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Official Proceedings of the Common Council

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Official Proceedings of the Common Council THE CITY OF WHITE PLAINS Official Proceedings of the Common Council Vol. 103 CityofWhitePlains,N.Y.,December4,2017 No. 33 THE CITY OF WHITE PLAINS OFFICERS Mayor.................. THOMAS M. ROACH CouncilPresident ......... JOHN KIRKPATRICK CityClerk............... ANNE MCPHERSON COUNCIL MEMBERS: Nadine Hunt-Robinson Milagros Lecuona JohnKirkpatrick JohnM.Martin DennisE.Krolian BethN.Smayda The Regular Stated Meeting of the Common Council held Monday, December 4, 2017, at seven thirty o'clock in the evening in the Common Council Chamber in the Municipal Building. Mayor Roach presiding and the following members present: Mrs. Hunt-Robinson, Mr. Kirkpatrick, Mr. Krolian, Mrs. Lecuona, Mr. Martin and Mrs. Smayda. The Mayor recognized those employees of the City who have provided 25 years of dedicated service to the City of White Plains. JohnLarson ParkingDepartment JoanneDelanoy ParkingDepartment LeonardBonadies PublicSafetyFireDepartment GloriaCusano Assessor'sOffice JosephPogact PublicWorks-Garage DanielZdanoff PublicWorks-Highway StephenBeaton ParkingDepartment DannyCistema PublicWorks-Highway WilliamCraig PublicWorks-Water 2164 COMMONCOUNCILMINUTES December4,2017 MichaelDeGroat PublicWorks-Water CaseyJones PublicWorks-Highway GaetanoMagnotta BuildingDepartment JosephPinto PublicSafety-Police Council President Kirkpatrick offered the consent agenda of Items 1 - 2 and 5 - 69, asking unanimous consent to move adoption of the ordinances, moved adoption of the ordinances, moved adoption of the resolutions, moved to file and spread all communications, refer any that are necessary to appropriate City Departments, Boards and Commissions, approve the appointment, and file any attachments. Unanimous consent granted. Council President Kirkpatrick moved the consent agenda. Councilwoman Lecuona seconded the motion. Adopted by the following role call vote: Mrs. Hunt-Robinson, Mr. Kirkpat- rick, Mr. Krolian, Mrs. Lecuona, Mr. Martin, Mrs. Smayda and the Mayor - 7 - 0. Communication from the Mayor. Mr. Martin 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: I hereby submit the nomination of Michael Boggi III for appointment as Commissioner of Purchase for the City of White Plains effective December 4, 2017. In accordance with Section 8 of the Charter of the City of White Plains your consent to this nomination is requested. _____________________________________ Thomas M. Roach Mayor Dated: November 30, 2017 The Mayor administered the Oath of Office to Michael Boggi III as Commissioner of Purchase. December 4, 2017 COMMON COUNCIL MINUTES 2165 Communication from the Mayor. Mr. Martin 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: I am pleased to announce the appointment of Soknan Han Jung as a member of the Community Development Citizens Advisory Committee to a term which will expire on December 31, 2018. Sincerely, _____________________________________ Thomas M. Roach, Mayor DATED: November 17, 2017 The Mayor announced a public hearing in relation to the proposed amend- ment to the Zoning Ordinance of the City of White Plains creating a new TD-1 Transit Zoning District and Re-zoning a certain property in the B-2 Neighbor- hood Business Zoning District to TD-1 Transit Zoning District. (Hamilton Green). Mrs. Smayda moved that the hearing be opened. Mrs. Hunt-Robinson seconded the motion. Carried. The Mayor declared the hearing be opened and asked if anyone wished to be heard. Mrs. Smayda moved that the hearing be adjourned to January 2, 2018. Mrs. Hunt-Robinson seconded the motion. Carried. The Mayor announced a public hearing in relation to the application submitted on behalf of the Mount Hope A.M.E. Zion Church ("Applicant"), for Site Plan and Special Permit Approvals for the construction of a six story, fifty-six unit apartment building and an approximately 4,800 square foot addition to the existing church building located at 65 Lake Street, situated in the B-3 Intermediate Business District. Mrs. Hunt-Robinson moved that the hearing be opened. 2166 COMMONCOUNCILMINUTES December4,2017 Mr. Kirkpatrick seconded the motion. Carried. The Mayor declared the hearing opened and asked if anyone wished to be heard. The Mayor granted the privilege of the floor to Mark Weingarten, attorney for the applicant, Gary Warshauer, architect, and Paola Tovar 21 Lake Street. Mrs. Hunt-Robinson moved that the hearing be closed. Mr. Kirkpatrick seconded the motion. Carried. Communication from Corporation Counsel. Mr. Kirkpatrick moved that it/they be filed and spread in full upon the minutes. Mrs. Lecuona 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 235 Main Street, 124-128 East Post Road, 148-154 Mamaroneck Avenue, 12 Hall Avenue, and 1311 Mamaroneck 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: November 29, 2017 (For the Common Council Meeting of December 4, 2017) Mr. Kirkpatrick asked unanimous consent to offer an ordinance entitled, "Ordinance authorizing the settlement of certain tax review proceedings." Unanimous consent granted. Mr. Kirkpatrick moved adoption of the following ordinance. December 4, 2017 COMMON COUNCIL MINUTES 2167 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 credits paid according to the following list in accord with the applicable tax rate for said years with no interest thereon: 235-245 Delaware Realty Assoc., LLC and Archer Tucker LLC, as tenants in common 235 Main Street SBL: 125.67-8-4.1 Tax Current Proposed New Proposed Year Assessment New Assessment Amount of Assessment Reduction City Tax to be Refunded 2011/12 $750,000 $725,000 $25,000 $4.402.75 2012/13 $750,000 $750,000 $0 $0.00 2013/14 $750,000 $750,000 $0 $0.00 2014/15 $750,000 $725,000 $25,000 $4,903.50 2015/16 $750,000 $725,000 $25,000 $5,018.50 2016/17 $750,000 $710,000 $40,000 $8,038.00 2017/18 $750,000 $705,000 $45,000 $9,241.65 Total: $ 31,604.40 ____________ Bishop Coyne LLC 124-128 East Post Road SBL: 125.83-4-8 Tax Current Proposed New Proposed Year Assessment New Assessment Amount of Assessment Reduction City Tax to be Refunded 2015/16 $44,000 $40.000 $4,000 $802.96 2016/17 $44,000 $40,000 $4,000 $803.80 2017/18 $44,000 $40,000 $4,000 $821.48 Total: $2,428.24 ____________ 151 E. Post Road Corp. 148-154 Mamaroneck Avenue SBL: 125.84-7-4 Tax Current Proposed New Proposed Year Assessment New Assessment Amount of Assessment Reduction City Tax to be Refunded 2168 COMMONCOUNCILMINUTES December4,2017 2016/17 $135,000 $129,000 $6,000 $1,205.70 2017/18 $135,000 $125,000 $10,000 $2,053.70 Total: $3,259.40 ____________ Hall Management LLC 12 Hall Avenue SBL: 126.45-3-13 Tax Current Proposed New Proposed Year Assessment New Assessment Amount of Assessment Reduction City Tax to be Refunded 2012/13 $20,800 $16,950 $3,850 $710.21 2013/14 $20,800 $17,750 $3,050 $584.81 2014/15 $20,800 $16,750 $4,300 $794.37 2015/16 $20,800 $16,750 $4,300 $813.00 2016/17 $20,800 $16,750 $4,300 $813.85 2017/18 $20,800 $17,000 $3,800 $780.41 Total: $4,496.07 ____________ OSG Mamaroneck LLC 1311 Mamaroneck Avenue SBL: 138.18-1-3 Tax Current Proposed New Proposed Year Assessment New Assessment Amount of Assessment Reduction City Tax to be Refunded 2015/16 $1,600,000 $1,175,000 $425,000 $85,314.50 2016/17 $1,600,000 $1,150,000 $450,000 $90,427.50 2017/18 $1,475,000 $1,135,000 $340,000 $69,825.80 Total: $ 245,567.80 ____________ 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 Supreme 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 December 4, 2017 COMMON COUNCIL MINUTES 2169 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 outstand- ing 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.
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