Council Balks on NYPH Memorandum of Understanding. Tables to November.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. October 3, 2006: In a very rare occurence tonight, the Common Council took an item up for discussion on the consent agenda.


 It was in the matter of the last-Thursday-evening-submitted Memorandum of Understanding on subdivision of New York Presbyterian Hospital property, the council was being asked to approve that the city may acquire a 5.5 acre park from the Hospital in exchange for subdividing a  60-acre adjacent parcel for 125 homes (down 6 units from as first reported based on last week’s MOU information).


The Council soundly bounced the Memorandum  back to the Mayor as being too vague, laying the city open to unknown expenses. This, after they had no particularly objections to the concept in the work session. However, five of the six councilpersons found plenty to disagree with in the fine print. Glen Hockley was the only individual in support of the proposal, however, he did vote in favor of tabling the matter.


The rejection of the MOU (as it is anacronymically referred) in its present form was spearheaded by the instant research of Councilman Dennis Power, which he apparently conducted since last Thursday evening when he received the MOU. Power read a listing of careful technical questions he raised over 40 minutes of sustained questioning of the Commissioner of Planning Susan Habel about the Memorandum of Understanding over fees due in the subdividing process, and the question of what would the hospital do the the rest of its land. (Habel said the hospital would follow its Master Plan, but knew of no indications of any hospital projects for “the rest of the property”.) Habel insisted the MOA was simply to acquire parkland for the city and nothing else. Mayor Delfino assured the television audience that the hospital has “no plan” to execute a subdivision “at the present time.”


Councilpersons Thomas Roach (complaining about the vagueness of what happens if the hospital walks away from the deal and whether the proton accelerator project still remains alive in that event), Rita Malmud (Council authority to approve the budget)  and Benjamin Boykin  (demanding a specific budget analysis before approval), and Councilman Arnold Bernstein (preferring to see a larger park parcel) all agreeing tabled the Memorandum until the Regular Common Council meeting of November 6, 2006. Prior to that the council is to meet to discuss rewording of the MOU with the Corporation Counsel, and the Planning Commissioner.


The document, Edward Dunphy, the Corporation Counsel, said appeared to be headed for substantial revision. Councilpersons statements were greeted with applause from the handful of citizens who were invited to speak about the Memorandum of Understanding even though it was a consent agenda item and was not in a public hearing mode.


Six citizens spoke, denouncing the MOU. Harriet Baker described it as “an insult.” Lynn Huber, Treasurer  of Concerned Citizens for Open Space ridiculed the statements that the 5.5 acres would be preserved in perpetuity, noting that the 60 acres if turned into 131 homes would  “be destroyed in perpetuity.” Dan Seidel castigated the Memorandum of Understanding on grounds that the city should not be doing it, when there was so much else to do. Marc Pollitzer expressed budget concerns, said the School District Capital Project Committee should have been informed of this city intention to subdivide on the basis of any subdivision impact on school district enrollment.


 

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Shooting on Greenridge in Highlands An Accident Sources Say.

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WPCNR POLICE GAZETTE. October 3, 2006 UPDATED 12:45 P.M. E.D.T. October 4, 2006: Paul Wood, the City’s Executive Officer, confirmed there was a shooting on Greenridge Avenue in the Highlands Tuesday, in which a woman shot a man, who was hospitalized. Wood reported his injuries were not life-threatening. Wood knew no other details of the shooting. Police would not make a statement Tuesday afternoon on the nature of the shooting or what lead to it.


Further information acquired by WPCNR Wednesday indicates the incident was not violent but an accidental firing of a pistol that resulted when the male was showing his gun to his fiancee at 74 Greenridge Avenue.  His financee is a student and athlete at White Plains High School.


 Reliable sources outside the Police Department who know the couple told WPCNR today the incident was an accident and not a result of a quarrel, dispute, or violence between them.


The WPCNR source said that the man not identified by police was wounded in the area of left shoulder when the pistol being handled by the woman accidentally discharged. She was showing him the gun where she lived at 74 Greenridge Avenue. WPCNR’s source says the couple realized the man had been shot and they went out walking in the neighborhood, on Linda and Longview Avenue and created a story of being robbed to explain the young man’s gunshot wound to the police. The police did not buy their story, according to press reports because there were no signs of a struggle and the two not being consistent in their stories of what happened.


Police have not contacted WPCNR with any updates on this incident despite several requests to find out what criminal charges may have been filed and the police evaluation of the incident. A detailed report in The Journal News this morning report the Police as identifying the woman as Elena Sannella,18,  and that she has been charged with second-degree assault, reckless endangerment, criminal possession of a weapon and falsely reporting an incident.  Police said the victim had been showing her the gun and the woman pulled the trigger, hitting the victim, which confirms what WPCNR sources have said. Her finance, the male was not charged at the time last night, police saying he likely would be charged with weapon possession and falsely reporting an incident.


This appears based on the information WPCNR has obtained to not be a violent incident.


This, though,  is the second  incident in the Highlands  in less than a  week, and third violent episode in the city in five days. Last Thursday a resident was mugged by three youths in the late afternoon as he entered his yard. Police arrested and charged three youths with the attack.


There have been seven violent attacks in the city since March 27 all involving persons in their twenties and teens. The violence began with a fatal stabbing on South Lexington Avenue and Post Road March 27, followed by a fatal shooting on Ferris Avenue, a gunfight between two individuals after observing a fist fight last week at Winbrook, a non-fatal shooting on Ferris Avenue, with the perpetrators still at large, followed by three incidents in a week: the mugging on Bryant, the stabbing on Mitchell Place Friday night, and Tuesday afternoon’s shooting.

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Louis Cappelli, Simon Cooper of The Ritz, Open R-C Sales Center. Gov Visits.

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WPCNR MAIN STREET JOURNAL. October 3, 2006: Governor George Pataki of New York State took a whirlwind tour to the top of the “topped out” first tower of the new Ritz-Carlton Westchester today, and wished White Plains and The Ritz well, congratulating White Plains on its Renaissance, then left prior to the ceremony for another appearance in New York. Following the tour, a Topping Out ceremony was held where Mayor Joseph Delfino thanked all his commissioners who worked so hard to make “this day possible,” and Louis Cappelli, the Super Developer told of how his persistence finally wooed Simon Cooper CEO of the Ritz-Carlton to say “Yes” once the building had reached twenty stories. Mr. Cappelli broke the news that the Ritz has already sold $30 Million of condominium units in the two tower, hotel and condominium masterpiece rising.



Governor George Pataki goes to the Top: The Governor, center, is pictured emerging from the complex after his whirlwind tour to the top of the Ritz this morning prior to the Topping Off Ceremony at Renaissance Square. Photo, WPCNR News



Louis Cappelli, thanking his construction workers for completing the tower without an accident at the Topping Off Ceremony. Photo, WPCNR News



Louis Cappelli cuts the ribbon opening the Sales Center for the Ritz-Carlton today. Left to right, Jim Sullivan of the Marriott Corporation, Mayor Joseph Delfino, Louis Cappelli, Simon Cooper of the Ritz-Carlton, Charles Gargano of the New York Empire State Development Corporation and State Senator Nicholas Spano. Photo, WPCNR News

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Council Set to Approve Memorandum of Understanding for Park/ 131 Homes at NYPH

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. October 3, 2006 UPDATED 1 A.M. OCTOBER 4, 2006: The Common Council was expected tpo approve last night a Memorandum of Understanding on the Consent Agenda which puts the city on record as endorsing a 131-unit subdivision to be constructed adjacent to Bryant Avenue on the New York Presbyterian Hospital site, while providing a 5.5 acre recreation park for the city planned to have a soccer field and a baseball/softball field.


The city will be paying all costs for drawing of the “Conservation Development” subdivision plan, which has a timetable attached to it, calling for a Final Approval by the Planning Board by the third week of July, 2007. A budget for the subdivision plan will be drawn up between the hospital and the city 10 days after tonight’s planned approval. No estimate of the city costs for preparing and submitting the plan to all agencies has been included as part of the memo.


Another aspect of the Memorandum is the city is agreeing to the design of entrance and egress roads into the hospital subdivision to be drawn up to the hospital specifications. The Memorandum also effectively kills the proton accelerator/biotech center plan for building on the 65 acres covered by the Memorandum of Understanding.


Should the hospital change its mind and withdraw from buying into the subdivision proposed by the city, the hospital agrees to reimburse the city for all costs incurred.


Community leaders have been quietly lobbying the Council to postpone the vote on this Memorandum pending some kind of public hearing process. Apparently the effort paid off as the council voted 7-0 to approve tabling the Memorandum of Understanding until it could be substantially clarified, see latest story above).


Here is the text of the Memorandum of Understanding as it appeared in the “Backup Material.”



MEMORANDUM
OF
UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered into as of this day of September, 2006 by and between THE CITY OF WHITE PLAINS, a municipal corporation, having an office and place of business located at 255 Main Street, White Plains, New York 10601 (the “City”) and ROYAL CHARTER PROPERTIES WESTCHESTER, INC., a New York not-for-profit corporation, having an office or place of business located at 435
East 70th Street, New York, New York 10021 (the “RCPW”).


 
GENERAL
RCPW is the owner of approximately 214 acres of land (the “RCPW Site”) in the City. The entire property is situated in the R1-12.5 zoning district and has received a special permit to use the RCPW Site for “Hospital” purposes as defined in the City’s Zoning Ordinance.
Pursuant to this MOU and the terms and conditions contained herein, the City proposes to cause to be subdivided, as a Conservation Development approximately 65.5 acres of the property owned by RCPW (the “Proposed Conservation Development”), with (a) approximately 5.5
acres of the RCPW Site being subdivided and the development rights associated with that parcel, defined herein below as the “Park and Recreation Parcel,” being transferred to the “Residential Parcel”, also defined herein below, pursuant to the City’s conservation development zoning and subdivision regulations, and such area set aside for Park and Recreation purposes (the “Park and Recreation Parcel”) for use by all residents of the City with the rights of access and control by the city described herein below, and (b) a parcel of approximately 60 acres of the RCPW site having frontage on Bryant Avenue, for Residential Purposes (the “Residential Parcel”). The City proposes to undertake the environmental review- of the environmental impact of the Proposed Conservation Development in accordance with Section 5.7 of the City’ s Zoning Ordinance and NY State SEQR regulations. Such use of the RCPW Site will require an amendment to RCPW’s master plan and special permit pursuant to Section 6.7.5 of the Zoning Ordinance. The Proposed Conservation Development, including the Park and Recreation Parcel and the Residential Parcel, are depicted on the “Conceptual Conservation Development Plan”, annexed hereto as Exhibit A for illustration purposes only. Exhibit Al will consist of a conventional subdivision plan and Exhibit A2 will be a proposed Conservation Development Plan. Exhibits Al and A2 shall be finalized by the parties, subject to such modifications as may be made during the environmental, subdivision and special permit processes.


TERMS OF AGREEMENT


1. The City shall prepare, at its cost and expense, and submit to all appropriate governmental agencies, including but not limited to the Vvlite Plains Planning Board (“Planning Board”), an application for subdivision of the approximately 214 acres of land owned by RCPW, including the subdivision of the Residential Parcel and the Park and Recreation Parcel generally as shown on the Conceptual Conservation Development Plan. The Conceptual Conservation Development Plan shall be used for Informal Review pursuant to Section 5.7.4.1 of the Zoning Ordinance and to establish the lot count for the Conservation Development. This paragraph is made subject to paragraph 3 herein below. The City shall be the annlicant for the subdivision and environmental aunroval of the Pronosed Conservation Development. When mutually deemed ready for submission to start the subdivision process, the proposed plan for the proposed Conservation Development shall be submitted to RCPW, which shall, within forty-five (45) days thereafter, review and comment on such plan.


2. Upon final agreement of the parties on the proposed Conservation Subdivision Development, RCPW shall submit to the City an application to amend the special pemiit issued to RCPW and to amend RCPW’s Master Plan, which is a part of the special permit, to remove the portion of the property subject to the proposed Conservation Development from the Hospital use special permit, such action by the City being made subject to the granting of final conservation subdivision plat approval for the proposed Conservation Development, and authorize the use of the Residential Parcel for residential purposes and the use of the Park and Recreation Parcel for park and recreational purposes upon granting of final conservation subdivision plat approval.


3. The City shall, subject to RCPW’s approval, which shall not be unreasonably withheld or delayed, retain all consultants (including approved land use counsel) it deems reasonable andlor necessary to pursue the Proposed Conservation Subdivision, shall prepare, or cause to be prepared, all drawings, studies, plans, reports and documents, and shall pay for all costs necessary and required to obtain environmental and other approvals for the Proposed Conservation Subdivision. Within ten (10) days of the Effective Date of this MOU, the parties shall agree upon the budget for the costs of the review process for the proposed Conservation Development (the “Approved Budget”). The Approved Budget may be amended from time to time by agreement between the parties. RCPW shall not be obligated to reimburse the City (as such reimbursement may be effected as described in this paragraph 3) its allocable portion of any expenditures that exceed the amounts set forth in the Approved Budget. In the event the City desires to amend any application, plan, sketch or drawing in connection with the Proposed Conservation Subdivision, such amendment shall not be made, submitted or filed without the prior approval of RCPW, which approval shall not be unreasonably withheld. Each party shall be responsible for their own attorney’s fees in connection with (a) any legal proceedings or challenges of such approvals or (b) any requests by such party for services not directly related to the purpose for which land use counsel has been retained, as described in the first sentence of this paragraph 3. The parties hereto shall develop a fair and equitable distribution or allocation of the reasonable third party costs associated with the Residential Parcel, consistent with Approved Budget, and, upon the granting of final approval of the Proposed Conservation Subdivision plat and related environmental review, and after any and all challenges to such approvals have been exhausted (resulting in a non-appealable final order or judgement) or the time within which a challenge must be made has expired, RCPW shall reimburse the City for those costs allocable to the Residential Parcel. The City shall be responsible for such costs allocable to the Park and Recreation Parcel. RCPW shall reimburse the City for such costs attributable to the Residential Parcel by conveying to the City additional land adjacent to the Park and Recreation Parcel of equal value in the area (or portion thereof) so designated in Exhibit A2, unless the parties mutually determine that such reimbursement shall be made by cash payment. If RCPW terminates this Agreement without good cause or ceases to proceed in good faith with its efforts to secure necessary govemmental and land use approvals for the Proposed Conservation Development in accordance with this MOU, it shall reimburse to the City, in a timely manner, all reasonable costs (consistent with the Approved Budget) expended by the City in obtaining the environmental and all other approvals for the proposed Conservation Subdivision, by cash payment. No such reimbursement shall be required in the event RCPW exercises its rights under paragraph 9 herein.


4. RCPW agrees that upon the granting of final approval of the Proposed Conservation Subdivision plat and related environmental review, and after any and all challenges to such approvals have been exhausted or the time within which a challenge must be made has expired, it shall grant to the City, by written instrument, the undisturbed right to use, occupy, develop and maintain the Park and Recreation Parcel for a period of ninety-nine (99) years, with renewal options that may be exercised by the City.


5. The City shall construct at its sole cost and expense and otherwise provide for all labor and materials it deems necessary to construct all improvements to the Park and Recreation Parcel, including but not limited to ball fields, playgrounds, landscaping, equipment, lighting and fencing, access road (in the location designated in Exhibit A) and retention basin (if required). The Park and Recreation Parcel shall be enclosed by a fence, which shall be similar in height, structural and aesthetic design to the wrought iron fence presently enclosing the RCPW property. RCPW shall have no obligation to pay for the cost of any improvements to the Park and Recreational Parcel. The City shall, after the completion of the initial construction, repair, maintain and, if desired, reconstruct, redevelop, or improve, or cause to be repaired, maintained, reconstructed or redeveloped and improved, the Park and Recreation Parcel, including constructing an access road between the Park and Recreation Parcel and Bryant Avenue, and the City shall pay all costs in connection therewith. The City and RCPW shall execute and record a restrictive covenant to limit the use of the Park and Recreation parcel to recreation use open to the residents of White Plains and their visitors and guests, and to impose such reasonable restrictions on the use of such Park and Recreation Parcel as may be agreed to by the parties (including without limitation, hours of operation, pennitted/proscribed activities, noise levels, security, etc.), such agreement not to be unreasonably withheld. The cost to record such restrictive covenant shall be shared equally by the parties.



6. Tn order to enhance and facilitate RCPW’s operation of the RCPW Site and the conduct of all Hospital activities occurring thereon, all easements, roads, retention basins and points of access to public streets shall be designed so that the same are acceptable to RCPW, including, without limitation, reasonable additional or new means of access to the RCPW site from Bloomingdale Road. Any amendments or changes to the easements, roads, retention basins and points of access shall be subject to approval of RCPW.


7. RCPW shall be responsible to secure, at its sole cost and expense, the approval, if required, of all regulatory agencies having jurisdiction over RCPW in connection with the activities described herein. RCPW shall, within 6 months after the execution of the MOU, apply for such approvals and shall diligently seek approval thereafter. RCPW’ S failure to secure such approvals which failure shall prevent the use of the Park and Recreation Parcel by the City as contemplated under this MOU, shall constitute a cause under which RCPW is required to reimburse the City by cash payment for all of its costs related to the environmental and other approvals of the Conservation Subdivision.


 
8. The City has estimated that the Proposed Subdivision Plat will be ready for final approval within nine months from the date hereof plus any periods necessary to obtain a survey of the Residential Parcel and Park and Recreation Parcel, if not already part of a survey in possession of RCPW, and any review periods for RCPW as described in paragraphs 1 and 4 herein above (the “Proposed Conservation Subdivision Plan Schedule”). Attached hereto as Exhibit B is a summary of required actions and respective anticipated time frames (“Conservation Subdivision Timeline”), culminating in the Proposed Conservation Subdivision Plan Plat being ready for final approval. The City and RCPW, its successors, assigns and designees, agree to (1) proceed in good faith and with all due expedition in the prosecution and completion of the Proposed Conservation Subdivision and (2) cooperate with each other (a) in promptly filing any applications for approval of the Proposed Subdivision Plan and any amendments thereto, (b) in timely filing any documents in connection with environmental review of the Proposed Conservation Subdivision Plan and any other required actions and (
c) in taking all other steps to achieve the objectives of this MOU consistent with the terms herein and the Proposed Conservation Subdivision Plan Timeline and Proposed Conservation Subdivision Plan Schedule. The City and RCPW shall diligently work together to resolve any issues, misunderstandings or disputes in connection with the Proposed Subdivision Plan and the environmental review in connection therewith.


9. If the Proposed Conservation Subdivision is not approved within the Proposed Conservation Subdivision Schedule or such modified or extended timeline to which the parties may agree, RCPW may withdraw from this Memorandum of Understanding and, upon such withdrawal, neither party shall be bound by the terms and conditions herein. Recognizing the timeline agreed to herein, RCPW agrees that it shall review plans, respond to questions and provide information to the City and its designated consultants in a timely manner.



10. Notwithstanding section 7.6 or any other provision of the Zoning Ordinance, the parties acknowledge that RCPW
s affiliate, New York Presbyterian Hospital (NYPH) submitted a letter to the City, dated as of August 1, 2005 (“Renewal Request”), requesting a renewal of its Special Permit Approval for the Proton Beam Therapy Center/Research facility (“Project”) at the Site. The parties, therefore, agree that such Renewal Request shall be held in abeyance and (a) NYPH and/or RCPW shall not take any further actions in connection with such Special Permit Approval or the Project and (b) the City shall not place such item on the agenda of the Common Council or any other department, board or agency for consideration, until such time that this MOU shall terminate or expire, as set forth herein; it being further understood and agreed that, upon granting of final approval of the Proposed Conservation Subdivision plat and related environmental review, and after any and all challenges to such approvals have been exhausted (resulting in a non-appealable final order or judgement) or the time within which a challenge must be made has expired, such Special Permit Approval shall no longer be effective and NYPH’ s request for renewal thereof shall be deemed withdrawn. The City further agrees that in the event the MOU expires or terminates and NYPH (or RCPW) proceeds with its request for renewal of the Special Permit Approval, the passage of time between NYPH’s timely submission of the Renewal Request and the effective date of the MOU’s termination or expiration shall not be a factor in the City’s consideration of and detennination on such Renewal Request.


11. Jurisdiction over any action or proceeding arising out of this Memorandum of Understanding shall be vested in the Supreme Court of the State of New York, County of Westchester.


12. Except as set forth in paragraph 9 above, this MOU may be amended only by written agreement executed by both parties. The parties agree that this MOU constitutes the entire agreement between the parties and that there are no agreements, contracts, covenants, promises or representations, except as set forth herein.


13. The persons executing this MOU represent that they (a) are executing this instrument on behalf of and as the act of the party for which they sign and (b) possess all requisite authority to execute same on such party’s behalf.


14. The parties agree that any notice regarding the MOU shall be sent to the following by overnight courier or first class mail:


For the City of White Plains:
Paul Wood
Executive Officer
City Hall
255
Main Street
White Plains, NY 10601
4


 

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P.R. S.A. Presents Key Journalists in ‘Meet the Media’ Luncheon

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WPCNR THE CITY DESK. From Public Relations Society of America, Westchester/Fairfield. October 3, 2006: The PRSA monthly gathering presents a “Meet the Media” Luncheon, featuring Ed Baig of USA Today and Robyn Walensky of Fox Radio News to be held at 12 noon – 1:45 pm on Thursday, October 12, 2006 at Luca’s Steakhouse, 35 Church Street, Greenwich (just off Putnam Avenue/ Route 1).


How can you best work with journalists to gain publicity for your clients and organizations? What story ideas appeal to them? How can you best approach them – and when? How should you tailor your pitch? Learn all you need to know about interacting with these key reporters and media outlets. Guest speakers will Ed Baig, Personal Tech Columnist, USA Today; Robyn Walensky, Reporter, Fox Radio News; and other leading journalists.


The event is sponsored by the Public Relations Society of America (PRSA) Westchester/Fairfield Chapter. The public is invited. Cost is $30 for members and $35 for nonmembers with reservations by October 11. Cost is $45 for walk-ins. To make reservations, call Jackie D’Erasmo, Executive Business Support Services, at 203-655-1092 or email to events@prsa-wf.org. For PRSA Chapter membership information, email colleenbrathwaite@msn.com.

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First 50 Story Tower Tops Off Today at Renaissance Plaza.

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WPCNR PHOTOGRAPH OF THE DAY. By the WPCNR Roving Photographer. October 3, 2006: Today’s Photograph of the Day is of the first of the Ritz-Carlton Westchester condominium towers which has finally reached its 500 foot height. Its creator, Louis Cappelli, will host a Topping Off Ceremony today, with Mayor Joseph Delfino of White Plains as Master of Ceremonies. Expected to attend are Governor George Pataki of the State of New York, Simon Cooper the Chief Executive Officer of Ritz-Carlton, County Executive Andy Spano and a host of dignataries. A dance company from the Twyla Tharp/Bob Dylan muscial, The Times They Are a-Changin will perform in Renaissance Square. The Ceremony begins at 11:00 A.M.



The Ritz-Carlton Premier Tower, Sunday Night at Twilight from the entrance of the City Center on Mamaroneck Avenue.  Photo by the WPCNR Roving Photographer

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Kelsey Kulk Still Clocking — Wins Kennesaw Moutain State Tilt for her new Team

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 WPCNR PRESS BOX. From Kennesaw Mountain State. October 2, 2006: White Plains Tigers’ own Kelsey Kulk delivered an RBI single in the fourth inning to lead her Fighting Owls to a 1-0 win. Sunday morning at the Bobbie Bailey Athletic Complex.


 



Kelsey Kulk of the Owls.


Photo Capture from Kennesaw Mountain State Site.



Kelsey Kulk in Her Tiger Days last April. Photo, WPCNR Sports Archive.


The Kulkster teamed with sister Freshman Klair Wells to plate the gamer in the fourth inning. Wells singled in the hole, was sacrificed to second then with 2 away, Kelsey ripped one up the middle for the willing tally. Kelsey and the Owls are 4-0 in the fall exhibition season. Kulk, mainstay on the mound and the Tigers leading hitter last season is just starting her career in Division I softball with Kennesaw Mountain.

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Wi-FI Security Briefing From County Wednesday.

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. October 2, 2006:  Dozens of business owners have taken Westchester County up on an offer to show them how to properly protect their wireless computer networks.

They will learn what steps they can take at a free breakfast seminar on “Wireless Security: What Every Business Must Know” on Wednesday, Oct. 4. The program, from 8:30 to 10 a.m. at the County Center in White Plains, will feature software expert Robert Gezelter who will show how one can inexpensively and simply follow the law. County Executive Andy Spano and new Consumer Protection Director Gary Brown will open the program.


         


   Attendees will also get a brochure listing five basic steps that even non-technical users can take to make a wireless network more secure.

Westchester’s groundbreaking law, which takes effect Oct. 17, requires commercial businesses that maintain personal customer information such as credit card or banking information on a wireless network to take “minimum security measures.” Businesses that offer public Internet access must also “conspicuously post a sign” advising customers to “install a firewall or other computer security measure when accessing the Internet.” 


The law, which doesn’t apply to individual home users, will be enforced by the Department of Consumer Protection. The program is co-sponsored by Westchester County, the Westchester County Business Journal, the Business Council of Westchester and the Westchester County Association.


 

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City to Approve $414,784 in Certioraris to Sears & Ivy Equities on Wal-Mart Bldg

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. October 2, 2006: Another big-time ceritorari refund settlement scheduled to be approved by the Common Council as part of the consent agenda Tuesday evening will lower the city assessment roll $500,000 on the 275 Main Street building and parking scructure now home to Wal-Mart.


The tax refunds consist of $276,812.50 to Sears Roebuck and Co. for the tax years 1999-00 through the tax year 2003-2004, and a $137,971.50 refund to 275 Main Street Associates (a division of Ivy Equities — according to John Martin who sits on the City’s Board of Assessment Review) for the tax years 2004-05 and 2005/2006. The total cost of the two certioraris to the city is $458,750 (including “legal judgments:”), according to the council backup material. The assessment on the 275 Main Street building for tax purposes declines from $1.7 Million to $1.2 Million.


The refund sets in motion a future certiorari refund from the city school district, which WPCNR estimates to be in the range of a little less than  $1.6 Million.


Martin told WPCNR, speaking from his office at All New York Title Agency in White Plains,  that now that Wal-Mart is in the 275 Main Street building, the city may begin reassessment procedures on the property in January prepartory to preparing the new tax roll by April 1, 2007. Martin also said that according to the County Clerk records,  Sears transferred its lease of the building to Ivy Equities in May, 2003, but he did not know the details of what the arrangements were on the transfer of lease or the settlement. In effect, Ivy Equities is getting a tax refund for the two years they owned the structure when it was vacant and they were renovating the structure in preparation for Wal-Mart coming in. 


The Common Council is also on schedule to approve a Memorandum of Agreement between the City and the New York Presbyterian Hospital that would pave the way for the hospital to give White Plains a 5.5 acre park on the Bryant Avenue side of the property. The agenda:


COMMON COUNCIL AGENDA REGULAR STATED MEETING



October 3, 2006


7:30 P.M.



PLEDGE TO THE FLAG: Hon. Rita Malmud


 


INVOCATION: Rev. Frank Williams


Bethel Baptist Church


 


 


ROLL CALL: City Clerk


 


RECOGNITION: Service Awards


 


FIRST READING


ORDINANCES:




Communication from Corporation Counsel in relation to the settlement of various tax review proceedings.


Ordinance authorizing the settlement of certain tax review proceedings.


 


Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5278, Miscellaneous Street Reconstruction FY 2006-07.


Communication from Environmental Officer


Environmental Findings Resolution


Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5278, Miscellaneous Street Reconstruction FY 2006/07.


 


Bond Ordinance authorizing the issuance of $1,260,000 bonds of the City of White Plains, Westchester County, New York, to pay part of the cost of the reconstruction of various City streets or street segments and related improvements, including Macy and Sherman Avenues.


 


Communication from Chairman, Capital Projects Board, in relation to Capital Project No. CW5277, Replace/Reconstruct Various Water Lines FY 2006-07.


Communication from Environmental Officer


Environmental Findings Resolution


Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. W5277, Replace/Reconstruct Various Water Lines FY 2006/07.


Bond Ordinance authorizing the issuance of $1,500,000 bonds of the City of White Plains, Westchester County, New York, to pay part of the cost of water system improvements throughout and in and for said City.


 


Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5279, Renovations to Fire Facilities FY 2006-07.


Communication from Environmental Officer


Environmental Findings Resolution


Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5279, Renovations to Fire Facilities FY 2006/07.


Bond Ordinance authorizing the issuance of $250,000 bonds of the City of White Plains, Westchester County, New York, to pay part of the cost of the rehabilitation of various fire station facilities in and for said City.


 


Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5276, Municipal Parking Lot Rehabilitation.


Communication from Environmental Officer


Environmental Findings Resolution


Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5276, Municipal Parking Lot Rehabilitation.


 


 


Communication from Commissioner of Public Works in relation to agreements with Shell Hydrogen LLC to construct and maintain a refueling station at the City Garage.


Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into various agreements with Shell Hydrogen LLC, to construct and maintain a hydrogen refueling station to be located at the City’s Garage at Kensico Avenue and Brockway Place.


 


Communication from Commissioner of Public Safety in relation to a donation in the amount of $1,000 from Target Corporation.


Ordinance authorizing the amendment of the FY 2006-2007 General Fund Budget in order to reflect a donation to the Department of Public Safety.


 


 


Communication from Commissioner of Planning in relation to the appropriation and re-allocation of Community Development fund balance.


Ordinance amending the Community Development fund balance by appropriating fund balance and allocating such increase to the Rehabilitation Revolving Fund Program.


 


Communication from Director, Youth Bureau, in relation to an amendment to the General Fund Budget to reflect an increase in receipts and expenses for the Summer Excel Summer Camp at Ridgeway School.


Ordinance amending an ordinance entitled, “An ordinance authorizing an amendment to the General Fund Budget to reflect receipt and expenditure of camp fees for the Summer Excel Summer Camp at Ridgeway School.”


 


Communication from Director, Youth Bureau, in relation to a contract with the White Plains School District to operate and staff Club Excel.


Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a contract with the White Plains School District to operate and staff Club Excel After School Program Learning Centers.


 


Communication from Director, Youth Bureau, in relation to a grant from the White Plains Downtown Business Improvement District in support of the Downtown Street Ambassador’s Program.


Ordinance amending an ordinance entitled, “An ordinance authorizing the Mayor to accept the amount of $500 on behalf of the City of White Plains Youth Bureau, from the White Plains Downtown Bid.”


Communication from Deputy Director, Youth Bureau, in relation to a contract with the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMSHA), to receive a grant in the amount of $100,000.


Ordinance authorizing the Mayor to enter into a contract with the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMSHA), to receive a grant in the amount of $100,000, to provide substance abuse prevention services to White Plains youth.


 


Communication from Director, Youth Bureau, in relation to a contract with Student Assistance Services Corporation (“SAS”) to train and provide a Project Success Counselor to work at White Plains Middle Schools.


Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a contract with Student Assistance Services Corporation (“SAS”) to train and provide a Project Success Counselor assigned to work at White Plains Middle Schools.


 


Communication from Director, Youth Bureau, in relation to a grant in the amount of $58,242, from the Westchester Clubmen to operate the Higher Aims Program.


Ordinance authorizing the Mayor to enter into a contract with the Westchester Clubmen to receive funding in the amount of $58,242, to operate “The Clubmen Higher Aims Program” for the period of October 1, 2006 through June 30, 2007.


 


Communication from Director, Youth Bureau, in relation to an award in the amount of $2,000 from the Association of New York State Youth Bureaus Board, to support the Youth Board Development II Training.


Ordinance authorizing the Mayor to accept an award in the amount of $2,000, on behalf of the City of White Plains, an award to the Youth Bureau, from the Association of New York State Youth Bureaus Board.


 


Communication from the Mayor in relation to the extension of Compensatory Benefits for City Officers and Employees who are members of the Armed Forces Reserves ordered to active military duty as a result of Executive Order 13223.




Ordinance amending an ordinance entitled, “An ordinance granting Compensatory Benefits for up to six months to City Officers and Employees who are members of the Armed Forces Reserves and who are ordered to active military duty pursuant to Executive Order 13223 signed by the President of the United States on September 14, 2001, or other duty compelled by Federal or State Law related to the terrorist attacks of September 11, 2001.”


 


Communication from Chairman, Traffic Commission, in relation to proposed amendments to the Traffic Ordinance at various locations around the City.


Ordinance amending the Traffic Ordinance of the City of White Plains in relation to No Parking, One Hour Parking, Two Hour Parking Monday through Friday, and No Standing At Any Time.


 


RESOLUTIONS:




Communication from Corporation Counsel in relation to the waiver of interest due on overdue taxes on the property known as 24 Fisher Lane and now owned by the Metropolitan Transportation Authority.


 


Resolution of the Common Council of the City of White Plains reducing or remitting in whole or in part interest and penalties associated with the accrual of past taxes against the premises known as 24 Fisher Lane and now owned by the Metropolitan Transportation Authority.


Communication from Commissioner of Planning in relation to a Memorandum of Understanding between the City of White Plains and Royal Charter Properties Westchester (aka New York Presbyterian Hospital), located at 120 Bloomingdale Road.


Communication from Environmental Officer


Resolution of the Common Council of the City of White Plains authorizing the Mayor to sign a Memorandum of Understanding between the City of White Plains and Royal Charter Properties Westchester, Inc. (aka New York Presbyterian Hospital).


 


Communication from Commissioner of Planning in relation to a Tax Abatement Agreement for the Armory Plaza Apartments.


Resolution of the Common Council of the City of White Plains terminating the Tax Abatement Agreement with Armory Plaza Associates, authorizing a Tax Abatement Agreement with the new owner(s) of the Armory Plaza Apartments, and approving the formation of either a re-development company under Article V of the New York Private Housing Finance Law (“PHFL”), or a housing development fund company, under Article XI of PHFL, to own the Armory Plaza Apartments and maintain same as low income senior housing for a period of 30 years.


 


ITEM FOR REFERRAL:




Communication from the Deputy City Clerk in relation to an application submitted on behalf of Heyman Properties, LLC, White Plains Plaza Realty, 1 North Broadway, for an amendment to a previously approved site plan, and submitting a revised photo rendering of the proposed improvements to the lobby area.


Communication from Commissioner of Planning in relation to an application submitted on behalf of Heyman Properties, LLC , White Plains Plaza Realty, 1 North Broadway, for an amendment to a previously approved site plan, and defining the process to amend the Special “S” Zone approval on the property


Communication from the Deputy City Clerk in relation to a request submitted on behalf of Pinnacle-Westchester LLC, for a six-month extension with regard to the submission of a Guaranty Agreement and Posting of Financial Security, with respect to the proposed construction of fifty-two (52) units of affordable housing to be built at 260 Main Street.


 


Communication from the Deputy City Clerk in relation to a request submitted on behalf of Jefferson at White Plains, L.P., 300 Mamaroneck Avenue, for an amendment to a previously approved site plan to reallocate parking on the property as a result of changes in the City’s trash collection procedures, and authorizing the use of the model unit for residential use.


ITEM FOR INFORMATION:


Communication from Commissioner of Planning in relation to the requested submitted on behalf of Jefferson at White Plains, L.P., 300 Mamaroneck Avenue, for an amendment to a previously approved site plan to reallocate parking on the property as a result of changes in the City’s trash collection procedures, and authorizing the use of the model unit for residential use.

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Hits Keep on Coming from Westchester’s Super Producers – Katz & Katz

Hits: 0

WPCNR STAGE DOOR. By John F. Bailey. October 2, 2006: The Irvington Town Hall Theatre was filled to capacity two nights in a row over the weekend thanks to the uncanny sensitivity of what the public wants from a non-profit theatre-producing team that has been entertaining Westchester for 27 years. They’re “The Schuberts of White Plains”  The First Lady of Westchester Theatre, Susan Katz and the thorough and meticulous “phantom in the wings,” her husband, Peter Katz. Ms. Katz is the lady with the intuition for programs that pull in the audiences. Mr. Katz is the marketing genius who puts the customers in the seats. The pair of impresarios have been quietly running Westco Productions for 27 years.  Westco is Westchester’s first non-profit professional theatre group, and the Super Producers have never had to explain deficits to their Board of Directors – because Westco has never run a deficit.


 



That Old Smoothie, Livingston Taylor — the Victor Borge with a guitar — and fingers that make one guitar sound like a bunch of sidemen, and can make a keyboard sing entertained, charmed and inspired with his satire, wisecracks, and soulful songs of the human spirit Saturday night before another sellout for the Super Producers. Photo, Courtesy, Westco Productions.




Because The Katzes Know theatre. The hyper-enthusiastic Susan Katz chooses the programming for the public events, while her husband, Peter Katz handles the marketing. Though Westco is the beneficiary of some 22 public foundations, the public events have to work and draw patrons, because the proceeds of these performances like Livingston Taylor and Judy Collins pay for the staging of performances in hospitals for children, kids theatre workshops, Broadway Babes, and other Westco firsts.


 



Artist Livingston Taylor, with The First Lady of Westchester Theatre, Susan Katz after Mr. Taylor’s performance Saturday night. Photo, Courtesy Westco Productions.



 There was tangible evidence that Westchester’s “Super Producers” know what the Westchester audience wants in the Friday and Saturday evenings in one of Westchester County’s theatre masterpieces, The Irvington Town Hall Theatre.


 



 


When Livingston Taylor strode on stage in his Brooks Brothers blue shirt, preppy sweater, sharp-pressed slacks and bowtie, reminiscent in appearance of a Smothers Brother, I, not knowing the performer did not know what to expect. Warming up on chords he set the audience at ease in what seems to be the new style of concerteers today – building and working rapport with the audience – raconteuring and treating the theatre as if it was their living room – like the Playboy Mansion party.


 


The 400 patrons of the arts in the seats knew him. Mr. Taylor proceeded to win me, a brutal critic of folksingers, over with a combination of humor, virtuoso six-string guitar playing, and conversational quips and facial quirks and his sensitive songs – a little bit ballad, a little bit pop, a little bit satire – that connected with the well-heeled upper middle class base that the Katzs know how to please.


 


Mr. Taylor, a songwriter and musician on guitar and piano, brother of James Taylor, performed selections from his newest CD, There You Are Again, the title song of which he performed in the second half of the two hour show  seemed to fly by. There You Are Again is quintessential Livingston Taylor, a song deeply personal we can all identify with, speaking truth to our soul, when we least expect it when we’re down the memory of an old flame “on the wind” puts us back on course.


 


Taylor tapped deep into the roots of folk music accompanying himself on piano  and on guitar on two civil war songs that spoke to the cost of war in a truly personal way – the thoughts of a Confederate soldier of his family as he lay dying which Mr. Taylor dedicated to his older brother Alex – and later on a new Taylor song, Carolina he sung of the thoughts of a soldier in the field as he spared the life of another soldier whose gun had jammed. Yes, they were war songs, but they spoke to the humanness inside of us all that in the callousness of today still is there. Taylor songs come together with the intricacies of lyric that rival Cole Porter in their inventiveness.


 


Taylor got into some old-time gospel music playing a mean black bottom piano where he sang two jubilant gospel songs he has written. The second, Step-by-Step chronicled the departure from faith that many experience in life in a most unique way – mentioning those modern scourges: drugs and alcohol – and how Jesus can bring you back. This brought out “Oh yeahs” from the gospel aficionados in the audience.  Taylor just makes those ivories sing behind his voice while when he plays guitar his fingered picks make one guitar sound like three. His playing “guitar sound beds” on his guitar while talking over his guitar playing and joking with the audience I liken to a Victor Borge playing the guitar.


 


This was particularly evident in Taylor’s tour de force, I Can Fly, a tribute to the pioneers of flight, Wilbur and Orville Wright in which he rhymed and worked in no nonsense words: hubris, heavier, Lilienthal, Langley, Chanute, pitch, drag, and thrust, warping and rudder into a song that like the Wright Brothers plane – flies!


 


(Taylor is artist in residence at Harvard University and a professor at the Berklee College of Music in Boston. He is an avid pilot with over 4,000 hours of flight time, hence his admiration of the Wright Brothers. He even flew his Cessna to Westchester County Airport for the concert.)


 


But I’ll say this, Mr. Taylor is the man who flies – rarely have I been at a concert particularly of the folk variety where some songs haven’t made me yawn with their simplicity of cliché and saccharine appeal to liberal bleeding hearts.


 


There are no simple Livingston Taylor songs. No Taylor songs that do not involve your heart, mind, feelings and mess with your head as all the great songs do. From I’m in My Pajamas to one of his spoofs of folk music “Railroad Bill” in which the songwriter and the main character argue in the song about what the main character will do in the song, every Taylor song makes you listen to each word to delve you deeper into the story of the music.


 


A song that connected with us old married couples was “Best Friends” that brought home the intangibles of marriage for some who perhaps had forgotten them. That’s why Taylor has been performing successfully for years on the concert circle, he sings about the truths of life.


 


Taylor even dueted on request of a young member of the audience on a request, “I wish I were a cowboy” that the young lady wanted to sing for her mother in the audience. Taylor made the most of this moment, getting maximum laughs without making fun of the young lady even sitting in the audience while she stood on stage with his guitar – and he got her to sing – dueted with her. Well, he was so much at ease it was all one big party Saturday night. Taylor had so much fun he sat on the stage signing autographs for 45 minutes after the show. At one point in the show Taylor said how much he was enjoying this (putting on the concert), it showed.


 


 


 



The previous evening on Friday night, the Westco Wizards drew another enthusiastic and attentive audience to see internationally acclaimed Russian artists, headlined by violinist Mela Tenenbaum in a chamber concert celebrating Mozart’s 250th birthday. Photo, Courtesy Westco Productions


 


An all-star phalanx of some of the world’s top symphony orchestras drew an entirely different and attentive audience. In addition to Mela Tenenbaum,, the resident solist with the Kiev Chamber Orchestra from 1979 to 1989, concertmaster of the Philharmonica Virtuosi from 1993. Before leaving the Soviet Union, she premiered numerous works written for her by Russian and Ukranian composers. She has soloed with the Seattle Chamber Music Festival, Arcady Music Festival and the Indian River Festival in Canada and Friday night she was brought to Irvington Town Hall Theatre by Westco. 


 


 




Ms. Tenenbaum, shown here,  was joined by her husband in the all-star ensemble, Alexandr Tenenbaum, who has toured the world and held down principal violin with the Kiev Chamber Orchestra and State Symphony Orchestra and Russia’s Perpetuum Mobile. Photo, Courtesy Westco Productions


 


Another star in the Westco “company” is the Irvington Town Hall Theatre. The acoustics were praised by Judy Collins who appeared last month brought in by Westco in Ms. Collins first Westchester appearance in years. She has even agreed to come back to do another concert for Westco in the spring.  The Irvington ambience was praised again by Mr. Taylor Saturday night.


 


The Tenenbaums had the best praise, being especially pleased with the aliveness of the sound. Considering their experience it was high praise indeed. The Irvington Town Hall Theatre is theatre nostalgia. Its balconies overlook the proscenium, much like Old Ford’s Theatre. Its unobstructed sweep of first level seats and graceful balcony rake and lacquered floors and comfortable antique seats make an theatre goer feel like they are in a theatre, and a performer feel an initimate connection with the audience and the performers past.


 


The secret to the Katz’s success: noting successful acts across the country, knowing the tastes of their audiences, pricing it right, and an easy-going intelligent negotiating technique.  They command a high degree of respect among artists, agents, stage organizations for the way in which they treat artists, performers, managers, technicians and theatrical suppliers before, during, and after the show.


 


Westco and its Super Producers are a non-profit theatre operation that is totally professional.

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