White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING June 1, 2015 7:30 P.M. PLEDGE TO THE FLAG: Hon. Milagros Lecuona ROLL CALL: City Clerk APPOINTMENT: 1. Communication from the Mayor in relation to the appointment of Christopher Gomez as Commissioner of Planning for the City of White Plains. F/S and affirmed by the Common Council with roll call vote: Mrs. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mr. Martin, Mrs. Smayda and the Mayor - 7 - 0. ADJOURNED PUBLIC HEARINGS: 2. Public Hearing 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. Open/Adjourned to July 6, 2015 3. Public Hearing in relation to the application submitted on behalf of Executive Billiards Inc., (“Applicant”) for a Special Permit to operate a cabaret at Executive Billiards located at 109 Mamaroneck Avenue. Open/Adjourned to July 6, 2015 4. Public Hearing in relation to the application submitted on behalf of Ron Blacks Beer Hall for a renewal of a Special Permit to operate a Cabaret at Ron Blacks  Beer Hall, located at 181 Mamaroneck Avenue. Open/Adjourned to July 6, 2015. 5. Public Hearing in relation to an application submitted on behalf of Ichiro Asian Fusion, Inc., (“Applicant”), for a Special Permit to operate a Cabaret at Ichiro Restaurant, located at 80 Mamaroneck Avenue. Open/Adjourned to July 6, 2015 6. Public Hearing in relation to an application submitted on behalf of St. Gregory the Enlightener Armenian Church for an amendment to a previously approved site plan to construct a one story, approximately 7,000 sq. ft, addition to the existing Church building which is proposed to house the Church Sunday School, and connected to the existing structure via an enclosed walkway. Opened/closed. Recusal: Mr. Krolian Items 6 - 19 F/S. Recusal: Mr. Krolian 7. Communications from City Clerk 8. Commissioner of Building 9. Design Review Board 10. Acting Commissioner of Planning 11. Planning Board 12. Commissioner of Public Safety 13. Commissioner of Public Works 14. Deputy Commissioner, Traffic Division 15. Transportation Commission 16. Commissioner of Parking 17. Conservation Board 18. Westchester County Planning Board 19. Environmental Officer 20. Environmental Findings Resolution Motion to table 5 - 1- Nays: Mrs. Lecuona. Tabled to July 6, 2015. Recusal: Mr. Krolian. 21. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of St. Gregory the Enlightener Armenian Church (“Applicant”), located at 1131 North Street on an environmentally sensitive site, for an amendment to its existing site plan to allow: (1) the construction of an approximately 7,421 square foot building addition, including a 6,000 square foot open room that is proposed to be used as a children’s Sunday School, an additional 636 square feet of bathrooms and 425 square feet of storage all attached to the existing community building; (2) approval of partial waiver of improvement under Section 8.7.3 of the Zoning Ordinance of the City of White Plains, waiving the construction of eighteen (18) parking spaces to provide a total of 61 waived spaces, or 33% (one-third) of the 183 parking spaces required for the Church use; (3) relief from the new fifty  (50) foot restrictive buffer area setback requirement under Section 4.4.25.5.2.2 of the Zoning Ordinance. Motion to table 5 - 1- Nays: Mrs. Lecuona. Tabled to July 6, 2015. Recusal: Mr. Krolian. SECOND READING ORDINANCE: 22. Ordinance of the Common Council of the City of White Plains amending Title IV of the White Plains Municipal Code entitled, “Cabarets” by amending Article 1 of Chapter 4-4 in its entirety and amending Section 4-4-30 of Article II of Chapter 4-4. Tabled to July 6, 2015. FIRST READING ORDINANCES: 23. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. SW5430, Brookfield Commons Sanitary Sewer Line. F/S 24. Communication from Environmental Officer F/S 25. Environmental Findings Resolution Adopted 26. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by amending Capital Project No. SW5430, Brookfield Commons Sanitary Sewer Line. Adopted 7 - 0 27. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5431, Miscellaneous Street Reconstruction FY 2015. F/S 28. Communication from Environmental Officer F/S 29. Environmental Findings Resolution Adopted 30. Resolution of the Common Council of the City of White Plains authorizing the implementation and funding in the first instance 100% of the Federal Aid and State “Marchiselli” Program Aid eligible costs, of a Transportation Federal Aid Project, and appropriating funds therefore. Adopted 31. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by amending Capital Project No. C5431, Miscellaneous Street Reconstruction FY 2015. Adopted 7 - 0 32. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5452, Prisoner Processing Area Renovations. 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. C5452, Prisoner Processing Area Renovations. ADOPTED 7 - 0 36. Bond Ordinance dated June 1, 2015, authorizing the issuance of $101,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of reconstruction of Class A Buildings for municipal use. ADOPTED 7 - 0 37. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5453, Maple Avenue Storm Water Drain, Phase II. 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. C5453, Maple Avenue Storm Water Drain, Phase II. Adopted 7 - 0 41. Bond Ordinance dated June 1, 2015, authorizing the issuance of $404,000 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. Adopted 7 - 0 42. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5450, Local Controller Upgrade Phase I - Traffic. F/S 43. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5450, Local Controller Upgrade Phase I. Adopted 7 - 0 44. Bond Ordinance dated June 1, 2015, authorizing the issuance of $141,400 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 45. Communication from Commissioner of Finance in relation to a bond ordinance in the amount of $1,000,000 to finance the costs of the acquisition of surveys,  preliminary plans, detailed plans and specifications necessary for future capital improvements to the City’s Multimodal Transportation Center. F/s 46. Bond Ordinance dated June 1, 2015, authorizing the issuance of $1,000,000 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 surveys, preliminary plans, detailed plans and specifications necessary for future capital improvements to the City’s Multimodal Transportation Center. Adopted 7 - 0 47. Communication from Commissioner of Public Works in relation to a transfer of funds from Reserve for Financing and from the Department of Public Works Operating Budget, for overtime for snow and ice removal, and salt expenses. F/S 48. Ordinance of the Common Council of the City of White Plains authorizing the transfer of $497,000 from Reserve for Financing and $105,000 from the Department of Public Works Operating Budget in relation to snow and ice removal operations overtime and salt expenses incurred by the Department of Public Works. Adopted 7 - 0 49. Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions on July 9, 2015, (with a rain date of July 10, 2015), for the Mental Health Association’s Get On Your Mat for Mental Health, Yoga/Health Fair. F/S 50. Ordinance of the Common Council of the City of White Plains amending ordinances adopted April 6, 2015 and May 4, 2015, changing the date of the City of White Plains Department of Recreation and Parks and the Mental Health Association’s Get On Your Mat for Mental Health, Yoga/Health Fair, from June 17, 2015, to a new date of July 9, 2015, with a rain date of July 10, 2015, and a commencement time of 3:00 p.m. instead of 4:00 p.m. ADOPTED 7 - 0 51. Communication from Commissioner of Public Works in relation to an agreement with the New York City Department of Environmental Protection (NYC DEP) and the Westchester County Water District No. 1, for the City of White Plains to provide technical assistance to formulate a Water Demand Management Plan. F/S 52. Ordinance of the Common Council authorizing the Mayor or his designee to execute an agreement with the New York City Department of Environmental Protection (NYC DEP) and the Westchester County Water District No. 1 (through its Commissioner of the Department of Environmental Facilities) and for the City of White Plains Department of Public Works to provide technical assistance to formulate a Water Demand Management Plan. Adopted 7 - 0 53. Communication from Commissioner of Finance in relation to an amendment to the 2014-15 General Fund Budget to reflect a fee in lieu of lease payment for twenty (20) years by the City to the White Plains Housing Company, Inc., for use of Community Facility Space for educational and community purposes at 1 South Lexington Avenue. F/S 54. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to direct the Budget Director to amend the 2014- 15 General Fund Budget to reflect a fee in lieu of lease payment for twenty (20) years by the City to the White Plains Housing Company, Inc., for the City’s use of Community Facilities Space for educational and community purposes in the new building under construction at 1 South Lexington Avenue, to be paid in full prior to occupancy of said space. Adopted 7 - 0 55. Communication from the Police Chief in relation to extending for an additional year an agreement between the City and the Society for the Prevention of Cruelty to Animals of Westchester, Inc. (SPCA). F/S 56. Ordinance of the Common Council of the City of White Plains extending for an additional year the City’s agreement 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 Agriculture and Markets Law. Adopted 7 - 0 57. Communication from Director, Youth Bureau, in relation to donations in the amount of $3,273, to offset expenses for the 2015 Father Daughter and Mother Son Dance. F/S 58. 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), donations in the amount of $3,273 from participants to be used to offset the expenses for the 2015 Father Daughter Dance and Mother Son Dance, and to amend the FY 2014-2015 Youth Bureau General Fund to reflect said donations. ADOPTED 7 - 0 59. Communication from Director, Youth Bureau, in relation to funding for a new Summer STEM Camp (Science, Technology, Robotics and Environmental Learning) for middle school students 6th through 8th grades. F/S 60. Ordinance of the Common Council of the City of White Plains approving the sponsorship by the City (through the Youth Bureau) of the Summer STEM Camp for middle school students at Church Street Elementary School, accepting a contribution of $7,200 from the Friends of the Youth Bureau for the Program, and authorizing the Mayor to direct the Budget  Director to increase the estimated revenue and appropriations, and to amend the Fiscal Year 2014/15 Youth Development Fund. ADOPTED 7-0 61. Communication from Director, Youth Bureau, in relation to a grant from New York State Department of Labor and extending the award for an additional year. F/S 62. Ordinance amending an ordinance adopted August 4, 2014 entitled, “An ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a contract with the York State Department of Labor Program to receive a grant in the amount of $45,000 to operate the 2014 Summer Youth Employment Program and to authorize the Budget Director to amend the FY2014/15 Youth Development Fund to reflect this grant.” ADOPTED 7 - 0 63. Communication from Director, Youth Bureau, in relation to an agreement between the City and Berkeley College, 99 Church Street, for the use of space for the Youth Bureau to operate the Entrepreneur Program and the Let’s Get Ready SAT Prep Course F/S 64. Ordinance of the Common Council of the City of White Plains authorizing the City of White Plains to enter into an agreement with Berkeley College at 99 Church Street, to provide the City of White Plains classroom space usage at Berkeley College for Youth Bureau Summer initiatives known as the Entrepreneur Program and Let’s Get Ready SAT Prep Course, from June 18, 2015 to August 13, 2015, and to authorize a certificate of insurance to Berkeley College for the period June 18, 2015 to August 13, 2015. ADOPTED 7 - 0 65. Communication from Personnel Officer in relation to an amendment to Section 2-5-78 of the Municipal Code, Compensation and Leave Plan, by establishing a certain position titled. F/S 66. Ordinance amending the White Plains Municipal Code by amending Section 2-5-78 of the Compensation and Leave Plan Ordinance by establishing a certain position title. ADOPTED 7 - 0 67. Communication from the Personnel Officer regarding an amendment to the White Plains Municipal Code in relation to appointed, elected, managerial confidential and hourly salaries and additional compensation. F/S 68. Ordinance amending various Sections of the White Plains Municipal Code in relation to appointed, elected, managerial confidential and hourly salaries and additional compensation. ADOPTED 7 - 0 69. Communication from Deputy Commissioner of Parking in relation to proposed amendments to the Traffic Ordinance. F/S 70. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to creating a Handicapped Parking Space-Streets (Non- metered) on the west side of Jefferson Avenue. ADOPTED 7 - 0 RESOLUTIONS: 71. Communication from Corporation Counsel in relation to a proposed amendment to the Zoning Ordinance to establish a new Light Industrial Mixed Use (LI-M) Zoning District, and re-zoning certain parcels in the Light Industrial (LI) Zoning District, and scheduling a public hearing for July 6, 2015. F/S 72. Resolution of the Common Council of the City of White Plains scheduling a public hearing for July 6, 2015, in relation to the proposed amendment to the Zoning Ordinance of the City of White Plains creating a new Light Industrial Mixed Use (LI-M) Zoning District, and re-zoning certain properties in the Light Industrial (LI) Zoning District to the Light Industrial Mixed Use (LI-M) Zoning District. ADOPTED 73. Communication from Corporation Counsel in relation to an application submitted by Hastings Tea Corp., for a Special Permit for Outdoor Dining at 235 Main Street. F/S 74. Resolution of the Common Council of the City of White Plains scheduling a public hearing for July 6, 2015, in relation to the application submitted on behalf of the applicant, Hastings Tea Corp., d/b/a/ Hastings Tea, for a Special Permit for Outdoor Dining on private property adjacent to the facility located at 235 Main Street. ADOPTED ITEMS 75 - 85 F/S 75. Communication from Commissioner of Building in relation to a request submitted on behalf of The Salvation Army, for a one year extension to a previously approved site plan at 16 Sterling Avenue. 76. Communications from Design Review Board 77. Acting Commissioner of Planning 78. Planning Board 79. Commissioner of Public Safety 80. Commissioner of Public Works 81. Deputy Commissioner, Traffic Division 82. Transportation Commission 83. Commissioner of Parking 84. Westchester County Planning Board 85. Environmental Officer 86. Environmental Findings Resolution ADOPTED 87. Resolution of the Common Council of the City of White Plains extending for an additional one (1) year the site plan approval granted on June 4, 2012 to the Salvation Army of Greater New York (“Applicant”) for the project known as The Salvation Army located at 16 Sterling Avenue, and extending southerly therefrom along West Post Road to permit the expansion and renovation of an existing approximately 8,700 square foot, two (2) story building in two (2) phases, including the approximately 15,500 square foot two (2) story addition plus attic to the existing residence for a Cleric, office space, classrooms for after-school programs, a basketball court/multi-purpose room, restrooms, a kitchen, a food pantry, storage area, refuse and recycling area, garage for an emergency vehicle, and the construction of a new onsite parking area and outdoor recreational area, the building fronting on West Post Road. ADOPTED ITEMS 88 - 99 F/S. Recusal: Mr. Kirkpatrick 88. Communication from Commissioner of Building in relation to a request submitted on behalf of 120 Bloomingdale LLC, The Venue, for a one year extension to a previously approved site plan at 120 Bloomingdale Road. 89. Communications from Design Review Board 90. Acting Commissioner of Planning 91. Planning Board 92. Commissioner of Public Safety 93. Commissioner of Public Works 94. Deputy Commissioner, Traffic Division 95. Transportation Commission 96. Commissioner of Parking 97. Conservation Board 98. Westchester County Planning Board 99. Environmental Officer 100. Environmental Findings Resolution ADOPTED. Recusal: Mr. Kirkpatrick 101. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of 120 Bloomingdale Road, LLC (“Applicant”) for an additional 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, and extended for one year by resolution adopted July 7, 2014, to construct approximately 47,000 square feet of new upscale retail use to the existing site, currently developed with an approximately 141,427 square foot 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 known 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). ADOPTED 102. Communication from Environmental Officer in relation to the application of Saber White Plains LLC and Chauncey White Plains LLC requesting amendments to the Zoning Ordinance in conjunction with the development of property known as 60-96 Westchester Avenue. F/S 103. Communication from Westchester County Planning Board F/S 104. Environmental Findings Resolution regarding the application on behalf of Saber White Plains LLC and Chauncey White Plains LLC requesting proposed amendments to the Zoning Ordinance and approvals related to the development of property known as 60-96 Westchester Avenue. ADOPTED 105. Communication from Commissioner of Finance in relation to the accrual of certain obligations for Fiscal Year Ending June 30, 2015. F/S 106. 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. ADOPTED 107. Communication from the Mayor in relation to authorizing the certification of a Home Rule request from the City of White Plains seeking enactment of New York State legislation amending the Vehicle and Traffic Law, General Municipal Law, and Public Officers Law to enable White Plains to adopt local legislation to impose monetary liability on motor vehicle operators for failure to comply with traffic control indicators. F/S 108. Resolution of the Common Council of the City of White Plains authorizing the certification of a Home Rule Request seeking enactment of State legislation amending the Vehicle and Traffic Law, General Municipal Law and Public Officers Law to enable the City of White Plains to establish a five (5) year demonstration program to impose monetary liability on the owners of motor vehicles for an operator’s failure to comply with traffic control indicators within the City of White Plains by installing and operating traffic control signal photo violation monitoring devices at no more than twelve (12) intersections at any one time within the City of White Plains (Assembly Bill No. A07730) (Senate Bill No. S05688). ADOPTED