White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING November 4, 2013 7:30 P.M. PLEDGE TO THE FLAG: Cub Scouts White Plains Pack 5 Weblelos 1 YOUTH OF THE YEAR: Brian LaPlaca City of White Plains Youth of the Year RECOGNITION: Kevin Nunn, Director White Plains Business Improvement District Small Business Month ROLL CALL: City Clerk APPOINTMENTS: 1. Communication from the Mayor in relation to appointment of Pastor Jonathan Bagwell as a Member of the Youth Board, and the appointment of Alisa Choubay, Raina Kadavil and Jackie Rayo as Youth Members. F/S/A ADJOURNED PUBLIC HEARINGS: 2. 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. OPENED/ADJOURNED TO JANUARY 6, 2014. 3. Communication from the City Clerk F/S PUBLIC HEARING: 4. Public Hearing in relation to a petition 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 Agency for the Special Permit. OPENED/CLOSED ITEMS 5 - 13 5. Communications from Commissioner of Building 6. Design Review Board 7. Commissioner of Planning 8. Commissioner of Public Safety 9. Commissioner of Public Works 10. Deputy Commissioner, Traffic Division 11. Traffic Commission 12. Commissioner of Parking 13. Environmental Officer 14. Environmental Findings Resolution ADOPTED 15. Ordinance amending an ordinance entitled, “The Zoning Ordinance of the City of White Plains” in relation to amending Section 5.1, Schedule of Use Regulations to allow for Nursery Schools and Day Care Centers to be a Special Permit Use in the R 2-4 Zoning District; amending Section 5.2, List of Use Regulations District: R 2-4 by adding Nursery Schools and Day Care Centers located on County or State Highways as a Special Permit Use; amending Section 6.2.1.21, to have the Common Council as the Approving Agency for Special Permit Uses for Nursery Schools and Day Care Centers located in the R 2-4 Zoning District; and adding a new Section 6.7.30 to allow Nursery Schools and Day Care Centers in a R 2-4 District provided that they are located on a County or State Highway. ADOPTED 6 - 0. RECUSAL MR. MARTIN 16. Public Hearing 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. OPENED/ADJOURNED TO DEC 2, 2013 16a. Communication from the City Clerk F/S 17. Public Hearing in relation to the application, submitted on behalf of White Plains Hospital Center, for an amendment to its existing amended Special Permit and Site Plan granted by the Common Council on September 8, 2009, for a Hospital Modernization Plan, to allow, inter alia, (A) in lieu of a new 100,000 square foot hospital office building (HOB) on the Hospital’s  single development site, the demolition of an existing mixed use building at 71 East Post Road and the construction of a new six (6) story , 37,000 square foot, building on the site, connecting the HOB to the existing Dickstein Cancer Center Building at 2-4 Longview Avenue; (B) a new two- story addition to the existing Dickstein Cancer Center Building creating a modified drop-off and valet area ; ( C) an overall amendment to the Master Plan of the Hospital; (D) an increase to the current maximum building coverage of 65% to 70%; (E) approval of valet parking for patients and visitors to the Dickstein Cancer Center and the HOB; (F) the elimination of one (1) ADA accessible parking space along Longview Avenue in front of the Dickstein Cancer Center to facilitate a proposed change to the vehicular circulation; and (G) a three (3) year extension to the approval resolution adopted September 8, 2009, set to expire September 2, 2014. OPENED/CLOSED ITEMS 18 - 28 F/S 18. Communications from Commissioner of Building 19. Design Review Board 20. Commissioner of Planning 21. Planning Board 22. Commissioner of Public Safety 23. Commissioner of Public Works 24. Deputy Commissioner, Traffic Division 25. Traffic Commission 26. Commissioner of Parking 27. Westchester County Planning Board 28. Environmental Officer 29. Environmental Findings Resolution ADOPTED 30. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of White Plains Hospital Center (“Applicant”) for an amendment to a previously approved Special Permit and Site Plan Amendment and for a Hospital Modernization Plan, granted by the Common Council on September 8, 2009, to allow, inter alia, (A) in lieu of a new 100,000 sq. ft. hospital office building (HOB) on the Hospital’s single development site, the demolition of an existing mixed use building at 71 East Post Road, and the construction of a new six (6) story HOB, of approximately 37,000 sq. ft., on the site, connecting the HOB to the existing Dickstein Cancer Center Building at -4 Longview Avenue on the first, second and third floors; (B) a new two story addition to the existing Dickstein Cancer Center Building creating a modified drop-off and valet area linking the Dickstein Cancer Center to share a single entrance area; ( C) an overall amendment of the Master Plan of the Hospital; (D) an increase to the current maximum building coverage of 65% to 70%, and pursuant to Section 6.7 of the Zoning Ordinance, a waiver of the Special Permit Standard regarding coverage at Section 6.7.4.7 of the Zoning Ordinance; (E) approval of valet parking for patients and visitors to the Dickstein Cancer Center and the HOB: (F) the elimination of one (1) ADA  accessible parking space along Longview Avenue in front of the Dickstein Cancer Center to facilitate a propose change to the vehicular circulation; and (G) a three (3) year extension of the aforementioned approval resolution adopted September 8, 2009, set to expire September 2, 2014, as amended herein. ADOPTED 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 a contract to retain the law form of Andrew Roffe Group, PC, as Special Counsel for legislative affairs. F/S 34. Ordinance authorizing the Corporation Counsel to enter into an agreement retaining the services of the law firm Andrew Roffe Group, P.C., as Special Counsel for the period November 15, 2013 through November 14, 2014. ADOPTED 7 - 0 35. Communication from Corporation Counsel in relation to an extension of time for Starbucks to exercise a five year option, from November 30, 2013 to December 31, 2013. F/S 36. 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 November 30, 2013 to December 31, 2013. ADOPTED 7 - 0 37. Communication from Corporation Counsel in relation to a amendment to a lease agreement between the City of White Plains and New York SMSA Limited Partnership. F/S 38. Ordinance approving a second amendment to a certain lease agreement dated May 11, 1995, between the City of White Plains and New York SMSA Limited Partnership, previously assigned to Crown Atlantic Company LLC, to amend the aforesaid lease agreement dated May 11, 1995, to include an additional three, five year options. ADOPTED 7 - 0. 39. Communication from Corporation Counsel in relation to a lease between  the City and WP Housing Company, Inc., for a community facility space in a new building at One South Lexington Avenue. F/S 40. Ordinance approving a lease between the WP Housing Company, Inc., and the City of White Plains for a community facility space in the proposed new building at One South Lexington Avenue. ADOPTED 7 - 0 41. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5409, Mamaroneck Avenue Signalization II. F/S 42. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5409, Mamaroneck Avenue Signalization II. ADOPTED 7 - 0 43. Bond Ordinance dated November 4, 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 acquisition of traffic signals and traffic signal systems. ADOPTED 7 - 0 44. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5410, Electronic Device Replacement: Police and Fire. F/S 45. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5410 entitled, Electronic Device Replacement: Police and Fire. ADOPTED 7 - 0 46. Bond Ordinance dated November 4, 2013, authorizing the issuance of $156,500 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 and installation of fire or police alarm, telephone, or other system of communication or transmission. ADOPTED 7 - 0 47. Communication from Chairman, Capital Projects Board, in relation to an amendment to Capital Project No. C5406, Battle Whitney Park Improvements, Phase I. F/S 48. Ordinance amending an ordinance adopted September 3, 2013 entitled, “An Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. 5406 entitled, Battle Whitney Park Improvements, Phase I. ADOPTED 7 - 0 49. Communication from Commissioner of Public Works in relation to a license agreement between the City of White Plains and 222 Bloomingdale Road Associates, LLC, to permit the encroachment of a sign onto public property. F/S 50. Ordinance of the Common Council of the City of White Plains authorizing the Commissioner of Public Works to enter into a revocable license agreement with 222 Bloomingdale Road Associates, LLC, to permit an encroachment in the City right-of-way in connection with an entrance sign for 222 Bloomingdale Road. ADOPTED 6 - 0. Recusal: Mr. Martin 51. Communication from Commissioner of Public Works in relation to a grant from the Power Authority of the State of New York (PASNY), for the installation of approximately ten Electric Vehicle Service Equipment Stations at various City Municipal Garages. F/S 52. Ordinance approving a Public Electric Vehicle Service Equipment ("EVSE”) Agreement between the Power Authority of the State of New York and the City of White Plains for the installation and maintenance of ten EVSE Units in City of White Plains Parking Garages. ADOPTED 7 - 0 53. Communication from Commissioner of Parking in relation to the renewal of a contract for hardware and software warranties with Integrated Technical Systems, Inc. F/S 54. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his authorized representative to enter into a renewal agreement on behalf of the City of White Plains pertaining to the hardware and software warranties on 104 of 140 multi-space parking meters in use throughout the City’s Municipal Parking System. ADOPTED 7 - 0 55. Communication from Commissioner of Parking in relation to a license agreement between the City and Metro North Commuter Railroad, Metropolitan Transportation Authority, for use of a portion of the Haarlem Avenue Parking Lot. F/S 56. Ordinance granting a license agreement to the Metropolitan Transportation Authority and Metro North Commuter Railroad Company to utilize a portion of the City Parking Lot adjacent to the North White Plains Metro North Station to maintain a construction trailer in connection with their construction of a parking garage near the North White Plains Train Station. ADOPTED 7 - 0 57. Communication from Commissioner of Public Safety in relation to a grant award from the Governor’s Traffic Safety Committee to be used for Distracted Driving Enforcement. F/S 58. Ordinance authorizing the Mayor, or his designee, to enter into an agreement accepting a grant award from the State of New York Governor’s Traffic Safety Committee to be used for Distracted Driving Enforcement by the Department of Public Safety (Police Department) and to amend the FY 2013-2014 General Fund Budget to reflect said grant. ADOPTED 7 - 0 59. Communication from Commissioner of Public Safety in relation to a grant award from the Governor’s Traffic Safety Committee to be used for Pedestrian Safety Initiative. F/S 60. Ordinance authorizing the Mayor, or his designee, to enter into an agreement accepting a grant award from the State of New York Governor’s Traffic Safety Committee to be used for a Pedestrian Safety Initiative the Department of Public Safety (Police Department) and to amend the FY 2013-2014 General Fund Budget to reflect said grant. ADOPTED 7 - 0 61. Communication from Director, Youth Bureau, in relation to a contract with Student Assistance Services Corp., to provide a Middle School Prevention Coordinator as part of the White Plains Cares Coalition, funded by the Drug Free Communities Grant Award. F/S 62. 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 63. Communication from Acting Chairman, Traffic Commission, in relation to amendments to the Traffic Ordinance at various locations around the City. F/S 64. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to modifying a “One Hour Parking” on the south side of Main Street; modifying a “Stop Intersection” at the intersection of Carrigan Avenue at Rose Street; modifying a “Stop Intersection” at the intersection of South Lexington Avenue at Prospect Street; modifying a “Flash Signal Indications (V7T Sect. 1113)” at the intersection of South Lexington Avenue at Prospect Street; deleting a “Two Hour Parking” Zone on both sides of Chatterton Avenue; creating a “Two Hour Meter Parking on both sides of Chatterton Avenue; deleting a “Two Hour Parking” Zone on  the south side of Holland Avenue; and creating a “Twelve Hour Meter Parking” Zone on the south side of Holland Avenue. ADOPTED 7 - 0 RESOLUTIONS: 65. Communication from Commissioner of Recreation and Parks in relation to the reallocation of funds in the Recreation and Parks Department Budget to support changes to the Special Needs Program. F/S 66. Resolution authorizing the transfer of funds within the FY 2013 - 2014 Budget of the Department of Recreation and Parks. ADOPTED ITEMS FOR REFERRAL: 67. Communication from Commissioner of Building in relation to an application submitted on behalf of Family Services of Westchester, for interior and exterior renovation to an existing building at 106 North Broadway (former American Red Cross), to provide for an adult day care facility and a pre- kindergarten program. 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. 68. Communication from Commissioner of Building in relation to an application submitted on behalf of 120 Bloomingdale Road, LLC for an amendment to a previously approved site plan to modify the facades, improve exterior lighting, modifying landscaping, create a rooftop terrace and new signage, and a Special Permit for the operation of a day care center in a Special “S” Zone. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRAFFIC COMMISSION, PARKING DEPT., CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. Recusal: Mr. Kirkpatrick. 69. Communication from Commissioner of Building in relation to an application submitted on behalf of North Street Community, LLC, for a three year extension of a previously approved site plan for the construction of the independent living phase of the project on the site of the former St. Agnes Hospital. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRAFFIC COMMISSION, PARKING DEPT., CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 70. Communication from Commissioner of Building in relation to a proposed amendment to Sections 4.4.21 and 9.5.3 of the Zoning Ordinance to no longer require the approval by the Design Review Board for the installation of solar energy systems for one or two family structures which do not require a variance, have a rated capacity of 23kW or less, where the system is to be mounted parallel to the roof surface, or tilted with no more than an eighteen (19) inch gap between the module frame and the roof surface. F/S AND REFERRED TO LAW, PLANNING BOARD, AND ENVIRONMENTAL OFFICER. 71. Communication from the Commissioner of Building in relation to an application submitted on behalf of Butterfield 8 WP LLC, for the renewal of a Special Permit for Cabaret Use at Butterfield 8, 147 Mamaroneck Avenue. F/S AND REFERRED TO LAW, BUILDING DEPT., PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 72. Communication from the Commissioner of Building in relation to an application submitted on behalf of Butterfield 8 WP LLC, for the renewal of a Special Permit for Cabaret Use at Lola’s Mexican Kitchen, 147 Mamaroneck Avenue. F/S AND REFERRED TO LAW, BUILDING DEPT., PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. ITEMS FOR INFORMATION: 73. Communication from Director, Youth Bureau, submitting the name of Brian LaPlaca as City of White Plains Youth of the Year. F/S