White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA SPECIAL MEETING October 28, 2024 6:30 PM DISCUSSION: 1. Proposed site plan extension for property known as 60 S. Broadway, White Plains NY. 2. Proposed site plan for property known as 290 Ferris Avenue, White Plains NY. 3. Application for funds from the Affordable Housing Assistance Fund to support a project at 60 South Kensico Avenue. 4. Process for accepting as complete the draft environmental impact statement pertaining to the new Transit Development-2 (TD-2) District. 5. Proposed local law amending Section 277 of the White Plains Charter relating to the transfer of liability to property owners for sidewalk defects. 6. Motion to enter into executive session to discuss the litigation of Sean Trainor v. the City of White Plains et. al.  A Special Meeting of the Common Council held Monday, October 28, 2024, called for six thirty o’clock in the Common Council Chamber Mayor Roach presiding and the following members present:, Mr. Frei-Pearson, Mr Payne , Ms. Presser, Mr. Brasch and Ms. Presser; Mr. Martin was absent. The Mayor granted the pleasure of the floor to Neil Alexander, Attorney from Cuddy and Feder to discuss the proposed site plan extension for property known as 60 S. Broadway, White Plains NY.  The Mayor granted the pleasure of the floor to Jessica Zalin, Attorney for Cuddy and Feder representing the owner for property known as 290 Ferris Avenue, White Plains NY. Mitchell Benneroff, Property owner and Sean Walters, Landscape Architect for the project.  The Mayor granted the pleasure of the floor to Regan Development to discuss the the Affordable Housing Assistance Fund to support a project at 60 South Kensico Avenue.  The Mayor granted the pleasure of the floor to Commissioner of Planning, Christopher Gomez to discuss the Process for accepting as complete the draft environmental impact statement pertaining to the new Transit Development-2 (TD-2) District.  The Mayor granted the pleasure of the floor to Corporation Counsel, John Callahan, to discuss the Proposed local law amending Section 277 of the White Plains Charter relating to the transfer of liability to property owners for sidewalk defects.  “THE BIRTHPLACE OF THE STATE OF NEW YORK” LAW DEPARTMENT JOHN G. CALLAHAN t: 914.422.1241 CORPORATION COUNSEL f: 914.422.1231 TO THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS The City Charter currently requires property owners to maintain sidewalks and curbs adjacent to their property in good repair and free of ice and snow. However, current law does not transfer civil liability to property owners when someone is injured or harmed due to the property owner’s failure to keep sidewalks adjacent to their property in good repair and free of ice and snow. Attached hereto is a proposed local law, which would make property owners responsible to persons injured or whose property is damaged due to the failure of the property owner to maintain adjacent sidewalks and curbs as required. The proposed local law also provides that the city will not be responsible for damages caused as a result of the adjacent property owner’s failure to maintain sidewalks and curbs. A resolution setting a public hearing on the proposed local law is attached hereto. ______________________ John G. Callahan Corporation Counsel Dated: October 25, 2024 255 MAIN STREET, WHITE PLAINS, NY 10601 www.cityofwhiteplains.com  LOCAL LAW INTRODUCTORY NO 3 FOR 2024 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF WHITE PLAINS BY AMENDING SECTION 277 ENTITLED, “ACTIONS FOR DAMAGES OR INJURIES TO PERSONS OR PROPERTY.” The Common Council of the City of White Plains hereby amends the following provisions of Section 277 of the White Plains Charter as follows: Section 1. Sec. 277. Actions for damages or injuries to persons or property. A. Notice to the City of White Plains No civil action shall be maintained against the city and the city shall not be liable for damages or injuries to person or property sustained in any way or manner in consequence of : (a.) (1) any street, highway, bridge, culvert, sidewalk, crosswalk or public parking area being out of repair, defective, unsafe, dangerous or obstructed, or the existence of snow or ice upon any street, highway, bridge, culvert, sidewalk, crosswalk, city tree or public parking area unless written notice thereof relating to the particular place and condition was actually given to the commissioner of public works of the particular condition or filed in his office prior to such damage or injury and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remedy the condition, or to cause such snow or ice to be removed, or to make the place otherwise reasonably safe; and (b.) (2) any traffic control light, signal or sign being out of repair, defective, unsafe, dangerous, obstructed, removed or not operating, unsafe, dangerous or obstructed, unless actual notice thereof relating to the particular place and condition was given to the commissioner of public safety or to the desk officer at police headquarters prior to such injury or damage and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remedy the condition or to make the place otherwise reasonably safe. B. Filing and service of a Notice of Claim No action shall be brought upon any claim against the city, and the city shall not be liable, for damages or injuries to person or property alleged to have been caused by or founded upon the misfeasance, negligence or tort of the city, or any of its officers, appointees or employees, unless a written notice of such claim sworn to by or in on behalf of the claimant, setting forth the particulars of place, time, injuries and damage, and the cause, nature and extent thereof, so far as then practicable, shall have been made and served upon the City Clerk or the Corporation Counsel and in compliance with section fifty-e of the New York State gGeneral mMunicipal lLaw. Nothing contained in this section shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these classes of actions, but, on the contrary, shall be held to be additional requirements to the right to maintain such action. nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the city any greater duty or obligation than that it shall keep its streets and public places in a reasonably safe condition for public use and travel. Except as otherwise provided by law, the place of trial of all actions or proceedings against the city or any of its officers, appointees, employees, boards or departments, shall be the County of Westchester. C. Duty to maintain the sidewalks and curbs by adjacent landowner 1. It shall be the duty of every owner of any occupied or unoccupied lot or piece of land or any part thereof within the City of White Plains to keep the sidewalks and curbs adjoining his or her lot or piece of land at all times in repair, free of defects, clean and free from snow, ice or other obstruction. Property owners are responsible for the replacement of deteriorated or defective curbs and sidewalks. 2. In the event that personal injury or property damage shall result from the failure of any owner to comply with the provisions of this section, the owner shall be liable to all persons injured, or whose property is damaged directly or indirectly thereby, and shall be liable to the City to the extent that the City is required by law or by any court to respond in damages to any injured party. A failure of the City, its officers or employees to give any notice provided for shall not constitute a defense to any cause of action for damages to persons or property. 3. Notwithstanding any other provisions of law, the City shall not be liable for any injury, death or damage proximately caused by the owner or the owner’s failure to keep the sidewalks in a safe condition by failing to maintain, repair or keep free from snow or ice the adjoining sidewalks or curbs. Section 2. This Local Law shall take effect upon the filing with the Secretary of State.  Council President Presser made a Motion to enter into executive session to discuss the litigation of Sean Trainor v. the City of White Plains et. al. Council President Presser made a Motion to exit executive session. On motion of Council President, seconded, and duly carried, the Common Council adjourned the meeting. ____________________ Jill Iannetta City Clerk