Trataros Charges Details Emerge. Resignation,

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WPCNR POLICE GAZETTE. By John F. Bailey. September 13, 2006:  WPCNR has received the Accusatory Statements in the Michelle and William Trataros matter from the White Plains City Court. Actual charges are more detailed than previously reported.


 



 


The Accusatory Statements in the Trataros Cases: Charges have lead Ms. Trataros to excuse herself from public appearances on the Board of Education until at least after the October 17 Referendum on the district $69.6 Million Capital Improvement Project, according to Superintendent of Schools Timothy Connors, speaking privately to WPCNR Monday evening. Photo, WPCNR News.


Neither Mr. Connors nor acting President of the Board of Education, William Pollak offered any public comment explaining Mr. Pollak’s appearance as Acting President and no explanation for Ms. Trataros absence or legal problems was made to the to the public or the television audience. There was no comment from those in attendance at the meeting about the Tratoros alleged incidents.


 


Connors told WPCNR after the meeting Ms. Trataros was not in attendance at the Board of Education meeting Monday night, because she needed “the time to work things out with her family.”  He said she was still a member of the Board of Education, and that he expected she would return to the Board when the direction of her legal problems was clear.


 


Last week, WPCNR asked Superintendent Connors, since the Board of Education is an elected body, whether the School District could remove a member from the Board should it feel compelled to do so, for any reason.


 


Connors said there were only two ways a member could leave the board, either by tendering their resignation, or “For Cause,” (the School District, or the Board of Education, it was not clear which,  demanding her resignation for being convicted of violating a law.


 


Mr. Connors did not indicate, in any way, or elaborate on how a “For Cause” action might unfold against Ms. Trataros, if at all, or indicate that the procedures of a “For Cause” action were being explored at this time.


 


Accusatory Statement Detail.


 


The Accusatory Statements filed against Michelle Trataros in City Court September 1, by the White Plains Police furnished to WPCNR by City Court read:


 



 


“…accuses the defendant named above of the following offense committed at 898 North Street, City of White Plains, New York on or about August 31, 2006 at approximately 8 P.M.


 


“COUNT ONE: The Offense of ENDANGERING THE WELFARE OF A CHILD,  a violation of Penal Law PL 260.10 01 AMO


 


 The Defendant knowingly acted in a manner likely to be injurious to the physical, mental, or moral welfare of a child less than seventeen years old.


 


To wit: The defendant at the above date, time and place, did hit her fifteen year-old daughter with a wooden spoon.


 


The above allegation(s) of fact are made by the complainant herein on direct knowledge (and upon information and belief) with the source(s) of complainant’s information and the grounds for his or her belief being police investigation.”


 



 


 


“COUNT ONE: The Offense of HARASSMENT IN THE SECOND DEGREE, a violation of Penal Law PL 240.26 01 0V2


 


The Defendant with intent to harass, annoy and alarm another person, he/she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same.


 


To wit: The defendant at the above date, time and place, did strike her 15 year-old daughter with a wooden spoon on her back and legs.”


 


William Trataros, Ms. Trataros husband,  was also charged in the August 31 incident with the Trataros daughter.


 



 


The Accusatory Statement filed against Mr. Trataros, “accuses the defendant named above of the following offense committed at 898 North Street, City of White Plains, New York on or about August 31, 2006 at approximately 8:00 P.M.


 


COUNT ONE: The offense of ENDANGERING THE WELFARE OF A CHILD, a violation of Penal Law PL 260.10 01 AM0


 


The defendant knowingly acted in a manner likely to be injurious to the physical, mental, or moral welfare of a child less than seventeen years old.


 


To wit: The defendant at the above date, time and place, did act in a manner, which is injurious to the physical mental, or moral welfare by punching his 15 year-old daughter numerous times with his fist all over her body.”


 


 



COUNT ONE: The Offense of ASSAULT IN THE THIRD DEGREE, a violation of Penal Law PL 120.00 01 AM3


 


The Defendant with intent to cause physical injury to another person, he/she causes such injury to such person or to a third person. Assault in the third degree is a class A misdemeanor.


 


To wit: The defendant at the above date, time and place, did punch his 15 year old daughter numerous times with his fist all over her body causing substantial pain and suffering and redness to her back, neck and stomach. Defendant also grabbed the victim around her neck with his hands causing redness and swelling to the neck area.”


 


Police Report Observations.


 


In the Police Report furnished to WPCNR by the White Plains Police Department, filed by the investigating officers, Ms. Trataros daughter was described as having the following injuries: “scratches, bruises,” and she was not hospitalized. The daughter was described by the officers checking a box on the report, as “fearful.” In the Threats section the box “Injure/Kill Persons” was checked off.


 


The officer filling out the Police Report checked off the following reported acts: kicking, punching, pushing, slapping, slamming body, strangulation/ “choking,” unwanted contact, verbal abuse.


 


The Police Report investigating officer statement reads (WPCNR has removed the address of the home to which the Tratoros daughter had fled from her home at 898 North Street and from where she telephoned police to report the alleged events.)


 


“Responded  to  —- on a report of child abuse. We met Trataros (daughter) and she stated she was physically abused by her parents, William and Michelle Tratoros… Tratoros (the daughter) stated William punched, choked, kicked and threw her down a flight of stairs during an assault. Mother, Michelle, beat her with a wooden spoon to assist in this assault. Photos taken. Transported back to H.Q. for statement. William and Michelle brought to H.Q. for investigation. See  D.D. Case for further. CPS Case Worker — notifed”


 


Deputy Chief Anne Fitzsimmons of the White Plains Police Department said that a Police Report is the first report on an incident and formal charges are drawn up based on that report, but charges are based on the report and refinement of the original police report as the investigation unfolds.


 


Signed statements of the victim and the defendants were not legally available to be released to WPCNR, FitzSimmons said.


 


The investigation is ongoing, and being refined according to Deputy Chief  FitzSimmons, speaking to WPCNR Monday afternoon.  The Westchester County District Attorney’s Office spokesperson told WPCNR that all documents and information the media are entitled to have at this time are included in the Accusatory Statements.


 


The defendants were due back in City Court October 11 “for all purposes” according to the City Court clerk


 

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Little League Introduces Pitch Count to Protect Pitchers’ Arms

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WPCNR PRESS BOX. From White Plains Little League. (Edited)September 12, 2006: The White Plains Little League has received word from Little League Headquarters in Williamsport, Pennsylvania, that pitchers are to be monitored on the number of pitches thrown and that will determine their eligibility to pitch.







Starting with the 2007 season, pitchers in all divisions of Little League, from age 7 to 18, will have specific limits for each game, based on their age. The number of pitches delivered in a game will determine the amount of rest the player must have before pitching again.


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There are about 2.3 million players in the baseball divisions of Little League worldwide. There are nearly 400,000 girls softball players, but the new regulations will not apply to softball.

For all of Little League Baseball’s history, and for the history of amateur youth baseball in general, pitching regulations have used innings pitched to determine pitcher eligibility. Recently, researchers and medical professionals in the field of sports medicine have been working to determine if the actual number of pitches thrown (i.e., pitch count) is a safer way to regulate pitching in youth baseball.

Most notable among those calling for pitch counts has been Dr. James R. Andrews, M.D., medical director at the American Sports Medicine Institute (ASMI) in Birmingham, Ala. Dr. Andrews is the world’s foremost authority on pitching injuries and ulnar collateral ligament reconstruction, or, as it is better known, “Tommy John surgery.” The ASMI and the USA Baseball Medical and Safety Advisory Committee have worked closely with Little League to create the guidelines for the new regulation.

“This is one of the most important injury prevention steps ever initiated in youth baseball by the leader in youth baseball,” Dr. Andrews said. “It is certain to serve as the youth sports injury prevention cornerstone and the inspiration for other youth organizations to take the initiative to get serious about injury prevention in youth sports. I am proud that out American Sports Medicine Institute and USA Baseball can play a small role in this important initiative.”

Little League is the first national youth baseball organization to institute a pitch count. The Little League International Board of Directors approved the measure unanimously at its annual meeting today, two days before the Little League Baseball World Series concludes.

“This is the right time to make this change,” Stephen Keener, President of Little League, said. “We call upon all youth baseball organizations, including travel leagues, to implement their own pitch count programs in the interest of protecting young pitching arms. Our goal continues to be to educate everyone, particularly parents and coaches, on the potential injuries that can occur from throwing too many pitches.”

For the past two years, Little League has conducted a Pitch Count Pilot Program to determine the feasibility of implementing a regulation limiting the number of pitches a Little Leaguer can throw in a day, and the rest required before pitching again. Fifty leagues were studied in 2005, and nearly 500 signed up for the program in 2006.

“Surveys of those leagues showed the overwhelming majority were able to implement a pitch count without any problems,” Mr. Keener said. “They also found that they were able to develop other pitchers who might not have otherwise ever taken the mound. And they found that their pitchers were stronger at the end of the season, with less arm pain.”

Previously, Little League pitching regulations limited pitchers (league age 12 and under) to six innings per week (Sunday through Saturday), and six innings per game. The number of innings allowed was increased for older age groups.

The number of pitches allowable under the new regulation is based on the pitcher’s age. Specific rest periods are in place when a pitcher reaches a higher threshold of pitches delivered in a day.

The table below gives an overview of the number of pitches that will be allowed per day for each age group during the regular season in 2007.

 









League Age
Pitches allowed per day
17-18

105

13-16

95

11-12

85

10 and under

75


The rest periods required during the 2007 regular season are listed below.

Pitchers league ages 7 through 16 must adhere to the following rest requirements:

• If a player pitches 61 or more pitches in a day, three (3) calendar days of rest must be observed.
• If a player pitches 41 – 60 pitches in a day, two (2) calendar days of rest must be observed.
• If a player pitches 21 – 40 pitches in a day, one (1) calendar day of rest must beobserved.
• If a player pitches 1-20 pitches in a day, no calendar day of rest is required before pitching again.

Pitchers league age 17-18 must adhere to the following rest requirements:

• If a player pitches 76 or more pitches in a day, three (3) calendar days of rest must be observed.
• If a player pitches 51 – 75 pitches in a day, two (2) calendar days of rest must be observed.
• If a player pitches 26 – 50 pitches in a day, one (1) calendar day of rest must beobserved.
• If a player pitches 1-25 pitches in a day, no calendar day of rest is required before pitching again.

“The regulation might be seen as a work in progress,” Mr. Keener said. “As we move forward through the years, the limits may be adjusted as needed. And of course, we will continue to use all means at our disposal to improve the education of managers, coaches and parents.”

Regulations for tournament play (all-stars) will be similar, but with some modifications. Those regulations will be released this fall.

Little League also continues to explore other pitching-related issues, such as the use of breaking pitches.

“While there is no medical evidence to support a ban on breaking pitches, it is widely speculated by medical professionals that it is ill-advised for players under 14 years old to throw breaking pitches,” Mr. Keener said. “Breaking pitches for these ages continues to be strongly discouraged by Little League, and that is an issue we are looking at as well. As with our stance on pitch counts, we will act if and when there is medical evidence to support a change.”

Little League International is beginning a five-year study on breaking pitches by Little League pitchers. The study is being conducted by the University of North Carolina and is supported by the Yawkey Foundation

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4 To WPHS Hall: Johnson 44, Schneiderman 49, Bauman 68, Himmelfarb 70

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WPCNR SCHOOL DAYS. By Amy Geiger. September 12, 2006: Four White Plains High School graduates have been selected for induction this fall into the school’s Hall of Fame.


  


The 2006 inductees are: Eileen W. Johnson ’44, (posthumous award) a General Foods Corp. executive and pioneer in diversity and minority hiring; Dr. Lawrence J. Schneiderman ’49, an internationally recognized expert and teacher in medical ethics; Dr. William A. Bauman ’68, an honored physician, teacher and researcher of veterans with spinal cord injuries; Dr. Martha Himmelfarb’ 70, an internationally renowned author, scholar and expert in ancient Judaism and Christianity.


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The Hall of Fame, which is celebrating its 11th year, pays tribute to the White Plains High School alumni/ae who have distinguished themselves in their chosen careers and/or have significantly and positively impacted the lives of others. 


 


The inductees were selected by a committee of representatives of civic and school groups from nominations submitted by the public.  New nominations are welcomed each year.  White Plains High School Principal Ivan Toper and Amy Geiger are Co-Chairpersons of the Hall of Fame Steering Committee.


 


This is the eleventh class of distinguished alumni/ae selected since the Hall of Fame was established in 1996, bringing the total number of inductees to 50.  It is estimated that more than 25,000 students have graduated from White Plains High School in its 109 years of continuous operation.


 


The honorees will visit the High School on Tuesday, November 14th and will spend time with students and staff.  The Induction Ceremony will take place in the Media Center and will be followed by a reception.  The public is invited.   


   


 


EILEEN W. JOHNSON, Class of 1944 – (Posthumous Award) Mrs. Johnson, a Human Resources executive at General Foods Corp. for 32 years, was a corporate pioneer in diversity employment and training.


 


 


DR. LAWRENCE J. SCHNEIDERMAN, Class of 1949 – A professor of Family and Preventive Medicine at the University of California, San Diego School of Medicine, Dr. Schneiderman is an internationally recognized expert in the field of medical ethics.


 


 


DR. WILLIAM A. BAUMAN, Class of 1968 – An honored physician and researcher of veterans with disabilities, Dr. Bauman established and is Director of the Department of Veterans Affairs Rehabilitation Research and Development Service Center of Excellence for the Medical Consequences of Spinal Cord Injury at the James J. Peters Veterans Affairs Medical Center, Bronx, NY.


 


 


DR. MARTHA HIMMELFARB, Class of 1970 – An internationally renowned scholar and author in ancient Judaism and Christianity, Dr. Himmelfarb is Chair of the Department of Religion at Princeton University.


                               


 

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Ferris Shooting Victim O.K. Police Say. Ask for Witnesses to Come Forth

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WPCNR POLICE GAZETTE. From White Plains Police Department. September 12, 2006: Deputy Commissioner Daniel Jackson of the White Plains Police reports on the progress of the investiation into the Monday shooting on Ferris Avenue in this statement to WPCNR:


Mr. Bailey,
The shooting yesterday occurred at Ferris Ave. And Richards St. At 1:17 PM A 26 year old White plains man was shot in the abdomen. He is on stable condition and his injuries are not life threatening. The Detectives are investigating the case. The motive and surrounding details are being investigated. As always, we are asking anyone with information to contact the detectives by calling 422-6111.



We have interviewed a number of witnesses and are continuing to conduct interviews and gather evidence.


We have not released the victims name as of yet. I will get it to you as soon as we do. As for the number of people involved and the cause, it is under investigation.

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County to Bring Gang Awareness & Prevention Program to White Plains

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. September 12, 2006: As part of a comprehensive effort to deal with the growing problem of youth violence in Westchester, County Executive Andy Spano today announced that the county will bring to the White Plains School District, Yonkers and Port Chester a  program that trains kids in non-violent ways to settle disputes and also trains them to train other kids.  

The program, known as Power of Peace, is one of several initiatives that are the outcome of the Summit on Gang Prevention and Youth Violence sponsored last April by Spano and District Attorney Janet DiFiore. Others include training for United Way’s 2-1-1 responders, a speakers bureau and an inter-agency/inter-government task force.


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“You don’t get rid of gangs overnight or through one program,” said Spano. “The professionals who spoke and shared information at our summit made it clear that there must be a vast array of programs and services to prevent gangs in the first place and deal with gangs when they exist. As a county, we are committed to helping our local communities and families deal with this.”


DiFiore said, “The best way to put gangs and the violence they foment out of business is to maintain strong partnerships between law enforcement, the community, schools and social service agencies. I have made it a priority to focus on gang violence by aggressive prosecution of the individuals and groups responsible. We have seen the number of gun recoveries and prosecutions rise dramatically this year. Combining our efforts by taking the worst offenders off the streets with County Executive Spano’s initiatives to address the triggers of violence in our community before they explode is not only proactive but also effective.”


Power of Peace, a program of  The Guidance Center in New Rochelle,  is patterned after a program created at Green Haven Correctional Facility in Dutchess by prisoners who were trying to develop tools to deter youth violence. Michael Arteberry, a volunteer at Green Haven, came to the Guidance Center to adapt the Green Haven program into Power of  Peace. Currently, he runs it in several places in Westchester, including  New Rochelle.


Through Power of  Peace, youth (not just “troubled youth”) are trained in non-violent ways to settle problems including impulse control, conflict resolution and resistance to peer pressure.


The decision to bring the program to White Plains (the school district), Yonkers (Nepperhan Community Center) and Port Chester (Carver Center) was made by the county at the suggestion of the Reducing Youth Violence Committee, an inter-governmental/inter-agency group put together by the Westchester County Youth Bureau.  


            Here are some of the other initiatives now under way:


¨      Speakers Program: The Reducing Youth Violence Committee has launched a speakers program. To date, committee members have spoken in White Plains, Greenburgh, Yonkers, Mount Vernon and Peekskill concerning youth violence and what can be done. A flyer, “Youth Violence and Gangs — What You Need to Know, Gang Prevention: What Parents Can Do, What Schools Can Do and What Community Members Can Do,” is distributed.  


¨      Summit DVD: A video of the April Summit was created by the county’s Communications Office. It may be viewed on line at www.westchestergov.com/gangprevention.  This can also be viewed on cable television by those with Optimum IO  cable channel 504 (Westchester on Demand).


¨      2-1-1: The Reducing Youth Violence Committee is working with United Way’s 211 to make sure operators at this service phone number know how to handle calls from parents or others looking for information on how to deal with youth violence phone calls. A script will aid callers in finding the best referrals and solutions.


¨      Youth/Police partnerships: The Step Up, White Plains Youth Bureau’s Gang and Violence Prevention Initiative, has completed the first youth/police partnership training. Similar programs are in the planning stages for Mount Vernon and Peekskill, with those municipal youth bureaus taking the lead to improve youth, police, and community relationships.


 



¨      Best Practices: The county continues to work with Student Assistance Services to help implement best practices through the Communities That Care (CTC) model. This is specifically s focusing on New Rochelle, Mount Vernon, White Plains, Ossining, Peekskill, Eastchester and  Mamaroneck. (Port Chester will soon be included as well.)  Each of these communities assesses the available community resources to respond to risk factors that have been identified by student surveys.


 


¨      Academic Performance: The Westchester County Youth Bureau and the Guidance Center are collaborating with Iona College and the New Rochelle City School District in a new grant- funded initiative aimed at youth violence reduction and improved academic performance in the public housing complexes in New Rochelle.


¨      Enforcement: The Westchester County Youth Bureau is working with the Yonkers Juvenile Crime Enforcement Coalition, to coordinate action plans to reduce violent juvenile crime.


¨      Mentoring: Greg Owens, who was a keynote speaker at the gangs summit, will spearhead a Westchester Mentoring Partnership that is sponsored by the state Office of Children and Family Services. All municipal youth bureaus will join in this countywide effort.


¨      Training: The Westchester County Youth Bureau is collaborating with the Westchester Community Fund to provide gang prevention training for all personnel who work in county funded youth development programs.


¨      Website: The county will continue to put information and resources on its website, www.westchestergov.com/gangprevention


 

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$55 Million PLUS Senior Housing Project Approved at Grand Avenue Post Office Lot

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WPCNR COUNTY CLARION-LEDGER. From The Westchester County Board of Legislators. (EDITED)  September 12, 2006: The building of  200 units of state-of-the-art affordable housing for senior citizens at a projected cost of $55 Million in the White Plains downtown was approved by the County Board of Legislators last night.





The Grand Avenue Board of Elections (former Post Office) Parking Lot — Site of new affordable Senior Housing Project approved Monday night. The Michaelian Building is in the background. Photo, WPCNR News Archive.


By a vote of 12-5, the Westchester Board of Legislators, authorized the leasing of County property on the corner of Quarropas and Court Streets for a fee of $1.6 Million for at least 65 years to the HANAC-Bluestone Company, which will build and manage the housing.


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“Finally!”  County Chair of the Board of Legislators Bill Ryan exclaimed after the vote.  “It’s taken far longer than it should have, but at last this critical housing will be a reality. I want to thank my colleagues who looked beyond partisan politics and stood up for Senior Citizens by addressing a critical need in White Plains.”


 


The project, which will be constructed utilizing environmentally-friendly “green technology,” has been praised by a majority of the White Plains Common Council, the Business Council of Westchester and advocates for Senior Citizens and for Affordable Housing.  It’s designed to be a model for other municipalities.


 


White Plains has seven Senior Citizen housing complexes, each of which has lower income eligibility limits and a long waiting list,” Ryan said.  “The needs of moderate income Senior Citizens have been neglected, not only in White Plains but throughout the County. This new housing will begin to change all that and will allow more Senior Citizens to continue to live in communities where they’ve put down their roots.”


Barring any delays in the local approval process, the housing will be ready for occupancy sometime in 2008.


 


Costs: $55 Million —  $275,000 per unit.


 


WPCNR notes that the project “primary financing,” of $55 Million (as of last spring according to the Westchester County Department of Communications), and according to a February 22, 2006 letter describing the project from County Executive Andy Spano, “will be provided through a mixture of New York State tax exempt bonds, tax credits and low interest loans. Enterprise Social Investment Corporation, a well-regarded tax credit syndicator, will participate in the financing, along with Citigroup.” 


 


As originally reported by WPCNR, when the selection of the county partners in the project in the Spring of 2005,  said the county would be selling the land to the group for $1 Million, (though it is valued at $10 Million). When you add the discount on the land price, the cost of the development goes to $64 Million or $320,000 per unit, approaching the selling price of condominium apartments now available to buy in White Plains, and approaching the costs to build commercial apartment and condominium projects recently completed in White Plains.


The project will make 120 of the 200 units available to senior households earning no more than 50 or 60% of the county’s median income. The remaining 80 units will be for households earning up to 80% of the median income. The Department of Housing and Urban Development reports, a single person can earn up to $32,700 at 50% of median income; $39,250 at 60% and $52,300 at 80% (of median income).


 


“This is a true victory for moderate-income senior citizens of White Plains,” Ryan said.  “It was worth waiting for and worth fighting for. This is the most significant housing project to be proposed in White Plains in recent history. Getting this accomplished is one of our most important achievements as a County Legislature.”

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Second Shooting in 5 months on Ferris Ave.

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WPCNR POLICE GAZETTE.  September 12, 2006: A fight broke out  in the vicinity of Richard Street between an undetermined number of young men early Monday afternoon, resulting in one youth being pursued down Ferris Avenue and shot in the stomach, according to White Plains police.  He was brought to White Plains Hospital Center by persons he had been with. It was the second shooting in the Ferris Avenue neighborhood as a result of a dispute between youths in five months. Police are investigating.


Kevin Chambliss was shot and killed over a jewelry dispute May 22 in front of his apartment on Ferris Avenue. Two young men have been charged in the Chambliss murder.

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Gismondi — White Plains Building Czar — To Consult on Renovation of St. Regis

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. September 11, 2006: Michael Gismondi, outgoing Commissioner of Building for the City of White Plains is leaving the city October 2 to take a position as the owner’s representative with Bruce Brickman Associates, representing and liaisoning with builders, consultants and community stakeholders in the Brickman firm renovation of the famous St. Regis Hotel in the Nation’s Capitol.


Gismondi, 55,  in an interview with WPCNR today said, “My future looks very bright and rosey.”


Gismondi said he had not been actively seeking a new position, and had been approached in the last month by persons who were familiar with Brickman’s need for a construction expert to supervise the famous hotel the firm purchased last year within blocks of the White House. Gismondi, with the city for ten years, said he made known his acceptance of the position, resigning September 2. He said he has a daughter who lives in the District of Columbia vicinity, and he was looking forward to being closer to her, as well as the challenge of the opportunity to work with the premier architects, RTKL Development in the renovation.


Gismondi said he had long been interested in renovation as one of his primary interests. Mr. G said the scope of his position would cover design, construction technique, security, furnishings, the gamet of supervising from a position of expertise.


He said he had enjoyed his ten year career with the city, and “would miss those late night Common Council meetings.”

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Rogowsky Sets City Straight on The Coachman Issue

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WPCNR County Clarion-Ledger. September 11, 2006: Chairman of the County Board of Legislators, Bill Ryan, with his previous letter  has shared exclusively with WPCNR this letter to the Common Council of the City of White Plains and Mayor Joseph Delfino, reportedly setting the record straight on the closing of The Coachman Hotel as a homeless shelter. Mayor Joseph Delfino had announced in another media, The White Plains Times, that the county was required to sell the shelter back to the city after fifteen years.


County Legislator Martin Rogowsky rejects Mayor Delfino’s understanding:


 









WESTCHESTER COUNTY BOARD OF LEGISLATORS


 


800 MICHAELIAN OFFICE BUILDING


148 MARTINE AVENUE


WHITE PLAINS, NEW YORK 10601


(914) 995-2834


FAX (914) 995-3884


rogowsky@westchesterlegislators.com


 








MARTIN L. ROGOWSKY


Legislator, 6th District


Majority Leader

 



n


 


 


 


 


September 11, 2006


 


Hon. Joseph M. Delfino


City of White Plains


255 Main Street


White Plains, New York 10601


 


Hon. Glen Hockley


City of White Plains


255 Main Street


White Plains, New York 10601


 


Hon. Arnold Bernstein


City of White Plains


255 Main Street


White Plains, New York 10601


 


Re:  The Coachman Family Center in White Plains


 


Dear Mayor Delfino and Councilmen Hockley and Bernstein:


 


Thank you for your letter of August 29th regarding the County Facility located on the site of the former Coachman Hotel (Coachman).


 


You seem to believe that Westchester County is under some obligation to sell the Coachman property to the City of White Plains next year.  Frankly I am surprised that you harbor such an erroneous belief given the key role Mr. Delfino played in the County’s acquisition of the Coachman in 1993 when he and I served together on the Board of Legislators. 


 


Your letter is wrong on several important facts.  First, the 1993 legislation as my former colleague, Mr. Delfino, who was its prime sponsor should recall, enabled the County to acquire the Coachman for “general municipal purposes”.  It contained absolutely no provision that the County sell the Coachman to the City of White Plains after 15 years or at any time for that matter.  Nor did the legislation contain any provision limiting how long the County could operate the Coachman as a homeless shelter.


 


With respect to any 15-year limit on operation, the legislation only authorized the County Executive to enter into an intermunicipal agreement (IMA) with the City of White Plains where the County would agree not to operate the Coachman as homeless housing for more than 15 years.


 


Although the County Executive was authorized to enter into such an agreement, none was ever approved by the White Plains Common Council and Board of Legislators nor signed by the County Executive and the Mayor of White Plains.  It does not exist.  There is also absolutely no record of Mr. Delfino taking any action as County Legislator representing White Plains to insure that such an agreement was consummated.  In short, he dropped the ball.


 


Moreover, you are (or should be) well aware that the County is under no obligation to sell the Coachman to the City of White Plains.  As a matter of fact, on April 21, 1993, County Legislator Joe Delfino issued a joint press release with County Executive O’Rourke containing the elements of the proposed Coachman legislative package which stated clearly that the County “will retain ownership” of the Coachman.


 


As you know (or should know), the legislation enabling the County to acquire the Coachman was approved by the Board of Legislators at the meeting held on June 7, 1993.  Both Mr. Delfino and I voted for this legislation.  I mention this only because the copy of Mayor DelVecchio’s communication to the Common Council which you attached to your letter is part of the September 7, 1993 Minutes of the Common Council (it is also not a complete copy as the last page is missing).  Since this is well after the County Board approved your legislation, it is obvious that the Mayor’s communication was more concerned with the composition of the Community Advisory Board than the already-enacted legislative package for the Coachman.


 


I am also mystified by your inclusion of the July 1989 Memorandum of Understanding among the County of Westchester, City of White Plains and WestH.E.L.P. Inc.  Mr. Delfino, as a County Legislator and a former Councilman knows that the Common Council refused to grant WestH.E.L.P.’s application for a special permit and denied its site plan approval at the September 4, 1991 meeting.  As such, the July 1989 Memorandum of Understanding was rendered inoperative.  I certainly remember this clearly.


 


In fact, I am sure that Mr. Delfino as County Legislator received a copy of County Executive O’Rourke’s letter dated October 28, 1991 to Mayor DelVecchio and the Common Council stating categorically that the Common Council’s action on September 4, 1991, released the County from any obligation under the July 1989 Memorandum of Understanding.  As a legislator at that time, I was certainly aware of this as were all the other legislators including Mr. Delfino.


 


Moreover, the legislative package that Mr. Delfino sponsored and got approved referred to the nonprofit agency Westhab, not WestH.E.L.P.  These are two different entities involved in two different proposals separated by nearly four years.   So, please pardon me if I am unable to determine why you would include an inoperative Memorandum of Understanding as authority for your position when you sponsored legislation which so clearly contradicted it.  


Your assertion that the “turnover of the Coachman is now at hand” is clearly wrong.  Your assumptions regarding it are contradicted by Mr. Delfino’s past actions as a County Legislator.  Your letter of August 29, 2006, like the July 1989 Memorandum of Understanding that you use to support it, is totally inoperative. 


 


Finally, relative to the legislation now before the County Board to build affordable senior housing, if you would like assurances that this building will not be used to house the families from the Coachman, I suggest you read that Legislation, as I have.  The assurance is also contained in the lease agreement.


 


As Majority Leader, I look forward to working co-operatively with the members of the Common Council and Mayor Delfino to bring this County-sponsored senior citizen affordable housing proposal to fruition.


 


Very truly yours,


 


 


 


Martin Rogowsky


Majority Leader


 


cc:  Members of the White Plains Common Council           

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Bill Ryan Explains The County Right to Lease Grand Ave Site for Housing

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WPCNR COUNTY CLARION LEDGER. From the Office of the Chairman of the Board of Legislators, William Ryan. September 11, 2006: In a letter to the Common Council, released to WPCNR readers by County Legislator Bill Ryan,  Mr. Ryan explains the means by which the county is legally allowed to lease the post office site to develop senior housing


 


 





The Grand Avenue Board of Elections (former Post Office) Parking Lot coming up for a vote to be leased this evening. The Michaelian Building is in the background. Photo, WPCNR News Archive.


Honorable Members


Common Council, City of White Plains


 


 


Recently Mayor Delfino wrote to the Westchester Municipal Officials Association about the County’s intention to create senior citizen affordable housing on County-owned land in his city.  Mayor Delfino alleges that by making this property available to a private concern, which will build and manage the housing, and not offering it to White Plains, the County is denying the city its so-called “right of first refusal.”


(More)


 


 




The mayor’s letter is just his latest attempt to block the construction of this needed senior citizen housing.  Frankly I’m puzzled by his attitude.  You have said that affordable senior citizen housing is a high priority.  White Plains and Westchester housing and senior citizen advocates have praised the County’s plan as has the Business Council of Westchester. All of you share the opinion that it’s a good proposal and will serve as a model for other communities.


 


The mayor, of course, has a right to hold and express a contrary view.  What he does not have the right to do, however, is spread as gospel his totally mistaken reading of Westchester’s Charter. Therefore, I find it necessary to correct his misrepresentations.


 


Under its Charter, the County:


 


(a)    May convey real property through sale or lease to a private entity in order to achieve a County purpose.  The Board of Legislators, which sets County policy, has on numerous occasions officially declared the creation of affordable housing to be a County purpose.


 


(b)   May make a determination, through a vote of the Board of Legislators, that certain specified real property is no longer needed for a County purpose.


 


(c)    Must offer to sell for $1 any real property that has been determined no longer needed for a County purpose to the municipality in which that property is located.  The municipality must, in turn, use the property as park or open space. This is the “right of first refusal” and it was added to the Charter to preserve open space.


 



The property the mayor refers to doesn’t fall under (b) above.  According to New York State’s Attorney General, affordable housing qualifies as a County purpose if a County’s legislature officially declares it as such.  Our Board of Legislators did this in 1992.  Therefore the County’s decision to utilize it for affordable senior housing means that the property has a very definite County purpose.


 


Let me also note that, obviously, the non-profit organization constructing the senior citizen affordable housing will comply with all the appropriate White Plains zoning and building regulations.  Indeed, the city will have to issue various approvals as the construction proceeds.  I have no idea where the mayor gets the idea that the city’s local regulations will be by-passed. Indeed, home rule is not even an issue in this case.


 


I have attached a more detailed analysis of the issues I have discussed above prepared by Michael Amodio, legal counsel with my office.  As always, I am available to answer any further questions you may have.


 


 Sincerely,


 William J. Ryan

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