New Hope for Property Tax Sustainability? Mamaroneck Victorious in Suit, Upholding Selling Price Determines Value of the Property

Hits: 145

WPCNR WESTCHESTER LAW JOURNAL. From  McCullough, Goldberger & Staudt, Village Attorney, Town of Mamaroneck. October 2, 2013:

The Village of Mamaroneck has won a key victory in tax certiorari proceedings that challenged the real property tax assessments of property within the Village.

The property, known as Hampshire Country Club, is located within the Village of Mamaroneck and the Town of Mamaroneck, which are separate municipalities and separate assessing units

Hampshire Country Club and its successor, Hampshire Recreation LLC, challenged the Village’s 2010, 2011, and 2012 assessments and claimed the property was over-assessed based on its market value. In separate proceedings, Hampshire Recreation LLC also challenged the Town of Mamaroneck’s 2011 and 2012 assessments on the same grounds.

Joanna C. Feldman of McCullough, Goldberger & Staudt, LLP, the Village’s attorney in the case, noted the Village and Town conceded that for certain years, the property was over-assessed, but only to the extent that such equalized assessments exceeded the $12 million price at which Hampshire Country Club sold the property in 2010 to Hampshire Recreation LLC in an arms-length transaction that was not abnormal in any way.

The petitioners argued that the sales price was irrelevant and not reflective of the value of the property as a golf club.

After a bench trial before the Honorable Bruce E. Tolbert, Justice of the Supreme Court of the State of New York, during which the Village and Town were represented by separate counsel, the court on September 23, 2013 rejected the petitioners’ argument and their appraiser’s opinion that the property’s value for the years in question was, on average, $4.5 million and determined the $12 million sales price was the best evidence of value.

McCullough, Goldberger & Staudt, LLP was established in White Plains in 1984.  Its specialties include land use, environmental, municipal and construction law.

The Goldberger in McCullogh, Goldberger & Staudt is the legendary White Plains attorney, Charles Goldberger.

Posted in Uncategorized

Highlights of First City Debate at Women’s Club

Hits: 164

2013927 076

WPCNR CAMPAIGN 2013. By John F. Bailey. October 1, 2013:

White Plains met its Candidates for the city races at the Womens Club at the CV Rich Mansion last Thursday night. Fifty persons came out.

2013927 067

Mayor Tom Roach leading off said  he took over the city after the previous Mayor abdicated the position leaving a wound to the city.

He said he wanted to turn the city around and he thinks he has done that, pointing out his green initiatives of bring Zip Cars, electric car charging stations and bike lanes to the city, and installing and using an emergency notification dial out system during Hurrincane Sandy and the Code Red system.

Roach said the FASNY project bringing a school school campus to Ridgeway was not a “done deal.” He said the city was not the city he inherited, it is a better city he pointed to developments happening again, including development of the Sholz property, not mentioning what.

2013927 069

Cas Cibelli, an educator,  his Republican opponent for Mayor, said Roach is only benefitting from projects approved during the Delfino administration, just now beginning, projects Roach inherited. 

Cibelli said Roach needed to more of a communicator (with the city, with labor), which he, Cibelli  feels he has great experience doing as a New York City School Administrator.

Cibelli advocated developing the station plaza. Roach said the city had applied for a grant of $1.8 Million to study how the station plaza could be developed. He criticized the administration’s reputation that “citizens can’t get in touch with city hall.” 

2013927 070

In the Council Races, Council President Beth Smayda (above) said the city had been fiscally responsible and instituted reforms, prevented borrowing for tax refunds, and blamed city financial problems on the raising pension costs. She touted restoring the city’s Bond Rating to AA-1 with no negative outlook.

Smayda defended the city decision not to buy the Ridgeway Country Club because of a study showing it could not be run profitably for the city.

2013927 050

Councilman John Martin (Above, center) echoed Smayda’s financial responsibility tack and said his business experience in real estate and running his own business gave him an understanding to guide city through the financial crises He said it was time to redo the city comprehensive plan as one of his objectives if reelected.

Councilman John Kirkpatrick, (Above, right)  noted his long experience in environmental law, and commercial development as a lawyer, and said he wanted to continue the city’s transparency. Kirkpatrick also said that any FASNY Findings Statement the Council decides on in two weeks “had to be able to stand up in court.” 

Smayda and Martin said they are carefully reviewing  the thousands of pages of documents and 813 public comments on the FASNY issue.

Kirkpatrick said he would work for promptly drawing up a new comprehensive plan for the growth of the city, as did Mr. Martin.

To the challengers —

2013927 071

Claudia Murphy is an internationally recognized research technical photographer.  Forced to find a new career due to a disability, she is now an independent business woman who runs a pet walking business with over 500 clients. She is running on the Republican ticket with a populist theme. She said she’d walked a picket line, and spent the first part of her life in public service research.

Murphy said she was running to end one-party rule in White Plains. She opposes the FASNY project, and holds the incumbent council responsible for losing the Ridgeway open space when the city declined to buy it.

She noted that her total taxes have doubled in ten years and senior citizens in White Plains cannot afford the steady annual rate in increases in taxes. She said she did not support changing zoning in the outer neighborhoods because it sets a dangerous precedent that if the city does it for one developer, it is harder to deny similar spot zoning. She also advocated term limits.She promised if elected to be the most accountable city employee you have and announced her phone number to the audience

2013927 052

AnneMarie Encarnarcao, (Above, right) is a realtor in White Plains, running for council on the Republican ticket. She questioned the wisdom of the council when they voted not to buy the Ridgeway Country Club for $9 Million, but did decide to build the Lyons Place Garage for $17 Million.

She too made note of the doubling of taxes and would be working to hold the line on city taxes. She advocated a City version of the STAR Tax to ease the impact on persons paying increased city and school taxes each year. She suggested Payments in lieu of taxes be paid by non-profit organizations to pay for city services they take advantage of to defray the costs of providing services. Encarnarcao said she was running because “you’re (the council) not listening to us.”

In the County Legislature District 5 Race…

2013927 053

District 5 race Miriam Levitt-Flisser (Left, above) the Republican candidate, a pediatrician and former Mayor of Scarsdale, said she had dedicated her life to public service.

She advocated settling the affordable housing HUD-County controversy to recoup the Community Development Funds lost for lead paint abatement that she sees affecting children. She said she would work toward settling of the issue without draconian altering of zoning in communities targeted by the settlement with HUD.

Flisser said legislators had to put politics aside and work together.

Benjamin Boykin, (right, above),the incumbent White Plains Councilman running for the seat longtime occupant Bill Ryan is retiring from,  said he would work for quality of life in his possible term on the legislature.

 He broke from the Democrat County Executive candidate, Noam Bramson on the zoning issue.  Boykin said home rule was very important and the affordable housing solutions for affected communities should not dictate zoning. And of course, he promised to keep taxes low.

The Format:

Topics not even mentioned in the list of questions was the labor problems with the police currently in binding arbitration, and how challengers would develop the city or spur growth; how the city would pay for labor settlements in 2016 with very thrifty settlements with fire and CSEA expiring,  And, if revenues do not turn up in 2014 how would settlements be paid for,  and whether parking fees would be lowered to ease the shopping drain.

The lack of communication of the city to the people was raised briefly. No questions explored the very expensive legal spending of the city on the lawsuits brought on by the police labor union pension dispute they are fighting and  the police arbitration. Poor relations with the unions begun when the Democrat one party rule took over in 2010, and zeroed in on pension and health plan demands was not addressed.

 No questions raised the issue of the costs to the city of fighting extended FASNY-related legal actions. The city habit of “We’d rather fight than settle,” keeps local lawyers attached to the city like Pilotfish to the city’s Men in Gray Suits.

The questions were not good. The  planned questions prepared to be asked of the panel of candidates were general and did not deal with specifics, skirted the issues and sought to extract philosophies of the candidates and opinions, not specifics

The Mayor came off as he usually does, boyish, charming, cleancut, earnest… Kennedyesque! Upbeat. You know that bike lanes and greenway extentions and electric charging stations speak to the future and that the developments slowly starting now may bring us pie-in-the-sky bye and bye. Isn’t it nice to think so, as Ernest Hemingway’s hero in The Sun Also Rises said.

 Mr. Cibelli projected what a challenger always does that the incumbent did not do enough in the last 2 years when Mr.Roach was in charge.The train station makeover has been an issue for 7 seven years.

Neither candidate even discussed the route of the pie-in-the-sky bus rapid transit system, nor expressed any property tax positions– but no questions brought that future issue up. The questions did not even ask Mr. Cibelli what he would cut if he had to. The Mayor was not asked it either. This dumbfounded me. You have to ask that question.

The Women’s Club has to be more profound and succinct in asking questions about the future not about past performance. These forums seem to have as a mission to provide solace and hope to the people, and to project the incumbents as just wonderful, hard-working and thinking people rather than afflicting confident incumbents and getting challengers to think with positives rather than attack with negatives.

The council candidate incumbents each expressed the smug confidence and belief in their own earnestness and self-righteousness. As we know in the politics there is the importance of being earnest. The council candidate challengers Murphy and Encarnarcao projected a concern about the reality of the White Plains situation, offering the possibility that they would try to pay attention to city rising costs, rising taxes and be responsive to the citizens. Some of their suggestions sound very intriguing:

Encarnarcao’s suggestion of a surcharge on non-profits for city services — and a City STAR for city residents on city taxes, but whether the state would have to OK those as it does the sales tax is the question.

 

 

Posted in Uncategorized

Legal Seafood — One of Two Original “Anchors” of City Center to Close before end of year

Hits: 440

2013927 022

Legal Seafood is Leaving City Center. The restaurant is shown lower center just beyond the Renaissance Fountain in White Plains

WPCNR MAIN STREET JOURNAL. Special to WPCNR. September 30, 2013:

The manager of Legal Seafood in White Plains comfirmed to WPCNR this afternoon that the restaurant will close its doors December 22. The manager said there was no indication given by its home offices why the restaurant was closing.

Legal Seafood and Applebee’s were the two original restaurants in the City Center when it opened in 2003 as the first Cappelli Enterprises project to kickoff the short-lived White Plains Renaissance. Cappelli Enterprises no longer has an interest in the City Center

Posted in Uncategorized

NEW! THE WHITE PLAINS WEEK INTERVIEW Tonight FASNY LEADERS GUESTS: Debuts 10 P.M. on WP Community Media Channel 76 and 45

Hits: 341

WPCNR WHITE PLAINS WEEK NEWS September 29, 2013:

White Plains Week The Interview, a show  completely different and separate from the news roundup show, debuted Monday evening at 10 P.M. on White Plains Community Media on channel 45, seen all over Westchester County on FIOS, and on Cablevision/Optimum Channel 76 in White Plains. It may also be seen now on the internet at www.whiteplainsweek.com.

2013916-wpw 003

John Bailey, the Executive Producer and host of White Plains Week said: “I’m starting this program to provide an intense personal side of White Plains Week  interviewing personalities, protagonists involved in current issues, projects, and concerns that affect not only White Plains, but Westchester County, the entire Tri-State Area. I plan to have guests on talking on the record about the subjects people are talking about.”

003

Last night,  White Plains Week The Interview (A Working Title) interviewed Michael Zarin of Zarin & Steinmetz, the attorney for The French American School of New York, and John Botti, a member of the FASNY school Board of Directors discussing what lies ahead in the FASNY effort to obtain approval of the Common Council for a 7-building $80 Million campus on the former Ridgeway Country Club property, bitterly opposed by the Gedney Association.

They comment on the cost of the project, their state of financing, the attitudes of Westchester County and the city departments on North Street proposed entrances to the property and why the school feels it has met community concerns.

“The news advantage of White Plains Week The Interview is putting people in front of the all-seeing camera and asking them the questions just not being asked. I will also be having personalities on famous beyond the White Plains City limits Westchester County discussing what needs to be discussed that nobody’s discussing with the objective being the truth, justice, and the American Way.

“Guests I have interviewed in the past as part of the news roundup show the last 12 years just do not have the time to express themselves nor I have the time to get in all the questions and the news too. White Plains Week The Interview will change that. Of course, it takes courage to come on a White Plains Week interview because we know the questions to ask other reporters aren’t asking,” Bailey said.

Watch this evolving show  now on the internet.

The perennial favorite, the leader in television newstalk in Westchester County, White Plains Week will continue to telecast at 7:30 Fridays and 7 P.M. Mondays on Channels 45 and 76, and you can see it 24/7 on the internet www.whiteplainsweek.com, because you never get enough of White Plains Week.

 

Posted in Uncategorized

PHOTOGRAPHER’S HOLIDAY: DUMBO WHERE THE ART IS THE LIFE AROUND YOU

Hits: 406

WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR ROVING PHOTOGRAPHER on the Waterfront at DUMBO in Brooklyn, New York, USA. September 28, 2013:

The Downtown Under the Manhattan Bridge Arts Festival wraps up Sunday and is well worth a trip to the lively Brooklyn Bridge Park area where you can tour open studios and enjoy the brawny shoulders of the Brooklyn warehouse district.

On a perfect autumn day in the Big Town, thousands of good-natured New Yorkers from all walks of life, creeds, and countries of all ages just enjoyed the heartbeat of the greatest city in the world.

2013dumbobrooklyn 087

The Ship of Tolerance under the iconic Manhattan Bridge  created by Ilya and Emilia Kabakov of Staten Island

 

2013dumbobrooklyn 085

The Brooklyn Bridge built in 1883 wairily eyes the Freedom Tower, left.

 

2013dumbobrooklyn 099

I’ll take Manhattan! Part of the greatest skyline in the world–the tip of Manhattan with the 1883 Brooklyn Bridge in the foreground

 

2013dumbobrooklyn 090

The Iconic Manhattan Bridge, built in 1909 and it carries rail mass transit. How come the new Tappan Zee Bridge can’t use this design?

2013dumbobrooklyn 092

The Manhattan Bridge upclose and personal with the Williamsburg Bridge built in 1903, in the distance up the swift East River

 

 

2013dumbobrooklyn 095

The Empire Stores, one block of  shuttered warehouses, built in 1869 and 1885 that served the tall-masted barks bringing goods to and from the Orient. Running along 53 to 83 Water Street. The massive warehouse takes you back in time to cobblestone streets, pushcarts and the smell of coffee in the air

2013dumbobrooklyn 106

Famous Headquarters of Jehovah’s Witnesses above the Eagle Storage Warehouse built in 1893, now turned into condominiums. Architecture that still stirs the aspiration to achievement

2013dumbobrooklyn 112

Shades of Fritz Lang’s “Metropolis:” the F TRAIN THE OLD BMT MAIN LINE SIGNATURE TRAIN RUMBLES REGULARLY INTO DUMBO ACROSS THE MANHATTAN BRIDGE. THE ROAR EVERY 5 TO 7 MINUTES GIVES THE NEIGHBORHOOD A JUICE!

2013dumbobrooklyn 109

RESTAURANTS AND SHOPS ALONG COBBLESTONE STREETS WITH BRICK WALLS AND COPPER CEILINGS TAKE YOU BACK IN TIME

 

 

Posted in Uncategorized

Woman Apparently Commits Suicide Police Report

Hits: 195

WPCNR POLICE GAZETTE. From the White Plains Department of Public Safety. September 28, 2013:

Commissioner of Public Safety David Chong in a statement to WPCNR confirmed an apparent suicide in White Plains. The Commissioner’s statement:

“Yesterday, Friday September 27th. at approximately 1110AM,  White Plains 911
received numerous calls about a woman who had jumped from the roof of 171 Main
Street. Public Safety personnel arrived within seconds and found a 73 year old,
Rye woman, later identified as Suzzanne Whaling in the rear driveway of 171 Main
Street. EMS personnel transported the woman immediately to White Plains Medical
Center where unfortunately she was pronounced dead.  The investigation is being
handled and classified as a suicide by White Plains Detectives. “

Posted in Uncategorized

State Will Cover Sandy Homeowners for Damages FEMA Did Not Pay. Governor Announces Aid

Hits: 321

WPCNR ALBANY ROUNDS. From the Governor’s Office. September 28, 2013:

Governor Andrew M. Cuomo today announced that New York State’s Housing Recovery Program will fully compensate homeowners affected by Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy for the repair costs of damage to their homes due to ‘earth movement.’

Under FEMA’s existing National Flood Insurance Program (NFIP) regulations, damage caused by the movement of soil or earth – even if the movement is the result of flooding – is not eligible for coverage. In comparison, physical damage to a building caused directly by flood waters is covered under NFIP.

As a result of this gap in coverage, hundreds of impacted homeowners throughout the state have had their NFIP claims denied, leaving many with no place to live and no resources to rebuild.

“Over the last few years, we experienced three once-in-a-century storms that wreaked an unprecedented level of devastation in communities across the state,” Governor Cuomo said. “While we have made much progress in recovering from Irene, Lee and Sandy, many New Yorkers are still left without a place to call home and limited resources to rebuild due to National Flood Insurance Program regulations, which state that homes damaged by ‘earth movement’ are not covered.

“Yet it simply does not make sense that some New Yorkers who were just as hard hit by the same storms as others cannot be compensated for their losses. That is why the State is stepping up to bridge this unfair gap in insurance coverage. Under our Housing Recovery Program, homeowners will be fully compensated for all repairs of damage. We are pleased to deliver this assistance so that all New Yorkers can move forward on the path to a full recovery.”

“Many New Yorkers were hopeful that they would be covered since they had purchased flood insurance,” said Director of the Governor’s Office of Storm Recovery, Seth Diamond. “However, they were unaware of this NFIP rule regarding earth movements. As a result, these homeowners did not receive the assistance they were seeking, and many who did not have the resources to rebuild on their own are still not back in their homes. Now, these residents will be eligible to receive funding through the State’s home rebuilding program instead, and their eligible rebuilding costs will be covered.”

The State will continue to conduct outreach to homeowners to ensure that those interested can apply for assistance. In addition, the Office of Storm Recovery will provide technical assistance to the communities under the New York Rising Community Reconstruction Program to evaluate and determine if local resiliency measures could assist with limiting the impact of earth movements. For more information, call 1-855-697-7263 or visit www.stormrecovery.ny.gov.

Governor Cuomo created the Office of Storm Recovery in June 2013 to centralize recovery and rebuilding efforts in storm affected municipalities throughout the State. In close collaboration with local and community leaders in these areas, the Office is working to respond to communities’ most urgent rebuilding needs while also identifying long-term and innovative solutions to strengthen the State’s infrastructure and critical systems for the future. Storm Recovery programs include the Recreate NY Smart Home program, which provides homeowners with assistance for home repairs/rehabilitation, mitigation and elevation, and buyouts, and the Small Business program, which provides small business grants of $50,000 or more, as well as low-interest loans.

Posted in Uncategorized

IT’S FASNY WEEK ON WHITE PLAINS WEEK– SEE THE NEWS AND THEN HEAR THE FASNY LEAD ATTORNEY WORLDWIDE ON THE NET NOW

Hits: 366

BAILEY!

2013916-wpw 001

John Bailey, The CitizeNetReporter since 2000!

KATZ!

2013916-wpw 004

The Anchor for All Seasons, PETER KATZ!

BENEROFE!

2013628julianamoves 036

Jim Benerofe the Dean of the White Plains School of Journalism

 TOTAL COVERAGE OF THE COMPLETE FASNY STORY!

WHITE PLAINS WEEK WORLDWIDE!

FASNY AND THE SCHOOL BOARD

FASNY AND THE COMMON COUNCIL

FASNY AND YOU

WHERE THEY STAND  WHAT’S NEXT!

THE METRO NORTH  PUSH TO THE TRACKS

THE PHANTOM OF THE BIKE LANES

EXTENDING THE GREENWAY  EATS UP MORE GREEN

THE ESPLANADE $17 MILLION GARAGE EATS UP EVEM MORE GREEN

YOU ARE ABOUT TO ENTER THE TEXTING ZONE

THE FIRST CANDIDATES FORUM

002

AND

EXCLUSIVE ON THE INTERNET–

TWO! TWO  PLACES TO WATCH

 www.whiteplainsweek.com

www.wpcommunitymedia.org

EXCLUSIVE TAPED TODAY!

A FASNY WEEK SPECIAL

JOHN BAILEY AND JIM BENEROFE INTERVIEW

FASNY’S LEGAL STRATEGIST, MIKE ZARIN

AND BOARD MEMBER JOHN BOTTI

003

JOHN BAILEY WITH MICHAEL ZARIN, JOHN BOTTI OF THE FRENCH AMERICAN SCHOOL OF NEW YORK AND JIM BENEROFE RECORDING TODAY IN THE WHITE PLAINS TELEVISION SUBTERRANEAN STUDIOS IN DOWNTOWN WHITE PLAINS NEW YORK USA

ON THE NORTH STREET ENTRANCE TO FASNY PROPOSAL

and the looming Findings Showdown.

Posted in Uncategorized

Maya Leggat, 2010 White Plains High Graduate, 21, Identified as Woman Pushed onto Tracks

Hits: 162

3-LEGGAT

MAYA LEGGAT: WOMAN INJURED WHEN PUSHED INTO THE WAY OF A NORTHBOUND METRO NORTH TRAIN WEDNESDAY . Photo from Goodgle

WPCNR POLICE GAZETTE. From The Daily News. September 27, 2013:

The woman pushed onto the Metro North northbound train track at the White Plains Railroad Station Wednesday has survived being hit by a northbound out of service train after a homeless man identified as Howard Mickens of a White Plains homeless shelter allegedly pushed her onto the tracks after she refused to give him money, according to The Daily News.

Reporter Tracy Robbins reports Maya Leggat, 21, a graduate of White Plains High School is in Westchester County Medical Center, suffering from severed fingers and a mangled leg. Mickens was arraigned in City Court Thursday and charged with attempted murder. He returns to court October 25.

Posted in Uncategorized