White Plains Urban Renewal Agency

THE CITY OF WHITE PLAINS Official Proceedings of the Common Council Vol. 103 City of White Plains, N.Y., November 14, 2017 No. 32 THE CITY OF WHITE PLAINS OFFICERS Mayor . . . . . . . . . . . . . . . . . . THOMAS M. ROACH Council President . . . . . . . . . JOHN KIRKPATRICK City Clerk . . . . . . . . . . . . . . . ANNE McPHERSON COUNCIL MEMBERS: Nadine Hunt-Robinson Milagros Lecuona John Kirkpatrick John M. Martin Dennis E. Krolian Beth N. Smayda A Special Meeting of the Common Council held Tuesday, November 14, 2017 called for eight thirty o'clock in the morning in the Mayor's Conference Room. Mayor Roach presiding and the following members present: Mrs. Hunt Robinson, Mr. Kirkpatrick, Mr. Martin. Absent: Mr. Krolian, Mrs. Smayda and Mrs. Lecuona. This Special Meeting was for the purpose of considering an ordinance amending an ordinance authorizing the Mayor to enter into a tax abatement agreement pursuant to Private Housing Finance Law Section 577, in connection with a project of the DeKalb Housing Development Fund Corporation and Schuyler-DeKalb LLC. Mr. Kirkpatrick moved adoption of the following ordinance. AN ORDINANCE AMENDING AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A TAX ABATEMENT AGREEMENT PURSUANT 2160 COMMON COUNCIL MINUTES November 14, 2017 TO PRIVATE HOUSING FINANCE LAW SECTION 577 IN CONNECTION WITH A PROJECT OF THE DEKALB HOUSING DEVELOPMENT FUND CORPORATION AND SCHUYLER-DEKALB LLC. The Common Council of The City of White Plains hereby ordains and enacts as follows: Section 1. The ordinance adopted by the Common Council on June 5, 2017 entitled "An Ordinance Authorizing the Mayor to Enter into a Tax Abatement Agreement Pursuant to Private Housing Finance Law Section 577 in Connection with a Project of the DeKalb Housing Development Fund Corporation and Schuyler-DeKalb LLC", is hereby amended in its entirety to read as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A TAX ABATEMENT AGREEMENT PURSUANT TO PRIVATE HOUSING FINANCE LAW SECTION 577 IN CONNECTION WITH A PROJECT OF THE SCHUYLER- DEKALB HOUSING DEVELOPMENT FUND CORPORATION AND SCHUY- LER-DEKALB LLC. WHEREAS, the White Plains Housing Authority ("the WPHA") owns the Schuyler DeKalb Apartments at 86 DeKalb Avenue in the City of White Plains ("the City") ( also known as Section 131.29, Block 3 , Lot 1 on the tax assessment maps of the City) ("the Project"); and WHEREAS, the WPHA is ground leasing the Project's land to the Schuyler- DeKalb Housing Development Fund Corporation ("HDFC") and selling the Project's improvements to the HDFC; and WHEREAS, the HDFC will hold the Project for the benefit of the Schuyler- DeKalb LLC, ("the Company") and WHEREAS, WP DeKalb LLC, an affiliate of the WP Housing Company, Inc. ("WPHC"), a New York not-for-profit corporation and an affiliate of the WPHA will be the Company's managing member; and WHEREAS, the WPHA, through related entities including the HDFC, the WPHC, WP DeKalb LLC and the Company, intends to construct the Project and renovate and maintain affordable housing; and WHEREAS, as a means of assisting the redevelopment of the Project and its operation and maintenance as affordable housing, the HDFC has requested from the City and the City desires to grant certain tax abatements; and WHEREAS, the HDFC is a corporation established pursuant to Article XI of the PHFL; and WHEREAS, the HDFC and the Company have each been formed for the purpose of providing residential rental accommodations for persons and families of low-income; and WHEREAS, the HDFC's and the Company's plan for the use of the Property constitutes a "housing project" as that term is defined in the PHFL; and WHEREAS, pursuant to PHFL Section 577, the local legislative body of a municipality may exempt the real property of a housing project of a housing development fund company from local and municipal taxes, including school November 14, 2017 COMMON COUNCIL MINUTES 2161 taxes, other than assessments for local improvements and special districts, to the extent of all or a part of the value of the property included in the completed project; and WHEREAS, the HDFC has requested that the new tax abatement agreement provide that the HDFC shall pay six (6.0%) percent of the shelter rent (defined as the aggregate annual rental income of the Project, including any governmental rental assistance subsidies less the expense of all utilities, including gas, electricity, oil, trash removal, water and sewer,). which payment shall be reduced by the amount of tax payments made in such year to any special district or special taxing jurisdiction for a term of forty (40) years; NOW, THEREFORE, the Common Council of The City of White Plains hereby ordains and enacts as follows:: Section 1. Pursuant to PHFL Section 577, that the Mayor of the City is hereby authorized to execute an agreement, in a form subject to the approval of the Corporation Counsel, among the City, the HDFC and the Company, granting exemptions from the City, County, and White Plains City School District School Taxes, exclusive of assessments for local improvements and special districts provided that the Company shall make annual payments in lieu of taxes (PILOT) equal to the six(6.0%) percent of the shelter rent, which payment shall be reduced by the amount of payments made in such year to any special district or special taxing jurisdiction for a term of forty years which shall be effective as of the date on which the HDFC acquires (leasehold) title to the Project pursuant to a ground lease and deed to the improvements from the WPHC Section 2. This ordinance shall take effect immediately. Mr. Martin seconded the motion. Adopted by the following role call vote: Mrs. Hunt-Robinson, Mr. Kirkpat- rick, Mr. Martin, and the Mayor - 4 - 0. Absent: Mr. Krolian, Mrs. Lecuona and Mrs. Smayda. On motion of Council President Kirkpatrick, seconded and duly carried, the Common Council adjourned the meeting. _____________________________________ Anne M. McPherson, CMC City Clerk