White Plains Urban Renewal Agency

THE CITY OF WHITE PLAINS Official Proceedings of the Common Council Vol. 99 City of White Plains, N.Y., July 17, 2013 No. 19 THE CITY OF WHITE PLAINS OFFICERS Mayor.... THOMAS M. ROACH Council President.... BETH N. SMAYDA City Clerk.... ANNE MCPHERSON ________ COUNCIL MEMBERS: Benjamin Boykin, II Milagros Lecuona John Kirkpatrick John M. Martin Dennis E. Krolian Beth N. Smayda The Special Meeting of the Common Council called for Wednesday, July 17, 2013, at nine o'clock in the morning in the Mayor's Conference Room, Municipal Building. Mayor Roach presiding and the following Members present: Mr. Boykin, Mr. Kirkpatrick, Mrs. Lecuona, and Mr. Krolian. Absent: Mr. Martin and Mrs. Smayda ________ The Special Meeting was called to consider a resolution of the Common Council of the City of White Plains, New York, approving amendments to the Community Development Citizens Participation Plan. ________ Communication received from Commissioner of Planning. Mr. Boykin moved that it/they be filed and spread in full upon the minutes. Mrs. Lecuona seconded the motion. Carried. July 15, 2013 TO: THE MAYOR AND HONORABLE MEMBERS OF THE COMMON COUNCIL RE: COMMUNITY DEVELOPMENT PROGRAM AMENDMENTS TO THE COMMUNITY DEVELOPMENT CITIZENS PARTICIPATION PLAN FOR THE 2010 - 2014 CONSOLIDATED PLAN The City of White Plains is required by the U.S. Department of Housing and Urban Development (HUD) to TO: THE MAYOR AND HONORABLE MEMBERS OF THE COMMON COUNCIL RE: COMMUNITY DEVELOPMENT PROGRAM AMENDMENTS TO THE COMMUNITY DEVELOPMENT CITIZENS PARTICIPATION PLAN FOR THE 2010 - 2014 CONSOLIDATED PLAN The City of White Plains is required by the U.S. Department of Housing and Urban Development (HUD) to adopt a Citizen Participation Plan that sets forth the jurisdiction's policies and procedures for citizen participation (24 CR 91.105) in the development of its Consolidated Plan. The Citizen Participation Plan is required to include Criteria for Amendments to the Consolidated Plan (24 CFR 91.105(c)) as well as a Residential Anti-Displacement and Relocation Assistance Plan (24 CFR 91.105(b)(1). The following is the proposed amendment to the Citizen Participation Plan, which will specify the criteria for amendments to the Consolidated Plan: The U.S. Department of Housing and Urban Development requires jurisdictions to define what constitutes a substantial amendment (24 CFR 91.105 (C). When a substantial amendment is proposed, HUD further requires certain standards be met, such as comment periods and public hearings. The City defines a substantial amendment to the Consolidated Plan or annual Action Plan as a change in the use of funds from one eligible activity to another that is greater than 20% of the CDBG program funds. Substantial amendments to the Plan must be authorized by the Common Council and submitted to HUD by the Mayor. The public will also be notified by publishing the amendment in the local newspaper. The publishing of the substantial amendment will begin a 30-day citizen review and comment period. The City will consider any comments or views of citizens received in writing or orally during the comment period. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons therefore, shall be attached to the substantial amendment of the consolidated plan. The amendment will then be submitted to HUD and made available at the City Clerk's Office, White Plains Public Library, City of White Plains Planning Department, Thomas H. Slater Center, Inc., and El Centro Hispano, Inc. and on the City's website. The Mayor, as the Certifying Official, will submit a letter to HUD authorizing the amendment after the 30-day comment period and will implement the amendment at that time. Furthermore, the following is the proposed amendment, which specifies the Residential Anti- Displacement and Relocation Assistance Plan: I. LEGAL AUTHORITY AND PURPOSE This Residential Anti-Displacement and Relocation Assistance Plan (RARAP) is prepared by the City of White Plains in accordance with the Housing and Community Development Act of 1974 ("the Act"), as amended, and the U.S. Department of Housing and Urban Development (HUD) regulations at 24 CFR 91.105(b)(1) and 42.325 and is applicable to the City's Entitlement Community Development Block Grant ("CDBG") Program. The purpose of this plan is to insure that persons displaced as a result of CDBG assisted projects receive the benefits they are entitled to as mandated by federal laws. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ("URA") governs displacement that directly results from acquisition, rehabilitation, or demolition of real property when federal funds are used. The RARAP is in no way intended to supersede the URA. CDBG assisted activities may still be subject to the requirements of the URA. II. POLICY Policy #1: Minimize Permanent Displacement The City of White Plains is committed to minimizing the involuntary displacement of residents or businesses as a result of CDBG assisted activities. In addition, CDBG regulations regarding the demolition or conversion of lower-income dwelling units are designed to ensure that lower-income persons are provided with adequate, affordable replacement housing. Consistent with the goals and objectives of activities assisted under the Act, the City of White Plains will take the following steps to minimize the involuntary displacement of lower-income persons when CDBG funds are involved: businesses as a result of CDBG assisted activities. In addition, CDBG regulations regarding the demolition or conversion of lower-income dwelling units are designed to ensure that lower-income persons are provided with adequate, affordable replacement housing. Consistent with the goals and objectives of activities assisted under the Act, the City of White Plains will take the following steps to minimize the involuntary displacement of lower-income persons when CDBG funds are involved: A. Consider all practical alternatives to any proposed project that may result in residential displacement. Alternatives to be considered include other sites for the proposed facilities/project. B. Stage rehabilitation of apartment units to allow tenants to remain in the building/complex during and after the rehabilitation, working with empty units first. C. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. D. Provide counseling and referral services to assist displacement and find alternative housing in the community. E. Coordinate code enforcement with rehabilitation and housing assistance programs to minimize disruption due to dilapidating and condemning conditions. Policy #2: Provide Relocation Assistance to Displaced Persons The City of White Plains will provide relocation assistance for lower-income tenants who, in connection with an activity assisted under the CDBG Program, move permanently or move personal property from real property as a direct result of the demolition of any dwelling unit or the conversion of a lower-income dwelling unit in accordance with the requirements of 24 CFR 42.350. A displaced person who is not a lower- income tenant, will be provided relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR Part 24. Policy #3: Provide One-for-One Replacement of Lower-Income Dwelling Units The City of White Plains will provide for the one-to-one replacement of all occupied and vacant occupiable lower-income dwelling units demolished or converted to a use other than lower-income housing in connection with a project assisted with funds provided under the CDBG Program in accordance with 24 CFR 42.375. Before entering into a contract committing the City of White Plains to provide funds for a project that will directly result in demolition or conversion of lower-income dwelling units, the City of White Plains will make public by publication in a newspaper of general circulation (i.e., The Journal News, the official newspaper of the City of White Plains), and also by placing on the homepage of the website of the City of White Plains and submit to HUD the following in writing: 1. A description of the proposed assisted activity ; 2. The address, number of bedrooms, and location on a map of low and moderate-income dwelling units that will be demolished or converted to a use other than as low and moderate-income dwelling units as a result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition and/or conversion; 4. To the extent known, the address, number of lower-income dwelling units by size (number of bedrooms) and location on a map of the replacement lower-income housing that has been or will be provided. 5. The source of funding and a time schedule for the provision of the replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a lower-income dwelling unit for 4. To the extent known, the address, number of lower-income dwelling units by size (number of bedrooms) and location on a map of the replacement lower-income housing that has been or will be provided. 5. The source of funding and a time schedule for the provision of the replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a lower-income dwelling unit for at least 10 from the date of initial occupancy; and 7. Information demonstrating that any proposed replacement of lower-income dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), or any proposed replacement of efficiency or single-room occupancy (SRO) units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the HUD-approved Consolidated Plan and 24 CFR 42.375(b). Before obligating or expending CDBG funds that will directly result in such demolition or conversion, the City will make public and submit to HUD the following information in writing: 1. Once identified, the general location on a target area map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement units; 2. The City will identify the source of funding at the time of submission and will provide the replacement unit within three years of demolition or conversion. 3. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy. To the extent that the specific location of the replacement dwelling units and other data are not available at the time of the general submission, the City of White Plains will identify the general location of such dwelling units on a map and complete the disclosure and submission requirements as soon as the specific data is available. III. CONTACTS The Commissioner of Planning is responsible for tracking the replacement of lower income dwelling units and ensuring that they are provided within the required period. The Commissioner of Planning is responsible for providing relocation payments and other relocation assistance to any lower-income person displaced by the demolition of any dwelling unit or the conversion of lower-income dwelling units to another use. Contact information: Commissioner of Planning City of White Plains 70 Church Street White Plains, NY 10601 914-422-1300 planning@whiteplainsnv.gov Attached, for your consideration, is legislation effectuating the aforementioned amendments to the Community Development Citizens Participation Plan. Respectfully submitted, Elizabeth A. Cheteny Commissioner of Planning Community Development Administrator ________ Mr. Kirkpatrick offered the following resolution and moved its adoption. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS, NEW YORK, APPROVING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CITIZENS PARTICIPATION PLAN. WHEREAS, the Housing and Community Development Acts of 1974 and 1977, as amended, authorize the RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS, NEW YORK, APPROVING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CITIZENS PARTICIPATION PLAN. WHEREAS, the Housing and Community Development Acts of 1974 and 1977, as amended, authorize the making of grants of federal funds to eligible units of local government for the purpose of carrying out programs developed to give maximum feasible benefit to low and moderate income households, to eliminate conditions of slum and blight and to meet urgent needs of the community; and WHEREAS, the Common Council of the City of White Plains deems it to be necessary and in the public interest to continue to undertake those programs and activities eligible under the federal Community Development Program as provided in the statutes and in the regulations at 24 CFR 570; and WHEREAS, Federal statutory requirements affecting community planning and development programs have resulted in the issuance of a rule at 24 CFR Parts 91, 92, 570, 574, 576, and 968 which amends previous regulations of the U.S. Department of Housing and Urban Development ("HUD"), and consolidates into a single consolidated submission the planning and application aspects of the Community Development Block Grant ("CDBG"), Emergency Shelter Grant (ESG), HOME Investment Partnerships, and Housing Opportunities for Persons with AIDS (HOPWA) formula programs, and replaces in their entirety the Comprehensive Housing Affordability Strategies (CHAS), the Community Development Plan, and the annual CDBG Final Statement previously prepared by the City of White Plains; and WHEREAS, Federal statutory requirements include the development and implementation of a Citizen Participation Plan for local governments as issued at 24 CFR 91.105; and WHEREAS, the Common Council has, to date, approved four 5 year Consolidated Plans inclusive of Citizen Participation Plans - the 1995-99 Consolidated Plan , the 2000-05 Consolidated Plan , the 2005-09 Consolidated Plan , and the 2010-14 Consolidated Plan , and the Annual Action Plans necessary to implement such Consolidated Plans; and WHEREAS, the Citizen Participation Plan should contain Criteria for Amendments to the Consolidated Plan (24 CFR 91.105(c)) and a Residential Anti-Displacement and Relocation Assistance Plan (24 CFR 91.105(b)(1)); and WHEREAS, the Common Council deems it appropriate and in the public interest to adopt the Criteria for Amendments to the Consolidated Plan and a Residential Anti-Displacement and Relocation Assistance Plan as amendments to the Citizen Participation Plan. NOW, THEREFORE BE IT RESOLVED, that the Common Council hereby amends the Citizen Participation Plan by adopting the attached Criteria for Amendments to the Consolidated Plan and a Residential Anti-Displacement and Relocation Assistance Plan, which shall be incorporated by reference as amendments to the Citizen Participation Plan. CITY OF WHITE PLAINS AMENDMENT TO THE COMMUNITY DEVELOPMENT CITIZENS PARTICIPATION PLAN RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN I. LEGAL AUTHORITY AND PURPOSE CITY OF WHITE PLAINS AMENDMENT TO THE COMMUNITY DEVELOPMENT CITIZENS PARTICIPATION PLAN RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN I. LEGAL AUTHORITY AND PURPOSE This Residential Anti-Displacement and Relocation Assistance Plan (RARAP) is prepared by the City of White Plains in accordance with the Housing and Community Development Act of 1974 ("the Act"), as amended, and the U.S. Department of Housing and Urban Development (HUD) regulations at 24 CFR 42.325 and is applicable to the City's Entitlement Community Development Block Grant ("CDBG") Program. The purpose of this plan is to insure that persons displaced as a result of CDBG assisted projects receive the benefits they are entitled to as mandated by federal laws. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ("URA") governs displacement that directly results from acquisition, rehabilitation, or demolition of real property when federal funds are used. The RARAP is in no way intended to supersede the URA. CDBG assisted activities may still be subject to the requirements of the URA. II. POLICY Policy 1: Minimize Permanent Displacement The City of White Plains is committed to minimizing the involuntary displacement of residents or businesses as a result of CDBG assisted activities. In addition, CDBG regulations regarding the demolition or conversion of lower-income dwelling units are designed to ensure that lower-income persons are provided with adequate, affordable replacement housing. Consistent with the goals and objectives of activities assisted under the Act, the City of White Plains will take the following steps to minimize the involuntary displacement of lower-income persons when CDBG funds are involved: A. Consider all practical alternatives to any proposed project that may result in residential displacement. Alternatives to be considered include other sites for the proposed facilities/project. B. Stage rehabilitation of apartment units to allow tenants to remain in the building/complex during and after the rehabilitation, working with empty units first. C. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. D. Provide counseling and referral services to assist displacement and find alternative housing in the community. E. Coordinate code enforcement with rehabilitation and housing assistance programs to minimize disruption due to dilapidating and condemning conditions. Policy 2: Provide Relocation Assistance to Displaced Persons The City of White Plains will provide relocation assistance for lower-income tenants who, in connection with an activity assisted under the CDBG Program, move permanently or move personal property from real property as a direct result of the demolition of any dwelling unit or the conversion of a lower-income dwelling unit in accordance with the requirements of 24 CFR 42.350. A displaced person who is not a lower-income tenant, will be provided relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR Part 24. Policy 3: Provide One-for-One Replacement of Lower-Income Dwelling Units The City of White Plains will provide for the one-to-one replacement of all occupied and vacant occupiable lower-income dwelling units demolished or converted to a use other than lower-income housing in at 49 CFR Part 24. Policy 3: Provide One-for-One Replacement of Lower-Income Dwelling Units The City of White Plains will provide for the one-to-one replacement of all occupied and vacant occupiable lower-income dwelling units demolished or converted to a use other than lower-income housing in connection with a project assisted with funds provided under the CDBG Program in accordance with 24 CFR 42.375. Before entering into a contract committing the City of White Plains to provide funds for a project that will directly result in demolition or conversion of lower-income dwelling units, the City of White Plains will make public by publication in a newspaper of general circulation (i.e., The Journal News, the official newspaper of the City of White Plains), and also by placing on the homepage of the website of the City of White Plains and submit to HUD the following in writing: 1. A description of the proposed assisted activity ; 2. The address, number of bedrooms, and location on a map of low and moderate-income dwelling units that will be demolished or converted to a use other than as low and moderate-income dwelling units as a result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition and/or conversion; 4. To the extent known, the address, number of lower-income dwelling units by size (number of bedrooms) and location on a map of the replacement lower-income housing that has been or will be provided. 5. The source of funding and a time schedule for the provision of the replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a lower-income dwelling unit for at least 10 from the date of initial occupancy; and 7. Information demonstrating that any proposed replacement of lower-income dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), or any proposed replacement of efficiency or single-room occupancy (SRO) units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the HUD-approved Consolidated Plan and 24 CFR 42.375(b). Before obligating or expending CDBG funds that will directly result in such demolition or conversion, the City will make public and submit to HUD the following information in writing: 1. Once identified, the general location on a target area map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement units; 2. The City will identify the source of funding at the time of submission and will provide the replacement unit within three years of demolition or conversion. 3. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy. To the extent that the specific location of the replacement dwelling units and other data are not available at the time of the general submission, the City of White Plains will identify the general location of such dwelling units on a map and complete the disclosure and submission requirements as soon as the specific data is available. III. CONTACTS The Commissioner of Planning is responsible for tracking the replacement of lower income dwelling units and ensuring that they are provided within the required period. data is available. III. CONTACTS The Commissioner of Planning is responsible for tracking the replacement of lower income dwelling units and ensuring that they are provided within the required period. The Commissioner of Planning is responsible for providing relocation payments and other relocation assistance to any lower-income person displaced by the demolition of any dwelling unit or the conversion of lower-income dwelling units to another use. Contact information: Commissioner of Planning City of White Plains 70 Church Street White Plains, NY 10601 914-422-1300 planning@whiteplainsny.gov CITY OF WHITE PLAINS AMENDMENT TO THE COMMUNITY DEVELOPMENT CITIZENS PARTICIPATION PLAN CRITERIA FOR AMENDMENT TO THE CONSOLIDATED PLAN The U.S. Department of Housing and Urban Development requires jurisdictions to define what constitutes a substantial amendment (24 CFR 91.105(C)). When a substantial amendment is proposed, HUD further requires certain standards be met, such as comment periods and public hearings. The City defines a substantial amendment to the Consolidated Plan or annual Action Plan as a change in the use of funds from one eligible activity to another that is greater than 20% of the CDBG program funds. Substantial amendments to the Plan must be authorized by the Common Council and submitted to HUD by the Mayor. The public will also be notified by publishing the amendment in the local newspaper. The publishing of the substantial amendment will begin a 30-day citizen review and comment period. The City will consider any comments or views of citizens received in writing or orally during the comment period. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons therefore, shall be attached to the substantial amendment of the consolidated plan. The amendment will then be submitted to HUD and made available at the City Clerk's Office, White Plains Public Library, City of White Plains Planning Department, Thomas H. Slater Center, Inc., and El Centro Hispano, Inc. and on the City's website. The Mayor, as the Certifying Official, will submit a letter to HUD authorizing the amendment after the 30-day comment period and will implement the amendment at that time. Mrs. Lecuona seconded the motion. Carried. ________ On motion of Council President Smayda, seconded and duly carried, the Common Council adjourned the meeting. ________ Anne M. McPherson, CMC City Clerk