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

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WPCNR POLICE GAZETTE. By John F. Bailey. May 23, 2006: Police today charged one person with possession of a weapon, as a result of their investigation of Monday’s shooting-murder of Kevin Chambliss, 30, on Ferris Avenue, and the police are presently conducting ballistic tests on that weapon, White Plains Police Chief James Bradley reported today.

Chief James Bradley speaking to WPCNR moments ago provided the latest police findings in their investigation of the Monday afternoon shooting-murder on Ferris Avenue:

“As of 3:46 PM Monday, shots had been fired in the area of 73 Ferris Avenue. We got up there, we found the victim, Kevin Chambliss, 30. He was provided emergency care on the scene, taken directly to Westchester Medical Center. He unfortunately passed away at about 10 of 6. Based on some information we developed early in the investigation, we identified a car, a person that we wished to speak to. That person was stopped on the Bronx River Parkway (by Westchester County Police and Yonkers Police at Scarsdale Road), and brought back here to headquarters. He has not been charged in connection with the shooting, however he was charged with possession of a weapon. We have since continued the investigation. We are developing other leads. There are other people, witnesses we’ve been interviewing today, and this is ongoing as we speak.”

WPCNR asked based on a televised interview cablecast last night in which a person interviewed gave the opinion the killing was a “Crip-Bloods” thing, if the police felt the killing was gang-related. Chief Bradley said, “We have no information that says that.”

WPCNR asked Bradley if  Mr. Chambliss, the victim,  had gang markings on his body. Chief Bradley said he did not.

Asked if a person taken into custody late this afternoon was related Bradley said, “We have taken another person to headquarters about an hour ago who is a person we want to speak to about this, and no charges have been filed on that one at all yet.”

Bradley confirmed the police brought a search dog in, related to the second person being questioned, but would not reveal why the search dog was brought in. “I can’t do that right now. The investigation is still going on full speed as we speak.”

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WPCNR SCHOOL DAYS. By John F. Bailey May 22, 2006: New York State Comptroller Alan G. Hevesi today accused 17 Schools, described as an auditor-selected “representative sampling” of schools across the state of deliberately repressing violent incidents in their reports to the State Education Department.

Specifically, Hevesi’s news release states White Plains High School reporting on 2003-2004 incidents, repressed 289 incidents the comptroller’s office reports should have been included in the White Plains report to the New York State Education Department, “ncluding 35 assaults with physical injury, 23 incidents of intimidation, harassament, menacing or bullying, one sexual offense and 181 distruptive incidents.”

The release ranks White Plains 3rd highest in repression rates of the 17 schools, allegedly repressing 92.9% of incidents. White Plains reported 22 violent incidents, had 311 documented in school records, and did not report 289 according to what Hevesi’s study says should have been reported according to State Education Department Guidelines. Hevesi’s news release makes a point that the SED needed to make clearer the types and character of incidents that the schools need to report.

The Comptroller’s Press Officer, Dan Weiller, told WPCNR that the Comptroller auditor examining White Plains High School records did not work with the police in analyzing the incident reports the school provided. (White Plains has a Police Officer assigned to White Plains High School, who could have perhaps supplied insight into how violent incidents are handled by the school.) Weiller said the auditors were very experienced at analyzing incident reports, but did not say what that experience was. Asked why the state singled out White Plains High School, Ardsley High School in Westchester, he said they (the 17 schools statewide)  were selected based on auditor criteria upon population, racial mix, and other factors.  Weiller also noted to WPCNR that the auditors did not consult police in analyzing any of the records of any of the seventeen schools

Superintendent of Schools Timothy Connors explained the White Plains alleged discrepency. He told WPCNR, the school district reported only those incidents resulting in a Superintendent’s hearing. He said he thought that was what the State Education Department wanted. He said the district reported every serious incident to the police.

WPCNR contacted the New York State Department of Education Press Office to ascertain what the guidelines were. The Press Officer taking the call did not know if only incidents resulting in “hearings” as Connors said, were the criteria for the report. Connors, being told this said, most of the violations not reported were what Connors described as “violations of the code of conduct.”

The State Education Department issued a news release reacting to the Comptroller News Release by detailing the steps the SED was taking to make clear what the SED wanted schools to report to determine which state schools are on the “dangerous schools list.” The list of “dangerous schools” is not available on the State Education Department website.  The press officer said they would call WPCNR back.

In 2002-2003, the State Education Department reports White Plains School District had  223 violent or disruptive incidents, and according to today’s report, the 2003-2004 school year showed 311 violent or disruptive incidents. Superintendent Timothy Connors told WPCNR he would be forwarding the incident figures for the 2004-2005 and 2005-2006 school years to date tomorrow.

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WPCNR Legacies of White Plains. May 22, 2006 Supplemented 4:47 P.M. E.D.T. Supplemented 11:27 P.M. E.D.T.: Frank McMahon has died.  Mayor Joseph Delfino of White Plains in being notified of Mr. McMahon’s death observed, “The passing of Frank McMahon is a true loss to the City of White Plains. Whether it was through his community service, his work at McMahon, Lyon & Hartnett Funeral Home, or his years of public service as a Councilman, Frank will always be remembered as man who cared about our community. He will be missed by those that had the honor of calling him a friend. I have asked that the flag at City Hall be flown at half mast for the remainder of the week in honor of Frank McMahon’s passing.”

Mr. McMahon, a lifelong resident of White Plains who lived for years  on Mamaroneck Avenue just south of Rose Cleaners, a graduate of White Plains High School in 1933, a member of the football team, and the hockey team, member of the High school Hall of Fame,  founded the funeral home to the White Plains community, Tracy-McMahon in 1942, which grew into the McMahon, Lyon & Hartnett Funeral Home of today.

Mr. McMahon died Sunday evening at his home. He was 91 years of age. Characterized by his grand-daughter as a man who loved White Plains, she recalled how he and Mike Savarella, of the old Burk & McGowan Hardware Store would drive around White Plains evenings and take down numbers of street lights that were out and phone them in to City Hall the next day.

Mr. McMahon was the first Secretary and later Treasurer of the White Plains Urban Renewal Agency, and a member of the Traffic Commission.

Mr. McMahon was born June 25, 1914 in North Tarrytown only because, his granddaughter said, his mother was visiting North Tarrytown that day. His granddaughter recalled today for WPCNR that Mr. McMahon was a member of the White Plains Common Council for two terms in the 1960s, 1962 through 1969 being first elected in 1961, she said, because that was the first election she ever voted in. A civic leader, volunteer fireman for 60 years, and involved citizen, Mr. McMahon was a Legacy of White Plains, and was named Citizen Extraordinaire by the White Plains Historical Society, among many honors.

Visiting Hours are Wednesday, 7 to 9 PM and Thursday, 2 to 4 and 7 to 9 at McMahon, Lyon & Hartnett Funeral Home, 491 Mamaroneck Avenue. Mass will be held at Our Lady of Sorrows 10 A.M. Friday in his honor.

“He just loved White Plains,” his granddaughter said.

Frank McMahon, a lifelong White Plains resident, passed away on May 21, 2006.  He was born in Tarrytown on June 25, 1914 to the late Joseph C. & Lucy (Smith) McMahon.

Frank graduated St. John’s Parochial School and White Plains High School class of 1933.  He was a member of the Football team 1930 – 1931 and a manager in 1932.  In 1930 he played on the first White Plains High School Hockey Team.  He was the first Parish Council President for St. John the Evangelist Church.

After graduation, Frank worked for the local Ford dealership and the Dwyer Funeral Home in Tarrytown performing miscellaneous duties.  He then attended and graduated The Collier School of Funeral Directors & Embalming in NYC.  In 1942 he founded the funeral home known as Tracy & McMahon, with his father in law, Councilman T. George Tracy.  In 1964 he acquired the 100 year old funeral home known as Lyon & Hartnett- Now known as McMahon, Lyon & Hartnett Funeral Home, Inc.

Frank has been an active and dedicated life member of the White Plains/ Ardsley Elks, a member of the Moose Lodge, and a member of, and past president of the White Plains Lion’s Club.  He was awarded the Melvin Jones award which is the highest honor from Lion’s International.  He was a charter member of Hibernans Division 17.   He belonged to the Knights of Columbus Council # 450 & the John G. Coyle 4^th degree.

  In 1996 Frank served as the Grand Marshall for the first White Plains St. Patrick’s Day Parade.  He was also the proud recipient of the Monsignor Edward O’Brien Common Service Award.  In 2002 Frank was inducted into the White Plains High School Hall of Fame.  In 2003 he was the proud recipient of the White Plains High School Tiger Fan Club “Sportsman of the Year” award.  He was active in the White Plains High School- Class of 1933 – reunion group.  Frank served as a Boy Scout Commissioner of the former Fenimore Cooper Council & is a lifelong member of the White Plains Historical Society an was made a “Citizen Extraordinaire”.  He was also an accomplished drummer playing in many school, and later professional groups.

He was an active member and supporter of the White Plains Fire Department/ Volunteer Division and a member of the Hope Engine Co. #1, where he served as president and later Captain.  He was elected Chief of the Volunteer Fire Department and served 2 years.  He was a member of the Exempt Fireman’s Association , where he served as president for 21 years.  He was also a member of the Westchester County Chief’s Association and the NYS Fire Chief’s Association.

Frank was a member of the Westchester County Metropolitan Funeral Directors Assoc., the NYS Funeral Director’s Assoc., and the National Funeral Director’s Association.   He was a former member of the White Plains Traffic & Public Safety Commission and served 2 years on the WP Parking Authority.  He served the WP Common Council for 8 years.  He was also the Treasurer for 8 years and the Secretary of the WP Urban Renewal Agency for 2 years.  

Frank was a parishioner and daily communicant of Our Lady of Sorrows Church and a past parishioner of St. Bernard’s and St. John the Evangelist Church.

He was a member of the Westchester Country Club and the Westchester Hills Golf Club for many years.

Frank is survived by his wife of 66 years, Marie (Tracy) McMahon. He is also survived by 3 beloved daughters; Marie F. McMahon, Anne Meltzer & her husband John and Jean Amodio & her husband Frank.  Dear grandchildren:  Tracy Harnaga and her husband Bob, Kathy & Sarah Meltzer, Carly, Kevin & Katie Amodio.  He was the dear great grandfather of Megan, Molly & Ryan Harnaga.  He is the beloved brother Leo & Edmund McMahon and the late Agatha McCabe and Harold McMahon.  Survived by many nieces and nephews.

Visitation will be Wednesday 7 – 9 PM and Thursday 2-4  & 7-9 PM.  A mass of Christian burial will be at Our Lady of Sorrows Church on Friday at 10AM.  Interment at Mount Calvary Cemetery.

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WPCNR PRESS BOX. Special to WPCNR from the Explosion Organization. May 22, 2006: The White Plains Explosion 14u girls travel team took first place in the ” Kittatinny Spring Blast” Tournament in Newton, NJ over the weekend, beating the Newton Bears 11-1 in the Championship game.  A total of twelve teams competed in the age bracket.

Explosion went 6-0 over two days beating the Staten Island Lighting, Lanape Rebels, Sparta Blue Diamonds, Kittantinny Flames, and Pequannock Twisters (Derek Jeter’s birthplace) to reach the championship game. The Explosion girls scored 63 runs and gave up only 7  for the tournament behind the strong pitching of Sara McKenna and Lauren Sputo. The “big orange run scoring machine” was supplied by  Amanda Bellantoni, Chloe Giordano, Becky Sewitch, Christy Riena, Hayley Bingham, Kelly Linehan, Suzanne Ward, Julia Esposito and Grete Flack.

Team Explosion will be traveling to Union ,NJ to play over the memorial Day Weekend to play in the “Union Memorial Day Madness” tournament that will have 17 teams competing for the grand prize.

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WPCNR MAIN STREET JOURNAL. By John F. Bailey.  May 21, 2006. UPDATED 10:45 P.M. E.D.T.: Common Council President Rita Malmud advised The CitizeNetReporter Saturday afternoon that she has not received her copy of those pesky amended site plans for the Ritz-Carlton, Westchester at 221 Main Street. Ms. Malmud wrote WPCNR today, supplementing her e-mail of yesterday, emphasizing she has been completely kept in the dark on the Ritz-Carlton design:  “I do not have any such plans.”

The plans have not been unavailable for viewing by the general public at the Planning Department, either, and they have not been confirmed as being in the Building Department, raising the possibility the plans are still being furiously created, and not in city possession, even though the “podium” base of the project has been built to new specifications approved by the Commissioner of Building, Mike Gismondi,  according to builder Louis Cappelli, “three to four months ago.” (which would make the date of “approval” about February 21. (The podium began to rise above Main Street  March 1.)

Regarding the already-built and redesigned podium plans, Ms. Malmud writes WPCNR Sunday that they “The first I heard about the changes was last Monday.”

Vivian Deuschl, Vice President of Public Relations for Ritz-Carlton, was checking into the standard design specificiations  requirements for Ritz-Carlton hotels for WPCNR when I asked her last Thursday, and who requested WPCNR to put questions in writing, (WPCNR awaits her answers).

Sunday, Ms. Deuschl is quoted by Journal News Reporter Keith Eddings as admitting the Ritz-Carlton assumed all the changes would be approved when the company issued their news release last week announcing the Ritz would be managing the second tower and spelling out amenities and the additional 50,000 square feet. Eddings quotes Ms. Deuschl as saying, “When we wrote the release, it was based on the assumption that those things would be approved. I’m sure there are things we can do to work with the developer if there becomes an issue with the council.”

The “phantom” Ritz-Carlton rising above Main Street. Photo taken March 13, 2006. The project has moved at the pace of a floor a week since poking above Main Street March 1. Photo, WPCNR News Archive.

The  Ritz-Carlton, a phantom no more, May 17, 2006, the day after WPCNR broke the Ritz-Carlton story. Photo, WPCNR News.

The Common Council speaks to WPCNR

In a written statement to the CitizeNetReporter, Saturday afternoon, Ms. Malmud wrote: “I do not have the ammended site plan for 221 Main. I assume that is because the zoning changes first needed to accommodate the publicized changes for the Ritz Carlton have not yet been approved.”

Sunday afternoon, Ms. Malmud stated in blunt terms to WPCNR today in a second e-mail  that the zoning changes were all she knew about last Monday: “other than the zoning ordinance changes and related communication on last week’s agenda, I have no other written documentation.”

Tom Roach, speaking to WPCNR Thursday on whether he was interested in finding when the Commissioner of Building actually approved the minor site plan amendents, said he was interested in the timing sequence, and he had not received the revised plans, and he was reserving judgment on approving the zoning changes until he saw the plans.

Arnold Bernstein, the only other Councilperson to return WPCNR’s calls on the approval, said he had not received any plans, but emphasized he was not concerned about the dates when the Commissioner of Building approved the minor site plan changes:

“With respect to your question, I believe it (the changes) was on a non-substantive matter. If it’s a non-substantive matter the company (Cappelli) simply has to file revised plans and the Building Department approves them.

I’m comfortable with the way it’s (the Ritz-Carlton project) going. I haven’t discussed (finding out when Mr. Gismondi approved the plans), with my colleagues. I’m confident that if the Building Department approved the buttressing of the sides with an extra 15 feet (the 9th and 10th podium floors) doesn’t bother me. I don’t need to see the documents (approving the changes).”

WPCNR asked if the council wasn’t saying to future developers they could build whatever they wanted, Councilman Bernstein said:

“I do not know when the Building Department approved them (the changes). It’s not worth the time. Why bother? Don’t hunt for a head, John, when it’s something immaterial. There are so many other issues facing the city.”

Silence of the Lambs.

Councilperson Benjamin Boykin and  Councilperson Glen Hockley have not responded to WPCNR telephone messages about pinpointing the approval date(s). Councilman Robert Greer (who is unable to converse on the phone), was not contacted. However, if Mr. Greer could send  WPCNR an e-mail on his position WPCNR would be pleased to include it in this report.

Greer, suffering from Lou Gehrig’s disease, unable to speak or move his limbs, but able to communicate by computer with eyeball movement,  was reported by Councilman Boykin Wednesday evening at the Council meeting (where Mr. Cappelli made public his minor site plan changes),as being solidly behind the Ritz-Carlton project.

WPCNR assumes by Boykin’s public  statement on behalf of Mr. Greer that Mr. Boykin meant the legislative zoning changes, (height limitation exceptions and screening of mechanical equipment) since the council indicated they did not to know of any of the changes Mr. Cappelli showcased Wednesday evening.

The Mayor’s Office has not responded  to WPCNR’s  inquiry  requesting the date or dates when Commissioner of Building Mike Gismondi approved the “minor site plan changes.” Mayor Joseph Delfino assured the Common Council Wednesday night that the Building Department had approved the changes, but did not say when Commissioner Gismondi did that.

10 Weeks above Main Street.

 Mr. Berg and Mr. Cappelli said the amended plans  started being prepared after they came to final agreement with the Ritz about three weeks ago. However, as the photographs at the top show, the “minor site plan amendments,” have been in the process of being set in concrete for 10 weeks, and the podium filled with the minor site plan amendments skeleton is complete at 10 stories. Dan Seidel whose suite of offices overlooks the construction site told WPCNR concrete for the swimming pool was being poured Friday.

The Ritz-Carlton Site showing 10 floor “podium” in place at left of photograph. Photo, WPCNR News

The Case of the Missing Site Plan

Thursday afternoon, WPCNR called the Building Department four times asking if the plans were available for review, and was told by the Building Department personnel they did not know, that the Commissioner would call me. They would not confirm the plans were in the Building Department.

Friday WPCNR called the Building Department at 9 AM,approximately 2 PM and again at 4:45 P.M., all three times I asked if the plans were on the premises (as required by law for viewing). I was again told by the Commissioner’s  Secretary, that the Commissioner of Building would call me. Dan Seidel, another citizen told WPCNR he, too had called the Building Department and was told (when he asked to see the amended site plan),  that the Commissioner of Building would call him. So far, Mr. Gismondi, has not returned calls.

I left a message on the voice mail of Bruce Berg of Cappelli Enterprises asking Mr. Berg if the site plans were being “tweaked” prior to presentation this week as a reason why the amended site plans appear not to be in the Building Department for review, and the date when the Commissioner signed the plans. Mr. Berg has not responded to clarify the situation as he usually does, but he may not have received the message.

Our Story So Far.

The site plan changes to which Ms. Malmud refers,  were described Wednesday evening at the Common Council by builder Louis Cappelli as minor site plan amendments undertaken as routine and part of the process in building any project. He said he did not think the council would be interested in those.

 These minor site plan improvements Cappelli said included expanding the podium to 10 floors  from the 8 it was supposed to occupy in order to adopt the cable construction method enabling him to accelerate the pace of construction on the double 400 foot towers.

In the process, the ever-efficient Mr. Cappelli incidentally increased the floorage of the podium from 8 to 10 floors at the request of Ritz-Carlton,  combining the second and 3rd floors to create a ballroom with an approximate 25 feet ceiling  to accommodate events hosting 600 people, plus providing convention meeting space and meeting space,  and articulated a 10,000 square foot health spa in the podium hotel section of the project  under the swimming pool while canopying the pool with a glass all-weather enclosure on the top floor of the podium which he told me is now “topped out.”

Just a Sec, I Got a Few Minor Site Plan Changes.

If site plans are being held up as Ms. Malmud assumes because zoning changes  have not been approved, then White Plains now is telling builders that changing the interior functions of their building, upping the  floorage, adding up to 50,000 square feet, altering construction technique,  expanding the purpose and functions of their buildings after site plans are approved, are now “minor site plan amendments” and is  White Plains policy. 

Obviously construction crews needed to build the 10 floors of the podium piece of the Ritz-Carlton that now stand in place  using some plans. Construction crews as the above photo shows,  have executed the reported “approved” “minor site plan amendments,” to the project.  Those partial plans if Ms. Malmud’s assumption that they await zoning changes is correct, have not been given to the Council either.  

Those partial plans for the new podium are not available to the general public at either the Planning Department of the Building Department.  

Copies of Mr. Cappelli’s presentation boards have not (to the CitizeNetReporter knowledge), been provided to Councilmembers or the media. 

Meanwhile, back at The Planning Department

Reacting to the Ritz-Carlton announcement this week, Dan Seidel  Seidel contacted WPCNR saying he visited the Planning Department Thursday afternoon to review the last existing  approved site plans for 221 Main. He said he had to threaten filing a Freedom of Information Law request before he was allowed to see the existing plans.  

Dan reports to WPCNR that those approved plans dated August 4, 2005 plans only call for 8 floors, not 10, show a hotel lobby of 14 feet 4″  with the second floor and subesequent floors having floor to ceiling heights of 9 foot 2 inches each. Mr. Cappelli told WPCNR Wednesday evening the ballroom skeleton  in the now 10-floor podium occupies two floors and a 25-foot ceiling height specified by Ritz-Carlton.

Mr. Seidel said he was told by personnel in the Planning Department that the new site plan was Mr. Gismondi’s job and responsibility, not that of the Planning Department.

Perhaps the plans will be available by the time the public hearing on the project legislative changes is held June 5, 2006.