NY STATE GIGS THREE DEALERSHIPS FOR FRAUDULENT CREDIT REPAIR PRACTICES INCLUDING WHITE PLAINS HONDA

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WPCNR WHITE PLAINS LAW JOURNAL. From the Office of the New York State Attorney General. June 17, 2015:

Attorney General Eric T. Schneiderman today announced a multi-million dollar settlement with three car dealerships, Paragon Motors of Woodside, Inc., d/b/a Paragon Honda; Worldwide Motors Ltd., d/b/a Paragon Acura; and Civic Center Motors Ltd., d/b/a White Plains Honda at 344 Central Avenue.

The agreement, which returns more than $13.5 million in restitution to consumers, concludes an investigation into these dealerships for alleged unlawful sale of credit repair and identity theft prevention services, and other “after-sale” items to 15,000 consumers – items that in some cases added more than $2,000 in hidden costs and fees onto the sale or lease price of a single vehicle. The Paragon dealerships, which are jointly owned, claim to be the largest combined Honda dealership in the country. Under a consent order agreement signed by the company, they will also pay $325,000 in penalties, fees and costs to New York State.
“When consumers shop for a car, they deserve to be dealt with honestly and fairly – and not to be misled by auto dealers who use deceptive tactics to fleece their own customers,” NY Attorney General Eric Schneiderman said in announcing a $13.5 Million settlement with three car dealers for fraudulent credit repair services.

“New York consumers must beware: Car dealerships sometimes pad their pockets by charging for worthless after-sale items, which inflate the price of their car. These items are often ones that consumers don’t need, did not ask for and often are not even told about. Businesses need to make a profit to survive, but it’s illegal to do so by duping consumers.”

This settlement is part of the attorney general’s wider initiative to end the practice of “jamming,” unlawfully charging consumers for hidden purchases by car dealerships.

As part of the wider investigation, Attorney General Schneiderman’s Consumer Frauds Bureau recently obtained a consent order that shut down Credit Forget, Inc. (CFI), a New York  company that sold the unlawful credit repair and identity theft prevention services to car dealerships.

The dealerships turned around and sold those service contracts at a higher price. It is a violation of state and federal law to charge upfront fees for services that promise to help consumers restore or improve their credit, and contracts that violate the law are void.

 

“A car is one of the biggest purchases many consumers make and we must do everything we can to protect them from unscrupulous auto dealers,” said Department of Consumer Affairs Commissioner, Julie Menin. “DCA has taken an innovative and aggressive approach, investigating dealers’ relationships with banks, creating a safe, affordable and transparent auto loan, and obtaining restitution for consumers harmed by predatory actors. We’re thankful to the Attorney General for his hard-hitting actions against businesses that are deceiving New York City consumers.”

The Attorney General’s investigation into the three Paragon dealerships found that, between 2010 and 2014, they used deceptive sales tactics, including charging consumers for credit repair services and other “after sale” items without their knowledge or by misrepresenting that the services were free.

The Paragon dealers, all of which are owned by the same individuals, claim to sell or lease approximately 1,000 new and used vehicles a month. According to the investigation, and starting in at least March 2010, Paragon entered into an arrangement with CFI to sell its customers CFI’s credit repair and identify theft protection services. Every time Paragon charged a consumer for these services they violated state and federal laws banning upfront fees for these services.

The agreement requires Paragon to pay $6 million into a restitution fund administered by a third-party administer to be distributed to Paragon consumers with CFI contracts and to provide each of the about 15,000 consumers with a $500 “settlement card” that can be applied to one or more of the following from Paragon:

  • the purchase or lease of any new or used vehicle;
  • certain services or maintenance, such as oil changes, tire rotations, tire repairs, and wheel alignments; or
  • certain accessories, such as mats and replacement windshield wipers.

The Paragon dealerships covered are located at 57-02 Northern Boulevard and 56-02 Northern Boulevard in Woodside, N.Y., and 344 Central Avenue, in White Plains.

The Attorney General’s investigation found that Paragon used fraudulent, deceptive, and illegal methods to sell the approximately 15,000 CFI contracts to consumers. After a consumer worked with a salesperson to choose a car, they met with a “Finance & Insurance Manager” who attempted to sell them additional products such as extended warranties, a security system and credit repair services. In many instances, the investigation showed, Paragon simply charged consumers for the credit repair services and concealed that they were charging consumers. In others instances, Paragon allegedly falsely told consumers, who said they did not need or want the services, that the services were free. Some consumers were sold the services without their knowledge despite the fact that they had excellent credit.

In addition to charging consumers for credit repair and identity theft prevention services without their knowledge or consent, the Paragon dealers added on charges for other after-sale items, like tire protection and Lo-Jack, without clearly disclosing what they were charging for such items. The costs of these items were often bundled into the vehicle sale price and not separately itemized. As a result, often unbeknownst to the consumer, the price of the car stated on purchase and lease documents was inflated by the amount of these after-sale items.

The Attorney General’s investigation further found that the dealerships failed to provide required disclosures, such as a consumer’s rights to cancel the credit repair services contract. In addition, the dealerships sometimes negotiated purchase and lease terms with consumers in Spanish and then only provided contracts and documents in English. New York City law requires that when the terms of an installment agreement are negotiated in Spanish, the seller must provide documents translated in Spanish.

The settlement prohibits Paragon from:

  • Selling, offering to sell or marketing credit repair and identity theft services in connection with the sale or lease of a vehicle;
  • Selling, offering for sale, or providing to consumers any after-sale product or service unless, prior to such sale, certain material terms, including price, are disclosed verbally and in writing;
  • Misrepresenting the price of the vehicle in final lease or sale contracts;
  • Negotiatingany terms of a sale or lease with a consumer in a language other than English without providing a translation of certain material documents in the language in which the terms were negotiated before the consumer signs these documents;
  • Failing to provide consumers with sales or lease agreements that clearly and conspicuously itemize each after-sale product or service and its price.

The Attorney General’s consent orderwith Credit Forget It and its two principals, Damien Bullard and Michael E. Morgan, dissolves the company, enjoins it and its principals from marketing, promoting, selling, or engaging in the “credit services business” in violation of the law or from misrepresenting the services they offer. It requires Credit Forget It and its principals to instruct all dealerships to whom they distributed contracts for credit repair services for sale to consumers to stop selling these services and to remove all promotional materials and contracts from their dealerships. It further orders the dissolution of Credit Forget It. If Credit Forget It and its principals do not comply with these terms, they must pay $2 million.

According to the Attorney General’s investigation, L.I Autoworld used deceptive sales tactics to sell CFI’s credit repair services and other after-sale items to consumers. They failed to provide sufficient time for consumers to review their financing documents and sometimes failed to give consumers copies of those documents, and enticed consumers to enter into high monthly payments with the false promise that the consumer could refinance in six months.

The Attorney General also served notice of his intent to sue eleven automobile dealerships who allegedly engaged in similar practices. They are:

  • Westchester Autoplex, Inc. d/b/a Honda of New Rochelle, 25 East Main Street, New Rochelle, NY;
  • G. Hylan Motors Corp d/b/a Staten Island Honda and Staten Island Nissan, 1232 and 1220 Hylan Boulevard, Staten Island, New York;
  • Huntington Honda, Inc.,1055 E. Jericho Turnpike, Huntington, NY;
  • GPB 8 LLC d/b/a Nissan of Huntington, 850 East Jericho Turnpike, Huntington Station, NY;
  • GPB 9 LLC d/b/a Volkswagen of Huntington, 838 East Jericho Turnpike, Huntington Station, NY;
  • Plaza Motors of Brooklyn, Inc. d/b/a Plaza Honda, 2740 Nostrand Avenue, Brooklyn, NY;
  • Plaza Hyundai, Ltd., 2740 Nostrand Avenue, Brooklyn, NY;
  • Plaza Oldsmobile, Ltd. d/b/a Plaza Toyota, 2733 Nostrand Avenue, Brooklyn, NY;
  • Louzoun Enterprises, Inc. d/b/a/ Queensboro Toyota, 62-10 Northern Blvd, Woodside, NY;
  • Potamkin New York, LP d/b/a Potamkin Hyundai, 2495 2nd Ave., Manhattan;

The office is continuing to investigate other New York auto dealers that sold or sell after-sale services, including Manfredi Auto Central LLC on Staten Island, which allegedly sold more than 1,400 CFI contracts.  The Attorney General filed a motion to compel documents from Manfredi, after it refused to comply with an investigatory subpoena.

Consumers who believe they have been jammed with unwanted products or services or who were sold CFI’s credit repair services by a car dealership are urged to file complaints onlineor call 1-800-771-7755.

The cases against the Paragon dealerships, Credit Forget It, Manfredi and the continuing investigation against other dealers are being handled by Special Assistant Attorney General Stephen Mindell, Assistant Attorneys General Noah Popp, Elena González and Herbert Israel, Adam Cohen, Marsha Yee, Deputy Bureau Chief Laura J. Levine, Bureau Chief Jane M. Azia, all of the Consumer Frauds and Protection Bureau, and Executive Deputy Attorney General for Economic Justice Karla G. Sanchez.  L.I. Autoworld was handled by Assistant Attorney General Rachael C. Anello, Kimberly Kinirons, Assistant Attorney General in Charge of the Suffolk Regional Office, and Executive

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Governor Announces Agreement on College Sexual Assault Legislation

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WPCNR ALBANY ROUNDS. From the Governor’s Office. June 16, 2015:
Governor Andrew M. Cuomo, Senate Majority Leader John Flanagan and Assembly Speaker Carl E. Heastie today announced that a three-way agreement has been reached on the “Enough is Enough” legislation to combat sexual assault on college campuses in New York State.

This on-campus sexual assault prevention and response legislation was first proposed by Governor Cuomo in January. The package includes:

· A statewide definition of affirmative consent, defining consent as a knowing, voluntary, and mutual decision among all participants to engage in sexual activity;

· A statewide amnesty policy, to ensure that students reporting incidents of sexual assault or other sexual violence are granted immunity for certain campus policy violations, such as drug and alcohol use;

· A Students’ Bill of Rights, which campuses will be required to distribute to all students in order to specifically inform sexual violence victims of their legal rights and how they may access appropriate resources.

The Bill of Rights clearly states that students are given the right to know they can report sexual assaults to outside law enforcement, including the State Police;

· Comprehensive training requirements for administrators, staff, and students, including at new student orientations.;

· Reporting requirements for campuses to annually submit aggregate data on reported incidents of sexual violence and their adjudication and handling to the State Education Department; 

· A new unit within the State Police called the “sexual assault victims unit” specialized in advanced training in responding to sexual assaults and related crimes that shall also provide assistance to campus police or local law enforcement, as well as training to college campus communities;

· A commitment of $10 million to help combat campus sexual assault through various partners, split in the following manner:

$4.5 million to rape crisis centers to provide services and resources to students, $4.5 million to the State Police to create sexual assault victims unit, and $1 million to colleges and universities; and

· A requirement for first responders to notify survivors of their right to contact outside law enforcement.

“Today is a victory for students across New York State,” Governor Cuomo said. “As the Governor, and as a father, I am proud that with this legislation New York will become a national leader in the fight against sexual assault on college campuses.

This action is a major step forward to protect students from an issue that has been plaguing schools nationwide for far too long. Once again, New York is setting the standard for other states to follow, and I look forward to signing this legislation into law as soon as possible.”

Senate Majority Leader John Flanagan said, “I am pleased and proud that working together we have reached a consensus on a bill to combat and root out sexual assault so our college campuses are safe learning environments for all students. I thank Senator Ken LaValle for his hard work on this issue, as well as Governor Cuomo and Speaker Heastie, and I commend my colleagues and the advocates for helping us achieve a positive result on this extraordinarily important piece of legislation.”

Assembly Speaker Carl Heastie said, “Every student deserves the opportunity to obtain a higher education in a safe and supportive environment. Campus sexual assault disrupts victims’ lives and shifts their focus away from their studies. This plan encourages victims to speak up and provides a uniform policy for handling accusations throughout all New York State colleges, as well as bolsters support services for victims of this heinous act. New York must continue to lead the way in the fight against campus sexual assault.”
Supporters for this legislation include:
· Lady Gaga, who also co-authored an op-ed with the Governor;
· 17 of 18 county executives statewide;
· Whoopi Goldberg, who also filmed a video for the campaign;
· More than 40 city mayors from across the state;
· More than 100 elected officials from across the state;
· Nearly 20 members of New York’s Congressional Delegation;
· More than 50 statewide and local organizations, in addition to 30 advocacy groups, community organizations and unions and 14 labor groups;
· 28 public safety officials from across the state;
· Student advocates from Barnard College and Syracuse, Columbia, Fordham and New York Universities; and
· House Democratic Leader Nancy Pelosi.

###

 

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THE LETTER TICKER: RESIDENT CALLS FOR EXTENSION OF PUBLIC COMMENT PERIOD FOR “THE COLLECTION” PROJECT ON WESTCHESTER AVE GATEWAY — NOT ENOUGH WIDESPREAD NOTICE AND DETAILS WERE SPREAD BY CITY THEY SAY.

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WPCNR THE LETTER TICKER. JUNE 16, 2015:

In the June 1 Common Council meeting, the city included on the backup consent agenda a notice of scoping issues for the new planned development called “The Collection.” It gave the public until June 22 to respond. There was no detailed explanation provided about this project.

You can see an explanation of this project detailed on this week’s edition of WHITE PLAINS WEEK, the city news roundup show at www.whiteplainsweek.com

A WPCNR reader has written that such a major project was not publicized enough by the city to generate enough awareness of the changes. The letter was sent to the Mayor and the Common Council and provided to the media:

To: Mayor Roach, Councilmembers Hunt-Robinson, Kirkpatrick, Krolian, Lecuona, Martin, Smayda
 
RE: “The Collection “
 
DATE: June 15, 2015
 
On June 13, 2015 a letter to you from White Plains resident Renee Marks Cohen was posted on WPCNR regarding the project named “The Collection” on Westchester Ave and vicinity.
 
Her communication raises many important questions. Among them is –WHERE CAN RESIDENTS FIND INFORMATION ON THIS PROPOSAL ON THE CITY’S WEBSITE SO THAT THEY HAVE THE ABILITY TO COMMENT ON IT?
 
Your response may be that it is there. Only if you know that such a proposal exists, what it is called, and then insert “The Collection” in the Search box and then it does appears – twice – has no map of the area included, and is incomplete. Somewhere there it states that public comments are accepted until June 22, 2015. Nothing else on that subject is anywhere on the website, not even on the Planning Dept. pages!
 
How can you expect public comment if the public has no access to information? This another example of, what seems to me, deliberate lack of transparency.
 
The quote below is from one of many federal websites, in this case Federal Highway Administration:

“Scoping, an open process involving the public and other Federal, state and local, agencies, commences immediately to identify the major and important issues for consideration during the study. Public involvement and agency coordination continues throughout the entire process.”

At the very least this project should appear prominently on the city’s home page and contain all the necessary information that the public has every right to know. If the current Planning Dept. Deputy Commissioner has neglected to take the necessary actions then it is to be hoped the newly appointed one will have the required expertise to rectify these omissions. Sending the complete documentation to Boards and Commissions does not obviate informing the public at large.
 
Therefore, I suggest that the appropriate neighborhood associations be officially notified, as well as the White Plains Board of Education and the residents on Franklin Ave and adjacent streets, so that they can contribute their comments. Most importantly, given the lack of information available to date, the date for submission of public comments be extended beyond June 22, 2015.
 
Respectfully,
 
Carry Kyzivat
 
Cc: WPCNR, CNA, North St Area Civic Assoc,White Plains Examiner, Renee Marks Cohen
 
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Standard Amusements Is the New Operator of Playland. Board of Legislators approves Playland Management Agreement Unanimously

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WPCNR COUNTY CLARION-LEDGER.  Extracted From Various news releases from The Westchester County Board of Legislators and  WPCNR reporting by John F. Bailey (EDITED) June 15, 2015 UPDATED JUNE 16, 5:10 PM EDT.

As reported Monday afternoon by WPCNR, (as  County Legislator Benjamin Boykin predicted), the Board of Legislators passed legislation designating Standard Amusements as the new operator of Playland, with the county retaining ownership, while Standard preserves and upgrades the park. The agreement is for fifteen years.

With the passage of the agreement, Standard Amusements will now begin co-managing Playland with the County for the remainder of the 2015 season.  Following the co-management period, Standard has until October 31, 2015 to finalize the deal.

The terms of the Playland Management Agreement call for the County to receive an upfront payment from Standard Amusements of $2.25 million.  Standard is then required to make an additional $22.5 million in capital improvements to the park in the next five years.  Standard has indicated that they plan to make those investments in the first three years of the agreement.

If Standard after getting into the park this summer  finds the park situation unacceptable for renovation and upgrade for whatever reason by October 31, they have a right to walk away and pay the county $500,000 as a “buy-out.” The $2.25 Million upfront payment is being held in escrow until October 31.

After Standard has recouped its initial investment, the county would share in 7.5% of the profit from Playland operations.  Additionally, Standard will pay the County an annual $300,000 management fee that increases by approximately 2% each year.

Following the vote, BOL Chairman Michael Kaplowitz  Somers said, “It has been almost five years since County Executive Astorino announced his intentions to find a private partner to operate the amusement park and it has indeed been a roller-coaster ride since then.  I thank my colleagues on the Board for their bipartisan cooperation and hard work in committee and I thank County Executive Astorino for his administration’s hard work and partnership in bringing about the last, best option for a major investment of financial capital and industry expertise in Playland.”

Kaplowitz added. “This review process has been absolutely transparent and has fully engaged the public along the way.  While we have finished this important step in the review process, the Board will continue its diligent oversight of Playland throughout the course of the agreement.”

(Editor’s Note:  It should be known that about three hours of the Labor, Parks, Planning and Housing Committee negotiations on the last week  last moment legal challenges were worked out privately with the Astorino administration out of sight of the public. Those last minute legal challenges were raised by Legislator Boykin  on the need for guaranteed reimbursement to the county for Playland County employees hired by Standard Amusements; Legislator Catherine Parker’s demand that the capital projects planned for Playland be committed to by Standard Amusements with a specific approval procedure; and  Chair of the Committee MaryJane Shimsky’s concern that Standard Amusements could decide the fate of the Playland pool without county input.

Boykin’s noticing that the rembursement piece was missing from the Astorino administration resolution on the labor agreement was included, with “fair and equitable negotiations” promised by Standard Amusements.

Ms. Parker’s concern was that capital projects be spelled out and specifics as how they would be paid for and the procedure for beginning them and the timing of them was needed. Parker succeeded in Standard agreeing that Playland Parkway lighting would be upgraded; the colonades repaired; the North Boardwalk repaired; the restoration of the smaller buildings in the existing park and the installation of a parkwide fire suppression system to protect them

Ms. Parker did not succeed in getting specifics into the Memorandum as to the procedures for paying for the capital projects, and the timing of them, though they are supposed to take place within the first 5 years of the agreement. Mr. Boykin told WPCNR this afternoon that the payment for the capital projects would consist of a combination of county money and Standard Amusement investment, not spelled out as yet.

Parker also this afternoon during the noon portion of the Labor, Parks, Planning and Housing Committee said she felt the redesign of the entrance to the park from the Playland Parkway and the decision as to what to do with the pool and water feature area (by the present pool) could not be made yet, pending more detailed Standard Amusements analysis of the shape the pool is presently in and the work needed to bring it up to industry standard.

Following the vote, County Executive Rob Astorino said, “I want to thank Chairman Kaplowitz for his leadership on moving this forward with the necessary speed and due diligence,” Astorino added, “This deal meets our three goals for preserving Playland by reversing the losses for taxpayers, putting the park in the hands of a top-flight operator, and revitalizing Playland as a must-visit destination for families for years to come.”

 Legislator Ben Boykin, of the 5th District representing White Plains and Scarsdale, stated, “It was very important that this public-private partnership protected the workers at Playland that have been there for a long time, oversee the park’s day to day functions and often have critical skills that we could not live without.  I am thankful that Standard Amusements was willing to work collaboratively with us to accomplish that goal without the taxpayers taking any additional burden as a result.  The financial investment by Standard Amusements will return Playland to one of the crown jewels in our park system and will enhance the visitor experience to this iconic landmark.”

Catherine Parker who pushed for Standard Amusements to agree to executing capital improvements already called for by the county capital plan to be included in the final Memorandum of Understanding approved this afternoon by the Labor, Parks, Planning and Housing Committee, though without specific procedures outlined as she originally hoped, said

“This is one of the largest public investments that has been made at Playland in decades and will make significant strides towards revitalizing one of the County’s greatest assets. Making sure that taxpayers get everything they could out of this deal was always my top priority and until the specific capital improvements were memorialized in writing, I could not have supported this proposal.  This was not a perfect process by any stretch but I believe that the taxpayers will benefit from the increased value of Playland as a result of the capital infusion it will receive.”

 Legislator Ken Jenkins sounded a note of caution about the agreement in a statement released by the Board of Legislators:

“This arrangement does not go far enough to benefit Westchester taxpayers and short circuited the due diligence that eventually crippled the previous agreement.  Given those circumstances, I commend my colleagues for their efforts in crafting legislation that begins to take some of the steps forward that Playland desperately needs.

I believe Standard Amusements is a solid partner in this effort and will do a quality job in upgrading Playland.

I remain concerned that there is no way to enforce the numerous agreements and insure this prime waterfront park remains available to all but I am willing to support the agreement to give this incarnation of the County Executive’s proposal.”

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PLAYLAND REVIEW COMMITTEE: STANDARD AMUSEMENTS GOOD TO GO. VOTE ON TURNING PLAYLAND OVER TO STANDARD AMUSEMENTS FOR 15 YEARS SET TONIGHT. LEGAL ISSUES RESOLVED

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WPCNR PLAYLAND GO-ROUND. BY JOHN F. BAILEY. JUNE 15, 2015. 4 PM E.D.T.:

After marathon negotiations with the Astorino Administration this morning and a second recess taken at 1:15, the Labor, Parks, Planning and Housing Committee approved  all memorandums of understanding on the Standard Amusements agreement this afternoon.

This action clear the Standard Amusements proposal to run Playland the next 15 years (with Westchester County retaining ownership) for a vote by the full Board of Legislators this evening.

A resolution was passed  this afternoon, guaranteeing Standard Amusements would reimburse the county for any county employees presently working there the operator wants to hire, with the amount of reimbursement being “fairly and equitably negotiated,” according to County Legislator Benjamin Boykin of District 5. (Boykin had raised the issue during last Wednesday’s meeting because the issue of reimbursement had somehow been dropped from the present county employee employment issue by the administration.)

Increased consultation and approval of employee reassignments, requiring approval of the Commissioner of Recreation and Parks was also added to the agreement.

Boykin told WPCNR Standard Amusements and the county  had agreed on the 5 year capital projects planned for Playland previously planned by the county: that includes, (Boykin said), replacement lights for the Playland Parkway, the restoration of the collonades, restoration of the  North Boardwalk and Playland Pathway from Harrison Train Station to Playland, restoration of small buildings in the park, and a fire supression system for the park to protect the restoration of these buildings. Parker had

Asked if the county was going to pay for these capital projects, Boykin said the county would not pay for all of them, and that Standard Amusements investing of $25 Million in the park may pay for a portion.  The issue of specifics, raised by County Legislator Catherine Parker is not amplified. Boykin said that it would be jointly decided.

Legislator Boykin said Chairman MaryJane Shimsky’s concern over what authority (the County Legislature or Standard Amusements) would decide how the pool and the “water feature” area would feature a pool in the future was ultimately with the county “because the county owns the park.”

Boykin said the County if it did not like what Standard Amusements wanted to do on the pool and water feature piece,  the county could say “no.” Legislator Shimsky who raised this issue last Wednesday had been concerned when Nick Singer, the principal of Standard read a clause in the morandum that indicated that the operator had the “say-so,” of what went there.

Legislator Parker, early today had indicated that since Standard has to do closer analysis of the pool condition before it can make a decision about renovation and retention of the pool that the pool/water feature piece should be brought out of the capital project category and should have to be considered when there was more information.

She also said she felt the improvement of the Playland entrance should be out of the capital projects plan and be Standard Amusements project since Standard felt a new entrance was important to enhance the new Playland

Mr Boykin told WPCNR that the  Committee had  approved all the legal documents necessary to proceed with a vote on the overal agreement this evening.

Boykin said he expected it to pass.

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Recess Continues at Labor, Parks, Planning, Housing Session on Playland Legal Tweaks

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WPCNR PLAYLAND GO ROUND.  By John F. Bailey JUNE 15, 2015 1:10 PM  UPDATED 2 PM (BOLD FACE) EDT:

The Labor and Parks Committee after a morning of negotiations between Standard Agreements, the Astorino Administration reconvened approximarely 12: 15.

The first matter was a resolution on the issue of what is paid County Employees who work for Playland for Standard Amusements. The tentative agreement, county employees currently at Playland who were not retained would be retained by Westchester County, at same grade and level and pension and transferred elsewhere by the Recreation Commissioner.

In the matter of compensation of present County Employees whom Standard Amusements wishes to hire, the compensation for those employees would be “negotiated” with Standard Amusements at the time. This was included at the insistence of White Plains Legislator, Benjamin Boykin who noticed it had been inexplicably missing from the final county administration documents last week.

It was not clear given the verbal explanation at the live telecast whether payment could be less and the county would pick up the balance of compensation, benefits.

County Legislature Chair Michael Kaplowitz said the resolution was as good as a handshake because if the contract with Standard was not conducted in good faith the legislature would “have holy hell to pay,” presumably, and I am just guessing here — this meant the CSEA union wrath (if Standard and the county did not negotiate fairly).

The Committee  then recessed at 12:45  before voting, to give the county legal team time to put all the pieces of paper part of this first resolution together for the vote. As of 2:00 P.M. they are still recessing.

When the Committee began at 9:27 this morning, 27 minutes late, Legislator Parker told Joseph Manigula, representing Standard Amusements she had requested the Pool-Water Feature jurisdiction matter be removed from the Capital Projects Memorandum of Understanding. Manigula said since there were changes to the MOU on Capital Projects as indicated by Chairwoman Shimsky, that he would have to caucus with his boss, Nick Singer of Standard Amusements before this evening’s scheduled vote.

With the Pool issue in the air and the Capital Projects decision making procedure legal issues still to go, it is looking like a long day ahead.

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Standard Amusements, Labor, Parks, Planning Housing Committee and Astorino Team Massage Legal Issues Behind Closed Doors. Committee in Recess All Morning.

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WPCNR PLAYLAND GO-ROUND. By John F. Bailey. June 15, 2015:

The Labor, Parks, Planning and Housing Committee that was supposed to meet Monday morning to iron out nebulous legal requirements not spelled out to Legislators Benjamin Boykin, Catherine Parker and MaryJane Shimsky’s satisfaction last Wednesday has been in recess all Monday morning, working out “tweaks” to meet those legislators’ objections with the Astorino administration and Standard Amusements, prior to a scheduled vote this evening.

Matt Richter spokesperson for Chairman of the Board of Legislators Mike Kaplowitz said that Nick Singer, principal of Standard Amusements, and the legislators have been going back and forth between the 8th and 9th floors. Singer’s consultant has been carrying the legal ball for Mr. Singer. Legislators have been in their offices on the 8th floor. The negotiations through this “shuttle diplomacy” are, Richter said expected to be completed soon with “final tweaks.” He said he expected the Committee to resume proceedings soon.

A call to Ms. Parker, who raised the primary objection that the legal steps to determine what Capital Improvements were required in the future between the county and the operator, Standard Amusements were not “specific” enough, has not been returned to WPCNR.

MaryJane Shimsky’s reservation about the Memorandum of Understanding that acceded authority to determine the fate of the swimming pool solely to Standard Amusements to determine whether the Playland Pool remained in some form or just turned into a “water feature” was another issue.

Legislator Benjamin Boyin wanted it spelled out that Standard Amusements would reimburse the county directly when it retained county employees.

As of 11:20 A.M., the Labor, Parks, Planning Housing Committee was still “in recess.”

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THE LETTER TICKER: WP REAL ESTATE VALUES, FASNY AND THE POOR REPRESENTATION PUBLIC HAS HAD FROM THE COMMON COUNCIL OVER THE YEARS.

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Hi Mr Bailey,
I am a life long White Plains resident; I grew up in Gedney Farms, and currently live in the Soundview neighborhood.I see your site no longer posts letters, but I am compelled to write anyway, to offer you food for thought (for what its worth).
Two thoughts: The mere threat of FASNY has already had a very negative and significant impact on real estate values in Gedney Farms specifically, and WP generally. Proof: go to Zillow, and peruse recent sales data for the last 2-3 years.
Then go to any Real Estate site and peruse the market for WP homes in the 650-950K range.  You will see that prices for WP homes in general, and for Gedney specifically, have plummeted–especially remarkable given that mortgage rates remain at historic lows.
Yes, the financial crisis  knocked prices down perhaps 20-25%, but current prices show a considerably larger decline than is accounted for by the financial crisis when measured from the 2007 market peak.  FASNY and the city’s real estate taxes are among the main reasons why this is true.
FASNY is most certainly a major (though not the only) reason for these depressed values.
 I think that the majority of White Plains residents don’t really care about FASNY, as they see the issue as a “Gedney” issue.
It’s not. All real estate values across the city are related; if the values in the crown jewel neighborhood are suffering, it has a negative impact on all real estate values, as evidenced by the small number of homes for sale in the 800K+ category across WP, and especially in Gedney. A check of the price data for sales and current listings is quite sobering.
My second thought concerns the second major reason WP real estate values remain depressed: our real estate taxes. My real estate taxes have doubled over the last decade, and city services have declined.
And yet, the country has been in a zero interest rate, <2% inflation rate for nearly the last 10 years.  An $800K house in WP now has taxes of 17k-20K. This too is a major drag on real estate values.
I find it incredibly irritating to think back over the decades to the representations the Common Council and Mayor made regarding the development of downtown WP–how such development would be a boon to our tax base, how it would assure a “vibrant” downtown, and of course, it would be great for the city. All of it hogwash.
There is nothing downtown except over-priced chain restaurants and bars for 20-30 somethings. And of course, lots of malls, many with lots of vacant space. Basically nothing of the vision we were sold on materialized.
I think it fair to say we citizens were poorly represented by past administrations, who either knowingly lied, or were simply incompetent to lead us to a better future. I have to wonder if history will repeat itself with this administration when it comes to FASNY.
Cheers
(Editor’s Note: WPCNR  publishes letters that are thoughtful, rational, push the dialectic, are not libelous and whose authors identify themselves to me. I reserve   the discretion to delete sections of letters that I deem libelous, unsubstantiated, or direct personal attacks on persons written about. Letters may be addressed to wpcnr@aol.com. Thank you for writing.)
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THE LETTER TICKER: DOWNTOWN RESIDENT CHALLENGES COMPATIBILITY OF THE COLLECTION

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6-SHOCKER INVERTED

Plan of The Collection development on Westchester Avenue, looking east. The Westchester is on the right.

 

WPCNR THE LETTER TICKER. JUNE 13, 2015:

A downtown resident with the call for scoping comments on The Collection, the new proposed development on Westchester Avenue opposite the The Westchester at Bloomingdale Road and Westchester Avenue, has written the Mayor and Common Council, raising questions on congestion the new project may create:

TO:

The Honorable Tom Roach, Mayor of White Plains,and Common Council Members

RE:

The DEIS for “The Collection” development project at 60 – 96 Westchester Avenue (236,000 square feet of new commercial space, 261 residential units, and 1,233 parking spaces)

Introduction: Where is the Open Space? Outdoor Seating Areas? Plantings? Is the developer trying to cram too much into this small area? Is there only one driveway that will access the hotel, the retail and residential components, and municipal lot? What will access by vehicles be like during rush hours? AND … do we really need more retail space in White Plains?

Dear Mayor Roach and Common Council Members.

I am responding to the request for statements about the potential environmental impact of the proposed “Collection” project on Westchester Ave. My comments below relate to

1) the plan’s lack of Open Space, of Seating Areas, of Plantings, and Screening near a neighboring building;

2) pedestrian safety;

3) the amount of new retail space planned in the complex;

4) the number of driveways required (that pedestrians will have to cross);

5) the width of the pedestrian sidewalks for entering the complex;

6) location of the dog park for the residential component;

7) location of waiting area for a possible shuttle bus to the railroad station from the large residential component;

8) location of garbage staging and pick-up;

9) location for storing snow.

1)    The plan is noteworthy for its lack of Open Space, lack of Seating Areas, lack of Plantings, and lack of Screening of the proposed large residential building from the existing apartment building at 26 Franklin Ave. What gives White Plains its charm? Trees, parks, plantings, and sitting areas add to the livability and charm of the relatively dense neighborhoods close to the downtown.

2)    The Scoping document for the project very briefly mentions bicycle and pedestrian improvement (see section C-9-C-d.), including enhanced pedestrian access from Franklin Ave. to Westchester Ave.

But what about those attempting to cross Westchester Avenue? Now and for years, for pedestrians, there is no safe time to cross near the Stop&Shop driveway over to The Container Store (at the corner of Westchester Ave. and Bloomingdale Rd). The WALK sign appears even when vehicles may be making a left turn (going south) from the Stop&Shop driveway.

I have been almost hit by a vehicle twice. Could this crossing be made safe before we get into more development on Westchester Ave.? Any new crossings should be completely safe when there is a WALK sign.

3)    Please note the many existing retail vacancies on both sides of Main St. (near the new hotel and near Walmart), between City Place and N./S. Broadway; and also on Post Rd. and on Mamaroneck Ave.

The Collection plan includes 236,000 gsf of commercial space. (Some of that is a proposed hotel and a car dealership.) The remaining retail space seems to be at least 14,790 gsf + 46,790 gsf = 61,580).

4)    How many driveways will pedestrians have to cross along Westchester Ave.’s east side? Please note that the push-button mechanism for “requesting” a crossing of the Stop&Shop driveway was removed years ago.

5)    How will pedestrians enter the Collection complex, with its multi destinations? The width of the pedestrian sidewalks for entering the complex is important.

This is one problem at the City Center, at the Five Guys Burgers corner, 240 Main St., corner of City Place. Many people, some with baby strollers or personal shopping carts, bump into each other going into or exiting City Place because of the too-narrow sidewalk on the corner and along City Place.

6)    Where will the dog park be for residential units (possibly 261 total)? A dog park used all hours was built for the large rental apartment building at 2 Canfield (corner of Main St.) after the fact. It was positioned relatively near another apartment building. A dog park should not be near or opposite other residences or residential complexes.

7)    Where will the waiting area be for a possible shuttle bus to the railroad station from the large residential component? Will the waiting bus block traffic on Franklin Ave.? Will it block the circular driveway for “The Collection”?

8)    Many are aware of the odorous garbage staging area on Martine Ave. for the City Center. This is across the street from residential buildings. How will this be handled for “The Collection,” so that it will be hygienic and safe? How will garbage pick-up be handled?

9)    Where will snow be stored?

Renee Marks Cohen

White Plains NY

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