White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING JULY 7, 2014 7:30 P.M. PLEDGE TO THE FLAG: Hon. John Kirkpatrick ROLL CALL: City Clerk APPOINTMENTS: 1a. Communication from the Mayor advising as to the appointment of Hon. Milagros Lecuona as Chair of the Sustainable White Plains Committee, and the following as members: Geraldine Angel, Claudia Bassin, Louise Doyle, Michael Gilbert, Bonnie Hagan, Anne Bobroff Hajal, Mark Laloo, Gilbert Mercurio, Adrienne Pincus, and Michael Quinn. 1b. Communication from the Mayor advising as to the appointment of Harriet Lowell, P. Gilbert Mercurio and Matthew P. Ravick to the Mayor’s Advisory Committee on People with Disabilities to terms which will expire on October 2, 2015. 1c. Communication from the Mayor in relation to the re -appointment of Hon. Beth Smayda as Chair, and the following as members: Edith K. Alfenas, Adam T. Bergonzi, Richad Hecht, Steven Hochman, Hon. John Kirkpatrick, Donna McLaughlin, Micahel Schwartz, Timothy Sheehan, to terms which will expire on December 31, 2014. LOCAL LAWS: 1. Public Hearing in relation to Local Law Introductory No. 2 of 2014. A Local Law establishing a moratorium on “cabarets” in the City of White Plains (“City”). 2. Local Law Introductory No. 2 of 2014. A Local Law establishing a moratorium on “cabarets” in the City of White Plains (“City”). 3. Public Hearing in relation to Local Law Introductory No. 3 of 2014, a Local Law to amend the Charter of the City of White Plains to rename the Department of Information Services to the Department of Information Technology and rename the title of Director of Information Services to Chief Information Officer. 4. Communication from Corporation Counsel. 5. Local Law Introductory No. 3 of 2014. A Local Law to amend the Charter of the City of White Plains to rename the Department of Information Services to the Department of Information Technology and rename the title of Director of Information Services to Chief Information Officer. 6. Ordinance amending Section 2-5-76 of the White Plains Municipal Code by establishing and deleting a certain appointed official position title, and amending the 2014-2015 Table of Organization by adding and abolishing certain positions. 7. Communication from the Mayor in relation to a proposed change to the Charter of the City of White Plains to amend Article VIII-F in its entirety, entitled, “Traffic Commission” and establishing a ‘Transportation Commission,” and scheduling a public hearing for August 4, 2014. 8. Local Law Introductory No. 4 for 2014. A local law to amend the Charter of the City of White Plains Article VIII-F in its entirety, “Traffic Commission” and establishing a “Transportation Commission.” 9. Resolution of the Common Council of the City of White Plains scheduling a public hearing for August 4, 2014 in relation to a local law amending Article VIII-F of the Charter of the City of White Plains, in its entirety, entitled, “Traffic Commission,” and establishing a ‘Transportation Commission.” ADJOURNED PUBLIC HEARING: 10. Public Hearing in relation to an application submitted on behalf of Lombardo’s Restaurant (“Applicant”) for a Special Permit for Outdoor Dining on private property at the front of the restaurant located at 1203 Mamaroneck Avenue. PUBLIC HEARINGS: 11. Public Hearing in relation to amending the Zoning Ordinance of the City of White Plains with respect to adding a new Section 6.7.8.7 regarding public hearing written notice requirements for renewals of Outdoor Dining Special Permits. 12. Communications from Commissioner of Building 13. Commissioner of Planning 14. Planning Board 15. Commissioner of Public Safety 16. Commissioner of Public Works 17. Deputy Commissioner, Traffic Division 18. Traffic Commission 19. Commissioner of Parking 20. Environmental Officer 21. Ordinance amending an ordinance entitled “The Zoning Ordinance of the City of White Plains at Section 6.7.8 of the Zoning Ordinance regarding Special Permits for Outdoor Dining to add a new Section 6.7.8.7. 22. Public Hearing in relation to the proposed discontinuance of a portion of Hathaway Lane between Ridgeway and Gedney Esplanade pursuant to Section 152 of the White Plains Charter and Section 29 of General City Law. 23. Public Hearings in relation to the application submitted by the French American School of New York (FASNY) for a Special Permit for a “Private elementary and secondary school,” at 400 Ridgeway on a site containing environmentally sensitive features as defined by Chapter 3-5 of the White Plains Municipal Code; and a Special Permit for the accessory tennis court and basketball court structures thereon. FIRST READING ORDINANCES: 24. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. 25. Ordinance authorizing the settlement of certain tax review proceedings. 26. Communication from Corporation Counsel in relation to a contract with Thomas H. Slater Center, Inc., for the operation of the Thomas H. Slater Center through June 30, 2015. 27. Ordinance authorizing the Mayor to renew the annual contract with Thomas H. Slater Center, Inc., for the operation of the Thomas H. Slater Center. 28. Communication from Corporation Counsel in relation to the settlement of a claim against the City. 29. Ordinance authorizing the settlement of the claim of Nathaniel Sims against the City of White Plains. 30. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5424, Renaissance Fountain Waterproofing/Recaulking. 31. Communication from Environmental Officer. 32. Environmental Findings Resolution 33. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5424, entitled, “Renaissance Fountain Waterproof/Recaulking and Chemical Control System” and to authorize the Mayor to direct the Budget Director to amend the F/Y 2013-2014 General Fund Budget as of June 30, 2014, to provide funding for the project. 34. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5398, Rolling Stock Acquisition of Heavy Duty Vehicles FY 2014. 35. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by amending Capital Project No. C5398, entitled, “Rolling Stock Acquisition of Heavy Duty Vehicles FY 2014.” 36. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5425, Rolling Stock Acquisition of Variable Message Board/LPR. 37. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5425, entitled, “Rolling Stock Acquisition of Variable Message Board/LPR.” 38. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5426 entitled, Rolling Stock Acquisition Heavy Duty Vehicles 2014-2015, and Capital Project No. W5427, Rolling Stock Acquisition Heavy Duty Vehicles 2014- 2015. 39. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5426, entitled, “Rolling Stock Acquisition, Heavy Duty Vehicles 2014-2015" and Capital Project No. W5427, entitled, “Rolling Stock Acquisition Heavy Duty Vehicles 2014-2015.” 40. Bond Ordinance dated July 7, 2014, authorizing the issuance of $2,249,250 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 construction and maintenance. 41. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5394, Miscellaneous Street Reconstruction FY 2013. 42. Communication from Environmental Officer. 43. Environmental Findings Resolution 44. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by amending Capital Project No. C5394, entitled, “Miscellaneous Street Reconstruction FY 2013" effective June 30, 2014, in the amount of $64,450. 45. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5428, Rosedale Avenue Storm Water Drain Reconstruction. 46. Communication from Environmental Officer. 47. Environmental Findings Resolution 48. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5428, “Rosedale Avenue SWD” (Storm Water Drain). 49. Bond Ordinance dated July 7, 2014, authorizing the issuance of $252,000 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. 50. Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions on July 30, 2014 for the Dancing Under the Stars Program. 51. Ordinance of the Common Council of the City of White Plains authorizing the closure of Court Street (Between Martine and Main Street) and appropriate parking restrictions on July 30, 2014, for the Dancing Under the Stars Program conducted by the Department of Recreation and Parks. 52. Communication from Commissioner of Public Safety in relation to the award of a Community Overdose Prevention (COP) Program Grant in the amount of $11,400, from the New York Office of the Attorney General for the training necessary for the use of Naloxone Kits. 53. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to accept a Community Overdose Prevention Program Grant in the amount of $11,400, from the New York Office of the Attorney General, to execute grant document(s) required for same, and to direct the Budget Director to amend the 2014/2015 Public Safety Grant Funds to reflect the receipt and appropriation of said grant. 54. Communication from the Police Chief in relation to an agreement between the City and the Society for the Prevention of Cruelty to Animals of Westchester, Inc., (SPCA), to provide municipal shelter services for dogs and cats. 55. Ordinance of the Common Council of the City of White Plains exercising the City’s option to extend the City’s agreement for an additional year with the Society for the Prevention of Cruelty to Animals of Westchester, Inc., (SPCA), to provide municipal shelter services for dogs and cats pursuant to the New York State Agricultural and Markets Law. 56. Communication from Commissioner of Building in relation to a proposed amendment to the White Plains Municipal Code by amending Chapter 3-3 in its entirety. 57. Communication from Environmental Officer. 58. Ordinance of the Common Council of the City of White Plains amending Title III of the White Plains Municipal Code entitled, “ Air Pollution” by repealing Chapter 3-3 in its entirety and adopting Chapter 3-3 Sections 1 - 29. 59. Communication from Budget Director in relation to the transfer of funds and amendments to the 2013-2014 General Fund and Library Budgets due to additional electricity costs as a result of extreme cold weather, and certain contractual surcharges from Cod Edison and the New York Power Authority. 60. Ordinance authorizing the transfer of funds and amendments in the 2013- 2014 General Fund and Library Budgets to reflect additional electricity costs due to extreme cold weather and certain contractual surcharges from Con Edison and the New York Power Authority. 61. Communication from Commissioner of Finance in relation to an amendment to the 2014-2015 General Fund Budget to provide funding for a second School Resource Officer for the White Plains School District. 62. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to direct the Budget Director to amend the Fiscal Year 2014-2015 General Fund Budget to fund the salary and benefits of a School Resource Officer to be provided by the Department of Public Safety. 63. Communication from the Mayor in relation to the retention of an independent consultant to conduct a review and analysis, and provide a report and recommendations in relation to the City’s Department of Public Works. 64. Ordinance authorizing the retention of an independent consultant to conduct a review and analysis and provide a report and recommendations related to the City’s Department of Public Works’ practices, policies and procedures. 65. Communication from Commissioner of Recreation and Parks in relation to a donation in the amount of $5,500 from Peckham Industries, New York Presbyterian Hospital, and Stop and Shop, to be used to pay for the 2014-2015 Shakespeare in the Park Program. 66. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to accept, in behalf of the City of White Plains, donations in the amount of $5,500 from Peckham Industries, New York Presbyterian Hospital and Stop and Shop, to be used to pay for the 2014- 2015 Shakespeare in the Park Program. 67. Communication from Director, Youth Bureau, in relation to a contract through the Westchester Workforce Development Academy for Youth (WWDAY) to provide Youth Employment Services for In School Youth, 16 - 18 years of age. 68. 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 In School Youth, 16 - 18 years of age for the period beginning July 1, 2014 and ending June 30, 2015. 69. Communication from Director, Youth Bureau, in relation to a contract through the Westchester Workforce Development Academy for Youth (WWDAY) to provide Youth Employment Services for Out of School Youth, 19 - 21 years of age. 70. 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 $90,686 in funding for Workforce Investment Act (WIA) Youth Employment Services to Out of School Youth, 18 - 21 years of age for the period beginning July 1, 2014 and ending June 30, 2015. 71. Communication from Director, Youth Bureau, in relation to a contract with the Westchester Putnam Workforce Investment Board to operate the 2014 TANF Summer Employment Program (SYEP) for youth 14 to 20 years of age, beginning on or about May 1, 2014 through September 30, 2014. 72. 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) to receive $28,800 in funding for a Youth Program under the Workforce Investment Act (WIA) for the period beginning May 1, 2014 and ending September 30, 2014. 73. Communication from Director, Youth Bureau, in relation to a lease agreement with Berkeley College for the use of their facilities by the Youth Bureau in connection with a Youth Court and Entrepreneur Program. 74. Ordinance authorizing the Mayor, or his designee, to enter into a lease agreement with Berkeley College for use of their facilities by the White Plains Youth Bureau in connection with a Youth Court and Entrepreneur Program. 75. Communication from Personnel Officer in relation to amendments to the Municipal Code Compensation and Leave Plan and the Table of Organization. 76. Ordinance amending Section 2-5-81 of the White Plains Municipal Code by establishing and deleting certain position titles, and amending the 2014-2015 Table of Organization by adding an abolishing certain positions. 77. Communication from Commissioner of Parking in relation to a proposed amendment to the Traffic Ordinance in relation to municipal parking lots and structures removing some facilities that are out of service and adding the new Lyon Place Garage. 78. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to modifying Section 201, Exhibit II and Exhibit III, concerning municipal parking areas (lots) and municipal parking structures. RESOLUTIONS: 79. Communication from Corporation Counsel in relation to an application submitted on behalf of El Poblano Mexican Rest., Inc., d/b/a El Poblano, for a Special Permit for Outdoor Dining at 239 Central Park Avenue, and scheduling a public hearing for August 4, 2014. 80. Communication from Commissioner of Building 81. Resolution of the Common Council of the City of White Plains scheduling a public hearing for August 4, 2014, in relation to the application submitted on behalf of the applicant El Poblano Mexican Rest., Inc., d/b/a El Poblano for a Special Permit for Outdoor Dining on private property at the front of the restaurant located at 239 Central Park Avenue. 82. Communication from Corporation Counsel in relation to an application submitted by Coughlan Inc., d/b/a the Coliseum, for a Special Permit for Cabaret Use at 15 South Broadway, and scheduling a public hearing for August 4, 2014. 83. Resolution of the Common Council of the City of White Plains scheduling a public hearing for August 4, 2014 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 located at 15 South Broadway. 84. Communication from Commissioner of Building in relation to an application submitted on behalf of The Venue on Bloomingdale Road, (120 Bloomingdale Road LLC.), to extend a previously approved site plan for one year for the location at 120 Bloomingdale Road. 85. Communications from Design Review Board 86. Commissioner of Planning 87. Planning Board 88. Commissioner of Public Safety 89. Commissioner of Public Works 90. Deputy Commissioner, Traffic Division 91. Traffic Commission 92. Commissioner of Parking 93. Westchester County Planning Board 94. Environmental Officer 95. Environmental Findings Resolution 96. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of 120 Bloomingdale Road LLC (“Applicant”) for a one year extension of an amended site plan approval under Section 7 of the Zoning Ordinance of the City of White Plains (“Zoning Ordinance”) granted by the Common Council by resolution adopted May 7, 2013, to construct approximately 47,000 square feet of new upscale retail use to the existing site, currently developed with an approximately 141,427 square feet office building, and for a Special Permit under Section 6 of the Zoning Ordinance to establish restaurants and outdoor dining associated with such restaurants for approximately 6,000 square feet, for a total of approximately 53,000 square feet of retail/restaurant use, for the new development to be know as “The Venue” to be located at the approximately 5.8 acre site at 120 Bloomingdale Road, an environmentally sensitive site under Section 4.4.25 of the Zoning Ordinance (Section 131.21, Block 3, Lot 2.1). 97. Communication from Commissioner of Planning in relation to the approval of the 2014-2015 Community Development Annual Action Plan. 98. Communication from Environmental Officer. 99. Resolution of the Common Council of the City of White Plains, New York, approving the federally mandated 2014-2015 Annual Action Plan for the City of White Plains and authorizing the Mayor to execute all necessary certifications and assurances and file the Approved Plan with the U.S. Department of Housing and Urban Development. 100. Communication from Budget Director in relation to the transfer of funds from Reserve for Financing, General Fund, to various accounts to record accrued liabilities. 101. Resolution of the Common Council of the City of White Plains authorizing the transfer of funds from Code No. A002-9.990, Reserve for Financing, General Fund, to various accounts to record accrued liabilities. 102. Communication from Commissioner of Building in relation to the petition submitted on behalf Urstadt Biddle Properties, Inc., 60 South Broadway, to amend the Zoning Ordinance, and the submission of the Draft Generic Environmental Impact Statement (DGEIS), for a completeness review. 103. Communications from Commissioner of Planning 104. Commissioner of Public Works 105. Deputy Commissioner, Traffic Department 106. Environmental Officer 107. Environmental Findings Resolution accepting the Draft Generic Environmental Impact Statement dated May 2014, regarding the 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). ITEMS FOR REFERRAL: 108. Communication from Commissioner of Building in relation to an application submitted on behalf of AT&T Corporation, requesting the reconfiguration of tax lots associated with 400 and 440 Hamilton Avenue, in the CB-3 (Core Business - 3) Zoning District and designated as a former Special “S” Zone. 109. Communication from Commissioner of Building in relation to an application submitted on behalf of Executive Billiards Inc., for a Special Permit for Cabaret Use at 109 Mamaroneck Avenue ITEMS FOR INFORMATION: 110. Communication from Budget Director transmitting the City’s Summary Adopted Budget for Fiscal Year 2014-2015.