WHITE PLAINS CITIZENETREPORTER 3,374,995 VISITS IN ONE YEAR—65,000 VISITS A WEEK BY 985,281 VISITORS

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. May 26, 2004: Edward Dunphy, City Corporation Counsel reported to the Common Council this evening that the council would receive a home rule resolution to vote upon at their June 7 Council meeting to pave the way for dissolution of the White Plains Parking Authority by the State Legislature. Mr. Dunphy reported that in conversations with White Plains Albany representatives this afternoon that Adam Bradley of the 89th District in the Assembly, and Suzi Oppenheimer, State Senator would sponsor rules bills in the Assembly and Senate respectively. “We even have the Senate Bill Number and the Assembly Bill Number” Dunphy said.

DUNPHY reports status of Parking Authority Legislation. Photo by WPCNR News

Dunphy said the council would also receive legislation for action at their June 7 meeting that would establish a Department of Parking that would take over all White Plains Parking Authority functions. Dunphy noted  in response to questions by Councilwoman Rita Malmud that the Parking Authority Operating Agreement established between the city and the Parking Authority in 1997 established the city’s right to take over certain Parking Authority functions if they chose to do so.

“YOU GOT IT.” Assemblyman Adam Bradley speaking to WPCNR at his FundRaiser at Coughlin’s Thursday night, said the Rules legislation would be offered as soon as he received the White Plains home rule request, saying that if the Common Council and the people of White Plains felt the dissolution of the Parking Authority was in the city’s best interest, he would support it. Photo by WPCNR News.

Dunphy said he had been assured by Mr. Bradley and Ms. Oppenheimer that all was on schedule to pass the legislation terminating the existence of the Parking Authority by June 30, allowing the city to absorb all the Parking Authority assets and properties, including its $7.5 Million Fund Balance.

 Ms. Malmud queried Dunphy on whether these funds had to be dedicated to parking, or whether they could just go into the general fund. Dunphy said they could be included in the general fund without being dedicated to any specific use. She asked what would happen if the homerule and Parking Authority Dissolution Legislation were not to pass by June 30. Dunphy said based on his discussions with Rome, New York, that he expected the city could absorb the assets anyway for the 05-06 budget year.

No other Councilperson asked any questions about how the city would organize the new Department of Parking, and who would run it. Paul Wood, City spokesperson, when asked if Albert Moroni and John Larson, the Executive Director and Deputy Executive Director would head the new Department of Parking said he did not know. It is assumed that is what would happen, but no councilmember  asked that question.

Mayor Joseph Delfino announced that a presentation of the Department of Parking structure and organization would be made to the Parking Authority Board June 14, which may be the last meeting ever of the White Plains Parking Authority Board.

In a possibly-related Parking Authority development, William Holzel, a member of the Parking Authority Board who had voted to hire outside counsel to research legal issues for the Parking Authority Board three weeks ago, faxed his resignation to the Mayor today.

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WPCNR SCHOOL DAYS. From Michelle Schoenfeld. May 25, 2004: Over 200 students received awards at the annual White Plains High School Underclass Award Night held last month.  Included were the following book awards from various colleges and universities:

Anya Brown received the Barnard in Westchester Book Award; Zachary Kaye, Brown University Book Award; Dorotea Szkolar, Bryn Mawr College President’s Book Award; Hannah Chang, Colgate Book Award; Max Kravitz, Columbia University Book Award; Rachel Silverman, Cornell University Book Award; Danielle Cohn, Harvard Prize Book Award; Ewa Gorczyca, Mt.  Holyoke Book Award; Janice Kim, Oberlin College Alumni Book Award; Lauren Cokely, Rutgers University Book Award; Yesenia Aguilar, Smith College Club Book Award; Marten Coulter,  University of Michigan Club of Westchester Book Award; Shira Wrightman, University of Pennsylvania Book Award; Naama Wrightman, Wellesley College Book Award; Sarah Kellogg, Williams College Book Award; and Elizabeth Newman, Yale Book Award.

 In other presentations, Joshua Daskin received the West Point Award; Juliana Neuspeil was given the Community Ambassadors Abroad Scholarship; Nicholas Hajal received the Rensselaer Medal; and Continental Math League Awards went to Susannah Genty-Waksberg, Danzhou Li, Madelyn Petralia and Jacaob Roby.

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WPCNR METER WATCH. By John F. Bailey. May 21, 2004 UPDATED 2:00 A.M. E.D.T.: Eight days after voting to seek private legal counsel to advise them on legal issues on the city plans to dissolve the Parking Authority, the White Plains Parking Authority Board voted 4-0 with one abstention (Timothy Sheehan) to unhire its legal counsel Thursday evening, after an Executive Session. WPCNR has also learned the Parking Authority funds, by the State Parking Authorities Law, cannot be transferred onto  the city books until the Parking Authority “ceases to exist.”

THE CITIZENETREPORTER’S LAST SIGHT of the Parking Authority Board seconds after Tim Sheehan, WPPA Board Chair, made a resolution asking for an Executive Session to discuss the Dunphy-Delfino Legal Counsel Hissy Fit last week, declaring the WPPA Board had no right to hire its own legal counsel.  Left to right, (not seen) are Michael Amodio, Frank Cantatore, Carolyn Abramowitz, Mr. Sheehan, Al Moronie, Parking Authority Secretary and Carl Perri.  Photo by WPCNR News

The resolution was learned to be a prewritten resolution he presented to the Board pretyped because  reporters present saw it was typed with Sheehan penciled notations upon it, after it was approved. At 7:20 the media was allowed to reenter the room. Mr. William Holzel who voted for independent legal counsel last week did not attend, no reason given by Mr. Sheehan, and it was learned Paul  Zaferiou was taking inventory at Nieman-Marcus. Mr. Moronie and the secretary soon followed reporters out of the room. Seasoned observers of WPPA meetings said Executive Sessions were almost unheard of up until this year, and there have been at least two in a week.

Journal News Editorial Influences the Reversal.

Afterwards, WPCNR asked Mr. Sheehan why the authority reversed itself. Mr. Sheehan said, “In light of the Journal News Editorial this morning, we felt we had to move this issue (of dissolution of the Parking Authority).” Asked if this meant that The Journal News dictated WPPA Board policies, if The Journal News did not like something they did, Sheehan denied this, after just saying they had.

SHEEHAN EXPLAINS IT ALL AGAIN: Mr. Sheehan holds an impromptu Q & A with reporters after the resolution passed 4-0 with him abstaining. Photo by WPCNR News

Sheehan with great dignity, gravely said the board realized the urgency of the matter, and Mayor Delfino’s concern. (Mayor Delfino was reported by The Journal News editorial Thursday as saying he withheld a consultant’s report on the proposal because the WPPA Board had their own legal counsel. Asked if The Journal News was simply manipulated by the case  Mayor Delfino  made to them, Sheehan defended the Mayor’s act as concern for the delay.

A Tight Timetable.

The Authority will ask Corporation Counsel Edward Dunphy for his legal opinion on the legality of dissolving the Parking Authority and appropriating its fund balance of $5 Million and change, all its revenues, and expenses into a separate city Parking Department. After hearing the Dunphy “take,” their pre-typed resolution (passed out to the Media in attendance) says they will then discuss an independent counsel under Mr. Dunphy’s tutelage, after hearing Mr. Dunphy’s analysis of the legal issues. (See complete resolution at end of this report.)

They also agreed to pay the legal representative retained by Carolyn Abramowitz last Monday afternoon up to $2,000 for whatever research and thinking he has executed so far. Afterwards, Sheehan was asked if the amount owned Sheehan’s law firm might be donated to charity, since it was Sheehan’s law firm, and Sheehan said he could not speak to that.

A Change of Heart. Dunphy’s Opinion Now Counts

Asked why the Board felt so strongly last week that it had to hire independent legal counsel, Carolyn Abramowitz said, she was concerned last week, but felt since she was going away for three weeks because her 37 year old son was being deployed by his National Guard unit, she felt she had to move this issue.

Michael Amodio, the other Board member said the same, saying they felt they had to have legal advice on the issues and now that Dunphy was going to offer opinion, he felt the resolution they passed Thursday evening could always consult legal counsel of their own at a later date. He was not asked why he felt Mr. Dunphy could offer a better opinion now than Dunphy could last week.

1955 Elmira Case Basis for Dunphy Dissolve Mechanism

Mr. Sheehan said that Mr. Dunphy would offer an opinion on whether the city could take the Parking Authority’s assets without the State Legislature officially dissolving the Authority before its life runs out naturally according to the Public Authority’s Law statute in 2010.

Asked where the Agreement between the city and the Parking Authority specifically says the Parking Authority is prohibited from using an independent legal counsel, Sheehan referred WPCNR to a section in the City Charter, but could not produce a copy of that section. City Hall, asked for such a provision, also did not supply it last week.

IMPROMPTU NEWS CONFERENCE: Carolyn Abramowitz, left, Vice Chair of the WPPA Board, and Timothy Sheehan, answering reporters’ questions Thursday evening. Photo by WPCNR News

Expounding generously with complete candor, Mr. Sheehan when queried by reporters as to the reason why the city feels it can dissolve the Parking Authority legally, cited a case in 1955 in the City of Elmira.

Sheehan said in that case the city of Elmira was going to give a sum of money for payments to that city’s Parking Authority to shore up a shortfall. The city was sued saying that Parking Authority could not accept a gift. The court, according to Sheehan, ruled that it was not “a public gift,” “the public was not involved,” and legal, which, in Sheehan’s opinion was very similar to what the city is seeking to do with the Parking Authority. But he was reserving judgment on Mr. Dunphy’s deliberation.

WPCNR asked Sheehan how could this case apply when it is exactly the opposite situation, where the city is twisting the Parking Authority’s arm to take their money. Sheehan said “Even though our situation is left-right, instead of right-left, I believe it is similar. That’s what we’re asking Mr. Dunphy to give an opinion on.”

Just a Minor Timing Problem:City cannot have the Money until Parking Authority no longer exists.

WPCNR asked Mr. Sheehan if he had a copy of the  Public Authorties Law covering the agreement under which the Parking Authority was created in 1947.

Mr. Sheehan magnamimously produced a copy and distributed it to reporters covering the event.

Upon examination of the document, WPCNR has discovered that the City of White Plains is prohibited from assimilating the monies of the Parking Authority until the Parking Authority is  “ceasing to exist.”

The third from last paragraph of the Public Authorities Law. & 1441 “Termination of the authority and disposition of its properties states:

The authority and its corporate existence shall continue only to the thirtieth day of June, two thousand ten, and thereafter until all its liabilities have been met and its bonds have been paid in full or such liabilities or bonds have otherwise been discharged. Upon its ceasing to exist, all its rights and properties shall pass to the city.

Resolution Not Written Yet: Sheehan

The city is running out of time to get this “dissolution” accomplished by June 30. If the Parking Authority is not dissolved by then, the city cannot carry the $5 Million and change on its books to apply cosmetic fiduciary enhancement to its less than $5 Million fund balance, the ultimate objective of the dissolution of the Parking Authority.

The Public Authorities Law passed by State legislature WPCNR reviewed does not appear to provide a mechanism within it for dissolving the authority prior to the 2010 without introducing legislation to the New York State legislature.

WPCNR is in the process of determining whether efforts have been introduced with Assemblyman Adam Bradley (89th District) or Assemblyperson Amy Paulin (88th District), to rescind the agreement effective June 30, 2004.

Mr. Sheehan said the resolution spelling out how the Parking Authority would absorb into the City of White Plains has not been presented to him yet. 

An Uninformed Editorial Mistaken on the Facts.

The Journal News Editorial alluded to by Mr. Sheehan,  misstates several conditions as their “informed premise” as to why the Parking Authority should be dissolved:

 1. The city does not pay the Parking Authority Debt Service as the editorial states. The city cuts the checks using Parking Authority generated and collected money to pay the debt service, while not (thanks to the existence of the Parking Authority), having to carry the debt on its books, which enhances their bond-rating.

2. The city does not pay the cost of policing and enforcing the Parking Authority facilities and provision of security, the Parking Authority revenues reimburse the city for those costs.

3. The city does not pay the cost of maintenance of the parking authority facilities. Again, Parking Authority revenues reimburse the city for those maintenance expenses, performed by the Department of Public Works.

Mayor Delfino in his impassioned pleas to the Editorial Board, apparently did not explain the subtle distinction between where the money comes from to write the checks on, to the well-meaning and concerned Journal News Editorial Board, or the Operating Agreement of 1997 where this information is contained.

Major Time Sequence Error by the Editorial Board.

The Editorial Board also states that “the lawyer’s hiring also led to the Mayor witholding from the parking board a consultant’s report that makes the case for the proposal.”

This reverses the sequence of events: The consultant report was released to the media on Thursday, May 6. A check with their own reporter would have confirmed that for the Editorial Board.

The Parking Authority met on Wednesday May 12 and that was when they voted to hire their own legal counsel, six days after the report was released to both WPCNR and The Journal News May 6.

In fact, before the WPPA Board had even voted to hire the independent council they had the report.

The Mayor released the report to them Wednesday May 12 because the report was on the table in the WPPA Conference Room when WPCNR covered the meeting in which the Messrs Holzel, Zaferiou, Amodio and Ms. Abramowitz voted to hire the legal counsel. It was in reaction to not knowing what the proposal was that the WPPA Board hired the legal counsel. Ms Abramowitz told WPCNR we just got that report today on May 12, apparently hastily delivered to WPPA Headquarters with hours of the meeting.

Apparently the Editorial Board was not clear on this time sequence after speaking with Mayor Delfino when he held his meeting with them Monday. The story announcing the report  May 7 appeared in The Journal News own pages, we believe.

The Resolution Passed by the Parking Authority  Board Thursday night.

The resolution passed with Messrs  Amodio, Cantatore, and Perri and Ms. Abramowitz voting for, and Mr. Sheehan abstaining and reads:

In recognition of the need to move forward on this issue regarding city’s proposed creation of a City Parking Department and The Board’s response thereto, the WPPA Board authorizes the following actions:

1. Recision of Board’s decision of May 12 to retain outside counsel,

2. Authorization of Board’s Vice Chairman (or her designation of any Board member other than the Chairman) to negotiate with law firm retained pursuant to Board’s May 12 decision to hire outside counsel and solicit an invoice from that firm for any legal work performed to date in a total amount not to exceed $2,000.00 and to assist in submission of the invoice for payment with appropriate City departments,

3. Authorizatin of Board’s chairman to forward this resolution to City administration and request transmission of Corporation Counsel’s formal opinion on the propriety of City’s plans to terminate the Authority’s operating agreement with the City, to create City Department of Parking and transfer of WPPA fund balances over to City,

4. After receipt and study of Corporation Counsel’s opinion, if WPPA Board feels that opinion of outside counsel is needed, the Board will discuss with City’s Corporation Counsel regarding retention of same.

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WPCNR MAIN STREET MANEUVERS. By John F. Bailey. May 20, 2004: At the Wednesday afternoon introduction of the new sweptback design of Louis Cappelli’s “Three Crystals” Hotel & Condominium complex he proposes for 221 Main Street, he made reference to the “eyesore” of the Bar Building he is tooling his development around. In addition, Cappelli pointed out that Anthony and Frank Longhitano had, he alleged, had announced an intent four years ago to develop property of their own across from New Roc City, which Mr. Cappelli then owned, and had never done so after telling the New Rochelle City Government of their plans to develop it.

WPCNR learned of this seemingly incidental parallel “backstory” in January.  As a research aid, WPCNR photographed this Longhitano property  in January 2004, should this ever surface. WPCNR has also seen a letter from the City of New Rochelle informing Cappelli Enterprises of their decision to entertain a proposal from the Longhitanos, rather than explore Cappelli’s plans for expanding New Roc City across the street.  Mr. Cappelli expressed a desire for the Common Council to hold The Longhitanos’ to their promise to upgrade the Bar Building in a legislative manner.

LONGHITANO PROPERTY LAY UNDEVELOPED as of January 20, 2004 across the street from City Center. Bruce Berg, President of Cappelli Enterprises told WPCNR today that the point Mr. Cappelli was making was that the Longhitanos had promised the City of New Rochelle they were going to develop this property and did not. Four years later the property still looks somewhat the same. Photo by WPCNR News

LONGHITANO PROPERTY IN NEW ROCHELLE, January 20, 2004. Photo by WPCNR News

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WPCNR CITY HALL ROUNDUP. By John F. Bailey. May 19, 2004, UPDATED 11:30 P.M. E.D.T.: SuperDeveloper Louis Cappelli introduced two scale models of his 221 Main Street Cappelli Hotel & Office complex Wednesday afternoon in slenderized sweptback, reangled buildings that created approximately 100 feet of airy park space on Main Street separating the hotel complex luxuriously from the Grace Church courtyard. The models, created in two weeks, appeared to satisfy Common Council concerns about open space surrounding the project.

THE MODEL THAT COULD NOT BE DONE FOR 3 MONTHS, stands completed two weeks after the Common Council requested it. SuperDeveloper Louis Cappelli talks city view scapes as the model of the CappelliPlex wows the Common Council. A weary Bruce Berg  of Cappelli Enterprises positions the model as Mr. Cappelli walks the Council through. Tom Roach, Common Council President, left looks on Wednesday afternoon. Photo by WPCNR News

The SuperDeveloper went to great lengths to castigate the Bar Building as an “eyesore” destroying the cache of his project. He characterized the Bar Building as an “abomination” which he had to work around and tersely asked the Common Council to assure “through zoning or whatever means” that the Longhitanos (owners of the Bar Building which was recently placed on the State Register of Historic Places) recondition the front and sides of the Bar Building, (“at least take out the air conditioners”). Kenneth Finger, attorney representing the Longhitanos, told WPCNR they definitely planned to do so, and that his clients would recondition the Bar Building within the next year after the demolition process.

Longhitanos a Roadblock Before: Cappelli

Cappelli also took the time to suggest that the Longhitanos were deliberately standing in the way of his plans. He accused Frank and Anthony Longhitano dealing and killing one of his projects in the past. He said their plans to develop property across from his New Roc City project derailed a $200 Million extension of Mr. Cappelli’s New Roc City project. 

Cappelli said that  by the Longhitanos telling the New Rochelle Common Council they had plans to develop his property across the street from New Roc City, Cappelli alleged the Longhitano plans caused the New Rochelle Council to refuse to consider Mr. Cappelli’s completion of his New Rochelle project. “To this day,” Cappelli said, “that building stands empty and vacant.”

Mr. Finger, the Longhitano attorney, was asked by WPCNR why the Longhitanos appeared to have a vendetta against Mr. Cappelli.  Mr. Finger said this was a poor, irresponsible choice of words by WPCNR, and vehemently denied his clients had any vendetta against Mr. Cappelli. He said “That is absolutely not true. They just want to protect their property.”

Setback Skirmish

Mr. Cappelli revealed that the Longhitanos, owners of the Bar Building, are challenging Mr. Cappelli’s right to build up flush to the North side of the Bar Building. He was combatitive saying it is in his contract that he can do that, and said it needs to be adjudicated in court. Carl Finger, speaking to reporters afterwards said the plan his client had showed a driveway between the two buildings. Cappelli said that was the wrong plan and that the plan the deal and contract was based on was the original design which showed the hotel flush to the North Side of the Bar Building. Mr. Finger disputed this contention. Finger said it was his client’s (The Longhitanos) position that there was to be a 14 foot setback.

COULD WE GET A SMALLER ROOM? Inside a packed Mayor’s Conference Room, 26 persons, including the Common Council, with 5 more standing in the doorway, watched Mr. Cappeli showcase his 12th  redesign of the project (according to Bruce Berg). The difference this time was Mr. Cappelli having the buildings reangled to cast the least shadows, while removing the single pillar, cantilever construction previously, creating a graceful curved sidewalk fadeaway to Grace Church. Photo by WPCNR News

A VIEW TO GRACE: A Closeup of the CappelliPlex Model showing the 50 feet slideaway into Grace Church created by Mr. Cappelli’s redesign. Cappelli envisioned a sculpture garden, a copse of trees, sitting space in the area. To orient you: You are looking North along Court Street. The Bar Building is the white building on the corner. The hotel is the curved front. Grace Church upper right. The copse of trees on far left is the entrance to the Cappelli Hotel. Mr. Cappelli said he is in the final stages of negotiation with a hotel which he said would be either a Westin or a Westin Nine. Photo by WPCNR News.

THE THREE CRYSTALS: Overview of the CappelliPlex model displayed Wednesday afternoon. Mr.Cappelli said the first tower would be all condominium above his 4-story hotel. The second tower would be rental, but could be condominum depending on the market. The office tower, third in the progression, already has a “Fortune 500 tenant” lined up. Cappelli scoffed when WPCNR if that tenant began with a “T” (Donald Trump). Cappelli is expecting to build all three towers at once and complete them by June 2007. Mark Weingarten, Mr. Cappelli’s legal counsel said his client was on target for a June 7 Common Council approval. Photo by WPCNR News.

GRACE GARDENS: The hand of Louis Cappelli points out the amenities of his expanded open space created by eliminating the cantilever design of the previous hotel facade and “sweeping it back.” The Courtyward will present “activised open space”  that feature a sculpture, (red icon), a sitting wall around the sculpture, a copse of trees and steps down into a courtyard, with “a water wall,” where citizens can sit and relax. Grace Church is at top of schematic.  Photo by WPCNR News.

CITYSCAPE PANORAMA MODEL: In a dramatic conclusion to his presentation, after Susan Habel, Commissioner of Planning had presented a computerized “fly-by” of views, Mr. Cappelli presented a cityscape model showing how the 221 CappelliPlex of Hotel-Condo-OfficePlex fit in to the downtown skyline. The Cappelli 221 Project is the the left in gold. City Center is to the right (in gold). The view is looking down Mamaronack Avenue, looking North. Photo by WPCNR News

CITY PANORAMA LOOKING SOUTH: The “Three Crystals” as Kostas Condylis, the architect describes them are in foreground. Court Street lower right. The City Center is at top of your picture. City Hall is the building to the left center of the picture. Photo by WPCNR News.

THE CRYSTALS SHINE: The Developer displays a color rendering of the three glass towers. Photo by WPCNR News.

FLY BY PRESENTATION: Commissioner of Planning Susan Habel shows how Kostis Condylis, Cappelli’s architect reangled the new design from the former design. The red bulding she is pointing to indicates where the former bulk of the hotel stood. The light blue indicates how the building was turned slightly for purposes of sunlight and shadow fall so as not to cloak Main Street in shadow.  The orange building is the Bar Building. Ms. Habel proceeded to show street level views computer-generated to scale which indicated that the new buildings of the Cappelli Hotel, apartment and office complex were discreetly tucked away on virtually all street level views. Photo by WPCNR News

MALMUD ON THE AIR RIGHTS  MONEY: Councilwoman Rita Malmud asked if Mr. Cappelli had completed his $2 Million purchase of the airrights over the City Center garage which he intendes to transfer to the 221 Main Street site. Mr. Cappelli explained he was only going to pay $1 Million for the air rights because he did not need all the air space to develop 221 Main, because the Common Council had cut him back from over 1,000,050 Square feet of development to 890,000 Square feet, so he did not need all of the air space over the garage. He indicated he would pay the city just $1,000,000, (which he has paid), and perhaps consider ownership rights of the development space remaining over the City Center garage. Ms. Malmud, shocked, said she would speak to the Mayor about this matter.  In his final comment of the day to WPCNR, Mr. Cappelli said he had no interest in developing in the City of Fort Lauderdale. Photo by WPCNR News