Police Arrest Two in Drug Raid at 159 Lex

Hits: 0

WPCNR Police Gazette From the White Plains Department of Public Safety. February 5, 2011:


On Tuesday February 4, 2011, at approximately 2:10 AM, members of the White Plains Police arrested two men on narcotics charges stemming from a month long investigation.



The investigation stemmed from resident and area complaints of drug activity at 159 South Lexington Ave.  After a month long investigation, Wilson Miller age 20, and Devone Byyant age 23 were arrested by Narcotics Detectives as they were walking out of 159 South Lexington Ave.  White Plains Police Emergency Services Personnel then executed a search warrant to Suspect Miller’s apartment on the 9th floor. 



 Inside the apartment they seized 56 packages of crack cocaine, small amounts of powder cocaine, ecstacy pills, marijuana, 29 rounds of live 9 MM ammunition and a replica 9 mm pistol.(shown above)  Also seized in the raid was packaging and weighing paraphernalia consistant with a drug dealing operation.


 


Public Safety Commissioner David Chong stated “We believe that these arrests will have a positive effect on the close-knit community living in the Winbrook apartment complex. I applaud them and the neighborhood for showing no tolerance to this behavior.”


 


Both defendants were charged with two felony counts of Criminal Possession of a controlled substance as well as various other drug charges.


 


 

Posted in Uncategorized

Council to Propose Moratorium on building in R1-12.5 and R1-30 Zoning Districts

Hits: 0

WPCNR Common Council Chronicle Examiner February 5, 2011 UPDATED 3:25 PM EST,February 7, 2011: 


The Common Council will meet Monday evening. Ahe agenda will be a public hearing on a law which would impose a moratorium on building in on the R1-12.5 and are R1–30 lots not controlled by the White Plains City School District, and “which are shown on the 1997 Comprehensive Plan Land Use Map as ‘Parks and Open Space’ for an interim period.”   Pending further information on this law, it appears to be aimed at the French American School of New York plans to build on the Ridgeway Country Club property which the school recently acquired recently acquired.


 WPCNR has just learned that the City of White Plains will  also honor Stepinac High School’s 2010 undefeated Crusaders football team at 7:15 PM, tonight, Monday, February 7,  in the Council chambers at White Plains City Hall on Main Street during  the Citzens To Be Heard portion of the regular Common Council Meeting. Members of the team as well as Coach Mike O’Donnell and other school officials will be on hand.


 The city will be appointing Ybelize Pilarte and Angela Ocampo to the Youth Board and William Meyer to the Planning Board.  There will also be a public hearing scheduled on building a nursing facility at the corner of Church and Barker streets. The meeting takes place at 7:30 PM Monday evening at City Hall.


The Agenda:


 



COMMON COUNCIL


AGENDA


REGULAR STATED MEETING


February 7, 2011


7:30 P.M.


                                                                                               


PLEDGE TO THE FLAG: Hon. Dennis Power


 


 


ROLL CALL:            City Clerk


 


 


LOCAL LAW:


 




1.                  Communication from Commissioner of Planning in relation to the scheduling of a public hearing for March 7, 2011 in relation to Introductory Local Law No. 1 for 2011 adopting a moratorium on land use approvals.


 


2.                              Communication from Environmental Officer


 


3.                              Local Law Introductory No. 1 of 2011.   A local law adopting a moratorium on land use approvals pertaining to parcels in the R1-12.5 and R1-30 Zoning Districts in the City of White Plains (“City”) not owned by or under the control of the City of White Plains School District, and which are shown on the 1997 Comprehensive Plan Land Use Map as ‘Parks and Open Space’ for an interim period.”


 


4.                              Resolution of the Common Council of the City of White Plains scheduling a public hearing for March 7, 2011 in relation to Introductory Local Law No. 1 of 2011 entitled, “A local law adopting a moratorium on land use approvals pertaining to parcels in the R1-12.5 and $1-30 Zoning Districts in the City of White Plains (“City”) not owned by or under the control of the City of White Plains School District, and which are shown on the 1997 Comprehensive Plan Land Use Map as ‘Parks and Open Space’ for an interim period.”


 


ADJOURNED


PUBLIC HEARING:


 




5.                  Public Hearing in relation to the application submitted on behalf of Westchester Healthcare Properties I, LLC, for a Special Permit/Site Plan Approval for the development of a six (6) story approximately 101,000 square foot skilled nursing facility that will house 180 beds and include administrative and staff offices, common dining and recreation facilities and an outdoor garden and underground parking garage and will be known as the White Plains Institute of Rehabilitation and Healthcare, at the corner of Church Street and Barker Avenue (120 Church Street).


 


6.                  Communication from Commissioner of Building in relation to the application submitted on behalf of Westchester Healthcare Properties I, LLC, (Congress) for a Special Permit/Site Plan Approval for the development of a six (6) story skilled nursing facility to be known as the White Plains Institute of Rehabilitation and Healthcare, at the corner of Church Street and Barker Avenue (120 Church Street).


 


7.                              Communications received from      Design Review Board


8.                                                                                          Commissioner of Planning


9.                                                                                          Planning Board


10.                                                                                     Public Safety


11.                                                                                     Public Works


12.                                                                                     Commissioner of Traffic


13.                                                                                     Traffic Commission


14.                                                                                     Commissioner of Parking


15.                                                                                     Westchester County Planning Board


16.                                                                                     Environmental Officer


 


17.                         Environmental Findings Resolution


 


18.                         Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Westchester Healthcare Properties I, LLC, (“Applicant”) for Special Permit and Site Plan Approval for a skilled nursing and rehabilitation facility to be known as the “White Plains Institute of Rehabilitation and Healthcare” to be located at 116-120 Church Street consisting of a six (6) story, approximately 96,989 square foot building that will house 180 beds and include administrative and staff offices, common dining and recreation facilities, a second level outdoor landscaped plaza and a two level parking garage.


 


 


FIRST READING


ORDINANCES:


 


19.             Communication from Corporation Counsel in relation to the settlement of certain tax review proceedings.


 


20.                         Ordinance authorizing the settlement of certain tax review proceedings.


 


 


21.             Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5348, City Hall Relocation/Rehabilitation Study.


 


22.                         Communication from Environmental Officer


 


23.                         Environmental Findings Resolution


 


24.                         Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5348, City Hall Relocation/Rehabilitation Study.


 


25.                         Bond Ordinance authorizing the issuance of $252,500 bonds of the City of White Plains, Westchester County, New York, to pay planning and design costs of a City Hall relocation or rehabilitation study in and for said City.


 


 


26.             Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions for various upcoming events in the downtown area sponsored by the City of White Plains and the White Plains Business Improvement District.


 


27.                         Ordinance of the Common Council of the City of White Plains authorizing the closure of certain portions of public streets and designating March 12, 2011, April 20, 2011, September 7, through September 11, 2011 as the White Plains Downtown “Rising Star Sidewalk Sales” Days; April 30, 2011 as Sustain White Plains Celebration for the culmination of Earth Week in White Plains; October 9, 2011 as “Octoberfest 2011″; and December 31, 2011 and January 1, 2012 as White Plains “New Year’s Eve Spectacular”, all events sponsored by the City of White Plains and the White Plains Business Improvement District.


 


 


28.             Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions on Saturday, March 12, 2011, for the 14th Annual St. Patrick’s Day Parade.


 


29.                         Ordinance of the Common Council of the City of White Plains authorizing the closure of certain public streets and appropriate parking restrictions on March 12, 2011 for a Saint Patrick’s Day Parade sponsored by the White Plains Saint Patrick’s Day Parade Committee and the White Plains Business Improvement District (BID).


 


 


30.             Communication from Commissioner of Public Works in relation to a contract with the County of Westchester in relation to snow removal from County roads.


 


31.                         Ordinance authorizing a multi-year contract between the City of White Plains and the County of Westchester in relation to snow removal from County Roads.


 


 


32.             Communication from Commissioner of Public Safety in relation to an Impact Tools Grant from the New York State Department of Criminal Justice Services.


 


33.                         Ordinance authorizing the Mayor, or his designee, to enter into a contract with the New York State Department of Criminal Justice Services to receive an Impact Tools Grant, as well as the transfer of funds within the 2010-2011 Special Revenue Fund Budget for the Department of Public Safety to reflect this Grant.


 


 


34.             Communication from Commissioner of Recreation and Parks in relation to a donation from Yoko Battista, on behalf of the Niji No Kai Organization in the amount of approximately $2,295, for the installation of a garden area at Turnure Park.


 


35.                         Ordinance of the Common Council of the City of White Plains authorizing the Mayor to accept, on behalf of the City of White Plains, a donation from Yoko Battista, on behalf of the Niji No Kai Organization in the amount of approximately $2,295, for the installation of a garden area with an attractive monument as a permanent fixture within Turnure Park.


 


 


36.             Communication from Acting Commissioner of Recreation and Parks transmitting the proposed fee schedule for the Department of Recreation and Parks.


 


37.                         Ordinance of the Common Council of the City of White Plains establishing and approving a Schedule of User Fees for the White Plains Department of Recreation and Parks.


 


 


38.             Communication from Director, Youth Bureau, transmitting the proposed fee schedule for programs and camps operated by the Youth Bureau.


 


39.                         Ordinance of the Common Council of the City of White Plains establishing a fee schedule for various programs and camps organized and operated by the Youth Bureau for Fiscal year 2011-2012.


 


 


40.             Communication from Director, Youth Bureau, in relation to a donation from Mr. & Mrs. Peter Eiden to support the Youth Bureau’s existing White Plains Reads Program.


 


41.                         Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to accept, on behalf of the City of White Plains Youth Bureau, a donation from Mr. & Mrs. Peter Eiden to support the Youth Bureau’s existing White Plains Reads Program and to amend the FY 2010-2011 Youth Development Fund to reflect this donation.


 


 




42.             Communication from Director, Youth Bureau, in relation to the amendment of a previously adopted ordinance regarding a contract with the County of Westchester Department of Community Mental Health to receive funding from the New York State Office of Alcoholism and Substance Abuse Services (OASAS), for the continuation of the Project Hope Program.


 


43.                         Ordinance amending an ordinance entitled, “An ordinance authorizing the Mayor to enter into a contract with the County of Westchester Department of Community Mental Health to receive $900,021 in funding through the New York State Office of Alcoholism and Substance Abuse Services (OASAS).”


 


 


44.             Communication from Director, Youth Bureau, in relation to a donation from Webster Bank, N.A. to support the Youth Bureau’s Saturday Academy.


 


45.                         Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to accept, on behalf of the City of White Plains Youth Bureau, a donation from Webster Bank, N.A., to support the Youth Bureau’s Saturday Academy Program through June 30, 2011 and to amend the FY 2010-2011 General Fund Budget to reflect this donation.


 


 


46.             Communication from the Chairman, Traffic Commission, in relation to a proposed amendment to the Traffic Ordinance at various locations around the City.


 


47.                         Ordinance amending the Traffic Ordinance of the City of White Plains in relation to No Parking, Two Hour Parking and No Standing At Any Time.  


 


 


48.             Reserved


49.             Reserved


 


 


RESOLUTIONS:


 


50.             Communication from Commissioner of Public Works in relation to the scheduling of a public hearing for March 7, 2011 on the proposed discontinuance of two small sections of public right-of-way, the paper streets of Benton Road and Middle Road.


 


51.                         Resolution of the Common Council of the City of White Plains scheduling a public hearing for March 7, 2011 on the proposed discontinuance of two small sections of public right-of-way, the paper streets of Benton Road and Middle Road in the City of White Plains.


 


 


52.             Communication from Corporation Counsel in relation to overdue payments in lieu of taxes against the premises known as the City Center Project.


 


53.                         Resolution of the Common Council of the City of White Plains waiving interest and penalties associated with overdue payments in lieu of taxes against the premises known as the City Center Project.


 


 



ITEMS FOR REFERRAL:


 


54.              Communication from Commissioner of Building transmitting a request submitted on behalf of The Metropolitan for a one year extension of site plan approval for construction of a residential building at Maple and DeKalb Avenues.


 


 


 


55.             Communication from Commissioner of Building transmitting revised plans submitted on behalf of Westchester Church of Christ, 511 North Street, for an addition to an existing building to add auditorium and classroom space.


 


 


ITEMS FOR INFORMATION:


 


56.             Communication from Chairman, Capital Projects Board, transmitting the Capital Improvement Program for Fiscal Year 2011-2012 and the succeeding five years.


 


 


57.             Communication from the Budget Director, transmitting the Quarterly Capital Projects Status Report for the Second Quarter Ending December 31, 2010.


 


 


58.             Communication from the Mayor in relation to the appointments of Ybelize N. Pilarte and Angela X. Ocampo to the Youth Board to terms which will expire on December 31, 2012.


 


 


59.             Communication from the Mayor in relation to the appointment of William Meyer as a member of the Planning Board to a term which will expire on December 31, 2017.

Posted in Uncategorized

I do I do comes to WBT– Opening February 10–In Time for Valentine’s Day

Hits: 0



 


 


 

WPCNR Stage Door February 4, 2011:

 

I Do I Do, based on the  Jan de Hartog play, The Fourposter, a great Valentine’s Day Show opens February 10 at the Westchester Broadway Theatre as the WPG’s great spring show for lovers of all ages.

 

The story spans fifty years, from 1895 to 1945, as it focuses on the trials and tribulations, laughters and sorrows, and hopes and disappointments experienced by Agnes and Michael Snow throughout their marriage.  I DO! I DO! is a remarkably intimate, romantic piece. We are invited into the bedroom of newlyweds Michael & Agnes who anticipate a wonderful blissful life…”Together Forever” as one of the early musical selections would have us believe. As we all know, reality sets in as the young couple struggle to maintain their happiness, passion, devotion and yes even a sense of humor, through all the joys, pains, trials and tribulations that they share in their 50 years of marriage. 

 

 

 In Honor of the show, the WBT is asking you SEND US YOUR STORY about your 50 year-plus Marriage and be our GUESTS to see the show!!  Call: 914-592-2268 X804, Facebook: Westchester Broadway theatre group. or e-mail: Piahaas@cloud9.net. 

.


 

 In 1967, Do! I Do! was more of a musical EVENT than a musical. Schmidt and Jones wrote this musical adaption of the play The Fourposter with one goal in mind – to unite two of Broadway’s then-greatest stars, Mary Martin and Robert Preston. Martin signed on from the start but Preston took some convincing. Unique in the annals of musical theatre,  I Do! I Do!  is the antithesis of the standard lavish Broadway musical. With only two stars, no chorus, and one set, it marked the beginning of a minimalist period which continued well into the 1980’s. The score is diverse in style to showcase its two performers and there are many terrific songs. From the wedding night innocence of ”Goodnight’‘, to the hat-and-cane sophistication of    ”It’s A Well-Known Fact”, to the fun vamping of ”Flaming Agnes”, to the bouncey ”When The Kids Get Married”, to the 11:00 ballad ”What Is A Woman?”, there is something for all musical tastes.

 

After four previews, the Broadway production, directed and choreographed by Gower Champion, opened on December 5, 1966 at the 46th Street Theatre, where it ran for 560 performances. 

 

Mark Zimmerman is happy to be making his debut   as Michael at the  Westchester Broadway Theatre.  Over his 30 plus years as an actor he has performed in seven Broadway shows (including West Side Story, A Catered Affair, The Rainmaker, On the 20th Century & Brigadoon), the National tours of Mamma Mia and Kiss of the Spider Woman, and at numerous Off-Broadway and regional theaters.   Mary Martin and Robert Preston comprised the original cast; Carol Lawrence and Gordon MacRae replaced them later in the run. Carol Burnett and Rock Hudson starred in a national tour.  A film adaptation, written by Champion and starring Julie Andrews and Dick Van Dyke, was announced by United Artists in 1969 but, following the commercial failure of several movie musicals, the project was abandoned in the spring of 1970. A television version with Lee Remick and Hal Linden was broadcast in 1982.Mark served as President of Actors’ Equity Association from 2006 through 2009. 

 Lauri Landry’s   Broadway credits include THE SCARLET PIMPERNEL (Marguerite) and ZOYA’S APARTMENT (Alla Vadimovna).  Nationally she toured in WEST SIDE STORY (Maria) and GYPSY (Louise). She also toured the U.S. with the MUSIC OF ANDREW LLOYD WEBBER IN CONCERT singing the Christine/PHANTOM OF THE OPERA portion of the program opposite Michael Crawford.  She went on to standby for Sarah Brightman in the Lloyd Webber Concert at the Palladium Theater in London.   She has been a guest soloist at Royal Albert Hall, with Sir Tim Rice in an evening celebrating his lyrics in Barbados, at the Pittsburgh CLO Richard Rodgers evening honoring Andrew Lloyd Webber and at the Brooklyn Academy of Music’s Celebration of Stephen Sondheim birthday.    Lauri’s regional theater credits include CAROUSEL (Julie Jordan), CAMELOT (Guinevere), GEORGE M (Faye Templeton) and BAT BOY (Meredith Parker).  Lauri has guest starred on several TV shows and she had a long run on the daytime drama ANOTHER WORLD (Nicole Love).  

Richard Sabellico  (Director), In  NYC he directed  “WONDERFUL TOWN” (New York State Theatre), ‘THE COCOANUTS” (American Place Theatre), “A MAJORITY OF ONE” (Drama Desk Nomination), ‘THE HOME OF THE BRAVE”, (Playhouse 91), ‘I CAN  GET IT FOR YOU WHOLESALE” (Drama Desk Award), “RAGS”, “MILK AND HONEY” (American Jewish Theatre), “LEONARD BERNSTEIN; A HELLUVA TOWN” (Rainbow and Desk Nomination), ‘THE HOME OF THE BRAVE”, (Playhouse 91), ‘I CAN  GET IT FOR YOU WHOLESALE” (Drama Desk Award), “RAGS”, “MILK AND HONEY” (American Jewish Theatre), “LEONARD BERNSTEIN; A HELLUVA TOWN” (Rainbow and Stars) and was associate director to Arthur Laurents on “GYPSY” starring Tyne Daly.  National Tours include “STATE FAIR”, “THE MUSIC MAN” (35th Anniversary Tour) and “DIAL M FOR MURDER”   Regionally, at the Goodspeed Opera House “DEAR WORLD”North Shore Music Theatre “ZORBA” Bay Street Theatre “AUNTIE MAME” Ogunquit Playhouse “THE TALE OF THE ALLERGIST’S WIFE”Downtown Cabaret Theatre “BLOOD BROTHERS” (American Premiere),  North Carolina Theatre “THE MUSIC MAN” and Pittsburgh Civic Light Opera “FUNNY GIRL”, “THE MOST HAPPY FELLA”, “BELLS ARE RINGING”, “THE PAJAMA GAME,” “THE MUSIC MAN”  and “MAME” among many, many others.

Posted in Uncategorized

ASSESSMENT REPORT MADE PUBLIC

Hits: 0

WPCNR COUNTY CLARION-LEDGER. FEBRUARY 3, 2011:


Local officials from the Westchester County Municipal Officials Association (WMOA), the NYS Office of Real Property Services, the Westchester County Tax Commission and the New York State Assessors Association today unveiled the final draft of the report of the Westchester Collaborative Assessment Commission (WCAC) during a press conference with Westchester County lawmakers, with the goal of ensuring tax fairness, transparency, greater public support and understanding of property assessments and taxes for Westchester’s residents.  Joined by Westchester County Board of Legislators Chairman Ken Jenkins (D-Yonkers), the Board’s Committee on Housing, Planning & Operations Chair Bill Burton (D-Ossining) and other legislators, members of the Westchester Collaborative Assessment Commission presented its findings during an executive committee meeting of the Westchester County Municipal Officials Association. 


 


The report identifies the need to undertake a Countywide data collection project, require accurate updating and verification of property characteristics and continuous maintenance of all property records, which can be the fundamental component for achieving fairness and equity in the assessment system. “These surely are difficult times. We must provide New Yorkers with property tax relief,” said Chairman Jenkins.  “Everyday residents have seen their property taxes rise at unsustainable rates and the soaring increase to their cost of living.  The debate is no longer whether or not there is a problem, or what caused the problem. The debate is instead over how to ease the burden on homeowners.”


 


The Westchester Collaborative Assessment Commission, a coalition established by resolution of the Westchester County Board of Legislators, prepared the report that identifies the problem of outdated assessment methods and the lack of resources dedicated to the property assessment system in Westchester County.  The report has taken 20 months to complete and over one thousand hours have been dedicated by a committee of elected officials, city managers, local assessors, state agencies and County representatives. “The study team reviewed current assessment administrative and valuation practices throughout the County,” said Al Gatta, Commission Chairman and Village Manager of Scarsdale. “By examining procedures, tools, resources and staffing levels in comparison to the statutory requirements and escalating assessment litigation, the study group defined a path to significantly improve assessment practices.”


 


Westchester’s municipalities collect property taxes, about 16 percent of which goes directly to finance county government.  The county has more than 25 assessing jurisdictions that impose additional property taxes. In almost every municipality in Westchester, the property tax levy is based on a house’s valuation assessment.  The county uses an equalization rate set by the state, which is then used to figure tax bills for homeowners in municipalities with varying assessments.  The system results in unpredictable alternations in county tax bills from year to year among municipalities.  Taxes fluctuate depending on development, tax challenges, or certioraris, and whether local assessment practices have changed. Some communities like Somers, Rye, Pelham, New Castle, Harrison, Mount Kisco and Eastchester will see their county taxes increase, while other communities like Mount Vernon, Peekskill, White Plains, Mount Pleasant and Greenburgh will see there rates go down.


 


In an effort to rectify this condition, last year, the County Board created the Westchester Collaborative Assessment Commission, which is responsible for the development of a regional model for the collection and maintenance of property data that would be used by local assessing units as the standard for recording the characteristics of every parcel of property in their communities.  “It is proper, timely and absolutely critical for the County, cities and towns to form a partnership that will bring modern methods, tools and technology for the assessment of property that will no doubt advance the system to a 21st century model which will help bring long-term social and economic wellbeing to Westchester,” said WMOA President Chuck Lesnick.  “Reassessment would lead to a fairer and transparent process in that property owners would better understand their tax bills.”


 


“This is a gigantic step towards resolving an age-old problem in Westchester that has resulted in years of bad assessment practices and unfair taxation,” said Legislator Burton.  “The Board worked with our municipal partners to develop this project, which will significantly ensure greater transparency, equity and efficiency in the assessment process, which means immediate savings for taxpayers.”


 


The following are major observations and recommendations within the report:


 


·   The creation of a standardized and consistent data collection system that incorporates accurate and detailed property characteristics must be used to build the foundation of a modern mass appraisal system, and shall include a process for ongoing maintenance;


 


·   Potential funding options for a Countywide program of data collection were devised;


 


·   A State and County calendar of dates should be established for all municipalities, including taxable status date, valuation date and tentative and final assessment roll publication dates;


 


·   The creation of a four-year reassessment cycle with year one establishing the base value of a property which shall apply to each of the four years of the cycle subject to adjustment within the cycle only if there is a change in use, physical condition or occupancy. The report specifies seven conditions under which an assessment adjustment is permitted;


 


Jenkins believes that solving the property tax crisis in Westchester County is an important step in making our county more affordable for families again and a home for economic growth. “This proposal is a creative way to develop solutions to this on-going problem.”


 


Copies of the report can be found at www.wmoaonline.com.

Posted in Uncategorized

Unclear How Ridgeway Open Space Will Be Deeded to the City.

Hits: 0

WPCNR South End Times February 2, 2011 UPDATED 6:10 PM EST:


 


The French American School of New York has further clarified its stance on possible quote “deeding” over 75% of its Ridgeway Country Club property to the city. Howthe land will be “deeded” to the city is to be determined.


 


,


Mischa Zabotin, Chairman of the Board of FASNY, right,in this week’s appearance on WHITE PLAINS WEEK, (he appeared with White Plauns attorney,Michael Zarin,left) wrote in a statement to WPCNR Tuesday evening:


 


“It occurs to me that I may have taken a shortcut in describing how it FASNY plans to handle the open space that we commit to deed, probably through a perpetual conservation easement. I did not mean to say that we necessarily plan to give it to the city of White Plains per se as you report in your story about the open house.


 



 


I meant to say that FASNY wishes to deed the land to White Plains (dark gray and dark green shaded areas on property layout above) in a broader sense. We do not yet know today the specific mechanism through which we will accomplish this.


 


We will seek the expert advice and assistance of organizations such as the Westchester Land Trust to determine the best practices in open space preservation.”


 


Asked if  “deeding” meant FASNY would continue to own the land–and any city recreational use of it by the city under whatever deeding is decided upon, would require FASNY approval, Mr, Zabotin wrote in a statement:

 

I am not an attorney so will not get into the specifics of how a conservation easement or deed work. Fasny’s intent is that the land we do not need for our campus be preserved as open space and used in a manner determined by the residents of White Plains, probably as passive recreational space. We would not seek to use for further development any of that open space once its boundaries have been defined. 



I hope this is all clear. 




 

Posted in Uncategorized

NOAA opens 4000 miles of shrimp waters in the Gulf

Hits: 0

WPCNR GREEN NEWS. From National Oceanic and Atmospheric Administration. February 3, 2011:


NOAA Thursday will reopen 4,213 square miles of Gulf of Mexico federal waters off Louisiana, Mississippi and Alabama to royal red shrimping. The area was closed to this type of deep water fishing on Nov. 24 as a precautionary measure after a commercial shrimper discovered tar balls in his net. The “fingerprint” analysis to determine whether the source of the tar balls was the Deepwater Horizon/BP oil was inconclusive. Further fish and shrimp sampling and testing from the area showed no oil or dispersant contamination.


This reopening was announced after consultation with the U.S. Food and Drug Administration. All commercial and recreational fishing is allowed within this area.



“Extensive testing of royal red shrimp and other fish from this area revealed they are safe to eat,” said Roy Crabtree, assistant NOAA administrator for NOAA’s Fisheries Service southeast region. “Seafood safety and consumer confidence remain a priority for NOAA, and we will continue monitoring Gulf seafood for as long as necessary to ensure its integrity.”


NOAA continues to work closely with the FDA and the Gulf states to ensure seafood safety. Additionally, the agency is continuing its post-spill broad-scale seafood sampling strategy that includes sampling seafood from inside and outside the closure area. 


To date, all seafood tested by NOAA and FDA post-spill demonstrates seafood is safe for consumption. Results from the sensory analysis found no detectable oil or dispersant odors or flavors, and results from the chemical analysis for oil-related compounds and dispersants were well below the levels of concern.


Royal red shrimp are caught in Gulf waters deeper than 600 feet and are the only shrimp species targeted with trawls at these depths. The more common Gulf shrimp species are brown, white and pink shrimp, and are caught in waters less than 300 feet deep. NOAA has not received reports of tar balls in fishing catches at shallower depths in this area.


These waters were initially closed to all commercial and recreational fishing last summer because of the Deepwater Horizon/BP oil spill and were reopened to all fishing on Nov. 15 after hundreds of seafood specimens sampled from the area, including royal red shrimp, passed both sensory and chemical testing.


An area covering 1,041 square miles immediately surrounding the wellhead still remains closed to all commercial and recreational fishing. The fishing area closure was first instituted on May 2, at which time it covered about 3 percent (6,817 square miles) of Gulf waters around the wellhead. As oil continued to spill from the wellhead, the area grew in size, peaking at 37 percent (88,522 square miles) of Gulf waters on June 2.       


NOAA has a number of methods for the public to obtain information or be notified when there is a change to the closed area:


 



  • Sign up to receive Southeast Fishery Bulletins by email at SERO.Communications.Comments@noaa.gov
  • Call 1-800-627-NOAA (1-800-627-6622) to hear a recording of the current coordinates (message in English, Vietnamese, and Spanish – coordinates in English)
  • Listen to NOAA Weather Radio for messages about the closure
  • Follow us on Twitter: usnoaagov to get a tweet when the closed area changes

NOAA’s mission is to understand and predict changes in the Earth’s environment, from the depths of the ocean to the surface of the sun, and to conserve and manage our coastal and marine resources. Visit us at http://www.noaa.gov or on Facebook at http://www.facebook.com/usnoaagov.




Posted in Uncategorized

Greenburgh,Facing Tax CERT DELUGE Ponders Full Reval of Property

Hits: 0

WPCNR THE FEINER REPORT. By Greenburgh Town Supervisor Paul Feiner.February 2, 2011:



In recent months the Town Assessor, Edye McCarthy, Town Board members and I have met with school, village officials and civic leaders –asking for their input: should the town undertake a reassessment.


We had a Town Board discussion with the public and state officials Monday night.  The town (including school district, fire districts) loses about $10 million a year in certiorari refunds—revenue losses to the town. .


 



I have asked two highly respected members of the community to provide the Town Board with recommendations: the next steps we should take. This is their letter/suggestions. What do you think?


PAUL FEINER


January 26, 2011



Supervisor and Members of the Town Board


Town of Greenburgh


177 Hillside Avenue


Greenburgh, New York 10607


 


Re: Town-wide revaluation and reassessment


 


Ladies and Gentlemen:


 


As most of you know, the Supervisor has asked the undersigned, Peter Derby and Tom Rothman, to assist the Town in evaluating whether a Town-wide revaluation and reassessment will prudently and fairly address both the burdensome and costly issue of property assessment valuation challenges and their tax refunds and the perceived inequity of the current system of property assessment/taxation in the Town and whether a Town-wide revaluation and reassessment is the most equitable and cost effective method of addressing these issues.


 


For those of you who we have not had the pleasure of personally meeting, a brief introduction is in order. We are both long-time residents and homeowners in the Town. Peter Derby has served as an internal bank auditor, a bank corporate finance director, is a founder of Troika Dialog, the first investment bank in Russia, CFO and CEO of DialogBank, the first private bank based in Russia to receive an international banking license, was Managing Executive for Operations and Management of the U.S. Securities and Exchange Commission and was a Trustee in Irvington. Tom Rothman is an attorney, has served as a senior counsel for local finance and real property taxation matters to State Comptroller Arthur Levitt, was senior partner for public finance with Willkie Farr and Gallagher LLP, and was a long time member of the Board of Governors of the New York chapter of the Government Finance Officers Association.


 


We have met with the Supervisor, Town Assessor and others, have reviewed reports and draft legislation prepared by or on behalf of various towns in the County, as well as by those acting on behalf of the County, and have concluded that without the benefit of certain specific information being obtained prior to a determination to undertake a Town-wide revaluation and reassessment any request for proposals to undertake a Town-wide revaluation under the prescriptions of existing law may be counter productive and may not be the most prudent, equitable and cost effective method of addressing these issues.


 


It appears axiomatic that the passage of in excess of a half-century since the last comprehensive revaluation and reassessment in the Town has created an assessment/taxation system containing certain inequities. It also appears axiomatic that State mandates requiring that residential real property units held in non-condominium ownership be assessed at fair market value whereas residential real property held in condominium ownership must be assessed at a “restricted value”, or a value significantly below fair market value, and the State prohibition on reassessing residential real property following resale or change of ownership results in certain inequities. Before undertaking an initial expense of a Town-wide revaluation, an expense believed to be considerable, as well as the continuing expense of periodic revaluation to assure that the Town does not find itself in the same expensive litigation/tax refund predicament it currently faces again (i.e. see Nassau County) it would be helpful, if not mandatory, to know the likely effect on Town taxpayers of a Town-wide revaluation and whether a “better fix” to these issues may be crafted. Finally, it also appears axiomatic that many purchasers of residential real property have relied upon the Town’s current system and existing assessments in making their decision whether to purchase a home in the Town, and whether that home is affordable. Accordingly, the Town needs to be prudent, fair and equitable in enacting any changes to the existing system of assessment so as not to reap unfortunate and unintended deleterious consequences upon a segment of our community while at the same time attempting to remove other existing inequities that are also hurting a segment of our community.


 


To this end, we recommend a modest expenditure to retain a suitable professional to determine, among other items as may be added by your body, by utilizing an appropriate and professional scientific sampling methodology, the following:


1. The likely affect on all classes of residential real property taxation in different neighborhoods throughout the Town of a Town-wide revaluation as prescribed under current law.


2. The likely affect on residential real property taxation throughout the Town held in condominium ownership if real property held in condominium ownership were assessed on the same basis as real property held in non-condominium ownership; and the likely effect on real property throughout the Town held in non-condominium ownership if the law were changed to provide that all residential real property were valued, assessed and taxed on the same basis.


3. The likely effect on residential real property taxation throughout the Town if the Town did not undertake a Town-wide revaluation, but residential real properties held in all types of ownership were reassessed after a sale or change in ownership to reflect a sale price of an arms length sale, with non-arms length sales or change in ownership being revalued and reassessed as if they had been on an arms length basis, and all residential properties not sold within any recurring five year period, revalued and reassessed every five years.


4. The likely cost of an initial Town-wide revaluation.


5. The likely cost of a continuing periodic Town-wide revaluation.


6. Based upon the experience and/or knowledge of the expert, and given the recent high, if not unprecedented, number of settled claims and challenges, whether it can be anticipated that assessment valuation challenges and tax refunds will significantly diminish if no action is taken.


7. Based upon the experience and/or knowledge of the expert, recommendations concerning these issues and measures likely to reduce any hardships reasonably foreseeable by a Town-wide revaluation and reassessment, including hardships on those economically at the lowest levels in the Town, on retired senior citizens and on those on pension or fixed income.


8. Based upon the experience and/or knowledge of the expert, will a Town-wide revaluation and reassessment predominantly affect the expensive older homes and the expensive newer homes or will such similarly affecting the middle and lower priced homes as well?


9. Based upon the experience and/or knowledge of the expert, would it be efficient to restructure the property categories into four categories, residential, commercial, condominium/cooperative and utilities?


 


To eliminate the possible perception of the chosen expert having an economic interest in a determination to undertake a Town-wide revaluation, the Town may consider stipulating that the expert chosen will (may at the Board’s discretion?) be ineligible to undertake any subsequent Town-wide revaluation.


 


Respectively submitted,


 


 


Peter Derby                         Tom Rothman


 


 


 

Posted in Uncategorized

Gov Unveils Budget: $2.7 Billion Cut; Ed Aid Down 2.9% AIM Trimmed

Hits: 0

WPCNR ALBANY ROUNDS. From the Office of  Governor Andrew M. Cuomo. February 1, 2011:


Governor Andrew M. Cuomo today unveiled a proposed 2011-2012 Executive Budget that transforms the state budget process to conform to fiscal realities and eliminates a $10 billion dollar deficit without raising taxes or borrowing.
 
“New York is at a crossroads, and we must seize this opportunity, make hard choices and set our state on a new path toward prosperity,” Governor Cuomo said. “We simply cannot afford to keep spending at our current rate. Just like New York’s families and businesses have had to do, New York State must face economic reality. This budget achieves real, year-to-year savings while restructuring the way we manage our state government. This is the first step toward building a new New York.”
 
Our state spending has grown at over 5.7 percent per year over the last decade outstripping tax receipts (3.8 percent), personal income (3.7 percent), or inflation (2.4 percent). Not only do we spend too much, but we get too little in return. Our state is number one in spending on education and number 34 in results. We are number one in spending on healthcare and number 21 in results. The goal is to return fiscal responsibility to the state so that we may strengthen the economy and create jobs.
 
A key step in beginning to redesign and realign New York’s government is taking a look at the process used to create the budget.
 
First, we are redesigning how the budget is created. We are rejecting a system of automatic and unrealistic budget increases that, for years, has caused spending to skyrocket to unsustainable levels.


 


 




 
First, we are redesigning how the budget is created. We are rejecting a system of automatic and unrealistic budget increases that, for years, has caused spending to skyrocket to unsustainable levels.
 
Second, the process is not just a budget exercise, it must be a management exercise. That means that we cannot just keep throwing money at the problem. More funds does not mean better healthcare, or better schools or better programs. The changes must start with a look at the programs: do they work for the patient, the student, or the New Yorker.
 
Third, we must work together to fix the dismal financial situation we are in. That means bringing stakeholders to the table, making everyone part of the solution. From Medicaid to education to government reform to mandate relief, government cannot do this alone. That’s why the Governor appointed key working teams in Medicaid redesign and local mandate reform. He also created the SAGE commission on government efficiency to revamp the state government structure.
 
Fourth, in order to lead by example, we have made the largest percentage cuts in state operations reducing general fund spending by 10 percent. Though there is much pain to go around, this decision spares local governments the worst of the budget cuts.


$9 BILLION GAP CLOSED



Governor Cuomo’s Executive Budget proposal eliminates the projected 2011-12 gap with $8.9 billion in recurring spending actions, or nearly 90 percent of the total plan. The remainder of the gap is eliminated through $340 million of revenue enhancements, such as tax modernization to improve collections and lottery proposals; one new fee; and $805 million in non-recurring actions. This budget proposes gap-closing actions in almost every area of state spending and includes year-to-year reductions in the two largest drivers of State expenditures, Medicaid and School Aid.
 
State Operating Funds spending increases by 1 percent while all governmental funds spending declines by 2.7 percent. As the Governor has made clear, closing the gap means cutting growth in projected spending. Without actions, spending was projected to grow by 12 percent, due largely to provisions in state law mandating higher spending. This has become an unsustainable process. This budget is designed to reduce or eliminate the impact of many of these provisions and recalibrate spending to sustainable levels to help repair New York’s fiscal condition.
 
With these actions, the Executive Budget proposes
 



  • All Funds spending of $132.9 billion in the fiscal year that begins April 1, 2011, a decrease of 2.7 percent or $3.7 billion from 2010-11.
  • State Operating Funds spending of $88.1 billion, an increase of $900 million, or 1 percent. State Operating Funds exclude federal funds and long-term capital spending.
  • State Operating Funds is adjusted to reflect the loss of significant one-time federal funding received in 2010-11 to cover Medicaid costs normally paid from State funds and other actions, as well as other extraordinary expenses, the Executive Budget would increase State Operating Funds by 1 percent.


The actions proposed in the Executive Budget reduce the projected four-year deficit by 86 percent, from $64.6 billion to $9.2 billion. Following the Executive Budget, the projected budget gaps drop to $2.3 billion for 2012-13, $2.5 billion for 2013-14, and $4.4 billion for 2014-15.
 
Redesigning and Rightsizing State Government
 
Reducing the Cost of State Government. The Governor’s budget proposal reduces General Fund State Operations spending by 10 percent at State agencies. Commissioners and agency heads will be instructed to maximize savings in non-personal services. To achieve the rest of the savings, the Governor intends to seek a partnership with the State employee labor unions to seek savings in personal service spending in a way that causes the least disruption to State employees while ensuring the continued provision of necessary services for the citizens of New York. Management employees would also contribute to these savings.


If workforce saving cannot be accomplished jointly, as a last resort up to 9,800 layoffs would be necessary. Contracts covering the vast majority of State employees are up for renewal at the outset of the 2011-12 State fiscal year.
 
Merging and Consolidating State Agencies. The Executive Budget proposes to merge or consolidate 11 separate State entities into four agencies to streamline and eliminate duplicative bureaucracy, better align State responsibilities with need and improve services through superior coordination.


Proposals include merging the Banking and Insurance departments and the Consumer Protection Board into a new Department of Financial Regulation; merging the Department of Correctional Services and the Division of Parole into the new Department of Corrections and Community Supervision; consolidating the Office for the Prevention of Domestic Violence, the Office of Victim Services and the State Commission of Correction into the Division of Criminal Justice Services; and consolidating the New York State Foundation for Science, Technology and Innovation into the Empire State Development Corporation.
 
Reducing the Size of State Government. To help redesign and transform government, Governor Cuomo has created the Spending and Government Efficiency (SAGE) Commission. As part of this effort, Governor Cuomo has directed the Commission to make recommendations to reduce the number of agencies, authorities, and commissions by 20 percent over the long term. The SAGE Commission is directed to submit to the Governor a rightsizing plan to reduce the number of agencies by May 1, 2011. Under legislation proposed by the Governor, the Governor would then submit the rightsizing plan to the Legislature for action with the plan going into effect pursuant to a resolution of the Legislature.
 
Reducing Excess Capacity. The Governor’s Executive Budget proposes to reduce excess capacity in prisons, youth detention and mental hygiene facilities. Governor Cuomo will reduce excess capacity using rational processes and will propose to eliminate the statutory 12-month notification prior to closures.


Actions for youth and mental hygiene facilities will be taken following careful analysis of vacancy rates, service utilization, and other factors. For prisons, actions will be implemented pursuant to recommendations of a task force created by Executive Order to examine excess capacity and recommend specific prison closures of the enactment of the bill appropriating funds for State operations. If the task force does not recommend a sufficient plan of action, the Commissioner of Correctional Services would implement facility closures. Recognizing the impact of facility closures on host communities, the Executive Budget directs $100 million in economic development aid for affected areas.
 
Medicaid
 
With the Executive Budget, Governor Cuomo is advancing a new and inclusive approach that will bring New Yorkers into the process of developing proposals to provide critical health care services at lower costs. Following years of unsustainable growth, the Executive Budget reflects a year-to-year All Funds decrease of nearly $1 billion ($982 million), or two percent, in Medicaid spending in 2011-12.
 
Gap closing actions totaling $2.85 billion for 2011-12 will be advanced by the Medicaid Redesign Team. Established pursuant to Executive Order No. 5, the Medicaid Redesign Team’s 27 members will bring vast experience as health care providers, consumers and industry experts to address the challenge of refocusing our health care system to provide quality health care at lower costs.


The team, which also includes State legislators, is conducting a comprehensive review of New York’s Medicaid Program and is to report its findings and recommendations for cost reductions to the Governor by March 1, 2011 for consideration in the budget negotiation process.
 
In addition, these proposals will limit future Medicaid Program State Funds growth to the 10-year rolling average of the medical care component of the Consumer Price Index (currently four percent).
 
Education

 
Education in New York is financed primarily through a combination of State and local funding. Under current law, school aid was slated to grow at a rate of 13 percent in 2011-12. The Executive Budget proposes School Aid of $19.4 billion for the 2011-12 school year, a year-to-year reduction of $1.5 billion.


This represents a reduction of only 2.9 percent of the total operating expenditures projected to be made by school districts statewide during the 2010-11 school year, and 7.3 percent in State support. After these reductions, which represent $2.85 billion of gap-closing benefit for the State Fiscal Year, School Aid will continue to represent the largest State-supported program, accounting for 29 percent of General Fund spending.
 
To help achieve the Governor’s goal of encouraging efficiency and results, the Executive Budget allocates $250 million to be awarded on a competitive basis to school districts that demonstrate significant improvement in their student performance outcomes and another $250 million to be awarded on a competitive basis to school districts that undertake long-term structural changes which reduce costs and improve efficiency.
 
The Executive Budget’s School Aid proposal includes a $2.8 billion Gap Elimination Adjustment (GEA) for the 2011-12 school year that would help achieve a balanced budget through reductions in school aid on a progressive basis, accounting for each school district’s wealth, student need, administrative efficiency and residential property tax burden. The size of the GEA in part reflects the loss of $1.3 billion in one-time Federal funding provided by the American Recovery and Reinvestment Act of 2009 and the Education Jobs Fund of 2010. The GEA is partially offset by $305 million of growth in existing expense-based aids such as Building Aid, Transportation Aid and BOCES Aid.
 
The budget modifies transportation aid to encourage shared services and other cost-effective practices, and includes $696 million available from the Federal Race to the Top program, which is also designed to reward student performance. To limit school aid growth in future years, the budget proposes a new Gap Elimination Adjustment formula in permanent law that limits growth in the out-years based on the growth in personal income.
 
Regional Approach to Economic Development
 
The Executive Budget establishes 10 Regional Economic Development Councils, which will be chaired by Lieutenant Governor Robert Duffy, to create a more regionally-based approach to allocating economic development funding and to act as one-stop shops for all State-supported economic development and business assistance programs in each region.


Recognizing that strategies to revitalize different parts of the State depend upon numerous factors unique to each region and that the best ideas come from the people who live in those regions, Governor Cuomo is proposing a process that will include and engage local stakeholders in developing and executing sustainable long-term, regional economic development strategies.
 
The Executive Budget reprograms more than $340 million in existing economic development capital resources for major regional initiatives. Besides assisting communities affected by state facility closures, these funds will be used to provide more than $130 million for competitively determined economic development projects put forward by the Regional Councils, $100 million for the Metropolitan Transportation Authority’s capital program and $10 million towards the State’s existing commitment for the New York City Empowerment Zone. The Executive Budget also strengthens the Excelsior Jobs Program, which was created in 2010 to provide job creation and investment tax credit incentives to businesses in targeted industries.
 
Restructuring Aid to Encourage Results and Efficiency
 
One of the guiding principles of Governor Cuomo’s Executive Budget is that government must become more efficient and demand results. The budget proposal redirects formula and reimbursement aid into competitive grants in a number of areas and encourages community solutions rather than State mandates. These include:
 



  • Funding of $79 million for programs designed to encourage and reward local governments that consolidate or achieve efficiencies and performance improvements. That includes $35 million for Citizen Empowerment Tax Credits and Citizens Re-Organization Empowerment Grants and $40 million for the Local Government Performance and Efficiency Program. Of the Citizen Empowerment Tax Credit, at least half of the bonus the program provides to governments that consolidate – 15 percent of the combined entities’ tax levy – would have to be used toward local property tax relief.
  • Redirecting a portion of mental hygiene funding from State-operated services to community-based programs to improve the quality of care for this vulnerable population.
  • Converting a portion of current formula-based funding for agriculture and markets research, economic development, local government and juvenile detention programs into competitive, performance-based funding program.


Juvenile Justice Reform
 
Governor Cuomo is proposing significant reform of the State’s juvenile justice system and greater use of preventive services to generate better outcomes for children and family as well as significant savings. These reforms will redirect savings achieved by right-sizing State facilities and reducing unnecessary juvenile detention into more effective and lower cost community-based alternatives.
 
The budget invests savings achieved through the right-sizing of State youth facilities and local detention operations into community-based programs that better meet the needs of troubled youth.
 
Higher Education
 
To address the state’s fiscal challenges, the Executive Budget proposes reductions in the State University and City University systems. The Executive Budget reduces base per-student operating aid for community colleges by 10 percent and SUNY and CUNY operating aid by 10 percent, and eliminates the subsidy for SUNY’s three teaching hospitals in Syracuse, New York City and Long Island, which accounts for approximately eight percent of overall hospital revenue. The budget keeps TAP benefits at current year levels.
 
To help the State University of New York (SUNY) more efficiently manage, the Executive Budget includes legislation that would enable SUNY to streamline its procurement processes and provide SUNY greater flexibility to engage in public-private partnerships – flexibility the City University of New York already has.
 
The Executive Budget extends the Physician Loan Forgiveness Program, the McGee Nursing Faculty Scholarship Program and the Nursing Faculty Loan Forgiveness Program, which provide benefits to physicians who agree to practice in areas with physician shortages and to nurses who agree to serve as educators in nursing programs, respectively.
 
Comparable to reductions for SUNY and CUNY, the Executive Budget reduces unrestricted financial assistance to New York’s independent colleges and universities (Bundy Aid) by 10 percent, comparable to reductions proposed for SUNY and CUNY.
 
Assistance to Local Governments
 
New York has the highest local property tax rates in the country. Recognizing that reducing State mandates is critical to helping local governments lower their property tax rates, Governor Cuomo created the Mandate Relief Redesign Team by Executive Order. This team, made up of representatives of the Legislature, local government, education and private industry, will conduct a rigorous and comprehensive review of mandates imposed on school districts and other local taxing districts to identify mandates that are ineffective, unnecessary, outdated and duplicative in order to develop the best and most cost-effective ways to deliver mandated programs and services. The Team will report to the Governor on March 1, 2011.
 
The Executive Budget reduces Aid and Incentives for Municipalities (AIM) by two percent for cities, towns and villages outside New York City, which does not receive AIM in recognition of the city’s numerous alternative funding sources such as a local income tax. But the budget encourages efficiency and innovation through the competitive award of $79 million for local government consolidation and performance improvements that will help jump-start the Governor’s vision of partnering with local governments to deliver smarter and more effective services to New Yorkers at lower cost.
 
Environment
 
The Budget maintains the current year funding level of $134 million for programs supported by the Environmental Protection Fund. Appropriations include $10.8 million for solid waste programs, $52.7 million for parks and recreation and $70.5 million for open space programs.
 
Transportation
 
Despite the current fiscal crisis, Governor Cuomo’s Executive Budget continues prior year funding levels for the core transportation capital programs supported by the Dedicated Highway and Bridge Trust Fund, providing $501 million for highway and bridge construction, $363.1 million for the Consolidated Highway Improvement Program (CHIPS) and $39.7 million for the Marchiselli program for local governments, and $16.9 million for Amtrak service subsidies and additional rail capital investments.
 
The Executive Budget also provides a modest increase in cash operating support for the Metropolitan Transportation Authority (MTA) of $43 million, bringing total cash operating support to $3.8 billion, and for other transit systems of $2 million, bringing their combined total to $401 million.
 
Although the budget also provides $100 million to the MTA’s capital program from redirected economic development funds, it also proposes using $165 million of Metropolitan Mass Transportation Operating Assistance Account funds to pay debt services on State bonds previously issued for the MTA capital program that otherwise would be paid from the General Fund and transferring $35 million in MMTOA funds to the General Fund.

Posted in Uncategorized

3 Brokers Convicted of $140 Million Stock Fraud

Hits: 0

WPCNR POLICE GAZETTE. Specialto WPCNR from The Federal Bureau of Investigation. February 1, 2011:


PREET BHARARA, the United States Attorney for the Southern District of New York, and JANICE K. FEDARCYK, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that ARN WILSON, MICHAEL PASSARO, and ROBERT GRABOWSKI, three former senior brokers at Sky Capital, LLC, have pled guilty in Manhattan federal court in connection with a scheme to defraud investors through two successive securities broker-dealers—The Thornwater Company, L.P. (“Thornwater”), and Sky Capital, LLC. WILSON, 46, of Concord, North Carolina, and PASSARO, 47, of Delray Beach, Florida, pled guilty earlier Friday. GRABOWSKI, 43, of Staten Island, New York, who also served as President of Thornwater, previously pled guilty on January 25, 2011.


According to the four-count Superseding Indictment to which WILSON, PASSARO, and GRABOWSKI each pled guilty, and statements made during the guilty plea proceedings before U.S. District Judge PAUL A. CROTTY:


 |


From 1998 through 2006, GRABOWSKI, WILSON, and PASSARO participated in a scheme with ROSS MANDELL, STEPHEN SHEA, ADAM HARRINGTON, and others to defraud investors through material misrepresentations and omissions that induced people to invest in private placements and other purported securities investment opportunities.


In fact, investor funds were substantially used to enrich the defendants and others; to pay excessive, undisclosed commissions to brokers; and to pay off victims who had lost money through prior purported investment opportunities.


In connection with the scheme, the defendants, acting primarily from the offices of Thornwater and Sky Capital, LLC, in New York, New York, raised a total of approximately $140 million from investors. MANDELL allegedly controlled the operations of both broker-dealers.


As part of the scheme, brokers at Sky Capital, LLC, manipulated the market price of the stock of two affiliated entities, Sky Capital Holdings Ltd., and Sky Capital Enterprises Inc. (collectively “Sky Capital”). MANDELL, SHEA, and HARRINGTON allegedly made undisclosed payments to Sky Capital brokers, including WILSON, GRABOWSKI, and PASSARO, in exchange for their assistance with this aspect of the scheme.


* * *


GRABOWSKI, WILSON, and PASSARO each pled guilty to all four counts of the Superseding Indictment, which charged them with conspiracy and substantive securities, wire, and mail fraud crimes. They each face a maximum term of 65 years in prison, a fine of $5 million or twice the gross pecuniary gain or loss on each count, and a maximum of three years of supervised release.


The charges against MANDELL, SHEA, and HARRINGTON remain pending and are merely accusations. They are presumed innocent unless and until proven guilty.


* * *


Mr. BHARARA praised the investigative work of the Federal Bureau of Investigation. He thanked the U.S. Securities and Exchange Commission for its assistance in this matter.


This case was brought in coordination with President BARACK OBAMA’s Financial Fraud Enforcement Task Force, on which Mr. BHARARA serves as a Co-Chair of the Securities and Commodities Fraud Working Group. President OBAMA established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.


Assistant U.S. Attorneys PABLO QUIÑONES and KATHERINE GOLDSTEIN are in charge of the prosecution.


Posted in Uncategorized

3 CONVICTED OF MURDER,ROBBERY, DRUG CONSPIRACY IN U.S. COURT IN WP

Hits: 0

WPCNR POLICE GAZETTE.  Special to WPCNR from the Federal Bureau of Investigation. January 31, 2011:


DAVON YOUNG, a/k/a “Burners,” THOMAS CHAMBLISS, a/k/a “TC,” and GREGORY FULLER, a/k/a “Murder,” a/k/a “Julio,” were all found guilty on Friday night following a four-week jury trial in White Plains federal court of murder, robbery, narcotics conspiracy, robbery conspiracy, firearms possession, and witness tampering offenses.


PREET BHARARA of the U.S. Attorney’s office announced today:  “These three defendants terrorized the citizens of Yonkers. They spread drugs and fear in their Yonkers neighborhood, and ultimately committed a brutal murder to further their drug trafficking business. With this conviction, a community can feel safer knowing that the defendants were held responsible for their crimes. This investigation and prosecution was a model of professionalism and cooperation among federal and local law enforcement.”


According to the evidence at trial before United States District Judge CATHY SEIBEL:


Between 2002 and 2008, the Elm Street Wolves, a violent drug trafficking crew, operated in the Nodine Hill Section of Southwest Yonkers. YOUNG, CHAMBLISS, and FULLER were all members of the Elm Street Wolves and sold copious amounts of crack to drug users in the vicinity of Elm Street.


In 2008, YOUNG, CHAMBLISS, and FULLER also committed a series of gun-point robberies of drug dealers in Yonkers, New York. First, on January 4, 2008, YOUNG and FULLER robbed a crack cocaine dealer with a shotgun inside an apartment at 16 Orchard Place in Yonkers and stole approximately $600 in drug proceeds. Second, on January 14, 2008, CHAMBLISS, FULLER, and a co-conspirator robbed another crack cocaine dealer using a semi-automatic handgun in a hallway inside 34 Prospect Street in Yonkers.


Finally, on January 14, 2008, YOUNG, CHAMBLISS, and FULLER robbed Tyrone Bergmann in the vicinity of 177 Helena Avenue, Yonkers, and in the course of that robbery, YOUNG shot and killed Bergmann. Subsequent to the murder, CHAMBLISS contacted an eyewitness to the murder from prison and attempted to persuade the witness not to speak to the Yonkers Police Department about the witness’s knowledge of Bergmann’s robbery and murder.


The defendants face maximum sentences of life imprisonment on the narcotics conspiracy count. YOUNG and CHAMBLISS both face a mandatory minimum sentence of 10 years’ imprisonment, while FULLER faces a mandatory minimum of 20 years’ imprisonment, on the narcotics conspiracy count.


In addition, FULLER faces a mandatory minimum sentence of 80 years’ imprisonment on the firearms charges, which must run consecutively to the narcotics conspiracy sentence, for a total mandatory minimum sentence of 100 years’ imprisonment. YOUNG faces a mandatory minimum consecutive sentence of 55 years’ imprisonment on the firearms charges, for a total mandatory minimum sentence of 65 years’ imprisonment. CHAMBLISS faces a mandatory minimum consecutive sentence of 30 years’ imprisonment on the firearms charges, for a total mandatory minimum sentence of 40 years’ imprisonment. YOUNG, CHAMBLISS, and FULLER are all scheduled to be sentenced in front of Judge SEIBEL on June 24, 2011 at 2:00 p.m.


U.S. Attorney BHARARA commended the FBI and the Yonkers Police Department for their outstanding efforts in this case.


Assistant United States Attorneys NICHOLAS L. McQUAID and MICHAEL Q. ENGLISH are in charge of the prosecution.

Posted in Uncategorized