County Police Investigation of Playland Mind Scrambler Fatal Accident Released.

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WPCNR POLICE GAZETTE. From Westchester County Department of Communications. July 25, 2007: The county police released their findings on the June 29 fatal accident that killed a Playland employee at a news conference Tuesday afternoon.  Police findings indicate that the victim “intended to ride (the Mind Scrambler), but was not propertly seated in the ride,” and that the Ride Operator “started the ride while Ms. Garin (the victim) was not propertly seated and operated the ride immediately to full throttle.”


The Westchester County District Attorney’s Office is reported not to be bringing any criminal charges at this time and the death of Ms. Garin is deemed accidental.



Here is the text of that report:


Introduction:


 


Playland is an amusement park owned and operated by the County of Westchester since 1928, featuring more than fifty (50) rides.  This incident occurred at the Mind Scrambler ride which is privately owned and operated by S&L Amusements.  The ride consists of a dark enclosure with three (3) clusters of four (4) cars that rotate.


 


Ms. Gabriela Garin was employed by S & L Amusements for the past six (6) years. Ms. Garin had been a ride operator for two and one half (2.5) years and on 06/29/07 was assigned to operate the Mind Scrambler Ride from 6:00 P.M. to 12:00 A.M.


 


The following report is a summary of the investigation into the events surrounding the death of Ms.Garin, a twenty-one year old S & L Amusements employee at Playland Park in Rye, New York on June 29, 2007.


 


 


 TIME LINE: (All times are approximate)


 


This time line was established by examining evidence including documents, logs, video and audio records and witness interviews.


 


Prior to the opening of the park, the Mind Scrambler was inspected.  The Daily Inspection Report indicated that all the ride warning stickers were replaced.


 


12:00 P.M. Park opens.


 6:00 P.M.        Ms. Garin relieves the Ride Operator and assumes those duties.


 9:10 P.M.        Ms. Garin is relieved as Ride Operator and assumes ticket taking responsibilities.


 9:17 P.M.        First cycle of ride is conducted by new Ride Operator.


 9:19 P.M.        Ride ends. Scanning and seating for the next ride begins.


 9:31 P.M. The last patron is scanned for the ride.


 9:33 P.M.        Ms. Garin falls from ride. The Ride Operator radioed for assistance.


 9:33 P.M.        Seasonal Park Rangers, County Police and Playland Park EMTs arrive on scene.  Ambulance requested.


 9:37 P.M.        County Police Officer confirms dispatch of ambulance and requests supervisor.


 9:40 P.M.        Port Chester/Rye/Rye Brook EMS arrive on scene.


 9:42 P.M. Ms. Garin is pronounced deceased.


 


 


 


SUMMARY OF INVESTIGATION:


 


To date, 56 people have been interviewed, including eleven (11) eyewitness riders. In addition to witness interviews, physical evidence collection and examination, and the Medical Examiner’s preliminary findings, this investigation included the review of surveillance camera videos, maintenance records, payroll records and operating procedures.


 


It is important to note that this investigation is still ongoing.  Efforts are continuing to identify additional witnesses including the remaining patrons of the ride. 


 


The Westchester County Medical Examiner has certified the cause of death as multiple contusions, lacerations and fractures that occurred during a ride on the Mind Scrambler on 06/29/07 and the manner of death as accidental. 


 


Interviews of witnesses indicate that:


 


·         Ms. Garin seated and secured patrons, and then entered an unoccupied car on the ride.


·         Ms. Garin secured the safety bar and locking pin of her own car.


·         Ms. Garin was not seated properly in her car and not wearing a seat belt.


·         Multiple witnesses stated that Ms. Garin was kneeling on the seat of a car, facing rearward and swaying her arms to the music when the ride began.


·         It appears that the Ride Operator started the ride knowing that Ms.Garin was not properly seated and the Ride Operator told her to “sit down.”


·         The Ride Operator started the ride and went immediately to full throttle.


·         Witnesses indicated that when the ride started the lights went out immediately(the lights go off when the ride is at full throttle).


·         The ride went approximately one full turn before Ms.Garin fell out.


·         The Ride Operator activated the emergency stop button, applied the hand brake and radioed for assistance.


·         The ride took approximately eleven (11) to twelve (12) seconds to come to a complete stop.  During this time, Ms. Garin was struck by the spinning cars and ride arms.


·         When the ride stopped, Ms. Garin was found beneath one of the main control arms of the ride.


·         Interviews of S & L employees indicated that few ride operators knew that there was a second operator’s booth in the Mind Scrambler, and that this booth was rarely, if ever, occupied.


·         One S&L employee indicated that sometime in 2006, he observed Ms. Garin seated sideways and unsecured on the seat of a car.  He further stated that he stopped the ride and used the microphone to tell Ms. Garin to sit in the car correctly.


 


 


 


PRELIMINARY FINDINGS:


 


·         Witness statements clearly indicate that the victim intended to ride, but was not properly seated in the ride.


·         The Ride Operator started the ride while Ms. Garin was not properly seated and operated the ride immediately to full throttle.


·         During the operation of the ride, the second booth was not staffed.


·         Most of the employees of S & L did not know the second booth existed and others stated that it was rarely, if ever, staffed.


·         When a second operator was present, that operator would typically exit the ride, or stand in the marked yellow safety zone, or join the ride operator in the main operator’s booth.


·         Westchester County District Attorney’s Office will bring no criminal charges at this time.


·         At this point in time, there are no apparent signs of foul play.


·         The death of Ms. Garin is deemed accidental.


 


Ride operator training:


 


·         The only written protocol presented to operate the ride was the manufacturer’s operating manual.


·         No written protocols issued by S&L Amusements relative to the operation of the Mind Scrambler could be located.


·         S&L Amusements could not provide any written documentation for training of their employees.


·         Typically, ride operators initially trained with the Owner/Operator before operating a specific ride.


·         Some employees of S&L Amusements trained other employees on ride operation via “on the job” training.


·         Ms. Garin was one of the employees that provided training to other employees.


·        There is no documentation that identifies which employees are qualified to operate the Mind Scrambler. 


 


STILL PENDING:


 


·     Westchester County Medical Examiner’s final report, including toxicology.


·     N.Y.S. Department of Labor final report.


·     Continuing efforts to identify the remaining riders.


 

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Customs, County Pro, Arrest 6 Sex Offenders

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WPCNR POLICE GAZETTE. From U.S. Immigration and Customs Enforcement Press Office. July 24, 2007: U.S. Immigration and Customs Enforcement (ICE) agents arrested six child predators and sex offenders in Westchester County today, according to an ICE news release.  The arrests were part of Operation Predator, an on-going ICE initiative which targets Internet pornographers, international sex tourists and those who prey on our children.


 


Those who were arrested today are from Brazil, the Dominican Republic, Ecuador, Guatemala and Mexico.  All have prior convictions in Westchester County for sex offenses which make them deportable.  ICE agents transported the subjects to various detention facilities where they will be detained and placed in removal proceedings.  Those with final orders of removal will be deported from the country shortly. The others will have their cases heard before an Immigration Judge.


 


Since Operation Predator was launched in July 2003, ICE agents have arrested more than 10,000 child predators and sex offenders nationwide.  The New York ICE Office has arrested more than 650 child predators and sex offenders.



The arrests were made by ICE Special Agents and officers from the Westchester County Probation Department.  The targets include a citizen of Ecuador who was in this country illegally and was convicted of raping a 16 year old girl.  He was sentenced to 10 years probation.  Also arrested was a citizen of Guatemala, who had U.S. permanent resident status, was convicted of endangering the welfare of a child.  He was sentenced to three years probation.  His victim was 13 years old. 


 


ICE has a toll-free number for the public to provide leads to its enforcement team on any violations, including tips about child pornography, child sex offenders and others preying on children.  The toll-free number (1-866-DHS-2ICE) is monitored 24 hours a day by officers at the ICE Law Enforcement Support Center.  For more information on Operation Predator, please visit the ICE website at www.ice.gov.


 


 


“We are determined to make our communities safer for everyone,” explained Peter J. Smith, special agent-in-charge of the ICE Office of Investigations in New York.  “We will continue to work closely with Westchester County and our law enforcement partners as we take these criminals off our streets and away from our children.” 


 


“We will not tolerate those who prey on our children,’’ said County Executive Andy Spano. “We will continue to assist ICE in any way we can to remove predators from our county and our country.’’


 




Smith expressed his appreciation to the Westchester County Executive’s Office and the Westchester County Department of Probation for their continuing cooperation and assistance in this enforcement action.

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Countdown to Kickoff –124 Days to Get Parker Stadium Ready for Play

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WPCNR PRESS BOX. July 22, 2007 Updated 3:45 PM EDT: Demolition of the classic Parker Stadium bowl at Highlands Middle School and the Glenn D. Loucks football field has been under way for two weeks. At Parker Stadium the old concrete grandstand has been leveled and the track in process of being torn up. At Loucks the track is being removed, wooden bleachers removed. The plan is to have Parker Stadium completed in time for the Thanksgiving Turkey Bowl Game. As of today, the construction firm has 124 Days until Thanksgiving to install the new metal bleachers sitting 1,300; a new track and, of course the synthetic turf field. Loucks Field has a looser timetable. They need to finish that field in time for the Loucks Games in May, 2008.



So long old friend. The classic amphitheatre of old Parker Stadium as it looked yesterday.



Loucks Field with former track in process of removal, and natural turf field in process of preparation yesterday.


 


 


At Parker Stadium the wooden bleachers, the concrete grandstand, pressbox and portions of the cinder track have been removed as of Sunday, to be replaced by metal bleachers between the 20 yard lines, a resurfaced track and of course, synthetic turf, prehashmarked for lacrosse, soccer, field hockey and football.



Parker Stadium with Highlands Middle School in foreground.


 



Loucks Stadium Eastern Sideline. Wooden bleachers have been removed. The clubhouse to the right will not be renovated. The Board of Education is seeking funding to refurbish it in keeping with the new stadium, but no commercial or community sources have stepped up to fund a field house renovation yet.  Jumping and field events will be conducted in the strip of grass in foreground.


 Loucks Field, though not needed for action until May, 2008, has to install its new track prior to the cold weather months, according to Ed Gorman, Track & Field Consultant for Mondo, the company which manufactures the 8-lane state-of-the-art running surface. According to Gorman, the field is done from the inside out, with the synthetic turf being installed first and the Mondo track surface last in the process. Gorman said the asphalt has to be poured and set and track installed before the ground freezes, which would mean that the synthetic surface would need to be completed in late October to early November.


Gorman told WPCNR, “We’ll install the track after the turf. We’ll work from the inside out. It depends on the weather. The asphalt has to be done first. Before the freeze weather sets in. It has to be before. They’ll put the asphalt in. We don’t have to wait until the synthetic turf is done entirely. They can still be on the infield while we’re on the track. The deadline on this job is in November.”


Gorman described the track as Olympic class: It’s prefabricated rubber.  No chemicals involved. It’s a clean material It’s the track that’s been the official track for the last eight Olympic Games. We’re now doing the China Olympic games. It’s the same track they ran the U.S. Olympic trials on and the U.S. Championships on this year.”


 




 


Parker Stadium Construction: New set of metal bleachers, seating 1,300 with press box, plus installation of synthetic turf and running track. Cost: $3.4 Million. (Approx.) Photo, WPCNR News.



The Loucks Makeover: two sets of metal bleachers seating 3,250  with press box, lights, artificial turf system and 10-lane track on the straightaway. Cost: $ 6 Million (Approximate)Photo,

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Tappan Zee Bridge Stakeholder Meeting; Open and Thoughtful, but No Tunnel Altern

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WPCNR Tappan Zee Bridge Brief By Renee Marks Cohen. July 23, 2007: This reporter, a writer/editor and former member of the White Plains Design Review Board, attended the recent [July 18] Tappan Zee Bridge/I-287 “Environmental Stakeholder Advisory Working Group” meeting at the Crowne Plaza Hotel, in White Plains.


The consultants and volunteer members attending were thoughtful, thorough, dedicated, and professional. But, a tunnel alternative to the bridge is not now being considered in the alternatives under study by this working group, and three other working groups (Traffic/Transit, Land Use, and Bridge Design). At an earlier environmental stakeholder meeting, the higher cost of a tunnel, various impeding logistics, and affect on wetlands were noted as restraints.



Troubled Bridge Over Big Water. A Tunnel Replacement for the Tappan Zee Bridge is not being considered.


 



 


 


 


The alternatives to the bridge being studied by the review groups, which are under the auspices of the New York State Dept. of Transportaion, the New York State Thruway Authority, and MTA/Metro North Railroad, are:


1)      the No Build alternative keeping existing bridge and highways


2)      Bridge Rehab with Demand Management and Transportation Systems Management


3)      Full Corridor Bus Rapid Transit (BRT) replacing the TZ with a new bridge with eight general purpose and two high-occupancy, higher speed toll lanes for BRT between Suffern and Port Chester.


4)      Commuter Rail Transit (CRT) in Rockland and in Westchester plus a new bridge


5)      CRT in Rockland, Light Rail in Westchester plus a new bridge


6)      CRT in Rockland, BRT in Westchester plus a new bridge.


[The latter three with direct connections to the Hudson Line]


 


There was no evidence of the directions the bridge project will take although 2015 was mentioned as the “build year,” the date of completion.


 


Who will make the decisions about repairing or replacing the bridge and creating supplementary, complementary transportation systems? The Federal Transit Authority, the Federal Highway Administration, and the three New York entities noted earlier.


 


The public’s input is encouraged. This Stakeholder Advisory Working Group will meet every 4 to 6 weeks until 2008; will publish a draft statement, circulate it, ask for public input, and have a public hearing. It will analyze existing conditions and the impacts of alternatives, and hear about appropriate “mitigation” measures while working with relevant agencies and doing research and computer modeling.


 


The Web site, including study documents, for the entire bridge review process is www.tzbsite.com. The public can sign up for news releases and updates, and offer comments.


 


Because geographical transportation extensions/improvements may be included in the discussions, White Plains’s registered historical sites (e.g., the Armory, the Good Council complex), those having the potential to be registered, and many other sites (e.g., the bridge itself, the Bronx River Reservation, the Old Croton Aqueduct) have been noted.


 


Other topics in active discussion include cultural resources, air quality, noise, wildlife, river ecology, socioeconomic concerns, and environmental justice. At the meeting, this reporter sat next to an anthropologist whose role, if necessary, is to denote hidden historical sites that may never even be excavated!


 


Volunteers are sought by the reporter to substitute for her at future meetings she cannot attend. Please contact the reporter through the CitizenNetReporter Editor.

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Eastchester Comes From Behind to Ease Past WP for District Championship, 6-5

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WPCNR PRESS BOX. July 22, 2007. Special to WPCNR:  In a thrilling extra inning (8 innings) championship game last night at Sherman Park in Hawthorne (Volunteer Field), Eastchester defeated White Plains by a score of 6-5.


 Both teams played a tremendous game specifically from a defensive standpoint. Each team’s outfielder’s made game saving catches to keep their respective teams in the game. Rich Maseroni, Manager of  White Plains said it was truly one of the best softball games he has ever seen or been involved with. The intensity and level of play on both sides was remarkable.


 

White Plains held a 3-1 lead going into the bottom of the sixth but Eastchester scored 2 runs to tie the game at 3-3 and send it to extra innings. White Plains scored a run in the top of the seventh to make it 4-3 but once again Eastchester scored a run to tie the game at 4-4 in the bottom of the seventh. White Plains scored another run in the top of the eight to take a 5-4 lead. Eastchester scored 2 runs in the bottom of the eighth to earn a 6-5 victory.     

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WP Girls Oust Harrison from District 20 LL Tournament,9-7

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WPCNR SPORTS TICKER. Special to WPCNR. July 21. 2007:  In a thrilling finish @ Gedney Field last night, the White Plains 9-10 softball team defeated Harrison in the semi-finals by a score of 9-7.

 

Harrison jumped out to a 3-0 lead in the top of the first inning but White Plains scored 9 unanswered runs to take a 9-3 lead going into the bottom of the 6th. Harrison rallied for 4 runs and had a runner on third and the tying run at the plate with 2 outs when their batter popped up to the infield to end the game.

 

With this exciting win, White Plains advances to the championship round versus undefeated Eastchester. White Plains will need to defeat Eastchester twice to win the championship. In a previous matchup earlier in the tournament, Eastchester defeated White Plains by a score of 6-2. White Plains will be looking for sweet revenge tonight.

 

Game time is 7:00 PM @ Sherman Park in Hawthorne.

 

Sherman Park can be reached by  taking Sprain Brook Parkway north to the Taconic State Parkway to Route 141, the second Hawthorne Exit. Avoid exiting at Route 100. At stop sign, make left on West Cross Street. Drive past the post office on right. Proceed through light, bearing right onto Broadway and follow road to Broadway and Volunteer Fields. Volunteer Field is the new field in the back of the complex with lights and large scoreboard. .

 

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I Got It! 300 Besiege Borders in Midnight Harry Potter Magic

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WPCNR BOOK CHAT. By The Church Lady. July 21, 2007: The young wizards and wizardesses and their surrogates  and parents jammed Border’s at the White Plains Pavilion Friday night at midnight to get their hands on the last Harry Potter book. Three hundred persons by WPCNR estimate in pointy hats, glasses, wearing  and very good natured milled among the aisles at Borders, acquiring silver bracelets and milling about trying to find the orange bracelet line to plunk down their $22.50 to get the last of the Harry Potter phenomena.  Parents with their Potter apprentices in tow, parents assigned to pick up their teen daughters’ or sons’ copies of the Potter tome, grumbled they did not know where the orange bracelet line was or where the silver bracelet line was.



Under the Spell of Harry Potter at Border’s, White Plains Pavilion Mall at Midnight. And the fans were still coming in.


 


But at midnight, as if the young wizard himself had waved a wand, magically 300 persons purchased and paid their money and picked up “The book.” It was a promo person’s dream come true. Every one who arrived to purchase the book had to reserve it in advance. They did. They came. They milled. They bought! WPCNR figures Borders cleared $7,000 in book sales in 20 minutes! It was magic that only American still creates: the ringing of the cash register for a pastime most young people have forgotten, reading!



Border’s Hostess Attempting to Organize the Potter fans in two lines which milled and weaved and snaked around the store.


 



10-9-8-7-6-5-4-3-2-1 BUY! Fans waited patiently not believing Border’s could handle the 300 plus customers in 20 minutes but they did! The Wand did it!



Costumed Little Wizards and Wizardettes with parents lined up to buy after the Potter Countdown to Midnight.



After Paying, Potter Fans had their bracelets snipped off and the Hot Book was turned over to them. Many told the CitizeNetReporter they were going to read the book tonight so no one would spoil the ending for them.


 



Books Going Like Hotcakes



I Got It! Parent deputized to pick up the Potter holds the precious booty.


Not since the series books of the mid-twentieth century: The Hardy Boys, Nancy Drew, Tom Corbett, Tom Swift,  Tarzan, and Flash Gordon, The Bobbsey Twins, has a series of books captured the fancy of youth like J. K. Rowland’s Harry Potter


WPCNR asked one mom in the winding line what was it about Harry Potter?


As one mom in the orange bracelet line said, “Thank heaven for J K Rowland, she’s taught a whole generation how to read!”


She may be right!



Designated Parent Potter Pickerupper scores big time points with teen daughter for securing the Potter. A scene repeated in many households in White Plains tonight. The Teen said on seeing the book, “I love you. You’re the world’s best Dad!” At least tonight.


 

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Cappelli Building “the New 189 Main Street” with a “Structure Permit”: Berg.

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Shroud partially Lifted from Mystery Structure: “The New 189 Main Street”


WPCNR THE DEVELOPER NEWS. By John F. Bailey. July 19, 2007: Earlier this week, WPCNR reported exclusively new construction on the 189 Main Street site. Bruce Berg, Vice President of Cappelli Enterprises, in a statement today cleared up part of what the “Mystery Structure” is and how he is building it.  In a statement, Mr. Berg wrote:


John—there is no “Food Court” planned for 189 Main Street.


We are planning a café or retail store with a rooftop seating area.


We do not have a building permit. We applied and obtained a permit to erect the building structure only on the same footprint, which we can do. We have an application in to the Common Council for site plan approval which, if granted would enable us to request a full building permit mostly dealing with facades.


 


 

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BID to Discuss Results of BID Expansion Opt Out to be Shared with Council Next W

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WPCNR The BID Report. By John F. Bailey. July 19, 2007: Rick Ammirato, the Executive Director of the White Plains Business Improvement District, told WPCNR that the BID has tallied the results of business owners in the West Post Road and South Mamaroneck Avenue and out to Bloomingdale Road who have opted not to join the BID as the organization has proposed.



Rick Ammirato, Executive Director of the BID explaining the expanded BID program to the Common Council in May


Ammirato, speaking to WPCNR from the organization’s new offices at 237 Mamaroneck Avenue Wednesday said he would be sharing those sentiments with the Common Council next Thursday in the Council work session. He indicated that the results were surprising, but the organization has a plan that he felt would be acceptable to all, based on the results. He said he would advise the Council on that plan next Thursday. Ammirato added, as a courtesy to the Common Council he could not share the results before he made his presentation to them.


Ammirato said that the new expanded BID could not be in place until 2008-2009, and the BID was operating on the lower budget submitted, approximately $600,000, rather than the expected $1.6 Million that it would have become had the expanded BID gone into effect this fiscal year.

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221 Eligible for $4M in Property Tax Relief as an En-Zone.

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WPCNR QUILL & EYESHADE. By John F. Bailey. July 19, 2007:  The Ritz Carlton 221 Main project, the recently remediated “Brownfield” (completed in December 2006) stands to be eligible to tap approximately $4 Million maximum in property tax rebates annually beginning in 2009.



As reported earlier this week by WPCNR, Cappelli Enterprises and its partners in 221 Main Street are eligible for the maximum “Remediated Brownfield Credit for Real Property Taxes,” adding to the $110 Million or $75 Million by Mr. Cappelli’s count, tax credits the developer has already been assured for having cleaned up and developed a Brownfield site.  Vice President of Cappelli Enterprises, Bruce Berg,  (shown above) confirmed to WPCNR today that the 221 Main project  expects 400 new employees on the entire site. WPCNR calculates that number of new jobs would earn The  Cappelli Team a maximum of $4 Million in property tax relief, depending on how the City assessed the project.



Bruce Berg, Vice President for Cappelli Enterprises, issued a statement to WPCNR today confirming that 221 Main Street (site of the Ritz Carlton Westchester) is located within an En-Zone that entitles the Cappelli Partners as much as $2 Million in property tax rebates, depending on how the City Assessor assesses the Ritz-Carlton property after it is fully occupied.


An En-Zone is an area designated by the New York State Commissioner of Economic Development  prior to December 31, 2003.  In order to be considered an En Zone, an area must have a poverty rate of at least 20% and an unemployment rate of at least 1-1/4 times the statewide unemployment rate as of the 2000 census.


How the Partners Get Property Tax Credits.


The Property Tax Credit is earned based on the number of new jobs Cappelli Enterprises brings to the former Brownfield area. Mr Berg explained, in his written statement:


We expect to have more than 200 employees on the entire site including the hotel, restaurants, garage operation and condos. We also expect that there will be another several hundred employees in the office portion of the project.


The property tax credit is not $2 Million (200 employees x $10,000 per employee). The tax refund for Brownfield sites with more than 100 (new) employees is 100% of actual taxes paid. The refund is CAPPED however at $10,000 per employee.


WPCNR had originally, based on previous statements by the Mayor of White Plains, conservatively put the property tax rebate maximum at $2 Million, figuring that the site would bring in 150-200 employees. At 400 employees, the Cappelli partners will be eligible for $4 Million maximum in property tax credits, depending on how the City of White Plains assesses the property when fully occupied.


WPCNR points out that the property tax relief is paid to the developer by New York  State, and is not refunded by the City of White Plains or the City School District. The city and school district will not lose any property tax revenue when the Cappelli organization applies for the Remediated Brownfield Credit for Real Property Taxes in 2009, as Louis Cappelli has said to WPCNR he plans to do.

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