White Plains Urban Renewal Agency

A Special Meeting of the Common Council held Monday, May 14, 2024, called for ten o’clock am in the Common Council Chamber Mayor Roach presiding and the following members present:, Mr. Frei-Pearson, Mr. Martin, Mr Payne , Ms. Presser, and Mrs. Puja. (Mr. Brasch was absent). Communication from the Mayor.  “THE BIRTHPLACE OF THE STATE OF NEW YORK” OFFICE OF THE MAYOR THOMAS M. ROACH t: 914.422.1411 MAYOR f: 914.422.1395 TO THE HONORABLE MEMBERS OF THE COMMON COUNCIL Attached for your consideration is a resolution authorizing the certification of a Home Rule request seeking the enactment of special New York State legislation amending the Vehicle and Traffic Law, General Municipal Law and Public Officers Law to extend the City of White Plains ability to impose monetary liability on the owners of motor vehicles for an operator’s failure to comply with traffic-control indications within the City from December 1, 2024 until December 1, 2029. Assembly Bill No. A10132 and Senate Bill No. S9237 will extend previously approved State legislation, which authorizes the City to operate traffic-control signal photo violation-monitoring devices at no more than twelve (12) intersections within the City of White Plains at any one time. Sincerely, Thomas M. Roach Mayor Dated: May 13, 2024 255 MAIN STREET, WHITE PLAINS, NY 10601 www.cityofwhiteplains.com Mr. Martin moved that it/they be filed and spread in full upon the minutes. Mrs.Puja seconded the motion. Carried. Council President Presser moved adoption of the following resolution.  RESOLUTION AUTHORIZING THE CERTIFICATION OF A HOME RULE REQUEST SEEKING AMENDMENT OF CHAPTER 222 OF THE LAWS OF 2015 AMENDING THE VEHICLE AND TRAFFIC LAW, THE GENERAL MUNICIPAL LAW AND THE PUBLIC OFFICERS LAW TO EXTEND FOR FIVE YEARS THE AUTHORITY TO IMPOSE MONETARY LIABILITY ON THE OWNERS OF MOTOR VEHICLES FOR AN OPERATOR’S FAILURE TO COMPLY WITH TRAFFIC- CONTROL INDICATIONS WITHIN THE CITY OF WHITE PLAINS BY AUTHORIZING THE CITY TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE THAN TWELVE (12) INTERSECTIONS WITHIN THE CITY OF WHITE PLAINS AT ANY ONE TIME (ASSEMBLY BILL NO. A10132) (SENATE BILL NO. S9237). WHEREAS, in 2015 the City of White Plains (“the City”) sought legislation authorizing the City to adopt a local law or ordinance establishing a five (5) year demonstration program to impose monetary liability on the owners of motor vehicles for an operator’s failure to comply with traffic-control indications within the City by authorizing the City to install and operate traffic control signal photo violation-monitoring devices at not more than twelve (12) intersections within the City at any one time; and WHEREAS, Chapter 222 of the Laws of 2015 authorized the establishment of such a project in the City of White Plains to impose monetary liability on the owners of motor vehicles for an operator’s failure to comply with traffic-control indications within the City of White Plains by authorizing the City to install and operate traffic control signal photo violation-monitoring devices at not more than twelve (12) intersections within the City at any one time; and WHEREAS, the authority of the City to install and operate traffic control signal photo violation-monitoring devices at not more than twelve (12) intersections within the City at any one time was authorized to be extended until December 1, 2024 by Section 8 of Part TT of Chapter 58 of the Laws of New York of 2019; and WHEREAS, under the proposed enabling legislation (Assembly Bill No. A10132 and Senate Bill No S9237), said authority would be continued until December 1, 2029; and WHEREAS, the proposed enabling legislation is in the best interests of the City and is a means of traffic control and public safety; and WHEREAS, the proposed enabling legislation to amend the Vehicle and Traffic Law, General Municipal Law, and Public Officers Law was introduced on May 7, 2024, in the New York State Assembly (Assembly Bill No. A10132) and on May 7, 2024, in the New York State Senate (Senate Bill No S9237); and WHEREAS, it is necessary for the City of White Plains to pass a Home Rule Request authorizing and instructing the New York State Assembly and the New York State Senate to proceed forward with enactment and adoption of such legislation. NOW, THEREFORE, the Common Council of the City of White Plains does hereby enact the following Resolution:  RESOLVED, that the City of White Plains requests the enactment of legislation set forth in Assembly Bill No. A10132 entitled, “AN ACT to amend chapter 222 of the laws of 2015 amending the vehicle and traffic law, the general municipal law and the public officers law relating to owner liability for failure of an operator to comply with traffic-control indications in the city of White Plains, in relation to extending the provisions of such chapter;” and as set forth in Senate Bill No. S9237 entitled, “AN ACT to amend chapter 222 of the laws of 2015 amending the vehicle and traffic law, the general municipal law and the public officers law relating to owner liability for failure of an operator to comply with traffic-control indications in the city of White Plains, in relation to extending the provisions of such chapter”; and be it further RESOLVED, that there be inserted in such request a statement reading substantially as follows: The local government does not have the power to enact such legislation by local law; and be it further RESOLVED, that the City Clerk be and hereby is authorized to certify that the Common Council on the 14th day of May 2024, approved the foregoing request by at least a two- thirds vote of the total membership of the Common Council. Mr. Martin seconded the motion. Carried. Communication from the Mayor.  “THE BIRTHPLACE OF THE STATE OF NEW YORK” OFFICE OF THE MAYOR THOMAS M. ROACH t: 914.422.1411 MAYOR f: 914.422.1395 TO THE HONORABLE MEMBERS OF THE COMMON COUNCIL Attached for your consideration is a resolution authorizing the certification of a Home Rule request from the City of White Plains seeking the enactment of New York State legislation that amends special legislation adopted in 2023 to correct the number of and description of parcels contained in the 2023 legislation. The special legislation permits the City of White Plains to alienate property owned by the City and operated as the former Galleria of White Plains public parking garage, without public auction or sealed bid, for the purpose of facilitating a transit- oriented residential and commercial development project that will include an adequate amount, as determined by the City, of public parking, public space and affordable housing. Sincerely, Thomas M. Roach Mayor Dated: May 13, 2024 255 MAIN STREET, WHITE PLAINS, NY 10601 www.cityofwhiteplains.com  Council President Presser moved that it/they be filed and spread in full upon the minutes. Mr. Martin seconded the motion. Carried. Council President Presser moved adoption of the following resolution. RESOLUTION AUTHORIZING THE CERTIFICATION OF A HOME RULE REQUEST SEEKING ENACTMENT OF STATE LEGISLATION (ASSEMBLY BILL NO. A.10208 AND SENATE BILL NO. S.9291) TO AMEND CHAPTER 471 OF THE LAWS OF 2023 AUTHORIZING THE CITY OF WHITE PLAINS TO ALIENATE PROPERTY OWNED BY THE CITY OF WHITE PLAINS AND OPERATED AS THE FORMER GALLERIA OF WHITE PLAINS PUBLIC PARKING GARAGE. WHEREAS, as part of an urban renewal project in the City of White Plains in the 1970s, the White Plains Urban Renewal Agency deeded certain property to a developer of a large indoor mall (which included a department store) and to the developer of an attached department store which included a requirement that certain parcels be deeded to the City to create several parking areas within the overall development to provide municipal parking largely for the benefit of the proposed uses; and WHEREAS, the municipal parking was to be operated within certain guidelines to ensure that adequate parking was available at all times for the intended use of the property as an indoor mall with department stores developed at each end of the commercial project (“the Galleria”); and WHEREAS, the Galleria mall has closed completely and the parking areas woven throughout the structure are no longer needed to support the operation of the Galleria; and WHEREAS, it is not practical to continue operation of all the garage areas within the structure nor is it practical to redevelop the site with the existing parking area remaining in place; and  WHEREAS, since the entire improvements will need to be demolished in order to redevelop the site, the City will need to transfer the property to an eventual developer in order to redevelop the site and the redeveloper will need flexibility to provide adequate parking for the general public on the redeveloped site in excess of the parking requirements for any proposed uses required by zoning; and WHEREAS, the location of such parking will not likely coincide with the existing locations of the existing municipal parking in order to provide for required public space and affordable housing in residential uses; and WHEREAS, under General Municipal Law Section 72-j, the property currently owned by the City can only be sold to another party to continue to provide for public parking on said parcels; and WHEREAS, the disposition of the current municipal parking area is essential to facilitate the redevelopment of the large vacant Galleria mall site in the center of the City of White Plains’ downtown business center; and WHEREAS, the redevelopment of the site is essential to the economic and social health of the City of White Plains; and WHEREAS, the City is unable to authorize the exception to General Municipal Law Section 72-j on its own; and 2  WHEREAS, the New York State legislature adopted Chapter 471 of the Laws of 2023, which authorized the disposition of the Galleria of White Plains public parking garage; and WHEREAS, the special legislation adopted as part of Chapter 471 of the Laws of 2023 contained an error with respect to the number and description of parcels comprising the Galleria of White Plains public parking garage; and WHEREAS, legislation to amend the number and description of parcels described in Chapter 471 of the Laws of 2023 authorizing the City of White Plains to alienate property owned by the City and operated as the former Galleria of White Plains public parking garage was introduced on May 13, 2024 in the New York State Assembly (Assembly Bill No. A.10208), and on May 9, 2024, in the New York State Senate (Senate Bill No. S.9291); and WHEREAS, it is necessary for the City of White Plains to pass a Home Rule Request authorizing and instructing the New York State Assembly and Senate to proceed forward with the enactment and adoption of such legislation. NOW, THEREFORE, the Common Council of the City of White Plains does hereby enact the following Resolution: RESOLVED, that the City of White Plains requests the enactment of legislation as set forth in Assembly Bill No. A.10208 entitled, “AN ACT to amend chapter 471 of the laws of 2023 relating to authorizing the City of White Plains to alienate property owned by the City of White Plains and operated as the former Galleria of White Plains public parking garage, in 3 relation to the relevant parcels”; and as set forth in Senate Bill No. S.9291 entitled “AN ACT to amend chapter 471 of the laws of 2023 relating to authorizing the City of White Plains to alienate property owned by the City of White Plains and operated as the former Galleria of White Plains public parking garage, in relation to the relevant parcels”; and be it further RESOLVED, that there be inserted in such request a statement reading substantially as follows: It is hereby declared that a necessity exists for the enactment of such legislation and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law; and be it further RESOLVED, that the City Clerk be and hereby is authorized to certify that the Common Council on the 14th day of May, 2024, approved the foregoing request by at least a two-thirds vote of the total membership of the Common Council. 4  Mr. Martin seconded the motion. Carried. On motion of Mayor Roach, seconded, and duly carried, the Common Council adjourned the meeting. ____________________ Jill Iannetta City Clerk