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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By Peter Katz  on Special Assignment for WPCNR. July 6, 2006: It  was well after 11 pm when electricity filled the air at Wednesday night’s meeting of the White Plains Common Council. The council was in the midst of the scheduled public hearing on an amendment to the zoning ordinance which was presented as being an important step towards allowing developer Louis Cappelli to build a restaurant and spa in space atop his 221 Main Street project which had been reserved for mechanical equipment.

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After some members of the public spoke against the change, and others spoke in favor, it was the turn of Common Council members to outline their positions and say which way they’d be voting. Councilman Ben Boykin was first, praising Cappelli’s contributions to White Plains and stating that he’d be voting for the zoning change. Next, Council President Rita Malmud explained that the change, and addition of at least 55,000 square feet to the interior building space, was too much and, therefore, she’d be voting “no.” Councilman Thomas Roach also said he’d be voting “no.” Councilman Arnold Bernstein said he favored the change. Then, it was Councilman Glen Hockley’s turn. After explaining that, in his view, it made good business sense to meet the needs of Cappelli and the Ritz-Carlton Hotel he’s bringing to 211 Main Street, Hockley, referring to Council President Malmud, said:

“Our President, with all due respect, I have to say ‘there you go again.’ You know, it’s…we have had almost every major issue that comes in front of us an element of obstructionism, negativism, it’s undeniable. There are…one has to, as the President, I believe, be more progressive and get a consensus from the rest of the Council.”

Hockley then continued his remarks about 221 Main Street, and as he finished, Mrs. Malmud spoke up: “Point of order, Mr. Mayor…”

 Mayor Delfino attempted to move on, but Mrs. Malmud interrupted: “Point of order, point of order.” She said,”It’s forbidden for any Council member to make personal negative attacks upon any other Council member or members of the public. I take strong objection to the manner of Mr. Hockley’s speech. I think it was uncalled for and I ask that he be so instructed.”

 Mayor Delfino tried again to defuse the situation, noting that he’s been around White Plains a long time, and that in the past it wasn’t unusual for development proposals to be accompanied by differences of opinion. Delfino noted that he’d be voting in favor of the zoning amendment, and that adding 55,000 or 56,000 square feet to a project already containing 890,000 square feet of space is relatively minor on a percentage basis. With a glance at developer Cappelli who was sitting in the audience, Delfino said, “I think it’s the final change.” He then asked for a roll call vote.

 Then, Mrs. Malmud interjected, ”Mr. Mayor, I have to ask you to enforce proper decorum. You have rebuked members of the public in the past for personal attacks. I do not think that it is appropriate on our Council floor, by anybody, by members of the public or other Council people.”

 Delfino responded, “Mrs. Malmud, I can’t determine the impact of this personal attack that you’re so concerned about.”

 Mrs. Malmud replied, “Well, I’ve been called an obstructionist, that I have negativism, that I should be more constructive. I think that’s a negative personal attack.”

 “Well, I’ll discuss it with our legal counsel,” said Mayor Delfino, to which Mrs. Malmud shot back, “So will I.” The Mayor then said, “OK, by all means you should if you feel so strongly about it.” Mrs. Malmud responded, “I do.”

221 Height & Mechanicals Zone Passes

 The Environmental Findings Resolution and zoning ordinance for the Cappelli project both passed on votes of 4 to 2, with Malmud and Roach voting “no.”

 Council meeting had begun just after 7:30 pm, with tributes to the late Councilman Robert Greer, who died of ALS (Lou Gehrig’s disease).  

IN OTHER MATTERS

 

 The Council unanimously approved adding $75,000 to the fees being paid to the law firm of Miller & Van Eaton which has been retained to help the city negotiate renewal of the cable t-v franchise agreement with Cablevision, bringing the total to $160,000.

 It also unanimously approved floating $250,000 in bonds for storm water drain reconstruction, issuing $657,000 in bonds to pay for public works vehicles and equipment, and issuing $650,000 in bonds towards a new ladder truck for the fire department.

 The Council scheduled a public hearing for August 7 on a proposed new local law which would require the licensing of air pistols and air rifles sold or kept in White Plains. These also are known as BB guns and pellet guns. There would be a $10 annual fee for the license. If you get caught with an unlicensed air pistol or air rifle you could be fined from $100 to $500 and/or sent to jail for 30 days. Public Safety Commissioner Frank Straub, in a letter to the Council, said that White Plains police received nearly two dozen complaints about the guns in both 2004 and 2005.

A Bouquet to the Press

 As expected, the Council rescinded an ordinance from 1963 which placed restrictions on recording Common Council meetings. Council members used that agenda item as an opportunity to express their support for open government and the free flow of information. WPCNR previously has written about the storm which developed when administration officials tried to use the ordinance to stop White Plains resident Carl Albanese and WPCNR  publisher John Bailey from using their cameras during a Council work session.

ENCORE FOR STIMAC

 The Council passed a resolution consenting to the White Plains Performing Arts Center, Inc., extending its contract with Anthony J. Stimac for one year to remain as the WPPAC’s producing director. Council paperwork provided to WPCNR did not specify what Stimac’s salary would be, nor whether he would be full-time and exclusive to the WPPAC in view of the closing of the Helen Hayes Theater in Nyack, with which he also was associated.

On the WPHC Longview Avenue Matter

The Council resumed the public hearing on including property at 4 Cromwell Place within the East Post Road Phase II Urban Renewal Project boundary. This has to do with the 700 space garage which will be built to serve White Plains Hospital, a Sunrise assisted living development, and the general public. The property belongs to Legal Services of the Hudson Valley. Representatives of the agency spoke against the proposal, alleging that they have not been kept informed of what the city was doing, and that the garage would hurt their ability to help their clients (largely disadvantaged people who cannot afford to hire attorneys).

Planning Commissioner Susan Habel told the Council that the city has met with representatives of the agency, is very much aware of their needs, and has been making every effort to ensure that construction of the garage would not interfere with the agency’s work. She said that only a portion of the Legal Services property is needed for the garage, and that the agency would be fully compensated – including the city providing parking spaces for Legal Services use in the garage, at the city’s cost.

 Attorney Dan Seidel said that the garage property lies in the Bronx River Water Basin, and called for additional environmental reviews.

The Council unanimously approved conceptual site plans for the garage and an amendment to the EPR Phase II Urban Renewal Project boundary.

North Street Community Moved Up

The final hearing of the night was for the North Street Community LLC’s proposed senior residential housing and assisted living project on the St. Agnes Hospital property. After one resident expressed concerns about traffic, and another discussed the proposed zoning amendment which would permit the project to proceed, a third resident suggested that the hour was late and perhaps it was best to continue at next month’s meeting. That suggestion was welcomed by Mayor Delfino and the Councilpersons, and the Mayor promised that North Street would be the first hearing next time.

WPCNR Freedom Press. News Comment By John F. Bailey and the WPCNR Editorial Advisory Committee. July 4, 2006: This is a follow-up to the Carl Albanese saga. Yours truly was also targeted by the Mayor’s Office June 21 on that dark night in city hall when Mr. Albanese and I were informed, Mr. Albanese by Mayor’s Office personnel, and me by a police officer that we could not take pictures or videotape a work session and public hearing. I was shocked. I immediately interrupted the work session to clarify this with the Mayor, who immediately backed down and said I could take pictures. And I started snapping away.

The Common Council will vote Wednesday evening on rescinding the obscure piece of legislation from the City Charter which the Mayor used as a basis for the policy that was attempted that infamous night.

However, the Mayor’s actions to save the feelings of some important people who apparently, according to Mr. Albanese, did not like his videotaping them, were just one instance of supression of the press within the last two weeks of a far more sinister nature.

The most stunning in demonstration of the mental calibre of most of our representatives was a member of the United States House of Representatives saying The New York Times should be prosecuted for treason for revealing the administration is tracking dollar flows out of the country.

This would be funny if it were not so chilling.

It is amazing how our congressmen and senators think freedom of the press and the individual, and our laws against unreasonable search and seizure can be suspended, just like that.  They can jail White Plains Elena Sassower for asking a question. They can climb all over a reporter asking for them to reveal a source. They can pass a Patriot Act and extend it! They can let slide a President tapping phones without a warrant. But hey, let the FBI with a warrant find cash in a congressman’s freezer — and well they don’t like that, and want to be notified so they can clear the money out of their own freezers.

Officials thinking to restrict press access, refusing to speak with the press, and, perish the thought, lie to the press, (though they love to use the gullible, wanna-be-loved members of the fourth estate), are precisely why there has to be freedom of the press — to ferret out connivers, the deal-makers,  the hypocrites, the insiders wheeling and dealing and stealing — and exposing abuses of government and businessses and individuals that would go undetected without the reporter.

Now, Mr. and Ms. government representative or official, when you are sworn into office you swear to uphold the Constitution. I want to refresh all of your memories of what you swear to when you are sworn into office.

The very first amendment our founding fathers — who when they met to sign the Declaration of Independence  in Philadelphia, July 4, 1776, 230 years ago today — would have been hung if they were caught meeting together — felt the first thing the new country had to have was this amendment:

Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peacably to assemble, and to petition the Government for a redress of grievances.

Please, Mr or Ms. Senator, or Mr. and Ms. Representative,  and Mr. and Mrs. Councilperson and public officials everywhere remember this amendment the next time you even think about muzzling or attacking the press, or prosecuting it for treason.

There are 26 other amendments to the Constitution. I suggest all of you brush up on them.

Thank you, Carl Albanese for standing your ground.