White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING August 5, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. Benjamin Boykin ROLL CALL: City Clerk ADJOURNED PUBLIC HEARING: 1. 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. ADJOURN TO 9/3/13 2. Communication from City Clerk 3. Public Hearing 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. OPEN/CLOSE 4. Communications from Commissioner of Building 5. Design Review Board 6. Commissioner of Planning 7. Planning Board 8. Commissioner of Public Safety 9. Commissioner of Public Works 10. Deputy Commissioner, Traffic Division 11. Traffic Commission 12. Commissioner of Parking 13. Westchester County Planning Board 14. Environmental Officer 15. Environmental Findings Resolution 16. Resolution of the Common Council of the City of White Plains extending for (A) an additional one (1) year the Special Permit/Site Plan Approval granted on February 7, 2011 and extended for one (1) year by resolution adopted on April 2, 2012, to Westchester Healthcare Properties I, LLC (“Applicant’) for a skilled nursing and rehabilitation facility to be known as the White Plains Institute of Rehabilitation and Healthcare to be located at 116-120 Church Street consisting of six (6) story, approximately 96,989 square foot building that will house 180 beds and include administrative and staff offices, common dining and recreation facilities, a second level outdoor landscaped plaza and a two (2) level parking garage; and (B) the instant amendment to modify the approved and extended Special Permit/Site Plan, including (1) reducing the number of beds from 180 to 160; (2) reducing the height of the building from 6 - 5 stories; (3) reducing the height of the building from 78 feet to 65 feet; (4) reducing the parking levels from 2 to 1; (5) increasing the number of on-site parking spaces from 29 to 49 spaces and requesting a Fee-in-Lieu payment for the balance of the required 4 spaces; (6) increasing the basement space; (7) reducing the gross floor area from 96,989 square feet to 88,605 square feet; (8) eliminating the curb cut on Barker avenue; (9) adding a rehabilitation gym over the garage at the second level roof garden and including a new additional roof garden on the third level; (10) reconfiguring the massing at the rear end corner of the building to accommodate the new garage entry ramp; (11) relocating the “back of house” support space from the basement level to the ground floor level; (12) relocating the loading access from ground level garage to the rear alley of the building and; (13) several architectural modifications. PUBLIC HEARINGS: 17. Public Hearing in relation to an application submitted by Vintage Restaurant for a Special Permit for Cabaret Use at 171 Main Street. OPEN/CLOSE 18. Communications from Commissioner of Building 19. Commissioner of Planning 20. Planning Board 21. Commissioner of Public Safety 22. Commissioner of Public Works 23. Deputy Commissioner, Traffic Division 24. Traffic Commission 25. Commissioner of Parking 26. Public Hearing in relation to an application submitted by Greenleaf WP, Inc., d/b/a Beechmont Tap Room and Grill, for a Special Permit for Cabaret Use at 211-213 East Post Road. OPEN/CLOSE 27. Communications from Commissioner of Building 28. Commissioner of Planning 29. Planning Board 30. Commissioner of Public Safety 31. Commissioner of Public Works 32. Deputy Commissioner, Traffic Division 33. Traffic Commission 34. Commissioner of Parking 35. Environmental Officer 36. Environmental Findings Resolution 37. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Greenleaf WP Inc. on behalf of Beechmont Tap Room and Grill (“Applicant”) for a one year Special Permit to operate a cabaret located at 211-213 East Post Road (Section 125.84, Block 4, Lot 5) subject to certain conditions contained herein. 38. Public Hearing in relation to an application submitted by MAK Corporation, d/b/a Elements Restaurant, for the renewal of a Special Permit for Cabaret Use at 161 Mamaroneck Avenue. ADJOURN TO 9/3/13 39. Communication from the City Clerk 40. Public Hearing in relation to an application submitted by Grace Church Community Center for the transfer of a Special Permit to operate an Overnight Shelter for the Homeless from 86 - 88 East Post Road to Grace Episcopal Church Parish Hall at 33 Church Street. OPEN/ADJOURN. 41. Communications from City Clerk 42. Commissioner of Building 43. Design Review Board 44. Planning Board 45. Commissioner of Public Safety 46. Commissioner of Public Works 47. Deputy Commissioner, Traffic Division 48. Traffic Commission 49. Commissioner of Parking 50. Public Hearing in relation to an application submitted by Grace Church Community Center for the transfer of a Special Permit to operate an Emergency Shelter for the Homeless, at 86 - 88 East Post Road to 234 Dr. Martin Luther King Jr. Blvd. OPEN/ADJOURN 51. Communications from Commissioner of Building 52. Design Review Board 53. Planning Board 54. Commissioner of Public Safety 55. Commissioner of Public Works 56. Deputy Commissioner, Traffic Division 57. Traffic Commission 58. Commissioner of Parking 59. Public Hearing in relation to an application submitted by Grace Church Community Center for the transfer of a Special Permit to operate a Social Service Center for Homeless Persons from 86 - 88 East Post Road to 234 Dr. Martin Luther King Jr. Blvd. OPEN/ADJOURN 60. Communications from Commissioner of Building 61. Design Review Board 62. Planning Board 63. Commissioner of Public Safety 64. Commissioner of Public Works 65. Deputy Commissioner, Traffic Division 66. Traffic Commission 67. Commissioner of Parking 68. Public Hearing in relation to a proposed amendment to the Zoning Ordinance regarding the definitions of “Day Care Centers” and “Nursery Schools”, referring the proposed Zoning Ordinance Amendment to appropriate City Departments, Boards and Commissions, and scheduling a public hearing for August 5, 2013. OPEN/CLOSE 69. Communications from Commissioner of Building 70. Design Review Board 71. Planning Board 72. Commissioner of Public Safety 73. Commissioner of Public Works 74. Deputy Commissioner, Traffic Division 75. Traffic Commission 76. Commissioner of Parking 77. Westchester County Planning Board 78. Environmental Officer 79. Environmental Findings Resolution 80. Second Reading Ordinance amending an ordinance entitled, “The Zoning Ordinance of the City of White Plains” with respect to amendments to revise the definitions of “Day Care Centers” and “Nursery Schools.” SECOND READING ORDINANCE: 81. Communication from Commissioner of Public Works in relation to a sanitary easement tendered by John Gregory Kourakos and Xiaoyun Kourakos and William Kronish and Jane Kronish shown on the Subdivision Map. 82. Ordinance accepting a sanitary easement tendered by John Gregory Kourakos and Xiaoyun Kourakos and William Kronish and Jane Kronish to modify a sanitary sewer easement shown on a certain map entitled, “Subdivision Map of Section One, Paul Properties- White Plains in the City of White Plains, Westchester County, New York.” FIRST READING ORDINANCES: 83. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. 84. Ordinance authorizing the settlement of certain tax review proceedings. 85. Communication from Corporation Counsel in relation to a previously adopted ordinance to amend an agreement between the City and the law firm of Lamb and Barnosky to act as Labor Counsel. 86. Ordinance of the Common Council amending an ordinance entitled, “An ordinance authorizing the Corporation Counsel to enter into an agreement with the law firm of Lamb and Barnosky to act as Labor Counsel from July 1, 2012 to June 30, 2013. 87. Communication from Corporation Counsel in relation to an extension of a license agreement between the City and Starbucks from September 2, 2013 to November 30, 23013. 88. Ordinance authorizing an extension to Starbucks to its time to exercise its first five year option under its license agreement with the City of White Plains dated October 20, 2003 from September 2, 2013 to November 30, 2013. 89. Communication from Corporation Counsel in relation to an amendment to a previously approved ordinance that authorized the retention of the law firm of Silverberg Zalantis LLP for legal services. 90. Ordinance of the Common Council of the City of White Plains amending an ordinance entitled, “An ordinance of the Common Council of the City of White Plains authorizing the Corporation Counsel to retain the law firm of Silverberg Zalantis LLP for legal services related to the review of the scoping document and draft and final environmental impact statements and other related documents in relation to the application submitted by the French American School of New York for special permit and site plan approval for a private elementary and secondary school and an accessory nursery school to be located at the approximately 129 acre property known as 400 Ridgeway.” 91. Communication from Deputy Commissioner, Traffic Division, in relation to an ordinance amending a previously adopted ordinance authorizing the hiring of the TRC Engineers, Inc., as consultants on traffic, transportation, noise and air quality issues. 92. Ordinance of the Common Council amending an ordinance entitled, “Ordinance of the Common Council of the City of White Plains authorizing the hiring of TRC Engineers, Inc., as a consultant to review those sections and appendices of the Final Draft Environmental Impact Statement prepared by the French American School of New York, dated July 9, 2012, concerning traffic and transportation, noise and air quality, and requiring the applicant to pay the cost thereof, and establishing a trust fund.” 93. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5397, Renovations to Fire Facilities FY -2014 (Fire Station No. 2) 94. Communication from Environmental Officer 95. Environmental Findings Resolution 96. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5397, entitled, Renovations to Fire Facilities FY -2014. 97. Bond Ordinance dated August 4, 2013, authorizing the issuance of $252,500 aggregate principal amount serial bonds of the City of White Plain, County of Westchester, State of New York, to finance the costs of the acquisition and reconstruction of Class A Buildings for municipal use. 98. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5404, Miscellaneous Storm Water Drains Reconstruction FY 2013/2014. 99. Communication from Environmental Officer 100. Environmental Findings Resolution 101. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5404, entitled Miscellaneous Storm Water Drain Reconstruction FY 2013/2014. 102. Bond Ordinance dated August 5, 2013, authorizing the issuance of $505,000 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 installation of storm water drainage system improvements. 103. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5405, Municipal Parking Lot Rehabilitation 2013-2014. 104. Communication from Environmental Officer 105. Environmental Findings Resolution 106. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5404 entitled, Municipal Parking Lot Rehabilitation 2013-2014. 107. Bond Ordinance dated August 5, 2013, authorizing the issuance of $303,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of the reconstruction and improvements to municipal parking areas. 108. Communication from Commissioner of Public Works in relation to a transfer of funds from the 2012-2013 General Fund Budget to reflect additional costs within the Department of Public Works during the renovation of the City Hall Annex. 109. Ordinance authorizing the transfer of funds from the 2012-2013 General Fund Budget in order to reflect additional costs within the Department of Public Works during the renovations of the City Hall Annex. 110. Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions on September 15, 2013, for the National Wellness Week kickoff event. 111. Ordinance of the Common Council of the City of White Plains authorizing the closure of Court Street (Between Martine and Main) and appropriate parking restrictions on September 15, 2013, for the kickoff event to celebrate National Wellness Week in White Plains. 112. Communication from Commissioner of Finance in relation to a contract with the firm of Ashpaugh & Sculco, CPA’s, to audit cable franchise and peg fees paid by Cablevision and Verizon. 113. Ordinance of the Common Council of the City of White Plains to enter into a contract with the firm of Ashpaugh & Sculco, CPAs, PLC, to audit cable franchise and peg fees paid by Cablevision and Verizon and providing funds from the General Fund Reserve for Financing. 114. Communication from Director, Youth Bureau, in relation to a contract with the County of Westchester through the Westchester Putnam Workforce Investment Board, to receive $28,800 in funding for a youth program under the Workforce Investment Act. 115. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee (acting by and through the Youth Bureau) to enter into a contract with the County of Westchester, acting on behalf of the Westchester Putnam Workforce Investment Board, tor receive $28,800 in funding for a youth program under the Workforce Investment Act (WIA) for the period beginning May 1, 2013 and ending September 30, 2013. 116. Communication from Director, Youth Bureau, in relation to a contract with the County of Westchester through the Westchester Putnam Investment Board and the Westchester Workforce Development Academy to continue youth employment services for youth 14 to 18. 117. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee (acting by and through the Youth Bureau), to enter into a contract with the County of Westchester, acting on behalf of the Westchester Putnam Investment Board through the Westchester Workforce Development Academy for Youth (WWDAY), to receive $81,732 in funding for Workforce Investment Act (WIA) youth employment services to out of school youth 14 to 18 years of age for the period beginning July 1, 2013 and ending June 30, 2014. 118. Communication from Director, Youth Bureau, in relation to a contract with the County of Westchester through the Westchester Putnam Investment Board and the Westchester Workforce Development Academy to continue youth employment services for youth 19 to 21. 119. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee (acting by and through the Youth Bureau), to enter into a contract with the County of Westchester, acting on behalf of the Westchester Putnam Investment Board through the Westchester Workforce Development Academy for Youth (WWDAY), to receive $81,732 in funding for Workforce Investment Act (WIA) youth employment services to out of school youth 19 to 21 years of age for the period beginning July 1, 2013 and ending June 30, 2014. 120. Communication from Acting Chairman, Traffic Commission, in relation to amendments to the Traffic Ordinance at various locations around the City. 121. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to modifying a “One Hour Parking” on the north and south sides of McBride Avenue, and modifying a “Two Hour Parking Monday through Friday” zone on both sides of Benedict Avenue. RESOLUTIONS: 122. Communication from Corporation Counsel In relation to a request submitted by Ron Black’s Beer Hall for a Special Permit for Cabaret Use at 181 Mamaroneck Avenue, and scheduling a public hearing for September 3, 2013. 123. Communication from Commissioner of Building in relation to a request submitted by Ron Black’s Beer Hall for a Special Permit for Cabaret Use at 181 Mamaroneck Avenue. F/S AND REFER TO LAW, BUILDING DEPT, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 124. Resolution of the Common Council of the City of White Plains scheduling a public hearing for September 3, 2013 in relation to the application submitted on behalf of Ron Blacks Beer Hall for a Special Permit to operate a cabaret at Ron Blacks Beer Hall located at 181 Mamaroneck Avenue. 125. Communication from Commissioner of Building in relation in relation to a requested submitted on behalf of Westchester Church of Christ for an amendment to a previously approved site plan for the construction of an addition at 511 North Street, to modify the building design with respect to the architectural layout and exterior design features to reduce the overall project cost, and for a site plan extension. 126. Communications from Design Review Board 127. Commissioner of Planning 128. Planning Board 129. Commissioner of Public Safety 130. Commissioner of Public Works 131. Deputy Commissioner, Traffic Division 132. Traffic Commission 133. Commissioner of Parking 134. Westchester County Planning Board 135. Environmental Officer 136. Environmental Findings Resolution 137. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Westchester Church of Christ (“Applicant”) for: (1) an additional one (1) year extension of the site plan approval originally granted on July 5, 2011 and extended on July 2, 2012 , for an amendment to its existing site plan to (A) construct an addition of a two (2) story addition of approximately 10,500 square feet to the existing Church located at 511 North Street, including a dedicated gathering hall six (6) classrooms, a kitchen, circulation space, mechanical and storage areas and additional restrooms; (B) a waiver under Section 8/7/3 of the Zoning Ordinance of the City of White Plains (“Zoning Ordinance”) of the improvement of eleven (11) of the seventy-one (71) required parking spaces associated with the proposed expansion; and ( C) a reduction of the ten (10) foot buffer requirement along the northerly side of the property in favor of a five (5) foot buffer and fence pursuant to Section 4.4.19.2 of the Zoning Ordinance and (2) the instant amendment to the aforementioned previously approved amended site plan to modify the building design with respect to the architectural layout and exterior design features. 138. Communication from Commissioner of Building in relation to an application submitted by Laurentano Sign Group on behalf of Crunch Fitness, a second floor tenant at One North Broadway, for an amendment to a previously approved site plan to permit the installation of exterior signs and graphics. 139. Communications from Design Review Board 140. Commissioner of Planning 141. Planning Board 142. Commissioner of Public Safety 143. Commissioner of Public Works 144. Deputy Commissioner, Traffic Division 145. Traffic Commission 146. Commissioner of Parking 147. Environmental Officer 148. Environmental Findings Resolution 149. Resolution of the Common Council of the City of White Plains approving the application submitted by the Laurentano Sign Group on behalf of Crunch Fitness (“Applicant”), a second floor tenant at One North Broadway, for amended site plan approval to permit the installation of new exterior signage and graphics to identify its space at the existing building at One North Broadway. ITEMS FOR REFERRAL: 150. Communication from Commissioner of Building in relation to a petition submitted on behalf of White Plains Hospital Medical Center to amend the Zoning Ordinance to change parcels at 71 East Post Road and 211 South Lexington Avenue from the B-3 Zoning District to the O-R Zoning Districts. F/S AND REFERRED TO LAW, PLANNING BOARD, AND ENVIRONMENTAL OFFICER. ITEMS FOR INFORMATION: 151. Communication from Director, Youth Bureau, transmitting the Annual Report for 2012. 152. Communication from Commissioner of Building in relation to a request submitted by RGS Energy for a proposed minor amendment to a previously approved site plan for the installation of solar panels at Stop & Shop Supermarket, 154 Westchester Avenue. 153. Communication from Commissioner of Building in relation to request submitted by Kensington Borrower LLC for a minor amendment to a previously approved site plan to convert a fifth floor outdoor patio into a year round sunroom at 100 Maple Avenue.  THE CITY OF WHITE PLAINS CAPITAL PROJECTS BOARD MUNICIPAL BUILDING 255 Main Street ! White Plains, New York 10601 Thomas M. Roach Chairman TO THE HONORABLE MEMBERS OF THE COMMON COUNCIL As part of a continuing program for Capital Improvements, the City=s Capital Projects Board has recommended the inclusion of miscellaneous storm water drain reconstruction in FY 2013/2014. The Department of Public Works (DPW) has identified storm water drain system deficiencies of a critical nature which result in chronic flooding or ice sheeting on the roadway during the winter months. The work includes drain pipe installation and/or rehabilitation, as well as related paving and curbing, along with the replacement of slab return (D-1 type) catch basins, and updating of NY State DEC stormwater management software. The major portion of this work will take place in the vicinity of South Kensico Avenue and Brockway Place, as well as on Saxon Wood Road, near Mamaroneck Avenue. Plans and Specifications for such work have been developed by the D.P.W. and publicly advertised. Contracts (either informal or formal type) will be awarded subject to applicable competitive bidding laws of the State of New York and the City of White Plains. Submitted herewith for your deliberation is an ordinance authorizing the Mayor to direct the Commissioner of Public Works to enter into various construction and engineering services contracts, as necessary, and further to direct the Budget Director to amend the Capital Projects fund by establishing Capital Project No.C5404, entitled AMiscellaneous Storm Water Drain Reconstruction FY 2013/2014,” with a budget as follows: REVENUES C5404-08810 Serial Bonds $505,000 EXPENDITURES C5404-4.005 Finance and Auditing $ 5,000 C5404-8.207 Storm Water Drains 500,000 $505,000 Finally, it is requested that the sale of $505,000 in Serial Bonds be authorized and that the Mayor be authorized to direct the Commissioner of Finance to advance funds, as necessary, from the General Fund pending the receipt of the bond proceeds, and to receive and disburse funds accordingly. Respectfully submitted, ___________________________ Thomas M. Roach, Chairman Capital Projects Board Dated: August 5, 2013 “The Birthplace of the State of New York” www.cityofwhiteplains.com  AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE COMMISSIONER OF FINANCE TO ENTER INTO A CONRACT WITH THE FIRM OF ASHPAUGH & SCULCO, CPAs, PLC TO AUDIT CABLE FRANCHISE & PEG FEES PAID BY CABLEVISION & VERIZON AND PROVIDING FUNDS FROM THE GENERAL FUND RESERVE FOR FINANCING. The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. The Mayor is hereby authorized to direct the Commissioner of Finance to enter into a contract with the firm of Ashpaugh & Sculco, CPAs, PLC to audit Cable Franchise & PEG Fees as defined in that firm’s proposal dated July 26, 2013 in the amount of $35,000. Section 2. Such agreement shall be in a form approved by the Corporation Counsel. Section 3. To provide the necessary funding for the contract amount of $35,000, the Mayor is hereby authorized to direct the Budget Director to transfer funds from the General Fund Reserve for Financing for FY 2013-2014 as follows: TRANSFER FROM: A002-9.990 Reserve for Financing $ 35,000 TRANSFER TO: A021-4.004 Consultants $ 35,000 Section 4. This ordinance shall take effect immediately.