THE WORLD READS WHITE PLAINS CITIZENETREPORTER — 8,324,077 VISITS IN ONE YEAR

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. November 2,2009: The Common Council meets this evening in its usual light pre-Election night agenda. Of interest is approval of another round of certiorari payments, plus a resolution changing the mix of the LCOR affordable housing and market rate apartments at the stalled 55 Bank Street development. The resolution eliminates the office space previously proposed and expands the number of rental units.

The agenda:

COMMON COUNCIL
AGENDA
REGULAR STATED MEETING
November 2, 2009
7:30 P.M.

PLEDGE TO THE FLAG:              Hon. Rita Malmud

ROLL CALL:                                        City Clerk

YOUTH OF
THE YEAR:                                     Adrien Merveille

EMPLOYEE                                     Susan Murphy
OF THE MONTH:                          Associate Engineer
                                                 Department of Public Works 

ADJOURNED
PUBLIC HEARINGS:

1.       Public Hearing in relation to the petition submitted on behalf of applicant BMS Management Corporation for a proposed amendment to the Zoning Ordinance of the City of White Plains to permit the parking of commercial vehicles at motor vehicle service stations and/or repair shops in the BR-1 Zoning District.

2.         Communications from        Commissioner of Building

3.                                                   Planning Board

FIRST READING
ORDINANCES:

4.       Communication from Special Counsel with reference to settlement of certain tax review proceedings.

5.        Ordinance authorizing the settlement of certain tax review proceedings.

6.       Communication from Corporation Counsel in relation to the renewal of the annual contract with the Thomas H. Slater Center.

7.       Ordinance authorizing the Mayor to renew the annual contract with the Thomas H. Slater Center, Inc., for the operation of the Thomas H. Slater Center.

8.       Communication from Corporation Counsel in relation to ordinances providing for the leasing of space for the operation of a skate shop and operation of a food concession at Ebersole Ice Rink in Carl J. Delfino Park.

9.                 Ordinance amending an ordinance entitled, “An ordinance providing for the leasing of space for the purpose of maintaining and operating a food concession at Carl J. Delfino Park – Ebersole Ice Rink in the City of White Plains.”

10.               Ordinance amending an ordinance entitled, “An ordinance providing for the leasing of space for the purpose of maintaining and operating a skate shop at Carl J. Delfino Park – Ebersole Ice Rink in the City of White Plains.”

11.     Communication from Commissioner of Public Safety in relation to a contract with the New York State Department of Criminal Justice Services to receive an Impact VI Grant.

12.               Ordinance authorizing the Mayor to enter into a contract with the Ne York State Department of Criminal Justice Services to receive an Impact VI Grant, as well as the transfer of funds within the 2009 – 2010 Special Revenue Fund Budget for the Department of Public Safety in order to increase the Budget to reflect this Grant.

13.     Communication from Commissioner of Public Safety in relation to a grant from the State of New York Governor’s Traffic Safety Committee, Department of Motor Vehicles, to reflect the Buckle Up New York Grant.

14.               Ordinance authorizing an amendment to the 2009 – 2010 General Fund Budget in order to reflect a Buckle Up New York Grant from the State of New York Governor’s Traffic Safety Committee, Department of Motor Vehicles.

15.     Communication from Commissioner of Public Safety in relation to a contract with the Department of Justice Office of Violence Against Women, to receive a grant to be used by the Department of Public Safety.

16.               Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a contract with the Department of Justice Office on Violence Against Women, in order to receive a Grant to be used by the Department of Public Safety.

17.     Communication from Commissioner of Public Safety in relation to a contract with the United States Department of Justice to amend the 2009 – 2010 Special Revenue Budget to reflect a COPS Technology Program Grant.

18.               Ordinance authorizing the Mayor or his designee to enter into a contract to accept a COPS Technology Program Grant from the United States Department of Justice and to amend the FY 2009 – 2010 Special Revenue Budget to reflect this Grant.

19.     Communication from Director, Youth Bureau, in relation to a contract with the State Education Department for a five year grant of the 21^st Century Community Learning Centers for elementary school children grades 3 through 5.

20.               Ordinance authorizing the Mayor to enter into a contract with the State Education Department to receive a grant on behalf of the City of White Plains Youth Bureau to run the first year of a five year grant of the 21^st Century Community Learning Centers for elementary school children grades 3 through 5.

21.     Communication from Director, Youth Bureau, in relation to a contract from the White Plains Housing Authority to continue the existing Lake Street After School Program for the 2009 – 2010 school year.

22.               Ordinance authorizing the Mayor to enter into a contract to accept a grant, on behalf of the City of White Plains Youth Bureau, from the White Plains Housing Authority to continue the existing Lake Street After School Program for the 2009 – 2010 school year.

23.     Communication from Personnel Officer in relation to a proposed amendment to the Municipal Code and the 2009 – 2010 Table of Organization by adding and abolishing certain positions.

24.               Ordinance amending the 2009 – 2010 Table of Organization by adding and abolishing certain positions.

25.     Communication from Chairman, Traffic Commission, in relation to proposed amendment to the Traffic Ordinance at various locations around the City.

26.               Ordinance amending the Traffic Ordinance of the City of White Plains in relation to Parking Meter Zones, No Parking, One Hour Parking, Speed of Motor Vehicles, Etc., and Left Turns Prohibited.

RESOLUTIONS:

27.     Communication from Commissioner of Planning in relation to an application submitted on behalf of LCOR 55 Bank Street LLC, transmitting an amended site plan for the proposed mixed use development at 55 Bank Street to be comprised of a thirty (30) story building consisting of two (2) 280 foot towers to include modifications to now contain 561 rental apartments (449 market rental units and 112 affordable rental units), approximately 6,000 square feet of street level retail space, elimination of 28,000 square feet of office use, and 711 parking spaces, to accommodate the joint use of the 561 residential units, retail and 200 commuter parking spaces, as well as the parking for a future hotel use not part of the application herein on the adjacent lot with up to 200 rooms, in a structure with six (6) levels of parking.

28.               Communications from        Design Review Board

29.                                                          Planning Board

30.                                                          Commissioner of Public Safety

31.                                                          Commissioner of Public Works

32.                                                          Commissioner of Traffic

33.                                                          Traffic Commission

34.                                                          Westchester County Planning Board (2)

35.                                                          Environmental Officer

36.               Environmental Findings Resolution

37.               Resolution of the Common Council of the City of White Plains granting the application submitted on behalf of LCOR 55 Bank Street LLC, (“Applicant”) for a one (1) year extension and an amendment to its existing initial site plan approval originally adopted by the Common Council on February 4, 2008, for the construction of a residential project on an approximately 98,000 square foot parcel, which is part of an approximately 214,000 square foot designated development site, including a thirty (30) story building consisting of two (2) 280 foot towers to include modifications to now contain 561 rental apartments (449 market rental units and 112 affordable rental units), approximately 6,000 square feet of street level retail space, elimination of 28,000 square feet of office use, and 711 parking spaces, to accommodate the joint use of the 561 residential units, retail and 200 commuter parking spaces, as well as the parking for a future hotel use not part of the application herein on the adjacent lot with up to 200 rooms, in a structure with six (6) levels of parking, on a premises which is situated westerly of Bank Street, southerly of main Street, and easterly of the Metro North Railroad, in accordance with the Zoning Ordinance of the City of White Plains and the Contract for Sale of Land among the White Plains Urban Renewal Agency, the City of White Plains and LCOR, for private redevelopment of the property known as 55 Bank Street (“LCOR LDA First Amendment”).

ITEMS FOR REFERRAL:

38.     Communication from Commissioner of Building in relation to a request submitted by 169 White Plains Rest., Inc., d/b/a The Porter House, for a Special Permit for Cabaret Use at 169 Mamaroneck Avenue.

39.     Communication from Commissioner of Building in relation to a request submitted by DR & RD Inc., d/b/a The Brazen Fox, for the renewal of a Special Permit for Cabaret Use at 175 – 179 Mamaroneck Avenue

40.     Communication from Commissioner of Building in relation to a request submitted by J.N.J. Enterprises, Inc., d/b/a Lazy Boy Saloon and Ale House, and Lazy Lounge, for a Special Permit for Cabaret Use at 152 – 154 Mamaroneck Avenue

41.     Communication from Commissioner of Building in relation to a request submitted by Keiko New York Inc., d/b/a Asian Temptation, for a Special Permit for Cabaret Use at 23 Mamaroneck Avenue.

ITEM FOR INFORMATION:

42.     Communication from Director, Youth Bureau, transmitting the selection of Adrien Merveille as the 2009 White Plains Youth of the Year.

43.     Communication from Commissioner of Planning transmitting the 2008 – 2009 Community Development Comprehensive Annual Performance Report

WPCNR POLICE GAZETTE. By John F. Bailey. October 31, 1009: Twelve and 24-hour duty tours are now permanent in White Plains,  according to the President of the White Plains Police Benevolent Association, Jim Carrier.

Jim Carrier announced to WPCNR Saturday morning that the “experimental” 12-hour work shifts for Police Patrols, and 24-Hour duties for White Plains Fire Fighters had become permanent because Commission of Public Safety Dr. Frank Straub announced in a letter to the Mayor that he (Straub) would not terminate the previously “experimental” work schedules.

The Straub decision comes three days after  five members of the Common Council had told Mayor Joseph Delfino and Straub in a raucous work session in the Council chambers that the five of them (Benjamin Boykin, Milagros Lecouna, Rita Malmud, Dennis Power, Tom Roach) felt the experimental status of the rules should be continued, and that, if the unions would agree to the continued status, Straub should terminate the 12-24 duty tours as of January 1. At the Tuesday evening meeting, the Mayor publicly stated he would not direct Straub to do that.

The only way the experimental status can terminate is if the Commissioner notifies the unions 60 days before the experimental status terminates, which was Friday October 30.

Carrier told WPCNR the Commissioner of Public  Safety had sent a 7-page letter, reiterating the success of the program he (Straub) had outlined with charts and figures to the Common Council Tuesday evening. Straub’s letter said, according to Carrier, that in justifying the continuance of the 12-24 program, “he, too had a fiduciary responsibility to the people of White Plains” to continue the program that was saving the department.  (WPCNR is attempting to obtain a copy of the Straub communication from City Hall.)

Letter is anti-climactic.

It became apparent Friday afternoon, with the Common Council failing for three days to schedule any special meetings (within their right to do so)  to pass an official resolution (an action that was available to them) directing  Straub specificly to terminate  the new schedules, that the Council had apparently decided de facto not to make official their position that could be possibly binding.

WPCNR speculates that such a resolution would have produced a legal action from the unions. WPCNR believes two Readings of any resolution directing Straub would be needed because consent on the first reading would not have been unanimous, with Delfino and Councilman Glen Hockley expressing their opposition to any termination Tuesday night.

Carrier said the work duty decision had no affect on the binding arbitration hearings just completed.  Carrier reported to WPCNR earlier this week that both sides, the city and the police and fire unions had completed their arguments in the hearings phase of binding arbitration, and were preparing their final briefs for the arbitrator for submission November 6, afterwhich the arbitrator is expected to make his decision.