White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING August 1, 2022 7:30 PM PLEDGE TO THE FLAG: Hon.Nadine Hunt- Robinson ROLL CALL: City Clerk PUBLIC HEARING: MARTIN BRASCH 1. Communication from the City Clerk transmitting correspondence from DelBello Donnellan Weingarten Wise & Wiederkehr, LLP on behalf of Voda Solar Resource LLC requesting an adjournment of the hearing pertaining to the requested amendment to an approved site plan and associated planned campus development master plan at 1133 Westchester Avenue. F/S 2. Public Hearing in relation to an application submitted on behalf of Voda Solar Resources LLC for an amendment to an approved site plan and associated planned campus development at 1133 Westchester Avenue, White Plains NY. ADJOURNED TO OCTOBER 3, 2022 BRASCH HUNT-ROBINSON 3. Communication from the City Clerk transmitting correspondence from Zarin & Steinmetz on behalf of TB White Plains Apartments LLC., requesting an adjournment of the hearing pertaining to an application requesting an requesting an amendment of the Site Plan and Special Permit for a mixed-use project at 80 Westchester Avenue (aka "Adora Row") F/S 4. Public Hearing in relation to an application submitted on behalf of TB White Plains Apartments LLC., for an extension of the Site Plan and Special Permit Approval for their mixed-use project at 80 Westchester Avenue (aka "Adora Row"). ADJOURNED TO SEPTEMBER 6, 2022 HUNT-ROBINSON PUJA 5. Public Hearing in relation to an application submitted for a special permit for outdoor dining at Archie Grand located at 166B Mamaroneck Avenue. ADJOURNED TO SEPTEMBER 6, 2022 ITEMS 5-14 F/S 6. Communications from Commissioner of Building 7. Desig n Review Board 8. Com missioner of Planning 9. White Plains Planning Board 10. Commissioner of Public Safety 11. Commissioner of Public Works 12. Deputy Commissioner of Parking 13. Transportation Commission 14. Commissioner of Parking 15. Env ironmental Officer 16. Environmental Findings Resolution TABLED 17. Resolution of the Common Council of the City of White Plains granting the application made on behalf of Archie Grand for a Special Permit to allow outdoor dining at 166B Mamaroneck Avenue. TABLED PUJA PAYNE 18. Public Hearing in relation to an application submitted on behalf of Sundance Kitchen and Cantina for outdoor dining located at 208 Mamaroneck Avenue. ADJOURNED TO SEPTEMBER 6, 2022 ITEMS 18-27 F/S 19. Communications from Commissioner of Building 20. Desig n Review Board 21. Com missioner of Planning 22. White Plains Planning Board 23. Commissioner of Public Safety 24. Commissioner of Public Works 25. Deputy Commissioner of Parking 26. Transportation Commission 27. Commissioner of Parking 28. Env ironmental Officer 29. Environmental Findings Resolution TABLED 30. Resolution of the Common Council of the City of White Plains granting the application made by Genaro Dominguez on behalf of Sundance Kitchen and Cantina for a Special Permit to allow Outdoor Dining at 208 Mamaroneck Avenue. TABLED PAYNE PRESSER 31. Public Hearing in relation to an application submitted on behalf of Cantina Taqueria and Tequila Bar for a special permit to operate an accessory cabaret at property located at 166A Mamaroneck Avenue.ADJOURNED TO SEPTEMBER 6, 2022 ITEMS 31-40 F/S 32. Communications from Commissioner of Building 33. Desig n Review Board 34. Com missioner of Planning 35. White Plains Planning Board 36. Commissioner of Public Safety 37. Commissioner of Public Works 38. Deputy Commissioner of Parking 39. Transportation Commission 40. Commissioner of Parking 41. Env ironmental Officer 42. Environmental Findings Resolution TABLED 43. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Cantina Taqueria and Tequila Bar for a Special Permit to Operate an Accessory Cabaret at 166A Mamaroneck Avenue. TABLED SECOND READING ORDINANCES: MARTIN PRESSER 44. Communication from the Commissioner of Building in relation to the proposed amendment to the Zoning Ordinance with respect to Solar Energy Systems. F/S ITEMS 44-54A F/S 45. Communications from Design Review Board 46. Planning Board 47. Commissioner of Public Safety 48. Commissioner of Public Works 49. Deputy Commissioner Parking 50. Transportation Commission 51. Commissioner of Parking 52. Westchester County Planning Board 53. Environmental Office 54. Commissioner of Planning 54a. Proposed modifications to the amendment to the Zoning Ordinance with respect to Solar Energy Systems. F/S 55. Environmental Findings Resolution ADOPTED MARTIN PRESSER 56. Ordinance amending "The Zoning Ordinance of the City of White Plains" with respect to Solar Energy Regulations. ADOPTED 7-0 FIRST READING ORDINANCES: MARTIN BRASCH 57. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5603, entitled “Library Building Exterior Rehabilitation.” F/S 58. Communication from the Environmental Officer. F/S 59. Environmental Findings Resolution ADOPTED 60. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No.C5603, entitled “Library Building Exterior Rehabilitation.” ADOPTED 7-0 61. Bond Ordinance, dated August 1, 2022, 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 construction or reconstruction of City-owned buildings. ADOPTED 7-0 BRASCH HUNT-ROBINSON ITEMS 62-66 TABLED 62. Communication from Chairman, Capital Projects Board, in relation to Capital Project No.C5602, entitled “ Delfino Park Improvements.” 63. Communication from the Environmental Officer. 64. Environmental Findings Resolution 65. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5602, entitled “Delfino Park Improvements.” 66. Bond Ordinance, dated August 1, 2022, authorizing the issuance of $71,000 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, construction and/or reconstruction of park and recreational areas. HUNT-ROBINSON PUJA 67. Communication from Chairman, Capital Projects Board, in relation to Capital Project No.SW5604, entitled “Miscellaneous Sanitary Sewer Reconstruction FY23.” F/S 68. Communication from the Environmental Officer. F/S 69. Environmental Findings Resolution ADOPTED 70. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project ”No.SW5604, entitled “Miscellaneous Sanitary Sewer Reconstruction FY23.” ADOPTED 7-0 71. Bond Ordinance, dated August 1, 2022, authorizing the issuance of $505,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of the improvements to the City’s sanitary sewer system. ADOPTED 7-0 PUJA PAYNE 72. Communication from the Corporation Counsel in relation to executing an estoppel agreement for the contract of sale for private redevelopment among the City of White Plains, the White Plains Urban Renewal Agency, and WP North Tower LLC and White Plains South Tower LLC, as the successors to LCOR 55 Bank Street LLC with respect to 55 and 57 Bank Street, as amended. F/S 73. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to execute an estoppel agreement for the contract of sale for private redevelopment among the City of White Plains, the White Plains Urban Renewal Agency, and WP North Tower LLC and White Plains South Tower LLC, as the successors to LCOR 55 Bank Street LLC with respect to 55 and 57 Bank Street, as amended. ADOPTED 7-0 PAYNE PRESSER 74. Communication from the Corporation Counsel in relation to settling certain tax review proceedings. F/S 75. Ordinance authorizing the settlement of certain tax review proceedings. PRESSER MARTIN 76. Communication from the Corporation Counsel in relation to authorizing an agreement to subordinate the PILOT mortgage among the County of Westchester Industrial Development Authority, GS White Plains Owner, LLC and the City as Mortgagee with respect to a utility easement to be granted by GS White Plains Owner, LLC to Consolidated Edison Company of New York, Inc. on their property at 25 North Lexington Avenue. ADOPTED 7-0 77. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to enter into an agreement to subordinate the PILOT mortgage among the County of Westchester Industrial Development Authority, GS White Plains Owner, LLC and the City as Mortgagee with respect to a utility easement to be granted by GS White Plains Owner, LLC to Consolidated Edison Company of New York, Inc. on their property at 25 North Lexington Avenue. ADOPTED 7-0 MARTIN BRASCH 78. Communication from Commissioner of Public Safety accepting a 2022 Livescan Equipment Program grant in the amount of $15,000 for the purchase and installation of a digital Livescan Fingerprinting Processing System. F/S 79. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to execute all documents required in connection with the acceptance of a grant for Livescan Equipment in the amount of $15,000 from New York State and to direct the Budget Director to amend the FY 2022-2023 Public Safety grant fund to reflect the receipt and appropriation of these grant funds. ADOPTED 7-0 BRASCH HUNT-ROBINSON 80. Communication from Commissioner of Public Works in relation to the closure of portions of Public Streets for various events and celebrations taking place in 2022. F/S 81. Ordinance of the Common Council of the City of White Plains authorizing the closure of portions of Public Streets for various events and celebrations taking place in 2022. ADOPTED 7-0 HUNT-ROBINSON PUJA 82. Communication from Commissioner of Public Works in relation to temporarily amending the White Plains Municipal Code Section 7-9-3, Sidewalk Cafés. F/S 83. Ordinance of the City of White Plains temporarily amending the White Plains Municipal Code Section 7-9-3, Sidewalk Cafés. ADOPTED 7-0 PUJA PAYNE 84. Communication from the Director of the Youth Bureau in relation to a contract with Pahwa LLC to provide the Youth Bureau’s Community Needs Assessment for the Infrastructure Enhancement & Needs Assessment grant. F/S 85. Ordinance of the Common Council of the City of White Plains authorizing the Youth Bureau to enter into a contract with Pahwa LLC to provide consulting services. ADOPTED 7-0 PAYNE PRESSER 86. Communication from Director of the Youth Bureau in relation to approving the Youth Bureau’s Before School Program for the 2022/23 school year. F/S 87. Ordinance of the Common Council of the City of White Plains approving thY e outh Bureau's Before School Program for the 2022/23 school year. ADOPTED 7-0 PRESSER MARTIN 88. Communication from the Director of the Youth Bureau authorizing an agreement to receive $16,954 in grant funding from the Westchester County Youth Bureau to support the 2022 Summer Youth Employment Program. F/S 89. Ordinance authorizing the City of White Plains to receive a grant and enter into an agreement with the County of Westchester to fund the Youth Bureau's 2022 Summer Youth Employment Program and to authorize the Budget Director to amend the FY 2022/23 Youth Development Fund to reflect this grant. ADOPTED 7-0 MARTIN BRASCH 90. Communication from the Budget Director requesting authorization to transfer funds and amend department budgets as part of the year end close of Fiscal Year F/S 91. Ordinance of the Common Council of the City of White Plains to transfer funds and amend department budgets as part of the year end close of Fiscal Year 2021-2022. ADOPTED 7-0 BRASCH HUNT-ROBINSON 92. Communication from the Budget Director recommending the transfer of $1,000,000 from the General Fund Reserve for financing to the Self Insurance Fund to increase the reserves for liability claims. F/S 93. Ordinance Authorizing the transfer of funds from the 2021-2022 General Fund Reserve for financing and to amend the Self Insurance Fund as part of the Year End Close of Fiscal Year 2021-2022. ADOPTED 7-0 HUNT-ROBINSON PUJA 94. Communication from the Budget Director authorizing the transfer of funds for the estimated outstanding union contract accruals. F/S 95. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to direct the Budget Director to make the necessary budget amendments and to transfer from the General, Library, Sewer Rent and Water Fund Reserves for financing to appropriate expense codes, an amount up to $1,413,684, to record accrued liabilities. ADOPTED 7-0 PUJA PAYNE 96. Communication from the Commissioner of Purchase to accept a donation of furniture. F/S 97. 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 office furniture. ADOPTED 7-0 RESOLUTIONS: PAYNE PRESSER 98. Communication from the Mayor requesting to schedule a Public Hearing for September 6, 2022 in relation to a Local Law amending Chapter 3-7 of the White Plains Municipal Code, Community Choice Aggregation (Energy) Program. F/S 99. Local Law Introductory No. 1 of 2022. A Local Law to amend the Community Choice Aggregation (Energy) Program. OFFER ONLY 100. Resolution of the Common Council of the City of White Plains, noticing a Public Hearing for September 6, 2022 in relation to a Local Law amending Chapter 3-7 of the White Plains Municipal Code, Community Choice Aggregation (Energy) Program. ADOPTED PRESSER MARTIN 101. Communication from the Deputy Commissioner of Planning requesting authorization to enter into an agreement to extend the closing date of the New York State Affordable Home Ownership Development Program grant from the New York State Affordable Housing Corporation. F/S 102. Resolution of the Common Council of the City of White Plains, New York authorizing the Mayor, or his designee, to enter into an agreement to extend the closing date of the NYS Affordable Home Ownership Development Program Grant from the NYS Affordable Housing Corporation. ADOPTED MARTIN BRASCH 103. Communication from Commissioner of Building in relation to an application submitted by Bleakley, Platt and Schmidt LLP on behalf of 10 DeKalb, LLC, the owner of 10 DeKalb Avenue for an application for an amendment to the previous site plan approval which was originally granted in 2013. F/S ITEM 102-111 F/S 104. Communications from Design Review Board 105. Com missioner of Planning 106. White Plains Planning Board 107. Commissioner of Public Safety 108. Commissioner of Public Works 109. Deputy Commissioner of Parking 110. Transportation Commission 111. Commissioner of Parking 112. W estchester County Planning 113. Env ironmental Officer 114. Environmental Findings Resolution ADOPTED 115. Resolution of the Common Council of the City of White Plains approving the application for the project known as La Gianna, submitted on behalf of 10 DeKalb Ave., LLC, for an amendment to an approved site plan to renovate and update an exterior recreation terrace at property known as 10 DeKalb Avenue. ADOPTED  ITEMS FOR REFERRAL: BRASCH HUNT-ROBINSON 116. Communication from Commissioner of Building in relation to an application submitted on behalf of 20 Haarlem Avenue, 27 Holland Avenue and 7-11 Holland Avenue for an extension to Site Plan Approval associated with the redevelopment of that property. Filed and spread and referred to Law, Building Department, Design Review Board, Planning Department, Planning Board, Public Safety, Public Works, Traffic Division, Transportation Commission, Parking Department, Environmental Officer. 117. Communication from Commissioner of Building in relation to an application submitted by 37 DeKalb Owner, LLC, for an extension of the Site Plan Approval associated with the redevelopment project at 37 DeKalb Avenue. Filed and spread and referred to Law, Building Department, Design Review Board, Planning Department, Planning Board, Public Safety, Public Works, Traffic Division, Transportation Commission, Parking Department, Environmental Officer.