be properly maintained. clean and free from defects, both structurally and aesthetically.

B. All illuminated signs shall be maintained structurally. aesthetically and shall be properly illuminated.

Zone Use ofSigJu KiDdofSigD

Residential zones Buildings Identification (Sec§ 270-12) Professional Identification

Real esl3le "For Sale"

Other pennitled Identification uses

All zones other All zoning uses Wall thao residential

All zoning uses Political All zoning uses Temporary signs All zoning uses Tempmary signs on

windows and doOfs

270 Attachment 1:1

SIGNS

270 Attachment 1

Table ofPermitucl Sips City of New Rodlelle

(Amended 9-16-1997 by Ord. No. 191-97)

MaDmlliD N'RIIIberOf Mnimu111 Sigufor AnaofSigns Allyl u .. foraayl Use

I 3 sq~ feet§ 270-3H I Y.. square foot§ 210-31 I 4 5qUliM feet § 270-3F

I 8 5qUliM feet§ 270-3K

I per st=t liont The cumulative toCal of: § 270-SH(I) per use I. For the tiJst 16 feet of § 270-9E directoty, I per fronlage nsed by acwa1 complex [building] !m!l!!t: 2 square § 270-8H(2) detacbed sign, feet per foot offiontage. I per project in addition to 2. For the next 44 feel of wall sign. frontage used by actual

(building)~ I~ foot per foot offiontage.

3. For any fiootage above 60 - used by IICiual (building) lml!!t 0. 75 5qUliM foot per foot of ftontage

§270-m 8 ~feet-§ 270-7B Roofline I 5% of window ares N/A §270-9C

MuimtliD Htiptof

AoyAttaclled SigD (rut)

12 12 12

14

Rootline

8 NIA

Muim'RIII Height of

Ally Detached SigD (f<et)

4 4 4

8

15

Special Regnlalions and E.J:a.ptiou

No permit required

Permit required

Permit required

No permit required Permit required No permit required

!v

~-H~~

CITY OF NEW ROCHELLE, NY Interdepartmental Communication

Office of the City Clerk

To: Mayor & City Councilmembers

From:

Date:

Subject: Request or Public Hearing for Cabaret License

Background

The Building Department received a request for a Special Permit for a Cabaret

License at the premises of 615 Main Street, New Rochelle, NY. Their request was

denied and referred to the City Council for review and establishment of a Public

Hearing.

Recommendation

It is the recommendation of the City Clerk that a Public Hearing be established on

January 13, 2015 for public discussion regarding a cabaret license for Mar & Tierra

Restaurant located on 615 Main Street, New Rochelle, NY 10801.

APPLICATION FOR BUILDING PERMIT THE CITY OJ' NEW JlOCIDIJ..E j515 Nortll Ave New Roc ... NY 10105

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City of New Rochelle New York

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'-'II.Y UT NeW KOCnelle, N.Y. Introduced On: ~.:r/N; -p. fJ... 1 /r3 ) 1.{' Introduced By: Held:

Adopted:

No.

Moved: {and} Seconded:

Approved As To Form: /-{_..,<. '-'. ~ cora;;o;; Counsel

Dlst 1•t

2nd

Jrd

4th

5~

6th

Mayor

Member Yeas Trangucci

Tarantino

Rice

Hyden

Fertel

Rackman

Bramson

SUBJECT OR

TITLE }

RESOLUTION GRANTING A SPECIAL PERMIT TO 615 MAIN ST. DINING LLC, PURSUANT TO §331.113.2, CABARETS WITH PUBLIC ASSEMBLY OCCUPANCY LIMIT NOT TO EXCEED 250 PERSONS, OF THE CODE OF THE CITY OF NEW ROCHELLE, WITH RESPECT TO MAR & TIERRA RESTAURANT LOCATED AT 615 MAIN STREET.

Navs Abstain

WHEREAS, 615 Main St. Dining LLC submitted an application for a special permit pursuant to §331.113.2, Cabarets with public assembly occupancy limit not to exceed 250 persons, of the Code of the City of New Rochelle, at Mar & Tierra Restaurant located ·at 615 Main Street ("Special Permit"); and

WHEREAS, on January 13, 2015, this City Council held a public hearing regarding the issuance of the Special Permit; now, therefore,

BE IT RESOLVED by the Council of the City of New Rochelle:

This City Council hereby grants a Special Permit to 615 Main ~t. Dining LLC, pursuant to §331.113.2, Cabarets with public assembly occupancy limit not to exceed 250 persons, of the Code of the City of New Rochelle, at Mar & Tierra Restaurant located at 615 Main Street, in accordance with the terms and conditions set forth in §331.113.2.

Authenticated and certified this Mayor

City Clerk

Absent

~~ 3./,

Department of Law City Hall

515 North Avenue New Rochelle, NY 10801

Fax: (914) 654-2345 (914) 654-2120

MARK W. BLANCHARD Corporation Counsel

BRIAN J. POWERS Deputy Corporation Counsel

TO:

City of New Rochelle New York

Honorable Mayor and City Council

THROUGH: Charles B. Strome, lll, City Managp{J ~ Mark W. Blanchard, Corporation C~el f) Cabaret Licensing and Procedures

FROM:

Re:

Date: January 16,2015

There are two approvals which must be obtained prior to opening a cabaret business, a special permit and a license. The City Council issues the special permit under Section 331-113.2 of the New Rochelle City Code ("City Code"). The criteria for the Council's review when deliberating upon an application for a special permit are as follows:

A. Compliance with the five-hundred-foot distancing regulation set forth in§ 331-61A above. B. Identification and quantification of parking impacts. C. Identification of impact on surrounding residential and business uses within 500 feet of the proposed project. D. A business and operation plan stating, among other things, hours of operation, marketing plan, designation of outdoor smoking areas, business description and the type of entertainment that will be offered at the premises. E. Identification of noise abatement considerations and other mitigation measures. F. Compliance with all applicable health, safety, welfare and licensing requirements and all applicable local, state and federal regulations. G. Such other requirements as may be established by City Council.

Under 331-113.2(J) and in compliance with certain conditions, a special permit may be automatically renewed without further Council approval. See, City Code Section 331-113.2.

The Police Commissioner issues the license under Chapter 120 of the City Code. Upon receipt of an application for a license or its renewal the Police Commissioner is responsible for reviewing the security plan, the safety evacuation plan and floor plans. See, City Code Sections 331-

11 3.2(1) and 1 20-4(E). Unlike the potential automatic renewal of a special permit, there is never an automatic renewal of a license. Therefore, as distinguished, the license process ensures that the review of a security plan remains the obligation of the applicant regardless of an automatic renewal of the special permit.