COMMON COUNCIL AGENDA REGULAR STATED MEETING AUGUST 4, :30 P.M.

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1 COMMON COUNCIL AGENDA REGULAR STATED MEETING AUGUST 4, :30 P.M. PLEDGE TO THE FLAG: Hon. Dennis Krolian ROLL CALL: City Clerk LOCAL LAWS: 1. Public Hearing in relation to a proposed change to the Charter of the City of White Plains to amend Article VIII-F in its entirety, entitled, Traffic Commission and establishing a Transportation Commission, and scheduling a public hearing for August 4, Local Law Introductory No. 4 for A local law to amend the Charter of the City of White Plains Article VIII-F in its entirety, Traffic Commission and establishing a Transportation Commission. ADJOURNED PUBLIC HEARING: 3. Public Hearing in relation to an application submitted on behalf of Lombardo s Restaurant ( Applicant ) for a Special Permit for Outdoor Dining on private property at the front of the restaurant located at 1203 Mamaroneck Avenue. 4. Public Hearing in relation to the proposed discontinuance of a portion of Hathaway Lane between Ridgeway and Gedney Esplanade pursuant to Section 152 of the White Plains Charter and Section 29 of General City Law. 5. Public Hearings in relation to the application submitted by the French American

2 School of New York (FASNY) for a Special Permit for a Private elementary and secondary school, at 400 Ridgeway on a site containing environmentally sensitive features as defined by Chapter 3-5 of the White Plains Municipal Code; and a Special Permit for the accessory tennis court and basketball court structures thereon. PUBLIC HEARINGS: 6. 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. 7. Public Hearing in relation to the application submitted on behalf of the applicant El Poblano Mexican Rest., Inc., d/b/a El Poblano for a Special Permit for Outdoor Dining on private property at the front of the restaurant located at 239 Central Park Avenue. 8. Public Hearing in relation to the Draft Generic Environmental Impact Statement regarding the proposal submitted on behalf of Urstadt Biddle Properties, Inc., in relation to 60 South Broadway. 9. Public Hearing in relation to a request submitted on behalf of Urstadt Biddle Properties, Inc., for an amendment to the Zoning Ordinance of the City of White Plains to re-zone 60 South Broadway from B-6 Enclosed Mall District to the CB-3 Core Business-3 District, and extending the boundaries of the Central Parking Area to include said property within the Central Parking Area. FIRST READING ORDINANCES: 10. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. 11. Ordinance authorizing the settlement of certain tax review proceedings. 12. Communication from Corporation Counsel in relation to the settlement of the claim of Steven Saunders against the City of White Plains. 13. Ordinance authorizing the settlement of the claim of Steven Saunders against the City of White Plains.

3 14. Communication from Corporation Counsel in relation to the employment of appraisers in connection with the defense of tax review and small claims assessment review proceedings for Fiscal Year Ordinance approving employment of appraisers in connection with the defense of tax review and small claims assessment review proceedings for Fiscal Year Communication from Corporation Counsel in relation to a franchise agreement between the City and Fiber Technologies Networks, LLC regarding a change of control of that entity to Fibertech Facilities, Corp. 17. Ordinance authorizing the assignment of the franchise agreement and ownership of the network of Fiber Technologies Networks, LLC, pursuant to a corporate reorganization to Fibertech Facilities Corp., pursuant to the existing franchise agreement between the City of White Plains and Fiber Technologies Networks, LLC. 18. Communication from Corporation Counsel in relation to a franchise agreement between the City and Sidera Networks of Long Island, Inc., formerly Long Island Fiber Exchange Inc., regarding a change of control of that entity to Light Tower Fiber Networks II, LLC. 19. Ordinance authorizing the change of control of Sidera Networks of Long Island, Inc., pursuant to a fiber optic telecommunication franchise agreement between the City of White Plains and of Sidera Networks of Long Island, Inc., (formerly Long Island Fiber Exchange Inc.) due to the prior acquisition of Long Island Fiber Exchange Inc., by Sidera Networks, Inc., and a prior change in control of Sidera Networks, Inc., and a current corporate restructuring. 20. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5433, Chester Maple Garage Fire System Upgrade. 21. Communication from Environmental Officer. 22. Environmental Findings Resolution 23. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5433, Chester Maple Garage Fire System Upgrade. 24. Bond Ordinance dated August 4, 2014, authorizing the issuance of $252,500 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

4 installation of fire alarm, telephone, or other system of communication or transmission. 25. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5429, Electronic Device Replacement: Fire and Police FY Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5429, Electronic Device Replacement: Fire and Police FY Bond Ordinance dated August 4, 2014, 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 the acquisition and installation of fire or police alarm, telephone, or other systems or communication or transmission. 28. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5431, Miscellaneous Street Reconstruction FY Communication from Environmental Officer. 30. Environmental Findings Resolution 31. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5431, entitled Miscellaneous Street Reconstruction FY Bond Ordinance dated August 4, 2014, authorizing teh issuance of $1,313,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance a portion of the costs of the construction, reconstruction, widening or resurfacing of City streets. 33. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. W5396, Water Filtration Plant Rehabilitation Design and Rehabilitation. 34. Communication from Environmental Officer. 35. Environmental Findings Resolution 36. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by amending the title of Capital Project No. W5396 to Water Filtration Plant Rehabilitation Design and Rehabilitation, and amending the budget for same and authorizing the Mayor to direct the Commissioner of Public Works to utilize negotiated procurement for this project pursuant to Section 213 of the Charter of the City of White Plains. 37. Bond Ordinance dated August 4, 2014, authorizing the issuance of an

5 additional $2,020,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the additional cost of improvements to the City s Water System. 38. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5408, City Fuel Site Upgrades. 39. Communication from Environmental Officer. 40. Environmental Findings Resolution 41. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by amending Capital Project No. C5408, entitled City Fuel Site Upgrades. 42. Bond Ordinance dated August 4, 2014, authorizing the issuance of an additional $50,500 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the additional cost of the acquisition of equipment, machinery and apparatus for fuel site monitoring improvements. 43. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. SW5430, Brookfield Commons Sanitary Sewer Line. 44. Communication from Environmental Officer. 45. Environmental Findings Resolution 46. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. SW5430 entitled, Brookfield Commons Sanitary Sewer Lines. 47. Communication from Commissioner of Public Works in relation to a grant to the New York Power Authority funded by the New York State Energy Research and Development Authority to provide a series of EV charging stations throughout the State. The City was awarded a sub-grant for the installation of ten electric vehicle EV charging stations in several of our municipal parking garages. 48. Ordinance approving a subscription agreement for software to operate and collect fees for use of public electric vehicle service equipment ( EVSE ) between EV Connect, Inc., and the City of White Plains relating to the ten (10) EVSE Units in City of White Plains Parking Garages. 49. Communication from Commissioner of Recreation and Parks in relation to an agreement with the County of Westchester Department of Senior Programs and Homestyle Food Service and Catering, to provide daily lunch catering services for the City s Senior Center Nutrition Program.

6 50. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to execute an agreement with the County of Westchester Department of Senior Programs and Homestyle Food Service and Catering, to provide daily lunch catering services for the City s Senior Center Nutrition Program. 51. Communication from Commissioner of Recreation and Parks in relation to an agreement with the County of Westchester whereby the City will receive an amount not to exceed $4,738 to be used for transportation services for seniors in accordance with the New York State AAA Transportation Program. 52. Ordinance authorizing the Mayor or his designee, to execute an amendment to an agreement with the County of Westchester ( County ) whereby the City of White Plains will receive an amount not to exceed $4,738 to furnish to the County various transportation services for seniors in accordance with the terms and conditions of the New York State AAA Transportation Program for a period from April 1, 2014 through March 31, 2015, and directing the Budget Director to amend the General Fund Budget in order to reflect an award from AAA Transportation in the amount of $4,738, to the City of White Plains to be used for the White Plains Recreation and Parks Senior Citizens Program. 53. Communication from Commissioner of Recreation and Parks in relation to amending agreements with the County of Westchester for the continuing operation of transportation and nutrition programs under the Older Americans Act. 54. Ordinance authorizing the Mayor or his designee, to execute amended agreements with the County of Westchester for Programs for Year 2014 under Titles III-B (Transportation Services), III-C-1 (Nutrition), III-C-2 (Nutrition) and the Nutrition Services Incentive Program (NISP) of the Older Americans Act. 55. Communication from Director, Youth Bureau, in relation to a contract with the New York State Department of Labor Program to receive a grant in the amount of $45,000, to operate the 2014 Summer Youth Employment Program. 56. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee, to enter into a contract with the New 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 FY 2014/15 Youth Development Fund to reflect this grant. RESOLUTIONS: 57. Communication from Corporation Counsel in relation to an application submitted on behalf of Executive Billiards for a Special Permit for Cabaret Use at 109

7 Mamaroneck Avenue. 58. Resolution of the Common Council of the City of White Plains scheduling a public hearing for September 2, 2014, 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. 59. Communication from Commissioner of Building in relation to an application submitted on behalf of AT&T Corporation, requesting the reconfiguration of tax lots associated with 400 and 440 Hamilton Avenue, in the CB-3 (Core Business - 3) Zoning District and designated as a former Special S Zone. 60. Commissioner of Planning 61. Planning Board 62. Commissioner of Public Safety 63. Commissioner of Public Works 64. Deputy Commissioner, Traffic Division 65. Traffic Commission 66. Commissioner of Parking 67. Westchester County Planning Board 68. Environmental Officer 69. Environmental Findings Resolution 70. Resolution approving the application submitted by AT&T Corp. for amendments to the site plans with respect to the properties at 400 Hamilton Avenue and 440 Hamilton Avenue. 71. Communication from the City Clerk in relation to a requested submitted on behalf of ERMG, LLC, d/b/a Elements, 161 Mamaroneck Avenue, for a waiver of the thirty (30) day notification requirement set forth in Section 64(20)(a) of the New York Alcoholic Beverage Control Law regarding the change of the corporate structure with a new LLC. 72. Resolution of the Common Council of the City of White Plains waiving the thirty (3) day notification requirement set forth in the New York Alcoholic Beverage Control Law in regard to an application submitted on behalf of ERMG, LLC, d/b/a Elements, located at 161 Mamaroneck Avenue, for a license to sell alcoholic beverages under its new LLC. ITEMS FOR REFERRAL: 73. Communication from Commissioner of Building in relation an application submitted on behalf of Ron Black s Beer Hall, for the renewal of a Special Permit for Cabaret Use at 181 Mamaroneck Avenue. 74. Communication from Commissioner of Building in relation an application submitted

8 on behalf of Ichiro Asian Fusion, Inc., for a Special Permit for Cabaret Use at Ichiro Restaurant located at 80 Mamaroneck 75. Communication from Commissioner of Building in relation to an application submitted on behalf of The Red Plum, for a Special Permit for Cabaret Use at 91 Mamaroneck Avenue. 76. Communication from Commissioner of Building in relation to an application submitted on behalf of Westchester Healthcare Properties, Inc., to be known as the White Plains Institute of Rehabilitation and Healthcare, for an extension to a previously approved Site Plan and Special Permit to construct a proposed Skilled Nursing Facility at 120 Church Street. 77. Communication from Commissioner of Building in relation to a request for an amendment to the Zoning Ordinance of the City of White Plains submitted on behalf of Silverman 245 LLC, to adjust the demarcation line that separates the BR-1 Business Residential Zone and the CB-1 Core Business Zone along Mamaroneck Avenue to make 245 Mamaroneck Avenue part of the CB-1 Zone. ITEMS FOR INFORMATION: 78. Communication from Commissioner of Building in relation to a request submitted on behalf of Hindu Temple of TriState for a minor amendment to a previously approved site plan to construct two decorative piers on either side of the driveway entrance at 390 North Street.