Tigers Play Clarkstown North in Sectional Semi Final at 1

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WPCNR PRESS BOX. May 27, 2004: The Varsity White Plains Softball team plays Clarkstown North at 1 o’clock today on O’Donnell’s Bluff, White Plains High School in a Section I Playoff game. The single elimination playoff will pit the winner against either John Jay of East Fishkill or Arlington in the Championship.

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Council Ups Affordable Ante for Cappelli. Discards Hockley Density Bonus Plan

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. By John F. Bailey. May 26, 2004: Louis Cappelli and his entourage appeared during the post-budget work session at City Hall Wednesday evening to discuss the Land Distribution Agreement for the 221 Main Compelli Hotel project. In the course of those discussions the Council agreed they needed to up the fee per unit Mr. Cappelli would pay in lieu of supplying actual physical units for affordable housing in is Condoplex and possible Apartment Tower at 221, and also at the Trump Tower at City Center.


The fee (suggested by Councilman Benjamin Boykin) moves tentatively to $35,000 per unit from $25,000, for each of 35 units meaning Mr. Cappelli would pay a fee of approximately $1,225,000 to be paid the city into a fund to aid persons eligible for “affordable housing,” defined as persons earning 50% to 70% of mean income ($80,000).



Hockley’s Density Bonus Plan Panned by Colleagues: Councilman Glen Hockley offered an impassioned plea for a Density Bonus Plan where Cappelli’s 221 Main Condoplex could increase in size and provide rental units in addition to those already planned for the project. Ms. Malmud, Mr. Roach, Mr. Boykin, and Mr. Greer rejected the concept. Photo by WPCNR News.


The increased ante, was arrived at after a suggestion by Councilman Glen Hockley was made that White Plains should consider a Density Bonus Plan by which Mr. Cappelli’s 221 Main Project would be expanded by 31,500 square feet UP from 890,000 square feet, in order that Mr. Cappelli could actually supply 35 “affordable” rental units on the site as part of the planned “apartment tower.”


Benjamin Boykin told Glen Hockley, “You don’t get it,” when Hockley presented his Density Bonus Plan. Boykin added when he was asked about Mr. Cappelli’s per unit fee, that he felt Cappelli should pay more per unit, and asked for a figure, said “$35,000.”


Malmud Balks.


Rita Malmud acidly remarked that Cappelli, by the council’s present legislation on the books, has to supply 35 units or an equivalent in the present density  (890,000 square feet) that the Council had negotiated hard with Mr. Cappelli to achieve, rebuking Mr. Hockley for offering more density for something they already had in place.


Hockley said he was presenting the plan to provide physical units and actually get persons into units instead of just acquiring money and no actual physical apartments that were “affordable.” This caused a nasty ongoing exchange of words between Mr. Roach and Mr. Hockley throughout the 40-minute discussion with Hockley miffed that his plan was being rejected out of hand by Councilpersons Malmud, Roach, and Boykin, with Mr. Greer staying out of it.


Mr. Cappelli was very neutral in this discussion advocating for either  way a flat fee or a density bonus plan, noting that money could leverage more persons into homes, as he has said in past discussion.


Malmud Suggests New Option Legislation.


Ms. Malmud said she wanted new legislation on the affordable housing issue as it applies to condominiums, giving the city three choices of meeting the “affordable housing requirement.” She suggested new legislation offering 1.) A buyout (where in Mr. Cappelli’s 221 situation, he pays a fee; 2.)Actual rental units in cooperative or condominium units, or 3.) Land acquisition (where the city would build affordable housing). It was agreed that Commissioner of Planning Susan Habel would research the cost of a typical condominium unit and arrive at a formula that would arrive at a fee per unit.



GRETSAS suggests Habel research fee.  Trying to move the issue, Executive Officer George Gretsas emerged from the Mayor’s offices to suggest Commissioner of Planning Susan Habel research condominium and coop prices to arrive at an reasoned fee Mr. Cappelli should pay per unit. Mr. Gretsas, who is reported mulling his Fort Lauderdale offer was not available for comment on his decision or whether he had reached agreement on the City Manager opportunity. Photo by WPCNR News.


The figure $35,000 was agreed upon as a starter figure per unit, pending Ms. Habel’s research. The legislation Ms. Malmud spoke of would not apply to the 221 Main project under discussion. The $35,000 figure, pending Ms. Habel’s research could go up or down, but needed to be finalized for the targeted June 7 vote on the 221 Main Cappelli Condoplex.


SuperDeveloper to Retain Rights to “airspace,” has other uses for City Center airspace.


Louis Cappelli expressed his intention to retain his rights to purchase the remain square footage of air rights over the City Center Parking Garage. This came to light when Rita Malmud asked if the city had gotten its $334,000 check for the rest of the City Center air rights. Mayor Delfino and Ms. Habel said they received a check for $334,000 Monday.  


Cappelli said he decided to purchase the rest of the air rights after saying he was deliberating whether or not to do so last week since he did not need it to build at 221 Main. He said he was contemplating developing the remaining 85,111 square feet of development space over the garage in the future.

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Council on Target to Terminate Parking Authority.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. May 26, 2004: Edward Dunphy, City Corporation Counsel reported to the Common Council this evening that the council would receive a home rule resolution to vote upon at their June 7 Council meeting to pave the way for dissolution of the White Plains Parking Authority by the State Legislature. Mr. Dunphy reported that in conversations with White Plains Albany representatives this afternoon that Adam Bradley of the 89th District in the Assembly, and Suzi Oppenheimer, State Senator would sponsor rules bills in the Assembly and Senate respectively. “We even have the Senate Bill Number and the Assembly Bill Number” Dunphy said.



DUNPHY reports status of Parking Authority Legislation. Photo by WPCNR News


Dunphy said the council would also receive legislation for action at their June 7 meeting that would establish a Department of Parking that would take over all White Plains Parking Authority functions. Dunphy noted  in response to questions by Councilwoman Rita Malmud that the Parking Authority Operating Agreement established between the city and the Parking Authority in 1997 established the city’s right to take over certain Parking Authority functions if they chose to do so.



“YOU GOT IT.” Assemblyman Adam Bradley speaking to WPCNR at his FundRaiser at Coughlin’s Thursday night, said the Rules legislation would be offered as soon as he received the White Plains home rule request, saying that if the Common Council and the people of White Plains felt the dissolution of the Parking Authority was in the city’s best interest, he would support it. Photo by WPCNR News.


Dunphy said he had been assured by Mr. Bradley and Ms. Oppenheimer that all was on schedule to pass the legislation terminating the existence of the Parking Authority by June 30, allowing the city to absorb all the Parking Authority assets and properties, including its $7.5 Million Fund Balance.


 Ms. Malmud queried Dunphy on whether these funds had to be dedicated to parking, or whether they could just go into the general fund. Dunphy said they could be included in the general fund without being dedicated to any specific use. She asked what would happen if the homerule and Parking Authority Dissolution Legislation were not to pass by June 30. Dunphy said based on his discussions with Rome, New York, that he expected the city could absorb the assets anyway for the 05-06 budget year.


No other Councilperson asked any questions about how the city would organize the new Department of Parking, and who would run it. Paul Wood, City spokesperson, when asked if Albert Moroni and John Larson, the Executive Director and Deputy Executive Director would head the new Department of Parking said he did not know. It is assumed that is what would happen, but no councilmember  asked that question.


Mayor Joseph Delfino announced that a presentation of the Department of Parking structure and organization would be made to the Parking Authority Board June 14, which may be the last meeting ever of the White Plains Parking Authority Board.


In a possibly-related Parking Authority development, William Holzel, a member of the Parking Authority Board who had voted to hire outside counsel to research legal issues for the Parking Authority Board three weeks ago, faxed his resignation to the Mayor today.

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Council Bond Plan Limiting Borrowing for Pensions Wins. Raises 4% for Commishes

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. May 26, 2004: As Decision Night hour (or Decision Afternoon, as the case may be), on the 2004-05 budget for the City of White Plains approaches, it appears, based on the documents about to be considered by the Common Council this afternoon at 4 P.M., that the city budget will rise to $114.8 million. This budget calls for a 12.7% City Property Tax increase, Councilperson Rita Malmud said today. Malmud told WPCNR that the city was going to bond for $2,350,000 as proposed by the Common Council so the city would not have to bond for the entire $4.1 Million due to the state pension fund. The increase over the current year budget is 8.9%, according to Anne Reasoner, the Budget Director, in Common Council backup documents.


WPCNR has also learned based on preliminary examination of this afternoon’s collateral materials, (which do not show previous year’s salaries), that City Commissioners, including the Mayor’s Executive Officer appear to be getting across-the-board 4% salary increases in fiscal 04-05. Should Mr. Gretsas remain with the city through the start of the 04-05 fiscal year his pension salary would be based on $130,000.  The Common Council, Ms. Malmud said, is not receiving an increase in their salary which remains at $33,719. The Mayor is not taking an increase either. His Honor remains at $134,875.


The Common Council also will vote on whether to continue transfer of parking ticket fines from the Parking Authority into the City Economic Development office in 2004-05, for another year, continuing that revenue stream.  


A resolution calling for dissolution of the Parking Authority, requiring a resolution on the part of the Common Counsel is not on the agenda at this time.


Earlier this week, Assemblyman Adam Bradley told WPCNR he has readied legislation in the New York State Assembly calling for dissolution of the White Plains Parking Authority by the state legislature, but in order to introduce it, he needs a “home rule” resolution from the City of White Plains, requesting that. As of Tuesday, no such resolution had been offered up for Council consideration.


$37.8 Million in Sales Tax Budgeted.


There is no change in the sales tax revenues projected in the new budget.


Ms. Malmud said she had been assured by the Budget Office that sales tax revenues would come in at 10% over last year’s receipts, that would find the city collecting $37.8 Million in sales tax receipts in 2004-05, and that is what is budgeted for, accordingly. Malmud said she had heard a figure announced for estimated sales taxes in April of this year, and noted that the city would not know the actual figure until the state conducts its “reconciliation” at the end of the fiscal year.

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200 WPHS Students Recognized

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WPCNR SCHOOL DAYS. From Michelle Schoenfeld. May 25, 2004: Over 200 students received awards at the annual White Plains High School Underclass Award Night held last month.  Included were the following book awards from various colleges and universities:

 


           


Anya Brown received the Barnard in Westchester Book Award; Zachary Kaye, Brown University Book Award; Dorotea Szkolar, Bryn Mawr College President’s Book Award; Hannah Chang, Colgate Book Award; Max Kravitz, Columbia University Book Award; Rachel Silverman, Cornell University Book Award; Danielle Cohn, Harvard Prize Book Award; Ewa Gorczyca, Mt.  Holyoke Book Award; Janice Kim, Oberlin College Alumni Book Award; Lauren Cokely, Rutgers University Book Award; Yesenia Aguilar, Smith College Club Book Award; Marten Coulter University of Michigan Club of Westchester Book Award; Shira Wrightman, University of Pennsylvania Book Award; Naama Wrightman, Wellesley College Book Award; Sarah Kellogg, Williams College Book Award; and Elizabeth Newman, Yale Book Award.


 In other presentations, Joshua Daskin received the West Point Award; Juliana Neuspeil was given the Community Ambassadors Abroad Scholarship; Nicholas Hajal received the Rensselaer Medal; and Continental Math League Awards went to Susannah Genty-Waksberg, Danzhou Li, Madelyn Petralia and Jacaob Roby.

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The 2004 Junior Champions, League 1-B

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WPCNR PRESS BOX. May 25, 2004: The White Plains Varsity Softball Team plays Clarkstown North  this Thursday afternoon  in the Semifinal round of the Sectionals, after polishing off Saunders, 18-0 Tuesday.


Meanwhile, last week the other softball Tigers, the JV,  all former players in the White Plains Little League, and participants in  Softball Coach Ted O’Donnell’s winter clinics won the League 1-B Junior Varsity Championship, beating Yorktown twice in three days, 3-2 and 5-4, (a pair of thrill-as) to achieve it. The two losses to White Plains were the first time Yorktown’s Junior Varsity had lost in two years. The Tigers, under Coach Alberto Minotta,  won 11 straight league games, to finish 15-3-1.



The Junior Champions:


 Back Row, L to R, Jen Morricone, Lauren Kroutil, Meg Laub, Egypt Vlymen-Williams, Abby Rudow, Jen Gilch, Lisa Tompkins, Michelle Portillo.Front Row: Christine Giansante, Nicole Cordola, Emma Cornfield, Kailey Mecia, Meg O’Keefe, Juliana Bailey. Coach Alberto Minotta.Not pictured, Laura Cedrone.


 


 



IN ON THE BUNT: Michelle Portillo, third base, Juliana Bailey, and Kailey Mecia, at first, charging a bunt at Ursuline. The infield of Portillo, Kroutil, Gilch and Mecia meshed as the season went on to perform flawlessly against Yorktown in the clutch. Mecia’s throw from first on an fielder’s choice to Emma Cornfield at home cut down the tying run at the plate in the seventh at Yorktown to preserve first place with a 5-4 win. Christine Giansante’s grounder after Lisa Tompkins had walked and moved to third drove in the winning run in the sixth.  Photo by WPCNR Sports.



THE LITTLE ENGINE AND POPCORN:  Batterymates Juliana Bailey, left, and Emma Cornfield worked together spinning 7 shutouts, with The Engine averaging 10 strikeouts a game, (and no walks) and Popcorn having only 1 dropped third strike in all the games she caught. The duo recorded 4-0 and 7-0 wins over New Rochelle and Ursuline and 3-2 and 5-4 wins over Yorktown.  Michelle Portillo pitched a  gutty, key complete game 9-3 win over New Rochelle just before the showdown in Yorktown to position the Tigers for the  final Yorktown showdown. Photo by WPCNR Sports


Lauren Kroutil at shortstop had the ability to make the big play in the clutch. Laura Cedrone, the centerfielder and leadoff hitter set the table and had solid coverage in the outfield. Second baseperson Jen Gilch had good range and backed up flawlessly when firstbaseperson Kailey came in on a cover. Kroutil, Gilch and Mecia batting 2-3-4 not only hit for power but moved the runner unselfishly. Egypt Vlymen-Williams emerged as a rangy natural centerfielder in the Yorktown games. Christine Giansante, Nicole Cordola set the table, started rallies and got on when they had to. The team won because they played as a team.



THE LAST WARMUP TOGETHER: Coach Minotta works out “Cor DOE -la” “Popcorn” “Megan Laub” “GeeANNSante” and his Champs for the last time Friday. The team turned in their Orange and Black today. Photo by WPCNR Sports.


 

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Parking Authority Board Reverses Itself. To Ask for Dunphy Op on Legal Issues

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WPCNR METER WATCH. By John F. Bailey. May 21, 2004 UPDATED 2:00 A.M. E.D.T.: Eight days after voting to seek private legal counsel to advise them on legal issues on the city plans to dissolve the Parking Authority, the White Plains Parking Authority Board voted 4-0 with one abstention (Timothy Sheehan) to unhire its legal counsel Thursday evening, after an Executive Session. WPCNR has also learned the Parking Authority funds, by the State Parking Authorities Law, cannot be transferred onto  the city books until the Parking Authority “ceases to exist.”



THE CITIZENETREPORTER’S LAST SIGHT of the Parking Authority Board seconds after Tim Sheehan, WPPA Board Chair, made a resolution asking for an Executive Session to discuss the Dunphy-Delfino Legal Counsel Hissy Fit last week, declaring the WPPA Board had no right to hire its own legal counsel.  Left to right, (not seen) are Michael Amodio, Frank Cantatore, Carolyn Abramowitz, Mr. Sheehan, Al Moronie, Parking Authority Secretary and Carl Perri.  Photo by WPCNR News


 


 


The resolution was learned to be a prewritten resolution he presented to the Board pretyped because  reporters present saw it was typed with Sheehan penciled notations upon it, after it was approved. At 7:20 the media was allowed to reenter the room. Mr. William Holzel who voted for independent legal counsel last week did not attend, no reason given by Mr. Sheehan, and it was learned Paul  Zaferiou was taking inventory at Nieman-Marcus. Mr. Moronie and the secretary soon followed reporters out of the room. Seasoned observers of WPPA meetings said Executive Sessions were almost unheard of up until this year, and there have been at least two in a week.


Journal News Editorial Influences the Reversal.


Afterwards, WPCNR asked Mr. Sheehan why the authority reversed itself. Mr. Sheehan said, “In light of the Journal News Editorial this morning, we felt we had to move this issue (of dissolution of the Parking Authority).” Asked if this meant that The Journal News dictated WPPA Board policies, if The Journal News did not like something they did, Sheehan denied this, after just saying they had.



SHEEHAN EXPLAINS IT ALL AGAIN: Mr. Sheehan holds an impromptu Q & A with reporters after the resolution passed 4-0 with him abstaining. Photo by WPCNR News


Sheehan with great dignity, gravely said the board realized the urgency of the matter, and Mayor Delfino’s concern. (Mayor Delfino was reported by The Journal News editorial Thursday as saying he withheld a consultant’s report on the proposal because the WPPA Board had their own legal counsel. Asked if The Journal News was simply manipulated by the case  Mayor Delfino  made to them, Sheehan defended the Mayor’s act as concern for the delay.


A Tight Timetable.


The Authority will ask Corporation Counsel Edward Dunphy for his legal opinion on the legality of dissolving the Parking Authority and appropriating its fund balance of $5 Million and change, all its revenues, and expenses into a separate city Parking Department. After hearing the Dunphy “take,” their pre-typed resolution (passed out to the Media in attendance) says they will then discuss an independent counsel under Mr. Dunphy’s tutelage, after hearing Mr. Dunphy’s analysis of the legal issues. (See complete resolution at end of this report.)


They also agreed to pay the legal representative retained by Carolyn Abramowitz last Monday afternoon up to $2,000 for whatever research and thinking he has executed so far. Afterwards, Sheehan was asked if the amount owned Sheehan’s law firm might be donated to charity, since it was Sheehan’s law firm, and Sheehan said he could not speak to that.


A Change of Heart. Dunphy’s Opinion Now Counts


Asked why the Board felt so strongly last week that it had to hire independent legal counsel, Carolyn Abramowitz said, she was concerned last week, but felt since she was going away for three weeks because her 37 year old son was being deployed by his National Guard unit, she felt she had to move this issue.


Michael Amodio, the other Board member said the same, saying they felt they had to have legal advice on the issues and now that Dunphy was going to offer opinion, he felt the resolution they passed Thursday evening could always consult legal counsel of their own at a later date. He was not asked why he felt Mr. Dunphy could offer a better opinion now than Dunphy could last week.


1955 Elmira Case Basis for Dunphy Dissolve Mechanism


Mr. Sheehan said that Mr. Dunphy would offer an opinion on whether the city could take the Parking Authority’s assets without the State Legislature officially dissolving the Authority before its life runs out naturally according to the Public Authority’s Law statute in 2010.


Asked where the Agreement between the city and the Parking Authority specifically says the Parking Authority is prohibited from using an independent legal counsel, Sheehan referred WPCNR to a section in the City Charter, but could not produce a copy of that section. City Hall, asked for such a provision, also did not supply it last week.



IMPROMPTU NEWS CONFERENCE: Carolyn Abramowitz, left, Vice Chair of the WPPA Board, and Timothy Sheehan, answering reporters’ questions Thursday evening. Photo by WPCNR News


Expounding generously with complete candor, Mr. Sheehan when queried by reporters as to the reason why the city feels it can dissolve the Parking Authority legally, cited a case in 1955 in the City of Elmira.


Sheehan said in that case the city of Elmira was going to give a sum of money for payments to that city’s Parking Authority to shore up a shortfall. The city was sued saying that Parking Authority could not accept a gift. The court, according to Sheehan, ruled that it was not “a public gift,” “the public was not involved,” and legal, which, in Sheehan’s opinion was very similar to what the city is seeking to do with the Parking Authority. But he was reserving judgment on Mr. Dunphy’s deliberation.


WPCNR asked Sheehan how could this case apply when it is exactly the opposite situation, where the city is twisting the Parking Authority’s arm to take their money. Sheehan said “Even though our situation is left-right, instead of right-left, I believe it is similar. That’s what we’re asking Mr. Dunphy to give an opinion on.”


Just a Minor Timing Problem:City cannot have the Money until Parking Authority no longer exists.


WPCNR asked Mr. Sheehan if he had a copy of the  Public Authorties Law covering the agreement under which the Parking Authority was created in 1947.


Mr. Sheehan magnamimously produced a copy and distributed it to reporters covering the event.


Upon examination of the document, WPCNR has discovered that the City of White Plains is prohibited from assimilating the monies of the Parking Authority until the Parking Authority is  “ceasing to exist.”


The third from last paragraph of the Public Authorities Law. & 1441 “Termination of the authority and disposition of its properties states:


The authority and its corporate existence shall continue only to the thirtieth day of June, two thousand ten, and thereafter until all its liabilities have been met and its bonds have been paid in full or such liabilities or bonds have otherwise been discharged. Upon its ceasing to exist, all its rights and properties shall pass to the city.


Resolution Not Written Yet: Sheehan


The city is running out of time to get this “dissolution” accomplished by June 30. If the Parking Authority is not dissolved by then, the city cannot carry the $5 Million and change on its books to apply cosmetic fiduciary enhancement to its less than $5 Million fund balance, the ultimate objective of the dissolution of the Parking Authority.


The Public Authorities Law passed by State legislature WPCNR reviewed does not appear to provide a mechanism within it for dissolving the authority prior to the 2010 without introducing legislation to the New York State legislature.


WPCNR is in the process of determining whether efforts have been introduced with Assemblyman Adam Bradley (89th District) or Assemblyperson Amy Paulin (88th District), to rescind the agreement effective June 30, 2004.


Mr. Sheehan said the resolution spelling out how the Parking Authority would absorb into the City of White Plains has not been presented to him yet. 


An Uninformed Editorial Mistaken on the Facts.


The Journal News Editorial alluded to by Mr. Sheehan,  misstates several conditions as their “informed premise” as to why the Parking Authority should be dissolved:


 1. The city does not pay the Parking Authority Debt Service as the editorial states. The city cuts the checks using Parking Authority generated and collected money to pay the debt service, while not (thanks to the existence of the Parking Authority), having to carry the debt on its books, which enhances their bond-rating.


2. The city does not pay the cost of policing and enforcing the Parking Authority facilities and provision of security, the Parking Authority revenues reimburse the city for those costs.


3. The city does not pay the cost of maintenance of the parking authority facilities. Again, Parking Authority revenues reimburse the city for those maintenance expenses, performed by the Department of Public Works.


Mayor Delfino in his impassioned pleas to the Editorial Board, apparently did not explain the subtle distinction between where the money comes from to write the checks on, to the well-meaning and concerned Journal News Editorial Board, or the Operating Agreement of 1997 where this information is contained.


Major Time Sequence Error by the Editorial Board.


The Editorial Board also states that “the lawyer’s hiring also led to the Mayor witholding from the parking board a consultant’s report that makes the case for the proposal.”


This reverses the sequence of events: The consultant report was released to the media on Thursday, May 6. A check with their own reporter would have confirmed that for the Editorial Board.


The Parking Authority met on Wednesday May 12 and that was when they voted to hire their own legal counsel, six days after the report was released to both WPCNR and The Journal News May 6.


In fact, before the WPPA Board had even voted to hire the independent council they had the report.


The Mayor released the report to them Wednesday May 12 because the report was on the table in the WPPA Conference Room when WPCNR covered the meeting in which the Messrs Holzel, Zaferiou, Amodio and Ms. Abramowitz voted to hire the legal counsel. It was in reaction to not knowing what the proposal was that the WPPA Board hired the legal counsel. Ms Abramowitz told WPCNR we just got that report today on May 12, apparently hastily delivered to WPPA Headquarters with hours of the meeting.


Apparently the Editorial Board was not clear on this time sequence after speaking with Mayor Delfino when he held his meeting with them Monday. The story announcing the report  May 7 appeared in The Journal News own pages, we believe.


The Resolution Passed by the Parking Authority  Board Thursday night.


The resolution passed with Messrs  Amodio, Cantatore, and Perri and Ms. Abramowitz voting for, and Mr. Sheehan abstaining and reads:


In recognition of the need to move forward on this issue regarding city’s proposed creation of a City Parking Department and The Board’s response thereto, the WPPA Board authorizes the following actions:


1. Recision of Board’s decision of May 12 to retain outside counsel,


2. Authorization of Board’s Vice Chairman (or her designation of any Board member other than the Chairman) to negotiate with law firm retained pursuant to Board’s May 12 decision to hire outside counsel and solicit an invoice from that firm for any legal work performed to date in a total amount not to exceed $2,000.00 and to assist in submission of the invoice for payment with appropriate City departments,


3. Authorizatin of Board’s chairman to forward this resolution to City administration and request transmission of Corporation Counsel’s formal opinion on the propriety of City’s plans to terminate the Authority’s operating agreement with the City, to create City Department of Parking and transfer of WPPA fund balances over to City,


4. After receipt and study of Corporation Counsel’s opinion, if WPPA Board feels that opinion of outside counsel is needed, the Board will discuss with City’s Corporation Counsel regarding retention of same.


 

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Malmud: Dunphy to Get Back to Her on Air Legal Questions. Berg: We own Half.

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. May 20, 2004: Rita Malmud, White Plains Councilwoman, advised WPCNR by telephone today she had shared her concerns with Corporation Counsel Edward Dunphy about Louis Cappelli’s statement Wednesday afternoon that he was considering not completing his purchase of the air rights over the City Center garage. Ms. Malmud said Mr. Dunphy advised her “he would get back to me.”



HOW MUCH AIR IS THERE? The City Center Air Rights on Display. Councilwoman Rita Malmud raised the question today with City Corporation Counsel Ed Dunphy on whether Louis Cappelli can build 221 Main with only half the air rights over City Center Garage. This is the City Center today, looking West from The Westchester. The Trump Tower at City Center is on the left at 20 stories and rising. The City Center Garage with air space above it is in the dead center of your picture. The Health Club on the City Center Garage roof is to the right and above the Chrysler sign. One City Place, the renting-up North Tower rises on the right. Photo by WPCNR News


Ms. Malmud defined her question as whether or not Mr. Cappelli needs to purchase “all the air rights” over the City Center Parking Garage, in order to build 35 stories at his 221 Main Street Cappelli Hotel/CondoPlex. She said that Mr. Cappelli paid the city $500,000 in May of 2002 and another $500,000 in May of 2003, and that he had another three years to purchase all the air rights in payments of $334,000, $333,000, and $333,000.



IN DELIBERATION: City Corporation Counsel, Edward Dunphy. Photo from WPCNR News Archive


Councilwoman Malmud raised the issue with WPCNR that “Cappelli doesn’t own all of them, and it is not clear whether he owns half the air rights.”



CAPPELLI’S RIGHT HAND MAN, Bruce Berg, (left, with Mr. Cappelli, March 25), President of Cappelli Enterprises, returned WPCNR’s call to report that “I own half the air rights, and that is all I need to build (221). I paid $1,000,000 for half the air rights.”WPCNR asked if this is the way the contract to purchase the air rights was written, (incremental transfer of ownership), and Berg said, “Yes.” Photo From WPCNR News Archives.


WPCNR has placed a media inquiry with City Hall as to whether any air rights remain over the City Center Parking Garage, and what the total square footage of air rights existed at the outset of the Cappelli air rights deal. However, the question that arises is whether the air rights if Mr. Cappelli chooses not to purchase the balance of the as-yet-undefined square footage, are worth anything now that the health club has been built.


Ms. Malmud noted that Mr. Cappelli has to pay his $334,000 to continue his purchase within the “next few days,” or several weeks thereafter. The city could use the $334,000 in its general fund, considering its tight budget squeeze. WPCNR is attempting to determine if Mr. Cappelli does not make the $334,000, whether the rights revert to the city, or could be sold off to another developer.

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Tale of Two Sites: One Longhitanos Were to Develop. One They Might.

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WPCNR MAIN STREET MANEUVERS. By John F. Bailey. May 20, 2004: At the Wednesday afternoon introduction of the new sweptback design of Louis Cappelli’s “Three Crystals” Hotel & Condominium complex he proposes for 221 Main Street, he made reference to the “eyesore” of the Bar Building he is tooling his development around. In addition, Cappelli pointed out that Anthony and Frank Longhitano had, he alleged, had announced an intent four years ago to develop property of their own across from New Roc City, which Mr. Cappelli then owned, and had never done so after telling the New Rochelle City Government of their plans to develop it.


WPCNR learned of this seemingly incidental parallel “backstory” in January.  As a research aid, WPCNR photographed this Longhitano property  in January 2004, should this ever surface. WPCNR has also seen a letter from the City of New Rochelle informing Cappelli Enterprises of their decision to entertain a proposal from the Longhitanos, rather than explore Cappelli’s plans for expanding New Roc City across the street.  Mr. Cappelli expressed a desire for the Common Council to hold The Longhitanos’ to their promise to upgrade the Bar Building in a legislative manner.



LONGHITANO PROPERTY LAY UNDEVELOPED as of January 20, 2004 across the street from City Center. Bruce Berg, President of Cappelli Enterprises told WPCNR today that the point Mr. Cappelli was making was that the Longhitanos had promised the City of New Rochelle they were going to develop this property and did not. Four years later the property still looks somewhat the same. Photo by WPCNR News



LONGHITANO PROPERTY IN NEW ROCHELLE, January 20, 2004. Photo by WPCNR News

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Gretsas to Get His Contract Today.

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. May 19, 2004: City Executive Officer George Gretsas received heartfelt congratulations from members of the White Plains Common Council on his landing the City Manager job in the City of Fort Lauderdale Florida. A sheepish Mr. Gretsas handled sensitive questions with aplomb and tact from Councilmembers and WPCNR  in an impromptu news conference after Wednesday afternoon’s Special Meeting on the Cappelli project.



Councilmembers Robert Greer left, and Rita Malmud congratulate Executive Officer George Gretsas on his new Fort Lauderdale City Manager Offer Wednesday afternoon. Mr. Gretsas said he had not been made an offer yet by the City of Fort Lauderdale and expected to receive a contract from Fort Lauderdale Thursday. He said he had not prenegotiated the contract and that at the present time he was his own negotiator. He said his new city wanted him as soon as possible. He noted that any successor of his would be appointed by the Mayor, and indicated a nationwide search would not be conducted. He said he researched the Fort Lauderdale job between April 17 when he was notified by the Fort Lauderdale search firm he was one of the seven finalists and when he went down to Fort Lauderdale last week. He said he did not own land in Fort Lauderdale and that he had just inquired about a deck at the city’s Building Department to get a handle on city procedurals. Asked how the Fort Lauderdale City Commissioners seemed compared to the White Plains Common Council members, Mr. Gretsas grinned broadly and diplomatically said each group was equally distinguished. Asked how he planned to approach his assignment in Fort Lauderdale, Gretsas said he would seek his direction from the City Commissioners and carry it out. Councilman Benjamin Boykin noted to WPCNR that Gretsas’ selection was a tribute to what he accomplished in White Plains and our city’s progress. Photo by WPCNR News

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