White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING June 3, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. John M. Martin ROLL CALL: City Clerk APPOINTMENT: 1. Communication from the Mayor in relation to the appointment of Juli Smith as a member of the White Plains Housing Authority to a term which will expire on December 26, 2018. Tabled to July 1, 2013. LOCAL LAWS: 2. Public Hearing in relation to Introductory Local Law No. 2 of 2013. A Local Law establishing a moratorium prohibiting demolition of buildings and structures fifty (50) years old and older in a Light Industrial (L I) Zoning District in the City of White Plains.” Opened/Closed Items 3 - 6 F/S 3. Communication from Commissioner of Planning 4. Planning Board 5. City Clerk 6. Westchester County Planning Board 7. Local Law Introductory No. 2 of 2013. A Local Law establishing a moratorium prohibiting demolition of buildings and structures fifty (50) years old and older in a Light Industrial (L I) Zoning District in the City of White Plains.” Adopted 6 - 0. Nay: Mr. Kirkpatrick 8. Public Hearing in relation to Introductory Local Law No. 3 of 2013. A Local Law to amend Section 250 of Article X of the Charter of the City of White Plains in relation to the powers and duties of the Commissioner of Parking. Opened/Closed. 9. Local Law Introductory No. 3 of 2013. A Local Law to amend Section 250 of Article X of the Charter of the City of White Plains in relation to the powers and duties of the Commissioner of Parking. Adopted 7 - 0 10. Communication from the Personnel Officer F/S 11. Ordinance amending Section 2-5-81 of the White Plains Municipal Code by establishing certain position titles, and amending the 2013-2014 Table of Organization by adding and abolishing certain positions. ADOPTED 7 - 0 ADJOURNED PUBLIC HEARING: 12. Public Hearing 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. Opened/ Adjourned to July 1, 2013. Recusal: Mr. Krolian 13. Communication from City Clerk F/S PUBLIC HEARINGS: 14. Public Hearing in relation to an application submitted by Kollata Inc., d/b/a Alex’s Bar and Grille, for a Special Permit for Outdoor Dining in the front patio at 577 North Broadway, and scheduling a public hearing for June 3, 2013. OPENED/CLOSED ITEMS 15 - 24 F/S 15. Communications from Commissioner of Building 16. Commissioner of Planning 17. Planning Board 18. Commissioner of Public Safety 19. Commissioner of Public Works 20. Deputy Commissioner, Traffic Division 21. Traffic Commission 22. Commissioner of Parking 23. Westchester County Planning Board 24. Environmental Officer 25. Environmental Findings Resolution ADOPTED 26. Resolution of the Common Council of the City of White Plains granting the application made on behalf of Kollata, Inc., d/b/a Alex’s Bar and Grille located at 577 North Broadway for a Special Permit to allow outdoor dining on private property in front of the restaurant subject to the conditions contained herein. ADOPTED 27. Public Hearing in relation to an application submitted on behalf of Don Coqui Restaurant, 105 - 107 Mamaroneck Avenue, for a Special Permit for Outdoor Dining in the alleyway adjacent to the building. OPENED/ ADJOURNED TO JULY 1, 2013 FIRST READING ORDINANCES: 28. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. F/S 29. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 30. Communication from the Mayor in relation to the appointment of Corporation Counsel as Acting City Clerk on a temporary basis as provided for in Section 50 of the White Plains Charter. F/S 31. Ordinance of the Common Council of the City of White Plains authorizing pursuant to Section 50 of the Charter of the City of White Plains the appointment of Corporation Counsel and Chief of Staff John G. Callahan as City Clerk in the temporary absence of the City Clerk. ADOPTED 7 - 0 32. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. W5392. Replace/Reconstruct Various Water Lines FY 2012-2013. F/S 33. Communication from Environmental Officer F/S 34. Environmental Findings Resolution ADOPTED 35. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. W5392 entitled, Replace/Reconstruct Various Water Lines FY 2012-2013. ADOPTED 7 - 0 36. Bond Ordinance dated June 3, 2013, authorizing the issuance of $2,171,500 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of the improvements to the City’s water system. ADOPTED 7 - 0 37. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. W5396, Water Filtration Plant Rehabilitation-Design. F/S 38. Communication from Environmental Officer F/S 39. Environmental Findings Resolution ADOPTED 40. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. W5396, Water Filtration Plant Rehabilitation-Design. ADOPTED 7 - 0 41. Bond Ordinance dated June 3, 2013, authorizing the issuance of $252,500 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of the improvements to the City’s water system. ADOPTED 7 - 0 42. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5395, Library Interior Renovations, First Floor. F/S 43. Communication from Environmental Officer F/S 44. Environmental Findings Resolution 45. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5395, Library Interior Renovations, First Floor. ADOPTED 7 - 0 46. Bond Ordinance dated June 3, 2013, authorizing the issuance of $1,216,000 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 and reconstruction of Class A Buildings for municipal use. ADOPTED 7 - 0 47. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5394, Miscellaneous Street Reconstruction FY 2012-2013. F/S 48. Communication from Environmental Officer F/S 49. Environmental Findings Resolution ADOPTED 50. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5394 entitled, Miscellaneous Street Reconstruction FY 2012-2013. ADOPTED 7-0 51. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5393, Use of Force Training Simulator. F/S 52. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5393, Use of Force Training Simulator. ADOPTED 7 - 0 53. Communication from Commissioner of Public Works in relation to receipt of funds from the Federal Emergency Management Agency (FEMA) for expenses incurred during Hurricane Sandy. F/S 54. Ordinance of the Common Council of the City of White Plains authorizing the Budget Director to amend the FY 2012-2013 Public Works Budget to reflect the receipt and expenditure of funds in the amount of $588,000 from the Federal Emergency Management Agency (FEMA) for costs associated with Hurricane Sandy, and to direct the Budget Director to amend the FY 2012-2013 General Fund Budget to reflect receipt and appropriation of these funds. ADOPTED 7 - 0 55. Communication from Commissioner of Public Works in relation to a lease renewal agreement with Greyhound Lines, Inc., for the bus station at the Transcenter parking structure. F/S 56. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to enter into a lease renewal agreement with Greyhound Lines, Inc., renewing the lease for the bus station at the Transcenter parking structure. ADOPTED 7 - 0 57. Communication from Commissioner of Public Safety in relation to receipt of funds from the Federal Emergency Management Agency (FEMA) for expenses incurred during Hurricane Sandy. F/S 58. Ordinance of the Common Council of the City of White Plains authorizing the Budget Director to amend the FY 2012-2013 Public Safety Budget to reflect the receipt and expenditure of funds in the amount of $66,545, from the Federal Emergency Management Agency (FEMA) for costs associated with Hurricane Sandy and to direct the Budget Director to amend the FY 2012-2013 General Fund Budget to reflect the receipt and appropriation of these funds. ADOPTED 7 - 0 59. Communication from Commissioner of Finance in relation to an agreement between the City of White Plains and PMA Management Corp. for the adjusting of liability claims. F/S 60. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to enter into an agreement with PMA Management Corp. For the adjusting of liability claims. ADOPTED 7 - 0 61. Communication from Commissioner of Finance in relation to the sale of 5 and 9 Woodale Place acquired through foreclosure. F/S 62. Ordinance authorizing the sale of properties identified as Section 126.05,  Block 6, Lot 1.3 located at 5 Woodale Place, White Plains and Section 126.05, Block 6, Lot 1.2 located at 9 Woodale Place, White Plains. ADOPTED 7 - 0 63. Communication from Commissioner of Planning in relation to a loan from the Community Development Special Rehabilitation Fund for the YWCA of White Plains and Central Westchester, Inc., to rehabilitate stairwell safety hazards at 515 North Street. F/S 64. Ordinance authorizing a Community Development Special Rehabilitation Loan not to exceed $65,000 to the YWCA of White Plains and Central Westchester, Inc., for hazard remediation required to improve safety at the Activity Center on North Street. ADOPTED 7 - 0 65. Communication from Commissioner of Planning in relation to a loan from the Community Development Special Rehabilitation Fund for the YMCA of White Plains and Northern Westchester, Inc., for improvements to the residential portion of the building at 250 Mamaroneck Avenue. F/S 66. Ordinance authorizing a Community Development Special Rehabilitation Loan not to exceed $75,000, to the YMCA of White Plains and Northern Westchester, Inc., for improvements to the residential portion of the building at 250 Mamaroneck Avenue. ADOPTED 7 - 0 67. Communication from Commissioner of Recreation and Parks in relation to a revocable license agreement between the City and 707/709 Westchester Avenue SPE LLC, and 925/1025 Westchester Avenue SPE LLC for use of their parking lots in connection with the City of White Plains Independence Day Celebration. F/S 68. Ordinance authorizing the Mayor to enter into a revocable license agreement with 707/709 Westchester Avenue SPE LLC, and 925/1025 Westchester Avenue SPE LLC for use of their parking lots in connection with the City of White Plains Fireworks Display. ADOPTED 7 - 0 69. Communication from Commissioner of Recreation and Parks in relation to a donation of three barrel planters from SPARC, an organization that enhances the lives of people with developmental disabilities through therapeutic recreation. F/S 70. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to accept, on behalf of the City of White Plains, a donation of three barrel planters from SPARC, an organization that enhances the lives of people with developmental disabilities through therapeutic recreation. ADOPTED 7 - 0 71. Communication from Director, Youth Bureau, in relation to a contract with the County of Westchester, Department of Social Services, with the Urban League of Westchester County, Inc., to assist the Youth Bureau in hiring job seekers referred from the Department of Social Services. F/S 72. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a contract with the County of Westchester, acting by and through its Department of Social Services, to assist the Youth Bureau in hiring job seekers referred from the Department of Social Services to provide job search and job readiness activities for a maximum of four weeks. ADOPTED 7 - 0 73. Communication from Director, Youth Bureau, in relation to a sub-contract with Planned Parenthood Hudson Peconic, Inc., to receive a grant to support the Comprehensive Adolescent Pregnancy Prevention Program (CAPP). F/S 74. Ordinance authorizing the Mayor or his designee to enter into a sub- contract with Planned Parenthood Hudson Peconic, Inc., a contractor for the New York State Department of Health, to receive a grant to the White Plains Youth Bureau to support the Comprehensive Adolescent Pregnancy Prevention Program (CAPP) and to amend the FY 2012-2013 Youth Development Fund to reflect said grant. ADOPTED 7 - 0 75. Communication from Director, Youth Bureau, in relation to an agreement between the City of White Plains and Measurement, Inc., to provide evaluation services for all 21st Century Community Learning Center Programs. F/S 76. Ordinance of the Common Council of the City of White Plains amending an ordinance adopted on October 1, 2012 entitled, “An ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to execute on behalf of the City of White Plains a contract with Measurement, Inc., to provide evaluation services for all 21st Century Community Learning Center Programs.” ADOPTED 7 - 0 77. Communication from Acting Chairman, Traffic Commission, in relation to proposed changes to the Traffic Ordinance at various locations around the City. F/S 78. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to modifying a “One Hour Parking” Zone on the north and south sides of Fisher Avenue; creating a “Two Hour Parking” Zone on the North and South sides of Fisher Avenue; creating a “Two Hour Parking” Zone on the west side of Irving Place; creating a ‘No Standing 7:00 AM - 5:00 PM School Days Only” for the south side of Fisher Court; deleting a “One Hour Parking” Zone on the west side of North Broadway; creating a “Half Hour Parking” Zone on the west side of North Broadway; and modifying a “Two Hour Parking” Zone on the west side of North Broadway.  ADOPTED 7 - 0 RESOLUTIONS: 79. Communication from Corporation Counsel in relation to an application submitted on behalf of White Plains Health Care Properties I, LLC, for an extension of a Special Permit/Site Plan Approval and a proposed site plan amendment for the construction of a skilled nursing facility at 116-120 Church Street, to be known as White Plains Institute of Rehabilitation and Healthcare, changing the size and scope of the project to reduce from 179 beds to 160, from six stories to five; and other reductions, and scheduling a public hearing for July 1, 2013. F/S 80. Communication from Commissioner of Building 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, ENVIRONMENTAL OFFICER. 81. Resolution of the Common Council of the City or White Plains scheduling a public hearing for July 1, 2013, in relation to the application submitted on behalf of Westchester Health Care Properties I, LLC (“Applicant”) for an amendment to a previously approved Special Permit/Site Plan for the development of a skilled nursing and rehabilitative facility to be located at 166-120 Church Street, and to be known as the White Plains Institute of Rehabilitation and Healthcare.” ADOPTED 82. Communication from Corporation Counsel in relation to an application submitted on behalf of BLT Restaurant, for a Special Permit for Outdoor Dining on the front patio at 221 Main Street, and scheduling a public hearing for July 1, 2013. F/S 83. Communication from Commissioner of Building 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, ENVIRONMENTAL OFFICER. 84. Resolution of the Common Council of the City of White Plains scheduling a public hearing for July 1, 2013 in relation to an application submitted on behalf of BLT Restaurant (“Applicant”) for a Special Permit for Outdoor Dining on private property at the front of the Restaurant located on the ground floor of 221 Main Street (3 Renaissance Square), Section 125.67, Block 7, Lot 2.13. ADOPTED 85. Communication from Commissioner of Planning in relation to applications submitted by Grace Church Community Center, LLC., for Special Permits to operate a Homeless Shelter, an Emergency Shelter and Social Services Center at 86-88 East Post Road, and an amendment to a previously approved site plan. F/S 86. Communication from Environmental Officer F/S 87. Environmental Findings Resolution ADOPTED 88. Resolution of the Common Council of the City of White Plains approving pursuant to Sections 6.5 and 6.7.19 fo the Zoning Ordinance, an amendment to a Special Permit for an Emergency Shelter to be located on the third floor at 86-88 East Post Road, after completion of renovations and modifications to such premises as are approved by the Common Council by site plan amendment resolution adopted June 3, 2013. ADOPTED 89. Resolution of the Common Council of the City of White Plains approving an amendment to a Special Permit for an Overnight Shelter for the Homeless to be located on the second floor of 86-88 East Post Road after completion of renovations and modifications to such premises as are approved by the Common Council by site plan amendment resolution adopted June 3, 2013. ADOPTED 90. Resolution of the Common Council of the City of White Plains approving pursuant to Sections 6.5 and 6.7.22 of the Zoning Ordinance, an amendment to a Special Permit for a Social Services Center for Homeless Persons, to be located in the basement and on the first floor of 86-88 East Post Road after completion of renovations and modifications to such premises as are approved by the Common Council by site plan amendment adopted June 3, 2013. ADOPTED 91. Communication from Commissioner of Building in relation to an application submitted by Grace Church Community Center, LLC, for an amendment to a previously approved site plan to renovate and expand the Open Arms Men’s Shelter operated at 86-88 East Post Road. F/S ITEMS 92 - 100 F/S 92. Communications from Design Review Board 93. Planning Board 94. Commissioner of Public Safety 95. Commissioner of Public Works 96. Deputy Commissioner, Traffic Division 97. Traffic Commission 98. Commissioner of Parking 99. Westchester County Planning Board 100. Environmental Officer 101. Environmental Findings Resolution ADOPTED 102. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of the Grace Church Community Center (“Applicant”) for (A) a one (1) year extension of amended site plan approval granted by the Common Council on May 7, 2012 for an amendment to its original previously approved site plan for the project commonly known as Grace Church Community Center Open Arms Men’s Shelter located at 86-88 East Post Road to renovate and expand the  building to accommodate the facility’s programs by the addition of an enclosed rear stair/elevator tower and a new third floor that is approximately 4,400 sq. ft. in area to increase the total building square footage to approximately 17,000 square feet and make modifications to the parking lot; and (B) for the instant amendment to the aforementioned previously approved amended site plan to reduce the size of the new third floor from approximately 2,900 square feet to approximately 1,900 square feet for a total area of approximately 16,000 square feet; using a flat membrane roof as opposed to a sloped metal roof; and the elimination of photovoltaic panels from the roof. ADOPTED 103. Communication from Commissioner of Public Works in relation to the Hazard Mitigation Plan for the City of White Plains for information and review in preparation for adoption as required by the Federal Emergency Management Agency (FEMA). F/S 104. Resolution of the Common Council of the City of White Plains authorizing the Mayor to direct the Commissioner of Public Works to forward the City’s Draft Multi-Hazard Mitigation Plan to the New York State Office of Emergency Management (NYS OEM) and continue to address any of the NYS OEM’s comments and recommendations. ADOPTED 105. Communication from the Mayor in relation to the adoption of a Complete Streets Policy for the City of White Plains. F/S 106. Resolution of the Common Council of the City of White Plains establishing a Complete Streets Policy for the City of White Plains. ADOPTED 107. Communication from the City Clerk in relation to a request submitted by Enver Balidermaj, for a waiver of the 30 day notification requirement set forth in the New York Alcoholic Beverage Control Law, for a liquor license at 324 Central Avenue. F/S 108. Resolution of the Common Council of the City of White Plain 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 Enver Balidermaj or an LLC to be formed, located at 324 Central Park Avenue for a license to sell alcoholic beverages. ADOPTED 109. Communication from the Personnel Officer in relation to the creation of two positions at the White Plains Housing Authority. F/S 110. Resolution of the Common Council of the City of White Plains for the approval of the salary grades of certain positions of the White Plains Housing Authority. ADOPTED 111. Communication from the Executive Director, Urban Renewal Agency, in relation  to the contract for sale of land for private redevelopment by and between the White Plains Urban Renewal Agency, The City of White Plains, and LCOR 55 Bank Street LLC, (the LCOR IDA”) to amend the installment payment schedule for the third and fourth installment payments, and amend the requirement for the City and Agency to reimburse the developer for remediation to the property. WITHDRAWN 112. Resolution approving a second amendment to the “Contract for Sale of Land for Private Redevelopment by and between the White Plains Urban Renewal Agency (“Agency”), the City of White Plains (“City”), and LCOR 55 Bank Street LLC (“LCOR”) (“the LCOR LDA”), approved by the Agency on May 23, 2007 and by the Common Council on June 14, 2007, as amended by the “First Amendment to “Contract for Sale of Land for Private Redevelopment”, approved by the Agency on July 17, 2008 and approved by the Common Council on August 8, 2008, to amend the installment payment schedule for the third and fourth installment payments, and amend the requirement for the City and Agency to reimburse the developer for remediation of the property. WITHDRAWN ITEMS FOR REFERRAL: 113. Communication from Commissioner of Building in relation to an amended petition submitted on behalf of Urstadt Biddle Properties, Inc., to amend the Zoning Ordinance to reclassify the current Westchester Pavilion site, 60 South Broadway, from the B-6, Enclosed Mall Zoning District, to the CB-3, Central Business 3 District. F/S AND REFERRED TO LAW, PLANNING BOARD AND ENVIRONMENTAL OFFICER. 114. Communication from Commissioner of Planning in relation to a proposed amendment to the Zoning Ordinance in relation to the definitions of “Day Care Centers” and “Nursery Schools.” F/S AND REFER TO LAW, PLANNING BOARD AND ENVIRONMENTAL OFFICER. 115. Communication from Commissioner of Building in relation to an application submitted on behalf of the Salvation Army, for a site plan extension on a previously approved site plan to expand and improve the existing Place of Worship located at 16 Sterling Avenue, by extending south along New York 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, ENVIRONMENTAL OFFICER.