COMMON COUNCIL
AGENDA
REGULAR STATED MEETING
April 5, 2010
7:30 P.M.
PLEDGE TO THE FLAG: Hon. David Buchwald
ROLL CALL: City Clerk
RECOGNITION: White Plains Beautification Foundation
Volunteerism Award
Japanese Taiko Drumming Program
Arts & Humanities Award
Funny Bunny Morning
Special Event Award Class II
APPOINTMENTS:
1. Communication from the Council President in relation to appointments and re-appointments to the Conservation Board.
LOCAL LAW:
2. Public Hearing in relation to Local Law Introductory No. 1 of 2010, a Local Law to amend the City Charter in relation to Sewer Rents.
3. Local Law Introductory No. 1 of 2010. A Local Law to amend the Charter of the City of White Plains in relation to Sewer Rents.
ADJOURNED
PUBLIC HEARINGS:
4. Public Hearing in relation to the application submitted on behalf of the applicant Mac Corporation d/b/a Elements Restaurant for a Special Permit for Outdoor Dining (at grade) located at 161 Mamaroneck Avenue.
5. Communication from the City Clerk
6. Public Hearing in relation to an application submitted by BMS Management Corp. for an amendment to the Zoning Ordinance to allow the parking of commercial vehicles at motor vehicle service stations in the BR-1 District.
7. Communication from the City Clerk
PUBLIC HEARINGS:
8. Public Hearing on the Section 8 Housing Assistance Program Annual Plan.
9. Communication from Commissioner of Planning
10. Resolution authorizing the Mayor to submit to the United States Department of Housing and Urban Development an Agency Plan and all required certifications for the Section 8 Housing Assistance Program.
FIRST READING
ORDINANCES:
11. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings.
12. Ordinance authorizing the settlement of certain tax review proceedings.
13. Communication from Commissioner of Public Safety in relation to a Memorandum of Agreement and Plan of Operation between the City and the New York State Division of Criminal Justice to participate in the 1033 Federal Excess Property Program.
14. Ordinance authorizing the Mayor and his designee to enter into a Memorandum of Agreement and Plan of Operation on behalf of the City of White Plains with the New York State 1033 Program Coordinator, acting on behalf of New York State and the Division of Criminal Justice Services, to participate in the 1033 Federal Excess Property Program.
15. Communication from the Mayor in relation to the acquisition and rehabilitation of 10 Odell Avenue by the Urban Renewal Agency, and the sale of the property to a qualified family with income not to exceed 80% of the median area income.
16. Communication from Environmental Officer
17. Environmental Findings Resolution
18. Communication from Commissioner of Planning
19. Resolution amending the Affordable Home Ownership Program of the City of White Plains initially adopted June 7, 2004 with amendments through May 22, 2008, to enable to White Plains Urban Renewal Agency to undertake Affordable Housing Projects, act in the capacity of an Affordable Housing Project Sponsor and qualify for consideration for funding from the City’s Affordable Housing Assistance Fund.
20. Communication from Commissioner of Planning
21. Ordinance of the Common Council of the City of White Plains (“City”) granting the application submitted by the White Plains Urban Renewal Agency (“Agency”) under Section IV of the City’s Affordable Home Ownership Program Rules and Procedures, as amended, for a grant of $160,000 from the City’s Affordable Housing Assistance Fund for the acquisition by the Agency from the City for a purchase price of $150,000, of the deteriorated property located at 10 Odell Place (Tax Lot 130.35-35-3-16), with $10,000 for related acquisition and subsequent disposition costs, for the purposes of the rehabilitation and subsequent sale of the 10 Odell Avenue property to a moderate income, first time home buyer family qualified under such Affordable Home Ownership Program Rules and Procedures.
22. Resolution of the Common Council of the City of White Plains authorizing and directing the preparation and execution of a deed and other necessary closing documents conveying the City owned parcel shown on the Tax Maps of the City of White Plains as Tax Lot 130.35-3-16 and also known as 10 Odell Avenue (“Property”) to the White Plains Urban Renewal Agency for the purposes of rehabilitation the property and then conveying it to a first time home buyer family with an income not to exceed 80% of Area Median Income that has been qualified under the City of White Plains Affordable Home Ownership Program Rules and Regulations.
23. Communication from Corporation Counsel and Commissioner of Planning regarding a modification to the agreement between the City and Community Housing Innovations, Inc., (“CHI”) in relation to funds allocated to the Affordable Home Ownership Project located at 5 Minerva Place.
24. Ordinance of the Common Council of the City of White Plains amending the amended and restated agreement between the City of White Plains and Community Housing Innovations, Inc., regarding the allocation and recapture of funds awarded to Community Housing Innovations, Inc., from the White Plains Affordable Housing Assistance Funds pursuant to the White Plains Affordable Home Ownership Assistance Program.
25. Communication from the Commissioner of Finance regarding amendments to the White Plains Municipal Code and 2009 – 2010 Table of Organization by adding, defunding and abolishing certain positions.
26. Ordinance amending the 2009-2010 Table of Organization by adding, defunding and abolishing certain positions.
27. Communication from Commissioner of Finance in relation to a proposed amendment to an previously adopted ordinance regarding a contract with the Federal Emergency Management Agency (FEMA) in order to receive a 2008 Assistance to Fire Fighters Grant, and authorizing a transfer of funds with the Special Reserve Fund Budget.
28. Ordinance amending an ordinance entitled, “An ordinance authorizing the Mayor to enter into a contract with the Federal Emergency Management Agency (FEMA), in order to receive a 2008 Assistance to Fire Fighters Grant, which has been awarded to the Department of Public Safety – Fire Bureau and to authorize the transfer of funds within the City Special Reserve Fund Budget to reflect said Grant.”
29. Communication from Acting Commissioner of Recreation and Parks in relation to the closure of certain public streets and appropriate parking restrictions on April 10, 2010, for the White Plains Little League Opening Day Parade to celebrate its upcoming season.
30. Ordinance of the Common Council of the City of White Plains authorizing the closure of certain public streets and appropriate parking restrictions on April 10, 2010, for the White Plains Little League Opening Day Parade to celebrate its upcoming season.
31. Communication from Acting Commissioner of Recreation and Parks in relation to a proposed amendment to the Traffic Ordinance to include a new violation entitled, “Parked Without Valid Registration.”
32. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to requiring a valid registration to be properly affixed to vehicles parked on a public street or public municipal parking spaces.
33. Communication from Director, Youth Bureau, in relation to a contribution in the amount of $1,500 from Beta Alpha Alpha Foundation to help offset the cost for the Saturday Academy’s Washington D.C. trip.
34. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to accept, on behalf of the City of White Plains Youth Bureau, a contribution from the Beta Alpha Alpha Foundation to offset travel expenses for the Saturday Academy’s planned trip to Washington D.C.
35. Communication from Director, Youth Bureau, in relation to a contribution in the amount of $500 from the Beta Alpha Alpha Chapter of Omega Psi Phi Fraternity, Inc., to help offset the cost for the Saturday Academy’s Washington D. C. trip.
36. Ordinance of the City of White Plains authorizing the Mayor to accept, in behalf of the Cit of White Plains Youth Bureau, a contribution from the Beta Alpha Alpha Chapter of Omega Psi Phi Fraternity to offset travel expenses for the Saturday Academy’s planned trip to Washington D. C.
37. Communication from Director, Youth Bureau, in relation to a contract with the Memorial United Methodist Church, 250 Bryant Avenue, to lease a portion for various times during the week to operate the Future Excel Program which will be funded through the 21st Century Grant.
38. Ordinance authorizing the Mayor to enter into a contract with the Memorial Methodist Church to lease a portion of its premises to conduct the Youth Bureau’s Future Excel Program.
39. Communication from Commissioner of Traffic in relation to a transfer of funds from Reserve for Financing to reflect additional costs for electricity within the Department Budget until energy credits are received from Con Edison.
40. Ordinance authorizing the transfer of funds from the FY 2009 – 2010 Reserve for Financing in order to reflect additional costs within the Traffic Department.
RESOLUTIONS:
41. Communication from the Budget Director in relation to the scheduling of a public hearing for May 3, 2010, on the proposed Tax Budget of the City of White Plains for the Fiscal Year July 1, 2010 to June 30, 2011.
42. Resolution of the Common Council of the City of White Plains in relation to scheduling a public hearing for May 3, 2010 for Fiscal Year 2010-2011 Budget.
43. Communication from Corporation Counsel in relation to a non-exclusive license agreement between the City and Bensidoun USA, Inc., for the purpose of operating a Farmers’ Market on real property owned by the City and located at 125 Court Street.
44. Resolution of the Common Council of the City of White Plains authorizing the Mayor to enter into a non-exclusive license agreement between the City of White Plains and Bensidoun USA, Inc., for the purpose of operating a Farmer’s Market on real property owned by the City at 125 Court Street.
45. Communication from Acting Commissioner of Recreation and Parks in relation to a contract with the County of Westchester for the Senior Community Service Employment Project (SESEP) under Title V of the Older Americans Act of 1976 and for the period of July 1, 2009 to June 30, 2010.
46. Resolution authorizing the Mayor to execute a contract with the County of Westchester for the Senior Community Service Employment Project (SESEP) under Title V of the Older Americans Act of 1976 and for the period of July 1, 2009 to June 30, 2010.
47. Communication from the City Clerk in relation to a request submitted on behalf of Pane, LLC, 1 North Broadway, for a waiver of the thirty (30) day notification period required under New York State Alcohol Beverage Control Law for an application for a new on-premise liquor license.
48. Resolution of the Common Council of the City of White Plains waiving the thirty (30) day notification requirement set forth in Section 64(2)(a) of the New York Alcoholic Beverage Control Law in regard to an application submitted on behalf of Pane LLC, located at One North Broadway (formerly City Center Care d/b/a Antipasti), to apply for an on-premise liquor license to seel alcoholic beverages.
49. Communication from the Mayor in relation to appointments and a re-appointment to the White Plains Cable Television Access Commission.
50. Resolution of the Common Council of the City of White Plains appointing members of the White Plains Cable Television Access Commission, Inc.
ITEMS FOR REFERRAL:
51. Communication from the City Clerk transmitting a Management Plan submitted on behalf of North Street Community LLC and the Engel Burman Group in conjunction with the site plan approval to construct an Assisted Living Facility in the Planned Senior Residential Development District at 305 North Street (formerly St. Agnes Hospital).
52. Communication from Commissioner of Building transmitting an application submitted by MAK Restaurant Corp., d/b/a Elements Restaurant, for a one year renewal of a Special Permit for Cabaret Use at 161 Mamaroneck Avenue.
ITEMS FOR INFORMATION:
53. Communication from the City Clerk formally transmitting materials submitted in compliance with conditions of approval for the following two projects: Avalon Bay Communities, 27 Barker Avenue, known as Avalon White Plans, submitting a list of the green measures incorporated into the finished building to comply with Condition No. 40 of the original resolution dated July 5, 2006; and LCOR 55 Bank Street LLC, 55 Bank Street, in accordance with condition No. 21 of the resolution dated November 5, 2009, requiring the applicant to identify the green technology components of the project.
54. Communication from the Mayor in relation to additional appointments to the White Plains Sustainability and Environmental Enhancement Committee (Ad Hoc).
55. Communication from Commissioner of Building in relation to a request submitted by Pepe Motors for a Minor Amendment to a previously approved site plan to permit the enclosure of an existing exterior canopy area at the rear of the building located at 50 Bank Street.