Council Requests Survey of Fire Safety on Buildings. Other Issues

 


 


WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. July 23, 2010:


 


The Common Council led by strong pressure from Councilpersons Beth Smayda, Milagros Lecuona and David Buchwald, extracted a promise from City Chief of Staff John Callahan to direct Buildings Commissioner Damien Amadio to survey buildings in the downtown to identify possibly unsafe buildings demonstrating the same conditions that led to the disasterous Bengal Tiger fire two weeks ago. Callahan also said possible code upgrades would be looked at.


 


Mr. Callahan informed the CitizeNetReporter the investigation into the cause of the July 7 Bengal Tiger fire had begun, but he had no time frame of when it was expected to be completed.


 


 



Amadio contrary to what he told the CitizeNetReporter two weeks ago,(where he said there were a number of buildings with similar pre modern code construction), said he was not aware of a great number of buildings similar to the Bengal Tiger construction, and said it was the city policy not to demand a building upgrade to sprinklers and fire alarms, but only to recommend it.


 


 Councilperson Lecouna and Smayda urged Amadio to execute a survey to identify possibly substandard buildings that presented possible threats to patrons, especially those containing restaurants. John Callahan, city Chief of Staff, said the city would undertake such a survey. Councilman David Buchwald asked Callahan and Amadio to examine would it would take to amend city code to require sprinklers and other such safety devices through the state code process.


 


Councilman Tom Roach said he was concerned basing safety standards solely on a use basis, because he did not feel the city had that right. 


 


Councilperson Lecouna expressed that a city Fire Marshall could simply refuse to give approval for a use or a renovation that he (the Fire Marshall) felt was unsafe, recalling a building she was involved in representing in Hastings, where exactly that happened. Such a conscientious official she said “could make a difference.”


 


Amadio said the Fire Bureau and the Building Department are very conscientious about conditions and buildings and consistently attempting to upgrade standards when they see shortcomings. (Except, perhaps in the case of the Bengal Tiger building which burned out of control for 11 hours two weeks ago in a building “grandfathered in,” having a common cockloft (roof attic area) and not having sprinklers in the Bengal Tiger where the fire started from unknown origins. )  John Callahan, City Chief of Staff told WPCNR the investigation into the cause of the Bengal Tiger disaster where no one was hurt, but 7 businesses were burned out, has begun, but there is no telling when the investigation will be completed yet.


 


In other council matters Thursday evening, attended by Mayor Bradley, Tom Roach, Beth Smayda, and Milagros Lecouna, with Benjamin Boykin and Dennis Power not in attendance…the following  developments are of note:


 


Church & Barket Rehab Facility


 


****** William Nicholson, CEO of The Congress Companies said the company was in the process of acquiring the Church Street and Barker property and was apply for HUD funding for a 6-story Rehabilation facility on the site across from the Avalon Bay apartments. A new double entry drive design was shown. Susan Habel said the project would be insured by Capmark, the entity insuring the Kensington assisgted living project going up on Lexington Avenue and Maple.


 


Insight from Habel on Substandard Housing analysis


 


******Commissioner Susan Habel explained that the new 2010-2014 Consolidated Plan identifying neighborhoods where substandard housing existed in over 50% of the homes was an effort to justify and retain  HUD Community Development Funds ($985,000) for addressing rehabilation of  1 to 2 family homes that had fallen into disrepair externally and to upgrade the neighborhoods by offering low cost loans of from 1% to 7% depending on income.


 


City Community Development Fund Loans are made on the following scale: elderly, a deferred lien, paid off on sale of the property; Moderate income, 1 to 5% interest;  absentee owner, 4 to 7% interest, Habel reported.


 


Her explanation put a more positive face on the blunt assessment that first surfaced at the Urban Renewal Agency introduction of the Consolidated Plan that 50% of  housing in Eastview, Carhart, Battle Hill,  Ferris Avenue, Fisher Hill and lower Highlands were substandard and blighted. Habel said about 300 homes were identified as having 4 areas of concern and that letters had gone out to those identified, notifying the owners of their eligibility for community development funds.


 


Quarterly Budget Monitoring


 


*******Mayor Bradley announced that the budget situation would be reported quarterly with the next snapshot of the budget coming in early October. The councilpersons in attendance agreed with that.


 


Lecouna: Cappelli Sales Office Should Come Down


 


*******Councilperson Milagros Lecouna expressed concern that the Cappelli Enterprises sales building, which was intended to come down after the sales of the Ritz Carlton condominiums and turned into open space had not come down yet. Chief of Staff Callahan said the city would explore this with Cappelli Enerprises. David Buchwald noted concern about the open space on the AT & T property on Main Street, across Martin Luther King Boulevard from the New York Power Authority. Callahan said he would explore that.


 


Status of Open Space Fund


 


*******Mr. Callahan reported that presently there is $130,000 in the Open Space Acquisition Fund which is funded by profits from Starbucks. The city receives $44,000  net of the $88,000 Starbucks pays to the city, with the other $44,000 going to pay the debt service on the Starbucks building which the city built on Renaissance Plaza. Callahan said Starbucks is not obligated to pay the city more until it passes $1.2 Million in revenues, which it has not met yet.


 


Comprehensive Plan Pre Planning Committee Being Selected


 


*******Mayor Adam Bradley said he would be forming a Comprehensive Plan Committee of 18 persons from the city, the administration and other interested parties to determine the process by which the city Comprehensive Plan would be reevaluated. He said he would have that list in October. The Common Council by a revision of the Charter made in 2006 would have the final say on who serves on that Committee. The process by which the Comprehensive Plan is to be redeveloped is due by January 2011.


 


New City Website Feature will Show Council Meetings Live in September


 


********John Callahan announced and demonstrated to the media the new city website process by which Common Council meetings, and other meetings if covered by Public Access Television  will be viewed live on the city website. The prototype was demonstrated to press in attendance and is quite impressive, with the ability to go directly to discussion and common council proceedings related to specific agenda items. Callahan said the system would be live after September 1. He said it costs the city $200 a month, and the program cost $3,700.


 


No City Policy to Regulate Business Hours


 


The Council was informed that it was the city policy not to dictate hours establishments could do business.


 


Press Policy


 


John Callahan confirmed the city press policy that media should contact Mr. Callahan at city hall first to pose a query and he would direct the media person to the appropriate Commissioner or city employee if Callahan could not answer the question.


 


Trolleys Being Purchased


 


In an ancillary discussion related to the Winbrook-Post Road Task Force, Commissioner of Planning alluded to the trolley shuttle (promoted by Councilman Benjamin Boykin). Asked about the status of the trolleys, Chief of Staff Callahan said two energy-friendly trolley-buses were on order at a total cost of $250,000 in federal grants. There was no date given when the routes were to be determined or the buses to arrive.

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Winbrook Revitalization a Long Way Off. Application for HUD funds Next June. Pla

 


WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. July 23, 2010:


 


Mack Carter, Executive Director of the White Plains Housing Authority,  painted a picture of a Winbrook Revitalization Project to five members of the Common Council that would be a product of the desires of  the citizens in adjacent neighborhoods after a community planning involvement process that he envisioned beginning this fall.


 


As part of this process, he said, community groups, residents of Winbrook and “stakeholders” from the business community around the city’s aging World War II vintage housing project would, in a series of meetings articulate their vision of the Winbrook of the future. Carter told the council a “feasibility study” was now being conducted by the designated, contracted developer combination of Jonathan Rose Associates and Avalon Bay, first reported by WPCNR three months ago.


 


 


 


 


 Susan F. Habel, Commissioner of Planning outlined a plan she asked the council to approve at their August  where the council would apply for a U.S. Department of Housing and Urban Development Community Challenge Grant. To qualify the city has to put up $1,000,000 for a possibility of getting a $5 Million grant from HUD.


 


The Council would commit $150,000 city cash and $200,000 in city services in contemplation of winning a Housing and Urban Development grant that could be as much as $6,000,000 towards the community involvement process.


 


Habel told the council the city had gotten a the Housing Authority to commit an additional $200,000 in inkind services, $150,000 dedicated to land acquisition from the affordable housing fund, and  gotten an academic-related institute, the Michaelian Institute of  Pace University to offer planning advice and the Regional Planning Association to participate for a seed “stake” of $1 Million, which HUD would match with possibly as much as $5,000,000 for the planning process. This would possibly be awarded by  HUD in October, Habel said.


 


The council is being asked to approve this commitment for the grant  at their August meeting in order for the city to apply for the grant that would help fund the Winbrook, Post Road, Lexington Avenue planning process that would follow the “Feasibilty Study.


 


Carter reported to the Common Council that the White Plains Housing Authority had signed a development contract in June  with Jonathan Rose Associates and Avalon Bay, (a development reported two months ago by  WPCNR). Jonathan Rose Associates and Avalon Bay, Carter told the Council  are currently devising and funding a “feasibility study” to come up with what is possible to be built on the Windbrook site, the ratios of affordable housing and market rate housing in each new replacement Winbrook building, as well as mixed use development. The feasibility study is expected to be completed by October, Carter said, and Ms. Habel said the feasibility study will be a spring board for community participation and the Task Force that will be expected to give input in the fall.


 


Asked by  Councilman David Buchwald about funding for the project, Carter acknowledged that because it took longer than expected to select the developers (Jonathan Rose and Avalon Bay), that the Housing Authority had been unable to file for funding from HUD by June of this year, when filing was due. He said they expected to be ready for file for HUD financing for the project in June of  2011. WPCNR notes that one year ago, when the Common Council approved the Winbrook rezoning project without a clear cut concept of what was being proposed, the reason for approving it was precisely for the Housing Authority to apply for HUD funds by this year.


 


Mr, Carter stated that no residents of Winbrook are expected to be moved out, that all occupants of the present 450 units would be moved into new units built one new building at a time. The project, he said would take about 10 years.  Councilperson Milagros Lecouna worried about the ration of the 15 story buildings of market rate income units to the affordable units for the Winbrook residents. Bill Null, the lawyer for the Housing Authority it would be about 90 Winbrook rerserved units to 160 for market rate units in the 185-250 unit buildings expected to be built. Lecouna wanted to know where those units would be located in the buildings. Null said this was one of the key components being tackled by the “feasibility study.”


 


Carter said it was premature really to be talking to the council as the feasibility study had not been executed yet. He assured the council  the Task Force that would draw out community input from stakeholders, residents, neighbors, and businesses along Post Road and Lexington Avenue would play a key role in devising the final design and components of the development. “This is not a hidden process. We want to be very transparent. It’s an open process.”

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Photograph of the Day: Bengal Tiger site Cleared? Cause soon?

WPCNR PHOTOGRAPH OF THE DAY. By the WPCNR ROVING PHOTOGRAPHER. July 22, 2010 UPDATED JULY 23, 2010.


It has been two weeks since fire raged for 11 hours, gutting the Bengal Tiger, and 7 other businesses on East Post Road. The site appears to be mostly cleared. John Callahan, City Chief of Staff confirmed to WPCNR Thursday evening that investigation into the cause of the fire had begun with no date set as to when the findings would be made public. (Explosions had been heard by firemen fighting the fire, during the course of the blaze, and smoke was seen before the incident was officially reported.)  Here is how the site looks today:



 

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Mayor Trial May Begin Late October. D.A. Will Not Disclose Number of Witnesses.

 


 


WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey.  July 22, 2010:


 


The trial of Mayor Adam Bradley of White Plains on 9 domestic violence related charges involving alleged actions against his wife may begin in late October with jury selection, Judge Susan M. Capeci  allowed today in a “readiness for trial conference.”


 



 


Westchester County Courthouse.


 


The Mayor in his dark blue suit gray shirt, dark tie appeared with his attorney, Luis Penichet approximately 10:13 A.M. in New York State Supreme Court this morning, after three previous cases of domestic violence involving violations of orders of protection were heard, one of whom was in handcuffs, who plead guilty.


 


The Judge called the prosecutor from the District Attorney’s Special Investigations Unit, Audrey Stone and Mr. Penichet to the bench for a conference, during which time, Mr. Penichet’s cellphone went off three times, which the Judge ignored. (Cellphones are supposed to be turned off in the courtroom, it should be noted.)


 


The Judge after a 40 second dissertation by Penochet and a brief comment by Stone, informed the courtroom that the case would next return to court September 23 at 9:30 A.M. for a pre-trial conference, with jury selection set to begin “during the October Jury term,” on October 20,21, and 22. The judge noted that she was presiding over another trial in the same approximate time frame, and the progress of that trial might affect when the Bradley case came to trial.


 


Audrey Stone, for the District Attorney’s Office, said the D.A.’s office was ready to go to trial with their case.


 


Asked how many witnesses the District Attorney would be calling, D.A. spokesperson, Tracy Everson, covering for Lucian Chalfen), told WPCNR the D.A. would not disclose the number of witnesses they would be calling. Ms. Everson also told WPCNR the D.A.’s office and Mr. Bradley’s legal counsel have been participating in an “open discovery” process.


 


Everson in a statement to WPCNR said:  “As to who might testify at trial, with who the potential witness would be, we are going to try our case in the courts and not in the media, so that’s when you will find out who will be called to testify at trial. The discovery material has been an open file discovery case, which means the defense was allowed to permitted  to review any and all documentation and evidence, the prosecution and the people hold.”


 


The District Attorney’s key witness in the case is Mr. Bradley’s mother-in-law, Kane Machinaga, who is presently in Japan. Ms. Machinaga assured the District attorney last month she would return for any trial date to give testimony. The district attorney’s office did not depose her on video tape in June, which had been considered at the time.


 


The Mayor faces charges of alleged assault in the 3rd degree, harrassment,violations stemmping from an alleged tea-throwing incident on January 11 of this year, in addition to assault in the third degree and three other counts regarding a alleged incident February 28 when the Mayor was charged for allegedly slamming his wife’s finger in a door.


 


The charges of withness tampering, 4th degree, Harrassment 2nd Degree and Contempt in the 2nd degree are a result of the Mayor’s alleged violating the order of protection against him five times.


 

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