White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING FEBRUARY 4, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. Benjamin Boykin ROLL CALL: City Clerk APPOINTMENTS: 1. Communication from Council President recommending the re-appointment of Hope Layton Furth, Yuki Haynes, and Paul K. Schwarz to the Library Board to terms which will expire on December 31, 2015. F/S/A LOCAL LAWS: 2. Public Hearing 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.” OPENED/CLOSED 3. 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. ADOPTED 7 - 0 4. Second Reading 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. ADOPTED 7 - 0 ADJOURNED PUBLIC HEARINGS: 5. Public Hearing in relation to the approval of an amendment to the White Plains Section 8 Program Administrative Plan. ADJOURNED TO MARCH 4, 2013. PUBLIC HEARINGS: 6. Public Hearing 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 - 14 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. OPENED/ADJOURNED TO MARCH 4, 2013. F/S 7 - 15 7. Communication from Commissioner of Building 7a. Design Review Board 8. Commissioner of Planning 9. Planning Board 10. Commissioner of Public Safety 11. Commissioner of Public Works 12. Commissioner of Traffic 13. Traffic Commission 14. Commissioner of Parking 15. Environmental Officer TABLED TO MARCH 4, 2013. 16. Environmental Findings Resolution TABLED TO MARCH 4, 2013 17. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of La Gianna, LLC, (“Applicant”), for an amendment to a previously approved site plan for a 125 foot/twelve story, eighty-six (86) unit condominium residence project formerly known as “The Metropolitan” located at 8 - 14 DeKalb Avenue (Corner of DeKalb and Maple Avenues) and originally granted Special Permit/Site Plan Approval on February 6, 2006, and extended for additional one (1) year periods by resolutions adopted March 5, 2007, June 2, 2008, March 2, 2009, March 1, 2010, and April 2, 2012, to now be known as “La Gianna Apartments” consisting of a new fifty-six (56) unit rental apartment building, containing twenty-four (24) two (2) bedroom, twenty-eight (28) one (1) bedroom and four (4) studio rental apartments, including seventy- six (76) parking spaces, agt a height of five (5) stories and approximately fifty-eight (58) feet in the RM-0.35 Zoning District, with the required affordable units under the White Plains Affordable Rental Housing Program and a “Parklet” now owned by the City of White Plains to be constructed, landscaped and maintained by the Applicant La Gianna,  LLC, and made available to the neighborhood. TABLED TO MARCH 4, 2013. 18. Public Hearing 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. ADJOURNED TO MARCH 4, 2013 19. Communication from the City Clerk . 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. FIRST READING ORDINANCES: 20. Communication from Corporation Counsel in relation to the settlement of certain tax review proceedings. F/S 21. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 21a. Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions, on Saturday, March 9, 2013 to accommodate the 16th Annual St. Patrick’s Day Parade. F/S Recusal: Mr. Martin 21b. Ordinance of the Common Council of the City of White Plains authorizing the closure of certain public streets and appropriate parking restrictions on March 9, 2013 for a Saint Patrick’s Day Parade sponsored by the White Plains Saint Patrick’s Day Parade Committee and the White Plains Business Improvement District (BID). ADOPTED 6 - 0. Recusal: Mr. Martin 22. Communication from Commissioner of Recreation and Parks in relation to a grant in the amount of $8,102.31 from the New York State Recreation and Parks Society to be used for the tennis facility and program enhancements. F/S 23. Ordinance authorizing the Mayor to accept an award in the amount of $8,102.31, on behalf of the City of White Plains Department of Recreation and Parks from the New York State Recreation and Parks Society. ADOPTED 7 - 0 24. Communication from Commissioner of Recreation and Parks transmitting the  2013 Schedule of Fees F/S. 25. Ordinance of the Common Council of the City of White Plains establishing and approving a Schedule of User Fees for the White Plains Department of Recreation and Parks. ADOPTED 7 - 0 . 26. Communication from Director, Youth Bureau, in relation to a contract for consulting services with the Student Assistance Services Corporation to provide funding from the Drug Free Communities Grant Award, for a middle school prevention coordinator. F/S 27. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to execute on behalf of the City, a consulting services contract with the Student Assistance Services Corporation to provide a middle school prevention coordinator as part of the plan of the White Plains Cares Coalition funded by the Drug Free Communities Grant Award. ADOPTED 7 - 0 28. Communication from Director, Youth Bureau, in relation to funding in the amount of $181,299, from the New York State Office of Alcoholism and Substance Abuse Services, OASAS, for the Project Hope Program. F/S 29. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to enter into a contract with the County of Westchester Department of Community Mental Health, in order to receive $181,299 in funding to continue the Project Hope Program through the New York State Office of Alcoholism and Substance Abuse Services, OASAS), providing alcohol and substance prevention services to the City of White Plains. ADOPTED 7 - 0 30. Communication from the Personnel Officer in relation to a proposed amendment to the Municipal Code Compensation and Leave Plan and the Table of Organization by adding and abolishing certain positions. F/S 31. Ordinance amending Section 2-5-81 of the White Plains Municipal Code by establishing and deleting certain position titles, and amending the 2012-2013 Table of Organization by adding and abolishing certain positions. ADOPTED 7 - 0 32. Communication from Chairman, Traffic Commission, in relation to proposed amendments to the Traffic Ordinance at various locations around the City. F/S 33. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to creating a “No Parking” on the north side of Stonegate Court, modifying a “Two Hour Parking 7:30 A.M. to 6:30 P.M.” on both sides of Hall Avenue, and creating a “Left Turns Prohibited” for the driveway from  No. 300 Central Avenue. ADOPTED 7 - 0 RESOLUTIONS: 34. Communication from Corporation Counsel 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, and scheduling a public hearing for March 4, 2013. F/S Recusal: Mr. Krolian 35. Resolution of the Common Council of the City of White Plains scheduling a public hearing for March 4, 2013, in relation to the application submitted on behalf of St. Gregory the Enlightener Armenian Church, for an amendment to its approved site plan for a proposed one story, approximately 7,000 sq. ft. addition to the existing Church building located at 1131 North Street. ADOPTED 6 - 0. Recusal: Mr. Krolian 36. Communication from Corporation Counsel in relation to an application submitted by Porter House Bar and Restaurant for the renewal of a Special Permit for Cabaret Use at 169 Mamaroneck Avenue, and scheduling a public hearing for March 4, 2013. F/S 37. Resolution of the Common Council of the City of White Plains scheduling a public hearing for March 4, 2013, in relation to the application submitted on behalf of the Porter House Bar and Restaurant for a three (3) year renewal of a Special Permit to operate a cabaret at 169 Mamaroneck Avenue. ADOPTED 38. Communication from Corporation Counsel in relation to an application submitted by Coughlans, Inc., d/b/a The Coliseum for the renewal of a Special Permit for Cabaret Use at 15 South Broadway, and scheduling a public hearing for March 4, 2013. F/S 39. Resolution of the Common Council of the City of White Plains scheduling a public hearing for March 4, 2013 in relation to the application submitted by Daniel J. Coughlan, Proprietor, on behalf of Coughlan, Inc., for a renewal of a Special Permit to operate a cabaret at The Coliseum (formerly known as Prophecy), located at 15 South Broadway. ADOPTED 40. Communication from Commissioner of Building in relation to an application submitted by Black Bear Saloon for a Special Permit for Cabaret Use at 166 Mamaroneck Avenue. F/S F/S 41 - 49 41. Commissioner of Planning 42. Planning Board 43. Commissioner of Public Safety 44. Commissioner of Public Works 45. Commissioner of Traffic 46. Traffic Commission 47. Commissioner of Parking 48. Westchester County Planning Board 49. Environmental Officer 50. Environmental Findings Resolution ADOPTED 51. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of WPENT, Inc. d/b/a Black Bear Saloon, for a three (3) year renewal of a Special Permit to operate a cabaret at Black Bear Saloon located at 166 Mamaroneck Avenue (Section 125.84, Block 7, Lot 5) subject to certain conditions contained herein. ADOPTED 52. Communication from Commissioner of Building in relation to an application submitted by Wicked Wolf Tavern for a Special Permit for Cabaret Use at 166 Mamaroneck Avenue. F/S F/S 53 - 61 53. Commissioner of Planning 54. Planning Board 55. Commissioner of Public Safety 56. Commissioner of Public Works 57. Commissioner of Traffic 58. Traffic Commission 59. Commissioner of Parking 60. Westchester County Planning Board 61. Environmental Officer 62. Environmental Findings Resolution ADOPTED 63. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of WPENT, Inc., for a three (3) year renewal of a Special Permit to operate a cabaret at the Wicked Wolf Tavern located at 166 Mamaroneck Avenue (Section 125.84, Block 7, Lot 5) subject to certain conditions contained herein. ADOPTED 64. Communication from Commissioner of Building in relation to an application submitted by Brazen Fox, for a three year renewal of a Special Permit for Cabaret Use at 175-179 Mamaroneck Avenue. F/S F/S 65 - 72 65. Commissioner of Planning 66. Planning Board 67. Commissioner of Public Safety 68. Commissioner of Public Works 69. Commissioner of Traffic 70. Traffic Commission 71. Commissioner of Parking 72. Environmental Officer 73. Environmental Findings Resolution ADOPTED 74. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of DR & RD Inc., for a three (3) year renewal of a Special Permit to operate a cabaret at the Brazen Fox Restaurant, bar and Catering, located at 175-179 Mamaroneck Avenue (Section 125,84, Bloc 6, Lot 10) subject to certain conditions contained herein. ADOPTED 75. Communication from Commissioner of Building in relation to an application submitted by Butterfield WP LLC, d/b/a of Lola’s Mexican Kitchen for a Special Permit for Cabaret Use at 147 Mamaroneck Avenue. F/S F/S 76 - 84 76. Commissioner of Planning 77. Planning Board 78. Commissioner of Public Safety 79. Commissioner of Public Works 80. Commissioner of Traffic 81. Traffic Commission 82. Commissioner of Parking 83. Westchester County Planning Board 84. Environmental Officer 85. Environmental Findings Resolution ADOPTED 86. Resolution of the Common Council of the City of White Plains approving the application submitted by Butterfield 8 WP LLC, in behalf of Lola’s Mexican Kitchen (“Applicant”) for a one year Special Permit to operate a cabaret located at 147 Mamaroneck Avenue (Section 125.84, Block 6, Lot 1) subject to certain conditions contained herein. ADOPTED 87. Communication from the City Clerk in relation to the designation of the Journal News as the Official Newspaper to publish legal notices as required by Public Officers Law Section 70-a. F/S 88. Resolution designating the Journal News as the Official Newspaper of the City of White Plains for the purchase of public notices. ADOPTED 89. Communication from Executive Director, White Plains Urban Renewal Agency in relation to a recommendation that the Section 8 Program be transferred from the  White Plains Urban Renewal Agency to the White Plains Housing Authority. F/S 89a. Environmental Findings Resolution ADOPTED 90. Resolution of the Common Council of the City of White Plains authorizing the transfer of the Section 8 Housing Choice Voucher Program from the White Plains Urban Renewal Agency to the White Plains Housing Authority. ADOPTED 7 - 0 90a. Communication from the Mayor in relation to a Home Rule Request for enactment of State legislation to extend the Sunset Provision on the local sales tax retained by the City of White Plains. F/S 90b. Resolution authorizing the certification of a Home Rule Request seeking enactment of State legislation amending Section 1210 of the Tax Law to extend the Sunset Provision in relation to the local sales tax retained by the City of White Plains (Assembly Bill. No. A03883) (Senate Bill No. S03406). ADOPTED ITEMS FOR REFERRAL: 91. Communication from Commissioner of Building in relation to an application submitted on behalf of La Gianna Rose, LLC, for site plan approval to develop a four story, 24 unit apartment building with approximately 1,800 sq. ft. of ground floor retail space at 42 Waller Avenue, Section 125.84, Block 5, Lots 4 and 5. 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. 92. Communication from Commissioner of Building in relation to an application submitted on behalf of Westchester Healthcare Properties I, LLC, for an extension of a Special Permit/Site Plan Approval for the construction of a 180 bed skilled nursing facility at 116-120 Church Street, (at the corner of Church and Barker Avenue), to be known as White Plains Institute of Rehabilitation and Healthcare. ACTION TAKEN TO F/S AND REFER HOWEVER, WAS NOT REFERRED AS HELD TO MARRY WITH THE SITE PLAN AMENDMENT REFERRAL IN MARCH. ITEMS FOR INFORMATION: 93. Communication from Corporation Counsel in relation to the approved management plan for the North Street Community Development and the notification by the Applicant to the City of a proposed change to provide for an interim parking easement for the Children’s Rehabilitation Center during the construction of the underground parking structure for the Senior Independent Living Facility. F/S 94. Communication from Commissioner of Finance transmitting the Interim Financial Report for the period ending December 31, 2012. F/S AND FILE ATTACHMENT. 95. Communication from Budget Director transmitting the Capital Projects Status Report for the period ending December 31, 2012. F/S AND FILE ATTACHMENT.