WPCNR CITY HALL CIRCUIT. By John F. Bailey. January 12, 2004, Updated  January 13, 12:35 A.M.. E.S.T., 2:45 P.M. E.S.T.  WPCNR has learned from multiple sources that Mayor Joseph Delfino is inviting key players in the city to serve on his own City Comprehensive Plan Review Committee. Ted Lawson, spokesperson for City Hall, confirmed to WPCNR Thursday morning, that Commissioner of Planning Susan Habel and the Mayor were in the process of forming the committee.

Invitations to serve, according to sources familiar with the Mayor's effort, are being made by phone calls, or are in the process of going out to Ron Jackson, the "Last Activist," John Martin, the chair of the citywide committee that created the 1997 City Comprehensive Plan, and Isabel Villar, to name a few being invited to serve.

Meanwhile the Ad Hoc Citizens' Plan Committee will be holding its town meeting tonight at 7:30 P.M. at Ridgeway School. Ms. Habel is expected to attend.

The Committee according to a member of the "official" review committee  will chaired by Commissioner of Planning Susan Habel, and will also include Planning Board Chairperson, Mary Cavallero, according to Tim Sheehan who spoke to Ms. Cavallero tonight and learned she was on the committee and that the committee was being formed. 

The Calls Go Out

The Mayor has taken control of the issue to review the Comprehensive Plan with what is described as a "diverse" committee of citizens from all walks of life, considerably  more representative, they feel, than the Citizens Plan Committee, which recently presented their own report on issues, they felt,  any review of the Comprehensive Plan, that is overdue by three years,  should address.

A member of the Mayor's Committee interviewed by WPCNR, speaking on condition of anonymity, said the Mayor's Committee expects to take two months  to complete its "review" of Planning Commissioner Susan Habel's 200-page Review of what has been achieved in the 1997 Comprehensive plan to date, and then ask for Common Council approval.

The Habel Report Presents Tuesday.

"A review" of the progress of the 1997 City Comprehensive Plan has been prepared by Commissioner of Planning Susan Habel, and will be presented to the Planning Board officially next Tuesday night. At least one member of the Planning Board is in possession of an informal copy of  the 200-page "The Habel Report" this evening. It could not be determined if all members of the Planning Board had their copies.

WPNCR's source said a news release was supposed to announce this today. However as of 10:30 P.M. Wednesday evening, WPCNR has not received one.

The creation of the Mayor's Comprehensive Plan Review Committee, was occurring 24 hours before the initial  Citizens Plan Committee-sponsored community meeting, Thursday evening at 7:30 P.M., at Ridgeway School,  to discuss issues any review of the plan should consider. Ms. Habel, the Planning Commissioner,  is expected to attend that meeting, but this could not be confirmed due to the lateness of the hour.

Mayor Seizes Control. Can He Do It? Legal Question.

WPCNR has also learned from sources requesting anonymity who have had conversation with the Council, that certain members of the Common Council are reportedly united in opposition to the Mayor calling the shots.

They  question the legality of the Mayor acting on his own to form a Committee, in effect co-opting the Council's right to initiate and determine the process by which a comprehensive plan and its review is called for and executed--according to New York State Law.

As recorded in McKinney's  Consolidated  Laws  of New York, General City Law, Chapter 21, 28-A (Comprehensive Plan),  obtained by WPCNR, it appears it is the Common Council's prerogative to call for preparation and review of a city comprehensive plan. The key paragraph:

 5. Preparation. The legislative body of the city, or by resolution of such body, the planning board or a special board, may prepare a proposed comprehensive plan or amendment thereto, such board shall, by resolution, recommend such proposed plan or amendment to the legislative body of the city.

The law also  states that the legislative body (in White Plains case, The Common Council) is to determine when the Periodic Reviews are executed:

11.The legislative body of the city shall provide, as a component of such proposed comprehensive plan,the maximum intervals of which the adoptive plan  shall be reviewed.

The law involving comprehenisve planning and  amendments to it, also states that such changes and updates require environmental reviews, environmental impact statements and  reviews.

The regulation on Environmental Review requirements states:

9. Environmental Review. A city comprehensive plan, and any amendment thereto, is subject to the provisions of the state environmental quality review act under article eight of the environmental conservation law and its implementing regulations. A city comprehensive plan may be designed to also serve as, or be accompanied by, a generic environmental impact statement pursuant to the state environomental quality review act statute and regulations. No further compliance with such law is required for subsequent site specific actions that are in conformance with the conditions and thresholds established for such actions in the generic impact statement and its findings.