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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. August 25, 2008: New York Supreme Court Judge Francis Nicolai  told WPCNR he did not “recollect” writing the key word “overnight” into the margin of the court order spelling out how Hockley District Leader Candidates’ attorney Jay Boyarsky was to deliver a show cause order to ten persons of Hockley District Leader challenger petitions August 4.

Judge Nicolai does not remember how the “overnight” found its way onto the court order spelling out how the Hockley attorney was to respond to the Board of Elections denial of 10 Hockley petitioners.

Nicolai, asked by WPCNR why he wrote overnight into the margin, which according to the Hockley/Garfunkel attorney  said “To my recollection I did not write (“overnight”), somebody in the administration court system must have added it,” he said. 

The “overnight” word in the margin was key in creating the situation resulting in the removal of ten supporters perhaps sympathetic to Glen Hockley from the September 9 District Leader Democratic Primary contests for district leader in White Plains.

What does Overnight Mean?

As a result of that scrawled word in the margin, the Hockley team sent their show cause papers overnight mail on August 4, with the arguments with arriving to the “respondent-objectors” on August 5. When they did arrive the attorney for the Board of Elections on  asked Judge Nicolai to dismiss the case for missing the show cause deadline.

Nicolai explained that the Hockley District Leader action had to commence on the third day following the Board of Elections denial of the 10 petitions. The petitions were denied by the Board of Elections on August 30, Judge Nicolai said, that meant Mr. Boyarsky had Thursday, July 31, Friday, August 1^st, the two days on the weekend not counting), the August 4 to produce his show cause papers.

Another interesting aspect of the Court Order shows that the original date penciled in actually reads “5^th” of August, but has been crossed out and replaced with number “4^th” and the significant “overnight” word placed in the margin, above it is initials that Mr. Boyarsky, the Hockley attorney, believes are Judge Nicolai’s.   

Mr. Boyarsky told WPCNR that Nancy, a clerk for Judge Nicolai took the court order from the eighth floor of the courthouse to the ninth floor to Judge Nicolai to sign, and when they came back the words “Overnight,” and above it were the initials he believed to be “FAN/JSC” were written in the margin.

Judge Nicolai was mystified, he asked WPCNR wasn’t it in the typed portion, when told it was not, that the “overnight” word was written, the judge said he did not recollect writing that word in.

Boyarsky told WPCNR if he had not seen the “overnight” word, he would have had the show cause paper work delivered to the 10 individuals (Objectors)protesting by hand on August 4, as he had delivered the show cause papers to the Board of Elections as instructed,  complying with the order August 4. He said it is not standard legal practice to call up the Judge and ask do you really mean “overnight.” 

“The judge tells you what to do, you don’t question it,” Boyarsky said, “This was just bizarreness.”

A costly note.

The effect, though, of the “overnight” word, was to create the impression on the part of  Mr. Hockley’s attorney, Boyarsky that the papers could be overnighted to objectors August the 4^th for arrival August 5. 

On August 5, before Judge Nicolai, the Board of Elections attorney pointed out that the Hockley show cause papers were not served on the other 10 objectors on August 4 as the court order stated.

Judge Nicolai then told Boyarsky, “I have no choice but to dismiss, even if it’s inequitable.”

Asked  why  Boyarsky did not send the papers overnight using Saturday delivery, Boyarsky said he did not think he needed to since the word overnight was in the margin with the judge’s initials, but said he did not ask the law clerk delivering the court order what exactly “overnight” meant.

The attorney Elizabeth Schollenberger (for the  challengers of the Hockley 10)  called Boyarsky at 11 P.M. the night before the argument on her dismissal motion was due (9 A.M. August 7).  Boyarsky considered this harassment on Ms. Schollenberger’s part, because he said Judge Nicolai had given Boyarsky until 9 AM on the 7^th.

“This may backfire,” Boyarksy said.  “These 10 people challenging the district leader seats might have run with not that much interest in the position, but now that they see they’ve been disenfranchised it may make them take more interest in the Democratic Party.”

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WPCNR ALBANY ROUNDS. By John F. Bailey. August 22, 2008: The Circuit Breaker Bill passed by the Assembly  Tuesday of this week, lowered the tax relief proposed originally by Assemblyperson Sandra Galef’s bill that had been the basis for the new bill the Assembly passed, and subject of an extensive analysis by WPCNR this week, showing the effects of eliminating the Middle Class STAR Rebate. The Middle Class STAR Rebate is preserved under the whirlwind rewriting of the bill. However, the tax relief has been cut substantially. WPCNR will provide an analysis of how it affects White Plains.

The new bill  was introduced for the first time in the Ways and Means Committee August 16, after WPCNR’s interview with Assemblyperson Sandra Galef, the original sponsor of bill A01575.

The new legislation cleared the Assembly Tuesday after 5 days of being given life.

Taxpayers earning below $90,000, will be eligible for a refund of only 25% of their property tax bills exceeding 5% of their income, instead of the previous 70% in Assemblyperson Galef’s original proposal. Taxpayers earning between $90,000 and $125,000, would receive a refund of 20% on property taxes exceeding 5% of their income, and taxpayers earning between $125,000 to $250,000 are cut down to 15%  of the property tax exceeding 7% ot their income–  down from the original 70%.

Renters now are included in  the tax relief, being allowed to a special tax reduction based on relationship of income and rent.

The gentry are profoundly affected by the Circuit Breaker Law the Assembly passed. Persons earning between $1 Million and $5 Million, will pay a new tax rate of 7.85% on all of their income; taxpayers with incomes above $5 Million would pay 8.6% on all income.

Signifcantly missing from the Assembly bill, Assemblyperson Galef introduced,  is the repeal of the Middle Class STAR Rebate, which Ms. Galef saw the Circuit Breaker replacing. Now the Circuit Breaker is in addition to the Middle Class STAR Rebate, though the “Assembly approved” Circuit Breaker puts significantly less of individual taxpayers’ property taxes subject to the tax refunds granted by the “Breaker.”

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WPCNR MR. & MRS. & Ms. White Plains Poll. August 21, 2008 UPDATED August 22, 2008: This week, ground was broken on a new 14-unit “affordable housing” project on Minerva Place. Since this and projects like it have been funded with contributions to the affordable housing fund made by developers who have opted to “buy out” of building actual affordable units in their projects, WPCNR wondered how the populace feels about this continued policy of subsidizing projects like this. The last two projects took some $1.1 Million in city money. The Minerva Place project will use another $1 Million. Some of the apartment units themselves  built previously approach $300,000 per unit to build, and generally pay the developer a developer’s fee, and provide the land at reduced cost.

Paul Wood, the Mayor’s Executive Officer, wrote WPCNR saying to make clear no tax payer dollars were used in these two products, that all money came from the Affordable Housing Fund, that is funded by developer contributions in lieu of building affordable units. However, tecnically it is city money to use as the council sees fit within the purposes described by the Affordable Housing Fund. 

The affordable housing is meant for so-called “workforce” housing for police, teachers, city employees, then it is thrown open to every one else.  How do Mr. and Mrs. White Plains feel about this on-going effort?  Choose from the following choices:

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WPCNR THE HOUSING NEWS. From The Mayor’s Office.  (Edited) August 20, 2008. Updated 9:36 P.M. :  Community Housing Innovations (CHI), along with White Plains Mayor Joseph Delfino, hosted the groundbreaking for the city’s latest affordable housing development—14 for-sale units called Minerva Place Condominiums.  The units are being developed, constructed and marketed by Community Housing Innovations, Inc., a White Plains-based nonprofit organization founded in 1991, with the aid of a $1,050,000 subsidy from the City of White Plains Affordable Housing fund, plus a donation of the land.

Melissa Lopez of the Mayor’s Office  clarified this figure Wednesday afternoon, reports that to date the city has given Community Housing Innovations $800,000 and at a Special Meeting of the Common Council Thursday evening, CHI will be asking the Council for $200,000 more.

Common Council and Mayor Joseph Delfino Break Ground on 14 “Affordable Units” Tuesday, to be built on 7 Minerva Place. A design of the complex appears below.  Left to right, above:  Alexander Roberts from CHI, Hon. Thomas M. Roach, Hon. Mayor Joseph M. Delfino and Hon. Rita Malmud
Photo, Courtesy, The Mayor’s Office/ 

“The Minerva Place condominiums appeal to families entering the home buyer market,” said Mayor Delfino. “In these difficult economic times, I am proud to say White Plains has options to elevate families into home ownership.  The $265,000 condos will fill a critical workforce housing need.”

Minerva Place Condominiums is praised as the most energy-efficient residence in White Plains, featuring the city’s first GeoExchange system for heating and cooling.  In fact, it is the first low-rise new construction project in Westchester County to meet all of the requirements of the New York Energy $mart Multifamily Performance Program guidelines. During the groundbreaking, drilling will begin on the first of eight wells for the GeoExchange, also known as a ground source heat pump system. Each well is 350 feet deep.

“With the Mayor’s support, we set out to show that affordable housing could be built with the option of energy efficiency,” said Alexander Roberts, Executive Director of Community Housing Innovations. “With heating oil approaching $5 a gallon, energy efficiency is no longer an option.” 

In addition to geothermal heat pumps that use the constant temperature of the earth to heat and cool the building, Minerva Place Condominiums features energy-efficient construction techniques, insulation, plumbing and lighting upgrades that are projected to save homebuyers about 30% on energy costs, compared to a typical new development.

The 14 units consist of 11 two-bedroom and three one-bedroom apartments with hardwood floors, Corian and granite countertops in the kitchen, and cultured stone countertops in the bathrooms. The project architect is Warshauer Mellusi Warshauer Architects, P.C. The modular builder is Deluxe Building Systems, Inc. The lender is TD Bank, N.A.

All of the units will be affordable to families with incomes between 80% and 100% of Westchester County’s Area Median Income, which is between $73,000 and $91,000 for a family of three. The one-bedroom units are priced from $225,000, and the two-bedroom units are priced from $265,000.  However, for families who qualify, Community Housing Innovations may provide up to $30,000 in down payment assistance from the New York State Housing Trust Fund.

White Plains will contribute donated land and about $75,000 per unit in subsidy from its Affordable Housing Fund.  The New York State Energy Research and Development Authority (NYSERDA) will provide about $55,000 to subsidize the energy-saving improvements.

Unlike most affordable developments, which are limited to families earning under 80% of the Area Median Income, Minerva Place Condominiums will appeal to families with two wage earners. Typically these families are disqualified from affordable housing opportunities. 

The City of White Plains Department of Planning is now accepting applications on a first-come, first-serve basis, and will utilize a preference system for local police, firefighters, teachers and other municipal employees.  However, all are welcome to apply for the condominiums, which will be ready for occupancy by early Spring 2009. For an application, you may call 914-422-1264.

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WPCNR ALBANY ROUNDS. By John F. Bailey. August 19, 2008: As the two chambers of the state legislature convene today, with the State Senate advocating a 4% Property Tax Cap, and the State Assembly touting a Circuit Breaker plan. The details of the two plans are sketchy. But doing some rough calculations, it shows that unless you are retired on a fixed income, the White Plains taxpayer will lose money because the Circuit Breaker bill is seen, according to its sponsors in the Assembly,  as a replacement for the Middle Class STAR REBATE

In the Galef-Little circuit breaker bill, (A01575) qualifying homeowners would receive a personal income tax credit of 70% of real property taxes paid in excess of a scaled percentage cap of their household income. Income qualification would be: (1) Downstate suburbs, including Nassau, Suffolk, Rockland, Westchester, Putnam, Orange and Dutchess Counties and New York City: less than $120,000 household adjusted gross income tax 6 percent of household income; $120,000 to $175,000 at 7 percent cap; and $175,000 to $250,000 at 8 percent cap; (2) Upstate: less than $90,000 at 6 percent cap; $90,000 to $150,000 at 7 percent cap; and $150,000 to $250,000 at 8 percent cap. Income qualification is as currently defined through the Middle-Income STAR Rebate program.