WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR CITY HALL CIRCUIT. From The Mayor’s Office. February 15, 2007: Mayor Joseph M. Delfino is pleased to announce that the 2007 Summer Jobs Applications will be available beginning March 1st at the White Plains Youth Bureau, 11 Amherst Place.  The Summer Jobs Program is open to White Plains residents 14 -21 years of age.  The six week summer jobs program will start Monday, July 2th and end will end Friday, August 10th.  A variety of summer job experiences will be provided, including:  camp counselor, recreation aides, life guards, ecology and conservation, and positions within White Plains departments.  For more information, contact Patty Staffiero or Antonio Martinez at 422-1378.

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WPCNR ADAM IN ALBANY. By State Assemblyman Adam T. Bradley, 89th District. February 14, 2007: The Assembly passed its ethics reform bill that will bring substantive changes to the way business operates here in Albany This is legislation that we worked to accomplish with the governor.  I have long advocated that we need to curtail the influence of special interests because elected officials should be accountable to their constituents, not to lobbyists.

The Assembly passed legislation I sponsored that will limit the influence of special interests, increase penalties for ethics and lobbying violations and create a permanent entity to oversee and regulate such violations (A.3736-A/S.2876). 

Broadly, the legislation will:

·        Virtually ban all gifts from lobbyists to elected officials;

·        Strenghten the revolving door rule so former legislative employees cannot lobby the legislature for two years after their employment ends;

·        Striclty limit lobbyists from paying or reimbursing travel and accommodation expenses;

·        Increase penalties for lobbyists and elected officials who violate the new regulations; and

·        Merge the Temporary State Commission of Lobbying and the State Ethics Commission to create the new Commission of Public Integrity to pursue violations.

The legislature and governor have reached two significant agreements this year that we were unable to accomplish in years past – budget and ethics reform.  However, we have much more work to do.  We begin budget conference committees next month and my attention will be on making sure Westchester families get significant property tax relief and that our schools and health care facilities receive sufficient funding.

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WPCNR STAGE DOOR. From Cappelli Enterprises. February 14, 2007 (EDITED): The White Plains Performing Arts Center (WPPAC) today announced a one million dollar fund-raising campaign that is designed to assist the not-for-profit theater in the creation and presentation of additional programming to serve the White Plains community. 

Kathy Davisson, left, and The Super Developer, Louis Cappelli, shown on Opening Night of the White Plains Performing Arts Center, November, 2003. The Super Developer is jump-starting a new start for the troubled Arts Center which is only staging two general interest entertainments this spring and is supporting a very limited schedule with children’s productions this spring. It is Mr. Cappelli’s second major gift to WPPAC in a year. His $100,000 Gift helped bail the theatre out of a $300,000 deficit last year brought about by massive losses on the venture, Saving Aimee.  Photo, WPCNR News Archive

In launching the campaign, the WPPAC announced a $250,000 pledge from Cappelli Enterprises, Inc., the Valhalla-based real estate development company that built the theater for the City of White Plains in 2003, as part of City Center at White Plains.  The first of the five monthly installments of $50,000 that comprise the Cappelli grant was received by the WPPAC in mid-January.

“The contribution from the Cappelli organization will help jumpstart our fund-raising activities, and we are very grateful for the company’s continued support,” said John J. Ioris, President of the Board of Trustees of the WPPAC and a White Plains resident.  “The funds will allow us to add the staff necessary to take the organization to the next level in its program development.”

Mr. Ioris continued, “It is my hope that our board members will take this pledge of support from Cappelli Enterprises as encouragement to help rally other members of the business community in assisting with the future of the WPPAC.  Together, we hope to make our Center a more integral part of the growing and culturally diverse White Plains community.”

Bruce Berg, Executive Vice President of Cappelli Enterprises, said, “On behalf of Louis R. Cappelli and the company, we are pleased to support The White Plains Performing Arts Center.  We believe that the theater is poised to become the cultural centerpiece of White Plains.  The influx of luxury development in the downtown – including our own current project, The Residences at The Ritz-Carlton, Westchester and The Ritz-Carlton, Westchester hotel – necessitates that there be an outstanding performing arts center.  An integral part of the audience is here in the condominiums and rental apartments that surround City Center.  They are interested and excited by the prospect of more live theater.  The demand will only increase when the hotel opens, residents move into The Ritz, and other developments that are planned for the area are built.”

Kathy Davisson, the WPPAC’s General Manager, stated, “The organization’s mission is to be a leader in the production and presentation of first-class cultural entertainment, and to provide outstanding education and outreach programs in a state-of-the-art facility.  It is our goal to bring quality, inclusive, live theatre to our community, and to make a difference, while highlighting the diversity of cultures and ethnicities.  Our support of family oriented programming will assist young people with their cultural and intellectual growth process by exposing them to the best family theatre and events.

The White Plains Performing Arts Center, Inc. is a professional, not-for-profit, producing and presenting company that continues to bring innovative, eclectic and always-entertaining new plays and musicals to its beautiful new facility.  The theater, a 410-seat, $6 million facility, also hosts local, national and international performing artists whose work reflects Westchester’s diverse population.

Created in 2003, the WPPAC, a 501 (c)(3) corporation, has a 10-year contract to operate the theater, which is owned by the City of White Plains within the City Center complex.  The WPPAC’s operations are supported by ticket sales, individual and corporate contributions, grants from foundations both public and private, and generous support from the City of White Plains.

If you are interested in contributing to the fund-raising efforts or wish to make a donation to the WPPAC, please contact Kathleen Davisson at (914) 328-1600.

Cappelli Enterprises Inc. is a leading real estate developer and general contractor in the Northeast. Headquartered in Valhalla, NY, the company has built more than 10 million square feet of mixed use, retail, waterfront, residential, office building, laboratory and parking facilities.

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WPCNR Westchester County Clarion-Ledger. Special to the CitizeNetReporter February 12, 2007 UPDATED 10:40 A.M. February 13, 2007, UPDATED 2:15 PM: As first reported by WPCNR last night,  County Executive Andy Spano has redefined White Plains Councilman Dennis Power’s position in the county  government. Asked about Mr. Power’s qualifications for his new global warming mission with the Department of Environmental Facilities in New Rochelle, Ms. Greene said, “The position requires someone with  managerial ability and the ability to work with the public. Dennis fits both of these needs.”

Mr. Power, according to the Department of Communications Donna Greene this morning is going to be reporting to Tony Landi, Commissioner of the Departmenty of Environmental Facilities. Power is being reassigned to that Department in their New Rochelle offices, to fill the need for more manpower on the County Executive’s Global Warming Task Force, according to Greene. Power is being reassigned to work specifically on preparation of the County Executive’s Action Plan on Global Warming for the county.

Greene said the County has not yet decided on a successor in Mr. Power’s position as Assistant to the County Executive for Economic Development.

She reports Mr. Power’s shift of duty had nothing to do with the alleged conflict of interest charges, but rather stemmed from the County Executive’s global warming task force need for more staffing to prepare a Global Warming Action Plan for the County. More staff has been requested by the Task Force Co-Chair Robert Funicello, she said. “The task force needs more staff and it seemed he’s a good fit.”

Brian Maloney  of the White Plains City Republican Committee, reported “the Power shift”  to WPCNR Monday evening that “(County Executive) Andy Spano has decided to transfer Mr. Power to a new staff position, that is being his representative on recycling matters and Westchester’s deep thinker on global warming issues.”

Maloney of the White Plains Republican Party is claiming vindication and a victory of sorts for his position taken on Mr. Power’s fitness for office during the recent Power-Cibelli campaign for the late Robert Greer’s Council seat. Maloney charged  that Mr. Power’s being appointed Assistant to the County Executive for Economic Development, (at a salary of approximately $76,000 a year) and being paid by the Westchester County IDA was a conflict of interest with his position as Common Councilman, and, Maloney alleged, a violation of the Hatch Act.

Maloney in a statement to the media said,  “The City’s conflict of interest investigation, and both the Federal Hatch Act investigation and the New York State Comptroller’s investigation was not going to end favorably for Power (both of which are still going strong.)”

 Maloney said in his statement that he had circulated to legal experts his proposed litigation papers that would petition the Westchester Supreme Court to force Power to resign from the either Common Council or his County  position. Maloney said former Attorney General Elito Spitzer’s chief advisors also supported this litutation. Maloney takes full credit for the upcoming reassignment of  Mr. Power saying, ” I am informed those papers were taken very seriiously by decision makers, and the “transfer” saved the county and the Common Council from serious embarrassment. “

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WPCNR White Plains Law Journal. By John F. Bailey. February 11, 2007 With Copy of the Federal Court Decision: The 40-page Memorandum & Order issued by United States District Court Sourthern District Judge Charles Brieant  January 25, reveals changes in  White Plains-generated specifications during the course of construction which contributed to circumstances that  a project scheduled to be completed in one-and-a-half years took twice as long to complete.

Begun in January 2000, the “$28 Million” White Plains High School renovation was scheduled to be finished by September, 2001. It was not officially completed according to the architect until June 16, 2003, as described in the Court Order issued January 25.  The WPHS Class of 2003 spent their entire high school years with ongoing construction taking place in the school.

The Memorandum and Order would appear to indicate that White Plains City School District dispute with Travelers Casualty and Surety Company may cost the district more that the $2 Million speculated by Superintendent of Schools Timothy Connors to WPCNR last Thursday.

Payment Proposals Thursday

Both sides are to submit payment proposals on Thursday (February 15).  Depending on whether White Plains has already paid off contractors they signed liquidating agreements according to the suit, the payment to Travelers may be the only liability.  Mr.  Connors told WPCNR the $2 Million was the only amount outstanding but that he really did not have the final figure.

The Court Order indicates the amount in dispute owed by White Plains to Travelers to be $2,147,573.35  plus 3 years and 3 months of court-ordered interest, WPCNR has been told by an attorney familiar with such interest that it is paid at 9% a year 

The order  denies the White Plains counter claim against Travelers of  $7,295,564.31.

It is unclear whether the claims of other contractors (not the responsibility of Travelers) originally to be covered by the White Plains counter claim will be paid out of pocket by the school district now , or have already been paid. These figures are just what are contained in Judge Brieant’s Court Order, with the final monies scheduled to be discussed Thursday.

Road Map of the Decision

WPCNR has received a copy of Judge Brieant’s decision from the City School District and as a public service we are providing a transcript as follows:

To give readers a walk-through of the sections of the decision, WPCNR provides the following guide:

Pages 1 to 5 identifies the parties involved in the project and the lawsuit, filed by  Travelers Casualty and Surety Company, as Administrator for Reliance Insurance Company, against the City School District. Pages 1 to 5 described the timeline of events leading up the filing of the Travelers suit October 15, 2003, and White Plains “Counterclaims” against Travelers and Tratoros Construction for $7,295,564.31. (page numbers appear at the bottom of each page.)

Page 6 – 7  describes White Plains obligations to two other contractors F.A. Burchetta, Inc. (the electrical contractor) in the amount of $2,015,966.31  and Richards Conditioning, Inc. (the HVAC contractor) for $1,364,598 (not yet paid by the Board)

Page 8 notes the Judge’s decision on what White Plains owes Travelers for the unpaid balance of the bond contract ($1,026,019.76).

Pages 9- 23 describes a key architect change in the thickness of stone panels (1-1/2 inch as originally specified, changed to 2-1/2 inches, and the subsequent respecification of metal hangers to support the thicker, heavier tiles; RFPs, Trench Cover and  Change Orders

Pages 24 to 34 report the Judge’s conclusions on when the high school project was substantially completed which figure prominently in this Court Order going against the City School District.

Pages 35 to 38 report under the heading “Misconduct of the Architect,” the Judge details the circumstances that lead the judge to find misconduct.

Page 39 sets the date when the parties are to come to agreement on the payments owed Travelers.

Herewith, WPCNR Posts the Court Order in two parts  in the next two stories. Read the posting after next block to see Part 1 of the decison.