BOE Ponders $48M Bond; Teacher Contract to Friendly Arbitration

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WPCNR SCHOOL DAYS. By John F. Bailey. August 1,2012 UPDATED 11:23 P.M. E.D.T.:


 


A decision on to bond for $34 Million or $48 Million in school building maintenance in 2013 and a Teachers Contract Settlement appear likely this month.


 


The White Plains  Board of Education met Monday evening to discuss recommendations  of the District Finance Committee on extensive maintenance projects for six schools in the district.


 


Supertintendent of Schools Dr. Christopher Clouet told WPCNR after the public session of the meeting that no decision to schedule a bond referendum this fall had been reached. He said the Board would tour Eastview School within the next two weeks to consider the roof repairs and building exterior work suggested, a total of $8.4 Million. 


 


The Superintendent expressed optimism that a settlement on a new contract with the teachers would happen before the start of the school year. Kerry Broderick, President of the Teachers union told WPCNR Wednesday evening, “We are negotiating language changes as well as salary and benefits. All of these are difficult and since they are negotiated as a package, they are all tightly linked. Sorry, I can’t be more specific than that at this time.”


 


Tuesday afternoon Ms. Broderick confirmed that the negotiating atmosphere had changed


 


“We are still at impasse and mediation is scheduled for August 16th. These negotiations are not contentious, so we continued to try to resolve our differences during the summer. However, both sides agree that a neutral third party will help us. I am optimistic we will settle.


 


Consensus of the Board  despite much handringing over the 1% property tax increase it would mean during discussion Monday night leaned toward doing the work for all the elementary schools, high school and middle schools . 


 


To execute both Plans ($30 Million for priority maintenance for the elementaries, high school and middle schools and  roughly $15 Million for the second plan including wiring for WI-FI wireless capability in all district buildings at a cost of $5.8 Million) beginning next summer  would require a referendum to finance $48 Million in new school debt in October.


 


The Board has decided to tour Eastview School and decide based on their tour whether to vote to fund $34 Million or $48 Million on August 13, Clouet indicated, amounts subject to vary depending on what the Board finds.


 


Members of the board were told by the Buildings and Grounds Supertindent that financing is at an historic low in interest rates and the maintenance done now would be most advantageous for the district.


 


Teacher Negotiations Expected to Settle by Start of School


 


The Board of Education then  went into a Executive Session to discuss teacher contract negotiations which have been at an impasse according to Kerry Broderick, President of the White Plains Teachers Association.


 


Superintendent of Schools Clouet left the Executive Session at 10 P.M., and WPCNR asked him about the teacher negotiations status and how teachers pay is being affected now that they are without a contract.


 


Clouet said the teachers who are not at the ceiling of pay would receive their usual step pay   increase for their additional year of longevity. However, Clouet said teachers currently at ceiling pay levels already would not receive a step increase, of which “there are a lot,” Clouet said.


 


Asked if the negotiations were still at an impasse, Clouet said the atmosphere had thawed and the district and teachers were talking and that he hoped for a settlement before the start of the school year.


 


Kerry Broderick, Teachers Union President, confirmed this to WPCNR in a e-mailed statement Tuesday afternoon.


 


“We are still at impasse and mediation is scheduled for August 16th.  These negotiations are not contentious, so we continued to try to resolve our differences during the summer.  However, both sides agree that a neutral third party will help us.  I am optimistic we will settle.

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WINS: ASTORINO SAYS PLAYLAND LOSING $3 TO 5 MILLION IS NO LONGER AN OPTION

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WPCNR WESTCHESTER COUNTY-CLARION LEDGER. JULY 31, 2012 UPDATED 11:17 P.M. E.D.T.:


CBS Radio’s Paul Murnane on WINS this evening reported Westchester County Executive Robert P. Astorino saying, “Cash strapped Westchester losing $3 to 5 Million a year on Rye Playland is no longer going to be an option,” and that trend in losses is likely to continue. A decison on the park future will be made in September.


Director of Communications for Westchester County, Ned McCormick, told WPCNR this evening, “He never said Playland is closing. The losses at Playland are nothing new. “



The Midway at Playland


The report comes within days after the County Board of Legislators received reports that Playland attendance this summer is down 5.6% and revenues 10.6%. However this attendance decline has developed over the three years of a $35 Admission policy per person to enter the park on top of a $7 Parking fee, considerably raising the cost of entering the park.


The county is currently considering a series of proposals for revamping the park. The leading contender and apparently the most organized is a group calling itself Sustainable Playland, which plans on creating a sculpture garden at the entrance, adding an indoor/outdoor sport facility, an outdoor field, and a walking park on the shore, while retaining the ice casino and a number of the landmark rides.


A lease, yet to be approved by the county Board of Acquisitons and Contracts, is also under consideration to be granted a Children’s Museum group that would spend $14 Million to house its museum in the North Basthouse. That depends, according to County Communications Director Ned McCormick, speaking to WPCNR last Friday, on the museum group showing the county they have the money to execute the museum within two years.


McCormick told WPCNR Monday that selling Playland (should none of the three proposals for Playland be deemed acceptable to the County) would require any buyer to pay market value for the 100 acres and replace the 100 acres with other land, because Playland is considered “parkland.” McCormick said this requirement on the part of any entity buying Playland was unlikely to be met.

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FBI ANNOUNCES $731 MILLION SETTLEMENT WITH POKER STARS AND FULL TILT POKER

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WPCNR FBI WIRE. Special to WPCNR from the Federal Bureau of Investigation. July 31, 2012:


Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has entered into settlement agreements with PokerStars and Full Tilt Poker—two of three online poker companies sued by the U.S. in a money laundering and forfeiture complaint that was originally filed in April 2012—that were approved today by U.S. District Judge Leonard B. Sand.


Under the terms of the settlement with Full Tilt Poker (“Full Tilt”), the company agreed to forfeit virtually all of its assets to the U.S. to fully resolve the charges in the complaint.


Under the terms of the settlement with PokerStars, the company agreed to forfeit $547 million to the U.S. and to reimburse the approximately $184 million owed by Full Tilt to foreign players in order to fully resolve the allegations in the complaint. The settlement further provides that PokerStars will acquire the forfeited Full Tilt assets from the government. Full Tilt’s U.S. fraud victims will be able to seek compensation for their losses from the Department of Justice from the $547 million forfeited by PokerStars.


Manhattan U.S. Attorney Preet Bharara said,


“We are pleased to announce these settlements by Full Tilt Poker and PokerStars, which allow us to quickly get significant compensation into the victim players’ hands. Today’s settlements demonstrate that if you engage in conduct that violates the laws of the United States, as we alleged in this case, then even if you are doing so from across the ocean, you will have to answer for that conduct and turn over your ill-gotten gains.”


“Today’s forfeiture is another important step in the FBI’s investigation, allowing for serious compensation of victims. This should serve as a deterrent to others who look to actively circumvent United States law—onshore or offshore, you will be held responsible for those actions. Pokerstars and Full Tilt bet the house on their illicit scheme; fortunately, we were holding the trump card,” said FBI Assistant Director Janice K. Fedarcyk.


Under the terms of the settlement with Full Tilt, U.S. victims of the company’s alleged fraud will be able to seek compensation from the Department of Justice (DOJ). The funds that will be used to compensate qualifying victims will come from the $547 million that will be forfeited by PokerStars as part of its settlement with the government.


In addition to forfeiting $547 million to the U.S., under the terms of the settlement with PokerStars, the company must make available to foreign players all balances that were held in the Full Tilt accounts within 90 days; the amount of those balances is approximately $184 million.


Pokerstars will also acquire the forfeited Full Tilt assets from the government. PokerStars’ acquisition of the forfeited Full Tilt assets will be complete upon the government’s receipt of a $225 million payment from PokerStars, which must take place within six days of the entrance of today’s settlement.


Additional terms of the PokerStars settlement include:



  • Within 45 days of the acquisition of the forfeited Full Tilt assets, Isai Scheinberg, who is presently under indictment in a related criminal case, shall not serve in any management or director role at PokerStars. This provision is subject to re-evaluation by the parties upon the resolution of the criminal case.
  • PokerStars is also prohibited from employing, or otherwise hiring, Full Tilt Poker insiders Raymond Bitar, Howard Lederer, Rafael Furst, Chris Ferguson, and Nelson Burtnick. Bitar and Burtnick are also named as defendants in a related criminal Indictment. Bitar, Lederer, Furst, and Ferguson are named as civil money-laundering defendants in this complaint.
  • PokerStars is prohibited from offering online poker in the U.S. for real money unless and until it is legal to do so under U.S. law.
  • The government will maintain a portion of the $547 million forfeited by PokerStars as a substitute for the forfeited Full Tilt assets to cover the litigation of claims by other parties asserting interests in the forfeited Full Tilt assets.

The settlements entered today with regard to Full Tilt Poker and PokerStars, and the proposed settlement with regard to Absolute Poker, do not constitute admissions of any wrongdoing, culpability, liability, or guilt by any parties. Under the terms of a “domain name use” agreement entered into between PokerStars and the government on April 20, 2011, the company previously settled its accounts with U.S. players.


In a related matter, the U.S. Attorney’s Office also filed a motion requesting that the court enter a settlement agreement reached with Absolute Poker/Ultimate Bet that requires the company to forfeit all of its assets in order to fully resolve this action.


The motion also requests that the government be permitted to liquidate the Absolute assets, with the net proceeds of that sale to be held pending the resolution of claims filed by other parties who have asserted an ownership interest in the Absolute assets.


The following allegations are based on the Amended Civil Forfeiture Complaint filed in September and the indictments returned in the related criminal action:


On October 13, 2006, the United States enacted the Unlawful Internet Gambling Enforcement Act (UIGEA), making it a federal crime for gambling businesses to “knowingly accept” most forms of payment “in connection with the participation of another person in unlawful Internet gambling.”


Despite the passage of the UIGEA, Full Tilt Poker, PokerStars, and Absolute Poker/Ultimate Bet (the poker companies), each located offshore, continued operating in the United States.


Because U.S. banks and credit card issuers were largely unwilling to process their payments, the poker companies allegedly used fraudulent methods to circumvent federal law and deceive these financial institutions into processing payments on their behalf.


 For example, the poker companies arranged for the money received from U.S. gamblers to be disguised as payments to hundreds of non-existent online merchants purporting to sell merchandise such as jewelry and golf balls. Of the billions of dollars in payment transactions that the poker companies deceived U.S. banks into processing, approximately one-third or more of the funds went directly to the poker companies as revenue through the “rake” charged to players on almost every poker hand played online.


To accomplish their fraud, the poker companies worked with an array of highly compensated “payment processors” who obtained accounts at U.S. banks for the poker companies.


The payment processors lied to banks about the nature of the financial transactions they were processing and covered up those lies, by, among other things, creating phony corporations and websites to disguise payments to the poker companies.


For example, a PokerStars document from May 2009 acknowledged that they received money from U.S. gamblers through company names that “strongly imply the transaction has nothing to do with PokerStars” and that PokerStars used whatever company names “the processor can get approved by the bank.”


Full Tilt Poker further defrauded players by misrepresenting that player funds on deposit in online gambling accounts were safe, secure, and available for withdrawal at any time.


In reality, the company did not maintain funds sufficient to repay all players and, instead, utilized players’ funds to distribute more than $400 million to Full Tilt’s owners.


By March 31, 2011, two weeks before the initial complaint in this action was unsealed, Full Tilt Poker owed approximately $390 million to players around the world, including approximately $160 million to players in the United States.


At that time, Full Tilt Poker had only approximately $60 million on deposit in its bank accounts.


Full Tilt Poker’s scheme continued even after the civil forfeiture action commenced and the related criminal indictment was unsealed in April 2011. Full Tilt Poker continued accepting foreign player funds despite the fact that it had liabilities to players around the world for over $300 million yet held only a small fraction of that amount in its bank accounts.


Eleven defendants were charged criminally in connection with the original Internet poker indictment, seven of whom have been arrested.


The defendants who have been arrested are: Raymond Bitar, Bradley Franzen, Ryan Lang, Ira Rubin, Brent Beckley, Chad Elie, and John Campos.


All seven defendants except Bitar have each pled guilty and await sentencing with the exception of Campos, who was sentenced in June 2012 to three months in prison. Charges are still pending against the remaining four defendants—Nelson Burtnick, Isai Scheinberg, Paul Tate, and Scott Tom—who remain at large. The charges and accusations against them are allegations, and they are presumed innocent unless and until proven guilty.


U.S. Attorney Preet Bharara praised the FBI for its outstanding leadership in the investigation, which he noted is ongoing.


This matter is being handled by the Office’s Asset Forfeiture and Complex Frauds Unit. Assistant U.S. Attorneys Sharon Cohen Levin, Michael Lockard, Jason Cowley, and Andrew Goldstein are in charge of the civil money laundering and forfeiture action. Assistant U.S. Attorneys Arlo Devlin-Brown, Nicole Friedlander and Niketh Velamoor are in charge of the criminal case.

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Council Mulls Accepting FASNY RIDGEWAY EIS and OPEN SPACE ORDINANCE

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WPCNR COMMON COUNCIL CHRONICLE EXAMINER By John F. Bailey. July 31,2012:


 


The Common Council met before a phalanx of barristers and interested parties Monday evening to consider whether the French American School of New York  Environmental Impact Statement was “complete” and all scoping questions raised by the Draft Environmental Impact statement were covered.  The Open Space Zoning Ordinance generic environmental impact statement was also considered for its completeness.


 


No connection, but the Open Space Zoning Ordinance, would ban housing subdivisions on the three golf course properties in the city (Fenway Golf Club, Westchester Hills Golf Club and the defunct Ridgeway Golf Club where the French American School is planning a 7 -building campus, the subject of the Environmental Impact Statement)  and expand the distances of setbacks for any school or institutional buildings on those three properties.


 


Susan Habel, Commissioner of Planning in her last official week as Planning Commissioner (she retires August 4, unless the city reaches out and retains her in future weeks as these complex matters move forward) stated that all department heads had signed off on the 5oo-plus page document. The Environmental Impact Statement is scheduled for consideration for acceptance as  complete next Monday, to start the public hearing process on the French American in September.


 


Councilman John Martin and  Councilman Benjamin Boykin at the close of Ms. Habel’s report expressed anxiety that if public hearings on the FASNY Environmental Impact Statement were scheduled in September that the public would not have enough time to review the massive document in view of the Jewish holidays that are compressed this year.


 


Ms. Habel and Mayor Roach pointed out that legally the city is obligated to schedule hearings within 45 days of “acceptance” (not approval) that the French American School of New York Environmental Statement on their proposed site plan for their campus on the former Ridgeway Country Club is complete (which in this case, WPCNR notes is,if the Environmental Statement is accepted next Monday August 6), a public hearing would have to be scheduled the third week in September (the week of September 19)


 


There is the option of the Council sending the environmental impact statement back t o FASNY as incomplete. Points raised by Mr. Martin about safety issues and what the details of the conservancy planned on the site by FASNY as being vague, were not reasons for rejecting the document as being incomplete, Steven Silverberg, the city’s legal consultant said. Habel also pointed out that before any final action the Common Council to write in specific requirements of safety and conservancy, and traffic concerns.


 


Habel said the city was particularly going to evalutate the computer model of traffic flows supplied by the school with the environmental impact  statement. Habel said the school has suggested that changing timing on traffico lights at key intersections would ease traffic flow into the Ridgeway Avenue site. She said those suggestions would be analyzed by the Commissioner of Traffic.


 


The new Open Space Zoning Ordinance appears headed for a vote Monday to be scheduled for a public hearing in September, too. The ordinance unchanged with the effects of expanding setback distances for private institutions and eliminating housing subdivisions on two operating private golf courses in the city, Fenway Golf Club and Westchester Hills, and a third course, now not operating and owned by the French American School, the property that is the focus of the above Environmental Impact Statement.

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Carhart Association Protests Planned Detox Center at Former Miller Nursing Home

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WPCNR NEIGHBORHOOD WATCH. From the Carhart Neighborhood Association  July 30,2012 UPDATED WITH PICTURE OF SITE:


 


On July 17th the Planning Board voted to recommend to the Common Council that they issue a special use permit and approve site plans for Sunrise Detox Center to operate a 31-33 bed facility at 37 De Kalb Avenue (the former site of the Nathan Miller nursing home) (below).


 



 


The proposed drug and alcohol detox center would be located in a quiet residential neighborhood with several elementary school bus stops within a few blocks including one on the same corner. There is also a special education day program at St. Matthew’s church two blocks away servicing developmentally disabled individuals.


 


There are also several liquor stores and drug stores within a short walk of the proposed site.


 


Fears over safety concerns have been fueled by reported police logs of assaults (including sexual) as well as several missing persons at the two existing Sunrise detox facilities in Florida and New Jersey.


 


This issue will come before the White Plains Common Council at their next meeting on Monday August 6th and all concerned citizens are urged to appear at 6:30 PM at the Municipal Building 255 Main Street- 2nd Floor to voice their opposition to this project.


 


In conjunction with an extensive White Plains wide petition drive, there is an online petition available at www.ipetitions.com/petition/no-detox.


 


A Public Hearing on this matter will most probably be set for the September 4  Common Council meeting, (not September 10, as previously stated).


 


For additional information, please contact the Carhart Neighborhood Association at nodetox@gmail.com

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PLAYLAND REVENES DECLINE 10.6%. ATTENDANCE DECLINES 5.8% AT MIDSUMMER

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WPCNR COUNTY-CLARION LEDGER. July 30, 2012:


 


The Journal News noted in a news brief Sunday that the County Board of Legislators received a report on 2012 Playland (the county-owned 1929-vintage amusement park in Rye) attendance.


 


The park through July 15 has attracted 193,749 visitors, 12,078 fewer paying customers than the 205,825 attracted in 2011, a decline of 5.8%. Revenues declined, the report to  the Board said, 10.6% from $4.7 Million in 2011 to $4.2 Million this year.


 


 

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Three Tappan Zee Bridge Proposals Received by Thruway Authority

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WPCNR TAPPAN ZEE BRIDGE NEWS. Special to WPCNR From the New York State Thruway Authority. July 27, 2012:


 At 5:30 P.M. Friday afternoon, Brian Conybeare, Special Advisor the Governor on the New Tappan Zee Bridge, issued this statement:


“Today the Thruway Authority received three proposals for building a new bridge to replace the Tappan Zee. The proposals comprise more than 70 boxes and an estimated 750,000 pages. The submitted bids are from the following teams:


Kiewit-Skanska-Weeks Joint Venture


(Kiewit Infrastructure Co., Skanska USA Civil Northeast Inc., and Weeks Marine, Inc.)


Tappan Zee Bridge Partners, a Bechtel/Tutor Perini Joint Venture


(Bechtel Infrastructure Corporation and Tutor Perini Corporation)


Tappan Zee Constructors


(Fluor Enterprises, Inc., American Bridge Company, Granite Construction Northeast, Inc., and Traylor Bros., Inc.)


The first stage involves reviewing the proposals for completeness and compliance before the proposals are deemed accepted for substantive selection review, a process expected to take four weeks given the massive volume of material. Additional information regarding the selection process that will begin in four weeks will be available next week, and the process will be open and transparent as federal procurement law will allow.”

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City Schedules Special Meeting of Council to Discuss Chamberlain Lawsuit, FASNY

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WPCNR CITY HALL CIRCUIT. JULY 27, 2012: At 6:24 Friday evening, the City Clerk noticed a Special Meeting of the Common Council Monday evening to discuss the status of the French American School of New York Draft Environmental Impact Statement, and the DEIS of the Recreation District Zoning Ordinance setting tighter zoning restrictions on large tracts of privately owned land in the city.


In Executive Session, they will discuss the lawsuit brought against the city by Kenneth Chamberlain, Jr.


The Agenda:


COMMON COUNCIL


AGENDA


SPECIAL MEETING


July 30, 2012


5:30 P.M.


RESOLUTION:


1. Communication from the City Clerk in relation to a request by Milonga Arepas & Tapas Grill, Inc., 74 Mamaroneck Avenue, for a waiver of the thirty (30) day notification requirement set forth in Section 64(2)(a) of the New York Alcoholic Beverage Control Law.


2. Resolution of the Common Council of the City of White Plains waiving the thirty (30) day notification requirement set forth in the New York State Alcoholic Beverage Control Law in regard to an application submitted by Teresa Espinoza,owner of Milonga Arepas & Tapas Grill, Inc., (“Applicant”), located at 74 Mamaroneck Avenue for the re-submission of an application for a liquor license due to an error in the original submission.


DISCUSSION:


3. Capital Projects: Rolling Stock; Purchase of real property.


4. Open Space Recreation District (OSRD) – Draft Generic Environmental Impact Statement.


5. French American School of New York – FASNY – Draft Environmental Impact


Statement.


6. Entertainment of a motion to enter into executive session for the purpose of discussing:


tax review proceedings in the matters of Sears Roebuck & Co., #1333 v. The City of


White Plains; Norstrom, Inc., v. The City of White Plains; and, pending litigation in the


matters of Kenneth Chamberlain Jr. As the Administrator of the Estate of Kenneth


Chamberlain, Sr. V. City of White Plains, et. al.; City of White Plains v. Albert A. Nolletti


and Gedney Farms Wholesale Nursery, Inc.

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Con ED: Almost Everyone Back After Storm Outages. Peak Demand Day of 2012

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WPCNR THE POWER NEWS. From Con Edison. July 27, 2012:


 Con Edison crews have restored almost all of the 4,800 customers that were affected by last evening’s severe storms.


As of 4:45 a.m. only 35 customers remained out of service, 19 of them in Yonkers.


Outages peaked between 8 p.m. and 9 p.m. last evening. Over 75 percent of those who lost service from the storm were restored by midnight.


During today’s sweltering heat wave, Con Edison reported a new electric peak for 2012 of 12,836 megawatts (MW) at 1 p.m. Thursday, surpassing Wednesday’s high of 12,455 megawatts at 6 p.m.


The all-time electric peak for Con Edison’s service area was 13,189 MW set on July 22, 2011 at 4 p.m.

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City to Acquire 3rd Side-Load Garbage Truck. Recommends Buying Seaberg Bldg.

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. July 26, 2012:


The Capital Projects Board voted to acquire a new sidearm-loading garbage truck Thursday afternoon for $275,000, while eliminating purchase of two rear-loading garbage trucks. John Callahan, city Corporation Counsel, confirmed the truck was the third truck to be acquired by the city, pending approval by the Common Council.


Eileen Earl, the long-time consultant to the financial department explained the new truck is being acquired for the efficiency and labor-saving it has shown in the one year trial of the first truck.


Mr. Callahan in the meeting, also announced the city has reached an agreement to acquire 200 Westchester Avenue, (known as the Seaberg Building) adjacent to the city Department of Purchasing at the eastern “gateway” to the city. The building will be acquired for $465,000 (pending approval by the Common Council), plus $25,000 for renovation, and $5,000 closing costs for a total purchase of  $495,000. Michael Genito, the city Commissioner of Finance told WPCNR the cost of the building would be financed over twenty years.


Earl said the city had been trying to acquire the building for about twenty years since the Seaberg food operation previously located there closed.The building is being purchased from Consortium Properties, LLC. She offered the opinion the building had long been an “eye-sore” on Westchester Avenue.


Commissioner of Public Works, Joseph Nicoletti said the building would be used for storage of water department equipment, currently stored out of doors. He said the purchase gives the city access to the DPW lot off South Kensico Avenue, from Westchester Avenue. Nicoletti said the city would renovate the exterior of the building to match the facade of the city-owned Department of Purchasing building.


The purchase is the third such land investment approved by the Capital Projects Board in a month. Previously the city decided to build a parking garage adjacent the Esplanade for $17 Million; purchase the Gerber Building for $2.7 Million and now the Seaberg piece for $495,000.


Asked what the city was eyeballing for acquisition next, Callahan did not indicate whether other properties were being eyed by the city or not.

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