White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING September 3, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. John Kirkpatrick ROLL CALL: City Clerk APPOINTMENT: 1. Communication from the Mayor in relation to the appointment of Lloyd Tasch as City Assessor to a term which will expire on September 30, 2019. F/S/A ADJOURNED PUBLIC HEARING: 2. 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. WITHDRAWN AT APPLICANT’S REQUEST. 3. Communication from City Clerk F/S 4. 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 10/7/13 5. Communication from the City Clerk F/S 6. 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. CLOSED ITEMS 6a - 7 F/S 6a. Communication from Commissioner of Planning 7. Environmental Officer 8. Environmental Findings Resolution ADOPTED 9. Resolution of the Common Council of the City of White Plains approving pursuant to Section 6.5 and 6.7.20 of the Zoning Ordinance the temporary transfer of a Special Permit for an Overnight Shelter for the Homeless from the permanent shelter facility at 86-88 East Post Road to a temporary facility at 33 Church Street during the 12-24 month construction period for the renovation and expansion of the permanent shelter as approved by the Common Council by site plan amendment resolution adopted June 3, 2013. ADOPTED 10. 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. CLOSED ITEMS 11 & 12 F/S 11. Communication from Commissioner of Building 12. Environmental Officer 13. Environmental Findings Resolution ADOPTED 14. Resolution of the Common Council of the City of White Plains approving pursuant to Section 6.5 and 6.7.19 of the Zoning Ordinance the temporary transfer of a Special Permit for an Emergency Shelter from the permanent shelter facility at 86-88 East Post Road to a temporary facility at 234 martin Luther King Jr. Boulevard during the 12-24 month construction period for the renovation and expansion of the permanent shelter as approved by the Common Council by site plan amendment resolution adopted June 3, 2013. ADOPTED 15. 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. CLOSED 16. Communication from Environmental Officer F/S 17. Environmental Findings Resolution ADOPTED 18. Resolution of the Common Council of the City of White Plains approving pursuant to Section 6.5 and 6.7.22 of the Zoning Ordinance the temporary transfer of a Special Permit for a Social Service Center for the Homeless from the permanent shelter facility at 6-88 East Post Road to a temporary facility at 234 Rev. Dr. Martin Luther King Jr. Boulevard during the 12-24  month construction period for the renovation and expansion of the permanent shelter as approved by the Common Council by site plan amendment adopted June 3, 2013. ADOPTED PUBLIC HEARING: 19. Public Hearing In relation to a request submitted by Ron Black’s Beer Hall for a Special Permit for Cabaret Use at 181 Mamaroneck Avenue. PUBLIC NOTICE NOT PERFECTED ADJOURNED TO OCTOBER 7, 2013. ITEMS 20 - 28 F/S 20. Communications from Commissioner of Building 21. Commissioner of Planning 22. Planning Board 23. Commissioner of Public Safety 24. Commissioner of Public Works 25. Deputy Commissioner, Traffic Division 26. Traffic Commission 27. Commissioner of Parking 28. Environmental Officer 29. Environmental Findings Resolution TABLED 30. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of 181A Associates, Inc., d/b/a Ron Black’s Beer Hall (“Applicant”) for a one year Special Permit to operate a cabaret at Ron Black’s Beer Hall located at 181 Mamaroneck Avenue (Section 125.84, Block 6, Lot 9.1) subject to certain conditions contained herein. TABLED FIRST READING ORDINANCES: 31. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. F/S 32. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 33. Communication from Corporation Counsel in relation to the employment of appraisers in connection with the defense of tax review and small claims proceedings. F/S 34. Ordinance approving employment of appraisers in connection with the defense of tax review and small claims assessment review proceedings for Fiscal Year 2013-2014. ADOPTED 7 - 0 35. Communication from Corporation Counsel in relation to the retention of labor counsel. F/S 36. Ordinance authorizing the Corporation Counsel to retain Labor Counsel from July 1, 2013 to June 30, 2014. ADOPTED 7 - 0 37. Communication from Corporation Counsel in relation to the employment of Special Counsel to provide services relating to the disposition of cases involving injuries or long-term illness in the Department of Public Safety. F/S 38. Ordinance authorizing the Corporation Counsel to employ Special Counsel to provide services relating to the disposition of cases involving injuries or long-term illness in the Department of Public Safety. ADOPTED 7-0 39. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5408, City Fuel Site Upgrades. F/S 40. Communication from Environmental Officer. F/S 41. Environmental Findings Resolution ADOPTED 42. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5408, City Fuel Site Upgrades. ADOPTED 7 - 0 43. Bond Ordinance dated September 3, 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 acquisition of equipment, machinery and apparatus for fuel site monitoring improvements. ADOPTED 7 - 0 44. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5407, Tibbits Park Improvements, Phase II. F/S 45. Communication from Environmental Officer. F/S 46. Environmental Findings Resolution ADOPTED 47. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5407, Tibbits Park Improvements, Phase II. ADOPTED 7 - 0 48. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5406, Battle Whitney Park Improvements, Phase I. F/S 49. Communication from Environmental Officer. F/S 50. Environmental Findings Resolution ADOPTED 51. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5406, Battle Whitney Park Improvements, Phase I. ADOPTED 7 - 0 52. Communication from Commissioner of Public Works in relation to the closure of certain public streets on a rolling basis, and appropriate parking restrictions, on September 22, 2013 for the Pink Glove Dance in support of the Dickstein Cancer Center. F/S 53. Ordinance of the Common Council of the City of White Plains authorizing the closure of certain public streets and appropriate parking restrictions on September 22, 2013, for the Pink Glove Dance Walk for breast cancer public awareness event sponsored by the City of White Plains and White Plains Hospital Center. ADOPTED 7 - 0 54. Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions on September 21, 2013 for the Westchester Children’s Book Festival. F/S 55. Ordinance of the Common Council of the City of White Plains authorizing the closure of certain public streets and appropriate parking restrictions on September 21, 2013, for the Westchester Children’s Book Festival sponsored by the City of White Plains, White Plains Library Foundation and Westchester Children’s Book Festival. ADOPTED 7 - 0 56. Communication from Commissioner of Public Safety in relation to an agreement with the County of Westchester for prisoner transportation. F/S 57. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to enter into a prisoner transportation agreement with the County of Westchester. ADOPTED 7 - 0 58. Communication from Commissioner of Finance in relation to amending the General Fund Budget for Fiscal Year 2013-2014, and providing funding for the same from the Fiscal Year 2012-2013 Debt Service Fund, Self Insurance Fund and increasing the Recreation and Open Space fund commitment, as well as approving budget transfers within the Fiscal Year 20 12-2013 Water Fund and Self Insurance Fund Budgets. F/S 59. Ordinance amending the General Fund Budget, for Fiscal Year 2013-2014 to provide funds to pay an outstanding pension amortization commitment and assigning funds in Fiscal Year 2012-2013 to provide the funding  source for said payment; increasing the General Fund contribution to the Debt Service Fund in Fiscal Year 2012-2013; increasing the General Fund contribution to the Self Insurance Fund in Fiscal Year 2012-2013; increasing in the General Fund the commitment to Recreation and Open Space; approving budget transfers within the Fiscal Year 2012-2013 Water Fund Budget and amending the Fiscal Year 2012-2013 Self Insurance Fund Budget for Workers’ Compensation Reserves. ADOPTED 7-0 60. Communication from Director, Youth Bureau, in relation to an amendment to a previously adopted ordinance awarding an addition $3,000 from the New York State Office of Alcohol and Substance Abuse OASAS to support Wellness Week - Family Day 2013, and bring the total award to $184,299. F/S 61. Ordinance amending an ordinance adopted February 4, 2013 entitled, “Ordinance of the Common Council authorizing the Mayor to enter into a contract with the County of Westchester Department of Community Mental Heath in order to receive $181,299 in funding to continue the Project Hope Program through the New York State Office of Alcohol and Substance Prevention Services to the City of White Plains.” ADOPTED 7 - 0 62. Communication from Director, Youth Bureau, in relation to a donation of 3,000 USB drives from Privilege Underwrites Reciprocal Exchange (PURE), to benefit the children and community of the City of White Plains. F/S 63. 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 approximately 3,000 USB drives to the White Plains Youth Bureau from Privilege Underwriters Reciprocal Exchange (PURE), to benefit the children and community of the City of White Plains. ADOPTED 7 - 0 64. Communication from Director, Youth Bureau, in relation to a donation in the amount of $10,000 from Webster Bank to support the Youth Employment Program and the Step Up Program. F/S 65. 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, through its Youth Bureau, a donation from Webster Bank to support the Youth Bureau’s Youth Employment Program for the period January 1, 2014 to December 31, 2014, and Step Up Program and to amend the FY 2013/2014 Youth Development Fund to reflect said donation. ADOPTED 7-0 66. Communication from the Mayor in relation to the extension of compensatory benefits to City officers and employees who are members of the Armed Forces  Reserves. F/S 67. Ordinance amending an ordinance entitled, “An ordinance granting compensatory benefits for up to six months to City officers and employees who are members of the Armed Forces Reserves and who are ordered to active military duty pursuant to Executive Order 13223 signed by the President of the United States on September 14, 2001, or other duty compelled by Federal or State Law related to the terrorist attacks of September 11, 2001.” ADOPTED 7 - 0 68. Communication from Acting Chairman, Traffic Commission, in relation to amendments to the Traffic Ordinance at various locations around the City. F/S 69. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to modifying a “One Hour Parking” on the east side of North Broadway; creating a “No Stopping At Any Time” Zone on the east side of North Broadway; and creating a “Two Hour Parking - Monday through Friday”Zone on the north side of Prospect Street. ADOPTED 7 - 0 RESOLUTIONS: 70. Communication from Corporation Counsel in relation to a petition submitted on behalf of White Plains Hospital Center and Post Development Corporation, for an amendment to the Zoning Ordinance of the City of White Plains to re-map two parcels of land owned by White Plains Hospital from the B-3 Intermediate Business Zoning District to the O-R Zoning District, and scheduling a public hearing for October 7, 2013. F/S 71. Communication from Planning Board F/S 72. Communication from Commissioner of Building. F/S AND REFERRED TO LAW, BUILDING DEPT, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 73. Resolution of the Common Council of the City of White Plains scheduling a public hearing for October 7, 2013, in relation to the petition submitted on behalf of applicant White Plains Hospital Center and its wholly owned subsidiary, Post Development Corporation (“Applicant”), for a proposed amendment to the Zoning Ordinance of the City of White Plains to re-map two (2) parcels of land utilized by White Plains Hospital from the B-3 (Intermediate Business) Zoning District to the O-R Zoning District to allow future development of hospital related uses as permitted Principal Uses on these parcels as they are contiguous to the Hospital Campus which is already mapped within the O-R Zoning District. ADOPTED 74. Communication from Corporation Counsel in relation to an application submitted by Lazy Lounge, for a Special Permit for Cabaret Use at 152 Mamaroneck Avenue, and scheduling a public hearing for October 7, 2013. F/S 75. Communication from Commissioner of Building. F/S AND REFERRED TO LAW, BUILDING DEPT, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 76. Resolution of the Common Council of the City of White Plains scheduling a public hearing for October 7, 2013 in relation to the application submitted on behalf of J.N.J. Enterprises, Inc., d/b/a the Lazy Lounge for a Special Permit to operate a cabaret at 152 Mamaroneck Avenue. ADOPTED 77. Communication from City Clerk in relation to an application submitted on behalf of Vintage Restaurant for a Special Permit for Cabaret Use at 171 Main Street. F/S 78. Communication from Environmental Officer. F/S 79. Environmental Findings Resolution ADOPTED 80. Resolution of the Common Council of the City of White Plains approving the application submitted by Last Call Inc., d/b/a Vintage Restaurant and Bar, for a Special Permit to operate a cabaret at 171 Main Street (Section 125.75, Block 2, Lot 3) subject to certain conditions contained herein. ADOPTED 81. Communication from Chairman, Memorialization Committee, in relation to the renaming of Battle Whitney Park to Battle of White Plains Park. F/S 82. Communication from Chairman, Recreation Advisory Committee F/S 83. Resolution of the Common Council of the City of White Plains renaming Battle Whitney Park to Battle of White Plains Park. ADOPTED 84. Communication from Environmental Officer in relation to a petition submitted on behalf of Urstadt Biddle Properties, Inc., to amend the Zoning Ordinance of the City of White Plains to re-map 60 South Broadway from the B-6 Zoning District to the CB-3 Zoning District, and to refer a proposed Scoping Outline of issues to be addressed in the Draft Generic Environmental Impact Statement. F/S 85. Environmental Findings Resolution regarding referral of a Scoping Outline in relation to a petition by Urstadt Biddle Properties, Inc., to amend the City of White Plains Zoning Ordinance to re–map 60 South Broadway (“The Project Site”) from the B-6 District to the CB-3 District and to include  the Project Site in the Central Parking Area (CPA). ADOPTED ITEMS FOR REFERRAL: 86. Communication from Commissioner of Building in relation to a petition to amend the Zoning Ordinance of the City of White Plains 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, BUILDING DEPT., DESIGN REVIEW, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 87. Communication from Commissioner of Building in relation to a petition submitted on behalf of Family Services of White Plains, Inc., to amend the Zoning Ordinance of the City of White Plains to allow “Nursery Schools” and “Day Care Centers” as a permitted use by Special Permit in the R 2 - 4 Zoning District when located on County or State roads, and designating the Common Council as the approving authority for the Special Permit. F/S AND REFERRED TO LAW, PLANNING BOARD AND ENVIRONMENTAL OFFICER. ITEMS FOR INFORMATION: 88. Communication from Commissioner of Finance transmitting the Capital Improvement Program Status Report as at June 30, 2013. F/S AND ATTACHMENT FILED.