White Plains Urban Renewal Agency

A Special Meeting of the Common Council held Monday, November 25, 2024, called for six thirty o’clock in the Common Council Chamber Mayor Roach presiding and the following members present:, Mr. Brasch, Mr. Frei-Pearson, Mr. Martin, Mr Payne, Mrs. Puja and Ms. Presser. The Mayor gave the pleasure of the floor to Commissioner of Planning, Chris Gomez and Mark Weingarten attorney representing WBP Development LLC to speak about the application for funds from the Affordable Housing Assistance Fund to support a project at 97-109 Church Street.  PLANNING DEPARTMENT 70 Church Street, White Plains, New York 10601 (914) 422-1300 Fax: (914) 422-1301 E-Mail: Planning@whiteplainsny.gov THOMAS M. ROACH CHRISTOPHER N. GOMEZ, AICP MAYOR COMMISSIONER JUDY MEZEY DEPUTY COMMISSIONER To: The Mayor and Honorable Members of the Common Council Re: Affordable Housing Assistance Fund (AHAF) Grant Request 97-109 Church Street/6 Cottage Place By letter dated October 25, 2024, Janet J. Giris, on behalf of WBP Development LLC, has requested a $4,752,000 grant from the city’s Affordable Housing Assistance Fund (“AHAF”), amounting to $44,000 per unit, to facilitate construction of 108 affordable ownership condominium units at 97-109 Church Street and 6 Cottage Place. The development will be owned by WBP Development LLC. The project was last granted amended site plan approval by the Common Council on October 7, 2024. The approved project will consist of ten (10) studios, forty-nine (49) one-bedroom, thirty-six (36) two-bedroom, and thirteen (13) three-bedroom for sale condominium units to be offered at sales prices set at 80% of the Westchester County Area Median Income (“AMI”) with household income eligibility up to 100% AMI. It is anticipated that City of White Plains government employees and Westchester County government employees will be granted preference for 20% of the units, or 21 condominiums, subject to the New York State Homes and Community Renewal (HCR) Department’s Office of Fair and Equitable Housing confirming that the demographic makeup of such populations would not have a disparate impact on a class of people. The use of the city’s AHAF funds to support hard construction costs of affordable housing developments for moderate income households is consistent with the goals and objectives of the city’s Affordable Housing Guidelines and the recently adopted One White Plains Comprehensive Plan. Specifically, the liveWP 17 plan initiative recommends that the city “seek innovative strategies to incentivize creation of affordable housing for all income levels through adaptive reuse of existing buildings…” and references the “strategic use of the city’s Affordable Housing Assistance Fund” as a potential incentive to increase the number of affordable housing options city-wide. THE BIRTHPLACE OF THE STATE OF NEW YORK http://www.cityofwhiteplains.com Respectfully Submitted, Christopher N. Gomez, AICP Commissioner of Planning Dated: November 22, 2024 THE BIRTHPLACE OF THE STATE OF NEW YORK http://www.cityofwhiteplains.com  DELBELLO DONNELLAN WEINGARTEN WISE & WIEDERKEHR, LLP Janet J. Giris COUNSELLORS AT LAW Connecticut Office 1111 SUMMER STREET Partner jjg@ddw-law.com THE GATEWAY BUILDING STAMFORD, CT 06905 (203) 298-0000 ONE NORTH LEXINGTON AVENUE WHITE PLAINS, NEW YORK 10601 (914) 681-0200 FACSIMILE (914) 684-0288 October 25, 2024 By Email Honorable Thomas Roach, Mayor and Members of the Common Council City of White Plains 255 Main Street White Plains, New York 10601 Re: Application of WBP Development LLC for a Grant From the Affordable Housing Assistance Fund for the Affordable Housing Project Located at 97- 109 Church Street, White Plains. Dear Mayor Roach and Members of the Common Council: As you know, this firm represents WBP Development LLC (the “Applicant”) in connection with its proposed adaptive reuse and renovation of the existing buildings on the property located at 97-109 Church Street and 6 Cottage Place with 108 affordable for-sale condominium units, together with approximately 89 parking spaces and related infrastructure (the “Project”). On behalf of the Applicant, and its successors and assigns, we are writing to respectfully request a grant of $44,000 per condominium unit from the City’s Affordable Housing Assistance Fund (AHAF) 1 to facilitate the development of the Project. On June 3, 2024 the Common Council granted site plan approval, special permit approval and approval to permit a fee-in-lieu of providing twelve parking spaces, which approvals were subsequently amended on October 7, 2024, to permit the development of the Project. As approved, the Project will consist of 10 studios, 49 one-bedroom, 36 two-bedroom, and 13 three-bedroom for-sale condominium units to be offered at sales prices set at 80 percent of the area median income (“AMI”). We respectfully submit that the use of the AHAF funds to support the construction of the Project is consistent with the goals and objectives of the City’s Affordable Housing Regulations in furthering the development of fair and affordable housing throughout the City, as the Project will result in the creation of 108 affordable for-sale units, with sale prices set at 80 percent of AMI and household income eligibility up to 100 percent AMI, in the City’s downtown. This Project is 1 For a total grant of $4,752,000.00. 1688748 0121900-027 Honorable Thomas Roach, Mayor October 25, 2024 and Members of the Common Council Page 2 also consistent with the recently adopted One White Plains Comprehensive Plan, which stresses the importance of providing access to affordable housing options. In addition, in its October 7, 2024 resolution of amended site plan approval, the Common Council recognized the importance of this affordable housing development and referenced the potential contribution of up to $44,000 per unit from the AHAF. The Project would not be financially feasible without the grant of the requested AHAF funds, which equates to approximately 11 percent of the total subsidy proceeds of the Project. The total project is expected to cost $78,366,727. The Applicant is also receiving subsidy funding from New York State Homes and Community Renewal through the Affordable Homeownership Opportunity Program (“AHOP”), which creates homeownership opportunities by providing grants for newly constructed housing. Funding was approved through this program for the 68 affordable condominium units at the 99 Church building at $200,000 per unit, and funding will be approved for the 40 affordable condominium units at the 6 Cottage building for $200,000 per unit. The Applicant has also been awarded $2,040,000 through New York State Affordable Housing Corporation (“AHC”) for the 99 Church building but the AHC subsidy was not available for the 6 Cottage building, due to all available funding being currently awarded. The Applicant is also seeking funding from Westchester County through their New Homes Land Acquisition and Housing Implementation Funds in the total amount of approximately $14,420,000. The Applicant expects to meet with the County Planning Board on November 6, 2024. As the Common Council recognized, this Project would be made possible through a collaborative funding effort between New York State, Westchester County and the City of White Plains. Thank you for your consideration. cc: Bill Balter, WBP Development LLC Jim Wendling, WBP Development LLC Mark P. Weingarten, Esq. 1688748 0121900-027  The Mayor gave the pleasure of the floor to Commissioner of Parking to discuss Proposed contracts with BusPatrol America LLC for the operation and management of a school bus stop arm camera enforcement program. THOMAS M. ROACH KEVIN P. LIVINGSTON MAYOR COMMISSIONER OF PARKING THOMAS J. SOYK, P.E., PTOE DEPUTY COMMISSIONER/ DEPARTMENT OF PARKING CITY TRANSPORTATION ENGINEER 255 MAIN ST. – ANNEX BUILDING WHITE PLAINS, NEW YORK 10601 (914) 422-1232 Phone (914) 422-1274 Fax TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF WHITE PLAINS Attached for your consideration is an ordinance authorizing the execution of an agreement with BusPatrol America LLC (“BusPatrol”) for the operation and management of a school bus stop arm camera enforcement program within the City in connection with buses used by the White Plains City School District (the “School District”). In addition, the ordinance would authorize the execution of an agreement between the City, the School District and BusPatrol where the School District “opts into” the program. The Common Council authorized the implementation of this enforcement program by amending the White Plains Municipal Code on July 1, 2024. Pursuant to an agreement with the City, and a separate agreement with the City and the School District, BusPatrol would install and maintain a camera system on buses used by the School District and record vehicles that pass the bus’s engaged stop arm in violation of the Vehicle and Traffic Law. After approval by City personnel, BusPatrol would send notices of violation to the owner of the vehicles allegedly in violation. BusPatrol would be responsible for maintaining a web-based system for processing fine payments, and would otherwise collect all fines, penalties and costs in connection with a notice of violation. In addition to web payments, payments can also be made in the City Violation Office. BusPatrol would receive 55% of revenue collected. The City would receive the remaining 45%. City staff have found that BusPatrol is one of only two companies with the ability to perform the range of services required by the City. Proposals and presentations from both companies were reviewed. City staff recommended that the City enter into an agreement with Bus Patrol as (1) BusPatrol’s proposal is generally more financially advantageous to the City, (2) BusPatrol has a more extensive presence both locally and within the State providing these services (including contracts with Westchester County, Rockland County, Dutchess County and Suffolk County) and (3) due to its current contract with Westchester County, BusPatrol has a better ability to service its equipment locally. The City would “piggyback” off of an agreement between BusPatrol and the County of Rockland, as this contract is available for this purpose pursuant to Section 103(16) of the General Municipal Law. The initial term of the agreement would extend June 20, 2027, the current termination date of the Rockland County contract. However, the City would need to negotiate final agreements with BusPatrol and the School “THE BIRTHPLACE OF THE STATE OF NEW YORK” www.whiteplainsny.gov District, each of which would be subject to the approval of the Commissioner of Parking and the Corporation Counsel. Respectfully submitted, Kevin P. Livingston, Commissioner CWP – Department of Parking Dated: November 22, 2024  The Mayor gave the pleasure of the floor to Corporation Counsel, John Callahan to discuss a Proposed amendment to the White Plains Municipal Code Section 7-3-20 regarding the duty to maintain sidewalks.  DEPARTMENT OF PUBLIC WORKS MUNICIPAL BUILDING ● 255 MAIN STREET ● WHITE PLAINS, NEW YORK 10601 (914) 422-1206 ● FAX: (914) 422-1469 THOMAS M. ROACH STEFANIA A. MIGNONE MAYOR COMMISSIONER JOSEPH TYROS P.E. DEPUTY COMMISSIONER TO THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS The Charter of the City of White Plains requires property owners to repair the sidewalks in front of their premises. At present there is no enforcement mechanism to compel property owners to repair adjacent sidewalks. Submitted herewith for the Council’s consideration is an ordinance amending Title VII of the White Plains Municipal Code, which would authorize the City to issue a violation to owners of the property adjacent to the defective sidewalk and seek fines for their failure to repair the sidewalk once the City gives notice of the defective condition. This ordinance is essential for maintaining the safety and integrity of the City’s infrastructure. ______________________ Stefania Mignone Commissioner of Public Works Dated: November 22, 2024 “THE BIRTHPLACE OF THE STATE OF NEW YORK” www.whiteplainsny.gov  Council President Presser moved to enter executive session to discuss the employment of a particular person. Mr. Brasch seconded the motion. Carried. Council President Presser moved to exit executive session. Mr. Brasch seconded the motion. Carried. On motion of Council President, seconded, and duly carried, the Common Council adjourned the meeting. ____________________ Jill Iannetta City Clerk