White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING JANUARY 7, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. Beth Smayda ROLL CALL: City Clerk APPOINTMENTS: 1. Entertainment of a motion to nominate for a vacancy on the Common Council. APPROVED 2. Communication from the Mayor in relation to the appointment of Michael Schwartz to the Mayor’s Budget and Management Committee to a term which will expire on December 31, 2013. F/S/A LOCAL LAWS: 3. Communication from Commissioner of Finance in relation to Local Law Introductory No. 1 of 2013. A Local Law to establish a Sustainable Energy Loan Program in the City of White Plains. F/S 4. Local Law No. Introductory No. 1 for 2013. A Local Law to establish a Sustainable Energy Loan Program in the City of White Plains in accordance with Article 5-L of the General Municipal Law. OFFERED ONLY 5. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to make an application on behalf of the City of White Plains to the Board of the Energy Improvement Corporation (EIC) requesting the City of White Plains’ membership in the EIC and to execute an agreement with the EIC setting forth the duties and obligations of each party in connection with the City of White Plains’ participation in the Energize New York Benefit Program in accordance with Article 5-L of the General Municipal Law. OFFERED ONLY 6. Resolution of the Common Council of the City of White Plains scheduling a public hearing for February 4, 2013, in relation to Introductory Local Law No. 1 for 2013, amending the White Plains Municipal Code by adding a new Chapter 5-6, entitled, “A Local Law to establish a Sustainable Energy Loan Program in the City of White Plains in accordance with Article 5-L of the General Municipal Law.” ADOPTED ADJOURNED PUBLIC HEARINGS: 7. Public Hearing in relation to the application submitted on behalf of WPENT, Inc., (“Applicant”), for a Special Permit to operate a cabaret at the Black Bear Saloon located at 166 Mamaroneck Avenue. OPENED/CLOSED. 8. Public Hearing in relation to the application submitted on behalf of WPENT, Inc., (“Applicant”), for a Special Permit to operate a cabaret at Wicked Wolf located at 166 Mamaroneck Avenue. OPENED/CLOSED. PUBLIC HEARINGS: 9. Public Hearing in relation to the application submitted by DR & RD, Inc., (d/b/a Brazen Fox Restaurant and Bar) for a renewal of a Special Permit to operate a cabaret at 175 - 179 Mamaroneck Avenue. OPENED/CLOSED. 10. Public Hearing in relation to the application submitted on behalf of DC White Plains LLC, d/b/a “Don Coqui” (“Applicant”) for a one (1) year Special Permit to operate a cabaret at Don Coqui located at 105-107 Mamaroneck Avenue. OPENED/CLOSED 11. Public Hearing in relation to the approval of an amendment to the White Plains Section 8 Program Administrative Plan. OPENED/ADJOURNED TO MARCH 4, 2013. 12. Communication from Commissioner of Planning F/S 13. Public Hearing in relation to a proposed amendment to the Zoning Ordinance of the City of White Plains, to conform various provisions of Sections 6, 7, and 8 of same to incorporate recent changes in the Charter and Municipal Code of the City of White Plains pertaining to the powers, duties and functions of the Department of Parking. OPENED/CLOSED 14. Communications from Public Safety F/S 15. Traffic Commission F/S 16. Second Reading Ordinance amending an ordinance entitled, The Zoning Ordinance of the City of White Plains, in relation to conforming various provisions of Sections 6, 7, and 8 of same to incorporate recent changes in the Charter and Municipal Code of the City of White Plains pertaining to the powers, duties and functions of the Department of Parking. ADOPTED 7 - 0 SECOND READING ORDINANCES: 17. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to enter into a partnership agreement among the City of White Plains, the City School District of the City of White Plains, El Centro Hispano and French Speaking Baptist Church of White Plains, regarding the Excel Program to be run in two middle schools and the high school. ADOPTED 7 - 0 FIRST READING ORDINANCES: 18. Communication from Corporation Counsel in relation to the settlement of certain tax review proceedings. F/S 19. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 20. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5390, City-wide IT Infrastructure Replacement/Enhancements. F/S 21. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5390, City- wide IT Infrastructure Replacement/Enhancements. ADOPTED 7 - 0 22. Bond Ordinance dated January 7, 2013, authorizing the issuance of $126,500 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of the acquisition of equipment, machinery and apparatus for technological improvements. ADOPTED 7 - 0 23. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5344, Lexington Grove Municipal Garage Structural Rehabilitation. F/S 24. Communication from Environmental Officer F/S 25. Environmental Finidings Resolution ADOPTED 26. Ordinance of the Common Council of the City of White Plains amending Capital Project No. C5344 entitled, Lexington Grove East and West Structural Rehabilitation. ADOPTED 7 - 0 27. Bond Ordinance dated January 7, 2013, authorizing the issuance of an additional $757,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, ti finance part of the maximum estimated cost of the partial reconstruction and improvement to various parking structures in and for said City, pursuant to the Local Finance Law. ADOPTED 7 - 0 28. Communication from Commissioner of Public Safety in relation to an Inter- municipal Agreement between the City and County of Westchester regarding the assignment of certified police instructors to the County’s Police Training Facility. F/S 29. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into an Inter-municipal Agreement (“IMA”) with the County of Westchester in relation to assigning certified police instructors to the County’s Police Training Facility. ADOPTED 7 - 0 30. Communication from Commissioner of Public Safety in relation to a grant in the amount of $23,600 from the Federal Emergency Management Agency (FEMA) in support of Fire Prevention and Safety to be used to train Juvenile Fire Intervention Specialists. F/S 31. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to accept a grant in the amount of $23,600, from the Federal Emergency Management Agency (FEMA) and enter into various contracts, as necessary, and to direct the Budget Director to amend the FY 2012-2013 Public Safety Grant. ADOPTED 7 - 0 32. Communication from Commissioner of Public Safety in relation to an amendment to the Municipal Code, Article IV, “Rates and Charges,” of Chapter 4-15, Section 4-15-71(j) entitled Taxicabs, in relation to a fuel surcharge, through December 31, 2013. F/S 33. Ordinance of the Common Council of the City of White Plains amending Article IV, entitled, “Rate and Charges,” of Chapter 4-15 of the White Plains Municipal Code, entitled, “Taxicabs,” at Section 4-15-71(j) with respect to a temporary fuel surcharge. ADOPTED 7 - 0 34. Communication from Commissioner of Public Safety, in relation to a donation received from Marubeni Speciality Chemicals in the amount of $250 to support the Safe Housing Program. F/S 35. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to accept, on behalf of the City of White Plains, a donation from Marubeni Speciality Chemicals, Inc., in the amount of $250.00 to provide smoke detectors for the Safe Housing Task Force. ADOPTED 7 - 0 36. Communication from Commissioner of Finance in relation to the proposed sale of 11 Wallace Place, White Plains. F/S 37. Resolution authorizing the sale of property identified as Section 130.41, Block 13, Lot 4, located at 11 Wallace Place, White Plains. ADOPTED 38. Ordinance committing the net proceeds from the sale of foreclosed real property for the acquisition of open space and/or recreational improvements in the City of White Plains. ADOPTED 7 - 0 39. Communication from Commissioner of Recreation and Parks in relation to a grant in the amount of $5,511 from AAA Transportation in support of the Senior Citizens Transportation Services. F/S 40. Ordinance authorizing the Mayor to direct the Budget Director to amend the 2012-2013 General Fund Budget in order to reflect an award fro AAA Transportation, through the County of Westchester (Department of Senior Programs and Services), on behalf of the City of White Plains Department of Recreation and Parks Senior Citizens Program. ADOPTED 7 - 0 41. Communication from Director, White Plains Public Library, in relation to a transfer of funds from Reserve for Financing to allow the Library to continue to obtain book processing services from an outside vendor. F/S 42. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to direct the Budget Director to transfer funds from the Reserve for Financing Fund to allow the White Plains Library to continue to obtain book processing services from an outside vendor. ADOPTED 7 - 0 43. Communication from Commissioner of Planning in relation to an amendment to the Restore Program Fund Budget. F/S 44. Ordinance of the Common Council of the City of White Plains amending the Restore Program Fund Balance by appropriating Fund Balance and allocating such increase to the Restore Program. ADOPTED 7 - 0 45. Communication from Commissioner of Planning in relation to an amendment to the Section 8 2012-2013 Program Budget. F/S 46. Ordinance of the Common Council of the City of White Plains amending the Section 8 2012-2013 Program Budget appropriating Fund Balance from the Section 8 Operating Reserve. ADOPTED 7 - 0 47. Communication from Director, Youth Bureau, in relation to a contract with the Westchester Community Foundation to receive a one year grant in the amount of $15,000 in support of the Growing White Plains Project. F/S 48. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to enter into a contract with the Westchester Community Foundation on behalf of the City of White Plains, through its Youth Bureau, to receive a one year grant to support the Growing White Plains Project and to amend the FY 2012-2013 Youth Development Fund to reflect this Grant. ADOPTED 7 - 0 49. Communication from Personnel Director in relation to a proposed amendment to the White Plains Municipal Code Compensation and Leave Plan to establish a certain position titled in the White Plains Public Library, and abolish certain positions. F/S 50. Ordinance amending Section 2-5-81 of the White Plains Municipal Code by establishing a certain position titled, and amending the 2012-2013 Table of Organization by adding and abolishing certain positions. ADOPTED 7 - 0 51. Communication from Chairman, Traffic Commission, in relation to proposed amendments to the Traffic Ordinance at various locations around the City. F/S 52. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to creating a “No Parking 10:00 A.M. to 11:00 A.M. Monday through Friday” on both sides of Bursley Place and Wayne Avenue. ADOPTED 7 - 0 RESOLUTIONS: 53. Communication from Corporation Counsel in relation to an application submitted on behalf of La Gianna, LLC, for an amendment to a previously approved site plan, to construct a five story, 56 unit rental apartment building at the corner of Maple Avenue and DeKalb Avenue, with 76 parking spaces (formerly The Metropolitan), on an environmentally sensitive site, and scheduling a public hearing for February 4, 2013. F/S 54. Resolution of the Common Council of the City of White Plains scheduling a public hearing for February 4, 2013, in relation to the application submitted on behalf of La Gianna, LLC (“Applicant”) for an amendment to a previously approved site plan to construct a 56 unit rental apartment  located at 8 - 114 DeKalb Avenue (corner of DeKalb and Maple Avenues), including 76 parking spaces, in a site containing environmentally sensitive features, in accordance with Sections 4.4.25 and 7.4.5 of the Zoning Ordinance of the City of White Plains. ADOPTED 55. Communication from Corporation Counsel in relation to an application for site plan approval and Special Permit for an Accessory Parking Lot, submitted on behalf of Silverman 237, LLC, at 52-54 Waller Avenue, which will serve parking needs for 235 - 237 Mamaroneck Avenue, and scheduling a public hearing for February 4, 2013. F/S 56. Resolution of the Common Council of the City of White Plains scheduling a public hearing for February 4, 2013, in relation to the application submitted on behalf of Silverman 237,LLC (“Applicant”) for Special Permit/Site Plan Approval for an Accessory Parking Lot adjoining a Business District on the property located at 52-54 Waller Avenue. ADOPTED 57. Communication from Commissioner of Building in relation to an application submitted by Sofrito, Inc., for the renewal of a Special Permit for Cabaret Use at 175 Main Street. F/S ITEMS 56 - 67 F/S 58. Commissioner of Planning 59. Planning Board 60. Commissioner of Public Safety 61. Commissioner of Public Works 62. Commissioner of Traffic 63. Traffic Commission 64. Commissioner of Parking 65. Conservation Board 66. Westchester County Planning Board 67. Environmental Officer 68. Environmental Findings Resolution ADOPTED 69. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Sofrito, Inc., d/b/a Sofrito, for a one year renewal of a Special Permit to operate a cabaret located at 175 Main Street, (Section 125.75, Block 2, Lot 4) subject to certain conditions contained herein. ADOPTED 70. Communication from Commissioner of Planning in relation to a budget revision and the approval of the Housing and Urban Development (HUD) Approved Budget Revision of 2012-2013 Community Development Block Grant Funds (CDBG). F/S 71. Resolution of the Common Council of the City of White Plains, New York, approving the Housing and Urban Development (HUD) Approved Budget Revision of 2012-2013 Community Development Block Grant Funds. ADOPTED 72. Communication from the City Clerk in relation to a request submitted on behalf of Blooming Glory Hospitality, Inc., d/b/a Gyu Kaku, for a waiver of the thirty day notification requirement set forth in Section 64(2)(a) of the New York Alcoholic Beverage Control Law, at 159 Main Street. F/S 73. Resolution of the Common Council of the City of White Plains waiving the thirty (30) day notification requirement set forth in the New York Alcoholic Beverage Control Law in regard to an application submitted on behalf of Blooming Glory Hospitality Inc., d/b/a Gyu Kaku located at 159 Main Street, for a license to seel alcoholic beverages. ADOPTED 74. Communication from the Mayor in relation to a proposed Sister City relationship with Enshi Prefecture, Hubei Province, China. F/S 75. Resolution authorizing the Mayor and Common Council President to invite Enshi Prefecture to be a Sister City to the City of White Plains. ADOPTED 76. Communication from the City Clerk in relation to a change to the date of the May Regular Stated Meeting from Monday, May 6, 2013 to Tuesday, May 7, 2013. F/S 77. Resolution of the Common Council of the City of White Plains setting the date for the Regular Stated Meeting of the Common Council for the month of May 2013, as May 7, 2013. ADOPTED 77a. Resolution of the Common Council of the City of White Plains holding the record open until January 22, 2013 at 5:00 P.M. for the receipt and inclusion of additional written testimony in connection with the Site Plan/Special Permit Application for a “Community Residence” at 37 DeKalb Avenue submitted on behalf of CFI, Inc., and Sunrise White Plains (“Applicant”). ADOPTED ITEM FOR REFERRAL: 78. Communication from Commissioner of Building in relation to an application for a site plan amendment submitted on behalf of 15 Water Street, LLC, d/b/a Pepe Cadillac, to construct an expanded vehicle display area along the Water Street frontage of the property located at 15 Water Street. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 79. Communication from Commissioner of Building in relation to an application for a site plan amendment submitted on behalf of St. Gregory the Enlightener Armenian Church, to construct a Sunday School Hall as an addition to the existing Church building at 1131 North Street. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 80. Communication from Commissioner of Building in relation to an application submitted by Porter House Restaurant and Bar, for a renewal of a Special Permit for Cabaret Use at 169 Mamaroneck Avenue. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 81. Communication from Commissioner of Building in relation to an application submitted by Coughlans, Inc., d/b/a the Coliseum, for a Special Permit for Cabaret Use at 15 Broadway. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 82. Communication from Commissioner of Building in relation to an application submitted by 122 W.P.R. Corp., for a three year renewal of a Special Permit to operate an Accessory Parking Lot at 128 West Post Road. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 83. Communication from the City Clerk transmitting addendum materials in relation to an application submitted on behalf of CFI, Inc., and Sunrise White Plains (“Applicant”) for a Special Permit and Site Plan Approval of a “Community Residence” at 37 DeKalb Avenue, to operate a short term medically supervised detoxification treatment facility with up to thirty three (33) inpatient beds. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER.