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File #: TMP -1245    Version: 1
Type: Ordinance Status: Adopted
File created: 3/4/2025 In control: City Council
On agenda: 3/12/2025 Final action: 3/12/2025
Title: Department of Public Works: An Ordinance Amending Ordinance No. 4, Adopted by the City Council on September 11, 2024, Entitled "An Ordinance Authorizing Mayor Shawyn Patterson-Howard to Commit a Local Match for the Green Innovation Grant Program (CIGP) for the South Fourth Street Park Green Infrastructure Project," and Confirming the Project's Type II Exemption Under ECL Article 8
Sponsors: LPW
Attachments: 1. Revised GIGP Letter

Board of Estimate & Contract:

 

RESOLVED, that a resolution adopted by the City Council on March 12, 2025, and signed by the Mayor on March 13, 2025, authorizing the amendment of Ordinance No. 4, Adopted by the City Council on September 11, 2024, Entitled "An Ordinance Authorizing Mayor Shawyn Patterson-Howard to Commit a Local Match for the Green Innovation Grant Program (CIGP) for the South Fourth Street Park Green Infrastructure Project," and Confirming the Project's Type II Exemption Under ECL Article 8- (the source of the local match and any amount above the required match shall be the $675,000 in State funds awarded to the City by the New York State Office of Parks, Recreation, and Historic Preservation.  The minimum local match required is $199,000 based upon a total estimated maximum project cost of $1,790,000); be, and the same is hereby approved.

 

City Council:

 

AN ORDINANCE AMENDING ORDINANCE

NO. 4, ADOPTED BY THE CITY COUNCIL ON

SEPTEMBER 11, 2024, ENTITLED “AN

ORDINANCE AUTHORIZING MAYOR SHAWYN

PATTERSON-HOWARD TO COMMIT A

LOCAL MATCH FOR THE GREEN INNOVATION

GRANT PROGRAM (GIGP) FOR THE SOUTH FOURTH

STREET PARK GREEN INFRASTRUCTURE PROJECT,”

AND CONFIRMING THE PROJECT’S TYPE II

EXEMPTION UNDER ECL ARTICLE 8

 

                     The City of Mount Vernon, in City Council convened, does hereby ordain and enact:

 

Section 1.                     The first decretal paragraph and the 4th and 5th Whereas paragraphs of Ordinance No. 4, adopted on September 11, 2024, entitled “AN ORDINANCE AUTHORIZING MAYOR SHAWYN PATTERSON-HOWARD TO COMMIT A LOCAL MATCH FOR THE GREEN INNOVATION GRANT PROGRAM (GIGP) FOR THE SOUTH FOURTH STREET PARK GREEN INFRASTRUCTURE PROJECT,” and Confirming the Project’s Type II Exemption Under ECL Article 8, is hereby amended as follows:

 

Whereas, by letter dated [August 9, 2024] March 6, 2025, the Commissioner of the Department of Public Works has requested legislation amending Ordinance No. 4, adopted by the City Council on September 11, 2024, authorizing Mayor Shawyn Patterson-Howard to commit the minimum 10 percent local match of $199,000 as required by the Green Innovation Grant Program (GIGP) for the South Fourth Street Park Green Infrastructure Project No. 2152; and

Whereas, the City of Mount Vernon has been awarded a Green Innovation Grant Program (GIGP) grant by the New York State Environmental Facilities Corporation (EFC) for the South Fourth Street Park Green Infrastructure Project No. 2152, in the amount not to exceed $1,790,000 in federal funds for porous pavement, stormwater street trees, bioretention, and a green wall; and

Whereas, the GIGP grant requires a minimum 10 percent local match of $199,000, which must be committed by the City of Mount Vernon to fulfill the grant requirements; and

[Whereas, the source of the $199,000 local match will be derived from the $150 million in Empire State Development Corporation grants awarded to the City of Mount Vernon for sewer repairs and improvements on April 15, 2022; and]

 

[Whereas, the South Fourth Street Park Green Infrastructure Project has been classified as a Type II action under the State Environmental Quality Review (SEQR), 6 NYCRR Part 617, and is therefore not subject to further environmental review; Now, Therefore, Be It Resolved That]

 

Whereas, the City of Mount Vernon was awarded a NYS Environmental Facilities (“EFC”) Green Innovation Grant Program (GIGP) grant for the South Fourth Street Playground on February 15, 2024, in the amount of $1,790.000 and

 

Whereas, the source of the $199,000 local match will be derived from the Office of Parks Recreation and Historic Preservation Environmental Protection Fund Grant (Project No. EPF 241972) - Revitalization of Fourth Street Park - $675,000; and

 

Whereas, on September 12, 2024, the City Council reviewed and certified via Ordinance that the South Fourth Street Park Green Infrastructure Project is classified as a Type II action under the State Environmental Quality Review (“SEQR”). 6 NYCRR Part 617 et seq., and was not subject to further review; and

 

Whereas, this approved initial analysis was related to a scope of work funded by Empire State Development Corporation which included a grant not to exceed $1,790,000 for underground sewer and stormwater/flood improvements (PHASE 1) with a City match of $199,000; and

 

Whereas, on December 23, 2024, the City was notified of additional grant funds of $675,000 thereby increasing the scope of the project to include hardscape and landscape for the park - (PHASE II).  For purposes of SEQR, these two projects, being in the same area and to be constructed at the same time, must be considered and reviewed under the cumulative impact  of both projects; and

 

Whereas, the City of Mount Vernon is a responsible agency under Environmental Conservation Law (ECL) 8-0101; and

 

Whereas, the South Fourth Street Park Project is subject to SEQR under §617.2(b) as a project directly undertaken by the City, and funded by Federal and State grants; Now, Therefore, Be It Resolved That

The City of Mount Vernon, in City Council convened, does hereby ordain, and enact:

Section 1.                     Definitions.  For the purposes of this ordinance, the following terms shall be defined as:

                     “GIGP Grant” - the Green Innovation Grant Program funding awarded by the New York State Environmental Facilities Corporation for the South Fourth Street Park Green Infrastructure Project.

                     “Local Match” - the minimum 10 percent funding match required by the GIGP grant, totaling $199,000.

                     “Type II Action” - an action classified under the State Environmental Quality Review (SEQR), 6 NYCRR Part 617, not subject to further environmental review.

                     “Project” - The South Fourth Street Park Green Infrastructure Project No. 2152.

Section 2.                     Authorization to Commit Local Match.  The City Council authorizes Mayor Shawyn Patterson-Howard to commit the minimum 10 percent local match of $199,000 as required by the Green Innovation Grant Program (GIGP) for the South Fourth Street Park Green Infrastructure Project No. 2152.

Be It Further

Resolved that, after review, the following findings are made for the South Fourth Street Park Project:

1.                     This project is a park replacement project replacing in-kind hard and softscape materials for Phase II and for Phase I repairs and extension of sewer and/or storm pipe and culverts to provide greater drainage for the Park and that scope is defined under Type II designations in ECL 8-0101 et seq.

 

2.                     The City Council finds that the scope of Phase I is exempt under Type II and satisfied under section 617.5 (c) 1, and has no significant adverse environmental impact.  Further, phase I is an extension of sewer and/or storm pipe connections or performance to satisfy and improve the park use previously found exempt under §617.5 (c) (13).

 

3.                     The City of Mount Vernon authorizes and appropriates a minimum 10% local match as required by the Green Innovation Grant Program for the South Fourth Street Park Green Infrastructure Project under the (GIGP) program.  This local match must be at least 10% of the GIGP-eligible project costs of $1,790,000.  The source of the local match and any amount above the required match shall be the $675,000 in State funds awarded to the City by the New York State Office of Parks, Recreation, and Historic Preservation.  The minimum local match required is $199,000 based upon a total estimated maximum project cost of $1,790,000.  The Mayor may increase this local match using in-kind services without further approval from the City of Mount Vernon.

 

4.                     The Mayor is authorized to execute a Grant Agreement with the NYS Environmental Facilities Corporation and any and all other contracts, documents, and instruments necessary to bring about the project and to fulfill the City of Mount Vernon’s obligations under the New York State Green Innovation Grant Program Grant Agreement for Project No. 2152.  Specifically, the GIGP grant will fund porous pavement, stormwater street trees, bioretention, and a green wall.

Section 3.                     Source of Funds.  [The local match of $199,000 shall be sourced from the $150 million in Empire State Development Corporation grants awarded to the City of Mount Vernon for sewer repairs and improvements on April 15, 2022.]  The source of the local match and any amount above the required match shall be the $675,000 in State funds awarded to the City by the New York State Office of Parks, Recreation, and Historic Preservation.  The minimum local match required is $199,000 based upon a total estimated maximum project cost of $1,790,000.  The Mayor may increase this local match using in-kind services without further approval from the City of Mount Vernon.

Section 4.                     Environmental Review.  The City Council certifies that the South Fourth Street Park Green Infrastructure Project is classified as a Type II action under the State Environmental Quality Review (SEQR), 6 NYCRR Part 617, and is therefore not subject to further environmental review.

Section 5. Effective Date.  This ordinance shall take effect immediately upon its approval by the Board of Estimate & Contract.

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