Attorney General Initiates Quo Warranto Proceeding to Bring Delgado Back

WPCNR AFTERNOON TRIB & POST. By John F. Bailey. December 3, 2003:Attorneys for former councilman Larry Delgado of White Plains, were notified today that Eliot Spitzer’s Quo Warranto Review panel has found in favor of Mr. Delgado and will file papers today to bring a quo warranto procedure in supreme court in White Plains to restore Mr. Delgado to the Common Council.
Jeffrey Binder, attorney for Mr. Delgado during the councilman’s three tier court fight to secure a remedy for a jammed voting machine, reported the Attorney General’s office decision today.

Mr. Binder said he thought the procedure would be a jury trial, not a bench trial, and the action would be to restore Mr. Delgado to the Common Council.

He said that an attorney from the Attorney General’s Office, Joel Graber, a seasoned and knowledgeable election law attorney would be representing Mr. Delgado’s interest in the quo warranto procedure in which the Attorney General will seek to remove Mr. Hockley from office as a “usurper,” the essence of any quo warranto action. Binder speculated that the action could begin within two to three weeks, almost nine months since the Court of Appeals threw out Judge Francis Nicolai’s decision, and the Appellate Division rulling calling for a new election between Larry Delgado and Glen Hockley.

Binder said the Quo Warranto Review Panel informed him that they “appreciated our (Mr. Delgado’s) patience.”

Mr. Binder said the last quo warranto action in the state was executed in 1990, successfully.

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TDR Hearing Closed Without Comment; Council Study IP; Kills Permit Pkg. Request

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. December 2, 2003 UPDATED 12 Noon E.S.T.: The Common Council opened and closed the hearing on the ordinance allowing transfer of development rights (TDR) in the Central Business District 3 and 4 and the Urban Renewal Area, setting a vote on the historic zoning change for January 6.



SUSAN HABEL HOLDS FORTH ON TDR: Commissioner of Planning Susan Habel preached to the choir Monday evening on the Transfer of Development Rights legislation public hearing, comparing it to a transfer of sand between two sandboxes.
Photo by WPCNR TVCam


No one spoke from the public on this matter, and it will be voted upon in January. The legislation, barring a sudden change of heart on the Council, will make it possible for Louis Cappelli, the City Center developer, to erect a hotel and office complex on his recently acquired Main Street parcel extending from Church Street to the Court Street extension.



STUDY INDIAN POINT FIRST: Councilman Robert Greer advised the public “This resolution does not call for an immediate shut down of Indian Point.” He said it calls for a study of issues, including security, operation, the evacuation plan, and storage of fuel rods issues to determine if the plant is a safe risk to remain open. The resolution also calls for a study of how Indian Point electrical demands will be met if it were to be decommissioned.
Photo by WPCNR TVCam


Councilman William King noted that “I want the citizens of White Plains to know how proud you should be of your council and your Mayor posed nontop questions (on their tour of Indian Point). I was really proud of how the council and the Mayor took it (the Indian Point safety issue) very seriously.”

Council KILLS Overnight Street Parking.

The Council passed a homerule resolution, 4-to 3 to prepare a bill asking Albany to allow Permit Parking on the streets in White Plains to alleviate the overnight parking shortage in key areas, most notably, the Old Mamaroneck Road area. Councilpersons Rita Malmud, Benjamin Boykin, Robert Greer and Bill King supported the draft of such a bill, while Councilpersons Glen Hockley and Tom Roach and the Mayor opposed it.

However, the measure did not pass because a homerule request requires a “super majority” vote of 5 to 2. The result: overnight street parking is a dead issue for now.

Messrs. Hockley and Roach said a highly detailed plan working out the mechanics of how such a permit plan would work, would be a more prudent course than simply asking Albany for permission for permit parking on the streets, and a detailed, thought-out plan, would, they felt have better chance of approval.

The council voted down a proposal for metered parking.

TDR: Nobody Cares.

Commissioner of Planning Susan Habel opened the public hearing on the transfer of development rights in the downtown area, likening the concept to that of two sandboxes.

She said that a child with a sandbox very full wanting to transfer sand to another child’s sandbox which did not have as much sand, could do so, however the child transferring the sand, could not “add any more sand” to their sandbox. She described this scenario as what the Transfer of Development Rights legislation does.

She noted that any developer wishing to transfer development rights had to do a traffic study and an environmental review, demonstrating that their transference was preferable on the site to receive the development. She said the developer had to have a specific project in mind that fit the zoning requirements of the site they wished to transfer development rights.

No Speculation Boom

She said this would not start a stockpiling of properties, or rampant speculation in downtown properties. Because any transfer of development rights would have to be done simultaneously according to a specific plan.

Speculation Window Limited

In response to Councilman Thomas Roach’s concern about a developer saving a site with the hope of transferring its development potential to another site in the future, the Commissioner said she did not expect this, saying that transfer of development rights had to be done simultaneously between two sites. Ms. Habel advised Mr. Roach that the Common Council has a series of controls on such transfers that include compliance with the overall city comprehensive plan, environmental review, the Urban Renewal Plan, and the requirement to provide a Traffic Study.

The Cappelli window is an example

WPCNR notes that Mr. Cappelli purchased development rights over the parking garage he is building, and in the meantime, has acquired the Halpern property on Main Street. He has only a few months left before he has to pay the city another million dollars to maintain his control of those development rights, which he wishes to transfer to his new Main Street property to build a convention center and hotel.



MR. WHITE PLAINS GIVEN KEYS TO CITY: Mayor Delfino gives Robert Ruger the keys to the city and a special plaque honoring Mr. Ruger on his 90th birthday. The Mayor, at the beginning of the Council meeting, said he wanted to “pay homage to Robert Ruger” for his long service to White Plains.
Photo by WPCNR TVCam


Ruger, shown here accepting the plaque, said he wanted to take the opportunity to acknowledge “those volunteers who have never gotten the opportunities I’ve had, and wish them all the best and have a very happy holiday.” The Mayor, visibly moved, said, “Always conscious of others. Bob, thank you very much.”

In other action Monday evening, the council approved the White Plains Firefighters new three year contract calling for 3.75, 3.75 and 4.00 pay increases over its three year life…The council authorized a commissioning of a design concept for the new Liberty Park on Silver Lake.

Attendance was poor Monday evening. Less than twenty persons turned out for the meeting.

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King Komments:Bring A Little of the Heartland to White Plains

WPCNR KING KOMMENTS By White Plains Councilman William King. December 2, 2002:The Councilman went home for Thanksgiving to good old Wheaton, Illinois, and files this report on a Thanksgiving downtown promotion for White Plains.
I was back in the Chicago area over Thanksgiving, where I grew up. Wheaton is like White Plains. Wheaton is the county seat of DuPage County right outside of Chicago and has tall apt. buildings near the train station, single family homes everywhere else, and a downtown that is probably 3-5 years ahead of ours, with all nice stores, home grown plus chains including Starbucks, etc.

Anyway, they have a tradition going now that is very popular – a night-time holiday celebration the day after Thanksgiving. We missed a little parade they have (probably like the one in White Plains that is on a Saturday late morning) but they also have high school kids dressed up in various character costumes standing in front of stores that gets the little kids excited (they had Barney, the Grinch, Cinderalla, Blue from Blue’s Clues, someone dressed up as a large slice of pizza in front of a Pizza restaurant, Darth Vader, etc. … everybody but SpongeBob Square Pants). Cinderella was actually inside a jewelry store, maybe because it was so cold but it also drew people into the store, including us.

Central Park Carriages in White Plains?

They also had horse-drawn carriage rides where they suggested a donation and a free hot chocolate stand (that ran out of hot chocolate). The carriages, which we waited a half hour for, went around a loop maybe 4 blocks in 5 minutes.

It was a relatively inexpensive way to create some local excitement – people came from all around as Wheaton’s event has drawn attention, such that other suburbs are copying them. We should copy Wheaton and then other towns in Westchester will copy us.
Councilman William King

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School District Is Looking for a Few Good Numbers People. It’s Budget Time!

WPCNR SCHOOL DAYS GAZETTE. From Michelle Schoenfeld, WP City School District. December 2, 2002:The White Plains Board of Education announced today that it will, for the seventh consecutive year, organize its Annual Budget Committee (ABC), as the District begins the formal process of preparing the 2003-04 school budget.
The ABC is an advisory group which provides input, feedback and suggestions to the District. The Committee is comprised of representatives of more than a dozen various civic and community organizations as well as individuals who have expressed interest
in serving.

Following an orientation session for new members on January 29th, a series of three meetings will be held with the ABC, the administration and Board: February 5th and 12th, and March 5th.

Meetings are held at 7:30 P.M. at Education House, 5 Homeside Lane, and will include an overview of the budget as well as discussions of key issues and recommendations.

Anyone wishing to serve on the ABC may call Michele Schoenfeld, District Clerk, at 422-2071. All of the meetings are open to the public.

Dates to Remember

The budget process will continue with a Public Hearing on the
Superintendent’s Proposed Budget on Monday, March 24th, at 7:30 P.M., and the adoption of a final budget by the Board on Monday, March 31st. Another Public Hearing will take place on Monday, May
12th, and the annual Budget Vote, along with the Election of Board of Education members, will beon Tuesday, May 20th, from noon to 9 P.M.

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