White Plains Urban Renewal Agency

THE CITY OF WHITE PLAINS Official Proceedings of the Common Council Vol. 102 City of White Plains, N.Y., August 10, 2016 No. 21 THE CITY OF WHITE PLAINS OFFICERS Mayor.... THOMAS M. ROACH Council President.... JOHN KIRKPATRICK City Clerk.... ANNE MCPHERSON ________ COUNCIL MEMBERS: Nadine Hunt-Robinson Milagros Lecuona John Kirkpatrick John M. Martin Dennis E. Krolian Beth N. Smayda The Special Meeting of the Common Council held Wednesday, August 10, 2016, at six thirty o'clock in the evening in the Mayor's Conference Room in the Municipal Building. Mayor Roach presiding and the following members present: Mrs. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, and Mrs. Smayda. Absent: Mr. Martin ________ Council President Kirkpatrick Chair to recognize Councilwoman Smayda who stated that the company for which she worked had the City Center as a client and out of an abundance of caution she wished to recuse herself on Items 5 and 6. Mr. Kirkpatrick asked unanimous consent to substitute Items 7s for Item 7, and Items 22s and 23s for Items 22 and 23 respectively, to correct typographical errors, and moved the consent agenda of Items 1 to 23s, moving adoption of the ordinances and moved to file and spread all of the communications. Councilwoman Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Corporation Counsel. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Communication received from Corporation Counsel. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. To the Honorable Mayor and Members of the Common Council of The City of White Plains: Submitted herewith is an ordinance authorizing the settlement of tax review proceedings. These proceedings were brought on behalf of the owner(s) or lessee(s) of the properties located at 5 Barker Avenue, 90-98 East Post Road and 1-13 Greenridge Avenue, White Plains, NY. The Law Department has reviewed the proposed settlements with our Assessor, who recommends them. Based upon our review, it is my opinion that the settlements are appropriate and should be accepted. The locations of the properties involved, the reductions in assessed value, as well as the amounts to be refunded, are set forth in the accompanying ordinance. ____ John G. Callahan Corporation Counsel Dated: July 25, 2016 (For the Common Council Meeting of August 1, 2016) ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE AUTHORIZING THE SETTLEMENT OF CERTAIN TAX REVIEW PROCEEDINGS. WHEREAS, various petitioners have brought proceedings to review the assessed valuation of their premises; and WHEREAS, the respective attorneys for the petitioners have offered and agreed to settle and discontinue said proceedings on condition that the assessed valuations of said properties be reduced and credits paid according to the following list in accord with the applicable tax rate for said years with no interest thereon: Moody National White Plains, MT, LLC 5 Barker Avenue SBL: 125.67-1-2..1-2..5,2..7-2..9, 2..11- 2..15,2..17-2,,19, 2..21-2..23, 2..25-2..34, 2..36-2..39, 2..41-2..83, 2..85-2..87, 2..89-2..95, 2..97-2..100, 2..102, 2..109, 2..111, 2..113-2..134 & 2..136-2..144 Tax Current Proposed New New Assessment Proposed Amount of City Tax to Year Assessment Assessment Reduction be Refunded 2010/11 $ 914,500 $ 668,500 $ 246,000 $ 41,283.72 2011/12 $ 914,500 $ 914,500 $0 $ 0.00 Total: Andmar Development Corp. 90-98 East Post Road SBL: 125.83-3-8 Tax Current Proposed New New Assessment Proposed Amount of City Tax to Year Assessment Assessment Reduction be Refunded 2011/12 $ 80,000 $ 76,000 $ 4,000 $ 704.44 2012/13 $ 83,000 $ 79,000 $ 4,000 $ 737.88  Andmar Development Corp. 90-98 East Post Road SBL: 125.83-3-8 Tax Current Proposed New New Assessment Proposed Amount of City Tax to Year Assessment Assessment Reduction be Refunded 2011/12 $ 80,000 $ 76,000 $ 4,000 $ 704.44 2012/13 $ 83,000 $ 79,000 $ 4,000 $ 737.88 2013/14 $ 83,000 $ 80,000 $ 3,000 $ 575.22 2014/15 $ 83,000 $ 75,000 $ 8,000 $ 1,569.12 2015/16 $ 83,000 $ 73,000 $ 10,000 $ 2,007.40 2016/17 $ 83,000 $ 72,000 $ 11,000 $ 2,210.45 Total: Greenridge Estates Condominium 1-13 Greenridge Avenue SBL: 130.28-9-1..1-1..83 Tax Current Proposed New New Assessment Proposed Amount of City Tax to Year Assessment Assessment Reduction be Refunded 2009/10 $197,000 $ 177,000 $ 20,000 $ 3,141.20 Total: WHEREAS, the county and sewer taxes and the school taxes should be payable by the county and school separately if collected and if the settlement is approved by the S1 reme Court. NOW, THEREFORE, the Common Council of The City of White Plains hereby ordains and enacts as follows: Section 1. The settlement of the aforesaid proceedings in the manner set forth above be and the same hereby is approved. §2. The Commissioner of Finance, under the direction of the Corporation Counsel, be and is hereby authorized and directed to pay the amount of the refunds stated above, without interest to the petitioners or persons paying such tax or other levy in the manner provided by Section 726 of the Real Property Tax Law. All payments for current year taxes shall be payable from budget code A021- 01110 and all payments for prior year's taxes shall be payable from budget code A021 - 4.201. Payment of the refunds authorized herein with respect to any one of the aforementioned properties is subject to the payment of any outstanding taxes due on that property, including any interest or penalties due thereon, or the Commissioner of Finance may apply such amount of the refunds authorized with respect to any one of the aforementioned properties to satisfy any outstanding taxes due on that property, including any interest or penalties due thereon. §3. The Mayor is hereby further authorized to direct the Commissioner of Finance to receive and disburse funds accordingly. §4. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Corporation Counsel. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes.  ________ Communication received from Corporation Counsel. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. To the Honorable Mayor and Members of the Common Council of The City of White Plains The City of White Plains ("the City"), the White Plains Center Local Development Corporation ("the LDC"), LC White Plains, LLC ("LCWP"), and the White Plains Parking Authority entered into a Parking and Operation and Maintenance Agreement dated as of April 24, 2002 (the POMA") related to the City Center Parking Garage. Pursuant to Chapter 136 of the Laws of 2004 of the State of New York , the White Plains Parking Authority was dissolved, effective June 30, 2004, and the City of White Plains thereafter succeeded to all its rights and obligations. The POMA was previously amended by an agreement dated May 13, 2013. The City, the LDC and LCWP desire to amend the Parking and Operation and Maintenence Agreement to authorize KRG White Plains City Center, LLC to improve and upgrade the areas around the elevators in the City Center Parking Garage closest to the City Center as well as maintain those areas upon becoming a signatory to the POMA and the imposition of appropriate conditions to protect the interests of the City in maintaining the City Center Garage. Submitted herewith for your consideration, is an ordinance which would authorize the Mayor to execute such a second amendment to the POMA. ____ John G. Callahan Corporation Counsel Dated: July 22, 2016 (For the Common Council Meeting of August 1, 2016) ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE PARKING AND OPERATION AND MAINTENANCE AGREEMENT BY AND AMONG, CITY OF WHITE PLAINS, WHITE PLAINS CENTER LOCAL DEVELOPMENT CORPORATION, LC WHITE PLAINS, LLC. AND KRG WHITE PLAINS CITY CENTER, LLC WHEREAS, the City of White Plains ("the City"), the White Plains Center Local Development Corporation ("LDC") and LC White Plains, LLC ("LCWP")and the White Plains Parking Authority ("WPPA") entered into a Parking Operation and Maintenance Agreement dated April 24,2002, ("POMA") setting forth their obligations concerning operation and maintenance of the City Center Garage ("the Parking Garage"); and WHEREAS, the WPPPA, pursuant to Chapter 136 of the Laws of 2004 of the State of New York ,was dissolved, effective June 30, 2004, and the City of White Plains thereafter succeeded to all its rights and obligations; and WHEREAS, the City, the LDC and LCWP previously amended the POMA by an agreement dated May 13, 2013; and dissolved, effective June 30, 2004, and the City of White Plains thereafter succeeded to all its rights and obligations; and WHEREAS, the City, the LDC and LCWP previously amended the POMA by an agreement dated May 13, 2013; and WHEREAS, KRG White Plains City Center, LLC (KRG) has obtained LCWP's interest in operating the White Plains City Center, the commercial development adjacent to the Parking Garage which is the subject of the POMA; and WHEREAS, KRG wishes to integrate the area in the Parking Garage around the elevators closest to the City Center into the commercial structure without interfering with the operation of the parking garage; WHEREAS, in connection with integrating said area(s), KRG also desires to improve and upgrade said area(s), as well as to assume the maintenance thereof except for the main operating elements of the Parking Garage such as the elevators and the escalators; and WHEREAS, the City, the LDC and LCWP have no objection to integrating those Elevator Lobbies into the City Center as long as it does not interfere with the operation of the parking garage nor increase the operational costs of the parking garage and KRG becomes a signatory to the POMA; and WHEREAS, the City, the LDC, LCWP and KRG desire to further amend the POMA to modify certain terms thereof relating to the improvement and maintenance of certain elevator lobbies to be maintained by KRG, an entity related to LCWP; and WHEREAS, allowing KRG to improve and maintain the aforesaid elevator lobbies would appear to be in the best interests of the City. NOW, THEREFORE, the Common Council of The City of White Plains hereby ordains and enacts as follows: Section 1. The Mayor is hereby authorized to execute a second amendment to the Parking and Operation and Maintenance Agreement dated April 24, 2002 among the City of White Plains, the White Plains Center Local Development Corporation and LC White Plains, LLC, as previously amended in an agreement dated May 13, 2013, authorizing KRG White Plains City Center, LLC to improve and upgrade the area in the Parking Garage around the elevators closest to the City Center and to assume the maintenance thereof except for the main operating elements of the Parking Garage, such as the elevators and the escalators, provided KRG White Plains City Center, LLC agrees to become a signatory to said Parking and Operation and Maintenance Agreement and upon the impostion of appropriate conditions to protect the interests of the City in maintaining the City Center Garage. §2. The second amendment to said Parking and Operation and Maintenance Agreement shall be in a form to be approved by the Corporation Counsel. §3. This ordinance shall take effect immediately. Mrs. Lecuona seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, and the Mayor - 5 - 0. Absent: Mr. Martin. Recusal: Mrs. Smayda. ________ Communication received from Corporation Counsel. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, and the Mayor - 5 - 0. Absent: Mr. Martin. Recusal: Mrs. Smayda. ________ Communication received from Corporation Counsel. Mr. Kirkpatrick moved adoption of the following ordinance. To the Honorable Mayor and Members of the Common Council of The City of White Plains By letter dated March 21, 2016, addressed to the Commissioner of Public Works, as clarified by their letter of July 25, 2016, addressed to the Mayor and Members of the Common Council, Mobilitie ("Mobilitie") applied for a franchise to develop a wireless and fiber optic telecommunications system in White Plains. Mobilitie has received a Certificate of Public Convenience and Necessity to operate as a facilities based common carrier and reseller of telephone services from the New York State Public Service Commission. After reviewing the application in accordance with the City's Telecommunications Ordinance adopted on December 1, 1997 and the federal Telecommunications Act of 1996, the Law Department has conferred with representatives of Mobilitie and the Department of Public Works with respect to the negotiation and drafting of a franchise agreement to be granted by the City. Under the terms of the proposed franchise agreement ("the Agreement"), Mobilitie would be granted a fifteen (15) year non-exclusive franchise, with the option to renew the franchise for an additional term of ten (10) years. Mobilitie has offered to pay five hundred dollars per pole for the right to install optical repeaters and associated equipment in the right-of-way. In addition, if Mobilitie places any of its optical repeaters and associated equipment upon municipal equipment the City will be paid an additional five hundred ($500) per year per municipal pole. Both of these fees shall be increased every two years thereafter by an increment of five (5%) per period over the latest annual fee In addition, if Mobilitie installs fiber optic cable in the right of way in the future, the City of White Plains shall receive compensation based upon the amount of fiber optic cable and conduit approved for installation as of the anniversary date of this agreement as follows (i.e.,$.58 per linear feet for overhead wires; $1.88 per linear feet for use of an inner duct in 4" diameter conduit and $5.64 linear feet for 4" diameter conduit and such fees shall be increased every two years thereafter by an increment of five (5%) per period over the latest annual fee ) Further, either party may request renegotiation of the Agreement once, at any one time during the agreement, upon six(6) months notice to the other party based upon changes in technological, legal, regulatory or market conditions which have occurred since the execution of the Agreement. The terms and conditions of the proposed franchise agreement are substantially similar to those contained in the City's existing franchise and license agreements with telecommunications providers. Submitted for your consideration is an ordinance which grants Mobilitie's application for a non- exclusive franchise and authorizes the Mayor to execute the aforementioned agreement. ____ John G. Callahan Corporation Counsel Dated: July 25,2016 (for the August 1, 2016 meeting of the Common Council) Mrs. Smayda seconded the motion. Carried. ________ Mrs. Smayda seconded the motion. Carried. ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO MOBILITIE, LLC. TO CONSTRUCT, ERECT, OPERATE AND MAINTAIN A WIRELESS AND FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN THE CITY OF WHITE PLAINS. The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. The Common Council of the City of White Plains hereby grants to Mobilitie, LLC ("Mobilitie"), which has received a Certificate of Public Convenience and Necessity to operate as a facilities based provider and reseller of telephone services without authority to provide local exchange service from the New York State Public Service Commission, a non-exclusive franchise to construct, erect, operate and maintain a wireless and fiber optic telecommunications system in the City of White Plains pursuant to the terms and conditions of an agreement entitled "Wireless and Fiber Optic Telecommunications System Franchise Agreement between the City of White Plains and Mobilitie, LLC" Said agreement shall provide for a franchise term of fifteen (15) years and one ten (10) year renewal at Mobilitie's option. Mobilitie has offered to pay five hundred dollars per pole for the right to install optical repeaters and associated equipment in the right-of-way. In addition, if Mobilitie places any of its optical repeaters and associated equipment upon municipal equipment the City will be paid an additional five hundred ($500) per year per municipal pole. Both of these fees shall be increased every two years thereafter by an increment of five (5%) per period over the latest annual fee In addition, if Mobilitie installs fiber optic cable in the right of way in the future, the City of White Plains shall receive compensation based upon the amount of fiber optic cable and conduit approved for installation as of the anniversary date of this agreement as follows (i.e.,$.58 per linear feet for overhead wires; $1.88 per linear feet for use of an inner duct in 4" diameter conduit and $5.64 linear feet for 4" diameter conduit and such fees shall be increased every two years thereafter by an increment of five (5%) per period over the latest annual fee ) Further, either party may request renegotiation of the Agreement once, at any one time during the agreement, upon six(6) months notice to the other party based upon changes in technological, legal, regulatory or market conditions which have occurred since the execution of the Agreement. §2. The Mayor is hereby authorized to execute the said agreement on behalf of the City of White Plains in a form to be approved by the Corporation Counsel. §3. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Chairman, Capital Projects Board. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. TO THE HONORABLE MEMBERS OF THE COMMON COUNCIL: The Capital Projects Board has recommended an amendment to Capital Project No. C5468 entitled, "Garage Elevator Modernization" in the amount of $1,898,800. The amendment will provide funding for the modernization of an elevator in the Hamilton-Main Garage and one elevator in the Lexington Grove Garage. Design work authorized on November 15, 2015 by the Common Council has indicated that considerable structural rehabilitation is needed to accommodate the elevator modernization. The elevator upgrade includes the replacement of mechanical parts and controls and the renovation of the interior cabs. Submitted herein is legislation which would authorize the Mayor to direct the Commissioner of Public Works to enter into various contracts, as necessary, to complete this capital project. The attached legislation also authorizes the Mayor to direct the Budget Director to amend the Capital Projects Fund by amending Capital Project C5468 , entitled "Garage Elevator Modernization," and to amend the project budget as follows: INCREASE REVENUES: C5468-08810 Serial Bonds INCREASE EXPENDITURES: C5468-4.005 Finance and Auditing $ 18,800 C5468-8.106 Major Additions/Improvements 1,880,000 It is also requested that the Mayor be authorized to direct the Commissioner of Finance to sell $1,898,800 of serial bonds to finance the project, and that the Commissioner of Finance be authorized to advance funds from the General Fund, as necessary, pending the receipt of the bond proceeds. Respectfully submitted, Thomas M. Roach, Mayor Chairman, Capital Projects Board August 1, 2016 ________ Mr. Kirkpatrick moved adoption of the following ordinance. ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS TO AMEND THE CAPITAL PROJECTS FUND BY AMENDING CAPITAL PROJECT NO. C5468, ENTITLED, "GARAGE ELEVATOR MAINTENANCE." The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. The Capital Projects Board has recommended an amendment to Capital Project No. C5468, entitled "Garage Elevator Maintenance" to provide funding for the modernization of an elevator in the Hamilton-Main Garage and one elevator in the Lexington-Grove Garage. The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. The Capital Projects Board has recommended an amendment to Capital Project No. C5468, entitled "Garage Elevator Maintenance" to provide funding for the modernization of an elevator in the Hamilton-Main Garage and one elevator in the Lexington-Grove Garage. Section 2. The Mayor is hereby authorized to direct the Commissioner of Public works to enter into various contracts, as necessary, to complete the capital project. Said contract(s) shall be in a form approved by the Corporation Counsel. Section 3. In order to provide the necessary funding for such capital project, the Mayor is hereby authorized to direct the Budget Director to amend the Capital Projects Fund by amending Capital Project No. C5468, entitled "Garage Elevator Maintenance," by amending the capital project budget as follows: INCREASE REVENUES: C5468-08810 Serial Bonds INCREASE EXPENDITURES: C5468-4.005 Finance and Audit $ 18,800 C4468-8.106 Major Additions/Improvements 1,880,000 Section 4. The Mayor is hereby further authorized to direct the Commissioner of Finance to authorize the sale of serial bonds totaling $1,898,800 and to advance funds for this project, as necessary, pending receipt of the bond proceeds, and to receive and disburse funds accordingly. Section 5. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Mr. Kirkpatrick moved adoption of the following ordinance. BOND ORDINANCE, DATED AUGUST 1, 2016, AUTHORIZING THE ISSUANCE OF $1,898,800 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE CITY OF WHITE PLAINS, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE ADDITIONAL COSTS OF THE INSTALLATION OR RECONSTRUCTION OF AN ELEVATOR SYSTEM IN A CLASS A BUILDING. WHEREAS, the Common Council of the City of White Plains (the "City"), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the City to authorize the financing of the costs of the installation or reconstruction of an elevator system in a Class A building, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $606,000, for which no funds have heretofore been appropriated or borrowed, all in accordance with the Local Finance Law (the "Project"); and WHEREAS, the City adopted a bond ordinance in the aggregate principal amount of $606,000 on November 2, 2015 to finance the Project (the "2015 Bond Ordinance"); and WHEREAS, the City has determined that additional structural building rehabilitation is required in appropriated or borrowed, all in accordance with the Local Finance Law (the "Project"); and WHEREAS, the City adopted a bond ordinance in the aggregate principal amount of $606,000 on November 2, 2015 to finance the Project (the "2015 Bond Ordinance"); and WHEREAS, the City has determined that additional structural building rehabilitation is required in conjunction with and as a part of the Project at an additional cost of $1,898,800, such that the total cost of the Project is now $2,504,800 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of White Plains, in the County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the City, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $1,898,800, pursuant to the Local Finance Law, in order to finance the additional costs of the Project. Section 2. The Common Council of the City has ascertained and hereby states that (a) the estimated maximum cost of the Project is not to exceed $2,504,800, (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project except $606,000 aggregate principal mount serial bonds authorized in the 2015 Bond Ordinance, (c) the Common Council of the City plans to finance such costs of the Project from the proceeds of serial bonds authorized herein and in the 2015 Bond Ordinance or bond anticipation notes issued in anticipation of the issuance of such serial bonds, (d) the maturity of the obligations authorized herein will be in excess of five (5) years, and (e) on or before the expenditure of moneys to pay any costs for the Project, for which proceeds of any obligations authorized herein are to be applied to reimburse the City, the Common Council of the City took "official action" for federal income tax purposes to authorize capital financing of such expenditure. Section 3. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law (such buildings being of "Class A" construction as that term is defined in the Local Finance Law) and that the period of probable usefulness of the Project is ten (10) years. The serial bonds authorized herein shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 4. Subject to the terms and conditions of this bond ordinance and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the issuance of the serial bonds authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, including whether to issue such serial bonds having substantially level or declining annual debt service, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Commissioner of Finance, as the chief fiscal officer of the City. The Commissioner of Finance is hereby authorized to execute by manual or facsimile signature on behalf of the City, all serial bonds authorized herein and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the City Clerk is hereby authorized to impress the seal of the City (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Commissioner of Finance. In the absence of the Commissioner of Finance, the Deputy Commissioner of Finance is hereby authorized to exercise the powers delegated to the Commissioner of Finance by this bond ordinance. Section 5. When this bond ordinance takes effect, the City Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Deputy Commissioner of Finance is hereby authorized to exercise the powers delegated to the Commissioner of Finance by this bond ordinance. Section 5. When this bond ordinance takes effect, the City Clerk shall cause the same, or a summary thereof, to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Journal News , a newspaper having a general circulation in the City and, as a result thereafter, the validity of such serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or a class of object or purpose, for which the City is not authorized to expend money, or the provisions of law, which should have been complied with as of the date of the publication of this bond ordinance, or such summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. Section 6. The faith and credit of the City are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized herein as the same shall become due. Section 7. The City hereby declares its intention to issue serial bonds as authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations"), to finance the costs of the Project. The City covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations, or any other funds of the City, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code") (except for the federal alternative minimum tax imposed on corporations by Section 55 of the Code), or subject the City to any penalties under Section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by Section 55 of the Code), or subject the City to any penalties under Section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the serial bonds authorized herein or any other provisions hereof until the date which is sixty (60) days after the final maturity date of such serial bonds or an earlier prior redemption date thereof. The proceeds of the serial bonds authorized herein, and any bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be applied to reimburse expenditures or commitments made with regard to the Project on or after a date which is not more than sixty (60) days prior to the adoption date of this bond ordinance by the City. The City may expend general funds or other available moneTs for the Project which shall be reimbursed from the proceeds of such obligations. Section 8. Prior to the issuance of the serial bonds authorized herein, or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Common Council of the City shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond ordinance, the Common Council of the City covenants that it will re-adopt, amend or modify this bond ordinance prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Common Council of the City that the Project will not have a significant impact or effect on the environment. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds modification subsequent to the date of adoption of this bond ordinance, the Common Council of the City covenants that it will re-adopt, amend or modify this bond ordinance prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Common Council of the City that the Project will not have a significant impact or effect on the environment. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the City agrees, in accordance with and as an obligated person with respect to the obligations under, Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the City's continuing disclosure agreement for that purpose, and thereby implement that agreement, including provisions for enforcement, amendment and termination, the Commissioner of Finance is authorized and directed to sign and deliver, in the name and on behalf of the City, the commitment authorized by subsection 6(c) of the Rule (the "Commitment"), to be placed on file with the City Clerk and which shall constitute the continuing disclosure agreement made by the City for the benefit of holders and beneficial owners of the obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond ordinance and not substantially adverse to the City and that are approved by the Commissioner of Finance on behalf of the City, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment shall be the City's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the City would be required to incur to perform thereunder. The Commissioner of Finance is further authorized and directed to establish procedures in order to ensure compliance by the City with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Commissioner of Finance shall consult with, as appropriate, its Corporation Counsel and bond counsel or other qualified independent speclal counsel to the City and shall be entitled to rely upon any legal advice provided by its Corporation Counsel or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond ordinance shall take effect immediately upon its due adoption by the Common Council of the City. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Commissioner of Public Works. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. TO THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS PAVE-NY is a new program included in the State Fiscal Year (SFY) 2015/16-2019/20 State Transportation Plan. It will assist municipalities with the rehabilitation and reconstruction of local TO THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS PAVE-NY is a new program included in the State Fiscal Year (SFY) 2015/16-2019/20 State Transportation Plan. It will assist municipalities with the rehabilitation and reconstruction of local highways and roads by providing $100 million annually through SFY 2019-20. The City's share of the PAVE-NY program is $163,200. The Department of Public Works will use this money for re-surfacing of various roads throughout the city. It is requested that the Mayor be authorized to direct the Budget Director to amend the 2016-17 General Fund budget as follows: Increase Revenues D014-02233 New York State Grant Increase Appropriations D014-3.110 Asphalt Materials Respectfully submitted, Richard G. Hope Commissioner of Public Works Dated: August 1, 2016 ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ACCEPT A GRANT FROM THE NEW YORK STATE PAVE-NY PROGRAM. The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. The Mayor of the City of White Plains or his designee is hereby authorized to accept funds in the amount of $163,200 from the New York State Transportation Plan PAVE-NY Program. Section 2. The Mayor is further authorized to direct the Budget Director to amend the FY 2016/2017 General Fund Budget to reflect the receipt and appropriation of this grant, as follows: INCREASE REVENUE: D014 - 02233 New York State Grant INCREASE EXPENDITURES: D014 - 3.110 Asphalt Materials Section 3. The Mayor is hereby further authorized to direct the Commissioner of Finance to advance funds to this project from the General Fund, pending receipt of grant funds, and to receive and disburse funds accordingly. Section 4. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from the Mayor. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. TO THE HONORABLE MEMBERS OF THE COMMON COUNCIL As you are aware, there is no present Deputy City Clerk. In order to ensure that the City Clerk's functions and duties are seamlessly carried out in the event of her temporary absence, I am requesting that you appoint Corporation Counsel John G. Callahan to serve as Acting City Clerk for any temporary absence. Section 50 of the Charter of the City of White Plains provides such authority and explicitly states that in the case of the temporary absence of the City Clerk, if there be no Deputy City Clerk, the Common Council may appoint a City Clerk for the time being, who, on taking the required oath, shall possess the powers and perform the duties of the City Clerk during the continuance of such absence from office. Mr. Callahan shall receive no additional salary and compensation for serving as City Clerk. Submitted herewith for your consideration is an ordinance, in accordance with Section 50 of the White Plains Charter, authorizing such temporary appointment of a City Clerk. Sincerely, Thomas M. Roach, Mayor Mayor Dated: July 25, 2016 ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING PURSUANT TO SECTION 50 OF THE CHARTER OF THE CITY OF WHITE PLAINS THE APPOINTMENT OF CORPORATION COUNSEL AND CHIEF OF STAFF JOHN G. CALLAHAN AS ACTING CITY CLERK IN THE TEMPORARY ABSENCE OF THE CITY CLERK. WHEREAS, Anne M. McPherson, City Clerk of the City of White Plains, may be temporarily absent from her position due to vacation plans; and WHEREAS, there is no present Deputy City Clerk for the City of White Plains; and WHEREAS, Section 50 of the Charter of the City of White Plains provides that in case of the temporary absence of the City Clerk, if there be no Deputy City Clerk, the Common Council may appoint a City Clerk for the time being, who, on taking the required oath, shall possess the powers and perform the duties of City Clerk during the continuance of such absence from office; now, therefore, WHEREAS, Section 50 of the Charter of the City of White Plains provides that in case of the temporary absence of the City Clerk, if there be no Deputy City Clerk, the Common Council may appoint a City Clerk for the time being, who, on taking the required oath, shall possess the powers and perform the duties of City Clerk during the continuance of such absence from office; now, therefore, The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. The Common Council of the City of White Plains hereby appoints Corporation Counsel and Chief of Staff John G. Callahan to serve as City Clerk in the temporary absence of City Clerk Anne M. McPherson, in accordance with Section 50 of the Charter of the City of White Plains. Section 2. Corporation Counsel and Chief of Staff John G. Callahan shall receive no additional salary and compensation for said City Clerk office. Section 3. This ordinance shall take effect August 1, 2016, and shall expire at the close of business, December 31, 2017. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Commissioner of Finance. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. To the Honorable Mayor and Members of the Common Council of the City of White Plains As part of the year end close for Fiscal Year 2015-2016, adjustments are needed to the budget of the Parking Department and the Office of the Mayor. It is respectfully requested that the Mayor be authorized to direct the Budget Director to authorize the following transfers in Parking Department Budget for Fiscal Year 2015-2016 as follows: TRANSFER FROM: P202-3.601 Electricity $ 18,990 P203-3.601 Electricity 23,819 P205-3.601 Electricity 23,191 TRANSFER TO: P100-4.724 Credit Card Charges It is also requested that the Fiscal Year 2015-2016 budget of the Office of the Mayor be amended as follows: INCREASE REVENUES: A007-04485 Filming Fees & Permits It is also requested that the Fiscal Year 2015-2016 budget of the Office of the Mayor be amended as follows: INCREASE REVENUES: A007-04485 Filming Fees & Permits INCREASE EXPENDITURES: A007-4.502 Special Events The Commissioner of Finance is hereby authorized to encumber $45,000 in Fiscal Year 2015-2016 for special events and to receive and disburse funds accordingly. ____ Michael A. Genito Budget Director Dated: July 14, 2016 (For the Common Council meeting August 1, 2016) ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING THE MAYOR TO DIRECT THE BUDGET DIRECTOR TO MAKE CERTAIN TRANSFERS IN THE FISCAL YEAR 2015-2016 BUDGET OF THE PARKING DEPARTMENT AND TO AMEND THE FISCAL YEAR 2015-2016 BUDGET OF THE OFFICE OF THE MAYOR. The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. As part of the year end close for Fiscal Year 2015-2016, adjustments are needed to the budgets of the Parking Department and the Office of the Mayor. As such, the Mayor is hereby authorized to direct the Budget Director to make the following transfers in the Parking Department Budget for Fiscal Year 2015-2016 as follows: TRANSFER FROM: P202-3.601 Electricity $18,990 P203-3.601 Electricity 23,819 P205-3.601 Electricity 23,191 TRANSFER TO: P100-4.724 Credit Card Charges Section 2. The Mayor is further authorized to direct the Budget Director to amend the Fiscal Year 2015- 2016 budget of the Office of the Mayor as follows: INCREASE REVENUES: A007-04485 Filming Fees&Permits INCREASE EXPENDITURES: A007-4.502 Special Events Section 3. The Commissioner of Finance is hereby authorized to encumber $45,000 in Fiscal Year 2015- INCREASE EXPENDITURES: A007-4.502 Special Events Section 3. The Commissioner of Finance is hereby authorized to encumber $45,000 in Fiscal Year 2015- 2016 for special events and to receive and disburse funds accordingly. Section 4. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Commissioner of Finance. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. To the Honorable Mayor and Members of the Common Council of the City of White Plains As part of the year end close for Fiscal Year 2015-2016, adjustments are needed to the budget of the Youth Bureau. It is respectfully requested that the Mayor be authorized to direct the Budget Director to amend the Youth Bureau Budget to recognize contributions and expenditures for the Youth Employment Services program for Fiscal Year 2015-2016 as follows: INCREASE REVENUES: F012-06275 Contributions INCREASE EXPENDITURES: F012-1.800 Part-time Salaries $13,000 F012-2.001 Social Security 455 F012-2.020 MTA Tax 45 It is also requested that the Mayor be authorized to direct the Budget Director to make the following transfers in the Fiscal Year 2015-2016 Youth Bureau Budget: TRANSFER FROM: F015-4.023 Program Services TRANSFER TO: F015-1.800 Part-time Salaries $6,154 F015-2.001 Social Security 471 F015-2.020 MTA Tax 21 TRANSFER TO: F015-1.800 Part-time Salaries $6,154 F015-2.001 Social Security 471 F015-2.020 MTA Tax 21 F015-2.101 NYS Pension 589 ____ Michael A. Genito Commissioner of Finance Dated: July 11, 2016 (For the Common Council meeting August 1, 2016) ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING THE MAYOR TO DIRECT THE BUDGET DIRECTOR TO AMEND THE YOUTH BUREAU BUDGET TO RECOGNIZE CONTRIBUTIONS AND EXPENDITURES FOR THE YOUTH EMPLOYMENT SERVICES PROGRAM FOR FISCAL YEAR 2015-2016 AND TO DIRECT THE BUDGET DIRECTOR TO MAKE CERTAIN TRANSFERS IN THE FISCAL YEAR 2015-2016 YOUTH BUREAU BUDGET. The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. As part of the year end close for Fiscal Year 2015-2016, adjustments are needed to the budget of the Youth Bureau. As such, the Mayor is hereby authorized to direct the Budget Director to amend the Youth Bureau Budget to recognize contributions and expenditures for the Youth Employment Services program for Fiscal Year 2015-2016 as follows: INCREASE REVENUES: F012-06275 Contributions INCREASE EXPENDITURES: F012-1.800 Part-time Salaries $13,000 F012-2.001 Social Security 455 F012-2.020 MTA Tax 45 Section 2. The Mayor is further authorized to direct the Budget Director to make the following transfers in the Fiscal Year 2015-2016 Youth Bureau Budget: TRANSFER FROM: F015-4.023 Program Services TRANSFER TO: F015-1.800 Part-time Salaries $6,154 F015-2.001 Social Security 471 F015-2.020 MTA Tax 21 F015-2.101 NYS Pension 589 F015-2.001 Social Security 471 F015-2.020 MTA Tax 21 F015-2.101 NYS Pension 589 Section 3. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Commissioner of Public Safety. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. TO THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS Dear Mayor and Common Council Members: The Department of Public Safety has been awarded a Pedestrian Safety initiative grant in the amount of $8,000 by the New York State Governors' Traffic Safety Committee. The Department of Public Safety will use these funds for enforcement purposes to reduce the number of accidents with injuries, specifically, those involving pedestrians that are largely contributed to driver in attention, and traffic violations, such as unsafe speed and failure to yield to pedestrians. Accordingly, submitted for your consideration is an ordinance authorizing the Mayor to execute the documents necessary to accept the funds for the Pedestrian Safety Initiative grant under the New York State Highway Safety Program. It is also requested that the Commissioner of Finance be authorized to receive and disburse funds accordingly. Sincerely, David E. Chong Commissioner of Public Safety DEC:bn Dated: July 1, 2016 (For: August, 1, 2016 Common Council Meeting) ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE GRANT DOCUMENTS ON BEHALF OF THE CITY OF WHITE PLAINS IN RELATION TO THE ACCEPTANCE OF A PEDESTRIAN SAFETY INITIATIVE GRANT IN THE AMOUNT OF $8,000 FROM THE NEW Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE GRANT DOCUMENTS ON BEHALF OF THE CITY OF WHITE PLAINS IN RELATION TO THE ACCEPTANCE OF A PEDESTRIAN SAFETY INITIATIVE GRANT IN THE AMOUNT OF $8,000 FROM THE NEW YORK STATE GOVERNORS' TRAFFIC SAFETY COMMITTEE, TO BE USED FOR LAW ENFORCEMENT PURPOSES TO REDUCE THE NUMBER OF ACCIDENTS WITH INJURIES INVOLVING PEDESTRIANS, THAT ARE LARGELY DUE TO DRIVER INATTENTION AND TRAFFIC VIOLATIONS, SUCH AS UNSAFE SPEED AND FAILURE TO YIELD TO PEDESTRIANS. The Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. The Mayor of the City of White Plains or his designee is hereby authorized to accept on behalf of the City of White Plains, a Pedestrian Safety Initiative Grant in the amount of $8,000 from the New York State Governors' Traffic Safety Committee for the federal fiscal year October 1, 2016 thorough September 30, 2017, and in connection therewith, execute any and all necessary documents, in a form acceptable to the Corporation Counsel, and accept funds under grant documents for the Pedestrian Safety Initiative Grant. The Department of Public Safety will use these funds for law enforcement purposes to reduce the number of accidents with injuries, specifically those involving pedestrians that are largely contributed to driver inattention, and traffic violations such as unsafe speed and failure to yield to pedestrians. Section 2. The Mayor is further authorized to direct the Commissioner of Finance to receive and disburse funds accordingly. Section 3. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Commissioner of Parking. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. TO THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS Re: TICKET PROCESSING CONTRACT WITH COMPLUS DATA INNOVATIONS, INC. For the past seventeen and one half years, Complus Data Innovations, Inc. (Complus) has provided parking violation processing and collection services to the City. With the termination of its most recent contract with the City, the Department of Parking has been researching options for a new parking violation issuance, processing, and collection services contract. Parking ticket issuance and processing has changed dramatically over the past seventeen years, as has the City's needs. parking violation processing and collection services to the City. With the termination of its most recent contract with the City, the Department of Parking has been researching options for a new parking violation issuance, processing, and collection services contract. Parking ticket issuance and processing has changed dramatically over the past seventeen years, as has the City's needs. In early 2016, the Department of Parking developed a detailed 46 page specification and request for proposals document (RFP). In May of 2016, a request for proposals was publicly advertised. Five firms requested the detailed request for proposals document. Three of those firms ultimately submitted proposals that were evaluated by staff. Complus met the requirements of the RFP at the most beneficial fees to the City and to patrons paying parking violations on the web or by phone. The proposal from Complus provides for a comprehensive array of software, equipment, supplies, wireless data plans, DMV lookup services (including fees), on-site service, training, and data entry services. The proposed fee for these services is $1.55 per summons or overtime notice issued which equates, on an annual basis, to approximately $405,000 depending upon the actual number of tickets issued and processed. This fee proposal represents a significant cost savings when compared to our current fee structure. In fiscal year 2014/15, similar services cost approximately $514,000. With the continued decline in issuance, the most recent fiscal year, 2015/16, had similar services costing approximately $484,000. The funding for these services is provided for in the operational budget of the Department of Parking. The proposal from Complus also provides for the continued operation of a web and phone based parking violations automated payment system. The proposed convenience fee to be charged the violator would remain at the current $3.00 per violation. Submitted for your consideration is an ordinance authorizing the Mayor to enter into a three year agreement in a form approved by the Corporation Counsel with Complus Data Innovations, Inc. for the provision of parking violation issuance, processing, and collection services commencing September 1, 2016. Dated: July 19, 2016 Respectfully submitted, John P. Larson, Commissioner CWP - Department of Parking ________ Mr. Kirkpatrick moved adoption of the following ordinance. ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ENTER INTO A THREE YEAR CONTRACT WITH COMPLUS DATA INNOVATIONS, INC. ("CDI") TO PROVIDE FULL SERVICE PARKING TICKET PROCESSING SERVICES. WHEREAS, for the past twenty-two years, the Department of Parking and the former White Plains Parking Authority have outsourced the function of parking ticket processing and management; and WHEREAS, this professional service is critical to the operation of the Parking Enforcement Program and Parking Violations Office; and WHEREAS, Complus Data Innovations, Inc. ("CDI") has provided parking ticket management services for the City since 1999; and WHEREAS, during this period, this vendor has provided improved services for the City, including a customized parking ticket management system, new hand-held ticket writing technology, new computer equipment and replacements, maintenance for all equipment supplied to the City and consistently WHEREAS, Complus Data Innovations, Inc. ("CDI") has provided parking ticket management services for the City since 1999; and WHEREAS, during this period, this vendor has provided improved services for the City, including a customized parking ticket management system, new hand-held ticket writing technology, new computer equipment and replacements, maintenance for all equipment supplied to the City and consistently maintained a high collection rate; and WHEREAS, on April 6, 2009, and as amended on May 4, 2009, the Common Council authorized the current contract with CDI for a term of five years which expired on December 31, 2014; and WHEREAS, on September 2, 2014, the Common Council authorized a one year extension of the contract with CDI from January 1, 2015 through December 31, 2015; and WHEREAS, over the years, the City's operation has become very integrated with CDI software programs and systems and this has enabled the City to maximize the efficiency of the Parking Department and continue to maintain a high parking ticket collection rate; and WHEREAS, the cost per ticket in the calendar year 2016 for the services provided was authorized in 2014 at a rate of $2.35 per parking ticket; and WHEREAS, the Department of Parking has been in the process of negotiating a new contract to provide for this continued high level of services; and WHEREAS, CDI is proposing to extend the contract for three years, expiring on August 31, 2019, at a rate of $1.55 per parking ticket; and WHEREAS, the Department of Parking has concluded that it is in the best interests of the City to continue the established relationship with CDI and has recommended that the City enter into a new contract with CDI for a term of three (3) years to provide full ticket processing and management services. NOW, THEREFORE, The Common Council hereby ordains and enacts as follows: Section 1. The Mayor or his designee is hereby authorized to enter into a contract with Complus Data Innovations, Inc. (CDI) to provide parking ticket management services for a term of three (3) years, commencing September 1, 2016 and expiring August 31, 2019, at a rate of $1.55 per parking ticket. Section 2. The contract shall be in a form acceptable to the Corporation Counsel. Section 3. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ Communication received from Chairman, Transportation Commission. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Smayda seconded the motion. Carried. TO THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS Submitted herewith are ordinances amending the Traffic Ordinance of the City of White Plains as follows: 1.) Modify a "No Parking Any Time" zone on the west side of North Kensico Avenue as described in Section 202 Subdivision 136. 2.) Modify a "Two Hour Parking" zone on the west side of North Kensico Avenue as described in Section 203-a, Subdivision 16. 3.) Create a "One Way Street" for the driveway to Police Headquarters from South Lexington Avenue to the City Of White Plains Property line as described in Section 301, Subdivision 64. 4.) Create a "No Parking Any Time" zone on the west side of Winchester Street as described in Section 202 Subdivision 215. These amendments are in accordance with the recommendations of the Transportation Commission and are to become effective upon adoption by the Common Council. ____ Thomas J. Soyk, PE, PTOE Acting Chairman Dated: July 20, 2016 (for the August 1, 2016 Common Council Meeting) ________ Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE AMENDING THE TRAFFIC ORDINANCE OF THE CITY OF WHITE PLAINS IN RELATION TO MODIFYING A "NO PARKING ANY TIME" ZONE ON THE WEST SIDE OF NORTH KENSICO AVENUE; MODIFYING A "TWO HOUR PARKING" ZONE ON THE WEST SIDE OF NORTH KENSICO; CREATING A "NO PARKING ANY TIME" ZONE ON THE WEST SIDE OF WINCHESTER STREET; AND CREATING A "ONE WAY STREET" FOR THE PUBLIC SAFETY HEADQUARTERS. The Common Council of the City of White Plains hereby ordains and enacts as follows: No Parking Any Time Section 1. Section 1. Subdivision 136, Article II, Section 202 of an ordinance adopted by the Common Council of the City of White Plains on the third day of September 1946, entitled "An ordinance regulating traffic in the City of White Plains and providing penalties for the violations of its provisions," as last amended on the 1st day July 2013, is hereby amended to read as follows: 136. North Kensico Avenue, on the easterly side, between Hall Avenue and Grant Avenue. (Added 5/6/63; Renumbered 5/1/67; 3/7/88) and on the West side from Ross Street to a point approximately 50 feet south. regulating traffic in the City of White Plains and providing penalties for the violations of its provisions," as last amended on the 1st day July 2013, is hereby amended to read as follows: 136. North Kensico Avenue, on the easterly side, between Hall Avenue and Grant Avenue. (Added 5/6/63; Renumbered 5/1/67; 3/7/88) and on the West side from Ross Street to a point approximately 50 feet south. Section 2. Article II, Section 202 of said ordinance last amended on the 1st day of July 2013, is hereby amended by adding a new subdivision 215 to read as follows: 215. Winchester Street, on the West side, for approximately 45 feet beginning at a point approximately 140 feet north of East Post Road and on the east side, for approximately 50 feet beginning at a point approximately 135 feet north of East Post Road. Two Hour Parking Section 3. Subdivision 16, Article II, Section 203-a of said ordinance last amended on the 2nd day of November 2015, is hereby amended to read as follows: 16. North Kensico Avenue, on the east sides between Terrace Avenue and Ross Street, on the west side starting at a point approximately 50 feet south of Ross Street to Terrace Avenue. One Way Streets Section 4. Article III, Section 301 of said ordinance, as last amended on the 1st day of October 2013, is hereby amended by adding a new sub-section 64 to read as follows: 64. Driveway to Police Headquarters, between South Lexington Avenue to the property line in an easterly direction. Section 5. This ordinance shall take effect immediately. Mrs. Smayda seconded the motion. Adopted by the following roll call vote: Ms. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mrs. Smayda and the Mayor - 6 - 0. Absent: Mr. Martin. ________ On motion of Council President Kirkpatrick, seconded and duly carried, the Common Council adjourned the meeting. ________ Anne M. McPherson, CMC City Clerk