WP Girls Win 3rd Straight Title. Aguirre, Adams, Flooks, McGuire Team Victory.

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WPCNR COURTSIDE. March 5, 2007 UPDATED WITH PIX COMMENTARY: Angelei Aguirre and Lauren McGuire took over the backboards in the third quarter, getting the ball for Kim Adams and Liz Flooks consistently on both ends of the court to take the Section I Girls Title game away from Mount Vernon, 66-56, winning White Plains their third consecutive Section I Class AA Championship at the County Center. Kim Adams scored 8 of the Tigers first 13 points, and Liz Flooks the other 5 to get the Tiger winning rally started.


 



How Sweet it is! The Team — Winners of Three Sectional Titles in a Row Hoisting the Golden Ball High. Photos, WPCNR Sports


In the Opener of the Championship Sectional Doubleheader, the Mount Vernon Knights outdefensed and outrebounded  the White Plains boys in the third quarter, holding the Tigers to 6 points in the stanza, and holding the Tigers at bay, 64-49. Two key steals by MVP Mike Coburn midway in the third quarter put the game out of reach for good as the Tigers could not hit, were forced into many errors, and when they had open shots they did not drop. 



The Mount Vernon Knights boxed out and dominated the paint throughout the opening Championship game to take the Boys Section 1 Class AA Title from the White Plains boys team. Sean Kilpatrick picked up two fouls in the first quarter, sitting the second quarter, however it was Mount Vernon’s tenacious defense and ability to penetrate with lightning quick passes that took over the game in the third quarter.  The Tigers played the rangy quick Knights even in the first half, but the Knights’ swarming  disrupted the Tigers into turnover madness in the third quarter outscoring them 17-6.


The White Plains girls move on playing Carlton-Endicott Tuesday evening at 6 at the Center as they roll into the state championship round. The Mount Vernon Knights play Binghamton Tuesday afternoon at 4.


The White Plains girls did not hit their shots in the first half and found themselves tied at 25 apiece


Lauren McGuire cleared the boards in the opening possession getting the ball to Kim Adams for a long three-pointer  within the first 30 seconds of the third quarter set the tone. Adams stole the ball for an easy layup to make it 30-25 within the first minute.



TIGERSEYE! Liz Flooks far left has just swished a one-hander from the side of the key to lengthen the lead in the Tigers signature third quarter.


After Flooks one-hander made it 32-20 scored and Adams again dropped one in from the top of the key for a 34-29 lead. Flooks popped in a rebound and Adams another basket for a 38-30 lead before Aguirre and Spreewell caught fire and took the game under control.


 



Angelei Aguirre (24) putting up a bound to make the score 40-34, White Plains with 2:18 to go in the third quarter, one of two key buckets Aguirre hit to move White Plains out to a 44-34 lead breaking open the contest. After Aguirre hit this key bound, she hit another one-hander after Page Spreewell stole the ball from Vernon’s Candiese Williams and fed Angelei down court.. Aguirre hit another key shot with 55 seconds to make it 44-34. Spreewell off another steal, nailed a wide open 20 footer off the top of the left key to give the tigers a 46-34 lead with 24 seconds to go in the third quarter and that was all folks. Photo by WPCNR SPorts.



In your face defense: Page Spreewell in white far left comes out in the face of a Knights shooter while the trio of Tigers: Aguirre, Adams and we think Bree Bradley keep the Knights out of the paint. The Knights were forced into wild shots while the Tiger bounders got the ball to Adams and Flooks in a hurry down court for fast buckets in the last four minutes of the third quarter.


After three quarters the Tigers had the game in hand with a 46-34 lead. Within the first minute of the 4th stanza Adams swooped in for a layup to make it 48-34, and Liz Flooks feathered in a one-hander for a 50-36, and Adams drilled another one hander for a 52-36 margin with 5 and change to go. It was all over. 



White Plains Girls Basketball Team poses with the big Gold Ball: The Section I Class AA Champions 2007


The Third Quarter was not a happy experience for the White Plains boys. After trailing 28-26 at the half, the Tigers came out and the Knights stepped up their defense to another level. The Knights and Tigers traded defense tour de forces in the first half playing one of the most tenacious defensive halves I have seen. That Sean Kilpatrick was on the bench in the second quarter due to two quick fouls in the first quarter — one a charge — and there were at least 8 charging fouls called in the first three quarters — very unusual — gave the Tigers hope that they could come out and start hitting some shots.  Didn’t happen. The Knights disrupted Tiger passing lanes stole the ball and sliced and diced the Tiger zone deftly. It didn’t start out that way.


Coburn Takes out the Tigers.


The Tigers on a Kilpatrick steal tied the game at 28 at the 7 minute mark of the third and Rishawn Johnson tied it again on a big bound with 6-30 to go at 30. When Jamell Cromartie’s long one-hander tied it at 32-32 — there was Tiger hope for a takeover. Instead, Mike Coburn of Mount Vernon took over. His layup made it 34-32. White Plains took it down after a charge call, only to have Coburn steal the ball one-on-one and go in for a coast-to-coaster to put Mount Vernon up 36-32 at 4:43. This was a huge play.


And as the Tigers came down, he did it again, swooping in to extend the Knight leadt to 38-32 with 4 and change to go.On the next sequence the Tigers underneath had three rebounds they could not knock down. Vernon’s Sherrod Wright came down and scored to extend the lead to 40-32 at 2:30; and it was Coburn again for a 10-point lead at 1:49, off a Tiger errant pass. The dagger in the heart was a 3 point bomb by  Kevin Jones at the close of the 3rd, making the score 45-32 after three stanzas.


 



Combustible Kim Adams  (21 Points) holding her Most Valuable Player Plaque


 



Angelei Aguirre(17 points, 10 Bounds)  left, and Liz Flooks (15 Points), right try on their Section Champions T-Shirts.


 


Tiger Paws:  Kim Adams was named Most Valuable Player in the Girls Section I Class AA Division… Kim Adams scored 21 points and  Liz Flooks 15  with Angelei Aguirre delivering 17 ppoints and 10 huge rebounds — almost all of them key– and Page Sprewell delivered 9 points and 6 rebounds.  The Tigers could not hit in the first half and wound up with a 44% Shooting Percentage. However, so harassing was the Tiger defense that Mount Vernon only shot 36% for the game…


The White Plains Boys similarly were held to 43% shooting by the Vernon boys who, with a high percentage of inside shots (they were in the paint consistently) fired a blistering 55%. Though the official statistics do not show it, with turnovers being even,  the Tigers were forced into a lot of uncharacteristic turnovers when the game was on the line in the third quarter.



The crowd waited in freezing temperatures at 10 AM to get into this one.



The Scene at Gametime of the Section I Class AA Championshipo Doubleheader. The County announced yesterday it was planning to construct a larger lower deck adding 1,100 seats.

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Pinnacle Tied Up in Legal

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WPCNR DEVELOPERS DAILY. March 4, 2007: Super Developer Louis Cappelli’s report that the Pinnacle condominium project planned for Main Street in White Plains made before the Commoun Council two weeks ago gained credibility this week with the news that Ridgemour Meyer Properties, ertswhile partner with Ginsburg Development Corporation in the Pinnacle project was suing Ginsburg Development for millions.


Mr. Cappelli appeared before the White Plains Common Council February 22, announcing that he planned to build 23 apartments on a vacant floor of the City Center Garage. The move, Cappelli said, was to give him a way to fulfill his obligation to provide 23 affordable housing units as part of his Ritz-Carlton hotel and condominium project, as a condition of his obtaining a Certificate of Occupancy for the Ritz complex. Cappelli said he would offer the apartments at market rate if the Pinnacle project was built, providing his affordable housing quota but if The Pinnacle did not happen, that he might convert the City Center Garage apartments into affordable units to fulfill his affordable housing obligation.


Cappelli announced at that time that there was a possibility that the Pinnacle would not be built anytime soon and that he had to protect his Ritz-Carlton investment by providing the affordable housing as part of that deal. Cappelli also announced then that he had not officially sold the stores along Main Street where the affordable housing was going to be built.


WPCNR is attempting to develop details on the Ridgemour Meyer Properties-Ginsburg suit.

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Letterman’s Announcer, Jets Great Headline Volunteer Breakfast.

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WPCNR GOOD NEWS. March 4, 2007:     Alan Kalter, since 1995 the “voice” of The Late Show with David Letterman, and Ken Schroy, a nine-year defensive back with the New York Jets, have joined The Volunteer Center’s 27th annual Volunteer Spirit Awards celebration breakfast to be held at Doral Arrowwood on Friday morning, April 27.

Kalter will host the program as master of ceremonies and Schroy will present the 2007 President’s Award to former Jets defensive tackle Marty Lyons.  Seven other individual and group awards, voted on by an independent panel of judges, also will be presented to outstanding volunteers from Westchester and Putnam counties.



            Kalter, who has acquired the nicknames of “Big Red” and “TV’s Uncle Jerry,” is Letterman’s announcer and also performs in comedy segments and skits.  Over the years he has done hundreds of voiceovers for national radio and television commercials and has been the announcer on numerous game shows, including To Tell the Truth, The $10,000 Pyramid, The Money Maze and The $128,000 Question. He also is remembered as the voice of the Michelin Man, and more recently as “Mega Man” for the New York State Lottery.



            Schroy, a high school All-American from Quakertown, Pa., and a defensive back at the University of Maryland, starred with the Jets from 1976 through 1985.  His tackle of Miami receiver Nat Moore in the 1982 AFC championship game remains part of the NFL’s highlight films of “the greatest hits of all time.”  He has been a volunteer officer, now vice chairman, of the Marty Lyons Foundation since its inception in 1982.  He also serves on the board of Miracle League, a Westchester organization dedicated to providing baseball activity for disabled youth.



            The Spirit Awards Celebration features a full, served breakfast starting at 8:00 am on April 27th.  Tables of 10 are $450; individual tickets are $50, and may be obtained by calling The Volunteer Center at (914) 227=9303.


      The Volunteer Center, in a strategic alliance with United Way, has connected people with opportunities to serve in Westchester and Putnam since 1949.  It engages more than 4000 volunteers at over 600 not-for-profit agencies annually.  Through a variety of programs and services, the Center encourages people from all walks of life to volunteer and help deliver solutions that address community needs.

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White Plains Developer Building Cluster Housing in Vermont. Resort in Costa Rica

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WPCNR DEVELOPER DAILY. Special to WPCNR from Ray Shields, Bennington Vermont. March 3, 2007:  The local White Plains developer Frank Cantatore is  branching out. He is reported developing the abandoned Green Mountain Racetrack in Pownal, Vermont, according to news reports appearing in the Bennington Banner this week. The Banner reports Mr. Cantatore, arguably the first developer to jumpstart the White Plains Renaissance, building the 260-unit Clayton Park. Cantatore built Clayton Park for $40 Million and sold it for $78 Million.  He is partnering with Progress Partners to develop the 144-acre site where the old racetrack grandstand still stands.


The Banner notes Mr. Cantatore is a developer with the “wherewithal” to make the long vacant racetrack site work. The paper reports the project is expected to be built over eight years in village-style cluster housing on a progressive basis using prefabricated units  that possibly will be manufactured on the racetrack site. The Banner writes that Mr. Cantatore is a proven developer, pointing out he is developing a 1,700 acre resort in Tambor, Costa Rica.


The stories may be found at http://www.benningtonbanner.com/headlines/ci_5337951?source=email

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Feiner Announces Meeting March 22 on Greenburgh Flood Planning

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WPCNR THE FEINER REPORT. By Greenburgh Town Supervisor Paul Feiner. March 2, 2007: There are a number of neighborhoods around town that are experiencing flooding conditions today. Earlier this week I scheduled a meeting with Peter Feroe, an assistant with Congresswoman Lowey. A meeting will be held on March 22nd at 3 PM at Greenburgh Town hall with Mr. Feroe to discuss the flooding problems and to help us develop an action plan to try to address this problem. County, state representatives will also be invited to participate in the meeting.

Among neighborhoods that have experienced flooding are homes near the Bronx River. The flooding problem is a difficult problem to solve and will require cooperation at the federal, state, county and local levels. Millions will have to be spent – funding will have to come from different government entities.


A few years ago the town was successful in obtaining federal funds to place some homes on Babbitt Court on stilts. During my tenure as a County Legislator I worked with former Congressman Gilman’s office on a flood control initiative in Ardsley that was funded. I’m hopeful that if we all work together we can develop short term and long term plans to address this problem.


If you are experiencing flooding conditions – please e mail me at pfeiner@greenburghny.com. I will keep you informed of progress being made and future meetings.


 


JOIN THE DISCUSSION…EXPRESS YOUR THOUGHTS…VISIT PAUL FEINER’S BLOG: WWW.PFEINER.BLOGSPOT.COM

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District Authorizes Payment of Travelers Settlement.

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WPCNR SCHOOL DAYS. March 2, 2007: The Board of Education authorized payment last night of the $2.8 Million settlement agreed upon after Judge Charles Brieant denied the district counsel’s motion to reargue their contractual dispute February 16. 


In a new development, the Journal News reports Assistant Superintendent for Business Fred Seiler as saying that the tax rate increase may increase to 7.9%, instead of the 7.67% that Superintendent of Schools Timothy Connors had reported to WPCNR earlier this week.


The new 7.9% figure portends the overall tax increase the district may face as the budget stands now (before the district final cut or cuts and revenue calculations)  is 9.9% because the school district assessables have declined 2% according to the new 2007 City Tax Roll made public Thursday. (See related story on the Tax Roll). Should the district be forced to run a 9% or more tax levy increase in 2007-2008, it would be the third consecutive tax increase of 9% or more levied on the White Plains property owner. 


 The Gannett daily also reports Board President Michele Trataros, as saying no decision had been made to appeal the case, though the Superintendent advised WPCNR earlier this week, that he believed “this case is over.”


Failure to pay the Travelers Casualty and Surety Company at the close of the construction project, and then seeking greivances with the court cost the district approximately $800,000 in interest charges, plus an undisclosed amount of legal feels.

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Council Ready to Vote on North Street Community Rezone Monday.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. Special to WPCNR. March 2, 2007: At the Special Meeting of the Common Council last night, Councilpersons Rita Malmud, Benjamin Boykin and Glen Hockley, Arnold Bernstein and the Mayor appeared ready to make a decision on the Senior Residential Zone proposed to enable the North Street Community developer to build 332 senior condominiums on the former St. Agnes property, according to WPCNR’s correspondent. That vote appears to be imminent Monday evening after the hearing on the North Street Community requested zoning is reopened.


Councilman Benjamin Boykin said he felt that any assisted living units, when sold should remain assisted living units in perpetuity. Ms. Malmud, who it turns out, was the official who called the Special Meeting, appeared to have all her questions answered about the legislation creating the Senior Citizen Residental Zone being established. Commissioner of Planning Susan Habel advised those present that she would have a presentation Monday evening at the regularly scheduled Common Council meeting detailing why the proposal was not spot zoning.


Our correspondent advises that sometime tomorrow, the revised plan for North Street Community will be posted on the City of White Plains website. The number of units scheduled to be built remains the same at this time, our correspondent reports.


 

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Eliot Spitzer’s Albany: 60 Day Progress Report

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WPCNR’S ELIOT SPITZER’S ALBANY By Governor Eliot Spitzer. March 2, 2007: The positive change that we sought during the campaign is beginning to percolate in Albany. Just yesterday, we announced fundamental reforms to our state’s workers’ compensation system. This comprehensive and balanced agreement will raise benefits for injured employees while significantly reducing the costs to businesses over time–and will clear one of the biggest obstacles to economic growth upstate. Developed in cooperation with both business and labor leaders, this is a landmark achievement that demonstrates what is possible when narrow self-interest is put aside and the best interests of New Yorkers as a whole are put first.

And over the past weeks, we have seen ethics and budget reform embraced after seemingly insurmountable opposition.  These successes are important to remember in the coming weeks as the budget process continues.



I have been traveling across New York State to bring my proposed budget directly to the people and explain how they stand to benefit from its reforms. As you know, passing this budget is critical, because it finally breaks a long cycle of insider deals and special favors in the State Capitol. This budget is designed to address the priorities and needs of real New Yorkers, rather than line the pockets of entrenched special interests.



Not surprisingly, those very same special interests are determined to stop the budget in its tracks–and they are spending $15 million of insider money to do so. Through a lavishly funded advertising campaign, they, too, have gone directly to the people.



If they succeed, New Yorkers will remain stuck with a broken and inefficient system that puts the well-being of institutions before the well-being of individual citizens. This system epitomizes the wasteful spending and lack of accountability that have been hallmarks of Albany culture for far too long. It is a system that we can no longer afford, and this budget is our best opportunity to fix it once and for all.



Today, we went on air with a television ad to ensure that the public hears the truth. By being supportive now, you will help keep this message on the air.



This is your chance to take a stand–to insist that Albany clean up its act and do what is right. It is an investment in a sound future for our state. As we demonstrated yesterday, when we make the needs of New Yorkers our top priority, we can achieve great things.

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City Assessments Decline 5th Year in Row. Roll Down $6M.

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WPCNR QUILL & EYESHADE. By John F. Bailey. March 1, 2007: The City Assessment Roll for 2007 was released this morning by the Acting City Assessor, Lloyd Tasch. The Roll has declined $6.2 Million ( 2% ) from the 2006 figures ($296,154, 564) to $289,902,411. It is the fifth consecutive year the city tax assessnent roll has eroded, despite growth in real market value of all real estate. Impact on the city budget is not as significant as it impacts the school district.


 



Ta Da! The City Tax Roll 2007. Photo, WPCNR News


 


The average White Plains homeowner of a home market-valued at $700,000 would pay an additional $208 in taxes on top of the approximate $6,500 they paid this year. Add city taxes to that and you are approaching $10,000 a year in city and school taxes. School Tax impact will be clearer when the ABC Committee meets Tuesday, March 6, when the district presents the revenue picture.





The impact on the city taxes is too early to tell, according to Paul Wood, City Executive Officer. He said that it could mean a tax increase unless the decline in revenue was matched by what he called “additional revenues.”  More than ever the $16.5 Million in revenue anticipated by the city from a “done” deal with LCOR  — not yet approved by the Common Council – is looking very attractive to shore up the city 2007-2008 budget.  


 


A principal of LCOR was reported by the Westchester County Business Journal  this week to have confirmed to reporter Alex Philippidis that LCOR is going to build additional rental housing on the Bank Street Commuter Parking Lot.


 


Flat 2% Increase Possible


Losing Surplus to Travelers Settlement Hurts.  


 


Fred Seiler, Assistant Superintendent for Business of the White Plains City School District said the $6.3 Million decline in assessments could mean a flat 2% increase in the school tax levy, (currently projected as 7.67%), bringing the school tax levy up to just shy of 10% (9.67%), barring additional school budget cuts.  


 


The settlement of the Travelers Casualty and Surety Company law suit for $2.8 Million included in this year’s budget, (scheduled to be approved tonight) has taken away the expected 2007-2008 surplus, complicating the school budget financial picture which up until Monday evening had been counting on the surplus.


 


 



The 2006 Tax Roll. Showing decline from the 2007 Tax Roll Above.


Photo, WPCNR News


 


 


Our PILOTS ARE MISSING


 


Seiler said the school district had not received the income projection for city PILOTS yet from the city, which, he said may offset the real income loss from the assessments.  Last year increases in school PILOT revenue amounting to approximately $1.5 Million were created by taxing variable PILOTS at the  new current tax rate. If the city chose to increase PILOT payments this year, (the figure has not been made clear to the district yet, Seiler said) the loss of $6.3 in assessments may also be softened.


 


The City tax rate is $132.64  per $1,000 of assessed valuation. The $6.2 Million decline in assessments means the city in order to maintain the $39.3 Million tax levy this year must increase the 2007-2008 City Tax Rate from $132.64 to $135.50 in addition to any other budget increases the city foresees.


 


School Tax Impact


 


With the school tax, the impact is more.  The School Tax Levy in 2006-2007 is  $113,374,179. After computing the STAR exemption, (reducing the total school district assessables to $249,233,054), the district must increase the tax rate of $443.77 per $1,000  $12 of assessed valuation to $454.89 per thousand dollars of accessed valuation.


 


This results in a tax increase to the average $700,000 White Plains homeowner of  $208.50 before the budget even pays for the $8.7 Million budget increase contemplated as of last  Monday.


 


To recoup the $8.7 Million budget increase for 2007-2008 ($174.5M over $165.8 Million this year) , the district will need to increase the tax rate more depending on other revenues. School Aid is up slightly, and depending on the PILOTS and further budget cuts, the increase in the levy may be softened below the 10% level.


 


On the present preliminary school budget, the district is projecting a 5.1% budget increase, but  have not projected revenues yet, because they have been waiting on the 2007 Tax Roll.


 


 


City Assessments Plunge Fifth Year in Row,


$15 Million in three years.


 


Based  on tables in the White Plains City Budget, in the last five years the City Tax Roll has declined $28.7 Million, $6.3 Million in each of the last two years.


 


It is down from $304,681,000 in 2004-2005  to $289,902,411 as of March 1, 2007 – that is $14,778,589 in assessed value in three years, and $28.9 Million down in 4 years.


 


This erosion in assessments has benefited commercial property owners at the expense of residential owners.


 


 In 1998 when the Delfino Administration came into office, the total assessed valuation in the city was $323,734,626 and in nine years it has sunk to $289,902,411. From 2000 to 2003 it floated steady but since 2003 it has plunged from $318,804,180 to today’s $289,902,411 level.


 


The Assessment Erosion Kills the Homeowner.


 


Assessed value of residential property has risen slightly from $163,208,111 in 1998 to $168,194,563 in 2006. Meanwhile, commercial assessed valuation has tanked, plunging from $174,108,743 in 1998 to a low of $134,061,636 in 2006 placing the burden of paying for the running of the city on the homeowner.  


 


Going back to 1990, residential dwellings were assessed at $163.2 Million going up only $5 Million in sixteen years – reflective of how happy White Plainsians are living in White Plains. They do not move out. But they are paying dearly to stay here.


 


However, the devaluation of commercial property in White Plains dates back to 1990 when commercial property then was assessed at $271,559,823 making the decline over sixteen years more dramatic – from $271 Million commercial assessables in 1990 to $134,061,636 in 2006 – a decline of  roughly 50%.


 


Commercial property owners are reaping the benefits.


 


The Delfino Dollar Years


 


Meanwhile market value of all property in White Plains has hit a staggering $8.5 Billion as of last year – up $4.4 Billion since Joseph Delfino took office in 1998, virtually doubling.


 


In 1990, total market value of property in White Plains was 3.1 Billion, increasing $1 Billion over eight years.

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Budget Surplus; WPHS Leftover Money to pay $2.8M Settlement. Lifts Tax 1.5%

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WPCNR SCHOOL DAYS. By John F. Bailey. February 28, 2007 UPDATED 1:01 PM EST. UPDATED 1:44 PM EST WITH BOARD OF EDUCATION AGENDA: The City School District has just issued the agenda for Thursday evening’s meeting, confirming that they will approve settlement of the Travelers Casualty suit Thursday evening, making the $2.8 Million payment March 2.


 


The $2.8 Million settlement the School District agreed to after losing their suit with Travelers Casualty and Surety Company, raises the anticipated tax levy on the 2007-2008 school budget to a projected 7.97%, not 9.67% as first believed. This misconception occurred because it was not made clear to the Board of Education or the media in attendance Monday evening in discussions of the budget that the projected tax levy of 7.97% included the cost of the Travelers Casualty settlement.


 


In that budget discussion, one member of the Board even referred to the possibility of paying the settlement as more reason to cut more costs. To date the cost of the settlement or the existence of the suit  has not been acknowledged publicly by the school district in any meetings open to the public that this reporter has attended. 


 


 Superintendent of Schools Timothy Connors, speaking to WPCNR this afternoon said, “I believe this case is over,” indicating by inference, it would not be appealed.


 


Connors also said the Board of Education would meet Thursday night to authorize payment of the settlement. Connors said the cost of the settlement is included in the present projected tax levy of 7.97%. As far as other contractors being owed money that was denied in Judge Charles Brieant’s decision, Connors statement “I believe this case is over,” was how he answered that query.


 


The $2.8 Million is the maximum amount of money the district will have to pay to end finally the tortured 1999-2003 high school renovation project.





Two thirds of the settlement ($2 Million) will be paid with the surplus, resulting in an additional 1.5% increase in taxes said by the Superintendent to be included in the 7.97% increase currently projected by the district, (barring further cuts by the district).


 


The other $800,000 will come out of be paid out of available funds leftover from the high school project. The School District business office also reports preliminary indications from the City Assessor Office indicate the city Tax Roll is down from last year, which will further escalate the tax levy. Two months ago the tax roll was down approximately $2 Million, according to City of White Plains up-to-date Assessment roll at the time.


 


(Mr. Connors said the district would not know until tomorrow what the final Assessment Roll total would be. )


 


According to Assistant Superintendent for Business of the School District, Fred Seiler, the $2.8 Million will be paid from the $800,000 left in the high school renovation project fund, and the $2,005,000 surplus in this year’s school budget. It is interesting to note that in budget discussion Monday, the surplus appeared to be being counted as an asset for the 2007-2008 budget, because it was not made clear by Seiler that the surplus would not exist to augment 2007-2008 revenue. The surplus was put up in a chart indicating 2006-2007 as having a surplus of $2,008,000, with no mention that the school district was going to pay this out to pay their bill to Travelers Casulty and Surety Company.


 


Seiler said the surplus was accumulated through savings the district was able to make during the year, and is usually dedicated to soften the impact of the next year’s budget. It will soon be gone. Seiler said the surplus would be used to pay the settlement.


 


Judge Brieant, in his decision, denied White Plains claims for $7 Million in damages from Travelers, which would have been paid to two other contractors,


 


Seiler reports that to his knowledge the other contractors had agreed to abide by the results of the suit and not to demand payment in the event the damages were not awarded.


 


F. A Burchetta, the electrical contractor was owed $2,015,966.31, and Richards Conditioning was owed $2,015,966.31, according to the court papers, which was included in the $7,295,564.31 in damages sought by White Plains from Travelers, which Judge Brieant denied.


 


Asked if the district would owe any more as a result of losing the suit, in the decision handed down by Judge Charles Brieant of the United States District Court Southern Division January 25, Seiler said he believed Burchetta and Richards, and the architect on the high school project, Kaeyer, Garment & Davidson (currently the architects on the just begun $69.6 Million Capital Project, including new football stadia, a new Post Road School, a renovated Mamaroneck Avenue School, and infrastructure improvements) had agreed to eat the loss if White Plains lost the suit.


 


Judge Charles Brieant based his decision on the Kaeyer Garment  & Davidson role in the high school project, writing in his decision of January 25: The existence of the Architect’s October 9, 2002 agreement to support Defendant in any legal action or claim including this case, and its contingent fee interest in the outcome of this litigation bears heavily on the credibility of the Architect, and is certainly relevant circumstantial evidence of an incentive or possible bias in favor Defendant as early as October 2002, and of a constructive fraud in declining to earlier issue a certificate of substantial completion.


 


 


WPCNR attempted to confirm that the district had finally put the project to bed  ($2 Million over the $28 Million budget) and would not owe any more money yesterday with the Superintendent’s office, and await his call. The Superintendent indicates by his statement “I believe this case is over,” that there will be no more multi-million dollar surprises. 


 


Mr. Connors confirmed that the Board of Education would meet Thursday evening to authorize the settlement.  


 


The agenda just released to WPCNR reads:


 


SPECIAL BOARD OF EDUCATION MEETING


March 1, 2007


 


 


Education House


7:30 P.M.


 


 


AGENDA


 


 


       I.      Opening of Meeting:


 


Pledge of Allegiance


Oral announcements by the Board President, Board Members


 


 


   II.      Communications:


 


 


III.      Public Participation: (The Board will entertain comments from the public on any issue, with a time limit of three minutes per person, and a maximum total of 25 minutes.)


 


 


 IV.      Superintendent’s Report:


 


 


     V.      Summary Action Items:


 


 


 VI.      Other Action:


 


1.  Recommended approval of budget amendment to provide sufficient funds to the Judgment and Claims Expense in the General Fund.


 


2.  Recommended approval to pay on March 2, 2007 the judgment to Traveler’s Casualty and Surety Company as determined by the Court.


 


 

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