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WPCNR Westchester County Clarion-Ledger. Special to the CitizeNetReporter February 12, 2007 UPDATED 10:40 A.M. February 13, 2007, UPDATED 2:15 PM: As first reported by WPCNR last night,  County Executive Andy Spano has redefined White Plains Councilman Dennis Power’s position in the county  government. Asked about Mr. Power’s qualifications for his new global warming mission with the Department of Environmental Facilities in New Rochelle, Ms. Greene said, “The position requires someone with  managerial ability and the ability to work with the public. Dennis fits both of these needs.”

Dennis Power Being Praised by Congresswoman Nita Lowey upon his being sworn in to the White Plains Common Council in January. Mr. Power has been reassigned by the County to the Department of Environmental Facilities, and will assist in County Executive Spano’s Global Warming Task Force, helping to prepare a non-binding Action Plan for Westchester’s communities to combat global warming.  Photo, WPCNR News Archive.

Mr. Power, according to the Department of Communications Donna Greene this morning is going to be reporting to Tony Landi, Commissioner of the Departmenty of Environmental Facilities. Power is being reassigned to that Department in their New Rochelle offices, to fill the need for more manpower on the County Executive’s Global Warming Task Force, according to Greene. Power is being reassigned to work specifically on preparation of the County Executive’s Action Plan on Global Warming for the county.

Greene said the County has not yet decided on a successor in Mr. Power’s position as Assistant to the County Executive for Economic Development.

She reports Mr. Power’s shift of duty had nothing to do with the alleged conflict of interest charges, but rather stemmed from the County Executive’s global warming task force need for more staffing to prepare a Global Warming Action Plan for the County. More staff has been requested by the Task Force Co-Chair Robert Funicello, she said. “The task force needs more staff and it seemed he’s a good fit.”

Brian Maloney  of the White Plains City Republican Committee, reported “the Power shift”  to WPCNR Monday evening that “(County Executive) Andy Spano has decided to transfer Mr. Power to a new staff position, that is being his representative on recycling matters and Westchester’s deep thinker on global warming issues.”

Maloney of the White Plains Republican Party is claiming vindication and a victory of sorts for his position taken on Mr. Power’s fitness for office during the recent Power-Cibelli campaign for the late Robert Greer’s Council seat. Maloney charged  that Mr. Power’s being appointed Assistant to the County Executive for Economic Development, (at a salary of approximately $76,000 a year) and being paid by the Westchester County IDA was a conflict of interest with his position as Common Councilman, and, Maloney alleged, a violation of the Hatch Act.

Maloney in a statement to the media said,  “The City’s conflict of interest investigation, and both the Federal Hatch Act investigation and the New York State Comptroller’s investigation was not going to end favorably for Power (both of which are still going strong.)”

 Maloney said in his statement that he had circulated to legal experts his proposed litigation papers that would petition the Westchester Supreme Court to force Power to resign from the either Common Council or his County  position. Maloney said former Attorney General Elito Spitzer’s chief advisors also supported this litutation. Maloney takes full credit for the upcoming reassignment of  Mr. Power saying, ” I am informed those papers were taken very seriiously by decision makers, and the “transfer” saved the county and the Common Council from serious embarrassment. “

 

 

WPCNR White Plains Law Journal. By John F. Bailey. February 11, 2007 With Copy of the Federal Court Decision: The 40-page Memorandum & Order issued by United States District Court Sourthern District Judge Charles Brieant  January 25, reveals changes in  White Plains-generated specifications during the course of construction which contributed to circumstances that  a project scheduled to be completed in one-and-a-half years took twice as long to complete.

 

Begun in January 2000, the “$28 Million” White Plains High School renovation was scheduled to be finished by September, 2001. It was not officially completed according to the architect until June 16, 2003, as described in the Court Order issued January 25.  The WPHS Class of 2003 spent their entire high school years with ongoing construction taking place in the school.

 

The Memorandum and Order would appear to indicate that White Plains City School District dispute with Travelers Casualty and Surety Company may cost the district more that the $2 Million speculated by Superintendent of Schools Timothy Connors to WPCNR last Thursday.

 

Payment Proposals Thursday

 

Both sides are to submit payment proposals on Thursday (February 15).  Depending on whether White Plains has already paid off contractors they signed liquidating agreements according to the suit, the payment to Travelers may be the only liability.  Mr.  Connors told WPCNR the $2 Million was the only amount outstanding but that he really did not have the final figure.

 

 

The Court Order indicates the amount in dispute owed by White Plains to Travelers to be $2,147,573.35  plus 3 years and 3 months of court-ordered interest, WPCNR has been told by an attorney familiar with such interest that it is paid at 9% a year 

The order  denies the White Plains counter claim against Travelers of  $7,295,564.31.

 

It is unclear whether the claims of other contractors (not the responsibility of Travelers) originally to be covered by the White Plains counter claim will be paid out of pocket by the school district now , or have already been paid. These figures are just what are contained in Judge Brieant’s Court Order, with the final monies scheduled to be discussed Thursday.

 

Road Map of the Decision

 

WPCNR has received a copy of Judge Brieant’s decision from the City School District and as a public service we are providing a transcript as follows:

 

To give readers a walk-through of the sections of the decision, WPCNR provides the following guide:

 

Pages 1 to 5 identifies the parties involved in the project and the lawsuit, filed by  Travelers Casualty and Surety Company, as Administrator for Reliance Insurance Company, against the City School District. Pages 1 to 5 described the timeline of events leading up the filing of the Travelers suit October 15, 2003, and White Plains “Counterclaims” against Travelers and Tratoros Construction for $7,295,564.31. (page numbers appear at the bottom of each page.)

 

Page 6 – 7  describes White Plains obligations to two other contractors F.A. Burchetta, Inc. (the electrical contractor) in the amount of $2,015,966.31  and Richards Conditioning, Inc. (the HVAC contractor) for $1,364,598 (not yet paid by the Board)

 

Page 8 notes the Judge’s decision on what White Plains owes Travelers for the unpaid balance of the bond contract ($1,026,019.76).

 

Pages 9- 23 describes a key architect change in the thickness of stone panels (1-1/2 inch as originally specified, changed to 2-1/2 inches, and the subsequent respecification of metal hangers to support the thicker, heavier tiles; RFPs, Trench Cover and  Change Orders

 

Pages 24 to 34 report the Judge’s conclusions on when the high school project was substantially completed which figure prominently in this Court Order going against the City School District.

 

Pages 35 to 38 report under the heading “Misconduct of the Architect,” the Judge details the circumstances that lead the judge to find misconduct.

 

Page 39 sets the date when the parties are to come to agreement on the payments owed Travelers.

 

Herewith, WPCNR Posts the Court Order in two parts  in the next two stories. Read the posting after next block to see Part 1 of the decison.