White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING NOVEMBER 2, 2020 7:30 PM PLEDGE TO THE FLAG: Hon. John Kirkpatrick ROLL CALL: City Clerk PROCLAMATION: Small Business Saturday, November 28, 2020 PRESENTATION: Sustainable Westchester Westchester Power APPOINTMENT: 1. Communication from the Mayor in relation to the appointment of Nicole Johnson to the Community Development Citizens Advisory Committee to a term which will expire on December 31, 2020. F/S/A 2. Communication from Council President in relation to the appointment of the Hon. Jennifer Puja as Chair of the Recreation Advisory Committee to a term which will expire on December 31, 2022. F/S/A PUBLIC HEARING: 3. Public Hearing in relation to an application submitted on behalf of El Cafetero for a Special Permit for Accessory Cabaret Use at 124 East Post Road. TO BE ADJOURNED TO DECEMBER 7, 2020. 4. Communication from the City Clerk. F/S FIRST READING ORDINANCES: 5. Communication from Corporation Counsel in relation to the settlement of certain tax review proceedings. F/S 6. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 7. Communication from Corporation Counsel in relation to the authorization of a contract with The Roffe Group, P.C. to serve as Special Counsel for legislative affairs for a one year period. F/S 8. Ordinance authorizing the Corporation Counsel to enter into an agreement retaining the services of the law firm of Andrew Roffe Group, P.C., as Special Counsel for the period November 15, 2020 through November 15, 2021. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 9. Communication from Corporation Counsel in relation to the employment of Special Counsel to provide professional services relating to the defense of the City in the matter of Foremost Development, LLC vs. The City of White Plains. F/S 10. Ordinance authorizing the Corporation Counsel to employ Special Counsel to provide litigation services. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 11. Communication from Corporation Counsel in relation to a tax abatement agreement pursuant to Private Housing Finance Law Section 577 in connection with a project of the Mount Hope Plaza Housing Development Fund Corporation and Mount Hope Plaza, LLC. F/S 12. Ordinance authorizing the Mayor to enter into a tax abatement agreement pursuant to Private Housing Finance Law Section 577 in connection with a project of the Mount Hope Plaza Housing Development Fund Corporation and Mount Hope Plaza, LLC. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 13. Communication from Corporation Counsel in relation to a tax abatement agreement pursuant to Private Housing Finance Law Section 577 in connection with a project of the Kingsley Housing Development Fund Company, Inc., and Kingsley House Owner, LP. F/S 14. Ordinance authorizing the Mayor to enter into a tax abatement agreement pursuant to Private Housing Finance Law Section 577 in connection with a project of the Kingsley Housing Development Fund Company, Inc., and Kingsley Housing Owner, LP. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 15. Communication from Corporation Counsel in relation to a proposed amendment to Title II, Article II of the White Plains Municipal Code entitled, “Rules and Order of Procedure” by amending Section 2-3-18 and 2-3-20 pertaining to transmission of notice of special meetings and the calendar of the Common Council. F/S 16. Ordinance of the Common Council of the City of White Plains amending Title II, Article II of the White Plains Municipal Code entitled, “Rules and Order of  Procedure” by amending Section 2-3-18 and 2-3-20 pertaining to transmission of notice of special meetings and the calendar of the Common Council. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 17. Communication from Commissioner of Public Works in relation to an agreement with the County of Westchester where the City will provide snow and ice control services on 17.11 miles of County Roads within the City limits. F/S 18. Ordinance of the Common Council of the City of White Plains authorizing a five year contract between the City of White Plains and the County of Westchester in relation to snow removal from County Roads. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 19. Communication from Commissioner of Public Works in relation to a temporary amendment to the White Plains Municipal Code Section 7-9-3 and 7-9-4, Sidewalk Café License, Site Plan Provisions and Standards. F/S 20. Ordinance amending an ordinance of the City of White Plains that temporarily amended the White Plains Municipal Code Sections 7-9-3 and 7-9-4, Sidewalk Café License, Site Plan Provisions and Standards. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 21. Communication from Commissioner of Public Works in relation to a proposed amendment to the White Plains Municipal Code in relation to the disposal of cardboard and times for placement of material for collection. F/S 22. Ordinance to amend the Municipal Code of the City of White Plains in relation to disposal of cardboard and times for placement of material for collection. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 23. Communication from Commissioner of Public Works in relation to an Inter-Municipal Agreement between the City and Westchester County for a Residential Scrap Transportation and Disposal Program. 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 authorizing the City to enter into an Inter-Municipal Agreement with the County of Westchester for a Residential Food Scrap Transportation and Disposal Program. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 27. Communication from Commissioner of Public Works in relation to a non-exclusive license agreement between the City of White Plains and 914PopUps, LLC, for the purpose of operating a holiday market and the closure of Waller Avenue between Lyon Place and Maple Avenue from November 30, 2020 through December 16, 2020. F/S 28. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to execute a non-exclusive license agreement between the City of White Plains and 914PopUps, LLC, for the purpose of operating a holiday market and the closure of Waller Avenue between Lyon Place and Maple Avenue from November 30, 2020 through December 16, 2020. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 29. Communication from Commissioner of Public Safety in relation to a 2020-2021 Pedestrian Safety Initiative Grant in the amount of $13,100 by the New York State Governor’s Traffic Safety Commission. F/S 30. Ordinance authorizing the Mayor, or his designee to execute the documents necessary to accept a 2020-2021 Grant Award from the New York State Governor’s Traffic Safety Committee to be used for a Pedestrian Safety Initiative by the Department of Public Safety. ADOPTED 6 - 0. Absent: Mrs. Hunt- Robinson 31. Communication from Commissioner of Public Safety in relation to a five (5) year Inter- municipal Agreement (IMA) with the County of Westchester for participation in a Mutual Aid and Rapid Response Plan. F/S 32. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to enter into a five (5) year Inter-municipal Agreement (IMA) with the County of Westchester for participation in a Mutual Aid and Rapid Response Plan for the period July 31, 2020 through July 30, 2025. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 33. Communication from Commissioner of Finance in relation to an amendment to the Debt Service Budget for Fiscal Year 2020-2021 to record the retirement of higher interest rate, outstanding bonds with the issuance of lower interest rate refunding bonds. F/S 34. Ordinance of the Common Council of the City of White Plains amending the Debt Service Budget for Fiscal Year 2020-2021 to record the retirement of higher interest rate, outstanding bonds with the issuance of lower interest rate refunding bonds. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 35. Communication from Commissioner of Recreation and Parks in relation to a grant from the Westchester County Department of Senior Programs and Services in the amount of $2,184 for the III-B Transportation Services/Unmet Needs Program. F/S 36. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to receive a grant from the Westchester County Department of Senior Programs and Services for Transportation Programs administered by the Department of Recreation and Parks. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 37. Communication from Director, Youth Bureau, in relation to a grant reduction from Westchester County to provide Summer Employment Services to youth ages 14 - 20.  F/S 38. Ordinance authorizing the City of White Plains to enter into an amended or new agreement with Westchester County to reduce the grant amount of the TANF Summer Employment Services Program and to authorize the Budget Director to amend the FY 2020-2021 Budget to reflect the grant reduction. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 39. Communication from Director, Youth Bureau, in relation to a New York State SUNY grant in the amount of $11,500 in support of the Great Potential Program. F/S 40. Ordinance of the Common Counsel of the City of White Plains authorizing the Mayor to receive a SUNY Purchase Great Potential Program Award in the amount of $11,500, and to authorize the Budget Director to amend the FY 2020/2021 Youth Development Fund to reflect this award. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 41. Communication from Commissioner of Parking in relation to fees charged for parking permits for residents and non-residents at City commuter parking facilities, and a surcharge to all permit fees for electrical charging. F/S 42. Ordinance amending Exhibit IV of Section 201 of Article II of the Traffic Ordinance of the City of White Plains, adding Non-residential rates, and a surcharge to all Permit Fees for electrical charging. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 43. Communication from Commissioner of Parking in relation to an agreement with Integrated Technical Systems, Inc., pertaining to hardware and software warranties on 156 multi-space parking meters in use throughout the City’s Municipal Parking System. F/S 44. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to execute a 2020-2021 renewal agreement on behalf of the City of White Plains with Integrated Technical Systems, Inc., pertaining to hardware and software warranties on 156 multi-space parking meters in use throughout the City’s Municipal Parking System. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson 45. Communication from Deputy Commissioner of Parking in relation to amendments to the Traffic Ordinance at various locations around the City. F/S 46. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to rescinding Two Hour Parking on Tompkins Avenue between Harwood and Seneca Avenues, amending One Hour Parking on Tompkins Avenue between Seneca and Cloverdale Avenues to Harwood and Cloverdale Avenues and adding a twenty (20) mile an hour speed for vehicles on Morgan Place between  Hubbard and Elmwood Road, and on Dellwood Road between Fernwood Road and the Leffell School. ADOPTED 6 - 0. Absent: Mrs. Hunt-Robinson RESOLUTION: ITEMS 47 - 57 F/S 47. Communication from Commissioner of Building in relation to an application submitted on behalf of 37 DeKalb Owner LLC for a site plan extension for the adaptive reuse of a former nursing home to residential housing. 48. Communications from Design Review Board 49. Commissioner of Planning 50. Planning Board 51. Commissioner of Public Safety 52. Commissioner of Public Works 53. Deputy Commissioner of Parking 54. Transportation Commission 55. Commissioner of Parking 56. Westchester County Planning Board 57. Environmental Officer 58. Environmental Findings Resolution ADOPTED 59. Resolution of the Common Council of the City of White Plains extending the Special Permit and Site Plan Approval originally granted on August 5, 2019, for an additional one year expiring on August 5, 2021 to 37 DeKalb Owner LLC (“Applicant”), owner of the property known as 37 DeKalb Avenue, also known as Section 131.21, Block 1, Lot 1, to convert a former nursing home to a 21 unit apartment building. ADOPTED ITEMS 60 - 70 F/S 60. Communication from Commissioner of Building in relation to an application submitted on behalf of LMC/Lennar Multifamily Communities, LLC, acting through Maple and Broadway Holdings, LLC, the owner of the premises at 60 South Broadway to construct a multi-use development of residential, retail and parking. 61. Communications from Design Review Board 62. Commissioner of Planning 63. Planning Board 64. Commissioner of Public Safety 65. Commissioner of Public Works 66. Deputy Commissioner of Parking 67. Transportation Commission 68. Commissioner of Parking 69. Westchester County Planning Board 70. Environmental Officer 71. Environmental Findings Resolution ADOPTED 72. Resolution of the Common Council of the City of White Plains extending the  amended site plan approval originally granted on March 4, 2019 for an additional one year expiring on March 4, 2021 to LMC/Lennar Multifamily Communities, LLC acting through Maple and Broadway Holdings, LLC, the owner of the premises located at 60 South Broadway, to construct two 28 story rental apartment buildings containing a total of 814 dwelling units, 28,014 square feet of retail space and a below grade parking garage containing 907 parking spaces. ADOPTED 73. Communication from Environmental Officer in relation to the Preliminary Final Environmental Impact Statement (FEIS) regarding the petition to amend the Zoning Ordinance to create a new “Planned Residential Development District” affecting real property known as 52 North Broadway. F/S 74. Resolution of the Common Council of the City of White Plains accepting the Preliminary Final Environmental Impact Statement (FEIS) dated September 18, 2020, regarding the petition to amend the Zoning Ordinance to create a new “Planned Residential Development District” affecting real property known as 52 North Broadway, on behalf of WP Development NB, LLC. ADOPTED 75. Communication from the City Clerk in relation to a request submitted on behalf of Mamasushi White Plains, LLC, d/b/a Mamasushi, for a waiver of the thirty (30) day notification requirement set forth in Section 64(2)(a) of the New York Alcoholic Beverage Control Law. F/S 76. Resolution of the Common Council of the City of White Plains waiving the thirty (30) day notification requirement set forth in the New York State Alcoholic Beverage Control Law in regard to an application submitted on behalf of Mamasushi White Plains, LLC, d/b/a Mamasushi and located at 170-172 Mamaroneck Avenue. ADOPTED ITEM FOR REFERRAL: 77. Communication from Commissioner of Building in relation to a submission on behalf of LMC/Lennar Multifamily Communities, through its affiliate LM VII MMP Holdings, LP, of the proposed exterior signage package for the development at 131 Mamaroneck Avenue and 9 Mitchell Place. F/S AND REFERRED TO LAW, BUILDING DEPARTMENT, DESIGN REVIEW BOARD, PLANNING DEPARTMENT, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPARTMENT, WESTCHESTER COUNTY PLANNING BOARD AND THE ENVIRONMENTAL OFFICER ITEM FOR INFORMATION: 78. Communication from Commissioner of Building in relation to an application submitted on behalf Arhaus Furniture for a Minor Amendment to a previously approved site plan to make certain exterior modifications to the western corner of the Westchester Mall, located at 125 Westchester Avenue. F/S/A